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HomeMy WebLinkAbout03/10/81 - COUNCIL APPROVED CITY COMMISSIONERS' MEETING MINUTES MARCH 10, 1981 Regular meeting of the City Commissioners of the City of Tape 210 Bremerton, Washington, was held in the Council Chambers at Side A City Hall, 239 Fourth Street, on Tuesday, March 10, 1981 at 768 9:05 A.M., with Mayor pro tem Bob Stewart presiding. Also present were Co~mnissioner Swanson, City Clerk Mandio, Asst. City Attorney Ryan, and representatives of the press and radio. Mayor Jarstad's absence was due to attendance at a meeting in California. Meeting was opened with the Pledge of Allegiance and invocation was given by Jack Duerksen, minister for the First Church of the Nazarene. MINUTES OF MARCH 3~ '1'981 M6tiOn by Commissioner Stewart and Commissioner Swanson to approve the minutes as presented, carried unanimously. CHANGE OF PAY STATUS Judy M. Bailey, Data Processing Department, from Provisional to Appointment Data Entry Opr. Sr., no change in pay $6.29 per hr., effective 1-12-81. Ronald Theodore Miller, Parks and Recreation Department, from 7A to 7B, $7.08 to $7.29 per hr., effective 3-3-81. Randy D. Stoltz, Wastewater Facilities, from 7A to 7B, $7.08 to $7.29 per hr., effective 3-3-81. Ken Donleycott, Water Department, from 9D to llA, $8.80 per hr to-$9.06'per hr., includes 1% longevity, effective 3-2-81; Promotional. Jim Meek, Water Department, from 7C to 9A, $7.51 per hr to $7.97 per hr, effective 3-2-81; Promotional. Earl Varner, Water Department, from 9B to llA, $8.21 per hr to $8.97 per hr, effective 3-2-81; Promotional. Motion by Commissioners Swanson and Stewart to approve the Change of Pay Status Requests, carried unanimously. GENERAL LICENSE APPLICATIONS Clerk read request for application of Music Machine License by the Village Tavern, 2810 Kitsap Way; and application for Tax±cab driver license requested by Viva Ellen Meigs, 891 S.W. Miller Rd., Port Orchard, Washington. Motion by Commissioners Stewart and Swanson to approve the above application requests, carried unanimously. CONTRACT #2021 - CHANGE ORDER #3 - 6TH AND CALLOW Clerk read memo from City Engineer regarding purpose of this Change Order to construct new sidewalks on the east and west sides of Callow from 6th Street south to the crosswalk which will remove all existing pedestrian tripping hazards. This project is financed through the UAB, with matching monies being provided from Fund 101. Motion by Commissioners Swanson and Stewart to approve this request, iV the amount of $8,572.00, carried unanimously. CONTRACT #1888 - 4TH & .~PARK - 4TH & PACIFIC Clerk read memo from Asst. City Engineer R. G. Frisbie, stating that the work on the above subject contract has been completed by General Services Electric, and recommended the job be accepted as complete for the purposes of operation and maintenance. Motion by Commissioners Swanson and Stewart to accept the contract as completed, carried unanimously. City Commissioners Meeting March 10, 1981 Page 2 STATE/CITY/COUNTY AGREEMENT- 6TH &' NAVAL Clerk read a memo from Asst. City Engineer, R. G. Frisbie with attached Supplement No. 1 for the intersection improvements at 6th & Naval, stating this upgrades the original project cost, estimates to reflect current cost trends; and recommending approval of the Supplement. Motion by Commissioners Swanson and Stewart to approve the Supplement, carried unanimously. RESERVOIR #20 - COMPLETION OF WORK Clerk read memo from Chuck Moore, Water Superintendent stating that the contractor, Reliable Steel Fabricators, had successfully completed the construction of the one million gallon reservoir located at Vena Avenue and Sandra Lane on 2-27-81 and recommended to the council that the project be accepted as completed. Motion by Commissioners Swanson and Stewart to accept this project as completed, carried unanimously. EQUIPMENT RENTAL - SURPLUS EQUIPMENT Clerk read memo from Gary Heath, Equipment Rental Supervisor, requesting the following equipment be declared surplus and disposed of in the best interest, of the City: 1968 Buick LeSabre - License 9D21340 1970 Ford Custom - License #D14118 1976 Ford Maverick -License #D21344 Clerk also read another memo from Gary Heath, requesting the following equipment be declared surplus and disposed of in the best interest of the City: 1971 GMC 1/2 Ton Pick-up - License #D17255 1974 Chev. 1/2 Ton Pick-up - License #D18048 Motion by Commissioners Swanson and Stewart to approve request and declare the above listed as surplus, carried unanimously. GENERAL FACILITIES DEPT. - REQUEST FOR BID Clerk read a requisition from General Facilities Department/ Cemetery Section, requesting permission to call for bids on two self propelled lawn mowers and two non-self propelled lawn mowers, no trade-in's listed. Motion by Commissioners Stewart and Swanson to approve request for bl--~r the above, carried unanimously. GRANTS DEPARTMENT - SURPLUS OFFICE FURNITURE Clerk read a memo from Robert Theroux, Grants Administrator, requesting to declare surplus one (1) 52 x 30 single pedestal metal desk; and the transfer of one (1) 42 x 30 single pedestal metal desk and one (1) Hon Executive Swivel chair from the Grants Department to the Personnel Department. Motion by Commissioners Stewart and Swanson to approve the surplus and transfer, carried unanimously. PERSONNEL DEPARTMENT - SURPLUS CHAIR Clerk read memo from Armand Tiberio, Personnel Director, requesting to declare surplus one (1) swivel chair, with arms, to be disposed of in the best interest of the City. Motion by Commissioners Stewart and Swanson to approve the request to declare the swivel chair surplus, carried unanimously. BID AWARD - POLICE DEPAR~N~ -NINE VEHICLES Clerk read m~mo from Cnle~ of Police Steve Devery, recommending that the bid be awarded to the low bidder, Grey Chevrolet, Inc. in the amount of $79,511.13. Motion by Commissioners Stewart and Swanson to approve recommendation, carried unanimously. City Commissioners Meeting March 10, 1981 Page 3 BID AWARD - STREET DEPARTMENT Clerk read memo from Ken Brees, Street Superintendent regarding award of bid for Asphalt Emulsion Spray Unit. He recommended the lowest bidder, Southpark Industries, be rejected for the reason that they did not meet minimum specifications as set forth in the Bid Call and recommended the bid be awarded to the second low bidder, Sahlberg Equipment, Inc. for one (1) Diamond Bilt, Model ES200HB-S-NH-E5-DBE12 Asphalt Emulsion Spray Unit, which unit does meet or exceeds all minimum specification as set forth in the Bid Call. Motion by Commissioners Stewart and Swanson to approve the recommendation as presented, carried unanimously. WATER DEPARTMENT - BID CALL Clerk read memo from Chuck Moore, Water Superintendent, requesting Council authorize the call for bids for a new tractor backhoe, to declare the Case Backhoe 580B Serial 98782462, as surplus, to be used as a trade-in on a new machine; he also stated monies have been appropriated!for this in the 1981 Budget. Motion by Commissioners Swanson and Stewart to approve this request, carried unanimously. TIMBER SALE ~1-81, #2-81 Clerk read memo from Chuck Moore, Water Superintendent,stating his department has completed the pre-sales work on the #1-81 Timber Sale (Tower Flats) and the #2-81 Timber Sale (Bremerton Junction) and that both sales consist of Douglas Fir, Cedar, Hemlock and Hardwoods, and requested City Council to authorize a bid call for logging of same. Motion by Commissioner Stewart and Swanson approved the request for ~-i-~ for both Timber Sale #1-81 and #2-81, carried unanimously. PROCLAMATION Clerk read a Proclamation by Glenn Jarstad, Mayor, declaring that March 1981 is proclaimed as:RED CROSS MONTH and 1981 as: RED CROSS YEAR. ORDINANCE NO. 3626 Clerk read for second reading AN ORDINANCE of the City of Bremerton, Washington, relating to contracting indebtedness; providing for the issuance, specifying the maturies, maximum effective interest rate, terms and covenants of $550,000 par value of "Fire Station Unlimited Tax General Obligation Bonds, 1981" authorized by the qualified voters of the City at a special election held therein pursuant to Ordinance No. 3595; establishing a bond redemption fund; and providing for the sale of such bonds;Motion by Commissioners Stewart & Sw~n.~ to pass Ordina~c~ ~3626 on sec~hd reading, carried as follows: Co~issioner Stewart, yes; Commissioner Swanson, yes. PUBLIC HEARING PROCESS Clerk read a memo from the Bremerton Planning Department Re new procedure for taking testimony at public hearings and encouraging active participation, and stated this would be on file in the Clerk's Office. LETTER FROM MRS. CLAUSON C~l~ea~etter add~essed to the Council from Carol L. Clauson 130 Sheridan Road, r~egarding ~0ssible connection to the city water sYstem with the City financing the cost to them. Mrs. Clauson spoke to the Council regarding the situation they had with the "Lower Sheridan Water District" and her expressed desire to be connected with City Water. The cost to her would be $819.68 which she would 1002 like financed at 12% interest and 25% down payment. Commissioner Stewart discussed alternative financing with Mrs. Clauson and it was felt that if she could obtain this elsewhere it would be best, but if she was unable to do this, to return again to the Council City Commissioners Meeting March 10, 1981 Page 4 BREMERTON NORTHERN MODEL RAILROAD REQUEST Clerk read a memo from Ray Foley, Superintendent, Parks Department, stating he had been in contact with Mr. Leslie Roach, a director of the Northern Model Railroad, regarding a request for space in any existing City buildings in which to house their model railroads, or if any City property would be available for them to construct a building. Three alternatives were given. He also stated that the Parks and Recreation Department does recognize the recreational and cultural value of model railroading and, as such, is willing to assist in their efforts, however possible. 9:30 A.M. PUBLIC RECOGNITION George Renstrom, 1123 Naval Avenue, stated to the Council, that he was having trouble maintaining his paved parking strip in front of his home; that cars were being parked on it and that bottles and cans were being littered on it continuously. He wanted to know if there was something that could be done. He stated that he was upset at the Police Department, as he had been visited at his home in the evening, been demanded by the Officers what his name was, which he refused, and they finally stated they were out by orders of Captain Greg Brown, to inform him to remove the stakes from his parking strip. Mr. Renstrom felt he owned the strip and had the right to maintain it as he saw fit. Bill Parker spoke regarding the parking situation on Naval Avenue and stated he appreciated homeowners upgrading their parking strips and that they were not to be parked on, but only on the street. At this point Commissioner Stewart asked that Captain Greg Brown b~ asked to join the meeting, and he was sent for. Mrs Florence S. Antonelli, 1327 Bradley Street, presented to the Council, a petition signed by home owners on Hope, Bradley and Maple Streets, known as the Hollis Addition to the City, stating they were against the establishment of a Group Home for the mentally retarded adults which is being established on Hope Street. Mr. Endro Antonelli, 1327 Bradley Street, addressed Council regard- ing a case similar in nature in Ohio, which was taken to the US Supreme Court for ruling in favor of the neighborhood. Discussion followed regarding possible alternative methods to handle this situation. It was determined the City could change zoning laws; this could be referred to the Planning Commission for 1523 rezone as it is considered a business being conducted in a residential zone, and they must have a license and file an impact statement. As individuals they could retain an attorney and file a restraining order in violation of the covenant of the residential development. Mr. Verne Skinnerr 3804 Maple Avenue, stated, that in his opinion, five (5) unrelated People living in one home, with limited super- vision, gave the appearance of a commune. Mr. William Ferguson, 1319 Bradley Street, stated his home was directly behind the house which is going to be used for the Group Home. It is in very bad condition, with broken windows, plastic over them, roof needs repair and gutters are dropping off. He expressed a concern over the drop in his real estate value should he desire to sell, once future prospects hear o~ a Group Home in the neighborhood. City Commissioners Meeting March 10, 1981 Page 5 Discussion followed with commissioners Swanson and Stewart, Jim Ryan and Ken Attebery and it was determined that this problem could be referred to the Planning Department for their investiga- tion of rezone and impact statement; that the individuals of the 1832 area could contact an attorney and possibly have a temporary restraining order issued. Mr. Attebery stated under our current zoning this use is allowable and that they missed the ten (10) day appeal period of his decision. Motion by Commissioners Stewart and Swanson to ask the Planning Commission to review this Group Home in the Hollis Addition as a business and review the definition of family, carried unanimously. Commissioner Swanson also suggested that they contact and discuss this situation with Commissioner Lobe, and have the Attorney check the effect of the Co~unity Impact Statement. Mr. George Renstrom, again reiterated his problem for the benefit of Captain Greg Brown, stating he only had 4 stakes driven into the strip and Mr. White, a neighbor, had placed several large rocks on his strip without any problems. It was determined that hash marks be painted on the strip in question to deter parking; that the Street Department review the center line buttons and possibly offset them to give more room on the west side of the street for parking cars; and that the neighborhood should be reporting all violators and that the Police Department would enforce the giving of citations for this offense. 10:30 SHORELINE HEARING - TREND CONSTRUCTION Clerk stated that this hearing has been advertised, posted and letters of notification sent as required by law. Clerk read recommendation of Planning Commission, to approve application Tape 210 for Shoreline Substantial Development Permit with conditions, Side B and deny variance requests. The proposal is to construct two six unit residential condominiums north of the Manette Bridge. 11:00 A.M. BID OPENING - WATER DEPARTMENT Two 1/2 Ton Pickup Trucks Grey Chevrolet, Inc.; bid check; $7,231.25 for one truck, $15,185.62 for two vehicles, only bidder, gave $700 trade-in for Datsun pickup; $750 for International 3/4 Ton pickup. Motion by Commissioners Swanson and Stewart to refer bid to appropriate department for review, carried unanimously. TREND HEARING CONTINUED: Ures Menber~ and his associate, Don Shelber~ from Seattle, Trend Construction, spoke regarding the variances requested. The rooftop height and building width can be changed but they felt the building does comply with code. The added carport gave the extra width to be over limit. Further discussion followed regarding interpre- tation of height and width variances and a request was made by the construction company for more clearly defined explanations. Name; no problem to change name of unit, so they would comply with Life- Safety request, as there were two other "Narrows" complexes along the same strip. Glen Vockrodt,stated that when Shoreline Management was formed, they were concerned about preserving view for all, along the water- front, and that is why height and width limitations were developed. That the width of any building was not to exceed 60% of the width of the property; that the width of this lot is 142' from north to south and Building B is 112' in width, which includes the carport. City Commissioners Meeting March 10, 1981 Page 6 Motion by Commissioners Swanson and Stewart to adhere to the recommendations of the Planning Department to deny application for height and width variances, both of these requirements are reasonable, carried unanimously. Don Shelber~, Trend Construction, requested that Planning better define height limitations as set forth in the Shoreline Master program. As it is now, it severely imposes limitations on build- ings, and that this area was primarily commercial zoned and did not feel it would inhibit view. Parking stall condition was discussed and it was felt that a minimum of two per unit be required, that visitors would require spaces and thus use up those not used by a unit owner. Ken Attebery recommended that condition 4 - 4A be deleted, and 4B to read "prior to the issuance of a building permit" and be added to number 7, and be renumbered. Motion by Commissioners Swanson and Stewart based on the recommenda- ~-~-on of the Planning Commission to approve the application for a Shoreline Substantial Development Permit with conditions: 1. This permit is subject to the various requirements contained in the Bremerton Area Plan, the Bremerton Shoreline Management Master Program, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained therein; 2. The site shall be developed essentially the same as the site plan labeled Exhibit "B" except as modified by conditions herein; 3. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall be approved by the Bremerton City Council and the State Department of Ecology under the provision of WAC 173.14.064. 4. On the final site plan, the developer shall: (a) Change the lot width coverage and height of Building "B" to conform with the Master Program regulations. (b) Indicate the location of any facilities required to accommodate disabled persons required by RCW 75.7501 and Chapter 75 of the Uniform Building Code. (c) Indicate the provision of no less than 2 stalls per unit. (d) Indicate effective screening to be provided on the north and south sides of the project adjacent to the parking areas facing the Port Washington Narrows and facing north at Building "B". 5. At the time a Grading Permit or Building Permit application is submitted, the developer shall: (a) Provide written proof that the State Office of Archaeology and Historic Preservation (SOAHP) has completed its review of the subject proposal and has indicated its course of action regarding archaeological and historical data or artifacts. The developer shall comply with any actions required by the SOAHP. City Commissioners Meeting March 10, 1981 Page 7 (b) Submit the following in accordance with Master Program regulations: (1) A plan for temporary soil stabilization and erosion control upon completion of development in accordance with Master Program regulations. 6. At the time a Building Permit application is submitted, the developer shall: (a) Submit plans for a storm water drainage system including on-site retention and outfalls below the extreme low tide line to Engineering Department and Master Program requirements. (b) Grant to the public and record with Kitsap County, an easement for public pedestrian ingress and egress over any tidelands adjacent to the subject property which are in the ownership of the developer. 7. Prior to the issuance of a Certificate of Occupancy, the developer shall: (a) Provide a minimum 20-foot wide one-way access drive to Wheaton Way and establish access to 13th Street via the exist- ing 18-foot alley which extends from the northwest corner of the site, according to Engineering and Fire Department requirements. (b) Design and mark the access to Wheaton Way for one-way access only to the subject site. Signing of this access to indicate the one-way entrance shall be done to Police/Traffic and Engineering Department standards. (c) Name and aCcordingly-sign~the project to eliminate the word "Narrows" and~av~id~pOt~ntia~.~onfusion.with other similarly named projects; the project name shall require Fire Department approval. (d) Install extra fire protection equipment adjacent to Building "A" to meet Fire Department standards. (e) Provide separate pedestrian facilities between the project buildings and the sidewalk on Wheaton Way along one side of the access drive; such facilities may be incorporated within the 20' driveway width if designated with permanent markings. (f) Restore tidelands to pre-project configuration. (g) Install a new 6" lateral sanitary sewer line to the existing beach main line if the existing lateral line proves to be 4". (h) Satisfy all Master Program requirements for: (a) archaeological areas; (b) soil stabilization; (c) erosion control and vegetation restoration; and (d) landscape restoration. (i) Install all utilities underground. 8. The applicant shall incorporate if feasible energy-conserving design and construction techniques such as: (a) Avoiding window and door openings on north-facing walls; (b) Emphasizing passive solar d~sign through use of soul,h-facing windows; and (c) Solar collectors to heat hot water, carried as follows: Commissioner Stewart, yes; Commissioner Swanson, yes. 11:30 A.M. HEARING - KRUEGER REZONE R-1 to R-2 (824) Clerk stated that this hearing had been advertised, posted and letters of notification sent as required by law. Clerk stated that the purpose of the request was to construct 18-22 unit, three retirement apartment condominium complex buildings, located between Marion Avenue and Yantic, east of and directly behind, existing Forest Ridge Con- valescent Center. City Commissioners Meeting March 10, 1981 Page 8 Ken Attebery stated that it was the opinion of the Planning Department to recommend approval with conditions. Leonard Kruse, Attorney for the property owners, stated they can live with conditions as attached, that he knew of no opposition to the project, and that they would notify the Planning Commission in the event they desired to increase or change the project as submitted. Motion by Commissioners Stewart and Swanson to adopt the findings of fact, conclusions and exhibits as stated in the staff advisory report on the application for Zone Reclassification from R-1 to R-2, carried unanimously. Also, Motion by Commissioners Stewart and Swanson that based on the adopted--~ngs of fact, conclusions and exhibits to approve the application for zone reclassification from R-1 to R-2 subject to the following conditions, and leaving out Condition #9: 1. This rezone is subject to the various requirements contained in the Brem. Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained therein: 2. The site shall be developed essentially the same as the site plan labeled Exhibit "B" except as modified herein; 3. Retain not less than 15 feet of natural vegetation on the north, south and east portions of the developed area; except where road access is proposed on the south. 4. Provide an area or areas for recreational facilities for the use of the residents; 5. Provide storm water detention facilities as required by the Engineering Department~ 6. Provide additional access and fire hydrant as required by the Fire Department; 7. Provide water pressure to Water Department requirements; 8. Any changes, revisions or additions which constitute a signifi- cant departure from the approved site plan shall require approval of the Planning Commission, carried as follows: Commissioner Stewart, yes; Commmissioner Swanson, yes. WARRANTY DEED Clerk read memo from Engineering with attached Deed from Robert T. and Judith Helland for acceptance and recording, which was obtained for Right of Way for the Olympic College By-Pass Project. Motion by Commissioners Stewart and Swanson to accept the Deed for recording, passed unanimously. RESOLUTION NO. 3626 RE PUBLIC HEARING: Mathwi~/Fontana/Lindse~ Clerk read A RESOLUTION setting out the date, time and place for a public hearing on Mathwig/Fontana/Lindsey, Right-of-Way Vacation for March 31, 1981, 10:30 A.M. in the City Council Chambers, City Hall, Bremerton, Washington. Motion by Commissioners Stewart and Swanson to approve Resolution No. 3626 as read carried as follows: Commissioner Stewart, yes; Commissioner Swanson, yes. CENCOM CONTRACT FOR 1981 -MODIFICATION Clerk read memo from Wes Henry, Director of Kitsap County Cencom requesting signature on Modification to 1981 Contract form. Motion by Commissioners Stewart and Swanson to approve and sign the Modification to 1981 Contract, carried unanimously. City Commissioners Meeting March 10, 1981 Page 9 BID AWARD - CONCESSION STANDS Clerk read memo from Ray Foley, Super. , Parks Department, which recommends awarding the contract to operate the concession stands at Lions and Roosevelt Fields, to the Bremerton Athletic Roundtable, and that the contract be awarded at 10 percent of total gross receipts; contract duration to be for a three year period. Motion by Commissioners Swanson and Stewart to approve the awarding of the contract to Bremerton Athletic Roundtable as presented, carried unanimously. CHANGE OF BID OPENING TIME Clerk requested a change of bid opening time, to 10:00 A.M.. Motion by Commissioners Stewart and Swanson to approve the change · n~e to 10:00 A.M., carried unanimously. AMBULANCE RATES - DISCOUNT Clerk read memo from James Ryan, Assistant City Attorney, regarding discounts to be given on Ambulance Rates as previously submitted by Olympic Ambulance Service. After legal review, it was felt that it would not be appropriate to approve a rate schedule containing a discount policy under the old ordinance, and that an amended ORDINANCE be executed. It will be presented at Council meeting next week for approval as an Emergency Ordinance. SUBMISSION OF INITIATIVE TO ELECTORATE Ms Mandio requested that the Commissioners put the Initiative and Propositionl regarding Subsidizing of Ambulance Services that were set for May 19 on the September primary ballot. Motion by Commissioners Stewart and Swanson to place above Initiat--~and Pro- position on September primary ballot, carried unanimously. Ms Mandio stated the other Referendum regarding charging for R-1 transport will be presented next week for reading as an Emergency Ordinance and placement on the September ballot. BILLS Mo-~n by Commissioners Stewart and Swanson to approve Vouchers 22028 through 22146, in the amount of $202,061.63; and Vouchers 22019 through 22023, inclusive, in the amount of $6,907.10, audited by John Ross, carried unanimously. Meeting adjorned at 11:40 A.M. Kathleen L. Mandio, City Clerk APPROVED: