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HomeMy WebLinkAbout09/12/78 UNAPPR ,ED MINUTES CO!j qCll, CITY COMMISSIONERS' MEETING MINUTES Ai:TI:~OVED September 12, 1978 ?iL~i 7!7~ TAPE #140 Regular meeting of the City Commissioners of the City of Bremerton, Washington, (B) 1608 was held in the City Council Chambers at City Halt, 239 Fourth Street, on Tuesday, September 12, 1978 at 9:00 A.M., with Commissioner Stewart presiding. Also present were Commissioner Swanson, City Clerk Mandio,, Asst. City Attorney HaberlM and representatives of the press and radio. Mayor Jarstad was on vacation. Meeting was opened with the Pledge of Allegiance. MINUTES OF SEPT. 5, and SEPT. 7, 1978 Motion by Commissioners Stewart and Swanson to approve minutes as circulated, carried. SEPARATIONS Gene Scales, Water Supply, Summer Help, 9/8/78. .Clareen L. Hatsen, Police Dept., Oftice Asst. II, 9/5/78. Motion by Commissioners Swanson and Stewart to approve separations, carried. NOTICES OF EMPLOYMENT Kerry Peterson, Police Dept., Office Asst. II, CETA #4650, $4.20 per hr., 9/6/78. Shirley A. VanHoover, Street Dept., Dispatcher/Storekeeper (provisional), $5.63 per hr., 9/11/78. Ruby J. Eyler, Executive Dept., Extra Help (intermittent), $3.50 per hr., 9/13/78~ Motion by Commissioners Stewart and Swanson to approve notices of employment, carried. CHANGE OF PAY STATUS & CHANGE OF STATUS Robert Dully, Planning Dept., Planning Asst. CETA, 1OA to lOB, $6.33 to $6.53 per hr., 9/9/78. Corinne Harrington, Police Dept., Office Asst. II CETA to CSE, no change in pay, 9/6/78. Motion by Commissioners Swanson and Stewart to approve changes of pay status, carried. CLAIMS FOR DAMAGES George Tiller (Motor Parts Service), $242.16, mud and water damage. Clerk stated a copy had been sent to the Street Dept. for report and the insurance company. Daniel J. Kolden, $166.26, windshield cracked and headlight on driver's side. Claim stated a Water Dept. pickup accelerated and threw gravel from his rear wheels. Clerk stated a copy had been sent to the Street Dept. and insurance company. LICENSE APPLICATIONS Puget SoUnd Naval Shipyard (Dennis P. Sarfaty), parade permit, Sept. 16, 1978. Motion by Commissioners Stewart and Swanson to approve parade permit, carried. Fred C. Woods, Dos Amigos Restaurant & Lounge, live music. Motion by Commissioners Stewart and Swanson to approve live music application, carried. SURPLUS USED PLANKS - Parks Dept. Clerk read memo from Parks Superintendent, dated Sept. 11, 1978, which slated that the Parks Dept. desires to suplus approximately 1OO-150 used planks which were removed from the old Coal Dock at Lions' Community Piayfleld; that these planks are in assorted lengths and, for the most part, in a deteriorated condition. Motion by Commissioners Stewart and Swanson to surplus used planks and dispose uf in the best interest of the City, carried. SURPLUS EQUIPMENT - Filing Cabinet (Public Works) Clerk read memo from Commissioner of Public Works, dated Sept. 12, 1978, wl~ich requested that one Shaw-Walker five-drawer filing cabinet be surplused aud dis-- posed of in the best interest of the City. Motion by Commissioners Swanson and S~ewart to surplus filing cabinet and dispose of in the best interest of the City, carried. CITY COMMISSIONERS' MINUTES September 12, 1978 Page two SURPLUS TYPEWRITER - Garage Dept. Clerk read memo from Garage Foreman, dated Sept. 11, 1978, which stated the Garage has one Royal Typewriter (SR #HHE-15-5007917) which is surplus to its needs.. Motion by Commisssioners Swanson and Stewart to surplus typewriter and dispose of in the best interest of the City, carried. SURPLUS EQUIPMENT - Treasurer's Office Clerk read memo from City Treasurer, dated Sept. 9, 1978, which requested that (1) Coin Counter and (1) NCR Accounting Machine plus all ielated equipment for the operation of the machine be surplused. Motion by Commissioners Swanson and Stewart to declare coin counter and NCR Accounting Machine and relating equipment surplus and dispose of in the best interest of the City, carried. SURPLUS EQUIPMENT - Water Supply Clerk read memo from Water Supply Supervisor, dated Sept. 7, 1978, which requested approval to surplus the following items: Caterpillar (D-7) engine, 6 cyl Chrysler industrial Engine, 1944 Caterpillar Grader, 1942 Caterpillar D-7 Dozer, Military 2-wheel trailer, Wilson portable welder, Army 6x6 truck, and assorted scrap metal. Motion by Commissioners Swanson and Stewart to declare above items surplus and dispose of in the best interest of the City, carried. CALL FOR BIDS - Vena Well Casing Clerk read memo from Water Superintendent, dated Sept. 6, 1978, which stated it is necessary to purchase 20 ft. of 16 in. well casing and 300 ft. of 22 in. well casing for the Vena Well Project. Motion by Commissioners Swanson and Stewart to approve call for bids for wcll casing, carried. CALL FOR BIDS - Various City Departments Clerk presented requisition from~Asst. Purchasing Agent, dated Sept. 8, 1978, for call for bids on the following contract items for period 1/1/79 through 12/31/79: Gasoline; Janitor Services (City Hall. Bldg. only); Handicapped Transportation Service; Concrete, Concrete Products & Related Items; Official Publication; Chlorine; Tire, Tubes, Over Road Services & Related Items; Oils, Greases & Solvent as required; and Office Machine Maintenance. Clerk stated the only one she questioned is the Handicapped Transportation and she suggested approving bid call on the other items and aDprov{n~ bid call on Handicapped Transportation subject to obtaining Revenue Sharing Funds for next year. Motion by Commissioners Swanson and Stewart to call for bids for all items except Handicapped Transportation. Under discussion: Commissioner Swanson requested that City Clerk meet with the Garage Foreman to discuss upgrading the specifications for oll and solvents. Clerk agreed to this. Motion carried. Motion by Commissioners Swanson and Stewart to approve call for bids for Handi- capped Transportation and proceed when the City obtains Revenue Sharing Funds for next year. Under discussion: Commissioner Stewart stated he strongly supports the handicapped program and the cost is very minimal. He stated that with the City's Handicapped Transportation Program, no handicapped person is marooned in the City. Motion carried. - MICROFILM SERVICES - Seafirst Computer Services Corp. (Contract No. 1502) Clerk read letter from Seafirst Computer ServiCes Corp.~ dated Sept. 7, 1978, which stated that Seafirst Computer Services proposes to continue microfilm services under Contract No. 1502 for another year with no change in rates or conditions. Motion by Commissioners Stewart and Swanson to approve renewal of Contract No. 1502 with Seaflrst Computer Services Corp. for period Sept. 14, 1978 through Sept. 13, 1979, carried. -2- CITY COMMISSIONERS' MINUTES September 12, 1978 Page three BID AWARD - Intersection Improvements-Signals Clerk read memo from City Engineer, dated Sept. 6, 1978, which recommended that bid for intersection improvements at Warren Ave. & 5th St. and Callow Ave. & Burwelt St. be awarded to Signal Electric in the amount of $59,911.00. The memo stated this was the low bid and it is 33% above .Engineer's estimate, which is based upon February 1977 dollars; that the Federal Share is $53,920 and the City share of $5,991 to be paid out of Arterial Half-Cent Gas Tax. Motion by Commissioners Swanson and Stewart toaward bid to Signal Electric pending approval by the State Aid Engineers Office, carried. ACQUISITION OF SECTION OF PEARL STREET Clerk reported she had received a notice from the County Treasurer~s office regarding a piece of property that is being foreclosed on Pearl St. for lack of payment of taxes and this will go at public auction. She stated she had reviewed this with Gerry Thornburgh and it appears it would be advantageous to the City to purchase this piece of property; that the back taxes are $33.06. Motion by Commissioners Swanson and Stewart to approve acquisition of property when it is foreclosed, carried. COUNTY ROAD 250 RENAMING Clerk read memo from City Engineer to Commissioner Swanson, dated Aug. 31, 1978, which stated his department Ieels the name "Lower Eastlake Drive" would cause confusion as would Harlow Ave.; that a compromise name of East Kitsap Lake Dr. would be least confusing of the names proposed or currently being used for the renaming of County Road 250. She then read ~ memo from Commissioner Swanson, dated Sept. 5, 1978, which stated he concurs with the City Engineer's comments; that Schoneman Dr. is another suggestion. Discussion followed and CommiSsioner Swanson stated he felt more consideration should be given before renaming th~s street to avoid confusion. Asst. Fire Chief Meigs stated his department would appreciate less confusion when it comes to the names of streets. REPORT RE: LIFE SAFETY CODE, 1976 EDITION Jack Horton, Deputy Fire Marsha|l, reviewed the background of the history of the Life Safety Code and stated this 1976 edition was adopted as referenced, not verbatim; that it was adopted as reference materials along with other recognized standards. Mr. Horton discussed the different points Mr. Clark brought out two weeks ago and stated this 1976 Code is used as a guideline and it is used with common sense. He stated the Fire Dept. is the most qualified to impose the procedures set out by the Life Safety Code and WAC 2.]2 sets out procedures for a Board of Appeals. A lengthy discussion followed and Mr. Clark stated he does not believe the City should have a law and then allow a civil servant to interpret it as he sees fit; that the law as written should apply to everyone. He also pointed out that the code states that it pertains to all new and existing construction. Mr. Horton stated, in their opinion, it pertains to new construction only. He also stated that if there is a life safety hazard, it sheuld be corrected whether it is a new or an old building. Commissioner Swanson pointed out that many of the C~ty's Ordinances are enforced using discretionary judgment and the Fire Dept. is the most able and has the most knowledge about making any judgment regarding fire safety. He stated there have been very few complaints about over-enforcement of fire codes and he is against changing or altering the Life Safety Code now. He stated he would like to go on record as supporting Mr. Horton, Mr. Meigs a~d the Fire Dept. Commissioner Stewart agreed with Commissioner Swanson, hut if there {s something that causes a hardship and does not do any good, then the City should make some changes. Mr. Clark stated he has no argument with Mr. Horton or the Fire Dept., but he feels Mr. Horton is mistaken in his interpretation of the Code. Further discussion followed and Commissioner Stewart stated the Clty should look into this matter further. BRANDT/VINSON REZONE ORDINANCE Clerk read letter from Mr. Vinson, dated Sept. 11, ]978, which requested that Restriction No. 2 be changed from "That a tree barrier be placed on the side of the .parcel on 15th and 17th Streets" to "That a tree barrier be placed oL the north and south sides of the parcel", (Their property does not border on 17th St,); and Restriction No, 3 be changed from "That the road be paved to -3- CITY COMMISSIONERS' MINUTES September 12, 1978 Page £our City of Bremerton Standards" to "That the driveway and parking spaces on the parcel be paved to City of Bremerton standards". Clerk explained the intent was to.have the road paved between the School and Mr. Vinson's property, but part of that road belongs to the School District. Mr. Vinson presented a memo from the City Engineer, dated May 5, 1978, which stated an additional 5 ft. is necessary from this parcel to develop access to the development, plus 20 ft. from the school on the south. Mr. Vinson stated a 5 ft. easement has been given, but the School District does not have the funds to pave their 20 ft. Discussion followed regarding paving the street and Ms. Haberly stated she will check to see if the City can require Mr. Vinson to pave the street that belongs to the School District. Commissioner Swanson stated he would rather see a decent width paved on the street in order to allow emergency vehicles access rather than have a sidewalk put in'. COMMISSIONERS' REPORTS Commissioner Swanson: H After Sept. 4, 1978, the Recreational Vehicle dumping during n Station at Treatment Plant #2, on Charleston Beach Road,' will no longer be open in the evenings. Commissioner Stewart: 1. He stated parking tickets are down almost 22% from last year. 2. He stated the Port District has asked the City to do their billing for their sewer system. Meeting recessed from '10:30 A.M. until 10:35°A.M. HEARINGS - Peoples' National Bank R/W Vacation and Harkins Place Rezone & R/W Vacation Motion by Commissioners Stewart and Swanson to hold hearings in order listed above, carried. TAPE #141 PEOPLES' NATIONAL BANK R/W VACATION HEARING (A) Clerk stated the hearing had been advertised and posted as required by law. She read Planning Commission Resolution No. 483 recommending denial. She then read letter from Robert R. Wilson, Vice President & Manager of Peoples's Nat'l. Bank, dated Sept. 11, 1978, which requested that their application be withdrawn and no action taken. Commissioner Swanson stated that the bank has been talking with the Planning Dept. and Engineering Dept. regarding a variation of their proposal. He stated this should be continued unt.~l these discussions have been concluded. Motion by Commissioners Stewart and Swanson to continue hearing until discussions are completed between People's National Bank and the Planning and Engineering Departments, carried. TAPE #141 HARKINS PLACE REZONE AND R/W VACATION CONTINUATION (A) 1OO Bill Denend, Attorney representing the proponents of the development of Harkins Place, distributed a map and pictures of the type of structures that are proposed for the development. He stated Mr. Harris from Seattle is the architect who will be working on the development. Discussion was held regarding the covenants and Mr. Denend stated they have a majority of signatures to repeal the covenants; that they are requesting a rezone to B-2 contingent upon approval of a site plaU- Chuck Denend, 2665 Highway 160, Port Orchard, stated they have several prospective customers who would like to locate there, but at this point they do not have a site plan because they do not know who the tenants will be. Elizabeth Buell, 1722 High Ave., spoke o~ the problems the owners of Harkins Place have had trying to get a rezone and she stated that all the property owners want it rezoned commercial. She also stated the majority of the people approve removal of the covenants and nobody wants to live in the area any more. Hearing recessed for bid opening. -4- CITY COMMISSIONERS' MINUTES September 12, 1978 Page five -BID OPENING - Two 1/2-ton Pickup Trucks (Water Dept.) Motion by Commissioners Stewart and Swanson to open bids at this time, carried. Haselwood Buick, bid bond enclosed, $9,901.69. Bennett Ford, bid check enclosed, $10,460.09. Kluge Chevrolet, bid check enclosed, $10,377.72. Motion by Commissioners Swanson and Stewart to refer bids to Water Dept. for evaluation and award next week, carried. HARKINS PLACE HEARING (continued) Mrs. Buell stated that they want to protect the people in Olympic Manor and Commissioner Stewart stated some kind of a site plan is needed. Commissioner Swanson stated the people do have a noise problem as well as a traffic problem and the history of rezones show that site plans are more often than not changed. Commissioner Stewart stated he could not approve a blanket approval to rezone to B-2 without some sort of site plan and Bill Denend stated they are not asking for a B-2 rezone without restrictions; they do want B-2 zoning contingent upon approval of the site plan that is suitable to the residents of the area. OPPONENTS: Clerk read letter signed by John D. Hawk and 20 other residents, dated Sept. 8, 1978, opposing the request for rezone oi Harkins Place. This letter is on file. Mrs. Brownhill, 1109 Dibb, stated this area should not be rezoned; that a wall could be put up to cut down the noise. She stated they have the same problem on Dibb St. David Warren, 1111Dibb, spoke of the traffic and stated anything that is put on the corner of Sylvan and Wheaton Way will increase traffic. He stated that big trucks come down Solie and Dibb now to get on Wheaton Way and any business that is put in will increase the traffic tremendously. He also spoke of the covenants and stated everyone has to agree to removal of them. Commissioner Stewart read the covenants and explained that it only takes a majority vote to remove the covenants after 1967. Mr. Warren stated they have been promised many times that this area will not be rezoned commercial. He stated he feels a commercial zone would be detrimental to all the residents on Dibb St. because the traffic would be increased. William, Lewis, 1120 East 33rd, stated he wants. to keep the whole area residential; but if he were positive that the developers would put in something that is acceptable, he might consider it. Arlene West, 3313 Harkins Place, stated she lives directly across from the shopping center and she is awakened at all hours of the night and early morning by trucks making deliveries and a big vacuum sweeper cleaning the parking lot. She stated that if something low-key goes in, she does not see any problem and she is definitely for the rezone. Dorothy Hanson, 3308 Harkins Place, stated they have 25,000 cars going by their places every day and it is impossible to sell their houses unless someone will buy them for speculation. She spoke of the loss of the green belt and the dirt and noise that comes from Wheaton Way. Mrs. Buell read the second paragraph of the petition to rcmove the covenants: "we further support the zone change of {{arkins Place, Bremerton, Washington, from residential use to low-key commercial use as outlined by the Bremerton City Commissioners and Building and Planning Departments." She stated there will be a 6 ft. green belt around the development and Mr. Lewis will be better off than he is now. She stated Harkins Place is no longer fit for residential use. Commissioner Stewart asked Ms. Haberly if the area could be rezened contingent upon approval of a site plan and Ms. Haber]y stated site plan approval wouldb~! necessary and public hearings would have to be held at Planning Commission and City Council. She stated the applicants would have no vested rights. -5- CITY COMMISSIONERS' MINUTES September 12, 1978 Page six · Mr. Bennington, Port Orchard, stated he is interested in investing in Harkins Place provided it is rezoned. He stated that before anyone will put up a lot of money, assurance must be given that this area can be developed as commercial. Commissioner Stewart stated he wants some assurance that the neighbors will be protected and low-key businesses only will go on there. Darrell Harris, architect, stated he will prepare a pictoral to present to the City Council. Ken Attebery, Planning Director, stated that if the City Council is inclined to approve a B-2 rezone, a set of criteria can be prepared that the applicants can follow. Commissioner Stewart stated be wants the people in the area to be satisfied. Mrs. Buell suggested preparing a site plan, meeting with the neighbors and then coming back to City Council to present the site plan. Motion by Commissioners Stewart and Swanson to recess hearing until Oct. 10, 1978 at 10:30 A.M., carried. CITIZEN PARTICIPATION PLAN COMMITTEES Ken Attebery stated that for the Citizen Participation Plan for the Block Grant, an Interim Community-Wide Advisory Committee was established. Kay Wilson asked for a motion from the Commissioners authorizing membership on the committee from the Charleston/National area and the Smith area. A listing of committee members is on file in the Planning Dept. She stated that there are two primary purposes of the committee: (1) Whether such a committee should continue to oversee the Block Grant Program; and (2) To give policy regarding administration of the Program. Motion' by Commissioners Swanson and Stewart to approve names submitted for appointment to the committee, two from Charleston/National area, 2 from Smith area, 2 from the City as a whole and alternates as needed, carried. BILLS Motion by Commissioners Stewart and Swanson to give blanket appproval to vouchers 06285 thru 06387 inclusive in the amount of $217,854.19, audited by John Ross, carried. SUPPLEMENT NO. ] - Warren Ave. at 5th & Callow Ave. at Burwell Clerk read memo froin City Engineer, dated Sept. 7, 1978, which stated that a supplemental to the Municipal Agreement must be forwarded to the State Aid Office in order to properly finance the above projects, as the low bid is higher than appropriated construction dollars. Motion by Commissioners Swanson and Stewart to approve Supplement No. 1 and authorize Mayor and City Clerk to sign for the City, carried. CHANGE ORDER NO. 2, Reservoir #18 Clerk read memo from Water Superintendent, dated Sept. 11, 1978, requesting Change Order No. 2 on Reservoir #18 project. The memo stated that due to security measures, 140 ft. of chain link fencing is necessary. Motion by Commissioners Swanson and Stewart to approve Change Order No. 2 for 140 ft. of chain link fencing for Reservoir #18, carried. ORDINANCE NO. 3459 - Sleasman Clerk read, second reading, "AN ORDINANCE amending the Land Use Restrictions adopted by Ordinance No. 3036 as amended by Ordinance No. 3195 as they apply to the property described herein (Sleasman)". Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3459 on second reading, by title only, carried as follows: Ma~or Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE NO. 3460 - Record Keeping for Employment Applicants Clerk read, second reading, "AN ORDINANCE providing a procedure for record keeping for employment applicants and amending Ordinance No. 3447". Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3460 on second reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Swanson, Yes. -6- CITY COMMISSIONERS' MINUTES September 12, 1978 Page seven ORDINANCE NO. 3461 - Franchise Ordinance, Puget Sound Power & Light Clerk read, second reading, "AN ORDINANCE of the City of Bremerton granting unto Puget Sound. Power & Light Company, a Washington Corporation, its successors and assigns, hereinafter called the grantee, the right, privilege, authority and franchise to erect, construct, operate, maintain, repair, replace and remove electri~ transmission and distribution lines and appurtenances thereto, for the transmission, distribution and sale of electricity and other purposes, in, over, under, upon, along and across existing and future streets, boulevards, avenues, alleys and other public places within the present and futhre limits of the City of Bremerton". Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3461 on second reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST READING - Bremer Clerk read, first reading, !'AN ORDINANCE amending the use and area maps of Ordinance No. 1792, as amended (Bremer)." Motion by Commissioners Stewart and Swanson to approve ordinance on first reading, by title only, carried as lollows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST READING - Hackler Clerk read, first reading, "AN ORDINANCE amending the Land Use Restrictions adopted by Ordinance No. 3414, Section 1, Subsections 4 and 5 (Hacklet)." Motion by Commissioners Stewart and Swanson to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Swanson, Yes. SELF INSURANCE WORKMENS' COMPENSATION PROGRAM Clerk presented letter from the Dept. of Labor & Industries, dated Sept. 7, 1978, which stated that a surety bond ]n the amount of $1OO,OOO.OO must be acquired by the City and $IO0,OOO.00 must be established as a reserve fund. The letter stated that the department must receive proof of bond and reserve account not later than Sept. 26, 1978. Clerk statedtcopies of this letter will be distributed to the Commissioners. Motion by Commissioners Swanson and Stewart to accept recommendation for self- insurance program and instruct the City Attorney's office to prepare the necessary ordinance, carried. PROPOSED ORDINANCE COMBINING DANGEROUS BUILDING APPEAL BOARD WITH UBC APPEAL BOARD Motion by Commissioners Swanson and Stewart to instruct City Attorney to prepare an ordinance combining the Dangerous Building Appeal Board with the Uniform Buildiag Code Appeal Board which exists with the enactment of the 1976 Uniform Building Code and that the Board is and should be one and the same, carried. Meeting adjourned at 12:10 P-M. Kathleen L. Mandio, City Clerk Approved: Robert B. Stewart, Mayor Pro Temp -7-