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HomeMy WebLinkAbout05/07/75 TAPE #57 "B" ~ #58 "A" CITY CO3NCIL MELTING MAY 7, 1975 The regular meeting of the City Council of the City of B~emerton, Washington, was held in the Council Changers of City Hall at 9:00 a.m., PDST, Wednesday, May 7, 1975. Attending were: May~m Jarstad, presiding; Cc~mnissioneP Stewar~ Cc~mlssionez~ Schoneman, City Clez~k Yeadon, Asst. City Attorney Sexton and Pinckney, and repl"esentatives of the press and radio. Meeting opened ~rith the Pledge of Allegiance and Invocation by Pastor Dow of Sylvan Way Baptist Church. MINUTES ~-~ of May 7, 1975, were appmoved as ~ded. SEPARATION Donald Holtine, Fire Chief, Retirem~_nt, May 30, 1975. Maser Jarstad spoke on behalf of blr. Holtine, and ecm3nented that he left an outstanding aceu~,glish- ment with the City which was the new fire equipment for which he pmepamed specifications. Motion by Mayor Jarstad and Commissioner Schon~aan to approve the separation, carried unanimously. ~MPLOYMENTS Alyce AbP~s, Office Assistant I, Municipal Coul~t, 8594, May 1, 1975. Beverly Mussem, Extra Help, Cutup,. Public Works, 82.47 hr., May 1 g 2, 1975. Motion by Cu,,~issioneP Stewamt and Mayor Jai~stad to approve the employments, carried unanimously. CHANGE IN PAY STATUS Ged Honsowetz, Sergeant, Police Dept., Longevity Increase, 810.B9 to 821.38, 4/20. Motion by Mayor Jarstad and Cca~nissioner Stewart to approve the Changes in Pay Status, carried unanimously. APPLICATION FOR MUSIC PtAJ2HINE Clerk presented Application fop Music Machine from Legion Post 968 fop approval of the Council. Motion by Co~nissioner Stewart and C<~,i~ssioner Schoneman to approve the application, camried unanimously. BID AWARD - VACUUM Clerk advised it is ~eoJm,~endation of c~,~ittee that bid be awarded to Packer~Scott Compay, low bidder, who met all specifications. Motion by Cum~ssioneP Stewart and Co~missioner Schona~n to award bid as reoo~mended~ carmied unanimously. CALL FOR BIDS - ASPHALT CONTRACT CALL FOR BIDS - ASPHALT CONTRACT Clerk read meJn0 dated 5 May 1975 frown City EnglneeP to City Council r~esting authorization to call for bids fop furnishing the City with Asphalt Materials fo~ the period 1 July 1975 through 30 June 197~. ['~tion by Commissioner Schoneman and Ccm~nissioner Stewar~ to authorize bid call, caz~pied unanJfnously. SIGNATURE AU/~HORIZATION - RAINIEK BANK Clerk presented Signatul~e Authorization Cal~d on ACcount at Rainier Bank for Paula Lohning, Richa~ Gcodpasture, Rober~c Stewar~. Motion by Co~missioner Schon~nan and Cc~missioner Stewar~ to approve the signature card, carried unanimously. ACCEPTANCE OF FRANCHISE - OLYMPIC TV CABLE Clerk advised that O15~nPic TV Cable franchise agre~aent was signed by Mm. Twiner of that Company. Motion by Commissioner Stewart and Cc~ssione~ $chonem~n to approve this acceptance, carmied unanimously. DEEDS- SUNSET FUND (K-MART) Two deeds ~re presented gl~anted by the Sunset Fund and signed by Hank Gordon, }~esident of the corporation (Quit Claim Deeds). Mr. Gordon was present at the meeting, and advised that his is the only signatuDe required for the eor~ration based on a Resolution they ave recorded with the County Auditor. Motion by Mayor Jarstad and O~n~nissioner Sehoneman to accept the deeds, refer to Attorney's Office o~ checking as to form, and to City Clerk for recording. It was noted that one of the deeds had to be recorded pmior to ~ :00 p.m. this afternoon. Motion eaz-~ied unan~3nously. COUNCIL MINUTES - MAY 7, 1975 - CONTINUED l'rrbE REPORTS - WHEATON WAY FItTH LANIN~ Clerk mead memo dated 6 May 1975 from City Engineer to City Council requesting, permission to ordem Title Reports for those propemties along Wheaton Way which desire to denate the six-foot of right- of way for street purposes prior to approval of the Right-of-Way Plan by the Federal Highway Authorities. Motion by Mayor Jarstad and Co~missioner Schoneman to follow recu~,~Lendation of City Engineer and aut-~ize Title Reports. Clerk sta%ed~is would be paid out of ArTerial Street Fund according to Budget Director. Motion carried unanimously. KITSAP LAKE CLOSURE - ARMED FORCES DAY ACTIVITIES Clerk read letter dated 3 May 1975 from Chamber of C~,,eree Armed Forces Day Observance Chairman to Mayor Jarstad advising there will be a parachute drop exhibition and boat Paces at Kitsap Lake beginning noon §unday, May 18th, and requesting Council approval for closure of the lake to enable these activities. Motion by Mayor Japstad and Cc~missioner Schoneman to gr~nt the ~equest and allow the activities, carried unanimously. SEPA PROPOSED G~IDELINES Clerk presented SErA Seoond Draft Proposed Buidelines. Co~missioner $chone~n directed the mattem refer%~ed to Engineering and Planning Departments. SCHtIYLER ANNEXATION - T~ PERCENT PETITION Clerk Read memo dated May 6, 1975 from Planning DeparTment to City Council reeu~,~Lending Council acknowledKe receipt of the Notice of Intent to Annex and set date for meeting with petitionems. Motion by Mayor Jarstad and Ce~nissioner Stewart to accept ten percent petition and concur with reeonmendation of Planning De~.b.ent to acknowledge ~eeeipt and set a metting as soon as possible, carried unanimously. CREST INVESTORS INTENT TO ANNEX - M~'I'ING DATE Clerk advised that meeting has been set May 21, 1975, and notice was published in newspaper and letters were m~{]ed. BROWNSVI[J,E LEASE - BULLARD Clerk advised Brownsville Well Lease AKreement to Robert J. Bullard will be expiring May 20, 1975, and a renewal should be prepared. Motion by C~,~issioner Schoneman and Commissioner Stewart to authorize renewal of the lease, and ~-~ct the Atto~ey's Office to prepare the proper doeument~ carried unanimously. ~LEY LID - PRELIMINARY ASSES~ ROLL Clerk read memo dated 2 May 1975 f~cm City Engineer to Council sulmitting preliminar~ assessment roll for proposed Alley LID f~om 12th to 13th between Elizabeth and Warren; also, submitted of pro, oct oosts~ land and improvement values and back taxes; Since cost of project is?less than value of land and ~mprovements, LID can legally for fo~med. qotion by Co~nissioner Schon~nan and ~4ayor Jarstad to accept the preliminary assessment roll, and ~-'-~t Clerk to read Resolution setting hea~ing date; ear,ted una~inously. RESOLUTION NO. 16~5 Clerk read Resolution setting heaping date on proposed Alley LID fr~m 12th to lSth between Elizabeth and War~en~ for June ~, 1975~ 10:00 a.m. ~iotion by Mayor Jarstad and Cu,,,~issioner Stewart to adopt Resolution No. 16~5~ earTied as follows: qayor Japstad, yes; C~,~[ssioner Stewar~, yes; C~,.issioner Schoneman, yes. ANNUAL PROBATION REPORT Clerk advised that report is on file in the City Clerk's Office for review. LLT£ER - SIDEWALKSYCURBS DESIGNED FOR HANDICAPPED Clerk read letter dated 3 May 1975 f~om Sally McQuown to Mawr Japstad requesting that intersection curbs and sidewalks he improved so it will be easier for the handicapped. Cu~,,~ssioner Sehoneman noted future funded pro~ects will mandate this type of curbinK. Mayor Japstad stated he has answered this letter. PAY B~ ~ C~,,,issioner Stewart and Mayor Jerstad to give a blanket approval of Vouchers 6001 through 60~ ~ount of $33~51.06 as audited by John Poss, carried unanimously. REPORTS - fDP~IS$IONER STEWART 1. Reported on Investment CuL,,.~ttee Meeting, and the need to liquidate bonds of the Br~me~ton D~ployees' Retirement Fund in o~der to have cash available to keep frcm having deficits in that fund, which has been criticized by the State Examiner. Stated the bonds will b~ing in approximately 65 precent of amDunt paid for them; however, do not cPitioize initial investment because the inflationary faetor oould not be anticipated. After ful'ther diseussion~ the following motion was made. Will be recu~,.ending bond liquidation to the Fi~e Pension Board also. ;.lotion by Cu~,~ssior~r Stewar~ and Mayo~ Jerstad to get out of a defioit position and get liquidity by selling ~ployees' Retirement Fund bonds to ~aise about 150 thousand dollers; carried urmnlmously. DISCUSSION - fD~UNITY THFA'ri~ FACILITY/ARCHrrECTURAL SERVICES (DNTRACT C~missioner Stewart gave gackg~ound of problsms with ~t erehitect and reasons for his suggestion to eliminate the cuPr~nt contract and get a new a~chitect. Discussion was held~ and the followir~, motion was made. COUNCIL MINUTES - MAY 7~ 1975 - CONTINUED Motion by Conmissioner Stewart and Conmissioner Schonem~n to secure a new architect and eliminate the current ar~J~itect subject to approval of the City Attorney's Office. (Question not called on this motion/DIED) Asst. City Attorney Sexton suggested this could only be done with concurrence of the current architect, and a resolution should be adopted with his signature, as well as the City signatures. Commissioner Stewart proposed the following resolution: Whereas, the present architect has stated he will not provide additional work unless he is funded, and Whereas in the presence of the City Cc~ssioners and C~u,~unity Theater Building C~,,,Littee he has agreed to resign fl~0m the project, and Whereas the funding has not been forthcoming in a timely manner; Now, Therefore, BE IT RESOLVED, that the architect's services be terminated with his eoncurTenoe in w~itirg on this resolution. Mayor Jarstad stated he felt this action is prematuPe and legal cautions should be taken when federal funds are involved; also, stated he felt the Council should fipst consult with the p~oposed "new" a~chitect before terminating the p~esent contpact. Stated this will be a City-owned building, and the Council should be considering the entire oJ~,L~unity who will lose if funding is not obtained. Motion by Commissioner Stewart and Co~nissioner Schonaman to pass Resolution as proposed, carried as o1~: Mayor Japstad, no; Conrnissioner Stewar~, yes; (1Dmmissioner Schor~nan, yes. REPORTS - COMMISSIONtR 1. Repo~ted on well cleaning operation, and stated that he would like to retain Iry Moritz on a consultant basis after his retirement. 2. Repo~ted on Forestry and timber sales; so faro this yea~ brought in $~0,000; total for yea~ should be close to $1002000.00. 3. Reported that underground utility corrections a~e being made at Pine and Sheridan. ~. In o~der to eliminate Outside Utility Connections, feel amendment should be made to O~dinance 3147; Municipal Code 15.04.~90: being deleted. Motion by Cu,,,~issioner Sehoneman ~and Coxmissioner Stewart to delete this section of the or~linance. Joe Weigel, Health Dept., stated he felt the City was within its rights in deleting this section the O~dinance. ~otion ear~ied unanimously. REPORTS - ATTORNEY: 1. Mr. Section repo~ted the Beapd/Lassiter matter will be heard at the regula~ Planning Conm~ission Meeting. Commissioner Stewart stated he did receive a-other legal opinion which concurred with that of Mr. Section. 2. Suggest if Planning Department wishes to initiate rezones, they should provide legal descrip- tions on resolution form to be approved by City Council; that Council should approve rezone initiation by passing the resolution and then following through with nor~nal procedures. REPORTS - MAYOR 1. Gave Police and Fire Reports for the month of April. BID OPENINGS ~{otion by Mayor Ja~stad and Con]nissioner Schoneman to open bids as scheduled, carried unanimously. CF~i'~RY RIMOD~LIRq: IBruce , Check Enclosed ..................................................... $10,002.30. Construction Motion by Co~ssioner Stewart and of award, carried unanimously. Cu,,~issioner Schoneman to refer to cc~mittee for recc~rnendation IDIVING S~RVICES: 3. E. Collins, Kirkland, Cashier's Check ............................................... $2,400.00 Huplen Ma~ine Construction Company, Seattle, Cashier's Cheek ........................... Letter Hoekett, Seattle, Bid Bond ...................................................... $4,800.00 '~otion by Cu,,issioner Schoneman and Conmissioner Stewar~ to refer to cuL~ittee for reoa~,~mndation D--~a~d, carried unanimously. ~eeting Recessed 11:30 a.m. 2ity Council Meeting was called to O~dem 5:08 p.m., May 7, 1975, with the following p~esent: MayOl~ la~stad, presiding; Commissioner Scbonaman, City Clerk Yeadon, Deputy City Clerk Rotte~, Asst. City ~ttorney Jackson, and representatives of the press and radio. COUNCIL MINUTbS - MAY 7~ 1975 - CONTINUED REZONE HEARING - KITSAP LAKE ~V. ASSOC. (SKIRVING PROPERTY) Motion by Mayor Jarstad and Cu~,~Lissioner Schonema~ to hold hearing at this time, c~rmied unanimously. Mayor Jarstad explained that C~m~issioner Stewar~ has withclpa~n himself fr~m this matter due to possible ~onflict of Interest. Clerk read S~ Statement of Final Impact Statement. Mayor Jarstad asked for co~nents relating to EIS. Philip Best, Attorney for Kitsap Lake Envimonmental ;~ssociation, stated he would like the assurance that points brought out in Planning Cc~mission by the citizens were included in the Final EIS. George Plescher, City Planner, stated the items they wished to be included were included in the Final EIS. Motion by Mayor Jarstad and Conmissioner Schoneman that the Final Impact Statement as drafted by th P-~zng Department be accepted, carried unanimously. Clerk read Planning Commission Resolution No. 289 reec~mending Council approve rezone From Manu- facturing to Residential-One. Clerk read excerpt of Planning Commission Minutes dated 19 February 1975 at which time a motion was carried unanimously to recu,,end approval of the rezone from Manufacturing to R-1 and that a Conditional Use Pemit he g~anted for removal of the gmavel for the maximum allowable time under the ordinance, which was stated to be two years, with the understandin it will be renewable at that time upon application to the Co~nission. Clerk read the following Depal~b~ental Responses: City Engineer-Stated that there a~e no sanitary sewers to serve 40 acres of this property but they do appear in Ccmprehensive Plan and extensive development will require review of drainage system. Police T~affic Division-Stated this would he good for the area and will be no change in traffic. Water Depar. hnent-No Cu~,~ent. Fire Depa~.b,ent- No Ccmment. Building Department-Reec~nended Denial. Clerk Read Letter from Depamb,ent of Public Health stating they have no comments on the proposal. Clerk read letter frcm Robert L. Harris dated 11 April 1974 stating he does not object to contin- uance of the gravel extraction and feels the rezone should be approved back to R-1. Clerk read letter dated 17 March 1975 frcm Almeda Harris Wilson to City Council in favor of the rezone, and stating there is no objection to the gravel operation continuing under a Conditional Use Permit; that the property does not need to be zoned Manufacturing for the gravel operation. George Plescher, City Planner, gave background of request, and showed land uses in the area. PROPONENTS Bob ~rrissey, President of Kitsap Lake Knv. Assoc., spoke in favor of rezone back to R-1 stating the proposed industrial park at Kitsap County Airport would be better suited for manufacturing, not a prime residential area; that they would learn to live with the gravel extraction but do not want a m~mnufacturing zone. Bob Merhaut, 2039 Northlake Way, stated consideration should be given to preservation of wildlife and water quality and property should be zoned back to R-1. Cu,L~ented this is ideal Desidential and recreational proper~y. Ann Maloof, Rt. 1, Box 1740, stated property should he rezoned back to R-1 and then if Mr. Skirving wishes to conduct a manufacturing plant he could apply for a rezone at that time. Stated it has been zoned manufacturing for some time and has not been used according to that zone so there appears to be no need for this broad zone which gives the residents less protection. Mrs. Maloof also advised that there has been a great interest in developing a bi~d sanctuary in the Kitsap Lake area, and the lake is enjoyed by many young and retired people who find it the closest recreational area for fishing. Conmented the best use for the property is residential, and it should be rezoned accordingly. Mr. H. E. Burk, 6009 Harlow Dmiver~ explained that when the proper~cy was rezoned to Manufacturing the area residents were misinformed of the location and were unaware of what was happenin~; that if they would have known the area which was being zoned manufacturing ~ the rezo~m wo~ld have been strongly opposed by the citizens. Stated they do not wish to discontinue gravel extraction~ however ~uld like it to cintinue under a Conditional Use Pez~mit in a residential zone. Williem Seidel, 6505 Lake Drive, spoke in favor of the rezone, and stated the best use of this a~ea is residential. Stated manufacturing is a very b~oad and unpredictable use. Philip Best, Attormey representing Kitsap Lake Env. Assoc.~ gave backgl~ound of request, and urged the Council to concu~ with recu~,~ndation of the Plarming Cu~,~ission. (Meeting recessed 6:55 - Called to Order 7:00 p.m.) OPPONENTS (TAPE 58"A") James Skirving spoke in opposition to the rezone, and brought out the point that this would be the only manufacturing zone in the City and it is very needed: also, stated that this area would never be used for heavy industmy, just light manufacturing. COUNCIL MINUTES - MAY 7, 1975 - CONTINUED Local contractor, 6215 Kitsap Way, commented that M~. Skipving's propel~cy has the only gravel available in the immediate a~ea; also, stated they need his proper~y for.parking equi~ent. Stated that many contraetor~ in the construction industYy a~e in need of this space. DP. Tom For~, School Supt., stated the manufacturing zone is needed to balance the zoning within the City. Charles Warner, Chamber of Commerce Exee. Director, stated three Chamber Co~mtittees got together and responded to this matter, and they felt the g~avel extraction should continue and the zoning should remain manufacturing. Ron Thompson, Attorney r~ppesenting James Skirving, pointed out that the "M" zoning is for light manufacturing; also, read the n~erous uses not allowed under th~ p~esent zoning. Stated the surrounding residents do have protection through federal, state, and city environmental requirements which include published notifications and hea~ings. PROPONENT HarTiet Mitchell stated thaV are not protecting the g~avel operation; that they just do not want a manufacturing zone because it is not needed, and Mr. Skipving has proved this by not using this property as manufacturing during the past three years. Commissioner Schoneman stated he felt the zoning should remain manufacturing; tha~ he believes in a balance of zoning., and this is the only suitable manufacturing zone in the City. Conmented that people do not want to move out to the airport and give up the city facilities. Stated a Building Permit will not be issued if the use doesn't fit in well with the neighborhood, regardless of the zoning. Mayor Ja~stad stated he felt the property should be revemted hack to R-1 zoning as recc~nended by the Planning Co~nission; that this is prime recreational and residential property and the manu- facturinK use would be better suited to other locations, such as a~eas adjacent to carTown. bbtion by Mayor Japstad t° follow recon~nendation of the Planning Commission and revert the zoning back to Residential-One, allowing gravel extraation through a Conditional Use Permit. MOTION DIED FOR LACK OF SECOND. MEETING ADJOURNtD 8:07 P.M .... .,, ~-~ /'~f~ 'GL~ K. ~ARSTAD, APP: G. C. Y~DON, SR. ~ITY CLERK TP: EH PR: TAPE bP. 58 "B"