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HomeMy WebLinkAbout05/04/77 CITY COUNCIL MINUTES MAY 4, 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, May 4, 1977 at 9:00 A.M., PDST, with Commissioner Stewart presiding. Also present were Commissioner Sehoneman, City Clerk Yeadon, Asst. City Attorney Ryan, and representatives of the press and radio. Mayor Jarstad was absent, in San Antonio, Texas, attending the National Meeting of PSCOG. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Bob Peters of the Emmanuel Lutheran Church. MINUTES OF APRIL 27, 1977 Clerk read minutes of April 27, 1977. Commissioner Stewart ordered the minutes to stand approved as amended. SEPARATIONS Richard T. Irvin, Fire Dept., Retirement, 4/29/77. Tom Kelsey, Cemetery Dept., Extra Help, Resigned, 5/2/77. Motion by Commissioners Stewart and Schoneman to approve separations, carried. NOTICES OF EMPLOYMENTS David Dwight Lake, Cemetery Dept., Extra Help, $2.50 per hr., 5/2/77. CyrLl H. Fitchard, Parking System Revenue Dept., Extra Help, $5.00 per hr., 5/5/77. Motion by Commissioners Stewart and Schoneman to approve notices of employments, carried. CHANGE OF PAY STATUS Steven C. Devery, Police Dept., Police Chief, $1,861.05 + 49.98 longevity per mo., 5/1/77. Motion by Commissioners Stewart and Schoneman to approve change of pay status, carried. TAXICAB DRIVERS' LICENSE APPLICATIONS Kathryn Jo DeZarn and Ronald L. Kabelac, both approved by Capt;. Devery for the Chief of Police. Motion by Commissioners Stewart and Schoneman to approve applications for taxicab drivers' licenses, carried. OBSOLETE WAYNE SWEEPER PARTS Clerk read memo from City Garage, dated April 3, 1977, which requested that a list of WAYNE sweeper parts be declared surplus and sold to Port Orchard at inventory price. Motion by Commissioners Schoneman and Stewart to declare WAYNE sweeper parts surplus and sell to Port Orchard at inventory price, providing City Attorney gives approval, carried. BULLARD BROWNSVILLE WELL LEASE AGREEMENT Clerk reported that the Bu]]ard Brownsville Well Lease Agreement expires May 20, 1977. Motion by Commissioners Schoneman and Stewart to approve continuation of the lease and refer to City Attorney's office to prepare a new lease, carried. CORRECTED AGREEMENT WITH SAN-COMP CORP. Clerk read memo from City Clerk, dated April 29, 1977, which stated the lease which was executed Oct. 27, 1976 did not have the new requirement for the leasehold tax of $12.00 per me., a termination date or length of agreement; that a new agreement had been drawn by the City Attorney's office with these requirements included and recommended the City Council approve the new agreement and authorize the mayor and city clerk to sign. Motion by Commissioners Schoneman and Stewart to approve new agreement and authorize mayor and city clerk to sign for the City, carried. CITY COUNCiL MINUTES May 4, 1977 Page two' BAXTER WYCOFF MEMORIAL LICENSE Clerk read letter from PSNS, dated April 27, 1977, which stated that the Baxter Wycof'f Memorial License expires June 30, 1977. Motion by Commissioners Schoneman and Stewart to renew Baxter Wycoff Memorial License, carried. WATER/SEWER RATES WITH NAVY Clerk read letter from Western Division of Naval Facilities Engineering Command in San Bruno, CA, dated April 27, 1977, which stated that they recommended the submittal of actual operational cost; data for at least a nine month period, beginning Feb. 197'7; that if an annual adjustment in rates is required, then the City should furnish its annual operation cost data after Dec. 31, for their review. Commissioner Stewart stated that he would 'take care of sending a letter and any figures they have requested. BAY AREA NEIGHBORHOOD MEETING Clerk reported that a meeting will be held at Crown Hill Elementary School, May ll, 1977 at 7:00 P.M., to discuss the final draft of the Bay Neighborhood Comprehensive Plan. RESOLUTION NO. 1723 - AMBULANCE COMMITTEE Clerk read Resolution No. 1723, "A RESOLUTION establishing a citizen's committee to investigate complaints concerning omeriency medical service". Motion by Commissioners Stewart and Schoneman to pass Resolution No. 1723, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3360 - EQUIPMENT RENTAL FUND Clerk read, second reading, "AN ORDINANCE amending Section 2 and Section 4 of Ordinance No. 3178 relating to the establishment of an Equipment Rental Fund, prescribing the use of said fund, the purchase, repair, maintenance and operation of City owned equipment.. Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3360, by title only. (Under discussion: Commissioner Stewart stated that he felt this should be on a mileage basis rather than an hourly basis and this should be changed so it is charged by the mile instead of by the hour. City Clerk stated it will be discussed with Mr. Ross. Motion carried as follows: Mayor Jarstad, absent Commissioner Stewart, yes; Commissioner Schoneman, Yes. EXTENSION OF SIDEWALK ON WHEATON WAY Clerk read letter from Eastwynd Residents Council, signed by Low Wells, dated April 26, 1977, to Mr. Schoneman which stated that the extension of the side- walk on Wheaten Way south of the property line has made it much easier and safer for the residents of Eastwynd to go to the shopping center and the bus stop and they all thanked Commissioner Schoneman. SLOPE EASEMENT - WHEATON WAY FIFTH LANING Clerk f'ead memo from City Engineer, dated May 2, 1977, which presented a slope easement from Ron Ross on his property on Wheaten Way for a three ft. slope easement. The memo stated further that Mr. Ross stated he would pay up to $50,000.00 toward cost; of above work outside of City limits. Motion by Commissioners Schoneman and Stewart to accept slope easement and refer to City Attorney's eli'ice for checking and recording. Under discession: Commissioner Schoneman stated Ron Ross was to be given a lot of credit for his willingness to participate in the fifth laning; that he has donated quite a lot of land for this project and now he is willing to pay $50,000.00 toward the cost of the work outside the city limits. Motion carried. WHEATON WAY - BROAD TO RIDDELL Clerk read memo f'rom City Engineer, dated May 2, 1977, which enclosed a copy of a letter and supporting documents which had been sent to the WSHD, with a set of plans 95% complete, requesting a plan-in-hand review. The memo requested perufission to advertise this project contingent upon WSHD approval. Motion by Commissioners Schoneman and Stewart to approve recommendation contin- gent upon WSND approval, carried. CiTY COUNCIL, MINUTES May 4, 1977 Page three BID AWARD - Curbs, Gutters and Sidewalks (Sheridan and Almira) Clerk read memo from City Engineer, dated April 28, 1977, which recommended awarding bid to low bidder, H&B Cement Finishing Co., Inc. at $61,014.50. Motion by Commissioners Schoneman and Stewart to award bid to H&B Cement Finishing Co. , inc. , carried. PARKING GARAGE - BID REJECTION Commissioncr Stewart stated that he would like to make a recommendation to reject all bids for the parking garage operation and call for bids again He stated the reason for this is that the City is dealing with two major concerns and he doesn't want to get into a fight over it. He stated be feels it would be better to start all ever again and expand the specifica- tions so there is no question what the City is asking for. Motion by Commissioners Stewart and Scboneman to reject bids, carried. Motion by Commissioners Stewart and Schoneman to call for bids again for the Parking Garage Operation with additional specifications that have been discussed. Motion carried. Motion by Commissioners Stewart and Schoneman to give blanket approval to vouchers 6'755 to 6844 inclusive in the amount of $79,985.84, audited by John Ross, carried. CITY CLERK'S REPORT Clerk announced he would not be seeking Reelection for the position of City Clerk this year. Stated he had already notified the Radio and press. Commissionep Schoneman stated be has always admired Mr. Yeadon's cooperation and abilities and he regrets his leaving; that the clerk has always given his office and employees consideration and cooperation. He stated the position of City Clerk will be very difficult to fill. Commissioner Stewart stated be has never found Mr. Yeadon procrastinating on an issue; that he always got things done and if it was something he himself was supposed to do, Mr. Yeadon always sent a memo to remind him. Commissioner Stewart stated he was yery gratef'ul for the work Mr. Yeadon has done. City Clerk Yeadon stated that he hated to leave, but the work with his church will take up most of his time. Asst. City Attorney Sexton entered the meeting and Mr. Ryan left. ASST. CITY ATTORNEY ' S REPORT Mr. Sexton discussed the lawsuit filed by Mercer Enterprises and Bruce Harlow against the three commissioners, city planner and the building inspector; stated he had accepted service and talked to their attorney and they have agreed to withdraw the names of the five individuals from the lawsuit so the suit is against the City of Bremerton. He read details of the suit which has to do with not being allowed to build at Kitsap Lake. He stated they are seeking an early hearing date on the merits of the case and hopefully the matter will come to a decision at an early date. Stated he will discuss whether the Kitsap Lake people want to put in a brief because of their obvious interest in this case. His office will send them a letter. Concerning "blight", the program is on schedule and he has met with trhe pr'incipal parties preparing the EIS arid they have discussed how to begin to proceed after the City had a redevelopment agency; also, to get a rough draft this afternoon. It should be ready to distr'ibute on Friday to the various agencies in the State who are involved. After a 5-day period, hearing will be scheduled in the third week in June to determine "blight". Have had more information about developers' interest and hopefully will have some information within the next two or three weeks. CITY COUNCIL MINUTES May 4, 1977 Page four MERIT PROMOTIONS Commissioner Schoneman stated he had made a motion last week to bring into a "D" rating five people in the Street Dept. and his motion was not seconded; that it was withheld for a week to place in a percentage the employees who could be eligible for this merit raise in any given department. He stated the union contract does not reveal that there is a percentage clause and the determination is left up to the supervisors or superintendents. He has on hand recommendation of Street Superintendent and the Asst. Attorney that these people be advanced to this "D" rating. It is being withheld due to a percentage factor. Commissioner Stewart stated he had contacted Donworth & Associates but had not received a recommendation from them yet. Stated he believed the City Council could put rules on the supervisors, not on the members or the union. Mr. Sexton suggested the City Council formulate a legal question and send it to his office and they will look into it. Commis- sioner Stewart stated he would like a legal opinion to know whether the City Council does not have anything to say in this area and he would like to have Donworth involved in the decision. Motion by Commissioners Stewart and Schoneman to ask City Attorney for a legal opinion and involve Donworth & Associates in the decision. Question not called and motion therefore did not carry. Motion by Commissioner Stewart to limit the number to 15%, died for lack of second. Commissioner Stewart maintained that he did not think the union agreement deals with supervisors, but employees. City Clerk, with the agreement of the City Council, stated be would send a memo to the City Attorney's office asking for legal advice, including Donworth and Associates. Meeting recessed from 10:00 A.M. until 10:05 A.M. LIONS WHITE CANE PRESENTATION Lt. Jim Lamb, accompanied by two other Naval officers representing the Bremerton Central Lions Club White Cane Day Committee, presented the program concerning White Cane Day's Sale and their eye bank program. REFUNDING LIBRARY BONDS Mr. Jack Shirley presented a proposal for the consideration of the City Council which will authorize the First Washington Corporation to proceed immediately with the refinancing of the 1976 G.O. Library Bonds. Commissioner Stewart stated he called and wrote letters to Larry Faulk, McClain Co. and Foster and Marshall. Also had sent a letter to State Examiner Lynn Faulk, located at the Court House. Stated the State Examiner wanted full disclosure. Mr. Shirley stated his profit will run between $6,000.00 and $10,000.00 depending on the market. Costs involved will be about $2,500.00 for legal fee, about $1,500.00 for escrow bank, $750.00 for printing and incidental costs of issuance. Commissioner Stewart asked for a letter from Me. Shirley and the bond attorney that there is nothing in the law that prohibits the City Council from doLng this again so the City has everything to gain and nothing to lose. Stated McClain Co. stated by telephone they will not participate, also called Foster & Marshall; and should proceed. Motion by Commissioners Stewart and Schoneman to accept proposal and authorize Mayor Pro Tem to sign acceptance, carried. SCHUYLER CHANGE IN LAND USE RESTRICTIONS DATE OF PUBLIC HEARING Mr. Victor Woweras requested the City Council instruct the Planning Commission to hold the Schuyler hearing on May 17 instead of May 26. Clerk read letter from Sheridan Neighborhood Association, signed by Pat Carey, President, dated May 4, 1977, which requested that the hearing be held on May 26 as scheduled because this is the date set for all items on the East side of Bremerton aad many people are planning to attend the May 26th meeting to speak regarding the Schuyler item as well as other items located in the same area. Mr. Woweras stated he wanted to change the hearing date because it is costing money each day it is delayed. Ken Attebery, City Planner, stated the reason this hearing was set for May 26 instead of May 17 is because all items on the East side were set for that date and all items on the West side were set CITY COIINCIL MINUTES May 4, 1977 Page five for May 17. He stated the Planning Commission had received 15 applications for the month of May so they had divided the hearings to two different meetings. Commissioner Stewart stated he could see the logic in that and for that reason, he thought Mr. Wowaras should wait the other nine days. Stated he felt these people should not have to sit through two hearings. Motion by Commissioners Stewart and Schoneman to deny request to hold hearing on May 17. Under discussion: Mr. Sexton stated the City Charter states that the City Council has the authority to do this. Motion carried. HEARING - American Marine Bank Annexation Motion by Commissioners Scboneman and Stewart to hold hearing at this time, carried. TAPE #104 Ken Attebery, Planning Director, stated that Mr. Berg of the American Marine (A) Bank could not be present at the hearing; that the only reason for his being here would be to file his notice of intent to annex. Me spoke about the existing Comprehensive Plan and the View Ridge Neighborhood Plan indicates that Perry Avenue Mall area as we]] as the area toward O]ympus between Sheridan and Barnett is zoned urban Commercial. The City's zoning would be B-3 Motion by Commissioners Stewart and Schoneman to approve Declaration of Non- Significance, carried. Commissioner Stewart stated he is in favor of the annexation; the bank is already operating there and it is close to a sbopping center that is already commercial. It has all the benefits of a commercial area and is already being used as commercial in the County. Motion by Commissioners Stewart and Schoneman that in the event of annexation the property as set out jn the slaps should carry a comprehensive plan designa- tion as previously recommended by the Planning Commission; that in the event of an annexation the property annexed should carry a B-3 classification and structures presently in place be upgraded to meet City code, carried. COMMISSIONERS ' REPORTS 1. April has been an outstanding month for progress; 75 building permits issued for a total v&luation of $2,269,484.00. The largest is the band Title Association at 4th and Warren. 2. As previously stated, the required documents for improvement at Wheaten- Broad to Riddell have been prepared and forwarded to the State Highway Dept. 3. Wheaten and Sylvan intersection was started on May 2. According to the program that the contractor has laid out, he feels that it will be completed within 80 days instead of the 90 days, which will bring it somewhere in the neighborhood of July 22-24 for completion. 4. Motion by Commissioners Schoneman and Stewart to call for bids on con- struction of concrete shoulder barrier at Cambrian and Navy Yard Highway, with the provision that jt is approved by State Highway Dept. Under dis- cussion: Commissioner Schoneman stated he is trying to gain time on this by getting authorization, then when clearance is received from the State Highway Dept., will proceed with bid call. Motion carried. 5. Concerning water service this coming water use season, City will be able to hold its own; eliminating the summer sprinkling rates was a big step in [he right direction. Stated if the City was completely dependent upon Casad Lake for water, there would be a shortage; however, with the other resources there will be enough water through the summer. Hopefully, everyone will cooperate and eliminate any extra use of water. Made several suggestions to save water and read some suggestions from Community Relations Newsletter directed to water use and conservation. Will be able to serve all our customers if they will work with us and save as much water as possible. As of the last two days, have received some rain and, hopefully, this will continue. Commis- sioner Stewart stated if enough water is not sold, the City could be in a real financial bind because if people don't use water, it will affect the financial condition of the water system. -5- CITY COUNCIL MINUTES May 4, 1977 Page six 6. Concerning wells, the one that is being drilled in Bridle Ridge is down 950 ft. with the possibility of 300 to 500 gallons a minute. Ready to put casing down and then will get a test on the well. Little problem which has arisen on the City well which is being drilled. The main cable broke and lost the bits at the 262 ft. depth. It can be recovered but it will take some time. If the well on the Gorst Creek comes in, there could be 600-700 gallons per minute. 7. Congratu!ated Chief' Devery for attaining position of Chief of Police. Commissioner Stewart: 1. Stated County Commissioner Mahan attacked him personally in connection with the letter Mr. Stewart had written to the Bremerton Sun; that he had accused Mr. Stewart of being the cause of the failure of the Transportation Benefit Area which has been proposed to cover all of Kitsap County. Commis- sioner Stewart gave his reasons for' not wishing to have more taxes to sub- sidize buses in areas which he believed did not want them nor require them; that he was opposed to a county-wide system. He suggested a public debate with Mr. Mahan. 2. Stated a graph had been drawn to illustrate the low cost of Bremerton's water and sewer rates as compared with the county and districts. He commended the people in the Water Dept. who have held down the water rates. 3. Gerald Miller was here last Saturday from the Urban institute and looked into the cabs feeding the main trunk lines of the bus system. Mr. Miller was impressed that Bremerton has tried this on a small scale and then enlarged it so it isn't a financial burden but a financial benefit for the people. 4. Sonny the school levy failed. One problem which schools did not agree to was having the election on the same date as the City's Capital improvement Bond Levy. 5. Suggested action be taken to condemn some buildings on the Bremerton waterfront; one of which is a burned building. Motion by Commissioner Stewart to take burned building out whatever way it takes. Motion was not seconded. Under discussion: Commissioner Schoneman stated the City has a dangerous building ordinance and it can be invoked. This will be done anyway. 6. In connection with parking tickets, stated first they increased and then fell off, then increased again and fell off again. Stated he just wants to keep people from violating and keep people from parking all day. Meeting adjourned at 11:05 A.M. G. C. Yeadon, St., City Clerk Approved: Robert B. Stewart, Mayor Pro Tem -6-