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HomeMy WebLinkAbout03/30/77 CITY COUNCIL MINUTES March 30, 1977 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, March 30, 1977 at 9:07 A.M., PST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, City Clerk Yeadon, Asst. City Attorney Ryan, and a representative From the press. Commissioner Schoneman was absent, on vacation. Meeting was opened with the Pledge of Allegiance and invocation was given by Pastor Berg of the Bremerton Alliance Church. MINUTES OF MARCH 23, 1977 Clerk read minutes of March 23, to stand approved as read. 1977. Mayor Jarstad ordered the minutes SEPARATIONS Louis Lee Miller, Wastewater Treatment, Operator I, Resigned, 4/1/77. Nancy Burdick, Accounting/Treasurer, Keypunch Operator, Resigned, 3/29/77. Motion by Commissioner Stewart and Mayor Jarstad to approve separations, carried. NOTICE OF EMPLOYMENTS Patty Ramsey, Treasurer/Accounting, Keypunch Operator II, $3.92 per hr., 4/4/77. Terry Leys Peterson, police Dept., Police Officer, $1,O93.42 per mo., 3/28/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Notice of Employments. Under discussion: Commissioner Stewart stated that he would like to have the keypunch register left open to allow for more testing. Motion carried. CHANGE OF PAY STATUS Linda J. Davis, City Attorney's 0ffice, Secretary, $4.31 to $4.54 per' hr., 3/21/77. Violet Krone, City Attorney's 0ffice, Secretary, $4.31 to $4.54 + .05 longevity per hr., 3/21/77. Joan M. Allen, City Attorney's 0ffice, Secretary, $2.20 to $2.52 per hr., 3/21/77. Charles B. Krumheuer, Wastewater Dept., Operator II, $ 5.12 to $5.75 per hr., 3/7/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Change of Pay Status, carried. TAXICAB DRiVER'S LICENSE APPLICATION Michael Paul Mansfield, approved by Capt. Devery for the Chief of Police. Motion by Commissioner Stewart and Mayor Jarstad to approve taxicab driver's license application, carried. PAYROLL VOUCHERS Salary Fund, Gross payroll for period March 7, 1977 through March 20, 1977, and Claims Fund, FICA and Bank Service Fees, for period March 7, 1977 through March 20, 1977, both audited by John H. Ross. Motion by Commissioner Stewart and Mayor Jarstad to approve Payroll Vouchers, carried. CLAIM FOR DAMAGES Ronnie J. Whirfield, $195.06, damage to vehicle hit by Officer Johnson. Clerk stated that a copy of the claim had been sent to insurance company. APPEAL 0F ADVERSE DECISION IN BREMERTON VS. TAXPAYERS Clerk read letter from City Attorney's office, dated March 28, 1977, which stated that in considering whether or not the City should appeal the adverse decision rendered by the Superior' Court in the Bremerton vs. Taxpayers case, it would appear that an appeal would not be beneficial to the interest of the City and citizens of Bremerton. It stated further that the case would CITY COUNCIL MINUTES March 30, 1977 Page two probably not be heard for at least eighteen months; that it would appear more economical For the City to redraft the bond proposals and resubmit them for a vote of the people. Mayor Jarstad stated that he had been doing a lot of serious thinking about whether the City should make an appeal and he gave his thoughts on Judge Hamilton's decision which he said were based on some very old cases which he believed are outdated due to the new arrangements of City responsibilities and functions; that he believed the ballot titles were proper because the matters were within one city department and they were improvements that were voted heavily in favor by the citizens who were aware of the content. He stated he would ask the City Council to instruct the City Attorney to appeal the court's ruling. Motion by Mayor Jarstad and Commissioner Stewart to instruct City Attorney to appeal the court's ruling. Under discussion: Mayor Jarstad commented there were quite a few alternative routes and he wanted to keep all the options open. Commissioner Stewart asked if this would affect the planned vote. Mayor Jarstad stated it would not. Commissioner Stewart asked if the forthcoming vote was successful and question becomes moot, would the City Council want to continue with the appeal. Mayor Jarstad stated the appeal would be dropped in that event. Attorney Ryan stated that the City has 30 days to give notice of appeal. Commissioner Stewart asked if the City gives notice of appeal, would there be much spent on it until after May 17 and Mr. Ryan stated the issue wouldn't be before the court at that time and briefs would not be filed but the City would have to file within 50 days and at this time there would not be a lot of work. Motion carried. OPERATION OF CITY'S SELF-PARKING FACILITY Clerk reported that bids would be opened on April 27, 1977 For operation of the City's self-parking Facility at 4th and Washington. DESIGN/BUILD PROPOSALS FOR ADDITION TO SECOND FLOOR OF CITY HALL Clerk reported that bids would be opened on April 27, 1977 for design/build for addition of approximately 1500 sq. Ft. of air conditioned office space to the existing City Hall. SHORELINE MANAGEMENT HEARING - STORAGE FOR PUBLIC SAFETY BOAT Clerk requested that hearing date for Shoreline Management ttearing for boat storage shed located at the end of 14th Street, alongside the fire drill tower be set for May 11, 1977 at 10:30 A.M. Motion by Mayor' Jarstad and Commissioner Stewart to set hearing date for May 11, 1977 at 10:50 A.M., carried. LEASE - CITY OF BREMERTON & KITSAP COMMUNITY COUNSELING SERVICE Clerk presented lease between City of Bremerton a Kitsap Community Counseling Service for the property at Werner and Union for a period of ten years, renewable ten years and an additional five years. Clerk gave the lease to Dr. Marrs for' his review and return later in the Council meeting. LETTER FROM B0N MARCHE RE: DOWNTOWN BREMERTON DEVELOPMENT Clerk read letter from Bon Marche, dated March 22, 1977, which stated that they have no interest in the development of downtown Bremerton. ZONING ORDINANCE AMENDMENT FROM MANETTE PENINSULA NEIGHBORR00D Clerk read letter from Manette Peninsula Neighborhood, dated March 21, 1977, which stated that they would like to have the zoning ordinance amended as Follows: (1) Any property which has had its zoning classification changed from R-1 to R-2 or from R-2 to business will revert back to its original classification within 1 year if the party who received the reclassification Fails to develop the property in accordance with the site plan which was submitted; and {2) Any property which has had its zoning classification changed From R-1 to R-2 or From R-2 to business will revert back to its original classification at once if the party who received the reclassification grant sells the property without having developed the property in accordance with the site plan which was submitted. Coimmissioner Stewart stated -2-- CITY COUNCIL MINUTES March 30, 1977 Page three that he would be opposed to reverting land that is already rezoned; that the City should remain flexible and be able to rule either way. He stated that the Bon Marche would like to have 15 acres but there just isn't enough property left for development. He stated further that he would like to refer the letter to the Planning Commission with his comments. Motion by Commissioner Stewart and Mayor Jarstad to refer letter to Planning Commission, carried. LEASE - CITY OF BREMERTON AND KITSAP COMMUNITY COUNSELING SERVICE Dr. Marrs returned the lease and stated that it was satisfactory. Commissioner Stewart stated that the City has certainly made the commitments to KCCB; that this is a very valuable piece of property and now there is just that much less property that will be available for commercial use. Motion by Commissioner Stewart and Mayor Jarstad to approve lease and authorize mayor' and city clerk to sign for the City, carried. Dr. Marrs thanked the City Council for supporting the KCCS in this program. He took the original lease with him for signatures and he will return it to the City Clerk. Meeting recessed from 9:58 A.M. until 10:10 A.M. Mr. Andy Olsen, Asst. City Attorney, entered the meeting. CAPITAL IMPROVEMENTS BONDS Motion by Mayor Jarstad and Commissioner Stewart that the previous motion is conditioned upon the understanding that the motion of appeal will have no effect upon the validity of presenting and passage of this ordinance on May 17, carried. BOND LEVY - CITIZEN COMMENTS Andrew Pendergast, Parks & Recreation Superintendent, stated there was a delega- tion at the City Council today: Park Board Chairman, Morrie Dawkins; Bill Murdach; Mrs. David Moore; and John McConnell, President of the Bremerton Round Table. Mr. Pendergast urged the City Council to resubmit the bond levy to a vote in May; that it had been originally passed by a good majority and it is really needed; that the City has acquired over 150 acres of very fine park land and about 3/4 of a mile of waterfront land. The problem is lack of money to develop and the City does not have the tax base for funding parks as in other areas of the state. He stated the 21/2 million dollars could obtain as much as 5 or 7 million in improvements depending on sources of financing. Max Meigs, Chief of Bremerton F'ire Dept., stated that the Fire Station and retocating of the #3 Fire Station is needed; that the station was built about 35 years ago and he hoped the poop]e will be just as responsive and afffirmative in another election and he asked the City Council to go For a vote of the bond issue. Mayor Jarstad stated that the proposed new bond ordinance will split the capital improvements into three items. He asked the attorney if funding was received for part of the improvements, could that part be withdrawn from the election? Mr. Ryan stated technically but not practically and the Mayor and Commissioner Stewart stated they believed the people would vote no if the City got certain Funding. Motion by Mayor Jarstad that the proposition be resubmitted to the voters on May 17. Under discussion: Mayor Jarstad stated the propostion would be com- posed of Lhree issues and there will be a second proposition for each of the issues to clarify what the City may do with the funds if additional funds become available. Motion was not seconded at this time, but the City Council went into recess at 10:22 A.M. Meeting recessed from 10:22 A.M. until 10:36 A.M. -3- TAPE #101 ($) 2476 TAPE #101 (B) 2560 CITY COUNCIL MINUTES March 30, 1977 Page four BOND LEVY Mayor Jarstad stated that after discussing some of the possible problems that still have to looked into so that the City knows that it is working within the ordinances of the City of Bremerton, it would be in the best interest of the Council to recess the meeting until Friday morning at 9:00 A.M. Motion by Mayor Jarstad and Commissioner Stewart to recess City Council Meeting until 9:00 A.M. Friday morning and take care of the bond proposal at that time, carried. RESOLUTION NO. 1715 - INITIATIVE AMENDING 0RDIN/LNCE N0. 1792 Clerk read, "A RESOLUTION of the City of Bremerton, Washington, providing for the submission to the qualified electors of the City at a special election to be held on May 17, 1977, of an initiative amending City of Bremerton Ordinance 1792, the City Zoning Ordinance, as amended by Ordinance 3210 and declaring an emergency". Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1713, carried as follows: Mayor' Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Absent. Mr. William Amo thanked the Council for allowing this to go on the ballot. HEARINGS - American Marine Bank Annexation a Bremerton Gardens Rezone Motion by Mayor Jarstad and Commissioner Stewart to hold American Marine Bank Annexation hearing and Bremerton Gardens Rezone Hearing at this time, in that order, carried. AMERICAN MARINE BANK ANNEXATION HEARING Clerk stated that he had posted the property and advertised the hearing as required by law; that one hearing will be held today and one will be held on May 4. Clerk then stated that he had received no correspondence. He read Planning Commission Minutes of March 15, 1977. Ken Attebery, Planning Director, discussed the site using a map, explained the land area proposed for annexation, discussed the existing comprehensive plan which does not clearly indicate that this property is urban commercial type of land use; therefore, it would not be appropriate in the opinion of the attorney's office, and the Planning Dept. concurs, to annex under the 1966 comprehensive plan. In 1975 the View Ridge Community developed a land use plan for their community which came before the Planning Commission and was accepted by the Planning Commission and forwarded to the City Council for their consideration. That plan indicates that Perry Ave. Mall is all urban commercial and the Planning Commission and staff recommendation is to make the land to be annexed urban commercial. The zoning which would best fulfill that plan would be Bremerton B-3. The Perry Avenue Mail is now B-3 and a portion in the county at Sheridan and.Perry Avenues. The bank property is business in the county and the City cannot annex as B-3 unless so indicated on the comprehensive plan. He recommended that the Council take any testimony from the public and continue the hearing to the May 4th date. There was no citizen input. Motion by Mayor Jarstad and Commissioner Stewart that this portion of the hearing be closed and the matter be heard again on May 4, 1977, carried. BOND LEVY Mayor Jarstad stated that he had received word that Commissioner Schoneman would be back at 11:00 A.M. Friday and he would like to reconvene the Council Meeting at that time instead of 9:00 A.M. Motion by Mayor Jarstad and Commissioner Stewart to amend motion to recess City Council Meeting until 11:00 A.M. Friday, carried. BREMERTON GARDENS REZONE HEARING Clerk stated that he had advertised, posted and mailed letters as required by law. Clerk read Resolution No. 398 recommending denial for a change of zoning from R-1 to R-2 and Planning Commission Minutes of Feb. 15, 1977. Clerk then read letter from William Kamps, Attorney, requesting that the hearing be con- tinued to April 27, 1977. He read letters in opposition to the rezone from Mary Evelyn Buell, Al Carman Keil, and James Kilduff, President of Manette Peninsula Neighborhood Association and letters favoring the rezone from Mr. & Mrs. Arthur Holden and Mr. & Mrs. Edmond Esser. Clerk stated that 47 ballots -4- CITY COUNCIL MINUTES March 30, 1977 Page five had been sent and only 15 were returned, 8 in agreement and 5 in disagreement and 2 neutral. Commissioner Stewart discussed the ballots and stated as far as neighborhood opposition, they were more in favor of the rezone than against it. Mr. Attebery discussed the history of why the Planning Commission initiated the rezone. He used a map and discussed the area. He stated it was initiated because of an historical oversight. He described the layout of the Bremerton Gardens structures. He stated they wished to build a 4-plex in addition to correcting the hysterical error and it would be on a lot where there are now 25 to 30 parking stalls. This would eliminate one-half of these stalls and the zoning ordinance requires that parking be compensated somewhere else on the site; that they have set out parking on Parkside Dr. and some perpendicular parking which could interfere with the development of East 16th St. in the future. Mr. Attebery stated that parking on Parkside Dr. would interfere with pedestrians walking along there. Mayor Jarstad stated that parking is very important and the Council is not too much in favor of backing out into a street. Mr. Attebery stated there are about 20 garages and about 30 stalls and the rest of the parking is along Parkside Dr. The description of parking may not be that much interrupted. PROPONENTS: Robert Love, Attorney, stated he was acting for Attorney William Kamps who would like to have the hearing continued until April 27th. Commissioner Stewart stated this request was not fair to people who have come down for the hearing and he was opposed to holding it over; that he believed it is up to the petitioner to get an attorney who can represent them. Mayor Jarstad com- mented that Mr. Kamps is asking for a continuance, not taking testimony. OPPONENTS: Glenn Vockrodt, 1409 Marlowe, stated he was speaking for the Manette Peninsula Neighborhood Association. He spoke against increasing density by additional building and discussed the parking which he said is not adequate in the area of the proposed structure; that parking in another area is more than adequate but there is not access between the areas. He opposed parking on the end of East 16th St. and suggested that a viewpoint could be built in that area. He asked City Council to deny the request and keep the area as it is. Commissioner Stewart stated he thought the people in the neighborhood had their chance to oppose the improvement. He did not accept Mr. Vockrodt's views that the neighbor- hood was opposed because of the ballot returns. A lady who did not identify herself was present and stated she was a tenant and they need the parking. Con- cerning the request for continuance of the hearing, the following motion was made: Motion by Mayor Jarstad and Commissioner Stewart that the continuance be denied, carried. Mayor Jarstad commented that the important area of discussion is that which is concerning the required parking which has not been brought out to the satisfac- tion of the Planning Dept. or the Planning Commission. Attorney Andrew Olsen stated that Mr. Love should have the opportunity of rebuttal before a decision is made. Mr. Love stated that Bremerton Gardens has provided for additional parking; that the Planning Dept. has reviewed that and made some suggestions and the parking could be adequate for all of Bremerton Gardens concerned. tie stated that it is rather clear that most of the residents don't care and the R-1 zoning is inconsistent with the surrounding area. He stated that the Council should approve this fezone. Mr. Vockrodt stated that the parking was not adequate because people are parking on the street and this cannot be included. Motion by Commissioner Stewart and Mayor Jarstad to follow recommendation of Planning Commission and deny rezone, carried. BID OPENINGS - Submersible Pump & Concrete Sewer Pipe Cascade Machinery & Electric, inc., cashier's check for $50.00 enclosed, $7,484.00. -5- CITY COUNCIL MINUTES March 30, 1977 Page six Star Machinery, no bid. Byron ,Jackson Pump Division, cashier's check for $50.00 enclosed, $10,650.64. Western Utilities Supply Co., no bid. Stang Hydronics, Inc., check for $50.00 enclosed, bid incomplete. Concrete Sewer Pipe: Bremerton Concrete Products, cashier's check for $465.00 enclosed, $9,287.11. Lundberg, no bid. Associated Sand & Gravel Co., Inc., bid bond enclosed, $8,868.34. Renton Concrete Products, Inc., no bid deposit, did not conform to the call for bids. Motion by Commissioner Stewart and Mayor Jarstad to refer bids to proper committee for evaluation and award bids next week, carried. Meeting recessed from 11:55 A.M. until 2:05 P.M. City Council Meeting was reconvened at 2:05 P.M. with Mayor Jarstad presiding. Also present were Commissioner Stewart, City Clerk Yeadon, Asst. City Attorney Ryan and a representative of the press. PLACEMENT OF "RESIDENTIAL ONE DISTRICT INITIATIVE 1976" ON BALLOT Clerk presented memo from Andrew Olsen, dated March 28, 1977, in regard to a legal opinion on the initiative. Clerk stated that the letter is on file in the City Clerk's office for review. PAVING OF STREET BY NARROWS APARTMENTS Clerk stated that Street Superintendent had reported that the street area com- plained about at last week's Council meeting will be paved within two weeks. PARKING ON RUSSELL ROAD Clerk read memo from Capt. Stratton, Traffic Division, dated March 29, 1977, which stated that there is ample room for parking on both sides of the street; and that parking should not be curtailed unless future development occurs that would create a hazard. Motion by Mayor Jarstad and Commissioner Stewart to concur with Police Department and allow parking on both sides of Russell Rd., carried. CLARIFICATION OF WORK FORCE ACCOUNT - Sheridan Road Improvement Clerk presented memo from City Engineer, dated March 29, 1977, which stated that the minutes of March 25, 1977 reflect that the total estimated cost for Sheridan RH. improvement from McClain to Wheaton Way is $116,705.00, of which so many dollars has been approved to be done by City forces and the balance to be done by private contract through call for bids. This is a follow-up to report made in the minutes of March 9, 1977 and March 23, 1977. ANNUAL REPORT OF FINANCIAL TRANSACTIONS FOR CALENDAR YEAR 1976 Clerk read letter from City Treasurer, dated March 30, 1977, which stated that he submitted the Annual Report of financial Transactions of the City for the calendar year 1976; that the report as submitted correctly reflects the Finan- cial operations of the City during 1976 and is in compliance with all reporting requirements. It asked for approval of the report along with authorizatien to forward copies to the Division of Municipal Corporations. Motion by Commissioner Stewart and Mayor Jarstad to approve Annual Report and authorize forwarding coplcs to the Division of Municipal Corporations, carried. NEGOTIATIONS TO REVISE WATER & SEWER RATES FOR NAVY Clerk read letter from Dept. of Navy, dated March 21, 1977, which stated that to start negotiations now would be premature; that the City should submit cost data for at least nine months, commencing Feb. 1977, of the actual costs under the new rates. Commissioner Stewart stated that a letter should be sent to the Navy telling them that negotiations should be started now; that they are receiving lower rates than any other customers and for this reason negotiations should begin -6- CITY COUNCIL MINUTES March 50, 1977 Page seven immediately because another increase can be expected in January 1978 and they should be on guard for it. After lengthy discussion, Commissioner Stewart stated that he would write the letter and send a copy of it to President Carter. SAFETY MEETING CONFIRMATION Clerk read letter from Great American Insurance Co., dated March 28, 1977, which stated that the Safety Committee held their meeting on March l7th; the Police and Fire Deptartments have completed the Defensive Driving Course and it is expected that other department employees will be scheduled for this training. This letter is on file in the City Clerk's office for review. RESOLUTION N0. 1714 - PINE ROAD INTERCEPTOR PROJECT Clerk read, "A RESOLUTION authorizing the filing of a joint application with the Environmental Protection Agency of the United States of America, and the State of Washington, for a Construction Grant under the Federal Water Pollution Control Act or 1972, as amended, to aid in the financing of the proposed Pine Road Interceptor Project". Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1714, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Absent. ORDINANCE N0. 3356 - BERGQUIST/WHITNEY REZONE Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. i792 (BERGOUIST/WHITNEY)". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3356, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Absent. ORDINANCE NO. 3357 - CLIARE'S MARSH Clerk read, second reading, "AN ORDINANCE AND RESOLUTION adopting a comprehensive land use plan and zoning plan for certain real property reasonably expected to be annexed to the City of Bremerton at a future time, such planning and zoning to become effective upon annexation and, in part, amending the use and area maps according No. 1792 (CLARE'S MARSH)". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3357, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Absent. BILLS Motien by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 6290 to 6291 and 6293 to 6364 inclusive in the amount of $116,778.53, audited by John R. Ross, carried. COMMISSIONERS' REPORTS Commissioner Stewart: Dr. Maxwell Morris of Jensen Water District has contacted him and would like to have the City take over the billing; that the City can make a slight profit and do it for about half of what it is costing them now. They have written a letter to the City concerning this and they are going to send a letter to their customers notifying them that the City will do this and what the rates will be. Commissioner Stewart stated the City will read the meters and do the billing and gave the charges to the district. The City is not interested in taking over their system because it is substandard; however, through the savings they make on the City doing the billing and meter reading, they may be able to upgrade their mains and then perhaps they could join the City system. Motion by Commissioner Stewart and Mayor Jarstad to enter into a contract with Jensen Water District to read their meters and do the billing for them, carried. Mayor Jarstad: 1. He and Commissioner Stewart had an opportunity to meet with the Japanese wrestling team here on a cultural exchange. 2. Concerning an auditorium which is being discussed by the County Commissioners in connection with the financing of the auditorium, the City has shown an interest in such a building by having a similar issue on the ballot previously; that there is a need for an auditorium, but the City had felt that there should be a larger geographical area involved in its construction inasmuch as an auditorium draws -7- CITY COUNCIL MINUTES March 3O, 1977 Page eight from a larger area than the City of Bremerton and there should be a combination of City and County and a vehicle should be established for working toward such a building project. He commented that Commissioner Stewart had petitioned for receiving money out of the state sales tax for an auditorium and money has been received. Mayor Jarstad stated there have been meetings held on the subject of an auditorium and the City has told the County Commissioners that it would be willing to bring in City resources to see if the building can be constructed. City Council should appoint three members to a joint group and names have been submitted to the commissioners. Commissioner Stewart has looked at those names. The names would be: Dr. Norman Richardson, Mr. Dietz of Olympic College, and Mr. Robert Montgomery, who was active in the building of the Community Theater. These three persons would represent the City and would keep the City Council aware of proceedings of the full board and they would bring back recommendations to the City Council. Commissioner Stewart stated this would be a technical review committee. Motion by Mayor Jarstad and Commissioner Stewart that these names be submitted as contributing members to represent the City of Bremerton to serve on the Technical Review Committee. Under discussion: Commissioner Stewart stated that the City has $51,000.00 on hand from receipts from the state sales tax gathered within the last two or three years and the City is getting about $2,000.00 per month. The money can only be used for something that will generate hotel and motel business in the City. Commissioner Stewart also suggested that Dr. Richardson could chair the committee. Motion carried. Meeting recessed from 2:35 P.M. until 11:00 A.M. Friday. Recessed City Council Meeting was reconvened Friday, April 1, 1977, at 11:00 A.M., PST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney McCluskey, and representatives from the press and radio. Mayor Jarstad explained to Commissioner Schoncman the reasons for recessing the City Council Meeting until today; that the ordinance had to be approved today and a certified copy delivered to the court house by today. Commissioner Schoneman asked why it had to be on the ballot May 17th and Mayor Jarstad replied that the legislature prefixes what dates ballots can be run and according to the law that is on the books, May 17 is the designated day for this to be on the ballot. Commissioner Schoneman stated that he felt this time of year is a very bad time to attempt to pass this levy because of income tax being due and also property tax. Mayor Jarstad stated that the funding projects have deadlines to make application and if the voters do give the go-ahead, the City can submit grant applications and not have to wait until Sept. or Nov. He stated that in the coming weeks, they will have to get all the information to the citizens and work hard to get out the vote. Commissioner Schoneman asked why Commissioner Stewart and Mayor Jarstad both want to appeal the decision of the judge when the City Attorney's office has advised against it. Mayor Jarstad answered that they did not want to completely close the door on the possibility of having this decision overturned; that he just wanted to leave that door open for further consultation and study. He stated further that the appeal can be withdrawn at any time. Commissioner Stewart stated that the mayor brought out some points that he agreed with; that judges reverse themselves all the time; and that the people did vote over 60% in favor of it before and rather than close the door, he would like to keep it open awhile. Mr. McCluskey stated that it was his recommendation not to appeal because it will take at least 18 months to hear it. Commissioner Stewart stated he would like to have an estimate on how much the appeal will cost. Commissioner Schoneman stated that the only question he had remaining was who was responsible for putting the original one together and why wasn't the mistake caught before it went to the polls. Mr. McCluskey stated that it was put together through a joint effort of the City Attorney's office and Bond Counsel from Seattle; but not the same bond counsel as the one who raised the question. He stated that perhaps the question would never have been raised if the City had used the same bond counsel. Mr. Gay told the City Attorney's office that he wasn't all that clear on it himself, but he would like to have an opinion on it before he approved the bonds. The bond counsel would have been financially -8- CITY COUNCIL MINUTES March 3O, 1977 Page nine liable if the bonds were sold and someone raised this question. Commissioner Stewart stated that in the Future, the Bond Counsel should draw up all the ordinances because they are guaranteeing the bonds when they are sold. Mr. McCluskey agreed with this. Mayor Jarstad discussed further his thinking on this issue of the court case and mentioned one thing he felt was in favor of the former ballot and that is that now there is a cross-use of employees in various areas of work, such as: cemetery sexton be used as a building facilities foreman. ORDINANCE NO. 3358 - 1977 CAPITAL IMPROVEMENTS ELECTION On request of the Mayor, Asst. City Attorney McCluskey discussed the ballot titles relative to six items and gave a brief outline of the provisions. Motion by Commissioner Stewart and Mayor jarstad to pass Ordinance No. 3358 on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. Mayor Jarstad stated he had asked City Attorney's office to give some considera- tion on the possibility of putting some type cf amending ordinance together that would automatically rescind the original bonding ordinance in the light of the possibility of receiving any funds to construct one of those three items on the present ballot issue. That may be necessary to clear the questions in some people's minds on what happens if the bond issue is passed and the City has an appeal going on. Mr. McCluskey answered that his office had approached the bond counsel on this matlet and they saw no problem; and taking out the repealer language and putting it in later on. The City could at any time submit an ordinance repealing the prior ordinance and could repeal those areas if Funded from outside Funds. His office will be getting together with the bond attorneys on that ordinance. Mayor Jarstad commented the City will automatically drop its appeal if money is available to build. BID AWARDS - Concrete Sewer Pipe & Submersible Pump Concrete Sewer Pipe: Clerk read memo from City Engineer, dated March 50, 1977, which recommended bid be awarded to low bidder, Associated Sand & Gravel. The low bid was $8,458.00. Motion by Commissioners Schoneman and Stewart to follow recommendation of City Engineer and award bid to Associated Sand & Gravel, carried unanimously. Submersible Pump: Clerk read memo from Water Superintendent, dated April 1, 1977, which stated that the only bid that met advertised specifications was Byron Jackson for $10,630.64 and recommended awarding bid to them. Motion by Commissioners Schoneman and Stewart to follow recommendation of Water Superintendent and award bid to Byron Jackson, carried unanimously. AGREEMENT - CITY OF BREMERTON & BREMERTON CHIEF KITSAP LIONS CLUB Clerk presented an agreement giving the Bremerton Chief Kitsap Lions Club the right to place, construct, and maintain benches with advertising on them on the streets and sidewalks of the City of Bremerton. Motion by Commissioner Schoneman Schoneman and Stewart to approve agreement and authorize mayor and city clerk to sign for the City. Under discussion: Commissioner Stewart stated the City does have the benches which have been deeded to the City and they are in disrepair. The Lions Club has been willing to do this and the benches will look better than they do now. Commissioner Schoneman discussed an ordinance that had been in effect in 1971 dealing with the location of the benches and believed the ordinance was still in effect. He stated he was concerned about the location of the benches; that in the past benches have been placed in areas where there was no permission granted, some of it involved private property and some of the advertising was poorly placed in certain business locations. Also, he would like to limit the number of benches; otherwise, would have advertising on benches all over the City. Commissioner Stewart stated he felt he would rather have this way of keeping the benches and he did not think the club should get tied down that much. He stated that if they don't follow good practices, the City could cancel the -9- CITY COUNCIL MINUTES March 30, 1977 Page ten agreement. Mayor Jarstad stated he could see the validity of having the locations checked by the Police Department so some will be placed at bus stops. Commissioner Stewart reiterated that he would like to operate on the agreement and that it not be made unwieldy so no one wants to take care of the benches and if not satisfied, the agreement can be changed. Motion carried unanimously. CHARGING FOR USE OF COUNCIL CHAMBERS Clerk read memo From Asst. City Attorney Jim Sells, dated March 25, 1977, which stated that he saw no reason why the City cannot charge non-City groups for use of the Council Chambers, or any other City facilities. Motion by Commissioner Stewart to set up contract and charge for use of the Council Chambers. Motion died for lack of a second. VEHICLE WEIGHT TAX Commissioner Schoneman stated that when he was in the Hawaiian Islands, he lcarned that in order to raise money For street improvements, a bill has passed the House and is going to the Senate wherein they would have a weight tax. At this time, the county charges 75¢ fer 1OO lbs. of weight of the vehicle. The state requires additional Funding and has this bill that would also charge 45¢ for 1OO lbs. oF weight. They will receive considerable amount oF money from this weight tax. Meeting adjourned at 11:50 A.M. Approvcd: G. C. Yeadon, Sr., City Clerk Glenn K. Jarstad, Mayor -10-