HomeMy WebLinkAbout10/23/74 CITY COUNCIL P~JLTING
OCTOBER 23, 1974
The regular meeting of the City Council of the Cit7 of Bremerton, ~shington, was held in the
~xouncil Chambers of City }{all at ~9:00 a.m., PDST, Wednesday, October 23, 1974. Attending,
were: Mayor Jarstad, presiding; Con~lissioner Stewart, Cu~missioner Schoneman, City Clerk
Yeadon, Asst. City Attorneys McCluskey and Sexton, and representatives of the press and radio.
Meetin~ oDe. ned with the. Pledge of Allegiance and Invocation by Rev. Soule of Manette Community
CP~urch.
~ of October 16, 197~, were mead and approved. Minutes of October 16, 197~, Recessed
MeetinK~ were presented to the Commissioners.
~otion by Con, missioner Stewart and .Mayor Jarstad to approve tim Recessed Council Meeting minutes
as' circulated, carmled unanimously.
E~PLO'~.IE~S
Elaine Yeadon, Secretary, Parks 8 Recreation, Extra Labor, $3.06, 10-1~-74.
~iarian Schultz, tbctra l~mbor, Accounting, $2.~7 hour, Effective October 18, 1974.
wotion by Co~nissioner Stew~r~c and Co~ssioner Schoneman to approve the emoloyments, carried
unanimously.
APPLICATIONS FOR TAXICAB DRIVERS LICENSE
Clerk presented Applications for Taxicab Drivers License from John H. Hammond and Lester W.
~obertson which %rare approved bY Captain Devery for the CHief of Police.
~t[on by ~onlnissioner Sehoneman and Conmlissioner Stewar~c to approve the aDplications, carried
unanimously.
~31NCELL/kTION OF }~3tRING - VIEW RIDGE COMP. PLAN
Clerk re_ad memo dated October 17, 1974, which mequested the public hearing Oreviously scheduled
be. cancelled, and a later date be set when all information from the Plannln~ ~r~up isin.
~/otlon bv eommissionem Stewart and Mayor Jarstad to cancel hearing, carried unanimously.
SET ~JIING DATE - ~.~F VACATION OF RIGHT-OF-WAY
Clerk advised that City Council should schedule bearing on this aoDlication.
Motion by Commissioner Schoneman and ~{ayor Jarstad to set hearing... ~ated Nov~3mber 27, 1974, at
lQ: 00 a.m., and to direct the City Attorney to prepare thenecessa~ resolution, carried
unanimous lv.
GF~ING, rOY,,N, R.J. SMI~{ REZONES - SET HEARING DATE,
Clerk advised that hearinK date should be scheduled on tbese three rezone applications.
Hotion by ~%~vor Jar.~tad and Commissioner Stew~L~t to set bearing dates for these rezone apolications
]~ ~bv~mber 2~, ].974, at ltl:D0 a.m., CaLr~ied unanimously.
~otion BV t'layor Jarstad and CommisSioner Stewart to set hearing date ~bvember 27, 1974, at 10:00
a.m. , carried unanimously.
eTtLL FOR BI~S - COM~3'±'L~ LEASE
Clerk read memo dated 23 October lqT~ requestinK~ authorization to call for bids from various
computer companies for a oomputer system which will meet city's specifications. Lengthy discussion
held reEar~ing need for tbe cu,¥uter and benefits that will be derived. It was brought out that
oost would be about 92,500 Der ~onth and ~ICR machine equirment would be put uD for trade. On
question from Commissioner Schoneman, Con~nissioner STew~mt explained that payroll funcions will be
kept with outside bank business. Con~ssioner Stewart stated the C~mll for Bids for the purchase
of the equ[Imm, nt on a seven-year contract with a cancellation clause on the anniversary date of
any year; that this would allow cancellation in the event the City was unhapDV with the results
of computer or the new cc~puter syst~n hardware. Cu~L[ssioner ~chenenan asked if there was Koir~
to be a larqe department built around tbe conluuter system w/th some high salaries, and asked about
soace r~quJ~ed. Cx~nmissioner Stewsmt state that he believed it would actually eliminate some
jobs: ~ever, these adjustments would probably come through attrition, rather than lay-offs.
~4r. Fisher stated there is adequate space now in the accountlng~ room, and there would be about 2
or 3 people r~quired.
~tion by Co~ssioner Ste~rt end tiavor Jarstad to call for bids. Under discussion, Dou~ Fisher
~ ~3ta Processing~ Systems Analyst,~ stated that he would do pro~a~min~ and o?erati0nal work%
also, tal~ed about some of the benefits to he received. It is to be. noted that Chief Accountant
Burns also attended this part of the meetinK. Motion carried unanimously.
10 :Q0 REPORTS 8 ~IBLIC ~,~N£±'iON
C0~ISSIONtR ~qTEWART:
1. Annual leave and sick leave should be on the en~Dlovees' pa!; cheeks on the next pay period,
after this ~.~ek. 7~[is has been pmc~tised as a part of the payroll operation.
2. Recommended Business and Occupation one-time fee of $1.00 be raised to ~5.00 due to the cost
involved in settln.~, up the files and issuing the license. Asst. Citv Attorney McCluskev commented
that the Attorney's Office is ncm~ in the process of mevisinK the BgO Tax Ordinance, and this
revision on the fee will .be included. Commissioner Stewart asked if the delinquent fee was going
to be raised from $~_.00 to $5.00, and Mr. McCluskey stated he wes not sure about that; however,
the suggestions made by Mr. Wheeler are being worked on; also, stated the revisions will be
subnltted to the CDmmissioners for their review in the next day or two.
3. Have received cc~plaints about chain Iklrking and meter feeders who park all day for $1.00;
many merchants are. concerned about this. Recc~r~nd this oroblem be studied. Stated his idea
~s not to increase the fee, but to put mode than one ticket on a ca~ in violation% not to Jncreast~
the revenue from Darkir~% meters ~ but to move cars and make parking available so people can do
business dovnto~n.
~. Gave report on the revenue and expenditures on the Parkir~ System. Some. savings had been
made bV cutting d~n liKhts~ and a special li~ht switch is going to be installed to further
reduce use of lights; light bill has been eut in half compared to last year. Parking meter
revenue dcmn about $1,~00 last month.
5. After giving figures of revenue and expenditures of bus system; somethin~ must be done about
the losses being, sustained~ and the D~oposal frcm vrN doesn't cut the city's cost anV. S~gested
~t is either going to be necessarv tb incmesae the subsidv op raise the household tax~ and cut
operations in somo areas.
COmmISSIOneR SCHONEMAN
].. '{oted former O~nissloner, Austin Clark, wes in the audience.
2. Stated KBRO News Director Doug Hicks did a good job in connection with interview of Senator
"Re(]" Beck on Channel g.
3. ~rom October 1 to 16, Building. Dep~'L~ent issued permits in total construction value of
~167,Dll. Citv is be~innin~ to show additional progress and construction develol]nent, alt]t~lqh
it is a little slow yet.
~. ~,e~orted watermain break at the intersection of Farragut and O~mbrian which cracked durir~
the night. Water seepage has continued and the amea is being probed to see what correction is
~,oing to b~ required.
5. ~]ans for Community Theatre are bein~ passed thmough City Depa~.ti,~nts, and with the exception
of a few minor corrections on utilities~ the plans have been approved bY the various dep~u?b~ents.
6. ~ne [ol~ and he interviewed four architects and engineers in Seattle megardin/ Cx)rmnunications
~uild~nq for proposed County-~ide system to be conStructed at War~en Avenue bridK, e area. The
successful architect was Charles Gilman of Brenerton who submitted a proposal which is hlghlv
accentable by Mm. Lobe and himself, and architectural vmrk will eorwaence immediately in connection
with ~. Gilman's ability to reconstruct the existing building and bring to the point of bid
call bV January 1st; possible that construction may start by February.
7. Petition is being contemplated for sewering the entire Marine Drive Point area. Suggested
that the Council will have to look at this petition very seriously because the project would
be_ qu~te expensive and the City finances do not appean to be suffleient to do such a orojeet,
even though the City is given matching money. Looking at an approximate one and a half million
dollar Dreject. This is the last unse%~a~ed section within the corporate limits of the City.
CITY CLERK
1. Attended Senior Citizen Fair at the Sheridan Park Con~mumity Building last Saturday; cc~nended
the Senior citizens for their excellent displays; that over 700 people had registered.
Mr. Per~ergast, Park Supt., was present at the meeting, and stated that there were approximately
1,000 peoole who actually attended.
MAYOR JARSTAD:
1. Park Levy Drive is under wey with Morrie Dawkins and C~,~,~ttee being very active. There will
be fl~ers, s~ot coverance on the radio and newspaper display ads. Committee has about
in subscriptions. Spoke with Senator ~a~nuson in Seattle where]ne, Mr. Wal~ren, and ~r. Weldon
had met for discussion of Br~ner~on Tomorrow, and reaction of the Senator was that he hoped
oeople would give favorable vote for the Park lew, and there is matchin~ mone~ available from the
federal zove~m~.nt and the Cit~ has a s~rong representation in the Capitol, which can be a ~re~t
influence when application is made.
~. ~.~et with Senator Magnuson and staff with City At-~orney Walgren and Tom ~ldon to brief the
?~.nator on City's appliation for plannin~ funds for develoF~nent of the downtown business area.
~elleve t]~ meeting ~s of benefit to all those who attended and as a result, a~olication will be
comDlete~l and processed and worked on by the City Attorney's Office.
~. Welcomed for~er Commissioner, Austin Clark, back to the Cx~uncil Chambems.
4. Uave had recommendation, and have asked for meeting, to be set up by the_ Council vrith
Vishe~ries qeDartment and sportsman groups in the City because of the tremendous run back into the
C~rst Creek ~.~ich is hiKhlight of the whole proKram. Idea is to,continue utilization of the
a~ea at ~rst Creek other than the settlinK, basins. ~-orst Creek has hi~hest ~eturn run of any in
the State, and Fisheries Oe, pa~.b~ent is intendir~K to see if they can continue, and even accelerate
the oroKram. We would like to Ket the Fisheries ~epartment involved, and have them spend some
money. Co~missioner Schoneman stated he explained the fish pro,ram last Council ~eeting,; that
he had nreviously stated that a portion of land could _be transfermed for use as a rearing plant;
had letter from Thor Tollifson and PoKKie Club who want to get involved; the reason Gorst
Creek was the one that had a K~eat return was hecause ther~ was extra water in the reservoir
in the impoundinK lake and because of heavy rains last fall, water was released in sufficient
amounts so fish could swim up the creek. Conm~issioner Schoneman stated they have been Kiven the
opportunity to obtain this portion of land, and all they have to do is request it and suh~it a plan
Further stated that at one time they used the main channel for fish rearin~ and many f~ sh ended
uD at the screens and died; that Po~e~ did use the amea and they put in baffles and were
successful, that they had the s~ne opportunity this vear to put in baffles so fish don't die on
the screens. 5~nsea released half a million fish this year and will release Coho; will be a
constant retouch of fish.
~btion bv ~hyor Jarstad and Con,missioner Stewart to set up a meetinK where all interested parties
ca~scuss exactly what the program is to entail in the future, carried unanimously.
AGRE~TF - BI IR~,~LL g PARK P%~P STATION
Clerk read memo dated 16 October lqT~ from City Engineer to City Council ~ivin~ report of nresent
status of agreement hetween the City and l~avy on proposed Pump Station/Bur~ll and Park; that the
agreement {s ~ith the Navy at San Bruno and is a matter now o~ acceptance by their leKal staff.
~ EIS - SKIRVI~g ~t~IFACTURI~q PROPERTY
Clerk read m~3no from C~orge Plescher, CitV Planner, submlttinK Draft EIS preosred bv the Plannin~
Staff for the Kitsap Lake Envimonmental Association; on the matter of rezone request of James
Skirvi~ ~]nufactuming property on Werner Road. THis stat~nent is provided for Council information
as a policy of SERA. Clerk stated he would distribute copies to the City C~,,J.ssioners.
LUI'fER - SHIERS RE: BUS SYSTZM ROUTE,
Clerk re_ad letter dated 18 October 197~ from Frank Shiers, A~torney, askinff the Council to consider
continuin~ ~,~rine Drive/Ro~y Pt. bus route. Co~nissioner Stet~m~t co~uented that the onl~
rm~ason V~7~ had sugq, ested discontinuance was because ridership was so low on this route, ?/lO of a
person per mile on the l~s, and the cost is $1.07 per mile to run the bus. Stated on average
run, the buses are takinK 3 pemsons per mile. People who use the bus get the service, and
peo,le who don't probably s~oud not; however, no decision has been made. Drivers have made
recommendations and there will he another meetir~ held reKardir~ bus routes, etc.
IFFARI~S
~ by ~yor Jarstad and Commissioner Stewart that the hearin~>s he held with the Shoreline
~mnag~ement Hearin~/Fin~er Wharf/Lions Field first and then the Bjork Request for Variance
second, carried unanimously.
~.etin~ Recessed 1~:30 a.m. C~lled to Opdem 10:40 a.m. Corn missioners, City Clerk, cress and
radio present.
SHORE, LINE ~t~NAGDfENT HEARING - FIttER WHARF/LIONS FI[fiD
~r~ ~ sed that notice of hearin~ was oublished in the newspaper acoordin~ to the law.
Clerk read Envirormental Asses.~nent Negative Declaration concernin~ oroposed Fire. er Wharf Project
at Lions Field. No one present spoke in opposition to the statement.
~btlon bv Oo~missioner Sehoneman and Mayor Jarstad that the action will not have any substantial
env~ror~ental effects, and the Favironmental Assessment is accepted, carmied unanimously.
Ken Attehery, ~sst. Planner, pointed out the area on a map and ~ave short presentation on the
rm~tter.
eommiss~oners concurred t]~t the project is a good one, and Mayor Jarstad stated it is long~
overdue, and if the City i.~ successful in ~etting matching funds the entire Con~nunity will be
proud of the project. Stated existing, facility is bein~ used heavily and boats have to oick
passenKers up on the beach which is dangerous due to yachts eoming~ into the bay causinK rough
wake, t~ich could cause injuries. Commended project for heing well planned.
.~b one spolqe against the project. Andy Pendergast, Park Supt., explained that the project has
been submitted to IAC for fundinK. Oral presentation made last Thursday, and aprmared to have a
favorable response. Marine projects such as this appear to be the only ones available for fund
distribution by IAC.
Clerk read letter from Dep~.[,~ent of Fisheries dated October 15, 1§74, which stated it will'be
necessary 6or the City to obtain a t~/draulics Project Approval from the De~.h~ent of Fisheries in
or~er 'to nrotect aquatic resources. Mr. Pende~ast stated that this permit will be applied for,
and he l~s talked to the Fisheries r~epa~0~ent and the matter is being., taken care. of.
FJdie Bjork sooke in favor of the ,roject, and thanked the City for going ahead with it.
t~tion by ~VOr Jarstad and Oommissioner Stewart to approve the issuance of a Shoreline
Manage~nent .Substantial Develo~nent Permit, carried unanimously.
~ARING - 5IORK RE,rEST FOR VARIANCE (HEIGPrf ~ SIDE YARD SETBACK)
Mayor Jarstad stated that before the hear.inK gets underway, he should make a statement because of
interpretation if the City gets into a legal process ~ that it is no secret to anyone that
~r. Bjork has worked on past camDaiqns for his elective office, and he has held him as a very
imDortant person in his campaign. Mayor is also a dues-paying member of the F~qles lodge who
are here to protest the issuance of the variance. Stated his position in this hearing will be
to make a juclKment without influence from someone who supporte~ him in the campaign or becuase
}m is a member of the F~les. Stated further that he has heard many rumors that there are those
who are_ tmvinK to hodl up develounent in this city, and he did not like to hear these rumors.
Stated the Co~ssloners' judgments ape made upon presentations and facts presented.
Gary Sexton, Asst. City Attorney, stated they should not sit as City Attorneys in this particular
situation because his firm owns property adjoining the Bjork P~oDerty and the grantir~q of the
variance may financially benefit their firm~ that it is necessary for his firm to withdraw
from this matter in order to maintain an appeamanee of fairness, and because W~. Bjork has the
riKht to a fair and reasonable heabing~ and they do not want to jeopardize this hearing. Stated
that if the City Council needs Counsel on a legal point, he could provide another independent
attorney within a half-hour.
City Clerk stated he pOsted notices, ~iled letters, and Dublished ~otice of Hearing in the
n~spaDer according, to the law.
Clerk read PlannL~q Co~ission Minutes of September 18, 1974, recc~nendin~ aDproval of the two
variances requested% one frcm side yard setback and one concer~ing height.
Clerk read Statement of the Planning Conmlission regarding variance recommended on the Side Yard
Setl~ck %~ich included a provision that the adjacent property ~mer stated his willin~ness ot
~rant an easement which would allow a five-foot access, and that Mr. Bjork is to obtain a
2 1/2 foot easement from an adjacent proDerty owner to guanantee a five-foot lime lane, and if
the eas~m~ent ks not obtained then the building must be set hack five feet from the proDertv
line for a firm lane. 7~{e Planning Co~isslon, as per statement relating to the recommended
variance on the height limit approved the request because of the topography of the proDerty,
although the total of eight stories ~roposed is tw~ stories in excess of that allowed under the
7Dninq ordinance, only t~ stories will be above Washington Avenue; also, had the applicant chosen
to build a~ve the level of Washington, a six story structure would be Dermitted without the
variance.
Clerk presented petition signed by ].62 FOE members, protestir~ the variances.
Cler~ read Staff Review and Envirormental Assessment stating action of KrantinK~ the variance
~Duld ~m a m~ nor action and ~uld not result in any significant environmental effects.
Clerk read ~otice of Appeal which is on file.
Clerk ~ead letter from Philip P~st, ATtorney representin~ the F~ngles, dated October 22, 1974.
~avor Jarstad asked how the action of the Fa~les was accomplished concerning their political
charges because he did not rememtm, r seein~ it on the Eagles AGenda. Wm. ~est stated the request
~s made by three members of the Poard of Trustees who met with him in his office.
Mayor asked under what aut]mrity, and ~. Best stated under the authority of the Board of Trustees
James D. ~mnus, 1141 OlymDic Avenue, stated he was sorry to have to refer to this matter; that
they decided therm w~s a conflict of interest and he was one of the mamhers of the Board of
Trustees that met ~zith Mr. Best the other evening with two other members, and tkis came out of
that meeting. Mayor asked if it was their reeon~nendation or Mr. Best's recu,,~ndation, and
Ganus stated he didn't reme3mber exactly; that they were talking and the matter came up.
City Clerk asked how many members comnosed the Boamd of Trustees. ~. Ganus stated five.
~avor Jarstad asked if Mr. Best was rmDresentir~ any other clients in this matter.' Mr. Best said
just the Fagles; no other clients on this matter.
[~1 Liasett, 6~8 Washington, stated he wanted to object to a statement in the Planning. C~nission
~inutes which state he said he agreed to give a 2 1/2 foot easement to Mr. Bjork; that he has
no intention of giving an easement to Mr. Bjork. Clerk stated he w~s sitting, on the dais and
was lookin~ directly at him when he stated it.
Px)~missioner Stewart discussed the need for Fire Depa/',bnent standards for a five-foot fire lane,
and it was his understandin~ that either Mr. Liasett er the proper~y_ owner oh the other side ma!;
give the 2 1/~ foot easement. Mr. Pleseher stated this is correct.
Georges Pleseher, City Planner, showed site plans which gave actual location of the oroject. One
of the people attending Planning Conmission,.Meeting stated it should he 11 feet. Mr. Plescher
oointed out the Planning Commissions' stand is that they are talking about two stories and not
eight, usinq the measure from the Kmade. It is the contention of the Planners that the heiKht of
the building, and the way the sideyard is calculated is contained in Ordinance 1792 Chapter 2
Section ~8. On the height limit in R-2 District no building~ should exceed 40 feet or three stories
in heieht unless there is a proper setback. F~Dlained in detail the difference between armiving~
at 11 foot setback and five-foot setback. Briefly, this is the same for each story above
establ~hed Krad~, buildin~ should be set back an additional one foot for each story. In this
case, e[qht stories would require 11 feet for setback but the Planning contention is that only
the t~o stories which are_ above the established Krade should be oounted.
77~ere was euPther discussion between ~r. Stewart and Mr. Plescher re~ardinq clarification for the
need of 2 ]/2 foot ease3nent, and the need for a total of five feet for fire lane, and the ~avor
stated th~z will be a condition of the variance, if aoproved.
It ~,~s ~ointed out by ~r. Plescher that the five-foot setback, could be on either side of the
h~il_dln~,, but only one side is required.
CD~issloner Scboneman oo~nented thenn_ is a mutual aid ~act between PSNS and Br~w~rton Fire
~partment ~ and he understood a fire, boat would be available. ~r. Plescher stated the Planning
~[.ssion recon~nendation was that the ~ner should have a five-foot aisle on either side of the
hu[]d[ne, ~nd if he did the variance should be aDDroved hut the recommendation didn't say this sho]
be %mrked out Drlor to the issuance of the variance, and Mr. Plescher stated conditions can be
attached to the variance.
ermmlssioner Stewart and ~ayor Jarstad discussed the exDlicit directions of the Fire Department
for the need of the five-foot sideyard and ~hyor Jarstad stated he wouldn't Vote for a
variance ~f the Fire De~[.~nt said it ~,~uld be dangerous. Conm~iss~.oner Steu~t~t stated he would
follc~.~ the Fire .~eDar, h~ent re~ndations.
k~en Attebe~?, Asst. Planner, dr~_.~ pictures on the blackboard showinK the location of the proposed
buil~ in~, and the properties adjacent therebV exDlalning the five-foot re~uime3nent, and stated
the end result would be that space bel.~een the buildin~ would be more than five feet on each
side. ~r. Attebe~; conmented that it was the intent of the Fire Dep~'.b~ent that the five foot
sidevard be maintained or ~{r. Bjork would draw back his builinq for the five feet.
~$. P]escher stated it was contended that the Planninq Co~nission doesn't ]~ve the power to vote on
variances, Eead C%~pter five, Section 1301 of zonir~, ordinance 1792 and stated it was based on
this section that the Plannlr~q Commission has the Dower for variances. Stated this section has
boen in effect site 1948, and has not been contested site that time. ~. Plescher stated the
ConTaiss~on has the power to interpret the ordinance, as stated in Ordinance 1792.
commissioner Stew~mr~ stated that he was concerned as to whether or not ~r. Bjork owned the propertv
,3nd that before any finance and title insurance could be issued for 2 1/2 million dollar buildinT,,
it would have to be known who o~ms the proDerty.
Hearln~, recessed at 11:[~0 for openir~ of bids.
~311~ to O~er 11:,50 a.m.
BID OPENIht~S - OFFICE MACHINE MAINTENANCE/TRUCK-WATFR N~PPLV
~,btion by ~avor Jarstad and Co~issioner Scl~neman to open bids, carried unanimously. Clerk
opened the followinK bids:
OFFICE MACHINE ~AINTENANCE:
Peninsula Stationers, No Bid Deposit, Amounts on file due to detailed bid.
Olivetti ~rToration, Bid Deposit ~50.00, .Amounts on file due to detailed bid.
~tion by Co~nissioner Schoneman and ~4avor Jarstad to open bids as scheduled on the aKenda, carried
unanimously.
T~UCK-WATEP g IPPLY:
Be. nnett Ford, ~,S0 check Enclosed .......................... $8,86~l.04 w/ta>
I~selt~d Buick/Pontiac ...... Bid Bond F~nclosed ................ 8,304.28 w/ta>
KluKe Chevrolet, $50 Check F~closed ......................... 8,010.3Q w/ta>
Motion by Cc~missioner Schonenan and Con~missloner Stewart to refer bids to the proper oon~ittee for
study and recommendation of award, carried um~%n~mously.
HearinK called Order 11:50. Clerk stated he did not have ~. Liasett's statement on tape: and
could have mlsintempreted his statement ooncerninK 2 1/2 foot easement.
PROPON~fFS
F~die Bjork, 815 Shore Drive, stated he is the owner and developer of the property. Stated he has
been working, s[nce last February on the project, and tke EaKles were aware of it and he
wondered why they didn't oome into the picture sooner. Speakln~ of the heiKht and sideyard
variances, he stated he is within the jurisdiction as far as Shoreline Management Act is concerned,
which is that qrade can be a maxi%mm of 35 feet, and his will be 34 feet fr~m the grade level which
is Washington Avenue. Stated that if he can't Ket 2 1/2 feet from ~. Liasett or from WalKren &
,qexton, he w~ll K[ve the five foot himself to make it go~ but he won't stop because of a five-foot
variance. Regarding the view, he stated if scmeone wants a view thev are going, to have to buy
it; that he was just as much entitled to the view on his side of the~ stre_et as they are on their
side of the street; also, stated accordin~ to measurements and drawing~s, the Eagles building
is h[,Kher than his proposal, and that he ]ms bad oeople look into whether or not he should build
six stories above %?ashinK, ton sice the F;gqles ~qve~broug, ht uD the matter. Stated he thought
there was so~eone else behinK the action of the Fagles. Stated his neighbor has never asked
a~xm]t the project or to see the plans. Mr. ~ork called attention to the fact that there
have lmen efforts made for ~3ny years to beautify the waterfront and his project is designed to dc
this. As~ed if the Boamd of Trustees from the EaK, les in Bremerton has the power to challe~qe
the variance as far as its l~Ts are, concerned or if they vould bave toke to the parent lodge.
'¥. Canus stated this is proper; according to the statutes, the local lodge is responsible.
r~. B~ork asked h~ many of the petition sisters were Fagle members, and ~r. Ganus stated they
all F<~qle members.
~. B]ork stated that he did not believe his project would deteriorate their proDerty~ that it
~11 helD thrum ,and many Eagles will stav in the motel becuase of the close mrox]~itv to the
lodge, and E~les at the motel facility will be drifting to the lodge which is acro~s the street.
~.'~. Rjor]~ stated he believed the project will be a good thing for the City and the County.
~o~n[.ss~oner Stewart asked about the need for the extra story he believed was put on as an
afterthought. ~. Bjork stated this was in the original plan and no extra story has been added.
Stated that the builinR~ as planned would get rid of the blight. Stated it ~ould rake it
~mmrofltahle to build without that story; that all those with vfaom he discussed the proposed
motel, ~3[d in order to make it economical, it would require from 100 to 120 rooms, and ~e is
talkln~ a~out aDproxlmately 102 rooms or maybe a little higher.
~issioner Stewart asked if he could build without blocking the E~qles vi~, and if the
buildin~ ~uld be feasible without the extra storM, and ~r. Bjork explained what was KoinK to
be Dlaced in the building; that the first story is taken um by various things such as lockers,
and would not get many rooms on that floor, and five floo~s are for roo~s. Commented he was
not savin~ something can't be done, but when the people that operate motels say when you're
~oing to build ]00 rooms, why not go to a 120 because the fi~,ures come out better. Mr. Bjork
stated further he didn't feel he was stepping on anyone's toes, and he wanted to build somethinq
that was [mressive or why build it at all; that it will have to be better than the motels on the
other side of town.
Com~ss~.oner Sc}~neman cemented to the FaKles representatives that under the exist[r~ zoninK~ the
buildin~ could be allowed as a six-story above street level apaz.b~nt house; that this is in the
code, and is allowable. Asked if they would still be in here protesting a six-stetV building
from street level, and under what ~mounds they would he protesting. Mr. Best reDlied that the
anser would he that if it was six stories above the level of Washington, and wa~ all on that
level and if the zoning ordinance permitted it, there wouldn't be any legal basis on the
variance request; ho~ver, there might be some other legal point, but not that.
~%~. B~ork stated that he took Mr. Best's statements as saying that because he is the chairman of
the Plannln~ O~ssion, he bas no right to build at all. Mayor Jarstad co~nented that he is
very appreciative of the Planning Commission members for their hard work; and stated he
realized the me, rs have to stand the throw of barbs.
~vor Jarstad called for Fire Inspector Ho~ton to discuss the Fire Depa~b~ent requirement of a
five-foot setback on this building~ for fire fighting purposes. Inspector Herren stated tbat in
order to fight any fire, it has to be accessable and in this case must he fonght from below·
Stated the five-foot access would be avery steep stairway, and all it would he used for would be
to take hand equipment to the lower floor to attach the requima~d standpipe system, and this is
the r~ason for asking for the five-foot setback, which is enough to get equirment dm~n below,
that is, anything that can be taken by hand.
Po~issioner Schonem~an asked if ~r. }brton could see any proble3n if the five-foot access is
incornorated into the Plan, and ~. ~br~on stated no, but the .topegraphV creates quite a
· · si
for firef~ghtin~. Noted that bu~ld~ng w~.ll be fmre-re/ ~mal except for furnmture and door
QPPO~[~S
~ Best, Attorney, stated he is representing the Eagles who asked him to aDDear for the3n. Asked
that a n~.;s~mer clipping frc~ Bre merton Sun dated June 6, 1974, he ~de ~art of the record,
wkich she,md an artist's conception of the Bremerton Motor Inn showing seven-story structure_ and
only one storv above the street level. Stated he realized the drawing in the Planninq Office
s]~ws eieht stories, but the Fag~les did not have this brought to their attention hecause they
d]d not know it was going to he eight stories, and at that time they bad a Board Meeting and
decided not to get involved. Stated the F~gles are quite~clear that they do not oppose this
kind of structure and they see a real need for this type of facility and realize there_ is
prebahly a need for more of this and the ~terfront along Bremerton is esneci~llv suited for it.
l~vor stated accomdiaq to correspondence he has received, Mr. Best also reoresents the developers
of the oth~r pronosed hotel facility, and ~r.' Best stated he represents E~erharter and ,qmith and
before ta]~in~ this case, cleared it with them and they did not feel this would be a conflict of
]nterst. ~vor Jarstad questioned k~m regarding this statement,, and asked him if he didn't
th~.nk there ~s a conflict of interest in trvinq to deny this development. ~r. Best answered that
he has asked kis other clients and they indicated they would not, and did not see any comDlication
in stoDpinK anyone else; that two facilities wouldn't even meet the need for this type of facility
CITY COU~ICIL M~±'ING - OCTOBER 23, 1974
Co~niss'{oner Schoneman asked +~p. Pest if the other prooosed motel had published a schematic plan
showin~ four oF five stories. M~. Best stated he could not r~me3nber and Commissioner $choneman
stated that they do not have this tvoe of drop-off, and wouldntt be able to build below street
level. ~dr. Schoneman asked if it is true that one person cannot buy the view to someone else's
oroDe~tv; that no one reserves the right to a view? ~r. Pest stated there is a right of view, and
explained this under legal terms. ~r. Pest stated that anyone who buys has a right to rely on the
zoning ordinance, ar~ the F~lgles wish that the ordinance be enforced and at least have some
iustification tmfore a variance is approved. Y~. Best questioned why the 2 1/2 foot, and why the
two stories above street level, and stated be felt the answer is that the problem had not been
studied fully and whether there was an actual need for the 100 ~mits and whet}mr be could do this
~thout extra story o~ width should be made a subject of study.
Ma~r Jarstad asked ~. Best if he was the attorney of record on the K-Mart IntermoKatorv, and Wr.
P~st stat no and that he would be glad to give the ~iaVOr a list of the cases he is involved in.
~lavor stated he ~Duld appreciate th~.s.
~. P~st commended the Plannirul~ ~ommission for their unheralded work, and stated the matter of eonfl
of ~nterest has been nmised, and has been raised in the Courts.
Iiavor Jarstad stated that in the matter of conflict of interest, let's be pmaetical; the E~les
Denre~sent 1~8 votes; F~die B~ork onlv represents one. Any conflict of interest would appear to be
~n favor of the
Uavor Jarstad stated that rumors are going around that this is a delayir~ action to all~ the clie~t~
~mder your representation to get started.
Cor~niss~oner Ecbon~3nan stated be had been an F~qle and asked about the view from their building.
~r. Bjor]( eo~nented that he has a cost appraisal from AIA regarding financing, and he was informed
that the first fac~].itv to Eot off the ~round will be the only one in three to f~ve years. Mr. ~st
stated he talked to Mr. Eberharter ~o was of the oDinlon that t~D motels could Ko up and still not
m,3tisfv the need at the present time. ~tated there is a feasibility report he could ~ossihlv furnis~
Co~r~ ss[oner Schoneman asked if the ground breakinK~ ceremony had been scheduled for July or August
and asked ~at the delay was on the other proposal. Mr. Pest stated he was not in close enough
contact with his clients to ans~er this but he didn't think they had a buildin~ permit. Commiss~one~
Scboneman as~ed if they still intended to construct a motel, and Mr. Best stated as far as he knew.
~!avor Jarstad asked on the question of conflict of interest, did you contact the Fagles, and t~r.
Pest stated he had never contacted a client at any time; that this would be a crime.
~o~i. ss~oner Stewart stated he would like to satisfy everyone, and this is not Dossib].e because
'~. ~jor~ stated he could not build it financially withou~ propem number of stories, and the
q]ildlnK didn't look right. There was further discussion about the feasibility of constructin.~ a
ce~ta~.n number of rooms.
,lames E. GAnus, apologized for bring~ing the Mayor into the. question of C~nfliet of Interst and agreed
[hat this ]<~¥] of edifice is needed in the City of Bre3nerton, but they're contesting the variance.
~ffered to show the view they now have to any one of the QonmissJoners wfo wished to ~et to the
[~3Kles lodge. Stated that Con~issioner Stewart and ~iayop Jarstad have been in their {acilitv
Co~{ss]oner Stew-art said their view w]ll he obstructed but there., are some benefits which will also
lm derived by the Fan. les, and if imorov~3nents were not made,the City would always have the blight
alone the waterfront.
~. ~nus stated their parkin~ lot has been a nroblem and people from the motel would be_ using their
lot. eo~mJss]oner Step,art stated the City Par~inK ~ar~e is available. Questioned why motel people
i[~Duld use th~ lot across the street when they have their o~m; also, noted that it is a possibiiitv
i that FaKle members will be usin~ the motel lots. Mr. Bjork stated he knew parkiRq is a problem,
'i nnd as the o~mrator of the motel there would be parkin~ boys in the evenlng~ for any large
i conventions and they Would shuttle cars to the City Garage and this is in the plans.
I ~0ue H~cts, ]~0 Radio, stated that many news casts were ~iven on KBR0 after the annomncement of the
!mote]. proFosa] had be-on released which stated that there we ' . · · ·
I ~tra~ ~ .........
· nm. unit .~ ~{]~e m~3nDe~s seemeG to OlC~ thzs news up. Ver~fmed through Roy Jacobson,
!Rr~merton Sun Reporter, that the seven-story ~tmueturm shown in the Bremerton Sun was a t%T~raphical
ierror (art[cie June 6~ 1974).
!Steve ~att, 6014 Lvnn Drive, stated the Faqles didn't come out before against the project because
Ithev didn't object to it; that they are contesting the variance% that they were previously informed
Itbat there %~uld be only seven stories, six below Washington, and one above, totaling 11 feet above
iW~sh]n~ton. Stated they don't want their view obstructed after spending $70,000 on a remodeling
i~roject deslened to take in the complete view alon~, Washington AVenue. Con~J~ssloner Schone3nan
;!asked when the buildin~ was remodeled, and ~. Wayatt stated about three years ago. Cor~nissioner
~Sehone3~n asked if they considered the possibility of a development across the street at that time,
and ~. ['~att stated he didn't know because he was not on that Building ex, tree.
Cc~w~_ssioner Stewar~ asked Mr. l~/att if the EAgles would be objectlnK if it meant killing the
proposed pro, eot. Mr. [~att stated theV definitely did not want to kill the project.
CITY C012{CIL }~EEffNq - OCTOBER 23, 1974 (Cont.)
Austin ClarP, ~n [,hshin~ton, encouraeed the Ccmmissioners to make it Dossible for the p~ject to
~o ahpad; that it is a much needed ~ve~ent.
~. Cl~k ~nted that the Fire T~e ~d exist ~th om ~t~ut ~ easement ~cause he co~dn't
~lieve ~vone trvi~q to stop fi~fighters ~cause his nether di~'t ~ant h~ an eas~ent to
set f~t on his
~tion %V Co~issioner Sc~n~n and Mawr J~ad t~t the Ci~ ~c~l ~t ~d allow this
vari~ce for }miKht for t~m eons~ction of the fi~t ~tel~tel facilitv in the Cen~al Business
District, c~ied un~ously.
Motion bv oo~issioner Schone~ and C~ission~ St~ t~t a provision ~ ~de to allow a
~t ent~-wav for the F~ ~ent either on the ~h or ~h side, either ~f.th
~o~ration of adjacent pmpe~ o~mers or ~eific~ly by the o~mer ~d build~ so that the~ will
~ riva feet, c~ied un~ously.
ORDINA~CE ~D. 3171 - Mech~ic~
ClerP read, secon~ readi~,
~e~d~ ~ct~on 30~ the~of reK~ fees.
~tlon ~ fb~iss~oner Ste~ ~d ~o~issioner ~hon~ to ~ss ~n~ce k[o. 3171, c~ied as
~: Mavor J~stad, ~s; C~issloner Ste~, ~s~ Co~iss~on~ ~hon~, yes.
City Clerk ~ted t~t actu~ial s~dv on the ~on ~Dloyees' ~et~ent Fund ~s been
~leted ~]d re~ will ~ he~ next ~ek.
PAY BILLS
~n by eD~issioner Stew~ ~d C~ssion~ ~n~ to Kive a bluet aDD~v~ of Vouchers
rb. 37~ thigh 2818, ~ the ~unt of $[~0,798.77, c~ied ~usly.
~ESS/RICf~N ~0~ DECISION
Mayor J~stad di~ct~ t~s ~tt~ ~ sc~d~ on ~qenda ne~ Wedne~ay.
~ING ~lO[~ 1:0~ P.M.
G.¢. ~ SR. ~ C~ CLERK