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