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HomeMy WebLinkAbout10/20/81 Tape ' CC. lL 'siae 2 APPROVED ~2036 OCT 2 '7 1981 OC~OB~ 20, 1981 Regular meeting of the City Conutlissioners of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, October 20, 1981 at 9:05 A.M. with Mayor Glen Jarstad presiding. Also present were Commissioners Tom Swanson and Bob Stewart, City Clerk Kathleen Manclio and City Attorney Terry McCluskey. Also present were members of the press and radio. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Ray Jennings of the Hillcrest Assembly. MINUTES OF OCTOBER 13, 1981 ~6! by Mayor Jarstad and Commissiener Stewart to accept the minutes of October 13, 1981 as presented, carried unanimously. Change of Pay Status ~{R~l~l'~R~G~'~'~2'l~puter Operator, Data Processing, 6C to 6D, $7.15 ~o $7.36 per hr., effective 10-13-81 Michael McKinley, Firefighter to Firefighter-Prevention, Fire Dept., $8.24 to $11.58 per hr. Jeffrey Chills, Firefighter, 1st yr. to 2nd yr., Fire Dept., $7.10 per hr. to $7.51, effective Anothony Mocre, Water Dept., Service Specialist II to Welder 12A, 9~ to 12A, $8.21 to $9.52 per hr., effective 10-16-81 Report of Separation Lori P. Pursley, Parks & Rec., Seasonal Tennis Instructor, terminated ef~'ectlve 10-15-81, end of temporary employment. Motion by Mayor Jarstad and Commissioner Stewart, to approve the Change of Pay Status and Report of Separation, as presented~ carried unanimously. Claim For Damages - Enid Bean CfGP~[~6iCi'CU~K='SNG~f~Gii'C'FGNort had been received from Dan Nobel, Pool Manager regarding Mrs. Eean's claim. It was reported that all efforts bad been made to contact members of the swila team who were present ah the time the watch was given out inadvertently, but to no avail. Discussion followed, and it was felt that the City should assume the respensibility in this instance and reimburse Mrs. Scan for her loss. Marion by Fi3yor Jarstad and Commissioner Stewart ho have the City assume li. abilith~ in this loss and make restitution to Mrs. Bean, carried unanimously, Claim For DamaGes - April D. Ablitt ~S~i NizS~6~{S~i"OTEiS;~U~i'SNS~}iF'Sn behalf of April n. Ab]itt in the amount of 6550.00 for damages sustained due to sewage backup on October 6, 1981. This is pending department report and will be for'warded to the insurance company for handling. Claim For Damages - Violet C. Muth ~l'6fS'preS~S~'~i'~'S'~ DSNS~8~"on behalf of Violet C. Muth in the amount of $120.58 for damages sustained due to sewage backup on Oct. 6, 1981. This is pending department report and will be forwarded to the insurance company for handling. Claim For Damages - Mrs. Deone F. Bell Clerk presented Claim for Damages on behalf of Mrs. Bell_ in the amount of $15.75 for damages sustained due to a flooded bath room. This is ',, pending department report and will be forwarded to insurance company for handling. City Conm~issioners Meeting October 20, ]981 Page Two 1982 Preliminary Budget Clerk read memo from City Treasurer listing adjustments to the 1982 preliminary budget. Commissioner Stewart stated that not all departments had responded with their input by the 15th, and it was felt these changes were necessary to adjust the budget and bring it into balance. The total budget adjustment figure was $1,375,365 and is on file in the clerk's office. Motion by Con~nissioners Stewart and Swanson to accept the preliminary budget as proposed by the City 2275 Treasurer, carried unanimously. Letter from R. Mussman Re Leyde"No Transport" Bills Clerk read letter from R. Mussman re Leyde "No Transport" bills. Discussion followed regarding SOPs and areas of responsibility of paying for the charges iu question. Mr. Mussman stated he would contact Mr. Kruse, and inquire into his position of charging a fee for his services as an arbitrator in this matter, and would report back te 2469 council next week. 9:30 A.M. PUBLIC RECOGNITION F~llYgHK~PZ~/'si~g~i~'i[6 constructing a residence at Kitsap Lake andswould like to hookup to the city's sewer line. He stated the line had previously been constructed by the city and he had been quoted a hookup charge of $3500. He asked the council if he could arrange for a schedule of payments over a 3 - 4 year period. Con~issioner Stewart stated they had received a legal opinion regarding the City loaning money for this type of project last week from the City Attorney who had indicated it was not legal but he wanted to check with other cities to see how they handle this matter. Commissioner Stewart stated that he wanted to charge the rate of 18% interest, with no propayment penalty, with financing at another source as soon as possible. Motion by Commissioners Stewart and Swanson to approve the request for funding a lateral sewer hookut~ at a n~!J.mimu~ interest rate o~ 18% ~ a five yr ~ri~nc prc-pa~n penalty, and Mr. Fray to obtain financing at another source as soon as 2648 possible, with the approval of the City Attorney, carried unanimously. ~r_y__Lj~_/fon__g, stated she feels the City has gone into the loan business based on the above decision. She stated she had been reading more infor- mation on the Grand Theater in the paper and had a call into Jim Sells laPe but he had not yet returned her call She also questj. oned whether or 233 ' not the Audit Report f~om the State Auditor would be made public prior ~ide 1 to November 3. Clerk stated that she had requested an early release. 0003 John Ramage, 1315 Hellis, discussed his concern over the Winmar appeal suit that the City has initiated. Mayor Jarstad gave some background 400 information on this subject. He expressed his oppositiou to the suit. Bill Amo, 238 Willow, read an open letter directed to Mayor Jarstad and Commissioner Swanson regarding the lawsuit on the Winmar decision. He expressed his opposition to the suit. Wanda Mosbarger, 3910 Valley Drive, stated she was in support of the ~l]~9's ~G~ft"i'g~ on the appeal and that she supported the move to re- develop the downtown area of Bremerton, that it would be beneficial to all of Bremertol~, not just the downtown district. Motion ~, Com~ssioner St~artto~/kawthe Suit'diel for la~k of a second. BIDS - Marlowe/wheaton Way Property ~l'{S"l~'~'i~aring, $35. ~'per month kr withdrew his bid because of the change in lease time. Glen Voc odt, Mr. Vockrodt had bid $55.00 per month for the one year lease period. Commissioner Swanson s'tated that there would be some changes made to the highway in that area within a short period of time and he expressed concern in entering into a contract until further studies had been completed. Mr. Jim Lamb, Kitsap TimeSharing, stated he was concerued over the bid p~S~B ..... stated he hoped they would not have to go through that again. and Motion by Commissioner Stewart and Mayor Jarstad to postpone awarding [~{'~'[id for two weeks, to allow time for further study and recommendation: carried unanimously. City Colmmissioners Meeting October 20, 1981 Page Three BID OPENINGS CONTINUED Reservoir No. 8 Welk Bros. Metal Products, inc. - Bid Bond - #t - $358,369.00 ~2 - no bid Pacific Tank &.Const. Corp. - Bid Bond - #1 - $299,250.00 #2 - no bid Chicago Bridge & Iron Co. - Bid Bond - #1 - no bid #2 - $458,430.00 Maltby Tank & Barge - Bid Bond #1 - $357,129.80 #2 - $391,812.80 Pittsburgh-Des Moines Corp. - Bid Bond - #1 - $344,211.00 #2 - no bid Reliable Steel Fabricators, inc. Bid Bond - #1 no bid #2 $368,730.00 Motion by Conunissioners Swanson and Stewart to refer the bids to the proper departs. ent for reconm~endation to council next week, carried unanimously. 10:20 A.M. - Mayor Jarshad excused himself from the meeting for a previous appointment. WIN~R ~ presented for information purposes, a Motion and Order To Show Cause in Winmar vs City. ALTA FACILITIES SPECS FEE ~'~rk discussed the ~6~libility of returning the spec fee charge of $10.00 to persons who had obtained specs for this project. The City had pulled the bids and would be re-advertising for this project. Motion by Commissioners Stewart and Swanson to refund the $10.00 spec- ification fee to bidders as the Ci{y pulled the bid eall, carried unani- mous ly. RE-BID OF AIR CONDITIONING ~i"~lXgH{S~K[lF[S'Processing requesting a re-bid with minor modifications to the original specs and the addition of four contractors to be contacted. Motion by Commissioners Stewart and Swanson to approve the re-bid of the N~ndi~ioning for Data Processing, carried unan- imously. FIRE VEBICLE Gary Heath repon-ted to Council that $1980.40 had been spent in repairs and maintenance for the present fire vehicle. It was his opinion that they could keep it in running order with minimal cost. RESOLUTION RE PUMP STATION REPAIRS - RESOLUTION NO.1911 Clerk read A RESOLUTION declaring an emergency and authorizing purchase of replacement parts for sewer pump at Lift Station No. 25. Motion by Commissioners Stewart and Swanson to pass the Resolution as presented, carried unanimously. PAYROLL - WAR~NT REGISTERS ~'~ Commissioners Stewart and Swanson to approve Warrant Register ~'- ~27054 in the amount of $121,789.43; Special Warrant Register ~269t5 ~26919 in the amount of $25,127.08; Retirement Fund for October in the gross amount of $3011.98; FICA Claim in the amount of $9221.60 and Payroll Claim for the period ending 10/11/81 in the amount of $207,278.71, audited by Bob Dantini, carried unanimously. City Commissioners Meeting October 20, 1981 Page Four SEATTLE REALTY REZONE Clerk read memo from Ken Attebery, stating he had been notified by Seattle Realty that they wish to modify the site plan and uses for their proposed development at Shorewood and Kitsap Way. At present this hearing has been scheduled for November 5th at 7 P.M. and notices have been sent. At this time they were requesting an opportunity to resubmit their site plan and reschedule their hearing. Discussion followed regarding cost of publications and mailings and also that tile Planning Commission should have some recomnendation to make to Council regarding the changes submitted. Motion by Conmli. ssioners Stewart and Swanson to cancel the sced~d hearing for November 5th; to refer the applicant to the Planning Coxmission for thoir recommendations on the modified proposed site plan; that the applicant assume all additional fees and costs involved with the mail- ings and postings as required, carried unanimously. SMALL FAMILY RENTAL PROPERTY REHABILITATION DEMONSTRATION PROGRAM ~i~?['~a]~6"[F6~h Donley regarding the City of Bremerton being selected to participate in the Federal Department of Housing and C]rban Development's Small Multi-Family Rental Property Rehabilitation Demonstration Program. Under this program Bremerton would receive an award up to $135,000 in Section 312 3% housing rehabilitation loan funds and $100,512 in Section 8 rental subsidy certificates. The purpose of the award is to help the City implement the multi-family rental rehabilitation portion of tile City's Community Development Block Grant Program. Attached was a Memo of Understanding for the Mayor's signature which had been approved by the City Attorney's office. Due to the time schedu].ed :for hearings, Mr. Griek gave his presentation later on in the meeting. 10:35 to 10:45 - RECESS L075 t0:45 - HEARING - $. H. Hansen Rehearing Cle~'~E~[~3~~UKF"~'~'K"N. oK[i~K~ion of the hearing of last week and there was no new correspondence. Ken Attebery stated he had given his presentation on behalf of the applicant last week, but that the applicant was present this week for further questions from ttne Council. ~K2~_G_eiGo~n~._}j~e_~, applicant, stated he agreed with all conditions of the rezone and variances, with some exception to that referenced on curbs, gutters, and sidewalks. He stated at the present time there were no improvements in the area of this kind, and he requested that he be allowed to wait until such time as the City, or LID action, made these improvements, and then he would participate in whatever manner was required of him. Commissioners Swanson and Stewart felt that this would be appropriate. Marian Prater, 4350 SE Horstman Rd., Port Orchard, adjacent property to the west of the property in question, stated that part of her property was on the low side of the 35% grade and she was concerned about the storm water drain and siltation problems that would arise due to construction. She stated they would not be willing to grant an easement over their property for the storm water drain as she felt this would lower the value of their land. Discussion followed and Mr. Hartsen stated he would take care of the matter, possibly with another adjacent land owner. Motion by Commissioners Swanson and Stewart to approve the application for fezone with recommendations by the Planning Commission as well as a convenant requiring curbs, gutters and sidewalks if and when the City determines it to be in their best interest to install these, at the appticant's expense; City Commissioners Meeting October 20, 1981 Page Pive HANSEN REZONE CONDITIONS CONTINUED: a. This fezone is subject to the various requirements contained in the Bremerton Area Plan, the Bremerton Zoning Ordinance, tile Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions coI~tained therein. b. The site shall be developed essentially the same as the site plan labeled Exhibit "B" except as modified to meet conditions of approval listed herein. c. Any changes, revisions or additions which constitute a significant. departure from the approved site plan shall require approval of the Planning Commission and City Council. d. The development shall be limited to six (6) units. e. Consideration shall be given to energy-saving building orienhation and design. f. The developer shall apply for and receive a Variance from Front Yard Requiements to allow parking in the front yard setback, consis- tent with Section ].308 of the Zoning Ordinance. g. Prior to the issuance of any grading permits the developer shall: i. Obtain the approval of the Engineering Department for proposed control oF siltation and sedimentation during and after construction. 2. Obtain and dedicate to tile City a 15-foot easement across neigh- boring property to allow storm water to be piped to the existing tention pond west of the site. h. Prior to tile issuance of any building permits the developer shall submit and obtain approval of responsible City departments for a site plan which includes: (1) PrOvisions of parking areas as follows: a. Provide 1.5 on-site parking spaces per one-bedroom unit, and 2.0 on-site spaces per two-or three-bedroom units; or b. Provide 1.5 on-site parking spaces per unit and provide an additional .5 spaces per two or three-bedroom units by paving the west shoulder of Constitution Avenue (including necessary fill) tzo Engineering Department standards. (2) Provision of at least two (2) secure bicycle parking facilities for residents. (3) Provisions of landscaping as follows: (a) Between the parking area and the easterly lot line: 1. Evergreen and deciduous trees, with no more than 30 percent being deciduous, a minimum of 6 feet in height above s~reet grade, and planted at intervals of no greater than 20 feet on center. 2. Shrubs, a minimum of 3~s feet in height and other plant materials, planted so that the ground will be covered within three years. City Commissioners Meeting October 20, 1981 Page Six HANSEN REZONE CONDITIONS CONTINUED: (b) Between the building and the westerly lot line an area no less than 10 feet wide planted as followw: (1) Evergreen and deciduous trees, with no more than 50% being deciduous, a minimum of 6' in height, and planted at intervals no greater than 30' on center, and (2) Shrubs, a minimum of 3~' in height, and living ground cover planted so that the ground will be covered within three years. 4. Provision of a 20 foot wide driveway consistent with Fire Depart- ment requirements. I. Prior to the issuance of an occupancy permit the developer she31: 1. Install a pump station to transport the site's effluent to th~ sanitary sewer if required by the City Engineer. All capital, maintenance and operation costs of said pump station shall be the sole responsibility of the property owner. 2. Construct and pave the alley to Engineering Department standards. 3. Construct a storm water outfall to the rentention pond to Engineering Department standards. ~. Construct and provide a direct hookup to a new manhole to the sewer system according to Engineering Department requirements. 5. Providea six foot sight obscurring fence along the north property line except in that area within 15 feet of Constitution where such fence shall not exceed three feet above the level of the adjacent driveway. carried, unanimously. ll:00 A.M. ELWOOD LARSEN-HEARTNSTONE HEARING '1384 Clerk stated that this hearing had been properly posted and advertised according to law. There was no further correspondence received concern- ing this hearing. Ken Attebery, Planning Director, stated that the first issue to come before the City Council to be considered was the proposed amendment to Bremerton's Shoreline Plan to change the shoreline environment des- ignation on a portion of Oyster Bay from Urban Residential to Urban Commercial. The property is located ou Oyster Bay, adjacent to the West of the Heathstone Motel Annex. Mr. Attebery gave highlights to the council regarding the shoreline plan as it related to designation of urban residential and urban commercial. Larry Paulson, attorney representing Mr. & Mrs. Shank, spoke with reference to letters on file from Mr. U1]ock and Mr. Templeton and their concern over the seriousness of tlne sewer system in that area. Ron Templeton, attorney representing Joe Mentor, questioned the compliance ~Ith all sta~e and federal agencies approval concerning the request for change in designation from urban residential to urban commercial. Discussion followed regarding SEPA compliance and Statutory req ~irements for notice to other agencies. Mr. Templeton discussed ecoP~omic'impact and use of other reports available. Mr. Attebery explained that tile re is flexibility in the procedures. That they use a systematic inter- disciplinary approach. Mr. Attebery and Mr. Paulson discussed Findings of Fact ~1 and #11 regarding existing designation and expansion of existing business areas. City Commissioners Meeting October 20, 1981 Page Seven LARSEN -HEARTHSTONE HEARING CONTINUED Elizabeth Uhl'F'~i'Gl]l[~ap Way, state~ her concerns over the request to change the Shoreline designation to urban commercial and expressed her concern that it may open other areas of waterfront to commercial use. Mr. Gawenka skated his feelings regarding spills into the water from the boating public as well as the possible sewage spills. James Shank, 4604 Kitsap Way, stated he owns property adjacent to the Ryan property and he was concerned about the increase in traffic that will be generated by this project. Mary Lou Long, spoke about her feelings on I'spot" zoning and its relation to the BAP. ~9~e~?jSntor, 8567 Tracyton Bird., stated he felt this project was as close to residential area as the Briarcliff, and that this should be' considered all one complex. Motion by Commissioners Stewart and Swanson to approve the request 2452 ~U~'c~ange in Shoreline Plan Environment Designation South Side of Oyster Bay Adjacent to Kitsap Way and Lower Oyster Bay Drive; Urban Residential to Urban Cowsercial, carried unanimously. 12:10 P.M. - 12:15 RECESS 2500 LARSEN - HEARTHSTONE SHORELINE SUBSTANTIAL DEVELOPMENT PEt~iIT HEARING Clerk stated that this had been properiy posted and advertised accord- ing to law. Ken Attebery, Planning Disactor, stated this was a request fl}r a Shoreline Substantial Development Permit for the purpose of con- structinga 44-unit motel and restaurant west of and adjacent to, the ezisting Hearthstone Motel Annex on property located on the north side of Kltsap Way west of Oyster Bay B!vd. and east of Lower Oyster Bay Road. There would be constructed a four-story, 40 unit motel witb lape storage and pool in the basement and one-story restaurant with surface ~33 and two-levels of parking below grade; the existing single-family resident to remain. It was the recommendation of the Planning Con~,ission ~ide ~ to recom~end approval of this Permit. '007 Cha~A~!~921, Architect representing Mr. Barsen, stated one of the considerations given this project was to retain as much of the natera]. setting and growth as possible and they were accepting all require- merits set forth by the Planning Conm~ission. Larry Ilaulson, Attorney representing the Shanks, again stated the ~66~?~i~T~R'is clients, that this over-building would over-lead the present sewer system in the Oyster Bay area. Commissioners Stewart and Swanson addressed tbe questions raised over the sewer system and assured him that changes were to be made in the near future to upgrade the present system Commissioner Swanson also stated that a supplemental generator was to be purchased and installed at this Pump location. John Bishop, Attorney representing Mr. Larsen, addressed the council on '[['SI3'~Nystem impact, increased traffic and the feeling of concern the Hearthstone has in remaining a "good neighbor" in the area. Ron Templeton, Attorney representing Joe Mentor, stated he did not feel '[K~"SLuncil has had sufficient time to consider the impact of the advisory report. He again addressed the noise problems, sewer problems and vations other city/county/state and federal requirements as it related to this request. City Conmissioners Meeting October 20, 1981 Page Eight I,ARSEN - HEARTHSTONE SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT ttEARING 12:45 P.M. - MAYOR JARSTAD RETURNED TO THE MEETING 865 Mrs. Elizabeth Uhl, 4610 Kitsap Way, was concerned over the fact that ~[s project was encroaching on the waterfront and did not want this to be an indication of co~T~ercializing on the waterfront at Oyster Bay. 992 Motion by Conm~issioners Stewart and Swanson to approve the request T6l"~'Shoreline Substantial Development Permit with provision that construction shald not commence until such time as emergency backup power generator has been provided to sanitary sewer pmnp station #13, mn addition to PlenSing Department recommendations, carried unanimously. SMALL FAMILY RENTAL PROPERTY REHABILITATION DEMONSTRATION PROGRAM Mr. Harold Griek, Director of Housing Authority of the City of Bremerton, stated this grant was awarded for the fourth year of a four year program started in 1979 and all of the funds could be utilized for this project. Mayor Jarstad stated that this was an award grant for Small Family Rental Housing and that we had been in competition for the award and commended Colleen for her efforts. Motion by Commissioner Stewart and Mayor jarstad to accept the model program funding for the fourth year of a four year program, carried unanimously. REQUEST EOR CALL FOR BIDS FOR MATERIALS & SERVICES FOR THE YEAR 1982 ~"p~'~'~-~'~R~f~i~on from the Purchasing Department requesting council approval to call for bids for various maherials and services to be rendered for the year 1982. Me%ion by Commissioner Stewart and Mayor Jarstad to approve the bl~'&'t requisition for various materials and services as presented, carried unanimously. ORDINANCE RE GROUP RESIDENTIAL FACILITY DEFINITIONS ~Y~P~"~'~d~"'~Y~F~'rea~ng, AN ORDINANCE amending sections of Ordinance No. 1792 to provide for group residential facility use in the Bremerton Zoning Ordinance. Motion by Conm~issioner Stewart and Mayor Jars tad to approve on first reading, carried as follows: Mayor 1454 Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. COMMISSIONERS REPORTS: ~D7~i~ioner Stewart discussed a proposed change in the City Charter to i. ncrease the number of commissioners to four and one mayor, for a total commission of five members. He stated that both he and Commissioner Swanson had received much community input indicating they were desirous of change, but were more in slapport of a commission form of government rather than a nine-person part-time commission. He said the City of Portland has had a five-man conmission for many years and has found this to be highly successful. He said he would like to proceed on this proposal as rapidly as possible, seeking legal advice from the City Attorney and Municipal Research and get this change on the balllot to the public as soon as possible. 540 Conm~issioner Swanson indicated be had received public input in support of a commission form of government over a part-time nine-person repre- sentation, that a conmlission form was more responsive to the needs of tlne citizens. Motion by Commissioners Stewart and Swanson to propose a chaDge in the ~rty Charter, to raise the conunission to four commissioners and one mayor, to obtain all legal assistance required, and have this a ballot proposition to the public as soon as possible, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. City Comm~issioners Meeting October 20, 1981 Page Nine Meeting adjourned at 1:20 P.M. KAT}JLEEN L. MANDIO, City Clerk APPROVE