HomeMy WebLinkAbout06/08/77 UNAPPROVED MINUTES
CITY COUNCIL MINUTES
June 8, 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, June 8, 1977 at 9:05 A.M., PDST, with Mayor Jarstad presiding.
Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk
Yeadon, Asst. City Attorney Sexton, and a representative of the press.
Meeting was opened with the Pledge off Allegiance and invocation was given
by Pastor Glen Soule of the Manette Community Church.
MINUTES OF JUNE 1, 1977
Clerk read minutes of June l, 1977, Mayor Jarstad ordercd the minutes to
stand approved as amended.
SEPARATIONS
William C. Toffry III, 1st yr. patrolman, Police Dept., 6/2/77.
Betty Jean Smith, Toby Lee Mosher, William Grady Stone and Kelly A. Pierce,
Parks & Recreation Dept., Part-time playleaders, 6/8/77.
Motion by Commissioner Stewart and Mayor Jarstad to approve separations,
carried unanimously.
NOTICES OF EMPLOYMENT
Kurt Leroy Spitzer, Extra Labor, $3.50 per' hr., 6/8/77.
William Sloan Sturgeon, Extra Labor, $3.50 per hr., 6/15/77.
Richard E. Norton, Summer Band Director, $150.00 per mo., 6/8/77.
Laurie Ann pendergast, part-Time playleader, $5.00 per hr., 6/8/77.
Jane M. Shiers, part-Time playleader, $2.75 per hr., 6/8/77.
Cathy J. Monroe, part-Time playleader, $2.75 per hr., 6/8/77.
Michael R. Mollison, Extra Labor, $2.50 per hr., 6/8/77.
Joe David Knight, 1,ifeguard, $2.95 per hr., 6/8/77.
William Roy Hobaugh, part-Time playleader, $2.75 per hr., 6/8/77.
Linda Marie Henry, part-Time playleader, $2.75 per hr., 6/8/77.
Sheree Crosier, Swimming Pool Manager, $4.00 per hn., 6/8/77.
Rosanne Cassels, part-Time playleader, $3.00 per hr., 6/8/77.
Cheryl Ann Carpenter, Swimming Pool Cashier, $2.60 per hr., 6/8/77.
Pamela Marie Cainan, part-Time playleader, $5.75 per hr., 6/8/77.
Ronald J. Anderson, Part-Time playleader, $2.75 per hr., 6/8/77.
Craig L. Hegdahl, Extra Labor, $5.50 per hr., 6/8/77.
Notices of employments are all from Parks g Recreation Dept.
Motion by Mayor Jarstad and Commissioner Stewart to approve notices of
employment, carried unanimously.
CHANGE OF PAY STATUS
Debra C. Williams, police Dept., Office Asst. II to Office Asst. IlI,
$4.04 per hr. to $4.41 per hr., 6/13/77.
Motion by Mayor ,larstad and Commissioner Stewart to approve change of
pay status, carried unanimously.
PAYROLL VOUCHERS
Claims Fund, Payroll period 5/16/77 through 5/29/77, FICA and Bank Service
Fees, $5,424.39; and Salary Fund, gross payroll for' same period, $256,073.59,
both audited by John R. Ross.
Motion by Commissioners Stewart and Schoneman to approve payroll vouchers,
carried unanimously-
LICENSE AppLICATIONS
Taxicab Drivers Licenses: Virgil Mendenhall 0lmsted, approved by Capt.
Johnson for Chief of police and Nancy May DeLong, approved by Chief'
Devery.
Rides: Ralph Meeker, approved by Asst. Chief Kvistad, Fire Dept. and
Building Inspector.
Motion by Commissioner Schonelnan and Mayor Jarstad to approve license applica-
tions, carried unanimously.
CITY COUNCIL MINUTES
June 8, 1977
Page two
CLAIM FOR DAMAGES
Kay Wilson, $32.00 for shoes and hosiery scuffed and torn when she stumbled
on sidewalk in front of Bremer's Dept. Store. Clerk stated a copy of the
claim had been sent to the Street Dept. and the insurance company.
CLAIM VOUCHER - COONTZ SCHOOL SITE
Clerk presented claim voucher for $500.00 for first payment on lease of Coontz
School site, This will be taken out of the Cumulative Reserve for General
Municipal Purposes Fund.
Motion by Commissioner Stewart and Mayor Jarstad to approve claim voucher for
$500.00 for lease of Coontz School site for one month, carried unanimously.
CHANGE ORDER FOR VENA RESERVOIR
Clerk read memo from Water Superintendent, dated June 7, 1977, which stated
that the State Health Dept. received information from the EPA that Coal Tar
Coatings are potential health hazards. It stated further that the paint
that has met with EPA approval would cost $4,400.00 more.
Motion by Commissioners Schoneman and Stewart to approve change order to
Union Tank Works for $4,400.00 more to change the type of paint, carried
unanimously.
LOAN 0N SHIP MODELS
Clerk read letter from Dept. of Navy, dated June 2, 1977, which stated the
Government is agreeable to extending the agreement for the loan of ship
models for one year.
Motion by Commissioners Stewart and Schoneman to approve loan agreement and
authorize mayor and city clerk to sign for the City, carried unanimously.
PROJECT FUTURE
Clerk presented letter from Project FUTURE, Bremerton School District, dated
June 3, 1977, which reviewed some of the aspects of the project FUTURE program.
Clerk stated this letter will be on file.
HEARING DATE CHANGE - LANCE HAYNES REZONE
Clerk reported that Lance Haynes has requested that his hearing be rescheduled
for sometime in June because he will be out of town for the month of July.
Clerk stated it would be rio problem to set the date for his hearing on June
29, 1977.
Motion by Commissioners Stewart and Schoneman to reschedule Lance Haynes
Rezone hearing for,June 29, 1977 at 10:50
SURPLUS EQUIPMENT - CHAIN SAW
Cler'k read memo from Water Supply Supervisor, dated June 7, 1977, which
requested approval to declare one 04S AV Stikle Chain saw surplus so it can
be traded in on a new one. it also requested transfer of one 1952 Willys
Army Jeep from Water Supply to Wastewater.
Motion by Commissioners Sehoneman and Stewart to declare chain saw surplus
and transfer jeep to Wastewater, carried unanimously.
CALL FOR ESTIMATES CITY GARAGE ROOF
Clerk read memo from Street.Superintendent, dated June 7, 1977, which requested
authorization to call for estimates to repair the City Garage Roof.
Motion by Commissioners Schoneman and Stewart to call for bids to repair the
City Garage Roof, carried unanimously.
CHANGE ORDERS - WHEATON/SYLVAN
Clerk presented memo from City Engineer, dated June 7, 1977, which gave status
of five change orders on Wheaton/Sylvan Way. It stated that the contract will
be completed by July 31, 1977, except for traffic signal system which will
depend on the actual delivery of the equipment.
DOWNTOWN BREMERTON BI-MONTHLY ACTIVITY REPORT (2nd half of May, 1977)
Clerk presented bi-monthly activity report for the Downtown Bremerton Redevelop-
ment Project, dated June 1, 1977. Stated this is on file in the City Clerk's
office.
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C1TY COUNCIL MINUTES
June 8, 1977
Page three
JAMES SKIRVING - DIVERTING GROUND WATER
Clerk presented report on Informal/Pre-hearing Conference held before the
Pollution Control Hearings Board. Clerk stated the hearing will be held
June 28, 1977 at 9:30 A.M. in the Board's office, Number One South Sound
Center, Lacey, Washington on the merits and issues of the issuance of
Emergency Authorization to Divert Ground Water to James Skitying.
"A-1" FINANCIAL RATING (Letter from First Washington Corporation)
Clerk read letter from First Washington Corp., dated June 3, 1977, which
congratulated the City of Bremerton for receiving an "A-1" rating on its
general obligation bonded indebtedness.
BREMERTON ARMED FORCES OBSERVANCE {Letter from Chamber of Commerce)
Clerk read letter from Bremerton Area Chamber of Commerce, dated June 3,
1977, which thanked the City for the support given to the 1977 Bremerton
Armed Forces Observance.
MENTOR ANNEXATION
Clerk read letter from Kitsap County Boundary Review Board, dated May 27,
1977, which stated that jurisdiction will not be invoked on the Corbett Dr.
Annexation to Bremerton (Mentor); that the filing date on this proposal was
April 4th, and the sixty day period for objections to be Filed will expire
June 4th. This letter was placed in the Mentor Annexation file.
PRICE WATERHOUSE a CO. PROJECT WORK PLAN
Clerk read letter from Price Waterhouse, dated June 3, 1977, addressed to
the mayor, which stated they had modified the scope of their project work
plan and the cost estimate for completion of Phase I. This phase is pro-
posed to undertake a comparative performance analysis. The cost, if they
use the informakion contained in the 1976 annual reports for eight to ten
selected Washington cities, would be $1,000.O0. If 1975 annual report
data can be utilized, the estimated cost would be $500.00 to $700.00. Under
discussion: Commissioner Stewart stated this firm wanted $2,000.00 For the
work and he had questioned the amount and so they have sent this modified
proposal. The work proposed is in the form of a performance analysis of
each department in the City and comparing costs with other cities on a
per capita basis. He stated there would be a second phase and he would
like to have the cost for the further work before he suggests to City Council
that the City approve going into the study.
TEAMSTER'S UNION CLAIM FOR PAYMENT (Transit)
Clerk read memo From City Auditor, dated June 7, 1977, which stated that he
will contact the transit operator to determine the City's responsibility for
the bill submitted from the Teamster's Union. It stated further that Mr.
Schumacher, Supervisor of Pension Adminstration, has agreed to have an answer
by June 24, 1977.
ANNUAL ADJUSTMENT IN WATER RATES - DEPT. OF NAVY
Clerk read letter from Dept. of Navy, dated June 1, 1977, which explained
their letter of April 7, 1977. It stated that if the City requires an annual
adjustment in rates, it is suggested that the City furnish its annual operating
cost data and at conclusion of negotiations for a mutually acceptable rate,
the new rate would be incorporated by a contract modification and would be
retroactive to Jan 1 immediately succeeding the year ending Dec. 51 for which
the cost data was submitted. Under discussion: Mayor Jarstad stated this was
a firm commitment that it will be retroactive. Commissioner Stewart stated
he would give them a statement of costs at the end of nine months; that three
months is enough time for negotiations.
SUGGESTIONS FOR PLANNING COMMISSION MEETINGS (Marjan Olsen)
Clerk read letter from Marjan 0lsen, dated May 31, 1977, which gave suggestions
for Planning Commission Meetings. She suggested: (1) The time of meeting to
be after the working members and public have had time for dinner; (2) Meetings
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CITY COUNCIl MINUTES
June 8, 1977
Page four
to be held twice a month; and (5) A time limit of 10:00 be set and an
extension of time only be allowed at the discretion of the chairman. Commis-
sioner Stewart stated he had no objections at all to the suggestions. Mayor
,jarstad suggested referring the letter to the Planning Commission and give
them the Flexibility to arrange their meetings when it is convenient for them.
STATEMENT OF CANVASS - May 17, 1977 Election
Clerk presented Statement of Canvass for the May 17, 1977 election. This
statement is on File in the City Clerk's office; date of canvass is May 27, 1977.
BREMERTON SHORELINE MANAGEMENT MASTER PROGRAM - Notice of public Meetings
Clerk presented notice From Bremerton Planning Dept., which stated two meetings
are scheduled to give the people of Bremerton an opportunity to review and
comment on Bremerton's proposed Shoreline Management Master Program. These
meetings will be held on June 6, 1977 at 7:50 P.M. at West High School Cafeteria
and June 7, 1977 at 7:50 P.M. at Sheridan Park Community Building Lounge.
SALVAGE OF FURNACE NO. 1, SHERIDAN PARK COMMUNITY BUILDING
Clerk read memo From Parks Superintendent, dated June 2, 1977, which stated
the Parks Dept. is salvaging all materials that can be used From Furnace No. 1
for replacement parts on Furnace No. 2; that all sheet metal panels, ducts,
including flues and fire box, have no value and will be disposed of as junk.
Motion by Commissioner Stewart and Mayor Jarstad to concur with Parks Superin-
tendent, carried unanimously.
SUMMER YOUTH PROGRAM SPEDY)
Clerk read memo from Asst. Parks Superintendent, dated June 2, 1.977, which
attached a copy of the Parks Dcpartment's Summer Youth program (SPEDY) applica-
tion; that the Parks Dept. is looking forward to being a host agency again.
Motion by Mayor Jarstad and Commissioner Stewart to concur in the SPEDY Program,
carried unanimously.
ROBERT E. JOHNSON PAYMENT SCHEDULE FOR DAMAGE TO CITY VEHICLE
Clerk read memo from Asst. City Attorney Washington, dated June 7, 1977, which
stated that he had no way of contacting Mr. Johnson to arrange a payment
schedule and suggested that the Council authorize someone to work out the
details for an agreement. Commissioner Stewart stated that Mr. Johnson must
bc required to have collateral or a co-signer or he will not be given his
driver's license.
Motion by Commissioner Stewart and Mayor Jarstad not to release or give him
back a driver's license without collateral or a co-signer and wife and signing
note and holding him to pay 12% interest until it is paid off, carried
unanimously.
FEDERAL PUBLIC WORKS ALLOCATION
Mayor Jarstad stated he had just received a note that an allocation under the
Federal Public Works Bill had been made to the City of Bremerton in the amount
of $l,742,000.00. These funds should accomplish the project which the voters
approved last Fall; that is, art activity center. Commissioner Stewart con-
gratulated the mayor on his hard work in helping to obtain the grant. Mayor
Jarstad commented that if Eastpark is the No. 1 site, the City will then get
on rapidly because of the deadlines in the grant application. Mr. Theroux,
Grants Administrator, noted that the City will have to negotiate with the
School District in the division of the funds. Commissioner Stewart did not
agree and it appeared that further checking would be done on this point.
CALL FOR BIDS - 0FFICIAL BANK
Commissioner Stewart stated the City could receive some benefits from calling
for bids for a bank to use for its checking account; that this is being done
in other cities.
Motion by Commissioner Stewart and Mayor .Jarstad to go out for bid call for
City's checking account, carried unanimously.
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CITY CDUNCIL MINUTES
June 8, 1977
Page five
COMMISSIONERS REPORTS
Commissioner Stewart:
1. Had a meeting with the bus company and the account is about $3,000.00
in the black for the first four months. Looking at all of the routes. Not
using all the City's buses and Mr. Olsen says there should be a reduction
on the insurance because of this. Most buses are used at night when there
are 13 and in the morning, there are ten.
2. Has made some phone calls regarding cities that have no zone restrictions,
one of which is Houston, Texas. It said, in his opinion, the City's present
zoning methods were creating a hassle many times. Also noted that Renton and
Seattle have a hearing examiner and the City Council would look at the testi-
mony only which would cut down on some of the delays and expense. Stated there
has to be a better system and these are two ideas the commissioners should
think about. The zoning is handled in Houston through deed restrictions or
covenants. Stated he would pursue this a little further. He commented that
if something like this were made possible, then the Planning Commission could
spend its time on planning. Stated he has not seen any plan yet that could
better the City.
Ccmmissioner Schoneman:
1. Have had a good week in the progress of construction. Wheaton and Sylvan
Way coming along great. Sheridan Road being done by Street Dept.
2. Has a report on the Bridle Ridge well being dug by PUD. Down to about
900 ft. and they have encountered fine sand and hope they can seal that out.
Lost a drilling tool at #8 well and the crews are fishing it out. Pump for
well #4 has been delivered and will be installed this coming week. Casad
Lake is holding its own and with the current rainfall, the lake did rise one
Foot.
3. Has been in contact with Fisheries Dept. in Olympia and requested they
Furnish a design for a proper fish rearing pond. This information will be
given to the City and the City will design its own from their information.
This met with enthusiasm by the Fisheries Dept. that the City will get back
into raising from one million to 1 1/2 million salmon at the Gorst Creek Pump
Station.
4. Congratulated Asst. City Attorney Sexton For doing a good job in defending
the City in connection with the suit of North Kitsap Gravel and Asphalt Co.;
that the City was successful in that case.
5. Gave clerk letter to read from Washington Wastewater Collection Personnell
Association, dated June 4, 1977. Clerk read letter notifying that four City
employees, John H. Bykonen, John R. Feltenberger, Steven L. Jaynes and Donald
E. Proctor, have been successful in passing certain examinations and stated
that the City was fortunate to have a man of Dr. Donald Proctor's capabilities
in Wastewater'. Stated that the training the employees are receiving from him
is over and above that which they are receiving in the other area..
Asst. City Attorney Sexton:
Stated he has received some preliminary legal opinion in the case of Mercer
Enterprises vs. the City of Bremerton and some research has been done in his
own office and he is now ready to give an opinion by which the City may be
able to settle the suit and issue a building permit. Mayor Jarstad stated
that a meeting should be held within a week and stated the City Council could
recess today and decide when the meeting would be held. Mr. Sexton stated
the commissioners could ,sect with him and then make a public decision about
meeting with Mentor Enterprises.
Mayor Jarstad:
1. Stated he had distributed reports of the Fire Dept. and there were 190
alarms. Last month had a high building loss, $59,000.00 and contents loss,
$23,000.00.
2. Last Saturday he felt compelled to call on the neighborhood people bounded
by Pine, Riddell and Wheaton Way concerning annexation petitions that he had
prepared because there arc ever 90 homes in that area and at the present time
they have utility agreements with the City that when the City deems it advis-
able, they would concur and sign annexation petitions. Stated he visited there
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CITY COUNCIL MINUTES
,June 8, 1977
Page six
because of analyzing the tremendous safety problem on Wheaton Way and the
tremendous congestion which has increased the usage of Wheaton Way from
20,000 to 40,000 vehicles per day and only one main roadway coming in; that
Commissioner Schoneman has done a yeoman job, because it is a State Highway,
by using his own crews. Stated that Wheaton Way had a No. 1 priority with
EDA to clean it up but support for this year has been delayed because of the
turmoil surrounding the zoning procedures in the Ross property and the split
in jurisdictions between the City and the County. Need to have under City
police ,jurisdiction because of accidents in that area and need to put the
people on notice that continuing the lawsuits where the City of Bremerton is
one of the parties keeps the City in limbo and keeps the City from improving
the roads. He stated the people are pursuing the petition for annexation.
Stated he wanted to be very loud and clear to those people who are holding
up public safety to the citizens of the City of Bremerton by holding up approval
of the Funds.
Commissioner Schoneman commented the City will have under construction this
year from Broad to Riddell unless they are stopped by a suit; that the City
has 1/2¢ gas tax funding. This improvement would be for Fifth laning - Wheaton
Way, Broad to Riddell.
Meeting recessed from 10:35 A.M. until 10:55 A.M.
HEARINGS - Vandepol, Park Place Apartments (McConkey) and Mentor Annexation
Motion by Mayor Jarstad and Commissioner Schoneman to hold Vanderpool, McConkey
and Mentor hearings at this time, in that order, carried unanimously.
VANDERPOOL REZONE DECISION
Commissioner Stewart stated he had visited the site and talked tn the neighbors
and the developer and everybody has agreed on four conditions, which are:
(1) The building roof height shall not extend more than 24 inches above the
SW corner' of Lot 5, Blk 3, Terrell's Addn.; (2} The madrona tree at the SW
corner of the Vanderpool property shall be removed; (5) All ingress and
egress off of Wycoff; and (4) Natural screening shall be installed at the
west edge of the site. Jack Cyr, attorney for 35 residents of the area,
stated the neighbors agreed to 22 parking spots as long as ingress and egress
was from Wycoff. Dean Dewell, representing the owner of the property, stated
that his client agreed with the restrictions.
Motion by Commissioner Stewart and Mayor Jarstad to approve the rezone from
R-1 to R-2 and the development be substantially the same as this site plan
with four restrictions added today and with a minimum of 22 parking spaces.
Under discussion: Mayor Jarstad thanked Commissioner Stewart for going out
and meeting with the residents of this area. Motion carried unanimously.
TAPE #106 PARK PLACE APARTMENTS REZONE (McConkey)
(A) 1178 Clerk stated he posted, published and mailed letters of notification as
required by law. He thcn read Planning Commission Resolution No. 405 which
recommended approval with four restrictions. Clerk read letter from Smith
Neighborhood Association, signed by George Coombs, President, dated May 12,
1977, which stated they approved the rezone. He then read the results of
the confidential advisory ballots and stated 32 were sent, 15 returned, 8
agreeing, 6 disagreeing and one neutral.
BID OPENINGS - Convert Furnace City Hall & Heat and Fuel 0il for City
Motion by Mayor Jarstad and Commissioner Schoneman to open bids at this time,
carried unanimously.
Convert Furnace:
Stirrett Johnsen: No bid.
Standard Plumbing a Nesting Co., inc: Bid bond enclosed, $8,484.72.
Motion by Mayor Jarstad and Commissioner Schoneman to refer bids to proper
committee for evaluation and recommendation, carried unanimously.
CITY COUNCIL MINUTES
June 8, 1977
Page seven
Heat & Fuel 0il for City:
Wilkins Distributing Co., inc: Cashier's check for $50.00 enclosed, Furnace
0il, $.3785 and Diesel Oil, $.3783.
Service Fuel Co., Inc: Cashier's check for $50.00 enclosed, Stove Oil, $.4?60,
Furnace 0il, $.4160 and Diesel Oil, $.4160.
Dane, Inc: Check enclosed for $50.00, Stove Oil, $.426, Furnace 0il, $.384
and Diesel 0il, $.384.
Standard Oil Co. of CA: insured check for $50.00 enclosed, Stove Oil, $.43,
Furnace Oil, $.41 and Diesel Oil, $.41.
Standard Plumbing & Heating Co., Inc: Stove 0il, $.521, Furnace Oil, $.435
and Diesel 0il, $.435, Money Order for $50.00 enclosed.
Motion by Commissioners Stewart and Schoneman to refer bids to proper committee
for evaluation and recommendation, carried unanimously.
McCONKEY REZONE HEARING (Continued)
Clerk presented Staff Review and read recommendations. Ken Attebery, Planning
Director, spoke about the proposed rezone using a sketch and a site plan.
Stated the proposed rezoning of this property, coupled with existing zoning
on Kenyon property, would enable the developers to pursue the developing of
the project. Described the zoning in the area. Stated there will be 115
parking stalls provided for 56 units and 40 boat moorage slips; amount of
traffic that will be generated will be 300 to 350 trips a day and most of
them will be in the morning and evening rush hour.
PETITIONER:
Paul McConkey, 1343 Lower Marine Dr., stated Bill Cusick and Frank Miles,
owners of Kenyon Materials, are his partners in this development. Gave the
background of the property and stated they felt the highest and best use of
the property is an apartment complex because of the close proximity to down-
town, the ferry terminal and the college. Stated this is a very unique
piece of property which would be ideally suited for boat moorage. Stated
they talked to the residents of the area to get their input, along with the
Dept. of Fisheries, Dept. of Ecology, EPA to determine the highest and best
use of the property. Stated there was very little negative input. Described
and explained the proposed development using a sketch from the architect. He
stated they want to build something that would fit with the contour and still
not block a lot of view; that this proposed development is what the neighbor'-
hood would like to have. Lynn Peterson, 1708 Park Ave., stated that most of
the neighbors are very much in favor of this development and rezone.
No one spoke in opposition to the rezone.
Motion by Commissioner Stewart and Mayor Jarstad that there not be an EIS
needed, carried unanimously.
Mayor Jarstad stated this development is a very positive approach to reestab-
lishing a large commitment to improve an area which over the years has been
one of Bremerton's finest neighborhoods.
Mayor Jarstad proposed the following motion: Motion to concur in the proposed
rezone and adopt recommendations of Planning Commission. This was followed
by discussion and Ken Attebery stated that rather than tie it to this site
plan because of the complex provisions of permits, he recommended a condition
which would limit this to multi-family development.
Mayor Jarstad proposed another motion to concur in the proposed rezone for
multi-family development and he suggested limitation and only be developed as
an integral part of this entire site with the Fire Dept. and Engineer's
recommendations. Under discussion: Mr. Sexton stated that it should only
use site plans sparingly because of a ruling in an Appeals Court. Mr. Attebery
read the recommendations of the Planning Commission which appear in Resolution
No. 405. Mr. McConkey commented that it was their understanding there is a
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CITY COUNCIL MINUTES
June 8, 1977
Page eight
six-inch line coming down Elizabeth that now goes to a four-inch hydrant
which is already proposed to be a five-inch hydrant. If that is done, he
was sure there would be plenty of water for all of their needs and the boat
moorage. Relating to the Park Avenue improvement being developed to the
satisfaction of the Engineering Dept., he considered this to be too broad
a requirement. He stated Park Avenue does need an overlay and assumes that
is what the City has in mind. Commissioner Schoneman stated this would include
upgrading the curbs, gutters and sidewalks. Also noted the main pressure line
runs outside the beach line and the development would have to take this into
consideration when putting in pilings.
Motion by Mayor Jarstad and Commissioner Stewart to approve rezone within the
conditions related by the Planning Dept. as conditions within those parameters
going with the rezone, carried unanimously.
JOE MENTOR ANNEXATION HEARING:
Clerk advised that he had posted and advertised as required by law. Clerk
read letter dated May 27, 1977, which stated the sixty-day period for objec-
tions would expire June 4th. Mr. Ken. Attebery, Planning Director, stated
it was brought to his attention that the county had requested the Boundary
Review Board to invoke jurisdiction and the request was made on June 3rd.
It was noted that the date of the letter from the city to the Boundary Review
Board was March 24, 1977. Mr. Sexton stated that according to established
court rules the 60-day period expired before June 3rd; therefore, he gave
his opinion that the Board could not invoke jurisdiction and the City Council
could go on with the hearing today. Mr. William Garland was present as
attorney representing one of the owners of the property being considered
for annexation, Clair Westfall, and adjoining property owner, Roy Jacobson.
He argued in favor of the June 4th date. Finally, Mr. Sexton stated there
was a three-day period allowed for mail delivery time and that would add
three days to March 24 which extended for sixty days would make the time
expire prior to June 3.
Motion by Commissioner Stewart and Commissioner Schoneman to proceed with
the hearing. Under discussion: Mr. Sexton stated his office, not him
personally, represented Joe Mentor on some items but not on this annexation
proceeding, Mr. Mentor stated this was correct. Mr. Garland stated he
did not agree with the counsel's opinion. Mr. Sexton stated he did not
find anything in the law that gives the Board exclusive jurisdiction in
going with the hearing and all that would happen would be to void the ordinance
at a later date; also, that the City Council could hold off the final ordi-
nance for three weeks. Motion carried unanimously.
Mr. Attebery reported on a telephone conversation that he and Mrs. Smith
had with the Boundary Review Board concerning the notice of appeal and
the belief that the area could not be annexed until this appeal is cleared
up. He then showed the area using a map. Stated there were Just two owners
involved: Joe Mentor and Clair Westfall. Showed that there was a truck
sales on the corner and a large fill to the west; commercial zone to the
west; residences to the north. Mr. Attebery recounted what had taken place
in previous hearing before the Council and the ordinance pertaining to
comprehensive plan and zoning. Some discussion had been held on set-backs.
Mr. Stewart stated he would like to have set-back but did not want to devalue
somebody's property.
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CITY COUNCIL MINUTES
June 8, 1977
Page nine
Mr, Joe Mentor spoke in favor of the annexation as 90% owner of the entire area.
Area to south is in city and north and west is in county and stated he did
not believe it would be possible to annex all at one time. Concerning drainage,
stated it is to Phinney Bay and did not think it would make any difference
whether the property was in the city or the county as far as drainage is
concerned. Stated it doesn't make any difference whether in the city or the
county as far as building is concerned. If in city would be able to hook to
sewer instead of installing a septic tank. Also, stated that Mr. Westfall
could not do much to his property without a drain field but he could hook
into the sewer system if in the city. Stated there is a question of deeds
and whether there is a straight cut-off or a little jog in the front of the
property. Question whether there is a set-back. Mr. Mentor appeared to
favor set-back as a policy because of other buildings in the area being set-
back. He said he would like to see a set-back so in the future won't have
a building in the front of the property. Noted that parking could be in the
rear. Mr. Sexton stated that in reading the statutes the set-back question
arises in zoning and comprehensive planning and does not affect this hearing.
Ernie Lambert, owned property down behind Reed property, discussed the fact
he did not want to be in annexation and was informed that his property was
not involved.
Mr. William Garland, attorney, discussed a deed which had been filed and
that Mr. Mentor's title search was in error aDH that the vehicles in front
of Mr. Westfall's building are parked on Mr. Westfall's property.
Mr. Garland spoke in opposition to the rezone, that Mr. Westfall does not
want to be in the city and was not included in Mr. Mentor's proposal to
bring him in to the city. Mr. Jarstad stated the city would not consider
any annexation unless it went to Corbet Drive and complied with Boundary
Review Board policy. Mr. Garland stated the city's comprehensive plan
encompasses a large area for commercial and, therefore, the city should
be considering a larger area for annexation otherwise claimed this is "spot"
annexation. Commissioner Stewart stated unless the area comes in in pieces
it won't come in.
Mr. Garland talked about the site; steep drop; drainage through from an area
to the south. Also, discussed the fill of 37' above the level of Mr. Jacobson's
property and the large block wall immediately adjacent to that property.
He said if the Council annexes, it will be sanctioning the obliterating of
light and air for Mr. Jacobson's home. The requirement of light and air, he
said, is a part of the comprehensive plan. Mayor pointed out that the county
had done a poor job in requiring certain things to be accomplished.
Mr. Garland called attention to litigation against Mr. Mentor and furnished
a copy to the city clerk of the Judgment. Considerable discussion followed
concerning the requirements of the Judgment and finally Mr. Sexton stated
the court's judgment would have to be followed whether the property was
annexed or not and the only legal action that may have to be taken by Mr.
Garland is to go back to the court and have the judgment amended. Considerable
discussion followed concerning the drainage of about 200 acres to the south
through a culvert and the drainage of surface water from Mr. Mentor's property.
In any event, he will have to comply with the court judgment. Mr. Garland
stated his concern was that Mr. Mentor may be able to avoid following the
Judgment but he was assured several times by Mr. Sexton that he would not
be able to do so. Mr. Schoneman commented that water will have to be taken
care of under the building permit system of the city. Also, Mr. Sexton
stated that the city can solve surface water but the drainage is a different
problem.
Mr. Garland asked that no action be taken by the City Council until the
matter of jurisdiction with the Boundary Review Board is resolved; and
until the matters have been cleared which have been worked on by people
since 1974, such as any construction or building or improvement of the
property; that this should be resolved in the forums in which this was
started and not bring in a number of other people.
-9-
CITY COUNCIL MINUTES
,June 8, 1977
Page ten
Considerable time was taken concerning ground water and surface water and
drainage of large portions of acreage through the Mentor property.
Ed Swan, 1309-1313 Corbet Drive, no objection to annexation, but very con-
cerned about the water coming off Mr. Mentor's property, in the event it
is blacktopped. Mr. Schoneman discussed the fact that there has always
been a natural water course for run-off of the area and the culvert is
adequate to take care of it because the water does not back up on the other
side.
Mayor Jarstad stated the city does not want to be a party to subverting the
rule of the court but felt the property could be annexed so the property owners
can use the benefits of public safety, etc. Mr. Sexton again explained the
judgment is between the plaintiff and Mr. Mentor and there might have to be
a clarification made by the court. Mr. Garland suggested that there were
set-back, sloping and drainage requirements under Chapter 70 and the city
has no ordinance that enforces that. Mr. Garland further suggested delaying
decision until he can find out what kind of arrangements can be made with
the court. He said that Mr. Jacobson has suffered severely with the water
drainage and that he is guarding jealously their ability to get it straightened
out. Mr. Garland drew a map on the blackboard to illustrate the drainage
problem. Showed where manholes should be placed on Mr. Mentor's property
because of the bends in the line. Mr. Garland also suggested delay until
the property is developed by an agency that has the same power as the city
has plus the control of the drainage. Mr. Mentor stated he was not going
to rebuild a culvert which is under thirty feet of fill and that he can't
control the water that comes out of the 200 acres of city property.
Mr. Sexton advised that he did not think the lawsuit has any affect on the
city; that the city is going to enforce its building code and the court will
adjust their decision.
Roy Jacobson, 1121 Corbet Drive, stated Mr. Mentor changed the water course
and he got water over his patio.
Cormnissioner Stewart stated he would rather have Mr. Garland go back to the
court and the city council could pass an emergency ordinance to give city
control.
Commissioner Schoneman stated the question is whether or not the property
should be annexed to the city. He stated for the growth of the City of
Bremerton he favored the annexation; so they can have the protection of
fire and police, etc. He stated the area is contiguous to the city and
the future annexations will occur toward the Marine Drive area.
Motion by Commissioner Schoneman and Mayor Jarstad to accept this portion
of ground for annexation. Under discussion: Mayor Jarstad gave cow~ents
backing his stand for annexation and that he wanted to see redress of any
wrongs committed on Mr. Jacobson and that he wanted no action of this Council
to affect the court decision; however, stated as long as he has been assured
that the annexation will not affect the court action in any way. Mr. Sexton
stated the city has not affect legal rights and they might have to go back to
court to get an adjustment. Also, the ordinance on the building code could
be amended to include the appendix that covers drainage water.
Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, abstained,
stating he would like to have a week's time and would like to call Prosecuting
Attorney Franz and he did not want to damage someone's property or take away
their rights; Commissioner Schonenan, Yes.
Meeting recessed until 3:30 P.M. today.
Recessed City Council was called to order at 3:55 P.M. with Mayor Jarstad
presiding. Also present were Commissioner Stewart, Commissioner Schoncman,
City Clerk Yeadon and Asst. City Attorney Sexton.
CITY COUNCIL MINUTES
June 8, 1977
Page eleven
MERCER ENTERPRISES - KITSAP LAKE PROJECT
Mr. Sexton gave background information regarding the letter from Jerry Hillis,
attorney for the Firm, and stated he had discussed the proceedings thus far
and suggested a meeting be held in public but not during a regular City Council
meeting For the purpose of hearing Mr. Hillis and allowing the Kitsap Lake
Group to join in the meeting. Thus it could be seen how the proposal of
Mercer Enterprises fits in with the Kitsap Lake area and would assist the
City Attorney in evaluating the lawsuit. Mayor Jarstad favored the recommended
procedure.
Motion by Mayor Jarstad and Commissioner Stewart to instruct City Attorney
to be in contact with the attorney representing Mercer Enterprises and see
what their response would be to have a public meeting to pursue negotiations
and bring in the parties suggested by the City Attorney. Under discussion:
Commissioner Stewart stated this would be a public meeting and anyone interested
could look at the site plans which should be brought to the meeting. Mr.
Sexton clarified that the meeting would be public but not as a rezone where
everyone can get up and say something. The discussion will be between the
commissioners and through the City Attorney's office and their attorney and
the Kitsap Lake Association. Motion carried unanimously.
VENA/SANDRA LANE RESERVOIR TRANSMISSION LINE
Clerk presented Claim Voucher from Hall's Remodeling for installation of
pipe and fittings for Vena/Sandra Lane Reservoir transmission line in the
total amount of $35,326.77, audited by John Ross.
Motion by Commissioners Schoneman and Stewart to approve payment of claim,
carried unanimously.
PROCLAMATION - 202nd BIRTHDAY OF ARMY
Clerk read proclamation proclaiming June 14, 1977 to be recognized as the
202nd birthday of the Army.
COASTAL ZONE MANAGEMENT CONTRACT
Clerk read memo from Planning Director, dated June 8, 197Y, which stated he
had reviewed the Memorandum of Agreement regarding Bremerton's FY 78 Coastal
Zone Management Grant; that he did not find anything out of the ordinary and
they are typical of prior agreements. Suggested that his name bc entered
into the Agreement as Project Coordinator. Commissioner Stewart questioned
the need for the grant and Mr. Attebery explained the number of things that
the grant will do and the necessity for the work in refining previous Shore-
line Management Programs. Also it will assist in integrating the shoreline
philosophies and the zoning ordinance and other codes that the City has in
force now so there is no conflict. Mr. Attebery stated these were requirements
and this money would assist in defraying area costs. Commissioner Stewart
stated the only thing that would cause him to vote for it is the question
of requirements of state law to do certain things.
Motion by Mayor Jarstad and Commissioner Schoneman to accept the grant and
authorize the mayor and city clerk to sign for the City, carried unanimously.
BILLS
Motion by Mayor Jarstad and Commmissioner Schoneman to give blanket approval
to vouchers 7223 and 7225 to 7286 inclusive in the amount of $41,862.52,
audited by ,John Ross, carried as follows: Mayor Jarstad, Yes; Commissioner
Stewart, Abstained due to a minute interest in ITT Grinell; Commissioner
Schoneman, Yes.
CAPITAL IMPROVEMENT GRANT (Activity Center/Swimming Pool)
City Council discussed with Robert Theroux and Andrew Pendergast some of the
details of the requirement of the grant award and concerning negotiations with
the School District regarding the division of the funds. Mayor Jarstad asked
Mr. Theroux and Mr. rendergust to start interviews a week from Monday in con-
nection with architects for the new construction.
Meeting adjourned at 5:00 P.M.
Approved:
G. C. Yeadon, St., City Clerk
Glenn K. ,Jarstad, Mayor -11-