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HomeMy WebLinkAbout04/17/85TAPE #234 Unapproved Minutes CITY COUNCIL MEETING MINUTES April 17, 1985 #0031 #0135 #0144 The regular meeting of 'the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wed.., Ap~i!, 17, 1985 at 5:30 p.m. with Council President A. Anderson presiding. Also pre- sent were Councilmen E. L. Sturdivant, S. Horning, C. Pachek, R. Mosely, P. Drouin, B. Amo and J. Adrian, Mayor M. Dawkins, Asst. City Attorney, M. Killian and Admin. Services Director/ City Clerk K. McCluskey. Councilman Russell Johnson was not present. The meeting opened with the Pledge of Allegiance, invocation was led by Councilman J. Adrian. and the Mr. Anderson stated item 8C under New Business was removed from the agenda, and two items were added. AB85-182 and AB85-18!. CONSENT AGENDA Mr. Anderson stated items B and C under the Consent Agenda would be acted on separately. A. Minutes of April 10, 1985. AB85-172 Motion by R. Mosely and J. Adrian tb' a~rove the minutes of April 10, 1985 as presented, carried unanimously. B. Change Order No. 12 to Contract C-4 WWFCP. AB85-173 Dave Baker, Project Manager, explained this change order is to compensate the contractor for repair of 4 inch diameter side sewer, delay to the contractor due to buried logs which in'terfered with tunneling operations, and changes in grade for the crosstown pipeline, which resulted in encountering tidal water in the tunnel, and removing and replacing 40+ lineal feet of 18 inch storm sewer which interfered with [onstruction of the crosstown pipeline. The change order is in the amount of $24,793.10. C. Change Order No. 5 to Contract C-13 WWFCP. AB85-174 Mr. Baker explained this change order directs the contractor to return $750.00 to the City for costs incurred due to the contractor not completing on schedule. Motion by P. Drouin and C. Pachek to approve Change Order No. 12 to Contract C-4 and Change Order No. 5 to Contract C-13~ carried unanimously. WARRANT REGISTER AB85-175 Warrants #10967 through ~11108 inclusive and warrants #10959 through #10961 inclusive, audited and certified by Darlene Herrmann, as required by RCW 42.24.090, have been recorded on listings which have been made available to the Council. Motion by P. Drouin and R. Mosely as of this date the Council does approve for payment warrants #10966 through #11108 in- clusive in the amount of $86,410.76, and warrants #10959 through #10961 inclusive in the amount of $12,298.53, carried unanimously. MAYOR'S REPORT Mayor's Proclamation proclaiming April 19th - 21st, 1985 as Rust Bust '85 Fun in the Showers, was presented to Lexie Duea of the Visitor's and Convention Bureau. Mayor's Proclamation proclaiming April 21 - 27, 1985 as National Coin Week, was presented to Lee Tennison. Mayor's Proclamation proclaiming April 19, 1985 as Alcohol Awareness Day, was presented to Mr. and Mrs. Miller of AGAPE. Mayor's Proclamation proclaiming April 21 - 27, 1985 as The Fifth Annual Organ Donation Week, was presented to Darlene Halloran of Kitsap Medical Auxiliary. #0955 #1181 #1223 #1762 #2085 CITY COUNCIL MEETING MINUTES April 17, 1985 Page -2- MAYOR'S REPORT contd Mayor Dawkins stated the signs for the Ship's Museum located in the Ferry Terminal are being installed. In response to an inquiry from Mr. Amo, the Mayor stated the meeting regarding Roosevelt Field will be held within the next 10 days. PUBLIC RECOGNITION Jim Lamb, member Lions Club and Main Street Assoc., voiced support of Organ Donation Week. Mr. Lamb discussed Spring Cleanup Week, April 20 - 27, and stated Pat Tucker, Chico Towing has volunteered his services to remove vehicles from streets, Gold Mt. Men's Club will cleanup the Golf Course, and Boy Scouts and PTA members will plant 600 trees donated by DOE. Jose Rosado, Emanual Apostolic Church, requested Council consideration to appoint a full-time Affirmative Action Officer for the City. COUNCIL REPORTS Po Drouin, stated the bi-monthly Wastewater Committee meeting will be held Thursday.at 9:30 a.m. in Council study area; the public is invited. REHAB LOAN PROGRAM COMMERCIAL FACADE LOANS AB85-165 Don Pratt, Planning ~irector, stated there 'is $440,000 avail- able in the Rehab Loan Program, and briefly discussed proposed budgetary allocations from all previously allocated loan pro- gram funds for facad improvements. Pete Flynn, Chairman Main Street Assoc., Rich McDonald, Bremerton Inc., and Lexie Duea, Visitor & Convention Bureau, spoke in support of the Rehab Loan Program Commercial Facade Loans, and urged passage by Council. Motion by P. Drouin and S. Horning to adopt The Bremerton Neighborhood Rehabilitation Program Commercial Rehabilitation Loans, carried unanimously. AUTHORIZATION FOR ENGINEERING SERVICES BID DOCUMENTS PREPARA- TION FOR PRIVATE SLUDGE REUSE/DISPOSAL SERVICES AB85-176 Dave Baker requested Council approval to execute th~ letter of authorization to CH2M Hill for preparation of bid documents. He stated the estimated budget for this task is $5,000. Printing of documents was not included in the estimate. Mr. Amo spoke in opposition, and felt this could be disastrous to the citizens. Mr. Mosely inquired if there are figures avail- able on the cost of this type operation, and suggested con- tacting Yakima and other cities. Mr. Sturdivant discussed the $5,000 figure for solicitation of documents, and questioned why printing was not included. He indicated the City has the capability of reproducing the documents. Motion by P. Drouin and R. Mosely to approve execution of the letter of authorization, carried as follows: 7 affirmative, 1 opposed (B. Amo). RESOLUTION #2063 - EMERGENCY REPAIR TO SANITARY SEWER ON HIGH AVENUE AB85-182 D. Baker sta'ted the sanitary sewer at High & 8'th' Streets has suffered a collapse in the main serving the 700 & 800 blocks of High. The condition revealed during PSG's excavation, it that the main has significantly deteriorated. The line is currently nonfunctional and service is being maintained temporarily by pumping wastewater around the damaqed area. Mr. Baker re- quested Council authorize expenditure from Fund 404 in an amount not to exceed $50,000 to replace approximately 450 L.F. of 8 inch sewer main, and authorize staff to negotiate a contract to perform this work. Motion by C. Pachek and J. Adrian to pass Resolution #2063 and authorize expenditure from Fund 404 not to exceed $50,000, carried unanimously. Mr. Adrian requested a report from staff on actua3 cost. ~2289 #2350 #2438 #2520 #2549 #2933 CITY COUNCIL MEETING MINUTES April 17, 1985 Page -3- PUGET POWER REQUEST TO ATTACH AREA LIGHT & INSULATION TO CITY GARAGE AB85-178 Puget Power proposes removing two poles and attaching an area light and insulation to hold the service line for the light to the garage wall, in an effort to improve access to the alley between 4th & 5th streets, at no cost to the City. Motion by P. Drouin and R. Mosely to approve Puget Power's re- quest to affix light and insulation to City garage contingent upon review and approval of details of attachments by the City Engineer and Building Official, carried unanimously. RESOLUTION #2065 - AUDITOR AUTHORITY TO DEMAND AND RECEIVE RECORDS, FILES, ACCOUNT BALANCES, ETC. AS PROVIDED AB85-181 Motion by J. Adrian and S. Horning to pass Resol~tibn ~2065, carried unanimously. ORDINANCE #3958 - REGULATING TOPLESS DANCING IN ESTABLISHMENTS WHERE LIQUOR IS NOT SOLD AB85-171 Ms McCluskey stated the changes requested at the time of first reading have been incorporated into the Ordinance. Motion by P. Drouin and J. Adrian to pass on second reading "AN ORDINANCE Regulating erotic dance studios where liquor is not sold", carried unanimously. ORDINANCE #3957 - REGULATING TOPLESS DANCING IN LIQUOR ESTABLISHMENTS AB85-180 ~otion by S. Horning and'C. Pachek to p~ss 0n ~eb0nd reading "AN ORDINANCE Prohibiting nudity in places where liquor is sold or consumed", carried unanimously. Recess from 6:45 until 7:05 p.m. at this time. Mr. Adrian left the meeting HEARING - ZONING TEXT AMENDMENT AB85-179 Bob Duffy, Planning Department, proposed an amendment to the Zoning Ordinance which would allow police, fire and aid stations in all zones including R-1. He stated it is similar to an amendmen~ recommended by the Planning Commission in December, 1984, however, it is more restrictive in that other types of government offices are not included. No City departments have any problem with this proposed Ordinance, and the proposal was included in the SEPA review of the previous proposal. The offices permitted by the proposed ordinance would serve resi- dential and other needs. Special use permit requirements would provide an opportunity for adequate review and conditioning of individual proposals to ensure that the proposed facilities will not be unduly detrimental to the surrounding neighborhood. There are no identified or anticipated adverse environmental impacts and the proposed amendment is generally consistent with Bremerton Area Plan Policies. Mr. Anderson spoke in opposition to the Zoning Text Amendment, indicating he could foresee a time when one of these offices might be located in an area in opposition to the residents. Motion by S. Horning and R. Mosely to approve the Zoning Test Amendment and Ordinance on first reading "AN ORDINANCE of the City of Bremerton, Washington, amending Ord. #1792, the City of Bremerton Zoning Ord, by adding a new subsection 307.1 relating to permitting by Special Use Permit Public Safety Facilities, carried as follows: ~ affirmative, 1 opposed (A. Anderson). HEARING - APPEAL/ADMINISTRATIVE DECISION (OVERSON) AB85-162 This hearing has be~n continued from April 3, 1985 to give the proponent, Mr. Lon Overson, an opportunity to present documen- tation. Mr. Horning indicated he had been part of a prior brief- ing session but did not feel he had a conflict and would sit for the hearing. Mr. Amo left the meeting at this time. Mr. Anderson asked the standard conflict of interest question with all Councilmen present remaining seated. Ms McCluskey stated Messrs. Adrian and Amo were not present for this hearing. Mr. Duffy indicated copies were available in the rear of the Chambers. Mr. Horning indicated he had been part of a prior briefing session but did not fee~ he had a conflict and would sit for the hearing. Tape #235 Tape #236 CITY COUNCIL MEETING MINUTES April 17, 1985 Page -4- HEARING - APPEAL/ADMINISTRATIVE DECISION (OVERSON)contd Paul Scheyer spoke on behalf of Mr. ~ersoh' ah~'b~h~d a packet of documentation which is on file in the Planning Dept. Proponent, Lon Overson, discussed the previous decision by the Planning Director that the building was destroyed, and stated it has now been determined the building is repairable. Mr. Scheyer stated the building in question is an accessory use building, and his interpretation of the Zoning Ordinance is that an accessory use building does not require a rear yard setback. George Allen and Gordon Holmes spoke in support of the proponent, and felt the owner should be given the opportunity to repair the building. Ms Killian stated she reviewed the packet of material after the last hearing and discussed the City Attorney's legal sources. She felt the issue before Council is an interpretation of the Zoning Ordinance. She explained that in 1942 when the Zoning Ordinance was approved, there were non-conforming use buildings in existence which were grandfathered in. However, in Secs. 900 and 904, it stipulates that if a non-conforming use structure is not in use for one year, or if not in use for one year due to fire, the owner loses the privilege of a non-conforming use. She also stated, that had the structure been repaired within the one year period, 'the building would have had to meet the Zoning Ordinance requirement of a 15 foot setback. She discussed an accessory use building as subordinate use or building custom- airly incidental to and located upon the same lot occupied by the main use or building. She gave examples of incidental uses, and questioned whether or not a dwelling to the rear of a dwelling is a subordinate or incidental use. Bob Duffy stated staff supports the decision that the building cannot be used as a dwelling, and the Planning Commission determined the Planning Director's decision should be upheld. Mr. Duffy stated the building sustained a fire and was not rebuilt within one year, and urged Council to support the recommendation of the Planning Commission and City Attorney's office to deny the appeal. Mr. Scheyer felt the issue is not a 1.5 foot setback, but use of the building. Mr. Overson discussed R-2 zoning and stated rentals are apporved in R-2 zones. He felt City officials have misinter- pretated the Zoning Ordinance. Ms Killian felt Council must decide if the building is a non-con- forming use. If not, it is in violation of the 15 foot setback and the building has been illegal. Discussion followed regarding interpretation of non-conforming use. Mr. Sturdivant expressed opinion that Council must make a decision based on the Zoning Ordinance, and agreed with Ms Killian's interpretation. Mr. Mosely inquired if any building that did not conform in 1942 and was grandfathered in and burned, must meet the Zoning Ordinance of the 15 foot setback to be rebuilt? Ms Ki!lian answered in the affirmative. Motion by E. Sturdivant and P. Drouin that the decision of the P~anning Director dated November 15, 19~4, as se~ forth by letter to Mr. Paul Scheyer concerning an administrative decision for property located at 620 Highland Avenue, Bremerton, WA is hereby Sustained. The reasons supporting this motion are those reasons as set forth by the Advisory ReDort and the preponderance of oral and written testimony which are here by adopted by reference and Section 900 of the Zoning Ordinance. Mr. Mosely expressed opinion that Section 904 should be included in the motion. Motion to Amend by R. Mosely to include Section 904 as reason for denial of appeal, seconded by P. Drouin. CITY COUNCIL MEETING MINUTES April 17, 1985 Page -5- HEARING - APPEAL/ADMINISTRATIVE DECISION (OVERSON) contd Question called on the amended motion, failed as follows: 3 affirmative, (Drouin, Mosely, Pachek); 3 opposed (Anderson, Horning, Sturdivant). Question called on the main motion, carried unanimously. Meeting adjourned at 9:00 p.m. KATHLEEN L. McCLUSKEY, Direc~'0r Administrative Services/City Clerk APPROVED: ART ANDERSON, Council President