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HomeMy WebLinkAbout12/11/85TAPE #306 ..... UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES December 11, 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, December 1i, 1985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Phil Drouin, Clyde Pachek, Bill Amo, Russ Johnson, Roy Mosely, Spencer Homing and Jim Adrian. Also present were Mayor Morris Dawkins (8:30 p.m.), City Attorney Bill Brougnton and City Clerk Kathieen McCluskey. The meeting was opened with the Pledge of Allegiance, led by Council President Anderson with Councilman Homing giving the Invocation. City Clerk McCluskeV noted that Consent Agenda.item #2C will be discussed under separate motion. CONSENT AGENDA Item #A - Minutes of December 4, 1985, #AB85-522; Item #B - Bid Award Recommendation - Meals for Jail Inmates, #AB85- 523; Item #D - Bid Award Recommendation - Sale of Surplus City Real Property, #AB85-525, and Item #E - Residential Parking Permit (No.side 4th from Naval to Hewitt) - #AB85- 526. #0091. · M/S/C/U/(Amo/Adrian)'tO.apprOve the Consent Agenda; as pre-' sensed. Item #F - Amendment No. 15 to CH2M Hill Step Ii - Engineering Agreement, #AB85-527. Mr. Dave Baker, Wastewater Project Manager, stated that EPA is not satisfied with the formula used for Amendments 12 and 14 of the Step II Agreement previously accepted by the City. In order to complete the paperwork of this project the subject amendment must be executed. As a result of the revised formula, the City has received a credit of $I,167.73. #0145 · M/S/C/U/(Drouin/Johnson) toauthorize the Mayor to execute the subject Amendment N0~ 15. Item #C - Bid Award Recommendation - City Owned Parking Facility, #AB85-524. A Call-for-bids was prepared, advertised, distributed and received in accordance with accepted Call-for-Bid procedures for Management and Operations of City owned parking facilities located at 405 Washington Avenue, and' to three firms. Two bids were received and evaluated, Diamond Parking and Ampco Parking, the present contractor. Bids were reviewed by Council on December 2nd Study Session. Staff recommendation was to award the 1986 contract to Diamond Parking based on a seventy eight percent (78%) return to the City. Term of the contract would be three (3) years. Contract would include termination without Cause Sixty (60') dayS, with cause Thirty' (3.0' days}., Mr. Jim Gross, Representative from AMPCO, questioned the qualifications of Diamond Parking due to their previous "failure to complete a written contract with the City". He stated that AMPCO took over the Diamond contract that was in existence at a time when the City needed a parking contractor. He distributed copies, to the City Council of, City Council meeting Minutes (May 4, 1985), Bid Specification (Page #2) - Disqualification of Bidders, citing IV(F) and news releases/Bremerton Sun to'. emphasize TAPE #306 ' City Council ,teg. Mtg. Minutes December 11, 1985 Page 2 of 9 UNAPPROVED DRAFT' #0263 #0571 #0542 his position. Councilman Amo stated he had received many public complaints when Diamond Parking held the City contract. · M/S/F/(Amo/Sturdivant) to reject the high bidder (Diamond) at 78%. Councilman Anderson questioned the City Attorney as to the legalities of accepting other than the highest bidder. City Attorney Brouqhton stated he was concerned and would need the opportunity to take a look at the ordinance and StaTe bid law. Further, time to prepare findings and conclusions, if other than highest bidder. VOTE: In favor: Sturdivant, Pachek, Amo & Mosely Opposed: Adrian, Homing, Anderson, Drouin e johnson Motion FAILED to relect highest bidder. M/S/C/(Horning/Pachek) to table one week to obtain legal opinion. " ' VOTE: In favor: Sturdivant, Homing, Pachek~ Moseiy, Anderson, Drouin, Adrian & johnson Abstain: Amo Motion PASSED to table one week. 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/Johnson) on December 1I, 1985, the Council by a unanimous vote, does approve for payment those vouchers included and further described as follows: regular voucher numbers #16495 - #16702, in the total amount of $288,319.37. MAYOR'S REPORT - None ATTORNEY'S REPORT CitV Attorney Bill Broughton did state he will be going to Olympia tomorrow to meet with the Jail Commission with .Police. Lieutenant. Pat O'Niell and that-it appea~s .the State. staff will alter their. previous recommendation not to downgrade the City jail. PUBLIC RECOGNITION Ms. Mary Lou Long, 2433 E. Phinney Bay Drive asked that Public Recognition be reopened at 7:30 p.m. to allow 'ferry commuters to address the issue of reduced ferry runs, proposed by the State Department of Transportation. Council President Anderson felt this would be agreeable and Co nii u c would accommodate. Mr. Dick KelstriD, 160 1st Street (Wheelhouse), addressed two concerns: (1) the elimination of 8 of 12 original parking spots for several businesses in his immediate area, due to the Bus loading/unloading station, an.d'(2) what was- originally a yellow loading zone, for delivery and pickup to his business has now been repaiDted red. He stated he talked with Captain Maves who directed him to bring before Council. Ms. McCluskeV clarified that the bus loading/unloading move was on a trial basis and can be cancelled. Councilman Johnson felt Mr. Kelstrip had a valid concern. He suggested that the Council President write a stong letter to the Mayor stating Council missed his presence and to get an Agenda Bill back to Council to'deal with Mr. Ke~strip's complaint.' TAPE #306 ' City Council Reg. Mtg. Minutes Deceu~er 11, 1985 Page 3 of 9 UNAPPROVED DRAFT ~1578 Councilman Drouin suggested Mr. Kelstrip get in touch with his Councilman (Adrian) and Councilmen Anderson and Morning who attend the Transit Meetings through PSCOG. Councilman Horninc asked that Mr. Kelstrip put his complaint in writing and Mr. Homing will get an answer from Mr. Hayes, Manager of the Bus Company. Mr. Dave Baker, AssiStant City Engineer, responded that the "red" curb was repainted to comply with State law that red curbing is designated 30' - area behind stop light. Councilman Adrian felt there must be an alternate area Mr. Kellstrip could use. Mr. Bob Smith, Ferry Commuter, addressed his concerns on proposed Ferry Service cuts, especially the later evening runs. He suggested that the City Council could address possibly by a "memorial" that there be no Ferry cuts until Legislative recourse is sought which Councilman Adrian agreed was an excellent idea. · M/S/C/U/(Adrian/Anderson) that Councilman Adrian draft a letter to be signed by the Council President to the State Transportation Commissioners that there be no Ferry cuts until Legislative recourse is sought. Councilman Sturdivant asked-that carbon copies be sent to our local delegation. COUNCIL MEMBERS REPORTS Councilman Drouin stated that the Wastewater Committee met for the last time, December 5, 1985, and left some unfinished business which will be turned over to the newly .elected .offiCials.' ," ~' . 'Councilman j6hnson'reported working'on the TransitiOn team'. PROPOSED ORDINANCE -.'STREET/SIDEWALK VENDORS, #AB85-4345N The proposed ordinance is presented for discussion only. Mr. Pete F1Vnn, Mainstreet Association, read a memo stated the methodology used. in presenting a proposed draft. Me stated that Council requested that he meet jointly with the Business/Property owners and owners of the vendor-cart operations to come to some agreement on an ordinance draft they both would find acceptable. He stated that the Business/Property owners artended. the .meetings however. no re.presenta~ives from the vendors appeared. Concensus of those present was an ordinance draft from the City of Portland which was less stringent than the City of Seattle, but acceptable. Mr. Earl Nelson 313 Olympic Avenue, was opposed to the City allowing any street rending, Comparing it with a carnival atmosphere. Mr. George Allan, 1300 N.E. Bond Rd. addressed chapter 5.!6 in the Bremerton Municipal Code, and an ordinance which addresses the problem. Mr. Dick Ke!strip, Wheelhouse Restaurant - Owner,. stated. the committee spent a lot of'time reviewing many. documents. and decided on best ordinance that fit the needs and reducing the liability to the City. · M/S/C/(Sturdivant/Pachek) to deny Street Vending, effective January 1, 1986, with the exception of Street Fairs and special celebrations as well as merchants restricted from placing merchandise on sidewalks and that the City Attorney prepare the necessary ordinance. VOTE: In favor: Pachek, Sturdivant, Drouin, Anderson & Mosely ~- Opposed: Morning, Amo,~'Adrian a Johnson TAPE ' #306 City Council keg. Mtg. Minutes I)ece~rber 11, 1985 Page 4 of 9 UNAPPROVED DRAFT Motion PASSED. Recessed at 6:30 p.m. - 6:45 p.m. Councilman Adrian left the meeting at 6:45 p.m. HEARING - REQUEST FOR REZONE FROM R-1 TO R-2, HOWARD & ESTHER FRANCIS - 670 SYLVAN WAY, #AB85-540 Council President Anderson addressed the conflict of interest question with all Councilmen remaining seated. Mr. Dave Hanna, Planner, presented staff report on request by Howard & Esther Francis to fezone from R-1 to R-2, 670 Sylvan Way. Planning Commission during their October 29, 1985 meeting, recommended denial 3-2. He highlighted Resolution #765, on file in the Planning Department which stated reasons for denial. The property owners intended to build multi-family units on the 3 acres in question and were agreeable to reducing the density to accommodate their · -request for Council to approve-. He stated .that .the decision was overturned because of further information. Things that were taken into consideration and Council must address are, (1) Density, (2) Site Plan vs PUD, and (3) Compliance with standards for generating rezo'ne. He pointed out that the adjacent properties share the fact that there is mixed housing density, that there has been a change in circumstances and that Public benefit or interest is addressed because of the need for more available rentals for senior citizens which would have close proximity to services such as shopping centers,.churches,, etc. Mr~ Akl'an'..Francis, 'son '0f PrOpOnent.,. stated: ('1) 'E. Bremerton has highest growth rate; (2) access from "3 Streets; (3) area'ready to be developed, and (4) feels the applicants have met all criteria' for development to be approved. Councilman Amo' expressed opposition to "spot fezones"' and requested that Council uphold the original Planning Commission decision. Councilman Sturdivant felt the area should be rezoned, as requested because of the need for housing with the potential of 'large Naval Ships being homeported in Bremerton, .starting 1987, and the City has been' encouraging.quality development.. He noted there..are two major developments within 4 blocks of the subject site, is serveral by good arterials, large shopping center, Post Office and Library close by and excellent area for the eldeP1y. This-would encOurage.people= to live in the City. Councilman Anderson feels neighborhood saturated already. #2221 · M/S/F/(Amo/Johnson) to deny' the request for fezone. VOTE: In favor: Amo, Anderson & Johnson Opposed: Sturdivant, Homing, Pachek, Mosely and Drouin ~ Motion FAILED. Councilman Amo. continued the discussion stating the area is composed .mostly'of 'single family dwellings and noted 'that the City is presently 50'-60% rentals which is not healthy. Councilman johnson had concern regarding adequate parking for a possible 60 units and felt this would lead to heavy off-street parking problems and wanted to be sure this would be addressed should the fezone be approved. #2789 M/S/C/(Sturdivant/Horning) to approve a request by Howard & Esther Francis for a fezone from R-! to R-2, 670 Sylvan Way, subject to a Concomitant Agreement addressing Planning Commission Resolution #765. TAPE #306 ' City Council .~g. Mtg. Minutes December 11, 1985 Page 5 of 9 'UNAPPROVED DRAFT Councilman Johnson thought the Concomitant Agreement had to be voluntary by the applicant with Mr. Pratt responding that the applicant has made the SEPA application and agreed it will be contained in the agreement. VOTE: In favor: Sturdivant, Homing, Pachek, Mosely and Drouin Opposed: Amo, Anderson & Johnson Motion PASSED to grant fezone. PROPOSAL FOR ONE-WAY SOUTHBOUND TRAFFIC FLOW - WHEATON WAY - SHERIDAN TO CALLAHAN, #AB85-528 Ms. Mary Wilson, Engineering Staff, gave presentation and reasoning behind the request to change Wheaton Way - Sheridan to Callahan a one-way Southbound. At the November 4, 1985, Study Session, the Council heard testimony from two (2) property owners objecting to previous Council action approving a one-way southbound traffic flow on Wheaton Way from Sheridan to Callahan. The Council decided to have the matter placed on the agenda for further review at a regular Council meeting. Staff recommend confirmation of previous Council action. Mr. William Ports, Seattle Trust/Bellevue, WA., was contracted by the owners of the Spot Realty Building and another adjacent land-owner C.A.Ross, Jr., and gave his qualifications as an State Certified Engineer and Traffic Study Specilist. He pointed out that the City's plan is too stringent and would severely affect his clients; the timing que (Lights at intersection) are not balanced for even traffic. flow at the intersection of Wheaton-Way/Sheridan; "'.there' Were no-accident or 'statistiCal data' available to 'lustify'the 'City's position.to make the street. one-way'and it was his r~commendation that the' City 'have a sign posted directing traffic left as it approaches Callaban. He further recommended alternative solutions as noted in his study specifically "B" to extend the left-end barrier which would make motorists have more difficult time but not hamper emergency vehicles, on Sheridan as it .intersects Wheaton Way. He further suggested channe!ization on Sheridan, as two-lane section from left turn and Modify driveway (Vet Clinic, N.E. corner) or contact the owner to agree to block his driveway as he was one of the major complainants. He stated he sent two letters to reiterate his points. Mr. Don Moody, Part-Property Owner/Spot Building, noted i't would be impossible to continue to attract .business for leasing space if the site is cut off to only one-way traffic. He has been a part of the community for many years and wants his business to continue to prosper. Mr. Roy Mclnnis, 2711 Maple, observed traffic patterns for a short period of time and agrees with the City's original plan and supports the one-way concept. Mr Mark Triplett, Representing C.A.Ross,Jr., noted that Mr. Ross is part-owner of property adjacent to the Spot Realty Bu~ld!ng and shared the same concerns as Mr. Moody. He s~ated at the time of fezone t'he City had not indicated .it's intent to change the existing 'traffic flow. He 'stated it would be hard to get a tenant therefore would choose not to build. Ms. Wilson, responded to two issues Mr. Potts addressed: (1) Signage cannot be placed as stated because of being State highway, however the City and State would trade which would allow posting the on-ramp. (2) The timing of the signal at Wheaton and Sheridan allows for pedestrian crossing. Mr. Ports felt the pedestrian traffic could be 'regulated'by push'button ques. and disagreed about not being TAPE #306 City Council z~eg. Mtg. Minutes Decentmr 11, 1985 Page 6 of 9 UNAPPROVED DRAFT able to post a State highway in that State and local jurisdictions can design signage with approval. Councilman Sturdivant said he met with Field Ryan, Bremerton School District 100-C, and was advised that the schools would not change their loading location as stated in the Engineering Plans. Further it is questionable how.long the school will remain open. TAPE #307 #1i96 · M/S/C/(Sturdivant/Pachek) to reject the Engineering Depart- ment's proposal to change Wheaton Way - Sheridan to Callaban to a one-way street. VOTE: In favor: Sturdivant, Homing, Pachek, Anderson, Mosely and Drouin Opposed: Amo & Johnson Motion PASSED to reject proposal. Recessed at 8:10 p.m. - 8:15 p.m. Councilmen.Mosely and Amo-ieft the meeting at 8:15' p.m. CONSULTANT CONTRACT - CBD WATERFRONT PLANNING DOCUMENTS, #AB85-529 Council approved a Shoreline Planning Contract for $39,140.00 with the Washington State Department of Ecology. The City Consultant selection process ranked Makers the top proponent and negotiations developed the attached contract, on file in the City Clerk's office. Products to be developed include Waterfront Special Design District Elements of the Comprehensive Plan, Comprehensive Plan Map, Zoning'.Ordinance,' .S~Oreline Master Plan' and 'respective environmental documentation.· " ~1221 Councilman Johnson was against spending $40,000 however Mr. Don Pratt, Planning Director, explained the necessity as the groundwork for the Waterfront Plan. He said the draft set of documents would include a Comprehensive Plan, Zoning Ordinance~ Comprehensive Plan Map and an Environmental Statement. Maker's, which is the firm suggested to do the work, made application with 12 othe~ participating consultants and have to their credit, WateTfront Plans for both the cities of Olympia and Port Angeles. · M/S/C/U/(Horning/Pachek) to approve a Consultant. Contract- CDB Waterfront Planning Documents, with the addition of the State Contract and Insurance provisions to be reviewed and approved by the City Attorney and the Risk Manager. AMBULANCE RATES - KITSAP PUBLIC SERVICES, #AB85-530 The attached rate schedule is the same as last year. There is no A.L.S. rate. Kitsap Public Ambulance SerVice indicated they did not turn this in earlier because they did not think it required approval if there was no rate change. Ms. McCluskey noted that approval or denial would net the same result, that the rates would remain the same. #1326 · M/S/C/U/(Pachek/Johnson) to approve rate. schedule - Kitsap Public Services with no change in rates. GOLF COURSE LEASE, #AB85-531 The current leasee, Gary Fuller, has elected not to renew his lease with the City. Scott Alexander, Golf Professional, has agreed to operate the restaurant and bar at the golf club. Mr. Scott Alexander, Golf Professional, noted two changes; (1) Pg. #3(8), para. 1, add the figure $3,185.82, end of para. (2) #3(8) a second figure of approximately $3,000.00 which he will' have'this week. He stated he Observed that 'TAPE #307 "" City Council t~eg. Mtg. Minutes December 11, 1985 Page 7 of 9 UNAPPROVED DRAFT most Golf Courses, the Professional runs all divisions of the Club house which responds to the needs of the clientele served. Those utilizing Golf Mountain like luncheon type foods and if he is to run this part of the operation, he can make the Restaurant available to those who use the course on a regular basis. Councilman Johnson asked if he had ever managed a Restaurant with Mr. Alexander responding no, however, he felt if the Restaurant could just' break even and serve the people with the hours they demand and food they like it should succeed. Councilman Sturdivant was in favor of leasing the Restaurant to Mr. Alexander and addressed changes from the existing agreement. ~1526 M/S/C/(Sturdivant/Pachek) to approve entering into a lease with Golf Professional Scott Alexander for Maintenance and Operation of the VOTE: In Favor: Sturdivant, Homing, Pachek, Anderson & Drouin Opposed: Johnson MOtion PASSED to approve lease.. LEASE - 5th STREET LIBRARY/BRIDGE CLUB, #AB85-532 The Bridge Club has leased the Library basement since January 1980. There initial lease was for $150.00 per month plus leasehold tax and has been raised based upon CPI annually. The current lease in $212.46 per month but if raised by the'CPI, would be $219.22 monthly' plus leasehold of $28.13. Mr. Swan, Representing the Bridge Club, asked in his letter that the CPI not be applied. #1629 '.e MZS/C/('DroUin/Pachek)-tO approve the'Bridge'Club 'LeaSe,:.. with NO CPI adjustment-. . ' VOTE: 'In Faeor:" Majority.' Opposed: Russ Johnson Motion PASSED. ORDINANCE #3998 "EMERG"-CONDEMNATION OF EASEMENT OYSTER BAY SEWER PROJECT - E.P.ENTERPRISES~ #AB85-533; ORDINANCE #3999 "EMERG"-CONDEMNATION OF EASEMENT OYSTER BAY SEWER PROJECT - E.P.ENTERPRISES, #AB85-534 ORDINANCE #4000 "EMERG"-CONDEMNATION OF EASEMENT OYSTER lAY SEWER PROJECT - ADDISON, #AB85-535 ORDINANCE #4001 "EMERG"-CONDEMNATION OF EASEMENT OYSTER BAY SEWER PROJECT - BRINKMAN',.#AB85-536 The City intends to construct a sanitary sewer across Oyster Bay which requires easements. Bid documents have been accepted and project must be commenced in january to meet a completion deadline in March, !986-. The money has been budgeted as part of the 309 fund and is eligible for D.O.E. and Navy participation. Four (4) parcels, designated by the above titles, need condemnation proceedings, by ordinance, or the project will be delayed and the contractor will have a valid claim for damages against the City. The Council agreed to act on all four Ordinances in one motion. #1730 . M/S/C/U/(Drouin/Pachek) to pass Ordinance #3998, #3999, #4000 and #4001, declaring the need for condemnation of an easement through=-certain real property for the purpose of.' constructing a sanitary sewer for the City of Bremerton and declaring an emergency. ORDINANCE (FIRST READING) AMENDING ORDINANCE #3700 - SUMMER IRRIGATION ALLOWANCE, #AB85-537 The Bremerton Water Utility traditionally reads each of its domestic water meter in system at approximately 60-day intervals (+ or - 5 days), beginning on the 25th of each month. Over the past several years due to inclement weather conditions, the Utility has been forced to either delay and/or estimate several reading cycles~ 'This.'has resulted TAPE #307 ~ City Council _zg. Mtg. Minutes DeceTher 11, 1985 Page 8 of 9 UNAPPROVED DRAFT #1805 #1946 #1989 in an imbalance in the monthly consumption history of individual accounts and thereby impacted the summer irrigation allowance for wastewater utility bills. Based on current weather conditions, it appears the Utility will again be required to delay meter reading and/or estimate consumptions. Staff requests Council approve amending Ordinance #3700, $ec. III.B.Tc. · M/S/C/U/(Drouin/Pachek) to approve Ordinance, first reading, amending Ordinance #3700 relating to policies for determining equitable charges for users of wastewater facility system. ORDINANCE (FIRST READING) ADOPTING 1986 BUDGET, #AB85-538 This ordinance provides the individual fund totals for the several funds of the City of Bremerton for the fiscal year 1986. The amounts include all changes to departmental recommendations and the Mayor's Preliminary Budget which were specified by City Council during budget hearings. The Official Budget for the .Year i986 referenced in this Ordinance is being f!naiized in the City Cierk's office and will be available to the public prior to implementation. It will contain City Council "Statements of Legislative intent" (SLI's). · M/S/C/U/(Johnson/Horning) to approve Ordinance, first read- ing, an Ordinance of the City of Bremerton approving and adopting the financial budget for the several funds of the City of Bremerton for the fiscal year 1986, and appropriating the amounts set forth in said budget to each funds-in.accordance-with RCW!38.'33.075~ and incorporating the ""'Statements' of .Legis.iative Intent"', into the Budget Book. ORDINANCE (FIRST READING) RAINIER NATIONAL BANK, REZONE FROM R-2 TO B-3, #AB88-SS9 The Planning Commission by Resolution #754 recommended approval of the subject site to be rezoned from R-2 to B-3. On August 28, 1985, the 'City' Council approved such rezone request. · M/S/C/U/(Drouin/Horning) to approve Ordinance, first read- ing, amending the use and area maps of Ordinance 1792 upon application of fezone from R-2 to B-3 and subject to various requirements .and other applicable'. laws. and regulations (Rainier National Bank). PUBLIC RECOGNITION - 8:45 P.M. Purpose to reopen the Public Recognition was to accommodate Ferry Commuters who were protesting proposed decrease in runs between Bremerton & Seattle, late evening. MS. Ruth Davis, 1801 Park Avenue, expressed concern and requested Council to defend the commuters position with regard to elimination of late hour Ferry runs. She stated the citizens are circulating petitions. Council President Anderson stated that the Council has been outspoken and .supportive of the users and visible in Olympia, challenging the State'.s efforts to'reduce .services. He.suggested the citizens 'also contact the Kitsap County delegation of elected officials. Mr. James Hansen, 1621 Cogean, stated that since he started commuting in 1974, the Bremerton run has experienced cuts in service, longer time in crossing sound and higher rates. Ms. Marion Gegner explained the problem with the already limited service whereby she often has to take her car and return via Winslow which includes a long drive to Bremerton. 'TAPE '#307 " City Council beg. Mtg. Minutes December 11, 1985 Page 9of 9 UNAPPROVED DRAFT Mr. Nathan Hail, Resident, feels State wants to eliminate the Bremerton run entirely.. Mayor Morrie Dawkins announced that he and Mayor-Elect Gene Lobe will be going to Olympia tomorrow to attend a meeting of the State Transportation Department. He plans to schedule a meeting late next week with those individuals effected and hopefully their lobbying efforts will result in the State altering their present position. With no further business, meeting ad3ourned at 9:il p.m. KATHLEEN MCCLUSKEY, City Clerk City of Bremerton City Council KLM:AA/c3s CC: Normal Distribution File/Vault