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HomeMy WebLinkAbout09/14/83#1079 #1093 #1115 #1787 Tape 66 #1000 CITY COUNCIL MEETING MINUTES September 14, 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, September 14, 1983 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, Asst. City Attorney Killian and City Clerk McCluskey. The meeting opened with the Pledge of Allegiance and the invocation was given by Phil Drouin. Unapproved Minutes CONSENT AGENDA A. Minutes of September 6 and September 7, 1983. AB83-489 B. Bid Award for Fascimile System to Burroughs in the amount of $3,306.00 plus tax. AB83-490 C. No bids were received for Asynchronous Modems. Request authorization to negotiate purchase of modems not to exceed $2500, plus tax. AB83-491 Motion by J. Adrian and C. Pachek to approve the Consent Agenda items A, B and C, carried unanimously. INFORMATIONAL ITEMS Claims for Damages from; James R. Colton, Murray Franklin, Michael Jipson and Lillie Williams were presented for informational purposes. All claims have been sent to insurance and departments for reports. WARRANT REGISTER AB83-493 Warrants 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 E. Sturdivant as of this date, the Council does ap- prove for payment warrants 12314 through 12476 inclusive in the amount of $209,979.82 and warrants 12303, 12304, 12305, 12308 and 12309 in the amount of $66,024.38, carried unanimously. MAYOR'S REPORT Mayor Dawkins presented a proclamation to A1 Dillon, President of Bremerton Symphony Orchestra designating the week of September 26th as Bremerton Symphony Orchestra Week. Mayor Dawkins stated the Wastewater Facility Project Manager prepared a presentation regarding assessments for the facility, Using a chart prepared for his presentation, Mr. Baker discussed square footage, front footage and discharge assessment methods, and concluded the discharge method for assessment was felt to be more fair and equitable. PUBLIC RECOGNITION Mr. Anderson stated 5 minutes would be allowed for each individual wishing to address Council at this time. Elizabeth Buell, 1722 High, invited Council to an awareness banquet by KCCA, September 23rd at the Sons of Norway Hall. Wally Miller, 8651 Hwy. 3, Port Orchard, discussed his dismissal by the Mayor on September 9th and inquired from which position was b~ dismissed and reason for dismissal? Ms Killjan stated he was dismissed as a temporary employee. The reason will he documented and placed in tis file, but will not he discussed at a public meeting, Dug Downs, 1307 Poindexter, discussed Monday bs meeting in regard to attend- ance and content of the meeting. Mr. Downs discussed legal action that has been initiated for recall of Council members, the Mayor and County Con~nissioner Aardal. Mr. Amo invited Mr. Downs to the Sheridan Neighhorheod meeting, Thursday at 7:15 p.m. at the Sheridan Center~ Carl Flanagan, 309 S. Hartford, disagreed with the method of financing and stated water meters in his area have not been read for 4 months. Mr. Duffy, Water Supt. stated he will investigate. City Council Meeting Minutes September 14, 1983 Page Two PUBLIC RECOGNITION CONTD Mona Thomas, 1630 Perry Ave, disagreed with the method of financing and dis- cussed her increased utility bill and the hardship to her family. Pam Bender, 5000 Roosevelt, discussed 150% penalty to county customers. Mr. Drouin clarified this as a 50% surcharge. Ms Bender discussed water and sewer as separate entities and questioned sewer rates based on water usage. She discussed length of time to pay for the project. Katie Penman, 360 Bertha, discussed the ordinance requiring mandatory garbage pick up and suggested an amendment whereby residents will not be billed if the service is not used. Tape 67 Mickie ~arner, 517 S. Yantic, discussed .Mr Baker's earlier presentation on the method of financing, and axpressed her objections to the form financing. of Ronald Charman, 1740 Gregory Way, stated he is fed up with Bremerton; it is becoming a Police State and he is leaving the area. _Mary Lou Long, 2433 E. Phinney Bay Dr., invited Council to the Bay Area Neighborhood Council, September 24th, 7:30 p.m. at the United Methodist Church and asked everyone to bring utility billes for comparison. Michael Hosea, 1544 Elizabeth Ave., NeighBorhood Assoc. President, discussed the government being open to the people and suggested attending the meetings. She discussed the hearings being publicized and stated the 50% grant funding is being paid by the people of the state. Ms Hosea discussed polluted waters and restrictions on building with the current plant. Recess 6:45 until 7:00 p.m. #0398 HEARING - CHANGE IN LAND USE RESTRICTION/FRANK WARNER AB83-464 Clerk McCluskey stated this is a continued hearing from August 31, 1983. All Council members remained in attendance in response to Mr. Anderson's standard conflict of interest question. Kay Wilson, Acting Planning Director briefly reviewed information from the previous hearing. This was tabled to allow time to investigate if the unit size will meet standard building code. Ms Wilson stated results of a building department check indicate the unit does not meet code. The unit cannot be used as a rental unless the owner complies with all requirements, which include enlarging the unit and a 5th parking stall. She discussed space available for a 5th stall as not being adequate. Frank Warner, owner, discussed his understanding that the parking problem was resolved at the previous hearing. Mr. Amo and Mr. Adrian stated no decision was reached on parking, that the hearing was tabled due to question on size of the unit. Mr. Warher stated if the unit is enlarged the rent will increase and asked for an exception in this case. Ms Killtan stated Council cannot consider size of the unit, as this is a zoning request. A change in land use restriction cannot be approved unless all zoning requirements are met. She suggested referring back to the Planning Commission at which time Mr. Warher may request a variance. Discussion followed regard- ing procedures for a variance. Ms Wilson discussed inadequate space for a 5th parking stall and stated this requirement will have to be met prior to approval. Motion by B. Amo and C. Pachek to deny the Change in Land Use Restriction, carried as follows: 5 affirmative, (Johnson, Amo, Drouin, Anderson, Pachek), 4 against, (Adrian, Mosely, Horning, Sturdivant). Mr. Sturdivant inquired of legal counsel if fee waiver could be put into a motion. Ms Killian stated that would not be an appropriate motion. #1500 HEARING - AMENDING OPdDINANCE 3546 & 3543 AB83-494 Thes~ ~rdihahces' affect several properties along' Kitsap Way between the City limits on the west and Carr Blvd. on the east which were rezoned to a B-2 classification in August, 1979, Planning Commission Resolution 689 recommends approval. All Council members remained in attendance for this hearings in response to Mr. Anderson's standard conflict of interest question. City Council Meeting Mi~..tes September 14, 1983 Page Three HEARING - AMENDING ORDINANCES 3546 & 3543 CONTD Ms Wilson discussed history p~rtaining to' annexation of the area as R-1 zoning. Ms Wilson dis.cussed proposed action to delete reference to business zoned proper- ties which are residentially used, reconsider requirement for site plan approval upon 25% expansion of commercial buildings, and delete requirement for Planning Commission approval of site plans. Ms Wilson discussed Planning Department review of ordinance 3546 and found that ordinance 3543 should be reviewed for clarification. Other conditions in the ordinances should be reviewed for clarification in addition to the screening requirement. The Kitsap Lake Neigh- borhood Assoc. wrote Council in 1978, with concerns regarding development and affect on green belt screening. The concerns were considered when conditions of ordinances 3546 and 3543 were adopted in 1979, At a public hearing in August, 1983, the Planning Commissioners expressed con- cern that the City Council should not be responsible for administrative inter- pretation and approval of site plans. Appropriate City departments and the Planning Commission should be responsible for approval of site plans affected by ordinances 3546 and 3543. The Planning Commission felt it necessary to have a Planning Commission public hearing for those site plans which are affected by ordinance 3546. Ms Wilson discussed conclusions that the proposed amendments would not be adverse to the Brewerton Area Plan. Such amendments are necessary in order to clarify the intent of the ordinance which were approved by the City Council In 1979. Ms Wilson discussed recommendations to amend ordinance 3546 and 3543 as follows: Condition #1 a) Delete the requirement for City Council approval and reword first sentence as follows: New commercial construction and development shall be required to receive site plan approval from appropriate City Department and the Planning Commission. Such site plan approval shall not be limited to the requirements of Ord. 3546 and 3543 but shall address any con- cerns raised by the Bramerton Area Plan. b) Clarify and reword second sentence as follows: This requirement shall not apply to single-family residential or duplex development or to additions to existing commercial buildings which do not increase the cubical content more than 25% from the original size of the building as of the date of the passage of this ordinance. Condition #2 a) Delste the reference to "residentially used parcels" and clarify the ambiguity caused by the phrase "existing vegetation". Reword as follows: All developments requiring the above site plan approval shall in addition to the screening requirements of the zoning ordinance, provide an unbuilt upon screening area of not less than 25 ft. in width where the business development is adjacent to residential zoning. Jim Strait,6530 Harlow, President of Kitsap Lake Neighborhood Assoc. spoke in opposition to Council being eliminated from approving site plans. Mr. Johnson discussed the original rezone and ~reed that Council should approve site plans. He discussed concerns with traffic in the area. Discussion followed regarding site plan approval by City Council. Motion by R. Johnson and E. Pachek to a) delete the requirement for Planning Commission approval and reword the first sentence under condition #1 as follows: "New commercial construction and development shall be required to receive site plan approval from the City Council following Planning Commission hearings. Such site plan approval shall meet any concerns raised by the Bremerton Area Plan and ordinances 3546 and 3543." and accept Condition #1 b) and Condition #2 a) as recommended by the Planning Commission, carried unanimously. Recess 8:10 until 8:25 p.m. #2727 ~3102 Tape 68 #0115 #0823 #1350 City Council Meeting Minutes September 14, 1983 Page Four ORDINANCE, 1st Reading - REPEALING APPENDIX CONTAINING ADMINISTRATIVE REGULATIONS OF ORDINANCE 3722 (NOISE CONTROL) AB83-~95 Ms Killjan discussed the appendix as a guide for enforcement. She stated it should not have been included as part of the ordinance, as it does not give the Police Department flexability to enforce the ordinance. Motion by C. Pachek and R. Mosely to approve on first reading AN ORDINANCE repealing the Appendix containing Administrative Regulations of Ord. 3722 pertaining to noise control. Discussion followed regarding the appendix not being included in Council packets and having the appendix included prior to second reading. Question called, carried as follows 8 affirmative, 1 abstention (Adrian). Mr. Adrian requested a copy of the appendix for the next meeting. ORDINANCE, 1st Reading - CHANGE IN LAND USE (ROBINSON) AB83-496 Motion by S. Horning and P. Drouin to approve on first reading AN ORDINANCE amending Ord. No. 3451, Sec. 1, relating to Robinson rezone and land use restrictions. Discussion followed regarding necessity of including zoning in the ordinance and questioning if B-3 zoning is correct. Ms Wilson stated zoning was n6t addressed in the application for Change in Land Use Restrictions. Motion and second were withdrawn. Motion by J. Adrian and R. Johnson to table for one week, carried as follows: 8 affirmative, 1 abstention (Amo). CHARTER CHANGES AB83-500 E. Sturdivant, Chairman of Charter Change Committee,-stated Bremerton residents will ultimately decide, at the polls, if there will be charter changes. RESOLUTION NO. 1985 - Article VII, Sec, 30 City Clerk Mr. Sturdivant discussed the Clerk affixing the City seal to all documents as meaning attesting the Mayor's signature. Motion, by A. Anderson and R. Johnson to pass A RESOLUTION setting forth amend- ments to Article VII, M 30 for submission to the qualified voters of the City for approval and ratification or rejection at the general election to be on November 8, 1983, carried unanimously. RESOLUTION NO. 1986 - Article II, Sec. 5 Elective Officers, Election & Term Mr. Sturdivant discussed other cities where selection of Mayor Prohem is made by Council, Ms Penman discussed her concerns with length of time a Mayor Protem can serve before a special election is called, Ms Killjan discussed state requirement for vacanies and general elections. Pete Flynn discussed Mayor's veto power and felt there would be no check on Council. Discussion followed regarding a Council member serving as Mayor Protem and acting on Council matters. Ms Killian indicated he could serve in both capacities. Motion by J. Adrian and A. Anderson to pass A RESOLUTION setting forth amend- ments to Article II, ~ 5 for submission to the qualified voters of the City for approval and ratification or rejection at the general election to be on November 8, 1983, carried unanimously. RESOLUTION NO. 1987 - Article II, Sec. 7 Elective Officers, Vacancies Mr. Sturdivant discussed eliminating "absent from three consecutive regular Council meetings without being excused by Council" and the addition of "from th~ respective district". Discussion followed regarding methof of selecting Protem Council member. R. Mosety Districts should select Protem Council members. Motion by A. Anderson and B. Amo to pass A RESOLUTION setting forth amendments to. Article II, M 7 for submission to the qualified voters of the City for approval and ratification or rejection at the general election to be on November 8, 1983, carried as follows: 8 affirmative, 1 opposed (Mosely). RESOLUTION NO. 1988 - Article V, Sec. 23, Department of Finance Mr. Sturdivant discussed the original resolution and a revised version. Mr. Mosely objected to the Auditing Committee having the power to remove the auditor, and felt this should be a Council function. Mr. Johnson stated the Finance & Budget Committe supports the amended version. Ms McCluskey felt the use of an audit committee is the best approach. Motion by A. Amo and J. Adrian to pass amended version of A RESOLUTION setting forth amendments to Article V, M 23 for submission to the qualified voters of the City for approval and ratification or rejection at the general election to be on November 8, 1983, carried as follows: 8 affirmative, 1 opposed (Mosely). City Council Meeting MY September 14, 1983 Page Five tes #1758 CHARTER CHANGES CONTD RESOLUTION NO. 1989 - Article IX, Sec. 34, Civil Service Ms Killjan read a letter from Commissioner Will Lent questioning the change from 3 to 5 commissioners, but feels with eliminating language that the Personnel Director shall not be employed by the Civil Service Commission in any capacity, the changes and modifications will work..None Lansbery, Commissioner spoke in opposition to the 5 member concept, and suggested al- ternates in the event a commissioner is absent. She supports the rest of the resolution. Maryellen Babbitt discussed her concerns with the Personnel Director establishing classifications and exempt classifications. Dave Hiestand, Personnel Director, discussed employee's right to appeal classifica- tion designations. Mr, Mosely discussed wording of Commissioners appointed by the Mayor and Council.. Discussion followed regarding the Mayor making the appointments and Council approving. Motion by R. Mosely and E. Sturdivant to change line 3 to read "by the Mayor and approved by the Council" and line 14 to read "shall be filled by the Mayor and approved by the Council", carried unanimously. Motion by P. Drouin and B. Amo to pass as amended A RESOLUTION setting forth amendments to Article IX, S 34 for submission to the qualified voters of the City for approval and ratification or rejection at the general election to be on November 8, 1983, carried unanimously. #2897 Tape 69 RESOLUTION NO, 1990 - Article Ill, Sec. 10, Mayor's Veto Power Mr. Sturdivant discussed changing the time frame for vetoing from 10 days to i5 days. Ms McCluskey discussed possible conflict as ordinances are required to be published in 10 days. Motion by E. Sturdivant and R. Mosely to amend Resolution 1990 by inserting "10 days" in place of "15 days", carried unanimously. Motion by C. Pachek and E. Sturdivant to pass as amended A RESOLUTION setting forth amendments to Article III, S 10 for submission to the qualified voters of the City for approval and ratification or rejection at the general election to be on November 8, 1983, carried unanimously, E~ ~turdiyant thanked Council and Citizens for time and efforts put forth on tha. afuDve Stated change&~ M~r. Mosely left the meeting, #0014 CAPITAL IMPROVEMENT PROGRAM AB83-482 Motion by J. Adrian and B. Amo to approve the Capital Improvement Program, carried unanimously. #0097 #0169 #0188 CHANGE ORDER NO. 1 TO CONTRACT C3/CHANGE ORDER NO. 1 TO CONTRACT C5 AB83-497 Motion by S. Horning and E. Sturdivant to approve change order no. 1 to contract C3 and change order no. 1 to contract C5 at no cost to the City, carried unanimously. (Mr. Mosely returned to the meeting.l ACCEPTAIqCE OF AGREEMENT WITH ROTARACT AB83-499 Motion by S. Horning and C. Pachek to accept the agreement with Rotaract Club for demolition of Roosevelt Field grandstand as complete, carried unanimously. COUNCIL MEMBERS REPORTS E. Sturdivant discussed the meeting on Thursday at 5:00 p.m. in Council Chambers with Ferry officials, and stated questions should be in writing and submitted to the Clerk prior to the meeting. P. Drouin, stated the Wastewater Committee meeting will be 9:30 a.m. Thursday, everyone is invited. He stated there will be a Sewer Rate Workshop, Monday at 5:30 p.m. in the Great Northwest Federal Savings & Loan building. B. Amo, stated the Planning Committee m_~ Tuesday with Field Ryan, Mayor Dawkins and Kay Wilson to discuss waterfront taskforce. He discussed concerns with hours of meetings department heads are asked to attend, Mayor Dawkins discussed objections from wives of department heads regarding week end phone calls from Council members and asked Council to hold questions until Monday. R. Johnson stated the Finance and Budget Committee will meet Tuesday at 6:30 p.m. in Council offices to discuss the council budget. He discussed annual review of the comprehensive plan, and objections to signs being placed on utility poles. Mayor Dawkins stated he is meeting with real estate individuals on Thursday and will bring this to their attention. Meeting adjourned at 10:20 p.m. KATHLEEN L. McCLUSKEY, City Clerk APPRI~VED: