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HomeMy WebLinkAbout05/05/76 ROUGH. DRAFT - UNAPPROVED COPY Tape 85 A & B CITY COUNCIL MEETING May 5, 1976 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers of City Hall at 9:00 a.m., PDST, Wednesday, May 5, 1976, with Mayor Jarstad presiding. Also present: Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney McCluskey and representative of press. Meeting opned with the Pledge of Allegiance and Invocation by City Clerk. MINUTES Minutes of April 28, 1976, were presented, Motion by Hayor Jarstad and Commissioner Stewart to approve the minutes as circulated, carried unanimously. SEPARATIONS: Parks & Recreation: Ronald Graham, William F. Hartin, James Rye, Eric Otis, Ron Richardson, Charles W. Buell, James Carlson, Doris Jankowski, Martin Erafcik, Harold H. Rich; Cemetery, Rodney Williams; Accounting, Ann Brown. Motion by Mayor Jarstad and Commissioner Stewart to approve the Separations, carried unanimously. NOTICES OF EMPLOYMENT: Park & Recreation Dept.: Martin J. Krafcik, Ex. Labor, eff. May 3, 1976, $3.39 P/H, summer employment; James M. Carlson, Extra Labor, Eff. May 3, 1976, $2.25 P/H, Summer Employment; Doris G, Jankowski, P.T. Playleader, eff. May 3, 1976, $3.05 P/H,; Cemetery, Charles E. Vickers, Ex. Help, $3.00 per hour, to terminate May 30, 1976, James S. Miller, Extra help, $3.00 per hour, terminate May 30, 1976. Motion by Commissioner Stewart and Commissioner Schoneman to approve the employments, carried unanimously. TAXICAB DRIVER'S LICENSE: Jessie N. Blair, approved by Jack Kvistad, Assistant Chief. Motion by Commissioners Schoneman and Stewart to approve the application, carried unanimously. APPLICATIONS FOR LICENSES: Music Machine, Spaghetti Machine, 610 N. Callow, transfer due to bona fide sale, approved by Chief Schlie; Dancing & Entertainment, Lupita's Spa Inc., 4922 Kitsap Way, transfer due to sale, approved by Chief of Police, Fire Inspector Horton, and Bldg. Inspector Costello. Motion by Commissioners Schoneman and Stewart to approve the applications, carried unanimously. AIRPLANE PEDESTAL: Clerk read memo. dated Hay 3, 1976, from Andrew Pendergast, Park Supt. to Mayor Jarstad recommending that the city drop the project due to bids coming in so high and permanently base the airplane for display purposes in NAD Park; that a cement pad be constructed and a fence of suitable height be erected and a proper plaque be placed; that the total cost of the project would be $1,500,00 and would necessitate the appropriation of funds not currently in the park budget. Motion by Mayor Jarstad and Commissioner Stewart to follow the recomenda- tion of the Park Supt. and reject all bids, carried unanimously. Motion by Mayor Jarstad and Commissioner Schonaman to allow $1,500.00 from the Cumulative Reserve for General Municipal Purposes Fund as recom- mended by Mr. Pendergast for fencing, cement pad and plaque at NAD Park. Mayor Jarstad commented this would be a savings because $6,000.00 had been committed from that fund for the pedestal. Carried unanimously. -1- COUNCIL MINUTES PG. 2, 5/5/76 BID AWAJID - A. C. PIPE Clerk read memo. from Water Supt. Moore to Mr. Schoneman recommending bid award to low bidder, $16,444.71, low bid by $101.00, and lower than the estimate. Low bidder, H. D. Fowler Co. Motion by Commissioners Schoneman and Stewart to award the bid to H. D. Fowler, low bidder, carried unanimously. BID - Stairway Memo. from City Engineer, dated May 4, 1976, read by Clerk, recommending bid be awarded to Drury Company; that construction procedure was discussed with the low bidder, inasmuch as low bid is about $1,000.00 higher than estimate, and Engineer is of the opinion that his estimate of excavation costs and concrete costs did not fairly reflect the difficulty of working on this slope; also, $1,200.00 additional funds will be required. Discussion followed. Commissioner Stewart suggested a change order in connection with redesigning so the stairway would meet with the first landing instead of the second. It was decided to withhold award while this matter may be studied. 16th & WARREN - Improvement Clerk read memo. dated April 30, 1976, from City Engineer to City Council requesting that permission be granted for that department to call for bids for the overlaying and channelization of Warren Avenue at 16th Street. A revision in access from 18th Street is also proposed. This project is to be constructed primarily with FAM Funds. Motion by Commissioners Schoneman and Stewart to approve the bid call, carried unanimously. TRACYTON RESERVOIR - Notice to Proceed Clerk read memo. dated April 30, 1976, to Mr. Schoneman from Water Supt. which stated the contractor for the site improvement has completed the road and excavation and recommended the Reliable Steel Fabricators Inc. be given a "Notice to Proceed" letter. Motion by Commissioner Schoneman and Mayor Jarstad to approve the "Notice to Proceed", to start project May 17, 1976, carried unanimously. WALL - Alley between 6th & 7th (Olympic to Rainier) Clerk read memo. report dated April 30, 1976. Commissioner Schoneman stated the city forces will replace material back of the wall that will compact the alley to its original elevation and then some blacktop will be placed on that section; that he was happy the owner replaced the wall at his own expense. Mayor Jarstad asked that a copy be sent to Lorin T. Matthews, 2311 7th St. BOATING AND FISHING PIER Clerk read letter from Architect Branch, dated May 3, 1976, which stated the date of final acceptance of the project work should be set at April 30, 1976; that final inspection of the project was conducted Friday, April 30, 1976; that the work was found to be complete and satisfactory in com- pliance with the terms of the contract documents. Motion by Mayor Jarstad and Commissioner Stewart to concur with the recom- mendation of the architect and accept the work as complete April 30, 1976, carried unanimously. DONWORTH - Labor Negotiator Clerk read letter dated April 30, 1976, to Mayor Jarstad that the city go on an hourly rate instead of flat rate; that the proposed use of hourly rates will not result in a significant increase unless there is a significant change in time requirements over those they have experienced. Motion by Commissioner Stewart and Mayor Jarstad to approve the use of hourly rates, carried unanimously. -2- COUNCIL MINUTES PG 3 REFERENDUM 29 FUNDS Bill Leonard, representing Dept. of Social & Health Services, spoke to the City Council regarding the city's responsibility in receiving the funds. These are Ref. 29 funds for day care center, $231,000. He stated the binding document will be signed at the time construction bids are in and ready for construction; and the usual building steps will be taken by the city through building permit, and may select own architect. Assistance will be available from DSHS special personnel if requested. Plans will be reviewed by DSHS and recommendations made by that department. He stated "front-end" costs will be reimbursed through a streamlined process. Reim- bursement will be made after bids open and construction ready to begin and if the center is not going to be constructed then the city will have to bear any costs to that point. Other use of the building in the future than day care must be approved by DSHS and no problem as long as within the broad lines of DSHS but if not in a social area under those broad lines there would be a problem; that the title to the property remains with the city but there is a clouded title until the amortization period is over. In new construction 20-25 years. He stated there is that parti- cular obligation the city is incurring. Also, there is the obligation of the city for the operation of the center; that this can be done through means of a contract with the outside agency. He stated for the period of the amortization it is the responsbility of the city for maintenance. Mayor Jarstad stated there evidently had been some misleading information given to the City Council; that it was intent to donate the land for this facility and lease the land to the county in which the city in no case was going to donate valuable land to provide a building for social services and then have the obligation of maintenance costs and the county signed an agreement for "mental health facility". After further discussion, it was made clear that the city could contract with another group under broad term of "social service" for operation of a program, should head start wish to stop its operation. Mr. Leonard explained that the day care facility is not an eligible unit of government so the city would be responsible for operating a day care center for the next 25 years and, under further questioning, Mr. Leonard stated the city would not be called to support a program as long as there is a viable group. Mr. McCluskey assured the Council that it is a common condition of a grant; that a governmental agency must apply but can contract and if they fail, then must take over the project or convert to another DSHS type program. Mr. Leonard stated if bids came in over the estimate the city could reduce the scope of the project, could go back to Ref. 29 for more funds (although stated unlikely would be available) or could pay the additional cost. He also stated it would be all right to add senior citizens in using the facility but not stop the day care center unless request a change from DSHS. Mr. Schoneman stated the city has never been called to support a program and Mr. Stewart commented the city's only involvement was believed to be to furnish the land. Mr. Leonard again stated it was a matter of con- tracting. COMMISSIONERS' REPORTS: 1. Commissioner Stewart reported that a possibility of amending the sick leave procedure so an employee can be charged for the actual amount of sick leave taken had been discussed when the labor contract was negotiated. Under the present system someone can be off two hours and no charge is made. Mayor Jarstad asked Commissioner 'Stewart to contact Richard Burr. Commissioner Schoneman 1. Welcomed Central Business people present at this meeting. 2. Good news in the building permit area: April issued 77 permits, total valuation $535,357.00. 3. Have plans now prepared for reconstruction of llth Street between Chester and Elizabeth. Explained details of storage lanes and turn movements. -3- CITY COUNCIL MINUTES PG. 4 4. Clearing has been completed for Tracyton reservoir; low bidder Reliable Steel Fabricators is being given Notice to Proceed to start May 17. 5. Relating to grant for a third transmission line, plans have been completed and bids will be called for May 12th. No city money will be involved in this improvement. 6. Discussed the Water-Supply report concerning water flow from Casad Dam; and because of growing need for water and fact so much has had to be released because of heavy rains, consideration is being given to either another dam! or raising the elevation of present structure. 7. Completed logging proposed site of a 9-hole golf course; $20,000 received from sale of logs; contract for construction not sat up but this will be discussed by the City Council. 8. Received a letter from people of Almira Drive wishing to have this road- way closed because of dusty street; will do temporary base with rock and a shot of oil; in the event necessary because of dust will use water. 9. Considering several traffic signals; one at Ivy and one at Hollis; difficult for school children to cross at any time. 10. Will be opening bids on Sheridan Road project on May 19; this will consist of sidewalks, curbs and gutters; the job is funded; project was started prior to the state law being enacted and the public works department is on the same Job; were held up concerning money so the project is being done in phases. 11. reminded citizens of caterpillar infestation; that citizens are responsible on private property and the city on rights-of-way. 12. Rode USS CONSTELLATION to San Diego; commended the U.S. Navy on its operation of one of the largest ships. MAYOR JARSTAD: 1. Last night artended banquet honoring Les Eathome of East High School who has received the honor of National Athletic Director of the Year 1976. 2. Asked City Council to consider appointing a committee and get a financial package to before the voters for following: Establishment of transit area in order to utilize up to 3/10 sales tax to finance city's public transporta- tion; purchase of open spaces for neighborhood parks shown on comprehensive plan; fire station. 3. Will attend keel laying on new type of atomic attack submarine at Groton, Connecticut to be named USS BREMERTON. Will be leaving Friday morning and will meet with Senator Jackson and Admiral Rickover. DOWNTOWN BUSINESS DELEGATION (Central Business District) Sam Kah~made introduction. Ray Soule spoke briefly, after Mr. Kahn had passed to the three commissioners statement concerning Clare's Marsh E.I.S. Before Mr. Soule had Rotten very far in his statements, Mr. McCluskey advised that the E.I.S will be taken up at a public hearing properly advertised and it would be out of order for this to be taken up today without all parties being notified; that the proper procedure is to give all data to the Planner who will put it all together and then present it for a public hearing. Mr. Tom O'Hare, stated he was attorney for Mr. Ross, and asked that the record show all matters. Mr. McCluskey stated for the record that a copy of data was given to each commissioner and then withdrawn and returned to parties who had given the copy; that this all took place in a matter of about five or ten minutes -4- CITY COUNCIL MINUTES PG. 5 10:30 A.M. CITIZEN PARTICIPATION --AL COLVIN RE: Variances. Mr. Alvin Colvin, 341 Hill Court, presented a petition asking for review of variances granted to Kiitos Corp. of Bellevue, for three modular duplexes on a small plot of land at 340 through 344 Hill Court, signed by 22 persons. Mr. Colvin read a prepared statement from himself. Discussion followed and Mr. Ken Attebery of Planning Dept. showed maps indicating that the variances followed ordinance requirements and proper notification had been given to adjoining property owners affected. Mr. McCluskey advised that Mr. Colvin did have a means of appeal; however, the ten-day period had expired but since he did not know about this construction at that time it may be a factor in whether the planning commission would hear the appeal. Mayor Jarstad con- cluded the discussion by saying there is a course of action but it does appear that all requirements have been followed. HEARINGS: PONTIUS REZONE. Mayor stated a letter had been received asking for a con- tinuation. Clerk read letter dated April 30, 1976, asking for the continuation to June 9, 1976, and stating he had notified persons who had appeared at the Planning Commission Meeting that he was requesting the continuation. Mayor Jarstad stated this was in agreement with past policy. Motion by Mayor Jarstad and Commissioner Schoneman to continue the hearing until June 9, 1976, at 10:30 A.M., carried unanimously. STREET VACATION - Dale E. Pritchett Clerk stated posting was done as required by law. Clerk read excerpt from Planning Commission Minutes of March 30, 1976, and Planning Resolution No. 346. Resolution stated the Planning Commission had passed a motion recommending denial because the Commission did not know the future plans for the use of the right-of-way. Reference was made to City Engineer's comments that there is sufficient area on the south side to support a single family residence; also, that there is a lateral for sanitary sewer in the center of Lane Street. Engineer also noted that an easement access is not as good as a street right- of-way. Mr. Attebery discussed the request, showed a chalk drawing which indicated the highway fence line, the easement road into Mr. Pritchett's property and the location of the city's adjoining property plus some of the residences on Clare Avenue; stated that Lane Street is undeveloped and the city's lots are undeveloped. Also, there was a question of two-thirds ownership but Mr. McCluskey stated this question is a moot question because of city ownership. Mr. John Kopp, 2829 Clare (Lot #142), stated Lane Street is grown with weeds and small trees and is an eyesore; that he has a petition to be presented later on against another petition for a cul-de-sac and that the owners from Zurbrugg's property on down Clare to the end do not want this. Regarding cars turning around to go back up Clare, stated most use the driveway above Mr. Pritchett's place. He suggested a sign indicating "dead-end street'' be placed and Commissioner Schoneman stated this would be done and it had never been requested before. Mr. Dale Pritchett read a prepared statement and discussed his request. Stated cul-de-sac first mentioned in Planning meeting and neighbors do not want this. He presented a petition not against vacation but against changing Clare Ave. in any way, signed by Mr. and Mrs. Jay D. Bait and eight others. Clerk stated he had a petition filed May 5th requesting a cul-de-sac at the dead end of Clare Avenue signed by Harry Niemann and seventeen others. Discussion was held concerning use of the street by garbage trucks and others and their problem in turning around. Brought out they have to use a drive- way. Commissioner Schoneman stated this matter should be studied. Motion by Mayor Jarstad and Commissioner Stewart to set aside decision until commissioners have an opportunity to go out to the area and will notify the petitioner when decision is to be made, carried unanimously. Under discussion: Commissioner Schoneman stated must take into consideration turn movements of fire trucks, garbage trucks and other vehicles and do whatever is best for everyone. Mayor Jarstad stated the Police-Traffic Div. will want to look at this situation. -5 - CITY COUNCIL MINUTES PG. 6 STATE AUDITOR - EXAMINATION REPORTS Clerk stated he had on file two reports: General city and Water-Sewer Utility. RIGHT-of-WAY DEEDS - KATHERINE SMITH Clerk read memo dated April 29, 1976 from City Engineer to Council attaching two warranty deeds from Mrs. Smith for acceptance and recording. The deeds are for six feet of R/W on Wheaton Way at the Wheaton Way Mall, necessary for construction. Motion by Mayor Jarstad and Conunissioner Schoneman to accept the deeds, refer to City Attorney for checking as to form and to City Clerk for recording, carried unanimously. STAFF - HUD GRANT REQUIREMENT Clerk read letter from HUD dated April 28, 1976, which stated that appropriate staff must be designated to act on behalf of and for the city to ensure compliance with labor standard requirements and act in liaison with HUD. Clerk stated he had discussed this with Mr. Theroux and recommended Mr. Theroux and John Ross, City Auditor, be designated. Motion by Mayor Jarstad and Commissioner Stewart that Robert Theroux, Grants Administrator, and John Ross, City Auditor, be designated in accordance with HUD's requirements, carried unanimously. STATE PERS ELECTION Clerk recommended that he be designated as Election Officer for the election of a member to the Public Employees Retirement Board. Motion by Commissioner Stewart and Mayor Jarstad that the City Clerk be so designated, carried unanimously. PROCLAMATION - Armed Forces Observance Clerk read Mayor Jarstad's proclamation for May 10-15th as Bremertons 28th Annual "Armed Forces Observance". OFFER OF GRANT AWARD - Sandra Lane Reservoir Clerk read letter dated May 4, 1976, from Bob Theroux stating that notification has been received from the DSHS that they are supportive of the City's needs for water system improvements, to be located at Sandra Lane and Vend Ave. Offer is for 40% participation by DSHS for following: reservoir, site, preparation of site, pomphouse and major transmission mains. Estimated total not including sales tax or engineer $381,000; DSHS offer is $149,300.00. DOE Letter re: Litter Control & Education Projects Clerk read letter dated April 29, 1976, which stated a crew is scheduled to be based in Bremerton in August to perform efiorts concerning litter control. Letter asked for survey of city areas to determine where and how the city might be able to use their services and respond back to DOE. Letter referred to Commissioner Stewart to consult Brem-Air Owner on this matter. FONTANA REZONE - Request to return to Planning Commission Clerk read letter dated May 3, 1976, from T. A. Johnson, P.E. asking that the City Council return the Fontand Rezone matter back to the Planning Com- mission. Reason for request that Planning Commission recommended denial and Fontana would like time to prepare a site plan and submit it for review. Mr. McCluskey stated the City Council has the legal right to send the fezone matter back to the Planning Commission and the City Clerk should be instructed to do what is necessary to notify participants of the cancellation of the hearing scheduled for May 19, 1976. Motion by Commissioner Stewart and Mayor Jarstad to return the matter to the Planning Commission and instruct the City Clerk to take the necessary steps so that the hearing scheduled for May 19, 1976, will be called off, carried unanimously. CITY COUNCIL MINUTES PG 7 COONTZ JUNIOR HIGH SCHOOL - site plan and appraisal Clerk read memo. dated May 4, 1976, recommending $2,000.00 approximately be approved from the Cumulative Reserve for General Municipal Purposes Fund for site plan and appraisal. This is necessary in order to process application for funding assistance to IAC. The current park budget does not have the funds. Mayor Jarstad stated the appraisal has already been approved the two local appraisers can not be used because they furnished appraisals to the school district previously. Motion by Mayor Jarstad and Commissioner Stewart to make money available from the Cumulative Reserve for General Municipal Purposes Fund for the appraisal and site plan so can submit application for funding, carried unanimously. SCHUYLER REZONE Mayor Jarstad stated there had been a statement in Planning Commission hearings that Mr. Schuyler would give beach front if he got his rezone. Mr. McCluskey stated he got the indication this had already been done. Mayor Jarstad stated beach frontage would give the city a long portion, with the property already deeded by others and would recommend postponment of reading the ordinance until this is obtained. Commissioner Stewart stated he didn't like to hold this over his head and Asst. City Attorney McCluskey advised that this was not a part of the fezone and the reason for delaying the approval of the rezone not part of the legal condition. CONSULTANT REPORT - Redevelopmerit Downtown Mayor Jarstad stated there would be a meeting at 7:00 A.M., Thursday, at the School Administration Building to hear the consultant report concerning downtown redevelopment. Mayor Jarstad left the meeting at this time. SCHUYLER REZONE - ORDINANCE No. 3290 Clerk read, second reading, Ordinance No. 3290, "An Ordinance amending the use and area maps according to Ordinance No. 1792 (Schuyler)." Motion by Commissioner Stewart and Commissioner Schoneman to pass Ordinance No. 3290 on second reading, by title only, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. TREASURER'S DUTIES: ORDINANCE No. 3291 Clerk read, second reading, Ordinance No. 3291, "An Ordinance relating to the Supervision, Powers and Duties, Record Keeping, and Assistants of the City Treasurer; and repealing Ordinances 3117, 3124 and 3209." Mr. McCluskey stated he had reviewed the proposed ordinance and it is o.k. to proceed. Motion by Commissioner Stewart and Commissioner Schoneman to pass Ordinance No. 3291 on second reading, by title only, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. DILLAN REZONE - ORDINANCE Clerk read, first reading, "An Ordinance amending the use and area maps according to Ordinance No. 1792 (Dillan)." Motion by Commissioner Stewart and Commissioner Schoneman to approve the ordinance on first reading, by title only, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. CONIFER REZONE - ORDINANCE Clerk read, first reading, "An Ordinance amending the use and area maps according to Ordinance No. 1792 (Conifer)." Motion by Commissioner Schoneman and Commissioner Stewart to approve the ordinance on first reading, by title only, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. PROSTITUTION ORDINANCE Clerk read, first reading, "An Ordinance establishing provisions for curtailment of prostitution and related activities and repealing Ordinance 325, Sections 11, 19, 13, 14, 15 and Ordinance 1979, Section 1." Under discussion: Commissioner -7- CITY COUNCIL MINUTES PG. 8 asked for the reason this shouldn't be handled under state law. Mr. McCluskey stated the police want to go into municipal court rather than district court and the police want to have control here and not in a county court; also, the city is paying the police to enforce the ordinances and the city should receive the fees. Commissioner Stewart pointed out there were expenses of legal fees for indigents, also. It was agreed to read the ordinance and discuss it later. Motion by Commissioner Schoneman and Commissioner Stewart to approve on first reading, by title only, carried as follows: Commissioner Stewart, Yes; Com- missioner Schoneman, Yes. LIGHTING CONTRACT - PSP&L Clerk submitted Mercury Vapor Street Lighting Service Contract, for five years, beginning April 22, 1976. Commissioner Schoneman gave a resume of street lighting costs, and stated there were no change in rates at this time. Motion by Commissioner Schoneman and Commissioner Stewart to approve the con- tract, carried unanimously. BILLS Motion by Commissioner Stewart and Commissioner Schoneman to give a blanket approval of Vouchers 2354 to 2428 inclusive in the amount of $93,854.96. Audited by John Ross, carried unanimously. Meeting adjourned at 12:30 P.M. G. C. YEADON, SR. City Clerk APPROVED: Mayor Glenn K. Jarstad -8-