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HomeMy WebLinkAbout11/13/79 ' UNAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES November 13, 1979 TAPE #172 Regular meeting of the City Commissioners of the City of Bremerton, Washington, (A) 1745 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, November 13, 1979 at 9:00 A.M., with Mayor Jarstad presiding. Also present were Commissioner Swanson, City Clerk Mandio, Asst. City Attorney McCluskey and representatives of the press and radio. Cdmmissioner Stewart was absent. MINUTES OF NOVEMBER 6, 1979 Notion by Mayor Jarstad and Commissioner Swanson to approve minutes as circulated, carried. SEPARATIONS Don Mussman, Playleader, Parks & Recreation, 7/24/79. Lori Pursley, Playleader, Parks & Recreation, 7/18/79. Richard Walker, Playleader, Parks & Recreation, 7/24/79. Kelly Alan Pierce, Parks & Recreation, Extra Labor, 9/16/79. Jeffrey White, Parks & Recreation, Extra Labor, 8/12/79. Mike Douglas, Parks & Recreation, Extra Labor, 6/7/78. Michelle Carlson, Parks & Recreation, Pool Guard, 6/1/79. Nancy Seffernick, Parks & Recreation, Pool Guard, 8/20/79. Charles Basic, Police Dept., Warrant Server, 11/16/79. Motion by Mayor Jarstad and Comnissioner Swanson to approve separations, carried. SURPLUS ELECTRONIC WHEEL BALANCER Clerk read memo from Equipment Rental Supervisor, dated Nov. 7, 1979, recoml~ending surplus of one Alemite Electronic Wheel Balancer, Model 7057-2, Serial #183841. Motion by Commissioner Swanson and Mayor Jarstad to surplus above wheel balancer and dispose of in the best interest of the City, carried. AMB!!!.ANEE COMPLAINT Clel'~ presen!:ed letter from Florence Lyngstad, dated Nov. 3, 1979, regarding a transport" charge from Leyde Ambulance. Clerk stated the letter had been distributed and published in the Bremerton Sun. 15th STREET PARKING - Warren Ave. to Park Ave. Clerk stated that a motion was passed last week to make 15th St. one-way east bound from Warren Ave. to Park Ave.; that the issue of parking Was not addressed. She stated that the Engineering Dept. was under the impression that 15th St. already has parking on one side. No action was taken until the parking situation can be verified. WAREHOUSE - RESERVOIR NO. 12 Clerk read memo from Water Superintendent, dated Nov. 13, 1979, which stated that Kau~an Brothers Construction has completed construction of the warehouse; that all phases of the contract have been completed. Motion by Commissioner Swanson and Mayor Jarstad that the warehouse be accepted as complete, subject to issuance of occupancy permi t, carried. PROCLAMATION Clerk presented Proclamation of Mayor: Bible Week, November 18-25, 1979. ORDINANCE NO. 3561 - Adjusting Appropriations for 1979 Clerk read, second reading, "AN ORDINANCE of the City of Bremerton amending Ordinance 3481, as amended by Ordinances 3527, 3528, 3533, 3551, 3555 and 3557, and adjusting appropriations for the year 1979"'. Notion by Mayor Jarstad and Commissioner Swanson to pass Ordinance No. 3561 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Commissioner Swanson, Yes. CITY COMMISSIONERS' MINUTES November 13, 1979 Page two ORDINANCE NO. 3562 - Sewer Service Charges Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 3147, Section IV~ Subparagraph H.2.d. as amended by Ordinance No. 3217, Ordinance No. 3184 and Ordinance No. 3301". Motion by Commissioner Swanson and Mayor Jarstad to pass Ordinance No. 3562 on second reading. Under discussion: Commissioner Swanson stated he was concerned about giving minimum rates to people who are gone in the winter and don't use any water. Mayor Jarstad asked if there is a minimum in the ordinance and Mr. McCluskey stated there is a minimum set by rates. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Commissioner Swanson, Yes. BILLS Motion by Mayor Jarstad and Commissioner Swanson to give blanket approval tO vouchers 13303 thru 13305 inclusive in the amount of $3,514.99 and vouchers 13308 thru 13414 inclusive in the amount of $136,629.91, audited by John Ross, carried. Meeting recessed from 9:15 A.M. until 10:00 A.M. PUBLIC RECOGNITION Field Ryan, Director of Business Services, Bremerton School District, was present to request "fair, legal and proper" treatment as far as the water bills are con- cerned. He stated the School District has been paying water bills since 1906 and he.described the procedures necessary to make payTnent. He stated when they vary from procedures, it takes a great deal of handwork and additional expenses. He stated further that he has talked to other School Districts and the only Districts who have problems are the ones who deal with the City of Bremerton, primarily because the Commissioner of Finance will not try to resolve joint problems. He stated the School District has always worked well with City departments. He requested confirmation that the City will work with the School District toward co~T~non goals; that Commissioner Stewart have an ordinance drawn to support the operation of other public agencies and that interested agencies be asked to testify before adoption of the ordinance; and that the Bremerton School District have credited back to its account any late charges without having to go through any legal action or a shutdown of the School District. Commissioner Swanson asked what the School District's normal turn-around time is and Mr. Ryan replied that 30 days is the normal ~urn~around time, with 45 days as a maximum. Hal Hoover, Assistant Superintendent for Business, Central Kitsap School District, presented copies of a letter to Commissioner Stewart. 'He read the letter, dated Nov. 9, 1979, which is on file in the City Clerk's office. The letter requested that pursuant to WAC 480-110-101 a 30-day period from the date of receipt of a water bill be allowed before late charges are assessed. He stated Central School District is operating with the same restraint as the Bremerton School District; that they have no problems with any other utility whatsoever. Commissioner Swanson pointed out that the Water Dept. is only concerned that the water bills are paid eventually. Capt. Jim Hughes, Washington State Patrol, stated he is only seconding what Mr. Ryan and Mr. Hoover have said; that the State Patrol has no means for paying a late penalty and according to the State Auditor, it is illegal for them to pay a penalty fee. He stated he does not think the State Patrol has ever failed to pay their bill. Mayor Jarstad asked if the ordinance can be amended regarding the time period before late charges are added for other government entities and Mr. McCluskey stated he would have to check on that. Mr. McCluskey stated that Commissioner Stewart has been told by the State Auditor that preferential treatment cannot be given to any other government entity; that th~ State Auditor's office should be contacted to see what solution he can suggest for this problem. -2- CITY COMMISSIONERS' MINUTES November 13, 1979 Page three 'Discussion was held regarding the automatic payment plan and different classes of customers. Mr. Ryan stated that if they had been able to work with the finance office, he would not have had to come to Council; that he is here because they have a joint problem and he would like to work out a solution jointly. He stated the integrity of their system has been challenged and he feels governmental agencies should be able to sit down and work their problems out. Mr. McCluskey stated that WAC 480-110-101 provides that a customer does have the right to contact the billing agency and request a change in the billing system for good cause. He stated the letter to Commissioner Stewart is a request that Central Kitsap School District be given consideration under this code. He suggested that other government agencies submit a written request under this provision. Mr. Ryan stated they have requested this on more than one occasion and Mr. McCluskey'asked if the request was in writing. Mr. Ryan replied no, that it was verbal. Commissioner Swanson asked what the turn-around time is for PSNS and Cathy Johnson, Asst. City Treasurer, stated that PSNS is on a contract and they are billed monthly and they make payment in a week. Mayor Jarstad stated he hopes that consideration can be given, under the proper laws of the State of Washington, for dealing with other government agencies. He stated he.thinks Mr. Hoover's request is a valid one. He requested that the City Attorney research the request so Council can take action next week. Commissioner Swanson concurred with the Mayor and requested that Mr. McCluskey also contact the State Auditor. Mayor Jarstad asked Ms. Hamilton if she knew where Con~issioner Stewart was and Ms. Hamilton stated she did not know; that she was not at work Friday afternoon and Commissioner Stewart did not leave a message as to where he would be. Mr. McCluskey recomnended that the Bremerton School District and the State Patrol submit a letter similar to the one Central Kitsap sent in. He stated he thinks it is appropriate for the Finance Dept. to make these adjustments on an individual basis. TAPE ~172 HEARINGS - Carlson Rezone R-1 to R-2 and Schmidt/Kennedy Rezone R-1 to B-3 (A) 2345 Motion by Mayor Jarstad and Commissioner Swanson to hold hearings in order listed above, carried. CARLSON REZONE R-1 to R-2 Clerk stated the hearing had been advertised, posted and letters of notification sent to residents as required by law. She read Planning Commission Resolution No. 542 recommending approval with conditions. She stated 23 advisory ballots were sent, 4 returned, with 3 disagreeing and I agreeing with the proposal. Ken Attebery, Planning Director, described the proposal using a colored sketch. He discussed the surrounding land use and stated the area is mostly single-family residences. He stated the proposal is to develop a two-story six-unit structure; that there will be 14 parking stalls with access from 13th St. The proponent was not present. OPPONENTS: Marie Renstrom, 1123 Naval Ave., discussed the entrance and exit to the proposal and stated she thinks this is an awfully bad spot. She stated she feels 12 units is too many for this property and Mr. Attebery explained that the site plan has been changed; that there will only be 6 units with 14 parking stalls. Mayor Jarstad explained that the applicant will not be alldwed to build any more than 6 units, as that will be a condition to the rezone if it is approved. Mrs. Renstrom stated six units sound very feasible t~ her. She stated that something would have to be done about the approach on 13th St. -3- .CITY COMMISSIONERS' MINUTES November 13, 1979 Page four Freda Sammons stated she owns the property east of the proposal and she objects to the driveway coming up beside her property. Mr. Attebery pointed out the driveway and stated there will be a 5-ft. fence along the property line. He stated parking stalls will be along the applicant's side.and the driveway will be about 20 ft. from the property line. Mrs. Sammons stated the cars driving in and out will bother her and Mayor Jarstad explained that a solid fence will be required so the headlights will not shine in her house. Mr. Attebery suggested moving the first parking stall so that parking will begin at the 5-ft. fence. Motion by Mayor Jarstad and Commissioner Swanson to follow recommendation of Planning Commission and approve rezone, subject to restrictions set forth by Planning Conmission plus removal of first parking stall. Under discussion: Commissioner Swanson stated he is concerned about the number of apartments being developed in this area; that some substantial costs will have to be absorbed for the improvement of Naval Ave. shortly. He discussed traffic counts and accident rates at 13th and Naval. Sgt. Gingrey stated the accidents at 13th and Naval are much less than 11th and Naval; that 13th seems to be used less because of the visibility. Question was called on motion: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Con~issioner Swanson, No. Commissioner Swanson stated he would not vote for this rezone until the question of the right-of-way on Naval was resolved. He stated he does not think the City can stand any more large developments in that area; that each new development adds to the impact on the streets and the cost of maintenance and improvements. Motion by Mayor Jarstad and Conm~issioner Swanson to approve rezone from R-1 to R~2, subject to the following conditions: (1) The site shall be developed essentially the same as the site plan presented except as it need be modified to meet any other conditions; (2) The number of dwelling units shall be limited to six (6); (3) Vehicular access shall be provided only to 13th St.; (4') A storm water detention system shall be installed to City Engineering standards; (5) A solid fence or wall shall be provided along the east and south property lines adjacent to drives and parking areas. This fence shall not be greater than three ft. in height within 15 ft. of 13th nor less than 5 ft. in height in other areas adjacent to parking or drives; (6) The western 12 ft. of the above described subject property shall be dedicated to the City of Bremerton prior to the issuance of building permits for the herein described development; (7) That the building setback from Naval Ave. shall be at least 27 ft. This setback may include the 12 ft. mentioned in item 6 above. This would allow a 15-ft. setback from the R/W of Naval Ave. after the dedication mention in 6 above; and (8) No parking stall shall be located on the eastern side of the "proposed driveway" shown on the site'plan within that area which is 15 ft. from 13th St., carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Commissioner Swanson, Yes. Meeting recessed from 11:25 A.M. until 11:35 A.M. TAPE #172 SCHMIDT/KENNEDY REZONE R-1 to B-3 (B) 753 Clerk stated the hearing had been advertised, posted and letters of notification mailed to residents as required by law. She read Planning Commission Resolution No. 543 recommending denial. She then read letters from Mrs. P. Heinrich and Marie McCombs in opposition to the rezone; memo from Asst. City Engineer, dated Sept. 26, 1979, which is on file in the Planning Dept. Clerk stated 26 advisory ballots were sent, 17 returned with 11 agreeing, 3 disagreeing and 3 undecided. Ken Attebery, Planning Director, stated the request is a rezone from R-1 to B-3 to remodel an existing structure into a restaurant similar to the Old World Inns; that presently there are three structures on the property and the northern two would be removed and the southern one remodeled. PROPONENT: Paul Schmidt, 1012 4th St., stated the most feasible thing for him to do would be to move the house and have access on 8th St. He stated that property to the north is commercial, whether it is a non-conforming use or not. He stated it is difficult to rent these units because no one wants to live on such a busy street. He stated ~hewants to have a restaurant downtown and he feels this is the best possible for the property. -4- CITY COMMISSIONERS' MINUTES November 13, 1979 Page five No one was present to speak against the rezone. Commissioner Swanson stated he has concerns regarding handling traffic and also the requirements for parking spaces; that a good workable restaurant needs more than 10 parking spaces; that the overflow would park on 8th, which is already a problem area. He recommended remanding it back to the Planning Commission if there are any alternatives. Mayor Jarstad stated there would be some serious problems regarding getting people in and out if it were approved. Motion by Cammissioner Swanson and Mayor Jarstad to remand proposal to Planning Commission with any alternatives. Under discussion: Mr. Attebery stated the 1978 Arterial Policy Resolution indicates that commercial development on Warren should be limited to the area south of 8th. ConmHssioner Swanson stated there is commercial development on the opposite side of Warren; that he does not want to eliminate any positive action on this property for a year by denying it today if there are some alternate proposals. Mayor Jarstad stated he thinks the motion is proper; that it is important that the City recognize what is developing in that area. He stated he would like to have the Planning Commission review some alternate plans which the applicant will bring forward. Motion carried unanimously. COMMISSIONERS' REPORTS Mayor Jarstad: 1. Expressed his sympathy over the death of Bruce Towne, Chairman of the Planning Commission. He stated Mr. Towne was a wonderful person and everyone appreciated working with him. 2. Discussed the 65%-35% formula between the City and District Court and stated that any modifications will have to go through the proper procedures. He stated he will ask Judge Lewis to review the formula and make any recommendations; that he concurs in the action taken last week for have the formula looked at. 3. Fire Dept. report - 235 total alan~s, 146 Rescue I, building loss $4,000.00 and contents loss $1,000.00. He stated there were no injuries in October. Meeting recessed from 12:15 P.M. until 7:30 P.M., Nov. 15, 1979, at West Side Community Club, for Block Grant Hearing. Recessed City Commissioners Meeting was called to order at 7:30 P.M. by Commissioner Lob~. Also in attendance were Commissioner Mahan, Commissioner Horsely, County Auditor Huff, Mayor Jarstad, ColmHssioner Swanson, City Clerk Mandio and representa- tives of the press and radio. Commissioner Stewart was absent. TAPE #172 BLOCK GRANT HEARING (B) 1390 Dwight Edwards, Director of the Bremerton Rehabilitation Program, distributed copies of Summary of Rehabilitation Activities for Fiscal Year 1979, Summary of Proposed Bremerton/Kitsap County Joint Housing Rehabilitation Program for 1980 and 1980 Budget These are all on file. Mr. Edwards discussed the three sources of funding for 1980 and recommended that the grants be eliminated, but keep the deferred loan program to serve those people who qualify for grants; approve the combined deferred loan and bank leverage program; and provide some kind of assistance to the absentee landlord. He discussed the 312 Program and stated these loans are strictly between the Federal government and the individual. He stated Housing Rehabilitation will give Life/ Safety and Energy Conservation items first and equal priority; second priority will be Incipient Violations; and all remaining rehabilitation items will be considered third priority. He recommended that a contingency fund up to $3,000.00 be establish~ for use in special instances in housing rehabilitation ( - ~j for those items that are found after the work is begun; $500.00 to handle houses that are found to be economically unfeasibte to rehabilitate; and an emergency advance prior to closing of a previously approved loan when deemed necessary. Mark Cross, Kitsap County Block Grant Coordinator, discussed a Loan Review Board. He stated this Board will consist of five persons and the duties will be: (1) To authorize contingency fund use; (2) Review and act upon all formal appeals from program applicants and participants; and (3) Hear and act upon all combined loan proposals involving more than one source of funds. Mr. Edwards stated the Smith Neighborhood approved the program, but that $1,000.00 be appropriated to handle houses that are economically unfeasible to rehabilitate; Charleston/National Neighborhood approved the program but requested that a represent~ from the Block Grant Area-~ide Citizen Advisory Committee be added to the Loan Reviev Board; and the Block Grant Area-Wide Citizen Advisory Coll~Httee approved the program with the changes made by the Smith and Charleston/National Neighborhoods. The City and County staffs concurred with thes~2commendations. CITY COMMISSIONERS' MINUTES November 13, 1979 Page six Discussion was held regarding a self-help program. A1 Valencia asked what happens if a contractor did some of the work and the homeowner did some of the work and Mr. Edwards replied that they would make sure the homeowner finished the work at the same time as the contractor. There was considerable discussion whether a homeowner is qualified to do his own work. James Hood stated he would like to go on record as being opposed to the self-help program. Paul Hoskinsons explained that they will make sure the homeower is very aware of the sort of work they are committing themselves to. Joe Moore stated he did not consider this program last year because there was no self-help program, because he is able to do his own work. Sheila Fasetti stated she and her husband feel it is a good program. Kay Wilson, Bremerton Planning Dept., stated there are a number of successful self-help programs throughout the State and it is working in other areas. Mark Cross explained that the self-help program could save a significant amount of money; that it would stretch the amount of dollars they have for rehabilitation and he would like to see this program as an option. Rachel Hatchett stated she is proud of her home and she will not botch any work she does. Commissioner Swanson stated he knows of many elderly people who are able to do their own work, or at least a portion of it. A1Valencia stated it is a matter of scheduling to get from one job to the next; that contractors are more able to schedule their work because they are professionals. ConmHssioner Horsely asked what percentage of the program would be self-help and Mr. Edwards stated they plan on a very small percentage at the present time. Commissioner Lobe suggested getting bids for the contractors to do the entire job and also to have the homeowner help. Motion by Commissioner Swanson and Commissioner Mahan to follow recommendations of Mr. Edwards and approve Bremerton/Kitsap County Joint Housing Rehabilitation Program for 1980., withchanges'fromSmith & Charleston/National Neighborhoods, carried unanimously. The representatives from the County left the meeting at this time. AMENDMENT OF HOUSING ASSISTANCE PLAN Ken Attebery, Planning Director, stated the Dept. of Housing and Urban Development has amended some of their rules for the preparation of local housing assistance plans; that has resulted in some minor amendments to the City's plan. He stated the main thrust of the change is that it reduces the amount of assistance the City is plarming to provide for small families in the renter category because non- elderly, one-person families have been taken out of the tables. Motion by Conm~issioner Swanson and Mayor Jarstad to approve amendment to Housing Assistance Plan, carried. Meeting adjourned at 8:45 P.M. Approved: -6-