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HomeMy WebLinkAbout11/13/74 C1TY COUNCIL MEETING NOVf~BER 13, 1974 The re~ula~ meeting of the City Council of the C~%7 of Breme~ton, Washington, was held in the CDuncil Chambers of City Hall at 9'.00 a.m., PST, Wednesday-, Novembe~ 13, 197~. Attending were: Mayor Jar~tad, p~esidlng; Cc~sstoner StewsI~, C~,,~ssloner Sehoneman, City Clerk Yeadon~ Asst. City Attorneys McCluskey and Pinckney, and ~epr~sentatives of the press and nadio. Meeting opened with the Pledge of Allegiance and Invocation by John RupePt of F~ee Methodist Church. MINUTES ~ of November 6, 197~, were approved as read. SEPARATIONS ~. B~oussa~d, Cement Finisher, Reguestlng Disability Reti~-~-,~nt, ll/l~/7g. H.O. Domstad, Operator I~ WAter Supply, RetiI~aent, Deoembe~ 1, 197~. C~nissioner Schoneman spoke on behalf of forme~ Mayo~ Donstad and M~. Broussal-d, who have both given excellent service to the City. Diseussi~ followed and it was brought out that the State Retirement BoaPd would he acting on the Disability Retir~ament Application of Mr. Broussa~d, and a certificate frcm them would have to be received fo~ payment of accumulative sick leave. Motion bM Co~ssloner Schoneman and Cc~ssioner StewmI-t to approve the separations, carried ~nanimously. CHANGE IN PAY STATUS 7fheodore R. Johnson, Patrolman 3r~ to gth Yr., $912.25 to $95g.50, 11/15/7~. Motion by Mayor Ja~stad and C~sionel- Ste~l-t to approve the change in pay status, caz~ied unanimously. PAYROLL VOUCHERS Clemk p~esented Payroll Voucher showing gross payroll of 81S1,797.30; and voucher for bank fees, etc., in amount of ~4,60§.S0. Audited by John ~mss. Motion by Co~tissloner Stewsl-t and Mayor Jar~tad to approve the vouchers, car~ied unanimously. APPLICATION - TAXICAB DRIVERS LICENSE Clerk presented Application fo~ Taxicab Dmive~s License for Dale Hugh Cla~k which was approved by Captain Devery for the CYJief of Police. Motion bv MaVOr JaPstad and Cu,,~,{ssioner Schoneman to approve the application, eaz~ied unanimously. BID AWARD - OFFICE MACHINE MAi~r~CE 1975 Clerk stated it is rec~,,,ended that l~w bidder, Peninsula StationePs~ be ~l~anted the bid. Motion by Co~tissloner Schon6man ar~ Co~issioner Stewsl~t to awal-d bid as recu~,~nded, caI~ied unanimously. BID AWARD - SERVICE M~r~EIAL (WATER DEPT. ) Clerk read mem~ dated 13 November 197~ fr~m E.R. WelleP, Wate~ Supt. to City Cou~cll recc~mended bid for water se~vi~e material be awaited to H.D. Fowler Cc~pany, low b~dder. Motion by ~onmtlssioner Schoneman and Mayor Jar~tad to accept Pec~,,,~.ndation of M~. Weller, and aw-~id to H.D. Fowler, low bidder, ear~ied unanimously. BID AWARD - A.C. PIPE ,Clerk read memo dated 12 November 197g f~cm Wate. p Supt. to City Council stating that Pacific W&ter ~omks Supply is low blddeP by virtue of being able to ship and bill fr~m thei~ Tacoma warehouse, thus being able to charge standard 5 pert~nt sales tax ~atber than the $. S pe~ent tax thai-ged in King County. Co~ssioner Schone~aan asked the City Attorney if it is legal fora the City to accept a bid on the basis of a lower tax hei~g ehal~ed, thus making it thelow bid. Asst. City Attorney Pinckney stated that the tax could be considered because it is paI.t of the total cost to the City. Motion by Mayo~ Ja~stad and fkmmtissionem Schoneman ?o award bid as recu,,,~nded to low bidder, Pacific ~nks Supply C~,%~ny, caz~ied unanlm~usly. CALL FOR BIDS - BPG~MEKI~N GARD~ PUMP STATION City Clerk read memo dated 12 November 197g from Ci%7 Engineer to City Council requesting that Der~tlsslon be g~anted to call for bids for this pump station and pressure line. Mo~ion b7 C~,,,.{s~tioner Sehoneman and Mayor Jar~tad to authorize the bid call. Discussion followed, ~----~,,{sslomer Sehoneman gave beekgr~und of project. Mayor Jal-stad c~m~nded Con~tissloner Schonsman fo~ his efforts to put some of the financial responsibility of this pro, eot on the Br~m~r~on Gardens Developer~, and explained that the City Attorney's Offlee gave the opinion that this would be the City's responsibility. Cc~,',,~isslone~ ~tewaI~ asked guestions concePnlng funding, and Co~ssloner Sehoneman stated funds would come fray, the Cumulative Reserve fop Sewer System Improvements. City Clerk stated he would check into the funding. Motion carried unanimously. CITY COUNCIL MsEI'IN~ - NOV~MBER 13, 1974 (CONT.) CORRECTION OF ~ - PLAT OF WOOSMERE Clerk r~ad letter dated 8 Noveraber 1974 f~,, Allen Edwards Realty Company to City Council explaini~ that thev made an error in accepting and recording an easement granted by the City of Bremerton for purposes of sewer line extension fr<m~ Plat of Woodmere to Plat of Highland Park; that KitsaD C~unty will be the even~n,m3 owner of all sewer lines in,tailed and the easement should be made ~n the name of K~teap County; also, stated change should he made concerning connection Pates to-the City because a nu~,nal eonnectlon fee must be paid bythe City which w~ll be used for the construction of the B~-~nsville-Meadowdale-Silverdale sewer system. Letter pointed out that the City w~uld be capable of converting th~s prope~.ty to a park at a later date. Motion by C~J,,ais$ioner Schoneman and C~m~Jsstor~ Stewart to approve the correction easement, and to authorize the Mayor and City Clerk to sign, and to refer the documents to the City Attorney's Office for chec3c[ng; carried u~n~usly. SIX~FH ST. MERCHANTS - PARKIMg/S.' SIDE OF SIXTH Chief Schlie stated that tber~ is a traffic problem on Sixth ~treet bei~een War~en g Park due to the four lanes n~i~g irfco two lanes after crossing k~n Avenue l that the highway is four lanes all the w~y from K~tsap Way and then suddenly ~es into two lanes east of Warren Avenue. Stated that ~epo~t of the Tpaffie Division indicates that the average flow of traffic in two days on this highway amounts to 10,097 vehicles, and the City receives about 89.00 from the eight meters; also, commented that many t~n~s only one or tw~ cares are pa~ked on the street causln~ all the traffic to merge into one lane. Wayne Olsen, Olsen Sheet Metal; Bob MeNe~_ll, McNeill*s Island Chevronl Bruce North, Piston Service; Manager, State 1.{quor Store, gave their presentation to City Council bringin~ out the following points: Pakring is vital to ~ny businesses on this streetl Sixth Street should be part of the business dlstnictl Cothnc~l should postpone decision on this matter until wor~ is received from the Federal Gove~.,,mant regal~dir~ the proposed Br~on Redevelopment which miKht change the situation completely. Further discussion ~s held, end the Chief of Police stated that the best solution for traffic- problems would be cc~plete removal of maters; however, his second suggestion would be removing one double-head meter (two spaces) closest to War~en Avenue on the South side of Sloth, and then look into the matter of additional s~gni~g roi~ no-park~ag hours. Co~ssloner Schoneman suggested no parkin~ be allowed fr~ 6-9:00 a.m. and 4-6:00 p.m. Motion by Conmtissloner Stewart and Mayo~ Jarstad to follow recc~tlon of Police Depa~'.5,~nt to t-~e one meter (two spaces) out, and to put in proper sign~g, carried unanimously. REPORTS - COMMISSIONER gI~hWART: 1. Advertising Topless Parking at the Garage due to the fact that the top floors are not belnM filled, for the amount of 88.40 per month. Urged people to take advantage of this rate. ~. Unbreakable window-type shields have been put in parking garage structure to protect elevators and stair w~lls from weather and rain which has caused problems with the elevator getting caught between floors. Feel %he Archlteet should have paid for this necessary correction in desigh. 3. City has to budget some reserve funds, and budgets w~ll have to be cut enough to provide for this. ~ ~. Received copy of proposed Agreement w~th No~h Perry Water District, and do not fully agree with this at present time; they w~nt us to pay them for the revenue they would not get, no the revenue we would recelve. 5. Attorney General's Opinion relating to sewer charges to those outside City limits should have substantial effect on Sewer District No. 1 matter. COmmISSIONER SCHONtMAN 1. ODd,rended residents involved with Brewster Place LID which is complete except for street base and paving being put in. 2. Sheridan Road Project pay ing will have to be delayed until next spr~ng. 3. State HiKhway Depa~.b,ent plans to withdraw their request fop the C'/ty to asstw~s ~or~ibility and Ownership of Manette ~rldge. Will be receiving for~ lette~ sh~a-tly. ~. Olympic Omllege Strike most regrettable, and feel these negotiations should ~ out in simmer months when students would be least affected. HOpe matt~r~ will be resolved ~o~tly. 5. Feel City ~buneil should pass a resolution for wage ~ price cont-r~ls a~d other st~estlons to deter inflation. Spoke of problems at present t~me with prlees and wages, a~d stated that local Movel~,~nts shoud star~ taking sc~e action. Ca~ssloner Stewar~ stated that he would help C~mmissioner Schoneman in getting a resolution prepared. REPORTS - MAYOR JARSTAD: 1. Presented Fire Depa~h,ent Report for October showing 78 total alarms~ building loss, $18,~00; Content Loss, 810,500.00. CITY COUNCIL M~;~L'i~ - N0V~BER 13~ 1974 (CONT.) 2. P~esented Police Report fop 0ctobem showing 518 a~rests of which 368 wer~ for traffic violatio~ 3. Police Depa~,t.~nt has z~quested that Ar~senal Way on the west side of the freeway be changed to Aresenal Circle or Arsenal Place; that this should be studied and looked into. 4. NorTh Per~y Water AGreement sheud be eonsi4er~d at eamly date due to this distmict being involved with selling bonds. Discussion followed, and Conm~sslonep Schoneman suggested that meeting could be pecessed until later in the week to resolve this matter because he had not had a chance to ~eview the agreement which he l~eeived this morning; also ~ stated that Mr. Parker shouJ have a chance to review the agPeement. Comm~ssioneP Stew~u~t stated he would not vote on the ~nt until Mm. Parker, City Engineem, could give himscme flgu~es on exactly how much money the City would ~eceive. Mayor Jarstad stated that the council didn't need to be r~cessed; however. should let NorTh Per~y know ou~ intentions as soon as possible. 5. Pleased that former Mayor L. "Him" Kean was honored by Kitsap County veterans at Star of Sea Church on Armistice Day. Motion by Mayor Ja~stad and Oc~missione~ Schoneman to hold hearings as scheduled on the agenda, carried unanimously. KREUGER CONTINUATION HEARING Bill Kamps, Attorney ~ep~esenting the K~euger~, stated they a~e willing to go along with the site plan and ~est~iction on the R-2 zoning for a 92-bed nursing home substantially developed according to site plan. Bill Parker, City Engineer, gave p~esentation to the Council, and suggested that the developers p~uvlde thei~ own facility for storm drainage; also, stated that sewage should not be any p~oblem. Stated they should provide some type of sidewalks, cumbe, g gutters. Mmtion by Cu,,,,~ssloner Schoneman and Cu,,,~sslone~ Stewar~ to gr~nt approval of the request ~----~--fcting use to a 92-bed nursing home substantially developed according to the site plan, and incer~orating the rec~,,~endations of the City Englnee~ to provide pzupem storm drainage facilities, and sidewalks, curbs, and gutters; ea~ied unanimously. AMENDMENT TO ZONING ORDINANCE - R-1 DIStrICTS (CONTINUATION OF HEARIbE) Clerk ~ead Excerpt of Planning Commission Minutes dated September 18, 1§?~, at which time a motion was made to approve this amendment as proposed, which w~s ca~ted unanimously. Clerk r~ad Planning Co~misslon Resolution No. 267 r~o~mending approval of the amenc~ent. Clerk ~ead Envirormental Impact Asses~_nt which stated the change would not ~esult in significant adverse environmental effects. George PlescheP, City Plannem, gave p~esentation to Council, and mec~,mnded the changes be made. (Resume of reasons and purposes for change on file) Co~missioner Stewart stated that he felt the City could operate mm~e economically in high densil7 ar~as; also, commented that the change will allow for the develo~nt of proper~y, which other- wise wouldn't be f~asible to develop. It was brought out that the change would not depreciate any proper~cy values. Clerk read lettem fz~m Charles Ullock in opposition to the ~uposed change to Section 300 because (1) It would deprive the ~esidential-one 'district ~esidents the right to express thei~ views in a public hearing on each r~quest for a zone change for constr~ction of R-2 dwelling groups; (2) No altea-nate proposals have been presented; (3) Sufficient data has not been p~sented to substantiate evaluate or assess the change. Mr. Plesehem stated that an Enviromnental Impact Statement would be p~epared and the public could be notified bva letter sent by the Planning Dapa~.b,~nt. Ma-. Ullock stated scmething like this should be incorporated into the proposed change. Lengthy discussion was held, and Mr. Plescher stated that Mr. Ullock is correct concerting the working '~multi-family dwelling"; that this should be changed to something else. Mr. Plescher suggested the hearing be continued so the Planning Depa~.b,mnt can have a chance to make some changes in the proposal. Mr. Drake, 2615 E. Phinney Bay D~ive, stated he is in favor of tbe proposed change; however, didn't feel it could be applied to watemfr~nt p~operty due to the way the lots are legally described; that according to the proposed change, 35-foot high buildings could be developed out over the watePfrgnt if the lot was large enough. Stated that m~st waterfront lots are long and thin, which ~uld allow plenty of development according to the proposal. Mr. PlescheP explained this is correct except the buildings would be a maximum of 30 feet high, not 35. CITY COUNCIL ht~rIN~ - NOV~BER 13; 1974 (CONT.) Motion by Mayor Jarstad and Commissioner Stewar~ to recess the hearing, and continue next Council ~ so the Planning Depa~.:.,~nt can review some of the suggestions given at this time; carried unanimously. HEARI~q - CONIF~ ~-~ FOR R~MOVAL OF L~ND U~E RE~I~CT~O~ ~ City Clerk ~tated he POsted the ~vper~Y, mailed notices to pr~pe~ L3, owners within 250-feet, and published notice of hearing in newspaper, all at the propertlme as required by law. Clerk read Planning Co~w~ission Resolution Nos. 269 and 270 recommending approval of requested chenges to the Land [)se Restrieitons as follows: Delete l~em 2 which reads '~l~e dwellings will be made to acco~odate elderly persons"; Change Item 3 to read '"l~at there he a parking Patio of one space for every three dwelling units if occupancy of the project is reut~icted to elderly parsons under a gove~,,~ntally funded progr~, otherwise parking shall he provided in accordance with zoning ordinance requirements." Change Item 9 to r~ad "To insure an integrated development, the total development shall be constz~cted and thereafter maintained in a unified manner. Such unified development and maintenance shall be essentially the same as the approved site plan attached hereto and dated, irrespective of the sale or subdivision of ownership andof the total land described hereinabove." Remove original site plan and attach new site plan. Clerk read excerpt of Planning Ommmission Minutes dated September 18, 1974, at which time a motion w~s made to recormnend amendment be approved relating to Parcel 1~ (Res. 269), and a motion was made to recu,,,~nd approval of ~mendment relating to Lots 17 S 18 (Res. 270); both motions carried unanimously. Clerk read letter from Trident Coordinator dated September 17, 1974, advisin~ that President Ford has signed an act, and "Housing for the Elderly" is one of the key ~,~onents of this Act, and he hopes that decisions affecting the availability of elderly housing dul-lng the critical period ahead would take into consideration the factor that substantial fede~l assistance for such housing may be shortly available. Clerk read letter fzu, the B~ementon Housing Authority to City Council dated September 18, 197~, suggesting Council POstpone a decision until January 1, 1975, to allow them to get a decision on federal application for funding H~us~ng for the Elderly. Clerk read state~ents rega~dlng I~pact of Rapid ~owth on Ho~sln~ for the Elderly by John Horsley, Trident Coor4inator and Statement made by William Murdock on behalf of Kitsap County Trident Senior Citizen Technical Advisory Committee. Clerk read Environmental Impact Assessment and Staff Review stating this ~ould he minor action resulting in no adverse env~_ronmental affects. William Barrett, ~,~ployee of Conifer Company, gave p~esentatlon, and explained that they do have applications in for funding of elderly housing; however, they would llke some flexibility in case fundinK does not become available. Stated they would prefer developing housing for the elderly; however, if federal funds are not granted, would have to develop sc~e other way, which would r~quire r~noval of land use rest-Pie tions, which l~mttt the develo~nt to housing for the elderly. Stated that if this rest-riu~-'on stayed with the land, it might be a long t~3ne before the property can be developed. Ken Attebery, Asst. City Planner, showed location of the property, and explained land uses in the area. Stated that there have been minor chan~es in the site plan, end a blcyele path has been developed from the facility to Sylvan Way which is used by children in wslkinK to school. Doug Booth, 1332 E. Hope, speaking for Ivy Road residents and View Ridge Community asked if the prope~.ty owners within 250 feet would have a legal right to uphold the land use restrictions. After considerable discussion, it was brought out that the Land Use Rest-~ictlons were not part of the rezone ordinance, but an a~m~ee~ent signed by Conffer and the residents were a party to this agreement. Asst. City Attorney MeCluskey stated that in this ease the residents would have a legal right to enforce the restrictions, and if they were violated, would have a right to sue, regardless of the Council's action. Mr. Booth stated they would llke to see the propex. Ly developed for housing fop the elderly; that the present Tamarack ecmplex has proven very deslr~ble in the eu,,~,~nity. Stated that a bill for this type of funding has been signed by the President, and they feel ~he possibility of f~nding ~ay be Vel~ ~C~iSlng; alSO, oomm~ented that ~f funding is not gr~nted in a ~easonable ~nount of tlm~ after January 1st, 1975, he felt the residents would be willing to sign an a~reement waiving the restricitons, and working something else out, and he himself would be willing to do this. Motion by Mayor Jarstad and C~,,,~ssloner Stewmr~ to defer action untll~ the second Council Meeting ~ February, 1975, carried unanimously. HEARIN~ - SHORELINE MANA~T P~M1T - CITY OF BRtMERTON FJMP STATION ~lerk stated that notice of hearing was advel~tised according tolaw. Clerk read Envlro~ental I~pact Statement which is on file. Motion by Maser Jarstad a~d C~,alssioner Stewart to accept the Envirormental Impact Statement as ~-------~-, ear~ied unanimously. CITY COUNCIL h~EI'I'N~ - ~OV~4BER 13, 197~ (CONT.) Motion by Mayor Ja~stad and Cc~ssioner Sehoneman to grant the permit fora Shoreline Management ~6~ p~p station, carried unanimously. 0BSCENITY LAWS Charles Mayer, Knights of Columbus, asked if the City Council passed an ordinance de~I~fng with obscene literature, and stated he would like to know the status of this ordinance. M~. Mayer asked if there is anything the Council could do to make local grocery stores and d~ug sto~es keep "Playboy" and other such magazines outof the ~ht of young children. Discussion ~s held, and City Clerk stated he ~)uld have Asst. City Attorney John Jackson sub~t an updated memor%~ndum~ on this matteP~ and he ~uld send a copy to Mr. Mayer. M~. Mayer gave his addmess as 28 "~' Wencker Way. N~TICE OF PUBLIC HEARING ~le'rk p~esented Notice of Publle Hea~ing on p~oposed Land Use Bill to be held in Spokane City Council Chambers, 7:30 p.m., P~iday, November 22, 1974. HIGHWAY COMMISSION ACTION PLAN Clerk p~esented lettez, dated 1 Nove~ 197q f£~, State Highway C~,,;sslon to City su~tting draft for Project Development Guidelines G~oup I Projects. Referred to City EnKineep. ORDINANCE NO. 317g - Su~ePior Oour~ Appeal Period Clerk ~ead, Second Reading, An Ordinance a~endir~ 0r~ ~. 1792 regarding. 7~ning by addition of new section No. 120t, 'setting time for Supe~i~ O~u~t appeals. % by Mayor Ja~stad and C0~ssioneP Stewart to.pas, s Ordinance No. 317~, car~ied as follows: at, tad, yes; C~,~.{ssione~ Ste~s~t, yes; Cc~misslone~ Seboneman, yes. ORDINANCE NO. 3175 - BO~3ESS/RICFARDSON (R-1 to R-2) Clerk read An Ordinance, second Peadi~, an%endtn~ the use and ar~a maps aeeor~g to Ordinance No. 1792. Motion by MaVor Jar~tad and (k~misstoner Stewax~ to pass 0rdinanee No. 3175, carried as follows: ~P~--~-~-Jar~Tad, yes; C~,{ssionem Stewart, yes; Oo~mfssfone~ Schoneman, yes. ORDINANCE NO. 3176 - BOGGESS/RICHARDSON REZONE'(R-i C'l'erk read, second reading, An 0~dlnanee ~ending the use and area maps according to Ordinance No. 1792. Motion By Con~tlssloner $te~/-t and Mayor Jar~tad to pass Ordinance No. 3176, car~ied as follows: ~-yor Jar~tad, yes; Co~aissloner Stewart, yes; C~,Jsslone~ Sehoneman, yes. PAY BILLS ~ot~o-~6~-~ Con%missioner Stewar~ and Mayor Jar~ted to give a blanket approval of Vouchers No. 3975 ~ g037, in ~ount of 960,896.00, as audited by John Ross, ca~ed unanimously. ht~riNG ADJOURNED 1:30 P.M. GL~N K. JARSTAD, ~ MAYOR