Loading...
HomeMy WebLinkAbout01/26/82T~lpe ~245 S.ide ~2 '~ i~1023 CITY COMMISSIONERS ' MEETING JANUARY 26, 1982 Regular meeting ef the City Commissioners of the City of Bremerton, Washir!gton was held in the Council Chambers at City Itall, 239 Fourth Street, on Tuesday, January 26, 1982 at 9:00 A.M. with Mayor Gene Nelson presiding. Also present were Commissioners Bob Stewart and Tom Swanson, City Clerk Kathleen Mandie and City Attorney Terry McCluskey. Also present were members of the press and radio. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Pastor Roberrs of the Em~anual Apostolic Church. MINUTES OF JANUARY 19, 1982 Motion by Commissioners Stewart and Swanson to approve the minutes as presented, carried unanimously. AMENDMENT TO MINb~ES OF DECEMBER 22, 1981 Clerk presented an amendment to the December 22, 1981 minutes. A motion had been made by Commissioners Stewart and Swanson to allccate revenue sharing funds as follows: Handicapped Program, $12,000; Senior Citizen Referral Program, $6,000; ALIVE Program, $11,000, carried unanimously. This had been overlooked and not incorporated in the minutes. MotiOn by Commissioners Stewart and Swanson to approve the amendment as presented, carried unanimously. NOTICES OF EMPLOYMENT; CHANGE OF PAY STATUS W'illiam S. Gee, Warrant Server ~ 5A, Police Dept., $6.29 per hr., effective 2-1-82 Elvin C. Page, Electrical Inspector, Building Department, $10.70 per hr., 20 hrs. per week, effective 1-25-82 Tom Pratt, Mtr. Ptm over 5 to Detective over 5, Police Department, $11.28 to $11.81 includes 2% longevity, effective 2-1-82 Tom Ainslie, Ptm. to Detective (from 4th yr. Ptm., Police Department, $10.61 to $11.31 per hr. Marla F. Tennyson, Office Assistant III, Planning Department, 5A to 5B, $6.29 to $6.48, effective 1-1-82 Tim O'Brien, Temporary Help, $5.50 to $6.00 per hr., effective 1-18-82 Water Department Motion by Commissioner !Stewart and Mayor Nelson to approve the Notices of Employment, and Change of Pay Requests as presented, carried unanimously. APPLICATION FOR ATTENDANT LICENSE - Christina Marie Wahl Clerk presented an application for Attendant License on behalf of Christina Marie Wahl. Also read was a memo from the Police Depart- ment recommending denial of this license for reasons of falsifying her application. Motion by Mayor Nelson and Commissioner Stewart to deny the application request based on the information submitted by the Police Department, carried unanimously. 1982 BUDGET APPROVAL - CITY ATTORNEY Clerk presented a budget proposal for the City Attorney, Terry McCluskey for compensation for the periodJan. 1982. Motion by Mayor Nelson and Commissioner Stewart to approve the budget proposal as presented, carried unanimously. MARION AVENUE SCttOOL POOL USE AGREEMENT Clerk presented an Agreement with the Marion Avenue Grade School, PTSA, for use of the Bremerton Municipal Pool and instruction for a ten week program con~encing January 1982. Motion by Mayor Nelson and Commissionel Stewart to approve the Agreement as presented, carried unanimously. City Commissioners Meeting January 26, 1982 Page Two 1982 BUDGET - BREMERTON-KITSAP COUNTY HEALTH DEPARTMENT Clerk presented an Agreement for approval of the 1982 Budget allot- ment to the Bremerton-Kitsap County Health Department. Motion by Mayor Nelson and Commissioner Stewart to approve the Agreement as presented, carried unanimously. US NAVY LICENSE - USS MISSOURI Clerk presented a Government License for the beautification of the entrance to the USS Missouri and maintenance of same, which comes up for renewal in April 1982. The terms and conditions Were discussed and it was felt this would be appropriate to have renewed. Motion by Mayor Nelson and Commissioner Stewart to enter into a renewal agree- ment with the US Navy, carried unanimously. #1222 D & D INVESTMENTS Clerk stated this item of business was brought before the Council to approve certain conditions that were left from the hearing of December 22, 1981. Commissioner Swanson stated that he had abstained from prior hearings and would do so again. He left the Council Chambers at this time. Clerk read memo from Planning Director with a list of conditions for consideration. Mr. Attebery discussed the conditions with the Commissioners. Mr. Ted Gathe, Attorney, 411 E. Madison, Seattle, representing the applicant, stated they agreed with all conditions but had some con- cern regarding the completion of the development within the 36 month time-frame. He discussed the possibility of the applicant being able to return to council if some problem arose with the completion date. He also discursed the requirement set forth regarding a performance bond for the completion of the project. He felt it should be deleted. He stated no other construction project had this requirement and felt it to be a direct violation of rights. 'City Attorney McCluskey stated that he did not feel a bonding company would issue such a bond insuring the City. They will have to get a contractor's bond for the removal of the oil tanks. Mayor Nelson stated he felt that with a 36 month completion clause in the ordinance it would be binding enough. ~1528 Myrna Greene, 3702 Cartier Drive, questioned why this case was re- opened, why had other applicants not been given the same opportunity. City Attorney McCluskey stated they had the same right to ask to have a case re-opened, but had chosen not to ask. Virginia Costello, 2025 Taft Avenue, requested clarification of time limits set forth. Motion by Mayor Nelson and Commissioner Stewart that in addition to [~ recommendations set forth from the hearing of December 22, 1981, the following conditions shall be applicable: 1. To clarify G(2), change to read: "The developer shall provide not less than 272.8 feet of curb, gutter and sidewalk on 19th Street and Naval Avenue. Safe sight distance and the exact location of this improvement shall be determined by City E~gineer and Police Traffic Division to ensure safe pedestrian passage aro.und the corner at 19th Street and Naval. Engineering Department anal~"sis indicates that a location on the South side of 19th and the Wes~ side of Naval would be safest." City Commissioners Meeting January 26, 1982 Page Three D & D HEARING CONTINUED: ~. To clarify G(4), change to read: "Dedicate an easement to the City for public access across the tidelands fronting the site and dedicate a five foot access to the tidelands from 19th Street. Access from 19th shall be marked as "Public Access to Beach." 3. To clarify G(5), change to read: "Complete all right of way improvements required." 4. In place of D(6) & (7): "The developer or property owner shall demolish and remove all oil tanks and other improvements on the site which will not be retained for the ultimate development as shown in the site plan (Exhibit A). This demolition work shall be accomplished within 12 months of the date of passage of this ordinance or the property shall revert to a Residential-One zone or the most closely comparable zone." 5. In place of D(8) & (9): "The project shown in the site plan (Exhibit A) shall be completed within 36 months. If the project is not completed within this time period, the zoning of the site shall revert to a Residential-One or the most closely comparable zone. This condition may be modified by the City Council. Such modification shall only be made following a public hearing for which notice shall be given in the Bremerton Sun and to property owners within 250' of the site. The completion requirement is frc~ndate of passage of the ordinance. carried unanimously. Commissioner Swanson returned at this time. INTERLOCAL AGREEMENT WITH COUNTY-ROAD DEPARTMENT Clerk presented an Agreement between the C~y and the County Road Department for work, goods and services, an Interlocal Agreement. Motion by Commissioners Swanson and Stewart to approve the Agreement, contingent upon attorney's approval, carried unanimouslyl CITY OF PORT ORCHARD - CONTRACT FOR WATER USE Clerk read a letter from Mayor Powers of Port Orchard regarding the possible amending of the water use contract they have with the City. They were requesting the elimination of a clause that stipulates they use a minimum amount of water each year and be allowed to use when and as they need it, as they very seldom use a minimum requirement each month. Commissioner Stewart stated that another problem is that they are billed for a minimum each month and would prefer being billed semi-annually. Motion by Mayor Nelson and Commissioner Swanson to table this contract u~til next week to allow time to further discuss the matter with Mayor Powers. QUARTERLY NIGHT MEETINGS Clerk stated that at last council.meeting night meetings had been ~ approved to be held each quarter. It was requested that the last Tues- day of each quarter be set for these meetings or whenever a land use hearing might be scheduled. Council agreed with this recommendation. The press will be notified prior to the meeting. CITY POLICY & PROCEDURES MANUAL ~lerk presented the City Policy and Procedure Manual which had been compiled during the past year for approval by the City Council. This had been established to bring this requirement by the State Auditors' into compliance. Motion by Commissioner Stewart and Mayor Nelson to accept and approve the Policy and Procedure Manual as presented, and to approve two new policies presented, Small Stores Procedure and Contract re-negotiation dates & adjusting rates, carried unanimously. City Commissioners Meeting January 26, 1982 Page Four 9:30 A.M. PUBLIC RECOGNITION No response from the audience. Commissioners Reports: Co]mnissioner Stewart stated he feels the City has many vacant buildings andlis declining in its growth. He stated he felt that if the B & O Tax were reduced would encourage growth and re-- development. He stated there was $98,000 difference in sales tax revenues between the City and the County, in favor of the county. Motion by Commissioner Stewart and Mayor Nelson to re-open the 1982 budget and cutback the Business & Occupation Tax 1/10 of 1% effect- ive .April 1, 1982. Discussion: Commissioner Swanson stated that one of the things he found and recommended council consider, is that other larger cities are charg- ing in excess of 1/10th of 1% and cities of comparable size are charging 1.5%. He stressed this willcause a drastic adjustment the budget. If a decrease is felt to be necessary, something a little less than one half would be appropriate. tie expressed concern regard- ing potential staff and service cuts. Mayor Nelson stated he wanted the economy to grow and needed some groundwork for this. He would like to get more input into this from the community. Mrs. Joyce Sisk, shops in Tacoma to purchase american made clothing will not purchase foreign made items. Mary Lou Long, 2433 E. Phinney Bay Drive, agreed with Comnissioner Stewart that the City is not growing as it could and that there are a lot of reasons for this. She feels the cutback in B & 0 Tax will be an incentive. Bill Meigs, Fire Chief, asked what the impact of the loss of revenues to the City from this cutback would have on providing services and manpower. He stated there had been no increase in manpower in over 20 years in the Fire Dept., but. that the services have been increased. Mayor Nelson replied if we do not create an atmosphere of growth, we will not need a fire department. He feels there is a certain amount of gamble that must be taken'. Mr. Jim Strait, questioned the council regarding whether the county is asking for B & O tax now? Commissioner Swanson stated that he felt it was going to take more than a reduction in B & 0 tax to bring business back into the City. This reduction was going to have all impact on services, and feels we are below what other cities of comparable size are charging. Mrs. Waltherine Taylor, 2208 Callahan Drive, agreed with Commissioner Stewart. She stated as long as the President is making cuts, we have to make cuts as well. Called for the question on the motion: Mayor Nelson, yes; Commissioner Stewart, yes; and Commissioner Swanson, no. City Commissioners Meeting January 26, 1982 Page Five RENTAL OF DISTRICT COURT SPACE Clerk read a memo from the City Auditor with a proposed adjusted rate for rent of space utilized by tbe District Court for office and the rent of the Courtroom. Discussion followed regarding diff- erent methods of computation. Motion by Commissioners Stewart and Swanson to approve the proposed rate fee in the amount of $366.54, per mo carried unanimously. BICYCLE MAP FUND Clerk read memo from Bicycle Facilities Advisory Committee stating they now have bicycle route maps printed and available for sale to the public. They were requesting the income from the sale of these maps be earmarked for future use by the bicycle fund. Motion by Commissioner Stewart and Mayor Nelson to make this a line item in the budget for bicycle use, carried unanimously. RECOMMENDATION OF BID.- TRAFFIC SIGNAL CONTROL EQUIPMEN__T Clerk read memo from Communications Supervisor with recommendation of bid award for traffic signal control equipment. Conmissioner Swanson questioned the source of funding for this and wished to have it tabled for one week. LID - ALLEY BETWEEN BROADWAY & WARREN FROM 9TH SOUTH C~erk read memo from Engineer requesting date be set for LID hearing for alley repairs Broadway & Warren from 9th South, and mailing be sent to residents on assessment roll. Motion by Co~mmissioners Stewart and Swanson to approve ,Resolution #192[s?~ting date of hearing as'of 2/23/82, carried unanimously. Commissioner Stewart expressed concern regarding the interest ~ate. SURPLUS PROPERTY Clerk read memo from City Engineer to declare surplus and dispose of in the best interest of the City, one 1978 Pontiac Sunbird. Motion by Commissioner Stewart and Mayor Nelson to approve the request, carried unanimously. TAP~ HEIGHTS PERFORMANCE BOND Clerk read memo from City Engineer stating that the Housing Authority had issued a performance bond for the Tara Heights project and that now it was completed and the bond should be returned. Motion by Conmissioners Stewart and Swanson to approve the returning of the performance bond, carried unanimously. FIRE PERMIT FEES Fire Chief Bill Meigs discussed his recommendations for fees for various fire permits. He recommended a standard fee of $5.00 for permits; $2.50 for senior citizens; Land Clearing Permit Fees of $45.00 and Hot Tar Kettle Inspection Fees of $25.00 per each permit issued. Motion by Mayor Nelson and Commissioner Stewart to approve these recommendations and to add that a neighborhood-wide clean up be given a fire permit with no fee involved, carried unanimously. PETITION - RESIDENTIAL PARKING AREA- 9th BETWEEN CHESTER & BROADWAY Clerk read a m~mo from City Engineer recommending that the South side of 9th Street from Chester to Broadway be designated a resj_dential permit parking area. Motion by Commissioners Stewart and Swanson to approve this recomnendation, carried unanimously. City Commissioners Meeting January 26, 1982 Page Six CITY COUNCIL AGENDA Clerk read memo from Planning Department stating that the BACON representatives had requested the agenda be published prior to Council meeting in order to notify the community. They also questioned the necessity of department heads sitting through a meeting. Clerk stated that KBRO and Bremerton Sun will be con- tacted on Monday morning and given a list of agenda items to pub- lish/broadcast on Monday. Virqinia Costello, stated she appreciated the item in the newspaper last night, and hopes it continues. 10:30 - 10:40 RECESS ZONE PARKING ON 300 BLOCK OF SO. WYCOFF Clerk read memo from Capt. Brown recommending the 4 hour parking in this area be retained and they will continue to Konitor this for further evaluation. It was recommended that Mrs. Greene be contacted and this information given to her. WATER MAIN REPLACEMENT - HAWTHORNE AVENUE Clerk read memo from Water Superintendent stating that a water main on Hawthorne Ave. requires replacement due to age and insufficient size. Estimated cost of the project is $10,976.62 and will advertised as a work force account. Motion by Commissioner Swanson and Mayor Nelson to approve this as a work force account in the estimated amount of $10,976.62, carried unanimously. COURT OFFICE SFACE Mayor Nelson discussed the need for utilization of the space available within the building and asked for input and suggestions. He requested that Commissioners Stewart and Swanson join him as a Task Force to study the situation and get recommendations from their Department Heads. Commissioner Swanson suggested that the use of microfilming of present records stored throughout the building would be beneficial. MEADOWDALE PROPERTY Clerk read a letter from Pat Carey of the Sheridan Neighborhood Association opposing the sale of the property and urged council to #2756 consider it for use as recreational land. Mayor Nelson stated that investigation of this land indicated we had sold one acre of this land to the North Perry Water District and due to the location of the land, it would be logical for the county to purchase this and use it for park land, but, unfortunately, the county was in the same economic condition as the city. Commissioner Swanson stated he would consider leasing the land to the county with Tape the provision it be developed within three years or that we make 246 some trade of land with the county. Side 1 0007 Virginia Costello, asked about the consideration being given the well on the property and she was told it had been sold to the North Perry Water District. Pat Carey,Sheridan Park Neighborhood Assoc., re-affirmed his position regarding the use of the land in question as a greenbelt for the surrounding area, and that the Bremerton Area Plan so recommended. City Commissio~]ers Medting January 26, 1982 Page Seven MEADOWDALE PROPERTY CONTINUED: Chuck Moore, Water Superintendent, stated the property was originally ~jFji~as6'd'Yrom Mr. & Mrs. Bender in 1963. IIe has been asking to sell the land now for two years. This had been purchased with utility funds and he asked how the sale of the land to be used as a park, would affect the bond holders. It was decided this should be tabled for another two weeks. BID OPENING - ~X MEIGS FIRE STATION Andy Johnson & Co. Inc., Bid Bond, Addenda, $599,243.00 Atlas Const. Co., Bid Bond, Addenda, $554,000.00 Cedar Ridge Const., Bid'Bond, Addenda, $652,372.00 Granquist Const., Bid Bond, Addenda, $473,380.00 Hoffcon, Inc., Bid Bond, Addenda, $539,182.00 J & J Const., Bid Check, Addenda, $594,629.00 James H. Robinson, Bid Bond, Addenda, $546,121.00 Lincoln Const. Co., Bid Bond, Addenda, $529,500.00 Mar Jon Contractors, Bid Bond, Addenda, $498,000.00 O.M. Hendrickson & Co., Bid Bond, Addenda, $574,800.00 Olson Bldg. Co., Bid Bond, Addenda, $520,000.00 Prime Construction, Bid Bond, Addenda, $577,200.00 R.C. Nelson Construction, Bid Bond, $495,880.00 Saturn Construction Co., Bid Bond, Addenda, $542,848.00 Wade Perrow Construction, Bid Bond, Addenda, $540,540.00 Motion by Commissioners Swanson and Stewart to accepk the bids and refer them onto the Architect, Harry Rich, for study and recommendation in kwo weeks, carried unanimously. 11:10 A.M. DISCUSSION RE AMUSEMENT DEVICE ORDINANCE Leo Olncy, City Treasurer, addressed the council with some background ~nf~'K~7~n that lead to the recent increase in the amusement devices ordinance. It was stat~l that it had been twenty-seven years since this ordinance had been changed, or any increase made. He compared our rate structure to Seattle, Tacoma, Lynwood, Vancouver and Edmonds. Commissioner Stewart asked what the county was charging at this time and Mr. Olney replied they have no license fees at this time. Harry Jens, 2708 Perry Avenue, stated this increase was a surprise to the tavern owners, usually they are preceeded by a letter and a hearing before they are enacted. He feels this should have been done in this case. He did not feel that council had taken into ccnsidera- tion the impact this was going to have on the economy of the tavern owner. He felt they had been discriminated against, especially in light of the recent cut in B & 0 Tax. Mr. Red Brown, tavern owner at 329 So. Cambrian, feels the tax increase should have gone one step at a time instead of such a large increase. Does not believe the customers should be deprived of games to play because they cannot afford the licenses OD them. Ray McMackin, 1712 Shorewood Drive, stated he had been in business four months and that the overhead in the tavern business is hard to live with. You cannot get blood out of a turnip, we are in a recess- ion, don't increase our taxes or fees. City Commissioners Meeting January 26, 1982 Page Eight AMUSEMENT DEVICE DISCUSSION CONTINUED: ~'ii~enton, 1611 Wheaton Way, slated he had done research on his own regarding the tax fees on other cities of comparable size and feels our new rates are too high. Examples were given of lower licenses in like-size cities. Bill Martin, 520 David Drive, owner of Beach Tavern, expressed his concern that the council had not made their minds up prior to this discussion; and that he did not understand why these fees were being raised at this time. He stated that these machines give the customers something to do in a form of recreation while they are in taverns. They are games of skill. He did not understand why such a high tax being levied on the tavern owners, felt they were being discriminated against. If the City needs more money, make it a universal tax, not a selected one. Harvey Hillan,operations manager for amusement devices company, feels it is unfair that they learn about these increases after the fact, and is not sure how this business is going to stand up under these increases. Rex Palmet, 3715 Cattier Drive, discussed revenue taken in by amuse- ment machines and stated they hardly support themselves.' He felt this tax will discriminate against the small tavern owner and the older clientele who do not have big use of these machines. #1212 11:45 - MEETING RECESSED UNTIL 7:00 P.M. 7:00 P.M. - RECONVENED MEETING Those present were: Mayor Nelson, Commissioner Swanson, City'Clerk K~thleen Mandio and City Attorney Terry McCluskey. Commissioner Stewart had not returned from Seattle.and was not present at this time. CALL FOR BID - ANIMAL CONTROL - CITY OF BREMERTON Mayor Nelson stated that he would like to call for bids at this time for continuous and stable animal control operahion for the City of Bremerton. Motion by Mayor Nelsbn and Commissioner Swanson to call for bid for anima~ control operation proposal for the City of Bremerton, carried unanimously. TERMINATION OF PRESENT CITY ATTORNEY Mayor Nelson asked if all procedures had been initiated to terminate the present services of the City Attorney. City Clerk assured him that all terminations had been received and that the furniture and inventory would be finalized on Friday. ORDINANCE RE STANDARD SPECS FOR PUBLIC WORKS, for 1st reading ~lerk read AN ORDINANCE relating to the standard specifications for Public Works in the City of Bremerton and amending Section 1 of Ordinance No. 2742. Commissioner Swanson stated this updates the present Ordinance in wording only. Motion by Commissioner Swanson and Mayor Nelson to approve on first reading, carried as follows: Mayor Nelson, yes; Con~issioner Swanson, yes; Commissioner Stewart~ absent. ORDINANCE NO. R675, RE PLUMBINE CODE for second reading Clerk presented Ordinanc~y~?"3675 for second reading which amends sections of Ordinance No. 3401. oud Ordinance No. 3605 relating to the Plumbinq Code. Motion by Commissioner Swanson and Mayor Nelson tO pass Ordinance No. 3675, carried as follows: Mayor Nelson, yes; Connnissioner Swanson, yes; Commissioner Stewart absent. City Commissioners Meeting Jauuary 26, 1982 Page Nine ORDINANCE No. 3676, RE TIMM IIEYDEL AMENDMENT Clerk prosented Ordinance No. 3G'~6 for second reading which amends Ordinance No. 3215 relating to amendment of the use and area maps of ordinance No. 1792 - Timm Heydel. Motion by Commissioner Swanson and Mayor Nelson [o approve on second reading, carried as follows: Mayor Nelson, yes; Commissioner Swanson, yes; Connnissioner Stewart absent. , CALL FOR BIDS FOR CITY INSURANCE ~lerk asked for approval to call for bids for a city insurance package proposal. Motion by Mayor Nelson and Commissioner Swanson, to approve the call for bid, carried unanimously. PROCLAMATION KITTY HAWK ~lerk read a proclamation by Mayor Nelson proclaiming January 29 1982 as "USS KITTY HAWK DAY". ' AFSCME LETTER Clerk read letter from the Internation President of AFSCME stating that the non uniform employees had jointed the Teamsters and this was an official letter of notification. This was read for informa- tion ur oses and will be o f'le in the Cler 's CommiSsiOner Stewart entere~ at t~is office. t~e meeting t~me. _D~MOCRATIC CENTRAL COMMITTEE LETTER Clerk read letter from Kitsap County Democratic Central Committee stating at its January 18, 1982, they unanimously passed a motion and now direct it to the City Council: RESOLVED that the Kitsap County Democratic Central Committee urge the Bremerton City Council to place on the ballot at its earliest conveniense an election for a Board of Freeholders to form a new or revised Bremerton City Charter. Conm~issioner Stewar~ feel.: they are right. He does not feel the recently passed charter is constitutional and that a nine member council will be wild, that a maximum of 5 to 7 members would be appropriate. Commissioner Swanson agreed. Mayor Nelson concurred and stated he would advocate a seven member council and complete revision of the City Charter. Motion by Mayor Nelson and a tie second by Commissioners Stewart and Swanson, that at the earliest possible time and convenience the steps forae ~e~8 ~gs look into ~he City Charter for the updat- ing and revision and a possible change of city government, carried unanimous ly. PLANNING CO~LMISSION BOARD RECO~[MENDATIONS ~ayor Nelson stated he had received the resignation of Doug Weeks of the Planning Comm~ission Board. He was requesting approval of the appointment of Richard Sicilian; Clem Modiseth and Bob Earris to the Board. P'layor Nelson reviewed the background of the individuals proposed. Motion by Mayor Nelson and Commissioner Stewart to accept the resigna~io~of Doug Weeks and the appointment of Richard Sicilian; Clem Modiseth and Bob Harris to the Planning Commission Board, carried unanimously. 7:30 P.M. - AMUSEMENT DEVICE TAX DISCUSSION ~_~r_._ ~fi~'BVrn7 6673 Wesley Place NE, owner ~of the Quarterdeck Rest. gave background if his income and expenses relating to his business and how this increase in tax would affect him. He presented figures of income and expenses for the pas[ two years and felt this was an unfair distribution of levying taxes. City Commissioners Mceting January 26, 1982 Page Ten AMUSEMENT DEVICE ORI)INANCE DISCUSSION CONTINUED: Dick Maurice, Owner of the E1 Camino, stated no testimony had been received yet as to why the increase should be levied, but just testimony from those affected as to why they should not have the extra burden. Ron Erickson, 3249 Perry Avenue, asked what is.=the purpose of the tax, and how much extra revenue will it actually generate for the City. Ron Sellar, 1531 Crestview Drive, tavern owner in the county, stated history shows that the county fellows suit on the city tax laws. Also stated that without being an agenda item, the con~ission chose to lower the B & O taxes. Does not feel the tavern owners are getting a fair shake. Vern Jones, Ted's Lunch, stated the amusement machines cost a lot and there is no guarantee they will draw participation and now people have them in their homes. He suggested taxin? all vending machines, such as cigarette and coke machines. Richard Damschen, stated he has lived here 42 years and for years the town has not been able to grow, he feels there are people who have kept progress down. He enjoys anusementn~chines and does not want to see a higher prmce. Don Thompkins, Brother Don's, Kitsap Way, talked about all the areas of tax increase in this business. He did not feel the City needs extra money this way and tavern owners should not be penalized. Felt this tax was out of line. Jim Wenzel, 1709 Elizabeth, felt the problem here was that the machines did not produce all that much revenue for the space they are taking up in the tavern. The small tavern operator will not be able to absorb this charge. Commissioner Stewart stated he did think it should be based on vol~ne. There is not enough money in it-to tax and would like to see some re-consideration of the ordinance at this time. Commissioner Swanson stated he certainly had learned a lot about the profit . margin on amusement devices, including video machines. Be felt we had waited too long to change the tax rate and it is hard to play catch up all at once. Mayor Nelson stated several points had been raised and he does not feel we can subsidize some of the amusement companies and agreed it is hard to catch up all at once. He did feel this increase was researched well enough prior to the change. Motion by Mayor Nelson and Commiss- ioner Stewart to leave the ordinance as it presently stands and becn~Ps effective February 1, 1982. Discussion: Commissioner Stewart stated he feels we have to take a look at the volume of business and try to stay in line with other cities in the state. Commissioner Swanson felt the testimony has made it clear, that council chose to cut the B & 0 Tax this morning by one-half and feels that some compromise is in order on this tax.. Commissioner Stewart stated he wanted to withdraw his second on the Mayor' motion, and the motion died for lack of a second. Motion by Commissioner Swanson to eliminate the ordinance entirely whiJe ~t was studied further, died for lack of second. City Commissioners Mcet'ing J,~nuary 26, 1982 Page Eleven 8:10 P.M. - SEATTLE REALTY IIEARING RI']ZON]; APPLICATION Ri~]SIDENTIAL ONE TO BUSINESS TWO 2288 Clerk stated tt~ hearlng'hacl been advertised and posted according to law. Applicant was requesting a rezone from R-1 to B-2 for northern portion of site, southern portion is zoned B-3. Purpose is to construct an 80 unit motel/restaurant/office/bank (or similar use) complex on 3.9 acre site which includes site of Shorewood l~Iotor Inn (to be replaced). By Resolution No. 624 the Planning Conm~ission has reco]mmended approval of the subject application. Clerk read letter from Mrs. b]argaret Wainscott supporting the rezone request. Ken Attebery, Planning Director described the proposed project and the surrounding land use and went over the Planning Commission recommendations. ~2538 Douglas Webb, Land Plannlng Manager for the firm, stated changes have been made in ~he proposal since the first plan submitted. The size of the motel has been reduced and set back from the residential area in the north. A large buffer strip has been included at the location closest to the residents. A total of 176 parking spaces have been proposed and this far exceeds the requirements by the City. Landscaping and screening have been added to protect the unit from the residential and businesses existing now. Curbs, gutters and side- walks are no problem. He noted that as presently zoned, the applicant could establish several single family dwellings and not be obligated for any buffer strips, landscaping or improvements. Side 2 Mayor Nelson discussed the left-turn lane on Shorewood Drive and ~0007 Comxnissioner Swanson stated he felt confident in the Engineering Departmeut reconunendations. Dave Baker, Asst*. City Engineer, stated he has not reviewed the project since the last submission by the applicant, but he was aware of the intersection and its problems and felt the reconumendation by the Engr. Department was appropriate. Commissioner Stewart inquired as to the length of completion time requ4. red by the applicant for the project. He was informed the initial development of replacing the motel would be within two years and a total of four years for completion of the entire project. Bill Sharp, President of Seattle Realty, stated they would be building the motel first, the restaurant as it was already comanitted to Denny's and the office/bank building last. He discussed the sewer situation as well as the traffic problems on Shorewood Drive. Mrs. Daphney Fowler, 1139 Shorewood Drive, discussed the sewer situa- ?]~on anderosion due to development and removal of natural vegetation. Stated she is not in support of the development. Merridy Sellar, 1525 Shorewood Drive, part Of the Johnson family who originally owned all the land in the area and she indicated support of tile project and ih.9 design, Cliff Blind, 924 Shorewood Drive, a condo owner, first heard about the project in J"anuary and had a few questions to ask regarding the 5' shoulder for driveway access by the Proposed motel and would Shorewcod Drive be considered a thoroughfare in the future. D__o_u_q_ljzs__Web_b_, discussed the sewage and drainage proposals and indicated their support and cooperation. City C~mmissioners Meeting January 26, 1982 Page Twelve Mrs. D,~phney Fow]er, talked abouh the added wind that they are presently receivj. ng from traffic off the freeway and additional water run-off. Terry Smith, was also concerned with the run-off on Shorewood Drive. He also was concerned about the access to Kitsap Way from Shorewood Drive and what was to be defined as "equitable extent". To him it always meant 100% participation. tie s~ated ~e sewer & traffic are a p~foblG-~. Daye_B~hSh~_, Asst. City Engineer, explained how run-off is figured prmor to pre-conshruction and the developments requirements to main- tain pre-construction run-off conditions. Motion by Mayor Nelson and Commissioner Swanson to approve the rezone request from R-1 to B-2 with reconm~endations as set forth in attached Planning Commission Resolution No. 624, carried unanimously. CI,AIMS - WARRANTS Motion by Commissioner Swanson and Mayor Nelson to approve the Salary Fund in the amount of $252,914.61; Claims Fund in the amount of $9191.53; Special Warrants #1270, 1272 and 1273 in the amount of $462.50 and Regular Warrants #01332 - #01444 in the amount of $167,850.55, carried unanimously. KATHLEEN L. MAND10, City C]erk APPROV Tape #246 Side #2 #1416