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HomeMy WebLinkAbout04/20/77 CITY COUNCIL MINUTES April 20, 1977 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, April 20, 1977 at 9:05 A.M., PST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney 0lsen, and representatives of the press and radio. Meeting was opened with the Pledge off Allegiance and invocation was given by City Clerk Yeadon. MINUTES OF APRIL 13, 1977 Clerk read minutes of April 13, 1977. Mayor Jarstad ordered the minutes to stand approved as read. SEPARATIONS James Mowerton, Parks & Recreation Dept., Extra Labor, Resigned, 4/20/77. Charles W. Buell, Donald Lay, William F. Martin, Parks & Recreation Dept., Part-Time Playleaders, End of Temporary Employment, 4/20/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Separation, carried unanimously. NOTICES OF EMPLOYMENTS H. 0. Domstad, Water Supply, Extra ttelp, $4.75 per hr., 4/18/77. Cindy M. Gilmer, Commissioner of Public Works Office, Extra Help, $3.00 per hr., 4/15/77. Jennie Snypp, Parks & Recreation, Part-Time Playleader, $3.05 per hr., 4/20/77. T:imothy Bellville, Planning Dept., Extra Labor (Draftsperson), $3.50 per hr., 4/18/77. Brice Perkins, Extra Help, Engineering Dept., $3.25 per' hr., 6/30/77. Mot[on by Commissioners Sehoneman and Stewart to approve Notices of Employments, carried unanimously. CHANGES OF PAY STATUS Michael E. Fuller, Police Dept., 4th Yr. Patrolman, $1249.55 to $1271.90 + $12.50 longevity per mo., 4/18/77. Larry R. Beelaert, Police Dept., $1249.53 to $1267.22 + $12.50 longevity per mo., I.D. Officer, 4/18/77. Lawrence D. Worland, Police Dept., 4th Yr. Patrolman, $1267.22 to $1249.55 + $24.99 longevity per mo., 4/18/77. Paul Golnik, Fire Dept., 5th Yr. Firefighter to Lt., $1390.58 + $12.50 per mo., 4/17/77. Ron E. Nelson, Fire Dept., FireFighter 2nd YP. to 5rd Yr., $4.69 per hr. to $4.92 per hr., 2/10/77. James W. Hunt, Fire Dept., Eirefighter 2rid Yr. to 3rd Yr., $4.69 to $4.92 per hr., 4/11/77. Motion by Mayor Jarstad and Commissioner Stewart to approve Changes of Pay Status, carried unanimously. EMPLOYEES' RETIREMENT FUND FOR MAY, 1977 Clerk presented Employees' Retirement Fund in the gross amount of $3,555.46, as audited by John R. Ross. Motion by Commissioner Stewart and Mayor Jarstad to approve Employees' Retirement Fund for May, carried unanimously. REPORTED DIFFICULTY IN MAKING SCAN CALLS Clerk read memo from J. A. Reynolds, Acting Director/Telecommunications off the Dept. of General Administration, dated April 12, 1977, which stated that it has been reported that SCAN calls have been difficult to make. It stated that the troubles are caused by the fact that current SCAN usage has exceeded the internal capacity of the SCAN Network Switching Facility and a project to expand the capa- city of this Facility will be completed in the next six to eight months. CITY COUNCIL MINUTES April 20, 1977 Page two PUBLIC RESTROOMS IN SHOPPING CENTERS Clerk read memo from Building Dept., signed by George Allen, dated April 20, 1977, which stated that he felt that until more disciplinary action can be taken against the abuser of public restrooms, it is asking too much of the business community to supply rest rooms to the public. Clerk then read a letter from the Dept. of Public Health, signed by J. A. Weigel, Director of Environmental Health, dated April 13, 1977, which stated that he thought the idea of public toilet rooms in shopping centers is basically a good idea and there is a need for them; but he felt it would be difficult to maintain rest- rooms in a clean, sanitary manner. CONVERSION OF CITY HALL FURNACE City Clerk reported that the bid specifications required for the conversion are not presently available, but the firm of Cleaver Brooks, who installed the furnace, is working at the manufacturer level to prepare specifications suitable to the bid installation. Also, Lent's is looking into possible specifications. CALL FOR BIDS - DUCTILE IRON PIPE Clerk read memo from Water Superintendent, dated April 5, 1977, which requested authorization to call for bids for Class 52 Ductile Iron Pipe. It stated that inventory of pipe is down to restocking point and money was budgeted for this purpose during 1977. Motion by Commissioners Schoneman and Stewart to authorize call for bids for ductile iron pipe, carried unanimously. SUPPLEMENT #1 TO AGREEMENT FOR CAMBRIAN/PREBLE BARRIER Clerk presented Supplement #1 to Department of Highways City/County Agreement for installation of a New Jersey Type Barrier along the roadway curve and the installation of a Warning Sign and Rumble Strip, together with reconstruction of the access roadway to PSNS. Motion by Commissioners Schoneman and Stewart to authorize Mayor and City Clerk to sign for the City, carried unanimously. CONSTRUCTION OF CONCRETE SHOULDER BARRIER AT CAMBRIAN AND PREBLE Clerk read memo from City Engineer, dated April 18, 1977, which requested per- mission to advertise construction of concrete shoulder barrier at Cambrian and Preble when approval to do so is received from the Highway Dept. It stated further that the total cost is $17,808.00, of which $1,78i.00 will be provided by the City from Gas Tax funds. Motion by Commissioner Schoneman and Mayor Jarstad to approve advertisement of construction of concrete shoulder barrier at Cambrian and Preble when approval is received from Highway Dept., carried unanimously. PUBLIC MEETING RELATING TO SEWER OVERFLOWS SINCLAIR INLET SEWERAGE FACILITIES PLAN Clerk read memo from CH2M Hill, dated April 13, 1977, which stated that there would be a public meeting at 7:30 P.M. on April 20, 1977 in the lounge of the Sheridan Park Community Building; that specific problems relating to floating material on beaches and other aesthetic problems relating to sewer overflows will be discussed. REVISION OF CIVIL SERVICE RULES Clerk reported that City Auditor had checked into what fund should be used for payment of services for Denworth, Taylor, & Co. to rewrite the Civil Service Rules and it should come out of the General Miscellaneous Fund and not the Cumulative Reserve for General Municipal Purposes Fund. Clerk stated that an amending motion should be made. Motion by Mayor Jarstad and Commissioner Stewart to amend motion made last week and take money out of General Miscellaneous Fund for payment of services for Donworth, Taylor & Co. to rewrite the Civil Service Rules, carried unanimously. ONE-DAY SEMINARS FOR PUBLIC OFFICIALS AND COMMUNITY LEADERS Clerk read letter from Attorney General which stated that seminars will be pre- sented at several locations in Washington in regard to crime prevention. A schedule of seminar locations, a tentative agenda and a reservation form were CiTY COUNCIL MINUTES April 20, 1977 Page three attached. Mayor Jarstad requested that the letter and attachments be given to Pat 0'Neill in the Police Dept. PROCLAMATION - AMERICAN BUSINESS WOMEN'B ASSOCIATION SCHOLARSHIP MONTH Clerk read Proclamation proclaiming May as "ABWA Scholarship Month". Asst. City Attorney Sexton entered the meeting at this time. RECENT SHORELINE HEARINGS BOARD UECISIONS Clerk read memo from Andrew 0lsen, Asst. City Attorney, dated April 18, 1977, which stated that the Shoreline Hearings Board has recently handed down two decisions which concern substantial development permits granted by the City. it stated that the Board basically affirmed the permit granted Richard Person to construct twenty condominium units on a site on the waterfront near East 113th St. and Marlow; and that the Board vacated a permit granted Victor Wowarus and Larabert Schuyler for construction of 144 units in nine two-story buildings to be located at the inter- section of Tracyton Beach Road and Sheridan Road. Mr. 0lsen stated that he was still working on this and he would have more information next week. Commissioner Stewart stated that he was unhappy with the Board's findings and he would like to find some way of getting the Board together in a manner that they could be questioned about their findings. Mr. Victor Wowaras came before the City Council and discussed the findings of a Shorelines Management Hearings Board in connection with Mr. Schuyler's application for a permit. He pointed out in various sections of the findings areas of dis- agreement that he had with the Findings. Mr. 0lsen gave a review of the matter; stated at this point there is a 20-day period from last Friday during which the City could file an exception. One of the points that needs clarification is their view concerning density. Mr. 0lsen stated the second possibility would be an appeal. He discussed further the areas of law that come up in connection with the Shoreline Management Act and the Hearings Board, which is set up under the Act; that the Board is the body that is to make decisions concerning density and aesthetics. Concerning SEPA the court may hear the matter. After further dis- cussion as to what the C:ity may be able to do during this 20-day period, the following motion was made: Motion by Mayor Jarstad and Commissioner Stewart that the City Attorney respond during this 20-day period on some of the questions that have been raised at this Council Meeting and also remind the Board that regarding many of the questions they had about "responsible official" they did not have the information the City Council had when they questioned him regarding drainage, soils, etc. and the City Council did have the information. Under discussion: Commissioner Schoneman noted that a high-density use was permitted on East 10th Street right on the water- front and hcrc they are speaking of five acres of ground with a road between the proposed development and the waterfront. He could not understand why they would find fault with this one. Motion carried unanimously. PUBLIC RECOGNITION Dorothy Martin, 1408 Winfield, asked how far north Shore Drive extends. Commissioner Schoneman explained where it terminated. She was concerned about sidewalks needed in the area and Commissioner Schoneman stated that the City had paved the shoulder' for senior citizens to use but if sidewalks were asked for by the residents, they would have to be installed through an LID. BILLS Motion by Commissioners Stewart and Schoneman to give blanket approval to vouchers 6534 to 6645 inclusive in the amount of $142,377.20, audited by John R. Ross, carried unanimously. COMMISSIONERS' REPORTS Commissioner Stewart: 1. Stated that several months ago the taxicab feeder system was extended into the bus line, but it hasn't been put into effect yet. City had been basically conccrned with cost and costs have hardly increased at all on Marine Drive. He would like to put the taxicab system City-wide. There are some people who cannot walk up hills and for 50¢ instead of 35¢, a cab would pick them up and take them to a bus line where they could ride throughout the City. He asked if the commis- sioners have any objection to this proposal and none were stated. Stated he would then put his proposal into effect. -3- CiTY COUNCIL MINUTES April 20, 1977 Page four 2. Suggested refunding the City's portion of the Library Bonds for a savings of around $13,000.00. This appears to be a favorable time For refunding. He stated he had talked to two bond companies and the State Examiner located in Port Orchard. He stated he thought the City could get an "A" rating because the City is in good financial condition. He will proceed to get an ordinance prepared for next week's council meeting. 3. Stated he had received a copy of a parking study which came From the Municipal Rcsearch Council and it showed that if the City had a parking authority, it would have to make payments in-lieu-of-taxes to the County and the City does not have to pay that. It was interesting to look into this report and he noticed that only two cities have used revenue bonds and 11 cities have used LIDs, and promoters of the parking Facilities have encumbered their property for that purpose. This is something that people can do if they want additional parking. 4. Brought up for discussion the $3.00 construction charge which he maintains is not fair because it is the same price to single-family dwellings as for an apartment house; it should be on a basis per unit. Had sent a letter to each of the commissioners concerning his proposal. He stated the charge would not exceed over $300.00 for every 1500 sq. ft. and less sq. ft. would be less. Where it is a laundry using more water, it should be paying the extra fee. Commissioner Schoneman stated he was not prepared to discuss it at this time but he would be next week. 5. Would like to see a temporary taxicab license based on a volume of their business. He did not like to give permanent licenses because the companies sell them when business is down. Have had complaints from people who have had to wait for a taxi. A temporary license would encourage operators to increase their volume. Stated unless the City Council has the ordinance changed that they won't have any opportunity to issue licenses based on volume. He asked for an answer at next council meeting. 1. Things are looking up in Bremerton for April. Building permits to date have a total valuation of $2,900,915.O0./ Gave figures for some of the larger projects. He does not think downtown is stagnant. There will be a news release on the building going up for Land Title. 2. Had a letter from Pazooki & McMenamin in regard to KCCS. He read the letter regarding the proposed building at Union Avenue and Werner Road; that plans have been submitted to the City for review; there will be a bid opening by the County on May 9 and construction should start in that area soon. 3. Regarding improvements in Manette, the City marked a stripe to keep cars from parking and interfering with pedestrians. Will do the same on Wheaten Way leading to the Sheridan Shopping Center. This is for elderly who live in the vicinity. 4. Stated he had a letter from EPA asking for additional information on the Pine Road Interceptor Sewer Line; that he was disturbed because of the delay as the bypass is very necessary inasmuch as pump station is not capable of handling excessive amounts of sewage and treatment water. The improvement is needed to take care of additional housing planned in the area. 5. Secretary, Ruth Austin, will be leaving. An examination has been given by Civil Service and he has interviewed four people for the position and the one he feels is best qualified is Judy Gosslin who was with the Chamber of Commerce as Administrative Assistant. She will start working on May 1 6. City water situation has not changed very much. City will have to be thinking in terms of quite a number of restrictions. Council has already taken one step to keep from excessive sprinkling and thinking about additional. Will know within the next two weeks regarding additional conservation needs. Dam is half full and the Water Dept. is calling upon all its resources. Drilling wells in Gorst, PUD is drilling in Bridle Ridge and if that well is worthwhile, it will be turned over to the City. ?. Would like to appoint Gary Case as new Assistant City Engineer. He has been on provisional employment appointment since February and he scored highest of the four engineers who took the test. Motion by Commissioners Schoneman and Stewart to appoint Gary Case as new Assistant City Engineer, carried unanimously. -4- CITY COUNCIL MINUTES April 20, 1977 Page five 8. Stated the setup in the Engineering Dept. is great for the City of Bremerton; now have two professional engineers doing work fGrmerly done by consultants. One particular job that was costly to the City was the second phase of the Sheridan Road construction. City Engineering staff has found many mistakes and are revising the plans completely. Appreciated the fact that the engineer's office has the ability to do the work in-house. Stated that Mr. Waring is also a pilot and he is doing photography for the City; at this time he is doing this in regard to CBD. He will be flying on Monday taking aerials and in coining weeks will cover all of Bremerton for the engineering and planning departments. The total cost for renting a plane and fuel is $165.00. Meeting recessed from 10:30 A.M. until 10:40 A.M. Motion by Mayor Jarstad and Commissioner Stewart to hold Talcott Rezone Mearina and the discussion on Water Right Pemit Issued to Jim Skirving at this time, in that order, carried unanimously. TAPE #103 HEARING - TALCOTT REZONE (A) Clerk stated he had posted, published and notified residents as required by law. Clerk then read Planning Commission Resolution No. 400 recommending denial of the rezone. He then read letters of opposition from Doyle R. and Norma Bentley, 2729 Ash St.; Bernice E. Beals and Alice A. Lebeck, 2719 and 2721 Ash St.; Carl F. and Elaine L. Buettgenbach, 931 Ash St.; Mrs. Harold Westfall, 2630 Ash S%.; Mrs. M. E. Phelps, 920 Ash St.; Albert and Irene Lennard, 2705 Ash St.; Mr. & Mrs. Gordon Stansberry, 2646 Cherry Ave.; J. Everett and Marcella Quinlivan, 2723 Ash St.; and Dean L. Richards, 922 Callahart Dr. Commissioner Stewart stated that he owned the property where the Dairy Queen and car wash is located and if anyone has any objections to his sitting in on this hearing, he would be glad to step down. Mr. Sexton asked if anyone had any objections to Mr. Stewart sitting in on this hearing and Donald Morn, 2602 Cherry, stated that the property they are concerned about is further down on Wheaton Way and is already zoned commercial and they have no objections. Clerk stated that 14 ballots had been sent out, 4 were returned, 3 in agreement and one in dlsagreement. Ken Attebery, City Planner, spoke about the rezone using a site plan and sketches. Commissioner Schoneman asked if most of the homes in this block are new and Mr. Attebery stated that most of them are new. PETITIONER: George Price, representina Dr. Talcott, spoke concerning physical aspects of the rezone. He stated that it is interesting to note that all of the letters that were received, none of them were from people within the 250 ft. radius and some of them were beyond the zone of interest. He stated that the majority of the people who answered the ballots were in favor of %he rezone. He stated that 16 parkina stalls would be provided and the entire area would be screened; that the house can't even be seen from the street. He stated further that traffic that it is going to generate is really of no consequence as Dr. Talcott will see only five or six patients a day. He stated that some of these house have been built since the hospital was built and he failed to see where a conversion of one particular house to a clinic that is close to the hospital can affect a neighborhood that much. Commissioner Stewart stated that one of the reasons For the objections is that there is space available for rent in a clinic that is already built and the residents wonder why Dr. Talcott doesn't set up his clinic in this building. Dr. Talcott explained why this particular location was chosen. He stated that his staff is an anesthesiology group and they will work in respiratory care. He stated that his clinic will offer a pain clinic as well as a clinic for Iona- term cancer patients; that he wants to offer a clinic here instead of having them go to Seattle. He stated that it would cost about $100,000.00 to set up his clinic in one of the new buildings and volume of his clients would not be able to take care of a sum that large. He stated further that his patients would -5- CITY COUNCIL MINUTES April 20, 1977 Page six not involve a great volume of traffic in the area and the structure itself would work well as a clinic. He stated that he does not want to destroy the scenery and it is impossible to see the area in the back where the cars will be. He has talked to the immediate neighbors and they are not opposed to what they want to do. He mentioned a family business on Callaban and wondered if they had rezoned for that business. He stated further that it is necessary for him to be close to the hospital; that this type of work does not include narcotic drugs, but he would like to have the hospital as a backup. He stated that From time to time someone might necessitate an immediate transfer to the hospital. Commissioner Schoneman asked if there was an architectural sketch of the building and Mr. Price replied that the outside of the structure would not be changed. Dr. Talcott stated that all the work would be done on the inside. OPPONENTS: Everett Quinlivan, 2723 Ash St., stated that his biggest objection is not that it is a clinic so much as it is a business and once a business is brought into a neighborhood, others will try. He stated that Mrs. Beal could not be here today, and she asked him to voice her opposition to the rezone. Commissioner Schoneman asked Mr. Quinlivan if he constructed his home after the hospital was built and Mr. Quinlivan stated that it was built after the hospital. Commissioner Schoneman asked if he was not aware that clinics would be constructed around the hospital and Mr. Quilivan stated that he was aware of it and he has no objection to the hospital. Commissioner Schoneman asked if there was going to be a covenant restricting any other type of business if this property is rezoned and Mr. Attebery stated that if the fezone was approved, a condition like this could be included. Mr. Price stated that their willingness and acceptance was made known that the building would not be torn down or expanded; that they would be willing to accept a fezone for just exactly what they have stated the rezone is for. Dean Richards, 922 Callaban, spoke about spot zoning and stated that a ceramics business had been set up on Callaban. Commissioner Schoneman stated that a home occupancy business can be set up in an R-1 zone and Mr. Olsen stated that the State Supreme Court has set out in more than one case what they consider spot zoning to be. He discussed the criteria of spot zoning. Donald Horn, 2601 Cherry, stated that he objected to the rezone becausc of the traffic situation and Commissioner Schoneman asked him how the addition of only six patients a day increase the traffic that much. Mrs. Lennard, 2703 Ash St., stated that she was concerned because there is a vacant lot beside her house and she feels that if a business goes in here, that someone will be able to have the lot next to her rezoned too. She stated that she had checked with Mr. Boyce about the price of renting space in the clinic and she had determined that it would cost Dr. Talcott $6.00 per sq. ft. plus $2.50 for utilities a month to rent space for his clinic, and that came to much less than $100,000.00 which he claimed it would cost him. Mr. Price stated that this paid only For a shell, that it does not include carpets, finished plumbing or the lighting; that depending on the size, it would cost from $30,000.00 to $100,000.00 to get a clinic ready for occupancy. Mrs. Richards, 922 Callahan, asked why clinics are being built if these doctors cannot afford to rent. Mrs. Quinlivan, 2723 Ash St., stated that she was opposed to the rezone; that if the rezone is approved, it will set a precedent and there are areas where Dr. Talcott could go that are close by; that the whole neighborhood wants it to remain R-1. Dorothy Martin, 1408 Winfield, spoke about the comprehensive plan and Mayor Jarstad stated that the comprehensive plan was just a guide. Ben Johnson, 931 Callaban, stated that he felt that if the rezone is approved, it will set a very dangerous precedent and he is opposed to the rezone. Marilyn Moon, 2720 Ash St., stated that she had talked to Dr. Talcott and she was under the impression that he was going to put in an apartment with an office below, not use the building For a clinic and she was opposed to the idea of a rezone. Commissioner Stewart commented that this is an R-1 area and the homes are relatively new. He stated that he feels the area should remain R-1 until the majority of the people want it changed and he urged the Council to deny the rezone. Commissioner Schoneman stated that the question he had is, since it is going to be a one-man business, rather than a rezone from R-I to B-l, could a special use permit be given to Dr. Talcott to carry on this type of business. Mr. Attebery stated that since the use was specifically mentioned in the application, his feeling is a -6- CITY COUNCIL MINUTES April 20, 1977 Page seven special use permit is not appropriate; that if it were a use not mentioned, a special use permit could be issued. Commissioner Schoneman stated that he felt this is a proper location for the type of professional service that is to be carried on. Mayor Jarstad stated that in taking the testimony and analyzing the fezone, the whole large area must be looked at. He stated that a lot of fezones have been approved in the area, but this is a rezone to a B-1 in an R-i area and the surrounding residents do not want the rezone. He stated that he does not think this is a proper rezone. Commissioner Schoneman stated that he would like to look at the site before making a decision and Mayor Jarstad agreed that this was proper. Motion by Mayor Jarstad and Commissioner Schoneman to defer decision for one week so Commissioner Schoneman can visit the site. Under discussion: Commis- sioner Stewart asked if any testimony would be given next week and Mayor Jarstad stated that there would not be. Motion carried unanimously. WATER RIGHT PERMIT ISSUED TO JAMES SKIRVING Mayor Jarstad stated the issue arose from the public viewpoint of a phone call from the County Prosecutor's Office where they inquired if the City wanted to enter into a proposed suit; that they were considering a suit because of a water right permit issued to James Skirving. He informed the prosecutor's office that the commissioners would like to have some information concerning this. This is a matter which has been discussed by the Kitsap Lake Environmental Association at their meetings. He believed there would have been hearings before the permit was issued; but the permit was issued under a change in the rules because of drought in Eastern Washington, particularly the Yakima Valley. Under the new rules, the department can issue any permit and they supersede all other depart- ments. The Department of Ecology apparently bypassed all other hearings because of the drought in the Yakima Valley. The County Prosecutor wants to get into this matter because of county residents. Ken Attebery, Planning Director, out- lined the information his department has had, which the mayor has outlined; that the emergency legislation had been passed and if the legislation had not been in effect, it is very possible the possible removal of water would have had to have had an environmental impact statement. Commissioner Schoneman stated evidently from the copy of the letter, he had heard the department had the right to issue a permit; that he did reply and gave his opinion on it. Due to possible emergency situation regarding water supply, gave approval providing he got approval of all agencies involved. He received a letter that this was going to be for a short period of time. This would be only for an emergency in case no other source for water was available and the authorization expires on Sept. 30, 1977. It was his feeling unless there were some other sources of supply this would prevail. Commissioner Schoneman asked Mr. Skirving if he had any other source of water other than from that marsh area. Mr. Skirving discussed the lack of rain and the water table, which has dropped, and stated that the creek has not run for two or three days. Mr. Skirving insisted the gravel wash water does not leave the area. He stated that this is an emergency situation only good until the rains come. He stated that this water did not come from Kitsap Lake; that he would not be getting 500 gallons per minute and he won't be running all day or all night; that he owns the land and the water does not leave. It runs right back into settling ponds and the water would not leave the property. Discussion followed regarding how much water he would be taking in order to keep the proper amount in his ponds. Mr. Skirving stated he had stopped drawing water when he got complaints from everybody and he then went to Olympia and read the new emergency regulations. He was asked if his property goes on Kitsap Lake and he stated it did not. Ite stated further there are people who are drawing water from Kitsap Lake for lawns and this water is on his own property. Mayor Jarstad stated there was a letter from the Dept. of Game that opposed the draining of this marsh area and he was concerned that the marshland would suffer severe damage. In further discussion, the mayor indicated Mr. Skirving would draw more than the outflow from Kitsap Lake and the Fisheries Dept. has a concern because of the possibility of not having over- flow. Mr. Skirving stated this is to maintain his water level and his ponds are all small. The amount of water used will depend on how much the sun shines. He stated he is trying to keep an industry going until the rain comes because he employs 50-60 persons. Commissioner Stewart asked if anybody has looked into -7- CITY COUNCIL MINUTES April 20, 1977 Page eight this matter and Mr. Skirving stated the Dept. of Ecology has looked at it over and over again. He said he could not afford to buy drinking water. Mrs. Anne Maloof, Rt. 1, Box 1740, stated she lived on the lake and opposed the use of the water on the grounds that it is not an emergency. She contested this point and claimed this was a commercial operation. Mrs. Maloof asked several questions of Mr. Skirving and made several comments concerning such things as the water does leave the area of Kitsap Lake and state departments have recognized this is part of Kitsap Lake; stated the water level has gone down in tile lake. Commissioner Scboneman stated Kitsap Lake is spring-fed and does not depend on water runoff as the City's dam does. Mrs. Maloof read a letter dated April 19, 1977, signed by the Board of Directors of the Kitsap Lake Environmental Association, expressing their concern and stated that the south end of the lake is a recognized environ- mentally sensit:five area; that the granting of a permit to remove any quantity of water for commercial purposes may set a dangerous precedent whi ch may have irr~tPievable impacts jn the future. She stated copies of this letter had gone to some departments of the state and Senator C. W. Beck. Commissioner Schoneman called Mrs. Maloof's attention to the fact that the City of Bremerton did not issue the permit, noting that their letter requested the permit be revoked and the letter was addressed to the City Council. Mrs. Maleof stated when the letter was written, they did not know at that time that the new law had been passed. Mayor Jarstad stated neither the City nor the prosecuting Attorney had ever seen a water right permit issued before without proper hearings. He stated the City Council does bare a concern in representing the people of Kitsap Lake. Asst. City Attorney Sexton gave four suggestions for the City Council, one of which concerned what seems to be a lack of information and suggested the City Council request the City Attorney or some city department to obtain from the Dept. of Ecology the information on which they made their determinations. Commissioner Schoneman stated it would be difficult to furnish Mr. Skirving with City water because the water line that goes in the area is a pressure line. (Discussion continued later in this meeting.) CENTRAL BUSINESS DISTRICT Mr. Sexton stated relating to the downtown redevelopment a hearing is tentatively set in early June to determine blight; that he has met with various departments in the City to get facts and it has become quite apparent that they are not able to meet the guidelines because of a shortage of manpower. He asked authorization to hire two persons to assist the attorney's office, the engineers and the building departments to provide the facts necessary for the proposed hearings. Commissioner Schoneman stated he has met. with the department heads and they are seeking the personnel and want to know who is going to pay them. Motion by Mayor Jarstad and Commissioner Schoneman to pursue the engaging of additional extra help to conclude the City's part of the study and payment come out of the Cumulative Reserve for General Municipal purposes Fund or other desig- nated funds that the City Auditor may suggest. Under discussion: Mayor Jarstad stated the Council needs John Ross to look over the funding and report back to City Council. Motion carried unanimously. Commissioner Stewart left the meeting at this time. SKIRVING PERMIT (Continued) Bob Morrissey, Rt. 1, Box 1748B, said that he was speaking as an individual; commented that there is no argument that Mr. Skirving js taking water under the law, but the lake is extremely low and is probably one foot lower than normal. The spr'ings that feed the lake evidently are not able to keep up. The lake is now at about Late August level. If the lake is four inches lower than now, there will be no flow at the outflow and there is a trout farm below that would be concerned. Harriet Mitchell, 2889 Northlake Way, discussed the lack of water and the fact that the Fisheries Dept. had to take blocks out of the outflow area for the trout Farm. She said there was a shortage of water in the Chico Creek. Mrs. Maloof invited the commissioners and state representatives to come to her home for a first-hand look at the situation. Mayor Jarstad stated they will wait until they get answers from the Dept. of Ecology. Motion by Mayor Jarstad and Commissioner Schoneman that the City of Bremerton join with the representatives of the Count. Prosecutor's Office and submit a letter to the Dept. of Ecology asking for answers to some of the questions that -8- CITY COUNCIL MINtJTES April 20, 1977 Page nine have been raised here. Under discussion: Mayor Jarstad stated he did not feel the City, at this point in time, is prepared to enter into an injunction but should get more information as suggested by the attorney. He stated that Mr. Skitying could use his permit anytime since he obtained it. He stated this is new legislation and was passed to save fruit trees in the Yakima Valley. Mr. Frank Armfield, 718 Twin Road, asked if anyone has determined whether there is an emergency and stated Mr. Skitying is a businessman trying to save money. Mrs. Maloof asked what can be done to stop Mr. Skirving and Mr. Olsen discussed who might have standing in court in seeking an injunction and noted that Mrs. Maloof is as well off as the City because all the City is involved in the issuance of a permit is giving comments. Mrs. Maloof asked how Mr. Skirving happened to own that property because she had been told that the City owned it. Mayor Jarstad explained about what property the City had purchased and that this has always been Mr. Skirving's property. Motion carried. AMBULANCE COMMITTEE Mayor Jarstad discussed the proposed formation of an ambulance committee to assist in quality of emergency medical service and recommended appointment of Robert Mussman as chairman. Motion by Mayor Jarstad and Commissioner Schoneman to appoint Robert Massman chairman of the group and solicit for anybody who would like to serve on the committee to approximately three people and have prepared a resolution to establish the committee outlining the scope of their responsibilities and the resolution be returned to the City Council for adoption, carried. Mayor Jarstad discussed a letter regarding the ambulance service which had been published in the newspaper; that he had called the gentleman on the telephone and talked to him and the man admitted there were many things he did not know when he had written the letter. Meeting adjourned at l:B2 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -9-