HomeMy WebLinkAbout08/23/72 MINUTES OF THE CITY COUNCIL
AUGUST 23, 1972
'the regular meeting of the City Council of the City of Bremarton, Washington, was held in the
Council Chambers of City Hall at 9:00 a.m., PDST, Wednesday, August 23, 1972. Attending were
~fayor Jarstad prediding, Commissioner Clark, Co~mmissioner Schoneman, City Clerk Yeadon , City
Attorney Walgren, Asst. City Attorney Gary Sexton, Eddie Adams, and representatives from the
press and radio.
~[eeting opened with the Pledge of Allegiance and Invocation by Rev. Soule of ~Ianette Co,unity
Church.
~INUTES OF AUGUST 16~ 1972
The ~[inutes of August 16, 1972, were approved as read.
~NAG~[ENT CONSULTANT FIRM
Commissioner Clerk stated that when the City needed the services of a management consultant and
labor consultant, he recommended the professional services of Donworth Associates be approved at
the reate of $35 per hour (not including travel time which the firm will not be paid for) on an
on-call basis.
~otion by Commissioner Clark and Mayor Jarstad to employ the firm of C. C. Donworth Associates
for labor relations consultant purposes on an on-call basis, carried unanimously.
SEPARATIONS
Kenneth Chase, Extra Labor, Parks and Recreation, August 21, 1972.
Bruce Larson, Part-time Playleader, Parks and REcreation¥ August 21, 1972.
James S. Spencer, Part-time Playleader, Parks and Recreation, August 21, 1~72.
Williard Costello, Extra Labor, Water Supply, August 17, 1972.
?~tion by Commissioner Clark and Mayor Jarstad to approve the separations, carried unanimously.
MOTICE OF E}~LOY?~NT
Susan Soule, Extra Help, Mayor's Office, $2.00 hr., August 23, 1972.
~lotion by ~Iayor Jarstad and Co~aissioner Clark to approve the employment, carried unanimously.
BID AWARD - POLICE ~DTORCYCLE
City Attorney Walgren explained to the Council that it would be proper to award this bid to the
high bidder on the basis of immediate delivery; that this bid would be considered the lowest and
and most responsive bid as compared to the bid which was $25 lower and offered delivery in 90 days.
Motion by Commissioner Clark and }~ayor Jarstad to award the bid to Harley Davidson of Tacoma, car-
ried unanimously.
BID WAIVER - Purchase of Parts (City Garase)
Clerk read memo dated August 16, 1972, from City Garage to Commissioner Schoneman requesting waiver
of bid for the purchase of parts totaling in excess of $500; that these parts are necessary and
are "CAT" parts sold only by N.C. ~[achinery Company.
~tion by Conmissioner Schoneman and ~yor Jarstad to approve bid waiver, carried unanimously.
EASEMENTS (Gillette Avenue Storm Se~er)
Clerk read memo dated August 22, 1972, from City Engineer to Council forwarding for acceptance by
the Council Easements form Earl E. and Dixie C. Edwards, Francis E. and Jewel Gresham, and Donald
and Dorothy M. Dixon; all in connection x~ith the Gillette Avenue Storm Sewerf
~Iotion by Commissioner Schoneman and Commissioner Clark to accept the easements and refer to the
City Attorney for checking as to form and recording properly, Carried unanimously.
Chan~e Order - Pacific Avenue (First To Sixth Street)
Clerk read memo dated August 22, 1972, from City Engineer to Council wMich stated the subject
change order completes all remaining claims of the contractor; also, presenting subject Change
Order #4 to Select Contractors, Inc. for two manhole rings and covers and for the replacement
of asphalt paving.
:Iotion by Commissioner Schoneman and Commissioner Clark to approve~the Change Order, carried unani-
mously.
C~bkNGE ORDER - Naval Avenue (First to Sixth Street)
Clerk read memo dated August 18, 1972, from City Engineer to Council stating he did not approve
the following items requested by the contractor: (1) cost of a more expensive pavement breaR~r,
(2) additional excavation of roadways, and (3) high-early cement. City Engineer also stated he
did approve the following items and recommended payment through Change Order No. 2: (1) Exca-
vation of Unsuitable Material, (2) A.S.P. Plastic Pipe & Fittings, (3) Repair San. ~nholes, (4)
four gutter inlets, (5) concrete pipe to gutter lines, (6) replace traffic signal junction box.
Clerk then presented Change Order No. 2 indicating these items in the total amounfi of $4,833.58
to North Kitsap Gravel and Asphalt Company.
blotion by Commissioner Schoneman and Commissioner Clark to approve the change o~der. Under dis-
cussion: Commissioner Schonezaan stated there was ample funding for this UAB Project. Carried un-
animously.
COUblCII, ~IEETIMG ~IlNUTES - AUGUST 2~, 1972 (Con'd)
RE-ROUTInG OF WATEIL~IAIN - Arsenal Way to Freeway Crossing
Clerk read memo dated August 21, 1972, from E. G. l~mble (Water Supt.) to Commissioner Schoneman
requesting authorization to p~oceed with this installation at an early date; also, that as a re-
sult of State negotiations the City will be re-imbursed $21,303.00 of a total estimated cost of
$31,~10.00.
~lotion by Commissioner ~choneman and Commissioner Clark to authorize the proceeding of this in-
stallation, carried unanimously.
SURPLUS ITE}~S
Clerk read memo dated August 23, 1972, from Max Marangi (Asst. Purchasing Agent) to Council request
lng a mimeo machine which is beyond repair and a stencil maker which is not compatible with the
new mimeo machine to be declared surplus.
Clerk then read memo dated August 18, 1972, from Edna M. Johnson (Chief Accountant - Water Dept-
ment) to Commissioner Clark requesting two (2) billing machines to be declared surplus which are
both obsolete.
~tion by Cormnissioner Clark and ~yor Jarstad to declare these items surplus to be disposed of
inthe best interest of the City, carried unanimously.
LETTER - STEPHEN PAULSON {Police Officer)
Clerk read letter dated August 17, 1~72, from Chief Schlie to Mayor Jaratad explaining that Steve
Paulson left the Police Department on leave of absence to further his education in the police
field; that the leave of absence stipulated that upon his return, he would be the first re-hired
when a vacancy occur~ed. Chief Schlte further explained that Mr. Paulson is now a graduate of
Washington State University with a masters degree in Police Science Administration and wishes to
return to the Departmen; however, there are no openings at this time, nor are there any contem-
Dlated. Chief Schlie recommended that the City Council create an additional position in the
Police Department effective September 1, 1972; which position woutddremain only until a vacancy
occurred.
Motion by ~ayor Jarstad and Co~anissioner Schoneman to create an additional position by resolution
in the Police Department effective September 1, 1972, until such t~ane a vacancy occurs. Under
discussion: The Commissioners concurred that the knowledge Steve Paulson has gained will be a
great asset to the Police Department. Carried unanimously.
REPORT OF EXA/'[INATION - Water Sewer Utility
Clerk presented Report of Examination for WAter-Sewer Utility for the year 1970 which is a public
record on file in his office. Commissioner Clark explained that this is an annual report.
~;OTICE OF OPPORTUNITY FOR PUBLIC I~ARING
Clerk stated he had advertised a Notice of Opportunity for Public ltearing in connection with the
proposed purchase of property for the installation of a left turn-lane system at Sixth and Warren
Streets~ that he had recieved no requests for a public hearing by the said date in the publication,
and a hearing was not necessary. Clerk stated he furnished a certificate stating this fact to
the City Engineer.
LETTER - ENVIRONMENTAL PROTECTION AGENCY
Clerk read letter dated August 11, 1972, from Environmental Protection Agency to Mayor Jarstad
regarding the Sewer Modification Project and stating that a final inspection was held on August
0, 1072, and three items will have to be completed before the project can be closed out; also,
stated that all costs to be considered for grant eligibility must be submitted by September 11,
1972.
LETTER - PLANNING & COmmUNITY AFFAIRS AGENCY - KITSAP LAKE RESERVOIR
Clerk read letter dated August 15, 1972, from the Planning & Community Affairs Agency to Mayem
Jarstad (enclosed with the letter were reactions of interested State Agencies) stating that
they have reviewed the project summary for the above project and it is their conclusion that the
proposed project is in conformance with developmental plans, goals, and objectives. The letter
also noted that the Department of Ecology requires a water rights application which should also
be reviewed by the Department of Fisheries; and that the City may now complete and submit its
formal application to the appropriate funding agency. City Clerk stated this letter is concerning
the proposed construction of a ra~ervoir in the Kitsap Lake area and suggested this letter and
the attached reactions of interested State Agencies be referreddto Water Superintendent Humble
and Program Coordinator Bob Theroux. The Commissioners Agreed that this would be proper action.
LETTER - POTENTIAL PARK PROPERTY
Clerk read letter dated July 22, 1972, from B. A. tlarlow to }~yor Jarstad regarding the pnrchase
of 50 acres of land on Kitsap Lake from him by the City, stating he remained interested in sell-
ing the property to the City and also asking if there is any possiblilityof the City leasing the
land for open space usage until negotiations are finalized. The Commissioners concurred that this
is very valuable property and would be a great asset to the City; however, its purchase is entirel,
dependent on federal and state funding. The Mayor stated the City is pursuing agressively the
possibility of matching funds and commented that he will be keeping in touch with Mr. Harlow.
The Mayor also explained that a lease at this time would not be practical because if fMnds are
made available, it ~ill probably be within a year.
COUNCIL MEETING MINUTES - AUGUST 23, 1972 (Con'd)
LETTER - M~UAL AID-AUTOMATIC REPSONSE (A~reement)
Clerk read letter dated August 14, 1972, from Fire Chief Holtine to b~yor Jarstad and City Attorney
Walgren stating this agreem~is in addition to what the City already has and expands to include
Si'lverdale, Chico, Erlands Point and Brownsville; also, stated the intent of the expansion is to
assure sufficien~ manpower and equipment response at any hour to target hazards in any of the
surroundin~ districts. City Clerk then presented Agreement for Automatic Mutual Aid in Fire Pro-
tection. ~ayor Jarstad directed this letter to be set aside for study.
LETTER - ~[ASS TRANSIT APPLICATION
Cl~rk read letter dated August 21, 1972, from Bob Theroux to Council regarding the Grant-In-Aid
spplication to the Urban b~ss Transit Administration and statiCS that after reviewing the appli-
cation guidelines, it was found that the following itemssneed to be accomplished: (1) a formal
resolution adopted by the City Council authorizing the submission of the Application (attached)
(2) Assurance of compliance with Title VI of the Civil Rights Act of 1964; it is necessary that
five copies of this document be'signed with an "original" signature (attached), (3) An opinion
of Counsel is required clearly showing that the City of Bremerton is a public body authorized by
law to carry out the described project in themanner contemplated; five copies of this document
are also required, each having an "orginal" signature (attached). Clerk then read the follox~ng
resolution. (Asst. City Attorney Kamps signed the Legal Opinion on Transportation Grant Request,
and Commissioner Clark signed the copies of Assurance of Compliance with Title VI)
RESOLUTION NO. 1539 - ~SS TRANSIT APPLICATION
CIerk read Resolution authorizing the filing of an application with the Department of Transportation
Un~t~d,~ State~ of America, for a Technical Study Grant under the Urban Mass Transportation,Act of
1964, as amended.
~otion by ~[ayor Jarstad and Co~nissioner Clark to pass Resolution No. 1539, carried as follows:
>~yor Jarstad, yes; Con~aissioner C1Rrk; Yes; Commissioner Schoneman, yes.
LEASE EXTENSION - CASCADE NATURAL GAS CORPORATION
Clerk read letter dated August 15, 1972, from Cascade Natural Gas Corporation to himself, which
stated that they were agreeable to paying $152 annually for rental on a small area on Werner
Road. City Clerk stated the previous rental cost was $132 annually and he had checked with the
Governmental Research Center who had given the cost of living increase since 1968 as 14.8 percent;
that he worked this percent out on the previous rental and came up with a figure of $152.
C~mmissioner Schoneman raised the question as to whether this was a sufficient annual rental fee and
suggested an appraisal should be made on which to base the rental fee. City Clerk stated it was
his understanding he was to negotiate for the new lease fee and with no direction from the Com-
missioners considered the $132 to be the figure upon which to base the new calculations; however,
clerk suggested this matter could be referred to the Commissioner of Public ~rks to study and
advise the City Council. The Council agreed to have this matter referred to the Commissioner of
Public Works.
10:00 - OPEN MEETING
~s. Dolores Doninger, Member of the National Organization for Women, complained of an ad in the
Bremerton Sun advertising for BOTTOMS (a newly opened store in downtown Bremerton). Mrs. Doninger
stated this ad injured the dignity of women; that the picture and wording in the ad was in very
poor taste. Mrs. Doninger asked the Council for their support in discontinuing such actions of
advertisement in Bremerton.
~ks. ~r~aret Winters also spoke on this matter and presented a petition of those disapproving
of this advertisement. Mrs. Winters concurred that this ad is very poor taste and felt the
wording was very suggestive. Mrs. Winters stated that a business advertising in this manner should
not be licensed in the City of Bremerton.
MrS. Francis Morgan also concurred in disapproving this advertisement; and urged the Council to do
something to prevent it.
City Attorney Walgren stated there is nothing the Council can do; that a Business and Occupation
License must be granted and it merely gives the privilege of paying taxes, the Council]does not
have control of the license.
The Mayor concurred that this advertisement is very distasteful and should be discontinued; however
the Council would have no control over this situation. The Mayor commented that any actions by any
business will have to be in accordance with the law; and any such time they are not abiding by the
law, the Police Department will investigate.
Mr. Rice questioned City Attorney Walgren as to whether anything new has come up concerning the
proposed llal~ Way l~use and }~r. Walgren stated there was not.
R. J. S)IITU RFMONE HEARING
Motion by Mayor Jarstad and Cormmissioner Clark to hold hearing on the R. J. Smith Rezone Applicatior
carried unanimously.
CITY COUNCIL MINUTES - AUGUST 23, 1972 (Con'd)
City Clerk stated this comes to Council on Planning Commission R~solution No. 230 which recommended
the Council approve the rezone from ~-1 to B-3 with land use restrictions and a site plan. Clerk
then read le-tter dated July 26, 1972, from Planning Commission to Council stating this rezone
was recommended for approval by the Co~mnission on an unanimous]vote; also, stated that all members
of the Commission were present, with ~r. Beard vacating his seat on the Commission because of
possible "conflict of interest".
Clerk stated be had notified property owners within 250 feet of the property and other interested
persons, posted the property, and advertised in the newspaper at the proper time.
Clerk then read memo dated July 13, 1972, from City Engineer to Planning Department stating his
department had no objection to the subject rezone. Clerk then read memo dated July 12, 1972,
from the Fire D~partment to the Planning Department stating that depending on the type of building
construction and the hazards of the proposed businemses, additional fire hydrants may be required
to insure proper fire protection; also, noted that thiS area ia in the North Perry Water District.
Clerk then read memo dated July 7, 1972, from Police Traffic Department t~ the Planning Department
giving no objection to the proposed rezone. Clerk then read memo dated July 11, 1972, from
Building Inspector to Planning Department, stating he is in favor of the rezone for this use.
Clerk then read Staff Review dated July 19, 1972, which recommended the rezone be approved with
the Land Use Restrictions as listed, w~th the exception of Condition #4 to be changed to delete tbe
last words "City Engineer" and substitute "City of Bremerton" as stated on memorandum from the City
Engineer.
Cleric then read Land Use Conditions included five items to be included in the ordinance rezoning
this subject property.
Clerk read letter dated June 15, 1972, from Richard Chapin, Attorney representing Mrs. R. J. Smith
advising tbat ~Irs. Smith is not the owner of two of the parcels included within the rezone appli-
cation.
Clerk then read excerpt of Planning Commission Minutes dated July 19, 1972.
~Iayor recessed rezone hearing.
BID OPENINGS (11:00 a.m.)
Motion by ~layor Jarstad and Commissioner Schoneman to open the bids on Bonds, Trenton Avenue
Improvement, and Gillette Avenue Improvement, carried unanimously.
Clerk opened the following bid proposals on BONDS:
Seattle Northwest Securities Corporation, Bid Deposit Enclosed ............ 5.478
Blyth & Company, Inc., Bid Deposit Enclosed ...................... 5.3666
National Bank of Commerce, Bid Deposit Enclosed .................... 5.481767
Seattle First National ]Bank, Bid Deposit Enclosed .................. 5.39071
Peoples National Bank, Bid Deposit Enclosed ..................... 5.6077
Motion by Commissioner Clark and Commissioner Schoneman to refer bids to Mr. Robert Yeasting,
who was representing the City's financial consultant firm, Foster & Marshall, and present at this
time, for~his study and recommendation to the Council, carried unanimously.
Clerk opened the following bid proposals for materials for GILLETTE AVENUE IMPROVEMENT:
Associated Sand & Gravel, Bid Bond Enclosed.
Clerk noted that no total column had been provided for these proposals and the Asst. City Attorney
suggested the bids be opened and referred to the Engineer's Office for tabulation at whichttime
the bidders can be present e~ obtain the totals. Clerk continued with the bid opening without
reading any unit prices or totals as directed in the following motion.
Motion by Commissioner Clark and Mayor Jarstad to open bids and refer to the proper committee for
tabulation and recomm~endation, carried unanimously.
Lundberg Pipe Company, Certified Check Enclosed.
Bremerton Concrete Products, Certified Check Enclosed.
w. :[. Lynch Company, Portland, No Bid Deposit.
Clerk opened the following bid proposals fer TRENTON AVENUE UAB PROJECT:
valley Cement Corporation, Bid Bond Enclosed (Auburn) ............... $134,716.75
Select Contractors, Inc. (Seattle), Bid Bond Enclosed ............... 109,229.00
DelGuzzi, Inc. (Port Angeles), Bid Bond Enclosed .................. 127,675.00
?Iorth Kitsap Cravel & Asphalt Company (Pouisbo), Bid Bond Enclosed ......... 102,805.55
COUNCIL l~EETING MINUTES - AUGUST 23, 1972 ~Con'd)
~iotion by Commissioner Schoneman and Commissioner Clark to refer ~he bids. to the proper committee
for study and recommendation to the Council, carried unanimously.
~.~r. Robert Yeasting, Financial Consultant for the City,.stated he had reviewed the bids and recom-
mended the award to Blyth & Company, Inc., low bidder, offering an effective interest rate of
5.3666; that the total amount of interest paid will be $236,979 and this is $1,025 less than the
second lowest bid. Mr. Yeasting also recommended returning "89~d faith checks" to all bidders
other than Blyth & Company, Inc. City Clerk then returned checks to the following companies:
Peoples National Bank, National Bank of Commerce, and Seattle First National BAnk. No one was
present to accept the check for Seattle-Northwest Securities Corporation, and Clerk stated this
check would be mailed immediately.
~otion by Commissioner Schoneman and Commissioner Clark to accept ~r. Yeasting's bid recommendation
and award bid to Blyth & Company, Inc. Under Discussion: Commissioner Clark thanked Mr. Yeasting
for being present and the work he has done on this project. CArried unanimously.
~[ayor Jarstad directed the continuation of the R. J. Smith Rezone Hearing at 11:30 a.m.
R. J. ~ITH REZONE HEARING {GONT.}
Clerk read letter dated August 9, 1972, fro~ Kitsap County Bank to City Clerk advising that they
support the application for rezone.
Geor8e Plescher, Planning Director, pointed out the property on a land use map, zoning maps. He
also presented Site Plan #1 (Ground Floor), and Site Plan #2 (Basement); also, showed the parking
areas.
Commissioner Clark asked Mr. Plescher how wide the landscaped border on Pearl, Wheaton Way, and
Sylvan Way was. Mr. Plescher stated he believed this was at least ten feet.
Derrill Bastian, Attorney representing Mrs. Buel, questioned Mr. Plescher as to what the required
parking space is for this complex and Mr. Plescher stated this would be very difficult to determine
precisely because the area of buildings would have to be considered and each type of building use
has a different requirement.
~[ayor Jarstad stated that this building could not be built unless they met the requirement for
ample parking space.
Mr. Bastian stated this is an important factor because the applicant has suggested that this com-
plex will be developed according to this site plan and the parking areas shown should be sufficient;
that at tbis time he did not feel the plan shows sufficient parking areas.
Richard Chapin, Attorney representing }Irs. R. J. Smith, stated this hearing should stay relevant
to the issue which is not whether this shopping center is properly located in the area; that this
had been decided upon already and approved. Mr. Chapin explained that the issue today is whether
or not to adJust~the new one, or whether tbis shopping center should have five additional ac~es
besides the ten acres already zoned for this use.
PROPONENTS
Richard Chapin, Attorney representing ~[rs. R. J. Smith, statedhe felt the rezone should be granted
because as a matter of good planning practice and policies it is better to have a wide or wider
break between the retail use area and the single family use area. Mr. Chapin stated that another
reason they felt this would benefit themselves and the public was because tht~ five acres would
be used for better circulation of parking and landscaping, Mr. Chapin also commented that the only
opposition of surrounding residents immediately effective during the Planning Commission Meeting
was ~Irs. Buel who upon examination could not give any names of any residents who autorized her to
speak in opposition for them.
~[r. Chapin also co~nented that the economic concerns for downtown Bremerton is not a proper factor
in determining the zoning of thisaland.
?~r. Chapin spoke of the site plan presented stating they shou.~ be allowed some flexibility so they
can at least comply with City requirements.
Mr. Chapin stated they had Mr. Monroe of Redford Engineers do a study on the traffic conditions near
the proposed shopping center. Mr. Chapin stated that Mr. Monroe felt there was no capacity problem;
howe~er, there was a definite problem now existing to do with left turns at the intersection of
Wheaton and Sylvan Way. Mr. Chapin further explained that Mr. Monroe did not feel the addition of
five acres would be detrimental to the proposed solution of chanelizing the four co~ners o f the
intersection.
~r. Chapin stated that he wished all conditions which the applicat~has agreed to comply with to
be written in the rezone ordinance; that this is oweddto the people involved as a matter of good
faith.
Mayor Jarstad recessed the meeting at 12:06 p.m. until 1:30 p.m.
~eeting called to order at 1:38 p.m.
COUNCIL MEETINg, MINLrrES - AUGUST 23, 1972 (Con'd)
OPPONENTS
Leonard Kruse, representing Washington Corporation of Bremerton Downtown Parking Association,
spoke of the value of the Comprehensive Plan; also, stated the proposed shopping center at the
location sought was not contemplated in the Comprehensive Plan. Stated that the main accesses to
this proposed development already generate traffic up to capacity and spoke of increased traffic
problems that will result with the addition of this development. Mr. Kruse also stated that
traffic on the Warren Avenue Bridge reached its capacity during the month of May and suggested tha
a new bridge may have to be required to hold additionml traffic as a result of this develppment;
that this bridge would have to ha built from Rocky Point Road which would cause additional traffic
in that fine residential area also. Mr. Kruse stated that this proposed "new central business
district" would be detrimental to the economy of downtown Bremerton and parking meters may have
to be removed in order for the downtown businesses to compete with the free parking offered at
the economy of downtown Bremerton end parking meters may have to be removed in order for the
downtown businesses to compete with the free parking offered at the new development. ~. Kruse
commented that the proposed development would be very detrimental to the financing of the City
Parking Garage; that this structure would not have been built if this new development had been
cont~plated.
~[r. Kruse alleged the original plan was for a 10 acre neighborhood shopping center and complained
that the proposed plan for the entire 15 acres' ,fora regional shopping center.
~[r. Kruse also commented that the financial guarantee made by the downtown parking association
would also he threatened by this development.
Commissioner Schoneman stated that the City has no assurance that a development such as this
will hold to the downtown area; that other sites could be made available which are also outside
the central business district and outside corporate limits of Bremerton.
~fr. Bastian, Attorney representing Mrs. Buel, introduced Mrs. Buel to speak.
Mrs. Buel stated this development would be detrimental to the nearby quiet residential area
and would also create more of a traffic problem than what already exists. She also commented that
this increased amount of traffic would be dangerous to the children crossing the streets to attend
schools which are located off Wheaton Way. Mrs. Buel also explained to the Council that at the.
time she first learned about this proposed development up for rezone she arranged for a meeting
with nearby residents; that she had advertised this meeting in the Bremerton Sun. She further
explained that the smme evening the meeting was to be held, there was a notice of cancellation
in the Bremerton Sun; also, stated that she went to the Bremerton Sun to find out who cancelled
the meeting and she was informed by a man in the Bremerton Sun Office that Ronald Ross had can-
celled the meeting. Mrs. Buel stated that she did have the meeting after contacting as many
people as possible to inform then that it was still planned. Mrs. Buel then presented a peti-
tion of those opposing the rezone stating she had gotten these names in an hour's time and had
missed several streets.
Hr. Bastian introduced }~. Gerald R. Cysewski and requested him to speak at this time on the
traffic situation in connection with the proposed development.
Mr. Cysewski, Director of Planning, Traffic, and Highway Engineering with John Graham Associates,
stated his qualifications as a traffic consultant and spoke of the many areas where this shopping
center would create a definite traffic problem. }Ir. Cysewski stated this center would increase
traffic beyond capacity on the roads and for parking; thmt it will result in much traffic parking
on residential streets.
Mrs. Buel complained of existing heavy traffic which would be increased by the new shopping center
and also stated that parking on Harkins Place is already very limited and should not be made any
worse.
P[r. Bastian stated the Planning Commission Hearing was unfair and that this item is not properly
before the City Council; that he felt a completely different ~orum should be established. Mr.
Bastian explained he felt this was necessary; that even though Jerks Beard was not sitting on the
Commission, he was involving himself in the meeting from his seat on the floor. At this time
~r. Bastian entered evidence into the record regarding the meeting planned b~ Mrs. Buel which
had been falsely cancelledT This was entered as Exhibit "A".
~r. Chapin commented that Mr. Bastian's actions are very irrelevant to this rezone hearing and
stateed he should try to speak only on the present issue.
City Attorney Walgren concurred that Mr. Bastian was speaking quite irrelevantly; however, should
be allowed to present his case into the record.
~[r. Basttan stated he felt the issue of the Planning Commission Hearlng was relevant, and he did
not consider this a fair hearing; also, spoke of the actions of the Planning Commission which
made this hearing unfair, and other proceedings of the Hearing which he felt were unjust. }~r.
Bastian stated that the dealings the Counci~lhas had with members of the Planninz Commission give
this hearing before the Council an "appearance of unfairness". Mr. Bastian entered several items
relating to this matter into the record; entered as Exhibit "B".
COUMCIL [,IEETI~IG ~[INUTES - AUGUST 23, 1972 (Cea'd)
Ylayor Jarstad'that nobody on the City Council ever talks to a person and instructs them how to
cast their vote on any matter that is before them as a part of a~y committee serving in the City
of Bremerton; that he has never known of any commissioner of the Counci~lever instructing any
citizen appointed to a Board how he should think or vote, and if this ever did happen that person
would certainly be removed.
Commissioner Clark commented that the materials entered into the record and named Exibit B merely
pointed oat that Jenks Beard was treasurer of the Committee to Retain Clark during his last cam-
paign; that these advertisements and ads were very irrelevant to the issue. Commissioner Clark
stated that many other citizens were part of this committee; that Just because Jen~s Beard happens
to be on the Planning Commission, he should not have to look the opposite way whenever he sees him.
Commissioner Clark questioned the City Attorney as to the relevance of these materials.
City Attorney Walgren stated he concurred with Commissioner Clark that the items entered as Exibit
B were immaterial to the present issue and explained that Mr. Bastian entered these items in order
to substantiate any possible "appearance of unfairness" by the City Council. Mr. Walgren stated
that the Council is giving a fai~ and unbiased hearing and this is all they should be concerned
about.
~r. Chapin requested in behalf of the applicant that this matter be semt back to the Planning
Commission for another hearing without Mr. Beard's appearance at all in ~rder to avoid the possible
argument of "appearance of unfairness" by the Council in opposition of this rezone which will
obviously take the matter back to Supreme Court. Mr. Chapin also commented that Mr. Bastian did
not complain of any unfairness through the entire Planning Commission Hearing; that he participated
in the hearing with no objections until the very end.
City Attorney Walgren stated that this would be a proper procedure.
:~r. Bastian again suggested that an impartial board be established to hold another hearing.
Mayor Jarstad stated that the Planning Commission only gives a recommendation to the City Council;
that the Council does not necessarily agree with that reco~endation.
City Attorney Walgren recommended the Council send this matter back to the Planning Commission as
requested by Mr. Chapin in order for the opposition to feel as if they have had a fair and impar-
tial hearing.
City Clerk Yeadon mentioned the fact that another member is goin~ to be added to the Planning
Commission by ordinance who would not have been a member of the Board before.
Hr. Chapin requested a recess for five minutes and the Mayor recessed the meeting at 3:10 p.m.
Heeting called to order at 3:26 p.m.
?,~r. Chapin stated he wished to withdraw h~s request for this matter to be sent back ~o the Plan-
ning Commission because Mr. Beard denies all of Mr. Bastian's charges.
Hr. Bastian stated the opposition feels tbe question of rezone can only be answered by a fair and
impartial hoard not subjected to outside pressures. Mr. Bastian also stated that this matter ia
improperly before the Council and it would be erroneous to proceed with the hearing at this time.
City Attorney Walgren recommended the Council continue with the hearing and the Mayor directed
to do so.
City Attorney WAlgren questioned Mr. Bastian as to whether he felt the Planning Commission
could give a fair and impartial hearing without b~r. Beard's attendance; and Mr. Bastian stated
he did not.
·
City ~ttcrn~y Ua ran ~ .... ,.-~ u~ ~*'-- aa to "~- ~- ~-~ tka Planning ~c.-~r-.~z~cn cguld
City Attorney Walgren then asked Mr. Bastian if he felt he or his clients would benefit by thie
matter being sent back to the Planning Commission exclusive of Jenks Beard; anddT~r. Bastian stated
he did not.
~.[r. Bastian spoke again of the traffic problems he felt the proposed development would create and
stated that the City Engineering staff did not make a proper study of the traffic situation as
required by Ordinance No. 2678.
Hr. Bastian complained that one of the restrictions recon~mended by the Planning Commission which
was landscaping did not specify what type of landscaping was to be done.
Mr. Bastian complained of the poor planning practice involved in this development and commented
that the site plan presented by the applicant ~s very nebulous. Mr. Bastian also commented that
this development is in conflict with the comprehensive plan and will be fully exposed to the
surrounding residential area; that t~ey strongly urge the Council to deny this request.
COUNCIL ~EETING }IINI~ES - AUGUST 23, 1972 (Con'd)
~lr. Chapin asked the Council to direct the City Attorney or Planning Commission to prepare a
detailed "findings of fact" se%.ting forth the Council's reasoning and thinking on this matter.
~r. Chaptn commented that ~r. Bastian has not stayed relevant to the issue and the reason for
this is because neither he, his traffic engineer, nor anyone else can come up with any reasons
as to why a 15 acre site would be detrimental and a 10 acre site would not.
Mr. Bastian commented that this rezone has not been subjected to the State Environmental Polic~?
Act of 1971 and should comply with this Act before any final decision is made.
Mr. Chapin stated ~-lr. BAstian never suggested the 'rezone comply with this Act during the Planning
Commission Hearing and stated the City Attorney would have to decide whether this is a deficiency
or not.
Mr. Monroe, Traffic Engineer and Consultant for the Applicant, stated his qualifications as a
traffic engineer and stated he determined his figure on'he traffic situation un-der the worst
possible conditions and he holds firm with what he has calculated to be a level service "D" at
the intersection of Wheaton and Sylvan Way.
Mayor Jarstad asked for any further testimony regarding this rezone and no one spoke at this
time; and the following motion was made.
Motion by Mayor Jarstad that the decision on this rezone be delayed until the Commissioners have
proper time for individual consultation with the City Attorney and until proper documentation of
all the testimony given is made available by the City Clerk.
~[r. Chapin questioned if this meeting with the City Attorney would be in violatiom of the Open
~eeting Law; also, stated that if Mr. Bastian feels the Council in meeting with the City Attorney
violates any of his clients' rights in terms of "appearance of unfairness" that he should say
so at this time, and if Mr. Bastian so wishes, he should request an opportunity to be present at
these discussions at this time.
:'[ayor Jarstad stated that this motion was to allow time for independant Counsel which h& didn't
believe was in violation of the Open Meeting Law.
:lotion died for lack of second.
Cormnissioner Clark stated he has considered all aspects of this rezone and could not find any rea-
son to deny the request and made the following motion.
~[otion by Commissioner Clark and Commissioner Schoneman to approve the rezone request as propbsed
and to direct the City Attorney and Planning Commission to draft up a "findings of fact".
Commissioner Scboneman stated he did not wish to see a firm such as Sears move out of the City
where there would be no competition; that he would like to see business maintained in the City
of Bremerton. Commissioner Schoneman also stRted that the site that bas been chosen for this
development is a proper one, and that he is highl~ in favor of the rezone.
Commissioner Ci~rk stated that all of the relevant testimony he has heard verifies that it is a
very proper and reasonable rezone request.
~ayor Jarstad commented that the additional fi~e acres for this development will be an improve-
ment to the residential area with proper screening and set-back; that he could see no reason for
not granting the rezone and concurrRd with his fellow Commissioners.
~otion carried unanimously.
BID AWARD - TRENTON AVEN]fE P~PROV~ENT
Clerk read memo dated August 23, 1972, from City Engineer to City Council, which recommended bid
for the Trenton Avenue Improvement be awarded to low bidder, North Kitsap Gravel & Asphalt Co.
which compares favorably with the Engineer's estimate.
>~otion by Co~m~issioner Schoneman and Commissioner Clark to accept the recommendation ofthe City
Engineer and award bid to North Kitsap Gravel & Asphalt Co., carried unanimously.
BID AWARD - GILLETTE AVENUE STORM SE~ER ~aterlal Purchase)
Clerk read memo dated August 23, 1972. ind%cat%DgT~the~etals which had been tabulated.eh, the ex-
tension of 'the bida for .this material. It'was ~r~comm~nded'~hat the bids be referre~ to the ~City
Engineer for recommendation at the next Council Meeting because the bid documents permit the City
to purchase any one item from any one of the contractors bidding which permits the bid to be split
and also because the alternate proposal of W.M. Lynch Company should be reviewed.-
~otion by Co~missioner Schoneman and b~yor Jarstad to refer the bids to the City Engineer for
study and recommendation at next Council Meeting, carried unanimously.
WARRAI~Y DEED - POPE & TALBOT {Watershed Land Exchan8,)
Clerk read memo dated August 23, 1972, from City Attorney Walgren to himself stating the transfer
appears to be one that the appraisal could be waived because of obvious benefit to the City; also,
suggested that the deed be executed by the Council but held by the City Clerk for delivery upon
receipt of a like dRed f~m Pope & Talbot. Clerk then read the following ordinance for the second
reading; first reading of the ordinance was on June 28, 1972.
ORDINANCE ~D. 3034 {Watershed Land Exchanse - Pope & Talbotk
Clerk read, second reading, AN ORDINANCE of the City of Bremerton, Washington providing for the
sale and conveyance of certain real property owned by the City of Bremerton.
COUNCIL MEETING~MINUTES - AUGUST 23, 1972
~4otion by Commissioner Schoneman and Mayor Jarstad to pass Ordinance No. 3034 carried as follows:
~yor Jarstad, yes; Commissioner Clark, yes; Commissioner Schoneman, yes-.
LEASE AGREFiMENT - DOMSEA
Clerk read lease agreement between Domsea and the City of Bremerton to be approved by the City
Council.
Motion by Commissioner Schoneman and Commissioner Clark to approve the lease subject to approval
of the State Health Department and any other interested agencies. Under discussion: Mayor Jarstad
questioned as to whet~ the property the City is leasing Domsea is zoned properly for the pro-
posed use of fish rearing activites. City Clerk atated a hearing had been held on making a pro-
vision for fish hatchery use but the ordinance amedding the zoning ordinance had not been read and
the matter has not been resolved. Motion carried unanimously.
CALL FOR BIDS - ANDERSON CREEK LEASE
Clerk stated that the City Attorney's Office had prepared a bid call for leasing the Anders~n Creek
former log dump property to be opened September 6, t9{2, ~layor Jarstad suggested the opening be
set for a later date for more publicity. City Clerk suggested September 20 as an opening date
and the Corm~issioners concurred.
~otion by Commissioner Schoneman and Commissioner C~ark to authorize call for bids on Anderson Cr9e~
lease to be opened September 20, 1972, carried unanimously.
ACCEPTANCE OF FRANCHISE - RODGERS STREET SEWERAGE LINES
Clerk read letter dated August 22; 1972, from W. H. ~han, Chairman of Board of County Commissioner~
presenting franchise for sewerage lines on Rodgers Street which was granted to the City of Bremertor
on August 21, 1972, for acceptance by the City Council.
~?otion by Co~nissioner Schoneman and Commissioner Clark to accept the Franchise and authorize
the }~yor and Commissioners to sign, carried unanimously.
CONTRACT - NORTH PERRY FIRE DEPARTmeNT
City Clerk read Contract between the City of Breme~ton and the Nerth Perry Fire Department for
certain exchanges of services, etc.
Motion By ~[ayor Jarstad and Commissioner Clark to approve the Contract. Under discussion: Mayor
Jarstad explained that this agreement will be very beneficial to the City of Bremerton as well~as
the North Perry Fire Department. CArried unanimously.
ORDINANCE NO. 3035 - TRAVEL PAY
Cle~{ read, first reading, AN ORDIN~/qCE amending Ordinance No. 1826 as amended by Ordiaance No. 246
as it relates to expenses of city employees and fixing the rate of mileage to be allowed city
employees for use of private automobiles, and declaring an emergency.
Motion by Commissioner Clark and Co~nissioner Schoneman to pass Ordinance No. 3035, carried as
follows: Mayor Jarstad, yes; Commissioner Clark, yes; Commissioner Schoneman, yes.
LEASE AGREEmeNT - GENERAL ELECTRIC {God Mountain Site)
Clerk presented this lease contract and commented that General Electric Company wishes to renew
this lease which will expire September 30, 1972. Commissioner Schoneman stated that no action
should be taken at this time; that this matter should be set aside for study.
Motion by ~yor Jarstad and Commissioner Clark to refer this matter to the Commissioner of Public
Works for recommendation to the City Council, carried unanimously.
LETTER - HIG~4AY COMMISSION ~ {AGREEMENT NO. GC-2989)
Clerk read letter dated August 22, 1972, from Washington State }ltghway Commission to Mayor Jarstad
transmitting proposed agreement in connection withthe Sinclair Inlet to Oyster Bay Agreement to be
executed and returned for signat~re of the State. This item was referred to Commissioner Schoneman
REPORTS
Commissioner Clark:
1. Commented that this is the first time in his 13 years as Commissioner that the Council Meeting
lasted beyond five o'clock.
2. EEA #1 extensions will be approved on a month to month basis.
3. The Beard Contest will be held at the Fair Saturday. Showed the trophies that will be presente~
Stated the Judging will be done by Wendy Worland, Mis Port Orchard; Molly Bemis, Miss Bremerton;
Dee Cheatum, Northwest Junior Rodeo Queen; Karol Redman, Little Miss Britches; and Queen Nancy
Roberts of the Kitsap County Fair and Rodeo and her Court. Commissioner Clark also stated Com-
missioner Bill Mahan will attend this event but will not be an official contestant.
Commissioner Schonaman:
1. Chuck Nichols of the Toll Bridge Authority had informed him today that a bid call for the demo-
litinn of the toll booths is being prepared and also questioned him concerning the buildings.
Commissioner Schon~nan stated that the buil4ing at the Manette Bridge is going to be moved to the
watershed and will be used as a surveillance shack.
City Attorney Walgren:
1. Gave very brief report on the pending case "Sheridan Heights Annexation".
7.Iayor Jarstad:
1. Commented that this is probably the longest council period held and commended the~reporteres
(Richard Campbell of the Bremerton Sun and Fergus Prestbye of KBRO Radio Station) for staying
throughout the entire proceedings~_~PROV~_.:~ __~ C~
Meeting adjourned 5:07 p.m. GLENN K~. ~STAD, Mayor G. t~ Clerk