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HomeMy WebLinkAbout11/24/81 "[ COUNCIL Side 1 o662 APPROVED 8 1981 CITY CO~tMIS, SIONERS' MEETING NOVEMBER 24, 1981 Regular meeting of the City Commissioners of the City ofY Bremerton, ~ashington, was held in the Council Chambers at City ~all, 239 Fourth Street, on Tuesday, November 24, 1981 at 9:05 A.M. ~fth Mayor Glenn Jarstad presiding. Also present were Commissioners Tom Swanson and Bob Stewart, City Attorney Terry McCluskey and City Clerk Kathleen L. Mandio, Also present were members of the press'and radio. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Mayor Jarstad. MINUTES OF NOVEMBER 17, 1981 Motion by Mayor Jarstad and Commissioner Stewart to approve the minutes of November 17, 1981 as presented, carried unanimously. NOTICE OF ~PLOYMENT , CHANGE OF PAY STATUS Notice of Employment S~aron Sue Mantey, Seasonal - Art Instructor - Parks Department, $4.50 per hr. effective 11-23-81 Change of Pay Status Russell Rasmussen, Engineering, CE 1-13C to CE 1-13D, $11.03 per hr., effective 11-13-81 Bill McKenney, Crew Leader/Forester, Water Dept., 13C to Pay Plan B $10.71 to $11.27 per hr., reclassification per 11/17/81 council action retroactive to 10-27-81 Virgilio Andrade Ibarra, Serviceman II, 9C to 9D, $8.46 to $8.71 per hr., effective 11-26-81 CLAIMS FOR DAMAGES - RICHARD DAMSCHEN; MRS. DORIS LAWSON; RLM INVESTMENTS Clerk presented a Claim for Damages for Richard Damschen in the amount of $184.80; a Claim for Damages for Mrs. Doris Lawson in the amount of $208.86; and Claim for Damages for RLM Investments in the amount of $159.34. These have all been sent for Department Reports and will be forwarded to the insurance company. 0705 REQUEST FOR BID CALL - WEST SIDE FIRE STATION .Bill Meigs, Fire Chief, stated he would like to have authorization for sale of bonds for the construction of the West Side Fire Station. He stated the specs will be completed in mid-December and it was hoped construction would start in mid-March. There i~ also available $300,000 in Trident Funds. ~ Commissioner Stewart indicated the interest rates are dropping and felt this was to early to out to market for bond sale. He felt we should wait 2-3 months or longer. Mayor Jarstad requested a meeting be set up for Monday, November 30, with representatives from Bond Finance,the City, as well as the architect, to prepare a time schedu'te zor this project. UMTA BUS GRANT/SIX NEW TRANSIT VEHICLES Clerk read memo from Grants Administrator stating the City of Bremerton received an Offer of Grant Award from the Urban Mass Transportation Administration in the amount of $800,000 to assist in the acquisition of six new transit vehicles. Attached were four copies of the Grant Agreement for signature. Motion by Commissioners Stewart and Swanson to approve the signing of this agreement by the Mayor, carried unanimously. RATE SCHEDULE PRESENTATION - BILL LITTLEJOHN Bill Littlejohn presented a rate schedule of fees for the year 1982 for _ approval to council. Motion by Commissioners Stewart and Swanson to approve the rate schedule as presented, subject to verification and final review on Decamber 8th, as well as the acknowledgement that the filing was done on time, carried unanimously. City Commissioners Meeting Noven~ber 24, 1~81 Page Two ~:30 A.M. - PUBLIC RECOGNITIDN Mr. Tom Welch, a bidaer on the'security project for the parking garage and' s~immln~ pool, requested a waiver on specs on the basis of the gross revenue requirement of $100,000 per year and five years experience. He stated his firm was relatively new and did not meet this requirement, but that he had submitted a bid for the job.~ Commissioner Stewart stated this could not be done at this time, that we had to review the bids as submitted and would make a determination either to accept or reject all bids. Mr. Tom Watkins, owner-operator of the Missourri Shuttle Service stated next Ma~ he would be purchasing a double-decker vintage bus to cummete people between the ferry and the ship. He now has rented a spot to park his shuttle bus but with the large one, he will need some space in the yellow zone as well. He submitted a letter to the council regarding this matter. Council requested he work with Police Traffic. LETTER-FROM INVESTMENTS BY D& D Clerk'read letter and petition of names submitted by D & D Investments with their request that council reconsider their hearing on the basis of the Dane parcel of property only. Discussion followed regarding the legalities of re-openeing the request and after legal advise, it was felt this could be done. Motion by Mayor Jarstad and Commissioner Swanson to hold an advertised ea~g to review the merits of re-opening the hearing and if approved hold the hearing at the same time, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, no; Commissioner Swanson, yes. 1562 Mrs. Virginia Costello, Taft Avenue, stated the neighborhood had indicated their support in the removal of the oil tanks and possible improvement to the Dane property. She questioned why reviewing just the Dane property was not raised at the prior hearing. Mr. Glen Davis, D & D Investments, stated they were not aware of an alternative proposal and whether or not it would be cost-effective to make this proposal at the time of the hearing. He indicated their support of working.on the traffic and atreet improvement situation. 1660 EVERGREEN LEGAL SERVICES LETTER Cler~k read letter from John Tracy regarding the decision of the arbitrator Mr. Leonard Kruse, in the Leyde billing situation. It was determined the City would be responsible for one charge in the amount of $25.00. Motion by Corm~issioners Stewart and Swanson to have the City take care of its obligation in this matter, carried unanimously. Mayor Jarstad indicated he would send a letter to Mr. Tracy on behalf of the council for his efforts in clearing up this matter. KITSAP CONSOLIDATED SERVICES LETTER Clerk read letter from Kitsap Consolidated Services indicating they are ready to proceed with the building of an addition onto their build- ing which is on City property. Discussion followed with Ken Attebery, and Mayor Jarstad advised him to contact these people to submit their site plan through regular chanels. City Commissioners Meeting November 24, 1881 Page Three LETTERS SUPPORTING' BICYCLE PROGRAM Clerk r~ad into the re~ord, letters from Denise R. McKelvy; Charles W. Pickering; Noel A. Barrett and Gary F. Fischer indicating their support of the retention of the bicycle coordinator and program. BID AWARD -OFFICEMACHINE MAINTENANCE Clerk read memo from Asst. Purchasing'Agent recommending Al's Office Machine for the contract for the year 1982 being the low and acceptable bidder. BID AWARD - LEGAL PUBLICATIONS Clerk read memo from Asst. Purchasing Agent recommending the Bremerton Sun be awarded the contract for 1982 being the only and acceptable bidder. BID AWARD - PROPANE GAS Clerk read memo from Asst. Purchasing Agent recommending Buckey Gas Products Co. for the contract for the year 1982 for propane gas and ~ .: accessories used with tanks as gaskets, valves, gauges, etc. Motion by Mayor Jarstad and Commissioner Stewart to approve the above aw"~s as recommended by the Asst. Purchasing Agent, carried unanimously. BID AWARD - GASOLINE & CLEANING SOLVENTS Clerk read memo from Asst. Purchasing Agent reconunending award of the contract for 1982 to Wilkins Dist. Discussion followed and it was recommended that the Clerk check into the possibility of splitting the award. A report will be made at the next meeting. BID OPENINGS Chlorine & Ammonia Penwalt Corp., Tacoma - Bid Bond - Liquid .2454 lb. $100 deposit ammonia .37 - $2.20 ton Jones Chemicals Inc., Tacoma - Bid Check - Liquid .245 lb, $100 deposit ammonia .30 $200 cylinder deposit Van Waters & Rogers - Bid Bond - liquid - did not bid ammonia .275 4.75 LTL rate Lubricating Oil & Grease Andor Distributing, Inc. Bid Check - Lube oil 10/wt 3.01 20-40 3.00 grease 7.22 Tran. oil 2.90 diff. .479 Torque 3.51 Wilkins Dist. Bod Check - Lube Oil 10/50 2.65 20-~40 2.65 Grease 6.08 Tran. oil 2.65 Diff. .509 Torque 2.40 Security GUard Services - Parking Garage & Swimming Pool United Security Servic~s,'Inc. Tacoma - Bid Check - $1100.67/mo for parking garage $6.35 hr. - $115/mo swimming pool S & S Security Services, - Bid Check - $1,080/mo for garage - $6.75 per hr., - no bid on swimming pool Pinkerton's, Seattle - $1170.75/mo parking garage only Alexie's Locksmith, Bremerton- Bid Check - $1300/mo parking garage; $75/mo swimming pool; $7.50 per hr. Tires, Tubes, Over Road-Services No Bid received. Redi-Mix Concrete Bremerton Concrete Products, Bremerton, Six pages of itemized bids. Motion by Commissioners Stewart and Swanson to refer the bids to the ' Pur'~sing Agent for recommendations, carried unanimously. City Commissioners Meeting November 24, 1881 Page Four ELIMINATION OF ONE WAY ALLEY 200 BLOCK ~VYCOFF &" C~LLOW Clerk stated that sh~ had the recommendations of the Engineering Department and Police Traffic to approve the request to eliminate the one-way alley on the 200 block of Wycoff and Callow. -Motion by Commissioner Stewart and Mayor Jarstad to accept the recomme~ions and eliminate the one-way status of the alleyto a two-way status, carried unanimously. BID AWARD - AIR CONDITIONER FOR THE COMPUTER ROOM Clerk read a memo from Data Processing Manager reconunending the acceptance of the low bidder, Lent's Inc., with its bid for a five ton unit which will give sufficient redundancy to allow a compressor failure without halting operations. -Motion by Commissigner Stewart and Mayor Jarstad to accept the recommendations for the bid award to Lent's Inc., carried unanimously. 1841 LETTER FROM DEPT. OF NAVY RE JOINT AUTHORITY OVER FEDERAL PROPERTY Clerk read a letter from the Department of the Navy stating under concurrent jurisdicition, the State and Federal government concurrently exercise the same authority and both may take jurisdiction over a~iven offense committed on federally-owned property. The area in question comprises the Naval Regional Medical Center and Jackson Park Housing Area. Mayor Jarstad stated this would increase the police safety workload as this area is not within the city limits. Commissioner Swanson stated that it could include street light maintenance and water services as well. It was determined that the full impact of what the city would be responsible for and how reimbursement from the Navy would be handled, should be discussed in more detail with the authorities. Motion by Mayor Jarstad and Commissioner Stewart to schedule a meetin'~'~h the proper naval officials and city personnel, for early next week, carried unanimously. BUDGET ADJUSTMENT REVENUE FUND 502 Clerk read memo from Data Processing Manager requesting a budget appropriation adjustment in the amount of $35,060, due to enderestimated expenditures and income shortfall. It was stated that their would be anticipated sufficient revenue to balance the budget. Attached was an Ordinance relating to this request. Motion by Commissioner Stewart and Mayor Jarstad to approve the ordinance on first reading, carried unanimously. 10:25 10:45 RECESS 2025 HEARING: CITY/COUNTY PROPOSED' ORDINANCE RE JOINT HOUSING AUTHORITY Clerk stated this had been an advertised hearing to take testimony regarding the proposed ordinance for a Joint City/County Housing Auth- ority. Clerk read into the record, letters from the Housing Authority of the City of Bremerton dated Oct. 8, 1981, Kitsap County Prosecuting Attorney dated Nov. 2, 1981, Bremerton/Kitsap County Housing Rehabilita- tion Program dated Nov. 10, 1981, Kitsap County Prosecuting Attorney dated Nov. 16, 1981, and a letter from the Kitsap County Board of Commissioners dated Nov. 23, 1981. At this point, Mayor Jarstad opened the meeting for testimony. Mr. Bob Kennedy, 5879 Dora Street NW, stated he had served as a member of the Board of Commissioners for the Housing Authority for 18 years. He feels they have ~erved the area- well providing low income housing for elderly, etc. He spoke regarding Section 4 on the proposed ordinance relating to the appointment and tenure of commissioners. -- City Commissioners Meeting November 24, 1981 Page Five HEARING CONTINUED: ~. Bill Mahan, Kitsap County Commissioner, 614 Division, Port Orchard stated he had the highest regard for the Kitsap County Housing Authority Commissioners and stated they ~ere doing an excellent job. He stated 3-4 years ago it came to their attention there was a movement regarding 2375 housing authorities in the State of Washington, for a change. He stated this ordinance has been adopted by all smaller cities county with the exception of Bremerton. The smaller cities will receive benefits from this joint venture as well as Bremerton in the area of competition for Block Grant funds. He cited the State of Oregon where the city officials are also the officials for the housing authority. He stressed this ordinance should be adopted by the city before the first of the year, pending a legal opinion from Mr. Moser of HUD to see if it can be done and revoked if it is not legal. He expressed the need for improved productivity and communication. Commissioner Swanson questioned who retains the ownership of real property involved once the debt obligations are met, does it go to the county Tape or revert to the city. Mr. Mahan felt the property belonged to the 237 Housing Authority, not to the City. Side 2 0020 Mr. McCluskey discussed the possible conflicts of interests in having elected officials sitting in both capacities when rezones of property hearings, contracts, etc. were involved. He stated there will be times when the city representatives will not be able to sit in on a decision making meeting due to this conflict, as well as county officials. Mr. Owen Lofthus, Director on Kitsap Council on Aging for 10 years, stated he has worked with the Housing Authority for this period of time and has good raport with them and would like to see in continue as it is. He wants the politics eliminated. Mr. Art Anderson, 1712 Ohio, feels that once the current system is dissolved, who will know what will happen. He prefers a civilian board over political entity. He would like to see the city retain control. Mr. J. Skirving, 1555 Marguerite Avenue, stated he participated in the original buying of the land for Westpark. He stated that today they 0850 have 436 rental units with a valuation of $40-50 million dollars. He commended Mrs. Wegsteen on having done a remarkable job during her years in office. He felt the new city charter should also be considered in making a decision in this matter. Paul Powers, Mayor of Port Orchard, stated elected officials could make an unDiased decision in regard to the Housing Authority~ He urged passage of the ordinance. Mr. Darrel Griek, Director of Kitsap County Rehabilitation Program 31 Galyan Drive, spoke on how the Housing Authority has been used as a vehicle for handling grant monies and was concerned about conflict of interest as well as appearance of fairness that this would expose in possible grant monies. Gerald ~atasich, Attorney for the Housing Authority, 420 Cline Avenue Port Orchard, expressed his concern for the possible problems that would come from the proposed ordinance and stated seeking a legal opinion from HUD. He could not imagine this being passed withbut that legal opinion. Nancy Wood~Mahan, 103 Rockwell Street, gave a brief history of the creation and progress of the Housing AUthority, from 1937 to present. She felt this proposed ordinance with joint officials was the answer to being able to handle the housing block grant monies and that there would be no conflict. She indicated strong support and stated this ' ordinance would eliminate a Pine Road occurring again. She ~elt elected officials could'work best with HUD. City Commissioners Meeting November 24, 1981 Page Six HEARING CONTINUED: 1800 Mrs. Be~-Wegsteen, 1106 Ha~ward Avenue, retiring Executive Director of BHA~ stated she does not think there is enough time at the present being spent on the HA business. She stated at the present time there are no HA rentals in the Port Orchard area as their council did not pass a Cooperation Agreement. She stated the City of Poulsbo passed a resolution that they did not want public housing. The City of Winslow has 60 units that a private contractor built and through all council maneuvers, took Dim over 3 1/2 years to complete. She felt we should wait for a legal opinion before making a decision. Mayor Jarstad asked Mrs. Wegsteen regarding ownership of the real property and she stated if the city wants to dissolve the HA, at that time, they become the owners. She stated they have over the years developed a private fund and used these monies to develop the build The Firs area, for low income 1965 elderly housing and that would also revert to the City. Commissioner Stewart stated he felt that the HA should come before the council and give a report from time to time. Mayor Jarstad stated ~at we need a legal opinion from HUD regarding this ordinance and the ownership issue. Gerald Matasich,stated he has to have his opinion before January 1, 1'~82 and feels he will receive his opinion by then and would be in touch with the Mayor. Michaele Hosea, 1544 Elizabeth, asked if by making the changes as the ordinance is indicating, would it mean more entitlement monies would go to the cities outside of Bremerton, rather than to the rehabilita- tion of the City. Darrel Griek, also questioned the Block Grant Fund monies going to the county rather than the City. Mr. Mahan stated this will not affect Block Grant monies. Mr. Mike McCormick, Manchester, stated he lives near a low income project and was concerned about the question of asset ownership being answereed. He felt the present HAwas doing a very good job. He urged a Board that would be in touch with the needs of the people. He felt a citizenry advisory board is necessary, and that the political leaders would be efficient and act in the public interest. Tom Welch, President of Board of Apartment Operators, 830 1/2 Sixth, spoke on behalf of his organization against the proposed ordinance, and expressed concern about the tax money Bremerton now receives from this. He discussed the current Board and their advocacy for low income people. John Tracy, asked if there were any advantages to the City. He discussed the c0nfllct of interest as a elected city official and HA Board official. He questioned if this would affect Federal Funding. He felt the current Board and Administration do a good job. City Commissioners Meeting November 24, 1981 Page Seven HEARING CONTINUED: Larry Eyer, Kitsap Community Action Program, stated from his point of view, the present HA has done a really good job in all areas, from Tape housing to day care, etc. 238 Side 1 Commissioner Swanson stated he felt this ordinance expresses a need 0010 for a change in the HA. He discussed many problems that have developed between the HA and the City. Mayor Jarstad asked City Attorney Terry McCluskey to resolve the questions regarding: 1.1 The accumulated assets of the HA in the event of the change; 2.~ What HUDS response to this proposal would be, and; 3.) The questionf of payment in lieu of taxes. He urged his immediate attention and hoped that a response could be obtained within a couple of weeks. Mr. McCluskey stated the ordinance could contain language regarding the assets. Motion by Mayor Jarstad and Commissioner Swanson to close the hearing at"~s time and reschedule for 2-3 weeks pending the attorney's 0570 report, carried unanimously. WHEATON WAY AT LEBO INTERSECTION IMPROVEMZNT M-6589 Clerk read memo from City Engineer with attached Supplement No. 1, to formally request grant funding to allow construction phase of the project to proceed. Funding for preliminary engineering was authorized previously by the execution of the original City/County Agreement. Motion by Commissioners Swanson and Stewart to approve the Supplement No. 1, carried unanimously. PICNIC TABLES - SMITH PLAYFIELD Clerk read memo from Colleen Donley, Block Grant Coordinator requesting an additional week to obtain all information necessary to report to council regarding the cost differences in various grades of wood. This will be rescheduled for next week. "STREET CLOSURES FOR SLEDDING Clerk read memo from Ray Foley, Parks Department Superintendent, with attached listing of streets for closure in the event of snow. This has been approved by the City Engineer and the Engineering Department. Motion by Mayor Jarstad and Commissioner Swanson to approve the list as presented, carried unanimously. CITY POLICY GOVERNING OVERTIME& COMP TIME Clerk read memo from A. Tiberio, Personnel Director, listing provisions for the accrual and payment of overtime for City employees. After approval, an ordinance will be prepared and presented to council. Motion by Commissioners Stewart and Swanson to approve the recommendations as presented, carried unanimously. ORDINANCE NO. 3662 RE HANSEN REZONE, FOR SECOND READING Clerk presented Ordinance No. 3662, for second reading, which amends the use and area maps of Ordinance No. 1792, Hansen Rezone, from R-1 to R-2. Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3662, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE NO. 3663 RE CHANGE IN LAND USE RESTRICTIONS - BORNS GROCERY Clerk presented Ordinance No. 3663, for second reading, which amends Ordinance No. 3283 to approve a change in land use restrictions for Born's Grocery. ~tion by Commissioners Stewart and Swanson to pass Ordinance No. 3663, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. City Commissioners Meeting November 24, 1981 Page Eight 'LEASE- GENERAL ELECTRIC CORPORATION Clerk pre~en~ed~a Lease between the City and General Electric Corp. for use of property on Gold Mountain. She stated she had been nego- tiating with them for a couple of months and felt they had a good viable lease. Motion by Commissioners Stewart and Swanson to approve the Lease as presented, carried unanimously. ~ LETTER FROM-L & L TRANSPORTATION INC. Clerk read letter from L & L Transportation Inc. indicating their intent to do business in the City of Bremerton transporting ferry passengers on their coach to and from the USS Missouri and requesting the use of the parking facilities required. Discussion centered around the area in question for parking and felt this should be referred to the Police Traffic Division for their recommendation. IBM CONTRACT - BREM~RTON MUNICIPAL COURT Clerk presented for approval, a contract between the City and IBM Corp. for the purchase of the equipment presently being leased by the Municipal Court Office and a maintenance contract for same. Commissioner Stewart stated the purchase monies should be taken from Cummulative Reserve and the maintenance contract monies come from General Fund. Motion by Commissioner Stewart and Mayor Jarstad to approve the purchase of the equipment and the maintenance contract, carried unanimously. STORM' DAMAGE CLAIMS - A. ABLITT; D. BELL; M. HAWKINS Clerk Stated these three claims had been receivedbecause of the heavy rains of October 6, 1981 and she read recommendation of the Wastewater Dept. Superintendent whereby he stated that these homes also had their roof drains connected to the home service sewer lines and felt the City should not be responsible because of this overload into our system. Motion by Commissioner Swanson and Mayor Jarstad to accept the recommenda- t~'~f the Wastewater Supervisor and deny these claims, carried unani- mously. Clerk was instructed to write to the claimants and advise them of this decision. 0980 CLAIM FOR DAMAGES - MRS. DORIS LAWSON Clerk presented a Claim for Damages on behalf of Mrs. Doris Lawson for sewer backup damages to her home on 11-3-81 in the amount of $280.86. Also read was the department report from Wastewater Facilities stating the City was never notified of the problem; the roof drains were also connected to the sewer outfall lines and the new sewer ordinance makes it property owner's responsibility from the home to the main line other than for a broken pipe. Motion by Commissioners Swanson and Stewart to accept the recommendation of the Wastewater Department and recommended denial of this claim, carried unanimously. PROCTORS' ENTERPRISE PROPOSAL Clerk read a letter from D. Proctor of Proctors' Enterprises offering for consideration, a new type of Controller which would be available for use in pump stations. Commissioner Swanson stated he was familiar with this new Controller and that the City had tried many various other models in the past with very little success. This type of Controller is of the type necessary which would eliminate the problems recently occured in Pump Station 13 and he was in favor of the proposal. Motion by Commissioners Swanson and Stewart to accept the proposal/offer with legal approval, in the amount o~<~.!;~,~ Mr. McCluskey stated this is not a problem as it is under the bid amount, it is a unique item he is patenting, Mr. Proctor is not voting to give himself the sale and there has been full disclosure. City Commissioners Meeting November 24, 1981 Page Nine BILLS Motion by Commissioner Stewart and Mayor Jarstad to accept the Special Warrant Register #27482 in the amount of $1,028.23, audited by the City Auditor and Regular Warrants #27605 - #27810 in the amount of $320,670.58, audited by Darlene Herrmann, carried unanimously. COMMISSIONERS REPORTS: Commissioner Stewart stated he had received a letter of inquiry from Mr. Steve Harvey of Th~rston County regarding possible use of our Data Processing system and he will pursue this and report back later. City Attorney Terry McClUskey stated that the ordinance re pornography submitted by Mr. Hess was unconstitutional.~ Also discussed was the necessity of having proposed ordinances come before the council prior to sending to his office for preparation. City Clerk stated that through Womens' Network, she was notified that a downtown babysitting service will be offered free for the Christmas shopping season. Meeting recessed at 2:45 P.M. to reconvene at 7:00 P.M. 7:05 P.M. RECONVENED MEETING PROPERTY OWNERS OF HARKINS PLACE APPLICATION FOR REZONE FROM RESIDENTIAL ONE TO BUSINESS TWO City Clerk read into the record the Planning Commission Resolution No. 607 recommending denial. She stated that 35 advisory ballots had been mailed, 15 returned. A letter from Mrs. Margaret Carey, Secretary of the Sheridan Neighborhood Assoc. was read into the record recommending denial. A letter from Mr. John Hawk, with an attached petition of residents of the area, was read into the record stating their objection to any commercial development within the area. Mrs. Patricia Rude, a property owner within the area, sent a letter which was read into the record, objecting to the rezone. Mr. William Palmer, representative of the Property Owners, introduced a letter at the meeting to council requesting a continuance of the rezone applica- tion until after the first of the year. His request was based on a recommendation of the Engineering Department to change the ingress into the project and that he had not had time to modify his site plan. Discussion ensued and it was the recommendation of the council to continue the hearing as advertised and posted, with the consideration taken that the site plan would be modified if approved. Mr. Attebery asked the Clerk to read into the record the recommendations of the Planning Department to approve the rezone with conditions. Mr. Attebery stated that the subject property was located at the SW corner of Sylvan Way and Wheaton Way, a cul de-sac, end the purpose was to construct a two-three story professional office building, with the existing residences to be removed and Harkins Place to be vacated. He stated the Engineering Department had re-analyzed the proposal and had made recommendations regarding a different location of the access entrance. Mr. William Palmer, Planning Consultant representing Property Owners, stated the plan was supperted by the Comprehensive Plan and the Planning Department Staff. H~ felt the change in traffic flow would improve the entire area, as it provided additional lanes to handle the traffic. The site was proposed for professional offices and would general low traffic volume. Discussion followed regarding turning lanes and traffic congestion in the area. Mr. Palmer stated building would be as far away from residential as possible with parking setbacks 25' from property .lines and a buffer area. He felt there was no threat of further businesS' expansion in the area. City Commissioners Meeting November 24, 1981 Page Ten HARKINS PLACE HEARING CONTINUED: ~e stated the noise level from across the way to the present mall is a deterrent to the present property owners and they were not willing to live there. Commissioner Swanson discussed the length and width of the proposed turning lane and felt it to be inadequate. He discussed the problem of the homes standing empty and how the traffic and noise affected their attractivenes~ to rent. Mr. Arvi Mantyla, Solie Avenue, spoke in considerable detail against the rez0ne application and its implications of future business rezon- 2530 ing of neighboring properties. He discussed the traffic problems, and presented a petition of 241 siqnatures of property residents within the area who were also in oppositi6n. Tape 238 Mr. David Warehem, 1111 Dibb, stated he was also in opposition to the Side 2 rezone. He stated the houses in Harkins Place are rentable. 0006 Mrs-Brownh~ll, 1109 Dibb, stated she was in opposition .tQ this rezone. Yt is d ~in~le family residential area. Wm. F. Lewis, neighbor to proposed land to be rezoned, does not want to see this request approved. 0350 Mrs. Eva Magnuson, 3247 Solie Avenue, against rezone and likes it the way it is. Traffic onto S61ie is bad now. Mr. Earl Schindler, 3252 Herron Avenue, felt that if this rezone were granted that it would be just a matter of time before other pieces would also be requesting changes. 0580 Mr. Howard Reegan, 1105 Dibb, expressed his concern over the encroach- ment of the zoning to business as it related to adjoinin properties Mrs. GeneveieveFerguson,lll4 E. 33rd, expressedher objection to ~erezone. ' Mr. Frank TObaski, 3310 Solie, lives directly below the proposed project and is concerned over the disruption of the slope of the land and run- off problem. He stated he was totally against the project. Mayor Jarstad stated the Council has heard this request several times and each time testimony received from the residents indicates they are quite concerned over the commercial zoning encroaching on their property, the increase in traffic and the associated problems and each time the council has been quite sympathetic to them and have .~upported their position. Motion by Mayor Jarstad and Commissioner Stewart to deny the application"~rezone based on the testimony given and the recommendation of the Planning Commission, carried unanimously. Meeting adjourned at 9:35 P.M. ~THLEEN M_ANDIO, ~ City Clerk APPROVED: