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HomeMy WebLinkAbout05/19/71 ~Y 19, 1971 The regular meeting of thc City Council of the City of Bremerton, Washington, was held in the Council Chambers, City Hall, at 9:00 A.M., P.D.S.T., Wednesday, May 19, 1971. Attemling were: Mayor Jarstad (presiding), Con~nissioner Clark, Asst. City Attorney Sexton, City Clerk Yeadon, Mr. Eddie Adams, and representatives of Press and Radio. Commissioner Schoneman was out of the City. Meeting opened with Pledge of Allegiance, and Invocation by Rev. John Rupert of the Free Hethodist Cbt, rcb. Hinutes of the previous meeting, Hay 12, 1971, were read and approved as amended. SIiPARAT I()NS Richard Schindler - Lifeguard ~ bIaintainenceman, Parks and Rec. - May 18, 1971. bbtion by Commissioner Clark and Hayor Jarstad to approve, carried unanimously. [~LO~%[ENTS Kathy Bell - Part-time Playleader, Park and Rec. - $1.75 - effective June 1, 1971 Clark Blaisdell - Extra Labor, Park ~ Rec. - $1.7S - effective June 1, 1971 Dennis Wayne Boelke - Ext. Labor, Park ~ Rec. - $1.90 - effective June 1, 1971 Linda J. Campbell - Ext. lblp, Municipal Court - $2.47 - effective ~y 17, 1971 Patrick Timothy Carey - Ext. Labor, Park ~ Rec. - $2.25 - effective June 1, 1971 Russell Earl Clodius - Ext. Labor - Park ~ Rec. - $1.90 - effective June 1, 1971 I)onald Roy Etten - Ext. Labor, Park ~ Rec. - $2.25 - effective June 1, 1971 James Lee Farnsworth - Patrolman 1st Yr., Police - $694.00 - effective May 17, 1971 Kathy l~nry - Extra Help, Finance - $2.19 - effective April 29, 1971 (one day) Patrick [Iolmes - Ext. L~)or, Park ~ Rec. - $2.25 - effective N~y 17, 1971 ()liver IV. Jackson - Ext. Labor, Cemetery - effective bhy 17, 1971 - rate $2.42 Norman C. ~nson - Ext. Labor, Cemetery - $2.42 - effective b~y 17, 1971 Lynn ~brron Stokesbary - Playleader, Park ~ Rec. - $1.7S - effective June 1, 1971 b~tion by Commissioner Clark and Mayor Jarstad to approve, carried unanimously. ClPuNGt! OF PAY s'rM1JS Hichael P. Adams - from 1st yr. Firefighter to 2nd Yr. - from $694.00 to $723.00 - effective June 13, 1971 Richard l.ee Anderson - F~xtra I,abor, Park ~ Recreation - from $2.50 to $2.65 - effec. 6-1-71 Bruce A. Boblmann - Extra Labor, Park ~ Rec. - from $1.60 to $1.75 - effect. June 1, 1971 George Fredrick Brock - Extra Labor, Park ~ Rec. - from $1.60 to $1.75 - effect. 6-1-71 Lowell Ii. Daugberty- from b'ltr. Ptm. to Patrolman, Police - from $810.50 to $793.00 - effective May 16, 1971 John II. Davy, Jr. - from Firefighter 1st yr. to 2nd yr. - from $694.00 to $725.00 - effective Hay 6, 1971 Hiclmel Robert Dotson - Ext. Labor, Park fi Rec. - from $1.75 to $2.25 - effect. June 1, 1971 Paul A. Colnik - from 1st Yr. Firefighter to 2nd yr. - from $694.00 to $723.00 - e~fective June 9, 1971 Carl John Lindberg, Jr. - from Part-time Playleader to Extra Labor, Park fi Recreation - from $2.2S to $2.6S- effective June 1, 1971, R. E. Hason - from 3rd Yr. Firefighter to 4th Yr. - from $758.00 + $17.50 to $793.00 + $17.50 - effective ~y 5, 1971 Hiclmel Ban Porch - Extra l,abor - Park & Rec. - from $1.60 to $1.7S - effective June 1, 1971 David I,. l~/les - Extra Labor, Park fi Rec. - from $2.00 to $2.2S - effective June 1, 1971 Charles T. Stark - Part-time Playleader, Park and Rec. - from $1.60' to $1.75 - effective- June 1, 1971. Il. l~~. Swanson - from Firefighter 2nd Yr. to 3rd. Yr. - from $723.00 to $758.00 - effective Hay 2, 1971 Hotion by Hayor Jarstad and Com. Clark to approve, carried unanimeusly. PROCI~V~TION Clerk read PROCIA~TION, signed by Mayor Jarstad and City Clerk, proclaiming ~Iay 21 and 22, 1(.)71 as BUDDY AND ~fl~IORIAI, POPPIES days, and urging all citizens to support this £und-raising canrpaign of the Veterans of Foreign ~iars of tim United States, the American Legions, and the Ladies Auxiliaries. CLAIH FOR I)A~I~GES Clerk presented, as information, claim of Alvin C. Getschel, Star Route 1. Box 347, Bremerton, Washington, amount $150.00, for damage to property caused by heavy equipment when sewer was being installed on Rodgers Street, Bremerton. Clerk stated that copy of claim had been sent to the insurance company. 19, 1971 - cont.) T/LXICAB DRIVER LICENSE Clerk presented application of Kenneth lVayne Glenn, 1209 lligh Street, Bremerton, for Taxicab Driver License, duly notarized and supported by four notarized statements as to character, and approved by Acting Police Chief Henry. ~Btion by Comissioner Clark and Mayor Jarstad to approve, carried unanimously. I~fFII~NT FUND Clerk presented Employees' Retirement Fund list for May 1971, gross amount $2,615.15 [btion by Commissioner Clark and ~yor Jarstad to approve, carried unanimously. PAYROLL Lq-67~resented payroll voucher for pay period ending blay 15, 1971, amount $103,049.59, signed by Auditor Pitzwater and approved by Commissioner Clark. ~lotion by Commissioner Clark and Mayor Jarstad to approve, carried unanimously. BillS - TENNIS COURTS Clerk read memo dated May 18, 1971, from Supt., Dept. of Parks & Recreation, recommending award of bid proposal on four LAYKOLI) tennis courts to RAECOLIT}t, INC., of Seattle, iow bidder, including alternate, 9-gauge vinyl-coated green fence fabric; total amount $30,830.10 (inc. SST). Also read letter from IAC to Andrew Pendergast, authorizing such award. ~btion by Commissioner Clark and ~yor Jarstad to approve, carried unanimously. BIi)S - ALIGNb~Nr EqUIPmeNT Clerk reported that he had reviewed with Mr. Don Sauer the only bid received; that it was a responsible bid and the equipment satisfied the requirements, and that the Commit- tee recommended awarding the bid to Aaberg fi Feek, in the amount of $996.24 (after deduction of $3.15 error in st~mitted figure). ~btion by Commissioner Clark and Mayor Jarstad to approve, carried unanimousl7. t~B bllil~'ING Clerk presented, as information, notice of meeting(and agenda) of Urban Arterial Board, ~mrsday, ~y 20, 1971, at 1:30 P.M., in the ttighways Administration Building, Olympia, lVashington. PACIFIC AVENI~ Ib~ROVIg~NTS Clerk read memo dated ~y 19, 1971, from Engineer to City Council requesting authoriza- tion to call for bids for opening June 2, 1971. )~tion by Commissioner Clark and Mayor Jarstad to approve, carried ununimously. SE~%~RAGE SYSTI¢! IS~ROVFA{ENT PROGRAM Clerk read, as information, letfe?--SfMay 13, 1971, from tho Department of Ecology to ~yor and Council, advising that subject report has been approved; also letter May 7, 1971, from Dept. of Social and llealth Services, advising the Seeping Study has been approved. (Copies had been addressed to Kramer, Chin ~ Mayo). ClM24GE OIU)ER - TREA13-~A~r PLAMFS Clerk read letter dated ~y 17, 1971, from consulting engineers to Commissioner Schoneman, advising that the Environmental Protection Agency has apparently revised its criteria for dis-infection facilities, and the size of the Manette treatment plant chamber n~mt be increased. Letter also advised that since bids had been opened, it would be to the advantage of the City to negotiate a change order with contractor--which would require increasing, the bid price by 10-12%. Also read memo from Engineer Parker recon~nending tile suggested procedure, and stating that the low bidder is a very reliable contractor and bid was 16% below engineer's estimate. b~tion by Mayor Jarstad and Commissioner Clark to authorize negotiations with contractor t~ange order. thder discussion, Engineer Parker stated that cost of the additional work would be covered by Federal participation. [btion carried unanimously. P~{KING CITATIONS IOrdinance) Clerk read (second reading) Ordinance No. 2950, AN ORI)INANCEAmending Ordinance No. 2848, so as to delete tile last three lines of the first paragraph of Section ? thereof. Motion by Commissioner Clark and Mayor Jarstad for passage of Ordinance No. 2950 carried as--~--l'6Tlows: b~yor Jarstad - Yes; Commissioner Clark - Yes. (~lay 19, 1971 - cont.) BA~!R REZONE Clerk read (first reading) AN ORDINANCE amending the use and area maps according to Ordinance No. 1792, to reclassify from Residential-One to Business-Three, property at Kitsap Way and National Avenue. ~tion by Commissioner Clark and Mayor Jarstad to approve ordinance. --Tfiscussion followed as to the base for determining the height of a proposed building, and regarding I,and Use Restrictions to be imposed, and the consensus was that tile governing ordinance would take precedence. ~tion carried as follows: Mayor Jarstad - Yes; Commissioner Clark - Yes. STREIrF VACATION - OMAITS/JENSI~N Clerk read memo dated ~k2y 19, 1971, from Asst. Attorney Gary Il. Sexton to Council regarding requested street vacation, decision on which was put over to this meeting, advising it was tile opinion of the City Attorney's office that the referenced vacation must be granted as a matter of law. blotion by Commissioner Clark and Mayor Jarstad to approve vacation, carried unanimously. FUNDING = PARK Clerk read Resolution No. 1503: A RIiSOLUTION authorizing,, application for funding assistance for a community park on Kitsap Lake, in the western part of the City. Motion by Mayor Jarstad and Commissioner Clark to adopt Resolution No. 1505, carried as Y~T~Js: ,~layor Jarstad - Yes; Conmissioner Clark - Ye.s. CLAIbl FOR I)AblAGES - TREE Clerk read letter dated blay 14, 1971, from ~{r. Leslie L. Taylor, 2403 Veldee Avenue, Bremerton, claiming damages for a Kwanzan Cherry tree which he had planted and cared for, but which was on City property, near his residence, allegedly struck by an automobile driven by Mr. S. Docken, of 2535 Veldee Ave., on Feb. 7, 1969. Total amunt of claim, $267.92, covering expenses incurred by Mr. Taylor in efforts to rePlace the tree. ~Iatter referred to City Attorney's office. OPEN ,~ UiE'I'ING Mr. Eddie Adams suggested that M~en cross-traffic is cut off at street intersections due to construction, a hood might be placed over the traffic light to avoid needless waiting when only one-directional traffic is allowed. Raised a question about amount of payment for parking violations per ordinance No. 2!)50 (read above). Comissioner Clark replied that this does not change anything; the ordinance provides tlmt tickets are $2.00 but the Judge may, by General Order, make it possible to pay only $1.00 if paid within 24 hours; also that payments made on ,~nday might be considered paid within 24 hours covering citations received on weekends. Regarding authorization to call for bids on fuel oil, suggested City might consider converting burners to handle PS200. blr. Arthur D. Smith, 910 E 30th Street, said a property across the street from his was infested with caterpillars, and inquired whether anything could be done about it. City Clerk explained that City does not have the right to go on private property, and Mayor Jarstad stated that there was an ordinance covering such Situations and it would be checked into. ,~rOR REZONE Clerk announced that it was tile time and place set for hearing on apppal, by Joseph P. ~,lentor, of l'lanning Con~nlssion reconanendation to deny requested rezone from R-1 to R-2 and B-3 of a portion of Block 1, Plat of Brentwood Park. · ~lotion by Mayor Jarstad and Commissioner Clark that hearing be opened, carried unanimously. Clerk stated that postings had been made, letters sent to property owners within 2S0 feet, and notice put in official newspaper--all as required by law. Clerk. then read: - -- 1,etter dated April 28, 1971, to Mayor and Council from Bremerton Plam~ing Commission stating that, at its regular meeting April 21, 1971, it had denied rezoning of the referenced property; that appeal was received from Mr. Joseph b~entOr on April 27, 1971, anti, in compliance with Chapter II, Section 1200 of Zoning Ordinance #1792, all papers aad doct=ents constituting the record tqoon which the ruling was made, were forwarded therewith. -- l:xcerpt from minutes of Planning Commission moeting April 21, 1971, recommending denial of the rezone petition. -- Excerpts from Staff Review (by Planning Director) dated April 21, 1971, giving conclusions--following discussion with Asst. Attorney Kamps, regarding the proposed rezone Clerk then presented Notice of Appeal from Joseph P. ~lentor to City Council dated April 26, 1971; also petition protesting the proposed reclassification signed by about twenty-two owners of record of real property within 200 feet of Lots 20 - 25, Block 1, Brentwood Park. ~,lay 19, 1971 - cont.) (Rezone - cont.) Planning Director reviewed the area on zoning and land-use maps, as well as Compre- hensive Plan map, and explained requirements re supplying site and plot.plans to Planning Comission when requesting changes in zoning; that if applicant does not furnish a site plan, the Planning Comission decides--during the hearing--whether a site pl,an is required. In response to question by Asst. Attorney Sexton, Planning Director stated the word "spot-zoning" is not defined and has been declared illegal in the Courts; that the Staff Reviews show wily the Comprehensive Plan has been deviated from in each case. Also that, in view of the unusual topography of the land, it would be difficult to say just Mint the best use would be; it depends on the development. ',layor Jarstad invited anyone to speak who supported the proposed rezone. Len Kruse, attorney for ~Ir. bqentor, stated that submitting a site plan is required by the Planning Commission but it is not called for in the City zoning ordinance; that an agency of the City Council cannot adopt rules that are not within the substance of tile ordinance, and there are no guidelines on what the plan should be. Referring to the proposed use of the property, Mr. Kruse said it is a unique piece of property and best use is probably not R-1 zoning; the proposed B-5 portion would initially be used for mobile hame sales; that, on the upper portion of the proposed R-2 area, ,qr. Mentor proposes the construction of apartments; and, due to the topography, it would be tmeconomical to construct single-dwelling homes. Commented further that, because of the grade at the freeway, it was his feeling that the best use of the property so as not to interfere with the neighbors, and in keeping with the general character of the neighborhood, would be to allow some Iow business useage of the property at freeway grade and allow some multiple residential use of the property on the hillside. Also, his client would agree to land-use restric- tions. Further, the State had appraised the area as commercial when the freeway went in. ,~lr. Ylentor gave a history of the property just prior to his acquiring it, and stated that their use of the property would clearly follow what is required in the ordinance; also, he thought the B-3 classification was very restrictive. Attorney Sexton ((requested on the record)) inquired about any lawsuit pending. ~,Ir. Kmse answered that neither be nor his client have been served; that blr. ~lentor would he the one to be served. ~lr. Val Rupeiks, of the consulting firm Clark, Coleman and Rupeiks, Seattle (who formulated the Comprehensive Plan between 1965 and 1965), stated he felt the rezone was reasonable, and suggested the Comprehensive Plan be amended to make the area "Commercial" because the freeway had invalidated that portion of the Plan. lle stated it would also rule out spotzoning. Further, the lower part of tile property shouldn't be used for single-family use. A "site plan" is one thing; a "plot plan" is somathing else; they are nsed interchangeably by the City Planning Dept. ltis client had submitted a plot plan to the Planning Commission, and it may not be a site plan as considered by the City. Referring specifically to the lower plateau of the property, he stated it was not satisfactory for the type of lmsiness which would require considerable travel to the business area; but it would be valuable for the kind of business that required a large exposure to the public such as travelled by on the adjacent highway, and the kind of business requiring a relatively large floor area but generated a small amount of traffic--and the highway fulfills the "exposure" factor. .'Iayor Jarstad invited anyone to speak who opposed the requested rezone, b'lr. lVilliam I.. Burchfield, 5681 Kitsap l/by, reported he was acting as general spokesman for the people in the area. bits. Wilbur Jesse, 1309 Crawford, said ~Ir. Mentor had re- moved ali the trees--which had made a great difference in the noise. ~Ir. Burchfield referred to a Kitsap County Superior Court decision which ruled against the previous Mentor rezone, and claimed that the City should not even be hearing anotber application. lie and his neighbors did not want any Commercial development in this area because it would open up the entire area for future commercial development. Also there was an undesirable noise factor and traffic generation that they opposed, lie volunteered to sit down with Mr. Mentor and any other people he wished to bring in and openly discuss thc possibility of a development satisfactory to the neighbors--but he adamantly opposed any business dcvelopmeut. tie objected to the fact that ~tr. Mentor had not submitted a detailed plan of the use oF the property, and claimed that the residents had the right to know what use the property would he put to. Also said that Mr. Mentor knew it was "R-i" when he bought the property. llc further stated that B-3 was declared illegal and they would go to court to defend against it. 19, 197] - cont.) ~lerlin Frohardt, Business ~.lanager for Bremers, Inc., opposed the rezone, and stated that papers in the pending lawsuit(against ~ntor) could not be served while Mr. Mentor was attending the legislative sessions--because of Legislative in~nunity; but will be done wben legally possible. blayor Jarstad stated that because of the length of the testimony and the absence of Con~nissioner Schoneman, and in the light of City Attorney's recommendations regarding tile previous test case, he felt a decision should be reserved until a later meeting when all have had an opportunity to consider the testimony presented. ~.btion by Mayor Jarstad and Commissioner Clark that hearing be closed and a decision ren-~tered at a forthcoming Council meeting, carried unanimously. BILLS .r~n by Commissioner Clark and bhyor Jarstad to pay all bills that have been approved ~ a ~najority of the Commission, carried unanimously. BID OPENING Clerk announced that it was the time and place set for opening bids on mowing equipment required by the Parks and Recreation Dept. ~iotion by Mayor Jarstad and Commissioner Clark that bids be opened, carried unanimously. [Tl~opened bid (only bid received) from Caldwell Trading Post, Port Orchard, Washington ($50.00 check enclosed), amount $737.50 (including S.$.T. and trade-in allowance). ~.~tion by Mayor Jarstad and Commissioner Clark that, in view of the urgent need for the use o-'T this mower, bid be awarded to Caldwell Trading Post (sole bidder), at the bid amount of $737.50, if City Clerk and Supt. of Parks and Recreation determine it to be a responsible bid, carried unanimously. AGI~lhXl.l~r - o[rrSIl)E WATER SERVICE Clerk presented proposed form of Agreement for water service outside the City, contain- ing a requirement (similar to the present Outside Utility Agreement-- which refers to sewerage only) that the applicant, and ali future owners of the property involved, will be required to actively support any future annexation proceedings, and will not object to the future formation of an L.I.D. for water for any district which shall include said property. Clerk stated that same had been prepared by the Attorney's' office. ~iayor Jarstad co~nented that the Agreement should go into effect immediately. ~btion hy ~[ayor Jarstad and Con~nissioner Clark that proposed Agreement be put into e .~ in~nediately upon approval by the Water Supt., carried unanimously. A~XATION - WATERStIED LANDS b~otion by ~.~ayor Jarstad and Coranissioner Clark that City Attorney be instructed to pre- pare ~e necessary instrument and follow procedures necessary to annex watershed lands as approved by the Boundary Review Board, carried unanimously. ~layor Jarstad commented that this should be done as quickly as possible in view of the approaching, busy, sumner season. Also requested City Engineer to pursue with City Attorney the matter of annexation of the other parts of these watershed lands which had not yet been approved by the Boundary Review Board. GENEI~L REPORTS Commissioner Clark:- Reported that the patronage of the experimental bus runs to the Kitsap Lake area was far below what was required, and again appealed to the public to use these facili- ties. F. xpressed appreciation to the students of the Summerhill Secondary School for their offer to paint trash receptacles on the streets. Urged tile public to thoroughly consider the "Dog Leash" law, which would be very restrictive and expensive to operate; but the issue has to be passed or rejected strictly as proposed. City Clerk:- Stated that, pursuant to passage of a House Bill (State Legislature), registration of voters, effective August 9, 1971, will be the duty of the County Auditor, acting as Registration officer for the entire County--including incorporated Towns and Cities; that this would require transferring of records, and [largaret b$organ would be engaged to assist in consolidating certain precincts, after June 1. (May 19, 1971 - cont.) General Reports (cont.) Mayor Jarstad: - A real tmlgh traffic-enforcement policy is being pursued and wanted ali citizens to be aware of it. In tile month of April, 480 traffic citations were issued--highest ever he recalled. Will give other reports at next Council neeting. The N.A.1). fence has been completely painted and overhauled. Park Department's projects are on schedule. Will be in Wenatchee Monday, with Supt. Pendergast, to attend the regular session of the Interagency Comittee for (~tdoor Recreation. Heeting adjourned at 1:20 P.H. APPROVED: G. C. Y~ton, Sr., City Clerk