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HomeMy WebLinkAbout07/07/76TAPE SIDE 1- beginning #1 UNAPPROVED MINUTES COUNCIL MINUTES - CITY COUNCIL - JULY 7, 1976 APPROVED Regular meetlng of the City Council of the City of Bremerton, Washington, was held iu the City Councll Chambers, City Hall, 239 Fourth Street, Bremerton, ou July 7, 1976, at 8:00 A.M., PDST. Attending were: Mayor Jarstad, presiding; Commissioner Stewart, City Commissioner Schoneman, Clty Clerk Yeadon, City Attorney Walgren; and Asst. Attorney Jim Ryan for last part of the meeting. Also, present was a reprasentative of the press and radio. meeting opened with Flag Salute and Invocation by City Clerk MINUTES - June 30, 1976 Motion by Commissioner Stewart and Mayor Jarstad to approve the minutes subject to any amendments by the commissioners, carried unanimously. George E. Dressel, Wastewater Operator St., 8/15/76. Albert O. Herrmann, Supervisor, Wastewater, 7/31/76 (retirement) Motion by Cmissioners Schoneman and Stewart to accept the Separations; under discussion: Commissioner Schoneman thanked Mr. Herrmann for his 26 years of valued service; that no one knows the system like he does; will be hard to replace. Mayor Jarstad agreed wtth the remarks. Motion carried unanimously. EMPLOYMENTS Donald E. Proctor, Wastewater Operator St., 7/8/76, $5.95 per hr. William D. Chasteen, Wastewater Operator I, $4.71 per hr. 7/8/76. Charles W. Buell, PT Playleader, 6130176, $3.00 per hour. Motion by Commissioner Schoneman and Mayor Jarstad to approve the Employments, carried unanimously. PAYROLL VOUCHERS Pacific Natlonal Bank of Washington, Salary Fund, for payroll period June 14 through June 27, 1976, FIT, FICA, NET, TOTAL GROSS PAYROLL $154,920.08, audited by John R. Ross. Pacific Nat. Bank of Wa., Claims Fund for COMPANY FICA AND BANK SERVICE FEES, total $5,531.53, audited by John R. Ross. Motlon by Mayor Jarstad and Commissioner Stewart to approve the payroll vouchers, carried unanimously. CLAIM FOR DAMAGES Clerk presented claim for damages filed by Robert W. Johnson and Jack L. Bird, for damages claimed caused by Police arrest on or about July 25, 1975. Clerk stated the insurance agent and police chief have been notified. PAVING MATERIALA - Bid award Clerk read memo dated July 6, 1976, from City Engineer Parker recommending not splitting the award, but make award to North Kitsap Gravel and Asphalt Company, as that company is low on the main supply whlch is asphalt and very little difference between the hourly rate. Motion by Commissioner Schonean and Commissioner Stewart to take the award to North Kitsap Gravel & Asphalt Comply as recomended by City Engineer, carried unanimously. HIRING DATE - SKIRVING ROCK CRUSHER Clerk recommended setting hearing on Notice of Appeal filed by R. M. Morrissey, for Kitsap Lake Environmental Association, July 28, 1976, Wednesday, 7:00 P.M. Motion by Mayor Jarstad and Commissioner Stewart to set hearing for July 28, 1976, at 7:00 P.M., carried unanimously. WORK FORCE - WATER MAIN INSTALLATION (Brewster) Clerk read memo dated July 6, 1976, from Water Supt., recommending the City Council authorize the Water Dept. to install 295 L.F. of water main, one hydrant, two i 1/2" water services, for $4,637.18 estimated amount, at 1900 Brewster, and contractor, Bob Terhune, has deposited $6,068.20 with City Treasurer for the cost including general facility fee. -1- CITY COUNCIL MINUTES JULY 7, 1976 Page two Motion by Commissioners Schoneman and Stewart to approve the recommendation and authorize the work to be done by work force account, carried unanimously. U.A.B. Meeting Notice stated there would be a UAB meeting, July 15, 1976 in Olympia at 9:30 a.m. STATE HIGHWAY ROUTES - in CITY Clerk presented certification of descriptions of State Highway Routes within the limits of cities and towns as of July 1, 1976. Mayor ordered this to be directed to Commissioner Schoneman. AMBULANCE SUBSIDY Clerk read letter dated July 2, 1976, from Attorney John B. Jackson, III, asking for a meeting to discuss bills uncollected from city directed ambulance calls. Mayor Jarstad asked the City Clerk to set up the meeting, with press and radio notified. Mayor Jarstad discussed the need for private ambulance service and the fact that many calls initiated by the city are not paid for after regular attempts to collect by the private company. (Mr. Walgren came in to the meeting at 8:35 A.M,) BID AWARD - KEYPUNCH EQUIPMENT Recommendation memo. dated July 6, 1976, signed by R. L. Goodpasture, City Treasurer, to award to low bidder, Decision Data Inc., Bellerue. Also, recom- mended prior to award request Decision Data to furnish the City with a written maintenance agreement detailing the coverage and the response time for repairs and the disposition of such equipment in the event the city chooses to pur- chase a different type of in-put device to the computer to replace the present card in-put. Motion by Commissioner Stewart and Mayor Jarstad to accept the recommendations of the City Treasurer and award to low bidder, Decision Data, Inc., carried unanimously. 1977 WAGE NEGOTIATION RECOMMENDATIONS - POLICE ASSN. Clerk read for information a letter dated June 30, 1976, from Wilson "Bud" Maves, Jr., Chairman, Wage Committee, setting forth a number of items for negotiation and inclusion in the Agreement for 1977. Mayor Jarstad asked that the city's negotiator be notified and City Clerk stated he had already done so. ESSER & KITSAP COUNTY BANK HEARINGS - Variance Appeals (Gross Parking) Commissioner Stewart stated he has just under a 5% interest in the Olympic Savings & Loan Association which is adjacent to Esser's property and across from the Kitsap County Bank and asked if he should participate in the hearings. City Attorney Walgren stated he should not; thereupon Commissioner Stewart left the City Council Chambers. Motion by Mayor Jarstad and Commissioner Schoneman to hold the hearings as scheduled, carried unanimously. ESSER City Clerk stated the proper notices had been given and a second notice was published noting the change of time of hearing from 10:30 a.m. today to 8:30 s.m. Clerk read the Notice of Appeal from the denial of the variance request by the Planning Commission. Clerk then read Planning Commission Res. No. 358 and minutes of Planning Commission meeting of June 1, 1976. Departmental reviews were read. Clerk read letter from Engineer's Office to City Attorney dated May 20, 1976, asking for a legal opinion on the Planning Commission's ability to grant variances in lieu of compensation for right-of-way and/or other damages. Clerk read letter dated June 1, 1976, from Andrew W. Olsen of the City Attorney's Office which recommended a variance not be granted -2- CITY COUNCIL MINUTES July 7, 1976 Page three because the request did not pertain to a specific instance but for a future unproposed use. Mayor Jarstad discussed the opinion and the fact there is a procedural policy to follow which is in the ordinance covering the granting of variances. Connissioner Schoneman gave the background of the purchase of the Esser property for street widening purposes. City Engineer Parker read from entries in a diary concerning the acquisition of the property, and the events which led the city engineer to apply for a variance on request of Mr. Esser. Mr. Parker stated the bank was in a similar situation; however, their circumstances differed because they have agreed to make a donation of the property and the city was to take care of moving a tree and take care of some landscaping. Discussion was held pertaining to the bank's property and whether the bank was contemplating new construction. Mr. Pritchett, who was present, and is the bank president, discussed their main concern as being future in the event they wanted to expand; that they might lose four or five parking stalls; also, they are using Mrs. Smith's parking area and they might have a problem if the bank parking had to move back. Mr. Walgren discussed the provisions of the zoning ordinance and stated the best thing that can be done is to have this discussion now and recognize the goodwill that has been extended in making the property transfer without legal action and that in the future maybe some further determination be made of the use of the property and the property owners could refer to this meeting when some development is anticipated. Mayor Jarstad stated he read the opinion that this Council could not approve the variances but the desires of the owners will be recorded that it was their desire to work in cleaning up the congestion at that corner and this would weigh very heavily in a planning commission or city council if and when the owners need to come before them to grant a variance. Mr. Esser spoke in favor of the variance and about his cooperation in allowing the city to purchase 3600 square feet which he had just bought at the former gas station; that he had been talking to some lessees and that he was to obtain the variance in exchange. Mr. Walgren stated there was no guarantee of granting of a variance in the future; but that the city council recognizes the granting of the property without a condemnation action and some time in the future when you may need that particular right, you can take it before the Council at that time. Motion by Mayor Jarstad and Commissioner Schoneman that the request for a variance be refused at this point on the Esser property with the reasons as stated from the City Attorney's Office, not properly before the City Council as set out in the ordinance, carried unanimously. KITSAP COUNTY BANK - APPEAL ON VARIANCE DENIAL Don Rickerr, President, Kitsap County Bank, stated his concerns as to what reaction the bank board would have to denial, since the bank has agreed to donate the land worth about $10,000 and felt they were entitled to the variance. Mayor Jarstad advised the City does not sell variance for any amount of dollars and Mr. Walgren asked that when Mr. Rickerr carries the message back he be sure to indicate that the primary reason is that the request is premature, and there is no need of the variance. Commissioner Schoneman gave the reasons for widening the street and that it will be helpful to everyone using that portion of the area; stated when need arises the bank could ask for a variance and something could be worked out even leasing the sidewalk back to the bank. Motion by Mayor Jarstad and Commissioner Schoneman to deny on the same grounds as the Esser denial, carried unanimously. -3- City Council Minutes July 7, 1976 Page four PERSON - Hearing - Substantial Development Permit Request Clerk read memo. dated July 7, 1976, from Asst. Planner which stated the Planning Department has received a properly drawn application and the notices have been published; suggested hearing may be heard from July 28 to August 18 and the applicant has requested an early date. Motion to set hearing for July 28, 1976, at 10:30 a.m., carried unanimously. (by Mayor Jarstad and Com. Stewart) COMMISSIONERS' REPORTS: Commissioner Stewart: 1. Stated it had been discussed at a pre-Council meeting applying B&O Tax Ordinance to federal contracts; have a legal opinion saying thac it is all right and other cities are doing it; and this would mean quite a lot in in- come by collecting on private contractors working on federal properties. Motion by Commissioner Stewart and Mayor Jarstad to collect the tax from contractors doing work on federal projects. Under discussion: Mayor Jarstad stated that City Attorney Walgren has been doing considerable work with the shipyard; and there are matters to be considered in connection with applica- tion of the B&O Tax to the shipyard; chat there has been some negotiation and there has been some other legal opinions and documentation involved speci- fically in connection with the shipyard. Mayor Jarstad stated that when the city attorney~s opinion was written it was relating to Jackson Park; and he would like to take a look and see how it applies to the Puget Sound Shipyard and post offices. Commissioner Stewart stated he felt everyone should pay. Mayor Jarstad stated he would like to amend the motion to relate only to Jackson Park so can have the attorney go into the background of the Puget Sound Naval Shipyard. AMENDED Motion by Mayor Jarstad and Commissioner Schoneman to amend the motion that according to the correspondence received from the city attorney's office it is legal and proper to extend the city B&O tax to private contractors operating in Jackson Park, carried unanimously. Commissioner Stewart stated he wanted all contracting work done within the city limits and on federal land to be under the B&O tax. · 1. Spoke of acquisitions of rights-of-way on Wheaton Way in the past from K-Mart and now the owners of the Value Giant have indicated their willingness to donate to the city the necessary right-of-way, 2. New roadway is necessary to be constructed bordering the watershed near Reservoirs #3 and #4; have been approached by state highway department and county engineer to allow them a portion of the watershed bordering this road- way. This will not interfere with city's operation. They will now proceed with preliminary surveying and they will request this portion of land from the city. This will include replacing of concrete water main with cast iron with chain link fencing on the entire border of the watershed. 3. Reviewed community theater parking. Will b prepared prior to blacktopping. 4. Street Dept, has completed the project with the exception of paving on Almira from Hollis to Riddell. 5. Spoke of excellent program of Norwegian band which was here this weekend with 50 instruments in the band and ninety on the tour, including wives. Put up some of them in his home and thanked others who assisted in housing. Mayor Jarstad: 1. Next meeting concerning capital improvements being proposed for bond levy will be July 20th from 12:00 to 2:30 P.M, at the Hearthstone. Would like to have those planning to to go see his secretary for reservations. Have had excellent ideas giren him on various phases of the proposed campaign to let people know about the projects. -4- City Council Minutes July 7, 1976 Page five METER REPAIR BIDS Motion by Commissioner Stewart and Mayor Jarstad to get some bids to do the city's meter repair for parking meters, carried unanimously. JIM LEYDE Mayor Jarstad noted Mr. Leyde was in the audience and informed him of a meeting to be held, together with press and radio, to discuss ambulance subsidies. RECESS Meeting recessed at 9:25 a.m., so the City Council members and others could attend the groundbreaking ceremony for the new naval regional hospital which will be built at Jackson Park. Senator Henry Jackson will be the main speaker. Recessed to 11:30 a.m. Meeting assembled at 11:40 a.m. with Mayor Jarstad, Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon and Asst. Attorney Ryan being in attendance. 3rd TRANSMISSION - BID AWARD Clerk read memo. dated July 6, 1976, from Water Supt. which stated he had investigated low bidder, DiOrio Construction Co., and all reports are very favorable and they do their work about one-third the time allowed other con- tractors. Recommended City Council award contract to DiOrio. Motion by Commissioners Schoneman and Stewart to accept the recommendation of committee and award to DiOrio, subject to final certification and release of funds from the Dept. of Housing and Urban Development, carried unanimously. HIGHWAY DEPT. LETTER - TRANSFER OF 304 & 303 Clerk read letter dated July 2, 1976, from Highway Dept. which stated that a question had been raised whether or not an EIS had been made and that the department had considered the proposed action of transferring the highway routes in Bremerton through an interdisciplinary approach and subsequently determined it to be a "Non-Major" action. RESOLUTION NO. 1682 (LINDSEY VACATION REQUEST) Clerk stated he should have informed the City Council the Lindsey matter coming from the Planning Commission was for a street vacation and July 21st dated was therefore incorrect. Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1682, setting the date of hearing on August 4, 1976, at 10:30 a.m., instead of the previous date of July 21st, carried, as follows: Mayor Jarstad, Yes; Com- missioner Stewart, Yes; Commissioner Schoneman, Yes. Meeting recessed from 11:48 a.m. to 11:54 a.m. BILLS Motion by Mayor Jarstad and Commissioner Schoneman to give blanket approval to payment of vouchers numbered 3126 to 3127 and 3129 inclusive in the amount of $70,333.84. Under discussion: Mr. Stewart abstained due to an infinitesmal interest in ITT Grinnell, Motion carried unanimously, PROPOSED ANNEXATION - BRANCH (Sheridan Heights, etc.) Berry Branch was present. Ken Attebery, Asst, Planner, reported back to the City Council regarding legal methods of proceeding with the annexation proposed by Mr. Branch. Mr. Attebery stated he and Mr. Walgren had conferred and then Mr. Walgren had talked with Gary Sexton. Two possibilities have been presented: (1) The area be annexed as R-1 and owners would be in a non-conforming use; then apply for rezone through ordinance procedures; or (2) amend the comprehensive land use and zoning plan to include zoning classifications similar to those existing in the county. The time frames for each method were discussed and the hazards to owners in later applying for rezones. Mr. Branch stated there were other owners in the same zoning position as he and he would like to have a short time to contact them before making a choice. -5- City Council Minutes July 7, 1976 Page six Motion by Mayor Jarstad and Commissioner Stewart to recess this hearing until a later date, or week after this meeting, as soon as Mr. Branch can come in, carried unanimously. JOHNSON PROPOSED ANNEXATION Mr. Ken Attebery, Asst. Planner, stated he had been in contact with Mrs. Johnson on the area near Sheridan and Perry Avenue; that she has informed him the price of the land has gone up and they will have to re-analyze their situation. Meeting adjourned at 12:10 p.m. G. C. Yeadon, St. City Clerk APPROVED: Glenn K. Jarstad, Mayor -6-