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HomeMy WebLinkAbout08/21/79 UNAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES FU[~ ~ [i, iOTg August 21, 1979 APPROVES) TAPE 4165 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 21, 1979 at 9:00 A.M., with Commissioner Stewart presiding. Also present were Commissioner Swanson, City Clerk Mandio, Asst. City Attorney McCluskey and representatives of the press and radio. Mayor Jarstad was absent. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Robert Merz of Peace Lutheran Church. MINUTES OF AUGUST 14,197g Motion by Commissioners Stewart and Swanson to approve minutes as circulated, carried unanimously. SEPARATIONS Kay Denny, Executive Dept. , Extra Help, 8/3/7g. Kenneth Brooks, Water Distribution, Extra Help, 8/13/79. Robert Anderson, Water Distribution, Extra Help, 8/13/7g. Linda G. Cooper, Operator Trainee, Wastewater Facilities, 8/17/79 Motion by Commissioners Swanson and Stewart to approve separations, carried unanimously. NOTICES OF EMPLOYMENT Brian Barnes, Accounting/Treasurer, Staff Programmer, $6.06 per h'r., 8/6/79. Richard Alan Stallman, Wastewater Treatment, Operator Trainee, $5.39 per hr., 8/20/79. Kenneth Richard Wilson, Wastewater Treatment, Operator Trainee, $5.39 per hr., 8/21/79. Michael Joseph LaFrance, Wastewater Treatment, Operator Trainee, $5.39 per hr., 8/22/79. Motion by Commissioners Stewart and Swanson to approve notices of e~nployment, carried unanimously. SUMMONS & COMPLAINT - Lee Lopriore Clerk presented Summons & Complaint regarding Lee Lorpriore vs. Northwest Yacht Construction, Inc., et al. She explained that the City has a water lein on the property and this is the reason the City is involved. She stated it has been sent to the City Attorney's office. REQUEST FOR REVIEW - Citizens for Sensible Residential Zoning, Inc. Clerk presented Request for Review regarding Citizens for Sensible Residential Zoning, Inc. vs. the City of Bremerton and Douglas E. Weeks. She stated this has been referred to the City Attorney's office. RESERVOIR REPAINTING BIDS Clerk read memo from Water Distribution Supervisor, dated Aug. 20, 1979, which stated only one bid was received for the repainting of Reservoirs 46 and that it was higher than the engineer's estimate. The memo recommended that the bid be rejected and call for bids again. Motion by Commissioners Swanson and Stewart to reject bid for repainting of reservoirs and call for bids again, carried unanimously. Mayor Jarstad entered the meeting at this time. COUNTY FRANCHISE - Water Main Installations and Appurtances Clerk read memo from Water Superintendent, dated Aug. 17, 1979, attached to which was proposed county franchise for water main installations and appurtances, Motion by Commissioners Swanson and Stewart to approve County Franchise for water ~ai'n fnstallation and appurtances and send to County Engineer's office for approval and signatures, carried unanimously. CITY CO~ISSIONERS' MINUTES August 21, 1979 Page two CANAMERA PACIFIC LEASE Clerk read letter from Pacific First Federal Savings & Loan Association, dated Aug. 6, 1979, which stated that any lease which is entered into and becomes the basis for their security interest must have at least a 25-year term. Clerk stated the lease is now for ten years, with a ten-year renewable clause. She explained that there are no restrictions to anything the City Council considers reasonable. Motion by Commissioner Stewart and Mayor Jarstad to approve 25-yr. lease, carried unanimously. GATES - EVERGREEN PARK Clerk read memo from City Engineer, dated Aug. 20, 1979, which stated the Engineering Dept. has determined that if Park Dr. is closed by a gate, there will not be enough room to turn an emergency vehicle or any automobile around at the end of the street. The memo recommended that if gates are installed, "Dead End" signs be installed at each end of Park Dr. and consideration be given to a turn-around at the north gate. Mayor Jarstad requested that this be sent to the Parks Superintendent for study and recommendation. ELECTRICAL WIRING AT ROOSEVELT FIELD Clerk read memo from City Engineer, dated Aug. 20, 1979, which requested that wiring be changed to remove service wires from the Puget Power poles at Roosevelt Field so that the poles may be moved to allow the street construction on Warren Ave. 15th to 16th to proceed as scheduled. Jim Root, City Engineer, explained the work to be done and stated he had received an estimate of $4,400.00 from Pacific Electric to correct the wiring and having all wires properly installed. Commissioner Swanson stated that Puget Power will not move the poles at the present time wired the way it is and the improvement to Warren Avenue cannot be started until those poles are moved. Mr. McCluskey stated that this constitutes an emergency situation. Motion by Commissioner Swanson and Mayor Jarstad to waive bid call and authorize necessary electrical work, due to an emergency situation, and take monies from General Fund, carried unanimously. ORDINANCE, FIRST READING - Kitsap Lake Area Clerk read, first reading, "AN ORDINANCE amending the use and area maps of Ordinance No. 1792 (Kitsap Lake Area)". Motion by Mayor jarstad and Commissioner Swanson to approve ordinance on first ~g, by title only, carried unanimously. RESOLUTION NO. 1821 - Revising Equipment Rental Rates Clerk read, "A RESOLUTION revising the rates for use of equipment in the Equipment Rental Fund effective August 1, 1979 and superseding the rates established by Resolutions 1793 and 1812". Motion by Commissioner Swanson and Mayor Jarstad to pass Resolution No. 1821. Un"~'d'~'discussion: Commissioner Swanson stated this new rate schedule brings the equipment rental rates more into line with outside rates. Commissioner Stewart stated he felt mileage should be figured in the rates. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. PROPERTY AT 123 ACORN Clerk read letter from Mrs. Lola A. Faulkner, dated Aug. 20, 1979, which stated that the property located at 123 Acorn was declared a fire hazard by Jack Horton of the Bremerton Fire Dept.; that the situation has not been corrected; and she ~uld appreciate the City Council letting her know when it will be taken care of. Mayor Jarstad requested that it be directed to the City Attorney's office for answer. BLOCK GRANT HEARING Clerk reminded the City Commissioners of the Community Block Grant Hearing to be held:tonight at 7:00 P.M. at Bremerton School Administration Build~'n~. -2- CITY COMMISSIONERS' MINUTES August 21, 1979 Page three BILLS Motion by Mayor Jarstad and Commissioner Swanson to give blanket approval to vouchers 11830 thru 11835 inclusive in the amount of $28,565.86 and vouchers ~|:8~7 thru ~937 inclusive in the amount of $75,827.47, audited by Darlene Herrmann, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Abstain due to a minute interest in ITT Grinnell; Commissioner Swanson, Yes. PARKING AGREEMENT Commissioner Swanson announced that an agreement had been reached regarding the parking lot behind City Hall (11 parking spaces. for City Hall patrons). He stated he would like to sign another six-month lease with a $25.00 per month ~ncrease. Motion by Commissioner Swanson and Mayor Jarstad to accept Agreement for 11 parking spaces behind City Hall, at an increase of $25.00 per mo., with the same conditions as the original agreement, carried unanimously. PUBLIC RECOGNITION John McConnell spoke of the amount of litter in downtown Bremerton, especially around McDonald's. He stated he felt containers should be provided to dispose of the litter and the store itself should be responsible for picking it up. Commissioner Stewart stated the owner or manager of the store cannot be held responsible for litter that is blocks away; that it is the individual who actually does the littering who is responsible. Considerable discussion followed and it was the consensus of the Council to ask the manager of McDonald's to clean up the litter around his establishment. It was also suggested that Brem- Air be requested to make more frequent pickups of containers. Meeting recessed from 10:05 A.M. until 10:30 A.M. Mr. McCluskey left the meeting and Ms. Conoley entered the meeting it this time. Steve Foust, supervisor at McDonald's, stated that they will purchase additional garbage containers and make sure they are emptied. He stated they will also send their employees to police the area every hour and make sure litter is picked up. TAPE #165 GREEN APPEAL (A) 248 Motion by Mayor Jarstad and Commissioner Stewart to hear Green Appeal at this time, carried unanimously. Commissioner Swanson stepped down because he lives in the area and has withdrawn from the other proceedings. Ms. Conoley asked if there were any objections to Commissioner Stewart or Mayor Jarstad sitting on this appeal. Myrna Green, 3702 Cartier Dr., asked why Commissioner Swanson could sit previously but he could not today. Ms. Conoley explained that he stepped down because he wanted to; that there is a quorum with the other two commissioners and it was not necessary that Commis- sioner Swanson sit on this appeal. Mrs. Green stated she wanted it noted that they were called last week and told that Mayor Jarstad would not be present, but it would be all right for Commissioner Swanson to sit on the appeal. Ms. Conoley stated it is legal for this body to hear this particular appeal and she asked that Mr. Green present the basis for appeal. Robert Green, 3702 Cartier Dr., explained the background and discussed numerous letters received from the City since his original application for shoreline permit. He stated his appeal is based on the fact that a variance permit was applied for when the shoreline program was not in effect and the variance was not necessary. He stated he had applied for a variance that was not needed and the City failed to notifv him that the shoreline program was not in effect. Ms. Conoley explained that ~he City did not know the shoreline program was not in effect at the time he applied for a variance. Mr. Green maintained that his vested rights were in effect; that the variance permit is a part of the process and when he applied for the variance, that vested his rights. He stated further he feels they have been discriminated against because others received extensions on their substantial development permits when his was denied. -3- CITY COMMISSIONERS' MINUTES August 21, 1979 Page four Ms. Conoley explained that the Council could hear only Mr. Green's appeal regarding the denial of a building permit and his comments should be limited to this one issue. Mr. Green stated they are trying to establish a case on discrimination. Ms. Conoley requested that he submit a written report and confine his remarks to the appeal. Mr. Green reiterated his remarks and stated his contention is that vested rights were obtained when he applied for a variance; that is the first step in obtaining a building permit. Myrna Green, 3702 Cartier Dr., stated their appeal is also based on the incorrect information they received when they originally applied for a building permit. ~he stated they never needed a variance in the first place. She stated the City Attorney's office, the City Council and every City department must be held responsible for the incorrect information that was given to them. Hearing recessed for bid opening. Commissioner Swanson re-entered the meeting at this time. BID OPENING Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, carried unanimously. Printing B&O Tax Statements: Moore Business Forms, Inc., $50.00 cashier's check enclosed, $2,602.95. Burroughs Corp., $50.00 money order enclosed, $3,154.64. Standard Register Co., $50.00 cashier's check enclosed, $2,123.69. Motion by Commissioner Stewart and Mayor Jarstad to award bid to Standard Register 'Co. as low bidder, subject to meeting all specifications, carried unanimously. Commissioner Swanson left the meeting at this time. GREEN APPEAL (continued) Myrna Green stated she feels that the reason they have to draw everything out is that they have not had any continuity from the City Council and City Attorney's office; that the City Council and City Attorney's office have not been prepared. Commissioner Stewart stated he has been present at every hearing or meeting and Mrs. Green thanked Commissioner Stewart. She stated there have been three City Attorneys present at different times and the fact that none of them have had all the correspondence available and are not aware of all the facts pertinent to the case is the continuity she is speaking of. Marilyn Schlichting, 2461Snyder, stated she thinks the building is too large for the lot and to her, this is the issue. Ms. Conoley asked her to limit her comments to the issue at hand, denial of the building permit. Ken Attebery, Planning Director~ stated he recommended denial of the building permit because DOE passed an emergency resolution on June 22, 1979 adopting the Bremerton Shoreline Master Program. He stated the Greens applied for a building permit on July 25, 1979 and this Program was in effect at that time. He stated his decision was based on the passage of the emergency resolution. He stated further that the lower level did not meet the Building Department's definition of a basement and the plan submitted indicated that the necessary 25-ft. setback was not met. Mr. Green stated he will make his building conform to the zoning ordinance if it does not conform at the present time. Ms. Conoley stated the only thing to be considered today is whether the plan conformed to the shoreline maste program at the time of application and whether the Planning Director made the proper decision. -4- CITY COMMISSIONERS' MINUTES August 21, 1979 Page five Discussion was held regarding a letter from Dr. Campbell of Municipal Research, dated Aug. 7, 1979, which agreed with the recommendation of the Planning Director to deny the building permit application. Mr. Green stated he did not consider this a valid letter as no research was done; that none of the past history was given to Dr. Campbell. Mayor Jarstad stated that Mr. Green feels his application for variance is the same as a request for a building permit and Ms. Conoley stated that Washington State law clearly states that rights do not vest until application for a building permit is made. Motion by Mayor Jarstad and Co~nissioner Stewart that the Planning Director did act properly in making his recommendation that the building permit be denied because it did not fall within the guidelines of the currently adopted shorelines plan and the setbacks were not proper according to that plan. Under discussion: Commissioner Stewart stated he does not have any other legal opinions to find the Planning Director in error. Motion carried unanimously. Ms. Conoley informed Mr. and Mrs. Green that they can appeal this decision to the Shorelines Hearings Board. COMMISSIONERS' REPORTS Commissioner Stewart: 1. Stated revenue from the Parking Garage has hit an all-time high; that the garage is full almost all the time. 2. Stated the amount of business activity in the downtown area has really improved the last quarter. Mayor Jarstad: 1. Discussed arbitration for the Police Dept. and stated the arbitrator compared the ranks with other cities of comparable size and found Bremerton was fifth for the beginning ranks. It was her decision to hold down the pay of the lower ranks because they were already way above the other cities. Commissioner Stewart asked about the retroactive pay and it was explained that retroactive pay will not be issued until the contract is signed. Mayor Jarstad stated he has asked Carey Donworth to prepare the contract in~ediately. Commissioner Stewart stated that if they can get the information to payroll, they can get organized. Clerk stated there should be a special run for retroactive checks. CIVIL SERVICE RULES Commissioner Stewart stated he would like to have the Civil Service rules for the next meeting. He stated the Civil Service Commission seems to be in agreement and he would like the City Attorney's office to move on it. Motion by Commissioners Stewart and Swanson to have City Attorney's office work on Civil Service Rules so the Council can move on it, carried unanimously. Meeting recessed from 11:50 A.M. until 7:00 P.M. TAPE #165 COMMUNITY BLOCK GRANT HEARING (A) 1852 Motion by Commissioners Stewart and Swanson to hold hearing at this time, carried unanimously. Hearing was opened at 7:05 P.M. in the Bremerton School Administration Building with Commissioner Stewart presiding. Also present were Commissioner Swanson and City Clerk Mandio. Mayor Jarstad was absent. Colleen Donley, Block Grant Coordinator, presented the agenda and gave the back- ground on Evergreen Memorial Pool. She stated that at the June 19th hearing, the Park Dept. recommended that the pool not be rehabilitated because of costly future repair expenses and operating expenses; that a time extension was requested to allow the Smith Neighborhood Association time to review the Park Department's recommendation. She stated the Smith Neighborhood Association has reconfirmed their support of repair of the pool and also recommended that the $17,000 budgeted this year for operation of the pool be added to the $35,000 budgeteOlforrePa~ of the pool. -5- CITY COMMISSIONERS' MINUTES August 21, 1979 Page six Ms. Donley stated that three firms provided preliminary cost estimates on what it would cost to bring the pool back to an operable state: Harry B. Rich, $115,179; Lent's Inc., $32,643; and Whitmarsh Watermill, $32,986. Omar Bradburn, 1311 Park Ave., discussed inflation and stated the estimates might be much higher than originally proposed. He wondered why the recommendation not to rehabilitate the pool took so long and Commissioner Stewart explained it was because the Smith Neighborhood Association requested an extension to review the Park Department's recommendation. Isaac Soriano, 520 Burwell, discussed raising money several years ago to fix the pool and stated nothing was done at that time. Jerry Soriano asked what the cost estimate would be to build a new pool vs. trying to rehabilitate this pool and keep it up. He stated it might pay just to keep this pool around because he doubts that the City will ever have enough money to build another pool. Commissioner Stewart stated the new pool is built more efficiently and it will be a self-paying operation. He stated there is more involved than just the cost to rehabilitate Memorial Pool. George Coombs, 1310 Park, discussed the new pool and stated there isn't enough open time for the young people to swim; that they are swimming in the bay instead of using the new pool. Mr. Frickie, 3703 Arsenal Way, stated there are very few people who will drive to the east side to take their families swimming because of the gas shortage and expense. Mr. Coombs stated the Smith Neighborhood wants the pool for the whole City, not just for their neighborhood. Discussion was held regarding the cost estimates and Commissioner Stewart stated it should be determined exactly what has to be done and how much it will cost. Bill Woods stated the proposals that have been received are to replace the operating equipment and some of the piping. An alternative use for the pool repair and operation money was discussed. The alternative was that the funds be used to hire a park and playground consultant to design and implement feasible improvements to Evergreen Park and augment the improvements planned for the Smith Playfield; this design effort should also include a study of alternative park uses for the Street Dept. property at 14th & Sheldon Blvd. Once the preliminary design and cost estimates are determined, the Neighborhood Association would like to determine whether approximately $10,000-$15,000 of the park development money could be set aside to help supplement the existing alley improvement budget of $5,000 to allow the alley between 8th & lOth Streets and Warren & Park to receive drainage, grading and paving improvements. Ms. Donley stated the alternative proposal would result in transferring the $35,000 presently budgeted for pool repair and the $17,000 presently budgeted for pool operation to the Block Grant Park & Recreation budget for use in the Smith Neighborhood. Commissioner Swanson stated he felt it would cost approximately $2,000 to determine what needs to be done to Memorial Pool and how much it will cost. Jim Root, City Engineer, agreed. Motion by Commissioners Swanson and Stewart to authorize investment of up to $2,500 for a bona fide inspection of Memorial Pool to determine what needs to be done and how much it will cost, carried unanimously. Motion by Commissioners Stewart and Swanson to proceed with repair of the pool if it can be done with the money available and if it is guaranteed for five years; if not, to proceed with the entire alternative recommended by the Smith Nei~ghbc~ho:e!~. carried unanimously. -6- CITY COMMISSIONERS' MINUTES August 21, 1979 Page seven Motion by Commissioners Swanson and Stewart to transfer $17,000 from pool operation ~ck Grant Park and Recreation budget, carried unanimouslY. TRANSFER OF MARION AVENUE FUNDS Ms.'Donley stated that the planning Dept. has requested that the funds not needed to complete the Marion Avenue Temporary Pathway Improvements be transferred to the Charleston/National Street and Drainage Improvements budget and be used toward the development of engineering specifications; that this transfer of funds would make approximately $15,000 available for the second phase of the street and drainage improvements. Mr. Frickie, 3703 Arsenal Way, stated the neighborhood group has concurred with this recommendation- Motion by Commissioners Stewart and Swanson to approve transfer O~ funds as stated above, carried unanimously- Meeting adjourned at 8:45 P.M. d~o City Clerk Approved: -7-