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HomeMy WebLinkAbout08/24/83Tape 58 Unapproved city COUNCIL MESTn~ MI~UTSS pp%~V August 22 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, August 24, 1.983 at 5:30 p.m. with Council President Art Anderson presiding. Also present were: Councilmen E. L. Sturdivant, Spencer Horning, Clyde Pachek, Roy Mosely, Phil Drouin, Bill Amo, Jim Adrian and Russ Johnson, Mayor Dawkins, City Attorney Broughton and City Clerk McCluskey. The meeting opened with the Pledge of Allegiance, and the invo- cation was given by Clyde Pachek. The Clerk stated items C and D on the Consent Agenda would be addressed separately. CONSENT AGENDA A. Minutes of August 1Y, 1983, with corrections on page 5 under ~ouncil Members Reports as follows: P. Drouin "meeting will be at 1:30 p.m."; S. Horning "attendance at a Western States Conference" AB83-4~2. B. Bid Call request for Ductile Iron Pipe. AB83-443 Totion by P. Drouin and R. Mosely to approve Consent Agenda items A and B, carried unanimously. #llTa C. David Daneman's application for owner/operator's license of the international Sauna. AB83-4~ Mr. Drouin discussed the applicant having met all requirements. Motion by P. Drouin and C. Pachek to approve the application, carried unanimously. D. Sun Hi Anderson's application for masseuse license. AB83-445 Discussion followed regarding applicant having met all requirements. Motion b~' J. Adrian and R. Johnson to approve the application, carried unanimously. ~1282 ~ !29il CLAIMS FOR DAMAGES AB83-aa6 Claims from Alfreda Boilingham, Sallie Knowlen and April Ablitt were submitted for informational purposes. Claims ~aye been sent to insurance, City Attorney and appropriate depart~ents~ CLAIMS/WARRANT REGISTER AB83~4'4y Claims And warrants audited and certified By the auditing officer as required by RCW ~2.2~0~, have been recorded on a listing which has ~een made available to the Council. Motion by R. Johnson and J~ Adrian as of this date, the Council does approve for payment Salary Fund in amount of $284,915.20 and FICA in amount of $10,882.Z~ for payroll period 8/14/83 and warrants 11~23 through 12126 inclusive and 12128 and 12129 in amount of $85,533.90, carried unanimously. ~!~22 MAYOR'S REPDRT Mayor Dawkins introduced the new Personnel Director and his wife.. Mr. and Mrs. Dave Hiestand. There was discussion regarding requirement of Council to approve hiring Personnel Director.. The Attorney concurred. Motion by E. Sturdivant and .Horning to approve the hising of ~'F. Dave Hiestand as Personnel Director, carried unanimously. Mayor Dawkins stated Warren Ave.. between 7th & 15th streets will be closed Monday, August 29th starting about 8:00 a.m. for surfacing and discussed alternate routes. The Mayor stated Animal Control's phone number is 830-4566, This is a 2a hour a day number. Mayor Pawkins discussed Saturday's Rape Response fund raiser. KBRO was winning team. The Mayor presented trophy to Mr. Lent of KBRO. The Mayor stated he is hostln~ the military at the County Fair and Rodeo tonight. In answer to inquiry, Mayor Dawkins stated the letter on water rates will ~o out September 10th for October 1st billing. The Mayor left the meetin~ at this time. City Council Meeting MinU'tes August 24, 1983 Page Two ~1560 PUBLIC RECOGNITION Elizabeth Buell, 1722 High Ave, discussed suggestion of monthly utility billing and spoke in opposition to a change in billing. Doug Downs, Poinde~ter Ave~ resident, discussed increases in utilities as being unacceptable to residents in his area. He dis- cussed letter signed by various utility customers, refusing to pay certain charges, which will be submitted at a future meeting. He discussed purchasing the sewer plant from U.S. government a0 Mrs ago, and felt revenues collected during thit period were sufficient to fund the new treatment plant. Lillie Wi!liams, Cambrian Ave. resident, discussed increase in her sewer char~es and inability to pay on her limited income. ~!92~ ATTORNEY'S REPORT Mr. Broughton discussed recent decision by State Court of Appeals upholding cities ban on firearms in taverns. Mr. Broughton stated County Commissioners approved the agreement for sewer rates and service previously approved by City Council. Mr. Broughton discussed current efforts regarding revisions of B&O Tax ordinance. The City Attorney discussed notice of intent, regarding annexation of wastewater treatment plant, to be submitted to the Boundary Review Board. ~203~ ORDINANCE 3863 - PERTAINING TO DIAMOND PARKING REZONEAB83-419 Motion by J~ Adrian and B. Amo to pass on second readihg AN ~D- INANCE amending Ord. 3838, ~ 3, hy adding a provision requiring screening. (Diamond Parking rezone], carried as follows: 8 affirmative, 1 opposed ~Sturdivant]. ORDINANCE, 1st Reading - RELATING TO OPERATION OF T~XZCABS AB83-450 Mr. Broughtoh discussed amendments and Council ~es~bnsibility to assure applicants have proper equipment. Insurance requirement has been increased. Section dealing with Council establishing and regulating rates has not ~een amended. There was discussion re- garding $10 fee being too low. The Clerk explained that fee is for drivers. The fee for cabs is $100 per cab per year. Dis- cussion continued regarding drivers fee being comparable to other license fees and comparable to drivers fees in other areas. Motion by J. Adrian and E. Sturdivant to approve on first reading AN ORDINANCE amending 8g 4, 5, 6 and 12 and repealing ~ 23 of 0rd. 2888, relating to operation of taxicabs. There was a recuest that the Clerk provide Council with comparable rates for drivers license prior to next Council meeting. Question called, carried unanimous ly. #2559 Tape 59 ORDINANCE, 1st Reading ~ MUSIC, DANCING/ENTERTAINMENT LICENSE AB8.3-~51 The Clerk discussed this and other ordinances to cbm~ before Council in the future, eliminating Council approval of certain licenses. As ordinances now read, Council must approve if applicants conform to all requirements. Ms McCluskey discussed appeal rights and right to revoke licenses should problems amise, There was lengthy debate between Council members with some members contending issuance should Be at administrative level. Some members felt Council action is a c~eck on administrative action and allow~ for public comment. Motion by B. Amo and E. Sturdivant to approve on first reading AN ORDI"~NCE amending Ord, 3653 in order to delete the Council approval requirements for music, dancing or entertainment licenses, failed as follows: a affirmative [Sturdivant, Mosely, Amo, Johnson), 4 opposed (Horning, Pachek, Anderson, Drouin), 1 abstention (Adrian). Mr. Sturdivant felt a 4 to a vote deserved reconsideration. Mr. Adrian suggested returning in two Weeks after next regular study session. Mr. Anderson stated this can be placed on the~agenda ~gain at any time. Recess 6:25 until 6:a3 p;m. #ol8o City Council Meetir August 2a, 1983 Page Three Minutes HEARING - RIGHT-OF-WAY VACATION/STIMSON AB83-395 Mr. Drouin sexcused himself from this hearing in response to Mr. Anderson's standard "conflict of interest" question. There were no objections from the public. Clerk McCluskey read condition 5 prepared by Asst. City Attorney KillJan. "In the event the City of Bremerton decides to widen Rocky Point/Marine Drive, owner will pay the costs of a retaining wall built adjacent to the vacated right-of-way." Mr. Broughton discussed requirement for the Stimson's to execute an agreement with the City if this condition is approved. Mr. Anderson inquired of Mr. Stimson if this is agreeable with them. Mr. Stimson answered in the affirmative. Motion by J. Adrian and C. Pachek that the right-of-way vacation, as presented by Mr. Baker the previous week, be approved with the addition of condition 5, carried as follows: 6 affirmative, 2 opposed (Amo, Anderson). Mr. Drouin returned to the meeting. HEARING - NON-ADMINISTRATIVE VARIANCE/DIAMOND PARKING ABSJ-aa8 This non-administrative variance is a request to use part of the right-of-way for a planting area. The Planning Commission re- commended denial. No correspondence was received. All Council members remained in attendance for this hearing, and there were no objections from the public in response to Mr. Anderson's standard "conflict of interest" question. Kay Wilson, Asst. Planning Director, discussed conditions of the fezone previously approved by Council, with setback along Chester allowed to be reduced from required 15 ft. to 4 ft. Ms Wilson explained the applicant interpreted this to mean 4 ft. from the sidewalk, not 4 ft. from the property line. The property line lies 3 ft. behind the sidewalk. The applicant assumed the fi ft. area Started at the sidewalk and extended ~ feet, which would take the line to a point 1 ft. back from the property line. They are now requesting a 1 ft. variance. A review of the record clearly determined the City's intent to measure the setback from the pro- perty line, not the sidewalk. Ms Wilson listed the four criteria that must be met should Council approve the variance. John McConnell, Diamond Parking Mgr, discussed years this lot has been used for parking. He discussed interpretation of the property line being at the sidewalk. Mr. McConnell discussed maintaining the right-of-way. He discussed planting shrubs to meet screening re- quirements as beautification and benefiting the city. Discussion followed regarding granting the variance with stipulation that this would go back to the city if the need arises. Mr. Broughton stated if Council grants the variance giving 1 ft., they cannot come back later and ask for a 4 ft. setback. Motion by B. Amo and R. Mosely to deny t~e variance, carrle~ as follows: 7 affirmative, 2 opposed (Drouin, Pachek). HEARING - CHANGE IN LAND USE RESTRICTION/FRANK COOPER AB83-na9 This request is to change two triplex units Eo tnsee Cuplex units located on Hewitt between 7th & 8th street and to change the rezone restriction which required ingress from Hewitt Ave. with egress tn 7th St. for vehicular trafflc;-proposal requests ingress/egress from 7th and 8th streets. Planning Commission recommends approval.. No correspondence was received. All Council members remained in attendance, and there were no objections from the public in re- sponse to Mr. Anderson's standard '~conflict of interest" question. Ms Wilson discussed background information, change in structure type and location and site. In reviewing department reports, Engineering addressed parking conditions and ingress/egress. The original rezone specified two parking stalls per unit. The proponent is proposing one parking stall per unit with tandom parking in the driveway considered the second parking stall. Wastewater addressed concern that no actual building or drainage change be allowed until the Hewitt Ave. storm separation project is completed and accepted. Tape 60 City Council Meeting Minutes August 24, 1283 Page Four HEARING - CHANGE IN LAND USE RESTRICTION/FRANK COOPER CO}~D Ms Wilson discussed recommendations subject to the following conditions: General Conditions: 1. This Change in Land Use'Restriction is subject to the various requirements contained in the Bremerton Area Plan, Bremerton Zonin~ Ordinance, Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained heroin. 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 ~pprovat by the City Council. Prior to Issuance of Grading and Building Permits: 3. Approval shall be received from responsible City departments for a revised site plan showing the following modifications: a) Two onsite parking stalls per unit; tandom parking will not meet this requirement. b) Vehicular ingress/egress as required by the Engineering Dept. c) Storm water detention plans as required by the Engineering Dept. Frank Cooper's representative discussed the original and revised plans, and felt the revised plan is a better way to develope the pro- perty and better enviromentally. He asked the question of tandom parking ~e eliminated from the conditions, allowing him the oppor- tunity to work with Engineering on this issue. Louise Marshall, 8th St, resident, discussed surface water in the area and felt this would increase the problem. Ms Marshall also discussed the Christian school on 8th & Hewitt, and felt two drive- ways from the site would endanger children in the area. There was discussion regarding tandom parking. Ms Wilson discussed tandom parking as not meeting the criteria of two on site parking stalls. Zoning ordinance requires one stall per unit. Discussion followed regarding definition of parking stall and frontyard setbacks. Mr. Sturdivant inquired as to time frame for completion of sDorm separation in the area. Mr. Baker stated 280 days from beginning of the project, which is scheduled to start in approximately 2 weeks. Motion by B. Amo and R. Johnson to approve 1) change from two tri- plexes to three duplexes; 2) two on-site parking stalls per unit; 3) two vehicle accesses at locations approved by the City Engineer; ~) no parking allowed in frontyard setback, failed as follows: 6 opposed, 2 affirmative {Amo, Anderson) 1 abstention (Johnson). Motion by J. Adrian and S. Horning to approve change in land use restrictions as follows: 1) from two triplexes (6 units) to 3 dup- lexes (6 units); 2) two on-site parking stalls per unit; 3) vehicle ingress/egress as required by Engineering Department; a) storm wa%er detention plans as required by the Engineering Department; carried as follows: 8 affirmative, t absteHtion (johnson). Recess 8:10 until 8:20 p.m. BID CALL REQUEST FOR LEASE & PURCHASE/MICROFILM AB83-a27 Chief Christensen discussed condition of current equipment and problem of keeping operational, and resultant backlog of paperwork. He is requesting authoriziation to call for bids to lease and purchase. Hotion by R. Mosely and C. Pachek to approve authorization to call for bids to lease and purchase microfilm equipment, carried unanimously. MODIFY AGREEMENT TO SUPPLY WATER TO PORT ORCHARD ~B83-~52 Mr. Broughton discussed minor changes that have bccUred since the original modifying agreement was presented to Council in April. Motion by R. Mosely and B. Amo to approve Modifying Agreement to supply water to Port Orchard, carried unanimously. GUIDE NOR REVIEWING CLAIMS/VOUCHERS AB83-453 Motion by B. Amo and P. Drouin to approve the Guide for Reviewing Claims and Vouchers carried unanimously. #01~1 ~o3o0 #092O City Council Meetin~ Minutes August 22, 1~83 Page Five RIGHT-OF~WAYI~VACATZON AGRE~<ENT WITH COUntY AB83~5~ Mr. Bakerldiseussed various locations the City will improve in return for County right-oS~way vacations. He discussed in detail widening and improving Oyster Bay RoaG in vicinity of the treatment plant. Motion by R. Mosely and C. Pachek to approve the Agreement to im- prove county roadways in return for county street vacations, Discussion followed regarding cost and source of funding. Mr. Broughton discussed researching this issue to determine if this is part of the wastewater project. Mr. Baker suggested several sources of funding, including arterial streets and gas tax revenues. He estimated the cost at $50,000 and stated there is no time frame stipulated to make improvements. Question called, carried unanimously, AUTHORITY TO PROCURE PROJECT INSURANCE AB83-~55 B. Broughtoh discussed procurement of errors ~nd omissions insurance from Gilbrator Insurance Co. with payment in amount of $19~,900, due 30 days after placement of order, with payment to be made from bond sale proceeds. Mr. Broughton referred to a 3 page letter from Corroon & BlacksInc. outlining terms of coverage in the policy. Mr. Broughton stated the policy will more than pay for itself, and ~tated grant ~ligihility is being determined~ The City expects to receive oroceeds from the bond sale in mid September. Don Proctor, Waste- water Supt. suggested the Navy should participate in cost of the policy. Motion by P. Drouin ~nd R. Mosely to authorize procurement of Gilbrator Insurance Co. errors and omissions policy, carried unanimously. COUNCIL MEMBERS REPORTS E. Sturdivant, Charter Amendment Committee, stated they are continuing discussions on the Civil Service Commission. A full Council meeting is scheduled for September 6th to review amendments. Dead- line is September 16th to p~ace on November ballot. R. Johnson stated there will be no Finance and Budget Committee meeting for two weeks. B. Amo, stated the next Planning Committee meeting will be Tuesday, August 30th, 6:00 a.m. at Denny's. P. Drouin briefly discussed 6 page report on Wastewater Committee meeting, previously submitted to Council members. He stated he is happy to report there will be relief for laundries. Meeting adjourned at 9:00 p.m. to executive session regarding !itlg~tion. Meeting Adjourned at ~;~G p~ APPROVED: ~ATHLEEN L. McCLUSKEY, ~~ERSC~ent