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