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HomeMy WebLinkAbout04/11/84 Tape 121 Unapproved #2150 M.i:~es CITY COUNCIL MEETING MINUTES ~0~ April 11, 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, April 11, 1984 at 5:30 p.m. with Council Vice President Jim Adrian presiding. Also present were Councilmen E. L. Sturdivant, Spencer Homing, Clyde Pachek, Roy Mosely, Phil Drouin, Bill Amo and Russ Johnson, Mayor Morrie Dawkins, Attorney Bill Broughton and City Clerk Kathleen McCluskey. Council President Art Anderson was absent. The meeting opened with the Pledge of Allegiance and the invocation was given by Spencer Homing. Ms McCluskey stated item 8A was removed from the agenda. CONSENT AG~XIDA A. Minutes of April 4, 1984. AB84-165 Motion by R. Johnson and S. Homing to approve the minutes of April 4, 1984, carried unanimously. INFORMATIONAL IT[~4S AB84-166 & AB84-167 ~2178 A. Claim for Damages was submitted frc~n Robert R. Olmstead. This claim has been submitted to the appropriate department for report and the city's insurance carrier. #2187 B. Street use request was submitted from the Gold Wing Road Riders Association for their 2nd annual Benefit Run on May 6th. This event is being coordinated with the Fire and Police Departments. WARRANT REGISTm~ AB84-168 #2202 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 Council. Motion by R. Johnson and C. Pachek as of this date the Council does approve for payment warrants 2019 through 2229 inclusive in amount of $246,144.45 and warrants 2000 through 2004 inclusive and warrant 2230 in amount of $80,326.80, carried unanimously. MAYOR ' S REPORT #2255 Mayor Dawkins presented a Certificate of Appreciation to Mary Roy Wilson, Traffic Engineer, for designing a sDecial sign for the disabled placed at Frances Haddon Morgan Center. There are a total of six signs in use, which may be used state wide. Mr. Adrian stated Council appreciates Ms Wilson's efforts in the past and she had done a "great" job in traffic engineering. Mayor Dawkins stated he will be the guest speaker at the West Bremerton Merchants Association meeting Thursday mernin~ at the E1 Camino restaurant. Mr. Drouin commended the Mayor on an excellent report regardln~ the city hall elevator and discussed alternate #1 contained in the report. The time fr~ Would be 90 - 120 days and possibly longer due to time allowed to call for bids. Mr. Drouin requested an update on Block Grant Jobs Bill funds at the next meeting. Mr. Drouin indicated a decision should be made regarding irrigation rates for multi-family dwellings. He emphasized this special rate is not automatic, but must be applied for. Mr. Drouin discussed inquires the Wastewater Facility Committee has received regarding changing the rate structure. He indicated the rates as established by Ord. 3824 were used to sell the bonds and cannot be changed. ATTORNEY ' S REPORT #2737 Mr. Broughton responded to questions frc~n the pervious week's meeting regarding House Bill 596 pertaining to 1982 State Building and Fire codes. Mr. Broughton in- dicated it is mandatory for cities to adopt the codes, however they may choose to eliminate certain portions as long as a general criteria is followed. Mr. Broughton suggested Council should adopt the 1982 UFC as soon as possible. Mr. Johnson felt some portions of the code are not feasible. Mr. Broughton suggested experts from the Fire Department should discuss each requirament and then a deter- mination can be made. Mr. Adrian stated Kitsap County eliminated a number of sections and suggested the Council Public Safety Committee address this issue end make a recommendation to Council. Mr. Broughton requested a list of specific facts regarding the Right-of-Way Permit- lng Ordinance. He indicated the B&O Tax Ordinance will be before Council at the next n~ccting. He discussed a proposed form to be submitted to Planning on rezones to allow more enforcement for contract rezones. Mr. Broughton discussed a proposed Professional Services Contract for a consultant to assist in negotiations with Cable TV. Mr. Adrian requested the Council Planning Cc~m~ttee review the right- of-way permitting ordinance and submit a report to Council and the Planning Director. City Council Meeting Minutes April 11, 1984 Page Two ORDINANCE 3897 - AMEND SECTIONS RET,ATING TO ANIMAL CONTROLS AB84-159 Tape Sgt. Rogers, BPD, briefly reviewed changes of definitions in the amending ordinance. 122 Richard Wells strongly objected to the "pooper scopper" section. Discussion followed regarding enforcement and legality. Nancy McCord, Animal Control Officer, indicated the ordinance is designed to allow enforcement mechanism when there are co.~laints, and feels this is not a problem. In answer to inquiry, Ms McCord indicated the "pooper scopper" is a new section being adopted on a regular basis in many areas. ~Motion by C. Pachek and R. Mosely to pass on second reading "AN ORDINANCE amending Ord. 3745, ~ 2, 4, 5, and 9", carried unanimously. RESOLUTION 2010 - SET LID HEARING DATE/DOWNTOWN REDEVEID~ ASSESSMENT ROLL AB84-17% ~0251 Mr. Broughton reviewed attempts by staff to establish boundary areas and an assessment roll, and subsequent contract with Mr. McCauley. Mr. McCauley has recc~n~nded an LID boundary, and the purpose of the hearing is to allow property owners within this boundary to give testimony before Council. Mr. Broughton discussed the procedure of the hearing to be held May 31st at 6:00 p.m. Mr. Mosely inquired if the meeting will be held at the Great Northwest Building. Discussion followed regarding lack of quality recording at off-site locations. Discussion continued regarding delay- ing passage of this resolution to determine the location for this hearing. Mr. Broughton discussed statutory limits regarding publication of the hearing. Me determined a one week delay would be acceptable. Motion by E. Sturdivant and S. Homing to table passage of Resolution 2010 for one week to determine the location for the LID Hearing. Mr. Drouin felt it would be wise to look into purchasing additional recording equipment for off-site mcctings. Question called, carried unanimously. GOLD MT. GOLF COURSE OPERATIONS & RESOLUTION 2016 AB84-169 ~0610 Court Prisk, Field Services Mgr., discussed operating procedures for managing the golf course prepared by the Golf Professional with the Ground Supt concurring, which reviewed and modified where appropriate by the ~rks bupt and Golf Course Advisory Cosmittee. The operating procedures establishes a Board of Directors responsible to Council, as well as establishing fair and consistent rules, sets forth specific responsibilities for management and decision making. Mr. Prisk rec~uended that Council approve the operating procedures by adopting Resolution 2016 and that the Council President appoint two Council Members, one from the Budget & Finance Conraittee and one from the Planning Cc~mittee, to serve as members of the Board of Directors. Mr. Prisk reviewed the operating procedures and discussed ~stablishing a master list of individuals currently using private golf carts. Those individuals shall pay an annual fee. From 1984 forward, no individual shall be allowed to use a private cart unless his/her name is on the master list. Mr. Prisk discussed a five year capital improvement program to be established by the Board of Directors which shall be financed soley out of the golf course fund. Mr. Arno expressed opinion that it is not in the best interest of the city to continue to allow use of private carts and suggested a "drop dead date". Mr. Prisk indicated the life of the carts is approxi~stely 5 years, and feels when golfers understand the program, use of private carts will be discontinued. Mr. Sturdivant objected to the two Council Members being selected from the two con~mittee specified and felt Council as a whole should determine winich two Council Members will serve on the Board of Directors. Motion by E. Sturdivant to change Section 3. to read "... and comprised of two members of the City Council, the Director of Field ..." Discussion followed regard- ing the past procedure of the Council President appointing members to various c~,~,ittees and boards. Mr. Johnson discussed the capital improvement program, and felt the funds should be used for Parks capital improvements. Mr. Prisk suggested changing the tim~ period for the capital improvement program from 5 years to 3 years. Mr. Broughton suggested looking into the capital improvement program at the end of 3 years and detelmlining where the funds should be used. Mr. Drouin suggested a PILOT to cover employee time, and also suggested a special rate for city residents. Mr. Mosely agreed the procedures should contain a PILOT (payment in lieu of taxes). Leo Olney, City Treasurer, indicated the city receives taxes back from the county and state, however, the city does not collect B&O Tax, as the property is not in the city limits. Earl Lawrence, President of the Men's Club, recc~nended that the transition to city operation be smooth. He discussed the need to put money into the course to bring it up to par with other courses. He indicated he is aware of the capital improvements program and fee structure as outlined in the procedures. Mr. Johnson expressed objection to all net profit from the operation being used exclusively for golf course capital improvements. Motion died for lack of second. Motion by E. Sturdivant and B. Arno to pass Resolution 2016 and to approve the Gold Mt. Golf Course Operations procedures with the following changes: Sec. 2 to read "Net profit from the golf course operation shall be used for golf course capital improvements through Budget year 1986." Sec. 3 to read "A Board of Directors for the golf course shall be formed and comprised of two members of the City Council, Director of Field Services, City Treasurer, Parks and Recreation Director, Golf Pro- fessional, Golf Course Supt. and the Concessionaire." City Council Meeting Minutes April 11, 1984 Page Three GOLD MT. GOLF COURSE OPERATIONS & RESOLUTION 2016 CONTD Mr. Drouin expressed opinion this should only be for the budget year 1985, Question called on the operating procedures, carried as follows: 5 affirmative, 3 opposed (Mosely, Drouin, Johnson). Question called on Resolution 2016, carried as follows: 5 affirmative, 3 opposed (Mosely, Drouin, Johnson). Recess 6:55 until 7:10 p.m. HEARING - CHANGE IN LAIN]) USE RESTRICTIONS/SEATTLE REALTY AB84-174 #1954 This hearing is a change restriction to permit signing on the north side of the building facade. The Planning Commission unanimously recommended approval. The hearing has been posted and advertised as required by law. No correspondence was received by the Clerk's office. Ail Council Members remained in attendance in re- sponse to Mr. Adrian's standard conflict of interest question. Kay Wilson, Planning Department, described the site location at the northeast corner of Kitsap Way and Shorewood Drive. Ms Wilson discussed the proposed changes to permit four 2 ft. x 8 ft. signs mounted on the office building above the doorways to offices with entrances at ground level on the north side of the building. Ms Wilson discussed background information and previous sign restrictions according to Ord. 3682. In discussing Planning Commission conclusions, Ms Wilson indicated the proposed signing meets all zoning ordinance requirements, and is generally consistent with Bremerton Area Plan policies and intent of Ord. 3682, to protect the adjacent residential areas from adverse impacts of the subject commercial development. Any lighting of the signing should be low key and shielded to protect the residents to the north and east. Ms Wilson discussed Planning Commission re- commendations based on SEPA, WAC 197-10 and Ord. 3306 as follows: a. To protect adjacent residential areas from adverse light and glare impacts of the subject commerical development: 8.d. Details for signing in addition to complying with sign regulations in the zoning and building codes shall comply with the following: (2) Any signs facing the residential areas north and east of the site, when lighted, shall be from a lighting source which is shielded so that said source cannot be seen by off-site vehicular or pedestrian traffic or from adjacent residential areas. Mr. Broughton discussed prohibiting of signs on building facades which would other- wise be permitted by the zoning ordinance. However, it is legal to control such impacts as light and glare under SEPA. There was discussion regarding the ability of Council to restrict signing but cannot restrict rezones. Mr. Broughton explained Council can restrict rezones to some extent, but not when something is specifically allowed in the zoning ordinance. He discussed a number of restrictions Council can and cannot place on a rezone. He stated the zoning ordinance does not address color, alumination, size, etc. Steve Alstrum, representing Seattle Realty, discussed the intent to allow tenants in the business level to have signs to identify their businesses. He discussed the sensitivity of the developer to the area and indicated they will support Council action. In addition to the lighting for the signs to identify the businesses, he felt the lighting would provide a degree of security and safety. The meeting recessed to a brief executive session at 7:40 p.m. at the request of Mr. Amo. Tape The meeting reconvened from executive session at 7:45 p.m. 123 Mr. Horning discussed the office building and future potential building on the site at the corner. Mr. Homing supported the proposed signing for the office building, but expressed opinion that these signing requirements should not apply to the future building, as this would have no impact on the residential area. Messrs. Johnson and Adrian agreed with Mr. Horning~s opinion. Motion by S. Horning and C. Pachek to approve this Change in Land Use Restriction to read: 8.d(2) There shall be 5 signs on the office building facing the residential areas north and east of the site, which when lighted, shall be from a lighting source which is shielded so that said source cannot be seen by off-site vehicular or pedestrian traffic or from adjacent residential areas. These signs shall be constructed as proposed by the applicant, carried as follows: 7 affirmative, 1 abstention (Amo). Mr. Horning expressed opinion that it is not reasonable to expect B-3 zone to comply wi~h s~gning ].that is visual only on-site. Discussion followed regarding additional signs being approved by the Planning Commission prior to construction. Motion by B. Amo and R. Johnson that sign requirements in the B-3 zone will be as allowed by ordinance, carried unanimously. Recess 8:09 until 8:15 p.m. City Council Meeting Minutes April 11, 1984 Page Four HEARING - REZONE FROM R-1 to R-2/HIGGIN/CONTD FROM MARCH 28,1984 AB84-152 #0622 E. Sturdivant and B. Amo were excused from this continued public hearing as they were not present for the first portion. Mr. Adrian discussed tabling of this hearing for the purpose of addressing the site plan issue. Mr. Broughton dis- cussed the public testimony portion of the meeting as having been closed at the first session, therefore no additional public testimony can be given. Bob Duffy, Planning Department, briefly reviewed the information covered in the first hearing and Planning Commission conclusions. In response to an inquiry, Mr. Duffy indicated the zoning ordinance does not define a private club, and the common definition found in the dictonary would be used. Mr. Adrian dis- cussed the size of the lot and felt eliminating some uses in the R-2 zone would be reasonable due to lot size. Mr. Adrian felt the probable uses wQuld be compatible with the area. He expressed concern with the current parking require- ment of one stall per unit and a building permit being applied for after the zoning ordinance is amended. Mr. Duffy indicated the Planning Com~ission will hold a study session regarding parking requirements of the zoning ordinance. Mr. Johnson suggested a review by the Planning Commission for noise polluation if the applicant applies for a private club. Motion by S. Horning and R. Johnson to approve the rezone from R-1 to R-2 with additional clause that in the event this property is developed as a private club, fraternity or lodge, environmental effects of noise shall be identified and mitigated by the Planning Commission, carried unanimously. B. Amo and E. Sturdivant returned to the meeting. HEARING - REZONE FROM R-1 to B-3/BURROWS AB84-173 #1169 This bearing is a request for commercial development at 1151 E. Broad. The Planning Commission recommended approval with a vote of 6 to 1. This has been posted and advertised as required by law. No correspondence was received by the Clerk's office. In response to Mr. Adrian's standard conflict of interest question all Council Members remained in attendance for this public hearing. Bob Duffy briefly summarized the proposed action and outlined background in- formation. Mr. Duffy discussed allowed uses in a B-3 zone. He discussed the Bremerton Area Plan Policies and Sheridan Neighborhood Plan Policies. Mr. Duffy read conclusions into the record as shown on Planning Commission Resolution 707. Mr. Duffy presented slides of the immediate surrounding area. Howard Burrows, proponent, discussed intent to use the site for a barbershop. Mr. Amo expressed opinion that this rezone would be within the scope of the Sheridan Neighborhood Plan and not in conflict with the Bremerton Area Plan. Mr. Amo raised the issue of sewer hook-up requirements for new businesses. Mr. Broughton indicated any business within 250 ft. of a sewer line must hook-up. Also the moratorium has been lifted and hook-ups are mandatory. Motion by B. Amo and C. Pachek to approve the rezone from R-1 to B-3 conditioned upon hook-up to the city sewer~ carried unanimously. MUTUAL AID CONTRACT FOR ALS SERVICES W/FIRE DISTRICTS #1, 7 & POULSBO AB84-170 #1682 Gary Scott, Fire Dept. Training Officer, discussed the addition of the second rescu~ unit which has opened the door for mutual aid with Fire Districts that currently have advanced life support capabilities. By utilization of a mutual aid contract, paramedic services can be called to aid Bremerton emergency medical crews during times of need. This service is reciprocal in that city units will respond to participating county fire districts when requested on an as available basis only. This type of mutual aid for fire support only has been in existence for several years and has been utilized on several occasions with good results. Motion by R. Mosely and C. Pachek to approve the Mutual Aid Contract for Advanced Life Support with Fire Districts #1, #7 and Poulsbo, carried unanimously. EASEMENT - PUGET POWER FACILITIES/McKENNA FALLS ROAD AB84-171 ~1897 Motion by P. Drouin and E.Sturdivant to accept and execute the Easement for underground electric system for Puget Power underground facilities on McKenma Falls Roaa, cmrried unanimously. SOIL ANALYSIS & TOPOGRAPHIC SURVE~OLYMPUS DRIVE SITE AB84-172 #1951 Ms McCluskey submitted a memo from Allan Kane, City Engineer, for informational purposes regarding soil analysis and topographic survey to be performed before any decision relative to use of the site is made. The soil analysis will cost approximately $4500, and the topographic survey and map will be produced by the Engineering Department. City Council Meeting Minutes April 11, 1984 Page Five COUNCIL MEMBERS REPORTS #2015 B. Amo discussed his trip to Olongapo, Philippines, due to a ship check for the U.S. Navy. Mr. Amo discussed the sister-city program with Olongapo, and suggested passage of a resolution to reaffirm this program. P. Drouin discussed the contract with McCormick Tree Farm for sludge disposal to terminate in December, and need to locate another site. Mr. Drouin discussed DOE request not to shut down the Manette Plant until the new plant is capable of secondary treatment. However, if the City will supply necessary information they will consider allowing shut down of the Manette Plant when primary treatment is available at the Charleston site. E. Sturdivant commended the Wastewater Project Committee for a good job. Mr. Sturdivant discussed problems with traffic congestion at Olympic College due to the construction. R. Mosely discussed the value of the Wastewater Project Committee having toured the treatment plant in Yakima. J. Adrian discussed the Audit Committee meeting in conjunction with the Budget & Finance Committee on Tuesday, April 17th. Mr. Adrian discussed the hiring process for hiring an internal auditor for the city. Meeting adjourned at 9:15 p.m. KATHLEEN L. McCLUSKEY, ~ity Clerk APPROVED: JIM~~I~ Council Vice President