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HomeMy WebLinkAbout11/17/76 UNAPPROVED MINUTES CITY COUNCIL MINUTES November 17, 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, November 17, 1976, at 9:00 PST, with Mayor Jarstad presiding, Also present were Commissioner Schoneman, City Clerk Yeadon, Assistant City Attorney McCluskey, and members of the press and radio, Commissioner Stewart was absent on vacstlon. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Glen Soule of the Manette Community Church. MINUTES OF NOVEMBER 10, 1976 Clerk read minutes of November lO, 1976, Mayor Jarstad ordered the minutes approved as amended. SEPARATION John M. Bellefeiulle, Cemetery Dept,, effective ll/8/76. Motion by Mayor Jarstad and Commissioner Schoneman to approve the separa- tor, carried. NOTICE OF EMPLOYMENT Richard Wayne Steele, Cemetery Dept., $3.25 per hr., extra help, effective 11/18/76. Motion by Commissioner Schoneman and Mayor Jarstad to approve notice of employment, carried. CHANGES OF PAY STATUS Lavern Meyer, Operator Sr., $1129.00 per mo., Wastewater Dept., effective 11/15/76| Don E. Kemp, Operator Mech., $1129.00 per mo., Merit Level ll D, Wastewater Dept., effective 11/15/76; Reynold E. Mason, Firefighter 4th yr. to Lieutenant, $4.94 hr. to $5.49 hr., Fire Dept., effective 11/22/76. Motion by Commissioner Schoneman and Mayor Jarstad to approve changes of pay status. Under discussion: Mayon Jarstad stated the reason for putting the change through now for Reynold E. Mason is because of a shortage of officers due to two men being out on disability. Motion carried. RETIREMENT LIST - DECEMBER 1976 Clerk presented pension list for Dec. 1976, $2,773,08, audited by John Ross, Motion by Mayor jarstad and Commissioner Schoneman to approve the pensions for December, 1976, carried. CLAIM FOR DAMAGES Clerk presented claim for damages from Roy E. Harp, 104 McNeal Ave., Bremerton, for $41.50 for a concussion to mid upper right arm, which happened when he was thrown to the floor of the bus on Oct. 4, 1976. Copies have been sent to insurance companies. APPLICATION FOR LICENSES International Sauna, change of ownership to Ok Yon Barthel: Bremerton Boat Service & Boat Shed Tavern, Dancing and Entertainment License, Richard H. McDonald. Motion by Mayor Jarstad and Commissioner Schoneman to approve licenses, carried. BID AWARDS Concrete Products & Allied Materials: Clerk read memo from Max Marangi, Assistant Purchasing Agent, recommending award of concrete blocks, pipe, drain tile, standard cement, lime and sand to Bremerton Concrete; reinforcing iron to Kenyon Materials; pea gravel, washed gravel, building and plaster sand, and Redi-mix with or without calcium additive to Brem. Ready Mix. Motion by Mayor Jarstad and Commissioner Schoneman to award the bids as recommended, carried. CITY COUNCIL MINUTES November 17, 1976 Page two Chlorine: Clerk read memo from Max Marangi, Assistant Purchasing Agent, recommending contract be awarded to Jones Chemicals, Inc. Motion by Commissioner Schoneman and Mayor Jarstad to approve bid award as recommended, carried. Vena/Sandra Lane Reservoir: Clerk read letter from Welk Bros., which stated they felt there was a discrepancy in the bidding for the I million gallon tank; that Union Tank has a very low price for the tank foundation, and this brings them to wonder if Union Tank has designed and presented as per the contract requirements, Clerk then read memo from Water Superintendent which stated that he had checked the low bidder, Union Tank Works, and found them qualified and reliable. He recommended awarding the bid to Union Tank Works, subject to approval of the Washington State Dept. of Health and Social Services. City Clerk commented that a representative of Union Tank Works was present at the bid opening and was with the Water Superintendent and other bidders after the opening in the Public Works Conference Room, and was well aware of his bid in relationship to the other bids, Motion by Commissioner Schoneman and Mmyor Jarstad to approve bid award as recommended, carried, Transmission Main Installation: Clerk read memo from Water Superintendent which stated that he had checked the low bidder, Hall Remodeling, and found them qualified and reliable, He recommended awarding the bid to Hall Remodeling, subject to approval of the Washington State Dept, of Health and Social Services, Motion by Commissioner Schoneman and Mayor Jarstad to approve bid award as recommended, carried. There was no recommendation for the Lab Equipment, and it will be presented at next week's City Council Meeting. CHANGE ORDER - TRANSMISSION LINE #3 Clerk read memo dated Nov. 16, 1976 from Water Superintendent which stated that Di0rto Const. has excavated into solid rock two different times while installing pipe for the #3 Transmission Line; that the first time they raised the grade, chipped in a shallow trench and will place cover and bed- ding over the pipe; that they have agreed to a lump sum price of $400,00 for the extra work and rental of equipment. It further stated that the second time the trench excavation went directly into a granite boulder and had to relay four lengths of pipe to go around the boulder; that they have agreed to a lump sum price of $200.00. Motion by Commissioner Schoneman and Mayor Jarstad to approve these two change orders, carried. AUTHORIZATION TO PERFORM WORK IN EXCESS OF $2,500,00 Clerk read memo dated Nov. 10, 1976 from Water Superintendent which stated that the Water Dept. proposes to install approximately 1,OOO' of 6" A.C. and ductile iron pipe and fittings on 0ld Belfair Highway from Gorst Creek to the east at an estimated cost of$5,037.93 Motion by Commissioner Schoneman and Mayor Jarstad to authorize this work and instructed Clerk to advertise work as required, carried, SURPLUS CITY PROPERTY - BELLY BLADE Clerk read memo dated Nov. 16, 1976 from Park Superintendent which stated that the Park Dept. is interested in acquiring the surplus belly blade and requests that disposal be held up until Nov. 22, 1976, so the Park Dept, can determine if the blade can be utilized and fitted to the existing piece of park equipment. It was the consensus of the City Council that the Park Dept, should acquire the belly blade if they can use It. PROCLAMATION - BIBLE WEEK Clerk read proclamation of Mayor Jarstad re: Bible Week. -2- CITY COUNCIL MINUTES November 17, 1976 Page three BIKEWAY DEM0NSTRATION PROGRAM Clerk read memo from the Federal Highway Administration to Mr. Plescher, dated Nov. ll, 1976, which stated that the proposal for a Bikeway Demonstra- tion Project under the Federal Aid Highway Amendment of 1974 had been reviewed and evaluated, but FHWA cannot fund this project. It further stated that FHWA encourages him to seek and find other funding so this project may be constructed. BRANCH 30 EAST ANNEXATION Clerk read memo From Planning Dept. dated Nov, 16, 1976 which stated that the Kitsap Council Boundary Review Board has approved the Branch 30 East Annexation and that Nov. 8, 1976 will be considered the date of filing of this decision; that an annexation hearing date be set and an ordinance of annexation be prepared by the City Attorney's office, Motion by Mayor Jarstad and Commissioner Schoneman to set annexation hearing date Dec. l, 1976 st 10:30 A.M. and instruct the City Attorney's office to prepare an ordinance of annexation, carried. PUBLIC PARKING ON FIRST ST. DOCK Clerk read letter from Port of Bremerton, dated Nov. ll, 1976, in which it was requested that an agreement providing two-hour parking meters at .10 an hour operating from 9:00 A.M, through 9:00 P,M., Mon,-Sat., be prepared. Motion by Mayor Jarstad and Commissioner Schoneman to approve request from the Port Commissioners and refer to the City Attorney for proper amendment. Under discussion: Commissioner Schoneman and Mayor Jarstad discussed the different times from other parking metered areas in the City and City Clerk commented he had discussed this with Capt. Stratton, who had stated the Police Dept. would cooperate with the times desired by the Port. Motion carried. FINGER PIER - IAC Clerk read newspaper release of the IAC stating that s check has been issued in the amount of $34,200.00 to the City as a reimbursement for its Finger Pier Project. EASEMENT AND AGREEMENT FOR THIRD TRANSMISSION LINE (VAN ELTEN) Clerk read memo from City Attorney's office, dated Nov. 15, 1976, requesting the City Council to authorize the Mayor and City Clerk to sign the agreement and to accept the easement, Motion by Commissioner Schoneman and Mayor Jarstad to accept the easement and authorize Mayor and City Clerk to sign the agreement, carried. REM0VAL OF TRAFFIC SEPARATOR - KITSAP WAY Clerk read a letter dated Nov. 12, 1976 from business and property owners on or near Kitsap Way between Weslon Place and Shorewood Dr. requesting the removal of the traffic separator on that segment of Kitsap Way and the instal- lation of a two-way left turn lane. Commissioner Schoneman stated that they will get sn estimated cost of this project and then approach those people who are affected by it and see if they will help finance it. REPORT ON PLANNING C0MMISSION MEETING Clerk made a report of matters taken up in the Planning Commission Meeting of Nov. 16, 1976 and action being taken. SHERIDAN PARK NEIGHBORHOOD APPEAL - HAYNES WILLOW ST. PROPOSAL Ckerk read notice of appeal from Sheridan Park Neighborhood signed by Albert L. Colvin, 341 Hill Court, and 15 other residents of the immediate area appealing the decision of the Planning Commission of Nov. 16, 1976 regarding the interpretation of 9 dwelling units per acre section of the zoning ordi- nance as it applies to the Haynes Willow Street Proposal and asking the City Council to hold a hearing. City Clerk raised the question as to whether the City Council could hold a hearing on an ordinance that is already the City law. Mayor Jarstad asked Mr. McCluskey to give a legal opinion and he asked for a little time while he returned to his office to research the request. CITY COUNCIL MINUTES November 17, 1976 Page four 10:00 A.M. - LYNN ELLEN FABEL/Masseuse Hearing Mayor Jarstad stated that since Lynn Fabel did not appear at 9:30 A.M. for her hearing, nor has she appeared by the hour of 10:00 A,M., that her hearing will not be heard and evidentally the action taken by the Police Dept. and City Council will stand. C0MMISSIONER'S REPORTS Commissioner Schoneman: 1. Third transmission line, have installed 17,334 ft. out of a total of 22,000 ft; that the job should be completed this week providing the contrac- tor can get into some hard places and providing no more rock appears. 2. 14 ramps have been completed on Pacific Avenue; rained out this morning. 3. Casad Lake is down to within 30 days' supply if it were not for other supplies of water and looking for rains to come to build up the supply. 4, Building permits issued to Nov. 15, 1976, total valuation $448,275,00. The largest permit was for a new office building at 510 Washington Avenue, $350,OO0.00. That structure has started. 5. Still concerned with the amount being paid on the Bremerton Employees Retirement List. City Clerk stated he would call the actuary and see if he could speed up his recommendation to the City Council. 6. Went to Yakima to see his son-in-law who was accidentally shot last Saturday, He is in Yakima Memorial Hospital but will soon be moved to Harrison Hospital. BILLS Motion by Mayor Jarstad and Commissioner Schoneman to give blanket approval to vouchers 4654 to 4723 inclusive in the amount of $39,571,17, audited by John R. Ross, carried. Mayor Jarstad: Certification of the election showing the results of the bond levy election will be coming out today or tomorrow; that he was pleased that it appears the bond levy will be certified and that the absentee ballots actually raised the percentage. Now will await the return of Commissioner Stewart prior to engaging a bonding company, which will be the next step. Appears to be a favorable time for selling bonds and have had contacts from three companies interested in handling the bonds, Interest rate expected to be around 7%. MR, McCLUSKEY'S REPORT - APPEAL (SHERIDAN PARK NEIGtlBORE00D) Mr. McCluskey stated from his research of the zoning ordinance that the Sheridan Community has a right to appeal based on the zoning code. Motion by Mayor Jarstad and Commissioner Schoneman to set the date of a hearing on the appeal for Dec. 8, 1976 at 10:30 A.M,, carried. Mayor Jarstad stated some of his concerns relating to the 9 unit per acre question and the uses of large pieces of land when consolidated and asked Mr. McCluskey to look into the question prior to the hearing. Meeting recessed at 10:20 A.M. and reconvened at 10:32 A.M. Mr. McCluskey stated he was concerned about an article in the Bremerton Sun in which the Humane Society Manager stated the City Attorney's office was responsible For a dog biting someone. Mr. McCluskey gave a resume' on legal procedures and indicated the City Attorney's office does not issue warrants for people's arrest and in that particular case, the violator was under a court order not to have any dogs in his care within the City and the only thing the City Attorney's office could do in the particular case at hand was to ask the court to vacate the sentence; that Mr. Cart had been advised in this matter. Mr. McCluskey stated people think the City Attorney's office is putting them off, but when they contact the office asking for something illegal to be done, the attorney's office advises them what they should do. -4- CITY COUNCIL MINUTES November 17, 1976 Page five TAPE SET WILLIAM McLAREN REZONE HEARING ON 2439 Motion. by Mayor Jarstad and Commissioner Schoneman that the hearing be held at this time (10:38 A.M.), carried. Clerk stated he had advertised and posted the rezone as required by law and had affidavits in the file so stating. Clerk read the following letters submitted in opposition to the application: Walter N. Clare, 1939 E. 18th Nov. 19, 1976; Bertha and Ruddy Sander; Loran E. and Edith Avery, 1734 Wheaten Way, Nov. 10, 1976; Raymond W. & Beulah V. Johnson, 2024 E. 18th St.; C. G. Pierce, 1823 Marlowe; Esther E. Fisher, 1817 Marlowe Ave., Oct. 12, 1976; Jack Kvistad, 1818 Marlowe, Oct. 13, 1976; Robert A. and Violet E. Carlson, 1820 Marlowe, Oct. 12, 1976; Elizabeth Austrom & Eugene, 1727 Winfield Ave.; Dale E. & N. Barenice Root, 1819 Winfield, Oct. 14, 1976; George McKeown, 1810 Marlow, Oct. 14, 1976; Raymond H. Ludeman, 2023 E. 18th St.; Dorothy M. and Edward B. Forbes, 1816 Marlowe; Ruth T. & Arthur M. E. Newell, 1728 Winfield; Lorraine H. and Clarence G. Mason, 1907 E. 18th St., Oct. 14, 1976; Loran E. and Edith A. Avery, 1734 Wheaten Way; Carol A. Belanger, 1821 Marlowe Ave.; Bertha A. and Ruddy A. Sander, 1947 E. 18th St.; Carol Ann and Harold Robert Neely, 1744 Winfield; Robert C. Ballet, 2002 E. 18th; Mary Ard, 2019 E. 18th, Oct. 14, 1976; Walter N. Clare, 1939 E. 18th St., Oct. 15, 1976~ Clerk read letter dated Nov. 15, 1976, from proponent, William C. McLaren, and presented the photographs which were attached. Clerk read Planning Commission Resolution No. 376, recommending denial; and read minutes of the Planning Commission dated October 19, 1976, relating to the application and hearing of Mr. McLaren. Hearing was recessed at 11:00 A. M. for bid openings. Motion by Mayor Jarstad and Commissioner Schoneman to open the bids as set out in the agenda, carried. LEGAL PUBLICATIONS Clerk opened the bid from the Bremerton Sun for $3.09 per columm inch. Motion by Mayor Jarstad and Commissioner Schoneman to award the bid to the Bremerton Sun, carried. TIES, TUBES, ETC, Clerk opened bid from Shaub Ellison Co., cashier's check for $50,00 enclosed. Motion by Mayor Jarstad and Commissioner Schoneman to refer bid to committee for evaluation and recommendation, carried. GAS, OIL, SOLVENTS Clerk opened the following bids: Wilkins Distributing Co,, ins,, cashier's check for $50.00 enclosed; Padarson Oil, Inc., cashier's check for $50.00 enclosed; Standard 0il Co. of California, Assistant Purchasing Agent, Max Marangi, and the bidders who were present went into conference in order for the bidders to see the bid figures, Motion by Mayor Jarstad and Commissioner Schoneman to refer bids to proper commitee for evaluation and recommendation, carried. POWER POSITIONER ASSEMBLY Clerk opened bid from Whitney Equipment Co., money order for $50.00 enclosed. Moton by Mayor Jarstad and Commissioner Schoneman to refer bid to proper committee for evaluation and recommendation, carried. HEARING CONTINUED (11:00 A.M.) _ McLAREN REZONE Assistant Planning Director Ken Attebery read the Staff Review and Recommends- tion dated Oct. 19, 1976, -5- CITY COUNCIL MINUTES November 17, 1976 Page six Commissioner Schoneman commented that this land is adequste to take care of three duplexes and the application is for two units less than presently allowed. He asked if the buildings would front on Winfield and Mr. Attebery said they would, Commissioner Schoneman asked about the set back and Mr. Attebery stated on the front they would be 20 ft. back from Winfield and 5 ft. in from East 18th St. Commissioner Schoneman asked if the duplexes would offer less sight distance than the fourplexes, Mr. Attebery said they would. Commissioner Schoneman commented this was a dangerous corner and Mr. Attebery stated this has been a topic in the last three or four years. PROPONENT: Mr. William McLaren, 5041 Hillcrest East, Port Orchard, spoke in favor of his application. Horton Hackler, 2121 East 19th St,,stated that many people said they want to llve in a well-maintained area and he questioned what improvements the people have msde to maintain this area. OPPONENTS: George McKeown, 1810 Marlow, believed the area if approved would be "spot zoning" and would tend to keep spreading out the development of apartments in the area. Robert A. Carlson, 1820 Marlow, stated Mr, McLaren failed to take any pictures on Marlow Ave. where the neighborhood has been kept up; also that the neighbors had been accused of fighting on fezones, but they had not opposed the Edgewood Apartments, He stated there would be a problem with glare from headlights and gas fumes, especially headlights since the contour of the land would make their bedroom windows on a line with the head- lights. Bernice Root, 1819 Winfield, stated her father lives on Lot #1 and he has to contend with headlights coming into his apartment from the adjoining parking; also exhaust problems. Her main concern is the traffic problem at 18th and Winfield. Mayor Jarstad stated he was interested in the headlight problem because the Council wants to have screening from headlights around parking lots, Mrs. Root stated they have asked the apartment owner for a fence, but they won't do anything about it. Commissioner Schonenmn advised her that the proper procedure would be to get a petition and bring it to the City Council, who will then go to the apartment owner. Mrs, Root stated the water pressure was low on Winfield. Commissioner Schoneman stated this could be corrected. Mrs. Root stated she would be against duplexes also and would like to keep single family dwellings. Jack Kvistad, 1818 Marlow, stated he was mainly against increased population because there is too much saturation in the area. He spole of several other apartments in the area and the residents would be surrounded, He stated they would like to keep the use of this area as single resident homes. Robert A. Carlson, 1820 Marlow, stated the owner of the property for 40 years past would not consider selling, and that he believes Mr. McLaren paid $19,000,00 as speculation. Mr. Carlson stated the applicant has cormmented he would clear off the property and Mr. Carlson wanted to have it cleared off a long time ago but the owner wouldn't clear it off; also he mentioned the low water pressure and that apartment dwellers would not be considerate of water use. He stated he did not accept the traffic count because it was not over a period of time which he believed would show a greater count. He stated he felt the alley was not conducive to 8 units using it for getting in and out and parking. Discussion was held on Winfield having been cut through in 1958 and also further discussion was held regarding water pressure. Mr. Schoneman said the pressure would be checked out by the Water Dept. Mr. McCluskey stated for the record that the traffic survey submitted by the applicant has been circulated through the audience for their viewing. -6- CITY COUNCIL MINUTES November 17, 1976 Page seven Clarence Martin, 1408 Winfield, asked if a full plat had been submitted and Mr. Attebery stated it had not been submitted to the Blarming Dept. He discussed land sloping and stated he was concerned about drainage of surface water. Commissioner Schoneman stated that prior to getting a permit, the contractor would have to provide proper drainage; he also explained that in order to bliacktop the alley, a petition would have to be taken up among the neighbors and the cost of the improvement would be the responsibility of the abutting owners. Mr. Martin discussed the congestion of traffic at Winfield and 18th and stated a non-injury accident happened concerning a boy being hit there. He stated he believed this would be "spot zoning" and once an apartment gets started, it would lose its identity as a neighborhood. Glenn Vockrodt, 1409 Marlow, stated he was chairman of the Planning and Development Committee for the Manette Neighborhood Committee Association and that they are working as fast as they can towards a proposed zoning arrangement for the whole Manette Peninsula. He asked that the City Council not take action at this time as they are not far enough along with their piercing. Mayor Jarstad stated that "spot zoning" has been answered before and that an R-2 zone can be incorporated into an R-1 zone. This has been done many times with concurrence of the citizens in the area. Some areas have allowed R-2 and have given the same enjoyment to people as single family living and the areas have not had problems. The apartment tenants were good neighbors. He stated the Planning Commission unanimously turned this rezone down, which has a great deal of weight. Mayor Jarstad made several remarks concerning evaluating this area in connection with other apartments north of this site. He stated that there is a mix in this area of R-1 and R-2, He further stated that the City Council has to reckon with the Neighborhood Councils as their help has been asked for advice to be given, which is s new concept in neighbor- hood planning. He stated that the residents have noted there are already R-2 zones in the area and they feel the density is as high as anywhere in town and perhaps higher, and they are concerned about the rezone as it pertains to environment. Mayor Jarstad stated he concurred in that feeling, Also he stated the petitioner had made a strong point in favor of the application because of the closeness to shopping areas and the fact that utilities are installed and that the land has been undeveloped. Also the Mayor stated many times nothing has been done with the land after rezones and this disturbs the City Council. He stated his observation was that there was already established high enough density with the rezones already permitted in this area. Commissioner Schoneman discussed the road systems in the area and their plans that have not been able to be completed due to the UAB Program not being avail- able; that the plans call for sidewalks, curbs, and gutters and proper signals. He stated further that higher density would create additional problems and thenght that until these problems can be corrected, such as sidewalks and proper width of the streets and proper controls at 18th and Winfield, that the neighborhood should be held in abeyance as R-1. This would be until the problems can be resolved with sufficient finances. Commissioner Schoneman stated his opinion was that he was sorry that 6 families in three duplexes could be placed on the property. Motion by Commissioner Schoneman and Mayor Jarstad that the application for rezone be denied, carried. Meeting adjourned at 11:55 A.M. City Clerk Approved: Mayor -7-