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HomeMy WebLinkAbout07/06/77 CITY COUNCIL MINUTES July 6, 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, July 6, 1977, at 9:00 A.M., PDST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Sexton and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Glen Soule, Pastor, Manette Community Church. HINUTES OF JUNE 27 and JUNE 29, 1977 Clerk presented minutes of the open meeting held by the City Council on June 27, 1977 and the minutes of the regular meeting of June 29, 1977. Mayor ordered the minutes to stand approved as read. COMMISSIONER SCHONEMAN Mayor Jarstad made complimentary remarks to Commissioner Schoneman's city record, stating that he had announced he would not be a candidate for commissioner of public works in the forthcoming election. BLIGHT Mayor Jarstad asked Asst. City Attorney Gary Sexton to bring those persons present up-to-date before taking testimony. Mr. Sexton gave a resume of some of the things in the state statute pertaining to blight and commented on the affect of finding of blight would have on the ability to restore or develop the central business district. Also, that this would give the city the power of eminent domain and the power to enter into contracts. The committee would look forward to an October date for establishing the basic plan. Joseph Mentor testified in favor of finding of blight; as did Austin Clark. Mayor Jarstad asked how many in the room were in favor by a show of hands as to a determination of blight, and proceed in the next step. Most of those present raised their hands. There was an exchange between Louis Soriano and Commissioner Stewart because tbere had been some slight question raised that maybe he was against the procedure. Commissioner Stewart spoke of raising false hopes for improvements and that he believed there would be a lack of investment there would be a wait and see attitude on the part of owners which would cause blight. Mayor Jarstad spoke of the need to get the mechanism for going forward toward improvements. Commissioner Schoneman stated that because of those interested appearing at the City Council he was in favor of approving the resolution concerning declaration of blight. Motion by Mayor Jarstad and Commissioner that the resolution be read at this time for passage. Under discussion: Commissioner Stewart stated he had been told by the city attorney that he should not vote on this issue because of his interest in Land Title. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, abstained; Commissioner Schoneman, Yes. RESOLUTION No. 1730 Clerk read, "A Resolution adopting Findings of Fact and Conclusions adopted by the City Council on the 29th day of June, 1977, and incorporated herein; declaring blight to exist within an area of the City; declaring the necedsity Of rehabilitation, redevelopment or a combination thereof, to be necessary; and electing to exercise the urban renewal project powers specified in RCW 35.81.150." Motion by Commissioner Schoneman and Mayor Jarstad to pass Resolution No. 1730, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, abstained on advice of city attorney; Commissioner Schoneman, Yes. BLIGHT CONTINUED Mayor Jarstad asked Mr. Sexton about naming the redevelopment committee. Mr. Sexton stated his committee had discussed this but had not taken a formal vote; but he recommended the City Council retain the general powers under the urban renewal law as opposed to establishing an agency and matters -1- City Council Minutes of July 6, 1977 Page two would then come before the City Council and the Planning Commission and then simply continue the advisory committee as such and it would check out proposals. Motion by Mayor Jarstad and Cormmissioner Schoneman that the City Council con- tinue on that vein after reading the Resolution that it be the intent of this Council to retain those powers of the redevelopment commission within itself and that we ask the present committee that has been working up to this time to continue working in this capacity. Under discussion: Attorney Jerry Soriano talked about the fact they were neither for nor against but they did have a lack of knowledge of just what was happening. Mayor Jarstad stated he would be glad to have any downtown property owner be on the com- mittee and asked Mr. Soriano if he would be a part of the committee. Mr. Soriano was concerned about in-put to the committee and need for public meetings. After finding out when the committee meets, he stated he would be glad to attend as long as the meetings were over by 9:00 A.M. Mayor Jarstad asked Mr. Sexton to join Jerry Soriano to the committee. MotiOn carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. PUBLIC RECOGNITION -10:00 A.M. Carl Olson presented a letter request and asked the City Council to give consideration to placing a traffic signal at 6th & N. Montgomery. Mayor Jarstad and Commissioner Schoneman commented that the letter would be turned over to the Traffic Division and the Engineering Dept. to make a feasibility study of that location. Also, noted by Mr. Schoneman that 6th & Callow is top priority for traffic movement correction. COMMISSIONER STEWART'S REPORT 1. In contact with two cities to get a copy of their minimum maintenance ordinance. 2. Planning matters are taking too much time and recommended that considera- tion should not be given to an applicant for rezone unless he gets 30% of the people in favor of it within 250 feet; that the city used to do this, only there was a requirement for 50% in favor. Motion by Commissioner Stewart to send this suggestion back to the Planning Commission and ask for an answer within 60 days. Mayor Jarstad discussed the recommendation and called attention to the rights of the applicants. Mr. Stewart stated he would be willing to amend his motion in the event there was only one adjoining property owner the city could consider the application. He stated this would force developers to go out in the neigh- borhood and talk to the people; also, mentioned that people have to take time off from work and many times hire attorneys to represent them. Further discussion was had with Mayor Jarstad discussing the fast growth and demands. Motion was not seconded and died. COMMISSIONER SCHONEMAN'S REPORT 1. Building Permit report: As of month of June, 77 permits were taken out for a total valuation of $2,352,138.00. Since the first of the year permits have been taken out for 22 duplexes and six single-family residences; last year had 12 single-family residences. Also, stated 184 apartment units had been built. This all shows growth. ~,~!~ C~/~.~/~'~ 2. Have been using water exclusively from Gors[ Creek supply area since the first of the year and records reveal that this has~\been the highest use in taking water from this location in twenty years. Water has been held hack at Cased Dam. Good supply and can take care of the needs for the balance of the summer. 3. The Cambrian barrier bids will be opened July 27, 1977. 4. Good news from Department of Health; they have approved plans and specs for the new Kitsap Lake supply line. This project is being funded by a grant from the Department of Defense, $97,285.00 and water funds will be for the balance of $48,715.00, totalling $146,000. Will be 5500 feet line of 6" ductile pipe. This money is being given by D0D because of Trident. 5. Timber harvest thus far has netted $63,000; expect to go to about $100,000.00 by end of this year. -2- City Council Minutes of July 6, 1977 Page three ATTORNEY'S REPORT Mercer Enterprise trial is set for today at 3:00 P.M, MAYOR JARSTAD'S REPORT 1. Let the record show how much he appreciated the work done by Senator Walgren in the state legislature this year. For public safety the city obtained a grant for $110,000 to be used over a two-year period which will give two traffic officers and one firefighter. The balance of the funding will go into the prosecution of the additional cases that the city is putting through. Police Department strength will be up to 62 - 63 officers. Is looking for other money through the Department of DEfense. 2. The Lions Playfield dock is due for remodeling. About a year ago had Barry Branch make a schematiC. All the planking was removed. The City Engineers put a plan together; estimate about $63,000.00 which was quite a bit higher than funds in the park department and support of the downtown Lions Club. The plan has been reduced in the size of the timbers and cut the project down to around $32,000, a figure which the city could live with. Motion by Mayor Jarstad to engage the firm of Barry Branch who did the preliminary schematic plan on the dock, to make up the construction documents so the project can go ahead, and so the city can go out on bids for the heavy construction work. Under Discussion: Commissioner Stewart asked about the architect's fees and ~Iayor Jarstad stated Mr. Branch will make a proposal on the charges. Commissioner Stewart expressed concern that the fishing pier has not worked satisfactorily and discussion ensued about that project. Commissioner Schoneman suggested someone who owns a boat should design the project; also, asked if proposals will be accepted from others. Stated it was his opinion this should go out to others and they should submit schematics. He asked for a hold up for another week, and get an actual cost to engage someone. Mayor Jarstad withdrew his motion and said the commissioner could bring in anyone else. This was withdrawn until next week. 3. The USS Missouri beautification project is underway between the Park Department and the U.S. Navy. Hopefully can complete the project by end of July or early part of August. Lions Club has underwritten to the amount of $4,000.00. Gave a detail of the project. 4. The swimming pool construction is looking forward to engaging the architect. ~r. Stewart has been calling architects. Hope to obtain architect in week or two so can meet all deadlines. All architects contacted concur that they can get to building footings and foundations in the 90 days required. HEARINGS - Dean Dewell & Weeks Motio..____n by Mayor Jarstad and Commissioner Schoneman to hold the Dean Dewell Rezone hearing and Douglas E. Weeks Shoreline Management Substantial Develop- ment ~rmit hearing in that order, carried unanimously. DEAN DEWELL REZONE R-1 to R-2, W. of Winfield & Brewster Clerk stated he had advertised as required by statute; read Planning Resolution No. 408, recommending denial; read the analysis and recommendation of the Staff Review dated May 25, 1977; read the results of the confidential advisory ballots; and an opposition letter dated June 30, 1977, from Frank and Josephine Petrilli. Clerk called attention to the Restrictive Covenant and Covenant Running with the Land. Mr. Attebery, Planning Director, explained how the area got where it is today, i.e. developed under the 9 d/u/a ordinance and a restrictive covenant was filed with that development, which covenant tells how it can be amended. He gave the location using a map. Showed a plan where the proposed apartment building would be placed. ~{r. Attebery answered a question by Commissioner Schonoman that the entire area is being asked for rezone because the original development did not require a rezone and it is composed of twenty units and stated Mr. Dewell now wants to build without the 9 d/u/a ordinance and not use the same concept. -3- City Council Minutes of July 6, 1977 Page four No proponents or opponents were present to testify. Motion by Mayor Jarstad and Commissioner Stewart to concur in the Planning Department recommendation and deny the rezone. Under discussion: Commissioner Schoneman spoke in favor of the rezone and stated this side of the street in that general area was good for apartment sites, and this has already been established by the units that are there. Further discussion ensued. Mayor Jarstad noted that the Planning Department had moved to deny the project and the Manette Neighborhood group has recommended it be turned down. Also, there was no presentation by the applicant which may indicate he had accepted the determination of the Planning Commission. Commissioner Schoneman stated he disagreed with the Planning Commission on this and the few houses there will come out and there will be apartment houses in the future. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, No. DOUGLAS E. WEEKS, SUBSTANTIAL DEVELOPMENT PERMIT REQUEST Clerk stated he had advertised and posted the property; then read the Staff Review dated July 6, 1977. Clerk then read comments by several city depart- ments. Mr. Attebery, Planning Director, stated in terms of the Shoreline Master Program and Comprehensive Plan this would be an ideal site for such a proposal (condominiums). Mr. Attebery then reviewed the staff review which recommended that the permit not be issued nor the public hearing continued until a detailed topographic, grading, erosion control and revegeta- tion plan prepared by a qualified party are submitted and meet with the approval of the building, engineering and planning departments. Also, he discussed parking and passed a copy of aerial views of the area which indi- cates some of the concerns he has. Further, he discussed the topography as shown on the photographs; and expressed concerns about the top of the slope; any fill that would have to be added would be out beyond the top of that slope. · Commissioner' stated the site is a good location; formerly housed a number of units for WW II which have been removed. The location of the building will be determined by the slope; the soil conditions and tests will be checked prior to the foundation being placed. He stated that how far to the narrows the building foundation will go will depend on the soil. All utilities are there. Also, would try to obtain additional width of Campbell Way and there would have to be included at least curbs and sidewalks on this particular side of the street. He stated the City Council is to approve the site not the plans. Mr. Attebery commented that the site plan becomes a part of the approval and it is reviewed by the DOE and then get into the building process; that there is a closer link between the City Council and the Building Department approval than in the regular rezones. He stated that the whole strip was rezoned in the late '60's all the way down to Foxy's. Mr. Attebery stated he was expressing his concern and maybe the city should look at this in more detail; also, he had some concerns about the accuracy of the topography. PROPONENTS: ~. Doug. Weeks, stated he thought there has been some misunderstanding about the material that has been submitted and he has taken great pride in the developments done to date; that this is the highest and best use for this property now zoned business even though this is for a lesser use as far as zoning is concerned. He said as far as the interpretation of the documents he has submitted, it is their intention to utilize basically the edge of the bank that is there now and they would come out to the edge of the bank and they would lower the grade to allow the building to nestle down and this would move the edge of the bank out and would allow further use of the property; that it isn't their intention to do any filling or any vegetation removal on the face of that, just to excavate for the footings. Not their intention to affect wieh a fill or the vegetation. lie stated there has been some material placed, the face of the hill has been filled out and that cut has been covered up. He stated in all of their projects -4- City Council Minutes of July 6, 1977 Page five in that area they have worked carefully with the city and checked with the city in all stages of construction in complying with the codes and city's requirements. He stated that one of the things they have been very careful to do is to have a soils engineer available when working in the foundations and have done extensiv~ soils testing and site testing to fit the bank and to see not making structural problem and they would continue to do that. He said they hoped to obtain a~proval to move ahead on this project with the understanding that they will come in with additional development plans, more detailed engineering drawings, soils data, and work with the Building Department in developing the project to the city's requirements. He stated it would be helpful to them to receive preliminary approval before they do the proper engineering things and so they can develop these other documents; that doing this the other way becomes very expensive but doing this the other way becomes very helpful and if they have the approval they can then meet requirements of the city. Con~nissioner Schoneman asked him if he realized they will not be getting a building permit until all this information is made available; that it will not include a building permit but would be approved to proceed with the development of their plans, etc. Mr. Weeks stated he understood this. OPPONENTS - None present. Mr. Jarstad asked Mr. Attebery if his concerns can be handled satisfactorily. Mr. Attebery stated his concerns were to try to eliminate hearings that may result from the application when it gets to DOE. The department in looking at the permit would rather have the information in advance rathe~ than afterward; however, it has worked in the past and might work in this case. He stated that the Rip-Tides have shown very good work and have cooperated with all departments with the city and the city can depend on these people. Motion by Commissioner Schoneman and Mayor Jarstad that the development be allowed to proceed as outlined and approve the Shoreline Management Substantial Development Permit. Under discussion: Mr. Attebery asked if Mr. Weeks was adverse to any of the types of studies that he has recom- mended: additional topography, etc. and revegetation. Mr. Weeks that he would do these things at the time of building permit application. He stated that they have shown on the ~lans some improvement of the front edge and shown a landscaping paver and an exterior plaza with a hard surface. This would be an entrance-type plaza and a fence and whether a sidewalk and curb they would work with the city on it. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Absent; Commissioner Schoneman, Yes. Mrs. Olga Wold, 2109 E. Highlands, stated she had received a letter concerning the Horton Hackler rezone and asked why she had not been notified the hearing was cancelled. It was explained that Mr. Hackler had come before the City Council on June 20th and bad asked that his rezone application be returned to the Planning Commission because of change in site plan. Another person was present complaining, also. City Clerk stated it was an oversight that a second letter was not sent out and assured the people that the Planning Department would notify the area residents when the matter would be before the Planning Commission. GILMAN~ROBINSON/CARLSON - Hearing Date Clerk stated two requests had been made for an early hearing date, one by Frances Morgan and the other by Charles Warner, residents at Oyster Bay area. Various dates were looked at and Mr. Robinson, who was present, agreed that August 17, 1977, would be satisfactory. I{e said he would like to talk to property owners prior to the hearin~ in an effort to take some of the emotion out of the matter. Motion by Mayor Jarstad and Commissioner Schoneman to set the date of hearing for August 17, 1977, at 10:30 A. M., carried unanimously. -5- City Council Minutes dated July 6, 1977 Page six (Mayor Jarstad left the meeting at 11:55 A. M.) SEPARATIONS Dianne Bruder, Eng. Aide I, Water Dept., July 8, 1977. Kelvin Green, Extra Labor, Water Supply. June 30, 1977. Motion by Commissioners Stewart and Schoneman to approve the Separations, carried. EMPLOYMENTS ~ David Edward Garinger, Temporary, Garage, $3.00 hr., 6, 1977 Vickie L. Buhl, Extra, Clerk's Office, $3.00 hr., July 5, 1977 Adrian Roger Anderson, Extra, Water Supply, $3.00 hr., July 11, 1977 Motion by Commissioners Schoneman and Stewart to approve the Employments, carried. CHANGES OF PAY STATUS Francis P. Wilson, 2nd Year Patrolman to 3rd year, $1194.22 mo., July 7, 1977 Randy W. Loun, 2nd Year Patrolman to 3rd year, $1194.22 mo., July 7, 1977 Motion by Commissioners Schoneman and Stewart to approve the changes, carried. PAYROLL VOUCHERS On the Salary Fund, payroll period June 13 through June 26, 1977, gross $163.342.57 and on the Claims Fund, same period, $6,298.46 for FICA and bank service fees, both checked by Darlene tterrmann, for auditing. Motion by Commissioners Stewart and Schoneman to approve the vouchers, carried. APPLICATIONS Taxicab Driver, David Andrew Cole, approved by Capt. Stratton for the Chief. Masseuse, Evelyn Jean Hetrick, approved by Chief Devery and Health Officer. Dancing and Entertainment, Captain McKay and Company, 536 4th St., approved by Asst. Chief Kvis~ad Fire Inspector ttorton, Bldg. Inspector Costello. ~Iotion by Commissioners Schoneman and Stewart to approve the applications and authorize issuance of licenses, carried. CLAIMS FOR DAMAGES Frederick R. Bauer, undetermined amount; Pacific NW Bell, $66.24; and will be referred to insurance company. DODGE TRADE-INS Clerk explained that one trade-in allowance for $150.00 was for a wrecked police car but the city garage continued to take valuable parts off it until now it is worth only junk value. Another trade-in listed in the call for bids had an erroneous license number or serial number and the successful bidder claims he saw another car entirely than the one the city wished to turn in. Clerk read memo. dated July 1, 1977, from Asst. City Attorney McCluskey which stated this could be deleted from the list provided written agreement was obtained from the dealer. Also, he recommended removing the $1650.00 trade-in from the contract and selling it on the open market because of difficulty of establishing which car it was and the actual value of the one the city wishes to trade, providing Mr. Doe of the dealer agrees in writing. Motion by Commissioners Stewart and Schoneman to follow the attorney's advice, carried. WATER METER BID AWARD This was awarded at last Council meeting providing it was approved by the city attorney. Mr. Moore, Water Supt. had recommended the third lowest bidder receive the award as the lowest responsible bid, stating there were possible problems with the low bidder's meter and the second bid did not meet the specifications. Mr. Washington, city attorney's office, wrote a memo dated June 30, 1977, giving reasons that accepting the bronze meters would be acceptable as the best bidder. Motion by Commissioners Stewart and Schoneman to award as recommended, carried. RIGHT-of-WAY DEEDS, Sheridan Road Clerk read memo dated June 23, 1977, from Office Engineer recommending the -6- CITY COUNCIL MINUTES of July 6, 1977 Page seven acceptance of quit claim deeds on property from Norman and Virginia Marshall and David A. Helen J. Hecker. This is all the same property but there were problems with the Norman and Virginia transaction and the Heckers had just purchased the property. Motion by Commissioners Schoneman and Stewart to accept the deeds and refer to the City Attorney for checking as to form, and to the City Clerk for recording, carried. RIGHT-OF-WAY - WHtATON WAY PROJECT Clerk read memo dated July 5, 1977, from City Engineer, requesting authoriza- tion to purchase two sections of right-of-way, one from Interlude Tavern and one from ABC Rentals. Commissioner Schoneman asked for these to be held up because there was a memo which he had received from the engineer in which it was stated Mr. Ross is talking about needing money. TAXI FARE INCREASE Clerk stated Arrow Cab Co. had filed notice of intent to increase taxi fares, as required by city ordinance, and had listed the increases he is requesting. Commissioner Stewart stated he would like to make these the maximum which could be charged and have no minimum so there would be com- petition. PROCLAMATION Clerk read Proclamation issued by Mayor Jarstad for Breath of Life Week, July 25 through 31, 1977, to enlist public support in the City of Bremerton to fight cystic fibrosis and other serious lung diseases in children. CALL FOR BIDS - KITSAP WAY SUPPLY LINE Clerk read memo from Water Supt. recommending authorization be granted to call for bids subject to the approval of the City Attorney's Office and D.S.H.S. Motion by Commissioners Stewart and Schoneman to authorize call for bids subject to the approval of city attorney's office and DSHS, carried. VACATION - RIGHT-of-WAY FOR BR~}. SCHOOL DISTRICT, Resolution No. 1731 Clerk read ReSolution No. 1731, "A Resolution setting date of hearinE for the Bremerton School District 100-C Right-of-Way Vacation, for July 27, 1977, at 10:30 a.m." Motion by Commissioners Stewart and Schoneman to approve passage of Resolution No. 1731, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE No. 3368 (Sewer Liens) Clerk read, "An Ordinance amending Ordinance No. 3147 Sec. 4(I) 1974, which is codified as BMC 15.04.560, relating to the assessment of costs for the filing of a lien for sewer charges." Motion by Commissioners Stewart and Schoneman to pass Ordinance 3368 on second reading by title only, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE No. 3369 (Water Liens) Clerk read, "An Ordinance amending Ordinance No. 3147 Section 3(S), 1974, which is codified as Bremerton Municipal Code 15.04.200, relating to the assessment of costs for the filing of a lien for water accounts." Motion by Commissioners Schoneman and Stewart to pass Ordinance No. 3369 on second reading by title only, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE No. 3370 (Fireworks) Clerk read, "An Ordinance regulating the sale of safe and sane fireworks; providing for permits; prescribing penalties; and repealing Ordinance Nos. 2631 and 2776 Si." Motion by Commissioners Schoneman and Stewart to pass Ordinance No. 3370 on second reading by title only, carried as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. -7- CITY COUNCIL MINUTES of July 6, 1977 Page eight PERSONAL LIABILITY INSURANCE COVERAGE Clerk stated he had received a proposed policy from Fulmer & Company, for One Million Dollars, with $10,000 deductible on each loss, for annual premium of $6,617.75. Commissioner Stewart suggested paying the premium from the Cumulative Reserve for General Municipal Purposes Fund. City Clerk suggested paying from excess receipts but should be checked with the city auditor° Motion by Commissioners Schoneman and Stewart to purchase the insurance, carried. (Note: City Clerk will check with City Attorney to see if this insurance meets the need.) BILLS Motion by Commissioners Stewart and Schoneman to give blanket approval to payment of vouchers 7540 and 7542 to 7637 inclusive in the amount of $66,080.42, checked by DarleneHerrmann for city auditor, carried. PARKING METERS - 2rid STREET Commissioner Schoneman stated this should be brought up at next City Council meeting. Meeting adjourned at 12:15 P.M. City Clerk APPROVED: Glenn K. Jarstad, Mayor