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HomeMy WebLinkAbout02/07/78 .. ,~. UNAPPROV~ MINUTES CITY COMMISSIONERS' MEETING MINUTES February 7, 978 FEB ! ~ 1978 'APE #127 Regular meeting of the City Commissioners of the City of Bremertbn, Washington, (A) 444 was held in the Council Chambers at City Hall, 239 Fourth Street Street, on Tuesday, February 7, 1978 at 9:00 A.M. with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner. Swanson, City Clerk Mandio, Asst. City Attorney McCluskey and representatives from the press and radio. Meetiqg was opened with the Pledge of Allegiance and invocatidn was given by Rev. Bob Vahey of St. Luke's Methodist Church. MINUTES OF JANUARY 31, 1978 Clerk read minutes of Jan. 31, 1978. Mayor'Jarstad ordered the minutes to stand approved as read. SEPARATIONS Henry L. Thomas, Street Dept., Serviceman I, 1/30/78. Jacqueline Morris, Planning Dept., Extra Labor (Draftsperson), 1/31/78. Motion by Mayor Jarstad and Commissioner Stewart to approve separations, Carried unanimously. NOTICES OF EMPLOYMENT Jacqueline Morris, Planning Dept., Extra Labor (Draftsperson), $3.75 per hr., 4C-hr. per wk. position for approx. 12 mo., 2/1/78. Teresita Taitingfong Santos, Building Dept., Office Asst. II, $4.20 per hr., Motion by Commissioners Stewart and Swanson to approve notices of employment, carried unanimously. CHANGES OF PAY STATUS Dawn R. Curtiss, Municipal Court, Deputy Clerk.of the Court, $5.16 to $5,30 per Glenn Smestad, Water Supply, Operator II, llC to liD, $7.40 to $7.CZper hr., Jim Cobb, Water Supply, Auto. Serviceman St, 12C to 12D, $7.71 to $7.94 per hr., 2/6/78. Gary A. Johnson, Fire Dept., Firefighter 2nd Class (3rd Yr.), $5.16 to $5.41 per hr., 1/28/78. Ronald E. Nelson, Fire Dept., Firefighter 1st Class (4th Yr), $5.41 to $5.66 per hr., 2/10/78. David J. Moen, Fire Dept., Firefighter 1st Class (4th Yr.), + Paramedic Diff., $5.73 to $5.98 per t~r., 1/16/78. Cyril Fitchard, Parking Systems Revenue, Extra Help, $5.75 to $6.15 per hr., Craig E. Rogers, Police Dept., 2nd Yr to 3rd Yr. Patrolman, $7.23 to $7.58 per hr., 2/9/78. Motion by Commissioners Stewart and Swanson to approve changes of pay status, 6~rried unanimously. TAXIC~ DRIVERS' LICENSE APPLICATIONS Richard Ferris George, approved by Capt. Cundiff for Chief of Police; Elaine Audrey Self, approved by Capt. Johnson for Chief of Police; and Henry Leon McInnis, approved by Capt. Johnson for Chief of Police. Motion by Commissioners Stewart and Swanson to approve applications for taxicab ~'~ver's licenses, carried unanimously. CALL FOR BIDS - Reservoir #18 Construction Clerk read-memo from Water Superintendent, dated Feb. 6, 1978, which requested authorization to call for bids for proposed 1MC Reservoir #~8 construction project. The memo stated the proposed reservoir will be built on City property off Cheryl St. adjacent to existing Reservoir #15; that the plans and specs have been approved by City Attorney's office and State Health Dept. and there is 40% Referendum I~nding and 40% Trident Impact funding is available with 20% local funding. Motion by Commissioners Swanson and Stewart to approve call for bids for construc- tion on #18 Reservoir, carried unanimously. CITY C0b~ISSIONERS' MINUTES FebImary 7, 1978 Page two CALL FOR BIDS - 3/4 Ton Pickup for Wastewater Dept. Clerk read memo fi'om Wastewatcr Supervisor, dated Feb. 3, 1978, which requested authorization to call fox' bids for a new 3/4 ton pickup %o be used as a repair and maintenance service vehicle fox' wastewatcr operations. Thc memo stated the existing vehicle #32 will be transferred to Water Supply for use as a mobile welding service truck. Motion by Commissioners Swanson and Stewart to approve call for bids for 3/4-ton ~ fol. Wastcwatcr Dept.', carried unanimously. CALL FOR BIDS - New Sludge Truck Chassis for Wastewater Dept. Clerk read memo from Wastewater Supervisor, dated Feb. 7, 1978, which requested authorization to call for bids for now or used truck chassis for hauling liquid digested sludge. The memo stated it will also be necessary to purchase a 3,000 to 3,500 gal. al~ninma or steel tank and a special chopper pump to be installed after the t~uck is received; that the total estimated cost for tank, truck, pump and installation is expected to be around $35,000 and less if an acceptable used truck is purchased; that $42,500 has been budgeted fei' this purpose. Motion by Commissioners Swanson and Stewart to approve call for bids for truck chassis for hauling liquid digested sludge, car~'ied unanimously. WORK FORCE ACCOUNT - Pipe Installation on Wheaten Way Clerk read memo from Water Superintendent, dated Feb. 3, 1978, which stated water , service is insufficient between Hollis Ave. and Broad St. on the west side of Wheaten Way and the Water Dept. has plans to extend the existing 8" ductile iron water main before the sidewalk is constructed. The memo stated further the total estimated cost for this proOect is $8,264.58. Motion by Commissioners Swanson'and Stewart to approve work force account for installation of 8" ductile iron water main on the west side of Wheaten Way from Rollis Ave. to Broad St., carried unanimously. BREMERTON CONCRETE PRODDCTS REZONE HEARING CONTINUANCE - Clerk read letter from Paul McConkey, dated Feb.. 1, 1978, which stated he has received a subpoena to testify before the Grand Jury in Portland, OR on Feb. 21, 1978; that he would like a delay of City Council's decision on the Bremerton Concrete Products Rezone until Feb. 28, 1978 at which time he will be present. Motion by Mayor darstad and Commissioner Stewart to continue Bremerton Concrete P~---~ucts Rezone Hearing decision until Feb. 28, 1978, carried unanimously. ARMED FORCES DAY PARADE Clerk read letter signed by Jay Clemens, Executive Director of Chamber of Commerce, dated Jan. 31, 1978, which requested, permission to use the streets for the annual Armed Forces Day Parade which is tentatively scheduled for May 20, 1978. Clerk stated the Certificate of Insurance was attached along with an application to hold the parade. Motion by Mayor Jarstad and Commissioner Stewart to approve use of streets for the annual Armed Forces Day Parade, carried unanimously. OFFER OF GRANT AWARD - Pine Road Interceptor Clerk read memo from Grants Administrator, dated Feb. 6, 1978, which stated that an Offer of Grant Award for $83,550 has been received from the Environmental Protection Agency for the 75% federal share to construct the Pine Road Interceptor; tha~ the City accepted a grant award from the Dept. of Ecology for the 15% state share for construction on this project, which amounts to $16,710; and therefore, Grant Offers have been received for a total of 90% or $100,260. Commissioner Swanson stated they are moving along on this as rapidly as possible and he hopes it can go out for bids in approximately 60 days. He stated the special conditions are a matter of preliminary engineering and those can be resolved very quickly. DECLARATION OF NON-SIGNIFICANCE - Jackson Park Elementary School Clerk presented Declaration of Non-Significance for the construction of addition to an existing school building a% Jackson Park Elementary School. This is on file in the City Clerk's office. -2- CITY CONDdISSIONERS' MINUTES February 7, 1978 Page three SAFETY TRAINING AIDS Clerk read memo from City Auditor, dated Feb. 6, 1978, attached to which was a folder on slide presentations for safety items. The memo stated the City does not have a projector for this type slides. REVOCABLE PERMIT -Pope ~ Talbot, Inc. Clerk presented Revocable Permit with Pope & Talbot, Inc. and stated this had been signed in error by Don Proctor, Wastewater Supervisor. Commissioner Swanson stated he thinks the permit is good and he recommended approval. Motion by Commissioners Stewart and Swanson to approve Revocable Permit, authorize Mayor and City Clerk to sign for the City, and return a corrected copy to Pope & Talbot, Inc., carried unanimously. CENCOM CONTRACT Clerk presented contract with CENCOM. Motion by Mayor Jarstad and Commissioner Stewart to approve contract with CENCOM and authorize Mayor and City Clerk to sign for the City, carried unanimously. LEASE WITH NATIONWIDE CABLEVISION Clerk presented lease with Nationwide Cablevision and stated it was for antenna tower at Fire Station No. 2 for $15.00 a month payable quarterly. She stated the lease was prepared by the City Attorney's office and approved by Chief Meigs and Dave Patmon. Commissioner Stewart asked if an increase had been hooked in for the Consumer Price Index and Clerk stated it had not. Motion by Commissioner Stewart and Mayor Jarstad to approve lease with Nationwide Cablevision subject to h~ving it hooked into the broadest item of the Consumer Price Index, carried unanimously. SHORELINE MANAGEMENT MASTER PROGRAM REPORT Terry McCluskey, Asst. City Attorney, stated that two weeks ago a request had been referred to his office for an opinion about holding a rehearing on ~he amendment that was passed regarding the Shoreline Management Master Program and the grandfather clause. He stated Mr. Attebery would like to see what the State has to say about the amendment and he has not had a response yet but it should be coming in shortly. He stated he felt that the original hearing was held as a properly constituted meeting and~proper notice was given. He stated the only complaint from Mr. Vockrodt was that they did not have a chance to review Mr.'Attebery's recommendation prior to the meeting and legally another hearing does not have to be held and whether another hearing is held or not is up to the Commissioners. Commissioner Stewart stated that some of the people who are involved with the grandfather clause will be put out of business if there are any more delays because they are working on time limits. He stated this hearing was held twice and he does not want to hear it again. Mayor Jarstad stated he concurs in ~he recommendation of the City Attorney that another hearing does not have to be heard. Motion by Mayor Jarstad and Commissioner Stewart to follow recommendation of Mr. McCluskey and take no action, carried unanimously. 'PROCLAMATION - Vocational Education Week Clerk read Proclamation of Mayor Jarstad: "Vocational Education Week", February 12-18, 1978. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 02719 thru 02?95 inclusive in the amount of $103,984.52 and vouchers 2705 thru 2714 inclusive in the amount of $46,388.24, audited by John Ross, carried unanimously. Meeting recessed from 9:45 A.M. until 10:O5 A.M. PUBLIC RECOGNITION George Barry, 2092 Stevens Lane, stated he was the owner of property on Pine between Sylvan and Sheridan that had been rezoned last summer. He stated there was a misunderstanding regarding the rezone ordinance which reads that the easterly -3- CITY COMMISSIONERS' MINUTES February 7, 1978 Page four setback shall be at least 90 ft. and the wording of this stiDul&tion caused the problem. He showed the site plan and described the development. He stated the stipulation should have been a setback from the eastern border and that 90 ft. was intended to be natural space. He spoke of the dedication of land to the A~mlin Jahr School for their nature trail and stated the final site plan represents the best combination of neighborhood privacy, minimal disturbance of thc natural setting and still incorporates into the nature trail with the 'school. He asked that City Council change 3ust that one stipulation of the zoning ordinance to change from 90 ft. to 65 ft. or refer it back to Planning Commission for rehearing. He stated they have received a financial commitment but they have to have a building permit b3 March 18, 1978 or they will losc the commitment. A lengthy discussion followed and it was the consensus of the Commissioners that it should be referred back to the Planning Commission for rehearing. Commissioner Stewart stated he did not want to put Mr. BarI~ through two hearings and maybe cause him to lose his financial commitment. Motion by Mayor Jarstad and Commissioner Stewart to refer back to Planning Commis- sion for rehearing and set hearing with City Commissioners on March 7, 1978 at 10:30 A.M., carried unanimously. Doug Hicks from KBR0 spoke about the traffic light on Kitsap Way which allows pedestrians to cross and stated he felt it should be at least four or five seconds' longer because it does not allow sufficient time for most people to cress before it turns red again. He stated he is getting complaints from elderly groups. Mayor Jarstad agreed that %he time was too short and he will see if an adjustment can be made to allow more time for pedestrians to cross. Pat Carey, 109-B Oak, spoke about the initiative that was ruled invalid recently and stated he felt there should be some sort of protection against a rash of duplexes being built on small lots. He stated he understands the ordinance is going to be revamped and looked over to a degree so he feels there should be some input before this is done. He stated lots for duplexes should be larger than for single-family dwellings. Commissioner Stewart spoke of the zoning ordinance used in Kirkland and stated there are some areas where duplexes are not allowed at all. Mayor Jarstad stated the 5800 sq. ft. lot should be evaluated and he felt it would be proper to ask that this be studied and make recommendations for lot sizes for duplexes. He asked that this be put on the agenda for the Planning Commission. HEARINGS -'Bridgeview Rezone Decision, Bremerton Medical Leasing Co. Rezone Decision and Home 0ceupations - Amendment to Sec. 302 of Ord. No. 1792 Motion by Mayor Jarstad and Commissioner Swafison to hold hea~ings in order listed above, carried unanimously. [APE #127 BRIDGEVIEW REZONE' DECISION (A) 1306 Commissioner Stewart stepped down due to a possible conflict of interest. Clerk read letter from residents of Cher~y Place, dated Feb. 4, 1978, which stated ~:hey are considering hiring an attorney to form an association so that each one of them may benefit from a situation they didn't ask for and none of them will be left in a less than desirable situation and they will be able to get good prices for their homes with no one left with unsalable property. This letter is on file in the Planning Dept. Ken Attebery, Planning Director, reviewed the request for rezone and stated the plan indicates ingress from Cherry Avenue and ingress and egress from Cherry Place. He Stated the Police Dept. felt this would be better than having ingress and egress both on Cherry Ave.; that there is parking on-street that causes visibility problems on Cherry Ave. PROPONENTS: Jim Sanchez, Attorney-at-Law representing Bridgeview, gave the history of Cherry Place and Doctors Clinic. He stated in 1974 this property received a change in land use restrictions to develop it into off-street parking for employees and this relieved congestion on Cherl~ Avenue. He stated since that time demands have increased for more off-street parking and all they are asking -4- CITY CO[~I~SSIONERS' MINUTES Februar~ 7, 1978 Page five for is that it be changed from R-1 to B-$ with a condition that this be used only for off-street parking to accommodate the personnel at Doctors Clinic. He stated this would not be used for patient parking so there would not be much in-and-out traffic; that there will be screening and he feels it will improve the looks of the neighborhood. Robert Pinckney, manager of Doctors Clinic, stated these properties were pur- chased about a year ago with the idea of putting in additional parking. He spoke of the deteriorated condition of the houses on this property and pointed out the commercial businesses around the proposed rezone. He stated there will be subdued lighting on the parkinglot and they want their employees to park there instead of on the street. He spoke of the landscaping and fencing and stated it should all be tied together and will look nice. In answer to a question from Mayor Jarstad, Mr. Attebery stated there is parking on the west side of Cherry Place. Mayor Jarstad stated if this rezone is approved, possibly all on-street parking should be eliminated. Mr. Pinckney stated there should be no on-street parking because the street is too narrow. OPPONENTS: Tom Rosebraugh, representing the Manette Neighborhood Association, spoke in opposition to the rezone and stated it was not in conformance with the Manette Neighborhood Land Use Plan. He spoke of the residences which had been upgraded over a SO-year period and stated the traffic situation is very bad because of an increase in traffic. He stated another parking lot in the area will do nothing but increase the traffic flow. He requested that this application for rezone be denied. Joyce Balter, 2515 Cherry Place, stated her home is adjacent to the requested parking lot. She stated she is very concerned about the traffic situation now and asked why the access to the parking lot has to be on Cherry Place. She also asked what would happen to her rock wall when the Parking lot is excavated. Walter I. Trimble, 2504 Cherry Place, read a letter stating his reasons for opposing the proposed rezone. This letter is on file in the Planning Dept. Mary Swanson, 2503 Cherry Place, stated she is opposed to the rezone and read a letter which is on file in the Planning Dept. Mr, Sanchez stated they will guarantee there will'be no patient parking in this area and it will be staff parking only. He stated also Mrs~ Balter's bulkhead will not be removed or destroyed. ~a~Yor Jarstad stated many people are tying this.rezone request to the other rezone that will be heard next, and even though there is a connection between the two, the Commissioners do look at them completely separate. He stated they are encompassing some very hard decisions. He spoke of the traffic congestion and neighbors. He stated this will be the largest regional medical center in Kitsap, Jefferson and Mason Counties and the congestion is going to increase. Re stated he thinks this is a proper expansion into an area that is b~coming a medical center and he thinks the r~zone could be approved at this point in time with no damage to the residential areas. Commissioner Swanson stated this is a single street which represents a residential area and it has been fragmented by businesses. He stated he does not think there is anything, that will stop it from becoming part of the medical complex. He said he felt the entire residential area should be rezoned at one time so that people who do have residences there could be protected by having the necessary business zone so they can sell for business purposes. He mentioned the drainage problems in the area and stated a parking lot will not improve that situation. Mayor Jarstad stated the only reason he thinks this rezone should be approved is so it will improve the congestion problem. -5- CITY COMMIssIONERS' MINUTES February 7, 1978 Page six Motion by Mayor Jarstad and Commissioner Swanson to approve rezone from R-1 to B-$ subject to conditions set forth by Planning Commission for beautification, proper setbacks and add one additional condition that it be used for staff parking only, carried. TAPE #127 BREMERTON MEDICAL LEASING CO. REZONE DECISION (A) 2171 Clerk read letters in favor of the rezone from Marvelyn Cook, Vita Pliskow, M.D., Dr. Arne Dahl and Shirley E. Query. These letters are on file in the Planning Dept. Ken Attebery, Planning Director, used a site plan and colored sketch to show location of the proposed rezone and stated the site plan indicates remodeling of the existing structure which is on the property. He stated the Planning Commission recommended denial of the rezone and variance. PROPONENTS: Leonard Costello, Attorney-at-Law representing Bremerton Medical Leasing Co., stated it is apparent this is essentially a health-care related area. He spoke of the Manette Neighborhood Plan and stated the Manette Neighbgrhood Association recognized that the area surrounded by the hospital should have a health-care related use and this requested rezone borders right on the edge of that health- care related land use. He stated this is essentially a bookkeeping facility and the neighborhood will not be destroyed if this were approved. He stated he felt this should be approved for rezone now because the pressure will only become greater in the future for a rezone and he does not think any more studies are necessary. Dr. A~ne Dahl stated he was a partner in Bremerton Medical Leasing Co. and it is very important that they move closer to the hospital. He stated they do not feel they are destroying or changing the character of the neighborhood because every lot there touches on some commercial enterprise. He stated there are only four houses that are purely residential and the only change that will be made if this rezone is approved is parking in the back. OPPONENTS: Tom Rosebraugh, representing the Manette Neighborhood Association, stated that the Association has not bowed to the encroachment of the medical community and this area ~s zoned as a residential area. He stated the major concern is the traffic problem and Mr. Trimble's residence would be isolated between two clinics if this were approved. He stated a hardship is being placed by the applicants on the residents and he requested that the rezone be denied. Walter I. Trimble, 2504 Cherry Place, stated his house will be isolated if this is approved. He read a letter stating his reasons for opposing the rezone and this letter is on file in the Planning Dept. Mary Swanson, 2503 Chert-or Place, stated she is opposed to the rezone and read a letter stating her reasons. This letter is on file in the Planning Dept. Joyee Balter, 2515 Cherry Place, stated she is against the rezone because it is spot zoning and it would add even more traffic. She requested that City Council deny this rezone request until such time as it can all be zoned commercial and the residents have had a chance to make plans for their families. Dr. Pliskow stated that at no time will eight doctors be in that house; that only one doctor-is there for approximately half a day per week and the maximum number of people who will be in the house at one time will be four and this will be for only eight hours a day, not 24. Traffic will not be increased any more than if a family moved into that house. Mayor Jarstad stated both sides have very valid points but he is more sympathetic toward a resident who has bought a home and remodeled and lived in that home than . toward someone who is looking for commercial property. He stated it is much more difficult to change a residence than it is to change a business location and the Council is very concerned about the relocation of residents. He stated these -6- CITY COMMi~SSIONERS' MII~oTES February 7, 1978 Page seven reasons are very different from the reasons he had for approving the last rezone and he felt thc only proper action is to follow the recommendation of the Planning Commission and deny this rezone, lie stated the sanctity of the neighborhood and the investments these residents have put into their homes must be preserved. Motion by Commissioner Swanson and Mayor Jarstad to deny application for rezone. Under discussion: Commissioner Swanson stated there are unique problems in the runoff of water from the parking lot that would add to problem.s and that coupled with traffic could cause some vexw serious problems, tie stated this is something that will have to be looked at if and when that whole area goes commercial. Motion carried. Meeting recessed from 12:05 P.M. until 12:10 P.M. Commissioner Stewart re-entered the meeting at this time. ~APE #127 HOME OCCUPATIONS - AMENDMENT TO SECTION 302, ORDINANCE NO. 1792 HEARING B) 338. Clerk stated she had posted and advertised as required by law. She then read Planning Commission Resolution No. 448 which recommended amending 0rdinanee No. 1792 with the addition of new Section 39.1 ,Stock-in-trade", deletion of existing Section 302 and addition of new Section 302. She read Planning Commission Minutes' dated Jan. 17, 1978. Ken Attebery, Planning Director, stated the Planning Dept. has had a problem of interpretation of the section of Ordinance No. 1792 concerning home occupations and ~he proposed changes will clarify some of the administrative problems experienced in processing Home Occupations Permits. He stated these changes will make iff more workable; that the amendment is slightly more restrictive. A short discussion followed with Commissioner Stewart asking several questions about the buying and selling of merchandise. Motion by Commissioner Stewart and Mayor Jarstad to approve request for amendment to Ordinance No. 1792 and direct City Attorney'soffice to prepare amending ordinance, carried unanimously. MINIMUM' LOT SIZES FOR DUPLEXES Motion by Mayor Jarstad and Commissioner Stewart to have Planning Commission take under discussion the question of minimum lot sizes for duplexes, carried unanimously. AGREEMENT FOR CONSULTANT SERVICES - Dog Licenses Clerk presented Agreement for Consultant Services for Dog Licenses and stated it has been approved as to form by City Attorney's office. Commissioner Stewart stated this cost $4,600.00 to have it put on thecomputer but he would guarantee this amount and mope will be returned. Motion by Commissioner Stewart and Mayor Jarstad to approve Agreement for Consultant Services to have dog and cat licenses put on the computer, carried unanimously. Commissioner Stewart discussed the ordinance raising fees and stated there should be no increase if the animal is neutered. For those animals who are not neutered, the fees should be doubled and this will amount to about 50% increase in fees. He stated the penalty for unlicensed animals has to be much higher than it isnow; that there should be a $5.00 penalty if the owner is late buying the license and $25.00 penalty if the animal is picked up and does not have a license. He stated everybody will get a notice on their water bill to license their animals so' the public will be aware of 'the change in fees and penalties. COMMISSIONERS' REPORTS Commissioner Stewart: 1. He stated the program costs that are being put on the computer come out of the Accounting Budget. 2. Last month took in over $10,600.00 in parking ticket revenue and he stated it is unbelievable that money is still c.oming in. Yesterday notices were sent out for over $18,000.00. He stated he thought the minimum fee that should be charged if a person has to be taken to court for non- payment of parking tickets should be $25.00 and he would like the other commissioners to give this some thought. He stated people are not ignoring parking tickets as they were in the past. -7- CITY COMMISSIONERS' MINUTES February 7, 1978 . Page eight Commissioner S~anson: 1. Recognized Jim Root, the new City Engineer. 2. Building permits in January: 44 permits issued for a total of $532,125.00. Last year there were 34 permits for a total of $179,085.00. He stated there is a healthy building operation which is primarily due to the remodeling at East High. Asst. City Attorney McCluskey: Distributed copies of a draft ordinance to establish a residential parking permit system for residential neighborhoods and asked that it be reviewed and any comments sent to his office. He stated Mr. Attebery has been asked to prepare a significant impact determination. Mayor Jarstad: Stated the Police Dept. reported the highest number of arrests in the City's history in Jan. - 970 arrests. There has also been a rise in crimes, especially burglaries. He stated 42 burglaries were reported last month and Jan. of last year there were only eleven. He stated crime is up in some areas, but arrests are also up and the police officers are doing a good job. Meeting adjourned at 12:35 Kathleen L. Mandio, City Clerk Approved: Glenn K. Jarstad, Mayor -8-