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HomeMy WebLinkAbout04/04/78 .. ' · IJNAPPi{OVI};D 511NU'l'tsS CITY CO)[~!ISSION[CRS' ?,IF, I,:TING ,INUTES ~0~NCI[ April ,l, 1.978 APPROVED APR ] l 1978 'APE #130 ReguLar meeting of thc City Comrn'[ssJoners of the City of Brcmerton, Washington, B) 571 was held in the Council Chambers at Cii;y Hall, 239 Fourth Street, on Tuesday, April 4, 1978 at 9:00 A..~L, w[t:h 5!ayor ,]arstad presiding. Also pr,escnt were Comraissioner Stewart, Co~missioncr S~,anson, City Clerk i",im~dio, Asst;. City Att;o~ncy HcCluskey and ].cprescntativcs From the press and radio. Meeting was opened with Lhc Pledge of Allegiance and invocation ~as given by blayo r. Jarstad. MINUTES OF MARClt 28, 1978 Notion by >iayor Jarstad and Commissioncr Swanson 2o approve minutes as circu- lated, carried unanimously SEPAI~TIONS ~artin J. Krafcik, Parks ~ Recreation, Extra Labor, 4/3/78. gark Bergsma, Parks a Recreation, Extra Labor, 3/31/78. '~illia ~artin, Richard Osborn, Raymond Carpenter and Charles, Part-Time Playleaders, Parks a Recreation, 3/31/78. ~otion by Mayor Jarstad and Coaissioner Stewart ~o approve separations, carried unanimously. NOTICES OF EMPLOYMENT Susan Lcavell; ~layor's Office, Extra Help, $4.00 per hr., 4/4/78. Steven Laskoski, General Facilities, Extra ttelp, $3.00 per hr., 4/3/78. DwSght Feeser, General Facilities, Extra ttelp, $3.00 per hr., 4/3/78. Linda R. Stephens, Wastewater, Office Asst. I, $3.74 per hr., 4/3/78. Fare E. Hoshor, Parks g Recreation, Para-time Playleader, $3.00 per hr., 4/3/78. Joyce ~anda Thorcn, Parks a Recrea2ion, Papa-time Playleader, $3.00 per hr., 4/10/78. Charles Will_iam Cozart:, Parks g Recreation, Part-Time Playlcader, $3.05 per hr., 4/3/78. Martin .J. Krafcik, Parks g Recreation, Asst. Superintendent, $8.98 per hr., 4/3/78. Motion by Con~issioners SLowEr2 and Swanson ~o approve notices of cmplo~ent. Under discussion: Mayor Jarstad skaked that Mr. Krafcik finished highesk in the examination for the Asst. Superintendent for Parks g Recreation. Ifc stated Mr. KraFcik is employed ~ith the Bremcrt:on School 9i. stric't and ~:[11 work part- time m~til June 6, 1978 ~hen his contract: ~ith thc School. I)is~rSct expires; iha~ he is very pleased that Mr. Krafeik ~as chosen and he ~ill be an addition qo the Parks a Recreation Dept. ~otion carried unanimously. TAX]CAB DR[VEIlS' LICENSE APPLICATIONS Louis Dean Anderson, approved by Capt. Johnson for Chief of Police. Paul B. aauma~ II, approved by Cap~. Shoemaker for Chief of Police. Raylee Louise Pendlcton, approved by Capt. Johnson for Chief of Police. ~otion by Co~issioner Stemtrt and Mayor Jarstad to approve applications for t~icab drivers' licenses, carried ~animously. PgYROLL VOUCHER Claims Fund, Bank Service Fees fo~' special payroll report for quarter ending garch 19, 1978, $38.73, audited by dohn Ross. by Commissioners Stewar~ and S~anson to approve payroll vouche~', carried unan[mous ly. DAMAGE TO CITY PI~OP1.;RT~ Clex'k rtl, Optical pocks and lumb~¢ had been dropped in~o well casing aL Bridle: Ridge Well ~d it uas discovered on blarch 24, 1.~t8. She sgated the d~age was done by vandals and the estimated amount of damage is $1~500.O0. SURPLUS ITEMS - Cemetery Depfi. Clerk r{~portcd the following items are surplus t:o the r~eeds of the Cemetery: Tom,o model #19-Rotary Push rdo~cr; Torro model ~750-601276 Rotary Gear D~,iven Ncwer;.Jacobson Rotary Push Mower, 21-inch !Cas powered; 1.'~1C Bolcns, Rol:at,y 5~uJching Push i~19~'ez', lS-lnch BJa~c Case Po~.~cPcd; Sn:~ppcr. }b~;ary (k~ar 1)r:i. ver blower~ 21 inch Blade Gas Po~qerod; and Torro quardian Model #TNT 100-10042, 21-inch Blade Rotary Push CITY CO~43IISS]ONER5' ?,IiNUTES April 4, 1978 Page two 2,lotion by Commissioners Stewart a~d Swanson to declare items surplus and dispose of in thc best interests of the City, carried unanimously. CONTRACT TIME EXTENSION - COONTZ NEIGHBORIiOOD PYUIK Clerk read memo from Parks Superintendent, dated March 30, 1978, which requested a time extension from the anticipated cemplction date of April 1st to April 2Oth duc to unforeseen problems; encountered duc to electrical and drain problems. Motion by 3layer Jarstad and Commissioner Swanson to approve contract time exten- sion, carried unanimously. CHANGE ORDERS #4 g 5 - Wheaten Way (Moss Construction) Clerk read memo from City Engineer, dated ,~{arcb 30, 1978, attached to which were Change Orders //4 and #5 for work by [%Ioss Construction, Inc. on Wheaten Way, Broad to Riddell. Change Order #4 is for pavement removal in those areas necessary to prox. idea smoother riding surface at an estimated cos~ of $9,276.50; this is also for a Four calendar day time extension. Change Order #5 is for additional extruded curbingand paint striping to provide greater pedestrian and vehicular safety at an estimated cost of $1,659.OO. Motion by Commissioners Swanson and Stewart to approve Change Orders #4 & //5 as stated above, carried uhanimously. MANETTE AND WARREN AVENUE BRIDGES (Letter from DOT) Clerk read letter from W. A. Bu]iey, Secretary of Transportation, dated March 28, 1978, which stated that Mr. Zirkle will discuss the DOT's program in the Bremcrton area with the Council and intends to maintain a continuing coordina- tion with the Commissioner of Public Works and Utilities as well as other Commissioners. Commissioner Swanson requested that a copy of this letter be sent to him. WATER/SEWER BOND RESERVE ACCOUNTS Clerk read memo from City Treasurer and Citjz Auditor, dated March 29, 1978, which recommended that one reserve account in the amount of $555,000.00 bc established for various Water/Sewer Revenue Bond Reserve Accounts which have excess funds and thc excess amount of $71,722.28 be returned to the Current Water Fund. Motion by Commissioners Stewart and Swanson to follow recommendations of City Treasurer and City Auditor as stated above, carried unanimously. ESCROW AGREEMENT - Kitsap Way Supply Main, Grant Construction Clerk presented Escrow Agreement for Kitsap Way Supply Main with Grant Construc- tion Co. Motion by Commissioners Swanson and Stewart to approve Escrow Agreement, carried unanimously. CLAIM FOR D~,IAGES Maudana R. Pond, $592.29. Thc claim stated there was excessive damage to her drivewa3 as a result of surface water caused from overflow of storm sewer drain. Clerk stated tile claim has not been sent to the insurance company 3et, because she is waiting for a report from the Water I)ept. PUBLIC HEAaR]NG - DHUD BLOCK GRANT Clerk read memo from Grants Administrator, dated March 31, 1978, which requested that hearing bc set on April 12, 1978 at 7:.~O P.M. in thc West tIigh Cafeteria for thc proposed IfUD Block Grant. ~loti0n by 5layer Jarstad and Conunissioner Stewart to set hearing date on April 12, 1978 at 7:30 P.M. at West High School Cafeteria, carr5ed unanimously. ORDINANCE, FIRST READING - Temporary Taxicab Licenses Clerk read, First reading, "AN ORDINANCE amending Ordinance No. 5361 allowing taxicabs to bc operated with a temporary license issued by the City Clerk. Motion by Commmissioncrs Stewart and Swanson to approve ordinance on first reading, by title only, c:arricd as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Couunissioner Swanson, Yes. -2- CiTY COMMISSIONERS' }IINUTES April 4, 1978 Page three ORhIN~NCE NO. 3420 - Brooks(dc Park Associates Clerk read, second reading, "AN ORDINANCE amending'the Land Use Restrict:ions (Site Plan) adopked by Ordinance No. 3383 (Brookside Park Associates)." Motion by Commissioner Swanson and ~iayer Jarstad to pass Ordinance No. 3420 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDiNaNCE NO. 342~ - Foster/Brown Clerk read, second rcad~ng, "AN O[~BINANCE amending the use and area maps according to 0rdinancc No. 1792 {Foster/Bro~)." Motion by )tayor Jarstad and Commissioner Swanson to pass Ordinance No. 3421 on second reading, by title only; carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE NO. 3422 - G.O. Bonds, Swimming Pool Clerk read, second reading, "~q ORDINANCE relating to recreation facilities; providing for thc issuance and sale of $250,000 par value of 'Limited General Obligation Bonds, 1978,' of thc City to provide a part of thc funds with which to pay thc cost of constructing and equipping a covered swimming pool; specifying the maturities and fixing the form and maximum effective interest rate of such bonds; and cstablishing a 'Limited General Obligation Bond F~md, 1978.' Motion by Commissioners Swanson and Stewart to pass Ordinance No. 3422 on second re--g, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. O~)INANCE NO. 5423 - Additional Funds for 1978 Clerk read, second reading, "AN 0~)INANCE amending Ordinance No. 3402 and appropriating additional funds for the year 1978." Motion by Commissioners Swanson and Stewart to pass Ordinance No. 3425, carried as follows: Mayor Jarstad, Yes; Commissioner Stcwart~ Yes; Commissioner Swanson, Y%s. CONSULTANT SERVICES, UNIVERSITY OF WASHINGTON Clerk read memo from C~y Planner, ~Ta-~ A~-{1 4, 1978, which requested that Cii3y Council authorize the necessary signatures on the Letter of Agreement for Consultant Services with University of Washington Division of Community and Organization Development. Thc memo stated these services were anticipated in the 1978 budget for professional services in preparation for the community- wide comprehensive planning process; the total amoun~ available is $14,000.00 and this agreement is set at an amount not to exceed $11,735.00. Motion by Mayor Jarstad and Conm~issioner Stewart to approve Agreement and ~-tt~,]-6~izc Mayor and Planning Director to sign, carried unanimously. COST EST]MATE FOR UPDATING MUNICIPAL CO|)E Clerk read letter from As:~t. C~ty Attorne3 McCluskey, dated April 4, 1978, which stated the estimated cost for updating and revising the ordinances codified in the BMC would be $14,2OO.00. Motion by Commissioners Swanson and Stewart to proceed with updating and }.~visilng ordinances, carried unanimously. BII.LS ~n by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouc---~rs 03657 thru 0~?~7 inclusive J.n the amount of' $88,022.06, voucher ~632 in the amount of $20,000.00 and vouchers 3622 thru 5629 ~ 5651 inclusive in thc amount of $21,845.J9, audited by John Ross, carried unanimously. Meeting recessed from 9:50 A.M. until 10:00 A.M. BOAI~I) ()t" APPEALS Mayor Jarstad"'~:eported that each Commissioner has made suggestions of persons to serve on the Board o1' Appeals. Motion by Mayor Jarstad and Commissioner Stcwart to appoint Charles Collins, ~T6~uth Lafayctte- 3 yr. term; Bill Burchficld, 5681 Kitsap Way - 2 yr. term; Eddie B jerk, Marine Drive - 3 yr. term; Ken Hills, 110 North Lafayette - 1 yr. te~m; and Joe Stadler, Smith Neighborhood Area - 2 yr. tc~m, carried unanimously. -5- CITY CO~31ISSIONERS April 4, 1978 Page four Commissioner Stewart stated this is a big step howard improvi, ng the community and it ia import mt t( ~{ct rid oF some of thc eyesores around tewn. McC]uskcy stated that m~der thc ~976 Building Code (whJch has not been passed yet), this ~r~tp ma': have more duties than ,just the dangerous building ordinance. lie stated ~hings like Lunar Land could go before this group rather than City Commissioners. (:ommiss:ioncr Slcwart asked if this group could make final decisions in certain cases and Mr. ~lcCluskey replied that thc courts Feel City Commissi. oners should decide. !lc slated ~hese tloards make recommendations. lie stated a provision could be put in ko require an appeal in a specific period of time. Mayor Jarstad stated there is no provision for appeals ~o the City Council r:i. gh[ now; that Umse people appointed ~o %he Board have been selected for their backgrounds. Commissioner Stewart asked if this Board could cover the minim~ maintenance ordinance also. }lc stated he could not see the need For two separate Boards. blr. McCluskey stated this could be designated as thc proper Board for aKg appeal. COMMISSIONERS' REPORTS Commissioner Stewart: 1. S~ated ~hey are trying to set up a scheduling system for all jobs being done in ~he City and it is Felt Engineering would be %he best department [o handle %his. :~. Regaling the ordinance that was passed last week on animal control, he stated pet shops should be sent a copy of that oMinance because they are required to register their animals when they are sold in khe Ciky. 3. Stated an agreement is needed with both ~axi companies for taxicab service for handicapped. 4. He made a mo%ion in the form of a resolution: Mo%ion by Co~issioner Stewart and Coaissioner Swanson that the City of Bremerton parking meter collection position be bonded in the amunt of $10,000.00 carried unanimously. 5. Spoke of %he Civil Service rules that have been recommended by labor consultant and stated he thinks they are ~oo wordy and too hard ¢o understand. Ifc stated he thinks they should be condensed so everybody can understand them. Commissioner Swanson: 1. S~ated the community can probably look forward to sprinktin~ ra~es this year. Casad D~ has 1,351,000,000 gal. and is very close ~o being full. He stated wa~er sprinkling looks favorable this year. 2. Log harves~ through the end of March is mostly sbor~ logs and icg revenue total $10,669.00. 3. Stated the Charleston Treatment Plant will be open From 7:30 A.~. %o 4:00 P.bl. on weekdays and noon ~o 4:00 P.M. on weekends and holidays for operators o1' recreation vehicles Lo dump ~heir holding tanks, lie staked thc service will still be f~'ee, but due ~o vandalism and khef~ the hours must; be limited. If they are to remain open longer hours, it will be necessary ko charge for ~his service. ~ayor Jarstad: 1. Stated the contest on designing the emblem for the USS Bremer~on, the new attack submarine' which is being built on the east coast at this %ime, has been kicked off. The ~inner of the con%est will receive a fully paid trip back the christening of thc USS Bremer~on. 2. Stated Senator Jackson's energy committee is meeting in Sea%tlc and ~aking %estimony and he has been asked %o testify. He stated this is a difficult area and he can only give his a~m feelings on the mat~er. Bremergon is ~ique and is well-supplied by a private company (Puget Po~er). He stated :¢he committee is asking for i. npu% on how to distribute public power; that ~'lashington, Oregon, Idaho and blon%ana really have some problems in ~he area. Sta%cd he Feels we need %o make some sgatemen~ %o the effect ~hak Bremer~on has been served well by Puget Power. lie s~a~ed he Feels i~ is discrimination againstthc people .~n allocating %he public power and we are at aeruneh for available power supplies; that we need a say in legislation. Co~issioner Stewart staled he thinks Mayor needs the backing of the Co~aissioncrs when he %cstifics. blo[ion by Commissioner Stewart and blayor Jars[ad that %he City of Bremergon nob ~hc skand of blayor Royer and back ¢layor Jarst;ad in his staLemmts; the c.t~izens of Br~raerton have a right ~o low-cos% publie power as much ahybody else, camq ed unanimously. CITY CO~4ISSIONER5' ~It-NUTES April 4, 1978 Page £'i ve HEARINGS - Proposed Change to Comprehensive Plarm[ng Process; Lunar I,and Devc](~pmcnt; and Interim ^rterial Policy Resolution 5lotion by blayor Jarstad and Commissioner Stewart ~:o hold hearings in order listed above, carried unanimously. rAPE ]/130 PROPOSED CttANGE TO CO.~4PP, I,'.IfEN,SIVE PLANNING PROCESS {B) 827 Ken Attebery~ Planning Director, cxpl. aincd that the proposed changes in the planning process had been advertised in thc newspaper two days prior to the }leaving and he bad received no comments as a result of this advertisement. lie listed the fo]lowing changes: (1) ADVISORY COb/~IITTEE LEADEIISHIP - The Committee of Task Force Chairpersons shall appoint one of their members to facilitate each Advisory Committee meeting. (The Advisory Committee will meet as a whole only 2 to 4 times.); (2) TASK FORCE LEADERSttlP - Each Task Force will elect a chairperson and co-chairperson at its second meeting (no change); (3) TASK FORCE CHAIRPERSONS COblMITTEE - A committee of Task Force chairpersons shall meet weekly or as needed to discuss problems and weekly progress. Planning Dept. staff shall serve as facilitators for these meetings; and {4) COORDINATING BOARI) LEADERSHIP - The Task Force Chairpersons' Conmiittee shall designate one of their members to facilitate each Coordinating Board meeting, itc stated the reason for the suggested change is that it would allow for more citizen leadership from the "grass roots" while avoiding any possible special influence a permanent chairperson might be able to exert at the Coordinating Board ov Advisory Committee level; that this will also make each Task Force chairperson fed equally important arid no single Task Force will be able to dominate any other Task Force through Coordinating Board influence. ~4v. ,~Ic¢luskey and Mayor Jarstad left the meeting at this time. ~lotlon by Commissioners Stewart and swanson to approve proposed changes~ carried. Mayor Jarstad re-entered and ~r. Sexton replaced Mr. ~icCluskcy at this time. rAPE #130 LUNAR LAND DEVELOPblENT APPF, AL (B) 912 Clerk stated the hearing had been properly advertised~ notices had been sent to residents and she had posted as required by law. Ronald Lawson, President of Lunar Land Development, Inc., spoke about the appeal and reviewed whaL has happened rio this point, tie stated Lhat since receiving the stop work order, he has been working with the Building Dept. and thc City Attorney's office and various options have been presented as to how hc car', proceed with thc building. He stated he }las applJcd for a variance to build the loft irt the original location. It was suggested he move the ].oft over the carport instead of on the front and the result would neither change the height of the bulding nor 'the appearance of it, but it will result ii/ additional costs and extensive remodeling of thc plumbing to bring plumbing out to the bedroom. He used ~wo sketches to explain the proposals. He stated the new proposal to put thc loft over the carport will take more of the view away from the neighbors, especially to the west. tie requested that City Council. approve his building thc duplex the way it was originally designed; that they would like to be good neighbors and do thJs with thc least ~mount of interference and complications for everybody. Joe Rayburn, 2320 East 18th~ stated he has lived in the, neighborhood for 33 years and it isn't clear to him why, by making these alterations, a home would have to be as high in elevation as it is now. He asked why the duplex is still three stories high, Mr. Lawson replied that thc stairwell is designed to go up to that height and according to thc Building Code, they arc allowed to build to that height notwithstanding the third story or loft and it is the desire of the o~mer to have that hc'ight on the portion of thc building for thc view allowed, tlc stated hc i.s under contract to build the building to that specification. Mr. Rayburn stated most of thc neighbors agree t}mt a two- st:ory duplex is reasonable, but not three stories. Mr. Lawson stated they arc not outside the dictates of the pertinent codes and City requirements. -5- CiTY COM~ISSIONERS' :dlNUTES ^pril 4, 1978 Page Hc stated if they get an agreement on a var:iance, he wii1 do whatever the- City would require necessary to alleviate a situation where another builder or developer could point at this and say it is a precedent that has been established, lie stated he does not want to put thc City in that position, but he docs want to build it to the 29'4" height. Mr. Sexton read Mr. Lawson's letter of appeal and stated his alternative is a variance. He stated a request for variance would }lave to ~o through the regular processcs and that .is not presently before Council. The only question before Council today is the question of the validity of the.stop work order. Mr. Lawson replicd that he is not asking for an ilmncdiatc ruling. He stated the Building Dept. has recommended that they remove the whole problem by putting thc loft over the carport and as an alternative, they will do that. tlc stated he does want the Council to know that it will cause more of a concern for the view situation. Mr. Sexton stated thc decision of the change is between Mr. Lawson arid the Building Dept. and ar~ changes would have to be in confolmance with thc code and the zoning ordinance, tie stated the basic ruling today is the interpretation of thc three stories. Commissioner Stewart stated that these people are present today because they are concerned about this duplex being as high as it is and blocking their view. Mr. Lawson replied that the height will remain the same no matter how it is built. John Jackson, Attorney for Mr. l.awson, stated they are asking today that City Council make a determination if this loft is in violation of the building code. He stated it was approved by the Building Dept. Mr. Sexton stated the Council is being asked 'to inter, ret the code and it isn't a legal. question; that in Section 330 it says no building shall exceed the height of .30 ft. nor more than two stories. He stated the legal question is whether a ]oft is a story. Commissioner Stewart stated a decision will be made and still won't solve the problem; that he wished it could be solved in some way. t{e stated he did not need any testimony on t;his; that it was clear from reading the ordinance and building code there was only one decision that could be made. He stated he feels it is a third story. Mr. Lawson explained that on the plans it was referred to as three stories; that when he received thc building permit, someone had crossed off third s'topy and written down loft. l{e stated if he builds the building according to the stipulation that has been signed, it will have more of an interference with the people's view than it will be i.f they are allowed 'to build as it; was first planqcd. Hearing recessed at this time for bid openings. BID OPENINGS - Copper Sulphate and 3400 gal. Tank for Sludge Truck Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, carried unanimously. Copper Sulphate: Great Western Chemical Co., $50.00 money order enclosed, $.5461 per lb. Industrial Chemicals, $50.00 cashier's check enclosed, $3~895.O0. Motion by Commissioner Swanson and Mayor Jarstad to refer bids to Water Dept. for evaluation and award next week, carried unanimous]y. 3400 Gal. Tank for Sludge Truck: Truekwcld Equipment Co., $50.00 money order enclosed, $15,381.35. Clerk stated this was the only bid received. Motion by ~ayor Jarstad and Commissioner Stewart to award bid te Truckweld Equipmcnt Co. subject to meeting all specifications, carried unanimous]y. -6- CITY C0blMISSIONKRS' I~INUTt';S April. 4, 1978 Page seven LUN,MI LAND DEVELOPMENT APPEAL ( continued ) 0PPON],;NTS: Ken Eder, 2334 East 17th St., asked tip. Lawson questions regard{ng ~he height. of the building and ;,ir,. La'~aon staged i~ would be 29'4", wire[her ~he variance is granted op not. 3iI~. Eder staled he ~as confused abouk the height of 30 and the limi~ ~o t~o sgcpics and Commissioner S~e~art explained that a house can be built one or two stories up to 30 ft. in height, but a three-story structure carmot be built in R-1 areas. Mr. Eder asked Mr. Lawson ir he thought it was legal when third sto~j was changed to loft and Mr. Lawson replied that he knew when he got thc building pe~it he had the legal right to build the bull.ding and that it wasn't his concern. Alma Vetch, 2337 East 18th, stated ~hc has lived in the arcs fop 25 years, 10 years at her present address; that when they purchased their present home it was single-f~i]y dwellings only. She stated they don't like duplexes but they are legal in R-1 and they could go along with a two-story duplex provided it does not go over thc required height. She spoke of two rentals on the corner o~ East 18th and NJpsic and the possibility of someone buying them and building something like this duplex. She st'ated it is not fair to thc neighbors. She stated this will a three-story structure. ~ir. Vetch s~a6ed he is against the third floor on this building; that it is not a loft--- it is a third story. Joe Leaf, 2330 East 17ih, stated }ir. Lawson speaks of being a good neighbor but'he has presented them with a very thinly-disguised, unaccep6ab]e option ~oday and he feels the option would have to be called a threat, lle stated Mr. Lawson has pointed out that his loft gives him a certain elevation and the alternative he has presented today sounds l'ike a full s6ory above a two- story carport which would have ~o be considered one of the ugliest kinds of buildings ever seen. Mr. Leaf' stated iL scorns to him ~o be a threat to coerce them into accepting an unacceptable but]ding, lIc requested that City Council not lift ~he stop work order, tie s~ated he would like to talk to the Building DopE. ~o address thc question of a full floor above the carport. Sharon Stegemeycr, 2340 East 18~h, stated she does not understand why it is a realtor of interpretation; the code is very clear that there cannot be three stories and this is a three-story structure and it is in violation of thc code. She statcd the residents care about their neighborhood and they don't want a precedent set. She stated that a~cording to their covenant, all homes Jn their addition must be owner occupied. Commissioner Stewart explained that a covenant ~n 6hat land can have addJLionai restrictions ovci~ and above thc building codes and the citizens in thc arcs have ~o take civil action against the people who are Jn violation. Mrs. Stegemcyer asked what they planned to do to bring sewer~to this duplex and Mr. Lawson stated they agreed to ex'tend the sewer up to 6he corner of the lot and install"an 8" main. lie sta~ed further the neighbors would be better served wi~h ~his new main. A lengthy discussion followed between the two regarding the sewer and tearing up the street to install it and Mayor Jarstad commented hbah ~hese questions are not germaine to the question before the Council today; that; the City is making sewer repairs all over the City. Glenn Vockrod6, 1409 Marlow, stated he was speaking ~or the Manctte Neighbor- hood Association. l{c su~gestcd canceling the building permit and requesting that he submiL an accephablc pi;m; then thc Plannini~ Commission should rule whether, this is ucccptablc, lie 5tat:cd thcx'e will. still bc three stories even if the loft is moved over the carport. Jauics Latham, 2340 East l?th St., stated hc does not object to the third floor, he objects to thc whole building, lie staled his house is directly behind the duplex being built and his privacy bas been e]imina'tcd comp'Icl:ely. He presented a letter from Tom McWill~s, 2336 East 17th, opposing the construction. Clei.k read the letter', which is on file in the Planning -7- CITY COM:qtSSt0NERS~ ,~INUTES April 4, 1978 Page eight Glenn Vockrodt stated hc is very concerned thai; there is more than one violation here. tie quesi;Jom:d the back yard setback and stated someon~ should check this very care['ully. James Jones, 1730 ~ipsic, stated it is a beautiful neighborhood and he is very concerned about the L~o lots and what will be built on them. Commissioner Stewart a~qked if there is a covenant on this property and Mr. Jackson replied !:here is no violation of any known covenants. He suggested a meeting between Lunar Land Development and the Manctte Neighborhood Association to try and wnrk things out. Mayor Jarstad stated it would appear ~rom the testimony and the statements that; have been made that the City Council has only one rant to determine and that is whether the laws and ordinances have been followed. He stated he thinks it mus't be recognized that living quarters constitute a story. tl~ stated it is very clear to him that thc Building Dept. was proper in making the dete~ination that there were living quarters which were clas- sified as a third story and they were correct in issuing a s~op work order. Clerk read thc stop work order, which is on file in the Planning Dept. Commissioner Swanson su~arized Stipulation to Allow Construction and stated it is a rather limited removal of the stop work order and enables thc contractor to proceed with portions of the building that arc within the code and height limits. He stated they will not be permitted to proceed with any third floor work and hc was asked to bring in a new set of plans. Commissioner Stewart stated thc City zoning building codes are not specific enough for certain areas. He s2atcd this is one. of the nicer neighborhoods in the City. He stated thc zoning laws and building codes are not restrictive enough; that it is too broad a coverage. Motion by Co~issioners Swanson and Stewart that the loft is a third sto~ and i~ in violation of the building code, carried unanimously. PUBLIC RECOGNITION J~es Jolin, 5664 Benjanin Rd., requested that City Council place h~s applica- tion for rezone from R-1 to R-2 on the Planning Commission Agenda for ~ril. Mayor Jarstad asked Mr. Attcbery if there was sufficient time for advertising and Mr. Attebery stated there was provided Mr. Jolin provides a legal descrip- tion and a list of property owners. Mr. Jolin replied that hc has, Motion by 5?ayor Jarstad and Commissioner Stewart to place this item on thc Planning Commission Agenda in April as requested, subject to there being adequate time for advertising, carried unanimously. ~APE ~130 INTERIM ~iTERiAI, POLICY RESOLUTION ',B) 1627 Ken Attcbery, Planning Director, stated the co, eats from different departments and the Kitsap Lake Neighborhood Association have been reviewed and the changes the proposal have been added, lie stated there are two points which he did not feel he, as an individual, should change: that no further rezones be considered on Wheaton Way and K~tsap %~ay. lie stated the Planning Commission ~as quite committed to these and thc others are nnt changes in Planning Co~nission thinking but rather c]arifica%ion in their thinking. He encouraged the Co~issioners to review the comments and possibly be prepared to adopt this Interim Resolution which the Planning Commission intended as some policies to use until such time as the Comprehensive Plan comes thpough. Mayor Jarstad stated the question of further rezones on Kitsap Way and ~heaton Way were thc only objections that were heard from thc public. He stated thcse people want to utilize their properly and he has to agree with them. Hc stated these people should bc allowed the opportunity to come before Council under the present regulations and haw~ a public hearing. He slated before the rcsolution is adopted, each Commissionc[~ should review these points. CITY CO~l.Xl I SS [ONkk.. Apri] 4, 1978 Page nj ne Oiscussion was .held 'regarding hci[;ht limits and Commissioner Stewart stated he thinks a 24-Feot height ~'cst~'[ction would bc plenty Fnr a two-stm~y house. ~layor Jarstad statcd be would rathcr act it at 26 feet,, with an opiion for a wtri~ce to 50 feet. Con,missioner 51:.ewart stated it does not matter in some areas, but height limits should he restricted on view property. Commissioner Swanson stated he has to agree with thc Mayor about hearing reqaests on an individual basis, lie stated thc~'c are ceI.~.ain areas of R-1 where no one would contemplate building a home and Wheaton Way and Kitsap Way ape two of these areas. }{e stated commercial development is all that is appropriate for these two areas. Sandra Binz, 251 Sugar Pine, President of ShcPidan Neighborhood Association, spoke about Hapk5ns Place and she stated that in Feb., ~hc3 held a meeting asking thc people of Itarkins Place ~o explain %heir posiLion. She stated in 5iarch thc subyect was discussed fupthcp and it was voted to endorse the p6sition of thc IlaPkins Place neighbors that ].ow-key business be allowed there. She ppcscnted a letLem stating this', dated btapch 29, 1978, which is on File in thc Planning Dept. She s'ta%ed the reason i% is being presented today because of the arterial question and thc question that had been addressed b the Commissioners about pezones no% being allowed in specific areas. She stated that people who ape directly affected want it rezoned and she is presenting this today ~o let thc Council know the Sheridan Neighbophood Association has had a change in policy. 5layor Japstad stated there is property by East ttigh that has never been pezoncd and he would like to see it landscaped and kept open space; that he does not want any mo~e t~affic genePated there. hips. Binz explained the questions that were on ~he questionnaire which was sent out. She stated most of the residents wePe concerned about the safety of the children c~ossing Wheaton WaX. She stated they a~'e also interested in parks and mini-parks and buffering of t~affic. Also, people in Olympic Manor do have the concern~ about traffic and danger to children. CommissioneP S%ewapt stated the limit of ingress and egress would be a good way to solve the traffic problem. Bill FoPh~, 3314 Harkins Place, sta~ed he agrees completcl~ with 0apstad and feels tha~ each request should be handled on an individual basis. Motion by Mayor ,lars~ad and Commissionex. Swanson to close head'ins and that testimony be incorporated into the Interim Policy Statement and brought back b3 Planning Dept. at a later date fop adoption, calTicd unanimously. CHkNGE OIII)ER ~1 - Kitsap Way Transmission Line Commissioner Swanson presented Change Order ~-~ fop installation of a 16" x 8" tee in the Kitsap Way Transmission Main at Bipchficld at an increase of $100.09. Hc read a memo from George ~Io%tnem, dated April 3, 1978, which stated the City will supply thc ~.518.00 tee and the centractor has agreed to instal] it. Motion by Conmi. ssioncrs Swanson ~d Stewart to approve Change Order incl'easc of $100.00, carried unanimously. BID AW~ID - Sludge Tank Fabpication Clcrk read memo f~om Wastewater ~uperintendent, dated April 4, 1978~ which rccomiendcd that bid bc awarded to Truckweld Equipment Co., as thc only r.~dder fo~ Sludge Tank Fabrication. Clerk stated a motion had been made earlier in the meeting. b~eeting adyourned at 12:25 Kathlcen L. ~4andio, C:ity Clerk Apt)roved: (]ienn K. Jarstad, i,layor -9-