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HomeMy WebLinkAbout03/02/82 #2so'" COUNCIL S _de APPROVFD #o6s g lgSco MA~CH 2~ 1982 Regular meetin~ of the City Commissioners of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, March 2, 1982 at 9:00 a.m. with Mayor Gene Nelson presiding. Also present were Commissioners Bob Stewart, Tom Swanson, City Auditor Bob Dantini and City Attorney Bill Broughton. City Clerk Kat~leen Mandio was absent as she was out of state on vacation. The meeting wa~ opened with the Pledge of Allegiance and the Invoca- tion was given by Pastor Robertson of the Emmanuel Apostolic Church. MINUTES OF FEBMARY 23, 1982 Commissioner S~art stated that he would like the minutes to be amended to reflect a.complement to the Mayor for his idea and reco- F~endation of g~ing for insurance bid proposal which netted the City a savings ~f approximately $78,000. Motion by Commissioners Swanson and Stevart to approve the minutes as amended, carried unanimously. NOTICES OF EMPL~TMENT, CHANGE OF PAY STATUS, SEPARATIONS Joan V. Larson, $'easonal Office Asst. Personnel/Civil Service, $5.00 per hr., effective 3-2-82, approximately 16 hrs. per week Dorothy Smith, Part-Time Extra Labor, Planning Dept., $7.25 per hr., effective 3-3-~2 Teri L. Barry, ~mporary Office Asst/Legal, City Attorney, $6.50 per hr., effective 2-23-82 Mary Lou Ulin, Confidential Secretary, Clerks Dept., $7.29 per hr., effective 2-24-82 Randy D. Stoltz, Operation I, Wastewater Facilities, from 7B to 7C, $7.29 to $7.51 per hr., effective 3-3-82 Joe Roozen, Battalion Chief, Service Retirement eCfective 3-28-82 Mary Lou Ulin, Temporary, to C/S eligible, effective 2-23-82 Motion by Commissioners Swanson and Stewart to approve the Notices of Employment, Change of Pay Status and Separations as presented, carried unanimously. #0730 TOM FORD, SUPS. OF PUBLIC SCHOOLS Mr. Tom Ford, Superintendent of Public Schools presented a placque to Mayor Nelson on behalf of the School District for his efforts and support of the last major school levy campaign. #0800 LID TASK FORCE COMMITTEE REPORT Mr. Gene Kennedy, Chairman of the Redevelopment Task Force Committee, presented an updated report on the activities of the Committee. The Committee had unanimously decided in favor of three local firms, to work in concert with the Task Force and land owners to define and develop the specific elements of the Bremerton Downtown LID. Those firms are: Parametrix, Inc., for engineering services; Raymond A. Richards & Assoc. for appraisal services; and Designs Northwest, for architectural services. Commissioner Stewart inquired regarding a feasibility study for this project and Mr. Kennedy replied it would be 4-6 weeks for this de- termination. Commissioner Stewart commended Mr. Kennedy on his efforts in obtaining support from various downtown firms for this project, stating he was very impressed by these committements. CLAIM FOR DAMAGES - VZP RESTAURANT Mr. Dantini presented a Claim for Damages on behalf of the VIPs Restaurant in the amount of $47.25 for plugged sewer line and standby time. This has been sent for department report and will be forwarded to the insurance company. City Commissioners Meeting March 2, 1982 Page Two MEMO FROM AMBULANCE COmmITTEE Mr. Dantini read a memo from the Ambulance Committee requesting the ambulance ordinance be amended to change the quarterly meetings to annual meeting and on the basis of membership be changed that the Director of ER or his/her designee and the Administrator of the hospital or his/her designee, be substituted for two duly licensed physicians. Motion by Mayor Nelson and Commisstioner Stewart to approve the changes as presented, carried unanimously. LEASE FOR SHARP COPIER - CITY ATTORNEY Mr. Dantini presented a Lease for Sharp 850 Copier to be used in the City Attorney's office. Lease rate is $166.04 per month for 58 months. Motion by Mayor Nelson and Commissioner Stewart to approve the Lease as presented, carried unanimously. CHANGE ORDER #3 - LIONS PLAYFIELD CONTRACT #2156 Mr. Dantini presented Change Order #3, Contract #2156 in the increased amount of $7914.74, for approval. Mr. Kane, City Engineer, explained the increase was due to unforeseen spring water activity encountered in the construction requiring 360' of D.I. pipe andmiscellaneous equipment and labor. Commissioner Stewart discussed with him the type of pipe and filtering System used. Motion by Commissioner Swanson and Mayor Nelson to approve the increased Change Order #3, as presented, carried unanimously. IN-HOUSE TRAINING - DATA PROCESSING Mr. Dantini ~ead memo from Dick Hurley requesting approval for in- house computer training for three staff members, at a cost of $3384. Commissioner Stewart discussed the merits and cost-savings involved in this request over other methods possible, and stated they are looking for other businesses to send students and share the cost. Motion by Commissioner Stewart and Commissioner Swanson to approve the request with attorney's approval, carried unanimously. MEMO RE WEST SIDE FiRE STATION Mr. Dantini read a memo from Chief Meigs requesting Council enter into a contractual agreement with Granquist Construction immediately for the construction of the new west side fire station on the basis that alternative financing has been obtained in lieu of the general obligation bonds as previously set forth. Motion by Mayor Nelson and Commissioner Stewart to award the contractuaral agreement to Granquist Construction for the construction of the new west side fire station on the basis of obtaining the short-term financing in lieu of general obligation bond funding, carried unanimously. MEMO FROM PD RE PHONE BOOTH & INSTALLATION OF AWNING OVER GAS PUMPS Mr. Dantini read a memo from Acting Chief, Don Cudiff, requesting removal of an old phone booth in the area of the gas pumps in the back of the building. Also requested was the installation of awning over the gas pumps to serve as weather protection for the officers. Motion by Mayor Nelson and Commissioner Stewart to approve the removal of the booth, carried unanimously. Discussion followed regarding the gas pumps and awning. Acting Chief Don Cundiff discussed the various locations the city has for~gas pumps at the present time and the feasibility of eliminating and combining space was discussed. This awning request was tabled for the present time in order to have a further study made and report be given to the council. City Commissioners Meeting March 2, 1982 Page Three 9:30 A.M. SPECIAL RECOGNITION Mayor Nelson presented a special letter of commendation to Janet Slader and Teresa Kardell for their part in a life-saving effort displayed on February 22, 1982. He complimented the girls for their maturity and quick summation of what was needed to be done immediately in obtaining emergency support. Mayor Nelson then presented a special letter of commendation to Ken Lutrell and Ty Simmons for their life-saving efforts in rescuing a woman from the narrows on February 22, 1982. They were complimented on their maturity and quick decision in rescuing the woman from the water. Commissioner Stewart and Commissioner Swanson expressed their appreciation for the quick action and concern of all the youth involved. Mayor Nelson stated the four youths would be given a tour of the Fire Station and Police facilities. COmmissioner Stewart said they were welcome to tour of his facilities and Commissioner Swanson extended them an invitation to tour the watershed lands. PUBLIC RECOGNITION Mr. Check McEdwards, presented plans and gave a presentation to the Council on his proposed ideas regarding downtown redevelopment, traffic flow, parking and several other ideas. He was encouraged to participate in future Task Force meetings to be held in the future. Mary Lou Long,discussed the freeholders election, the charter amend- ment and the need to give factual information to the public. She questioned the costs involved to hold the election for these issues as well as the boundaries as set forth for the precincts. Mrs. K. Penlan, 630 Bertha, supported the integrity of the present commissioners and her support of the need for a freeholders election. Mrs. Ruth Davy,stated she feels it is a priority of the commissioners to follow the mandate of the people as set forth last November. Mrs. Elizabeth Buhl, is in favor of the freeholders election and disagrees with Mrs. Davy. Shirley VanHoover, read into the record, comments made by Doug Hicks of KBRO dated February 23, 1982 called "Legislative Responsibility". It was stated the community was sold on the "emotional" rather than the "technical" need for a change. Mr. Ollie Helms, wanted to go on record as being in favor of the freeholders election. He was not in favor of a nine member council, felt that five would be more appropriate. Mrs. Joyce Sisk, stated she felt the council members were doing a fine job. City Commissioners Meeting March 2, 1982 Page Four PUBLIC RECOGNITION CONTINUED: Mary Lou Long, stated she was sorry to see the integrity attacked of the gentlemen who prepared the charter amendment. She feels the information they received was incorrect from the County Auditor's office. Commj. ssioner Stewart stated that this council has never made any attempt to thwart the attempts of that committee, that the Clerk's office did everything possible to help with their efforts. Commissioner Swanson stated he feels the City Charter is a very important issue and should not be buried on the ballot with any other item, that it deserves to be a separate issue for the consider- ation of the citizens and encourages the election to be held in May. 10:30 A.M. HEARING - THOMAS & MARY LOU LONG VACATION OF RIGHT-OF-WAY FORD AVENUE Mr. Dantini stated this is a request for Vacation of Right-of-Way on behalf of Mr. & Mrs. Long of a 20' x 175' portion of the west side of Ford Avenue starting approximately 300' north of 19th Street. The purpose of the vacation is to provide buildable area for parking for two duplex structures currently under construction on adjacent lots and to allow control of landscaping. Kay Wilson, Asst. Planning Director, described the site in more detail in addition to other situations incurred since building permits were issued by the Building Department. She stated that at time of constructionr it was determined the slope of the hill was quite steep and it was graded thus eliminating the area supposed to be allowed for parking. The duplexes had to be placed lower than the road thus requiring a retaining wall be built. This was done situat- ing it in the city right-of-way, with city enginee~hg approval. The neighbor at the end of the road has stated he would like to short- plat his property and has no other access than off the end of Ford Avenue. This situation would set a precendent for all other street vacations. Planning Commission recommended only the southerly portion be vacated and the Long's be required to give a 5'road width easement to the City for fire access. Mr. Dantini read a letter into the record from Mr. & Mrs. Omaits objecting tothe complete vacation of the street. #2393 Mary Lou Long, stated they had ran into problems when constructing the duplexes and were asking for a right-of-way vacation instead of asking for a setback or variance. She-stated with the construct- ion of the retaining wall, it would make it a little difficult for the neighbors to gain access to their property. She felt the Engineering Department was deliberately blocking their construction as they had issued two stop-orders, until they had satisfied their Side 2 needs for a retaining wall. #0009 Commissioner Swanson explained to Mayor Nelson that the retaining wall was built for the protection of the property owners on the uphill side without the applicants acquiring the land or obtaining ease- ments from these people. To allow this to be done has been a standard policy of the City for many years. We still have the option to go in and retain the use of the ROW. City Commissioners Meeting March 2, 1982 Page Five LONG RIGHT OF W~X IIEARING CONTINUED: Alan Kane, City Engineer, explained that what we are doing is to allow the Long's to utilize the ROW; we still have the option to manage it. The necessity of tile retaining wall was due to the development of the property was not done in a manner consistent with what they said they were going to do when they took out permits. Elevations were considerably lower then what they were to be initially. lie did not feel their plan was well thought out or explained. The excavation done was threatening to harm property on the other side. If the retaining wall were built on the property lime it would have been several feet higher. Mr. Bogard, adjacent property owner, told how the original plat owners had received the 30' out of the street. He stated the contractor had no alternative but to build where he did. #0472 Mr. Frank Omaits, 2067 Lafayette, abuts the property to be vacated. He stated the retaining wall is about 5½ feet from his property, He objects to the vacation of the street mainly because of his statement in the letter. He is concerned about fire control access. He stated if he had been contacted he would have allowed them to build on his property line. A1 Jensen, 2003 No. Lafayette, has property abutting the southerly ~tion of the land the Long's wish to have vacated. If the ROW is granted he will no longer have access to the rest of his property and will be unable to short-plat his property because of no.~access. City Attorney Bill Broughton stated access could be granted through the right of way with an easement to him for access. Mr. Jensen stated the original retaining wall improvements at the end of the street were doneby a Mr. McCormick, about eight y~ars ago. Mr. Bogard, described how the property was platted some time ago before the Long's purchased the property and how the law returning the 30' of right of way was exempt from their plat. Mr. Thomas Long, described the nature of their intent in construct- i'Kg the duplexes on the property and stated they had no previous contact regarding possible access. Commissioner Swanson stated it appears we are approaching the problem from the basis this is the only solution and asked Ms. Wilson to describe other alternatives. Kay Wilson stated the city requires the property owners to provide adequate parking spaces and the Long's could meet this requirement if cars parked parallel on Ford Avenue, but they would also be re- quired to provide adequate turn-around. She explained they had an alternate route, applying for a variance, and explained the process to the council. Motion by Commissioners Swanson and Stewart to refer'the application ~o the Planning Commission for further evaluation and consideration of review, with no action taken at this time. City Commissioners Meeting March 2, 1982 Page Six LONG HEARING CONTINUED: Discussion: Commissioner Swanson stated our own departments recommended denial, but there is a way to resolve it to everyone's satisfaction. Alan Kane stated one of the alternatives is to provide parking where it is shown on the plan, below the duplexes. Vote on the motion, Mayor Nelson, no; Commissioner Stewart, no; Commissioner Swanson, yes. Motion by Commissioners Stewart and~wanso~ ~ to extend making a decision on the hearing at this time and to allow the Long's two weeks time in which to obtain a signed petition for a variance from the neighbors, carried as fol-lows; ~"_~ayor Nelson, no; ~ssioner Stewart yes; Cc~missioner Swanson, yes. #1510 MEMO FROM COMMISSIONER SWANSON RE GARBAGE SERVICE Mr. Dantini read a memo from Commissioner Swanson regarding complaints received over billing of garbage services not rendered during the recent snow storm. Commissioner Swanson stated that all depart- ments of the City had been working during that time as well as EMT. If they were unable to work during that time, then he did not believe they should charge for unrendered services. Motion by Commissioner Swanson and Mayor Nelson to have a letter sent on behalf of the council, directing Brem-Air to reconsider this policy, carried unanimously. MAIN REPLACEMENT - FRONTAGE ROAD/STATE HWY #3 Mr. Dantini read a memo from Water Superintendent requesting approval to advertise as a work force account, the replacement of approxi- mately 586' of 4" galvanized watermain on Frontage Road and State Hwy #3 due to age. Estimated cost of said project would be $10,488.13. Motion by Commissioners Swanson and Stewart to approve the request and publish as a work force account, carried unanimously. MAIN REPLACEMENT - BIRCH AVENUE WEST Mr. Dantini read a memo from Water Superintendent requesting approval to advertise as a work force account, the replacement of approxi- mately 400' of 2" galvanized watermain on Birch Avenue West, between State Highway #3 and Frone drive due to age. Estimated cost of said project would be $6,303.88. Motion by Con~missioners Swanson and Stewart to approve the request and publish as a work force account, Side #2 carried unanimously. #1566 REQUEST FOR EXECUTIVE SESSION Mr. Dantini stated that Mr. Tiberio, Personnel Director, had requested a time be set for an executive session to discuss labor negotiations for non uniform employees. A time of 1:30 p.m. today was set to be held in the Mayor's office. QUARTERLY NIGHT MEETING SCHEDULED ~tion by Mayor Nelson and Conunissioner Stewart to set the quarterly night council meeting for March 30, 1982 at 7:00 P.M. in the Council Chan~Ders, carried unanimously. PROCLAMAT ION Mr. Dantini read a proclamation setting forth the week of March 7 through March 20, 1982 as Girls Week in the City of Bremerton. City Commissioners Meeting March 2, 1982 Page Seven ORDINANCE RE D & D INVESTMENTS, for first reading Mr. Dantini read AN O~D'~A'~'CE amending the use and area maps of Ordinance No. 1792 as amended (D & D Investments) rezone from R-1 to R-2. Motion by Commissioner Stewart and Mayor Nelson to approve on first reading, carried as follows: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. #]715 ORDINANCE NO. 36~4, FREEHOLDERS ELECTION, for second reading Mr. Dantini read Ordinance No. 3684 providing for the election of fifteen (15) Freeholders of the City of Bremerton Eor the purpose of altering, revising, adding to, or repealing the existing City Charter for the City of Bremerton, and providing for an effective date. Motion by Commissioners Stewart and Swanson to approve the Ordinance on second reading. Discussion: Mary Lou Long,.requested Mr. Dantini read the Ordinance in full context so that she would have all the full and factual information. She feels more facts should be given to the people informing them of the change, that the council has deliberately set out to confuse the people. Ruth Davey, thanked Mrs. Long for her emotional display over her liberty and justice for all. Expressed her feelings to the council over the ballot issue waiting until November and stated she would not spend any more money in this community. Mrs. K. Penman, stated she has been involved in community affairs for some time and is in favor of the freeholders election. She stated people make a mistake sometime and should be able to learn more about the issue before they vote again. Shirley VanHooverL stated she felt that contrary to taking away the right of the people, we are extending them the right to vote again. Comaissioner Stewart said all changes have to be approved by the voters and the best way is to let the people make the decision. Commissioner Swanson cited a classic example of right of the people to change their minds would be the ERA force and its decline. He feels the City Charter is important enough to be handled on a separate ballot issue. Carried as follows: Mayor Nelson, no; Com/nissioner Stewart, yes; Commissioner Swanson, yes. RESOLUTION NO. 1923 RE FREEHOLDERS ELECTION DATE Mr. Dantini ~'6ad A RESOLUTION requesting the call of a special Municipal Election to be held on May 18, 1982, for the submittal to the Electors of the City of Bremerton, a proposition to create a Board of fifteenl(15) Freeholders, to alter, revise, add to, or to repeal the existing charterof the City of Bremerton. Motion by Commissioners Stewart and Swanson to approve Resolution No. 1932 as read, carried as follows: Mayor Nelson, no; Commissioner Stewart, yes; Commissioner Swanson, yes. City Conunissioners Meeting March 2, 1982 Page Eight BILLS & WARRANTS Motion by Commissioner Stewart and Mayor Nelson to approve Retirees Payroll in the amount of $39,21].92; Special Warrant Register #1989 - #1991 in the amount of $4946.66 and Regular Warrants #01997 #02116 in the amount of $170,685.81, carried unanimously. MEMO FROM THE MAYOR RE HU[~NE SOCIETY Mr. Dantini read a memo from the blayor stating that presently negotiations are in progress for a possible agreement with the Kitsap County Humane Society for services on animal control. Also requested was claim in the amount of $2,493.90, Contract #1700, be approved for payment. Motion by Commissioners Stewart and Swanson to approve payment of the claim~he amount of $2,493.90, carried unanimously. / #2200 LEASE FOR CITY ATTORNEY OFFICE SPACE/ Mr. Dantini presented a Lease for office space for the City Attorney's office for approval. The base fee for rent is $200.00, plus tenant maintenance fees, not tO exceed a total monthly of $250.00. Motion by Commissioner Stewart and Mayor Nelson to approve the Lease as presented, carried unanimously. COMMISSIONERS REPORTS: Commissioner Stewart reported a 36.7% cost increase for the month of January. He also discussed the bad check policy. Commissioner Swanson stated the Water Department is still flushing mains on the east side and thanked the press and media for inform- ing the public. Meeting adjourned to Executive Session to be held at 1:30 P.M. 12:40 P.M. ROBEKT P~D/AN~CITy AUDITOR in the absence of Kathleen Mandio, City Clerk COUNCIL APPROV D ape #25o side #2 MAR 9 1982 #2323