HomeMy WebLinkAbout08/14/79 -- r~-~PPROVED MINUTES
31 1979
CITY COP~IISSIONERS' MEETING MINUTES
August 14, 1979 COUNCIL
[APE ~164 Regular meeting of the City Commissioners of the City of Bremerton, Washington,
(A) was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday,
August 14, 1979 at 9:05 A.M., with Mayor Jarstad presiding. Also present were
Commissioner Stewart, Commissioner Swanson, City Clerk Mandio, Assistant 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 7, 1979
.Motion by Mayor Jarstad and Commissioner Swanson to approve minutes as circulated,
carried unanimously.
SEPARATIONS
Vicki Beahm, Parks & Recreation, Summer Extra Labor, 7/27/79.
Donald Rye, Parks & Recreation, Playleader, 8/7/79.
John R. Feltenberger, Wastewater Treatment, Operator II, 8/10/79.
Roy F. Giroux, Wastewater Treatment, Operator II, 8/24/79.
Nixida McNeal, Accounting/Treasurer, Keypuncher, 8/17/79.
Gordon C. Acker, Building, Bldg. Insp. Trainee, 8/17/79.
Motion by Commissioners Swanson and Stewart to approve separations, carried
unanimously.
NOTICES OF EMPLOYMENT
Mark Carter, Water Distribution, Serviceman I, 7A, $5.71 per hr., 8/13/79.
David Jones, Water Distribution, Serviceman I, 7A, $5.71 per hr., 8/13/79.
Robert R. Pruett, Police Dept., Warrant Server, $5.08 per hr., 8/13/79.
Motion by Mayor Jarstad and Commissioner Stewart to approve notices of employ-
ment, carried unanimously.
CHANGE OF PAY STATUS
Sheila Anne Pullin, Parks & Recreation, Playleader, $4.00 per hr., 8/14/79.
Motion by Commissioners Stewart and Swanson to approve change of pay status,
carried unanimously.
PAYROLL VOUCHERS
Motion by Commissioners Stewart and Swanson to approve payroll vouchers: Claim
~, FICA and Bank Service Fees for payroll period 7/23/79 thru 8/5/79,
$7,806.77; and Salary Fund, Gross Payroll for same period, $201,899.82, audited
by Darlene Hermann in John Ross's absence, carried unanimously.
EMPLOYEES' RETIREMENT FUND
Motion by Commissioners Stewart and Swanson to approve employees' retirement fund
in the gross amount of $3,080.28, audited by Darlene Hermann, carried unanimously.
LEARN-TO-SWIM CLASSES
Mayor Jarstad announced that in September there will be 400 openings in the
"Learn To Swim" classes instead of 180. He stated registration will also be
held at Sheridan Park Community Building instead of at the pool.
CLAIM FOR DAMAGES
David J. Carlsen, $183.18. The claim stated a City dump truck passed his car
and threw a rock into the windshield, breaking it. Clerk stated the claim had
been sent to the City's insurance company.
LICENSE APPLICATIONS
Dance Hall: Fireman's Benefit & Welfare Dance to be held Sept. 21, 1979 at the
Sons of Norway Hall, approved by Capt. Cundiff for Chief of Police.
Motion by Mayor Jarstad and Commissioner Swanson to approve application for dance
~icense, carried unanimously.
CITY COMMISSIONERS' MINuFES
August 14, 1979
Page two
LICENSE APPLICATIONS continued)
Masseuse: Ruby Fuller, approved by Capt. Cundiff for Chief of Police. Clerk
stated she had her necessary State license and health certificate.
Motion by Mayor Jarstad and Commissioner Stewart to approve masseuse license
app~ation, carried unanimously.
CALL FOR BIDS - Air Conditioner for Courtroom & District Court #1 Offices
Clerk presented requisition from Municipal Court for one three-ton air condi-
tioner to air condition Courtroom and District Court #1 Offices. Discussion
followed regarding whether to air condition all of City Hall or just the up-
stairs and it was the consensus of the Council to have the City Engineer
prepare specifications to air condition just the upstairs and also the entire
City Hall. Jim Root, City Engineer, stated BOb Frisbie, Asst. City Engineer,
'is quite knowledgeable about air conditioning and they will have the specs
prepared shortly.
Mayor Jarstad left the meeting at 9:20 A.M. to attend a meeting with the
arbitrator regarding a settlement on the Police contract.
SIDING FOR MANETTE COMMUNITY BUILDING REMODELING
Clerk read letter from Bruce Construction Co., dated Aug. 7, 1979, requesting
a change in the specifications to use rough plywood without grooves instead
of rough plywood T-111 with grooves in order to match the existing siding; that
there will be no change in price. Clerk stated she had discussed it with Ray
Foley and he was in agreement with the change.
Motion by Commissioners Stewart and Swanson to approve change in siding as
state above, carried unanimously.
SIGNAL REPLACEMENT - 4th Street & Pacific Avenue
Clerk read memo from City Engineer, dated Aug. 10, 1979, attached to which was
an agreement which reinstates funding for the signal replacement at 4th St. and
Pacific Ave. The memo stated this project was dropped from one funding list
sometime ago and now has been reactivated on another.
Motion by Commissioners Swanson and Stewart to accept agreement and authorize
Mayor and City Clerk to sign for the City, carried unanimously.
Mayor Jarstad re-entered the meeting at this time.
INSTALLATION OF GATES ON PARK DRIVE AT EVERGREEN PARK
Clerk read memo from Parks Superintendent, dated Aug. 13, 1979, requesting per-
mission to install two pipe gates on Park Dr. at Evergreen Park. The memo
stated these gates will curtail the excessive number of cars driving through
the park, which is creating a safety hazard to park users as well as an annoyance
to residents on Park Dr. Discussion followed and Commissioner Swanson stated
it would have to be determined whether Park Dr. is a dedicated street.
Motion by Commissioner Swanson and Mayor Jarstad to have Police Dept., Parks
Dept. and Engineering Dept. review it and submit a written recommendation to
Council next week, carried unanimously.
BID AWARD - Water Works Materials
Clerk read memo from Water Superintendent, no date, which recommended that bids
for water works materials be awarded as follows: H.D. Fowler, Schedule I;
Pacific Water Works, Schedule X; U.S. Pipe & Foundry, Schedules III, V, XII,
IV & VI; Hinds Supply, II, VIII, XI, VII, IX & XIII.
Motion by Commissioners Swanson and Stewart to award bids as recommended by
~Superintendent, carried unanimously.
CETA SUBGRANT MODIFICATION NO. 03 (96-002-SPN B)
Clerk presented CETA Subgrant Modification No. 03 increasing Agreement No. 96-
O02-SPN B by $3,316.00.
Motion by Mayor Jarstad and Commissioner Swanson to approve CETA Subgrant Modifica-
~No. 03 as stated above, carried unanimously.
CITY COMMISSIONERS' MINUTES
August 14, 1979
Page three
ORDINANCE NO. 3543 - 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 Stewart and Swanson to pass Ordinance No. 3543, by
t3'3'{l~'only, carried as follows: Mayor Jarstad, Yes; Con~nissioner Stewart,
Yes, Commissioner Swanson, Yes.
ORDINANCE NO. 3544 - Flood Plain Management Program
Clerk read, second reading, "AN ORDINANCE adopting a Flood Plain Management
Program designed to minimize public and private damage due to periodic flooding
of lands adjacent to certain salt water and fresh water areas in Bremerton".
Motion by Commissioners Swanson and Stewart to pass Ordinance No. 3544, by
.t~"l~'~'only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart,
Yes, Commissioner Swanson, Yes.
BILLS
~n by Commissioners Stewart and Swanson to give blanket approval to
voucher 11740 inclusive in the amount of $29.99 and vouchers 11743 thru 11828
inclusive in the amount of $75,348.21, audited by Darlene Herrmann, carried
unanimously.
EVENING HEARINGS
Clerk announced that the Ryan Built Homes Rezone Hearing will be held tonight
in Council Chambers at 7:30 P.M.; Community Block Grant Hearing will be held
Aug. 21, 1979 at 7:00 P.M. at the Bremerton School Administration Bldg.; and
Bicycle Facilities Hearing will be held at 7:00 P.M. Aug. 29, 1979 in the
Council Chambers.
Meeting recessed from 9:45 A.M. until 10:10 A.M.
RODEO COURT
Cindy Frieboth, Cindy Reynolds and Sinda Parker, representing the 1979 Kitsap
County Fair & Rodeo, were present. They discussed the Fair and Rodeo and
invited everyone to attend. The Fair will be held Aug. 22nd through 26th
this year. They gave special thanks to the Bremerton Elks for sponsoring
the Rodeo Court.
HEARINGS - LID 323 (Edgewood Dr.}; Viewcrest Gardens Plat; Fitz Enterprises
Shoreline Management Substantial Development Permit; and Ryan Bull t
Homes Rezone
Motion by Mayor Jarstad and Commissioner Stewart to hold hearings in order
l~{~above, carried unanimously.
TAPE #164 LID 323 - Street Improvement, Edgewood Drive
(A) Clerk read memo from City Engineer, dated Aug. 10, 1979, submitting the
preliminary assessment roll for the Edgewood Dr. street improvement: Estimated
Project Cost - $7,826.00; True Value of L~nd - $41,600.00; 25% True Value of
Improvements ~ $34,940.00; and Back Taxes - $0. The memo stated that since
the cost of the project is less than the value of land and improvements, the
Local Improvement District can legally be formed.
ORDINANCE NO. 3545 - LID 323
Clerk read, "AN ORDINANCE providing for the improvement of Edgewood Drive".
Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3545, by title
onT, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes;
Commissioner Swanson, Yes.
TAPE #164 VIEWCREST GARDENS PLAT (Letter from Ward C. Muller)
(A) 14 Clerk read letter from Ward C. Muller, dated Aug. 9, 1979, which requested
that City Council reconsider condition #1 on the preliminary plat requiring
total off-street parking; release the applicants from this condition; and
release the letter of credit for $105,000.00 which was provided in lieu of
the parking lot construction. This letter is on file in the Planning Dept.
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CITY COMMISSIONERS' MINUTES
August 14, 1979
Page four
Ken Attebery, Planning Director, stated he feels it is legal for the City
Council to reconsider that condition; that a date for public hearing must
be set and it will have to be advertised and notification sent to residents.
Motion by Conxnissioners Stewart and Swanson to set public hearing for Tuesday,
X'~8, 1979 at 10:30 A.M., carried unanimously.
TAPE #164 FITZ ENTERPRISES SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT
(A) 160 Clerk stated the hearing had been advertised and posted as required by law.
She stated that no correspondence had been received.
Ken Attebery, Planning Director, stated the proposal is to construct a
1,100 sq. ft. addition and outside deck on the shoreward side of the Quarterdeck
. Restaurant at 2039 Wheaton Way. He discussed the proposal using a site plan
and presented the staff review.
Commissioner Stewart stated he owned property on Wheaton Way and asked if
anyone wanted him to step down due to a possible conflict of interests. No
one objected to his remaining and he did not step down.
Mr. Attebery stated the Shoreline Plan calls for enhanced public access direct
or visual and the proposal does enhance visual access to the water and does
not preclude physical access to the water side of the building. He stated that
approval was recommended with the following conditions: (1) The site shall be
developed essentially the same as shown in the Charles Gilman plan dated 5/24/79
and marked Exhibit "A"; (2) Construction activity including the removal, storage
and disposal of earth shall not disturb the natural bank or natural vegetation
to the SW of the construction site; (3) Prior to the issuance of a building
permit, the applicant shall provide plans for the collection and disposal of
storm water which will ensure that erosion, siltation and sedimentation will
not result nor cause damage to the natural shoreline slope or beach fronting
the site. Then plans must be approved by the City Engineer prior to issuance
of any building or site development permit; and (4) The applicant shall grant
a public access easement for pedestrians and non-motorized vehicles SW of the
development site for the restaurant addition approved in this permit from the
NW to SE property line of the parcel. The exact size, location and granting
of the public access easement shall be determined by the City and the owners
at a future date when a comprehensive waterfront access and trail plan is
developed and actual need for the easement is necessary to carry out the plan.
The location and size of the easement should be such that it will not be a signi-
ficant hinderance to the successful completion of the water access and trail
plan. This condition is binding on the present owners and all heirs, assigns,
and successors to the title of this parcel.
Discussion followed regarding access to the shoreline and Mr. Attebery explained
that the State pursues very actively access to the shoreline. Mr. McCluskey
stated that if there were plans to improve the bank at a future date, Mr. Fitz
could come back with the plan and request that the Council eliminate that restric-
tion.
Sam Fitz, 4101NW Erland Point Rd., discussed condition #4 and stated he did
not know if the existing tenant would be willing to give away the waterfront.
Mayor Jarstad explained that the City is trying to look at the future; that i f
a walkway ever is developed, this condition is just a commitment for the owner
tO negotiate how much waterfront would given for an easement.
Motion by Mayor Jarstad and Commissioner Swanson to approve Substantial Develop-
ment Permit with the conditions stated by Mr. Attebery and that condition #4
include the language" . The exact location, size (not to exceed 15 ft.)
and granting of the pubii~ access easement .". Under discussion: Commissioner
Stewart stated that the title is being clouded for something that will probably
never be used. Mr. Fitz wondered if he could cloud the title on a mortgaged piece
of property and Mr. McCluskey explained that the City is responsible, not Mr. Fitz.
Mr. McCluskey stated that if anything happened to the restaurant, that restriction
could always be removed. Question was called and motion carried unanimously.
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CITY COMMISSIONERS' MINuI'ES
August 14, 1979
Page five
BID OPENING - Asphalt Infra-Rad Heater
Moti on by Mayor Jarstad and Commissioner Swanson to open bids at this time,
carried unanimously.
Asphalt Infra-Red Heater:
Willard Equipment Ltd., $50.00 money order enclosed, $4,168.00.
Sahlberg Equipment Co., $50.00 cashier's check enclosed, $4,595.29.
Motion by Commissioners Swanson and Stewart to award bid to Willard Equipment
~s low bidder, carried unanimously.
COM~4ISSIONERS' REPORTS
Commissioner Stewart:
1. Discussed sprinkling rates and suggested the ordinance be changed to give
'sprinkling rates when the winter consumption rate is exceeded. He suggested
that when this occurs, industrial rates apply. Commissioner Swanson requested
a week to evaluate the different rates.
2. Stated he had a meeting with the City Attorney, president of Brem-Air and
their attorney, and a representative from the Health Dept. regarding the garbage
situation and clean up. He stated it was suggested that the penalty for non-
compliance to a warning from the Health Dept. to clean up garbage would be
resitution for the cost of the clean up. Mayor Jarstad stated that there should
be something in the ordinance that takes away their business license when garbage
is not cleaned up. Commissioner Swanson stated that in some cases, the Health
Dept. has the authority to close a business for unsanitary conditions.
3. Suggested that Commissioner Swanson be authorized to hire a programmer to
prepare the Equipment Rental Fund Computer PrOgram. Commissioner
Swanson stated he wil't contact Jack Moti.
Motion by Commissioners Stewart and Swanson to authorize Commissioner Swanson
to hire a programmer for the Equipment Rental Fund, carried unanimously.
4. Stated he had received a letter from Palmer Process Servers and they would
like to look at the City's operation; that they might be able to produce some
results for the City; that the company works on a commission basis.
Motion by Commissioners Swanson an d Stewart to talk to Palmer Process Servers
an"'~'d'a~k them to submit a proposal, carried unanimously.
Meeting recessed from 11:30 A.M. until 7:30 P.M.
TAPE #164 RYAN BUILT HOMES REZONE
(A) 1249 Motion by Mayor Jarstad and Commissioner Stewart to hold hearing at this time,
carried unanimously.
Clerk stated the hearing had been advertised, posted and letters of notification
mailed to residents as required by law. She read Planning Commission Resolution
No. 533 recommending approval with conditions. She stated 39 advisory ballots
were sent, 18 returned with 15 disagreeing and 3 agreeing.
Ken Attebery, Planning Director, stated the request is to rezone a parcel of
property 2.6 acres in size on the west side of Maple St. north of Ivy Rd. from
R-1 to R-2 in order to develop 40 units of multi-family housing, two and three
bedroom, two-story frame construction, HUD Section 8 assisted family housing.
He discussed land use in the area and reviewed the department comments. He
stated 60 parking stalls are provided; there are 38 two bedroom units and two
three-bedroom units; there are 15.2 units per acre. He went through the
conditions recommended by the Planning Commission one-by-one. He discussed the
traffic and stated the average daily traffic along Maple is 406 vehicular trips
per day.
Ed Rommens, 1324 Hollis, stated he is concerned about the adjacent property
being rezoned and another apartment complex being put in there. He also stated
that one access is not enough.
PROPONENTS:
Leonard Kruse, Vice-President of Ryan Built Homes and attorney for the applicants,
discussed the HUD proposal for subsidized housing in the Bremerton area and
sta~ed there is a need for financially assisted family housing in Bremerton.
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CITY COMMISSIONERS' MI~u~'ES
August 14, 1979
Page six
He gave the background of the project and went over the concerns of the
neighborhood. He stated he felt a 60 ft. setback is sufficient for a buffer;
that it is not necessary to have a 100 ft. setback. He stated they have
attempted to solve the neighbors concerns to the best of their ability. Mr.
McCluskey asked if Mr. Kruse felt they were under any coersion regarding the
60-ft. setback and Mr. Kruse indicated he did not. Mr. Kruse stated they had
no objection to any of the conditions.
Meeting recessed from 8:40 P.M. until 8:55 P.M.
Shirley Perry, 1248 Ivy Rd., asked about the applicants' contract with HUD
and stated she understood they had a 5-yr. contract; that the development
can be sold after 5 years. She stated they are very concerned that it might
be sold.
Michael Healy, Tacoma, explained the HUD Section 8 program and stated their
contract with HUD is for 30 years, and the project will have to remain a HUD
project for 30 years. He then explained eligibility for these units and
stated they have no idea of selling the development.
OPPONENTS:
Susan Brown, 1333 E. Hope, read letter from Gordon Duda opposing the rezone.
This letter is on file in the Planning Dept.
Doug Booth, 1332 E. Hope, discussed the background of rezonin9 in the View
Ridge Neighborhood and stated the neighborhood group recommended many times
that parcels of property be rezoned. He stated the View Ridge Plan was
recommended for approval by the Planning Commission and they have worked well
with the City Council for q3~years. He stated the rezone should be denied
because the project does not comply with the View Ridge Plan inasmuch as it
isn't 100 ft. back and the access is on Maple. He stated further that if it
is approved, they have lost both alternatives for that strip: the park and
single-family dwellings. He stated there are already 431 apartment units in
the area and they do not want to add to that. He then stated he was informed
that funding for the park on that strip is the #1 priority for 1980.
Art Manchester, 3926 Maple Ave., stated the traffic is heavy in that area now
and they don't need any more traffic.
Mrs. Matherly, 1311E. Hope, stated the traffic would be very dangerous to
the children in the neighborhood. She stated a few trees and shrubs are not
adequate for a buffer; that the density in the area is too high already.
Frank Bergsma, 1328 Bradley, stated that one of the things that attracted him
to this area was the buffer zone between residential and commercial. He stated
the buffer is serving a purpose by blocking out noise; that the people in this
community deserve the buffer zone. Mayor Jarstad explained that the owners had
a right to bulldoze that buffer zone down if they want to. He stated the City
hopes to keep the buffer there because it does shield the neighborhood from the
commercial zone.
Shirley Perry, 1228 Ivy Rd., discussed the traffic situation on Wheaton Way and
stated they did not want more traffic. She stated the neighborhood group has
asked for a recreational area in their neighborhood, but they still have not
gotten one. Mayor Jarstad pointed out all the parks and recreational areas on
the east side.
Leonard Kruse stated that a single family development would completely destroy
the buffer str~p along Maple, as would a park if it were developed there. He
stated he thought the idea of the strip was to leave a buffer and 60 ft. would
be adequate for that. He stated they have tried to answer all the concerns of
the neighborhood.
Susan Brown, 1333 E. Hope, stated the View Ridge Plan indicates that this project
is totally unacceptable. She asked that a decision be delayed regarding this
until the new comprehensive plan is adopted.
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CITY COMMISSIONERS' MINuI'ES
August 14, 1979
Page seven
Mrs. Matherly, 1311E. Hope, stated that if no open space is left, they will
never be able to build something that is better.
Commissioner Swanson asked if the applicant was willing to discuss a layout
leaving a hundred foot strip rather than sixty feet.
Tom Johnson, architect for the development, discussed the difference in the
plans and stated they tried to avoid many of the features shown in the plan
with the 100 ft. strip. He stated he felt that 60 ft. was as adequate as
100 ft. for a buffer. Commissioner Swanson asked if the applicants were
willing to spend a week or so thinking about it and Mr. Kruse stated they
have to respond to HUD by Aug. 31, 1979. He stated further that he feels
the plan presented today allows substantial buffers and he feels another
delay will not resolve any of the concerns mentioned today.
Mayor Jarstad discussed the traffic and stated a buffer zone should be main-
tained on Maple Ave.
Commissioner Stewart stated this is one of the nicer neighborhoods in the City
and there is already a big impact of multi-family units in the area.
Commissioner Swanson stated it appears that the developer has made a sincere
effort to come up with a reasonable buffer zone and he has a feeling this is
a better alternative than some of the things that could be built there.
Motion by Commissioner Stewart and Mayor Jarstad to de~ rezone from R-1 to
R-'T~'T'.Under discussion: Mayor Jarstad stated this is a very difficult decision
to make; that 50% of all living units in Bremerton are rental units and he does
not know where these people will locate. He stated the Housing Authority is
doing an excellent job in Bremerton; and he would like to see developers Get
better support within the neighborhoods. He stated further that 60 ft. is a
lot of property to give up for a buffer. Comnissioner Swanson stated that the
developer made an honest effort to come up with something of value for the
community. Mayor Jarstad stated that because of the overwhelming public
opposition, this was being turned down. Motion carried unanimously.
Meeting adjourned at 11:15 P.M,
Approved:
Glenn K. Jarstad, Mayor
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