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HomeMy WebLinkAbout04/12/72 MINUTES OF THE CITY COUNCIL APRIL 12, 1972 The regular meeting of the City Council of the City of Bremerotn, Washington, was held in the Council Chambers of City Hall at 9:00 A.M., PST, Wednesday, April 12, 1972. Attending were: ~yor Jarstad presiding, Commissioner Clark, Commissioner Schoneman, City Clerk Yeadon, City Attorney Walgren, Eddie Adams, and representative of the press. ~eeting opened with a prayer in memory of Mrs. Schoneman, Pledge of Allegiance, and Invocation by Doyle Hardy, Associate Pastor, First Christian Church in Bremerton. CITY COUNCIL MINUTES - APRIL 12~ 1972 (Continued) MINUTES OF APRIL 5, 1972 The minutes of April 5, 1972, were read and approved as amended. SEPARATION Victoria L. Batterman - Clerk-Typist - March 31, 1972 - Commissioner of Finance. Commissioner Clark explained that Mrs. Batterman resigned for the purpose of starting a family, and left in excellent standing. Motion by Commissioner Clark and Commissioner Schoneman to approve the separation, carried unani- mously. LICENSE APPLICATIONS Kenneth Morgan Woodcock - Taxicab Driv er License - Approved by Chief of Police. Richard L. Penor - Taxicab Driver License - Approved by Chief of Police. Donald E. Clark, Sr. - Taxicab Driver License - Approved by Chief of Police. Richard W. Scott - Taxicab Driver License - Approved by Chief of Police. Motion by Mayor Jarstad and Commissioner Clark to approve the applications, carried unanimously. PROCLAbD%TION Clerk read proclamation of the Mayor proclaiming the week of April 30 through May 7, 1972, as "Spring Clean-up, Paint-up, Fix-up Week". Commissioner Schoneman explained that Brem-air Disposal has agreed to make the pick-up this year and they won't charge providing refuse is bound properly and items such as bed springs, mattresses, etc., are eliminated. C~m, issioner Schoneman and Commissioner Clark complimented Brem-air Disposal Company for their part in the program. NOTICE OF MEETING - Urban Arterial Board Clerk presented Notice of Meeting of Urban Arterial Board which included an agenda of the meeting. Clerk also presented letter of Urban Arterial Board which stated that design standards established by the Urban Arterial Board may be altered because of com~untiy concern and encouraged local officials to review projects now under design to determine whether design modifications would assist in reducing comunlty resistance. C}La2~GE ORDERS - Golf Course Clubhouse & Fire Department Tires Clerk presented Change Order No. 1 to Western Elevator Corporation for work at Gold ~untain Golf Course Clubhouse in the total amount of $374.33, which makes a total adjusted contract price of $4,978.58. Clerk presented Change Order No. 2 to Northwest Notel Supply~ Inc., for table bases at Gold Moun- tain Golf Course Clubhouse in the total amount of $223.76, which makes a total adjusted contract price of $39,003.35. Clerk presented Change Order No. 8 to Saule Corporation for additional work at Gold Mountain Golf Course Clubhouse in the total amount of $479.85, which makes a total adjusted contract price of $161,637. Motion by Commissioner Clark and Commissioner Schonaman to approve the Change Orders. Under discussion: Commissioner Clark stated that in the total Clubhouse contracts, change orders were under two percent which is remarkable for a project this large. Carried unanimously. Clerk presented Change Order No. 1 to D. B. Corporation for adding additonal size truck tire for $77.45 each. (Note: Fire Department requires this type of tire for emergency fire trucks.) ~otion hy Co~issioner Clark and Commissioner Schoneman to approve Change Order, carried unanimous CALL FOR BIDS - Reroof Sheridan Park Community Buildinl Clerk read memo dated April 10, 1972, from Parks Superintendent to himself, recommending bids be called to reroof the south section of Sheridan Park Community Building of which monies have been budgeted in the 1972 Park Budget. Motion by Mayor 3arstad and Commissioner Clark to approve call for bids, carried unanimously. PURCHASE APPROVAL - Truck (Water Department) Clerk read memo dated April 11, 1972, from E. G. Humble to Council requesting authorization to pruchase lq68 International tandem six wheel dump truck with G.M.C. diesel engine from Snohomish County which was declared surplus. The memo also suggested that the Street Department look into one other of these trucks. Commissioner Schoneman stated the price being asked is very fair. ~btion by Commissioners Schoneman and Clark that the City Council agrees the price is fair and approve authorization to negotiate for two trucks, subject to concurrence by the City Attorney, carried unanimously. FASEMENTS - Sanitary S~wer LID #312 (Kitsap ~ake Shoppin8 Center) & LID #314 Clerk presented One F~sement for Sanitary Sewer LID #312, and Six (6) Easements for Sanitary Sewer LID ~314 for acceptance by the Council. Motion by Mayor 3arstad and Commissioner Schoneman to approve the Easements and refer to the City Attorney's office for review and return to City Clerk for recording. MI~ITES OF THE CITY COUNCIL - APRIL 12~ 1972 (Continued) LETTER - Highway Conumission Clerk read letter dated April 7, 1972, from Highway Commission to Mr. Schoneman, regarding pre- liminary en~ineering work coverinz the relocation of city facilities. The letter explained that preliminary engineering costs related to utility betterment are not a state obligation and the State a~rees to reimburse the city for those preliminary engineering costs under certain conditior APPEAL - TIMKATH REZONE Terry Hanley, Attorney, and applicant Ralph Erickson were present. Mr. Hanley stated they were present in connection with their appeal from decision of the Planning Commission to deny their application. Mr. Walgren stated he would give a verbal opinion and would later submit i~ in writing. Mr. Walgren stated the application was denied by the Planning Commission on the 15th of March. A letter was directed to the applicant on March 16th which stated he should file an appeal witb the Secretary of the Planning Coma~ission and should he within In days after the mail- ing of the notice.. Mr. Walgren stated as a matter of fact the notice of appeal was filed on ~{arch ?~, I~ ~ language of the ordinance is considered, counting .from ~arch 15th, then it would be thirteen days after the rezone had been denied; or on the other hand, if following the notice, it would be twelve days after, which is apparently after the ten-day appeal period. Obviously, there was a discrepancy in the notice, but Mr. Walgren didn't think this material; but stated the appeal should be filed within ten days after denial by the Planning Commission as stated in the ordinance; however, any error would be in favor of the applicant. Mr. Walgren stated further that the important point in this particular appeal is the fact that the applicant attempted to file on March 17th--and would file an affidavit to this effect--by contacting the Plannin~ Office on that particular date, which was within the time; but due to the illness of the Secretary he was not able to be served; that the ordinance clearly states that "by filing with the secretary of the secretary of the Cormmission" and further "thereupon the secretary of the Commission shall forthwith transmit to the City Counsil all papers and documents" etc. Mr. Wal- gren stated this is a technical point in reading the ordinance, that the appeal should be filed with the "secretary of the Planning Commission"; that the Planning Commission had not appointed some other person to act as "secretary" and they should by resolution do this so some other per- son can sit in as "secretary". Mr. Walgren c~ncluded by recommending the City Council hold the hearin~ and consider that the appeal was timely filed and the Planning Director should have a substitute secretary appointed. Motion by Commissioner Schoneman and Commissioner Clark to accept recommendation of the City Attorney and that a hearin~ be in order. Under discussion: Commissioner Clark stated he felt all citizens should have an opportunity to present their opinions and grievances on such matters. Carried unanimously. Motion by Commissioner Clark and Mayor Jarstad that a hearing be set for May 24, 1972, at 10:0~ a.m., carried unanimously . PAY BILLS Motion by Commissioner Clark and Mayor Jarstad to pay all bills that are a~proved by a majority of the Commission, carried unanimously. REPORTS Commissioner Clark: 1. Commented on article in the Bremerton Sun that reported a hundred building permits for new homes were issued in Fc[tsap County during the month of March, which is 32 more than any pre- vious March on record. Mr. Clark explained the 100 homes were estimated to be worth more than 2 million dollars compared to the previous record of 68 homes worth 1.3 million dollars; which shows a favorable growth in Bre~erton and Kitsap County as compared to the general Puget Sound area. Commissioner Schoneman: 1. ~ave a report hased on a letter he had received from Public Employees Retirement System which stated that employee contributions that had been transferred from the Bremerton Employees Retirement System to the PERS would be used for additional retirement benefits. Prior to this ruling,, no additional retirement benefits would have been given for transferred amounts by certain employees. 2. Reported on current problems and tie-ups on Phinney Bay LID #311 and Port Washington Narrows LED #314 in relation to Easements. 3. Reported that Naval Avenue progress is continuing regardless of severe weather conditions, and storm sewer eonstruction is under way. Stated the pole relocations are taking place and watermain adjustments. Reported that traffic is being properly controlled by an off-duty policeman. 4. Select Construction has engaged George Yamamoto to plant trees which was part of their con- tract on Pacific Avenue. 5. Puget Power has renewed all the luminaires in the central business district plus Callow Avenue, and City now has assurance that the light intensity is far greater than we ever exper- ienced it. CITY COUNCIL MEETING MINUTES - APRIL 12~ 1972 (Continued) 6. Domsea has completed dam and screen across spill-way in Gorat Creek area and are now studying flow for plant tn this area. Reported fish loss was very low. 7. Correction has been made on Intersection of Pacific Avenue and Sheldon Blvd. by relocating stop signs on north end of Pacific Avenue to the East and West side of Sheldon Blvd. The stop si~n is now located on a flat surface as opposed to a grade on Pacific Avenue. The buildings located on both sides of Pacific Avenue prevented view of any approaching traffic.(Two (2) signs, one (1) traveling East and one (1) traveling West) 8. Expressed appreciation for kind thoughts of Commissioners and employees due to the loss of his wife and read a prepared statement to be published in the newspaper ex~ressing gratitude to the public for their sympathy and kindness extended to his family during this time. The Mayor Recessed the meeting for a short time at 10:00 A.M. The meetin~ was called to order at 10:10 A.M. OPEN MEETING No one spoke during the open meeting. Motion by Commissioner Schoneman and Commissioner Clark to hold the hearings in order scheduled on the agenda, carried unanimously. REZONE - RICHARDSON Clerk reported that this rezone comes from Planning Commission on their resolution No. 225 which recommended the City Council approve the rezone from R-1 to R-2 on approximately 1628 Tren- ton Avenue. Clerk stated he sent letters of notification to persons within 250 feet of location, posted notices, and advertised in the newspaper at the proper time. He then read excerpt from Planning Commission minutes of March 15,1972,.and Staff Review of the same date. There were no letters of protest to be read. George Plescher, Planning Director, showed the area map surrounding the proposed rezone and stated the remainder is all single family residences except two duplexes across the street and two fourplexes located to the north of the property. These buildings were constructed prior to the area being annexed to the City and so the whole area came in as R-1. The dwelling units are a non-conforming use. He then showed further detail on a larger map and pointed out the steep slope to the south; also, showing where the apartments are located to the north at which point there is a relatively steep bank which gives the topography a step-down situation. To the north of the apartments is a church. The area is approximately 490 feet by 177 feet in width, a little over two acres. Mr. Plescher showed a site plan which had been presented for information pur- poses only because there is no recommendation for restriction on the site plan. He then showed comprehensive map and pointed out that this is in a iow density area. He said that the recom- mendation for rezone was due to the deep slope generally in the area, and that it is not feasible to build a high density area on that type of land. In answer to Mr. Schoneman, Mr. Plescher stated the height of the building unit is two-story and under 35 feet. Commissioner Schoneman pointed out that on the east side of Trenton Avenue the homes are located on a steep grade and this particular portion being proposed is quite different in elevation to homes located on the west side of Trenton Avenue. Mayor 3arstad commented that normally this type of rezone would call for restrictions because of heinz in a R-1 area, but because of the elevations our restrictions would not necessarily be involved. Commissioner Schoneman stated that another point is that there are other existing types of apartments in the area. PROPONENTS: Merv Richardson, 546 Fourth Street, showed an artist's conception of Xhe project. He stated he asked for rezone on this particular piece of property because he thought it showed a growing need to the community. He felt most apartments built in Kitsap County cater to the young couples and working people, whereas this property would provide a quiet residential atmosphere as well as many convenient facilities such as buses, shopping, churches, etc., for the older and retired couples. Mr. Richardson stated cars would be parked below street level and explained his pro- perty is below surrounding buildings and this apartment would appear to be a one-story building because of the slope. The building would not interfere with other's view. Based on the value of the property, Mr. Richardson didn't think it economical to build residential and felt the highest and best use would be for apartments. OPPONENTS: A1 R. Edman. 1604 Trenton Avenue, owner of property below, stated he was concerned about water run-off. He commented that the City in the past has not kept the drains opened as well as they should. His one other concern was the control of children. Other than that, he stated he had no objection to the rezone. Commissioner Schoneman explained UAB project that is approved for Trenton Avenue which will take off from the existing LID that was terminated at East 16th Street; this will continue clear througb to the city limits on both sides of the street with new sidewalks, curbs, gutters, and storm sewer separations. He stated this project has been funded and that all of the water control will be contained within the street area when this project is completed, as well as control children on sidewalk areas. COUNCIL MEETING MINUTES - APRIL 12~ 1972 (Continued) Mr. Schoneman commented he could see quite clearly the problems Mr. Edman has had because of water washing through current drain structures which are inadequate without curbs or gutterline. Commissioner Clark stated that at the time a building permit is issued, adequate provisions would have to be provided for the run-off water by the builder. Commissioner Schoneman explained that when all utilities are on Trenton Avenue that any constru- ction such as this would have to utilize the existing utilities. Mr. Richardson stated he plans to slope his property from the back towards Trenton Avenue which will carry the water away from other properties. Commissioner Clark and Commissioner Schoneman discussed with Mr. Richardson the possibility of fencing to aid in controlling children from running on other property and Mr. Richardson stated he planned to put in some type of fencing or shrubs in order to keep people on his own property from falling over the bank. Don Kurtz, 1343 3acobson Blvd., stated he was not opposed to the rezone but was concerned with the storm drain which is running continuously with water summer and winter and he was concerned about any additional water coming his way. Commissioner Schoneman advised him that the City has no control of water going into the gully but water generated from the street and proposed apartment complex would be handled by the UAB improve- ment being planned. Mr. Erickson spoke in favor of the project and detailed the present need for houses for retired people. He stated that this would encourage more military people to retire here and would en- courage other people to stay. He co~,,,,ented that this project would contribute to tax rolls and add customers to the bus system. Commissioner Schoneman complimented the Mayor on Senior Citizens Program he has in operation at 13th and Nipsic which is close to the proposed rezone. Motion by. Commissioner Clark and Commissioner Schoneman that rezone be approved. Under discussion: Mayor Jarstad stated it would be appreciated and is important for Mr. Richardson to put in his screening as he builds, which seems to be one of the things that complaints are received about upon completed developments; and suggested mature plants would be appreciated. Commissioner . Schoneman stated this would be included in Mr. Richardson's building permit. Motion carried unanimously. RFZONE - SKIRVING City Clerk stated the Skirvtng Rezone comes to the City Council on a letter of appeal from a denial fo the Planning Corm~ission. Clerk read letter of appeal dated March 20, 1972, from James E. Skfrving, excerpt of Planning Commission minutes of March 15, 1972, and Staff Review of March 15, 1972. Clerk then read letter dated March 14, 1972, from Robert and Almeda Harris, Route 1, Box 1974E, who own property within 250 feet radius, in favor of the rezone; also read letter dated March 15, 1972, from Howard E. Wilcox and Marion B. Wilcox, 919 Weslon Place, which was in opposition to the rezone. Clerk stated he had sent letters of notification to persons 250 feet of location, posted notices on poles and in public places, and advertised in the newspaper at the proper time. George Plescher, Planning Director, gave a review of land use in the area, show~d present zoning in the surrounding area, and showed detailed map indicating clearly the dwelling between the rezone site and the adjoining commercial zone. Mr. Skirving explained that Weslon Place is about 200 feet east of his property. Commissioner Clark questioned Mr. Plescher about former Bluebird Inn, now a pizza parlor, as to whether it is commercial or residential. Mr. Plescher was not sure, but Mr. Clark thought it to be a non-conforming use. Mr. Plescher then showed the area from the comprehensive map. Mayor Jarstad questioned Mr. Plescher as to his reco~m~endation contained in the Planning Staff Review. Mr. Plescher stated his recommendation was made on the basis that there were quite a few rezones in this area and looking at the land use existing and topography and heavy traffic that is on Kitsap Way, he felt that an apartment type or some similar use would probably be best; that he did agree with Mr. Branch that he would not like to see the whole street stripped for bus- iness use, but Mr. Skirving's use is a Iow traffic generator. Ne stated further that this is a single family area and this is the main reason Mr. Branch said it should be for apartment house use that it would be very difficult to hold off a rezone for single family residence along the heavy traveled street because pressure is always there for commercial. He stated that if it could be kept in a low traffic generator use like an apartment house or this kind of business it would be his recommendation to approve the rezone. PROPONENTS Mr. James E. Skirving stated this is not a residential area any more as far as R-1 on Kitsap Way and ts turnin~ into a business area. He explained that his real estate office is a small, quiet business operating only during the day as well as a small building. Mr. Skirving stated he felt this is an orderly, progressive move and would be an addition to the area and to the City. He also stated that government financing cannot be obtained on a residential type building facing a business area. COUNCIL MEETING MINUTES - APRIL 12, 1972 (Continued) OPPONENTS Merlin Breeding, 4826 Kitsap Way, stated his property bounds on the west'against the Skirving pro- perty, and be felt h~s property would be cheapened with the placement of the building. He pointed out that the area where }~. Skirving intends to put his building is all fill material and he didn't think it is proper footing for a commercial property. He stated he is very much opposed to the rezone for these reasons. Merschel Brooks., owner of Filippi's Pizza Parlor Building, stated he was in protest to the rezone because he has attempted twice to rezone his property and each time was denied the rezone. Mr. Brooks stated he didn't feel Mr. Skirving's property should be zoned for business until his pro- ~erty is zoned for business. Commissioner Schoneman asked Mr. Brooks if he appealed the decision of the Planning Commission to deny his requests for rezone, and Mr. Brooks stated he did not. Mr. gchoneman also commented that it must have been ab6ut seven or e~ght years ago he applied for rezone. There was a discussion concerning the adjacent properties to the west and it was brought out that the Liner property located between the pizza parlor and the IGA Market area is resident- ial and that the Brooks business ins a non-conforming use; that after Brook's property there is a residence and then there is the Skit"zing property. Dale Tennyson, 913 Weslon Place, owning property below and north of Mr. Skirving's property, stated he was very opposed to the rezone, that he is a builder in Bremerton and feels this would be a terrible waste of the land. He stated he was also very concerned about water drainage and storm sewer line which is carrying all the velocity it possibly can at the present time. He stated he has a big cliff in his backyard (directly below Mr. Skirving's property) and he is hav- ing trouble holding the bank now and if Mr. Skirving puts more fill material in, it will make the cliff steeper yet. In Mr. Tennyson's opinion this land should be used for a fourplex or maybe two fourplexes With a daylight basement type thing that would not require alot of fill. Mayor Jarstad discussed the protection of the property below. Commissioner Schoneman stated that the possibility of using fill for developing this property is out of the question and Mr. Skirving would have to use solid concrete walls which would dam off any flow down to the Tennyson property, which could be an asset to Mr. Tennyson. }~. Schoneman also explained that if the storm sewer line is inadequate at the present time, Mr. Skirving would not be allowed to use it. Jack Connor, 918 Weslon Place, pointed out his property on area map and other residential areas, pointing out it is view property and that on the Comprehensive Plan the area was not recommended for business. He stated bought there with the idea it was residential and would remain residen- tial and he showed where the property next to the rezone area was residential and questioned whether a business could go ~nto an area that was zoned R-1. Mr. Courior stated that this would be strictly spot zoning and he was opposed to the application. He also questioned whether this rezone, if granted, would restrict the type of business operation to a real estate office. He concluded in saying he had fought off a service station adjacent to his property. Commissioner Schoneman explained to Mr. Connor that if this property was rezoned for a real estate office the covenant would be placed on the property for this exclusive use only. Fred S. Hadlock, 909 Weslon Place, owner of property adjacent to Mr. Skirving, stated he has two houses that abut ~. Skirving's property on the same side of the street across from Mr. Connor. He sated he would like to see the property remain residential, that he has gone to great expense and worked extremely hard to develop the property the way it is, and didn't want to acrifice eighteen years of hard work. Mr. Hadlock stated that he formerly owned Ace Vacuum Cleaners and he was told by a real estate agent that property on the corner of Weslon Place and Kitsap Way was zoned co~ercial; however, he discovered later this was not true when he tried to establish this vacuum business on Weslon Place. He stated that he was opposed by property o~ners for this action and that people at City Hall said it would be spot zoning. Mr. ]~dlock pointed out his property on the area map for Commissioner Clark. }~ward Wilcox, 919 Weslon Place and owner of 917 Weslon Place, stated that if a bulkhead was put in by Mr. Skirving it would be in his view from the west; that he felt a real estate office would not be an addition to the neighborhood at all and would be no advantage. Mr. Skirving stated he was pointing to the future and the area was predominantly business; that he realizes no matter what he builds there, he will have to have bulkheads; and that his real estate office is a much smaller building than a duplex or fourplex. He explained he has no approach through Weslon Place and doesn't feel he is in the area. He also stated it would be a traffic problem with children if it was a house or duplex; that it has too much traffic for residential purposes. He stated he was sure that if he was allowed to progress in an orderly manner which is the highest, best use for the area, everybody will be satisfied like they have been in the past. Mayor Jarstad suggested that the decision be delayed so the commissioners may have an opportunity to review the property. Motion by Mayor Jarstad and Cu,,,,issioner..Schoneman to make a decision two weeks from today on April 26, 1972, carried unanimously. Commissioner Schoneman left the meeting at 11:33 A.M. COUNCIL MEETING MINUTES - APRIL 12, 1972 (Continued) Motion by Mayor Jarstad and Commissioner Clark that bids be opene~ in order scheduled on agenda, carried unanimously. BID OPENINGS LEDGER TRAYS AND STANDS - Clerk opened only bid from National Cash Register Company with a total bid of $1,517.01. Cashiers Cheek enclosed for $50. Motion by Commissioner Clark and Mayor Jarstad to award bid to only bidder, National Cash Register Company, carried unanimously. UAB TREES - Clerk opened only bid from George Yamamoto with ~ total bid of $832. Manager's check for $50 enclosed. Motion by Mayor Jarstad and Commissioner Clark to award bid to George Yamaoto, only bidder, carried unanimously. ROGERS STREET SANITARY SEWER - Clerk opened bid from Renton Concrete Products with a total bid amour of $3,341.74. Bid bond enclosed for $50. Motion by Mayor Jarstad and Commissioner Clark that bids be referred to proper committee for study tncludtn~ the City Engineer for award next council meeting, carried unanimously. REPORTS (Continued) Mayor Jarstad: 1. As a member of the Air Pollution Board, he will be attending an air pollution meeting today and expects a decision to be made on outdoor burning laws. 2. Received letter from the governor in which he states he has appreciated Mayor Jarstad's ser- vices and hopes he will continue serving as a member of the State Co~ittee on Law and Justice; this letter is a formal notice of re-appointment as a member of the State Committee on Law and the Mayor stated he was certainly pleased to accept because this is a very important committee and more and more of our improvements that we make in our law andJustice system are federal funded. 3. Presented fire and police reports which are on file in the City Clerk's OffiCe. Meeting ~dJourned 12:50 P.M. APPROVED: O; C. Y~A~)N, SR., City Clerk ~GLENN K. JARS~./Ma~or