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HomeMy WebLinkAbout03/01/72 MARCH 1, 1972 Ihe regular meeting of the City Council of the City of Bpen~rton, Washington, was held in the Council @]ar~>ers of City }{all at 9:00 A.M., PST, Wednesday, March 17 1972. Attending were: ~hyor Jarstad, Commissioner Clark, Con~nlssioner Schoneman, City Clerk Yeadon, Assistant City Attorney Sexton, Eddie Adams, and representative of the press. Heeting opened with the Pledge of Allegiance and Invocation by Major Andreason of the Salvation Army. MIr,~TES OF FE.B~JARY 23, 1972 lhe rminutes of February 23, 1972, weme read and approved as amended. UOTICE OF D~PL0~V~NT Vir~inla n. Hawkins: Part-tlme Playleade~, Parks and Recreation, 83.05 per hour. I)~niei G. Smith: Part-time Playleader, Parks and Recreation, 81.75 pe~ hour. James Uowe~tom Extra Labor, Parks and Recreation, $3.05 pe~ hour. Iiotion by tlayo~ Jarstad and Co.~ssione~ Clark to approve the employments, ca~ied unanimously. G~NGE IN PAY STATUS Thomas L. ~att: From ist Yea~ Patrolman to 2nd Year Patrolman, ?oiiee Department, £~om 8?08.00 to 8737.$0. A~thur F. ¥ie,ir~a: From 1st Year Patrolman to 2~fl Yea~ Patrolman, Police Depart,~nt, £rem $?~8.00 to $7B7.~0. ~obert L. Hamriek: F~om 2nd Year Patrolman to 3~d Year Patrolmen, Poi±ce Department, from Iiotion I)y Hayor Ja~stad and Co~missioner Clark to approve the change of pay status, carried ~manimousiy. t~-~PIIDYEES Clerk presented City of Bremer~on hnployees' Retirement Fund for February, 1972, in the amount of $2,~61.63. Motion bv F~yor Jarstad and Commissioner Clark to appreve for payment, cai~ied unanimously. (MI~RfFES - CITY COI~'~CIL ME~fI'ING, ~'%~RCH 1, 1972, Cont. ) ~PLICATION FOR LICi]~S~ ~ghts of ~i~us Club - 2515 B~ell - ~ci~ ~d ~te~ai~nt - Append by He~th ~- ~nt, ~lilding ~nt, Fi~ Ins~ctor, ~d ~ef of ~lice. Motion by ~ssioner Cl~k ~d ~ssioner ~hone~ to app~ve license application, c~ied ~usly. BID W~VER - P~s for ~p City Cle~ p~sented ~quisition for p~s for p~p in the tot~ ~unt of $1,407.27 plus ~les t~ av~lable f~ W. H. Reilly ~y, the single ~u~ of supply for these p~s. Hotion by ~ssioner ~hon~ ~d ~ssioner Ci~ to app~ve Bid W~ver. Under discussion ~ssioner S~on~ stated this is ~ e~rgency p~hase ~d the need ~se f~m heavy r~ns ~d the~ is ~ ~ediate need for the ~ts. ~tion c~ied ~usly. ~RT~ ~IOS - Suppl~ent~ ~quisition City ~cil on J~u~ 20, 1972, app~ved the p~hase of ~ ~le radios ~der State ~ntract f~ Gener~ Elec~ic ~y for the ~t of $1,8~5.98 ~d the Clerk stated he had ~ceived a supplemental ~quisition ~ put,se ~o ~dios for $2,287.76 ~d e~l~ned that the first ~qui- sition was for ~ -f~quency which ~ld ~ co~ected to the Fi~ ~nt only ~d the new ~quisition is for t~e-f~quency which ~ld co~ect th~ to the Fi~ ~.~nt ~d the ~lice ~p~ent; total inc~ase $381.78 plus s~es t~. ~tion by Mayor J~stad ~d ~ssioner Clark to app~ve additio~ ~t of ex~ndi~ ~der State ~n~act, c~ied ~usly. BID C~L - ~ain-li~ Fencing - ~on's ~ty Playfield Clerk ~ad me~ f~m ~ew Pendergast, Su~rintendent, P~ks ~d ~c~ation, ~questing author- ization for bid c~l to f~sh ~d e~ct chain-li~ fencing at ~on's ~ty Playfield. Honies for this p~ject in the ~t of $5,000.00 ~ pledged by the B~e~on Cen~ Lion's Club ~d will not refle~ ~ ex~ndi~ f~ the P~ ~nt's 1972 ~dget. Motion by ~yor J~stad ~d ~ssioner ~hon~ to app~ve bid c~l. Under dis~ssion Mawr J~stad s~ke of ~ns~ctive steps being t~en up~ading ~on's ~ty Playfield ~d s~ke of the l~ge ~t of. ~n~ which has ~en supplied by the ~on's Club ~d they ~ve undert~en the play~]d as a continui~ p~ject. ~ssioner Cl~k s~ke of the fine fi~cial assist~ce of the ~on's ClX. Motion ~ied ~usly. ~ - ~g ~ader Clerk read me~ f~ Water ~rintendent, E. G. H~le, to F~d ~hon~ which stated that ~ep's F~p~nt Sales did not meet t~ s~cifications, t~t the m~el bid is t~ s~l to ~et the City s~cifications ~d ~co~nded aw~ ~ ~de to second 1~ bidder, the ~ ~per ~ration of Seattle, for the s~ of $29,996.40 including sales t~. Clerk ~ed that the bids had ~en stu~ed by the ~et Su~rinte~ent, Water Supply Fo~, Water Su~r- intendent, City Cle~, ~d the City ~cil; ~d the bid of ~er's ~uip~nt ~les did not meet the s~cifications in t~e ~jor ~: Wei~t, t~ssion, ~ honest. Hotion by C~ssioner ~hon~ ~d ~ssioner Cl~k to aw~ the bid to How~ ~r Co~- oration, c~ied ~usly. SOLIE CONSTRU~ION C0~ - ~n~act Co~letion Clerk ~ad letter dated Feb~ 2~, 1972, f~ ~tect Bp~ch w~ch stated that ~lie Const~c- tion ~,p~y ~s satisfa~orily co~leted work co,coted with the ~t~er's residence in Ivy ~en Ce~te~, ~d is n~ entitled to fi~ ~nt. ~btion by ~ssioner Cl~k ~d Co~ssioner ~hon~ to accept the con, ct as c~plete ~d app~ve fi~ paint. Under discussion ~ssioner Cl~k counted ~ut the av~l~ility of public ~s~s n~, s~ke of the ~eling of the c~t~er's ~sidence ~d stated that the g~aKe ~d workshop s~uc~ will need to ~ ~deled or ~placed ~ the fu~. Motion c~ied ~usly. LI~ - Hif~s vs. City - ~1 Guzzi, Inc., ~d ~nd ~ stated ~. Higgs had filed a ~tice of cl~ of ~en in the s~ of $2,633.85 ~d Cle~ stated he ~d ~tified ~1 Guzzi and the ~nd ~y t~t a ~en was filed on Feb~ 18, 1972, which was in the t~ ~l~ce for filing. S~ T~ DIST~B~ION Cle~ stated t~ S~es T~ Dis~ibution will ~ f~ 8.8 ~llion doll~ ~ceived t~u~out the State ~d is the first Distribution for 1972. Clerk then gave a ~s~e of the ~nt which will ~o to the cities ~d ~ties in t~s ~a. ~ssioner Cl~k counted t~t the ~t to ~ ~ceived by ~e~on is ~ut six-thous~d doll,s ~ th~ ~ceived last Feb~ ~d s~ke of so~ of the ~nefits to the City due to this ~ of ~venue which is tied to ~h. St~DA~ HEIGI~S ~ CED~ GROVE P~SED ~TION ~1~ ~ad letter dated Feb~ 29, 1972, f~m ~elf to the ~cil which stated t~t the City Pl~ng Director ~s ~ed that the ~tsap ~ty ~ of ~d~ ~view ~s app~ved ~exation for Sherid~ Heights ~d ~ ~ve ~a in acco~ce with R~4 mqui~nts. Motion by Mayor J~stad ~d ~ssioner Cl~k to set the date of he~ing Wed~sday, ~h 15, 1972~ at 10:00 A.M., eied meusly. O~IN~ NO. 3009 - ~ley Vacation Clerk read, se~nd ~i~, ~ O~I~ ~ndi~ S~ction ~e of ~i~ce No. 2951. ~otion by ~ssione~ Schon~ ~ ~ssio~r Cl~ to pass ~in~ce No. 3009, ceied as foll~s: ~ayor ~J~tad - yes, ~ssione: Clek - yes, ~ssioner ~hon~ - yes. tlNVIRO~[E~[~. ~A~'[~ - LID 312, 313, 31~ (~INL~I'ES - CITY COUNCIL MEETING, MAR(I{ 1, 1972, Cont.) ~iRO~fAL STATi~LT~T - LID 312, 313, 31~ Clerk ~ad }Mvi~nt~ Stat~nts p~p~d by ~. ~t, ~sist~t City F~g~eer. Motion by ~ssioner Cl~k ~d ~yor J~st~ to accept the Fmvi~tal Stat~nts ~d ~ize the Mayor ~d City Clerk to si~ for the City, ~ied ~usly. Mavor Jarstad ~cessed the meeting at 9:50 for ten ~nutes. Recessed meeting c~led to o~er at 10:00 A.M. OPEN ME~ING ~. Gerald L~itc~, 1903 ~st 13th S~et, stated he had ~en left out of the se~r LID on Sho~ ~ive ~a. ~ssionep Sc~n~ stated this state~nt would ~ p~ of the that he will not be left out if inadve~ently ~ ~en o~ed; that it is the City's intention to sewer eve~ piece of p~y ~t n~ sewe~d on t~t side of the N~ws. He ass~d Critcbl~ the co~ction ~11 ~ ~de by the consulting fi~ ~d he will ~ notified of his p~l~n~y asses~nt. DECISION - [~W BU~S ~ (~tsap ~e [~r J~tad stated t~s was t~e ~d pla~ set for decision on the he~ing that w~ held ~eks ago on the Sho~line M~nt Act S~st~ti~ Pe~t application of ~low B~ks ~p~y; t~t the City ~cil in this ~icul~ inst~ over six ~nths has ~d ~der di~ussion ~d has studied test~ny ~d the enti~ ~a of the ~ne; ~so, has s~died ~d he~ test~ny on the application for a ~t to develop t~s p~ic~ piece of p~y; that the co~ssion- e~ have been ve~ ~ch involved in ~ to ~ to a p~r ~d just conclusion ~th ~1 the test~ny on ~th sides w~ch ~s ~en given ~fo~ the Ci~ ~ncil. He stated fu~her that ~y things ~ve to ~ decided u~n in o~er to ~e the ~st decision ~ssible ~d t~t the City Co~cil is ~ady t~ay to ~e t~t decision. ~ssioner C]~k c~nted that the he~ings ~ve ~en leg~ly closed ~d the ~cil's sponsibillty is to ~e a decision; h~ever, it ~s ~en ~st practice to o~n the meeting to ~y further discussion to he~ ~yone eith~ for or ag~nst the ma~er, as a cou~esy ~d not as an extention of the he~i~. ~r. Sexton stated the~ we~ ~ he~ings p~vi~sly held ~d it is ~ssible the~ ~ld questions to decide u~n: (1) ~ question of the ~zone; (2) ~e ~o~lines M~g~ent ~t. ~. Sexton advised that these ~ should ~ seated; also, that state~nts n~ ~de will have no affect on the he~ings. ['~. Cl~k asked who was p~sent to ~p~sent the p~nents: ~. H. A. H~i~ stated he ~p~sent- ed ~low Bu~s ~y; ~d stated ~. ~s was p~sent, ~so. For the op~nents: ~. ~1 ~de~on~ 1331 ~st ~e ~ive ~d ~. Herb ~, Vice-~i~ of the Envi~ental ~ciation, we~ p~sent. [~s. Fp~cis Haddon Mo~ stated she ~p~sented the ~ti-Pollution Ass~iation. [~s. ~rg~ ~ the ~idelines for ~pl~ntation of the S~line ~ge~nt ~t of 1971, printed Septe~ 28, 1971, ~d stated the f~ conception is t~t the he~th of the citizens ~ p~tected in the furze ~d t~t in this ~g~ the west side of ~tsap ~e should be sewe~d ~d that so~ of the ~sidents ~ve stated they would not ~k up; t~t just ~cause these in the cowry is ~ excuse. She asked t~t the ~tsap ~e ~vi~ntal Association conce~ itself with qetti~ sewers ~d the l~e. C~. Ci~ ~d ~. Schon~ co~nded ~s. Mo~ f~ her inte~st ~d activity in ~ti- ~llution action ~er ~y ye~s; Co~ssioner Cl~k set out steps whe~by the outside ~sidents not n~ se~d ~uld ~; ~d ~ssion~ ~ho~ c~nted on the p~sent ~te~eptor sewer line, telling h~ it was ~tiated ~d h~ it was f~ded; also, stated the city ~s a comp~hen- sire pl~ for the enti~ l~e ~d h~ plus ~ ~e so t~s c~ld ~ ac~lished ~ the fu~e; that the inte~eptor line was done wither ~st to the ~sidents ~d the~ only cost is for l~al ~p~ve~nt district or a desi~ to co~ect to the ~te~eptoP syst~, they ~uld then ch~ed. 1lie foll~ing brief stat~nts ~ ~de p~iom to ~tion of the City ~cil: Co~ssioner Schon~ stated action ~ ~en delay~ so test~ny ~ le~e~ c~ld ~ ~vie~d ~d weighed p~rly; that on the ~sis of the application for ~ne~ it would bPi~ the a~a f~m ~ R-1 to ~ R-2 zone, w~ch ~uld, in ~. Sc~n~'s opi~on, est~lish a p~cedent fop the use of the ent~ l~e. He stated t~ City is consideri~ a little less th~ one-~f of the l~e: t~t the ~ty ~s not ~en he~ f~m as to h~ they ~uld p~se to .use the ~st of the l~e. ~so, stated that it see~ when a p~cedent ~ ~en est~lished on ~ a~nt house it ~uld ~ question~le whether ~y other ~ion of the l~d on the l~e ~uld be ~ricted f~m a~ ~nt houses; that even though it is a pl~d develop~nt it could ~ en~ged u~n to R-2 zoning allowinK multi-~ellings ~d l~ted to a ~n height. He stated he felt the H~I~ B~ks C~- ~y has done a t~ndous job ~ the~ pl~ but he ~d ~s feel~g is t~t it ~uld open up avenues for other a~nts not of t~s ~ic~ natu~ but thus establishing ~ R-2 zo~ng on the l~e ~d it ~s ~s feeling that this sh~ld not ~c~. Motion by ~ssioner ~hone~ ~d ~ssioner Ci~ t~t the ~zone ~quested ~ de,ed ~d ~t continue as ~ R-1 zone. Under discussion: ~. Cl~k stated that as a gene~l ~le he ~uld le~ to his basic feeling t~t the individu~ p~y ~er such as H~i~ B~ks, ~ the right to exe~ise eve~ ~ason- ~le use of his p~y ~nsistent with rights ~d needs of the c~ty, ~ ~d his right should not ~ i~ringed u~n ~ecess~ily; t~t this ~ ~en ~he atti~de of the Co~cil in the fa~ of op~sition; ~d the ~cil ~s t~en into consideration t~ needs of the (MId,fillS - CI'iY COUNCIL MEEi'ING, ~[ARCt! l, 1972, Cont.) total c~rmunlty which demanded certain rezones be granted; however, he stated in this particular case he di~ln't ~ad that into this picture. I{e stated he could not believe that the benefits -to the co,unity as a whole would be enhanced by the granting of this rezone; nor, in more emphasis, would it enhance the people living right a~ound the lake. He stated further that he didn't believe that the beauty of tlmt lake nor the environmental quality that exists out there, and which should exist in an improved condition as relates to pollution problems, would be enhanced by the gr~ting of the rezone. Mayor Ja~stad co~nented that if the total lake was available to start with, then planned unit develol~ent to preserve and protect natural growth and the ecolog3j could 1~ accomplished; and that this type of planned unit development is the way things will be in the future; that the plan of the l{arlow Barks Company is an attempt to do something which in the future on large tracts of land will be almmst mandated, to preserve the natural beauty of the land rather than indis- criminate progress, as has gone in many areas; but he believed the area around Kitsap lake has l~en so developed in a strictly R-1 zone area and in R-1 type of construction, that this is the major desire of everyone in the area. Mayor Ja~stad complimented Marlow Burks Company in trying to rntain much of the openness of the area; but he said he came to the same conclusion as the other commissioners that there is not the opportunity to have planned unit development anywhere else around the lake and it would be rather difficult to not go along then and approve other R-2 requests in other areas and it would in the long-run create apsm.b~ent complexes all around Kltsap Lake in the a~ea of city control; however, in the areas the City does not control there would be no control to be exercised by the City. ~otion carried unanimously. S}{ORELI?~ MD~4AGD~ENT ACT - Harlow Burks Company Co~ssioner Clark stated as a matter unrelated directly, yet very hard to separate, is action on the Substantial Use Permit; t]~t as he had moved last week, he would do again; that considering strictly from the standpoint of what he interpreted the Shoreline Management Act to mean, he did not feel that the gmanting of a use permit would be in keeping with the intent of the Act; that as he had stated before, the general character of the enviror~nent would be changed by granting of that permit; also, the natural characteristics of the area would be subjected to substantial change and the priority of the single family residences would not be in keeping with the granting of the pe~rgit. lbtion by C~lissioner Clark and Mayor Jarstad that the City Council deny the Shorelines Manage- ment Substantial Development Permit. Discussion: Mayor Jarstad stated in connection with action taken on the rezone where they had been talking about density and change in the character of the area, that the question of the Shorelines permit is a moot issue. I-iotion carried unanimously. ASSIST~,~ CITY KITORNEY 1~. Sexton intmoduced Mm. and ~lrs. Terry ~Clusky. Mr. McClusky is to be an additional assistant city attorney. F~IS~[~fFS LID 311 and LID 31~* Clerk presented easements across nine parcels of property in LID 311 and easements across thir- teen parcels of property in LID 314. ibtion by Co~nissioner Schoneman and Commissioner Clark to accept the easements and they be re- v~¥ by the City Attorney's Office and, if in order, be recorded, carried unanimously. ORDINANCE (Street Vacation for Crawford/Marler) Clerk z~ead, first reading, An Ordinance to vacate a portion of Kitsap Way. Co~ssioner Schoneman explained the vacation~ stated the city was surplusing twenty feet of right-of-way not needed, and that Joe Mentor's request not to vacate a certain portion had tmen noted and that particular area was not included in this vacation. Motion by Co~nissioners Clark and $choneman to approve the ordinance on first reading, carried as follows: I~ayor Jarstad - yes, Conmlissioner Clark - yes, Cormlissioner Schoneman - yes. BILLS Mo~n by Comnissioner Clark and Con, missioner Schoneman to pay all bills that are approved by a majority of the Commission, carried unanimously. REPORTS ~ioner Schoneraan: 1. llnanked Senator Walgren for new tape for Carillon Bells. 2. Read letter from Kramer, Chin and Mayo, representing DomSea Fa_~ms, which suggested a lease between the City and DomSea for the use of some Gorst Creek land area for commercially raising of pen-reared salmon. Co~ssioner Schoneman stated there was a possibility of employment of so~m 60 persons if this was to develop. After discussion, it was decided to schedule a meeting with representatives of the firm and the State Department of Fisheries. BID OPENING 11:00 A.M. [~otion by Cu,n~ssioner Clark and Co~ssioner Schoneman to open bids for a data processing system ar~ for watermain materials, in that order, carmied unanimously. DATA PROCESSING SYSTt~ Clerk opened the only bid received, from NCR and read: $18,903.23 for basic bid; and $20,~28.23 if included automatic typing. Trade-in allowance for each machine if the city takes the option to trade - $500.00 each. Cashier's Check enclosed for $50.00. Clerk then read letter from NCR dated Hamch 1, 1972, which set forth details of a time study made in connection with producing ([II~RIFES - CITY COUNCIL MEL'I'ING, MARCH 1, 1972, Cont.) the water bills and posting the receipts for these bills. Commissioner Clark explained that with the auton~tic typing feature the Clerk's machine and this mackine would be con~pletely compatible; spoke of the benefits of compatibility; said he recognized there might be a possibility there was not enoug~ money budgeted due to the fact this bid is about $1,400.00 over the amount budgeted~ t~wever, there are some adjustments in spending which might be made thus an emergency appropri- ation might not be necessary. Commissioner Schoneman asked if this machine would do everything required in the Water Conmercial Office and Commissioner Clark assured him it would Motion by Commissioner Clark and Con~nissioner Schoneman to award the bid to NCR, to include the automatic typing alternate, carried unanimously. ~.'IATE}~-tKTN HAI~RIALS Clerk opened the .following bids: It. D. Fowler Company, 8100.00 Cashier's Check enclosed. Grinnell Corporation, Manager's Check enclosed for $100.~0. John-l~nsville, Certified Check enclosed for $100.00 Pacific States Cast Iron Pipe Company, Bid Bond for 5% enclosed. U. S. Pipe and Foundry Company, Certified Check enclosed for $100.00. Western Utilities Supply Company, Certified Check enclosed for $100.00 Pacific Water Works Supply Company, Inc., Certified Check enclosed for $100.00. ~btion by C~missioner Schoneman and Co~ssioner Clark that the bids be tabulated by conmittee and award be made at next regular meeting ~ calm~ied unanimously. NAVAL AVE~YJE UAB JOB Clerk stated bids Would be opened for this project on March 15, 1972, at 11:00 A.M. REPORTS (continued) Commissioner Schoneman: 3. Stated be had text of proposed agreement for protection of watershed lands not owned by the city; that this has not been seen by the City Attorney's office nor has it been reviewed by the City Conr~issioners; that there should be discussions and possible action in a week or ten days. I%. Co, ended Senator Walgren and others, including the governor, who had worked in favor of the passage of the retirement bill, HB 438. Gave a background of his efforts over the past three years and spoke of the value both in benefits and in alleviating employment situation statewide. Hayor Jarstad: 1. Stated he was appointing Mrs. James Walker as a member of the Library Board to complete the term of Dick Forakem; this action was concurTed in by both C~.{ssioner Clark and Commissioner Schoneman. [iayor gave a resume of Mrs. Walker's background and accomplishments. 2. Par~ticipated in East-West High faculty benefit basketball game on Monday night and scored a grand total of two points. 3. Gave a brief report of his trip to Wisconsin. 4. Reported on meeting he attended in Portland of the national meeting of the Conference of Gover~nents. 5. Stated he would be going to Washington, D.C. tomormow morning at the expense of Puget Sound C~vernmental Conference as their representative to the National League of Cities and United States Conference of Mayor's Congressional Hearing~ would be accompanied for par~ of the week by City Attorney Walgren; would be making contacts in areas of City concern, such as transportation grant. Commissioner Clark reported on some new banner~type signs to be placed on the outside of the parking garage to highlight the r~duced rates of two hours for 25 cents, daily rate $1.25, $10.00 montkly parking on the roof, and $15.00 elsewhere in the building. Heeting adjourned at 11:45 A.M. G. C. YF~ON, SR., CITY CLERK APP?.OYED: GLENN K. JARST~YOR