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HomeMy WebLinkAbout01/25/84 Tape 105 Unapproved #1500 ~OB~ Minutes CITY COUNCIL MEETING MINUTES ~g0~ January 25, 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 25, 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 McCluskey. The meeting opened with the Pledge of Allegiance and the invocation was given by Clyde Pachek. CONSENT AGENDA A. Minutes of January 18, 1984. AB84-33 Motion by J. Adrian and C. Pachek to approve the consent agenda, Item A, carried unanimously. INFORMATION ITEMS AB84-34 #1539 Claims for Damages were presented from Alfred G. Swap, Paul Petrina, Coy's Furniture, George E. Moeller and Sandra E. Blaylock. Lawsuit was presented from Richard E. Adkins. Ail informational items have been forwarded to departments for reports and the city's insurance broker, CLAIMS/WARRANT REGISTER AB84-35 #1566 Claims and 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 warrants 15177 through 15194 inclusive for the Wastewater Facility Project in the amount of $1,548,984.77, carried unanimously. Motion by R. Johnson and S. Horning as of this date the Council does approve for payment the Salary Fund in amount of $289,886.62 and FICA in amount of $12,020.32 for payroll period January 15, 1984, and Employee's Retirement Fund for January 1984 in amount of $2,427.52, carried unanimously. MAYOR'S REPORT #1621 Mayor Dawkins discussed a letter from Rep. Karen Schmidt regarding her co- sponsorship of the bill to increase DOE funding for the Wastewater Treatment Plant. The Mayor read a letter from Frank J. Warneck regarding urban state parks. Mayor Dawkins discussed the upcoming Lions Club telethon on KBRO to raise funds for the eye bank. In answer to an inquiry, Mayor Dawkins discussed problems with two bids for the traffic light timing system which they are attempting to clarify. Mr. Drouin raised the issue of representation in Olympia at the time House Bill 1171 is introduced. Mayor Dawkins stated they will be notified a week in advance of the bill being presented, and discussed efforts to have a bus load of residents present at that time. Mr. Sturdivant discussed an article dealing with the 1988 Clean Water Act which states there will be 1700 new sewer treatment plants built in the country, and stated he has good feelings that Bremerton is building the new plant now. ATTORNEY'S REPORT #1884 Mr. Broughton stated problems with bids for the traffic light timing system have been resolved and the contract is ready to be awarded. Mr. Broughton dis- cussed Council appointing a representative for the Audit Committee in order to proceed with hiring an auditor. PUBLIC RECOGNITION #1935 Ms McCluskey read a letter from Ray Hall, Member of Harrison Memorial Hospital Board of Directors, supporting the storm drain management system resolution, and urging Council to expedite the study for a more equitable method of financing the cost of the entire system . Wayne Caldwell, Business Manager for Plumbers and Pipefitters Local #631, discussed his concern with lack of plumbing inspections in the city. Donna Keel, Teacher in the Bremerton School District, discussed the school levy on the February 7th ballot, and urged everyone present to purchase raffle tickets and buttons to help defray costs of the election.. City Council Meetin~ Minutes January 25, 1984 Page Two ORDINANCE 3888 - ANNEXATION OF THE WASTEWATER TREATMENT PLANT AB84-32 #2232 Motion by C. Pachek and P. Drouin to pass on second reading, AN ORDINANCE to Annex the Wastewater Treatment Plant, carried unanimously. ORDINANCE~ 1st Reading - READOPTING 1982 BUILDING CODE AB84-36 #2276 B. Broughton discussed adoption of the 1982 Building Code on November 9, 1982 and failure to adopt the rules and regulations adopted by the Building Code Advisory Council establishing standards for making buildings and facilities accessible to and usable by the disabled and elderly, and thermal performance and design standards for dwellings (i.e. an energy code). State law requires that the above be adopted by all cities. Concerning the energy code, the city has the option to adopt the Thermal Performance and Design Standards, or the Energy Code. The Energy Code was adopted by Kitsap County and is a more recent, comprehensive and flexible code, this code has been included in the ordiance. R. Johnson expressed opinion that the energy code may be difficult to enforce. Discussion followed regarding additions to current dwellings, and question arose if this will apply to additions, alterations or only new buildings. Chet Meigs, Fire Marshall, stated the energy code applies only to new buildings. Discussion followed regarding handicap code applying to public buildings, with ramps and elevators making them accessible to the handicap. Discussion continued regarding alterations in existing buildings to bring them in compliance with the handicap code. There was discussion regarding a consolidated board of appeals, and possible Tape conflict with the Building Official serving as ex-officio member of the board. 106 Mr. Broughton discussed the Building Official membership as being adequate representation for the city, and stated the Building Official will not be a voting member. Mr. Adrian noted it is not clear if the appeals board decision is mandatory or advisory. John Bates, Building Dept., expressed opinion that the Board's decision is mandatory. Messrs Johnson and Anderson expressed opinion that due to the number of questions, this should be studied more closely prior to approval and passage. Mr. Horning expressed support for the ordinance, but agreed the Board of Appeals issue should be addressed. Motion by S. Horning and J. Adrian to approve on first reading AN ORDINANCE of the City of Bremerton repealing Ord. 3755 which adopts the 1982 Building Code, and readopting the 1982 Building Code so as to include additional standards required by state law, with the exception of Sec, 5: Consolidated Board of Appeals. Mr. Mosely felt there should be a Board for each aspect rather than one consolidated Board. Mr. Sturdivant questioned the section on violation and penalty of $300, and felt this may be a case of double jeopardy as an occupancy permit is required prior to occupying a building. Mr. Bates discussed his understanding that the penalty has been eliminated, as the courts have found this to be a judgement prior to a hearing. Mr. Adrian requested that the City Attorney research the violation and penalty issue prior to second reading. Question called, passed as follows: 6 affirmative, 2 opposed (Johnson, Anderson), 1 abstention (Mosely). Recess 6:45 until 6:55 p.m. ORDINANCE~ 1st Reading - REGARDING PARKING FOR DISABLED PERSONS AB83-598 #0856 Jean Jackson stated commercial pay parking lots should also be exempt along with residential lots and businesses with less than 20 spaces. There was discussion regarding an able bodied person transporting a disabled individual, and being in violation if using a parking stall for disabled. Ms Jackson discussed placing the placard in the vehicle in this instance. Mr. Anderson discussed difficulty of passing the ordinance due to lack of response from the business community. He also discussed difficulties with enforcement, comparing lack of enforcement with vehicles parked in fire lanes. George Allen, former Plumbing Inspector, discussed his attempts to enforce parking for the disabled. Mr. Drouin ex- pressed concern with the manner of enforcement. Mayor Dawkins and the City Attorney indicated parking regulators currently are making rounds for violators, and intent to have police officers make spot checks. Mr. Drouin discussed lack of manpower to enforce current laws and felt enforcing an additional ordinance would be difficult. Mr. Mosely stated in the past, police officers could not go on private property to issue citations. Mr. Broughton discussed changes in state law that now allow enforcement on private property. E. Sturdivant felt education and business owners' concern for compliance is the answer. Mr. Sturdivant felt this is police encroachment on private property, ~nd will require additional personnel, and-st~t~-t~51~ 5~dln~fi~e i§ p~mat~e. City Council Meeting Minutes January 25, 1984 Page Three ORDINANCE~ 1st Readin8 - REGARDING PARKING FOR DISABLED PERSONS CONTD Motion by S. Horning and J. Adrian to approve on first reading AN ORDINANCE amending Ord. 3703 to include provisions prohibiting parking of unauthorized vehicles in stalls designated for disabled persons only, with change to include language that this shall not apply to commercial oay parking lots, failed as follows: ~ opposed (Sturdivant, Pachek, Mosely, Anderson, Dro~in), 4 affirmative, (Horning, Amo, Adrian, Johnson). CHANGE ORDERS 7 & 8 TO CONTRACT C-1 AB84-37 #2031 Motion by R. Mosely and C. Pachek to approve change order 7 for underdrain system of the Administration Building to allow for more rapid escape of water, in amount of $8,690 and change order 8 which combines many smaller changes in order to cut down on the volume of paperwork, in amount of $12,870. Mr. Amo requested a brief recess. Recess 7:30 until 7:35 p.m. Question called, carried unanimously. CHANGE ORDER NO. 2 TO CONTRACT C-3 AB84-38 #2120 Motion by R. Mosely and E. Sturdivant to approve change order 2 for setting a temporary power pole while maintaining power at Pump Station 7, in amount of $8,174.01, carried unanimously. CHANGE ORDER NO. 3 TO CONTRACT C-3 AB84-39 #2161 Dave Baker, Project Manager, discussed the need to relocate the new shipyard sewer line, with a reduction in contract price of $48,669.76. PSNS will do tH~ work, and the City will reimburse PSNS in an amount not to exceed $27,000. Motion by P. Drouin and C. Pachek to approve change order 3 to Contract C-3, carried unanimously. CHANGE ORDER NO. 3 TO CONTRACT C-4~ WATER PIPELINE AB84-40 #2215 Mr. Drouin discussed this change order to the crosstown pipeline, and stated this will be paid by the Water Department. Motion by P. Drouin and R. Mosely to approve change order 3 to modify con- struction of the crosstown water pipeline, in amount of $19,969.12, carried unanimously. ACCEPTANCE OF CONTRACT C-12~ TRAILER-MOUNTED SLUDGE PUMP AB84-41 #2322 Motion by C. Pachek and E. Sturdivant to accept contract C-12, Trailer-Mounted Sludge Pump, carried unanimously. HEARING - SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT AB84-45 #2364 This hearing is on the City's application for the development of a new 10 inch pipeline across Oyster Bay to carry sewerage from Pump Station #14 to Pump Station #13. This has been advertised and posted as required by law. Ms McCluskey read a letter from Irmgard DeVyner, 1430 Madrona Point Dr., opposing the pipeline as proposed for the following reasons: 1) The City does not hold an easement; 2) There is a very real possibility of a ship's anchor catching on the sewer line and pulling it apart, resulting in raw sewerage in Oyster Bay. Such a break would be expensive and difficult to repair; 3) As an alternative it is recommended that the force main be routed westerly on Madrona Point Dr. to Shorewood Dr. then southerly on Shorewood Dr. to Kitsap Way, tying in there to the gravity sewer system. There were no objections to Council members remaining in attendance for this hearing, in response to Mr Anderson's standard conflict of interest question. Carol Saari, Planning Department, briefly outlined the application to install a new ten inch polyethylene sewer pipeline across Oyster Bay. Total lengt~ of the pipeline is 3,132 feet. A portion of the pipeline will be buried and the remaining portion will be placed on the bed of the bay and anchored by concrete blocks. Ms Saari discussed general conditions 1 through 10 as recommended by the Planning Department. Dave Baker discussed the easement held by the City, and stated the project will start beyond the property line. Mr. Baker discussed a change in the proposal to either bury the entire pipeline, or cover the portion placed on the bed of the bay with rocks, to prevent any object from catching and breaking the line. Mr~ Amo felt the decision to either bury or cover the line should be determined prior to approving the permit~ Mr. Adrian discussed previous Council action to approve permits subject to certain stipulations. City Council Meeting Minutes January 25, 1984 Page Four HEARING - SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT CONTD Fred Veatch, representing Ms DeVyner, felt the amount of protection from boat anchors would need to be significant, as anchors are deep and a break would cause sewage in the bay. Mr. Veatch felt a broken line would be almost im- possible to repair. He felt the distance between the pump stations as sug- gested by Ms DeVyner would be more advantageous. Mr. Veatch felt the matter of the easement could be resolved, and inquired if the property will be restored if it is disrupted? Mr. Baked discussed provisions in the contract to restore property. Mr. Amo expressed concern with a plastic line, and in- quired if it could easily be damaged? Mr. Baker discussed the endurance of the polyethylene line, if damaged it could be repaired by divers. He discussed automatic shut off if there is a break, with sewage going through the current Tape line. Mr. Baker felt a depth of 2 ft. to 30 in., which is the depth power and 107 telephone cables are buried, should be used as a guide. Don Proctor, Wastewater Supt., discussed problems that would arise by taking the line up Shorewood Dr. as there is no sewer line at the end. Mr. Proctor discussed the durability of the polyethylene line, and stated he does not feel it needs to be trenched and buried. Mr. Amo indicated if the line does not need to be trenched and buried, funds should not be spent in this manner. Mr. Baker responded that a great portion of the line has to be buried, and the equipment will be there. Motion by P. Drouin and C. Pachek to approve Planning Department recommenda- tions 1 through 10 as shown on attached Exhibit "A", with an additional condition as follows: 11. All pipe installed will be protected as required by the City Engineer, carried unanimously. RESIDENTIAL PERMIT PARKING PETITION/5TH ST. HEWITT TO KIWANIS FIELD AB84-42 #0306 Motion by P. Drouin and R. Mosely to approve residential permit parking on the south side of Fifth Street from Hewitt Ave., to Kiwanis Field, carried unanimously. PUGET SOUND POWER EASEMENT/GOLD MOUNTAIN ROAD AB84-43 #0350 Motion by R. Mosely and S. Horning to approve the Gold Mountain Road easement with Puget Sound Power, carried unanimously. ROBINSON/CHANGE IN LAND USE RESTRICTIONS TO ORDINANCE 3451 AB84-44 #0393 Mr. Robinson withdrew his application for Change in Land Use Restrictions for a parking lot and has been granted a building permit to construct an auto sales development as authorized by Ord. 3451. Council approved first reading of the amendment to Ord. 3451 prior to Mr, Robinson withdrawing his application, Motion by R. Johnson and B. Amo to rescind Council action of first reading of the amendment to Ord. 3451 and Ordinance 3451 shall stand, carried unanimously. MACAULAY & ASSOCIATES - ASSESSMENT ROLL~ DOWNTOWN L.I~D, AB84~46 #0463 Mr. Br0ught~n and Joe Gero, City Planner, presented ihe agreement with Macaulay and Associates. This agreement is for preparation of an assessment roll for downtown L.I.D., a four phase agreement totaling $40,000. Leo Olney, City Trea- urer presented potential sources of revenue as a result of downtown redevelop- ment. Mr. Amo felt redevelopment of downtown must go forward for the residents, but will fail if they are not informed. Mr. Sturdivant expressed concern regarding the amount spent on this project, and felt there should be a limit established. Discussion followed regarding not placing a limit and reviewing each request separately. Motion by B. Amo and J. Adrian to approve the agreement with Macaulay and Assoc., Ltd in the amount of $40,000. Mr. Sturdivant felt uncomfortable with this and suggested a limit of $55,000 for the entire project. Amended Motion by E. Sturdivant and C. Pachek that the City Council put a maximum amount to be spent from this day forward of $55,000 on the downtown redevelopment project until public hearings are held and the L.I.D. Ordinance is passed favorably by Council. Question called on the motion as amended, failed as follows: 6 opposed, 3 affirmative (Sturdivant, Pachek, Mosely). Question called on the main motion, carried as follows: 6 affirmative, 2 opposed (Sturdivant, Pachek), 1 abstention (Mosely) o COUNCIL MEMBERS REPORTS #1675 P~ Drodin discu~s~ attending a class a Viewridge school to discuss construction °~t~e"~eatment plant, and read several thank you letters from students. City Council Meeting Minutes January 25, 1984 Page Five COUNCIL MEMBER REPORTS CONTD B. Arno discussed Sheridan Neighborhood Association concern with lack of bus benches on the north side of First Street. Mayor Dawkins responded he has handled this, and benches will be placed on the north side of the street. A. Anderson stated Council members will have an opportunity to meet Ray Hall, nominee for the Civil Service Commission, Thursday from 5:00 to 5:30 p.m. J. Adrian confirmed the Monday night study session at Yee's, and stated the Mayor and press have been invited. Meeting adjourned at 9:02 p.m. K~THLEEN L. McCLUSKEY, City Clerk APPROVED: ART ANDERSON, Council President E X H I B I T "A" General Conditions: 1. This SHORELINE MANAGEMENT MASTER PROGRAM PERMIT is subject to the various requirements contained in the Bremerton Shoreline Master Program, the Bremerton Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the applicant to assure compliance with the applicable provisions contained therein. 2. 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. Prior to Issuance of the Buildinq Permit: 3. The applicant shall obtain any necessary City Engineer permits. 4. The applicant shall contact the U.S. Army Corps of Engineers (Permit Section (206) 764-3495*) for any necessary permits. 5. The applicant shall contact the State Department of Fisheries (SCAN 234-6600*) for any necessary hydrolic project permits. 6. The applicant shall contact the State Department of Natural Resources (South Puget Sound Office (]-(800) 562-6010') for any necessary right-of-way easements. Prior to Issuance of the Occupanq~_Permit: 7. The applicant shall contact the State Office of Archaeology and Historic Preservation (SCAN 235-1625) should any historic or archaeology remains be found. 8. The applicant shall show proof that all applicable permits have been obtained from the U.S. Army Corps of Engineers, State Department of Fisheries, and State Department of Natural Resources, A copy of the permit or letter of exemption shall be submitted to the Planning Depa r tment. 9. Construction under this permit shall begin within two years and be completed within five years of the date of this permit as required under WAC 173-14-060. 10. The applicant shall comply with all of the conditions of this permit. 11. All pipe installed will he protected as required by the City Engineer.