HomeMy WebLinkAbout10/15/86,', TAPE #390 UNAPPttOVED EBAFf
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CITY COUNCIL MEETING MINUTES
October 15, 1986
The regular meeting of the Clty Council of the City of
Bremerton was called to order in the City Council Chambers,
239 4th Street, Bremerton, Washington, Wednesday, October
15, 1986, at 5:30 p.m. with Council President Spencer
Homing presiding. Council Members present were non
Overson, Mottie Dawkins, Marry Crutcher, Hank Waibel,
"Tiny" Collins, Mary Lou Long, A1 ColvAn and Russ Johnson.
Also present were City Attorney Bill Broughton and City
Clerk Kathleen L. McCluskey.
The meeting opened with the Pledge of Allegiance led by
President Hornlna with Chaplin Jim Hill of the Neighborhood
Christian Center giving the Invocation. Mr. Hornina noted
that Mr. Hill is one of the City's Police Chapline.
CONSENT AGENDA
Item #A - Minutes were pulled until next week. Item #B -
Jarstad Lake Thinning, #1-85 - Contract #2607 Acceptance,
#AB86-401 is before Council and Mischel Brothers Logging has
satisfactorily completed all contractural obligations and
all payments have. been received.
· M/S/.C/U/(Dawktns/Johnson) to accept the Jarstad Lake Thin-
tng Contract #2607 as complete.
CLAIM/WARRANTS REGISTER
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.
· M/S/C/U/(Crufcher/Johnson) 6n October 15, 1986, the Council
does approve for payment those vouchers included and further
described as follows; Regular Warrants, #25756 - #25954 in
the total amount of $443,901.49 and Pre-Written Warrants,
#52590 - #52595 in the total amount of $2,392.94.
COUNCIL MEMBER REPORTS
Mr. Johnson stated he received a letter from Ms. Laura
Boyle, Kitsap Regional Library, who stated they are anxious
to use the programming capabilities on the Cable access
channel.
Mr. Colvin stated he received pictures from a female citizen
on areas that needed clean-up.
Mr. Collins noted he was please with the new "foot ferry"
which celebrated lt's inaugural voyage yesterday and was
proud of the presentation and what this will eventually mean
to the community. He stated that today's usage of the new
passenger only ferry was higher than anticipated.
Mr. Waibel also artended the Ferry Celebration.
Mr. Crutcher thanked Mr. Dave Baker's efforts in assigning
crews to grass cutting, removal 'of junk cars, etc. He
listed 5 addresses that have been cleaned up and said this
was Just a few of those needing attention.
Mr. Dawkins invited citizens and elected officials to the
Grand Opening of the Naval Ships Museum which is scheduled
October 27, 1986.
Mrs. Lonc entered the meeting at 5:40 p.m.
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Mr. Overson addressed the new "Passenger Only" ferry service
and noted that Council needs to reiterate to the Department
of Transportation that this is not a temporary need but a
permanent ferry service for our area. He stated he artended
the Puget Sound Council of Governments Transportation
meeting which is a large group. He stated Mrs. Long took
the Transportation tour which was an overview of future
transportation needs of the area.
Mrs. Lona (1) also artended the Transportation meeting; (2)
concurred with Mr. Overson that we need permanent foot
passenger ferry service, and (3) has been researching the
RCW's regarding the Parks Bond issue. RCW 29.04.030 deals
with "election frauds and errors" and she feels the Council
has proceeded in an unhonorable way. She also questioned
whether the- proponents of the Levy were correct in
requesting this Levy before the Council.
Mr. Hornina was proud to be a part of the Ferry Celebration
yesterday. He spoke with the new Director of the State
Ferrtee, Admiral Parker and expressed his concerns,
concurring with Mr. Overson that this should be a permanent
part of the overall transportation picture for Kitsap
County. He commended Mr. Dawkins on his four-years of
dedication in seeing that the foot-passenger ferry service
was .finally implemented.
PUBLIC RECOGNITION
Mr. Stan Christensen, 419 Plum, Invited Council members to
the Sheridan Park Neighborhood meeting tomorrow at ?:00 in
the Sheridan Park Lounge.
Mr. Roy McGlnnls, 2711 Maple Street, thanked Council member
Dawktns for his continued efforts in bringing the foot-
passenger ferry service to,Bremerton. He also thanked Mr.
Collins for information on the Waterfront Project.
accomplishments by Mr. Jack Maher.
Mr. Cal Bitchmann, 205 High Avenue, stated he has seen
improvement in his immediate neighborhood however there is
still garbage left at 212 High and an abandoned trailer at
High & Gregory. Mr. Crutcher stated crews were are assigned
to remove the garbage at 212 High with Mr. Bitchmann noting
the garbage is gone but the scrap lumber is still there in
the alley. Mr. Hornin~ noted that staff will be given
notice with Council asking for progress reports.
Ms. Dorothy Christensen, 419 Plum, asked if the sewer rate
schedules for the summer months is available yet with Mr.
Dave Baker, Public Works Director, noting the information is
not yet completed. Mr. Homing directed that the report be
completed by the first of next week.
PERSONAL SERVICES CONTRACT - ADDENDUM TO CONTRACT/KEN
MACKENZIE, #AB86-402
Mr. Baker said that the Personal Services Contract, covering
Kenneth W. MacKenzie's employment, for the period September,
1985 through September, 1986, has expired. The Mayor wishes
to use Mr. MacKenzie through December 31, 1986, with no
change to previous conditions of his original contract.
There is no change in title or responsibilities. Mr. Baker
noted several projects not completed which include, (1)
.extension of the PSG - Contract; (2) Sludge contract
negotiations for 1987 contract; (3) Collection system
management and (4) the Wastewater Utility is schedule to be
moved under the Direction of the Water Utility Manager, Bill
Dully starting in 1987. Mr. Baker stated the salary will be
prorated for the balance of the year and that there is money
in the budget.
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City Council ~. Mtg. Minutes
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#0834
#0857
#0981
#1006
#1042
· M/S/C/U/(Overson/Collins) to approve the Contract Addendum
to Mr. MacKenzte's contract through December 31, 1986.
ORDINANCE #4078 (SECOND READING) - CRIMINAL CODE, #AB86-38
· M/S/C/U/(Johnson/Colvin) to pass Ordinance #4078, second
reading - adopting a revised Criminal Code for the City of
Bremerton.
ORDINANCE #4079 (SECOND READING) AMENDMENT TO ETHICS
ORDINANCE - #AB86-395
· M/S/C/U/(Waibel/Long) to passed Ordinance #4979, second
reading, amending Ordinance No. 3967, Section 13, to
eliminate the requirement that employees acknowledge that
they understand the ordinance, and Insert the words "and
read" and "requirement" and that any vacancy not filled
within 60-days be filled by the Council.
ORDINANCE #4080 (SECOND READING) RELATING TO TELEPHONE &
ELECTRIC UTILITY TAX, #AB86-396
· M/S/C/(Johnson/Colvin) to pass Ordinance #4080, second
reading, amending Ordinance No 1524, as amended by No. 2530
and No. 3727, relating to electric light and power utility
tax and an ordinance amending Ordinance No. 2169, as amended
by Ordinance Nos. 2530, 3688 and 3727, relating to telephone
business utility tax.
VOTE: In favor: Overson, Dawkins, Crutcher, Waibel,
Collins, Colvin, Johnson a Homing
Opposed: Long
Motion PASSED.
ORDINANCE (CONTINUED FIRST READING) EMERGENCY MANAGEMENT IN
KITSAP COUNTY, #AB86-189
Ms. McCluskeV gave a quick overview of the changes requested
at the first reading last week which include (1} Pg. 4, Sec.
10 - the addendum of ...CoRncll shall adOPT a budget Ninety
(90) days prior to the end of the Calendar year.; (2) Pg. 4,
Sec. 11 , (last sentence) - change in verbiage to read
...Population figures utilized shall be the latest figures
available from the Bureau of Census, State office of
Financial Management.; (3) Pg. 4, Sec. 12 - no dollar
limitations; (4) Pg. 5, Sec. 17 - change 17(B) to read
...Recommend the salaries of director and the salaried staff
of emergency organization., and (5) Pg. 6, Sec. 22 (line 4)
"Sixty (60) Days", etc.
· M/S/C/(Waibel/Long) to approve an ordinance, continued first
reading, regarding emergency management in Kitsap County.
VOTE: In favor: Dawkins, Crutcher, Waibel, Collins,
Long, Colvtn, Johnson & Homing
Opposed: Overson
Motion PASSED
ORDINANCE (FIRST READING) - AMENDING ORDINANCE #4063,
ESTABLISHING A SURCHARGE TO SEPTAGE DUMPING FEES, #AB86-403
The Bremerton/Kitsap County Health Department will be
required to intensify its monitoring of septic tanks by
proposed State regulations. This proposed fee will generate
revenues to offset the .cost of this program. Mr. Ken
MacKenzie Wastewater Compliance Officer stated this
assessment Ie proposed at .01¢ per gallon at approximately
350,000 per month or prolected revenue, 83,500.00 per month
which will offset the costs to handle. He introduced Mr.
Miles, Kitsap County Health Department, who stated the fee
will more than cover anticipated costs. That the Health
department does not want to profit, merely establish a fee
to cove= the costs. Mr. Johnson asked if money is
eventually put Into the General fund of the Health
Department with Mr. Miles responding yes, but earmarked for
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City Council Reg. Mtg. Minutes
October 15, 1986
Page 4 of 10
this service and auditable. In further response to Mr.
John·on he (Miles) said that dye test· would probably be
done to check out various area·. Mr. Miles ·aid there is
some problem with catch basin· and this is ·till under
review. Mrs. Lone asked if rate· were higher than Port
Orchard or the County with Mr. Miles noting that only the
City of Bremerton and County are accepting septage with the
County charging approximately 1/2 cent per gallon less. Mr.
Horntn~ pointed out we are not in competition with the
County. Mr. Waibel, for the record, requested that a note
be made stating "the interest generated by collection· prior
to disbursement to the Health department will go to the
City".
#1485 s M/S/C/U/(Overson/Long) to approve an ordinance, first read-
Ing amending Ordinance No. 4063, Sec. 3, which amended
Ordinance No. 3700, earlier amended by Ordinance No. 3825,
regarding an additional septage discharge fee to cover the
costs of a septage monitoring program.
HEARING - 6-YEAR TRANSPORATION PLAN REVISION (1986-1991),
#AB86-404
Mr. Baker was present for Staff and explained that failure
of the retaining wall along Ford Avenue requires emergency
construction which is not on~ the 1986-1991 Transportation
Improvement Program. In order to use the Arterial Street
Funds, as Amendment to the T.I.P. must be made after a
public hearing and approved by Resolution. The restoration
of Fir Street and Fir Court will be able to be ·tarred this
year by including At in this amendment. Mrs. Lone asked Af
it is Fir Street or Avenue. Mr. Baker made note but thought
At may be a typographical error.
Mr. Baker stated this project could be funded through the
excess gas tax by the State and It i· to the Clty's
advantage to amend the 6-Year Plan.
Mr. Thomas Marks 1135 Ford Avenue, stated he own· the
residence adjacent to the collapsing retaining wall and
suggested the Engineers do an evaluation of the whole
hillside which he feels t· giving away and slipping,
eventually onto Ford Avenue. Mr. Roy McGtnnts is not
opposed to the repairs of the retaining wall but questioned
shifting funds for construction on Fir. Mr. Baker stated
there are two issues, 1st Street and Ford Avenue. Ford
Avenue can be placed on the 6-year Plan and 1st Street can
be done in 1987. Mr. Marks complained that he thought the
retaining wall belongs to a commercial interest therefore
why could they not be billed the expense of replacement.
Mrs. Lona stated she herself was In a similar position,
however Mr. Horntn~ noted that her case was new
construction, not an existing structure that must be
maintained in order to not obstruct the street. Mr. Baker
further added that It is the City's responsibility to
protect the roadways. Mr. Johnson stated he had no
objection to taking care of what Is needed to be done but
felt the Council should have more control over the 6-Year
Transportation Plan and where It is headed in the future.
Mr. Watbel requested that future agenda bills regarding the
6-year plan give more background information.
#2521 · M/S/C/U/(Collins/Walbel) to table for 2 weeks, October 29th
UTILITY LANDS COMPREHENSIVE PLAN AMENDMENT, #AB86-405
Ms. Kay Wilson, Senior Planner, stated that the Planning
Commission September 23, 1986, voted unanimously (5-0) to
approve a Utility Lands Comprehensive Plan Amendment with
the following changes:
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1. Reword Policy 8 to read:
"Surplus and dispose of lands that are no longer needed to
protect the public water supply, or that are no longer
beneficial to the Water Utility, or that are not needed for
other public uses".
2. Reword Objective 10 to read:
"Dispose of the following Utility Owned lands, provided it
is first shown that they are not needed for other public
uses: adjacent to Lake Tahuya; around Reservoir #3; and in
the Parish Creek drainage. Add land use restrictions as
necessary to protect the water resource".
Chance the Map Designations to "Forest Resource" and
"Water Supply Resource".
4. Reword Policy 11 to read:
"Cooperate with
fisherAss".
other agencies to enhance regional
Chanae the definition of FISHERY ENHANCEMENT ARE
to read:
"An .area that will be set aside for a specified time period
for ftsheries enhancement projects".
Ms. Wilson show the specific areas on a map and explained
the separate designations of Water Supply and Forest
resources.
Mrs. Lono asked if any of the property in question will be
needed for future Utility use with Mr. Bill Duffy, Water
Utility Manager that the ar~as are not being utilized for a
Water resource and only could be used in the future if
treated· He said that the City does not own the head waters
from the Sunnyslope area therefore no control over the
resource. Mr, Dully also responded that it would not be
feasible for the City to purchase the parcels to correct the
problem· He also noted that if the timber was not used as a
asset, Water Utility rates would increase approximately
+10~. Mr. Dully said the City did a study about 2 years ago
which outlined the best uses of Utility property taking into
consideration "economics" and "need". He added that Twin
Lakes is an excellent storage and when there is a shortage
of water, experienced the past summers, it is a resource.
TAPE #391
#0075 s M/S/C/(Waibel/Johnson) to approve as recommended by Planning
Commission, Resolution #806, Utility Lands Comprehensive
Plan Amendment as outlined above.
UTILITY LAND MANAGEMENT PLAN CONTRACT #2616 COMPLETION
#AB86-406
On September 25, 1985, City Council authorized the Utility
to enter into an Agreement with Economic and Engineering
Services, a professional engineering consulting firm to
prepare a plan with the objective of developing management
policies, procedures, and an Implementation program to
ensure that the quality of water delivered to the Utllity's
customers meet State and Federal requirements, as well as
recommendations on how best to manage the resources on
Utility-owned lands.
#0120 · M/S/C/U/(Dawktns/Crutcher) to authorize the Mayor to sign
a Resolution on behalf of the City of Bremerton, officially
adopting the Land Management Plan as policy for the Utility
and accepting the Plan as being complete.
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October 15, 1~6
Page 6 of 10
#0489
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT (SL-11-86), #AB86-
407
Construction of the Shoreline Amenity/Viewing Platform
requires a Shoreline Substantial Development Permit. The
City Council must determine If the project is consistent
with the Bremerton Master Program and approve, with
conditions, or deny the permit. Mr. Dave Hanna, Planner,
stated that if approved, it is then forwarded to the
Department of Ecology for their review and action.
Mr. Hanna noted that the Planning department is working with
Mr. Ken MacKenzie, Wastewater Compliance Officer, which will
have input of the final review of the design for operation
of the "lift station". Mrs. Long asked what if there
future problem with odor and can it be corrected with Mr.
MacKenzie etaring there are many measures to correct such a
problem if it arises.
· M/S/C/U/(Watbel/Colvtn) to approve the Shoreline Substantial
Development Permit (SL-11-86) as It conforms to the goals,
policies and regulations of the Bremerton Shoreline Master
Program subject to the following condition:
1. That the final design of the Shoreside Amenity/
Viewing Platform be reviewed by the Wastewater
department prior to issuance of a building permit
for the structure. Specific areas of concern include:
a. Access to the pump station for maintenance;
b. odor control, and
c. maintenance & protection of the various pipelines
servin~ the pump station.
APPEAL HEARING - KRUEGER SPECIAL USE PERMIT (SUP-SL86) '-
GROUP RESIDENTIAL FACILITY CLASS II, LARGE - 140 SOUTH
MARION AVENUE #AB86-408
Mr. Hornina asked the standard "Conflict of
Interest/Appearance of Fairness Question" with all Council
remaining seated.
Mr. David Hanna, Planner, gave a summary of Planning
Commission Resolution #801, recommending approval (5-4) to
approve a change in "Site Plan" from the original fezone
granting R2 to construct condomtniums and allow the
construction of a Group Residential Facility Class II, Large
to treat Drug/Alcohol patients in-house. He noted that in
order to approve a Special Use Permit the following
conditions must be met:
1. Is the use detrimental to the Public Health,
Safety or morals, and,
2. Have the conditions on permit necessary to pro-
tect the surrounding properties.
Mr. Hanna continued stating the applicant has requested both
a Special Use Permit and a new Site Plan approval.
Opponents to Mr. Krueue~'s requests were: Mr. David
Dra~ovtch, 144 South Yahtic, who presented slides and spoke
against the proposed Drug Treatment Facility. His concerns
included further traffic congestion, decrease in land
valuations, an unknown element of society, etc. and he felt
this type of facility is inappropriate near a grade school
that serves youth at a very vulnerable age. Mr. Dorothy
Morrison, 204 South Marion Avenue, stated her property
borders Forest Ridge Resthome center on the North and the
traffic presently is extremely heavy and has tripled in the
past 6 years. She also expressed concern that County
residents across the street from the area to be impacted,
did not get notification of the application. Mr. Chuck
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Simpson, 140 South Summit, noted the original site plan
indicated approval for Condominiums not a treatment facility
and he strongly recommended over-turning the Planning
Commission reco~endation. Mr. Ray Hawker, 3311 Rogers,
noted that one of the conditions of approval is if no one is
affected negatively. He feels the whole neighboring area is
affected. Mr. Jess .Leader, felt the Rest home is no threat
however a treatment facility will bring many court referred
citizens, rather than serve time in jail, and that their
character is questionable to him. He has his residence
across from the Rest home but his grandchildren live up
behind where the proposed treatment facility is planned and
he objected.
Mr. Phil Best, Attorney Representing Residents, gave a short
history of the orginal Rezone action from R1 to R2 for the
purpose of multi-family dwellings (Condos). He presented,
in addition to the aforementioned testimony, petitions
signed by over 100 area residence opposing the request for a
change in site plan and permit. He felt notification was
inadequate and should have included the citizens in the
County because Forest Ridge borders Marion Avenue but the
East side of the street is in the City and the West side in
the County. None the less, those residents are equally
impacted. He felt the proposal by Mr. Erueuer and Dr.
Micheal O'Learv (proposed occupant} does not fit into the
residential plan. He noted that in order to be approved by
the Planning Commission, the occupants needed to make the
facility a full-time in-house residence for those being
treated. He felt the request violates the required
conditions and is detrimental to health, safety, morals and
general welfare 'of area residents. He noted the dissimilar
use of the exi8ting character of the neighborhood which is
now residential in nature with a grade school and rest home.
The traffic problems, because of the rest home, has
escalated and land valuatipns are already depressed. He
suggested a location should be determine between the City
and County along with input by the Health department to find
a suitable building lot. He felt the service is a necessity
and a problem of our society however he did not feel that
hie clients should bear the total burden.
Mr. Russell Hauue, Counsel for Applicants Mr. Krueuer & Dr.
O'LearV, 600 Kitsap Street, clarified for the record that Mr
Krue~er is the owner/developer however Dr. Micheal O'learV
will be the occupant with a sophisticated live-}n clinic to
treat Alcohol and Drug Abuse patients. He stated the
clients that will utilize these services are not your hard
criminals and admitted that 50~ are Court referrals. But
they will. be individuals such as those attending this
evenings hearing or the middle class society that are able
to afford the services of this facility. He noted that
statistical data says a 3S-day stay in such a facility will
cost the average client 812,000, which is mostly covered by
existing medical insurance. He said a person ks not
admitted without referral and not at a time when he is
practicing the particular drug abuse. He feels the clients
served would not be a threat to the area and that there are
presently 2 other facilities, within the county that treat
the indigents, transients or those with no medical insurance
available and they are more inclined to be the problem
abusers. He stated that drug abuse is becoming eociety's
problem and regardless where the facility is built the delay
is forcing clients to seek treatment elsewhere such as
Seattle or Tacoma thereby taking needed tax money out of the
city. He stated that Mr. Best made a point of 50~ Court
referrals which may be true however, 50% of the clients
served by Peninsula Lodge and Francis Haddon Morgan
Treatment Center (in the same neighborhood) are also Court
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City Councix Reg. Mtg. Minutes
October 15, 1986
Page 8 of 10
TAPE #392
referrals. These are sometime individuals with a history of
child abuse or other crimes against society and he felt much
more of a threat than those proposed to be treated by Dr.
O'Leary's clinic. He stated his client will not be dealing
with individuals still under the influence. He said the
school is scheduled for closure within 2-3 years and it is
anticipated the building will be lease to the Haddon Morgan
treatment facility for expansion. He noted that the O'Leary
Clinic is already in the city and having the facility close
to it's daily operation is an advantage. He said that when
application was made to the Planning Commission, the
applicants followed the requirements step-by-step in order
to ensure compliance with' both their needs and the needs of
the residential community.
Mr. BIll Blackburn, President/Council on Drug Abuse, gave a
slide presentation of the proposed facility and a program he
presented entitled "Here's looking at you". He stated there
are three criteria In determining drug abuse to include (1)
how to say no; (2) recognizing that there is a problem, and
(3) people being forced to go out of the County for
treatment, but willing to do so. He recommended supporting
the Planning Commission's recommendation.
Dr. Mtcheal O'LearV (proposedr occupant of the Facility),
2500 Cherry Street and a practicing Psychiatrist locally,
noted that he practiced at the University of Washington in
excess of 10 years and during that time. wrote many articles
on drug abuse. Although statistical data shows a 30-day
stay for drug rehab, his theory is that the transition from
drugs can be done in 2 - 3 weeks with 24 hour in-house care
and counseling. He stated that chemical dependency is
indicative of other systems. He said his Treatment facility
will exclude those addicted to opiate chemicals but will
treat other chemical abuse type clients. He said the state
will not allow a license for alcohol treatment only
therefore the decision to treat both alcohol and chemical
abuse cases. He made note that Court remanded individuals
are mostly those charged with DWI offenses and in lieu of
jail time, opt for treatment which will not appear on their
record. He concurred that those individuals at Peninsula
Lodge are often dtagnosed as severe psychotic In symptom and
are of much more concern and threat to society than those
he will be treating. He stated that Mr. Hanna, Planner,
wrote the Department of Social and Health Services (DSHS) of
the statistics regarding such a facility being housed near
schools with no adverse comment from the State. They had no
history that there has been a problem. He stated this
facility is not a State funded facility and that the clients
served will be able to afford the service therefore not the
Indigent or transient such as Ollala Lodge presently serves.
Mr. Barney Tilliary, Bremerton School Board Member, 115
South National, stated that the School Board is in
opposition to granting a special use permit or any site plan
change. He stated that 330 children attend Marion Avenue
school and 70 retarded individuals, of all ages, attend
Haddon treatment center. They are a vulnerable segment of
society. He pointed out that under the new Comprehensive
Plan, there is no provision for an alcohol center. He
further was concerned that if the applicants eventually sold
the property, the facility could treat any individuals. Mr.
Dick Feneke, 135 South Marion Avenue, spoke of his history
with the Forest Ridge Rest home as he lives west across the
street from this facility. He has had, on numerous
occasions, had to assist the elderly and call for medical
attention when they "drop-in" over his bulkhead. He noted
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City Couneil 1 . Mtg. Minutes
October 15,198~
Page 9 of 10
that the employees/owners seem not to pay much attention to
the whereabouts of the patients and had one elderly lady, in
a wheelchair, ride down the resthome entrance, across Marion
Avenue a busy street and drop-off his high bulkhead,
sustaining serious injury. He is concerned that this
problem will escalate with more individuals in an in-house
facility.
Mr. Best gave rebuttal and stated the applicants paint a
rosy picture, but the problems for area residents are real
in their minds. He recommended strongly that Council not
uphold the Planning decision reminding the Council that it
is not so much a "health care facility" as an alternative to
incarceration by many individuals.
Mr. Collins asked that the two criteria to either grant or
deny a special use permit be reviewed. He felt that even if
there is not a great risk to the residential community, they
"perceive" this risk. Perception of risk would be depriving
the owners of their rights. He stated he would vote against
the special use permit. Mr. Waibel asked if granting the
permit would place a permanent restriction on the use with
Mr. Hanna concurring. Mr. Hanna also stated that the
applicant has met the legal requirements. Mr. Waibel asked
if any detox treatment would be available with Dr. O'LearV
noting that no acute admission will be allowed, meaning
those under the influence. Mr. Crutcher asked the
percentage of opposition in the area, to the facility with
Mr. Best stating, in addition to those testifying, the
petition submitted bore over 100 names. Mrs. Lona was
opposed to changing the original intent of the fezone
(Condos). Mr. Overson said he lives in an area of 4
treatment centers and felt the facility may be more
appropriate in a medical area. Mr. Colvin concurred with
Mrs. Lona & Mr. Collins, citing decrease in property values,
property owners not comfortable with the addition of yet
another treatment facility in area and stated he would vote
against the Planning recommendation. Mr. Dawktne noted that
if not approved, the applicant would still be allowed to
construct Condominiums with Mr. Hanna in concurrence. Mr.
Hornin& felt the problems are perceived not real and would
support the Planning Commission recommendation.
#1992 · M/S/FAILED/(Waibel/Johnson) to uphold the Planning Commts-
slon's recommendation granting a "Special Use Permit" and
"Site Plan" approval to construct a Drug Treatment Facility,
(SUP-5-86) - 140 South Marion Avenue, "Krueger".
VOTE: In favor: Waibel, Johnson, Overson & Homing
Opposed: Crutcher, Collins, Long, Colvin a
Dawktns
Motion FAILED (4 - 5} for lack of majority.
#2139 · M/S/FAILED/(Long/Colvtn) to over-turn the Planning Commis-
slon's decision and deny the "Special Use Permit" and "Site
Plan", "Krueger" - (SUP-5-86}.
VOTE: In favor: Crutcher, Collings, Long, Colvin &
Dawktns
Opposed: Waibel, Johnson, Overson & Homing.
Motion FAILED (.5 - 4)* for lack of majority.
*NOTE:
To overturn a previous decision, a 2/3rds vote
(6-3) is required.
The Planning recommendation to grant both a "Special Use
.Permit" and "Site Plan" approval is sustained.
With no further business, meeting adjourned at lO:OS p.m.
TAPE #392
City Council i ~'. Mtg. Minutes
October 15, 1986
Page 10 of 10
APPRO : .
CER HOR Coun
C y of Bremer' on
· Dist
File/Vault
EATHLEEN L. MCCLUSKEY, Clerk
Director of Administrative Services
President