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HomeMy WebLinkAbout03/10/76TAPE 81 A & B ROUGH DRAFT - UNAPPROVED COPY CITY COUNCIL MEETING MARCH 10, 1976 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers of City Hall at 9:00 a.m., PST, Wednesday, March 10, 1976, Attending were: Commissioner Stewart, Mayor Protempore; Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Sexton, and representatives of the press and radio. Meeting opened with the Pledge of Allegiance and Invocation by Father Dennis Zoet of Holy Trinity Catholic Church. MINUTES Minutes of March 3, 1976, were approved as written. LETTER - GARBAGE SERVICE Mr. Donald Serry was present at the meeting in order for his letter to be read concerning garbage service. Discussion was held and it was the consen- sus of the Council to bring the matter up later in the meeting when Brem- Air Attorney was present. CHANGES IN PAY STATUS Kelly Pierce, Extra labor, Parks Dept., $2.25 to $2.50, Effective March 5, 1976. Fred Weaver, Engr. Aide I to III, $866 to $1032, Effective March 8, 1976. James Halffman, Engineer Aide III to II, $1032 to $974., March 8, 1976. City Clerk read memo dated March 9, 1976, from City Engineer relating to the Changes in his department. Motion by Ccmmissioner Schoneman and Commissioner Stewart to approve the changes in pay status, carried unanimously. PAY SCHEDULE FOR 1976 - NONUNIFORMED Clerk presented pay schedule indicating wage increases for non-uniformed city employees (except supervisors) for the year 1976, retroactive to January 1, 1976. Motion by Commissioner. Stewart and Commissioner Schoneman to approve the pay schedule, retroactive to January 1, 1976, carried unanimously. UNION CONTRACT 1976 - NONUNIFORMED Clerk submitted Agreement between Washington State Council of County and City Employees, Local No. 2052 and City of Bremerton signed by Union representatives submitted by Donworth Company. Clerk advised that the contract has been signed City Council members. Clerk sent signed copies to Union President & Donworth. Motion by Commissioner Stewart and Commissioner Schoneman to approve the agree- ment and confirm the City's signatures, carried unanimously. SEPARATION Robert Warner, Extra Labor, Parks & Recreation, Health Reasons, March 8, 1976. Motion by Commissioner Stewart and Commissioner Schoneman to approve the separa- tion, carried unanimously. APPLICATIONS/TAXICAB DRIVERS LICENSES Clerk presented Applications for Taxicab Drivers Licenses for Jeffrey Hammond and Elaine Dean which were approved by Captain Johnson for the Chief of Police. Motion by Commissioner Schonenan and Commissioner Stewart to approve the licenses, carried unanimously. APPLICATION - SAUNA PARLOR Clerk presented Application for Massage Parlor from Norman Wherrert and Donald McKenzie for Luckyfella Sauna, previously the 0ld Tokyo Massage Parlor; approved Police and Health Departments. Motion by Commissioner Stewart and Conmissioner Schoneman to approve the applica- carried unanimously. COUNCIL MINUTES PG. 2 3-10-75 DANCING & ENTERTAINMENT - WESTPARK LANES Clerk presented Dancing & Entertainment License application for Westpark Lanes which was approved by Chief of Police, Fire Department and Building Department Motion by Commissioner Stewart and Commissioner Schoneman to approve the application, carried unanimously. MUSIC MACHINE LICENSE APPLICATIONS Clerk presented applications for music machine licenses for The Wheel House and the Dug-Out; both approved by the Chief of Police. Motion by Commissioner Schoneman and Commissioner Stewart to approve the appetites, carried unanimously. CLAIM FOR DAMAGES Clerk presented Claim for Damages from Clark & Shirley Boyer in the amount of $500,000 which was referred to Insurance Company; copy also to Police Dept. CALL FOR BIDS - FIRE HOSE Clerk read memo dated March 7, 1978 from Fire Chief to Mayor Jarstad requesting call for bids for 2000 feet of three-inch fire hose. Motion by Commissioner Schoneman and Commissioner Stewart to authorize the bid call, carried unanimously. LETTER - GARBAGE SERVICE (SERRY) Commissioner Stewart explained to the City Attorney that Mr. Serry owns property on which two homes are located and only enough garbage is generated to use one can and Mr. Serry is objecting to paying Brem-Air for two cans when only one can is being used. Gary Sexton, Asst. Attorney, stated the ordinance requires garbage service for each premises and this would be a matter of interpretation. Mr. Sexton asked if apartment houses were charged by the unit end Commissioner Stewart stated they were not; that it depended on the garbage generated and some have four or five cans or maybe a dumpster. Mr, Sexton suggested the City Council make a policy decision and the ordinance be clarified. Commis- sioner Stewart told Mr, Serry that he could have the Health Department certify he does not require garbage pick-up, end Mr. Serry stated he approached Health Department official and was told they did not want to be involved with Bremerton's garbage service. Conmissioner Stewert stated he felt people should only be charged for the services rendered; that if they don't require two cans, they should not be charged for two cans. City Clerk asked Mr. Serry what he was doing with his garbage; that two homes only require one can is very unusual. Mr. Serry explained he has a compost and burns his burnable trash. Commissioner Schoneman noted that apartment units are under one roof and this is two separate houses. Mr. Schoneman stated that neighbors could get together and combine their trash in one can and this could have quite a financial affect on Brem-Air. Clerk read the letter from Mr. Serry dated March 5, 1976. Attorney Costello, representing Brem-Air, expressed his concern of setting a precedent, and Mr. Sexton expressed this same concern. Mr. Costello stated Brem-Air is willing to work with the Council to enable them to come up with a policy on this type of matter. Motion by Commissioner Schoneman and Commissioner Stewart to schedule a meeting March 15, 1976, Monday, 9:30 a.m., in the Mayor's Office, to discuss a policy change regarding the garbage collection with the City Attorney, Brem-Air Attorney present; carried unanimously. Press and radio notified at this time. 2 COUNCIL MINUTES PG. 3 3-10-76 LETTER RE: COMM. THEATRE CONTRACT CHANGE ORDER Clerk read letter dated February 28, 1976, from Commercial Builders to City of Bremerton advising that they may request a time extension beyond that recently approved by Contract Change Order submmitted by Art Anderson and Associates on the Community Theatre Project. LETTER - DOE Clerk read letter dated March 5, 1976 from Department of Ecology stating the Governor has recently signed legislation which amends the Shoreline Management Act contained in SHB 676 which becomes effective May 21, 1976. WORK FORCE ACCOUNT - WATER MAIN INSTALLATION Clerk read memo dated March 5, 1976, from Water Department to Commissioner Schoneman requesting authorization to install eight-inch A.C. pipe on the east side of Almira Drive from Ivy Road to Hollis Street. ($10,439.28) Motion by Commissioner Schoneman and Commissioner Stewart to authorize the work to be done by work force account, carried unanimously. LETTER - GRANT AWARD - DAY CARE CENTER Clerk read letter dated March 9, 1976 ~ from Bob Theroux to City Council advising that the City has been awarded $231,000 in Ref. 29 funds for construction of Community Services Day Care Center at Smith School site and requesting that the architectural firm of Malcolm Campbell be retained to commence with the necessary design studies. Mr. Theroux was present at the meeting and explained this would be 100% refundable project and that Mr. Campbell realizes the City cannot put up the initial $1,000. Motion by Conmissioner Stewart and Commissioner Schoneman to approve the contract subject to the Attorney' s Office reviewing the reimbursable portion of the contract to be sure City is free of liability, carried unanimously. PROCLAMATION Clerk read Proclamation of the Mayor proclaiming March 14-20, 1976, as Camp Fire Girls Birthday Week. Two campfire girls were present for the reading of the proclamation. REPORTS - C0MMISSIONER SCHONEMAN: 1. Presented license form to be signed for use of federal property in connection with USS MISSOURI entrance improvements, Motion by Commissioner Schoneman and Commissioner Stewart to accept the license permit and authorize signatures, carried unanimously. 2. Welccmed KITTY HAWK and advised that he would give the welcoming speech at 11:00 a.m., Friday, March 12, 1976. 3. Have received requests concerning the city donating gardening space for Senior Citizens and consideration will be given to various sites for this purpose. 4. Have indicted to the State that they are responsible for navigation lights on both bridges after they stated they were only responsible for Warren Ave. Bridge. They are responsible for both bridges which are both owned by the State. 5. Presented letter from Brem-Air Disposal, Inc,, submitting letter from Health Department to Brem-Air approving their landfill site near Kitsap County Airport. COUNCIL MINUTES PG. 4 3/10/76 Commissioner Schoneman complimented Don Lindgren on an excellent operation and commended him for having the best equipment throughout the State and country. Ccrmissioner S~cewar~ stated the garbage contract is the best contract the city has and brings in the most revenue for the city. REPORTS - CITY CLERK 1. Bid Call has been advertised for eight new bus shelters to be open March 24th, 1976, along with bid call for pressure washer for the exterior of the buses. Stated this is the final bid call regarding original transit grant. 2. Ambulance rates in Bremerton identical or slightly lower so far in checking other rates throughout the State. Will report to the Council when completed with survey. REPORTS - COMMISSIONER STEWART: 1. Contacted person holding advertising contract on the benches and he stated he has received no advertising and he is willing to give the benches be has to the City. Commissioner Schoneman stated he is opposed to advertising on the benches and feels they should be maintained by the Public Works Department. Ccmmissioner Stewart stated he would be concerned with the city's cost to maintain the benches, and the advertising would provide the revenue for this maintenance. Motion by Commissioner Schoneman and Commissioner Stewart to accept the benches subject to the City Attorney's Office reviewing the matter and working out the liabilities; carried unanimously. 2. Read letter from Steve Wisely, Beautification Committee, concerning lack of progress toward a city bike trail. Lengthy discussion followed and Commissioner Schoneman explained that there is a bike trail on the watershed and that this is available for use. Commissioner Stewart suggested use of existing sidewalks or alleys for bike trail to downtown. 3, Have preliminary design for the new courtroom which is available for review. Minimal changes will take place in Council Chambers, major changes being the old courtroom being converted to offices. BREERTON MARINA - SHORELINE MANAGEMENT APPLICATION Motion by Commissioner Stewart and Commissioner Schoneman to open hearing at this time, carried unanimously. Clerk advised that he advertised hearing in the official newspaper as required by law. Clerk read memo dated March 5, 1976, from City Engineer to Planning Department recommending an application be made to City Council for a street use permit covering the portion of the existing facilities and any remodeling thereof which is in the street right-of-way. COUNCIL MINUTES PG.5 3-10-76 Clerk read memo dated March 10, 1976, from Ken Attebery stating he has contacted Police Traffic, Water Department, Street Department, and Fire Department. The only concern is from the Fire Department regarding the feasibility of requiring a hydrent in the vicinity of the pump station located in the llth Street right-of-way. Mr. Attebery explained location of proposed remodeling of en existing structure for a restaurant and tavern (101 Shore Drive). Mr. Attebery recommended negative declaration so a detailed EIS would not be required. Motion by Commissioner Schoneman end Commissioner Stewart to accept negative declaration so a detailed EIS not be required, carried unanimously. Motion by Commissioner Stewart and Commissioner Schoneman to approve the application for Shoreline Management Substantial Development Permit, carried unanimously. METCALFE/HABENER REZONE MATTER Commissioner Stewart indicated that the council members met with the developer and neighbors on the site and the bulkhead problem has been solved; however, he was still concerned about zoning a parcel for business when completely surrounded by residantial, especially when there is opposition from the neighborhood. Mr. Stewart stated a decision should be delayed until the Mayor is present. Commissioner Schoneman stated he still felt the development as proposed was compatible to the surrounding area. Motion by Commissioner Schoneman to approve the rezone. Died for lack of second. Mr. Jack Dues stated the bulkhead problem has been solved; however, he is still in favor of zoning the entire area rather than one parcel at a time, Allen Metcalfe stated he could see no reason why his rezone should be delayed if the antire area is going to be zoned for business; that the property owners and Council have agreed to the entire area being rezoned for businesses end delaying his development shouldn't be necessary. Ken Attebery stated the Council could initiate rezone for the entire area at this time by motion. Motion by Commissioner Stewart to postpone decision on the Metcalfe/Habener Rezone matter until next week and to initiate rezone on all those lots west of Wheaton Way, south of Callahan, end east of Hemlook. Died for lack of second. Motion by Commissioner Schoneman and Commissioner Stewart to postpone decision of the Metcalfe/Habener Rezone until next week when the Mayor is present, carried unanimously. Five Minute Recess Called to Order at 11:03. Motion by Commissioner Stewart and Commissioner Schoneman to open bids as scheduled on the agenda, carried unanimously. LIBRARY BOND SALE: Rainier Bank, Cashiers Check Enclosed $22,500.00, Interest Rate, 6.8515. Seattle First National Bank, Cashiers Check Enclosed $22,500; Rate, 6.777145 Marshall & Meyer, Cashiers Check $22,500.00 Enclosed, Rate, 6.6545. Foster & Marshall, Cashiers Check $22,500.00 Enclosed, Rate, 6.477269. William N. Appel of Gay et al Assoc., Consultants to the City on this matter, was present for the bid opening end stated it appeared as though Foster & Marshall is low bidder and since they were financial consultants on this sale COUNCIL MINUTES PG. 6 3-10-76 they should verify proper advertising and the fact that all requests for bond offerings were mailed out. Mr. Thomas Satterlee, Foster & Marshall, stated they advertised the bond sale in the Daily Journal of Commerce and the Bremerton Sun and mailed out bond offerings according to requests received. Representatives of all the bidding firms ware present and Mr. Appel asked if there was any conflict of Mr. Satterlee's statement, and there was not. The meeting was recessed at 11:16 a.m, in order to allow tabulation of the bids. City Clerk left the meeting with the bids along with Mr. Satterlee and Mr. Appel along with representatives of the other companies. Mr. Satterlee did not participate in review of the bids, and City Treasurer was called in. Meeting called to Order at 11:25 a.m. Motion by Commissioner Stewart and Commissioner Schoneman to accept the bid of Foster & Marshall and to return the Cashier Checks to unsuccessful bidders, carried unanimously. City Clerk returned Cashiers Checks to unsuccessful bidders. WATER SERVICE MATERIAL: Motion by Commissioner Stewart and Commissioner Schoneman to open the bids as scheduled on the agenda, carried unanimously. Familion Pioneer, Bid Deposit Enclosed, Itemized Amounts on file. Rosen Supply Company, Bid Deposit Enclosed, Amounts on file, Pacific Waterworks Supply Company, Bid Deposit Enclosed, Amounts on file. H. D. Fowler Co., Bellevue, Bid Bond Enclosed, Amounts on file. Western Utilities Supply Company, Bid Deposit Enclosed, Amounts on file. ITT Grinnell Company, Bid Deposit Enclosed, Amounts on file. Crane Supply Company, Bid Bond Enclosed, Amounts on file, Motion by Commissioner Schoneman and Commissioner Stewart to refer bids to proper committee consisting of Water Supt. and Purchasing Agent for tabulation and recommendation of award, carried unanimously. DOG PROBLEM Marilyn Green, 1338 Broadway, stated she has had problems with a stray dog for three days and cannot get a response from the Humane Society. Commissioner Stewart stated the Humane Society has agreed to respond to calls and should be notified. Motion by Commissioner Stewart and Commissioner Schoneman to direct the City Clerk to write a letter to the Humane Society advising of this complaint, carried unanimously. Motion by Commissioner Stewart and Commissioner Schoneman to open hearings as scheduled on the agenda, carried unanimously. BELL REZONE HEARING Clerk advised that he advertised hearing in newspaper, mailed notices, and posted property all at the proper time as required by law. Clerk read Planning Commission Resolution No. 334 recommending approval of the rezone for one additional unit as requested. Clerk read Excerpt of Planning Commission Minutes dated February 17, 1976, COUNCIL MINUTES PG.7 3-10-76 and presented Department Reviews and letter from Fed Kahn indicating his being in favor of the rezone. Robert Bell, Lynwood, stated he Pepresents his mother, Mrs. Robert Bell, Applicant for the rezone; explained this is merely to allow the remodeling of her garage to provide an additional unit for rental for financial reasons. No one spoke in opposition to the rezone. Motion by Commissioner Stewart and Commissioner Schoneman that there is no significant adverse Environmental Impact and a detailed EIS not be required, carried unanimously. Motion by Commissioner Stewart and Commissioner Schoneman to approve the rezone from R-1 to R-2 in accordance with recommendation of Planning Commission, carried unanimously. GARGUILE REZONE Clerk advised he advertised hearing in newspaper, mailed notices, and posted property; all at the proper time as required by law; carried unanimously. Clerk read Planning Commission Resolution No. 332 recommending denial of the rezone. Clerk read Excerpt of Planning Commission Minutes dated January 20, 1976, and February 17, 1976. Clerk read Environmental Assessment and Staff Review stating there is no signifi- cant adverse environmental impact and EIS should not be requested. Motion by Commissioner Stewart and Commissioner Schoneman to accept the Environ- mental Assessment and EIS not be required, carried unanimously. Ken Attebery, Asst. Planner, gave presentation to the Council explaining proposed development and location; also, discussed land uses in the area. Conmissioner Schoneman asked Mr. Attebery if neighborhood shopping centers abutting residential areas is good planning, and Mr. Attebery stated they do provide a good service for the City and are in keeping with good planning . PROPONENT R.N. Garguile, Applicant, explained that there was a neighborhood grocery located at this site previously which burned down a couple years ago; that the business was substantial indicating the need in the apea. Mr. Garguile explained he offered the site to the owner of the grocery store on the next lot and he didn't want any part of it so now he, Mr. Garguile, would like to develop the property himself. Mr. Garguile stated he owns Noah's Shoprite and has a good reputation for running a decent business and providing needs for the community. OPPONENTS Betty Voldrich, 1513 N. Callow; Lawrence Stein, 1514 N. Wycoff; Bill Lary, 2149 N. Wycoff; Mrs. White, 15th & Wycoff; Elmer Voldrich, 1513 N. Callow spoke in opposition to the rezone for reasons concerning traffic problems, spot zoning, and they didn't feel there was a need for another grocery store in the area. Clerk noted there was a petition in the file signed by approximately 500 persons. Mr. Garguile stated he had been told this was placed on the counter of the other grocery to obtain signatures. Mr. Voldrich explained his wife and three others went door to door to obtain some signatures. 7 Commissioner Stewart told Mr. Garguile that he should talk to the people in the neighborhood so they don't just hear one side of the story. Motion by Commissioner Stewart and Commissioner Schoneman to continue the hearing until the next Council Meeting, carried unanimously. HEARING - AMENDMENT TO 0RD. 2678 Clerk advised he advertised notice of hearing in newspaper according to the law. Gary Sexton, Asst. Attorney, explained that a negative declaration is not required for this particular matter. Ken Attebery, Asst. Planner, explained that this amendment would allow the Planning Commission to schedule their regular meeting date by motion which is restricted by present ordinance. No one spoke in opposition to the amendment. Motion by Commissioner Stewart and Commissioner Schoneman to approve the amendment to Ordinance No. 2678 as recommended by the Planning Conmission, carried unanimously. SET HEARING DATE - SHORELINE MASTER PlAN Clerk read memo dated March 10, 1976, from City Planning Department to City Council stating the recently prepared Draft, Bremerton Shoreline Management Master Program is ready for public hearing by the City Council and date should be scheduled. Motion by Commissioner Stewart and Commissioner Schoneman to set date of hearing April 7, 1976, at 4:30 p.m., carried unanimously. ORDINANCE NO. 3276 Clerk read, second reading, An Ordinance amending Section 1101 of Chaptar I Ordinance No. 1792, zoning ordinance of the City of Bremerton. Motion by Commissioner Stewart and Conmissioner Schoneman to pass Ordinance No. 3276, carried as follows: Commissioner Stewart, yes; Commissioner Schoneman, yes. ORDINANCE NO. 3277 - BILLBOARDS Clerk read, second reading, An Ordinance amending Section 8 of Ordinance No. 2149 regulating Billboards. Motion by Commissioner Stewart and Commissioner Schoneman to pass Ordinance No. 3277, carried as follows: Commissioner Stewart, yes; Commissioner Schoneman, yes. ORDINANCE - BUDGET Clerk read, first reading, An Ordinance amending Ordinance No. 3271 appropriating additional funds for the year 1976. Motion by Commissioner Stewart and Commissioner Schoneman to approve ordinance on first reading, carried as follows: Commissioner Stewart, yes; Conmissioner Schoneman, yes. CALL FOR BIDS - PICK-UP TRUCK Clerk read memo dated March 9, 1976, from Water Supt. to Commissioner Schoneman requesting Council autherize bid call for a new half-ton pickup for the Water Distribution Department. Motion by Commissioner Stewart and Commissioner Schoneman to authorize bid call, carried unanimously. BILLS Motion by Commissioner Stewart and Commissioner Schoneman to give a blanket approval of Vouchers 1673 to 1756 in amount of $110,683.08 as audited by John Ross, carried unanimously. MEETING ADJOURNED 12:50 P.M.