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Home My WebLink About12/07/83Tape ~2766 ~2802 ~2956 ~2952 ~3105 ~3230 Tape 91 0230 CITY COUNCIL MEETING MINUTES December 7, 1983 Unapproved Minutes The regular meeting of the City Council of the City ofBremerton, Washington, was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington, Wednesday, December 7, 1983, at 5:30 PM, with Council Vice President Roy Mosely presiding. Also present were Councilmen E.L. Sturdivant, Spencer Horning, Clyde Pachek, Phil Drouin, Bill Amo, Jim Adrian and Russell Johnson, Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskeyo Councilman Art Anderson was absent. The meeting was opened with the Pledge of Allegiance and the invocation was given by Clyde Pachek. R. Mosely stated that the Minutes of November 30, 1983, will not be read and under Item 9 - C was added: 2ND Reading Ordinance Amending Massage Parlor to repeal Ordinance #3843. INFORMATIONAL ITEMS AB83-635 Claims for damages were submitted from Vera N. Allen, vehicle and pipe damage claim and Walter J. Lorenz, water backing up in basement claim. Claims have been sent to appropriate departments, City Attorney and insurance broker. CLAIMS/WARRANT REGISTER Claims audited and certified by Darlene Herrmann as required by RCW 42.24.090 have been recorded on a listing which has been made available to the Council. Notion by R Johnson and C. Pachek, as of this date the Council does approve for payment of Payroll period 11-23-83, $284,015.69, FICA for that period $11,086.21, Regular Warrant Register $173,451.58, a Special Warrant for an insurance payment $420.00, carried unanimously. MAYOR'S REPORT Mayor Dawkins reported that there are two vacancies on the Library Board and within the next two weeks he will 2 names to submit to Council. A Christmas greeting was received from the Mayor of our Sister City, Kure, Japan. A letter was received from the Great American Smokeout organization thanking us for the support given. Mayor Dawkins introduced Joe Gero, the new Planning Director. He was given a warm welcome from the Council and audiance. ATTORNEY'S REPORT None. PROFESSIONAL SERVICES AGREEHENT/CBD RETAIL SPACE CONSULTANT AB83-630 City Clerk reported that a letter was received from Mr. Edward M. Schaffnit Inc., Consultant in Real Estate Economics outlining the serves he will provide. This information was provided as informational only and needs no action. ORDINANCE, 2ND READING: AMENDING MASSAGE PARLOR TO REPEAL ORDINANCE #3843. AB83-626 Motion by R. Johnson and Spencer Horning to approve on second reading Ordinance amending Ordinance No. 3822 to further define hours of operation and necessary records, and to include penalty provisions, and repealing Ordinance 3483, carried unanimously. Councilman Bill Amo stood before Council and stated his apology for putting the Council and Police Chief in a compromising position because of his "sign" which allowed him special privileges for parking. He relayed the difficulties he has experienced finding parking when he has to leave his place of employment and come to City Hall for City business, and then return to his work - finding it difficult to find parking space. His intentions were honorable but realized that he could not receive special privileges over anyone else and he apologized for having handled this problem in this manner. He also indicated that all his parking tickets had been paid by him. PUBLIC RECOGNITION Bert Gegner, 934 Washington Avenue, expressed his concern and support of the problem Councilman Amo has had with Parking while on business for the City. He stated that he was in favor of the Council legislating to cover this area of parking and accessibility t3 City Hall when on City business. Tape 91 #0296 ~0704 :2017 ~2220 City Council Meeting DeCember 7, 1983 Page 2 PUBLIC RECOGNITION CONT. H. R. Carter, 910 Callahan Drive, spoke in favor of the Council establishing parking privileges for Councilmen when they are on City business. He indicated that many cities already have such a stipulation. Mike Denton, 1611 Wheaton Way, owner Rainy Day Amusements, spoke to the City's current Amusement Tax which he feels is too high. He explained that the video game business is down and that it was too high to begin with. He cited several tax rates from other cities. Mr. Denton was advised by Council that he should plan on attending a Council Study Session in January so that they can look into this matter with him. City Attorney Bill Broughton suggested to Council that there be discussion with City staff prior to setting the Study Session time for this subject. Mr. Denton presented a letter to Council outlining his position. R. Mosely instructed City Clerk to have copies available for the Council members. PROPOSED RATE SCHEDULE FOR AMBULANCE SERVICE AB83-638 Mr. Tucker of Kitsap Public Services and Mr. Littlejohn of Olympic Ambulance presented their 1984 proposed rate schedules for council's review and approval. Copies of each new proposal are on file in City Clerk's Office. Motion by B. Amo and Clyde Pachek to delay one week for additional staff input, carried unanimously. REZONE FROM R-1 TO B-2; 907 CALLAHAIl DRIVE AB83-637 R. Nosely recited the "Appearance of Fairness" statenlent and there being none the hearing began. Bob Duffy, Planning Department pre~ented the proposal to change zoning from R-1 to B-2, for the purpose of constructing a medical services building at 907 Callaban Drive. Planning Commission heard this item on October 25, 1983, and recommended Denial. B. Duffy read Summary of Proposed Action which stated removal of vacant home and nearby abandoned foundation and the construction of 4,000 square feet professional medical services building, 14 parking spaces, landscaping and related improvements. He also stated surrounding uses are as follows: to the north residential single family development, south - resSdential and hospital, east residential, west residential and office development, vacant and restaurant. Topography of site slopes down to the south and west. The difference of elevation is approximately 20-25 feet. The SEPA Determination was made on September 20, 1983, and a negative declaration was issued. Bremerton Area Plan policies are listed in Exhibit C of the resolution. The Manette Neighborhood Planning Statement: Proposed development is located within area designated as "single family" on current Mannerr Neighborhood Plan Land Use Map. (The Plan Map boundaries are intended to be a flexible indication of general areas for development and growth. The Planning Commission Preliminary Zoning Map, dated 8/83 (unadopted): designated "commercial office"; proposed use would be allowed. With respect to current zoning ordinance the proposal meets all requirements, assuming the rezone is granted. Bc Duffy reviewed summary of Planning Commission Testimony at Public Hearing of October 25, 1983. At this meeting five persons spoke in favor and six spoke against. Concerns were expressed that this would be setting a precedent for commercial development. Planning Commissions Conclusions and Recommendation: 1. The site is adjacent to Callahart Drive which serves as a collector street at this location. While traffic hazards are reported at this location due to speeding traffic, the capacity of the street is probably capable of handling the additional traqfic which would be created by the proposed development. 2. The landscaping proposed is in excess of Zoning Ordinance requirements. 3. The proposed development is close but not immediately adjacent, to other medical service facilities. 4. While the parking proposed exceeds Zoning Ordinance requirements, a business parking lot could be unsightly to some adjacent residents. 5. The access, as proposed, may create a negative impact on the surrounding residential area. 6. The proposed development is generally inconsistent with Bremerton Area Plan and Manette Neighborhood Planning Statement Policies which call for distinct and separate living areas and safe and sufficient access, however, it is generally consistent with policies which call for removal of unsight!y structures, development which achieves high standards in site planning, medical uses which locate in transitional areas between high and low intensity uses (subject to proper standards), and access onto side streets. 7. The proposed building bulk would be slightly larger than the immediate s~bunding residential buildings and may therefore conflict with the character of the surrounding area. 8. The action of gr~qting approval for this rezone ,.muld probably establish a precedence for other rezone re~ sts in the immediate area. Tape 91 City Council Meeting December 7, 1983 Page 3 a2583 ~2679 ape 92 =2870 ~2915 Tape 93 ~0300 #0386 REZONE FROM R-1 TO B-2:907 CALLAHAN DRIVE AB83-637 CONT. RECOIdMENDATION: Based on the written and oral testimony received, we hereby recommend that this application be DENIED. Proponent, Dr. Sander E. Bergman, property owner and developer, spoke to the proposal and reaffirmed his proposed use. He reviewed for Council the steps which he took to prepare his proposal showing the impact of a building of this kind in a residential area. He presented a petition signed by 200 individuals in support of his proposal which will be on file with City Clerk. The following individuals spoke in favor of the proposal: Diana Fong, 6642 Clover Blossom; Dan Calman, Appraiser, Karen Avery, 2702 Cherry Avenue, Gary Stokes, 914 Callahan Drive, Gordon Sloan, McClain Avenue, Linda Rosolis, Perry Avenue, Blake Carter, Ruth Kean Johnson, Cindy Williams, Illahee area, Marge L. Sevan, tllahee Rd., Helen Higgins, Ash Street, Les Fowler, lower Marine Drive and builder for project. The following individuals spoke against the proposal: Dean Richards, 922 Callahan Drive, Hal McCallester, 924 Callaban Drive, Mrs. McCallester, 924 Callahan Drive, Harvest Blackweller 930 Callahan Drive, Norma Richards, 922 Callahan Drive, Joe Gero, Planning Director handed Council a "Revised Recommendation" by staff which he indicated may be helpful in their evaluation of the proposal. This information has been left out, accidentially, from the packet. Motion by Phil Drouin and Jim Adrian that the request for rezone be DENIED, carried affirmative (7), opposed 1 (Sturdivant) WASTEWATER FAC. CONSTRUCTION PROJECT CHANGE ORDER CONTRACT C1-#4,5,6 AB83-639 Change Order No. 4 - Contract Cl: The 54" pipeline is in fill of poor quality. The foundation materials are too soft to properly support the pipeline. The specifications require a change order if foundation stabilization is required. Addition of a unit price for foundation stabilization for the 54 inch storm sewer in the area south of the Humane Society has been made to the contract documents. Change Order No. 5 - The Contractor claimed changed conditions'duE to springs in the unsuitable excavation. The Contractor further claimed that delay in completing filling the unsuitable excavation was due to remedial measures required because of the springs. As a result of the delays, the Contractor claimed he could not fill the excavation with on-site soils due to wet weather and moisture sensitivity of on-site soils. The City disagreed with the Contractor's claim for changed conditions and contended that groundwater should have been anticipated since groundwater data provided in the Contract Document showed the presence of groundwater above the deepest areas of the unsuitable excavation. The City agreed that on-site soils are moisture sensitive and probably could not be used and maintain the current construction schedule. The City decided it was in the City's best interest to settle this claim before it got much larger. Chanqe Order No. 6 - Humane Society side sewer discharges to a 21 inch sewer that conflicted with and was broken in the installation of the 54 inch storm sewer. A replacement sewer is required. It is necessary to find the side sewer to design the replacement. No one knows where the side sewer is. It was not found as shown on available plans. Dave Baker, Project Manager explained in detail the problems incurred in each Change Order and effect it had on overall project. Bert Gegner, 934 Washington Avenue, sp6ke of his concern the way in which Change Orders are coming in to Council. Speaking as an Engineer he wished to point out certain processes that were not being followed, such as not getting Attorney's input before allowing change orders. He hoped that the Project Manager would seek additional counsel from expert advisors in future change orders. Motion by Phil Drouin and Clyde Pachek to approve Change Order #4, #5, #6 to Contract C1, carried unanimously. WASTEWATER FACILITIES CONSTRUCTION PROJECT CHANGE ORDER CONTRACT C14-#3 & #14 AB83-640 Change Order 3 - Trench depths were encountered which are deeper than anticipated in areas of Contract C14, resulting in the need for a new unit price for depts of 20-22 feet. Tape 93 0386 10919 !0930 City Council Meeting December 7, 1983 Page 4 WASTEWATER FACILITIES CONSTRUCTION PROJECT CHANGE ORDER CONTRACT C14-#3,#4 AB83-640 Continued Change Order 4 - Where trench materials are not acceptable for backfill, imported gravel may be required. This change order provides the unit prices for various sizes of pipe and depth of trench, for which the Contractor agrees to furnish and install such imported material. Dave Baker, Project Manager outined in detail the situations which necessitated the change orders #3 and #4. Bert Gegner, 934 Washington Avenue, stated his concern that Council is setting precedence with something that should have been on the contract. Motion by Phil Drouin and Clyde Pachek that approval be given to Change Orders #3 and 4 of Contract C14, carried unanimously. COUNCIL REPORTS Russ Johnson - After Civil Service Meeting on December 8, there will a Budget Mearili~l to be held in City Council Office. Bill Amo - stated he will be out of the City from December 12 through 23rd. and the Council Planning Committee will resume meeting after the first of the year. Phil Drouin - invited everyone to attend the West Bremerton Merchants' Association meeting, December 8, 1983, 7:45 AM to 8:45 AM, E1Camino Restaurant. At 9:30 AM the regular Wastewater Facilities Committee meets in the Council Office. Also wishes to remind everyone that the meeting to review annexation of the wastewater plant facilities will be December 22, 1983, at 7:30 PM instead of previously reported 7:00 PM. Meeting adjourned at 9:30 PM APPROVED: ROY T. ~(L,~AC~II'IG COUNCIL PRESIDENT