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Home My WebLink About04/10/85TAPE #231 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES April 10, 1985 #0074 !/0131 0476 ~0551 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 10, 1985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Spencer Horning, Clyde Pachek, Phil Drouin, Roy Mosely Russ Johnson, Bill Amo, E.L.Sturdivant and Jim Adrian. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. The meeting was opened with the Pledge of Allegiance, led by Council President Art Anderson who also gave the invocation. CONSENT AGENDA Item A of the Consent Agenda was the Minutes of the April 3, 1985 meeting #AB85-163. M/S/C/U/(Horning/Johnson) presented. to approve the Minutes as Item B - Change Order/City Hall Elevator Project #AB85-164; Mr. Dave Baker explained the need for several changes including bulletproof glass and sheet paneling. Councilmen were critical of continuous change orders relating to the elevator and Mr. Baker explained that the original plans of City Hall were inaccurate, as much as 6' off. This caused the removal of the Police dark room and several of the items included in the change order. Mayor Dawkins stated the funding will come from Block Grant monies. M/S/C(Horning/Amo) to table for one-week, Change order relating to City Hall Elevator Project, Contract No. 2511, in order to allow the Engineering department and Mayor to decide on the funding source with the possibility of the Police department absorbing some of the costs relating to their requests. Item C, Rehab Loan Program Commercial Facade Loans #AB85- 165, was pulled from the Agenda. Item D, Wastewater Facilities Construction Project - Change Order #AB85-166; will direct the contractor to (1) provide 10 yds. crushed rock; (2) provide manpower & equipment to assist unplugging a 12" line, and (3) construct a new 12" diameter overflow pipe from overflow manhole to 36" outfall. Cost is estimated at $730.65 plus additional funding for item #3 in crew hours. M/S/C/U/(Drouin/Pachek) to approve Wastewater Change Order No. 8 to Contract C-11. CLAIMS/WARRANT REGISTERS, #AB85-167 Regular Warrants, #10836 - #10958, were presented in the amount of $183,381.36, and Special Warrants, #10829 - #10830, in the amount of $3,554.84, audited and certified by Darlene Herrmann as required by RCW 42.24.090, and recorded on listings made available to the City Council. M/S/C/U/(Drouin/Sturdivant) to approve Regular presented. warrants as PUBLIC RECOGNITION Mr. Glenn Jarstad, 2823 Hefner (former Mayor), expressed City Council Regular Mtg. Minutes April 10, 1985 Page 2 of 6 UNAPPROVED DRAFT concern about going outside the Police and Fire Departments for Management personnel (Chief and Assistant Chiefs). He spoke specifically to the Mayor's right to hire or fire his key management personnel without the individual coming back through a Civil Service procedure as provided by Charter. Mr. Don Serry, 4144 29th Street, thanked the Mayor for his response to his inquiries at last weeks Council Meeting and again asked Council to consider some funding for the Kitsap Historical Society Museum. He said that the County has contributed and that they now have a full-time Curator (3 year funding) but most of the Museum articles are from the City of Bremerton. Mayor Dawkins stated this issue will be placed on a Study Session. MAYOR'S REPORT Ms. McCluskey read Proclamation #1; designating April 20 - 27th as "Spring Clean-Up" Week. Mayor Dawkins presented the Proclamation to Mr. Jim Lamb, Chairman of the Bremerton Lion's Spring Clean-Up Week promotion. Ms. McCluskey read Proclamation #2; designating April 15th - 21st as "Week of the Young Child". Mayor Dawkins presented the Proclamation to Ms. Barbara Mitchell, Director of Preschool at 1119 Elizabeth. Mayor Dawkins reported that Doctor Milander returned to work this week therefore the City will be meeting with he and his Staff in order to resolve the Parking issue and use of Roosevelt Field. Councilman Johnson thanked Mayor Dawkins for removal of the abandoned Garbage Truck at Harlow and Kitsap Way. Councilman Amo complained that the dumpsters (specifically one located at the State Street Shipyard gate) are sometimes in the streets or not replaced in their proper positions. Mayor Dawkins stated he has been in contact with Brem-Air regularly on this issue and the crews replace in proper position but kids or public move the dumpsters. Brem-Air has always been cooperative in moving problem dumpsters. ATTORNEY'S REPORT City Attorney Bill Broughton stated the Bremerton sponsored Library Bill which out of committee and should be on the floor next week thanks to the efforts of Representative Paul Zellinsky. COUNCIL MEMBERS REPORTS Councilman Johnson noted that the first meeting of the Investment Committee will be held on Thursday, April 11, 1985, at 5:00 p.m. Council Conference room. Councilman Drouin commended City Attorney Broughton on his response regarding the Westpark sewerage system/Housing Authority responsibilities and also Mr. Prisk concerning Wastewater Utility Account Classification. He noted that Commercial Accounts II can take actions which would allow reclassification to the lower cost of Commercial I rates. Councilman Mosely noted the Public Safety Committee will meet at 10:30 a.m. April 11, 1985. Also that he will prepare a report concerning a meeting he attended in Seattle regarding Data Processing alternatives. He stated he had the opportunity of reviewing equipment compatible with Burroughs which is less costly and easier to obtain. Councilman Sturdivant commended Staff and Councilmen for calling/writing letters regarding SHB435 and SHB61 (LEOFF II increases) and encouraging representatives in Olympia to City Council Reg. Mtg. Minutes April 12, 1985 Page 3 of 6 UNAPPROVED DRAFT defeat these Bills in the best interest of Cities and Counties. Both would increase the unfunded liabilities already faced in the Police/Fire Retirement system. MAIN STREET PROGRAM - CITY FINANCIAL SUPPORT, #AB85-168 Planning department gave a summary of "Main Street Program" which included; (1) the City approving funding up to $15,000 for it's share should the State select Bremerton; it did not.; (2) the Bremerton merchants formed a "Main Street Program" without State financial support, raising $30,000 of private funds; (3) therefore the Main Street Program is requesting the city fund the program 1.00 for every 2.00 raised up to a maximum of $15,000. Mr. Pete Flynn, Coordinator of the Program gave the Council a report of first months accomplishments by the efforts of those involved which includes lighted awnings, soon to be installed, as a unique facade. He stated the group has been actively lobbying in Olympia with the Transportation department, Puget Sound Naval Shipyard and the Bremerton Port Commission to coordinate efforts. He read a lengthy list of contributors to the program and noted many business people in the audience as a show of support. Speaking in support of the program was Mr. Dewey McBride, Mr. Bert Gegner, Ms. Lexy Duea, Mr. Howard "Rusty" Hager, Mr. Jerry Jackson, Mr. Bruce Andrae, Mr. Rich McDonald, and Mr. John Reams. Mr. Bert Gegner supported the efforts but was opposed to use of City funds. #3]55 M/S/(Drouin/Mosely) to support funding up to a maximum of $15,000 for "Main Street Project". Discussion continue with Councilman Amo amending the motion to read as follows: #NO TAPE . M/A/S/C/U/(Amo/Adrian) to allocate the full $15,000 Malfunction immediately, knowing the Merchants will raise $30,000. Original Motion Carried Unanimously. TAPE tt232 ENERGY CONSERVATION PROGRAM BETWEEN CITY OF BREMERTON AND WASHINGTON STATE ENERGY OFFICE, #AB85-169 Mr. Dave Patmort, Support Services Superintendent, explained that the City has the opportunity to enter into a contract with the Washington State Energy Office (WSEO). Council approved the pilot program earlier therefore money was figured into the 1985 budget appropriations. State funding commences May 1985, terminating April 1986, if approved by Council. January, 1985, Council authorized pursuit of WSEO to begin disbursing 75% program funding, up to $15,000, for the 12-month period. Don Hock has been designated Energy Program Coordinator and will be working with all City Departments in accordance with the work plan, gathering information for input to the Program. #0074 M/S/C/U(Adrian/Sturdivant) to approve entering into a contract with WSEO participating in a pilot program for Energy Conservation. HEARING - SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT AND VARIANCE -1610 PARK AVENUE (BOWEN DEVELOPMENT CO.), #AB85-132 Councilman Anderson asked the standard conflict of interest question with all Councilmen remaining seated. Mr. Bob Duffy presented the Staff report and explained that an application for Shoreline Management Permit & Variance do not go to the Planning Commission but come straight to the Council for approval. He stated the request is to construct Condominiums and Mr. Bowen needs the variance from 25' to City Council Reg. Mtg. Mins. April 12, 1985 Page 4 of 6 UNAPPROVED DRAFT #1185 #1864 30' height. The subject property is 37,200 square feet with many large trees on the site. The Smith Neighborhood Plan (unadopted) designates the subject site as Greenbelt (park). It is Council District #4. Applicable Development Standards include the State Environmental Policy Act (SEPA). Mr. Duffy cited the various drawings/schemes and posted visual plans for Council, along with a slide presentation. He highlighted Conclusions contained in the Advisory Report. Councilman Amo was concerned that the variance height increase from 25 ft. to 30 ft. would impair the view of the majority. He was also concerned about removal of the Trees. Most the Councilmen concurred that removal of the trees would allow more daylight to the surrounding neighbors and be an improvement in general. It was noted that the area West of the subject site is elevated therefore the additional 5 fto height would be a moderate change. Ms. McCluskey read two letters into the record, Mr. & Mrs. Trudelle (opposed) and Mr. & Mrs. Bonine (in favor). M/S/C/(Adrian/Horning) to approve the request for Shoreline Management Substantial Development Permit and Variance with the following conditions: a. Grant a public pedestrian easement over the width of the tidelands. b. Development of the site shall be essentially the same as the development proposed in Exhibit A of report (on file) c. The developer has agreed to maintain the riprap on the Shoreline. VOTE: In favor: Sturdivant, Horning, Pachek, Mosely, An- derson, Drouin, Adrian & Johnson Opposed: Amo AGENDA BILL PREPARATION, #AB85-155 The Budget & Finance Committee along with the Mayor's Advisory Board developed a new Policy Procedure and Agenda Bill Form to be approved by City Council which encompasses more of the information needed by Council to make decisions on the issues that come before Council at their regular meetings. Councilman Adrian addressed the changes and need for same. He noted the illustrated agenda bill and addendums such as impact if approved and impact if not approved. The changes also included Auditor's input, for example a new listing entitled responsible official vs enforcement official. There is a new section entitled notice of action which gives the disposition of each Agenda Bill. Mr. Adrian felt that much of the information needed to be able to approve/disapprove requests has not been provided, or the individual does not have the information available causing rehearing the issue by tabling, etc. This should improve the process a great deal. He stated it will be the responsibility of the department to furnish attachments at reduced size. Also page numbers will be on bottom of page high enough not to be cut off during the copying procedure. M/S/C/U/(Mosely/Adrian) to approve the Agenda Preparation Policy & Procedure and illustrated form. Bill ORDINANCE #3956 (SECOND READING) PROVIDING FOR NEW COUNCIL DISTRICTS, #AB85-157 As a result of a lawsuit filed in 1982, the City was required to redistrict prior to the 1985 Election. A committee was established with a Plan that was submitted to Council February 13, 1985. On February 21, 1985, this plan was presented at a Public Meeting called for that purpose and the Bremerton Charter allows the formation of Council City Council Reg. Mtg. Mins. April 12, 1985 Page 5 of 5 UNAPPROVED DRAFT #2334 #NO TAPE · Recorder Malfunction Districts by Ordinance. City Attorney Bill Broughton stated only one district is split. Councilman Mosely felt he could not vote without knowing the number of people in each district. This information has been available at previously held meetings. He expressed concern regarding the lines drawn in his district. M/S/C/(Amo/Sturdivant) to approve Ordinance #3956 providing for new Council districts for the City of Bremerton. VOTE: In favor; Sturdivant, Horning, Pachek, Anderson Amo, Adrian & Johnson Opposed: Mosely Abstain: Drouin Motion PASSED ORDINANCE (FIRST READING) BUDGET ADJUSTMENTS, #AB85-158 The Ordinance sets forth the Legislative controls on departmental budgets, the procedures to be followed when requesting a Budget Adjustment and form to be used. The development of these documents was a joint Staff/Council- Budget & Finance Committee effort. Some Council members felt the Legislative body should have more control and approval on all requests for changes. M/S/C/U/(Johnson/Amo) to table for one-week. MOTION CHANGED M/S/C/U/(Johnson/Amo) to table for two-weeks. ORDINANCE (FIRST READING) AMENDING ORD. CONNECTION WITH PUBLIC SEWER REQUIRED, #AB85-170 This ordinance was pulled during study session. NO. #3908, ORDINANCE (FIRST READING) REGULATING TOPLESS DANCING IN THE CITY OF BREMERTON IN LIQUOR ESTABLISHMENTS & IN ESTABLISHMENTS WHERE LIQUOR IS NOT SOLD, #AB85-171 Ms. McCluskey noted the changes from the draft City Council has before them to include; "Liquor Not Sold" - page 3d, Police Department, Fire Department and Building Department were added; #8bl "address" was changed to "addresses". The ends of both were changed to make them regular ordinance passage, not emergencies. City Attorney Bill Broughton stated that the ordinance is drafted after the County Ordinance regarding lewd conduct which is hard to define. He emphasized regulations which states what employees/patrons, can and cannot do. An important area is keeping a running list of employees addresses and information which assists in investigation of drug traffic, etc. Under the regulations for dancing he noted that a person would be in violation to accept tips (employee) or offer tips (patron) under Section 12. Approval of the ordinance will repeal present ordinance. Ms. McCluskey requested changes as follows; Pg. 3C - $12.00 pro-rated; "e" - 30 days; "f" - June 30th, and Section 8C - $25.00, pro-rated. Mr. Bert Gegner stated he feels that this ordinance is very restrictive and unfair. Mr. Roy McInnis, 2711 Maple, encouraged passage. Councilman Sturdivant reminded Council that some exotic dancing could be misconstrued as lewd. M/S/C/U/(Mosely/Adrian) to approve Ordinance (first reading), as amended, regulating erotic dance studios where liquor is not sold. · M/S/C/U/(Sturdivant/Drouin) to approve Ordinance (first TAPE #210 #0000 UNAPPROVED DRAFT reading) prohibiting nudity in places where liquor is sold or consumed. Meeting adjourned at 8:18 p.m. KATHLEEN L. MCCLUSKEY, City Clerk City of Bremerton APPROVED: ART ANDERSON, President City Council KLM:AA/cjs cc: Normal Distribution File/Vault