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HomeMy WebLinkAbout08/08/01 COUNCIL TAPES #1785 & ¢1786 UNAPPROVED DRAI~~HUV[u CITY COUNCIL MEETING MINUTES AU0 ~ ,") Ld,; August 8, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, August 8, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Council member Eric Younger was absent. Also present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConn¢#, followed by the invocation given by Council Member Carol Arend$. James N. Docter, Municipal Court Judge, administered the OATH OF OFFICE during a Swearing-In Ceremony for newly appointed District #8 Council Member Will E. Mau_Din. President Law made the following announcements: 1) A Pre-Council session was held to discuss general Council business; and 2) A Study Session will be held immediately following the regular Council meeting tonight to discuss the "PROPOSED COUNCIL OFFICE LAYOUT IN THE GOVERNMENT CENTER". CONSENT AGENDA A. Minutes of Meeting-July 18, 2001 (#AB01-179) #0105 M/S/C (McConnell/Arends) Move to approve the Consent Agenda as presented. Voted in favor of Motion: Olsen, McConnell, Rollman, Shepherd, Arends, Reed, and Law Abstained: Maupin Motion carried: 7-Yes; l-Abstention CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0145 M/S/C/U (Reed/McConnell) On August 8, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 254821 through 254825 in the amount of $30,402.73; and Regular Payroll in the amount of $1,035,561.75 for the period ending July 31, 2001. COUNCIL MEMBER REPORTS Wayne Olsen provided a brief report on the proposal for a new $10.5 million CenCom building. Cecil McConnell welcomed newly appointed Council member Will Maupin to his "tour of duty". Ed Rollman commented on the memorial services held today for K-9 Dog "Buddy"; and urged the public to attend the Bremerton Centennial Photo Exhibit. Mike Shepherd announced the next District 5 meeting would be held Thursday, September 20 with Dr. Mike Connelly to address the future development of Olympic College; discussed the mural project at 6th Street & Park Avenue; and encouraged citizen involvement in the SR303 Corridor Study. Carol Arends discussed the current paving project going on at 6th Street from Montgomery Avenue to approximately Naval Avenue; and enjoyed the downtown First Friday Art Walk last week. TAPES #1785 & #1786 City Council Reg. Mtg. Minutes August 8, 2001 Page 2 of 6 Will Maupin expressed his enthusiasm at his recent appointment as the new District 8 Councilman. Jim Reed expressed words of support for the City's Police Department after the recent tragic event. John Law attended and was impressed at the "outstanding" ceremony for K-9 Dog "Buddy" this afternoon, and commended Police Officer Wendy Davis for the excellent job being the MC for the event. He also announced there would be a District 3 meeting on Tuesday, August 21 to provide an opportunity for his constituents to meet the four candidates for District 3 Council member. COUNCIL COMMITTEE REPORTS: Ed Rollman provided further details from the CenCom Policy Board meeting; and Carol Arends reported that she would be attending the PSRC Transportation Policy Board meeting tomorrow. MAYOR'S REPORT - There was no report this evening. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Klaus Golombek, representing the Bremerton Area Chamber of Commerce, announced an "Eggs & Issues" event at the Washington Mutual Building tomorrow morning, August 9, beginning at 7:30 A.M. Charlene Burnett, Municipal Services Coordinator, discussed the Community Photo; and announced that a workshop to discuss "Parking Circulation in Downtown Bremerton" would be held at the Admiral Theater on August 16 from 7:30 to 9:00 P.M. 11A- BUDGET ADJUSTMENT NO. 2001-14 FOR RISK MANAGEMENT DEPARTMENT (#AB01- 180): Pecjcjy Lesser, Risk Manager, summarized that the City purchased a three-year pollution insurance policy, pre-paying the premium for 2002 and 2003 in order to achieve a substantial premium savings. $25,000 per year was budgeted for this coverage. The requested budget adjustment of $20,000 for insurance premiums will cover the premium for the second and third year of coverage. The City has been aggressively settling old liability claims - recently, the' City settled claims from 1996, 1998, and 2000 incidents. Funding for old claims is held in the Risk Management Reserve until needed, then that funding is transferred to other current year expenditure authority. The $95,000 budget adjustment for claims payments accomplishes this transfer. There were no comments from the public. #0915 M/S/C/U (Shepherd/Reed) Move to approve the transfer of $115,000 from the Risk Management "Ending Fund Balance" to the Risk Management "Supplies & Services Budget". 1 lB - PROFESSIONAL SERVICES AGREEMENT WITH URS CONSTRUCTION SERVICES (#AB01-181): Jennifer Strehler, City Engineer, stated that the City has selected and negotiated a Professional Services Agreement with URS Construction Services to provide on-call construction management services for various capital projects. The City has limited staff available for construction inspection of capital projects and development projects. Passage of this item will result in an increase in the City's ability to provide timely field inspection of development projects and planned capital projects. URS Construction Services has extensive construction management experience and a local office in Bremerton. The not-to-exceed amount of the agreement is $68,858.00. There were no comments from the public. TAPES #1785 & #t786 City Council Reg. Mtg. Minutes August 8, 2001 Page 3 of 6 Mr. Reed asked who was accountable if their job is not done accurately after inspecting a project? Ms. Strehler responded that they are accountable for their work, but assured the Council that she has every confidence in their professionalism, and that City staff work very closely with them. #1135 M/S/C (Arends/©lsen) Move to approve a Professional Services Agreement with URS Construction Services to provide on-call construction management services for the City of Bremerton in an amount not to exceed $66,858.00; and authorize the Mayor to execute the same. Voted in favor of Motion: Shepherd, Arends, Maupin, Reed, Olsen, McConnell, and Law Voted opposed to Motion: Roltman Motion carried: 7-Yes; l-No 12A- RESOLUTION NO. 2832, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF A DANGEROUS CHIMNEY (#AB01-182): Janet Lunceford, Building Inspector, said that on June 20, 2001, Public Works removed loose bricks from the chimney on the house located at 1014 Veneta Avenue after the owner, D.K. Shaw, failed to do so as ordered. The legal requirements for the notice were met, and the cost of the work, including the administrative fee, totaled $1,399.00. Council must now decide if the costs are just and reasonable, and how those fees should be collected. There were no comments from the pubfic. #1242 M/S/C/U (Shepherd/Reed) Move to pass Resolution No. 2832, ordering that the fees incurred in the amount of $1399.00 for the abatement of a dangerous chimney located at 1014 Veneta Avenue be collected as reasonable abatement costs and become a lien against the property. 12B - RESOLUTION NO. 2833. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 1421 & 1425 17TM STREET (#AB01- 182): Janet Lunceford, Building Inspector, reported that on June 12, 2001, Public Works removed garbage and debris from the property located at 1421 & 1425 17th Street after the owner, Duane Oliphant, failed to do so as ordered. The legal requirements for the notice were met, and the cost of the work, including the administrative fee, totaled $2,906.85. Council must now decide if the fees are just and reasonable, and how those fees should be collected. There were no comments from the public. #1355 M/S/C/U (Shepherd/Reed) Move to pass Resolution No. 2833, ordering that the fees incurred in the amount of $2,906.85 for the abatement of garbage and debris located at 1421 & 1425 17th Street be collected as reasonable abatement costs and become a lien against the property. 12C - RESOLUTION NO. 2831, DENYING APPEAL OF A SEPA DETERMINATION ON NON- SIGNIFICANCE (DNS) ISSUED AT THE REQUEST OF BUILDING AND PLANNING DEPARTMENT, TO AMEND THE DEVELOPMENT STANDARDS BY MODIFYING OPEN SPACE REQUIREMENTS (#AB01-169): Chris Hugo, Planning & Building Director, summarized that an Official Zoning Code Text Amendment in the form of a Rezone application was received from the City's Planning & Building Department. The applicants' request is for an Official Zoning Code Text amendment in the form of a Rezone application. The proposed end result is for an Official Zoning Code Text Amendment in the form of a Rezone application. The proposed end result will be to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, by modifying Section 21.02.750, Open Space, to-allow inclusion of required buffers and yard setback TAPES #1785 & #1786 City Council Reg. Mtg. Minutes August 8, 2001 Page 4 of 6 areas in the minimum 15% open space of the total gross area of any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. This zoning code text amendment proposal, if approved, would be implemented on a citywide basis. Zoning Text Amendment application requests are considered non-project actions, which do not propose specific development projects. An appeal of the non-project SEPA Determination of Non-Significance (DNS) issued has been received contending that there was an error in issuing the non-project DNS and that a full environmental review (ELS) should have been accomplished. The City Council denied this appeal at the Public Hearing held July 25, 2001. Peter Dykstra. on behalf of Eldorado Hills Inc., stated for the record that they do not agree with the Council's action to deny this appeal. #1540 M/S/C/U (Arends/Reed) Move to pass Resolution No. 2830, outlining Findings & Conclusions denying the appeal of the DNS issued April 23, 2001 for Project PL01-0035. Will Maupin stepped down from this issue due to his lack of participation in the Quasi--Judicial Public Hearing held on July 25, 2001. 12D - RESOLUTION NO. 2831, DENYING APPEAL OF A SEPA DETERMINATION ON NON- SIGNIFICANCE (DNS) ISSUED AT A REQUEST OF ALBERTSONS. INC. TO AMEND THE DEVELOPMENT STANDARDS BY REDUCING THE PARKING RATIO FOR FOOD STORES AND SUPERMARKETS {#AB01-171): Chris Hugo, Planning & Building Director, stated that an Official Zoning Code Text Amendment in the form of a Rezone Application was received from Albertson's, Inc. to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, Figure 670 (b), Off-Street Parking Requirements for Non-Residential Uses, to reduce the parking requirements for the Food Store (retail), Markets, and Supermarkets land use category, from one parking space for each 200 square feet of building gross floor area, to on parking space for every 250 square feet of building gross floor area. This zoning code text amendment proposal, if approved, would be implemented on a citywide basis. Zoning Text Amendment application requests are considered non-project actions, which do not propose specific development projects. An Appeal of the non-project SEPA Determination of Non-Significance (DNS) issued has been received contending that there was an error in issuing the non-project DNS and that a full environmental review (ELS) for the development project should have been accomplished. The City Council denied this appeal at the Public Hearing held July 25, 2001. Peter Dykstra on behalf of Eldorado Hills Inc., stated for the record that they do not agree with the Council's action to deny this appeal. #1659 M/S/C (Arends/Reed) Move to pass Resolution No. 2831, outlining Findings & Conclusions denying the appeal of the DNS, issued April 23, 2001 for project PL01-0028. Voted in favor of Motion: Olsen, McConnell, Rollman, Shepherd, Arends, and Reed Abstained: Law Motion carried: 6-Yes; 1-Abstention Will Maupin stepped down from this issue due to his lack of participation in the Quasi--Judicial Public Hearing held on July 25, 2001. TAPES #1785 & #1786 City Council Reg. Mtg. Minutes August 8, 2001 Page 5 of 6 13A - ORDINANCE (FIRST READING), AMENDING THE ZONING CODE TEXT BY MODIFYING OPEN SPACE REQUIREMENTS OF ANY DEVELOPMENT HAVING A TOTAL GROSS AREA GREATER THAN ONE ACRE (#AB01-170): Chris Hugo, Planning & Building Director, stated that the City of Bremerton Amendment Application PL01-0017 requests modifications to Section 2'1.01.750, Open Space, to allow inclusion of required buffers and yard setback areas in the minimum '15% open space of the total gross area of any development having a total gross area greater than one acre; to delete reference to active and passive areas; and to delete the requirement for recreational open space. He elaborated that this item has been before Council in the past, but was now back before Council with corrected language as recommended by the Planning Commission - specifically, separating out the residential and commercial requirements, maintaining the residential requirement for active and passive recreation for the recreational use; and removing that requirement for commercial use, but still retaining the 15% minimum landscape requirement. The Planning Commission has reviewed this proposal, conducted a public hearing and adopted Findings & Conclusions at their July 17, 2001 meeting, and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance. Peter Dykstra, representing Eldorado Hills Inc., summarized their belief this ordinance only arises out of a proposed development by the Albertson's Grocery store designed to fit in the spot at the corner of Sheridan Road & Wheaton Way. Therefore, they think that evaluating the development and environmental impacts should be done at the same time. In addition, he discussed their belief that this text amendment will actually shrink the amount of open space that is available at commercial sites throughout the City. #2052 M/S/C/U (Shepherd/Reed) Move to approve ordinance on first reading, amending Zoning Code Text regarding open space requirements for greater than one-acre parcels. 13B - ORDINANCE (FIRST READING). AMENDING THE ZONING CODE TEXT BY RELAXING THE PARKING RATIO REQUIREMENTS FOR FOOD STORES, MARKETS, AND SUPER- MARKETS (#AB01-172): This item was postponed at the August 1, 2001 City Council Meeting. Chris Hugo, Planning & Building Director, emphasized that the Albertson's Text Amendment Application PL01-0008, proposes a Zoning Code Text Amendment to change the parking ratio from the existing required one-space per every 200 square feet of area for Food Store, Markets, and Supermarkets per BMC 21.02.670 (b) and Figure 670 (b) to one-space for every 250 square feet of area. He discussed the long-term intent of the Bremerton Comprehensive Plan was for this community to become more efficient, more compact, and offer more choices in terms of lifestyles; and further discussed how to reach those achievements through expression of policy. It was also added to the record that a DNS was issued on April 23, 2001 and published on the 25th. The deadline for the comment period ended May 7th, and the appeal deadline was May 21, 2001. In response to a previous request of the Council, results of a survey on "Parking Requirements for Superm@rket$" was provided, which showed how Bremerton compared with other small to mid-sized cities in the Puget Sound Region. Lastly, the Council was provided with information cn parking demands from the "Parking Generation Manual" produced by the Institute of Traffic Engineers to show peak parking demands for all site uses based on national research data. The Planning Commission has reviewed this proposal, conducted a public hearing, adopted Findings & Conclusions at their July 17, 2001 meeting, and therefore recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance. TAPES #1785 & #1786 City Council Reg. Mtg. Minutes August 8, 2001 Page 6 of 6 Peter Dykstra representing Eldorado Hills Inc., reiterated previous comments that the purpose of these text amendments was due to the proposal by Albertson's to fit their development on a particular site. He dismissed the studies provided by the Planning & Building Department due to their lack of complete information pertinent to Bremerton. Nick 6arguile agreed with a number of the comments made by Mr. Dykstra, and also voiced his opposition to this project. Mr. Olsen asked if the Council was privy to a site plan for the Albertson's project. Mr. Loren stated that due to the quasi-judicial status, it was not appropriate for at this time. Mr. SheDherd reminded the Council of upcoming meetings planned to discuss parking circulation in the downtown area, and cautioned that the Council should be more "visionary" rather than only considering how this ordinance would affect the Albertson's project. Mrs. Arends provided her comments in support of this ordinance, noting that she has never seen any of these grocery store parking lots with absolutely no place to park - but has noticed the bigger problem is the lack of handy ingress and egress. Mr. McConnell was also concerned with the ingress and egress issue. TAPE #1787 Mr. Reed clarified that this was a policy issue, and that it was the City's responsibility to rebuild the community. He further established that if Albertson's could conduct business with less parking, that would be their responsibility. Mr. Maupin agreed, and added that he did not feel that the change was substantial enough to make a difference. Mr. Rollman referred to the survey information provided by the Planning & Building Department, and noted that it did not provide him with enough detailed information to make an informed decision on this request. He therefore requested more information before supporting this ordinance. Mr. Olsen also noted that the proposed changes were not that different, and that it was up to the company to determine if they could conduct business with a lower parking ratio. Mr. Law expressed his concern with the access to the property, yet understood that Council did not have control over this decision. #0495 M/S/F (Reed/Arends) Move to approve the attached ordinance on first reading, amending Zoning Code to revise the parking ratio regulations for Food Stores, Markets, and Supermarkets. Voted in favor of Motion: Arends, Maupin, and Reed Voted opposed to Motion: McConnetl, Rollman, Shepherd, Olsen, and Law Motion failed: 3-Yes; 5-No With the conclusion of regular Council business, the Council meeting was adjourned at 7:28 P.M. Council then reconvened in the Conference room for a Study Session to discuss the "PROPOSED COUNCIL OFFICE LAYOUT IN THE GOVERNMENT CENTER". Pre~: LO~I ~;MITH, Legislative Assistant Attest: PAU!2A JOHNSTON, Dl~uty City~.~.~.~.~' (--_~N"LA'¢~, City Council President