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HomeMy WebLinkAbout07/30/86TAPE #366 "' #0051 #0057 CITY COUNCIL MEETING MINUTES July 30, 1986 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, July 30, 1986, at 5:30 p.m. with Council President Spencer Homing presiding. Council Members present were Lon Overson, Mottie Dawkins, Marry Crutcher, Hank Waibel, "Tiny" Collins, Mary Lou Long, A1 Colvin and Russ Johnson. Also present were City Attorney Bill Broughton and City Clerk Kathleen L. McCluskey. Absent was Spencer Homing. The meeting opened with the Pledge of Allegiance led by President Homing with Rev. Allan BumCarde leading the Invocation. President Homing noted that Item #6 the Consent Agenda as Item #2D. will be heard under CONSENT AGENDA Item #A - Minutes :of July 23, 1986, #AB86-297; Item #B - Easement Agreement - Auto Club of Washington, for AAA Building off Kitsap Way , #AB86-298; Item #C - Water System Acceptance - Plat of Pi~ewood Manor, #AB86-299, and Item #D - Quit Claim Deed to Bremerton School District 100C to correct a mistake made by the Ci.ty in the legal description for the right-of-way vacated, #AB86-300. · M/S/C/U/(Johnson/Colvin) to approve the Consent Agenda as presented. CLAIM/WARRANTS 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/(Johnson/Dawkins) on July 30, 1986, the Council does approve for payment those vouchers included and further described as follows; Regular Warrants, #21613 - #21677, in the total amount of $53,480.97, and Pre-written Warrants, #21605 - #21607, in the total amount of $5,072.64. PUBLIC RECOGNITION Ms. Teresa Denmiester 1328 No. Lafayette, spoke regarding the problem of open drug traffic, need to provide for -children and their upbringing and Police officer conduct. Harold Ptchard 2008 8th Street, delivered a Petition to Mrs. Long regarding Street Lights. Mr. RoV Mclnnis, 2711 Maple, commended the Fire Chief regarding a complaint of late arrival to an emergency response. Chief Marks furnished Mr. McInnis with tapes of the call and, in fact, the call was received later than the person complaining had indicated and emergency units were well within time lines. Mr. McInnis suggested that Ms. Denmiester contact the Police Chief regarding violations of conduct as Chief Cundiff will be responsible and follow- through. Ms. Denmiester responded that she felt she could not be treated fairly. COUNCIL MEMBER REPORTS Mr. Johnson stated the Fiscal & Budget Committee met but his report will be later in the meeting. He also noted a letter received by Mr. Pete Flynn, Mainstreet Association and that TAPE #366 City Council F'~. Mtg. Minutes July 30, 1986 Page 2 of 7 it is under review by the committee with a recommendation, that will be forwarded to the Mayor. Mr. Colvin commended the Auditor for the session to be given relating to the City's financing and suggested that Council take advantage of the opportunity to become up-to- date on the financial projections for the present and coming year. Mrs. Lon~ noted that the Council has not received a State of the City report from Mayor Lobe. Also She requested a list of assets not yet received. Mr. Crutcher artended the groundbreaking of new Condominium construction located at 1610 Park Avenue near Evergreen Park. Mr. Dawkins attended a seminar with two other individuals on Handicap Equipment, vehicles, etc. in Vancouver, WA. July 29th. A new experimental Bus was the displayed and the focal point of the show. Mr. Overson took part in a YMCA Operations Committee meeting today and it was very informative. Mr. Hornin~ just returned from an American Public Transit Association Seminar (AMTA) in Boston. He intends to prepare a presentation and invite key staffers, along with Council members, and have an indepth session on what he learned. He noted that the City, in lieu of air-conditioning, provided air fans in the Council Chambers, Municipal Court and Council offices which will be a vast improvement in air quality. APPROVAL OF EXTENSION OF- ACTING BUILDING OFFICIAL APPOINTMENT & CHANGE IN JOB DESCRIPTION, #AB86-300 Mr. Don Pratt, Planning Director, noted that the City failed to receive any applicants for the Building Official position even though it was twice advertised. The first announcement brought two applications, both ineligible. The second did not receive response. Therefore, Mr. Pratt is asking Council to extend the interim appointment of Mr. George Yeaqer as Building Official which currently expires July 1986. Further, he requested that Council approve suggested changes in the job description such as deleting the requirement of a college degree, making the position more of a technical classification and Mr. Pratt assuming the administrative functions and deleting Council of American Building Official/Professional Code Administrator certification, according to the recommendations of the Fred S. James Company who is presently doing a Wage/Classification Survey for the City. Mr. Johnson asked why the Planning Director was preparing job description, calling for announcement and in the position to direct the classification of Building Official when,it is a violation of the City Charter, Article VI which puts the position under the purview of the Director -of Public Works. Mr. Baker stated he was not aware that this is the case and had not reviewed the proposed classification. Mr. Johnson asked what publications the City used for advertisement and how much did it cost to date with Mr. Hiestand stating approximately $716.00 advertising fees, not counting staff time. He said the announcement was published in the "Jobs Available" (Calif.) which has broad circulation throughout the country, the seattle Times, Tacoma News Tribune, Portland Oregonjan, Anchorage Times and the Bremerton Sun. He spoke to the high costs to obtain well-qualified individuals and stated this is a problem TAPE #366 City Council "'~. Mtg. Minutes July 30, 1986 Page 3 of 7 because the advertising budget is small compared to other cities. He gave history of the previous appointments and job descriptions. Mr. Overson was concerned that deleting too many requirements may lead to an unqualified individual and this could put the City in a liable position with Mr. Horninq concurring. Mrs. Lonq criticized the high costs for advertisements and felt the figure of $700.00+ for this position was "overkill". Mr. Collins shared constituents concern over the liability issue but wanted to be sure an individual obtained certification within a reasonable length of time (6-months). Mr. Overson felt the elimination of the degree requirement would be sufficient and was opposed to any further modification of the job description. Mr. Hiestand stated that the City of Bremerton is not the only city having trouble with the placement of a Building official and Mr. Pratt noted that Mr. Yeaqer has done a good job during his interim appointment. #1479 $ M/S/C/U/(Collins/Waibel) to extend Mr. Yea~er's interim appointment for a period, not to exceed December 31, 1986, or until an appointment can be made from a register and that the requirement of a degree be deleted from the job description and that the individual appointed will be required to obtain "certification" through the Council of American Building Official/Professional Code Administrator (CABO/PCA) within 6 months of appointment. VOTE: In favor: Dawkins, Crutcher, Waibel, Collins, Long, Colvin, Johnson &Horning Opposed: Overson Motion PASSED. #1510 · M/S/C/U/(Johnson/Collins) to send the job description back to the Personnel department for rewrite. PROFESSIONAL ENGINEERING SERVICES FOR AUTO CENTER WAY STORM SEWER, #AB86-301 The City sent 12 requests for qualification to local engineering firms and received 6 responses. A review by Engineering indicates Pac-Tech Engineering, Inc., a locally owned firm to be most qualified to provide the required services. Negotiation with Pac-Tech has resulted in agreement on a contract amount of $6,500. Mr. Baker City Engineer was present for questions. He noted that with the present workload, the Engineering department does not have available staff to complete the project and that the City could be faced with litigation if this project does not get underway. He stated the contract would be paid from 309 Funds. #1844 · M/S/C/U/(Co-lvin/Johnson) to approve entering into a Profes- sional Engineering Services contract with Pac-Tech Engineering, Inc. in the amount of $6,500 with the addendum of an "Insurance" clause. VOTE: In favor: Overson, Dawkins, Crutcher, Waibel, Long, Colvin, Johnson a Homing Abstain: Collins TAPE #367 Motion PASSED. ORDINANCE (FIRST READING) PROVIDING FOR A SERVICE CHARGE FOR STREET LIGHTS, #AB86-262 Mayor Gene Lobe appeared before Council to request approval. of an Ordinance providing for a service charge for Street lights. Currently the annual cost for Street lights is in excess of $200.000 per year. In an effort to cut back on the cost, lights have been selectively eliminated. Many · citizens experiencing reduced Iighting have expressed their willingness to pay a nominal fee to assume continued lighting of City Streets. This ordinance provides for $1.00 per household/business per month. It would be billed on the TAPE #367 City Council I July 30, 1986 Page 4 of ,7 · Mtg. Minutes hi-monthly utility bill and generate approximately $180,000. annually. Mayor Lobe distributed copies of a memo from Bill Broughton, City Attorney which explains the State statutes and indicates other cities have assessed similar charges. Mayor Lobe indicated the shortfall the City will experience during 1987 and without the revenues to pay the bills, the City could be faced with approximately 1,000,000 shortage, especially since the Revenue Sharing dollars will not be available or seriously cut back. He also stated that local B & 0 Revenues are down 300,000 - 400,000 at the first half. City Attorney Bill BrouChton felt the Ordinance is legal according to RCW's. The Street light removal implemented by the previous City Council caused much concern by citizens effected and in some areas it was questionable that lights be removed at all. The anticipated savings to be generated was approximately $180,000 however only approximately $20,000 was realized. Those speaking in favor of the $1.00 per month (12.00 annually) fee for Street lights were; Mr & Mrs. Harry Kehm, 1710 8th Street; Mr. a Mrs. Larry Johnson, 801 High; Mr. & Mrs. Donald Moore, 721 High Avenue; Mr. a Mrs. John Correia, St. 1707 High Avenue; Mr. Morrill S. Pope, 8th & Pennsylvania; Mr. Allan L. Boreford; Mr. Ed Pope; Ms. Susan Brown, and Ms. Aubrey Whiton. Those speaking in opposition were; Jim Strait, 6540 Hatlow Drive; E.L.Sturdivant; Joe Stadler; Ed Getdine; Jim Adrian; George B. Davies; David Pope; Roy McInnis; Ms. Helen Anderson; Bru~e McCaughan; Glenn Vockrodt; James Kerson; Sending a Petition in opposition were GenGla Cheslio, Healthway Foods; Mr. Richman, Dave's Guns & Loans; Susan Boddy; Bruce Chemhulan; Loretta Griffith; Kathy .Sheldon, Donald Warner; Gall Pedersen; Allan Johnson; Audrae Jack King; Rich Wahl; Clara Gan~e; Eugene Ludwick; Beatrice J. Ludwick; Herbert T. Smith; Dean Morgan; Dorothy Makins; Terry MadiGan; Letha Bernice Pickard; Mary Jane Dumiee; Larry Perone; Earl Shields; Nancy Shields; Manuel Gomes; Beatrice Gomes; Marguerite Hinnamin; Mary Burke; Marv Lott; Frieda Hauschel; Veronica Knifong; W. R. Whallon; Walter Lorenz; Lide Kilgore; Shella Huey; Mildred Mondlach; B. H.Hanson; Mrs. C.W. Mason and Earl Woods· Mr. Johnson, Council Budget & Finance Committee Chairman urged a DO NOT PASS for the following reasons; (1) Ordinance is unenforceable; (2) Cost to enforce prohibitive; (3) Sewer hookups - unrelated to Street lights, and (4) Council is sworn to uphold the City Charter and he felt this ordinance is illegal. Mr. Crutcher supported the Mayor's efforts to replace and maintain Street lights and expressed concern that women and children have to be in fear of attack. Mrs. Long had no objection to lights for public protection from assault and theft but would not vote for something she felt illegal. She felt those Streets where lights were removed should be illuminated but another source of funding sought by Council Study session. Both Mr. Colvin and Mr. Johnson felt the method of assessment was not equitable and Mr. Johnson thought that the draft violated RCW's, City Charter and BMC. Mr. Collins agreed that the light issue is a problem but further study must be done to determine where to Get the funding. Mr. Dawkins felt he may be partially responsible for the Street light reduction because while he was Mayor it was felt that substantial savings would be realized but it did not materialize. #1543 · M/S/C/(Collins/Colvin) to table first reading of ordinance providing a service charge for street lighting and providing for street light service billing on all water/wastewater TAPE #367 City Council ~ ,'. Mtg. Minutes July 30, 1986 Page 5 of 7 #1902 #2357 utility billings and that the Council, as a whole, including the Council Budget & Finance and Planning committees meet jointly to develop a solution to provide the funding source. VOTE: In favor: Overson, Dawkins, Waibel, Collins, Long, ColvAn, Johnson a Homing Abstain: Crutcher Motion PASSED. For the record Mr. Hornin~ did not agree with the method Council has decided upon. Recessed from 7:45 p.m. - 8:O1 p.m. MATTERS NOT ON THE AGENDA Mayor Lobe apologized to the Council for addressing another personnel matter that needs immediate attention because of time constraints. He will ask at a later date that Council approve an extension of interim appointment for Mr. Dave Baker as Public Works Director/City Engineer until December 31, 1986. He noted that 30 applications were received but in all fairness to Mr. Baker, he deserves the support of the Council. REVISION TO SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT 525 LEBO BLVD. #C-S - WILLIAM MURDACH, #AB86-SOS This request is a revision of an existing Substantial Development Permit (April 1973), which requires City Council approval. The applicant proposes to enclose an existing deck at the Riptide Condominiums at 525 Lebo Blvd. Mr. Murdach wishes to creaie a sunroom addition to the living room. Council questioned that once Mr~ Murdach has done the remodeling, will others in the Condo want to do the same. If so can the action include all o~ner/occupants of the same Condominium. Mr. Dave Hanna, Planner, stated that if the "Riptide" Corporation (Including all owner/occupants) wishes to apply for a blanket Substantial Development Permit, they could do so however whatever action Council decides to take on Mr. Murdach's application would not effect the other units at this time. · M/S/C/U/(Colvin/Long) to approve the revision to Substantial Development Permit #7-73, 525 Lebo Blvd., "Murdach". BREMERTON FERRY TERMINAL REZONE R1 TO BI, 145 1ST STREET, #AB86-304 Mr. Dave Hanna, Planner, gave a quick presentation and indicated that the Planning Commission voted unanimously in favor of.the request for fezone from R1 to BI, Bremerton Ferry Terminal. In addition, they unanimously agreed the request met the criteria for granting a fezone but did raise concern for traffic circulation as a result of rezoning. Mr. Johnson expressed concern that, in the event the State decided on a new slte for the permanent Ferry Terminal, sold the land to an investor, what would preclude a business such as a feed store to open in the area. He felt this should be tourist type development only. Mr. Hanna suggested that the Council could consider a Concomitant Agreement which would need to come before Council in the future should any change be requested. · M/S/C/U/(Waibel/Long) to approve the request for rezone from R1 to BJ, Bremerton Ferry Terminal Rezone - 145 1st Street. BREMERTON FERRY TERMINAL SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT, 145 1ST STREET - DOT, #AB86-305 Mr. Hanna presented staff report and contents of Planning TAPE #367 City Council R July 30, 1986 Page 6 of 7 Mtg. Minutes TAPE #368 #0311 Commission Advisory Report assigning #SL-8-86 to the request. for a Shoreline Substantial Development Permit - WSDOT Bremerton Ferry Terminal. What is proposed includes; (1) Demolition of the existing Terminal; (2) Construction of a two-story temporary modular building, and (3) Construction of a new timber trestle, gangplank and mooring float for the Foot Passenger Ferry (foot passenger gangplanks - uncovered). Mr. Hanna reminded Council this is only a "temporary" structure and a permanent building plan will be schedule tentatively between 1990 - 1992. He further stated that the traffic flow and parking will need further study but the original site plan has had numerous changes, incl~ding elimination of employee parking on the site. He noted that the Planning department recommended approval with conditions outlined in the model motion. Mr. Jack Hansen Representing the Washington State Farties, emphasized Hanna's presentation and indicated this temporary facility and site plan will be a valuable tool in assessing the future needs of the permanent facility. Mr. Hayes of Kitsap Transit stated his organization and the Washington State Ferry system are enjoying a good working relationship and with the new plan the public will have less walking distance to convenient modes of transportation. Mr. Jack Maher, Waterfront Development Manager, indicated that it is imperative that Council make a decision as soon as possible because the "passenger" only fe :j ~ :.re scheduled to start service sometime mid-October. He felt with the new facility, it will again encourage large trucking/shipping to funnel through Bremerton creating revenues for the State and the City of Bremerton. Mr. Bill Enter, Chamber of Commerce President, spoke in support and stated this is a Win-Win situation at best. He was pleased with Planning department recommendations and conditions. Several Council members were concerned that something could be done to provide covered walkways. Mr. Overson also indicated that he preferred 1-way traffic on First street to increase- flow. Mr. Donald Pratt, Planning Director indicated that several properties, including that West of the Wheelhouse Restaurant, have no clear title however he feels the property at the present YMCA building will provided the solution for the future. Mr. Johnson was concerned at how long the interim facility may be in place and with an elevator, will the State eventually decide the temporary structure to be adequate. Mr. Hanson stated the State has assigned the permanent structure Ferry Terminal on it's 6-Year program and he concurred that Bremerton is looking at 1990 - 1992 before the permanent facility will be in place. Also he indicated that the elevator is to assist the loading/unloading of handicapped individuals. Mrs. Long urged consideration in covering the ramps as an addendum to the site plan. · M/S/C/U/(Waibel/Dawkins) to approve the Shoreline Substan- tial Development Permit for the Bremerton Ferry Terminal subject to the conditions below as it conforms to the goals, policies, and regulations of the Bremerton Shoreline Master Program: 1. That the WSDOT amend the Site Plan to include landscaping improvements around the temporary modular building and pedestrian area. These landscaping improvements are intended to enhance the visual quality of the ferry terminal area. Specific improvements shall be reviewed and approved by the Planning and Engineering Departments prior to installation. 2. That the site plan on file in the Planning department is TAPE #368 City Council ~ July 30, 1986 Page 7 of 7 Mtg~ Minutes adopted by reference and any substantial changes in the location or expansion of structures shall be reviewed by the City Council under the "Permit Revision" provisions of the Bremerton Shoreline Master Program. 3. That pedestrian and vehicular movements be separated and signed during construction and after completion. 4. That the City Engineer, Planning Director and WSDOT examine the possibility of a drop-off/pick-up lane for both the general public and Kitsap Transit within the ferry terminal property and operation. #0348 ORDINANCE (FIRST READING) CHANGE IN LAND USE RESTRICTIONS - "ANDERMAN" 6800 KITSAP WAY, #AB86-302 · M/S/C/U/(Overson/Collins) to approve first reading of a Ord- inance amending Ordinance No. 3922, Section 2 - Anderman/Jewell) - Change in Land Use Restrictions. #0362 ORDINANCE (2ND. READING) MENTOR CHANGE IN LAND USE RESTRICTIONS - 909 MCKENZIE AVENUE, #AB86-293 · M/S/C/U/(Dawkins/Johnson) to pass an ordinance, second reading, amending Ordinance No. 3536 Section 1(2) and Section 1(2) and setting forth new Section 2(1) - Mentor. #0375 ORDINANCE (2ND. READING) MENTOR CHANGE IN LAND USE RESTRICTIONS - 915 MCKENZIE AVENUE, #AB86-294 · M/S/C/U/(Waibel/Collins) to pass an ordinance, second reading, amending Ordinance No. 353? Section 1(2) and setting forth new section 2(1) - Mentor ORDINANCE (2ND. READING) AMENDING ORDINANCE ORDINANCE NO. 3?00, SECTION 3, SUBSECTION C, ITEM ?, RELATING TO THE 15% SURCHARGE (CLOSURE OF THE WASTEWATER FACILITIES CONSTRUCTION PROJECT OFFICE), #AB86-295 ORDINANCE (2ND. READING) AMENDING ORDINANCE NO. 3700 SECTION 3, SUBSECTION 1, ITEM 6, RELATING TO SEPTAGE CHARGE, #AB86- 296 As earlier agreed in Council study' session, items #TE and #?F are combined into one ordinance and motion. #0404 · M/S/C/U/(Waibel/Colvin) to pass the Wastewater Facili- ties Construction Project Office closure and remove the 15~ surcharge to wastewater customers outside the City limits, amending Ordinance 3?00, Section 3, Subsection C, Paragraph 7, and amend Section 3, subsection A, sec. 6, relating to septage charge. With no further business, meeting adjourned at 9:10 p.m. APPR ED: NCER H ncil KLM:SH/cjs co: Normal Distribution File/Vault KATHLEEN L. MCCLUSKEY, City Clerk Director of Administrative Services President