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HomeMy WebLinkAbout11/10/81 Tape 234 Side 2 # 16 7 2 COUNCil. APPROVED CITY COMMISSIONERS' MEETING ~V 1 ? NOVEMBER 10, 1981 Regular meeting of the City Commissioners of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, November 10, 1981 at 9:05 A.M. with Mayor Glenn Jarstad presiding. Also present were Commissioners Tom Swanson and Bob Stewart, City Attorney Terry McCluskey and City Clerk Kathleen Mandio. Also present were members of the press and radio. The Meeting was opened with the Pledge of Allegiance and the Invocation was given by Mayor Jarstad. MINUTES OF NOVEMBER 3, 1981 Motion by Mayor Jarstad and Commissioner Stewart to approve the minutes of November 3, 1981 as presented, carried unanimously. NOTICES OF EMPL©YMENT, CHANGE OF PAY STATUS, SEPARATION Notice of Employment Judy D. Holtz, parking Regulator, Police Department, 5A, $6.29 per hr., effective 10-28-81 Change of Pay Status Don Barde, 2nd Yr. to 3rd Yr. Patrolman, Police Department, $9.67 to $10.14 per hr., effective 11-12-81 Alan Hornburg, Police Department, 2nd Year to 3rd Year, $9.67 to $10.14 per hr., effective 11-12-81 Andrew Oakley, Police Department, 2nd year to 3rd Year Patrolman, $9.67 to $10.14 per hour, effective 11-12-81 Report of Separation Walter B. Alloway, Public Works Department, Compliance Officer, resigned effective 11-9-81 Motion by Commissioners Stewart and Swanson to approve the Notice of Employment, Change of Pay Status Requests and Notice of Separation, as presented, carried unanimously. REQUEST FOR OWNER/©PERATOR/ATTENDANT APPLICATION - KUM S. HOBBS Clerk presented an Application for Owner/Operator/Attendant for Kum S. Hobbs for renewal. This was given approval by the Police Depart- ment. Motion by Commissioner Stewart and Mayor Jarstad to approve the applicat--~ for renewal with Police Department recommendation of approval, carried unanimously. LETTER FROM K. DAVIS RE BICYCLE PROGRAM Clerk read letter from Kathleen Davis regarding support of the bicycle program and urging retaining the bicycle coordinator. This is on file in the Clerk's office. LETTER FROM REDWOOD PLAZA MERCHANTS ASSOCIATION Clerk read letter from the Redwood Plaza Merchants Assoc. thanking the City for their support on their Halloween Fun Run. This is on file in the Clerk's office. Tape 235 BUSINESS LICENSE REPORT Clerk read memo from Business License Inspector with attached report Side 2 of new business licenses issued through November 3, 1981. This is on 0025 file in the Clerk's office. Commissioner Stewart stated there are many businesses in Bremerton operat- ing without a Busincess License and he discussed in great length the time-frame involved in our present procedure. He stated he wanted to enforce the ordinance and if businesses are found violatinq it, to issue a citation and close them down immediately until they have-obtained their license.~ Motion by Commissioners Stewart and Swanson to enforce the ordinance rega---~g business licenses and any business not having a current license will be issued a citation and shut down until they have obtained one. City Commissioners Meeting November 10, 1981 Page Two THIRD PARTY COMPLAINT ~'WINMAR Clerk S~ated ~hat ~' Third' P~%y Complaint from Winmar had been re- ceived naming Mayor Jarstad and wife and Commissioner Swanson and wife. This has been referred to the insurance company. Mayor Jarstad stated that he was concerned that this had been served on the City Attorney's and that there had been publicity by the press before he or his wife were aware of its existence. He felt that this could have been handled a little more appropriatelY- DOE GRANT INCREASE clerk read memo from City Engineer with an attached contract from the Department of Ecology for a grant increase for the Sinclair Inlet Sewage Facility amounting to $1,274.00. Motion by Commissioner Swanson and Mayor Jarstad to approve and sign the contract as requested, carried unanimously. RE-CHAIN TWO CLARIFIERS AT PLANT #2 C--~-~rk read memo from Wastewater Facilities requesting the City call for bids on 68 strands of #720-S Z metal chain, 10 ft. lengths with F-2 attachments added to each strand as lead link. All strands to include pins and cotters. This material is needed to replace the Flight Chains in two clarifiers at Plant ~2 which are badly worn. Motion by Commissioners Swanson and Stewart to approve the request for bid on this material, carried unanimously. JENSEN WATER DISTRICT Clerk read memo from Water Superintendent recommending the necessary paperwork be prepared for the transfer of the Jensen Water District to the City of Bremerton. This system meets all the requirements for annexation into the Bremerton system. Commissioner Stewart stated we are doing the billing for the Water District now. There was some dis- cussion regarding assuming the LID the district has and it was reco- mended that Commissioner Stewart investigate into this further and discuss the situation with the commissioners of the Jensen Water District. BID AWARD - DUCTILE IRON PIPE Clerk read memo from Water Superintendent recommending the award of the ductile iron pipe bid to United States Pipe & Foundry Company for $32,262.41, tax included. They were the low bidder. Motion by Commissioners Swanson and Stewart to approve the recommendation, carried unanimously. BID AWARD - RESERVOIR #8 ST©RAGE CAPACITY IMPROVEMENTS C-~-erk read memo from Water Superintendent recommending the award of the Reservoir #8 Storage Capacity Improvements to Pacific Tank for $299,250.00, tax included. They were the low bidder and the firm is well qualified. Motion by Mayor Jarstad and Commissioner Stewart to approve the reco- mmendation, carried unanimously. RESOLUTION NO. 1917 RE FORMJ~TI©N OF TASK FORCE COMMITTEE Clerk read A RESOLUTION endorsing and supporting the concept of a Bremerton Area Chamber of Commerce Downtown Bremerton Development Task Force, and urging the immediate formation of such task force. Motion by Mayor Jarstad and Commissioner Stewart to approve the Resolution as presented, carried unanimously. Commissioner Stewart discussed the funding of the proposed parking garage as it related to the downtown redevelopment project. Commissioner Swanson stated he supports the Task Force Concept. Mayor Jarstad stated that various Task Force Committees have done very well and he also 0550 supported this concept. Commissioner Stewart said bond counsel informed him the use of sales tax would have to be voted on and would be a general obligation bond. He stated this cannot be done as it would exceed our bonding authority. The property owners must get involved in an LID. City Commissioners Meeting November 10, 1981 Page Three 9:30 A.M. ~ PUBLIC 'RECOGNITION Mr. jOhn Hess., 5415 Maynard ROad West, presented copies to the Council of an Anti-Pornography Ordinance which he had prepared. Motion by Mayor Jarstad and Commissioner Stewart to submit this onto~City Attorney for review of constitutionality, carried unanimously. ~s. Ruth Ghrist, a Westpark resident, asked about the use of the City property at Baer Blvd. and Arsendat Way. She stated it is presently being used as a play area by the children. Mayor Jarstad stated this was the land being obtained for the construction of the new fire station. Mrs. Ghrist then questioned Commissioner Stewart regarding additional bus service through Westpark during the first three days of each month. She stated the usage of the buses at that time was heavy and often riders must stand. She stated many are elderly and was inquiring about an increase of service for the first part of the month. Commissioner Stewart stated he would look into this for her. She also asked about a 0880 cover for the bus stop. Mrs. W. Taylor, 2708 Callahan Drive, stated she rides the bus to the church she attends on Werner Road and questioned where the city and county boundary line was and discussed bus pass use. Mrs. Joyce Cisk, Sheridan Road, complimented Mayor Jarstad on his many accomplishments that were made for the City. She told Commissioner Stewart that his bus fares were too low. She told Commissioner Swanson that she felt a need existed between the Dunes Motel and McDonald's Restaurant for a crosswalk. She urged Council to consider police protection a high priority in budget considerations. Mr. Ernest Exton, a Port Orchard resident, read a letter to the Council addressed to Gov. Spellman listing the endorsement of the City of Bremerton as well as many other agencies and groups, for the appointment of C.W. "Red" Beck to the Department of Transportation. Motion by Mayor Jarstad and Commissioner Stewart to endorse this letter as 1125 presented, carried unanimously. AMBULANCE COMMITTEE REPORT Mayor Jarstad asked Chief Bill Meigs to make a report to the Commission regarding the Ambulance Rotation meeting held early this morning. Chief Meigs stated the Committee was not able to make a recommendation to Council regarding this matter. They referred it back to the Council for decision in this matter. Bill Kamps, Attorney representing Kitsap Public Services, discussed Mr. Littlejohn's arrangements regarding offices, records, personnel, equipment and location status, the shared use by both his companies and the corporate status. Bill Litttejohn, Bremerton Ambulance, told the Council he felt the de- cision regarding rotation should be based on equipment count, rather ~50 than on location and other factors. He stated he has six ambulances and many businesses use a joint dispatch service. commissioner Swanson felt the decision should be based on the fact there are two separate locations, one for KPS and the other for Olympic-Bremerton Ambulances. Commissioner Stewart felt the decision should be based on the fact that the ordinance stated a company needed to consist of three ambulances only and if the owners wished to own six ambulances, they should get twice the rotation calls. Mayor Jarstad, stated he felt that the private ambulance industry had done very well in providing emergency treatment allowing the City to go into the advanced life saving areas of training paramedics to man the Rescue One Program. City Commissioners Meeting November 10, 1981 Page Four AMBULANCE COMMITTEE REPORT TerrY M~'Cluske~,'City Attorney, stated the problem arose with Towing Companies and the main concern was personnel. Mr. Litt!ejohn stated they have had five ambulances out at once and have the equipment and manpower to handle it. commissioner SWanson, stated he prefers to see three good pieces of equipment ~athe~ than six that may not be in good shape. He felt we were going back to the old problems we had and would rather have the City transport than return to those problems. Commissioner Stewart felt whoever makes the investment should get the e-~a rOtation. Mr. Kamps discussed monopolies and allowing someone with economic ability to buy more ambulances and possibly run others out. Motion by Commissioner Stewart to allow the rotation based on number of ambulances (3) per company. Motion died for lack of a second. Mrs. Virginia Costello, asked Mr. Littlejohn how many certified drivers he had on these ambulances in each company. He replied all of his employees are registered with the City. Mayor Jarstad stated he would like to postpone making a recommendation at this time and confer with Attorney Jim Sells who was at the meeting this morning. Motion by Mayor Jarstad and Commissioner Stewart to post- pone a recommenda-~ on this question until the scheduled evening meet- ~275 ing tonight at 7 P.M., carried unanimously. 1t:00 - 11:15 A.M. - RECESS Mrs. Kim Wilson, addressed the Council conerning the five-minute regla- l~-i-~n at the Bremerton Municipal Pool for dressing and the circumstances surrounding a situation whereby she was escorted from the Pool. Mr. Potter stated he was asking for his outside utility agreement to ~-~ amen~ from 7 multi-family dwellings per acre, to 17 multi-family dwellings per acre. This met the county code and he was requesting an amendment from the City in the event there would be annexation of his area and he would want to be in compliance. Mr. Allan Kane, City Engineer, stated he thought the property in question Was on Pine Road and that area is served with an 8" main, and there would be no difficulty in serving the increased number. Mayor Jarstad stated that from the point of view of the utilities, we have no problem in accepting recommendation of the engineering depart- ment, but that we are not promoting higher density development, that our lines can accept higher density. Motion by Commissioners Stewart and Swanson to amend the application to reflect the higher density hook-up, carried unanimously. PROP©SED FEE SCHEDULE F©R LAND USE AND' DEVEL©PMENT PERMITS Mr. Ken ~--~-~e-~ry presented a proposed fee schedule to inCrease the fees as they relate to various land use and development permits. He stated the last time they were changed was in 1979 and he would like to request a change in the ordinance to have changes made by resolution. Motion by Commissioners Stewart and Swanson to approve the increase in rate fee schedule for Land Use and Development Permits as presented; as well as amending the ordinance to allow rate fee changes by council resolution, carried unanimously. City'Commissioners Meeting November 10, 1981 Page Five PETITION RE CHANGE OF ONE-WAY ALLEY TO TWO-WAY SOUTH 200 BLOCK OF WYCOFF AND CALLOW AVENUES - ~ ~ Clerk Stated a Petition Signed by residents and business~persohs of the south 200 block of Wycoff and Callow had been received. They were requesting the alley on the block be changed from one-way status to two-way. The reason being that because of the City Bus Barn located at the south end of the block, the alley is frequently blocked by busses making it necessary to exit the alley from the south end which is an infraction of the law. It was felt that a copy of this petition should be sent to the Engineering Department and BCT for their recommendations. Tape RESOLUTION NO. 1916 - EMERGENCY EXISTED --OYSTER BAY SHORELINE 235 Clerk read A RESOLUTION declaring that an emergency existed; and authoriz- Side ~ ing purchase of parts and obtaining services necessary to facilitate 0050 emergency repair work on lateral connection to low pressure force main along Oyster Bay Shoreline. Motion by Col~missioners Swanson and Stewart to approve the resolution as presented, carried as follows: Mayor Jarstad yes; Commissioner Stewart, yes; and Commissioner Swanson, yes. LETTER FROM B.~BENNETT RE BICYCLE PROGRAM Clerk read letter from Becky Bennett indicating her support of the bicycle program and urging council not to abolish the position. This letter is on file in the Clerk's office. LABOR NEGOTIATIONS- DONWORTH~ TAYLOR & CO. Clerk read memo from Personnel Director s%a~ing that directions had been received to eliminate the contract with Donworth, Taylor and Co. from the 1982 proposed budget. It was recommended that the Council approve and sign the attached letter notifying the firm of this change. Motion by Commissioner Stewart and Mayor Jarstad to approve and sign ~ letter, carried unanimously. PROCLAMATION clerk read a Proclamation proclaiming November 22, 1981 as CHANCE TO DANCE DANCEATHON DAY. CLAIMS ~ by Commissioners Stewart and ~ayor Jarstad to approve Special ~a--~ #27287 - #27291 in the amount of $12,809.54 and Regular Claims #27305 - #27428 in the amount of $109,388.63, audited by Bob Dantini, carried unanimously. COMMISSIONERS REPORTS: City Clerk reminded the Commissioners about the two night meetings scheduled for November 10 and November 24, 1981 at 7 P.M. Also there was to be an executive session held this afternoon at 4 P.M. regarding labor negotiations. City Attorney stated that he had been authorized by the City to file a suit against Winmar and had also been instructed to draw up a Professional Services Agreement for this project, which w-as an additional item of service not covered under his present contract. This fee is not necessar- ily in addition to his present fee, there is money in his budget to cover most of this, this is just a formaiity to cover the services and any additional expenses that may be incurred over and above his budget. Motion by Commissioner Stewart to drop the lawsuit and pay the City Attorney for what has been done, Motion died for loack of a second. Mr. McCluskey discussed the order by the Kitsap County Superior Court judge that Kitsap County does not have jurisdiction over this-case. He stated City Commissioners Meeting November 10, 1981 Page Six C©MMISSI©NERS REPORTS CHNTINUED: they' have moged to intervene in King County. He does not w~nt to spend city money if on January 2nd they are asked not to take further action. Motion by Mayor Jarstad and Commissioner Stewart to accept the Agreement for legal services for the Winmar lawsuit, carried unanimously. Mayor Jars'tad complimented the newly elected commissioners and city clerk on their re-election to their offices. Meeting was adjourned at 12:05 P,M. to be reconvened at 7 P.M. in the City Council Chambers. Tape #235 - Side #1 -#0399 MEETING RECONVENED AT 7:05 P.M. BY M3~YOR JARSTAD, PRESIDING 5f~e ~ ! Mayor Jarstad stated the first item of business would be a recommendation ~% concerning the ambulance rotation list. He stated that he would like to read into the record, the letter from Bob Mussman, Ombudsman to the ambulance committee. The letter recommended one rotation for Little- john and one rotation for Tucker based upon two locations and both companies having the required ambulances to handle the rotation. Motion by Mayor Jarstad and Commissioner Swanson based on the testimony of Chief Meigs and Mr. Mussman to recognize two ownerships and divide the rotation 50/50 between Littlejohn and Tucker. The current rotation to continue until the regular change and then the other company will go on rotation on a 50/50 basis; Commissioner Stewart expressed his feelings against this recommendation saying the larger company could very easily just move part of their equipment to another location, under another name and the rotation problem would continue again. He stated he felt we should go out for bid with our rotation schedule and let the ambulance companies pay us for 0851 it. Commissioner Swanson stated that having a lot of equipment does not mean that it is better than having good equipment and service; and that it was his feeling that it might be best for the City to again go into providing this emergency transport service for the area. 0970 carried as follows: Mayor Jarstad, yes; Commissioner Stewart, no; Commissioner Swanson, yes. PERSONNEL - POLICE DEPARTMENT Mayor Jarstad stated that once again we are faced with budgetary cutbacks in the Police Department for year 1982. At the present time, there are five open vacancies on the force. He felt that other areas should be explored to reduce the budget rather than' a cutback of manpower to enforce law and order in our City. He stated an application had been received from a woman officer who was a former City of Seattle police officer and graduate of a police academy and street trained. In most cases applicants have to be sent to the academy and street trained at a cost to the City of about $12-$15,000 dollars. He expressed his desire to employ this police officer to fill one of the five present vacancies. Commissioner Stewart stated he was against any additional hiring at this time as our budget was already out of balance and this was going to be affecting next year's business as well. He stated you don't save money by hiring new employees. City Commissioners Meeting November 10, 1981 Page Seven PERSONNEL -POLICE' DEPARTMENT CONTINUED Commissioner Swanson stated that he felt we must get the most for our money in the coming year and felt that hiring an experienced officer would save money in the long run. Motion by Mayor Jarstad and Commissioner Swanson to approve the hiring of L--~da Johnson, 1st Yr. Patrolman, effective 11-11-81, at $9.28 per hour, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, no; Commissioner Swanson, yes. 1283 7:45 P.M. HEARING -~'D & D 'INVESTMENTS Clerk stated that this hearing had been posted and advertised according to law and that correspondence had been received concerning this matter. A letter received from Mr. & Mrs. Wallace Music stating they were against the request was read into the record. Also read into the record was a letter received from Harold Rogers expressing his concern over the traffic situation if the project is approved. Mr. Ken Attebery, Planning Director, stated the applicant was request- ing an ~pp~oval of a Rezon~ R-1 to R-2; Shorelines Management Permit and a Hearing on Appeal for Variance granted by the Planning Commission to Section 31. He stated the applicant, D & D Investments, had requested the above for property located on the north side of 19th Street between Naval Avenue and Taft Avenue for the purpose of constructing a 24-unit condominium complex and conversion of an existing structure into a club house for condominium use. Mr. Attebery distributed a few photo- graphs for the record of the existing property. He stated that this request had received Planning Commission approval subject to certain conditio~ as specified in their Advisory Report. The applicant was requesting 1) Application for Rezone R-1 to R-2 2) Shorelines Manage- ment Permit 3) Hearing on Appeal for Variance granted by the Planning Commission to Section 31. Mayor Jarstad asked for testimony on all issues at one time. 1700 Mr. Don Atwood, Architect for D & D Project, stated they were in compliance with all recommendations except would take reservation with the most recent recommendations presented by Engineering Department relating to street improvements,sidewaLksetc. He discussed screeningand public access to the beach. Mr. Paul Pazooki, Engineering Consultant hired by neighbors of the area, stated ~-had been retained due to the fact that the neighbors of the area felt the Planning Commission had not given their concerns adequate consideration. Their main concerns were the traffic situation, the intensity of the project and the fact that the conditions imposed on the project may not be feasible and not able to be met. He discussed the concern over the possible uses of the rezone to R-2 in the event the property was not used for the purpose being requested; and the dominoe effect this would have on future requests for rezone in this area. Mr. Tom Shearer, 1905 Taft Avenue, wanted to appeal the Planning Commission decision regarding the variance granted. He stated he felt this was two parcels of property being proposed for the condominium and that there should be a division made at the low point of the land and only the Dane property be granted a R-2 rezone change. He stated his concern over the possible loss of air space for view from his property on the request of the other parcel for rezone. City Commissioners Meeting November 10, 1981 Page Eight D & D HE~RING CONTINUED: Mrs virginia CoStellO~ 2025 Taft Avenue, stated this was still basic- allQ an area~foll0Wing R-1 conditions of single family dwellings and duplexes. She felt an R-2 rezone would cause the area to loose its schools due to the fact that the property would not be of a moderate price to attract families to purchase and live in the area. 2385 Mrs~ M. Cross, 1916 Taft Avenue, wanted to go on record as opposing the granting of the variance as it goes against the shorelines manage- ment act. Sh~ felt they would be trading the upgrading of the property for a down-grade of the area. She also addressed the traffic situation of the area now as the possibilities of the increase in usage with the proposed project. Mrs. Myrna Green, 3702 Cartier Drive, discussed in great length the waterway ~lt~on and the right-of-way for the existing sewer line. She had inquired into leases for water-rights on the lots proposed by Tape D & D and stated they had not completed the requests for all of the 236 lots in question. She questioned the existing marina as advertised in Side 2 the paper, stating there was no existing marine and stated this was an #0008 illegal hearing because of the shorelines notice. Mr. Horton Hackler, Naval Avenue, questioned the parking situation and also presented an ad that he had clipped from the newspaper relating to waterfront condos. Mrs. Jeanne Misemer, 1564 Naval Avenue, opposed the project due to extra noise and traffic. Dr. Rodney Gleysteen, 2038 Taft Avenue, expressed his concern over the apparent readiness of the Planning Commission to grant rezoning and 0860 variances as requested. Lin Horton, 2028 Taft Avenue, stated she was opposed to the project and felt the Planning Commission did not consider the citizens concerns when they spoke to them. Mrs. Laura Gleysteen, 2038 Taft Avenue, expressed her concern over the 1079 possible dominoe effect of the rezoning. Mrs. Myrna Green, 3702 Cartier Drive, presented another ad to the council as well as a list of petitioners who had been against their land hearing and stated that Commissioner Swanson's wife had also signed the petition. Commissioner Swanson stated that in light of this evidence being presented, he felt that this might imply a conflict of interest in the decision 9:45 PM and left the hearing. City Clerk clarified the document of petition presented, stating that it was not originally submitted for this hearing, 1190 but for the Green's hearing for property on Snyder. E. Shearer, 1905 Taft Avenue, stated a duplex is only one story not two story like condos would be. Mr. Sam Doubleday, 2015 Taft Avenue, stated he was in definite opposition to the rezone request, and was not in the best interest of the area. Mayor Jarstad expressed his appreciation to the citizens of the area for attending and expressing their valid concerns in wanting to establish set boundaries for the property in the area. City Commissioners Meeting November 10, 1981 Page Nine D & D HEARING CONTINUED: Mayor Jarstad stated %hat he wants developers to know that everything on the waterway will not be looked at by this council for rezone. He stated there appears to be no objection to the use of the Dane property. He felt large developments on the waterfront walled up the scenic beauty. Motion by Mayor Jarstad and Commissioner Stewart to deny the rezone request on the basis of the points mentioned, carried unanimously. Motion by Commissioner Stewart and Mayor Jarstad to deny the variance and appeal hearing as requested, carried unanimously. Motion by Commissioner Stewart and Mayor Jarstad to deny the Shoreline Management Permit requested, carried unanimously. Meeting adjourned at 10:05 P.M. KATHLEEN L. MANDIO, City Clerk APPROVED: ~A~S~'~''~Ma or~ ~