HomeMy WebLinkAbout05/31/72 MINUTES OF THE CITY COUNCIL
MAY 31, 1972
The regular meeting of the City Council of the City of Bremerton, Washington, was held in the
Council Chambers of City Hall at 9:00 a.m., PDST, Wednesday, May 31, 1972. Attending were:
Mayor Jarstad presiding, Commissioner Clark, Commissioner Schoneman, City Clerk Yeadon, City
Attorney Walgren, Asst. City Attorney K~nps, Eddie Adams, and representatives of the press and
radio.
Meeting opened with the Pledge of Allegiance and Invocation by Rev. Dobson, Evangel Temple.
MINUTES OF MAY 24~ 1972
The Minutes of May 24, 1972, were read and approved as amended.
SEPARATIONS
Wilbert Johnson, Counselor-Aide, Council on Alcoholism, Resigned, May 1, 1972.
Clarence Trudeau, Counselor-Aide, Council on Alcoholism, Resigned, May 2, 1972.
Lorrie Dickerson, Clerk-Typist, Council on Alcoholism, Resi~ed, April 7, 1972.
Richard L. Anderson, Extra Labor, Parks and Recreation, End Temp. Emp., June 1, 1972.
Motion by Commissioner Clark and Commissioner Schon~an to approve the separations, carried
unanimously.
NOTICES OF EMPLOYMENT
Jerri Wilson, Lifeguard, Parks and Recreation, $2.20 hr., June 5, 197~.
John Thatcher, Lifeguard, Parks and Recreation, $2.20 hr., June 5, 1972.
Peggy Otto, Lifeguard, Parks and Recreation, $2.20 hr. , June 5, 1972.
James Fry, Supervisor of Swim Pool, Parks and Recreation, $3.17 hr., June 5, 1972.
Kristine Ogg, Cashier - Swim Pool, Parks and Recreation, $2.22 hr., June 5, 1972.
Gary Mull, Extra Labor, Parks and Recreation, $2.10 hr., June 1, 1972.
Russell Clodius, Extra Labor, Parks and Recreation, $2.00 hr., June 1, 1972.
Arvilla Ohlde, Playfield Supervisor - Sr. Citizen Rec. Leader, $3.05 hr., June 5, 1972.
Lynn Stokesbary, Part-time Playleader, Parks and Recreation, $1.95 hr., June 12, 1972.
James Stuart, Playground Coordinator, Parks and Recreation, $2.40 hr., June 1, 1972.
Bruce Larson, Part-time Playleader, Parks and Recreation, $2.15 hr., June 12, 1972.
Kristi Norris, Part-time Playleader, Parks and Recreation, $2.05 hr., June 12, 1972.
Marsha Kephart, Part-time Playleader, Parks and Recreation, $2.05 hr., June 12, 1972.
John Redenbaugh, Part-time Playleader, Parks and Recreation, $2.25 hr., June 12, 1972.
Kathryn Clinton, Part-time Playleader, Parks and Recreation, $2.05 hr., June 12, 1972.
Greg C. Lewis, Part-time Playleader, Parks and Recreation, $1.75 hr., June 12, 1972.
Marsha Bright, Part-time Playleader, Parks and Recreation, $2.25 hr., June 12, 1972.
Kathy Bell, Part-time Playleader, Parks and Recreation, $1.95 hr., June 12, 1972.
Steven Moon, Extra Labor, Parks and Recreation, $2.10 hr. , June 1, 1972.
Neal Gresley, Maint. Man - Memorial Pool, Parks and Recreation, $2.10 hr., June 5, 1972.
Nancy Holtz, Lifeguard, Parks and Recreation, $2.00 hr., June 5, 1972.
Larry Greene, Part-time Playleader, Parks and Recreation, $2.05 hr., June 12, 1972.
Jack Floyd, Extra Labor, Street Department, $2.25 hr., May 30, 1972.
Motion by Commissioner Schoneman and Mayor Jarstad to approve the employments, carried unanimously.
CHANGES IN PAY STATUS
William Edwards, Helper to Equip. Operator, Street Dept., $3.75 to $3.82 hr., June 4, 1972.
Richard Montague, Helper to Equip. Operator, Street Dept., $3.75 to $3.82 hr. June 4, 1972.
City Clerk presented letter from Civil Service Examiner certifying that these two Street Dept.
employees have met all Civil Service requirement for promotion to Equipment Operators.
Donald Lay, Part-time Playleader, Parks and Recreation, $1.85 to $1.95, June 12, 1972.
James Spencer, Part-time Playleader, Parks and Recreation, $1.75 to $1.84, June 12, 1972.
Pamela Calnan, Part-time Playleader, Parks and REcreation, $3.05 to $2.05, June 12, 1972.
Motion by Co,,.,~issioner Schonsman and Commissioner Clark to approve the changes in pay status,
carried unanimously.
PAYROLL VOUCHER
Clerk presented payroll voucher for the~y period ending Hay 20, 1972, in the total amount of
$130,876.67, audited by Harold Fitzwater and approved by Commissioner Clark.
Motion by Commissioner Clark and Mayor Jarstad to approve payroll voucher, carried unanimously.
CLAIM VOUCHER
Clerk presented Claim Voucher from Del Guzzi, Inc., for work on Washington Avenue from Sixth to
Bridge, in the total amount of ~27,083.58 (retained percentage).
Motion by Commissioner Clark and Mayor Jarstad to approve the voucher for payment subject to
review by the City Attorney's Office for any necessary releases, carried unanimously.
COUNCIL MEETING MINUTES - MAY 31, 1972 (Continued)
LID 311 and Bremerton v. Allen
Clerk read memo dated May 30, 1972, from Assistant City Attorney to himself requesting that a
$3,200.00 check be issued to Charles M. Allen and Tressie Allen and Attorney Wm. R. Garland
stating the property was sold by Allens without a trial for the appraised price of $3,000.00
plus statutory costs chargeable to condemning city of $200.00; Clerk also presented
Voucher for this amount.
Motion by Co~r~iasioner Clark and Commissioner Schoneman to approve claim voucher in the amount
of $3,200.00, carried unanimously.
KITSAP COUNTY BOUNDARY REVIEW BOARD {Eldorado Water District Annexation)
Clerk read letter dated May 24, 1972, from Kitaap County Boundary Review. Board to Council
asking if the Council demands that the Boundary Review Board take Jurisdiction and a public
hearing be held on the merits of proposed annexation into Eldorado Water District; also pre-
sented description of property to be annexed.
Motion by Comissioner Schoneman and Comissioner Clark that City Council take no action; that
the City has no concern with this annexation~ carried unanimously.
BREMERTON SUN - COPY DEADLINE
Clerk presented Notice of Change in Copy Deadline for legal notices in the Bremerton Sun which
stated all copy for publication is to be in the business office three days prior to the first
publication due to a new method of printing called photo composition.
LETTER - Kramer~ Chin & Mayo {Sludse Incinerator)
Clerk read letter dated April 6, 1972, from Paul B. Liao, Ph.D.P.E. - Kramer Chin & Mayo ~ to
Council expressing kia appreciation for the Council's assistance in the development of the
pilot plant sludge incinerator installation. City Clerk also presented an enclosed copy of
Mr. Liao's Ph.D. dissertation entitled "Design Method for Fluidized Bed Sewage Sludge Incinerator"
Commissioner Schonaman stated this incinerator is Mr. Lfao's own invention and it burns sludge
with no smoke or odor; also stated a pilot plant is being installed in City's No. 2 Treatment
Plant that will eventually materialize ihto a large unit that could accomodate the entire Kitsap
County area when other treatment plants are constructed.
Mayor Jarstad recessed the meeting at 10:00 a.m.
Meeting called to order at 10:05 a.m.
OPEN MEETING
Eddie Adams questioned the intent of letter read in previous Council Meeting which requested
a bicycle path in Bromerton because the woman making the request lived in Tracyton. Commissioner
Schoneman stated this person was most likely requesting certain streets be designated as a bic-
ycle path when coming from Tracyton into the City.
Mr. Adams discussed the problem of protruding signs on Sixth Street and questioned whether
this is a State highway and what the restrictions are. Commissioner Schoneman stated Sixth
Street is a designated State Highway and State Jurisdiction is only w/thin the curb of the
street; but the business~do have to meet certain City requirements.
City Attorney Walgren left meeting and Asst. City Attorney Kamps was present.
Mr. Adams complimented the Senior Citizen Program and stated he believed federal financing
for this will discontinue in about another year; and that he felt it should be considered
in the City Budget for next year.
Mr. Adams questioned the Council as to whether "Hitch-Hiking" has to be legalized in the City
of Beemerton even though it is a State law; and this was discussed with the City Attorney who
stated he understood that there was a local option to this.
John 3ohnston, 9008 Edgewater Drive, Tacoma, stated he is operating a miRiature golf course at
the Merit Mart and that the City license required for this purpose should be pro-rated and is
not. City Clerk stated he could see no reason for this license not to be pro-rated and that
it is a recreational activity; and suggested that an amendment could be made to the ordinance.
Motion by Mayor 3arstad and Comissioner Clark to hold discussion on Crawford-Marler rezone
application, carried unanimously.
CRAWFORD/MARLER REZONE HEARING{Discussion)
Clerk stated he had puhlished notice of hearing and sent notices to property owners within
250 feet; also stated on October 20, 1971, the Council held a formal hearing on the application
for rezone and passed a motion to defer the decision for further study; that the matter is before
the City Council today for discussion and for a possible decision on the application.
Helen Tracy showed the area on a land use map, stating property to the north is R-1 and unused
at present; cemetery to the west of subject property is under County zone Business-General;
cemetery to the south is operating under special use permit with the exception of their
funeral chapel which is zoned B-2; also pointed out five residences adJoinging subject pro-
perty on the east. On zoning map Mrs. Tracy pointed out B-3 property to the south of sub-
Ject property and a corner abutting subject property which is also B-3, and R-1 areas to the
COUNCIL MEETING MINUTES - MAY 31, 1972 (Continued)
Helen Tracy (Continued)
north and east. Mrs. Tracy then presented plan for the subject property which the Planning
Department drew up showing proposed land-uso restrictions and pointed out two lots in the
aroa also owned by applicant that are not to be included in the rezone. Mrs. Tracy dis-
cussed the slope of the property and explained the subject property is at a higher grade
than the surrounding residential property and that the applicant has agreed to control possible
erosion by removing fill in back of lots or by building a retaining wall; also stated it is
agreeable with the owner to have a screening ten feet wide to protect this adjoining resi-
dential property. Mrs. Tracy con~nented the Department has made up restrictions for this pro-
perty as requested. (Presented later in meeting)
PROPONENTS
James Monroe, Attorney representing Crawford & Marler, stated proper screening will be put in
to protect adjoining residential area; that the area is best suited for a B-3 zone and is no
longer suited to R-1 zoning; and that subject property was previously zoned Commercial by the
County when adjoining residences were built.
Commissioner Clark asked Mr. Monroe why the site plan shows screening omitted on northeast end
of the subject property and Mr. Crawford stated this area has natural screening.
Helen Tracy presented land-use restrictions suggested by the Planning Department regarding
proper drainage, proper screening, certain prohibited uses (taverns, theaters and other
forms of recreation that could be a nuisance to residents of adjoining property), and con-
trolling of fill with a retaining wall. Resorting in this manner is recommended by the Planning
Department.
Mr. Crawford objected to water draining onto his property and stated this should be corrected.
OPPONENTS
William Burchfield, 5681 Kitsap Way, stated this entire area has been R-1 since about 1950;
that there has been very little control of fill and landscaping; stated this land should re-
main R-1 and he doesn't feel the city has the right to put certain restrictions on the rezone
application; and stated this would be spot zoning in a residential area.
ll~eold ihro¥, 1305 Crawford Drive, commented on the water drainage problem presently in the area,
especially during heavy rains.
Merlin Frohardt, 1323 Crawford Drive, commented on the water problem and stated this should be
looked into; also cemmented on the problem of erosion in this area, Mr. Frohardt stated resi-
dents on the opposite side of subject project would have their view impaired. He comanented
that the subject property is listed for sale which makes this a speculated rezone; that the
property will sell at a higher rate if zoned for business. Mr. Frohardt read a letter from
Lloyd P. Kerry and Associates, Planning Consultants in Olympia, to himself suggesting that
the commercial rezone be denied and R-2 zoning permitting apartment uses be considered
when sanitary sewer service can be provided and when the proposed use can be evaluated by
the Planning Commission as an acceptable modification of the comprehensive plan. Mr. Frohardt
stated the five residences adjoining subject property on the east have FHA loans and he dis-
agreed with Mr. Monroe that the houses would have been built on coa,ercially zoned property.
He discussed spot zoning and gave Judge Bryan's interpretation of spot zoning; and strongly
urged the Council not to approve this application for business, but for l-2 uses.
Mr. Monroe co,-,~ented that the water drainage in the area is going to be a problem regardless
what the property is zoned; that this is not spot zoning, but the best suited use for the
property; and that adjoining residences are getting a buffer zone they would not be entitled
to if the property was zoned R-1 or R-2. Mr. Monroe explained that his earlier statement
regarding former col~.',tercial zone of the area had been misinterpreted; that he did not state
the residences adjoining subject property on the east were built on commercially zoned property,
that he stated the subject property was zoned co~ercial at the time these residences were built.
Mr. Burchfield emphasized the drainage problem and the problem of bulldozing on Kitsap Way;
also stated he asked the Council many timeswhat the Kitsap l~ay right-of-way is, and has not
been able to get an answer.
Mr. Frohardt stated there has been a tremendous water problem on Kitsap Way since this bull-
dozing has been permitted.
C~,u~issioner Schoneman stated that the City does know the Kitsap Way right-of-way; that many
hearings on a vacation of this portion of land on Kitsap Way have been held because it was
surplus to the City's needs. Co,,~issioner Schoneman explained further that there was a request
for thirty feet and the City allowed twenty feet to be surplus without return of money to
the City.
Mr. Frohardt questioned whether Mr. Crawford and Mr. Narler were willing to accept this plan
prepared by the Planning Department; and Mr. Honroe stated they were willing to accept this
plan.
COUNCIL MEETING MINUTES - MAY 31, 1972 (Continued)
The Mayor and C~issioner Clark discussed the problems presented (one item concerning manu-
facturing was stricken from Planning Department's recommended restrictions because manufacturing
would be permitted in this zone anyway.)
Motion by Cu.mdssioner Clark to approve the rezone subject to the restrictions and covenants on
the land recommended bythe Planning Department. Seconded by C~,a~isaioner Schoneman. Under
discussion: Cv~,issioner Schoneman commented that the Council will see to it that the cove-
nants and restrictions are adhered to and that the land will be developed so that the drainage
will be properly taken care of. Mayor Jarstad stated covenants and restrictions are proper in
this case for the protection of adjoining residences. Commissioner Clark stated this action
reaches as fairly as possible the pr~viding of reasonable protection to the abutting resi-
dences and also recognizes the right of the property owner to have a reasonable use of the
land. Carried unanimously.
Mr. Frohardt stated he was very opposed to these land-use reatrictions and he didn't feel
they were fair at all to the applicant; that properties should not be zoned with these
restrictions.
Commissioner Clark stated he does oppose the indiscriminate use of land-use restrictions;
but he recognizes that land-use restrictions are entirely appropriate for this rezone for
the protection of abutting residences.
Marion carried unanimously.
Motion by Mayor Jaratad and Commissioner Clark to hold bid openings for Phinney Bay Sanitary
Sewer Project, LID #311, carried unanimously.
BID OPENING - PHINNEY BAY SANITARY SEWER PROJECTI LID 311
J. D. Dutton, Inc., Olympia, Bid Bond enclosed .................................. $ 413,503.00
DYAD Construction, Inc., Bellevue, Bid Bond enclosed ............................ 513,299.39
Select Contractora, Seattle, Bid Bend enclosed .................................. 447,537.50
The above listed figures are without sales tax.
Motion by Commissioner Schoneman and Mayor Jarstad that bids be tabulated by the City Engineer
to award at next Council Meeting, carried unanimously.
A~REEMENT - POPE & TALBOT (Watershed Land--Observation & Protection)
Clerk read memo dated May 31, 1972, from City Attorney to Council , recommending paragraph
five (5) on page two be eliminated from the proposed agreement because the City assumes too
great a responsibility for damage to the property from fire, etc. City Attorney Walgren stated
this paragraph should be taken out, and if the co~p~ny will not agree to the removal further
negotiation should be had to at least modify the provisions Of paragraph five (5). The
Commissioners decided to withhold acceptance of the agreement and discuss the matter with
Pope & Talbot.
15th STREET IMPROVEMENT
Clerk read memo dated May 30, 1972, from City Engineer to Commissioner Schoneman, stating
the Engineering Office is in receipt of a right-of-way map and description of about 45
separate parcels of property required for the 15th Street Improvement between Naval Avenue
and Lafayette Avenue; also suggested that an appraiser be retained by the City to appraise
these property "takes" and easements.
Motion by Comiasioner Schoneman and Commissioner Clark that Jenks Beard be authorized to
appraise the property for UAB project, carrie~ unanimously.
PERMIT TO USE STATE HIGHWAY PROPERTY (LID 314--Port Wash~-~ton Narrows)
Clerk read memo dated May 30, 1972, from Asst. City Engineer to Council, stating one,pump
station and aasociated piping for LID 314 is to be located on State Highway property; and
requested Mayor Jarstad's signature on six attached copies of "Application for Permit" to
use State Highway Property; also noted a fee of $3~.00iis required.
Motion by Mayor Jarstad and Comissioner Schoneman that the Mayor be authorized to sign and
seed in the Application, carried unanimously.
FINANCIAL CONSULTANT CONTRACT
Clerk read memo dated May 31, 1972, from City Attorney to Council, stating the Contract For
Financial Advisory Services between the City and Mr. Yeasting is approved as to form, and
appears reasonable to both parties.
OPTION TO LEASE - AMENDMENT (RCA)
Clerk presented amendment to Lease dated February 18, 1972, to amend paragraph one (1) under
"Terms and Conditions".
Motion by Commissioner Sehoneman and Commissioner Clark to approve the amendment, carried as
follows: Mayor Jarstad - yes, Commissioner Clark - yes, Commissioner Schoneman - yes.
LICENSE APPLICATION - CHANGE IN NAME OF BUSINESS
James W. Robinson, fnr Change in Name of Business from Ray's Tavern to The Pub, approved by
Chief of Police.
Motion by Mayor Jarstad and Commissioner Schoneman to approve license application carried
unanimously.
COUNCIL MEETING MINUTES - MAY 31, 1972 (Continued)
PAY BILLS
Motion by Commissioner Clark and Mayor Jarstad to pay all bills that have been approved by a
majority of the Commission, carried unanimously.
REPORTS:
Commissioner Clark:
1. Discussed the RONALD ROSS REZONE,,which was referred back to the Planning Commission for
further study by Motion in Council Meeting of May 24, 1972. Commissioner Clark stated he
didn't feel this should be sent back to the Planning Commiesion because they had approved it
unanimoualy and because of the lengthy process the application would have to go through before
coming back to Council again. Commiasioner Clark stated he felt the Council's concern is in
reference to the proper transitional zone; and he felt this problem could be solved by the
Council with further consultation with the Planning Department. Commissioner Schoneman con-
curred that the matter should not have been sent back to the Planning Commission; that they
had already given their recommendation and had approved it unanimously, and that the Council
was capable of making the decision on the transitional zone.
Motion by Commissioner Clark and Commissioner Schoneman to reconsider the action of City
Council on May 24, 1972, with reference to the Ronald Ross Rezone being referred back to the
Planning Commission. Under discussion: Mayor Jarstad stated this was referred back to the
Planning Commission for further study regarding a transitional zone and further study of
testimony given by opponents during Council meeting that was not brought out during the
Planning Commission meeting; and also for the Planning Commission's careful consideration
of the Planning Department's recommendation of 200 foot transitional zone. Motion carried
as follows: Mayor Jarstad - no, Commissioner Clark - yes, Commissioner Schoneman - yes.
Motion by Commissioner Clark and Commissioner Schoneman that City Council take the matter
under advisement in consultation with the Planning Department and attempt to agree on a
transitional zone that will reach to the problem of residents and applicant; and the City
Council announce one week in advance at a Council Meeting the time set for a final decision
on the rezone, carried unanimously.
Commissioner Schoneman:
1. Attended Shelton Parade and was very impressed with the fine Job done by East High and
all participants; and was glad to see South Kitsap Drill Team and Band receive honors.
2. Complimented Bremerton Sun on article concerning the lack of passage of school levy
for South Kiteap High School.
3. Reminded all those who have contributed to the Carillon Bell Fund of their invitation
to the Great Northwest Building for the unveiling of the plaque on which names of those
who contributed $500 or more will be inscribed. This will be held June 2, 1972, at 7:30 p.m.;
at which time cake and coffee will be served.
Mayor Jarstad:
1. Will he,attending a Puget Sound Governmental Conference Seminar at Port Ludlow; members
will be attending Thursday evening until Saturday at noon.
2. Nick Garguile's term has expired on the Planning Commission and he has requested that
he not be re-appointed due to his work day not coinciding very well with the Planning
Commission days; but he would like to be considered in the future for other areas of contri-
bution to the City.
3. Continued labor negotiations between the City of Bremerton and Bremerton Firefighter
and Non-Uniformed Employees Unions will continue in his (Mayor's) office on Tuesday, June
6, 1972, at 10:00 a.m.
Meeting adjourned at 12:27 p.m.
APPROVED:
G. C. YES, ON, SR., Cit~ Clerk