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HomeMy WebLinkAbout12/21/83 Tape 96 Unapproved Minutes CITY COUNCIL MEETING MINUTES ~0~ December 21, 1983 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, December 21, 1983 at 5:30 p.m. with Council President Art Anderson presiding. Also present were Councilmen E. L. Sturdivant, Spencer Homing, Clyde Pachek, Roy Mosely, Phil Drouin, Jim Adrian and Russell Johnson, Mayor Morrie Dawkins, City Attorney Bill Broughton and Assistant Purchasing Agent Gil Johnson. Councilman Bill Amo was absent. The meeting opened with the Pledge of Allegiance and the invcation was given by Art Anderson. Mr. Anderson stated items 9B, 9G, 9K, iOA and 10B were removed from the agenda. CONSENT AGENDA #0025 A. Minutes of December 14, 1983. AB83-653 B. Bid Award for office machines repairs to Cascade Office Machines as to specifications and low overall cost to the City for the period January 1 through December 31, 1984. AB83-654 C. Bid Award for ready mix concrete as follows: Items 3, 8 and 12 to Fred Hill Materials; items 1, 2, 4, 5, 6, 7, 9, 10 and 11 to Holroyd as to specifica- tions and low bid for period January 1 through December 31, 1984. AB83-655 Motion by R. Mosely and C. Pachek to approve the consent agenda, items A, B and C, carried unnanimously. INFO1LMATIONAL ITEMS AB83-656 #0050 Claim for damages was submitted from Alan L. Jack in the amount of $80.54. This claim has been forwarded to the appropriate department and city's insurance broker. CLAIMS/WARRANT REGISTER AB83-657 #0063 Claims and 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 the Council. Motion by R. Johnson and E. Sturdivant as of this date the Council does approve for payment Employees Retirement Fund for December, 1983 in amount of $2189.14, and warrants 11402 through 14611 inclusive in amount of $217,163.67 and warrants 14394 through 14398 inclusive in amount of $77,960.48, carried unanimously. MAYOR'S REPORT #0093 Mayor Dawkins discussed the importance of recognizing outstanding employees and stated Court Prisk and Duane Christ&nsen will present the awards. Court Prisk, Field Services Mgr., presented Employee Suggestion Awards to: Glenn Shepard, Senior Electronic Technician, Communications Department, and Allen Jacobs, Senior Electronic Technician, Communications Department. Mr. Prisk presented Most Outstanding Employee Awards for 1983 as follows: Glenn Shepard, Communications Department, John Lents, Street Department, Virgilo Ibarra, Parks and Recreation Department, Chris Mottner, Wastewater Facilities Department, Jay Beahm, Water Department, Arvilla Ohlde, Recreation Division of Parks & Recreation Department, and Bill McKinny, Forestry Division of the Water Department. Duane Christensen, Chief of Police, presented Most Outstanding Employee Awards for 1983 in the Police Department as follows: Nancy McCord, Animal Control Division, and Betty Mathis, Parking Regulator Division. Mr. Prisk presented certificates of Special Recognition to the following: Gary Heath, Wastewater Facilities Department Allen Jacobs, Communications Department, and Maria Tennyson, Street Department. Mr. Prisk stated Most Outstanding Employee Awards will be presented at next week's Council Meeting for departments not represented at this meeting. He indicated this will take place annually. PUBLIC RECOGNITION #0956 John F. McDonald, 2206 Burwell Place, discussed vehicles blocking a shared driveway, and problems with having the vehicles moved. Mr. Anderson suggested petitioning for Residential Parking Permit area. Mayor Dawkins stated he will meet with Chief Christensen regarding having the vehicles moved. The Clerk's office will mail a petition to Mr. McDonald. City Council Meeting Minutes December 21, 1983 Page ~wo ATTORNEY'S REPORT #1140 Mr. Broughton reported the Gold Mountain Golf Course trial has started and ~s expected to last two weeks. The attorney's office is continuing to work on completing the Professional Services Agreement for a MAI Appraisal Firm. ORDINANCE 3882 - 1984 BUDGET AB83-653 #1205 Motion by R. Johnson and C. Pachek to pass on second reading AN ORDINANCE of the City of Bremerton approving and adopting the financial budget for the several funds of the City Government of the City of Bremerton for the fiscal year 1984, and appropriating the amounts set forth in said budget to each fund in accordance with RCW 35.33.075, carried unanimously. Recess 6:20 until 6:30 p.m. HEARING - SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND VARIANCE/ LINDSAY & LOIDHAMER AB83-658 #1328 This hearing is in response to an application to construct a two story office building on Wheaton Way, south of the Quarterdeck Restaurant. This hearing has been advertised and posted as required by law. There was no opposition to Mr. Anderson's standard conflict of interest question. Carol Saari, Planning Department, summarized the proposed action and back- ground information. This is currently a vacant wooded lot, situated between the Quarterdeck Restaurant to the north, and a residential dwelling to the south. Ms Saari discussed 11 proposed parking stalls, and stated that Engineering will not approve the 3 parallel stalls. The zoning ordinance requires 7 parking stalls, however Planning is recommending 10 stalls. Ms Saari discussed landscaping which includes screening along Wheaton Way, parking lot landscaping if this parking lot is connected with the restaurant parking lot, and more effective screening along the southeast side yard setback. Ms Saari discussed City Engineer's determination that an amount not to exceed $1500 shall be placed in escrow as the applicant's fair share of a future two-way turn lane on Wheaton Way. Ms Saari discussed construc- tion of the building as proposed from the south property line to the north property line, and Planning recommends a 20% reduction in the building to allow visual excess of the shoreline. Ms Saari discussed placement of benches on the site for use by the public. Ms Saara discussed Planning staff recommendations as contained in attached Exhibit "A". Gary Lindsay, proponent, discussed design of the walls to be 4 hour fire walls. Mr. Lindsay concurred with staff recommendations with the exception of 10 parking stalls and requested approval of 8 stalls. Mr. Lindsay dis- cussed 20% reduction in building size recommended, and stated he is agree- able to a 10% reduction. Mr. Lindsay objected to the recommendation to place $1500 in escrow, and requested that he be billed for the two-way turn lane at the time it is installed. Mr. Franco, adjacent property owner to the south, would like to see the 20% reduction in building size approved, as this would give ll ft. clearance as opposed to 5½ ft. Glenn Vockrodt discussed background of this being county property prior to annexation. Mr. Vockrodt discussed the width of the lot and driveway. He discussed Wheaton Way as being a major arterial and resulting traffic problems, Tape and increased problems with a two-way turn lane. Mr. Vockrodt discussed 97 public access to the beach. He feels this is strip zoning. Bert Gegner questioned placement of benchs for public use, and questioned the need for placement of monies in escrow. He agreed that Mr. Lindsay should be billed at the time improvements are made. Pat Carey discussed increasing structures that are blocking views, and feels too much building along the shoreline is allowed. Discussion followed regarding the need to place monies in escrow. Mr. Broughton explained the difficulties with collecting on performance bonds as they may expire prior to work. He explained that property may change hands and this presents a problem. With money in escrow, it is drawing interest, and the interest reverts back to the property owner. Discussion continued regarding parking requirements as contained in the zoning ordinance. There was discussion regarding placement of benches. Mr. Lindsay is agree- able provided the benchs are for employees and patrons. If used by the public, the issue of liability would need to be addressed. City Council Meeting Minutes December 21, 1983 Page Three HEARING - LINDSAY/LOIDHAMER CONTD Discussion followed regarding side ~rd setback. It was stated ~here are no hard and fast requirements for setbacks pertaining to commercial areas. Discussion continued regarding 10% reduction in building size. It was sug- gested the reduction should be on the south side, as there is parking to the north. Mr. Anderson felt there should be some setback to the north to allow for maintenance on the building. Mr. Johnson questioned $1500 in escrow unless there is a time limit imposed. Motion by R. Moselv and J. Adrian to approve General Conditions 1 through 9 as recommended with exceptions as follows: 8 parking stalls; 5 ft. setback On south side; delete item 6 pertaining to bench placement, and reword item 7~ as follows: "The developer shall place in escrow $1500.00 as the appli- cant's fair share of a future two-way turn lane which will serve the property on Wheaton Way, interest on $1500 shall be retained by the City until the actual improvement is made at which time adjustments are to be made.", carried as follows: 6 affirmative, 2 opposed (Johnson, Anderson). Recess 7:58 until 8:05 p.m. HEARING - HWA JA HONG/PALACE SAUNA AB83-659 #1231 Leigh Ann Tift, Asst. City Attorney, discussed issuance of a citation due to information provided by the Police Department upon routine inspection of the Palace Sauna. Ms Tift questioned Officer Welling and Chief Christensen with their testimony reflecting the following violations: unlicensed masseuse, inadequate records, and obstructed viewing window. Clay Terry, Attorney for Ms Hong, felt there was no violation as the viewing window had been installed in the door as the ordinance requires. Mr. Terry contended a third Tape party placed the towel in the window which obstructed the view. Mr. Terry 98 explained that Ms Hong does not speak or understand the english language, and gave that as a reason for improper book keeping. Ms Tift felt there is a clear violation of the ordinance, and recommended a 30 day suspension of the license as this is a first offense. Extensive discussion followed regarding the violations, and it was felt the violations have been proven and license suspension should be approved. Mr. Adrian felt there were no clear guide lines for this hearing and objected to a suspension. Motion by R. Mosely and R. Johnson to suspend Ms Hong's license to operate the Palace Sauna for 60 days. Discussion followed and while most Council Members felt suspension was in order, it was felt 60 days suspension was excessive. Question called, failed as follows: 4 opposed, (Sturdivant, Drouin, Horning, Pachek), 2 affirmative, (Mosely, Johnson), 2 abstention (Adrian, Anderson). Motion by Eo Sturdivant and C. Pachek to find Ms Hong in violation of 1, 2 and possibility 3 counts, the 3rd circumstance an unlicensed attendant, and suspend Ms Hong's license for 30 days. Mr. Horning felt the motion should only reflect the 30 day suspension. Mr. Sturdivant changed his motion and Mr. Pachek changed his second to "under circumstances presented, the Council imposes a 30 day suspension of Ms Hong license", carried as follows: 7 affirmative, 1 abstention (Adrian). HEARING - KUM SOON HOBBS/FAR EAST SAUNA AB83-660 #0951 Ms Tift discussed issuance of a citation due to information provided by the Police Department upon routine inspection of the Far East Sauna. Ms Tift questioned Officer McCluskey with his testimony reflecting two violations as follows: no records available for inspection, and obstruction of a towel in the viewing window. Officer McCluskey stated Ms Hobbs informed him her re- cords were at her home as she was working on them there. Ms Tift conterJed there are no records. Mr. Terry again explained that Ms Hobbm does not speak or understand the english language, and felt the towel obstructing the viewing window was of no consequence as there were no customers on the premises. Ms Tift felt the violations had been proven and recommended a 30 day sus- pension. Mr. Terry did not agreed with a 30 days suspension. Motion by R. Mosely and P. Drouin to approve a 30 day suspension of Ms Hobbs license, carried as follows: 7 affirmative, 1 abstention (Adrian). Recess 9:40 until 9:55 p.m. Motion by R. Mosely and P. Drouin that the suspension of Ms Hwang'S license and Ms Hobb~ license to be effective 12:00 noon Thursday, December 22, 1983, carried as follows: 7 affirmative, 1 abstention (Adrian). City Council Meeting Minutes December 21, 1983 Page Four ORDINANCE 3883 - 1983 BUDGET AMENDMENT AB83-661 #1458 Motion by P. Drouin and J. Adrian to pass on emergency AN ORDINANCE of the City of Bremerton amending Ord. 3764 as amended by Ord. 3858 pertaining to the financial budget for the several funds of the City Government of the City of Bremerton for the fiscal year 1983, appropriating the amounts set forth in said budget to each fund in accordance with RCW 35.33.075, and declaring an emergency, carried unanimously. ORDINANCE 3884 - AMENDING OFFICE HOURS FOR CLERK/TREASURER OFFICES AB83-662 #1507 Motion by C. Pachek and J. Adrian to pass on emergency AN ORDINANCE amend- ing Ord. 3708, S 1, to alter the office hours of the City Treasurer and the City Clerk, and declaring an emergency, carried unanimously. ORDINANCE 3885 - INCREASING B&O TAX FROM .001 to .00125 AB83-663 #1611 Motion by R. Mosely and R. Johnson to pass on emergency AN ORDINANCE amending Ord. 3681, S 1, to increase the rate of the Business and Occupation tax from one-tenth of one percent to one and one-quarter tenths of one percent until Oct. 1, 1984, when the rate shall revert to one tenth of one percent; and declaring an emergency, carried unanimously. ORDINANCE~ 1st Reading - INCREASING UTILITY TAX ON NATURAL GAS AB83-664 #1712 Jack Randall, Cascade Natural Gas District Mgr, felt this is in error. Mr. Randall discussed natural gas tax paid by several large users, and felt this will place a hardship on these users. Mr. Randall discussed a pending senate bill regarding this issue, and requested consideration of this bill prior to this ordinance being passed. Mr. Broughton emphasized this is first reading, and March 1, 1984 is the effective date. Mr. Broughton stated he will discuss this increase with Cascade's attorneys. Leo Olney, City Treasurer, discussed bringing natural gas tax in line with other utilities. Motion by R. Johnson and C. Pachek to approve on first reading, AN ORDINANCE amending Ord. 2525, §4, to increase the tax on sales of manufactured or natural gas from 2% to 4% of gross business, carried as follows: 7 affirmative, 1 opposed (Sturdivant). RESOLUTION 2002 - SET RATE FOR LONG TERM METERED PARKING AB83-666 #2233 Motion by P. Drouin and S. Horning to pass a resolution setting rate for long term metered parking at 20¢ per hour, carried unanimously. RESOLUTION 2003 - SET UNIFORM METERED RATES AB83-667 #2650 It was established this ordinance is to set uniform rates at metered parking stalls and bring all metered parking into conformance. Motion by P. Drouin and C. Pachek to pass a resolution that the rate for all parking meters (except red meters) in the downtown area, bounded by llth St on the north, 1st St on the south, the water on the east and Park Ave on the west (except the 300 block of Park Ave), shall be 20¢ per hour; and that the rate for all red meters in this area shall be 10¢ per 15 minutes, carried unanimously. RESOLUTION 2004 - CALLING FOR SPECIAL ELECTION RE: YMCA USE OF CITY LAND AB83-668 #2650 Mike Liebert, YMCA Board Member discussed the YMCA project proposal for locat- ing a new facility on city property on the eastside near the municipal swimming pool. Construction will require a substantial capital outlay. Because the City Charter requires that any exclusive use of property given by the City must receive prior approval of voters, it is necessary to place this issue on the ballot for the special election on February 8, 1984. The YMCA is requesting approval so that this resolution can be immediately forwarded to the Kitsap County Auditor. Mr. Liebert discussed the resolution requiring a thirty year concessionaire's agreement, and requested this be changed to fifty years. Discussion followed regarding City's responsibility to place this issue on the ballot. Discussion continued regarding placement on the ballot Tape without information on type of building or specifications. Mr. Broughton 99 discussed this measure going to a vote of the people as a necessary step prior to drafting of specifications and plans. Pete Flynn stated the Chamber of Commerce Board will back this resolution and urged Council to pass the resolution. Bert Gegner urged Council not to be hasty as removing the Y from downtown will hamper PSNS and other workers from using the Y during their noon hour. C. Prisk urged Council to allow opposition after hearing from the voters. Motion by E. Sturdivant and J. Adrian to pass A RESOLUTION calling for a special election to be held on February 8, 1984, and declaring an emergency, and changing the resolution to read "Fifty years", carried unanimously. City Council Meeting Minutes December 21, 1983 Page Five CHANGE ORDER/GORST CREEK PUMP STATION RE-ROOF/REPAIR OF DECK STRUCTURE CONTRACT NO. 2390 AB83-670 #0190 Motion by P. Drouin and J. Adrian to approve Change Order #1 to Contract No. 2390 in the amount of $850, carried unanimously. SLUDGE-TIMBER GROWTH RESPONSE STUDY AB83-671 #0251 Motion by P. Drouin and S. Horning to approve the contract for Sludge-Timber Growth Response Study, carried unanimously. REVENUE SHARING FUNDS AB83-672 #0247 Motion by P. Drouin and E. Sturdivant to allocate Revenue Sharing Funds for 1984 as follows: Kitsap Community Action Program $ 6,100.00 YWCA Alive Program 13,500.00 Kitsap Council on Aging 10,000.00 carried unanimously. CONTRACTS FOR FIRE PROTECTION SERVICES TO STATE FACILITIES AB83-673 #0329 Motion by Ro Johnson and J. Adrian to table for one week, carried as follows: 7 affirmative, 1 opposed (Drouin). PRELIMINARY PROPOSAL PROSPECTUS/URBAN ARTERIAL BOARD GRANTS AB83-674 #0329 Motion by P. Drouin and S. Horning to approve the preliminary proposal pro- spectus for Urban Arterial Board Grants for three street improvement projects, carried unanimously. ANNUAL LEAVE CARRYOVER AB83-675 #0355 Motion by R. Mosely and C. Pachek to approve annual leave carryover for B. Duffy, P. Orr, S. Jaynes, D. Patmon, L. Morrill, D. Proctor, J. Cobb, B. Maves, R. Waldroop, M. Fuller and R. Otis, carried unanimously. COUNCIL MEMBERS REPORTS #0445 P. Drouin stated there will be a regularly scheduled Wastewater Facility Committee Thursday, December 22. There will be no committee meeting on December 29. SPECIAL REPORTS Mr. Olney thanked the City Attorney and staff for efforts in preparing all the emergency ordinances and resolutions for this meeting. Meeting adjourned at 11:00 p.m. ~GILBE~T-W.~N~ ~sst. Purchasing Agent APPROVED: ART ~NISERSON, C~'~n~i~i P~esident EXHIBIT "A" General Conditions: 1. This SHORELINE MANAGEMENT MASTER PROGPJ~M PERMIT is subject to the various requirements contained in the Bremerton Shoreline Master Program's, 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 therein. 2. The site shall be developed essentially the same as the site plan labeled Exhibit "A" 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 by the City Council, under the requirement of WAC 173-14. Prior to the Issuance of the Building Permit: 3. Engineering Department requirements shall be met as follows: (a) Provide written erosion control plans which meet the approval of the City Engineer~ (b) Control storm drainage according to the requirements of the City Engineer and the Washington State Department of Ecology. (c) Meet excavating and landfill requirements of the City Engineer and submit a written soils condition and slope stability analysis of the site prepared by a registered professional engineer. (d) Secure a sewer easement across the property to the northwest in order to hook up to the City sewer system when the sewer moratorium is lifted. 4. Plans shall be submitted for approval of the Planning Department which contains the following: (a) Landscaping plans which include: (1) Screening along Wheaton Way per section 716 of the Zoning Ordinance; (2) Internal parking lot landscaping if the subject parking lot is to be connected with the Quarterdeck parking lot; (3) More effective screening along the southeast side yard setback per Zoning Ordinance section 716. - (b) Parking area layout plans for at least might (8)parking stalls which include any site plan changes for continuation of the parking area from the Quarterdeck Restaurant to the northwest. (c) Undergrounding of all utilities serving the subject site. (d) Two or more bicycle parking spaces which comply with the adopted Planning Commission Bicycle Parking Standards. (e) External lighting (if any is to be provided) which is predominately ground related and which minimizes glare to vehicular traffic and residences in the surrounding area. (f) Signing consistent with Bremerton Shoreline Management Master Program regulations ~ through ~, pages 54 and 55. (g) Plans for a 3,600 square foot, or smaller, structure which will afford a view of the Port Washington Narrows from Wheaton Way through With a five (5) foot side yard setback along the south property line. EXHIBIT "A" page two Prior to Issuance of an Occupanc$ Perm~: 5. A public pedestrian access easement for public access along and over any tidelands on the subject site shall be granted to the City and filed with the County Auditor. e property on Wheaton Way. 8. The applicant shall meet Engineering Department requirements for curb, gutter, and sidewalk (location and standards). 9. The developer shall comply with all of the conditions of this permi%. 7. The developer shall place in escrow $1,500.00 as the applicant's fair share of a future two-way turn lane which will serve the property on Wheaton Way, interest on $i,500.00 shall be retained by the City until the actual improvement is made at which time adjustments are to be made.