Loading...
HomeMy WebLinkAbout10/19/77 UNAPPROVED MINUTES CITY COUNCIL MINUTES October 19, 19'77 Regular meeting of the City Council of the City of Bnernerton, Washington, was heJd in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, October 19, 1977 at 9:00 A.M. with Mayor Jarstad presiding. Also presenb were Commissioner Stewart, Commissioner Schoneman, Deputy City Clerk Ross, Asst. City Attorney McCluskey and representatives of the press and radio. City Clerk Yeadon was absent, on vacation. Meeting was opened with the Pledge of Allegiance and invocation was given by Mayor Jarstad. MiNUTES 0F OCTOBER 12, 1977 Deputy Clerk read minutes of October 12, 1977. Mayor Jarstad ordered the minutes to stand approved as r'ead. REPAIR OF WARREN AVENUE SUBMARINE LINE Commissioner Schoneman stated a submarine water main blew a bolted joint about lO0 f~. from the south shore of the Port Washington Narrows at a depth of about 24 ft. He stated the Fire Dept. Scuba divers located the break, took flash pictures of the joint and tied a marker buoy on it; ~hat Albitus Inc., a commercial diving firm, has been contacted to make the repair; that the Water Dept. has replacement materials to make the repairs. Motion by Commissioners Schonernan and Stewart to authorize emergency procurement of services from Ablitus, Inc. of Seattle to make the repair for an estimated cost of $2,556.00. Under discussion: Commis- sioner Schoneman stated it is important this line be placed back service as soon as possible since it is one of the main feeder ]ires ~or East Bnemer'ton. Motion earnled unar~imous]y. SEPARATIONS Vicki Ernel, Police Dept., Office Asst. li, 10/14/77. James L. Schwab, Police Dept., 1st YP. Patrolman, 10/]5/77. Eric Swanson, Jona Peabody, Kelly Barns, Pat Sobczyk, Steve Coobran, Engineering Dept., Extra-Help, 9/22/77. Motion by Commissioners Schonernan and Stewart to approve separations, carried unanimously. NOTICES OP EMPLOYMENT Thomas Frederick Flanagan, Police Dept., 1st Yr. Patrolman, $6.31. per hr., 10/17/7'7. Michae] D. McKinley, Fire Dept., Sir. Finefighter, $4.51 per'hr. 10/12/77. Motion by Mayor Jarstad and Commissioer Stewart to approve notices employment, carried unanimously. CHANGE OF STATUS John R. Sutton, Jti., Police Dept., CETA to CSE, no change in pay 10/17/77. Motion by Commissioner Stewart and Mayor Jarstad to approve change of status, carried unanimously. TAXICAB DRIVERS' LICENSE APPLICATIONS Mary Ellen Fartell and Charles H. Bahhens, both approved by Capt. Shoemaker for Chief of' Police. Motion by Mayor Jarstad and Comrnissioner Stewart to approve taxicab driven~s license applications, carried unanimously. BrD (!AI,LS - Annual Contracts for Materials & Services to 12/32/78 Deputy Clerk presented requests for calf[ for bids on the following: L,ubric'atin~ 0ils, Greases, Hydraulic Fluids, Etc. for ]978; Gasoline Supplies f'or 1978; Maintenance A~reement on Parkin~ Carale Elevator; Operation of Craven Center Parkin~ Lob; Concrete Products & Related Items for' ]978; Office Machine Repair & Servicing for' 1978; and 0fficiaI Publications for 1978. Motion by Commissioners Stewart and Schoneman to call for bids on aDove ih~ms, carried unanimously. CITY COUNCIL MINUTES October 19, 1977 Page two BID AWARD - Phase I, Site Preparation Swimming Pool Deputy Clerk read letter to Mayor Jarstad from Harry B. Rich, dated Oct. lY, 1977, which recommended that bid be awarded to Tisdale Construction Co. Motion by Mayor Jarstad and Commissioner Stewart to award bid to low bidder, Tisdale Construction Co. Under discussion: Mayor Jarstad commented that ground breaking has been scheduled for Nov. 1, 197Y. Motion carried unanimously. SHORELINE MANAGEMENT PROGRAM Deputy Clerk read letter to Mayor Jarstad from DOE, dated Oct. 17, 1977, which stated the revised shoreline management program has been received and will be reviewed within the next 90 days by the Dept. of Ecology. COONTZ SCHOOL SITE Mayor Jarstad statea ~nal when negotiations were underway for the swimming pool/activity center grant, the City allocated $7~2,OOO.OO to Bremerton School District on the condition that the amount of money owed on the Coontz School property can be paid at any time. Motion by Mayor Jarstad and Commissioner Stewart that payment of the amount due for the purchase of the Coontz proper~y be made and ~t be taken omt of the Cumulative Reserve for General Municipal Purposes ~'und. Under discussion: Mayor Jarstad stated the original purchase pr~ice was $106,0OO.OO and the City has paid $500.00 pem month since June b, 1977. Motion carried unanimously. SWIMMING POOL/ACTIVITY CENTER Mayor Jarstad stated that Phase I will be underway as soon as the bids are cIeared for the swimming pool/activity center. COONTZ SCHOOL SiTE (continued) Commissioner Schoneman inquired if this area could be opened up temporarily for parking. Mayor darstad stated parking there would be an illegal uti].ization of that property and he feels i~ should not be considered. Commissioner Stewart asked Mr. McCluskey if it would be all right to get a Warranty Deed with the legal description checked out by the Engineering Dept. or get title insurance to insure the title has no liens on it. Mr. McCluskey stated he agreed that one of the two should be done. Commissioner Stewart stated maybe it would be better to go ahead and get title insurance; that it would cost about $500.00 or~ $6OO.()O. PHASE II OF DEVELOPMENT OF COONTZ FIELD Mayor Jarstad stated two applications will be submitted to the inter- agency committee. One of those will be for Phase II of the Development of Cooritz Fie]d, which is the application for $100,000.00, of which 50% will be pledged by the City and Bremerton Kiwanis Club. Stated there is no commitment from the Kiwanis at this time, but they do have money in reserve and they are preparing other activities to raise money. Application must be submitted in the first quarter of ~978. Stated the other app]icatiom that is being submitted is for 50% match money on the purchase of the White Blueberry Farm° Motion by Mayor Jarstad and Commissioner Stewart~'zoncur in the develop- ment and meetingSthe deadlines on these applications. Under discussion: Commissioner Stewart stated there should not be any lien or obstruction put on the Cooritz property; since the property was paid for 100% by the City, a control should not be placed on this property because there was a grant for any amount. Mayor Jarstad stated he did not feel there was any problem because this property was purchased. Commissioner Stewart asked that this be checked out with Grants Administrator because he does not want the City to have a Drob]em with this prooerty in the future. Motion carried unanimously. -2- CiTY COUNCIL MINUTES October ]9, 1977 Page three ENERGY QUESTIONNAIRE ~'ROM AWC Deputy Clerk presented letter from AWC, dated Oct. 13, 1977, attached to which was an energy questionnaire in regard to energy conservation activities and/or training needs of local governments. The letter requested that this questionnaire be completed and returned, Deputy Clerk Ross stated the Clerk's office is continually getting requests to fill out and return questionnaires and it is very time-consuming. REPAIRS TO 1977 DODGE MONACO - REQNEST TO AUTHORIZE PAYMENT Deputy Clerk read memo from Capt. Johnson, dated Oct. ~7, ]977, which stated that a new patrol car (#1448) had been involved in an accident receiving extensive damage. Bids for repair were received from Long's Body Shop, Uptown Body Shop and Itaze]wood Buick. Haze]wood Buick was low at $2,]77.43; however, hidden damage was discovered, repaired an~ brought the original bid to $2,697.54. Memo requested City Council approval of the complete repair job. Motion Oy Mayor Jarstad and Commissioned Stewart to authorize payment for repairs to Police Dept. vehicle [Car 144B~. cmrr~e4 i~nfln~ln(]l]~]\f. LETTER OP INTENT - CM2M HILl, Deputy Clerk presented letter ~rom BiJl Dehn, CH2M Hill, dated Oct. ]4, I977. Commissioner Stewart explained that Mr. Dehn wants a letter of intent for the selection of CH2M Hill to follow up on necessary work for the sewerage plan. Motion by Commissioners Stewart and Schoneman to send letter of intent to CH2M Hill to select them for follow-up on necessary work for the sewerage pJan on approval of the contract in the future, carried unanimously. TREES ON ELEVENTH STREET OVERPASS Deputy Clerk read memo from Parks Dept., dated Oct. ]4, ]977, wh~eh stated that a number of trees along the ]].th St. Overpass, between Callow Ave. and Kitsap Way, have died and need to be replaced; that the tree pinning project was undertaken in 1979 with monies donated by Sotoptimist International of Bremerton; and it was agreed at that time that once the trees were planted the City would assume responsi- bility for care and/or replacement. Commissioner Schoneman stated the Sotoptimists came up with the money for this program and the City has done everything else. He stated the trees on the south side are in good shape; the ones on the north side are the ones that have died. He stated he does not remember the agreement, but the City Parks Dept. planted the trees and the Street Dept. has been watering the trees. Those trees make a noise barrier and that was the intent of the t~ees being that close together. Motion by Commissioners Schememan and Stewart to support replacement oF these trees. Under discussion: Commissioner Stewart asked where the money would come from and Deputy Clerk stated it would come out o~ the Parks Dept. budget. Motion carried unanimously. LEOEE RETIREMENT SYSTEM (Costs) Deputy Clerk presented letter from State Actuary, dated Oct. S, 197'7, attached to which was a questionnaire in regard to the cost off the LEOEF system to the City. The letter requested that this question- naire be f~lled out monthly beginning with Oct. 1977. HEARIN(~ EXAM~NER (james D. Braman Letter) Deputy Clerk presented letter from James D. Bremen, dated Oct. 1], ]9'/'Z, in regard to the Hea~ing Examiner conl;ept. Commissioner Stewart stated a hearing examiner should be considered. Mayor Jarstad stated the process is to adopt an updated City Comprehensive Plan in 1978; that a hearing examiner has to have a rule of law on which to make a judgment; that he cannot make decisions on his own. He stated a hearing examiner is a good tool and it has been working fine in other areas. Commissioner Stewart stated he would like to see the City go CiTY COUNCIL MINUTES October 19, 1.9'77 Page four back to the old system where a majority of the property owners in a neighborhood had to agree to a fezone before a hearing was held; stated this is a good way to go. Mayor Jarstad requested that copies of the letter be sent to the three commissioners. WATER RIGHT CERTIFICATE (Skitying) Deputy Clerk presented copy of letter to Mr. Skitying from DOE, dated Sept. 26, 1977, in regard to a temporary Change of Point of Withdrawal under the Water Right Certificate and gave provisions of this temporary permit. Mayor Jarstad stated this is a judgment by the court allowing Mr. Skirvfing to extend his temporary permit, but the~e are two pro- visions set down by the judge: (~) That if there is a deterioration in the lake Yet wild habitat, etc., or (2 if an alternative source oE water becomes available from the City Water Supply Eor the use of gravel washing, this temporary authorization shall be amended or with- drawn by the DOE. He stated he would like to make water available to Mr. Skirving so he can stop tapping Kitsap Lake for industrial uses. Motion by Mayor Jarstad and Commissioner Stewart to make water avail- able to Mr. Skinving. Under discussion: Commissioner Schoneman stated the motion rrlust be based on the ability to give Mr. Skitying water at this location without a costly outlay to the City in order to do so. He stated the motion states the City will furnish him water regardless. He stated he would much rather furnish water from the City tham from his present source at the bake, but the reasons he did not buy frorrl the City must be explored; that the shortage last year precluded his buying water, but there may be other reasons. Commis- sioner Stewart asked if there is a main in that area and CorIlmissioner Schoneman stated there is a main and reservoir but there is the matter o£' flow there and pumps placed there in order to furnish him at his location. Mr. Skitying has to make aoolication for the DurnD. Mayor Jarstad stated that the City will make the water available and then it becomes Mr. Skirving's problem to get the water. Mr. McCluskey stated the motion is oreper and the Dept. of Ecology should be informed that the City has water available. Motion carried unanimously. RESOLUTION - Hiring of Burke Nicolais Archuleta Deputy Clerk read, "A RESOLUTION directing the hiring of the firm of~ Burke Njco]ais Archuleta to prepare mater'ia.[s for a Preliminary Deter- minatiom of Intent for a downtown urban redeveLoprnent plan pursuant to RCW 35.81". Commissioner Stewart stated he wantecJ a letter From the people who are going to pay fop this and a letter feom the bank so he knows it Lsn't coming out oF the City treasury. He stated they are talking about $22,000.00 and he wants the letters and money in escrow before the Clty is obligated. Deputy Clerk stated it is conditioned on the receipt of the K'eimbursement agreement with the proposed Downtown Redeve]opm~nt Group for the sum of $22,000.00. Mayor Jamstad requested that action be postponed for another week. Commissioner Stewart stated he wanted to find out exactly what Caldwell Banker is going to do for theLn two million dollars commission. Commissioner Stewart stated that he is not sure the City will not be paying a commission to Caldwell Banker Co buy thelr own property. Stated the questions Of the Council should be answered before a decision is made to sign thLs Resolution. ,john McConne]] stated he felt it should be clarified sO the average citizen can understand it. PUB[i [C RECOGNITION Mr. Meyer, 2]4 Shore Dr., representing the Manette Peninsula Association, spoke about the small piece of property owned by the State at the east end of the Manette Bridge. Stated discussions were held about developing that pLece of property 1rite a mini-park. He stated Mr. McDonald, who owns the Boat Shed, would like some of that area for parking space. Representatives of the SCate, Planning Dept. and members of the Manette Neighborhood met and discussed the entlre situation; the State agreed to lease that property to the City and the City could lease a portion -~- CITY COUNCIL MINUTES October 19, ]9'7'/ Page five to Mr. McDonald and the balance of the property be used for a small mini-park. He asked what the next step is for the Manette Neighborhood. Mayor Jarstad stated the best procedure is that the City enter into a lease with the State and a plan be prepared that will show a multi- use for the entire area. He stated there has been some question of continuing that park-like area under the bridge and around on the other side also. Stated he feels this first phase should be taken care of ~irst, the one on the east side- Stated he would like to see this as a project of the Beautificatiop Committee that is sponsored by the Manette Peninsula Association. Ken Attebery stated there have been discussions with the State Dept. of Transportation arid they are amenable to the City entering into a lease agreement. Stated the State has indicated their District Landscape Architect will be willing and happy to review the development of the property; third year architect student is available who is working with the neighborhood association in developing their own ideas for the site. Motion by Mayor Japstad and Commissioner Stewart that Mr. Attebery work with City Attorney's office, Parks Dept. and the State to draw up a lease. Under discussion: Commissioner Schoneman suggested that instead of leasing the property, the City acquire it. Mr. Ross suggested that if there is a lease, the lease should be reviewed for the excise tax liability. Motion carried unanimously. COMMISSIONERS' REPORTS Commissioner Stewart: 1. Stated there is a dangerous tree at 1010 Ninth St. on the a].~ey bordering Warren Ave. Playfield with limbs falling off it. This tree is adjacent to City property. Owner told him he would try to get the money to have it taken down, but it will cost about $390.OO. Everybody agrees this is a dangerous tree and i~ should come down. Mayor Jarstad explained that the Cjty would like to hire a firm to remove the tree, with the owner's permission. He stated that he thinks the owner is willing to work with the City in any cooperative effort and if the wood is cut up and sold for firewood, there might not be too much ]Left to pay. Commissioner Stewart staged the tree must come down before someone gets hurt. Mayor Jarstad commented if the City has the owner's concurrence, in the interest of public safety, it can be removed at the City's expense. Commissioner Schoneman stated if this were done, it will set a ppeeedent and others wffll expect the City to remove dangerous trees on private property. He stated people are informed that it is their tree and they must remove it. Comrnissioner Stewart stated there is arx ordinance that states the owners must take care of dangerous trees, but he does not want to dil]y-da]ly around. Commissioner Schoneman asked for a method of procedure from the attorney's office and Commissioner Stewart answered he did not want to fool around for another week. A lengthy discussion followed between Commissioner Stewart and Commissioner Schoncman. Mayor Japstad stated Lt would be proper ~hat the City make an attempt to have the tree taken down according to the recom- mendations of the City Attorney's office. He stated it is up to the City Attorney to instruct City Council what the f]exibi]ities are in getting this tree removed and how to go about it. Me stated no action should be taken except the action that the City will have the tpee removed and follow the recommendations of the City Attorney when he informs the Council of the alternative routes to follow. 2. Port Orchard has asked to talk to the City about doing their parking tickets on the computer. Have looked into it and see no problem at all; don'l. kr~ow exactly what the cost will be but would like to do this. Stated the costs will be covered and it might make a small profit for the City. Motion by Commissioner Stewart and Mayor Jarstad that the City begin doing parking tickets for Port Orchard on the computer, carried unanimously. CITY COUNCIL MINUTES October 19, 1977 Page six Commissioner Schoneman: 1. Spoke of the water maln break of the submarine Jine that crosses adjacent to the Warren Ave. Bridge. Thanked the Fire Dept. divers For making the search. It was about 100 ft. from the south shore adjacent to the Warren Ave. Bridge and approximately 25 ft. deep. Eliminated the use of that paeticular main. The first action taken by City Council this morning was to allow this firm to go in there and make the replacement. He showed pictures of the break. 2. Stated he visited Domsea yesterday and looked at the Domsea Fisherlea Rearing Ponds. Stated they are continuing their construc- tion of additional beds and they want to discuss this with the City prLor to obtaining a permit. They plan to put in another $100,000.00 worth of work out there in new concrete rearing ponds plus filtration mends. This is inside the City llmits and they do hire between forty and fifty people. ~. Building permits issued for first part of October: 24 permits, total valuation of $:328,791.00. 1977 has been a record year of permits sold. In 1976,686 permits were issued for a total valuation of $9,183,812.00~ in 1977, 6?3 permits issued to date for a Coral valua- tion of $]6,2]9,789.00. Assessed valuation of the City of Bremerton continues to grow. 4. In regard to street improvements, Sheridan Rd. is completed and there is still some work to do at the intersection of Sylvan and Wheaten, a portion of sidewalk. Stated this wl]l ajl be rapaiDed this week. Have experienced some difficutty with traffic signals at this intersection. He stated it takes time to get the bugs out of the new lights. b. Doing a few maintenance overlays. Finished ]3th yesterday from Callow to Rainier; also Henry St. was resurfaced. W1]] be in on 14th St. between Ohio and Lincoln next week and then also Kean St. That wi]~ be about the end of the funds for maintenance work. 6. Received appointment to Transportation Committee in an advisory capacity. Stated he has accepted and the first meeting will be Nov. 10, 1977. Now that he is going out of office, more people would like him to get on their boards, including the Executive Board of the Boy Scouts and others. His time will be well spent. Mayor Jarstad: 1. Stated he wouJd like to make people aware of the tremendous amount of traffic in the Bremerton area and urged everyone to drlve defensively. Spoke about an injury accident on Auto Center Way. Stated emergency equipment was on the scene within three mlnutes. He stated more police officers have been added to the patrol division and they are writing more tickets than they have ever written in the history of the City. 2. Requested authorization to pursue an agreement to utilize federal funding that is availabke for a complete evaluation on how to look to the future on restoring Kitsap Lake to the cf[carness and cleanliness which it was 40 years ago. Monies are available, up to 90% funding, to have a complete evaluation done. Motion by Mayor Jarstad and Commissioner Stewart that authorization be granted to proceed and bring a proposal back to the Council to hire a firm that will do a rehabilitation and developmental study on Kltsap hake. Under discussion: Commissioner Schoneman asked what the estimated cost would be and Mayor Jarstad stated he did riot know at th~s time. Mayor Jarstad stated this is rea]ly a long-range look at the life span of a lake and how l[ffe span can be extended and how the quality of the lake can be improved. Motion caPried unanimously. HEARZMGS - Green Shoreline :Substantial Permit & Pacific Domains Rezone Motion by Commissioner Schoneman and Mayor Jarstad to hold hearings in the order listed above, carried unanimously. CITY COUNCIl, MINUTES October 19, 1977 Page seven TAPE ll9 GREEN SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT HEARING (A) 1903 Mayor Jarstad explained that a decision would not be rendered today because Mr. Green had requested a delay of one week as his wife was undergoing major surgery today. He stated that testimony would be taken and a decision given next week. Deputy Clerk stated this hearing had been posted and advertised as required by law. He then read letters in opposition from Mr. & Mrs. Clyde Schlichting, Mr. & Mrs. Larry Reynolds and Clara & Jim Linder. Ken Attebery, Planning Director, stated he would like to emphasize this is not a fezone hearing. Me gave the background of Mr. Green's request for' an extension of his Substantial Development Permit. Stated there are two p.rovision~ the Shoreline Management Act which come into effect appDoximately^after the issuance of a permit. The permit For this project was issued in about July 1975, so that two-year period has now transpired. Mayor Jarstad asked if the action of the Shore[fine Management ~s applicable to Mr. Green's perrrljt and Mr. Attebery stated yes. Mr. Attebery stated the regula- tions under the Oct. 5th document are now applicable to this property. He stated the Shoreline Act indicates that construction on substantial progress toward construction of a project for which a permit has been granted must be undertaken within two years after the approval of the perr~it. if substantial progress has not been made, the original permit will be considered void. He stated that the City may, at its discre- tion, extend the two-year time period fen a reasonable time based on factors including the inability to obtain governmental permits which are required prior to constnuctLon. He stated in the spring of this year', about the time City Council repealed the 9 unit per acre ordjr~ance and after the moratorium was placed, Mr. Green attempted to apply for a building permit but was discouraged from doing so. The construction as proposed could not proceed in the R-1 zone. Several weeks ago, Mr. Green applied for a rezone and it was denied. Mr. Green then made application to revise his permit application so it would fit in the R-1 use classifications. Mr. Green is now proposing two dupfexes and he has purported there is su~ficient up]and property to support two duplexes in the R-1 zone. Mr. Attebery stated permits can be revised and the pcnrniCted changes are govenned by certain criteria. He then gave these criteria. He stated there is one final Drocess that has become involved and that is rules and regulations of the Shoreline Master' Program have come into effect and there are several areas where Mr. Green's proposal may have to be modified or consideration oF varianees given. Spoke about the 28 ft. setback; stated that he is probably filling more than 60% of the lot. Commissioner Stewart asked Mr. Attebery if Mr. Green was aware that he is in violation oF the Shoreline Master Program and Mr. Attebeny stated th~s proposal was drawn prior' to the ordinance and he has not made any statements regardLng the revision of this proposal in the last week. Commissioner Stewart asked why a hearing was being held Lf Mr. Green is in violation and Council cannot legally approve this unless be goes through the processes of a variance. Mr. Attebery stated the hearing was advertised and set prior to the establishment oF these codes, so it is between two processes. l{e stated the Shore- line Master Program was adopted by resolution and was effective the date the motion was made. O~PONENTS: Norman Walton, 2518 N. Wycoff, stated the shorelines management law holds precedent where the Bremerton plan conflicts. He stated there has beer~ buildfng out over the water in all instances on Mr. Oneen's proposals; stated Mr. Green made some gross errors in his original proposal and some of them have been corrected, but not all of them. CITY COUNCIL, MINUTES October 19, 1977 Page eight Mr. Walton listed the errors he found in Mr. Green's proposal: (1) No setback from the high water mark indicated on the east; (2) 92% of lot width is used; (S) Lot is subdivided into two lots; (4) Setback on north is actually a negative setback; and (5) Automobiles parking in the garage at Unit #1A will back into the turn at 25th & Snyder. He stated when this mamy mistakes are made, the plans should be turned back for revision. He stated further this is an ideal lot for one single house, but it is quite apparent Mr. Green is goiag for maxi- mum profit. James Linder, 2440 Snyder, asked if a decision will be made today. Mayor Jarstad stated the decision will not be made until next week, but the proposal is in violation of the Shorelines Management Program that was adopted by resolution last week. He stated the City Council probably will mot grant this because the testimony from the Planning Department indicates M~~. Green is in violation. A lengthy discussion followed in regard to the necessity of Mr. Linder being present next week and Mayor Jarstad encouraged him to be present so he will have the opportunity to give additional testimony. Mr. Linder requested an evening meeting and Mayor Jarstad stated in his personal opinion, he does not fee] an evening meeting is necessary because legally he does not think the Council can approve it because it is in conflict with the rules and regulations that have been adopted. Commissioner Stewart asked if this proposal can be sent back since it is in violation and tell him not to bring it back until he is in compliance and not have another hearing. Mayor Jarstad stated this hearing is before the City Council properly and City Council has not done anything wrong or improper. A Lengthy discussion Eollowed Ln regard to the necessity of h~ving hearings when a decision cannot be made unt~] a later date. Mr. McCluskey informed Commissioner Stewart that the hearing had to be held because it was a legally advertised hearing. Mr. Fretwe!l, 24S~ Snyder, asked if this hearing is a fezone hearing or not. Mayor Jarstad stated Mr. Green has proposed to build two duplexes on his land and duplexes are perfectly proper and legal in an R-i area. He then explained why the decision will be delayed until next week. Mr. Fretwell stated he has lived in this house since March 1942 and they have done everything possible to better their conditions. He stated that once an area i~ zoned residential, it should remain residential. Stated almost everybody who lives out there are retirees and they are the body of that community and he does not think they should be jeopardized by any more commercialization in that area. He asked for a raise of hamds Erom everyone who is opposed to this pro- posal. Motion by Mayor Jarstad and Commissioner Stewart to close this hearing and recess it until next Council Meeting when a decision will be rendered, carried unanimomsly. BID OPENING - Wheaten Way 5th Laning Motion by Mayor Jarstad and CommissioneP Schonemsn to open bids at this time, carried unanimously. Wheaten Way Fifth Lan~ng: Moss Construction, bid bond enclosed, $2S6,~66.S0. Select Contractors, bid bond enclosed, $~52,S48.80. Motion by Commissioners Schoneman and Stewart to award bid to Moss Construction as low bidder contingent upon approval Erom State Agencies and providing it meets all specifications, carried unanimously. TAPE #119 PACI~'IC DOMAINS, INC., REZONE HEARING (B) Mayor Jarstad stated he was very lnvo]ved with the Parks Dept. when a criteria was set up for open space in the City and this particular piece of property was designated, after proper hearings, as a site for the retention oF open space and Dossibly a neighborhood p]aygpound. -8- CITY COUNC1L MINUTES October 19, 1977 Page nine He stated he campaigned for this designation and he wanUs it on the record. He stated if Mr. McCluskey feels he shouldn't sit on this hearing he will step down. Mr. McCluskey asked him if he felt he was prejudiced and Mayor Jarstad stated no, he is not. Clerk stated the hearing had been posted, advertised and letters of notification had been mailed as required by law. He then read Planning Commission Resolution No. 429 recommending denial of nezone from to R-2 and cornespondence in opposition from Mr. & Mrs. Frank Lovejoy, Mabel J. Norire, Annette S. Creelman, Curt & Nadine Magg, and .J. M. & Carolyn McClunkan. Deputy Clerk stated 37 advisory ballots had been sent, 21 returned with 2 agreeing and 19 disagreeing. A petition with 325 signatures was entered opposing the fezone. Ken Attebery, Planning Director, spoke about the proposed rezone using a site plan. He stated the purpose of the nezone is to allow construction of a 30-unit apartment complex. Stated the site is heavily wooded except Cot a portion of the flat area which has been cleared and is used as a neighborhood play area; the surrounding iand use is residential-one. Comprehensive Plan indicates medium density. He then gave department reviews. He stated the site was previously proposed for open space and park. Mr. Attebery stated 15 units are proposed for each bui./ding with laundry and storage building between the two structures. Dwelling unit density of this proposal is 32.5 units per acre. PROPONENTS: Merb Dawson, affiliated with Spot Realty and representing Pacific Domains, stated that he has watched the City Council follow in the footsteps of many, many cities in the United States today and if they continue to put rental people who are just getting established in areas that they don't wish to live, the City will have problems in a few years. He stated these people who are renting would fit in well with the residents who own property there now; they are not undesirables; and there is no way they couldn't fit into the neighbor- hood. He stated people who rent are citizens who are entitled to a decent place to live where they want to live. Commissioner Schoneman commented that there are many apartment houses being constructed in the City, but they are being constructed in their proper location and there are other areas that are not conducive to apartment houses. Mayor Jarstad stated he is very pleased with the excellent apartments throughout the City. Bob Woodard, Vice-President of Pacific Domains, stated this proposal will increase the traffic somewhat, but not to the point that it will. cause any kind of problems with the children. It is already zoned so duplexes can be put in there and there could be approximately 14 units on that site. He stated another increase of 16 cars will not be that much. He stated that Bremerton needs additional housing because of the influx of people coming into the area. Commissioner Stewart stated in order to put that many duplexes in, it would have to be rep]atted and it would be impossible to put that many units in and still have roads. Mr. Woodard stated his architect told him ~t would hold 14 urnits, plus parking with proper entrances. OPPONENTS: Frank Jackson, 2415 N. Lafayette, stated he has been in the area for 28 years and a citizen of Bnemerton for over 50. Stated he is the vice-president for the Haddon Neighborhood Association. He stated a combined effort has been presented to the Planning Commission and it is on tape and file, along with the letters written by residents opposing this nezone. Stated they have had an organized effort and had spokesmen from all different facets and it is all on tape, or he can ~all these people to give their testimony again. Mayor Jarstad stated he thinks the Council has adequate background and Mr. Jackson can be spokesman for the group. -9- CITY COUNCIL MINUTES October ]9, 1977 Page ten Colin McKay, 2623 East Phinney Bay Dr., stated he built his home there in 1946 and he has been there ever since. Stated he was on vacation and when he returned he found notice of this action. He stated he would like to go on record as being opposed to the fezone. Motion by Mayor Jarstad and Commissioner Schoneman that City Council concur with Planning Commission recommendation and deny application for fezone from R-1 to R-2, based on the evidence and testimony entered into the record, carried unanimously. Mayor Jarstad thanked the neighborhood group for their work and effort in organizing their presentation. He also told the developers the Ci~v Coumcil js open for requests for rezones. Mr. Dawson commented this property is still up for sale and Mayor Jarstad stated he would like to get together with him and discuss this for possible use as a park area. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 01004 through Oj140 inclusive in the amount of $93,103.62, audited by John R. Ross, carried unanimously. SET HEARING DATES Deputy Clerk read memo from Planning Dept., dated Oct. 19, 1977, which requested that hearing dates be set for Goit Rezone and Green Rexone and Dubos R/W Vacation. Motion by Commissioners Stewart and Schoneman to set hearing date for Dubos R/W Vacation for Nov. 9, 1977, Goit Rezone on Nov. ~6, ]977 and Green Rezone on Nov. 23, ]977, carried unanimously. RESOLUTION NO. 1737 - Funding Assistance for Outdoor Recreation Project Deputy Clcrk read, "A RESOLUTION authorizing application for funding assistance for an outdoor' recreation project to the interagency Committee for Outdoor Recreation as provided by the Marine Recreation Land Act and the $40,000,000 Outdoor Recreation Bond issue of ]972". Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1737, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. Meeting adjourned at 11:53 A.M. John R. Ross, Deputy City Clerk Approved: Glenn K. Jarstad, Mayor -10-