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HomeMy WebLinkAbout01/26/83#2251 Tape 288 Unapproved Side 1 Minutes #2217 January 26, 1983 ~ Washington, was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington, Wednesday, January 26, 1983 at 5:30 p.m. with Council President Anderson presiding. Those present were: E. L. Sturdivant Spencer Horning Clyde Pachek Roy Mosely Art Anderson Phil Drouin Bill Amo Jim Adrian Russell Johnson Mayor Dawkins Asst. City Attorney Tift City Clerk McCluskey The meeting opened with the Pledge of Allegiance and the invoca- tion was given by Spencer Horning. CONSENT AGENDA ITEMS A, C, AND D A. January 19, 1983 City Council Meeting Minutes C. Request to purchase Police Dept. vehicles - AB 83-47 D. Authorize the Utility to dispose of scrap iron by selling, thereby serving the best interests of the City. AB 83-48. Motion by J. Adrian and B. Amo to approve Consent Agenda items A, C and D, carried unanimously. Mary Lou Long, 2433 E. Phinney Bay Drive, stated that she was not quoted fully in the January 19, 1983 minutes. She stated there was only one sentence and much more was said. Mr. Anderson stated the minutes had been voted upon and approved. Mr. Amo suggested that Ms Long submit in writing the requested changes for Council review. #2317 JANUARY 17, 1983 MINUTES Mr. Drouin asked that the minutes be amended as follows: pg. 2, para. 4, 4th line should read "1982" and pg. 1, para 4, last line should read "offered" rather than awarded. Mary Lou Long stated two of her questions were not included. She had asked if it was true that CH2M Hill already had the contract for sewerage construction project and if they had the rights to the by-products. She stated that Mr. Card responded "they were negotiating the contract and what would they do with the by-pro- ducts?" Mr. Mosely stated the methane by-products will be used at the plant. Motion by P. Drouin and R. Johnson to approve the minutes as amended above, carried unanimously. PUGET SOUND COUNCIL OF GOVERNMENTS Mr. Anderson stated there is a meeting of the Puget Sound Council of Government on Thursday,January 27, 1983 in Bellevue. Attending with Mr. Anderson will be Mr. Horning and Mr. Adrian. CLAIM FOR DAMAGES - SERVICE PLUMBING AND HEATING AB 83-49 Clerk presented a claim for damages from Service Plumbing and Heating in the amount of $1,265.04 for flood damage due to break in dam at Gorst Creek. Ms McCluskey stated this has been sent to H & K Insurance and Brown Bros. Adjusters. CLAIMS AND VOUCHERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.090, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. Motion by B. Amo and C. Pachek as of this date, the Council, does approve for payment those claims as follows: Salary Fund for payroll period January 16, 1983 in amount of $195,844.19 and FICA for period: January 16, 1983 in amount of $10,126.79 and those vouchers included in the Warrant Register further described as follows: Warrant no. 7881 in amount of $6,990.08 and Vouchers 07907 through 08157 inclusive in amount of $304,781.27, carried unanimously. ~2418 #2608 #2688 Side Two ~0030 #0250 #0461 City Council Meeting Minutes January 26, .1983 Page Two PUBLIC RECOGNITION 5:45 P.M. Mary Lou Long, 2433 E. Phinney Bay Dr., questioned whether it was appropriate to label the Manette Fire Station as surplus. It is being used for storage, by the Model Railroad Club and there are other community interests. She felt Council should be looking at more than just the dollars it could generate, and stated the public should be given the opportunity to determine how the property is used. She noted that Mayor Dawkins is in the Real Estate business. Mr. Sturdivent stated that Ms Long is jumping to conclusions. The building was declared surplus as a Fire Station and the Mayor has been requested to perform a thorough review and report back to the Council in one month. He stated the Council needs facts before they can ask make any decisions. Mr. Drouin asked MS Long for a copy of her'questions and list of suggestions . ORDINANCE TO PROHIBIT CARRYING A PISTOL IN A TAVERN Chief Christensen stated he had asked for this ordinance to be written. He stated he had visited several taverns and did not receive any negative responses. He stated this ordinance is for the protection of the public and police officers. Chief Christensen stated liquor and guns don't mix. R. Johnson asked if this applies only to pistols or all firearms. Chief Christensen stated this applies to all firearms. He stated he is more concerned with concealed weapons; that often they are produced when a problem arises, compounding the problem. He stated there is no intent to have his officers search tavern patrons for weapons. Question was asked if this would apply to Police Officers if they are called to a tavern due to disturbance. Asst. City Attorney Tift, stated law enforcement officers are exempt when in the line of duty. Bert Gagner, 932 Washington Ave, asked what would keep a criminal from going into a bar with a gun? He stated this law would be for the law abiding citizen. Suzanne Storto, stated she agrees with Chief Christensen that guns and drinking do not mix. David Leviton, San Francisco Gun Exchange, stated he deals with law enforcement agencies. He stated in San Francisco they. are fight- ing gun bans and should fight against them here as well. Mr. Leviton discussed the process for obtaining a concealed weapons permit in California and stated a ban on weapons in bars would have no effect on those carrying guns illegally. He posed a hypothetical queston of having no car in which to lock his gun, should he hand the gun to the bartender on entering the bar? He stated he deplores the weapons ban. Eugene Meyers, asked Chief Christensen if he has access to a TELEX machine and read from State Law. Mary Lou Long suggested a sign in taverns to say "no one allowed on premises with firearms", and asked if the request for this ordinance i from tavern owners? A. Anderson stated the request is from the Police Department with tavern owners approval. Harold Box, 1216 Chester, spoke of his years with Seattle Po~i,ce and FBI in undercover work and personal experiences with other' people where drinking and guns don't mix. Mr. Box stated he supports the proposed ordinance. City Council Meeting Minutes January 26, 1983 Page Three ORDINANCE TO PROHIBIT CARRYING A PISTOL IN A TAVERN CONTD Mark Cooper, 573 SW Berrylake Rd, Port Orchard discussed Section VIII F of proposed ordinance regarding carrying pistol in vehicle. Ms Tift stated this was called to the City Ahtorney's attention by Mr. Pachek and this portion will be striken from the ordinance. Motion by E. Sturdivant and B. Amo that we not approve this pro- posed ordinance and ask the City Attorney's office to re-write an ordinance for consideration, carried as follows: 6 affirmative; 2 opposed, P. Drouin and R. Johnson; 1 abstain, R. Mosely. 6:30 HEARING - MOSER REZONE - R-1 to R-2 Clerk stated this has been before the Planning Commission. It has been advertised and posted as required by law. She stated this is a request for rezone from R-1 to R-2 at the NW corner of 6th St. and Constitution Ave. A. Anderson asked if any Council Member has a conflict with hearing this matter. He asked if anyone from the public sector objected to any Council Member hearing this matter. There was no objection. Ken Attebery, Planning Director stated this is a request for re- zone from R-1 to R-2. Mr. Attebery outlined facts and conclusions recommending conditional approval by Planning Commission as follows: General Conditions: 1. The subject site shall be rezoned to R-2 and limited to four units (20 units/acre). 2. This rezone is subject to the various requirements contained in the Bremerton Area Plan, the Bremerton Zoning Ord, 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. 3. The site shall be developed essentially the same as the site plan labeled Exhibit "B" except as modified to meet conditions of approval listed herein. 4. Any changes, revisions or additions which constitute a signifi- cant departure from the approved site plan shall require approval of the Planning Commission, subject to appeal to the City Council within ten calendar days. Prior to Issuance of Building Permits: 5. The developer shall obtain approval from responsible City departments for a final site plan which contains the following provisions: a. Building height not to exceed 30 ft. above the average existing grade level directly under the building pad, nor be more than 2 stories. b. Building setbacks no less than 15 ft. from the west property line and 15 ft. from the east property line. c. Eight on-site parking stalls. d. Storm drainage detention: Provisions of an on site storm drainage detention system. e. Access limited to one 25 ft. wide driveway to Constitution Avenue. f. Screening as follows: 1) Along west and north property lines: an attractive solid wood fence no less than 6 ft. high. ~1071 ~1383 ~1578 City Council Meeting Minutes January 26, 1983 Page Four 6:30 HEARING - MOSER REZONE CONTD 2) Along south and east property lines: landscaped plant- ing areas no less than 8 ft. wide along the south line 5 ft. wide along the east line, planted as follows: a) Evergreen and deciduous trees, with no more than 30% being deciduous, a minimum of 6 ft. in height, and planted at intervals no greater than 20 ft. on center, and b) shurbs, a minimum of 3 ft. in height, and other plant materials planted so that the ground will be covered within 3 years. c) Such landscaping shall be modified as necessary near the driveway intersection to provide clear sight for entering and exiting vehicles. g. Outdoor lighting which does not directly illuminate neighboring properties. Mr. Attebery stated basement level of building on lot immediately west of the subject parcel recently experienced sewerage flooding du ing heavy rains. Ms Long questioned the amount of effluent generated an~ detail of drawing of plan. P. Drouin asked about providing storm drains. K. Attebery stated rain fall would be contained on site and slowly trickled out into s%orm system. Mr. Drouin asked for specifics of this containment. Allan Kane, City Engineer stated the developer would provide storm drainage detention system whereby the storm water would be contained. He stated a building permit would not be approved without an approved detention system. B. Amo asked if the sanitary system would be aggravited by this situation. Mr. Kane stated it would not improve the situation. Discussion followed regarding floodinq and run off problems dur- i g he~v~ rain falls. Mr. Amo discussed the residential character of t~ el borhood being single family dwellings and stated he is opposed Curtis Moser, Silverdale, stated the site slopes to the back, if it is paved for parking and detention system is constructed, there would be less run off. Brooks Snyder, 416 S. Lafayette, asked that this be held until after the neighborhood meeting, the second Monday in February, at the Westside Improvement Building. P. Drouin stated there is a Sewer Hearing scheduled for that night. If Mr. Snyder's group would care to change their meeting to another night, he would like to attend. Bob Duffy stated he agrees with the proposal but asked that bicycle parking be included in the plans. Motion by P. Drouin to accept recommendation of Planning Commission from R-1 to R-2 with conditions as shown, and add bicycle parking which meets the requirements of the Bremerton Planning Commission Bicycle Parking Standard, motion seconded by J. Adrian~ carried as follows: 8 affirmative, 1 opposed (~. Amol. Recessed from 7:25 - 7:35 ORDINANCE, 1st Reading - CONCERNS OFFICE OF BUILDING INSPECTOR Mary Lou Long asked for clarification of the ordinance. She asked that sections 2 and 3 be read. Ms McCluskey stated the ordinance is repealing sections 2 and 3 providing for Building Inspector Fund. Ms Long asked for further clarification. Mr. Drouin stated it is a "housekeeping" ordinance and suggested Ms Long be provided with a copy of the ordinance. Motion by P. Drouin and C. Pachek to approve on 1st reading, AN ORDINANCE amending Ordinance No. 1119 which concerns the office of Building Inspector, carried as follows: 8 affirmative; 1 abstention (B. Amo). ~2292 #2392 #2462 ~2556 City Council Meeting Minutes January 26, 1983 Page Five HEWITT AVENUE AREA SEWER OVERFLOW AB 83-30 Mayor Dawkins stated he met with the City Engineer and they are looking into City wide storm drain program, not only for Hewitt Ave. but all areas in the City with flooding and sewer backup problems. He stated the Grants Administrator is looking into possible grant Funding. Mayor Dawkins stated Everett is exper- iencing the same problems and they are planning a City wide storm drain program. Mr. Kane discussed various forms of financing: LID, Storm Drain Utility, Funds from the City, Grants Funding. He stated there is need for a thorough study to identify area; overall storm management, departments responsible to manage and need to provide the City with a comprehensive picture. J. Adrian asked when could Council expect this to brought back before them, Mayor Dawkins stated the City needs additional engineering staff and funds. He stated he will go to other areas with the same problems to look for solutions. B. Amo suggested farming out the engineering. Dave Baker, Asst. Engineer stated the sewer line runs from 15th and High to the water, it is 10" at largest; 30" pipe is required to carry storm water P. Drouin discussed the possibility of the City qualifying for flood hazard funds if grant funds are not available. R. Johnson discussed the need for preliminary options and cost information. Mayor Dawkins stated when asking for funding, plans are necessary to show what ~he problems are and actual cost. vi Muth, 1015 Hewitt, discussed response from City officials in the past and stated it's beginning to look as if there might be a solution to this problem. Ruth Davy, 1511 Park Ave, stated she has read the original ordinance and sewer and water funds were separated some time ago to be used for storm sewer separation-~ She stated the people have already paid for this with the sewer charges since they have been separate from water. She compared sewer rates with other areas stating Bremerton is not low. Richard Well, 126 Lebo Blvd., discussed Grant funding talks of 5 years ago. He asked what percentage of water that goes through the plant is storm water. Mr. Horning stated some storm water from the eastside is separated, but it is not economical to separate storm water from the west side. D. Proctor, Wastewater Supt., stated if a storm water utility were formed quickly we could address the problem and start the project immediately. We could borrow the money. #2687 Tape 289 Side 1 Frances Haddon Morgan discussed building and financing of first plant in 1948, stating the Navy assumed this responsibility and paid for the plant. Ms Morgan also suggested bringing in the U.S. Health Dept. Mayor Dawkins stated they are working with the Navy. Mary Lou Long stated R. Davy brought Council's attention to ;eparating of water and sewer funds. Ms Long stated in 1958 there was money collected from the citizens; the City owes the citizens service. ~%ulu%%%sted researching to see wh re this money went. She also asked effect of separation on t~e new plant. Mary Hawkins, 1010 Hewitt asked what the City Attorney heard from the Health Dept. Mayoz Dawkins stated he will look into this. The Mayor stated there is no immediate solution, but he hopes to have these problems resolved prior to next winter. ~0054 #0195 #0255 #0420 ~0515 #1048 ~1093 #1114 #1221 City Council Meeting Minutes January 26, 1983 Page Six HARBOR AREA LEASE #1511 AB 83-45 City Clerk McCluskey presented a'letter from the City Attorney to DNR. Mr. Mosely questioned if this area was vacated by the City when the dock was torn down. He stated the City may have been paying 20 years on property we do not kave. Discussion followed regarding property and lease. Motion by J. Adrian and C. Pachek to delay until City Attorney and Mayor receive answers from DNR, carried unanimous. ly.. NEWSLETTER FUNDS AB 83-51 Clerk read letter from J. Strait, President of Kitsap Lake Neighborhood Assoc., commending the Planning Department on past performance with City wide newsletter, suggesting additional personnel and equipment, and return of City wide newsletter. Suzanne Storto stated their members have no objection to City wide newsletter, but wish to put out their letter and under HUD Block Grant funds, feel this is an eligible request. Harold Box, President 4th District Neighborhood, stated he supports the neighborhood newsletter. Bert Gagner, spoke in opposition to monies going to neighborhood groups, stating he feels this is a special interest group. Michael Ho~ea stated she is looking forward to a City wide newsletter again. Mr. Amo stated that his neighborhood may not be interested in projects of"another neighborhood. He supports neighborhood papers. B. Duffy stated he favors a City wide newsletter as it provides a service to the people. He recommended Council appoint a study group and report back to Council. Mr. Adrian and Mr. Anderson discussed neighborhood groups adding attachments to City wide newsletter. Motion by E. Sturdivant and S. Horning to grant the 4th District Neighborhood Assoc. the $320 to print and mail a newsletter for the months of March, April and May, 1983. Mayor Dawkins stated he has a sponsor for a City wide newsletter and any group can add attachments. Ms Tift stated there may be some legal problems with HUD Block Grant Funds being used in this manner. She stated ske has two opinions that state these monies cannot be spent in this manner; she will look into this further. C. Donley, Block Grant Coordinator ~ated she cheoked with. HUD.and they had no problem with this. She was told by HUD that the City should have controls to insure the money is spent in the proper way. Question called on the motion, carried as follows: 6 affirmative; 2 oppose, A. Anderson and R. Johnson, 1 abstention, P. Drouin. CHANGE ORDER #3 - 6TH & CALLOW, CONTRACT 2231 AB 83-52 Motion by R. Mosely and E. Sturdivant to approve Change Order #3 on Contract 2231 in the amount of $1700.00, carried unanimously. CHANGE ORDER #3 - llTH & CALLOW, CONTRACT 2302 AB 83-53 Motion by R. Mosely and B. Amo to approve Change Order No. 3 on Contract 2302, no funds involved, carried unanimously. TIME EXTENSION, CONTRACT 2224 FIRE STATION #1 AB 83-54 Motion by C. Pachek an~ S. Horning to approve a time extension of 44 calendar days on Contract 2224, Fire Station #1, carried unanimously. RESIDENTIAL PERMIT PARKING REQUEST AB 83-55 Mr. Drouin stated he has conflict of interest and excused himself from this portion of the meeting, as he signed the petition. Motion by J. Adrian and R. Mosely to approve 4 hour parking limit and parking permit system on Olympic Avenue between Burwell and First Streets, carried unanimously. ~1255 City Council Meeting Minutes January 26, 1983 Page Seven REZONE CONFIDENTIAL ADVISORY BALLOTS AB 83-56 Ken Attebery discussed the past practice of enclosing Confidential Advisory Ballot cards with notices of hearings. He stated their supply of ballots is almost depleted, and is requesting Council approval prior to having ballots printed. Virginia Costello and Pat Carey, stated the ballots are important and encouraged Council to continue with their use. ~1424 ~1637 B. Amo stated they are a useful tool. E. Sturdivant asked if the requested funds of $35 for the year includes labor of enclosing in envelopes. Mr. Attebery stated it does. Motion by S. Horning and E. Sturdivant to provide $35 to have ballots printed, not including postage, carried unanimously. CONFIRMATION OF PROVISIONAL APPOINTMENT/BUILDING OFFICIAL AB ~3--41 There was discussion regarding the Building'Offi~ai'Scree~'~g'~hd~' Selection Committee, and appointment of a Council Member, Motion by R. Mosely and C. Pachek to approve 6Q day provisional appointment of Alvin Villwock to Building Official, carried unanimously, Mr, Anderson appointed R~ Mosely to the Screening and Selection Committee. Mr. Drouin re-entered the meeting at this time. AGREEMENT WITH FAIRINALL KENNELS AB 83-57 Clerk McCluskey stated this contract is needed until such time as Chief Christensen may produce an alternate plan. Ms Tift stated this is the same contract as with the former owner of Fairinall Kennels, that we do not have a current contract. Motion by E. Sturdivant and J. Adrian to approve contract with Fairinall Kennels for temporary placement Of dogs and cats, carried unanimously. SEWER TREATMENT PLANT GRANT ACCEPTANCE AB 83-44 P. Drouin reported on the Sewer Committee Meeting of January 21, and stated G. Vockrodt recommended the City obtain the services of Kramer, Chin, & Mayo, an independent firm, to provide a preliminary technical report on feasibility Of proceedin~ with-8aw~r improvements as engineered by CH2M Hill. The Vice President of Kramer, Chin, & Mayo stated this report wo~ld take 3 to 4 months. Mr. Vockrodt also suggested upgrading both existing plants to secondary sewer treatment and to use the same method as used by Shelton. Mr. Drouin stated this suggestion was discussed in de- tail and the committee agreed Bremerton does not have the land, this method requires more power to operate and produces more sludge. Motion by P. Drouin and C. Pachek that the Mayor sign the agreement with DOE for Secondary Sewer Treatment Plant Grant and have it in Olympia by Fehruary~l, 1983. Discussion followed regarding providing help . for low income residents that will need assistance due to increased sewer rates. P. Drouin discussed the escape clause and stated the maximum acceptable amount will be determined through rate hearings, and stated there will be input on low income rates pertaining to those unable to pay the increased rates. Mr. Drouin stated the rate hearings will be February 14 and 28, at 1:00 p.m. and 6:00 p.m. in the Great Northwest Building. He stated Glenn Fielder, Asst. Director, Offices of Water Programs will be present at the February 14 meetings. City Council Meeting Minutes January 26, 1983 Page Eight SEWER TREATMENT PLANT GRANT ACCEPTANCE CONTD Mr. Sturd~van~ discussed two aspects of th~ escape clause{ asking if the bids received are beyond bonding capacity would the escape clause apply? B. Card, CH2M Hill up until June 30, 1983. ~1923 Question called on the motion, carried unanimously, AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING SERVICES; CONTRACT WITH CH2M HILL AB 83-58 P. Drouin stated the Sewer Committee discussed p~op0sal with CH2M Hill as the engineering firm. He stated the committee found this firm to be acceptable. Motion by P. Drouin and R. Johnson to accept the contract with CH2M Hill for engineering services. E. Sturdivant discussed acceptance of the contract without escape clause. B. Card stated the contract can be terminated at any time and funding would stop at that point. He stated the contract provides controls over CH2M Hill. The City pays only for services. received. Question called on the motion, carried unanimously. PROFESSIONAL SERVICE CONTRACTS TO BOND COUNCIL FOR SEWER IMPROVEMENT BONDS AB 83-59 City Clerk stated four proposals were received. Foster and Marshall were low and stated they are a very good and reputable firm. Motion by R. Mosely and E. Sturdivant to accept proposal from Foster and Marshall as Financial Consultant for Sewer Improvement Bonds. Mr. Drouin stated he checked with the County and Foster and Marshall came highly recommended. Question called on the motion, carried unanimously. JOINT HOUSING AUTHORITY AB 83-60 Clerk stated the jount housing authority is requesting that Bremerton remain a part of the joint authority for another ten months. A. Anderson stated he has previously voiced his opinion on this issue and feels he has a conflict of interest. Mr. Anderson turned the meeting over to Vice President Mosely, and excused himself. J. Adrian stated he feels he should be excluded from voting on this issue as he holds certificates with the housing authority, but would like to remain for the discussion. Discussion followed regarding conflict of interest relating to Mr. Adrian. There were objections and Mr. Adrian excused himself from the meeting. Discussion followed regarding conflict of interest pertaining to S. Horning due to prior contracts with the Housing Authority. Art Zone objected to Mr. Horning hearing this matter. B. Amo suggested postponing this decision and holding a special m~eting on Monday, January 31, so that we can get the Attorney's opinion. Motion by E. Sturdivant and B. Amo to ask representatives of the Bremerton Housing Authority and the Kitsap Housing Authority to come to a hearing on Monday, January 31, 1983 at 7:00 p.m., in the Council Chambers to give us information on the Bremerton/Kitsap County Joint Housing Authority termination. After the hearing period we act on the extension request. Bill Mahan, County Commissioner urged the Council to accept the requested 10 month extension. B. Amo stated the Council would like an opinion from the Attorney's office On Monday regarding appearance of fairness and conflict of interest. Motion called on the question, carried unanimously. ~2537 City Council Meeting Minutes January 26,.1983 Page Nine JOINT HOUSING AUTHORITY CONTD Council asked for the ~ayor's interpretation of the Joint Housing Authority. Mayor Dawkins stated it is a complicated issue. The previous Council first passed on this issue and rescinded the passage. Virginia Costello asked if the Council will receive input from the public at the Monday meeting. It was stated this will be a public meeting. MAYOR'S REPORTS The Mayor stated he has been reviewing the Block Grant Funds and there will be a breakdown of the monies spent. Mayor Dawkins stated he has received a report from D. Lindgren of Brem-Air, and the City receives 20% utility tax on the gross amount collected by Brem-Air. R. Johnson stated he attended the Kitsap Lake Neighborhood Assoc. and reported on that meeting. Mr. Johnson stated he has had requests to have a condensed version of the agenda published in the newspaper. The City Clerk stated this has been an issue in the past. The newspaper will not print free of charge. She stated if Council wishes to authorize funds, arrangements can be with the newspaper for a regulat spot. Mr, Johnson discussed work at NAD Park. B. Amo stated he attended the Sheridan Neighborhood Assoc. meeting. He asked for a solution to vehicle parking on sidewalks on Lebo Blvd. Mayor Dawkins stated posting of signs could be a solution. He stated it would be unfair to ticket vehicles without prior notice since this has been a long standing practice. C. Pachek stated many citizens are concerned about the cost of the Sewer Treatment Plant. The sewer committee held a public information program~at Naval Avenue School. Meeting Adjourned at 10:35 p.m. ATTEST: KATHLEEN L. McCLUSKEY, City Cl~rk A. ANDE~N~,CoUncil President