HomeMy WebLinkAbout01/23/85 TAPE #212 UN~PPROVED DRAFT
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CITY COUNCIL MEETING MINUTES ~~
January 83, 1985
The regular meeting o~ the City Council of the City o~
8remerton was held in the Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday January 23, 1985, at 5:30
p.m. with Council President Art Anderson presiding. Present
were Councilmen Bill Amo, Jim Adrian, Russ Johnson, Spencer
Homing, Roy Mosely, Clyde Pachek, and E. L. Sturdivant.
Also present were Mayor Morrie Dawkins, City Attorney Bill
Broughton, and City Clerk Kathleen McCluskey. Absent was
Councilman Phil Drouin.
The meeting was opened with the Pledge o~ Allegiance, led by
President Anderson with Councilman Sturdivant giving the
Invocation.
CLAIMS/WARRANT REGISTER, #A885-034
Ms. McCluskey presented Special Warrants, #8784 - 8785 in
the amount o¢ $6,265.66 and Regular. Warrants, #8791 - 9008
in the amount o¢ $102,498.96, audited and certified by
Darlene Herrmann as required by RCW 42.24.090, and recorded
on listings made available to the City Council.
0011 o M/SIClU/(Sturdivant/Adr an) to approve warrants as
presented.
MAYOR'S REPORT
Mayor Dawkins presented the o~icial 1985 Budget to each o¢
the Councilmen indicating additional copies are available
cur those interested. He noted that the divisions are
separated by the darker orange hard copy which lists both
the organizational structure and the Goals & Objectives of
each department. Councilman Anderson inquired i~ the
Councilmen could review a more detailed copy which Mayor
Oawkins stated is available in the Treasurer's o¢~ice.
1"he Mayor introduced a Government class attending the
Council meeting this evening.
The Mayor noted that three groups, the YWCA Alive Program,
the O~icer's WiCe Club and the Kitsap Rape Response, were
recognized ~or their community service by the d. C. Penny
Company.
Councilman Sturdivant expressed concern to the Mayor. over a
series o~ articles appearing in the 8remerton Sun,
specifically the articles on the junk cars and no
en¢orceability. He complained that the article stated City
Hall excused the situation because o~ lack of man-power.
Mayor Oawkins responded stated that the Building department
is short handed because of the hiring ~reeze and 50% down on
man-power. He stated that currently boats, motor homes,
etc. on City streets are required to, move every 24
hours. This will be difficult to enforce. Councilman Pachek
stated he thought there is ample time to en¢orce.
Councilman Johnson continued to seek answers regarding the
Street lights signalization and why some of the lights are
off even though we continue to pay cur them through Puget
Power. Mayor Oawkins responded that we did not turn them
o~f with Court Prisk in agreement. Mayor Dawkins also noted
that lights at Kitsap & Wheaton Way are coordinated during
morning and evening peak hours. Councilman Johnson also
expressed concern over the article in the paper regarding
~erry service to the Bremerton area and Bremerton to
Seattle. Council President Anderson asked i¢ the Council
~ill dract letter to Mr. Barentson, o¢ the State
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 2 of 10
Officials are 1,000% in favor of improving the Ferry system
and terminal.
Councilman Mosely expressed concern about the articles
appearing in the Bremerton Sun, specifically the article
whereby the Building Official immediately tagged the
Westpark Police office one day after the Zoning Text
Amendment did not pass Council Action. He felt there were
other buildings, specifically new construction off the
Manette Bridge that needed direct attention and the
contractor has been contacting him asking for personnel from
the Building department to inspect the construction, as it
is holding up progress.
PUBLIC RECOGNITION
Ms. Lena Swanson, 2123 Snyder Avenue, invited the City
Council to a TownHall Meeting, scheduled for February 5,
1985, at the
Great Northwest Building. She stated that review of the
November 1984, recommendations will be done. Ms. Swanson
also inquired as to when the Council would begin having
Study Sessions in the Council Chambers so all can attend
(public). Mr. Anderson stated that after next week's
meeting, being held at the Senior Citizens Center at 13th &
Nipsic, Council will begin to hold Study Session in Chambers
as requested.
CITY ATTORNEY'S REPORT
City Attorney Bill Broughton asked if the Council wanted him
to draft a Resolution in support of a new Ferry Terminal.
Council President Anderson stated yes. Mr Broughton said he
will have it prepared for the January 30, 1985, Council
meeting.
Mr. Broughton continued his report stating the City of
Bremerton handled 3 times the number of criminal filings
than the County and explained that the trial process is
expensive, time consuming, etc. He suggested that the City
should look at a fair share of restitution monies mostly
tendered to the County and the State. He said the City
should organize a position and lobby through the State while
it is in Legislative Session.
COUNCIL MEMBERS REPORT
Councilman Johnson, reported that negotiations with
Nationwide Cablevision are progressing with a meeting
scheduled for next Tuesday, January 29, 1985, at 5:00 p.m.
Councilman Horning, noted that there will be a general Study
Session on Local Government Economic Work Session at the
Cascade Natural Gas Building starting at 6:00 pm.
Councilman Pachek, stated there will be a meeting of the
Wastewater Treatment Facilities Construction Project on
Thursday, January 24, 1985 at 9:30 a.m.
Councilman Anderson, discussed Grant money that both Seattle
and Tacoma may receive for their secondary sewage treatment
projects similar to the City of Bremerton. He suggested
that the Council keep in mind that if money is available to
offset the costs of our nearly completed facility, we should
plan a meeting with our representatives to see what can be
done.
Councilman Adrian, agreed that a coalition should be formed
to promote a new ferry terminal facility and actively appear
in Olympia.
Councilman Johnson, stated several areas the Budget &
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 3 of 10
Finance Committee is working on to include; (1) meeting with
Administration regarding the resolution of the City Audit;
(2) Working on Investment policies; (3) Working on a Budget
Preparation Manual; (4) A work plan for yearly tasks; (5)
City Financial Policy & Procedure Manual and, (6) a Capital
Assets Program and the 1985 Legislative Intent meeting.
Recessed at 6:20 pm, reconvened at 6:30 pm for Hearings.
REQUEST FOR REZONE R5-MH (COUNTY) TO MANUFACTURING/SEATTLE
REALTY, #AB85-052
Ms. McCluskey presented a request for Rezone R5-MH (County)
to manufacturing. Rezone to be effective upon annexation
for property located at 4808 Rodgers Street & 216 Western
Avenue by Seattle Realty. Planning Commission Resolution
#738 recommended approval with conditions, 5 for and 1
opposed. The Planning Commission report notes that since
the subject site is in the County, and subject to an
annexation request, it is not to be a issue in the decision.
Mr. Bob Duffy, Planner, presented the Staff report. He
stated that access to subject site would be from Rodgers or
Western. The subject site is adjacent to Council District
No. 9, Kitsap Lake Neighborhood Plan (unadopted). He said
the State Environmental Policy Act (SEPA) stated a
Declaration of non-significance issued October 3, 1984. He
stated that the recommended zoning map by the Kitsap
Neighborhood for that area is manufacturing, however, a 25
foot evergreen screening belt should be required between
industrial and residential housing due to environmental
impacts of noise and unsightliness. Mr. Duffy continued
by outlining the 6 items listed under Conclusions.
Therefore, the Planning Commission recommended approval of
this Rezone Application to Manufacturing, effective upon
annexation for the subject site but listed recommended
conditions as found on page 23 of 23, Resolution #738.
Councilman Anderson asked why the Council was being asked to
hear a request on property not even in the City. City
Attorney Bill Broughton stated that there is a Statutory
Provision that the City could consider a pre-annexation
zoning request. Council should review without
jurisdictional bias, but rather whether this is the best use
for the property in question. Mr. Broughton further said
that the Council could legally refuse to hear the request
for rezone.
Mr. Duffy concluded his report with a slide presentation.
Mr. Bill Schourup, presented for Council copies of his
testimony regarding the subject site and the basis for the
rezone request, prior to annexation. He stated he was
encourage after talking to Planning Director, Joe Gero, and
decided to attempt the rezone with annexation into the City
should rezone be approved. He stated he has other
properties and may eventually annex all of it. His client,
Honeywell, proposes to move from their existing facilities
to those proposed on the subject site.
Mr. Roy McGinnes, 2711 Maple Street, stated he owned a small
piece of property and feels, like other property owners in
this area that there is already problems with drainage and
new construction or industrialization is going to compound
the existing problems with water run-off.
Mr. Jim Straight, 6530 Harlow (Pres. of Kitsap Lake
Neighborhood) was also concerned about any drainage problem
but not opposed or in favor of granting the request for
rezone.
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 4 of 10
Ms. Wilson, 1334 Rainier, stated she use to live in the
subject area and felt that any good areas, habited by
Blacks, usually get run over with industry or development of
one type or another. She was concerned with the water run-
off problem and felt if the proposed buffer zone was
installed it would only cause worse problems by trapping the
water. Mr. Schourup responded stating his firm would take
care of both exiting and future anticipated problems if
request approved. Further at the time they would apply for
a building permit, certain conditions would be mandatory.
Doctor Donald Proctor noted that he would object if the
subject property was not on storm sewers because it takes
money to treat the runoff and that is the basis for his
objection.
Councilman Adrian stated he had no problem with the rezone
request as long as the retention systems were cleaned out.
2683 · M/S/C/(Adrian/Horning) to approve the request for rezone for
property located at 4808 Rogers Street & 216 Western Street
with the following conditions:
1. PUBLIC FACILITIES:
a. Right of way dedication and roadway facilities as
specified the the City Engineer.
b. Fire hydrants and/or other fire safety facilities as
specified by the Fire department.
c. Wastewater facility improvements to and on the subject
site related to the development of the subject site as
specified by the City Engineer.
2. SEPA (State Environmental Policy Act); RCW 43.21C, WAC
197-10, Bremerton Ordinance 3306:
a. Provide a twenty-five (25) foot buffer zone adjacent to
all residential zones.
Councilman Mosely, stated he wasn't against manufacturing
however did not like methodology and felt this procedure
will set a pattern.
VOTE:
In favor: Sturdivant, Horning, Pachek, Anderson, Johnson,
Amo and Adrian.
Abstain; Mosely.
Motion PASSED.
PSNS ANNEXATION, #AB85-015
Ms. McCluskey presented a request by Petition, for
Annexation which was delivered to the City of Bremerton,
signed by the Command of the Puget Sound Naval Shipyard and
the Puget Sound Supply Center. The Petition has also been
signed by other affected property owners desiring to re-
annex the area described in the Petition into the City of
Bremerton. Also enclosed is a Memorandum of Understanding
between the City of Bremerton and Puget Sound Naval Shipyard
The Petition was accepted by the City Council on January 9,
1985 with Petition being forwarded to the Navy. The purpose
of the hearing this evening was for Public input and
testimony in favor or opposed.
Mr. Mike Aresser,County Assessor's Office, inquired as to
whether the City will assist in collecting taxes with City
Attorney Bill Broughton stating no. Cities and Counties
have their own responsibility to collect those applicable.
Mr. Bert Gegner, 934 Washington Avenue, asked how the City
can enforce the tax collection of businesses doing work on
Federal installations with Mr. Broughton responding that the
City will have the right to issue citations, requiring an
appearance in court.
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 5 of 10
Ms.Lena Swanson, congratulated the City for the success of
the proposed PSNS annexation but expressed concern whether
the sewer and water rates were included as far a taxable as
utilities. She was assured that they were.
Councilman Adrian, asked if this annexation would include
taxing Westpark and Eastpark, which Mr. Broughton responded
that these areas in question were annexed several years ago.
Councilman Amo asked if the zone would be R-1 with Mr.
Broughton responding the area is not zone designated.
TAPE #210
0107 · M/S/C/U/(Adrian/Pachek) to approve the Petition for
Annexation of PSNS, annexing said Federal installation in
the City of Bremerton for purposes of tax collection of
goods and services for the Naval installation.
DELEGATION OF ADMINISTRATIVE AUTHORITY TO PERSONNEL
DIRECTOR, #AB85-037
Ms. McCluskey presented a request from the City Attorney's
office for approval of a rule change to the Civil Services
Rules and Regulations. The Rule would delegate the
authority to make Civil Service decisions to the Secretary
to Civil Service/Personnel Director subject to an employee's
right of appeal to the Civil Service Commission. She noted
that at the end of 6 months the Rule change will again be
before Council because of a "Sunset Clause" which requires
mandatory review and Council and Civil Service Commission
readoption if desired. The purpose of the rule change is
the time lag between decisions. Certain things were
retained with the Civil Service Commission such as layoffs,
protesting testing scores, etc. as shown in text of the Rule
before Council for approval.
Council President Anderson was concerned that there was a
late change in the document and was not in favor of
considering anything without the same final draft before
each Councilman.
Councilman Sturdivant, was in agreement that the draft was
well written. Mr. Hiestand assured Council that the Unions
and departments played an important role in the draft and
that all will be watching his performance and execution of
the Rule and could choose to rescind at the end of the
"Sunset" clause.
Ms. Lena Swanson was concerned that the employees would
support such a rule and place so much power in one
individual, however she did say her views were not a
reflection on Mr. Hiestand's performance or abilities.
0672 · M/S/(Mosely/Anderson) to delay consideration for one week a
Rule Change Delegating the administrative authority to the
Secretary of the Commission/Personnel Director, because of
the change in the original draft, available for only an
hour.
VOTE;
In Favor: Mosely & Anderson
Opposed: Sturdivant, Horning, Pachek, Amo, Adrian &
Johnson
Motion FAILED for lack of majority.
0687 · M/S/C(Adrian/Amo) to approve the Civil Service Rule Change,
Delegating the Administrative Authority to the Secretary of
the Commission/Personnel Director, with a 6 month "Sunset"
clause for review/expiration date of August, 1985, following
the August Civil Service Commission meeting unless readopted
by the Commission and reapproved by the City Council.
VOTE:
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 6 of 10
In Favor: Sturdivant, Horning, Pachek, Anderson, Amo,
Adrian and Johnson.
Abstain: Mosely.
Motion PASSED
COMPREHENSIVE PARK AND OPEN SPACE PLAN, #AB84-612 The
Park's Management Staff and the Director of Field Services
gave an in depth review of the current Comprehensive Park
and Open Space Plan and this resulted in an extensive
rewrite and prioritization of the needs, and this has been
reviewed by the Park's Commission, with unanimous approval.
With Council approval of the Comprehensive Plan, it will
meet the Parks portion of the Community Development
rationale required by the HUD Block Grant process and
provide the basis for budgeting and facilities planning.
Mr. Court Prisk, Field Services Director, stated that all
Council was asked to do is approve the Comprehensive
Parks/Open Space Plan, no money involved.
Councilman Johnson expressed concern at the mention of
altering NAD Park in any way. To do so would mean
blacktopping, etc. and the neighborhood is totally against
such a plan, especially any consideration of establishing a
R.V. park at the site. Councilman Adrian asked how many
years before removing asbestos at Kiwanis with Mr. Prisk
stating some of the programs may be grant eligible. It was
suggested that Steven's Canyon be considered for an R.V.
Park. Councilman Amo questioned why the renovation of
Roosevelt Park was completely the City's responsibility with
Councilman Sturdivant stating that the College mainly uses
the Parking area, not the Park area.
1300 · M/S/(Sturdivant/Pachek) to approve the Comprehensive Park
and Open Space Plan as presented.
1450 · M/A/S/(Johnson/Amo) to amend the previous motion, deleting
any reference to an R.V. Park in NAD Park.
VOTE:
In Favor; Mosely, Amo, Adrian & Johnson
Opposed; Sturdivant, Pachek, & Anderson
Abstain; Horning
~ Motion FAILED for lack of majority
Councilman Horning requested reconsideration of the vote,
calling for the question for revote.
VOTE:
In Favor; Horning, Adrian, Amo & Johnson
Opposed; Sturdivant, Pachek, Anderson & Mosely
Motion FAILED for lack of majority
Motion by Russ Johnson to delete Conference area at NAD
Park.
Motion was not seconded.
VOTE: (ORIGINAL MOTION)
In favor; Sturdivant, Anderson, Pachek, Horning,& Mosely
Opposed; Amo, Adrian & Johnson
Motion PASSED
RADIO SITE LEASE AGREEMENT, #AB85-035
Ms. McCluskey presented an Agenda Bill from Support
Services/Electronics division, requesting the Council to
approve a 5-year lease agreement between the City of
Bremerton and Feek's Business Communications for site and
tower space at the City's tower site at E. 30th & Olympus.
Ms. McCtuskey stated the proposed Lease will be review by
the City's Risk Manager.
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 7 of 10
Councilman Adrian inquired as to why it was not routed
through Bill Duffy, Supt. of Water Utility with Mr. Dave
Patmon, Support Services Supervisor, stating that it
probably should be. Mr Patmon stated that the monthly
charge will be $160.00 however we are not providing
services, etc. as they are already in place at the site.
1911 · M/S/C/U/(Pachek/Sturdivant) to approve a 5-Year Lease
Agreement between the City of Bremerton and Feek's Business
Communications for site and tower space at E. 30th & Olympus
at a monthly charge of $160.00 and Leasehold Tax, if
applicable.
KITSAP RAPE RESPONSE CONTRACT, #AB85-038
Ms. McCluskey presented a request from the Planning
Department/Block Grant Division, for Council to approve the
1985 Contract for the Kitsap Rape Response Program. Mr.
Donald Pratt, Community Block Grant Coordinator, was
available for Council questions.
2102 · M/S/C/U/(Adrian/Sturdivant) to approve the 1985 working
Contract for the Kitsap Rape Response, expended 1984
Community Development Block Grant Funds as directed by
Council in August, 1984.
AGREEMENT FOR SLUDGE DEWATERING AND FINAL DISPOSAL, #AB85-
039
Ms. McCluskey presented a request from the Wastewater
Facilities Construction Project, submitted by Dave Baker, to
approve an Agreement for Sludge Dewatering and Final
Disposal. This Agreement is for interim disposal of the
sludges produced by the Bremerton Wastewater Treatment
Facilities, at the Central Kitsap County Wastewater
Treatment Facility.
Discussion followed with Mr. Baker stressing the importance
of the Agreement and stating, at present, we have no place
to dispose of sludge and this Agreement will be the most
economically feasible method of disposal. Next site that
was available was in Chehalis at a larger cost factor for
the City. Councilman Adrian was uncomfortable with the 15
day cancellation period in the Agreement however, Doctor
Donald Proctor, Wastewater Superintendent, stated the 15
days clause is irrelevant when the City is in the position
of -0- days. Applicable billing methods by the County were
discussed but Staff felt it was the best Agreement the City
could negotiated at such short notice.
2445 · M/S/C/(Pachek/Adrian) to approve Agreement between the City
of Bremerton and Kitsap County for Sludge Dewatering and
Final Disposal, at the Central Kitsap County Wastewater
Treatment Facility.
VOTE:
In favor; Sturdivant, Horning, Pachek, Mosely, Anderson,
Amo & Adrian.
Abstain; Johnson
Motion PASSED
ORDINANCE #3947, CREATING DEPARTMENT OF ADMINISTRATIVE
SERVICES (SECOND READING), #AB85-031
2655 · M/S/C/(Adrian/Amo) to approve Ordinance #3947, second
reading, setting forth the office of Directorate of
Administrative Services and the City departments composed
thereof.
VOTE:
In Favor; Sturdivant, Horning, Pachek,Anderson,Amo Adrian,
and Johnson.
Abstain Mosely
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 8 of 10
ORDINANCE (FIRST READING), LIM REZONE, R-1 TO B-2, LOCATED
AT 3029 WHEATON WAY, #AB85-040
City Clerk McCluskey presented, for Council approval and
first reading, an Ordinance with no special conditions and
omitting the six foot (6') setback condition per attached
memo from the City Attorney. Assistant City Attorney Jane
Koler noted that the City Engineer pointed out that
compliance with relevant Federal regulations would require
the City to compensate the applicant for this property,
therefore the condition (6' setback) imposed by Council when
rezone approved at the November 7, 1984, meeting has been
deleted from the ordinance text.
City Attorney Bill Broughton reminded the Council that the
original purpose of the Setback was for future street
widening and he clarified questions from the Council as to
why the ordinance had to delete the condition.
3179 ® M/S/C/(Horning/Johnson) to approve Ordinance, first reading,
amending the use and area maps of Ordinance 1792 upon
application of rezone from R-1 to B-2 and subject to various
requirements and other applicable laws and regulations.
(Mun Kue Lim).
VOTE:
In Favor: Sturdivant, Horning, Pachek, Anderson, Amo,
Adrian & Johnson.
Abstain; Mosely.
Motion PASSED.
ORDINANCE (FIRST READING), ENGLISH REZONE, R-1 TO B-2,
#AB85-041, 3009 Wheaton Way
Ms. McCluskey presented an Ordinance, first reading,
submitting by the Planning department on behalf of Delmer &
Linda English, rezone applicants. Again it was noted that
the six foot (6') setback condition has been omitted because
of the example stated in the aforementioned "LIM" Rezone.
3201 · M/S/C/(Horning/Pachek) to approve Ordinance, first reading,
amending the use and area maps of Ordinance 1792 upon
application of rezone from R-2 to B-2 and subject to various
requirements and other applicable laws and regulations
(Delmer and Linda English.
VOTE:
In favor: Sturdivant, Horning, Pachek, Anderson, Amo,
Adrian & Johnson.
Abstain: Mosely
Motion PASSED
Council asked that these Ordinances be returned in two weeks
with a Concomitant Zoning Agreement.
KING CONDEMNATION, (FIRST READING), #AB85-040
3260 · M/S/C/U(Sturdivant/Adrian) to table the proposed first
reading of an ordinance declaring the need for condemnation
of a parcel of land in and through certain real property for
the purpose of constructing a public right-of-way for the
City of Bremerton.
City Council Reg. Mtg. Minutes UNAPPROVED DRAFT
January 23, 1985
Page 9 of 10
VOTE:
In favor: Sturdivant, Homing, Pachek, Anderson, Amo,
Adrian & Johnson,.
Mosely (left meeting)
With no further business meeting adjourned at 7:30 p.m.
KATHLEEN L. MCCLUSKEY, City Clerk
Director of Administrative Services
City of Bremerton
APPROVED:
ART ANDERSON, President
City Council
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