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HomeMy WebLinkAbout09/28/82 Tape ~275 Side #2 #0083 CITY COMMISSIONERS MEETING SEPTEMBER 28, 1982 Regular meeting of the City Commissioners of the City of Bremerton, Washington, was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington Tuesday, September 28, 1982 at 9:00 a.m. with Mayor Gene Nelson presiding. Also present were Commissioners Bob Stewart and Tom Swanson and City Clerk Kathleen Mandio. The meeting was opened with the Pledge of Allegiance and the Invoca- tion was given by the Mayor. Mayor Nelson stated that he was on vacation this week and assumed Commissioner Swanson would not be able to attend the Council Meeting so he came in. He stated since there would be a quorum without him, he would leave the meeting at th~s time. MINUTES OF SEPTEMBER 21, 1982 Motion by Commissioners Stewart and Swanson to approve the minutes as presented, carried unanimously. PAYROLL SLIPS Motion by Commissioners Swanson and Stewart to approve the follow- ing payroll slips, carried unanimously. Norma L. Wise, Personnel/Civil Service, Seasonal Office Asst. $5.50 per hr, effective 9-23-82, approximately 16 hrs. per week Wayne D. Hamilton, Foreman, Pay Plan B, Water, 1% to 2% longevity, $12.24 to $12.36 per hr, effective 10-1-82 Wanda LaVerne Brown, Seasonal-Crocheting Instructor, Parks & Rec. $3.25 to $3.50 per hr., effective 9-15-82 Robert Wise, Computer Programmer (student Assistant) terminated 9-10-82 to return to school Rodney Fosback, Lifeguar, terminated 9-17--82, end of temporary employment CLAIM FOR DAMAGES - ELIZABETH SMILEY Clerk stated a Claim for Damages had been received on behalf of the above for injuries claimed to have been sustained from a fall due to slippage. This is pending a department report. BUSINESS LICENSES ISSUED Clerk presented a list of Business Licenses issued for the month of August and this is on file in the Clerk's office. ENERGY CONSERVATION FIRE STATIONS A request was received from Chief Meigs to have Puget Power conduct an energy audit of the Cities fire stations. Commissioner Stewart encouraged this audit and the use of the Grant program if work is required. Motion by Commissioners Stewart and Swanson to approve Puget Power auditing the fire stations for conservation purposes, and to proceed with a Grant for Funding the project, carried unanimously. INDOOR SHOOTING RANGE - SHERIDAN PARK COMMUNITY BUILDING #0245 Discussions had been held with Kitsap Rifle and R~V6iv~i~ Club re- garding the need for major improvements for the indoor range at Sheridan Park Bldg. Proposed cost would be $9800. KRRC proposed to enter a Lease with the City for use of the range and assume all financial responsibility for the suggested improvements. Discussion followed and in order to avoid leasehold tax which would be involved. It was felt that an agreement would be more appropriate, for the improvements. The Attorney was asked to prepare an agreement~ #0400 ELECTRONIC RECORDING EQUIPMENT FOR MUNICIPAL COURT It was the opinion of the City Attorney that the mandate set forth by the State regarding Lanier Equipment to be the sole supplier for the recording equipment used by the Court's would have to stand. Motion by Commissioners Stewart and Swanson to approve the equipment to be purchased from Lanier Equipment Co., carried unanimously. City Commissioners Meeting September 28, 1982 Page Two CALL FOR BIDS - VARIOUS MATERIALS FOR 1983 Motion by Commissioners Swanson and Stewart to approve the call for bids for various materials and services for the 1983 fiscal year, carried unanimously. #0535 PURCHASE OPTION - XEROX 8200 Motion by Commissioners Stewart and Swanson to approve the recommenda- tion to purchase outright the Xerox 8200 at a net purchase price of $48,672.00 charged to CR General, carried unanimously. BID AWARD - CITY GARAGES LIGHTING Motion by Commissioners Stewart and Swanson to award the bid to Electrical Associates in the amount of $33,572.47, carried unanimously. The funds to be appropriated from Parking System Reserve Fund. EXCESS WORKER'S COMPENSATION Motion by Commissioners Stewart and Swanson to approve the renewal of the Worker's Compensation Insurance and Bonding as required by State Law, effective October 1, 1982 in the amount of $15,615.00, carried unanimously. OSTROM CEMETERY PLOT - CITY A~TOR~E.Y RECOMMEND________~ATION Motion by Commissioners Stewart and Swanson to follow the recommenda- tion of the City Attorney to reimburse the Ostroms in the amount of $125.00 for purchase of a lot; also to reimburse the Mill family in the amount of $125.00 for purchase of a lot and to approve all curb- ing necessary in this matter, carried unanimously. WOODCUTTING AT SEWER TREATMENT PLANT - CITY ATTORNEY RECOMMENDATION It was the recommendation of the City Attorney to have the City issue permits for those residents desiring to cut wood on water shed lands and allow entrance at a number of 15 at a time. Discussion followed and it was felt the previous procedure used was adequate and they would continue to use in addition to a Hold Harmless form. PROCLAMATIONS Mayor Nelson proclaimed the month of October 1982 as DAV HANDICAPPED PARKING AWARENESS MONTH. Also proclaimed Oc%ober 10, 1982 as REPUBLIC OF CHINA DAY. ORDINANCE NO. 3743 - 1983 ASSESSMENT TAXES Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3743 on second reading, levying municipal taxes against all the taxable property within the city limits of Bremerton for the year 1982 and approving the assessment roll made by the Assessor of Kitsap County, therefore, to be collected in the year 1983, carried unanimously. COMMISSIONERS REPORTS Commissioner Stewart stated he felt a separate fund should be established for the Gambling Taxes collected. Commissioner Swanson stated he felt the the issue should be substantiated by the council receiving reports of the number and types of violations as well as expenditures for the enforcement of the gambling issue and personnel. City Commissioners Meeting September 28, 1982 Page Three COMMISSIONERS REPORTS CONTINUED: Mr. Harry Jens, stated the Gambling Commission has allowed that 51% of the funds collected by municipalities must be used for enforcement purposes and he did not feel we could spend that much money. Commissioner Stewart inquired into the status of the bus bench advertising contract and was advised that the City Attorney is reviewing the contract. Mr. Jack Hussey reported that Mr. McElhiney tried to sell the benckes to Mr. Williams who reportedly bought the company. A survey of the benches is in progress and the City Attorney will be advised to contact Mr. Williams regarding this matter. Commissioner Stewart discussed the budget situation and indicated the proposed budget was 22% increase over last year, plus wage increases which would be forthcoming. He also inquired into the status of the Lube contract. Commissioner Stewart discussed the situation of the transit system stating that public transportation as of October 1st will be under the direct control of the PTBA and that unless a contract is signed between the City and PTBA there will be no bus service. He was proposing to enter into an agreement whereby the City would receive $90,000 a month, $3.40 per mile or $20 per standby time and the City take care of insurance. Mrs. Walterine Taylor asked that this be explained to her and Commissioner Stewart obliged. PUBLIC RECOGNITION Mrs. Walterine Taylor asked about a bus bench being placed at the corner of Cherry and Callahan Drive and also a caution light being placed on Riddell Rd. across from the Value Giant for the safety of crossing the road after leaving the bus. Commissioner Swanson explained this was a county road and she should contact them. Tim Carlyle, representing Chapter of ABATE discussed the problem of motorcycles tripping the sensor for light change at 6th and Warren and 6th and Washington. Commissioner Swanson will refer this to the Engineering Department for their review. He also re- quested a proclamation be made supporting the Food Bank efforts of Sambo's and the ABATE riders which would be in effect October 15, 16 and 17. He was advised to stop by the Mayor's office. SIX YEAR TRANSPORTATION PLAN AMENDMENT Allan Kane stated this amendment was proposed to cover street repairs accomplished under its Comprehensive Street Construction Program. This would be for overlay work on Wheaton Way north of the Warren Avenue Bridge to the intersection of Sheridan Road. Motion by Commissioners Swanson and Stewart to approve the budget amendment plan as presented, carried unanimously. Meeting recessed at 10:30 a.m. to reconvene at 1:30 p.m. for the Burger King Hearing. #2054 1:30 p.m. Commissioner Stewart opened the meeting for the Burger King Hearing. Present were Commissioner Swanson, City Clerk Kathleen Mandio and City Attorney Leigh Ann Coilings. City Commissioners Meeting September 28, 1982 Page Four BURGER KING HEARING - REQUEST FOR VARIANCE TO ZONING ORDINANCE SECTION &L% The purpose of the hearing was to hear an appeal by Olympic Peninsula Services Inc. based on the decision of the Planning Commission to grant a parking variance to Burger King. Olympic Peninsula Services Inc. 's appeal also included the parties of Robert J. and Barbara Roths, who hold a long term lease and franchise lease from McDonald's Restaurant at 101 Pacific Ave. William Snell, Attorney for Olympic Peninsula Inc. stated they were appealing the variance to parking requested by Burger King feeling they would be impacting the area by creating parking problems. Tom Fishburn, Attorney for Burger King, questioned whether the Roth's would be present for questioning and was informed they would not. Leigh Ann Collings advised the Council they could hear the appeal based upCn the inclusion of the Roth's if they chose, however, that does not indicate it is accepted as a proper appeal. Clerk read a letter from J.C. Penney stating they had no object- ion to the variance being granted. Also read was a letter from People's Bank stating they had no objection to the requested var- iance, and that they felt the addition of Burger King would be an asset. Clerk reported that advisory ballots had been sent; mailed; 13 returned - 11 for and 2 against. Ken Attebery, Planning Director, stated other correspondence is on file in the record from Planning Commission hearings. The request for variance to parking ordinance is that the requirement of 22 parking stalls be reduced to supply one for every two employ- ees working on the largest daytime shift within a radius of 1,000 feet of the subject site, as well as other recommendations set forth by Planning Commission Resolution No. 651. He stated contact had been made with the Washington State Ferry System as that area of land had been considered in their terminal proposal plan and he had been assured at this time their plans were not goina to be forth- coming and they had no interest or objection to the proposal. Bob Lane, real estate agent for Burger King, described the reason this property was chosen for development, that they would be employing approximately 20-24 employees mostly teenagers and housewives and that they had no objections to any of the conditions at this point. Mr. Gary Krueger, Traffic Engineer with Wilsey and Hamm of Tacoma stated he had surveyed the area and there was no parking available within the site area during peak hours to provide parking to the site. He sited close proximity parking available at J.C. Penney and People's, both of whom had no objection to the request. He stated if no parking is available within the site area, people will not drive to their location, but walk; this being the type of patron ~ they were wishing to attract, the workers, shoppers and ferry foot traffic. City Commissioners Meeting #276 - #1 September 28, 1982 ~0008 Page Five BURGER KING HEARING CONTINUED: Mr. William Popp, Bellevue, Transportation Engineer, stated he had done a survey for McDonalds' , of their patrons in the estab- lishment during the hours of 1 - 3 p.m. and ~hat 30 percent arrived by automobile. He questioned the issue of the ferry terminal expansion plans and environmental checklist. This report was turned in to the Commissioners and a recess was called for review. #0453 Glenn Godfrey, Manager YMCA, stated the Executive Committee of the "Y" felt the addition of the new building would improve value of all surrounding buildings as well as improve the downtown Bremerton area. He expressed concerns regarding Burger King policy relating to trash/littEr control and employees being restricted from using metered parking in ~he immediate vicinity. Darrell Culimo, 120 Washington Ave., stated he had been on the Planning Board for the Comprehensive Plan for Bremerton Area and they had talked about tearing down some of the older buildings and renovating the locations. He did not feel this proposal would have any significant impact on vehicular traffic. Tom Fishburn questioned Mr. Popp regarding the type of questions and technique of interviewer on the survey he mentioned. Commiss- ioner Swanson also asked questions of Mr. Popp regarding the sur- vey. Mr. Snell stated the variance request does not meet the criteria. He felt ~the property was not unique~ and that the traffic impact' had not been properly assessed. He asked that the variance be denied. #1200 Jerry Soriano, stated he i~ representing the property owners and reported they had been before the Planning Commission on two separate occasions, with different members present at both times and had support on a 5-0 and 4-1 basis in favor of the project and request. He pointed out the congestion caused by the buses presently parking at the location used by Cascade Trails. He stated they would meet the parking requirement as set forth. ~1342 Mr. Gary Krueger, commented on the survey taken at McDonald's and did not feel it was reliable. Mr. Tom Fishburn, stated the site does not cater to vehicle traffic and that the site is valueless to any business that requires vehic- ular parking. Burger King does not need vehicular traffic at this site. He felt the Planning Commission is correct and recommended Council deny the appeal. #1514 Commissioner Swanson stated he felt there was a need for a walk-in type of restaurant in the downtown area and supported the actions and decision of the Planning Department and Planning Commission. Commissioner Stewart also stated his support of the proposal with the litter and employee off-street parking requirements be made a part of Burger King Policy and Procedures. Motion by Commissioners Stewart and Swanson to adopt the Planning Commission Resolution No. 651 recommendations as well as th~ adoption of the requirement for clean-up of trash and litter, as well as restricted employee park- ing, carried u.nanimously. City Commissioners Meeting September 28, 1982 Page Six COMMISSIONERS REPORTS CONTINUED: Commissioner Stewart indicated he would like to discuss the PTBA contract again and Commissioner Swanson indicated he had given it time for study since this morning's conversation and felt it was a straight forward charge. Motion by Commissioners Swanson and Stwart to proceed with a contract with PTBA at $20.00 per hour standby time; $3.40 per mile plus $90,000 per month to cover expenses, for a three month period until January 1, 1982, or as long as needed, carried unanimously. City Attorney Bill Broughton came into the meeting at this time. BILLS Motion by Commissioners Stewart and Swanson to approve Special Vouchers #5783 & #5784 in the total amount of $4632.29 and Regular Vouchers #05813 - 03997 in the total amount of $342,978.91, carried unanimously. It was noted on the Warrant Register by the City Auditor that there was one check payable to a City employee, Jim Cobb in the amount of $4520.69 fo~ tools. In the future there would be others to total an amount of $17,300 more in the future. City Attorney Bill Broughton asked that the Council reconvene immediately to an Executive Session for discussion regarding certain pending litigation. Meeting adjourned at 3:40 p.m. K~THLEEN L. MANDIO, City Clerk ROBERT B. STEWART, Mayor Pro-,Tem £0UNQL Tape #276 Side ~1 #1724 A?P 0V£D OOT 5