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HomeMy WebLinkAbout01/05/77 CITY COUNCIL MINUTES January 5, 1977 Regular meeting of the City Council of the City of Brementon, Washington, was held in the City Council Chambers, City Hall, 259 Fourth Street, on Wednesday, .January 5, 1977, at 9:05 A.M., PST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Assistant City Attorney MeCluskey, and members of the press and radio. Meeting was opened with the Pledge of Allegiance and innvocation was given by City Clerk Yeadon. MINUTES OF DECEMBER 29, 1976 Clerk read minutes of Dec. 29, 1976. Mayor Jarstad ordered the minutes to stand approved as read. SEPARATIONS Clareen L. Bansen, Police Dept., Extra-help, effective 12/23/76; Erank K. Chase, Parks & Recreation, Part-time Playleader, effective 9/20/76; Toby Lee Mosher, Parks & Recreation, Extra Labor, effective 12/20/76; Joe W. Broaddus, Wastewater Dept., Operator I, effective 12/31/76; and Sandra K. Peters, Accounting Dept., Extra Help, effective 12/13/76. Motion by Commissioners Schoneman and Stewart to approve Separations, carried unanimously. NOTICES OF EMPLOYMENT John H. Bates, Jr., Building Dept., Inspecton, $7.33 per hr., effective 1/3/77; Clareen L. Nansen, Police Dept., Office Asst. I, $3.32 per hr., effective 12/27/76; Michael Terry Allen, Parks a Recreation, Part-Time Playleader, $2.50 per hr., effective 1/8/77; Prank K. Chase, Parks & Recreation, Part-Time Playleader, $2.50 per hr., effective 1/8/77; and Toby Lee Mosher, Parks & Recreation, Extra Labor, $2.50 per hr., effective 1/8/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Notices of Employ- ment, carried unanimously. CMANGE OF PAY STATUS Mable L. Marshall, Municipal Court, Extra-help, $3.00 to $3.25 per hr., effective 1/10/77. Motion by Commissioners Schoneman and Stewart to approve the Change of Pay Status, carried unanimously. VACATION CARRY0VER REQUEST Clerk read memo from Fire Chief, dated Dec. 28, 1976, which stated that it. James C. Wilson has accrued 48.60 days annual leave due to a surgical disability; that he had planned to take annual leave in Dec. but was unable to because of this surgery and requested that he be allowed to carry over the total 48.60 days accrued. City Clerk also requested that. Ray Otis be allowed to carry over 15 days of accrued annual leave due to his not being able to take his annual leave in Dec. Motion by Commissioner Stewart and Mayor Jarstad to allow James C. Wilson to retain 48.60 days annual leave and Ray Otis to retain 15 days annual leave, carried unanimously. MUSIC MACHINE LICENSE APPLICATION Clerk presented an application from the Pub Tavern for a Music Machine License, approved by Chief of Police. Motion by Commissioner Stewart and Mayor Jarstad to approve license application, carried unanimously. SAUNA PARLOR APPLICATION RENEWALS Clerk presented applications for Sauna Parlor renewals from Kum S. Hobbs, Ear East Sauna; Tu Nam Gallegos, Pearl Sauna; and Ok Yon Barthel, International Sauna, all approved by the Chief of Police. Motion by Commissioner Stewart and Mayor Jarstad to approve Sauna Parlor renewal applications, carried unanimously. CITY COUNCIL MINUTES January 5, 1977 Page two ARROW CAB CO. REQUEST EOR LICENSE FOR A SPARE TAXICAB Clerk read letter From Arrow Cab Co., dated Dec. 29, 1976, which stated that they would like to have a spare taxicab license made available; that they would like to have a spare taxicab ready f'or operation and be able to put it into operation without having to pay the normal $5.00 transfer fee; that this cab would mainly be used in the event of a major mechanical breakdown or an accident. It Further stated that they have three city cab licenses and it is vital for' them to be able to keep three cars on the road; that they have enough business to warrant four cabs. After discussion, it was decided to refer the matter to Assistant City Attorney McCluskey for review, and he stated that he would study it and give his opinion a little later this morning. FALSE ARREST LIABILITY - DONALD TIVEY Clerk read letter From Rosemurgy & Co., Inc., dated Dec. 28, 1976, which stated that the claim of Donald Tivey against the City of Brcmerton for False arrest had been thoroughly investigated, and it was the insurance company's opinion that this claim was without merit and should be denied. it further requested that the City deny this claim directly to the claimant and send a carbon copy to their office. Motion by Commissioners Stewart and Schoneman to deny the claim and direct the City Clerk to send a letter to Donald Tivey advising him of this action, carried unanimously. THIRD TRANSMiSSiON LINE FUNDING Clerk read memo from City Auditor, dated Jan. 4, 1977, which stated that the total billing for the construction of the third transmission line has been received and there is a deficit of $17,954.21 in excess of the Federal Grant; and requested that this amount be transferred f'pom the Cumulative Reserve for Water System Improvement Fund to the Third Transmission Line Fund. Motion by Commissioncps Stewart and Schoneman to transfer $17,954.21 as requested, carried unanimously. AMBULANCE SUBSIDY PAYMENT FOR DECEMBER 1976 Clerk read memo from City Auditor, dated Jan. 4, 1977, which stated that there were 5 False alarms and 39 "no transport" trips during Dec., and which enclosed a claim for' $1,440.00 For ambulance subsidy payment for Dec. Motion by Commissioner Stewart and Mayor Janstad to approve payment, as audited by John R. Ross, carried unanimously. PURCHASE OF 1977 SEDAN Clerk read memo From Water Superintendent, dated Jan. 4, 1977, which stated that the Water Dept. is in need of replacement of the 1968 Impala Chevrolet Sedan; that there are monies budgeted for a new car; and recommended that the City Council call for bids to purchase a new 1977 standard size, Four door sedan, with an optional trade-in 1968 Impala Chevrolet. City Clerk objected to the trade-in being optional because this makes it difficult for a dealer to give an accurate price and it was decided to let the City Clerk decide whether to use a trade-in or not. Motion by Commissioners Schoneman and Stewart to call for bids for a 1977 standard size, four door sedan, carried unanimously. TRACYTON RESERVOIR #16 Clerk read memo From Water Superintendent, dated ,Jan. 3, 1977, which stated that the 12" Cla-Valve, pipe and other fittings required to connect the reservoir to the transmission main have been installed; that a drain pipe line was installed and valve vault was built, along with some cleanup, etc.; that the cost to date is $7,227.16, It further stated that this job was not advertised due to the complexity of installing the various control valves and small items, which would have been almost impossible to estimate. It recommended that City Council advertise final costs as soon as they are available. Motion by Commissioners Schoneman and Stewart to advertise final costs as soon as they are available, carried unanimously. CITY COUNCIL MINUTES January 5, 1977 Page three NOTICE OF SHORELINES HEARINGS BOARD RE: RICHARD W. PERSON Clerk read notice of Shorelines Hearings Board, dated Dec. 28, 1976, which stated that the hearing regarding Richard W. Person will be held on Thursday, March 10, and Friday, March 11, 1977, at 10:00 A.M. in the Council Chambers of City Hall. TRAFFIC SUGGESTIONS Clerk presented suggestions from Mr. Clarence Dahlke of Port Orchard concerning Riddell and Wheaton Way intersection which are: (1) Sign ]eft turn only, for traffic going west; and (2) Sign left turn only from center lane from Riddell going south so cars don't tend to pile up and rear end. City Clerk stated that Mr. Dahlke meant these to be only temporary measures until the work is done on this intersection. Commissioner Schoneman stated that whole :intersection will soon be revamped and Mr. Dahlke should be so notified. ARROW CAB C0. REQUEST FOR LICENSE FOR A SPARE TAXICAB Asst. City Attorney McCluskey stated that he had an opinion on the Arrow Cab Co. request; that in order to issue an additional full-time license to the Arrow Cab Co., a public hearing would have to be held to determine the need for additional licenses or an additional taxicab; that Arrow Cab Co. would bc required to pay an additional $100.00 fee where a temporary license would only cost $5.00. He also stated that City Council cannot issue four licenses and then be sure only three were operating. After some discussion, it was decided to deny Arrow Cab Co. an additional taxicab license, but to advise him that he could apply for a hearing before the City Council. Motion by Commissioner Schoneman and Mayor Jarstad to deny the request from the Arrow Cab Co., carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Schoneman, Yes. LETTER FROM GEORGE B. DAVIES RE: THEFT OF WHEELS FROM PARKING GARAGE Clerk read letter from George B. Davies, 1341 Warren Ave., which stated that his niece, Karen Masters, parked her VW in the City Garage Dec. 30, 1976, and when she returned about 4:00 P.M., the two front wheels and tires were gone, along with the lugs to bolt on the wheels; that she notified the police but so far no one has been apprehended; that they replaced the wheels on Sunday, Jan. 2, 1977 and worked in the Garage for 3 hours and in that time not one patrol was made through the Garage. John McConnell and Elmer King participated in discussion with Commissioner Stewart and Mayor Jarstad concerning patrols and surveillance in the Garage and Mayor Jarstad stated he would take the matter up with the Police Dept. again. PUBLIC RECOGNITION BUS PASSES Mr. Owen Loftus, Director of Kitsap County Council on Aging, recommended that bus passes be sold at $3.O0 per month beginning at age 62 and some recognition be given of disabled persons in bus passes, regardless of their age. Commissioner Stewart discussed the research he has made in contacting other cities and stated the rules for bus passes must be set by the City Council. He further stated that his recommendation to the Council would be that both groups should be served and he was not set on age 62 or 65; however, he had no objection to age 62 and the handicapped should be determined by himself as to who would be eligible; also there is a van available with a driver from 9:30 to 1:30 every day at 20¢ per mile, said van having a wheelchair lift. The van is operated by Olympic Enterprises. Commissioner Stewart recommended that the van be used For people who need a wheelchair lift and use it on a trial basis to see how busy it is. This would be for anyone who is handicapped and cannot go any other way. He would like to have the handicapped passes stamped as such so they can be renewed without delay, and be would like to provide the handicapped passes out of the Treasurer's office. Motion by Mayor Jarstad and Commissioner Schoneman to set a figure of 62 for eligibility for senior citizen passes and also look ahead to provide for handi- capped and the procedure be adopted at a later date when City Council gets more information. -5- CITY COUNCIL MINUTES January 5, 1977 Page Four Motion by Commissioner Stewart to provide service for those persons who are handicapped and not to get a doctor's certificate to get a pass; issue passes beginning at 62 years of age; provide a van to come on a one day a week basis to take care of handicapped, passes for handicapped to be determined by Commis- sioner Stewart or his designated representative. Before the motion was seconded, Mayor Jarstad stated he would like to have his motion passed and then get some background information about the handicapped and the van. Commissioner Stewart stated the van would be operated by Olympic Enterprises who would furnish the van and the driver. Commissioner Schoneman stated he agreed with the van setup and also the incapacitated getting a pass and he would like to second Mr. Stewart's motion. Further discussion was held regarding the motion by Mayor Jarstad who wished to enlarge his motion but stated he had no objections to the recommendations of Mr. Stewart; he wanted to establish some guidelines on how to handle passes and age limits. He agreed a wheelchair van is needed. Mayor Jarstad withdrew his motion and Commissioner Schoneman withdrew his second. Question was called on Commissioner Stewart's motion and it passed unanimously. Mayor Jarstad stated he had had calls about senior citizens' passes from people living in the County where the bus runs through. Commissioner Stewart opposed the proposition of furnishing bus passes to people living in the County inasmuch as the bus system is supported by the people living within the City. Some discussion of bus service and costs followed the motion. Meeting recessed from 10:37 A.M. till 10:45 A.M, TAPE #97 DETERMINATION RE: NINE DWELLING UNITS PER ACRE AS IT PERTAINS TO LANCE HAYNES (A) 2727 Following the hearings held by City Council on Dec. 8, 1976, the determination of the question of the nine dwelling units per acre as it pertains to Lance Haynes application for a building permit on Willow St. was brought up by the Mayor. City Clerk read a letter, dated Dec. 28, 1976, from Ernest H. Campbell, Municipal Law Specialist for the Municipal Research and Services Center of Washington which discussed in detail the 9 dwelling units per acre concept. Mr. McCluskey commented that the letter consists of a broad overview of the City's whole zoning ordinance, not just the 9 dwelling units per acre provision, also presented some other materials, such as the planned unit development concept on which the City was not seeking an opinion. He stated further that basically out of the 4 pages of the letter about 90% is superfluous to the decision the Council was asking for and they provided a lot of extra materials not in point in this quest]on at all. He stated the most appropriate is the last paragraph and thinks it complies with the opinion of the City Attorney's office given before. Mr. McCluskey stated also that although he did not attend the previous hearings concerning this question, it appears to him and it is his understanding that the Council is merely ruling on whether the Planning Commission in its decision on the appeal from Mr. Plescher's inter- pretation of the ordinance acted reasonably, unarbitrarily, and without capricioushess in that decision. Mr. McCluskey stated the Council was not here for a complete, new decision and merely ruling on the Planning Commission's ruling. As long as the Council feels from the evidence that the Planning Commission acted properly, he does not feel that there is any question about approving their action. If the Council thought they did not act properly or did not have enough evidence to act, then the City Council's decision should be to send it back to the Planning Commission for that action. Commissioner Stewart and Commissioner Schoneman stated they had no questions concerning what was just stated. Commissioner Stewart stated substantially that it was the City Council's intent when enacting Ordinance No. 3210 to allow 9 dwelling units per acre and the intent of the City Council was to do what Mr. Haynes has wanted to do; that Mr. Plescher had originally stated there would be more green belts under this method rather than load up an area with duplexes. The hearings -4- CITY COUNCIL MINUTES January 5, 1977 Page five were held on the ordinance and Mr. Drake spoke not against the 9 units per acre concept per se, but was concerned about the long, narrow lots on Marine Dr. where he would not want to have that concept; however, City Council over- ruled his testimony. Mr. Stewart stated he could not say that the Planning Commission operated capriciously; that it looked as if there were some hoses to be cleared up but the 9 dwelling units per acre concept was the City Council's intention at the time. Mr. McCluskey discussed the confusion that occurred among the people as to what is a lot and he explained that a house could be built in the center of two lots and that what is being talked about here is a lot area, not a single lot drawn upon a plot plan. Mr. McCluskey discussed the restrictive covenants and stated covenants were a matter between residents, the City is not a party to them and alleged violations would be handled as a civil matter between residents. Connmissjoner Stewart stated that in thinking about what took place and what Mr. McCluskey is saying here, that he did not see that the City Council has any choice but to approve the action taken. Mayor Jarstad stated hc had to be of the same opinion as Commissioner Stewart; that the matter came before the City Council on the legality of the actions and issuance of the permits, which was approved by the Planning Director and the Planning Commission. Hearings were held to see if the processes that had been gone through up to that point were proper and legal under the ordinances. He said he has appreciated the testimony of the residents in the area and as a result of their interest, the Council has put a moratorium on the issuance of any other permits until the ordinance can be looked into; that this is a decision on this particular issue and has to be based on the ordinance in effect. The legislative intent is a proper intent whether or not the people agree with that, it was the intent all the way through the hearings and public meetings; that there was an imfusion in that type of density in R-1 areas. It was a balancing factor between R-2 and R-l; it did not allow the high density of R-2. Motion by Mayor Jarstad and Commissioner Stewart that the decision of the Planning Commission was a proper decision under the ordinance in effect at that time, carried unanimously. COMMISSIONERS' REPORTS Commissioner Schoneman: 1. Reported on two water main breaks that happened on Monday. In each case about 15 homes were out of service; both were repaired. 2. Sanding for de-icing streets has a crew working nights. 3. Due to lack of rainfall, water dept. is pumping from Gorst Creek Pump Station and using these sites for City's water supply. Need to discontinue use of Casad Dam for lack of water. 4. Received letter' from District State Engineer approving Mr. Schoneman's proposed improvement in the signals at llth and Park and Winfield and East 18th St. These two problems will be taken care of through the Public Works. 5. Concerning a comment in an article in the Bremerton Sun in yesterday's paper, which stated he was being considered for a position of Highway Commissioner, for the public record he will accept if he is named. LIBRARY BOARD Mayor Jarstad stated he would like to reappoint Lillian Walker for continuation of her term for an additional year on the Library Board, that she wishes to serve for an additional time due to the process of building a new Regional Iibrary. Motion by Mayor Jarstad and Commissioner Stewart that Lillian Walker be allowed to continue for an additional year, carried unanimously. COMMISSIONERS' REPORTS (continued) City Attorney: Mr. McCluskey reported on the Capital Improvement Bond issue; that he had talked to Attorney Gay and the petition for the declatory judgment action is being prepared and it will be filed with the court as soon as it is received, then the attorneys will proceed according to the court schedule. CITY COUNCIL MINUTES January 5, 1977 Page six Mayor Jarstad: Gave a detailed report of the results of the binding arbitration with the Fire Dept.; complimented the arbitrator for his assistance; stated the arbitrator had approved 5.3% increase in basic salaries and dependent medi- cal and dental. The total package amounts to about 9%. The manning provision desired by the Firefightars' Union was ruled out of the arbitration because ]t was a new issue. The City Commissioners will probably meet today to see what the City should offer the Police Dept. and non-uniform employees. This can be a closed meeting, to which Mr. McCluskey agreed. WORK ~ADVERTISEMENT (KITSAP WAY) Clerk read memo from Water Superintendent, dated Dec. 29, 1976, which requested authorization for the Water Dept. to install 1,i50 ft. of 6" cast iron pipe and fittings on Kitsap Way from Lyle Ave. east toward Burchfield Dr.; that the estimated cost is $6,722.73. Motion by Commissioner Schoneman and Mayor Jarstad to authorize City Clerk to advertise, carried unanimously. COMMISSIONERS' REPORTS (continued) Mayor Jarstad: 1. Received a call from Capt. Nunneley. He had received the letter concerning Shipyard parking and they have an appointment at l:00 Friday. 2. Tomorrow he will give a talk on Disability Boards at AWC. The subregional group of the Puget Sound Council of Governments will meet in the morning and will run on into the afternoon to discuss public transit. BEAUTIFICATION OF ENTRANCE TO USS MISSOURI Clerk read letter from Capt. Nunneley, dated Dec. 28, 1976, which stated that the plan for beautificatjon of the entrance to the USS Missouri had been reviewed and the proposal is acceptable to the Navy provided certain conditions are acceptable to the City. Motion by Mayor Jarstad and Commissioner Stewart to refer the proposal to the Beautification Committee and send a letter to Capt. Nunnelley telling him that the City Council approves his recommendations, with a copy of said letter to be sent to Beautification Committee, carried unanimously. PETITION FOR REMOVAL OF FIR TREES/MR. ARMSTEAD Clerk presented petition submitted by Mr. Armstead and signed by 55 other residents which stated that they have no objection to the City cutting down two fir trees in the alley between No. Cambrian Ave. and No. Lafayette Ave. Commissioner Schoneman stated that he had sent a letter to Puget Power and asked them to remove these trees and when this was attempted, a neighbor chased them away. Commissioner Schoneman requested that the petition be turned over to him and he would take care of this matter. FARE BOX REVENUE Clerk read letter from Frank Randall, dated Dec. 50, 1976, which gave the fare box revenue from the regular city runs. ORDINANCES - PETIT LARCENY & SHOPLIFTING Clerk made report on two ordinances concerning whether jail sentences were essential. This report was made because of a discussion in a previous Council meeting concerning the high cost of public defender fees in connection with potential jail terms. Clerk stated that he had discussed this with the Municipal Court Commissioner and he stated the majorlty of the cases were first offenders; flrst offenders are usually given a deferred sentence and fined $50.00 and costs. Someone found guilty can be ordered to do public service work if the individual did not have sufficient funds to pay the fine and costs. If a person does not do this service, the judge can issue a bench warrant which does not require a public defender. 0iscussion was held on these points and it was the consensus of the Commissioners that this would suffice. Mr. McCluskey advised that the Police Dept. has the privilege to write up an offender under State Statutes -6- CITY COUNCIL MINUTES January 5, 1977 Page seven and have the prosecution by the County under' which statutes there is jail time, although the City Police prefer to have their cases prosecuted within Municipal Court but it could go to State Statutes if the Police think it warrants this direction. Motion by Commissioners Stewart and Schoneman that the jail term be removed to eliminate the public defender's fee, carried unanimously. Further discussion was held concerning removal of jail sentences from other City Ordinances. Mr. McCluskey advised Council that it would require a budgetary expense for hiring an attorney to go through the City Codes. Motion by Commissioner Stewart that the City Council hire an attorney to research the Codes after talking to the judge and probation officer and Chief of Police to see what is involved. This motion was not seconded, but Mayor Jarstad concurred that they should have the information before them and the attorney's office should have a conference with the parties mentioned and report back to the Council. Mayor Jarstad asked Mr. McCluskey to see what is proper for the City Council to do and also do an evaluation from a legal standpoint. Mr. McCluskey outlined at least six ordinances which should be left with the jail sentences as a part of the penalty. ORDINANCE NO. 3335 Clerk read, second reading, "AN ORDINANCE amending Ordinance 3027, Section I, concerning the crime of petit larceny and make jt a crime to aid or assist a person to commit petit larceny". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3335 on second reading, by title only, and eliminate the jail term, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3336 Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 2944, Section 1, relating to the crime of shoplifting AND making it a misdemeanor to aid or assist a person committing shoplifting". Motion by Commissioners Schoneman and Stewart to pass Ordinance No. 3336 on second reading, by title only, and eliminate the jail term, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. PROPOSED GRANT APPLICATION/UMTA Clerk read letter from Grants Administrator, dated Jan. 4, 1977, requesting that City Council set a hearing date and time for a public hearing on the Proposed Grant Application for the Urban Mass Transportation Administration. Motion by Commissioner Stewart and Mayor Jarstad to set hearing for Feb. 16, 1977 at 10:30 A.M., carried unanimously. REQUEST FOR AUTHORIZATION TO SUBMIT PRELIMINARY APPLICATION Clerk read letter from Grants Administrator, dated Jan. 4, 1977, requesting authorization to permit the Office of Grants Administration to submit a pre- liminary application for Community Development Discretionary Block Grants Fund with the Dept. of Housing and Urban Development and also requesting that City Council approve and sign a resolution which would permit the City of Bremerton to file said application. RESOLUTION N0. 1700 Clerk read Resolution No. 1700, "RESOLUTION authorizing the filing of a pre- application with the Department of Housing and Urban Development, United States of America, for a Non-Metropolitan Discretionary Grant under the Housing and Cormunity Development Act of 1974, Title I". Motion by Mayor Jarstad and Commissioner Stewart to pass Resolution No. 17O0, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. -7- CITY COUNCIL MINUTES January 5, 1977 Page eight BILLS Motion by Commissioner Schoneman and Mayor Jarstad to give blanket approval to vouchers 5194 to 5257 inclusive in the amount of $78,836.47 and to vouchers 5258 to 5291 inclusive in the amount of $34,916.08, audited by John R. Ross, carried. Commissioner Stewart abstained due to a possible interest. Meeting adjourned at 12:07 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -8-