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HomeMy WebLinkAboutFranchise with KCUNAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES November 6, 1979 TA~E #171 Regular meeting of the City Commissioners of the City of Bremerton, Washington, B) 1757 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, November 6, 1979 at 9:00 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 on vacation. Meeting was opened with the Pledge of Allegiance. MINUTES OF OCTOBER 30, 1979 Commissioner Stewart requested that the minutes be amended on page 6, first paragraph as follows: "Motion by Commissioners Stewart and Swanson to set interest rate for agreements at 12% and City Council approve each application for front footage agreement." Motion by Commissioners Stewart and Swanson to approve minutes as amended, carried unanimously. SEPARATIONS Sandra Bronaugh, Parks & Recreation, Pool Cashier, 10/27/79. Joy Krumdiack, Parks & Recreation, Senior Guard, 10/17/79. David E. Jones, Water Distribution, Serviceman I, 11/2/79. Thomas Leonard, Water Distribution, Extra Help, 10/27/79. Motion by Commissioners Swanson and Stewart to approve separations, carried unanimously. NOTICES OF EMPLOYMENT Deborah Sue Pickett, Parks & Recreation, Senior Guard, $4.00 per hr., 9/24/79, termination 10/1/80. Laura Jordan, Parks & Recreation, Swimming Pool Cashier, $3.50 per hr., 10/29/79, termination 10/1/80. Howard Christiansen, Accounting/Treasurer, Accountant-Provisional, $7.66 per hr., 11/13/79. Raymond Roy, Wastewater Facilities, Operator I, 7A, $5.71 per hr., 11/5/79. Motion by COmmissioners Stewart and Swanson to approve notices of employment, carried unanimously. CHANGE OF PAY STATUS Terrence P. Devery, Street Dept., Serviceman I, 7A to 7B, $5.71 to $5.89 per hr., 10/30/79. Motion by Commissioners Swanson and Stewart to approve change of pay status, carried unanimously. PAYROLL VOUCHERS Motion by Con~nissioners Stewart and Swanson to approve payroll vouchers: Claims Fund, FICA and Bank Service Fees for payroll period 10/14/79 thru 10/28/79, 7,754.47; Salary Fund, gross payroll for same period, $239,189.53, audited by John Ross, carried unanimously. EMPLOYEES' RETIREMENT FUND Clerk presented memo from City Auditor, dated Nov. 2, 1979, which stated that a 10% increase is estimated to cost a maximum of $3,200.00 per yr.; that the deficit is estimated to be $20,816.00 by Dec. 31, 1980 if there is a 10% annuity increase. Clerk stated that this indicates that an increase cannot be funded at this time unless some bonds are sold. Commissioner Stewart stated he would like to hold off on selling bonds because the interest is so high; that he feels interest rates will drop in the Spring. He stated he would like to get the market value on the bonds and he will be able to make a better decision at that time. CLAIMS FOR DAMAGES Robert G. Addison, $82.95 for damag~ done by backed-up sewer. James Scott Kennedy, $499.01 for damage done to his vehicle by police car in pursuit of another ~ehicle. Clerk stated copies would be sent to the insurance company. CITY COMMISSIONERS' MINUTES November 6, 1979 Page two TAXICAB DRIVER'S LICENSE APPLICATION Clerk presented application for taxicab driver's license for Frankie Ray Varda, approved by Capt. Maves for Chief of Police. Motion by Commissioners Stewart and Swanson to approve license application, carried unanimously. CIVIL SERVICE EXAMINER/PERSONNEL D'IRECTOR Clerk stated the position for new Civil Service Personnel Director will be advertised soon and she suggested that the salary range be set in the range of 20,000 to $26,000, commensurate with abilities, in order to attract qualified applicants. Commissioner Stewart stated he felt the range should be from 15,000 to $24,000, depending on the duties. He stated he is willing to pay more if the person who fills the position takes on more duties. Motion by Commissioners Stewart and Swanson to set salary range between $15,000 and ~5,000, commensurate with abilities and duties. Under discussion: Commis- sioner Swanson stated he hopes the City can get someone who can take over some of the labor negotiations. Motion carried unanimously. CALL FOR BIDS - Fire Station No. 2 Floor Slab Clerk read memo from City Engineer, dated Nov. 5, 1979, requesting permission to call for bids for replacing a portion of the garage floor at Fire Station No. 2. Motion by Commissioners Swanson and Stewart to call for bids for replacement of portion of the garage floor at Fire Station No. 2, carried unanimously. CONTRIBUTIONS TO DETOXIFICATION CENTER Clerk read letter from KCCA, dated Nov. 1, 1979, which stated the City's share for contributions to the Detoxification Center is $17,576.00. Motion by Commissioners Stewart and Swanson to approve payment of $17,576.00 for contributions to the Detoxification Center, carried unanimously. RELEASE AUTHORIZATION - Pacific National Bank Clerk presented release authorization from Pacific National Dank for release of checks, earnings statements, registers or other reports to Peter Davies, Cathy Johnson, Becky Kear and Keith Dodge. Motion by Commissioners Stewart and Swanson to approve release of information to the above individuals, carried unanimously. FRANCHISE AGREEMENT FOR WATER PIPES ON COUNTY HIGHWAYS Clerk presented fully-executed copy of Franchise Agreement for Water Pipes on County Highways with three copies of Acceptance of Franchise to be completed. Motion by Commissioners Stewart and Swanson to accept Franchise Agreement, carried unanimously. 15th STREET PARKING - Warren Ave. to Park Ave. Clerk read memo from Asst. City Engineer, dated Nov. 5, 1979, which stated the Engineering Dept. and Police/Traffic have reviewed the request for on-street parking 6n 15th and jointly recommend that 15th St. from Warren Ave. to Park Ave. be made one-way east bound. Motion by Commissioners Swanson and Stewart to approve making 15th St. one-way east bound from Warren Ave. to Park Ave., carried unanimously. NAD PARK Clerk read letter from Dept. of the Interior, dated Nov. 2, 1979, which stated that GSA has removed the previous objections that it had interposed to their approval of the amended program of utilization for two small portions on either end of NAD Park. She stated a copy had been sent to {he Parks Superintendent. Commissioner Swanson requested that a copy be sent to him. LICENSE PERMITTING ACCESS TO RAILROAD RIGHT-OF-WAY Clerk read memo from City Engineer, dated Nov. 5, 1979, which stated that 10 test pits along the Shelton-Bremerton Railroad R/W need to be excavated for soils determination in connection with the Sinclair Inlet Sewage Treatment Plant; that PSNS has agreed to authorize a license for the City'.s ingress and egress. Motion ~by Commissioners Swanson and Stewart to approve license to permit access t~ R/W and authorize Mayor and City Clerk to sign for the City, carried unanimously. 2- CITY COMMISSIONERS' MINUTES November 6, 1979 Page three TOWING Clerk read letter from Raenelle Weatherly, 2018 E. 15th, dated Nov. 5, 1979, which compared emergency towing service in Bremerton to Sherman, Texas. This letter is on file and Clerk stated copies would be distributed. PROCLAMATION Clerk presented Proclamation: Key Club Week-November 11-17, 1979. ORDINANCE, FIRST READING - Adjusting Appropriations for 1979 Clerk read, first reading, "AN ORDINANCE of the City of Bremerton amending Ordinance 3481 as amended by Ordinance 3527, 3528, 3533, 3551, 3555 and 3557, and adjusting appropriations for the year 1979". Motion by Commissioners Stewart and Swanson to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Swanson, Yes. BILLS Motion by Commissioners Stewart and Swanson to give blanket approval to vouchers 13183 thru 13185 inclusive in the amount of $4,300.21 and vouchers 13190 thru 13301 inclusive in the amount of $66,738.59, audited by John Ross, carried unanimously. CALL FOR BIDS - Removal & Replacement of Two Light Poles at Roosevelt Field Clerk read memo from Parks Superintendent, dated Nov. 5, 1979, which requested permission to call for bids for removal and replacement of two light poles at Roosevelt Field Grandstand; that monies are available in the Parks Dept. budget. Motion by Commissioners Swanson and Stewart to call for bids for removal and replacement of two light poles at Roosevelt Field Grandstand, carried unanimously. MUNICIPAL COURT/DISTRICT COURT Commissioner Stewart discussed the 65%-35% split between Municipal Court and District Court. He explained that the City's portion of the Judge's salary is 65% and the County's portion is 35%. He stated he did not think this was an equitable split; that it should be 50%-50% because Municipal Court and District Court have the same number of employees. He discussed renting office space to District CoUrt at $260.00 per mo. and paying $400.00 per mo. rent for office space for Civil Service and Grants Administration. He stated further he would like to send a letter to the County Commissioners requesting that the formula be changed from 65%-35% to 50%-50%. Motion by Con~issioners Swanson and Stewart that Commissioner Stewart send letter to County Commissioners as stated above, carried unanimously. Further discussion ensued regarding an equitable split and Mr. McCluskey suggested considering use of the facilities, rather than number of employees. Commissioner Stewart stated he would like to write the letter on the number of employees; if the County agrees with that, try it for one year. If they don't agree, he stated the City~s effeciency expert should look at the operation to determine what can be done. Meeting recessed from 9:50 A.M. until 10:00 A.M. PROPOSED SIX-PLEX AT 31st & HALVERSON Clerk read letters from Betty & Amory Cook, C.j. & Esther Spinola, Wallace C. Volz, Jr., E.L. Sturdivant, Bernard Curley, L.F. & M.L. Johnson, Larry Haynes, Ann & Bernard Ducker (2), Diana & Garold Graff and Evan & Phyllis Summers in opposition to a proposed six-plex on the corner of Halverson and ~E. 31st St. Ken Attebery, Planning Director, explained that this parcel is zoned R-~ and has been so zoned since 1952. He stated this zone allows development of high-intensity multi-family units. He stated the applicant applied for an administrative variance for rear yard setback; that he was instructed to get approval of the variance from the adjacent property owners and this was submitted. Mr. Attebery stated there is some debate as to what was presented to the adjacent property owners for signature, i!~ut.~h~s.department accepted the application and certification of the app~ican., 3- CITY COMMISSIONERS' MINUTES November 6, 1979 Page four He explained that the variance was approved on June 6, 1979; that a couple of months later, a note was received from one of the adjacent owners stating she wished to withdraw her name from the variance request~ that she felt she was misled and she did not know what was going to be built on that site. Mr. McCluskey stated the proposed six-plex is within the zoning classification; that before a building permit can be issued, it must meet all building codes. E.L. Sturdivant, 3231Halverson, stated there was apparent deceit involved in the signing of the variance; that the application was changed after Mrs. Rosas signed it. He stated each page should be signed. Mr. McCluskey explained that legally it is not necessary to have a signature on each page, though it is a good idea. Paula Rosas, 4404 Forest Dr., explained that she is the adjacent property owner; that the front page of the application is completely foreign to her; that she never saw this front page or the sketch. She stated she feels she was totally misled; that she was told they wanted to tear the building down. She stated she asked what was going to be built there and Rick Bearbower of Spot Realty told her he did not know. She stated further the document she signed stated she gave her permission to have the building torn down and they would put in adequate screening; that nothing was said about constructing a six-plex. Mr. McCluskey asked if there was a sketch attached and Mrs. Rosas replied no. Mrs. Rosas stated she would take this to court if necessary. Con~nissioner Stewart stated he felt the variance should be denied and Mr. McCluskey explained that the building permit can be held up, based on the fact that there are some inconsistencies regarding the variance, with the possibility that the variance could be revoked. Motion by Commissioners Stewart and Swanson to follow [ecommendation of City Attorney and hold up building permit until this matter is resolved. Under discussion: Com- missioner Swanson stated the issue at hand is the variance application, not that it is a six-plex or the number of~stories; that the property is zoned R-2 and a six-plex can be built on that property. ~iotion carried unanimously. Kathleen And~rson, 3214 Halverson, stated they did not know this property was R-2. She asked how they could change the zoning to R-1. Mr. Attebery explained that the owners of tl~e property could request a change; zoning could be changed by motion of the Planning Commission; or motion of City Council could change it. He stated that if a group of individuals want to petition the Planning Commission or the City Council, they could ask for a zone change on behalf of their own properties. Bernard Curley, 3251Halverson, stated he is not in favor of having to reside by a six-plex. Doug Coglizer, 2836 Sanders, stated an EIS has never been seen and he thinks one is necessary. He discussed whether the proposal is three stories or four stories. David Russel, 3047 Sanders, stated he obtained 102 signatures opposing the six- plex; that no one in the neighborhood is in favor of it. He read the petition and presented it to the Council. Alene Coglizer, 2836 Sanders, discussed sewer, traffic and parking problems and stated she would like to see these issues taken into consideration. She stated that possibly the neighbors as a group should take action to have the zoning changed. Commissioner Stewart stated that action has been taken today regarding the variance; that the City can look at the prQblem of down-zoning this property if the owners agree. Brian Decker, 3219 Halverson, asked how many people are required to rezone a whole block and Mr. Attebery replied that Planning Col~nission or City Council can act on behalf of the residents. Mr. Attebery explained the process necessary for this type of rezone. 4- CITY COMMISSIONERS' MINUTES November 6, 1979 Page five Diana Graff, 3027 Sanders, asked if it would be possible to petition the Council for rezone at this time and Commissioner Stewart explained that a legal description is necessary and they should go through the Planning Dept. Testimony was interrupted for bid opening. BID OPENING - Construction of Storage Building at Lions' Playfield Motion by Commissioners Stewart and Swanson to open bids at this time, carried unanimously. Burlingame Builders, $50.00 check enclosed, $2,424.60. Union Carpentry, $50.00 cashier's check enclosed, $3,990.00. American Industrial Group, $50.00 money order enclosed, $6,831.50. Motion by Commissioners Stewart and Swanson to award bid to Burlingame Builders, as low bidder, subject to meeting specifications, carried unanimously. PROPOSED SIX-PLEX AT 31st & HALVERSON (continued) Allen Frye, 3207 Halverson, stated there has always been a single-family dwelling on this property and he feels the lot is too small to build something for six families. He stated he was told that a portion of the corner is actually a City park. Commissioner Stewart stated Chat would be investigated. Darrel Graff, 3027 Sanders, asked what the next course of action is and Mr. McCluskey stated the residents can apply to the Planning Commission for a rezone. Mr. McCluskey explained that Mr. Cutting has the right to build on his property as it is still zoned R-2. He stated that in addition to that, even if the Council attempts to down-zone this property to R-l, the building permit application has already been submitted and the owners may have vested rights, which means the City may not be able to stop that building. He suggested that the residents buy the property themselves and use it any way they wish. Discussion followed regarding knowledge of the area's zoning and the zoning ordinance. Mr. Attebery explained that the language of the zoning ordinance is the same as it was in 1952 when this property was zoned R-2, with minor changes. David Russel, 3047 6anders, pointed out that there is a manhole cover on the lawn. Commissioner Swanson asked the City Engineer to investigate. Meeting recessed from 11:25 A.M. until 11:35 A.M. TAPE #172 RASMUSSEN ANNEXATION MEETING A) 1050 Motion by Commissioners Stewart and Swanson to hold me'eting at this time, carried unanimously. Ken Attebery, Planning Director, explained that the purpose of the meeting today is: (1) To determine if the City will accept the proposed annexation; (2) Whether the City will require simultaneous adoption of a Comprehensive Plan; and (3) Whether the City will require the assumption of all or any portion of the City's indebtedness by the area. He stated the proposed annexation is one square mile in size, with Riddell Road on the south, Brownsville Highway on the west, McWilliams Road on the north and Sunset Ave. on the east. He stated that an annexation of this size offers a great number of opportunities for the City as well as placing unestimated fiscal demands on the City; these.issues are further complicated by the fact that this area is essentially undeveloped except for a few parcels along the Brownsville Hwy. and the Rolling Hills Golf Course on McWilliams. He stated that how these areas are developed will significantly alter the physical and financial impact of the annexation. He recommended that a cost revenue analysis be conducted to determine the relationship of the public costs of providing services and utilities to the area in comparison to the revenues which can be expected to be generated. Don Rasmussen, P.O. Box 2105, a~ked Mr. Attebery if he was for or against the anne~a~i~and Mr. Attebery replied that he is in favor of careful.~onside~'atie'~ of all aspects; that he recognizes both sides and it ~s his job to present all issues. 5- CITY COMMISSIONERS' MINUTES November 6, 1979 Page six Mr. Attebery discussed whether the perimeter streets should be annexed and stated City departments vary on their recommendations: Public Works-Riddell to Petersville and SR303 should be annexed, Riddell from Petersville east could go either way, McWilliams and Sunset should not be annexed; Engineering-Riddell to Petersville should be annexed, remainder of the streets could go either way with varying effects on street maintenance and related costs; Police-All adjacent streets should be annexed; Street-Annex Riddell but no other abutting streets. Discussion was held regarding whether a lot plat in the northeast corner of the area should be annexed and Commissioner Swanson stated he does not think it is logical to cut out a small plat; that it should be included in the annexation. Further discussion was held regarding sewers and water and Mr. Rasmussen stated the golf course is already on the County's sewer system and City water is coming through the property. Commissioner Swanson stated the City would not intertwine our water service with North Perry. He stated he wants to look at the situation a little longer before making a decision regarding water and sewer. It was the consensus of the Commissioners that the City will require the assump- tion of the City's indebtedness by the property owners of the area. Mr. Attebery recommended that if the annexation is approved, that a Notice of Intent to Annex should be forwarded to the Boundary Review Board and at the sam~ time initiate a Comprehensive Plan process. Mr. Rasmussen stated there will be a problem if the property is zoned; that a big price label will be put on the property. He stated the City would have more control if no zoning were placed on it. Mr. Attebery suggested bringing it in as R-1 and then the individuals can apply for fezone if necessary. Jim Root, City Engineer, stated substantial construction will be taking place along the proposed annexation area; that Brownsville Highway will be a 5-lane highway with controlled access. He pointed out the proposed annexation on an aerial photo and stated he has a~stented two sessions with DNR regarding an overall plan for the area. He stated the State will not accept a private sewage treatment plant; that if this is developed, thev must connect with a public sewer system. He stated CH2M Hill recommended that the whole area be serviced by the Central Kitsap Sewer System. Motion by Commissioners Stewart and Swanson to accept proposed annexation; not require simultaneous adoption of a Comprehensive Plan; and require the assumption of all of the City's indebtedness by the property owners ~f the area, carried unanimously. Meeting adjourned at 12:10 P.M. ndio~ City Clerk Approved: Robert B. Stewart, Mayor Pro Tempore 6-