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HomeMy WebLinkAbout07/31/85TAPE #270 UNAPPROVED DRAFT #0059 #0101 #0135 #0167 CITY COUNCIL MEETING MINUTES July 31, 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, July 31, 1985, at 4:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Roy Mosely, Bill Amo, Phil Drouin, Spencer Horning and Jim Adrian. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and Deputy City Clerk Gil Johnson. Absent were Russ Johnson and Clyde Pachek. The meeting was opened with the Pledge of Allegiance, led by Council President Art Anderson and Councilman Phil Drouin gave the invocation. CONSENT AGENDA Item #A - Minutes of July 24, 1985, #AB85-331; Item #C - Bid Award Recommendation - Submersible Turbine Pump Pistol' Range Well, #AB85-333 and #D - Allocation of Funds for Change Order #2 - City Hall Elevator, #AB85-334. · M/S/C/U/(Adrian/Sturdivant) to approve Agenda Items #A , #C, and #D. Item #B - Business Accounts - Replacement Signature Card, #AB85-332; The Advance Travel Account previously had 2 authorized signers, Darlene Herrmann and Kathy McCluskey. This form adds a third authorized signer, Cathy Johnson, Assistant City Treasurer and Supervisor of this function. Discussion followed with suggestion to add Kitsap County Bank on Water Fund Consumer accounts. · M/S/C/U/(Sturdivant/Mosely) to approve Replacement Signature card with three designated signers (above) for Advance Travel Expense Account and Water Fund Consumer Deposit. Item #E - Acceptance of Contract C-6, Beach Pipelines and Narrows Crossing #AB85-335. 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. Mr. Dave Baker Project Engineer stated this brings the contract to less than 5%. · M/S/C/U/(Drouin/Mosely) to approve acceptance of Contract C-6, Beach Pipelines and Narrows Crossing. Item #F - Acceptance of Contract C-10, Pump Station CW-4 and Overflows 10A, 11 and 12, #AB85-336. All work has been completed and found to be in conformance with the Contract Documents. Final payment can be made to Shelton Plumbing thirty (30) days after Council accepts the contract, and Washington State Department of Revenue certifies that no taxes or penalties are due. Mr. Baker stated that this contract increased approximately +7%, which is still well below the estimate of 10%. M/S/C/U/(Drouin/Amo) to approve Acceptance of Contract C-10, Pump Station CW-4 and Overflows 10A, 11 ~nd 12. CLAIMS/WARRANT REGISTERS 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 TAPE #270. City C~ ll Reg. Mtg. Minutes July 31, 1985 Page 2 of 7 UNAPPROVED DRAFT #0178 ~0191 recorded on a listing which has been made available to the Council. M/S/C/U/(Drouin/Sturdivant) on July 31, 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 #13490 - #13683, in the total amount of $138,380.95 · M/S/C/U/(Drouin/Sturdivant) on July 31, 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 #13484 & #13684, in the total amount of $3,527.66. MAYOR'S REPORT Mayor Dawkins reported that the State will be responsible for repairs on the Ferry Terminal. He said he attended a meeting of the Planning Commission regarding the replacement of 5 portable Classrooms at Liberty School. He stated that the Bayview Inn has applied for 2 permits to comply with the Life Safety Codes, do necessary roof repairs and secure the building to the site. Councilman Amo asked if he had been able to resolve the complaint of previous meetings regarding misplacement of a dumpster at the State Street Navy Yard Gate. Mr. Dawkins said he has not been able to meet with Mr. Lindgren, owner of Brem-Air but will follow-up on his request. ATTORNEY'S REPORT City Attorney Bill Broughton reported, per Council request, that the expenses to date in the Christensen Case have reached approximately $13,000.00 to the City. The Civil Service Hearing is schedule to last another two weeks when he will update expenses incurred. He noted that he will be at the Kitsap County Bar Association Seminar tomorrow in Poulsbo and in Federal District Court this week on the Shoemaker vs the City lawsuit. He stated several ordinances are being prepared and will come before Council soon to include an Ordinance which will define the Definition of Administrative Heads and confirmation of authority. Also his office is revising the Management Ordinance which will bracket salaries. Another ordinance, Right-of-Way Permitting System, is modeled after Seattle's draft which has pleased -their city officials and is a good piece of Legislation. This will govern hot dog stands, signs placement, etc. PUBLIC RECOGNITION - None Mr. William Jones, Puget Sound Naval Shipyard/Recreation Association, requested Council approving a "Biathelon" which was postponed until September 29, 1985, because of ordinance restrictions. He is asking that the City waive the $150.00 fee and the Insurance compliance because the Navy is fully responsible for the event and carries maximum coverages. Councilman Adrian thought Mr. Jones should be coordinating with the Mayor's office who is responsible to see that Staff processes the necessary paperwork. He asked what the fee is for with City Attorney Broughton stating the charge is to off-set Staff time. Ms. Jeanne Jackson, Disability Representative noted receiving a letter from a wheelchair patient who complimented the City on installation of the elevator. She stated she had a complaint from a citizen regarding vehicles parking on the sidewalk at the corner of llth & Callow. She #0998 TAPE #270 City Council Reg. Mtg. Minutes July 31, 1985 Page 3 of 7 UNAPPROVED DRAFT noted that MondaY' a Quad needed to appear in Municipal Court and without chair lifts, it was difficult without the aid of Staff and family to transport him, even though the elevator is in place. She asked when this will be addressed. City Attorney Broughton stated the City is working on an alternative solution that could include scheduling/holding hearings, involving handicapped, in a handicapped accessible location if the City has advanced notice of a problem. COUNCIL MEMBER REPORTS Councilman Sturdivant, reported the Municipal Golf Course has receipted $226,000 through July 28, 1985, and there has been 31,000 players for an average of 200 per day in 1985. He stated receipts are up $50,000 over the same period in 1984. Councilman Mosely, reported he just returned from Reno, Nevada, and that they have a new Wastewater facility the size of Bremerton's, serving a population of 400,000. They are experiencing slack construction therefore the citizens of Bremerton can be pleased that our new facility has much room for expansion/population growth and we are experiencing continued new construction. Councilman Drouin, stated he attended the Puget Sound Conference on Governments but deferred report to Councilman Anderson. He noted items #3 and 11 in the Wastewater report and stated that any complaints on sewage odor should be forwarded to him for follow-up. He disagreed with Ms. Jackson that vehicles are parking on the corner of llth & Callow which is in his district, stating it was impossible because of four-laned traffic North, South, East and West. Councilman Anderson, reported on the PSCOG meeting stating that the Department of Ecology is trying to void the City's water rights. A Resolution has been prepared which is endorsed by City/County officials throughout Kitsap County hoping to have some impact when the hearings resume. All County officials are united in this opposition and the Resolution will be submitted on Friday. REQUEST FOR DISPOSAL OF BROWNSVILLE WELL, #AB85-337 Pulled from the Agenda at Study Session. REQUEST & AGREEMENT FOR WORK BY COUNTY ROAD DEPARTMENT, ~AB85-338 The request and Agreement for work by the County Road department will specify that the County will provide misc. sign materials and services as required, including blanks, letters, paint and pavement striping. If Council does not approve this Agreement, the Street department asked that Council approves the purchase/or rent of a striping machine and a quantity of larger letters. Since the County has the equipment and letters, it can perform our striping requirements for a cost much less than if the City were to purchase or rent a large striping machine. City Attorney Broughton stated he and the Risk Manager were concerned with the "hold harmless" clause and that it should include verbiage as follows; "provided they (County) will be responsible for own negligence. · M/S/C/U/(Adrian/Amo) to approve a request and Agreement, between the City and the County, for work by the County Road department subject to the recommendation of City Attorney Broughton to include verbiage "provided the County will be responsible for own negligence". TAPE #270 City Council Reg. Mtg. Minutes July 31, 1985 Page 4 of 7 UNAPPROVED DRAFT ~1701 · ORDINANCE (1ST READING) ESTABLISHING HANDICAPPED ACTION COMMITTEE, #AB85-339 Future Revenue Sharing Funds are dependent upon the City of Bremerton's compliance with Section #504 of the Rehabilitation Act of 1973 which prohibits discrimination against handicapped individuals or denies handicapped individuals benefits or services of any program or activity receiving Federal funds. The functions of the Handicapped Action Committee is to monitor recipients of Federal funds, prepare a Transition Plan and recommend non-structural modifications which will bring the City into compliance with Section #504. Ms. Judith Katsirubas, City Auditor, spoke of the City's responsibility to give "reasonable access to activites" as a part of the Revenue Sharing guidelines and must comply by October 1986. It does state that programs may be relocated but at present, the City is not in compliance. Councilman Adrian expressed concern that this is a duplication of efforts the City's AA/EEO Officer is responsible for and is not necessary. City Attorney Broughton did not agree. Ms. Margery Holsather, Affirmative Action Officer, noted that this gives an individual an option when filing a complaint. Councilman Adrian thought the verbiage "Quasi-judicial" makes this committee's actions binding. Both Ms. Katsirubas and City Attorney Broughton disagreed, stating that the committee may only recommend action but cannot override the City Council or Mayor's actions. Councilman Sturdivant asked why the Auditor was part of the committee until March of 1986 (non-voting) with Ms. Katsirubas stating the intent is for the coordination to get the committee started. She had no objections to striking this sentence. M/A/S/C/(Sturdivant/Adrian) to approve ordinance, first reading as amended, establishing an Action Committee to hear grievances pertaining to handicapped issues and to monitor compliance with Sec. 504 of the rehabilitation Act of 1973, as follows: Sec.1, Lines 12-13, to read: "Two such citizens shall be appointed by the Mayor and confirmed by the City Council". Sec.1, Lines 14-16, strike: "In addition, the City Auditor shall serve as a non-voting member until March, 1986 and at the discretion of the Affirma- tive Action Officer, may chair the Committee". Sec.2,c, Lines 7-11,strike: "Such grievances may include complaints alleging discrimination on the basis of handicap in employment; provided, however, the committee has no jurisdiction to resolve com- plaints brought by applicants for employment. VOTE: In favor: Opposed: Motion PASSED. Sturdivant, Horning, Mosely, Anderson, Drouin and Adrian Amo Recessed/Reconvened from 6:30 - 6:45 p.m. RESOLUTION #2078 - APPROVAL TO APPLY FOR ALEA GRANT FUNDS (REVISION), #AB85-343 This Agenda Bill revises an approved Council action of June 26, 1985, including superseding Resolution #2072 with a new Resolution. Staff requests that Council Re-approve Planning TAPE #270 City Council Reg. Mtg. Minutes July 31, 1985 Page 5 of 7 UNAPPROVED DRAFT #1884 #2363 Department application for a $75,000 ALEA Grant requiring a $25,000 match for the purpose of acquiring ownership of pedestrian access from the easterly street stub of 4th Street to the Inner Harbor Line and construction of a pedestrian access structure thereon. The Council would have to approve the aquisition and construction contracts after satisfactory negotiations as a budget item. Mr. Joe Fabre', Community Development Coordinator, stated that the City originally requested that the grant application would be to purchase accesses from 2nd and 4th streets, however, he was advised when meeting with the Department of Natural Resources, that the 4th Street access is higher funding priority because the City owns only the 1st street waterfront access. Pedestrian access structure on 4th Street would serve as additional public access and as the northern end of Phase I of the proposed waterfront "boardwalk". A subsequent grant application for boardwalk funding may be refused unless legal access at both ends of boardwalk can be proven. · M/S/C/U/(Adrian/Mosely) authorizing the City Planning department to apply for an Aquatic Land Enhancement Account (ALEA) Grant for the acquisition of public access and a pedestrian access structure at the easterly end of 4th Street on the Bremerton Waterfront with a limit on the City's match commitment of $25,000 and, further, that Resolution No. 2078 be executed to replace Resolution #2072. HEARING - REQUEST FOR REZONE FROM R-1 TO B-2, 143 SOUTH CALLOW - BOB MESSER ESTATE, #AB85-342 Council President Anderson asked the conflict of interest question with all Councilmen remaining seated. He asked for public to speak in favor or opposition to the proposed rezone with no one coming forward. Staff representative Dave Hanna was present for questions due to the absence of Planner Bob Duffy. He stated that the Planning Commission approved, unanimously the requested rezone on Planning Resolution #753, June 18, 1985. Deputy Clerk Johnson read into record a response from Mrs. Fisher, Box 4311, who was willing to favor the rezone as long as no other property was involved. Councilman Adrian noted that there was noted traffic impact problems which City Attorney Broughton advised there should be a concomitant agreement approved with granting the rezone. Councilman Sturdivant was concerned about the encroachment of residential areas with Councilman Adrian stating this is not a desirable area as residential. M/S/C/U/(Amo/Adrian) to approve request for rezone from R-1 to B-2, 143 South Callow - Bob Messer Estate, subject to a Concomitant Agreement addressing traffic problems plus a site plan approval to protect remaining residential area. ORDINANCE #3974 - LIBRARY ANNEXATION ORDINANCE AND CONCOMITANT AGREEMENT, SECOND READING, #AB85-309 City Attorney Bill Broughton briefly reviewed Ordinance #3974 for second reading and introduced Irene Henninger, Director of the Kitsap Regional Library. Mayor Dawkins and City Attorney Broughton met with the Library Board of Directors and they unanimously concurred with the annexation. Mr. Broughton explained the annexation would serve the public interest, there would be a division of assets, relieving the City of it's indebtedness and that funding from the City would continue until after the first of the year when taxes are assessed. Councilman Sturdivant was opposed to the additional taxes TAPE #270 & City Council Reg. Mtg. Minutes July 31, 1985 Page 6 of 7 UNAPPROVED DRAFT TAPE #271 #0220 #0457 · #0572 that will be imposed on the citizens of the community through property tax roles. He asked what would happen if the citizens did not pass the levy issued on September ballot with Mrs. Henniger stating it would not make any difference. Board has already agreed to assume the City debt in lieu of annexation. Councilman Sturdivant felt it was a give-a-way and a poor business venture for the citizens, stating he would actively campaign against it. M/S/C/(Drouin/Adrian) to passed Ordinance #3974, (second - reading) pursuant to Chapter 26, Laws of Washington, 1981, and stating the intent of the City of Bremerton to annex to, join, and become a part of the Kitsap County Rural Library District; finding that the public interest will be served thereby; and asking for concurrence by the Library Board. VOTE: In favor: Horning, Drouin, Amo & Adrian Opposed: Sturdivant, Mosely & Anderson Motion PASSED RESOLUTION #2076 - PLACING LIBRARY ANNEXATION ON ELECTION BALLOT, #AB85-340 This proposed Resolution parallels the Ordinance and Concomitant Agreement approved by Council on July 10, 1985. This Resolution calls for a measure to be placed upon the September ballot asking the citizens to determine whether they should annex to the county-wide library district. Councilman Sturdivant that an error appears on Ordinance #3974 which should be changed from November to September 17, 1985 primary election. City Attorney Broughton noted the change. In answer to Councilman Mosely's question, if the Resolution is not passed, the Ordinance would be mute. M/S/C/(Adrian/Amo) to pass Resolution #2076, setting forth the issue of annexation of the City of Bremerton into the Kitsap Regional Library. VOTE: In favor: Horning, Drouin, Amo & Adrian Opposed: Sturdivant, Mosely & Anderson Motion PASSED RESOLUTION NO. 2077 - CITY FORCE ACCOUNT REQUEST, EMERGENCY PISTOL RANGE WELL CONNECTION, #AB85-341 As a result of the current drought conditions being experienced in this area, water supplies are less than normal. Due to delay in the delivery of pumping equipment for the anderson Creek project, the Utility's alternate source of supply, connection of the Pistol Range Well to the distribution system must be expedited. Estimated cost for installation of approximately 900' of transmission main to be installed by City Force Account is $18,011.89. This amount exceeds the $15,000 limit set by the Revised Code of Washington, therefore, City Council approval is required in the form of an "emergency" Resolution for the Well connection. · M/S/C/U/(Drouin/Horning) to approve connection of the Pistol Range Well to-the distribution system to develop additional water source in an ~mergency situation per Resolution #2077, authorizing Waiver of Bid Call for Water Main Installation and declaring an "emergency" situation. ORDINANCE #3978 - NEW PARKING CHAPTER TO CITY OF BREMERTON ZONING ORDINANCE, FIRST READING, #AB85-308 The Parking Ordinance was reviewed by the City Council at their regular meeting, July 17, 1985, with changes made as discussed at that meeting. This ordinance de.]ls with parking outside the Central Business District. TAPE #271 City Council Reg. Mtg. Minutes July 31, 1985 Page 7 of 7 UNAPPROVED DRAFT #0798 #1003 #1192 · M/S/C/U/(Adrian/Horning) to approve Ordinance #3978, first reading, which amends Title II, Chapter VII of Ordinance No. 1792, the Bremerton Zoning Ordinance, by adding Sections 748 to 759, which set forth new off-street parking and loading requirements which are hereinafter provided, and which amends Section 412 of Ordinance No. 1792 by adopting new requirements for off-street parking and loading areas in R-2 Districts, and amending Pg. #8, Sec. 8, striking permanent irrigation system to read "Provision shall be made for maintenance of all plant material in parking lots". ORDINANCE #3979 - PARKING ORDINANCE AMENDING THE RT DISTRICT & ADDING REFERENCE TO THE NEW PARKING CHAPTER, FIRST READING, #AB85-290 Ordinance No. 3732, amended the Bremerton Zoning Ordinance, (Ordinance No. 1792) by creating the residential townhouse district. This Ordinance amends Ordinance No. 3732 by requiring that off-street parking and zoning in that district be provided in accord with the new off-street parking and Zoning Ordinance. M/S/C/U/(Adrian/Horning) to approve Ordinance #3979, first reading, amending Ordinance No. 3732, Section 354. ORDINANCE #3980 - PARKING ORDINANCE DELETING THE CURRENT REQUIREMENTS IN RESIDENTIAL, MANUFACTURING, AND COMMERCIAL ZONING DISTRICTS AND ADDING REFERENCE TO NEW PARKING CHAPTER, FIRST READING, #AB85-289 M/S/C/U/(Horning/Adrian) to approve, first reading, Ordi- nance ~3980, pertaining to.off-street parking and loading requirements, which amends Sec. 2, Sec. 4 and Sec. 6 of Ordinance No. 2297, which amended Ordinance No. 1792 (The Bremerton Zoning Ordinance) and which repeals Sec. 3 and Sec. 5 of Ordinance No. 2297. Items 9B, C, D, are to be tabled until after August 12, 1985, to allow staff input for final reading. ORDINANCE 3972 - AMENDING CITY OF BREMERTON ZONING ORDINANCE WITH THE ADDITION OF A PLANNED UNIT DEVELOPMENT CHAPTER, SECOND READING, #AB85-258 Pulled for Staff input. With no further business, meeting adjourned at 7:19 p.m. GIL JC~N~ty City Clerk.. " City of Bremerton APPROVED: ART ANDERSON, President City Council KLM:AA/cjs cc Normal Distribution File/Vault