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HomeMy WebLinkAbout02/17/72 MINUTES COUNCIL MEETING FEBRUARY 17, 1972 1~]e regular meeting of the City Council of the City of Bmeme~ton, Washington, ~as held in the Council Chambers of City }L311 at 7:00 P.M., PST, Thursday, February 17, 1972. Attending were: Mayor Jarstad, presiding; Commissioner Clark, Commissioner Schoneman, City Clerk Yeadon, Assis- tant City Attorney Sexton, Assistant City Engineer Root, Office Engineer Thornburgh, Eddie Adams, representative of press and a number of citizens interested in the two hearings to be held. MeetinK opened with Pledge of Allegiance and Invocation by Rev. Jerome Brock, pastor of the First Presbyterian Church. MINUTES OF FEB. 9, 1972 Hotion by Conmuissioner Clark and Mayor Jarstad to approve the minutes as previously read and cir- culated, ca~ried unanimously. D ~PLOlq4FJ~TS: Bennie Joe Anson, Patrolman 1st Year $708.00 per month, 2/14/72. Roger Barry Sproed, Patrolman 1st Year, $708.00 per month, 2/14/72 EEA. ~yllis Vivian C~ndler, Extra Help, Court, $2.33 per hour, 2/1/72. Motion by Commissioner Clark and Commissioner Schoneman to approve the employments, c~ied unanimously. SEPARATION Jeffrey Rask, P.T. Playleader, Park Dept. 2/9/72. Motion by Mayor Jarstad and Commissioner Clark to approve the Separation, carried unanimously. (]~GE IN PAY STATUS Frank Blake, Extra Help, Planning Dept. from $2.00 to $2.14 per hour, effective 2/14/72. Motion by Commissioners Clark and Schoneman to approve, carried unanimously. PROCLA~RTION Clerk read Mayor's proclamation dated Feb. 15, 1972, for "National Fmgineers Week, week of Feb. 20 - 26, 1972. Ban Bower, member of the Society of Professional and Technical Engineers gave remarks concerning the many benefits to mankind through technical developments. PROCL~tATION ~e-rqi---~7]-[{ayor' s proclamation for "American Heart Month", February, 1972. PAYROLL V OUC~ U2R Clepk ~se.n~ payroll voucher for period ending January 29, 1972, $130,523.18, audited by Harold Fitzwater and approved by Co~missioner Clark. Motion by Commissioner Clark and P~yor Jarstad to approve, ca,tied unanimously. (MINUTES - CIq¥ COUNCIL MELTING, FEBRUARY 17, 1972, Cont.) CLA~4S FOR DAMAGES ~-i-~ presented two claims for damages: (1) John Love, 068.46, city vehicle backing into his eari ins. co. notified. (2) Francis E. Gresham, 4107 Gillette, $2,000.80 for drainage water running through his back yard; ins. company will be notified. BID CALL - SCUBA EQUIPMENT Clerk read memo. dated Feb. 1O, 1972, from Fire Chief Holtine requesting bids be called for three complete scuba diving outfits, two divers hand lights, and two divers quick rescue suits. l']otion by Mayor Jarstad and Co~ntissioner Clark to approve bid call; under discussion: Mayor Jarstad remarked about the number of men who are trained firemen and scuba divers and their value to the comnunity; ~tion carried unanimously. BID CALL - SIGN ROUTING MACHINE AND SEPTIC TANK INST. Clerk read two memos, dated Feb. 15, 1972~ from Park Supt., mequesting bid call for one automatic routing machine and a septic tank and drain field installation for the NAD Park Restrooms. Motion by ['~yor Jarstad and Commissioner Schoneman to approve the two bid calls, carmied unani- mouslV. COMPLETION - GOLF CLUB BUILDING ~erk read letter from Charles Gilman, Architect, dated Feb. 17, 1972, reporting the completion of the club building and reeonmending its aocepta ce. The only item not completed is the paint- ing of the outside trim~ due to weather conditions; that the 10% retainage is more than enough to cover this unfinished work. Motion by Commissioner Clark and Conmissloner Schoneman to approve the acceptance of the buildinK~ ~t to preparation of a punch list, carried unanimously. COMPLETION - CARPETING & HARD SURFACE FLOOR COVERING Clerk read letter dated Feb. 17~ 1972, fr~n Charles Gilman, Architect, reporting completion of the carpeting and hard surface floor covering contract with Lake Furniture, and reconmending ac- ceptance of this work. Motion by Mayor Jarstad and Commissioner Clark to accept the completion of the contracts, ~arried unanimously. RESOLi~ION NO. 1527 Clerk read Resolution No. 1527 declaring the intention of the City to negotiate for certain real property owned by the City of Bremerton for certain real property owned by the State of Washington, said exchange being for the purpose of protecting the City's Watershed and rescinding Resolution 1516. Clerk explained that Res. 1516 had set forth the legal descriptions in an erroneous manner and this new resolution was only for the purpose of str~/ghtening up the descriptions and all other provisions were identical with the previous resolution. Motion by Commissioners Clark and Sehoneman to adopt Resolution No. 1527, carried as follows: Mayor garstad, Yes; Commissioner Clark, Yes; Commissioner Schoneman, Yes. P2]ZONE t~F~ARING FOR J/~4ES SKIRVING Clerk stated the Planning Commission had held a hearing on James Skirving for a manufactuuing zone at his property at the end of Werner Road and had approved his application; that Mr. Skirving would like to have the hearing set for an early date; and Clerk suggested March 8, 1972 at 10:00 A.M. , a Wednesday. Motion by Commissioner Clark and Mayor Jarstad to set the hearing date for i4~rch 8, 1972, at i~A.;.~., carried unanimously. LID FOP3i~TION ~JZRING: BURCHFIELD AREA (7:30 P.M.) i. lo~ion by ~yor Jarstad and Conm~issioner Schoneman that the hearing be held at this time carried unanimously. ' Clerk stated he had published legal notice of this meeting and had notified all the persons on the roll by mail; read the percentages of valid signatures on the petition, 66.14% by square feet and 56.69% by front footage; read letter dated Jan. 27, 1972, from City Engineer which gave a stmmary of project costs, land and improvement values and back taxes and which stated that the cost of the project is less than the value of land and improvements so the LID can legally be formed. Mr. Root outlined the location and scope of the improvement: mentioned the problems which con- f~onted engineering because of the topography. Clerk read three letters; (1) Thomas and Sarah Sandviek, dated Feb. 15, 1972~ stating they were assessed on a previous LID and this constituted a double assessment; (2) Donald L. Shaw, 1732 Carp Blvd., asking for more information as to how their house can be served by trying to cross the gulch area; (3) Ray E. and Margaret Dusenberry, 5821-1/2 Kitsap Way, pmotested formation of the LID; stated the extension of the sewer up Kitsap Way would serve only their home and four mobile homes on the easement road and his property is adequately served by a septic tank and he could connect to any extension of a sewer, which might be extended easterly along Kitsap Way; tt~t the four mobile homes mentioned could be served by an extension of a sewer from an adjoining existing sewer lying southwesterly of their location without the necessity of the long extension on Kitsap Way; that the city is charging for 240 feet, but actual frontage is 110 feet on Kitsap Way and su?~ested the charge should be on the 110 feet. (MINIffES -CITY COU[ICIL ~[~L'I'iNG, FEBRUARY 17, 1972, Cont.) ~tr. Root stated with relation to the Sandvick letter that they w~re charged for 120' in LID-309 and that par~ of the property is now served; however, the remainder of the property was not in- cluded in the former; that their assessment is now the line on Kitsap Way less the 120'; that there is a very deep gully about 20' below the road surface in this particulam area and there is no way to put in a line in there to serve that property; that this should be brought up at the final hearing. Discussion was then held on this matter. Mr. Sexton advised that if there is no lmnefit there are to be no assessments. It was brought cut that the final assessment hearing is tile time to make any adjustments to the roll. Nm Root discussed the planning for the line which concerned the Shaw property and gm. Shaw was present to ask questions. Mr. Shaw was referred to the Engineer's Office for further discussion of the proposal. Me. Robert E. Wilson, 1531 Carp Blvd., spoke in favor of getting a new water line before the improvement. After discussion; he was assured by Con]missioner Schoneman that a new water line was in the future for that amea and possibly might be installed when the road was dug up for the sanitary sewer line. Nr. Dusenberry was present and Mr. Root gave him a similac explanation as that given to the Sand- rick letter, r~lating to charging for the additional footage beyond the 120 foot mark; that he had been eliminated for the 120' on Kitsap Way. Discussion held on the nec.';ssity to obtain ease- cents and [-ir. Root stated the city would not obtain them until after the improvement was ordered. A count was made of those present on this hearing: ten in favor and three opposed to the formation of the district. Mr. Iiiller of k~lawn Cemetery pointed out they would be paying for a long stretch without benefit of a connection. ~. Root stated there are three homes there. Mr. Burehfield spoke in favor of the improvement. Poeston Leard of 1530 Carp Blvd. asked questions concerning payment of the assessments. Discussion of the handling of pie-shaped property on assessments was held and Mr. Shaw stated he shouldn't have been charged on one area of his property. Mr. Schoneman stated this should [m reviewed by tile City Engineer's Office. Conmissioner Clark noted there had been a thorough discussion on the question of the formation of the district; that 64% signed a petition in favor and the objections are related largely to the adequacy of the assessment rather than whether or not there should be an improven~nt district formed. Motion by Commissioner Clark and Con~nissioner Schoneman to approve the formation of the proposed l~------~improvement district, carried unanimously. OPEN MFZ~r ING Peter Bir~ming_~ham, 1,17 Bul~ell, spoke in behalf of the letter which he had wmitten and which was read at last Council meeting. }{e was assured by the mayor that the matter of parking of cars on private property was being researched. Mr. Sexton stated the city has an ordinance relating to this subject; but suggested that this letter objection should be investigated. }[F~qRING - SHORELINE MT~{AG~ENT - HARLOW BURK$ CO. Hob'ion by Mayor Jarstad and Co~issioner Clark to hold the hearing at this time on the Hallow Burks Company application for a substantial permit under the Shoreline Management Act, carried unanimou- sly. Clerk stated the Harlow Burks Cor~pany had advertised that they were applying for a permit and the City Clerk had advertised this hearing through the legal newspaper; also, had posted the area and mailed notices to residents within 200 feet of the amea. Clerk read the application and reported a petition in opposition had been presented which was signed by Robert C. Merhant, 2039 N. Iz~keway and 23 others. Also, Clerk repoDted he had eleven letters received in opposition to any change from residential. Objections contained in the letters which seem to be relative to the Act: Size of lake and facilities not adequate; ruining present environment of a designated low density dwellings amea; would detract from beauty; will add pollution through run-off; no eompmehensive plan for development of the lake area; will lose a precious amount of natural en- vironment; will bring greater number of ears which bring ecology problems; will cause a spread of similar developments; too heavy density; and letter of Robert N. G~iffin which cited guidelines of the Act which require the physical capabilities of the shomeland and water be studied, and a ~aster Plan be developed. ~'~. Pleschep stated the purpose of the hearing, givir~ a brief statement that determination should try to be made what affect such a development would ]~ve on the natural systems which are now in the area; impact on habitat; emphasized this has nothing to do with zoning. I-ir. Plescher showed the land use on three different maps. Clerk read a brief statement written by Mr. Plescher which concluded with the remark that the shoreline will not be disturbed by the construction, hence the aquatic life will not be affected. (MI~fo~fES - CITY COUNCIL ~ING, FEBRUARY 17, 1972, Cont.) ° PROPO~ H~S I.~. H. A. Harlow and Mrs. Burks were present. Mr. l{~rlow read a prepared statement (on file) and gave a brief statement that they had paid taxes for 70 years, paid for sewers, and land had to be sold to pay for expenses; that they have always worked with their neighbors, they would rot harm the shoreline nor in any way harm their neighbors. 0PPONI~fFS [ir. He~ Ca~n, Rt. 1, Box 1785, claimed Burks' project will not be compatible with the residential area; that with this piece of proper~[y and that of Bruce Harlow there is one-fourth of the Kitsap Lake shoreline which would be affected, if such developments were to go in. Robert Griffin, 1327 Eastlake Drive, asked for a review of the letters which had been received and then asked that they be made available for the City Council to study. He then addressed himself to Section 2 of the Act, and read an excerpt from the Act. Mr. Grinfin spoke on the follov ink points: Best use of the land would be for single family dwellings; on the natural character- istic of the shoreline, there would be a stripping of good potation of trees and foliage if the ~ultlple dwelling was built; on algae, much is caused by run-off, builds up nitrates and p]msp]%ates much of which comes from patios and barbecues and parking lots; in connection with alterations of the natural conditions of the shorelines, recc~xaended priority of single family residences, f~' or five to the acre; also, planned unit c~,,~,unity should have large recreation area and he did not feel this area complies; also, that permitted uses of the shorelines shall be designated to minimize any resulting damage to the shoreline area and felt that multi-family development does not comply with the spirit of the Act. Albert ![artin, 5916 Wilmont Street, spoke of the continuing algae condition of the lake over more than 30 year period. Mr. George Dasho, Route 1, stated worst year he has seen, been there since 1936. ~'[ayor Jarstad stated efforts will be directed to cleaning up the lake in connection with septic tanks~ suggested the Kitsap Lake Environmental members could assist in getting sewers to the balance of the lake. Richard Scheeder, 6607 lake Drive, stressed need for overall plans for the entire drainage area ]mfore considering individual plans. Mr. Schoneman explained that there is a comprehensive plan for entire Kitsap Lake area, relating to sanitary sewers. Discussion was held as to where the pollution to the lake was being generated, some of which will be taken care of by a local im- provement district. ~q~. Bol0 ~undo asked if the new interceptor sewer line was sufficient to take care of additional sewage and Hr. Schoneman explained it was constructed for the entire drainage basin. Relating to the Country Lane, the mobile home park is now connected to the interceptor line. Mr. Mundo claimed pollution was co,ming from new developments put in during the last three or four years; and ~-1r. Scbonem~ stated control is through the health departn~nt. Mr. Mundo questioned whether there would be any limitations to power boats on the lake. Mayor Jarstad discussed the buoys and the areas for skiing. ~tr. Clark suggested that the City Council as a separate matter might see what can be done to require identification of a number on a boat. ~r. C~m~n stated more people on the lake would have an impact on the environment; also, that there is undeveloped land on a quarter of the lake and what is allowed on this land will affect the lake. Further, that the people d/d not object to the city obtaining land on the lake for a natural park and a recreational area; but they did object to the precedent of multi-family units on the lake, and that there were no two-family hom~s on the other side of the lake. He stated more people meant more boats and more motors would be on the lake; and there would be a major problem later. He suggested single family development as rsconmended by the Shoreline Management Act. ~estion arose whether there is a master plan being developed and Mr. Clark stated this is in process but it is a lengthy program. I-~. Plescher stated what the Department of Ecology wants in regard to an inventory of shorelines, which is going to take a considerable ~ount of money to obtain; stated trying to determine what type of depth is to be inventoried and that Kitsap County has been allocated $7,000.00 for its entire shoreline; that the inventory is to be completed by November of this yearn and the whole program will have to be cormpleted in two or three years. Mrs. Harriet Mitchell, 2089 Nor~hlake Way, asked if there was a limit when the City Council must render a decision. Mr. Plescher stated the time limit set by the Dept. of Ecology is 90 days after the hearing~ after which time the decision would have to be made. Mrs. Mitchell c~nented that there is yet to be in, proved some 82 acres and the residents have no idea what will be pro- posed; also, they do not object to single family residences on different size lots. She assured the Council their association is in toueh with the health department on violators on septic tank problems% complained of the Carter Pond area as a pollution source; stated large boats were on the lake which pump raw sewage into the lake; stated the assessor has informed them they are liv- ing in a low density al~ea and are exclusive and she felt if went high density their taxes should be lowered. Hr. ~rchfield favored single family dwellings; that if the business venture of Hanlow Burks Co. failed, the apar~3~nts could go to subsidized housing; recommended studying the precedent which approval ~.~uld set. Phillip Best, Attorney for the Kitsap Lake Envirorm~ntal Assn., spoke: Pointed out that as the Planner ]~d stated, that star~ out with the inventory and then develop guidelines and a master plan. [{e then talked about procedures and stated the final proposed guidelines are out from the (I IINUTES - CITY COL~{CIL I'~ETING, FEBRUA~f 17, 1972, Cont. ) l~pt. of Ecology and will be the subject of future hearings but could be utilized by the Council in arrivin~ at a decision in this matter. He focused on Section' 14, subsection 9, of the Sea- coast Hanaqement Act, which relates to procedure of this meeting and prOCedure in handling these applications; that the local goverr~nent shall establish a program for the administration and enforcement oF the permit; stated he believed a program would be prerequisite for handling hear- ings of this natalie; should l~ve some format adopted by resolution, lie suggested care in decision prior to the City m~d Kitsap County adopting master plan or guidelines for Kitsap Lake because of the possibility of an irretrievable mistake after such plan is adopted, because of the possibility of a decision made nc~v might not fit that plan. He cited from Section 11 of the Act which directs that if another governmental entity is involved and where a master plan should be developed, that the local governments involved shall be notified and it shall be the duty of the local governments to cooperatively develop an inventory and master plan in accordance with the time limits of the Act; also, that local plan may be developed in segments applicable to local areas. Suggested this is important because City and County could work together jointly; development of the lake area should not be developed piecemeal. Suggested the question was as to the criteria the City could apply in connection with damage to envimonment or esthetics of like projects such as this, so that there is protection and uniformity, such as developed in a master plan. Also, studied the Act and could find no deadline for decision; however, stated in this vital area should go slow. Spoke from the public point of view on the proposal, stated application not up to par, mad from residential guidelines, which may be event~a~:ly adopted. Mr. Best read from the guidelines concerning density, esthetic protection, pedestrian access, and building over water. Questioned how much density for the lake would the areas surrounding this proposed site make; spoke of cr~¢ding of the lake by high-density development. Suggested the use .be kept as stable as possible until there is an adequate sewage plan and an adequate plan relating to future pollution which inevitably comes from a greater use of the lake, which comes from a possible high- density use and the public park wlulch the City is developing. Several questions were asked Mr. Best by Mr. Sexton; How many members in the association answered by Mrs. Mitchell, 24~; how many present was he representing and a count of hands showed he repre- sented all present who were protesting. Mr. Sexton asked Mr. Best if he saw anything in procedur- ,~1 possibilities that were a problem and he stated he had not read the city's resolutions to see any had been adopted; also, asked Mr. Best if be saw any irregularity or that this Council had not been fair in having an expression and Mr. Best had no opinion on this. Question was asked about affect on physical capabilities of the area and Mr. Best discussed density development, increase use of the lake, water run-off from the grounds which will be fertilized, water run-off from parking areas. Discussion of density rate if single family dwellings and Mr. Best did not have exact figures but felt it would be less than half. Mr. Griffin stated 18 versus ~8. [~. Best stated the development would be adding to that which comes in by the access, which is now on the lake. Commissioner Clark spoke in favor of property owners to reasonably develop their properi~y; spoke of esthetics, environment and natural characteristics; also, that the Act appears to give a priority to single family residences; felt tl~t with the arguments presented that the approval would not be in keeping with the ACt; further that he could not accept that putting 48 units on the lake front would not affect the character of the environment or natural characteristics. Motion by Commissioner Clark that the application for a substantial improvement permit be denied. ~sion follows: Mr. Jarstad and ~D. Schoneman believed additional time should be taken and l[r. Jarstad felt that the Attorney's Office should look into the statements made by Mr. Best. Hot;on died for lack of second. Hot;on by i~yor Jarstad and C~,~,~ssioner Schoneman t}~t decision be delayed until have had an opportunity to go over test~ny presented and within relatively short time armounce our decision. Discussion ensued: A man who said he and his wife wezm bioligists spoke of the affects of overcrow:I] ng effects on waterfowl. Discussion as to when decision would be made. Hot;on egrer~ed to add: By ~'~yor Jar~tad and Commissioner Schoneman to make a decision one week from next We<lnesday, ~]rch 1st. Discussion: ~k~s. Harriett ~itchell gave further statements re- gaud[n?, affect on wild life and algae and that the lake shows indications it is beginning to die. [bt;on carried as amended unanimously. OPd)IN~.ICE Clerk read "An Ordinance for the improvement of: An area near Crestview Drive, Burchfield Drive and C~rr Boulevard all in accordance with the plans, maps, and specifications on file in the office of the City Engineer; adopting said plans, maps and specifications;establishing an impreve- r~ent district; providing for the levying of assessments for the payment of such improvement and making such improvenmnt payable by bonds. Motion by Co~missioner Schoneman and Mayor Jarstad to pass Ordinance No. 3008, carried as follows: ,q~. Jarstad, Yes; Mr. Clark, Yes; ~r. Schoneman, Yes. PROCL~iATION: Clerk read F~clamation of the Mayor, for Wednesday, February 23, 1972, as "Navy Supply Corps Day". [~ILLS: ~o~-{~.on by Con~issioner Clark and Mayor Jarstad to pay all bills that are approved by a majority of the commission, carried unanimously. (MI~RfrES- CITY COUNCIL MEETING, FEBRUARY 17, 1972, Cont.) ~-~ioner Clark reported on increase of business in Brem~rton during 1971 and made con~arison of Building Permits with Puget Sound area, showing very favorable for Bremerton. Com~igs~.oner Schoneman cosmended Puget Power and Bell Telephone for terrific job they did in the recent wind storm, in restoring services. Mayor Jarstad handed out fire depar, t.~nt reports and mentioned the greatest loss which was to the House of Fabrics, 6th and North Callow, $167,520. Fortunate no one was injured - was a difficult fire to fight. Mayor Jarstad gave police report for January, ~24 total arrests, 353 of which were traffic. I'~¥or stated he had opportunity to greet submarine Francis Scott Key which came in today. Meetinz adjourned at 11:02 P. M. G. C. ~DON, SR., CITY CLERK APPROVED: