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HomeMy WebLinkAbout08/07/85UNAPPROVED DRAFT TAPE #272 ~0029 #0083 #0099 CITY COUNCIL MEETING MINUTES August 7, 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, August 7, 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, Russ Johnson and Jim Adrian. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and Deputy City Clerk Gil Johnson. Absent was Clyde Pachek. The meeting was opened with the Pledge of Allegiance, led by Council President Art Anderson and Councilman Spencer Horning gave the invocation. CONSENT AGENDA Item #A - Minutes of July 31, 1985, #AB85-343. · M/S/C/U/(Horning/Adrian to approve Agenda Item #A. Item #B - Acceptance of Contract C-7, Improvements to Pump Stations EB-3(31), EB-2(32), and Overflows 2,3,4,7, and Manette, #AB85-344, All work has been completed and found to be in conformance with the Contract Documents. Final payment can be made to Teem Ventures, Inc. thirty (30) days after Council accepts the contract, and Washington State Department of Revenue certifies that no taxes or penalties are due. · M/S/C/U/(Drouin/Mosely) to approve Acceptance of Contract C-7, Wastewater Treatment Facility, Agenda Bill #85-344. 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 recorded on a listing which has been made available to the Council. M/S/C/U/(Drouin/Sturdivant) on August 7, 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 #13690 - #13847, in the total amount of $535,562.35. MAYOR'S REPORT Mayor Dawkins presented Proclamation #1 - designating August 11 - 17, 1985, as "Jaycee Muscular Dystrophy Week" with no one present to accept. Proclamation #2 - designating August 12 - 17, 1985, as "Social Security Week" was presented by Mayor Dawkins to Ms. Alberta Cansa, Director of the local Social Security offices. She stated there is 20,100 beneficiaries in Kitsap County generating 7.5 Million dollars into the community. She invited elected officials to the Open House scheduled for August 16th. Mayor Dawkins presented four Japanese students from our Sister City "Kure, Japan" and their host families. They were presented with plaques designating each as honorary citizens of Bremerton and other momentos. The students sang a Japanese song for the public after the presentations. Mayor Dawkins stated that Ms. Karen Loftus has submitted her resignation from the Planning Commission and he requested Council confirmation for Mr. Leander Wright, who was unable TAPE #272 City Council Reg. Mtg. Minutes August 7, 1985 Page 2 of 5 UNAPPROVED DRAFT #0565 tO be present. He noted that Mr. Tiny Collins, another Planning Commissioner is running for .a Council seat, therefore there will be another recommendation before Council next week to fill the vacancy. M/S/C/U/(Adrian/Amo) to confirm the appointment of Mr. Leander Wright as Planning Commissioner to fill unexpired term of Ms. Loftus. the PUBLIC RECOGNITION Mr. Erik Blomsted, Pastor of the Sylvan Way Baptist Church handed out leaflets regarding the "Teen Auto Show", to be held Saturday August 24, 1985 from 1:00 - 4:00 p.m. He encouraged the community to support the efforts of the youth by their attendance. Ms. Jeanne Jackson, noted that statistics report a higher incident of Muscular Dystrophy in the Puget Sound area than anywhere else in the United States. Mr. Pete Flynn, Mainstreet Manager, noted the progress of the Program and announced the most recent promotion of "Adopt a Tree". The intent is to place approximately 250 select variety of trees, based on a recommendation from Dr. Black, Arborist with the Seattle Parks Department. Each contributor will have an engraved plaque placed at "his/her" tree. Ms. MaryLou Long, 2433 E. Phinney Bay Drive, criticized the proposed Wastewater rate increases and noted that now that the Plant is in place the Navy is proposing it's Steam Power Plant. She stated that the Navy could not proceed until it filled the EIS requirements which the Wastewater Plant has accomplished. She outlined how an individual who vacations elsewhere for the winter, could conceivably pay no water charges during summer months in Bremerton because the water rates are based on winter usage and felt this an unfair formula. ATTORNEY'S REPORT City Attorney Bill Broughton reminded Councilmen that a representative was requested from the Council to sit on the Hearing Examiner's Panel for oral interviews. He noted that there are 6 - 7 applicants. COUNCIL MEMBER REPORTS Councilman Drouin, was concerned about the proposed rate increases stating that the issue has not been before the Budget and Finance Committee and needs to have a Public Hearing before Council plus an Ordinance before approval. He thought the announcement of an increase was premature at this time. He was critical of the figures provided by the Treasurer and that they did not agree with meetings he attended. Councilman Sturdivant, noted that the next Gold Mountain Golf Course Board of Directors meeting will be held on August 15th at 2:30 p.m. JOE MENTOR - LID PETITION, #AB85-346 Mr. Joe Mentor has submitted a L.I.D. Petition for construction of curb, gutter, and sidewalk for his property on the north side of Kitsap Way west of Corbet, which includes the property east of Mentor's, belonging to Clair Motors. According to LID procedures the Council must direct the Engineering Department to proceed with the LID. Mr. Dave Baker, Assistant Engineer, noted that the subject property is not in the City and, if approved, the costs will be borne by the property owners. In response to Councilman TAPE #272 City Council Reg. Mtg. Minutes August 7, 1985 Page 3 of 5 UNAPPROVED DRAFT #1506 #2294 Horning, Mr. Baker stated he doubted that Mr. Mentor would withdraw at a later date. M/S/C/(Amo/Adrian) to approve the L.I.D. Petition, directing the City Engineer to proceed with the L.I.D., submitted by Mr. Joe Mentor. VOTE: In favor: Sturdivant, Horning, Anderson, Drouin, Amo, Adrian & Johnson Abstain: Mosely Motion PASSED REALLOCATION OF REVENUE SHARING (WITHIN) PREVIOUS APPROPRIATION, #AB85-347 In December, 1984, City Council allocated $4,000 of Revenue Sharing Funds to Kit-No-Ma Council of Campfire and Totem Girl Scout Council for relocation to the Manette Fire Station. As noted in correspondence, the Board of Directors of both agencies indicate that they cannot afford the cost of a major move of their respective service and administrative offices at this time. A search of records by the agencies shows that the building was built in 1939 at no cost to the City and it's current value is approximately $127,000. The roof is currently in a severe state of disrepair and apparently has been leaking for quite some time. The Agencies request that Council approve releasing the $4,000.00 of Revenue Sharing money to Kit-No-Ma-Council of Campfire for the purpose of roof and other necessary repairs to the building located at 1109 Warren Avenue. Ms. Jean Markovich, Field Director/Totem Girl Scout Council and Myrna J Clark, Acting Executive Director/Kit-No-Ma Council of Campfire were available for questions. Councilman Adrian asked if this request would fall under the Davis-Bacon requirements and if so, repairs would be at a much higher figure than would be covered by the Revenue Sharing allocation. Ms. Markovich noted that the agencies have no matching dollars pledged at this time. Councilmen expressed concerns that; (1) is the building City owned; (2) how long would the agencies occupy, even if needed repairs were completed; (3) confusion regarding ownership as previously reported; (4) whether or not a contract/lease is on file, etc. It was suggested that the request be tabled until it could be fully researched. City Attorney Bill Broughton noted that this agenda item did not come to him but was processed through verbal contact and that his staff would need time to research. Councilman Amo asked further, that "dedicated use" be defined. · M/S/C/U/(Mosely/Sturdivant) to table for two weeks the re- quest for reallocation of $4,000 Revenue Sharing allocation to Kit-No-Ma-Council of Campfire/Totem Girl Scout Council to make necessary repairs to roof and interior. (8/21/85) ORDINANCE (2ND 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. Several amendments were approved on first reading. Councilman Adrian wanted to change SEC 2(a), Line 5-7 to read "The Committee shall inventory and identify which City programs and activities receive Federal funds, review such programs for compliance with", etc. Ms. Jeanne Jackson, Representative for Handicapped, did not UNAPPROVED DRAFT TAPE #272 & ~ 3 City Council Reg. Mtg. Minutes August 7, 1985 Page 4 of 5 feel the word "identify" was good enough. Further she wanted to add, because of a recent addendum to State Law, the verbiage those who could not hear or speak to SEC 3(d). Councilman Adrian agreed to a change of verbiage to read, (line 7-9) - "Appropriate arrangements shall be provided to accommodate handicapped persons in the hearing process" Ms. Jackson was still displeased with the proposed change. Councilmen agreed that Mr. Adrian's changes covered the issue with Councilman Amo stating he was unsure what Ms. Jackson was requesting. #3004 · M/S/C/(Amo/Drouin) to make no changes to the verbiage, at this time, tabling the second reading of the Ordinance for two weeks, (8/21/85) VOTE: In Favor: Mosely, Anderson, Drouin, Johnson Opposed: Sturdivant, Horning Abstain: Adrian Motion to table PASSED ORDINANCE (FIRST READING) BREMER'S REZONE FROM R-1 TO B-2, 1329 CRAWFORD DRIVE, #AB85-348 The Planning Commission approved the above rezone with Resolution #739, City Council held hearings on April 3, 1985, also approving the rezone. Presented before Council is a request to approve an Ordinance addressing the Rezone and a Concomitant Agreement. Councilman noted that the dates on the Agenda Bill (7/31/85 - First Reading) should be changed. #3073 · M/S/C/U/(Sturdivant/Mosely) to approve Ordinance, first reading, amending the use and area maps of Ordinance #1792 upon application of rezone from R-1 to B-2 and subject to various requirements and other applicable laws and regulations (Bremer's Inc.). #3109 · M/S/C/U/(Adrian/Horning) to approve the attached Concomitant Agreement (Bremer's Inc.) with ordinance. TAPE #273 #0101 · RESOLUTION #2079 - RESOLUTION ADOPTING SIX-YEAR TRANSPORTATION PROGRAM 1986 - 1991, #AB85-350 A Resolution is required to approved the adoption of the Six-Year Transportation Program which the City Council adopted by vote after the hearing July 24, 1985. M/S/C/U/(Drouin/Adrian) to approve Resolution #2079, adopt- ing the Six-Year Transportation Program 1986-1991. ORDINANCE, (FIRST READING) PUBLIC USE OF RIGHT-OF-WAY, #AB85-349 This Ordinance governs the use of Public rights-ofTway in the City of Bremerton. This Ordinance shall be referred to as the "Street Use Ordinance". The Street Use Ordinance requires individuals to obtain permits and pay fees upon making certain uses of public rights-of-way which are described within the ordinance. The ordinance also defines offenses which arise from improper use of public rights-of- way and describes penalties for such offenses. Additionally, this ordinance repeals various ordinances in the B.M.C. which conflict with the terms of this Ordinance. This ordinance repeals the following ordinances: (1) Ordinance No. 1675, codified at Chapter 11.12 of the BMC which pertains to breaking of pavement in the City; (2) Ordinance No,. 2364, codified at Chapter 11.16 of the BMC, which pertains to the removal of trees and shrubs obstructing public rights-of-way; (3) Ordinance No. 2547, codified at Chapter 17.24 of the BMC which pertains to construction projects executed on public propcrty; (4) Ordinance No 3632, codified at Chapter 17.24 whicr. amended Ordinance No. 2547 by adding provisions regulating TAPE #273 City Council Reg. Mtg. Minutes August 7, 1985 Page 5 of 5 UNAPPROVED DRAFT #1542 excavation projects on public property and regulating the installation of utility systems on public property. City Attorney Bill Broughton stated this draft was patterned after the City of Seattle Ordinance which has been in use approximately 7 years and they are very pleased with the results. He outlined several sections contained in the draft and specifically Section #7 - "Legal Use of Streets" which is the crux of the Ordinance. He noted that Section 43(N) needs modification and Section 46 should have an addendum of food vendors such as hotdog stands, etc. Councilman Amo was concerned about news stands/paper carriers needing a permit with Mr. Broughton responding that the Bremerton Sun could apply for a master permit to cover carriers operating in the City. A concern about landscaping, trees (ref. "Adopt a Tree"), etc. was addressed by Councilmen who felt beautification efforts would regress if this ordinance is inacted. Mr. Pete Flynn, Mainstreet Manager, was concerned how this ordinance would affect the Central Business District and Mr. Broughton replied that when public property is involved, the City stands the liability. He stated there are 3 cases in litigating at this time regarding Rights-of-Way. Mr. Flynn requested a 2 week delay for first reading approval. Mr. Dave Baker, Assistant City Engineer, stated this ordinance is a good document for the Engineering department and defines the gray areas, as problems in the past when issuing permits. He felt the community would be issued/denied permits on a more fair basis with inactment of the ordinance as drafted and will streamline the permit process whereby all will be treated equal. Councilman Drouin felt a need to table for public input however, commended the efforts of the City Attorney and Staff in preparing such a complex document. M/S/C/(Adrian/Amo) to table first reading of an Ordinance relating to and regulating the use and occupation of the conduct of persons in and upon the public streets and places within the City of Bremerton, providing for certain permits and fees in connection therewith, prescribing penalties, defining offenses and repealing Ordinance No. 2364, 1675, 2547, 3632 and adding a new chapter to the Bremerton Municipal Code, for two weeks. With no further business, meeting adjourned at 7:08 p.m. GIL JO~, Deputy Cit~ City of Bl~N~'~rton Clerk APPROVED: ART ANDERSON, President City Council KLM:AA/cjs cc Normal Distribution File/Vault