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HomeMy WebLinkAbout08/24/77 CITY COUNCIL MINUTES August 24, 1977 TAPE #114 Regular meeting of the City Council of the City of gremerton, Washington, (A) 2142 was held in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, August 24, 1977 at 9:05 A.M., PDST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney McCluskey and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by City Clerk Yeadon. MINUTES OF AUGUST 17, 1977 Clerk read minutes of August 17, 1977. Mayor Jarstad ordered the minutes to stand approved as amended. INITIATIVE ORDINANCE Commissioner Stewart suggested in connection with trying to solve the problem with people being unable to obtain building permits because their homes cross lot lines that someone begin to make an improvement and be arrested and tried in Municipal Court. Mr. McCluskey discussed this suggestion and stated he could not recommend that someone should be encouraged to criminally violate an ordinance. In this case it would be a misdemeanor; also, he stated the ordinance would still stand as it is and it would not change. He stated a permanent solution would not be obtained. SEPARATIONS Steven L. Haver, Wastewater, Summer Help, Found Other Employment, 8/15/77. Dave Patmort, Eugene Scales and James Coombs, Water Supply, Voluntary, Extra Labor, 8/19/77. Frank Chase, Kenneth Plowman, Mike Hayes, Kurt Spitzer and Mike Mollison, Parks and liecreation, Extra Labor, End of Temporary Employment, 8/22/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Separations, carried unanimously. NOTICE OF EMPLOYMENT Adene ViE, Accounting/'rreasurer Dept., Office Asst. II, $680.00 per mo., 8/15/77. Motion by commissioner Stewart and Mayor Jarstad to approve Notice of Employment, carried unanimously. CETA SUBGRANT MODIFICATION Clerk presented CETA Subgrant Modification which increased the total obligation $116,058.00 to a toal of $223,981.00, and extended to Sept. 30, 1978. Motion by Commissioners Stewart and Schoneman to approve CETA Subgrant Modification and authorize mayor and city clerk to sign for the City, carried unanimously. TAXICAB DRIVERS LICENSE APPLICATION Steven D. Baker, approved by Capt. Johnson for Chief of Police. Motion by Mayor Jarstad and Commissioner Stewart to approve taxicab drivers license application, carried unanimously. TRANSFER OF SAUNA AND MASSAGE PARLOR LICENSE - International Sauna Clerk presented application for transfer of the International Sauna and Massage License from Mrs. Barthel to Sun I. Griffin. Considerable discussion ensued and finally resolved by informing Mrs. Griffin, who was present, that she turn into the City Clerk the license of the present operator and then the application could be processed through the City Council. CHANGE OF LOCATION - Far East Sauna Clerk presented application for a change of location for the Far East Sauna. Motion by Commissioner Stewart and Mayor Jarstad to approve change of location for Far East Sauna, carried unanimously. MASSEUSE LICENSE APPLICATION Clerk presented masseuse license application for Mal N. White, approved by Asst. Chief Kvistad for Chief of Police and by Health Dept. Motion by Mayor Jarstad and Commissioner Stewart to approve masseuse license applica- tion, carried unanimously. CITY COUNCIL MINUTES August 24, 1977 Page two CLA1MS FOR DAMAGES Robert L. Uhlich, $129.68, City pickup backed into his car; Chester Gibbs, $562.50, money damages for room rent from March 15, 1977 through April 29, 1977; and Terrence M. Barton, $57.84, damage to tire after running over drain cover on Washington St. Clerk stated these claims had been referred to the insurance companies. PURCHASE OF HENRY E. WHITE PROPERTY Clerk reported that an option to purchase real property has been consummated, approved as to form and accepted by Mr. and Mrs. Henry White for the White Blueberry Farm. OCCUPANCY PERMIT - Joe Mentor Clerk read letter from Joe Mentor, dated Aug. 16, 1977, which stated he has not received an Occupancy Permit for the Dental Clinic at 905 Pacific, even though it was requested in May; that he has not received a list of items that need to be completed to get the occupancy permit. Mr. McCluskey stated his office had responded to this letter. LEASE WITH MS. HUDSON - Marlow and Wheaton Way Clerk read letter from Mr. Vockrodt, dated Aug. 25, 1977, which stated that he has long felt this piece of property should be beautified with a shade tree, a bench and a traffic diverting rock garden; that this property is zoned R-2 and abuts approximately 30 ft. on the business property and, according to Section 726 of the zoning ordinance, may pot be used For parking purposes. The letter requested that the City prohibit and prevent further parking on this property. Clerk stated he had checked with the Planning Dept. and she could apply For a variance. Mr. McCluskey stated there may be a pre-existing use and he would like the correspondence referred to his office. NOTICE OF ACTION BY BREMERTON PLANNING COMMISSION Clerk reported that Planning Commission passed Resolution No. 425 denying the application for Special Use Permit for Billboard for Obie Signs. He also stated dates were set last week for hearings for Hunters Hideaway Preliminary Plat and Collier Rezone. SEWAGE TREATMENT FACILITY Clerk read letter from Dept. of Natural Resources, dated Aug. 19, 1977, which stated the Negative Declaration for ErA Project No. C-530857 Sewage Treatment Eacility has been received; the only concern regarding this project is that an easement for outfall must be obtained from the Dept. of Natural Resources. Clerk stated Dr. Don Proctor stated he would check on this. COMMUNITY THEATRE - LEASEHOLD TAX Clerk read letter from James K. Morgan, President Community Theatre, Inc., dated Aug. 19, 1977, which stated the Community Theatre would hold a special Board meeting at the earliest opportunity to decide their course of action concerning the leasehold tax. It stated further they want to protect the successful operating relationship enjoyed between the City and the Parks & Recreation Dept. and the Community Theatre; that they will keep the City informed of any decisions and actions in this matter. PUBLIC HEARING - SINCLAIR INLET SEWERAGE PLAN Clerk read memo from Bill Dehn, CH2M Hill, dated Aug. 22, 1977, attached to which was a public notice to be published regarding Sinclair Inlet Sewerage Plan. Clerk stated the hearing will be held Sept. 28, 1977 at 10:SO A.M. Motion by Commissioner Stewart and Mayor Jarstad to set hearing date for Sept. 28, 1977 at 10:30 A.M. and authorize city clerk to publish notice, carried unanimously. LIONS COMMUNITY PLAYFIELD DOCK REMODEL Clerk read letter from Barry Branch, dated Aug. 19, 1977, attached to which was the estimate of probable construction cost for the subject project. The letter stated the estimate is higher in cost than the previous estimate due to a number of conditions; that the total project cost is $45,127.47. It stated further the architect's Fee must be added to the final cost amount. -2- CITY COUNCIL MINUTES August 24, 1977 Page three COMMISSIONERS' REPORTS Commissioner Stewart: 1. Something a long time coming is that all claim fund warrants are now being written on the computer. The advantage is that no warrant will be written on any fund unless money is available in that fund. The fund will be simpler to audit and the other big improvement is that his Finance Dept. will know the exact amount of money that is available every minute. This operation will also assist in investing, both regular and weekend investing. Will be running a dual system until sure the computer method is working out. This operation will save more than 40 hours a week in his department. 2. Has worked with the State Eicense Dept. to obtain addresses of automobile license holders for use in collecting on parking tickets. The State will accept a tape from the City's computer and will run it through their computer, which will give the City a more current list and save a great deal of time. 3. Suggested the other two commissioners visit Kirkland and see that Kirkland has a good control over derelict buildings through a particular ordinance. He suggested that City of Bremerton should give this some consideration because of a number of boarded-up structures and derelict buildings. He stated he has a copy of Kirkland's ordinance. Commissioner Schoneman: 1. As predicted, it did rain this week and it was the first opportunity the City was able to get asphalt and paving materials. Started paving Almira Monday, got the first lift down and then rained out yesterday. Working on Sheridan Road to cut down to the new grade. Able to concentrate City's forces on Sheridan Road to prepare for paving. Concrete mostly down on Sheridan Road. With curbs and gutters there will soon have a good, driveable east-west arterial between Hal's Corner and Lebo Blvd. 2. Anticipated having all new signals in place at Sylvan and Wheaton and had been given assurance of this back in June; however, a strike occurred at the factory and it will be this week or early next week according to Moss Construction Co. Should complete the job within the First three weeks of September. Drivers are being cautious at that intersection because the signals do not have the turn arrows. S. Having a problem with placement of political signs and his department is reviewing all locations now. Eor those going into politics for the first time, they should know what the City ordinance requires regarding political signs. Commissioner Schoneman read the section from the ordinance which concerns this matter. Stated he knows of instances where someone has attached a sign to a R/W fence. His department is making a complete survey of the situation today and those who have signs that are not permitted will be notified immediately to remove and place them properly. 4. Stated that William Delvo, known as Bill, who was a heavy-equipment operator in the Water Supply Dept., had a heart attack last Thursday and passed away Saturday morning at the age of 51. ~e~t ~ ~. Talked about his abilities as a heavy- equipment operator and noted some of the work he had done for the City; that by himself he had built about one mile of road up to Gold Mountain. I~t Mayor Jarstad: 1. Stated the Fair and Rodeo is this week. 2. Very pleased and honored this week that officials from Sister City, Kure, Japan, have spent time in Bremerton. They were: Mayor Yosharto 0kuhara, Council President, Jiso Yamato and Takeshi Niioka, a businessman. Stated exchange students wiJl be going back to Japan Friday. MERCER ENTERPRISES Clerk reported that the judge had not resolved the case and his Declatory Judgment states it will have to go to trial, providing Mercer Enterprises chooses to do so. REIMBURSEMENT AGREEMENT FOR EXTENDED SANITARY SEWER LINES - School District Clerk presented Reimbursement for Extended Sanitary Sewer Lines for the School District. Motion by Commissioners Schoneman and Stewart to accept Reimbursement Agreement, record and authorize mayor and city clerk to sign for the City, carried unanimously. -3- CITY COUNCIL MINUTES August 24, 1977 Page four REIMBURSEMENT AGREEMENT - Clement Robinson Clerk read memo from City Engineer, dated Aug. 22, 1977, attached to which was a Reimbursement Agreement for Extended Sanitary Sewer Lines for Clement Robinson. Motion by Commissioners Schoneman and Stewart to accept Reimbursement Agreement, record and authorize mayor and city clerk to sign for City, carried unanimously. DEVEI. OPMENT OF MAJOR BPA POWER MARKETING POLICIES Clerk read letter from BPA, dated Aug. 12, 1977, attached to which was a copy of a procedure BPA is considering to enable and encourage its customers and the public to participate in the development of major BPA power marketing policies; that they would welcome suggestions and recommendations regarding this proposed procedure. The letter requested that any suggestions be submitted before Oct. 3, 1977; and upon adoption of a final procedure, BPA will utilize the procedure to develop a policy to allocate the power that will be available when existing power sales contracts terminate. Clerk stated this letter will be on file in his office. INITIATIVE ORDINANCE Clerk read letter from Richard K. Weld, dated Aug. 20, 1977, which requested that a meeting be set up between City officials responsible for the implementation of the ordinance, persons possibly harmed by the present interpretation and those who actively promoted and supported its passage. Mayor Jarstad stated he was attempting to have a meeting at 5;00 P.M. tomorrow night. DROUGHT GRANT APPLICATION Clerk read memo from Water Superintendent to Commissioner Schoneman, dated Aug. 23, 1977, attached to which was the EDA Drought Grant Application. The memo stated the City is eligible for a 20% grant and recommended City Council authorize mayor and city attorney sign the application. Motion by Commissioner Schoneman and Mayor Jarstad to accept application and authorize mayor and city attorney to sign application, carried unanimously. Clerk stated second part of the application is whether or not the City wishes to accept loan. He stated it is a 5% loan. Motion by Commissioners Schoneman and Stewart to accept 5% loan, carried unanimously. LETTER OF AGREEMENT BETWEEN PLANNING DEPT. g UW DIVISION OF COMMUNITY AND ORGANIZATION DEVELOPMENT Clerk read memo from Planning Director, dated Aug. 23, 1977, attached to which was a letter of agreement between the Planning Dept. and DCOD to carry out a community needs assessment in three central West Bremerton neighborhoods to complete the initial planning process in all Bremerton neighborhoods. The memo stated this would cost $2,125.00 and is well within the amount allocated. It requested authorization for the mayor and planning director to sign this letter. Motion by Mayor Jarstad and Commissioner Schoneman to concur and authorize mayor and planning director to sign letter of agreement with DCOD, carried unanimously. Meeting recessed from i0:30 A.M. until 10:48 A.M. Motion by Mayor Jarstad and Commissioner Stewart to hear Batty Branch Preliminary Plat Decision and then Green Rezone Hearing, in that order, carried unanimously. TAPE #114 BARRY BRANCM PRELIMINARY PLAT DECISION (B) 405 Mayor Jarstad stated the letter from Phil Best, Attorney, had been reviewed and the City Council is now ready to make a decision on the Barry Branch Preliminary Plat. Motion by Mayor Jarstad and Commissioner Stewart that the City Council does find that the proposed plat makes proper provisions for the public safety, health, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for school and -4- CITY COUNCIL MINIJTES August 24, 1977 Page five schoolgrounds, and has considered all other relevant facts and determined whether the public interest will be served by the subdivision and dedication and the City Council approves this preliminary plat. Under discussion: Commissioner Schoneman stated there is a need for homes like this and he feels this development is well justified. Amended Motion: Mayor Jarstad amended his original motion to include any conditions set forth by the Planning Commission. Commissioner Stewart seconded this amendment. Question was called and motions passed unanimously. TAPE #114 GREEN REZONE HEARING (B) 480 Clerk stated he had published, posted and mailed letters of notification as required by law. He read Planning Commission Resolution No. 421 recommending denial of rezone from R-1 to R-2. Clerk statedl5 advisory ballots had been sent, with eight returned, one agreeing and seven disagreeing. Ken Attebery, Planning Director, stated the proposal is for the construction of four townhouse-type residences; gave department reviews and commented the comprehensive plan shows medium density residential. He stated the view of the Narrows and East Bremerton will be partially blocked for two residences; the setback from the water will be out-of-character with the established pattern in the neighborhood and will serve as a barrier cutting to the south; the site appears to contain sufficient upland to be subdivided into two 5800 sq. ft. lots for two duplexes. He stated further the R-1 setback require- mcnts are 20 ft. front and 25 ft. rear; R-2 requirement are 15 ft. front and rear. Mr. Attebery used a site plan and colored s etch to describe the development. PROPONENT: Robert Green, 4110 Kitsap Way, spoke about his development and stated that when he came for his Shorelinc Management Permit, there was no objection and he is using the same plan that he used then. }te stated the main objection seems to be the traffic, but no matter what is put in on that lot will generate traffic. He stated the lot is now vacant and nothing but a trash collector and a place for the neighbors to park their cars. Mr. Green presented a copy of a letter dated July 25, 1977 which gave nine comments about the rezone. This letter is on file in the Planning Dept. Stated he sent letters to the residents describing his proposal to them and told them that no matter what was constructed on that piece of property, it would block the view. Commented that Mr. Walton had found some small mistakes in his figures, but nothing big and stated he did not think he would have obtain another Shoreline Management Permit due to the changes that were made. Original intent was to build under 9 D/U per acre. Barry Branch, Architect, spoke about the principle of this type of housing and stated he is the owner and developer of a condominimn type of complex. He stated there is a need for this type of housing in Bremerton and it does not change the concept of single-family residences. Stated the difference is the condominiums are joined together side-by-side by a wall rather than a small side yard or side- walk. OPPONENTS: Norman Walton, 2518 No. Wycoff, stated he is within 250 ft. of the proposed rezone. He presented a petition in opposition to the rezone with 52 names on it. Spoke about the inaccuracies of Mr. Green's plan and stated these are not small inaccuracies, they are big inaccuracies. James Linder, 2440 Snyder, spoke about the setback and questioned the approval of a Shoreline Management Permit for this development. Stated many people spend $10,000.00 to $20,000.00 for a lot for one house and he doesn't feel Mr. Green spent too much on this lot to build a single-family dwelling. Grayson Capp, 2449 Snyder Ave., spoke in behalf of his mother and family and many of his neighbors. He stated the neighbors do not want this rezone because they want it to remain single-family residences. Stated he has no quarrel with condominium-style living, but he does want this neighborhood to remain R-i. He stated this would be a fine place for a mini- park. Marilyn Schlichting, 2461 Snyder, stated she owned the four-p]ex across the street and that she resides in one; that if a single-family dwellring were constructed on this piece of property, she would lose about 1/3 of her view and if this development goes in, she would lose all of her view. Spoke about the -5- CITY COUNCIL MINUTES August 24, 1977 Page six traffic and parking. Stated that if ears park in the street, it would create a hazard. A1 Fretwell, 2431Snyder, stated he had owned his home since 1942 and he is opposed to this rezone and so is his wife. Gordon Stennerson, 2441 Snyder, spoke about the property lines and stated he is opposed to this rezone and feels it should remain an R-1 neighborhood. Violet Dale, 3224 Snyder, stated she has lived there for many years and she would like to see it remain an R-1 zone. Ray Allred, 1913 Snyder, objected to the rezone because of the increase in traffic and the way cars speed up and down Snyder. Erin Harrison, 2419 Snyder, stated he has lived there for 23 years and if this fezone is approved, he will lose all his view of the water. Walter Echleberg, 2423 Snyder, stated he has lived there since 1945; that it is a beautiful neighborhood to live in and he wants it to remain that way. Mayor Jarstad stated that many Factors are taken into consideration before a decision on a rezone is made. One of these is the decision rendered by the Planning Commission and another one is the intensity of the feeling of the people in the neighborhood. He stated that many times the recommendation of the Planning Commission is not Followed, but that is when the neighbors have agreed to the rezone. He stated the neighbors here do not want this fezone and he would concur in the Planning Commission's recommendation. Commissioner Stewart stated he feels one of the best ways for a development to be approved is for the developer to go out and get concurrence of the neighbors before applying for a fezone. He stated he would have to concur with the Planning Commission and deny the request for fezone. Commissioner Schoneman stated he is quite familiar with this area and his big concern is the traffic problem. Stated it would be a good place to set up a radar unit and try to catch some of the speeders. Motion by Commissioners Schoneman and Stewart to deny rezone. Under discussion: Mr. Green asked why he was granted a Shoreline Management Permit using the same plan, but the fezone request was denied. Mayor Jarstad explained they were working under two different ordinances and the density Factors were not antici- pated because that particular question was not before City Council at that time. Motion carried unanimously. BID OPENING - Senior Citizen Building Remodeling Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, carried unanimously. Mayor Jarstad left the meeting at 12:30 P.M. Senior Citizen Building Remodeling: Tjnners, Inc., $900.00 cashier's check enclosed, $16,795.00 plus tax. Clerk stated this was the only bid received. Motion by Commissioners Schoneman and Stewart to refer to proper committee for evaluation and award at a later Council Meeting, carried. ORDINANCE NO. 3378 - Taxi Fares Clerk read, second reading, "AN ORDINANCE amending Section 21 of Ordinance No. 2888 as amended by Ordinance No. 3100 and Ordinance No. 3138; relating to taxi Fares". Motion by Commissioners Stewart and Sehoneman to pass Ordinance No. 3378 on second reading, by title only, carried as Follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE, FIRST READING - Dean Dewell Rezone Clerk read, first reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (Dean Dewell}". Motion by Commissioners Stewart and Schoneman to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. -6- CITY COUNCIL MINUTES August 24, 1977 Page seven ORDINANCE, FIRST READING - Conifer Development, Inc, Clerk read, first reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (Conifer Development, Inc.)". Motion by Commissioners Stewart and Schoneman to approve ordinance on First reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE, FIRST READING - Prohibition Against Cruelty to Animals Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 2457 (1961), to include the prohibition against cruelty to animals". Motion by Commissioners Stewart and Schoneman to approve ordinance of first reading, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Sehoneman, Yes. ORDINANCE, FIRST READING - James Skirving Change in Land Use Restrictions Clerk read, First reading, "AN ORDINANCE amending the Land Use Restrictions (Site Plan) adopted by Ordinance No. 2941 (James Skirving)". Motion by Commissioners Stewart and Schoneman to approve ordinance on first rea'~g, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE, FIRST READING - 0ecupancy Charge for Water or Sewer Service Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 314~'~3 (AU), 1944 as amended by Ordinance No. 3255 §1, 1975 and codified as BMC 15.04.475 relating to the payment of change of occupany charges for water or sewer service by the landlord of a rental residence". Motion by Commissioners Stewart and Schoneman to approve ordinance on First reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. BILLS Motion by Commissioners Stewart and Schoneman to give blanket approval to vouchers 826? to 8272 inclusive in the amount of $10,464.04 and vouehexs 00161 through 00223 inclusive in the amount of $21,775.23, audited by John R. Ross, carried. Meeting adjourned at 12:35 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -7-