HomeMy WebLinkAbout07/17/79 FNAPPROVED MINUTES
CITY COMMISSIONERS' MEETING MINUTES
July 17, 1979 C0Ui\~CiL
AFPROVE[)
TAPE #161 Regular meeting of the City Commissioners of the City of Bremerton, Washington,
(B) 1864 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday,
July 17, 1979 at 9:05 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. Lewis Schultz of the Charleston Baptist Church.
MINUTES OF JULY 10, 1979
'Motion by Commissioners Swanson and Stewart to approve minutes as circulated,
carried.
SEPARATIONS
Anthony Devery, Police Dept., Extra Help, 7/12/79.
- -William S. Gee, Police Dept., Warrant Server, 7/13/79.
P~mela Smith, Parks & Recreation, Playleader, 7/17/79.
Martin Rinke, Parks & Recreation, Serviceman II, 7/4/79.
Bill Sturgeon, Parks & Recreation, Extra Labor, 7/6/79.
Renee Lakey, Parks & Recreation, Playleader, 7/10/79.
Wendell L. Arrington, Street Dept., Serviceman Aide, CETA #4885, 7/13/79.
Motion by Commissioners Stewart and Swanson to approve separations, carried.
NOTICES OF EMPLOYMENT
Susan P. Venard, Street Dept., Extra Help, $3.90 per hr., 7/18/79.
Anthony Devery, Police Dept., Extra Help, $4.00 per hr., 7/16/79.
Richard E. NortOn, Parks & Recreation, Playleader (Summer Band Director),
$150.00 per mo., 6/15/79. ~
Don Ray Mussman, Parks & Recreation, Playleader, $2.90 per h~., 7/9/79.
Rebecca Lackman, Parks & Recreation, Playleader, $3.00 per hr., 7/9/79.
James ~. Lindberg, Parks & Recreation, Extra Labor, $4.00 per hr., 6/25/79.
Motion by Commissioners Swanson and Stewart to approve notices of employment,
carried.
CHANGE OF PAY STATUS
Fred Reinke, Water Distribution, Snmmer Help, $3.75 to $4.00 per hr., 7/9/79.
Motion. by Commissioners Stewart and Swanson to approve change of pay status,
carried.
CHANGES OF PAY STATUS - Judges Pro Tempore
Leonard Kruse, Lawrence Soriano, Christopher J. Bell, David H. Armstrong,
William Kamps and Bruce Martin, Judges Pro Tempore, $11.00 per hr., Municipal
Court, 7/1/79. Mr. McCluskey explained that the salaries are set by Legisla-
ture and the $11.00 per hr. is the City's share.
Motion by Commissioners Swanson and Stewart to approve changes of pay status,
carried.
PAYROLL VOUCHERS
Motion by Commissioners Stewart and Swanson to approve Payroll Vouchers:
Salary Fund, gross payroll for period 6/24/79 thru 7/8/79, $198,034.37; and
Claims Fund, FICA and Bank Service Fees for same period, $7,555.78, audited
by John Ross, carried.
SURPLUS TYPEWRITER - Clerk's Office
Clerk stated her office has a Surplus Olivetti typewriter, Serial #E13-2003746,
and requested that it be transferred to the Water Dept.
Motion by Commissioners Stewart and Swanson to declare typewriter surplus to
the Clerk's office and transfer to Water Dept., carried.
CITY COMMISSIONERS' MINUT~
July 17, 1979
Page two
CHANGE ORDER NO. 1 - Manette Community Building
Clerk presented Change Order No. 1 from Bruce Construction Co. for the instal-
lation of 6 solid core doors with Bommen spring hinge to replace paneled doors
(required by Fire Dept.) and add domestic sprinkler system over stage area and
storage room in the amount of $4,463.86. Clerk explained that the City's share
will be $1,115.96 and will come from Cumulative Reserve.
Motion by Commissioners Stewart and Swanson to approve change order no. 1 as
stated above, carried.
BID AWARD - Life Pak V (Fire Dept.)
Clerk read letter from Asst. Fire Chief, dated July 12, 1979, which recommended
that bid for Life Pak V unit be awarded to Physio Control Corp. for their
alternative II proposal. The letter stated this demo model was demonstrated
. to them and it is at a cost of approximately $600.00 less; that it will serve
their needs quite well and will be satisfactory.
Motion by Commissioners Stewart and Swanson to award bid to Physio Control
Corp. for their alternative II proposal, carried.
BICYCLE FACILITIES HEARING
"C~erk read letter from Kitsap County Bicycle Club, dated July 10, 1979, which
requested that an evening hearing be held toward the end of August regarding
bicycling and bicycle facilities in the area. The letter requested that this
be a joint meeting of the Kitsap County Board of Commissioners and Bremerton
City Council. Ms. Mandio stated she would contact the County Commissioners and
make arrangements for the meeting.
AMENDMENTS TO COMPLIANCE ORDERS FOR NPDES PERMITS FOR WASTEWATER TREATMENT PLANTS
Clerk read memo from Wastewater Facilities Superintendent, dated July 13, 1979,
which stated that amended comliance orders relative to the NPDES Permits for the
two wastewater treatment plants have been received; that the compliance orders
have been reviewed and the only changes are related to the fact that the City
has now completed Step I and has now been awarded a Step II grant. The memo
stated further that the amended orders provide an updated schedule of construc-
tion with which the City must comply.
Motion. by Commissioners Swanson and Stewart to approve amendments and authorize
Mayor and City Clerk to sign for the City. Under discussion: Commissioner
Stewart stated the City will be borrowing approximately 3½ million dollars for
this project; that the interest from the tax-free bonds could be invested at
today's market rates and the City could make about $150,000.00. He stated that
if this project runs over 3 years, it could cause some problems because of
arbitrage laws. Jim Root, City Engineer, stated the design schedule is solid;
that CH2M Hill feels there is no problem meeting the schedule as set down.
Motion carried. -
AGREEMENT WITH DIAMOND PARKING (Lease of 11 Parking Spaces)
Clerk stated the lease with Diamond Parking for 11 parking spaces next to City
Hall can be terminated by either party upon 60 days notice. She stated there
seems to be some concern regarding the types of signs posted for the parking
area and collection from the meter boxes. Commissioner Swanson stated he would
talk to Diamond Parking regarding this and he requested that anyone who has
heard any complaints to submit them to him.
ILLAHEE TRUST LAND
Clerk read letter from DNR, dated July 10, 1979, which stated that a meeting
on development of the Illahee Trust Land will be held July 26, 1979 at 7:30 P.M.,
at Esquire Hills Elementary School. She stated copies have been distributed.
RESOLUTION NO. 1816 - Improvement of Edgewood Dr.
Clerk read, "A RESOLUTION ordering the improvement of Edgewood Drive by the
construction of curbs, gutters and asphalt surfacing".
Motion by Commissioners Stewart and Swanson to approve Resolution No. 1816,
carried as follows: Mayor Jarstad, A~ent; Commissioner Stewart, Yes; Commis-
s/a3x~_r Swanson, Yes.
.CITY COMMISSIONERS' MINUI,
July 17, 1979
Page three
ORDINANCE, FIRST READING - Office Asst. III Position in Wastewater Dept.
Clerk read, first reading, "AN ORDINANCE creating a position of Office
Assistant III in the Wastewater Department".
Motion by Commissioners Swanson and Stewart to approve ordinance on first
reading, by title only, carried as follows: Mayor Jarstad, Absent; Commis-
sioner Stewart, Yes; Commissioner Swanson, Ye~.
CALL FOR BIDS - B&O Tax Statements
Clerk presented requisition from City Treasurer for B&O Tax Statements and
return envelopes.
Motion by Commissioners Stewart and Swanson to call for bids for B&O Tax
Statements and return envelopes, carried.
BILLS
'Motion by Commissioners Stewart and Swanson to give blanket approval to
vouchers 11304, 11305 and 11308 inclusive in the amount of $19~992.65 and
vouchers 11312 thru 11410 inclusive in the amount of $117,965.15, audited
by John Ross, carried.
----ON-LINE COMPUTER SYSTEM
Commissioner Stewart presented a proposal for an on-line computer system that
involves approximately $800.00 worth of software and $80.00 per tube. He
discussed the instant access to the computer by all departments and the elimina-
tion of one more employee in his office. He stated he did not know the exact
savings with this system. Commissioner Swanson requested that this proposal
be held in abeyance for one week. Commissioner Stewart discussed the better
service to customers and the benefits to the Public Works Dept..
Motion by Commissioners Stewart and Swanson to approve contract with Burroughs
as sole source of supply for on-line system, carried.
Meeting recessed from 10:10 A.M. until 10:25 A.M. Mr. McClu~key left the
meeting and Ms. Haberly entered.
PUBLIC RECOGNITION
Ellis White, 5958 Harlow Dr., discussed loud noise in his neighborhood and
stated he has called the police numerous times regarding it, but nothing can
be done because this person owns the property. He stated the noise is worst
between midnight and morning. Discussion followed and Commissioner Stewart
stated the Council will request a report from the Police Dept.
Motion by Commissioners Stewart and Swanson to request report from Police Dept.
at next week's meeting, and also have City Attorney check into it, carried.
PLEARINGS - Leggett Variance Decision & Green Variance Request, 1976 Shorelines Plan
Motion by Commissioners Stewart and Swanson to hold hearings in order listed
above, carried.
TAPE #161 LEGGETT VARIANCE DECISION
(B) 2454 Clerk read memo from Planning Director, dated July 17, 1979, which stated the
Planning Dept. has been communicating with Mr. Leggett and the residents of Fir
and 24th St. to determine conditions for the variance. The memo listed the con-
ditions which seem to be acceptable to the parties involved if the variance is
approved. The memo is on file in the Planning Dept. She then read Conclusions
of Planning Commission Resolution No. 531, which recommended denial of the
variance.
Ken Attebery, Planning Director, stated the property is located on Fir Avenue;
that there is an existing structure on the front of the lot and Mr. Leggett
plans to build a duplex behind this structure. He stated there will be access
to Fir through a 20-ft. easement.
PROPONENT:
Carl Leggett, 3616 NW Breezeway, stated he is willing to do anything reasonable
that the neighbors are requesting, but if they become unreasonable, he will go
]~ack~ build what he is allowed to build; that they would no~ like that since
it wuuld block their view.
CITY COMMISSIONERS' MINUTES
July 17, 1979
Page four
Discussion was held regarding the height of the duplex and Mr. Leggett stated
that he had promised that the height of the duplex would not be any higher
than the existing structure.
Charles Alfred, 2102 East 24th, stated he is doncerned about traffic, elevation
of the duplex and water pressure. He stated he is very concerned about duplexes
going in as close as possible. He questioned whether this duplex could be built
on this lot as it does not have any frontage on a street or alley. He stated he
would like to limit the height to something that is desirable and won't drag
down the neighborhood. Mr. Attebery explained that the frontage requirement
will be obtained through the easement to Fir Ave. Commissioner Swanson stated
that the plans will indicate how high the building will be and if it is too high,
the Building Dept. will not issue a building permit.
Doll Gemmett, 2112 E. 24th St., stated he is totally opposed to the variance;
that it will completely destroy his view. He stated there is already one duplex
there and now Mr. Leggett wants to put in another one. He stated the second
duplex will only be 11 ft. from his property and he wondered if the structure
- - could be moved further to the north to allow a larger setback. Mr. Leggett
r~plied that it could not be moved very far; that there is a concrete bulkhead
that comes out just 12 ft. to the north of the structure. He stated Mr. Gemmett
does not have a view anyway.
Commissioner Stewart stated that if the variance were not granted, the City
will not have any control over the height of the building and more view could
be blocked. Commissioner Swanson stated he would like to see the structure
moved to allow a larger setback. Mr. Attebery stated that Council could advise
Mr. Leggett to locate that property line as far north as possible. Commissioner
Stewart asked Mr. Leggett if he would consider moving the property line 5 ft. to
the north and Mr. Leggett stated he would move it 2 ft. Mr. Gemmett stated he
would agree if it were moved 4 ft.
Motion by Commissioner Stewart to approve variance and move northern property
line 2 ft. to the north to allow a 13 ft. setback. Motion died for lack of
second.
Motion by Commisssioners Swanson and Stewart to approve 15 ft. setback and move
northern property line 4 ft. to the north. Under discussion: Commissioner
Swanson stated the Council tries to have concurrence from property owners before
granting a variance; that he thinks a 15 ft. setback is reasonable. Commissioner
SteWar~ stated that by taking this action, it may force a 2-story building on
that property. Lydia Gemmett, 2112 E. 24th St., stated that everyone has had to
give on this proposal and Mr. Leggett has to 1.ive with his neighbors. At this
point, the residents discussed the proposal among themselves and Mr. Gemmett
stated they will reluctantly accept a 13 ft. setback. Question was not called and
motion died.
Motion by Commissioners Stewart and Swanson to approve variance with the following
conditions: (1) The southern lot of any future subdivision of the property
shall be developed as indicated in the attached plot plan marked Exhibit A
except as need bemodified to meet the following conditions or other code
requirements; (2) The building setback from the south property line shared with
Lots 16 and 17 of Dewey Addition shall be at least thirteen (13) feet; (3) The
height of thepeak of the roof of the structure on the southern portion of the
lot shall not exceed the roof peak height of the existing duplex on the northern
half of the lot; and (4) Adequate foundations and bulkheads are to be constructed
to ensure that excavations or regrading on the site will not damage adjoining
properties, carried.
TAPE #162 GREEN VARIANCE REQUEST, 1976 SHORELINES PLAN
(A) 1336 Ken Attebery, Planning Director, stated that Mr. and Mrs. Green were present to
protest the denial of their variance request. He stated that there contention
is that the 1977 Shorelines Plan was not in effect at the time of their application
CITY COMMISSIONERS' MINUTES
July 17, 1979
Page five
nor at this time. He stated the City's master program was initially drafted
in 1976 and it continued in a draft form until Oct. 1977 when it was adopted
by the City Council. He stated the State was supposed to have held hearings
on the local master programs and eventually they would have been adopted by
the State; that the Shorelines Hearings Board has recently ruled that if DOE
did not adopt master programs through a hearing process, that they were not in
effect. At the present time, it is before the State waiting for adoption.
R~bert Green, 4230 Kitsap Way, stated the Dept. of Ecology failed to formally
adopt the City of Bremerton's Shoreline Plan; therefore it is invalid. Mr.
Attebery stated that State law allows the City to use even a draft plan, so
it is not invalid. Ms. Haberly stated that it has just never been formally
.adopted. Mr. Green requested that the City allow him time to formulate new
plans and build on the property according to the provisions that were effective
at that time, the 1976 Plan. He stated he feels he should get a speedy answer.
He stated he wants to develop his one-family residence there according to the
Plan as it stands. Ms. Haberly stated she needs more time to review it.
M~?rna Green, 3072 Carrier Dr., stated the emergency adoption of the City's
Shorelines Plan was made June 22, 1979; that they applied for a variance before
June 22rid, when the Plan was not in effect and a setback was not necessary.
Ms. Haberly explained that they will not have ~ested rights until they apply
for a building permit. Mr. Green stated he could not apply for a building
permit because he does not have the plans ready. Commissioner Stewart asked
if he would be covered under the old Plan if it is true that the City's Plan
is invalid. Ms. Haberly stated again that to vest his rights, he has to make
a formal application to the Building Dept. She stated that if Mr. Green has
an appeal before the Shorelines Hearings Board, they are the ~roper jurisdictional
body to rule in this matter. Commissioner Swanson stated that the courts will
decide; that the Greens should go ahead with t~eir appeal..
Mr. Green requested that it go on record that they have vested rights and Ms.
Haberly stated they will have to apply for a building permit before their
rights are vested. Commissioner Stewart stated he is willing to request
another opinion from Municipal Research. Ms. Haberly stated the City made its
decision and it is now in the hands of the State.
WORK FORCE ACCOUNT - Repair of Approach to 1st St. Dock
Clerk presented request for repair to approach to First Street Dock in the
amount of $5,000.00.
Motion by Commissioners Swanson and Stewart to approve Work Force Account to
repair approach to First Street Dock, carried.
Motion by Commissioners Swanson and Stewart to use monies from Parking System
Revenue Fund and if it exceeds $5,000.00 to bring it back to Council, carried.
Meeting adjourned at 12:50 P.M.
leen L.Ka Mandio, City Clerk
Approved: