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: ~ ~