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Home My WebLink About04/28/99 TAPE #1613 CITY COUNCIL MEETING MINUTES APRIL 28, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 28, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were Assistant City Attorney Knute Rife, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Pastor John Bergren of the Family of God Lutheran Church. President Shepherd made the following announcements: 1. City Council held a Study Session prior to the meeting to discuss general Council business, followed by a Deliberation Session to discuss the request by Inland Empire for a Special Use Permit for two group residential facilities - Class I to be located at 1006 and 1008 9th Street; and 2. New Business Item (10C) "Public Heating on Comprehensive Plan Amendment CPA 98-001, and Resolution No. 2702" will be removed from the Agenda tonight. CONSFNT AGENDA A. Minutes of Meeting - April 14, 1999 #AB99-072 #0035 M/S/C/U (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK RFGISTFRS 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. #0060 M/S/C/U (Montgomery/Arends) On April 28, 1999, the Council does approve for payment those vouchers included and further described as follows: 230159 to 230369 in the amount of $456,882.95; and Retiree Payroll for the pay period ending April 30, 1999 in the amount of $128,447.30. COUNCIL MEMBER REPORTS Mr. Montgomery reported that he went to the Bremerton High School to assist in interviewing students for the Mayor's Award, and was very impressed with the four students nominated, who were all outstanding, and are a credit to their high school and parents. Mrs. Arends commented on the repaving project on Burwell Street that is going along nicely. Mr. Farr invited the community to attend the dedication ceremony this Saturday, 10:00 AM for Haddon Park. He also commended the Parks Department for their excellent work. TAPE #1613 City Council Reg. Mtg. Minutes April 28, 1999 Page 2 of 6 Mr. Overson appreciated the beautification efforts done around town by volunteers. Mr. Law asked citizens to report graffiti to the Council office (478-5280) or to the Mayor (478- 5266), so it can be removed promptly by Dave Boynton and his Ameri Corp Team. President Shepherd congratulated the community for their efforts in passing the Bremerton School levy; announced the new local radio station KT77 1400; and lastly, encouraged citizens to attend the Glided Age Antique clothing exhibit this weekend. MAYOR'S REPORT (1) Due to the absence of Mayor Horton, Mrs. Carol Arends read her Proclamation, proclaiming May 6, 1999 as a "Day of prayer,,, which was accepted by Jeffrey Flood. He invited citizens to attend the first National Day of Prayer celebration on Saturday, May 1, 1999, 1:00 P.M. at the Family Worship Center in Gorst; and (2) President Shepherd read the Mayor's Proclamation proclaiming May 2-8, 1999 as "National Drinking Water WeeK', which was accepted by Kathleen Cahall, Water Resources Department Manager. She invited citizens to attend the City of Bremerton Open House on Thursday, May 13, 1999, 3:00 -7:00 P.M. LEGISLATIVE REPORT Portions of a letter sent to Donna Gardner were read, in response to a concern she raised regarding parking notices received on vehicles parking in excess of 72 hours. It was explained that State law prohibits long-term parking on public streets, and after 72 consecutive hours, any vehicle is subject to receive a citation. Diamond Parking will continue to respond to complaints, but would not monitor properly permitted vehicles. PUBLIC RFCOGNITION John Lyle, representing West Sound Arts Council and Evergreen Children's Theater, reported on several upcoming art events, including the Arts Walk and Glided Age Exhibit. Don Larson, President of Kitsap Diving Association, provided a brief report on the Sinclair Inlet Clean-Up event that took place Saturday, April 17, 1999. He announced that another event is planned during Water Weeks in September. 9A - WATER SYSTEM COMPREHENSIVE PLAN AND PROFESSIONAL SERVICES AGREEMENT, #AB99-073 The City of Bremerton is required by the Washington State Department of Health to update its Water System Plan every six (6) years. The next update is due in 1999. The City is also required by Environmental Protection Agency to perform an analysis of its chlorination facilities in 1999. Qualified consulting firms were invited to submit their qualifications. Economic and Engineering Services, Inc. (EES) was determined to be the most qualified to assist the City in meeting these requirements. The total project cost is $191,496.00, and is included in the 1999-2000 Public Works & Utilities Budget under Water Resources. TAPE #1613 City Council Reg. Mtg. Minutes April 28, 1999 Page 3 of 6 Kathleen Caball, Water Resources Manager, stated the purpose of the City's Water System Plan is to document how the City manages the drinking water system in compliance with all regulations. It also outlines the plan for Capital Improvements over the next 20 years to maintain the water system and meet the demand for growth Public comment - none. Mr. Overson referred to the contract, and verified that it calls for five tasks to be completed: 1 ) Water System Plan Update; 2) Operation & Maintenance Plan; 3) Disinfection Evaluation; 4) Project Management; and 5) Supplemental Services. He also verified that the tasks would be completed for the stated costs, whether or not the hours listed are expended. Mr. Olsen asked if bids were received from other firms. Ms. Cahall stated that since this is a Professional Services Agreement, the only item reviewed are the qualifications. Mr. Farr questioned if any grants were applied for. Ms. Cahall stated that no grants for drinking water are available, only monies through state loans. #0975 M/S/C/U (Montgomery/Overson) Motion for Council to approve the Professional Services Agreement with Economic and Engineering Services, Inc. for $191,496.00, and authorize the Mayor to sign the Agreement, subject to City Administrative Policies and Procedures. 10A - CONTINUED PUBLIC HEARING AND RESOLUTION NO. 2700, APPROVAL OF A SPECIAL USE PERMIT FOR TINO GROUP RESIDENTIAL FACILITIES-CLASS I; APPLICANT: INLAND EMPIRE RESIDENTIAL RESOURCES: LOCATION: 1006 AND 1008 9TM STREET: #AB99-068 Council must decide if the applicant's Special Use Permit Application (SUP 99-0001 ) meets the necessary tests and criteria required for approval of the Group Residential Facility - Class I use. President Shepherd reminded City Council this was a Continued Public Hearing, and Conflict of Interest issues have already been discussed. However, he asked if any Council member had any additional disclosures. All Council members remained seated. He then asked if any member of the public had any concerns regarding Conflict of Interest of any seated Council Member. There were no comments by the public. He admonished that the public record was closed, and the purpose of the Continued Public Hearing is to review the record, and hear discussion, comments, and questions from the Council. Mr. Montgomery referred to definitions used in the Bremerton Municipal Code to support his conclusion to disapprove this Application for not meeting criteria for a Special Use Permit. Mr. Law first noted the Planning Commission unanimously approved the Special Use Application; and then asked Mr. Shepherd if he supported the project, considering it would be TAPE #1613 City Council Reg. Mtg. Minutes April 28, 1999 Page 4 of 6 located in his district. Mr. Shepherd stated the Planning Commission addressed all concerns, and therefore did support approval of the permit. Mr. Overson stated that he had difficulty supporting the proposal due to the adverse affect to the existing neighborhood, the letters received from the neighbors, and his opinion that by looking at the map, it looked like a 4-plex, which is not allowed under the current zoning code. Mr. McConnell agreed with previous comments made by Mr. Montgomery and Mr. Overson. He voiced his concerns about the determinations presented to City Council, particularly the conflicting information contained in the reports about how many units this dwelling would contain. He had additional concerns regarding parking; density; and the current litigation in Superior Court. Mr. Reed clarified that this structure is a Group Residential Facility, and not held accountable to the Single Family Residential zoning requirements, which is the reason for the Special Use Permit. He felt this project was well designed, provides a commendable service to the community, and would be a nice asset to the City. He therefore supported the project. Ms. Arends mentioned her long-standing involvement with developmentally disabled people. However, she stated she did not support this project in its current fo.n due to the limitations of recreational and parking space. She encouraged the developers to explore the possibility of acquiring additional property for expansion through use of Block Grant monies. Jon Holan, Planning Manager, briefly addressed several issues raised tonight, which were also considered by the Planning Commission in their deliberations. He then concluded by stating City Council must consider whether or not a Building Permit should be upheld for this particular project, and whether it required a Special Use Permit. Mr. Olsen asked whether the City could require payment in lieu of taxes for this project. Mr. Holan responded that an Ordinance would have to be in place prior to application of that particular proposal as stated by Mr, Olsen. He then deferred issue to Legal Counsel. Knute Rife, Assistant City Attorney, stated if the City had the power to do it, it would need to be done in uniform fashion, and an Ordinance would have to be passed. He further stated he has not had time to research the issue to see how the City could implement it. On other programs he is aware of, the authorization comes from the State level. Mr. Shepherd stated he gave considerable thought to all testimony and to the letters received on this issue. He supported the decision of the Planning Commission. He described the many challenges the City will face now and in the future with the "infill" issue, which is allowing construction and development on existing lots within the City. TAPE #1613 City Council Reg. Mtg. Minutes April 28, 1999 Page 5 of 6 Mr, Rife stated that the following points should be considered before passage of the Resolution: 1 ) Structure size; 2) clarify what type of structure this is; and 3) address the issue of on-site staff. Mr. McConnell asked for clarification on how many on-site staff members would be present. Mr. Holan stated it was his understanding that the number of staff would be 1-2 people, but would need confirmation of that information. Mr. Montgomery pointed out that he did not believe any member of the City Council wanted to keep this type of facility out of the City, however, he stated existing rules and laws must be adhered to. He reiterated that Special Use Permits are not to be used to circumvent existing laws just to enable one to build a structure that is not allowed. Mr. McConnell also took issue with the statement that Council members were trying to keep this type of facility out of the City, and felt this issue was strictly an effort to twist the Zoning Ordinance to match the request of the applicant. #2970 M/S/C (Farr/Reed) Motion to approve the Special Use Permit for two Group Residential Facilities - Class I, and pass Resolution 2700 with the following conditions: · Project must comply with applicable codes; · Barrier free van parking spaces must be provided per code; · Parking spaces must be located in the middle of the parking area in order to have adequate vehicular access; · Project must comply with any rulings from the Kitsap County Superior Court; · Council will not approve any conversion of the project to duplex dwellings. Any changes in type of use will need additional review and approval; · Applicant shall record this permit with the Kitsap County Auditor; and · Special Use Permit shall lapse one-year from Notice of Final Approval unless the applicant takes the following action: 1) Filing with Department of Community Development; and 2) Completing Building Permit applications for the project. Vote on Motion: In Favor: Law, Reed, Farr, Shepherd, Olsen Opposed: Overson, Arends, Montgomery, McConnell Motion carried. 10B - PUBLIC HEARING ON ZONING TEXT AMENDMENT ZTA 98-0001, #AB99-074 City Council is requested to conduct a public hearing on ZTA 98-0001 and at the completion of the hearing, take the appropriate action. ZTA 98-0001 is the adoption of a new chapter 21.03, Land Use and Development Procedures, amendment of portions of Chapter 21.02, Zoning Code, Repeal of Chapter 21.04, Shoreline Development, and amendment of Chapter TAPE #1613 City Council Reg. Mtg. Minutes April 28, 1999 Page 6 of 6 21.12, State Environmental Protection Act. These proposed changes would adopt new permit process program for the City, eliminate shoreline requirements which have been superceded by the Shoreline Master Program for the City, eliminate shoreline requirements which have been superceded by the Shoreline Master Program, and revise the City's SEPA requirements to be consistent with state requirements and establish higher level of categorical exemptions in urban areas for minor construction. The proposed amendment is categorically exempt from SEPA requirements since it is the adoption of new procedures. #3040 M/SIC (Montgomery/Law) Motion to postpone public hearing for Council to adopt Zoning Text Amendment ZTA 98-0001 for 30 days until May 26, 1999. Vote on Motion: In Favor: Farr, Arends, Montgomery, Reed, Olsen, McConnell, Law, Overson Opposed: Shepherd Motion carried. With no further business meeting adjourned at 6:55 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File