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HomeMy WebLinkAbout07/28/76 UNAPPROVED MINUTES PPROVED MINUTES - CITY COUNCIL - JULY 28, 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 July 28, 1976, at 9:00 A.M., PDST. Attending were: Mayor Jarstad, presiding; Commissioner Stewart; Commissioner Schoneman; City Clerk Yeadon; Asst. City Attorney Sexton and representative of the press. Meeting opened with Flag Salute and Invocation by Rev. J. C. Pults, pastor of the First Nazarene Church, Bremerton. MINUTES Clerk read minutes of July 21, 1976. Minutes stood approved as amended. BRIARCLIFF RESTAURANT - PARKING Clerk read memo. dated July 27, 1976, from Gary H. Sexton, Asst. City Attorney, which noted the action taken in the past by the Planning Commission and the City Council; and that the City Attorney's Office had rendered an opinion of which apparently the City Council had not been made aware; that the opinion concluded the Building Department had not erred in originally issuing a Building Permit for the restaurant and that there appeared to be no viola- tion at the time the permit was issued. Lengthy discussion followed the reading of the memo. Some discussion surrounded the question as to whether they have enough parking for a restaurant and bar. Finally, the conclusion was reached that through on-street parking in the vicinity there was suffi- cient parking. It was made clear that this parking was not limited to the Briarcliff and could be revoked at any time the city wished to change parking or the use of the street right-of-way. Motion by Commissioner Schoneman'and Mayor Jarstad to allow on-street parking on the adjacent roadway to meet the requirements of the Briarcliff Restaurant: Under discussion, Mayor Jarstad stated the property is being properly utilized for all businesses out there and not only for Briarcliff. Don't think there is any question about allowing the unused right-of-way for parking by our citizens; that this re-affirms city's decision to use the unused right-of-way for business purposes and not limited to Briarcliff. Motion carried as follows: Mayor Jarstad, Yes; Cormnissioner Stewart, abstained as has about 5% interest in building in the area; Commissioner Schoneman, Yes. SEPARATION Kevin Dumont, 7/23/76, Water Distribution. Motion by Commissioner Schoneman and Commissioner Stewart to approve, carried unanimously. EMPLOYMENTS Cam McMillin, Extra Labor, Parks & Rec., 7/26/76, $3.20 P/H, Jeffrey Vincent Kelly, 1st Yr. Patrolman (CETA #4611), $1038.38 per month-, effective 7/26/76. Motion by Commissioner Schoneman and Commissioner Stewart to approve, carried unanimously. CLAIM - Mrs. Roy L. Smith Clerk read claim for demages filed by Mrs. Smith on July 27, 1976, for $250.00 to cover broken windshield allegedly through a rock thrown from street sweeper. Will be referred to insurance company. TAXICAB DRIVER'S APPLICATION Roy A. Palmer Clerk presented the application approved by Chief Schlie. Motion by Commissioners Stewart and Schoneman to approve, carried unanimously. MASSEUSE APPLICATIONS - Erickson & Anderson Clerk stated both applications have been approved by Chief of Police and Health Department. Motion by Commissioners Schoneman and Stewart to approve, carried unanimously. -1- City Council Minutes Page two July 28, 1976 MASSAGE PARLOR APPLICATION - LEE'S SAUNA Clerk presented application filed by Sun Hi Anderson for Lee's Sauna, 636 Burwell, who is buying the Lucky Fella Sauna at the same address. Approved by Chief of Police, Fire Inspector, Building Inspector and Health Inspector. Motion by Commissioners Stewart and Schoneman to approve the application, carried unanimously. APPLICATION FOR DANCE - McClellan Clerk presented application for public dance by West Bremerton Reds to be held at Star of the Sea Church on July 28, 1976; approved by Chief of Police. Clerk explained the applicant has paid $37.50 for a quarterly license. Motion by Commissioner Schoneman and Commissioner Stewart to approve the license, carried unanimously. APPLICATION FOR LION'S PANCAKE BREAKFAST ON STREET Clerk presented application for street use by Lions Club on Aug, 28, 1976, for annual pancake breakfast; approved by Chief Schlie. Motion by Commissioners Schoneman and Stewart to approve, carried unanimously. SURPLUS - WEAPONS Clerk read memo dated July 27, 1976, from Chief of Police recommending the following weapons should be declared surplus and used for trade-in. These are no longer serviceable and the department would like to purchase two up-to-date rifles. Two Winchester Model 07SL in .351 Win. Caliber Serial 49614 and 48898; and two H&R Reising Model 50 in .45 A.C.P. Caliber Serial 87651 and 57120. Motion by Mayor Jarstad and Commissioner Stewart to approve of surplusing the weapons as recommended, carried unanimously. BID AWARD - BOAT, TRAILER & EQUIPMENT Clerk read memo dated July 27, 1976, from Chiefs of Police and Fire Dept. recommending that the bid be awarded to low bidder Glas-Ply of Marysville, for $7,826,80. All specifications have been met. Motion by Conmissioners Schoneman and Stewart to award to low bidder Glas- Ply as recommended, carried unanimously. BRUSH LEASE - WATER SUPPLY Clerk read memo dated July 26, 1976 to Commissioner Schoneman from Erv Heath, Water Supply Supervisor, recommending the brush picking lease be renewed for another four years as allowed under the present lease; that Robert and Ed Kanekkeberg have picked during the past four years, they are reliable and desirable people in a restricted watershed area; that sale price for merchantable brush has not changed much in recent years; and the annual $2,510 payment to the city is a fair price. Present con- tract expires August 1, 1976. Motion by Commissioners Schoneman and Stewart to continue another four years the lease with Kanekkeberg and that they be responsible to pay all taxes concerned with the lease. Under discussion: Commissioner Schoneman discussed the benefits of this harvest of brush to the city. Carried unanimously. TRANSIT ROUTES - FRANK RANDALL Frank Randall, B.C.T. manager made an appeal to the Council to keep Navy Yard City run, because third in ridership in the system, Suggested way to speed up service in part of the city. Proposed going down Kelly Road and not on Rocky Point and only part way down Marine Drive; eliminate Erland Point and Jackson Park. Considerable discussion followed. Com- missioner Stewart stated the bus system must run within the budget and he was opposed to runs in the county which result in cost to the city taxpayers. Stated there is a need to eliminate one bus. Mayor Jarstad stated that Commissioner Stewart had the authority to make changes in the routes. Mr. Stewart stated the manager should do what they can to eliminate one bus run and eliminate Navy Yard City route and give better service to Kitsap Lake and Marine Drive; and had previously stated there would be no service to Rocky Point, Erland Point and Jackson Park. -2- City Council Minutes July 28, 1976 Page three PONTIUS REZONE HEARING Motion by Mayor Jarstad and Commissioner Stewart to open the Pontius Rezone Hearing, carried unanimously. Clerk stated he had posted, mailed and advertised as required by ordinance. Clerk read Planning Resolution No. 345 recormmending denial from R-2 to B-l; then read minutes of Planning Commission dated March 30, 1976 and department reviews. Also, read letter from Dean Pontius explaining his proposed use of the property. Ken Attebery, Asst. Planner, explained the area using a colored zone map. Mr. Schoneman asked if professional person could practice in a residential zone. Mr. Attebery explained as long as he resides there and there is no outside persons working there and that an attorney could certainly practice law in his home. PROPONENTS Dean Pontius pointed out the area using a site plan; stated he did not believe this would alter the character of the area; he hoped to obtain parking across the street in an area already zoned commercial; not a favorable location for residence due to noisy traffic; would improve the parking on Rainier by eliminating the residence and installing parking either across the street or in the back yard. Stated he would not have need for many spaces. He stated the Planning Commission made their decision based on a policy of the City Council to strive for no new business on Burwell Street and this is not on Burwell but on Rainier and would not be out of context with others in the neighborhood. Mr. Schoneman asked if he would object to a covenant to keep the house on the land. Mr. Pontius stated he wouldn't object to a covenant; that he intended to keep the house for a period of time. Mr. Schoneman stated that the planning for Burwell Street is not to put businesses on it and keep it clear. Mr. Pontius stated the property across the street he wishes to purchase for parking is in litigation but he is the only one who has shown an interest in it. Concerning the complaint relating to a fence in the back cutting down on driving vision, he has had the fence moved; and stated he is willing to make any changes to accomodate the neighborhood. On question of Mayor Jarstad, Ken Attebery gave a list of allowed uses in B-1 zone and stated they were primarily to serve residents. Mayor Jarstad stated he wanted to go see the property; also, he wanted reasonable application of zoning in the area; one of the city's busiest streets and some of the older homes. Asked Mr. Attebery if he thought a new residence would be built in such an area which is surrounded by apartments and business buildings and on a noisy corner. Mr. Attebery stated he couldn't see a residence but multiple residence perhaps. OPPONENTS Mrs. Vera Gledhill, 138-B Rainier, stated she lives three lots from the proposed change; thought the city owned the lots across the street but was assured by Mr. Pontius that the title company records indicate it belongs to Bert Marshall of Bellevue. Complained of heavy parking on the street and have had to call police because of problems of parking. Mayor Jarstad commented that Mr. Pontius has stated he would make avail- able parking at the back of the house and this could be made a condition of the rezone. Mayor asked if she would have any objection if he took care of the parking and she said she would not but she would like to see the parking first. Mayor Jarstad stated off-street parking could be required. Mr. Attebery commented he probably couldn't get eleven spaces -3- City Council Minutes Page four July 28, 1976 due to yard limitations but could probably get eight spaces. The require- ment is four. Mr. Pontius stated would be all maximum parking; that he had measured Diamond lot and took a happy medium for stall size; and said he would be happy to use parking across the street or in his back yard. Commissioner Stewart stated a covenant could not be put on property he does not own. Mr. Pontius stated language could be used that this property not be used for business purposes unless he either acquired property across the street for parking or provided parking in the back yard; that would make it so he could not use the building unless he had parking. Further discussion was held regarding the fence which the neighbors had complained as obstructing the vision at the alley. Mr. Pontius stated it did when he bought the property but he has since changed the angle of the fence and has helped the visibility. He stated he would like to have a fence to keep things from being thrown on the property and to help cut down noise. Mayor Jarstad stated it seemed to be a major concern of the Planning Com- mission that the City Council did not want any more business on Burwell; that had to do with traffic generators and he did not think this proposal would be a traffic generator. Mr. Stewart stated he would like to have restriction on the rezone con- cerning parking; he would have to guarantee parking and blacktopping for the parking and he didn't want to see a gas station, etc. building there. Mr. Stewart asked the opponent what she thought the general feeling is about a law office going into the area and Mrs. Gledhill said they want to keep it R-1. Motion by Mayor Jarstad and Commissioner Schoneman that the City Commissioners have the opportunity to view this property and render a decision on this proposed rezone at the following Council meeting. Under discussion: Mrs. Gledhill stated that as long as there is parking she didn't think there would be objection except for Mrs. Enos; however, she thought Mrs. Enos would give in with the problem of parking solved. Carried unanimously. HEARING - SEPA ORDINANCE Andy Olson, Asst. City Attorney, explained the need for and provisions of the ordinance which is required by a new state law. Clerk read letter dated July 26, 1976, from C. R. Ullock making two recommendations. Mr. Olson answered this his first recommendation is taken care of in the ordinance although the language is more terse than that recommended; and the recommendation concerning the Appendix he did not feel the Appendix is proper or necessary to be included in the ordinance. Mr. Stewart asked what is going to be done differently than in the past and Mr. Attebery stated the city has been going through a procedure similar to that proposed here but this will formalize the procedures, will add more paper work, and will add a $50.00 fee for actions that are not exempt. This will lay down administrative procedure for building an assessment. Mayor Jarstad noted the good done by the attorney's office and planning office in pre- paring the ordinance. Clerk read, "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 approve the ordinance on first reading by title only. Discussion was held concerning whether the ordinance should be passed as an emergency. Mr. Stewart opposed this method. The main point to be considered was the charge of $50.00 to be borne by the petitioner, Mr. Olson stated that if the City develops an EIS the developer pays the cost or the City would have him have the EIS prepared elsewhere. -4- City Council minutes July 28, 1976 Page 5 MOTION amended to add the following: By Commissioner Stewart and Mayer Jarstad that all costs for threshhold determination be borne by the person requesting it. Motion and amendment carried unanimously. REPORTS: Commissioner Schoneman - 1. Has some material for disposal; 600 C.Y. sludge; recommended advertising for bids for the entire quantity and if not sold in its entirety, then sold in small lots. Motion by Commissioners Schoneman and Stewart that the sludge be offered for sale by bid, carried unanimously. 2. Has requested Civil Service Commission to hold an examination for Wastewater Supervisor and also Serviceman I for the city garage. 3. Smoke testing continues. Showed a map of area completed and the area which is still to be done. 4. Water sales average is 13 m.g. per day; also, planning to activate Well No. 4 at Anderson Creek. This particular well would serve all the needs of Port Orchard who has a dire need for water. 5. Presented for the file a letter from Art Anderson Associates dated July 22, 1976, relating to Completion of Engineering Services for Bremerton Community Theatre. 6. Will be having a coffee and cake time at 3:00 P.M. today in honor of retiring Albert O. Herrmann, Wastewater Supervisor. This will be in the Public Works and everyone is invited to attend to honor Mr. Herrmann who has twenty-six years of service. 7. Attended Change of Command Ceremonies on the USS SACRAMENTO on Saturday. Last Friday evening welcomed Japanese exchange students from sister city Kure. Was happy to receive the three of them and one mother of a former exchange student. Mayor Jarstad - 1. Concerned over the length of time allowed on the meters on the First Street Wharf area; asked for consideration for something less than the present six hours. Evaluation of the use of the meters indicates they are being tied up for entire time with Seattle ferry users or local employees. Also, there are some very active retail businesses in that area and it would be better utilization of the meters with shorter time. Motion by Commissioner Stewart and Mayor Jarstad to change to two hours, subject to availability of the two-hour meters. Under discussion: Com- missioner Schoneman stated it might be well to bring to the Port District's attention because the city shares with them; also, parking area will be changed when the district installs the improvements being planned. This action may be temporary. Will be losing the turn-around on the wharf. Motion carried unanimously. Meeting recessed at 11:57 A. M. to 4:00 P. M. this afternoon. City Council convened at 4:15 P. M. in the City Council Chambers with Mayor Jarstad, presiding. Also present were Commissioner Stewart, Com- missioner Schoneman, City Clerk Yeadon and Asst. City Attorney Ryan. Also present was representative of the press. CITY COUNCIL MINUTES July 28, 1976 Page six DORNALD SHAW - Rezone & Change of Land Use Restrictions Clerk explained that the City Council on his reconnendation had set hearing dates for August 18th for the rezone and change hearings and September 1st for the vacation request; that the Planning Dept. has suggested these should be held at the same time because they are inter-related. Clerk suggested making the change. Motion by Mayor Jarstad and Connnissioner Stewart to set the hearing dates for September 1, 1976, at 10:30 A.M. and cancel the previous August 18th dates, carried unanimously. ORDINANCE - KINNEY REZONE Clerk read "An Ordinance amending the use and area maps according to Ordinance No. 1792 (Joe Kinney)". Motion by Mayor Jarstad and Connnissioner Stewart to approve the ordinance on first reading by title only, carried as follows: Mayor Jarstad, Yes; Connissioner Stewart, Yes; Commissioner Schoneman, Yes. PROPOSED LEASE - Pettibon Clerk presented proposed lease which had been amended after first presenta- tion last week. Mayor Jarstad suggested putting in a section which would provide for the lessee to pay the city 20% of any sub-lease income. Motion by Commissioners Schoneman and Stewart to accept the agreement as written with the amendment to include 20% of any additional leases that may be concluded with others on the watershed property, carried unanimously. NAVY LOAN - SHIP MODELS Clerk stated the Navy contract has been received to extend the original contract as previously extended, from June 4, 1976 to June 4, 1977. Motionby Commissioner Stewart and Mayor Jarstad to approve the contract and authorize the mayor sign for the city, carried unanimously. HASELWOOD & CITY EXCHANGE OF PROPERTY Clerk stated Mr. Lincoln Perry had requested a contract be allowed instead of requiring cash on the transaction. Discussion followed and concensus was that cash be required. LETTER - United Assn. Plumbing & Pipe Fitting re: Smoke Tests Clerk read letter signed by R. F. Crittenden, Business Mgr., Local 631, that where smoke tests indicate faulty plumbing, this should be inspected and corrected. Also, that back flow preventers are being installed in many buildings but are not having the proper test procedures required for cross connections. Asked that necessary action to correct these conditions be taken as soon as possible. Commissioner Schoneman stated that owners will be notified where smoke tests indicate a need for correction that they will have to make the correction. RESOLUTION No. 1684 (Dornald Shaw Vacation Hearing) Clerk read "A Resolution setting date of hearing for the Dornald Shaw Street Vacation, for Septamber 1, 1976, at 10:30 a.m." Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1684, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE No. 3303 (Emery Rezone) Clerk read, second reading, "An Ordinance amending the use and area maps according to Ordinance No. 1792 (Walter Emery)." Motion by Commissioners Schoneman and Stewart to pass Ordinance No. 3303 by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stemart, Yes; Commissioner Schoneman, Yes. ORDINANCE No. 3304 - (Condemnation Wheaton & Sylvan) Clerk read, "An Ordinance declaring the need for condemnation of a strip of land in and through certain real property for the purpose of improvement of the intersection at Wheaton Way and Sylvan Way; and declaring an emergency." Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3304, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman,Yes. -6- City Council Minutes Page seven July 28, 1976 FAM FUNDS Clerk read letter dated July 21, 1976, from Highway Comanission asking the city which alternative it would recommend on distribution of FAM Funds; either direct to the city or through a Sub-Regional Transportation Committee, or Metropolitan Planning Organization. Letter set forth recommendation of the state in favor of alternative No. 1, direct allocation. Motion by Commissioner Schoneman and Mayor Jarstad that the city follow the recommendation for alternate proposal No. 1 wherein have direct allocation, carried unanimously. SEWER DISTRICT No. 1 (Navy Yard City) Commissioner Stewart stated he wanted to start legal action and forget negotiations with the district, either start billing, plug the pipe, or sue them. Commissioner Schoneman stated he would like reconnnendation from the Attorney first. Discussion was held on working out a comprehensive motion. Motion by Mayor Jarstad and Commissioner Stewart that the city start sending bills under the formula of our own rate plus 50¢ surcharge for their taking care of their pipes and at the same time to prepare a court action to settle in court and the city is not going to enter a ten-year or any lease that does not tie in with the new facility, and they would maintain their own lines for the surcharge of 50¢, carried unanimously. Commissioner Schoneman stated the City Attorney should be made aware of this in the event he is in the middle of conversation so he is not put on the spot. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval of vouchers 3350 to 3415 inclusive in the amount of $19,027.53, audited by John Ross, carried unanimously. Recessed at 4:20 P.M. Meeting came to order at 4:45 P.M. with the same persons being present. Also, present were a number of residents of the Willow Street area. LANCE HAYNES REZONE DECISION Mayor Jarstad made some remarks as to his absence last week and his thoughts about the rezone which were based on policy of the past concerning that area. Commissioner Schoneman explained the purposes for postponing decision at last Council meeting. Giving some thoughts on the fezone area, stated it has always been R-1 and there was an attempt prior to selling to service people to maintain this zone; the residents wish to maintain R-1 and realize there is a covenant running with the land; apartments constructed nearer the bridge with no protests but with different elevation; also, in studying the building noted when it fronts a main highway this becomes the elevation and not the highest point that can be found; that the apartments that are there now are two-level with garage underneath and the plan presented had three floors of living-units and a garage underneath. In discussing this with Mr. Costello, Building Inspector, it was determined that this is a three-story for living units. Mr. Schoneman stated further that Mr. Haynes' plan is good and apartments are needed; but after reviewing the testimony given last week and the site he could not render an opinion in favor of Mr. Haynes; believe it should remain for single residences and duplexes from now on and put whatever covenants on it that can be done in the planning of the area to see that it remains always an R-1 zone. Commissioner Stewart in his comments stated he has considerable contact with both the'developer and the neighbors and the people simply do not want this rezoned. That should be enough and Mr. Haynes is the only one who has contacted Commissioner Stewart in favor. Mayor Jarstad discussed at some length the development of the Lions Playfield and the future of the use of the area plus the need for additional land for the playfield at some time in the future. Pointed out the beach frontage that has been obtained out to Sulphur Springs. Discussed the improvements -7- City Council Minutes Page eight July 28, 1976 on the waterfront area for the entire community and the future improvement by installing picnic area and expanding the play facilities. Stated the City Council has allowed apartments in this general area where it was not injurious to the citizens in the R-1 area that are surrounding Lions Field. The city has rezoned right up to back of Stephenson's Canyon; and did have opposition but it was backed up by the canyon, did not block anyone's view and had the rest home above. Also, did rezone for condominiums where they back up to city property. Mayor Jarstad stated as the city continues to develop one of the larger recreational areas that he felt there were enough structures and should keep the low profile there now and as the area goes down to the Lions Field. He said it would be his recommendation to designate the area from Lent's Lane to Sheridan Rd on Lebo to be R-1 and public use category on both sides/ Also, as demands come he would personally like to see everything on the water side of Lebo Field that is adjacent to present city ownership as park land. Also, stated the people living there feel the pressure of the use of the field and he stated he was con- there feel the pressure of the use of the field and he stated he was con- cerned about traffic. Mayor Jarstad stated that in the future they may find it is the will of the people, when the property may reach high enough value, that there would be negotiations to turn that entire property into a park and recreation vista. Suggested to protect the people from the use of the Lions Field and from being ringed with apartment buildings and deny them the view and access to this area that the city start procedures to change the comprehensive map, which is a guide, so the area mentioned would be utilitized as it is now or public use. Mayor Jarstad stated his feelings were to do with the long range development of the area when he talked to Commissioner Stewart. He said further from what he has heard and from his fellow commissioners and from his own thoughts there is no question that the rezone will be denied. Motion by Commissioners Schoneman and Stewart that the petition be denied for a rezone, carried unanimously. Motion by Mayor Jarstad and Commissioner Schoneman that the City Council instruct the Planning Commission to start the necessary processes to amend the comprehensive map so that the entire area from Lent's Lane to the boundary of the Sheridan Road intersection be designated as R-1 or public use, on both sides. Under discussion: Mayor Jarstad stated this is to start the process and if the area is going to be used for R-1 it should be so designated and not R-2. The people will be able to put their ideas into the plan. He stated he wanted to get this conception off the map that this is R-2 on the comprehensive plan. Commissioner Stewart commented that the comprehen- sive plan does not bear that much weight and Mayor Jarstad explained that he was still in favor and the city would be able to inform an applicant of the land use in the area. Motion carried unanimously. Meeting adjourned at 5:07 P.M. G. C. Yeadon, St. City Clerk Approved: Glenn K. Jarstad, Mayor