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HomeMy WebLinkAbout11/02/77 UNAPPRI qD MI MUTES C~TY COUNCIL MINUTES C;!}/.!j\!(]~ November 2, ] 9'77 Regular meeting off the City Counci] of the City of Brementon, Washington, was held in the City Council Chambers, City Hail, 239 Eourth Street, on Wednesday, November 2, 197'/at 9:00 A.M. with Mayor' Jarstad pre- siding. Also present were Commissioner Stewart, Commissioner' Schoneman, City Clerk Yeadon, Asst. City Attorney Sexton and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Roy. Peter Bakker of Eirst Church. MINUTES 0E OCTOBER 26, 1977 Clerk presented minutes off' October 26, ]9T7. Mayor Jarstad ordered the minutes to stand approved as amended. NOTICES OF EMPLOYMENT Bruce Henry Allen, Sign Shop, Temporary Employee, $3.50 per hr., l]./7/77. Commissioner Schoneman stated he had talked to Vocabiona] Rehabilitation and Mr. Allen is a handicapped person; that he will become a fuL]-tLme employee. Vocational Rehabilitation will pay 75% of his 8irst three months wages, .%0% of the second three months, and 25% of the third three months. After that it wi|] be determined by the Vocation Rehab. and Civ:il Service what type of {;xam he mhould be given so he can atkain a perrn;~nent r'at;inq. Helen J. Sutton, Police Dept., Extra Help, $3.00 per hn., 10/27/77. William M. Crawford, Municipal Court, Judge Pno-Tempore, $10.73 per hr. , 11/1/77. Motion by Mayor' Jarstad and Commissioner Stewart to approve notices of employment, carried unanimously. CHANGE OF PAY STATUS Theodore R. Johnson, Police Dept., 4th Yr. Motor Patrolman, $7.28 per hP, to $7.~1 per' hn., ]0/31/77. Motion by Commissioners Schoneman arid Stewart to approve change of pay status, carried unanimously. LICENSE APPLICATIONS Taxicab Drivers' Licenses: Ronald John Graham, appnoved by Capt. Cundiff PoP Chief of Police, Harold Webster, appnoved by Capt. Johnson for Chief of Police and Gerald L. DeFend, Jr., appnove;d by Capt. Shoemaker for Chief oF Police. Sauna Therapy: Spain Therapy, approved by Police Dept., Fire Dept., Health Dept. and Building Dept. Commissioner Stewart stated he would 1 Eke to see it noted if they have a state license. Motion by Commissioner Stewart and Mayor Jarstad to approve license appl ]cations; change of address for Spain Therapy, carP] ed unanimous ] y. CLAIM FOR DAMAGES - David Oonzales Clerk presented claim for damages from David Gonzales f'or' $~6.00, plus tax, for a broken door', door frame and lock and chain. Clerk explained that Mr. & Mrs. Gonzales were on vacation and had ]eft their lights on fop three days. The police were called to investigate arid thought they saw blood stains, so they broke in the back deep and went tr~ to investigate. Everything was in order and there were no blood stains. Clerk stated he had called both insurance companies and neither one handles clairrls of this nature. Motion by Mayor Jarstad and Commissioner Stewart ~o pay $~6.00 to David Oonza].es fief the repair of door, carried unanimously. CLAIMS EOR DAMAGES (Jarfield George Johns, $10,000 in damages for loss of car when hit by police vehicle, rrledica] costs and inconvenience. Chester L. Gibbs, $100,000.00 ]or legal fees, personal damage and btisiness loss. clerk stated these claims have been sent to the proper CITY COUNC1L MINUTES November 2, ]9'7'7 Page two BiD AWARD PICKUP TRUCK, Water Distribution Clerk read memo from Chuck Moore to Commissioner Schoneman, dated Oct. 3], 1977, which requested that bid for pickup truck for Water Distribution be awarded to Bennett Ford as the only bid that meets specifications. Commissioner' Schoneman stated this was not the low bid, but it was the only one to meet specifications. Motion by Commissioners Schoneman and Stewart to award bid to Bennett Ford for $5,339.53 as the only bidder meeting specifications, carried unanimously. SURPLUS EQUIPMENT Police Dept. Clerk read memo from Police Dept., dated Oct. 27, ]977, which stated the Police Dept. has a Burroughs 10 Column Adding Machine and Under- wood Standard Typewriter which are not in use and should be declared surplus and disposed of in the best interest of the City. Motion by Mayor Jarstad and Commissioner Schememan to declare Burroughs adding machine, Serial #8369E~8 and Underwood typewriter, Serial #6057520 surplus and dispose of in the best interest of the City, carried unanimously. CHANGE ORDER - Sheridan Road - H&B (Change Order #1) Clerk read memo from City Engineer, dated Nov. 1, ]9'~7, attached to which was a change order for the Sheridan Road project for a total iretease of $1,230.75. Motion by Commissioners Schoneman and Stewart to approve change order in the amount of an increased $],230.75, carried unanimously. REMODE],ING OF POLICE DEPT. Clerk explained that only one bid was received for the remodeling of the Police Dept., from Rim Construction Co., and this company is unable to get a bond. Ne then read letter from Police Dept. requesting that bond be waived and this be declared an emergency due to the time loss. CLerk explained that it is proposed to pay the contractor no money until the job is completed and either receipts showing material suppliers have been pald or make the warrant jointly to the contraetor and the suppliers. Capt. Shoemaker explained the work to be done and the area that will be changed. Mr. Sexton stated that RCW 39.08.010 states that a bond is ~'equired and 39.08.0~5 states that the City Council ]s liable for any debts eontracted if a bond is waived; therefore, he advised Council not to waive a bond. A discussion followed and it was the concensus of the Council to ca] 1 for bids for the remodel ing of the Police Dept. again. Motion by Mayor ,Jarstad and Commissioner Stewart to readvertjse and call fop bids for l:he remodeling of the Police Dept. and return bid deposit to Rim Construction Co., carried unanimously. SHERYDAN RD. & AiMIRA DR. - H&B Cement Finishing Contract Mr. Warjag, City Engineer, presented a letter to be mailed to H&B Cement Finjshirlg, dated Nov. ~, ]977, which stated that the Sheridan Nd. and Aimira Dr. project has been accepted by the City with a contract completion date of Oct. 2]I, ]977, which exceeds the contractural 30 calendar day completion date by 6~ days. The letter further' stated the City will allow an additional 25 calendar days for all causes and the remaining overage of ~9 days is applicable as damages, which at $75.00 per calendar {jay total $2,925.00. Mr. Warlag stated the con- tractor was warned several times that he would be liable for damages if he didn't get the job done on time. Mr. Waring explained that the contractor doing the rockcry work has not been paid and the City is withholding $7,530.00 from payments due to N&B Cement; that these funds wilI be paid to H&B if the City receives written notice from Parsons abandoning his claim for this amount, otherwise it may be eventually disbursed by the City to the subcontractor after lien fore- c]oa~ure proceedings. He stated this has been discussed in detail with Asst. City Attorney Washington and be presented this to Council for ir~formation only, and Co~lncil agreed to sending Letter. -2- CITY COUNCIl, MINUTES November 2, i9'/'/ Page three BLUEBERRY FARM - Application for Funding Assistance Clerk read memo from Parks Dept., dated Oct. 31, 1977, which stabed the Parks & Recr'eatjon Dept. is in the process of prepsPring an appli- cation for funding assistance to the interagency for' Outdoor Recreation Co put'chase White's Blueberry Farm. The memo requested between $200 and $300 be appropriated from the Cumulative Reserve fop Genera] MunLcL- pal Fund for a sketch of the property showing the proposed future deve I opment. Motion by Mayor' ,jarstad and Commissioner Shewant ~hat monies needed f'or the sketch and sirnple site plan be appropriated from ~he Cumulative Reserve for (]eneral Municipal Purposes Fund, carried unanimously. PURCHASE 0],' COONTZ PROPERTY Clerk reported that the school district has had to contact the Educa- tional Services District in Pool Angeles to get a record of the name change from Union School District to the Brcmerton School [)istric~ ]00-C; that this mush be done before the Qitle cornpar~y can research and ~ ssuo title inset'ante Ln the name of the Breme r~ton I)istrj ct. Commissioner Stewart staged he had sent a letter' Qo F~e]d Ryan in regard to this and Mr. Yeadon asked that cleuk's office be r~otif'ied in the future. Corr~rnissioner Stewart agreed. TEMPORARY LICENSES - ARROW CAB COMPANY Clerk read memo from City Auditor, dated Oct. 26, ~97'/, which recommended issuance of temporary license unt:i] Jan. (~1, 1978, based on his gross revenue. Clerk stated they are e] i gjb]e for two temporary ] icerises and $200.00 short of a third terr~porary license. ]jcenales for a total o1' five ]]e{'ns~x Po~ Arrow Cab Co., {~ar'~[ed unanimousJv. AVAILABII. iTY OF GRAN2-IN-AfD PUNDS Clerk read memo from (iraants Administrator, dated Oct. 28, ]977, attached to which was a letter from the State Dept. o? Transportation which idonti['ies a ~rant-in-aid pr'o2ram that could be bene['icial to the Cjty. The m~mo ~'equested that City Council consider the possibility o[' developing a grant application per the requirements of the attached letter. ~ayor Jarstad requested this be forwarded to Grants Admini- stnabor for development off ?ur~ds. CRONNH17'E ANNEXATION Clerk read copy of letter ?Port[ Boundary ~eview [Joard, dated Oct. 3, 19'/7, which stated a hearins has been scheduled for Nov. 3, 1977 at 7:30 [~.M. at the Kitsap County Courthouse in regard to Cronkhite Annexation; that it was thes board's ~ee[in2 that the annexation made irr'eau]an boundaries and the annexation should be jncreased to correct this problem. ?ARA~EDIC T~A1NING AT HARRISON HOSPITAL Clenk read memo fPorn City Attorney's Office, dabed Oct. 27, 1977, attached to which were copies of documents rolatin~ bo the traininE of' paramedics at Harrison Hospital. C[.enk stated he had ea] led the insuranee company and was informed as tonE as the paramedics are doinE this as ernp]oyees, i Q is covered by :lnsurar~ce. Motion by Mayor Jarstad and Commissioner Stewart to approve "Hold Harmless" A~reement and authorize Mayor and City Clerk to sign for the City, carried unanimously. WASHINGTON STATE PARKS & RECREATION CO~NISSION MONTHLY MEETING Clerk n~ad letter from State Parks & Recreation Commission, dated Oct. 28, 1977, which stabed tf~e Commtssien will hold ~ts monthly meetln~ at the Hearthstone Motel on Nov. 21, 19'/7 at 9:00 A.M., with a no-host ]unoheor~ scheGujed for noon at [,he Hearthstone inn. Mayor Jarstad ~equesk~x] that the Commlssioners and Parks Dept. be nohified. -3- CITY COUNCFFL MINUTES November' 2, 3977 Page four ENVIRONMENTAI~ ASSESSMENT - Sewer' Line, Bucklin Nil] Road Clerk read copy of letter from Dept. of Community Development, dated Oct. 27, ]977, attached to which was a copy of Environmental Assess- merit for an increase in the proposed sewer line along Buck]in Hill Read. Clerk stated he will forward it to Commissioner Schoneman for circulation in his department. INDIVIDUAL ACHIEVEMENT, INC. CHANGE OP HEARING DATE Linda Keating, 1721 1Sth St., requested the hearing date set for a Special Use Permit be held on Nov. 16, 1977 instead of Nov. 30, ~977, due to some financial obJigations that were imposed upon the applicant. Motion by Mayor Jarstad and Commissioner Stewart to change hearing date for' Individual Achievement, inc. to Nov. ]6, 1977 at 10:20 A.M., carried unanimously. PUBLIC RECOGNITION Mrs. Anthony Zoric, 1306 Naval Ave., stated that, in connection with the Abil]e fezone, he has trespassed on their property and he has not followed the plan. She discussed problems with retaining wall and grcen belt and stated he did not comply with the Declaration of Land Use Restrictions concerning the leaving of the existing vegetation on the property lines. She also complained about depriving them of their driveway to their back door and that he had cut down the area about two ft. Lower than their basement garage. Also complained he is fencing with a board fence. She overheard him direct a worker about removing a cherry tree and a Chinese ivy. Mrs. Zoric also stated that the survey lines have been changed three times and the City has come in a foot on their' property from the rock wall which would enable him to take down the tree and ivy bush. She wondered if that was done for widening of ~Sth or for his benefit. She stated they werevnot asking for a green belt and they will put up a fence. flt was resorted for retaining wall instead of the rock Fie has placed there. Commissioner Stewart stated he inspected the area Sunday and Monday and the rock is not going to hold; that the Building Dept. had said they were to cut the wall with a diamond saw but it wasn't done. it was done by bulldozing. He stated the people are not askjng to follow the site plan in full but are not happy with what has been going on. He stated the apartment house looks good but he does not know about running roughshod over his neighbors. After these points were discussed at some length, the Asst. City Attorney gave the following recommendation: That the next step is For the Building and Planning Departments to go out and make a complete review in light of' the building code requirements and in line with the Land Use Restrictions and then return a report and if in violation, it should be referred to his office for' prosecution and enforcement. Regarding the survey lines, that is a problem between the property owners and this inspection won't cure that problem. Commissioner Schoneman spoke strongly concerning the need to follow the restric- tions of the fezone and the Declaration of Land Use Restrictions. Commissioner Stewart suggested after the matter here is resolved, a letter' should be written to contractors, contractor associations and architects, etc., that the City intends to enforce restrictions in connection with fezones. Dudley Pert]re, a~torney for Elks Lodge, stated he was again requesting for their' Board of Trustee~ that the City agree to allow them to make a conuection to the City sewer ]inc and stated the Elks are willing to donate approximately $Gb,OOO.OO to the City to assist in correcting the pump problem. Stated a septic tank and drain field would cost between $~,0OO.OO and $39,000.00 and they would much prefer to be on the City sewer. Commissioner Schememan explained the main reason for riot aLiowing any County connections until the treatment plants are updated and have a better capacity is that there is an excess C[TY COUNC i L M l NUTES November 2, ] 977 Page five off sewage. The City Couuci] prevj_ou~ly had passed a resolution not to allow any more connections from County resi. dents and suEge~".ted the City Ceuncil could either rescind the resolution or alJow the connection. l{owuver', he indicated he wouJd not be in favor because of the excess sewa~e problem already existing. Mr. Perfine n;poke about theft efforts~ to get an annexation approvod and stated he believed [t would be after dan. 1st that this would happen. lie agatn promised that the Elks could pay the City about ~]4,000.00 which could help to buy a pump to help alleviate the City's proties. CommisP;ioner Schoneman again reiherated that it was not a matter of pumping but a matter of the p]ant's ability to treat sewage. Commissioner Sobenemas made it clear t;hat no one was beint~ favored over' another in the matter of connections. Mr. PerPine stated that when the property is reva]ued, the signatures on the assessed valua- tion wi]] be :suf'ficient to present a petition. (]ommissioner Schememan stated he had at ]east 200 requests for connections by County property owners and could not accept them. Mr. Richard We[d, ]~}6 Lebo, stated he did have sewage in the street last nfght from heavy rains and the pumping station cannot take the load. lie claimed that it is a health hazard right now; noted that Mr. Perfine came up with the idea to offer the money to the City which they would have used fop their septic tank installation he temporarily increase the capacity of Pump Station No. 2. Mr. We~d stated he realized the pump starties ds tlndersized and he d:ld not know whether the request is legal. In connection with the funds needed For the bypass 1Lne, City Engineer War'irfg stated ErA keeps asking i'or more information. Nit'. Weld noted there j s an apartment house being built on the [~chuyler property which is not to receive an occupancy per'rulE until the bypass line is insta]] ed. Comrnissioner Stewart stated there was another question involved with the BPOE and that is the matter of the ~scilities fee which would be against the ten acres of ]and they own; however, they are only [{oing ~o develop three acres and the other will remain as woods. }te stated that r;ince they are only going to develop three acres of [and, they had a prob].em ~etting a deed showing three acres, which deed must be f'j]ed with the City in order to ealculabe the facilities fee. He stated the County wi]] allow a five acres deed and he suggested the Council should work out something th~t the fee will be only on the throe aeres being developed. Commissioner Schoneman discussed this problem and stated that if' the Elks want to separate the land owner- ship, they could do fit. Mr. Sexton stated they could go on the basis of two five-acre tracts and sut~gested there are no doubt some houses only built on one-half' ~cre and they have lef't the other acreage vacarat, but they eould put i.n a lawn. Suggested they should go on a legal subdivision and the County allows five acres. Commissioner' Sobenemas explained the background of' the facilities f'ee and the fact that the County residemt;s have not, paid for the eight nil lion dollar' water' system and one rnethod off r'ecapt;uring some of the cost is this fee. Mr. Pernj, ne stated he would advise the Elks Board of' the problem w] t.h the sewage. Further discussion was held on the division of the proper'ty and it was discussed hhat probably j.t woutd nut be possible bn divide this property up kn a three-acre portion unless Uhe Elks i{o through a short plat procedure. ~ayor 3arstad suggested the Elks eontaot the Heal Qh Dept. to put in a mlnimum systern and that it will cost less to connect to the sewer' c;ystem when the Elks are in the City. CITY COUNCIL MINUTES November 2, 1977 Page six GREEN SHORELINE MANAGEMENT PERMIT EXTENSION HEARING Mr. Sexton stated he had attempted to get some opinions from the Attorney General's office and they have decllned to speculate at all in this area. He stated that Dr. Campbell and he are in line that ~his has not been decided by the courts of the State oF Washington and ~he closest to this is in the zoning area, Hull vs. Hunt, which made it clear that changes in a zoning ordinance prior to obtaining a building permit are enf'orceable and it is their opinion that it would likely be the course the court would follow in the future regardirlg the application of the provisions of a Shoreline Management Permit arid the Shoreline Management Master Progrlam. He stated his opinion is the same as last week. Mr. Green stated he had no comment. Mr. Attebery discmssed the efforts he had made to gct an opinion. Mr. Attebery asked for clarification for Mr. Creen's benefit as to whether he could come back and app].y his revision or does he have to come back and apply for a new permit. Commissioner Stewart discussed his conversation with DOE, who informed him they had been really stricter than they should be concerning variances arid the only variances they have issued is where property was rendered useless. Now DOE is talking about their policy toward variances but any change will not be effected until about next spring. Mr. Attebery again talked about extension and revision of the Shoreline Management Pro- gram and Mr'. Sexton stated the Council should speak to this issue and if the Council wants to extend the time, that would be a decision they would have ~o make. Mayor Jarstad stated the Council made a decisioD last week. Ms. Sexton stated the decision is apparently based on his legal opinion and that this is not cast in concrete and he would welcome a decision; that even in his own office, they had substantial disagreement as to the er~forcement and he anf~ Dr'. Campbe|.l did not come to a conclusion. The only thing he was saying is that the way he sugges~;ed is the way a court could go but it could go the other way. APPOINTMENT OP MARl. AN DERRIG TO HOUSING AUTHORITY Mayor Jarstad announced that he has appointed Marian Denrig to the office of Commissioner of the Housing Authority of Brementon, to replace Herb Lenge].. Her' term will expire July ~7, 1980 arid she will be the second woman to serve on the Bremerton Mous:ing Authority. Mayor Jarstad left the meeting at this time. COMMISSIONERS' REPORTS Commissioner Schonemarl: 1. Building permits through Oct. 1977: 55 permits for'a total valuation of' $t,]'78,059.00. Largest permit is for 64-unfit motel on llth St. for Aliza, Inc., $563,OO0.00 and next largest, Jennings Corp. for $200,000.00. 2. Approved S~eridan Road project this morning about 7:00 A.M. it appears to be in good shape even though it took longer to complete than anticipaEed. S. Had some real problems with the rain and winds in the area. Leaves filled up gutters and drains and crews were kept busy cleaning ~hem out. ~. Asked the stat~s of the Rowland lease at Gorst and Mr. Yeadon explained ~hat payments are being made on time. Commissioner Schoneman stated he had other offers to lease this property. 5. Stated now that he is going out of office, he is getting more requests to serve on various boards. Has been appointed to the Nurses Professional Advisory Board and he is already on the Transporta- tion Advisory Board. 6. Stated he would like to congratulate everyone on their efforts for gaining office. Requested that immediately after the election on Tuesday that all political signs be removed so the $50.00 deposit carl be refunded. -6- CITY COUNCIL MINUTES November 2, 19Y7 Page seven Asst. City Attorney Sexton: Mr. Sexton sumrnarized the responsibilities of the City Attorney's office arid gave a detailed report of the hours worked and stated while the City pays salarles for on[y three attorneys and three secretaries, the City receives the servlces of nine lawyers. Mr'. Sexton has this report on file in his off lee. C-ity Cjerk Yeadon: ]. Stated he will serve at least untij Dec. 3], 1977 and possibly until the end of his term. 2. Gave an explanation of the nmmben of employees who left work yesterday due to the ter~r gas bomb and stated that only one person let~t. Commissioner ~3tewant stated he tried to flnd out from the City Attorney's offlce if employees would be paid, but could not receive a reply; that the Dept. of ],abet & industries informed him that if people were bothered, tell them to go home. He stated he tho~.ht the employees were leaving when he left fief a meeting. Mr. Sexton agreed that he did the right thing in not telling the employees they could take off with pay; that whether they wi].[ be paid or not will require a ~itt~e r'e.~earch. MUMICIPAb AREA N0. ~, Sheridan Road (Letter from St. Luke's Methodist) Clerk read letter from Dr. Vahey, Pastor of St. Luke's United Methodist Chur~h, dated Oct. 25, 19YY, which req~ested that they be notified as to the date of Ceuncit discussion on the future disposition from Municipal Area No. Eour frontlag on Sheridan Road. Motion by Commissioners Stewart and Schoneman to set hearing date for M~nieipaL Area ~o. 4 on Nov. ~0, ]gYY at ~O:S0 A.M., carried. CONTRACT WITH PEOPLE'S NAT'L. BANK Clerk presented re~est to extend existing contract with Peop]e's Mat~ional Bank for p~yroll services. Motion by Commissioners Schoneman and Stewart to approve extension of existing contract with PMB for payroll services, carried. CLAIM VOUCHER, ARCH]TMCT FEE, KITSAP DAY CARE CENTER Clerk presented invoice voucher for architect's fee for the Kitsap Day Care Cente~· in the ancient o~~ $1S,005.20, on State Re~. 29 funds. Motion by Commissioners Schoneman and Stewart to approve invoice voucher in the amount of $1C~,005.20, audited by John Ross, and ~utherize mayor to sign, csrried. WAGE PROPOSAL - Bremerton Pc]lee Officers' Association Clerk read letter from Bremerton Police Officers' Association, dated Oct. .'31, 1977, which stated the Association voted to ,accept the wage proposal dated Oct. 26, 1977; that the Association stands ready to negotlttte the rcrrlaining seeSions of the contract and bring negotiations to an expedier/t close. Clerk stabed this letter wi[.I be on file in his office. SET HEARING DATES Proposed Use Hearing & Budget Hea~ing Clerk reported that he had advertised that the Preliminary Budget has been filed with the City Clerk's office and hearings will be held on Dec. S, 6 and Y at 9:00 A.M. Ne then recommended the Proposed Use Hearing and Budget Hearings both be held in a place that is easily access]hie and convenfier~t to senior citizens and har~dicapped persons. Motion by Comrrljss[onecs Stewart and Schor~eman to hold Proposed Use Hearing on Nov. 23, ]97'/ at :]:00 P.M. in the Sheridan Park Comrsunity B] dye,. , carried. Mobion by Commissioners Stewarb and Schoneman to hold Budget Hearqng on General Revenue Sharing on Dec. 6, 19Y'/at 2:00 P.M. at the Sheridan Park Cerrlmunity Bidg., car'ricer. CiTY COUNCIL MINNTES November 2, 1977 Page eight BILLS Motion by Commissioners Stewart and Schoneman to give blanket approval to vouchers 01226 thru 01328 ir~clusive in the amount of $51,842.76 and vouchers 1221 thru 1222 inclusive in the amount of $88.13, audited by Johr~ Ross, carried. Meeting adjourned at ]1:45 A.M. G. C. Yeadon, Sr., City Clerk Appr'oved: Glenn K. Jarstad, Mayor