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HomeMy WebLinkAbout03/23/77 CiTY COUNCIL MINUTES March 23, I977 Regular meeting of the City Council of' the City of Bremerton, Washington, was held in the City Council Chambers, City Ha11, 239 Fourth Street, on Wednesday, March 23, 1977 at 9:00 A.M.PST with Mayor Jarstad presiding. Also present were Commissioner Stewart, City Clerk Yeadons and Asst.City Attorney Sexton. Commissioner Schoneman was absent, on vacation. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Glen Soule of the Manette Community Church. MINUTES OF MARCH 16, 1977 Clerk read minutes of March 16, 1977. Mayor Jarstad ordered the minutes to stand approved as read. SEPARATION Edwin A. Schlie, Police Dept.~ Retired~ 3/25/77. Motion by Commissioner Stewart and Mayor Jarstad to approve separation, carried. NOTICE OF EMPLOYMENTS James I. Maddock, Municipal Court, Judge Pro Tempore, $9.43 per hr.~ 3/24/77. Gerald D. Kornish, Engineering Dept., Engineering Aide I, $5.26 per hr., 3/21/77. Motion by Mayor Jarstad and Commissioner Stewart to approve notice of employments, carried. CHANGE OF PAY STATUS Vicki Emel, Police Dept., Office Asst. II, $5.00 per hr. to $3.92 per hr., 3/21/77. Motion by Commissioner Stewart and Mayor Jarstad to approve change of pay status, carried. LICENSE APPLICATIONS - Massage Parlor & Masseuse Spain Therapy, approved by Police Dept., Fire Dept., Building Dept., and Health Dept. Mi Cha Olive, approved by Chief of Police and Health Dept. Motion by Mayor Jarstad and Commissioner Stewart to approve Massage Parlor Appli- cation and masseuse license, carried. CLAIMS FOR DAMAGES Michael G. Carter no estimate of damage to vehicle hit by Communications van. Connie M. Aries, $94.59, damage to vehicle hit by Police car. Puget Sound Power & Light Co., $49.43, repairs for overhead conductors. Clerk slated that copies of claims had been sent to insurance company with reports. CERTIFICATION - RESIDENTIAL ONE DISTRICT INITIATIVE 1976 Clerk read certification, dated March 21,1977 which stated that the "Residential One District Initiative 197e ,I petition had been checked by the Kitsap County Auditor and he had certified that the petition contained a Local number of valid signatures of 2,416. Cterk read his certification that this was sufficient. Motion by Mayor Jarstad and Commissioner Stewart to prepare resolution for next week setting the election for March 17, 1977, carried. WAIVER BID CONTRACT - PURCHASE UNDER STATE CONTRACT - RADIOS Clerk presented a requisition to waive call for bids and purchase under State Contract 5 two-way radios at total cost of $8,507.09. Motion by Mayor Jarstad and Commissioner Stewart to approve purchase of 5 Mobile two-way radios under State Contract, carried. CLASSIFICATION OF CALL FOR BIDS - WORK FORCE ACCOUNT (Sheridan Road Improvement) Clerk slated that in the minutes of March 9, 1977 a report came from City Engineer's office requesting permission to call for bids for sidewalk, curb, gutter and other facilities, along both sides of Sheridan Rd from McClain to Wheaton, to be performed in two phases; also, storm drainage to be constructed by Street Dept.; that the estimated cost would be $8,500.00. He stated further that the figure of $8,500.00 for the Work Force Account should have been $51,605.00. Motion by Mayor Jarstad and Commissioner Stewart to amend motion oF March 9, 1977 by stating that the Work Force Account will be $51,805.O0 instead of $8,500.00, carried. CITY COUNCIL MINUTES March 23, 1977 Page two BID REJECTION - DEMOLITION OF RESIDENCE AND GARAGE AT 1332 PARK AVENUE Clerk stated that Commissioner Schoneman had recommended rejecting bid for removal of house on Park Avenue because the City would remove it. Motion by Commissioner Stewart and Mayor Jarstad to reject bid, carried. BID AWARD - LOGGING TRUCK Clerk read memo From Water Superintendent, dated March 22, 1977, which recommended that bid be awarded to Kelly Equipment Sales, Inc., of Olympia For $22,526.00, as the best bid for used equipment. Mr. Sexton agreed this was a proper award. Motion by Commissioner Stewart and Mayor Jarstad to follow recommendation of Water Superintendent and award bid to Kelly Equipment Sales, Inc. of Olympia, carried. BID AWARD - CARPET FOR MAIN FLOOR, CITY HALL Clerk read memo From City Clerk, City Treasurer and Commissioner of Finance, dated March 21, 1977, which recommended that bid be awarded to Port Orchard Carpets as the low bidder meeting specifications. The bid was $3,475.00 plus sales tax. Motion by Commissioner Stewart and Mayor Jarstad to award bid to Port Orchard Carpets, carried. Meeting recessed From 9:25 A.M. until 9:55 A.M. CALL FOR BIDS - HANDLING PARKING FACILITY AT 4th & WASHINGTON Clerk read memo From Commissioner Stewart, dated March 21, 1977, which requested authorization to call For bids for new agreement for handling parking Facility at 4th & Washington. Commissioner Stewart stated that the old contract runs out July 1, 1977 and he would like to call For bids sooner so everybody who wants to bid can do so. Motion by Commissioner Stewart and Mayor Jarstad to call for bids and close bid by June 1, 1977, carried. AGREEMENT BETWEEN CITY OF BREMERTON AND NON-UNIFORMED EMPLOYEES (Jan. 1, 1977 - Dec. 31, 1978) Clerk presented agreement between City of Bremerton and non-uniformed employees for the period from January 1, 1977 through December 31, 1978. Motion by Commissioner Stewart and Mayor Jarstad to accept agreement, carried. RESCHEDULE TALCOTT REZONE HEARING Clerk stated that petitioner for Talcott rezone had requested that hearing be reschedulcd from April 6, 1977 at 10:30 A.M. until April 10, 1977 at 10:50 A.M. Motion by Mayor Jarstad and Commissioner Stewart to reschedule hearing for April 20, 1977 at 10:30 A.M., carried. SHORELINE MANAGEMENT SUBSTANTIAL IMPROVEMENT PERMIT FOR BOAT STORAGE COMPARTMENT Clerk read memo from City Clerk, dated March 21, 1977, which stated that approval was needed from City Council to advertise the proposed building of a boat storage compartment alongside the Fire Tower in Evergreen Park area. Motion by Commissioner Stewart and Mayor Jarstad to approve advertising for Shore- line Management Substantial Improvement Permit for boat storage compartment, carried. PETITION FROM NARROWS APARTMENTS RESIDENTS Clerk presented petition from Narrows Apartments residents requesting correction of lane because of water puddles in parking area. Mayor Jarstad directed that the petition be referred to the Street Superintendent for evaluation and have him report back to the Council. AMBULANCE CONTRACT Clerk read contract For the subsidization of ambulance service between the City of Bremerton and Leyde Enterprises. Me then read a petition requesting rejection of the raise for ambulance subsidy and also to revoke the subsidy agreement entirely. The petition was signed by Katherine E. Penman and 42 other residents of Bremerton and the surrounding community. Commissioner Stewart stated that he had looked into the ambulance subsidy very carefully and every city that has gone into the ambulance -2- CITY COUNCIL MINUTES March 23, 1977 Page three buslness spends anywhere from $125,000.00 to $250,000.00 a year for ambulance service. Bremerton spends much less than this on the subsidy. He stated that the State has taken over the quality of running ambulances and all the City is concerned with is making sure ambulance service is provided that meets the requirements of the State. Katherine Penman, 630 Bertha, stated that she had called Mayor Sarstad after she read about the ambulance subsidy and she thought at that time she would have a month before anything would be done. She stated that the signatures on the petition are just a token and she brought it in to show the Council that people are concerned and very interested about a monopoly on the ambulance service. She asked how anyone knows that the City can't save money by buying and operating its own ambulance service. Commissioner Stewart stated that he had called Bellingham, and many other cities in Washington, as well as writing letters to AWC and every ambulance company he could find and he received no reports at all from these ambulance companies. He stated that he is willing to do the same thing right now and he will give Mrs. Penman free telephone service and the use of his office if she wants to check with other cities to see what it costs them. Mayor Jarstad stated that even with Rescue-I, Bremerton still needs private ambulance service. James Leyde spoke and explained the operation and cost of his ambulance service. Commissioner Stewart suggested raising the subsidy for the next month and let the public study this and come to a decision. Mrs. Leyde asked that a copy of the State rules and regulations be given to Mrs. Penman so that she can see what the extremely high costs of running an ambulance are. Tim Penman, 850 Bertha, spoke about a civil matter concerning Leyde Enterprises and Commissioner Stewart told him that it is not the City Council's function to hear civil matters and he should contact the County Prosecutor. Mr. Penman stated that he had talked to the County Prosecutor and he refused to prosecute and his private attorney told him there was nothing he could do. Bob Mussman, 534 Juniper St., asked what the total cost of ambulance service is to the City of Bremerton. Re stated that the City is paying a lot more than $24,000.00 a year for ambulance service and the Council should take a look at the other costs when it is compared to other cities. Mrs. Penman asked for two weeks to study the agreement and contact other cities before the agreement is signed and the Council agreed to this. Mayor Jarstad commented that residents are getting the best possible service with R-1 and private ambulance for the lowest possible cost. HEARINGS - DAWSON REZONE & PUGET POWER SHORELINE MANAGEMENT SUBSTANTIAL PERMIT Motion by Mayor Jarstad and Commissioner' Stewart to hold hearings at this time, carried. TAPE #101 HEARING - DAWSON REZONE (Final Action) (B) 1184 Mayor Jarstad stated that the Planning Commission had recommended denial of this fezone for many reasons and he and Commissioner Stewart went out to look at the property. He stated that after looking at the property, they decided to follow the recommendation of the Planning Commission and deny the rezone. Motion by Mayor Jarstad and Commissioner Stewart to deny Dawson rezone. Under discussion: Commissioner Stewart stated that he was most concerned about the 15 ft. right-of-way in and out of the property and he felt that access in and out would not be adequate. Motion carried. TAPE #I01 PUGET POWER SHORELINE MANAGEMENT SUBSTANTIAL PERMIT HEARING (B) 1230 Clerk read Staff Review & Recommendation dated March 25, 1977, which requested a Substantial Development Permit be issued to enable Puget Sound Power & Light Co. to replace the existing tower, power line and possibly after inspection the tower foundations and anchors supporting the Port Washington Narrows power line crossing between Smith Cove and Bremerton Cardens. The Staff Review recommended that the Substantial Development Permit be approved with the conditions that: (1) A public access easement of not less than 15 ft. be granted to the City along the top of the bank from Puget Power west to cast property lines along Smith Cove; (2) A public access easement from the north end of Highland Ave. to the above shoreline easement bc granted to the City; and (3) Upon completion of the project that the site be relandscaped to prevent erosion and improve visual appearance of the utility area. Clerk stated no written comments had been received and that he had posted and published as required by law. Ken Attebery, Planning Director', read Ecology Guidelines and then discussed the area using two site plan maps. On question from Commissioner Stewart, Mr. Abtebery stated that -5- CITY COUNCIL MINUTES March 23, 1977 Page four Puget Power intended to build in the same place as presently used for the towers. Mr. Attebery suggested an easement from Puget Power for the purpose of the long- range plan to try to link together the CBD with Evergreen Park and noted that both the comprehensive plan and the Smith Neighborhood plan show this in their long- range planning goals. Mr. Attebery discussed the recommendations for public access easement. Commissioner Stewart asked if there was not access at the Ever- green Park and Mr. Attebery stated this was true but suggested that a link may be obtained in the adjoining area. Mr. Al Snyder, Manager-Superintendent of Puget Power, Western Division, discussed their proposed plans to replace the present structures which are over 60 years old and deteriorated to the point where the company is concerned about public safety and continuity service; that the only thing to do is a total replacement job. Puget Power would like to replace the towers in place with a little heavier gauge wire and a new set of conductors, possibly using the same foundation spots. Also stated they didn't trust the foundations because of their age and expect to replace them at Smith Cove. Commissioner Stewart asked if they had any objection with the recommendation of the Planning Dept. and Mr. Snyder stated they had no objection. Mayor Jarstad asked if the company owned some access, would they give easements and Mr. Snyder stated if the City could get others to participate, they would give easements as they have in other cases; but that the security of the tower would have to be preserved and they would be concerned about public liability. Commissioner Stewart stated if there was a problem of security, then the company probably would not want to give access and Mr. Snyder stated he did not see any problem with access on the shore; that the tower could still be isolated. Mayor Jarstad stated it should be noted that Puget Power made a statement they would have no objection if the day came to provide access and they would have the tower screened off. Motion by Commissioner Stewart and Mayor Jarstad to grant a Substantial Development Permit to build their new towers and authorize a building permit to be issued to do that work and declare a Negative Declaration of Non-Significance for Environ- mental Impact. Under discussion: Mr. Snyder stated he assumed this same hearing constitutes the process for their building permits and Mr. Atteberry stated it did. Motion carried. PROPOSED ADOPTION OF COMPRERENSIVE LAND USE PLAN & LAND USE RESTRICTIONS (Clare's Marsh) Clerk stated he had sent a letter to Mr. Bastian and Mr. O'Hare with a copy of the ordinance informing them that the proposed adoption would be presented to the commissioners today. Meeting recessed from 11:04 A.M. until 11:08 A.M. ZONING ORDINANCE INITIATIVE Mr. Sexton read a letter addressed to Mr. 01sen and signed by Mr. Campbell of the Municipal Research and Services Center, dated March 22, 1977, which stated that Zoning Ordinance No. 1792, as amended by Ordinance No. 5210, may not be amended by an Initiative Measure. Mayor Jarstad suggested that a copy of the letter be sent to Mr. Amo and Mr. Weld and if they want to meet with the commis- sioners, it should be arranged. City Clerk stated that he would write a letter to Mr. Amo and Mr. Weld and personally deliver both letters to them this after- noon. ORDINANCE, FIRST READING, CLARE'S MARSH COMPREHENSIVE LAND USE AND ZONING PLAN Clerk read, first reading, "AN ORDINANCE AND RESOLUTION adopting a comprehensive land use plan and zoning plan for certain real property reasonably expected to be annexed to the City of Bremerton at a future time, such planning and zoning to become effective upon annexation and, in part, amending the use and area maps according to Ordinance No. 1792 (Clare's Marsh)" Motion by Commissioner Stewart and Mayor Jarstad to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Absent. -4- CITY COUNCIL MINUTES March 23, 1977 Page Five PROPOSED LEASE BETWEEN KCCS AND CITY OF BREMERTON Mr. Sexton read a portion of the proposed lease which gave KCCS the right to renew the lease for a period of 50 years. After lengthy discussion, it was decided that the lease should run for 10 years renewable to a maximum of 25 years and the building should be constructed on the first piece of property which was agreed upon, rather than the site at Werner and Union. Motion by Commissioner Stewart and Mayor Jarstad to approve lease for signature with proper legal description and for 10 yrs, 10 yrs renewable and 5 yrs only, carried. PUBLIC RECOGNITION Mr. Widen, Petersville Rd., discussed with the Council his feelings about the traffic hazards and needs for fifth-laning on Wheaton Way. BILLS Motion by Mayor Jarstad and Commissioner Stewart to give blanket approval to vouchers 6172 to 6289 inclusive in the amount of $94,785.13, audited by John Ross, carried. TERMINATION OF ALERTING SERVICE CONTRACT BY BFD - NORTH PERRY) Clerk read letter' from Fire Protection District No. 5, dated March 18, 1977, which requested that the contract with the City of Bremerton For alerting service by the Bremerton Fire Dept. be terminated effective June 15, 1976. Motion by Mayor Jarstad and Commissioner Stewart to terminate contract, carried. PARKING ON RUSSELL ROAD Clerk read memo From Planning Dept., dated March 22, 1977, which stated that the Planning Commission recommend that the City Council recommend to the Chief of Police that signs be posted to indicate that there be no parking on the north and west side of Russell Rd. from Oyster Bay Rd. to Baer Blvd. Motion by Commissioner Stewart and Mayor Jarstad to refer recommendation to Police Dept., Traffic Division, for their comments, carried. LEE LOPRIORE MULTIFAMILY DEVELOPMENT - SOUTH END OF PEARL PLACE Clerk presented a restrictive covenant for the Lee Lopriore multifamily develop- ment and read a memo from the Planning Dept., dated March 21, 1977, which stated that the restrictive covenant was approved and completed before the moratorium and rescinding of the 9 dwelling units per acre portion of Ordinance No. 1792. Motion by Commissioner Stewart and Mayor Jarstad to approve restrictive covenant and authorize mayor and city clerk to sign for the City, carried. COASTAL ZONE MANAGEMENT GRANT APPLICATION Clerk read memo From Planning Dept., dated March 23, 1977, which stated that the grant being applied for is from the Dept. of Ecology under Section 306 of the Coastal Zone Management act; that the Funds received are to be used during Fiscal Year 1977 for the revision and refinement of Shoreline Master Program as well as administration of that program. It stated Further that the Federal/Local share is 80/20% respectively and that the local contribution will be non-cash and will be satisfied by contributed services of' city staff. RESOLUTION NO. 1712 Clerk read "RESOLUTION authorizing the Filing of an Application with the State of Washington Department of Ecology For Coastal Zone Management Assistance under Section 306 of the Coastal Zone Management Act". Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1712, carried. AMBULANCE SUBSIDY Motion by Commissioner Stewart and Mayor Jarstad to extend Leyde contract for ambulance service one month and pay $15.00 per call, to a maximum of $2,000.00 per month, carried. REPORT ON ORDINANCE NO. 3555 Clerk stated that no change or amendment of zoning ordinance can be made without first going through the Planning Commission. Clerk stated this ordinance was not Motion by Commissioner Stewart and Mayor Jarstad to refer Ordinance No. 3353 to the Planning Commission, carried. -5- CITY COUNCIL MINUTES March 25, 1977 Page six ORDINANCE NO. 3355 Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (James R. Robinson)". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3355, by title only, carried as follows: Mayor Jarstad; Yes; Commissioner' Stewart, Yes; Commissioner Schoneman, Absent. ORDINANCE NO. 3354 (NINE DWELLING UNITS PER ACRE) Clerk read, second reading, "AN ORDINANCE sending Sections 300 and 328 of Ordinance No. 1792 as amended by Ordinance No. 3210". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3354, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman; Absent. ORDINANCE, FIRST READING, BERGQUIST/WHITNEY REZONE Clerk read, first reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (BERGQUIST/WttITNEY)". Motion by Commissioner Stewart and Mayor Jarstad to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner' Stewart, Yes; Commissioner Schoneman, Absent. COMMISSIONERS' REPORTS Commissioner Stewart: 1. Stated that a representative from UMTA wlll be here on April l, 1977 to look over the City's operation. 2. Wants to obtain a Disk Pack for the computer on a purchase/lease agreement which will cost $425.00 per month. This is the only equipment compatible with the Burroughs Computer' and will act as a translator. This is a recent innovation of the Burroughs Co. to speed up the operation. At this time, the single source of supply is this computer equipment. 8,000 memory for main frame computer. Motion by Commissioner Stewart and Mayor Jarstad to obtain Burroughs Disk 'Pack on a purchase/lease, carried. 3. Association of Washington Cities is asking for support against Senate Joint Resolution 104. This bill would eliminate our Municipal Court and there are several reasons that the City should not want this to be passed. One is, there would be a District Court of Record, the City would have no control over ordinances and the Supreme Court should not be in the business of controlling courts down to the municipal level. Motion by Conmissioner Stewart and Mayor Jarstad to oppose Senate Joint Resolution 104, carried. Meeting adjourned at 11:50 A.M. G. C. Yeadon, St., City Clerk Approved: Glenn K. Jarstad, Mayor -6-