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HomeMy WebLinkAbout03/01/89TAPE #614 CITY COUNCIL MEETING MINUTES MARCH 1, 1989 IdAR15 UNAPPROVED DRAFT #0030 #0049 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 1, 1989 at 5:30 p.m. with Council President Spencer Horning presiding. Council members present were Shirley Marty Crutcher, Lynn Horton, C. R. "Tiny" Collins, A1 Colvin, Morrie Dawkins and Russ Johnson. Council member Lon Overson was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horning and the Invocation was given by Reverend Riensch of Our Savior's Lutheran Church. Ms. McCluskey stated Item 6C was pulled from the Agenda. CONSENT AGENDA A. Minutes of Meeting Held - February 15, 1989 AB89-041 Motion (Waibel/Dawkins) to approve Consent Agenda as presented, carried unanimously. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. Motion (Colvin/Crutcher) on March 1, 1989, the Council does approve for payment those vouchers included and further described as follows: #41753, #41759 - #41915 in the total amount of $241,850.10 and Retirees Payroll in amount of $5[,235.28 carried unanimously. COUNCIL MEMBERS REPORTS Mr. Crutcher thanked Council members Spencer Horning and Morrie Dawkins for their attendance at the parking meeting held on behalf of the City's parking plan. He stated it is good to see Council members attending neighborhood meetings and showing their support. Ms. Horton stated she attended both the Monday and Thursday night neighborhood meetings, and stated bothMr. Collins and Mr. Crutcher did a wonderful job of keeping the meetings under control. Ms. Horton also complimented Ms. Little on her presentation. She stated she met with the Citizens Parking Committee on Tuesday evening. They are in the process of reviewing and prioritizing the issues discussed last week and hope to have recommendations before Council in the near future regarding the parking enforcement issue and other recommendations. Ms. Horton stated she attended an Operations Committee Meeting today, Chief McNeal spoke regarding the Kitsap Lake patrol. They worked on an ordinance several months ago and will have a study session on this topic on Monday. Ms. Horton stated Ken Brees, Street Supt. also was present and discussed the City's street lighting. Mr. Johnson stated there are two bills in the legislature in Olympia, one by the Senate and one by the House on the subject of cable television and the use of the educational public access channel in the state of Washington. There are three channels the City can use, public access, educational and government channels. The state has been looking at how to get into people's homes with education programs for special purposes. This has not been defined, but they have found that to do this on their own would be a terrific expense, but the possibility exists that if the state and municipalities cooperate, that could be beneficial to both sides. The surprise is that of the four locations which would be originating much of this, one is Olympic College in Bremerton. He stated he has not yet seen the bills. TAPE #614 City Council Mtg. Minutes March 1, 1989 Page 2 #0430 Mr. Johnson stated he received telephone calls regarding garbage cans being passed out by Brem-Air, and the callers wondered if they had to take the cans? He stated those cans are not mandatory in Bremerton. He also stated he does not know of a rate being established for charges for those cans. Mr. Colvin stated he is very pleased with the State Audit Report which is available to the citizens of Bremerton as it is a public document. He stated there are a few minor exceptions which are being worked on. Mr. Dawkins stated he was happy to see the letter from the City Attorney that the City can put stop signs up. Mr. Collins stated the West Bremerton Neighborhood met last Thursday night. Mr. Collins commended Ms. Little for an outstanding presentation. He also commended the neighbors for keeping the meeting under control. Mr. Horning also complimented Mr. Collins and Mr. Crutcher for the neighborhood meetings. Ms. Horton stated there will be a meeting on the proposed parking plan Thursday at 6 pm in the Bremerton High School Library. This meeting is open to everyone. Mr. Horning stated Mr. Waibel, Mayor Lobe and himself represented the citizens of Bremerton in the Kitsap Planning Council today. They had discussions on Kitsap Transit and how it works, Cencom which is the Traffic Safety Committee and Emergency Management, and Kitsap Sub-regional Council of Governments, which participates with King, Pierce and Snohomish counties, and the Kitsap County Board of Health. He stated these are always open to the public and are held on the first Wednesday of every month. Next month's meeting will be on April 5th at the Silverdale Hotel in the Harbor Room. Mr. Horning stated one of the main topics today is an issue which is becoming more and more difficult to understand where we're going to go. The Legislature is working on the problems as is the local government; that's the issue of solid waste. He stated there were two very good reports on recycling. He stated they touched on the air quality questions. There was discussion on why Kitsap County is being grouped with King, Pierce and Snohomish for pollution alerts and burn bans. They are looking at why they are grouped this way instead of with Mason County when we have different air streams and inversion here in our location on Puget Sound. Mr. Horning stated he is honored to be the Chair this year and is finding it quite a task. PUBLIC RECOGNITION Tom Daines, 207 S. Lafayette, stated he lives in the proposed parking plan area and feels this isn't a parking problem but a revenue problem. He stated businesses are leaving and he will be leaving by the end of the year taking his services and B&O taxes and revenues. He stated he feels the company he sub-contracts to has a lot of revenue coming into the City. He expressed opinion that the City is trying to inflict the brunt of the problem on a small number of people and businesses, not the whole community. Mr. Dains stated he heard figures of $210 a year to enforce this problem on the 600 people who already have parking permits. He felt if the City would divide the $20,000, which is needed, by the 80,000 homes and businesses in the City limits, that would be less than $25 a year. He feels everyone should pay, not just certain districts. He stated he doesn't feel it is right for people who don't live in the City to write up a plan like this. He stated those people don't know what the residents go through every day just trying find a place to park. Mr. Horning stated a letter in response to his concerns will be sent. TAPE #614 City Council Mtg. Minutes March 1, 1989 Page 3 #0530 #0616 #0792 BREMERTON POLICE MANAGEMENT ASSOCIATION AGREEMENT AB-035 This Agreement sets the wages, hours and other terms and conditions of employment for the Police Management employees for the period January 1 through December 31, 1989 and replaces existing agreement. It provides for a 3.5% salary increase effective January 1, 1989. Changes in the Agreement consist of elimination of longevity payment replaced with a 2-step plan. Caroline Marshall, Personnel Director, stated there are two additional changes. One is the City's position on the health insurance review process. The other change was to put some limitation on the City's participation in the educational program. Motion (Crutcher/Collins) to approve the Bremerton Police Management Association Agreement and authorize Mayor Gene Lobe to execute the contract, carried unanimously. PROFESSIONAL SERVICES FOR OPERATIONAL & MANAGEMENT ANALYSIS OF THE FIRE DEPARTMENT AB-042 As a result of a call for bids the Audit Committee has received and reviewed the three proposals from Public Administration Services, Hughes, Heiss & Associates, Inc. and Sierra, Inc. The Hughes, Heiss & Assoc. proposal was determined to be the least costly and best qualified with a bid price based on the cities scope of work of $25,000. It was noted that Hughes, Heiss & Assoc. has more experience within the state of Washington than the other proposers. Telephone calls to government entities within the State were of a very favorable response. Ms. Horton stated the Audit Committee received the bids several weeks ago and after their review, all favored the same firm to perform this study and agreed this was the firm they would recommend. Mr. Johnson felt the quality of all the proposals was very high. He expressed opinion the City will be receiving a "super product" and commended John Koch, City Auditor, and the Audit Committee for the work in preparing the request for proposals and their work in reviewing. Mr. Crutcher complimented the Fire Department and Chief Marks for the work they do and explained he felt there is no need for a study. Mr. Horning agreed that the City has a superb Fire Department and felt this is a good way to maintain the department and help the managers. Mr. Colvin stated he is familiar with a lot of studies and stated his hope that the City will get $25,000 worth out of this study. He stated they will monitor this study and see if it is worth it. Mr. Horning stated the City owes it to the citizens to see they are getting the best. Motion (Johnson/Colvin) to approve the Professional Services Contract between the City and Hughes, Heiss & Associates, Inc. for Operational and Management Analysis of the Bremerton Fire Department, carried as follows: 7 affirmative, 1 opposed (Crutcher). MEETING TO CONSIDER PROPOSED ANNEXATION AREA IN THE RICKEY ROAD/ PINE ROAD AREA AB-044 In the past the City has provided certain services to properties outside the City limits with the understanding that those properties would eventually come into the City at the most appropriate time. Those agreements to provide services and to annex are contained in Outside Utility Agreements. Several of those agreements exist in the Rickey Road area and the City Council is now being asked to consider a proposal to activate those agreements and annex an area of approximately 40 acres. This meeting is to approve a Notice of Intent for annexation. TAPE #614 City Council Mtg. Minutes March 1, 1989 Page 4 Ron Hough, Annexation Coordinator, made a presentation using transparencies to show the location of the 40 acres. The area is bounded on the north by Sylvan Way and the east by Pine Road. Primary access is by Pine road. Existing land uses in the area are single family homes, one institutional group home, a mobil home, duplex, tri-plex and 182 multi-family dwelling units located primarily in the Willows complex and Shadow Creek complex. Lot sizes range from under 9,600 ft., 9,600 to half an acre, half acre to two acres and larger than two acres. Using the Comprehensive Plan, Mr. Hough stated the area is planned for low density residents. Because high density mutli-family dwellings already exist, the Planning Commission is recommending to Council that the Comprehensive Plan be amended to include those complexes of a higher density category so the land uses are consistent with the Comprehensive Plan and Zoning. Comprehensive Plan designations are generally considered to be general rather than site specific. Mr. Hough explained that within the study area the County has some residential 5 zones which is 5 units per acre, residential 18 zoning which is the high density apartment complexes, and residential 24 on four lots that have been developed to single family dwellings. Planning Commission's recommendation is that everything on the west side of Rickey Road be zoned upon annexation single family 2, approximately the same as residential 5 in the County now, single family 3 proposed for one small pocket that has Outside Utility Agreements which are being used as the basis for proposed annexation. Property owners who signed these agreements agreed to annex to the City in exchange for specified city services. Rather than annexing each property individually the City has waited until it has several Agreements in one particular area. Mr. Hough stated the purpose of the meeting is for Council consideration of the proposed annexation area and to decide on these specific questions. 1) whether to proceed with the annexation as proposed; 2) whether to require a Comprehensive Plan amendment and/or zoning for the area. Planning Commission has addressed both those issues and has recommended that both Comprehensive Plan amendment and zoning to take effect upon annexation. And, 3) whether to require the annexed properties to assume the City's current indebtedness. Mary Wagner, 3125 Rickey Road, stated she objects to the annexation and the process of using the Outside Utility Agreements. She stated people on the west side of Rickey Road are mostly rural and do not have many outside utilities. Ms. Wagner stated they feel it is unfair for 11 home owners on the west side to be annexed counting the high valuation of the area with over 200 homes on the east side, and using their assessed valuation and the outside utility agreements to force them into the City. She submitted a letter which was read into the record. Ms. Wagner felt it would be a more honest annexation if all the little people had a vote on this as well as the big people. She submitted a petition from the people on the east side of Rickey Road and another from the people on the west side, stating if the City wants to annex they should make it two separate annexations. One on the east side and one on the west side taking it all the way to the bay and include all that rural area in one annexation, and not combine those on the west side with the high density area on the east side counting the valuation of the high density area. Chris Bower, 3209 Rickey Road, asked if the City has outside utility agreements of 75% of the assessed valuation of the property on the west side of Rickey Road? Mr. Horning explained that if Council votes to approve, they are asking staff to then find out. TAPE #614 City Council Mtg. Minutes March 1, 1989 Page 5 Ms. Bower asked what is the City's current indebtedness? She stated part of the petition is that the property owners will assume part of the City's current indebtedness and inquired what that means financially to her. Rich Hanna, City Treasurer, stated the exact amount of the Bonded Indebtedness of the City, under the current tax levy for this year requires a levy of approximately .14 per $1,000 assessed valuation City wide to support that indebtedness, and that tax levy will be extended to these properties if Council approves the annexation. Mr. Hanna stated this would be part of the City levy which they currently are not paying, simultaneously they would no longer be required to pay the county tax levies. The difference between the two would be about .10 to .15 per $1,000 assessed valuation increase. Ms. Bower inquired if there is other indebtedness besides the tax levy? Mr. Hanna stated the only difference in terms of redemption indebtedness would be excess property taxes to support those specific bond issues that were voted in by the citizens of the City. Ms. Bower inquired how many levies are there? Mr. Hanna stated there are currently 3 levies that are outstanding. Based on the City's current debt service and the amount of the assessed valuation within the City requires approximately .14 or .15 cents tax levy per $1,000 assessed valuation. Ms. Bower stated other concerns of hers are the sewer system and animal ordinance. She stated Mr. Hough made reference to this as a rural area; she does have animals. She stated she does not have an acre of ground, and the way the ordinance is written, it shall constitute a civil infraction to maintain her animals if her property is annexed. Ms. Bower stated the proposed annexation is being forced upon the residents and her life style will be changed which she resents. She stated she has her animals, a garden and her yard. If the area is annexed and they hookup to the sewer she will not be able to have her yard and garden because she won't be able to pay the water and sewer bills. Ms. Bower stated that isn't fair, she didn't ask to come into the City and doesn't want to be in the City. She asked Council to give her concerns consideration when reviewing the proposal. She stated if they want to annex the property between Pine Road and Rickey Road that should be considered, but she doesn't feel the property west of Rickey Road should be City property. Bill Duffy, Utilities Director, stated sewer and water charges are based on use, it has nothing to do with the City's overall indebtedness. Operation of sewer system and retirement of the debt is based on the use of the product and is paid for through the users fees. He stated it is a separate issue. Mr. Duffy stated there would be no mandate by annexation for connection to sewer system for those people on septic tanks. He stated if the septic tank works fine and there's no health related problems, septic tanks would continue within or without the City. Mr. Duffy stated that area now lies within the sewer system area which extends north to Riddell Road. To clarify the issue Mr. Horning inquired if the annexation takes place or not, it would not change the requirement or lack of same to hook to the sewer system? Mr. Duffy responded in the affirmative and further stated nor would it change the existing conditions. Mr. Horning asked Mr. Sievers to prepare a letter to Ms. Bower explaining the City's position on animals, and agreed it is a concern. Mr. Sievers stated the City is now in the process of revising the animal control ordinance. Christena Search, 3201 Rickey Road, stated she has close to two acres with a cow. If she doesn't have the cow there will be a fire hazard. She stated it s pasture land and wondered what she TAPE #614 City Council Mtg. Minutes March 1, 1989 Page 6 would do if her property is annexed. She stated she doesn't pay road and school taxes as she is low income and wondered how annexation would affect her taxes. Mr. Sievers stated property tax exemptions for the elderly are available for City residents. Roy McInnes, stated even though he doesn't live in the area, the idea of two separate annexations is a good idea. He stated he feels the City's proposed annexation would be unfair to those who live on the west side of Rickey Road. He discussed the water usage issue and feels the City should take a good look at making this two separate annexations. Mr. Horning stated that if the property owners are already hooked to water and/or sewer they are paying the rates, and whether they are annexed or not has no bearing on utilities, except the water costs more for those outside the City limits as there is a surcharge. Mr. Horning reiterated Mr. Duffy's previous comments on sewer verses septic issue. He stated there is no mandatory connection to sewers unless the health department warrants it for public health reasons. Mr. Duffy discussed the surcharge for water to county residents and stated that through annexation the water charges will actually go down through elimination of the surcharge. Ms. Wagner inquired what is to prevent the Health Department from saying the septic tank isn't working properly and force hookup to the sewer system? She stated she has 300 feet of frontage on Rickey Road and doesn't want to hookup. Mr. Waibel stated he is on the Health Board and if you were found to be in violation right now you would have to hookup to the sewer and you would have to pay the sewer rates. He stated is doesn't matter whether you're in or out of the City, if the septic tank is found to be in violation you will be required to hookup and pay the rates. Mr. Horning stated therefore annexation has no bearing on whether or not anyone has to hookup to the sewer. Ms. Wagner stated she is on a fixed income and couldn't afford the cost with 300 feet of property frontage, and that is one reason she doesn't want to come into the City. She feels they are being sold down the road as it is because of using the valuation of the high density area combining that with the low density area and saying they have 75% of the valuation of the whole area which isn't fair. She stated it should go to a vote of the people. She feels everyone should have a say, the little people as well as the big people. Jerry Wagner, 335 Shlagel Lane, discussed changes in zoning, and stated with large parcels of land will be down zoned if going from five to four homes per acre that's a loss of two potential home sites. On the current values he felt that might devalue property about $40,000. He stated that is a concern for those who have large parcels of land on the west side of Rickey Road and feels that should be taken into consideration. Mr. Colvin asked Mr. Sievers if it poses a liability to the City if they are subject to lose $40,000 due to zoning? Mr. Sievers stated they are not being asked to approve zoning at this time. That will come before the City at a later time. He stated more specific to the question, down zone or lower density zoning proposed for this are by the Planning Commission generally results in reduction of property value. He also stated there seems to be a conflict of interest with some favoring the lower zoning, large lot sizes, agricultural uses, etc. which results in lower property taxes. Mr. Crutcher stated he feels the single most important thing a person can buy in life is their home. He stated he feels there could be two separate annexations as suggested. Mr. Colvin stated he would like to defer this annexation tonight as he would these people to be satisfied and have all their questions answered. He felt their questions have not been answered tonight and some questions the City doesn't have the answers to at TAPE #614 City Council Mtg. Minutes March 1, 1989 Page 7 this time. Mr. Colvin stated he is in favor of annexing but under the circumstances he felt it would be unfair to those residents involved to annex at this time. Mr. Horning explained they are not discussing annexation at this time, they are saying go forward and find out if they should annex. Mr. Colvin stated he is in favor of taking in account what they have to say and then consider proceeding with tonight's consideration. He stated they don't know how much it will cost them if they annex into the City and he would like to meet with these residents and have some minutes taken and get this information down in writing. He stated they are quoting a lot of figures now and years from now when some of the current Council members are gone, they won't have anything to stand on. Mr. Johnson stated the point of the meeting tonight is to tell staff to go ahead and work out the details of those issues. He stated staff is this far and are now asking if they should continue and get into that level or should they discontinue their efforts. Mr. Johnson stated that every time zoning is changed he doesn't believe the Comprehensive Plan needs to be changed. He stated he would like an answer later as to what happened to the R24 zoning on two of the lots. Mr. Johnson stated another issue that hasn't come up tonight is the small pockets in the City, this being one, where they are in a very comfortable position of being able to accept City services and they are not contributing. He stated the citizens of Bremerton are paying for the people in these pockets who are getting the same amount of services. He doesn't feel there is much difference in services or the tax structure whether or not they are in the City. Mr. Johnson discussed the concern regarding how much frontage someone has. He stated the sewer plant was not funded in a LID type operation based on the size of frontage. Sewer is assessed on how much is used. Mr. Horning agreed and stated the cost of water would actually go down with elimination of the surcharge to County residents. He discussed Medic I and stated the citizens of Bremerton are paying too much for subsidizing the people in the County. Mr. Waibel stated that the perception that coming into the City is hardship is something everyone has to overcome. He stated it is not a hardship as services are increased. Mr. Colvin stated he agrees, but what he is saying is that we are not getting that information to the people. He feels we should bring people into the City on a kinder, gentler note. Mr. Waibel stated this is Council's opportunity to say what is worth staff's time. He stated the question and the vote is, are we going to direct staff to spe~d the time to explain these things to these people. He agreed that the time should be spent in this manner. Mr. Collins stated that 10% of the people have said they want to look at coming into the City. He stated at least 75% of the people have to agree to annex to the City. He stated he hopes there is an education process that takes place. He felt the only way for staff to make the people more informed is by the affirmative vote. Mr. Dawkins inquired of Mr. Hough how many residents are in the group home? Mr. Hough stated it appears to be a typical single family dwelling. Motion (Waibel/Collins) to direct staff to proceed with the Rickey Road Annexation as proposed and require a 75% petition to include: 1) pre-annexation zoning of the Rickey Road Planning area; and 2) to require the annexed properties to assume the City's current indebtedness following annexation. Mr. Horning encouraged staff to make that extra effort to inform these people and answer all questions. Mr. Colvin asked Mr. Sievers what is the net effect of a yes vote on this motion? Mr. Sievers responded this is a preliminary decision, it instructs the 10% petitioners to go forth TAPE #614, #615 City Council Mtg. Minutes March 1, 1989 Page 8 #2040 TAPE #615 #0020 #0063 and gather additional signatures since it is a 75% petition requirement for annexation. He added that on the 75% petition hearing Council can decide to reduce the size of the acquisition hearing presented in the petition on its own initiative. Mr. Crutcher stated he wants to make it clear that Council is not voting on annexation tonight. Question called, carried as follows: 7 affirmative; 1 opposed (Crutcher). ORDINANCE (iST READING) - AMEND CHARITABLE SOLICITORS LICENSE REGULATIONS AB89-037 Ms. McCluskey stated this ordinance is back before Council as first reading. Changes that came back to Council are from 120 to 60 days for the license effective period and license fee has been changed from $1,000 to $500. She stated there was previous discussion on surety bond but that has not been changed as due to State requirements it is already covered. Paula Johnston, License Inspector/Auditor, stated regulatory licenses must have fees that correlate with the City's cost of enforcement. She stated that the ordinance passed in June, 1988 had a $1,000 fee. This kept many disruptive or illegal campaigns out of Bremerton which was not the case before this stronger ordinance that tied the City into state bonding and regulation. The City needed to lower the fee to match more realistically the enforcement costs. She stated the 60 day requirement Council proposed at the previous reading is probably an excellent recommendation. Most legitimate campaigns spend six to seven weeks telephone soliciting. Motion (Waibel/Collins) to approve Ordinance #4192 on first reading. Mr. Johnson stated when this was discussed previously he felt Ms. Horton's suggestion on the surety was excellent for those solicitors that leave town without paying their bills. Ms. Horton responded that by the requirement to have them registered with the State the State already has a surety bond. If there is a problem the City can go after that State bond. Question called, carried unanimously. ORDINANCE #4193 (SECOND READING) - MILLER ANNEXATION AB89-040 This is approximately 7.3 acres south of Kitsap Lake. SEPA requirements have been met, a DNS was issued on December 67, 1988 and the Planning Commission conducted a public hearing to consider future zoning on January 17, 1989. Staff recommends that City Council approve annexation of the proposed area and approve application of the SF-2 zoning district to the subject area upon annexation as recommended by the Planning Commission. Motion (Johnson/Collins) to pass Ordinance #4193 on second reading, carried unanimously. RESOLUTION #2242 - ESTABLISHING A FEE STRUCTURE FOR THE ATHI.ETIC SPORTS FUND AB89-045 The City currently programs for several sports and athletic leagues through the Parks and Recreation department. Ordinance #4180 allows for the establishment of a fee structure to provide financial resources for the Athletic Sports Fund. The proposed fees are in line with comparable cities statewide providing similar sports and athletic programs. Pat Westoff, Program Director, stated in response to an inquiry that they inherited the Bremerton Softball Association and Bremerton Baseball Association and accepted their fee structure. He stated Parks and Recreation is now adding to that fee structure. They have added a players fee which affects adults only. Discussion followed regarding the league and tournament fees. Mr. Westoff explained the first slowpitch league is the City league, both men's and women's, the second slowpitch program is church league and the third is co-ed. TAPE #615 City Council Mtg. Minutes March 1, 1989 Page 9 #0202 #0455 Motion (Dawkins/Waibel) to pass Resolution #2242 establishing a fee structure for the athletic sports funds. In response to an inquiry, Mr. Westoff stated the fee structure is based on $1 per person per game. Question called, carried unanimously. HEARING - TO CONSIDERA ZONING REVIEW COMMITTEE RECOMMENDATION FOR THE CORRECTION OF AN ERROR ON THE CITY'S ZONING MAP (DEAN GEaRING) AB89-045 Upon adoption of the new zoning ordinance the City Council established a "Correction of Errors" process to find and correct errors that may have occurred in the text of the zoning ordinance or in the application of zoning to specific properties or areas. Staff discovered a possible error during the processing of a subdivision for Dean Gehring. The suspected error was taken to the Zoning Review Committee which reviewed the issue and determined that an error had occurred. The Committee's recommendation is now being forwarded to the City Council for public hearing. Mr. Horning asked the standard conflict of interest, appearance of fairness questions. All Council members remained seated. Ron Hough, Planning Division, made a presentation using transparencies of the Gehring area at the corner of Maple and Ivy. He stated the area previously was zoned R1. The area contains duplexes and single family dwellings, a mobil home, and two undeveloped properties owned by Mr. Gehring. He was in the process of sub-dividing when it was noticed that area is zoned for business. The recommended correction to the zoning map is consistent with present land uses in the area and will eliminate non-conformities that exist under the present General Business zone. Most of this area has already been developed. Mr. Gehring has vested rights to build duplexes on his three vacant lots and the large lot could possibly be divided for additional development at the DR density of one unit per 4,800 sq. ft. for a duplex development. Mr. Hough stated if not corrected the General Business zone will remain and all 13 residences will continue to be nonconforming. The GB zone will also allow commercial development to encroach into the residential neighborhood, probably resulting in additional commercial traffic on what currently are primarily residential streets. Dean Gehring discussed the previous zoning and maintaining the current buffer zone between the commercial and residential zones. Motion (Horton/Crutcher) to approve correction to the zoning map as recommended by the Zoning Review Committee. That correction would change the zoning of ten lots from General Business (GB) to Duplex Residential (DR) and direct staff to prepare an ordinance for future consideration, carried unanimously. HEARING - TO CONSIDER ZONING FORMST HILLS ELEMENTARY SCHOOL SITE FOLLOWING ANNEXATION AND ANNEXATION/ZONING ORDINANCE AB89-047 Following a public hearing on December 21, 1988, City Council approved the annexation of West Hills Elementary School. The Planning Commission has since conducted a public hearing on the zoning issue and has submitted its zoning recommendation to City Council by Resolution #89-1. This public hearing is to consider the Commission's zoning recommendation and to accept public comments pertaining to the zoning of West Hills School. Staff recommends that City approve the Planning Commission's recommendation to apply the Parks & Schools (PS) zone upon annexation to the City and approve the annexation/zoning ordinance on first reading. Mr. Horning asked the standard conflict of interest, appearance of fairness question. All Council members remained seated. TAPE #615 City Council Mtg. Minutes March 1, 1989 Page 10 Motion (Johnson/Colvin) to approve the annexation ordinance on first reading, carried unanimously. With no further business meeting adjourned at 7:15 p.m. ATTEST: CER HOR ~dent .~t_,__~ ~_~ KATHLEEN L. McCluskey, City Clerk