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HomeMy WebLinkAbout12/22/81 ",'~lle 2,I2 Side 1 CITY COMMISSIONERS ' MEETING DECEMBER 22, 1981 Regular meeting Of the City Commissioners of the City of Bremerton, Washington, was held iu the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, December 22, 1981 at 9:05 a.m., with Mayor Glenn Jarstad presiding. Also present were Commissioners Bob Stewart and Tom Swanson, City Clerk Kathleen Mandio and Assistant City Attorney Jim Sells. Also present were members of the prOss and radio. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Mayor Jarstad. MINUTES'OF DECEMBER15,-1981 ~bn~ Mayor Jarstad and'Commissioner SteWart to approve the ~inutes of December 15, 1981 as presented, carried unanimously. NOTICES OF EMPLOYMENT; CHANGE OF PAY STATUS REQUESTS; SEPARATIONS Alvin Arthur Villwock, Mechanical/Plumbing Inspector, Building Depart- ment, $10.70 per hr., temporary one year, effective 12/28/81, termin- ation 12/27/82 Jackie Rae Lince, Temporary Help -~ Jailer, Police Department, $7.08 per hr., effective 12-8-81 Elaine C. Henderson, Office Assistant Sr., Clerks Department, 5C to 5D $6.74 to $6.94 per hr., effective 12-25-81 Charlene Jo Christiansen, Extra Labor-Relief Guard, Parks and Rec. Depart- ment, $3.85 to $3.95 per hr., effective 12-21-81 Darlene Roozen, Extra Help, terminated 12/31/81, end of temporary employ- ment George B. Allen, Plumbing/Mechanic Inspector, 12/16/81, termination due to end of 30 day employment Vickie Frances Hoyt, Extra Help, Equipment Rental, 12/31/81, terminated due to end of position Leroy Kinke, Extra Help, General Facilities, 12/31/81, end of employment James Mannahan, Firefighter, Fire Dept., terminated 12/18/81 Motion by Commissioner Stewart and Mayor Jarstad to approve the Notices of Employment, Change of Pay Requests and Separations as presented, carried unanimously. 0450 KCAP LETTER RE USE OF THE BUILDING FOR BINGO Clerk read letter from Larry Eyer, Executive Director of KCAP, requesting City support and permission to hold Bingo Games in the Smith Building as a means of fund raising. Mr. Eyer had discussed this proposal with Ray Foley so that they could coordinate other Park & Rec. activities at the building. The Bingo is scheduled to begin March, 1982. Commissioner Stewart asked Mr. Eyer if KCAP would take over again, the screening process for handicapped bus pass applicants. Mr. Eyer stated he would talk to KPHTA regarding their position of charging the City for this service as well as discuss the situation with his staff and report back to the City. Motion by Colmmissioners Stewart and Swanson to approve the request for Bingo contingent on KCAP accepting again ~he screening process for handicapped bus pass applicants. Motion ek cenended~yCommissioner~ ~q~lrkson & Stewart toset off for one we for further discussion, carried unanimously. LIMIT OF LIABILITY INSURANCE Clerk read letter from the cities insurance company regarding the limits of liability under Policy GP 22102, stating we have a $3 million limita- tion. This is on file in the clerks office. City Commissioners Meeting December 22, 1981 Page Two SEWER SERVICE CON~CTS WITH THE NAVY ~'Z~rk ~'6i~'6j's~cr service contracts for council action, as they pertain to certain naval facilities. Discussion followed and Commissioner Swanson asked that they be held for one week for further study. BUSINESS LICENSE ~PORT -1981 YEAR END REVENUE RECOVERY REPORT LETTER FROM D. CUM~IFF ...... C~"~ead memo fmm Business License Inspecto~ regarding businesses licensed for the r~nths of November and December. Also read was a memo from the Busimess License Inspector regarding a year end revenue recovery report. ~t was noted that through the Audit/Compliance Process established by his office a total of $50,663,.10 in recovered revenue was generated during 1981. Also read was a letter written by Don Cundiff to Leo Olrsy, City Treasurer, reiterating unsolicited comments of support on behalf of Jerry Wheeler, and the B & O license program, received by Captaim Maves while attending a seminar recently. 0915 STO~q SEWER EASEM~T Clerk read memo from City Engineer with attached easement for acceptance and recording from Lewis C. Romo and Jeri Romo for property at the SW corner of Wheaten and Hanford avenues. Motion by Commissioner Stewart and Mayor ~arstad to accept the easement, carried unanimously. KRC BUILDING ADDITION, WERNER & UNION Ci~'[ read memo from Planning Director with an attached plot plan and architectural plan for the KRC building addition. It was stated that the request had been sent for department con~ents and it was felt that a letter could be sent to KRC that their proposal met with City recommendations. Motion by Commissioner Swanson and Mayor Jarstad to accept the recommendation as presented, and directed the Clerk to contact KRC, carried unanimously. HOUSING AUTHORITY AGREEMENT AMENDMENT Clerk read memo from Colleen Donley with attached amendment to Housing Information and Referral Service Agreement. The purpose is to authorize the County to provide the HA with a cash advance to alleviate any cash flow problem in the relocation loan fund portion of the Service. No city funds are involved in the cash advance. This a Bonus Block Grant funded project. Motion by Mayor Jarstad and Commissioner Stewart to approve the amen'~t, carried unanimously. MEMO RE CLAIM AT ltlllRAINIER C'~ read memo from WastenOr Facilities Foreman and attached itemized statement for excavation and cleanout of sanitary sewer connection for the Turley's at 1111 Rainier. It was felt that the blockage occured at the transition, about 50' from the residence, by severe root intrusion. He recommended the property owners be sent a bill for the project. Motion by Commissioners Swanson and Stewart to have Mr. & Mrs. Turley billed for the above mentioned project, carried unanimously. MEMO RE CLAIM AT 1010 HEWITT Clerk read memo from Wastewater Facilities Foreman recommending the property owner be contacted and instructed to remove all roof drains connected to the sanitary sewer connection and payment of the claim only after this has been accomplished. Motion by Commissioners Swanson and Stewart to approve the reconm~endations as presented, carried unanimously. City Commissioners Meeting December 22, 1981 Page Three BID CALL SEEDLINGS Clerk read memo from Water Superintendent requesting bid call for Douglas Fir seedlings to plant in the areas which were logged in 1981. Motion by Commissioner Swanson and Mayor Jarstad to approve bid call for the Douglas Fir Seedlings, carried unanimously. FLOATING COVER - RESERVOIR ~4 - ~.Y~r~d menlo from water Superintendent stating that Northwest Linings Co. has completed the floating cover contract for Res. #4 and it was his recommendation council accept the project as complete. Motion by Commissioners Swanson and Stewart to accept the project as complete, carried unanimously. ORDINANCE RE SEXTON REZONE - for 1st reading Clerk read AN ORDINANCE amending 'the use and area maps of Ordinance No. 1792 - Sexton Rezone, Commercial & R-2 to B-2. Motion by Mayor Jarstad and Commissioner Swanson to approve on first r"~ng, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. 'ORDINANCE RE 1982 BUDGET -for 1st reading Clerk readAN ORDINANCE of the City of Bremerton approving and adopting the financial budget for the several funds of the City Government for the City of Bremerton, for the fiscal year 1982 and appropriating the amounts set forth in said budget to each fund in accordance with RCW 35.33.075. Commissioner Stewart stated he ~,~ not feel this was a good buget and felt the City would not be able to stay within the guidelines as set forth. Mayor Jarstad complimented the department heads for their efforts, stating t~,is was one of the F~stdifficult budgets to prepare, having to make cuts and changes. He stated he felt 1982 was going to be a year for growth and changes for the City and we are going to have to work at the legislative level to get help with the tax base, to be able to provide tke constant level of services to the public. Commissioner Swanson stated that last year we were told that the income would not be up to budget and that the Public Works kept their expenses at or below budget amount. He feels they will be able to do the same this year. Motion by Mayor Jarstad and Commissioner Swanson to approve on first ~'~'al~g the ordinance relating to the 1982 Budget, amended by Commissione~ Swanson and Stewart, to include the Data Processing cost back into the Police Department budget. Commissioner Swanson stated that he felt the long term benefits of using the computer would be worthwhile. Motion and amendment carried as follows: Mayor Jarstad, yes; Commissionex Stewart, yes; Commissioner Swanson, yes. 9:30 A.M. - PUBLIC RECOGNITION Mrs. Joyce '~i~'~' stated she had been given a lot of comments from other seniors regarding the bus rate fare but she still was giving her support of the increase. She felt that those who could afford it, should be paying more. City Clerk stated that a motion was needed regarding the allocation of the revenue sharing account. Motion by Commissioners Stewart and Swanson to allocate $12,000 tot'~Handicapped Program: $6,000 to the Senior Citizens Referral Program and $11,000 to the ALIVE Program, carried unanimously. Commissioner Swanson stated that when we pick these programs, it is difficult as they are all worthwhile. It was felt that these three answei a great deal of need within the community. Cit~y Colmnissioners Meeting December 22, 1981 t~age Four ORI)INANCE NO 3665 - HOUSING CODE~ for 2nd Readinq ~F~ ~res~ntcd Or~'~j~. ]B~5 for seconding adopting sections of tile 1979 edition of the Uniform Ilousing Code published by the International Conference of Building Officials relating to construction and alterations of buildings. Commissioner Swanson stated there were still some areas which had not been thoroughly discussed with the Building Department and he had some recoramendations for amending the ordinance. Motion by CommissionersSwanson and Stewart to pass Ordinance No."B'6'g~"with Section l-a, ceiling height to be changed to 7'6". Commissioner Swanson stated this brings the Ordinance in compliance with the rest of the Uniform Building Code. Ms. Donley stated that John Bates requested the addition of the follow- ing language to Section 6, "However when remedial action is instituted, all necessary permits shall be obtained and all work shall be done to the applicable City Codes", carried unanimously. ORDINANCE NO. 3668 -TELEPHONE BUSINESS UTILITY TAX, for 2nd Reading ~l'~rk presented Ordinance No. 3668 for second reading amending Ordinance No. 2169, S3, as amended by Ordinance No. 2530, S1, relating to the telephone business utility tax. Motion by Mayor Jarstad and Commissioner Swanson to pass on second reading, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE NO. 3669 - AMUSEMENT DEVICE LICENSE, for 2nd ReadinR Clerk presented Ordinance No. 3669 for second reading amending Ordinance No. 2177 to provide for an Amusement Device Owners License and an Amusement Device Operators license and amending Ordinance No. 347, as amended by Ordinance No. 1468 and Ordinance No. 3132, regarding pool and billiards tables and repealing Ordinance No. 1442 as amended by Ordinance No. 2156. Motion by Commissioner Swanson and Mayor Jarstad to pass on second read~, carried as follows: Mayor Jarstad,yes; Commissioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE NO. 3670 - GAMBLING TAX RATES, for 2nd Reading Clerk presented Ordinance No. 3670 for second reading amending Ordinance No. 3187 and Ordinance No. 3331 relating to gambling tax rates for bingo, punchboards or pull-tabs and amending the provision for limita- tion on right to recovery. Motion by Commissioner Swanson and Mayor Jarstad to pass on second reading, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. CLAIM FOR DAMAGES - ~RK H. ANDREWS Clerk presented a Claim for Damages in the amount of $58.50 on behalf of Nark Andrews for facial lacerations sustained when the child fell forward from the bench in the lobby and struck his face on a metal bar across the window. It was mentioned that the child was unattended while the mother was at the counter, and no one actually saw the injury occur. It was the opinion of Asst. City Attorney Sells that we were not responsible for unsupervised children. Motion by Commissioners Stewart and Swanson to deny the claim as presented, carried unanimously. ORDINANCE RE REZONE- CITY OF BREMERTON, For 1st Reading Clerk presented AN ORDINANCE amending the use and area maps of Ordinance No. 1792 - City of Bremerton. Motion by Commissioner Stewart and Mayor Jarstad to approve on first reading, carried as follows: Mayor Jars'tad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. City Commissioners Meeting ]December 22, 1981 Page Five CARRY OVER LEAVE REQUEST - KEN ATTEBERY C'~j?~ read memo from Fr~ing Director, Ken Attebery, requesting approval to carry over into 1982 approximately 60 hours annual leave. Due to a heavy schedule of meetings this fall, he was not able to take all extended fail vacation as was intended. Motion by Mayor Jarstad and Commissioner Stewart to approve the request, carried unanimously. STREET FUND APPROPRIATION ~i~G~'~"~~et Superintendent requesting additional appropriation of $12,00 for the year 1981 to cover additional expenses incurred by having done work for other Funds requiring purchase of materials and rental of equipment. Mr. Olney stated they will have the $12,000 revenue over their 1981 budget. Motion by Commissioners Stewart and Swanson to approve the request for~'f~,000 appropriation, carried unanimously. CLOSING OF INACTIVE FUNDS Clerk read memo from~'~'Treasurer requesting permission to close the CETA Fund and the 1955 Water/Sewer Revenue Bond Redemption Fund and transfer the residual balance to the General Fund and Water Operat- ing Fund respectivally. Motion by Mayor Jarstad and Commissioner Swanson to approve the closing and transferring of these two funds as requested, carried unanimously. SINCLAIR INLET SEWAGE FACILITY GRANT INCREASE Clerk rea~'~mo from City Engineer requesting approval of Sinclair Inlet Sewage Facility Grant increase in the amount of $186,572. Motion by Commissioner-Swanson and Mayor Jarstad to approve the grant increase as presented, carried unanimously. OLYMPIC AMBULANCE LETTER Clerk read a letter from W. Littlejohn inquiring into the status of the ordinance amendment agreed to at council meeting of 12-8-81. He also stated he had not received any communication regarding the change. Clerk stated that a letter had been sent to both ambulance comDanies re~ardin~ the chan~e on Dec. 11 and to her knowledQe, they have both received them. CLAIM FOR DAMAGES - GEORGE LAVENDER Clerk read a letter on behalf of Mr. Lavender requesting reimbursement for repairs at 2421 & 2423 Jennet in the amount of $1272.00. Motion by Commissioners Swanson and Stewart to send this claim to the City Attorney for review and recommendation, carried unanimously. RESOLUTION RE SHORELINE AMENDMENT - SEXTON Clerk read A RESOLUTION amending Figure 1, Bremerton's Shoreline Environment Designations, a part of Bremerton's Shoreline Management Master Program. (West shore of Port Washington Narrows, east side of Highland Avenue, south of 13th Str.). Motion by Mayor Jarstad and Commissioner Swanson to pass and approve this resolution, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. CLAIMS ~t'i~ by Commissioner Stewart and Mayor Jarstad to approve Payroll Fund In the amount of $212,801.98) FICA C~aim in the amount of $9606.99; Warrant List #28123 - 28125 in the amount of $88,931.40 and Regular Warrant List #28162 - #28296 in the amount of $111,447.21, carried unanimously. City Commissioners Meeting December 22, 1981 Page Six COMMISSIONERS REPORTS: C~{~?]oner Stewart requested an ordinance change requiring towing companies to accept cheeks for lowing fees in accordance with State ]law. He stated that Paul Gamble of DOT had called him regarding a meeting next Tuesday and the possibility of obtaining a $200,000 operating assistance grant for the transit system. Mayor Jarstad acknowledge his sister in the audience and wished every- one a Merry Christmas. He thanked Leo Olney, City Treasurer, for his hard work on the budget, Commissioner Swanson expressed his hopes of everyone having a Merry Christmas and being able to be home with thei~ families. Meeting recessed until 4:30 P.M~ City Commissioners Meeting December 22, 1981 Page Seven Reconvened meeting of the City Commissioners opened at 4:40 P.M. Present were Mayor Jarstad, Commissioner Stewart, Commissioner Swanson, City Clerk Kathleen Mandio and City Attorney Terry McCluskey. Mayor Jarstad opened the meeting and explained that the purpose at this time was to take testimony regarding whether or not council should re-open the hearing. City Attorney Terry McCluskey explained to the audience what could be heard by the council at this point regarding testimony, Commissioner Swanson explained that he had disqualified himself from the previous hearing as a petition from a separate land use matter in this area had been submitted with his wife's signature. He stated it had nothing to do with this site. He stated he did not live within the designated 250' of the property and asked for input from the audience as to the advisability of hearing this matter. Mrs. Laura Gleysteen, 2038 NOR Taft, stated since he had not partici- ~'~"~h ~he past hearing, she felt he should not attend this one. Commissioner Swanson stated he would excuse himse3f from this hearing in the event the decision that may be handed down might be disputed by the petitioners and he did not want his presence to jeopardize any future decisions in this case. Co~issioner Swanson left at 4:45 P.M. Glen Davis, Developer, stated they were requesting this be heard at this time as they had not been aware that the proposal could have been modified at the previous hearing, and also because the neighborhood had indicated considerable interest in having the existing tanks removed on the Dane property and had no objections to it being rezoned. Terry Durst, Developer, stated they had gone to the public and felt they were going to have support for this proposal by the neighbors. Wayne Johnson,1604 Naval, stated he went door to door in the community and felt ~e majority were in support of their project, the removal of the storage tanks and the improvement of the streets. Catherine Durst, 1606 Naval,stated she was in favor and support of the development and removal of the oil tanks. Mrs. Tibbetts, 1588 Naval, said both she and husband felt the oil tanks were a hazard and want to see them removed and some nice buildings in there. Mrs. Ruth Redman, 2111 19th, is in favor of the proposal and wants the ~Ing to '~' reopened. Mark Cleveland, 1606 Naval, stated the tanks are very unsightly, they serve no purpose and feels the proposal is a way to turn the area into a low density development. A1 Dicks, 1588 Naval, wants to have tanks removed as they are an eyesore to the community. Brad Cleveland, 1594 Naval, supports the pr6posal and the removal of the ~U['~nks. He was in favor of the hearing being re-opened. Diana Morley, 1602 Naval, stated she was in support of the re-opening City Conmissioners Meeting December 22, 1981 Page Eight D & D HEARING CONTINUED: Don AtWood,Architect, felt they should consider the re-opening of the hearing due to testimony given at the previous hearing indicat- ing support of improvement to the Dane property. The main objection before was the property adjoining Taft Ave ue and there was a natural ]6' divider between the two pi=eces of property that could be the final line of fezone. Bill Dane, present owner of the property in question, stated he was ~'~'in favor of the project. He felt it would be an asset to the community. The view has been downgraded for some time on a limited basis and he would like to see the area cleaned up. Horton Hacklet, 1602 Naval, doesn't see any basis to re-open the hear- ing. He felt they had a fair hearing the last time and it was rejected. He stated there is too much housing now, many of the present condo- apartments in the area are standing empty. He said the request should go back to the Planning Coimmission with another fee and come back for a hearing, Martha Cross, 1916 Taft, voiced her objection to the re-opening of the K~arin~. Th~ rules and regulations are quite specific about a council decision. Is there a precedent for this or is one being set now? City Attorney replied that in the past no one has asked for a re-opening of their hearing and feels that this has been-a valid request on the part of the petitioner. He stated that if council chose to re-open the hearing that they had the sLme powers as before, they could deny the request, approve it or sent it back to Planning Commission. A. Shearer, 1905 Taft, said he thought this matter was through for ~other year. He stated he felt most of the testimony previously given was by relatives, employees and tenants of the applicant and did not feel they were a true representation of the neighborhood. Virginia Costello, 2025 Taft, did not feel this was the way that planning and rezonfngs~ld be handled. She questioned whether or not D & D had paid the Clerk's office for the postage and advertising and it was not determined at this time if they had paid. Mr. Terry Durst stated they had not yet received a statement, but that it would be paid as soon as one was received. Side 2 Lyn Meismer, 1564 Naval stated she was against the re-opening. 0007 Vicki Bushwell, 1528 Naval~ stated she did not know one signle person on her block in favor of re-opening. They had several neighborhood meetings, prepared a survey and stated they did not want the proposal and would not give up without a fight. Mayor Jarstad then closed testimony from the floor. He stated that on the basis of all information heard so far, he felt it was logical for the developer to have asked for a re-opening, and would be in favor of the hearing if Comnissioner Stewart was in favor~ Commissioner Stewart indicated at first he had not wanted mo~e.'h~'srings, but based on the information received, there might De merit in taking the oil tanks down. He felt that if there were a fezone, time!limits should Be placed on the development. Motion by Commissioner Stewart and Mayor Jarstad to re-open the hearing, 0385 carried unanimously. City Commissioners Meeting December 22, 1981 Page Nine D & D HEKRING CONTINUED: ,385 City Clerk stat~t?~m~"Kad been posted and advertised according to law. Clerk read a letter from Gene Kennedy, Manager of Land Title Co.~ in support of Investments by D & D; a letter from Theodore Blomberg in favor of the project; a letterfrom Deanna D. Mueller in support of the project; a letter from PaulPazooki clarifying his position as a neighborhood representative and four separate petitions signed By neighbors of the area, indicating their support of the proposed project. ~Lr, Ken Attebery, Planning Director, stated the new plan eliminated the western portion of the property~ There are 43 parking stalls, the pump station area is not included in the site plan. He read recommenda- tions from the Planning Commission which recommended full approval of the full proposal in September of 1981. 1638 Mr. Don Atwood, Architect for the project, spoke regarding the changes ~ubmittedThT time regarding the driveway; increase 14 units to 16, and the clubhouse use and restrictions. The building is limited to two stories. The site is backed on two sides by R~2, with water on the third side. Mr. R. Rec~an, stated she lives on the corner across from the proposed s~' and they have all the traffic and suggested a speed bump to slow down the speeders. Mrs. Virginia Costello, felt that because a new site plan with changes ~'~'FGB~itted, there were certain rules and procedures to be followed. She expressed her concern over the parking being readily available to the users of the marina. Mr. Atwood replied that it would not be legal to provide parking for the marina, the parking spaces would belong to the condo owners and they would have jurisdiction over their use. ]100 Mr. Don Sherar, questioned the time element involved in the removal of the oil tanks and questioned the enforcement of rules and regulations involved with the project. Wayne Johnson, Construction foreman for D & D, spoke on the reputability of his company. 1300 Hartha Cross, discussed the added load to the water and sewer system of the area and expressed her dislike of the structure and appearance of the condos previously built. Horton Hacklet, discussed the possibility of a demolition permit being ?~i~'8~'~hi'~'~e tanks are taken down and a performance bond. Mr. Glen Davis, discussed the listing of Mr. Pazooki's name on the previous petition submitted. He explained that it stated Mr. Pazooki could be called regarding his position. Camille, Architect, discussed the lack of fence around the oil tank and stated the developer intended to d~lth~ before it is taken down and construction begins, thus eliminatiH~ adangerous situation. ElSa Tibbetts, stated she had sold her hous~ to D & D and supported t'I]eir condos. Laura Gleysteen,spoke in support of a development on the Dane property and wanted l?~e sure that all rules and regulations would be adhered to by this company. She expressed her concern about the traffic situa- tion and safety of children in the area. City Commissioners Meeting December 22, 1981 Page Ten D & D HEARING CONTINUED~ ~F~Y~'~irk, 2646 Chico Way NW, stated he feels economy is bad and it~i'i'~f"[~'6t the length of time for the developers to obtain financ- ing for their project, and this should be taken into consideration. He was in support of the proposed project.i Mr. Don Sheafar, discussed the easement for access to tidelands and ~Yoned the'possible use of the original road site. He submitted to council a copy of the Sale Agreement for the area where marina js located. Mark Cleveland, discussed the land acquisition for the marina and ~i~'I~'hadbeen recommended by the DNR and State, to use the access on Lents side of the property, as it was already zoned commercial. I044 Ms. Lin Horton, 2028 Taft Avenue, did not feel this was a great project and was not in favor of it. Mr. Bill Dane~ present owner of the property, stated that moving the t~a~[~'Is no problem. He explained how they could be floated out the inlet and discussed the potential marked for the tanks. Commissioner Stewart stated he felt that the oil tanks should have a completion time of 12 months and the total project should be completed within 30 months, or it would revert back to a R-1 zoning. He felt a performance bond should be required for removal of the tanks. If the above is not accomplished it reverts back to R-1. Terry Durst, discussed the time element as it pertained to preparing a ~'6~i~67'~contacting financers and make arrangements, He felt that five years would be more appropriate. He did feel that a 12 month period for removing the oil tanks would be sufficient. He had discussed the matter further with Mr. Dane and was satisfied with this requirement. Mayor Jarstad discussed the recommendation of curbs, gutters and side- walks with Ken Attebery as the recommendations of the Engineering Depart- ment were different from what the neighborhood felt was appropriate. Also discussed was the legality of the requirement and ownership of the right-of-way. It was felt that the placement of the 272.8' of curbs, gutters and sidewalks should be further reviewed by Police Traffic and Engineering. Motion by Mayor Jarstad and Commissioner Stewart to approve the rezone to R-2 with conditions as follows, to have engineering and Police Traffic further review condition G C2) and bring back recommendations and to put a time limit of 12 months for removal of the oil tanks and 30 months for completion of the entire project from the date of approval of the ordinance. The property will revert back to R-1 zoning if the time limits are not met. A. This fezone and shoreline permit are subject to the various require- ments contained in the Bremerton Area Plan, the Bremerton Zoning Ord- inance, the Uniform Building Code, the~ShoEeline Management Master Pro- gram and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained therein. B. The site shall be developed essentially the same as the Anderson Cover 16-unit condominium A. C. Partner's site plan dated 12-14-81 labeled Exhibit "A" 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. City Commissioners Meeting December 22, 1981 Page Eleven D & D HEARING CONTINUED: D. General Conditions: (1) Approval of this fezone is contingent upon approval of all necessary Shoreline Management permits. (2) On~siLe parking shall be designated solely for the use of residents and guests and not off-site uses. (3) The recreation building shall be limited to the use of property owners and residents of the subject development and their guests. (4) The developer shall submit detailed elevation plans showing design, materials and color of all structures to the Planning Comnission for approval to assure that the recreation building will be remodeled to be compatible with the condominium structure. (5) There shall be no commercial use of the clubhouse. (6) Prior to removal of oil tanks, a performance bond shall be secured. (7) Oil tanks shall be removed within 12 months from effective date of ordinance or property shall revert to Residential-One classification. (8) Prior to com~encing construction, a performance bond shall be obtained. (9) Completion of the proposed project shall be completed within 30 months from effective date or ordinance or property shall revert to Residential-One Classification. E. Prior to the issuance of any grading permits the developer shall: (1) Obtain the necessary Fire Department approvals to assure that removal of the existing fuel tanks is in accordance with the Uniform Fire Code. F. Prior to the issuance of any building permits the developer shall submit and obtain approval of responsible City departments for a site plan which includes: (1) Location of additional hydrants and additional fire protection equipment on the north portion of the site to Fire Department requirements. (2) Bicycle parking facilities for tenants for 4-6 bicycles. (3) Landscaping as follows: Along 19th Street: Provide a landscaped area which is a minimum of ten (10) feet in depth consisting of plant material which will cover the ground within three years, and which will not exceed 3½' in height where water views could be obstructed. (4) Energy conserving site and buil~ing,,.design. (5) Placement of all utilities serving the subject site underground where feasible. (6) Storm drainage plans which meet the requirements of the City Engineer. City Commissioners Meeting December 22, 1981 Page Twelve D & D HEARING CONTINUED: G. Prior to the issuance of an occupancy permit the developer shall: (1) Improve 19th Street including mino~.traffic control devices (Such as signing and pavement markings) to Engineering standards with a minimum 26~foot wide roadway surface. (2) The developer shall provide 272.8 feet of curb, gutter and sidewalk to City Engineer's standards on 19th Street from the east margin of Olympic Avenue to a point on the west side of Naval Avenue where site distance to ensure pedestrian safety is achieved. Safe sight distance, exact location and design of these improvements shall be approved by the City Engineer and Police Traffic. (3) A crosswalk is to be provided at the east margin of Olympic to connect the sidewalk on the north side of 19th to the sidewalk on the south side of 19th. (4) Dedicate an easement to the City for public access along the tidelands and for access to the tidelands from 19th Street and mark such access at 19th as "public access to beach". (5) No occupancy permit shall be granted until right-of-way improve- ments are completed. (6) Show compliance with all above listed conditions of rezone and shoreline permit; Commissioner Stewart amended the motion, seconded by Mayor Jarstad to require a performance bond for removal of the tanks and the entire project. Discussion followed between Commissioner Stewart and representatives of Investments by D & D over necessity of a performance bond for the construction of the project and the cost to obtain a bond. City Attorney Terry McCluskey stated he felt it was an unusual requirement, that it was highly expensive. It was felt by D & D that this requirement should be left up to the financing institution and not the City, to make this a requirement. Conmissioner Stewart stated he would change his amend- ment to stated that he will check further into the costs of a performance bond for the entire project. Motion and restated amendment carried unanimously. Motion by Mayor Jarstad and Commissioner Stewart to approve the request for a Substantial Shoreline Development Permit with the same conditions as contained in the rezone approval, carried unanimously. The Variance on Appeal is not a matter applicable to this site. Meeting adjourned at 7:50 P.M. KAT~LE~DI~O, Cit~ Clerk Tape #243~ Si~e #1 #0593 "~ CITY HALL " WASHINGTON ~HE OLf'MP,,~: 239 FOURTH STREET 98310 AMENDMENT TO COUNCIL MINU'iIES OF DECEMBER 22, 1981: Ordinance RE 1982 BUDGE'f, for first reading: Motion by Conlmissioners Stewart and Swanson to allocate revenue sharing funds as follows: Handicapped Program, $12,000; Senior Citizen Referral Program, $6,000; ALIVE Program, $11,000, carried unanimously. -',,PPP~OVED JAN 2 6 I982 HOME OF ]'HE PUGET SOUND NAVAL BASE AND SHIPYARD ~' 'l