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HomeMy WebLinkAbout05/02/78 UNAPPROVED MINUTES CITY COMMZSSIONERS' MEETING MINUTES COUNCIL May 197a APPROVED MAY -9 1978 APE #133 Regular meet&rig o¢ the City Commissioners o£ the City of Bpemerton~ Washington, 954 was held in the Council Chambers at City Halls 239 Fourth Street~ on Tuesday~ May 2~ 1978 at 9:00 A.M. with Mayor Jarstad pres&ding. Also present were Comm£s- sinner Swanson, City Clerk Mandio, Asst. City Attorney McCluskey and representatives from the press and radio. Commiss£oner Stewart was absent, attend&rig a computer seminar. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Dave McFarlane of Manette Commun&ty Church. MINUTES OF APRIL 25~ 1978 Clerk read minutes of April 25, Motion by Mayor Jarstad and Commissioner Swanson to approve minutes~ carried. SEPARATIONS Ron R£chardson, Carol Selvidge~ P~rks & Recreat&on~ Part-T&me PlayleAder~ 4/28/78. Vernie Morrison~ Night Attendant, Parks &Recreat&on, 5/1/78. Donald Cunningham~ Parks & Recreat&on~ Extra Labor~ 4/28/78. Dennis W. Hancock~ Poiice Dept.~ W~PPant Server, ~/2§/7B. Charles Costello~ Engineer&ng Depto~ Extra-Heip~ 5/1/78. Motion by Mayor Jarstad and Commissioner Swanson to approve separation~, carried. NOTICES OF EMPLOYMENT Donald Merle Cunningham, Parks & Recreation~ Night Attendant~ $4.75 per hr., 5/1/78. Edwin. O. Okerman~ Parks & Recreation~ Part-time Extra Labor, $3.50 per .hr,~ 5/1/78. Joan A. Harwood, Parks & Recreation, Part-time Playleader~ $4.50 per hr.~ 4/17/78. Mot&on by Commissioner Swanson and Mayor Jarstad to approve notices o¢ employment~ carried. AGREEMENT FOR OUTSIDE UTILITY CONNECTION (Crest Investors) Clerk presented an application for utility connection outside Bremerton City Jim Root, City Eng±neer, explained the subject property is located south of Shat±dan and east of Perry Ave. He stated ~he sewer line has been constructed to include the Perry Avenue Mall and Marine Bank and &t was constructed by the U.S. Govern- ment several years ago.for these properties. He stated it is in the County~ but in view Of the fact that the sewer lines were built for [hese properties~ an outside utility agreement should be granted. Motion by Commissioner Swanson and Mayor Jarstad to grant outside utility agree- ment. Under d~scussion: Mr. McCluskey asked that this. be referred to the City Attorney's of Cice for revSew and approval. Mr. Root stated the propose,d usage of the ]and will not produce any ~uPtheP load on the sewer system. Amended motion by Commissioner Swanson and Mayor Jarstad to grant outside I~t~l~tv agreement subject to review by City Attorney's off&ce, carried. NOTICES OF PTBA BALLOT IN MAY Motion by May~r Jarstad and Commissioner ~ to.send out notices of PTBA ballot on May 1§th ballo~. Under discussion: Mayor Jarstad stated this ~s a county- w~de ba. 11ot issue and &s very important for the future o¢ transit operations. Clerk stated monies would Come out of General Miscellaneous. Mot&on carried. CALL FOR BIDS - FLAIL BRUSH CUTTER, BRUSH CUTTER HEADS & TRACTOR (Street Dept.) Clerk read memo from Street Superintendent, dated April 26~ 1978, which requested authorization to call for bads for a flail brush cutter, brush cutter, heads and tractor. Motion by Commissioner Swanson and Mayo~ darstad to approve call for bids as stated above~ carried. Motion by Mayor darstad and Commissioner Swanson'to declare 1950 Topeka Mower surplus and dispose of in the best interest of the City, carried. MUD BLOCK GRANT Clerk read memo from Grants Administrator! dated April 2§~ 1978~ which stated that it is a requirement of the Dept. of Housing and Urban Development that applicants for HUD Block Grant Funds approve a resolution which legally,authorizes -them to submit an application. CITY COMMISSIONERS' MINUTES May 2, 1978 Page two RESOLUTION NO. 1763 - Comprehensive Program Block Grant Clerk read, "A RESOLUTION authorizing the filing of a preapplication with the Department of Housing and Urban Development, United States of America, for a Comprehensive Program Block Grant under the Smai1 Cities Program of the Housing and Community Development Act of 1974, as amended, Title I, Subpart F". Motion by Mayor Jarstad and Commissioner Swanson to pass Resolution No. 1763, carried as follows: Mayor Jarstad, Yes; Commissioner Swanson, Yes. SWIMMING POOL PROJECT/EDA Clerk read memo from Grants Administrator, dated April 26, 1978, attached to which were two copies of Grant Amendment fo'r a change in the Swimming Pool Project to delete from ~he project description the multi-purpose activity center component of the proposed facility. Motion by Mayor Jarstad and Commissioner Swanson to approve the change and authorize Mayor and City Clerk to Sign for the City, carried. WATER EASEMENT - Central Kitsap School District Clerk read memo from Water Superintendent, dated May 1, 1978, which requested that City Council accept a 15 ft. easement for extending the water main from Stampede Blvd. to the new Stampede High School. Motion by Commissioner Swanson and Mayor Jarstad to accept easment~ refer to City Attorney for approval as to form and to City Clerk for recording~ carried. ATTENDANCE AT CIVIL SERVICE MEETINGS AS UNION REPRESENTATIVE Clerk read letter from Civil Service Commission, dated April 27, 1978, which stated that since the City Council is the negotiator for the City with the Union, the Commission is asking clarification as to what Union activities may be participated in by employee representatives on City time. Lily Piva~ Union representative, stated the employee who represented her was on vacation leave. She stated if the Civil Service Commission wanted to hold their meetings on weekends on after wonk~ that will be fine~ that they will be very happy to sit down to negotiate and solve, the problem. Mayor Jarstad requested that the letter be referred to his office. CITY YOUTH DAY Mayor Jarstad introduced the young people participating in City Youth Day. Mayor, Joan Lowry Glaser; Commissioner of Finance, Fe Reyes Ermitano; Commis- sioner of Public Works, Steven Earl Thompson; City Clerk, Judy Ellen Mentor; City Attorney, Carolina Lee Leonard~ Fire Chief, Michael Dean Morgan; and Police Chief, David Duncan Bryson. Mayor Jarstad explained the form of govern- ment that 8remerton operates under and stated he is the Commissioner of Public Health and Safety. He stated the departments under him are Police, Fire, Parks, Planning and Grants Administration. He explained that the Commissioner of Finance serves as Mayor Pro Temp when the Mayor is out of town and is responsible for public buildings, wharfs, docks and the City cemetery. The departments under the Commissioner of Finance are the City Treasurer and Accounting. Commissioner Swanson stated he is responsible for street~, maintenance, improvements, Water Dept., Building Dept. and Engineering Dept. He spoke of zoning and stated it is very difficult to serve the public and preserve private property rights at the same time. City Clerk Mandio expIained the function of her office and stated she deals with auditing, purchasing and keeping records for the City. Asst. City Attorney McCluskey explained that his office is required to enforce the ordinances of the City, both criminal and civil; that they are required to give legal advice to the Commissioners and Department Heads~ and his office prepares the ordinances and resolutions. PUBLIC RECOGNITION T. F. Drake, 2~15 East Phinney Bay Dr.~ Chairman of Bay Area Neighborhood Group, presented a petition signed by approximately 250 residents objecting to the proposal for a public marina 'on Ostrich Bay; COMMISSIONERS' REPORTS Commissioner Swanson: Stated $2,205,7~7.OO worth of building permits were issued in April. Two were commercial; one was for a 24-unit apartment; three were for duplexes; arid there were no permits for single-family residences. -2- CITY COMMISSIONERS' MINUTES May 2, 1978 Page three Mayor Jarstad: 1. Stated he was very pleased to give the Sonics all the support he could last night. 2. He will not be present next week as he will be attending the National Conven- t/on of the Council of Governors in Denver. RIGHT-OF-WAY DEED - Arsenal Way Clerk read memo from City Engineer, dated April 2§, 1978, attached to which was a right-of-way deed fora portion of Arsenal Way. The memo stated this deed will provide approximately 30 ft. of right-of-way on the north side of this portion. Motion by Commissioner Swanson and Mayor Jarstad to accept right-of-way deed, subject to review and approval of City Attorney's office, and refer to City Clerk for recording, carried. OVERTIME PARKING (Letters from Citizens) Clerk read letter from Ila M. Zeek, dated April 27, 1978, complaining about the overtime parking in the 14OO block of Burwe11. She also read letter from Don Gibson, dated April 27, 1978, complaining about police officers issuing parking tickets for overtime parking. Mayor Jarstad requested that these'letters be referred to the Police Dept. M~INA AT NA~> PARK . Clerk read letter from Port of Bremerton, dated April 26, 1978, which requested permission from the City of Bremerton to agree to a cooperative effort with the Port of Bremerton to develop a marina in NAD Park in Ostrich Bay. The ietter gave severai reasons for wanting to buiid the marina at this IDeation and stated they feel a marina with a capacity for 250 to 350 boats couid be constructed at this location with no deterioration in existing water quality. Motion by Mayor darstad and Commissioner Swanson to refer letter to Parks and Recreation Commission for their comments prior to meeting with the PoFt Commis- sioners. Under discussion: Commissioner Swanson requested the letter be routed through the Planning Dept. also. Motion carried. SPEDY PROGRAM Clerk read letter from Bert H. Futura, dated April 25, 197B, .whlch expIained the Kitsap County Summer Program for Economically Disadvantaged Youth (SPEDY). Cierk stated this letter is on file. CHANGE ORDER NO. I - Lions Community Playfield Dock Remodel Clerk read memo from Parks Superintendent, dated May 1', 1978, which requested approval for a change order for' the addition of metal braces, found to be necessary to reinforce the handrailings on the approach walkways at an additional cost of $230.00. Motion by Mayor Jarstad and Commissioner Swanson to approve Change Order No. 1' in the amount of $230.00 and extend completion date to May 8, 1978, carried. RESOLUTION NO. 1764 - Public Transit Clerk read, "A RESOLUTION relating to funding for pubiic transit". Motion by Mayor Jarstad and Commissioner Swanson to pass Resoiution No. 1764, cart±ed as follows: Mayor Jarstad, Yes; Commissioner Swanson, Yes. Mayor Jarstad explained that this resolution is only to eliminate the $1.00 household tax if the pubiic transit issue is passed on May 16th. ORDINANCE, FIRST READING - Harris Rezone Clerk read, first reading, "AN ORDINANCE amending the use and area maps of Ordinan'ce No. ~792 (HARRIS)". Motion by Mayor Jarstad and Commissioner Swanson to approve ordinance on first reading, by title only, carried as foilows: Mayor Jarstad, Yes; Commissioner Swanson~ Yes. ORDINANCE, FIRST READING - Mills Rezone Clerk read, first reading, "AN ORDINANCE amending the use and area maps accordin9 to Ordinance No. 1792 (MILLS)". · Motion by Mayor Jarstad and Commissioner. Swanson to approve ordinance on first reading, carried as follows: Mayor darstad, Yes; Commissioner Swanson, Yes. -3- CITY COMMISSIONERS' MINUTES May 2, 1978 Page four BILLS Motion by Mayo~ Jarstad and Commissioner Swanson to give bl&nket approval to vouchers 04129 thru 04227 inclusive in the amount of $121,982.38 and vouchers 4118 thru 4215 inclusive in the amount of $22,993.57, audited by John Ross, carried. EASEMENT REQUEST - Zimmerman Wayne Pace was present and he explained that he owned the property at LaKe Tayhuyeh. He stated there is an existing roadway to the property, but it is apparently a non-dedicated one. .H~ requested that he be allowed to purchase the roadway or be granted a permanent easement to use the road. Commissioner Swanson explained that the County has no plans to deveIop any new roads in that area. He asked Mr. Pace to have ~he property surveyed so'a legal.description can be derived.. Motion by Commissioners Swanson and Mayor Jarstad to grant an access easement subject to a survey being provided. Under discussion: Mayor Jarstad asked Mr. McCluskey i? a permanent easement is necessary or would an agreement for utiliza- tion o? the roadway be sufficient. Mr. McCluskey stated.the property is land- locked and a permanent easement would be necessary. Motion carried. Meeting recessed from 10:28 A.M. until 10:45 A.M. HEAuRINGS - Ferguson R/W Vacation Decision, Bremerton Housing Authority Rezone and Citizen Participation Plan for Federal Block Grant Application Motion by Mayor Jarstad and Commissioner Swanson to hold hearings in the order listed above, carried. FArE #133 FERGUSON R/W VACATION DECISION ;A) 1400 Clerk stated she had received no correspondence relating to the Ferguson R/W Vacation. Commissioner Swanson stated the Traffic Division has no objection to the vacation. Mayor Jarstad stated he would like to see some kind. o? ease- ment agreement to guarantee an access road behind the existing buildings. Mr. McCluskey stated that Counc'~l can approve the vacation subject to certain restrictions; that one of the restrictions should be that the City will not vacate any of the present easements for utiiities and the second thing is that the adjacent property owners have access to their businesses. Mr. McCluskey also stated he had done some research regarding going into business with a private individual. He stated the City cannot go into private business with an individuaI because State law says that the City cannot use its financiai abiiity to aid others. He stated the iand can be ieased or a vacation can be granted. Eiwin Blair, representing Mrs. Ferguson, used a map showing the location of the proposed vacation and stated he saw no problem granting the adjacent property owners access to their businesses. He spoke of the..fiii and stated Mrs. Ferguson's property has been damaged by the fii1. Mayor Jarstad stated the onIy criticism that was received from the adjoining property owners was if they couId continue to utiIize the service road behind their buiidings. Mr. BIair stated he sees no probIem with that and they have no pIans to deveiop the property at this time. Motion by Commissioner Swanson and Mayor Jarstad to vacate the R/W subject to an easement between the adjoining property owners to aiiow access behind their buildings, carried. A) 9709 BREMERTON HOUSING AUTHORITY REZONE Clerk stated the hearing had been advertised, posted and letters of notification sent to adjoining property owners as required by law. She read Planning Commis- sion Resolution No. 401 which recommended denial of rezone. She stated 42 advisory ballots had been sent out with 19 returned, 14 in favor, four against, and one neutral. She read Ietter from Searrie Street Estates, Inco, dated Aprii 24, lgTB, opposing the rezone and letter from James H~ Robinson~ dated Aprii 24, lg78, in favor of the rezone. CITY CO~MISSIONERS' MI~,,rES May 2~ 1978 Page five Ken Attebery, PIanning Director, spoke about the proposed rezone using a site pian and a coiored sketch. He stated the area is zoned R-1 and Manufacturing. He stated the units are essentiaiiy one, two and four bedroom units and there are no pians for any more units. He stated the Planning Dept. recommended approval o? rezone ?rom R-1 to R-2 with conditions, but the Piann'ing Commission recommended denial. PROPONENTS: Nancie Wood Mahan, representing the Bremerton Housing Authority, read a ietter addressed to Mayor J&rstad from the Housing Authority, dated Apr±l 24~ lg78, which stated their request for a rezone ?rom R-1 to R-2 was denied by the PIanning Commission on the basis o? potentiai density increase. The ietter pointed out that the request was based on the existing site pIan and existing deveiopment and they have no pians for additional deveIopment or expansion of the.area. She stated she ?eit the Pianning Commission misinterpreted the request and she urged the City Council to approve the request for rezone. Mayor Jarstad asked Mrs. Mahan i? she agreed with the conditions set forth by the Planning Department and Mrs. Mahan repIied yes. Mayor Jarstad stated he felt the request ?or rezone is a proper one and he agrees with the conditions ~he Planning Dept. has suggested: Limiting or eiiminating any ingress from or egress to Kitsap Way and i? the density is changed a new site pIan must be presented. Motion by Mayor Jarstad and Commissioner Swanson to approve rezone from R-1 to R-2 subject to the following cond±tions: (1) Development of the site shall be 1±mired to the structures which are currently in place on the site except that future new structures may be developed after site plan approval by the Bremerton Planning Commission and City Council; and (2) Access to Kitsap Way shall be limited to those minor accesses which are now in existence, carried. APE #133 CITIZEN PARTICIPATION PLAN FOR FEDERAL BLOCK GRANT.APPLICATION A) 1'973 Clerk stated the hearing had been advertised and posted as required by law. Kay Wiison, Asst. City Plan~er, presented the preliminary Community Development Program Citizen Participatiqn Plan. She went through the Plan and covered the following categories: I - Introduction; II - Activities to Date - Pre-Application Phase (there are several subtities under this category); and III - COntinued Citizen Involvement.. She stated this Plan is a minimum compliance with the Act and following approval of the pre-application, the staff will update this Plan to spell out exactly how they are complying with this Act. She discussed the chronology of Block Grant Activities. A copy of the Plan is on file in the Planning Dept. Mot&on by Mayor darstad and Commissioner Swanson to continue hearing until next week, carried. BID OPENING - Window/Frame, Police Dept. Clerk stated no bids were received for the Window/Frame in the Poiice Dept. Motion by Mayor Jarstad and Commissioner Swanson to enter into negotiations for replacement of window and frame in the Pdlice Depto, carried, Meeting adjourned at 11:35 A.M. KATHLEEN L. MANDIO, City Clerk Approved: GLENN K. JARSTAD, Mayor -5-