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HomeMy WebLinkAbout10/15/86,', TAPE #390 UNAPPttOVED EBAFf #0003 #0013 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. TAPE #390 City Council i '. Mtg. Minutes October 15, 19~6 Page 2 of 10 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. TAPE #390 _ City Council ~. Mtg. Minutes October 15, 1986 Page 3 of 10 #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 TAPE #390 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: TAPE #390 City Council ~. Mtg. Minutes October 15, l~d6 Page 5 of 10 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. TAPE #391 City Council 3. Mtg. Minutes 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 TAPE #391 _ City Council ~. Mtg. Minutes October 15, 1986 Page 7 of 10 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 TAPE #391 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 TAPE #392 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