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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: