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HomeMy WebLinkAbout08/04/76 COUNCIL APPR0VED CITY COUNCIL MINUTES - AUGUST 4, 1976 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Hall, 239 Fourth Street, Bremer- ton, on August 4, 1976, at 9:00 A.M., PDST. Attending were: Mayor Jarstad, presiding; Commissioner Stewart; Commissioner Schoneman; City Clerk Yeadon; Attorney Gordon Walgren and Asst. Andy Olson, and representatives of press and radio. Meeting opened with Flag Salute and Invocation by Rev. Robert Merz, Pastor, Peace Lutheran Church. MINUTES: Clerk read minutes of July 28, 1976 and Mayor ordered them to stand approved as amended. EMPLOYMENT: Barbara Richmond, Extra, Accounting, $3.00 per hr. to 8/11/76; effective July 28, 1976. Motion by Mayor Jarstad and Commissioner Schoneman to approve, carried unanimously. PAYROLL VOUCHERS Claims Fund, Pacific Nat. Bank, period July 12 through July 25, 1976, FICA and Bank service Fees, total $5,971.18; Salary Fund, gross payroll, to Pacific Nat. Bank, $163,121.56; both vouchers audited by John Ross. Motion by Commissioner Schoneman and Mayor Jarstad to approve the vouchers, carried unanimously. TAXICAB DRIVER LICENSES: Tim W. Eure, approved by Chief Schlie; Ralph E. Schmitt, Jr., Gary Edward Burton, Benny Ray West, all approved by Capt. Johnson for the chief. Motion by Mayor Jarstad and Commissioner Stewart to approve the applications, carried unanimously. MASSEUSE LICENSE APPLICATION (Aidridge) Clerk read application for Masseuse License from Jacqueline D. Aidridge, approved by Chief Schlie and Health Inspector. Motion by Commissioners Schoneman and Stewart to approve the license, carried unanimously. FRED HILL MATERIALS INC. Letter Clerk read letter from the company stating they will honor all terms and conditions of the contract the city has with Kenyon Materials, Inc. City Clerk explained that Hill had bought out that part of Kenyon's that had to do with Ready-Mix Concrete. Motion by Commissioners Schoneman and Stewart to approve the change in supplier under city contract, carried unanimously. SURPLUS - Teletype paper and rolls for teletype. Memo. of Aug. 2, 1976, from Chief of Police recommended surplusing this material, ascertaining the value, and turn over to CenCom for credit to the police account. Police no longer have the teletype machine. Motion by Commissioners Schoneman and Stewart to surplus and follow the recommendations, carried unanimously. CETA FUNDS - New Contract Request Clerk stated C. C. Southerland, Civil Service, has suggested the City Council authorize the Mayor to sign an application for CETA Funds under a new contract; that the papers are not ready today but must be in County hands by Friday. Motion by Commissioner Schoneman and Mayor Jarstad to authorize the Mayor to sign the new contract when ready; under discussion: Mayor Jarstad explained what positions will be filled if the agreement is approved; five police officers, three firefighters, and eight persons to work on a special project, the Coontz school site, for park development. Carried unanimously. -1- City Council Minutes PaRe two August 4, 1976 EXTENSION - CETA (Title 2 & 6) Clerk presented contract agreements for Title 2, requiring two months extension and Title 6, requiring one month extension. Motion by Mayor Jarstad and Commissioner Schoneman to approve Mayor Jarstad signing the extensions for the city, carried unanimously. OBIE USE PERMIT Clerk presented form of Public Property Use Permit for approval prior to sending to Obie for signature. Motion by Commissioner Stewart and Mayor Jarstad to approve the form of lease, carried unanimously. ORDINANCE No. 3305 (Kinney Rezone) City Clerk presented Ordinance No. 3305, second reading, "An Ordinance amending the use and area maps according to Ordinance No. 1792. (Joe Kinney) Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3305, on second reading by title only, carried, as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. SEPA ORDINANCE NO. 3306 Clerk presented Ordinance No. 3306, second reading, "An Ordinance implementing the State Environmental Policy Act within the city limits of the City of Bremerton through the adoption of a city environmental policy, establishing procedures for determination and consideration of the environmental impact of actions, and adopting by reference SEPA guidelines adopted by the State Council on Environmental Policy." Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3306, on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE - Parking Meters Clerk read, "An Ordinance amending Section 5 of Ordinance No. 2848 relating to Parking Meters." Commissioner Stewart explained the amendment, stating that the word "adjacent" was being taken out so parking meters could be placed at the top of 4th Street at Washington Avenue; that parking meters had been vandalized when they were adjacent to the parking spaces. Motion by Commissioners Schoneman and Stewart to approve the ordinance on first reading by title only, carried as follows: Mayor Jarstad, Yes; Com- missioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE - Water and Sewer Rates Clerk read, "An Ordinance amending Ordinance No. 3147 as amended by Ordinance No. 3184, Ordinance No. 3216, and Ordinance No. 3301 relating to the Municipal Water Supply System of the City of Bremerton increasing water and sewer rates." Commissioner Stewart explained that this follows recent agreement of the City Council to raise rates 5¢ per 100 c.f. on both water and sewer use and industrial rates from 20¢ to 30¢ for water and sewer use, per 100 c.f. Motion by Commissioners Stewart and Schoneman to approve the ordinance on first reading by title only, carried as follows: Mayor Jarstad, Yes; Com- missioner Stewart, Yes; Commissioner Schoneman, Yes. Meeting recessed at 9:40 A. M. and reconvened at 10:05 A. M. COMMISSIONER'S REPORTS; Commissioner Stewart: (1) Will be refunding all the money senior citizens have paid in during August where theyreside in areas where bus service has been eliminated. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval for payment of vouchers 3416-3418, 3420-3491 and cancellation of warrant 3181, inclusive, in the amount of $81,987.99, audited by John R. Ross, carried unanimously. -2- City Council Minutes Page three August 4, 1976 COMMISSIONERS' REPORTS: Commissioner Schoneman - (1) Building Dept. Report, month of July, 77 permits issued for a total valuation of $949,273.00. Largest permit for a new condominium $475,000 by Riptide Developments. (2) Pump Station #13 - standby power - no state or federal funds until completion of the complex facilities sewer planning is done. (3) Pine Road interceptor, no funds. (4) LID Burchfield, no construction funds. (5) LID Marine Drive, no construction funds available. (6) Sheridan Road, Pine to McLean, contractor will be moving in the latter part of this week; poles have been removed; sidewalks, curbs and gutters will be installed between Pine Road and McLean and the city is trying to acquire addi- tional right-of-way. (7) LID alley completed by Street Dept. forces. (8) Warren and 16th - contract has been awarded to Tucci and approved by the state and federal agencies; pre-construction conference scheduled for August 5th. (9) Wheaton Way and Sylvan Way signalization; plans and specifications are to the state for their approval. Only one portion of land to acquire, in front of the former Safeway and condemnation action has been started. This project will give right turn lane going east on Sylvan. (10) Fifth Laning on Wheaton from Hollis to Riddell, have traffic count; letters are being sent to property owners; attempting to acquire six feet on both sides from old Merit Mart; Standard Oil Station has indicated no problem to acquire; still a matter of $700,000 for entire project which is not available at this time. (11) Fifth laning at USS MISSOURI is completed. (12) Pearl Street, project designed but no funds (west of Wheaton). (13) Preparing to pave the Community Theater parking lot. (14) Were some problems with the sanitary sewer pump station constructed by the Navy for bypass but working satisfactorily now. (15') Fishing pier - Park Funds not available to complete. (16) Stairway at north approach to Warren Ave. Bridge now completed; railing will be fabricated and installed there. (17) llth Street to Chester, project is now in hands of Street Dept. As soon as Sheridan Road is completed will be moving into this project. (18) Going to widen a portion of Farragut where Cambrian comes down; will be moving parking strips out to make room for vehicles. (19) Will be moving in on llth and Warren when the power pole on the N.E. corner is moved to make room for the turn radius. (20) Got a letter from Mr. McCluskey regarding FHA mortgages, addressed to the area office director, that the City does not have an ordinance to allow examination of existing buildings. Present code is for new construction and the FHAmortgages refer to existing older homes. (21) Lengthy discussion relating to financing local improvement districts and sewer facilities. 10:30 A.M. HEARINGS: Pontius Rezone Decision; Lindsey Vacation, Kiitos Corp., variance appeal. Motion by Mayor Jarstad and Commissioner Schoneman to hold the hearings and make the decision, as scheduled. Under discussion: Commissioner Stewart stated that Mr. Lindsey had called and wanted to wait the decision until next week. Motion carried unanimously. PONTIUS REZONE - Decision Mayor Jarstad stated this rezone was concerning utilization of a house as an office building under B-1 zone with designated parking. Mr. Pontius presented a letter dated July 29, 1976, in which he said he concurred in the requests of William B. Little and Mr. and Mrs. C. 3. Welton that yellow curb stripes to prevent parking near the intersection be painted on Rainier at Burwell. Mr. Pontius stated he had talked to Mr. and Mrs. Enos and a few other people; that he would be less than honest if he said they were enthusiastic backers. -3- CITY COUNCIL MINUTES Page four August 4, 1976 Commissioner Stewart stated he was still concerned about visibility of coming out of the alley. Mr. Pontius stated he was willing to change it until cars can go out of the alley and see and would be willing to take the fence down if necessary. Mr. Pontius promised to change the fence to increase the visibility. No one was present to offer further testimony. Motion by Mayor Jarstad and Commissioner Schoneman that the fezone of the Pontius property from R-2 to B-1 to be restricted in use to the petitioners request for the utilization of a legal offce be granted and that it be con- tingent to this rezone that the site visibility be taken care of to the satis- faction of the Police Department. On discussion: It was concensus that this building could only be used for an office building. Motion carried unanimously. LINDSEY STREET VACATION - Kitsap Way Clerk stated he had posted notices as required by statute; then read Resolution of the Planning Commission, No. 360, recommending denial; read Planning Com- mission minutes of June 15, 1976; referred to city department reviews and utility comments. Read opposing petitions signed by all residents on Crawford Drive, dated June 15, 1976. Ken Attebery, Asst. Planning Director, indicated the area by use of sketch maps; stated the Planning Dept. has no indication of the intention' for'the request of the vacation. Mayor Jarstad stated this is one proposal he can't see any validity in just taking right-of-way on two streets. This is an unusual application from Mayor's point of view. PROPONENTS Commissioner Stewart stated he received a call this morning at 8:30 A.M. acknowledging the hearing but wanted to get more information from the engineer and asked if the hearing could be held off until next week. OPPONENTS Merlin Frohardt, 1323 Crawford Drive, read short petition dated August 4, 1976, in opposition, signed by all residents on Crawford Drive, which re- inforces their stand. Mr. Frohardt mentioned the following: (1) The un- certainty that Mr. G.Lindsey is experiencing in wanting to get more informa- tion from the city engineer's office; (2) considerable property involved in order to make a sixty-foot street; (3) Mr. Lindsey came in on a weekend and did move dirt which caused considerable dirt movement in rains; (4) there was much effort made before action was taken; (5) should be more information before any action is taken. Commissioner Schoneman stated he was opposed to the vacation of this property for what might be a great need in the future in the widening of Kitsap Way and possibly, also, Crawford Drive if necessary. Motion by Commissioner Schoneman and Commissioner Stewart to deny the request for vacation, carried unanimously. KIITOS - Appeal on Variance Denial Clerk stated he had given notice of the hearing as required by the ordinance; then read Planning Resolution No. 363, Planning Minutes of 3une 15, 1976, letters in opposition by: Paul F. Sutherland, 408 Willow Street, dated August 2, 1976, Dolly I. Hubbard, 310-A Willow, dated 3uly 27, 1976, Louis De Tienne, dated July 21, 1976, letter dated August 3, 1976, from Charles R. Ullock; also, Notice of Appeal from Alvin Colvin, 341 Hill Court, received May 11, 1976; also, noted opposition petitions in the file dated May 3 and May 11, 1976; further, Clerk read appeal dated 3une 25, 1976, signed by William A. Ells, Attorney for Kiitos Corporation. Mr. Attebery, Asst. Planning Director, explained the filing and approval of the short division of Lot 41; then described the variance procedure which was one of the options open to the applicant. Stated that the property was looked at in connection with five showings set out in the ordinance. -4- City Council Minutes August 4, 1976 Page five Mr. Attenbery explained administrative procedure; also, explained how the adjoining property owners were arrived at in connection with variances. PROPONENTS Mr. Bill Ells, Attorney for Kiitos Corp., stated the city was taking an Ipso Facto look at procedures which have been adopted for s~meeighteen months' period. Objected at looking at these procedures after obtaining variance approval and building permit; that Mr. Dean followed every step and then to have this situation arise a full month after the construction had started he thought is totally illogical. He asked to find out if the building permits were issued wrongfully. Claimed the time was not now to correct the legislative procedures at Mr. Dean's expense and today should only be the ministerial process. Stated there was nothing in the ordinance that adjoining owners can appeal; also, stated there was no time period in the ordinance. Stated that Mr. Dean has over $100,000 invested in this project and he should not be penalized in a planning process that ended in April and opened after the fact in May. Mayor Jarstad conmented it was not the intent in the notification of variance that a situation would develop where a petitioner would ask of himself for approval but it would be the neighboring property owners and the City Attorney has stated this hearing would be proper before the City Council. Mr. Ells gave further argument in support of his approval for variances. OPPONENTS: Mr. Ed Mills, 213 Willow Street, asked questions about Kiitos Corp. which were considered not to be relevant to this hearing. His question concerning whether modular homes were standard size, etc. was answered by the mayor who stated these were question of building codes and all buildings must meet city codes. Al Colvin, 341 Hill Court, stated he considered himself one of the adjoining property owners and had written the names of other adjoining property owners on a map which he filed with the City Council. Mayor Jarstad stated it had been already stated by the City Attorney that Mr. Colvin is an adjacent property · owner. He stated he had received a communication from the Planning Department which stated the adjoining property owners do not object in any way; however, he suggested that everyone makes mistakes and recommended the City Council agree with the Planning Commission who have already so stated. Mr. Colvin discussed parking which he stated was not allowed in front yard; questioned whether there was 5800 square feet after there is an easement on the land. Discussed the investment of the neighborhood and that this project would set up a mini-slum. Requested appeal be denied. Commissioner Stewart stated this was in First Addition of Sheridan Park and asked if there was a covenant on the property and Mr. Colvin stated there was not but there were others in First Addition that do have covenant. An unidentified man in the audience stated covenants were put on property where there were homes but not on vacant lots. Phil Best, stated he was attorney for Mr. Colvin, Mr. Terry Olson and Mr. Howard Haven, adjacent property owners. Discussed revocation of the variance; discussed purpose of variances and went through the five showings required by the ordinance and stated he did not believe the applicant needed the variances. Stated the owners in the area have single family dwellings and wanted to keep the area single family. Stated comprehensive plan could not be met either. Mr. Stewart stated there are duplexes all over that neighborhood and Mr. Best stated none in the immediate vicinity and not with that density; stated that none of the lots in an adjoining plat can be further divided. He stated he does not agree that any of the showings have been met and that if the approvals have not been obtained the city has a right to revocation. -5- City Council Minutes Page six August 4, 1976 Joe Bronaugh, 300 Willow, read from RCW regarding short division plats and stated he did not believe the provisions met and everything had been done to avoid regulations and to cut every corner; believes there would be over- crowding of the lot and would be detrimental to neighborhood. Discussion followed concerning the easement. Mayor stated that under the short plat it was the condition that every lot had to have accessibility on a street. Mr. Attebery discussed the agreement for the 15' easement. Mr. Schoneman asked what happens if the duplexes were sold individually and Mr. Attebery explained that the easement would still be a part of the lot area and Mr. Stewart commented the easement travels with the property. Mayor Jarstad commented that the easement was to justify building on the back lot and that this is the first case where he had seen where there is a change in the philosophy maddated when people came before the City Council; that each lot must be on the street. Mr. Attebery stated several short plats have been approved using easements for right-of-way. Mr. L. Valentine, stated he was owner of Lots 32-33, First Addition to Sheridan Park, and was personally aghast at putting this many units on small lots. He was concerned with keeping to the comprehensive plan. Said that Willow and Hill Court are both narrow, whereas Lebo is wide. Mrs. Havens, 343 Hill Court, presented colored pictures of the homes on Hill Court; stated the development would be detrimental; spoke of the value of homes being far more than the modular homes; stated there would be no front yard as there is parking planned there; no room for extra cars or campers. Tom Deem, 205 Willow, stated he felt these people have a right to use their property but under the same laws as others and said he was definitely opposed. Sandi Bronaugh, 300 Willow, asked about parking in front yard. Mr. Stewart stated he was not sure which was the back yard or which the front yard and that many people are parking adjacent to the street. Opposed to putting more traffic on narrow street, only 18' wide; parking has been provided but no traffic control. Has children and afraid of putting six more cars on that street. Fred Tooley, 201 Willow, stated he was opposed, beautiful view and beauti- ful neighborhood; that cars go up and think the street goes through, other- wise not too congested a street. Mr. Schoneman stated the city will place a sign regarding the "dead end". Ed Mill, 213 Willow Street, opposed to granting the variances and opposed to the short division plat on Lot 41; taking in to account the easement, he didn't believe there was enough room for a house on the front; stated this would be as close as one can get to an R-2 in a R-1 zone. Also, pointed out that the easement on the plan is on the opposite side of the location on the short plat. Mr. Attebery stated he did not believe the easement was aoncern as long as access is provided. Mr. Mill used the ordinance on zoning and discussed definitions relating to "yard", front, rear and side. Also, stated the use would be too dense; read provisions relating to off-street parking. Stated he believed Kiitos is in violation of several provisions of the ordinance and state law. Mrs. Cecilia Topness, 206 Willow, stated they are living with some sort of invasion by contractors who want to use their neighborhood; living with unused property and has an esthetic value; not against private residences; Kiitos wants to put in duplexes and Mr. L. Haynes is bulldozing in the area for putting on some four-plexes. Mrs. Tamara Mangrum, 320-A Willow, questioned the method of contacting neighbors relating to the variance; believed there would be a fire hazard and difficult for fire department to get to it; would welcome nice, single dwellings but too crowded on the property with duplexes; only two duplexes on that block. -6- City Council Minutes Page seven August 4, 1976 Would like to see density cut down; pointed out that other duplexes have been converted to single family units. Suggested having the neighbors sign the variance as a protection to the area affected. Mayor Jarstad discussed the procedure of granting variances which has worked well and have had very little affect in the areas involved; that the language is clear that anyone wanting to get a variance has to have permission of adjoining property owners; not the intent to give property owner himself the right to permit the variance but adjoining property owners; that there has been a dicussion that the Planning Department only used variance on one side and he thought that is a bad error and doesn't speak to other side giving permission. Stated he felt that is a protection for people in a community and it is an assistance to the City Council that it was put in and that it would be with no objection from the adjoining property owners. Stated there have been no problems with variances. Mayor stated he concurred with the Planning Commission and would vote that way. Motion by Mayor Jarstad and Commissioner Stewart to deny the appeal. Under discussion: Mr. Dean secretary-treasurer of Kiitos Corp., 9402 N. E. 140th Street, Bothel, 98011, stated in connection with inferences made in the hearing that this project had been discussed with Planning Dept. and the changing of the location of the easement was brought before the Planning Dept., and asked if the location could be moved legally. Mayor Jarstad asked why he had made that request and Mr. Dean discussed the original location of buildings but that they wanted to put them back as far as possible from the street so the easement was changed; had asked for a meeting with Mr. Templeton which did not occur. Mr. Dean asked if the building permits were lawfully issued and Mayor Jarstad stated this was not part of this hearing and the question was the variance. Mr. Schoneman questioned whether the City Council was in conflict with the ordinance, when it is considered that the City Council gave the Planning Director the authority to grant a variance, by the City Council ruling on this and Mr. Olson, Asst. City Attorney stated the ordinance gives the right to appeal to the Planning Commission. Mr. Schoneman stated he thought it was illegal not to notify adjacent land owners; also, thought when land use is Juggled it is illegal and the people should have been notified. He stated if O.K. with the Planning and then structures meet city code, only on basis that variance being approved by the Planning Dept. would the Building Dept. ever issue a building permit. Mr. Stewart commented that people do make mistakes; that the people here do not want this to take place; and that most variances are very minor and handled correctly and neighbors are very happy. Mayor Jarstad stated that adjoining property owners are adjoining owners in looking at total property. Motion carried unanimously. Mr. Dean asked further questions about the issuance of the building permits and Mr. Olson recommended not necessary to make a ruling and the City Council take this question under advisement. Mayor Jarstad advised Mr. Dean that this will take time and he should address his request to the Mayor and City Council. Mr. Ed Mill, 213 Willow St., asked questions again about the short sub-division ordinance and the property and stated he would like to make an appeal; also, that the easement was not properly dedicated. Finally, Mayor Jarstad asked him to file his points with the Planning Department and the city attorney's office and staff will have in-put. Meeting adjourned at 1:20 P.M. -7-