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CITY COUNCIL MEETING MINUTES
December 4, 1988
The regular meeting of the City Council of the City of
Bremerton was held in the City Council Chambers, 239 4th
Street, Bremerton, Washington, Wednesday, December 4, 1985,
at 5:30 p.m. with Council President Art Anderson presiding.
Present were Councilmen E.L.Sturdivant, Phil Drouin, Clyde
Pachek, Bill Amo, Russ Johnson, Roy Mosely, Spencer Horning
and Jim Adrian. Also present were Mayor Morrie Dawkins,
City Attorney Bill Broughton and City Clerk Kathleen
McCluskey.
The meeting was opened with the Pledge of Allegiance, led by
Council President Anderson with Councilman Homing giving
the Invocation.
Council President Anderson noted that Agenda Bills, #2A -
Change Order No. 1 to Contract #2592 - 1548 Warren Avenue
Roof & #8A, #AB85-493 - Purchase request - (1) Cushman S-
Wheel Scooter, #AB85-518, were pulled from the agenda.
CONSENT AGENDA
Item #A - Minutes of November 27, 1985, #AB85-517, with
addendum of vote division, Pg. 7, Motion ##0056 - 7 for, 1
abstain.
· M/S/C/(Adrian/Horning)to approve the Consent Agenda, as pre-
sented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as
required by RCW 42.24.080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing which has been made available to the
Council.
M/S/C/U/(Drouin/Johnson) on November 27, 1985, the Council
by a unanimous vote, does approve for payment those vouchers
included and further described as follows: Payroll vouchers
in the total amount of $331,755.53 and regular voucher
numbers #16422 - #16489, in the total amount of $117,472.29,
and #16416, in the total amount of $2,400.00.
MAYOR'S REPORT - None
ATTORNEY'S REPORT - None
City Attorney Bill Broughton did request that the Executive
Session scheduled under his report, be postponed until the
regular Council meeting is completed and subject to be
discussed is potential Utility Tax litagation.
COUNCIL MEMBERS REPORTS
Councilman Johnson reported on a meeting/dinner held Tuesday
evening to gather newly elected officials together to
discuss transitional matters.
Councilman Adrian reported that the Council "Statements of
Legislative Intent" will be in final draft form by Thursday,
December 5, 1985.
Councilman Drouin announced the final meeting for the
Wastewater Facilities Committee to be held Thursday, 9:30
a.m. in the Council Conference room. Also there is
scheduled a Puget Sound Council of Governments meeting which
will deal with Regional Sludge. He noted that hearings are
being held for Seattle Metro Wastewater Treatment facilities
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and it is his opinion that they are trying to seek total
funding. He encouraged his contituents and public to write
to their elected officials in protest.
Councilman Mosely spoke on an article in the Seattle Times,
November 11, 1985, regarding the sewer treatment plant.
Councilman Drouin asked to add that State Representative
Paul Zellinsky, present this evening, has fought funding the
Seattle Metro operation and the Wastewater Utility Tax
issue.
Councilman Sturdivant stated that the greens at Gold
Mountain Golf Course are getting back in shape due to the
heavy percipitation and fertilization done.
PURCHASE OF STATE PATROL FACILITY, #AB85-477
Subject to Council approval the City has negotiated a real
property transfer between the City of Bremerton and the
Washington State Patrol. This proposed exchange of property
involves the existing WSP facility, located on Auto Center
Way and a parcel of real property owned by the City located
at the intersection of Union and Werner Roads. The real
property owned by the City has been surplused to City needs
and is owned by the general fund. The State Patrol building
and land is owned by the State of Washington, is fee simple.
Two appraisals have been obtained on both parcels of
property. Based upon those appraisals it appears there is
an approximate $90,000.00 differential in value with the
City's raw land being more valuable. To compensate for this
difference in value, the State Patrol has agreed to leave a
vehicle inspection building on a concrete pad. The value of
this building is between $60-65,000.00. In addition, the
State Patrol has agreed to pay to the City the sum of
$20,000.00 with a proposed earnest money agreement included
in Council packets. Once the earnest money agreement is
approved the City can take the additional necessary steps to
obtain appropriate zoning on the property it owns and annex
a portion of it into the City limits. Once completed the
appropriate deeds can be executed by the Mayor and the State
to transfer final ownership of the properties.
Council is asked to approve the earnest money agreement.
Further this exchange of properties will enable Bremerton
Police Department to moved to the existing WSP building as
it's headquarters, allowing the existing Police Department
facility to be expanded for needed jail improvements and
adequate office facilities.
Police Chief Don Cundiff introduced Washington State Patrol
Chief George Tellvik who gave a short history of the needs
of the WSP in the Western Region of the State. He stated
that several sites were considered but the Patrol, through
process of elimination found the surplused City property
ideal, close to the epicenter of the District/Regional
needs,immediate access to freeways and within the largest
populace served by this detachment, reaching from Vancouver,
WA to Port Angeles and Western Puget Sound to the Coastal
areas. The Patrols intent is 20-50 years occupancy at this
location for adequate room for expansion as needed. He
noted that this would also assist the Bremerton Police
Department in reducing local crime and more officers in the
area at any given time.
Councilman Drouin noted that he was one of the sponsors for
the proposed land exchange/purchase but questioned
appraisals and how figures arrived in the amount the WSP
would need to pay the City. Chief Tellvik responded that
the land negotiations were accomplished through the State
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#~560
General Services division by a property management
specialist and building value was based on replacement
value. Councilman Anderson stated that Chief Cundiff
thoroughly explained the benefits to the City. Councilman
Adrian asked when WSP would vacate, leaving available for
BPD to occupy with Chief Cundiff stating early 1987.
State Representative Paul Zellinsky, noted that the proposed
exchange/purchase is endorsed by the local 3 Senators and 9
House members and noted the future increase of efficiency to
Bremerton Police Department. He offered his assistance in
any way to aid the City in acquisition or transition.
Ms. Cindy Woods, State General Administration Division,
stated she had authorization to trade the existing WSP
property and reviewed 11 sites. The deciding factors
included; (1) Public use to present location; (2) close to
freeway access, and (3) thinks residents in the Bremerton
area would like to continue to have visible Patrol in this
area. Councilman Johnson asked if there were any covenants
required in the deeds that would limit the use? Ms. Woods
responded that there were bonding liens which are now
satisfied. She stated that negotiations included give and
take on both the State and City officials, one being the
need to level the City's proposed parcel to a more buildable
site. There is a stipulation that an amount, up to $10,000
be provided by the City crews to accomplish this need,
however, the actual dollar figure may be substantially less.
Mr. Bill Enqer, President Bremerton Area Chamber of
Commerce, stated the Chamber endorses the proposed exchange
and if the City is realistic, it cannot and will not be able
to afford property acquisition or building a new Police
Headquarters on it's own because of financial restraints
therefore the proposal would weigh heavily for the City to
approve this request. Further the area where the WSP
proposes building it's new District Headquarters can only
enhance attractive development in the Bremerton City limits.
Mr. Pete Flynn, Manager of Mainstreet Association,
reiterated what was said and felt this kind of new
development is what Bremerton is seeking.
Discussion followed regarding City crews doing land/site
preparation. City Attorney Broughton noted that the $10,000
figure would be applied on the hourly salaries plus benefits
and equipment and is figured on fixed costs. Councilman
Adrian expressed concern that the agreement may imply "to
provide site ready for construction". Chief Tellvik
clarified the Patrol's position that they are not seeking a
ready to build site because they have their own site
preparation work. This is only an attempt to level the lot
because of the extreme different levels as the site now
exists. He stated the Patrol would be willing to enter into
a Hold Harmless agreement, if necessary, however City
Attorney Bill Broughton stated that it is recorded on tape
that the State Patrol understands the conditions of City
responsibility up to the maximum limit of $10,000, for some
leveling of site only, not site preparation for
construction.
· M/S/C/(Drouin/Mosely) to agree to the Purchase Agreement
between the City of Bremerton and the Washington State
Patrol, accepting the earnest money agreement.
VOTE: in favor: Sturdivant, Homing, Pachek, Mosely,
Anderson, Drouin, Adrian & johnson
Opposed: Amo
Motion PASSED.
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Councilman Amo requested, for the record, that he was still
concerned about the portion of the agreement to incur City
expense for land leveling.
PUBLIC RECOGNITION
Mr. David Murphy, 1520 Arvon, property owner of parcel on
Thompson Avenue, read a follow-up letter to his complaints
heard at City Council on November 20, 1985. Specifically
Bremerton Concrete's alleged violations of the "special use
permit" granted under an ordinance, on file in the City
Clerk's office.
Mr. Don Pratt, Planning Director, reported on action taken
by the Planning department to date: (1) The enforcement of
zoning violations (a) must be documented; (b) have made site
visit, and (c) paperwork is being prepared: (2) At the
January Planning Commission this issue will be heard for
revocation of special use permit: (3) the letter from Mrs.
Murphy, addressing her requests, must go through several
agencies such as the Enviromental Protection Agency, State
Air Pollution Control, etc. and the Planning department has
requested that these agencies respond no later than December
16, 1985.
Mr. Bill Camps, citizen, requested Council's consideration
in making the existing Roosevelt Field site into a
professional baseball stadium/public use facility. He
suggested that Hotel/Motel Tax monies be used to fully fund
the operation which would pay for itself, in his opinion.
Council President Anderson stated he should try to schedule
his request before the new Council at their Study Session to
be held the first Monday of January.
Council recessed at 6:38 p.m. - 6:50 p.m.
REQUEST FOR ZONING TEXT AMENDMENT ORDINANCE #3946, "AAA" -
5?00 KITSAP WAY, #AB85-521
The Bremerton Planning Commission unanimously approved the
request by "AAA" for a Zoning Text Amendment to Ordinance
#3946 for a parcel located at 5?00 Kitsap Way at their
October 29, 1985, meeting. The proposed amendment states
"Within the Kitsap Way right-of-way in the area between the
roadway or sidewalk pavement and any accessory parking
located within said right-of-way, landscaping and berming as
directed by the Planning Director. Said landscaping and
berming shall be developed and approved so that the parking
area shall be generally screened and the view from off the
premises shall be softened by the landscaping".
The original Ordinance was enacted on January 9, 1985.
Planning Director Pratt, presented Staff report, indicating
that the owner is planning to increase the number of parking
spaces from 40 as designated, to 59. He noted that rights
of way leases/sales have occurred in other areas along
Kitsap Way-Oyster Bay Inn and Bayview Inn and that the
Kitsap Lake Neighborhood Association supports the proposed
development. Planning Resolution #764, on file in the
Planning Department.
Mr. C. Freeze, Vice-President AAA, stated they looked at 38
sites before deciding to remain in Bremerton. He noted his
architect is present and available for questioninG. Mr.
Maurice Jenson, Architect for AAA, stated the area reserved
for landscaping and berming. Councilman Amo asked how wide
was the right of way with the Architect responding 90' from
center line. He stated that curbs, Gutters, would be a
total width of 25' at edge of sidewalk to the beginning of
parking. Councilman Amo then requested that the width of
the landscaping/berming be a minimum of 20' which several
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Councilmen thought excessive. Councilman Johnson stated
that most commercial areas are 5-10' but felt this area more
open.
#2140 · M/S/C/U/(Amo/Drouin) to approve Request for Zoning Text
Amendment to Ordinance #3946 enacted a/9/85 for applicant
"AAA", parcel located at 5700 Kitsap Way with a minimum
width of landscaping/harming to be 15 ft. plus sidewalk and
gutters.
PUBLIC HEARING - PROPOSED 1986 BUDGET/REQUEST FOR REVENUE
SHARING FUNDS, #AB85-516
The purpose of this hearing is for Public comment on the
proposed 1986 Requests for Revenue Sharing funds (new
requests not made at previous meetings) and the Proposed
1986 Budget.
Council President Anderson asked for Public input,
required, with no one wishing to address this issue.
as
WATER UTILITY REAL PROPERTY APPRAISAL, #AB85-451
At it's August 21, 1985, meeting Council passed a motion to
seek appraisal for purposes of surplusing the Utility owned
Meadowdale Well Site. Appraisal has been made in the amount
of $135,000. Because the property lies a significant
distance outside the Utility Service area, it will not
provide for future enhancement of the Water Supply and
Distribution System. Recommendation by Staff was to declare
parcel surplus and offer for sale by Sealed Bid in an amount
not less than $135,000 and that proceeds of sale be
deposited in the Utility's Land Acquisition Fund #402. Ms.
McCluskey stated the request was before Council on October
30, 1985 but Council tabled 30 days for more information.
Mr. Bill Duffy, Water Utility Superintendent, was present
for questioning.
#2188 · M/S/C/(Adrian/Horning) to declare parcel surplus and offer
for sale by Sealed Bid in a amount not less than $135,000
and that the proceeds from the sale be deposited in the
Utility's Land Acquisition Fund #402.
VOTE: In favor: Sturdivant, Homing, Pachek, Mosely,
Anderson, Drouin, Adrian & Johnson
Opposed: Amo
Motion PASSED.
SURPLUS PROPERTY - 1548 WARREN AVENUE, #AB85-519
The property, together with appurtenances, commonly known as
the Old Watershop Building at 1548 Warren Avenue has been
vacated by the Water Utility as a result of the relocation
of the Utility to the new Water Utility Operations Center
and Therefore has been declared surplus to the Utility's
needs. The building is being utilized on an interim basis
by the Departments of Pubic Works, Communications, General
Facilities and Animal Control and therefore, ownership
should be transferred to reflect the current usage. Staff
recommendation is that City Council declare the facility as
surplus to the needs of the Utility and transfer ownership
of the facility to the General Fund per a property transfer
agreement and subject to Administrative Policy and Procedure
and pursuant to RCW 43.09.210. Councilman Johnson noted
that the facility is still being occupied therefore it would
be premature to surplus therefore should be reviewed at a
later date.
#2286
· M/S/C/U/(Adrian/Johnson) to surplus the "old Watershop
Building" and enter into a general lease.
VOTE: In favor: Sturdivant, Homing, Pachek, Mosely,
Anderson, Drouin, Amo a Adrian
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December 4, 1985
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Abstain:
Motion PASSED.
Johnson
RIGHT-OF-WAY TRADE, ARNOLD'S FURNITURE, #AB85-514
The Engineering Department intends to reconstruct the
intersection at Marine Drive and Kitsap Way necessitating a
trade in right-of-way between the City and the owners of
Arnold's Furniture. A/though the trade will benefit the
owners by increasing the overall value of their property the
dollar amount of the trade will be even. It is requested
that the Engineering Department be granted authorization to
trade right-of-way needed for construction.
Mr. Gerry Thornburgh, Office Engineer, noted that the owners
requesting the trade and their present structure are not
within the City limits. This trade would mean that the
Chevron Station, who has been negotiating a 20-year lease
with the owners would have to relocate and that once the
trade is made, part of the parcel would fall within the City
limits however the portion, housing the furniture complex
would still be in the County.
Discussion by Council followed with Councilman Johnson,
objecting to granting a land trade that would affect a
present business, operating in the city, and benefiting a
business that would be technically still outside the city,
not paying taxes. Mr. Thornburgh stated the reason for the
trade, would be to square-off the traffic lines going to
and leading from Marine Drive. He stated this area has a
high traffic flow and it is to correct the existing
problems. Councilman Johnson thought this wouad be an
excellent time to propose approval, contingent on Arnold's
property owners annexing into the City. City AttorneV
Broughton thought this would be a good selling point.
#2794 · M/S/C/(Johnson/Adrian) to approve land trade between the
City of Bremerton and Arnold's Furniture owners, subject to
signing an annexation petition for the parcel in question.
VOTE: In favor: Homing, Pachek, Mosely, Anderson,
Drouin, Amo, Adrian & Johnson
Opposed: Sturdivant
Motion PASSED.
ORDINANCE (SECOND READING) CONFIRMATION OF EXEMPT NON-UNION
MANAGEMENT EMPLOYEES, #AB85-514
This ordinance was redrafted pursuant to changes approved at
City Council meeting, November 27, 1985. City Attorney
Broughton noted that the Court Judge did not have to be
included because the position is addressed in the City
Charter and State Statute as to confirmation. Councilman
Amo asked if all department heads effected were furnished a
copy of the Ordinance with Councilman Adrian stating no.
Ms. McCluskey stated they were made aware of the Ordinance
at the Mayor's Advisory Board meeting and general opinion
was that there was no basis for selection of those
confirmed.
Councilman Sturdivant commented that the local media stated
Mayor Dawkins would veto with City Attorney Broughton
explaining his veto powers, time frame, etc.
TAPE #305
#0007 · M/S/C/(Johnson/Adrian) to approve Ordinance (second reading)
providing a definition of administrative heads whose
appointment will require Council confirmation, time limits
on provisional appointments and providing a dollar limit on
professional service agreements, and adding the Municipal
Court Judge.
RECESSED AT 7:35 P.M. - EXECUTIVE SESSION
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#0068
City Attorney Bill Broughton stated the purpose of the
executive session was to discuss "Utility Tax Litigation".
RECONVENED AT 7:39 P.M.
M/S/C/U/(Adrian/Amo) to proceed with the lawsuit regarding
Utility Tax litigation.
With no further business, meeting adjourned at 7:39 p.m.
KATHLEEN MCCLUSKEY,~~Cty
City of Bremerton
APPROVED:
ART ANDERSON, President
City Council
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