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HomeMy WebLinkAbout07/27/82Tape 268 -- Side #1 #1580 CITY COMMISSIONERS MEETING JULY 27, 1982 Regular meeting of the City Commissioners of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, Tuesday, July 27, 1982 at 9:00 a.m. with Mayor Gene Nelson presiding. Also present were Commissioners Bob Stewart, Tom Swanson, and City Clerk Kathleen Mandio. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Pastor Robertson. MINUTES OF JULY 20, 1982 Mayor Nelson stated that Page 5, name of Harold Box was incorrect. as typed. Motion by Mayor Nelson and Commissioner Stewart to approve the minutes as corrected, carried unanimously. NOTICES OF EMPLOYMENT, CHANGE OF PAY STATUS Motion by Mayor Nelson and Commissioner Stewart to approve the following Notices of Employment and Change of Pay Slips as presented, carried unanimously. Robert Karl Leitz, Seasonal - Grounds Keeping, Parks & Rec., $4.00 per hr. effective 8-9-82, termination Oct. 1, 1982 Ron Mox, Motor Patrol Officer V/Over, Police, 0% to 1% longevity, $12.45 to $12.57 per hr. Gregory B. Finke, Equipment Maintenance Officer V/Over, Fire, 0% to 1% longevity, $9.61 to $9.77 per hr., effective 8-2-82 Raymond A. Grahn, Firefighter L to Firefighter II, Fire, $7.63 to $8.08 per hr., effective 7-12-82 MEMO FROM PERSONNEL DIRECTOR RE CHIEF OF POLICE POSITION Clerk read memo from Personnel Director re qualifications and salary range for advertising for the above position. Discussion centered around the annual salary to be used for this purpose. Salary range was proposed to be $36 - $42,000 annual. Commissioner Swanson stated he would like to have a study session with Mr. Tiberio and Commissioner Stewart stated he felt the current salary was adequate to start advertising, increase if no acceptable applicants at the lower range. Mayor Nelson stated he wanted to be able to advertise for a highly qualified person and felt that further study on this issue would be appropriate. Motion by Mayor Nelson and Commissioner Swanson to postpone a decision in this matter for one week pending further review, carried as follows: Mayor Nelson, yes; Commissioner Stewart, no; Commissioner Swanson, yes. MR. GARY BLANKENSHIP - PSNS FLOAT COMMITTEE Clerk read letter from Mr. Blankenship requesting an extension for use of the old fire station building for purposes of storage and maintenance of the PSNS float. Mr. Blankenship displayed three trophies won by the entries and stated they would be entered into the Seattle Torchlight Parade, August 6th. Discussion followed regarding the storage of rock salt in the bay areas and it was felt that in August the Capital Hill Fire Station would become available for float storage and this would not conflict with the salt storage. The matter of utilities was discussed and felt this should be a cooperative situation with the Railroad Club who was renting a portion of the building as well. City Commissioners Meeting July 27, 1982 Page Two JOHN DENNING - DISCUSSION RE AMUSEMENT DEVICE ORDINANCE Mr. John Denning, Westpark ~anes Manager, discussed in some length the costs involved in running an amusement center and some of the various areas in which they offer programs to Seniors and Juniors which are not revenue generating, and that the 4% tax on the amusement devices will be a deterent for them offering some of the discount programs as they have in the past. His letter is on file in the Clerk's office. KITSAP TRACK CLUB ANNUAL STREET RUN Clerk read a letter from the Kitsap Track Club requesting some assistance for the Run scheduled for Saturday, August 21st at 6:20 P.M. This would be assistance in traffic control in the area slated for the run. Motion by Mayor Nelson and Commissioner Swanson to approve the Street Run and Assistance as requested, carried unanimously. JENSEN ADDITION WATER DISTRICT Clerk read letter onjbehalf of the Jensen Addition Water District stating they would like to'begin negotiations with the City to: 1. City acquire ownership of all water district capital facilities; 2. City to assume water district cebt, with provision for water district customers to provide sufficient revenue through their water rates to ammortize the debt. 3. Dissolution of the water district. Commissioner Stewart stated at present the City is doing the billing for the district at a 75¢ per customer fee as well as any delinguent charges. He did not want this debt to be carried by all the City customers. Mayor Nelson felt it would be appro- priate for Commissioner Swanson to meet with the district and report to council in one month. LETTER FROM MAX JOSEPHSON RE ANIMAL CONTROL SHELTER Clerk read letter from Mr. Josephson stating his opposition to establishing an animal shelter in the proposed Capital Hill Fire Station location. Mayor Nelson stated that there would be many meetings held with the Advisory Committee and the neighbors in order for everyone to have their input. This will be on file. 10:00 A.M. PUBLIC RECOGNITION Clyde Pachek, 1136 N. Montgomery, stated he was in support of the proposed noise ordinance. He discussed a specific dog barking problem he was experiencing and played a portion of a cassette tape of the barking. Mayor Nelson stated that concentrated patrol- ing efforts on behalf of the animal control had been made and the violating dog had been impounded Tape 268 Mary Lou Long, stated that the above complaint was a good example Side 2 why a strong noise ordinance was necessary. She then stated she #0007 was concerned over lack of interest in the filings for the council positions and felt the City should have done more publicity in this issue. Mayor Nelson replied there had been three persons file on Monday for the council positions and one for the position of Mayor. Harry Jens, asked about a map showing the newly formed precincts. Kathleen Mandio, Clerk, responded that sucha list is in her office. Commissioner Swanson stated that Engineering has these maps which they will print for a small cost. Joe W. Gaskill,222 Snyder, was in support of the proposed noise ordinance. He stated he was bothered with loud music in his neigh- borhood. City Commissioners Meeting July 27, 1982 Page Three PUBLIC RECOGNITION CONTINUED: Ann Uhlbright, 1048 Fourth, stated she is in support of the noise ordinance and felt it should be 24 hours a day. She related a problem of loud music being a complaint in her area. John Davy, 1139 Rainier, asked council to consider in the noise ordinance the noise made by loud automobiles and screeching tires, etc. He also inquired into the fireworks ordinance. James D. Bell, 222 FirSt, supported the noise ordinance. He asked about enforcement of "cruisers" as well as yelling and loud conduct of persons going through the city streets in the early morning hours. Mrs. Roselyn Fruge, 621 Pennsylvania, stated she was in support of the noise ordinance. She has had a constant complaint over 17 years of barking dogs in her neighborhood. Patricia Gehring, 320 Pine Road, asked if music levels will be required to be measured under the new ordinance. She also dis- cussed complaints regarding barking dogs. Vernon Bouton, 2960 Rickey Road, discussed enforcement of the noise ordinance and his support. Elizabeth Archibald, 1348 Warren, discussed the problem of loud music in her neighborhood and the procedure for filing complaints. Mary Lou Long, stated a lot of citizens had complaints regarding noise but that testimony indicated that enforcement had also appeared to be a problem. This was discussed by the Commissioners in some length. 10:55 A.M. - 11 A.M. RECESS 11:00 A.M. - HEARING Gerald E. Schlie, Architect, Rezone R-1 to R-2, and Change in Land Use Restrictions Clerk stated that this hearing had been posted and advertised according to law. The applicant was requesting to construct seven continuous townhouse units (in conjunction with seven similar units on adjoining R-2 zoned parcel, for a total project of 14 contin- uous townhouse units.) Advisory ballots had been sent with 8 returned, 1 yes and 7 no. The Change in Land Use Restrictions was requested in order to construct 7 units rather than 5 on the R-1 parcel, as previously authorized by a 1979 rezone. Kay Wilson, Asst. Planning Director, reviewed the Planning Comm- ission recommendations of approval, with conditions, as listed in Res. No. 643. It was their recommendations that the total number of units be limited to 12 rather than 14. Gerald Schlie, Architect for project, outlined the proposed site plan. They would be three-bedroom units, approximately 1000-1200 square feet, with two parking spaces per unit. There would be six units per structure, one structure~per parcel, joined at center to become one unit. As proposed, the setback requirements would be over minimum as well as parking spaces. The applicant had agreed to provide curbs, gutters and sidewalks along East 30th and to participate in the widening project of Rickey Road. The storm sewer requirements and easements were discussed. City Commissioners Meeting July 27, 1982 Page Four SCHLIE HEARING CONTINUED: Harry Jens, questioned the adequacy of a 20' roadway in relation- ship to ~ire safety and emergency vehicles. Ms. Wilson stated this requirement had Fire Department approval. Vernon Bouton, 2960 Rickey Road, stated he was opposed to original request for seven units in 1980, and was against the request again. He stated five had been granted and felt that was sufficient. He was concerned about density but did feel townhouses would be better than duplexes. #1960 Ernie Perez, 7236 Clover Blossom Lane, owns property directly SE of subject property. He discussed road easement as well as storm drainage easement. He stated the easement for the storm drainage was drawn up to include only one of the proposed parcels, and felt it would be illegal to be used by the adjoining parcel. He en- couraged a legal opinion in this regard. C. L. Woods, 308 East 29th, stated the storm sewer for his area is not adequate and he was against the project. mrs. Bouton, stated she also objected to the density stating it was out of character with the neighborhood. She would go along with five units rather than six. Commissioner Stewart felt a legal opinion was necessary regarding the easement issue. Commissioner Swanson stated the storm water issue should be studied further. Mayor Nelson there were several areas to be addressed. He compli- mented the architect on the proposed project. He would like to receive a legal opinion regarding the easement, have the storm drainage problem addressed as well as the drainage situation on East 29th. Motion by Commissioner Stewart and Mayor Nelson to continue the hearing for one week, carried unanimously. #2702 PROPOSED RESIDENTIAL TOWNHOUSE (RT) ZONE CONTINUED HEARING Clerk stated a telephone message had been received in support of the proposed RT zone from Kitsap County Home Builders, signed by Spencer Horning. #2718 Kay Wilson, Asst. Planning Director, reviewed memo of 7-27-82 from the Planning Department listing certain changes be considered: The following are those recommendations: New Section - Lapse of Approval, New Section - Bonds; and New Section - Violations. Tape #269 N__orm Walton, 2518 No. Wycoff, stated he felt this would create Side #1 spot zoning and was not in favor of the proposition. #0010 Mary Lou Long, was not in favor of the proposition feeling in ~, #0384 would create high density in R-1 neighborhoods. Motion by Mayor Nelson and Commissioner Stewart to adopt the proposed Residential Townhouse (RT) Zone with stipulations as presented (see attached), carried unanimously. #0650 GRANT AWARD - PARKS DEPT. Clerk read memo from Parks Supt. stating they were receipients of $2500 grant from Wells Fargo Bank toward the purchase of a Wells Fargo Fitness court to be located at Lions Playfield. Total cost of the project is $6750, Bremerton Lions Club is donating $4250 and $1000 will be from the Parks Facility Construction Fund. City Commissioners Meeting July 27, 1982 Page Five BID AWARDS M'otion by Commissioner Stewart and Mayor Nelson to approve the bid awards as listed below, carried unanimously: 1981 Heavy Duty Cab & Chassis - Dick Boyles Chevrolet, low bidder. 8' Belt Discharge Elevator - Sahlberg Equipment, sole bidder. Self-container Hopper-type Utility Spreader (salt machine) - Sahlberg Equipment low bidder. Wire-Line Carrier Equipment -. GTE Lenkurt, sole bidder. BUSINESS LICENSE REPORT - JULY Business license report'for July was presented and will be on file in the Clerks office. PROPOSED TWIN LAKES PUMP STATION - ELECTRIC SERVICE COSTS Clerk read letter from Puget Power indicating total charges for electric services to the above site would be $11,860. This was read for information purposes. Morrie Dawkins, questioned the need for the pump station, now that the rainy season would soon be here. The commissioners indicated their support of the project. CLAIM FOR DAMAGES - SHAIN HAMILTON Clerk presented Claim for Damages on behalf of Shain Hamilton in the estimated amount of $331.68. This has been sent for depart- ment report. RESOLUTION NO. 1946 - CITY CHARTER AMENDMENT RE CITY ATTORNEY Clerk read RESOLUTION NO. 1946 declaring that the Commlssioners of the City of Bremerton are desirous of submitting an emendment of the City Charter to the electors to be voted upon at the Nov. 2, 1982 general election. Mayor Nelson stated he would like to amend the third line of the ballot issue to read "such assistants as the budget will allow" Motion by Mayor Nelson and Commissioner Swanson to approve Res. No. 1946, with amendment, carried as follows: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. RESOLUTION NO. 1947 - REVISION OF EQUIPMENT RENTAL FUND RATES Clerk read RESOLUTION NO. 1947 revising the rates of Equipment Rental Fund and superseding the rates established by Res. 1875. Motion by Commissioners Stewart and Swanson to approve Resolution No. 1947 as presented, carried as follows: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. #0975 NOISE ORDINANCE - 1st reading Clerk read AN ORDINANCE regulating noise levels by setting maxi- mum permissible noise levels, defining methods of determining such noise levels, and declaring noise levels in excess of the permissible maximum to be a nuisance. Discussion followed regard- ing areas of addressing the minimum fine, second offense minimum fine and administrator of noise control ordinance. Motion by Commissioner Stewart and Mayor Nelson to approve on first reading, with the following amendment: The minimum fine shall be $500. with a maximum suspensio~ f $400; second offense minimum fine shall be at least $500 and none suspended; that the enforcement officer shall be the Mayor or his designee, carried as follows: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swan- son, yes. City Commissioners Meeting July 27, 1982 Page Six ORDINANCE NO. 3718 -AMUSEMENT DEVICE, 2nd reading Clerk read Ordinance No. 3718 amending Ord. No. 3669, to pro- vide for an Amusement Device Owner's License, to be determined by the gross revenue of each amusement device. MotiOn by Mayor Nelson and Commissioner Stewart to pass on second reading carried as follows: Discussion: Mary Lou Long, stated she feels this is a discriminatory tax. #1297 Mike Denton, asked council to postpone vote for one week as he would like to bring his Profit and Loss Statement and his Account- ant to discuss this further with the commissioners. Mayor Nelson read articles to the commissioners regarding the #1410 history and growth of amusement arcades and various comments from relating to the successes of those investing in this bus- iness concern. Mike Denton, stated there is always a success story in every business but what about the failures. Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, no. ORDINANCE NO. 3719 - REPEALS ORD. 749 RE FOOD ESTABLISHMENTS, CIGAR STANDS AND CARD TABLES, 2nd reading Clerk read Ordinance No. 3719 repealing Ord. No. 749 as amended, which regulates food establishments, cigar stands and card tables. Motion by Mayor Nelson and Commissioner Stewart to pass on second reading, carried as follows: Mayor Nelson, yes; Comm- issioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE NO. 3720 - UNLAWFUL ISSUANCE OF BANK CHECKS PENALTY Clerk read Ordinance No. 3720 amending Ord. No. 3529, S. 2, Article 4(d) by adding a new section describing the crime of Unlawful Issuance of Bank Checks and by establishing a penalty. Motion by Commissioners Stewart and Swanson to pass on second reading, carried as follows: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. ~SDINANCE NO. 3721 - ELECTRICAL CODE FEES, 2nd reading Clerk read Ordinance No. 3721 amending Ord. No. 3633 to adopt state mandated electrical code fees and provisions. Motion by Mayor Nelson and Commissioner Stewart to pass on second reading, carried as follows: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. Commissioner Swanson stated that he would like to propose that the City review the possibility of withdrawing from the service of issuing electrical permits and doing investigations. Allan Kane, City Engineer, stated they were in receipt of a letter from Labor & Industries indicating there were provisions in the RCW for municipalities to withdraw offering this service and have it revert to the State. Motion by Commissioners Swanson and Stewart to repeal prior ordinances relating to electrical inspection code and have the services returned to the State: City Commissioners Meeting July 27, 1982 Page Seven ELECTRICAL CODE ORDINANCE DISCUSSION CONTINUED Mr. Elvin Page, City'EleCtriCal Inspecto~','discussed areas of his concern with the council, regarding conduit and conductors in commercial buildings, comparing State and City requirements. Question called on the motion: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. AMUSEMENT TAX DISCUSSION Clerk asked council for direction regarding the charge of $25.00 for location license, which has been levied and paid by some users. It was council direction that a credit would be issued the next quarter for 3/4 of the fee, to those having paid the charge. BILLS: Motion by Mayor Nelson and Commissioner Swanson to approve Special Voucher #4834 in the amount of $804.17 and Regular Vouchers #04839 - #04953 in the amount of $162,077.83; and Salary Claim in the amount of $196,027.49 and FICA Claim in the amount of $9913.50, carried unanimously. LETTER IN SUPPORT OF BREMERTON HOUSING AUTHORITY Clerk read a letter in support of the return of the Bremerton Housing Authority to the control of the previous board which had previously been appointed by the City Commissioners. There were thirteen signatures on the letter. PETITIONS RE BUS BENCH ON 2500 NORTH PERRY AVENUE Clerk stated she was in receipt of five signed petitions and three individual letters, requesting Bremerton Transit to establish an official bus stop near the medical offices on Perry Avenue (2500) block. This is a frequently used stop area and a bus bench would be desirable. Commissioner Stewart indicated this should be forwarded to Mr. Cole of BCT for his review and reco- mmendations. PARKING METER HOODS ORDINANCE Clerk stated there was a discrepancy in the ordinance that she wished to have clarified prior to publishing. The term"purchase" to be replaced with "rent" as it was not the intention of the council to sell. Motion by Mayor Nelson and Commissioner Stewart to amend the ordinance to reflect this change, carried unanimously. LETTER FROM MR. & MRS. ADRIAN Clerk read letter of support to the noise ordinance from Mr. and Mrs. Adrian. PARKING METER HOOD Mayor Nelson stated that a certain individual has been renting a meter hood for some period of time at the higher rate, and that this ordinance should have gone into effect some time ago. There- fore, he would like to reduce his payments to the rate as shown in this ordinance, for that period of time. Motion by Mayor Nelson and Commissioner Stewart to prorate the rental fee to $1.50 per day, with approval of the City Attorney, carried unanimously. City Commissioners Meeting July 27, 1982 Page Eight COMMISSIONERS REPORTS: Commissioner Stewart'~iscussed with the City Clerk, the status of the municipal court and sewer audits, he requested and report on both. City Clerk discussed with the Council the possibility of schedul- ing future hearings at 1:00 p.m. on Tuesday in place of the 10:30 time. It was felt that if Council meetings were running longer than usual, this would allow for a lunch break between 12 - 1 p.m. The commission concurred. Meeting adjourned at 2:10 p.m. KATHLEEN L. MANDIO, City Clerk APPROVED: GENE NELSON, Mayor Tape #269 Side #1 #2178