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HomeMy WebLinkAbout01/12/77 CITY COUNCIL MINUTES January 12, 1977 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, January 12, 1977, at 9:00 A.M., PST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Assistant City Attorney McCluskey, and members of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by City Clerk Yeadon. MINUTES OF JANUARY 5, 1977 Clerk read minutes of Jan. 5, 1977. Mayor Jarstad ordered the minutes to stand approved as read. SEPARATIONS Arvilla Joan Ohlde, Parks a Recreation, Part-Time Playleader, effective 1/7/77; and Betty Jean Smith, Parks & Recreation, Part-Time Playleader, effective 11/14/76. Motion by Mayor Jarstad and Commissioner Stewart to approve Separations, carried unanimously. NOTICES OF EMPLOYMENTS Randal S. Fletcher, Part-Time Playleader, Parks & Recreation, $2.50 per hr., effective 1/12/77; Ronald Sylvester Janisch, Police Dept., First Year Police Patrolman, $5.99 per hr., effective 1/10/77; Virgil Allen English, Police Dept., First Year Police Patrolman, $5.99 per hr., effective 1/10/77; Arvilla ,loan Ohlde, Parks & Recreation, Recreation Specialist, $5.95 per hr., effective 1/10/77; John A. Vancil, Garage Dept., Auto Serviceman I, $5.00 per hr., effective 1/10/77; and Michael Loren Carrigan, Parks 8 Recreation, Extra Labor, $4.50 per hr., effective 1/13/77. Motion by Commissioner Schoneman and Mayor' Jarstad to approve Notices of Employments, carried unanimously. CHANGES OF PAY STATUS Gordon L. Walgren, City Attorncy's Office, $10.22 per hr., effective 1/10/77; Gary H. Sexton, City Attorney's Office, $10.22 per hr., effective 1/10/77; Terry K. McCluskey, City Attorney's Office, $9.19 per hr., effective 1/10/77; Wayne Hamilton, Water Distribution, Serviceman II to Scrvjceman St. pay grade llA, $5.95 per hr., effective 1/10/77; Francis H. Kosel, Water Uistribution, Serviceman II to Pay Grade 9D, $5.79 per hr., effective 1/10/77; and Frank Sharp, Water Supply, Serviceman St. to Pay Grade llD, $6.64 per hr., effective 1/10/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Changes in Pay Status, carried unanimously. PAYROLL VOUCHERS Claims Fund, FrCA and Bank Service Fees, Dec. 13, through Dec. 26, 1976, $3,776.86; Claims Fund, FICA and Bank Service Fees Adjustments for Final Payroll of 1976, $37.31; Salary Fund, Gross Payroll Dec. 13 through Dec. 26, 1976, $171,650.95;'and Salary Fund, Withheld taxes on Adjustments to Final Payroll of 1976, FIT and FICA, $34.12, audited by John R. Ross. Motion by Commissioners.Stewart and Schoneman to approve Payroll Vouchers, carried unanimously. SUPPLEMENTAL AGREEMENT - CETA Clerk presented Supplemental Agreement - CETA, which amended the agreement dated Dec. 15, 1976 as follows: (1) Contract is decreased by $7,448.00 to a new total of $30,898.00; (2) City is authorized to pay wages and fringe for Dec. 1976; (5) Total wages and fringes paid from Oct. 1, 1976 - Dec. 1976 shall not exceed $30,898.00; and (4) Contract is terminated Dec. 31, 1976. Motion by Commissioner Stewart and Mayor Jarstad to authorize the Mayor to sign the agreement for the City, carried unanimously. CITY COUNCIL MINUTES January 12, 1977 Page two EMPLOYEE'S RETIREMENT FUND Clerk presented Employee's Retirement Fund for January 1977, showing a 10% increase in benefits. Actuary's letter determines this could be done. Motion by Commissioner Schoneman and Mayor Jarstad to approve Employee's Retire- ment Fund, carried unanimously. APPLICATION FOR TAXICAB DRIVERS LICENSE Clerk presented application For taxicab drivers license from Donald D. Herrmann, approved by Chief of Police. Motion by Mayor Jarstad and Commissioner Stewart to approve taxicab drivers license, carried unanimously. APPLICATION FOR SAUNA PARLOR RENEWALS AND MUSIC MACHINE LICENSES Clerk presented applications for Sauna Parlor renewals From Palace Sauna, Lee's Sauna, and Crystal's Sauna; and Music Machine applications for Dugout Tavern and Village Tavern, all approved by the Chief of Police. Motion by Mayor Jarstad and Commissioner Stewart to approve applications for Sauna Parlor renewals and Music Machine Licenses, carried unanimously. CLAIM FOR DAMAGES Clerk presented Claim for Damages from Sandra Lee MacGeorge in the amount of $48.31 For replacement of a pair of shoes and cleaning of a coat. A copy of the claim has been sent to the insurance company. CALL FOR BIDS Clerk read memo from Parks Superintendent, dated Jan. 11, 1977, which requested a call for bids For two new 1/2-ton pickup trucks For the Parks Dept. It further stated that trade-ins consist of a 1968 Chevy 1/2-ton pickup truck with canopy, a 1966 Ford 3/4-ton dump truck, and a 1951 GMC 1/2-ton pickup truck; that monies for the purchase of these trucks has been budgeted for in the 1977 Parks & Recreation Budget. Clerk then read memo From Water Supply Supervisor, dated Jan. 10, 1977, requesting a call for bids for one new 1977 3/4-ton pickup for operation water supply; that a trade-in is a 1971 Datsun pickup; that it is a budgeted item. Motion by Commissioner Schoneman and Mayor Jarstad to call for bids, carried unanimously. 1977 BUDGET Clerk read memo from City Attorney and City Auditor, dated Jan. 10, 1977, which stated that the budget for the altorney's office is $1,872.00 short and requesting a budget adjustment For the City Attorney budget in this amount. Motion by Commissioner Stewart and Mayor Jarstad to approve a budget adjustment in the amount of $1,872.00, carried unanimously. COMPLETION OF LID 320 Clerk read memo from City Engineer, dated Jan. 11, 1977, which requested that the Final hearing for the Alley from 12th to 13th between Elizabeth and Warren be set for Feb. 16, 1977. Motion by Commissioner Schoneman and Mayor Jarstad to set hearing for Feb. 16, 1977 at 11:15 A.M., carried unanimously. SCAN/Commercial Rate Cost Comparison Clerk presented a comparison between commercial Pates and SCAN, dated Jan. 10, 1977. He stated that a commercial call costs $.32 per minute and a SCAN call costs $.07 per minute. (Last year's rates were $.06 per minute.) REVOCABLE EASEMENT/PORT OF BREMERTON Clerk presented letter from Port of Bremerton, dated Jan. 4, 1977, and a Revocable Easement executed by the Port of Bremerton Commissioners authorizing the City of Bremerton to provide public metered parking on the First Street Dock and to regulate its use. -2- CITY COUNCIL MINUTES January 12, 1977 Page three BARRICADING STREETS FOR SLEDDING IN CASE OF SNOW Clerk read memo from Parks Superintendent, dated Jan. 5, 1977, which requested authorization to barricade certain streets, which have previously been desig- nated as sledding areas, in case sufficient snow falls this winter. Motion by Mayor Jarstad and Commissioner Stewart to authorize barricading of certain streets for sledding, carried unanimously. COMMUNITY THEATRE BUILDING PLAQUE Clerk read memo from Parks Superintendent, dated Jan. 6, 1977, which stated that the Theatre Association has not acquired a plaque to indicate the source of funds for the construction of the Community Theatre building and recommending that a plaque be purchased indicating the funding source and including the names of the officers of the Community Theatre and the Commissioners of the City of the plaque. Motion by Commissioner Stewart and Mayor Jarstad to direct the Park Dept. to proceed with acquiring the appropriate plaque, carried unanimously. NOTICE OF UAB MEETING Clerk presented agenda of Urban Arterial Board and stated there would be a meeting of the UAB on Thursday, Jan. 20, 1977 at 9:50 A.M. LETTER FROM COORDINATOR, SENIOR ADULT PROJECT Clerk read letter from Ms. Meta Heller, dated Jan. 7, 1977, which stated that it would be helpful to the senior citizens to lower the age limit to 60 for bus passes so that those seniors who have been using the buses to get to the nutrition site at Smith School could continue to do so; that the vans operated by the Council on Aging could not accommodate the seniors from 60 to 62 who cannot now get their senior passes; that the lunch program is mandated by law to serve seniors 60 or older. It further stated that in the interest of consis- tency, that the Council should consider the age limit for bus passes and lower it to age 60. Commissioncr Stewart stated that the line had to be drawn some- where, but if the other Commissioners felt that the age limit should be lowered to 60, he would go along with it. Mayor Jarstad suggested not taking action on it at this time and find out how many are involved in this program. City Clerk stated that he would find out more facts for the Council and report back to them with the results. BCT - FARE BOX Clerk read letter from BCT, signed by Frank Randall, dated ,Jan. 6, 1977, which stated that BCT will keep a daily fare box count on each one of the regular runs and one week out of each month, will take a passenger count on each special ran; that the information collected will be forwarded to City Council via a monthly report. PARKING Clerk read letter from International Federation of Professional & Technical Engineers, Local 12, dated Jan. 3, 1977, which stated that lhe Shipyard cannot buy up West Bremerton, build a parking garage, or even clear more space For parking lots without NAVSEA and/or Congressional approval and that the chances of this happening are slim at best; that the Shipyard is the City's major industry. Commissioner Stewart stated that he had talked to Mr. Blankenship and he felt that any misunderstanding that has occurred has been cleared up. PROPOSED ADVISORY BALLOT ON LAND USE ACTION Clerk presented memo from Planning Dept., dated Jan. 5, 1977, which stated that confidential advisory ballots will be sent out with all notices to property owners regarding land use decisions; that prepaid preaddressed postcards will be utilized; and that the letters will be scnt out by certified mail with return receipt requested. Commissioner Stewart stated that he did not want registered letters sent out; that a ballot enclosed in an envelope is sufficient so that people can vote secretly. -3- CITY COUNCIL MINUTES January 12, 1977 Page four LEASE FOR THIRD FLOOR SPACE AT 245 FOURTH ST. Clerk read letter from Eddie Bjork, dated Dec. 31, 1976, and presented a new lease for the office space for Civil Service and Grants Administration for $300.00 a month for three years. Commissioner Stewart stated that he did not want to be tied down to a lease for three years; that he is looking for room to bring these offices back into the City Hall. He stated further that he is looking for ways to put an elevator in City Hall and Find office space for Civil Service and Grants Administrator and he does not want to sign a lease for three years until he finds out if it is feasible to do this. He stated he would like to go on a month-to-month basis at the new rent scale. Mr. Bjork stated that it is agreeable with him to go on a month-to-month basis with a 90-day notice of vacating. Considerable discussion followed about installing an elevator and Mr. Bjork stated that he would check into having a door cut into his building so that the City can use the elevator at 245 Fourth St. Motion by Commissioner Stewart and Commissioner Schoneman to rent on a month- to-month basis with a 90-day vacating clause, carried unanimously. Meeting recessed From 9:58 A.M. till 10:12 A.M. COMMISSIONERS' REPORTS Commissioner Stewart: He stated he had talked to Commissioner Schoneman at precouncil meeting about increasing parking downtown as suggested by Willard Anderson. This suggestion should be discussed with the Police Dept. and get their ideas. Also, a down- town property owner has said there is money available from the Federal Govt. and Commissioner Stewart has called Norm Dicks in Washington, D.C. and asked him to check on this suggestion. Commissioner Schoneman: 1. In the first ten days of January, have had 8 building permits in the valuation of $324,950.00; the largest permit issued was to the Continental Family Fitness Center for $275,000.00. That will be a good addition to the west side. 2. Little amount of water that has come through the rain has had no effect on the water supply behind the dam. The water is being pumped from Anderson Creek and Gorst Creek wells. 3. Stated that there have been complaints that residences that are not connected to the sewers are being charged for sewer use and they had paid all the other charges that are required by ordinance. He felt this was unfair and Commissioner Stewart agreed with him that this should be eliminated. Motion by Commissioners Schoneman and Stewart to eliminate any sewer service fees unless a building is connected to a sewer line. Under discussion: Mr. McCluskey stated that sewer connection charges are proper because a sewer is there for connection, but the City can't charge for sewer service if it isn't being used. Mayor Jarstad disagreed with the motion and gave a background for having the sewer service charge on all buildings for the reason that it was the City's intent to have people connect because of pollution and that septic tanks were just a standby until the sewer system was installed. He asked for time to look into the background and see why it was placed in the ordinance. Commissioner Schoneman stated everything else remains in the way of charges but sewer service should not be charged and he disagreed with the Mayor because he said the Health Dept. rules on septic tanks and if a septic tank does not receive approval of the Health Dept., the City will not issue a permit. Mayor Jarstad stated the system was sized to handle all the con- nections and in most cities it is mandatory for all buildings to be on the sewage line; that otherwise the Health Dept. has to go out and argue with the people. Commissioner Schoneman stated there was no argument - when the Health Dept. puts a notice on the door, either correct the situation or be removed from the premises; he also stated there are not very many situations involved. Motion carried as follows: Mayor Jarstad, No; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. -4- CITY COUNCIL MINUTES January 12, 1977 Page five 4. Met yesterday with engineers from State Highway Dept. regarding the inter- section at Wheaton Way and Sylvan and some corrections have to be made to the plans, but it would appear they will be approved within a week or two; then the project can be advertised. 5. Gave some figures of funds to be received fiom FAM and the amounts to be applied as City-matching fimds. Asst. City Attorney McCluskey: Filed Declatory Judgment Action in connection with the Capital Improvement Bond Levy and due to notices required, it will be sometime in the latter part of March until it is known what the decision will be. City Clerk Yeadon: 1. Reported that under a new State Law, ambulances would no longer be licensed by the City nor would attendants be licensed by the City. Also, inspections will be obtained by the State and insurance will be filed with the State. The only part the City will play in the ambulance business is to regulate the number of ambulances that can operate within the City. 2. Have received a Legislative Resource Notebook from the Association of Washington Cities and information, as it comes from AWC relating to the legis- lative session, will be circulated to the proper people; that in some cases action and contacts will be required by various City officials. Clerk stated he received some interesting material in the notebook and all or any part of it will be made available to any interested department upon request. TAPE #97 HEARING - RIA 0. WELLS REZONE (A) 5420 Motion by Mayor Jarstad and Commissioner Schoneman to hold Wells and Schuyler hearings at this time, carried unanimously. Clerk stated that he had posted, published and mailed letters according to law. He then read minutes of Planning Commission, dated Dec. 14, 1976. Mr. Ken Attebery, Asst. Planning Director, showed location of the site using an area map and stated that access would be from the alley. He stated further that there is a three-car garage which satisfies the parking requirement. He said that a Negative Declaration had been given by the responsible official, Mr. Pieschef, after going over the points of the environmental checklist. Commissioner Schoneman stated there would be no change in the main structure of the house itself. Motion by Commissioner Stewart and Mayor Jarstad to concur with the Negative Declaration in connection with the Environmental Impact Statement, carried unanimously. PROPONENTS: Mrs. Ria 0. Wells stated the area desired for a third apartment is located in a daylight basement, has been used by her children, and she would like to fix it for an apartment. Minor alterations would be all that was necessary. OPPONENTS: There was no one present to speak against the rezone. Motion by Commissioners Schoneman and Stewart to follow recommendation of the Planning Commission and approve the rezone from R-1 to R-2 with the condition that the number of units be limited to three, carried unanimously. TAPE #97 HEARING - SCHUYLER/WOWARAS CHANGE OF SITE PLAN (A) 3490 Clerk stated that he had posted and published notices as required by law. He then read minutes of Special Planning Commission, dated Dec. 28, 1976; presented Findings of Fact; read a letter from Violet E. Scott which stated that she was opposed to the fezone of this property. Clerk then read a letter from Mrs. Margaret L. Carey, dated Jan. 11, 1977, which stated that they would like to have something a little more binding to assure them that the madrona trees will be preserved. Mr. McCluskey stated there will be an -5- CITY COUNCIL MINUTES January 12, 1977 Page six Environmental Impact Assessment made at the time of the building permit. Mr. Ken Attebery showed site plans, the original and the new site plan. The new site plan was the same number of units, minimum parking requirements are met, all setbacks are met, and the new site plan has some variations from the original; the access has been moved from the corner up Sheridan Road about a hundred feet; another access is still possible; nine buildings instead of three with the same amount of coverage; madrona trees were made an issue by adjoining neighbors and the intent is to maintain the trees as a landmark; the site has been used in past years for commercial ventures. Mr. Attebery stated that Mr. Wowaras and Mr. Schuyler did involve people from the neighbor- hood in the process of getting to this point in the hearings, which did help. PROPONENTS: Mr. Ethan Schuyler of Bainbridge Island stated his concern is that if the disposition of the madrona trees is not handled in the correct way, that the people will write to the Shorelines Hearings Board and will make it difficult to get the project approved. He stated if there is any way the trees can be saved, they will be saved; that he would like it to be mandatory to save the trees unless they become a hazard. Victor Wowaras stated that he was the agent for the seller and the prospective purchaser of the property; that he worked for Meyers Co., 725 Second Ave., Seattle; that he was trying to satisfy as many of the people in the area as feasible; that he has verbal assurance From the developer that he will do everything he can to save the trees. The buildings have been moved back from the bank and the project will be beyond the madrona trees. Mayor Jarstad asked for the Asst. City Attorney's advice whether it is proper on the change of site plan that one of the conditions is that the madrona trees will remain standing unless it is proven to the City Council in the future that they are a safety hazard. Mr. McCluskey stated that this is a proper condfition and that the City Council should just make sure the condition is clear enough. Mr. Wowaras commented that while there are two sets of trees on the property, that this is the landmark set and it is composed of two trees growing so close together that there appears to be one tree, but there actually are two trees. Mr. McCluskey stated that the designation of the trees could be that they are on the southeast corner and that they be preserved unless considered to be hazardous in the Future. Motion by Commissioners Stewart and Schoneman to concur with the Negative Declaration of the Environmental Impact, carried unanimously. Motion by Commissioner Stewart and Mayor Jarstad to grant the approval of the change in site plan as recommended by the Planning Commission with one additional condition, that the two madtons trees as brought up by the Sheridan Neighborhood Group be maintained unless they become a hazard. Mayor Jarstad suggested that the motion be amended to grant the approval of the change in site plan as recommended by the Planning Commission with one additional condition, that these trees will remain until such time as they are declared a hazard. Amended motion passed unanimously. COMMISSIONERS ' REPORTS ( continued ) Mayor Jarstad: 1. Report has been filed with him on the neighborhood meetings. He read from a report from the Smith Neighborhood of a meeting held on Jan. 5, 1977, attendance was 46 people. He stated he would give the report to the Clerk for filing. 2. In connection with the delay in selling the Capital Improvement Bonds, because of the court case pending, there is a problem in applying for IAC funds in that there will only be one meeting this year in which applications will be approved and applications must be in to the IAC committee by May 1, 1977. This -6- CITY COUNCIL MINUTES January 12, 1977 Page seven is a tight schedule and architectural input will be required for the applica- tion. The Bremerton Parks and Recreation Board has held interviews over the past year on getting architectural design people for the swimming pool and they have recommended Olson, Richerr, and Signold of Renton. it has been discussed that the City would be under no financial responsibility until after they get an official letter from the City of Bremerton, which would be after sale of the bonds. Commissioner Stewart stated he would like to examine some of the Firm's work to which Mayor Jarstad agreed and stated they have done several pools and these will be inspected. Mayor Jarstad stated that the City Council also should consider the Site Selection Committee to work with the professionals who have done facilities like the one planned for Bremerton. 3.He gave 1976 statisties from the Fire Dept. Report which showed increases in various loss categories. He stated the report would be on file with the City Clerk. 4. Discussed the large increase in the number of calls being handled by the Rescue I Vehicle and stated CENCOM is working with the Fire Dept/ to screen calls so that fire suppression units as a whole will go on less calls. 5. Concerning the previous motion made by two of the commissioners wherein a ploicy was made to not charge buildings who are on septic tanks, Mayor Jarstad stated he would like to have the City Council look into the policy of not allowing persons to repair and fix up their septic tanks when they ar in need of repair. Commissioner Schoneman commented that anyone within 250-ft of a sewer system must connect if his septic tank fails and this is in a city ordinance. NOTICE OF EMPLOYMENT David H. Armstrong, Municipal Court, Judge Pro-Tempore, $9.43 per hr. Motion by Mayor Jarstad and Commissioner Schoneman to approve Notice of Employment, carried unanimously. COASTAL ZONE MANAGEMENT CO Clerk presented three Coastal Zone Management Contracts for Mayor's signature. Motion by Commissioners Stewart and Schoneman to authorize the Mayor to sign the contracts for the City, carried unanimously. LETTER FROM MRS. HOLDEN RE: Sidewalk improvement for Wheelchairs Clerk read letter from Mrs. Arthur Molden, dated Jan. 3, 1977, which stated that she has paid taxes in Manette for 70 years, and requesting that the City Council improve the sidewalks so she can use her wheelchair to go to the store. Commissioner Schoneman requested that the letter be referred to him. CETA CONTRACT FOR JANUARY Clerk presented CETA Agreement for January in the amount of $11,508.00. Motion by Commissioner Stewart and Mayor Jarstad to authorize the Mayor to sign the agreement for the City, carried unanimously. FIR TREES PETITION/MR. ARMSTEAD Clerk presented a petition submitted by Mr. Armstead and signed by 35 other residents which stated that they have no objection to the City cutting down two fir trees in the alley between No. Cambrian and No. Lafayette Ave. Commissioner Schoneman stated that he would like to refer this to the City Attorney's office to determine the validity of the petition because most of the people who signed the petition do not live near the trees. He stated further that the trees are not unsafe, in his opinion, and there are some people who want the trees down and some who do not want them down. Commissioner Stewart stated that the trees are City property, and if the Council decides to remove them, they will be removed; that there is no legal problem here. Mayor Jarstad suggested sending somebody out to evaluate the situation, and if it is necessary, the trees will be removed. Commissioner Schoneman stated that he -?- CITY COUNCIL MINUTES '~ /,' January 12, 1977 ~- Page seven is a tight schedule and architectural input will be required for the applica- tion. The Bremerton Parks and Recreation Board has held interviews over the past year on getting architectural design people for the swimming pool and they have recommended 01son, Richert, and Bignold of Renton. It has been discussed that the City would be under no financial responsibility until after they get an official letter from the City of Bremerton, which would be after sale of the bonds. Commissioner Stewart stated he would like to examine some of the firm's work to which Mayor Jarstad agreed and stated they have done several pools and these will be inspected. Mayor Jarstad stated that the City Council also should consider the Site Selection Committee to work with the professionals who have done facilities like the one planned for Bremerton. · ~. He gave 1976 statistics from the Fire Dept. Report which showed increases · n various loss categories. Ne stated the report would be on file with the City Clerk. ~, Discussed the large increase in the number of calls being handled by the Rescue I Vehicle and stated CENCOM is worki~$ with the Fire Dept. to screen /~. Concerning the previous motion made by two of the commissioners wherein a policy was made to not charge buildings who are on septic tanks, Mayor Jarstad stated he would like to have the City Council look into the policy of not allowing persons to repair and fix up their septic tanks when they are in need of repair. Commissioner Schoneman commented that anyone within 250-ft, of a sewer system must connect if his septic tank fails and this is in a city ordi- NOTICE OF EMPLOYMENT David R. Armstrong, Municipal Court, Judge Pro-Tempore, $9.43 per hr. Motion by Mayor Jarstad and Commissioner Schoneman to approve Notice of Employ- ment, carried unanimously. COASTAL ZONE MANAGEMENT CONTRACTS Clerk presented three Coastal Zone Management Contracts for Mayor's signature. Motion by Commissioners Stewart and Schoneman to authorize the Mayor to sign the contracts for the City, carried unanimously. LETTER FROM MRS. HOLDEN RE: Sidewalk Improvement for Wheelchairs Clerk read letter from Mrs. Arthur Holden, dated Jan. 3, 1977, which stated that she has paid taxes in Manette for 70 years, and requesting that the City Council improve the sidewalks so she can use her wheelchair to go to the store. Commissioner Schoneman requested that the letter be referred to him. CETA CONTRACT FOR JANUARY 1977 Clerk presented CETA Agreement for January in the amount of $11,608.00. Motion by Commissioner Stewart and Mayor Jarstad to authorize the Mayor to sign the agreement for the City, carried unanimously. FIR TREES PETITION/MR. ARMSTEAD Clerk presented a petition submitted by Mr. Armstead and signed by 35 other residents which stated that they have no objection to the City cutting down two fir trees in the alley between No. Cambrian and No. Lafayette Ave. Commissioner Schoneman stated that he would like to refer this to the City Attorney's office to determine the validity of the petition because most of the people who signed the petition do not live near the trees. He stated further ~hat the trees are no~ unsafe, in his opinion, and there are some people who want the trees down and some who do not want them down. Commissioner Stewart stated that the trees are City property, and if the Council decides to remove them, they will be removed; that there is no legal problem here. Mayor Jarstad suggested sending somebody out to evaluate the situation, and if it is necessary, the trees will be removed. Commissioner Schoneman stated that he -7- fire suppression units as a whole will go on less calls. CITY COUNCIL MINUTES January 12, 1977 Page eight will contact the residents adjacent to the trees and find out how they feel about this and he will report back to the Council. BILLS Motion by Mayor Jarstad and Commissioner Schoneman to give blanket approval to vouchers 5295 & 5297 to 5373 inclusive in the amount of $35,789.81, audited by John R. Ross, carried. Commissioner Stewart abstained because of a minute interest, less than 1%, in ITT Grinnell. Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 5292 and 5294, 5296 and 5374 to 5383 inclusive in the amount of $472,122.91, audited by John R. Ross, carried unanimously. ADDITIONAL REPORT - NEW OFFICE STRUCTURE, 4th g Warren Commissioner Schoneman reported that he had good news, although he did not have a full report; that he had been contacted by a Seattle architect who is designing a new building that will be placed at 4th and Warren and will be called The Land Title Building. He also stated the builders will have to go go through the entire processes required by laws. Meeting recessed at 11:28 A.M. and reconvened at 7:10 P.M. Thursday, Jan. 13, 1977. HEARING - CLARE'S MARSH AREA 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, Asst. City Attorney Sexton, and Asst. City Attorney 0lsen. Mayor Jarstad stated the purpose of the hearing and stated that this meeting was continued from two weeks ago because of some challenges to City Council members. After comments from Mr. Bastian, he stated he had nothing further to TAPE #97 add regarding the statements previously made concerning Commissioner Stewart. (B) 553 He then stated that the Suburban State Bank is to be a part of the Ross Shopping Center and because of the City Attorney's involvement with the bank, he believed it was a conflict of interest and a breach of fairness. He also stated that Mr. Stewart is biased according to his statements. Mr. Sexton stated his office did not represent the Suburban State Bank in legal matters and therefore did not believe that there was a conflict of interest. Mayor Jarstad stated that Mr. Bastion has had time to research his challenges and he believed Commissioner Stewart has the capacity to be fair. Mayor Jarstad gave comments on the EIS that has been prepared and assimilated. The Commissioners stated they had reviewed the EIS. Mr. Stewart stated he had read the transcript of the Planning Commission Hearings. Mr. O'Hare stated the Council should distinguish between the EIS and the merits of the other proposal. Tom O'Hare stated he represented Mr. Ron Ross, who was one of the property owners and he discussed the fezone of about 75 acres and then gave some history of the court case which was against Mr. Ross's development of the property. He said the Comprehensive Plan proposed has been submitted by the Sheridan Neighborhood. He discussed the adequacy of the sanitary sewers and stated it would not be a disaster to downtown Bremerton. He discussed the amount of floor space that would be needed for retail business in the future because of the population explosion; that over 700,000 sq. ft. of variety shopping center will be needed and this center will have 400,000 sq. ft. which is less than needed For the anticipated growth by 1985. He discussed the cost of providing parking. He stated the 701 planning study came up with the same amount of growth to be attained in this area. He questioned the study made for the downtown business because the individual making the study is an advocate of downtown business. tte asked the City Council not to make an economic decision as to where the shopping area will be but let competition decide that question; that major' stores are not going where people do not want to shop. He called attention to the fact that there is more daily traffic on Kitsap Way but the fifth laning makes a difference and it will make a big difference on Wheaten Way. He said traffic corrections will be made in the future but not necessarily when required. -8- CITY COUNCIl. MINUTES January 12, 1977 Page nine Ed Schaffnit, Consultant in Real Estate Economics, was sworn in and testified For Mr. 0'Hare. He presented copies of a report he had made. He went through his report and the Tables contained in it. The report is on file with the City Clerk. Ken Cottingham, representing Mr. 0'Hare and Mr. Ross, stated he was employed by Stevens, Thompson & Runyan of Seattle and has done a traffic study of the Meeting recessed from 8:22 P.M. till 8:32 P.M. Mr. Cottingham was sworn in and discussed his traffic study which he had made. Commissioner Schoneman brought up-to-date the improvements that are planned for Wheaton Way and the intersections of Sheridan, Sylvan, and Riddell. Attorney Bastian then asked Mr. Cottingham questions about the population spread and other questions concerning his report. Mr. Bastian had Mr. Bob Cirese testify. Mr. Cirese was sworn in and it was made known that he was employed by Larry Smith and Co. of San Francisco as vice-president. Cottingham gave his analysis of the figures that had been put in a report concerning traffic. He also talked about the EBR. Me did not agree with the findings of the reports given by previous witnesses. Commissioner Stewart asked questions of the consultant about the effect of major industry on the doorstep of downtown. Commissioner Schoneman asked if the City had a final draft of the 701 Study and stated he had not received one. Mr. Cottingham stated the report was in the hands of the Planning Dept. and awaiting HUD approval for Financing. Mr. Bastian asked Mr. Victor Bishop to testify and he was sworn in. He made some remarks about traffic and he did not agree with the previous report. His comments brought considerable discussion and Commissioner Schoneman discussed the funds that will be available through FAM funding and 1/2 cent gas tax. Commissioner Schoneman again discussed the work contemplated in the Wheaton Way area concerning acquiring rights-of-way and widening north of Riddell Rd. Discussion was also held concerning future need of another bridge. Concerning Mr. Cirese, he had commented that he was being paid to be at this hearing by the City, which the Mayor stated was not so; that Mr. Bastian had asked if Mr. Cirese could come. Mr. Bastian stated that his side is willing to pay his fee and Mayor Jarstad stated that is between Mr. Bastian and Mr. Cirese. Questions were asked of Mr. Cirese by Mr. 0'Hare concerning state- ments he had made. Meeting recessed at 9:58 P.M. and reconvened at 10:06 P.M. Mayor Jarstad asked if there were any citizens who wished to testify. John Loidhamer was sworn in and stated he owned property near Mr. Ross and he believed that Mr. Ross will be a real asset to the City if he can get his project; that in his dealings with Mr. Ross, he has found him to be a fine outstanding man. Gary Bowdler, 1521 High, was sworn in and asked who would pay For the LID on the downtown development. The LiD process was explained to him by Commissioners Stewart and Schoneman. Jerry Hamling, Rt. 4, Box 2275, was sworn in and spoke about the situation in the Olympia area where a large mall was built in Lacey and an increase in population occurred because of returning state offices to Olympia and the downtown area did not dry up but new businesses came in. James Robinson was sworn in and stated he owned property that borders Ron Ross to the south and that he favored the proposal that was being proposed here. He stated this is what a large majority of the people want. Allen Waldron, 1105 East 31st St., was sworn in and spoke of crowded conditions in the downtown business area and the ferry traffic; he also commented on cars cruising on Friday and Saturday nights which fills the streets with cars. -9- CITY COUNCIL MINUTES January 12, 1977 Page ten Mr. Bastian stated that the downtown development plan is in the hands of elected officials to get something done. He asked the commissioners to read the testimony previously given. He stated that Mr. Ross owns property across Riddell Rd. in the County and he can draw business out there and then Bremerton CBD will be like downtown Tacoma. Mr. Basttan spoke at length concerning the Comprehensive Plan which was adopted by 1966 and summed up his comments by saying nothing has changed since that time and City Council should follow that planning concerning the downtown improvement. Mr. Bastian stated that the next move was up to the City and that there had been a petition signed by 70% of the property owners for an LID. Commissioner Stewart stated this petition has never been filed and asked for a copy so he could see the names of those who had signed. Mayor Jarstad stated the letter is a petition showing intent. The attorneys and bonding people are handling it at this time to see what is legal and what is not legal because some things are not legal under the statutes. Commissioner Stewart questioned Mr. Bastian concerning a statement he made regarding Federal loans, which Mr. Stewart stated he had no knowledge of the City receiving any Federal loans. Mr. Bastian stated he did not remember mentioning Federal "loans". Commissioner Stewart called Mr. Bastian's attention to the Trident impact which has occurred since 1966 and which is having an effect on the area. Commissioner Schoneman questioned Mr. Bastian's remarks that the City had not completed the circulatory system in the CBD. Mr. Bastian stated he was referring to the K-Warner Interchange which is not completed yet. Mr. Schoneman stated Mr. Basttan had commented about the CBD. The Mayor asked Mr. Sexton about decorum and Mr. Sexton stated it was difficult at this time after a long hearing to keep personalities out of it. Mr. O'Hare spoke about the CBD and stated that one of the major proponents of the CBD has just announced a motel to be built out of the CBD. He also called attention to the improvements already made in the downtown, such as the garage and the improvements of the streets. He stated that the majority of the City's improvement money has been used in the oldest part of Bremerton. He commented that the City Council represents all the City. City Clerk stated that the next hearing would be held Wednesday, February 16, 1977 at 7:00 P.M. in the City Council Chambers. Mayor Jarstad asked the City Council, the attorneys, and the press to step into the conference room for a few minutes and announced that the meeting was an open meeting. Hearing recessed at 10:58 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -10-