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HomeMy WebLinkAbout12/07/77 UNAPPROVED .,INUTES COui'Viy:- t MINUTES OF THE CITY COUNCIL December 7, 1977 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, on Wednesday, December 7, 1977, at 9:00 a.m. with Mayor Jarstad, presiding. Also present were Commissioner Stewart, Commissioner Schonaman, City Clerk Yeadon, Asst. City Attorney Sexton and representative of the press. //'~SAUNA PARLORS Mr. William Amo, 238 Willow, asked about the ordinance coming on for second reading today concerning health checks for those working in public in connection with communicable diseases. After hearing the explanation given by Commissioner Stewart, Mr. Amo understood the intent of the proposed ordinance and was satis- fied with what was being proposed. STATUTORY BUDGET HEARING: No one was present to offer any comments. Commissionerr,stated he had met with the garage foreman and Mr. Motringer, Street Superintendent, this morning and the suggestion is that if the City Council is going to attempt to reduce the budget in that particular area (City Municipal Repair Garage) that a position can be eliminated in the forthcoming year and the work can be done by the foreman in purchasing material and in keeping records. This would be a savings of $10,000 to $12,000. Conmissioner StewaEt commented it would be more than that. Commissioner Schoneman stated further that the two super- visors feel the Job is not necessary not doing a mechanical repairs Job. He stated he would like to meet with the Council on this reconm~endation. Mayor Jarstad stated that Mr. Motringer had said he wanted to get back to the commissioners. Also, the mayor stated a CETA job has been approved for a warrant server and has been funded which will give the city a nine-month position and will give a time period for trial of this civilian server. $12,000 was appropriated and $7,000 will drop off. Motion by Mayor Jarstad and Commissioner Stewart to close the hearings at this time and proceed with the regular order of business, carried unanimously. '-..INVOCATION AND PLEDGE OF ALLEGIANCE After the pledge of allegiance~stor'~from the Free Methodist Church gave the invocation. SEPARATION Charles Krumheuer, Wastewater Oper. II, 12/11/77. Clerk then read two letters: First from Mr. Krumheuer suggesting bringing the wages up to prevailing standards and the second from Dr. Don Proctor offering to assist the City Council in working out an acceptable plan for upgrading wages.~Mayor Jarstad suggested that the federal government should pay any extra costs because that is the body that is allowing high wages in the PanAm Bangor contract; also, it was noted that the benefits, other than air travel, are much better for city employees and the PanAm contract ~a for two years which could mean loss of employment for their people if they lost the contract in the future. Motion carried unanimously. CHANGE OF PAY STATUS Michael McIntyre, Serviceman II Step "A" to Step "B", $1005.96 per mo., 12/12/77. Motion by Mayor Jarstad and Commissioner Stewart to approve the change of pay status, carried unanimously. PAYROLL VOUCHERS Claim Fund, Period of payroll ended Nov. 27, 1977, FICA, bank service fees and one stop payment fee, $4,821.26; ~alary Fund for same period, Gross Payroll $159,720.57; both audited by John R. Ross. Motion by Commissioner Stewart and Commissioner Schoneman to approve the payroll vouchers, carried unanimously. -1- ~Insert: Motion by Mayor Jarstad and Commissioner ~cho~en!an to approve separation. Under discussion: CITY COUNCIL MINUTES Deccabet 7, 1977 Page two LICENSE APPLICATIONS For Blue Moon Tavern, 6812 Kitsap Way, Music Machine and Dancing and Entertain- ment, both approved by Asst. Chief of Police Kvistad; for transfer of licenses. Motion by Commissioner Stewart and Mayor Jarstad to approve the transfer of licenses, carried unanimously. VOCKRODT SUIT (Charter House Association building) Clerk stated a suit was filed yesterday on the mayor and a copy has been sent to the city attorney, planner and building dept. SURPLUS - CALCULATOR Clerk stated he had a memo from Commissioner Stewart to authorize the City Clerk to dispose of one Craig Calculator, Serial 44419 to the best interests of the City. Clerk commented he understood the calculator was not working properly and could be considered Junk. Mr. Stewart stated it would work if plugged in. Motion by Commissioner Stewart and Mayor Jarstad to declare the calculator surplus and authorise the City Clerk to dispose to the best interests of the city, carried unanimously. Meeting recessed for a birthday cake and coffee in honor of Mayor Jarstad whose birthday is today. Recessed from 9:45 to 10:05 a.m. COMMISSIONER'S REPORTS: Commissioner Schoneman - 1. Wished mayor a happy birthday. 2. Building permits issued in November: 33 permits, total valuation $4,220,857°00. 3. Will be playing "Happy Birthday" for the mayor today on the carillon bells. Asst. City Attorney Sexton - 1. Both Bob Hatch and Mr. Archuletta will be in the city today at noon and will be meeting with the commissioners at 4:00 p.m. in these chambers for a ~ublic meeting at which time he will discuss the downtown redevelopment as it appears in this initial ~resentation. Upon question of the City Clerk, Mr. Sexton stated this would not be a regular recessed meeting of the City Council but a public presentation to interested persons, which will be taped. 2. Will have a report on the status of the residential preferential parking recommendation but noted that obtaining a copy of a high court ruling often takes considerable time to secure. City Clerk - 1. Thanked the co~issioners and others for making his retirement dinner such a successful affair. This was held at the Cu~issione~ Officers' Club in the PSNS last evening. Mayor Jarsted - 1. Fire Dept. report for November 1977: 227 alarms; estimated building loss $29,200; contents loss $1,475. No deaths due to fire. Two injuries to our firefighters. Cautioned people on fire safety at this time of year especially with use of Christmas trees. 2. There has been circulated to the commissioners a memo from the Planning Director on their work element; hope the commissioners will look at this which gives their goals and obJec[ivea for 1978. It is noted that the Planning Department has a heavy workoad. COONTZ NEIGHBORHOOD PARK BID Clerk read memo dated Dec. 7, 1977, from Ray Foley, Supt., P&R Dept., which stated he had received a call from the ORB planners and they recommended that the Phase I bid be awarded to Aldrich and Herdman, Inc. of Belleview, their bid being $22,500.00, which includes the site grading, irrigation installation and float valve. City estimate was $21,000. Confirming letter will follow from ORB. Motion by Mayor Jarstad and Commissioner Stewart to accept the recommendation of ORB and Park Supt. and award to low bidder on the Job, carried unanimously. -2- CITY COUNCIL MINUTES December 7, 1977 Page three HYDRANT RENTAL IN TRACYTONAREA Clerk read memo from Water Supt. which stated the Tracyton District has notified that they will no longer pay hydrant rental to the city. Mr. Sexton had given the department three options, letter attached to the memorandum, and Mr. Wayne Olson of the district was contacted and he said the district would pay for repairs but no rent. Recommended that the City Council direct the attorney's office to meet and negotiate with the new combined fire district and get the hydrant rental program back in operation. Motion by Conmissioner Schonaman and Mayor Jarstad to follow the recommendation of the water superintendent and meet with the members of the fire district and notify them that this is a must in accordance with the agreement that has been signed and Commissioner Schoneman will be in attendance at the meeting, carried unanimously. OLD COMMUNITY THEATRE BUILDING Clerk read memo dated Dec. 6, 1977, from Ray Feley, Supt., P&R Dept., which requested that the building be disposed of in the best interests of the city; that it is an old building, a fire and health hazard, and of no further use to the Parks Dept. Alternatives for destruction: That the Parks Dept. and Street Dept. remove; or a contract be awarded for demolition and salvage. Motion by Mayor Jarstad and Commissioner Schoneman that because it is such a small Job that the Park Dept. and Street Dept. remove as a fire and health hazard, carried unanimously. MUNICIPAL AREA #4 Clerk stated that following last week's meeting he had checked the deed from U.S.A. and found that there vere no restrictions shown on the deed concerning disposition or sale of the land; and will now proceed to obtain appraisals. SAFETY MEETING REPORT Clerk read letter dated Nov. 28, 1977, from Great American Ins. Company con- cerning the attendance and business of the last meeting held Nov. 17th. FIRE DEPT. REQUEST FOR EXCEPTION TO VEHICLE MARKING Clerk read letter to the Mayor and Council from Fire Chief Meigs dated Dec. 6, 1977, requesting the Fire Prevention Bureau vehicles be exempted from the distinctive decals required by state law because they are us~for investi- gative work and it is important that they be unobtrusive as possible. Motion by Mayor Jarstad and Commissioner Stewart that vehicles in that division be excluded from that require~a~d refer to the city attorney for preparation of the proper ordinance, if in his opinion it needs something further than a motion of the City Council, carried unanimously. ORDINANCE NO. 3397 (Communicable Diseases) Clerk read Ordinance No. 3397, second reading, title only, "An Ordinance pro- viding for periodic examinations by Bremerton Department of Health of massage parlor employees for communicable diseases." Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3397, on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. KITSAP COUNTY RESOLUTION re: Regional Criminal Justice Supervisory Unit Clerk read the resolution (No. 540-1977) and after short discussion the mayor asked that a copy be given to the commissioners for study and it be brought back on the agenda next week. PARKING FACILITY - SECURITY Mayor Jarstad stated he had talked to CommiS~oner Stewart concerning security in the parking garage and, since this is in the area of public safety, he was concerned that protection be offered; also, that Commissioner Stewart wanted the authorization to do some of the things he has proposed, i.e. closing of one of the stairs and installing some type of screening to keep people from being able to enter or leave from Fifth Street level. Also, he~interested -3- CITY COUNCIL MINUTES December 7, 1977 Page four in obtaining security personnel. Motion by Mayor Jarstad and Commissioner Stewart that he have that authority and proceed with those features and approve that security, carried unanimously. PARK BOND ISSUE County officials are talking about going back on the ballot for park bonds. Would like to give the county ample time to recognize the fact that the city will going back, also. Hoped that a meeting can be arranged between the city and the county so a bond levy can be arranged without conflict with the county. Also, a fire station is still needed on the east side and that may be placed on the ballot. BACKMAN REZONE HEARING (just before 2300 on the tape, side #1) Motion by Mayor Jarstad and Commissioner Stewart to hold the hearing scheduled today, Robert and Signe Backman, carried unanimously. Clerk stated he had advertised as required by the ordinance; then read Planning Resolution No. 437, reported on the confidential advisory ballots, and stated he had no new correspondence in the file. Following this the planner gave a resume of the staff review and discussed the area using a colored map. At this point Commissioner Stewart discussed a field trip he had taken with a resident in viewing the mobile home court. Mr. Sexton indicated that he had violated the appearance of fairness, recommended that he leave the room and abstain from the hearing. Commissioner Stewart stated he would like to make a statement later as a citizen and departed. Mayor Jarstad called the attention to the fact that the applicant should no doubt be aware if the area was rezoned to B-3 the fire zone (No. 1) would not allow the court. Mr. Attebery explained that it would be in fire zone #1 and not allowed unless they complied with the fire zone and he had dis- cussed this with the assistant fire marshall who informed him it would not be impossible for a mobile home court to comply but it would be a monumental task. Connnissioner Schoneman stated probably every home would have to go out because they would not meet the fire codes. Mayor Jarstad wanted to know if the applicants were informed of this and planner stated they got the information. Commissioner Schoneman wanted to know if they understood this and planner stated he did not know. Mr. Sexton con~nented they should know because of the affect on the mobile home court. PROPONENTS Mr. Robert Backman, 6116 Kitsap Way, owner of the Mapledale Mobile Home Court, was asked by Mr. Sexton if he understood the concern over the fire zone #1 affect and explained in detail. Mr. Backman asked if there was a "grandfather" clause and was advised not on fire codes by Mr. Sexton. Considerable discussion followed concerning how the fire code became applicable and Mayor Jarstad gave an accounting of the fire codes as they related to zoning classifications. Mr. Sexton asked Mr. Backman if he wanted to proceed with the zone classifica- tion with the knowledge he has Just received. Mr. Backman discussed this and also B-2 and the fire code. Then he discussed the attorney's opinion letter and the need for mobile home courts. Mr. Bachan had stated that the city did not want mobile home courts to which the mayor replied this had never been the policy of the city. It was suggested by Mr. Backman that the hearing be stopped until the Fire Marshall is called in. After discussion the message was sent for him to come to the meeting, but the meeting continued. Following this, Commissioner Stewart came into the meeting and discussed this and the other commissioners' contacts with the Ron Ross Rezone and he wanted to know why he had been allowed to remain -4- CITY COUNCIL MINUTES December 7, 1977 Page five in that hearing and was not allowed to remain in this hearing. This matter was discussed and the Final result was 'that Commissioner Stewart again left the meeting. Prior to leaving, Mr. Sexton advised that the commissioners could go out and look at a proposed fezone but should not go with a proponent or opponent. Mrs. Maloof stated as a representative of the Kitsap Lake Environmental Association and some residents, they were not opposed to Commissioner Stewart remaining in the meeting. Further discussion was held on the "appearance of fairness" doctrine and some clarification was given by Mr'. Sexton. Robert Backman, 6116 Kitsap Way, filed with the City Clerk a copy of Ordinance No. 2747, area sketch, copy of letter of Planning Director dated Sept. 27, 1977, copy of letter to Planning From Gary Sexton dated July 27, 1976, a copy of excerpt of State Law and Finally a document called "procedure for zone reclassification". Mr. Backman gave a history of the zoning in his area and stated there desire was to have the City Councl] approve a zone which is similar to that they had in the county prior to Mr. Sexton's opinion. Many points concerning his trailer park operation and improvements were discussed: location of trailers, screening and improvements. Meeting recessed From 11:30 A.M. until 11:45 A.M. Mrs. Backman, 6116 Kitsap Way, discussed the mobile home court, screening and lay of hhe land. OPPONENTS Mrs. Dan Eder, 6102 Elaine Court, spoke at length concerning the history of the mobile home court and the area it uses and the surrounding areas. She stated that she has no objection to the City coming in and adopting a comprehensive plan for the purpose of enhancing the area which would normally be done before the area is annexed. Mrs. IEder discussed the past ownerships of the mobile home court. She stated the water department report of "no ob,icction" did not seem to be correct because she has severe water pressure problems. She said that there was no ingress and egress laid out or a site plan for the 250 ft. being requested for fezone. She stated she understood there was a sale pending on every piece of property on Kitsap Way if the zoning goes through. Stated that a mobile home court could operate in an R-1 or R-2 area or in a B-] or B-2 but a B-3 is the highes~ degree of zoning and it would be right next to a residential area with~strictions, setbacks, etc. She asked the City Council t~ consider zoning this to a lesser degree of business, B-i, which would allow the mobile home park to operate. She asked also when the Council could give the residents some kind of idea as to when the mobile home park is going to come in and apply for a permit to operate in accordance with section 305. She said she would be happy to have the property revert to county zoning because they required 50 ['t. of screenin, '~Lhe city only required 10 ft. on all sides. She slat t s ed .he city should b of the property involved in the former county zoning rather than just one. Sh~submitted two letters which say the same things and she stated they bear the signatures of 36 people in the same area, all of whome have lived there at least 20 years. These letters are in opposition to the B-3 zone request. They raise the question of a need for site plan and ask when will the applicant apply for a permit to operate the mobile home park. Mrs. Eder stated that 4f the Backmans purchased their property at a time when it was known by the foraler owners that Mr. Sexton's letter opinion had been made, then they may have sold under false pretenses to the Backmans. Concerning the fire zone Mr. Sexton stated in reading the fire code requirements, it appears that the code would bring it in as #2 zone. Mr'. Sexton stated he had asked Mr. Horton, Fire inspector, if mobile homes would meet the code requirements and he 4ridjested they would not. Fire Inspector ltorton stated concerning District #1 that is correct: based on Ordinance No. 12OO dated 1958. Mr. Morton went on to state that there was another ordinance printed in the Municipal Code which gives other inFormatlon and he read out cf 17.O81.50. lie stated that in order to deFlnitely determine which type of Fire district the mobile home court would be under will depend on a study in depth and depends on occupancy classi fications. He talked about the application of the fkre zones. Mr. Sexton asked him if Frem his personal experience CiTY COUNCIL MINUTES December 7, 1977 Page six arid knowledge of the area, did he think the mobile homes there would meet the standards of fire zone #2. Mr. Hotton described the mobile homes and said he doubted if they would meet Fire zone #2. He explained why he felt this way. Mr. Hotton suggested that under the later ordinance printed in the code, that the mobile home court would come under fire zone #2 instead of fire zone #1. Jean BalLet, 6114 Elaine Court, slated they had had a hard time to keep the buffer zone around the mobile home court. She stated there was no site plan and there is a prospective sale. Stated [f it was given a business zone, the only remaining driveway through this area would be in the part being sold. She felt there should be a site plan For the entire area and stated that heavy business is not compatible to the area. She said the entire acreage must be considePed. She noted there are mob[to homes tbat are not 10 ft. apart and one is not more than three ft. From the other. She said the plot plan has to be for the entire area and she said they don't want a B-3 or B-2 and B-I would be the only zone compatible with the entire area. Jmnes E. Kerson, 1725 Lakehurst Dr., submitted a petition opposing B-3 containing 62 or 63 signatures. The petition asked For the application to be denied. Mr. Kerson read the preamble to the petition for the record. ,John Brownlee, 6220 Maple View Drive, submitted a petition containing 27 signatures and read the preamble to the petition. He stated the main objection is that the application has been made without any plan. He is concerned about future develop- mcnt, such as a cement factory that might be put on this property. Stated he has screening problems between his house and the court. R. Osierhouse, 6013 Kitsap Way, stated he had purchased the property between himself and the court and he is concerned about B-3 in the Future. tie is not exactly For B-3 zoning. He thought Lhc Backmans had done a wonderful job of cleaning up their property. He said the trailer court is not bothering him but under B-S, construeLion could be placed right up to thc borders of the land. tie was concerned about access to the trailer court jf the property went to B-3. He thought that this is a kind of spot zoning. He wondered how Star Rentals got in there. lie finally stated he was against B-5. Mrs. Anne Maloof, 2?8 Kitsap Lake Road NW, representing Kitsap Lake Environmental Association, stated they do oppose any B-3 zoning in that arcs. Gave some of the background of the area and talkcd about the comprehensive plan. Talked about work done on preparing a comprehensive plan through committee meetings and questionnaires. She stated a cumprehensivc plan was adopted by the area to discourage influx of business, etc. She stated there was overwhelming objection to B-2 and B-3 and most would like it to remain R-1. She sajd they were assured that the business would riot be beyond Lakehurst Drive. They are concerned about "strip" zoning. Thought maybe some further study should be made since the comprehensive plan has not been adopted by the City. Perhaps now should go back and start all over again. The people of the associahion and area would endorse a plan of this type. They would like to see the area upgradcd, which would not be possible with B-3 zoning because eventually the whole area would go B-3. She suggested an area on the north side of the highway could be developed for controlled business area with proper highway turn-off to eliminate a real dangerous situation. Also, there wasplenty of room For an access road which would keep cars from crossing over the centerline of the highway. She noted what would happen to residences after zoning takes in 250 ft. There would be business right down to people on Hatlow Drive, and they are entitled to get business zoned if others do. They would like to see planned unit development before any fezones are determined. ,Jim Strait, 6550 Hatlow Drive, stated his place is one that was arbitrarily fezcried by the county and be didn't know anything about it. Talked about "chain effect" of rezoning. Concerned that property all the way to Lakeburst Drive is in that 250 Ft. and he said no property should be rezoned without looking at all the properties, He claimed the mobile home park started with ,just cabins and has grown like a cancer. Asked the City Council to deny this rezone but issue a use permit so the owner can continue to operate, but will stop the oancerous growth of the mobile home park. -6- CITY COUNCIL MINUTES December 7, 1977 Page seven Mrs. Eder, 6102 Elaine Court, gave background information as to how the county operatcd its zoning through an established policy which was done 30 years ago and later in the 1950's the County Commissioners took the policy statements and absorbed them into the comprehensive plan, which has been challenged many times. She stated that in the county, they are not looking at a whole area and studying its impact. What they had 10 or 15 years ago is no longer good today. She again spoke in favor of a comprehensive plan in accordance with the best interests of the health and welfare of the con~unity. Mrs. Backman spoke about buying their property with this commercial zoning and spoke of the heavy loss of $200,000.00 if they were denied the privilege they understood they bought. She stated they were not selling the place. She did have it up for sale but she is going to keep the property. She stated they had bought this property in order to get out in the country where it would be more wooded and private. Robert Backman, 6116 Kitsap Way, discussed the traffic and travel on Kitsap Way. Mayor Jarstad discussed the hearing which had been held today and the testimony that had been given in anothcr hearing. After hearing from Mr. Backman and getting clarification of some matters concerning the fezone and the f'ire district and the need for a comprehensive plan, hc suggested that the hearing could be continued until a time when Mr. Backman would request to come before the Council again. AL that time the Council could set a hearing date and readvertise. Mayor Jarstad stated the whole matter was a very involved question concerning the back- ground of the annexation and usually these matters are resolved before annexation is entered into. Mr. Sexton agreed with the mayor and suggested Mr. Backman set a time when he wants to have the hearing continued and then proper notice be given. Discussion was held concerning the need Per a site plan. Mr. Backman asked if he developed a site plan, :is he stuck with it and Mr. Sexton stated he would be until he came back and applied for something different. He could ask for it to be. modified and go through the nox~al hearing process. Mr. Backman was concerned about waiting 365 days for making another application if he were denied and suggested tabling this hearing until after the First of the year. He stated he would like to 'talk to the Fire Chief and different people and find out what he is stepping into. He stated if he has to get a site plan, then he will have to obtain financing. Motion by Mayor Jarstad and Commissioner Sehoneman that action be postponed and hearing be continued to a time to be set in the future and advertise when the petitioners as4 to bc back on the agcnda, carried. MUNICIPAL AGREEMENTS - 6th ~ NAVAL and 6th ~ CALLOW INTERSECTIONS Clerk presented agreements For the 6th ~ Nava] and 6th ~ Callow Intersection Projects. Motion by Commissioner Schoneman and Mayor Jarstad to approve agreements and authorize mayor to sign for the city, carried. Commissioner Stewart entered the meeting at 1:20 P.M. McCONKEY SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT #42-77, REVISION REQUEST Clerk read memo From Planning Director, dated Dec. 7, 1977, which stated the Dept. of Ecology has requested that Mr. McConkey apply For a revision to his Substantial Development Permit for' apartment and moorage development at the north end of Park Avenue; that this involves a change in the configuration of his motrage facility and does not involve any of the upland apartment development. Motion by Mayor Jarstad and Commissioner Schoneman to set hearing date on Dec. 21, i977 at 10:S0 A.M., carried unanimously. PARK & RECREATION SIX-YEAR CAPITAL IMPROVEMENT PLAN Clerk read memo from Planning Director, dated Dec. 7, 1977, which stated that a draft Six-Year Capital Improvement Plan for the Bremerton Park System has been developed. Motion by Mayor Jarstad and Comm:issioner Schoneman to set hearing date for the above on Dec. 21, 1977 at 10:30 A.M., carried unanimously. _?_ CiTY COUNCIL MINUTES December 7, 1977 Page eight ORDINANCE NO. 3398 - WATER ~ SEWER BONDS Clerk read, first reading, "AN ORDINANCE of the City of Bremerton, Washington, specifying and adopting a plan For the acquisition, construction, and installation of certain additions and improvements to and extensions of the combined water and sewerage system of the City; declaring the estimated cost thereof as nearly as may be; providing for the payment of such cost; providing for the issuance of water and sewer revenue bonds of the City to pay part of such cost; providing the date, form, terms and maturities of such bonds; creating a bond redemption fund for such bonds; provniding and adopting certain covenants and protective features safeguarding the payment of the principal of and interest in the same; and providing for the sale of those bonds as a single bond to the Economlc Development Administration, United States of Commerce." Clerk then gave a brief outline of the provisions of the ordinance and stated the closing date with EDA was more or less set for Dec. ]5, 1977. He suggested that an emergency clause be added to the ordinance. Ma or Jarstad ~ Motion by y ' ' ~[o~ss Ordinance No. 3398 on first reading as an emergency, carried as follows: Mayor Jarstad, Yes; Commissioner' Stewart, Yes; Commissioner Schoneman, Yes. BILLS Motion by Mayor Jarstad and Commissioner Schoneman to give blanket approval to vouchers 1696 thru 1698 and 1700 thru 1701 inclusive in the amount of $29,557.87 and vouchers 01705 thru 10791 inclusive in the amount of $99,528.99, audited by John Ross, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Abstain due to a minute interest in 1TT Grinnell; Commissioner Schoneman, Yes. SRORELINE MASTER PROGRAM Mr. Sexton stated his opinion is still the same and the only question is whether the City Council can change their' opinion. He said that the Master Program requirements arc applicable to all permits until somebody applies for a building permit and they should be treated the same way as anybody else applying for a permit. Regarding Mr. McConkey's project, he could apply for a fezone to the little portion that is R-1. Concerning the retroactive policy of the City Council, Mr. Attebery stated he had checked with other Planners and none of those he talked to are making their program rctroactive. The list of ten who have permits was discussed and it boils down to about four or five developments that may be involved here. Commissioner Stewart stated that he wanted to keep the regulations in residential areas but he didn't want the commercial areas to be involved. A short discussion on Mr. McConkey's prior approved development ensued. Discussion of variances was held and Mr. Attebery stated variances under the Shorelines Hearings Board would be almost impossible to get. The Timkath Project will be having trouble getting their project going. Mr. Attebery stated he recommended that the regulations not be made retroactive and he gave his reasons for this recommendation. lie suggested putting in a "grandfather" clause and honoring the permits. Motion by Commissioner Schoneman to follow Mr. Attebery's recommendation. Motion died for lack of second. Mayor Jarstad stated that putting the rctroactive clause in the Master Program should be an agcnda item because there are interested people who would be very upset. Commissioner Stewart stated especially or, Snyder Ave. Commissioner Schoneman stated that Mr. Green is still in R-i district and he can only put in a single family or duplex. Mayor Jarstad reiterated that the matter should be placed on the agenda and letters should go to all the neighbors who would be involved. He stated there should be no decision today. At this time Mr. Sexton reco~nended the people involved should apply for a building permit which could then be turned down and they could appeal to the City Council. Mr. Attebeny asked Mr. Sexton to draft a letter' to this effect. -8- CiTY C01JNCIL MINUTES December 7, 1977 Page nine ORDINANCE, FIRST READING, Plumbing Code Clerk read, first reading, "AN ORDINANCE providing for the protection of the Public Health and Safety; adopting the international Association of Plumbing and Mechanical 0fficial's Uniform PlUmbing Code, 1976 Edition; defining the rights and duties of the building official with respect to the Uniform Plumbing Code; specifying who may be issued a permit required by the above-mentioned code; providing certain amendments to the above-mentioned code; providing a penalty for the violation of this ordinance and repealing Ordinance No. 3149 which is codified as Bremerton Municipal Code No. 17.28 and Ordinance No. 3248, Section I, which is codified as Brcmerton Municipal Code No. 17.28.160D." Motion by Commissioner Schoneman and Mayor Jarstad to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. DOWNTOWN REDEVELOPMENT Commissioner Stewart reported he had been talking to the largest land and shopping center developer in California and Foster and Marshall and Griffin and Co. The recommendation is that the City should hire Archuleta and at the same time, the City should be looking for a developer; that there could be a real conflict of interests if Archuleta did that. He stated he had told the developer about Coldwell Banker and that Archuleta does most of the designing. The developer suggested the City should not take a broker until there is something to sell. Commissioner Stewart stated he would be opposed to hiring him or stating that he is the one the City is going to hire. Mr. Sexton stated that after the meeting today, that he will sit down with him on this matter. Meeting adjourned at 1:45 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -9-