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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.
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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.
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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.
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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
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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.
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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
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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
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