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HomeMy WebLinkAbout12/18/74 CITY COUNCIL ML~'rfNG DECEMBER 18, 1974 The reKular meetinK of the City Council of the City of hremerton, Washington, was held in the ~uncil Chan~rs of City Hall at 9:00 a.m., PST, Wednesday, December 18, lg74. Attend~n~. were: ~.hVor Jarstad, presidinK; Con~nissioner Stewart, C~ssioner Schoneman, City Clerk Yeadon, City Attorney WAl~ren, Asst. Ctiv Attorney PJ. nckney, and representatives of the Dress and radio. ~eting opened with the Pledge of AlleKiance and Invocation by Mayor Jarstad. ,MI~r~ES ~ of DeceJmYer 11, 1974, were read and approved as amended. r~fPLOYMENTS Victoria Batterman, Re-employment, Executive (Mayor), $3.21 hr., 12/19/74. Steve Quv, PT Playleader, Parks $ Recreation, $2.00, January 4, 1975. Motion by Mayor Jarstad and Czmmt{ssioner Schoneman to approve the employments, carried unanimously. C~UkNGE IN PAY STA~JS ~ebbie Willian~, Clerk-T~7)ist, Police DeDt., $510 to $530, End Probation, 12-1-7~. ~.btion by Cu~,~ssloner Stewart and Mayor Jarstad to approve the change in Day status, tattled unanimously. EMPLOYEES' RF~IREMENT FUND Clerk presented Employees' Retirenw_nt Fund List for December, 1974, in the amount of $2,982.41. Motion by O~mmissioner Schoneman and Mayor Jarstad to approve the Retlmement List for December, 1974 carried unanimously. CLAiT~ FOR DAMAGES - BENTON Clerk presented Claim for DamaKes from Robert F. Benton in the ~mount of $867.~3, to be referred to insurance comrk/nV. CLAi74 - SPIRY Clerk Dresented Claim agalns~ the City from Russell Splry in the amount of .~250,00~.00, refer~ed to insurance company. ~PPLICATIONS FOR TAXICAB DRIVER LICENSE [ Clerk presented Applications for Taxicab Drivers License from David James Vacek, Sr., and James i Eoperson; approved by Captain St~atton and CaDtain Cundiff fora the Ck{ef of Police. ~otion bv ,~avo~ J~rstad"and ~o~z~issioner-Schoneman 'to 'ap~ve the applications, carried unanimously. i BID AWARD - WELL CASIh~ [ Clerk read memo dated r3ecember 13, 1974, from E.R. Weller to City Clerk recommending bid be awarded , to low bidder, Familian Pioneer, Inc.; that this bid meets all specifications. [~otion bV C~mmlssioner Sheoneman and Commissioner Stewart to award bid as reco~nended, to Familian i P--~neer, Inc., carmled unanimously. [ ~;~LL FOR BIDS - CONCESSIONS !Clerk read memo dated 17 Decembem 1974 from Park Superintendent to C~ty Clerk requesting authorizatio . to call for bids in order that a C~neessionalre by acquired to operate the concessions at Roosevelt i Field and I~ons Cu~,~,~unlty Playfield for period of three years effeetlve ADril 1, 1975. i~otion by Commissioner Stewa_vWc and Co~ssioner Schoneman to authomi7~ the bid call, car~ied i unanz~ously. CITY COUNCIL MEEI;I~ - DECEMBER 18, 197~ (Oont.) P~PAIR OF LADDER ~1 - FIRE DEPT. Clerk read letter dated 18, December l~7L~ from Fire Chief to City Council ~equestinK permission to hi~e Bremerton Fi~e Depa~,tJ,mnt Maintenanceman F~ank Coppinger on a per-hour basis on his days off to do the repair work; that they could not receive any additional estimates, and he would be the only source of supply for this ~rk. City Clerk spoke of advantage in having the work done locally in o.rder to~ .ha.ye .the la. dd. er available for emergencies. Max Meigs, Asst. Fire CHief, stated local servzce wou±o De beneficial because the depaz~u,ent would not lose e~m~r~,encv use of the ladder; also noted that l,~stem States Company in O~eKon was contacted and they were not in a position to make the repair. ~p. Meigs stated that M~. Coppimger will probably perform this service at the same rate he receives as a firefightep; that this has been past preetiee. Motion by ~ayor Ja~stad and Con~nissionel~ $tewar~ to follow the recom~nendations presented for repairing the ladder truck due to single source of supply and ability to keep the ladder available for emer~ency use. Under Discussion Con~aisisone~ $heoneman asked if they had any idea why nobody else would do the work. M~. Melgs stated that pa/Wc of the reason is there wouldn't he room for anything else; also, noted that Bpen%e~ton Chal~leston T~ansDor~cation was also contacted, and did not want the work. C~ied unanimously. AUTHORIZE SIGNA~3RE - ASST. TREASURER Clerk presented Signature Authorization Ca~ds (mesolutions) to allow the Asst. City T~easur~r to sign on accounts at the Paelfio National Bank of Washington, National Bank of Cx~mer~e, Peoples National Bank, Seattle Fi~t!~National Bank. Motion by C~r~nissionei- Stew~u~t and Mayor JaPstad to approve the resolutions and signature cards authorizing Asst. T~easuper to sign on accounts for all the banks the City does business with, carried unanimously. lg~rl'~R - BEAUTIFICATION Clerk ~ead letter dated 1~ December 1974 fr~ Beautification Committee to City Council requesting the Council to resubnit the Pamks and Recreation Bond Issue at the ca.lies possible time when other issues are not bein~ sutmitted. Discussion was held, and Mayor Ja~stad commended the Co~nitt~ on their interests. Mayor stated the Council should first have the knowledge of what matching monies are available throngh the Federal Co~nunity Act. Clerk mead letter dated 1~ Dece~uber 197~ f~om Phinney Bay Water District to City Council stating, they are financially unable to PaY the City of Br~merton Water Dep~,[ment for servicing of fire. hydrants, and suggesting that the City administer the collection of these funds on a periodic basis by means of a surcharge on the water bflls of the applicable residents. Commis§ioner Schoneman mefe~ped this letter to the City Attorney fora reco,~nendation. LE~ER - HU~ SOCl~JiY (CHJJlLE$ CARR CORRESPONDENCE) Clerk mead letter dated December 11, 197~, from Humane Society to City Clerk stating they checked out the names provided by Mr. Car~, and these people did have dog licenses and the animals were not strays being harbored; also, stated they will continue to investigate any othem peoDle suggested bv .~¥. Car~. Commis§ione~ $tewar~ stated he agreed with Mm. Car~ that there is something wrong wit] the operation due to the fact City license fees were increased and revenue was not increased accordingly. L}:ri'~.:R - CO~/qRESS~ HICKS Clerk read letter dated 10 December 197~ f~om Floyd V. Hicks, Congress of the United States, to City Clerk regarding City of Br~mer~on r~solution onwa~e and price controls, and statinK~ that the D~ocratic National ~Dnvention at Kansas City adopted a resolution which, amonK otheP thing~s, anproved across t. he board contro.ls on ever~hinK which includes interest and profits. Corem. Schoneman noted ~n newspaper article that Senator ~ennedy stated wage and price conin~ols ~rill he desparatelV needed next year. PBOCLAMATION Clerk read Proclamation of the Mayom Proclaiming Januars, 31, 1975, as Geo~e H. Burns Day. L~rrER - DOE Clerk mead l~tter f~om Deparlnuent of Fcology dated December 6~ 197~, advising~ that the will officially adopt State Master Program WAC at 1:30 p.m., December 18: 197~, Lacey, Washington. ~DSS REQUEST FOR OUTSIDE UTILITY AGRED~E~rF (Mr. Ross Present) Clerk explained that this matter was to be continued fr~m last week; that Mm. PDss is requesting an Outside ~tility Agreement for the. portion of property north of Riddell Road across from the ENco Station on Brc~ansville Highway. Conmxissioner $choneman stated he did not feel Outside Utility Ag~ee3nents should be extended north of Riddell; that if this portion was annexed to the Ciy~ they would imDle~nent a sewer program. Motion by Co~nissioner Shconeman and Co~nissioner Stewart to deny the request for Outside Utility Agreement, carried unanimously. 10:~0 - REPORTS g ~JBLIC RECOGNITION COMMISSIONE~ S%~EWART: 1. Feel the City should obtain Naw Audit Repor~ on Utility Rates; that the City also contributed to the Audit and is entitled to a copy of the report. CITY COU~CIL ~4iA'I'/NG - DECEMBER 18~ 1974 (Cont.) 2. Stated he anticipates budget p~oblems next year; that the adopted budget is depending on anticiDated revenue increases which may not exist, lk~Ked the City Council to have monthly budget ~eviews and De. ports frown Depa~.h,~ent Heads during the cc~ng year. ~O~tMISSIONER SCHON~WAN: 1. Uniformed personnel wa~es have been satisfactorily included in the budKet, and feel it is of utmost importance that non-uniformed contract is settled shortly, hopefully by the first of the 2. Commended flrefighters involved with Coontz School Fire for excellent ~ob of firefighting. 3. In conneetlon with the State wishing to dedicate Bu_~well as State H~h~.~y connection to ferry term/nal; but before the City would accept S~3cth Street back as non-State Highway, the State would have to resurface the a~eas that need r~palr. THis matter is beir~ worked out with the State. q. Will ~e letter subnitted regardinK how faro the City can proceed with siKning K-Werner and Kitsao Way ~ith reader board type si~nes to aid in locatinK agencies on Arsenal Way. ~munty will be Klad to assist us in the si/nln~ and concur in renam/ng a Dol~tlon of Arsenal Way, Auto Center Way. 5. On Complex Facilities Agreement, C~unty Cc~Fnlssioners and City C~m/sslonere ~11 he meeting with six prospective consulting engineers on December 26 prior to a choice being made for a firm to Derform the preliminarV services. 6. Building Report fop year as follow~: Total Valuation new residents, .~1,073,358; Total Valuatio~ new business, $2,960,321; Total New Construction, $4,033,379. 7. Commented that Nell Block has ~)rked for the City over 2q years, and will be missed by everyone stated this would be her last day, and he wished her ~11 in her future years. ~AYOR: 1. Christmas ProKram at Sberidan Park sponsored by Police and Park Depa~.b~,ents ~s very successful Sheriff Art ~orken was honored for b/s 40 years of service at this event. 2. ReDorted on Coontz Sehool Fire, and eo~nended firefighters for their abilities. Very thankful for mutual aid Dact with Naval SHipyard and other entities. Thanked those Deople who cooperated durinK the fire. There will he an exDense of $2,500 involved with calling in overtime manpower in Fire. and Police Departments. 3. Expressed aDpreciation to Nell Block for her services ovem the years; that she is an excellent secretarv, and Drohably no other Se. cretary to meet her record of 2~ 1/2 years of service to one office% that she has performed in an outstanding, manner for four Mayors, and she will be missed by everyone. Wished her well in bet retirement. C~%~GE OF COU~CIL ME, ETI~ DATES Commissioner Schoneman noted that next Council Meeting will be M0ndav, December 23, 197~, at 9:00 a.m., instead of Wednesday of that week. Mayor Jarstad stated he would prefer the January Council Meeting to be held on Tuesday, December 31, instead of Janua~; 2nd, due to long Weekends and holidays involved. It was the consensus of the Council to hold Council ~eeting~ December 31, 197q~ Tuesday~ instead of January 1st, Wednesday. BAKER REZ0~,~ DECISION Con~nissioner Schoneman reported that he and Mayor ,lamstad had the oppor~cunity to view the site, and it is now his feeling that this structure would not obstruct the view of any surrounding residents. Stated he felt the a~ea provides sufficient open space, and seems to be quite suitable for R-2 z~ning. Mayor Jarstad conc~d with Commis~oner Schoneman that this would not be a deteriment to the area's view, and eo~nented on the need fern multi-unit facilities'. ~.~tion by ~4ayor Jamstad and Commissioner Schonesnan that the proposed rezone fr~m R-1 to R-2 be aDDrOved. Commissioner Stewart stated he was concerned with the Plannin~ C~m.{ssion and Planning DeDa~.b~ent reco~nendir~ denial; that they did not feel this type of stl-ucture was proper fo~' the area, and they are_ exDerts in th~s field; that R-2 zoning may be proper~ but for a different type of structur~ EuKene [bffman, 313 N. Te~ell, s~oke in oDposltion to the rezone, and stated develo~nt of the proposed structure will have a great impact on the area. Motion carried as follows: Mayom Jarstad, yes; Commissioner Stewart, no; C~m~nlssioner Schoneman, yes. CITY COUNCIL M~h'rII~ - DECFMBER 18, 1974 (trent.) HF~%RIN~ - LID #318 Clerk stated that hearing has been advertised in newspaper aceordinK to the law, and the hearing is in DroDer order. Motion bv ~yor Jarstad and C~,~issioner Schoneman to hold hearing at this time, carried unani~Dus Clerk reported that there is no correspondence to read in opposition to the LID. Mr. Parker, City Engineer, gave Dresentation to Council, showing LID area on a maD. Discussion followed regarding costs involved and assessments to be oollected. Con, missioner StewRl~t stated the matter of the construction charge should be mevlewed, Clerk was directed to read Ordinance confirming the assessment moll, as follows: ORDINANCE NO. 3].86 Clerk read An Ordinance adoptinK and eonflz~ng the assessment roll for Local Improvement District No. 318, providing for the improvement of Fo~d Avenue north of 21st Street as described in Ordinance No. ~11~, providing for the levying and assessing for the oosts and expenses thereof aKainst the ~m~cels and lots of land within the boundaries of said improv~nt district providinK for the collection thereof; creating and establishing a sDeeial fund therefore and fixinK the date for the issuance of bonds, warrants, or installment notes in Davment thereof. Motion bv ~avor Jarstad and Commissioner Sheoneman to close hearing, and to adomt Ordinance 3186, carried as follows: Mayor Jarstad, yes; Co~ssioner Stewart, yes; Commissioner Schoneman, yes. ]"~7MO- AITORNE'Y - HARBOR ARFA LAW REVIEW Clerk read m~3~o dated December 9, 1974, from ~st. City Attorney Pinckney to City Clerk statinK tb affect of chan~es in this law would be Drimarily restricted to possible increases in rental for the leased areas. City Clerk stated he ~uld check with ~r. Pinckney coneernlnK this matter. ~0 - ATTORNEY - M;~RINE DR. W~I'~ DISTRICT B0t~DARIES Clerk explained this matter was referred to Attorney's Office in ordem to find out what procedures would be taken to r~3nove the City DorTion from these boundaries. Clerk read memo dated 9 Deee3nber ].97~4 from Asst. City Attorney Pinekney to City Clerk explaining, the City portion may withdraw under R~q 57.28 bv petition and then election. City Clerk stated he would eontaot ~. Pinckney on this matter. ~E~O - AT~0RNEY - DEF~'E~ COMPENSATION PLAN (CITY E~PkOYEE. R) Clerk read memo dated 11 December 1974 from ~st. City Attorney Jackson to City Clemk advising.~ that he has drafted a letter, and has forwarded the letter and a ooDy of the Defemred Compensation Plan submitted to the IRS for their Puling on its structure. Meetir~q Recessed 10:55. Called to Order 11:07 a.m. ~otion by Mayor Jarstad and Co~ssioner Schone~kmn to open bids as scheduled on agenda, carried unanJ3~uslv. TIRES ~ 17;BES (CITY DEPTS. ): Shaub-Ellison, Cashier's Check Enclosed ........................ -18.9% NeJ State P~id, ~neral Tire, Bid Deposit Check Enclosed ........................ Net State Price TIP, ES & ~)BES (TRANSIT): Shaub-Ellison, Ce~tifled CHeck Enclosed ...................... -18.9% Net State Price Motion by Co~missloner Sh~oneman and Cu,,,~ssioner Stewart to refer bids to Cltv Clerk and eo~tittee for study and recon~nendation of award, carried unanimously. ORDINANCE NO. 3187 - GAMBLING TAX ~tlon by ~avom Jarstad and C~m~issloner Stewart to read ordinance in c~'~i~lete and take co~ents ~ those Deople present, carried unanimously. Clerk ~ead, second readinK, An Ordinance relating to gambling, providing, for, and levying a tax upon the income derived fr~n the conduct of certain activities; providing for necessary administrative pmocedumes for the collection and enforcement of such a tax; pmovldlnK penalties foz failure to timely pay the tax, and providing for the effective date of this ordlnanee. City Attorney Walgr~n stated that although the ordinance provides a retroactive tax to January 1st the cmiminal penalties for non-payment could not be applied until the ordinance is ac%~,~] IV effectihe, 30 days after publication. CITY COUNCIL hEflfING - DECEMBER 18 ~ 1974 (Cont.) Mavor Jarstad stated the only way to insure funds to the C~y du~ing the month of January for ~his tax is to oass the o~dinance on an emergency basis. ~bmmlss]oner Stewart stated he would not voteto increase taxes on an emerKency basis, and pointed out it would mequire a unanimous vote of the Council. Mayor Jarstad stated this would cause_ the City a o~obable loss of 55,000 in revenue from this tax. Red B~c~n, PoD's Inn, and Verne Jones, Ted's Luneh, stated they would pi"clem a tax of 10 percent on the net; not 5 percent on the gross. Stated this would amount to about 3 percent of the Kross which they felt oould be lived with. Co~missioner St~,~art explained that at times 10 percent of the net may exceed 5 percent of the at certain times, and then the City ~3uld be in violation of State Law, which limits the tax to 5 percent on the gross. Stated the tax--if it's going to be reduced--should be reduced on the not on the net; that if it was taxed on the net there ~Duld be additional expenses involved in collection. Cmrald Wheeler, License InsDector, stated that the proDosed ordinance orovides maximum taxes provided under State Law; that if the City is going to reduce it for the orlvate operators, ~.erhaDs they should also reduce the tax fOr others, such as the non-profit orKanizatlons. Commented that the operators should be_ dealing with their Ie~.islatumes if they ~eel the State should lower their maximum rate. Mayor Jarstad stated the Council must take into consideration the fact that the businessmen before them have indicated they will have financial difficulties with the tax and do not feel they can continue oDeratinK, with the imposition of a 5 percent tax on their gross. ~tion by Mayor Jamstad and Co~missloner Sheoneman to change the Pate from five percent (5%) on the Kross to three percent (3%) on the g-moss, and to amend the proposed ordinance accordir~qly, carried unanimously. ~. Jones co~ented that this, on the average, would amount to the ssme amount, if the tax was 10 peroent on the net, aceordlng to his records and calculations. ~otion by Mayor Jamstad and Cc~ssioner Sehoneman to implement an emergency clause in the ordinance ~ o~der to have an effective date of January 1st, 1975, carried as follows: Mavor Jarstad, yes; Commissioner Stewart, no; Con~ssion~r Schoneman, yes. Mayor J~lmstad stated that if the ordinance cannot be passed on an emergency basis, the tax should he made retroactive to January 1, 1975, and he hoped to have cooperation of the businessmen in this! mespect. Motion by ~avor Jarstad and Commissioner Schon~an to pass 0rdinanee No. 3187 on second reading, ~--~n~ it to allow the tax to be re[~active to January 1, 1975~ eamried as foll(m~s: Mayor Jarstad, yes; Co~ssloner Stewart~ yes~ Cxw~lissioner Sohoneman, yes. MtMO - AI"rORNEY - OSCENT'J_'f LAWS Clerk read memo dated 11 December 1974 from Asst. City Attorney Jackson to City Clerk advisinK that City Council instructions to them ~as to postpone further work on an obscenity ordinance unless a problem anise; also, stated it is felt by their office that the City has adequate ordinances to cover this a~ea, unless unforseen problems amise. ORDINANCE N0. 3188 - TRANSIT SUBSIDY TAX Clerk r~d, -~econd reading, An Ordinance amending Section 1 of Ordinance No~. 2911 relatinK~ to the lewinK of a transit subsidy tax. Motion by ~hyor Jerstad and Cc~ssionem Schoneman to pass Ordinance No. 3188. Celia Barnhardt, asked the City Ooundil to explain what is meant in the ordinance by the phrase "business ~mit"; ~nether this means each building or each privately owned business within that building. City Attorney Walgren stated that this would mean each business within that buildinK, unless other- wise defined in the ordinance. Stated he would sub,nit this in wmitinK to the City Council. ~o~ion car~ied as follows: Mayor Jamstad, yes; Commissioner Stewal~t, no; C~,~issioner Schoneman, yes. CABLE TV - PROPOSED ORDINANCE Agents of Nationwide Cablevision were present, and the ordinance was discussed. Minop changes were made, and Commissioner Stewart directed this matter set aside until next meeting after further study. PAY BILLS ~tion by Cx~,,,~ssioner Stewart and C~ntissioner Schoneman to give a blanket aDproval of Vouchers No. U3~3 through B~3S in amount of $60,8~5.~8, as audited by John Ross; ear~ied unanlmousl¥l~ M~:~;I'ING ADJOURNED 1:0~ P.M. G.C. Ytl~I)ON, SR., CITY CLERK APPROVED: · JARSTAD, MAYOR