HomeMy WebLinkAbout01/17/78 UN~'PRO IrL~iD MINUTES
CITY COMMISSIONERS' MEETING MINUTES ~j~ ,5 i ~i3
January 17, 1978 ~,~.O!~k~ [
TAPE #126 Th~ regular meeting o£ Lhc City Commissioners o£ the City of Brcm~rton, Washington,
(A) was held in the Council Chambers at CiLy Hall, 2~9 Fourhh Shreet, on Tuesday,
January ]?, 1978 at 9:00 A.M.~ with Commissioner Stewart presiding. Also present
were Co~n~ssioner Swanson, City Clerk Ma~dio, Asst. City Attorney McC]uskey~ and
representatives of th~ press and radio. J~or Jarstad was absent.
Meeting was opened with the Pledge of Allegiance and invocation was given by Iris
Bells my.
~INUTES OF JANUARY 10, 1978
Clerk read minutes o~ Jan. ]0, 1978. Commissioner Stewart ordered the minutes to
stand approved as read.
SEParATIONS
R. J. Waring, Public Works, City Engineer, 1/~1/78.
Pahrieia Abrams, Police Dept., Extra He]p, 12/~1/77.
Terrcncc Devery, Police Dept., Extra Hclp, 1/?/78.
Motion by Commissioners Stewart and Swanson to approve separations, carried.
NOTICES OF EMPLOYMENT
Char]cs Costel]o, Engineering, Extra Help, $5.50 per hr., tek,]nation 6 months.
Anthony J. Devery, Po]ice Dept., Extra Help, $5.50 per hr., 1/10/78.
Kathlecn Ann~ Rosebraugh, Parks g Recreation, Part-Time P]ayleadcr, $~.00 per hr.,
1/20/78.
Janet L. Kahler, Parks ~ Recreation, Part-Time Playleader, $~.00 per hr., 1/20/78.
Stephen August Erickson, Fire Dept., Fire Zone Technician, $5.01 per hr., 1/16/78,
CETA #4647.
Motion by Commissioners Stewart and Swanson to approve notices of employment, carried.
CHANGE% OF FAY STATUS
Wilfred Stone, Water Distribution, Serviceman 7A to ?B, $5.$0 per hr. to $5.48
per hr., 1/$1/78.
'Marilyn Delong, Police Dept., 4th Yr. Policewoman to Detective, $8.09 per hr. to
$8.61 per hr., 1/2~/78.
Ruth Head, Police Dept., ~th Yr. Policewoman to Detective, $8.25 per hr. to $8.?7
per hr., ~/2~/78.
Ronald Janisch, Police Dept., 1st Yr. to 2nd Yr. Patrolman, $6.94 per hr. to
$?.2~ per hr., 1/19/78.
Virgil English, Po]ice Dept., 1st to 2nd Yr. Patrolman, $6.94 per hr. to $7.2~
per hr., 1/10/78.
Martin Rinke, Parks g Recreation, Serviceman II 8A to 8B, $5.79 per hr., 1/24/78.
Kenneth Thornton, Parks g Recreation, Serviceman II 8A to 88, $5.?9 per hr.,
1/24/78.
Vernie Morrison~ Parks g Recreation, Night Attcndanl/Extra Labor, $4.45 per hr. to
$4.76 per hr., 1/9/78.
Mark Bergsma, Parks g Recreation, Extra Labor, $2.65 per' hr., i/9/78.
Gary Mussman~ Parks g Recreation, Extra Labor, $2.~5 per hr., l/9/78.
Motion by Commissioners Stewart and Swanson to approve changes of pay status,
carried.
EMPLOYEES' RETIREMENT FUND - FEBRU~IY 1978
Clerk presented employees' r~tirement for Feb. 1978 in the gross amount of
$~,09~.39, audited by John Ross.
Motion by Commissioners Stewart and Swanson to approve employees' retirement fund
for Feb. 1978, carried.
SUIT - Rasmussen v. BCT v. Searle v. City
Clerk reported the City Attorney had been served with this suit and a Notice of
Appearance has been entered, she stahed a copy o~ the suit has been sent to
Fulmer and Co.
CITY CO~MISSIONERS' MLETING
January 17, 1978
Page two
REPORT 0F EXA~IlNATION - City of Brcmerton g Water/Sewer UtiJity
Clerk reported the Report of Examination for thc City of lircmerton and the Water/
Sewer Utility have been received and copies will be made available for anyone
interested.
R/W DEED - Quit Claim I)ced from Loftus g Bo£fman
Clerk presented Quit claim l)ecd from Loftus and Hoffman for a portion of Nome
Drive which has been used i'or a street but never deeded.
Motion by Commisssioncrs Swanson and Stewart to accept deed, refer to City
Attorney's office for appruval as to form and to City Clerk for recording~ carried.
OLD CO~5%lUNITY TIIEATRE }IUILDING DEMOLITION
Clerk read memo from Street Superintendent, dated Jan. 16, 1978, which estilaated
the cost for demolition el' the Old Co~nunity Theatre Building to be $1,687.00 for
demolition and $200.00 for disposal at dump si'te. Discussion was held as to the
cost and it was thc censcnsus of the commissioners that it would bc less expensive
to have it done by a private company rather than City forces.
Motion by Commissioners Stewart and Swanson to negotiate a contract for the demoli-
tion of the Old Cool,unity Theatre Building, carried.
SURPLUS CONCRETE SAW - Street Dept.
Clerk read memo from Street Superintendent, dated Jan. 12, 1978, which requested
that 1952 Concrete Saw be declared surplus and bc used as a trade-in for put'chase
of another' Concrete Saw.
Motion by Commissioners Stewart and Swanson to declare 1952 Concrete Saw - Clipper -
S N-7~--~5 - Model C-130 surplus and use as a trade-in for the purchase of another
Concrete Saw~ carried.
CALL FOR BIDS - Trucks, Strcct Dept.
Clerk read memo from Street Superintendent, dated Jan. 4~ 1978, requesting a call
for bids for two each one-ton trucks and one each ~-ton pickup tnuck.
Motion by. Con~issioncrs Swanson and Stewart to call for bids for trucks for
.Street Dept., carried.
SURPLUS VEHICLES - Street Dept.
Clerk read memo from Street Superintendent, dated Jan. 9, 1978, listing three
vehicles to bt: traded in: 1967 Chevrolet Pickup, 1964 Dodge Pickup and 1958
International Dump.
Motion by Commissioners Swanson add Stewart to declare trucks surplus and use
as trade-ins, carried.
WAIVER FOR BID CALl. PER STATE CONTRACT NO. 114-??
Clerk presented waiver for bid call per State Contract 114-77 for a portable two-
way radio and accessories at a total cost of $2,331.97.
Motion by Commissioners Swanson and Stewart to waive bid call per State Contract
114-77 for portable two-way radio and accessories, carried.
WATER MAIN INSTALLATION AUTHORIZATION
Clerk read memo from Water Superintendent, dated Jan. 12, 1978, requesting
authorization to install ?40 ft. of 4" ductile iron pipe and appurtenances,
starting at W]nfield and East Highlands, running south on Winfield to East ~gth
and east to Perry Ave. Thc memo stated this work would be done by Water Dept.
personnel at an estimated cost of $5,094.52.
Motion by Commissioners Stewart and Swanson to approve Work Force Account and
authorize City Clerk to advertise, carried.
FLASHING BEAM LIGHT - C~nbrian and Navy Yard Bi~hway
Clerk read memo from Asst. City ~nginecn, dated Jan. 11, 1978, which stated
the Engineering Dept. wish to have the existing overhead flashing arrow at
Cambrian and Navy Yard Highway removed from its present location to provide
clarity of movement and reduce any conflict of decision to the motoring public.
Motion by Commissioners Stewart and Swanson to approve removing existing owen-
head flashing light at Cambrian and Navy Yara Hi~nway, carried.
-2-
CITY COMMiSSlONEHS' MEETING
Jalmar~ 17, 1978
Page three
HOg. WAY SI(iN IN I{/W
Clerk read memo from Asst. City Engineer, dated ,Jan. 11, 1978, which stated
the Seventh Bay Adventist Church has r~meJved approval by the State DOT to place
signs at Navy Yard Dighwas;^and i4itsap ~ay vxcxnzty ct Shorewo.od inn subject to
approval by the City. The memo stated further that Sgt. Gingrey of Traffic
Division reeommet~ds denial of application because if perm~ss:[on is granted to
this church, the City will have to grant all service organizations permission
to place signs near streets. The Engineering Dept. has no objection for sign
placement at these two places but objectively concurs in the recommendation of
Sgt. Gingrey.
Motion by Commissioners Swanson and Stewart to deny application for placement
o£ signs by Seventh Day Adventist Church, carried.
PINE ROAD INTERCEPTOR SEWER
Clerk reported a memo had been received from Asst. City Attorney MeCluskey,
dated Jan. il, 1978~ which stated he examined the rezone ordinance concerning
the apartments at Sheridan and Lebo and he finds no restriction placed Jn the
ordlnm~ce concerning the 112 unit apartment buildings from being connected to
the sewer' system of the City. Mr. McCluskey explained the only reason the City
can refuse sewer service to this property would be that a health hazard exists
or that by connecting these units the health hazard would be created; that the
statements made in the Shorelines Hearings Board do not constitute a perjury nor
would it be an illegal act to allow these units to be connected to the City sewer.
SEWERS AND SENAGE
Clerk read lctter from Sheridan Neighborhood Association, dated .;an. 6, 1978,
which stated that during the Sheridan Neighborhood Associat[cn meeting Dec. 14,
1977, the sewage situation was disussed and a great deal of' attention was focused
on the sewer backup at the apartments on Lebo and Oak on Dec. 10, 1977. It
stated a geyser of raw sewage was spouting from a ma~ole on Oak St. which was
located several hundred feet up the hill from the apartments. The memo stated
further the Association passed the following motion: "That Sheridan Neighborhood
.go on record as requesting no more building permits be issued for duplexes and
multiple family dwellings in the city part of the Sheridan Neighborhood until
the sewer problems bare been resolved". A lengthy discussion followed about
the sewage backup in the Sheridan Neighborhood and Commissioner Swanson stated
there are two basic problems: (1) There is no Pine Road Interceptor and the
pump station can't handle all the pumping, and (2) The sewer line down Oak is
attempting to h?ndle a large area and it just cannot handle thc sewage. He
stated a 10" line is needed to help alleviate the problem. Commissioner Stewart
stated he has no objection to helping pay f~r a 10" line. Commissioner Swanson
commented that this problem should be alleviated in about 60 days.
PUBLIC TRD~NSPORTATION SERVICE FOR KITSAP COUNTY
Clerk presented letter from Kitsap County Transportation Authority, dated Jan.
6, 1978, which stated a public workshop on transportation planning will be
held Jan. 16 - 19, 1978. She stated Commissioner Swanson had informed her
the letter had been circulated in the Public Works Dept. Commissioner Stewart
stated he would be attending the workshop tonight.
HUMANE SOCIETY AGREEMENT g SPECIAL ENEORCEMENT AGREEMENT
Clerk presented [tmnane Society Agreement and Special Enforcement Agreement for
1978, which include an escape clause that was in the agreements last year.
Motion by Commissioners Stewart and Swanson to accept Humane Society Agreement
and Special Enforcement Agreement and authorize Mayor and City Clerk to sign for
the City, carried.
PPaRKING TICKETS FOR GAkh\GE
Commissioner Stewart reported that unauthorized cars are parked il~ parking stalls
reserved for City officials and employees in the underground garage and there are
no alternatives than to tow these cars away that are illegally parked. He stated
he would like to assign two people to work for him, as well as two people from
Diaunond, to give tickets to these illegally parked cars. He stated other cities
are doing this and it seems to work for them. He stated he would like to use City
tickets rather than Diamond ticke~s. Mr. McCluskey stated if someone contests
-3-
CITY COMMISSiONERS' MEETINGS
January 17, 1978
Page Four
getting a ticket, the employee who issued it would have to appear in court to
testif]y and they should have a special commission.
Motion by CotmmSssioncrs Stcwart and Swanson to give special commission to two
employees, probably Richard Goodpasture and Ray Otis, and two employees from
Diamond, so they can give out parking tickets for anauthorized cars which arc
parked in the underground garage, City parking garage and Craven Center, carried.
THIRTY-MINUTE PARKING METERS
Clerk read letter from Mrs. ,}can Mounts, dated Jan. 5, 1978, which complained of
30-minute parking meters in thc City and stated she felt all meters should be
one to three hour meters. Commissioner Stewart stated the 30-minute meters are
For people who want to do business quickly, not for shoppers and he asked that
her letter be referred to Police Dept.
DISPOSITION OF COMPUTER EQUIPMENT
Clerk read memo from City Treasurer, dated Jan. 16, 1978, which requested that
City Council authorize the sale of nine disk cartridges to Alaskan Financial
Services at $45.00 each.
Motion by Commissioners Stewart and Swanson to approve sale of nine disk
cartridges to Alaskan Financial Services at $45.00 each, carried.
INVOICE VOUCHER - REFERENDUM 29 FUNDS
Clerk presented Invoice Voucher for ReF. 29, Project 305-9?77 Funds, in the
total amount of $32,897.58. She stated the balance of grant is $185,942.56.
Motion by Commissioners Stewart and Swanson to approve application For Ref. 29
Fun--~in the amount of $32,897.58, carried.
ORDINANCE NO. 3404 - John Doyle
Clerk read, second reading, "AN ORDINANCE amending the use and area maps according
to Ordinance No. 1792 (John Doyle)".
Motion by Commissioners Stewart and Swanson to pass or.dinance No. 3404, by title
only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes;
-Commissioner Swanson, Yes.
ORDINANCE NO. 3405 - Tyra Green
Clerk read, second reading, "AN ORDINANCE amending the use and area maps
according to Ordinance No. 1792 (Tyra Green)".
Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3405, by
title only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart,
Yes; Commissioner Swanson, Yes.
ORDINANCE NO. 3406 - Clarence Maxwell
Clerk read, second reading, "AN ORDINANCE amending the use and area maps
according to Ordinance No. 1792 (Clarence Max~ell)".
Motion by Commissioners Stewart and Swanson to pass Ordinance No. 3406, by title
only, carried as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes;
Commissioner Swanson, Yes.
ORDINANCE, FIRST RE~)ING - Compensation of Elected 0fficials (Amending 3350)
Clerk read, first reading, "AN ORDINANCE amending Section 1 of Ordinance No.
3350 by changing the effective date of said ordinance from January 14, 1978 to
the day of the official swearing in of the elected officials of the CitY of
Bremerton".
Motion by Commissioners Swanson and Stewar~ to approve ordinance on first reading,
by~tle only, carried as follows: Mayor Jarstad, Absen~; Commissioner Skewar~,
Yes; Commissioner Swansen, Yes.
RESOLUTION NO. 1746 - Amending Shoreline Management Master Program
Clerk read, "RESOLUTION mnending the 'City of Bremerton Shoreline Management
Master Program' to establish the time ~d under what circumstances a Substantial
Development Permit holder vests rights in the policy and regulations of Bremerton
Shoreline ~anagement Master Program".
CITY C0~DIISSIONERS' ,MEETING
Jmnuary 17, 1978
Page five
Motion by Commissioners Stewart and Swanson to pass Resolution No. 1746, carried
as follows: Mayor Jarstad, Absent; Commissioner Stewart, Yes; Commissioner
Swanson, Yes.
RESOLUTION NO. 1747 - Abandoning Unexpended Funds in 1977
Clerk read, "A RiJSOLIITION abandoning Funds unexpended in 1977 except those listed
in this resolution".
Motion by Commissioners Stewart and Swanson to pass Resolution No. 1747, carried
as follows: May,~r Jarstad, Absent; Commissioner Stewart, Yes; Commissioner
Swanson, Yes.
BILLS
Motion by Commissioners Stewart and Swanson to give blanket approval to vouchers
2292, 2293 and 2295 thru 2301 inclusive in the amount of $152,889.23 and to
vouchers 02304 thru 02385 inclusive in the amount of $50~622.85, audited by John
Ross, carried.
Meeting recessed From 9:55 A.M. until 10:00 A.M.
AGREEMENT - CITY/COUNTY ATOMIC ABSORPTION UNIT PARTICIPATION
Clerk presented Interlocal Agreement beLween City and County for Atomic Absorption
Unit Participation. She reported that Commissioner Swanson and Dr. Proctor have
reviewed the agreement and Asst. City Attorney approved it as ~o form.
Motion by Commissioners Stewart and Swanson to approve Agreement for Atomic
~Osorptlon Unit Participation and authorize Mayor and City Clerk to sign For
the City, carried.
PUBLIC RECOGNITION
Elgie Hoffman, 2501W. Marine Dr., spoke of the bus tax and people who have
unoccupied apartments or houses. He wondered if there could be some kind of
adjustment so that people whose homes are empty do not have to pay that tax.
Commissioner Stewart statcd it was voted on by the people and the tax can be
increased to $I.OO. He stated he is con'ferring with DOT and may be able to
-reduce some of the expenses of the bus system and, if so, will not have to
increase the tax. He suggested that tile Commissioner of Public Works send
somebody out to determine whether units that are being charged are occupied.
He stated if there is water available to the unit and it has not been shut
off, they are being charged. Mr'. Moffman stated he wants to pay bis fair
share and he does not know if there is some way to eliminate the burden of
this tax under circumstances like this where there arc unoccupied mnits.
Commissioner C~anson took Mr. Hoffman's address and telephone number to check
into this matter further.
COMMISSIONERS' REPORTS
Commissioner Swanson:
1. Reported the Water Dept. will make a cut-over on the main at Kitsap Lake/
Kitsap ~ay tomorrow morning between 9:00 and 11:00 A.~. and about 120 homes in
this vicinity will be out'of water tomorrow morning between 9:00 and 1!;00.
2. Gave recognition to one of the Engineering Aides, William Duffy, who
received his Bachelor of Science and Forest Management Degree from the
University of Washington on Dec. 15, 1977. Mr. Dully has been working days
and going to school nights and Commissioner Swanson stated he thought Mr.
Dully deserved some recognition for his effort.
Commissioner Stewart:
1. Stated the Dept. of Labor has come out with two Constmter Price Indexes.
He sta~ed the old Index will be used through June and then there will be two
new Indexes, one a broad index and one that isn't so broad and does not include
the office workers. Stated he has a copy. Spoke of the leases in the City that
are affected by the Consmner Price index and he wondered ~tich index to use.
He stated his feeling was that the City should ask for the broader one and write
a letter to all the people the City has leases with and let them know this is
coming up and let them know what is being done. lie recommended using the broad
index and Mr. McCluskcy stated Commissioner Stewart is in a better position ~o
-5-
CITY CO,~PMISSIONE[{S' MEETING
January 17, 1978
Page six
make that decision than thc City Attorney's office and the leases can just be
amended when a decision is made as to which Index will be used. He suggested
making a review to see how many leases will be affected and then sending out
letters. Commissioner Stcwart suggested that City Clerk review these leases
and send a letter of explanation to these people telling them what the problem
is. He gavc her a copy of thc Announcement to Users of the Consumer Price Index.
2. Reported there is a transportation meeting tonight at 7:30.
3. Stated he is reviewzng the bus operation to determine if there is arwthlng
that can bc done to increase productivity of the bnses and run the buses where
the people are. Stated two senior citizens who are riding the buses now are
polling everyone who gets on. He stated Bremerton is the only bus system ir
the State that makes change and State Dept. of Transportation has suggested not
making change because it slows up the bus driver and it is much safer as far
as robberies go. He stated Brcmerton is the en]y one in the token business,
but he feels that ]sa convenience, lie stated he will have more recoam~endations
in another two weeks on the transit system.
Meeting recessed from 10:20 A.M. until 10:30 A.M.
HEARINGS - Swiningston Rezone and Col~in Rezone
Motion by Commissioners Stewart and Swanson to hold hearings in order listed
above, carried.
rAPE #126 SWININGSTON REZONE HEARING
(A) 692 Clerk stated she had advertised, posted and notified residents as required by
law. she then read Planning Conunission Minutes of Dec. 20, 1977 and Planning
Commission Resolution No. 442 recommending approval of rezone from R-1 to B-3.
Clerk read letter from Gary Blackwood and LeRoy Sr~der, dated Jan. 12, 1978,
which stated they are in favor of rezone. She stated 15 advisory ballots had
been sent with 7 returned, 6 agreeing and 1 disagreeing.
Ken Attebery, Planning Director, spoke about the application using a colored
-sketch. lie stated the existing zoning is R-l, which was established in 1976.
The property was originally zoned commercial in the County and it was annexed
as a business zone in 1967. tie stated in 1976 it was found that the annexation
ordinance was inoperative as it related to the establishment of a business zone
and therefore an R-i classification was established. Surrounding land use and
zoning is R-1 except to the west which is B-3. This is a drug store and grocery
store complex. The comprehensive plan shows this as a neighborhood shopping
center and department reviews gave no objecfions.
Commissioner Stewart stated he understands that when property is annexed into
the City and it is in the comprehensive plan to be commercial, it can come in
as commercial. Mr. A'ttebery stated it can and in the case of the Kitsap Lake
property, the annexation ordinance may be able to be amended to include as
business zoning that which is shown on the 1966 Comprehensive Plan. Commissioner
Stewart stated there is not much opposition on this rezone from the adjacent
property owners and the neighborhood association has no objection and he wondered
why this has to be heard again since it is shown on the 1966 Comprehensive Plan
to be commercial. Mr. Attebery stated there is quite a bit of concern about
the zoning from the Kitsap Lake Neighborhood. There was a lengthy discussion
between Mr. Attebery and Con~issioner Stewart about the two groups from the
Kitsap Lake area and it was determined that one group approved this rezone and
one is not in favor of it. Kitsap Lake Environmental Association and Kitsap
Lake Neighborhood Group are the two groups that were discussed.
PROPONENTS:
Leonard Costel]o, 3330 Kitsap Way, stated he was here on behalf of Mr. SwinJngston,
the applicant for the rezone. He stated Mr. Swiningston has owned Lake Auto Parts
since 1965 and he plans to keep this business the way it is, He stated there may
be some dispute whether it should be B-I, B-2 or B-3, but in his opinion it should
be B-3. There is a small maqhine shop in the building and he does not feel B-2
would be appropriate for a machine shop. Requested that City Council recognize
that this property is B-3 and has been for a long time and he would like to have
it Jn writing that it is B-3. He reviewed the zoning of the property and requested
approval of the request for rezone from R-1 to B-3.
-6-
CITY COMMISSIONERS' MEETING
January 17, 1978
Page seven
Allen Clark, 6713 Kitsap Way, stated he and his mother own the property directly
across the street From that proposed for rezone and they assumed it was stili
commercial property, tie stated they have been there since 1936 and until the
recent rezones wcre advertised, they didn't realize there was any problem. He
stated they have no desire to have thcir lakcFront zoned business, but they
would like to retain their business property as it was originally.
OPPONENTS:
Arme Maloof, 278 Kitsap Lake Road NW, stated there is no objection to business
or commercial on any of the properties; that they are talking about a degree of
restrictive zoning. She stated the Kitsap Lake Neighborhood Group has not held
a meeting to discuss this rezone with anyone in the area, so Far as the Kitsap
Lake Neighborhood Group is concerned. She stated there has not been an active
Group in the last year and she stated she docs not ~now how that recommendation
came about that they would agree to this rezone. She stated she would like an
answer and Mr. Attebcry explained the Planning Dept. sent out a request For
comment to the Kitsap Lake Neighborhood Association and a one-sentence con~ent
was returned. AFter considerable discussion, it was determined the comment
was signed by Walt Emery and is on file in the Planning Dept. It was the
oonsensus that Mr. Emery signed this comment as an individual and not as the
president of the Kitsap Lake Neighborhood Group.
Mrs. Maloof again stated there is no opposition to business zoning for a~y of
the property along there; what there is opposition to is the degree of zoning.
She gave the background of the zoning classifications. She stated it was agreed
that a study would be made to determine what zoning is the most appropriate For'
this entire Kitsap Lake business community; that there have been some mectings
to attempt to work out something that would agree with the business people and
the residents. She stated some of the businesses along there can be adversely
affected by what is pc~a~ittcd to go in there, not to mention thc residences.
She stated the only thing they are asking is that these rezones be deferred until
-such a time as the area can be looked at and an appropriate zoning can be agreed
upon for the entire area.
Commissioner Stewart asked Mrs. Maloof which business in the B-3 category she
would not want in that area and she stated there are a number of them. Mrs.
Maloof stated they have no objection to Mr. Swiningston's business, but she is
opposed to a sauna parlor or a dance hall. A lengthy discussion Followed about
~hat is allowed in the different business zones and Co~aissioner S~c~ari atated
he did not want to cause a problem in the neighborhood and he just wants ~o
'know what the residents' desires are pertaining to the type of business that
could go in versus what is in there now. Mrs. Maloof stated that if the property
goes B-3, there is no possibility of ever t.rying to upgrade the area; that it
will be downhill from there on. She spoke of setting a precedent if this is
approved as B-3. Commissioner Stewart stated that either the Comprehensive
Plan will be followed or each one will be looked at on an individual basis and
Mrs. Maloof stated if that is the case, that the assurance there will be a
study made doesn't mean a thing. She asked what is the use of making a study
after rezones have been approved and Commissioner Stewart stated the City is in
the process of doing just that now. He stated Mr. Swiningston has an existing
business that nobody has an objection to and it isn't fair to hold him up forever.
He stated a decision should not be made today until the M%vor has a chance to
review the testimony. He spoke of the fact that their property was brought in
with the same zoning they had and thcn in 1976 they are notif'ied their property
is going back to R-1. He stated these people do deserve a decision in the near
future and one that will stick and these people can depend on.
ttearing was recessed to open bids.
BID OPENINGS - Traffic Counters, Spectrum Analyzer and Submersible Pump, etc.
Motion by Commissioners stewart and Swanson to open bids at this time, carried.
-7-
CITY CO~%IlSSIONERS' MEETING
January 17, 1978
Page ei ght
Traffic Counters:
Traffic Safety Supply Co~, no bid.
Safety ~ Supply Co., no bid.
Leupold ~ Stevens, Inc., $50.00 certified check enclosed, $6,360.00
Streeter Amet, $50.00 certified check enclosed, $6,236.21.
Motion by CommissLoners Stewart and Swanson to refer bids to committee fcr
eva~tion and award next week, carried.
Spectrum Analyzer.:
Tektronix, Inc., $50.00 certified check enclosed, $9,566.58.
Clerk stated this was the only bid received.
Motion by Commissioners Stewart and Swanson to refer bid to committee for
evaluation arid award next week, carried.
Submersible Pump, pipe, electric wire, etc.:
Richardson Well Drilling Co., Inc., $50.00 money order enclosed, $10,632.63.
H. D. Fowler Co., Inc., bid bond enclosed, $11,026.95.
Stang Hydronics, Inc., $50.00 company check enclosed, $10,485.35.
Motion by Commissioners Stewart and Swanson to refer bids to committee for
evaluation and award next week, carried.
SWININGSTON REZONE HEARING (Continued)
Pat Keller, 7049 Kitsap Way, stated he is a regular customer at the gas station
and he does not ob,leer to it at ail. He stated he does not object to the rezone,
but he does think B-3 is a little bit excessive; that i.f B-3 is necessary to
keep the business there, then he does not object to B-3. Itc stated he does
object to the precedent it would set. He stated further he has to take time
off from work to come down and state his opinion and there is a lot of time
and work put into the Kitsap Lake Neighborhood Comprehensive Plan, and he does
object to having to come back all the time to state his opinion. He stated the
whole area should be plarmed and go from there.
Commissioner Stewart asked him what kind of business he is opposed to in thc
B-$ category in that area and Mr. Keller replied that he is not opposed to any
'business that is there now.
Jim Strait, 6530 Harlow Dr., read a letter dated Jan. 16, 1978 which stated he
is not as concerned with the rezone as to the effect it could have on the rest
of the area; that he is concerned with the high business classification and lack
of restrictions and controls over it. The letter spoke of the inadequate storm
drainage Facilities, noise Factor, screening and traffic. }{is letter is on file
in the Planning Dept. He stated everyone _ s arguing about the different classifi-
cations in the business zoning, not the individual businesses.
Motion by Commissioners Stewart and Swanson to postpone decision until next week
when the Mayor will be present. Under discussion: ~r. Attebery stated a study
can be made on this issue if that is what it takes to finally resolve this. He
stated the Planning Commission approved this rezone but they indicated serious
consideration should be given to doing a zoning study of general Kitsap Way
corridor from the freeway out to the junction. Commissioner Stewart suggested
using water bills to poll the people in that area. He stated that someday this
has to be resolved and a decision has to be made that will stick ~d people can
depend on it. Mr. Attebery stated there is a neighborhood-wide meeting in the
Kitsap Lake area and he stated he is sure this will come up at that meeting. He
suggested discussing this at next week's Commissioners' Meeting. Commissioner
Stewart asked if he wanted more testimony taken and Mr. Attebery stated a discus-
sion on the idea of corridor zoning study is what he had in mind, rather than the
individual rezones. Question was called and mction carried.
TAPE #126 COLVIN REZONE HEARING
(A) 1655 Commissioner Stewart stated he is a member of the Peoples Federal Credit Union
and he asked about appearance of fairness if he sat on this Hearing Board. Mr.
McCluskey stated that it is his decision whether he can make a fair and impartial
decision; that if the rezone is approved and is later contested, the rezone could
be overturned in court. Commissioner Stewart stated he does not think he can
benefit Financially by this rezone; that hc will not make a decision based on
the amount he has deposited in the credit union. Mr. McCluskey stated it is
-8-
CITY C05~!ISSIONERS' MEETING
January 17, 1978
Page nine
the Peoples Eederal Credit Union's decision whether Commiss:ioner Stewart partici-
pates or not. He emphasized the point that a lawsuit may be filed if he does
participate and the rezone might be overturned at a later date. He recommended
that Commissioner Stewart make a decision whether to sit or not and Mr. Colvin
make a decision as to whether he will allow Commissioner Stewart to sit. Commis-
sioner Stewart staked his decision is to remain and Mr. Co]vin stated his decision
is to allow Commissioner Stewart to remain.
Clerk stated the hearin~ had been advertised, property posted and letters of
notification sent to residents as required by law. She read Planning Commission
Minutes of Dec. 20, 1977 and Planning Commission Resolution No. 443 reco~nending
approval of rezone from R-1 to B-2. She then read letter from Bernie F. Fisher,
dated J~. 10, 1978, which favored the rezone. Clerk stated 43 advisory ballots
were sent, 14 returned with 12 agreeing and 2 disagreeing.
Ken Attebery, Planning Director, spoke about the proposed rezone using a site
plan and colored sketch. He stated it is located at the NW corner of Coontz and
Callow and there is an existing residential-type structure on the site which has
been used as the credit union for a number of months. He stated the existing
land use is residential as is the majority of the land use in this general area.
He spoke of the heavy traffic along Callow Ave. and stated that land use decisions
along Callow Ave. should be considered in their effect on the traffic-carrying
capacity. He stated he did not feel that this type of use with access off the
alley will generate a great amount of traffic.
PROPONENTS:
Alvin Colvin, 341 Hill Court, stated they like their neighbors and the neighbors
apparently like them. He stated the credit union members use Wycoff /nsteaa of
Callow to avoid the heavy traffic on Callow. He stated they operate in a quiet
manner and would like to remain in this location as long as possible. He stated
there are no signs and none will be installed. Commissioner Stewart asked if he
was satisfied with the restrictions put on by the Planning Commission and Mr.
Colvin stated they can live with them.
Harold Messer, 143 So. Callow, stated he can vouch that everything is done in a
businesslike manner and conducted quietly. He stated he has been security officer
for many years aad he has never seen anything rowdy taking place there, lie stated
this is a quiet type of business and the only reason they arc seeking a rezone is
so they can increase the number of hours they can be open, which is also limited.
He stated mos~ of the women working there are volunteers; that there is only one
girl who is a paid member of the staff, He gave the hours the credit unJ~n is
open at the present time and commented that most of the business is condu,ted
through payroll deduction so there is not much traffic.
No one spoke in opposition to the rezone.
~otion by C6mmissioners Stewart and Swanson to approve application for rezone
from R-1 to B-g, and include conditions set by Planning Commission, carried.
Meeting adjourned at 11:55 A.M.
Kathleen L, Mandio, City Clerk
Approved:
Glenn K. Jarstad, Mayor
-9-