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HomeMy WebLinkAbout05/18/83 Tape 26 A ~'~ Unapproved ~ #1502 Minutes CITY COUNCIL MEETING MINUTES ~--~ May 18, 1983 ~~~ Regular meeting of the City Council of the City of Breme~ on, Washington, was held in the Council Chambers, 239 Fourth St., Bremerton, Washington, Wednesday, May 18, 1983 at 5:30 p.m. with Council President Anderson presiding. Also present were: E. L. Sturdivant, Spencer Horning, Clyde Pachek, Roy Mosely, Bill Amo, Jim Adrian, Russ Johnson, Mayor Dawkins, Attorney Broughton and City Clerk McCluskey. Phil Drouin was absent. The meeting opened with the Pledge of Allegiance, and the invo- cation was given by Clyde Pachek. CONSENT AGENDA A. Minutes of May 11, 1983 AB83-265 B. Bid Call Request for painting of police vehicles AB83-266 Motion by R. Johnson and B. Amo to approve consent agenda items A and B, carried unanimously. INFORMATIONAL ITEMS Claims for Damages AB83-267; Lillian Witt, undetermined amount; Elmer Lince, $189.73, denied, Puget Power responsibility; Randy Felt, $228.37, Janet Fettinger, $6060, sent to insurance; Jerry's Callow Barbershop, denied, insufficient evidence. CLAIMS/VOUCHERS AB83-268 Claims audited and certified by the auditing officer as requir- ed by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. Motion by R. Johnson and C. Pachek as of this date, the Council does approve for payment those claims as follows: Jack Johnson Construction and Ulin, Dann, Elston & Lambe amount of $23,500.00, Employee's Retirement Fund for May, 1983 amount of $3,254.89 and Payroll amount of $229,271.63 and FICA amount of $12,487.26 for payroll period May 8, 1983, carried unanimously. MAYOR'S REPORT $1586 Proclamation Buddy Poppy Days, May 20 and May 21, 1983. Mayor Dawkins discussed presentation of awards by Chief Meigs for 'clean-up week~. Fire Chief Meigs briefly discussed background of clean-up week and presented awards to Don Lindgren of Brem-Air for their continued participation and support and Ken Brees, on behalf Of ~he SDreet Department for outstanding participation. Mayor Dawkins read letter from the Health Department thanking the Street and Engineering Department for assistance in abating a garbage and trash problem in the 400 block of So. Constitution. The Mayor discussed ELKS sponsoring of Cory Day at the farm for mentally handicapped area youngsters, and commend Scott Cory and Ken Brees of the Street Department. Mayor Dawkins reminded everyone of P~rks & Recreation and Senior Recreation activities Thursday, May 19th, 10:00 a.m. to 3:00 p.m. at the Senior Center at 13th and Nipsic. Mr. Amo discussed call he received regarding sewer bill and in- quired if sheets outlining sewer charges could be made available to people with problems and questions? The Mayor stated he will get with the billing department. Mr. Sturdivant inquired if a letter can be drafted to Duane Berentson of State Ferry System regarding problems? Mayor Dawkins stated a letter had been sent, reply received and date for a meeting will be set. ATTORNEY'S REPORT #1941 B. Broughton discussed recent passage of legislation on increase on gas to rebate to counties and cities for DWI prosecution. He stated Bremerton data was helpful in this passage. Mr. Broughton discussed weekly meetings on downtown mall project. City Council Meeting Minutes May 18, 1983 Page Two ORDINANCE #3840 - ¼% REAL ESTATE TRANSFER TAX AB83-246 #2062 Mr. Sturdivant submitted memo regarding defining specific use of these tax monies. The memo detailes a multitude of capital im- provement uses, citing RCW 35.43.040, if the funds are placed in Cumulative Reserve without being "earmarked" for a specific use. The memo further states funds will be placed in a "grab bag" for every department and program. Mr. SturdiYant discussed streets and sidewalks needing repair. Mr. SturdiYant discussed being uncomfortable passing another tax on people without defining a specific purpose. Discussion followed regarding building up of Cumulative Reserve so funds will be available when the need arises. Mr. Anderson voiced objections to the memo being submitted at this time, as Council did not have an opportunity to review. He felt it should have been submitted as an agenda item. Bert Gegnor, Glenn Vockrodt and Bill Clark agreed with Mr. Sturdivant and voiced objections to passage of Ordinance #3840. Tape Mr. Amo and Mr. Horning discussed Cumulative Reserve funds slip~ 27 lng and possibility of cuts if this ordinance isn't passed. Mr. Horning also discussed this tax as not being burdensome as the tax is imposed only when property is sold. Mr. Olney, City Treasurer discussed General Fund and other funds that are in a deficit category, due to overspending and previous Commissioners not a~erting control. Motion by J. Adrian and R. Johnson to pass on second reading AN ORDINANCE of the City of Bremerton, Washington, adding a new chapter 3.84, Excise Tax on Real Property, to the Bremerton Municipal Code; imposing a one-quarter percent excise tax on real estate sales as authorized by Sec. 11(1), Chapter 49, First Ex. Sess., Laws of 1982; providing for the use of such revenue; specifying a date of imposition and an effective date; creating a lien on subject property; prescribing procedures for collection, forfeiture and refund; and adopting Chapter 82.45 RCW by reference. Motion by R. Johnson and J. Adrian to add language to Ordinance ~--regarding the Council President or designees' approval of all expenditures from this fund. Leo Olney and Mr. Horning discussed Council approving every pay- ment from the City including Cumulative Reserve and capital im- provements. Mr. Adrian withdrew his second. Mr. Johnson with- drew his motion. Motion by E. Sturdivant and R. Mosely to table passage of Ordinance ~--until next week's meeting. Recess 6:30 to determine which motion takes precedence. Meeting reconvened at 6:40. It was determined the motion to table took precedence. Question called on the motion to table, failed as fotlows:~2 affirmative (Sturdivant, Mosely) 6 opposed. Question called on the motion to pass Ordinance #3840, .carried as follows: 6 affirmative, 2 opposed (Sturdivant, Mosely). HEARING - CHANGE IN LAND USE RESTRICTIONS/CARLSON AB83-269 #0514 Request to permit one new fourplex and existing single family dwelling in place of 6 unit apartment approved as condition of re- zone to R-2 at S.E. corner of 13th & Naval. Planning Commission recommends approval. This has been advertised and posted as required by law. No correspondence has been received. A. Anderson asked if any Council member had a conflict of interest with hearing this issue? Mr. Anderson asked if the public felt any Council member had a conflict with hearing this issue. There were no objections. City Council Meeting Minutes May 18, 1983 Page Three HEARING ~ CHANGE IN LANO USE RESTRICTIONS CONTD Kay Wilson, Asst. Planning Director briefly reviewed previous rezone to allow construction of 6 unit dwelling~ and request for revision to build a fourplex and leave existing single family dwelling in place.: Ms. Wilson discussed Police Dept. approving with conditions. A revised site plan was submitted allowing existing dwelling to remain on one parcel and construction of fourplex and parking for 6 full size and 2 compact vehicles. Ms Wilson discussed additional changes proposed to allow for 7 parking spaces, due to Engineering objections to two compact vehicle spaces requiring vehicles to back into 13th St. Engineering is requesting 17' easement on Naval Ave. for right-of-way. Ms Wilson discussed landscaping and storm detention requirements. She discussed Police Dept. requirements for better plans of the building and would not approve second driveway. Ms Wilson discussed the zoning ordinance requiring one parking space per unit, but since Comprehensive Plan has been adopted, the Planning Department has been requiring two spaces per unit. Mr. Anderson discussed shrubs on the northwest corner of the lot being a hazard. Mr. Johnson discussed screening along the east line of property. Ms Wilson stated a fence is proposed. Don Carlson, proponent, discussed parking spaces. He felt seven spaces are possible but not eight. Discussion followed regard- ing possibility of placing parking area in back of existing dwelling. Mr. Carlson objected to this as he may at some future ~ate wish to sell the single family dwelling. #1210 Brooks Snyder discussed elimination of PSNS parking and effect this would have on traffic at that intersection. Glenn Vockrodt and Mr. Baker discussed subdividing the parcel and stated the lot would be illegal as it would be too small, as front footage requirement is 50 ft~ further the house would then be unsaleable. Les Kincaid discussed parking in rear of the existing dwelling since the parcel cannot be subdivided.~ Mr. Amo recommended remanding back to the Planning Commission. Mr. Carlson concurred. Motion by J. Adrian and E. Sturdivant to return back to the Planning Commission, carried unanimously. Recess 7:20 until 7:30 p.m. ORDINANCE, 1st Reading - SALARY INCREASES FOR FY83 FOR CITY MANAGEMENT PERSONNEL AB83-263 #1769 Motion by R. Mosely and S. Horning to approve on first reading AN ORDINANCE providing for salary increases for fiscal year 1983 for management personnel of the City of Bremerton, carried unanimously. A. Anderson discussed the Fiscal Mtg & Budget Committee addressing merit system of increases for management personnel in the future. ORDINANCE~ 1st Reading -.PA~NSHOPJSECOND HAND DEALER AB83-167 #2158 B. Broughton explained purpose is ~o record tran~aotlons and hold items for 10 days to allow Police Dept. to see if merchandise is stolen, and to eliminate buying from anyone under 18 yrs of age. #2278 Det. English, BPD, discussed problems with current ordinance in relation to non-recovery of stolen items as no records are kept, due to juvenials who burglarize. Det. English read portions of police reports on two such persons and stated prosecution is difficult as it is the word of the offenders against buyer. He discussed recovery of items when records are kept. B. Broughton discussed prosecution of offenders if the ordinance is passed. #3017 Bob Christman, House of Coins discussed bis objections to portion T~e of the ordinance dealing with coins and bullion and requested no action be taken until he can meet with Chief Christensen. City Council Meeting Minutes May 18, 1983 Page Four ORDINANCE - PAWN SHOP/SECOND HAND DEALER CONTD #0412 Brooks Snyder, SCARSE representative, dicmssed his concerns as he felt this would place a hardship on them. B. Broughton ex- plained that SCARSE is a charitable organization and does not apply. Bert Gegner discussed his oppositions to the ordinance. Motion by J. Adrian and R. Mosely to approve on first reading "AN ORDINANCE of the City of Bremerton relating to the regulation and licensing of second-hand dealers and pawnbroker" and return in two weeks giving Mr. Christman time to meet with Chief Christensen and the City Attorney, carried unanimously. RESOLUTION NO. 1971 FIXING CHARGES/DOCUMENT REPRODUCTION AB83-270 #0854 Motion by R. Johnson and C. Pachek to pass A RESOLUTION fixing the charges to the public for document reproduction, carried unanimously. REQUEST TO USE CITY PARKS PROPERTY AB83-272 #0925 The City Clerk discussed problems Pat Carey felt should be addressed in considering this proposal. John M. Boyle, Frontier Enterprises discussed the proposal and advantages of having batting cage and benefits to Kitsap County softball and hardball teams. Location proposed is Sheridan Blvd. across from Parks Administration building. He discussed ln~ent to install batting cage on site of one tennis court and issues of ample parking, repair and maintenance of grounds, installation of jungle Jim for youngster~ and providing portable restrooms from profits in lieu of monetary lease payment to the~Cityo Discussion followed regarding usual procedures concerning concessionaires. Ms McCluskey discussed percentage of profits City derives from concessionaires. Mr. Anderson polled Council members to deter~ mine favorability of the concept, with the following results: R. Johnson, in favor; J. Adrian, in favor; B. Amo~ no comment; E. Sturdivant, in favor; S. Horning, in favor; C. Pachek, in favor; R. Mosely, in favor, A. Anderson, in favor. B. Broughton, Ray Foley, Parks Supt, Mayor Dawkins and John Boyle will meet to pre- pare the contract. Ms McCluskey asked Council members to,inform. Mr.~Broughton of any definite ideas they have. Meeting recessed at 8:55 p.m. #1480 Recessed meeting reconvened Thursday, May 19, 1983 at 9:00 a.m. in Council Chambers. Present were Council members, the Mayor, City Attorney and City Clerk. Councilman Drouin was absent. Mayor Dawkins proclaimed this day as Armed Forces Day and welcomed all members of the Armed Forces. Mayor Dawkins introduced military counterparts for Council members, Department Heads, the Mayor and staff. Mayor Dawkins thanked Elaine Valencia and Merilynn Erhart for preparations for the day's activities and expressed appreciation to military personnel for their participation. RESOLUTION #1972 - DOWNTOWN CLIMATIZED, COVERED MALL ACCEPTANCE AB83-271 #1521 Motion by R. Mosely and S. Horning to pass A RESOLUTION indicating an acceptance by the City Council of the City of Bremerton of the concept of a downtown climatized mall project, and requesting that further steps be taken to obtain more specific information, carried unanimously. RESOLUTION #1973 - RESIDENTIAL PERMIT PARKING ZONE 38 AB83-245 #1816 There was discussion from military counterparts regarding parking. problems, including elimination of some shipyard parking when new power plant is build. It was stressed shipyard workers as well as military are impacting residential areas. Motion by J. Adrian and R. Mosely to adopt A RESOLUTION designat- ing a residential parking permit area (zone 38), 1200 block of Eight St, carried unanimously. City Council Meeting Minutes May 19, 1983 Page Five ORDINANCE #3842 - CONDEMNATION PROCEDURE/CADY PROPERTY AB83-276 #2092 Mr. Sturdivant discussed his objections to passage of emergency ordinances. Discussion followed regarding necessity for speed. If the ordinance is not passed on emergency basis, it will be 30 days after_.publication before it is effective. Property is essen- tial for new pump station, and price Mr. Cady is asking far ex- ceeds appraisal city received. Motion by R. Johnson and B. Amo to pass AN ORDINANCE declaring the need for condemnation of a parcel of land in and through certain real property for the purpose of constructing a sewer treatment facility for the City of Bremerton; and delcaring an emergency (Cady property), carried as follows: 7 affirmative, 1 opposed (Sturdivant). Mr. Anderson explained an emergency ordin- ance requires a unanimous vote. City Hopes to start construction in early August; this would be delayed three months if ordinance requires two readings. Mr. Sturdivant requested reconsideration on the vote. Question was called on the motion, carried unanimously. ADMINISTRATIVE POLICIES & PROCEDURES/REVISION TO FIXED ASSETS AB83-273 #2461 Motion bu R. Mosely and C. Pachek to adopt Administrative Policies and Procedures for Revision to Fixed Assets~ carried unanimously. MODIFICATION AGREEMENT WITH PORT ORCHARD FOR WATER AB83-274 #2731 Mr. Olney explained Port Orchard's intent of having the contract run on the calendar year, but due to wording, it runs April to April. Port Orchard is requesting modification to run January through December with increases based upon the November CPI, with a possible $3,000 loss to the City. The Mayor's counterpart Tape strongly voiced his objections to loss of revenues to the City. 29 Discussion followed regarding use of November index and loss of funds to the City. Motion by S. Horning and C. Pachek to table for two weeks, carried unanimously. Recess 10:00 until 10:15 a.m. EASEMENT TO CONSTRUCT SANITARY SEWER ON PARK DRIVE AB83-275 #0129 Art Morken is donating this easement at no cost to the City for purpose of storm water and sanitary sewer separation. Motion by C. Pachek and R. Mosely to accept easement from Art Morken and have recorded, carried unanimously. REPORTS #0299 B. Amo discussed Planning Committee meeting and coordinating between Planning and other departments. E. Sturdivant reported on Charter Amendment Committee meeting~ and discussed PSNS looking to make parking available for workers. R. Mosely discussed PSNS parking situation and proposal submitted by PSNS officials, and visit abord USS Ajax and USS Seadragon. Mayor Dawkins discussed park and ride lots and commuter buses as way to possibly solve the future parking problems. C. Pachek reported on Sewer Committee meeting and stated Public Works and Facilities Committee meets May 23rd at 4:30 p.m. A. Anderson welcomed the military counterparts to the Council meeting and other day's events. Meeting adjourned at 10:35 a.m. KATHLEEN L. McCLUSKEY, City Clerk APPROVED: ~A~D~President