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HomeMy WebLinkAbout07/25/73 CITY COUNCIL MINUTES JULY 25, 1973 The regular meetinK of the City Council of the City of B~emer~on, Washington~ was held on Wednesday~ July 25, 1973, at 9:00 A. M. PDST, in the City Council Chamber~ with Mayor Ja~stad presiding. Also p~esent were Co~ssioner Clark, Con~tissioner Schoneman, City A~omey Walgreen, City Clerk Yeadon, and r~p~esentatives of press and ~adio. After the flag salute, the invocation was given by Rev. Jerome Brock, Pastor, First Presbyterian Church. MINUTES ~"l-~ad minutes of July 18, 1973, which were approved as amended. SEPARATIONS Y. James Howerton, Extze Labor, as of 7/16/73, Parks g Recreation David L. Collinson, Extra labor, as of 7/23/78~ Parks g Recreation Motion by Commissioner~ Cla~k and Schoneman to approve the Separations, carTied unanimously. NOTICES OF EMPLOYMENT Eugene J. Howamd, Operator Trainee, khstewater Dept., $3.75 par hour~ effective 7/23/73; certified qualified by examination by C. C. Southerland, Civil Service office. Motion bv Con~tissione~s Schoneman and Clark to approve the Employment, carried unanimously. CHANGE IN PAY STATUS John W. Mm~uy, from EEA to Civil Service eligible, Firefighter 2nd YeaI~, no change in pay; effect- ive 7/31/73 James F. Johnson, Provisional, Police Detective to Sergeant, $914.25 to $954.50 plus $5.00, effect- ive 8/1/73 Fred C. Johnson, Provisional, Sergeant to Captain, Police Dept., from $954.50 to $1,062.00 plus $20.00, effective 8/1/73 Motion bv Mavor Jar~tad and Co~?nissioner Cla~k to approve to chan~es in pay; under discussion: ~yor Ja~stad explained that the reason for the provisional appointments was due to challenge to the soor~ but that the outcome would not be changed materially as fal- as the top candidates are eon- cemed; that the two Johnsons were top on the old list and now have toppad the new list; that the Civil Service Con*mission is dealing with the evaluation report that was not filed by Captain Lively in his absence; also, that provisional appointments have been made in othe~ depa~.b~mnts previously. Motion carried unanimously. PAYROLL V0UC}~"R Clerk presented payroll voucher for period beginning July 2 and ending July 15, 1973, war~ant 18915 to 19302, $119,582.17; audited by Harold Fitzwater and approved by Con~nissioner Cla~k. Motion by ConmissioneP Clark and Cc~u~,~ssioner Schoneman to approve the voucher, carried unanimously. CLAIMS FOR DAMAGES 1. Cornelius A. Ross, Jr., filed 7/20/73, $148.77. 2. Genevieve I. Sereduck, 911 Meade, filed 7/23/73, $2,500.00 Clerk stated both claims have bean referred to the insurance company and Mr. Ress' claim has been refer~ed also to Coulee Consi-~uction Company. TAXICAB Dg/VER'S LICENSE Stephen W. Diekerson; approved by Assistant Chief Henry Motion by Con~nissioner Cla~k and Mayor Ja~stad to approve, carTied unanimously. SURPLUS TYPEWRITERS Clerk read mem~. dated July 20, 1973, from Max Ma~angi, APA, recommending that two Water Office typew~iter~ he declared surplus and placed in small stores for further disposition (Royal HHE 13 #5007917 and Underwood Sll ~5807878). Motion by Mayor Ja~stad and Commissioner Clark to declare the typewriters surplus and lTansfer to Smal-~-Stores a/c~ carried unanimously. SURPLUS SALE REPORT (Police Ca~s) Clerk repo~ted that were no bidders at the police ~ auction last Saturday and that possibly the minimum prices were set too high, explaining that the lTsde-in values were used as minimums. Clerk stated one car (#1420) was needed by the Engineering Dept. who were using a very old for~ner police sedan which is not too reliable fop out-of-town use and recorr~nended a l-pansfeP without charge from police to engineering, both general fund accounts. Motion by Conmissioner Schoneman and Mayor Ja~stad to approve transfer of ~lg20 police cap as recon~uended, carTied unanimously. Motion by Mayor Jarstad and Commissioner Schoneman that the City Clerk readver~ise and offer the vexes for sale on reduced minimums at his discretion from $50.00 to $100.00 less than formerly, carried unanimously. PROTEST - HADLOCK on Weslon Place (Junk) ~ matter was taken up first on June 6, 1973, then refe~z0ed to the Planner and the City Attorney for report. Clerk then read the report from the Planner and a lettem addressed to Howard E. Wilcox of Weslon Place from the City Attorney wa~ng him of possible violations to city codes. CITY COUNCIL M~L'I'ANG MINUTES - dI3LY 25, 1973, continued , Clerk presented application for street sale for downtown business area July 27 and 28, 1973, si~ned ; by Charles J. Warner of B~emerton Chamber of Co~,,,erce; approved by Chief Ed Schlie. I~tter attached! from Fulm~r Ins. Co. stating the Chamber has coverage by Aetna Co. Motion by Conntissioners Schoneman and Clark to approve the application. Discussion was held on probably hours of street sale; Mr. Clark outlined the use of the Municipal Garage funded to the Public by the downtown merchants during the sale days. Motion carried unanimously. APPLICATION - ALLI-OOP TAVEF~q (Dancing g Entertainment) Clerk presented application for transfer of dancing and entertainmmnt license to Phillip D. McKibbenl due to bona-fide sale of the tavern, approved by Asst. Chief Henry for patron dancing and live music only. Clerk read memorandum dated July 18, 1973~ to the Washington State Liquor Control Board from Mr. Philip D. MoKibben asking for the board's approval for a certain type of entertainment and physical chan~es in the tavern's layout. Clerk then read letter of July 23, 1973, signed by R. Wes ' }~nry, Asst. Chief of Police and a letter of July 11, 1973, signed by Captain Jack Kvistad. These letters related to the request of Mr. McKibben for particular activities of go-go girls and set forth certain restrictions they felt necessary. This matter of restrictions on the license was discussed at length by the City Council, Asst. Chief Henry, Captain Kvistad, Felix Leh~ of the local liquor board and Attorney James Roper for the applicant. It was finally determined that the action of the City Council should be to approve the license transfer and the regulations would be imposed by the liquor control board in conjunction with the police dept. Mr. Walg~en gave some legal interpretatior. also, that the Council either approves or denies the application. Mayor Jarstad brought out that no testimony had been ~iven that would deny him the approval of the transfer. Motion by Mayor Jarstad and Conmtissioner Clark to approve the transfer of the license. Under discus- sion: Mr. Clark stated what the man may plan to do or like to do would be in the future and would have to be treated in that light. Motion ca~.z.led unanimously. CHANGE ORDER N0. 1 (Kitsap Way 5th Lane) Cler~ presented change order for addition of $2~437.12 to the work done by the Street Depa~.b,ent. Request and justification for change ~s attached: Provide full development of the area, reduce driving hazards and extend the project 150 feet west for left turn, are the ma~or reasons. Recom- ,~nded by City Engineer and signed by Street Supt. Motion by Commissioners Schoneman and Clark to approve the change order. Under Discussion: Mr. ~man gave fur~cher explanation for the need of the additional work~ and the areas involved. Carried unanimously. 10:15 A. M. Open meeting time. Mr. Adams spoke about the proposed one mill which might be needed for a swimming pool and compared the cost TO that paid when crossing the for~m~r toll bridges. Mrs. Musser, who was present, complimented Commissioner Schoneman on the excellent water supply. Mr. Schoneman stated this was due to foresig~ht of his predecessors. HEARING - Proposed amendments to 7~ning Ordinance (Tape #1~82) ~ by Mayor Jarstad and Co,.,,.~ssioner Clark to hold the scheduled hearing, carried unanimously. Clerk stated the proposal to an~nd the zoning Ordinance (No. 179~) had been posted and advertised as required. No written conm~nications had been received. Changes had been approved by the Plan- ninK Commission. Clerk read Planning Conntission minutes of June 20, 1973, which explained the necessity for the proposed changes: Section 32, Chapter II, Title I, is a portion of the definition section of the Zoning Ordinance, which now disagrees with the amended portion of the ordinance per- raining, to procedures currently followed for giving notice of public hearing (Section 1102). The second reconmended change would remove from Section 1200 Appeals, those references to reClassific- ation (rezone) of property or change in district (zone) boundary lines. This, in effect would remove the requirement for the applicant or other interested partly to file with the Secretary of the Plan- ning Con*mission, an appeal from adverse rulings~ in rezone cases~ in order that they be heard by the City Council but would go automatically to the City Council after Planning Con~ssion hearing. C~orge Plescher went into detail on the proposal and stated the Timkath Rezone Case had brought about the need for amending the zoning ordinance. Also, stated it is not constitutional to deny an appeal to the City Council and that an appeal had previously been left up to applicant within ten days and the appeal is from an administrative decision and the legislative decision is up to the City Council. Brief discussion followed. Motion by Commissioners Clark and Schoneman to concur in the reconmended changes and the proper o~ce be drafted in order to incorporate both changes ~ cax~ied unanimously. LID-311, Schedule A (Phinney Bay) L~l~ad memo. from City Engineer to City Cot~lell dated July 2~ 1973~ ~ecommending the work of Coulee Construction Company be accepted as the improvement has been completed. Schedule B is held up for completion due to severe ground water conditions and is not expected to be finished until after the middle of September. Motion by Commissioner Schoneman and Mayor Jarstad to accept the recormnendation and accept the improvement as complete except the pump stations, carried unanimously. KITSAP WAY PORTION TO CITY EROM STATE Clerk read State Highwsy Conmission certification of a deletion of a portion of State Route No. 3, from Sixth and Callow westerly via Kitsap Way to the beginning of limited access control east of freeway crossing at Oyster Bay Interchange. Clerk read memo. dated July 2~, 1973, from James A. Roo~ Asst. City Engineer, which stated the certification has been reviewed and found to be essentially correct. A clearer description was set forth in the nm_mo, which would put the end of the portion near Weslon Place. Con~tissioner Schoneman discussed the reasons for the state stopping at Weslon CITY COUNCIL MF~TING MINUTES - JULY ~5, 1973, continued Place and retaining the porWcion going further west. Motion to accept the portion of SR 3, carried unanimously. BRI~RTON HOUSING AUTHORIRY L~TrgR Clerk read letter dated July 18, 1973, to the Cil7 Council f~,l P. R. Walker, Executive Director, HousinK Authmri~y, requesting the City to vacate a por~cion of both Searle St. and Grah~n Way. Motion by Conrnissioner Schoneman and Co, l,Jssioner Clark to refer to the Planning C~,,,gssion and ~ regular procedure, car~ed unanimously. REVENUE SHARING Clerk presented report of revenue sharing for period Jan. 1, 1972, to June 30, 1973, for signature of the Mayor. %his report must be published in legal newspaper. Clerk stated he had copies of the various ~uchers that make up the expenditures. Motion by Mayor Jarstad and Conmtissioner Clark to approve the report, carried unanimously. OUTSIDE UTILITY AGRE}I~NT - Ernest Kimball Clerk read report cna mend from City Engineer, dated July 24, 1973, giving a report on Mr. Kimball'. application for sewer service. Lengthy discussion held on the application for a sewer for the one family living in the l-ri-plex and the inability of the ~o~nd to take a septic system for three families should this many even~,mlly live there. Reported in the City Engineer's mamo that the owner has applied for a county zone change. Concensus finally was that since the area is going to have an annexation election soon it would be better to wait for a time. Mr. Schoneman called attention to the motion he made at last nmetlng to deny the connection and stated this proposed action was made because of overload to the sewage treatment plant and that the city is only respon- sible to handle city residents. Motion by Co~,~,{ssioner Clark and Mayor Jar~tad to set aside for determining the outcome of the el-~on. Under discussion: Mayor Jamstad stated the m~tter of the election should be resolved in about two months and then the dwelling may be in the city. Ca~ied unaninously. REZONE HEARING DATE - JACK L. BUSEK Clerk stated hearing date should be set and the file had been forwarded fr~ the Planning Secretary showing recommendation for rezone, R-1 to R-2, Marg~uerite g 17th St. Motion by Mayor JaPstad and Co~nissioner Clank to set the heal~ing for four weeks from today (August ~ 1973, at 10:00 A. M.) carmied unanimously. ST~.~uI' VACATION - R. L. B~]~DER ~i'erk stated the Planning Commission had reviewed the request of R. L. Bender at MaPlow, E. 13th g E. l~th a~ea, for vacation and reco~mnded denial. Motion by Mayor Ja~stad and Con~issioner Clark to set date of heaping on September 12~ 1973~ at I-~A. M., cal~cied unanimously. MUNICIPAL CODE BOOKS Clerk stated the City Attorney reco~nded selling code books for $~5.00 each. Clerk also stated an amount should be stipulated for yearly amendments and asked if public institutions, such as law libraries should be charged. Motion by C~,.~,{ssioner Clark and Mayor Japstad to approve selling at a cost of $35.00 per book~ ~u~--~f~ments each year $10.00~ and furnish public institutions free of cha~ge~ carried unanimously. ORDINANCE NO. 3080 - MENTOR REZ~ ; Mr. Walgren reported that Asst. City Attorney Sexton had informed him the or~linance should be read second time. Clerk read, second reading, "An Ordinance amending the use and area maps according to Ordinance No. 1792". Motion by Co~mlssioner Schoneman and Mayor Jaretad to pass the Ordinance, No. 3080, on second ~----~; ~der discussion: Mr. Walgren questioned the use of his name in the legal description. No solution found so the descz,iption remained. C~.~.ied as follows: Mayor Jarstad, Yes; Commissione Clark, Yes; C~,~,issioner Schoneman, Yes. BILLS: ~-~i-6n by Comnissioner Clark and Mayor Jarstad to approve on a blanket approval vouchers 74 ,~57 to ~ inclusive in the amount of $174,7,6.39. Carried unanimously. ' ~,~ioner Clark: 1. Sunday bus report for 33rd Sunday; ridership continuing to climb; had ~12 riders (60 cash and 152 pass). 2. 44 official signers in the beard contest. Still tim~ to enter. 3. Expressed soz.~uw and condolences of the passing of Hal Fischler, known by everyone as "Mr. Navy League". Co~missioner Schoneman: 1. Concurned with Mr. Clark's condolences and expressions ccncarning the passing of M~. Hal Fischle, ~. Read letter dated July 23, 1973, from C. C. Southerland, Seety. g Chief Examiner, Civil Service certifying that Mr. Edward R. Weller has passed the examination for Water Superintendent; also, since there were no other candidates the Civil Service Conmtission is certifying only the one r~ma. 3. Well drilling continuing at Gorst C~eek pump station area, have hit rock again, hopeful of breakinK through again in order to obtain additional water. 4. 5th lane on Kitsap Way convicted yesterday; will be marked out for i-raffia; then under the Police Dep~.b,~nt program will need to mark out a crosswalk; that Forest Avenue is proposed. Spoke of the source of the funds for the improvement - state and half-cent gas tax money. 5. Next pro~ect will be to begin the east side storm sewer improvement. 6. Hear~ on radio this morning concerning Herman Peterson, Bremerton's racing driver, that he is in need of financial help due ~o his hospitalization. This will be handled by Sam Fitz at the CITY COUNCIL MEt'lING MINUTES - JuLY 25, 1973, continued V.I.P. restaurant. City Attomey Walgreen: ' 1. On the obscenity ordinance, stated he has been analyzing from the reports that have come out and he hoped to have a final form next week. 2. C~mblinK ordinance - hope to have u~ifor~nity in regulations and fees aro~nd the county. Discus- sed possible fees with the co~ssioners. Mayor Jarstad: 1. Noted helicopter activity a~ound the hospital due to ;~Ly assistance in moving a two-vear old bev to Madi~an Hospital. 2. Motion to re-appoint Willa~d Anderson to the Housing Authority CoL,,,Jssion whose term is expirin~ ~ by Mayom Jarstad and C~,,missioner Clark to re-appoint Williard Anderson to the Housinl Auth~-~ty Con~nission, term expires in 1978, carbied u~animously. 3. Would like the City Council to be ready at an early date to appoint one member to the PlanninK Con~nission to take the place of LesteP Lewis. 4. Concurred in all c~,,,=nts regal-ding the passing of Hal Fischler. Stated that Hal Fisehler had been ver~/ pleased at the recent community function which honored him. Mayor Jarstad recessed the City Council meeting at 11:30 A. M. until 7:00 P. M. at which a public hearing is scheduled for the appeal on the conditional use pemmlt fop an asphalt plant in the Kitsap Lake area. / G. C. YEADON, SR.~ , CITY CLERK APPi~OVED: Typed By: TS Proofread By: PROOFREAD: KR $ TS Tape 1084 Tape No. 7 Side "A" MINUTES OF RECESSED CITY OOUNCIL M~;I'ING JULY 25, 1973 Recessed meeting of the City Council of the City of Brsmerton, Washington, was held on Wednesday, July 25, 1973, at 7:0~ P. M. in the City Council Chambers, with Mayor Jal~stad, presidinK. Also present were Con,missioner Clark, Commissioner Schoneman, City Clerk Yeadon and City Attorney Wal- m-eh. Also, representatives of press and ~adio and approximately 130 persons present in the audi- ence: also, court re~ort Arthur Talbot. Mayor Jarstad stated the purpose of the recessed meeting was to hold a public hearing on the appeal of a Planning Cormlission decision to issue a Conditional Use Permit for the use of James E. Skirvin gravel pit area for an asphalt plant fora the Kitsap Gravel g Asphalt Co. b~tion by Mayor Jarstad and Con~missioner Schonenmn to hold the hea~ing, carried unanimously. Mayor set out rules for conduct of the hearing. It is to be_ noted that the City Clerk had a tape recorder running and the proceedings were being taken by court reuorter Arthur Talbot. LE'rrER - Attorney Douglas R. }{~rtwieh (Exhibit No. 1) Cle-~read letter dated July 19, 1§72, from Attorney Hartwich asking fo~ a continuance of the hear- in~. Mayor Jarstad outlined the reasons this request was not to be honored - too late for official Council action. The commissioners had been contacted and no action could be taken. Motion by Mayor Jarstad and Commissioner Clamk that this action be concurTed by the members of the ~c--~ so the Council can proceed with the hearing this evening, carried unanimously. ~frrER - Attorney Philip M. Best. (Exhibit 2) Clerk read letter dated July 24, 1973, from Attorney Best written on behalf of the Kitsap Lake Environmental Assooiation, asking that Mr. Frsd Schoneman not be able to participate in the hearing Reasons ~iven were friendship to Mr. Skirving and a bias shown by Mr. Schoneman in discussing the matter on KBRO radio and speaking in favor of the DroDosed asphalt plant. Co~nissioner Clark spoke on behalf of the fairness of Con~nissioner Schoneman. Con~nissioner Schoneman played a tape of the CITY COUNCIL k~n~l'ING MINUTES (RECESSED) - JULY 25, 1973, continued radio broadcast portion which did not confirm M~. Best's oomplaint. M/,. Best had only hearsay testimony of the program. M~. Schoneman conm~nted on his long-time assooiation, since 19~S, with opponents of the plant with eo~unity leaders in opposition named 'Har~iett and Jack Mitchell. This in defense of his pu~ed friendship with M~. Ski~ving, showing he ~s not unduly influenced. Mayor Ja~stad also spoke of the fairness of the members of the City Council over mmny yea~s exper- ience with them. Motion by Mayor Jar~tad and Commissioner Clank that the letter has been read and has been accepted and testimony has been given and that the full Council hea~ this Question and the full Council make the decision on the matter. Under discussion: Attorney Best stated he had no further co~ment. Motion carried unanimously. Clerk stated he had posted notices, published the heaping and notified property owners of the heaP- ink tonight. F~IBI'15 - The following letter~ and dccuments were read and placed in the record ~ or were intro- ~d asked to be placed in the record without ~eadin~ in full. Numbers were assigned to each so they could be identified later. This w~s done by the City Clerk. EXHIBIT 3 - Planning Secretary letter dated July ?, 197~. ~ - Notice of Appeal signed by Robert M. Mor~issey. " 5 - Attorney Best letter requesting fop an evening meeting. " 6 - Affidavit of Posting g Mailing of Notices, by City Clerk. " 7 - Affidavit of Publication from Breme~ton Sun for Planning Dep~x.t~,mnt. " 8 - Minutes of Planning Commission May lS, 1973. " 9 - Minutes of Planning Con~nission June 20, 1973. " 10 - Conditional Use Permit, dated June 20 ~ 1973, of Planning Co~ssion. " 11 - ~nvironmental Impact Statement. " 17_ - DeDaPt.~ntal Review - City Engineer. " 13 - Depapt,,mnt Review - ~ateP Depar~fment. " 1~ - " " - Police T~affic. " 15 - " " - Fire Inspector. " 1~ -Dept. of Public Health letter - J. A. WeiKel si~ed, July 17, 1973. " 17 - Dept. of Social g Health Services, July 3, 1973. " 18 - Parks g Recreation Co~m., dated July 2, 1973~ signed by Charles E. Odegaa~d~ Director. " 19 - Parks g Recreation C~,,,,., dated June 22, 1973~ signed by Kenneth C. Caldwell. " ~0 - Office of Program Planning g Fiscal Management~ dated June 19~ 1973, signed by Nicholas D. Lewis. " ?1 - Dept. of Natural Resources, dated June 19, 1973, signed by Bel~t L. cole, Con, missioner. " 22 - Dept. of Fisheries, dated June 15, 1973~ signed by GilbeI, t A. Holland. " 23 - Dept. of F~ology, dated June 12~ 197~, signed by Peter R. Haskin. " P-q - Dept. of Game, dated June S, 1973, signed by Eugene S. Dziedzic. " ~5 - DeDt. of Natur~ Resources, dated May 22~ 1972~ signed by Re~t L. Cole, Co~missioner. " ?G - Office of Program Planning g Fiscal Management, dated May 7, 1973, signed by Nicholas D. Lewis. " 27 - Dept. of Ga~ signed by Eugene S. Dziedzic, dated May 8, 1973. " 28 - Puget Sold Air Pollution control Agency, dated May 20, 1973~ signed by Arnold E. B~annock. " 28-A CPim Engineering, letter dated July 7~ 1973, to laPr~ MorTison signed by James R. Atte- ~g - Crim FngineePin~ Noise Survey Report of June 19~ 1972. OPPOSITION L~ri~RS: (eta.) F~IBIT 30 - Raymond V. Paulson, dated 15, May, 1973. " 31 - Eleanor Van Elten, dated 12, May, 197~. " 3~ - Clyde R. Duke~ dated May lS, 1979. " 33 - HemherWc O. Ca~m~ dated June 20 ~ 197~. " 3U - Virginia Gatliff, dated July 11, 1973. " 35 - C. P. Tomar~s~ dated June 19~ 1973~ with attached copy of letter from Dept. of Fishel-- les dated June 15, 1973. " 3S - Mr. and M~s. 9~alt Dasho, dated July ~, 197~. " 37 - 0scar and Helen Hanber~, dated July 21, 1973. " 38 - R. V. Paulson, dated 21, July, 1972. " 39 - E. Fk%ank Kid~ick~ dated July 20, 1973. " ~0 - Eleanor Van Elten, dated 25, July, 197~. " ~1 - John F. Mitchell, Dated June ~0, 1973. " q2 - John F. Mitchell~ dated June 20, 1972. " ~3 - H. E. Bu~ks, MK~., Kitsap Lake Mobile Home Pa~k~ June 20~ 1973. " q~ - R. M. Mor~issey, President, Kitsap Environmental Assoeiatlon, dated June 90, 1973, with attached petitions. " U5 - Data by William C. B~udeP. " ~G - Data by William C. Bruder. " ~7 - Mrs. GeoPRe Lusk, dated July 23, 1973. " ~8 - Installation of Asphalt Plant for James E. Skirving. " q9 - Pictur~ of comer National g Kitsap Way. " 50 - Picture of site where now stands the Oyster Bay ShoppinK Center. " 51 - P~ofile Plan in Relation to K{tsap Lake. 5~ - Petitions. 53 - Cor~nents of John F. Mitchell, dated July 25, 1973. 5U - Film (slides) 55 - Memorandt~n from ~hilip M. Best, Attorney. 56 - Letter to the Editor, dated June gl, 197~, Mrs. Dianne B~uder. 57 - copy of letter to Fx~itor, B~emerTon Sun, undated, signed by HenPik W. Bockelie. CITY COUNCIL M~L'r±NG MINUTES (RECESSED) - JULY 25, 1973, continued E~[IBIT 58 - Letter, signed by Katheryn Ca~n, dated June 15, 1973. " 59 - I~tter, to FJitor, the Sun, dated June 27, 1973, si~ned by Alice N. Leach. " 60 - Letter dated June 15, 1973, sifted by Robert M. Mo~.£.issey, President, Kitsap Lake Environmental Assn. , Inc. " 61 - I~tter to Editor, dated July 5, 1973, signed Thomas G. Asbach. " 62 - Letter, copy to Editor, The Sun, dated July 15, 1973, signed by typewriter, James F. Svensson. " 63 - Letter dated July 10, 1973, Rhea Blatte. " 64 - Letter dated July 25, 1973, signed R. M. Morrissey, President~ Kitsap Lake Environmental Association. " 65 - Jones Ranch from C~tliff property, (Photo) " 66 - Skirving "Barricade (Photo.)" and other photographs of asphalt operation. " 67 - H. E. Bunks, letter, Manager, Kitsap Lake Mobile Home Park, ~ President Harlow-Burks, Inc., dated July 25, 1973. Mayor Jarstad asked the Planner to give presentation and Mr. Plescher showed slides. He stated there was one correction in the Environmental Impact Statement where it was stated the plant would he located approximately 500 feet from any property line; that as the work on the hearings progres- sed it was found that one of the boun~ry lines would be approximately 180 feet; the center of the site would be approximately 300 feet from any of the boundary lines. Mr. Plescher pointed out the sewer installation from a ~ewer map. On question from Mr. Clark, Mr. Pleseher gave the reason for the requirement of a conditional use permit when the property is already zoned "Manufacturing"; that at tim~ of adoption of the ordinance it was considered abrasive to have certain t~v~es of installations and each one should be considered on its own merits. PROPONENTS: Mr. James E. Skirving spoke in favor of the request; reminded that many past decisions were opposed; presented some pictures and documents; spoke of his quality of sand and gravel; that he is the only licensed operator in Bremerton area; submitted a picture where his shopping center is now located; had no complaints of the Ace Paving operation although in the city; spoke of growth and jobs needed. Mr. Schoneman Questioned Mr. Skirvlng about his plans for building 300 housing units at the site. He stated there was no objection to locating next to proposed housing development. Mr. Douglas Hartwich, Attorney, representing North Kitsap Asphalt g Gravel, spoke at length in favor of the permit; briefed backgz~und of his clients; is ideal property of 17 acres with buffer built-in would be no w~sh necessary; claimed Mr. Sklrving had asphalt and concrete plan permit from 1957 tO 1967 before property brought into the city; savings to consumers because of excellent access; site is designated for '~neavy industry." (Numerous other statements made which are on tape end in court reporter' s material). I~rry Morrison, 3710 - 27 Place West, Seattle, owner and president of North Kitsap Asphalt ~ Gravel Co., Eave background of his experience; and 14 months ownership of this company; spoke of need for type of ~ravel located at the site; stated there is about 40' downward of K~avel on a 4-acre site about 1/2 mile from Kitsap Lake; showed profile map (exhibit 51); will be shielded by trees; plant would be new with latest developments; has to meet pollution control stendar~s for the bag plant; noise deDresser on the burner; use gas fuel; increase employment; would use Werner Road for haul route, not down ~[arlow Drive; and answered a number of questions put to him by his attorney regardin safety and codes, etc. MeetinK recessed at 10:10 P. M. Called to order by Mayor at 10:20 P. M. James R. Atteberry, 3826 Woodland Park Avenue North, Seattle, chemical engineer, employed by Crim Engineering, who stated working with asphalt plants is one of his functions, discussed noise values, gave a list of readings from the Poulsbo site and discussed the Sklrving site concerning decibels of sound to be expected; talked of improved technology in last five years; stated the plant could meet the Puget Sound Air Pollution Control Agency regulations; showed bag and discussed recycling of dust; new ty~e of burner explained as being very quiet; talked of ft~e contmol and no discernible odor; no emissions off the site, or dust or chemicals; would meet fire codes, diking, etc. Discussion was held on questions from Mayor Jarstad about hauling gravel back to another site after unloadin~ asphalt. Considered unfeasible by Mr. Morrison who gave reasons; also, stating the plant would be portable and could be moved to another site when gravel ran out. City Attorney asked Attorney Hartwich about preparation of the June 20th PlanninK meeting transcript who stated it had been a phone order about 10 days a~o. Reporter Talbot stated it was about ten days ago, and he had told the attorney he could not get'it out until August. OPPONENTS ~----~ssey, Route 1, Box 1~48-B, Bremarton, stated he w~s President of Kitsap Lake ~Invironmental Association; presented additional petitions with 1421 signers (according to him) giving a total presented of about 2,000 si~ners (exhibit 52 for new petitions). Mr. Morrlssey spoke of the distance from Kitsap Lake 1/~ mile rather than 1/2 mile to the site property line ~ problem was to protect KitsaD Lake which lies in a basin, protect property values and to enjoy their homes in ~eace and ~uiet. Stated city's comprehensive plan has always showed the area to south and east of the lake as either residential or natural; also, a proposed plan now being studied by the Planning beople shows the area as either rural or natural to the south and east of the lake; also, that the rezone in March 1972 was in disregard of the compmehensive plan. Suggested rezoning back to what it was before '%nanufacturin~." Spoke of the nature park and wildlife; also, the fishing access. }{e related what he bad found out by visiting the North Kitsap plant site which he found on his first visit to be obnoxious. Spoke of possible affect to g"~ound and subterranean water and the water table; also, its possible affect to springs and water in Kitsap Lake. Referred to exhibit #51 CITY COUNCIL Mt~'I'ING ~ (RECESSED) - JULY 25, 1973, continued schematic. Talked about heavy use of roads by trucks. Finally, respectfully requested that the permit be denied. John F. Mitchell, put his eon~nents on record as exhibit ~53. Then gave a s~,~u~y which actually ex- ceeded his convents considerably. Lives at 2089-A No~thlake Way. In opposition as individual and a member of the environmental association. Showed slides. Stated there were 21 gmavel sites in Kitsap County of same variety of resource. Said he did not object to mining the rock but protested the asphalt plant proposed. Phil Best, Attorney, residing at Seabeck, representing Kitsap Lake Environmental Association and op~se--~o the permit. He presented exhibits ~55 through #66. Read from zoning ordinance about "due proof, ect." Burden of proof on the applicant, he stated. Read from the law on the environ- mental impact statement and requirements which must be set forth. Claimed city did not corm01y and criticized the statement as being inadequate and not published in time for Dept. of Ecology to give adequate response. Stated public notice was not given and was not sent to public agencies until after adopted, after May 16. Citizen in-put was not obtained. M~. Best then gave an analysis of why the E.I.S. was insufficient and spoke of 23 points in question by him. Stated permit should be denied because of the 2,000 people who signed the petitions. Spoke of safety, traffic, nature perk, esthetic degradation, comprehensive plan and asked for rezone hack to residential. Mr. Best stated rock crusher per~it was not applied for and the Planning Conmission went beyond the application; that the rock crusher has been operated without permit for a year. He stated map #54 shows site location and 165 feet to Mr. }Llrmis' property which he said was in violation of the zoning ordinance Claimed there is a violation of surface mining. Also, asphalt plant would violate height restric- tion of 20' as plant would be either 70 om 80 feet. Spoke of the two valuable natural resources, gravel and Kitsap Lake and claimed if Council denies the permit the gravel will stay there, and if Council grants the permit maybe will make the Kitsap Lake less of an asset. Mr. Best asked the Cit~ Council to deny on its merits and rezone to R-1 and let him continue taking out ¥,Lavel. Also, he stated he would like to have re-application not allowed for one year and, also, make it necessary to give notice to people within 250' of the proposed site which would provide the people a more fair hearing, statlnK this was not required for conditional use permit only in zone change. Mr. Best submitted photos, (exhibits 65 $ 66); claimed there was no legal relationship between Mr. Skirvin~ and North Kitsap Asphalt; a~d if approved, some other person could go in this site. One photo Mr. Best claimed showed equipment stored in violation of the ordinance. One photograph showed road blocked by big pile of garbage. Horace Burks, presented his staten~nt (exhibit #67), owner of mobile home park and owner of abut-tin Dropertv; played tape recorder to illustrate noise from machine operating about 600' away. William C. Bruder, 6530 Kitsap Way, spoke in opposition; member of executive board of the environ- mental association; made reference to pamphlets but had no copies to leave; also, made reference to pamphlets concerning environmental qualities which he said can be obtained; discussed smell which would be emitted because 80% of the land is cleared and trees would not absorb more than 20%. This ended the testimony of the opponents. Mayor Jarstad asked Mr. Walgren about the challenge of Mr. Best to the E.I.S. Mr. Walgren stated be' had not analyzed the statement or Mr. Best's remai~ks, but he understood attacks would be made on an E.I .S. when one is required. Commissioner Clark commenting on the testimony concerning the economic affect of the plant being located close to the source of the gravel as being opposed to being elsewhere and the benefit of lower cost of the product to the City ~as questioned. (Tape ~2338) Mr. Clark stated he did not believe he could in justification or fairness make a decision on a request such as this on the basis of whether or not it Would have a desirable affect upon the operation or the cost of the end product which he rmcalled was mentioned as 25% to 30% highem if plant located away from the source; also, could not make a determination on the hasis of savings to the City on product purchased; nor on what the affect Would be economically on additional income from tax. Co~missioner Schoneman recommended weighing all the information properly as in the past, as to whether should be denied or allowed; that he would move along this line and wait until the Mayor has made his remarks. Mayor Jarstad stated that he serves the Puget Sound Air Pollution Board representing municipalities along with Commissioner C~ne Lobe, representing the County; complimented the asphalt indus because they have done a remarkable job in doing a really responsible attempt in changing the image of an asphalt plant in cleaning up the air. Have the same problem in all areas of their jurisdic- tion in Puget Sound area of people being most concerned in the attitudes and the affect of co~mer- clalization - asphalt plants or whatever it is in their co~m~anity. Spoke of the considerable am3unt of testimony given tonight and that people are most desireus of having a decision made. Stated that in making the decision, the commissioners must weigh carefully the desires of the cit- izens in the area, and the citizens in the area, as far as the mayor knew, were a solid 100% majority opposed, having no indication to the contrary by any person that there is a desire that the asphalt plant should be located in this area, exce~rt the petitioner. Mayor Jarstad stated he believed they have the responsibility and right to weigh a decision in any zoning or classific- ation matter that is a financial benefit to the petitioner, whether that decision, if it in the negative, is detn~imental to the property owner who is petitioning. He is doing the petitioning to obtain a lar~er financial return from his investment and that is only proper; but of course if the decision is not injurious to him then he has certainly not lost anything on his investment. The perticular property, which the Mavor said he was well aware of, has been annexed into the City of Bremerton with the express purpose originally of a large residential a~ea; that in the zoning which was presented to the City Council and passed at the time was a residential zoning, it was included in there a commercial area for the express purpose of a co~mercial area to serve the residential City Council Meeting Minutes (Recessed) - July 25, 1973~ continued homes that would be contemplated and were to be built on the large tract of proper~gy that was annex- ed into the City of Breme~ton. That was the impetus for the original c~,~m~cial rezoning in the area. When those plans did not materialize it was then brought before the City Council that there was the possibility of utilization of that land in a restricted manufacturing use because there was a supply there of sand and gravel that was desirous and could be sold. It was given a rezone on that basis. Mayor stated he believed very seriously that zoning restrictions and zoning changes are. a tool not only to be used for the benefit of a petitioner but also to be used to maintain confidence in a total conrnunity where there is a total eoJLu,,~nity desire to maintain a status-quo and where that status-quo is shown to be not injurious to anybody in the area. Mayor stated he thought it is in the realm of possibility to, in the council judgmfint, analyze the possible concern and the possible financial loss and, also, the possibility of emotional disturbance in those people living in an area who are not convinced of the technological advances that industry has made in some a~eas; that this is very real in this room tonight; believed it is a very real issue in the amount of petitions that have been presented; also, a very real fact in the conrmJnity of those people who have lived and ape livinK in the Kitsap Lake a~ea. Kitsap Lake a~ea in petitioning for anne×ation did it because of a necessity and a need; was an area that had great problems of pollu- tion, water supply; and in workinK with the City having the abilities to work With the people and be-inK able to bond ourselves and our utility, the city has moved into the Kitsap Lake area to re- store it and upgrade it into the prime residential area it is today. Hopefully to maintain it in the future ~ to one of the finest residential areas in the city. The purchase of the lake pm- perry by the city, the intention and the offer made to the citv to obtain additional purchase of lands in the Kitsap Lake area for the possibility of open space and the retention of ~ore public lands in that area, is also a question before the City Council that will have to be answered in the near future, al]. with the idea of making that the type of a neigjlborhood that has been shown to us that the people in that area want; and for that reason and for the reasons that have been given here tonight, that the City Council is not denyinK the petitioner the right to sell his property, whirl] is his sand and gravel, with the reasoning that as Co~missioner Clark said, that the economic matter h&s to be reviewed and cel~tainly not the over-riding factor in making a decision here, made the following motion: r4otion by Havor Jarstad and Commissioner Clark to deny the conditional use permit that has been Under discussion: C~n~aissioner Clark stated previous to seconding the motion - Prefaced by statin~ that in the many notes he has t~ken doum, both the favorable and the less than favorable testimony, there are several things (wouldn't be able to touch all of them) that have influenced him to come to a decision, one of which is that both sides of the controversy, hav~ acknowledged that there is some air and noise pollution in this type of an operation. There has been rather a substantial debate as to the degree of the air pollution that would b~ brought about; but he believed it came down to the final conolusion that there has not, in his opinion, been due proof that it would not be unduly detrimental to the area. That can be measured in many ways; obviously it is considered to be ver~ detrimental in the minds of the great majority of the people, and a good deal of test- imony has been given that indicates the propriety of that belief. Mr. £1ark said his secondinK of the ~otion was based on that and ~any other reasons. Mr. Schoneman stated he understood there was also a request this zoninK be eliminated and return to R-1 status. ~ayor Jarstad stated he did not believe that this question is before the City Council; that it should go before the p~oper body. Mr. Clark stated this question should be first addressed to the Plannin~ C~ission and follow the regular course of business. Hr. Schoneman stated it has been the practice of assimilating all evidence and ~ake decision at the next Council meetin~; he believed the Council was to the point there should be a unanimous deeision and he tho~,ht that those who have gone to the t~ouble of gathering names and those who have incor- porated the environmental association have a legitimate right to keep this area in its present condition; but he didn't feel (addressing Mr. Skirving) and representatives of the asphalt company, that this is the end of the line for you. In making the presentation previously, it was stated that there were ~o other gravel pits in the vicinity of Kits~p County. It has been overlooked that there is a plant that has been operating within a ~le and a half mile of this location and is properlv rezoned (also, has had a crusher) and a e~ushing operation has continued in the past; that he thought on the basis of this location and that fact that you can mine grovel from the area owned by Mr. 2kirving, that this should be looked into; spesking of a nine-acre site that probably would take care of the plant and operation and it is zoned evidently. Your entire push for another as- phalt location probably isn't dead. ~,~ssioner Clark edded that Mr. $ohoneman had commented, and cerrectly that on many occasions when we have a hearing, we do take them under consideration and render a decision at a later date; however, in his memory this is the first hearing that has gone until 1:10 A. M., and the City Councl] has heard all the arguments in the case. Motion carried unanimously. Meetin~ adjourned at 1:1~ A. M. G. C. YFAD~N, SR., CITY CLERK APPROVED BY: GLENN K. JA~2TAD( Typed By: TS Proofread By: PROOFREAD: KR $ TS Tape 8 - Ail of side "A"