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HomeMy WebLinkAbout03/16/83 Tape 9 Unapproved #0861 Minutes CITY COUNCILMarch MEETING 16, 1983 MINUTES~~~ Regular meeting of the City Council of the City of Bremerton~ Washington, was held in the Council Chambers, 239 Fourth St., Bremerton, Washington, Wednesday, March 16, 1983 at 5:35 p.m. with Council President Anderson presiding. Those present were: E. L. Sturdivant Bill Amo Spencer Horning Jim Adrian Clyde Pachek Russell Johnson Roy Mosely Mayor Dawkins Art Anderson City Attorney Broughton Phil Drouin City Clerk M¢Cluskey The meeting opened with the Pledge of Allegiance and the invoca- tion was given by Phil Drouin. CONSENT AGENDA A. Minutes o.f March 9, 1983. AB 83-143 Motion by R. Mosely and R. Johnson to approve the minutes as presented, carried unanimously. INFORMATIONAL ITEMS A. Clerk presented Claim for Damages from Lillie Williams in amount of $532.41 due to storm water and sewerage in basement on November 12, 198~. AB 83-145 B. Clerk presented Claim for Damages from Sally Kuhns in amount of $100 for stained laundry due to sediment in water. Clerk stated these claims have been sent to insurance. CLAIMS/VOUCHERS AB 83-147 Vouchers and expense reimbursement claims audited and certified by the auditing officer as required by RCW 42.24.090, have been recorded on a listing which has been made available to Council. Motion by R. Mosely and C. Pachek as of this date, the Council does approve for payment those claims as follows: Retirement Fund for March, 1983 in amount of $3,254.89 and those warrants includ- ed in the warrant registers further described as follows: Warrants 9010 thru 9012, 9262 and 9263 in amount of $1,548.25 and vouchers 09046 through 09261 inclusive in amount of $233,002.78, carried unanimously. MAYOR'S REPORT #0939 A. Planning Commission Appointments AB 83-116 Mayor Dawkins asked for approval of Robert Moore, A1 Colvin and Alice Stenhjem to the Planning Commission Board. B. Amo expressed objection to anyone living outside the boundaries of the city limits serving on any city board. Mr. Amo stated response from his constituents has been in favor of all city board members being residents within the City limit boundaries. Motion by J. Adrian and S. Horning to approve appointment of Mr. Robert R. Moore to Planning Commission, carried as follows: 8 affirmative, 1 abstention (Johnson). Motion by P. Drouin and C. Pachek to approve appointment of Mr. A1 Colvin to Planning Commission~ carried as follows: 8 affirmative, 1 abstention (Amo). Motion by R. Mosely and E. Sturdivant to approve appointment of Mrs. Alice Stenhjem to Planning Commission, carried as follows: 7 affirmative, 1 opposed (Amo), 1 abstention (Drouin). Mayor Dawkins introduced Jean Jackson-Johnson, head of Handicapped Committee. The Mayor also introduced Mr. Robert Moore. Mayor Dawkins stated "No Clam Digging" signs have been posted on the beaches. City Council Meeting Minutes March 16, 1983 Page Two PUBLIC RECOGNITION #1282 Mrs. Thomas A. Lon$, 2433 E. Phinney Bay Dr, stated she was denied the opportunity to correct the minutes prior to approval. Ms Long stated she would like the minutes of March 9, 1983, pg. ~, #0765, last sentence to be corrected to read "Ms Long's contention was that the ordinances were out of proper order or sequence in establishing the overall funding for this project" Mr. Anderson asked the Clerk to check the tape and make this correction. Ms Long voiced her objection to appointment of a person to the Planning Commission who lives outside the city limits. Ms Long stated it is nice to see the signs posted on the beach. She stated she wants to see the minutes reflect she believes these signs were posted to warn people of contamination of the shellfish in direct response to petition circulated and sub- mitted by her to Council last week. #1415 Mary Hawkins, 1010 Hewitt Ave, read letter to Council, that council chambers are not accessible or large enough to accommodate the public; agendas are too long; public's input is not given enough consideration; do not know issues before hand. Letter also states Mr. Pachek is not representing his district as promised in his compaign. Ms Hawkins thanked everyone involved for attempting to right the problems of Bremerton sewers. Mr. Adrian stated a condensed version of the agenda is published under public notices in the local newspaper on Tuesdays. #1623 Maria Sa~ara, High Ave., stated she agrees the agenda are too long and feels-they should be rearranged putting important items first. #1688 Walterine Taylor, 2708 Callaghan Dr., discussed Bremerton not having a Better Business Bureau and parking on sidewalks. Mayor Dawkins asked that the Police Department be notified if anyone sees vehicles parked on sidewalks. #1791 Cal Leichman, 205 High Ave., discussed violation of appearance of fairness doctrin regarding Council members being owners of multi-family units. B. Broughton stated this is so remote in financial impact as to be insignificant and will not raise an appearance of fairness problem. #1884 Ruth Davie~ 1511 Park Ave., discussed treatment of Ms Long at last week's meeting and stated her resolution should have been placed earlier on the agendas Ms Davie read newspaper article dealing with activists. #1900 Steve Woodbury, 1519 Park AYe.~ inquired if new sewer rates would eliminate problems and discussed sewerage back up in his basement during heavy rains and suggested separate storm drains. #2134 Suzanne Storto critized Council's attitude to the public during public recognition, stating they were rude. Mr.~ Mosely and Mr. Amo stated their intentions wer~ ~h ~o be rude, but there are procedures and rules to be followed. #2242 Ms Long objected to Council's treatment of Ms Davie. She dis- cussed amount of funding a~d participation from the Navy for the treatment plant. Mayor Dawkins stated he is negotiating with the Navy. He stated there is currently no formal agreement or firm amount agreed upon. #2400 Maria Sa~ara discussed parking situation on some streets; 7th, 8th, 9th, etc. She also discussed traffic hazards at intersec- tions when vehicles are parked too close to corners. City Council Meeting Minutes March 16, 1983 Page Three PUBLIC RECOGNITION CONTD #2576 Ruth Davie discussed treatment plant brochure~, stating there was no information regarding the hearing dates. Recess 6:25 until 6~35 p.m. HEARING - DIAMOND PARKING AB 83-107 #2659 Clerk stated this is a request for rezone from R-2 to B-2, vari- ance to sec. 402, 407 & 718 (yard setback), variance to sec. 716 (screening) and variance to sec. 719 (driveway). Clerk stated Planning Commission recommends conditional approval of the rezone, approval of variances 402, 407, 718 & 719, and partial approval of variance 716. She stated no correspondence has been received. A. Anderson asked if any Council member or member of the public feels any Council member has a conflict of interest with hearing this issue. There were no objections. #2747 K. Attebery, Planning Director stated the site is the southeast corner of 4th & Chester. Applicant is requesting rezone of a number of lots along 4th St. to allow commercial off street park- ing. Zoning provides lots adjacent to residential parcels (four- plex and residential structure) must have setbacks. Applicant is requesting 4 ft. setbacks and proposing screening which complies with zoning ordinance. Zoning ordinance requires 15 ft. for driveway from residence. Existing driveway is 1 ft. to 2 ft. and requesting variance. When off street parking areas are adjacent to residental uses, screening of hedge or wall is required. Mr. Attebery briefly outlined department comments: Engineering noted storm drain problems in this area; layout of design for parking stalls and isles were lacking and revisions have been made. Police Traffic and Engineering noted number of excess points are extreme~ Recommend consolidating lots to elimin- ate some driveways. Wastewater raised question of sanitary sewer and storm drainage. Mr. Attebery stated the Planning Commission recommends conditional approval. #0326 John McConn~ll, authorized agent for Diamond Parking discussed 12 year existence of the parking lot and stated they are attempt- ing to bring the lot up to standard. He discussed other commercial parking lots in the area. He stated they are requesting front yard setback to allow continued existing use, and are proposing to take care of storm drainage. He stated with wheelstops, vehicles will not be parking on the sidewalks. Mr. McConnell stated there are no objections from area residents and he has received 4 letters in favor or the rezone and variances. Mr. McConnell discussed the screening requirement adjacent to the fourplex and felt it would be a safety hazard to the residents. Mr. McConnell stated the lease is perpetual. Discussion followed regarding mixed multi-family and commercial zoning in the area. Discussion continued regarding screening requirement adjacent to fourplex in regard to safety hazard. Mr. Amo objected to the over use of variances. Motion by R. Johnson and E. Sturdivant to approve rezone subject to conditions 1 through 3 contained in Planning Commission Res. 666, as shown on Exhibit "A" attached, further variances ars gra~ted to sections 402, 407, 716, 718 and 719 of the Zoning Ordinance in order to allow parking lot development as shown on the Site Plan labeled Exhibit "B". Screening of the residential struct- tures on lots 34, 35 and 36 is not required, carried as follows: 8 affirmative, 1 opposed (Amo). City Council Meeting Minutes March 16, 1983 Page Four HEARING - AMEND VARIOUS PROVISION OF ZONING ORDINANCE AB 83-96 #1160 Clerk stated the Planning Department recommends changes in the Bremerton Zoning Ordinance as shown on Exhibit "C" attached. There was discussion to the effect items 1, 2 and 3 are a "house- keeping" measure to bring into conformance with the nine member Council form of government and choice of options for item 4. Motion by J. Adrian and P. Drouin to approve Planning Commission Res. ~67, items 1, 2 and 3 with provision "d" being applied for item 4, carried unanimously. ORDINANCE #3824 - ESTABLISH SEWER RATES & CHARGES AB 83-119 #1379 Clerk read AN ORDINANCE establishing rates and charges for sanitary sewer service and repealing Ordinance 3809. R. Mosely proposed that this Council intends that the rates in Ordinance #3824 are being established to finance operation and maintenance and major capital improvements of wastewater facilities. Should the project not be implemented, sewer rates will be re-evaluated and reduced in accordance with system needs and Washington state laws. Motion by J. Adrian and C. Pachek to direct the Attorney to draft a Resolution to this effect to be placed on the agenda next week, carried unanimously. Clerk read letter from Milton Lukkasson thanking Mr. Jaynes of wastewater facilities for correcting problems of sewerage backup by replacing some pipe in city property. Clerk read letter from Michaele Hosea of BACON requesting charges over and above exist- ing sewer charges be limited for construction use only. Motion by P. Drouin and C. Pachek for passage of Ord. #3824 with the following changes in Sec. 1, sub-section 2, Capital Charges and Rates - (Exhibit "D"). Discussion followed regarding revision of rates based on volume. Mr. Amo stated he voted against this ordinance on first reading because of the inequities and Council has addressed this with the amendment. This is a benefit to low volume users. Ms Davie dis- cussed the high water usage shown on her billings and questioned the average single family use amount. Ms Long submitted an amend- ment to Mr. Mosely's proposed resolution regarding use of the money from higher rates for capital costs of the new wastewater facility only. Ms Sagara asked about quarterly billings. It was stated many people prefer monthly, or bi-monthly. Ms Long asked if this was first reading with the amendment. City Attorney responded that changes to an ordinance are allowed between readings so this would be second reading, but he will double check. Question called on the motion, carried unanimously. Motion by J. Adrian and R. Johnson that the City Attorney draft a resolution indicating the City's endorsement and support for a regional wastewater plant to serve the areas of Bremerton, Navy Yard City, Port Orchard, Annapolis and other peripheral areas of the county, carried unanimously. Mr. Anderson stated Ordinance #3825 is held for one week. ORDINANCE #3826 MINOR CONSUMPTION OFFENSE AB 83-136 Clerk read AN ORDINANCE amending Ordinance #3529 to provide specific penalties for the offense of Consumption of Liquor by Minor. Motion by C. Pachek and R. Mosely to pass Ordinance #3826 on second reading. E. Sturdivant stated he objects to the ordinance reading "presence or Premises" and proposed changing "or" to "and". B. Broughton stated this is a requirement of state law and cannot deviate to that extent. Question called on the motion, carried unanimously. ORDINANCE - 1st Readin~ - MOSER REZONE AB 83-148 #2757 Clerk read AN ORDINANCE amending the use and area maps of Ordinance #1792, upon application for rezone from R-1 to R-2, and subject to various requirements and other applicable laws and regulations. Motion by S. Horning and E. Sturdivant to approve on first reading, c~rried as follows: 8 affirmative, 1 abstention (Amo). City Council Meeting Minutes March 16, 1983 Page Five ORDINANCE - 1st Readin~ - D & D INVESTMENT REZONE AB 83-149 #2837 Clerk read AN ORDINANCE amending Ordinance #3683, regarding re- zone from R-1 to R-2. (D & D Investment). Motion by S. Homing and C. Pachek to approve on first reading, carried as follows: 8 affirmative, 1 abstention (Amo). ORDINANCE~ 1st Readin~ - CUMULATIVE RESERVE FUND SIGNATURES AB 83-149 #2837 Clerk read AN ORDINANCE amending Ord. 1590, 2107, 2324 and 3167 to allow the Mayor, Council President and City Treasurer to approve claims against cumulative reserve funds. Discussion followed regarding signature requirements. Majority Tape of Council members felt expenditures from cumulative reserve fund 11 should require Council approval and all claims may be paid upon obtaining the signatures of at least two, one of whom must be a Council member. Motion by R. Johnson and J. Adrian to table at this time, have re-written and bring back to Council in two weeks, carried unanimously. YMCA DOWNTOWN PARKING SUGGESTIONS AB 83-151 #0090 Clerk read letter from Glen Godfrey, Executive Director of the YMCA suggesting one way traffic and angle parking in vicinity of the YMCA and proposing adopting an ordinance to ban street parking by business employees. Mr. Godfrey discussed making First Street one way and angle park- ing and stated these changes were approve by the former Commissioners. He also discussed the practice of area employees plugging meters and rotating parking spaces to avoid parking tickets. He recommended adopting an ordinance similiar to Eugene OR ordinance. Mayor Dawkins stated the traffic engineer is working on the on~ way and angle parking aspect, however, the waterfront road is private property and an easement would be required. He stated the traffic engineer is currently working on a traffic signal at 2nd St and Washington. B. Broughton stated he would look into the Eugene OR ordinance. EXTENSION TO GARAGE AT 4117 WEST VIEW DRIVE AB 83-152 #0473 Clerk read letter from Mrs. Irving Hegle objecting to owners of the above address extending onto their garage. Mrs. Hegle states if the extension is allowed visibility when exiting her garage will be impeded. Clerk stated Building, Planning and Police Traffic have been advised and will make reports. REPORTS #0508 E.L. Sturdivant stated he had been in contact with Rep. Paul Zellinsky regarding his bill on the ferries. Mr. Sturdivant read a letter from Rep. Zellinsky regarding the Issaquah Class ferries. Mr. Sturdivant asked the Mayor if he had received response from ferry officials? Mayor Dawkins stated they did address the Issaquah Class ferry issue and will be sending people to check bulkhead damage. #0589 R. Mosely discussed the Sewer Committee meeting stating all members worked hard and actively. He stated in public meetings the chair- man spoke for the committee. #0629 S. Hornin~ offered congratulations to the Olympic High School Basketball teams for a successful season. Meeting adjourned at 9:00 P.M. KATHLEEN L. McCLUSKEY, Cit~ Clerk APPROVED: ART ANDERSON, Council President DIAMOND PARKING EXHIBIT "A" RESOLUTION NO. 666 'Rezone: R-2 to B-3 Page la, of .16 RECOMMENDATION BREMERTON PLANNING COMMISSION RESOLUTION NO. 666 A. REZONE of LOTS 35-40 We hereby adopt the Findings of Fact, Conclusions and Exhibits attached herein, and recommend that Lots 35-40 be rezoned to B-2, subject to the following conditions: General Conditions 1. This rezone is subject to the various requirements contained in the Bremerton Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained herein. 2. Thi:s site shall be developed essentially the same as the site plan labeled Exhibit "B" 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 of the Planning Commission, subject to appeal to the City Council within ten (10) calendar days. Prior to Issuance of an Occupancy Permit 3. Approval shall have been granted by responsible City departments for: a. A site plan which include the following modifications: (1) A stormdrain plan to include all properties contiguous to the subject site which are owned or leased by the applicant. Construction of all or a portion of such storm drain facili- ties shall take place at such time as determined by the City Engineer. (2) Revision of the parking layout to meet Engineering Department requirements. (3) Limitation of access to two driveways onto Fourth Street, in- cluding reconstruction of curb and gutter where necessary, and alley access to Chester and Warren as approved by the Engineer- ing and Police/Traffic Departments. , (4) A screening area no less than four (4) feet wide along Chester and no les~ than fou~) feet wide along Fourth Street planted with a dense, fast-growing evergreen hedge no less than four (4) feet high spa~edso as to provide 75% screening within two (2) years. In no case shall the redwood tree indicated on Exhibit B-1 be dis- turbed, altered, mutilated, cut down, or destroyed.in any mannerl provided, that the screening area along Fourth Stree~ may be as narrow as four (4) feet _if a Variance to side yard setback require- ments is obtained; and further provided that such screening shall be modified as necessary to meet Engineering Department requirements for clear sight at street and driveway intersections. b. The developer shall comply with all above conditions. * Revised 1/3/83 EXHIBIT "B" RESOLUTION NO. 657 Page 2 of 3 EXHIBIT "C'~ October 15, 1982 MEMO TO: Planning Commission FROM: Planning Department REGARDING: Changes in Zoning Ordinance to conform to new nine member City Council l. Change all references to "City Commission" to "City Council". 2. Add a definition: City Council or Council 3. Add "City Council" to Section 1t02(4) which now provides that only the Planning Commission observe certain requirements in regard to notice of public hearings. 4. Change Section 1200 to change the last several phrases which indicate the level of' favorable voting which the City Council must attain to alter or change a Planning Commission ruling. Some alternatives are: Council vote in favor, or ~~~,r, (This -' ~le 51% to ensu~e~ ' ent for a particular course of action), or d. Provided that a majority of the Council members present vote in favor .... EXHIBIT "D" 1. The fixed monthly charge be changed to include 200 cubic feet per month per account or residential unit as applicable. 2. The fixed monthly charges be changed to $3.88 Der account O~ residential unit for Single Family, Multi- Family and Commercial I Classes and to $6.12 per account for Commercial II Classes. 3. The Volumetric rates for metered water in excess of 200 cubic feet per month per account or residential unit be changed to $1.94 per hundred cubic feet for Single Family, Multi-family and Commercial I Classes, and to $3.06 per hundred cubic feet for Commercial II Class. and 4. The charges and rates for customers outside the corporate limits of the city and in KCSD ~1 shall be 1.15 times the applicable rate for customers within the city limits. Section I, sub-section 2 will then read as shown on the --' attachment. 2. CAPITAL CHARGES AND RATES. a. The fixed monthly charge for capit31 costs shall be as follows: CUSTOMER CLASS MONTHLY CHARGE Single family ~.88/account Multi-family 3.88/Res/unit Commercial 1 3.88/account Commercial 2 6.12/account Minimum monthly charges shall include 200 cubic feet per month per account or residential unit as applicable. The fixed capital charge for customers outside the corporate limits of the city and KCSD#i shall be 1.15 times the corresponding charges shown above. b. The volumetric rates for capital cost shall be as follows: CUSTOMER CLASS SEWER RATE Single family 1.94/HCF Multi-family 1.94/HCF Commercial 1 1.94/HCF Commercial 2 3.06/HCF Volumetric rates shall be applied to metered water in excess of 200 cubic feet per month per account or residential unit as applicable. The volumetric rates for customers outside the corporate limits of the city and KCSD#i shall be 1.15 times the applicable rate shown above.