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HomeMy WebLinkAbout04/23/75 CITY COUNCIL ht~fIN~ APRIL 23~ 1975 The regular meeting of the City Council of the City of Bremer~on, Washington, was held in the Council Chambers of City Hall at 9:00 a.m., PDST, Wednesday, April 23, 1975. Attending were: Mayor Ja~stad, presiding; Con~lissloner Stewart, Co~l~tissioner Sehone~nan, City Clerk Yeadon, Asst. City Attorneys McCluskey and Sexton, and representatives of the press and radio. Meeting opened with the Pledge of Allegiance and Invocation by Pastor William Berg, Bmemerton Alliance Church. MINUTES ~-~utes of April 15, 1975, were approved as read. SEPARATIONS William Barager, Pact-time PlayleadeP, Parks and Recreation~ April 19~ 1975. Margaret Chase, Part-time Playleade~ Pa~ks and Recreation, April 19, 1975. Don T~y, Para-time Playleader, Parks and Reel-cation, Appll 19, 1975. Ron Richardson, Part-time Playleader, Parks and Recr~_~tion, April 19, 1975. Pauline Schwendemann, Par~-tim~ Plavleader, Pa~ks and Recreation, APl~il 19, 1975. Motion bV Mayor Ja~stad and Cor~ssioner $tewar~ to approve the separations ~ carTied unanimously. APPLICATIONS FOR TAXICAB DRIVE~B LICENSE Clerk presented Applications for Taxicab Drivers License flown James Beveridge, approved by Captain Devery for CHief of Police, and Guy Fal~enb~uch, approved by Chief of Police. unanimously. Motion bv Mayor Jar~tad and ConmlissioneP Schoneman to appl, ove the applications, eal~ied APPLICATION/DANCING g ENT. LICENSE - BR/ARCLIFF Clerk prssented Application for Dancing and Entert~unment License for the Brlar~liff Restaurant which was approved bv the Chief of Police. Motion bY Commissioner Schoneman and Cc, ztissioner Stewart to approve the application, carTied unanimously. CLAI~! FOR DAMAGES Clerk p~esented Claim for Damages from James D. Roberts, M.D. in amount of $1~1.85, which was referred ~o insurance oompany. SURPLUS TYPEWRITER/TRANSFER TYPEWRITER (TRFASUR}~{'S OFFICE) Clerk read memm dated 21 April 1975 from City T~easurer requesting one Royal Manual Typewriter be declared surplus and elecl-~ic I~M typewriter be transferred from Commissione~ of Finance to T~easurer ' s Office. ~otion by Co~missioner Stewart and Cc~missioner Schone3nan to declar~ the Royal typewritem surplus and authorize the IBM typewriter transfer, carried unanimously. BOND COVER;G~E - TREASURER'S OFFICE Clerk read memo dated 23 April 1975 frown City Clerk and Finance Corm~issioner reconmending that City T~easu~er's Office be covered by a blanket bond up to $10g,000.Og which will include the City Treasurer and his en~loyees; also, noted Council should set ~nount of bond by motion and direct Attorney's Office to amend the bond omdinance. Con~uissioner Stewar~ stated he would like the flexibility to obtain a bond up to $100,000.00. Motion bV ~n~nissioner Stewart and Mayor Jarstad to authorize the bond up to $100,000.00 as reeon~nended. City Clerk stated the Attorney's Office would have to pl~epar~ an amending ordinance. Carried unanimously. BID AWARD - STRtLu' SWEEPER Clerk read memo dated 2~ April 1975 from Street Supt. to City Clerk Peco~mendlnK bid of SahlbePg Equipment Company for one Mobile Street Sweeper be accepted in the an~ount of $33,92~.50, including tax, less trade-in of $2,000.00. Motionby Cu~,,,{ssioner Schoneman and Co~missioner Stewart to accept recommendation and award bid acc--~ingly, carried unanimously. BID AWARD - SURVEY TRUCK Clerk read memo dated 21 April 1975 frc~ City Engineer to City Council recommending bid be awarded to Kluge Chevrolet, low bidder, for basic bid of $4,483.5~, includin~ tax. Motion by C~,~issioner Schoneman and C~,~issioner Stewart to awal~d bid according to reco~nendation~ carried unanimously. ., CALL FOR BIDS - HEATING OILS Clerk r~quested authorization to call for bids for fur~ishing. ~ heaping oils to various departments fc the contract year July 1, 1975~ to June 30, 1978, PS 100, 200, and 300. Motion. bV Con~Lissioner Stewart and Mayor Jarstad to authorize bid call, carried unanimously. PROCLAMATION Clerk read proclamation of the Mayor proclaiming April ~7, 1975, as "Diabetes Bike-a-Thon Day". CITY COUNCIL ~HI'ING- MINUTES - APRIL 23, 1975 (Cont.) RESOLUTION NO. 1640 - MUNICIPAL CLERK'S WEEK (PROCLAMATION) Clerk read A Resolution appealing to Senators Magnuson and Jackson and COngrmessman Hicks to assist in dedicating the second week in May as Municipal Clerk's Week. Clerk read proclamation of the Mayor declaring the second week in May of each year as '~unicioal C]~'= w~,, ~l~b.~y~.Cc~.s.~sl~on,~_r_~S_t~ewa.r._t_and~ Co_.n._~_'__'.SSlonem. $cho.neman to pass Resolution No. 1640, carried ........... .=yum- uc~.~c~u, y~; ~,l~SSloner STewar~ ~ yes ~ Commissione~ Schoneman, yes. CONTRACT ADDENEUM - CLTA Clerk presented Contract Addendum cc~ining CETA positions a]_~ead existing into one program; combines 2-004 and 2-004A into 2-004. Motion by Co~,,issioner Stewart and Commissioner Schoneman to approve the addendum and authorize ~-~vop and City Clerk to sign same; ca, pied unanimously. WATER MAIN REPLACIMINT - WORK FORCE ACCOUNT (KITSAP LAKE) ~lerk read memo dated 21 April 1975 fl~ E.R. WelleP, Water Supt., to C~,,~issloner Schoneman requesting authorization to replace approximately 1~50 feet of obsolete and inadequate six-inch thin wall steel pipe with eight-inch cast iron pipe on Kitsap Way fi~,~ Northlake Way to Lake View Drive and on Lake View Dmive, Kitsap Way to Ridgeview Dr.; that this is part of the WAter Depa~.b,,ent's continuing prognm~ to replace the obsolete w~tep piping in the former Kitsap I~ke Water District. Motion by Cu,,.issioner Sehoneman and Mayor Jarstad to authol~ize the work to be done by work force account, carried unanimously. Clemk ~ead notice fr~m Depa~,,,ent of T~anspo~tation regarding 1975 Youth Opportunity Program and urging participation in employment of youths in the transit industry. Referred to Civil Service, and Ben Rust of the Transit C~.pany. - ORDINANCE NO. 3221 - MILFAGE RATE (15¢ MILE) Clerk read, second reading An Ordinance 8mending Ordinance 1826 as amended by Ordinances 2460, 3035, and 3099, as it relates to expenses of City employees and fixing the rate of mileage to be allowed city employees for use of private autc~obiles. Motion by Mayor Jarstad and Cu,~,~ssioner Stewart to pass 0rdinaene No. 3221, carried as follows: ~ayor Jarstad, yes; C~,{ssloner Stewart~ yes; Co~,~uissioner Schone~an, yes. ORDINANCE NO. 3222 - TRANSFER FUNDS Clerk read, second Pearling, An Ordinance amending Opdlnance 3185 as amended by 0rdinanee 3193 and 3207 appropriating additional funds in the val~ious funds. Motion by Cu,,,,issioner Stewart and Mayor Jarstad to pass Ordinance No. 3222, carried as follows: [~a-vor Jarstad,yes; Conm%issioner Stewar~, yes; Cu~,~is~ioner Schoneman, yes. PROFESSIONAL SERVICES - PUMP STATION #13 (ODST ESTIMATE-.) ~lerk read memo dated 18 April 1975 fr~m City ~gineer to City Council subnitting formal contracts appmoved by Council April 9th with Kramer, C~in and Mayo for cost estimate in connection with expanded facilities needed for the proposed Naval Hospital at Jackson Park; recu~..~ended contracts be. signed. ~[otion bV CD--missioner Schoneman and Mayor Jarstad to authorize the Mayor and City Clerk to sign the contracts. Con, missioner Sehoneman Stated the cost estimate is needed in order fop the Navv to know amount of funding they should request; that the City will he reimbursed by the Navy for costs involved. Carried unanimously. NOTICE - EPA Clerk presented Notice of Intent from Environmental Protection Agency for Kitsap County Project, Drainage Sub-basins 9 and 10, and stating that if the City wishes to participate in preparation of draft Environmental Impaot Statement, EPA should be advised. Referred to Co~missioner Schoneman. OPINION - KITSAP g3. SEWER DISTRICT NO. 1 B~RED~PYr ~.-lerk read letter flown Municipal Reseameh and Services Center of Washington stateing it is their opinion that the contract is no longer in effeot~ and the State Auditor's Office may criticize the City and Sewer Distriet for the City providing and the Sewer District receiving municipal utility services at less than value. Clerk read memo dated 23 April 1975 from Budget Directom to City Cx~nncil reeonmending that City Attorney be authorized to negotiate a new a~ement whereby sewer service charges to ~esidents of District #1 would be included on the water bill in the ssme manner and at the s~e Pates charged fop other county customers; also, noted a portion of the amount collected could be returned to the Sewer District fop maintenance of the lines. Clerk read memo dated 1~ Apmll 1975 from Asst. City Attorney McCluskey to Finance Co~missioner stating it is his opinion the Agreement is no longer in effect and that he is setting up an appointment with Attorney Green to get his facts in this matter; also, stated an acceptable tentative proposal would be appreciated. Matter referred to Asst. Attorney McCluskey for continuing work on new agreement. ME~£ING RECESSED 9:58 a.m. Called to Omder 10:05 a.m. }DLLY RIFLE LETTER Clerk read letter dated 23 April 1975 fr~m Holly Ridge Center, Inc., requesting the City consider declaring land on Constitution Avenue between Preble and Far~agut surplus in order to make it available to organizations meeting certain qualifications. Mayor Jerstad explained this organizatic is qualified for Referendum 29 funds for a building facility~ and need donation of a piece of public property. Refer~ed to City Clemk to set up a meeting in order to deternkine what property may be available. CITY COUNCIL M~EI'I~ MIN13TES - APRIL 23~ 1975 (Cont.) REPORTS - COP~4ISSIONE, R STEWART: 1. Reported that he and City Treasurer attended Public Funds Seminar in Mr. Vernon last week which was very infonnative. 2. New Water Bills figured on ccmputer system will be going out in June or July. Included on return portion of the bill is a space asking for suggestions. 3. Reported on delinquent accounts which are at a very low level and appreciate efforts of the various depa~.t.~nts. ~. Any employees wishing special income tax payroll deduction must file with the Accounting Depar. b.ent (See Sandy) prior to May 7, 1975. 5. Sewer District ~1 has been receiving services at 50¢ per month and the average City Customer $~_.25 month; hope new agreement is dr%lfted prc~ptly so they won't be getting this special Pate. REPORTS - C0~ISSIONER SCHONt~AN: 1. Water main b~eak at Sheridan and Pine has been repa{red. 2. Building Department Report for first half of April showed 47 per.ts issued at a valuation of $~q1~916. 3. Received report that lSth g WarTen traffic signal is working well. Blacktopping will star~ Monday at B~ewster Place LID and will be eo~,pleted next week. 5. Reported that Florian Schooly has qualified through Civil Service Examination fop Wastewater Plant Foreman at the top score of all tt~se taking the test. Pleased he will be foPenan. 6. Reported on progress of CETA forestry; er~w clearing for small nine golf course which was designed by Er~ Heath. 7. Subnitted $86.00 to ~onmissioner of Finance for brick and street name sign sales. RE, PORTS - CITY CLERK: 1. Reported on Annual Washington Municipal Clerk's Convention he attended last week for approximately three days. Very busy and informative convention and was elected as P~esident of Washington Municipal Clerk's Association for a two-year term. REPORTS ~ ~%qYOR: 1. Expressed appreciation to Mm. Glenn Bailey, 1110 l,~ncoln, who donated a 1918 and 1919 Union High School Year Book (Booster) to tbe Historic Society. 2. Nominated Dr. Steve Wisely, Asst. School Supt., as Chairman of the City of Bremerton Bieentenni Motion by Mayor Jarstad and Co~issioner Sehoneman to appoint Dr. Wisely as the Bicentennial ~"nai~nan; carried unanJJrously. 3. Plan to attend two-day oonvention in Las Vegas regarding the Bicentenn.i~l. ~. Would like to bring up later in the meeting the Emergency Services Co,,,tunications Agreement. FUBLIC RECOGNITION Bob Njegovan, Shore Drive, urged the Council to do something to clean up trash on E. 9th Street on street right-of-way. C~,,,,{ssioner Schoneman stated this would be taken car~ of as soon as possible. Motion bv Mayor Jarstad and Conmissioner Sehoneman to hold hearin Ks as scheduled on the agenda, carried unanimously. ~ TO ZONIN~ ORD. - FENCE HEIGHTS Clerk stated he advertised Notice of Hearing. in official newspaper and posted public places. Clerk read Planning Cum~ission Resolution No. 293 rec~,,nending approval of the proposed ~nendment due to the following facts: 1. the proposed change, permitting fences om walls within front ~ards the same height as now permitted in the rear and side yards, will allow for greater privacy for those who wish to enclose tbeir front yards. 2. No safety factors will be affected since all provisions regarding planting, foliage or fences at intersections will remain. 3. No reasons exist for precluding six-foot fences or walls in the front yard when shmubbery and hedges are allowed to grow without limit under the current ordinance. Clerk read Depa~'.b~,ental Response from Police Traffic Division stating, this proposal meets with their approval. Clerk read Depapb,tental Response f~om Street Supt. with no objections to the proposal as long as safety provisions are not changed. Clerk read Response frrm Building De~a~.O,,ent with no objections provided safety provisions are not changed. CITY COUNCIL MEL'rlNG MINUTES - APRIL 25~ 1975 (Cont.) Clerk read Response from City Engineer stating a sight obscuring fence over 42 inches high at street and alley intersections isnot in the interest of safety. Clerk mead Excerpt of Planning Cu,m~ission Minutes dated Mar~h 19, 1975, stating a motion was made and carried unanimously to adopt the change to the Zoning 0~dinanee. Ken Attebery, Asst. Planner, gave presentation to the Council, explaining the proposed change and stating it is being proposed mainly to allow citizens privacy and scmeening in the front yard. Also noted that at the present time Montgomery Ward Standamd Size Fencing is ~2-inches high and the present City limitation is three feet high. M/% Attebery explained that at corner lots the six-foot fence could not be erected within 20 feet from~he point of intersection of the stmeets to allow safe vision. C~missioner Schoneman suggested that this 20 foot limitation should also apply to alley intersec1 ions due to trucks, etc., that use the alleys quite heavily. Mm. Attebery stated this would be a good point to consider. Mayor Jamstad stated he didn't feel the amenc~nent would be in the inter~st of safety due to children dashing out into the street frcm behind the fences; also, con~nented be was ooncer~ed about the appearance of such fences. City Clerk concurred that this would not add to beautification of the City, and perhaps should be refermed to the Beautification C~,,~ttee for a recu,,,endatlon. Con,missioner Stewart brought out the fact that at present shrubs are allowed to grow to six feet, and perhaps the oz~iinanee that now exists isn't a good one. It was the consensus of the Council to further study the matter and recess the hearing until a later date. ~HK VARL~CE REQUEST (P~ UN~TS) City Clerk explained this is a eontinueation of properly advertised hearing held last week, and new eorTespondenee has been received. Clerk read memo dated 22 April 1975 fr~m Sgt. Gingrey, Traffic Division, stating they feel the one parking space for every three units would he adequate. Clerk read letter dated 23 April 1975 from Acting Fire Chief Meigs to Planner stating they would approve the plans if altered to provide adequate access flxxa 10th Street to and from the Building site. Clerk Dead letter of petition dated April 18, 1975, in opposition to the vamiance signed by 15 persons. Max Meigs was present at the meeting and stated they would have no objectsions if access to the site could be obtained from 10th Street. Ken Atteverv, Asst. Planner, stated in the past Council has gone on recomd as allowing one space per three unt~ s for housing elderly. Bernice Wegsteen, Housing Authority, gave presentation in favor of the veriance stating there have been no problems with tnaffic congestion at the other two elderly housing facilities in B~emerton which have a parking ratio of one space for every three untis. MP~. Wegsteen suggested the C~uneil could base the variance on housing for elderly and if the facility was used for any other purpose it could revert back to original zoning ordinance requirements. Glenn Gahn, Senior Executive Director, Council on Aging, spoke in favor of the variance and advised of the great need for this facility; also, stated he felt the one parking space for every three units is quite sufficient and other Cities go as far as one space for every five units with no problems. Victor Laire, Architect, stated the driveway w~uld be corrected to provide an access flx]n 10th Street. ~ "Ike" Parker spoke in favor of granting the variance and stated he felt the pamking on a one to three basis would be sufficient. A.A. Miller, stated he felt ther~ would be sufficient parking in the a~ea. OPPONENTS 5ob Nje~ovan stated pa~king on Shore E~ive is insufficient at present time and he would now have to watch out fop pedestrians on this very narrow street. Mr. Lester Mover, 214 Shore Drive, stated he is in favor of the facility; however, is concerned with parking in the a~ea. Stated he felt it would he a good idea to tie the variance in with housing the elderly. Mr. Overman, 311 Shore Drive, stated he felt the situation could be ~Drked out with the restrictions put in. ~urther discussion was held, and Mayor Jarstad pointed out that this use will he much less of a traffic generator than other uses that could be put in such as a restaurant which was once proposed CITY COUNCIL M~i'iNG MINU'I~S - APRIL 23, 1975 (Cont.) Further discussion was held, and Mayor Jarstad pointed out that this use will be much less of a traffic Kenerator than other uses that could be put in such as a restaurant which was once proposed. Motion by C~tissioner Schoneman and Cu,,~,{ssioner Stewal~t to allow the variance request if facility is used for bDusin g the elderly, and if this use is changed the parkln~ requirements would revert back to the original zoninK ordinance requirements. Co~missioner Stewart stated he would like to add a restriction eOncernin~ access to the driveway fro,, 10th S%-r~et as rec~¥,nended by the Actin~ Fire Chief. Cu,,~,{ssioner Sehoneman stated this would not be necessary because a ~uildlnK Permit will not be issued unless approved by the Fire Depa~.b~ent. Motion carried unanimously. ~K SHORELINE MANAGIMENT PERMIT HEARING Clerk explained this bearing is continued from properly advertised meeting held last week. Motion by Mayor Jarstad and Cc~missioner Stewart to accept the Envirormental Impact Asses~nent as complete, ear, led unanimously. Ken Attevery, Asst. Planner, stated this proposal doesn't require any alteration of the Shoreline. Motion ~V Mayor Jarstad and Cu,,~[ssioner Stewart to approve the issuance of a Shoreline Management Substantial Develo~ent Permit, carried unanimously. PHILBRICK SAUNA PARLOR g MASSEUSE LICENSE Asst. City Attorney Sexton explained that Attorney George Dixon had requested an additional one~ week extension and closed hearing; however, has not been in touch with their office. Stated they have received calls fr~m t~o other Attorneys who appeared to be considering defending Ms. Philbrick; however, have not heard from tham since. $ubnitted letter frcm Attorney Dixon stating he has investigated the police attests and spoke to the offieem involved who did state that Ms. Philbrick was not one of the leading Sauna Figumes in the al~r~st and there were many arrests during this time; also, stated she has not been arrested or convicted since that time; that she should be granted a license. Discussion followed, and Mayor Jarstad stated the Attorney has had sufficient ~nount of time to request a closed hearing and has not; also, comnented that evidence does indicate Ms. Philbrick has questionable moral character. Motion by Mayor Jarstad to coneu/~ with earlier Council aotion and deny the license as recommended by the Police F~pa~.O.ent due to their inVestigation. C~,~issioner $ehoneman stated he would second the motion to get ~t on the floor for discussion. Conmissioner Schoneman stated he did not feel she should be denied the right to work unless she has been convicted of a crime; that he doesn't feel you can grant one person a license and tell the next one she can't be licensed due to somethlr~ the Council has heard about her. Mayor Jarstad stated that if this is the stand the Cc~ssioners want to take, the o~dinance should be ~ended to exclude the clause regarding mol~%l character, instead of putting the Police Depar. tment through the work. Motion carried as follows: Mayor Jarstad, yes; C~ssioner Stewart, no; Co~missioner $choneman, no. Mayor Jarstad stated that the Police Depa~.b,ent does not need to do any further investigation if an applicant has not been convicted if his fellow eo~missioners are not goin~ to deny any license unless based on a conviction. Motion by C~,,~ssioner Sehoneman and Cu,,,~ssioner Stewart to grant Owner-Operator License to Cora ~q-~lbrick, carmied as follows: Mayor Jarstad, no; C~,,,,{ssioner Stewart, yes; Con,misSioner Schoneman, yes. Motion by Co~missioner Stewart and Co~missioner Sehoneman to grant a Masseuse License to Cora Mae ~-----~ick, carried as follows: Mayor Jarstad, no; Cu~mlssioner Stewart, yes; Co~m%issioner Schoneman, yes. BILLS Mo-~n by C~,'~issioner Stewart and Mayor Jarstad to give a blanket approval of Vouchers No. 5822 ~ 5901 in amount of $27,609.52; carmied unanimously. MEn'rING ADJOURNED 12:25 P.M. APPMDVED: G.C. YEADO CITY CLERK ~LENN K. JARSTAD, U MAYOR TP: LK TAPE MO. 55 "R" TAPE ~0. ~C, "A"