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HomeMy WebLinkAbout10/16/79 ]NAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES October 16, 1979 TAPE #170 Regular meeting of the City Conmissioners of the City of Bremerton, Washington, (A) 1190 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, October 16, 1979 at 9:05 A.M., with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Swanson, City Clerk Mandio, Assistant City Attorney McCluskey and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Curtis Jennings of First Covenant Church. MINUTES OF OCTOBER 9, 1979 Motion by Mayor Jarstad and Commissioner Swanson to approve minutes as circulated, ~arried unanimously. SEPARATION Kathryn Gosselin, Planning Dept., Extra Labor Draftsperson, 10/12/79. Motion by Commissioners Stewart and Swanson to approve separation, carried unanimously, NOTICES OF EMPLOYMENT Charri L. Fitzhugh, Wastewater, Maintenance Worker Trainee, $3.55 per hr., 10/15/79. Larry G. Plouffe, Wastewater, Maintenance Worker Trainee, $3.55 per hr., 10/15/79. James P. Boyce, Wastewater, Maintenance Worker Trainee, $3.55 per hr., 10/15/79. Scott E. Stratton, Wastewater, Maintenance Worker Trainee, $3.55 per hr., 10/15/79. Motion by Commissioners Swanson and Stewart to approve notices of employment, carried unanimously. CHANGES OF PAY STATUS Michael D. McKinley, Fire Dept., Firefighter 2nd Class to 3rd Class, $1,376.73 to $1,443.69 per mo., 10/12/79. William H. Winje, Wastewater, Operator I 7A to 7B, $5.71 to $5.89 per hr., 10/29/79. John H. Bykonen, Wastewater, Operator II to Operator Sr., $6.81 to $7.22 per hr., 10/15/79. David Schurr, Wastewater, Operator I to Operator II, $5.89 to $6.43 per hr., 10/15/79. Motion by Commissioners Stewart and Swanson to approve changes of pay status, carried unanimously. PAYROLL VOUCHERS Motion by Commissioners Stewart and Swanson to approve payroll vouchers as follows: ~Fund - FICA and Bank Service Fees for payroll period 9/16/79 thru 9/30/79, $7,785.84; Salary Fund ~ Gross Payroll for same period, $175,408.15, audited by John Ross, carried unanimously. LICENSE APPLICATIONS Robert L. Michler, Studio "D" (dancing & entertainment), approved by Capt. Cundiff for Chief of Police. Richard Goodpasture, Village Tavern (dancing & entertainment), approved by Capt. Cundiff for Chief of Police. Motion by Mayor Jarstad and Commissioner Stewart to approve license applications, carried unanimously. SURPLUS RADIO EQUIPMENT Clerk read memo from Communications Supervisor, dated Oct. 10, 1979, which requested that the following radio equipment from Police and Fire Departments be declared surplus and made available to Kitsap County Dept. of Emergency Services for $5.00 each: 3 GE mobile radios, model ME33N, #RA16730, RA16558 and 1210397; I GE Packset portable radio, HF31N, #AQ0818; and 4 Motorola P33AAC-1101AM Packset portable radios, #B72614, B22826, B22827 and B22828. The memo recommended that any of the equipment not delivered to Kitsap County be otherwise disposed of in the best interest of the City. Discussion was held regarding the $5.00 purchase price and it was the consensus of the Commissioners that the equipment should be disposed of in the best interest of the City. Motion by Mayor Jarstad and Commissioner Stewart to declare above equipment surplus and dispese of in the best interest of the City, carried unanimously. CITY COMMISSIONERS' MINUTES October 16, 1979 Pa9e two SURPLUS PJ~DIOS Clerk read memo from Communications Supervisor, dated Oct. 10, 1979, which requested that two GE Mobile Radios, model RE53JA6, #3046005 and 3046006 be declared surplus and disposed of in the best interest of the City. Motion by Mayor Jarstad and Commissioner Stewart to declare above Mobile Radios surp~s and dispose of in the best interest of the City, carried unanimously. RESOLUTION NO. 1827 - "Flat Rate" Time for Equipment Rental Clerk read, "A RESOLUTION changing the hourly labor rate and establishing the use of 'flat rate' time by Equipment Rental Department". Motion by Commissioners Swanson and Stewart to pass Resolution No. 1827, carried as foTlows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. SANITARY SEWER AND STORM SEWER - Jenner & Fir Ave. Clerk read memo from City Engineer, dated Oct. 10, 1979, which stated that Ross Barnard, et al, has had a sanitary sewer constructed to serve the area developed by them on the west side of Jenner Ave.; that a storm drain was relocated in the development. The memo stated further the sanitary sewer and storm drain were built to the City's standards and sp~cifications. Motion by Commissioners Swanson and Stewart to accept above sewer and storm drain for maintenance and operation, carried unanimously. SEWER EASEMENT - Ross Barnard, et al (jenner & Fir Ave.) Clerk read memo from City Engineer, dated Oct. 10, 1979, attached to which were sewer easements from Ross Barnard, et al, to the City, located in the vicinity of Jenner and Fir Ave. Motion by Commissioner Swanson and Mayor Jarstad to accept sewer easements, refer ~o~y Attorney for approval as to form and City Clerk for recording, carried unanimously. SANITARY SEWER EASEMENT - Carl Leggett Clerk read memo from City Engineer, dated Oct. 11, 1979, attached to which was a sewer easement from Carl Leggett on Fir Ave. Motion by Con~issioners Swanson and Stewart to accept sanitary sewer easement, refer to City Attorney for approval as to form and City Clerk for recording, carried unanimously. PERFORMANCE AGREEMENT & BOND - Parkridge Apartments Clerk read memo from City Engineer, dated Oct. 10, 1979, attached to which was a performance agreement and bond from Jack Potter. Motion by Commissioners Stewart and Swanson to accept Performance Agreement and ~, carried unanimously. BACK TAXES ON TRANSIT OPERATIONS Clerk read memo from City Treasurer, dated Oct. 15, 1979, which stated that back sales tax and state B&O tax is due on municipal transit operations for the period 1/1/74 thru 3/31/78; that the present assessment is $28,691.00. The memo recom- mended that payment of the assessed amount be paid by the October 22nd deadline in order to save $2,869.10. Motion by Commissioners Stewart and Swanson to follow recommendation of City Treasurer and authorize payment of assessment. Under discussion: Commissioner Stewart stated he has met with BCT, City Attorney~ City Clerk and BCT's accountant and the City wil'l be obligated to pay about $11,000.00 a year for these taxes, Motion carried unanimously. KITSAP REGIONAL LIBRARY Clerk read letter from Kitsap Regional Library, dated Oct. 8, 1979, which stated the Rural Library District of Kitsap County will be assessed 50~ per thousand dollars of assessed value in 1980; that Bremerton's share of the Kitsap Regional Library budget for 1980 is $221,762,00, a 32% increase over 1979. Discussion followed and Mayor Jarstad stated that the citizens of Bremerton should have been allewed to vote on this issue to lift the 106% lid. Motion by Mayor Jarstad and Commissioner Swanson to notify Kitsap Regionai Library tha~ the City's contribution will be that amount of money which is allowed under the m~llage structure in ~he agreemen%, tarried unanimously. -2- CITY COMMISSIONERS' MINUTES October 16, 1979 Page three PROCLAMATIONS Clerk read Proclamations of Mayor: "Day of Protest" - October 17, 1979 and "National Business Women's Week" - October 22 through October ~7, 1979. RESOLUTION NO. 1828 - Bicycle Facilities Advisory Committee Clerk read, "A RESOLUTION to create a.Bremerton Bicycle Facilities Advisory Committee to advise the Bremerton City Council and City departments on matters relating to bicycling". Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1828, sub3ect to review and approval of City Attorney, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. CALL FOR BIDS Clerk presented requisition from Asst. Purchasing Agent requesting call for bids for the following: Agreement to Accept Entries (ADP); Ready Mix Concrete, Reinforcing Steels, Mfg. Concrete Products, Pipe, Blocks, etc. and related materials; Official Publications; Gasoline and Solvents; janitorial Services for 5th St. Library and City Hall; Professional Services (ADP); Lubricating Oils and Greases; Chlorine and Ammonia; Office Machine Repair and Maintenance; Security Guard Services; and Microfiche Services. Motion by Commissioner Stewart and Mayor Jarstad to call for bids for above. Under discussion: Jim Root, City Engineer, stated the Street Dept. would like to make some changes in the specifications for concrete products. Motion carried unanimously. STOPd~GE BUILDING - Lions Playfield Clerk read memo from Parks Superintendent, dated Oct. 11, 1979, which stated a proposal for a storage building to be placed at Lions Playfield has been sub- mitted by Burlingame Builders; that the cost is very close to $2,000.00. Motion by Commissioner Stewart and Mayor Jarstad to approve submission of other proposals for the storage building, carried unanimously. ORDINANCE, FIRST READING - Uniform Plumbing Code Clerk read, first reading, "AN ORDINANCE repealing Ordinance No. 3149 and Ordinance No. 3248 relating to the Uniform Plumbing Code and codified as BMC 17.28 and BMC 17.28.160D respectively". Motion by Commissioners Stewart and Swanson to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE NO. 3557 - Appropriating Additional Funds (Emergency) Clerk read, first reading, "AN ORDINANCE of the City of Bremerton amending Ordinance No. 3481, as amended by Ordinances 3527, 3533, 3551 and 3555, and appropriating additional funds for the year 1979; and declaring an emergency". Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3557, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commis- sioner Swanson, Yes. PUBLIC RECOGNITION Wayne Simpkins, 4242 Kitsap Way, discussed the noise situation at the Briarcliff Restaurant and stated the noise has not been any better. Commissioner Stewart stated the City could rescind the music license if the loud music continues and the Liquor Control Board could then take away the liquor license if they played any music. Mr. Simpkins stated that if they have put in any soundproofing, it has not helped. Mayor Jarstad stated that the police are supposed to be monitoring the noise level so the City has documentation. Commissioner Swanson stated he would check to see if the soundproofing has been completed. Motion by Mayor Jarstad and Commissioner Swanson to direct City Attorney to draft ~er to Mr. Swenland telling him that unless they conform to noise levels, the City has the authority to withdraw the music license, carried unanimously. Waltrine Taylor, 2728 Callahan Dr.,~ stated she had received a $33.00 water bill 'after paying the $30.00 adjusted bill. Commissioner Stewart explained that they must have crossed in the mail and the delinquent chapge would be taken off her bill. -3- CITY COMMISSIONERS' MINUTES October 16, 1979 Pa9e four Ms~ Taylor asked what can be done about cars parking on the sidewalk on Maple Valley and Callahan. Mayor jarstad stated the situation will be investigated. Richard Jandzinski discussed the entrance to the Kitsap Regional Library and stated the entrance is too narrow for two cars. Co~nissioner Swanson stated he will have it looked at to determine what can be done. COmmISSIONERS' REPORTS Commissioner Stewart: 1. Discussed office space for District Court and stated he is concerned about paying approximately $400.00 a month to rent office space for Civil Service and Grants Administration when District Court only pays $204.00 a month for about the same amount of space. He questioned the 35%-65% split between the County and the City and wondered why it isn't 50%-50%. Mr. Jandzinski stated there is not enough space for District Court; that the Judge does not have private quarters. He stated he is setting up a meeting for the Mayor and Judge to discuss the problem. 2. Discussed delinquent water bills and door knockers. He stated 300 door knockers were distributed yesterday. Commissioner Swanson: Stated Casad Lake, at the end of Sept., was at the 586 ft. elevation for 279 million gallons, which is the lowest level in the last 10 years. He stated people are being encouraged to quit sprinkling and conserve water. Commissioner Stewart stated that one of three things has to happen: (1) Sell more water; (2) Cut expenses; or (3) Increase rates. BILLS Motion by Commissioners Swanson and Stewart to give blanket approval to vouchers 12551 & 12552 inclusive in the amount of $82,107.89, vouchers 12772 thru 12775 inclusive in the amount of $31,253.00 and vouchers 12638 and 12639 inclusive in the amount of $19.56, audited by John Ross, carried unanimously. Motion by Mayor Jarstad and Commissioner Swanson to give blanket approval to vouchers 12779 thru 12904 inclusive in the amount of $162,124.80, audited by John Ross, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Abstain due to a minute interest in ITT Grinnell; Commissioner Swanson, Yes. Meeting recessed from 10:50 A.M. until 7:00 P.M., Wednesday, Oct. 17, 1979. RESOLUTION NO. 1829 - Providing Voters Information regarding PrOposition No. 1 Clerk read, "A RESOLUTION allocating the funds necessary for the development and distribution'of materials to provide voters of the City of Bremerton with informa- tion concerning City of Bremerton Proposition No. i which is to appear on the November 6, 1979 ballot". Motion by Mayor Jarstad and Commissioner Swanson to pass Resolution No. 1829, Carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. TAPE ~170 BREMERTON HOUSING AUTHORITY PRELIMINARY PLAT (B) 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. 538 recommending approval. She then read let'ter from Danny & Kathy Halverson, dated Oct. 17, i979, and letter from Mr. & Mrs. Braendlein, dated Oct. 15, 1979, in opposition to the proposal. Ken Attebery, Planning Director, discussed the proposal using a colored sketch and site plan. He explained the differences between the two plats and stated the new plat is for 16 lots with three lots on the western boundary. He stated the comprehensive plan indicates medium density with 4-6 units per acre; this proposal is for approximately 6.03 units per acre. He stated further the smallest lot size is 6700 sq. ft.; that there are only three lots on each of the three sides; ~=that'a~central lot has been set aside for the play area which is about 5600 or ~00 sq. ft. He stated this play area will not be built.upon and will be perpetually maintained by the Housing Authority. -4- CIT.¥ COmmISSIONERS' MINUTES October 16, 1979 Page five PROPONENTS: Gerald Matosich, Attorney representing Bremerton Housing Authority, stated they have asked Commissioner Stewart to step down from the hearing because of their understanding of his contact with the people in the neighborhood and his feelings regarding low income housing. Commissioner Stewart asked Mr. Matosich if he thought their request that he not discuss it or participate in any way was in conflict with the First Amendment of the Constitution. Mr. Matosich replied he did not think the First Amendment applied to Commissioner Stewart in his capacity as a member ofithe City Council. He stated the doctrine which applies to the Council is that each member act impartially. Commissioner Stewart replied that he will act impartially and he has no intention of stepping down. Mr. McCluskey asked Commissioner Stewart if he feels he is biased, prejudiced or has a conflict of interest regarding this proposal; if he feels he can hear this and make a fair decision regarding the plat. Commissioner Stewart stated he is not biased, pre- judiced and has no conflict of interest and he did not step down. Mr. Matosich stated the new plat indicates the Housing Authority is attempting to meet the concerns the Council had with the original proposal. He stated the size of the lots has been increased; there are 16 lots instead of 18; relocation of the play area to a more central wooded area; and a pathway along Pine Rd. has been proposed. He discussed lot sizes in the neighborhood and stated the lot sizes of this plat are comparable. He stated the sight distance is adequate and the development does comply with the Comprehensive Plan. OPPONENTS: Mr. Gehring questioned why lot sizes on the other side of Pine Rd. have been ignored and Mr. Matosich stated he has not ignored that; he has just pointed out many other lots around the development which are smaller than the proposed lot sizes in the plat. Vernon Bouton, 2960 Rickey Rd., discussed the Planning Commission Hearing and stated he felt the opponents should have been given an opportunity for rebuttal. He discussed the lot sizes and stated there are only three lots in excess of 8,000 sq. ft. He stated other plats in the area are all single-family dwellings and he would not object to this plat if it were for single-family and not duplexes. He stated the play area would be nothing but a mud hole. He stated the sewer is another problem and he feels 15 or 16 units are all that should be put in this development. He stated further the Housing Authority has made no effort to meet with the neighbors to try and work things out; that his main 'objection is the density and he urged denial of the plat. Lorna Bouton. 2960 Rickey Rd., asked that the neighbors who were opposed to the development stand up. Several neighbors stood up. Commissioner Stewart asked that any neighbors who were in favor of the development stand up and no one stood up. There were a few neighbors who did not reside in the city limits. Owen Tripp asked what the status of the lawsuit regarding the Housing Authority vs. the City was and Mr. McCluskey explained that it is still pending; that no trial date has been set. Mr. Tripp stated he opposes the present'plat because the density is too high. Jack Connor, 453 E. 31st., asked how the Council can make a decision on a matter that is still pending in court and Mr. McCluskey stated there have been some changes in the proposal and that is why it is being heard tonight; that the court suit will only determine the decision on the previous plat. Louis DeTienne, 233B Elm St., stated-the sewer line is in trouble and no more houses should be added to it until it is fixed. Meeting recessed from 8:25 P.M. until 8:35 P.M. Mrs. Radfill, 2831 Pine, stated there are no facilities for walking on Pine and 'the more~hildren there are in that area, the more chance thereis'~for accidents. -5- CITY COMMISSIONERS' MINUTES October 16, 1979 Page six Mr. Matosich discussed the lot sizes again. He stated they are willing to meet all requirements that are imposed and he hopes the neighbors are not objecting to HUD housing. He asked for approval of the plat. Mayor Jarstad asked if there was any more testimony. No one else spoke and he closed public testimony. Mayor Jarstad asked what restrictions apply to building duplexes in platted areas and Mr. Attebery stated the lot size requirements are 5800 sq. ft. for duplexes. Commissioner Stewart stated the streets take up much of the area and there will be about 7½ units per acre. Commissioner Swanson stated it is common practice to have lots border on a street within the plat and he does not think thatis a ~alid conclusion. Mayor Jarstad stated the plat is self-contained; there has been trail space dedicated on Pine Rd. so people can walk; only three lots border each side of the plat; and a large area has been set aside for a play area. He stated he thinks it will be an excellently built and well-maintained group of buildings. He discussed the recommendation of the Planning Commission and stated one vote against the plat was because he felt the sewer line was not capable of holding the sewage; that the City has approved $150,000.00 to bring the sewer treatment plant into compliance and that is not a condition of denying the plat. Commissioner Swanson stated he thinks this is a good subdivision and a good plat plan; that it has been laid out with as much consideration of the neighbors as possible. Motion by Commissioner Swanson and Mayor Jarstad to follow recommendation of ~ng Commission and approve preliminary plat with following conditions: (1) The water main on East Tara Court and East Tara St. be looped or connected as recommended by the Bremerton Fire Dept. All water systems must be approved by the Bremerton Water Dept.; (2) Stor~ water control and detention shall meet with the approval of the City Engineer; (3) Intersections of the streets within the plat with Pine Rd. shall be so designed as to ensure adequate sight distance as determined by the City Engineer. This may involve modifications of slopes and vegetation within the R/W or within the plat; (4) All street and utility plans must meet with approval of the City Engineer; (5) An area for community outdoor recreation shall be incorporated into the site design. This recreation or play area shall be located away from Pine Rd. and should be centrally located within the plat or easily accessible from all lots within the plat; (6) Easement access to the wooded play area shall be provided from the northeastern cul-de-sac. This easement would be best provided between lots 14 & 15; (7) "No parking" signs should be placed on one side of both streets to ensure adequate area for the passage of emergency vehicles; (8) The final plat shall be accompanied with a soils investigation which provides information as to the suitability of the southern 100 ft. of the site for single family and duplex development; (9) A pathway should be provided along the Pine Rd. frontage to allow safe pedestrian movement along Pine Rd. without walking on the roadway or narrow shoulder; (10) The paved drivin9 surface (less modified curbs) shall be 28 ft. in width; (11) "If and when the Bremerton Housing Authority develops a program for individual home ownership within the plat, the program shall include a mechanism to provide and ensure the continued care and maintenance of the common recreation areas shown on the plat"; and (12) The developmentof the site shall be limited to 21 housing units. Under discussion: Commissioner Stewart stated the Housing Authority should have made an effort to talk to the neighbors. Ms. Wegsteen stated the neighbors were contacted for the original rezone, but not for the other proposals. Commissioner Stewart stated an applicant should have to get approval from 50% of the neighbors before it is heard at a public hearing. Question was called and motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Swanson, Yes. Meeting adjourned at 9:10 P.M. ~~ ~C~ DIO~MANCity Clerk Approved: ~ z GLENN K. JARSTAD,~or · -6-