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HomeMy WebLinkAbout05/23/84 CITY COUNCIL MEETING MINUTES ~-- May 23, 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, May 23, 1984 at 5:30 p.m. with Council President Art Anderson pre- siding. 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, Asst. City Attorney Mary Killian and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance and the invocation was given by Russell Johnson. CONSENT AGENDA A. Minutes of May 16 and 17, 1984~ AB84-259 Motion by J. Adrian and R. ~{oseiy to approve the consent agenda, item A, as presented, carried unanimously. INFORMATIONAL ITEMS AB84-260 #0014 Claims for damages were submitted from Paula L. Miller and Sharon L. Kno~. Claims have been forwarded to appropriate departments for report and the city's Risk Manager. WARRANT REGISTERS AB84-261 #0025 Warrants 2824 through 3130 inclusive in amount of $2,589,679.35 and warrants 2016 through 2019 inclusive and 2813 and 2814 in amount of $24,662.19 audited and certified by Darlene Herrmann as required by RCW 42.24.090 have been recorded on listings made available to Council. Motion by P. Drouin and C. Pachek to approve for payment those warrants for the Wastewater Facility Construction Project in the amount of $2,324,248.49, carried unanimously. Motion by R. Johnson and E. Sturdivant to approve for payment remaining warrants in the amount of $290,093.05, carried unanimously. MAYOR'S REPORT #0063 Mayor Dawkins discussed a meeting with the Bremerton Rotary Club at the Senior Center on Nipsic, and stated a plaque will be presented at their next meeting. The Mayor discussed the meeting on ~y 24th at 7:00 p.m. in the Sheridan Park Community building pertaining to Economic Development of Bremerton. In response to an inquiry, the Mayor indicated it was difficult to assess the parade on Wheaton Way due to the weather. Mayor Dawkins stated prior to the parade, he received word via a telephone call that the shipyard could not be used as the assembly area. Mr. Amo raised the issue of illegal logging in one of the city parks. Mayor Dawkins stated Parks Department personnel will be investigating this. Mr. Sturdivant inquired into the auto center security system. The Mayor responded that assignments are being drawn up and other details are being worked out. He in- dicated there will be an ordinance covering this operation. In response to a request from Mr. Drouin, Mayor Dawkins stated Colleen Donley, Block Grant Coordinator, will have a report on Block Grant fund projects at the next Council meeting. ATTORNEY'S REPORT #0295 Ms Killian discussed sewer contract with Kitsap County District #1 and expressed concern with type of requirements that should be included in the contract and if the county should service the needs. Mr. Amo informed Ms Killian the Planning Committee has completed their study of the right-of-way permitting ordinance and it is now in the Planning Director's office. Joe Gero, Planning Director, discussed the proposed annexation and indicated this has been referred to the city. Mr. Horning inquired if the annexation proposal is in written form? Ms Kiltian responded this can be provided. PUBLIC RECOGNITION #0377 Mary Lou Long, 2433 E. Phinney Bay Dr., discussed a letter from the city stating her questions regarding the PILOT would be on the agenda, and questioned why this is not on the agenda. Leo Olney, City Treasurer, indicated he had not completed his research. He stated this will be on the agenda for the next week's meeting. City Council Meeting Minutes May 23, 1984 Page Two PUBLIC RECOGNITION contd Ms Long indicated she contacted the IRS and they indicated this is not deduct- able. She indicated she is still imterested in pursuimg this as she feels the sewer users have a right to know exactly how the money is being allocated and how much goes back to the city for payment in lieu of taxes. She discussed a ULID form of financing and feels the people should be given the option to to determine which is the best method of financing the new treatment plant. Gil Johnson, General Chairman of the Armed Forces Committee, stated there were 150 units entered in the Armed Forces Day parade with 140 units participating. He indicated response from eastside merchants was favorable as well as those viewing the parade. He stated contrary to reports in the newspaper, the parade did start on time. Elizabeth Buell, 1722 High Ave., discussed a truck parking on her street which blocks her waterfront view. She asked the driver to park the truck further up the street so her view wouldn't be blocked but he has not complied with her request. Mayor Dawkins indicated he will contact the contractor on this project. Mr. A. Franco, owner of property south of the Quarter Deck Restaurant, expressed concern with the proposed retaining wall to be built in conjunction with the building. He discussed his understanding that the building is to be built 5 ft. back from the property line and at that time the retaining wall was not addressed. He requested that the retaining wall also be set back 5 ft. from his property line. A. Anderson requested staff to check into this and provide Mr. Franco with answers. COUNCIL MEMBERS REPORTS #0948 R. Johnson discussed attemding a session the previous week pertaining to city planning and organization and indicated he is hopeful the presentor will be in Bremerton in the near future. B. Amo, Charter Amendment Committee, encouraged Council Members to recommend _ citizens for the committee and subjects they would like the committee~to address. This information should be given to the Council secretary. P. Drouin stated the Wastewater Committee will ~eet May 24th at 9:30 a.m. A DOE representative will be present, and an update received from the Project Manager and Project Engineer will be presented. Mr. Drouin discussed attendance of an Association of Washington Cities seminar ~he previous Friday. R. Mosely, stated the C~uncit.Public Safety Committee will meet following the Wastewater Committee meeting. He indicated this committee is working on a number of items concerning public safety. C. Pachek discussed the topic of the Association of Washington Cities seminar, and effectiveness of the information as it pertains to the Council. E. Sturdivant and J. Adrian discussed the golf course Board of Director meeting, and indicated they hope to have revisions of golf fee schedule before Council in the near future. ORDINANCE 1st Reading - ADOPTING 1982 UNIFORM ~LUMBING CODE AB84-234 #1168 Ms Killian stated the main goal is to adopt the 82 UPC but not all the apendices as has been the practice in the past. Ms Killian briefly reviewed the changes in various sections, and stressed that there should be someone in the Building Department that is a specialist in plumbing to serve the public. Ms Killian indicated section 7 is a clarification of the prior plumbing ordinance and attempts to comply with state requirements. Chet Meigs, Acting Fire Chief, suggested postponing action on this ordinance until the Building Department ex- pert is present to interpret the ordinance. Discussion followed regarding rami- fications if this is not adopted prior to state law becoming effective. Mr. Amo felt Council should not amend or repeal the current ordinance until they fully understand this amending ordinance. Mr. Meigs indicated Council does need to adopt the code, but questions if all language needs to be adopted. Mr. Anderson inquired if this ordinance would pzeclude home owners from doing work in their homes? Ms Killian indicated home owners would not be effected. George Allen discussed method of compiling information contained in the UPC and suggested adopting the code as written with no exceptions, including all appendices. He indicated plumbing functions should be handled by the Health Department as this concerns health and sanitation. City Council Meeting Minutes May 23, 1984 Page Three ORDINANCE 1st Readin~ - ADOPTING 1982 UNIFORM PLUMBING CODE contd Motion by ~. Mosely and B. Amo to table for one week. Mr. Johnson indicated he wQuld like further discussion prior to a tabling motion. Motion and second were withdrawn. ~here was discussion regarding fees stipulated in the ordinance. Mr. Horning suggested a one week postponement may not be adequate. Motion by R. Mosely and C. Pachek to table for two weeks, carried unanimously. Recess 6:37 until 6:45 p.m. HEARING - OLYMPIC KIDNEY CENTER R-2 to B-2 AB84-257 #2178 This hearing was continued from the Hay 16, 1984 meeting. Mr. Sturdivant ex- cused himself due to conflict of interest. Mr. Gero discussed a letter from Mr. Bearbaurer which includes written power of attorney from the property owner requesting the applicant for Olympic Kidney Center t~ seek rezoning of the entire parcel. They are also requesting a two week postponement. Motion by R. Mosely and C. Pachek to grant a two week postponement and schedule this continued hearing until June 6, 1984 at 6:30 in these Council Chambers, carried unanimously. Mr. Sturdivant returned to the meeting. HEARING - ROWND-MULLER COMPANY R-1 to B-3 AB84-265 #2370 This hearing is in response to a request for rezone from R-1 to B-3 with site located in the 900 block of Adele Ave. The Planning Cou~aission recommends ap- proval. This hearing has been advertised and posted as required by law. No correspondence was received in the Clerk's office. All Council Members remained im.attendance for this hearing in response to Mr. Anderson's standard conflict of interest question. Bob Duffy, Planning Department, discussed the application for rezone from R-1 to B-3 with any use permitted in a B-3 zone. Mr. Duffy stated the Planning Commission unanimously recommended approval. Mr. Duffy briefly hi-lighted the Findings of Fact and emphasized that traffic generated from B-3 zone uses would be greater than R-1 zone uses. Mr. Duffy discussed the applicant's statement to construct a new facility adjacent to the requested rezone property. The rezoned property would be used to construct a parking lot for the new medical facility. In discussing the background information, Hr. Duffy indicated a resi- dential structure at the site is to be moved and a single family dwelling is currently located in the southwest corner of the site. Mr. Duffy discussed surrounding zones as B-2, B-3 and C. There were no major concerns or objections from other city departments. Mr. Duffy discussed uses allowed in a B-3 zone. In discussing the conclusions, Mr. Daffy indicated the proposed rezone would be consistent with Bremerton Area Plan policies, would be compatible with adjacent land uses and would provide more intense use of the subject property while being compatible with adjacent land uses to the north and east. He indicated that according to information available, no significant adverse environmental or public service impacts have been idenfitied in conjunction with the proposed re- zone. The existing infrastructure and utilities which serve the property are capable of supporting urban levels of service. The public ROW's would most likely accommodate any additional traffic. A separate environmental checklist will be required for the redevelopment of the southwest portion of the site at the time of construction. Don Robertson of Bremerton Clinic and applicant, discussed the current building as no longer being adequate and their intent to build a new larger building. They are requesting rezone of the adjacent site to construct a parking lot for the medical facility. Mr. Robertson indicated there would be no significant changes in traffic patterns. Mr. Amo questioned the need for the most intense zone. Hr. Anderson requested clarification that construction would not take place on the top of Bertha Ave. and asked if the greenbelt would remain. Mr. Robertson indicated that is correct. In response to an inquiry from Mr. Drouin, Tape Mr. Robertson indicated the single family dwelling currently on the site will 139 remain. Mr. Amo suggested rezoning to B-1. Discussion followed regarding screening requirements. Mr. Duffy indicated screening is required on the property between businesses and the street with the exception of driveways. Mr. Duffy discussed screening requirements between commercial and residential zones. In response to an inquiry from Mr. Drouin, Mr. Duffy discussed front, side and rear setback requirements. Mr. Adrian inquired if Council may provide for SEPA provisions? Mr. Duffy responded yes. Mr. Duffy discussed the environmental checklist requirements in response to an inquiry from Mr. Anderson. Mr. Horning felt that due to size and topography of the site, use of the site would be re- stricted and suggested approving the request for rezone to B-3. City Council Meeting Minutes May 23, 1984 Page Four HEARING - ROWND-MULLER COMPANY R-1 to B-3 contd Motion by E. Sturdivant and R. Mosely to approve the rezone from R-1 to B-3. Mr. Drouin indicated he approves of the medical center and parking lot but felt rezone to B-1 would be adequate. Mr. Amo felt the residents in a business zone should be protected. Mr. Adrian felt concerns would be covered by using SEPA and other restrictions. Question called, failed as follows: 4 affirmative (Sturdivant, Horning, Pachek, Mosely), 5 opposed (Anderson, Drouin, Amo, Adrian, Johnson). Motion by B. Amo and P. Drouin to approve a rezone from R-1 to B-1 and retain the greenbelt on the west and south borders. Mr. Gero referred to setbacks as contained in the parking section of the zoning ordinance and suggested continuing this hearing for one week to determine setback and greenbelt requirements. Mr. Robertson indicated a delay would interfer with bank proceedings. Mr. Johnson indicated the proponent may request a change if the B-1 rezone is approved. Mr. Gero explained that the proponent may not request a change for one year. Messrs. Sturdivant and Mosely requested reconsideration for rezone to B-3 based on sur- rounding zones being B-3 and C. Mr. Adrian expressed concern with environmental impacts. Question called, failed as follows: 4 affirmative (Johnson, Amo, Drouin, Anderson), 5 opposed (Horning, Sturdivant, Pachek, Mosely, Adrian). Discussion followed regarding environmental concerns, setback and greenbelt requirements. Motion by J. Adrian and B. Amo to approve the rezone from R-1 to B-3 and retain the 20 ft. setback of greenbelt on 9th St. The greenbelt requirement is to provide protection to the adjacent residential area from such potential environ- mental effects as noise, light, glare, smoke and noxious fumes, all in accordance with local and state SEPA provision, carried as follows: 6 affirmative, 3 opposed (Johnson, Amo, Anderson). HEARING - COCA COLA BOTTLING COMPANY R~A to B-2 AB84-266 #1207 This hearing is in response to request for rezone from R-1 to B-2. The Planning Commission recommended denial. This hearing has been posted and advertised as required by law. Ms McCluskey read a letter from the applicant requesting a correction in the legal description, which results in the rezone request for the eastern half of the site and excluding the parking area. Ail Council members remained in attendance for this hearing in response to Mr. Anderson's standard conflict of interest question. Mr. Duffy discussed the proposal for rezone from R-i to B-2 located at 1600 12th Street. The Planning Commission recommended denial with a vote of 3 - 2. Mr. Duffy indicated the existing use is an allowed accessory use under Sec. 508(4) and is not a prohibited use. He indicated the subject site currently contains a legal non-conforming business use and a parking lot, and there would be no significant increase in traffic. The applicant proposes to expand the building for'additional office space. Mr. Duffy indicated there was an error in the legal description and the parking area to the west owned by the school district, is not being considered for rezone. In discussing conclusions, Mr. Duffy indicated the subject site currently contains a legal non-conforming use and expansion of the current activities could only occur through a rezone. He indicated the subject site is not adjoining other business zones and a rezone to B-2 is not in keeping with Bremerton Area Plan policies. While the current owner's use of the site is compatible with the surrounding area, no control of any allowed use in B-2 zones is available and some allowed uses in B-2 zones would be incompatible with the surrounding area. Potential environmental impacts of some uses could create an undue hardship on the surrounding residential area. Joe Moelders, applicant, stated Coca Cola Bottling Co. had no intention of applying for rezone of the parking area,as this property belongs to someone else, and re- quested the appropriate correction in the application. Mr. Moellers discussed the increase in personnel which requires expanding the building. Area residents speaking in oppositio~to..the rezone were ~a~ia Sagara,~.D~ck , Arcadia, Chris Barner, Kevin Wilson and Mr. 3ensen. Mr. Pachek inquired if the building can be expanded without the rezone. Mr. Gero responded under non-conform- ing uses they cannot expand the building, and indicated a variance would not be appropriate for a non-conforming use. Discussion followed regarding spot zoning, and Council was not in favor of a business zone in a residential area. Motion by P. Drouin and B. Amo to deny the request for rezone from R-1 to B-2, carried unanimously. Recess 8:30 until 8:40 p.m. City Council Meeting Minutes May 23, 1984 Page Five AMENDMENT TO CH2M-HILL STEP II ENGINEERING AGREEMENT AB84-275 #2359 Bob Card, CH2M-Hill, discussed Defense Contract Audit Agency report that in- dicates the overhead rate for work preformed during. 1980 for Step II Gra~t work should have been 2.638% of direct salary costs rather than 2.46% and 2.54% as was used. Mr. Camd indicated that to provide the correct amount of compensa- tion the agreement requires an amendment. Mr. Card indicated the city's share is $3,407.85 with the remaining portion being Grant fundable. In response to an inquiry, Mr. Card indicated the Grant fundable portion would not be available unless the city pays their portion. Mr. Drouin discussed the agreement to pay the rate allowed by DOE, and indicated they under estimated the cost of the design work. Motion by J. Adrian and P. Drouin to approve Amendment #12 to Step II Agreement with CH2M-Hill, carried unanimously. ORDINANCE 3906 - HANDICAPPED PARKING AB83-598 #2675 Motionby B. Amo and S. Homing to pass on second reading "AN ORDINANCE amending Ord. 3703 to include provisions prohibiting parking of unauthorized vehicles in stalls designated for disabled persons only". Ms Buell inquired if this in- cludes persons with heart problems. Jean Jackson, Chairperson on the Handicapped Committee, indicated that effective June 1st two classes of cardiac diseases will be included. Ms Jackson can be contacted for information on obtaining appropri- ate vehicle identification. Question called, carried as follows: 8 affirmative, 1 opposed (Sturdivant). RESOLUTION 2030 - RESIDENTIAL PARKING PERMIT/ZONE 53 AB84-262 #2805 Motion by P. Drouin and J. Adrian to approve Resolution 2030 for residential permit parking on Burwell Place, carried unanimously. RESOLUTION 2031 - ECONOMIC DEVELOPMENT PHILOSOPHY AB84-263 #2847 Mr. Gero referred to recent discussions of staff and Council which identified the lack of an economic development strategy and philosophy. As a result there is probably occuring a stagnation or deterioration of the economic base of the community. Projected events could further seriously erode the economic base of the community and restrict the ability of local government to pay for and-provide services. This resolution is a result of Council request to staff to draft a resolution indicating a positive and selective economic philosophy which should lead to an economic development strategy and enhancement of the community. Mr. Sturdivant objected to the resolution calling for this economic enhancement as its first priority, and discussed other areas of equal importance. He sug- gested it should be considered a high priority. Mr. Gero agreed that Fire, Police and Parks are a high priority and emphasized possible loss of Block Grant funds if economic enhancement is not considered a first priority. Discussion followed regarding the need for Bremerton to move forward and some Council Members felt that if this not considered a first priority, Bremerton would move backward. It was felt that economic development must be a first priority. Motion by R. Mosely and B. Amo to adopt Resolution 2031 to develop a strategy ' Tape for economic enhancement aB its first priority~ 140 Amended motion by E. Sturdivant and P. Drouin to adopt Resolution 2031 to develop a strategy for economic enhancement and delete the words:'' as its first priority". Question called on the amendment, carried as follows: 8 affirmative, 1 Abstention (Johnson). Question called on the motion as amended, carried unanimously. RESOLUTION 2032 - ESTABLISH ADHOC CHARTER COMMITTEE AB84-264 #0118 Mr. Amo, Chairman of the Charter Amendment Committee, encouraged. Council to adopt this resolution to formally establish the committee. He indicated if Council establishes basic ground rules, the committee would be subject to less criticism. He indicated since this is a high visibility committee there is a need to estab- lish operating procedures in a formal, professional manner. Ms Long suggested a freeholders election for the committee to be elected by the community at large. Mr. Sturdivant discussed private citizens as being advisory members. Mr. Sturdivant questioned addressing a different type of government. Mr. Adrian in- dicated that historically the commissioner form of government is being eliminated. Discussion followed regarding number of districts with representation from each district. }ir. Adrian indicated all members of Council are welcome to participate and emphasized that the voters will make any final decision regarding changes. Motion by J. Adrian and C. Pachek to pass Resolution 2032 establishing an Adhoc Charter Committee, carried unanimously. City Council Meeting Minutes May 23,!1984 Page Six FIRE CHIEF SALARY ADJUSTMENT AB84-276 #0478 Dave Hiestand, Personnel Director, discussed the vacancy of this position since November, 1983 and lack of response due to the salary level being approximately $3,000 below the prevailing state wage for cities' of like size. Mr. Hiestand requested a revised salary of $40,750 per year for the position of Fire Chief. Motion by J. Adrian and S. Horning to approve a revised salary of $40,750.00 per year, carried unanimously. HOLLY TERRACE WEST LONG SUBDIVISION/PAC-TECH ENGINeeRING AB84-267 #0582 Motion by R. Mosely and J. Adrian to set the date of June 13, 1984 for a public hearing to consider the Planning Commission recommendation on the preliminary plat for Holly Terrace West long subdivision, carried unanimously. REVISION TO SHORELINE PERMIT #73-83/BEACH PIPLINE CONTRACT C-6 AB84-268 #0640 Dave Baker, Project Mgr., explained that approximately 800 ft. of sewer main had been missed in the design. This is less than 10% of the original length of the pipeline and therefore can meet the requirements of WAC 173-14-064. b~tion by P. Drouin and C. Pachek to approve the revision and authorize the Council President to sign the letter, carried unanimously. CHANGE ORDERS TO WASTEWATER FACILITY CONSTRUCTION PROJECT CONTRACTS AB84-268 #0762 Motion by R. Mosely and C. Pachek to approve the following Change Orders: #9 to Contract C-i, #4 to Contract C-3, #8 and #9 to Contract C-4, #3 to Contract C-5 and #2 to Contract C-13. Mr. Amc inquired if C.O. #8 to C-4 will be up to stand- ard since less costly asphalt will be used to restore the street due to this street being included in the 6-year plan? Mr. Baker indicated this will be a complete asphalt repaving from curb to curb as this is the area where water lines are being installed in conjunction with sewer lines. Question called, carried unanimously. Meeting adjourned at 9:40 p.m. KATHLEEN L. McCLUSKEY, Ctty~ APPROVED: