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HomeMy WebLinkAbout07/28/81Tape 224 APPROVEO Side 1 0467 CITY COMMISSIONERS' MEETING 28, 198l AU8 4 198f Regular meeting of the City Commissioners of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 4th Street, on Tuesday, July 28, 1981 at 9:05 A.M., with Mayor Pro Tem Bob Stewart presiding. Also present were Commissioner Tom Swanson, City Attorney Terry McCluskey and City Clerk Kathleen Mandio. Also present were members of the press and radio. Mayor Jarstad was delayed attending council meeting due to giving testimony in the county Winmar hearing. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Glen Soule of the Manette Community Church. MINUTES OF REGULAR MEETING JULY 21, 1981 Motion by Commissioners Swanson and Stewart to accept the minutes of t---~ regular meeting of July 21, 1981 as presented, carried unanimously. NOTICE OF EMPLOYMENT - CHANGE OF PAY STATUS Ruby J. Eyler, Temporary Office Assistant, Executive Dept.; $4.75 per hr., effective 8-24-81; Charri L. Fitzhugh, OperatOr I, Wastewater Facilities, from 7A to 7B, $7.08 per hr to $7.29 per hr., effective 8-19-81; Mary Roy Wilson, Engineering, 15C to 15D, $12.41 to $12.66 per hr. effective 7-10-81; Robert B. Elsen, Water Dept.,8B~ito 10A, $7.74 to $8.46 per hr., effective 7-20-81; Motion by Commissioners Swanson and Stewart to accept the Notice of Emp~ment and Change of Pay Status requests as presented, carried unanimously. APPLICATION FOR DANCING PERMIT - BRIARCLIFF Clerk presented Application for Dancing Permit for the Briarcliff with Police Department recommendation of approval. Commissioner Stewart asked Mrs. Nelson about the noise levels of the taped music and she replied that it had been checked by Mr. Walt Alloway at the maximum dcb and was found to be within acceptable range. Commissioner Swanson asked City Attorney Terry McCluskey if a license could be issued on a temporary basis with DOE restrictions re noise levels and he stated that it could be done that way. Commissioner Stewart stated that before he would approve this permit he wanted to talk personally with the residents of the area. Motion by Commissioner Stewart and Commissioner Swanson to postpone a decision on the Briarcliff Application for one week, carried unanimously. CLAIM FOR DAMAGES - Mae Harnisch - ~lerk presented Claim for Damages on behalf of Mae Harnisch for damage sustained to her automobile on 6-26-81, with total claim in the amount of $155.30. This has been sent for Department report and will be forwarded to the insurance company for further handling. LETTER FROM H. EFFRON RE SAN JUAN AIRLINES Clerk read letter from Mr. Effron which was addressed to Mr. Mentor in regard to San Juan Airlines. This was for information only and will be on file in the Clerk's office. LETTER FROM A. DAVIS RE BREMERTON FERRY TERMINAL - URBAN INITIATIVES PROJECT Clerk read letter from A. Davis regarding the Bremerton Ferry Terminal Urban Initiatives Project stating they will be unable to fund the State of Washington for the Bremerton Ferry Terminal project. This is for information purposes and will be on file in the Clerk's office. City Commissioners Meeting July 28, 1981 Page Two KITSAP COUNTY HUMANE SOCIETY -CONTRACT 91700 Clerk read letter from the Kitsap County Humane Society regarding termination of Contract 91700 Agreement and Special Agreement effective July 31, 1981. The return of the Bremerton Van, unissued licenses, microfiche processor, keys to city pump and Special Commission cards will be returned to the City of Bremerton at close of business, July 31, 1981. This letter is on file in the Clerk's office. Commissioner Stewart stated the ALTA telephone number should be given to the Humane Society. US NAVY LOAN AGREEMENT - HYDROFOILi Clerk presented Loan Agreement for a Hydrofoil between the City of Bremerton and the US Navy. Motion by Commissioners Stewart and Swanson to approve the Agreement upon review by the City Attorney, carried unanimously. LEASE SUBSURFACE TRACT - BREMERS/CITY OF BREMERTON Clerk presented a Lease between the City of Bremerton/Bremers for the subsurface tract for signature and approval. Motion by Commissioners Swanson and Stewart to approve this contract, carried unanimously. BUSINCESS LICENSE REPORT - MONTH OF JULY 1981 Clerk read memo from Business License Inspector with attached list of business licenses issued for the month of July 1981. This list is on file in the Clerk's office. MEMO FROM ENGINEERING RE LID 323 EDGEWOOD DRIVE Clerk read memo from Engineering re LID 323, E~gewood Drive, with attached Assessment Roll, Resolution setting date for hearing and Notices and envelopes to mailed to the owners. It was the suggested that the financing of this project be from the Street Department and a 6% interest rate be set. This has been reviewed with the City Treasurer and he has concurred with the recommendations. Motion by Commissioners Swanson and Stewart to accept these recommends as presented, carried unanimously. MEMO FROM ENGINEERING RE ROOF INSULATION & TIME CLOCK CONTRACT 92059 JEMCO COMPANY Clerk read memo from Engineering stating the work for the above contract has been completed in accordance with the plans and specifications and recommended acceptance of the work for the purposes of operation and maintenance. Motion by Commissioners Swanson and Stewart to accept the recommendations---f-~this contract, carried unanimously. MEMO FROM ENGINEERING RE 6th & NAVAL PROJECT HHS 663'3 (1) Clerk read memo from Engineering stating they have purchased right- of-way at 3 corner parcels for the above project, as well as an easement on the SE corner of 6th & Naval from Texaco. The Department of Transportation has informed the Engineering department that payment for the easement is required, and the appraised value is $2900. Permission is requested to offer and pay that amount to Texaco, the money is available and would be appropriated from the Arterial Street Fund. Motion by Commissioners Swanson and Stewart to approve this request as presented, carried unanimously. MEMO FROM CITY TREASURER RE SURPLUS ANIMAL LICENSE TAGS Clerk read memo from city Treasurer requesting authorization to surplus and dispose of a total amount of 5381 unused animal license tags. It was stated that in 1979-80 3,924 licenses were sold as compared to 1980-81, 3,695 licenses were sold, a drop of 5.8%. MOtion by Commissioners Stewart and Swanson to approve this request, carried unanimously. City Commissioners Meeting July 28, 1981 Page Three REQUEST FOR BID POLICE DEPT. VEHICLE Clerk read request from Police Department to call for bid for a new 1981 four door sedan, V-8 2bbl; with air conditioning and power door locks required, on a mid-sized vehicle. Motion by Commissioners Swanson and Stewart to approve the reques~ f--~bid, carried unanimously. MEMO FROM CITY TREASURER RE EAST SIDE FIRE STATION PROJECT Clerk read memo from City Treasurer stating the above project is now complete and the contracter retainage is ready for release. The actual project deficit is $16,538.09, less than anticipated because the actual interest earned was greater than anticipated. A request to transfer funds from General Cumulative Reserve to make up this deficit and close out the project was requested. Motion by Commissioners Stewart and Swanson to approve this request to transfer funds and close the project, carried unanimously. MEMO FROM WATER DEPARTMENT RE SURPLUS EQUIPMENT FOR TRADE-IN Clerk read memo from Water Department request to declare surplus two Homelite E-Z chainsaws and one gas driven weedeater. It was their recommendation that the 2 Homelite E-Z chainsaws and 1 gas driven weedeater be declared as.surplus and traded in on one Stihl 028 Chainsaw. Motion by Commissioner Swanson and Stewart to approve this request, carried unanimously. 9:30 A.M. PUBLIC RECOGNITION Mrs. Patricia Kastner, 113 Pacific Avenue, stated she works at and lives above the Crow's Nest Tavern and was requesting a parking meter hood for her auto to park in front of the tavern. She stated she has suffered much vandalism when parked elsewhere and had a list of names from the local businessmen stating they had no objections to her request. 1114 Capt. Greg Brown stated he had three reports of vandalism on file since 1980. He stated he felt that the Police Department would not be in favor of this request and that it would be setting a precedent for the area. Commissioner Stewart agreed, stating he did not feel we could allow residential parking on Pacific Avenue. Mrs. Virginia Costello, 2025 No. Taft, housewife, stated she has a large laborador dog and was concerned as an animal owner, over the proposed ALTA facilities, the redemption fees, disposal of deceased animals, etc. She felt there were a lot of glaring problems with our ALTA contract and 1412 suggested we take a good look at them. Commissioner Stewart stated that this was the same contract we had had with the Humane Society, with exception of the redemption fees schedule. Michaele Hosea, 1544 Elizabeth Avenue, stated she had prior contact with the ALTA Co. re their policy of dog control, etc., and was under the feeling they came highly recommended. She also stated she felt animal owners must be responsible for their pets. Mr. L. Creor of ALTA, spoke again regarding his Corp. policies regarding redemption, retaining time, disposal of deceased, etc., and patrolling hours. Mr. McGregor, a neighbor of Mrs. Hosea's, stated that at one time he had to call Mr. Stewart to get some help on a weekend to come out and get a dead dog and remove it. Mar~ Lou Lon~, 2433 E. Phinney Bay Drive, stated she felt the animal owners should share the responsibility of their animals. 10:10 A.M. - MAYOR JARSTAD ENTERED THE MEETING City Commissioners Meeting July 28, 1981 Page Four PUBLIC RECOGNITION CONTINUED: Motion by Commissioners Stewar't and Swanson to approve the ALTA PET SERVICES INC. contract, effective August 1, 1981, carried unanimously. It was announced that the location of the city owned property at Union and Werner Road would be used to construct a building to be leased to Alta. J. Skirvin~, stated we should check the property closely, that he 2002 felt it was zoned R-1. It was felt by Commissioner Swanson that the property east of the city limits line is R-1 and ~the other zoned industrial. Motion by Commissioners Stewart and Swanson to go out for bid for t~-~-~lding to be constructed at this location, carried unanimous ly. Fred Schoneman, urged council to consider carefully the location of the building for ALTA as it was a 9% acre parcel and was a good piece of property for fuure sale. He also asked if we had received any other proposal for animal control services besides ALTA. Commissioner Stewart replied he would be open to any other proposals. 10:35 - 10:45 - RECESS Don Gulber~, part owner of property at 140 No. Montgomery,stated he was concerned over the use of the Knights of Columbus parking lot next to his property stating it was originally to be used for evening Club parking only and now is being used for day time over-flow parking and felt they were in violation of the variance granted to them. Motion by Commissioner Swanson and Mayor Jarstad to have the Police Department and Engineering look into this situation and report back to Council next Tuesday. DISCUSSION RE SAUNA ORDINANCE Mayor Jarstad asked Attorney Jim Sells to open the discussion by explaining the changes msde in this ordinance. Attorney Sells stated that on Section 2, 1st paragraph, eliminated the requirement of names being kept and added that all records from the massage parlours be written or typed in the English language, based on the recommendation of the Police Department. Section 5 was an addition, reflecting that all persons performing services shall be fully clothed while performing services, and sets forth attire which is not suitable. Section 4, relating to the business hours of the massage parlors, setting forth hours to be closed from 10 p.m. to 8 a.m. Don Cundiff, Deputy Chief of the 'Police Department, stated since 1976 the department had a total of 153 reported complaints regarding sauna/ massage parlors with alleged occurence between 10 p.m. and 8 a.m. Based on this information and the number of man hours involved to handle these complaints, he felt that his recommendation would be in favor of a 10 p.m. closure time. Mary Lou Long, stated she felt we should be more forceful in closing down persons violating their business license requirements and Attorney 2650 Sells told her there was a due process of law that must be adhered to and followed in an orderly manner. She further questioned the ordinance and was assured each time that the conditions were covered in the ord- Side 2 inance. She was informed this is an amen~nent to the ordinance & a full copy could 0006 be obtained in the City Clerk's office. Tape Mayor Jarstad stated he felt that this is one of the strongest sauna 224 ordinances in the State of Washington and the police department can work under it. Attorney Sells stated that our legal department had spent a great deal of time in court to provide us with a very tight sauna ordinance and feels it is the best in the state. Mo'tion by Mayor Jarstad and Commissioner Stewart to pass on on second reading, Ordinance No. 3648, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. City Commissioners Meeting July 28, 1981 Page Five Side 2 PUBLIC RECOGNITION CONTINUED: Mr. Stan Williams, attorney ~or Mr. Harry Penor of Bremerton Towing, 460 stated that his client had been taken off the towing rotation list for the City by the Towing Commission without proper investigation or following proper procedure. He was requesting City Council to re-instate Bremerton Towing back on the rotation list until such time a proper hearing had been held and a determination made. He stated the Towing Commission had not held a regular meeting since April, and that they were required to meet once a month. City Attorney Terry McCluskey read a letter from the Towing Commission dated April 16, 1981 regarding their findings and conclusions regard- ing HP Towing and stated there were many common grounds with Bremerton Towing; and cited State WAC provisions regarding separate business 1209 requirements which were not being met at this time. He stated a special hearing was being held this evening. Pat Tucker, Chico Towing,stated he was aware of change in rotation schedule at the same time as Mr. Penor and was not aware that he was either on or off the list until~then. Commissioner Stewart felt he doesn't want a firm to get double rota- tion but that the proper procedure of investigation and hearings should be followed. Mrs. Heather Gatimu, questioned council regarding how a fair share of calls is determined, and Mayor Jarstad stated they are put on a 30-day rotation scheduled. Mr. Harry Penor, stated he was concerned over the fact that the Towing Commission did not thoroughly investigate his records, premises, equip- ment, or give proper notice before making their determination and recommendation to the police department to have him removed from the City towing rotation list. Motion by Mayor Jarstad and Commissioner Swanson to have this matter be brought back to Council next week with recommendation from the Towing Commission at that time so the Council can make their decision based on more information, carried unanimously. ORDINANCE FOR FIRST RDG.- VICKIE KNIGHT REZONE B-i to B-2 Clerk presented for first reading, AN ORDINANCE amending the use and area maps of Ordinance No. 1792 and repealing Ordinance No. 3311 (Knight) rezone B-1 to B-2. Motion by Commissioner Stewart and Mayor Jarstad to approve on first rea~g, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. RESOLUTION SETTING TIME & PLACE FOR S. FONTANA RIGHT-OF-WAY REQUEST Clerk read a Resolution setting out the date and time and place for a public hearing on Salvatore Fontana, Right-of-Way Vacation for September 1, 1981, 10:30 a.m. in the City Council Chambers. Motion by Commissioners Stewart and Swanson to approve the resolution, carried unanimously. LETTER FROM RESIDENTS RE TWO BUSINESS IN R-1 ZONE AT 3035 WHEATON WAY Clerk read letter signed by six different families requesting investiga- tion into zoning violations at the above mentioned address. Ken Attebery stated he shared the concern of the neighbors and stated that Council did have the option to have this be put on the Planning Commission agenda for investigative purposes. Commissioner Stewart stated he felt the present use of this building was out of context, that the sale of carpet is not considered a professional business, but retail. Motion by Mayor Jarstad and Commissioner Stewart that this be recommended back to Planning Commission for investigation and recommendation, carrie~ unanimously.. City Commissioners Meeting July 28, 1981 Page Six CONTRACT WITH BURROUGHS - DATA PROCESSING CONTROLLER Clerk presented Contract for signature with Burroughs Corporation for one B1249 Printer Control, with list price of $1,379.00. Motion by Commissioner Stewart and Mayor Jarstad to approve the Contract, carried unanimously. CLAIM FOR DAMAGES - JOHN R. DODDS Clerk presented a Claim for Damages on behalf of John R. Dodds for asphalt damaqe to the paint job on his car and an estimate bill for repaint in the amount of $804.30. This has gone for department report and will be forwarded to the insurance company. AGREEMENT WITH CITY/KITSAP COUNTY VISITORS & CONVENTION BUREAU Clerk presented contract for signature between the City and the Tourist Bureau, commencing August 1, 1981. Commissioner Stewart stated that a monthly financial statement should be submitted before subsequent monthly payments are disbursed. Motion by Mayor Jarstad and Commissioner Swanson to approve the signing of t-~ Contract, carried unanimously. PARKING METER INCREASE - CALLOW AVENUE Motion by Commissioner Swanson and Mayor Jarstad to raise the parking meter rate to twenty cents per hour on Callow Avenue, bringing them in line with other city meters, carried unanimously. ORDINANCE FOR FIRST READING RE COMMUNITY IMPACT STATEMENT Clerk read for first reading, AN ORDINANCE amending Ordinance No. 3608 relating to requiring a study of the impact that the issuance of a business license will have on the present or planned Bremerton community if any business is issued or renewed a license, authorizing denial of a business license on a finding of significant adverse community impact. Motion by Commissioners Stewart and Swanson to approve on first read-I-~-g, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. CLAIMS Mo--~ by Mayor Jarstad and Commissioner Stewart to approve Claim ~, FICA, in the amount of $9,444.85 and Salary Fund 95360 in the amount of $214,525.70 and Warrant register ~25~59 - 925578, in the amount of $139,284.28, audited by City Auditor, carried unanimously. Adjourned at 12:40 P.M. (2141) KATHLEEN L. MANDIO, City Clerk APPROVE: ~ ~