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HomeMy WebLinkAbout03/21/78 ? .PPROVED MINUTES CITY CO , SSIONERS' MEETING M NUTES COUNCIL March 2~, ~978 APPROVED MAR 2 8 1978 [APE #129 Regular meeting of the City Commissioners of the City of Bremerton, Washington, IA) 1427 was held in the Council Chambers at City Hall, 259 Fourth Street, on Tuesday, March 21, 1978 at 9:05 A.M., with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Swanson, City Clerk Mandio, Asst. City Attorney McCluskey and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Robert Barth of Unity Church. MINUTES OF MARCH 14, 1978 Motion by Mayor Jarstad and Commissioner Stewart to approve minutes as circulated, carried unanimously. NOTICES OF SEPARATION Nora Vealfred Powell, Police Dept., Patrolman, 3/13/78. Elizabeth Taylor, Parks & Recreation, Part-time Playleader, 3/17/78. Motion by Mayor Jarstad and Commissioner Swanson to approve separations, carried unanimously. NOTICES OF EMPLOYMENT David C. Boynton, Police Dept., 1st Yr. Patrolman, $6.94 per hr., 3/20/?8. Barbara Jean Corradi, Accounting/Treasurer, Extra Help, $4.00 per hr., 3/14/78. Farron Charles Randall, Parks & Recreation, Extra Labor, $2.65 per hr., 5/14/78. Motion by Commissioners Stewart and Swanson to approve notices of employment, carried unanimously. CHANGES OF PAY STATUS Gerald D. Kornish, Engineering, Engineering Aide I-8A to I-gB, $5.63 to $5.?9 per hr., 3/20/?8. Mary Y. Porter, Police Dept., Dept. Secretary 6-A to 6-B, $5.O1 to $5.16 per hr., 3/21/78. Terry Petcrson, Police Dept., tst Yr. ?atrotman to 2nd Yr. Patrolman, $6.94 to $7.23 per hr., 5/28/78. Robert N. Johnson, Police Dept., CETA to Patrol Division, no change in pay, . 3/t9/78. Motion by Mayor Jarstad and CommissionerSwanson to approve changes of pay status, carried unanimously. ~ASSAGE ~STARLZSI4J~ENT RENEWAL Hwa Ja ~wan¢~ Palace Sauna, signed by Asst. Chief Kvistad. CJerk stated she has a current state license. Motion by 6ommissioners Stewart and Swanson to approve renewa~ license applica- tion For Palace Sauna, carried unanimously. TAXICAB DRIVER'S LZCENSE Gar~ Allan Blverud, approved b~ Capt. Johnson For Chief of Foliceo Motion by Commissioner Stewart and Mayor Jarstad to approve taxicab driver's license application~ carried unanimously.. MUSZC MACHINE APPLICATIONS Thomas E. Sridmore, Music Machine for Uncle Tom~s Tavern, approved by Assr. Chief Kvistad and Clyde A. ~oppe, Husic Machine For Maple Leaf Tavern, approved by Assr. Chief Kvistad. Clerk stated these are both transfers. Motion b~ Mayor 5arstad and Co~issioner Swanson to approve music machine applications, carried unanimously. CLAIM FOR DAMAGES Duane Doering, $5,000.00. Claim stated he was falsely imprisoned duc to ncgJigent issuance of bench warrant for accruing five overtime parking tickets on a vehicle he had sold and had been officially transferred to the buyer. Brian High, $35,000.00. Claim stated he was arrested, imprisoned overnight and refused bail upon false and unfounded charges of shoplifting and interfering with a Bremerton Police Officer. Clerk stated both claims have been sent to thc insurance company and the Police Dept. CITY CO~ISSIONERS' MINUTES March 21, 1978 Page two WORK FORCE ACCOUNT - Water Dept. Clerk read memo from Water Superintendent, dated March 21, 1978, which requested authorization for Water Dept. to install 1,000 ft. of 8" ductile iron pipe and appurtenances to serve the area around the new Stampede lligh School, located north of Tracyton on Stampede Road at an estimated cost of $9,O52.86. Motion by Commissioners Stewart and Swanson to approve Work Force Account for Water Dept. as stated above, carried unanimously. REPLACEMENT OF SLUDGE FLIGItT CHAINS - Wastewater Dept. Clerk read memo from Waterwatcr Supervisor, dated Mar. 20, 1978, which stated that the sludge flight chains for-Basin #4 of Treatment Plant #2 are corroded and worn to the extent that they require frequent repair. The memo requested that (1) declare an emergency and waive a bid call to allow purchase of replace- ment chains from price quotations already received, or (2) advertise a bid call for replacement chains. Jim Root, City Engineer, stated if this sludge is not removed, there definitely is a health hazard and these flight chains are an absolute necessity for the overall operation of the treatment plant. Asst. City Attorney McCluskey stated that based on the memo, he does not think this can be declared an emergency because they are able to fix the chains as they break; that the City should call for bids. Commissioner Stewart stated if there is danger to the public health, he thinks it is an emergency. Commissioner Swanson stated that as long as the chains work and as long as any portion of the treatment plant works, there probably is not too much danger to the public health. He explained that the treatment plants are in a state of obsolesence; there has been no maintenance, repair or replacement of many of these parts; and the City is spending much time and money repairing when replacement should be done. Motion by Commissioners Swanson and Stewart to call for bids for replacement of sludge flight chains and instruct Purchasing Agent to expedite this in every way possible, carried unanimously. CALL FOR BIDS - Craven Center & City parking Garage Clerk read memo from Commissioner of Finance, dated March 16, 1978, which requested call for bids for the Craven Center and the City Parking Garage. The memo stated he would like to have one contract instead of two; have a flat rate of $800.00 per month; and have all bidders bid on the percentage of gross revenue they would require. Motion by Commissioners Stewart and SwanSon to call for bids as staked above. Under discussion: Commissioner Stewart stated everything else should be in the contract that is in it now. Motion carried unanimously. BID AWARD - Police Vehicles Clerk read memo from Chief of Police, dated March 16, 1978, which reconm~ended that bid be awarded to Kluge Chevrolet. The memo listed vehicles to be traded. Motion by Mayor Jarstad and Commissioner Swanson to award bid to Kluge Chevrolet, carried unanimously. BID AWARD - Hand Held Radar Units Clerk read memo from Chief of Police, dated March 20, 1978, which recommended that bid be awarded to Kustom Signals, Inc. for hand held radar units. The memo stated they were not low bidder but the reason this particular unit was picked is because of the frequency range which is not normally covered by radar detectors. · Motion by Mayor Jarstad and Commissioner Stewart to award bid to Kustom Signals, Inc., carried unanimously. CHANGE ORDER NO. 3, KITSAP DAY CARE CENTER Clerk read memo.from Grants Administrator~ dated March 17, 1978, which requested Council approval of Change Order No. 3 in the amount of $12,839.71 plus tax. The memo stated the Change Order calls for finishing a portion of the basement; that all costs for this work shall be borne by Kitsap Community Action Agency. Motion by Commissioners Stewart and Swanson to approve Change Order No. 3 and authorize Mayor and City Clerk to sign for the City, carried unanimously. -2- CITY COM~IISSIONERS' MINUTES March 21, 1978 Page three TRANSIT FUNDS Clerk read memo from City Treasurer and City Auditor, dated March 20, 1.978, which requested that City Council authorize an advance to the Transit Fund from Federal Revenue Sharing in the amount of $50,000.00, which will be reSmbursed when state matching funds are received. Commissioner Stewart stated this advance should be taken from the General Fund, not Federal Revenue Sharing. Motion by Commissioner Stewart and Mayor Jarstad to approve advance to Transit Fund and take it from General Fund, carried unanimously. RETAINED PERCENTAGE - SWIMMING POOL Clerk presented an executed Contractor's Option for Retainage Investment and Escrow Agreement from Cree Construction Co. Motion by Mayor Jarstad and Commissioner Stewart to approve Escrow Agreement and authorize Mayor and City Clerk to sign for the City, carried unanimously. PROGRAMMING SERVICES - Jack Clerk read memo from City Treasurer, dated March 20, 1978, which requested authorization to obtain service of Jack Motl for the analytical programming, implementation and documentation required to computerize the Water/Sewer Utility General Ledger. The memo stated the cost will be within the range of $5,952.00 to $6,912.OO, approximate starting time will b.e April 10, 1978 and completion will be within 12 weeks. Motion by Commissioners Stewart and Swanson to obtain services of Jack as stated above, carried unanimously. SELF-INSURANCE WORKERS COMPENSATION PROGRAM Clerk stated a report had been circulated to the Commissioners regarding self- insurance and she asked if they wanted to proceed with this program. Mayor Jarstad stated he appreciated all the work City Clerk has done in getting comparisons from other cities and he thinks the City should enter into this program. Motion by Mayor Jarstad and Commissioner Swanson to enter into self-insurance program and contract with Scott Wetzel. Under discussion: Commissioner Stewart stated he has a minute interest in the company. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Alp. stain, Commissioner Swanson, Yes. TITLE REPORTS & APPRAISALS - Warren Ave., 15th to 16th and llth g Naval Clerk read memo from City Engineer, dated March 20, 1978, which stated thc City received permission to proceed with preliminary engineering on the projects at Warren Ave., 15th to 16th and llth and Naval. The memo requested permission to obtain title reports from Pioneer Title and appraisals from Richard & Associates; that the cost will be taken from the Arterial Street Fund with reimbursement from Urban Arterial Trust Funds. Motion by Commissioners Swanson and Stewart to follow recommendations of City Engineer and obtain title reports and appraisals, carried unanimously. FIFTH LANING OF WHEATON WAY, SYLVAN TO BROAD'- Final Declaration of Non-Significance Clerk read memo from Planning Director, dated March 16, 1978, attached to which was the final declaration of non-significance regarding the environmental impact of the 5th Laning of Wheaton Way from Sylvan to Broad. The memo recommended that City Council adopt this declaration prior to any further actions being taken on the project. Motion by Commissioners Swanson and Stewart to adopt final declaration of non- significance on the above project, carried unanimously. CODIFICATION OF ORDINANCES Clerk reported that many of the City's ordinances need to be reviewed and updated. She requested that she be given authorization to look into cost of having the ordinances reviewed and updated. Motion by Commissioners Stewart and Swanson to authorize City Clerk to look into the cost of having ordinances reviewed and updated, carried unanimously. -3- CITY COmmISSIONERS' MINUTES March 21, 1978 Page four ORDINANCE NO. 3415 - Glcason Change in Land Usc Restrictions Clerk read, second reading, "AN ORDINANCE amending the Land Use Restrictions (Site Plan) adopted by Ordinance No. 3297 which amended Ordinance No. 3236 (Fred L. and Sherlie M. Gleason)" Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3415 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE NO. 3416 - Swiningston Rezone Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 in confo~raity with Title IV, Chapter One, thereof in the following manner: (Swiningston)". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3416 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE NO. 3417 ~ Bremerton Concrete Products Rezone Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 in conformity with Title IV, Chapter One thereof in the following manner (Bremerton Concrete Products)". Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3417 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. BILLS Motion by Mayor Jarstad and Commissioner Swanson to give blanket approval to vouchers 03380 thru 03492 inclusive in the amount of $85,835.65, audited by John Ross, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Abstain due to a minute interest in FMC Co~p.; Commissioner Swanson, Yes. 'Motion by Commissioners Stewart and Swanson to give blanket approval to vouchers 3372 thru 3375 inclusive in the amount of $1,152.89, audited by John Ross, carried unanimously. Meeting recessed from 9:48 A.~. until 10:00 A.M. Mr. McCluskey left the meeting at this time. PUBLIC RECOGNITION Jan LaPrath was present to speak about subsidized transportation for the handi- capped. Commissioner Stewart explained that last year the City proposed to spend $5,000.00 to subsidize handicapped transportation in Bremerton. He stated the handicapped program now has a van that is used to transport handi- capped, but they would like to use the taxicabs also. He stated the users would be charged $.50 and the City would pay the balance of thc cab fare. He stated he has not talked to the taxicab companies but he knows arrangements can be worked out. Ms. LaPrath spoke about the proposal and stated she hoped City Council will allow them to use the taxi as a backup to their van. Motion by Commissioners Stewart and Swanson to allow Commissioner Stewart to work out arrangements with taxicab companies and utilize this service for the handicapped, carried unanimously. STOP WORK ORDER - LUNAR LAND DE~.;LOPMENT Clerk read letter from Ronald L. Lawson, dated March 20, 1978, which stated that he is appealing a stop work order issued on the construction of a duplex for Phillip L. Mhoon on East 18th St. The letter stated an alternative to having the stop work order removed would be for the City to grant a variance to allow them to complete construction as designed. ~Mr. Lawson, President of Lunar Land Development, explained the processes he had gone through and stated he had complied with the plans as they were submitted and approved. He stated they have kept the building under the 30 ft. height; but thc view of some of the adjoining property owners has been obstructed. He stated the loft will not go any further with obstructing this view; that the second floor has already eliminated that view. He spoke of the delays which are costing him money and time and stated he would like to have this handled as expeditiously as possible. He stated the owner of this building has the same legal rights as other residents -4- · CITY CO~MISSIONERS' MINUTES March 21, 1978 Page five in the area, and he should be allowed the comfort and use of the home that he has had designed and hopes to live in. He stated that the third floor, which was so designated on the original plans, was changed to "loft" because it did not cover the entire third floor. He asked that City Council move to have the Building Dept. remove the stop work order and allow him to complete the structure as.it has been designed. He stated again that they have complied with everything. Mayor Jarstad recessed the meeting at 10:15 A.M. until 10:20 A.M. to wait for a representative from the City Attorney's office. Asst. City Attorney Ryan entered the meeting at this time. R.'A. NORTON PROPERTY DISPUTE R. A. Norton, 523 ?th St., presented two petitions to City Commissioners. He read the petitions, the first regarding transfer of taxpayer property without payment in contradiction of State law and the second regarding reclassification of his property from Business to Residential. These are on file in the City Clerk's office. Mr. Norton explained that he has been harrassed by a ten-ton storage shed truck which is placed on Rainier Bank property within six feet of his living room window and obscuring light and vision in his home. He stated he has contacted the bank and also Floormaster but has received no help from them. He stated Commissioner Swanson was told of the problem and upon advice from City Attorney's office, informed Mr. Norton that nothing can be done because the City has his residence zoned commercial. This is the reason for asking that his property be rezoned residential because that will bring into effect a 15-foot setback having to do with parkings lots adjacent to residential property. He stated he wants the same protection afforded other residences in the City and he does not object to the parking lot, only the truck. Commissioner Stewart stated he had no objection to rezoning his property and asked the City Attorney if this could be done. Mr. Ryan stated that Council can ask Planning Commission to start the rezone procedure~ but it would have to go through due process. Mayor Jarstad stated he would like to have more backgrOund information; that he does not think it would be legal for the Council to unilaterally rezone property. He stated if Mr. Norton wants his property rezoned, he should go throughthe proper procedure and apply to the Planning Commission for a rezone. Mr. Norton stated that he understands the whole block is zoned commercial and Commissioner Swanson stated that block has been zoned commercial since 1958 or before. He stated he has asked the City Attorney's office for a response on this problem. Mr. Norton stated that is the reason for his being here today -- because he thought the City Attorney's office should have had an answer by now. Commissioner Stewart suggested sending a letter to Rainier Bank and Floormasters. A lengthy dis- cussion followed and it was the consensus of the Commissioners to inform both the bank and Floormasters that Mr. Norton has contacted them and he may petition to have his property rezoned. Mr. Norton stated he is looking for a solution and no more delays. Commissioner Stewart asked Mr. Norton to let the Council send the letter and see what happens, tte stated he is sympathetic to his problem and he will personally do everything he can to resolve it. Motion by Commissioner Stewart and MayOr Jarstad to send letter to Rainier Bank and Floormasters telling them Mr. Norton's problem and his intention to request a rezone of his property, carried unanimously. STOP WORK ORDER - LUNAR L~J~D DEVELOPMENT (continued) Mayor Jarstad explained Mr. Lawson's problem to Mr. Ryan and asked him what the proper procedural steps were. Mr. Ryan stated that Mr. Lawson should appeal to the Planning Commission within ten days of the stop work order and the Planning Commission will send it to the City Council. Mr. Attebery, Planning Director, stated.it is unusual for the Planning Commission to be the Board of Appeal on a building issue, lte stated he had informed Mr. Lawson's attorney that if they want a variance, they should go to the Planning Commission. -5- · CITY COMMISSIONERS' ~INUTES March 2i, 1978 Page six Mr. Lawson stated that if it is necessary for him to get a variance to proceed then he will follow whatever steps are necessary. Commissioner Swanson stated that if there is going to be a hearing or discussion on this stop work order, then it should be made a public hearinq and the Building Inspector should be notified. He recommended that any action be postponed until next week. Mr. Lawson stated the Building Dept. was given a copy of his letter yesterday, as was the City Attorney's office. In answer to a question from Mayor Jarstad, Mr. Ryan stated that public notice should be made before any testimony is taken regarding this problem. Motion by Mayor Jarstad and Commissioner Swanson to set date for public hearing on April 4, 1978 at 10:30 A.M., carried unanimously. HEARINGS - Foster/Brown Development Rezone, Interim Arterial Policy Resolution and Six-Year Construction Program Supplemental Motion by Mayor Jarstad and Commissioner Swanson to hold hearings in order listed a o--~, carried unanimously. ~PE #129 FOSTER/BROWNDEVELOPMENT REZONE (A) 2350 Clerk stated she had advertised and posted and letters of notification had been mailed to residents as required by law. She read Planning Commission Resolution No. 453 which recommended approval of rezone farom R-1 to B-2. She then read Planning Commission Minutes dated Feb. 21, 1978 and stated SO advisory ballots had been sent out, 9 returned with 8 agreeing and one disagreeing with the rezone. Hearing was recessed to open bids. BID OPENING - #18 ReSerVoir Construction Motion by Mayor Jarstad and Commissioner Swanson to open bids at this time, carried unanimously. Maltby Tank & Barge, Inc., bid bond enclosed, $182,768.90. PDM Steel Co., bid bond enclosed, $167,524.15. Chicago Bridge & Iron Co., bid bond enclosed, $175,863.83. Reliable Steel Fabricators, Inc., bid bond enclosed, $175,276.32. Pacific Tank & Construction Corp., bid bond enclosed, $184~912.94. U.S. Tank and Construction Co., Inc., bid bond enclosed, $185,027.O0. Motion by Commissioners Swanson and Stewart to refer bids to Water Superintendent for evaluation and award at a later date, carried unanimously. Mr. Ryan left the meeting at this time and Mr. McCluskey re-entered. FOSTER/BR0t~N DEVELOPMENT REZONE (continued) Ken Attebery, Planning Director, spoke of the proposed rezone using a site plan and colored sketch. He presented the Staff Review and stated most points had been covered by the Planning Commission Resolution. He explained that after the Planning Commission Hearing, it was brought to his attention that one parcel of property within this entire development scheme was not under the control of the applicant. He stated the applicant has presented a modified site plan which moves the three-level building to the north and it now occupies the rezone area. The parcel of land referred to has not been taken out of the scheme. He stated the access provided to Wheaton Way is still in basically the same location as the first plan, as are the other two accesses, tie stated there are two or three residences on the redevelopment site that are not occupied. PROPONENTS: Jim Brown, 2326 Whcaton Way, stated the original plot was a tentative sketch that was drawn up about November when they were negotiating with Mrs. Dougherty for her property, which is already zoned commercial, tie stated her property is only about 4,000 sq. ft. and practically nothing can be built on this; that he did not want to see her stuck with a piece of property that she would not be able to sell or use at a later date. He stated hc was asked at the Planning Commission Hearing if hc owned the property adjacent to thc rezone and hc answered yes. Be stated he did not think they meant property 300 ft. away. Hc stated they own all the land adjacent to thc rezone. He spoke of the development and stated he felt this would bca great improvement to thc area. He stated the -6- CITY COMMISSIONERS' MINUTES March 21, 1978 Page seven tentative plans are for an enclosed mall. A short discussion followed as to what kind of shops will be included in the mall and how large the buildings will be. OPPONENTS: Bill Amo spoke in opposition to the rezone application, tie stated he had seconded the motion in Planning Commission Hearing, but after the hearing, Mrs. Doughtery called him and told him she was being harrassed by the appli- cants, tie stated that he discovered her property was right in the middle of the site plan that was approved at the Planning Commission Hearing. Mr. Amo requested that City Council rtject this site plan and refer it back to the Planning Commission to get an honest evaluation. Bonnie Byrne stated she has lived in this neighborhood 30 years. She prer sented a petition signed by almost everyone living on Wheaton Way, but she stated the petition does not apply to this rezone; that it pertains to the comprehensive plan. She stated they feel that this rezone is going to be a benefit to the neighborhood. Mayor Jarstad asked Mr. Attebery if there is a dramatic change in land utiliza- tion as far as egress and ingress is concerned. Mr. Attebery stated there is very little difference in the two site plans with the exception of that one parcel which would cause the No. 1 building to be moved to the north. He stated it would cause some difficulty to work around that piece of property and some bulkheading would probably have to be put in to retain that site. He stated his main concern regarding this rezone was that access farom East 29th and Eagle be eliminated for everyone but emergencies and the Planning Commission included this in their resolution. He encouraged Council to support the condition that emergency access only be allowed on Eagle and East 29th. if approval is granted. Commissioner Stewart asked Mr. Brown what kind of an impact he thought this development would have on Mrs. Dougherty and her property and Mr. Brown replied that her refusal to sell floors him. He stated they will fill and grade as necessary. ~e stated they will put bulkheads in and they will be from four ft. to six ft. all around her property. Motion by Mayor Jarstad and Commissioner Stewart to approve rezone from R-1 to B-2, to include recommendations made by Planning Commission and with the new site plan that has been presented today in substitutionfor the site plan approved by Planning Commission. Under discussion: Mrs. Dougherty stated she had owned her property for 35 years or more and she likes her place. She stated she does not want to sell. She stated she is not against the rezone; that she only wants the mess cleaned up. Motion carried unanimously. TAPE #129 INTERIM ARTERIAL POLICY RESOLUTION (B) 540 Ken Attebery, Planning Director, stated he has received recommendations and comments from various sources but has not had an opportunity to incorporate these suggestions for review. Mayor Jarstad stated this will be a continuation and no action will be taken today. Mr. Attebery suggested referring comments and letters back to him and he will formulate and bring back to Council. Motion by Commissioners Stewart and Swanson to continue hearing until April 4, 1978 at 10:30 A.M., carried unanimously. TAPE #129 SIX-YEAR CONSTRUCTION PROGRAM SUPPLEMENTAL (B) 600 Clerk stated she had advertised and posted as required by law. She stated no correspondence had been received. Jim Root, City Engineer, stated that since the Six-Year Construction Program was adopted by June, 1977, nine different projects have been accepted or are in the stage of being accepted. He stated these projects have to be matched with about 20% and they propose to match these with thc half cent gas tax. He listed and described the projects: (1) Warren Avenue 13th St. Intersection, radius curb return; (2) Warren Avenue 5th Street Intersection, Signal, upgrade to code; (3) Burwell Street, Callow Avenue Intersection, Signal Modification; -7- CITY C0~ISSIONERS' ~iNUTES March 21, 1978 Page eight (4) Burwell Street, Warren. Avenue Intersection, New Signal; (5) Burwcll Street, Montgomery Avenue Intersection, Flasher, upgrade to code; (6) Eleventh Street, Rainier Avenue Intersection, New Flasher; (7) Thirteenth Street, Chester Avenue Intersection, Gr., Curb to Curb, Sidewalk in O.C. area; (8) Fourth Street, Pacific Avenue Intersection, Signal, upgrade to code; and (9) Fourth Street, Park Avenue Intersection, New Signal. Motion by Commissioners Stewart and Swanson to accept Six-Year Supplemental Program, carried unanimously. RESOLUTION NO. 1755 - Six-Year Constrauction Program Supplemental Clerk read, "A RESOLUTION adopting the Supplemental Listing to the Six-Year Comprehensive Street Program". Motion by Commissioners Swanson and Stewart to pass Resolution No. 1755, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Conunissioner Swanson, Yes. C0~IMISSIONERS' REPORTS Commissioner Stewart: He spoke about the proposed ordinance regarding licensing dogs and differential license fees. He stated that Mr. Matlock from the Humane Society was present to speak. He noted the changes that have been made and said that copies would be distributed to anyone who wanted one. He spoke of the difference in revenue between King County and Kitsap County and stated that Bremerton only receives 27% of the animal control costs from licensing, where King County receives 100% and Kitsap County receives 47%. He stated there will be a $25.00 penalty for any animal picked up without a license. Chris Nelson stated she has lived in Bremerton for about ten years and she does not feel she should have to buy a license for her dogs because they are never allowed outside without her with them. She asked about the leash law and Commissioner Stewart stated that dogs do no~ have to be on a leash, they only have to be controlled by a responsible person. Ms. Nelson stated she did not think it is fair that she has to buy a license because she doesn't get anything for her money; that her dogs never leave the premises. Commissioner Stewart stated it doesn't matter; anyone who owns a dog or eat must license their pet or ~hey are in violation of City Ordinance. Eldon Matlock from the Rumane Society recommended that the ordinance set forth what is required as proof of neutering or spaying. He stated the $25.00 penalty should be eliminated as this condemns dogs to death because most people won't pay a penalty like that. Commissioner Stewart questioned the impounding fee set forth by the ttumtane Society and stated this condemns a dog to death also. Mr. Matlock stated he questioned going on a person's property to pick up a dog or cai with no license, tie stated it is not the Humane Society's policy to enter a home to pick up a dog or cat. Mr. McCluskey stated they are within their legal right because it is a violation of City Ordinance. Mrs. John Nafie, Sr., stated she lives between llth and 13th on Rainier and she complained of the number of dogs that run loose in her neighborhood. She stated she would like to see these dogs picked up or on a leash and she is in favor of the license fee. Commissioner Swanson: Iqn~r 1. Itc stated yesterday and today there was a street ~ operating on W heston Way between Riddell and ttollis. He stated it was a reasonably new piece of equipment and he watched it for the first time yesterday, lie stated that if everything goes as planned, it will give the City a savings of about $12,000.00 on the cost of removal and leveling and give a smoother ride. He suggested looking at it today while it is still in operation. 2. Stated that DOT has announced they will resurface the Manette Bridge and Warren Avenue Bridge this summer, hopefully early this summer. -8- CITY COMMISSIONERS' MINUTES March 21, 1978 Page nine Asst. City Attorney McCluskey: Stated that last week there was some concern about the water agreement with Port Orchard~ tie stated there is no problem because Port Orchard won't be charged for water unless they use it. He read the contract to the Commissioners and explained that the $1,000.00 a month payment is just a minimum payment and unless water is delivered, there is no charge. ORDINANCE, FIRST P~XADING - Repealing Section 411, Ordinance No. 1792 Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 1792 by repealing, in its entirety, Section 411 of said ordinance". Motion by Mayor Jarstad and Commissioner Stewart to approve ordinance on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes, COM~IISSIONERS' REPORTS (continued) Mayor Jarstad: 1. Suggested replacing the old table and chairs that are in the Council Chambers and putting padding on the rest of the benches. He stated if the Court uses the Chambers, maybe the funds should come out of their budget. He also suggested refinishing the benches. 2. Stated he has accepted a letter of resignation from Marian Olsen from the Planning Commission. Asked the Commissioners for a~y suggestions for a replacement for Ms. Olsen. Stated she has been an excellent member and he hates to see her resign. Meeting adjourned at 12:30 P.M. Kathleen L. Mandio, City Clerk Approved: Glenn K. Jarstad, Mayor -g-