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HomeMy WebLinkAbout03/23/83ape 11 Unapproved #05h6 Minutes C~TY COUNCIL MEETraG MmUTES ~O~t March ~3, 1983 ~~ ~R30~98~ 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 23, 1983 at 5:30 p.m. with Council President Anderson presiding. Those present were: Spencer Horning Clyde Pachek Roy Mosely Art Anderson Phil Drouin Bill Amo Jim Adrian Russell Johnson Mayor Dawkins City Attorney Broughton City Clerk McCluskey E. L. Sturdivant: Absent The meeting opened with the Pledge of Allegiance and the invoca- tion was given by Clyde Pachek. CONSENT AGENDA A. Approval of Minutes for March 16, 1983 AB 83-153 C. Bid Call Request/Sewerage Improvement System AB 83-155 D. Bid Award Recommendation to United States Pipe and Foundry Co. in the amount of $33,088 as to specifications and low over- all bid. AB 83-156 Motion by P. Drouin and B. Amo to approve consent agenda items A, C .and D, carried unanimously. INFORMATIONAL ITEMS Clerk presented claim for damages from Marie Sipple in the amount of $53.35 for broken shoe heel due to tripping on a carpet strip. Clerk stated this has been turned over to the City Attorney's office. AB 83-157 CLAIMS/VOUCHERS AB 83-158 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 as been made available to Council. Motion by R. Johnson and C. Pachek as of this date, the Council does approve for payment those claims as follows: Salary Fund in amount of $190,2~1.29 and FICA in amount of $10,010.39 for payroll period March 13, 1983 and those warrants included in the warrant register as follows: Warrant No. 9265 through 9267 inclusive in amount of $10,851.95, carried unanimously. #0723 MAYOR'S REPORT Mayor Dawkins distributed copies of the 198~ Fire Report to the Council members. Mayor Dawkins stated Mr. Horning has been in- vited along with the Mayor to present awards to the Olympic High basketball teams. The Mayor discussed a new Parks Dept. program, called "Adopt a Park" whereby .citizens can participate. Mr. Mosely inquired of the Mayor regarding reports on department~ and any problems. Mayor Dawkins stated the state auditors report would be available in three weeks. Mr. Drouin inquired of the Mayor regarding the animal control facilities. The Mayor stated participants would be meeting at 7:00 this evening. #0833 CITY ATTORNEY'S REPORT City Attorney Broughton discussed negotiations with Kitsap County prosecutor's office to provide compensation to victins of crime from Bremerton Municipal Court. He stated there will be no additional cost, as funds will come from court costs and crime victims fund to which we contribute, Mr. Drouin thanked the Attorney for Mary Killian's participation in the Sewer Committee's meeting. City Council Meeting Minutes March 23, 1983 Page Two #0901 PUBLIC RECOGNITION Maria Saraga, High Ave., discussed narrow streets where parking is allowed on both sides and blind corners due to high hedges, and parking too close to the corner. She felt both these situa- tions are hazardous. Mr. Pachek stated he has checked these areas and will assist with report to the Police Department. Harry Penor, owner of H & P Towing and Bremerton Towing discussed difficulties with collecting impound fees when payment is made by check. He felt the way the ordinance is written it cannot be enforced. B. Broughton discussed problems with handling this as a criminal offense and advised Mr. Penor of the NSF ordinance. A. Anderson suggested Mr. Penor meet with the Mayor and City Attorney to discuss this issue. #1165 Walterine Taylor, 2708 Callaghan Dr., discussed placing items of interest to the general public at the top of the agenda. Mr. Adrian stated a general study session has been arranged to address this issue. #1302 Ruth Davie, 1510 Park Ave., discussed not being able to receive copies of prior utility bills except hand written sent through the mail. She stated this would not constitute a legal document. Ms Davie discussed copies of claims being selected by staff for her review instead of being given the entire file, and the excessive cost for copies. She discussed the gate at Evergreen Park not being closed. She felt the park is too small for traffic in and out of the park. A. Anderson asked Mayor Dawkins to look into having the gate at the park closed. Mrs. Thomas Long, 2433 E. Phinney Bay Dr., produced a chart with her calculations on sewer funds with the increased rates. She stated the total annual would be $6,321,670.14 multiplited by 30 yrs, the city would collect $189,650.100. She stated this does not include commercial usage or additional charges as the City grows. Mr. Mosely s~ated ~'Lengdid not show costs for operation and maintenance'~ ~4r. Anderson suggested Ms Long meet with the Engineer, Treasurer and Wastewater Supt. for accurate figures. Mr. Drouin stated the 30 yr. figure should be 20 yrs. as they are anticipating a 20 yr. bond. ~i825 ~i897 ~19~6 Tammy Woodbury, 1519 Park Ave., inquired as to the kind of second- ary treatment plant? D. Proctor, Wastewater Supt., stated it would be activated slugde. He stated the average would be 10 million gallons a day, peak estimated at 29 million gallons a day. Mr. Drouin stated the treatment plant pamphlet is available in the Engineering Department. Walterine Taylor, stated she contacted Puget Power regarding having a street light put in on Callaghan Dr and was told if the Engineer- ing Department approved this it would be installed. It was suggested Mrs. Taylor should write a letter to Engineering. POLICE DEPARTMENT VEHICLES - BID CALL REQUEST AB 83-154 Chief Christensen stated the Police Dept. is-requesting authoriza- tion to purchase two used vehicles to be used by administrative staff. There was discussion regarding surptused vehicles and it was felt the Police Dept. could utilize surplused vehicles. The Chief stated utilizing surplus vehicles would not be cost effective. Mr. Anderson stated he felt the specifications were too restrictive. Mr. Anderson also felt the city doesn't need new cars every two years. Chief Christensen stated cars would be kept 20 years if they are cost effective. Mr. Amo asked the Mayor for a run down on City vehicles. The Mayor stated auditor has a report on allCity vehicles except the Police Dept. Mr. Amo felt the City should have a program for acquiring vehicles. 'Mr. Mos~ asked the Chief for the number of vehicles in the Police Dept. Chief Christensen gave a total of 28 vehicles. He sta~jtlhey will not be adding to this figure as they plan to surplus ~t~,o, yehicles. City Council Meeting Minutes March 23, 1983 Page Three POLICE DEPARTMENT VEHICLES - BID CALL REQUEST CONTD Motion by J. Adrian and R. Mosely to table until the April 4, 1983 study session. Mr. Johnson recommended including flee~ maintenance in the policies and procedures manual. Question called on the motion, carried unanimously. Recess 6:30 until 6:35 p.m. ~27ao HEARING - WESLEY, CHANGE IN LAND USE RESTRICTIONS AB 83-159 A. Anderson asked if any Council members had a conflict of interest with this hearing? Mr. Amo excused himself from this hearing. A. Anderson inquired if any member of the public had obJecttions to any Council member hearing this issue? There were no objections. Clerk stated this is a change in land use restrictions request to allow six rather than four physicians and modify method and timing of sidewalk construction. She stated this has Planning Commission approval of change in variance restrictions. ~2753 K. Attebery, Planning Director stated in 1981 Shoreline Permit was issued allowing 4 physicians with 7 parking stalls for each totaling 28 parking stalls, and construction of concrete sidewalk. He stated this request is to allow additional pnysicians, with additional parking on lot to the north or leased off site parking across Campbell Way, and construction of the sidewalk at such future time as the sidewalk becomes feasible. Tape 12 ~0137 as cmntained n 1 7 Ms Long discussed spot zoning, stating the Comprehensive Plan was designed to eliminate spot zoning. Ms Long felt the Planning Department staff should be concentrating their efforts on com- pleting the zoning map. She requested Council to ask the Planning Department to work harder and put aside other work until the zoning map is complete. K. Attebery stated this portion of the zoning map is complete and has been zoned commercial for several years. #0309 Mr. Drouin discussed proposed signal light at Lebo Blvd. and Wheaton Way and Campbell Way becoming one way. A. Kane, City Engineer stated Campbell Way possibly may become one way, but there is tie in with the traffic light at Lebo and Wheaton. #0637 Dr. Wesley s~ated the original permit was for 4 physicians. He discussed parking requirements of the code, and need to increase parking for additional physicians to occupy the building, and importance of knowing there are enough parking spaces for staff and patients. He discussed the adjacent property for use for parking as well as off site parking across the street. There was concern that leased property for off site parking can be terminated. Motion by S. Homing and P. Drouin to approve the Change in Land Use Restrictions subject to conditions A through D as shown on Exhibit "A" with provision of binding agreement t~ pay for side- walk construction at such time and manner as required by the City Engineer, carried as follows: 6 affirmative, 2 opposed (Anderson, Johnson). ~l17a ORDINANCE #3825 - ESTABLISH POLICIES TO DETERMINE SEWER RATES AND CHARGES AB 83-116 Clerk read AN ORDINANCE amending Ordinance 3700 relating to policies for determining equitable charges for users of wastewater facility sytem. Motion by P. Drouin and C. Pachek to pass on second reading, Ordinance 3825, carried unanimously. City Council Meeting Minutes March 23, 198'3 Page Four ORDINANCE #3827 - MOSER REZONE AB 83-148 Motion by S. Horning and J. Adrian to pass on second reading, AN ORDINANCE amending the use and area maps of Ordinance No. 1792, upon application for rezone from R-1 to R-2,.and subject to various requirements and other applicable laws and regulations, (Curtis Moser), carried as follows: 7 affirmative, labstention (Amo). ORDINANCE #3828 - D & D INVESTMENT REZONE AB 83-149 Motion by J. Adrian and S. Homing to pass on second reading, AN ORDINANCE amending Ordinance No. 3683, regarding rezone from Residential 1 (R-I) to Residential 2 (R-2) (D&D Investments), carried as follows: 7 affirmative, 1 abstention (Amo). ~!289 ORDINANCE - 1st Reading - JUNK CARS ON PRIVATE PROPERTY AB 83-160 C. Pachek discussed dismantled, inoperative or wrecked vehicles as being a public nuisance. B. Broughton stated the current ordimance deals with abandoned vehicles only. This amendment deals with dismantled, inoperative and wrecked vehicles. There was concern as to who would determine if a vehicle cannot be made operative and where powers of enforcement rest. B. Broughton stated the Building and Police Departments will be in- volved with enforcement. He stated the property owner would be given 10 days to abate, after which a citation will be issued. Motion by C. Pachek and P. Drouin to approved on first'reading, AN ORDINANCE amending Ordinance No. 3529, Section 2, Article XI (B) pertaining to public nuisances, carried unanimously. Recess 7:55 until 8.00 p.m. #1788 #2001 ORDINANCE, 1st Reading/EMERGENCY POWERS OF CITY OFFICIALS AB 83-162 Motion by R. IJohnson and B. Amo to approve on first reading, AN ORDINANCE amending Ord. 3439 relating to the emergency powers of the City officials. There was discussion regarding description and determination of dangerous building. Mayor Dawkins stated the Building Inspector and/or Fire Inspector will make recommeda- tion to the Mayor and he will bring it before Council. B. Melgs, Fire Chief discussed buildings damaged from fires and the need for authority to tear such buildings down. There was discussion regarding who the designee would be. A. Anderson stated emergency powers are needed but felt the way the ordinance is written is too broad. Motion and second were withdrawn. Motion by J. Adrian and B. Amo to table for 3 weeks to allow the Council President time to establish a committee to review, carried unanimously. #2471 RESOLUTION #1967 - ESTABLISH SEWER SERVICE RATES AB 83-163 Motion by R. Mosely and C. Pachek to pass A RESOLUTION regarding the new sewertrestment facility and establishment of sewer ser-~ vice rates. Ms Davie inquired how operation, maintenance and constructions costs would be separate,~ or are these rates going to be kept even if the plant isn't built? Mr. Mosely stated if the plant isn't built, sewer rates will be re-evaluated and reduced in accordance with system needs and State laws. Question on the motion, carried unanimously. RESOLUTION #1968 - PROMOTE ADJOINING SEWER DISTRICTS AB 83-164 Motion by J. Adrian and R. Johnson to pass A RESOLUTION regarding increased usage of the planned Bremerton sewage treatment by adjoining sewer districts to promote reduction of costs of governmental services, carried unanimously. City Council Meeting Minutes March 23, 1983 Page Five ~2628 CITY MANAGEMENT STRUCTURE & ORGANIZATION/ESTABLISH NEW POSITION CLASSIFICATION/MANAGER OF FIELD SERVICES AB 83-165 Clerk read memo from Mayor Dawkins stating the proposed structure and organization and position of Manager of Field Services will allow the decision-making process to proceed in an efficient and effective manner, and will achieve proper communications and coordination between department managers and City Council. Also, it will facilitate constructive communications between the City's decentralized departments resulting in cooperative environment. Clerk read memo from Council member E. Sturdivant opposing the organizational plan and management proposal. The memo states it will not improve decision making process and the Mayor will be hindered by another administrator. He discussed a number of unbud~eted expenditures and adding a position paying $35,000 would be too costly. Mayor Dawkins stated with the proposed structure there will be Y people reporting do him as an advisory group. He stated the field services manager will oversee the outside shops and report to him. He stated this will be a savings as two positions budgeted for at $56,000 will not be filled. Clerk explained these positions have been filled in the past but were vacated last year and not yet filled. Cal Leichman, 205 High Ave. discussed efficient management and felt it may be more costly to the City not to establish this position. He stated good management consists of fewer people reporting to the Mayor. rape 13 40071 Thomas Rosebrough, Jacobsen Blvd. discussed Article 6, Sec. 26 of the Charter and questioned i~ this position can be established. B. Broughton discussed appointments the Mayor can make an~ta~a~ed the Mayor will not be relinquishing authority. 40190 ~0235 Ms Davie inquired if this position will be Civil Service exempt and discussed the ratio of "Chiefs to Indians" She stated she would like to see the Job discription and that this looks like empire building. Mayor Dawkins stated aI1 Department Heads are not Civil Service but go through a formal hearing process. Charles Ullock, Marine Dr., discussed the Charter and stated the Charter says "he shall appoint" not "may appoint". Mr. Mosely stated his concern regarding cost and as~e~ if money would be saved. The Mayor responsed it would in the long run. Motion by B. Amo and P. Drouin to approve the establishment, authorization and funding of the Manager of Field Services exempt position classification contingent upon Civil Service Commission approval, carried as follow: 7 affirmative, I opposed (Mosely). ~0412 4o/~T1 PROPOSED ORDINANCE CHANGE RE: AMBULANCE AB 83-166 B. Meigs stated this change is requested to prevent license holder from shuffling equipment in and out of operation and possibly defeat the purpose of the inspection requirements. Motion by S. Horning and C. Pachek to authorize the City Attorney to draft an amended ambulance ordinance, carried unanimously. PROPOSED ORDINANCE CHANGE RE: PAWN SHOP/SECOND HAND DEALER AB83-16Z Capt. Maves, Police Dept., stated this change is requested to aid in recovery of stolen property. He stated the Police Dept. would like to see precious metal dealers included. Motion by R. Mosely and C. Pachek to authorize the City Attorney to draft an amended ordinance for Pawn Shops, Second Hand Dealers, and Precious Metal Dealers, carried unanimously. ~1108 #1253 #1283 City Council Meeting Minutes March 23, 1983 Page Six ADDITION & REVISION OF POLICIES & PROCEDURES AB 83-109 Motion by R. Johnson and B. Amo to table not to exceed 3 weeks. A. Anderson suggested a meeting with the Clerk, Auditor and Asst. Purchasing Agent. The Clerk stated they would welcome a meeting. She stated the additions and revisions comply with state auditor requirements. Mr. Drouin felt holding this for another three weeks is unnecessary. Question called on the motion, carried as follows: 7 affirmative 1 oppose (Drouin). REVIEW OF CONTRACT DOCUMENTS AB 83-169 P. Drouin stated the Sewer Committee is requesting authorization to have a review of the Sewerage Improvement contract documents by an expert prior to accepting bids. It was stated a project of this magnitude needs to be looked at by a contractual law firm. Motion by P. Drouin and, R. Mosely to approve authorization for the City Attorney to have an independent contractual law firm review the contract documents prior to accepting bids, carried unanimously. REPORTS P. Drouin stated the sewer committee have been meeting with CH2M Hill and Foster and Marshall representatives. R. Johnson stated he noticed a decided change in the meeting this evening, and felt it was a change for the better. Meeting adjourned at 9:20 p.m. APPROVED: KATHLEEN L. i, icCLUSK;Y, CITY CLi<NK ART ANDERSON, Council President EXHIZZT DR. RICHARD WESLEY CHANGE IN LAND USE RESTRICTIONS A. Revise condition i4 restricting the building use and number of physicians as follows: The use of the subject building shall be limited to offices fo~ physician specialists excluding Family Practicioners, Pediatricians and Opthamologists. Revise condition ~5 regarding parking as follows: Seven (7) parking stalls per physician shall be required, provided that: a, The term "per physician" is intended to mean one (1) full- time physician or two (2) ~or-mc~.S pa~tt--time physicians maintaining-not more th.an 32 office hours per week. No less than four (4) stalls per physician shall be provided for patient parking and located on the subject site or on abutting property within fifity (50) feet of the site. Any off-site parking shall be located adjacent to or across Campbell Way from and within 250 feet of the subject property. Any off-site parking which is under separate ownership shall be secured by a binding legal agreement in a form acceptable to the City Attorney; said agreement shall be filed with the County Auditor to run with the property. The total number of stalls provided need not exceed that required by any zoning ordinance in effect at the time. The applicant shall be required to meet the full require- ments of City Ordinances for numbers of parking stalls at any future time should the City Council determine that such a need exists upon such evidence as might be submitted to them. Revise condition #8(b) regarding sidewalk construction; Prior to issuance of final occupancy permits the developer shall sign a binding agreement to pay for constructin., of a Portland concrete cement sidewalk with thickened edge curb fronting tho subject property on Campbell Way at such time and manner as required by the City Engineer, or otherwise provide for such payment in a manner approved by the City Attorney. All other conditions of Variance specified by Bremerton Planning Con~nission Resolution No. 608 shall remain in effect except as they may be modified by any future City Council action on Shoreline Permit No. 56-81.