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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