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{1982> JUL 4
CITY COY~'~ISSIONE~S i MEETING
JULY 7, 1981
Regular meeting of the City Commissioners of the City of Bremerton,
Washington, was held in the Council Chambers at City Hall, 239 Fourth
Street, on Tuesday, July 7, 1981 at 9:05 A.M., with Mayor Glenn Jarstad
presiding. Also present were Commissioners Bob Stewart and Tom Swanson,
City Attorney Jim Ryan and City Clerk Kathleen Mandio. Also present
were men~ers of the press and radio.
The meeting was opened with the Pledge of Allegiance and the Invocation
given.
MINUTES OF JUNE 30, 1981
Motion by Mayor Jarstad and Commissioner Stewart to approve the minutes
as presented, carried unanimously.
CHANGE OF PAY STATUS AND SEPARATIONS
Robert N. Johnson, 4th to 5th Yr. Patrolman, $10.61 to $10.86 per hr,
effective 7-18-81
Daniel R. Heistand, Service Specialist II, 9C to 9D, $8.80 per hr.,
effective 6-26-81
Steven Nublein, Temporary Janitor, Water Department, terminated 7-11-81
Stephen Gardner, Extra Labor/Lifeguard, Parks, terminated 6-8-81
Kay Ann Dow, Draftsperson, Planning, terminated 7-1-81
Motion by Mayor Jarstad and Conm~issioner Swanson, to approve Change
of Pay Status and Separation requests, as presented, carried unanimously.
CLAIM FOR DAMAGES - GEORGE B. DEMELLO
Clerk presented claim for damages on behalf of George Demello in the
amount of $115.00 for damaged glass lenses. Disposition is pending
deparUnent report.
APPLICATION FOR TAXICAB DRIVERS LICENSE - Lloyd C. Kilgore
Clerk presented Application for Taxicab Driver License for Lloyd C.
Kilgore with recommendation of approval from the Police Department.
Motion by Commissioner Stewart and Mayor Jarstad to approve the
app~ation, carried unanimously.
MUSIC MACHINE APPLICATION - Jim E. Brown
.Clerk presented application for Music Machine for Mr. Jim Brown,
dba Pop's Inn Tavern with recommendation of approval from the Police
Department. Motion by Commissioners Swanson and Stewart to approve
the application as presented, carried unanimously.
9:15 - 9:20 A.M. - Mayor Jarstad adjourned Council Meeting for a five
minute Personnel discussion with Commissioners Stewart and Swanson.
LETTER FROM R. SOWELL RE CHANGE TO ONE WAY STREETS
Clerk read letter from Mr. Richard Sowell expressing his concern over
C2022) proposed change of traffic flow for 4th and 5th Streets. Commissioner
Swanson stated the change was recommended to increase traffic safety
and that ~, recommended setting a hearing date. A date of July 21,
1981 was Subsequently set.
MEMO FROM CIVIL SERVICE RE F. BURTON TERMINATION NOTICE
Clerk read memo from Personnel Director stating that pursuant to the
attached Civil Service Commission decision issued this date, he was
requesting that the termination notice approved by the Council on
June 2, 1981 be rescinded. Motion by Mayor Jarstad and Commissioner
Stewart to accept the recommendation of the Personnel Director, carried
unanimously.
City Commissioners Meeting
July 7, 1981
Page Two
MEMO FROM ENGINEERING RE MARION AVE. STREET & DRAINAGE IMPROVEMENT
CONTRACT NO. 2017
Clerk read memo from Engineering Department stating the subject work
performed by Moss Construction has been completed in accordance with
the plans and specifications for the job and recommended acceptance
of the work for the purposes of operation and maintenance. Motion by
Commissioners Swanson and Stewart to approve and accept the project
as completed, carried unanimously.
MEMO FROM ENGINEERING RE REQUEST FOR STREET USE PERMIT -
306 Shore Drive
Clerk read memo from Engineering requesting a street use permit
for Mr. Chris Swansen, 306 Shore Drive, to construct a carport, for
an area approximately 4.0 ft. by 16.0 ft., legal description on file
in Engineering. Discussion followed and a Motion by Conm~issioners
Stewart and Swanson to grant Mr. Swansen a revocable street use permit
for the use of an area approximately 4.0 ft. by 16.0 ft., described
in a legal in Engineering, carried unanimously.
BID AWARD - PAVING MATERIALS
Clerk read memo from Engineering, Street and Purchasing stating they
had reviewed the bids as submitted for the paving material contradt
and they recoF~ended the bid be awarded to Ace Paving as they were
the sole bidder. Motion by Commissioners Swanson and Stewart to award
2185 the bid to Ace Paving on the above recommendations, carried unanimously.
9:30 A.M. PUBLIC RECOGNITION
Mr. McElhinney dba Transit Bench Systems, requested from the Commissioners
that they enter into an Amendment to his Agreement which called for
a security deposit of $5000 to assure performance of terms set forth
in his original contract. He was now requesting to post a Performance
2322 Bond in lieu of said security. Attorney Ryan stated a Performance Bond
in the amount of $5000 would cover the City for indebtedness that
might be owing to them in the case of default by Transit Bench Systems.
Motion by Com~nissioners Stewart and Swanson to amend the Agreement
with Mr. McElhinney to allow a $5000 Performance Bond in lieu of security
,of $1000 presently in Escrow, carried unanimously.
BRIARCLIFF RESTAURANT LICENSE REVIEW
2433 Clerk read two telephone notes for the record which had been received
regarding the above. A note from Mrs. Lypke stating her support of the
restaurant; and a note from Mrs. Nelson stating she wanted to be on
record as not having received a formal written notice of the hearing.
Clerk stated that this was not an actual hearing, but a continuation of
a review of temporary issuance of a entertainment license and that they
were verbally notified in person at the last Council meeting. Also
presented for record was a newspaper article advertising new and quieter
music being provided by the Briarcliff.
2473 Mr. Harold Nelson, half owner of the Briarcliff, stated they now have
quieter music, the rock and roll is gone. He had checked himself with
the Police Department and the police records indicated only one complaint
on file since the last of May.
Mayor Jarstad asked Mr. Nelson if he would be going back to amplified
music again.
Commissioner Swanson asked Mr. Nelson why he waited this long to go
~552 to soft musicafter the length of time and the problems.
Mr. Nelson stated he had contract arrangements that kept things going.
that it was a financial necessity.
City Commissioners Meeting
July 7, 1981
Page Three
BRIARCLIFF RESTAURANT LICENSE REVIEW CONTINUED
Wendell Arnold, South Ridge Condo Apt. 307, stated that it has been
a minimum of two years that this problem has been going on. He also
stated this building was not built for this type of use that it is now
being used for; that the noise has been detrimental to the health of
many residents in that area. He stated he built and operated the
Hearthstone Restaurant to meet the specifications for that type of
use and there has been no .problems. He felt another change in owner-
2580) ship would only result in a change of music again.
Mrs. Vinita Owens, 923 Pershing #208, stated she does not understand
why this noise has gone on so long. She has written letters and
contacted the Liquor Board. She feels the Council must take action.
Mrs. Josephine Honish, 921 Pershing #101, stated she had written a
letter stating she does not get all the noise the other neighbors
are but is concerned about the litter and traffic problems and feels
the property value is going down because of the noise, and that it is
affecting her personal life as well. She is definitely against the
City of Bremerton renewing the Entertainment License and that anyone
can at anytime start noise all over again.
2698) Mr. Wayne Simpkins, Kitsap Way, stated this has been a continual
problem since they started music there.
ape 222
ide 1 Mary Lou Long,stated she felt the license should be revoked.
004
Mr. Joe Aikens, resident of South Ridge Condo and member of the Board
of Residents, stated the letters are from individuals of South Ridge
Condo and are not the expression of the majority of the members from
the Association of the Condo.
Marie Seting, 4308 Kitsap Way, said she does not hear the music from the
Hearthstone but does hear the music from the Briarcliff and would like
to see license revoked.
'Mayor Jarstad reiterated the past history of the building and the
development into a restaurant and entertainment area; the problems
with the previous owners, and the necessary structural changes asked
for, all in an effort to improve the situation, but did not feel the
changes have been effective. He feels it to be in the best interest
of our judicial review not to issue the entertainment license. This
has gone on for two years and the renovations have not been made as
planned.
Commissioner Stewart feels this shou]d have been taken care of two
years ago, and hopes this brings it to an end.
CommissioneL Swanson felt we need a revised noise level ordinance,
the City Attorney is working on this and it will define specific
noise levels.
Motion by Mayor Jarstad and Commissioner Stewart not to issue the
entertainment license, carried unanimously.
City Commissioners Meeting
July 7, 1981
Page Four
MEMO FROM PLANNING RE REQUEST FOR MOBILE HOME WITHIN CITY LIMITS
Clerk read memo from Planning Director who referred to attached
copy of Ordinance 2775, which prohibits the location of mobile homes
used for human habitation on public or private tracts, and the
related zoning ordinance regarding location of mobile homes for
residential purposes on individual lots. This stated to be consistent
in all areas of the City since 1976. One option that would be avail-
able would be the location of a modular home which are allowed on
permanent foundations, but not mobile homes.
Commissioner Stewart feels this should be looked into as there are some
areas of Bremerton which should be used for this purpose.
(413)
Commissioner Swanson stated his concern and wants this to be looked
into again, have the Planning Commission and Building Department
review and make some recommendations.
Commissioner Stewart stated he would like to see the Planning Depart-
ment study the county ordinance as it relates to mobile homes, and
report to City Council within four weeks and make a recommendation at
that time.
MEMO FROM CIVIL SERVICE RE P. CORLISS TERMINATION NOTICE
Clerk read memo from Personnel Director stating that Mr. Corliss has
been reinstated as a Police Sergeant within the Police Department and
requested the City Council rescind the attached report of sepTration
previously approve by Council on June 2, 1981. Motion by Mayor Jarstad
and Commissioner Swanson to approve the request to rescind the previous
motion of June 2, 1981, carried unanimously.
10:30 - 10:40 A.M. - RECESS
HEARING - Vickie Knight Rezone B-1 to B-2
Clerk stated this had been properly advertised and po~ted as required
by law. Twenty Eight advisory ballots had been sent, 11 returned,
5 for and 6 against. A letter received from Mr. Ralph Hamilton stating
the was in favor of the proposal was read. Kay Wilson, Assistant Planning
Director presented to the Council the Planning Department Advisory
Report of recommendations. Also presented were three photos which will
(858) become a part of the file. Ms Wilson stated that based on information
available as of June 9, 1981 (prior to the Planning Commission public
hearing), the Planning Department recommended approval of the subjec~
application.
Ms. Vickie Knight, stated she plans to paint and cleanup the house 'and
use ~'as a 3-4 chair beauty shop. She has talked to the owners of the
Harlequin Apt. across the street and they will allow her employees to
use a low density parking area there for their parking, leaving the
proposed parking stalls available for the beauty shop customers.
Co~tmissioners Stewart and Swanson discussed with Bob Frisbie the
concerns of the width of the lot for parking and a suggestion was
made to designate certain areas of the parking for compact cars only.
Mrs. Glen Hill, who lives in duplex next door, stated her concern over
the extra traffic to be generated by a beauty shop business and felt
that parking would be a problem. She stated she was definitely against
the proposed rezone request..
John Ash, 146 Rainier,stated he has never had any traffic problems
in the area but that the noise from the street is so bad that it makes
it a poor location for a dwelling.
City Commissioners Meeting
July 7, 1981
Page Five
VICKIE KNIGHT REZONE HEARING CONTINUED:
Dave Townsend, 213 5th Street, expressed his concern over the increase
in traffic, that the area is primarily residential and would like to see
it continue that way.
Sally Hopi__nger,ststed there were only two full time operators at the
shop and they had staggered hours, so there wouldn't be that much
increase in traffic/parking.
Commissioner Swanson stated he felt that the rezone to B-2 can upset
the neighborhood, that she could have a beauty shop on a B-1 with a
request for a 10 foot variance for the parking. Commissioner Stewart
feels we should use the land to the best advantage.
Motion by Mayor Jarstad and Commissioner Stewart to approve fezone
request to B-2 based on the Planning Department Recommendations and
amendment to be included that it remain a beauty shop, and listed
conditions:
1. This rezone is subject to the various requirements contained in
the Bremerton Area Plan, the Bremerton Zoning Ordinance, the Uniform
Building Code and other applicable laws and regulations. It is the
responsibility of the developer to assure compliance with the
applicable provisions contained therein.
2. The site shall be developed essentially the same as the site plan
labeled Exhibit "B" except as modified herein.
3. Any changes, revisions or additions which constitute a significant
departure from the approved site plan shall require approval of the
Planning Commission.
4. The use of the subject site shall be limited to a beauty shop with
a maximum of four (4) chairs if the alley between Burwell and First
Street is designated for one-way traffic southbound, or to three (3)
chairs if the alley remains two-way, with associated parking, screening
~nd landscaping.
5. Signs on the subject site shall be oriented to Burwell and shall be
either ground mounted or placed against the building walls, and all
signs shall be unlighted and shall not exceed 20 square feet each.
6. Prior to the issuance of any building permits the developer shall
submit and obtain approval of responsible City Departments for a site
plan which includes:
a. Elimination of parking stalls 5 and 10
b. Preservation of any major existing vegetation in the parking
lot area which is feasible to retain.
c. Provisions for a minimum of two (2) marked secure bicycle
parking spaces for employees and for customers. These spaces
should be sheltered from the elements if at all feesible.
7. Prior to the issuance of an occupancy permit the developer shall:
a. Erect a 48" high solid fence, or provide other effective
screening approved by the Planning Director, along that
portion of the south property line between the alley and
beauty shop structure.
b. Show compliance with the above listed conditions.
City Commissioners Meeting
July 7, 1981
Page Six
VICKIE KNIGHT REZONE HEARING CONTINUED:
8. If the subject application is approved, the alley from Burwell
to First Street between Rainier and Bloomington should be posted for
one-way traffic south-bound, as recommended by the Engineering and
Police-Traffic Departments.
Question by Clerk: Mayor Jarstad, yes; Commissioner-Stewart, yes;
Commissioner Swanson, no.
HEARING - HANSEN, HANSEN & JOHNSON - SHORELINE MANAGEMENT PERMIT
Clerk stated this hearing was a continuation from last week and that
no further correspondence had been received. Mr. Duffy, Planning
Department, stated applicant has met and worked with the staff and
submitted a revised site plan. The request for a variance was no
longer necessary, as the revised site plan reflected an 18 unit complex
instead of 20, parking had been increased from 24 to 35 stalls, and
in all aspects met the necessary requirement of the B.A.P, zoning
ordinance, Shoreline Plan, and was consistent with the master program
~2043) regulations. It was the recommendation of the Planning Department
to approve the request, with conditions.
Lee Hansen, stated he had met with the staff and reduced density of
structure in order to eliminate the issue of a variance request. He
had no objections to the recommendations and feels that they can comply
with them as suggested.
Mr. Lawrence Weaver, President of Manette Neighborhood Association,
2104 E. llth Street, and professional engineer with offices there,
stated the neighborhood association is against the proposed develop-
ment. He also expressed concerns regarding roof top parking, public
services, the use of State and City adjacent ].ands, the terrain of the
(2250)site and historical ground concerns.
Glen Vockrodt, 1409 Marlowe, stated he had not had time to study the
revised site plan and expressed his concern over the steephess of the
driveway, the proximity of it to the bridge with traffic flow, and
suggested apartment dwellers have a road under the bridge with traffic
coming into Shore Drive instead of Wheaton Way.
Commissioner Stewart discussed with Mr. Hartsen the areas of excavation,
2451) parking, visibility at street access.
Commissioner Swanson stated he had reservations about the traffic flow
for that development as well as the use of that particular lot. He also
stated he did not feel they have met everything set forth by the fire
department, sound proofing of noise impact from bridge and the grading
for the driveway. Motion by Commissioner Stewart and Ma~or Jarstad to
ape approve the.~equest for shoreline Management Permit as recommended by
22 Planning Department with conditions, carried as follows: Mayor Jarstad
ide 2 yes; Commissioner Stewart, yes; Commissioner Swanson, no.
0010
1. This shoreline development permit is subject to the various require-
ments contained in the Bremerton Area Plan, The Bremerton Zoning
Ordinance, the Uniform Building Code, the Bremerton Shoreline Manage-
ment Master Program and other applicable laws and regulations. It is
the responsibility of the developer to assure compliance with the
applicable provisions contained therein;
2. The site shall be developed essentially the same as in the site plan
labeled Exhibit "B" except as modified herein.
City Commissioners Meeting
July 7, 1981
Page Seven
HEARING - HANSEN, HANSEN & JOHNSON CONTINUED:
3. Any changes, revisions or additions which constitute a significant
departure from the approved site plan shall be approved by the
Bremerton City Council and the Washington State Department of Ecology
under the provisicn of WAC 173.14.064.
4. Access to the subject site from Wheaton Way shall be limited to
right-turn in and right-turn out, and shall be so signed or otherwise
restricted to Engineering and Police/Traffic requirements.
5. The following items shall be provided in accordanc'e with Master
Program and City development regulations prior to the issuance of a
building permit.
a. A general vegetation inventory and plan for landscaping and
retention of significant existing vegetation.
b. A plan for temporary soil stabilization, on-site storm water
detention, and erosion control during construction and perman-
ent soil stabilization and storm water detention and control
upon completion of development.
c. Written proof that tke Washington State Office of Archaeology
and Historic Preservation has completed its review of the subject
proposal.
d. A revised site plan showing:
(1) Conformance with maximum lot width coverage requirements;
(2) Storm water discharge levels and sanitary sewer connections;
( ) vi Of n '"han 2 ' ' s
~~ we.s an~ f venl cle fo 1 . s
6. Prior to the issuance of an occupancy permit the developer shall:
a. Comply with all Fire Department and Engineering Department
requirements.
b. Grant to the public and record with Kitsap County, an easement
for public pedestrian ingress and egress over any tidelands on or
adjacent to the subject property which are in the ownership of
the d~Feloper.
c. Demonstrate compliance with all of the above listed conditions
(items 1- 6).
City Commissioners Meeting
July 7, 1981
Page Eight
SIX-YEAR TRANSPORTATION IMPROVEMENT
PROGRAM AMENDMENTS 1982 to 1987
(446) Clerk read memo from Engineering Department with attached Six-Year
Transportation Improvement Program and Resolution recommending
approval of the plan and attached Resolution. Motion by Commissioners
Swanson and Stewart to accept the Six-Year Transportation Program
1982 to 1987 as presented and the attached Resolution, carried
unanimously.
ORDINANCE RE REZONE - LOIDHAMER - For First Reading
Clerk read AN ORDINANCE for first reading as it related to amending
the use and area maps of Ordinance No. 1792 (Loidhamer), Rezone
from R-1 to R-2. Motion by Commissioners Stewart and Swanson to
approve on first reading, carried as follows: Mayor Jarstad, yes;
Commissioner Stewart, yes; Commissioner Swanson, yes.
DATA PROCESSING - BID AWARD
Clerk read memo from Data Processing recommending the purchase the
printer from BDS for $7,438 which was the low bid. Also recommended
was the purchase of the sound reduction cabinet for an additional
$680.00. A purchase of the printer interface control from Burrough's
for $1,454. Charges for freight and installation would be an additional
$400, for a total purchase price of $9,972.00. Motion by Commissioners
Stewart and Swanson toapprove the purchase of the printer for a
total price of $9,972, funding from CR General, carried unanimously.
MEMO FROM AMBULANCE COMMITTEE
Clerk read memo from Ambulance Committee stating they had considered
the application for rotation call from Kitsap Services and that they
had met all requirements from the city ordinance and applicable state
standards. It was the recoxmmendation of the committee that they be
given a regular turn in rotation beginning August 24, 1981, and every
third turn thereafter as long as three separate companies existed in
the city. It was also recommended that the personnel be required to
wear identifying name tags and this will be included as a requirement
at the next regular inspection of companies. Motion by Con~issioners
· Stewart and Swanson to accept the recommendations as presented, carried
unanimously.
REQUEST FOR FUNDS FROM POLICE DEPARTMENT TO REPLACE VEHICLE
Clerk read memo from Sgt. Plumb requesting the use of insurance payoff
money on a wrecked police vehicle be made available to the Police
Department so they might purchase a replacement vehicle. Motion by
Mayor Jarstad and Commissioner Stewart to approve this request to make
funds available into the general fund, carried unanimously.
BILLS
Motion by Conmissioners Stewart and Swanson to approve Special Warrant
Lis'i'~e'725071-_lin the amount of $413.84 and Warrant Register #25075 - #25171
in the amount of $258,901.92, audited by the City Auditor, carried
unanimously.
COMMISSIONERS' REPORTS
Commissicner Stewart stated the general fund is looking better as we
have still been cutting back on expenditures as well as receiving
real estate tax.
Meeting adjourned at 1:45 p.m.
KATHLEEN L. MANDIO, City Clerk
APPROVED:
GLENN K. JA~T~Mayor