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CITY COUNCIL MEETING MINUTES
August 28,1985
#0058 ·
#0233
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, August 28, 1985,
at 4:30 p.m. with Council President Art Anderson presiding.
Present were Councilmen E.L.Sturdivant, Bill Amo, Phil
Drouin, Spencer Horning, Clyde Pachek, Jim Adrian and Russ
Johnson. Also present were Mayor Morrie Dawkins, City
Attorney Bill Broughton and City Clerk Kathleen McCluskey.
Absent was Roy Mosely.
The meeting was opened with the Pledge of Allegiance, led by
Council President Art Anderson who also gave the invocation.
CONSENT AGENDA
Item #A - Minutes of August 21, 1985, #AB85-365; Item #B -
Small Works Contract - Forest Ridge Scout Hall Re-roof,
#AB85-366; Item #C - Kiwanis Field Restroom Contract #2521,
#AB85-367; Item #D - Vacation of Street by Operation of Law,
#AB85-368; Item #E - Kennel Ownership Change, #AB85-369;
Item G - Application for Massage Parlor License: Pamela
Elwood - Internation Sauna and Yoong K. Saum - Palace Sauna,
#AB85-370.
M/S/C/U/(Drouin/Adrian) to approve Agenda Items #A, B, Cr D,
E, and #G.
Item #F - YMCA Concession Agreement - Proposed changes,
#AB85-080. City Attorney Bill Broughton explained that the
changes proposed were from the Regional Director of the
National Parks Services.
Councilman Bill Amo joined the meeting at 4:40 p.m.
Mr. Broughton continued stating that chan?/es are underlined
in the draft before Council and the most significant being
Section F, Page 7r addressing revenue generated will be used
solely for park and recreation purposes.
· M/S/C/U/(Sturdivant/Pachek) to approve Kitsap YMCA Conces-
sion Agreement as underlined and amended.
TAXI STAND - REQUEST FOR APPROVAL TO MOVE
Ms. McCluskey noted an item, not on the Consent Agenda, that
Council must either approve or deny. Mr. Hayes, Kitsap
Transit, stated the need to move the Taxi Stands in order to
facilitate better Ferry/Bus transfer than has been available
in the past. Kitsap Transit is requesting Council approval
to move the Taxi Stands from the South side of 1st Street to
the North side. Kitsap Transit would use the former Taxi
Stand area to load/unload passengers using the Washington
State Ferries.
Some concern was expressed by Councilmen regarding Noise/Air
pollution from the buses; increased traffic congestion;
personal vehicle load/unload being hampered, etc. Mr. Hayes
stated the buses would be shut off while awaiting ferry
passengers; felt the traffic problem would decrease because
private vehicles would load on Washington and that better
service would be provided the higher percentage of
passengers. Councilman Horning felt that this method could
be tried for 3 months and if not affective be changed back
to the present system. Also of concern was the fact that
many foot passengers will be inconvenienced carrying
packages and luggage.
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#0802
#0822
Mr. Bert Gegner, 934 Washington, was opposed to the change.
· M/S/C/(Horning/Pachek) to approve the movement of the Taxi
Stands to the North side of 1st Street, allowing Kitsap
Transit the South side for load/unloading of passengers with
a monthly report submitted to Council.
VOTE: In Favor: Horning, Pachek, Anderson, Drouin
Adrian
Opposed: Sturdivant & Amo
Motion PASSED
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/Pachek) on August 28, 1985, the Council, by
a unanimous vote, does approve for payment those vouchers
included in the above list for payment of Wastewater
Facilities Construction Projection the total amount of
$319,024.77.
· M/S/C/U/(Drouin/Adrian) on August 28, 1985, the Council, by
a unanimous vote, does approve for payment those vouchers
included and further described as follows: voucher numbers
#14357 - #14505, in the total amount of $45,836.31, and
#14195 - #14197, in the total amount of $35,812.16, Special
Warrants, and Gross Payroll in the total amount of
$331,456.23.
PUBLIC RECOGNITION - Non
MAYOR REPORT
Mayor Dawkins presented Proclamation #1 - designating the
month of September, 1985, at "Return of American MIA Month"
and Ms. Mary Raibley was present to receive the Proclamation
on behalf of Mr. Gino Cassanova, unable to be present. Ms.
Raibley stated there are still 61 from the State of
Washington unaccounted for.
Mayor Dawkins reported on the Wycoff Post Office parking
problem, stating he again talked with the Postmaster who
stated that the Main Station cannot access the handicapped
which many of the Food Stamps recipients do have handicaps
of one type. He reported that the Dumpster has been moved
by a sidewalk vendor at State Street Naval Gate and should
soon have a permanent place.
ATTORNEY'S REPORT
Attorney Bill Broughton gave a short report thanking Mr.
Frank Shiers, Special Investigator Scott O'Neill and
Attorney John Michell, who came into the case only three
weeks before it commenced to represent the City, for their
commitment during the investigation/Civil Service Hearings
recently finished regarding the Christensen Hearing.
COUNCIL MEMBER REPORTS
Councilman Drouin stated he has looked into complaints of an
odor problem with the new Wastewater facilities and cannot
find a problem. He reminded Councilmen that the Official
Dedication of the new treatment plant will be held Friday,
September 6, 1985, at 1:30 p.m. Ms. Andrea Davy - Director
of Department of Ecology will be main speaker with
refreshments to be served.
Council President Anderson reminded Councilmen that next
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Councilman Drouin inquired where the 2% Alcohol tax is
allocated with Ms. McCluskey stating that the County
distributes back to KCCA.
Councilman Adrian noted that the City has 15% fewer dollars
to work with for FY86 therefore, unfortunately some programs
were cut or deleted this year during the hearings.
Discussion followed regarding a request from the Bremerton
Fire Department/Fire Prevention Bureau to allocate $3,550.00
from Block Grant money to smoke detection equipment in low-
income homes.
#2253
· M/S/C/(Amo/Drouin) to approve the transfer of $3,550.00 from
account #85-011 to account #85-005, increasing the Smoke
Detection account to $10,000.00.
VOTE: In Favor: Pachek, Drouin, Amo, Adrian & Johnson
Opposed: Anderson Sturdivant &Horning.
Motion PASSED.
#2437
· M/S/C/U/(Adrian/Horning) that Council adopt the Council ap-
proved program.
#2462 ·
M/S/C/U/(Adrian/Pachek) to authorize the Mayor to submit
formal application to HUD for the approved 1985 CDBG
program.
#2472 · M/S/C/U/(Adrian/Johnson) that Council approve the Block
Grant contracting documents.
#2492 · M/S/C/U/(Adrian/Horning) that Mayor contract with subgrant-
ees for the dollar amount and scope of work approved by
Council.
Recessed at 5:50 p.m.; Reconvened at 6:00 p.m.
APPEAL OF PLANNING COMMISSION DECISION - SPECIAL USE PERMIT
LIBERTY MIDDLE SCHOOL; BREMERTON SCHOOL DISTRICT, #AB85-376
Council President Anderson asked the "Conflict of Interest"
question with all Councilmen remaining seated for the
Hearing. Councilman Adrian asked for a City Attorney's
opinion that since he has children in District 100-C, would
this be a conflict of interest. City Attorney Broughton
stated no.
Planning Director Don Pratt gave a short overview of the
issues leading to the appeal by Mr. Jack Roberts. He stated
the Council must decide on only two issues; A. that the
placement of the portable classrooms is not detrimental to
the area, and B. that every effort is addressed to protect
the surrounding properties. He stated that information
furnished the Council is the same as the information heard
by the Planning Commission who recommended unanimously to
approve the Special Use Permit to allow placement of
relocatable classrooms at Liberty School school site.
Further Mr. Pratt stated that the Council would need to
decide whether the Planning Commission acted correctly, in
it's decision and Council has three options; (1) Council
authorized to overrule the Planning Commission; (2) Can
alter the requirements to protect the surrounding property,
and (3) could choose to alter conditions of the Special Use
Permit. Mr. Pratt stated it will take a 2/3rds vote (6) to
pass.
Mr. Larry McMillan, Superintendent of Bremerton School
District 100-C, was present for questions from Council.
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week will be the return
commencing at 5:30 p.m.
to "Winter" Council hours,
#1271
PROFESSIONAL SERVICES AGREEMENT YEASTING AND ASSOCIATES,
#AB85-371
Staff and Council Wastewater and Fiscal & Budget Committees
have tentatively have determined it appears to be in the
City's best interest to proceed with refunding the
outstanding water/wastewater revenue bonds. It also is in
the City's best interest to obtain the service of an
independent Financial Consultant to oversee the process to
assure that the best possible result is accomplished,.
Yeasting and Associates have been selected and have agreed
to represent the City in this matter. A copy was provided
Council of their letter of understanding. No fees will be
paid if the City, at a later date, decides to cease the
process. It is recommended that Council approve.
· M/S/C/U/(Adrian/Drouin) to approve a Professional Services
Agreement with Yeasting & Associates to oversee refunding
the outstanding water/wastewater revenue bonds. Councilman
Drouin thought it was a wise decision to contract this
service which needs a special expertise.
2ND YEAR APPLICATION FOR PROJECT SELF-SUFFICIENCY, #AB85-372
The City of Bremerton in cooperation with Kitsap County,
Kitsap Public Housing Authority and Bremerton Housing
Authority cosponsored this project last year. The project
helps single-parent families by bringing them into the
economic mainstream by combining housing, child care,
counseling, job training and placement. The project is
operated by Women In Transition (WIT) and Section 8
certificates are administered by the two Housing
authorities. It is recommended approval by Staff for
Council approval.
#1407 · M/S/C/(Amo/Drouin) to approve authorizing Mayor Dawkins to
submit 2nd year application for Project Self-Sufficiency.
VOTE: In favor: Sturdivant, Horning, Pachek, Anderson,
Drouin and Amo
Abstain: Adrian*
Motion PASSED.
*Mr. Adrian went on record to abstain because he indicated
he has a contract with HUD for Section 8 Block Grant Funds.
Councilman Russ Johnson joined the meeting at 5:25 p.m.
APPROVAL OF THE 1985 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, #AB85-373
Federal regulations require that final action on the
jurisdictions proposed community development program be made
after citizens have had an opportunity to respond to
proposed usage of Community Development Block Grant Funds.
A public hearing was held August 22, 1985. The Mayor has
proposed allocating these funds to projects listed in the
mayor's 1985 Proposal.
Ms. Elizabeth Buell, 1719 High Avenue, Representative of
KCCA Board for Detox expressed disappointment because the
KCCA Director did not submit the paperwork timely. She
asked any consideration that could be given to the program
would be appreciated. Mr Fabra', Community Development
Coordinator stated that KCCA was applying for equipment
which is not eligible for Block Grant money.
Mr. Ralph Spears, Also spoke on the Drug/Alcohol problems
with todays society, stating it is a community
responsibility to fund those who are trying to help
themselves.
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Mr. Dave Hanna gave a review of Planning Commission
Resolution #758 whereby the Commission granted the Special
Use Permit, on file in the Planning Department. He
indicated that traffic flows to the area would be increase
and possibly the lighting may need adjustment due to the
hours of loading/unloading of students. He explained that
there will be a special bus-loading staging area which
should decrease some of the traffic load for smoother
operation.
TAPE 279 Mr. Jack Roberts, 2859 Hemlock, Appellant, gave a brief pre-
sentation why he filed the appeal. He attempted to enter
into evidence enrollment statistics which were ruled out of
order by Council President Anderson, as not pertaining to
the issue to be decided. He took issue at the increase in
traffic, poor lighting (if improved would alter residential
area), noise pollution in residential area with 50% increase
in loading/unloading of students, etc. He felt if it was a
land developer attempting to put modular/mobile type
structures in the neighborhood, Council would object,
therefore they are bending the rules for the school
district.
Ms. Jeanne Jackson, 603 No. Constitution, was opposed to
portable classrooms.
Mr. Roberts furnished, upon request from Council Amo,
pictures of the portable classrooms purchased for the site.
Mr. Hanna, Planner stated there was no objection to the
permit by those surrounding neighbors who were notified of
the original hearing before the Planning Commission. City
Attorney Broughton noted that the two photos should be
marked exhibits #1 and #2 as entered into evidence.
Discussion continued with similar issued noted.
#0924 · M/S/C/U/(Amo/Johnson) That the City Council uphold the Plan-
Commission decision recommending approval of a Special Use
Permit application for three years for the following
described property: Liberty Middle School, Perry Avenue
adopted by reference with the following conditions:
1. Approve clustering layout per Proposal 2.
2. Parking must meet existing codes.
3. Buildings must meet fire and building codes
4. Water & sanitary sewer service must be provided
as necessary.
5. That the lighting be reviewed by the City Engineer
and if more lighting is needed, the cost be born
by the School District.
REQUEST FOR REZONE FROM R-2 TO B-3; 5640 KITSAP WAY (BAYVIEW
INN), RAINIER NATIONAL BANK, #AB85-375
Council President Anderson asked the "conflict" question
with the Council all remaining seated. Councilman Horning
noted that he owns property approximately 500' from the
subject site, however he felt it would have no economic
impact. City Attorney Broughton stated he could remain
seated.
Planning Commission voted Unanimously to approve a request
from Rainier National Bank to rezone from R-2 to B-3,
property located at 5640 Kitsap Way (Bayview Inn) in order
to bring the total building under one zoning title. Part of
the property requested to be rezoned in on the City's right-
of-way and partly on the greenbelt.
Dave Hanna, Planner, presented Mr. Larry Brown, developer
for the site and Mr. Warren DeHeim, Attorney for Rainier
Bank who were present for Council's questions. Mr. Brown
spoke of the history of problems with the original
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occupancy, etc. and stated that half the property is on R-2
and part on B-3, therefore the request is to bring all the
parcel under the same zone, B-3. Mr. DeHeim, 1204 E. 107th
Street, Tacoma, Attorney, stated that Rainier Bank paid the
City for the ordinance vacating the property and that the
fezone will cover the property vacated and smaller parcel.
Ms. McCluskey, read into the record, a response from Mr. and
Mrs. Wilber Jesse, 1309 Crawford Drive, who stated no
objections to the rezone as long as no other rezones are not
planned for the Crawford Drive area. Councilman Johnson was
concerned that some time in the future another investor
could purchase the hotel complex and cut the trees on the
greenbelt, which he objected to. Mr. Brown stated they
would be willing to state, in writing, maintenance of the
greenbelt. Several Councilmen stated support for the rezone
but not for the greenbelt provision and asked Council to
vote this motion down and accept a new motion.
· M/S/C/U/(Johnson/Drouin to approve rezone from R-2 to B-3,
parcel located at 5640 Kitsap Way, Rainier National Bank
(Bayview Inn), subject to an agreement on greenbelt
maintenance on property.
VOTE: In Favor: Pachek, Anderson, Drouin, Adrian,
Johnson
Opposed: Sturdivant, Horning& Amo
Motion PASSED.
ORDINANCE #3972 (2ND READING) AMEND CITY OF BREMERTON ZONING
ORDINANCE WITH THE ADDITION OF A PLANNED UNIT DEVELOPMENT
CHAPTER, #AB85-258
Mr. Don Pratt, Planning Director, was requested to give a
short history of the Planned Unit Development Ordinance and
he noted that the only real change of signficance was
specifically reducing the number of units per PUD from 9 -
5. He stated this would actually discourage developers from
using the PUD in R-1 zones, however, it would protect the
residential/rural type area that has concerned several
Councilmen.
M/S/C/U/(Horning/Amo) to approve as written Ordinance 3972,
amending Ordinance No. 1792 relating to land use and zoning
by adding chapter VIII to Title II to provide for the
creation of Planned Unit Developments, and limiting R-1
Planned Unit Developments to 5 Units per acre.
PRESS RELEASE
Mayor Dawkins noted that effective immediately there is a
"Mandatory" water use restriction which eliminates the use
of water for watering lawns and washing cars. There will be
personnel from the Water, Police and other departments
notifying citizens in the field, issuing warnings and
possibly citations if not obeyed. There is a possibility of
fees and jail for failure to comply. Mayor Dawkins stated
an official release will be issued to the media in the
morning.
With no further business, meeting adjourned at 7:21 p.m.
KATHLEEN L. MCCLUSKEY, City C
City of Bremerton
APPROVED:
ART ANDERSON, President
Cit~ Council