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HomeMy WebLinkAbout12/30/92CITY COUNCIL MEETING MINUTES DECEMBER 30 , 1992 #0034 #0051 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, December 30, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Hank Waibel, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilman Lon Overson was absent. Also present were City Attorney, Ian Sievers and City Clerk, Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend Gary Fogelquest of the Seventh Day Adventist Church. CONSENT AGENDA A. Bid Award Recommendation - Ductile Iron Pipe Awarded To U.S. Pipe & Foundry Per Unit Prices Stated #AB92-320 B. Bid Award Recommendation - Gorst Production Well #AB92-321 Awarded To Burt Well Drilling At A Cost Of $43,180.37 M/S/C/U(Waibel/Fitz) to approve Consent Agenda as presented. 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 that had been made available to the Council. M/S/C/U(Colvin/Dawkins) on December 30, 1992, the Council does approve for payment those vouchers included and further described as follows: 162355 through 162357, 162359, 162495 through 162569 in the total amount of $427,950.22; and Retirees' Payroll for the period ending 12-31-92 in the amount of $91,533.07. COUNCIL MEMBER REPORTS Mr. Neville encouraged everyone to pick up the Winter Program for the Parks and Recreation Department. He cautioned everyone about drinking and driving over the coming holiday. He emphasized cab fare was a lot less expensive than a DWI ticket. TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 2 of 12 Mrs. Fits stated she hoped everyone had a nice Christmas holiday and that the new year brings the wishes and prosperity to the City. She also cautioned everyone to "drive carefully". Mr. Waibel stated he hoped everyone had as good a Christmas as he experienced and stressed please be careful on New Years Eve. Mr. Johnson encouraged those who choose to imbibe during the holidays that if they are asked to "not" drive to go along with that request. He was pleased that the Washington State University "Cougs" won their Bowl game and is rooting for the Huskies to win the Rose Bowl game. Mr. Colvin expressed how much he has enjoy this past year and the many accomplishment made, especially the boardwalk. He hoped in 1993 there would be a focus on neighborhoods that included sidewalks, potholes and getting junk vehicles off the street. He apologized to anyone he may have offended, unintentionally, during this past year. He was pleased that he had all of his children home for the holidays. He wished everyone a happy and prosperous New Year. Mr. Dawkins congratulated his neighbors on Callahan for their nice display of Christmas lights. He echoed Mr. Johnson's sentiments on the Bowl football outcome and wished everyone a "Happy New Year". Mr. Collins stated 1992 was a tremendous year, however, it did carry with it a lot of "baggage" which he would like to leave behind. However, he did want to carry forward thoughts and ideas generated in 1992. Personally, he has had a great year that included the arrival of a new granddaughter, good family and very happy with the way the world has treated "Tiny". But, from the standpoint of the City, we have done considerable towards improving the City for the citizens and he hoped this trend would continue. Mrs. Hotton stated she echoed sentiments of her fellow Council members and wished everyone a good and safe "New Year". PUBLIC RECOGNITION Mayor Louis Mentor stated 1992 has been a good and very interesting year. He was pleased to share the fact that he had received a number of compliments on how quickly and efficiently snow was removed from City streets. He will pass such comments on to the Street Department. He has been TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 3 of 12 hosting his sister and nieces from Jackson, Mississippi over the holidays as well as several other out-of-town family members. He wished everyone a "Happy New Year". President Horton reminded everyone that the Towing companies are sponsoring a "free ride" program for individuals who choose to drink but not drive over the holiday. Bi11Amo, 6625 Lake Drive, reported on a recent visit he made to Corpus Christi, Texas, where he visited a Naval Ship, the Lexington. That ship is moored on their waterfront and was opened approximately the same time as the Turner Joy. He noted the area where the ship is located is somewhat deteriorated, similar to Bremerton. During his visit, he walked to the main part of Corpus Christi along their waterfront, which was beautiful with wide grassy areas between lanes of traffic parallel to the waterfront and the location of several major hotels. As he proceeded one block farther towards the city, he encountered a city in worse shape than Bremerton has ever been. He noted Corpus Christi did develop their waterfront and do have tourist attractions and new hotels, but somewhere along the line the prosperity did not move into the community, nor help the local businesses. He assumed the residents of that city have experienced more traffic and less reward. He encouraged the City Council, in future decisions, to really think about how they will affect development and continued operation of Bremerton businesses. GordV Byrd, P.O. Box 930, reminded everyone to remember the less fortunate throughout the year, not just during the holidays. He announced Star Of The Sea Catholic Church is sponsoring a dinner for people who are less fortunate and in need on January 2, 2:00 - 6:00 PM. 6A - AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND TEAMSTERS, LOCAL 589, #AB92-322 The Civil Service Office has established three new classifications and changed the titles of two classifications. Building and Development Specialist II; Electrician I; and Journey-Level Electrician are all new classifications. Building and Development Specialist I replaces Permit Technician; Building Specialist replaces Building Inspector, Combination. Wage Grades for the new classifications and the new titles need to be added to the Labor Agreement with Teamsters Local 589. The attached Amendment has been agreed to between the Union and the City. Caroline Marshall, Personnel Director, emphasized this proposal was a routine amendment to the Labor Agreement, which #0513 TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 4 of 12 is necessary to add new classifications that are produced through the Civil Service System so that individuals eventually hired into those positions will have a salarygrade and benefits applied to their jobs. Public comment - none. Mr. Johnson noted Fiscal and Budget Committee reviewed this item and supported it as presented. M/S/C/(Johnson/Colvin) to approve the Amendment to Appendix A incorporated in Article 6 - WAGES of the Labor Agreement by and Between the City of Bremerton and Teamsters' Local 589 for the period January 1, 1992 through December 31, 1994 to add the classifications to Wage Grades included in the attached Amendment. Vote on motion: Motion carried. In Favor: Abstain: Neville, Fitz, Horton, Collins, Dawkins, Colvin, Johnson Waibel 6B - AUTHORIZATION TO CARRYOVER ACCRUED VACATION LEAVE, SGT. MICHAEL FULLER And 8GT. ROB FORBES/POLICE DEPARTMENT, #AB92- 323 Per the Police Officer Association Union Contract, I am requesting that my accrued vacation leave in the amount of 233 hours be carried over to 1993. Due to my being on Disability Leave since July of this year, I was unable to use it in the usual manner. SGT. Rob Forbes is requesting that 24 hours of Annual Leave be carried over to 1993. Public comment - none. Mr. Johnson noted both of these cases fall within the City's policy. Mr. Waibel pointed out for six months of the year Sgt. Fuller had opportunities for taking vacation and questioned how much had he taken during that time period? Police Chief McNeal stated he did not have that information at this time. He noted Sgt. Fuller is a 20-year employee and earns the maximum amount of annual leave. Mr. Colvin questioned if someone was on disability did they accumulate Annual Leave and Sick Leave? Chief McNeal stated yes. Mr. Co111ns questioned if there was a system of scheduling #0577 TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 5 of 12 leave that requires each individual to schedule out their leave over the year or is it a hit and miss situation? Chief McNeal stated it was more "hit and miss" situation under his operations. He encourages his employees to schedule out leave, which allows him to do better planning for manning shifts, but there is nothing in the labor contract that requires that kind of scheduling. During the last negotiation process, they did look at putting in some language addressing that issue, but rather than getting into a long dispute over the contract they did not follow through on that issue. Mr. Oollins questioned if Sgt. Fuller used 233 hours now would he be down to "o" leave balance or would he be down to the maximum of 240 hours of carryover? Chief McNeal stated he did not have that specific information, however, in 1993 Sgt. ~uller will again gain the maximum amount of Annual Leave. Mr. Collins questioned if Sgt. Fuller had 233 hours of leave on the books or does he have 473 hours of leave? Ohlef MoMeal stated he was not sure at this time and would have to obtain that information through the Payroll personnel. Mr. Johnson pointed out if Sgt. Fuller didn't already have 240 hours credited he wouldn't be requesting this additional carryover. Mr. Waibel noted basically Sgt. Fuller will start the year with three months of vacation time with the addition of 2-3 months during 1993. Mrs. Fits stated theoretically Chief McNeal could be short one man in 1993 if Sgt. Fuller took his leave all at one time. President Hotton stressed based on how the Union Contract reads, at this point in time we have little choice. Chief McNeal stated he has two options...either pay Sgt. Fuller for the leave time or obtain Council's approval to carry it over into the new year. M/S/C(Johnson/Colvin) to authorize carryover of 24 hours of Annual Leave for Sgt. Forbes and 233.7882 hours of Annual Leave for Sgt. Fuller. Vote on motion: Motion carried. In Favor: Fitz, Horton, Dawkins, Colvin, Johnson Opposed: Waibel, Neville Abstain: Collins 6C - FISHPROAMENDED PROFESSIONAL SERVICES CONTRACT, OVERWATER PARK HABiTAT, #AB92-324 The Amended Professional Services Agreement amends the original contract with FishPro executed on May 27, 1992. Accordingly, FishPro will develop and provide a project design to modify the completed mitigation project to allow #1005 TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 6 of 12 development on-site, and will attend all agency meetings required to obtain project approval. The compensation to FishPro will be on a time and materials basis, not to exceed $10,000.00, including tax. Mayor Louis Mentor stated he believed the City was coming closer to getting a solution for the mitigation. As reported several weeks ago, Department Of Natural Resources is working with the City to find a solution and have presented one that they think will work and are willing to support during discussions with the other agencies. Currently, additional funds are needed to develop a concept that can be presented to the other agencies. A full plan would not be developed prior to getting agreement from the agencies that this concept will be accepted. President Hotton raised the question since previous funding was near depletion, how would this be funded? Kathleen McCluskev, City Clerk, stated funds were budgeted for 1993 in the amount of $466,425.00 for design and construction for the mitigation project. This amount was an estimate since there is no specific project identified ($420,000 for construction/design with a $45,000 contingency). President Hortonquestioned if that funding was over and above the funds given to the Port Of Bremerton? Ms. McCluskev explained it is over and above in the sense that the Performance Bond is still out there but the City will eventually get those funds back. What she cited is the "construction budget", based on a best guess estimate. Mr. Johnson pointed out actually the City was doing an interfund loan from cash flow to the Performance Bond. Ms. McCluskey explained funds were borrowed to fund the project and as she recalled this was being funded from the Golf Course excess revenue. Mr. Johnson pointed out the budget assumes that the Bond will be released in 1993. Public comment - none. M/S/C/U(Waibel/Colvin) to approve the Amended Professional Services Agreement with FishPro for the Overwater Park habitat, making sure that Item 3 - Compensation, does not exceed $10,000, including tax. 7A - PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE 'NOTICE TO VACATEt ISSUED FOR THE ILLEGAL "CONSTRUCTION SERVICES WITH YARD" LAND USE WITHIN THE SF-3 ZONE, LOCATED AT THE APPELLANT'S PROPERTY, 3419 SUNDOWNDRIVE, #AB92-325 Mr. Towno's property has been under enforcement actions for an illegal land use, defined as "Construction Services with TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 7 of 12 Yard", which is not allowed in the residential (SF-3) zone where his property is located. An administrative Notice to Vacate the illegal use was posted on the property on September 28, 1992. The notice ordered the vacation of the illegal use and parking within the front-yard setback. The Zoning Ordinance Chapter X, Section 9, affords the opportunity to appeal administrative decisions, as well as those of the Planning Commission. The administrative decision to issue the Notice to Vacate was appealed, but upheld by the Planning Commission on November 17, 1992. The Planning Commission's decision was appealed on December 3, 1993. An appeal of a Planning Commission decision is to be heard by the City Council at a public hearing. The City Council's options are: 1) uphold the Planning Commission's decision; 2) reverse the Commissions's decision; 3) modify the Commission's decision; or 4) remand the matter back to the Planing Commission for further consideration. The burden of proof falls on the APPELLANT. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Shane Jensen, Planning, explained Mr. Towne's property has been under enforcement action and was issued the Notice to Vacate Illegal Land Use. The subject appeals is a result of an appeal of the Planning Commission's decision of upholding the Notice To Vacate issued by the Community Development Director. As background, several complaints were received from surrounding property owners about the condition of Mr. Towne's property. Based on site visits, Planning staff determined and defined the use as "Construction Services with yard", meaning a use that deals with construction trades and a yard referring to storage area. The City does allow home businesses that comply with the Home Occupation Ordinance, however, in Mr. Towne's case there has been no business license issued for such use at his property and there are several violations of the Home Occupation Ordinance. On both site visits the conditions of the property evidenced much construction materials, debris, storage racks, trucks and dump trucks parked in the front yard setback and other such evidence that led staff to believe this property was being operated as a "construction services with yard". They concluded that the TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 8 of 12 parking in the front setback was not temporary and had occurred on numerous occasions and the condition of the property had stayed the same through their observation and site visits. The recommendation to the City Council is to uphold the Notice To Vacate. Rick Towne, Appellant, handed out documentation, which included a folder containing pictures, to the City Council. President Hotton questioned if the documentation and pictures were part of Mr. Towne's presentation to the Planning Commission? Don Pratt, Director Of Community Development, stated no, however, Mr. Towne did give testimony at that time that may have covered the material included in the documentation handed out to Council. To his knowledge, the pictures were not a part of Mr. Towne's presentation. President Hotton questioned since some of the materials were mentioned in Mr. Towne's presentation to the Planning Commission but not presented, would it be admissible at this time? Ian 8ievers, City Attorney, stated as long as Mr. Towne made the argument and introduced the material at a prior hearing, it would be admissible. President Hotton stated for clarification then Council could look at the printed material but not the photographs. Mr. Towne pointed out the handout material included copies of the Bill Of Rights and Constitution. At the Planning Commission hearing, he was told that the Constitution was not the issue. He acknowledged it may not be the issue, however, it is the basis for every decision Council makes regarding his rights; not his neighbors' personal feelings or how many complaints have been filed, but whether or not it violates his rights. This issue has been on going for three years between he and the City. He stressed the fact that he is a sculptor by hobby and plasterer by trade. Mr. Towne based his presentation on the fact that the City was trying to take away his right to pursue a hobby that interrelated to his profession, which were similar in appearance. He emphasized he does not want to "take his work home" and does not have a business phone or office located in his residence. He acknowledged that he has allowed drywall materials to be strewn around his house, however, he does use some drywall materials in his sculptures. He will remove all references of the company from the house, but he needs Council to make a definition as to what is a residence and what is residing in a domicile. He emphasized he would carry this issue through the Federal Courts if the City challenges his civil rights. He desires to turn his property into something beautiful that he and his neighbors would be proud of, but what he currently has is a form of "art", at least in his TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 9 of 12 eyes. He requested that Council clearly define to the Planning and Building Departments that he has the right to hobbies at his home even if they are different. He acknowledged his yard is a mess and it is a statement, and if it is left alone it could become a beautiful sculptured garden. He re-emphasized his civil right to pursue a hobby of his choosing and agreed to remove all signage except vehicular. He assumed vehicular signage was allowed even without a Home Occupancy Permit since there is an official City vehicle parked on a neighbor's property just below his residence. All tools and equipment that are apart of his company will be collected, however, he asked that Council be more definite with their findings. If it is dangerous to the public's safety, then let them talk to him about it. Instead, Stop Work Orders are posted and fines levied against him. In reference to the 20-foot setback, he previously leveled out an area so that he could park his vehicles in that area. He noted of the seven homes located on his street, five of them also park vehicles within that setback area. He views the City's actions targeted against him as harassment. In reference to the dump truck, which has been moved, the ownership is half his and half his brothers and not a company vehicle. It is a 1958 truck that is used for private use. He believes he has the right to have lumber, a concrete mixer and other kinds of machinery in his yard that do not amount to a "construction yard". And, he pointed out the City posted his property improperly as he has two separate lots. He believes the whole due process was off and should be looked into before any further action or invasion of his privacy. He pointed out the wood, wood rack and trailer are located at a Valley Drive address. In conclusions, he cautioned Council that they did not have the full story and if his Constitutional rights are challenged he would pursue further legal action against the City. President Hotton. asked if anyone wished to speak in support of the Appellant...none came forward. President Hotton asked if anyone wished. to speak in opposition to the Appellant? Don Pratt, Director Of Community Development, stated he was speaking in opposition to the appeal. The decision before Council is whether or not to uphold the Vacation Notice, which he signed and was posted on Mr. Towne's property, which the Planning Commission approved and upheld on his appeal. That Vacation Notice asked Mr. Towne to vacate business use of the property and to vacate parking in the front yard setback. TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 10 of 12 Whether or not the art work is legal and whether or not it stays is not an issue at this time. The issue only relates to not having an indication of a home occupation at that site. The home occupation that they found, which was reflected in both of the Code Enforcement reports from Shane Jensen, identified construction debris, ladders, scaffolding, storage racks, trucks with Wall Sculpture logo on them and numerous signs that "Wall Sculpture" was located there. There was no Building Permits on the sites for Wall Sculptures to fulfilling a contract, occurring on two different occasions several months apart. Additionally, they found parking occurring in the front yard setback and an order to Vacate was given. He urged Council to reject the appeal and maintain that order to Vacate. Mr. Pratt notea in Mr. Towne's testimony he agreed that he did have business material on the site. If Mr. Towne agrees to remove that material, he will have complied with the order to Vacate the business use. If he moves vehicles from the front yard setback he will have complied with the City's order to Vacate. He stressed no one was addressing, at this time, whether Mr. Towne's sculpture or sculpture materials were legal however that may need to be addressed in the future. Kathleen McCluskev, City Clerk, read letters of opposition into the record from Richard J. Feek, 4031 Sundown Drive, and Ron and Mary Anne Cleveland, 3807 Valley Drive. The following concerns were noted: (1) the "art sculpture"is a blight on the neighborhood; (2) yard is littered and strewn with soggy wallboard, dilapidated "castle walls, plaster shapes, garbage, iron springs, mattresses, old cars, trailers and trucks, household belongings; (3) lack of concern for public health standards, residential zoning ordinances and real estate and aesthetic values of the surrounding homes is highly reproachable; (4) wallboard has been dumped and buried on the subject property. Rick Towns admitted that his property is "a mess", but with respect to the Health Department and Environmental Protection Agency it is not pertinent to this issue. He stressed he was exercising his constitutional rights to enjoy a hobby of his choosing even though it is closely related to his trade. He still has a problem with the 20 foot setback area in his front yard. He did not believe parking on the flat dirt area in the setback was detracting in any way for the surrounding neighborhood. He also believed that the setback is public right-of-way and that he had the right to park there at least up to 72 hours per incident. If Council finds in favor of the Planning Commission, he would like an explanation why he #2548 TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 11 of 12 cannot park in the 20-foot area in front of his home when everyone else in the immediate vicinity can. His neighbors brought up the issue of the concrete mixer. He stressed he is not a concrete contractor, however, he does use a mixer for his sculptures and is part of his hobby. In reference to the lumber storage issue, which is located on a separate lot, he is not a framing or building company. Regarding the sheetrock buried in the backyard, he noted it is not visible and decomposes as gypsum mulch, which is a white mineral that sweetens the soil. He referenced a court case relating to the buried sheetrock during which the Judge lowered the amount of fine imposed by the Prosecutor. He did not like being a "slob" nor wanted to be antagonistic against his neighbors. He wanted the 20 foot setback issue reversed with the understanding that it would not be for permanent parking. Mr. Johnsonquestioned if landfilling practices had decreased? Mr. Pratt stated no. Mr. Colvin requested clarification on the front yard setback issue. Mr. Pratt stated the front yard is defined as the yard which fronts on a street going through a residential neighborhood. The Zoning Code prohibits parking within the first 20 feet of the property line and is to present an environment of openness and circulation within the front yard along the street side. Parking is allowed in front yards if a Variance is obtained through the proper permit processes. Mr. Colvin questioned if a driveway is part of the front yard setback? Mr. Pratt stated in this instance they found vehicles not being parking in a driveway and they were not personal vehicles. President Morton stated the Zoning text states that off street parking spaces other than driveways shall not be located within the required front yard setback area. Mr. Pratt stated there are many properties in Bremerton that were developed prior to the current Zoning Code, however, Mr. Towne has not proven to him that this was the case in this circumstance. President Hotton emphasized that the Vacation was only on the home occupancy usage and parking in the front yard setback. Council is not ruling on Mr. Towne's art work/sculpture or the other debris other than for home occupancy usage. M/S/C(Collins/Fitz) to uphold the Planning Commission's decision to issue the Notice to Vacate the illegal land use on the appellant's property. Vote on motion: In Favor: Neville, Fitz, Waibel, Horton, Collins, Dawkins, Johnson TAPE #1081 City Council Reg. Mtg. Minutes December 30, 1992 Page 12 of 12 Abstain: Motion carried. Colvin With no further business meeting adjourned at 6:57 P.M. KATHLEEN L. , City Clerk LYNN HORTON, C esident City of Bremerton KLM/LH/eh cc: Normal Distribution File/Vault