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HomeMy WebLinkAbout07/12/72 MINUTES OF THE CITY COUNCIL JULY 12, 1972 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers of City llall at 9:00 A.M., PDST, Wednesday, July 12, 1972. Attending were: ~ayor Jarstad presiding, Commissioner Clark, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Gary Sexton, Eddie Adams, and representative of the press. bleeting opened with the Pledge of Allegiance and Invocation by G. C. Yeadon, ~. MINUTES OF JULY 5~ 1972 The Minutes of July 5, 1972, were read and approved as amended~ NOTICES OF Eb~LOYMENT Dean J. Loften, Part-time Playleader, Parks Department , $3.05 hr., July 10, 1972. Paula Lohnin~, Extra Help, Treasurer's Office, $2.33 hr., July 10, 1972. ~[otion by Mayor Jarstad and Commissioner Clark to approve the employments, carried unanimously. LICENSE APPLICATIONS Taxicab Driver License, Thomis Edward St. Clair, Approved by Chief of Police. Dancing License (For Dance Floor in Cocktail Lounge), Hearthstone Restaurant, approved by the Chief of Police. Motion by Commissioner Schoneman and Commissioner Clark to approve the license applications, carried unanimously. CLAIM FOR DAMAGES Clerk presented Claim For Damages from Robert A. Bevis in the total amount of $275.00; which has been referred to the Insurance Company. NOTICE OF MEETING - UAB Clerk presented Notice of Meeting of Urban Arterial Board beginning at 9:30 a.m., Thursday, July 20, 1972. BID AWARD - L.I.D. #311 Clerk read memo dated July 10, 1972, from City Engineer to Council, which stated bids for LID #311 (Phinney Bay) have been reviewed; and recommended that the contract be awarded to the low bidder, Coulee Construction Company. Motion by Commissioner Schoneman and Commissioner Clark to award contract to Coulee Construction Company, carried unanimously. LETTER - Re: Mr. Soriano~ Plannin~ Commission Member Clerk read letter dated June 28, 1972, from Ronald R. Ross to City Council, which stated Mr. Soriano should be permanently removed immediately from his position on the Planning Commission because of his wide spectrum of investments in commercial property through Bremerton due to the recent State Supreme Court decision in the case of Buell vs. City of Bremerton; that any decisions made while any such "improper" member is serving, may be Just cause for legal action. Mr. Ross also stated in his letter that Mr. Soriano has never acted unfairly on any matters he (Mr. Ross) brought before the Planning Co~mission; that he has served very efficiently, and should be commended highly for his long effort in this difficult and thankless position. b~tion by Mayor Jarstad and Commissioner Clark that this letter be referred to the City Attorney for a Judgement on the matter. Under discussion: The Commissioners discussed this Supreme Court Judgement and the fine and excellent faith of the Plaaning Commission members. Eddie Adams con- curred with the Council and stated he could not see how an opinion or recommendation, which is all the Planning Commission submits, could be taken to ~ourt. Carried unanimously. CITY JAIL REPORT Clerk read letter dated June 28, 1972, from Jail Inspector to Council; and presented Jail report for Bremerton City Jail. This report is on file in the City Clerk's Office. (From the Department of Social and Health Services) CASCADE NATURAL GAS - RENEWAL OF CONTRACT Clerk presented Surface Installation Contract between the City of Bremert0n and CAscade Natural Gas for renewal by the Council. Clerk then read memo dated July 11, 1972, from City Engineer to Council, explaining this contract covers the small pressure reducing station site en Werner Road and recommending renewal of the contract; also, stated the Gas Company is interested in purchasing the si~e. Clerk then read memo from City Attorney which stated negotiations should he open and giving approval of the contract. Commissioner Schoneman stated that due to the increased value of the property, it would not be advisable to sell; and he recommended renewal of the Contract. Commissioner Clark suggested using cost-of-living increase factor. Motion by Commissioner Schoneman and Commissioner Clark to approve entering into a lease, but re-negotiating the cost; carried unanimously. COUNCIL MEETING MINUTES - JULY 12, 1972 (Con'd) ORDINANCE - CONIFER (Removal of Restrictions: Lots 17 & 18) Clerk read, first reading, AN ORDINANCE amending Ordinance No. 2891 to provide for a change in the land use restrictions recorded as a part thereto. Motion by Commissioner Schoneman and Commissioner Clark to approve on first reading, carried as follows: Mayor Jarstad, yes; Co~,issioner Clark, yes; Con~nissioner Schoneman, yes. ORDINANCE - CONIFER ~Removal of Restrictions: All of Tract 14) Clerk read, first reading, AN ORDINANCE amending Ordinance No. 2891 to provide for a change in the land use restrictions recorded as a part thereto. Motion by Co~issioner Schoneman and Commissioner Clark to approve on first reading, carried as follows: Mayor Jarstad, yes; Corm~issioner Clark, yes; Commissioner Schoneman, yes. Mayor Jarstad recessed the meeting at 9:59 a.m. Meeting called to order at 10:06 a.m. OPEN MEETING Ronald Ross, Silverdale Realty, requested that a date be set for a decision on his Rezone Application (Hollls Street to Maple Avenue), which has been pending for some time. Mayor Jarstad stated that a proper time for a decision would be two weeks from today; that this would give the City Clerk ample time to notify interested persons. Mr. Ross stated it was very material that this date be delayed only one week; that it has been almost five months since he put in his rezone application. Mayor Jarstad asked City Clerk Yeadon how soon he could notify interested persons; and Mr. Yeadon stated he would send a letter of notification out this afternoon. Motion by Commissioner Clark and Coranissioner Schoneman to set decision date next Wednesday, July 19, 1972, at 10:00 a.m.; carried unanimously. The matter of setback was discussed with the Council; and Asst. City Attorney Sexton stated Mr. Ross spoke with him concerning this matter. Co,~nissioner Clark suggested that a meeting be set up to discuss the matter of setback including ~r. Ross, The Council, Representatives of "Hollis Addition", and member of the Planning Department. Mayor Jarstad also stated the news media should be informed, which the City Clerk agreed to do. Commissioner Schoneman suggested the meeting be held Thursday, July 13, 1972, at 3:00 p.m., in the Mayor's Office; and the Mayor and Commissioner Clark agreed. }{EARING - T~[KATH/SNORELINE MANAG~4ENT ACT Motion by Mayor Jarstad and Commissioner Clark to hold hearing on Shore~ine Management Act for TIMKAT}! Corporation, carried unanimously. Clerk stated he had notified persons within 250 feet of the property, posted the property and advertised in the newspaper at the proper time. Clerk read letter dated June~15, 1972, from Phillip Best, Attorney; stating that the Timkath Application does not fall within the guidelines or the policies or criteria set out in the Seacoast ~anagement Act and therefore should be rejected. Clerk then read letter dated April 10, 1972, to Planning Department, from Phillip Best, Attorney; stating the Timkath Application falls short of meeting the general criteria set out by statute as well as the particular guidelines being developed within the framework of the Act. Clerk read letter dated July 11, 1972, from Acting Asst. Planning Director Helen Tracy to Council; stating that the construction proposed by TIMKATH is a 6,000 sq. ft. commercial building and a 32-unit apartment complex; also, that when rezoned, the restriction of a setback from the shoreline of 60 feet and leaving in the natural trees affords protection to the shoreline and screens the buildings. The letter also stated that no development On nor alteration of the shore- line is proposed; hence there will be no change in the ecological systems or natural resources; that sewage will be pumped to the line on Kttsap Way; and Natural drainage will be collected and piped underground to the Bay; that the Commercial building is not within the 200 foot Jurisdiction of the Act and will be adjacent to other businesses; that the Planning Department feels this application complies with the guidelines of the Shoreline Management Act. Helen Tracy, Acting Asst. Planning Director, showed the property on a zoning map, pointing out R-1 area on the East side of Pershing and pointing out Commercial and B-3 areas; also showing the ELKS property. Mrs. Tracy then showed the Timkath property on a land use map. Mrs. Tracy also pointed out the 200 feet which is under the Jurisdiction of the Shoreline Management Act on another map; and stated there is no evident possibility of pollution to the water. COUNOIL MEETING MINUTES - JULY 12, 1972 PROPONENTS Ralph Erickson, Representing TIHKATH Corporation, stated the commercial-building on Kitsap Way is beyond the 200 foot wetland area covered under the Shoreline Management Act. Mr. Erickson also stated that the site plan submitted will be followed for construction and outlined the following details: The development is 65 feet or more from the water's edge; no dock or piling will be constructed, no bulldozing will be done at the shoreline; parking area for this project will be covered to prevent dirt f~m cars being washed down into the bay, and to prevent reflection of auto windshields and lights into windows of nearby residents and businesses; each parking stall will have a "gravel sump" in order to collect any oil spillage from cars to prevent this oil from bein~ washed into the bay; there will be no eye pollution because all utilities will be undergroun~ and the parking areas will be screened with shrubbery except for the main entrance; no swimming pool or recreation area has been planned in order to eliminate exterior noise; all of the sanitary sewer will be pumped to Kitsap Way; and all exterior lighting will be shaded or recessed and bare bulbs will not be visible across the bay. Mr. Erickson also stated that access to the shoreline will be extremely limited, that the intended use of this project is an adult luxury view-oriented living; it will no way block the public use of Oyster Bay for fishing, boating, swimming or water skiing in the water at any depth; it will be restricted to trails and a vista area. OPPONENTS Mrs. Aaberg, 4100 Kitsap Way, stated she didn't feel the Council is the proper body to hold this hearing and decide on the permit; that they have overturned the decision of the Planning Commission~: and granted the rezone, and would not be so unbiased to refuse the permit. Asst. Attorney Sexton explained it is the obligation of the City Council to hold this hearing by State Law. Commissioner Clark explained to Mrs. Aaberg that the Council did not overturn the decision of ~he Plannin~ Commission; that the Planning Con~ission does not make any type of decision, it makes only a recon~nendation to the City Coundil. Mrs. ~cBride, Oyster Bay Resident, made reference to the Shoreline Management Act which she felt gave priority to single family residences and should be followed to provide protection for surrounding residents. Asst. City Attorney Sexton stated this is found in Section 2 of the Act and explained there are certain uses that are given priority but it doesn't say single family residences shall have priorit over all other uses; that the Act does not direct or mandate single family residential priority. Mrs. McBride referred to another portion of the Shoreline Management Act (which she read at this time) and stated that according to the testimony given today, this developer will not be using the Shoreline and is not dependent on this location for shoreline use; therefore, is in violation of the Act. Asst. City Attorney Sexton expanded on this Section of the Act and explained that the reference made to single family residences having precedence is one of several instances of the types of usage that would be recommended. Charles Ullock, Lower Marine Drive, emphasimed this rszone being a financial benefit to Mr. Erickson; that the land was purchased as R-1 and he was in favor of duplexes rather than this development; complained of parking lots on the bay which cause reflection of'4indshields and bright lights into residences; stated the shoreline should be protected from this type of development which should not be part of the enviror~ent; complained of problems caused by water skiimg; felt there should be a public access to the bay; and commented on the problem of existing storm drains. Commissioner Schoneman stated that any property owner is responsible for his own roof and property drainage, especially when it can not be taken care of by existing storm sewers. Jack Dreaney, South Marine Drive, asked if the developer would be willing to turn this 60 feet to the City, and if it could be used for park type purposes provided for the public; also stated he opposed an apartment development on the bay because of the fear of Oyster Bay turning out to be like Madison Park in Seattle. Corm~isstoner Schoneman stated there are proposed accesses to Oyster Bay that have not been com- pleted. Betty Yuhl, Oyster Bay Resident, stated she didn't feel the Council should rule on the same pro- perty for both the rezone and the shoreline permit. COUNCIL MEETING MINUTES - JULY 12, 1972 (Con'd) Mayor Jarstad stated the rezoning of land is the responsibility of the City Council set up by City Ordinance; that it is also the responsibility of the Council to hold the hearing under Shoreline Management Act by law of the State; and the testimony given today is documented and sent to the proper state agencies for evaluation and review. Co.,nissioner Clark stated the considerations of the Council in rezoning are completely different than the considerations of the Council when granting a shoreline permit. He explained that the Council is determining whether this proposed development is in conflict with the Shoreline Man- agement Act, and is not a question of rezone at all; that because the rezone was granted, it doesn't necessarily mean this permit will be granted under the Act. Commissioner Schoneman commended Mr. Erickson for many ecological precautions he is taking and urged other residents on the bay to follow these same precautions. ~[rs. Aaberg requested that previous rezone hearing records on the Timkath property also be for- warded to the State along with the testimony given today. Asst. City Attorney Sexton questioned whether these previous rezone hearings are relevant to the question of a substatial development permit under the Shoreline }~nagement Act; that if the previous hearings related to zoning and rezoning, the records would be irrelevant and improper to send. ~[ayor Jarstad stated he had no objection to sending these previous hearing records along with the testimony given to-day for the State's review. Ron Cleveland, no address given, expressed his concern in retaining the beauty of the bay and shorejl line; questioned what rights the pemple have under the Shoreline Management Act in opposition to the granting of this permit. Commissioner Schoneman explained that the people are presently exercising their rights by being heard at a public hearing, which testimony is to be weighted by the elected City Council. Asst. City Attorney Sexton explained that the State actually grants the permit, and explained this procedure. Harry Gundlach, Lower Marine Drive, stated he opposed this multiple-unit proposed development and did not feel it contributed to living conditions in the area and on the bay; coranented on financial benefit to be gained by Timkath Corporation; stated that if this cormmercial development continues on the bay, other residents will be forced to commercial development due to financial obligation, and this must be stopped and the bay must be preserved for single family residences which is the best use of the land. Commissioner Clark stated the property under its present zoning would not have to be used for single family residences; that duplexes would be allowed under the present zoning with only a building permit. Tbe revising of present zoning laws was discussed with commissioners, and the density of duplexes which would be allowed at the present time. Sheila Ullock, Lower Marine Drive, stated she was very opposed to the proposed development; com- plained of erosion caused by water skiing; commented on traffic problems; commented on eye pollution and noise pollution; complained that this development would increase usage of the bay and she already suffers many trespassers on her property; and stated she would be in favor of duplexes on the bay rather than this multiple-unit development. Motion by Commissioner Schoneman and CommisSioner Clark to close hearing and testimony be documented, land permit be granted. Under discussion: Commissioner Clark expressed his appreciation for the con- ~icern of Oyster Bay residents and explained that this is definitely not the beginning of a trend for l;commercial development on Oyster Bay. Mr. Clark also stated that this application does fit well iiwit~in the confines of the Shoreline Management Act. Mayor Jarstad discussed the importance of ~ rights which are provided and exercised by citizens; and commended Oyster Bay residents for their '.presentation. Co,m~issioner Schoneman commented he was very impressed with residents of Oyster Bay 'and appreciated their concern. Carried unanimously. !iMotion by Mayor Jarstad and Commissioner Clark that all documents that have been recorded in previous iimeetin~s dealing with the rezone of this property and the rezone petition also be made available to i!the State and sent along with the transcript of the Shoreline Management Hearing, carried unanimously b[otion by Mayor Jarstad and Commissioner Schoneman to open bids for fuel oil contract, carried unani- !:Clerk opened the following bids: COUNCIL ~ETING CON'D - JULY 12, 1972 Lofthus Oil Company, Certified Cheek enclosed, PS 200/.164; PS 300/.136. Bremerton ()il, Certified Check enclosed, PS 200/.169; PS 300/.137; PS 200 mixed with PS 300/.169. Dane Distributing, Cashier's Check enclosed, PS 100/.16; PS 200/.1375; Kerosene/.283. The above listed oil companies are all located in the City of Bremerton. Motion by Mayor Jarstad and Commissioner Clark that bid be referred to proper committee for study and award be made at next Council Meeting, carried unanimously. Motion by Mayor Jarstad and Commissioner Clark to open bids for Asphalt Materials, carried unanimous Clerk read the only bid: North Kitsap Gravel & Asphalt Company, Poulsbo, Bid Bond enclosed, $128,441.25. Motion by Commissioner Schoneman and Commissioner Clark to accept the bid and award the contract to North Kitsap Gravel & Asphalt Company. Under discussion: Commissioner Schoneman explained this is the City's only source of supply; that the other dealer in this area does not meet state specifi-!i cations and does not bid. Carried unanimously. PORT WASHINGTON NA~dROWS - SANITARY SEWER IMPROVEMENT (LID - 313~314) Clerk read letter dated July 12, 1972, from Howard N. Godat (Consulting Engineer) recommending that all bids be rejected for above-mentioned sewer project and that a new bid call be authorized for early January of 1973; Mr. Gedat further recommended that the projects be separated into two schedules, an east side and a west side, because of bonding capacity of some contractors. Motion by Commissioner Schoneman and Commissioner Clark to accept the recommendations of Howard Godat. Under discussion: Commissioner Schoneman explained that it was felt that by combining the Phinney Bay and Port Washington Narrows Projects into one project more and better bids would be received, and since only two bids were received, this delay is in order; also, because they were well over engineer's estimate. Commissioner Schoneman also stated that more bids will probably be received in 1973, because at the present time most contractors are involved with their 1972 proJects~ Commissioner Clark questioned if at this time construction would have allowed due to the tide situ- ation. Commissioner Schoneman explained that an addemdum is included in the bid call stating that in the event tides would not allow construction on the beach, it would be carried over to the following year. Carried unanimously. BID WAIVER - PUMP FOR MEMORIAL POOL Clerk read memo dated July 11, 1972, from Andrew Pendergast to himself, stating it would be appre- ciated if the Council would waive bid calls on this item in the interest of keeping the Memorial Swimming Pool in operation; and authorize the purchase for a new circulating pump; also, that this ptm~p can be purchased locally for approximately $750 and that the pump is a duplication of the original equipment and will fit our 15 h.p. driving motor without any difficulties, and is com- patible with present equipment and would be installed without any modificat~ons. Motion by Mayor Jarstad and Commissioner Clark to concur with the recommendation of Mr. Pendergast, and authorize purchase of circulating pump; carried unanimously. LETTER - ASSOCIATION OF WASHINGTON CITIES Clerk read letter dated July 3, 1972, from Chester Biesen, Retired Executive Director of Association of Washington Cities to Fred S. Schoneman; giving notice that the Board of Directors at its recent meeting in Seattle took action to reappoint Fred Schoneman to fill the vacancy now existing on the State Advisory Nursing Home Council. Commissioner Schoneman stated he has written accepting this reappointment. ROGERS STREET - FRANCHISE APPLICATION Clerk read memo dated July 3, 1972, from City Engineer to Council presenting application for fran- chise to construct a sanitary sewer along Rogers Street in Kitsap County for Mayor Jarstad's signa- ture for submission to the Board of County Commissioners. Motion by Commissioner Schoneman and Commissioner Clark to accept the franchise and that the Mayor be authorized to sign, carried unanimously. CHANGE ORDER - LID #312 Clerk read letter dated July 10, 1972, from Engineer to Council, presenting Change Order No. 2 for LID #312 (Kitsap Lake Business District) explaining that Item #1 on the change order is for a sub- stant~al increase in the quantity of water used for water settling due to the dry weather; and ex- plaining that Item #2 on the change order is for the replacement and relocation of a catch basin along Kitsap Way in the area where the new sanitary sewer serves the business district, which is a favorable price for this work. Clerk then presented subject Change Order No. 2 to Tonnesen Brothers Construction with Item #1 totaling an increase of $5,800; and Item #2 totaling an increase of $100. Motion by Commissioner Schoneman and Commissioner Clark to approve the change order, carried unani- mously. STATE FUNDS - KITSAP LAKE WATER SYST~! IMPROVEMENTS Clerk read letter dated July 11, 1972, from State Program Coordinator Bob Theroux to Council, stating a written offer of financial aid has been received from the Washington State Economic Assistance Authority for purposes of financially assisting the construction of Kitsap Lake water system improvements; that this offer is to be signed and returned to the Economic Assistance Author- ity. This letter also set forth certain conditions for the City of Bremerton.to comply with, and requested the City Council to take whatever measures are necessary. !iCOUNCIL MEETING MINUTES - JULY 12, 1972 (Con'd) I!~{otion by Commissioner Clark and Commissioner Schoneman to approve the signing and forwarding of all !ithe necessary criteria for proceeding with the grant. Under discussion: Commissioner Clark com- ipltmented Mr. Theroux on his many accomplishments and stated Mr. Theroux is a great asset to the City :Commissioner Clark also complimented the City License Inspector, Gerald Wheeler, for the accomplishme i!he has made for the City in relation to his position. City Clerk Yeadon also commented that these iitwo persons have been doing an excellent job in aiding the City's financial condition. Carried unani 'mously. I~PAY BILLS I. Motion by Commissioner Clark and Mayor Jarstad to pay all bills that have been approved by a major- ity of the Commission, carried unanimously. ~REPORTS .iCommissioner Clark: il. Reported on the BEARD GROWING CONTEST which is two weeks underway, and urged all to participate. ,~ilStated there are six weeks left to participate which is ample time to grow a heard. !:Commissioner Schoneman: ii1. Expressed sincere sympathy at the death of Mr. Kerstetter caused by a drowning accident Sunday i!and asked the Council to Join him in honoring this man. The Commissioners agreed on the fine ilcharacter of Mr. Kerstetter and expressed their regret. ?:.lotion by Mayor Jarstad and Commissioner Schoneman to send a letter to his family expressing great . sympathy, carried unanimously. I'2. Congratulated Francis Morgan for having Olympic Center Children's Wing named after her; and state( ihe felt this is very proper, and thanked her for all of the hard work she contributed to the Olympic Center. !;3. Represented City at Klondike Festival which was very enjoyable; and accepted plaque for the City !]of Bremerton, which he presented to the Mayor at this time. i!4. Paving Naval Avenue today and hope to have this completed; traffic is being maintained thanks !ito the Police Officers on the Job. 5. Met with Mr. Nichols of the Toll Bridge Authority to discuss removal of the toll booths and he wi ibe writing to the ~yor to request a meeting to be set up with the Council to review the entire iprogram of removing the tolls. 16. Met with Commissioner Parker of the Highway Commission and went over all the State highway arterials within the City and appreciated this meeting. 1.7. Disappointed at the loss of Globe Locust tree on Callow Avenue which has been replaced by the Park Department. 8. Water Distribution crews dug test holes on 15th St. and Trenton Avenue for UAB Projects. ~[ayor Jarstad: i1. Stated in order to replace Nick Garguile's position on the Planning Commission h~ would make ilthe following motion: !iMotion by Mayor Jarstad and Co~issioner Schoneman to appoint Field A. Ryan to the Planning Com- ilmission. Mayor 3arstad commented on Mr. Ryan's fine qualifications and stated he is respected by ithe citizens of the City of Bremerton for the type of person he is; also, stated Mr. Ryan has been .,acting as liaison between the Planning Commission and the School District of which he is business .manager. The mayor discussed further Mr. Ryan's background resume; and the other Commissioners con- [curred on his fine character and excellent qualifications. Carried unanimously. 12. Stated the Council has deliberated over the years the size of the Planning Commission, and it was agreed that this Commission should be increased by one person. !~tion by Mayor 3arstad and Commissioner Schoneman that instructions be given to the City Attorney ilto prepare the necessary amendment to ordinance to enlarge the Planning Commission by one Co~nission ~member, carried unanimously. .13. Presented Police and Fire Reports for the month of June, which are on file in the City Clerk's Office. Meeting adjourned at 12:46 P.M. APPROVED: ;G. C. Y~ON, SR., City Clerk --