HomeMy WebLinkAbout07/24/79 UNAPPROVED MINUTES
CITY COMMISSIONERS' MEETING MINUTES
nly 24, 1979 App (W D
TAPE #162 Regular meeting of the City Commissioners of the City of Bremerton, Washington,
(B) was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday,
July 24, 1979 at 9:00 A.M. with Mayor Jarstad presiding. Also present were
Commissioner Stewart, Commissioner Swanson, City ClerkMandio, Asst. City
Attorney Haberly and representatives of the press and radio.
Meeting was opened with the Pledge of Allegiance and invocation was given by
Rev. Glen Soule of the Manette Co~nunity Church.
MINUTES OF JULY 17, 1979
Motion by Commissioners Swanson and Stewart to approve minutes as circulated,
carried unanimously.
SEPARATION
Kenneth L. Baum, Wastewater, Serviceman II, 7/20/79.
Motion by Commissioner Swanson and Mayor Jarstad to approve separation, carried
unanimously.
NOTICES OF EMPLOYMENT
Ruby J. Eyler, Executive Dept., Extra Help, $4.00 per hr., 7/23/79.
Phyllis L. Buehler, Accounting/Treasurer, $4.15 per hr., Extra Help, 7/16/79.
Robert W. Anderson, Water Distribution, Extra Help, $7.50 per hr., 7/23/79.
Anthony D. Moore, Street Dept., Extra Help, $7.50 per hr., 7/23/79.
Kenneth Dean Brooks, Water Distribution, Extra Help, $7.50 per hr., 7/23/79.
Motion by Mayor Jarstad and Commissioner Swanson to approve notices of employ-
ment, carried unanimously.
CHANGES OF PAY STATUS
Robert N. Johnson, Police Dept., 2nd yr. to 3rd yr. Patrolman, $7.23 to $7.58
per hr., 7/18/79.
Jeffrey V. Kelly, Police Dept., 3rd yr. to 4th yr. Patrolman, $7.58 to $7.93
per hr., 7/26/79.
Ted Johnson, 4th yr. Patrolman to I.D. Officer, Police Dept., $8.01 to $8.53
per hr.~ 7/16/79.
DnWane Williams, Engineering, Extra Help, $4.00 per hr., 7/23/79.
Daniel Ritzman, Engineering, Extra Help, $4.00 per hr., 7/23/79.
Ronald F. Mox, Police Dept., 2nd yr. to 3rd yr. Patrolman, $7.23 to $7.58 per
hr., 8/1/79.
Motion by Mayor Jarstad and Commissioner Stewart to approve changes of pay
status, carried unanimously.
EMPLOYEES' RETIREMENT FUND FOR JULY~ 1979
Motion by Commissioner Stewart and Mayor JarstaH to approve retirement fund in
the gross amount of $3,080.28, audited by John Ross, carried unanimously.
PRIVATE CARRIER SERVICES (Arrow Cab Co.)
Clerk read letter from Robert P~esner, no date, which requested that the phrase
"the entire city" be omitted from the contract for private carrier service.
The letter stated that Arrow Cab Co. agreed to provide carrier service for
Marine Dr. residents, but it would not be profitable for them to take care of
the entire city. The letter stated further that "the entire city" be omitted
or a profitable means of doing this service be worked out. Commissioner Stewart
suggested that Mr. Maesner meet with him to discuss this service and Mr. Maesner
agreed.
CLAIM FOR DAMAGE
Morgan Johnson, $171.31. The claim stated his car was parked outside Roosevelt
Field when a ball hit the top of it and put a dent in the roof. Clerk stated
the claim had been referred to the insurance company.
NOISE COMPLAINT - Ellis White, Harlow Dr.
Clerk stated that Chief of Police Devery had c~ntacted Mr. White and he is still
~o~k~n~ ~n,~hi~ matter.
CITY COMMISSIONERS' MINUTES
July 24, 1979
Page two
CA~L FOR BIDS.- Asphalt Infra-Red Heater
Clerk read memo from Equipment Rental Supervisor, dated July 18, 1979, which
requested permission to call for bids for one new Asphalt Infra-Red Heater
to be used by Street Dept. for patching streets.
Motion by Co~missioners Swanson and Stewart to approve call for bids for one
mew Asphalt Infra-Red Heater, carried unanimously.
CONTRACT TIME EXTENSION - Timber Sale No. 2
Clerk read memo from Water Superintendent, dated July 20, 1979, which recommended
that a 30-day time extension be granted to Lewis Hahn Logging Co. on the Timber
Sale No. 2.
Motion by Commissioners Stewart and Swanson to follow recommendation of Water
Superintendent and grant 30-day time extension, carried unanimously.
~TAPE #162 GREEN VARIANCE REQUEST, 1976 SHORELINES PLAN
(B) 152 - Robert Green, 4230 Kitsap Way, explained to Mayor Jarstad what was discussed
last week regarding the State's failure to adopt the 1977 Shorelines Plan. He
stated that since the Plan was invalid at the time of his variance request, he
did not need a variance and he requested that he be allowed to build on the
property according to the provisions that were in effect at that time (the 1976
Plan). He stated further he plans to file for a building permit tomorrow.
Commissioner Stewart stated there is some injustice here; that he had talked to
Bob Jensen, Asst. Attorney General, and Mr. Jensen felt Mr. Green had a pretty
good case as far as the variance was concerned because the Shorelines Plan had
not been formally adopted.
Ms. Haberly stated that the Greens have an appeal pending and she suggested that
they continue their appeal; that the Shorelines Hearings Board will either reverse
the City's decision or direct it back to the City. Mr. Green stated he plans to
apply for a building permit tomorrow based on the 1976 Plan. Ms. Haberly stated
they could also dismiss their appeal; that at this point their appeal is within
the jurisdiction of the Shorelines Hearings Board and if it were dismissed, the
City could act on it further.
Myrna Green, 3072 Cartier Dr., stated the only reason they are present today is
that Commissioner Swanson could not help make a decision last week and they had
to wait for Mayor Jarstad to be present. Commissioner Swanson stated that even
though this is not a published hearing, he would step down. Commissioner Swanson
stepped down and left the Council Chambers.
Mr. Green stated he is requesting the City to set aside the restrictions of the
Bremerton Shorelines Program that were not valid when he applied for a variance
in Feb. 1979 and allow him time to prepare the plans. He stated again that he will
file for a building permit tomorrow. Commissioner Stewart stated that Mr. Jensen
agrees that filing for a building permit gives them vested rights. Mr. Green
stated that he is only asking for the City to ease the way for them so they don't
have to go to court.
Mrs. Green asked if the Mayor and Commissioner of Finance have the right to
correct a wrong that was done to them. She then asked why they should have to
spend more time and money when the City has already cost them time and money.
Mayor Jarstad stated that if there is an appeal, the Shorelines Hearings Board
could reverse the City's decision regarding the variance. Mrs. Green asked why
they need to appeal something that they did not need in the first place. She
then asked what Shorelines Plan is in effect right now. Commissioner Stewart
stated the 1977 Plan is in effect at the present time. Mrs. Green stated they
are only asking for a time extension and asked why the Council does not have the
right to grant a time extension. Mayor Jarstad explained that when the Council
takes an action, they want'to be able to defend it in court. Ms. Haberly stated
that a public hearing must be set if the Greens want the variance decision
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CITY COMMISSIONERS' MINUTES
July 24, 1979
Page three
Mrs. Green stated.that they did not need to apply for a variance in the first
place. She stated that this was an error made by the State and all they are
asking is that they be allowed time to prepare plans and use the laws that were
in effect at the time they originally applied.. She asked again why the .Mayor
cannot correct an error made and Ms. Haberly explained that the only way to
correct this error is to go'through the hearing procedure. Considerable dis-
cussion followed regarding the variance and time extension and it was the
consensus of the Council that the 1977 Shorelines Plan is in effect and there
is no way a building permit can be issued on the 1976 Plan.
Mayor Jarstad asked the Planning Dept. and City Attorney's Office to prepare a
written report and meet with him to discuss it. He stated he would make their
comments available to the Greens. He stated he also wants to know some courses
o~ action that can be taken by the City and the Greens and he would like this
information within a week. Mrs. Green stated that would be too long; that the
hearing is Thursday and they need it before that time. She asked why they have
to sue for something that was their legal right originally~ Ms. Haberly stated
she could have the report Thursday. Mr. Attebery stated that one of the courses
of action the Greens should take is to get their building permit in as soon as
possible; that he does not know of any provision that will allow the City Council
to grant them an extension.
Ms. Haberly left the meeting and Mr. McCluskey entered at this time.
Mr. McCluskey explained that the City Council cannot do anything today; that
once application is made for a building permit, the Building and Planning Depts.
have the power to approve or deny it. Discussion followed regarding whether
an appeal is necessary and whether a time extension can be granted. Mr. McCluskey
stated that until a building permit is in process, nothing can be done.
Meeting recessed from 10:55 A.M. until 11:05 A.M.
Mrs. Green demanded an answer to her questions and Commissioner Stewart stated
that the Council cannot take any action today. Mayor Jarstad stated that the
Council has asked for written advice from the City Attorney's office and until
that is received, nothing can be done. Mr. McCluskey suggested again that they
apply for a building permit.
Commissioner Swanson re-entered the meeting at this time.
WATER HOOK-UP CHARGES (Jori Hall)
Jon Hall was present to protest a charge of $3,700.00 for him to hook up to City
water. He stated he owns 2½ acres on Central Valley Road and this is what it
will cost him to hook up to City water. He asked that the City Council consider
a reasonable lot size; that his home is only on a small portion of his property.
Commissioner Stewart stated that Mr. Hall's lot size for his house is approximately
150' x 150' and he suggested that Mr. Hall obtain a legal description of this
portion and the City charge accordingly for the hook-up. Mr. McCluskey stated
that the ordinance does not read that way and it would have to be amended in order
to do something like that. He stated it would be difficult to monitor the
property to make sure it is not being used. He stated further the reason for
the ordinance is to recoup the City's costs through a general facilities fee.
Mr. Hall requested that the ordinance be amended. Commissioner Swanson stated
he would like further discussions with the Water Superintendent.
Chuck Moore, Water Superintendent, discussed water service in rural areas and
stated there is a lot of capital investment. He stated that unless it is a
recorded legal description, it would be very difficult for his department to
monitor all these smaller pieces of property. He recommended that the ordiance
not be amended. Commissioner Swanson stated he will pursue this further. Mr.
Hall again requested that the ordinance be amended.
CITY COMMISSIONERS' MINUT~
July 24, 1979
Page four
PUBLIC RECOG~ITIOM
Myrna Green, 3702 Cartier Dr., stated there are three issues that have been
brought before the City departments and nothing has been done. She stated
she wants a pipe on her property removed; a cedar tree was cut down by City
crews and she wants it replaced or wants to be compensated; her neighbor's
fence is higher than i~'should be according to. City standards and she wants
it corrected; and the neighbor across the street is encroaching on City property
and she wants this corrected also. Commissioner Swanson stated the cedar tree
will be replaced. Mrs. Green stated that City crews will have to plant it,
water it and guard it so no one pulls it up. Commissioner Swanson stated that
the City Engineer has had some surveying done regarding encroachment of the pipe
on the Green's property.
Jim Root, City Engineer, stated the storm drain on the overflow does intersect
the Green's property line about 20 ft. fcom its northerly border. He stated
there is a leak in that pipe. Mrs. Green stated she has contacted the Health
Dept. and they are supposed to take a sample; that the pipe leaks because the
pipe has been broken. She asked what action will be taken regarding the pipe
and Commissioner Swanson stated it will be investigated further to determine if
an easement has been granted. Mrs. Green stated an easement has never been
granted and she requested that the City compensate her for the use of her land.
Mr. McCluskey explained that the land was taken, if not by easement, then by
adverse condemnation in 1956. Commissioner Swanson stated the situation will
be investigated to determine if it is feasible to cut the pipe off and possibly
by-pass the property. Mrs. Green stated then that she would like to have the
pipe repaired so it does not leak if she is stuck with it on her property and
Commissioner Swanson stated that would be taken care of.
Mrs. Green asked what action she can expect on the neighbor's fence and the
structure on the road which requires the bus to take a wide turn. Commissioner
Swanson stated this is being surveyed and when the reports are received, they
will be referred to the City Attorney's office for action if it is justified.
Mrs. Green requested that she be notified by letter and Commissioner Swanson
stated he would do so.
CRIM~ ALERT GRANT
Clerk read memo from City Auditor, dated July 23, 1979, which stated that the
City has been requested to pay $3,300.00 direct to Poulsbo Ford for a vehicle
for the Kitsap County Sheriff's Department; that the City will be reimbursed
from the Crime Alert Grant. Clerk recommended that the County make this expendi-
ture and the City reimburse the County when these funds are received.
Motion by Mayor Jarstad and Commissioner Stewart to follow recommendation of
City Clerk as stated above, carried unanimously.
REQUIREMENTS OF ROOFING CONTRACTOR (Letter from Bremerton Roofins)
Clerk presented letter from Bremerton Roofing, dated July 19, 1979, and stated
copies had been distributed to the Commissioners, Fire Dept. and Building Dept.
Motion by Commissioner Stewart and Mayor Jarstad to postpone discussion on the
letter until a report has been received from the Fire Dept. and Building Dept.,
carried unanimously.
R/W DEED - ~eaton WaN (Smith)
Clerk read memo from City Engineer, dated July 19, 1979, attached to which was
a Warranty Deed and Release from Douglas Smith for right-of-way on Wheaton Way
from Sylvan Way to Broad.
Motion by Connnissioner Swanson and Mayor Jarstad to accept Warranty Deed and
Release, refer to City Attorney's office for approval as to form and City Clerk
for recording, carried unanimously.
HEARING DATE - Ryan, et al Rezone
Clerk announced that Ryan, et al Rezone hearing has been set for Aug. 14, 1979
at 7:30 P.M. in' the Council Chambers. She stated she had received a request
from interested neighbors to have this hearing in the evening.
CIIY COMMISSIONERS' MINUTEb
July 24, 1979
Page five
APPLICATION FOR DUPLICATE INSTRUMENT
Clerk read memo from City Auditor, dated July 20, 1979, attached to which was
Application for Duplicate Instrument for a warrant in the amount of $455.51 which
was lost. She stated the signatures of the Mayor and Commissioner Stewart were
necessary to obtain a duplicate warrant.
AMBULANCE COMPLAINT
Clerk announced that the letter from Mr. Mussman would be held until next week
to allow Leyde Enterprises a chance to be present.
TEMPERATURE IN CITY COUNCIL CHAMBERS
Clerk read letter from Planning Commission, dated July 17, 1979, which stated
the temperature was 94° at 8:30 P.M. in the Council Chambers on July 17, 1979.
The letter suggested that City Council set an amount of money into the next
City budget to make building modifications which will hold the temperature at
a maximum of 80°, with sufficient air exchange to meet Health Dept. standards.
Commissioner Stewart stated that specs should be written and advertise for bids.
Commissioner Swanson agreed that this is a subject that is worth pursuing and
he stated he would ask the Engineering Dept. and Building Dept. to write some
specs.
DEED OF RIGHT TO USE LAND FOR PUBLIC' RECREATION PURPOSES (White's Blueberry Farm)
Clerk presented Deed of Right to Use Land for Public Recreation Purposes for
White's Blueberry Farm.
Motion by Mayor Jarstad and Commissioner Stewart to accept Deed of Right to Use
Land for Public Recreation Purposes, carried unanimously.
LICENSE APPLICATION
Clerk presented application from Chamber of Commerce for a sidewalk sale July
27 and 28, 1979.
Motion by Commissioners Stewart and Swanson to approve application for sidewalk
sale~ carried unanimously.
VENDING MACHINES FOR SWIMMING POOL
Clerk s~ated she had received several proposals for vending machines at the new
swimming pool; that she and the Parks Superintendent recommend that the proposal
of Interstate United be accepted. She stated the terms will be full maintenance
and operation by Interstate United and split of the proceeds with the City.
Motion by Commissioners Swanson and Stewart to accept proposal of Interstate
United for vending machines, carried unanimously.
PERSONAL USE OF CITY CARS
Clerk read letter from Nancy Cramer, no date, which stated she saw an unmarked
City car coming out of the Tacoma Mall at 8:00 on a Friday night. She stated
Chief Devery, his wife and two teenage daughters were in the car and she objected
to City cars being used ~ut of the City limits for personal use. Mayor Jarstad
explained that Chief Devery had the Mayor's permission to use the City vehicle
for personal use because his other vehicles were tied up. He stated Chief DeYery
paid for the gas and all costs associated with this trip and it was an authorized
use of the vehicle. He stated he will write to Ms. Cramer and explain it to her.
AGREEMENT - Wayne Cowley (Establishment of Work Standards)
Clerk presented Agreement between the City and Wayne Cowley for establishment of
work standards in the City. Commissioner Swanson stated he had reviewed the
contract with Mr. Cowley and he is satisfied with it. He stated it appears that
there is a maximum cash flow of $5,000.00 at any one time.
Motion by Commissioners Swanson and Stewart to approve entering into contract with
Wayne Cowley~ carried unanimously.
ORDINANCE NO. 3540 - Office Asst. III Position in Wastewater Dept.
Clerk read, second reading, "AN ORDINANCE creating a position of Office Assistant
III in the Wastewater Department".
Motion by Commissioners Swanson and Stewart to pass Ordinance No. 3540, by title
'only, carrie~ as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes;'Commis-
sioner Swanson, Yes.
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CITY COMMISSIONERS' MINUTE~
July 24, 1979
Page six
ORDINANCE NO. 3541 - Ambulances, Repealing Ord. No. 3012
Clerk read, first reading, "AN ORDINANCE repealing Ordinance No. 3012, as
amended by Ordinance No. 3024, codified as BMC 5.50, relating to ambulances
and the licensing thereof, and declaring an emergency".
Motion by Commissioner Stewart and Mayor Jarsta~ to pass Ordinance No. 3541,
carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commis-
sioner Swanson, Yes.
T;~E #163 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1980 to 1985
(A)1142 Jim Root, City Engineer, presented the Six-Year Transportation Improvement Pro-
gram for 1980 to 1985. He discussed the priorities and stated funds have been
received for some of them. A copy of the Program is on file in the City Clerk's
office.
RESOLUTION NO. 1817 - Six-Year Transportation Improvement Plan
Clerk read, "A RESOLUTION adopting the revised and extended Six-Year Transporta-
tion Improvement Plan for the period January 1, 1980 to December 31, 1985".
Motion by Mayor Jarstad and Commissioner Swanson to pass Resolution No. 1817,
carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner
Swanson, Yes.
BILLS
M~tion by Commissioners Stewart and Swanson to give blanket approval to vouchers
11412 thru 11415 inclusive in the amount of $404.tl and vouchers 11419 thru 11500
inclusive in the amount of $75,395.83, audited by John Ross, carried unanimously.
COMMISSIONERS' REPORTS
Commissioner Stewart:
Stated water bills will start going out the last of the month in order to coincide
with retirees' checks. He stated he hopes this will make it easier for people to
pay their bills on time.
Commissioner Swanson:
1. Stated there is enough water right now to continue sprinkling,
2. Stated two wastewater operators have been certified: Earl Gardner, Water
Specialist I and Earl Haynes, Water Specialist II.
Mayor Jarstad:
1. Stated Marty Krafcik, Asst. Parks Superintendent, will be returning to the
teaching profession in the Fall; that this position will not be filled due to
the tight budget. He stated Mr. Krafcik has done an excellent job and he will
continue on a part-time basis.
2. Discussed the Park Bond Issue and stated a decision regarding whether it will
be on the ballot this November will not be made until more discussions are held.
Meeting adjourned at 12:50 P.M.
Kathleen L. Ma~dio, City' Clerk
Approved:
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