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
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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.
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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 ~