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HomeMy WebLinkAbout02/18/71 FEBRUARY 18~ 1971 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers, City lIall, at 7:50 P.M., P.S.T., Thursday, February 18, 1971. Attend- ing were: b~yor Jarstad (presiding), Co~nissioner Clark, Cor~nissioner Schoneman(*), City Clerk Yeadon, Asst. City Attorney Kamps, Rev. Glen Soule of the Manette Con~nunity Church, Hr. Eddie Adams, and representatives of Press and Radio. (*) Commissioner Schoneman entered the meeting after attending a meeting of the Boundary Review Board. Meeting opened with Pledge of Allegiance, and Invocation by Rev. Glen Soule. Mayor Jarstad ex- pressed appreciation for the attendance--and especially the students present(about 11), whom he asked to identify themselves. }le then spoke briefly about the operation of the City govern- ment and the reason for wanting to annex the watershed properties--annexation was then pending. MINUTES ~y Mayor Jarstad and Co~nissioner Clark that minutes of previous meeting, February l'~-r~71, be approved as circulated at pre-Council meeting, carried unanimously. ~4PLOYMSNT Ronald R. Phillips, Extra Labor - Parks & Rec. - $1.75, effective February 19, 1971. Motion by Mayor Jarstad and Co~missioner Clark for approval, carried unanimously. CHANGE OF PAY STATUS Agnes M. Martin, Clerk - Typist - Police; from $445.00 to $463.00, effective January 21, 1971. R. Wes Henry, Jr., from 2nd Yr. Patrolman to 3rd Yr. Patrolman - Police - from $723.00 to $758.00, effective Feb. 16, 1971. Motion by Commissioner Clark and Mayor Jarstad for approval, carried unanimoUSly. (February 18, 1971 - cont.) CLAIM FOR DAMAGES Clerk presented, as information, claim for damages of Derrick L. Cronkhite, 5209 17th St., Bremerton, l{ash., amount $121.80, for damages to 196S Chevrolet caused by Fire truck. Clerk advised that details had been forwarded to the insurance company. PAYROLL L'l'6~U-~resented payroll voucher for pay period ending February 1S, 1971, amount $101,548.69, signed by Auditor Fitzwater and approved by Conmissioner Clark. blotio~by Commissioner Clark and Mayor Jarstad to approve payroll voucher, carried unanimously. SALT - FOR SNOW AND ICE CONTROL Clerk presented voucher dated 1-13-71, amount $2,142.00, payable to Western Farmers Association, Seattle, Wash., for 40 tons of K. D. Salt, and explained that there was not time to call for bids due to the emergency nature of the requirement for salt. ~tien by Commissioner Clark and ~yor Jarstad for approval, carried unanimously. ROCK CRUSI~R Clerk stated that the Street Dept. has need for 100 inserts for C.EDAR RAPIDS Double Impeller Impact Breaker, estimated price $1,249.00 (Equipment Rental Account); that the only known source of supply was Sahlberg Equipment, Inc., Seattle, Wash.; request waiver of bids. Motion by Co~missioner Clark and Mayor Jarstad to authorize purchase of inserts without issuing call for bids, carried unanimously. RADIO L~ stated that the Building Dept. needs a radio for the Building Inspector's car; that Motorola has one that is compatible with our system and can be acquired through State Contract, amount $820.00. bbtion by Co~nissioner Clark and ~iayor Jarstad to purchase Motorola radio through the State ~ct, carried unanimously. Comm. Clark stated this was contemplated in the 1971 budget. BIDS - PLA~rlNGS Clerk stated that there is a need to call for bids for some ground cover on the slopes at the new llth St. connector, between Pacific and lqashington, as the amount involved for material and labor is over the amount set in the City Charter. Motion by Commissioner Clark and Mayor Jarstad to authorize call for bids. Mayor Jarstad stated t~-~ork was required because land from the slope keeps fallingonto the sidewalk. Motion carried unanimously. PROPERTY FOR PROPOSED PARK Clerk read copy of letter dated February 9, 1971, from Planning Director to four parties, re- questing extension to 90 days(to May 10, 1971) of options on property at the south end of Kit- sap Lake, pending processing of application for financial assistance from H.U.D. Letters sent to: E.J.Braendleln, Mr.{ Mrs. Oscar Hanberg, tto~ard E. Shohoney, Richard Lee Anderson. bDtion by Mayor aarstadand Commissioner Clark to approve extension of options proposed in lVl~ng Director's letter of February 9, 1971, carried unanimously. DEED - CI~RLES C. I~SELWOOD Clerk presented Quit Claim Deed to convey to Charles C. }~selwood, property sold to him--at auction--at Council meeting February 10, located in Plat of Ole }~nson's Navy Yard Addition, declared surplus by the Water Dept. Clerk stated that Authorization was required by the Council for the b{ayor and Clerk to sign Deed. 5~tion by Comm. Clark and b~yor Jarstad to authorize signing of Quit Claim Deed, carried unanimonsly. NOTICE OF CLAIM FOR RETAINAGE Clerk read letter dated February 12, 1971, from Cartano, Butzer and Chapmen, Attorneys, on behalf of Troholff, Inc., advising that they will shortly follow up with a signed Notice of Claim to retainage of $5,488.89 on Kitsap Lake Interceptor Contract--prime contractor, F. J. Schade, Inc. Motion bM Commissioner Clark and Mayor Jarstad that the matter be referred to City Attorney ort~f-~oper processing and checking. Commissioner Clark expressed his belief that this was part of suit pending for work performed that was not at the instruction of the City. Motion carried unanimously. (February 18, 1971 - cont.) PROPOSED ANNEXATION - POTTER PROPERTY Clerk read, as information, copy of a notice dated January 18, 1971, from Kitsap County Boundary Review Board, denying application of Lile-Mayflower for annexation to the City of Bremerton of property at the west end of P/erner Road known as "Robert Potter Property." ANNEXATION PETITION - JA~ES E. SKIRVING Clerk read letter dated February 17, 1971, from Asst. Planning Director Hofmann, attaching 75% petition for annexation of property north of First Street between National Avenue and Forest Avenue. Motion by Mayor Jarstad and Commissioner Clark that Council accept annexation petition and re-~to proper channels, including Boundary Review Board, carried unanimously. U. S. NAVY SUPPLY CORPS DAY Clerk read proclamation, signed by Mayor Jarstad, proclaiming February 25, 1971, as U. S. NAVY SUPPLY CORPS DAY. 8:00 P.M. - OPENING OF BIDS Clerk annormced that it was the time and plac.e for opening of bids for construction of sanitary sewers at Harlow Drive et al - L.I.D.# 309. Motion by Mayor Jarstad and Commissioner Clark that bids be opened, carried unanimously. L'~then opened the following bids{bid bond accompanied each bid, and the amounts shown are before taxes): Coulee Construction Co., Inc., Seattle $178 238.1S J. E. ~/ork, Inc., Redmond, P/ash. 19S 019.45 Roth Excavating Co., Everett, P/ash. 210 864.60 Byron Rockstad Construction, Inc., Tacoma 222 346.50 Snelson, Inc., Sedro P/ooley 228 041.08 Co~nercial Excavating Co., bit. Vernon 261 963.00 Select Contractors, Inc., Seattle 271 466.00 Jack Thornburn, Inc., Seattle 261 672.S0 ttanson Excavating, Tacoma 202 090.00 C. J. Rocky Co., Inc., Tacoma 20S 77S.00 Keith Petersen ~ Sen, Inc., Tacoma 198 721.75 E. J.. Rody ~ Sons, .Tacoma 170 73S.S0 Tucc, i ~ Sons, Inc., Tacoma 154 S44.S0 Sound Construction Co., Inc., Bothell 205 870.$0 Bay Construction, Inc., Seattle 194, S87.00 Motion by Mayor Jarstad and Commissioner Clark that bids be referred to Consulting Engineer, Ci'/~-Council and Clerk, for computation; and a decision be announced at next Council meeting. Motion carried unanimeusly. VARIANCE - HAYNES~ for ~otion by Mayor Jarstad and Commissioner Clark that hearing be held on requested variance, carried unanimously. City Clerk stated this was the time and place for holding public hearing on variance request of Lou Romo, owner, and Lance llaynes, contractor, for property at 1023 tlanford St.; that he had advertised the hearing in the newspaper and sent a notice to the parties involved. Clerk com~onted that the variance requested was for a reduction of rear yard from 25 ft. to 15 ft. Then read staff review explaining the topography, and the sewer easements, which recommended that the variance be granted on the basis that the owner would be denied rights which other persons in the neighborhood enjoyed. Also explained that the Planning Commission had held a hearing but the vote was insufficient inasmuch as their rules call for a minimum of four affirmative votes; and there were only three affirmative votes and two negative votes. Mayor Jarstad invited remarks from the audience. Bill Bercot, of 1821 Madrona Pt. and R. C. lhston, 1801 Madrona Pt., spoke in favor of granting the variance, although it was noted by them that the contractor had apparently started the work before he actually had a variance granted. Mayor Jarstad explained that the matter of Proceeding before proper per- mits were issued was another subject and would be taken up by tim proper City officials following this hearing. Mayor Jarstad and Commissioner Clark re'viewed the situation concerning the need for the variance, and were in agreement that the request should be granted. Mr. Romo and Mr. Haynes were present, but neither testified. There being no further testimony offered, the Mayor closed the hearing. Motion by Mayor Jarstad and Commissioner Clark that variance be granted, 'carried unanimously. (February 18, 1971 - cont.) ttEARING - ASSESSMF~Vr ROLL 9°7 Clerk announced it was the timeJand place set for a hearing on final assessment roll for Local Improvement District #~lag- Madrona Point. ~otiun by Mayor Jarstad and Commissioner Clark that hearing be held on final assessment m---IT7-, carried unanimously. Clerk stated he had published legal notice in the official newspaper and sent notices to property owners of record, as required by State law; and that written protests were as follows (pertaining to assessments): -- Dorothy V. ~/ilson, 2128 Madrona Pt. Drive, letter dated 16 February 1971; objec- ..~ ted to amount of assessment on the basis that, on the llth day of October, 1970, she signed the right to operate, maintain or reconstn~ct sewer pipes on 96.88 fees of property; that this does not add up to the $1662.60, and that other owners of much more property are paying less. --James I. Kaddock, Attorney, Port Orchard, representing Margarot Pearce, 1436 .qadrona Pt. Drive, and also Edwin C. and Virginia Middleton, 2143 Madrona Pt. Drive, pre- sented on behalf of both clients, statements of OKI 'ECTIONS TO CONFIRMATION OF ASSESSmeNT ROLL, which statements also objected to the content of notices sent out to property owners, and the method of calculating the assessments. He stated the "zone and termini" method would be more equitable than a $1$.00-per-front-foot charge for the sewer line. A question-and-answer period followed between Mr. Maddock and the Commissioners, and finally Attorney Kamps advised the Con~aissioners and Mr. Maddock that the stated purpose of this hearing was to bring to light protests on the assessment roll only, and that the protests would be considered by the Commissioners and their legal staff at a later time. Other correspondence received:- -- Mr. lgilliam E. Bissell, 2111 Madrona Pt. Drive, stated he had not received a notice of this hearing in the mail, and City Clerk explained to him that the assessment roll was made out to the owners of record, as revealed by a search by a local title com- pany, and notices sent out accordingly. The following spoke regarding terms of payment, and wrote letters and spoke regarding work necessary to safeguard sea walls and restore beach areas: -- Bill B~rcot, 1821 Madrona Point -- Paul Webster, 180S Madrona Point -- R. C. Huston, 1801 biadrona Point (Commissioner Schoneman entered the meeting at approximately 9:00 P.M. ) In answer to questions raised about front-footage measurements as applying to curved frontages or odd-shaped properties, Mayor Jarstad suggested that the consulting engineer get in touch with people having problems in this regard. Commissioner Schoneman con~ented that the easement footages had no relationship to the L.I.D. front-footage assessments. blr. William Bissell, in letter dated 2/17/71, had objected to any additional assess- ment that might be imposed because of having to recall crew to finish s6me work after some property owners had not granted right-of-way, causing legal action. Commissioner Clark explained that these costs were not included in the L.I.D. assessment. Office Engineer Thornburgh and lbward Godat answered questions. Attorney Kamps stated that protests will be evaluated by Council and Attorney's office, and an evaluation made. Commissioner Schoneman said the consulting engineer would check out complaints re property conditions. In response to questions regarding term of payments, Commissioner Clark suggested that City Clerk send out letters to property owners requesting their expression of prefer- ence as to 10-, 15- or 20-year terms of payment. Motion by Conmissioner Clark and Mayor Jarstad that hearing be closed and that testimony presented be taken under advisement by Council and City Attorney's office; that questions regarding front footages be referred to Consulting Engineer and City Engineer; and that conclusions be reported at a later Council meeting. Clerk commented that reading of ordinance would be delayed pending decision from the Attorney' s office. Motion carried unanimously. ~OTOROLA LEASE - GOLD MOUNTAIN (Mr. C. }~. Beebe, Regional ~{arkets Manager of Motorola Communications and Electronics, Inc., was in the audience) Clerk stated that Attorney Sexton had objected that lease contract contained no "l~ld Harmless" clause, and made no provision for attorney's fees; also, that it would bind the City to a 20-year term while allowing lessee to terminate at will. Mr.. Beebe agreed to suggestion that he discuss this with Attorney Sexton, and the matter was set aside for that purpose. (February 18, 1971 - cont.) WATERSI ~3) ANNEXATION Commissioner Schoneman reported on moeting he had just attended, with Attorney Sexton, of Boundary Review Board. A motion had been made and seconded to invoke jurisdiction, and then was withdrawn. Another motion was made to adjourn to an executive meeting to make a decision, seconded and passed--although Attorney Sexton urged that a determination be made at that time. They will have a closed session and advise later. REZONE - RON ROSS Clerk read AN ORDINANCE (first reading) amending Ordinance No. 1792, to rezone from Resi- dential-One to Bfisiness-Three, property located at East side of Wheaton Way, next to ~RIT MART; with restrictions to functions related to retail operations and with obligation that, in the event developers violate restrictions, same shall be liable for attorney fees, and costs, in enforcing such covenants. * Motion by Con~nissioners Schoneman and Clark for approval of ordinance on first reading. ~-7-K~ss was present and objected to restrictions, claiming he was the only one being restricted in that area; said he would agree to restrictions against a mobile home park and a warehouse. * Motion withdrawn and matter to be considered further by Council. BUS CONTRACT Clerk read contract to formalize--for one year beginning January 1, 1971, agreement with the Bremerton-Charleston Trmmportatiun Co. to purchase certain of its assets; for general operation of the transit system, to effect £inancial arrangements and miscellaneous provisions. Motion by Commissioner Clark and Mayor Jarstad to approve contract. ----~[ty Treasurer Shopard commented on the accounting requirements which, he stated, were quite technical and not the same as that of other cities; also said that the City of Bremerton would have the right to look at all operating records and the accounting sys- tem affords a tight control. Motion carried unanimously. REZONE - ARDEN FARMS Clerk read (second reading) Ordinance No. 2942, AN ORDINANCE amending the use and area maps of Ordinance No. 1792, to reclassify from Residential-One to Business-Three, property at 1199 Marine Drive. Motion Co~issioners t~6I~_6_~sbY: Clark and Schoneman for passage of Ordinance No. 2942, carried as Mayor Jarstad - Yes; .Commissioner Clark - Yes; Commissioner Schoneman - Yes. REZONE - C}[~T~AU ROLLER RINK Clerk read (second reading) Ordinance No. 2945, AN ORDINANCE amending the use and area maps of Ordinance No. 1792, to reclassify from Residential-One to Business-Three, property at 1505 Marine Drive. Motionb Conmissioners Schoneman and Clark for passage of Ordinance No. 2945, carried as ]~rl'd~s:yMayor Jarstad - Yes; Commissioner Clark - Yes; Commissioner Schoneman - Yes. RCA - LFASE Clerk read Agreement of Lease between the City. of Bremorton and RCA Global Conmunications, Inc., to lease to latter ten acres near Gold Creek Road, and stated that this was the lease as revised by Attorney's office. Motion Commissioners Schoneman and Clark to approve lease agreement as corrected and for- war--~-~a--EobRYcA, carried unanimously. FIRE PROTE~ION AGREEMENT Clerk read proposed agreement between Kitsap County Fire District No. 7 and the City of Bremerton, in which the Fire District would provide fire protection for all buildings and similar structures in territory to be annexed by the City. Commissioner Schoneman reques- ted that a copy be sent to the Boundary Review Board. Motion by Commissioners Clark and 'Schoneman that Agreement be approved and that the Mayor ~---d-~rty Clerk be authorized to sign it when the annexation is formalized, carried unani- mously. PAYMFArF OF BILLS Motion by Comnissioners Clark and Schoneman to pay all bills that have been approved by a majority of the Conmission, carried unanimously. PJZZONE - JA~S P. SKIRVING Clerk read(second reading)Ordinance No. 2941, AN ORDINANCE amending the use and area maps of Ordinance No. 1792; and repealing Ord. NO. 2925; to reclassify from Residential-One to Residential-'lWo, property at Werner Road-Indian Hills. Motiun by Commissioners Scbuneman and Clark for passage of Ordinance No. 2941, carried as ~rdTl~s: Mayor Jarstad - Yes; Commissioner Clark - Yes; Commissioner Schoneman - Yes. (February 18, 1971 - cont.) GENERAL REPORTS Co~nissioner Clark:- ~e Holiday bus service (Washington's/Lincoln's Birthday Holiday Weekend) was not a success; only accomplished 42% of the cost of operation, and actually lost $126.65 on the operation. Operation was to be a test £or that type of Holiday (quasi holiday) operation. The transit subsidy tax revenues, based on first t~o ~onths of collection and antici- pating revenues from areas of military housing and Bre~erton }lousing Authority (not being collected as yet), should fall well within anticipated revenues. C/iii be leaving early in the morning, with City Treasurer Shepard, for Olympia, for hearings before the S~nate Highways Conmittee relating to the bus question (Senate Bill 194). Conmissioner Schoneman: - Conmented that the State Fisheries Dept. has advised the City will receive 1,000,000 King salmon for rearing in the Jarstad Park area. Gorst Creek pump station will be used for the kids'/Fishday. ~ayor Jarstad:- Expressed welcomo to the Young Democrats, who have selected Bremerton for their State Convention this weekend. ~eeting adjourned at Midnight. z~m,~ ~  G.C. ~f~adon, Sr., City Clerk Glenn K. Jarst~.~Mayor