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HomeMy WebLinkAbout02/17/81 CITY COMMISSIONERS' MEETING MINUTES A!'R VED 17, 198l FEB Z 4 198i TAPE 208 Regular meeting ~ the City Commissioners of the City of Bremerton, (A) 1310 Washington, was ~eld in the Council Chambers at City Hall, 239 Fourth Street, omTuesday, February 17, 1981 at 9:05 aom., with Mayor Jarstad p~Faiding. Also present were Commissioners Stewart and Swanson, Cit$Clerk Mandio, City Attorney McCluskey and representativesmf the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Mayer Jarstad. MINUTES OF FEBRUARY 10, 1981 Motion by Mayor $arstad and Commissioner Stewart to approve the minutes as presemted, carried unanimously. SEPARATIONS Thomas Frieholtz, Engineering, Engr. Aide I, Resigned, 2-13-81. Debra C. Williams, Civil Service, Temp. Office Asst., accepted C/S eligible position in Engineers., 2-13-81. NOTICE OF EMPLOYMENT Richard Osborn, Parks/Rec., Seasonal (basketball referee), $3.25 per hr., effective 2-9-81. Motion by Mayor Jarstad and Commissioner Stewart to approve Separations, and Notice of Employment, carried unanimously. LETTER FROM BENNETT FORD, INC. Clerk read a letter from Harry Bennett of Bennett Ford., Inc. regarding the bid call for 10 police vehicles. Mr. Bennett returned the bid specs for the police vehicles stating the specifications are not written so he can bid his product. His letter states that when specifications are written so he can bid his product, he will bid. Mayor Jarstad asked the Clerk if there is anything in the specifications which would eliminate any dealer from bidding. The Clerk stated the specifications have the statement that exceptions may be considered in making an award, and "or equal". Commissioner Stewart asked the City Attorney to continue to look at exempting the B&O Tax for City bidders. TIME EXTENSION FOR CONTRACTS, NO. 1996 and NO. 1986 Clerk presented requests from Water Supt. to extend Contract #1996 to March 20, and Contract #1986 to March 16 due to delays in the manufacture and shipment of equipment. Motion by Commissioner Swanson to extend the contracts as requested. He stated Mr. Moore had furnished the necessary documentation requested at last week's Council Meeting. Seconded by Mayor Jarstad, carried unanimously. 1981 TREE PLANTING CONTRACT Clerk read memo from Water Supt. stating all contract requirements have been met, and recommending City Council accept the project as complete and make payment less 10% retainage. Motion by Commissioners Swanson and Stewart to accept 1981 Tree Planting Contract as complete, carried unanimously. ORDINANCE NO. 3625 - SECOND READING Clerk read, second reading, "AN ORDINANCE amending Section 5 or Ordinance 133; Section 12 of Ordinance 200, as amended by Section 1 of Ordinance 1894; Section 7 of Ordinance 347; Section 10 of Section 465; Section 7 of Ordinance 653; Section 7 of Ordinance 749; Section 4 of Ordinance 863; Section 10 of Ordinance 882, as amended by Section 8 of Ordinance 1531, as amended by Section 2 of Ordinance 2161; Section 3 of Ordinance 920; Section 17 or Ordinance 970; Section 5 of Ordinance 1382; Section 5 of Ordinance 1442, as amended by Section 2 or Ordinance 2156; Section 7 of Ordinance 1513; Section 13 of Ordinance 1521; Section 21 of Ordinance 1524; Section 6 of CITY COMMISSIONERS ' MEETING MINUTES February 17, 1981 Page TwO ORDINANCE NO. 3625 - SECOND READING contd Ordinance 1662; Section 6 of Ordinance 1777; Section 8 of Ordinance 1778; Section 7 of Ordinance 1842, as amended by Section 4 of Ordinance 1908; Section 27 of Ordinance 1917; Section 15 of Ordinance 2169, Section 8 of Ordinance 2177; Section 109 of Ordinance 2202; Section 6 of Ordinance 2875; Section 35 of Ordinance 2888; Section 18 of Ordinance 3012; Section 15 of Ordinance 3187 and Section 4 of Ordinance 3517 relating to penalties for violations of such ordinances." Motion by Commissioners Stewart and Swanson to approve Ordinance 3625 on second reading, by title only, as follows: Mayor Jarstad, yes; CommissiOner Stewart, Yes; Commissioner Swanson, Yes. COMMUNITY SERVICE/JAIL TIME Mayor Jarstad stated he had talked with Judge Alexander regarding sentencing and community service for DWI and eluding an officer offences. The Judge supports giving him some flexibility in that area. Commissioner Swanson stated that he would go along with waiving part of the jail time, but felt some jail time is necessary. Mayor Jarstad suggested we change the ordinance to allow for community service and monitor how these cases as handled. The Judge feels he can be firmer if he has some flexibility. Motion by Mayor Jarstad that we instruct the City Attorney to talk to the judge and prepare an ordinance granting the flexibility in both these cases (DWI and Eluding an Officer), and that we have 30 days mandatory and that we monitor the sentencing. Seconded by Commissioner Stewart, carried unanimously. BID PROPOSAL - LOGIC ANALYZER Clerk read a memo from Communications Supv. recommending contract for Logic Analyzer be awarded to Tek~roniz, Inc. the only bidder, less timing option 01 specified as optional, for a total price of $5,468.24 including tax. Motion by Commissioner Stewart and Mayor Jarstad to award contract for Logic Analyzer to Tektronix, Inc., carried unanimously. OUTSIDE UTILITY AGREEMENT BLACKWOOD PROPERTY - PERRY AVENUE Clerk read memo from Acting City Engineer Parker stating proposal for subject property is to remodel an existing office building into a restaurant and connect to city sewer system. Recommendation is to deny as the request does not meet any of four requirements of the Bremerton Outside Utility Agreement Resolution. Motion by Commissioner Swanson and Mayor Jarstad to deny the Out- ~de Utility Agreement for Blackwood property, carried unanimously. TRAINING CENTER REQUEST Clerk stated Dr. Proctor is meeting with CH2M Hill, and this item be brought up and discussed further at next week's Council Meeting. BILLS ~'6'~n by Commissioner Stewart and Mayor Jarstad to approve Vouchers 21684 through 21769 inclusive in the amount of $37,670.55 and Vouchers 21679 and 21680 in the amount of $21,980.00, audited by John Ross, carried unanimously. BUDGET Commissioner Stewart stated there is a serious problem based on revenue projections and the amount of money we are spending. He stated we need to make some firm decisions. Mayor Jarstad stated he has asked his department heads to set priorities as to who they can do without. Mayor Jarstad stated that if we are successful in selling Police and Fire services to the Federal Government that will help. He stated the $300,000 Trident Impact Grant has been assured Recess 9:40 to 10:30 CITY COMMISSIONERS' MEETING MINUTES February 17, 1981 Page Three TAPE 208 10:30 A.M. HEARING RON ROSS CLARES MARSH ANNEXATION (A) 1630 Clerk stated this hearing has been advertised, posted and letters of notification sent as required by law. She stated there was no correspondence received. Ken Attebery, Planning Director presented a request for annexation into the City of Bremerton of area commonly known as Clare's Marsh, which is 74.1 acres. Mr. Attebery outlined public and private costs and benefits. Water is currently provided to the site by the City; the site is presently serviced by City storm sewer and sanitary sewer lines; there is City bus service along Wheaton Way and Riddell Road; the area would be served by the full-time City Fire Department. The City would benefit from the following taxes collected within the area: Sales Tax; property tax; B&O Tax; Utility Taxes and miscellaneous taxes and license. Economic activity may be stimulated. On September 16, 1980, City Council required that all properties within the annexation area shall assume their share of City indebtedness. The County and North Perry Fire District would suffer lost tax and fee revenues as a result of annexation. While property owners within the subject area will experience some increase in taxes, they will pay lower fire insurance rates; at the same time the level of services will increase or stay at the same level. The City will have to provide more public services to the area. The proposed annexation will create more logical service area boundaries. Mr. Attebery then gave a background and history of the application, which is contained in the Advisory Report on file in the City Clerk's office. Mayor Jarstad asked for comments from anyone regarding the proposed annexation. Tom O'Hare, Silverdale WA., Attorney for the Applicant, complimented the Planning Department staff on their excellent report. He stated this is a highly appropriate action to add this area to the City. He stated the property tax information on page 2 of the report is not consistent with information he received from the County Treasurer's office. He has information there is no significant difference in the taxes. There is only about 5¢ per $1,000. Mrs. James Barrie, 3915 Wheaton Way NE, stated she is against the annexation and so is Mrs. Allen Olmstead and Mr. and Mrs. Lopez. The tax rate in her area is about $9.64 per thousand and in the City it is around $11. She stated they have been condemned four times to give the developer the amenities. She discussed the City's sewer problem. She stated the EIS showed the Barrie's way of life and what they are doing to be destroyed. TAPE 208 Everett Edwards, 4133 Wheaton Way, stated he objects to the annexa- (A) 1986 tion. He stated he has his own water, sewer and private road and would receive no benefits from the City. The opposition to the annexation is out of the business zone. TAPE 208 James Robinson, owner of property west of Parker Lumber, stated he (A) 2092 is in favor Of annexation. John Ramage, 1315 Hollis, spoke in favor of the annexation if the property is cleaned up and developed. Nell Ness, 1111 E. Riddle Road, stated he is in favor of the annexation. CITY COMMISSION~{S' MEETING MINUTES February 17, l~]~tL Page Four BID OPENING Concessionaire Bremerton Athle~c Roundtable, bid check enclosed, 10%, plus a new scoreboard Dr Sheridan Park in the amount of $1500.00. Motion by Mayor Jarstad and Commissioner Stewart to award bid to Bremerton Athle~.c Roundtable, the only bidder if specifications are met, carrie~unanimously. 'APE 208 10:30 HEARING - ~LARE'S MARSH ANNEXATION contd (A) 2118 Tom O'Hare state~Mr. and Mrs. Lopez signed the annexation petition. Mrs. Barrie state~they thought they were forced to because of an Outside Utility~greement. Mayor Jarstad discussed the Boundary Review Board and the need for straight boundar~ lines. Mr. Edwards asked that his property be left out of the annexation. lAPS 208 Mrs. Barrie questioned the 90 percent of accessed'valuation. (A) 2296 Motion by Mayor Jarstad and Commissioner Stewart that based on the findings of fact, conclusions and exhibits contained in the Bremerton Planning Depar'tment Advisory Report and in cohsideration of the testimony presented at this public hearing, WE HEREBY FIND that annexation of the subject property into the City of Bremerton is consistent with the public health, safety and general welfare of the City; and WE THEREFORE DETERMINE that annexation of the subject property shall be made under the terms set by the City Council on September 16, 1980, and as outlined in the annexation petition and in the notice of public hearing for the February 17, 1981 hearing, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. NEW SILVERDALE SHOPPING CENTER E.I.S. Clerk read memo from Planning Director requesting City Council authorization to secure the services of a qualified economist to assist Bremerton in its response to the new Winmar E.I.S. Motion by Mayor Jarstad and Commissioner Swanson to authorize services of a qualified economist to assist Bremerton, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Swanson, Yes. INITIATIVE PETITION Clerk suggested putting the Ambulance Subsiday and Initative Petition on the May, 1981 ballot with School Dist. to save money. Motion by Mayor Jarstad and Commissioner Stewart to put the Ambulance Subsiday and Initative Petition on the May, 1981 ballot, carried unanimously. GRANT AWARD/WESTSIDE FIRE STATION Clerk read memo from Grants Administrator stating the City's request for $300,000 for Trident Impact Funds to assist in construction of the new Westside Fire Station hasbeen approved, and request Mayor Jarstad be authorized to accept the Grant Agreement for the City contingent upon the approval of the City Attorney. Motion by Mayor Jarstad and Commissioner Stewart to accept the Grant Agreement contingent on approval of the City Attorney, carried unanimously. CITY CO~4ISSIONERS' MEETING MINUTES February 17, 1981 Page Five COMMISSIONER REPORTS: Commissioner Stewart: The Commissioner stated the bond market is terrible and he is concerned about our up coming bond issue. We may have to hold it. Meeting recessed 11:25 a.m. to reconvene at 1:00 p.m.for Briarcliff Hearing. Kathleen L. Mandio, City Clerk APPROVED: AIdtOYED ciTY CO ISS ONERS' MEETINC MINUTES FEB 24198! February 17, 1981 . Page Six ~. BRIARCLIFF RESTAURANT HEARING Recessed City Council meeting was called to order at 1:00 p.m. in the City Council Chambers with Mayor Jarstad presiding. Also in attendance were Commissioner Stewart, Commissioner Swanson, Clerk Mandio, and Asst. City Attorney Sells. City Clerk Mandio stated Notice of Special Hearing was given as required by law. Mayor Jarstad asked Asst. City Attorney Sells to explain the nature of the hearing. Mr. Sells stated that the City Clerk's office received complaints from the Police Department regarding excessive noise at the Briarcliff Restaurant. BMC 5.46 authorizes the issuance of a license permitting dancing and other entertainment only in the interest of the public peace, health, safety and morals. The Council has the right to revoke or suspend the license if not in the public interest. This hearing is to determine if that is the case. Deputy Chief Shoemaker stated that there has been an on-going noise problems for some period of time. Following the sale of the business to Mr. Johnson in June 1980, they received an additional 16, com- plaints of noise. Mr. Shoemaker presented his memo of January 27,1981 outlining the complaints. This is on file in the Clerk's office. There may have been more than one call on the dates listed. The complaints were made by Mr. Simpkins, Ms. Forsten and Mr. Stewart. It is the opinion of the Police Department that these constitute an on-going disturbance of the peace and quiet of the neighborhood. Walt Alloway, City of Bremerton Compliance Officer stated that because of the'number of complaints, noise readings were taken. TAPE 208 Mr. Alloway explained the decible readings allowable under state (A) 2487 statute. He stated according to his readings the statue was violated. He stated the readingwas 7-11 db over what the State allows. A copy of Mr. Alloways readings, dates, locations, and findings are on file in the Clerk's office. He discussed the letter sent to the Briarcliff by DOE and that he uses the same noise reading device DOE. He stated that the Briarcliff owners had made some modifications to the building. TAPE 208 Bob Banghart, 3627 Wheaton Way, representing the owners of the (B) 0001 Briarcliff, discussed the WAC provisions used and how they were applied. The Class A and Class B zones were discussed and what is allowable. He stated the criteria from 10:00 p.m. to 10:00 a.m. is 47, not 45 as Mr. Alloway had suggested. Discussion followed regard- ing the type of machine used, which Mr. Alloway stated is a Quest 215 sound level meter, and about the use of a wind screen which was not used. Discussion followed regarding Mr. Alloways knowledge and use of noise metering devises; LEQ machines, psycho-acoustics, calibration of the machine and ambiant noise levels. City Clerk read letter from the Chamber of Commerce asking that the business be given due process and consideration when the revocation of the business license is at issue. Wayne Simpkins, 5232 Kitsap Way, stated that he cannot sleep at night because of the music. He stated he can sometimes hear lyrics and the drum beat and only light traffic noise occassionally. Mr. Stewart is ill and not present but is bothered by noise. Margaret Forsten, 921 Pershing, Apt. 104 stated she can hear the music when the windows are closed and lives on the side near the Briarcliff. Mayor Jarstad asked about complaints about other facilities that have a band. Deputy Chief Shoemaker stated there are occassional com- plaints. Tim Arnold representing the condominum management stated they do not want to stop free enterprises system of business; they are asking for some serious endeavor so that the business can continue and that the surrounding residents are not disturbed. CITY COMMISSIONERS' MEETING MINUTES February 17, 1981 Page Seven BRIARCLIFF RESTAURANT HEARING contd Mr. Banghart stated the new owners took over in May 1980 and were advised by the previous owners that they had made changes and were in compliance. Discussion followed regarding various noise readings. He stated they have elevated the band 4'6" to help and insulated and carpeted. Discussed a machine to give the average db and tests that were independently performed showing they are in compliance with the statute. He stated that he did not get a response to his inquiry to the City regarding the noise problem and they want to be in com- pliance and be good neighbors. He discussed the problem in getting the owner of the building to make some of the structural repairs. He stated triple pane windows had been installed at considerable expense. Discussion followed regarding noise levels and the use of a machine borrowed from Boeing. Also discussed was the psychology and physiology of noise complaints. Commissioner Stewart stated he was concerned about the residents that are bothered by the noise and something had to be done. Dis- cussion followed regarding what the City requires and what they would consider to be in complaince. FAPE 208 Discussuion followed regarding other restaurants that are in com- (B) 1932 plaince and the fact that they are built without windows. Recessed 2:50 -returned 3:05 TAPE 208 Mr. Sells reiteriated under what considerations the license is issued (B) 2254 and a decision must be made under that criteria. We are not strictly governed by the WAC provisions, but it should be taken into consid- eration. Mr. Banghart stated he does not know what to do because he does not know the criteria. He stated the Briarcliff will comply with whatever the criteria is. Mr. Peter Brennen, 4432 NE 78th, Renton, an accoustics specialist for the Briarcliff stated that there are things that can be done. The windows are the problem and can be blocked out or have a curtain that would screen out noise. Any changes will be expensive, but can be accomplished. It could be done within 90 days. He stated he needs goals in order to come up with a design. TAPE 209 Discussion followed regarding the design of the building and cost of (B) 0001 sound proofing. Motion by Commissioners Stewart and Swanson to revoke the license and t~at they carl come back after modifications are made. Mayor Jarstad asked Mr. Banghart if he had authority to hire Mr. Brennen to make the structural changes. Mr. Banghart stated he could quickly get the authority. He stated that he would prefer to allow them to continue for a period of time with the condition that they embark on a solution to take care of the problem. He stated that the new owners inherited the problem and he would like to work with the owners. Mayor Jarstad stated that there is a problem in that they are new owners and feel that they were not kept informed by the City. They have already gone to the expense of getting monitors and structural changes and I would like to see us work with them. I would like to give them that opportunity without creating a financial obligation on the operation. The alternative is a possible law suit. I would rather work with the business people and neighbors to eliminate the problem. Commissioner Swanson stated it is significant that the Police Depart- ment has brought to this Council as a recommendation to lift the entertaimnent license and this was a last resort after other efforts exhausted. He stated the City has exhibited tolerence and patience. CITY COMMISSIONERS' MEETING MINUTES February 17, 1981 Page Eight BRIARCLIFF RESTAURANT HEARING contd Mr. Sells stated that what has been suggested was revocation of the license with a suspension for a period of time with the Briarcliff doing the things we set down and that is possible. He stated the Council can 1) revoke the license; 2) suspend for period of time; 3) revoke or suspend pending Briarcliff doing what the Council asks it to do. The other alternative is that they are not disturbing the public health, safety and welfare. IF you suspend the license you must make the finding that the music is too loud based on 'the testimony before us today. Mr. Banghart stated this is a step by step process. The changes take money and time to order and construct. They need the revenue from the dancing and entertainment to pay for the structural changes. Mayor Jarstad asked to amend the motion that the license will be revoked by the Council, but termination date be suspended for ninety days and at that time they come back and show that they have made improvements satisfactory to the neighbors. He asked if ninety days is sufficient time. Mr. Brennen answered yes. Commissioner Swanson asked Deputy Chief Shoemaker's impression of their willingness to comply. Mr. Shoemaker stated that an attitude is hard to assess. He stated that a suspension of the license with a review in ninety days would be appropriate. Discussion followed regarding possible court action. Mr. Stewart stated be opposes the amendment. Amendment died for lack of a second. Question called on motion to revoke the license and that they can come back after modifications are made, carried as follows: Mayor Jarstad, No; Commissioner Stewart, Yes; Commissioner Swanson, Yes. Mr. Sells stated he will prepare Findings of Facts & Conslusions and obtain Commissioners signatures tomorrow at the point it is given to Mr. Banghart it will be in effect. The Briarcliff can reapply at any time. Adjourned 4:30 p.m. ° naio, city clerk APPROVED: