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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. -2- 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 -3- 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. -4- 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 -5- 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 - 7 - 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. -8- 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-