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HomeMy WebLinkAbout05/23/78 ~,~ _ UNAPPROJ,~2D MINUTES M,qV n !978 CITY COMMISSIONERS ' MEETING MINUTES May 23, 1978 ~pD~'f~" ':', -~. I~' TAPE #134 Regular meeting of the City CommiSsioners of the City of Bremerton, Washington, (A)1391 was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, May 23~ ]978 at 9:05 A.M. with Mayor Jarstad presiding. Also present were Commissioner Stewart~ Commissioner Swanson, City Clerk Mand~o, Asst. City Attorney McCluskey and representatives of the press and radio. Meeting was opened with the Illedge of Allegiance and invocation was given by Mayor Jarstad. MINUTES OF MAY 16, 1978 Motion by Commissioner Stewart and Mayor Jarstad to approve minutes as circulated, carried unanimously. SEPARATIONS Farron Charles Randall, Parks & Recreation, Extra Labor, 5/22/78. Ronald J. Scott, General Facilities, Meter Technician, 6/5/78. Motion by Mayor Jarstad and Commissioner Swanson to approve separations, carried unanimously. NOTICES OF EMPLOYMENT Walter Thomas Hamre, Parks & Recreation, Extra Labor, $2.75 per br., 5/~9/78. Robert G. Shiell, Pot~ce Dept., Warrant Server, $4.73 per hr., 5/22/78, CETA #4646. Motion by Mayor Jarstad and Commissioner Swanson to approve notices of employment, carried unanimously. CHANGE OF PAY STATUS Ranie W. Woods, Police Dept., 4th Yr. Patrolman to Detective, $8.01 to $8.53 per hr., 5/22/78. Motion by Mayor Jarstad and Commissioner Swanson to approve change of pay status, carried unanimously. PAYROLL VOUCHERS Salary Fund, gross payroll for period May 1, 1978 thru May 14, 1978, $209.393.58; arid Claims Fund, FICA and Bank Service Fees for same period, $6,436.21, audited by John Ross. Motion by Commissioners Stewart slid Swanson to approve payroll vouchers, carried unanimously. CHANGE OF COUNCIL DATES Clerk reported that the Council Meeting for June 13, 1978 will be held on Mortday, June 12, 1978 and the meeting for July 4, 1978 will be held on July 5, 1978. She stated bhese changes will be published in the newspaper. TAXICAB DRIVER'S LICENSE APPLICATION Lorraine Wilma Payne, approved by Asst. Chief Kvistad. Motion by Commissioners Stewart and Swanson to approve application for taxicab driver's license, carried unanimously. CALL FOR BIDS - Stampede Supply Main Installation Clerk read memo from Water Superintendent, dated May 22, 1978, which requested authorization to call for bids for the installation of 7,450 ft. of iO" and 4,400 ft. of 8" ductile iron pipe and appurtenant fittings on Stampede Blvd, Tracyton Blvd., Falrgrounds Rd-, Holland Rd., Schuyler Rd. north of Tracyton. The memo stated this project will be financed by 25% Water System Improvement Funds and 75% Trident Impact Funds. Motion by Commissioners Swanson and Stewart to authorize call for bids as stated above, carried unanimously. BID AWARD - Station Wagon (Fire Deptt) Clerk read memo from Fire Chief, dated May 22, 1978, which recommended that bid be awarded to Kluge Chevrolet for a station wagon for the Fire Dept. Motion by Commissioner Stewart and Mayor Jarstad to award bid to Kluge Chevrolet as the lowest responsible bidder, carried unanimously. CITY COMMISSIONERS' MINUTES May 23, 1978 Page two ZORIC & ABILLE M~TTER Clerk read letter from Anthony and Esther Zoric, dated May 12, ~978, which complained of a wall that Abille & Associates have placed between their property. The letter stated Mr. Abille did not conform to the site plan that was approved and in cutting the elevation to approximately 4.5 ft. in the sandy composition of the soil right to the Zoric's property llne, it removed lateral support. The letter stated iurther tbat their efforts to erect a fence for safety and screening depend on at least normal minimal support by an adequately constructed retaining wall on the Abille property; that their efforts to settle this matter amicably with Mr. Abille have been futile. Commissioner Stewart stated be has talked to Mrs. Zoric and went out to look at the damage that has been done to her residence. He stated plaster has been knocked off and the walls are settling. He suggested sending a letter to Mr. Abille telling him the City expects him to comply to the site plan or at least make amends with the Zorics to their satisfac- tion. Mayor Jarstad stated the Zorics want to be able to erect a fence and they will pay for it and put it in. He agreed that a letter should be sent. Commis- sioner Swanson stated thjs has been under review for quite some time; that the Engineering Dept. has looked at the rock wail and felt that it would not take a great deal of effort to stabilize it and settle those rocks in. He stated the property is a dedicated alley and the Zoric property line is seven ft. behind the rock wall. Commissioner Stewart stated the Zorics disagree with that and he will ask Mrs. Zoric to bring in proof that the seven ft. is their property. A lengthy discussion followed regarding the matter and Commissioner Swanson stated Mr. Abille has oflered to build a fence for the Zorics, which he did [or the other adjacent property owners, but the Zorics refused his offer because they did not like the style of fence he wanted to erect. Discussion followed regarding building a fence and Mayor Jarstad suggested that Engineering and Building Dept. review this matter and report back to Council in two weeks. SPRINKLER SYSTEM - DAY CARE CENTER Clerk read memo from Building Dept., dated May 19, 1978, which stated the installation of the sprinkler system has been tested and approved by Lt. Jack Horton of the Fire Dept. Motion by Mayor Jarstad and Commissioner Swanson to accept completion of job and approve payment of retained percentage in 30 days, carried unanimously. MOVABLE BULKHEAD Mayor Jarstad requested that this be held until he has an opportunity to talk with Mr. Rich, the architect. The report has been sent to Mr. Rich and Mayor Jarstad stated he would like to discuss it further before making a decision. RIGHT-OF-WAY EAGLE AVENUE Clerk read memo from City Engineer, dated May 17, 1978, which recommended acceptance of a Warranty Deed from Lee Harris for 30 ft. of R/W on Eagle Ave. Motion by Commissioner Swanson and Mayor Jarstad to accept Warranty Deed and refer to City Attorney for approval as to form and City Clerk for recording, carried unanimously. CONTRACT AMENDMENT NO. 6 - SINCI,AIR INLET SEWERAGE FACILITIES PLAN Clerk presented letter from CH2M Hill, dated May 17, i978, attached to which were copies of Amendment No. 6 for performing planning services for improved sewerage facilities. The letter stated DOE and EPA have approved the additiol~al grant amounts covered by this amount and there will be no further grant increases required to complete the project. The project budget is: Facility Planning, $367,020.00 and Sewer System Evaluation Survey, $248,560.00 for a total of $615,580.00. Jim Root, City Engineer, explained that this increase has been approved by EPA and DOE and in approximately three weeks the finallzed plans will be available to the City. He stated there will be a substantial amou~t of upgrading around the exiEting sewer treatment plants by the end of 1979 and the new plant itself will be completed, hopefully, by the end of 1980. Motion by Commissioners Swanson and Stewart to approve Amendment No. 6 subject to approval by City Attorney's office, carried unanimously. -2- CITY COMMISSIONERS' MINUTES May 23, 1978 Page three STATEMENT OF COMPLIANCE AND AUTDOR]TY-SINCLAIR INLET SEWAGE FACILITIES PLAN Clerk read letter from Ctt2M tlill, dated May 18, 1978, which stated the DOE has requested that the City execute a statement indicating its willingness to comply with the requirements of the Civil Rights Act of 1964 and indicating its authority to implement the proposed facilities. Motion by Commissioner Swanson and Mayor .larstad to approve Statement of Com- pliance and Authority to Implement the Proposed Facilities, subject to approval of City Attorney's office, carried unanimously. TASK FORCE COMMITTEE RESIGNATION r John Fuller Clerk read letter from Olympic Savings, dated May 17, 1978, which stated John Fuller must submit his resignation froin the Economic Development Task Force committee due to pressing obligations of Olympic Savings and Loan Association; that Ron Percival has been suggested as his replacement. Motion by Mayor Jarstad and Commissioner Stewart to accept resignation of John Fuller. Under discussion: Mayor Jarstad suggested contacting Mr. Percival to see if he will serve. Motion carried unanimously. NOTICES OF HEARING DATES Clerk reported that the tollowing dates have been set: Bremerton School District 1OO-C Rezone R-1 to Manufacturing, June 12, 1978; Brandt Rezone R-1 to R-2, June 12, 1978; Pettibon Rezone R-i to B-2, June 27, 1978; and Ambauen Rezone R-1 to R-2, June 27, 1978. AMENDMENT TO SttORELINE MASTER PROGRAM Clerk read copy of letter from Planning Director to Mr. Mack, DOE, dated May 16, 1978, regarding an amendment to the City of Bremerton Shoreline Management Master Program. This amendment was sent to DOE for review. WPS CONVERSION COVERAGE Clerk read letter from Clayton Pierce, dated May 17, 1978, which requested that a letter be sent to Mr. Lorenz of Schwarz, Shera and Associates and the AWC requesting that coversion coverage be taken under advisement and voted on at the Association of Washington Cities Board meeting June 13th. Commissioner Stewart stated that he agreed with Mr. Pierce's letter regarding WPS coversion coverage. Motion by Commissioners Stewart and Swanson to contact Mr. Frank Lorenz with a copy of letter to the Association of Washington Cities stating that the City is concerned and some conversion should be available, carried unanimously. SAFETY BOOKLET Clerk read memo from Fire Chief, dated April 24, 1978, ahtached to which was a booklet,~'There's Always Time for Safety", and recommending that these booklets be purchased for employees. Motion by Commissioners Stewart and Swanson to approve purchase of 300 booklets, "There's Always Time for Safety", carried unanimously. ORDINANCES, FIRST READING - Jolin Rezone Clerk read, first reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (Jolin)". Motion by Commissioners Stewart and Swanson to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST REM)ING - Charges for Turning Off and On Delinquent Water Services Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3147, Section 3 (R)(2) and (3) concerning charges for turning off and turning on water services at premises with delinquent water service bills". Commissioner Stewart requested that section 2 be changed from $30.00 to $20.00. Motion by Commissioners Stewart and Swanson to approve ordinance on first reading, as corrected, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. -3- CITY COMMISSIONERS' MINUTES May 23, 1978 Page four ORDINANCE, FIRST READING - Charge.for Hand-Delivered Notices Clerk read, first reading, "AN ORDINANCE establishing a charge for hand-delivered notices of delinquency o1 a water bill". Commissioner Stewart explained this will be a $2.00 charge. Motion by Commissioner Stewart and Mayor Jarstad to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE~ FIRST READING - Delinquent Water Payments Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3352, Section 1, codi£ied as BMC 15.O4.190 (A) concerning delinquent water payments". Commissioner Stewart explained this will be a collection charge of $2.50 or 10% of the unpaid balance, whichever is greater. Motion by Commissioners Swanson and Stewart to approve ordinance on first reading, by title only. Under discussion: Commissioner Stewart stated that there are 509 delinquent water bills in a two-week period. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE, FIRST READING - Ferguson Right-of-Way Clerk read, first reading~ "AN ORI)]NANCE granting vacation of a rightLof-way (Ferguson)". Motion by Mayor Jarstad and Commissioner Swanson to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. LITTLE BRITC|tES RODEO COURT Mayor Jarstad presented the Little Britches Rodeo Court: Queen Julie Hinson and Princesses Tami Call, Debbie Halstrom and Laurie Bell. Each representative spoke of the rodeo and told of the different events. ZORIC & ABILLE MATTER Mrs. Zoric was present and spoke regarding her letter that was read earlier. She spoke of the seven ft. strip and stated it is on her real estate contract that if this were dedicated, it belonged to the purchaser. Co~nissioner Stewart suggested that Mrs. Zoric get together with Mr. Root and Mr. Abille and try to work this out. A lengthy discussion followed and Mrs. Zoric presented her title insurance policy which states she owns the seven ft. strip. It was suggested again that Mrs. Zoric work with the City Engineer and Mr. Abille, but Mrs. Zoric stated it was impossible to talk to Mr. Abitle, though she would work with Mr. Root and try to find a solution. Mayor Jarstad stated a report would be given in two weeks. PUBLIC RECOGNITION Mrs. Roland Dick, 2115 Madrona Point Dr., presented letters in opposition to the proposed marina in Ostrich Bay. She stated she would have some more letters this afternoon and would bring them to the Clerk's'office. Mr. McCluskey left the meeting at this time and Ms. Conoley entered. Meeting recessed from 10:35 A.M. until 10:45'A.M. HEARINGS - Kitsap Lake Junction Comprehensive Zoning Designation and Arterial Resolution Motion by Mayor Jarstad and Commissioner Stewart to hold hearings in order listed above, carried unanimously. KITSAP LAKE JUNCTION COMPREHENSIVE ZONING DESIGNATION ItEARING Clerk stated the hearing had been advertised, posted and letters of notification had been sent as required by law. She then read Planning Commission Resolution No. 463 which recommended approval. Planning Commission Minutes of April 18, 1978 were then read. -4- CITY COMMISSIONERS~ MINUTES May 23, 1978 Page five Ken Attebery, Planning Director, spoke of the proposalusing a colored sketch. He explained that the Backman and Goit rezones were before the City Council a number of :nonths ago and City Council asked the Planning Dept. and the Kitsap Lake Neighborhood Association to work together and develop a more comprehensive plan for the Kitsap Lake Junction. He stated they looked at zoning from the junction area back to SR-3 and the proposal presented today represents six of the seven parcels for whlcb recommendations were made in that stretch. He reviewed the existing land use and pointed out each parcel on the map. stated the City Council has a number of options it can take~ that the primary difficulty is that without the agreement o[ the indlvua] owners, the Council cannot, in a blanket fashion, establish the rezones and the conditions without the concurrence of the owners. |te stated it is felt that the fact these six ~arcels were considered together, that if one owner does not agree, it is conceivable that the entire study would be in abeyance until that one owner did concur with the conditions. He stated the City Council has the option of assigning the zoning designations without conditions, but inhis view that would be conerary to some of the concerns both the neighborhood council and the Planning Commission had. He stated it also would not be consistent with screening concerns. He stated the other options would be to table it indefinitely or deny this proposal. Jim Strait, 6530 Harlow Dr., Chairman of the Kitsap Lake Neighborhood Group, stated almost all of the owners were at the meeting and tbey did agree on this proposal. He stated there is only one parcel that was not represented and he doubts very much if these people have any objections. He pointed out each parcel and explained why they asked for that particular zoning for each parcel. He stated the committee felt it was logical and everyone in the neighborhood approved lt. Hearing recessed for bid opening. BID OPENING - Flail Brush Cutter, Cutter Heads & Tractor (Street Dept.) Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, carried unanimously. Clerk stated only one bid was received: Brim Tractor Co., Inc., bid bond enclosed, $25,100.00. Motion by Commissioners Swanson and Stewart to award bid to Brim Tractor Co.~ Inc. subject to approval from Street Superintendent, carried unanimously. HEARING - KITSAP LAKE JUNCTION (continued) Robert Backman, 6116 Kitsap Way, stated he was also on the committee. He pointed out his parcel on the map and stated it should come back 250 ft. instead of where it is shown on the map. Mr. Strait stated they used property lines and that is why it didn't.go back 250 ft. but he had no objection to Changing it to 250 ft. He stated Mr. Backman will have to get a new legal description. Mayor Jarstad stated there seems to be an agreement between the petitioners and neighbors and he favors approving the rezone of these parcels subject to concurrence of the individual owners. He stated he thinks this wo6ld be proper because it will bring the zoning to what it was when it was originally annexed to the City. Martin Colt, 6215 Kitsap Way, stated he was also on the committee and he has the option to either build on his property himself or sell. He stated time is of the essence and he hopes the Council will come up with some solution for the rezones in that area. Karen Conoley stated that City Council could approve this proposal subject to concurrence of the individual property owners; that if any property owner does not concur, said item shall be continued rather than denied to consider the merits of the remaining parcels. -5- CITY COMMISSIONERS' MINUTES May 23, 1978 Page six Motion by Mayor Jarstad and Commissioner Swanson to concur in the fezone as recommended by the Planning CommiSsion wlth the restrictions listed for beautification; that Parcel (1) be extended to 250 ft. and a new legal descrip- tion be derived; that the fezone is an attempt to bring back the zoning as when annexed to the City. This shall be granted only upon the approval of property owners involved because of the restrictions on the property and that if any property owner within the area of the rezone has an objection, the hearing will be brought back before Council as an agenda item for determination with these objections in mind, carried unanimously. ARTERIAL RESOLUTION HEARING Clerk stated the bearing had been advertised and posted as required by law. Motion by Commissioner Swanson and Mayor Jarstad to approve resolution subject to one correction: Page 3 regarding Burwell St., No. 3 - should read, "Com- mercial development on Burwell should be limited to the area between the Central Business District and Chester Avenue, and the remainder of Burwell to Bryan Ave. should remain nor~-commercial'1. Under discussion: Commissioner Swanson stated he did not see why the City should preclude remodeling and improvements in that area. Mr. Attebery stated this is a policy guide and there are circumstances that would cause conditional modifications of. the poJicy and they still can take place. He stated this policy will terminate when the new comprehensive plan is developed and it may be incorporated into the new comprehensive plan. Motion carried unanimously. Mayor Jarstad left the meeting at this time to attend a luncheon. TASK FORCE REPLACEMENT PLaN Mr. Attebery stated that eight or nine people have resigned from the Task Force Committees and he has been asked to present a plan for replacement of these people. He suggested that any individual who resigns be replaced by his alternate if there is one, or as an alternative, an individual who applied but wasn't chosen for a Task Force and has a similar interest as that of the resignee be the replacement. Motion by Commissioners Stewart and Swanson to accept Task Force Replacement Plan, carried. BILLS Motion by Commissioners Stewart and Swanson to give blanket approval to vouchers 4452 thru 4455 inclusive in the amount of $308.31 and vouchers 04504 thru 04600 inclusive in the amount of $98,435.81, audited by John Ross, carried. COMMISSIONERS' REPORTS Commissioner Swanson: Stated Steve Jaynes, Kenneth Baum and Jack Hirsh have completed the requirements for certified membership in the Association of Wastewater Collection Personnel as Wastewater Specialists. Commissioner Stewart: 1. Hoped that Trident protestors would give equal concern to the Russian Embassy. because they are also developing nuclear submarines. 2. Stated that $16.31 is spent for every dog that is licensed and license renewals are going out now. Meeting adjourned at 11:40 A.M. KATHLEEN L. MANDIO, City Clerk Approved: GLENN K. JARSTAD, Mayor -6-