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HomeMy WebLinkAbout08/29/78 UNAPFR'~ZD MINUTES COItNCiL CITY COMMISSIONERS' MEETING MINUTES August 29, 1978 '7['~ r' ,' 797 7APE #139 Regular meeting of the City Commissioners of the City of Bremerton, Washington, B) 399 was held in the City Council Chambers at City Hall, 239 Fourth Street, on Tuesday, August 29, 1978 at q:OO A.M., with Mayor Jarstad presiding. Also present were Commissioner Stewart, Conmlissioner Swanson, City Clerk Mandio~ Asst. City Attorney Haberly and representatives from the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Mayor Jarstad. MINUTES OF AUGUST 22, 1978 Clerk stated there is an amendment to the minutes: Page 5 - OLYMPIC COLLEGE, Motion should read, " . to 'open' Chester St." instead of ". . . to 'close' Chester St. Motion by Commissioner Stewart and Mayor Jarstad to approve minutes as amended, carried unanimously. SEPARATIONS Street Dept: Stephen Craig Henderson, 8/25/78; Steven Dale Beahm, 8/28/78; John A. Delvo, 9/1/78; Donnie Curtis McGill, 9/1/78; Scott T. Sampson, 9/1/78; all summer help. Water Dept: Fred Reinke, 8/25/78; Joel Patmon, 9/1/78; Gregory Fraser, 9/1/78; Tom Proteau, 9/1/78; all summer help. William Zinter, 9/29/78, Foreman, Retirement. Wastewater: Ramona Grochala, Office Asst. I (CETA), 8/25/78, 2:00 P.M. Motion by Commissioners Stewart and Swanson to approve separations, carried unanimously. NOTICES OF EMPLOYMENT Earl E. Va.rner, Water Distribution, Serviceman I, $5.30 per hr., 8/29/78. Terry P. Grocott, Water Distribution, Serviceman I, $5.30 per hr., 8/28/78. Motion by Mayor Jarstad and Commissioner Stewart to approve notices of employ- ment, carried unanimously. CHANGES OF PAY STATUS Arthur F. Ficarra, Police Dept., 4th Yr. Patrolman to Detective, $8.O1 to $8.53 per hr., 9/4/78. Kathleen Eley, Office Asst. I to Office Asst. II (CETA), $3.85 to $4.20 per hr., Planning Dept., 8/21/78. Motion by Commissioners Swanson and Stewart to approve changes of pay status, carried unanimously. PAYROLL VOUCHERS Claim Fund for payroll period 8/7/78 through 8/20/78, FICA and Bank Service Fees, $7,060.43; and Salary Fund for same period, gross payroll $221,851.20, audited by John Ross. Motion by Commissioners Stewart and Swanson to approve payroll vouchers, carried unanimously. TAXICAB DRIVER'S LICENSE APPLICATION James William Oswald, approved by Sgt. Maves for Chief of Police. Motion by Commissioners Stewart and Swanson to approve application for taxi- cab driver's license, carried unanimously. MASSEUSE LICENSE APPLICATION Kum Sun Pardee, approved by Asst. Chief of Police Kvistad and Health Dept. Motion by Commissioners Stewart and Swanson to approve masseuse license applica- tion, carried unanimously. CALL FOR BIDS - Two 1/2-ton Pickup Trucks (Water Dept.) Clerk read memo from Water Superintendent, dated Aug. 25, 1978, which requested authorization to call for bids for two 1/2-ton pickup trucks and surplus a 1972 1/2-ton pickup. Motion by Commissioner Swanson and Mayor Jarstad to call for bids for two new 1/2-ton pickup trucks and surplus 1972 1/2-ton pickup and dispose of in the best interest of the City. carried unanimously. CITY COMMISSIONERS' MINUTES August 29, 1978 Page two WORK FORCE ACCOUNT'. - Vena Test Well Site Clerk read memo from Water Superintendent, dated Aug. 23, 1978, which requested authorization to install an 8" test well at Vena Ave. and South Central Valley Rd. at an estimated cost of $11,258.29, using Water Dept. personnel. Motion by Commissioners Swanson and Stewart to approve Work Force Account for installation of 8" test well at Vena and South Central Valley Rd., carried unanimously. HARKINS PLACE HEARING Clerk read letter from Monte Beam, dated Aug. 23, 1978, which requested that all hearings regarding the Harkins Place rezone be canceled because he has been unable to get all 8 lots together and cannot provide a P.U.D. on the area. Discussion followed and Mayor Jarstad requested that City Clerk research the minutes to determine what ruling had been made about canceling a hearing once it has been advertised. Con~nissioner Stewart stated he fe]t it should not be canceled; that a decision should be made. Clerk stated she would research and a decision could be made next week whether to cancel the hearing. BID AWARD - Renovation of Manette Community Building Clerk read memo from Parks Superintendent, dated Aug. 28, 1978, which recom- mended that bid be awarded to Commercial Builders for the renovation of the Manette Community Building in the amount of $17,268.OO; that $10,O00.OO of this amount is currently available through a Title V Grant. The memo also requested that that balance of $7,268.00 be appropriated from the Cumulative Reserve Fund. Motion by Mayor 3arstad and Commissioner Swanson to follow recommendation of Parks Superintendent and award bid to Commercial Builders, as stated above, carried unanimously. PARK COMMISSION MEETING - Public Hearing on Hospital/Eastpark Parking Clerk read memo from Parks Superintendent, dated Aug. 25, 1978, which stated that the Park Commission will hold a public hearing on hospital/Eastpark parking on Tuesday, Sept. 19, 19~8 rather than on Sept. 26, 1978 as originally announced; that the meeting will be held at Sheridan Park Community Building at 7:30 P.M. R/W llth & Callow - 6th & Naval Clerk read memo from City Engineer, dated Aug. 28, 1978, which requested authorization to proceed with R/W acquisition in an attempt to purchase the property at the 11th & Callow and 6th & Naval intersections. Motion by Commissioners Swanson and Stewart to authorize acquisition of R/W as stated above, carried unanimously. SURPLUS EQUIPMENT - Street Dept. Clerk read memo from Street Superintendent, dated Aug. 24, 1978, which requested that the following be declared surplus and disposed of in the best interest of the City: 1950 Huber Roller, 1954 Home Made Trailer, Tar Pot Heater, 1958 Salt Spreader, Concrete Mixer (no motor) and Scrap Iron. Motion by Commissioners Swanson and Stewart to declare equipment surplus and dispose of in the best interest of the City, carried unanimously. NOTICE OF HEARING DATES Clerk stated that the Community Development Block Gran~ Hearing, Final Applica- tion will be held Sept. 7, 1978 at 7:00 P.M. at Bremerton Jr. High and Navy Yard Metal Trades Credit Union Rezone & Variance Hearing and Seattle First National Bank Rezone Hearing will be held on Sept. 19, 1978 at 10:30 A.M. WITHDRAWAL FROM UNION Clerk read letter from Ray Otis, Marylyn Hamilton and Gary Heath, dated Aug. 28, 1978, which stated they have petitioned the A.F.S.C.M.E. Local 2052 for withdrawal cards from the Union; that they feel their being members is a con- flict of interest. They requested that City Council take whatever action is -2- CITY COMMISSIONERS' MINUTES August 29, 1978 Page three necessary so that they can be removed from the Union membership. Discussion followed and Commissioner Stewart read Article II of the Union Agreement. Hestated that an opinion should be obtained from the City Attorney's office. CITY PHONES IN ELECTED OFFICIALS' HOMES Motion by Commissioners Stewart and Swanson to make phones available for elected officials who wish to have it. Under discussion: Commissioner Swanson stated investigation indicates that the cost is very reasonable and the convenience will be an asset to the City. He stated it would be worth the expense. Motion carried unanimously. ORDINANCE NO. 3454 - G.O. Bonds, Firepumpers and Fire Station Clerk read, first reading, "AN ORDINANCE of the City of Bremerton, Washington, refating to the authorization of general obligation bonds; providing for the submission to the qualified electors of the City at a special election to be held herein on November 7, 1978, of a proposition authorizing the City to issue its general obligation bonds in the principal amount of not to exceed $710,0OO to acquire two firepumpers and to construct a fire station, such bonds to be payable by annual property tax levies to be made without limitation as to rate or amount." Motion by Mayor Jarstad and Commissioner Swanson to pass Ordinance No. 3454, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST READING - Robinson Change in Land Use Restrictions Clerk read, first reading, "AN ORDINANCE amending the Land Use Restricti6ns adopted by Ordinance No. 3022 and 2929 recorded under Auditor's File No. 996547 (ROBINSON)." 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 Swanson, Yes. ORDINANCE, FIRST READING - Sleasman Change in Land Use Restrictions Clerk read, first reading, "AN ORDINANCE amending the Land Use Restrictions adopted by Ordinance No. 3036 (Sleasman).I' 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 Swanson, Yes. ORDINANCE, FIRST READING - Haselwood Rezone Clerk read, first reading, "AN ORDINANCE amending the use and area maps of Ordinance No. 1792 as amended (Haselwood)." 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 Swanson, Yes. ORDINANCE, FIRST READING - Cronkhite Annexation Clerk read, first reading, "AN ORDINANCE accepting and incorporating into the corporate limits of the City of Bremerton certain lands lying outside the limits of the City of Bremerton and being contiguous to the City of Bremerton (Cronkhite)." Motion by Mayor Jarstad and Commissioner Stewart to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE~ FIRST READING - Credit for Users of Automatic Cash Transfer System Clerk read, first reading, "AN ORDINANCE establishing a credit for users of the Automatic Cash Transfer System for payment of water bills." Motion by Corranissioners Stewart and Swanson to approve ordinance on first reading, by title only. Under discussion: Mayor Jarstad questioned having different rates for users and Ms. Haberly stated it does not affect the water utility rates; that it is a savings in the processing of the bills. Commissioner Stewart stated these savings should be passed onto people who participate. Motion carried as follows: Mayor Jarstad, Yes; COmmissioner Stewart, Yes; Commissioner Swanson, Yes. -3- CITY COMMISSIONERS' MINUTES AuguSt 29, 1978 Page four HUDSON'S INTERIORS PARKING Commissioner Stewart stated he would like to have the property next to Hudson's Interiors rezoned for a parking lot and then have an open bid to lease it at $25.00 per mo. or more. He stated there is no use for the property except as a parking lot and he feels the City should realize some profit from this property. Motion by Commissioner Stewart and Mayor Jarstad to request that the Planning Dept. proceed with fezone process, carried unanimously. BILLS Motion by Commissioners Stewart and Swanson to give blanket approval to vouchers 06093 thru 06203 inclusive in the amount of $104,226.O6 and vouchers 6087 & 6089 ~nclusive in the amount of $2,034.34, audited by John Ross, carried unanimously. Meeting recessed from 9:45 A.M. until 10:OO A.M. Ms. Haberly left and Mr. McCluskey entered the meeting at this time. PUBLIC RECOGNITION Austin Clark discussed Ordinance No. 3427 which adopts the 1976 Edition of the Life Safety Code. He stated there is no other first-class city that has adopted any version of the 1976 Life Safety Code and this Code covers both new and existing construction. He stated it is significant that this covers every building in Bremerton, both new and old, and it affects every homeowner. He read several 8xcerpts from the Code and he asked that the City Council rescind this ordinance in total and if they feel that an ordinance similar to it should be adopted, or this Code should be adopted, then go through the process of public hearing so the public can express their feelings. He also spoke of the ]dldCA having to install an emergency alarm s~stem that will cost about $12,0OO. He wondered if the City was proper in requesting this of the YMCA. Discussion followed and Commissioner Stewart stated it should be referred back to tie Fire Dept. for evaluation and then take appropriate action. Commissioner Swanson stated the City does need some code and he is sure most first-class cities have a code also. Mr. Clark pointed out that they have adopted some portions of the Life Safety Code, but the 1976 version is the most drastic. It was the consensus of the Commissioners tQ refer this to the Fire Dept. and the Building Dept. for evaluation. Irvan Lorance stated he had applied for permission to have a benefit for Muscular Dystrophy at Jarstad Park and it was denied. He asked for the exact reason it had been denied. Commissioner Swanson stated he had indicated he wanted to serve beer and this was contrary to City of Bremerton Ordinances. Mr. Lorance stated there have been other instances where alcoholic beverages have been served and Commissioner Swanson stated so far as he knows, no one has ever been granted permission to serve alcoholic beverages at Jarstad Park. He stated any picnics which have been held there have terminated reasonably early and Mr. Lorance wanted it to be open until t1:30 P.M. Mayor Jarstad stated Mr. Lorance must have been anticipating some police problems to make arrangements for security guards and the Council does not want to bring any more police problems into the City. Commissioner Swanson also stated that he had asked for verification from Muscular Dystrophy that this was really a benefit for Muscular Dystrophy and Mr. Lorance replied that the Muscular Dystrohpy Chapter in Tacoma had authorized it and he planned to send them 75% of the profits. Mayor Jarstad stated his request had been rejected because this is an activity that would overtax the community and the police. Walter Bayle spoke of the problem the YMCA is having to raise money to bring their building up to code and stated people were being petitioned at the Fair to help them raise money. He stated the City should resind the ordinance or at least put it in abeyance until it can be studied further. Commissioner Swanson stated there is an avenue of appeal to follow and to his knowledge, the YMCA has not approached anyone to appeal this. He also spoke of the danger to occupants if the building is not up to code. Mr. Clark stated he agrees with Commissioner Swanson but he pointed out that this particular code that has been adopted does not have a method of appeal. Commissioner Stewart asked that Mr. C/ark discuss this with the Fire Dept. and Mr. Clark stated he is in contact CITY COMMISSIONERS' MINUTES August 29, 1978 Page five with the Fire Dept., but he feels the remedy lies with the Council. He stated further all the Fire Dept. can do is enforce the law as it is written. Commis- sioner Stewart stated he would not mind having public hearings and the Council will look into it. HEARINGS - Hackler Decision, Bremer Rezone & Variance and Islam Change in LUR Motion by Mayor Jarstad and Copmmlssioner Stewart to hold hearings in order listed above, carried unanimously. !APE #139 HACKLER DECISION (B) 1428 City'Clerk stated that a decision had not been given last week because Commis- sioner Stewart wanted to talk to Mr. & Mrs. Root, who own three lots next to the proposed development. She stated no further correspondence had been received. Commissioner Stewart stated he had talked to the Roots and Mr. Hacklet; that Mr. Hackler said it would be all right if the caves did not protrude over 5 ft. in that 15 ft. side yard. He stated the Roots also agreed with this. Discussion was held regarding payment of advertising costs if an applicant changes his mind, and Commissioner Stewart stated he felt the applicant should pay for all additional costs. Motion by Commissioner Stewart and Mayor Jarstad to change Land Use Restrictions as follows: #4 to read "70 ft." rather than "80 ft." and #5 to read "the western building setback line shall not be less than 15 ft. as measured from the building wall and foundation except that caves and decks may extend not closer than 10 ft. to the western property line," carried unanimously. 'APE #139 BREMER'S REZONE & VARIANCE (B)15OO Clerk stated the hearing had been advertised, posted and letters of notification mailed to residents as required by law. She read Planning Commission Resolution No. 486 which'recommended approval of fezone R-1 to B-3 and denial of variance to allow parking in the required 15 ft. front yard setback. She stated 25 advisory ballots were sent, 11 returned with 9 agreeing and 2 disagreeing. She then read letter from Merlin Frohardt, dated July 20, 1978, appealing the decision of the Planning Commission to deny their request for variance. Ken Attebery, Planning Director, spoke of the proposal using a site plan and colored sketch. He stated the basic reason for ~he setback requirement is to maintain similar kinds of front yard setbacks as commercial zones begin to move into residential areas. Mayor Jarstad asked Mr. Attebery if he thinks denial of this variance is a blanket policy of the Planning Commission and Mr. Attebery replied that the Planning Commission has shown a trend of denying the request for variance, but sometimes a variance is approved. Mr. Attebery stated there is an LID in progress to improve the alley; that with the variance there will be 42 stalls and without it, there will be 36 or 38 stalls. Walt Alloway, Compliance Officer/Administrative Assistant, stated he feels the City should be consistent regarding setbacks and he feels screening should be installed which beautifies and also screens headlights. He stated there are several parking lots which are being brought into compliance and he feels the setbacks should remain. Commissioner Stewart stated th~ City should be consis- tent within a given area; that this particular area is almost completely commercial. PROPONENT: Merlin Frohardt, 1323 Crawford Dr., stated he works for Bremer's Inc. and the rezone is necessary in order to use the property for parking in a way that will be the most beneficial for the people in the neighborhood and the tenants. He stated a petition has been submitted to the Engineering Dept. for an LID to improve the alley between 6th & 7th. He stated the variance is necessary to CITY COMMISSIONERS' MINUTES AUguSt 29, 1978 Page six more efficiently use the parking. He stated they plan to put up a fence that meets the qualifications of the City. He stated further that he had counted 45.parking lots that seem to be operating under a variance; that they are not asking for anything others don't have. Jim Sanchez, Anderson Hill, Silverdale, stated that at the Planning Con~nission Meeting, Bremer's, Inc. offered to grant an easement to widen the alley. He stated he thinks it should be a dedication of land to th~ City; that he will be willing to donate whatever is necessary to make this into a viable ingress and egress; that this is the only way it can be utilized. He suggested post- poning a decision for one or two weeks in order to discuss the dedication with Mr. Bremer. Mr. McCluskey stated that could not be made a condition of the rezone request. Mr. Sanchez stated he is in favor of an LID. Mr. Frohardt stated he cannot remember using the word "easement" at the Planning 'Co~m~ission Meeting; that he did say they ~needed turning moving and they wanted to give all the additional space next to the alley to get in and out. He then suggested that Mr. Sanchez sign his name to the LID petition. Mayor Jarstad stated that evaluation of the testimony indicates that this is a proper area to be rezoned; that it is an area surrounded by business zoning and improvements are needed. He stated he feels the variance should be granted to allow the full utilization for parking. Motion by Mayor Jarstad and Commissioner Swanson to approve rezone from R-2 to B-3, subject to condition set forth by Planning Commission, carried unanimously. Motion by Mayor Jarstad and Commissioner Swanson to approve variance to Section 718 of the zoning ordinance and allow full utilization of this property for parking. Under discussion: Commissioner Stewart requested that all parking lots be investigated to make sure they are all in compliance. Commissioner Swanson stated that Mr. Alloway will request that they apply for proper variances. Motion carried unanimously. Meeting recessed from 11:30 A.M. until 11:38 A.M. ~APE #139 ISLAM & ASSOCIATES CHANGE IN LAND USE RESTRICTIONS (B) 2261 Clerk stated the hearing had been posted, advertised and letters of notification mailed to residents as required by law. She read Planning Commission Resolution No. 481 which recommended approval to change Land Use Restrictions on Lot #19 and denial of Lot #4. She then read letter from Dr. Islam, dated Aug. 22, 1978, requesting that City Commissioners not consider Lot #4 and only consider Lot #19 at this hearing. Commissioner Stewart stepped down from the hearing at this time, due to a possible conflict of interest. Clerk read letter from Dr. Habener, dated Aug. 18, 1978, which stated l:e has no objection to change the use for Harrison Hospital accessory parking, but he was opposed to the proposed restaurant. A letter from Walter and Madeline Rood, dated Aug. 24, 1978, was read stating they are opposed to rezoning and selling any of their property, which is located on Callaban and Cherry. She stated 27 advisory ballots were sent, 4 returned with 2 agreeing, 1 disagreeing and 1 neutral. Ken Attebery, Planning Director, spoke of the proposed change in land use restric- tions using a colored sketch and a site plan. He stated the existing zoning is B-2 with restrictions. He stated the Planning Commission has granted a temporary special use permit for two years to allow parking for Harrison Hospital. He stated further that Dr. Islam has requested that Lot #4 be held in abeyance until until the Planning Commission makes a decision on the rezone application. He stated that making a decision on Lot #19 alone would not make any difference to Dr. Islam's plans and he advocated hold Lot #4 in abeyance. Mr. Attebery stated · the removal of land use restrictions on Lot #19 would allow temporary parking for the hospital for two years, then it would revert back to Bridgeview. -6- CITY COMMISSIONERS' MINUTES August 29, 1978 Page seven Dwayne Dietz stated he is representing his mother, who lives on Cherry Rd. Me spoke of the fence and beautification and stated nothing has been done to beautify the area. He stated they should meet. all specifications that were made before it becomes usable as a parking lot~ Mayor Jarstad stated their failure to comply with the restrictions would be checked out. Tom Nichols, 851Callahan Dr.; Mrs. Leonard, 2703 Ash St.; and Bernice Beals, 2719-2721 Ash St. all spoke in opposition to the rezone request for a restaurant which will be heard at the next Planning Commission Meeting. There was no opposition to the request for change in land use restrictions being heard today. Motion by Mayor Jarstad and Commissioner Swanson to approve the Change in Land Use Restrictions for Lot #19 for a two-year period for parking for Harrison Memorial Hospital and revert back to Bridgeview Medical Center Parking after two years; that no action be taken on Lot #4 it this time~ carried. DAY CARE CENTER FIRE ALARM Clerk read memo from City Auditor, dated Aug. 29, 1978, which stated the Fire Alarm and sprinkler system at the Day Care Center is to be hooked up to a junction box existing on a power pole to tie the system in to CENCOM; that it has not been determined whose responsibility it is for this hook up. Motion by Mayor Jarstad and Commissioner Swanson to direct Communications Dept. to tie this hook up together for the Day Care Center, carried. STAND-BY PROGRAM FOR MAINTENANCE ELECTRICIANS Mayor Jarstad presented a letter from Communications Supervisor, dated Aug. 29~ 1978, which recommended that maintenance electricians rotate on standby so that one man is always on standby status; that annual cost of standby pay will $1,O40.OO. Mayor Jarstad requested that a copy of this letter be sent to the two Commissioners and that action be taken next week. Meeting recessed from 12:30 P-M. until 3:00 P.M- FINANCIAL.PRESENTATION Mayor Jarstad stated this presentation was being held so the City Treasurer could explain the financial situation for 1979. In attendance were Department Heads and representatives of the employees union. Mr. Goodpasture gave the following report: 1978 expenditure level, $6,231,O94.00; 1979 anticipated expenditure level, $6,684,774.00 (this includes the following additional expenditures to be incurred in 1979): Contribution to Fire Pension, $175,OOO.OO; Unemployment Compensation, $75,000.00; Debt Service G.O. Bonds, $13,680.OO; Insurance Coverage, $40,000.00; and Self Insurance Workmen's Comp., $150,OOO.OO. Estimated cash on hand 1/1/79, $320,145.OO; Projected Revenue 1979, $6,O80,.899.OO; Available for Appropriation, $6,401,O44.OO; Estimated 1979 Expenditures, $6,684.774.00; Deficit, $283,730.00. Discussion centered around the $150,OOO.OO for the workmen's compensation self- insured program and the $175,0OO.00 required to fund the Firemen's Pension. Suggestions were made that we not self-insure until 1980 and it was explained by Commissioner Stewart that the self-insurance program represented a long-term financial gain for the City rather than paying the money to the State. Discussion continued regarding various sources of funding and necessary expenditures. The information presented at this meeting is current through June 30, 1978. RESOLUTION - Residential Parking Permits Motion by Commissioners Stewart and Swanson to have a resolution prepared to charge $1.O0 per month for residential parking permits, carried unanimously. Meeting adjourned at 4:55 P.M. Kj~een L. Mandio, City Clerk Approved: t,lenn ~. Jarsgad, hayor -7--