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: