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HomeMy WebLinkAbout09/04/79 NAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES September 4, 1979 TAPE #166 Regular meeting of the City Commissioners of the City of Bremerton, Washington, (B) 542 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, September 4, 1979 at 9:.05 A.M., with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Swanson, City Clerk Mandio, Asst. City Attorney McCluskey and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Mayor Jarstad, MINUTES OF AUGUST 28, 1979 M6t~on' by 'Mayo'~a~'s~a'd ~nd Commissioner Swanson to approve minutes as circulated, carried unanimously. AMENDMENT TO MINUTES OF AUGUST 7~ 1979 Mayor 'Jarstad' reques'ted t'h~t the minutes of August 7, 1979 be amended to read that he left the meeting at 10:-05 A.M. to attend an arbitration meeting in Seattle. SEPARATIONS Randy FAntz, Water Office (Outside), Engineer Aide II, 9/4/79. Brian Barnes, Accounting/Treasurer, Extra Help, 8/3/79. Dan Ritzman, Engineering, Extra Help, 8/31/79. Connie Berry, Engineering, Extra Help, 8/31/79. Gwen Snyder, Engineering, Extra Help, 8/30/79. Susan Leavell, Executive, Extra Help, 8/28/79. Motion by Mayor Jarstad and Commissioner Swanson to approve separations, carried ~ously. CHANGES OF PAY STATUS Donald R. Cund~ff, Police Dept., Administrative Captain, $1896.13 to $1884.64 + longevity + $70.00 per mo.,. 9/3/79. Joseph Shoemaker, Police Dept., Administrative Captain, $1896.13 to $1884.64 + longevity + $70.00 per mo., 9/3/79. Robert Duffy, Planning Dept., Planning Assistant, $7.02 to $7.22 per hr., lOB to 10C, 9/9/79. Eugene Scales, Water Supply, Extra Help, $4.00 to $4.50 per hr., 9/3/79. Ken Donleycott, Water Distribution, Serviceman II 9C to 9D, $6.81 to $7.02 per hr., 9/3/79. Motion by Mayor Jarstad and Commissioner Swanson to approve changes of pay status, carried unanimously. PAYROLL VOUCHERS Motion by Mayor Jarstad and Commissioner Swanson to approve payroll vouchers as follows: Claims Fund, FICA and Bank Service Fees for payroll period Aug. 5 thru Aug. 19, 1979, $8,236.76 and for payroll period Aug. 28, 1979, $2,104.04; Salary Fund for payro~ll period Aug. 5 thru Aug. 19, 1979, gross payroll $244 ~88.28 and payroll period Aug. 28, 1979, $78,328.17, audited by John Ross, carried unanimously. SURPLUS EQUIPMENT Clerk read memo from Equipment Rental Supervisor, dated Aug. 29, 1979, requesting that 1971 Chevrolet station wagon, D16869, be declared surplus and disposed of in the best interest of the City. Motion by Commissioners Swanson and Stewart to declare 1971 Chevrolet station wagon, D16869, vehicle no. 4-2, surplus and dispose of in the best interest of the City, carried unanimously. SURPLUS MATERIAL Clerk read memo from Water Superintendent, dated Aug. 29, 1979, which stated the following items are surplus: (1) Underwood Manual Typewriter, Serial No. 6933728, (1) Underwood Adding Machine, Serial No. 975709 and (4) Pipe Locators. Motion by Commissioner Swanson and Mayor Jarstad to declare above items surplus and ~'~-spose of in the best interest of the City, carried unanimously. CITY COMMISSIONERS' MINUTES September 4, 1979 Page two DISPOSAL OF SCRAP METAL Clerk read memo from Water Superintendent, dated Aug. 29, 1979, which stated the Water Dept. has used pipe and fittings that are good only for scrap; that authorization is requested to declare material surplus and dispose of in the best interest of the City. Motion by Commissioners Swanson and Stewart to declare scrap material surplus and dispose of in the best interest of the City, carried unanimously. SCOTT WETZEL SERVICES Clerk reported that the City's contract with Scott Wetzel expires Sept. 30, 1979, but will continue indefinitely unless 60 days notice given; that price is $700.00 per quarter up to 40 claims per year and $75.00 per claim there- after. She stated the City has had 21 claims since insuring and Scott Wetzel will continue the contract at the same rate of compensation. She stated the loss ratio is 14.36% as of June, 1979 and a complete report on compensation history for one year will be received shortly. Motion by Commissioner Stewart and Mayor Jarstad to continue contract with Scott Wetzel Services for at least one more year. Under discussion: Commissioner Stewart stated many union employees were opposed to the self-insurance, but the City is saving money. He stated he feels this was a smart move. Motion carried unanimously. KITSAP REGIONAL LIBRARY (Bremerton Branch) Clerk read letter from Mary Margaret Ramey, dated Aug. 29, 1979, which asked if the City has contracted for fuel oil deliveries and maintenance of the fur- nace at the Bremerton Branch Library; whether the City will continue with Service Fuel. The letter suggested that the furnace be serviced before it is turned on for the winter and asked who should be called in case of problems with the furnace. Discussion followed and it was the consensus of the Commissioners to continue using Service Fuels for oil deliveries and maintenance. Ms. Mandio asked if the Commissioners would like the possibility of baseboard heaters to be evaluated for the basement and it was decided to ask Dave Patmon to check on this. HUMANE SOCIETY 1980 BUDGET Clerk read letter from Kitsap County Humane Society Board of Directors, dated Sept. 1, 1979, attached to which was proposed 1980 budget for the Humane Society. She stated the budget for 1979 totaled $54,754.14 and the 1980 budget totals $60 282.48, a $6,400.00 increase. Commissioner Stewart stated the increase totals approximately 10.2%. Clerk stated a new contract would be prepared and presented to Council. NAMING OF STREET THAT RUNS FROM EASTLAKE DR. TO PUMP STATION NO. 23 Jim Root, City Engineer, reported that the street running from Eastlake Dr. to Pump Station No. 23 is unnamed; that it is a looped street. He stated there is no street light at the intersection of LaKehurst Dr. and the unnamed street and in all probability, there should be one placed there. He recommended that the Planning Dept. or Engineering Dept. poll the residents for recommended names for the street and pass the information onto the Fire Dept., Police Dept., CENCOM and any other departments who might be interested. Motion by Mayor Jarstad and Commissioner Swanson to route through the Engineering Dept. for recommendations, carried unanimously. TRANSFER OF MEADOWDALE WELL WATER RIGHTS clerk read memo '{rom Water Superintendent, dated Aug. 31, 1979, attached to which was a transfer of water rights for the Meadowdale Well. Motion by Commissioner Swanson and Mayor Jarstad to accept transfer of water rights for Meadowdale Well and authorize Mayor and City Clerk to sign for the City, carried unanimously. ALTERATIONS TO KCAP BUILDING Commissioner Swanson reported that he sees no problem to the minor alterations requested by KCAP. Motion by Commissioners Swanson and Stewart to grant KCAP authorization to make minor alterations as stated in their letter of Aug. 28, 1979, carried unanimously. -2- CITY COMMISSIONERS' MINUTES September 4, 1979 Page three AGREEMENT - Police Officers' Association & City of Bremerton Clerk' presented agreement between the City and the~olice '~¥ficers' Association for the year 1979. Motion by Commissioner Stewart and Mayor Jarstad to approve ratification of agreement, carried unanimously. STATEMENT OF ASSURANCES - General Revenue Sharing. Clerk presented Statement of Assurances for General Revenue Sharing. She explained this was an assurance that the mandatory requirements of the State and Local Fiscal Assistance Act of 1972 will be complied with by the City. Motion by Mayor Jarstad and Commissioner Stewart to approve Statement of Assurances and authorize Mayor and City Clerk to sign for the City, carried unanimously. RESOLUTION NO. 1822 - Dubos Water Easement Vacation Clerk read,"A RESOLUTION setting out the date, time and place for a public hearing on Jacques A. Dubos Water Easement Vacation for September 25, 1979 at 10:30 A.M. in the City Council Chambers, City Hall, Bremerton, WA". Motion by Mayor Jarstad and Commissioner Stewart to pass Resolution No. 1822, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. BILLS Motion by Mayor Jarstad and Commissioner Swanson to give ~lanket approval to vouchers 12047 thru 12137 inclusive in the amount of $130,~89.82, audited by John Ross, carried as follows:. Mayor Jarstad, Yes; Commissioner Stewart, Abstain, due to a minute interest in ITT Grinnell; Commissioner Swanson, Yes. Motion by Commissioners Stewart and Swanson to give blanket approval to vouchers 12030 12042 and 12043 inclusive in the amount of $20,169.54, audited by John Ross,'carried unanimously. Motion by Mayor Jarstad and Commissioner Swanson to give blanket approval to voucher 11962 in the amount of $94.77, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Abstain, due to a minute interest in ITT Grinnell; Commis- sioner Swanson, Yes. KITSAP DAY CARE CENTER - Finishing of One Room in Basement Clerk read letter from Kitsap Day Care Center, dated Sept. 4, 1979, requesting permission to finish one room in the basement of the Kitsap Day Care Center for use in the Before-and-After School care program. The letter stated the funding for this project will come from a time certificate which the Association has saved for use in furnishing the Center. Discussion followed and Commissioner Swanson requested that the letter be referred to him for evaluation. VALLEY CEMENT CONSTRUCTION CO. - Escrow Funds Clerk read letter from V'a'lley Cement Construction Co., dated Aug. 27, 1979, which designated Rainier Bank in Auburn as the repository for the escrow of funds from the Warren Avenue, 15th to 16th St. project. Motion by Commissioner Stewart and Mayor Jarstad to approve designation of Rainier Bank in Auburn as repository for escrow of funds, carried unanimously. Meeting recessed from 9:45 A.M. until 10:00 A.M. COMMISSIONERS' REPORTS Commissioner Stewart: 1. Discussed funding for a bicycle route and stated he feels the law is manda- tory to set aside ½ of 1% of motor vehicle funds for bicycle paths; that the County feels it is mandatory also. He stated the County has $19,000.00 set aside in their fund and he feels the City should set up a similar fund. Motion by Commissioner Stewart and Mayor Jarstad to set up fund for bicycle paths and put money in the fund each year. Under discussion: Commissioner Swanson stated he is not in favor of committing these funds when it is needed in other areas; that maintaining streets should have more priority than bicycle paths. He stated he is more than willing to put up signs and establish the necessary -3- CITY COMMISSIONERS' MINUTES September 4, 1979 Page four striping for a bicycle route. Commissioner Stewart stated this was.a very small amount of money; that $1500.00 is not very much money. He stated he feels it is mandatory that this money be set aside. Mr. McCluskey stated that several attorneys have reviewed this and they all feel it is not manda- tory; but once the funds are set aside, the City is obligated to continue setting it aside from then on. He asked if Commissioner Stewart is talking about setting the funds aside this year or next year. Jim Root, City Engineer, stated a bike route does not have to be paint Striped; all that is required is to have it signed. He stated further he believes a bike trail has to striped. He discussed the bike route in Winslow and Bainbridge Island and stated the bicyclists furnished the signs and put them up throughout Bainbridge Island. He suggested this could be done in Bremerton. He stated he will check with DOT and find out if there are grant funds available which will provide signs but not the labor. Commissioner Stewart stated the bicyclists have agreed to put the signs up and work to establish bicycle routes. He stated this is such a small amount of money that is being discussed. Commissioner Swanson stated he is not willing to commit even $1500.00 from the Street Dept. budget that can be better used for street maintenance. Mayor Jarstad suggested that this amount be set up in the 1980 budget and Commissioner Stewart withdrew his motion and Mayor Jarstad withdrew his second. Motion by Mayor Jarstad and Commissioner Stewart that the establishment of a line item relating to the allocation of bicycle paths according to State law be discussed for the 1980 budget, carried unanimously. 2. Discussed parking for police officers on graveyard shift and stated he would like to have a list of individuals working and their license numbers and hours they are parking in the underground garage. He stated some people are taking two parking stalls and he wants to have some control over who parks in that garage. He stated further that everyone who parks there at night should have his car removed by 7:00 A.M. Motion by Commissioner Stewart and Mayor Jarstad to get list of individuals, license numbers and shifts they are working of everyone parking in the under- ground garage at night. Under discussion: Commissioner Stewart stated that reserve officers can also use the underground garage on weekends while they are on duty. Motion carried unanimously. Mayor Jarstad: Stated he had a very enjoyable ten days at the ocean fishing. REALIGNMENT OF EXPENDITURES WITHIN THE GENERAL FUND Clerk read memo from City Treasurer, dated Aug. 28, 1979, which recommended that the realignment of expenditures within the General Fund for 1979 be approved. A list of the realignment is on file in the Clerk's office. Pete Davies, City Treasurer, presented the realignment of expenditures and stated all the department heads were very cooperative and he is gratified with the interest and expertise shown by the department heads regarding the budget. Motion by Commissioner Stewart and Mayor Jarstad to approve realignment of expenditures within the General Fund for 1979. Under discussion: Commissioner Swanson stated the Street Dept. has asked for some adjustments; that they have cut down drastically. Mr. Davies agreed that the Street Dept. budget definitely needs a transfusion and there is another item of business to take care of that deficit. Jim Root, City Engineer, stated he had asked for a total increase of $11,500.00 for the Engineering budget and this was not taken into considera- tion as far as the realignment is concerned. He stated further it would be necessary for him to request funds from the general fund for professional services and other items. Commissioner Swanson stated these are areas that cannot be cut back that much. Mr. Davies stated that he was unaware that there were disagreements regarding the realignment; that a decision should be postponed until these adjustments can be worked out. Commissioner Stewart withdrew his motion and Mayor Jarstad withdrew his second. -4- CITY COMMISSIONERS' MINUTES September 4, 1979 Page five ORDINANCE, FIRST READING - Levying Municipal Taxes for 1979 Clerk read, first reading, "AN ORDINANCL of the City of Bremerton levying municipal taxes against all the taxable property within the City limits of Bremerton for the year 1979 and approving the assessment roll made by the Assessor of Kitsap County, therefore, to be collected in the year 1980". Motion by Mayor Jarstad and Commissioner Stewart to approve ordinance on first read'i~g, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. LEE'S SAUNA APPEAL Clerk announced that a hearing had been scheduled regarding an appeal of license revocation from Lee's Sauna at this time. She stated she had not received written notice canceling the hearing; however, the attorney for Lee's Sauna had contacted the City Attorney and requested cancellation of the hearing pending the outcome of several court proceedings. EMERGENCY MEDICAL SERVICES INITIATIVE Mayor Jarstad stated that if the 'E~e~gency Medical ~Services Initiative i~ not put on the ballot as a County-wide issue, he would like to see it done for the City of Bremerton. He stated the City would be able to pay the Fire Dept. share of CENCOM and paramedic salaries from this tax. He requested that the City Attorney's office prepare the necessary ordinance and that the City Clerk determine the deadline date for submission on the November ballot. SWI~IING POOL MULTI-PURPOSE CENTER Mayor Jarstad stated the compl'e~on of the Swimming Pool Multi-Purpose Center and other Park Dept. recreation funding needs will be discussed in more detail next week. CROSSWALK - Burwell St. between Wgshin~ton & Pacific Clerk read letter from Eugene Olson regarding the crosswalk from Penny's to the Leader Barber Shop. He suggested painting "Crosswalk" on the street just before the crosswalk to make drivers aware of the pedestrian crossing. Discussion fol- lowed and Commissioner Swanson requested that it be referred to the City Engineer for investigation. Mayor Jarstad stated that whatever is done at this crosswalk will have to be done at other crosswalks in the City; that all crosswalks must be uniform. Mr. Root that there are many mid-block crosswalks in the City that are not legal. He stated that at least two meter heads should be removed by the downtown library because there isn't a 20-ft. clearance between the crosswalk and the end of the nearest parked vehicle. Commissioner Stewart requested that any recommendation be referred to the Police Dept. before being brought to Council. Commissioner Swanson stated he would like to postpone any action regarding the crosswalk until he meets with the City Engineer. Meeting recessed from 10:50 A.M. until 11:00 A.M. BID OPENING Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, carried unanimously. Painting of Two (2) Reservoirs: Evergreen State Painters, Inc., cashier's check enclosed, $27,309.18. Coastal Coatings, bid bond enclosed, $53,916.30. Motion by Commissioners Stewart and Swanson to award bid to Evergreen State Painters, Inc., as low bidder, providing bid meets all specifications, carried unanimously. CLAIM FOR DAMAGES Randd~ph E. Hathaway, amount unknown at this time. Claim states he suffered temporary and permanent disability, violation of civil rights, humiliation, embarrassment, mental and physical pain and suffering in an undetermined amount. She stated the claim would be referred to the insurance company. Meeting recessed from 11:05 A.M. until 7:00 P.M., Sept. 5, 1979. -5- CITY COMMISSIONERS' MINUTES September 4, 1979 Page six Recessed City Commissioners' Meeting was called to order at 7:05 P.M. by Mayor Jarstad. Also in attendance were Commissioner Stewart~ Commissioner Swanson, City Clerk Mandio and Asst. City Attorney McCluskey. TAPE #166 PACIFIC REALTY CHANGE IN LAND USE RESTRICTIONS DECISION (B) 1546 Motion by Mayor Jarstad and Commissioner Swanson to hold hearing at this time, carried unanimously. Clerk read letter from Robert Olmstead, dated Aug. 28~ 1979, recommending that the request for Change in LUR Restrictions be approvea providing a 6-ft. solid masonry fence will be erected along the south property line. She then read memo from Planning Director, dated Sept. 5, 1979, which recommended that 11:00 P.M. be mandated as the closing time for Church's Fried Chicken if the request is approved; she read letter from Brem-Air, dated Aug. 30, 1979, regarding garbage pickup at the site and stating they will make an effort to reschedule the time of pickup so as to disturb the residents in the surrounding area as little as possible. She presented a petition in favor of the request signed by 66 indivi- duals (most did not live in the neighborhood). PROPONENTS: Dean Blount, Unlimited Planning Services representing the applicant, discussed Church's Fried Chicken and stated approximately 15 persons would be employed; that their average sales are about $400,000.00 per year. Richard Evans, Vice-President of Pacific Chicken, 7621 Rainier Avenue South, Seattle, stated his company has the franchise for Church's and this site was picked because of the residential area~ that this site met the criteria required by Church's. He pointed out the area for future development and stated a taco operation would be put in next to Church's. He explained there will be one way in and one way out with angle parking. He stated further there will be drive- through windows on both establishments. Dean Blount explained that there will be asolidmasonry fence built to the south; exits will be signed "no left turn" to prevent left turns onto 6th St. He dis- cussed the concerns of the neighborhood at length and stated the property will be posted with "no trespassing" signs after closing hours (10:00 or 11:00 P.M.); that a physical barrier will be erected to prevent vehicular access after hours; and there will not be a loudspeaker system. He stated the proposed lighting is low level and no light will be directed off the site. He stated further there should be no objectionable odor because the system is cleaned frequently. He stated that Church's is willing to dedicate 6 ft. of R/W at such time as a left-turn lane is required to handle the traffic on 6th St. He recognized that the neighbor's concerns are very well founded and stated he believes Church's has gone to every reasonable measure to alleviate their concerns. Ken Attebery, Planning Director, stated the applicant has been very cooperative in attempting to take a look at the impact the proposed uses will have on 6th St. He discussed the recommendation of the Planning Commission to deny the application and stated one of the chief concerns of the Planning Commission was the higher traffic generator on the property. He stated the proposal for a taco establishment will generate more traffic also. Jim Root, City Engineer, discussed traffic counts on 6th St. and stated traffic averages approximately 20~00 trips each day on 6th. He stated that if both Church's Fried Chicken and the taco establishment are put in, a "C" curb would be necessary to block left-hand turns. OPPONENTS: Charles Young, 2127 5th St., stated one-way streets don't work; that cars are always going the wrong way. Mayor Jarstad requested that this be brought to the Police Department's attention. Dave Townsend, 2130 5th St., stated he lives directly behind the proposal and is representing the neighborhood. He presented a petition signed by 36 residents -6- CITY COMMISSIONERS' MINUTES September 4 1979 Page seven asking that the change in LUR be denied. He presented pictures of Church's Fried Chicken in Tacoma, letters from individuals living close to Church's in Tacoma and pointed out where each person who signed the petition lived. He went through the concerns of the neighborhood one-by-one and stated Mr. Blount's recommendations to their concerns were not adequate. He stated they are not against Church's itself; they do not want another fast-food establish- ment in their neighborhood. He recommended several locations for Church's in Bremerton and stated the neighbors are totally opposed to this proposal. Tom Hestand, 2124 5th St., discussed property rights and the devaluation of property when it is surrounded by commercial. He presented a copy of an appraisal of a home in Tacoma and stated the value of it was decreased because it was so close to commercial property. Meeting recessed from 8:15 P.M. until 8:25 P.M. Richard Hanson, 2132 5th St., stated they are adamant in their desire to keep fast-food establishments out of their neighborhood. Paul Zelinski, 5508 Kean St., stated he did not think Church's or any other establishment would be detrimental to the neighborhood; that this proposal would clean 6th St. up and would bring in more revenue for the City. Diane Robinson, 1101Kitsap Way, discussed the signatures on the petition in favor of the proposal and stated this was an emotional presentation by the residents. She stated she feels this is strictly an objection to change. Leo Brott, 3025 Olympic, stated Ms. Robinson by-passed many of the residents with her petition. Ralph Erickson, Box 790, stated he is promoting jobs and Church's will provide jobs for many in the food-service field. He discussed secondary employment market and stated businesses of this nature accomplish the goals of employin§ secondary labor. Curtis Allen, 2123 5th St., discussed litter from fast-food establishments and stated he does not want any more litter in his neighborhood. He stated some other business would be more beneficial to the neighborhood. Richard Evans stated that Church's is probably one of the cleanest fast-food opera- tions in the Nation; that the areas are policed daily and they even go off their property to clean up. Dean Blount stated they had set up a meeting with the residents to discuss their concerns and only Mr. Townsend attended from the neighborhood. He stated he feels Pacific Realty has bent over backwards to show that they will be good neighbors. He urged the City Council to approve their request. Mayor Jarstad closed the public testimony. He stated this is a very difficult decision to make. He stated the City does not like to see very strong traffic corridors built along the residential streets. He discussed traffic and the effect it has on residential neighborhoods. He stated a low traffic generating business would be acceptable on this site because it would not create the problems a fast-food establishment would. He stated further that traffic will not diminish. Commissioner Swanson stated that revenue from this type of business probably does not offset the added cost of the fifth laning which will ultimately be needed on 6th St. He stated the rights of property owners should be protected; that the neighbors have an honest interest what goes next door to them. Commissioner Stewart stated that both sides did a good job presenting their views and he commended them on the presentations. -7- CITY COMMISSIONERS' MINUTES September 4, 1979 Page eight Mayor Jarstad stated he does not like the idea of curbing 6th St. He stated there are businesses that do not require the amount of turning movements that a fast-food establishment does and he feels a low traffic generating business is what should go on this site. Motion by Mayor Jarstad and Commissioner Swanson to deny application for change in land use restrictions, due to the strong opposition of the neighbors and the Planning Commission's unanimous recommendation for denial, carried unanimously. Meeting adjourned at 9:00 P.M. KATH[EEN L. MANDIO, City Clerk Approved: GLENN K. JARSTAD,"M~yor - -8-