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HomeMy WebLinkAbout04/18/73 CITY COUNCIL MEETING MINUTES APRIL 18, 1973 The regula~ meeting of the City Council of the City of BremerTons Washington, was held in the Council Chambers of the City Hall at 9:00 a.m., PST~ Wednesday~ April 18, 1979. Attending were: Mayor Jap- stad~ presiding; Con~nissioner Clark~ Cormnissioner Schon~, City Clerk Yeadons City Attorney Walgper and r~ppesentatives of the press and l~adlo. Meeting opened with the Pledge of Allegiance and Invocation by G. C. Yeadons Sr. MINIrFES OF APRIL i1s 1973 The Minutes of April 11~ 1973~ were ~ead and approved as amended. NOTICES OF 5MPLOYMENT Ca~l Galbraith, Wastewater T~eatment, Extra Labor~ $3.17 h~., April 16~ 1973. Ray Miller~ Extra Labors Street Depa~,b,~nt~ $2.50 h~., April 18s 1973. Motion bv Mayor Japstad and Co,~Lissioner Schoneman to approve the employments. Commissioner Schone- man-~scussed the employments briefly and spoke of examinations to be held for positions in the Public Works Pepa~.b;~nts. Discussion was also held concerning employees in certain depa~,b;~nts siding outside of the City limits. The Mayor pointed out that in jobs where one may be called upon for an emergency, the employee should be residing in the City of BpemePton. Con~lissioner Schoneman stated that Mr. Galbraith is ~esiding in Por~ O~chard only temporarily; that at the time he is made per~anent through examination he plans to move to Br~mer~on. Motion carried unanimously. gflPLDYEES' RETIR~4ENT FUND LIST (APRIL) Clerk p~esented Employees' Retirement Fund list for the month of April in the g~oss amount of $2~698.15, which was audited by Harold Fitzwater. Motion by Con~issioner Cla~k and Commissioner Schoneman to approve the Employees' Retirement Fund ~{~--~or pavment ~ carried unanimously. PAYROLL VOUCtg2R - (MARCH 25 - APRIL 7~ 1973) Clerk presented Payroll Voucher for the payroll period beginning Ma~ch 25~ 1973, and ending April 7 1973, in the total amount of $115,569.~9, which was audited by Harold Fitzwater and approved by Com- missioner Cla~k. Motion by Con~nissioner Cla~k and Commissioner Schoneman to approve the payroll voucher for payment~ c~d unanimously. LICI~SE APPLICATION - MUSIC MACHINE (LANDMARK RESTAURANT--FORMERLY MELODY LANE) Clerk presented License Application for a music machine at the Landmark Restaurant and Cocktail Lounge which had been approved by the Chief Of Police. Motion by Con~issioner Schoneman and Commissioner Clark to approve the license application~ carried unanimously. APPhICATION FOR TAXICAB DRIVER LICENSE (JACK STOCKWELL) Clerk presented Application for Taxicab Driver License from Jack E. Stockwell which had been approved by Captain Pbsely for the Chief of Police. Motion by Mayor Jarstad and Commissioner Clark to approve the application, carried unanimously. CLAIH FOR D~I~AGES - KA17[R~ AN~ KATKOWSKI Clerk [}resented Claim for Dam~es from Kathr~ A~n Katkowski in the total amount of $300.00. Clerk stated that he had checked the Police [eprt on this ~atter and had ~otified the insurance company and Coulee Construction (Contractors on project involving this claim} and forwarded all necessary in[o~ation to them. BID AWARD - TRACTOR/MOWER - PARKS & RECREATION Clerk read memo dated April 16~ 1973, fr~m Andrew Pendergast~ Park Supt., to City Clerk Peco~mendin~ hid on tpector/~lower be awarded to P~yallup Tractorss Inc. ~ in the ~ount of $1s2~7.5~s lo~ bidder. Motion bv Mavor Jarstad and Commissioner Clark to accept the meco~m~endatlon of the Park Superintend- ent and award bid to Puyallup Tractors, Inc., carried unanimously. BID AWARD - THREE WHEEL VERSICLE (POLICE DEPARTMENT) Clerk read memo dated April 13s 197~, from Chief Schlie to City Council reco~nending bid be awarded to Sunset Northwest Company, only bidders as the bid was well within requested aFount in the budget. Motion by Mayor Jarstad and Con~nissioner Clark to award bid to Sunset Northwest Company, only bidder,i carried unanimously. SURPDgS PUMPER - FIRE DEPARTMENT Clerk read memo dated April 17, 1973, from Chief ~bltine to City Clerk requesting 193~ whi{e pumper in the Fire Depa~,b~nt be declared s~mplus. [Motion by Mayor Ja!~stad and Co~issioner Clark to declare the p~per s~pl~s to be disposed of in the best interest of the City. Commissioner Schonem~n asked that consideration be given to sellin~ ! tills pumper to the Water Distribution Department; that it would cut considerable time in clea~in~ ' the reservolrs; also, asked if the p~per had been appraised. Mayor Jar~tad stated that the pumper i has not been appraised. Motion carried unanimously. PROCLAMATIONS - "SPRING CLEAn-UP WEEK" & "NATIONAL TRANSPORTATION ~EEK" Clerk read Proclamation of the Mayor proelaimlng the week of April 23 to April 29s 1973s as "$prin~ Clean-Up, Paint-Up, Fix-Up Week." Clerk read P~oct~mation of the Mavor p~laiming the week of May 1~ - 19, 1973~ inclusive, as "Nat- ional Transportation Week." CITY COUNCIL MELTING MINUTES - APRIL 18~ 1973, continued HOLLIS STRk~r STORM SEWER EASEMENTS Clerk read memo dated April 17, 1973, from City Engineer to City. Council recommending easements fro~ royal Robe~tson Estate and Mr. A. H. Parker be accepted as they are required for the construction of the storm sewer between Wheaton Way and the Clares Marsh sewer; also, stated that easement from the Prairie Market should be received shortly. Motion by Co~ssioner Schone~m~n and Con~nlssioner Cla~k to accept the two easements submitted and refer them to the City Attorney for checking as to form and to the City Clerk for recording properl] carried unanimously. ?L~flTION - SANITARY SEWER LID - NORTH LAFAYL'r£'E (FATLANDS FIRST ADDITION) Clerk read memo dated April 17, 1973, fDom City Engineer to City Council giving tabulation of pet- ition as follows: Total area~ 18,960 sq. ft.; Valid Signatures 18,960 sq. ft.; Total Front Footage 151.68 ft.; Valid Signatures 151.68 ft. or 100 percent. First Signature Lavriston A. Showalter, Jr.; 5 signatures. Motion hy Commissioner Schoneman and Commissioner Clamk to accept the petition and necessary docu- ments be prepared for a hearing to be held to meet all necessary requirements to establish the L. I.D., cal~ried unanimously. TREe,tON AVENUE (CHANGE ORDER N0.2) E. 16TH TO STONEWAY - UAB PROJECT Clerk read me, no dated April 17, 1973, from City Engineer to City Council submitting C]]ange Order No. 2 to North Kitsap Gravel $ Asphalt Co. for Class G. Asphalt for surfacing between E. 22nd St. and Stoneway; that Item #9 (Asphalt Treated Base) is about 36% under the estimated quantity repres-~ enting a saving of almost $6,700 and Item #10 (Class B Asphalt) is about $3,600 below the estimate for a total under run of $10,300 in asphalt items. Clerk then presented Change Order #2 for 350 tons Class G. Asphalt for a total increase of $4,725.00. MOTION by Comm/ssioner Schoneman and Co~missioner Clark to accept the recommendation of City Engine~ and authorize Change Order #2. Commissioner Schoneman stated that this money is within appropriatec funding and will have excess to be returned to the State. Mayor Jarstad asked if the contractor was liable for this expenditure due to laying the asphalt during poor weather conditions, and Mr. Schoneman stated no. Carried unanimously. CALL FOR BIDS - FENCING AT E. G. HUMBLE RESERVOIR Clerk read memo dated April 17, 1973, from E. G. Humble to Co~missioner Schoneman requesting auth- orization to call for bids to furnish materials and labor to install a chain link fence around the E. G. Humble Reservoir. Motion by C~pmmissioner Schoneman and Mayor Jarstad to authorize the bid call. Commissioner Schone- man explained that fencing is required by State law for an outside reservoir. Carried unanimously. CALL FOR BIDS - MOTOR GRADER g FRONT END LOADER Clerk read memo dated April 17, 1973, from Archie Mottinger (Street Supt.) to Co~missioner Schone- man requesting authorization to call for bids for one (1) used 1973 motor grader and one (1) New front end loader. Motion by Commissioner Schoneman and Commissioner Clark to authorize the bid call, carried unanim- ously. (co~nissioner Schoneman noted this was within the budget). ANNLXATION FKI'ITION - CLARE'S MARSH ;uREA (VERGEER ET AL) Clerk presented subject petition for annexation signed by eight persons. Motion by Cu~,~issioner Clark and Mayor Jarstad to accept the petition as the ten percent petition and process it for the next step procedure. Considerable discussion was held on the boundaries of the proposed annexation and Mayor Jarstad pointed out that the petition as presented wouId not include that area frc~ the south boundary of the proposed annexation to the City Limits and would not include that amea around Broad Street; also, stated that this would leave a county area almost surrounded by City limits which would prcb' ably not be accepted by the Boundary Review Board. Ronald Ross, one of the petitioners, stated that if this other area was to be included in the annex~ ation, he would like to be operating under an Outside Utility Agreement until the annexation ors because this would take additional time. Mr. Ross stated that he would continue to work on the annexation after he had obtained an Outside Utility Agreement. Conmissioner Clark and Mayor Jarstad agreed to amend the motion as follows: Motion by Co~missioner Clarkand Mayor Jarstad to accept the petition as the ten percent petition wm-i~he instructions that the Planning Depa~.~nt redefine the boundaries to concur with the pre- sent City limits. Amended motion was carried unanimously. Motion by Commissioner Schoneman and Commissioner Clark to accept the petition for the Outside Ut~-~tv Agreement presented by Mr. ross and Mr. Vergeer, carried unanimously. 10:00 - REC0oNITION OF MA~ITERS NOT ON THE TENTATIVE AGENDA Eddie Adams cu~_nded Fire Deparb~ent on fine job done in confining fire at 2017 - llth Street to one unit; also, welcomed City Attorney (Senator) Walgren back to BremerTon. REZO~E }5~RING - DEAN H. GEHRING (R-1 TO B-3 - W}~ATON WAY) Motion by MaVor Ja~stad and Commissioner Cla~k to hold subject hearing as scheduled on the agenda, carried unanimously. City Clerk stated he posted the area and public places required by law; that he advertised notice of the public hearinK in the newspaper and notified those persons within 250 feet of the area of th~ hearing at the proper time. CITY CObT~CIL MEETING MINUTES - APRIL 18, 1973, continued Clerk read Planning Commission Resolution No. 237 recon~nending approval of the application; also, read Planning Depar,b,ent Staff Review which also recommended approval of the subject application for rezone. Clerk read excerpt of the Planning Commission Minutes at which time a motion was made by ~4r. Be~rd to reconmend the rezone be granted from R-1 to B-3 which carried with one person (Mr. Helms) voting against the motion. Clerk read letter dated March 9, 1973, from I. Leslie Gibbon to the Planning Commission objecting to the rezone due to noise and traffic conditions, and objecting to a used car lot next to his back lot. Clerk read letter dated March 15, 1973, from Mr. and Mrs. Arthur L. Chambers to the Planning Depart- ment objecting to a used car lot in the area which would lower the value of their property. Clerk read memo from the City Engineer to the Planning Department dated Mamch 12, 1973, stating they have no objections to the proposed rezone. Clerk read memo from the Police Traffic Department to the Planning Depa~.~,~nt dated March 12, 1973, stating they have no objections to the proposed rezone. George Plescher, City Planner, gave presentation 'to the Council pointing out the area on two amea maps and explaining that this is the only portion on Wheaton Way in that area within the City limits t]~t is not commercial. Conlnissioner Clark asked if this rezone would close the gap between eon~neroial properties presently in this area; and Mr. Plescher stated this is correct. Mayor J~stad pointed out the importance of heavy screening at the hack of the lot so that the light- ing would not be detrimental to the Ivy Road residents. ~ob Nielens, Applicant, submitted the building plan and pointed out planned screening in the back of the lot; also, gave dimensions of the area to be rezoned. Commissioner Schoneman asked if the development would cause any type of view impairment to motorists turning from Ivy Road onto Wheaton Way. Mr. Nielens explained that they plan a ten-foot setback of ground shrubbery all across the front of the lot on Wheaton Way. Motion by Mayor Jarstad and Co~nissioner Clark to approve the rezone request as presented, carried unanimously. HOLLIS STORM SL~ER EASEMENT - PRAIRIE MARKET PROPERTY Clerk read me~ dated April 18, 1973, to City Council from City Engineer submitting subject easement from the Butler Investment Company which owns the Pr~rie Market property ~hich is the third and lasl easement required for subject project. Motion by Co~missioner Clark and Con~mlssioner Sohoneman to accept the easement and refer to the City tt~ey's Office for checking as to form and to the City Clerk for recording properly, carried un- animously. B[IRCHFIELD SANITARY SERVER EASt~4ENTS (LID #315) Clerk read memo dated April 17, 1973, from Assistant City Engineer James Root to City Council requesl ing permission to proceed with condemnation proceedings for the necessary easements for the subject L.I.D.; that several property owners have not signed necessary easements required to insure that all properties will be served with sanitary sewers at the conclusion of the project. Motion by Commissioner Schoneman and Commissioner Clark to accept the reconmendation of Mr. Root and ~ the Engineering Department to proceed with condemnation procedure to acquire the eaSements. Commissioner Schon~nn noted that there is a legitimate petition for the sewers in that area. Carr- ied uum3nlmously. LID #313 $ #314 SCHEDULE A CONTRACT - REPORT OF EXCESS ~UANTITIES Clerk read memo dated April 17, 1973, from John R. Ross, Assistant Auditor, to City Commissioners noting that the total quantity of Item 8 on the bid specifications is 60 each 6" X ~" cast iron Tees 9 $50.90 and that to date a total of 8~ have been installed, an exoess amount of $1,200.00. City Clerk presented Voucher to Coulee Construction on subject project in the total amount of $76,334.87. Motion by Conmissioner Schoneman and Co~ssioner Clark to approve the voucher for payment, carried m~nlmously. CONTRACF NO. 1306 - 15TH STREEr UAB PROJECT (OVER-RUN ITEMS) ESTIMATE #2 Citv Clerk read memo dated April 17, 1973, fmom City Engineer to City Clerk explaining subject estim- ate which indicates substantial overages over the original contract estimate. Clerk explained that there is no over-run yet on the contract dollar amount; that this is Estimate #2, about 25 percent claimed of the total. Con,missioner Schoneman stated that this contract will have to be watched quite closely because the city cannot receive any additional UAB Funding on the project. Mayor Jarstad stated that the contractor should be infomed that he should come before the Council for authorizati~ before exceeding the contract amount. Clerk presented voucher in amount of $~2,346.97. Motion bv Conmissioner ScJtoneman and Conmissioner Clark to approve the vouohem for payment, carried unanimously. PAY BI L~S ~ Co~missioner Clark and Mayor Jarstad to give a blanket approval of Vouchers No. 73097 through 73206, Inclusive, for payment in the total amount of $98,944.22; carmied unanimously. REPORTS - COmmISSIONER CLARK 1. Reported on Progress of 19th Sunday Bus Run (last Sunday) giving a total passenger count of 183 riders which is the average amount to date. 2. Reported that the City of Bpemerton has been allocated $129,000.00 to carry the EEA Program for CITY C0~CIL I~SffI'ING MINUTES - APRIL 18~ 1973~ continued the remaining months it will be in effect; also, stated that ten percent of this is local money and ~ 90 percent is Federal funds. StarTing with the end of June, 197~, there will be a periodic phase- I out to the point where by next May the EEA P~ogram will be completely eliminated. Stated that hope- I fully 60 percent of the EF~ employees (30 employees) can be placed undep regulsm employment through vacancies occuring in the regular staff. 3. Will be receiving shortly clearance from UMTA in order to grant a bid award on the T~ansit Buses which bids were opened last week. 4. Welcomed Senator Walgq~en back to Brem~rtOn. REPORTS - CO~ISSIONER S(~tONEMAN 1. Commissioner Schoneman stated that as a result of much background work, the Project Prospectus for the Topics Program was ready for signature and there were two prospectus to be sent in under the Topie~-~s z~.-~ si~_=t,,~e ~_nd the?e_ ;-:~_~ -~.-;c prcspec~ac to be scr~ in ~nder Topics Progr~un, both for Sixth Street g War~en Avenue intersection; one for signal and design instal[ ation and one for curb, gutter, sidewalks, grading, and paving. The amount of city funds required I for both of these items is $29,500.00. Motion by Co~nissioner Schonemmn and P~ayor Jerstad to authorize the Mayor and City Clerk to sign for i %~-~ty, carried unanimously, i 2. Since removal of the condemned building at Second Street Dock, an inspection was made of all the! buildings on Washington along the water in accordance with Ord. No. 298~ and that the Health Depart-I ment has ordered certain buildings that did not meet the building code to be removed at once. 3. Thanked (gordon Wal~ren for working towards legislation which provides for a half-cent gas tax being used for construction of City s~eets. ~. Plan was presented to the Highway Commission in an attempt to crea~ a turn-movement lane at the south emd of the Warmen Avenue Bridge which will be discussed further by the Highway Co~nission. 5. Spoke of problem he noticed while a~rtending meeting in Texas where oyster shells were used for road construction becaused c~ushed rock was not available. 6. Co~mended Don Lindgren of Bz~.3nAir Disposal Company for participating in the annual Clean-Up Event with the City. Stated this clean-up campaign does not include items such as stoves, r~frig- erators, etc., and ansrkhing to be picked up must be bunched properly. Stated that this is an addit- ional expense to Mr. Lindgren and he should be commended highly for his fine participation. 7. Wished all a fine Easter Holiday end Good Friday. BID OPENINGS Motion by Mayor Jar~tad and Commissioner Clark to open bids as scheduled on the agenda, carried un- animously. SHRUBS ~ GROUND COVER - Clerk opened the following bids: Julius Rosso~ Bid Bond Enclosed ....................... Item I . . . $4,125.00 Item II . . 3,750.00 George Yamamoto, Check Enclosed for $g16.2~ ................. Item I . . . ~,125.00 Item II . . 4,200.00 Motion by Mayor Jarstad and Commissioner Clark to refer the bids to the proper committee for recom- mendation of award at next Council Meeting, carried unanJ3nously. VAN TRUCK - CO~ICATIONS DEPARTMENT - Clerk opened the following bids: Jim T~aveller Motors, Inc. , Check Enclosed ....................... $3,865.22 Kluge C2]ev~olet, Certified Check Enclosed ........................ 3,~79.2~ Motion by Con~issioner Clark and Cu~issioner Schoneman to refer the bids to the proper cor~nittee for reco, m~endation of award at next Council Meeting, carried unanimously. CARRY-ALL TYPE TRUCK (FIRE DEPT.) - Clerk opened the following bids: [~selwood Buick-Pontiac, Bid Bond Enclosed ....................... $4,786.7] Kluge f~]ev~olet~ Check Enclosed ............................. ~,331.3~ Motion by Mayor Jamstad and Commissioner Schoneman to ~efer the bids to the proper committee for study and recommendation of award to the City Council, carried unani~Dusly. DISCUSSION - C~%NGE ORDER NO. 2 - L.I.D. #313 g #3lq (REPLACemENT OF PIPE) City Attorney Walg~en stated this Change Order has been ~eviewed by his office and that it is his recommendation that an installation of this amount of money be done through an official bid call unless it was a definite emergency situation. Mr. PaPker, City Engineer, explained potential fracture problem with the present asbestos pipeline and su?~ested there was a need for early action. CITY C0~CIL MEETING MINUTES - APRIL 18, 1973~ continued Con~nissioner Clark pointed out that the installation would cost more if the City went through the bid process and Commissioner Schoneman agreed; however, the Co~missioners agreed there was little alternative but to stay within the law. Motion by Commissioner Schon~m~an and Commissioner Clark to accept the recon]nendation of the City Aftorney for a delay of the installation until the city can promote a bid call~ carried unanimously. REPORTS - CITY ATTORNEY 1. Stated he was glad to be back in Bremerton; that the legislative session was very difficult and tiring. CITY CLERK - REPORTS 1. Reported to the Council that Resolutions a~e required in order to proceed with the election for annexation of the Sheridan Heights and Cedar Grove area and that he had forwarded this information to the City Attorney's Office. Mayor Jarstad stated this should be taken came of at the next Coun- cil Meeting. REPORTS - MAYOR JARSTAD 1. Attending Governor's Conference on Community Development in Seattle yesterday with Governor Evans sp~mking. Stated that County Commissioner Mahan spoke on panel with the Governor and did an excellent job. Stated he had a chance to speak to the Governor on problems of Revneue SharinK and the Governor promised to give Bremerton his full support in acquiring their proper funds. 2. Was pleased that Puget Sound Naval Shipyard was considered No. 1 for the quality of its work; that he is proud of the upgrading and solidification of the Navy's desire to retain and put more emphasis upon the qualities and workmanship and duties of the PSNS and relating Naval Activities in Kitsap County. 3. Urged all to vote Yes for the school levy Tuesday; that the Council is asking everyone to vote yes for the levy and recognizes the g~eat need for passage. 4. Wished all a happy Easter Holiday and stated he will be participating in Easter Services at ~k~Ddlawn C]]apel. Commissioner Schoneman introduced his son, Noel Schoneman, to those present and explained that he is an engineering student at the University and is going to do an arterial study in the City of Bremerton. Mr. Noel Schoneman introduced engineering students from Thailand, India, and Chinas who are going to help him do this study. Meeting recessed at 11:35 a.m. Recessed Council Meeting of the City of Bremerton was called to order at 7:30 p.m. with Mayor Jar- stad presiding. Also attending were: Con~nissioner Clark, Commissioner Schoneman, City Clerk Yea- don, ~kssistant City Attorney Sexton, and representatives of the press and radio. Mayor Jarstad gave the Police Report for the month of March which is on file in the City Clerk's Office. JOE MENTOR RETDNE HEARING--TAPE NO. 4--500-1390 Mayor Jarstad explained that subject hearing was scheduled f~ last Wednesday at 10:00 a.m. and at this tJ3ne other matters on the agenda caused a delay and the hearing was not opened until almost 12:00 noon. 'Fne Mayor explained that Mr. Burehfield was pmesent at the meeting last Wednesday spe~ icg for residents in the area of the rezone and requested the meeting be recessed to an evening meetz ing when more persons would be able to participate. Motion by Mayor Jarstad and Cc~ssioner Clark to continue hearing at this time, carried unanimousl' City Clerk stated he advertised notice of public hearing in the newspaper and notified those persor~ within 250 feet of the property and other persons who showed an interest in the rezone at the pro- per time; also, stated he posted the property and public places in town as required by law. Clerk read letter dated April 10, 1973, from Terence Hanley, Attorney, to City Commission giving reasons of opposition of the vamious s~unding landowners, and urging the Council to deny the application; also, questioned the rezone being properly before the Council due to such a lapse of time and stated it appears that the 1971 legislature has imposed a requirement for an Environmental Impact Statement prior to the rezone. kssistant City Attorney Sexton stated that new nOtices were sent out and published and that the application is properly before the Council today as reasonable notice has been given. Stated that the question on the need of an environmental impact statement has be~n reviewed with the Planning Department; that it is his feeling from a legal standpoint that the B-3 area will require an enviro- ~nental impact statement, and the R-2 area would not. Geor~e PlescJ]er, City Planner, made presentation to the City Council, at which time showed the subject area on an area map and explained that there are two proposals as part of this application. Mr. Plescher pointed ou%the proposal for rezone to R-2 on the map, and pointed ourthe area proposed for rezone to B-3. Mr. Plescher spoke of other uses in the area further down Kitsap Way which included ~obile Home Park, Trailer Sales, Cemetery (other side of street), funeral home, filling station. Pointed out non-conforming uses on Kitsap Way. Mr. Plescher gave dimensions of the a~ea proposed for R-~ rezoning and the amea proposed for B-3 rezonlng. Mr. Plescher stated that these two area=can be acted upon separately. CITY COUNCIl, MEETING MINUTES - APRIL 18, 1973, continued PROPONT2.~TS Joe Mentor, Applicant, stated he complies with all requimements J~dge Bmyan spoke to at one time. Mr. Mentor stated that he is requesting~ this rezone in order to build apartment-type houses; that it is a nice residential area as it is close to town, buses, and other city facilities. Mr. Mentor spoke of proposed plan for this area which could include swimming pools, tennis courts, and other uses related to residential living. Mr. Mentor submitted an environmental impact statement to the City Council. Tip. Mentor pointed out on a sketch that buildings will be built at a lower level and the top of the buildings would be below the level of Kitsap Way. OPPONENTS W. L. Burchfield, 5681 Kitsap Way, stated residents would like to know exactly what was to become of the area; that plans should be submitted to show that this area would be developed to agree with the neighborhood. Mr. Burchfield stated he felt the rezone should be denied until there is more concret~ information. Terence Henley, Attorney, representing property owners in the area, stated that spot zoning would be ccmpounded with the granting of this rezone. Mr. Henley stated that this rezone would have an envirenmental impact on the area. Considerable discussion was held concerning Mr. Mentor's plan for the area requested for rezone to R-2 and for the area requested for rezone to B-3. Mr. Mentor asked if the residents would object if he did not build up to the street level. Mr. Burchfield stated they would not object to this; that this would be negotiable. Mr. Burchfield stated they are not against the property being used for residential purposes. Mayor Jarstad stated that the Council would like to arrive at some sort of solution and suggested an open negotiation period between Mr. Mentor and the opponents. Merlin Froharrlt, representing., Bremer' s Estate, suggested that Mr. Mentor mijht consider entering into contract zoning; that by doing this he could develop his property for residential purposes and meet the needs of the co,mmmity. Mr. Mentor explained that the R-2 rezone area would be for apa~.b,mnt houses and the B-3 rezone area would be for residential type uses such as tennis courts, swimming pools, building for boat storage, ar~ things of this nature. After lengthy negotiation period, Mr. Mentor agreed that he would develop this property for resident- ial livin~ and uses. Opponents had no objection to the property being developed for r~sidential living and related uses. Motion by Commissioner Schoneman and Mayor Jarstad that the rezone be granted (beth the R-2 and the B-3 application) and that a covenant be placed on the B-3 portion so it could be used only for residential living related uses. Assistant City Attorney suggested that two restrictions be put on the R-2 rezone area as follows: Require 50 foot access at roadway, and that eonsi-cuction be limited to 25 feet'above the present existing roads. The Council agreed that this would be included in the restrictions, and the motion was so amended. Commissioner Clark stated that these restrictions seem to be a justified solution to the problems involved with this request. Motion carried unanimously. Mayor Jarstad stated that the City Attorney would prepare an Ordinance including restrictions as stated in the meeting, and suggested that contact be made with the City Attorney by those attorneys concerned with the request to insure they have no objections to the content of the ordinance. NgfE: THE ABOVE HEARING }~%S BEEN BRIEFED--TAPE AVAILABLE UPON REQUEST) Ueeting adjourned at 9:00 p.m. G. C.' YEADO~, SR., CITY CL~RK APPROVE1) BY: G~ K. JARSTAD, i~v~R Typed By: PIx:)ofread By: i'--"~'l'~ I TAPE NO. 3 SIDE B 385-1q85