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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 TAPE #248 City Council Reg. Mtg. Minutes May 29, 1985 Page 2 of 5 ~NAPPROVED DRAFT $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 TAPE #248 & #249 City Council Reg. Mtg. Minutes May 29, 1985 Page 3 of 5 0NAPPROVED DRAFT #2598 · #2903 · TAPE #249 '#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 TAPE #249 City Council Reg. Mtg. Minutes May 29, 1985 Page 4 of 5 JNAPPROVED DRAFT #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. TAPE #249 City Council Reg. Mtg. Minutes May 29, 1985 Page 5 of 5 ~JNAPPROVED DRAFT #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 KLM:AA/cjs cc: Normal Distribution File/Vault