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HomeMy WebLinkAbout08/28/79 UN~PROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES COUNCIL August 28, 1979 APPROV D ~[:p -., !n79 rAPE #165 Regular meeting of the City Commissioners of the City of Bremerton, Washington, (B) 1204 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, August 28, 1979 at 9:05 A.M., with Commissioner Stewart presiding. Also present were Commissioner Swanson, City Clerk Mandio, Asst. City Attorney McCluskey and representatives of the press and radio. Mayor Jarstad was absent. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Robert Merz of Peace Lutheran Church. MINUTES OF AUGUST 21, 1979 Motion by Commissioners Swanson and Stewart to approve minutes as circulated, carried unanimously. SEPAPJkTIONS Stephen C. Henderson, Street Dept., Extra Help, 8/24/79. Parks & Recreation: Mark Churchman, Jack Lidyard, Jeffrey ~oderberg, Randy Holliday, James Lindberg, Bruce Larson & Gary Mussman, Extra Labor, 8/20/79. Motion by. Commissioners Stewart and Swanson to approve separations, carried unanimously. NOTICE OF EMPLOYMENT Howard L. Christiansen, Treasurer, Extra Help, $7.50 per hr., 8/27/79. Motion by Commissioners Stewart and Swanson to approve notice of employment, carried unanimously. Chb~NGE OF PAY STATUS Betty Love, Office Asst. III, 5C, transfer from Treasurer/Accounting to Wastewater Treatment, no change in pay, 8/20/79. Fred Reinke, Water Distribution, Extra Help, $4.00 to $4.50 per hr., 9/3/79. Motion by Commissioners Swanson and Stewart to approve changes of pay status, carried unanimously. SELECTION OF NAME FOR STREET & INSTALLATION OF STREET LIGHT Clerk read letter from Thomas C. Tinsley, dated Aug. 24, 1979, requesting that a name be selected for a street that runs from Eastlake Dr. down to Pump Station No. 23. He suggested the following names: Lakewood, Lakeview and Cedarwood. The letter also requested that a street light be installed at the intersection of Lakehurst Dr. and the unnamed street. Discussion was held and Commissioner Swanson stated he would like the Engineering Dept, investigate to determine if the street does have a name and street signs have not been posted. He stated that if it does not have a name, a name should be coordinated with Planning, Fire, Police and CENCOM to make sure it is not duplicated. He requested that a written report be submitted to Council in two weeks. LEASE AGREEMENT - John Deere 570A Motor Grader Clerk read.~emo from Equipment Rental Supervisor, dated Aug. 27, 1979, attached to which was a rental agrement for John Deere 570A Motor Grader s/n 007401T for a period of 5 months. Clerk stated that B5% of the rental price will go toward the purchase price if the City decides to purchase it. Motion by Commissioners Swanson and Stewart to approve rental agreement for John Deere 570A Motor Grader, carried unanimously. CALL FOR BIDS - DO-A1 Spreader Clerk read memo from Equipment Rental Supervisor, dated Aug, 27, 1979, requesting permission to call for bids for one new or demonstration Hi-Way Do-A1 Spreader or equivalent. Motion by Commissioners Stewart and Swanson to approve bid call for one new or ~tration Hi-Way Do-A1 Spreader or equivalent, carried unanimously. CITY COMMISSIONERS' MINUTES August 28, 1979 Page two APPOINTMENT OF RUSSELL HEGLUND TO KITSAP REGIONAL LIBRARY BOARD OF TRUSTEES Clerk stated that Mayor Jarstad recommended that Russell Martin Neglund be appointed to fill the unexpired term of Paul Wilford, who has retired, and to one full term which will expire in 1984. Motion by Commissioners Stewart and Swanson to appoint Russell Martin Heglund to the Kitsap Regional Library Board of Trustees to fill unexpired term of Paul Wilford and one full term until 1984, carried unanimously. ONE-WAY TRAFFIC, 12th St. from Olympic to Naval Clerk read memo from City Engineer & Police Chief, dated Aug. 21, 1979, which recommended making 12th St. one-way east bound from Olympic to Naval; that most of the property owners are in favor of this proposal. Motion by Commissioners Swanson and Stewart that 12th St. be made one-way east boun~"from Olympic to Naval, carried unanimously. SUBLET REBUILDING OF ENGINE OUT OF 30-21 TROJAN LOADER Clerk read memo from Equipment Rental Supervisor, dated Aug. 23, 1979, which stated that due to the fact that both Loaders were down and parts for the old loader were not available, the engine out of 30-21 was sent to Courtwright Diesel to be rebuilt. The memo stated Courtwright Diesel estimated $500-$800 less than anyone else. Motion by Commissioners Swanson and Stewart to waive bid call due to emergency situat'ion and authorize payment of $3,250.63 to Courtwright Diesel, carried unanimously. GATES - EVERGREEN PARK Clerk read memo from Traffic Division, dated Aug. 21, 1979, which stated they concur in the recommendation to place gates on Park Dr. The memo suggested repositioning the gates' location so that Park Dr. still continues into the north parking lot for turn-around and the other gate be placed across the south end at the Sheldon Blvd./13th St. intersection, allowing both these streets access to turn around in the south lot near the fire drill tower. Discussion followed and Commissioner Swanson stated he felt it should be referred to the Fire Dept. for response. Motion by Commissioners Swanson and Stewart to approve placing gates on Park Dr. as stated above, subject to concurrence and possible modification by Fire Dept., carried unanimously. CHANGE ORDER NO. I - Highway Equipment Co., Inc. Clerk presented Change Order No. i from Hi9hway Equipment Co., Inc. for City's Truck Mounted Aerial Lift Specifications. Clerk stated there is no change in price. Motion by Commissioners Swanson and Stewart to approve Change Order No. 1, carried unanimously. ORDINANCE NO. 3546 - Kitsap Lake Area Clerk read, second reading, "AN ORDINANCE amending the use and area maps of Ordinance No. 1792 (Kitsap Lake Area)". Motion by Commissioners Swanson and Stewart to pass Ordinance No. 3546 on second ~g, by title only, carried as follows: Ma~Vor jarstad, Absent; Commissioner Stewart, Yes; Co~issioner Swanson, Yes. EVERGREEN POOL CONSULTANT Clerk read memo from Asst. City Engineer, dated Aug. 27, 1979, which stated the Engineering Dept. investigated various consultants to be used on the Evergreen Pool. The memo recommended that the City enter into a Services Agreement with Don L. Carey to review the existing condition of the Evergreen Pool and to sub- sequently have him make recommendations with supporting cost back-up. Motion by Commissioners Swanson and Stewart to waive bid call and contract with Don L. Carey for professional services to review existing condition of the Evergreen Pool, subject to approval of City Attorney's office, carried unanimously. BILLS Mo"6Tf~n by Commissioners Stewart and Swanson to give blanket approval to vouchers 11939, 11941 thru 11943 inclusive in the amount of $7,731.16 and vouchers 11947 thru 12038 inclusive in the amount of $67,185.12, EXCEPT voucher 11962 in the amount of $94.77 (ITT Grinnell), audited by Darlene Herrmann, carried unanimously. CITY COMMISSIONERS' MINUTES August 28, 1979 Page three POLICE ARBITRATION Commissioner Stewart discussed the settlement of the Police contract and stated he would like to pay the police officers their retroactive pay for the first 5 months of the year. He stated he has been in contact with the arbitrator and the Police Association. Motion by Commissioners Stewart and Swanson to pay retroactive pay to police officers for the first 5 months of the year, carried unanimously. WARRANTS Commissioner Stewart stated that a lady who lives in Port Orchard was issued a warrant for parking violations; she called Municipal Court and was told to pay it by Friday and it would cost $30.00. He stated when she tried to P~k~ it, she was told they couldn't take her money. A lengthy discussion followed and it was explained that Mr. Jandzinskt would be present at 10:00 to answer any allega- tions. Meeting recessed from 9:30 A.M. until 10:~5 A.M. WARRANTS Mr. ~zinski, Municipal Court, tried to explain that his office was unable to take the money because the warrants had not been entered in the computer yet. He stated that if Commissioner Stewart had waited until Friday, every- thing would have been entered in the computer and there would have been no problem; that Commissioner Stewart acted prematurely. Commissioner Stewart stated that when the Mayor is out of town, he is in charge and the Court office is to answer to him. He stated he would like to be in charge of the Court office; that things like this would not happen. He stated it is a shabby way to treat the public; that they should have taken her money. Mr. Jandzinski again tried to explain that the warrants had to be indexed in the computer and he and his staff are now ready. After considerable discussion, he informed Mr. Jandzinski that the Treasurer's office will take payment for warrants in the future. PUBLIC RECOGNITION Dean Blount, representing Pacific Realty, requested a continuance of the hearing scheduled at 10:30 A.M. He stated they are in the process of negotiations with Brem-Air to change their collection schedule; and they would like all three members of the Council to be present for the decision, He was informed that his request should be presented at 10:30 A.M. when the hearing is scheduled. COMMISSIONERS' REPORTS Commissioner Swanson: Discussed repairs of City vehicles and equipment and stated the Equipment Rental Supervisor has recommended that the procedures be changed to contract out some of the work due to lack of staff. He stated it appears that the cost effective way is to let some of the garages in town handle some of the repairs. Motion by Commissioners Stewart and Swanson to have City Attorney's office research and amend ordinance so that work can be done in the private sector on City vehicles, carried unanimously. Meeting recessed from 10:25 A.M. until 10:30 A.M. HEARINGS - Pacific Realty Change in LUR and Viewcrest Gardens Plat Motion by Commissioners Stewart and Swanson to hold hearings in order listed above, carried unanimously. TAPE #165 PACIFIC REALTY CHANGE IN LAND USE RESTRICTIONS (B) 1750 Clerk read letter from Leonard Kruse, dated Aug, 28, 1979, which recommended approval of change in land use restrictions, This letter is on.file in the Planning Dept. Ken Attebery, Planning Director, presented memo dated Aug. 16, 1979, recommending the following conditions if it is approved; {1) The site shall be developed essentially the same as the site plan presented and marked "Site.Plan A" except as need be modified to meet the following conditions, The use and design of the -3- CITY COMMISSIONERS' MINUTES August 28, 1979 Page four portion marked "For Future Development" shall require site plan and use approval from the Planning Commission and City Council; (2) As suggested by the City Engineer one-way traffic flow shall be established around the principle structure and exit should be marked to allow only right turns to 6th St.; (3} A six-ft. solid masonry wall is to be erected along the entire south property line; {4) All outdoor lighting shall be directed away from residential areas and shall be of reasonable height to not unnecessarily dis- turb residential areas; (5} A screen fence of not less than four ft. shall be erected along the west property line except where it may interfere with pedestrian or vehicular safety; {6} Existing vegetation as shown on the site plan shall be retained and integrated into the site development; {7} At the time of the development of the eastern portion of the site, the western por- tion shall be cleared, leveled to a safe condition and a dustless surface treatment shall be established. He stated the City Engineer recqmmended that if in the near future it should be determined by the City Engineer that traffic movements onto 6th St. from Church's new facility become a problem, Church's agrees to reimburse the City for the cost of installing a median strip to con- trol the traffic entering onto 6th St. PROPONENTS: Dean Blount requested a continuance until all Council members can be present. He stated they are also negotiating with Brem-Air to try and get their col- lection schedule changed. Commissioner Stewart stated he will not deny anyone a chance to give testimony. Ralph Erickson, Box 790, Bremerton, stated he owns property on Naval Ave. abutting a fried chicken establishment and none of the residents have ever complained of noise or odor. He stated he serves on a committee to create new jobs for the unemployed and Church's Fried Chicken would employ many of these individuals. He stated further that the visual appearance of the area will be improved if this is approved. OPPONENTS: Bob Olmsted, 2136 5th St., stated he lives by Colonel Sanders and he objects to the noise and the odor. He stated he is opposed to Church's Fried Chicken going in because he has not received any definite commitments regarding the property. He asked if he would have any recourse if the conditions were not complied with and Commissioner Swanson explained that the plans are reviewed and if the conditions are not complied with, the City can deny occupancy. Dave Townsend, 2130 5th St., stated he lives directly behind the proposed con- struction. He stated the applicants talked to the neighbors individually, but they never did get a meeting together. He stated they are against Church's Fried Chicken going in there; they are not against commercial activity. He stated they object to additional traffic, noise and odor. He stated further they feel this particular type of business is unsuitable for this area. He discussed "C" curbing and stated if it is installed, all the traffic will go through their residential neighborhood. In closing he stated that if this is approved, the property owners should receive some compensation. Tom Hestand, 2124 5th St., stated his parents have lived there for 25 years and they are concerned about selling their property. He stated they will not be able to receive a fair market value for their home if another fast-food establishment is constructed. He stated no one is opposed to conm~ercial, but this proposal interferes with people's personal property rights. Mrs. Sisk, 811 Hayward, stated she has never seen where good conx~ercial property will devaluate residential property with proper restrictions. Richard Evans, representing Church's Fried Chicken, stated they can comply with all the suggestions of the Planning Dept. He stated a six-ft. high solid masonry wall will be erected; their establishment will close between 10:30 and 11:00 P.M.; their filter system will eliminate most of the odor and it is cleaned every day. -4- CITY COMMISSIONERS' MINUTES August 28, 1979 Page five Commissioner Swanson asked if liquor will be served and Mr. Evans replied no. Herb Loop, 1901 Mountain View Dr. East, stated that personal property rights are important; that they are discussing Mr. Hajek's property rights today. Gerald Lyman, President of Park Shore Real Estate, stated his company prides itself in the type of development in which they are involved; they are con- cerned with their reputation and they feel this is a good plan and will be an asset to Bremerton. Trudie Hestand, 2124 5th St., stated they have no objection to Mr. Hajek's having a business; they are objecting to a fast-food establishment. She dis- cussed noise and traffic and stated the residents have already asked Brem-Air to change their pickup schedule, but it has not been changed. Commissioner Stewart requested that any complaints regardin9 garbage be brought to him and he will see what can be done. Dave Townsend, 2130 5th St., stated he is in favor of commercial activity and any reasonable office with hours from 8:00 A.M. to 5:00 P.M. would be accept- able. Motion by Commissioners Stewart and Swanson to postpone decision until 7:00 P.M. ~day, Sept. 5, 1979, in the Council Chambers, carried unanimously. Meeting recessed from 11:15 A.M. until 11:25 A.M. TAPE ~165 VIEWCREST GARDENS PLAT (B) 2483 Clerk stated the hearing had been posted, advertised and letters of notification mailed as required by law. She stated no correspondence has been received. Bob Frisbie, Asst. City Attorney, stated that if the requirement for additional off-street parking is removed, a 20-ft. right-of-way for access of emergency vehicles must be maintained. He stated that using parking as it is now, the 20 feet can be maintained. Commissioner Swanson stated there is sufficient parking available at the present time. He stated the areas which were laid out for parking lots should be held in reservation for open space and play areas. He stated he does not think it is realistic of the City to require that much parking for this area. Motion by Commissioners Swanson and Stewart to remove condition ~1 to provide off-street parking for the Viewcrest Gardens Plat, that it be left open for play areas and a 20-ft. R/W be maintained. Under discussion: Ward Mullet, 217 Sidney Ave., Port Orchard, questioned leaving the area open and Mr. McCluskey explained that this restriction will prevent the homeowners from developing that land in another manner. Motion carried unanimously. CONSULTANT FOR BLOCK GRANT PARK & RECREATION IMPROVEMENTS Clerk read memo from Planning Director, dated Aug. 28, 1979, which recommended that the City enter into a contract with ORB to undertake design work and development of plans, specifications and cost estimates for improvements to Forest Ridge Park and the former Smith School site. Motion by Commissioners Swanson and Stewart to approve selection of ORB and authorize Parks and Planning Departments to proceed with the development of a scope of work and contract negotiation, carried unanimously. EVERGREEN PARK IMPROVEMENTS Clerk read memo from Plannin9 Director, dated Aug. 28, 1979, which requested that the Parks and Planning Deparim~ents be authorized to proceed with the Ever- green Park Study at the same time as the Forest Ridge improvement. Motion by Commissioners Swanson and Stewart to have Evergreen Park Improvements Stu'~'run concurrently with Forest Ridge Park Improvements, carried unanimously. -5- CITY COMMISSIONERS' MINUTES August 28, 1979 Page six NOISE Commissioner Stewart discussed the noise level at the Briarcliff and stated he would like to see the Council do something to protect people from noise. Commissioner Swanson stated he would have Walt Alloway do some research and take some noise readings with the decible meter to determine how bad it is. He stated he will also discuss it with Chief Devery to see if he wants some of his staff trained in the use of the decible meter. ALTERATIONS TO KCAP BUILDING Clerk read letter from KCAP, dated Aug. 28, 1979, requesting permission to make minor alterations to the KCAP Building in order to better accommodate the needs of their program. Commissioner Swanson asked that this letter be referred to him. Meeting recessed from 11:45 A.M. until 7:00 P.M., Wednesday, Aug. 29, 1979. TAPE #166 BICYCLE FACILITIES HEARING (A) Recessed meeting was called to order at 7:05 P.M., Wednesday, Aug. 29, 1979, with Commissioner Swanson representing the City of Bremerton and Commissioner Mahan representing Kitsap County. Also present was City Clerk Mandio. Clerk stated the meeting was requested by the Kitsap Bicycle Club and interested citizens concerned about the progress of bicycle facilities in B~emerton and Kitsap County. She stated a call was received from Mrs. Tessier, representing 400 Parkwood East homeowners, who would like to see a bike route between Park- wood East and the new Olympic High School. She stated no further correspondence was received. Commissioner Stewart entered the meetinq at this time, Testimony was taken from the audience and numerous persons testified regarding bicycle facilities. The main concerns were: {1) Providing adequate space for bicyclists; (2) Safety of bicyclists from vehicular traffic; (3) Bicycle storage; (4) Adequate signs indicating bicycle routes; and (5) Recognition of the bicycle as an alternative to the car, Discussion was held regarding setting aside ½ of 1% of motor vehicle funds for bicycle paths. Commissioner Mahan stated the County has been setting this aside and there is approximately $19,000.00 at the present time. It was the consensus of Commissioners Stewart and Swanson that this money should be set aside from the City. A petition was presented in favor of adequate bicycle facilities and is on file in the City Clerk's office. Complete documentation is on file in the Clerk's office. Co~nissioner Stewart suggested forming a conmlittee to work with the City and the County. Dr. Gordon asked that Commissioner Stewart and Co~issioner Mahan act as liaisons for the City and County and both aqreed. It was agreed that anyone interested would help with signs and painting stripes for the bicycle paths. Meeting adjourned at 9:~0 P.M. ['. ~ City Clerk Man io, Approved: Robert B. Stewart, Mayor Pro Tempore -6-