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HomeMy WebLinkAbout06/06/84 Tape #144 0000 ~APPROVED MINUTES June 6, 1984 The regular meeting of the City Council of the city of Bremerton, Washington, was held in the City Council Cbmmbers, 239 Fourth Street, Br~merton, Washing- ton, Wednesday, June 6, 1984, at 5:30 p.m. with Council President Art Anderson presiding. Also present were Councilmen E. L. Sturdivant, Spencer Homing, Clyde Pachek, Roy Mosely, Bill Arno, and Russ Johnson; Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance and the invocation was given by Spencer Homing. President Anderson noted that under #9 - New Business, items E, F, and G are moved up to Consent Agenda, #2-C. Item #9-J is a pre- sentation frc~ the Planning Department. CONSENT AG~DA A. Minutes of May 30, 1984. #AB84-290 Ms. McCluskey listed the balance of the consent agenda as follows: B. Bid Call Request - Street Improvement Project. #AB84-291 Washington Avenue - 2nd to 6th Street Improvement Project which consists of widening the East side of Washington from 2nd to Burwell; installation of a turn lane frcm 2nd to Burwell and upgrading the Signals to provide coordination. C. #9-E; Cutting Line Agre~nent for Timber Sale #2-84 Cessna Hill #AB84-296. #9-F; Water Syst~ Acceptance - Plat of Skyview. #AB84-297 #9-G; Franchise Acceptance Acceptance #6563 - Right to operate and maintain water mains and appurtenances - State Route #3. ~AB84-298 · M/S/C/U/~osely/Pachek) to approve the consent agenda. C2XALMS~ REGISTER #AB84-292 Warrants #3137 - 3138 i~' the amount of $2,365.70 and warrants 93143 - 3333 in the amount of $145,647.97, presented by City Clerk McCluskey, were audited and certified by Darlene Hermann as required by RCW 42.24.090 and recorded on listings made available to Council. · M/S/C/U/(Johnson/Sturdivant) to approve warrants register as su~tted. MAYOR' S REPORT Mayor Dawkins presented a proclamation honoring Mr. L. Ron H~bhard, American Author, bestowing honorary citizenship in the city of Br~erton. Mr. Hubbard was raised in Br~erton and attended local schools. Present to accept the proclamation, celebrating Mr. Hubbard's Golden Anniversary, was Pete McKenzie. In addition the Mayor presented Mr. Hubbard a plaque cc~m~morating his accom- plishments and in turn, Mr. McKenzie presented the Mayor, City Council, and especially the citizens of the city of Br~nerton a copy of the latest edition of "Battlefield Earth", reading the inscription enclosed. The Mayor r~ninded Council that next Thursday, June 14, 1984, will be the second Annual "Flag Day" ceremony with Captain Wheeler of the Naval Base, tentatively scheduled to be here. It will be b~ld in front of the Chamber of Commerce, just above Park Avenue, closing 4th Avenue. CITY ATTORNEY'S REPORT Mr. Broughten noted that he met in Executive Session on two occasions concern- ing some litigations the City is involved in with a contractor who did sc~e work on Lyon's Field, C. C. Brown Construction. The lawsuit was filed in the amount of $40,000 however, he was able to negotiate a settlement of $6,000.00, with authorization given in Executive Session. He requested a motion to pay the settlsment. · M/S/C/U/(Mose]y/Horning) to authorize payment of the above settlement. Mr. Broughton presented the Council with a small informational pamphlet from the ALIVE program, outlining it's services and the city's involv~nent, includ- ing both the Attorney staff and Police department participation. He stated that plans call for Bremerton Police to distributed the pamphlets in the field, advising victims of violence of their rights, pursuant to State statutes. He stated there was a press conference in his office with Assistant City Attor- ney Mary Killian, who initiated this program, as well as representatives from City Council Regular Meeting Minutes June 6, 1984 UNAPPROVED MINUTES Pg. 2of 6 ~ both the ALIVE program and Bremerton Police deparh~nt. He will furnish a report on how the program is doing at a later date. Li~ITLE BRITCHES RODEO COUR~ PRESENTATION Mayor Dawkins proceededto introduce the court of the "Little Britches Rodeo" in their Annual visit to the City Council. Tina Hilstrom, Queen and Angie Yournger, Princess gave a short presentation of the coming event, noting the dates of June 15, 16, & 17th. PUBLIC ~ITION Jean Jackson, Chairman of the Mayor's Cc~nittee for Disabled, read an article appearing in the "Salute" frc~ Puget Sound Naval Shipyard regarding the penal- ties for parking in a handicapped designated area. She also noted that there were people present who signed the petition eD~bling passage of the Ordi- nance on handicapped parking within the city. Walterine Taylor, 2708 Callahan Drive, thanked the Council for raising the railing on the bridge. She questioned whether the Council was aware that the Bus rates have gone up and cited new rates she incurred. She referred to specifically the rush hour rates. COUNCIL M~BERS REPOgffS Councilman Pachek stated there was a W~SC project Study Session Monday, June 4th and he reported on the progress of C-1 Contract. Councilman Arno stated that the recently formed Charter Amendment Con~ittee needs input of willing citizens to serve. They are to contact the Council Secretary, before Thursday, June 7th when the c~ittee will select at 5:00 p.m. Councilman Russ Johnson invited any staff input on "Goals and Objectives" for 1985 by June 11, 1984. ORDINANCE #3908 - CONNECTION TO PUBLIC SEWER, 2nd. Reading #AB84-281 Ordinance #3908, second reading, amending Ordinance #2654, Sec. 1, and Ordinance #1673, requirements for connection with public sewer language updating. Ms. McCluskey s~nerized the r~s~o frc~ Mr. Adrian regarding the proposed ordinance, addressing his concerns, including the appeals procedure, the 60 days provision covered in Sec. 2 of the Ordinance and 300' being reduced to 200'. Mr. Court Prisk, Director of Field Services, concurred with Mr. Adrian's reccm- mendation regarding appeals and notice. He did not agree with the reduction from 300' to 200 feet. Councilman Anderson questioned Mr. Prisk if he was positive the County has a 300' requirement, as the Kitsap County Health Depar~¥~nt is 200'. Mr. Prisk stated we have been requiring 300' using Kitsap County Ora~nance #55 as refer- ence. He said the 300' is measured along the established right-of-way, or if pre-existing easements exist, therefore not crossing adjoining property owner's land. Measuring will be liberlized in this new ordinance. Mr. Anderson then expressed concern of measuring from the property line given. He thought it was safe to say "from the premise the most logical point of hookup". Councilman Sturdivant asked, if the ordinance stated "from the most logical point of hookup"? Mr. Prisk responded that the Engineer and property owner will determine. Councilman Anderson asked if the premise is the house or the property? Mr. Prisk responded the property the house sits on. Mr. Sturdivant c~,~nted tb~t he has a probl~ with the appeal process. That this is scmething handed him from Mr. Adrian without time for review or study, and with the suggested changes he was in favor of tabling. Mr. Prisk thought the appeal process should be open ended. Mr. Sturdivant did not like to make a decision on scmething piece-meal and not a total draft. Mr. Amo stated everyone has had an opportunity to study the ordinance and that the changes are very slight and he was opposed to tabling at this time. Mr. Broughton thought that the sixty-day provision changed to 180 days should not be a problem. Therefore, it would be 181 days when served by the Engineer and 61 days when served by the Health officer. Mr. Sturdivant again stated that he would still like to see the document in completed form and cc~e back in two weeks to make a decision. · M/S/(Sturdivant/Anderson) to see the doc~nent in cu~lete form and ccme back in two weeks to make a decision. Vote: 2 - In Favor; 5 Opposed (Homing, Pachek, Amo, Mosely, & Johnson). Motion failed. City Council Reg. M~tg. Minutes UNAPPROVED MINUTES June 6, 1984 -- Pg. 3of 6 · M/S/C/(Johnson/Amo) to approve Ordinance #3908 on the second reading with the following addendums; Add new Section #4 to read; Appeal: A Citizen who considers an administrative decision to be unjust has the right to appeal the decision to the City Council within 10 working days of receiving written notice of the requirement to hook-up. Change to Section 2, as follows: Sixty-day provision except for reasons of h~alth or public safety which will require hook-up within 60 days, hook-up will be required within 180 days. Vote: 5 - In Favor; 2 - Opposed (Anderson & Sturdivant). Motion passed ORDINANCE (lst Reading) to Adopt Uniform Plumbing Code - 1982 #AB84-234 The ordinance defines duties of Building official with respect to Uniform codes specifying who may issue permits recovered by the Plumbing Cede. Further the ordinance to adopt is an effort to elevate the code to coincide with other agencies of the State of Washington so that uniformity may be maintained. Mr. Gero stated that he had mot with the Plumbing Inspector, the Acting Fire Chief and, since the Building Depar~_nt will be under the Planning Depart- ment in the near future, the three were prepared to answer any questions the Council may address. A written response to questions frcm Mr. Johnson was distrLbuted. Councilman Johnson expressed concern about compliance. #1716 · M/S/C/U/(Johnson/Pachek) to approve on first reading an Ordinance to Adopt the 1982 Uniform Plumbing Code. NEW BUSINESS - KBRO PROPOSED nFASE/RADIO TOWER #AB84-211 City Clerk McCluskey gave a short narrative of the old Lease stating it was for a period of 10 years from May 1974 through May 1984 at $100.00 per month with no Cost-of-Living index and no insurance provision. The new lease would be for the period of May 1984 through May 1989 with option to renew for 5 years. Rent at $200.00 per month, CPI Index, and include 10 - thirty-second c~%~rcials monthly at no charge. A $1,000,000 insurance pro- vision and termination clause with 20 days notice with cause (due to default) are included. Present was Mr. Doug Hicks if Council had questions. · M/S/C/U/(Pachek/Sturdivant) to approve proposed Lease. MONTHLY COUNCIL MEETING AT HANDICAPPED ACCESSIBLE SITE #AB84-299 Jean Jackson, Chairman of Mayor'~s Cc~ttee on Disability, addressed the need to meet, at least once each month, in a Handicapped accessible site and cited Federal standards (1977) as something the city must do to be in cc~pliance, because the city receives Federal money. She was noting section #504. Question by Councilman Pachek as to how expensive it ~uld be to move the equipment and set up once a month. Mayor Dawkins responded approximately $100.00 per meeting. Councilman Mosely expressed concern that records are not readily available. Ms. Jackson stated that she has asked Council to consider this issue both verbally, and in writing. Elizabeth Buell, 1722 High, related a time when she was on crutches and could not make it up the steps and she was told they would have personnel who would help her. Walterine Taylor, agreed with Ms. Jackson. Councilman Pachek said we will not have a problem as soon as the elevator installation is cc~pleted in September. City Attorney Broughton said the Federal guidelines required a plan to ccmply by October. With the scheduled installation of tb~ elevator we are c~mplying, and a good faith effort on the part of the City is sho~wn. MS. Roland Drewer, Rehab Specialist Counselor in the County and is supporting of section #504 and the good it has brought forth. Ms. Mary Lou Long, 2433 E. Phinney Bay Drive faulted the previous administrations for not complying for several years. Ms. Long further asked if she could address an issue already completed on the Agenda. Councilman Johnson suggested she write a letter or asked to be placed on next week's agenda. Councilman Arno felt argents are not substantial to warrant waiting until the elevator is in, and the cost is minimal. #2995 · M/S/(Arno/Anderson) to move one Council meeting per month to the Sr. Citizens Center, starting with the 4th Wednesday in June. Vote: In Favor - 2; Opposed - 4 (Sturdivant, Pachek, Mosely, Johnson); Abstension - 1 (Homing). Motion failed #3015 · M/S/C/(Horning/Pachek) to moving the Council meetings to the fourth Wednesday, if the elevator is not operable in October; In Favor - 6; Abstention - 1 (Johnson). Motion passed City Council Reg. Mtg. Minutes UNAPPROVED MINUTES June 6, 1984 - -- Pg. 4 of 6 GOLD MC~/~TAIN GOLF COURSE FEE STRUC1T~qES #AB84-293 Mr. Court Prisk gave a short presentation explaining fee structures and changes in playing times, discounts for Sr. Citizens, etc. After reviewing the current fee structure the new Board of Directors for Gold Mount~i n Golf Course recc~m~nd- ed the new fee structure which, if adopted, would better meet the needs of the City in restoring and maintaining the course. Mr. Steve Miller, Golf Professional, stated he met with the present men's club and outlined the desires of the Board. Mr. Fred Stokes said he was disappointed in the changes and resented being told he had to golf at certain time frames because of the cost value. He was not as concerned about the cost as the restriction of play. Councilman Sturdivant felt the fees were moderate. Councilman Homing stated we needed to procede to get the course in top quality shape. Councilman Stur- divant spent several hours along with Councilman Adrian on the fee schedules with the Board. Had Mr. Tyson continued with the city, his intent was also to raise fee structures. Councilman Mosely iD~ired what the fee would be between April and September for semi-annual passes. Mr. Prisk responded $200.00/single and $350.00/couple. Tape #144 #0792 · M/S/C/U/(Amo/Sturdivant) to adopt the new fee structure for Gold Mountain Golf Course. Recessed at 7:27 p.m. Reconvened at 7: 40 p.m. HEARING (CONTINUED) - REZONE R-2 to B-2 OLYMPIC KIDNEY CENTER #AB84-257 Mr. Adkins, a Land use Planner, requested that a continuance of the above request rezone be considered. · M/S/C/U/(Jobnson/Pachek) to continue the above request to Ju~e 20, 1984 at 6:30 or after. (Mosely absent). h~3~P~ING - KERRY INVESTMENTS REZONE & VARIANCE #AB84-300 City Clerk McCluskey stated that the applicant Kerry Investments has requested a Rezone frcm R-2 to B-3 and appealed denial of variance to Section #722 of the Zoning Ordinance. Council President Art Anderson asked the standard Conflict of Interest question. All Council members r~nained. Carol Saari, Planner, stated that the Planning C~LJssion unanimously approved the request for rezone of property located at the North side of 7th Street and west of Park Avenue, and denied the variance request by Resolutions #720 and 721. The request for variance was to permit daily paid parking which is currently prohibited (monthly paid parking currently allowed only). The reasons for disapproval are (1) Special circumstances do not apply to the property and (2) a Substantial property right will not be lost if the variance is not granted. Mr. Bruce Rowe, 3330 Union Sc~are, Seattle, representing Kerry Investments spoke on behalf of the request. He stated that the Br~aerton Zoning Ordi- nance cited (#722) was adopted in 1942. With requirements frc~ the Engineer- ing department, lighting, surface water retention, etc., it was necessary to derive incc~e frc~ this property to meet compliance in addition to paying the taxes on said property. He spoke of the need for daily parking and that the residents, surrounding the area, had no objections. That this area is beccm- ing c~t~L~rcial and the need exists. Ms. Elizabeth Buell, poke in favor of granting the variance for parking. Mr. George Allen, Brownsville Hwy., agreed saying the city was in need of more parking in the general area. Mr. Joe Gero, Planning Director directed attention the four requirements for a variance. Councilman Anderson questioned Mr. Gero whether the use requested would be allowed B-1. Mr. Gero and Planning Staff checked the Zoning Ordinance. B-1 does not allow cc~nercial parking outright. Only B-2 and B-3 Zones allow c~Lu~rcial parking outright. ~2117 · M/S/C/U/(Horning/Pachek) to approve the request for Rezone frc~ R-2 to B-3 for Kerry Investments. #2198 · M/S/C/U/(Amo/Sturdivant) to deny the request for variance for Kerry Invest- merits. City Council Reg. M~. Minutes UN, PROVED M/NUTES June 6, 1984 Pg. 5of 6 It was noted that the Ordinance needs to be reviewed and amended. Mr. Rowe asked if he could have time for a rebuttal and City Attorney Broughton advised the Council not to open the issue for discussion. If Mr. Rowe wanted to respond, he should do so in writing for consideration. HEAPd/~G- DR. JOHN M. DOYLE #AB84-301 Ms. McCluskey presented a request for rezone frc~ R-1 to B-2, S.W. corner of 7th and Chester. President Art Anderson asked tb~ standard Conflict of Interest question. All Council members remained. Mr. Bob Duffy of the Planning Depart~_nt reviewed Resolution #722, reccm~ending approval of Rezone frcm R-1 to R-2 unanimously. The purpose is to provide better parking facilities to their adjoining place of business. Mrs. Doyle was present to speak in favor of the request. She said they (she and her husband) would prefer zoning of B-2 which their business is zoned, how- ever, would be comfortable with R-2. Ms. Elizabeth Buell spoke in favor of the rezone and stated she is a patient of Mr. Doyle's and would appreciate better access to the facilities. Councilman Homing asked would B-1 allow parking without special use permit and added that the current clinic is zoned B-2. Mr. Duffy stated that parking tied to a specific use, such as a clinic, is r ..equired by the zoning ordinance to fulfill the needs of the specific use, such as tb~ clinic, irrespective of the zone. Parking tied to a specific use in any zone is different than cc~mer- cial parking which is allowed only in specific zones. B-1 does not allow c~¥,ercial parking outright or even with a special use permit. Only B-2 - B-3 zones allow c~,t~_rcial parking outright. Tape #146 #0264 · M/S/C/U/(Horning/Mosely) to approve a rezone from R-1 to B-1 for Dr. John M. Doyle. SHOBV3JNE PERMIT FOR C~FICE/GARY LINDSEY #AB84-658 Reference Council minutes September 31, 1983, regarding Shoreline subtantial Development Permit and variance - Lindsay & Loi~, and motion granting same December 21, 1983. Mr. Gero and Carol Saari presented a report to the Council concerning the Gary Lindsey Shoreline Permit, specifically the five (5) foot side setback. The City Council approved the permit on December 21, 1983, with the condition of the Shoreline permit requiring a five foot South side setback. Mr. Franco, adjacent property owner to the South is expressing concern whether the setback referred to the building or retaining wall. It is not clear in the motion, meeting of 12/21/83, whether the five (5) foot setback refers to the building or concrete retaining wall. Mr. Franco's Kin concern is the possible obstruc- tion of the view and natural light to the lower unit of his apar~%~_nt. Councilman Homing wanted to know if we needed to schedule and advertise if we did not substantially change the motion. If we stated, yes, this was the intent, wouldn't the subject be over? Mr. Gero stated they were two alternatives; (1) the Council intended when the motion was made that the structure be setback and that is the decision made and affirmed. (2) the other option is to direct the Staff, in view of the information presented in the report, to advertise for a public hearing and re- consideration of the Shoreline permit. Councilman Amo asked an opinion of the City Attorney that, since he was not present at the original decision, should he refrain frc~ participation. City Attorney Broughton agreed that he should step down. Councilman Mosely stated no retaining wall was mentioned in the original presentation. Councilman Mosely brought attention to Mr. Franco's letter, para. #4, referencing he and Councilman Anderson expressing ligitimate concern that "constructing a building that close to the existing duplex would block not only all of the view but the natural light as well" Councilman Anderson stated he had wanted building to be moved back. City Attorney Broughton stated t~ Council's intent was for a 5 foot setback, for the building, however, the motion did not specify the building and results in some confusion. In his opinion, Council would not need to have a special hearing, because at the time of issuing the building permit it could require City Council Reg. Mtg. Minutes UNAPPROVED MINUTES June 6, 1984 Pg. 6 of 6 that the building have a 5 foot setback to approve permit. Councilman Anderson agreed that there was no mention of the wall and he and Mr. Mosely still have concern. He does not remember seeing the drawing at the time of the original decision. Councilman Homing discussed the property owners right to use his property and City Attorney Broughton cautioned that since council was discussing merits of the permit, we needed to schedule a public hearing. Tape #146 #0959 · M/S/C/(Mosely/Pachek) to set another hearing to clarify intent of granting the Shoreline permit as regards setback requir~nents. Before Council voted on the issue, Attorney Broughton asked for Executive ses- sion at 9:15 and reconvened at 9:28 p.m. Vote: In Favor - 4; Against - 2; (Homing & Sturdivant). Councilman Arno returned to the meeting. Motion passed RESIDENTIAL PERMIT PARKING; PACIFIC AVENUE E. SIDE FR. 9TH TO llTH #AB84-294 On February 15, 1984, City Council approved an application for Residential Parking at the above location. At the time of posting the property, several concerns were raised and the Engineering department was asked to do a further investigation as the majority of the area is cc~m~_rcial, has parking meters and is a red zone (no parking). The recc~mendation is that the petition should be denied. #1113 · M/S/C/U/(Pachek/Johnson) to deny residential parking permit. RESIDI1WTIAL PARKING ZONE ~50 - R~QUEST TO RESCIND #AB84-295 A petition for residential parking was approved by Council on May 9, 1984, by Resolution #2023. The residents of the area, have now petitioned to rescind the residential parking zone. Of the nineteen (19) original signers, thirteen (13) signed the petition to rescind. Remaining signers do not constitute 2/3rd of the residents as reguired by ordinance. #1122 · M/S/C/U/(Mosely/Horning) to repeal Resolution #2023, rescinding Zone #50. UNIVERSITY OF ~ASHINGTON/TSMPORARY 5MPLOYEES (PLANNING DEP~) #AB84-285 Mr. Joe Gero, Planning Director, gave a short narrative regarding hiring stu- dents from the University of Washinoton as s~..L~r help at an estimated salary of $4.76 hour, for a sixteen week period. Councilman Sturdivant objected to an hourly rate and favored a set monthly salary. Mr. Gero countered that he objected to monthly salary because he may be put in the position of paying sc~eone for hours not worked; I.e., sick leave, etc. #1234 · M/S/C/U/(Johnson/Mosely) to approve the hiring of ter~porary help in the Planning Department, total allocation, not to exceed $9,000.00. RESOLUTION #2034 - GOLD MOUNTA/N GOLF FEE. STRUCIIRRE City Attorney made note that the Council will need to pass a resolution, although the Council has already adopted tb~ new fee structure. #1238 · M/S/C/U/(Sturdivant/Amo) to pass Resolution #2034 regarding Gold Mountain operation and fee schedule. Meeting adjourned at 9:37 p.m. KAT~L'~:'~:~ L. MCCJ3JSKEY, City ClerR APPROVED: KLM/cj S CC: Normal Distribution File/Vault