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HomeMy WebLinkAbout12/22/76 COUNCIL MINUTES December 22, 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, on Wednesday, December 22, 1976, at 9:10 A.M., PST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoncman, City Clerk Yeadon, Assistant City Attorney Ryan, and members of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. L. Shultz of the Charleston Baptist Church. MINUTES OF DECEMBER 15, 1976 Clerk read minutes of Dec. 15, 1976. Mayor Jarstad ordered the minutes approved as amended. PAYROLL VOUCHERS Claims Fund, F1CA and Bank Service Fees, $3,961.33; and Salary Fund, gross payroll Nov. 29, 1976 through Dec. 12, 1976, $142,841.52, both audited by John R. Ross, City Auditor. Motion by Commissioners Stewart and Schoneman to approve the Payroll Vouchers, carried unanimously. CLAIM FOR DAMAGES Clerk presented claim for damages from City Hand Laundry, 1002 Fourth St., broken water main, $280.20 plus cost of 90,000 gal. of water. Copy of the claim has been sent to insurance company. RELIABLE STEEL FABRICATORS (TRACYTON RESERVOIR CONTRACT 1535) Clerk read memo, dated Dec.. 20, 1976, which stated that City Council on Nov. 24, 1976 accepted as complete the Reliable Contract for Tracyton Reservoir; that the retained percentage has been kept in an escrow account; all clearances necessary for the release of these funds have been received; and requesting that the City Council authorize City Clerk to inform the bank to release escrow funds to Reliable Steel Fabricators as of Dec. 24, 1976. Motion by Commissioner Schoneman and Mayor Jarstad to authorize City Clerk to inform Seattle Trust and Savings Bank to release escrow Funds to Reliable, carried unanimously. EMPi, OYEE'S RETIHEMENT FUND Clerk presented Occember rebircment list, informing the City Council that it had been changed with a 107 increase in benefits. Motion by Commissioner Stewart and Mayor Jarshad to amend Hec. Pension List for an increase of 107 and hold the Jan. list until next month, carried unanimously. THEATRE CONSTRUCTION FUND CLOSEOUT Clerk read memo from City Auditor, dated Dec. 20, 1976, which stated that the Community Theatre parking lot is complete; that this project was adver- tised at an estimated cost of $9,327.00 and the total billings received are $11,630.61; that there is a deficit of $1,387.76 in the Theatre Constrmction Fund; and recommending that this amount be transferred to the Theatre Construe- tion Fund and this fund be closed out as of Dec. 31, 1976. Motion by Mayor Jarstad and Commissioner Stewart to transfer $1,387.76 to the Thcatr'c Construction Fund from the Cumulative Reserve for Genera] Municipal Purposes Fund and advertise the final contract cost of the parking lot and that Andrew Pendcrgast, Parks Superintendent, be directed to look into the need of a proper plaque to indicate the sources of funds and refer. the proposal back to the City Commissioners For approval and that he work with a representative of the Theatre Association in this regard, carried unanimously. CITY COUNCIL MINUTES December 22, 1976 Page two BID AWARD - BELLY BLADE Clerk stated that the Parks Dept. had decided to buy the Belly Blade, and the City Council should reject the bid from Glenn Helm. Motion by Mayor Jarstad and Commissioner Stewart to reject bid of Glenn Helm and transfer the belly blade to the Parks Dept., carried unanimously. REPORT OF' RECENT ACTIONS OF PLANNING COMMISSION Clerk reported on the recent actions of the Plarming Commission Meeting of Dec. 14, 1976 concerning Obie Outdoor Advertising, Kitsap County Alcoholism Central Service Center, Mr. Terry Schram, Dr. Michael Cormoily, Ronald Ross, Ria O. Wells, and B. R. Cressman. CHARLESTON TREATMENT PI.ANT Clerk reported that following the action of the City Council on Dec. 15, 1976 regarding an appraiser for making a valuation of the Charleston Treatment Plant, Commissioner Gene Lobe called him and stated that Ray Richards would be satisfactory with the County for making the appraisal. Motion by Commissioner Schoneman and Mayor Jarstad to retain Ray Richards for making the appraised valuation. Under discussion: Commissioner Stewart dis- cussed the city's liability in accepting a high percentage of the sewerage from Kitsap County and Port Orchard and stated that the compensation being considered for the City is not sufficient for the liabilities being incurred and he hoped the City Council would be cautious before entering into a contract. Motion carried unanimously. LEYDE SUBSTANTIAL DEVELOPMENT PERMIT City Clerk reported that correspondence indicated the Shorelines Hearings Board has set a prehearing conference for Monday, Jan. 17, 1977 at 10:00 A.M. at Lacey, Washington and a probable hearing will be held Friday, Feb. 25, 1977. Clerk noted that correspondence has been issuing from the Shorelines Hearings Board and that neither the Planning Dept. nor the City Clerk has received any of the official correspondence; that the Planning Dept. has obtained documents f'rom Attorney Phil Best, who is not working for either the City or Bremerton or the Leyde Enterprises. PETITION TO TERMINATE UTILITY EASEMENTS, RAINIER BANK CO. City Clerk read petition from Rainier National Bank, dated Dec. 20, 1976, asking the City of Bremerton to terminate any and all easement rights that they kept or maintained under Ordinance No. 3127 for an alley between 6th and 7th. Motion by Commissioners Schoneman and Stewart to accept the termination of this easement subject to approval of the City Attorney's office, carried unanimously. BOND REFUNDING Clerk read letter from William N. Appel, dated Dec. 17, 1976, which stated that the Bond Counsel feels that there is no material disadvantage to the City in carrying out the refunding operation. CORRECTION OF BOND REFUNDING AGREEMENT Clerk stated that there had been two mistakes made in the Bond Refunding Agreement and asked City Council to approve amending the agreement by initialing. Motion by Commissioners Schoneman and Stewart to amend Agreement by initialing from $750,000.00 to $755,000.00 and 7.30% to 7.252%, carried unanimously. HEARING -HUD BLOCK GRANT FUNDS Motion by Mayor ,Jarstad and Commissioner Stewart to hold the HUD Block Grant Funds Hearing at this time, carried unanimously. There was no one present to give further testimony on the HUD Block Grant Funds Hearing, and Mayor Jarstad stated that the City will set priorities. -2- CITY COUNCIL MINUTES December 22, 1976 Page three PUBLIC EMPLOYEE'S RETIREMENT SYSTEM Mr. Lloyd Baker, Asst. Director in Charge of Public Employee's Retirement System had been lnvited to speak to the Council and interested employees relating to the most recent laws and the strength of the funds. He spoke for approximately 25 minutes. City Attorney Walgren entered the meeting and Mr. Ryan departed. TAPE #96 HEARING - CHARTER HOUSE VARIANCE (PARKING) 259(B) Motion by Mayor Jarstad and Commissioner Schoneman to hold Parking Variance Hearing at this time, carried unanimously. Meeting recessed from 10:36 A.M. till 10:50 A.M. Clerk stated he had advertised and posted as required by law. He then read Planning Commission Resolution No. 377; Planning Commission Minutes of Nov. 16, 1976; and correspondence in opposition to the parking variance from Manette Peninsula Neighborhood Association signed by James Kilduff, President, Mrs. Dorothy Martin, John & Lucille Powell, Roger Gray, Glenn L. Vockrodt, Clarence F. Martin, Lucille C. Love, Violet E. and Robert A. Carlson, Marie Lyman, Mavis C. Elynn, George McKeown, Bill Slach, Marjorie S. Peterson, Thorman Lunden, Raymond H. and Helen G. Ludeman, Ira R. Rhodes, and Paul A. Halvorson. Clerk then read letter from Dean A. Chaussee, dated Oct. 11, 1976, requesting a parking variance to allow 13 on-site parking spaces for 30 units in lieu of 30 parking spaces. Commissioner Stewart asked City Attorney Walgren if it would be possible to have more parking spaces put in at a later date, and Mr. Walgren stated that it would be difficult to enforce. Mr. Attebery, Asst. Plannin2 Director, gave a presentation on the parking variance using the Staff Review and Recommendation and accompanying maps. PROPONENTS Mr. Tom Harader, architect for Charter House Associates, stated their consider- able experience indicates that senior citizen housing for low-income people has resulted in very little need for parking and that 13 spaces would be ample including for visitors, and that parking for visitors is not required in City Ordinances. Commissioner Stewart stated it concerned him that the developer could dispose of the building after 5 years and from a new ownership, parking problems could occur. The architect stated he had enough land for 30 spaces but he wanted to leave green open space. OPPONENTS Margaret Nelson, 1300 Winfield Ave., stated she was not notified of this project and Mr. Attebery stated that notification was not necessary to nearby residents; however, those residents who were thought to have an interest in the project were notified. Dorothy Martin, 1408 Winfield, complained about lack of parking spaces in the neighborhood and the heavy traffic. Dora Weaver, 2010 Parkside Dr., questioned whether there was enough room on 1/2 acre for parking and was also concerned about the steepness of the land and the architect stated it is relatively flat on the top then there is a bank and as the land goes down, it levels off. There is to be an access on the bottom side. Linda Davidson, 3005 Mountainview Dr., recommended there be ample parking for senior citizens and space for visitors to keep people from walking across Wheaton Way. Glenn Vockrodt, 1409 Marlow, expressed interest as to whether East 14th St. was still a dedicated street and Commissioner Stewart said part of it is; but Mr. Vockrodt stated that it may come under the 1905 law. He said the Manette Community does not believe one parking space per unit is sufficient and would like to see the -3- CITY COUNCIL MINUTES December 22, 1976 Page four ordinance changed; that the ordinance has been in force since about 1942 and the situation has changed and he believed conditions regarding parking will be worse in the future. He further stated that there is plenty of space to put in additional parking and there are tall tress that can be saved. Mayor Jarstad stated that he is well aware that in this neighborhood there is no additional street parking to take up the slack of any need for additional parking that may come in there. There was discussion as to whether the neighbor- hood would like to have green belt and open space or parking provided. Consensus appeared that the people would like to have parking provided. Mayor Jarstad commented that there has not been sufficient experience in Bremcrton to know how much parking is needed at low-income senior citizens' apartments. He stated further that knowing the area and knowing that across the street the apartments do have quite a Few vehicles and the tenants are elderly, that parking require- ment is a question. Mr. Dean Chaussee stated that the apartments would be rented to people 62 years of age or over with low income, which is a maximum of $5,000.00 per year, and these apartments tend to get people without cars. Commissioner Schoneman stated he was going to concur to allow 13 spaces for 50 units provided there is something written in that in the event the occupancy is changed to some other method from elderly, that they will then provide the balance of the spaces on their own land and this is the way the City would write the building permit. He also stated there was parking within two blocks of the area. Motion by Commissioner Schoneman to concur with the Planning Commission with those conditions placed in either the building permit or a covenant. Motion died for lack of second. Motion by Commissioner Stewart and Mayor Jarstad to deny the request for the parking variance. Under discussion: Commissioner Stewart stated that he did think there would be adequate parking with this configuration for senior citizens, but the way this contract would be written and the advice of the City Attorney that it would be difficult to enforce if further parking was required in the future, he would have to favor denying the request. He again stated he was concerned that the occupancy could change after 5 years rather than 20 or 30 years into the future and there is no place for parking on the streets in this area. Motion carried as follows: Mayor ,Jarstad, Yes; Commis- sioner Stewart, Yes; Cormmissioner Sohoneman, No. HEARING - SHORELINE MANAGEMENT HEARING/ViCTOR WOWARAS Motion by Mayor Jarstad and Commissioner Stewart to hold Shoreline Management Hearing at this time, carried unanimously. Hearing was recessed for bid openings. Motion by Mayor Jarstad and Commissioner Stewart to open bids, carried unanimously Bremerton Concrete Products Co., cashier's check for $50.00 enclosed, $5.55 per foot; Lundberg Concrete Pipe Co., Inc., cashicr's check for $50.00 enclosed, $5.51 per linear foot; and Associated Sand & Gravel Co., inc., bid bond enclosed, $5.60 per linear foot. Motion by Commissioners Schoneman and Stewart to award bid to Brementon Concrete Products Co., as the lowest bidder, carried unanimously. TAPE #96 HEARING CONTINUED - SHORELINE MANAGEMENT HEARING/VICTOR WOWARAS 1750 {B) City Clerk stated he had advertised and posted as required by law. Mr. Attebery, Asst. City Planner, presented and discussed the Staff Review. Commissioner Stewart stated that hc and the mayor live within about a block of the area and he wondered about the appearance of fairness. City Attorney Walgren advised them to continue with the hearing. Mr. Attebery stated the present site plan is different from the original and there will be a hearing conducted by the Planning commission next Tuesday, Dec. 28, 1976, to determine if this site plan is satisfactory. Discussion was held -4- CITY COUNCIL MINUTES December 22, 1976 Page five about how far the project was from the beach and it was stated that it was over 80 ft. Mayor Jarstad stated that Mr. Schuyler has for several years had the intention of giving the beachfront property to the City and in this proposed project, he has stayed with this concept of giving the beach area to the City. OPPONENTS Richard Weld, 126 Lebo, testified at length in bringing out various details and used as a basis for his initial testimony a petition from the Sheridan Neighborhood residents signed by Charles Progh, 124 Sheridan, and 29 other residents. Particular emphasis was placed on the retention of two Madtong trees on the the high bank of the property which he stated were over a hundred years old, are historical landmarks, and have root structures which stabilized the bank. He discussed traffic and a natural stream on the west side of the property which abounds with wildlife. He also suggested that water flowing at a high speed in the storm drains would be difficult to tap because there is a possibility of a "hydraulic jump" which may force water back up a smaller pipe. Commissioner Schoneman discussed the plans for more sewers in the area as soon as money is available and he is hoping this money will be available not long after the first of the year and the sanitary sewers will be corrected by an improvement. He also stated there is another 18" storm sewer line that could probably be hooked into. Mr. Weld filed the petition. Mrs. Margaret Carey, 109-B Oak St., read a statement dated Dec. 22, 1976 which called attention to the Madrona trees and stated the beach below this property is designated a "conservancy" area and the upland portion should not be disturbed within 200 ft. of the shoreline according to Shorelines Act. Another point discussed in her letter was the concern of the creek on the one side of the property and the wildlife. Mrs. Carey filed her letter with the City Clerk. Mr. Weld quoted From a Shorelines Management Act regarding the "conservancy" area which he claimed required hearings in order to change the designation. Mayor Jarstad stated that annexation procedures and hearings had been held all of which designated the area as R-1 followed by hearings on rezoning from R-1 to R-2. Later in the hearings Mr. Walgren stated the sections Mr. Weld read would have no effect on this project. Mr. Weld read a handwritten letter dated Dec. 22, 1976, which he filed with the City Clerk. His letter discussed the "conservancy" question and the site plan, which he felt showed a building to be built on the edge and slightly overhanging the high bank. His letter further proposed the different arrangement of some of the units to avoid the high bank and the access problem. Also, his letter discussed the stream and the amount of sewerage which can be expected from 144 units, which he believed would overflow the treatment plant at certain times of the year. His letter concluded that an EIS should be prepared and a permit should be denied at this time. After discussion of these matters, Mr. Weld stated he would be willing to go to Portland and discuss the arrangement of the buildings with the architect prior to next Tuesday's Planning Commission Meeting. Some discussion was held about ingress and egress. It was considered that traffic problems and engineering problems would be handled at the time of application for a building permit. Commissioner Schoneman stated that approxi- mately 7 different persons are involved with the approvals. Mr. Schuyler, son of the owner, was in favor of keeping the old Madrona trees. Mr. Wowaras stated the Council has his verbal word that if the developer can save any trees, it would be done because they would have to be replaced otherwise, and that would be expensive. Mr. Weld claimed the buildings should bc moved back 20 ft; in fact,at one point in the hearing, Mr. Weld had suggested moving buildings back of the 200 ft. mark from the wetlands. Mr. Wowaras said he has tried to comply with all desires and work with everyone and this property could be used for over 400 units and the buildings could be 70 ft. in height. Commissioner Stewart was interested in solving the problem, if there is one, of the driveways and again it was stated that the traffic engineer will not allow driveways if they are not right, to which Mayor .Jarstad agreed it was true. -5- CITY COUNCIL MINUTES December 22, 1976 Page six Motion by Mayor Jarstad and Commissioner Schoneman to approve the issuance of the Shorelines Management Permit as requested by the petition subject to thc recommendations of the Planning Dept., which are: The condition that the site be developed essentially as proposed on the site plan submitted with the permit application, should be the primary condition of approval. Further to insune that the character of the shorelinc remains in a parkslike character, attempt to soften the visual impact of the apartment development from the shoreline would be appropriate. Therefore, substantial landscaping including trees, should be provided between the Tracyton Beach Road and the apartment buildings to insure proper screening. Existing large madrona trees located on the shore- line side of the site should be preserved. The developer should also be encouraged to dedicate the property between Tracyton Beach Road and the shoreline to the city for expansion of the Lions Playfield/Tracyton Beach recreation area. Access should be controlled particularly at the intersection of Lebo, Sheridan and the Tracyton Beach Road. Two suggested alternative conditions are: (1) All access be located within the north half of the site frontage on Sheridan Road as suggested by the Engineering Dept., or (2) The access shown on the site plan at the intersection of Lebo, Sheridan Road and Tracyton Beach Road be Limited to entrance only as suggested by the Police/Traffic Division. As a part of this motion, City Council would like to recognize the commitment of the petitioner to dedicate their beach lands to the City of Bremerton for perpetual use by the public. Motion carried unanimously. SMITH SCHOOL SITE Clerk read letter from George L. Coombs, dated Dec. 14, 1976, which stated that the Smith School Neighborhood Council objects to having a large portable building placed on the Smith School Site; that they were led to believe that that area was purchased by the City to be used as an open space and park area. Motion by Mayor Jarstad and Commissioner Stewart to instruct anybody who makes contact that this land is going to be reserved for open space and the City is not contemplating any other buildings on this land, carried unanimousJy. GRANT APPLICATION OP $91,000 UNDER 701 Clerk read letter to HUD, dated Dec. 15, 1976, which stated that the scope of the application is aimed at further development of the Comprehensive Planning Process to be better prepared to meet the impact on the cormunity as a result of the construction of the Trident Submarine Base at Bangor. RESOLUTION NO. 1695 Clerk read Resolution No. 1695 "RESOLUTION authorizing the filing of an Applica- tion with the State of Washington Department of Ecology for Coastal Zone Management Assistance under Section 306 of the Coastal Zone Management Act". Motion by Mayor Jarstad and Commissioner Stewart to pass Resolution No. 1695, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Sohoneman, Yes. ORDINANCES, PETIT LARCENY & SHOPLIFTING Clerk presented Petit Larceny and Shoplifting Ordinances and Mayor Jarstad asked that the Police Dept. speak to the City Council about these ordinances and explain the need for them. Asst. City Attorney Ryan stated that there is a shoplifting and petit larceny ordinance in effect now and what these ordinances will do is raise the amount. ORDINANCE NO. 3551 Clerk read, second reading, "AN ORDINANCE amending sub-section (a) of Section 2 of Ordinance No. 5187 as amended by Ordinance No. 3197 providing for the rate of tax to be levied on Bingo receipts". Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3331, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. -6- CITY COUNCIL MINUTES December 22, 1976 Page seven AWARD OF BIDS - 1968 Chevrolet Pickup Clerk opened bids for truck as follows: Ray Sammeli, $25.00 cash deposit, $510.O0; and Wesley L. Sutton, $28.80 check enclosed, $5Y6.O0. Motion by Commissioners Schoneman and Stewart to award bid to higher. bidder, carried unanimously. AGREEMENT - HUMJjWE SOCIETY Clerk presented agreement from Humane Society for the year 1977, which included a 6C-day termination clause for either party. Motion by Commissioners Stewart and Schoneman to approve the agreement and authorize the Mayor and City Clerk to sign for the City, carried unanimously. RESOLUTION NO. 1696 Clerk read Resolution No. 1696, "RESOLUTION, adopting City of Bremerton 1696 Housing Assistance Plan". Motion by Commissioners Schoneman and Stewart to approve Resolution No. 1696, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. APPLICATION FOR DANCING & ENTERTAINMENT LICENSE Clerk presented application for dancing and entertainment license for Six 10 Callow, Inc., Tyee Restaurant, approved by Chief of Police. Motion by Commissioners Schoneman and Stewart to approve license, subject to approval of Fire and Building Depts., carried unanimously. NOTICE OF EMPLOYMENT Randall N. Calhoun, Fire Dept., $4.89 per hr., effective 12/25/76. Motion by Mayor Jarstad and Commissioner Stewart to approve Notice of Employment, carried unanimously. BILLS Motion by Mayor Jarstad and Commissioner Schoneman to give blanket approval to vouchers 5044 to 5048 and 5050 and 5114 inclusive in the amount of $62,163.51, audited by John R. Ross, carried. Commissioner Stewart abstained because of a minute interest, less than 1%, in ITT Grinnell Corp. COMMISSIONERS' REPORTS Commissioner Schoneman: PUGET POWER - DOWNTOWN LIGHTING Commissioner Schoneman read a letter from Puget Power, dated Dec. 14, 1976, offering to convert all existing mercury vapor street lights in the downtown area to sodium vapor street lights, including alleyways, for an annual billing increase of $2,839.80, based on present rates; no charge to the City for the conversion. The letter gave further details of areas to be covered, and stated the existing sodium units would not be affected. Motion by Commissioners Stewart and Schoneman to concur in the proposal, carried unanimously. Commissioner Stewart: Commissioner Stewart gave a brief outline of the provisions of water/sewer contracts with PSNS, Jackson Park, and East Park; based on last year's consump- tion, the increase on an annual basis would be $139,500.00 and the City is getting almost what was asked from the Navy. He stated also that Attorney Sells wants to add a reference to the provisions of a new federal law which would require the Federal Installation to pay the same as anyone else. Motion by Commissioners Schoneman and Stewart to accept the provisions of the contract and authorize signing by the Mayor and City Clerk with provisions of the Federal law included, carried unanimously. Mayor Jarstad: Wished everyone a Merry Christmas and asked everyone to drive very carefully over the holidays. Meeting adjourned at 1:35 P.M. Approved: G. C. Yeadon, St., City Clerk (Mayor) -7-