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HomeMy WebLinkAbout11/23/77 UNAPP~,oVED MINUTES CITY COUNCIL MINUTES - NOVEMBER 23, 1977 APPROVE Regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers, City Hall, 239 Fourth Street, on Wednesday, November 23, 1977, at 9:05 a.m., with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Sexton and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by City Clerk. MINUTES OF NOVEMBER 16~ 1977 Clerk read minutes of November 16, 1977. Mayor Jarstad ordered the minutes to stand approved as read. HORTON HACKLER REZONE - Continuation This rezone was taken up at 9:10 a.m. with Mr. Hackler, his a~to~ey, and three interested residents of the area being present, along with the Planning Director. The residents present were: Mrs. Berenice Root, 1819 Nipsic, Mrs. Olga Wold, 2109 E. Highlands, and Mrs. Tangen, 2103 E. Highlands. The Attorney for Mr. Hackler was Robert Banghart. Mr. Attebery stated he had drafted a set of eleven potential conditions and referred them to the applicant;he made slight revision which is now before the Council. Discussion followed as to the revisions and other suggested additions. The site plan was studied by all present. Discussion of location of bulkhead was had, as well as the ingress and egress. One of the items discussed which would go in the Declaration of Land Use Restrictions was the covenant running with the land tying the project up to this site plan forever unless a change was approved by the adjoining property owners. It was decided to set a time limit of thirty years. Height of the building and the broken roof line, along with the overhang of the roof was discussed. After the revisions were written in to tbs conditions which had been presented and which would con- stitute the basis for the Declaration, the following motion was made: Motion by Commissioners Stewart and Mayor Jarstad to accept the rezone with conditions that have been laid out and act as a covenant to run on the property for a period of thirty years and would affect the owners of property within 250 feet, carried unanimously. SHORELINE MJ~NAGEMENT : ~ MASTER PROGRAM Mr. Attehery stated there have been several people contact him who have had shoreline management substantial development permits issued but not building permits who now have to come under the new master program. The most recent advice from the City Council is that the regulations prepared in October will apply to all future building permits. Mr. Attebery stated that administratively he would rather have one policy and not have to make individual choice. Mr. ~xton advised him that he has no choice. Considerable discussion ensued. Co~missioner Stewart stated the City Council was previously only discussing the application retroactively of the new program in R-1 areas and not the commercial areas. Finally, Mayor Jarstad asked Mr. Sexton if it would be wise for the City Council to set a policy that permits issued in R-2 and Business zones prior to the adoption of the plan would not be retroactive beyond that and would only be retroactive as to R-1 property. Mr. Sexton stated he would want to look at this suggestion. Mr. Erickson representing Timkath was present and he is one of those involved. He said his plans met the original requirements of the shoreline permit. He suggested this should be exempt and put in a grand- father clause, so he could obtain a permit. Mr. Sexton explained there was no grandfather clause in the master plan as such and the City Council has only taken a policy in an R-1 district not to grandfather; now would go back and see if the City Council wants to grandfather for R-2 and Business. Mr. Sexton stated they would have to look at the individual problems and amend; would have to have recommendation of the staff and then review by the Planning Commission and the City Council. Commissioner Schoneman cormented that the improvement -1- to the ferry terminal is about ready and inquired if the City was going to hold them up from doing their remodeling. It seemed to Commissioner Schoneman that the eleven permits should be approved because they have already been approved under the Shoreline Management Act. Motion by Commissioner Schoneman that the eleven be approved. (No second-died.) Under discussion: Mr. Attebery stated he has not been able to get a positive answer regarding the retroactive question. Noted that the City Council on . October 12th did make the regulati~ retroactive. Commissioner Stewart again stated this should not have affected the R-2 and Business zones. Discussion was held relating to the notice requirements to change the plan. Mr. Sexton stated his advice was to report back to the City Council next week. He would like to have more information about some of the problems so he knows what they Motion by Commissioner Stewart and Mayor Jarstad that the City Atto?ney and Planner give a report at the next City Council meeting so the City can move as fast as possible to solve this, carried unanimously. Mr. Attebery reported that the Planning Commission last evening ruled that the city's practice of issuing multiple building permits in R-1 zones to one owner of property constitutes a dwelling group and, therefore, is only an allowed use in R-2 zone. Commissioner Stewart stated he had Just the opposite once before regarding the application of the initiative. Mr. Sexton stated this has nothing to do with the intitiative; that the Planning Commissioners took their approach based on what is happening and they looked at a project and want to stop the practice. Mr. Sexton recommended that it is high time for the City Council to sit down with the Planning Commis~o~ so that al~.~$~]~hings can be straightened out. Mr. Attebery suggested ~ the ~ com- prehensive plan should be adopted first and then the zoning ordinance be up- dated. Mr. Sexton stated there is enough ambiguity that some of these problems should be solved. COMMISSIONERS' REPORTS: Co~issioner Schoneman - 1. Commended the Street Dept. for excellent job in snow and ice control last evening. 2. Called upon Mr. Waring, City Engineer, to report on progress of Cambrian Street Barrier as it pertains to the traffic lights. Mr. Waring report on the lights and stated the contractor has been putting off completing the work with the beacon lights; that he now intended to hire someone else to complete the work and deduct the amount due from the contractor's payment. Proposed to do that if agreeable with the City Council. Also, stated he had to get approval of the High, ay Department to assess liqnid damages and he would be writing such a letter for approval of the ~ty Council. Mr. Waring discussed the Wheaton and Sylvan project relating to the $4600.00 assessed for 46-day delay in completing the project. He believed the liquid damages are assessable but the contractor has been in touch with the Highway Department in an attempt to waive the damages. Mr. Waring reported that the pre-construction conference on Broad to Riddell was held on November 15th; the project will be started immediately after Thanksgiving; it doesn't have to be completed for six months and they have plenty of time for obtaining the signalization equipment. At the approach of the Brownsville Highway, not doing anything to that light but the Highway Department is going to construct a turn lane on south bound and they will be coordinating with this work. 3. Mr. Schoneman stated that Mr. Waring had flown for the City this week and had taken some aerials of the area by the Charleston Treatment Plant that is to be enlarged. Purpose of the pictures was to aid in finding a route for a road to the north and in order to get proper information it was necessary to obtain up-to-date photographs. -2- Asst. City Attorney Sexton - 1. Reported on his meeting last Friday with Mr. Archuleta, Bert Nichols and Bob Hatch of Coldwell Bapkers; discussed the agreement which has been signed by Mr. Archmleta. Ail money has not been paid in to the fund but will place an addendum on the agreement regarding the amounts and will present the agree- ment next week for signature. He will be meeting with these representatives this Friday and asked the City Council to give him any coz~ents prior to his leaving for the meeting. Commissioner Stewart discussed his recommendations made previously and Mr. Sexton suggested they sit down and go over the points today. Mr. Stewart stated he would like to see a proposal from some else other than Coldwell Banker because there is considerable money involved. Mr. Sexton explained Coldwell Banker's position. The City has to go out on bid; they are willing to do the work free and have the first option; and if they don't get the first option they will have to be paid for their services up- to-gate. Mr. Sexton stated that Mr. Archuleta has been working on this even though there has been no agreement and both Mr. Archuleta and Mr. Hatch will be in Bremerton on December 7th to make a presentation to the City Council. In regard to the presentation, at the time it is performed the agreement will have been signed and he will have the first preliminary plan prepared. Mr. Sexton suggested having a late afternoon meeting on December 7th at 4:00 p.m. This would not be a hearing but a presentation. Commissioner Stewart stated 4:00 p.m. is o.k. with him and Mayor Jarstad stated that was fine with him. In d~scussing the payments, Mr. Sexton stated there never would be a dollar of taxpayers' money unless the project goes. Mayor Jarstad - 1. Announced appointment of Ray Foley as Parks and Recreation Superintendent, replacing Andrew Pendergast who has retired; that he was one of the three eligibles; and Mayor Jarstad stated he was looking forward to his doing an excellent job has did his predecessor. 2. Wished everyone a very happy Thanksgiving holiday. REZONE HEARINGS: MAXWELL AND GREEN Motiqn by Mayor Jarstad and Commissioner Schoneman to open the hearings, carried unanimously. CLARENCE E. MAXWELL~ Jr. REZONE (continued from Oct. 12,.1977). Clerk stated he had advertised this continued meeting; gave a reading of the results of the confidential advisory ballots. Read handwritten memorandum from Sgt. Gingrey that the Traffic Division agrees with the proposal - recom- mendation of entry off Hewitt and exit on to 7th Street. Mr. Attebery, Planning Director, discussed the proposal for two tri-plexes, parking for twelve cars (about two to one ratio); the only change from the original proposal is the traffic pattern as approved by the Traffic Division which may modify the number of stalls but it would still be more than required. Noted that the Planning Co~mi~sion recommended approval for six units. PROPONENTS F. R. Cooper, 2003 N. Cambrian, son-in-law, stated he will be the builder. Dis- cussed the proposal, stated they had complied with the Planning Commission's recommendation for six instead of nine, more parking, and the buildings will replace very old buildings that are in terrible condition. Recognized that there are a great number of transient people in Bremerton and inquired what was wrong with this when they were going to build something new for them. Commissioner Stewart noted that the owner could build duplexes and the d~ciston is whether duplexes or triplexes. OPPONENTS Mrs. Roselyn Fruge, 621 Pennsylvania, stated she would like to see some new buildings and would like to see the duplexes built; also, stated there was something about crossing lot lines. Felt triplexes would be too many there. Stated there was a church near there; also, felt an approval would open up the way for other rezones in the area. Talked about parking and traffic problems. -3- Commissioner Stewart briefly explained the difference between the controls which could be imposed through the rezone for triplex and the lack of these for duplex buildings. Also, stated that each rezone application is looked at separately based on its own merits. With this application there is a site plan, ample parking and controlled building but with a duplex there would be not site plan nor controls. Mrs. Fruge suggested tabling until she could find out the rules governing crossing lot lines. Mr. Attebery discussed the lot sizes and numbers of duplexes which could be built there - two duplexes and one stall per u~it is the minimum. Mayor Jarstad stated in evaluating this proposed rezone with the density from two duplexes to two triplexes with site plan, that finances became a factor. This would assist in removing the old homes in that area and it is a reality which is going to have to be faced, to get improvements in the neighborhood and still retain residential flavor. Noted there are transie~Zs all over Bremerton and the Police Department problems are not in the commercial areas but are in low rent areas. Stated it is a fallacy that there are undesirable tenants because they rent in commercial rentals. Regarding the "domino" theory, mentioned the nice homes on Pennsylvania Avenue and he knew this area, and the Planning Commissioner did approve this.according to that site plan; it was a higher density, not much more, four to six living units on this property, and he would be encouraged to vote in favor of the rezone with conditions of the site plan and traffic through as approved by the Traffic Division. Motion by Mayor Jarstad and Co~issioner Schoneman to concur with the recommenda- tion of the Planning ~ission and change the zoning from R-1 to R-2 in accord- ance to the Site plan presented to the City Council. Under discussion: Mr. Attebery gave a list of the conditions of the rezone to do with being six units, to be developed essential~ as shown on the site plan With two parking spaces per unit and landscaping. Mayor Jarstad and Commissioner Schoneman agreed that these conditions should be a part of the motion along with the change in circula- tion of traffic. Motion carried unanimously with the amendments being included. BID OPENINGS Motion by Mayor Jarstad and Co~nissioner Schon~,-n to open the following bids: Craven Center Parking Lot, Phase I of Coontz Park, Chlorine, Tires, Tubes and over-road service, carried unanimously. DIAMOND PARKING INC., 22% of any of the monthly gross revenue of the Facility in excess of $1,000.00. Cashier's ~eck for $50.00 enclosed. Motion by Mayor Jarstad and Commissioner Schoneman to refer to committee for proper evaluation and recommendation at a later date, cart%ed unanimously. Mist'er Rain Inc., Base Bid $22,544.00, Alt. Al, $16,002.00, Alt. A2, $2,400.00, bid bond enclosed; Earl Lincoln Construction, Inc., Base Bid $6,770.00; Alt. Al, $19,200.00, Alt. A2, $850.00, bid bond enclosed; Golf Landscaping Inc., Base Bid, $7,900.00, Alt. Al, $20,390.00, Alt. A2, $1,000.00, bid bon~ enclosed; Aldrich and Hedman, Inc., Base Bid $6,450.00, Alt. Al, $12,850.00, Alt. A2, $3,200.00, bid bond enclosed. Motion by Mayor Jarstad and Commissioner Sehoneman that the bids be referred to proper cu~ittee for evaluation and determination to be made at a later date, carried unanimously. Van Waters & Rogers, No bid. Jones Chemicals, Inc., Cashier's Check enclosed, Chlorine in 150 lb. containers, $29.25/cylinder, in 1 ton containers, $170.00/ ton, freight LTL $2.65 CWT, firm pricing; Pennwalt Corp., Certified Check enclosed, $0.195/lb and $0.085/lb, LTL Rate $3.02 CWT. Motion by Commissioner Schoneman and Mayor Jarstad to refer to proper committee and make recommendation at later date, carried unanimously. Shaub Ellison Company, Cashier's Check for $50.00 enclosed, discounts from list price. Motion by Commissioner Schoneman and Mayor Jarstad to refer to committee for evaluation and report to the City Council, carried unanimously. --4-- Recessed at 11:20 a.m., resumed at 11:30 a.m. GREEN REZONE Clerk stated he had advertised as required by statute; read Planning Resolution No. 432, gave a report, of the confidential advisory ballot; read letters from Norman Crist, in favor, Ed Savala, in favor; and a letter from George Coombs, Chairman, Smith Neighborhood Association, whose primary concern in opposing this rezone is the precedent which it might set for future less desirable rezonings in their neighborhood, and the association supports low density residen- tial for the location; although the neighborhood will not support the rezone, it was also the concensus of the association that if the rezone could be restricted to an appropriately developed beauty salon that concern would be lessened. Clerk stated the minutes and staff review were in the file. Mr. Attebery, Planning Director, discussed the Staff Review dated October 14, 1977, in some detail; showed the site plan for the property including parking; parking could be developed with four on the back and three in the front, the back using the alley. Stated this is an allowed use in the B-2 zone and adequate space for parking is on the property. Discussed parking further and stated could accomodate eight on the place and most serious situation would be to add additional parking on the streets. PROPONENT Lyle A. Robards, 317 So. Hartford, showed a rough plan of what the applicant desires to put on the property. Noted that the nearby barber shop does have a complete lot for parking. Said that Mrs. R~be~d had explained her operation to the Planning Commission, that she does not have four chairs scheduled at one time; there is no parking at the present KBRO location; also, explaimed that each operator owns his or her own chair and they do not work all at the same time. Commissioner Stewart commented that he would like to have a site plan on the parking; also, he would like to see the building cleaned up. Said it needed adequate parking and needed eight spots. Mr. Robards explained that the location formerly was a gas station and cars could park and continue on through the site. Stated the building will be extensively remodeled. Commissioner Schoneman commented that the area will be improved and Commissioner Stewart stated he would like to have a firmed up site plan; would like to have it restricted to what can go in there and he did not want to open it up for everything in B-2. Mrs. Green, 1206 Park, owner of the property, stated she could not repair the building and explained her financial circumstances, with her husband confined to a nursing home. Stated the lumber is very good condition and have it appraised and it will lend itself to remodeling. Stated it would be very attractive with what the applicant has in mind. Mayor Jarstad suggested that some detailed plan be brought back. Also, stated that the important part about this rezone is that it is a small area but it is the establishment of B-2 in an R-1 area. Stated he knows the neighborhood and what is going in on the Smith School site, and this Council is not following the denial of the Planning Commission in following the comprehensive plan. If the commissioners are in the mind of granting this rezone would require a site plan, ingress and egress and number of parking stalls and should give consideration to that site plan being present to the Council. Stated hewas in the Smith Neighborhood meeting and they didn't have an objection if this was up-graded with a beauty shop. Commissioner Stewart said it was a vote of almost two to one that the people wanted some improvement in the neighborhood. He said he would like to see two things - restrict to a beauty shop or something comparable to that and a site plan and showing the parking there; otherwise, would have a derelict building and for a long time. Motion by Commissioner Stewart and Commissioner Schoneman to recess until next Wednesday at 9:00 a.m. for site plan, carried unanimously. -5- CHANGE IN PAY STATUS Gary A. Heath, Garage Foreman, $7.70 per hr, effective Nov. 28, 1977; Ron Peterson, Extra Help, Water Dept. from $2.75 to $3.00 p.h.,. 11/28/77; Merit Raise, Steven Jaynes, Waste Water, '*~" to "D", $6.10 p.h., 11/28/771 Ms. Mabel L. Marshall, PT Employee, Municipal Court, $3.75 per hr. 1/1/78; Raymond Foley, P&R Supt., $9.25 per hr, 11/14/77. Under discussion: Mayor Jarstad stated that the recommendation for merit step promotions should have the same language as contained in the union contract, "the employee has demonstrated a sustained high level of overall work performance". Motion carried unanimously. PAYROLL VOUCHERS Salary Fund, gross $187,579.59; Claim Fund, FICA and bank service fees, $5,020.50, both to Pacific PNB and both audited by John Ross. Motion by Comzaissioner Stewart and Commissioner Schonaman to approve the vouchers, carried unanimously. CLAIM FOR DAMAGES Clerk asked the City Council to deny the previously approved claim of David Gonzales because he had moved from the rental house without fixing the broken door and recommended approving.the claim of Puget West Real Estate, Inc., owners of the house who had repaired the damage for a total of $58.62. Motion by Cormmisstoner Stewart and Mayor Jarstad to deny the first claim and approve the second claim for damages for $58.62, carried unanimously. DANCING & ENTERTAINMENT LICENSE - The Vitla~e Tavern Clerk presented application for 2810 Kitsap Way, approved by Asst. Chief Kvistad, and Fire Inspector Metgs and Bldg. Inspector A. W. Costello. Motion by ~or Jarstad and Cormnissioner Stewart to approve, carried unanimously. Taxicab Drivers' Applications James H. Hamilton~ Arthur W. SaylerMfchael B. Gowler, all approved by Captain F. C. Johnson for the Chief of Police. Motion by Mayor Jarstad and Co~maissioner Stewart to approve the licenses, carried unanimously. PARKING METER LOCKS - BID Clerk read memo dated Nov. 22, 1977, from Captain Johnson which gave a report on tests made on the KSM 100 meter lock and recommended further research is required and he cannot reco~end acceptance of the bids; that the locks would not be any better than the present locks. Motion by Commissioner Stewart and Mayor Jarstad to reject All bids, carried unanimously. CALL FOR BIDS - SUBMERSIBLE PUMP Clerk read meo and specs from Water Supt. Moore recommending call for bids for submersible pump for well #8. Motion by Commissioner Stewart and Conuaissioner Schonaman to call for bids, carried unanimously. AIR CONDITIONING FOR COMPUTER ROOM Clerk read memo dated Nov. 21, 1977, from R. L. Goodpasture, City Treasurer, requesting approval to call for bids for new conditioning units for approximately $7,500.00. Motion by Commissioner Stewart and Mayor Jarstad to call for bids as requested. Under discussion: Co~tssfoner Stewart stated the present air conditioning will be kept for backup. Carried unanimously. WATER MAIN REPLAC~iENT 13th & HAYWARD Clerk read memo dated Nov. 17, 1977, from Water Supt. requesting approval for the installation by work force account in estimated cost of $9,709.57. Motion by Commissioner Schoneman and Mayor Jarstad to approve the work force account replacement of water main, carried unanimously. -6- PROPOSED PARK AREA - E. END MANETTE BRIDGE Clerk read letter dated Nov. 1~, 1977, from Virginia Schultz, 1700 Jacobson, stating that the Manette Neighborhood Association requests the Park Dept. to place the property high on its priority list for procurement and development. Mayor Jarstad stated he appreciated receiving the letter and it should be placed on file. Also, that this is on ~he departments six'year program. EMPLOYEES RETIREMENT LISTS ~Nov. & Dec.} Clerk read memo. dated Nov. 22, 1977, frem Auditor John Ross which stated that J. Lawrence Hatfield passed away on Nov. 21, 1977; the November retirement allowance will change from $3,166.13 to $3,059.93; and the gross allowance for December will be $2,812.13. Motion by Conanissioners Stewart and Schoneman to approve the changes to November and December retirement lists, carried unanimously. PLANNING COMMISSION ACTIVITY REPORT Clerk stated the Planning Commission at its meeting held Nov. 15, 1977, had approve application for Special Use Permit and Variance as applied for by Knights of Columbus, 2115 Burwell. The other three actions have already been reported to the City Council and dates have been set for hearings. PROCLANi~I~I,I: Clerk read mayor's proclamation for "Voice of Democracy Week". ORDINANCE No.. 3390 {Budget Amendments) Clerk read memo dated Nov. 21, 1977, from City Auditor explaining the back- ground for needed budget amendment ordinance. Clerk then read Ordinance No. 3390, "An Ordinance amending Ordinance no. 3332, as amended by Ordinance No. 3~46, and appropriating additional funds for the year 1977." Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3390, on first reading, by title only, carried as follows: Mayor Jarstad, Yes; Counnissioner Stewart, Yes; Commissioner Schoneman, Yes. BUILDING PERMIT FEES - city projects Clerk read memo. from City Auditor suggesting~ that in the interest of uniformity that on all city contracts where a building permit is required the policy of no fees for these permits be adopted. Motion by Mayor Jarstad and Commissioner Schoneman to adopt that policy rather than picking and choosing. Under discussion: Commiaaion~r:*Stewart recou~ended that everybody should pay including the city; that the fees indicate the amount of work being done by the Building Dept. Motion by Commissioner Stewart and Mayor Jarstad that everybody pays with no exceptions, carried unanimously. HOUSING AUTHORITY ANNUAL REPORT Clerk stated the annual report was on file in his office. ABILLE APARTMENT COMPLEX - 2020 13th St. Clerk stated reports were now in from Planning, Building and Engineering Depts. Mayor Jarstad directed that a copy of the reports be given to Bremerton SUN reporter and to each of the commissioners. Commissioner Stewart stated he would like the agreement in written form in order to make Mr. Abille do the things promised. Mayor Jarstad directed the Planning Director to make a formal agree- ment and have it signed by both sides - city and Mr. Abille. SAUNA PARLORS - Health Exam. re: Communicable Disease Mr. Sexton stated his department had been asked to draw up an ordinance relating to this subject and he questioned the constitutionality of it; also, stated the request had come from the police department and questioned whether his office should be preparing an ordinance without commissioner approval. Upon finding today that Co~missioner Stewart had asked for this ordinance, Mr. Sexton stated he would do a complete legal research and prepare an ordinance. Commissioner Stewart stated he was also concerned that the people have their state licenses so it show they had some skills. ORDINANCE RE: Cumulative Reserve for Water System Improvement & Third Transmission Line Fund. -7- Clerk read, "An Ordinance repealing Ordinance No. 3240 and providing for dis- petition aE the fund balance." Motion by Mayor Jarstad and Commissioner Schoneman to approve the ordinance on first reading by title only, carried as follows: Mayer Jarstad, Yes; Com- missioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE - re: Adopting the Uniform Plumbing Code, 1976 Edition. Mayor directed that copies be circulated. ORDINANCE - T.V. CABLE SYST~4 Clerk read, first reading, "An Ordinance prohibiting the unauthorized use of any cable television system." Motion by Commissioner Stewart and Mayor Jarstad to approve the ordinance on first reading by title only, carried as follows: Mayor Jarstad, Yes; Com- missioner Stewart, Yes; Commissioner Schon~m~n, Yes. ORDINANCE - COUNCIL MEETING DAY CHANGE Clerk read, first reading, "An Ordinance amending Ordinance No. 2987 Section 1, which is codified as BMC 2.04.010 by changing the day of the regular meeting of City Council from Wednesday to Tuesday of each week unless otherwise provided." Motion by Mayor Jarstad and Commissioner Stewart to approve the ordinance on first reading by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Cou~issioner Schoneman, Yes. ORDINANCE - ADOPTING CODE FOR SWIMMING POOLS Clerk read, first reading, "An Ordinance adopting the International Association of Plumbing and Mechanical Officials Uniform Swimming Pool Code, 1976 Edition and providing penalties for the violating thereof." Motion by Commissioner Schoneman and Mayor Jarstad to approve the ordinance on first reading by title only, carried as follows: Mayor Jarstad, Yes; Com- missioner Stewart, Yes; Commissioner Schoneman, Yes. LETTER FROM KC&M re: Sewerage Program Letter dated Nov. i8, 1977, ~read by the City Clerk. Commissioner Stewart suggested sending the content of the letter to CH2M Hill for answering the questions contained in the letter. Ask Bill Dehn to make his comments. Motion by Commissioner Stewart and Commissioner Schoneman that the City Clerk follow this ~ocedure, carried unanimously. DOE LETTER RE: Atomic Absorption Unit Participation Clerk read the letter dated Nov. 17, 1977, stating that it was necessary for the city and Kitsap County to enter into an interlocal agreement; gave the minimum provisions which should be in the agreement; and reco~nendlng the City Attorney prepare the agreement to protect Bremerton's~interesta. Commissioner Schoneman stated a meeting should be held with the Kitsap County Commissioners and see what the arrangements are going to be. Stated that if the unit is to be located in the Brownsville Plant there is no use for the City to get into it except for sharing in its cost. Mayor Jarstad asked the Commissioner of Public Works to get the information and report. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 00915 through 00991 inclusive in the amount of $24,417.15, carried unanimously. It was noted that the bills were approved by City Auditor Ross. Meeting recessed at 12:42 p.m. Recessed meeting of the City Council of the City of Bremerton was held in the Sheridan Park Community Building Lounge at 3:05 p.m. with Mayor Jarstad presiding. Also present were Commissioner Stewmrt and ~ity Clerk Yead~n. Commissioner Schoneman, absent. Also present were: Jan LaPrath and Mark Moshe representing the Handicapped, Walter French, Holly Ridge Center, Earl Williams, Council on Aging and representing the chairman, Owen Loftus. Mayor Jarstad explained the purpose of this meeting was to hold a public hearing on the proposed use of General Revenue Sharing Funds. Clerk stated this meeting was advertised both in the newspaper and through mailings to senior citizen --8-- groups and the handicapped representatives at the Smith School.. Clerk then read the entitlements and gave the total available for 1978 as $560,000.00. Also, Clerk read the uses which are proposed by the City Council. Mayor Jarstad stated the commissioners would entertain any questions or receive any presentation that anyone would like to make. Jan. LaPrath submitted a letter from her as KCAP Handicap Program Manager, dated Nov. 22, 1977, which was then read by the City Clerk. She enlarged upon the contents of the letter. Regarding transportation for the handicapped people, Commissioner Stewart stated he felt her suggestion was a good idea; that is, to subsidize the existing taxi service to cut rates in half for qualified handicapped persons. He didn't think this would cost more than $5,000.00 or $10,000.00 for city residents only and considered that this would be within the budget available. He said both taxi companies should be contacted. He agreed to check further into this suggestion and he would recommend putting $5,000.00 aside. Mayor Jarstat stated he was entirely in agreement and he thought transportation is one of the major provisions of federal law, concerning handicapped persons. Regarding Ms. LaPrath's second suggestion relating to "curb cuts" and ramps to businesses, She suggested further that there is a new design available for curb cuts and she has a copy of the design in her office. Commissioner Stewart asked Ms. LaPrath to get in touch with the commissioner-elect, Tom Swanson. Mayor Jarstad commented that the public works budget contains adequate funds to continue the program that has been started. The ~aJor factor is to correlate the commissioners' desires with the public works office when Mr. Swanson takes office. Concerning Ms. LaPrath's firs~ suggestion that post office buildings should be modified to allow access to all citizens, it was pointed out that probably the Wycoff Station is already accessible on the west side of Bremerton and that the Sheridan Park Station could be modified but that the main post office would be practically impossible to modify. Ms. LaPrath commented that making a branch on the west side and one on the east side available for the handicapped would be acceptable. Mayor Jarstad suggested that landlords should be talked to in order to make modifications to their buildings. Commissioner Stewart agreed to take the lead on the transportation suggestion; and Ms. LaPrath agreed to contact Tom Swanson. Motion by Mayor Jarstad and Commissioner Stewart that the City Council write a letter to the post offices in Bremerton noting the concern voiced at this meeting by representative of the handicapped group for access into the post offices and if anything they could accomplish in removing some of these barriers could be done it would be appreciated by this Council, realizing the major downtown post iffice is difficult to accomplish but believe the Sheridan Park post office could be adequate in East Bremerton and the west side post office can currently accomdate the west side people, carried. Ms. LaPrath stated they have having a van delivered possibly in December and could work out something with the city; however, this would be used for the whole county. She would have to see Bonnie Loop, KCAP Director, about sharing costs on that van. No restrictions on this van and Ms. LaPrath will be working out regulations. She stated that a CETA driver position had been refused. Only outreach personnel are available. Commissioner Stewart stated that maybe something on a driver during the day could be worked out. Concerning the two vans in the program now, Ms. LaPrath stated they can't be used for persons below age sixty. Mr. Walter French stated he had attended a meeting at the court house with representatives of many groups and a consultant has been hired to work on needs of aged and handicapped in this county. There is a consortium being talked -9- about to take care of all of these problems. Also, stated that State of Washington has cancelled all their liability coverage for people involved in volunteer transportation. Also, stated there are some things going on in the county that might impact some of these decisions on transportation for aged and handi- capped. Commissioner Stewart stated there will be a sales tax vote regarding transporta- tion for the whole county but in the meantime there are some things the city can do without too much spending. Mr. French stated that even if the tax doesn't pass, there are still things in the works to provide and share transportation for the aged and handicapped. Commissioner Stewart noted that the Association of Washington Cities is working on a self-insurance program. Mayor Jarstad stated the city will get federal funds on the downtown area, in which is located the city library; that without an architect he didn't know what the cost will be for remodeling; however, has been assured by federal people that there will be funds available. Suggested setting aside $5,000.00 ~o assist in remodeling at the library for senior citizens center and for the handicapped. Motion by Mayor Jarstad and Commissioner Stewart that the City Council set a line item of $5,000.00 out of Federal Revenue Sharing money for assistance in remodeling for one floor of the downtown library building for utilization of senior citizens and handicapped, carried. Earl Williams from Council on Aging stated they are getting $20,000.00 through the county revenue sharing funds of which about $17,000.00 is distributed to outlying senior citizens activities. The only thing they take in is through Golden Age Cards and that goes for director and part-time secretary. Stated their request is very modest and could use some money to give additional to Mr. Loftus who hasn't had a raise in almost three years. One or two thousand dollars would be helpful. Noted that issuance of golden Age cards is falling off. Commissioner Stewart stated he would not favor money for salaries but would llke to see funds put into a project. Mayor Jarstad stated this would be taken down as a recommendation. Meeting recessed at 3:50 p.m. until 9:00 a.m. Monday, November 28, 1977. Recessed meeting was held at 9:08 a.m., Monday, November 28, 1977, in the City Council Chambers, City Hall, Bremerton, Washington, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, and City Clerk Yeadon. ORDINANCE No. 3391 (Authority to issue Reg. Warrants re: S~ing Pool Complex) Clerk read an ordinance, No. 3391, "An Ordinance amending Section 4 of Ordinance 3384 and adding a new Section 5 and declaring an emergency." Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3391, on first reading as an emergency and by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. Meeting adjourned at 9:10 a.m. G. C. Yeadon, Sr. APPROVED: City Clerk Glenn K. Jarstad, Mayor -10- UNA lOVED MINUTES c ,,T¥ cOul c b H u'rtc: CO j qC L NovembeP 16, 1977 ~OV 2 3 I977 /[120 ReguLar meeCing of the City Courtnil oF the City of B~emerton, B)1663 WashLngton was held in the C~ty Council Chambers, CIty Hall, 239 Fourth Street, on Wednesday, November ~6, ~97'/at 9:10 A.M., with Mayo~· Jarstad presiding. Also present were Commissioner City Attorney Sexton and representatives of the press and radio. th,, o~. November ~0, 1977 MEMORANDUM: To: City Clerk From: Planning Dept. Re: November 23rd Minutes on Shoreline Mgmt. Master Program The Novemberj23~ minutes regarding the Shoreline Management item accurately reflected the discussion. The thing that I don't know how to deal with is that I feel several of the comments made at the meeting were inaccurate. I have underlined those sentences which are accurate as stated but inaccurate as to the previous October 12th decisions to which they refer. I've attached the minutes of October 12th whereat the decision was made to apply the new regulations to previously issued shoreline permits. There is no differentiation at all between zones or shoreline environments evident in the October 12th minutes. I feel the tapes will support this. What can be done to ensure the public understands what was done on October 12th when the November 23rd minutes contain inaccurate statements. Also, I ask that the second to last sentence in my comments regardSng Planning Commission action be changed as I have noted on the attached copy of the November 23rd minutes. KN~AATTEBERY Planni~r KA:s 'v:!. ;t d COUNCIl APPROV D CITY COUNC I i, MINUTES November 16, ]97'7 Page two BID AWARDS - Official Publication; Gasoline, Oil, Greases, So]vents; Elevator Maintenance; Office Machine Maintenance; and Concrete Products Clerk read memo fDom Asst. Purchasing Agent, dated Nov. 15, ]9??, which recommended awarding bid for gasoline to Standard Oil; Lube Oil, greases & solvents to Wilkins Diet.; Elevator Maintenance to Sound Elevator, Co. for a 5-yr. contract; Office Machine Maintenance to Tri-County Business Equipment Co; Gravel & Building Sand to Bnem Rock Co.; Reinforcing Steel to Brern Red] Mix; and Concrete Products Mfg. B]ox, Pies, Brick, etc. to Bremerton Concrete Products. Motion by Commissioners Schoneman and Stewart to follow recommendation of Asst. Purchasing Agent and award bids as listed above, carried unanimously. AGREEMENT - CITY & BREMERTON POLICE OFFICERS ASSOCIATION Clerk presented agreement between City of Bremerton and Bremerton Police Officers Association. Motion by Mayor Jarstad and Commissioner Schoneman to approve Agree- ment as negotiated and authorize signatures, carried unanimously. ACCEPTANCES OF CONTRACTS - Wheaton & Sylvan; Sheridan Road Cleek presented memo from City Engineer, dated Nov. 10, 1977, which requested Council ac~eptances of contracts for Wheaton and Sylvan and Sheridan Road. Motion by Commissioner Schoneman and Mayor Jarstad to accept Wheaton and Sylvan contract as of Nov. 9, Z977 and Sheridan Road contract as of Nov. 2, ]9?7, carried unanimously. CITY/STATE AGREEMENT Clerk presented Agreement forms for 11th St. at Callow Ave., Warren Ave. at iSth St., and Callow Ave. at Burwell St. projects to be for- warded to DOT. Motion by Commissioner Stewart and Mayor Jarstad to approve agreements and authorize Mayor and City Clerk to sign for the City, carried unanimously. BiD REJECTION - Cook's Roofing (Reroofing Municipal Oarage) Clerk reported that Cook's Roofing is unable to get bond which is roquired for rcroofing the Municipal Garage; that the roof is leaking qui~e badly and wetting some of the equipment. He stated only two bids were received ano Council could either reject the bid from Cook'e and call for bids or award the bid to the Roof Doctor. Commissioner Stewart stated that since Cook's Roofing could not ge~ a bond, they did not meet specifications and the bid should be awarded to the low bidder meeting specifications. Motion by Commissioners Stewart and Schoneman to award bid to low bidder metlag specifications and reject original bid from Cook's Roofing, carried unanimously. ARRIVAL OF S~TA CLAUS Clerk read letter from Chamber of Commerce, dated Nov. 15, ]977, which stated the Bremerton Business Association is coordinating the arrival of Santa Claus on Monday, Nov. 28, 1977; that Santa will arrive at 6:00 P.M. and proceed to the Perry Avenue Mall and then on to Callow Ave. Clerk stated he would send a copy of the ietter to the Police Dept. NOTICE OE CANAMERA PACIFIC HEARING Clerk read letter from Dept. of Cornmunity Development, dated Nov. ]0, 1977, which stated a public hearing will] be held by the Kitsap Board of Commissioners on Monday, Nov. 21, ]977 at 1]:30 A.M. in the court- house in Port Orchard to consider an application for a Shoreline Master Program-Substantial Development Permit submitted by Canamera Pacific, Inc. Clerk stated a copy of the letter will be sent to the Planning Dept. -2- CITY COUNCIL MINUTES November 16, 1977 Page three STEVEN C. ANDERSON, WATER DISTRIBUTION SPECIALIST I (Letter from Dept. of Social & Health SenvicesY Clerk read Letter signed by Bill Liechty, Board Secretary of Dept. of Social and Health Services;, dated Nov. 8, 1977, which stated that the Board of Certification for Washington State Water' Works Operators announced that a Certificate of Competency is being issued to Steven C. Anderson as a Water Distribution Specialist I; that he has success- fully passed the examination, which has qualified him for this rating, together with his experj. cnce and education. Clerk stated a letter will be sent to Mr. Anderson from City Council. PROCLAMATION - Bible Week Clerk read Proclamation proclaiming Nov. 20th through 27th as "Bible week". TREES ON 1]th STREET OVERPASS Clerk read copy of memo from Parks Dept. to Street Superintendent, dated Nov. 10, 1977, which stated the Parks Dept. plans to replant f,ombardi poplar trees on the north side of 1]th St.; that 20 trees should be requisitioned at a cost of approximately $t5.00 per tree. The memo stated further when these trees have been purchased, the Parks Dept. will arrange to pick them up and replant. "lIARLOW" PROPERTY Clerk read letter from Kitsap Lake Environmental Association, no date, which requested that the City initiate the necessary steps to acquire for the City the "Hatlow" property, approximately 50 acres of undeveloped property on the southeast side of Kitsap Lake. Mayor Jarstad stated a meeting will be set up with Commander Hatlow the early part of next week to discuss purchase of this property and try to find out what opCjons are available to the City. He stated he wiil have more informa- tion next; week. Commissioner Schoneman wondered how wise it is for the City to take all available land and not leave any opportunity for developing land for houses. He stated if the City continues to pur- chase property like this, tirere wi]i not be any ]and left for houses and there will just be parks and open space in the corporate City limits. Mayor Jarstad stated he is only considering the purchase of this property and he thinks it is wise to look into it. "OLD" HORTON NURSING HOME HEARING CLerk reported that a date needs to be set for the "Old" Morton Nursing Home Hearing; that reports have been submitted from various departments. Motion by Commissioners Stewart and Schoneman to set hearing date for "Old" Horror Nursing Home on Nov. 30, 1977 at 10:30 A.M., carried unanimously. SET HEARING DATES - Dick Rezone, Backman Rezone and Doyle Rezone Clerk read memo from Planning Dept., dateH Nov. 16, 1977, which stated hearing dates should be set for the above fezones. Motion by Mayor Jarstad and Commissioner Schoneman to set Dick Rezone Hearing and Boyle Rezone Hearing on Dec. 14, 1977 at 10:30 A.M. and Backman Resone Hearing on Dec. 7, ]977 at 10:30 A.M., carried unanimously. CITY COUNCIL MEETING DAY CHANGE Mayor Jarstad suggested changing the day of the City Council Meeting from Wednesday to TuesdaV, st~l~ing this would g~ve the Clerk's and Attorney's offices more time to get all the work out by next Council Meeting. Mo~.~on by Maye ~arstad amG bommiss±vmer Stewart to change day of City Council Meeting to Tuesday mornings, beginning the first of the year, and refer to City Attorney to prepare the proper ordinance, carried unanimously. CITY COUNCIL MINUTES November 16, 1977 Page four COMMISSIONERS' REPORTS Commissioner Stewart: 1. Starting the first of December, will be a slight increase of parking rates in the parking garage. Would like to eliminate the deficit. Daily rates will be raised from $1.00 to $1.25 for all day and 25¢ an hour. Monthly parkera on 3rd floor will be raised from $]6.00 to $18.00, 4th Floor from $14.00 to $16.00 and top floor from $10.00 to $1~.00. Stated if no room for monthly parkers on these three floors, they can park on any other floor and during Christmas monthly parkers will be able to park on any Diamond lot with no additional cost. Stated this is still the best deal in town and this is only the third increase since he has been in office. 2. Last week suggested putting dog registration renewals on the computer. Has been working with PAWS Group and are pretty much in agreement. Talked to Bill Mahan and he wants the County to be in on it too. Stated it will not cost any more to include the County and he feels he can give them a fair deal. He stated the City just has not made the improvements in dog control that should have been made; that he has contacted King County and will be working with Jim Ryan. 3. Asked Mr. McCluskey if the parking ordinance for Port 0nchard will be ready soon. Stated that it would be helpful to him to have that change because he does not want to reprogram 'the computer. Mr. McC[uskey stated his office is working on the ordinance. Commissioner Schoneman: 1. Building permits for first 15 days of November: 14 permits for a total valuation of $3,508,143.00. Largest permit issued was for the Brementon-Kitsap County Vocational School Bldg. for $892,713.00. 2. Continuing with sewer project for the Human Services Bldg. and will complete the project this week. 3. As reported earlier, he has been appointed on the Advisory Board of Dept. of Transportation. First meeting was held last week at Seatac. The Board is composed of well-informed individuals from around the State with approximately 40 persons on the Board. The Board ffs divided into Pour groups and he chose the committee on highway construction. The chairman is the former State Highway Patrol Chief Bachefoner. There are senators and representatives on the Board. Discussed hazards of highways and the one Commissioner Schoneman is concerned with is what is to be done in the way of preventive maintenance of the Manette Bridge. Stated there was an engineering report about a month ago which stated that a bridge life- span is considered to be 50 years. He understood the Manette Bridge is reaching that stage. The centerspan was floated in during the year 1929. Said that Mr. Bill Korf of the State Highway Dept. has informed him they do examine bridges periodically for stress and strain and they are keeping ~he Manette Bridge under' surveillance. There are numerous bridges throughout the state where they have the same problem; however, his concern is the Manette Bridge, which can be constructed to a four-lane bridge or a new bridge placed there. 4. A week ago Monday, he attended a lecture which was also attended by Helen Graham Greear and she seemed 100% at that ~irne. Then she passed away w~th a heart attack, which came as a shock. She was very helpful to the City Council. She handled a number of cases for the right-of-way access for' the freeway and he had come to know her' pensona]~.y. Heregretted her' passing. Mayor Jarstad: Extended sympathies to members of the family of Helen Greear and friends. Noted that she was the attopney for the Bremerton Housing Authority for many years and did a good job. E1S - SINCLAIR INLET WASTEWATER EACILITIES PROJECT Clerk presented copy of EfS for Sinclair Wastewater Facilities Project. Mayor Jarstad requested it be sent to Wastewater and an additional copy sent to the City Attorney's office. CITY COUNCIL MINUTES November 16, 1977 Page :['~ PUBLIC RECOGNITION CharLes UI look, 1137 Lower Marine Dr., was present. City Clerk read two letters, the First dated Nov. 14, 1977, from Mr. Ullock concerning conflicting requirements appearing in Ordinance No. 1792 and in the Uniform Building Code and made certain recommendations to assist in eliminating these diffferences. The second letter, dated Nov. lb, ]977, concerned the IJBC, Ordinance No. 3190 and the Appendix in the IJBC. Ordinance No. 3190 does not speeifica]ly adopt the Appendix but there are reCef~ences in the Code. His letter brought out several chapters in the '73 and '76 editions of the Code arid noted that the City is using the 1973 edition arid it will require a change to Ordinance No. 3190 to inje~;t the ]976 edition. He recommended including the Chapters mentioned in this ordinance change. Commissioner Stewart stated he had been looking at h~s letter of Nov. ]4th arid he believes something should be done. There are problems with mud el] over the roads and he fe]t certain controls are needed. He said as far' as Chapter 70 is concerned, he would be glad to get it in focce on an emergency basis through an or'dinanee. Noted also there are several problems in con- noction with bu]ldozjng. Motion by Commissioner Stewart to at least go for this Chapter 70, Excavation and Grading, and get it passed on an emergency basis. Motion died fief lack of set:end. Commissioner Sotenemas remarked that the controls are there, but some- times can' t control the owner. He recommended that tel'ore a motion i.s passed to correct something, City Co~ncil should see what has to be corrected. Commissioner Stewart agreed to this but af'firmed there are problems. Mr. M~;C]uskey stated that his office is about ready to bring jn new Building Code 1976 edition for 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 Departments and see what should be done. Mr. U]]ook spoke concerning recommendations and the problems that come because of the differences on the same subject in the Codes and OrdLnance. Stated his letter was written ~o give some examples of conflicting things. Motion by Mayor Jarstad and Commissioner Schoneman to refer both these letters to the proper staffs for recommendation back to the Council and should include tThe City Attorney's Office, Planning Office and Buj I cling Dept., carried unanimously. Meeting recessed From 10:28 A.M. until 10:40 A.M. HEARINGS -Goit Rezone, individual Achievement, inc. and Heckler Re,;one Motion by Mayor Jarstad and Commissioner Stewart to ~old hearings as ]lsted above, carried urianjmous [y. '{'APE//]21 GOIT REZONE HEARING (A) Clerk stated he had advertised, posted and mailed letters of notifica- tion as required by law. He read Planning Commission Resolution No. ~:31 recommending denial of request for zoning change from H-] to B-~3. Clerk then read Planning Commission Minutes of Oct. ]8, ]9T7 and letters of opposition from Charles R. Ullock, Sejmer C. Paulson and Ted and Jean Belief. Clerk stated 16 advisory baiLlots were sent out, 6 returned with d agreeing and F disagreeing. Ken Attebery, Planning Director, spoke about the pr'oposed fezone using a colored sketch. t~e stated no plans have been presented to indicate any proposed use of the property. He stated this is a parcel of approximately 1.8 acres and the surrounding ]and use is R-] with NAD Park on the north side, across from the site. Cornmfs- sicnor Schememan af;ked questions about the status off the zoning on the exjstLng bu~ldjngs and the background of the arriving at a present CITY COUNCIL MINUTES November 16, 1977 Page six R-1 designation for that which was formerly Kitsap County Commercial and Mr. Attebery gave the information requested. Discussion was held concerning the two opinions that had originally been given which stated that the area was annexed with the County designation and the later opinion that the area was R-I under State law provisions. Mayor Jarstad stated the right of all parties, both residential and commercial, would have to be recognized. He discussed the right of people who live in the residential area and stated he was concerned with property values being increased by business designations. Also, the Mayor mentioned that one of the concerns of the Planning Commission in the Goit applica- tion was the fact there was rio site plan or proposed use. PROPONENTS: Martin Goit spoke in behalf of his rezone. He spoke of the change in zoning designation from County Commercial to City R-1 after he bought the property. He stated he had letters from the Planning Dept. which showed that the property was commercial. Stated he was in the process of filling and he wondered if he could continue with the fill. Stated he was leaving all the trees and 'leaving a buffer zone figuring on the fact he believed it was commercial property, and noted if it was resi- dential he could have wiped the land clean of all trees and barriers. He was under the assumption it was commercial until two or three months ago when he applied for a building permit. Stated he had some prospective tenants but no one would commit himself without knowing what is going to haOpen to the zoning. Commissioner Stewart asked if he would consider coming to the City Council with site plans and get the Council's approval. Commissioner Stewart talked about the point that if the City Council gave a blanket fezone which gives more than the County designation, it would be going up against R-1 and perhaps he ~an work something out on the development. Mr. Goit stated he was willing to leave in a buffer of 25 ft. and comply with all building regulations. He stated the area is wooded for approximately 50 ft. now but by the time he takes care of the back slope, it will take a little of that back feet but not very much. In answer to Commissioner Schoneman's question as to whether or not he would approve of a covenant on the ]and for only a professional building, he stated there were certain allowable uses in B-3 that he would be willing to waive. Some of them were discussed, particularly no. 6. Mr. Attebery summarized the uses in B-2 and B-3 zones. Commissioner Stewart stated he was in favor of working out something fair and he suggested having some written recommendation as to what limits could be on the property. Allen Clark, 6713, -15, -21 Kitsap Way, across from Walt's, stated he had just heard about the fact his property wasn't commercial and he has 365 ft. which was consLdered business in the County and he is now concerned about the ruling that has come up. Stated he has been there single 1986 and he is really ~oncerned about three pieces of property, 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 lockers and service station. He thought 250 ft. back was zoned business and the lake property was residential. Mayor Jarstad stated his advice for him was to start the process of rezone. Robert Backman, 6~.~6 Kitsap Way, stated he is in the same group as this man; that he had bought the property as commercial and that is what he paid for. Stated he had talked to a number of people along the area and none knew or were notified that they had lost or down- graded the zone. Mayor Jarstad said if the procedure was followed that is followed now, a genera] comprehensive plan would have been adopted for the area by the Council prior to the application for fezone. if this was done the proper zones could have been applied but there was a conflict with the State law at the time. Mr. Goit suggested tabling for one week and give him a chance to review what is being talked about; that he will look through the B-2 and designations and be better prepared. -6- CiTY COlJNC, I L MINUTES November 16, ]977 Page seven OPPONENTS: Charles U1]ock, 1137 I,ower Marine Dr., stated he was neither for nor against the fezone and discussed the aspect of an EIS and Ordinance No. 3306, Section W, which he read. He stated there were not enough facts available at this time to make a sensible non-significant impact statement. He believed that no designation of non-sigin~ficance should be made until the Council can see plans and if a non-significance :is made now, it would preclude changing irl the future. Anne Maleof, 278 Kitsap Lake Road NW, stated she was the only one present sDeak~ng for the Kitsap Lake area residents and Kitsap Lake Environ- men~)Association. Discussed a number of homes adjoining and near the property involved and stated there is no one who is opposing a business development in that area. Suggested that almost everything at the Kitsap Lake .lunction can operate on B-] zoning; that the Maple Dale Trailer Park could operate in R-1. Noted that the Kitsap County designation was business-general and this classification in the County did review what would be proposed to be put on the property. She dlscussed the fact that the law did not specifically state there should be a buffer zone and side screening. She noted ~here was dangerous traffic at the Y; hoped that there would not be large strip zoning on Kitsap Way. Suggested it would be nice if there could be access made behind the greenery store so ears could pull in behind the street. She was in agreement with the opinion that the area should be R-1 so everyone gets a charme to take another look at the area. She said that the entire area would be downgraded if this came in as B-3. She discussed planned corrlrnunity development. Stated she would prefer B-1 as less restrictive for the whole area and then have it based on site plans and application to the Planning Commission. Sjgnet Backman, 6116 Kitsap Way, stated there was a di~ference between Mrs. Maloof's statement and the President of the group who stated to the Planning Comrnission that; the area could go to B-2. Mrs. Maleof stated that the Kitsap Lake Environmental Association was talking about a blanket B-1 with B-2 uses where they fit in. There was some discussion regarding putting people under oath and Cormnissiorxer Stewart stated he favored this. Motion by Commissioners Stewart and Schoneman 'that people go under oath. Under discussion: Mayor Jarstad questioned this motlon at this time and Mr. McC]uskey 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 start oF a hearing. Also, there would have to be the determination whether cross examination would be allowed. Afttot discussion, Commissioners Stewart and Schoneman withdrew their motion. Jean Balten, 6114 Elaine Ct., stated she is opposed to B-3, Stated there are homes behind Star Rentals and those people don't think B-3 is compatible with the whole area. She stated there has be be set- backs and side screening and trees. Stated they bought their' property 20 years ago and would stand to lose if allowed without screening, etc. Stated thLs should be enforced on any zoning and not allow someone to come in who can't be stopped without a court order. She recommending writing the restrictions in so a new owner would know they existed. Stated traffic was very heavy. Jim Strait, 6530 Fiatlow DP., stated he was an old-time propenty owner and the first thing he knew was that a portion of his property was commercial, which the County did arbitrarily. Stated he completely opposes strip zoning; called attention to some problems of the flll being placed over' a drain and he had 'taken the former [o]annlng Director to see it and he was assured this would be fixed. But lateP he checked the draln on Maplow Drive and it was drainlng to Kitsap Lake solid mud. Mud has fl]led a dralnage area and now has turned it lnto a swamp area behind his house and it is a catch place for mosquitos. He discussed the traffic and stated any trafflc_{enePating business would be a problem to the area. -7- CITY COUNCIL MINUTES November ]6, 1977 Page eight Jean Balter stated that they are not out to shut down businesses, but the people definitely want the businesses to be compatible with the neighborhood Don Shultz, 7015 Kitsap Way, stated he worked for Marty Goit and he wondered what would happen in the future if the pnoperty is zoned as R-1 to the 25 ft. or 50 ft. of green belt. There would then be quits a mess on the site for the surrounding houses to view. Commissioner Stewart stated it looked like people are willing to cooperate on each side and the Council does not want to work a hard- ship on residential property or the others who have commercial. He stated the City had acknowledged that at one time. Mrs. Maloof asked for an evening meeting if this matter was continued. She suggested some type of comprehensive plan so everybody will know exactly the zoning classification on each parcel of property. Mrs. Balter asked about County property and Mayor Jarstad stated that the City does not have anything to do with it. Commissioner Stewart suggested the City can work with the County. Motion by Mayor Jarstad and Commissioner Stewart to recess this hearing to a future date for' which City Council will give proper notification of the time. Mr. (Jolt stated he was negotiating with some potential buyers and this action would place some hardships upon him. Stated he could see where this could be dragged out for six months or a year'. Mayor Jarstad stated that the City is going to look at the whole area and that they are going to take time with this which could take two or three months; that through negotiations with residents and meetings with City Council, something compatible that no one will object to can be accomplished. Further discussion was held about what to do with Mr'. Goit's fezone request application. Commissioner Stewart advised Mr. Goit that he should come in with some answer in connection with making Mr. Strait's property a marshy area. Motion by Mayor Jarstad and Commissioner Stewart to recess hearing for two weeks arid look into his problems, carried unanimously. Question was never' called on original motion; therefore first motion was riot passed. Meeting recessed from 12:25 P.M. until 12:30 P.M. TAPE #121 INDIVIDUAL ACHIEVEMENT, INC. SPECIAL USE PERMIT HEARING (A) 2~00 Clerk stated he had advertised, pcsted and mailed letters of notifica- tion as required by law. He then read Planning Commission Resolution No. ~3~ recommending den~al, Planning Commission Minutes of Oct. ~8, 1977. Clerk stated ~9 advisory ballots had been sent, 27 returned, with ~ agreeing and 23 disagreeing with the proposal. Clerk then read letter from Johnnie and Diana Harris, dated Oct. ~9, 1977, which explained the purpose of a group home and their goals for this. He resd letter from Donald J. Horowitz, dated Nov. 1], 1977, which explained the governance of group homes and foster homes. Clerk then read letters from Hanna Herreid, Leo Perry, Mrs. Oladys Stillman, Mr. & Mrs. Albert Peterson, Mr. & Mrs. Robert George, Rhoda & G. Gage, Mrs. H. Rybarcgyh, Milton and Marcella Stillman, Kenneth & Manger Swing]e, Kathleen Richardson, Mr. & Mrs. James Walker, Hannah Herreid, Leo Perry, Mrs. Li[Iian Trent, Clinton glomberg, Mr. & Mrs. James Thompson, Mrs. Calvin McDonald, and Mr. & Mrs. Alfred Hull with a petition attached with 82 names signed, all opposing the Special Use Permit. Ken Attebery, Planning Director, spoke about the Special Use Permit arid read the Staff Review. He stated the proposal is for a Special Use Permit for the establishment of a Group Home in an R-1 zone; that it will house from four to not more than ten minor wards o~ the court. -8- CITY COUNCIL MINUTES November' 16, 197'7 Page nine PROPONENTS: Johnnie Harris, 12657 NE 109th, Kirkland, spoke about the Group Norne and gave his background in psychology. He stated he works with people to help them feel better about themselves, and they in turn feel better about others. Stated he has worked with criminals and release programs for three years, and of 389 people who have been paroled, only ten peonle have committed more crirnes and been returned to prison. Stated he speaks at meetings as often as is possible or wherever' he thinks it will heUp. He stal;ed how a person functions is how he f'eels about himself and one of the things the public is going to have to do is not sweep problems under the rug; that putting youngsters with problems out in the country will not solve their problems. He stated further he will continue with this type of program whether or not this Special Use Permit is approved. Spoke abou~ having the Group Home located close to the high school and stated he might be of some help with discipline problems if this permit were approved; that he would be available to give guidance and help. He stated that he felt the neighbors were condemning them before they have been given a chance and he asked if the Council would approve even a temporary permit for three or even six months. Commissioner Stewart asked if any of these youngsters have committed crimes, and Mr. Harris again explained thab none of the children who would ]live in the Group Home would have been in an institution; that they are not delinquent. OPPONENTS: I,eo Perry, ]5i5 High St., stated there are already four other Youth Homes in the area and he does not feel another one is necessary. Stated he felt these children should be housed in a 6ester home so they have the advantages of a home life. Ellen Stillman, 8042 NW W~ldcat Lake Road, stated he is not opposed to what Mr. Harris is proposing to do, he just feels this is not the proper' place for' a Group Home. Robert George, Z526 Pennsylvania Ave., stated there is not enough spac~ in the yard for this many children and feels the size of the yard has been misrepresented. Mr. Attebery agreed the lot is 76' wide instead of ]02' and he stated that in the preparation of the mail-outs, the map was incorrectly done. Ken Swing]e, 1811 ]Sth 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 testimony was almost ~00% desire not to approve the Speeia] ~se Permit. Motion by Mayor' Jarstad and Commissione~ Stewart to concur with Planning Commission and deny request for Special Use Permit for a Group tieme, carried unanimously. Commissioner Schememan left the meeting at this time to attend a funeraq. TAPE #12] HACKLER REZONE HEARING (B) Clerk stated he had advertised, posted and mailed letters of notifica- tion as required by law. Clerk read Resolution No. 420 recommending den:Lal and letters oiI opposition from Mrs. Geraldine Tangen, Alfred and Olga Wold and a petition signed by Robert Johns and 13 other res~dents off the area. Clerk stated 47 advisory ballots had been senT;, 21 returned with 5 agreeing and ]6 disagreeing. Ken Attobery, Planning Director, gave background off the application and stated this was before City Council a number of months ago when only the west side of Mr. Hack]er's property was incJuded. He has mow enlarged the property to include the portion on which his private house stands. He pointed out the location on a map which showed the uses and surrounding pro~ertles. Discussion was held as to the dis- pos:Ltjon of storm water amd sanitary sewage and answered questions froin Commissioner Schonemarl. -9- CITY COUNCIL, MINUTES November' ]6, 1977 Page ten PROPONENTS: ttorton Heckler noted that he is negotiating for an easement south and also has a verbal agreement to utilize the power easement north. Stated that prior to coming to the Planning Commission, he had con- tacted 39 residents and many told him they were for his application and later they turned against it. 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 fit. Stated he had a meeting with neighbors and did not resolve a thing. Robert Banghart, with offices at 537 Fifth St., spoke for the appli- cant at great length, covered the background and pertinent points in depth (tape is on ffile). Commissioner Schoneman re-entered the meeting at 3:50 P.M. Some of the topics discussed by Mr. Banghart were density, proposed deeding of ton 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 building w~ll riot affect the view, aesthetics of the building and the site which he said will be pleasing. He stated that the Street Dept. had no objections. Also stated that some of the people are using East ]gth for storage of RV vehicles. ALso discussed the exit from the proper'~y which would tend to send the traffic out to go on Winfield rather than over' to Perry Ave. Said that the water pressure is sufficient. Me commented that they had the application remanded so they could have the entire area nezoned but still limit the area of use and still retain for a green belt. Have reduced density from 20 units per acre to 9 units per acre. He summarized by saying they will deed 10 ft. for right-of-wey and they will have adequate water and sewage connections. He stated they prefer 20 units in one building with a broken r'oof line rather than two or three buildings, there will be adequate parking and there will be picnic tables and a place to play volley ball. Also said that these apartments will not be fen low rentera. Read five conditions regarding the si~e. He showed several proposed plans for the building. In answer to Berenice Root who asked how much ~and would be covered by the rezone, he pointed out on a plan where Mr. Hacklcr's residence was Located and stated [:hat portion would be limited to a single-famiJy dwelling and indicated what ~hey are proposing to bu~ld with a covenant. Mrs. Root was concerned abou~ future use and the possible change of use of the property and Commissioner Stewart stated that the City eould pu~; a covehast on the fezone. Mr. McCluskey commented that it would be permanent unless all the neighbors within 250 ft. agFeed to a change ]n the Future. OPPONENTS: Berenice Root, ~819 Win~iold~ stated they own six lots, ~hree by his property and another three around the corner and she was against the rezone, having enough apartments in the area now arid the traSSic is bad at the corner of East ~Sth. She again stated she was concerned about property changing hands and getting a large apartment building on the proper~y. She eornplaLn~d bhat there were too many apartments in the ames and they would like to have the neighborhood preserved. Discussed the problems with traffic on Winfield and Wheaten and notices that the traffic Ls much more than a few month ago. She asked what Mr. Hackler's plans were regarding the bulkheading and he answered that he has been cortsideri. ng putting in a retaining wail for sometime and it does require some cooperation between neighbors; that, he did riot propose to put the octsiring wail four ft. back of his property line and would want to put it as close as possLble - on the line. ],t would entail -]0- CjTY COUNCLL MfNUTES November 16, 1977 PaSe eleven disturbing some of the root systems of the trees. He described the bulkhead being considered and stated it would be made of reinforced concrete. Mrs. Root stated she did not see how he was going to improv~ the neighborhood and Commissioner Stewart stated under the R-1 zone, duplexes could be built. Mrs. Quimby, 2]37 Highlands Ave., complained of traffic from apart- merits in the area. Stated East 19th was considered a one-way alley. Commissioner Stewart agreed there will be an impact from that property. He stated if City Council does not do something then something else wi]l happen and he would like to work something out that wilt be less of a problem rather than duplexes. Mayor Jarstad stated open space can be accomplished by the City Council in its motion that a covenant be placed that the open space remain. Olga Wold, 2]09 High]ands Ave., stated she was opposed to the type of building and the traffic with a narrow street and she does not ]ike apartments in her area. Commissioner Stewart stated that the restrictions could be drawn up in writing. All residents could come and look at the document and this hearing could be recessed and do this next week. Motion by Commissioners Stewart and Schoneman that the restrictions be written up and made available with what has been discussed today, broken roof Line, location of the building, bulkheading and other restrictions and the hearing be closed and make a decision at 9:00 A.M. next Wednesday, carried unanimously. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval of vouchers 150] thr'u ]508 inclusive in the amount of $62,419.57 and vouchers 01512 thru ~f~9~8 inclusive in the amount of $39,764.50, audited by John Ross,/carried unanimously. RESOLUTION N0. 1744 - WHITE'S BLUEBERRY FARM FUNDING Clerk read, "A RESOLUTZON authorizing application for funding assist- ance for an outdoor recreation project to the interagency Committee for Outdoor Recreation as provided by the Marine Recreateon Land Act and the $40,000.00 Outdoor Recreation Bond Issue of 1972". Motion by Commissioner Stewart and Mayor Jarstad to approve Resolution No. 1744, ~;arried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. NOTICE 0F AWARD - Moss Construction Co. Clerk road copy of letter to Moss Construction Co. from City Engineer, dated Nov. 10, 197'7, which gave Moss Construction Notice of Award foE' the Wheaten Way, Broad to Rldde]], Project. Motion by Commiss~oners Sohoneman and Stewart to approve Notice of Award to Moss Constructton Co. Under discussion: Commissioner Schoneman stated Moss Construction will begin Nov. 24, 2977 and will have 180 days to complete the project. Motion carried unanimously. ABYLLE REPORTS Clerk announced that reports had not been received from Engineering or'Suilding Departments on the Abil]e Land Use Restriction Compliance. Me stated a report has been reeeived froin Planning. Motion by Commissioner' Stewart and Mayor Jarstad to remind Engineering and Building Departments to bring in a written report concerning the Abille matter, carried unanimously. Meeting adjourned at 3:03 P.M. Approved: U]enn K. Jarstad, Mayor G. C. YeadonV"~r, City Clerk