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HomeMy WebLinkAbout02/03/71 FEBRUARY 3, 1971 The regular meeting of the City Cotmcil of the City of Bremerton, Washington, was held in the Council Chambers, City }Mi1, at 9:00 A.M., P.S.T., Wednesday, February 5, 1971. Attend- ing were: Mayor Jarstad (presiding), Co~nissioner Clark, Comnissioner Schoneman, City Clerk Yeadon, Asst. City Attomey Sexton, Rev. Paul D. Felthouse of the First Baptist Church, blr. Eddie Adams, and representatives of Press and Radio. ~eetin~ opened with Pledge of Allegiance, and Invocation by Rev. Paul Felthouse. qinutes of previous meeting, January 27, 1971, were read and approved as amended. (Febnmry 3, 1971 - cont.) I¢IPI.OY~,UTNT Kare'n ,~{arie Padden, Clerk-Switchboard Operator - Clerk's office; $445.00, effective 2-4-71. ~lotion by Conmissioner Clark and ~ayor Jarstad that employment be approved, carried unani- CI~LNGI~ OF PAY AN]) .~I'ATUS Ilmvard Ackland, Clerk-Steno, Clerk's office; from $463.00 to $481.00, effective 2-4-71. Patricia D/lley, Clerk-Steno, Clerk's office; from $463.00 to $481.00, effective 2-24-71. Eleanor H. IIuber, from Extra llelp to Clerk-Typist, ~4tmicipal Court; effective 2-1-71 - $445.00. (iladyce Chase(change of status only); from Fxtra Labor to Part,time Night attendant, Park r~ Recreation Dept., $2.80; effective 2-1-71. Mot/on by Mayor Jarstad and Commissioner Clark to approve change of status and change-of-pay status, carried unanimously. BIDS - 1RACTOR Clerk reported for Committee considering bids received, that bids were in excess of amount budgeted and it was the recommendation of the Comittee that they be rejected and bids called for on used equipment: not older than 1970 model, with 1,000 hours or less, of use; full six-months warranty, and history of work experience to be furnished; otherwise, specifi- cations to be the same as for new tractor. Motion hy Commissioners Clark and Schoneman to reject bids and anthorize bid call on nsed tractor. Under discussion, Commissioner Schoneman stated that the money in the budget for this new equipment is about $10,000.00 less than the amount of the bids received; that we have purchased used equipment before, which proved to be satisfactory. ~lotion carried unanimously. BID AIrDDRIZATION - L.I.D. #310 Clerk read memo dated February 3, 1971, from Engineer Parker to Commissioner Schoneman, requesting that permission be granted t'o call for bids for construction of Constitution Ave. Sanitary Sewers - L.I.D, 310. Motion by Commissioner Clark and Mayor Jarstad that bid call be authorized, carried unani- CI ~.'GE ORD]iR Clerk presented Change Order #8 of Select Contractors onPhase V of Burwell (Olympic to Naval) project, and read memo dated Feb. 2, 1971, from Engineer Parker to Commissioner Schoneman advising, this project is complete except for monumentation and final acceptance; that change order would reduce the contract price $30.00 if monumentation installed by City force--which installation had been included in contract. ~{otion by Commissioner Schoneman and Mayor Jarstad to approve change order, carried unani- REDFORD ENGINEERS - TOPICS PROGRAM Clerk presented invoice from Redford Engineers dated 29 January 1971, addressed to Com- missioner Schoneman, amount $3,591.07, for professional services rendered in connection with the TOPICS program as per agreement dated August 6, 1970. Motion by Commissioners Schoneman and Clark to approve payment. Under discussion, Com- missioner Schoneman contaented that the entire study of hazardous intersections that can be taken care of by gas-tax money, is completed and Council will have--in about 10 or 15 days--a record of projects the City can get into using Federal and State money, which amounts to 100% of the job. Motion carried unanimously. Clb~NGE ORDER - WASIIINGTON AVE., SIXllI TO ~i&NETrE BRIDGE Clerk read letter dated 27 ,January 1971, from Redford Engineers to Comissioner Schoneman, amt contractor's letter dated January 18, 1971, to Lewis-Redford, to which was attached Change Order No. 1, amount $920.00, for Architectural Treatment of retaining walls not in- cluded in contract due to misinterpretation of the specifications for architectural treat- ment on retaining wails. Motion by Commissioners Schoneman and Clark for approval of change order. Under discussion, .om~ssioner Schoneman explained that the way the contract was interpreted, only one panel was to have architectural treatment but what we had intended was to have every third panel treated by this method. Pngineer Parker comented that the language of the specifications {vas ambiguous; the contractor had offered to~.do the work at his cost, which is quite iow. Asst. Attorney Sexton also commented that the specifications were ambiguous and the natural interpretation would be as interpreted by the contractor. ~otion to approve change order carried unanimously. (Fehruary 3, 1971 - cont.) PAYROI,L ~T4'F['-~esented payroll voucher for pay period ending ,January 31, 1971, amount $119,714.10, si~ned by Auditor Fitzwater and aporoved by Convaissioner Clark. Motion by Commissioner Clark and Mayor Jarstad for approval, carried unanimeus17. BIDS - WIRE Cl~rk presented request of Fire Dept. for authorization to call for bids on 9 pair '2qessenger support" (wire spools), approximate cost $1,S00.00. ,~btion by Hayor Jarstad and Commissioner Schoneman to authorize call for bids, carried unanimously. BRISTON REZONE Clerk read, as information, letter dated February 1, 1971, from Curtis P. Peterson, Presi- (lent of Briston Corp., requesting that final ordinance approving change of zoning classifi- cation on parcel of land at 201 .Shore Drive be delayed for a period of 120 days or sooner, until they can assure the land owner of their capacity to complete the intended development. Clerk stated that Mr. Ike Parker had also phoned and said that financing was being worked out but they didn't want change to go through until they got the money. GF~ERAL ELECTRIC - GOLD MOUNTAIN LFASE Clerk read letter dated January 28, 1971, from General Electric Company, Seattle, Wash., to City Clerk requesting permission to lease space inside Ndlding on Gold ?4ountain to Canyon Construction 8 Realty, Inc., Puyallup, Wash., for the purpose of installing radio conmunications equipment. Commissioner Schoneman stated that General Electric had the right to do this under the lease agreement, and the amount GE was paying was only about $400 but would be renegotiated in about two years; also, that property in that area was being appraised in connection with inquiry from Motorola--which would help determine proper valuation. Motion by Commissioners Schoneman and Clark to approve, carried unanimously. GaR~F TIDElanDS Clerk read letter dated Jan. 29, 1971, from Terence llanley, Attorney, addressed to Board of Commissioners, with draft of a Resolution and a Petition to effect transfer of the City's interest in Gorst Tidelands to the Port of Bremerton. Commissioner Schoneman conmented that there were too many factors involved to allm~ passing upon this without a meeting between the Council and the Port of Bremerton. bbtion by Commissioners Schoneman and Clark that the matter be set aside pending a meeting m-~e Port of Bremerton, carried unanimously. IIILLS/SI3~LL PROPERTY - CORRECrlVE ACTION Clerk read letter dated Feb. 1', 1971, from Merrill Wallace, Attorney, to Mayor Jarstad, requesting corrective action on properties ~med by Kenneth llills and Phillip Sewell at and near Ridgeway Place, on which they had given easements to the City for installation of a sewer line with the understanding that low portions of both properties would be filled and drained by City's contractor, F. J. Schade, Inc. Messrs. Ilills and Sewell were in the audience and entered into discussion with the Commissioners, Asst. Attorney Sexton and Engineer Parker regarding theobligation of the Contractor and/or City. Commissioner Schoneman expressed the opinion that the City has an obligation to see tlmt the property owner is protected, and that fl~ere should be a meeting with Schade and go over t]~ site. ~tion by Mayor Jarstad and Comissioner Clark that the matter be discussed in special me--~ with all parties involved, including City Attorney and 'Engineer, carried unani- meusly. mis RENTAL AGREFA~NT Clerk read proposed BI~ P&NTAL AGREI~AIT dated February 1, 1971, between the City of Bremerton and Bromerton Charleston Transportation Company, providing for rental of twenty-nine busses from the Company at a rate of $17.00 per month for each bus, effective January 1, 1971; agreement to ~rminate on date of signing of contract for sale of these busses to the City. ~tion by Commissioner Clark and Mayor Jarstad to approve agreement. --llnder discussion, Commissioner Clark stated that the $17.00 figure was reasonable, based on something less than depreciation on a 10-year basis. Conmenting on the revenue being receivedfrom the present'operation, Mr. Clark said that it was a little early to tell; that there were two problems with the Federal Govern- ment and tlousing Authority. City Treasurer Shepard stated that the new accounting system made it difficult to provide figures as of now but, in about two weeks, figures would be available on revenues from the household tax, advertising and other revenues; and that on Feb. 12. City wmdd have figures from the Bremerton-Charleston Transportation Co. as to operating costs for the first month of this year, which would give a guideline as to how the system is operating. ~btion carried unanimously. (February 3, 1971 - cont.) POPULATION FIGURES - BRF3~RTON Federal census - 35,307; State census- 36,572 Clerk read letter dated January 25, 1971, from John R. Walker, Manager--Population and Enrollment Section, Office of Program Planning and Fiscal Management, State of Washington, fon~arding advance report of population for the cities, towns and counties as of April 1, 1970, as released by the U. S. Bureau of the Census. Also read letter from ,~Yr. I~alker dated February 1, 1971, enclosing forms for reporting City population figures as of April 1, 1971 (wi~ether estimated or by census)--which figures are used in the allocation of tax monies back to the cities and towns. Clerk stated that the letter and forms probably should be referred to Planning Director. Mayor Jarstad con~nented that the State will give us credit for our "floating" population. ~iotion by Commissioners Clark and Schoneman that the matter of reporting municipal popula- t~o-~e referred to Planning Director for consultation with Council, carried unanimously. RCA LEASE ~d letter dated January 26, 1971, :from H. T. Petersen, Manager-=Real Estate, RCA GLOBAl. C~)~INICATIONS, Inc., New York City; also Option Indenture and proposed lease cover- ins rental of plot of land south of Gold Creek Road, for a period of ten years (initially), at an annual rental of $4500 payable in equal monthly installments. Check in the amount of $500.00 was enclosed for option consideration. (Option not notarized) Commissioner Schoneman stated this matter had been referred to Attorney's office for checking as to form; Commissioner Clark suggested a number of amendments to description of property and that, in paragraph 7, "....the clearing and leveling of land...construction of buildings..," should not be "without limitation." Mayor Jarstad commented that it could be clarified by adding the qualification "subject to County and State regulations." Asst. Attorney Sexton stated these changes could be incorporated before returning for notarizing. ~)ot~on by Commissioners Schoneman and Clark to approve Option and Lease Agreement with corrections, carried unanimously. Commissioner Schoneman commented, as a matter of interest, that the site will be used for an earth station to pick up signals from satellites for TV, etc., and was chosen by computer. RCA will now seek Federal approval. The land had been acquired .many years ago as tax title sale. The building to be constructed could cost up to $150,000 and about 30 technicians will be employed==bringing another industry to Kitsap County. AI,LI'.~ VACATION - BRIglERS, INC. Clerk stated this was the time and place set for hearing on this proposed vacation; property between 4th, Sth and Park, part of which was now occupied by the IDUSE OF Vd,UES. Clerk e.v01ained that this had been through a hearing, which had been approved, but, as property description was found to be incorrect, it is necessary to go through hearing procedure' again; property description is now complete, required notices have been given and affidavit o~ postin~ of notices is on file. ~lotion by ~layor Jarstad and Conmissioner Clark that hearing he held, carried unanimously. Clerk stated there was no new correspondence since the original hearing. Vacation was at request of Bremer's, Inc., and there had been no objections; then read correct description. No one responded to Mayor Jarstad's invitation for further testimony. Motion by Commissioner Clark and Mayor Jarstad that the vacation be approved and Attorney e~-~structed to prepare necessary instruments, carried unanimously. VARIANCE REOUESI' - L. RO~i3 Clerk stated that, at last Council meeting, the date of Feb. 10, 1971 Ired been set for a hearing on an appeal of the Planning Commission's inability to grant the requested variance, but that a further checking of the ordinance indicated it would be preferable from a legal standpoint to publish notices with minimum period of ten days between date of publication of notices and date of hearing; therefore suggested that date of hearing be changed to evening meeting of Council February 18. [lotion by Commissioner Clark and 51ayor Jarstad that date of Febmmry 18, 1971, be set for ~ealV6~F{'ff~, appeal of L. Romo on variance, carried unanimously. Commissioner Clark cormented that, for clarification, an opinion might be obtained from the Legal office on the method of handlin~ such appeals, and Attorney Sexton advised that a formal appeal is required. S}:%rEN~I DAY ADV .ENTIST REZONE Mayor Jarstad announced that this was the day a decision was to be made on the rezone with- out further testimony, but that some letters had been received which he felt should be read into the record. Clerk read separate letters from Mr. and Mrs. Philip tleir, Jr., 1063 Chestnut, dated February 2, property owners near the Seventh Day Adventist School property, protesting rezoninp, for the construction of any type of apartment complex for reasons: original re- zone was to allow building of a nursing home; density factors as related to the Compre- hensive Plan and type of dwellings in the bordering areas; overcrowding of schools (especially as other apartment buildings are also going up in the area); and claims dis- crimination against Conifer Developers, who are allowed to construct only 96 units on property (approx. 6-3/4 acres) bordering Walnut, Schley Blvd. and Callahan--whereas subject rezone would allow 140 units. Also appealed to Council not to decrease the value of their property further by allowing this t.w0e of construction in the midst of a single-family residential area. (February 3, 1971 - cont.) Clerk read letter, individlml copies of which had been signed by thirty-one people (two or three had written before) protesting rezone as property owners within a 250-foot radius of the Seventh Day Adventist School property because of: Added traffic congestion the proposed apartment would cause. Comprehensive planning, did not allow for such high buildings. The original request was for rezone to constm~ct a nursing home. Second request was for construction of a two-story apartment. ~ird request was for a four-story apartment complex (perhaps as high as 70 feet ~> The "unfair" methods used to receive the rezone. (above correspondence had been received since the hearing) ,~layor Jarstad commented on the difficulty of the situation, and said that the Council bad considered it carefully and check~] many questions, lie then invited questions from the floor. Co~missioner Clark expressed regret that he was not present at the previous hearing, and said he had reviewed the minutes and tape recording; also had made a personal inspection of tile site, includin~ the neighborhood area. In answer to question by Mayor Jarstad as to whether there is a legal basis for a hear- in~ of this type before the Council, Attorney Sexton stated that there was. That the original rezone was granted on the intention to build a nursing home, which information could be used as a restrictive covenant--even though it was not specifically stated in the rezone. It was the controlling factor in granting the rezone. Commissioner Schoneman read from the ordinances governing R-1 and R-2 the different types of structures that might be built, and pointed out that a rest home, although needed, could have been built under tile R-2 classification approved by ~he people that could have been a less desirable structure than an apartment building; that, personally, he would prefer to have an apartment building--as there were no restrictions on the nursing home. Also, the present owner could have applied for a building permit under the present R-2 classification and it could not have been denied; instead, he chose to have the matter re- solved in a reasonable manner and avoid bad feeling in the neighborhood. Mr. Rasmmsen stated he would like to have it put on the record that, if he were sworn in, he would take an oath that he had never paid off anyone on the Council in order to get a decision--or anybody in the City (luring the 20 years he has lived here. Commissioner Clark comented that no member of the Commission had talked to b~r. Rasmussen. Mr. Forst asked ~r. Rasmmsen who was accusing him, and stated they were not trying to accuse anybody. Mayor Jarstad added that he did not think such statements have any influence on the Council; that it is a common denominator to accuse a public official; that it doesn't have any influ- ence on their judgment one way or another. Mrs. Forst stated she felt Comissioner Schoneman was stretching the point regarding what might have happened in the way of a rest heine; they had been notified it would be a one- story building, and that the traffic generated would be different than that by an apartment building. Commissioner Schoneman replied that he has been a member of the State of Washington Nursing Home Advisory Board for several years and is familiar with nursing homes; that it might have been considerexl a bit of exaggeration, but what he had indicated was a possi- bility of what might happen with no restrictions on the nursing home construction. l~ith regard to the density factor, Commissioner Clark stated that it did agree with the Comprehensive Plan, and that Planner Plescher had agreed with that just yesterday. Mr. Plescher went over the Comprehensive Plan for the Council and showed them that the strip along Sheridan Road had been projected for Garden apartments, lle also commented that the height o~ a building in the R-2 classification could be seventy feet--and this proposed apartment building is well under that maximam. Co~mnissioner Schoneman spoke to the necessity of revising the ordinance, as had been initiated at one time, so that a situation like the present one would have been avoided, addin~ that the fact of so many categories existing within an R-2 classification makes it a problem. Factors affecting density also brought out in discussion with Council were: the open space planned for the complex and its location on an arterial highway. ~otion by Commissioner Clark and ~layor Jarstad to approve rezoning of property to R-2 for an a~artment complex, as submitted by the Planning Commission. In answer to question by Attorney Sexton regarding Hr. Rasmussen's plans to proceed before rezone was granted, ~lr..Rasrmmsen replied that the Planning Commission had already placed restrictions on the record--and .~r. Sexton pointed out that that was an informal bearing. On suggestion of Attorney Sexton, Commissioner Clark: b~oved that main motion be amended by adding: "Development shall be the same as the site plan ~n~l material respects." qayor Jarstad commented that the original request for a rezone came to the Council with the condition that it was for the purpose of constructing a nursing home, but that financin~ for the nursing home fell through; however, he felt the R-2 rezone classification was nroner for the area. lie also related some plans the City had for conserving open space in the area in the face of incre~sin~ demand for living accommodations. b~otion as amended carried tmanimeus]y. (February 3, 1971 - cont.) PAY~4I~qT OF BILLS Motion by Commissioners Clark and Schoneman to pay all bills t]~at have received the approval o-~ajority of the Commission, carried unanimously. G 'ENI.~,AL REPORTS Commissioner Schoneman: - Washington Avenue will be closed to all traffic when old pavement has been removed, and will then need other means of exit from--and egress to, b~nette Bridge. Golf course is now playable and have had good remarks about it. ~layor Jarstad:- llave been besieged with questions regarding the new golf course, and will have a Press Release meeting Tuesday, February 9, .at 9:30 A.M. 5~r. Ron Ross was in the audience, and Mayor Jarstad advised him that a legal resolution con- cerning his rezone would be ready for next Council meeting, with restrictions discussed. Mr. Ross again expressed objection to restrictions. Mr. R. A. Norton, of 131 North Callow Avenue, read a statement about a condition existing since a section of Callow Ave. was four-laned in 1969, in which water and accumulated materials are splashed against his building, requiring extensi,~e repairs, lie said he had been in touch with Commissioner Schoneman about it and was advised it was the State's responsibility; that they had done the job, and also had made some efforts to correct it. Mr. Norton advised that the State claimed it was the City's responsibility. Commissioner Schoneman advised Mr. Norton that the City would cooperate if the State would .put up the money, .and that the matter would probably come up again at the next Council meet- lng. Mayor Jarstad added that we will pursue this problem and somethi.ng should be forthcoming within the next two weeks. Meeting adjourned at 12:42 P.M.  G.C. Y~adon, Sr., CityClerk