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HomeMy WebLinkAbout05/18/77 CITY COUNCIL MINUTES May 18, 1977 Regular meeting of' the City Council of the City of Bremerton, Washington was held in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, May 18, 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 members of the press and radio. Meeting was opened with the Fledge of Allegiance and invocation was given by Rev. Mel Unruh of the Summit Avenue Fresbyterian Church. MINUTES OF' MAY 11, 1977 Clerk read minutes of May 11, 1977. Mayor Jarstad ordered the minutes to stand approved as read. NOTICES OF EMPLOYMENT Ronald Lee Mauel, Fire Dept., Starting Firefighter, $4.51 per hr., 5/16/77. Thomas Mark Ellington, Fire Dept., Starting Firefighter (CETA), $4.51 per hr., 5/16/77. Keith J. Lidstrom, Parks & Recreation, Extra Labor, $2.40 per hr., 5/18/77. Dennis E. Perkins, Fire Dept., Starting Firefighter, $4.51 per hr., 5/14/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Notices of Employment, carried unanimously. CHANGES 0F PAY STATUS Daniel J. Siegner, Fire Dept., 1st yr. firefighter to 2nd yr. firefighter, $4.51 per' hr. to $4.69 per hr., 5/19/77. Kenneth D. Nolmes, Fire Dept., 1st yr. firefighter equip. main. to 2nd yr. firefighter equip. main., $4.60 per hr. to $4.78 per hr., 6/4/77. Motion by Mayor Jarstad and Commmssioner Stewart to approve Changes of Pay Status, carried unanimously. EMPLOYEES' RETIREMENT FUND FOR JUNE 1977 Clerk presented employees' retirement fund for June, 1977 in the gross amount of $3,355.46, audited by John R. Ross. Motion by Commissioner Stewart and Mayor Jarstad to approve retirement fund fop June, 1977, carried unanimously. TAXICAB DRIVERS LICENSE APPLICATION Gall L. Rogers, approved by Capt. Johnson for Chief of Police. Motion by Mayor Jarstad and Commissioner Stewart to approve taxicab drivers license application, carried unanimously. TREk; REMOVAL PERMISSION (Stevenson Canyon Park/Foster property line) Clerk read letter from Foster-Brown Development Co., dated May 12, 1977, which requested permission from the City Council to remove a large fir tree straddling the property line between private property owned by Foster-Brown and that owned by the City as potential park area. The letter Further stated that they have the facilities and equipment at the site to remove the tree safely. Clerk then read memo from Parks Superintendent, dated May 17, 1977, which referred the letter to the City Council for action and recommended that the City's insurance carrier be contacted for their opinion. During discussion, Mayor Jarstad stated that 2/3 of the tree is on their property. Commissioner Schoneman stated it would be dangerous to leave the tree if they are going to build there. Motion by Commissioners Schoneman and Stewart that they fall the tree, cut it up and give the City the wood for use in the Parks Dept., carried unanimously. REZONE APPLICATION ON KITSAP WAY Clerk read letter from Howard & Ruth Whitney, dated May 13, 1977, which stated they are opposed to any rezoning of the area on Kitsap Way just west of Lower Oyster Bay Road which would attract transient people, or any business which would detract from the features contributing to a good residential area. Clerk stated this should be referred to the Planning Commission. CITY COUNCIL MINUTES May 18, 1977 Page two LOAN OF EXHIBITION SRIP MODELS Clerk read letter from David W. Taylor Naval Ship Research and Development Center, dated May 11, 1977, which stated the termination date of the contract covering the loan of exhibition ship models is June 4, 1977; that the exhibi- tion period may be extended upon written request from the City. Motion by Mayor Jarstad and Commissioner Schoneman to request extension of the contract covering the loan of exhibition ship models, carried unanimously. NAVAL SHIPYARD MUSEUM DONATIONS Clerk presented letter from Ruth M. Olsen, Curator of Naval Shipyard Museum, undated, regarding some general matters that she would like to have the City help her with and one of those is concerning retaining the use of the donation box revenues for use of the Naval Shipyard Museum. Her letter stated that the Executive Board of the Historical Society has voted that she was to turn over all books to the treasurer and she is reluctant to do this until she receives assurance that the money will be used only for the Naval Shipyard Museum. Clerk then read letter from Gideon Hermanson, President of the historical Society, dated May 9, 1977, to which he attached a statement of policy for operation for the Puget Sound Naval Shipyard Museum. He asked that this statement be reviewed, modified and action taken on the proposal. One of the items of interest in the policy statement is a request to the City to provide for parking for two cars during museum hours either on state ferry land or inferred on-street. Both letters were referred to Mayor Jarstad and it was concluded that contact should be made with the people to straighten out their differences. Motion by Commissioners Stewart and Schoneman that the mayor talk to Mr. White of the Ferry Dock and see if arrangements can be made for two parking spaces. CERTIFICATION OF LAVERN L. MEYER Clerk read letter from Mark D. Spahr, Board Secretary of the Dept. of Social and Health Services, dated March 25, 1977, which stated that a Certificate of Competency is being issued to Lavern L. Meyer as a Cross Connection Specialist I. SLOPE EASEMENT (James Fitzwater) g SIDEWALK EASEMENT (Floyd Peterson) Clerk read memo from Asst. City Engineer, dated May 17, 1977, which attached slope easements from James Fitzwater and Floyd Peterson and a sidewalk ease- ment from Floyd Peterson. Motion by Commissioners Schoneman and Stewart to accept easements and refer to City Attorney's office for approval as to form and send for recording, carried unanimously. CHANGE ORDERS NO. 2 & 3, WHEATON WAY AND SYLVAN WAY Clerk presented change orders no. 2 & 3 for Wheaton Way and Sylvan Way inter- section. Clerk read memo from Asst. City Engineer, dated May 13, 1977, which stated the total cost for change order #2 will be $250.00. He then read memo from Asst. City Engineer, dated May 17, 1977, which stated the total cost for change order #3 will be $750.00. Motion by Commissioner Schoneman and Mayor Jarstad to approve two change orders and authorize mayor and city clerk to sign for the City, carried unanimously. SET HEARING DATES Clerk presented memo from Planning Dept., dated May 18, 1977, which requested that hearing dates be set for the following: Joe P. Kinney Rezone, Herbert Dick Rezone, George Vanderpool Rezone, Park Place Apartments (Paul McConkey) Rezone and Cyr/Tempio Change of Lane Use Restrictions. Clerk suggested setting Kinney, Dick and Vanderpool Rezone Hearings for June 1, 1977; Park Place Apart- ments (Paul McConkey) for June 8, 1977; and Cyr/Tempio hearing for June 15, 1977. Motion by Commissioner Stewart and Mayor Jarstad to follow recommendation of City Clerk and set hearing dates for those days, carried unanimously. -2- CITY COUNCIL MINUTES May 18, 1977 Page three CHANGE CITY COUNCIL DATE Commissioner Schoneman commented that the date for City Council Meeting will conflict with the AWC Annual Convention to be held the week of June 2Oth. Motion by Commissioner Schoneman and Mayor Jarstad to change date for City Council Meeting from June 22, 1977 to June 20, 1977, carried unanimously. PROCLAMATION - MEMORIAL AND BUDDY POPPIES DAYS Clerk presented Proclamation of Mayor proclaiming May 20 and May 21, 1977 as Memorial & Buddy Poppies Days. BILLS Motion by Commissioner Schoneman and Mayor Jarstad to give blanket approval to vouchers 6916 to ?031 inclusive, in the amount of $95,669.O1, EXCEPT voucher 6951 in the amount of $477.48, audited by John R. Ross, carried as Follows: Mayor Jarstad, Yes; Commissioner Stewart, Abstained due to a minute interest in ITT GRINNELL; Commissioner Schoneman, Yes. PROCLAMATION - NATIONAL TRANSPORTATION WEEK Clerk read Proclamation of Mayor proclaiming May 20, 1977 as National Defense Transportation Day and the week of May 15, 1977 as National Transportation Week. Capt. Frederick Kela, U.S. Naval Supply Officer, PSNS, and a delegation were present. COMMISSIONERS' REPORTS Commissioner Schoneman: 1. Suggested and requested that the City Council have an appraisal of ten acres that the City owns in Meadowdale area which was purchased from Dr. Bender to build a well. The property is very valuable now and cannot use the well placed there. Have a lot of problems in the area with motorcycles and there has been considerable vandalism. The well is too far from water dept. service area; therefore, will negotiate with North Perry Water District to buy the well and the half acre which goes with it, but the balance should go back on tax rolls. Motion by Commissioners Schoneman and Stewart to have proper appraisals, carried unanimously. 2. Suggested City Council review all City property holdings within the corporate limits as the City has purchased land in the past which is not needed; For example, the lots on Constitution Avenue. These properties should be evaluated and disposal made of those not needed. There seems to be a shortage of land for development. Commissioner Schoneman indicated he would have the meeting with the other two commissioners and go over each piece of property and determine which ones should be sold. 3. Bridle Ridge well that is being drilled by PUD is down to 950 ft. but the drillers hit a snag. They will enlarge the hole and it looks like it will be a successful well. 4. Building permits for first part of May - 40 issued for a total valuation of $442,566.00. One permit of great interest was that issued to Joe Mentor on Kitsap Way for placing piling For foundations. This is for a proposed motel. No permits have been approved outside of the piling construction at this time. When plans are submitted, then the balance will be receiving permits accordingly. Will have to have a full set of plans and review by various departments. 5. On the Sheridan Road reconstruction, the Street Dept. will complete its portion and is moving in at this time. Some easements were received today and the City will need additional easements. 6. Have not had contract back from contractor who will be doing the Sheridan Road construction. Expect to be hearing from him today as well as from the State. 7. Congratulated the Bremerton-Kitsap Board of Realtors for contributing $250.00 for construction of five handicapped ramps. 8. Received a letter from Altrusa Club who has collected $600.00 and would like to use it for rcsurfacing the tennis court area at Westpark. Stated he will review the site and see if the Westpark people will share in the costs. -3- CITY COUNCIL MINUTES May 18, 1977 Page four 9. Have some locations in the City that demand clean-up. One is on Kean Street and he would like to suggest that the City Council have an ordinance prepared or if the City has an ordinance making it mandatoryto clean up junk in the yards, he would like to see it enforced. Specific location of his remarks is the Burley property on Kean Street. Has a letter concerning the situation there. Me asked the City Attorney if the City can tell a person what he can have on his land. Mr. Sexton stated the person has to come within certain definitions; they can't create a health hazard and noted there are different references in the various ordinances. He would like to have an opportunity to review the ordinances. I{e noted there is one on wrecked cars. Commissioner Stewart commented concerning boarded-up houses that assist in making an area decayed and stated something should be done. Mr. Sexton stated there are ordinances that have to do with houses that need to be removed and Commissioner Schoneman stated it was called the "dangerous building" ordinance. Mr. Sexton stated that dangerous buildings are well- defined in the ordinance and in his opinion, it is a matter of enforcement. Mayor Jarstad read a section from the dangerous building ordinance which stated there was to be an appointed "Appeals Commission" so that these matters can be handled. He stated the next few weeks the City Council should get some names together for this commission. Commissioner Schoneman stated that one of the persons hired for blight will be kept on for a period to look at the houses downtown and on the waterfront. 10. Considerable vandalism at Jackson Park, particularly Pump Station #16 is continually being stoned; damage has occurred to the fan. Also paint is being smeared on the building. He stated he was going to have to get in touch with Jackson Park security people. Commissioner Stewart commented there was vandalism in the parking garage elevator and the police say they did not do anything to the persons involved because the juvenile court does not do anything to this type of vandal; so he called the juvenile court and they said they would do something. He informed the court he could use some people mowing lawns, etc. Commissioner Schoneman stated that vandalism happens to street signs and damaged signs in the county led them to offer a reward for those who are apprehended demolishing signs, equipment, etc. Recommended City Council offer a reward. Commissioner Sbewart stated he would go for that. Motion by Commissioners Schoneman and Stewart to offer $200.00 reward for apprehension and conviction of vandals and that the City Attorney's office prepare a resolution to that effect. Under discussion: Commissioner Stewart suggested people should be made to work out their sentences. He asked if private citizens could be protected also and it was decided an opinion would have to be given on this. Motion carried unanimously. ll. Stated he understands the City does not carry personal liability insurance and he felt this should be reviewed and recommended such insurance be obtained. Clerk stated that errors and omissions insurance coverage is reported to be extremely expensive and many cities are establishing the insurance funds for a high-deductible and purchasing umbrella insurance to assist in large claims. Clerk stated he has just asked the City's insurance broker to obtain a quotation if he finds an insurance carrier who is interested. Mr. Sexton suggested discussing this matter with Scott Wetzel, as his firm is getting into this field. Mr. Sexton suggested that perhaps the number of persons covered could be limited to those who make decisions which affect the public the most, such as the Building Inspector, Planning Director, the three Commissioners and the City Clerk. Motion by Commissioner Schoneman and Mayor Jarstad to proceed with investigation of liability insurance as outlined for certain decision-making areas and certain people and obtain the costs, carried unanimously. Asst. City Attorney Sexton: i. Has circulated copies of the suit of Ullock vs. City of Bremerton concerning the action of the City Council in rezoning the Elks property, which decision was affirmed on appeal. He noted several sections which he felt were of the most interest to the City Council. -4- CITY COUNCIL MINUTES May 18, 1977 Page five 2. Read letter from Mercer Enterprises relating to their Kitsap Lake property in which their development was held up due to the City Council placing a moratorium on the nine dwelling units per acre concept. Mercer Enterprises has prepared a completely new plan of development and would like to confer with the City Council. If the City Council and Mercer Enterprises could get together on the proposed development, Mercer Enterprises is willing to cease the lawsuit. Mr. Sexton suggested that since litigation has been started, the City Council is in a position to settle the issue with or without public hearings, as once a lawsuit is started, it goes out of the normal realms. After considerable discussion, Mr. Sexton recommended that the City Council at least review the plan with the Building Dept. for 'the 276 units and have some form of meeting with Mercer Enterprises and their representatives. His suggestion was that under the circumstances the meeting be done during a normal council meeting or at the conclusion of a council meeting and that it not be considered a hearing upon notice as part of the zoning process but opportunity be given also to other oeople such as the people in the Kitsap Lake area and they be present and be heard within guidelines of the Council. This was followed by further discussion in which the Mayor and Commissioner Schoneman talked about the background of the moratorium and Commissioner Stewart insisted that a legal determination be given as to whether Mercer Enterprises has a good legal position or not beeause if they do, the City Council is going to have to do something. If they do not, it makes a difference in deciding what to do. Commissioner Stewart stated he wanted to know what the odds were on the suit before any conference was held. Mr. Sexton agreed to look at the matter again and give an opinion. 3. Stated he had given an opinion regarding merit "D" promotions but under discussion it was brought out that Gary Hulbert of Donworth, Taylor and Co. has recommended he talk to the Commissioners first. City Clerk Yeadon: 1. Stated the conversion of the burner on the City Hall furnace has been put out for bids with opening date June 8, 1977. 2. Stated he was working in connection with having the two trees removed in the area behind the 1700 block on North Lafayette. 3. Will be gone next week to Seattle to sign the library refunding bonds and handle transaction for the City's finance department. Mayor Jarstad: 1. Gave monthly Fire Dept. Report. 208 total alarms with 121 first aid/ rescue calls. 2. Capital Improvement Bond Levy failed to pass because not enough people turned out to validate the election. Those who did go to the polls voted heavily in favor of the propositions. Reported that the Proposition No. 7 regarding nine dwelling units per acre initiative ordinance passed by a 75/25 vote. ORDINANCE - LIBRARY BOND REFUNDING Mr. Jack Shirley, Jr., of the First Washington Corporation presented the Council with an ordinance and agreement which was drawn up by bond counsel, Mr. Jim Gay and William Appel. The Agreement would be with the Seattle-First National Bank. lie stated the figures have been verified by one of the attorneys in Mr. Gay's office. He further stated they are working on the "A" rating; expect to have it issued today after two or three more pieces of information are furnished. This will be issued by Moody's. The procedure in this refunding is exactly the same as took place in the parking garage refunding except the language in the first three pages of the ordinance. ORDINANCE NO. 3362 - LIBRARY BOND REFUNDING Clerk read, first reading, "AN ORDINANCE of the City of Bremerton, Washington, providing for the issuance of $295,000.00 par value of "General Obligation Refunding Bonds, 1977," for the purpose of providing a part of 'the funds to CITY COUNCIL MINUTES May 18, 1977 Page six redeem $295,000.00 par value of its outstanding "General Obligation Bonds, 1976," dated April 1,1976; fixing the date, form, denomination, maturities, interest rate, terms and covenants of such refunding bonds; providing for and authorizing the purchase of certain obligations of the United States of America out of the proceeds of the sale of such refunding bonds and other money of the City available therefor and for the use and application of the money to be derived From such investment; providing for the redemption of the outstanding bonds to be refunded on April 1, 1986; authorizing the execution of an agreement with the Seattle-First National Bank, Seattle, Washington, as Refunding Trustee; confirming the sale and providing for the delivery of the refunding bonds to First Washington Corporation, Seattle, Washington; and declaring an emergency". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3362, on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. AGREEMENT - SEATTLE-FIRST NATIONAL BANK g CITY OF BREMERTON (Library Bond Refunding) Clerk presented agreement between the City and Seattle-First National Bank, who will be the "Refunding Trustee". Mr. Shirley stated all costs will be taken care of through the escrow and will be paid by First Washington Corp. except the Moody rating "A", which will be paid for by the City. Motion by Commissioner Stewart and Mayor Jarstad to approve agreement and authorize mayor and city clerk to sign for the City with the understanding that all charges For the escrow service are being paid out of the profits of Eirst Washington Corporation, carried unanimously. IAC FUNDING APPLICATION - Coontz School a Blueberry Farm Sites Mayor Jarstad stated these two choice sites were available and an application is being made to IAC for 50% funding. The City will make up the difference and pay the City's share through other resources, possibly council bonds or cumulative reserve funds; that the cost to the City may be about $50,000.00. The application will be awaiting appraisal. Stated there is only one IAC funding period coming and the land should be held for the City purchase. BID OPENINGS - Pneumatic Boring Machine Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, carried unanimously. A. H. Cox g Co., no bid. Craig Taylor Equipment Co., no bid. Western Utilities Supply Co., no bid. Fray Equipment Co., $50.00 cashier's check enclosed, $5,138.25. Motion by Commissioners Schoneman and Stewart to refer to proper committee for study and evaluation and award at a future Council Meeting, eartied unanimously. ORDINANCE, FIRST READING - Sewer Construction Charges Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3147, Section IV, subsection H(4), which is codified in the Bremerton Municipal Code as BMC i5.04.550 (d) and which relates to sewer construction charges". Motion by Commissioner Stewart and Commissioner Schoneman to approve on first reading. Under discussion: Mr. Sexton stated there was a question in his mind concerning technical language and stated he wished to review the ordinance before second reading. Commissioner Stewart stated the language should be clarified concerning apartment house charges because they could be more than $300. O0 in some cases. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE AND RESOLUTION - American Marine Bank Annexation Clerk read, first reading, "AN ORDINANCE AND RESOLUTION adopting a compre- hensive land use plan and zoning plan for certain real property reasonably expected to be annexted to the City of Bremerton at a future time, such planning and zoning to become effective upon annexation and, in part, amending -6- CITY COUNCIL MINUTES May 18, 1977 Page seven the use and area maps according to Ordinance No. 1792 (American Marine Bank)." Motion by Commissioner Stewart and Mayor Jarstad to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. Meeting adjourned at 11:30 A.M. G. C. Yeadon, St., City Clerk Approved: Glenn K. Jarstad, Mayor -7-