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HomeMy WebLinkAbout07/20/77 UNAP' OVED MINUTES CITY COUNCIL MINUTES July 20, 1977 TAPE #111 Regular meeting of the City Council of the City of Bremerton, Washington, (A) 789 was held in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, July 20, 1977, at 9:05 A.M., PDST, with Commissioner Stewart presiding. Also present were Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Sexton and representatives of the press and radio. Mayor Jarstad was absent, meeting with the Secretary of the Navy. Meeting was opened with the Pledge of Allegiance and invocation was given by Roy. Jim Fartell of the Westpark Christian Church. MINUTES OF JULY 13, 1977 Clerk presented minutes of July 13, 1977. Commissioner Stewart ordered the minutes to stand approvcd as read. SEPARATIONS John O. Austin, Street Dept., Serviceman iI, Resigned, 7/15/77. Calvin Sylvester Burnell, Parks & Recreation, Extra-Labor, Resigned, 6/29/77. Motion by Comr. issioners Stewart and Schoneman to approve separations, carried. NOTICE OF EMPLOYMENT Robert Nolan Johnson, Police Dept., 1st Yr. Patrolman, $6.31 per hr., 7/18/77. Motion by Commissioners Schoneman and Stewart to approve notice of employment, carried. CHANGES OF PAY STATUS Lawrence Soriano, Bruce Martin, Gary Cunningham, Phil Best, James MaddocK, Christopher Boil, Dave Armstrong and Ronald Danielson, Municipal Court, Appointed Pro Tempore Judges, $9.43 per hr. to $10.73 per hr., authorized by HB 1306 ]st Ex. Session, 7/1/77. Kenneth J. Lewis, Municipal Court, District Court One Judge, $1,570.83 to $1,787.50 per mo., authorized by HB ]306 1st Ex. Session, 7/i/77. Jeffrey V. Kelly, Police Dept., 1st Yr. Patrolman to 2nd Yr. Patrolman, $6.31 per hr. to $6.57 per hr., 7/26/77. Motion by Commissioners Sehoneman and Stewart to approve changes of pay status, carried. PAYROLL VOUCHERS Claims Fund, PICA, Bank Service Fees and Stop Payment Fee, $5,869.85; and Salary Fund, Gross Payroll for period 6/27/77 through 7/10/77, $163,592.04, checked by Darlene Herrmann for City Auditor. Motion by Commissioners stewart and Schoneman to approve Payroll Vouchers, carried. CETA CONTHACT MODIFICATION (Routine Termination) Clerk presented CETA contract modification no. 3 which is decreased by $3,468.00 to a new total of $27,430.00 due to finalization of closeout figures. Once signed by the CETA Director, this contract is again terminated. Motion by Commissioners Schoneman and Stewart to approve CETA Contract Modifica- tion, carried. RULE CHANGE REGARDING POLICE AND FIREFIGHTERS Clerk read letter from Civil Service Secretary/Examiner, dated July i5, ]977, which stated that the Civil Service Commission changed Rule VII, Section 9, of the Civil Service Commission Rules to provide that Police Officers and FdrePighters shall serve a probationary period of 12 months on their initial entrance appointment, due [o the necessity off completing a certified Law and Tralning Course. 'Motion by Commissioners Stewart and Schoneman to concur' in these changes, carried. EMPLOYEES RETIREMENT FUND Clerk presented retirement fund for August in the gross amount of $3,355.46, checked by Darlene Herrman for City Auditor. Motion by Commissioners Schoneman and Stewart to approve Employees' Retirement Fund for August, carried. CITY COUNCIL MINUTES July 20, 1977 Page two CLAIM FOR DAMAGES Clerk presented Claim For Damages from Kiitos Corporation for the sum of $46,298.31. Clerk sbated copies of the claim had been sent to the City Attorney and to the insurance company. LICENSE APPLICATIONS Taxicab Drivers Licenses: Robert Gaylen Ulmen, approved by Capt. Shoemaker for Chief of Police and Dennis A. Larkin, approved by Capt. Shoemaker for Chief of Police. Massage Parlor Transfer: Far East Sauna, transfer to new location, Kum Soon Hobbs, owner, approved by Police Dept., Fire Dept., Building Dept. and Health Dept. Motion by Commissioners Stewart and Schoneman to approve license applications, carried. BID AWARD - DEMAND CHECKING ACCOUNT Clerk read memo from City Treasurer, dated July 19, 1977, which recommeaded that bid be awarded to Peoples National Bank. Motion by Commissioners Stewart and Schoneman ro award bid to Peoples National Bank. Under discussion: Commissioner Skewart stated it was awarded to Peoples Bank after considering all factors including being closer to City Ha]] than the other banks. Motion carried. SURPLUS ITEMS - Police Dept. CLerk read memo from Chief of Police, signed by Capt. Johnson, dated July 14, 1977, which stated that the Police Dept. has a Sears 12 foot aluminum row boat and a 9.5 horsepower Evenrude outboard motor and six gallon fuel tank which should be declared surplus and disposed of in the best interests of the City. Motion by Commissioners Stewart and Schoneman to declare items surplus and dispose of in the best interests of the City, carrLed. 12th ST. ONE-WAY FROM NAVAL TO OLYMPIC Clerk reported that the Traffic Division recommended making 12th St. one-way to the west so traffic will have a signal light at llth and Naval for ingress. Commissioner Schoneman stated the people who live on this street are preparing a petition and he would like to wait for this before making a decision. FINAL REIMBURSEMENT PAYMENT EPA Clerk read memo from Grants Administrator, dated July 18, ]977, which stated that the City has been awarded the final negotiated payment of $36,895.00 for the Sewerage Treatment Plant Modifications and Kitsap Lake Interceptor; that the total amount received for the two projects is $256,500.00. PROPOSED LEASE WiTH EUNICE HUDSON Clerk read letter from Attorney Hackett, dated July 18, 1977, which stated that Mrs. Mudson wishes to lease a small piece of property adjacent to the Hudson Interior Design, Inc. for an initial ten-year term with an option to renew and extend lease for an additional ten years for $100.00 per year. Commissioner Schoneman stated he had discussed this with Mr. tiackett and he felt the lease should be approvcd for this small piece of property to be leased to the abutting property owner rather than someone else. Commissioner Stewart stated he felt it should go out for bids in order to get the best price. Motion by Commissioner Schoneman to lease this piece of property to Mrs. Hudson for $100.00 a year. Motion died for lack of second. A lengthy discussion. ?'ol]owed with Commissioner Schoneman stating he felt it should bc leased to Mi's. Hudson and Commissioner' Stewart stating he felt it should go out for bids. It was decided to wait until Mayor Jarstad returned to make a decision. SET HEARING DATE - WASHINGTON STATE }IW~ DEPT. SUBSTANTIAL DEVELOPMENT PERMIT (Bremerton Ferry Terminal) Clerk read memo from Planning Dept., dated July 19, 1977, which requested that hearing date be set for Washington State Highway Dept. Substantial Develop- ment Permit. Motion by Commissioners Stewart and Sehoneman to set hearing date for August tO, 1977 at 10:30 A.M., eartied. -2- CiTY COUNCIL MINUTES July 20, ]977 Page three REPORT ON SAUNA PARLORS AND SET HEARING DATE Clerk explained that a hearing date should be set for the Sauna Parlors whose licenses had been revoked. Motion by Commissioners Stewart and Schoneman to set hearing date for August 16, 1977 at 9:00 A.M. Under discussion: Commissioner' Schoneman stated that this came as quite a surprise and wondered if this is a campaign issue. Chief Devery explained that it is not a campaign issue; that he had asked Capt. Brown to check on this because he had received several complaints about acts of prostitution. He stated further that he then advised the mayor that the investigations were taking place; that as ions as he is Chief of Police, he will try to keep Bremerton clean. Commissioner Schoneman commented that it is unusual that the investigations were not done before. Commissioner Stewart commented that he just wanted to be sure the City has a good case. Chief Devery stated his department worked very closely with the attorney's office. Motion carried. Clerk stated that on the advice of Chris Washington and with the concurrence of the Chief of Police and the Mayor, he had written letters to the Sauna Parlorsand their attorneys stating they would be allowed to reopen until a decision has been made. No masseuse has appealed so they are not granted permission to work at this time. Commissioner Stewart commented that he hoped the City would not look foolish in reopening the parlors. ELECTION - FILING FEE AND RESIDENCE REQUIREMENTS Clerk read memo From City Attorney's Office, dated July ]9, 1977, which stated that a pcrson claiming to be an indigent may file for elective office without paying the applicable filing fee. It stated further that a Pauper's Affidavit must be filed which states he or she is unable to pay the filing fee required. The memo stated further that the provision requiring candidates for elective office to be qualified electors of Kitsap County for two years last past and a resident of Bremerton is a valid one; but this issue has not been tested in any court. IL stated that Senator Walgren has requested an opinion from the State's Attorney General's Office and this opinion will carry significant weight. CERTIFICATION OF STATE HIGHWAY ROUTES IN BREMERTON Clerk read letter From State Highway Commission, dated July 1, 1977, attached to which were the certifications of the Washington State Highway Commission covering the descriptions of State Highway Routes within the limits of incorporated cities and towns as of July 1, 1977 in the following three parts: (1) Transferred Routes; (2) Limited Access Routes; and (3) Certifications. Clerk stated this information would be given to Commissioner Schoneman. JAMES SKIBVING DIVERTING WATER KITSAP LAKE AREA Clerk read copy of letter from the Pollution Control Hearings Board, dated July 12, 1977, which stated that the hearing in regard to James Skirving and Kitsap Lake Area Water Diverting has been continued to Tuesday, Sept. 20, 1977 at 10:O0 A.M. in the Pollution Control Hearings Board's office, Number One South Sound Center, Lacey, Washington. ORDINANCE NO. 5571 - McConkey Rezone Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. ]792 (McConkey)" Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3571, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3372 - Spitzer/Stark/Brown Change in Land Use Restrictions Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 3036 as amended by Ordinance No. 3195 by amending the ]and use restrictions as they apply to Lots 3 and 4 described therein. (Spitzer/Stark/Brown)". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3372, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. -S- CITY COUNCIL MINUTES July 20, 1977 Page four ORDINANCE NO. 3373 - Vanderpool Rezone Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (George Vanderpool)". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3373, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE N0. 3374 - Cyr/Tempio Change in Land Use Restrictions Clerk read, second reading, "AN ORDINANCE amending the Land Use Restrictions and Site Plan adopted by Ordinance No. 3235 (Cyr/Tempio)". Motion by Commissioners Schoneman and Stewart to pass Ordinance No. 3374, by title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. PUBLIC RECOGNITION Douglas Lince, 328 So. Lafayette, spoke about the initiative that was passed by a vole of the people and stated he felt it is unconstitutional and unfair. Stated he wanted to upgrade his home and modernize it ana he can't get a building permit because of this ordinance. He asked the City Fathers to test this ordinance in court because he and many more people feel that it is unfair, unconstitutional and prejudicial. Commissioner Stewart stated that testing in court takes time and it would be faster to rezone his property to R-2 so he can build across lot lines. Mr. Sexton stated it would take about three months for a decision from the court. Commissioner Stewart stated there is nothing the City Council can do to amend this ordinance; that it has to go to a vote of people to be changed. Mr. Lince commented that it would be less expensive to bring it up in court and he feels it would be in the best interest of the City to test it. Mr. Sexton explained the procedure to get a case before the court. Me stated the City cannot bring a suit to challenge its own ordinance; that the court will not Lake a case on the basis of a hypothetical situation. lie stated it requires a real case before it can go to court. Mr. Lince asked how much it would cost to bring suit and how long it would take and Mr. Sexton told him he had no idea how much it would cost or how long it would take. Commissioner Schoneman asked if this question could be put on the ballot for a vote of the people again and Mr. Sexton answered yes. Commissioner Stewart stated if Mr. Lince could show him that people are willing to campaign for this, he would vote in favor of putting it on the next ballot. Commissioner Schoneman stated the best campaign he could give is to get a petition bearing signatures of peopJe who are opposed to this ordinance. COMMISSIONERS' REPORTS Commissioner Schoneman: 1. Gave reports from Building Dept. for this portion of July. 45 permits were issued for a total valuation of $1,565,392.00. There were thnee large permits: one to Charter Housing Association going in on Wheaton Way; a 60- unit apartment building for the Bremerton Housing Authority for $900,000.00; and an office building for the Kitsap County Human Services on Union Ave. Construction is good in Bremerton. 2. Presently in high gear on construction of the third phase on Sheridan Rd. Curbs and gutters were poured yesterday and a full crew is out there. Hopefully, will have that phase completed by August 20th. 3. Had a request from Attorney Sexton last week to coordinate traffic signals on Washington and Fifth. Police Dept. has informed him that these are activated by pads; therefore, the Burwell, 4th and 6th Streets are traffic activated~.~l.,.. /t'~tl,n/y4. Had an appraisal from Richards and Associates on Meadowdale property. /~j~a~-~ negotiate with North Perry Water DLstrict for acceptance of bid on the ]and. He had hoped that the County would acquire the nine remaining acres for park purposes in that area. Have contacted them but has not heard from them yet. Land will be put up for bid. 5. Last week was requested to have a water report to be submitted on Water Dept. records. Presently have only one-half lake full at Casad Dam and are pumping continually out of Gorst and Anderson Creeks in an attempt to conserve as much -4- CITY COUNCIL MINUTES July 20, 1977 Page five as possible from Casad Dam. The Water Dept. is obligated to release 700,000 gallons a day because of requirement of the Fishertea Dept. It is difficult to continuously store water. There are probably two dry months ~xead and if the halt' lake were used entirely at the rate of 12 million gallons per day average use, in 60 days it would be empty. So it is the recommendation of the Water Superintendent, the Water Supply Supervisor and himself to continue the conservation program and not make any changes unless have good rainfall. Com- missioner Stewart coaunented about the financial picture which he said looked very bleak because costs are up 40% and March and April revenue was down about 20%. Me stated other areas, particularly Tacoma, are advertising for people to use water and Commissioner Schoneman commented that their waLer supply sources are completely different than that of Bremerton. Commissoner Stewart's concern was not having sufficient income to take care of the requirements of bonded indebtedness. 6. Commissioner Schoneman read a report which verifies that during World War II, the water demands did not increase in relation to the number of people. Commissioner Stewart stated the City should not have expanded its water system out in the County and stated he wondered whether the proposed sale of water to Port Orchard was in order. Commissioner Schoneman stated the extreme shortage of water could not have been foreseen and for years the City had surplus water. 7. Congratulated Dr. Donald Proctor, Wastewater Supervisor, for having just received his Professional Civil Engineer's License; that Public Works now has three professional City engineers. Commissioner Stewart: DSttS had wanted the City to reduce its cemetery fee for welfare patients to $315.00 and the City cemetery fee is around $525.00. It was discovered that the best deal they can get other than with the City is $525.00. ~Silt~tgd he talked to the City Attorney and he said this price would be for~only. ~ ~. Stated the cemetery has not been used for many years because it was an eye- sore, but it isn't any more. However, there are not many funerals being held there. Stated that the City's rate is about 40% below everybody else. He has advertised now in the Yellow Pages of the telephone directory. Meeting recessed from 10:28 A.M. until 10:45 A.M. BILLS Motion by Commissioners Stewart and Schoneman to give blanket approval to vouchers 7756 to 7825 inclusive in the amount of $78,763.71, checked by Darlene Herrmann for City Auditor, carried. SET HEARING DATES - Amendment to Section 1104 of Zoning Ordinance, llackler Rezone, Green Rezone, Proposed Change to Zoning Ordinance to Establish special Use Permit procedure for location of Cemeteries and McConkey et all Alley R/W Vacation Clerk read memo from Planning Dept., dated ,July 20, 1977, which requested hearing dates be set for the above hearings. Motion by Commissioners Schoneman and Stewart to set hearing dates as follows: August 17, 1977 at 10:30 A.M.: Amendment to Section 1104 of the Zoning Ordinance Propesed Change to Zoning Ordinance to establish Special Use Permit procedure for location of Cemeteries. August 24, i977 at ]0:30 A.M.: ttackler Rezone and Green Rezone August 51, 1977 at 10:30 A.M.: McConkey et al Alley R/W Vacation. Motion carried. HEARINGS - McConkey Shoreline Management Substantial Development Permit, Boyle Rezone and Washington Federal Savings a Loan Rezone Motion by Commissioners Stewart and Schoneman to hold hearings in the order listed above, carried. Mr. Sexton ]eft the meeting and Mr. Ryan entered the meeting at this time. CITY COUNCIL MINUTES July 20, 1977 Page six McCONKEY SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT HEARING Clerk stated he had properly advertised and posted this hearing as required by law. He then read letter from Dept. of Natural Resources, dated June 16, 1977, which stated that a portion of the proposed apartment complex falls within officially recognized harbor area and is subject to Article 15 of the State Constitution; that a large portion of apartment complex and parking is beyond the inner harbor line and is therefore not acceptable without special approval by the Harbor Line Commission. The letter recentended that additional thought be given to moving the unacceptable use shoreward to privately owned property, thereby eliminating any need to involve the Harbor Line Commission. Clerk then read letter from Dept. of Social & Health Services, dated June 29, 1977, which stated they have reviewed Substantial Development Permit applica- tions from Marilyn Anne belong, Richard H. McDonald, Doug Weeks Construction, Dick Feek Service and Paul McConkey and they have no objections or comments. Ken Attebery, Planning Director, spoke about the permit using a colored sketch and a site plan. He stated this is For construction of a 56-unit multifamily development, a combination of rental and condominiums and boat moorage facility containing 40 slips; that the property is zoned business and R-2 on the southern- most portion of the site. He stated the comprehensive plan shows high-density residential and greenbelt and parkland. Gave a review of the Shoreline Management Act which indicates that the rules and regulations arc fulfilled by the proposal. Stated his concern was that there should be access for the public to reach the publicly-owned land; stated he has verbal assurance that boardwalk would be available for public use and there is also public access at Park Ave. Port of Bremerton stated this did not interfere with their plans. Stated the provision for parking meets the minimums of the City of Bremerton. Mr. Attebery stated the proposal is consistent with the Comprehensive Plan, the Smith Neighborhood Plan and recommended approval with five conditions. PROPONENT: Paul McConkey, 1S45 Lower Marine Dr., discussed the contents of the letter from the Dept. of Natural Resources. He stated that all the other agencies have no adverse comment. tie explained the strangeness of the location of the inner harbor line and stated hc was going before the tlarbor Line Commission and asked For a letter on his behalf. On request of the Planning Director, Mr. McConkcy read five conditions which would be attached to the permit and stated he had no objections to these restrictions. No one spoke in opposition. Commissioner Schoneman stated he thought it was a beautiful location, well-needed in the area and that the indentation to the waterfront was due to the filling of the entire site by the concrete materials company. lie asked if Mr. McConkcy had checked the currents and Mr. McConkey stated he had. Motion by Commissioners Stewart and Schoneman to approve Shoreline Management Substantial Development Permit with restrictions advised by Planning Director and a letter be directed to Mr. Bill Johnson of the Dept. of Natural Resources and direct Mr. Attebery to send the letter, carried. BID OPENINGS - Kitsap Day Care Center and Asphalt Motion by Commissioners Schoneman and Stewart to open bids in the order listed above, carried. Kitsap Day Care Center: Sate Corporation, Inc., bid bond enclosed, $Sll,000.00. Cordon Korsmo Construction Co., bid bond enclosed, $515,555.00. Almer Construction Co., bid bond enclosed, $525,670.00. Motion by Commissioners Schoneman and Stewart to refer Lo proper committee for recommendation and award at a later meeting, carried. Asphalt: Tucci ~ Sons, Inc., bid bond enclosed, $82,790.00. North Kitsap Gravel Asphalt, bid bond enclosed, $85,625.90. Union 0il Co., no bid. Shell Oil Co., no bid. Ace Paving Co., Inc., bid bond enclosed, $85,965.00. Motion by Commissioners Schoneman and Stewart to refer to proper committee For study and bring back recommendation today, carried. -6- CITY COUNCIL MINUTES July 20, 1977 Page seven Mayor Jarstad entered the meeting at 11:09 A.M. TAPE #111 DOYLE REZONE HEARING (A) 1758 Clerk stated he had advertised, posted and mailed letters of notification as required by law. He read Planning Commission Resolution No. 415 recommending denial of rezone From R-1 to B-1. Clerk stated 56 advisory ballots were sent out; 22 returned with 16 agreeing and 6 disagreeing. Clerk then read letter from M. E. Fredriokson, 5501 Harkins Place, dated June 27, 1977, approving the rezone. Ken Attebery, Planning Director, spoke about the rezone using a sketch and site plan. He stated the proposed use would involve remodeling an existing house and adding an addition to make a total of approximately 1600 sq. ft. for a chiropraetie clinic; that the plan indicates on-site parking for 10 cars. Stated this would be the first rezone in an unbroken row of residential and this rezone will make it very d~fficult to retamn single-family dwellings. Mr. Attebery submitted a memo, dated July 20, 1977, regarding both the Doyle and Washington Federal rezonc applications. The main thrust of the memo was that it agreed with the decisions of the Planning Commission on these two fezones and recommended study of the area in depth rather than piece-meal fezone in order to protect the stable residential area to the west and south. PROPONENTS: Fred Cook, Spot Realty, distributed air photos. Stated that the City Council is looking at an overall rczonc for the entire area of Harkins Place. He stated he would like to have the Washington Federal Savings g Loan and Doyle fezones together and make a decision on both because they are tied together. Commissioner Stewart stated he has less than ~% interest in Olympic Savings and Loan and he has been told not to vote on the Washington Savings fezone. It was agreed that the Doyle fezone would be heard by itself. Mr. Cook stated that Harkins Place was not suitable for a residential use; high traffic, noise, air pol]ution, etc. and no longer stable. The people on Harkins Place want the fezone. They don't want their families living there any longer. Called attention to traffic accidents on the corner. Stated the rezones might help with some of the traffic accidents and if the corner' goes business, it would probably open it up more and the oncoming traffic will be seen because a large portion will bc parking for future business that may come in. Monte Beam, Spot Realty, stated that the opposition feels this area is part of their community when it is isolated as far as the street is concerned and ~s really related to the corner. It js a small cul-de-sac and goes in about a hundred feet. He stated the actual impact on traffic and any load patterns will have a very minimal effect. Stated three corners are business and eventually this corner will go business. Coming in with the lowest profile ~fFect from business to residential. This is a doctor's office that will look like a house and even a transition to a Savings and Loan would bc similar because most of their business is done by mail and they have a low traffic count in relation to a bank. Stated the highest possible might be 50 cars on paydays, but it would be more like 25 or S0 driving into the Savings and Loan. Commissioner Stewart disagreed with the count and thought it should be higher. Mr. Beam talked about the ballot count and stated that 14 were fop it and three opposed. John Doyie, 4020 Bledsee, stated one of the major complaints is that the people on Solic are interested in keeping a buffer zone and so basically they want Mr'. West to be that buffer zone; that these people are somewhat prisoners because they can barely sell the ]and for $25,000.00 and he has offered $55,000.00; that they would like to move and they can't afford to. He stated that he would be an excellent buffer and it would not be hard-core commercial. Also, this is not a through street and this could be made very attractive on a professional basis. Me said the piece of property he is interested in would be at the roof of the houses below and there is a cement wall there. Tom Pruitt, 3205 Markins Place, stated he now has to get into Harkins Place through three traffic lanes; can't let his daughter play in the front yard; that cars think they can get through but can't. Stated that he has lived there For tbree years and there is a tenter behind him. Also hc is 2~ ft. higher in elevation than the property below and they can't see his house and he can only see the roofs. Stated this js a quiet business and this won't bother the people below him. -7- CiTY COUNCIL MINUTES July 20, 1977 Page eight William Forham, 3314 Harkins Place, stated he lived in the first house on the corner of Sylvan and Wheaton; that he moved there over 20 years ago. Spoke of the heavy fincrease in traffic since that time and litter and the wailing siren beamed directly at his bedrooms which goes off many times at night. Stated that the office building is not the type to generate noise and is the type of business that would render a service to the community. Dorothy Hartsen, 3308 Harkins Place, stated she was in favor of the rezone as was Arlene West, 3315 Harkins Place, Dale Turtle, 3309 IIarkins Place and Elizabeth Buell, 3302 Harkins Place. Mrs. Buell spoke at more length giving her reasons. One thing Mrs. Buell stated is that she didn't know anyone who really wants to live there because it is just too busy. Also noted that the houses there are up higher and they have a buffer zone by the high bank. She stated she lived there For 18 years and only knew people on Harkins Place because they are separate from Olympic Manor. OPPONENTS: John Hawk, 3243 Solie, stated his objection was not to the type of business that would be in because he probably couldn't Find any that would cause less problems, but their second concern is what would happen in the future. The first concern is traffic and he discussed the traffic patterns and speeds at some length. Stated he would like to see the area left as it is because he believed the change would generate traffic. Comanissioner Stewart discussed what would happen if the Council would restrict the type of business that can come in rather than leave it wide open B-3. He stated he thought that it was necessary to build some kind of a buffer' zone to protect both the Olympic Manor residences and the tlarkins P]ace people. Chuck Semancik, 3307 Solie, stated the road on Solie was never dcsigned for trucks and they were concerned about the traffic. Commissioner Stewart suggested streets might be restricted as to truck travel and Mr. Hawk was interested in restriction of traffic. Genevieve Ferguson, 1114 East 33rd, stated this has been her residence for 33 years and now the Council is going to force them to sell; that this will destroy a whole residential area. Charles Denend, Associate Broker for Spot Realty, stated he had been involved with the area and realized the problems of changing From residential to commercial but he did not know of any area that was better suited. Stated there is a 25-foot bank between Harkins Place and the homes below and this would make it an ideal buffer zone. Mayor Jarstad reviewed the events that have taken place in fezcuing on the Wheaton/Sylvan area. tie stated he was not very flexible in fezcuing unless someone can present to him that they can take care of the problem, the noise on the corner and also the residences on the below property. He was concerned because of what has happened when screening was not cartled out and he favored a comprehensive plan on this site to protect the lower portions. He discussed the concerns of various people and stated what is needed is a total package. Stated an affirmative vote is wanted. He stated he would have to concur with the determination and decision of the Planning Director to set aside any decision in this area until can get a comprehensive plan to protect the lower property and the neighbors to the west; that there will have to be safeguards. Commissioner Stewart stated he was in favor of the mayor's suggestion. Commissioner Schoneman stated when the intersection was designed at Sylvan and Wheaton, this portion of land was not included to go commercial or any way other than residential; that there will be no ingress from Wheaton into this intersection. So as Mr. Hawk stated, the traffic is going to be run down this lower area. Stated he eannot interfere with two lanes going south or any type of ingress or egress and this would weigh heavmly against the Savings and Loan. Stated the professional building would support the residents and would get as a buffer. He commented that there was going to be a third application for a building in Harkins Place and he agreed that there should be planning for the entire section and would be in favor of withholding any decision at this time. Motion by Mayor Jarstad and Commissioner Stewart that this fezone be not acted upon by the Clty Council at this time and that it be remanded back to the Planning Commission under the recommendation of the Planning Director for further evalua- tion and working toward a developmental plan for the total area that is proposed to be rezoned, carried unanimously. -8- CiTY COUNCIL MINUTES July 20, 1977 Page nine Commissioner Stewart left the room at this time. WASHINGTON FEDERAL SAVINGS & LO~2N REZONE MEARING Mayor Jarstad stated that he would propose the same motion and Mr. Fred Cook of Spot Realty stated he believed this would be satisfactory with Washington Federal Savings and Loan and asked if there would be any time-frame. The mayor could not promise him as to how long it would take. Mr. Attebery stated that in order to assist in expediting this, the people should submit the proposal for the third development as soon as possible and then the architect will get together with the planning people. Motion by Mayor Jarstad and Commissioner Schoneman to take same action on this rezone as on the Doyle rezone, carried. Commissioner Stewart re-entered the meeting at this time. BID AWARD - Asphalt Motion by Commissioner Schoneman and Mayor Jarstad to award asphalt bid to Tucc~ & Sons, Inc. for $82,790.00 as the low bidder, carried unanimously. COMMISSIONERS' REPORTS (continued) Mayor Jarstad: 1. Recommended the hiring of the firm Harry B. Rich, AIA, for architectural design consultant of the new swimming facility and building to be placed on the Eastpark site. Mayor Jarstad gave a number of comments regarding the background of Mr. Rich and his professional experience and discussed the size of the pool and the type of pool arrangement. lie stated he had a contract to tender to the attorneys to go over and it basically would be 8% of the million dollars. That figure will be constant. If the City builds an additional recreation room to serve the youth and senior citizens, it could spend about $1,300,O00.00; however, the architect's fee will be constant and will only apply to the million dollars. The City could get the architectural fee down to about 6%, which is an excellent negotiation from the City's point of view and would recommend the City execute the agreement. Motion by Mayor Jarstad and Commissioner Stewart that the City engage the firm of Harry B. Rich and Associates under those percentage figures and instruct the City Attorney to check over the contract and authorize the mayor and city clerk to execute the contract. Under discussjon: Commissioner Stewart spoke of his confidence in Harry Rich. Mayor Jarstad commented that Mr. Rich had looked at the site and his reaction was that it was a beautiful site. The best location will be on the east side of ,Jones Dr. where it will have the tree cover behind it and it won't block the view of the total park. Probably will be breaking ground in late October. The architect will definitely make the time schedule. He stated there will be no problem at all on the 90-day period. Commissioner Schoneman congratulated the mayor and Commissioner Stewart For their efforts and stated this is one of the most beautiful sites in the world. Motion carried unanimously. 2. Have serious problem in the Police Dept. as far as staff officers are con- cerned and the department is going up from about 52-53 officers and will need an additional sergeant's position; that with the disab]liiy leave of Sgt. Forrester, the supervisory personnel are short-handed. It was the mayor's recommendation and he stated also the Police Chief's that another sergeant position be approved. Motion by Mayor Jarstad and Commissioner Stewart that this ean be included within the Police Dept. budget request of this year. Under discussion: Mayor ,Jarstad explained this request involved an additional sergeant and there will be a replacement for Sgt. Fortester when his disability leave is completed. Nowever, there :is a need for immediate sergeant so the Police Dept. can bring up the next person in line. Clerk stated he would confer with the City Auditor to see how this should be handled within the budget laws. Motion carried unanimously. ~. Parks Dept. has an office assistant position but a more important need is for additional recreation leadership and Ray Foley has recommended the office assistant position be eliminated and create a new position which would be a recreational aide. There would bc no need For additional money. Motion by Mayor Jarstad and Commissioner Stewart that this ohange bc made ~n accordance with budget law, carried unanimously. -9- CiTY COUNCIL MINUTES July 20, 1977 Page ten 4. Stated Chief Dcvery has been working on a new design For the layout of the Police Dept. and the Chief asked Capt. Joe Shoemaker to explain the plan to the City Council. After the plan of shewing facility changes which would help to use less manpower in the station and make the building more secure during off-hours, it was noted that the cost would be estimated at about $20,000.00. Motion by Mayor Jarstad and Commissioner Stewart to concur in the proposed plan and take the next steps to implement the plan, carried unanimously. 5. Visrited this morning with the Secretary of the Navy Claytor. Stated he had met him in Washington, D.C., and he has brought his wife with him on this tour. Mr. Claytot had apologized for not being able to spend more time in the Bremerton area and promised he would be back. NEW VAN - Engineering Dept. Clerk read memo from City Engineer, dated July 18, 1977, which stated that the new Van has been examined and acceptance is recommended. Motion by Con~missioners Stewart and Schoneman to accept new Van, carried unanimously. R/W WHEATON WAY - Quit Claim Deeds g Slope Easement Clerk read memo from City Engineer, dated July 18, 1977, attached to which were two Quit Claim Deeds For R/W on Wheaton Way and a slope easement. The deeds are from Ronald Ross and Cascade Evergreen Co. and the slope easement is from Cascade Evergreen Co. Motion by Commissioners Sehoneman and Stewart to accept deeds and slope easement, refer to City Attorney for checking, and to City Clerk For recording, carried unanimously. Meeting adjourned at 1:02 P.M. G. C. Yeadon, St., City Clerk Approved: Glenn K. Jarstad, Mayor -10-