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HomeMy WebLinkAbout07/20/83 i~oe 45 Unapproved ~9290 CITY COUNCIL MEETING MINUTES JuLY 20, 1983 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers, 239 Fourth St., Bremerton, Washington, Wednesday, July 20, 1983 at 5:30 PM, with Council President Anderson presiding. Also present were: E. L. Sturdivant, Spencer Horning, Clyde Pachek, Phil Drouin, Bill Amo, Jim Adrian~ Russ Johnson, Mayor Dawkins, Assistant City'Attorney Mary Killian, and Gil Johnson, Deputy City Clerk. Mr. Roy Mosely was absent. The meeting opened with the Pledge of Allegiance, and the invocation was given by E. L. Sturdivant. CONSENT AGENDA A. Minutes of July 11 and July 13, 1983. Motion by Phil Drouin and Clyde Pachek to approve consent agenda with the amended July 13 Minutes, rg. 1, eliminating reference to $1600 for rent, carried unanimously. )352 LAWSUIT/JOSEPH MENTOR AND LAWSUIT/KITSAP TRANSIT INC. Deputy City Clerk stated both of these lawsuits have been submitted for information purposes and they have been forwarded to the City Attorney's office and insurance companies 9354 CLAIM FOR DAMAGES/PACIFIC NW BELL Deputy City Clerk stated this claim has been submitted for information purposes and has been forwarded to City Attorney, insurance and department for their report, CLAIM FOR DAMAGES/SEWER BACKUP Deputy City Clerk stated theses have been forwarded to Wastewater Department, City Attorney's office and insurances. )362 CLAIMS/VOUCHERS AB83-381 Claims and vouchers audited and certified by the auditing officer 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 J. Adrian for payment claim for Warrants 11464 through 11466 in the amount of $8,582.98 and Warrants 11470 through 11695 in amount of $136,945.74, carried unanimously. )381 MAYOR'S REPORT Mayor Dawkins introduced Navy Sea C~det Cates. A thank you letter was received from the Gray Panthers of Kitsap, for helping to get the bus benches replaced. Letter from Department of Ecology certifying two more people in the Wastewater Department announcing Certificates of Competency are being issued to Harry L. Garber and Dave Shearer. They are now in Group II. Nayor stated interest in the search for the young man lost in the wooded area, he was one of the Special Olympic participants, and am happy that it turned out successfully that he was found and there are many people to thank for their efforts in the search. R. Johnson asked what is being done on Fire Works resolution? Mayor stated he talked with several legislators and will have the City Attorney's office prepare a resolution. Hopefully, bringing pressure on the legislature to return to the safe and sane fireworks will make it harder to obtain the fireworks. Met with.W~st Park tenants ~nd that was the one thing they particularly asked ~Out fireworks - what are you going to do about them. R. Johnson asked if a meeting with the Washington State Ferrys had been set up? Mayor indicated he is still trying to make contact and to coordinate a meeting with them. There is a vacancy on the Parks and Recreation Commission and on the Housing Authority Board and the following recommendations are submitted: Myron E. "Joe" Crawford - Parks and Recreation Commission and Thomas C. Rosebraugh - Housing Authority Board. 0546 Notion P. Drouin and Clyde Pachek recommends acceptance of appointment of I. lyron E. T~'6~r'Crawford to the Parks and Recreation Commission, carried unanimously. Motion R. Johnson and J. Adrian recommend the appointment of Thomas C. Rosebraugh to the Housing Authority Board, carried unanimously. A. Anderson stated that within the next few weeks the Council will be assigning a Councilman to be a liaison person between the Bremerton Housing Authority Board and and Council. Council feels this will be in the best interst of the city and Housing Authority. 0505 PUBLIC RECOGNITION Mrs. Walterine Taylor, 2708 Callahan Dr., expressed her thanks for replacing the chair in the ladies room downstairs and the railing on the bridge is very nice. She questioned the Mayor why in all his appointments he has not appointed someone from a minority group? Mayor responded that he did advertise in the news media for interested persons to submit an application - applications were taken. He never received one from a woman except one and the lady, when called, said she could not do it. Mr. Colvin was appointed to the Planning Commission and a woman was appointed to the Planning Commission. Mrs. Taylor restated that what she meant was "black minority", 0819 O888 1548 1710 ?490 City Council Meeting 'tl~y 20, 1983 Page Two Art Anderson announced that Agenda Item lO-F has been pulled from the agenda and will not be discussed at this meeting. ATTORNEY'S REPORT Assistant City Attorney Mary Killian noted in the minutes of July 13 Council had requested Attorney's office to determine whether the City would have to go out for bid if they went to an outside firm to run the wastewater facility - either the existing or future plant. Under the statutes regarding bidding for the running of a wastewater treatment facility it is excluded and would not have to go to bid. However, she expressed an opinion that it would still be advisable to go out for a bid. Phil Drouin asked if, in this same thinking from the Attorney's office, would they recommend going out for Attorney's bids? Drouin explained if it was advisable from the attorney's office to go out for bid in this circumstance maybe the attorney would advis~ when we wanted new attorney contract, that we also go out for bids for attorney services. The Assistant Attorney's response was it would be i'n Violation of the Charter. ORDINANCE 3854 - 2ND READING - REGULATING PARKING METERS Herb Effron, 5827 Lenea Dr., discussed his concern regarding the parking situation in downtown business district. He explained due to health reasons he had to park close to his business and that required that he park on the street. Because of this he received a number of tickets for over parking. He indicated that the downtown merchants are not overly concerned with the parking problem but are concerned as to safety and traffic congestion. He feels that many who are working for lower wages are the users and cannot afford monthly parking. He asked the question "who asked for this ordinaDce?" Bill Clark, 2504~ 6th Street, expressed his concern with the parking and traffic situation. He indicated he would like to locate his business downtown but that due to poor parking and congestion he could not. He indicated that he had not heard any complaints from downtown merchants. Walterine Taylor, 2708 Callahan Dr., shared her concern about the traffic controls. She feels the Walk/Wait signals are set improperly and do not allow a person to cross the street safely. Chief Duane Christensen, Policy Department, explained the term "stacking tickets" and outlined how the new ordinance would help eliminate some of the parking problems we are now having and help to eliminate the possiblity of getting more than one parking ticket at a time. Art Anderson asked if the 2-hr. signs would be taken down and the Chief indicated yes they would. R. Johnson asked if we go to mete~ only will you get a ticket each time it expires, chief said yes. Spencer Horning asked if the Chief has considered changing some of the time zones, and the chief said he is attempting to do it. Phil Drouin asked if our revenues have been up since putting on the 3rd meter regulator and is it cost effective? It is too early to do an malysis yet but should have by end of the year. Sturdivant indicated he felt it was a harassment to the people parking and doing business downtown. lie felt that those people who are abusing the parking regulations should be gathered together and given education as to the lawful use of the parking meters. The public must be educated! Bill Amo gave his support to the amendment. Jim Adrian reported that the City of Portland has had this type of parking meter regulation since 1938 and they have placed stickers on their meters which giv~ everyone the equal opportunity to know what the law is relating to parking regulations. He suggested that a rider be placed on the ordinance to include the use of the sticker for educating the public. Walterine Taylor, 2708 Callahan Dr., The City of Bremerton is dying just because of things like this - they go out to the malls and shop and park for free. Herb Effron, 5827 Lenea Dr., stated the city has the choice of enforcing parking regulations and setting rules or of having a viable city - can't have both the same time. Spencer Horning asked Mr. Effron to clarify his position. "Are you encouraging us to pass or delay?" Mr. Effron said he wished it to be tabled to scrutinize (1) the problem, if it is real, perceived or created, (2) if it is the desire tc solve the problem try charging the same rate as the parking lots. Jim Adrian asked City Attorney the approFriatness of adding this onto the amendment at this time. She indicated it was possible at this time. P~ Drouin supports this amendment and urge those needing to park on the street to look at the bus transportion, car pooling, etc. E. Sturdivant felt that the Chamber of Commerce and merchants should be contacted and get their input and if they feel it is a problem. We may have a backlash City Council Meeting July 20, 1983 Page Three 2521 R. Johnson supported the amendment because he feels that by increasing the turn- over at the parking meter it will give more people the chance to come into downtown and find a parking space. A. Anderson expressed his concern that more downtown merchants were not available to talk on this amendment. Clyde Pachek indicated his support for the amendment after talking with people in his district and their relaying their difficulty in finding parking when coming to the downtown area. 2740 Tape 46 0002 Spencer Horning conducted a survey with several merchants and their indication was that they did not care one way or the other. Motion by J. Adrian and B. Amo to include the following sentence on the amendment - ~ail meters shall be appropriately labeled reflecting this ordinance, carried 7 affirmative, 1 opposed (Sturdivant) CHANGE IN LAND USE RESTRICTION - James H. Robinson B. Amo was excused from the Change in Land Use hearing because of prior knowledge. Deputy City Clerk read a letter received from Sandra Laurel, 1540 5th Street, expressing she and her husband's disapproval of allowing Mr. Robinson to place a parking lot at 1527-1541 6th Street. A letter was received from Mr. & Mrs. William Coe, 1523 7th Street, Bremerton, indicating no objections to the parking lot on this subject property. A letter from Kenton Meyers, Principal of Our Lady Star of the Sea School to Mr. Robinson, in which he indicates no difficulty or safety hazard in having a pay parking lot near the school. Kay Wilson, Assistant Planning Director, this would be a change in land use restrictions to the 1978 Rezone Ordinance 3451 for two purposes, (1) to change the restriction which says it must be developed for an auto sales agency and allow instead an interim use for a parking lot (2) to allow permanent access to the alley. Traffic generation is about half of that of an auto sales agency. The existing use is vacant and the existing zoning is B-3. General Conditions 1. The Change in Land Use Restriction is subject to the various requirements contained in 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 of an application for Change in Land Use Restrictions. 3. The proposed interim parking lot use, including access to the alley, shall be reviewed by the Planning Commission and City Council at duly advertised public hearings within five years of the date of approval of this action to determine whether said use should be allowed to continue and under what conditions. Prior to Issuance of Grading or Building Permits: 4. Approval shall have been granted by responsible City Departments for a revised site plan which includes the following modifications: a. Storm water detention facilities as required by the Engineering Department. b. Landscaping Along Sixth StrePt: 1. Along Sixth Street: An area consisting of a rectangular strip no less than two f-et wide parallel to and abutting Sixth Street plus the triangular- shaped areas between said strip and the adjacent angled parking spaces, consistent with Figure 1, planted with a mix of everegreen and deciduous planrings including living trees, shrubs and ground covers. In the event that the City requires the use of the right-of-way at some future time the owner of subject property shall provide the required four-foot Wide landscaped area on the subject site. Plantings of shrubs and ground covers shall be chosen and spaced to result in a covering of the landscape strip within three years. Shrubs shall be of a type that do not exceed a height at maturity of approximately three to four feet. Trees shall be planted at intervals of no greater than thirty feet on center, with no more than thirty percent being deciduous. Deciduous trees shall have a minimum trunk dialneter of one and three quarter inches at time ~f nlantinn 1360 1375 1656 City Council Meeting July 20, t983 Page Four 2. Along the West (Side) Yard: An evergreen hedge planted along the property line from the alley to the retaining wall and along the east side of the retaining wall to the existing evergreen tree, which tree shall be preserved. A three foot tall chain link fence shall be placed along the retaining wall where necessary for safety purposes. 3. Along the east side yard: A chain link fence no less than four feet high with full length wood slots for effective screening. 4. Along the Rear Property LIne: An evergreen hedge chosen and spaced so as to attain three feet in height and provide solid screening within three years. 5. The above requirements shall be modified as necessary to meet Engineering Department requirements for clear sight at driveway intersections. C. Up to 30 percent compact car stalls with a net area of no less than 160 sq. ft. each shall be permitted subject to Engineering Department approval. Prior to Issuance of Occupancy Permit: 5. The driveway shall be signed to ~rohibit exists onto Sixth Street from the site to Engineering Department specifications. 6. The developer shall have complied with all above requirements. Motion by Jim Adrian and Clyde Pachek to grant with General Conditions 1 through 6 and the requirement that a solid surface be provided for the ingress and egress the Change in Land Use Restriction, carried - 6 affirmative, 1 opposed (Russ Johnson). ORDINANCE - FIRST READING - 1/4% REAL ESTATE TAX - TO AMEND. AB83-341 Deputy Clerk stated that the 1/4% Real Estate Transfer Tax OrdinaDce was passed on second reading at the 5-18-83 Council meeting. The subject ordinance, as written does not address a method to draw moneys from this fund or stipulate how the City Council shall facilitate this. This amendment contains a new Section 5. Motion by Sturdivant to table the ordinance, failed for lack of a second. Motion by E. Sturdivant and Clyde Pachek to have the Council, with the direction of staff, decide where the moneys can be spent, failed 7 oppose, 1 affirmative (Sturdivant). Motion by Adrian and B. Amo that the ordinance be approved as amended, carried 6 affirmative. 2 oppose (Sturdivant, Johnson). 1682 ORDINANCE - FIRST READING - REZONE AND LAND USE RESTRICTIONS (HAJEK) AB83-384 Motion by B. Amo and R. Johnson to approve Ordinance 3450 as amended, carried unanimously. 1725 ORDINANCE - FIRST READING - WASTEWATER FACILITIES CONSTRUCTION FUND 309 AB83-385 Amendment to sewer fund ordinance, adding designee of City Engineer as optional signator on warrants from this fund. Motion by J. Adrian and S. Horning to approve Ordinance with Section 3 reading . ~ T6~Tlows: After obtaining the signature of the City Engineer, and the Project Engineer or one designee for either of the above, who must be associated with the project, and approval of the warrant by City Council, monies may be expended from this fund. Two signatures must be affixed to all 'claims,' one of whom must be the City Engineer or the Project Manager, carried'unanimously. 2096 ORDINANC[ - FIRST READING - INCREASING TAX LEVIED UPON SALE OF OR CHARGE MADE FOR FURNISHING LODGING BY HOTELS, MOTELS, TRAILER PARKS, ETC., AB83-386 Deputy Clerk stated the tax upon sale of or charge made for lodging, which is presently 2%, should be increased by 3%, pursuant to legislative authority passed in 1982. Proceeds must be used to fund the acquisition, design and construction of c~nvention or trade facilities. RCW 35.21.285. Joe Mentor, 5610 Kitsap Way, expressed displeasure of the idea to build a dock and obtain a ship from the Navy other than the USS Missouri. He suggested that the Bremerton Port District be contacted and see if they could utilize their moneys to provide a tourist boat facility (docking area) to attract tourist coming into the downtown area. He also suggested a tourist/convention center to be built over the highway (near the Missouri) similar to the idea that Seattle is pursuing. If a higher room tax is implemente~ Bremerton will have the highest in the State. Mayor Dawkins explained the intent of the ordinance and what it could do to provide monies for Bremerton to develop a tourist/convention facility. City Council Meeting ,July 20, 1983 Page Five 2650 Phil Drouin indicated we are asking to tax the citizens for something we don't know what we are going to build. I.layor Dawkins stated that if we had a facility and the Missouri was not recommissiened it could be moved to it. P. Drouin stated if we initiated this tax we would be asking 10.8% tax for use of rooms. R. Johnson asked for clarification from City Attorney as'to being able to use a ship as a convention center. r~ary Killian stated that a trade facility is anything that encourages people to come to Bremerton and yes, a ship could be construed as a trade facility. 3040 Motion by E. Strudivant and Clyde Pachek to table this until more information is available. B. Amo requested Mayor to provide more background and effect it will have on hotels. S. Horning encouraged the Mayor to contact other hotel/motel owners and get their input., carried unanimously. Tape 47 0050 CONFIRr~TION/WATER SUPERINTENDENT APPOINTMENT Motion Phil Drouin and B. Amo moved that the appointment of Bill Duffy as Water Superintendent be approved with a salary of $35.500., carried unanimously. Mayor Dawkins commended Bill on the fine job he has done in the past 3 months, during which he was Acting Water Superintendent. ERECTION OF STEEL STRUCTURE - AB83-388 Permission was requested to erect a steel building for City equipment storage on City property at SW Corner of Werner Road and Union Using Force Account procedures. The building has recently been removed from Wastewater Department property to make way for the new treatment plant construction. Cost of erection is estimated at $9,500. Don Proctor, Wastewater Superintendent explained how the building was dismantled, that the funds to dismantle, move and reassemble were available through 451 Operating and Maintenance funds. He answered severalquestions from the Councilmen -zoning has b~en cleared for the placement of the building, security would be handled through securing the doors, grading and readying the ground appears to be minimal. The use of the building would be for storage and repairing equipment. Motion Phil Drouin and Clyde Pachek moved to approve $9,500 to erect this building at Werner Road, carried unanimously. INTENT TO AWARD CONTRACTS FOR WATEWATER FACILITIES CONSTRUCTION PROJECT CH2II Hill presented Engineering Analyses of contract bids and Project Manager recommended award of contracts based on those analyses. Council was requested to issue "Intent to Award" letters as appropriate. Tony Hastings, Cummins Northwest, Inc., Bellevue, WA., brought before the Council the question "why was his firm passed over for another when they were the low bidder for the generation equipment for the wastewater treatment project"? He explained the process by which they obtained information from CH2M Hill in order to prepare the bid, understanding the requirements stipulated. Bob Card, CH21.1 Hill stated that they believed that another company had more experience in the specialized area of digestive equipment and had so specified a specific engine as requested in preparation of the bid documents. Bob Card also stated that the City of Bremerton, under state grant rules, elected to select equipment that is important to the project. Therefore, they could and did select another supplier over the low bidder. Motion S. Horning and Bill Amo so move that we send a letter of Intent to Award Contract for Wastewater Treatment Plant - C1 to Kiewit Construction Company, carried unanimously. Motion Phil Drouin and Clyde Pachek so move that we send a letter of Intent to Award Contract for Crosstown Pipeline - C4 to Frank Coluccio Construction Company, carried unanimously. Dave Baker explained that these letters are the intent to award and that DOE will go through this information and it will come back to Council for final awarding of contracts. I.lotion Clyde Pachek and E. Sturdivant so move that we send a letter of Intent to Award Contract for Beach Pipelines and Narrows Crossing - C6 to Frank Coluccio Construction Company, carried unanimously. Motion E. Sturdivant and J. Adrian so moved that we send a letter of Intent to Award Contract for P.S. 31,32, and O.F. 2,3,4,7 & Manette - C7 to Teem Ventures, Inc., carried unanimously. 0099 )440 689 746 City Council Meeting July 20, 1983 Page Six ~899 Motion R. Johnson and J. Adrian so move that we send a letter of Intent to Award Contract for Telemetry - C9 to Technical Systems, Inc., carried unanimously. 1924 Motion P. Drouin and J. Adrian so move that we send a letter of Intent to Award Contract for P.S. D& O.F. lOA,11,12 - ClO to Shelton Plumbing, carried unanimously. Motion E. Sturdivant and P. Drouin so move that we send a letter of Intent to Award Contract for Sludge Equipment Highway Tractor to Industrial & Municipal Engineering, Inc., carried unanimously. ~023 Motion C. Pachek and P. Drouin so move that we send a letter of Intent to Award Contract for Naval Avenue Force Main - C13 to Peninsula Excavating, Inc., carried unanimously. ~048 Motion C. Pachek and P. Drouin so move that we send a letter of Intent to Award Contract for Storm Sewer Separation - C14 to Davlin Construction Company, Inc., carried unanimously. Dave Baker requested that we continue this portion of the meeting to the next Council meeting as there will be 4 more contracts to present. WASTEWATER FACILITIES CONSTRUCTION PROJECT ADMIN. - AB83-390 ~345 Motion J. Adrian and S. Horning moved that this item be tabled until the me~ting on Monday, July 25, 1983, carried unanimously. EXTENSION OF DOE SHORELINE MANAGEMENT GRANT Our grant time limit has been extended by State DOE to the end of Oct. 1983. The contract amendment must be executed by the City in order to officially accept the extension. The extension will enable the City to recoup 80% of the expense we incur in carrying out the requirements of the State Shoreline Management Act here in Bremertono Motion B. Amo and R. Johnson moved to. amend the contract time limit to reflect the date of October 1983, carried unanimously. Meeting Adjourned at lO:O0 P.M. GIL ',,T~HFi~?'i, D ~T~ E[TY ~CERK' APPROVED: AC~R~/~ERSOCONX~ENT C~t)' CnLmci 1 Planning I)e[)ar tmer~L ,lan:es q. Rohinson--(:h{~nge in Land Use Restriction~ 1',. I'lam~;n9 tlepartment iq ~'~ro',~m~ending the following [:hanses t.o lh~) (::,;~mission'q rec:omnmndati(}n For approval of this application: lal~d~capin~ ;,tong.~'>:thl Street: a. ProblerT~: As recommended, a port,on of the ,1.-f(?C ~.,~(le lan area could be located within the ]~-foo~ wide strip of Si?th .>t,e_t right-oF-way between the site ~nd the ~idr~walk but weul haw.. to be relocated on site at the propprty. OVllleT" 5 expen~rf at any time that the City would require use of the right-of-way. Thi~ would rreate a bur4onsome enforcement problem tot the ( if th~ right-of-way were needed so, m time in the Future, could set a precedent for silni'la," approvals, which would tqe City's m~tential enforcement [<e:ommend}t. lnn: Lhnnge restriction ~. b. (~_) to read: ,~..l~mq $~ :t,~ %t,'eet: An area con~istin9 of a r~(:tangula, str~p ng Jqss than Lwo feet wide, parallel to ar, d abultit~j with r i,~,~,~ 1 (att~c:hed), flantc? v,'it~ . (~,, ~: ,:,~ ~.. ' :~,~m~rl~ .'.,1.,r1~1 ~,~ ~. (' ~d,~} ['~T,clt'~ ' Jlm. easterly edge ,,f the a(:ces~ ea%ement ~hared by th{: sulLSm' ~qd the ad]:~{:t, ni rnsidential property to tie west f-,'e F~,u.r,n ,, atl:,~,:l?(l~). ~,~iF, wall s, eparat:es th~ .:~ssenti~lly level mo'ir, the site fr[,~ the e:~sement driveway whict~ gradually d~'eps s~,,'eral feet in eleval, ion to provi,te access to the basement garage of house to the west. The recommended screening restriction he adjusted somev~hat to take into account the relationslqp of retaining wall to the access easement, which was not clearly understood It the time of the Planning Comm]s_]on s hearinq.