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HomeMy WebLinkAbout08/10/83#1653 #1677 #18oo #la27 #1927 Tape Tape 53 UnappPoved #16la l,t~C\~ Minutes CITY COUNCIL MEETING MINUTES ~ August 10, 1983 ~%%~ %g~3 Regular meeting of the City Council of the City of~remerton, Washington was held in the Council Chambers, 239 Fourth St., Bremerton, Washington, Wednesday, August 10, 1983 at 5:30 p.m. with Council President Art Anderson presiding. Also present were: Councilmen E. L. Sturdivant, Clyde Pachek, Roy Mosely, Phil Drouin, Bill Amo, Jim Adrian, Russ Johnson, Mayor Dawkins, City Attorney Broughton and City Clerk McCluskey. Spencer Horning was absent. The meeting opened with the Pledge of Allegiance, and the invo- cation was given by Jim Adrian. CONSENT AGENDA A. Minutes of August 3, 1983. AB83-41~ Motion by J. Adrian and E. Sturdivant to approve the consent agenda', carried as follows: 7 affirmative, 1 abstention (Drouin). INFORMATIONAL ITEMS Lawsuit by Gladys Crosier. AB83-~15 Claim for Damages by Mr. & Mrs. Trudelle. AB83-416 The above has been submitted to insurance, City Attorney and appropriate departments. MAYOR'S REPORT Mayor Dawkins discussed demolition of Roosevelt Field grandstand, placement of two poles and resodding of former parking area for a soccer field. The Mayor discussed diminishing noise level at the Water Department building due to noise no longer reflecting from the grandstand, and Kiwanis soccer field condition. Mr. Amo discussed the fine job ob demolishing the grandstand by Rotaract. The Mayor left the meeting. ATTORNEY'S REPORT Mr. Broughton discussed negotiations and subsequent agreement with Kitsap County officials on a contract for county sewer users. PLANNING DIRECTOR'S REPORT A. Mr. Attebery discussed portions of the Jacobsen contract that are complete and progress that is expected within the next few weeks. He discussed efforts in contacting possible Steering Committee members. B. Mr. Attebery discussed Planning Committee efforts regarding in- dustrial zoning. He discussed input and drafts provided by the City Attorney's office regarding administrative procedures. PUBLIC RECOGNITION Lena Swanson, 2123 Snyder, stated her concerns that Roosevelt Field is an open liability due to no fencing. Ms Swanson discussed con- tracting out of sewer treatment plant and subsidy for poverty stricken, and suggested doubling the subsidy. Ms Swanson discussed financing by ULID and urged Council consideration. ' Isaac Soriano asked for an explanation of how sewer charges are figured and discussed differences in sewer charges and water consump- tion of two utilities bills recently received. Mr. Soriano also faVoPs an LID and discussed his concerns with doubl~ and triple sewer charg~ and effect on the community. Mr. Drouin explained that sewer charges are derived from high water consumption for the past winter months. He also discussed charges for operation and maintenance and fixed capltal charge. Mr. Drouin d~scussed a letter prepared by Project Mgr. of explanation to accompany future bills. Leo Olney, City Treasurer discussed efforts on the part of his per- sonnel to explain charges to the customers. Bert Gegner discussed l~ck of input from citizens and urged the public to attend meetings. Janet Martinez, county resident on city water and sewer, discussed increase in sewer charges and refusal to pay these charges. ~o7ao City Council Meeting Minutes August ]0, 1983 Page Two PUBLIC RECOGNITION CONTD Nancy Docey discussed upcoming fund raiser by HOSPIC of Kitsap County, and invited everyone to a car wash on Saturday in the Value Giant parking lot on Wheaton Way. They will attempt to wash l~,000 cars free of charge. Carl Flanagan discussed difficulties of unemployed persons to pay the increased charges. Mr. Pope, Village Laundromate discussed difficulties of keeping his business open due to triple sewer charges. Dou~ Downs, county resident on city water and sewer, discussed increased charges and felt charges for new construction should be increased to pay for the new plant. He also refuses to pay charges. Gerry Soriano discussed his concerns with current businesses closing due tn increased charges, and felt the public had not been adequately informed of the amount of the increases. A number of Council members discussed public hearings held in February and numerous times this has come before Council in the past months. They discussed newspaper and radio coverage of the issue including double and triple increases in sewer charges. Mike Bright discussed the complexity of the billing system and inquired if the new plant will be upgraded or only maintained. Mr. Drouin discussed hook up charges once the plant is in operation. Mr. Anderson stated a Land Use Hearing is scheduled for this time, and Council will return to public recognition after the Hearing. Recess 6:35 until 6:50 p.m. HEARING - APPEAL ON ADMINISTRATIVE VARIANCE/SINES AB83-418 This is an appeal by Ellanore Sines on an Administrative Variance for frontyard setback for'permanent parking. This has been posted and advertised as required by law. Letter from proponent was read. Mr. Anderson asked the standard appearance of fairness question. Mr. Adrian excused himself from the meeting. Ken Attebery, Planning Director, discussed history of the applica- tion, citing a report of building activity. An inspection was made and it was determined the basement garage had been closed in and the access driveway brought up to street level. A stop work order was issued. An Administrative Variance was required to establish a single off street parking stall in the 15 ft. frontyard setback. Ms Sines successfully completed the variance application and obtained signatures of adjoining property owners indicating no objections. The variance was approved by the Planning Director after review determined the application had been adequately addressed. Paul Scheyer, property owner across the street, appealed the variance." Recommendation from the Planning Commission is to rescind approval of the variance. Mr. Attebery outlined staff recommendations if Council chooses to grant the variance as follows: 1. No more than one on site parking stall be permitted in the frontyard. 2. The driveway shall be no wider than the pre-existing 10 ft. width of the access driveway to the garage. 3, Ingress/egress is restricted to the existing curb cut for the pre-existing access driveway. ~. The gravel shall be immediately replaced by blacktop constructed to the City Engineering standards. ~ ~. 5. Provisions for runoff shall meet City Engineering;.Standards. City Council Meetir Minutes ~ugust t0, 1983 Page Three HEARING - APPEAL ON ADMINISTRATIVE VARIANCE/SINES CONTD 6. Use of the parking stall shall be restricted to passenger vehicles only. 7. The relationship of the parking area grade to the sidewalk shall meet Engineering Department 'approval. If the above conditions are' not met within three months of the City Council hearing date, this granting of the Administrative Variance shall automatically be revoked. Ms Ellanore Sines, 625 Highland Ave., discussed backaround, citing difficulty of parking in basement garage due to handicap. Ms Sines discussed suggestion by Mr. Sheyer to construct Oarking stall in the backyard off the alley. Ms Sines introduced photos of the area and submitted a petition signed by neighbors who do not object to parking stall in the frontyard setback. Ms Sines discussed a handicap which prevents her from walking great dis- tances and stated she has preferential parking in the shipyard due to her handicap. Ms Sines discussed objections of Mr. Sheyer that there will be structural damage to curb and sidewalk from weight of cars and blight to the neighborhood if this variance is approved. Ms Sines felt installing permanent parking in the frontyard set- back is an improvement, and discussed numerous residences where vehicles are consistently parked in the yard and parking strip. Speaking in support of the Administrative Variance for Ms Sines were Adrian Van Elton, 631 Highland and Jim Herdman, 630 Highland. Paul Sheyer, 2111 Madrona Point Dr., discussed basic problem of parking in front yards in the area, and feels if this variance is approved this will perpetuate the problem. of blight to the area. Mr. Sheyet also addressed the issue of structural damage to curb and sidewalk, loss of one parking space on street due to ingress/ egress and rocks washing down to the sidewalk from gravel driveway. Discussion followed regarding limited on site parking in older neighborhoods and inadequacy of older garages to accommodate modern vehicles. In answer to an inquiry, Ms Sines stated she has state issued handicap decals for her automobile. Discussion continued regarding numerous violations in the area of vehicles parking in frontyards and on parking strips, and enforcements of these violations. There was discussiono~egarding granting the requested administrative variance due to Ms Sines handicap. Motion by R. Mosely and B. Amo to grant an Administrative Variance with conditions 1 through 8 as recommended by the Planning staff wi~ a designation as Handicap Parking only. Mr. Drouin discussed numerous parking violations on Highland Ave. as more of a blight to the area. Question called on the motion, carried as follows: 6 affirmative, 1 opposed (Sturdivant). Upon clarification of the motion, Mr. Sturdivant changed his vote, carried unanimously. Recess 7:50 until 7:00 p.m. Mr. Adrian returned to the meeting. ~29a6 PUBLIC RECOGNITION CONTD Mr. Anderson requested new information only on utility bills. He referred problems of that nature to the T~easurer's office during regular business hours· Dick Maurice owner of the E1 Camino restaurant discussed the in- crease on his utilities bill, and urged Council to consider a commercial rate for businesses. Tape 55 Paul Sheyet discussed rates based'on winter consumption, and his objections. He has rental property, and feels summer tenants who are low water users, will be charged more for sewer if previous winter tenants were high water users. Mr. Sheyet favors a flat rate. ~0o37 ~0392 City Council Meeting Minutes August 10, 1983 Page Four ORDINANCE 3858 - 1983 MID-YEAR BUDGET ADJUSTMENTS AB83-397 Mr. Adrian discussed elimination of two budgeted positions and funds for Asst. Street Supt. position reverting back to the General Fund. Funds for Water Suoervisor remain in water utility. Mr. Drouin dis- cussed the Field Services Mgr. position as assisting the Mayor and felt this should be funded from the General Fund. He discussed the PILOT program and increases to the citizens. There was discussion regarding distribution of responsibilities, and it was stressed Council is concerned with funding of this position for three months of this year. Motion by E. Sturdivant and R. Johnson to pass on second reading, AN ORDINANCE of the City of Bremerton amending Ord. 3764 pertaining to the financial budget for the several funds of the City Government, the City of Bremerton for the fiscal year 1983, and appropriating the amounts set forth in said budget to each fund in accordance with RCW 35.33.075, carried unanimously. ORDINANCE 3861 - WATER & SEWER BOND ORDINANCE AB83-406 Bob Yeasting, Foster & Marshall/American Express discussed current market as being relatively stable with an upwards impact. Mr. Yeasting discussed attempts to have the bonds insured. One firm would not insure. Another firm expressed interest, but not until after sale of the state GO Bonds. Foster & Marshall felt due to upwards impact of interest and A rating from Moody, it was unwise to wait. As a result the Bonds brought offers at an average in- terest rate of 10.286%. State GO Bonds sale averaged interest rate of 10.71%. The purpose of insuring Bonds is to obtain an AAA rating, however, there is no danger to the City by not insuring. Mr. Yeasting discussed the proceedings of negotiated sales and presented contract for sale of bonds. George Mack, Roberts ~ Sheffetman, discussed the bond ordinance and that his firm will see the city through until the money is received. Bonds sold to Foster & Marshall are on a parity rank with revenue bonds issue in 1971 and 1973. City has additional outstanding bonds issued in 1955 and 1965, which will be retired by 1990. In 1977 bonds were issued to improve water storage facility. Money to retiree the 1977 Junior bonds is included in these Bonds. Mr. Mack discussed a number of changes in the ordinance that have occured since the draft was prepared. Sec. 11, the City will de- posit $t,000,000 of the proceeds of the Bonds and deposit $677,127 from the Current Water Fund into the Res'erve Account. Ms Swanson inquired if form of financing can be changed to a ULID? Mr. Mack discussed marketing of the bonds being backed by increased sewer rates and offers already submitted, precludes changing to a ULID. Mr. Mack discussed necessary bond sale even with a ULID, property owners would pay acces~ments and user fees. Discussion followed regarding refinancing and retiring of bonds. Motion by P. Drouin and R. Mosely to pass on emergency AN ORDINANCE of the City of Bremerton, Washington, relating to the combined water and sewerage system of the City; specifying and adopting a system or plan of additions and betterments to and extensions of the combined water and sewerage system of the City; declaring the estimated cost thereof; authorizing the issuance of $14,500,000 par value of "Water and Sewer Revenue Bonds, 1983: for the purpose of providing a part of the funds with which to pay the cost of carrying out such sys- tem or plan, to capitalize a portion of the required reserve in the bond redempt~on fund for those bonds, to refund the outstanding "Water and Sewer Revenue Bond, 1977: of the City, and to pay the cost of issuing and administering the 1983 bonds; fixing the date, form, interest rates, terms and covenants of such 1983 bonds; con- firming the sale and providing for the delivery of such bonds to Foster & Marshall/American Express Inc of Seattle, Washington; ratifying all actions taken by or on behalf of the City consistent with this ordinance; and, because of its urgency, providing that this ordinance shall take effect immediately, carried unanimously. Mayor Dawkins returned to the meeting. City Council Meeting Minutes August 10, 1983 Page Five #2375 ORDINANCE 3862 - BOND REGISTRATION AB83-~07 Motion by P. Drouin and C. Pachek to pass on emergency, AN ORD- INANCE adopting a system of registration for obligations of the City, carried unanimously. Motion by J. Adrian and C. Pachek, due to length of meeting table items !0D, 10E, 12A and 12B, carried as follows: 7 affirmative, 1 opposed (Amo). Recess 9:25 until 9:30 p.m. #2a3T ANIMAL CONTROL FACILITY SITE LOCATION AB83-421 City Council Planning Committee reviewed and evaluated previously identified sites and are recommending the Olympus Dr. site. Tape Walter Allen, 2903 Olympus, discussed objections to this location and feels this will create greater traffic hazards and additional noise. He referred to a prior meeting at which time the Mayor indicated the facility would not be located in a neighborhood if there were any protests. A. Anderson discussed the Mayor's power to veto a Council decision, and the Council's power to override the veto. Mr. Amo discussed the Watershed as a site and Planning Committee felt this did not meet the criteria. He discussed the proposed structure and feels it will not be a nuisiance, as it will be inside. Jay Schmidt, 2811 Olympus, expressed concern of this type facility being constructed in the vicinity of the water storage tank, and Health Department restrictions. It is his understanding this is federal land and the City cannot build there. Lena Swanson stated the Watershed is a good site location, and in her opinion it is not too far out. Barbara Lawrence, 3004 Olympus objected to this location as it will decrease value of homes in the area. Bert Gegner discussed issue of type of building and felt it is important to inform the public the structure will not be a deterrent to the area. Mr. Soley, corner of Olympus and Sheridan, expressed his objections and suggested site of the Lebo treatment plant. Discussion followed regarding efforts of the Planning Committee to locate a site that will impact an area the least. Discussion continued regarding ownership of the land, and it was determined this is city land. However, hearings are necessary before the Planning Commission and City Council prior to final decision. Mr. Sturdivant discussed previously scheduled neighborhood meetings, and requested a meeting in his district prior to a decision. Dale Pritchert, 203 Clare Ave, discussed charges for taking an animal to a facility, and stated people will "dump" animals in the area to avoid the charge. He feels Olympus site is not a good location. Ruth Severns, Animal Control Officer, stated there is no fee for picking up animals or leaving them at the facility. Motion by R. Johnson and J. Adrian that the Olympus Drive location be forwarded to the City Administration to begin any necessary land use/permit hearings and develop a recommended mode for funding so that construction can begin as soon as possible, carried as follows: 7 affirmative, 1 abstention (Mosely). #1170 #12a8 City Council Meeting Minutes August 10, 1983 Page Six CONTRACT AWARDS/WASTEWATER FACILITY PROJECT AB83-424 Motion by C. Pachek and B. Amo to approve awarding of contracts CI, C7, C8, C9, C10, C12, C13 and C14, carried unanimously. EXECUTIVE SESSION/INSURANCE FOR WASTEWATER FACILITY PROJECT AB83-a25 Ron Franz, Deputy Prosecutor, discussed additional insurance to handle ommissions and errors. He discussed design problems, at which point the construction contractor makes a claim against the City. The City does not always have the right to make a claim against the de- sign contractor. Insurance the City is considering will cover the City for design errors and ommissions. Mr. Franz discussed legal expenses incurred by the County on a design error issue. Harry Maurer, Kitsap County Risk Manager, discussed his evaluation of CH2M HiZl's policy and Gibralter policy the city is considering. CH2M Hill will not include the City as additional insured. The limit is $5 million and is for 30 months. Gibralter coverage is $20 million for 10 years and the arbitration clause has been re- moved. He concluded purchase of Gibralter policy would be a wise decision. Meeting adjourned to executive session at 11;00 p.m. Meeting reconvened at 11:50 p.m, Motion by J. Adrian and E. Sturdivant that'the City Attorney be provided Council authority to pursue the acquisition of an errors and ommissions insurance policy for the Sewerage Treatment Plant, carried unanimously. Meeting adjourned at 11:53 p.m. APPROVED: KATHLEEN L Clerk ART ~, Council President