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HomeMy WebLinkAbout10/09/79 ' UNAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES October 9, 1979 TAPE #169 Regular meeting of the City Commissioners of the City of Bremerton, Washington, (A) 1778 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, October 9, 1979 at 9:00 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. Mike Grimshaw of First Church of Nazarene. MINUTES OF OCTOB(R 2, 1979 Jim Root, City Engineer, stated the motion authorizing formulation of specifi- cations for repairs to Wastewater Treatment Plant No. i should include an emergency clause So work can begin immediately. Clerk requested that written findings explaining the emergency should be submitted so there will be some- thing in the record. Motion by Mayor Jarstad and Commissioner Stewart to approve minutes as amended, carried unanimously. SEPARATION Robert Elsen, Water Dept., Engineer Aide I, 10/19/79. Motion by Commissioner Swanson and Mayor Jarstad to approve separations, carried unanimously. NOTICE OF EMPLOYMENT James William Burwell, Parks & Recreation, Senior Guard, $4.40 per hr., 10/6/79. Motion by Mayor Jarstad and Commissioner Stewart to approve notice of employment, carried unanimously. CHANGES OF PAY STATUS Joy Krumdiack, Parks &'Recreation, Senior Guard, $4.60 per hr., 10/1/79. Cynthia Christensen, Parks & Recreation, Swimming Pool Cashier, $3.60 per hr., 10/1/79. Robert Hoyt, Jr., Parks & Recreation, Swimming Pool Guard, $3.95 per hr., 10/1/79. Michael Sloan, Parks & Recreation, Swimming Pool Cashier, $3.60 per hr., 10/1/79. Kerry Jo Peterson, Police Dept., Office Asst. II 3A to 3B, $4.52 to $4.65 per hr., 9/29/79. Motion by Commissioner Stewart and Mayor Jarstad to approve Changes of pay status, carried unanimously. LICENSE APPLICATION Clerk presented dancing and entertainment license application for Stuart Anderson's Black Angus Restaurant. Motion by Commissioners Stewart and Swanson to approve license application, carried unanimously. CLAIM FOR DAMAGES Eleanor G. Topacio, $170.00 for damage caused by sewer backup. Clerk stated it would be sent to the City's insurance company. SURPLUS VEHICLE - Engineering Clerk read memo from City Engineer, dated Oct. 4, 1979, which requested surplus of 1977 Dodge Sedan, Vehicle Registration D25223. Motion by Commissioners Swanson and Stewart to declare above vehicle surplus and d~'~e of in the best interest of the City, carried unanimously. SURPLUS DICTAPHONE - Planning Clerk read memo from Planning Dept., dated Oct. 3, 1979, requesting surplus of IBM Dictaphone. Motion by Mayor Jarstad and Commissioner Stewart to declare IBM Dictaphone surplus and dispose of in the best interest of the City, carried unanimously. CITY COMMISSIONERS' MINUTES October 9, 1979 Page two COMPLETION OF SENIOR CITIZEN'S BUILDING RENOVATION Clerk read memo from Building Dept., dated Oct. 8, 1979, which stated final inspection has been made on Senior Citizens Center and it is ready for occupany. Motion by Mayor Jarstad and Commissioner Stewart to accept job as complete and approve final payment, less 10% retainage, carried unanimously. 15th & HIGH PROJECT Clerk read letter from Rick's Dozer Service, Inc., dated Sept. 27, 1979, which extended their thanks for the City's cooperation and assistance on the job at 15th and High. SATISFACTION OF MORTGAGE - Apa -Clerk presented Satisfaction of Mortgage for Theodore and Geraldine Apa. Motion by Commissioner Stewart and Mayor Jarstad to accept Satisfaction of Mortgage and authorize Mayor and City Clerk to sign for the City, carried unanimously. OUTSIDE UTILITY AGREEMENT - Arreola Clerk read memo from City Engineer, dated Oct. 4, 1979, which recommended that Outside Utility Agreement be accepted; that the existing sewer line abuts this property and satisfies exception no. 2 of Resolution No. 1767. Motion by Commissioner Swanson and Mayor Jarstad to approve Outside Utility Agreement, carried unanimously. SECURITY SERVICES AT MUNICIPAL POOL Clerk stated she had received two proposals for security services at Municipal Pool. 'She stated United Security submitted the low proposal and they also have uniformed guards and marked cars. Motion by Commissioners Stewart and Swanson to award bid to United Security for security services at Municipal Pool in the amount of $55.00 per mo., carried unanimously. BjORK LEASE - 4th St. Building Office Space Clerk stated discussions have been held with Mr. Bjork regarding leasing office space at 4th Sl~. Building and it was agreed that the 90-day escape clause would remain in the lease and an 8% yearly increase or cost of living tied to the CPI increase, whichever is lower, would be in the lease. Discussion was held regarding whether the lease should be for one year or five and it was the consensus of the Commissioners that it makes no difference with a 90-day escape clause. Motion by Commissioner Swanson and Mayor Jarstad to approve lease with the above conditions, carried unanimously. TIMBER SALES NO. 1 & 2 Clerk read memos from Water Superintendent, dated Oct. 9, 1979, which stated that Pan Pacific Trading Co. has completed their timber sale contract with the City for Timber Sale No. 1 and Hahn Logging Co. has completed Timber Sale No. 2. Motion by Commissioners Swanson and Stewart to accept contracts as complete and ~ Pan Pacific Trading Co. and Hahn Logging Co., carried unanimously. SURPLUS FIREWOOD Commissioner Swanson stated the City has surplus firewood and he would like to make it available to the public. He stated a permit could be issued with a Hold Harmless Agreement and No Resale Agreement. Mr. McCluskey stated he would like to review the permit form. Motion by Commissioner Swanson and Mayor Jarstad to issue permits to allow citizens to get firewood, subject to approval of City Attorney's office, carried unanimously. BRIARCLIFF RESTAURANT NOISE SITUATION Clerk read letter from Gary Chrey, dated Oct. 4, !979, which stated that foam insulation has been installed under the lounge area of the Briarcliff Restaurant and work is proceeding to insulate the remainder of the building and the adjacent building. This letter is on file in the City Clerk's office. CITY COMMISSIONERS! MINUTES October 9, 1979 Page three BREMERTON HOUSING AUTHORITY PRELIMINARY PLAT (Letter from Gerald Matosich) Clerk read letter from Gerald A. Matosich, Attorney for Bremerton Housing Authority, dated Oct. 3, 1979, which requested that Commissioner Stewart step down and not participate in any manner in any deliberation or discussion with other members of the council or public or participate in any manner in the decision regarding the preliminary plat request for Bremerton Housing Authority. This letter is on file. Mr. McCluskey advised Commissioner Stewart that the appropriate time to respond to this request will be at the public hearing. He recommended that Commissioner Stewart consult with Gary Sexton or Karen Conoley so the appropriate action can be taken. Commissioner Stewart stated he would like to refer Mr.' Matosich to the first amendment of the constitution. He stated that Congress will make no law abridging freedom of speech; that he is 'concerned that attorneys get through the Bar Examination without knowing the constitution. Mayor Jarstad stated that the doctrine of the appearance of fairness is present at all public hearings and Commissioner Stewart should use caution and consd]t with the City Attorney as he was advised to do. WATER BILL ( Letter from Waltrine Taylor) Clerk presented letter from Waltrine Taylor, dated Sept. 29, 1979, regarding her high water bill. This letter is on file. A lengthy discussion followed and Commissioner Swanson explained that Ms. Taylor's water bill was adjusted. ORDINANCE NO. 3555 - Appropriating Additional Funds for 1979 Clerk read, second reading, "AN ORDINANCE of the City of Bremerton amending Ordinance No. 3481 as amended by Ordinances 3527, 3528, 3533 and 3551 appro- priating additional funds for the year 1979". Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3555 on se~reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE NO. 3556 - Central Data Processing Department Clerk read, second reading, "AN ORDINANCE establishing the Central Data Processing Department and establishing a separate fund for its funding to be known as the Data Processing Fund". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3556 on second reading, by title only. Under discussion: Commissioner Stewart stated the new Central Data Processing Dept. will be separate from the Treasurer's Office and each department will make payment of fees to Central Data Processing. He stated the Treasurer's budget will be cut considerably, but there will be no increase insalaries for Central Data Processing Dept. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST READING - Erhart Rezone Clerk read, first reading, "AN ORDINANCE amending the use and area maps of Ordinance No. 1792 as amended by Ordinance No. 3490 {Erhart}". Clerk explained this was correcting a mistake made in the legal description of Ordinance No. 3490. Mation by Mayor Jarstad and Commissioner Stewart to approve ordinance on first rea"~'d~'~g, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. BILLS )~'{l'~n by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 12645 thru 12770 inclusive in the amount of $42,199.71, audited by John Ross, carried unanimously. Meeting recessed from 9:50 A.M. until 10:00 A.M. COMMISSIONERS' REPORTS Commissioner Stewart: Discussed the interest rates and stated he thinks it will affect the City in future years. He stated the prime interest rate is now 14½% and this could affect revenues 'in ~ome areas next year. CITY COK~4ISSIONERS' MINUTES October 9, 1979 Page four Commissioner Swanson: Complimented Ken Brees, Street Superintendent, for his foresight in surplusing old equipment and buying new and more productive equipment. LAKEHURST DRIVE STREET IMPROVEMENTS Clerk presented petition from property owners of land abutting Lakehurst Dr. The petition stated their property has a covenant which they believe requires the City of Bremerton to provide them with a paved road, to provide proper access to their property. It also stated they feel the City should provide adequate drainage for surface water that collects in a non-draining City main- rained draining ditch; that the water contained in this ditch is a gathering place for mosquitos and insects, unsightlyin color and odor and is a health -hazard to children and small animals. Larry Hall discussed the request for a paved road and stated he felt this is a necessary and proper request; that when the access road was put in, there v~re no provisions made for drainage and drain water collects in an open culvert and becomes stagnant. Con~nissioner Swanson asked if the property owners are willing to pay for an LID and Mr. Hall stated if they are forced to go with an LID, they will do that, but he feels the City has an obligation to honor its agreement. Mr. McCluskey stated the statute of limitations may have passed, as this was a 1941 agreement. Horace Burks, 1329 Lakehurst Dr., discussed the history of the property and agreement. He stated the property was annexed into the City in the 1960's; that Commissioner Schoneman informed him the City would not build the road. He stated he then requested that the road be vacated and this was denied. He stated the City is getting benefits of the Harlow Estate grant but has not assumed any of the duties. He stated he feels the City has a duty to develop this road. He stated Jenks Beard had promised, as a condition of the R/W sale, that this road would be paved; that Mr. Beard was acting as an agent of the City and the City should honor his promise. Jim Root, City Engineer, pointed out the area and stated it would be a tremendous expense. He stated the developer should build the road to City standards and then the City takes over and maintains it. He stated if they want just the upper portion paved, that would not be too difficult to bring up to City standards. Commissioner Stewart asked what it would cost to fix the ditch and Mr. Root replied between $500.00 and $1,000.00. Motion by Commissioner Stewart to take care of the ditch so it drains. There was no second and motion died. Commissioner Swanson stated the Street Dept. can unblock the ditch. Commissioner Swanson stated this road was never intended for anything more than a private driveway; that the developer should be expected to bring the road up to City standards or the property owners have it done through an LID. Commissioner Stewart asked the City Attorney if the City has an obligation to pave the road. Mayor Jarstad stated it will be referred to the City Attorney for evaluationl Mr. Burks stated that Mr. Beard was acting as an agent for the City and he requested that Mr. Beard be asked what promises he made. He stated he simply wants to draw the problem to the City officials' attention; that he feels this road should be paved. Mr. McCluskey stated that only the City Council can make a binding agreement, even though Mr. Beard may have been working as the City's agent. Mayor Jarstad left the meeting at this time for a dentai appointment. Meeting recessed from 11:00 A.M. until 11:10 A.M. TAPE #169 RASMUSSEN ANNEXATION - 10% Petition (B) 530 Clerk read memo from Planning Director, dated Oct. 9, 1979, which stated the -~ second signature of the Rolling Hills Golf Course partnership was added to the 10% petition for the annexation of Section 36, T25N RIE W'.M. to the City; that -4- CITY CO~4ISSIONERS' MINUTES October 9, 1979 Page five the Planning Dept. can now certify that the petition presented does represent 15.26% of the total assessed value of the total section and this is sufficient to send the annexation request into its next phase. No one was present to speak either for or against the 10% petition. Motion by Con~nissioners Stewart and Swanson to accept 10% petition and proceed with annexation requirements, carried. TAPE ~169 SELING REZONE HEARING (B) 660 Clerk stated the hearing had been advertised, posted and letters of notification sent as required by law. She read Planning Commission Resolution No. 540 which recommended denial. She stated 16 advisory ballots were sent, 11 returned with 4 agreeing, 6 disagreeing and I neutral. She then read letter from Fred Hadlock, dated Sept. 29, 1979, which stated he was opposed to the rezone. Gene Burkhart,'P~O. Box 149, representing Mr. Seling, stated there are 14 property owners within the.rezone radius and 7 were in favor. He pointed out the owners who are in favor on a colored map and presented a petition signed by 7 persons in favor of the rezone from R-1 to B-3. He stated the proposal is for construction of ~n electronics assembly plant and research and development offices; that it will employ 20-30 people and this proposal would create less traffic than a multi-family development. He stated further this use would create the lowest level of use for sewer, water, traffic and noise would not be a problem to the neighborhood; that the City needs this type of business. Greg Shildmyer, 905 Weslon, stated he is in favor of the proposal. OPPONENTS: Charles Warner, 4616 Kitsap Way, presented a petition signed by residents of the Oyster Bay community in opposition to the rezone. This petition was signed by 30 individuals. He stated he is opposed to a B-3 zone in a prime R-1 area and asked why this development could not be placed out by the airport or on Auto Center Road. Paul Hoskinson, 919 Weslon, stated his main concern is what protection they will have in the future if Mr. Seling wants to expand. Mr. Attebery explained that any changes would have to go through the hearing process again. Betty Yuhl, 4610 Kitsap Way, stated she objects to B-3 in the midst of residential zoning; that this property is suitable for a residence. Michael Gawenka, 929 Weslon Place, stated the sewage problem is bad and something like this development would only add to the problem. Don Proctor, Wastewater Superintendent, stated he does not advocate adding any more sewage lines to the beach line, but pump station ~13 can realiably and adequately handle the sewage once it gets there. He stated the development as proposed for an electronics assembly plant and office building would generate less sewage than a multi-family development. Andy Yuhl, 4616 Kitsap Way, stated he concurs with what has previously been said against the proposal and he feels it constitutes spot zoning. Clerk read letter from Victoria L. Aguibry which.stated she felt that no more hookups should 'be allowed to the sewer system. Co~nissioner Swanson stated the impact on sewer and traffic would be much higher if a high density residential development were approved for this site. Commis- sioner Stewart stated there is not a cleaner industry than what is being proposed. Motion by Commissioners Stewart and Swanson to follow recommendation of Planning Commission and deny rezone, based on testimony against and reasons stated in Planning Commission Resolution No.. 540, carried. -5- CITY COMMISSIONERS' MINUTES October 9, 1979 Pa9e six TAPE ~169 BREM-AIR DISPOSAL, INC. SUBSTANTIAL DEVELOPMENT PERMIT & VARIANCE HEARING (B) 1850 Clerk stated the hearing had been posted and advertised as required by law. Ken Attebery, Planning Director, stated the requested action is issuance of a Substantial Development Permit and a Variance permit to develop addi ti onal facilities for the Brem-Air Disposal plant including a truck parking, washing and fueling facility. He stated variances are requested .from regulations which allow only water dependent or water related areas to develop on the shoreline and which require that storm drain outfalls be extended beyond extreme low tide. He summarized the Staff Review and stated the Master Program does allow expansion of existing non-conforming uses through the conditional use permits. He stated that i f City Council feels the facts and evidence presented prove that the requirements for the issuance of a substantial development permit, conditional use permit and variance permit are fulfilled, approval should be granted with 'the following conditions: (1) The site shall be developed essentially the same as shown in the Parametrix plan dated 2/6/79 and marked "Exhibit A"; (2) Brem-Air shall iQstall a grease trap between the sanitary sewer and the catch basin in the truck washing area and install a valve on the effluent side of the trap. Brem-Air should also install an oil water separator in the parking area drainage system with a valve at the discharge of the separator so that discharge to the Port Washington Narrows can be shut down in the event of a spill. Brem-Air should prepare and file a Spill Prevention Control and Counter- measures Plan with the office of the City Engineer as soon as feasible upon the approval of this permit; (3) Applicant shall grant a public access easement for pedestrians and non-motorized vehicles along the shoreline of Smith Cove which is adjacent to the City, exact location and size to be determined by the City and owners at a future date when a comprehensive waterfront access and trail plan is developed and actual need for the easement is necessary to carry out the plan. Location and size of the easement should b~ such that it will not be a significant hinderance to the successful completion of the water access and trail plan. This condition is binding on the present owners and all heirs, assigns and successors to title of this parcel; (4) The existing chain link fence on the water side of the site shall be equipped with slats to the full height of the fence to block the view of the heavy commercial activity from water side; and (5) A velocity arrestor approved by the City Engineer shall be provided at the outfall of the storm drain. Mayor Jarstad re-entered the meeting at this time. Leonard Costello, Attorney for Brem-Air, discussed the conditions and stated they do not have any objections. He pointed out that they do not wash out the inside of garbage trucks, only the outside; that any scouring of the inside is done at the sanitary landfill. Commissioner Swanson stated the catch basin is necessary to catch the oil and grease from washing the trucks. No one was present to speak against the proposal. Motion by Commissioners Swanson and Stewart to approve substantial development p~, conditional use permit and variance, subject to conditions stated above, carried unanimously. COMMISSIONERS' REPORTS (continued) Mayor Jarstad: 1. Stated there will be a meeting Friday morning at 9:00 A.M. regarding the campaign to raise funds and present a suitable gift to the USS BREMERTON. He stated it appears that the commissioning will be in the early 1980s. 2. Distributed fire report and stated there were 235 runs in September, 146 were first aid. Meeting recessed from 12:55 P.M. until 4:30 P.M. Ms. Conoley entered the meeting. TAPE #170 BLOCK GRANT HEARING - Evergreen Memorial Pool (A) Clerk read motion made and passed Aug. 21, 1979: "Motion by Commissioners Stewart and Swanson to proceed with repair of the pool if it can be done with the money available and if it is guaranteed for five years; if not, to proceed with the entire alternative recommended by Smith Neighborhood, carried unanimously". CITY COMMISSIONERS' MINUTES October 9, 1979 Page seven She explained that the alternative was that the funds be used to hire a park and playground consultant to design and implement feasible improvements to Evergreen Park and augment the improvements planned for the Smith Playfield; this design effort should also include a study of alternative park uses for the Street Dept. property at 14th & Sheldon..Blvd. Once the preliminary design and cost estimates are determined, the Neighborhood Association would like to determine whether approximately $10,000-$15,000 of the park development money could be set aside to help supplement the existing alley improvement budget of $5,000 to allow the alley between 8th & lOth Streets and Warren & Park to receive drainage, grading and paving improvements. Ms. Mandio summarized the report from Don Carey r~garding renovation of Evergreen Pool and stated the total cost is $92,816.00. Colleen Donley stated a summary of Mr. Carey's report was sent to the neighbor- hood and the Advisory Committee mot last Thursday to discuss it. She stated concern was expressed that any comments the neighbors might have probably would not make any difference in the Council's decision. She reviewed the status of the first-year Block Grant budget. These figures are on file in the Planning Dept. Ray Foley, Parks Superintendent, stated he feels it is not in the best interest of the City to renovate Evergreen Pool; that additional funds will be needed to maintain the pool. He stated the $90,000 would be more wisely spent in providing a variety of new activities and not limit them to three months a year. He stated they would need about $17,000 a year to maintain the pool if it were renovated. Commissioner Stewart asked how much would be received in fees and Mr. Foley replied approximately $4,000 or $5,000. George Coombs, 1310 Park, asked if the new pool is sel f-sufficient and Commis- sioner Stewart replied that it is. Mr. Coombs stated he favors the pool, but being realistic, he feels the appropriate thing to do with the money is to use it for the alternate proposal. Mayor Jarstad stated that Memorial Pool has served thousands of people in the past and it has been an excellent facility. He stated it might be possible to spend the money to renovate Memorial Pool at a later date; that it should not be demolished. Mr. Coombs asked if it will take another five months to begin work on the Smith Playfield and Ms. Donley explained that it will take approximately four or five months before actually breaking ground. Discussion was held regarding mothbailing the pool and Commissioner Swanson stated it is in excellent structural condition; that it would probably cost in excess of $200,000.00 to replace that pool. Ms. Conoley explained that it is not a proper expense to ~se Block Grant funds to mothball the pool and Commissioner Swanson stated that much of it can be done quite economically with City crews. Mayor Jarstad asked if it is still the position of the Smith Neighborhood that the money earmarked for the pool be designated to go to the Smith Playfield and the rest of their alternative. Bill Woods, President of Smith Neighborhood, stated the recommendation from the Smith Neighborhood is to put the money into further development of Smith Playfield and Evergreen Park; that part of the money is to be used for the alley improvemont. Commissioner Stewart stated that another use should be found for the pool. George Coombs thanked the Planning Dept. for all the time and effort they put into getting the information to the Smith Neighborhood. Ms. Conoley stated that not only did the Smith Neighborhood recommend those alternatives, but the Citizens' Advisory Committee recommended the same alterna- tives. Mayor Jarstad asked for further testimony and there was none. CITY COMMISSIONERS~ MINUTES October 9, 1979 Page eight Motion by Mayor Jarstad and Commissioner Stewart to follow recommendation of ~'T~"Neighborhood that available monies from renovation of Memorial Pool be spent and channeled into further development of Smith Playfield, Evergreen Park and possible improvement of alley. Under discussion: Ms. Conoley asked for clarification of the motion to indicate that the final disposition of these transferred funds is not being made by this motion but that those decisions will be made at a future time in conjunction with Smith Neighborhood Association and Parks and Planning Departments. Motion carried unanimously. Meeting adjournea at 5:25 P.M. Kathleen L. Mandio, City Clerk Approved: Glenn K. Jarst~d~Mayor ~