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HomeMy WebLinkAbout10/08/75 TAPES #69 "B", 70 "A" ~ 70 "B" CITY COUNCIL MEL'I'£NG OCTOBER 8, 1975 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers of City Hall at 9:00 a.m., PDST, ~dnesday, October 8, 1975. Attending were: Mayor Japstad, presiding; Con~ssioner Stewart, Con~nissioner Sehoneman, City Clerk Yeadon, Asst. City Attorney Sexton, and representatives of the press and radio. Meeting~ opened with the Pledge of Allegiance and Invocation by Mel Unruh of Sit,tit Avenue Presbyterian Church. MI~J~ES ~ of October 8, lg?$, were ~ead and approved as amended. SEPARATIONS C~don Kraetsch, Serviceman II, Water Distribution, Own Request, 10/6/75. Michael Middleton, Extma labor, Parks g Recreation, October 1, 1975. Arvilla 0hlde, Playleader, Parks g Recreation, August 15, 1975. Clarke Johnston, Water Supply~ CE'FA, Sept~nber 23, 1975. Motion by Con~nissioner Schoneman and Cc,missioner Stewart to approve the separations, carried unanimously. Gary Alden Heath, Municipal Garage, $4.76, hr., Auto Serviceman II, 10-6-75. Motion by Con, missioner Stewart and Con~nissionem Schoneman to approve the employment, carried unanimously. CHAN~ES IN PAY STATUS Francis Kosel, Servicenkmn II, Water Dist., $N.63 to $5.10 hr., October 6, 1975. Ray Baker, Serviceman Se~nior, Street Department, $5.~9 to $6.02, October 6, 1975. Michael Bell, Cement Finisher Senior, Street Dept. ~ $5.58 to $S.02 hr., October 6, 1975 Lawrence Foster, Patrolman 2nd to 3rd year, $974.~0 to $1,021.72, October 5, 1975. Gregory Steele, Patrolman 2nd to 3rd year, $97~.40 to $1,021.72, October $, 1975. David Stallman, Engineer Aide, Water Distribution, $3.25 to $.75, October 6, 1975. Cedric Ri~Ks, Serviceman II, Water Distribution~ $4.95 to $5.33~ October 6~ 1975. Steven Jaynes, Service~3n II, Water Distribution, $4.91 to $5.10~ October g, 1975. Wayne Hamilton, Serviceman II, Water Distribution, $4.88 to $5.33, October 6~ 1975. Don Craig, Serviceman II, Water Distribution, $4.88 to $5.10, October 6, 1975. Motion by Oommissioner Schoneman and Cul,~ssioner Stewart to approve the Changes in pay status. Commissioner $choneman cuJ,,',,ented that there are City employees leaving their jobs due to low pay scales and this usually takes place after the City has grained them for the jobs. Cor~nissioner Stewart states he realizes this is a problem in Wastewater Division~ but doesn't apply to other city employees in genel~al. Cc~missioner Sehoneman also conmented he felt a new register should be called for every six months instead of the two-year period established under Civil Service guide- lines. Pbtion carried unanimously. APPLICATIONS FOR TAXICAB DRIVERS LICI~{SES Clerk presented applications for taxicab drivers licenses from Richard L. Boggess~ Williem K. ArmstDong, Sr. , Rodney Newell Winger, Steven Michael luther; all approved by Captain Devery for the Chief of Police. Motion by Conmissioner Stewart and gonmissioner $choneman to approve the applications, caz~ied unan~usly. CASCADE ~%ATJRAL C~ CORPORATION EASEMENT City Clerk explained that (buneil p~eviously approved an easement which was a grant of might-of-way mather than an easement to Cascade Natumal Gas Corpomation for their cathodic protection facilities at Lions Community Playfield; however, the City Attorney's Office did not approve this document as to form and a new docu~nent has been submitted fop the City's approval which does meet with the Citv Attorney's Office approval. Motion by Mayor Jarstad and Ccmmissioner Stewart to accept the new easement in lieu of the previous document and authorize the Mayor and City Clerk to sign~ carried unanimously. ~qURPLUS CHAIRS - POLICE DEPAR/MENT Clerk read memo dated October 1, 1975, from Asst. Chief of Police to Purchasing Division requesting. that old squad Doom foldinM chairs be declared surplus as they are not needed in the Police Depa~ · b,,e_nt. ~otion by Mayor Jarstad and Cu~,,,issioner Stewart to declare the cba{~s surplus to be disposed of [~ the best interest of the CJtv, earmied unanimously. FIRE DEPARTMENT VAN BID CALL ADDt]qDUM Clerk reported that bid call has gone out for a van~type vehicle to be used by the Fime Depa~.t~nt and the specificatiens indicated that the 1967 van presently in use would be traded in towards the new vehicle; however, it has been decided that the 1967 van would be retained by the City for use by the F~blic Works Depa~,b]ient. COUNCIL MINUTES - OCTOBER 8~ 1975 - CONTINUED Motion by C~,',,{ssioner Schoneman and Mayor Jamstad to authorize the bid call addend~n in o~der to ~et-~ the 1967 van presently being used by the Fire De~.hL~ent~ carried unanimously. MARINE DRIVE LID - PROCRESS REPORT Clerk read m~no dated October 3, 1975, f~u~L City Engineer to Cu~issioner Schoneman submitting report fr~n Ge~r~/ Tbomburgh outlining the status of the petition for the Mamine Drive LID and indicating there is still quite a bit of w~rk to be done to obtain a sufficient petition. Lengthy discussion followed and C~,~,,issioner Schoneman stated that the entire Marine Drive point area should be included in this Local Improvement District; however, not enough signatures have been obtained. Cum~ssioner Stewart stated he is very concerned about the manner in which IDS's have been handled; that theme should be a legal opinion obtained on all Lr~'s, there should be some mmney going into a Local Improvement District Reserve Fund, and we should be able to pay off the bonds inmediately after receiving the money from the LID. Mayor Jarstad suggested that Mr. Stewart put his concerns in writing so the bond counsel can be contacted to work out any flaws. Co~missioner Stewar~ stated the City is not following State law at the present time. Mayor Jarstad stated he ass~es the City is following State law until he can be presented with some documentation proving otherwise. REQUEST TO ~3RCHASE CITY PROP~TY (SCIFERS) Clerk read letter dated October ~, 1975, frcm Collen g Leonard Scifers requesting consideration to purchase a piece of proper~y in Smith School a~ea. Letter refezmed to Cu~,,~ssioner Schoneman and City EnKineer for rec~,,,endation to the (buncil. Ln'rr~ - BRB RE: SC}~JYLER ANNEXATION Clerk mead letter frcm Boundary Review Boamd to City of Bremerton dated October 2, 1975, advising thev decided not to invoke jurisdication on the Schuyler Annexation matter and a hearing will not be required unless demanded by an interested party prior to October 26, 1975. Mayor Ja~stad instructed the Attorney's Office to prepare the necessary document providing for the City's acceptance of the annexation and this be brought to Council immediately after the October 26th date. PMOCLAMATION - UNITED STATES NAVY DAY Clerk read proclamation of the Mayor proclaiming October 13, 1975, as '~Jnited States Navy Day". Lieut. Jerry Landers, Seattle Recruiting District; Chief Magnuson and Chief Lyon, B~emerton Recruiting District, were present at the meeting and presented the Council with Navy pens and "Go Navy" buttons, and thanked the Council for their cooperation in the proclamation and the opportunity to observe their government in action. Mayom Jamstad expressed appreciation of their attendance and services. OUTSIDE UTILZFY AGRZTMENTS (MARTIN/HICkS) Clerk read memo dated October 8, 1975, from Asst. City Engineer W~ight to City Council submitted Outside Utility Agreement and Application f~u,~ Henry Martin of 1150 E. B~oad Street for a sanitary sewer and explaining the connection will go into the sanitary; sewer beinK constructed by M~. Mathwig who has an Outside Utility A-~eement and a reimbursement agreement previously approved by City Oouncil. - Clerk read memo dated October 8, 1975, fr~m Asst. City Engineer Wright to City Council subnittin~ Outside Utility Agr~3nent and Application fDom Hu~ley Higgs for property on the Kitsap Lake Inter- ceptor Line for which he gave an easement to the City. Motion by Commissioner Schoneman and Commissioner Stewart to approve these two Outside Utility Agreements, carried unanimously. ORDINANCE NO. 3250 - LI'I'I't/M CONTROL Clerk read, second reading, An O~dinance prescribing design and placement for litter receptacles; prohibiting d~naging litter receptacles; providing for litter removal and mandatory litter bags; regulating litter control in public places ~ sidewalks ~ streets and pmivate residences and propel~ry; regulating the distribution of handbills; prohibiting throwing of litter frc~ vehicles, watepcmaft and aircraft; providing for city inspections for litter oontrol camplianee and ~eceptacles; pme- scribinK enforcement officials and procedures, generally regulating and prohibiting litter; and providing penalties. Motion by Commissioner Stewart and Commissioner Schon~aan to pass Or~linance No. 3250, carried as ~611c~s: Mayor Ja~stad, yes; Cum~issione~ Stewart, yes; Cu~,~issionem Schoneman, yes. 0RDINANCE hD. 3251 - BRIDGEVIEW RETDNE Clerk read, second reading, An 0~dinance amending the use and a~ea maps according to Ordinance No. 1792, (BPidgeview~ Inc.). Motion by Commissioner Schoneman and Comnissioner Stewar~ to pass 0Pdinance No. 3251, carTied as ~6i~--~: Mayor Jal-stad, yes; Comnissioner Stewart, yes; Cu]~[ssione~ Sch0ne~an, yes. MeetinK Recessed 10:00. Called to O~der 10:12 a.m. COUNCIL MIhUTES - OCTOBER 8~ 1975 - CON?INUED RE~gRTS - CO~ISSIONER STEWART: 1. Noted that County sewer char~es have been increased and the City of Bremerton rates are lower than other areas. 2. City Treasurer is current on all billing operations. The Treasurer's Office front counter has been converted to take care of both water bill collection and water custc~er service. Marylyn Barry indicated that the operation is goin~ well with the microfiche syst~n. 3. Have had discussions regarding property liens placed as a result of delinquent garbage bills. Feel someone has to be responsible for the garbaEe bills and at the present time it is the property owners. 4. Reported that State Ex~niner has been working at the City Hall for a week. 5. Reported that he received a call frcm the Police Department Saturday night due to the leakinK roof at City Hall; repairs have been made for an ~nount of $20.00; hope the situation doesn't Ket any worse. REPORTS - CO~ISSIONER SCHONEMAN: 1. Street Depa~'-b,~nt is placin~ storm sewer on Ivy road east of Wheaton Way and this project will eventually Ko to Almira Road where deep ditches presently exist. 2. ReKardinK request frcm the handicapped for r~nped curbings, there will be a continuous proKram and rampin~ will take place first in the downtown area. 3. Fatal accident occured at Cambrian ~ Preble; this intersection has been evaluated in the past at which time a flashin~ arrow was placed. Flashin~ lights should now also he placed. ~. Soroptimist Club should be tanked for the tree plantin~ throughout the City; only four have been replaced which is a good record for successful planting. 5. Surprised at County sewer rate amounts increase which is higher than City charEes. D~MOLITION OF OLD COAL DOCK Cu~,,issioner Schoneman reported that an inspection has been made of the old coal dock at Lions Field and the pilin~s are in good shape. Pilings should be left standin~ and plankinK and stringers should be replaced. Motion by May~r Jarstad end Cu~/~ssioner Stewa~ to authorize the Park Depar~nent %o proceed with removin~ the rotten timber off the dock and to leave the pilings at this t~ne, carried unanimously. .REQUEST TO LEASE CITY PROPERTY Cu~,~[ssioner Schoneman reported he has received a request to lease 6.4 acres of City property at Anderson Creek Watershed and feel this should go out to bid; also~ stated a "For Lease" sign should be placed on the property and minimtr~ ~nount of $700 should be set. Motion by Conmissioner Schon~an and Con?nissioner Stewart to authorize bid call for the lease of t--~s property indicating a minimum amount of $700 per month and a sign be placed on the property advertisin~ that it is up for lease; carried unanimously. REPOrtS - MAYOR JARSTAD: 1. ~ave Fire Depar'b,~nt Report for the month of September showin~ 25 fire calls~ 26 first-aid calls, Building Loss $22,000, Content Loss 11,000~ no injuries. Ccmplimented the Fire Depa~b~nt and Fire Prevention Pr~. Urged citizens to inspect their homes for possible fire hazards durin~ this week which is Fire Prevention Week. Motion by Mayor Jarstad and Co~ssioner Schon~man to hold hearings as scheduled on the a~enda~ carried unanimously. (Cc~nissioner Stewart left to sit in the audience due to interest in the next matter. ) OLYMPIC SAVIN~S/SORIAN0 CHAN~.~E SITE PLAN (TAPE #70 "A") Clerk stated he published notice of hearing in official newspaper~ mailed letters of notification to those persons within 250 feet of the property proposed for rezone~ and posted the prope~.ty and public places; all at the proper time as required by law. Clerk read PlanninK Co~mission Resolution No. 315 recu,,,,endin~ approval of the application with the following conditions: 1. Develo~nent of the site for interim use shall be essentially the same as the site plan attached hereto marked "~khibit A". 2. Access to the property shall be frcm Kitsap Way and National Avenue with approval from the Police-Traffic Department. COUNCIL MINUTES - 0CrOBER 8~ 1975 - CONTI~J[D Clerk read Environmental Assessment and Staff Review reeum~ending the request for an interim site plan be approved and the site shall be developed essentially as stDwn on the attached plan marked as "rxhibit A". Motion by Co~tissioner Schoneman and Mayor Jarstad to accept the Environmental Assessment as cnm- ~ carmied unanimously. Clerk read excerpt of Planning C~ssion Minutes dated August 20, 1975, indicating unanimous approval in accordance with above Resolution No. 315. Clerk read the following De~.hnental Reviews: Police Traffic - No objection but the access to a~ea while traveling east on Kitsap Way would be almost impossible; Engineering Depa~.bnent - No objection; Water Depax-~nent - No objection; Fire Depsx.buent - No objection. George Plescher, City Planner, gave presentation to the Council showing pmoposed site plan for the development and location of same. PI~PONENTS Robert Stewart, President, Olympic SavinKs g Loan, was present and stated he would be happy to answer any questions of the City Council. No persons spoke in opposition to the request. Motion by Mayor Jarstad and Cu~,~issioner Schoneman to close hearing and follow reoo~mendation of the Planning Co~ssion in appzuval of the application; carried u~an~mous'ly. PATSY WALKER REZONE - R-1 to R-2 (WALM3T STR~£) TAPE #70 "A" (170) Clerk stated he advertised notice of public hearing in official newspaper, mailed letter of notification to those persons within 250 feet of the p~oper~ry proposed for rezone as well as other inteDested persons, posted the property and public places; all at the proper time as required by law. Clerk read Plannin~ Cc~ssion Resolution No. 310 recu~,nending approval of the~rezone with the followinK conditions: 1. that the site he developed for one ten-unit structure essentially in accordance with the site plan, including landscapin~ and screening. Clerk read Excerpt of Planning Commission Minutes dated August 20, 1975, at which time a motion was carried unanimously to approve the rezone in accordance with above resolution. Clerk read Fnvironmental Assessment and Staff Review dated June 10, 1975, and Addend~n to same dated August 15, 1975. Revised Staff reconmendation was that the rezone be appreved with the condition that the site be developed according to site plan includin~ landscaping and screening. Environmental Asses~nent determined that a final EIS would not be required because the rezone ~uld have no significant adverse enviror~ental affects. Motion by Mawr Jarstad and Com~ssioner Schonem~n to accept the Enviror~nental Assessment and Addendt~n for same as ecmplete, carried unanimously. Clerk read the following Depaz.b,~ntal Responses: Police Tmaffic - NO objection; Fire Depsx.buent - No Objection; Water Depaz.bnent - No Objection; Engineering Depa~,buent - No Objection; Street Department - No Objection. No one spoke in favor of the rezone and no one spoke in opposition to the rezone. Motion by Mayor Jarstad and Commissioner Stewart to follow reconmendation of the Plannin~ Commfssion and approve the rezone in accordance with site plan including landscaping and screeninK, carried unanimously. LANG RETDNE - R-1 to B-2 (SHERIDAN ROAD) 975 Clerk stated he advertised notice of heamin~ in official newspaper, mailed letters of notification to those persons within 250 feet of the property proposed fop rezone and interested persons~ posted the property and public places; all at the proper t~me as required by law. Clerk read Planning Cu~,~dssion Resolution No. 314 recommending approval of the rezone in accordance with site plan. Clerk Dead Environmental Assessment and Staff Review dated August 7, 1975, determining that a full EIS is not r~quired because the development has no significant adverse enviror~nental affects. Staff recon~endat~on ~as that the rezone be approved in accordance with the site plan. Motion by Conmissioner Schonenan and Co~missioner Stewamt to accept the Enviror~ental Assessment as conplete, carried unanimously. Clerk read Excerpt of Planning Cc~mission Minutes dated August 20, 1975, at which time a motion was carried unanimously to approve rezone in accordance with site plan. COUNCIL MINlrFES - OCTOBER 8 ~ 1975 - CONTI~3ED Clerk read the following Depa~.b~Lent Responses: City Engineer - Storm and Sanitary sewers are being constructed on Sheridan Road f~cm Pine to McClain ~ existing ditches can probably carry storm run-off until storm sewer is extended, developer may be required to participate in consi-~uction of about 300 feet of sanitary sewer in Sheridan Road to service his property and may be required to consi-~uct curbs and sidewalks at his property and a slope easement for anticipated construction~ it will be necessar~ for the owner to provide the City with 2D-foot right-of-way along Stewart Road; Water Depa~.O~,ent - No Objection; Police Tmaffie - No Objeetion; Fire Depa~.b~tent - An additional hydrant should be placed at Sheridan Road and Stewart Road; Street Depa~'.h~'tent - No Ob~ ection. GeorKe Plescher~ City Planners explained that the 1.8 acre site fronts on Sheridan Road. Explained that the proposed clinic ~uld include three structures which would all appear to be one story above grade. Stated the Ccmprehensive Plan indicates this a~ea for low-medium density; howevers residents in the area are up-dating this plan and hope to lean towards natural urban and I~upal development. Cc, missioner Schoneman asked if the Sheridan Road access could be a traffic haza~d~ and Mr. Plescher stated he didn't feel it would be a problem. PROPONENTS Tom Emrich~ Architect, was present at the meeting in favor of the proposal and available to answel- questions of the Council. No one spoke in opposition to the rezone. Mayor Jarstad stated this was a good use for the pDoperty and very conpatible with the area. Motion by Conmissioner Schonemen and Mayor Jarstad to appmove the rezone request as reeu~,~ended by Planning. Commission, carmied unanimously. BID 0PENI~q~ - FIRE DEPARTMENT VEHICLE Motion by Mavor Jarstad and Co~missioneP Sehoneman to open bid as scheduled on the agenda~ carried unanimously. Jim Traveller's Motors, bid deposit (see below) .................................. $3,781.00. Jim Traveller's Motors, bid deposit (enclosed) .................................. 3,929.00. Bennett Ford, bid deposit enclosed ............................................... 3,802.10. Motion by Mayor Japstad and Co~missioner Stewart to refer the bids to the Fire Depa~b~ent, Put- - a~ Agent and Co~issioners for recuL~endation of award, carried unanimously. J}7~SEN REZONE - R-1 to B-3 SW O0R CALIDW/COONTZ (935) Clerk stated he advertised notice of hearing in official newspaper, ma{led letters to property owners within 250 feet of the property proposed for rezone and other interested people, posted the proper~v and public places; all at the proper time as required by law. Clerk read Plannin~ Commission Resolution No. 313 recu~,~,ending denial of the application. Clerk read Environmental Asses~nent and Staff Review determining that a full EIS is net required because the development will have no significant adverse environmental affects. Staff reco,,,enda- tion is that the rezone be approved with the following conditions: 1. The site shall be developed essentially as shown on the site plan; 2. The trash storage area and parking stalls in the northwest portion of the site shall be screened frcm view by a wall or fence not less than five feet in heig~ht; 3. A fence or wall of not less than six feet in height shall be constructed along~ the south p~oper~-y line frcm the front building line to the property line, except where it may preclude site-distance to the south. Motion by Cu,,,uissioner Stewart and Mayor Jarstad to aocept the Environmental Assessment as com- plete, cai-tied unanimously. Clerk read excerpt of Planning Con~ssion Minutes dated August 20, 1975, at which time a motion was carried unanimously to rec~,,,end denial of the application. Clerk read the following Depar~nental Responses: Engineering Department - No Objection; Street Department - No Objection; Fire Depaz. O~,ent - No Objection, under~round gasoline tanks shall be removed befome construction is started; Water Department - NO Objection; Police Traffic - NO Objection. Georg~e Plesche.p, City Pl.an~.e.r, gave presentation to the Council showing location of the property I~ and ?roposed s~te plan; indicated that the Comprehensive Plan shows this area for garden-type I: apa~ b~,ents. Explained proposed use is for a "7-11" grocery store open 24 hours with access to beth Ii Callow and Coontz. Stated that 10 parking~ stalls will be provided, two more than required, and ~he II struc.ture would be placed five feet frcm the south proper~y line and the alley. Mr. Plescher stated[ the s~te has been used for a gas station and recently as an auto detail shop. M~. Plescher stated /i that if the Council approves the request, it is rec~,~ended by the Planning Depsx.h~nt that the applicants be required to apply for a variance in order to allow the five-foot rear yard setback as opposed to the required 25-foot rear yard setback. COUNCIL MINOT~ - OCTOBt!R 8~ 1975 - CONTINUED PROPONENTS Larry Hall, Attorney representing applicants, stated they have agreed to any screening that deems necessary; noted that the Envirormental Assessnent indicated that there would be no significant adverse affects pertaining to glare and noise and that the Police Traffic Division did not forsee any traffic increase, only a change in traffic flow. Stated he has investigated the opponent's petition and finds that it represents only 25 percent of the residents within the 250-foot radius. Subnitted a petition in favor of the request representing 34 percent of the residents within 250 feet of the property pnoposed for rezone. Stated this grocery store would be a good service to the area and noted the site has been used for business under a non-conforming use for over 30 years. John P~dovich, 1818 W. Lake, Seattle, clarified that the rezone would include two lots, not two blocks~ which has been a misunderstanding of some residents in the area; suggested that the Ccmpre- hensive Plan which indicates use of the area for garden-type apa~b~,ents should be ~mended due to the fact it is very unlikely apal, b,ents would be build on this busy, noisy arterial. C~rdon Jacobson, representing. Southland O3rporation, owners of 7-11 Stores, stated that all exist- ing building codes will. be met, flood lights will be directed to only the parking area and all attempts will be made so as not to inconvenience the residents in the area. John Pfister, 135 S. Callow, spoke in opposition to the proposal due to increased traffic, noise, littering, and speeding vehicles. Stated there are properties within two blocks of the property p~oposed for rezone which would be much better suited for a 7-11 Store. Vickie Bilden, 222 S. Wycoff, spoke in opposition to the request and noted that there are already four grocery stores in the area and the service is not needed. Stated this is a 24-hour facility and the noise and activity will be a great disturbance to the area. Richard Aduddell, 202 S. Callow, spoke in opposition to the rezone due to the facility not being needed in the area, noise, and litter problems which will result. Judy Met?~er, 204 S. Wycoff, stated her proper~ is directly behind the proposed site for rezone and she is opposed to the request due to the noise and litter problems on a 24-hour basis; also, noted that traffic and high-speeding vehicles will be a problem. Ernest Jones, 7_02 S. Wycoff, stated the proposed 24-hour facility will be a problem as far as noisy activities and problems with traffic. Cuz~tented the parking situation is not good in the area at present and could become worse. Stated the facility would be a detriment to the area, but he could not afford to move with the current inflation problems. Herbert Waddell, 204 S. Callow, stated this business would be noisy and very disturbing to the area, end he is opposed to the proposal for a 7-11 Store. Mrs. Harold Messer, 143 So. Callow, stated she has spoken to people who li~e in the area of Noah's 24-hour grocery and they have indicated to her that the noise and problems are a real disturbance to them. Stated that Noah's has a high rate of police problems. Stated that chain stores such as the 7-11 take money away from the cu~,,~nity. Harold Messer, 143 So. Callow, spoke of traffic problems in the area, and problems with speeding vehicles which ~uld be increased with the proposed facility. Stated he is strongly opposed to the develol~nent of a 7-11 Store which is opened 24-hours due ~o the many disturbances involved with such a development as well as the noise and littering problems. Stated that the petitions sub- mitred were valLd and Mr. Hall's figures were incorrect. A. E. Olson, 147 S. Wyooff, stated he is not opposed ~o progress~ but a 7-11 Store is not the best use for the area; that the sale of beer in late night hours will create problems with littering of empty beer bottles, speeding vehicles, and noisy disturbances. Mrs. Francis Brennon, 209 S. Callow, stated the develot]nent would be a traffic hazamd; that she has had an experience where she was almost hit by a car when crossing the alley due to the high speed vehicles and the development of a 7-11 Store would worsen this situation. Stated she would have probl~s with cars parking in front of her driveway and due to her husband's medical condition she needs to he sure she can get out of her driveway in an ~nergency. Maser Jarstad stated he is awa~e of problems with the Noah's Store which is open 24-hours; that there are. more police calls and pmoblems. Stated he would rather see such a facility located in a eu~u,~ercial area so there would be no disturbance to the surrounding residential area. Stated access onto Callow is a problen and there is no parking on Callow. Commissioner Stewart stated be would not discriminate against chain stores which do provide good services to the cu,,,%unity; however, he didn't feel this type of 24-hour store would be proper for the area. (bnmissioner Schoneman stated this facility would be more properly located in a high-density area end should not be placed until apa~.b~,ents are placed in the ar~a increasing the density; that the surroundin~ area is still residential and this would be a detriment to these residents. COUNCIL MINUTES - OC'DOBER 8, 1975 - CONTINUED Motion by Co~nissioner Schoneman and Co,missione~ Stewart to deny the ~ezone request, carried unanimously. ML~I'ING RECESSED AT 12:2~ P.M. The recessed Council Meeting was called to Order at 7:07 p.m., in the Council Ch~nbers of City Hall October 8, 1975. Attending were: Mayor Jaretad, presiding: Cu~'u~.;ssionem Stewart, Ommissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Sells, and representative of the press. Mayor Jar~tad stated the Vergeer Rezone Matter and Maple Street Closure Matter have been scheduled for continuance at this time. VERGLut REZONE/MPALE STREET CLOSURE GeOrge Pleschep, City Planner, meco~mended that the Council discuss both of these matters simultaneously and action be taken separately; first action being taken on the Mpale Street Closure. City Clerk read excerpt of Council Minutes dated September 2~, 1975, indicating that the Council passed motions to continue both the Vepgeer Rezone Mattem and Maple Street Closure Matter. Clerk advised that the September 2Nth meeting was legally adveptized and notices were mailed and pro- pety posted according to law. Clerk stated that notice of the continuation being held tonight was published in the official newspaper on October 1, 1975. Mayor Japstad stated that the City Clerk read corTespondence on September 2~th relating to the Ver~eer Rezone matter was indicated in excerpt of Council Minutes read tonight. City Clerk ~ead Planning (b~nission Resolution No. 312 relating to the Maple Street Closure Matter recu~u,Lending the following: 1. That Maple Street be closed between Hollis $l-~eet and Wor~all Drive; 2. That the City of Bz~3nerton take steps to lease or purchase the proper~y at the southwest corner of Hollis and Maple~ presently owned by John Loidhamer fop developnent of a park; 3. That whenever a local residential street begins to ear~y through t~affie which inhibits the prima~y function of the street positive steps be taken to diver~c t~affic to major thoroughfares op designated arterial s. Clerk read F~nvironmental Assessment and Staff Review dated August 15, 1975, stating a final EIS is not requi~ed because the closure of Maple Street would have no significant adverse environmental affect. Clerk read Addend~n to Enviror~nental Assessment and Staff Review dated August 18~ 1975, stating the closing of northern portion of Maple creates a major pedestrian/bicycle way next to a major thoroughfare. Planning Staff Pec~L,,endation was in favor of the si-~eet closure. Motion by (b~nissioner Stewart and Conmissioner Schoneman to accept the Environmental Assessment as conplete, carried unanimously. Clerk read letter dated August 11, 1975, from the Council of Neighborhoods, a group consisting of representative of all Neighborhood Planning Cc~mittees, reconmending the City adopt the following policy: "Whenever a local residential street, the purpose of which is to provide open space end access to residential dwellings on the street~ begins to function as an arterial by carrying through t~affic and inhibits the primary function of the local residential street, positive steps must be taken to direct the through traffic to designated al~terials". Clerk read two letters fr~xa Mrs. R. 0. Markham (July l~/July 10, 1975) in opposition to the street closure due to difficulties that would result du~ing the snow and ice conditions. w~th Clerk read the following Depaz. bnental Responses: F~ngineerin~ Depa~.h~ent - Completely disagree ' any plans to close ma~or access streets to eu~,~unity shoppinK centers; that the neighborhOOd's own acknowledgement of increased traffic reflects the need for the street to remm~n open. Fire Department - Closing of Maple Street from Hollis to Worpall is not recc~mended due to the possibility of increasing response time in case of an emergency; Police Traffic - NO Objection to the street closure. Clerk noted article was in the file for review entitled '~fo save the Street, Close It". Clerk stated that correspondence was in the file from the View Ridge Community which was a dupli- cate of matemial r~ad for the Vergeer Rezone matter on September 2~, 1975, and this has already been entered into the r~o0~d. Doug Booth, 1332 E. Hope, gave background of the develo~nent of the View Ridge Neighborhood Csm- prehensive Plan, and stated that the proposed develotmm~nt would not conply with this plan; the decision tonight being critical to the continued validity of the plan. MI-. Booth pointed out that many land use decisions have been made since the developnent of their neighborhood plan which have conplied with the plan. Pointed out that they have taken positive steps to indicate what they do want fop their neighborhood. Stated their Plan provides for expansion of existing businesses and they have supported a number of business expansions which have ecmplied with their plan. Mr. Booth explained that their plan mi ]ows for a transition frown basiness to residential in the following manner: Urban Co~mer~ial, then low intensity business or multi-family dwellings, then a papk, then urban residential. COUNCIL MINUTES - OCTOBFR 8, 1975 - CONTINUED Discussion was held concerninK traffic counts and it was pointed out by the City Planner that the most recent counts indicate a negligible increase over the s~mner of 1974.; however, a count taken in August, 1975, indicated a more than doubling in traffic since the s~¥uf,er of 1974. Mr. Booth pointed out that the amount of traffic that would be generated as a result of the Vergeer development ecmbined with traffic currently existing on Maple would be very near the same a~Dunt generated by the K-Mart according to the August, 1975, traffic count. Mr. Booth spoke in favor of the Maple Street Closure, and stated that the type of barriers that would be used would still allow emergency vehicles through, even though it is unlikely that Maple Street would be needed as an emergency access. Stated Maple Street is currently being used as a relief for Wheaton Way. Noted that the City previously closed down a portion of Burwell Street, now called Burwell Place. Mr. Booth stated the neighbors felt that Mr. Vergeer has been very cooperative; however, his development is not consistent with the neighborhood plan and the City Council is requested to (1) Approve the closure of Maple Street, (2) Deny the rezone request of MA-. Vergeer on the basis that it does not oomply with their plan and would eliminate possibility of a park for the ~ea which is greatly needed, (3) Not to set a precedent for high traffic generator using access onto Maple. Art Manchester, 3926 Maple STreet, stated they originally wanted to request the Closure of Maple Street between Hollis ~ ~bzTall and between B~adley g E. Hope; however, many people were opposed to this due to possible difficulties during snow and ice conditions, so it was agreed the closure would only be on Maple between Hollis and Wo~rall. Ira Pritchett, 3919 Maple Street, stated that if~the Council approves this rezone they would be settinK a precedent and it would seem as though he w~uld also have the right to rezone his property Explained that this is not what he wants for the neighborhood, but if this rezone goes through either a precedent would be set or it would appear to be "spot zoning". John Loidhamer, 1229 Hollis (Spaeth T~ansfer), stated he is definitely opposed to the closure of Maple Street because it would eliminate his Maple Street access on a parcel of property he owns at Maple and Hollis; also, indicated he uses the Maple Street access during emergency situations for his smaller trucks. Cc~nissioner Stewart pointed out that Maple Stmeet could be closed leaving 30 feet north of the southern boundary to leave Mr. Loidhmmer some access on Maple Street. Dick Star, 3905 Almira Drive, stated the strip park has been included in their plan fr~m the beginning and the neighborhood would rather have this than a development. Mr. Star spoke in favor of the Maple Street Closure. Ted Johnson, Consulting Engineer for Mr. Vergeer, stated they felt the Rezone Matter and Maple Street Closure should be handled separately because the closure of Maple Street has no bearing on their development plan. Mr. Dick Star stated he felt the Maple Street Closure is relevant to the rezone matter because both matters are concerning overall planning of the area. Mayor Jarstad pointed out that there is little possibility that the City will be able to afford to buy and develop the strip of land designated for a park. Mr. Doug Booth stated the residents recognize that the City does not have the funding at the present time; however, their plan is long-range and they would like this strip designated for a perk as funds may beccme available in five or ten years frcm now. George Plescher, City Planner, pointed out that the develotment does indicate a rather high density i.e. 37 units per acre. Mr. Plescher c~,mented that the Kona Village development would be a similar high-density project at 45 units per acre. Ted Jotmson sukmitted site plan of the proposal and explained that a higher density was required for eeononieal purposes due to the additional costs involved with underground parking which is to be provided in ~rder to maintain residential ccmpatibility. Stated that there would be 16 one- bedrocm units and the rem~/inder two-bedrocm units for a total of 72 units. Stated drainage from the parking~ area will be handled by available store sewer and if this cannot be acccmplished thr~ug~h Kravity flow a p~p will be installed. Conmented that develo~nent will be a good %-rgnsi- tion between the business and residential areas. Mr. Johnson stated the View Ridge Comprehensive Plan is not totally valid; that the concepts are valid; but the 100-foot strip for park purposes is an arbitrary matter. Mr. Johnson stated that a well-developed 40-foot park strip is more beneficial than an undeveloped 100-foot strip. Stated they would llke the Council to take action on this rezone tonight; that all the facts have been presented, and they feel there is no reason to delay the decision. Pointed out they have provided the buffer zone the oon~unity has requested and have cooperated in every way possible. Mr. Johnson stated he didn't think this property would be developed for sin?~e-family residences because it would not be econemically feasible, and it would probably be too expensive for the City to buy for a park. COUNCIL MINUTES - OCTOBER 8, 1975 - CONTINUED Asst. City Atto£~,ey ~ells asked Mm. Johnson if the closure of Map.le Street would affect their pro- posal. Mr. Johnson stated it would not have any bearing on their develot~nent. Mr. Plescher stated he felt the View Ridge Comprehensive Plan was valid and it does tie in to the general concepts involved with develof~nent of the CO~Taunity. .Mr. Johnson stated he agreed that the plan is indicative of development concepts fop the cu~,nunity; however, he doesn't feel the plan should mandate a 100-foot park strip. Cc~missioner Stewart asked Mr. Johnson if they could move the develo~ent back 60 feet to the West boundary in order to allow the 100-fcot strip; and Mr. Johnson indicated that the development was already only 15 feet from the west properfcy line allowing fop only a driveway. Mr. Booth stated that the development could be moved further to the west if they purchased a small portion of the B-3 property on the west boundary. Art Manchester stated he was concerned that people in ownership of recreational v~hicles would be parking on the street because they would be unable to park such items as trailers~ boats, etc., in the undergro~]d parking area. Commissioner Sehoneman stated that parking of these recreational items on the street would be a police matteP because this is not allowed on a regular basis; also, oon~nented that if he was going to rent an apa~,h~,ent and found out he couldn't park a recreational vehicle he owned, he wouldn't rent the apa~.b~,ent. Ja~s Pickrell, 1320 Bradley~ stated they wished to maintain the 100-foot strip; that they would be locked in with a ~0-foot stPip as a result of the proposed develo~nent. Dick Star stated that the g0-foot park strip seems to propose more of a playground for tenants than a conmunity park~ and he would PatheP keep the 100-foot undeveloped strip of land. Mayor Jarstad stated the proposed development does indicate a density which is high for this area; that a similar development with a lower density would seem to be more appropriate use of this property. Stated he is opposed to vacation of Maple Street without a definite plan of action. ConmissioneP Schon~man stated he is opposed to closure of Maple Street because the street is pro- vided fop use of all the citizens, ~ust like all other streets within the City. Cc~mented that the proposal would be a good start towards sidewalks, curbs, and gutters fop the area. Stated he felt the plan is very appropriate to the surrounding area and the 40-foot strip to be dedicated may not be if developed under present zoning. Stated there will be signal at Hollis and Wheaton Way and consideration is being, given to a siKnal at IW and Wheaton Way; also, noted that the City has Dequested f~mnding fop fifth lening on Wheaton Way. Ladene Tare, 1316 E. Hope, asked what protection tbey have to prevent Maple Street fromm being made into an arterial extending to Riddell ~oad. Co,~nissionem $choneman explained that Almire Drive will be the arterial to extend to Riddell; that Maple STreet will not extend beyond Hollis Street. Further discussion was held concerning, the closure of Maple Street between Hollis and Worrall, and C~,~[ssionep Schoneman stated the street is for public use and he is strongly opposed to the closure. Co~raissioner Stewart asked Mr. Loidhamer if he would use Hollis Street as a general rule with the placement of a signal, and Mr. Loidhamer stated he would. Motion by Co~missioner Schoneman and Mayor Jarstad that Maple Street not be closed: carried unanimously. Conmissioner Schoneman asked Mr. Pritchett how close the development will be to his back properff3y line. Mr. Pritchett stated it would be five feet frcm his line. Mr. Pritchett stated that he felt that if the Council ?x)ned this property, they would be setting a precedent to zone the entire strip f. or apar. b~nts; also~ stated the parking isn't sufficient and the density is too high for the area. Conmissioner Stewar~ stated he would like to delay the request for the time being; at least until tbere are clearer indications of what is going to be done in this area. Stated he didn't feel the area is ready at this time for such a high-density use. (bnTnissic~er Schoneman stated he would not vote against the proposal; that the development is well- planned and very c~',~patible to the residential aPea. Mayor Jarstad stated he was impressed with the plan for the devel0~ent; however, he felt 72 units is too high a density fox~ the ar~.a at this time. Motion by C~m,~issioneP Stewart and Mayor Jarstad to deny the request for rezone~ carried as follows: Mayor Jarstad, yes; C~u~,~ssioner Stewart~ yes; Cc~ssioner Schone~an, no. OOUNCIL MINI/DES - 0CTOBtR 8~ 1975 - CONTIN~3ED 0RDIM~NCE NO. 3252 - GAMBLING TAXES ClePk read, second reading~ An Or~iinance ~mending Subsection o of SNotion. 2 of Ordinance No. 3187 r~lating to levyin~ of tax upon Eambling. Motion by MayoP Jarstad and Co,~tissioneP Stewar~ to pass Ordinance No. 3252, call'led as follows: MayoP Jarstad, yes~ Co~ssioneP Stewal~t, yes~ Cu,,~issioneP Schone~man~ yes. ORDINANCE - ~ILDING CODE (PERMIT FEES) ClePk read, fiPst reading, An O~dinance amending Section 270 of O~dinance No. 2838, Uniform Building Code of 1973 by restricting deductions f~om building permit fees. Motion by Cu,,~ssioneP Stewart and MayoP Jamstad to apumove ordinance on first ~eading~, cal~ied as i~--~: MayoP Jarstad~ yes~ Cc~ssioner Stewart, yes~ Cu~,~.{ssioneP Schoneman, yes. ORDINANCE - MANDATORY FINE (CAT/DOG LICENSE) ClePk read, first reading, 7~n Ordinance amending Section 9.of Ordinance NO. 2796, relating to licensing of dogs and cats. Motion by Cxm~nissioneP StewarWc and MayoP Jamstad to approve ordinance on fiPst reading, carried as }'6~lows: MayoP JaPstad, yes; gommissioneP Stewart, yes; Cum~tissione~ Sehoneman, yes. ORDINANCE NO. 325] - CONIFER CHANGE LAND USE RESTRICTIONS ClePk read, second reading, An O~dinance amendin~ 'Opdinance N~ers 2891 and 3028 to provide chang~es in Land-Use Restmictions recorded as a part hemeof. Motion by Co~nissioneP Schoneman and MayoP Jarstad to pass Ordinance No. 3253, tattled as follows: ~yoP Jarstad, yes; Con~nissionem Stewart, yes; Co~missioneP Schoneman, yes. ORDINANCE NO. 325~ - CONIFtlR CH~E I7~ USE RESTRICTIONS ClePk read, second reading~ An Ordinanc~ amending Ordinance NumbePs 2892 and 3029 to provide fop changes in Land Use Restmietions recorded as a part hemeof. Motion by MayoP Jarstad and C~,,~ssioneP Stewart to pass Ordinance No. 325b, carried as follows: ~yor Jarstad, yes; Comnissioner $tewart~ yes; Cu~,,.{ssioneP Schoneman, yes. ORDINANCE NO. 3255 - WATER/SEWER CHARGES Vlerk read, second reading, An Or~linance amending Ordinance NO. 3147 relating to water/sewer Ch~/~ es. ~btion by Commissioner Schoneman and Cu¥~issioner Stewart to pass Opdinance No. 3255, ca/~ied as ~lows: MayoP Jarstad, yes; Co~,,~issioner Stewart, yes; Con~nissioneP Schone~an, yes. BILLS ~n by Conz~issioneP Stewal~t and Co~mtissionar Schonaman to give a blanket approval of Voucb~ms 1-76 inclusive in the ~mount of $77,022.45, as audited by John Ross; ~ied unanimously. Mt~I'iNG ADJOURNtD 9:g8 P.M. "'~' C. ~r~adon, SP., ~itv Clerk AP?ROg E'D: ~lenn K.