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HomeMy WebLinkAbout04/11/78 -. % ~ ~"'~PPROVED MINUTES " CITY COMMISSIONERS' MEETING MINUTES APR 1 8 1978 Apri 11, 1978 COUNCIL AP FAPE #130 Regular meet&rig of the City Commissioners of the City of Bremerton, Washington, (B 1915 was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, April 11, 1978 at 9:00 A.M., with Mayor' Jarstad presiding. Also present were Commissioner Stewart, Commissioner Swanson, City Clerk Mandio, Asst. City Attorney Sexton and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. David McFarlane, Asst. Pastor of Manette Community Church. MINUTES OF APRIL 4, 1978 Motion by Mayor Jarstad and Commissioner'Swanson to approve minutes as circu- Iated, carried unanimous].y. HEARING - Bid Award, Moveable Bulkhead Wi11~am M. Smith, 11121 Main Street, Bellevue, WA, stated that he was the low bidder'; that he has iost seyeral bids in the past but because he was high bidder. He stated it is unusual to be the low bidder and lose business for reasons that are not p~rt of the specifications. He stated his understanding of the charter is that the award is made to the "lowest responsible bidder"~ and if th&s is not awarded to him, he must assume that he is not a responsible bidder. According to Mr. Rich's Ietter regarding San Juan, he felt: (1) they had an improved buIkhead; (2) that they used a balsa wood core to stiffen the bulkhead; and (3) they had stainless steel rollers. He stated h~s bond &nd everything is good and he is trying to find out why the low bid was rejected. Mayor Jarstad explained the reason his bid was rejected is because the Council followed the recommendation of Mr. Rich, the architect, to award the bid to San Juan Pooi Corp. Mr. Smith asked if the Council had made any investigation &t all ~nd Mayor Jarstad replied no; that they followed Mr. Rich's recommendat±on. Harry B. Rich, architect for the swimming pool/youth and senior c~tizens' center, re~d a prepared statement defending h&s choice for the San Juan Pool bulkhead and stated its superior qua!ities. The statement also cited h&s background and experience. Copy of this letter is on file. A lengthy discussion followed regarding several pools in the area and Mr. Smith alleged that many pools that have been built by San Juan cannot be used tod~y. Mr. Smith give his background and experience and stated he has constructed 32 municlpal type pools; that he does nothing but deal with swimming pools. Mr. Rich stated he thinks the S~n Juan bulkhead is superior. He stated that San Juan has refined the±r buikhead and gotten the bugs out so there are not as many problems. Commissioner Stewart asked if the San Juan bulkhead was lighter and easier' to move and Mr. Rich stated yes. Commissioner Stewart asked if Mr. Rich could move the bulkhead that Mr. Smith produces and Mr. Rich stated he did not th~nk so; bu~ he was able to move one made by San Juan w~th the heIp of one person. Mr. Rich stated he thinks the best product is the one that has been refined the most and he thinks it is more valuable to the City of Bremerton to have a better product. Mr. Smith stated his bulkhead is moved daily and he is not suggesting that his bulkhead is perfect; but he feels the two bulkheads are equal. Mr. Sexton asked Mr. Rich if he is convinced that the bulkhead from ~an Juan wiZ1 move easier than the one from Smith & Associates and Mr. Rich stated it is hard to say. Mr. Sexton asked if Mr. Rich had made a factual determination that the San Juan Pool bulkhead would move easier than the Chemithon on the same tracks and Mr. Rich replied there are insufficient facts to m~ke this determination. Commissioner Stewart stated he is concerned about the legalities of awarding this bid to other than the low bidder when they both meet the specJf±catJons. Mr. Sexton stated Mr. Rich can make a choice Jf he is convinced one is superior over the other. Commiss±oner Stewart stated he is concerned from the stand- ,. CITY COMMISSIONERS' N~UTES April 11, 1978 Page two point of legality and he wants the City Attorney's assurance that the bid can be awarded to the second lowest bidder. Mr. Sexton stated this is not a legal decision at this time; that these are interpretations and they should be reiying on the architect. He stated the Commissioners have to make some determination themselves based upon the testimony they have:heard today. He stated the second part of Mr. Rich's letter lists the balsa wood filler and their decision must be based on a factual conclusion of what has been presented today. Commissioner Swanson stated the City is looking at a long-term investment that w~lt affect its citizens for a long time. He sta~ed Jt is very difficult for him tO make a factual determination; that both contractors are very meputabie and he has great faith in Mr. Rich: Motion by Commissioners Swanson and Stewart to have Ray Foley of the Parks Dept. and Jim Root of Engineerin9 do some independent research and come back to Council with a recommendation. Under discussion: Commissioner Stewart suggested throwing both bids out and calling £or bids again. He stated it would be better to rewrite the specifications and it would be a better resolution to go out for bids again rather than get an independent investigation. Commissioner Swanson stated there are two or three things he would like to look at: (1) The City has retained an architect and his opinion is certainly respected; (2) Bid prices are very close to being the same; and (3) There are not too many people making bulkheads. He asked how people manufacture bulkheads that conform to specs and Mr. Smith stated San .Juan and himself. Mayor darstad stated that his concern is that an architect was hired to design, build and furnish the most modern pool in the Northwest and Mr. Rich is convinced that the San Juan Pool is the best one to furnish the bulkhead because of its track record. He stated this bid was awarded to San Juan Pool Corp. with the advice of the architect and the City Attorney's office and the Council has the option to award the bid to the bidder who is the most responsible and will provide the best bulkhead. Commissioner Stewart read the charter which states that a bid shall be awarded to the lowest responsible bidder' and he stated that Mr. Smith has not been proven to be an irresponsible bidder. He stated he feels the bids should be thrown out and call for bids again or award the bid to the low bidder. Mr. Sexton agreed with Commissioner Stewart and stated that unless t'hey are not a responsible bidden or if their product is not inferior, the Council has the responsibility to award the bid to Mr. Smith as the low bidder unless there are extenuating circumstances. He stated that perhaps a fact-find;~committee will find that this product is inferior. Amended motion by Commissioners Swanson and Stewart that whoever does the investi- gation get. all the information that has been obtained. Question was called on both motions and both carried unanimously. COMMISSIONERS' REPORTS Commissioner Stewart: J. Stated there has been a great deal of vandalism in the City cemetery. He urged the Council to notify the Police Dept. to see what can be done. He stated he does not understand the logic of people who do these things and he would like to see the Police Dept. patrol this area. 2. System with the bank for clearing checks should begin operation within a few months and there will be very little cost involved. Commissioner Swanson: 1. March building permits were in the amount of $3,22g~g34.00. Swimming pool amounted to $1,281,000.00 and the Doctors Clinic $700,000.00. 2. Water Dept. has had some bad vandalism. He discussed the well they would like to sell the remains of to North Perry. He stated the Bridle Ridge well was also damaged. All oF the areas seem to b'e subject to more and more vandalism. He stated if it continues, the City may have to go to electrical surveillance. Mayor Jarstad: 1. Stated there were a total of' 1142 arrests in the month of March and this is the highest he has ever reported. 923 were traffic related; 11 disorderly conduct; and 208 others. He stated he appreciates the activities of the Police Dept. 2. Fire Dept. had 172 nuns! 98 were first aid and rescue. He extended his compliments to the paramedics and firefighters. He stated the City has good inspection service and there has been a great deal of effort on Mr. Horton's part to get buildings up to code. -2- CITY COMM~SSIONERS' MINUTES April 11, 1978 Page three 3. Testified before Senator Jackson's energy committee to adopt a comprehensive plan of distribution of available supplies of ]ow cost energy. He stated the Snohomish PUD And City of Seattle were against the proposed bill. He was impressed with testimony from other cities. He stated 'that 65%of everyone in the area is served by private power with rates regulated by the State, He stated the City t~as a stake in what kJn~ of bill comes out of Congress; that'the largest users of energy are'the aluminum companies and they settie here not for the low cost of power but availability. He did express the motion of the Bremerton City Commissioners to be considered in the distribution of energy. 4. Stated he will speak before the Seattle Norwegian Group this week. 5. Encouraged Bremerton residents, to Attend the Sounders game Saturday night as it is Bremerton community night. Meeting recessed from 10:15 A.M. Until 10:30 A.M. Mr. Sexton left and Mr. MeCluskey entered the meeting at this time. 1977 FIRE ALARM CODE Max Meigs, Fire Chief, presented an emergency ordinance to adopt the 1977 Fire Alarm Code and Commissioner Stewart questioned why it ~as presented as an emergency. He stated he would like to have time to review it before passage and ±~ it is passed as an emergency, he does not have this opportunity. Mr. Meigs stated it should be passed as an emergency because there are buildings under construction now that do not have adequate alarm systems. Commissioner' Stewart asked why it has taken so long to prepare this ordinance and Mr. Meigs stated the ordinance has been changed to meet the needs of the City and it takes, time to make these changes. Commissioner, Stewart asked what is inadequate about the systems in use now and Mr. Meigs replied they do not give adequate warnings and the new Fire Alarm Code will cause a coded alarm system to be installed that will transmit to a supervised location. Discussion followed regarding the emergency clause and Mr. Meigs sta~ed he has only presented the ordinance for adoption; if the Commissioners do not want to pass it as an emergency, that is their decision. MAyor Jarstad stated he feels it is in the best interest of the City to upgrade the fire codes and many times it takes two or three years to update codes. Commissioner Stewart suggested adopting the new codes for ail existing buiIdings and Mr. McCiuskey stated there are things in the Iife safety code wh±ch wii] require buildings to come up to li~e safety code. Jack Horton, Fire Inspector, expIained that this basic fire alarm code was formerly Washington code and it was enforced by them up untii the time that it was determined At the State ievei that due to a technical error, the State could no ionger enforce ±t. He stated there are two or three buiIdings under construction At the present time that do not have Adequate systems and this ordinance is the oniy one they are asking to be passed as an emergency. A short discussion folIowed regarding the different occupancies And the type of alarm needed Jn each occupancy. Commissioner Stewart stated he is adopting the ordinance on faith and Mr. Horror expIained th~ these codes are drawn up by various peopie in ali waiks of Iife. Mayor Jarstad suggested deiaying adoption of the ordinances untii after the scheduied hearing. HEARING - CHAMBERLIN RIGHT-OF-WAY VACATION Motion by MAyor JArstAd And Commissioner ~wAnson to hoid ChamberI~n R/W Vacation Hearing At th~s tlme, carried unanimousIy. TAPE #131 Cierk stated the hearing was posted as required by law. She read PZanning (A) g71 Commission Resolution No. 451 recommending denial of VAcation. She then read Planning Commission Minutes dated Feb. 21, lg78. Ken Attebery, PIanning B/rector, stated Mr. ChamberIin's request ±s!for vacation of the south 20 ft. of East gth St. between Upper Shore Dr. and approximateiy the 6enter iine of Pitt Ave. He stated the existing use is part lawn area with hedge and fence and part road shoulder and grassy area. He used a colored sketch to show the iocation and stated the staff analysis indicates that vacation of 20 ft. of this r~ght-of-way seems inappropr±Ate for a number of reasons: (1) To reduce the totai R/W to less th~n 50 ft. would not be in the best interest of the City; (2) A 20-ft. vacation on the south side might indicate a precedent for a similar request on the north side; and (3) A street use permit might be an aIternative to the vacation to fuif±ii the needs of the appiic&nt and ]eAve options open to the City. --3-- ~'~ CITY COMMISSIONERS~ MINUTES April 11, 1978 Page four Commissioner Stewart asked what a street use permit would do for Mr. Chamberlin and Mr, Attebery replied it would provide that he could contlnue to use that portion which he has improved. Mr. McCluskey stated it would also prevent anyone else from going on the property. PROPONENT: Mrs. McCormick, representing Mr. Chamberlin, stated that Mr. Chamberlin was advlsed to clear up his property lines because he plans to sell his property eventuaily. She stated he needs this Additional property to add onto his present structure and she isn't sure about a street use permit; that it would not help him as far as getting more out of his property.. She stated she hoped this would be heard on its own merits. Commissioner Stewart asked how much R/W is needed by the City and Comm±ssioner Swanson stated that 50 ft. is the absolute minimum. He stated if they approved this 20 foot vacation, the City would be obligated to give away the other side and that would leave a 10 foot alley. Mrs. McCormick stated there are 60 feet now and there is no room for sidewalks. Commissioner Swanson stated the City has to look at the future development of this area as well as the situation today and he is very reluctant to cut it to less than 50 ft. and would like to keep it at O0 ft. Mr. McCluskey stated the home was apparently built before setbacks were required and if this property is vacated, he would be required to go by the setbacks if he does add on. He stated it would be very difficult to build. OPPONENTS: Robert Njegovan, 222 Shore Dr., stated the vacation would be fine if the City would make an absolute statement from this time hence they would not mess with his end of it. He stated if the City could not assure him of this, he is opposed to the vacation because his house has been there for 78 years and he doesn't want to have to cut in with a bulldozer and build a new bulkhead. Mayor Jarstad stated that ~t appears the street R/W probably touches both of those homes and both are using ib as a buffer zone. Mr. Njegovan stated his fence is four inches on City property but his rock wall is all on City property. Hearing was recessed for bid opening. BID OPENING - Parking Facilities, Washington St. & Park Ave. Motion by Mayor Jarstad and Comm±ssioner Stewart to open bids at this time, carried unanimously. Diamond Parking, $50.00 cashier's check enclosed, g.g% of Gross Revenue in addition to monthly sum of $800.00. APCOA, Inc., $50.00 certified check enclosed, 2.g87% of Gross Revenue in Addition to monthly sum of $800.00. Motlon by Commissioner Stewart and Mayor Jarstad to refer bids to proper committee for evaluation and award at a later date, carried unanimously. HEARING - (continued) Commissioner Swanson stated this area may be developed at a later date and he might consider a five-foot vacation on either side to be fair to both, but that is about all. Commissioner Stewart commented that five feet will not. help Mr. Chamberlin at all and he asked about granting a var. iance so he would not have to conform to t-he setbacks. Mr. McCluekey stated Mr. Chamberlin already has a variance because of use. Commissioner Stewart asked if he was burned down, coutd he rebuild his home as it is now and Mr. Attebery stated he believed he would have to comply with the ordinances as they are now. Commissioner Stewart stated this renders his property useless and Mr. Attebery stated there may be other portions of the property where additions could be made to that residence and still comply with setbacks. Comm±ssioner Stewart again asked about granting -4- CZTY CC~IM~SSIONERS' MINUTES April 11, 1978 Page five a variance and Mc. Attebery explained the procedure to apply for a variance and the circumstances under which a variance is granted. Mr. Moyer, 214 Shore Dr., stated he owns property exactly a block away from. Mr. Chamberlin's property and he wants to be treated equally? He stated the streets ape nice and wide and he thinks they should be maintained. He stated if the City starts to give away property, he wants his share. Mayor darstad stated the testimony heard today and the recommendation of the Planning Commission to deny the vacation have to be weighed very strongly and the Council can only act on the application which is before them now. He stated this is a unique situation but he thinks the application for a 20-ft. vacation would not be a proper move. Commissioner Stewart stated that when streets are vacated, it is done based on the fact that there is never going to be a need for that property in the future. Motion by Commissioners Swanson and Stewart to deny application for vacation. Under discussion: Commiss/oner Stewart stated he hopes there is something that can beAzn the wa~ of a variance or something. Commissioner Swanson suggested that Mr. Chamberlin apply for a street use permit to receive some degpee of protection. Motion carried unanimously. ORDINANCE NO. 3424 - 1977 Fire Alarm Code (Emergency) Clerk read, first reading, "AN ORDINANCE adopting the 1977 Fire Alarm Code for the City of Bremerton and declaring an emergency". Motioo by Mayor Jarstad and Commissioner Swanson to pass Ordinance No. 3424 on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST READING - 1976 Life Safety Code Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 2815 and adopting the 1976 Edition of the Life Safety Code of the National Fire Protection Association, Appendices A and B included therein". Motion by Mayor Ja~stad and Commissioner Swanson to approve ordinance on first reading, by title only, carried as follows: Mayor darstad, Yes; Commis- sioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST READING - Bureau of Fire Prevention Clerk read, first reading, "AN ORDINANCE amending Section land Section 3 of Ordinance No. 2802, establishing a Bureau of Fire Prevention providing regula- tions for fire prevention and protection, providing for officers to enforce said regulations; and establishing penalties for violations thereof". Mayor Jarstad requested that this ordinance be held back for a week so that he could review it. ORDINANCE, FIRST READING - False Fire Alarm Clepk read, first reading, "AN ORDINANCE amending S~ction 50 of Ordinance No. 325 making it unlawful to give, signal, transmit or cause to give, signal or transmit a false fire alarm". Motion by Mayor Jarstad and Commissioner Stewart to approve ordinance on first reading, by titIe only, carried as foliows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. SEPARATION Keith Whittaker, WastewAter Dept., Sewec Foreman, 4/30/78. Motion by Commissioner Stewart and Mayor Jarstad to approve separation, carried unanimously.. NOTICES OF EMPLOYMENT H. O~ Domst~d, Water Suppiy, Part-time, $5.50 per hr., 4/10/78. ~iliiam Stone, Parks & Recreation, Part-time Piayieader, $3.40 per hr., 3/27/78. Motion by Commissioners Stewart and Swanson to approve notices of empioyment, carried unanimousIy. -5- CITY COMMISSIONERS' N,-,~UTES ApriI 11, 1978 Page six NOTICE OF TRANSFER William Duffiy, Engineering to Water Distribution, Engineering Aide II to Civil Engineer, 1OC to 13A, $6.71 per hr. to $7.56 per hr., 4/17/78. Motion by Commissioners Swanson and Stewart to approve notice of transfer, carried unanimously. CHANGES OF PAY STATUS Douglas Schlyer, Wastewater, Operator I 7A to 7B, $5.30 to $5.48 per hr., 4/5/78. Peter R. Richter, Water Supply, Serviceman I'7A to 7B, $5.30 to $5.48 per hr., 4/5/78. Jack J. Hirsh, Wastewater, Operator I 7A to 7B, $5.30 to $5.48 per hr., 4/6/78. Steven Jaynes, Wastewater, Serviceman II to Serviceman Senior, $6.5~ to $6.7~ per hr., 4/11/78. Motion by Commissioners Swanson and Stewart to approve changes of pay status, carried unanimousiy. PAYROLL VOUCHERS CIaim Fund, Bank Service Charge (Special run re: SUI exemption removal on Fire & Police Dept.), $24.14; Cla±m Fund, FICA and Bank Service Fees for payroli period 3/21/78 - 4/2/78, $6,205.29; and Salary Fund, Gross Payroi1 for same period, $177,g50.36, audited by John Ross. Motion by Commissioners Stewart and Swanson to approve payroll vouchers, carried unanimousIy. CLAIM VOUCHER - CLEAVER CONSTRUCTION CO., INC. Clerk.presented ciaim voucher from Cieaver Construction Co., Inc. for construction of Kitsap Day Care Center for period to April 5, 1978 in the net amount of $50,213.17, audited by John Ross. Motion by Commissioners Stewart and Swanson to approve payment, carried unanimously. CLAIM VOUCHER - MALCOLM CAMPBELL & ASSOCIATES Clerk presented cla±m voucher for K±tsap Day Care Center from Malcolm CampbeI1 & Associates in the amount of $1,026.60, audited by John Ross. Motion by Commissioner Swanson and Mayor Jarstad to approve payment, carried unanimously. TAXICAB DRIVERS' LICENSE APPLICATIONS BilIey Louis Perkins, approved by Cart. Johnson for Chief of Poiice; Mark James Lippy, approved by Capt. Johnson for Chief of Police; and Lawrence L. Jamie, approved by Sgt. Maves for Chief of Police. Motion by Commissioners Stewart and Swanson to approve taxicab drivers' license applications, carried unanimously. DANCING & ENTERTAINMENT APPLICATION Boat Shed, approved by Asst. Chief Kvistad. Motion by Commissioners Stewart and Swanson to approve appiication for dancing and entertainment, carried unanimously. .. MUSIC MACHINE APPLICATION The Nonsuch, approved by Asst. Chief Kvistad. Motion by Commissioner Stewart and Mayor Jarstad to approve application for music machine, carrSed unanimousiy. SURPLUS RADAR EOUIPMENT - Police Dept. Clerk read memo from Police Chief, dated April 6, 1978, which recommended the transfer of one Muni-Ouip 1967 Radar, model 1200 RHE-5, serial #7646 to the Engineering ~ept. Motion b~ Commissioners Stewart and Swanson to declare radar unit surplus to Police Dept. and transfer to Engineering Dept., carried unanimously. SURPLUS EOUIPMENT - Water Supply Clerk read memo from Water Supply Supervisor, dated April 3, 1978, which requested approval to surplus the following items: 1944 Cat Grader, 1942 D-7 Caterpillar Dozer, 1955 Chev. Dump Truck, Caterpillar (D-7) Engine, 6 cyl. Chrysler industrial engine and 1-wheel trailer. Motion by Commissioners Swanson and Stewart to declare above items surplus and dispose of in the best interest of the City, carried unanimously. -6- CITY coMMissIONERS' MINUTES April 11, 1978 Page seven REQUEST TO PURCltASE VAN - Water Dept. Clerk read memo from Water Superintendent, dated April 10, 1978, which requested waiver of bid call to purchase a heavy-duty eight passenger van. The memo stated the State Purchase Contract could be used. Clerk reported that there is no contract with the State at this time and it might be quicker to call for bids. Motion by Commissioner Swanson and Mayor Jarstad to purchase van under State Contract or call for bids, whichever is quicker, carried unanimously. MEADOWDALE WELL Clerk read memo from Water Superintendent, dated April 10, 1978, which stated that vandalism has been excessive at the Meadowdale Well and it has been appraised by two different firms. The memo stated the well can produce 175 GPM, which is too low of a flow to warrant the expense of installing a water trans- mission main from the well to the distribution system, which is approximately two miles away. The memo recommended authorizing Commissioner Swanson to negotiate with the North Perry Avenue Water District for the sale of the well and approximately one acre of property; that the other nine acres will be advertised and sold to high bidder or negotiated with other private owners. Mr. McCluskey stated ~his is the well the City agreed to sell to North Perry under a contract that was negotiated several years ago and they did not buy it at that time. A lengthy discussion followed regarding the price an~ Commis- sioner Stewart asked if the City can legally sell something below the appraisal price. Mr. McCluskey stated no. Commissioner Swanson suggested calling for bids and Mayor darstad ~equested that City Attorney's office report back to Counc$1. before a decision is made. CALL FOR BIDS - Replace Windows and Frame, Detectives' Office Clerk presented requisition from Police Dept., dated March 6, 1978, which requested call for bids to replace windows and frames in the detectives' office. Motion by Mayor Jarstad and Commissioner Stewart to call for bids to:repLace windows and frames, carried unanimously. 1978 LIABILITY INSURANCE Clerk read memo from City Auditor, dated April 6, 1978, attached to which was a letter from Great American Insurance Companies regarding the 1978 liabil±ty insurance prem±um for the City. The memo stated the premiums for the three- year term of this policy have been: 1976 - $58,989.00 + $6,200.00 Audit Adjustment; 1977 - $96,511.OO; and 1978 - $120,O79.OO. The memo stated further that the ~verage cost per vehicle for liability insurance coverage is $340.00, and some future reduction of premiums could probably be realized by a reduction of vehicle inventory; that it is recommended that City Council seriously consider ' all possibilities of self insurance. Motion by Commissioners Stewart and Swanson to allow City Clerk to evaluate self- insurance, carried unanimously. PROFESSIONAL SERVICES AGREEMENT - RESERVOIR #6 (Ga~a Associates) Clerk read memo from Water Superintendent, dated Aprii 10, 1978, which stated the ins±de of Reservoir #6 has numerous rust spots which have been cleaned and touched up with paint. The memo stated further that Galka Associates has inspected the reservoir and it is recommended that the City install cathodic protection, which would elim±nate the rust problem for years to come; that Galka Associates spec±alizes in this service and can do a complete job for $2,285.00. Motion by Commissioners Swanson and Stewart to approve Agreement for ProfessionaI Services with Galka Associates and authorize Mayor and City Cierk to s±gn for the C±ty, carried unanimously. HEARING DATE~- DUPLEX LOT SIZE CONSIDERATION Clerk reported that hearing date had been set for April 19, 1978 at 7:00 P.M. for consideration of Duplex Lot Size. :Commissioner Stewart stated he would be unable to attend that evening and it was decided to change the date to April 25, 1978 at 7:00 P.M. This will be readvertised and the neighborhood groups will be notified. PROCLAMATION - MEDIC ALERT WEEK Clerk read proclamation of the Mayor: Medic Alert Week, April 9 - 10, 1978. -7- CITY COMMISSIONERS' ~ .~UTES April 11~ 1978 Page eight ORDINANCE NO. 3425 - TEMPORARY TAXICAB LICENSES Clerk read, second reading, "AN ORDINANCE amendin9 Ordinance No. 3361 a11owin9 taxicabs to be operated with a temporary license issued by the City Clerk". Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3425 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swa. nson, Yes. MUNICIPAL AREA #4 Clerk read memo from Commissioner Swanson, dated April 5, 1978, which stated that Municipal Area No. 4 is too small to be of any value for Public Works storage or development; that it is a good small building lot or for addition to church/' parking/landscaping. Motion by Commissioners Stewart and Swanson to sell property to highest bidder. Amended Motion by Mayor darstad and Commissioner Stewart to call for bids with appraisal price being the lowest Acceptable bid. Ouestion was called on both motions and both carried unanimously. Motion by Commissioner Stewart and Mayor Jarstad to sell it on time with a 12- year maturity, 10% down and 9% interest or cash, carried unanimously. RESOLUTION NO. 1760 - Declaring Property Surplus Clerk read, "A RESOLUTION declaring property within the City of Bremerton surplus". Motion by Commissioners Stewart and Swanson to pass Resolution No. 1760, carried as follows: MAyor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. TEMPORARY TAXICAB LICENSES - Arrow CAb Co. Clerk presented application for renewal of two temporary taxicab licenses and issuance of one.additional temporary license. Clerk stated that City Auditor had checked his records and he is making enough money to warrant these temporary l±censes. RESOLUTION NO. 1761 - Temporary TAxicab Licenses Clerk read, "A RESOLUTION authorizing issuance and renewal of temporary taxicab licenses". Motion by Commissioners Stewart And Swanson to pass R~solution No. 1761, carried as foliows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner' Swanson~ Yes. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 3749 thru 3752 and 3754 thru 3755 inclusive in the amount of $5,734.57 And vouchers 03760 thru 03878 inclusive in the amount of $§2,~52.88, audited by John Ross, carried unanimously. Meeting recessed at 1~:10 P.M. until 7:30 P.M. Wednesday, April 12, lg78 at West N~gh School Cafeteria. Recessed City Commissioners' Meeting was called to order At West High School Cafeteria at 7:30 P.M. by Mayor Jarstad. Also present were Commissioner Stewart, Commissioner Swanson, Deputy City Clerk Beahm, City Planner Attebery and Asst. City Planner Wilson. City Clerk Mandio was absent, at Clerk's Convention. Kay Wilson, Asst. City Planner, summarized the program and explained there are two types o? programs the City can apply for: Single Purpose Program or Comprehensive Program. She stated the Single Purpose Program cannot exceed $§OO~O00.00 ~nd the Comprehensive Program can be funded for $700,0OO.0Oo She sta~ed the Commissioners first must decide whether or not to apply; second, which projects are most critical to the City; and third, Whether ~o go for Single Purpose or Comprehensive Program. Ken Attebery, Cite Planner, stated the Smith Neighborhood and ChArleston/NationAl area are the two neighborhoods they ?eel are most eligible ?or these project~. -8- CIIY COMMZS,~3IONERS' M}~IU]ES April 11, 1978 Page nine Commissioner Stewart asked if they are talking about improving private property with direct grants or low-interest loans and Mr. Attebery stated either could be used~ depending upon the individual's circumstances. Commissioner Stewart stated the homes in these areas should be rehabilJ.tated in order to keep the people in their own homes; that they will be happier and it w111 help the neighbor'- hood. He stated some proper'ties are too far gone to rehabilitate and these should probably be torn down and possibly rezoned in order to allow commercial development. Ila Zeek asked if there was any chance that some of these homes could be bought and relocate the residents in order to build an auditorium. Ms. Wilson stated funds from this Act will not build.an auditorium; that these funds can only be used for low and moderate income people. Katherine Penman asked if the City could give people on fixed incomes a grant or low-interest Iran and if this would be like matching funds. Mr. Attebery stated it could be an outright grant; that there would have to be a rehabilita- tion staff to interview individuals And check into their financial capabilities and the kinds of improvements they need; that the grant would pay for all this. He stated that each individual would need different assistance and there are many kinds of programs that can be set up. Ms. Penman asked if this has worked successfully in other cities and Mayor Jarstad replied that it has worked in Seattle. Marvin Bruno spoke of the services received through KCAP and stated the City wil1 have to do a considerable amount of analysis regarding how this type of progPam would work with what is already being used. Ms. Penman asked who would decide where this money would go and Mr. Attebery replied that a loan review committee could do this. Ms. Penman then asked where the money would come from and Mr. Attebery stated the City would get a grant from the Federal Govern- ment and it would not have to matched by City money. Ms. Wilson explained that if the City applies and gets funding, the second stage is to put together details for the program; that there would be another public hearing to give the community every opportunity to present their ideas. Discussion followed regarding the dangerous building code and Commissioner Swanson explained the procedure used to declare a bullding unsafe. Ila Zeek voiced her concern over land owners who use thelr property as a tax shelter and let it run down. Mr.. Attebery stated there is a good dea1 of administrative cost involved and a $3©5,000°00 grant wiii cost approximateiy $75,OOO.00 for administrative costs. Commissioner Stewart questioned the reason it takes 25% when banks do not charge near that much. Ms. Wllson stated this is a reaIistic figure compared to what other communities are spending. Mayor Jarstad asked if the same financiai officer could serve both the City and the County and Mr. Attebe~y stated if it is a joint City/County program, they wouId save in administrative costs. A iength~ discussion foIIowed regarding administrative costs and Commissioner Stewart suggested turning it over to the private sector because they charge oniy 2~ over the cost of the loan. Mr. Attebery stated the administrative costs wiii be cut back as much as possibIe; they just want to be reaiistic and Iist what other communities Are spending. Mr. Attebery presented the proposed Biock Grant Projects and stated housing rehabilitation is the primary project for both Smith and Charieston/Nationai Neighborhoods. CharIeston/Nationai Neighborhood projects are: Drainage study and engineering; Dralnage construction; ForesL Ridge Park Improvements; Interim pedestrian safety near Marion Ave. SchooI; Pianning and engineering for street improvements; Street improvement construction; and Water tower, Forest Ridge PArk. Smith Neighborhood projects are: aid Smith Schooi property improvements; Ever- green peri repair; Peri operation; and Street and aIiey improvements. This iist is on fiie in the PIanning Dept. Marvin Bruno s~ated he sat in on several pIanning sessions and he was very impressed wlth the amount of citizen participation. He stated the Frances Haddar Morgan Chiidrens' Center is iooking at the need for further expansion -g- CITY COMMESSIONERS' MINUTES April 11, 1978 Page ten and the State might be interested in making some kind of proposal to the City hegarding expansion in the Charleston neighborhood. Mayor Jarstad stated he would like to give consideration to lnclude in the grant application a request for the beginnin9 study and design to move the public works activities out. of the Sm/th Neighborhood. He stated if the complexity of the neighborhood is 9ring-to De changed, this should be moved and build tennis courts or something to augment the parks in that area. Ms. Penman asked if a place has been determined where the public works will be moved and Commissioner Swanson stated there are two or three sites with sufficient space to consolidate al} the public works activities. A lengthy discussion followed regarding relocat/on of public works activities and it was the concensus of the Commissioners that the studies involved for the two projects mentioned are more apt to be chosen for funding. Ms. Wilson asked for any testimony from the public, either for or against the proposal, and there was none. Motion by Mayor Jarstad and Commissioner Swanson to recess hearing and continue it until Tuesday, April 18~ 19~8 at 10:30 A.M.~ carried unanimously. Meeting adjourned at 9:10 P.M. Kathleen L. Mandio~ City Clerk Approved: Glenn K. Jarstad, Mayor -10- HARRY B. RICH, ARCHITECT ARCHITECT FOR THE CITY OF BREMERTON'S SWIMMING POOL/YOUTH & SENIOR CITIZENS CENTER, EASTPARK PROJECT NUMBER:' 07-51-24110 I AM AN ELECTED MEMBER TO THE BOARD OF DIRECTORS OF THE AMERICAN.INSTItUTE OF ARCHITECTS, SEATTLE CHAPTER. I FURTHER SERVE THE INSTITUTE IN THE CAPACITY OF A COMMISSIONER TO THE ETHICS COMMITTEE. BECAUSE OF THE CLOSENESS OF THE BIDS RECEIVED ON THE MOVABLE BULKHEAD AND IN THE INTEREST OF ~HE CITY OF BREMERTON, I ELECTED TO FURTHER INVESTIGATE THE PRODUCTS PROVIDED BY THE SAN JUAN POOL CORPORATION AND THE CHEMITHON CORPORATION. ON FEBRUARY 23RD, 1978, I TELEPHONED BOTH ORGANIZATIONS AND ASKED FOR MORE DETAILED INFORMATION -- CHEMITHON, A MR. JORGE APARICIO, SALES ENGI.EER. WAS .OT EVE. AWARE ,IS WAS SUBM.TTI.G ^ BID fOR T.E BREMERTO, POOL PROJECT. .E. NEVERT.ELESS. SENT OUR FIRM A P,OTOGRA,, AND A DRAWING OF THEIR TYPICAL BULKHEAD. SAN JUAN POOL CORPORATION SENT OUR FIRM A COPY OF THEIR PATENT AGREEMENT. AT THIS SAME TIME, I CONTACTED A MR. JEFF SANDOZ, SUPERVISOR IN CHARGE OF AQAUTICS, PARKS AND RECREATION DEPARTMENT, CITY OF SEATTLE, MR. DOUG NEILSON AND MR. WILLIAM HUXFORD, DEPARTMENT OF ARCHITECTURE, KING COUNTY, THESE GENTLEMEN WERE THE PROJECT MANAGERS FOR THE 16 KING COUNTY FORWARD THRUST SWIMMING POOLS. IN ADDITION, DUE TO OUR FIRM'S EXPERIENCE, I tlAVE A PERSONAL KNOWLEDGE OF THE MAINTENENCE PROBLEMS AT THE NORTHSHORE SWIMMING POOL, BOTHELL, WA. & THE HIGHLINE SWIMMING POOL #2 IN DES MOINES, WA. MR. DOUG NEILSEN, OF KING COUNTY, ELABORATED AT GREAT LENGTH ON THE HISTORY OF THE BULKHEADS, THE EARLY PROBLEMS, THE CONCERN THE COUNTY HAD FOR A WORKABLE SYSTEM, THE EFFORTS AND TIME SPENT ON THE REFINEMENTS MADE TO THE BULKHEADS AS EACH SERIES OF POOLS WAS COMPLETED, AND IN PARTICULAR ABOUT THE STAINLESS STEEL TRACK THAT WAS DEVELOPED FOR THE BULKHEAD TO RIDE ON. THIS TRACK DETAIL WAS DEVELOPED BY KING COUNTY TO DECREASE THE PROBLEMS OF BULKHEAD BINDING & RACKING. THE FINAL 3 POOLS COMPLETED BY THE COUNTY, ENGUMCLAW TAH~MA HIGHLINE POOL #2 ( OUR FIRM"S POOL, THE POOL THAT WAS VISITED & REVIEWED BY MAYOR JARSTAD AND MYSELF) WERE EQUIPPED WITH THIS TRACK AND THE BULKHEADS USED AT THESE FACILITIES WERE EQUIPPED WITH STAINLESS STEEL ROLLERS. TO DATE, THESE POOLS WITH THIS REFINEMENT HAVE HAD NO COMPLIANTS WITH THE BULKHEAD OPERATION. THESE FACILITIES,ALL ARE UTILIZING THE REFINED SAN JUAN POOL CORPORATION PRODUCT. THE LITERATURE AND DRAWING SENT TO ME BY THE CHEMITHON CORPORATION DID NOT INDICATE THAT THEIR ROLLER MECHANISM WAS STAINLESS STEEL. THE SAN JUAN POOL CORPORATION BALSA LINEqWAS NOT ASKED FOR BY OUR FIRM'S SPECIFICATION. THIS IS A REFINEMENT. IF IT DOES ADD ANY ADDITIONAL STRENGTH AND/OR BOUYANCY IT IS A REFINEMENT BY THE MANUFACTURER, THAT THEY FURNISH WITHOUT ADDITIONAL COST. FINALLY, MR. DOUG NEILSON, STATED TO ME, THAT IN HIS OPINION, THE SAN JUAN POOL CORPORATION'S BULKHEAD~F THE LASTEST ARE SUPERIOR TO THEIR EARLIER PRODUCT ARE SUPERIOR TO THE STAINLESS STEEL BULKHEAD MODEL THAT COUNTY HAD CONSIDERED - ARE SUPERIOR TO THE CHEMITHON CORPORATION'S PRODUCT AS LAST HE HAD SEEN IT. IN CONCLUSION, FOR THESE REASONS: 1. THE RECOMMENDATIONS OF THE USING AGENCIES' ACCEPTANCE OF THE BULKHEAD, I.E., THE ACTUAL POOL OWNERS. 2. AFTER THE REVIEW AND EVALUATION OF THE INFORMATION FORWARDED TO OUR FIRM BY THE PRODUCT MANUFACTURERS. 3. BASED ON OUR FIRM'S PAST PROFESSIONAL UTILIZATION OF THE REFINED BULKHEAD IN POOLS OF COMPARABLE SCOPE AS THE CITY OF BREMERTON'S PROJECT I RECOMMENDED IN MY LETTER, OF MARCH 1st, 1978, THE USE OF THE SAN JUAN POOL CORPORATION'S EQUIPMENT. CONTRARY, TO MR. SMITH'S LETTER OF 3/24/78: ITEM #1. WE BELIEVE OUR ACTIONS TO BE ETHICAL, IN KEEPING WITH THE GENERAL ACCEPTED PRACTICES OF OUR INDUSTRY, WITH THE HIGHEST REGARDS TO THE SERVICING OF OUR CLIENT. MOST IMPORTANTLY, WITHOUT RENEGOGIATION WITH ANY BIDDER. ITEM #2. WE DID AS INVITED, ~ISCUSS WITH THE OWNERS OF BULKHEADS SUPPLIED BY BOTH CORPOR. ATIONS TO ASCERTAIN THEIR EXPERIENCES AND OPINIONS. ITEM ~3. OUR FIRM DID NOT REVIEW SHOP DRAWINGS OF EITHER ORGANIZATION SUBMITTING BIDS. ITEM #4. AS CLEARLY STATED IN THE SECOND EDITION, JUNE 1977, OF THE "ENGINEERING &CONSTRUCTION GUIDELINES FOR THE LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND INVESTMENT PROGRAM UNITED STATES DEPARTMENT OF COMMERCE/ECONOMIC DEVELOPMENT ADMINSTRATION'S GUIDEBOOK, PAGE 14~ PARAGRAPH B, TABULATION OF BIDS ..... "If the award is recommended to other than the low bidder, the reasons must be fully stated". THESE RULES AND REGULATIONS WERE COMPLIED WITH IN OUR FIRM'S LETTER OF MARCH 1st, 1978. THANK YOU.