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HomeMy WebLinkAbout11/22/67 November 22, 1967 A regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers of the City Hall at 10:00 o~clock A.M., P.S.T., on Wednesday, November 22, 196V, with Mayor Jarstad presiding. Also present were the following: Commissioner Clark, Commissioner Schoneman, City Attorney Walgren, City Clerk McOowan, City Engineer Mebus, Fire Chief Tillett, Chief of Police Plouf and a member of the radio. The meeting was called to order by Mayor Jarstad and the Invocattgn was given by Reverend J. C. Pults, Church of the Nazarene. The minutes of the previous meetingwere read and approved as amended. The City Clerk announced it was the time and place set for hearings on two L.I.D.~s #296 and #301, also for two bid openings. Motion by Mr. Clark and Mr. Jarstad that the bids be opened, carried unani- mously. The City Clerk stated that there were no bids received for concrete culvert pipe. Motion by Mr. Clark and Mr. Schoneman that because there were no bids received that the Council authorize a negotiated purchase, carried unanimously. The City Clerk reed the following bids on Emergency Power Generator. THE INSTRU~IENT LABORATORY, Seattle, Certified Check for $75.00 enclosed. Total Bid $1,499.58 including tax. FREMONT ELECTRIC COMPANY, Seattle, Certified Check for $74.21 enclosed. Total Bid $1,484.28 including tax. Motion by Mr. Clark and Mr. Schoneman the bids be referred to a committee for study, carried unanimously. Motion by Mr. Clark and Mr. Schoneman the hearing on L.I.D. #296, Sunset Vista be opened, carried unanimously. Mayor Jarstad asked if there was anyone in the audience who would like to spea~ for or against L.I.D. #296, Sunset Vista. Mr. Stewart B. White stood up and asked the City Clerk to read aloud his lette~ which he wrote to the City Clerk on November 18, 196V. The City Clerk therefore read his letter which stated that his water meter was not put in the correct place and it was decided to move it, but as yet nothing has been done about it; also that the drain at the N.E. corner of Sunset Vista and Cherry Avenue does not drain the water properly. Mr. Schoneman assured him that it was the first he knew of it and that these conditions would be corrected shortly, Motion by Mr. Clark and Mr. Jarstad ORDINANCE NO. 2764 be read, carried unani- mously. November 22, 1967--con't. The City Clerk then read ORDINANCE NO. 2764 adopting and confirming the assessment roll for LOCAL IEPROVEMENT DI~TRICT NO. 296, providing for the im- provement of Sunset Vista. Motion by Er. Schoneman and Mr. Jarstad ORDINANCE NO. 2764 be passed on first reading, carried unanimously. Motion by Mr. Clark and Mr. Schoneman the hearing on L.I.D. #301~: Olympic Avenue, be opened, carried unanimously. Mayor Jarstad asked if there was anyone in the audience who would like to speak for or against L.I.D. #301, Olympic Avenue. ~ Since there was no reply, Mr. Jarstad and Mr. Clark moved that the City Clerk read ORDINANCE NO. 2765, ca~ried unanimously. The City Clerk then read ORDINANCE NO. 2765 adopting and confirming the asses- sment roll for the Local Improvement District #301, providing for the improvement of Olympia Avenue from llth Street to 13th Street. Motion by Mr. Jarstad and Mr. Schoneman ORDINANCE NO. 2765 be passed on first reading. In discussion, Er. Clark stated that because~ the Ivy Green Cemetery fronts on L.Z.D. ~ZO1 and will have an assessment, he requested the City Attorney to prepare an emergency ordinance which would appropriate the necessary amount into the ceme- tery fund for the assessment. The motion was put to a vote, and carried unanimously. The City Clerk read the following Report of Separation: SAEUEL RAINIER, Patrolman in Police Department, November 17, 1~87, at own request. Eotton by Er. Jarstad and Er. Clark the Report of Separation be approved, carried unanimously. The City Cl~rk read the Following Notices of Employment: ~Y R. THORNBURGH, Extra Help in the Engineer's Office at i~2.25 per hour, effect- ive November 17, 1967, temporary employee. ~ILBUR BENSKIN, Meterman-Pipeman in Water Department, at $~.2~ per hour, effective November 18, 1967. Motion by Er. Schoneman and Mr. Clark the Notices of Employment be approved, carried unanimously. The City Clerk read the following Chage of Pay: STEPREN D. ~ULSON, from Patrolman 2nd Year to Patrolman ~rd Year in Police De- partment from ~528.30 to ~556.40 per month, effective November 22, 1967. Motion by Er. Jarstad and Mr. Clark the Change of Pay Status be approved, carried unanimously. The City Clerk had a General Claim covering the Payroll Period ended Novem- ber 15, 1967, in the amount of $69,711.69. The claim was audited by W. R. Vaa and approved by Austin Clark. Eotion by Mr. Clark and Mr. Schoneman the General Claim be approved, carried unanimously. The City Clerk read a Claim for Damages in the total amount of $50,000.00 sig~aed by Robert Winslow in which it was claimed that his automobile struck a light pole which was placed immediately adjacent to the travel portion of the highway, so close as to constitute a hazard to all users of the highway, l~cated on the corner of Wheaten Way and Sylvan Way. He claims damages in the amount of $1,615.00 for his automobile, medical bills, lost income and all other items of expense which may be incurred because of this accident, which cannot be ascer- tained as yet. This claim was reported to the Insurance Company. The City Clerk read a letter from the Planning Director, R. L. EcConnell to the Planning Commission reco~uending that a request for rezone from Residential- One (R-l) to Residential-Two (R-2) at the corner of Ninth & Broadway be approved. The City Clerk then read Planning Commission RESOLUTION NO. 155 requesting the City Council to pass an ordinance amending the use and area maps of Ordinance No. 1792 and rezoning property located at Ninth & Broadway from Residential-One (R-l) to Residential-Two (R-2). Eotlon by Er. Clark and Er. Schoneman the request for rezone be accepted and that a date for public hearing be set for December 6, 1967, carried unanimously. ~e City Clerk read ORDINANCE NO. 2768 repealing sub-section (b) of Section 4 of Ordinance No. 2288 so as to eliminate the requirement that 20% of the rates and fees for water and sewer service be allocated for debt service. Motion by Er. Clark and Er. Jarstad ORDINANCE NO. 2766 be approved on first reading, carried unanimously~ The City Clerk read ORDI~ANCE NO. 2767 amending sub-section (a) of Section 15 of Ordinance No. 1572 so as to provide for a mandatory retirement age of sixty-five (65) years and providing that such ordinance take effect January 1, 1969. Motion by Mr. Schoneman and Er. Clark ORDINANCE NO. 2767 be approved on first reading, subject to a correction whic~will be made by the City Attorney, carried unanimously. November 22, 1967--con't. Mayor Jarstad stated that the effective date is scheduled far enough ahead so !that employees who have already reached the age of sixty-five (65) years will have time to plan their retirement. Motion by Mr. Clark and ~. Schoneman to pay all bills approved by a majority of the Commissioners, carried unanimously. Mr. Clark commented on the probably garbage rate increase. He stated that this is a routine procedure in keeping with the terms of the contract and the~cost-of- living index. He also stated that the contract provides that when the report is available, any adjustment would become effective on the first day of the month fol~ lowing. The amount of increase will be in the proximity of 4~ per cent, but the exact amount will be announced next month and take effect in January. Mr. Clark commented briefly on the Legislative Interim Municipal Committee meeting which State Representative, City Attorney Walgren and he would be attending Friday and Saturday, November 24th and 25th,at the Edgewater Inn at which time they will again be taking miscellaneous testimony on financial uses and needs of Cities. He stated that they will also hear testimony on the investigation of the pinball and gambling in the Seattle area. Mr. Schoneman reported that the sale at Craven Center, with the assistance of Nancy Kelf of the Treasurer's Department, was a great success, and is still contin- uing. He commented that many portions of lumber and materials that the City uses in normal construction was made available to us that would have had to have been purchased anyway. ~I~is helped pay back some of the cost of the acquisition of the building. One place in which the materials are being used is the arterial improve- ment on High Avenue in the construction of curbs, gutters and sidewalks. Mr. Schoneman then stated that a survey has been made of the Health Department buidling-site and N.A.D. He statedthat although it was slightly reduced from what was originally chosen, it will represent approximately an acre of ground. He state( that the Public Works Officer, Captain Jensen,has viewed the site, which will give adequate parking and handle~l present and future needs of the Department, and his reaction to the amount of land that was included with the building was favorable. He must now present it to the Admiral and to all those in charge. Mr. Schoneman stated that no word has been received as yet from the Navy re- ~ijard~ng the upcoming lease. City Attorney Walgren introduced Mr. Sanchez, Attorney at Law, and stated that he was awaiting the anticipated outcome for his client, Mr. Aberg, regarding the vacation of property owned by Mr. Aberg~ Mr. Walgren stated that Mr. Sanchez had written a letter to him setting forth all legal arguments in favor of a vacation of this property by operation of taw. He stated to the Council that he has reviewed all items and the following should guide the Council in consideration of the vacation& l) There is a question as to whether or not the statutes which were cited by Mr. Sanchez,'specifically the laws of 1889 which provided that any road or street which had been un-opened for a period of five or more years would be vacated automatically. Also the case saying that this applies to platted streets. 3) Also a statute which was adopted in 1909 and cases following. 4) There is a question as to the actual facts of the matter concerning the bordering of this particular piece of platted property on State Tide Lands. 5) Mr. Sanchez pointed out that this plat is apparently on uplands rather than on tide lands although it borders very close to State Tide Lands. 6) There is a question as to whether or not this statute would have effect. City Attorney Walgren stated that i his guess is that it probably would have effect and that Mr. Sanchez's reasoning is correct. V) In the last session of Legislature, they adopted legislation with regard to 'the voluntary vacation of properties and street ends by a City Council where that property goes on to water front property. The applicability of this statute to the situation in mind is also in question. 8) The most important thing is that if there is an automatic vacation by the City council there is still the problem of a possible cloud on the title to this property, and for all parties concerned, we should have some sort of a court record clearing this if this is going to be done. 9) One case cited in Mr. Sanchez's letter was the case of Lewis vs. Seattle, and later indicated that a vacation by operation of law requires a judicial determination to establish it of record. That is something that ought to be accomplished in this matter for the benefit of all parties concerned. City Attorney Walgren therefore recommended that the Co~mcil deny a vacation from this body and suggested that the matter be taken to the courts for a judicial determination. Motion by Mr. Clark and Mr. Jarstad to deny vacation of property. On discussion, ~r. Clark stated that it has been a generally established pol- icy of the Council not to vacate property which abutts on the water in the interest of the public to which the right to the property presently belongs. Mr. Sanchez then stated that for the Council to refer this matter to the Courts is likened to the City turning its back on its own administrative Judgement. He also stated that the various bodies, such as the Planning Commission and the City November 22, 1967--Con~t. Council who have rejected Mr. Aberg's request, will be held liable for all damages for slander of title if a determination results in Mr. Aberg's favor; and this will be added to the lawsuit. Mr. Clark stated that in clarification of his personal viewpoint, this same issue came before the Council a few months ago represented at that time by Mr. Skirving and the Council, after viewing the site and studying the problem, concludec that it was in the interest of the public not to vacate the street. As a result~ he feels that an administrative decision was made at that time and is about to be made again. He further stated that had not the question of the 1889 law been raised, he would make the smme decision as he had when the petition for vacation was previously presented. Mayor Jarstad commented that it appeared to him that it resolves itself to a question of whether or not the City Council acted upon a piece of business on which it had a legal right to act, and under these circumstances, the Attorney's advice was that it should be settled in Court. The motion was put to a vote and carried unanimously. City Clerk McGowan reported on a legislative committee meeting at the State Capital Friday evening, November 17th, at which time, the major discussion was con- cerned with transferring registration records from~City Clerk's offices to County Auditor's offices. ~is was attempted by a bill in the last legislature, but failed. They wanted to get the opinions of County Auditors and City Clerks. The opinion was almost unanimous that the records be retained by the City Clerk's of- rices. Mayor Jarstad gave the bridge report for the montho f October: Total increase on both bridges over October of 1966 was 35,662. This is the first time in quite awhile that there is a decrease on one bridge. The only thing that could have de- creased the amount of vehicles is that the low Navy population is mainly housed at East Park. Mayor Jarstad stated that he met yesterday with representatives of the State Interagency Conm~ittee for outdoor recreation who reviewed different areas of the City, but mainly reviewed our application for f~dfng to participate in the purchase of twenty-seven acres of ground at N.A.D. The Committee was shown the area of Lent Lane which has been a proposed boat launching site for many years and which is a part of the long range park development plans. The statement was made to the effect that there is money available for this type of recreational facility and encouraged the City to make application for fund- lng. There will be as much as 70% funding coming from the State if we will apply and build this facility in early 1968. Mayor Jarstad therefore moved that the instructions be given to prepare the necessary application for 78% funding for a boat launching facility at Lent Lane~ seconded by Mr. Clark. Mayor Jarstad commented that the City's share of matching f~mds would be in the neighborhood of ~,000.00. The motion was put to a vote, and carried unanimously. Mayor Jarstad then spoke briefly on the Superior Court case which was held in Port Orchard to determine the Mayor's responsibility in his appointive powers in the ~olice and fire departments. As a result of the Judge's ruling in favor of the Civil Service Commission, the Nayor's office will appoint the person certified by the Civil Service Commission, to serve as Assistant Chief of the Fire Department. ~is will be Captain 0rrfelt, effective date to be December 1, 1987. He went on to compliment Mr. Holtine who has capably served as Assistant Fire Chief since his appointment. Mr. Schoneman stated that the completion of the sewer project in East Bremer- ton was contemplated for November 17th. A letter has been submitted to the con- tractor stating that he will now come under the Liquidated Damages Clause of the bid specifications of the contract which he signed. A letter has been submitted by our consulting engineer and counter-signed by Co~mnissioner Schoneman. It appears that there is quite a bit of work yet remaining before the final completion of the project. Mayor Jarstad commented on the purpose of Thanksgiving. Fire Chief Tillett reported that there is a new position coming up at the first of the year for which an examination is needed; also two lieutenants will be re- tiring. ~ffne list for lieutenants will be exhausted, so a new test must be given for tho~e po~itions'~b~e~' Ne 'al~o stated that he wished to assign Captain Holtine and Assistant Fire Chief 0rrfelt to day duty for one month beginning December 1, 19~7. Mayor Jarstad instructed Fire Chief Tillett to do so. APPROVED: C~ty Clerk'