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HomeMy WebLinkAbout12/12/78 UNAPPP-o-VED MINUTES CITY COMMISSIONERS' MEETING MINUTES Decembe~ 12, 1978 'APE #145 Regular meeting of the City Commissioners of the City of Bremerton, Washington, B) 2226 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, December 12, 1978 at 9:05 A.M., with Mayor Jar'stad presiding. Also present were Commissioner Swanson, City Clerk Ma~dio, Asst. City Attorney McCluskey and representatives of the press and radio. Commissioner Stewart was absent, on vacation. Meeting was opened with the Pledge of Allegiance and invocation was given by Mayor Jarstad. MINUTES OF DECEMBER 57 1978 Motion by Mayor Jarstad and Commissioner Swanson to approve minutes as circulated, carried. SEPARATION Leonard Sigurdson, Operator II, Wastewa6er Treatment, 12/11/78. Motion by Mayor Jarstad and Commissioner Swanson to approve separation, carried. NOTICES OF EMPLOYMENT Don C. McGill, Street Dept., Extra Labor, $4.00 per hr., 12/18/78. Alexa Michelle McClain, Police Dept., Parking Attendant, $3.50 per hr., 12/6/78. Robert Warher, Parks & Recreation, Extra Labor, $3.00 per hr., 12/9/78. Hubert P. Moore, Parks & Recreation, Extra Labor, $3.00 per hr., 12/9/78. Motion by Commissioners Swanson and Mayor Jarstad to approve notices of employ- ment, carried. CHANGE OF PAY STATUS & CHANGE OF STATUS Charles Monell, Engineering, Engr. Aide II-B to Engr. Aide III-A, $6.53 to $6.71 per hr., 12/11/78. Kenneth L. Baum, Wastewater, Operator I to Serviceman II, $5.48 per hr. to $5.97 per hr., 12/11/78. Randy G. Gingr~y, Wastewater, Serviceman I to'Serviceman II, $5.30 to $5.97 per hr., 12/11/78. Kathleen L. Eley, Planning, Office Asst. II, transfer from CETA tO CSE, no change in pay. Patricia A. Burmaster, Police, Office Asst. II, transfer from CETA to CSE, no change in pay. Kerry Jo Peterson, Police, Office Asst. II, transfer from CETA to CSE, no change in pay. William S. Gee, Police, Warrant Server, transfer from CETA to CSE, no change in pay.. Motion by Commissioner Swanson and Mayor Jarstad to approve changes of pay status and changes of status, carried. CLAIMS FOR DAMAGES Clerk presented claim from Ella Marie Bare, 183 Russell Road, in the amount of $178.86. Her claim stated she tripped and fell over a meter cover extending above level of the sidewalk in front of the library on 5th St., causing injury to her eye/face and destruction of her glasses. Clerk then presented a claim from Elizabeth Hubert, 951Lidstrom Rd. E, Port Orchard, in the amount of $60.00. Her claim stated she tripped and fell on a broken section of sidewalk on 4th St. Clerk stated both claims had been referred to the insurance company and the Water and Street Departments. LICENSE APPLICATIONS Music Machine: Robert W. Sexton, Bob Sexton's Tavern, aDproved by Asst. Police Chief Kvistad. Masseuse: Su Cha Wade, approved by Asst. Police Chief Kvistad. Clerk stated shc has her state license and health certificate. Motion by Mayor Jarstad and Commissioner Swanson to approve license applications, carried. CITY COMMISSIONERS' MINUTES December 12, 1978 Page two BID CALf WAIVER - State Contract (Fire Dept.) Clerk read memo from Acting Fire Chief, dated Dec~ 7, 1978, requesting a direct purchase through the State contracting system. for a vehicle for the Training Officer; that money was appropriated in.the 1978 budget for this new vehicle and bid was awarded to Kluge Chevrolet. The memo.stated further that Kluge Chevrolet cannot supply the vehicle. The memo also requested that money appropriated in 1978 budget be carried ove~ to pay for the purchase. Motion by Mayor Jarstad and Commissioner Swanson to waive bid call and purchase vehicle for Training Officer by State Contract, carried. BID CALL' WAIVERS - Street Dept. Vehicles Clerk presented requisitions from Street Dept. forone-ton truck, automobile,' one-ton cab and chassis and 3/4-ton truck. 'Clerk stated these are for a bid call waiver to purchase by ~tate contract. Discussion followed regarding a bid-call and Commissioner Swanson stated one'of the problems with a bid call is the delay of delivery; that State contract guarantees delivery within 90 days. Ken Brees, Street Superintendent, stated the reason they waited to request purchase of these four vehicles is they were waiting for the State list to come out; that they had to wait 7 months last year before a truck was delivered from a local bidder. Mr. McCluskey stated a penalty clause could be put in the specifications. Mayor Jarstad suggested that City Clerk call some of the local dealers and ask them if they can guarantee delivery within 90 days. Commissioner Swanson suggested that Clerk work with City Attorney to prepare specifications with a penalty clause for every day delivery is delayed over 90 days. Motion by Commissioner Swanson and Mayor Jarstad to postpone decision for one week, check with local dealers and see if th%y can make delivery within 90 days on the four vehicles and check with City Attorney to determine if specifi'cat[ons can be drawn up for these purchases with a penalty clause for every day of non- delivery after the 90 days, carried. CALL FOR BIDS - Dump Truck Body (Street Dept.) Clerk read memo from Street Superintendent, dated Dec. 6,. 1978, requesting call for bids for ~ne dump truck body.' MotioR by Commissioner Swanson and Mayor Jarstad to call for bids for one dump truck body, carried. QUIT CLAIM DEED - U.S. Navy Clerk presented a Quit Claim Deed from the U.S. Government for the Burwell St. Sanitary Sewage Pumping Station. Motion by Mayor Jarstad and Commissioner Swanson 'to accept Quit Claim Deed and refer to City Clerk for recording, carried. LEFT TURNS J.C. PENNEY PARKING AREA & EAST APPROACH, WARREN AVE. and 13th ST. Mayor Jarstad stated Police Chief Devery had initialed these recommendations to install "C" curbing to eliminate left turns to and from the J.C. Penney roof parking area and to prohibit parking on the north side of 13th St. from Warren Ave. to Elizabeth Ave. and that right turns only be permitted from 13th St. to Warren Ave. Motion by Mayor Jarstad and Commissioner Swanson to approve the above recom- mendations, carried. BREM-AIR RATES Clerk stated the City Auditor has reviewed the rates and they appear to be in order. Motion by Mayor Jarstad and Commissioner Swanson to approve rate increase for Brem-Air. Under discussion: Art Anderson protested the raising of garbage rates based on the cost of living. He stated President Carter has recommended that 7% be the ceiling and he feels 9.4% is not justified. Mayor Jarstad stated that Brem-Air does an excellent job for the City and the rates are not as highas many in Western Washington. He stated that 20% is returned to the General Fund. Motion carried. -2- CITY COMMISSIONERS' MI~ .ES December 12, 1978 Page three AGREEMENT - City and Port of Bremert~n Clerk presented Agreement between the City and Port of Bremerton for collection of water surcharges. Motion by Commissioner Swanson and Mayor Jarstad to approve agreement and authorize Mayor and City Clerk to sign for the City, carried. LIFE SAFETY CODE, 1976 EDITION Clerk read letter from Puget Apartment Operators Association, Inc., dated Dec. 6, 1978, which requested that the ordinance adopting the 1976 Life Safety Code be repealed and that it be replaced with one that has Been given the necessary thought and consideration required of such an important issue. This letter is on file in the ~ity Clerk's office. Mayor Jarstad stated he understood the President of the Assocation and a committee was meeting with the Fire Dept. at this time. He stated a recommendation would be forthcoming from this meeting. Dan. Callahan stated he did not attend the meeting with the Fire Dept. so he could be present at City Council this morningL He pointed out that since the ordinance was adopted, there has been no significant compliance with the contents. He recommended that the ordinance be repealed as it applies to existing structures and he guaranteed the City will receive the cooperation of the Association in preparing a new ordinance. He stated they have arranged another meeting with the Fire Dept. Austin Clark discussed the Life Safety Code and stated it covers every existing building in town. He stated he is amazed that no one has asked for an opinion from the City Attorney's office regarding this. He stated further that it is not fully understood by those who are tryin~ to enforce it and he urged the City Commissioners to look at it more carefully. Mr. McCluskey stated that Mr. Clark had met with Mr. Sells from the City Attorney'.s office and the Fire Dept. and he assumed that Mr. Clark had raised these same questions and received some answers from Mr. Sells. Mr. Clark stated the only answers he received were from the Fire Dept. and Mr. McCluskey stated he will get the answers fo~ him. Mr. McGluskey stated further that there is no "grand- father" clause in this' L.ife Safety Code because it deals with people's lives. He stated his office and the Fire Dept. are willing to cooperate with anyone deali.ng witha particular interpretation. Commissioner Swanson stated he had compared the 1967 Code and the 1976 Code and there have not been extensive changes made. Mr. Clark disagreed with this and stated there are vast changes in the two. Walter Bale, Rt. 3, Box 530, Poulsbo, stated he feels there is selected enforce- ment regarding this ordinance and he thinks it should be enforced for everybody, if it is enforced at all. ORDINANCE NO. 3485 - Seattle-First National Bank Clerk read, second reading, "AN ORDINANCE amending the use and area maps of Ordinance No. 1792 (Seattle-First National Bank)". Motion by Mayor Jarstad and Commissioner Swanson to pass Ordinance No. 3485 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Absent; Commissioner Swanson, Yes. ORDINANCE NO. 3486 - Wheaton & Marlow Clerk read, second reading, "AN ORDINANCE amending the use and area maps of Ordinance No. 1792 (Wheaton & Marlow)". Motion by Commissioner Swanson and Mayor Jarstad to pass Ordinance No. 3486 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Absent; Commissioner Swanson, Yes. ORDINANCE NO. 3487 - Brown Clerk read, second reading, "AN ORDINANCE amending the use and area maps of Ordinance N0. 1792 (Brown)". Motion by Commissioner Swanson and Mayor Jarstad to pass Ordinance No. 3487 on second reading, by titl,e only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Absent; Commissioner Swanson, Yes. -3- CITY COMMISSIONERSt MINUTES December 12, 1978 Page four 'ORDINANCE, FIRST READING - Utility Connections to Buildings without Certificates of Occupancy Clerk read, first reading, "AN ORDINANCE concerning utility connections to buildings without Certificates of Occupancy". Motion by Mayor Jarstad and Commissioner Swanson to approve ordinance on first reading, by title.only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Commissioner Swanson, Yes. RESOLUTION NO. 1793 - Equipment Rental Fund Clerk read, "A RESOLUTION revising the rates for use of equipment in the Equip- ment Rental Fund effective January l, 1979 and superseding the rates established by Resolution No. 1722". Motion by Commissioner Swanson and Mayor Jarstad to pass Resolution No. 1793, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Commis- sioner Swanson, Yes. BILLS Motion by Mayor Jarstad and Commissioner Swanson to give blanket approval to vouchers 7652 thru 7655 inclusive in the amount of $35,Oll.37 and vouchers 07659 thru 07762 inclusive in the amount of $122,411.66, audited by John Ross, carried. Meeting recessed from 10:OO A.M. until 10:15 AiM. RESOLUTION NO. 1794 - Sinclair Inlet Sewerage Facilities Plan Clerk read, "A RESOLUTION adopting Sinclair Inlet Sewerage Facilities Plan as the plan for improving sewerage facilities for the City of Bremerton and declaring adequate the Federally prepared Environmental Impact Statement for the purposes of fulfilling the requirements of the State Environmental Policy Act for this plan". Motion byMayor Jarstad and Commissioner Swanson to pass Resolution No. 1794, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Commis- sioner Swanson, Yes. COMMISSIONERS' REPORTS Mayo~ Jarstad: I. Distributed Police Report for Nov. and stated there were 1192 arrests for the month. 2. Discussed the CENCOM operation and stated the State Auditor has said the City has to pay sales tax on the maintenance of the CENCOM Facilities. He stated if the City went back to operating its own system, they would not have to pay any sales tax. He stated further that the Board feels there should be a correction to this. Meeting. recessed from 10:25 A.M. until 10:30 A.M. HEARINGS - Manley Rezone and Erhart Rezone Motion by Mayor Jarstad and Commissioner Swanson to hold hearings in order listed above, carried. APE #146 MANLEY REZONE (A) 198 Clerk stated the hearing had been advertised, posted and letters of notification sent as required by law. She read Planning Commission Resolution No. 502 recommending denial of rezone from R-1 to B-3. She read petition signed by 10 residents and a letter from Fred S. Hadlock .in opposition to the rezone. She then read letter from Merlin & Myrtle Breeding in favor of the rezone. She stated 17 advisory ballots were sent, 7 returned, 3 agreeing and 5 disagreeing. Ken Attebery, Planning Director, stated the proposal is for a 60-unit motel. He discussed the surrounding land use and zoning and stated access to the site is planned for ingress and egress on Kitsap Way and Weslon Place. He stated a 15 to 20-ft. buffer zone is planned around the. perimeter of the proposal and .parking will be provided for 60 vehicles. -4- CITY COMMISSIONERS' MINUTES December 12, 1978 Page five PROPONENTS: Ted Johnson, Consultant Engineer from Silverdale, stated he is representing Mr. & Mrs. Manley. He stated they feel they did not receive a fair hearing when their request was before the Planning Commission. He stated he feels they have met all the criteria and that this is a good project that will be beneficial to the City. He stated this area is not suitab{e for single- family residences and sooner or later, it will go commerci-al. He stated he has attempted to provide a proposal with the teast impact on the neighborhood; that a motel is not a traffic generator; that the site wa.s designed in a manner that would buffer the surrounding neighbors. Hearing recessed for bid opening. BID OPENING - Security Guard Service for Parking Garage Motion by Mayor Jarstad and Commissioner Swanson to open bids at this time, carried. Pinkerton's, Inc.: $50.00 check enclosed, $888.80 per mo., $5.05 per hr. United Security Services, Inc.: $50.00 cashier's check enclosed, $856.00 per mo., $5.35 per hr. H&H Protective Service Corp.: $50.00 cashier's check enclosed, $1,623.82 per mo., $9.37 per hr. Motion by Mayor Jarstad and Commissioner Swanson to refer bids to proper committee for evaluation and award next week, carried. MANLEY REZONE (continued) OPPONENTS: Betty Yuhl, 4610 Kitsap Way, stated many people are building homes on the highway and she does not think this area is unsuitable for single-family residences. She stated that living behind a motel would not be very pleasant. She asked wgy this property did not come within the boundaries of the Shore- line Management Act. Mr. Attebery explained that if a particular piece of property has a portion of its area which falls within the 200 ft. of the shoreline, it does not necessarily fall under the requirements of the Shore- line M~nagemen~ Act if that portion of the site is dedicated and indicated not t~ be disturbed in any way. He stated that is the case here. Charles Warner, 4616 Kitsap Way, stated he has lived there for 18 years and the people who live there consider it to be one of the best residential neighborhoods in Bremerton and they do not want their neighborhood disturbed from what it is now. He discussed the traffic and parking for the motel and stated that 60 parking stalls are not enough for a 60-unit motel. He stated he is opposed to the rezone. Gloria Shank, 4604 Kitsap Way, stated-she has lived in the neighborhood for 20 years and she feels it is an ideal neighborhood. She stated the traffic generated by a motel would cause problems and she isopposed to the rezone. Jack Connor, 918 Weslon Place, stated the area slopes from Kitsap Way down to the Bay and people in the motel would be looking down into his house and yard and he finds this deplorable. He stated he has lived there for 23 years and he considers it a great place to live. John Hoskinson, 917 Weslon Place, stated he thinks the Planning Commission Hearing was very fair. He asked the City Commissioners if they would want to buy or rent a house next door to a motel. Michael Gawenka, 929 Weslon Place, stated he lives at the end of Weslon Place on the water and he is abl~ to dig for oysters and clams, but if a motel is built there, he will not be able to dig oysters and clams because of the oil run-off from the cars. T. F. Drake, President of the Bay Area Neighborhood, stated this would constitute spot zoning. He stated that if a motel were built here, it would impede traffic going to the Shipyard and might be detrimental to the entire City. He requested that the rezone be denied. -5- CITY COMMISSIONERS' MINUTES December 12, 1978 Page six Ted Johnson stated all the homes on Kitsap Way are set back from the high- way and this motel will be right on the highway. He explained that oil run-off from cars will go through a separator and the amount of oil is negligible. He pointed out that Mr. Connor h~d offered his property for sale to the Manleys and also met with them to include his property in this rezone, but they did not want to build that far into the neighborhood. He stated they have tried to protect the neighborhood. Alice Manley, P.O. Box 2, Manchester, stated she had contacted Great Northwest regarding obtaining financing to build a single-family structure on this property. She read letter from Great Northwest which stated they would be reluctant to loan money for a single-family residence; that this area is best suited for commercial. She stated the neighborhood is deteriorating for single-family residences and she feels this is the best use for the property.' May~r Jarstad stated the area in question doe~ not suit the City's philosophy on development; that it is a complete change in the concept of the neighbor- hood. He stated he agrees with the recommendation of the Planning Commission to deny this rezone. Commissioner Swanson stated there is an on-going problem with storm drainage and conditions of Oyster Bay. He stated that when people buy and own property on the waterfront, that they expect there will not be any substantial change in the zoning. Mayor Jarstad stated he understands the Manl~y's concern about their property and they are looking at the highest and best use for this property. He Stated that the decision they are making reflects the concerns of the neighbors in that area. Motion by Mayor Jarstad and Commissioner Swanson to concur in the recommendation of the Planning Commission and deny rezone, carried. TAPE #146 ERHART REZONE. (A) 1595 Clerk stated the hearing had been advertised, posted and letters of notification sent as required by law. She read Planning Commission Resolution No. 503 which recommended approval of rezone from R-1 to B-3. She read letters of opposition from Druple Berg and R. E. Washington. These letters are on file in the Plannfng Dept. She stated that 10 advisory ballots were mailed, three returned - all disagreeing. Ken Attebery, Planning Director, stated the property is located on Navy Yard Highway across from Burlington Northern Freight Railroad and is approximately 80 x 129 ft. He discussed the surrounding land use and zoning and stated it is presently the site of three small single-family residential rentals and a vacant lot. He stated the main concern is traffic flow in the area and left turns in and out of the property are very hazardous; that the Planning Commission recommended approval of the rezone and the site be developed essentially the same as the site plan and no left turns be allowed. Commissioner Swanson asked if a barrier to preclude left turns had been approved by the State Highway Dept. and Mr. Attebery stated he had discussed this with them and there did not seem to be a problem. PROPONENTS: Allan Erhart, 3740 Bancroft, Port Orchard, stated the proposal submitted for a grocery store on the bottom floor and office space on the top floor would be the best utilization for the property. He stated he does not have a lease as yet for renting the facility. He spoke of excavation and stated he does not plan to excavate and cause a hazard. OPPONENTS: Reginald Washington, 5005 24th Place S.~ Seattle, stated he owns property adjacent to the proposed rezone. He showed an aerial photo of the area and stated the proposal is very impractical and almost impossible because of the -6- CITY COMMISSIONERS' MINUTES December 12, 1978 Page seven excavating. He discussed the excavation and gave examples on how to build a retaining wall safely. He stated he would support a rezone if it were realistic and made sense, but this did not m~ke sense. Gertrude Colley, 7045 S. Summit, stated she is afraid when they start con- struction, Lafayette will be closed and that is the only access she has to her driveway. She stated traffic is bad and if a 7-11 Store were put in there, the traffic would be worse and there would be more noise. Darryl Canan, 6~O S. Lafayette, stated he is not against any improvements but he does have some concerns about the safety of the property. He stated other grocery stores are nearby. Commissioner Swanson stated that sufficient precautions will be taken before a building permit is issued so that no one's'~roperty will be disturbed and the streets will not be closed. He stated traffic is of prime concern and he does not think this is the place for a grocery store. He stated further that he has no objection to certain types of commercial development, but he is opposed to a grocery store. He suggested that Mr. Erhart modify the type of development to go in there. Mr. Attebery stated that one of the department recommendations was that the use of the site be developed for low traffic generating business. Mr. Erhart stated he agrees there is a potential traffic problem and be is agreeable to having a low traffic generatin~ business there. Mayor Jarstad stated this property is not suitable for residential use and he feels a low volume type business is what should go in there. Motion by Mayor Jarstad and Commissioner Swanson to approve rezone subject to the following conditions: (1) The use of the site shall be limited to commer- cial uses which generate low levels of traffic; and (2) Ingress and egress from the site shall be approved by Washington State Dept. of Transportation, City of Brementon Engineer and Palice/Traffic Division. (Their consideration of ingress and egress should pay particular attention to the hazards created by left turns into and from the site.). Under d.lscussion: Mr. Washington asked if this rezone would prohibit him from putting an apartment building on his property and Mayor Jarstad stated this rezone would probably benefit him. Motion carried. Meeting adjourned at 12:55 P.M. Kathleen L. Mandio, City Clerk Approved: Glenn K. Jarstad, Mayor -7-