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HomeMy WebLinkAbout02/09/77 CITY COUNCIL MINUTES February 9, 1977 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Hall, 259 Fourth Street, on Wednesday, February 9, 1977, at 9:10 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. Steven Scott of Silverdale Lutheran Church. MINUTES OF FEBRUARY 2, 1977 Clerk read minutes of Feb. 2, 1977. Mayor Jarstad ordered the minutes to stand approved as amended. CHANGE OF PAY STATUS Donald E. Proctor, Wastewater Dept., Warewater Supervisor, $8.59 per hr. to $8.64 per hr., effective 2/2/77; and Susan D. Corbett, Parks a Recreation Dept., Part-Time Playleader, $3.00 per hr. to $3.50 per hr., effective 2/9/77. Motion by Commissioners Stewart and Schoneman to approve Change of Pay Status, carried unanimously. TAXICAB DRIVERS LICENSE APPLICATIONS Lynn Anton Cullup, approved by Capt. Johnson for the Chief of Police; and Jeanette Marie Zaleski, approved by Capt..Johnson for the Chief of Police. Motion by Commissioners Stewart and Schoneman to approve taxicab drivers' licenses, carried unanimously. CLAIM FOR DAMAGES James D. Grigar, $1,319.31 for damage to car and additional costs. Clerk stated that a memo had been sent to the Street Dept. and he is waiting for an answer from them. He also stated that a copy of the claim had been sent to the insurance company. CLAIM FOR AMBULANCE SERVICE, Dec. 26, 1976 - Jan. 75, 1977 Clerk presented claim for ambulance services for Dec. 26, 1976 through Jan. 25, 1977. Motion by Commissioner Stewart and Mayor Jarstad to approve payment for ambulance service. Under discussion: Commissioner Stewart stated that this was a six-month trial period and something should be done about it soon. Motion carried unanimously. REIMBURSEMENT, DAMAGED CITY PROPERTY Clerk read letter from City Auditor, dated Jan. 31, 1977, which stated that he has attempted for several years, with negligible success, when a defendant has in connection with an incident damaged City property to have this included in the court file for possible restitution by the defendant; that somewhere there should be a provision for inclusion of this information in the court case. Motion by Commissioner Stewart and Mayor Jarstad to submit this to the City Attorney For research to answer City Auditor's question to the City Council, carried unanimously. SURPLUS COUNTER Clerk read memo from Municipal Court, dated Feb. 8, 1977, which stated that the Municipal Court has a five-ft. wood work counter which should be declared surplus for disposal. Motion by Mayor Jarstad and Commissioner Schoncman to declare counter surplus and dispose of in the best interests of the City, carried unanimously. CITY COUNCIL MINUTES February 9, 1977 Page two BID AWARD - 3/4 TON PICKUP FOR WATER SUPPLY Clerk read memo from Water Superintendent, dated Feb. 7, 1977, which recommended awarding bid to Kluge Chevrolet Co. for $4,546.19, which was the low bidder, and include trade-in. Motion by Commissioner Bchoneman and Mayor Jarstad to follow recommenda- tion and award bid to Kluge Chevrolet Co., carried unanimously. CALL FOR BIDS - Valve, Pence, Print Machine Clerk read memo from Water Superintendent, dated Eeb. 5, 1977, which requested authorization to call for bids for the purchase of a 12" Clayton 210G-16AB Altitude Valve and Dual Micro Switch Assembly to connect the reservoir to the transmission line. He also read a memo from the Water Superintendent, dated Feb. 7, 1977, which requested authorization to call for bids for the installation of 805.2 Ft. of 6 ft. chain-link fence around Reservoir #5 at Forest Ridge Park and at Reservoir #14 located on Ironsides and East l7th. Clerk then read a memo from Acting City Engineer, dated Feb. 7, 1977, which requested authorization to call for bids on a new print machine and declaring the one being used now surplus. Motion by Mayor ,Jarstad and Commissioner Schoneman to follow recommendations of Water' Superintendent and Acting City Engineer and call for bids, carried unanimously. BID WAIVER REQUEST - MOBILE TWO-WAY RADIOS FOR COMMUNICATIONS SHOP Clerk presented requisition from Communications Shop, dated Feb. 7, 1977, which requested authorization to purchase two Mobile two-way radios under State contract. Motion by Commissioner Schoneman and Mayor Jarstad to approve purchase of two Mobile two-way radios, to be reimbursed from Trident Impact Grant Funding, carried unanimously. BID AWARD - TWO 1/2 TON PICKUP TRUCKS FOR PARKS DEPT. Clerk read memo from Parks Superintendent, dated Feb. 7, 1977, which recommended that the bid be awarded to Haselwood Buick Pontiac, the low bidder at $8,087.62, and include trade-ins. Motion by Mayor Jarstad and Commissioner Schoneman to follow recommendation and award bid to Haselwood Buick Pontiac, carried unanimously. R/W WHEATON WAY - BROAD TO RIDDELL Clerk read memo from City Engineer, dated Feb. 4, 1977, which stated that Firestone in Los Angeles has agreed to cancel transaction for the 6-foot of R/W on the west side of Wheaton north of Broad St. No sidewalk will be constructed under Broad/Riddell 5th laning, on west side, from Broad to north boundary of Parker Lumber property. Motion by Commissioner Schoneman and Mayor Jarstad to cancel transaction. Under discussion: Commissioner Schoneman stated that 5th laning can be installed by putting it right on the property line; that sidewalks will not be constructed in this area. However, there will be the full width of the street and the street will be constructed as per plan. Motion carried unanimously. SALARY INCREASES FOR CITY COMMISSIONERS Clerk read letter from City Attorney, dated Jan. 11, 1977, which stated that any salary increases for the mayor or commissioners must be by ordinance and such salary change is not to be effective until the next term of office. A lengthy discussion was held with various ideas and comments being made and the consensus was that a reasonable salary schedule could be placed in an ordinance, if found to be legal by the City Attorney's office, with a base of approximately $24,000.00 for two commissioners and an amount a little higher for the mayor. The mayor's salary since the Charter was adopted has always been a little higher than the commissioners. The thought concerning the $24,000.00 as a base was due to commissioners' feeling they should make approximately as much as the higher paid supervisors who work -2- CITY COUNCil MINUTES February 9, 1977 Page three under their responsibility. Then based on the set amount, which would be paid for the first year, there was proposed to be an increase of 7% per year or cost of living increase not to exceed 7% if the consumer price index was in fact less. No definite action was taken except to ask that the City Attorney's office research the question of the legality of passing such an ordinance. During the discussion it was noted that Commissioner Schoneman did make a suggestion that in order to start out more or less even with their supervisors, the first year's salary should be $24,000.00 plus approximately 7% and then follow the formula for the following three years. PETITION RE: MCDONALD VACATION OF STREET (DEAD END EAST 11th ST.) Clerk presented petition from Rich and Virginia L. McDonald, Bremerton Boat Service, for Vacation of Street at the dead end of East 11th St. Motion by Commissioner Schoneman and Mayor Jarstad to refer petition to City Attorney's office to determine whether or not this petition meets the provisions of State law governing street vacation, carried unanimously. Meeting recessed from 9:58 A.M. till 10:05 A.M. PUBLIC RECOGNITION Beverly Mussman, 3200 East 29th St., asked questions concerning water supply and what conservation methods might be undertaken by the people. Commissioner Schoneman gave an accounting of what is being done to increase the water supply through repair of the well and new well construction by PUD. He stated that the City needs about three weeks of good solid rain and it appears as though there will be restrictions on sprinkling. Commis- sioner Schoneman also suggested there could be a higher rate for those who use over 500 cu. ft. in order to cause people to conserve water. Mayor .Iarstad spoke about the water energy needs and of the concerns on a national scope which he learned about while he was in Washington, D.C. He stated that Senator Jackson will bet he strongest person relating to energy. Commis- sioner Stewart stated the City should take care of its own people and stay within the City limits because there are more costs than the income covers. Mayor Jarstad stated the needs of the people run outside the City limits and noted there has never been a situation like this regarding the shortage of water for over 50 years. Commissioner Schoneman stated that last year the water dumped over the dam was double the capacity and he would rather furnish surplus water to those who require it than dump it over the dam into the bay. Gene Lobe, County Commissioner, asked the City Council to reconsider its decision to disregard the original plan for the Complex Sewer Facilities Plant. A lengthy discussion was held and Mayor Jarstad stated that he had looked at the contract with CH2M Hill and he could find no language in the contract that the County and the City of Bremerton are separate entities. IIe asked the City Attorney if either entity could direct CH2M Hill to void the contract and Mr. McCluskey answered that the County and the City are named as the client and he does not feel that either party can direct CHgM Bill to do anything without an agreement between the City of Bremerton and the County. Commissioner Schoneman stated that on Jan. 13, 1977, there was a meeting for the Complex Sewer Facilities and everyone was represented; that Sewer District No. 5 stated they would not go into it and Port Orchard was unsure of their decision. He stated that the last question he asked was can we have an answer by Feb. 1, and someone said yes; that Feb. 1 was set as the day Port Orchard must have an answer for the City. He stated further that not once did Port Orchard request a delay of the City's action and he felt that Bremerton should go ahead with its own plans. More discussion followed on the legality of the City of Bremerton going its own way and Commissioner Lobe again asked that the City Council reconsider its decision. CITY COUNCIL MINUTES February 9, 1977 Page four BID OPENING Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, and then hold the hearings on Dick, Branch, and Schuyler, in that order, carried unanimously. Reroof NAD Park House: Vern's Roofing, $50.00 personal check enclosed, $3,809.88; and Pacific Northwest Roofers, $50.00 cashier's check enclosed, $2,757.05 for cedar and $2,557.36 for spruce. Motion by Mayor Jarstad and Commissioner Stewart to refer bids to proper committee for recommendation at next weck's meeting, carried unanimously. Well Casing: United Supply Co., certified check for $50.00 enclosed, $9,814.13; P&P Well Drilling, cashier's check for $50.00 enclosed, $7,303.14; and State Pipe and Supply Co., cashier's check for $50.00 enclosed, $9,654.43. Motion by Commissioners Schoneman and Stewart to award to the low bidder providing he meets all specifications, carried unanimously. MINUTES CONTINUED ON PAGE -4- CITY COUNCIL MINUTES February 9, 1977 Page f'ive HEARING - MICHAEL L. DICK - REZONE Clerk stated he had advertised and posted the hearing as required by ordinance. Clerk then read Planning Commission Resolution No. 388, minutes of the Planning Commission hearing, dated January 18, 1977, and the Staff Review and Recommen- dation. Also, read letter dated February 9, 1977, from Glenn L. Vockrodt, 1409 Marlowe Avenue, Director of Planning & Development, Manette Peninsula Neighborhood, asking for denial of the rezone. Ken Attebery, Asst. Planning Director, used a map showing the location and related zones in this area; talked about the sight distance and said it was worse at Callahan than at the property of Mr. Dick. Also, stated he didn't think the two accesses would cause problems in that area. Commissioner Stewart said that any traffic in that area is a mistake. Mr. Attebery commented that traffic generated from the office will not be much different than an R-2 developed on that site. Mayor Jarstad stated a business would never generate the amount of traffic as in a residential development. Commissioner Stewart stated he would not want a heavy traffic generator such as a McDonald's. Mr. Attebery informed the Council that this would be developed as an office and the site plan would be recorded with the ordinance. Commissioner Schoneman stated that since the school has been upgraded it will be there for a long time and discussed the traffic in the area; stated a solution might be to make it one-way on Wheaton Way, for that section and bring traffic through to Sheridan Road at another location. Mayor Jarstad cautioned that the neighbors would have a voice if cars were brought through their neighborhood. Mr. Attebery discussed the large stand of fir trees. The keeping of trees was a consideration when the R-2 zone was approved and he would like to have the developer spot the trees which are to be kept, on the plan, and save as many as possible. He said he thought parking stalls could be moved around to save some of the trees. PETITIONERS Mr. Gary Chrey, Attorney, with Kruse firm, 304 Medical-Dental Building, spoke in favor of the rezone for the petitioner. Mr.Chrey stated the business would not be operated more than twelve hours a day which is less than R-2; there would be no retail establishments; also, there would be a portion leased out but this would be for general office activities rather than a store. The lower floor would be for office space rather than business acti- vity. Stated there was office-type activity occurring in this area and the district had no objection to the proposed development. He stated they are aware of the trees on the property and have attempted to preserve as many as possible. Relating to traffic, they would be willing to cooperate with the Traffic Division and accept any restrictions that would be appropriate. Recommended the City Council approve the rezone and go with the Planning Commission on their recommended approval. Michael Dick, owner, Spot Realty, P. O. Drawer E, Port Orchard, pointed out that a 29-unit apartment would generate more traffic; also, he proposed to build a low-profile building and it would take up less space than an apartment building. Stated he would save all the trees possible. Cormnented that traffic is no problem to them as there is very little movement in their business; the office would be used for residential sales. Said they were more than willing to work with the Traffic Division for proper ingress and egress. Commissioner Stewart asked if Mr. Dick had any objection to put a restriction to eliminate any retail type of business in there and he said he had no objection but understood if he wanted to in the future that he would have to get approval from the city. Mr. Dick showed the site plan which indicated elevations; ideal for daylight basement. OPPONENTS: None. Motion by Commissioner Schoneman and Commissioner Stewart to allow the rezone with provision that there be no commercial establishment placed in and only for office building and trees be retained by the owner with a site plan being presented prior to a building permit being issued, carried unanimously. -5- CITY COUNCIL MINUTES February 9, 1977 Page six BARRY D. BRANCH - Preliminary Plat (Program "30" East) Clerk stated he had advertised and posted for this hearing; then read the minutes of the Planning Commissioner Hearing held January 18, 1977, and read Planning Resolution No. 391. Also, read a letter from Clarence and AIice Shockro authorizing Phil Best and Gordon Reynolds to represent them. Clerk read two letters, one from Margaret L. Carey, 109-B Oak Street, in opposition and one from Barry Branch, applicant. Mr. Branch stated in his letter that he had asked for an easement for the purpose of installing a storm water line on the most direct route across the Shockro property to E. 29th Street. Mr. Attebery gave a brief outline of the proposal and the property, and showed the proposed plat. Mr. Branch spoke concerning the preliminary plat and stated he will fully comply with city requirements. Stated he has been working in cooperation with everyone concerned to solve the problem of storm water; has a route for sanitary sewer line. Said he had received no reply to his request of Mrs. Shockro for a storm line easement; however, he promised the storm water problem will be solved. Commissioner Stewart asked if he had any objection to the recommendation made by the Planning Commission. He stated he had none. He mentioned the park area which he intends to give to the city and stated he had no objection to limiting the number of residences. OPPONENTS: Mr. Gordon Reynolds, attorney, stated Mrs. Shockro's answer to Mr. Branch's request is in the negative. He quoted from a letter he had received from her, wherein she stated there were problems with the access roads, both with E. 30th and Rickey Road, which is very narrow. Mr; Reynolds stated a road shown on the plat would go across Mr. Conn's property; and reiterated Mrs. Shockro's request for a full EIS before the City Council gives approval. Mr. Reynolds also stated he had been advised the Sheridan Neighborhood desires to have a maximum of three dwelling units per acre and there will be seventeen units on this site. Mayor Jarstad commented on the tremendous storm drain problem regardless of who builds on that property and it is in the public interest to solve the drainage. Also, he noted that Mrs. Shockro will not give an easement when Rickey Road problem is the lack of right-of-way. Mr. Reynolds stated Mrs. Shockro is interested in using what bargaining power she has left until she is satisfied that Mr. Branch's development meets all the required needs. Commissioner Schoneman stated nothing will be done until all these conditions are satisfied. He said he felt the plat would increase the value of the neighborhood; and that there are always problems when a plat is created but they have to be solved; and Mrs. Shockro will have problems when she plats her five acres. PROPONENT: Doug Smith stated Mrs. Reece has property in the area; went on record as having no opposition; would be a very nice addition to the neighborhood. Mr. Branch discussed density and pointed out he has projected a little over three per acre which is extremely low and the difference between 15 or 17 houses would be difficult to detect. Mr. Branch discussed ingress and egress and noted that if he hadn't given an easement across the south end of his property his neighbor wouldn't have a way to get in and he didn't see why it should be a problem now for them. He said his access is not dependent on any other than East 30th and any other access will be a plus factor for him and his neighbors. He did not believe that Rickey Road was insufficient width for passing another car without pulling into a private driveway. Commissioner Schoneman commented that the residents should pay for the street to be improved. Mr. Joe Mentor stated the preliminary plat should be approved, would result in needed housing in the fairly expensive higher quality single family class; that being concerned whether 15 or 17 houses is nonsense. OPPONENT: Hank Clark, 118 Oak, stated nobody in the area is opposed to progress; but neighborhood has been meeting for three years and have brought in experts on sewage; discussed the sewage problem which he said was serious; also, talked about the drainage conditions. Stated the people want to know all the details -6- CITY COUNCIL MINUTES February 9, 1977 Page seven and the only answer is a complete EIS. Complained of narrowness of Rickey Road. State Mr. Branch had changed density from 9 to 15 to 17 and this is not nitpicking. The area has asked for a moratorium for a long time on hooking up to the sewers. Considerable discussion followed relating to roadway on Rickey and storm sewers and sanitary sewers. Commissioner Schoneman related the current status of a proposed bypass line direct to the plant. Defense remarks were made by Commissioner Schoneman relating to the sewage treatment plant which, he said, met the standards when built in 1948 and it was the most updated plant money could buy. Commissioner Stewart commented that DOE had held up the proposed improvement for three years waiting for a regional plan. Mr. Schoneman said the plant will be eliminated in the future. Ethan Schuyler, Route 7, Box 311B, B.I., stated he owns three and one-half acres on the hillside and had some discussion about running Mr. Branch's drainage on their hillside and they are agreeable to doing that, which has been one of the major complaints. This would benefit all of the property owners. The proposed line would be a buried line according to specifications. Discussion was held on what restrictions were on preliminary plat. Commissioner Schoneman talked about the requirements of sanitary and storm sewers and access. All phases will have to be approved before a building permit is issued. Mayor Jarstad commented that storm drains will help to dry up the properties including Mrs. Shockro's property. Mr. Waring, Acting City Engineer, described the type of drainage which would be required to do the Job and which would be an under- ground type; also, that the best solution would be to go through Mrs. Shockro's property. He stated this would make the ground below Mr. Branch's property more valuable. Would pick up the drain on the east Motion by Commissioner Schoneman and Mayor Jarstad to accept this preliminary plat, carried unanimously. ADDITION TO DRAFT SHORELINE MASTER PROGRAM - (Sheridan, Lebo, Tracyton Beach Road) Clerk stated he had advertised and posted notices. Ken Attebery, Asst. Planning Director, outlined the request for adding the small area to the program; discussed the present designation as set out in the Kitsap County Master Program, "Conserv- ancy Environment"; discussed the designation thought most appropriate by the Sheridan Neighborhood for future parkway, "urban conservancy/recreational"; and gave Planning recommendation A: The shoreline within the Schuyler Annexation Area from a line 30' northeasterly of and parallel to the northeasterly margin of the Tracyton Beach Road right-of-way to the line of extreme low tide of the Port Washington Narrows should be designated Urban Conservancy/Recreational and B: The shoreline within the subject annexation area lying upland from the above described parcel should be designated Urban Residential. Lions Playfield area is already designated "Urban Conservancy/Recreational". Considerable discussion was held concerning the roadway centerline. This was an important discussion because the recommendation of Mr. Attebery was to have "Urban Conservancy/Recreational" on both sides of the roadway. The actual road right-of-way has not been established. Mr. Attebery stated the 30' recom- mended could be reduced to 15' as the land couldn't be built on anyway. Mr. Ethan Schuyler stated their buildings are to be within 40-45 feet and suggested making it to 15 or 20 feet. Commissioner Schoneman stated there would be no sidewalks on that side of the property. PETITIONERS: Mr. Victor Wowaras, Real Estate, for Dave Meyers, and agent of sellers and pur- chasers of the subject property; stated he has no objection to establishing a 15' piece of ground dedicated to "Urban Conservancy/Recreational" designation. Spoke of the problems which might occur should the roadway be closer to the water. He said the survey was not established although a request was made and that is why the situation isinthe present bind. He suggested using the right-of-way line as the line. Margaret Carey, 109 Oak Street, stated the city has not complied with statutes and have not had enough hearings. Mr. Attebery discussed this point and stated the city has complied; that all that is being discussed is an addition to the program and the only requirement is one public hearing in the locality. Mr. -7- CITY COUNCIL MINUTES February 9, 1977 Page eight Carey stated his wife wondered why they didn't wait until the Shoreline Manage- ment Review Board Hearings were held. Mr. Attebery stated one of the reasons for this review is because there is only a county designation and this hearing should have been held at the time of the annexation. Mr. Wowaras read from a letter from Mr. Rowe and Mr. Eckert of the Attorney General's Office which stated in part that if the designation is not resolved today the matter would be remanded. Mr. McCluskey conmented that the city failed to take the proper action at the proper time and that is why this is before the Council today. Mr. Wowaras pointed out that Mr. S. B. "Pat" Carey's name has appeared as being in attendance at workshops. Mr. Hank Clark, 118 Oak, stated there have been a lot of hearings but there have been so many changes and they didn't know who they have been dealing with; also, changing of site plans. Pointed out there were some very serious problems concerning the road centerline that need to be resolved. Mr. Pat Carey, 109-B Oak, talked about the 1966 comprehensive plan; said this designation should be taken before the Park and Recreation Commission as it has not been talked about by that group; noted there is a considerable difference between "County Conservancy" and "Urban Conservancy". Stated there may be a walkway in the future and will need some area on the upper side of the road. Stated this is a unique piece of property; more thought should be given to this little piece. Stated not arguing against the apartments but not sure what is wanted in the future. Called attention to the fact there is more land going west to be considered in the future. Commissioner Schoneman commented that Mr. Carey should talk with the county commissioners about the county land as it is not possible for the city to acquire and, unless the county acquires the land, it will come in to the city piece by piece. Mayor Jarstad discussed the acquisitions of land in the area and this makes it possible to be available to the public with no "keep off" signs. Stated there is a bank here and the question is whether to keep 15 or 20 feet up the bank; want to leave enough land so the trees and vegetation will be kept there. Mr. Wowaras talked about his integrity and that of Schuylers; stated they have owned the land for forty years; costs $2,000 per day for delays; barn was removed; land was cleared off the industrial site; donated property to widen Sheridan Road. Offered two newspaper articles and asked that they be placed in the record. Motion by Commissioner Schoneman and Mayor Jarstad to go back 30 feet from the northeasterly margin of the Tracyton Beach right-of-way to the line of extreme low tide with Urban Conservancy/recreational and the balance of shoreline lying upland to be designated Urban Residential, as recommended by the Planning Dept.. Discussion followed about the fact that the right-of-way has not been established and Mr. Wowaras suggested perhaps should go to 15 It; however, Mr. Attebery stated this might not be enough to protect the marine drive. Mayor Jarstad stated this was not too much land and is only a minimum setback; that he has heard that the development will be 40 or 45 feet back f'rom that area and he would like to stay with the Planning Commission recommendation of 30 feet. Mr. Attebery stated that the site plan shows at least 40 feet back from the property line; because of the imperfect information drew back another 10 feet. Mr. Wowaras stated if the road is built on the edge then could have a problem and asked if the City Council would act expeditiously if the need to do so arose to reduce the amount of Footage. Motion carried unanimously. MINUTES CONTINUED ON PAGE NINE. -8- CITY COUNCIL MINUTES February 9, 1977 Page nine WATERERONT WALKWAY Commissioner Schoneman introduced Mr. Bignold, of the ORB Firm in Renton, and gave a background for having him do this study. Mr. Bignold had three illustrated schemes with variations which he showed and discussed. He stated that it would be possible to put a vehicle on the walkway from 2nd St., which would be about 15 or 16 ft. wide. He also gave cost factors which were not considered to be accurate but he said they would be about $900,000.00 and it would decrease by about 20 to 50% if heavy fire pumpers were not used. The scheme had various benefits depending on how much development was desired, items such as the fishing pier, view point, small shelters, and tie-up places for watercraft. Also, with scheme 3 there potentially could be a commerical restaurant. Commissioner Schoneman asked Mr. Signold if he included only the hardware and construction costs and used forest products from the City, how much could be taken off and he stated material itself is probably around 40 %. Mr. Bignold stated that boating related improvements are eligible for funds through the State IAC. Commissioner Schoneman asked Mr. Bignold if he could see any other possible use for the waterfront besides what is being proposed because no fill of any kind can be placed there. Mr. Bignold stated he did not think there was any other way to do this from a recreational viewpoint. Mr. and Mrs. Loken and Mr. Joe Mentor both talked about the schemes. Mr. Mentor being totally in favor of such a plan and Mrs. Loken having some reservations concerning their own use of their property, including privacy. CAPITAL IMPROVEMENT - SWIMMING POOL Mayor Jarstad stated that the Parks and Recreation Commission met on Jan. 25, 1977 and stated they had held a number of interviews over the past few years for a firm to design a swimming pool and that the firm of ORB has been considered as the outstanding firm. Mayor Jarstad stated he would like to have the City Council concur because there is a close deadline in meeting IAC grant rules. The mayor asked Mr. Bignold to have his firm schedule for the commissioners to tour and view swimming pools that they have designed. Commissioner Stewart stated he would like to see the improvement designed so that the operational costs of the facility axle paid for by the users. Mayor Jarstad stated it was very important to come to some decisions because df the City gets into the site location, it will be necessary to know what can be planned. ANDERSON CREEK LAND LEASE City Clerk presented a proposal from Canamera Pacific, signed by Herb Rowland, to lease Anderson Creek Waterland which had been previously advertised for $750.00 a month plus a leasehold tax on a term of five years renewable to a minimum of 20 years subject to City charter or other regulations. Attached to the proposal was a cashier's cheek for $500.00 representing a deposit of 5% of the first year lease amount. Other lease conditions for consideration were set out in his proposal. Discussion was held on Mr. Rowland's proposal and Mr. Rowland stated his offer was "first refusal rather than a straight option". Commissioner Schoneman stated he had talked with Mr. Rowland after Mr. Rowland had contacted the City Clerk. Motion by Mayor Jarstad and Commissioner Schoneman that the City Council evaluate this proposal and get in contact with him and give an answer by the next Council meeting date who is to make contact with him. Motion was withdrawn by Mayor Jarstad and Commissioner Schoneman. Discussion was held tin the first right of refusal and Commissioner Stewart suggested that the City should go ahead with negotiations now. Mayor Jarstad stated he could see nothing wrong with going into negotiatibns at this time. Clerk stated he had advertised this property on at least two occasions and Mr. Rowland stated there was a sign on the property concerning its being for' lease. Motion by Commissioner Stewart and Mayor' Jarstad that negotiations start with Mr. Rowland and he has first right of refusal, designate Commissioner Schoneman as negotiator, carried unanimously. Meeting recessed from 5:00 P.M. till 7:06 P.M. -9- CITY COUNCIL MINUTES February 9, 1977 Page ten Recessed City Council Meeting was reconvened at 7:06 P.M. with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, and Assistant City Attorney Olsen. HEARING - PROPOSED CHANGE 1N 1966 COMPREHENSIVE PLAN IN SHERIDAN PARK Motion by Mayor Jarstad and Commissioner Stewart that the proposed change of the 1966 Comprehensive Plan in the Sheridan Park Neighborhood be held at this time, carried unanimously. RESOLUTION - ENDORSEMENT OF A JOINT REGIONAL BONUS HOUSING PROJECT Clerk read letter from Assistant Planner, dated Feb. 9, 1977, which stated that the four county Puget Sound Region has received a Bonus Community Development Block Grant to be used for housing; that this bonus money is limited and the six ,jurisdictions felt that a joint application fox the bonus funds would result in a better use of the money that if each juris- diction were to pursue the limited dollars. The intent of this proposal is to use the bonus dollars to acquire property, either raw land or structures which can be rehabilitated, and thereby writing off this cost in the eventual development of subsidized housing on this site. Mayor Jarstad and Ken Attebery gave a brief outline of this project and Mr. Attebery stated that it would be government-owned. HEARING (continued) Clerk stated he had advertised and posted as required by law. He then read the Planning Commission Resolution No. 387 and Planning Commission Minutes of Jan. 18, 1977. A letter signed by Richard Weld, dated Feb. 6, 1977, was read into the record, which stated that he was in favor of changing the Comprehensive Zoning Plan from R-2 to R-1 for the Sheridan Park Neighborhood. Andrew 0lsen, Asst. City Attorney, asked the Mayor and Commissioners questions concerning their ability to be fair and impartial in the hearing. Commissioner Stewart offered to withdraw from the hearing and it was not believed necessary. No one in the audience challenged thc Commissioners on the grounds that they may live in the area and be partial or biased. Mayor Jarstad explained how the proposed change got before the Planning Commission, which was by motion of the City Council at a hearing on a rezonc on Lobe Blvd. He explained the area is R-1 but the Comprehensive Plan shows it as R-2 and the Mayor stated it was the feeling of the general public at the hearings that the area should not be considered as R-2. Mr. Attebery discussed the densities in the area using a map. He stated the proposed amendment would simply change those rcsident's designation to R-1 and three dwelling units per acre. Lots would be approximately 14,000 to 15,000 sq. ft. Development of duplexes would still be allowed. Also could still get up to 15 dwelling units per acre by replatting; however, this would be very complicated. Mayor Jarstad discussed the area originally recommended which was along Lebo and noted that it had been enlarged according to the map shown by Mr. Attebery. Mr. Attebery then pointed out the area which is recommended for change which borders on Washington Narrows, Sheridan Rd., Lent Lane, etc. Commissioner Bchoneman asked if there were any pending rezones in the particular area and Mr. Attebery stated there were none in the actual area. TESTIMONY Mayor Jarstad stated he would take testimony from either those for or against the proposed change without keeping them separate. Mayor Jarstad discussed the past progress of developing Lions' PlayPield and stated it would be continuing improvements; that this is the biggest recreation open space in the City and this has to be considered by thc Commissioners -10- CITY COUNCIL MINUTES February 9, 1977 Page eleven when making a decision on the area. Mayor Jarstad spoke about the affect of public open space and had suggested that designation in order to get the people the highest value for their land, should there ever be an overrun of the playfield. Testimony was taken from the following persons who were all in favor of changing the Comprehensive Plan. Their remarks are all on the recording tape on file in the Clerk's office. Lewis D. Morris, 334 Lebo; Bill Amo, 238 Willow; Edgar Forhan, 2446 Sunset Lane; David Robinson, 129 Sheridan Rd.; Ed Mill, 213 Willow; Ed Machinski, 321Lebo. Mayor Jarstad stated he favored low profile around the park and recreation area. Cecclia Topness, 206 Willow; Janice Walker, 2316 Reid; Norman Cook, 2510 Reid; A1 Colvin, 341 Hill Court; Pat Carey, 109-B Oak all spoke in favor of changing the Comprehensive Plan. Clarence Martin, 1408 Winfield, commented that the City Council should consider low profile wherever Mocking of view would result. Mayor Jarstad stated he had contacted a number of people on one side of the street in this area and those who are most affected by the increase of activity on Lions' Field and he has not heard anybody say that the City Council should follow the recommendation of the Planning Commission. Motion by Mayor Jarstad and Commissioner Stewart that the City Council designate to the Planning Director to amend the 1966 Comprehensive Plan to R-1 zone as shown on the Planning Department's second plan, increasing to the total area, carried unanimously. Meeting recessed from 9:50 P.M. to 9:55 P.M. DICK REZONE - CLARIF'ICATION Mr. Attebery asked whether the Planning Commission's recommendation was part of the intent of the City Council. Mayor Jarstad stated their intent was there should be no traffic on Callahan but would be on Wheaten Way. Motion by Mayor Jarstad and Commissioner Stewart to amend the motion to be access only on Wheaten Way. Under discussion: Mr. Olsen stated he had no trouble with the motion that the Council go with the site plan as that was part of the hearing and that the Council had the site plan in mind, but would have trouble if the Council was going to change things around as the hearing would have to be reopened in that event. Mayor' Jarstad and Commis- sioner Stewart amended the motion that the City Council approve the change in rezone and adopt the site plan as presented. Both the original motion and the amended motion were approved unanimously. RESOLUTION N0. 1705 Clerk read, "RESOLUTION ENDORSING A JOINT REGIONAL/BONUS HOUSING PROJECT BETWEEN KING, KITSAP AND SNOHOMISH COUNTIES AND THE CITIES OF BELLEVUE, BREMERTON AND EVERETT". Motion by Mayor Jarstad and Commissioner Schoneman to approve Resolution No. 1705, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Schoneman, Yes. ORDINANCE - INCREASED RATES EOR SERVICE INSTALLATION Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 5147, Section 3{d) and providing for incheased rates For service installation of 3/4" and 1" taps". Motion by Commissioners Schoneman and Stewart to approve ordinance on First readi ng, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. KiTSAP COUNTY BOARD OF ADJUSTMENT NOTICE OF HEARING Clerk read letters from Kitsap County Board of Adjustment, dated Feb. 5, 1977, which stated that there will be a public hearing on Tuesday, Feb. 15, 1977 at 9:30 A.M. to consider approval of a Conditional Use Permit submitted by Mr. G. S. Vergeer, Jr., 2670 Tracyton Beach Road, Bremerton and to consider approval of a Variance application submitted by Mr. Carl D. Cramer, 2820 Rocky Point Rd., Bremerton. -11- CITY COUNCIL MINUTES February 9, 1977 Page twelve MISS KITSAP COUNTY PAGEANT Clerk read letter from Bremerton Jaycees, dated Jan. 25, 1977, which stated that the Bremerton Jaycees have again undertaken the project of presenting the Miss Kitsap County Pageant after several years of inactivity. It stated that the pageant will be held on March 19, 1977 and the local winner will be awarded a $500.00 college scholarship and her runners-up will win smaller scholarships. It further stated that the Jaycees were hopeful that Sremerton businesses would be interested in placing an ad in their pageant program to help defray some of these expenses. Mayor Jarstad asked that this be held over until next week's Council meeting. AGREEMENT BETWEEN CITY OF BREMERTON AND BREMERTON POLICE OFFICERS ASSOCIATION Clerk presented the agreement between the City of Bremerton and the Bremerton Police Officers Association for Jan. 1, 1977 through Dec. 31, 1977. Motion by Mayor Jarstad and Commissioner Stewart to accept and sign agreement, carried unanimously. AMBULANCE REGULATION Clerk read letter from City Attorney, dated Jan. 25, 1977, which stated that the state law is intended to supersede municipal regulation of ambulances which do not exceed the provisions of state legislation; thus, any City regulation which is stronger than the state law remains viable. It further stated that the City may require safeguards that are greater' than bhose required by the state, but the City cannot charge a license fee since this is specifically excluded by statute. Discussion was held and it was decided that the City should stay with the present ordinance, the state law does not require enough insurance. MERCER ENTERPRISES/HARLOW PROPERTY Clerk read letter from Almeda Harris Wilson, dated Feb. 4, 1977, which stated that she favored the development proposal of Mercer Enterprises for the Harlow property; also that she favored the nine units per acre zoning. Her letter was referred to Planning. FIR TREES Clerk read letter From Mr. & Mrs. Ken Deitchler, dated Feb. 8, 1977, which stated that litigation concerning a trce on private property is now taking place between Mr. Armstead and Mr. a Mrs. Ken Deitchler; that the cutting of the two fir trees in the alley will permit continuous erosion of the soil and a retaining wall should be built if these trees are removed. Commissioner Stewart made comments about the neighborhood feud that existed and bhat the person who is concerned the most is Max Bennett who does not want to get into the court feud. He does not want the trees to fall on his residence. He has stated he wanted them takcn out. Commissioner Schoneman discussed a survey thab had been made by his department to determine if the trees are on privabe properby. Also, the survey was to determine the height of the trees. One tree is exactly 57 1/2 feet high and 20 inches through and the other one is 10 inches with a height of 52 feet. If one of these trees fell, Mr. Armstead would get the top 5 or lO ft. of the tree touching his house. The other house, belonging to Mr. Bennett, would receive about 10 or 15 ft. on one tree and 5 ft. from the other tree. Commissioner Schoneman recommended the City should wait until these neighbors ironed out their problem and then the trees could be taken out if the City wanted be do so. tie noted that they have some bearing on the litigation. He did not believe there was any danger. in the event the trees are taken out, the City would be subject to building a wall to stop the erosion. He suggested that if they were taken out, the City could leave 10 ft. stumps to hold the ground. Commissioner Schoneman suggested holding off action as the case is going to be heard at the end of this month. He noted also that Mr. Armstead is encroaching the alley about 6 ft. and so is Mr. Deitchler encroaching the alley. Mayor Jarstad agreed it would be a good idea to top the trees. -12- CITY COUNCIL MINUTES February 9, 1977 Page thirteen ORDINANCE - SHOPLIFTING Clerk read, first reading, "AN ORDINANCE repealing Ordinance No. 3336, in its entirety, AND amending Ordinance No. 2994, Section 1, BMC 9.99.010, relating to the crime of Shoplifting AND making it a crime to aid or assist a person committing shoplifting". Motion by Mayor Jarstad and Commissioner Stewart to approve ordinance on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. HEAVY EQUIPMENT REPAIR Clerk read memo from Water Supply Supervisor, dated Feb. 7, 1977, which stated that the overhaul of the Garrett-22 engine has been unsuccessful and requesting that it be traded in for a rebuilt one at Cummins Northwest Diesel, Tacoma. Since there is more than one source of supply, it was recommended that the City Council call for bids. Motion by Commissioners Schoncman and Stewart to call For bids for engine, carried unanimously. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 5643 to 5718 inclusive in the amount of $113,793.14, audited by John Ross, carried unanimously. COMMISSIONERS' REPORTS Commissioner Stewart: 1. John Ross had asked about the Kitsap Lions taking over the benches and advertising on them; that the benches are in bad shape and recommended that the Kitsap Lions do this as a project. Commissioner Schoneman stated there is an ordinance governing the benches and they would have to comply and the City Council can't just automatically give this to someone. Commissioner Stewart stated he was not against that, but the former people were not taking care of the benches and this would result in making some money for civic projects. It was acknowledged that the Kitsap Lions would have to enter into an agreement with the City. 2. Should change our City ordinance on shopping centers to at least have one restroom available to the public. Re has had complaints that there are none in the Wheaton Mall and it is a hardship on some people. 3. Brought up for discussion the construction charges and restated what he had said in his report of two weeks ago. After discussion between Commis- sioner Stewart and Commissioner Schoneman about the charges, Commissioner Stewart stated he had talked to both Foster & Marshall and CH2M Hill and they think that what he is proposing is fair. Commissioner Stewart questioned why apartment houses should get by with $3.00 per month when they have so many units. Commissioner Schoneman felt the City was getting a reimbursement through the sewage disposal charges which is greater in apartments due to the volume of water being used and he felt the charge of $300.00 per unit was unreasonable. Mayor Jarstad suggested setting up a meeting with the people Commissioner Stewart had talked to and discuss the problem with them. He stated that the bond people had been talked to when the charge was originally set up. Also, Mayor Jarstad said that 80 to 90% of the utilities were installed. Commissioner Stewart suggested that the Mayor and Commis- sioner Schoncman talk to the individuals separately and then let them come to the Council and talk. 4. Commissioner Stewart stated the benefits that have been approved for Police and Fire personnel were not given to the Fire and Police Supervisors, that is medical and dental benefits. Motion by Commissioner Stewart and Mayor Jarstad that the supervisors of the Police and Fire Departments be included in the medical and dental benefits the same as were given to the employees, carried unanimously. 5. Regarding Humane Society Report for this month show 64 dogs picked up and only 7 had licenses. -13- CITY COUNCIL MINUTES February 9, 1977 Page fourteen Commissioner Schoneman: 1. Stated that Lewis Allen had passed away this past week; that he had known him for many years and he gave much to the community. He always had a smile and he will certainly be missed. City Clerk and Mayor Jarstad made further comments concerning the activities of Mr. Allen. Clerk stated he was a valuable member of KCAP and the Mayor stated he had been here since 1964 at the first meeting of the Human Relations Committee at which he was one of the most regular attendants. Mayor Jarstad stated he had been invited to take part in the funeral service. BILL DANE - CIVIL SERVICE APPOINTMENT Motion by Mayor Jarstad and Commissioner Schoneman to appoint Bill Dane to the Civil Service Conmission for a period expiring May 31, 1981, carried unanimously. COMMISSIONERS' REPORTS (continued) Mayor Jarstad: 1. Gave report of his contacts made last week in Washington, D.C. Discussed the recent grant applications on the Public Works Bill and discussed the possible changes so that Bremerton may have an opportunity to receive Public Works Funds. Stated the Pine Road Sewer Project has been placed back in allocations and expect a notice within 45 days. There seems to be no problem on the utilities expansion on the east side. Expect to have improvement of a llttle over $800,000.00 this summer. The government is developing a CETA allocation under a program. scuttle has refurbished around 5,000 homes for very low-income people. He will be getting a knowledgeable person from Seattle on this program. Mayor Jarstad stated the government is looking at utilizing CETA people in construction of sidewalks, curbs, and gutters. It would be necessary for people in a neighborhood to pay for materials but the supervisor and the men would be paid out of CETA funds. The Seattle people will help Bremerton because they have had experience. Mayor Jarstad discussed the status of Wheaton Way in connection with the City's application for federal funds; that if the annexation had been successful, the project would have been funded and constructed at this time; because of the unsettled condition out on Wheaton Way the project had dropped back to a number three rating, which means that in the amount of money funded at this time, there will be no hope of funding in 1977. If the problems are settled early enough, %he project could be number one again. EDA is interested in working on this project and the City will approach %he matter from a different direction. Mayor Jarstad discussed other Funds that might be available from unspent federal funds. He stated the City, by going on the short-term emergency type application, may find some funds and get under construction. Commissioner Schoneman stated he was to get approval tomorrow or the next day concerning fifth laning Sylvan and Wheaton and the New Jersey Barrier at Cambrian and Navy Yard Highway. There was one federal hurdle left before approval. Commissioner Schoneman stated that the sewer interceptor at Oyster Bay is unable to be funded because of the nature of its size and application is being placed For funds. CHIEF OF POLICE Mayor Jarstad stated the Chief of Police, Mr. Ed Schlie, has submitted his letter stating that he is contemplating resigning from the Police Dept. and taking his retirement on March 28, 1977. He stated he would like to put it on record that Chief Schlie has done a most excellent job as Chief of Police. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -14- CITY COUNCIL MINUTES Page seven and the only answer is a complete EIS. Complained of narrowness of . State Mr. Branch had changed density from 9 to 15 to 17 and this is not nitpicking. The area has asked for a moratorium for a long time on hooking up to the sewers. Considerable discussion followed relating to roadway on Rickey and storm sewers and sanitary sewers. Comissioner Schoneman related the current status of a proposed bypass line direct to the plant. Defense remarks were made by Commissioner Schoneman relating to the sewage treatment plant which, he said, met the standards when built in 1948 and it was the most updated plant money could buy. Commissioner Stewart commented that DOE had held up the proposed improvement for three years waiting for a regional plan. Mr. Schoneman said the plant will be eliminated in the future. Ethan Schuyler, Route 7, Box 311B, B.I., stated he owns three and one-half acres on the hillside and had some discussion about running Mr. Branch's drainage on their hillside and they are agreeable to doing that, which has been one of the major complaints. This would benefit all of the property owners. The proposed line would be a buried line according to specifications. Discussion was held on what restrictions were on preliminary plat. Commissioner Schonemanan talked about the requirements of sanitary and stom sewers and access. All phases will have to be approved before a building pemit is issued. Mayor Jarstad cohented that storm drains will help to dry up the properties including Mrs. Shockro's property. Mr. Waring, Acting City Engineer, described the type of drainage which would be required to do the job and which would be an under- ground type; also, that the best solution would be to go through Mrs. Shockro's property. He stated this would make the ground below Mr. Branch's property more valuable. Would pick up the drain on the east Motion by commissioner Schoneman and Mayor Jarstad to accept this preliminary plat, carried unanimously. (with Planning Commission conditions?) Clerk stated he had advertised and posted notices. Ken Attebery, Asst. Planning -Director, outlined the request for adding the small area to the program; discussed the present designation as set out in the Kitsap County Master Program, "Conserv- ancy Environment"; discussed the designation thought most appropriate by the Sheridan Neighborhood for future parlay, "urban conservancy/recreational"; and gave Planning recommendation. The shoreline within the Schuyler Annexation Area from a line 30' northeasterly of and parallel to the northeasterly margin of the Tracyton Beach Road right-of-way to the line of extra low tide of the Port Washington Narrows should be designated Urbnn Conservancy/Recreational and~ The shoreline within the subject annexation area lying upland from the above described parcel should be designated Urban Residential. Lions Playfield area is already designated "Urban Conservancy/Recreational) Considerable discussion was held concerning the roadway centerline. This was an important discussion because the recommendation of Mr. Attebery was to have "Urban conservancy/Recreational" on both sides of the roadway. The actual road right-of-way has not been established. Mr. Attebery stated the 30' recom- mended could be reduced to 15' as the land couldn't be built on anyway. Mr. Ethan Schuyler stated their buildings are to be within 40-45 feet and suggest'ed making it to 15 or 20 feet. Commissioner Schoneman stated there would be no sidewalks on that side of the property. PETITIONERS: Mr. Victor Wowaras, Real Estate, for Dave Meyers, and agent of sellers and pur- chasers of the subject property; stated he has no objection to establishing a 15' piece of ground dedicated to "Urban Conservancy/Recreational" designation. Spoke of the problems which might occur should the roadway be closer to the water. He said the survey was not established although a request was made and that is why the'situation is the present bind. He suggested using the right-of-way line as the line. Margaret Carey, 109 Oak Street, stated the city has not complied with statutes and have not had enough hearings. Mr. Attebery discussed this point and stated the city has complied; that all that is being discussed is an addition to the program and the only requirement is one public hearing in the locality. Mr. -7- CITY COUNCIL MINUTES February 9, 1977 Page eight Carey stated his wife wondered why they didn't wait until the Shoreline Manage- merit Review Board Hearings were held. Hr. Attebery stated one of the reasons for this review is because there is only a county designation and this hearing should have been held at the time of the annexation, Hr, Wowaras read from a letter from Mr. Rowe and Hr. Eckert of the Attorney General's Office which stated in part that if the designation is not resolved today the matter would be remanded, Mr. McCluskey commented that the city failed to take the proper action at the proper time and that is why this is before the Council today, Mr, Wowaras pointed out that Mr. S, B. "Pat" Carey's name has appeared as being in attendance at workshops. Mr, Hank Clark, 118 Oak, stated there have been a lot of hearings but there have been so many changes and they didn't know who they have been dealing with; also, changing of site plans. Pointed out there were some very serious problems concerning the road centerline that need to be resolved. Mr. Pat Carey, 109-B Oak, talked about the 1966 comprehensive pIan; said this designation should be taken before the Park and Recreation Commission as it has not been talked about by that group; noted there is a considerable difference between "County Conservancy" and "Urban Conservancy". Stated there may be a walkway in the future and will need some area on the upper side of the road. Stated this is a unique piece of property; more thought should be given to this little piece. Stated not arguing against the apartments but not sure what is wanted in the future. Called attention to the fact there is more land going west to be considered in the future. Commissioner Schoneman commented that Mr. Carey should talk with the county commissioners about the county land as it is not possible for the city to acquire and, unless the county acquires the land, it will come in to the city piece by piece. Mayor Jarstad discussed the acquisitions of land in the area and this makes it possible to be available to the public with no "keep off" signs. Stated there is a bank here and the question is whether to keep 15 or 20 feet up the bank; want to leave enough land.so the trees and vegetation will kept there. Mr. Wowaras talked about his integrity and that of Schuylers; stated they have owned the land for forty years; costs $2,000 per day for delays; barn was removed; tsnd was cleared off the industrial site; donated property to widen Sheridan Road. Motion by Commissioner Schoneman and Mayor Jarstad to go back 30 feet northeasterly from the northeasterly margin of the Tracyton Beach right-of-way to the line of extreme low tide with Urban Conservancy/Recreational and the balance of the shoreline lying upland disignated Urban Residential, as recommended by the Planning Department. Discussion followed about the fact that the right-of-way has not been established and Mr. Wowaras suggested perhaps should go to 15 ft; however, Mr. Attebery stated this might not be enough to protect the marine drive. Mayor Jarstad stated this was not too much land and is only a minimum setback; that he has heard that the development will be 40 or 45 feet back from that area and he would like to stay with the Planning Commission recommendation of 30 feet. Mr. Attebery stated that the site plan shows at least 40 feet back from the property line; because of the imperfect information drew back another 10 feet. Mr. Wowaras stated if the road is built on the edge then could have a problem and asked if the City Council would act expeditiously if the need to do so arose to reduce the amount of footage. Motion carried unanimously. MINUTES CONTINUED ON PAGE NINE. -8- CITY COUNCIL MINUTES February 9, 1977 Page eleven when making a decision on the area. Mayor Jarstad spoke about the affect of public open space and had suggested that designation in order to get the people the highest value for their land, should there ever be an overrun of the playfield. Testimony was taken from the following persons who were all in favor of changing the Comprehensive Plan. Their remarks are all on the recording tape on file in the Clerk's office. Lewis D. Morris, 534 Lebo; Bill Amo, 258 Willow; Edgar Forhart, 2445 Sunset Lane; David Robinson, 129 Sheridan Rd.; Ed Mill, 213 Willow; Ed Machinski, 321 Lebo. Mayor Jarstad stated he favored low profile around the park and recreation area. Cecelia Tophess, 206 Willow; Janice Walker, 2516 Reid; Norman Cook, 2510 Reid; A1 Colvia, 541 Hill Court; Pat Carey, 109-B Oak all spoke in favor of changing the Comprehensive Plan. Clarence Martin, 1408 Winfield, commented that the City Council should consider low profile wherever blocking of view would result. Mayor Jarstad stated he had contacted a number of people on one side of the street in this area and those who are most affected by the increase of activity on Lions' Field and he has not heard anybody say that the City Council should follow the recommendation of the Planning Commission. Motion by Mayor Jarstad and Commissioner Stewart that the City Council disignate to the Planning Director to amend the 1966 Comprehensive Plan to low density residential as shown on the Planning Department's second plan, increasing the size to the total area, carried unanimously. Meeting recessed from 9:30 P.M. to 9:35 P.M. DICK REZONE - CLARIFICATION Mr. Attebery asked whether the Planning Commission's recommendation was part of the intent of the City Council. Mayor Jarstad stated their intent was there should be no traffic on Callahan but would be on Wheaton Way. Motion by Mayor Jarstad and Commissioner Stewart to amend the motion to be access only on Wheaton Way. Under discussion: Mr. Olsen stated he had no trouble with the motion that the Council go with the site plan as that was part,of the hearing and that the Council had the site plan in mind, but would have trouble if the Council was going to change things around as the hearing would have to be reopened in that event. Mayor Jarstad and Commis- sioner Stewart amended the motion that the City Council approve the change in fezone and adopt the site plan as presented.- Both the original motion and the amended motion were approved unanimously. RESOLUTION NO. 1705 Clerk read, "RESOLUTION ENDORSING A JOINT REGIONAL/B0NUS HOUSING PROJECT BETWEEN KING, KITSAP AND SNOHOMISH C0UNTIES AND THE CITIES OF BELLEVUE, BREMERTON AND EVERETT". Motion by Mayor Jarstad and Commissioner Schoneman to approve Resolution No. 1705, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Schoneman, Yes. ORDINANCE - INCREASED RATES FOR SERVICE INSTALLATION Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3147, Section 3(d) and providing for increased rates for service installation of 3/4" and 1" taps". Motion by Commissioners Schoneman and Stewart to approve ordinance on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. KITSAP COUNTY BOARD 0F ANJUSTMENT NOTICE OF HEARING Clerk read letters from Kitsap County Board of Adjustment, dated Feb. 3, 1977, which stated that there will be a public hearing on Tuesday, Feb. 15, 1977 at 9:30 A.M. to consider approval of a Conditional Use Permit submitted by Mr. G. S. Vergeer, Jr., 2670 Tracyton Beach Road, Bremerton and to consider approval of a Variance application submitted by Mr. Carl D. Cramer, 2820 Rocky Point Rd., Bremerton. -11-