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HomeMy WebLinkAbout02/16/77 CITY COUNCIL MINUTES February 16, 1977 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Mall, 259 Fourth Street, on Wednesday, February 16, 1977, at 9:00 A.M., PST, with Mayor Jarstad pre- siding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Assistant City Attorney McCluskey, and a member of the press. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. J. E. Henning of the Eastgate Assembly of God Church. MINUTES 0F FEBRUARY 9, 1977 Clerk read minutes of P'eb. 9, 1977. Mayor Jarstad ordered the minutes to stand approved as amended. SEPARATIONS William Chasteen, Wastewater Treatment Dept., Operator I, effective 2/i4/77; and Michael Loren Carrigan, Parks a Recreation Dept., Extra Labor, effective 2/9/77. Motion by Commissioners Stewart and Schoneman to approve separations, carried unanimously. NOTICE 0F EMPLOYMENT Thomas E. Leonard, Water Djstribution Dept., Part Time Help as required, $2.50 per hr., effective 2/9/77; and Paul Blaise Schcer, Parks & Recreation Dept., Part-Time Playleader, $2.00 per hr., effective 2/16/77. Motion by Mayor Jarstad and Commissioner Schoneman to approve Notice of Employment, carried unanimously. CHANGE 0E PAY STATUS Ann Finnegan, Accounting/Treasurer Dept., 0ffice Asst. II to Office Asst. III, $3.84 per hr. to $4.19 per hr., effective 2/7/77; and Agnes M. Martin, Police Dept., Office Asst. III to Record Supervisor (Dept. See.), $4.51 per hr. to $4.44 per hr., effective 12/27/76. Motion by Mayor Jarstad and Commissioner Stewart to approve change of pay status, carried unanimously. PAYROLL VOUCHERS Salary Fund, Gross Payroll Jan. 24, 1977 through Feb. 6, 1977, $157.787.77; and Claims Fund, FICA and Bank Service Sees, $5,120.69, both audited by John Ross. Motion by Mayor Jarstad and Commissioner Stewart to approve payroll vouchers, carried unanimously. EMPLOYEE'S RETIREMENT FUND Clerk presented Employee's Retirement Fund for March, 1977, gross amount $5,555.46. Motion by Commissioner Stewart and Mayor Jarstad to approve Employees' Retirement Fund, carried unanimously. MASSEUSE LICENSE APPLICATIONS Chin I. Freeman and Giao Thi Grant, both approved by Chief of Police and Health Dept. Motion by Commissioners Stewart and Schoneman to approve applications For masseuse licenses, carried unanimously. BID AWARD - RER00F NAD PARK HOUSE Clerk read memo from Parks Superintendent, dated Feb. 14, 1977, which recommended that the bid be awarded to Pacific Northwest Roofors as the low bidder. Motion by Mayor Jarstad and Commissioner Stewart to follow recommendation and award bid to Pacific Northwest Roofors, carried unanimously. C1TY COUNCIL MINUTES February 16, 1977 Page two CALL FOR BiDS - USED LOGGING TRUCK Clerk read memo from Water Superintendent, dated Feb. 16, 1977, which stated that the Water Dept. is in need of a larger logging truck to haul logs to Tacoma and Shelton; that there are moneys in the cumulative reserve fund to purchase a larger truck; and by trading in the smaller truck for a larger used logging truck an expenditure of approximately $20,000.00 can be expected. Motion by Commissioners Schoneman and Stewart to call for bids for a used logging truck and trading in the existing logging truck, carried unanimously. BIN AWARD - WELL CASING Clerk read memo from Water Superintendent, dated Feb. 15, 1977, which recom- mended that P g P Well Drilling be awarded the bid for well casing. It further stated that the casing has been inspected. Motion by Commissioners Schoneman and Stewart to award bid For well casing to P & P Well Drilling, carried unanimously. CALL FOR BIDS - SURVEY VAN FOR ENGINEERING DEPT. Clerk read memo from City Engineer, dated Feb. 10, 1977, which requested permission to call for bids on a new survey van and trading in 1966 Chevrolet Station Wagon. Motion by Commissioner Schoneman and Mayor Jarstad to call for bids For new survey van For Engineering Dept., carried unanimously. PROJECT ADVERTISEMENT - FITTINGS FOR RESERVOIR #17 (WORK FORCE ACCOUNT) Clerk read memo from Water Superintendent, dated Feb. 14, 1977, which stated that the Water Dept. has plans to install the connecting fittings for the new Reservoir #17 at Sandra Lane and Vena Avenue; that pipe is on inventory; and estimated cost for labor, equipment and material is $12,822.80. Motion by Commissioners Schoneman and Stewart to authorize Clerk to advertise Work Force Account, carried unanimously. MISS KITSAP COUNTY PAGEANT Clerk presented letter from Bremerton Jaycees, dated Jan. 25, 1977, which asked for an advertisement in the Bremerton Jaycees pageant program. Mayor ,Jarstad requested that copies of the letter be sent to the commissioners and discuss it further at next week's meeting. LEASE - 3rd FLOOR OFFICE SPACE - 245 4th St. Bldg. Clerk presented a form of lease for' office space for Civil Service and Grants Administrator at 245 4th St. Bldg. Commissioner Stewart requested that he be given the proposed lease to discuss with City Attorney before presentation to City Council. Clerk gave him the lease. NOTICE OF' PUBLIC HEARINGS ON COUNTY REZONES Clerk read letters from Kitsap County Planning Dept., dated Feb. 10, 1977, which stated that the Kitsap County Planning Dept. will hold a public hearing on Feb. 22, 1977 at 9:00 A.M. to consider approval of a rezone from NS 7500 MH and Light Manufacturing, to Business General, on approximately five acres located at the SW corner of K and Werner St., For the proposed use of a community shopping center; and to consider a rezone requested by Perl E. Maurer and Tom E. Deskins, owners of record of approximately 1-1/8 acre located at the SE corner of Arsenal Way and K Street. Clerk stated that copies of these letters were sent to Planning Dept. PUGET SOUND AiR POLLUTION CONTROL AGENCY BILLING FOR 1977 PROPORTIONATE SHARE OF SUPPORT Clerk read letter From Puget Sound Air Po]lution Control Agency, signed by Gene Lobe, Chairman, which stated that the amount due as Bremerton's 1977 proportionate share of support is $6,090.00. Motion by Commissioner Stewart and Mayor Jarstad to pay $6,090.00, carried unanimously. -2- CITY COUNCIL MINUTES February 16, 1977 Page three SIX-YEAR CONSTRUCTION PROGRAMS (UAB) Clerk presented letter signed by Keith Eggen, Chairman, Urban Arterial Board, which stated that RCW 35.77,010 and RCW 36.81.121 provide that each city and county shall annually update its six-year construction program and file a copy of the adopted program with the Director of Highways. City Clerk stated that hc had all the forms in his office and Commissioner Schoneman asked that it all be referred to him. SET HEARING DATES Clerk read memo from Planning Dept., dated Feb. 16, 1977, which stated that the following items of business were completed by the Planning Commission: (1) Dawson Rezone, R-1 to B-5, (interior lot, south of Ivy Road, west of Wheaton Way behind Shakey's), Resolution No. 592, recommending denial; (2) Robinson Rezone, R-1 to B-3 (North of 3711 Kitsap Way), Resolution No. 393, recommending approval; and (3) Bergquist/Whitney Rezone,R-1 to R-2, (2596 Fir, BE corner Fir/Magnuson), Resolution No. 394, recommending approval. Motion by Mayor ,Jarstad and Commissioner Stewart to set hearing dates for Dawson Rezone and Robinson Rczone on Mar. 9, 1977 and Bergquist/Whitney Rezone on March 16, 1977, all at 10:30 A.M., carried unanimously. ORDINANCE, FIRST READING, RAINIER BANK ALLEY VACATION Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3127 and providing for vacation of an alley (Rainier Bank Alley Vacation)". Motion by Commissioners Schoneman and Stewart to approve ordinance on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3343 Clerk read, second reading, "AN 0RDINANCE amending Ordinance No. 3147, Section 3 (d) and providing for increased rates for service installation of 3/4" and 1" taps". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3343 on second reading, carried as Follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3344 Clerk read, second reading, "AN ORDINANCE repealing Ordinance No. 3336, in its entirety, AND amending Ordinance No. 2994, Section 1, BMC 9.99.0i0, relating to the crime of Shoplifting AND making it a crime to aid or assist a person committing shoplifting". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3344 on second reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. MODIFICATION OF LEASE - LEYDE ~ CITY OF BREMERTON Clerk presented Modification of Lease between James Leyde and Johanna Leyde and the City of Bremerton for the purpose of modifying the lease entered into between the previous owner, James H. Schollmeyer and the City of Bremerton on the 28th day of Feb. 1973. The lease modification stated that the parties agree as follows: (1) The monthly rental for said property shall be $2?5.00, commencing on the first day of January, (2) The lease shall be on a month-to- month basis with a 30-day termination clause, and (3) All other provisions of the lease of the 28th day of Feb. 1973 shall remain in full force and effect. Motion by Commissioners Schoneman and Stewart to accept lease modification and authorize Mayor to sign ffor the City, carried unanimously. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 5720 to 5811 inclusive in the amount of $50,647.56, audited by John Ross, carried unanimously. Meeting recessed from 9:45 A.M. until 10:07 A.M. -3- CITY COUNCIL MINUTES February 16, 1977 Page four PUBLIC RECOGNITION Richard L. McCrary, representing Mrs. Kingman, asked if the City would grant an easement For rear access to property on City property on Arsenal Way; that at one time the access had been used for many years to get from Arsenal Way to N St. and the road was cut off when the new state highway was constructed. If the road were cut off, the property would be landlocked. Commissioner' schoncman stated that he had received a letter from Town and Country Real Estate concerning a pending VA sale and the owners of the houses were very upset over the access. Commissioner Schoneman recommended that the Council authorize an easement to be drawn up and he would have a survey made to deter- mine the width. He stated maintenance would be negligible but he suggested the City could use some help From the propcrby owners. He sbated further that the road needs a blacktop job and the property owners should support it. Mr. McCrary stated they are willing to go ahead with the paving. Motion by Commissioner Schoneman and Mayor Jarstad to authorize the City Attorney to draw up a proper' agreement for an easement on that road to whomever it may concern, carried unanimously. COMMISSIONERS' REPORTS Commissioner Stewart: 1. Spoke to Frank Randall and was told that several buses are beyond repair. Mr. Randall wants to sell them and asked him to come to Council and get approval to dispose of these surplus buses. Motion by Commissioner Stewart and Mayor Jarstad to declare buses surplus and dispose of in the best interest of the City, carried unanimously. 2. Water ordinance calls for 12% annual penalty on unpaid water' bills which does not affect homeowners because thay pay a late charge. The big users have not had to pay the penalty and if they do not pay their bills on time, there will be a 1% per month charge added to their bills. This will occur' after 50 days from the date of the bill. 3. Has been talking to John Sato about enlarging the second floor of the City Hall. He has given a figure of $25.00 a sq. ft. The City could either add 1100 sq. ft. at the east end of the judge's area or could fill fin the roof space entirely. This would give plenty of room for two courts plus a jury room. The District Court is going to have to pay more and he would like to have someone look at the case load because he did not think the City was getting a fair break on the 35/65% split. The court is willing to pay extra rent. This would also provide space to bring back the Civil Service and Grants Administrator's office to the City Hall. He recommended proceeding with this, getting started, and seeing what the costs are and turning it over to the City Clerk and letting him take it from here. Motion by Commissioners Stewart and Schoneman to proceed and see what the costs are and turn it over to the City Clerk and let him take it on from here. Under discussion: Mayor Jarstad stated the normal procedure is to get architectural drawings and put the job out for bid. Commissioner Stewart stated it could be put out For bid to include architectural drawings along with the bid itself. Motion carried unanimously. 4. Recommended the fines on parking tickets be changed from $1.00 to $2.00 and if not paid within 24 hours it would be $5.00. In justification of this recommendation, Mr. Stewart pointed out that it is cheaper to leave a car on the street than put it in a garage or feed the meter and the dollar' is worth so much less now than it was many years ago when the dollar ffine was insti- tuted. Motion by Commissioners Stewart and Schoneman to change the ordinance and increase the Fine to $2.00 and if not paid within 24 hours to $5.O0. Consider- able discussion followed in which Mayor Jarstad stated his main concern was that tbe downtown merchants have an opportunity to make recommendation; that he had asked for a meeting to be set up wjtb the Traffic Division but that meeting has not taken place. in the discussion it was pointed out that many people using the parking spaces were workers and were accepting the dollar ticket rather than pay. Motion carried unanimously. -4- CITY COUNCIL MINUTES February 16, 1977 Page five 5. Reduction of four-hour time limit to two-hour time limit was discussed. Commissioner Stewart recommended reducing the time to two hours and marking the tires; that there was a need to have a progressive system to discourage people from parking all day; that he had checked this morning and almost all parking spaces were taken up before 9:00 A.M. Mayor Jarstad asked for time to have the Police Traffic representatives talk to the Council concerning the control factor. Discussion was held concerning how this would eliminate meter feeders. Motion by Commissioners Stewart and Schoneman to change the four-hour zones to two-hour zones. Further discussion was held on this motion and the question was not called and the motion did not carry. The reason was that there would be discussion with Police Traffic Officers. Commissioner Schoneman: 1. Concerning 6 1/2 acres of Anderson Creek Watershed lands, Mr. Rowland and he have been discussing the terms of a proposed lease and all of the points that Mr. Rowland would llke to have in the lease are felt to be satisfactory except he would like to have 120 days before starting to make payment on the lease because it is estimated to take 100 days to clear the various permits required. Discussion was held whether or not the $300.00 would be retained by the City in the event a satisfactory lease was not signed. No final answer on this point was reached. Motion by Commissioners Schoneman and Stewart that the City Attorney be directed to prepare a lease based on the letter submitted and that the City is prepared to ]case to him and there be 120 days before payment is to be made, carried unanimously. 2. Building permits for first part of Feb., 32 permits, total valuation $304,579.00. 3. Applying for funding to remodel certain intersections and money is available as long as the City meets the requirements. All the projects met the minimum requirements. Proposal is being submitted to the Highway Administration and State Engineer. The list of projects were as follows: 6th & Callow, 6th & Naval, llth & Callow, Warren & 13th, Warren & 5th, amd Callow & Burwell. 4. Waiting for federal approval on Sylvan and Wheaton remodeling. Did include Wheaton, Broad to Riddell, design is 90% completed and all right- of-way obtained for widening the roadway. Still working toward the Wheaton improvement and got approval for 400 ft. north, an area which is still in the county, Sylvan to Broad, and to include turn movements at Sylvan and Riddell and Wheaton, have all the funding. Has a letter directed to Bob Theroux to follow through to obtain the money for the projects not funded. 5. Have a letter from a group of people which is more or less in the form of a petition to the City Council signed by 18 residents of Parkwood East. Mr. Schoneman read the letter. After reading the letter, Mr. Schoneman commented that residents were going to deliver a copy of the letter to the Bremerton Sun after 10 days, but Mr. Schoneman stated the letter was available at this time. After discussion, Mayor Jarstad suggested another plan be drawn. Commissioner Schoneman stated that he has a copy of their plat and Wick Homes in getting approval from the county for the plat showed all around the perimeter of the reservoir a 20-ft. strip for screening purposes. This is included in their own project. Some people removed their own screening and they have to be reasonable about this. The City is not going to plant trees until the reservoir is constructed. Mr. McCluskey: Last week the City was presented with a petition in regards to a request of Richard McDonald for vacation of a certain street. It was given to the City Attorney's office for review. Mr. McCluskey has been in touch with Mr. McDonald's attorney. Mr. McCluskey explained the state law which follows that at the time this plat came about in 1891 and after a period of five years, if the street is not improved, it is automatically vacated by operation of law; however, this was never legally done at that time and the area is now in the City of Bremerton. There was a lawsuit by another -5- CITY COUNCIL MINUTES February 16, 1977 Page six party on another street to quiet a title action, Mr. Parker versus City of Bremerton, and that action prevailed in quieting the title. In 1974 there was a document filed by another individual and a City resolution 1595 was passed which stated that the City was not vacating the street but it was not arguing about the fact that it was vacated. Mr. McCluskey stated he has requested Mr. McDonald's attorney to prepare the same kind of document and put it on the agenda next week. The City Council does not have the power to vacate and the petition should be denied and the other method used. Motion by Commissioners Schoneman and Stewart to deny the petition, carried unanimously. Mayor ,Jarstad: 1. Report for the Fire Dept. for the month of Jan., 200 alarms, 109 first aid calls, 20 residential calls, 15 false alarms, and 2 mercantile. Losses were very low and it was a good month for the Fire Dept. 2. Police Report for Jan., 614 arrests of which 418 were traffic. All has been documented for the commissioners' evaluation and it will go on file with the City Clerk. 5. Discussed the negotiations which have been conducted with the non-uniform employees and explained the City's position and their' offer. Stated that at this point in time, the contract has not been accepted to his knowledge, but he should know this week. BID OPENINGS - MOTORCYCLE, FIRE HYDRANTS, MOTORS & PUMPS, SURPLUS HOUSE Motion by Mayor Jarstad and Commissioner Schoneman to open bids at this time, carried unanimously. Motorcycle, Police Dept: Bremerton Harley Davidson, cashier's check For $50.00 enclosed, $2,801.90. This was the only bid received for the motorcycle. Motion by Commissioner Stewart and Mayor Jarstad to refer bid to proper committee f'or evaluation and award bid next week, carried unanimously. Fire Hydrants: Peerless Pacific Co., cashier's check for $50.00 enclosed, $8,976.11; H. D. Fow]er Co., Inc., bid bond enclosed, $8,955.12; Western Utilities Supply Co., cashier's check for $50.00 enclosed, $8,698.08; and ITT Crinnell Corp., cashier's check for $50.00 enclosed, $12,080.45 with an alternate bid of $9,855.36. Motion by Commissioners Schoneman and Stewart to refer bid to proper committee for evaluation and award bid next week, carried unanimously. Motors a Pumps: Clerk stated that there were no bids for the motors and pumps and that he would contact the junk yards to see if they might be interested :in these motors and pumps. Sale or Removal of Surplus House: Donald L. Nichols, $250.00 if furnace, duct work, washer, dryer and stove are removed; and $85.00 if furnace, duct work and appliances are left as is and become the property of the bidder. This money to be paid to Mr. Nichols by the City. Motion by Commissioners Schoneman and Stewart to refer bid to proper committee and award bid next week, carried unanimously. HEARING - FINAL, ASSESSMENT ROLL LID 320 Motion by Mayor Jarstad and Commissioner Schoneman to open hearing at this time, carried unanimously. Clerk stated he had notified the property owners in this LID and had published the notices in the newspaper as required by statute and stated no written objections had been received concerning the assessment roll. Mr. Earl Olson, 1312 Warren Ave., stated there is an obstruction at the curb, where the curb drainage comes from the center of the alley and into a catch- basin, and several cars have damaged their tail pipes or undercarriages and he would like to have repair made to a gradual slope. Commissioner Schoneman stated this would be referred to the City Engineer for checking and if repair is necessary, it would be done. There was a question by Mr. Olson that indicated -6- CITY COUNCIL MINUTES February 16, 1977 Page seven he believed the job cost considerably more than the original estimate and he was assured that the actual cost was less than $100.00 over the estimate, which made a difference of 3¢ per foot. ORDINANCE NO. 3345 Clerk read "AN ORDINANCE adopting and confirming the assessment roll for Local Improvement District No. 320, providing for the improvement of the Alley running from 12th to 13th Between Elizabeth and Warren Avenue as described in Ordinance 3229 providing for the levying and assessing for the costs and expenses thereof against the parcels and lots of land lying within the boundaries of said improvement district; providing for the collection thereof; creating and establishing a special fund therefore; and fixing the date for the issuance of bonds, warrants, or installment notes in payment thereof". Motion by Commissioners Sehoneman and Stewart to pass 0rdinance No. 3345, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes Commissioner Schoneman, Yes. PARKING TICKETS (TIME ZONES) Capt. Stratton and Sgt. Gingrey were present and stated they were in favor of raising the parking fine as the Council had done earlier in this meeting. Considerable discussion was held about going to a two-hour time rather than four hours. It was the consensus of the commissioners that it would be all right to wait and try the new parking fine rate and also have the Traffic Division meet with some downtown businessmen and get their input. NEARING - UMTA - APPLICATION EOR BUSES, FARE BOXES AND FACILITY Clerk presented The City of Bremerton Environmental Review Board for Construction of a New Maintenance Facility and Acquisition of Six New Transit Busses and stated he had published the notice of this public hearing in the newspaper on two occasions; then read the estimated costs of the various items included in the proposed application. He stated that the match ratio would be 80% UMTA and 20% local funding or UMTA, $743,939.00 and local funding, $185,985.00. No citizen was present to discuss the Environmental Review Record. Mayor .Jarstad stated that hearings are underway for the County Transit Benefit Area and the improvements represented in the application would be folded into that program if it goes into effect. Motion by Commissioners Stewart and Schoneman to close the hearing for today, carried unanimously. AGREEMENT BETWEEN CITY OF BREMERTON AND FIRE FIGHTERS ASSOCIATION Clerk presented agreement between City of Bremerton and the Fire Fighters Association for Jan. 1,1977 through Dec. 31, 1977. Motion by Mayor Jarstad and Commissioner Stewart to accept and sign agreement, carried unanimously. MENTOR INTENT TO COMMENCE ANNEXATION PROCEEDINGS Clerk read memo from Planning Dept., dated Feb. 16, 1977, regarding Mentor Intent to Commence Annexation Proceedings (Kitsap Way & Corbet Dr.), which stated the City Council must have a meeting with the annexing parties and give notification of intent to commence annexation proceedings. Certain questions must be answered at the time of the meeting between the parties. Motion by Mayor Jarstad and Commissioner Stewart to follow recommendation of Planning Dept. and set date of hearing for Feb. 23, 1977 at 10:00 A.M., carried unanimously. CHANGE OF PAY STATUS Agnes M. Martin, Police Dept., Office Asst. III to Record Supervisor (Dept. Sec.), $4.30 per hr. to $4.44 per hr., effective 12/27/76. Motion by Mayor ,Jarstad and Commissioner Stewart to include this change of pay status with others earlier in the meeting and approve it with them, carried unanimously. Meeting recessed at 11:58 A.M until 7:00 P.M. -7- CITY COUNCIL MINUTES February 16, 1977 Page eight TAPE #100 HEARING - CLARE'S MARSH (Court reporter was present) (A) Recessed City Council Meeting was called to order at 7:10 P.M. with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, and Asst. City Attorneys Sexton and Olsen. Mayor Jarstad stated this was a continued hearing on the Comprehensive Plan For the area known as Clarc's Marsh - Ron Ross. Clerk stated he had adver- tised the hearing in the newspaper and had no new correspondence. Mayor Jarstad stated he would take testimony from any interested person. Tom O'Hare, after being sworn in, stated he represented Mr. Ross, one of the land owners within the affected parcel. Mr. O'Hare questioned how committed the land owners really were in the downtown area in connection with major improvements and called attention to a memo written by former City Engineer Parker in recommending clarifying the language of the Planning Commission. Mr. Derrell Bastian stated there was not room enough for two shopping centers and warned the Council that it would be the ruination of the down- town. He asked the Council to study the comments of Mr. Schaffnit and Mr. Cottingham who had testified previously. Commissioner Schoneman and Mr. Bastian discussed the term "fatal mistake" which Mr. Bastian had used. Commissioner Schoneman pointed out that the County is gaining 20 people per day and will until 1985 and the population will increase tremendously. Mr. Bastian stated that with all the figures that were given to the Council the consultants still came up with the conclusion there was not room for two shopping centers. Mayor Jarstad gave comments from information gained while he was in Washington, D.C. on the holdup of grant funds for the widening of Wheaten Way which was due to the delay in annexing the area. Project will certainly be delayed one year. Commissioner Sehoneman dis- cussed the improvements plan for Wheaten Way and the various intersections there. Mayor Jarstad stated action must be taken on the EIS as to whether it is adequate or not and opened the matter for discussion. No discussion followed. Motion by Commissioners Schoneman and Stewart to accept the EIS that is before the Council as adequate, carried unanimously. Mayor Jarstad stated the next action was to take up the adoption of the Comprehensive Plan as adopted by the Planning Commission. Commissioners Stewart and Schoneman stated they had read the document and believe it addresses the matter. Motion by Commissioners Stewart and Schoneman to accept the findings of fact as adequate as presented by the Planning Commission, carried unanimously. Mayor Jarstad spoke at length about the historic background of the Clare's Marsh area bringing the matter up to this date. In his presentation, he mentioned the fact that there was inadequate zoning in the downtown core to take care of the necessary retail sales that are going to take place. He noted that there is an area near the K-Werner intersection composed of 25 acres that is coming up for rezone in the county for a shopping center. He noted that the fastest growing high-density area is north of the City and with the adoption of the Kitsap County sewer plan and the adoption of North Perry, Silverdale and Bremerton water plans, there will be solid homes in that area. Commissioner Stewart discussed the Future growth and direction of business and warned that unless adequate shopping is provided more people will be going to Tacoma to shop when the four-lane highway is completed. He also stated that all the developers he has talked to have told him they do not want to invest in the downtown. He stated that business is booming as noted jn the sales tax returns. Stated it is a shame that there are not adequate shopping facilities for people. Commissioner Schoneman gave a detailed account of the improvements that have been made by the City in the downtown area: street and sidewalk improvements, widening, cutting through, and planting trees for beautification. Re spoke of his plans to revitalize the waterfront. He pointed out that there CITY COUNCIL MINUTES February 16, 1977 Page nine was no other use for the Clare's Marsh land than for a shopping center. Motion by Mayor Jarstad and Commissioner Stewart to adopt the Comprehensive Plan as presented and adopted by the Planning Commission, carried unanimously. After the motion, Mayor Jarstad stated that in connection with the adoption of the Comprehensive Plan that he feels the same way as the two commissioners that this area is commercial; that it has been so designated in the past by the County; and will meet a need for commercial zoned land in that area. He stated he believes the downtown area will survive, will be upgraded and will be a very positive force in the business area of Kitsap County. Mayor Jarstad stated the next action to be considered would be the adoption of the zone classification as adopted by the Planning Commission with the restrictions put into their recommendations. Mr. Sexton stated that if there was going to be a motion that it be a motion taken in light of the Planning Commission's conclusions of their actual motion, in other words if they recommended five restrictions it seemed to Mr. Sexton that the City Council is going to follow the recommendations of the Planning Dept. that these recommendations should be read aloud first so there is no question as to the exact terms of the pro- posed B-3 classification. City Clerk read the conditions as set out on page six of Resolution 380 starting with Letter "D" and read the five conditions set forth under this Letter "D". Mr. O'Hare stated he would like to discuss the suggested changes as recommended by the City Engineer's letter dated Dec. 16, 1976. Mr. Bastian objected because he had never had an opportunity to study this. Mr. Bastian's objection was upheld and Mr. Parker's memo was not read into the record. Some discussion was held as to the action to be taken at this time. Mr. Sexton explained the intent of the Planning Commission at the time of drawing ap the findings of fact and conclusions. Me talked about the resolution and what it was to accomplish. There was a discussion about what route the building plans were to take. Considerable argument ensued and Commissioner Schoneman explained there is a regular procedure for review. The reason for the discussion was that the recom- mendation of the Planning Commission had been that the approval should be conditioned on submittal to the City of Bremerton Planning Commission and the City Council for review and approval prior to issuance of a building permit of layout plans and review of appropriate measures, etc. In the discussion it was pointed out that this would prolong considerably any issurance of a building permit and Commissioner Schoneman stated there is a regular procedure which plans must go through in their review. Motion by Commissioner Stewart and Mayor Jarstad to ignore the document known as memo of William Parker, City Engineer, dated Dec. 16, 1976, carried unanimously. There was a discussion as to whether the hearing should be reopened to take testimony on the zoning classification. Mr. Sexton stated if the hearing was opened again there will likely be considerable legal argument as to whether the matter should be heard by the City Council and the Planning Commission in connection with the issuance of a building permit. Commissioner Stewart recommended amending the five conditions by taking out the words "Planning Commission and City Council" wherever they occur. Mayor Jarstad stated he would take the attorney's recommendation not to take any more testimony. Motion by Commissioners Stewart and Schoneman that upon annexation, the property be designated as R-1 and B-3 zones respectively, adopt numbers one through five of Planning Resolution 380 and eliminate in paragraphs two, three and four the words "Planning Commission and City Council" and sub- stitute "all departments that are usually required to review plans prior to obtaining a building permit", carried unanimously. Assistant City Attorney Sexton asked if all commissioners had reviewed the findings of fact as submitted by the Planning Commission. The three commissioners answered "Yes". Before adjourning Mayor Jarstad made some -9- CITY COUNCIL MINUTES February 16, 1977 Page ten direct comments to the parties involved in this hearing and stated because of the delays, the fifth laning will not be constructed this year and that those who were involved with the delays will have to bear some of the burden when there are accidents and injuries on the Wheaton Way area. Commissioner Schoneman introduced Mrs. R. J. Smith, the owner of the property on which has been placed the Wheaton Way Mall. Meeting adjourned at 8:30 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -10-