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HomeMy WebLinkAbout01/04/84 Tape 101 Unapproved #1315 Minutes CITY COUNCIL MEETING MINUTES ~ ~~ January 4, 1984 ~ ~ ~ The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington, Wednesday, January 4, 1984 at 5:30 p.m. with Council President Art Anderson presiding. Also present were Councilmen E. L. Sturdivant, Spencer Horning, Clyde Pachek, Roy Mosely, Phil Drouin, Bill Amo, Jim Adrian and Russell Johnson, Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen L. McCluskey. The meeting opened with the Pledge of Allegiance and the invocation was given by Jim Adrian. Mr. Anderson stated item 9B was pulled from the agenda. CONSENT AGENDA A. Minutes of December 28, 1983. AB84-1 B. Bid award for lightbar systems to Territorial Supplies as to specifications, in the amount of $19,224.96 plus tax. AB84-2 C. Bid award for public defender services for Municipal Court to Mr. Ronald D. Ness for the year ending December 31, 1984, as to qualifications and fee schedule. AB84-3 Motion by J. Adrian and S. Horning to approve the consent agenda items A, B, and C. Mr. Sturdivant noted that the bid from Mr. Ness is the second lowest bid, and discussed committee evaulation of all candidates and recommendation. Mr. Sturdivant felt Council should approve the committee recommendation. Question called, carried as follows: 7 affirmative, 1 opposed (Anderson), 1 abstention (Drouin). WARRANT REGISTER AB84-4 #1450 Warrants audited and certified by Darlene Herrmann as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. Motion by P. Drouin and C. Pachek as of this date the Council does approve for payment warrant 14706 to CH2M Hill in amount of $412,938.91 on the Wastewater Facility Construction Project, carried unanimously. Motion by R. Johnson and B. Amo as of this date the Council does approve for payment warrants 14639 through 14705 inclusive and warrants 14707 through 14794 inclusive in amount of $87,348.87, and special warrants 14633 and 14634 in amount of $21,507.92, carried unanimously. MAYOR'S REPORT #1557 Mayor's proclamation proclaiming January 1984 as March of Dimes Month was read and presented to Barbara Lawrence, Executive Director of the March of Dimes. Ms Lawrence discussed numerous functions of the March of Dimes and stated the week of January 14, 1984 is Healthy Baby Week. The Mayor read a letter from Court Prisk, Director of Field Services commending Water Department staff for efforts, which included holidayhours, in answering all calls pertaining to frozen and broken water pipes. The Mayor read a letter from the Manette Neighborhood Association thanking various city departments for their work on the mini park on the Manette Peninsula. In answer to inquires, the Mayor indicated he will attempt to have statua re- ports next week on, State Street gate parking, street light timing system, sidewalk on Adele Street and Kiwanis Field. Mayor Dawkins discussed an inquiry from the Federal Historical Society regarding placing an elevator in a histor- ical building. The Mayor is working on providing documentation to the effect that city hall is not a historical building. He expects the elevator to be installed by the first week of June. PUBLIC RECOGNITION #1905 Bert Ge~ner, 934 Washington Ave., discussed degeneration of the waterfront in Sinclair Inlet off N. Washington Street, and suggested enforcement of a speed limit for boats. The Mayor discussed contacting officials in Washington D.C. for availability of federal funds, and suggested contacting the Coast Guard. Mr. Anderson also suggested contacting the yachting club officials. Mr. Gegner discussed the Bremerton ferry run, and suggested a study on a bridge from Illahee to Bainbridge Island. Mr. Anderson suggested Mr. Gegner direct this to the state legislature, Jean Jackson, Chairperson, Mayor's Committee on Disabled, discussed calls pertaining to the hike in swimming pool fees for senior citizens and disabled, and feels these groups are being discriminated against. Ms Jackson discussed availability of handicap stickers for vans that provide service for the disabled. Ms Jackson requested Council meetings be held at a location accessible to the handicap until the elevator is installed in City Hall. Mr. Amo suggested Council direct the Mayor to locate a suitable place and make a recommendation. City Council Meeting Minutes January 4, 1984 Page Two ATTORNEY'S REPORT #2305 Mr. Broughton discussed Superior Court decision on Gold Mountain Golf Course. The city was awarded possession of the facility to take effect March 1, 1984. There will be a study session with Council on Monday, January 9, 1984 at 5:30 p.m. to discuss further operation of the facility. Mr. Broughton discussed the length of time his staff spent in' court and the hardship this placed on his o~fice. Now that the attorney's office is back to full staff, they will be bringing various ordinances and agreements before Council. ORDINANCE, 1st Reading - TRANSMISSION MAIN REPLACEMENT ON NAVY YARD HIGHWAY IN CONJUNCTION WITH SEWER PROJECT AB83-581 #2429 Motion by C. Pachek and P. Drouin to approve on first reading AN ORDINANCE of the City of Bremerton, WA relating to the combined water and sewerage system of the City; specifying and adopting a system or plan of additions and better- ments to and extensions of the combined water and sewerage system of the City; declaring the estimated cost thereof; authorizing the issuance of $5,000,000 par value of water and sewer revenue bonds for the purpose of providing a part of the funds with which to pay the cost of carrying out such system or plan; providing for the issuance of one or more bond anticipation notes pending the issuance of such bonds; creating a water and sewer revenue bond ancitipcation note fund; and providing for the negotiated sale of such notes to Peoples National Bank of Seattle, Washington. Leo Olney, City Treasurer, discussed the passage of the ordinance for issuance of $5 million of water revenue bonds for the complete main replacement and authorizing the interim financing of the portion of the project by issuance of up to $1 million of bond anticipation notes. Mr. Olney explained the bond authorization is needed to obtain the interim financing. The intent is to carry the notes for three years and pay them off with current revenue. At the end of the three years a decision will be made as to how much bonding will be needed to complete the main replacement. Mr. 01ney is working with our bond council and the bank to arrange this package. It appears the interest rate will be in the area of 7% annum. Additionally, these notes will be one year notes and have to be reauthorized and issued annually. This allows for a lower interest rate and allows the notes to be bought down annually. Question called, carried unanimously. RESOLUTION 2006 - INCREASE BENEFITS OF RETIRED EMPLOYEES AB84-6 #2798 Ms McCluskey discussed the old employees retirement system, which was estab- lished for this purpose. There are 5 individuals remaining on this system with very low pensions. The City Treasurer and City Clerk have determined that this fund can accommodate a 15% increase effective January 1, 1984. This fund cannot be used for any other purpose. Motion by R. Mosely and C. Pachek to adopt A RESOLUTION to increase the benefits of retired employees as authorized by Ordinance No. 3411, carried unanimously. DISCUSSION - ORDINANCE 3690 - ISSUANCE OF BAD CHECKS AB84-7 #3005 Harry Penor, owner of HP Towing, discussed problems with Ordinance 3690 as pertainining to issuance of bad checks. Mr. Penor discussed unsatisfactory efforts to collect fees and being in violation of the ordinance if he refuses to accept checks for payment. Mr. Penor discussed recent court action where the judge dismissed the case, saying this is a civil action, not criminal. Mr. Penor discussed policy of the police department to issue release of a vehicle only on payment, but towing companies do not have this right. Mr. Penor asked the City fathers' help in enforcing the ordinance or having the ordi- nance rewritten. Mr. Penor discussed the 1984 WAC rule regarding non-acceptance of payment by check. B. Broughton discussed Ordinance 3690 as adopted pursuant to state law. Mr. Broughton explained the reason for the rule that towing companies cannot refuse to accept payment by check, is if the vehicle Tape owner attempts to retrieve his impounded vehicle after bank hours, a check 102 can be written. Mr. Broughton agreed with the judge that this is not a criminal action, and discussed taking these cases to small claims court. Mr. Penor discussed lack of enforcing small claims court decisions. Mr. Adrian agreed with Mr. Penor and expressed opinion that small claims court does not work. Mr. Anderson agreed the ordinance should be looked into. Recess 6:30 until 6:45 p.m. City Council Meeting Minutes January 4, 1984 Page Three HEARING ~ SHORELINE MANAGEMENT CONDITIONAL USE PERMIT/BAIR AB84~5 #0346 This hearing is for an application to construct a bulkhead',' ~n~~ ~nd floating dock on Kitsap Lake. The hearing has been posted and advertised as required by law. In response to Mr. Anderson's standard conflict of interest question, there were no objections and all Council members remained in attendance for the hearing. Carol Saari, Planning Department, summarized the proposed project for a 4 ft. high concrete bulkhead, floating concrete styrofoam dock and wooden ramp for private non-commerical pleasure craft, to be constructed on Kitsap Lake. The ramp will be approximately 15 ft. in length with L shaped dock, approxi~ mately 4~ ft. wide. Dock and ramp will total 47 feet. Ms Saari discussed construction of the bulkhead to run the length of the property. Such bulk- head will alter the natural shoreline, which will require approximately 150 - 200 cb. yds. of landfill above the ordinary high water mark. The landfill will be located along the north portion of the dock/ramp only. The area south of the dock/ramp will be left natural with no access to the lake. Ms Saari discussed other ramps, docks and bulkheads in the immediate area for comparison purposes, and background information. Ms Saari discussed an environmental checklist, regulations as pertaining to the Bremerton Shoreline Plan and the Bremerton Area Plan. In discussing state, city and advisory group comments, Ms Saari noted the Engineering Department stipulates the developer is responsible to locate the sewer main in the lake and maintain a reference to that location. The city has marked the sewer lateral serving the property. The developer shall be responsible to maintain these markers, or in the event they are distrubed, to locate the line at his expense. Planning Department notes other agencies to he contacted are Department of Natural Resources, U. S. Army Corps of Engineers and State Department of Game and Fisheries. Kitsap Lake Neighborhood Association has no objections to the application provided the bulkhead does not encroach on the lake, and the pro- ject is not constructed during the winter rainy season, to avoid further siltation in the lake. Recommendation for construction to be limited to period between May and September. Ms Saari noted construction is to begin within 2 yrs. and be completed in 5 yrs. Ms Saari discussed Planning Commission recommendations. In addressing the conditions, Chuck Bair, the applicant, stated he has no significant problems with the conditions, and is willing to comply with all requirements. Mr. Amo expressed concern with building a ramp and dock prior to building a residence, and felt this might he an attractive nusiance for small children. Mr. Bair discussed cooperative use of the dock until the residence is built. Mr. Bair discussed his main objective to build the bulk- head at this time, and felt'this will not be a hazard as the property lies at the end of a dirt road. Discussion followed regarding the dock being a danger to small children and suggestion was made'to ~nclude condition to install a locked gate. Discussion followed regarding restricting construction between months of May and September. It was felt that May may be a rainy period and October a dry period. Motion by R. Mosely and Po Drouin to approve Planning Commission recommendations as shown on attached Exhibit "A". Mr. Amo discussed including a provision that if the ramp and dock are constructed prior to the property being occupied, a protective fence and locked gate be installed. Amended Motion by B. Amo and E. Sturdivant to include additional provision #16 as follows: "If the dock is constructed before adjoining residence is constructed and occupied ramp to the dock shall not be installed or a locked gate restricting entry to the dock shall be installed." Question called on the motion as amended, carried as follows: 7 affirmative, 1 opposed (Johnson), 1 abstention (Anderson). Question called on the main motion, carried unanimously. ACCEPTANCE OF CONTRACT #2390/RE-ROOF GORST PUMP STATION AB84-9 #2119 Motion by P. Drouin and R. Mosely to accept Contract 2390 for re-roofing of Gorst Creek Pump Station as complete, carried unanimously. ACCEPTANCE OF CONTRACT #2381/RE-ROOF CAPITAL HILL FIRE STATION AB84-10 #2137 Motion by P. Drouin and R. Mosely to accept Contract 2381 for re-roofing of capital Hill Fire Station as complete, ~arried unanimously. EASEMENT REQUEST - GORDON HANSON AB84-11 #2153 Allan Kane, City Engineer, discussed the problem Mr. Hanson has with drainage. His nearest neighbor has refused an easement across his property, as a result Mr. Hanson is requesting an easement from the city. Mot£om by E. Sturdivant and C. Pachek to grant the easement and direct the Attorney's office to draft an easement agreement, carried unanimously. City Council Meeting Minutes January 4, 1984 Page Four ANNUAL RATE ADJUSTMENT/BREM-AIR CONTRACT AB83-683 #2360 Mr. Anderson discussed his opposition to the contract in general, and ex- pressed objections to a garbage company receiving a CPI increase. Mr. Anderson discussed Ordinance 1905, and felt changing and updating the ordinance will benefit the residents. Mr. Gegner stated he agrees with Mr. Anderson and expressed objection to the last bill showing new increased rate. Mr. Gegner questioned the need for Council approval. Mr. Broughton discussed this as an automatic increase in CPI. Mr. Johnson discussed the letter from Bureau of Labor Statistics Mr. Olney discussed meeting with Mr. Lindgren and his accountant. Mr. Amo requested an executive session. Council adjourned to executive session at 7:51 p.m. Council returned to regular meeting at 8:05 p.m. Mr. Anderson stated no action is required. LEASE RENEWAL REQUEST/COMMUNITY DUPLICATE BRIDGE AB84-12 #2697 Mr. Swan, the lessee, has requested a one year extension. Based upon the October CPI, this lease would be raised from $198.15 to $203.88 per month plus leasehold tax of $26.18, totaling $230.06. Motion by C. Pachek and J. Adrian to grant a one year lease renewal. Mr. Amo questioned adequate coverage for the amount charged. Ms McCluskey stated the amount charged more than covers utilities. She discussed improvements which the Bridge Club has made. Mr. Amo discussed the need for a senior center for everyone. Mayor Dawkins discussed the drop in senior center in the Soriano building. Question called, carried unanimously. AGREEMENT TO HOUSE PORT ORCHARD PRISONERS IN CITY JAIL AB84-13 #2950 Motion by R. Mosely and E. Sturdivant to approve the agreement between the City of Bremerton and City of Port Orchard to house Port Orchard prisioners in Bremerton city jail sentenced for misdemeanor offenses. Mr. Johnson questioned method for determining extra ordinary medical expenses. Mr. Broughton discussed the jail program for handling ordinary medical needs. Mayor Dawkins discussed coverage of extra ordinary medical needs through the Health Department. Mr. Johnson discussed concern with $25 per day per prisoner. Mayor Dawkins stated the cost to house a prisoner is $12 per day. Question called, carried as follows: 8 affirmative, i abstention (Johnson). AGREEMENT WITH MARINE DRIVE WATER DISTRICT FOR STREET LIGHTS AB84-14 #3145 Mr. Olney discussed billing services the city provides to various districts for water and street lights. Mr. Olney stated the city will be serving as Tape an in between agent. Mr. Olney felt the annual cost of $1.50 per account 103 will adequately cover the cost of billing. Motion by P. Drouin and S. Horning to approve the agreement between the City and Marine Drive Water District for street light billing, carried as follows: 8 affirmative, i opposed (Amo). ALL DAY PARKING RATE FOR PARKING GARAGE AB84-15 #0121 There was discussion regarding if Craven Center lots are included or if this is for the parking garage only. Mr. Olney stated the intent was not to include Craven Center. Mr. Olney discussed parking garage being taken up by ali day parkers. The intent is to make room for short term parkers. Mayor Dawk~ns stated if Council wishes to include Craven Center in short term parking, meters should be installed,' Mr. Pachek left the meeting at this time. Motion by J. Adrian and R. Johnson to approv the rate structure change for all city off street parking for Ampco Auto Parks, carried unanimously. will raise from $2 to $3 per day. Mr., Pach~k returned to the meeting.. COUNCIL REPORTS #0420 B. Amo reported that the Planning Committee will be meeting on Mondays at 4:45 until 5:45 p.m. in the Council offices. P. Drouin stated the Wastewater Facility Committee will meet Thursday, January 5, 1984 at 9:30 a.m. Mr. Drouin discussed progress on the CoUnty/ City Boundry Agreement. The map ready to present to the committee on January 19 R. Mosely stated Public Safety Committee will meet following the Wastewater Facility Committee meeting. SPECIAL REPORTS Mayor Dawkins discussed upcoming problems with PSNS parking being eliminated, and discussed possibility of an emergency meeting. City Council Meeting Minutes January 4, 1984 Page Five SPECIAL REPORTS CONTD K. McCluskey discussed setting land use hearings at a later time on the agenda, and suggested 7:00 or 7:30 p.m. Mr. Sturdivant stated he would encourage a time of 7:30 p.m. Meeting adjourned at 8:40 p.m. KATHLEEN L. McCLUSKEY, City Clerk APPROVED: ART ANDERSON, Council President EXttIB IT "A" General Conditions: 1. This SHORELINE MANAGEMENT MASTER PROGPJ1M PERMIT is subject to the various requirements contained in the Bre~erton Shoreline Master Program, the Brem6rton Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations, tt is the responsibility of the developer to assure compliance with the applicable provisions contained therein. £. The site shall be developed essentially the same as the site plan labeled Exhibit "A'' except as modified to meet conditions of approval listed herein. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval by the City Council, under the requirement of WAC 173-14. 3. The developer is responsible to locate the sewer main and maintain a reference to that 'location. This will be done prior to any work in conjunction with the bulkhead or float system and will be done to the satisfaction of the City Engineer. 4. The City has marked the location of the sewer lateral serving the subject property. The developer shall be responsible to either maintain these markers or in the event the markers are disturbed to cause, at his cost, any further efforts required to locate the line. 5. All phases of project development which may effect erosiop and/or sedimentation shall be conducted only during the months of May through September. 6. The developer shall make adequate provisions for temporary erosion and sedimentation control prior to and during rainy periods encountered during construction. Prior to Issuance of the Buildinq Permit: 7. The developer shall submit to the City Engineer, for review and approval, plans for erosion and sedimentation control during all phases of project development (i.e. grading, landfill, construction of bulkhead and dock). The developer shall also submit plans to the City Engineer for method of erosion control after completion of the project (i.e. reseeding of the area, landscaping). 8. The developer shall contact the U.S. Army Corps of Engineers (Permit Section (206) 754-34957 for design and con'struction requirements of the proposed dock and bulkhead which .will alter the shoreline; appropriate Corps of Engineers permits shall be obtained. 9. The developer shall contact the State Department of Game (Area Field Inspector (206) 357-4120 or (206) 753-3318~ to determine if a hydrolic project permit is required; if so, such permit shall be obtained. lO. The developer shall contact the State Department of Natural Resources (South Puget Sound Area Office ]-(800)-562-6010~ for any necessary leases of State waters abutting the subject property; if applicable, such lease shall be obtained. *These numbers are orovided only ~or the convenience of the developer and are SUDjeCC to change; in any case, the developer must contact these government agencies. page ~2~ ll. The developer shall obtain necessary grading and landfill permits from the City Engineer. 12~ The developer shall submit to the Building Department plans for the bulkhead (engineered footing and wall) prepared by a registered professional engineer. Prior to Issuance of the OccupancS Permit: 13. The developer shall show proof that all applicable permits have been obtained from the Army Corps of Engineers, the State Department of Natural Resources, and State Department of Game. A copy of the permit or letter of exemption shall be submitted to the Planning Department. 14. The devei~oer shall comply with all of the conditions of this permit. Other Requirements: 15. Construction under this permit shall begin within two years and be completed within ~ /ears of the date of this permit. 16. If the dock is constructed before the adjoining residence is constructed and occupied, ramp to the dock shall not be installed or a locked gate restricting entry to the dock shall be install~d~