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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.