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HomeMy WebLinkAbout07/14/71 JL~,Y 14, 1971 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chhmbers, City 1~].1, at 9:00 A.M., P.D.T., Wednesday, July 14, 1971. Attending were: Mayor Jarstad (presiding), Co~nissioner Clark, Commissioner Schone~n, City Attorney Walgren, City Clerk Yeadon, Mr, Eddie Adams, and representatives of Press and Radio. Meetin~ opened with Pledge of Allegiance, and Invocation by Rev. Curtis Jennings of the First Covenant Church, ~4inutes of the ~revious meeting, July 7, 1971, were read and approved as amended. fMinutes - July 14, 1971 - cont.) SEPARATION Collene C. Glomstad - Lifeguard, Parks and Recreation - effective July 7, 1971. Motion by Mayor Jarstad and Connissioner Clark to awrove, carried unanimously. NOTICE OF E~LOYMFNT I,inda Christine Duffield - Clerk/Billing Operator, l~ater(Office) - $436.00 - effective July 9, 1971, E. N. Justesen - Part-tim Eloc. Inspector - Building Dept. - $5.00 - effect. July 13, 1971, ,James ti. Robinson, Jr. - Extra Labor - Water(Dist,) - $2.25 - effective July 2, 1971. J. ,Jay Thatcher - Swim Inst, and Part/time Lifeguard, Parks and Rec.- $2.00 - effec- tive July 7, 1971. Motion by Connissioner Schoneman and ~ayor Jarstad to approve, carried unanimously. ~NG, E OF PAY STA~JS Gordon C. Acker - Engineering Aide, Engineering - from $562.S0 to $587.50 - effective July 8, 1971. Ged l~nsowetz - from Detective to Sergeant, Police - from $845.50 + $5.00 to $883.00 + $5.00 - effective July 16, 1971. Peggy L. Otto - S~im Instmctor and Part-time Lifeguard, Parks and Recreation - from $1.90 per hour to $2.00 per hour - effective July 8, 1971. · lerri L. Wilson - ,q~im Instructor and Lifeguard; change to Lifeguard only - Parks and Recreation - from $2.10 per hour go $375.00 - effective ,July 7, 1971. bbtion by Mayor Jarstad and Commissioner Clark to approve, carried unanimously. LICENSE APPLICATIONS Shake¥'s Pizza Parlor - Ye RUstic House, 3622 Wheaton Way; for music machine only. Clerk advised they had previously received license for entertainment. Michael~E. Col]ins~and Ralph Nervik, for music machine; as a result of bona fide sale from G~aham's Drive-In; to continue ~sin~ss under that name, Earl H. Gallaghe~ Jr. (business not yet named), for Tavern, ~sic and Dancing, and Steak }louse, at 706 Pacific Ave.(former Oldsmobile Rarage); approved by Police and Fire Chief, and ~]ildin~ Dept. Clerk stated that Mr. Gallagher's application has been approved by Police and Fire Chief, also Building Inspector; that }balth Dept. has approved subject to final approval of plans, and City license will enable him to proceed with details leading up to clear- ance by }balth Dept. and State. Motion by Comissioncr Clark and Mayor Jarstad to approve license applications, carried Imanimously. CIAIbIS FOR DAMAGES Clerk advised, as information, that the followinE claims had been received and will be for- warded to the insurance company: Connercial Builders, Bremerton: amount $1,721.47 - for sanitary sewer overflow. Maurice G. Dawkins, Bremerton: amount $250.00 - caused by water backing up from storm sewer. FENCIhll - RESERVOIP~S #3 and #4 Clerk read memo dated July 13, 1971, from Water Supt. }~mble to Commissioner Schoneman ad- vising that develepmont of the property in the area of the reservoirs has led to increas- in~ trespass and wandering-pets visitations; and requesting authorization to call for bids for furnishing necessary materials for fencing--estimated cost $1,000.00. Motion by Commissioners ~honeman and Clark to approve bid call, carried unanimously. FIRE, DErff. RAMP Clerk read letter dated July 13, 1971, from Chief ttoltine to Mayor and Council requesting authorization to call for bids to replace concrete ram~ in front of Main Fire Station at 817 Pacific Avemm; replace 1 concrete pum~ pedestal; add one new concrete pump pedes- tal; Furnish and install under ramp, 2 lO00-gallon storage tanks for diesel fuel and gasoline and 1 pump for dispensing fi~el; concrete and reinforcing specifications attached. Motion by Mayor Jarstad and Commissioner Clark to authorize call for bids, carried unani- mous-~y. NATER SYST~NANAINSIS 'Clerk read memo dated July 6, 1971, from Supt. }~a~ble to Commissioner Schoneman, attaching proposals for a computer analysis of existing water system from: Kramer, Chin ~ Mayo, Seattle - $11,700.00; from Pltometer Associates, San Mateo~ Ca1, - amount $8,500.00. Memo stated that the proposal of Pitometer Associates would satisfy City's requirements, (cont. - next page) (Minutes - July 14, 1971 - cont,) Water System Analysis(cont.) ~otion by Commissioners Schoneman and Clark to award cnntractto Pitometer Associates. llnder discussion, Con~issioner Schonemen stated that the increasing demands upon City's water system from areas around the corporate limits made it increasingly important to have such an analysis. ~OTION CARRIED unanimously. PARKING CqmAGE Clerk read memo dated July 13, 1971, from City Engineer to Council, attaching proposed Change Order from Wick Construction Co. dated .July 9, 1971, for sidewalk aha landscaping improvements; and recon~ending that Change Order be approved - amount $5,510.98. bbtion by Conmissioners Schoneman and Clark that Change Order be approvmt, carried unani- SELF. ET CDNTRACTORS - RETAINFJ) PERCENTAGE Clerk vresented request of ,Select Contractors to place in escrow, for investment, their re- tained percentage on the Pacific Avenue reconstruction project. Clerk reported that a copy of the State law was at hand; also that, in the case of a previous similar request, the question was raised as to the City's rights to recover such funds in the event of non-performance of contract. Motion by Commissioner Schoneman and )~yor Jarstad that the matter be referred to City tt~ey for an opinion, carrfied unanimously. INSI~tANCE - FALSE ARREST Clerk read memo dated July 9, 1971, from B. A. GETSC[t~kNN CO., Bremerton, advising that the renewal coverage for Police and Councilmen will cost $3,183.75--a considerable in- crease over the previmm year, &~e to a general rate increase but not based on claim ex- perience. Discussion followed as to checking regarding competitive rates and the availability of coverage through the Association of Washington Cities, and the matter was left with City Clerk for checking with the Association of Washington Cities. .grATE. HIGI~/AY CO~ISSION Clerk read, as information, letter dated July 6, 1971, to Supt. of Parks and Recreation, acknowledging receipt of final voucher for landscaping the north approach to Warren Ave. bridge; letter also advised they would reply regardin~ the inquiry as to encumbering un- expended amounts in the appropriation of $24,000 when information is available. PROPERTY APPRAISAL Clerk presented appraisal report of Jenks Beard on house and property at 105 Naval Ave. and statement covering appraisal fee in the amount of $250.00; house and property ap- praised at $4900. Con~nissioner ~honeman stated that the house was to be removed to allow a better turning radius at the Navy Yard gate, under a lI.A.B improvement project. b]otion b y Co~nissioners Clark and Schoneman to apvrove payment of appraisal fee, car- rxe--[Fa-~nanimously. W^TF~ SYSTt~ P~,LOCATION Clerk read letter dated July 8, 1971, from State tlighway Cor~nission, to City of Bremer- ton, forwarding three copies of proposed construction agreement No. GC-2805 covering relocation of 24oinchwater main at Sinclair Inlet-to-Oyster Bay highway project. ~otion by Co~issioners Schoneman and Clark to avprove Agreement, carried unanimously. FIRM~ORKS ORDINANCE Clerk read, as information, me~ dated July 13, 1971, from City Attorney, expressing the feeling that City should not try to write an ordinance that will govern and favor one organization over another regarding the cor~nercial sale of any goods, APPROPRIATION--ORDINANCE NO. 2960 Cle'rk read AN ORDIN/~NCEamending Ordinance No, 2933, adopting the General Fund Budget of the City of Bremerton for the year 1971, as authorized by RCW 35.33.120, and declaring an emergency; appropriating $2,~00.00 to the General Fund, Fire Alarm5~intenance ~epartment, and $2,400.00 to the Radio Maintenance Department--Capital Outlay items. ~otion by ~ayor Jarstad and Cor~nissioner Clark for passage of Ordinance No. 2960, (cont. next page) (Minutes - July 14, 1971 -cont.) Arrprovriation(cont,) Co, missioner Clark commented that this was approved in principle at the last Coun- cil meeting and items h~d not been conteml~!ated in the budget; that the Pacific Avenue improvement made it adwsable to approve the appropriation for cable at this ti~e. ~TION CARRTED as follows: Mayor Jarstad - Yes; Commissioner Clark - Yes; Commissioner Schoneman - Yes. 10:O0 A,M. - OPEN b~ETING L.I.D. Petition Mr. W. E, Fox, of 5906 Sundown Drive, approached the Council and presented a peti- tion for a local Improvement District in the area of Marine Drive, consisting of appar- ently more than 50% of thearea property owners. Mr. Fox stated that he had had the question raised about the adequacy of facilities, and qms assured by Commissioner ,qchoneman and Mayor ,larstad that installations have been made and would continue to be made to handle the pollution problem over a wide area. Motion by Commissioners Schoneman and Clark to accept Petition and refer to City Engineer ]v~rther orocessing, carried unanimously. Mr. Ron Ross inquired about a decision on his rezone petition and offered to be available for meetin~ with Council. Mayor Jarstad replied that he felt a meeting could be arranged this week and suggested Mr. Ross get in touch with his office regarding definite arrange- ments. Mr. Eddie Adams expressed appreciation for the round lane-marker '~uttons" on certain hiEhways; also mentioned the confusion caused by the signs at toll-bridge approaches which refer to the directions in which a toll must--or should not--be paid. Commissioner Schoneman explained that the round markers could now be used as ploughs are now equipped with rubber blades. 1~ said the confusing signs at the bridges would be taken down immediately. SKIRVING REZONE, Clerk stated that the required notice had not been published in the newspaper regarding the hearing, and suggested that hearing be reset for two weeks from today. 5fotion by Comissioner Clark and ~hvor Jarstad that hearing be set for Council meeting ,~71~-~.8, 1971, at 10:00 A.M., carried unanimously. ACTIVITIES ON PlIBLIC PROPERTY Clerk read Ordinance No. 2961: AN ORDINANCE amending the use of public property within the City limits for concession or amusement purposes according to Bremerton Ordinance 200, Section 10, and declaring an emergency. Clerk stated that a similar ordinance was approved at Council meeting July 7, 1971, intended for passage in thirty days, to provide for activities on the streets in connec- tion with the opening of the new parking facility; but it now appears there will not be an early opening of the garage, and activities are planned which will require prompt passage of the ordinance. Motion for rmssage of Ordinance No. 2961 by Commissioners Schoneman and Clark. ------Under discussion, Conmissioner Clark stated that this does not change ordinance ap- proved last week--but "speeds it tO." That it really "updates" previous ordinance which excluded rides, etc., on the streets, whereas the Downtown merchants are planning a special program on the occassion of the opening of the new parking facility{promoted by the Bremerton Business fi Professional Association of the Bremerton Chamber of Commerce). Clerk stated that the merchants had previouslywritten, requesting permission to hold special activities on the streets and sidewalks, and they have requested that the same letter be considered an application to do so; that a proper certificate of insurance was forthcoming. Also that they need a commitment before advertising(Letter dated 6-8-71; read at Council meeting 6-9-71). Attorney Walgren remarked that approval of m~ch activities would be subject to passage and publication of ordinance. Chief Schlie gave verbal approval. ~TION for passage of Ordinance No. 2961 carried as, follows: Mayor Jarstad - Yes; Com- missioner Clark - Yes; Conmissioner Schoneman - Yes. Motion by Commissioner Clark and ~yor Jarstad to approve merchants' application subject to-5--6~lication of Ordinance No. 2961 and filing of the insurance certification covering the planned celebration, O~RRIED unanimously. (Minutes - ,July 14, 1971 - cont.) CODIFICATION Clerk read (second reading) Ordinance No. 2962: AN ORDINANCE adopting the Bremerton Municipal Code as compiled, edited and published by Book Publishing Company of Seattle, Washington, as the official code of the City. Motion by Commissioners Clark and Schoneman for passage of Ordinance No. 2962 carried as follows: Mayor Jarstad - Yes; Commissioner Clark - Yes; Commissioner Schoneman- Yes. SITE FOR STORAGE RESERVOIRS Clerk read letter dated July 12, 1971, from .James E. Skirving to Commissioner Schoneman, in answer to his inquiry of July q, offering to sell one acre of property owned by him above Kitsap Lake, for $2,500.00. Letter included a breakdown of items adding up to a valuation of $3,940.33 per improved lot. Motion by Commissioners Schoneman and Clark to accept Mr. Skirving's offer, and to pur- chase the acreage for $2,500.00. The members of the Council expressed their appreciation for Mr. Skirving's offer and for his cooperation in the past. Motion carried unanimously. L.I.D. - PHINNEY BAY DR./FORD AVE. AREA Clerk read letter dated July 12, 1971, from City Engineer to Mayor and Council submitting preliminary assessment roll and valuation of property for the improvement by the construc- tion of sanitary sewers, and advising that the Local Improvement District can be legally formed. Clerk then read Resolution No. 1500 resolving that it is the intention of the City Council to order the improvement of East Phinnsy Bay and Ford Avenue area by the con- struction of sanitary sewers and appurtenances; and setting the date of Wednesday, August 4, 1971, at 10:00 o'clock A.M., P.D.S.T., for hearing protests against said improvements. Motion by Commissioners Clark and Schoneman for adoption of Resolution No.1509, carried as follows: Mayor Jarstad - Yes; Co~missioner Clark - Yes; Commissioner Schoneman - Yes. RATES - WATER AND SEWER Mayor Jarstad announced it was the time and place set for hearings on proposed new rates. Motion by Mayor Jarstad and Commissioner Sehoneman that hearing be opened, carried unan- imously. Fmch Commissioner, and Water Supt. Humble, spoke to the necessity of increasing rates due to: Increased operating, maintenance and replacement costs; need for new fa- cilities to supply increased demard(in¢luded growing demand from surrounding areas); higher ecological standards; as well as advice of financing experts. It was pointed out that, even with the proposed increases, Bremerton would have lower rates than most cities in the State. Commissioner Clark added that users outside the City would have a greater percentage increase than those inside the City, based on the recognized principle that those not "owning" the system should pay more than those who do "own" it. Both Mr. Eddie Adams and Mr. Wes Fox spoke to the reasonableness of proposed increases and the excellence of the water and sewer services. There being no one to speak in opposition to the proposed increases, Mayor Jarstad declared the hearings closed, and stated that an ordinance would be forthcoming regarding the new rates. PAYMENT OF BILLS Motion by Commissioners Clark and Schoneman to pay all hills that have been approved by a ~aJoritv of the Commissioners, carried unanim~sly. GENERAL REPORTS Commissioner Clark: Newly revised bus routing began Monday and will include service into Jackson Park for the first time (now has abdht 200 family units but expect 400 by the first of September); the service to the Kitsap Lake area will be retained--and improved some: and there will be an extra Bus a day into the Rocky POint/Marine Drive area. This service is also experimental and will continue only if usage Justifies it. ' Eighty-five have signed up for the BEARD GROWING contest and entries still coming in. Expect opening of the new parking garage August 15, and it will be a facility the community can he proud of. Commented on the fine appearance of the new carpeting in his (and the Mayor's) office s~ well a~ its practical advantages. E×pr,ssed sadness in death of Mr. D. McMahan, former manager of Pacific National Bank nf Washington. Commtm~nner Schoneman:- Cnrrect~ons have been made at property on the east side of Constitution Avenue as rm~uested by ~r. Chet S~mpson, of Dawn Enterprises, at Council meeting July 7, 1971. {~finutes -.l.ly 14, 1971 - cont.) Storm ~ewers should be completed on Pacific Avenue reconstruction this week. Reported that placement of utility lines on Washington Avenue nearinE completion, and commended Water Dept. for a fine Job in replacing over 500 feet of water main (thin week and last week). All utilities are out of road and contractor can proceed with side wa]ks, curbs, gutters and paving. liars completed most of the overlay paving in the Kitsap Lake L.I.D. (sewer) area; one portion to be completed after Water Distribution finds time to replace a part of their line. lTave request from Boeing, Seattle to use a portion of watershed road leading to Gold Mountain; they have leased some land from the Dept. of Natural Resources, where they are planning to install two trailers for a tracking station for some new planes, for a period of thirty days. Adequate sanitary facilities are being prov{ded--and the area doesn't contribute to City's water supply in any event. Visited the University of Washington test laboratory Monday and observed a sludge- burning process which was an experiment on the part of Kramer, Chin, & ~ayo people. A similar process will be placed in operation in Kitsap County and there will he some participation by the City. There ir no residue after burning--lust disintegration. Attended a Freeway hearing 3uly 8 with Senator Walgren and:~County Commissioner Lobe and saw a presentation on the new construction that will take place at the Oyster Bay interchange. }~ve a program outlined for exchange students coming from Ruts, 3span--arranged by the LIONS and the City; and a program is being arranged in Rure for the Bremerton students going there, by their hosts. The Carillon Bells Association has been fully incorporated, with Mr. Adams as Vice President and himself as President; Mr. Leonard Kruse, Secretary. Now in the process of making contacts for f~nding and getting a good interest. It will be formally known as THE KITSAP CARILLON BELLS ASSOCIATION. Contributions can be deposited to its account at the office of the Great Northwest Savings and Loan. 11:50 A.M. Meeting was recessed by Mayor Jarstad until 7:00 P.M., the time set for hearing on petition of Mr. H. E. Burks, for Harlow Burks Company, for reclassi[ication of property at Kitsap Lake. 7:10 P.M. Meeting reeonvened by Mayor Jarstad. GENERAL REPORTS (cont.) Mayor Jarstad:- Reported that the Fire Department answered 50 alarms last month, and per capita loss was the lowest registered sines July '70--total $1290. Added for those present, the City has one of the most outstanding records on fire loss of any city in the state, and that he always liked to compliment the citizens for observance of fire-control measures and maintaining proper conditions in their homes. The results of a fine preventive progrs~ in the City show up when losses are tabulated. Police report for 3uae shows 578 arrests. Traffic arrests of 467 constitute an all-time high and, as a result, injury and damage occurrences were greatly reduced. HEARING - BURRS REZONE PETITION - (Standin~ Room only) Mayor Jarstad stated that the meeting had been recessed to that time, as publicized, so that those interested would be able to attend without leaving work. Motioq by Mayor Jarstad and Commissioner Clark that hearing on the Burks Rezone petition be opened, carried unanimously; then asked City Clerk to review the correspondence. Clerk stated that the hearing comes before Council on Resolution ~207 of Planning Commission, recommending Council approve the reclassification from R-1 to R-2 of . property therein described; with the condition that development ~hl~i~be essentially the same as the site plan. Also reported that a petition had been fi~d-with the Planning C~,..ission as "concerned residents of the Kitsap Lake areas,..." opposing the proposed rezoning (212 signatures). Mayor Jarstad interjected with an explanation to the audience as to the procedOres followed in making presentations at such hearings, and stated that all would be heard and have an opportunity to ask questions in due course. Clerk read letter dated May 18, 1971, from Robert N. Griffin for the Kitsap Lake Enviro~nental Association to Mayor and Co~isstoners, giving the Association's reasons for opposing the proposed rezone, but stating they had no intention of attempting to prevent any owner from developing his land within the current zoning and building codes, hut did take .? serious issue with anyone who would change the character of our neigh- borhood, endanger the lake, or increase our tax burden for his personal profit." Also read letter dated April 16, 1971, from Bruce Harlow to Planning Director stating he interposed no objection to the re~one request and that it appeared the plan is a sound one and is entirely appropriate for the Kitsap Lake area. (Minutes - July 14, 1971 - Cont.) Clerk read Planning Conwnisston's STAFF REVIEWS dated April 21, lq71, with its find- ings of fact relative to: Comprehensive Plan, Land Use, Zoning, Traffic and Topography. Clerk then reported f6r the record, that he had advertised this hearing in the legal publication of the City, posted the area, and mailed notice of hearing to property owners within 250 feet (according to County records); all as required by law. Planning Director reviewed the land-use with illustrations, and stated that the staff Review was incorrect in indicating the present zoning as R-7.5; ~hat a further study of the ordinance indicates the property had come into the city under the then existin~ County zoning--which was Z-3. Mayor Jarstad commented that testimony of this nature had not been previously presented. Planning Director then answered questions from the Commissioners, and stated that if the requested rezone were granted, 3 acres would be zoned R-2 and the balance would be R-1 subject to land-use restrictions. In his opinion, this would not constitute "spot zoning," although there is no specific definition.of such. Mr. H. E. Burks spoke for the petitioner--Harlow Burks Company, and said that the property had been in their family for approximately.seventy-five years. He showed plans for the area and photographs, including aerial pictures, and stated the multiple-family dwelling planned for the five acres would iow rise, iow density, of high quality, with ample recreational space, which would be a credit to the area; and that anything done to the property would improve the useage. He added that there already were rental dwellings in the area. Mr. Burks said that application had been made to the Ecological Department and, in response to question by Commissioner Schoneman, stated that this application referred specifically to the dew Shoreline Management Act effective June 1. Some discussion followed regarding the interpretation of the new Act. Mayor Jarstad invited those in opposition to speak. Mr. Robert N. Griffin, 1327 Eastlake Drive, spoke for the Kitsap Lake Environmental Association. Referred to his letter of May 18, 1971, to Mayor and Council, and claimed that new information had been injected into the hearing. Reported that he had an addi- tional sixty-six signatures to he added to the opposition petition; also that he had another group of fifty-nine signatures representing ~eople in the Bremerton area who used the lake and were concerned as to what was going to happen to it. ~tr. Griffin added that his research indicated the zoning should he R-7.5; that it hsd not been clearly indicated how much land was involved as between apartments and single-family units; also questioned the density figures presented by ~Ir. gurks, and clsimed that the number of rental units now in the area was minimal and the great per- centare of the people owned their own homes. Said he differed in the interpretation of the Comprehensive Plan, and the planned development dogs not conform to the area. He reiterated that their main concern was that a precedent might he set leading to more apartments, increasing density, traffic, noise, taxes, and crowding the lake. Mr. Carl A. Anderson, 1331Mitsnp Lake Drive (filed a statement' with the Clerk), also ,xpressed apprehension at the ~recedent that would bd set by the development, and raised a question as to what would happen 'to the remaining 102 acres. Also questioned' the density figures, and raised the question of possible.overloading of the sewage system, increased need for other utilities and services. Commissioner Schoneman stated that the new interceptor line was engineered to take care of the entire lake and surrounding environments and there would be no problems in the foreseeable future. Hrs. Charlene Scheeder, 6607 Kitsap Lake Drive, spoke to the desirability of having privately-owned homes rather than units developed for profit. The latter, she claimed, would not have the same care as to appearance and maintenance in had times. Mr. Robert Rylie presented a Plat Plan indicating the location of homes of those persons signing the petition in opposition to the rezone. Mr. John Mikersell, Route I, Box 1707: Read a letter dated June 30, 1971, from John A. Beggs, Director of the Department of Ecology of the State of Washington, to Mrs. Robert N. Griffin, describing the type of properties to be considered as "shorelines," and referring her to Section 6 of the Shoreline Management Act for the philosophy and policy of how these shorelines should be considered. Mr. Mikersell filed a copy of that letter with City Clerk, as well as a copy of Engrossed Substitute House Bill No. 584; and a memo from him urging consideration of the majority of the residents and property owners in the area (as represented by the Kitsap Lake Environmental Association) and the "public's" interest, in relation to the Act. Mrs. Catherine Whybark, 6419 Lake Drive, presented colored photographs to emphasize the natural beauty of the area and urged that it be considered only for one-family homes. Mrs. Albert Martin (who said she didn't sign the petition) said that, although she loved the outdoors, things were going to hhange and she didn't oppose the plans for the area. Mr. Robert Griffin spoke again, saying that they (the Kttsap Lake Environmental Association), didn't want to stop all development but would like to see single-family homes only; also that when their lots were purchased from Burks, they carried a restric- tive covenant that they had to build single-family homes and couldn't build duplexes. Phillip M. Best, Attorney, stated that the question of "spot zoning" was now in litigation (another case). He questioned the Burk's density figures; the validity of notices; and whether the City could regulate use of the adJo~ning property as a condition of approving the three acres in question. Stated that the proposed rezone was not (Minutes - July 14, 1971 - cont.) compatible with the Comprehensive Plan and good land-use practices surrounding the area, and that the pictures indicated there was no Justifica~ion for claiming "non-conforming use." Also raised the question regarding conforming to the new Shoreline Management Act. Helen Vangler, 6403 Lake Drive, spoke to the difficulty of patroling the traffic on the lake if the population increased in the area. Commissioner Clark stated that the Council's responsibility was to see that develop- ments are in the best interest of all the people, including the petitioner, within the concept of proper planning for the use of the land; that he was impressed by the concern of the people in the area. Further, that the implications of the recent Shoreline Management Act were not claar and might be a decisive factor in making a decision. There- fore, he felt that the testimony should he taken under consideration and a decision given at a later date. Motion by CommisSioner Clark and Mayor 3arstad that the matter be taken under advisement and a decision delayed to a future date. Commissioner Clark stated that all concerned would be advised of the Council's plan to render a decision, and Mayor Jarstad added that it doesn't preclude further testimony. Attorney Walgren asked if it would be-possible for Attorneys Best and Schultheis to give Council the benefit of their research on the matter of "Zoning Classification." Mr. Tom Hamilton asked at what time a decision would be given. Mayor 3arstad replied that when City Council feels they are ready to give a decision, all interested people will be notified so that they can be at the Council meeting--which would be an evening meeting if that is the general wish. Mayor Jarstad added for general knowledge, that he had no conversations with anybody representing Burks, or anybody from Kitsap Lake ~rior to one phone~:c~ll the previous night. Also that the Planning Commission does not meet with Council; it is an independent body of citizens and never confers with Council. When the matter comes to Council it is all new material. Mrs. Wilbur Wade, 6701 Lake Drive, stated that a majority vote should decide, and Mayor Jarstad replied that the minority has to have fair representation and Council must listen to all testimony. Motion carried unanimously. ~IS SERVICE C~,u,,issioner Clark took the opportunity to speak briefly about the newly revised experi- mental bus service in the Kitsap Lake area, combined with adjoining areas, and stated that its continuation will depend upon the useage given it. Also, that busses will stop any- where somebody is waiting, until the best places have been determined. KITSAP LAKE PARK Mayor Jarstad spoke about plans for the park, and stated that the application for State and Federal funding met with favor because the project was to leave the south end natural; that the City entered into annexation of Kitsap Lake because it was the one governmental body that could give the needed services to the area. Co~tss~oner Clark added that some plans are here in City Hall, and that the only improvement in the wild-life area will be some minor trails so that nature can be observed; that this was the purpose and, if ~ot done, the land would be bought up and filled in a few years. Mayor Jarstad again stated that notification will be givdn as to when a decision will be made on the rezone petition. Meeting adjourned at 10:01 P.M. APPROV ED: C~lenn K. Jarsta ,~ayor