HomeMy WebLinkAbout05/29/85TAPE #248 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
May 29, 1985
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, May 29, 1985,
at 5:30 p.m. with Council President Art Anderson presiding.
Present were Councilmen E.L.Sturdivant, Bill Amo, Russ
Johnson, Roy Mosely, Clyde Pachek, Jim Adrian, Spencer
Horning and Phil Drouin. 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 with Councilman Phil Drouin
giving the invocation.
CONSENT AGENDA
Item #A - Minutes of May 22, 1985, #AB85-'238; Item #B - Bid
Award Recommendation Ductile Iron Pipe, #AB85-239, and Item
#C - Bid Award Recommendation for Minor Forest. Products
Lease - Cessna Hill Firewood, #AB85-240.
#0046 · M/S/C/U/(Adrian/Pachek) to approve Consent Agenda items #A -
#C, as presented.
Item #E - Change Order No. 13 to Contra~t C-4, #AB85-242;
This Change Order documents the settlement of claims made by
teh contractor and determined to be valid by the Claims
Review Team. The various amounts are the result of
extensive review and negotiations with the contractor, and
represent a fair and equitable settlement for the City and
the Contractor. Mr. Baker, Project Coordinator, noted that
this was at a savings of approximately $196,000.00 or (7.3%)
less than originally bid by the Contractor.
#0123 · M/S/C/U/(Drouin/Adrian) to approve Change Order #13 to
Contract C-4, Wastewater Facilities Construction Project.
Item #D - Acceptance of Contract C-4, Crosstown Pipeline,
Crosstown Water Pipeline, #AB85-241. All work has been
completed and found to be in conformance with the Contract
Documents. Final payment can be made to Coluccio
Construction, thirty (30) days after Council accepts the
Contract, and Washington State Department of Revenue
certifies that no taxes or penalties are due.
#0151 · M/S/C/U/(Pachek/Amo) to approve acceptance of Contract C-4,
Crosstown Pipeline, Crosstown water pipeline for Wastewater
Facilities Construction Project.
CLAIMS/WARRANTS REGISTER
Vouchers audited and certified by the auditing officer as
required by RCW 42.24.080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing which has been made available to the
Council.
#0178 · M/S/C/U/(Drouin/Sturdivant) as of May 29, 1985, the Council,
by a unanimous vote, does approve for payment those vouchers
included in the Wastewater Warrants list, on file in the
City Clerk's office, in the total amount of $719,896.23.
#0190 · M/S/C/U/(Drouin/Horning) as of May 29, 1985, the Council, by
a unanimous vote, does approve for .payment those vouchers
included in the above list and further described as follows:
voucher numbers #11975 - #12137, in the total amount of
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City Council Reg. Mtg. Minutes
May 29, 1985
Page 2 of 5
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$283,650.43, and voucher numbers #11969 in the total amount
of $369.35.
MAYOR'S REPORT
Proclamation #1 designates June 1, 1985, to be "Scout-O-Rama
Day" with Mayor Dawkins presenting the Proclamation to Mr.
Duane Brown, Scoutmaster who detail upcoming events
recognizing the National Boy Scout movement.
Proclamation #2 designates June 2 - 8, 1985, as "Management
Week" without someone present to accept.
The Mayor stated that the elevator is on schedule to be in
service mid-June. He noted that he was unable to report on
the Block Grant program but planned to present at next
meeting. Councilman Horning noted the new "roof leak",
behind staff, in the Council Chambers.
PUBLIC RECOGNITION
Council President called for Public Recognition with no one
coming forward.
COUNCIL MEMBERS REPORTS
Councilman Drouin reported on the Wastewater"Facilities
committee meeting, May 23, 1985, report on file in the City
Clerk's office. He stated the committee is presently
working on 1986 Navy user fees with any questions from
Council to be address to Don Proctor, Wastewater
Superintendent. On May 22, 1985, sewage began to flow to
the new secondary treatment facility. After two weeks, the
Department of Ecology must approve flow before the old plant
will be shut down. Pump Station #4 is schedule to activate
in early July. Early September should be the formal
dedication of the new Wastewater Facility.
REQUEST TO HOLD HYDROPLANE RACE - KITSAP.LAKE, #AB85-243
Ms. McCluskey noted the Ordinance Councilmen received at
pre-Council session and explained the necessity of the
revised ordinance in order to act on the request to hold the
Hydroplane Race. She stated that the present Ordinance has
been violated in the past, even though the race has been
held, and in order to consider the request the revision is
necessary. She noted that Council received, under separate
cover, a memo from Assistant City Attorney Killian. Mr.
Broughton reviewed the Ordinance.
Councilman Amo asked if this ordinance was advertised with
Ms. McCluskey stating that ordinances are not advertised.
City Attorney noted that the Ordinance revision and Request
to hold the race will have to be acted upon as two separate
issues. Councilman Amo felt the Kitsap Lake residents
should be notified. Councilman Anderson did not concur,
stating that the Lake itself is city with city liability,
not resident liability should an accident occur.
Ms. Donna Malhoit, APBA member and proponent for the
request, noted the American Power Boat Association has held
races annually for several years. Her first letter
requesting the event was submitted in February and noted she
has worked with the Risk Manager and other City staff trying
to get request approved. She spoke for the Seattle Outboard
Association, who sponsors the event, that 2 Paramedics units
and 2 Police Officers, on duty, is cost prohibitive for her
organization. She emphasized the revenue lost if not
approved stating over 125 racers and families will utilize
services such as motels, restaurants, etc. She said the SOA
has received approval from other cities such as Everett and
Shelton and they waive code restrictions specifically for
the race. Councilman Anderson asked if racers have any
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May 29, 1985
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#2598 ·
#2903 ·
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'#0021 ·
credentials with Ms. Malhoit stating they are carded.
sports number one concern is safety.
This
Mr. Bert Gegner, 934 Washington opposed revising an
ordinance .for one request. Mr. Jim Strait, Kitsap Lake
Neighborhood President, expressed concerns of the residents
to include, noise, testing prior to racing, need to limit
hours of disturbance, disturbance to sports fishermen using
Lake at same time, restricting size and motor of boats on
Lake and the recent Kitsap Lake study which noted the
stirring of weeds, silt and mud from the Lake's bottom. He
felt $100,000 damage to Lake would not be offset by the
profit margin to businesses in the community. Mr. Sidney
Bass, APBA member, stated his father owns property on the
Lake and in 1970 he petitioned the residents with only two
people who would not sign the petition. He felt all water
sports should benefit and remain public. Ms. Malhoit added
that the request has approval of the Shipyard Commanding
Officer (part of the Lake is Military control). She stated
that Silverdale District #1 has previously provided
Paramedic/ambulance support. Councilman Adrian asked City
.Attorney Broughton to explain the 2 Paramedic Unit/2 Police
Officer theory which would tie up both City Paramedic Units.
Mr. Broughton explained that the request was sent to Fire
and Police departments with their recommendations included
into the revised ordinance document. He suggested asking
either or both to attend Council next week to address
Council's concerns. He thought the Fire Chief meant two
paramedics, not units with Councilman Adrian suggesting the
verbiage be changed to read: acceptable paramedic units.
Councilman Mosely suggested holding races off Lebo-Dock as
has been done in the past with Ms. Malhoit stating the
boats, proposed to race at Kitsap Lake are not adapted to
salt water. Responding to Mr. Strait's concern to limit
hours is addressed on pg. #2, Sec. D, Sub Sec. 9.
Councilman Sturdivant thought time limits should be imposed
on both the start and finish of the race. Discussion
continued with Council members sharing similar concerns.
M/S/(Johnson/Pachek) to approve ordinance (first reading)
amending Ordinance No. 2804 which regulates watercraft on'
Kitsap Lake to allow closure of said lake and/or approval of
regattas, races, or aquatic events, as written with the
exception of Section "D"; (1) add after Certificate of
Insurance #D-11 - $1,000 refundable Performance Bond,
returnable.if APBA is in compliance during the event; (2)
Pg. 4, Sec "G" - Parks responsible for posting the closure
of Kitsap Lake, at least 30 days prior to the event.
M/A/(Adrian/Horning) to change verbiage Pg. 3, (F)2: "the
extent of paramedrc service shall be determined by the Fire
Chief".
VOTE: In Favor;
Opposed;
Abstain;
Motion PASSED
Sturdivant, Horning, Pachek, Mosely,
Anderson, Amo & Adrian
Johnson
Drouin
M/A/(Horning/Adrian) to strike verbiage, Pg. 4, Sec. "G",
Sub-Section 3, "provided, however, that for hydroplane races
at least two (2) on the scene police officers shall be
provided by the Bremerton Police Department to be paid for
by the applicant at a cost determined by the Police Chief".
City Attorney Broughton said he is not aware of any
commitment from Sheriff Jones. Councilman Mosely suggested
Police patrol could ride crash boats provided by the event
sponsors.
VOTE: In favor; Sturdivant, Horning, Pachek, Anderson,
Mosely & Adrian
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May 29, 1985
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#0234
Opposed;
Abstain;
Motion PASSED
Drouin & Johnson
Amo
VOTE: (Original Motion)
In favor; Sturdivant, Horning, Pachek, Anderson,
Mosely, Adrian & Johnson
Opposed; Drouin
Abstain; Amo
Original Motion PASSED
M/S/C/(Adrian/Horning) to approve request by the American
Power Boat Association to hold a Hydroplane Race on Kitsap
Lake during July, subject to the revised ordinance, as
amended.
VOTE: In favor; Sturdivant, Horning, Pachek, Anderson,
Mosely & Adrian
Opposed; Drouin
Abstain; Amo
Motion PASSED
HEARING - REQUEST FOR REZONE FROM R-1 TO B-2,
K.R.S.ENTERPRISES, W.SIDE MARINE DRIVE, NO. OF FAMILIAN
NORTHWEST, NO. OF KITSAP WAY, #AB85-244
Council President Anderson asked the Conflict of Interest
question with Councilman Horning stepping down for
"appearance of fairness".
Mr. Bob Duffy, Planner, gave a short presentation, including
slides of Resolution #745, approved by the Planning
Commission 5 to 2. K.R.S.Enterprises had requested a rezone
from R-1 to B-2 for the subject site, however approved by
the Planning Commission was redesignation to B-1.
Developers stated the owner wanted the option to construct a
two story office medical/dental facility,. which would
improve the existing land, but the contractor did not want
to be limited to med/dental but incorporate professional
offices as a option in the Plans. Riley Evans, Engineer with
Tritec, outlined developer's plans to include (1) connecting
to Sewer (800') at Kitsap Way; (2) Retention system; (3) 2
separate accesses, North and South from E.; (4) removal of
existing structures; (5) planting screening East, North and
South sides;(6) incorporating 32 parking stalls, and (7)
utilization of a full-day light basement area as office
space.
Mr. Harry Gundlach, Resident lower Marine Drive, opposed the
proposed rezone for office space/clinic structure mainly
because of storm drain problems, causing excess rain waters,
etc. to flow down over his property which is presently
residential lots. He also objected to luminous lighting
which will affect his present residence. He was assured by
the developer that, although storm sewer has been a problem
for years, planned installation includes a system superior
tO what now occupies the property. He als0 stated the
lights are the low vapor which should not be a problem.
Mr. Robert Sharp, owner of two parcels directly East of
subject rezone was supporting of the development. He
thought it would be a vast improvement to the present
structure and that the Business area ends at the Y to Rocky
Point Road and will not affect residential North on either
Rocky Point or Marine Drive.
In Response to Mr. Drouin's statement, Mr. Evans stated that
developer will pay the cost of hooking up ~o the City sewer
system.
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City Council Reg. Mtg. Minutes
May 29, 1985
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#1623
#2175
#2212
#2456
· M/S/C/(Pachek/Anderson) to approve the original request of
Rezone from R-1 to B-2, KRS Enterprises, North of Kitsap Way
West side Marine Drive and North of Familian Northwest to
include a concommitant agreement.
VOTE: In favor; Sturdivant, Pachek, Anderson, Drouin,
Adrian & Johnson
Opposed; Mosely & Amo
Motion PASSED
Councilman Horning returned to the meeting.
ORDINANCE #3962 (SECOND READING) REPEALING ORD. #1651 &
#3125 RELATING TO THE POSITION OF CITY AUDITOR, #AB85-235
This brings the Bremerton Municipal Code, through ordinance,
in line with the Bremerton City Charter. The Municipal Code
has the Auditor reporting to the City Clerk and the Charter
establishes the Audit Committee and other functions.
Without the change it creates confusion and conflict of
interest between City Charter and Bremerton Municipal Code.
· M/S/C/U/(Johnson/Horning) to pass Ordinance #3962 (first
reading) repealing Ordinances No. 1651 and Ordinance No.
3125 relating to the position of City Auditor. ..
ORDINANCE #3963 (SECOND READING) SEATTLE REALTY PRE-
ANNEXATION ZONING, #AB85-236
On January 23, 1985, the City Council approved a pre-
annexation zoning of the subject site, to be effective upon
annexation. Before such zoning action is legally in effect,
it must be passed in Ordinance form. Note: Zoning to be
effective only upon annexation.
· M/S/C/U/(Horning/Pachek) to pass Ordinance #3963 assigning a
City zoning classification to unincorporated property,
generally described as the Sauer and Hanberg property, which
the City of Bremerton proposes to annex. Upon the date of
annexation, this ordinance shall become effective and this
property shall be assigned the Manufacturing District zoning
classification. Approval includes the necessary
Concommitant Agreement.
ORDINANCE #3964,(SECOND READING) SETTING FORTH LEGISLATIVE &
ADMINISTRATIVE CONTROLS ON THE ANNUAL BUDGET OF THE CITY OF
BREMERTON, #AB85-237
Currently, there exists no specific local policy which
identifies administrative and legislative controls on the
expenditure of funds appropriated in the annual adopted
budget. Therefore, the laws of the State of Washington
(which provide broad administrative flexibility) are the
only existing operational guidelines available to the Mayor
and departmental administrators. In addition, there
currently exists no formal approval procedure or policy to
provide for budget adjustments necessary to insure that the
budget can be transformed from a planning document to an
operations tool. This proposed ordinance is submitted for
approval to fill these major gaps in a fashion which would
provide the City's administrators flexibility to carry out
policies adopted by the City Council and insure the conduct
of all City operations in compliance with legislative
intent. The draft policies and procedures will serve as. the
implementation orders for the proposed ordinance.
· M/S/C/U/(Johnson/Sturdivant) to approve Ordinance #3964,
setting forth legislative and AdminiStrative controls on the
annual budget of the City of Bremerton with the following
change; amending Sec. 4, page 2, from "$5,000" to "$2,000".
With no further business, meeting adjourned at 8:40 p.m.
TAPE
JNAPPROVED DRAFT
KATHLEEN L. MCCLUSKEY, City Cl~k
City of Bremerton
APPROVED:
ART ANDERSON, President
City Council
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