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HomeMy WebLinkAbout11/16/77 CITY COUNCIL MINUTES Mover~ lB, 1977 TAPE #120 Regular neeting of the City. O~uncil of the Ci~; of Br~mer~on, Washington was held in the City (B) 1663 Council Chambers, City Hall, 239 Fourth Street, on Wednesday, ~bvembeP 16, 1977 at 9:10 A.M,, with MayoP Ja~stad p~esiding. Also p~esent were Cc~mlssione~ Stewart, ConmlissioneP Sehoneman, City Clerk Yeadon, Asst. City Attomney McCluskey and ~ep~esentatives of the press and nadio. Meeting was opened with the Pledge of Allegiance and invocation was given bv City Clepk Yeadon. MI~ OF NOV~MBER 9, 1977 Clerk ~ead minutes of Novembem 9, 1977. MayoP Ja~stad ordered the minutes to stand approved as Dead. SEPARATIONS Pat~ieia GPige~ and Jennie Snypp, Pa~ks & Recr~atlon, Pa~t-Time Plavleade~s, 11-16-77. Vickie L. Buhl, Executive Dept., Extpa-Help, 11-10-77. Motion by_ Cc~missionep Stewar~ and Mavor Jar~tad to approve the separations, carried unanimously. NOTICES OF EMPLOYMENT Pohe~t ~lrdine~ Shiell, Police Dept., 1st y~. ~ patrolman, $6.31 pep bp., 11-15-77. Vickie L. Buhl, Cc~ssione~ of Public Works Office, Extma-help, $3.00 ~ h~., 11-14-77. Motion by Cc~missione~s Ste~_~t and Schon~nan to approve notices of emplovment, carried unanimously. CHANGES OF PAY STATUS Ger~ie G. Saunders, C4Dnm~unlcations, Maintenance Electmician SenioP, $7.56 pe~ bP. to $7.79 DeP bP., Memit Step D, 1-1-78. Glenn A. She~, Co~rmani-ations, Electronics Technician SenioP, $?.~8 per h~. to 87.71 pep h~., Me,it Step D. 1/1/78. Motion by MavoP Ja~stad and Om~nissionep Schoneman to approve changes of pay status, caz~ied unanhn6usly. RESOLUTION NO. 1743 - Pa~king Metep Rate Increase, F~u~th Street Clepk ~ead, "A RESOLUTION increasing the hourly p~king meteP Pate fop meteps located fz~m the crosswalk in the centep of the 200 block of Fourth Street east to Washington Avenue to twenty cents (20¢) pez, hour". Motion by MayoP Jamstad and Ccmmissione~ Stewart to pass Resolution Mo. 17~, carried as follows: Ma_voP Ja~stad, yes; Cc~missionep Stewart; Ccmnissionem Schon~nan, yes. ~MPLOYEES' RETIREMENT FUND ClePk presented employees' ~eti~ement fund fop Deco]looP, 1977 in the R~oss amount of $3,166.1~, audited bY John R. Ross. Mmt~on by Ccrm~issione~s Stewart and Schoneman to approve e3~plovees' Petiz~ment fund, carried unanimously. Clepk stated the City Council had passed a motion which stated that people on Petir~ment would ~et a 5% to 10% Paise in Januaz~_ of each vea~ and suggested Council set the an~unt of in--se so the next list can be prepared. M~tlon by Comnissioneps Stewar~ and Schoneman ~ set increase at 10%, carried unanimously. LICENSE APPLICATIONS Music Machines: James W. Fitz, VIP's RestauPant g Lounge and Harr~ L. Jeus, Fast Side Tavern. DancinM $ Entertainment: James W. Fitz, Landmark Restaurant $ I~unge. Motion by Ccmnissioneps Stewar~ and Schon~nan to approve license applications, caz~ied unanimously. BID AWARDS - Official Publication; Gasoline, Oil, Creases, Solvents; Elevator Maintenance; Office Machine _Maintenance; and Concrete Products ClePk ~ead memo frcm Asst. Pul~ahasing Agent, dated Nov. 15, 1977, which Peacr~nended awarding bid for gasoline to Standard Oil; Lube Oil, R~eases g solvents to Wilklns Dist.; ElevatoP Maintenance to Sound Elevator, Co. fop a 5-y~. contract; Office Machine Maintenance to T~i-county Business Equip- ment C~; Gmavel g Building Sand to Br~n Rock D~.; Relnfor~inF~ Steel to Brim Redi M~x; and Concrete Products Mfg. Blox, Pipe, B~ick, etc. to Bz~mer~on Concrete P~oducts. Motio~ by Ccr~nissioneps Schoneman and Stewart to follow ~eac~mendation of Asst. Pu~chasin~ A~ent and awar~ bids as listed above, carried unanimously. AGR~ - CITY $ BREMERTON POLICE OFFICERS ASSOCIATION ClePk pmesented aR~e~nent between 'City of Br~me~ton and Br~mer~con Police 0ffice~s Association. Motian by MayoP Ja~stad and Ccr~nlssionep Schone~an to approve AKPeement as negotiated and authomize .~atu~es, carried unanimously. CCKINCIL MINUTES - NOVEMBER 16, 1977 - CONTINUED ACCEPTANCES OF CONTRACTS - Wheaton $ Sylvan; Sheridan Road Clerk or~sented memo ~ ~i~; En~inee~,' dated Nov. 1~,' 1977, which requested Council acceptances o4 contmacts for Wheaton and Sylvan and Sheridan Road, M~tion by Cc~nissionem Sehoneman and Ma~vo~ Ja~stad to accept Wheaton and Sylvan cont-~act as of Nov. 9,~7 and Sheridan Road contract as of Nov. 2, 1977, ear~ied unanimouslv. CITY/STATE A~REEMENT Cl~Pk presented Agreement forms fop-ttth St. at Callow Ave., War~en Ave. at 13th St., and Callow Aw at Bu~4ell St. p~ojects to be four,ed to DOT. Motion bv CoTmissionep St~ar~ and M~Vor Ja~stad to approve agreements and authorize Mayor and City Pii~t-o siKn for theC~ii-f, carried unanimously. BID REJECTION - Cook's Roofing (Reroofing Municipal Garde) Clerk reported that CoOk"s~ Roofi~ is uhable to Kef bond ~hich is required for re~oofin~ the Municipal C~n_~age; that the ~oof is leaking quite badly and wettin~ssc~ne of the equiunent. He state< only two bids were received and Council could eithem reject the bid fnom Cook's and call for bids o~ award the bid to the Roof Doctor. Conmissione~ Stewart stated that since Cook's Roofin~ could not get a bond, they did not meet specifications and the bid should be awamded to the low bidder meetin~ speeiflcat ions. Motion by Ccmmissioners Stewart and ~choneman to award bid to low bidder meetinK D~eeifications and ~ original bid from Crook's RoofinK, carried unanimously. ARRIVAL OF SANTA CLAUS Clerk ~eal letter 'frc~ Chamber of Cz~meree, dated Nov. 15, 1977~ which stated the Bremerton Busines~ Association is coordimmting the arrival of Santa Claus on Pbnday, Nov. 28, 1977; that Santa will armive at 6:00 P.M. and p~oceed to the Pe~ Avenue Mall and then on to Callow Ave. Clerk stated h~ ,.~Duld send a copy of the letter to the Police Dept. NOTICE OF CANAMERA PACIFIC HFARI~ Clerk read letter from Dept. of Cc~n~lnity Development, dated Nov. 10, 1977, which stated a public hearing will be held by the Kitsap Board of C~m~nissioners on Monday, ~ov. 21, 1977 at 11:30 A.M. in the courthouse in Port Or,hard to consider an application for a .qho~eline Master P~o.~ram-Substantial Development Permit su~tted by Canamera Pacific, Inc. Clerk stated a copy of the letter will be sent to the Planning Dept. ~gI~EN C. ANDERSON, WATER DISTR~BO~ION SPECIALIST I (Letter frc~ T)eDt. Of Social g Health Se~vlees) Clerk read lett~ signed by Bill L~eehtv, ~ Secretary of Dept. of Social and Health Services, dated Nov. 8, 1977, which stated that the Board of Certification for Washin.~ton State Water Womks {Operators announced that a Cel~tificate of C~Detenev is bein~ issued to Steven C. Anderson as a Wate :Distribution Specialist I; that he has successfully passed the examination, which has qualified him for this ~atin~, toKether with his exoerience and education. Clerk stated a lettem will be sent to ~. Anderson fr~m City_ Council. PROCLAMATION - Bible Week Clerk read Pmoel~nation 'proclaiming Nov. 20th through 27th as "Bible Week". TREES ON llth STREET OVERPASS Clerk read coDv of memo from Parks Dept. to Street Superintendent, dated Nov. 10, 1977, which stated the Parks Dept. plans to replant Lc~i poplar trees on the north side of llth St.; that 20 trees should be requisitioned at a cost of appz~ximately $15.00 pe~ tree. The memo stated further when these tee. es have been Txlmehased, the Pamks Dept. will arrange to pick them up and replant. "HARID~"' PROPERTY Clerk read letter frcm Kitsap lake Environmental Assoeiatlon, no date, which r~_uested that the Citv initiate the necessary steps to acquire fop the City the "Hallow" property, aoproxlmatelv 5~ acres o undeveloped property on the southeast side of Kitsap Lake. MaVor Jamstad stated a meetln~ will be set up with Cc~mander Harlow the early part of next week to discuss p~umehase of this property and try to find out what options are available to the City. He stated he will have more information next week. Cu~,,issloner Schone~aan wondered how wise it is for the Citv to take all available land and not leave any opportunity for developinK~ land for houses. He stated if the Citv continue~ to purchase properWcy like this, there will not be any land left for houses and there will jsst be parks and open space in the corpomate <ltv Limits. MaVor Jamstad stated he is only eonsiderir~ the ~r_ chase of this pmope~ty and he thinks it is wise to look into ii. "OLD" HORTON NURSINC~ HOME HEARIN~ Clerk reported that a date needs to be set for the "01d" HoPton ~Y~Psin~ Hc~e Haapir~; that reports have been sul~n[tted frc~n various depal~U~,ents. Motion bv C<x~nissioners Stewart and Schoneman to set hearing date for "01d" Horton Nu~sir~ Hc~ne on ~ov. 30, 1977 at 10:30 A.M., caz~ied unanimously. SET HEARING DATES - Di~k Rezone, Beckman Rezone and D6yle Rezone Clerk read memo flown plann'~ng Dept., dated N6v. 1' ,~.q77, which--stated hearin~ dates should be set for the above mezones. Moti~gn by Mayor Jarstad and Cc~ssione~ Schoneman to set Dick Rezone Heapin~ and Doyle Rezone Hear- ~-~ on Dec. 14, 1977 at 10:30 A~. and Beckman Rezone Hearin~ on Dec. 7, 1977 at 10:30 A.M., carried unanimously. COUNCIL MINUTES - NOVEMBER 16, 1977 - CONTINUE~ CITY COUNCIL MEETING DAY MayoP Jal"stad suggested changing the day of the City C~uncil Meetin~ fr~m Wednesday to Tuesday, stating this would give the Clerk's and Attorney's offlees mope time to Ret all the woPk out by next Council Meeting. Motion by Mayom Japstad and Con~nissione~ Stewapt to change day of City Council Meeting to Tuesday mo~nings, beginning the fl/~st of the veal, and ~efep to Cii~; Attor~ev to ppepa~e the p~opep ordinance, carried unanimously. COMMISSIONERS ' REPORTS Co~ni~'slone~ Stewart: 1. Sta~tin~ the fipst of ~ecembep, will be a slight incPease of Dapking Pates in the pa~king garage. ~buld like to eliminate the deficit. Daily ~ates will be Paised fr~n $1.~0 to $1.~5 fop all day and 25¢ an hour. Monthly _Dapke~s on 3~d floop will be Paised from ~1~.00 to g18.00, gth floop frcm $1~.00 to $16.00 and top floop fr~m $10.00 to $11.00. Stated if no room fop monthly pa~keps on these three floops, they can papk on any othep floo~ and duping Christmas monthly papkeps will be able to pa~k on any Diamond lot with no additional cost. Stated this is still the best deal in town and this is only the thir~ increase since he has been in office. ~. last week suggested outting dom pegistpation penewals on the compute~. Has been womking with PAWS G~oup and a~e ppetty much in agreement. Talked to Bill Mahan and ~he ~.~unts the C~untw to be in on it too. S~ated it will not cost any mo~e to include the County and he feels he can give them a fai~ deal. He stated the City ~ust has not made the improvements in dog control that should have been made; that he has contacted King County_ and will be wopking with Jim Ryan. 3. Asked Mm. McCluskey if the paPking o~dlnanee fop Por~ Or~har~ will be ~eadv soon. Stated that it would be het~ful to him to have that ch~e because he does not want to peppoKPa~ the cc~pute~. Mm. McCluskev stated his office is woPklnK on the o~dinance. Cx~misslone~ Sc_honeman: 1. Building p~_r~its fop fiPst 15 days of November: 1~ per,its fop a total valuation of ~3,508.193.00. Lapgest per, it issued was fop the B~emer~on-Kitsap Cx~unty Vocational School Bldg. fop $892,71~. 00. 2. Continuing with sewem pro~eet fop the Human Services Bldg. and will ecmolete the project this week. 3. As ~e.~or~ed eapliep, he has been appointed on the Advisopv Board of Deot. of Tpansoor~atlon. First meeting was held last week at SeaTac. The Board is ccmp~sed of well-infor~ed individuals fr~m a~ound the State with approximately ~0 pemsons on the Boar~. The Board is divided into foup g~oups and he choose the committee on highway construction. The ehair~m~n is the for~e~ State Highway Patpol Chief Baehefone~. Theme a~e senatoms and ~epPesentatives on the Boar~. Discussed hazards of highways and the one C~n~nissione~ Sehoneman is oonce~ned with is what is to be done in the way of o~eventive maintenance of the Manette Rpidge. Stated thePe was an en~ineeping ~eDo~t about a month ago which stated that a bpidge lifespan,,is considered to be 50 year~. He undePstood the Manette Rpidge is Peaching that stage. The cente~span was floated ~n duping the yea~ 1,q~9. that .MP. Bill M~r~f of the State Highway Dept. has informed him they do examine bpidges pepiodically fop stpess and stmain and they a~e keeping the Manette B~idge unde~ supveillance. Thepe a~e numerous b~idges throughout the state whepe they have the same ~ry~oblem; howeveP, his contemn is the Manette B~idge, which can be consi-r~cted to a fouP-lane bPidge oP a new bPidge placed thepe. ~. A week ago Monday, he attended a lectupe which %~s also attended bv Helen Gp~ham ~peeaP and she seemed 100% at that time. Then she passed away with a healer attack, which came as a shock. She was ver~ helpful to the City Council. She handled a numbe~ of cases fop the Fight-of-way access for the fPeeway and he had come to know hep pepsonall¥. He peg~etted hem oasslng. Mavom Japstad: Extended sympathies to members of the family of Helen Q~eea~ and fPiends. Noted that she was the attorney fop the BI, emerSon HouslnK Authority fop many year~ and did a good ~ob. SIS - SINCLAIR INLET WASTEWATER FACILITIES PROJECT Clerk o~esented copy of SIS fop' Sinclaim'I~a~e~watem Facilities Project. ~MavoP Ja~stad Pequested it be sent to Wastewatem and an additional copy sent to the City Attorney's office. MJBLIC RECOGNITION Charles Ullock, ']1~7 Lowep Ma~ine D~., was Dpesent. City Clerk ~ead two letteps, the fimst dated Nov. 1~, 1977, from MP. Ullock concerning conflicting Pequlr~ments apoeaPing in O~dlnance Mo. 1799_ and in the Uniform Building Code and made certain Pecon~nendations to assist in eliminating these differences. The second letteP, dated Nov. 15, 1977, concerned the UBC, O~dinanee No. 31,90 and the Appendix in the UBC. O~dinance No. 3190 does not soecifically adopt the Appendix but thepe a~e r~fepences in the Code. His lettem bpought out sevemal chapteps in the '73 and '76 editions of the C~Dde and noted that the City is using the 1973 edition and it will ~e. quipe a change to Omdinance No. 3190 ~o in~ect the 1976 edition. He ~eec~mnended includin~ the ChaotePs mentioned in this o~dinance change. Cc~mlssione~ Stewart s%ated he had been looking at his lette~ of Nov. l~th and be believes scmething should be done. Thepe ar~ problems with mud all ovep the ~oads and he felt certain con- trols ~ needed. He said as fa~ as Chapte~ 70 is eoncemned, he would be glad to get it ~n for~e an emePgency basis through an o~dinance. Noted also thepe ar~ sevepal problems in connection with bulldozin~, Motion by Commissione~ Stew~n~t to at least go fop this Chaptem 70, Excavation and ~ading, and get i- passed on an emergency basis. Motion died fo~ lack of second. COUNCIL MINUTES - NOV~4BER 16, 1977 - CONTINUED Cc~zmissioner Schoneman remarked that the controls are there, but scmetimes can't control the He reecsmended that before a motion is passed to correct scmething, City Council should see what has to be corrected. OJ~ssioner Stewar~ agreed to this but affirmed there are problems. Mr. McCluskey stated th~ his office is about ready to bring in new Building Code 1976 edition fop adoption. It would be an ideal time to adopt the Appendix and change sections or portions. He would like to meet with the Building and Planning Der~tments and see what should be done. Mm. Ullock spoke concerning reeu~,~.endations and the problems that ccme because of the differences on the same subject in the Czx~es and Ordinance. Stated his letter was written to give some examoles conf licking thin~ ~s. Motion by Mavor Jarstad and Ccmmlssioner 5~Choneman to refer both these letters to the proDer staffs ~-~ recc~mendation hack to the C~uncil and should include the City Attorney's Office, Plannin~ Office and Building Dept., carmied unanimously. Meeting recessed from 10:28 until 10:40 A.M. HEARINGS - Goit Rezone, Individual Achievement, Inc. and. ~ackler Rezone MOt~°~ by Mayor Jarstad and Cc~'ssioner Stewart kb" hold' h~-a~zngs~-~sted above, carried unanin~sly. TAPE ~121 C~)IT REZONE HEARING (A) Clerk stated b~ had advertised, posted and mailed letter~ of notification as requlped by law. He read Planning C~isslon Resolution No. ~1 r~e~,-,.ending denial of renuest for zoning change fr~m R-1 to B-3. Clerk then read Planning ~tission Minutes of Oct. 18, 1977 and letters of opposition fr~m Charles R. Ullock~ $elmer C. Paulson ~ Ted and Jean P~llter. Clerk stated 16 advisor~ ballot~ wer~ sent out, 6 retumned with ~ agreeing and 2 disagreeing. Ken Atteber¥, Planning Director, spoke about the proposed r~zone using a colomed sketch. He stated no plans have been pmesented to indicate any proposed use of the oroper~¥. He stated this is a parcel of approximately 1.8 acres and the surrounding land use is R-1 with NAD Park on the north side, across fr~m the site. Q~anission~ Schoneman asked questions about the status of the zoning on the existin~ buildings and the background of the arriving at a present R-1 designation for that which was formerly Kitsap County Cc~me~eial and Mr. Atteber~ gave the information ~equested. Dis- eussion was held concerning the two opinions that had originaZly been given which stated that the ar~a ~s annexed with the 0ounty designation and the late~ opinion that the a~ea w~s R-1 under Stat~ law provisions. May~ Ja~stad stated the right of all par~ies, both residential and c0~nepcial, would have to be recognized, He discussed the right of people who live in the r~sidential area and stated he was concerned with p~oper~F values being increased b~ business designations. Also, the Ma~or mentioned that one of the concerns of the Plannin~ Cc~mission in the ~it application was the fact ther~ was no site plan o~ proposed use. PROPONENTS: Mar~in g~it spoke in behalf of his mezone. He spoke of the chan~e in zoning designation from Oount_~ Co, hernial to City R-1 after he bought the proper~cy. He stated he had letter~ fr~m the Planning Deot. which showed that the proper~¥ was commercial. Stated he was in the process of fillin~ and wondered if he could continue with the fill. Stated be was leaving all the t~ees and leavin~ a buffem zone figuring on the fact he believed it was cc~er~ial proper~y, and noted if it was resi- dential he could have wiped the land clean of all t~ees and barriers. He was under the assumption it was co,hernial until two or three months ago when he applied for a building permit. Stated he had some prospective tenants but no one would cc~mit himself without knowing what is going to happer to the zoning. O~nissioner Stewar~ asked if he ~ould consider eomin~ to the Cit7 Council with site plans and get the Council's approval. Cc~missioner Stewart talked about the point that if the City ~o~ncil gave a blanket r~zone which gives mo~e than the COun~F designation, it would be going uo a~ainst R-1 and perhaps he can ~o~k semethin~ out on the develoT~ent. M~. ~it stated he was willin to leave in a buffer of 25 ft. and ecmpl~ with all building regulations, He stated the ar~.a is wooded for approximately 50 ft. now but by the time he takes ca~e of the hack slope, it will take a little of that back feet but not ver~ much. In answe~ to Cc~nissioner Schoneman's question as to whether or not he would approve of a covenant on the land fo~ onl~ a ~ofessional building, he stated the~e wer~ certain allowa~l~ uses in B-3 that he would be willln~ to waive. Some of them ~er~ discussed, particularly no. 6. Mr. Attebe~y sun~m~ized the uses in B-~ and B-3 zones. Oc~missione~ Stewar~ stated he was in favo~ of ~orki~ out somethin~ fair and he suggested having sone w~itten reecmmendation as to what limits could be on the property. Allen Cla~k, 6713, -15, -21 Kitsap Way, across fr~m Walt's, stated he had ~ust hear~ about the fact his proper~y wasn't eo~ner~ial and he has 365 ft. which was considered business in the ~ount2z and he is n~ concerned about the ~uling ~h~t has come uo. Stated he has been ther~ since 1~3~ and h~ is r~ally concerned about three pieces of proper~¥, one of which has a City pump station on it. Stated he has 365 ft. on the highway less a 20 ft. easement. Stated he had some people negotiating east of the cold storage locke~s and service station. He thought 250 ft. b~ck was zoned business and the lake proper~v was residential. Mayor Ja~stad stated his advice for him was to star~ the Drocess of i re zone. Robert Backman, 6116 ~itsap Way, stated he is in the same gn~oup as this man; that he had bought the properly/ as cc~mepeial and that is what he paid for. Stated he had talked to a number of oeoDle along the a~ea ~nd none knew or were notified that they had lost or down~aded the zone. Ma_vor J&r Japstad said if the procedure was followed that is followed n~, a ~ener~l comor~hensive plan would have been adopted for the a~ea by the Council prior to the application for rezone. If this was done the proper zones could have been applied b~t t~er~ was a conflict with the State law ~t the time. Mr. ~oit suggested tablin~ for one week and give him a chance to review what is being talked about; COLBTCIL MI~rfES - NOVt~.~BER 16, 1977 - CONTINUED that he will look through the B-2 and B-3 designations and be better ore~a~ed. OPPONENTS: Charles Ulloek, 1137 Lower Marine Dm., stated he was neither for nor against the rezone and dis- cussed the aspect of an EIS and Ordinance ~[o. 3,~Q6, Section W, which he read. He stated there were not enoughtfacts available at this time to make a sensible non-significant impact statement. He believed that no designation of non-siKnlficance should be made until the Council can see Dlans and if a non-significance is made now~ it would oreclude chan.~inK in the future. Anne Maloof, 278 Kitsap Lake Road ~, stated she was the onlv one omesent speaking for the Kitsao Lake area residents and Kitsap Lake Envirormental Association. Discussed a number of homes adjoin- in~ and neap the oropertV involved and stated there is no one who is oopos~n~ a business develormen' in that area. Suggested that almost everythlng at the Kitsao Iake Junction can oDd, ate on B-1 zoning; that the Maole Dale Trailer Park could ooerate in R-1. ~[Oted that the Kitsap ~xpuntv designation was business-~eneral and this classification in the County did meview what could be proposed to be out on the oroDertv. She discussed the fact that the law did not specifically state there should be a buffem zone and s~de screening. She noted there was dangerous t~affic at the ¥~ ~hoped that there ~uld not be lar~.~e strip zoning on KitsaD Way. Suqqested it vmuld be. nice if there could be access made behind the ~roeerv store so caps could Dull in behind the street. She was in agreement with the opinion that the area should be R-1 so evervone gets a change to take another look at the area. She said that the entire area would be downg~raded if this came in as B-3. She discussed olanned conm%unitv development. Stated she would ~refer B-1 as less restrictive for ~ the whole area and then have it based on site Dlans and aoollcation to the Planning ~ission. Signet Baekman, 6116 Kitsap Way, stated ~here was a difference between Mrs. Mal6of%s statement and the President of the R/~ouo who stated to the Planning Cx~.ssion that the area could go to B-2. Mrs. Ma!oof stated that the Kitsao Lake Environmental Association was talking about a blanket B-1 with B-0~ uses where they fit in. There was scme discussion reKardlnK rmttinK~ people under oath and Cc~miss[oner Stewart stated he favored this. Motion bv Cc~m%issioners St~.~Tart and Schone3nan t~hat peoole ~o under oath. Under discussion: Mayor ~7-~d questioned this motion at this time and Mm. McCluskev stated that since the Council was in the middle of the hearing, it would be hard to change at the time. This should be done at the starJ of a hea~in~. Also, theme would have to be the determination whethem cross examination ~ould be allowed. After discussion, Cc~issioners Stewamt and Schoneman withdrew their motion. Jean Balter, 611~ Elaine Ct., stated she is opposed to B-3. Stated there are hDmes behind Star~~ Rentals and those people don't think B-3 is c~noatible with the whole area. She stated ther~ has t¢ be setbacks and side sereening~ and trees. Stated they bought their propertv 20 years a~o and would stand to lose if allowed without screenig, etc. Stated this s~uld be enforced on anv zonin~ and not allow someone to come in who can't be stooped without a court order. She recommending writin~ the restrictions in so a new owner would know they existed. Stated traffic was very hca%n;. Jim Stmait, 6530 Harlow D~., stated he was an old-tlme Umooerty owner and the first think he knew was that a portion of his property was ecmmer~ial, which the ~DuntV did arbitrarily. Stated he ~ompletely opposes strio zoning; called attention to some problems of the fill being placed over a drain and he had taken the former Planning Director to see it and he was assu~ed this would be fixed. But later ~ checked the drain on Marlow Drive and it was drainin~ to Kitsap Lake solid mud. M~d has filled a drainage area and n~ has turned it into a swamp area behind his house and it is a catch place for mosquitos. He discussed the traffic and stated any traffic-Kenepatin~ business would be a problem to the area. Jean Balter stated that they are not out ~o shut down businesses, but the peopt~ definitely want th~ businesses to be ecmpatlble with the neighborhood. Don Shultz, 7015 Kitsap Way, stated he ~rked for Marry Goit and he ~ndered what would hapDen in the future if the prope~tv is zoned as R-1 to the 25 ft. or 50 ft. o[. green belt. There ~,ould then be quite a mess on the site for the surToundin~ houses to view. Co nmissioner Stewart stated it looked like people are willinq to coooerate on each sid~ and the Council does not want to work a hardship on residential p~operty or the others who have cc~mer~ial. He stated the City had acknowledged that at one time. Mrs. Maloof asked for an evening meetipg if this matter was continued. She suggested some type of ccmprehensive plan so evemybody will know exactly the zoning classification on each oamcel of proper~y. Mrs. Ba!ter asked about Cou~tv ~Po- pertv and Mayor Jarstad s~&ted that the Cil~; does not have anything to do with it. Commissioner Stewart suggested the Cit~; can work with the County. Motion by Mavor Jarstad and Cc~missioner Stewart to ~ecess this hearin~ to a future date for which C1-/-t~--7~.ouneil will ~ive OroOer notification of the time. Mr. Goit stated he was negotiating with scme potential buvers and this action would olace some hard- ships upon him. Stated he could see where this could be draffed out for six months or a year. Mavor Jarstad stated that the Citv is ~oing to look at the whole area and that thev ape Koin~ to take time with this which could take two or thmee months; that through negotiations with residents and meetings with Citv Coundil, scmethin~ compa~ tible that no one will object to can be aecomolished. Purther discussion was held about what to do with Mr. C~it's rezone request aDolieation. Cx0mmiss~on Stewart advised Mr. ~it that he should come in with some ansm~em in connection with makin~ Mr. Strait's proF~r~y a mamshv amea. Motion by Mayor Jarstad and Ccmmlssioner Stewart to recess hearing for two weeks and look into his problems, carried unanimously. COUNCIL MINUTES - NOVEMBER 16, 1977 - CONTIN[~D Question was never called on original motion; therefore first motion was not 9assed. Meeting recessed from 12:25 P.M. until 12:30 P.M, TAPE ~121 INDIVIF/3AL ACHIEVEMFNT, INC. SPECIAL USE PERMIT HEARING (A) 2100 Clerk stated he had advertised, posted and-mailed letters of notification as required bv law. He then read Planning Co~Tnission Resolution No. 434 recor~nendin~ denial ~ Planning Ccnmlission Minutes ot Oct. 18, 1977. Clerk stated 39 advisory ballots had been sent, 27 returmed, with 4 a~reein~ and 23 disagmee~ with the proposal. Clerk then mead letter f~om Johnnie amd Diana Harris, dated Oct. 1977, which explained the purpose of a g~oup home and their Meals for this. He read letter from Donald J. Horowitz, dated Nov. 11, 1977, which explained the governance of group homes and foster hemes. Clerk then read.-letters from Hanna Herreid, Leo Perry, Mrs. qladvs Stillman, Mr. and ~rs. Albert Pete~son, Mr,. g Mrs. Robert Geor~e~ Rhode g G. H. Gage, Mrs. H. Rvbarc~;/%, Milton and Marcel[ Stillman, Kenneth & MarKet Swingle, Kathleen Richardson, Mr. S Mrs. James Walker, Hannah Herre~d, Leo Per~, ~s. Lillian ~Y~nt, Clinton Blomberg, Mr. ~ Mrs. James Thompson, Mrs. Calvin McDonald, and Mr. $ Mrs. Alfred Hull with a petition attached with 8~ names signed, all opposing the Special [;se Permit. Ken Attebery, Planning D~reetor, spoke about the Special Use Permit and read the Staff Review. He stated the proposal is fop a Special Use Pe~t for the establis~ent of a Group Home in an zone; that it will house fr~m four to not more than ten minor wards of the eoumt. PROPONENTS: Johnnie Harris, 12657 NE 109th, Kirkland, spoke about the Group Hcme and gave his back, round in psychology. He stated he works with people to help them feel better about themselves, and they in turin feel better about others. Stated he has worked with criminals and release pr~.~r, ams for three years, and of 389 People who have been paroled, only ten people have con~aitte4 more crimes and been retumned to prison. Stated he speaks at meetings as often as is possible or wherever he thinks it will help. He stated how a Derson functions is how he feels about himself and one of the things th~ public is ~oin~ to have to do is not sweep problems under the ru~; that ~Dutting youngsters with problems out in the country w-ill not solve their problems. He stated further he will continue with this tvpe of Krogrram whether or not this Special Use Per, it is a~pmoved. $~oke about having the ~roup Home located ~lose to the high school and stated he might be of some help with discipline pro- blems if this permit were approved; that he would be available to give ~uidanee and helD. He stat~ that he felt the n~ighbors weme condemning them before they have been given a chance and he asked the Council would approve even a temporary, permit for three or even six months. Commissioner Stewart asked if anV of these voun~sters have oc~mitted crimes, and Mr. Harris again explained that none of the children who would llve in the Group Hcme would have been in an institution; that they are not delinquent. OPPONENTS: Leo Perry, 1515 High St., stated there are already four other Youth Hemes in the area and he does not feel another one is necessary. Stated he felt these children should be housed in a foster home so they have the advantages of a ho~e life. Elton Stillman, 8042 ~q Wildcat Lake Road, stated he not opposed to what Mr. Harris is proDoslng to do, he just feels this is not the Drope~ place for a Group Home. Robert ~eo~ge, 1526 Pennsylvania Ave., stated there is not ehouKh space in the yard fo~ this many childmen and feels the size of the yard has been mlsreuPesented. Mr. Atteberv agreed the lot is 76" wide instead of 102" and he stated that in the preparation of the mail-outs, the maD ~s incorrectly done. Ken Sw-lngle, 1811 15th St., stated the house does not have enough room and the yard is not large enough for this many children. Mayor Jarstad stated that the testimon[v was almost 100% desire not to approve the Special Use Permi~ Motion by Mayor Jamstad and Cc~missloner Stewart to concur with Planning Cc~nission and deny request ~6-~cial Use P~it for a Group Home, carried unanimous!,,. C~ssloner Schoneman left the meetin~ at this time to attend a funeral. ~APE ~121 HACKLER REZONE HEARING (B) Clerk sta~ed he had advertised, posted and mailed letters of notification as requlmed bv law. Clerk read Resolution No. 420 reec~mendi~, denial and lettel~s of OpPOSition flown MrS. Geraldine TanKen, Alfred and Olga ~bld and a petition signed by Robert Johns and 13 other residents of the area. Clerk stated 47 advisory ballots had been sent, 21 returned with 5 aKmeelng and 16 dlsagmeelng. Ken Atteber~, Plannin~ Director, ~ave bao~d of the application and stated this was before City Council a n~nbeP of months a~o when only the west side of Mr. Heckler's propemtv was included. He has now enlarged the proper~y to include the pc~tion on which his private house stands. He pointed out the location on a mad which showed the uses and stK~round[ng r~ooemtles. Discussion was held as to the disposition of storm water and sanitary sewage and answered questions fr~n C~isslone~ Schoneman. PROPONENTS: Herren Hackler noted that he is negotiating for an easement south and also has a verbal a .~r~ement tc utilize the p~er easement nor~ah, Stated that prior to comin~ to the Planning Cc~mlssion, he had ec teated 39 residents and many told him they were for his apQlieation and later theV turned against it OOUNCIL MINUTES - NOVEMBER 16, 1977 CONTII~3ED At the Manette Neighborhood Meeting only six people showed up and he discussed the application with the Executive Committee, He could not get a recommendation and they told him they would not object to it. Stated he had a meetinK with neighbors and did not resolve a thing. Robert Banghart~ with offices at 537 Fifth St. ~ spoke for the applicant at great length, eove~ed backgrround and pertinent points in depth (tape is on file). Co-~.,,~ssioner Schoneman re-entered the meeting at 1:50 P .M. Some of the topics discussed by Mr. Banghart were density, proposed deeding of then ft. of property to widen East 19th, increase of taxes to be paid, increasing the value of other properties in the area, using less of the area than a building in R-l, the buildinK will not affect the view, aesthetics of the buildlnK and the site which he ~ald will be pleasing. He stated that the Street Dept. had no objections. Als stated that scme of the people are using East 19th for sto~age of RV vehicles. Also discussed the exit from the property which would tend to send the traffic out to go on Winfield rather than over to Percy Ave. Said that the water pressure is sufficient. He c~mnented that they had the anpllcation remanded so they could have the entire area rezoned but sti] limit the area of use and still retain for a green belt. Have reduced density from 20 units Der ac~ to 9 units per acre. He sun~aarized by saying they will deed 10 ft. for right-of-way and they will have adequate water and sewage connections. He stated they pre, er ?~ units in one buildinK with a broken roof line rather than two or thr~e buildln~s, there will be adequate oarking and theme will be picnic tables and a place to play volley ball. Also said that these apartments will not be for low renters. Read five conditions regarding the site. He showed several proposed plans for the buildinK. In answer to Berenice Root who asked how much land would be covered bv the rezone, he 9ointed out on a plan where Mr. Haekler's residence was located and stated that portion would be limited to a slnKle-family dwelling and indicated what they are proposing to build with a covenant. Mrs. Root was concerned about future use and the possible change of use of the property and Cc~nissioner Stewart stated that the City could put a covenant on the rezone. .Mr, McCluskev commented that it would be permanent unless all the neighbors within 250 ft. a~reed to a chang~e in the future. OPPONENTS: Bepenice Root, 1819 Winfield, stated they own six lots, three bv his proper~cy and another thr~e around the cor~er and she was against the rezone, having enough a.~ar~ments in the ar~a now and the traffic is bad at the co~ner of East lgth. She again stated she was eone~a~.~ed about ¥~per~v changing hands and gettin~ a large apartment building on the property. She cc~plained that ther~ wer~ too many a~artmen~s in the a~ea:~and they would like to have the neighborhood preserved. Dis- cussed the p~oblems with l-~affic on Winfield and Wheaton and notices that the traffic is much mo~e than a few month ago. She asked what M~. Heckler's plans were ~egardir~ the bulkheadir~ and he answered that he has been considemin~ putting in a retainin~ wall for s~netime and it does reauL~e scme coo~t~_pation between neighbors; that he did not propose to put the retaining~ wall four ft. hack of his property line and would want to put it as close as possible - on the line. It would entail disturbing some of the ~oot systems of the trees. He described the bulkhead being considered and s~ated it would be made of reinforoed concrete. Mrs. Root stated she did not see how he was goin~ to improve the neighborhood and Cc~nissionep Stewar~ stated under the R-1 zone, dupl~s could be built. Mrs. Quimbly, 2137 Highlands Ave., ecmplained of traffic fr~m apartments in the area. Stated East 19th was considered a one-way alley. Co~missioner Stewar~ agreed there will be an impact fr~m that proper~y. He stated if City Council does not do something then sonething else will happen and he would like to work somethinK out that will be less of a orobl~n ~athem than duplexes. Mayom Ja~stad stated open space can be accc~plished by the City Council in its motion that a covenant be placed that the open space r~main. 01ga Wold, 2109 Highlands Ave., stated she was opposed to the tv~e of building and the traffic with a narrow street and she does not like apartments in her area. Oommissioner S~ewar~ stated that the restrictions could be dra~n up in ~iting. All residents could come and look at the document and this hea~ing could be recessed and do this next week. Motion by Ccmmlssioners Stewar~ and Sehonem~n that the restrictions be wpil-~en up and made available ~--~hat has been discussed today, b~oken ~oof line, location of the building, bulkheading and other restpietions and the hearing be closed and make a decision at 9:~0 A.M. next Wednesday, cappied unanimously. B%LLS ~-----~n by Con~aissioner Stewart and Mayor Ja~stad to give blanket approval of vouchers 15~1 l~elusive in the amount of $~2,~19.57 and vouchers 01512 th~u 05188 inolusive in the amount of $35,76~.50, audited by John Ross, carried unanimously. RESOLUTION N0. 17~ - 144ITE'S BIUE~ERRY ~FARM FUNDI~ ~iemk read, ~'A RESOLUTION aufh0~izin~ applieati~' for funding assistance for an outdoor recreation projec~ to the Inter~gency Cc~mi~tee for Outdoor Recreation as ~ovided by the Ma~ine Re,cation Land Act and the $~0,000.00 Outdoom Recreation P~nd Issue of 1972". Motion by C~nissioner Stewar~ and Ma_yom Jarstad to approve Resolution No. 17~, Carried as follows: M~yom Ja~stad, yes; Cc~missioner Stewart, yes; ~m~uissioner Schone~n, yes. COUNCIL MINUTES - NOVEMBER 16, 1977 - OONTINUED NOTICE OF AWARD - MOSS Construction Co. ClePk read copy of letteP to Moss Construction Co. frcm City Engineer, dated Nov. 1~, 1977, which gave Moss Construction Notice of Aw~d fop the Wheaton Way, Broad to Riddell, Pmoject. Motion by Commissioners Sehoneman and Ste~%lmt to approve NOtice of Award to Moss Construction E~discussion: Cc~nissione_r Schoneman,. stated Moss Construetlon will be. Kin Nov. 24, 1977 and will have 180 days to cc~nolete the oro~ect. Mo%ion ear,led unanimouslv. ABILLE REPORTS Clerk announced that reoorts had not been received frcm Engineering or Building Deoartments on the Abille Land Use Restriction Cc~pliance. He stated a re~ort has been received frcm PlannlnK. ~otion by Co~missioner Stewamt and MavoP Jarstad to renind Engineering and Buildin~ Oeoar~nents to brlnK~in a written meport concerning the ABille matter, carried unanimously. Meeting adjourned at 3: 0~ P A~proved: Approved: ~lenn K. Jarstad Q~a,vor PR: