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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 -2- 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. -5- 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: -6-