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HomeMy WebLinkAbout03/19/75 CITY COUNCIL lm~rIN~ MARCH 19, 1975 The regular meetinK of the City Council of the City of B~eme~ton, Washington, was held in the Council Chambers of City Hall at 9:00 a.m., PDST, Wednesday, Mar~h 19, 1975. Attending. were: Mayor Jarstad, Dresiding; C~mlssloner St~, Cc~alssioner Sehoneman, City Clerk Yeadon~ Asst. City Attorney Sexton, and reD~esentatlves of the press and radio. Meeting oDened with the PledKe of AlleKianee and Invocation by Ma~k Barnet of St. Paul's Episcopal MIN~JTES znu~ of Maz~h 12, 197S, were r~ad and approved as smended. SEPARATIONS Henri Campbell, Paz~-time Playleadem, Parks g Recreation, Mar~h 17, 1975. Timothv Miller, Paz,t-time Playleadel% Parks ~ Recreation, March 17, 1975. Thomas Ne~,~ll, Par~-time Playleadem, Parks g Recreation, March 17, 1975. Steve Quy, Par~c-time Playleade~, Pa~ks g Recreation, Mar~h 17, 1975. James Rye, Par~-time Playleade~, Parks $ Recreation, March 17, 1975. Robez~ Sayers, Par~-time Plavleadem, Parks g Recreation, Ma~ch 17, 1975. Randy Shedwin, Par~-time Playleader, Parks g Recreation, Ma~ch 17, 1975. Da~r~l Stuart, Para-time Playleadem, Parks $ Recreation, Mar~h 17, 1975. Ter~ence Welling, Par~c-time Playleadem, Parks g Recreation, Maz~h 17, 1975. Donald Thomas, Extra Help, Cemetery, ~ar~h 17, 1975, T~,~nated. ~,~lla M. Metcalf, Office Asst. III, Accounting, May 1~ 1975, Resignation. Motion by Mayor Jar~tad and Con~ssioner Stewal~t to approve the seDaPations~ Cu~,,.~ssloner Ste~l~t stated that Willa Metealf has been an outstandlnK employee and wil~ be a g~eat loss to the City; also, co~*~ented that this position may not be ~efilled when the new e~,',,uteP system arTives, and until that time will probably be an Extra-Help Position. Motion car~ied unanimously. E~PLOYMENTS David Somerville, Extra Labor, Cemetery, $2.~7 h~., Mar~h 2~, 1975. Motion bv C~¥,m[ssioner. Schon~man and Co~s~ioneP Stewart to approve the employment, ear, led unanimously. CHAM3E IN PAY STA~S Frank Burton, Patrolman ~th to 5th Yr., ~1,0S9.0~ to $1079.73 longevity increase, 3/10/75. Motion bv C~issioner Stewart and ~4ayor Jarstad to approve the Changes in Pay Status ~ car~ied unanimously. PAYROLL VOUCHERS Clerk presented the following payroll vouchers for the period February 2~, 1975, thr~uKh ~h 9, 1975: Net, FIT, FICA~ Gross Payroll ~137~383.63. CO FICA, SERVICE F~b~, $~73~.88. Audited by John Ross. Motion bv C~,,~ssloner Stew~l~t and ~avor J~stad to appr~r~e the Payroll Vouchers, carried unanimousl ACC~FI~d~CE OF LIONS FI~.D FLOODLIGHTIN~ Clerk read m~mo datedl8 March 1975 f~cm Park SupePintendant to City Clerk advising, that floodlightin system on Lions Co~munltv Plavfleld ~1 unde~ Contract to Pacific Eleet~io C~,uany has been o3mDleted, and recommending this D~o~ect be accepted by the City. Motion bv Mayor Jarstad and C~,,,~[ssioneP Stewal~t to officially accept the p~oject and contraot as c~%~lete ~ carried unanimously. ACCEPTANCE OF PUMP STATION ~19 AS COMPL~-r~ Clerk read memo dated 1~ Ma~eh 1975 from City Engineer to City Council advising that Sanital~y Sewer Pump Station 919 (Pinewood) has been ecmpleted in aero, dance with the Dlans and specifications and has been inspected by the Engineering Depa~b,~ent and ~P. A1 Hek-~,~l~; recon~nended City Council accept this ~Doject. Motion bv Co~tissione~ Sehon~nan and C~,,~u[ssloneP Stewar~ to accept the contract and project as ~,~p ete'~ C~,,issioneP Sehoneman ck~,.ended the contraeto~ on e~,pletion of the D~oject and a job well done. Motion oar~ied unanimously. CALL FOR BIDS - SURVEY TRUCK Cler~ read memoYdated 18 Mar~h 1975 f~ City Engineer to City Council ~equestlng autho~izatlon to call for bids for a truck for use by the Survey C~ew as included in the 1975 budget. Motion bv Mayor Ja~stad and Commissioner Stew~u-~t to call fop bids for the sur~ey truck~ earTied unanimously. BID A~RD - PARK DL~i'. CONCESSIONS Clerk read memo from Park Supt. to City Clerk ~eeonmending bid proposal of BPemer~on Athletic Roundtable be acoepted (only bid su~mltted); also, that it be noted in the ~ntract that Concession p~ivilidKes fo~ the Babe Ruth League Tournament have already been ~ese~ved bv the local Babe Ruth or~anlzatlon. COUNCIL MA~J.'ING= - MARC~{ 19, 1975 (Cont.) Motion bv Mayor Jar~tad and Co~nissioner Schoneman to award bid to Br~nerton Athletic Roundtable ~---~he understanding that local Babe Ruth or~.,ani?ation will have COncession prlviledges at Babe Ruth League Tournament July 2~-29, 1975. Mayor Ja~stad stated he ~as pleased that ~emerTon Athletic Roundtable has the concessions due to the fact all funds raised go back into the c~,,~nity to provide prop~Pams for the eltlzerkr~. Motion ear~ied unanimously. ARCHiTLL~fURAL CONTRACT - COM. THEATRE (PRESENTATION) Bill Fraser, Ar~hitect~ Bainb~idKe Island w~s present at the Cx)uncil MeetlnK to answer questions of the Council. G~ants Adminlsi-pator Bob Theroux explained that the contract is a standard architectural fora. Mayor Ja~stad stated he would like to ~eview the COmpleted coni-pact. Mr. Theroux stated they would ~etu~n later in the meetinK with the completed forms. Mr. Sexton to review. AGREEMENT FOR "SCAN" SERVICES Clerk read letter dated 12 March 1975 fr~m State of ~ashington DeDapbnent of ~enepal Administration to Co~nissioner Ste%~t~t sutmitting ~erfc for SCAN Services to be signed by the Mayor and City Clerk. Clerk read memo dated 19 Mar~h 1975 fr~ra Ciiv Auditor to City Council pecu~,~mnding the Cil~; sign the Agre~nent due to the savings involved to the City and the fact that the enti~e CEMTRF~ System currently in use can be incorporated into the SCAN System usin~ the existing equipment and n~bers; also, noted that the City may tennlnate the service at any time and that the State may discontinue service after 30 days wpli-ten notice. Discussion w~s held, and Cc,',~,%issioner ~tewar~c stated the cost of installation should be absorbed in three months due to the savinKs which will result; also, cul.nended JOhn Ross at his elf or,cs in this a~ea. Motion Commiss{~oner Stewar~ and Cu~.issioner Sehoneman to authorize the Mayor and City Cler~ t~the Agreement with the State, carried unan~nously. MASSI]3SE LICD~E APPLICATION - REYZDLDS ~lerk presented Application for Masseuse License fr~m Con~ie Lou Reynolds which ~s Pecc~mended for approval bV the Police Motion by Mayor Japstad and Czmmisisoner Schoneman to approve the application, carTied unanimously. TRANSFER TAXI/AM~ULAMCE OPERATOR LICENSE Clerk presented Application for TAxicab 0Derator License and Application for Master Ambulance License for Levde Enter~rises, Inc., signed~by James E. Levde, City Clerk stated all requirements have been met, and reec~,,ended approval of the applications. Motion by Mayor Ja~stad and Con~tissioner ~%tewaz~ to approve the applications. Mayor Jamstad cu,,,~endted that the City is ver~ for~cunate to have an excellent operator for these services. Motion carried unanimously. POSTPONE HFARIN~ - SKIRVIN~ PROP~TY REZ0NE (KITSAP lAKE INV. ASSOC. ) ~lerk read letter dated 1~ March 1975 frcm Rom~ld THompson, Attorney reppesentinK James Skirving; requested hea~in~, be postponed for a one-month period. City Clerk stated be has discussed this request with Attorney Philip Best, representing the KitsaD Lake ~nvi~orm%ental Association, who has contacted Mr. Th~,pson. It is reeor~nended that the he~ing date be scheduled May 7 1975, at 5:00 p.m., which has beem agreed to by both attorneys. Mr. Mor~issey, P~esident of the Kitsap Lake Envir~rmental Association has agreed to a date ohang, e. Motion by Mayor Ja~stad and Con~nissioner Stewart to accept rec~,~ndation and re-schedule the he-~n~ fl~om Ms/~eh 2S, 1975, to May 7, 1975~ at 5:00 p.m.~ oa/~ied unanimously. REQUEST FOR OUTSIDE UTILrrY AGREEMENT - HORTON NURSING~ HOMF Clerk read memo dated 12 Mal~ch 1975 from City Engineer to ~i%7 Council fozwa~dinK Application for Outside Utility Agreement for eonsideratlon, and giving information regamding the overloaded D~np station now serving this area which will be relieved by the proposed PineRoad Sanitary Sewer Inter~eptor Pro,eot fo~ which a funding application has been sutmitted; however, noted it is doubtful funds will be available Before 1977. Motion by C~',,,issioner $choneman and C~'~',t[ssioner Stewar~ to set this matter aside at this time. .o.o~sioner Schoneman stated it is his feeling that t~ City CDuld not accept this se~ge into the system at this time due to the overloaded Dump station and it should be reviewed when the System can handle it which is when the Pine Road Interceptor is conpleted. Motion carried unan- imously. L~frrER - DEPT. OF NAVY (JACKSON PARg HOSPITAL/WATER SEWER SERVICE) Clerk read letter dated 11 Ma~eh 1975 from Depaz.b,ent of Navy to City of B~emepton requesting City of Bremer~on furnish water and sanitary/ sewer service for the proposed hospital project at Jackson Park. Corn missioner Shconeman repor~ced that he will he meetin~ with Pnank Stanghellini of the Navy Dep~,bnent this afternoon in order to discuss what the Maw will be required to do for the updating of the system necessar~ to p~ovide these services. 197~ FINANCIAL REPORT Clerk read letter dated 18 Mar~h 1975 fI~m Budget Director to City Counoil, sulmlttinK 197~ Annual Report of the Financial T~ansactions of the City of Br~mer~on to be submitted to the Division of Municipal Co~po~atlons of the State of Washington; also, explained that financial accountin~ errors do exist due to or~anizatlon, personnel changes, and lack of knowledge of State CITY COUNCIL M~'rl~ - MARCH 19, 1975 (Cont.) laws on the BARS System. Lette~ fu~thep stated that some disoPepancies ~epo~ted fop 1972 and 1973 continue in the 1974 finanelal t~ansactlons and positive steps have been taken to cu~.z,eet all the ~epo~ted di~pancies and the City AuditoP has taken, and is taking vigorous action to ensuPe Ac~ountin~ Depa~.h,~nt cempllanee with ~hin~ton State r~les and ~gulatlons. In conclusion, the letteP stated that it is b_is (Budget Dir~etoP) belief that the Annual RepoPt, as p~epa~ed, fairly ~eflects the financial ope~atlons and status of Bz~e~ton fop 1974 and Council permission is ~equested to forward it to the Division of Municipal Corporations. Discussion followed and ' ' C~, ,~sslone~ Stewart commented that it would not be feasible fop the City to correct the ~ums in the subsidiary ledgePs to the act,~l fund halanees; howeveP~ a eove~ letteP will be sent along, with the ~epor~c explalnlr~ the emr~ps and eor~ee tlve measures to he taken. It was pointed out by Budget Dir~ctom Burns, who was DPesent at the meting duPinK th~s tlme~ that the City exceeded the projected income by a me~e figul-e of one-half of one pe~ent. Motion bvCu,,,,~ssloneP Ste~er~ and MavoP Ja~stad to acoeut the Annual Financial Repor~ fop 1974, ~thoPize subnission to the State of WashinKton Division of Munielpal CoPpo~ations. Co~Tnissione~ S~bon~man e~,~nded the Budget Di~eeto~ fop a Pema~kable estimate of expenditm-es that one-half of one pePcent seems to indicate an excellent est~3m~te. Motion ear,led unanimously. REPORTS - COMNISSIONER STEWART: 1. Citv AuditoP has advised that ~evenue is c~mlng in about as expected so fa~ th~s yea~. 2. RepoPted on Pal"kinK Garage 0pePations fop February which indicated a net loss of 3. Repo~ted on Tpansit OpePations fop February; that ~venue is down~ expenses a~e up. Stated additional household tax money will soon he available; howeveP, this still won't coveP losses, and steps should be taken to cut costs. REPORTS - COP~ISSIONER SCHON~NAN: 1. City En~ineeP Pankep, WateP ~uDt. 5hlleP, and WastewateP Supv. He~,~nnn and himself will he meeting with Freunk Stan~hellini of the ~aw this aftePnoon to discuss wateP and seweP service Pequested fop p~posed Jackson PaPk ~ospital and housing unit eonstl-uet~on. 2. BuildinK DeDaz.bi~nt ~epor~c ~eflected per,its ~ssued fop a total valuation of ~30~8~6.00. 3. Cased Lake is within 1 foot of dam elevation oP 30 million gallons fr~ml the top. If Pain continues, anticipate ove_Pflow bv the end of the ~ek. 4. Have been served Subponea to apDea~ in SupaPioP C~)urdc ~eKaL~ding HolgePson Case on the matte~ of mobile home lot ownerships. 5. Had an oDDor~unitv to meet new State FishePies DiPectoP Donald Moos who has indicated he is hi~hlv interested in a fi,~h-Pea~in~ program at P~Pst CPeek. 6. State Highwav DeDa~tme. nt has referTed a petition to the City r~gar~in~ dPainage problem on Wheaton Way heal~ S"nePidan Road; that this ~s within the State's JuPisdiction heeause they a~e ~esDonsible fop Davln~ and dPaina~e DroSlem~ from eu~b to eumb. REPORTS - ASST. CITY ATTORNEY: 1. Asst. City Attorney Sexton~ CHief of Poliee~ and Municipal PDur~ Co~nissloneP Jandzinski, responded to a letteP wpitten by CcmTnissioneP STewar~c to the Attorney's Office ~egal-din~ a system of measurement showing successful convictions on ~sts and couPt cases. REPORTS - fl. ITV CLERK: 1. Reported he has ~eceived Sub, once to appeal~ in SupemioP Cour~c on the Hol~e/.son CAse. REPORTS - HAYOR: 1. B~eakfast end presentation of eP~me was held with West Bx~me~ton Merchants. Police ~epa~.b~ent representatives ~ave preventative measures which should be taken to p~event bur~laPies slDplifting~ etc. ~ and some of the D~0blems involved. Next meetin~ will be held fop the Downtown me~chants. ~. This afternoon oP tomoP~ow mo~ninK will have a dollaP fiKu~e rega%"dlng application fop 701 Planning Funds. ~LIC RECOGNITION Eddie Adams repor~ced on his aDDoin~nent to the LibPar~ ~ and advised that the ReKional FBI Di~ectcre would be_ at the Lions Club HeetinK. Chief Schlle will he MT. Adams' ~uest. ~eetinK Recessed 10:30. Called to OPdeP 10:40. CITY COUNCIL MEE'I'I~ - MARCH 19, 1975 '(Cont. ) Clerk reported that Bill Barrett of Conifer Company has requested hearing scheduled today be continued until April 30, 1975. Clerk advised that he contacted Dou~ Booth, spokes~aan for residents in the area, and Mm. Booth advised the people involved. Clerk reeo, mended hearin~ be scheduled April 30, 1975, at 10:30 a,m., as requested. Motion bv Mayor Jarstad and C~m~nissioner Stewart to oontinue heaping to A~ril 30, 1975 at 1-~a.m., as recommended, carried unanimously. ' HEARING - RONALD ROSS (WHEATON/31ST) Motion by Mayor Jarstad and Co~nisSioner Schoneman to hold the heaping, car~ied unanimously. Clerk reported that hearing notice was Dubllshed in the offieial newspaper, letters of notification were mailed to those persons within 250 feet of the propel~ty, and the property and public plases ware. Posted: all at the DDoper time according to the law. Clerk read Planning C~,,~,~sslon Resolution No. 290 Pee~,~,~endin~ approval of the rezone from R-1 to B-1 with the following oonditions: 1. The site shall be used for an insurance office, 2. The site shall be landscaped ina manner compatible with a Residential-One area. Clerk read City of Bremerton Rnvi~onmental Assessment $ Staff Review stating a detailed EIS is not required because proposal will not have a signlfieant adverse impact u~on the envlrorment. Motion by Czmmissioner Stewart and Mayor Japstad to accept the Envimonmental Assessment, carried dnanimouslv. Clerk read excerpt of PlanninK Commission Minutes dated February 19, 1975, at which t/me a motion was passed to reco.~mnd approval with conditions as listed above. Clerk read letter date 1~ March 1975 from Rosalind Veazie statinK that she is owner of land abutting, the west of the propel.tv pz~Dosed for rezone in favor of the rezone. Clerk read letter dated llth of March 1975 from Orville Walker in favor of the rezone. C/erk read DeDartm~nt Review from the Engineering Depa~'.b,~nt, Building~ Department, Police Traffic, Vise De~'./ment, none of wh/eh had any objections to the rezonlng. Clerk read letter of petition dated 15 February 1975 oDposin~ the rezone, which was s~ned bv 16 persons. George Plescher, City Planner~ showed location of the DroDertV (North~st corner of Wheaton Way and 31st STreet) and cu,,~nted that it is surrounded bv R-1 area and across from Fast High School; also, commented that Plannin~ DeDa~,b.ent feels the DroDosal with eond~tlons and landscaping will be co~Dativle with the area. M~. Plescher stated that the property has been used for a ~as station which was placed prior to the Property coming into the City 1/nt~ts and the. operation continued through non-c~nformln~ use Derml~. · oo~miss~oner Schon~m~n asked if the DmoDertv could be used for an insu-~ance buildlnz without mezoninK to B-l, and instead changing the non-conforming use Del-mit. O~arv Sexton, A~st. City Attorney, stated the only use that could be allowed on the non-conform/n~ use permit ~uld be the original use as a gas station. ~OPONENTS Ronald 9oss, Representing Mr. ~ Mrs. Elmer KinK, stated he did not feel the property should be restricted to an insurance offiee~ that this is too restrictive, and it could be used fop other uses such as Dental Office, Medical Office, etc., without being detr/mental to the area; also, co~nented he did not feel the Environmental ASsessment should have been based strictly on an insurance building. Mm. Ross stated the reQuestis for rezonlng to a Business-One which is the most restrictive business zone, and he didn't feel any of the uses under B-1 would be detrimental to the area. Mr. 9oss stated he felt M~. Field Rvan of the Planning CDmmission should have excluded himself f~om the Plannin~ Co, ss[on Hearing held on his aDDllcat~on; that this is a Possible conflict of interest because he is the business manaler of the School Distrlet and is involved in property purchases for the school. Noted that East High School is within 250 feet of the proDer~v proposed for re?~ne. Asst. Citv Attorney Sexton .asked Mr. Ross if he ~anted the matter to ~o back to the Planning C~isslon, excluding Mr. Ryan from the hearinz; that this would be proper due to a possible Conflict of Interest. Mr. Sexton stated that if Mr. Ross didn't want his application to go back to the Planning Co~nission, he could waive his right to require same. Mr. Ross stated he would not waive his might, and would ~nt the ~natter to go back to the Planning Commission, and would also want a new Environmental Assessment prepared which w~uld not mention insurance office use, and would be based on B-1 uses. CITY COUNCIL MA~I'ING~= - MARCH 19, 1975 (Cont.) C~o~Ke Plescher, City Planner, stated he did not object to this matter bein~ Pefer~ed hack to the Plannin~ Oom~ission; however, he didn't feel the Envir~rmental Assessment should be r~vised by Coundil motion. Mrs. Brownhill, 1109 Dibb, stated she did not object to an insurance office on the p~oper~ty; however, did object to PezoninK the proper[v to business; also, sub~titted letter from M~. g Mrs. Wa~eham in opposition to the r~zone whloh they felt would be "spot" ipezoninK in a residential a~ea. ~.t~s. Loren Jones, 1107 Dibb, stated she did not object to the ~ezone as lon~ as the Building is not an "eve sore" to the a~ea; that it ~uld be an ~mp~ovement over the gas station which is vacant much of the time. (letter was placed in file fr~m Cascade Evergreen, Inc., in favor of the rezone) Mm. David Wameh~n, 1111 Dibb, spoke strongly a~alnst the ~ezone due to the fact he felt it indicated spot zoning. Stated he~ does not object to the insurance office or even some other similar use; however, objects to the rezoning of the p;-oper~ to business. C~,,,tissioner Stewal~t stated be felt sc~nethlnK could be worked out to allow the rezone to B-1 with restrictions. Stated the proper~v Owners should state what uses they would not object to havin~ on the proper~ty. Asst. City Attoreey Sexton ~ead the uses under B-1 zones which included ar!¥ Residential zone use, retail shops and stores serving residential al-ca; also, allowed ~as stations and cafes with Planning Cc~mnission approval. Ronald Ross stated be did not want the matter sent hack to the Planning Depa~,b,~nt if something can be ~rked out; that he now wished to waive the right to send the aDpllcation hack, and withdraw his objection to M~. Ryan's presence at the heaping. Mavor Ja~stad suggested the rezor~ be approved and l~mited to the use of professional buildings. Motion by Mayor Ja~stad and Cu~,~tisslone_P Schone~&n to rezone the pmoDer~v fr~m Residential-One ~iness-One, restricting the use of the proper~cy for pPofesslonal buildings. M~s. Lewis, 1112 E. 31st stated she soes not want ea~s pa~king right up to her prope~tF line on East 31st Street. Mm. Sexton advised that there a~e sethack requirements which will be met. Meetin~ Recessed 12:10. Called to Order 12:15 p.m. }~ARING - MASSAGE PARLOR LICENSE - CORA MAE PHILBRICK (CRYSTAL STEAMBATH) Citv Clerk gave hackK~uund on this matter, and stated that Ms. Philbrick was notified of the bea~inM date scheduled by registe_Ped mail. Captain Br~wn and Policewoman Head of the Br~me~ton Police cepak~b,~nt gave reasons for the reco~raendation to denv this license which included three arrests. Pollce~an Head Mare details of their investigation which included circumstances in the arrests; also, that it appeared as though Masseuses-were working in the Massage Parlor without proper licenses duping one of their investigations as well as Ms. Philbriek appeal-inK to be workin~ in the Massage Pa~loP without a Masseuse License. Mrs. Head stated that two of the Masseuses which were originallv ~orkinK in the Massage Pa~lor have arrest records. George Dixon, Attorney representing Coma Mae Philbrlck (Tacoma), stated that Ms. Philbmick was not convicted on any of the artist char~es; that two did not even go to Cou~t. Stated that Ms. PhilbPick denied the allegations made by the Police cepax~.bnent which he felt was Mr. Dixon pOinted out that M~. Ron Scott, Insurance Und~ite~, was in the audience to suppor~ Ms. Philbrick's moral character. Mavor Japstad asked Mr. Dixon if he a~eed that arrests on lewdness and Drestltutlon had very few convictions. Mi% Dixon agreed that convlc~ons a~e very difficult in this a~ea; however, he felt his client is innocent until proven guilty. M~. Dixon stated one al-r~st involving the_ under~ovem agent would indicate to him that a conviction could have ~esulted if the allegations were t~ue. May~r Jarstad stated tha~ it would ~ndicate]to him ~hat a conviction was not made due to procedural error in the arTest. Asst. City Attorney Sexton stated that cfr~umstances of the thr~e arrests and the other facts brought out do indicate poor modal character of the applicant and tbev ee~talnlv would not represent good moral character; that Ms. PhilbPick has a history/ of arrests and p~oblems, and it should be noted that this is fo~ an owner-{nanager lieense~ not Just a masseuse license. Cora Mae Philb~ick came forward, and City Clerk put her under oath to tell nothing but the tr~th. Mm. Dixon stated he talked to his client r~Marding the penalty of Der~ur~. Ms. Philbrick, under oath, stated she d~nied the allegations of the Police Depax-.b~nt. Cu,,nisslonem Stewar~ stated he did not feel the City had enough evidence to prove Ms. Philbriek's guilt; that he is not convinced of her innocence; however, is not convinced of he~ ~uilt, and will not deny her a license until he has mo~e evidence. CITY COUNCIL M~I'I~G - MARCH 19, 1975 (Cont.) Motion bv Cu~,~ssioner Sehoneman and Mayor Ja~stad to deny the license. Died. Mr. Dixon stated he didn't have an opportunity to investigate the charges made bv the Police DepaL.b~ent, and he requested a possible continuance if he feels he can present additional information which may ~everse the Council's decision. Asst. Citv Attorney Sexton stated the request is prope~. Motion bv Mayor Ja~stad and Co,mtissioner Schoneman that the rotation be held in abeyance until next Council Meeting to give wa-. Dixon and Mm. Sexton an oppol~cunity to decide whether the hea~inF, should be continued at that time; carried unan~usly. Meeting Recessed 1:15 p.m. Called to O~der 2:15 p.m. CON. THFATRE ARC~iITEC~JRAL AGREtMENT Asst. City Attorney Sexton stated he reviewed the p~oposed Agreement and inserted was the_ statement that the architect ~ould be willing to immediately proceed with this project, and to have their fee held in abeyance until a funding soul-ce for the fees a~e developed and if these funds a~e not developed, the ar~hltect would agree to not hold the City of Br~nerton responsible for Payment. Motion by Mayor Jal~tad and C~h~issioner ,~hon~,~3n to accept the Ar~hlteetu~al Coni-~aet with ~----~lliam Fraser, A.I.A., subject to the Changes as recu~,~mnded by Mr. Sexton; ca~ied unanimousl, OF~-~ OF AWARD - EMgIN~ING LOAN Clerk read memo dated 19 March 1975 from Grants Admlnistpator to City Clerk sutmitting Offer of Award and proposed A~ceptance Ag~e~,~l~ for funding in amount of $28,000 fop Pmeconsi-~uctlon En~.ineering costs of Municipal and Indusi-~ial Water Supply Facilities. Motion by Mayor Ja~stad and Cc~missioner Sehoneman to refer to Commissioner Schone~man and City tt~ev's Office for r%~2onm~ndation next Council Meeting, ~ied unanimously. ~fRCHASE OF ~3RS-l'k~ - PUD Clerk advised that City must suh~tit a bid for the burster along with check in amount of bid which would be returned if bid is not accepted. Motion bv Mavor Jarstad and C~,issioner Shconem~ln to authorize a wer~ant to be sent in amount o~,263.60; carried unanJ3nou~ls;. PINE ROAD INT~CEPTOR REVIEW APPLICATION Clerk read memo dated 13 P~h 1975 f~om City Engineer to Citv Council r~questin~ MaVO~ be authorized to signthe pre-application forms for Federal and State Funding of the Pine Road Interceptor. Motion by Mayor Jarstad and Cc~missioner Shcon~nan to authorize the Mayo~ to siKne the pre-application for~s, carried unanimously. VFRG~:LM ~.ST TO MRC~SE CITY PROPERTY Clerk advised that Cu~,,,~ssioner Sehoneman has rec~m,~nded the City 1-etain pi-~Derd~ located at the intersection of Sixth St. and Adele Avenue for a possible futur~ highway turn movement lane. Motion bv Co, missioner S~honeman and Mayor Ja~stad to deny M~. Vergeer's Request~ car~ied unanimously. LETTER - ROSS ANNEXATION DELAY Clerk read letter dated 12 Ma~ 1975 fr~m Ronald R. Ross to City Planning De~a~.bnent stating he prefers to delay the annexation of his Dropel~tv along Wheaton Way across from K-Mar~ because of so many legal implications, and that he will cooperate in every way Possible to have 'the p~opePtw annexed when it is in best mutual interest. ' HOLLY RIDGE ~3S Clerk read letter dated 10 Ma~ch 1975 from Holly Ridge Center, Inc., to City Conmtissloners advising they ape applying for a bas through the Washington State Office of Con~unitv Develo~ment¥ and they need a City certification that the public t~ansit authority cannot provide the se~viee needed by mentally and physically handicapped students within the next two yea~s. Con~nls~ionem Stewart stated he saw no ~onflic~ with the City's operation, and a certification should be sent. Clerk presented prepared ce~tificatlon to be mailed. Motion by Co,~issloner Stewart and C~missloner Sehoneman to send the Cel~tification and support Holly Ridge application for a bus, carried unanimously. 5L'I' HFARIb~3~ DATE - }~D FUNDS Clerk advised that he had been requested by Puget Sound Gove~h,~ntal Confemence to set heaping, dates fop the h~) Fund Applications; that these hea~in~s ape r~klui~ by the fundlng~ agency; also, stated he advertised the hea~inK, s fop Ma~ch 26, 1975, at 7:00 p.m., and April 2, lg75, at 11:00 a.m., Clerk requested Council oonfi~m the dates scheduled and the Adverwcisementsplaced in the official newspaper. Motion by Mayor Ja~stad and Conmlissioner Schoneman to confi~-m the hea~ing dates and ad---~isemen~s, carried unanimously. CITY COUNCIL ~LELTI~q - MARCH 19, 1975 (Cont.) ORDINANCE NO. 3214 - VARIANCE PRO~ Clerk read, second reading,, An Ordinance amending Ordinance No, 1792 by addition of new Section No. 1308; providing for Administrative Variances fl~w~ the requirements of Ordinance No. 1792, in RESIDENTIAL~ONE and Riq, SIDENTIAL-'U,43 DIb"rRICTS; appoi~tlng an Admlnlst~ator; and affirming= the might to an appeal. Motion bv Mavo~ Jarstad and Co~missioner Stewal-t to pass Omdinance No. 3214 carried as follows: Mayor ~arstad, yes; Cu~,lssione~ Stewart, yes; Co~missioner Schoneman, yes. BILLS ~ by Commissioner Stewart and Mayor Jarstad to give a blanket approval of VouchePs 5350 through 5427 in m~ount of $38,651.57; carried unanimously. ?01 FUNDINg= APPLICATION - MAYOR'S REPORT City application for $80,000 in funds over tow-year period is bein~ reviewed; have been informed that ~60,000 will be available this ccminF, yea~. MLn'i'ING ADJOURNED 2:30 P.M. APPROVED: C='.C. ~N, SR., ' ' CITY CL~K TP: LK PR: LK/B~