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HomeMy WebLinkAbout10/23/96TAPE #1417 UNAPPROVED DRAFT COUNCIL APPROVED NOV 6 1996 CITY COUNCIL MEETING MINUTES OCTOBER 23, 1996 #0033 #0051 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, October 23, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Ron Anderson of Manette Community Church. President Law made the following announcements: (1) Council will hold an Executive Session immediately following this meeting to discuss "Real Estate Acquisition". CONSENT AGENDA A. Minutes of Meeting - September 25, 1996 #AB96-233 B. Minutes of Meeting - October 2, 1996 #AB96-234 C. Amended Professional Services Contract #AB96-235 for Retained Counsel M/S/C/U(Neville/Winters) to approve Consent Agenda as presented. 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. M/S/C/U(Colvin/Montgomery) on October 23, 1996, the Council does approve for payment those vouchers included and further described as follows: 202704 through 202951 in the amount of $762,866.31; and Regular Payroll for the period ending October 15, 1996, in the amount of $694,400.03. COUNCIL MEMBER REPORTS Mr. Winters encouraged voters to read their Voters Pamphlet and to vote in the upcoming election. He presented Mayor Horton with a plaque the City received from the Bremerton Main Street Association in recognition of the City's participation in the 1996 Blackberry TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 2 of 11 Festival. The award was given out during an after hours event at Simply Good Food Restaurant. Lastly, he reminded everyone to support local fund raising organizations within our community. Mrs. Muff-Menees announced the Mayor has appointed a Citizen Advisory Committee for the purpose of re-evaluation of the SR 304 to downtown access issue. The Committee's task is to take into account any new information generated in this past year, since Council's first decision on the routes to be developed for downtown access. The Committee held their first meeting on October 21 and their next meeting is scheduled for October 28, 6:00 - 7:30 P.M., at the Bremerton School District Administration Office. The key topic for that meetings will be parking issues and the secondary topic will be traffic flow and transportation issues. There is also a meeting scheduled for November 4, 6:00 - 9:00 P.M., that will include a segment as an Open House where members of the community can come in to view information presented on charts, followed by community discussion that will conclude at 9:00 P.M. Mr. Neville announced the City-Wide Halloween Party will be held October 31, at the Parks and Recreation Center. He encouraged parents to bring their children to this event because it is a safe place to have a good time. He reminded drivers to please drive carefully on Halloween night because not all children are safety conscious when walking along and/or crossing streets. Mr. Overson reported he attended a recent meeting where the City addressed taking parking off of planting strips, as prescribed by State Law. He described the activity at that meeting as a lively debate. He commended Engineering staff members for their willingness to under take such a discussion and the professional manner in which they handled citizen concerns. He wished there was a way to either not have to implement the no-parking on planting strip rule or do it differently because it is a difficult issue. He pointed out the Admiral theater construction project is progressing with most of the working taking place inside. It appears the Admiral Foundation expects to complete the project by end of 1996. Mr. McConnell reported a new recycling business has opened at 5th and Naval - Westhills Recycling. He also thanked Janet Lunceford, Building Department, Bob Tulp, Public Works and Operations Manager, and City Street crew for their effort in abating and getting rid of an abandoned trailer on Ivy Street. He thanked Donald Pratt, Director of Community Development, for taking care of a problem, a junk yard operation, on Wright Avenue. Mr. Colvin thanked Mayor Horton for getting rid of the Scotch broom on the east side of the Warren Avenue Bridge. By popular request, TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 3 of 11 Mayor Horton has been invited back to speak at the next District #1 Neighborhood Meeting in November and will be accompanied by a representative of Sinclair Land Association, who will give citizens a first hand view of all that has transpired in the downtown area now and in the near future. Mr. Colvin and Council President Law attended an AWC meeting on October 18, where representatives from various cities commented on the lawsuit between the City of Bremerton and Kitsap County relating to growth management. Some equated to the City suing ourselves because Bremerton is also part of the County. Personally, he felt there was merit to that statement; however, he did not know if there was another way to solve the problem, but he would like to see problems such as this solved without having to pay out attorney fees. Mr. Law added too Mr. Colvin's comments about the AWC meeting, there were three sub-committees and the objective of those groups was to communicate with the legislature the concerns of the Association Of Washington Cities. MAYOR'S REPORT Mayor Lynn Hotton announced she and Carol whitehead, Superintendent of the Bremerton School district, will host a joint School/City meeting at the View Ridge Elementary School on October 28, 6:30 P.M. She hopes members of the public will take this opportunity to share their concerns about school issues or city issues. Similar forums will be held in each of the elementary schools throughout the year. The Mayor's 1997 proposed budget is nearly complete, it is balanced, but not hugely different than the 1996 Budget, and she does not anticipate bringing on any additional personnel. Council will have their copy of her proposed budget by the end of October, with Council's budget review starting November 5. PUBLIC RECOGNITION Teresa Dembicer brought up some personal health concerns and asked the City Council to help her find someone to assist her. President Law asked Ms. Dembicer to meet with him at the City Council Office on October 24 to discuss her concerns. Bob Sauter, VFW Post 3694, invited everyone to attend the Veterans Day programs at the east Bremerton schools, particular at the Bremerton Junior High School, on November 8, 7:30 A.M. - 2:30 P.M. He encouraged the Council members to support the efforts by his VFW Post to secure the USS Missouri as their new post home. Russell Nickerson, representing Missouri On The Mainland Committee, announced the Save The Missouri Committee and the Missouri Commemorative Committee no longer exist as a functioning in the TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 4 of 11 pursuit of the USS Missouri. As an offshoot of the volunteers of both of those committees, the volunteers have organized a new letter writing campaign that commenced today and have adopted the new name of "Missouri On The Mainland Committee (MOM). The next meeting of MOM will be November 7, 9:00 A.M., at the Old Bank Antiques Conference Room (2nd floor entrance off of 2nd Street). Carol Atkinson, Bremerton Main Street Association, commented on the Blackberry Festival Awards Banquet, which was held at Simply Good Food. She encouraged members of the public to sample the food at Simply Good Food and show their support of a fairly new downtown. business. Planning is underway for Santa's arrival downtown. Roy McInnis, Bremerton resident, announced the Sinclair Missionary Baptist church is celebrating its 53rd anniversary on October 27, at 3:00 P.M.. He invited everyone to attend this event and suggested they arrive at 1:30 P.M., so that they could sample the wonderful food that will be served. Elmer Doug Lince, Bremerton resident, suggested the city obtain a lease ($1-10.00 per year) from the Navy for an area next to the Ferry Dock for mooring the USS Missouri. Mr. Lince supports the VFW in their endeavor to obtain the Missouri. Del Knauss, Bremerton resident, questioned who ordered the Value Engineering Study on the SR304 to downtown route, why is the EIS back in Washington D.C., and why didn't the high paid consultants and City staff know that such a study would be required? He and other are up in arms over the City's further review of the one-way couplet system. He pointed out the frustration extends to Mayor Horton and Randy Witt, City Engineer as well. The reason for his and other members of the public's frustration is that they believed the Council had voted to approve a "do nothing" option, but now it is being readdressed. He stressed it is important that everyone involved attend the Citizen Advisory Committee meetings. Emily Moshay voiced her support of the efforts by the VFW Post 3964 to keep the USS Missouri in Bremerton. 7A - CONFIRMATION OF BUILDING DEVELOPMENT PERMIT MANAGER (BUILDING OFFICIAL) APPOINTEE JUDITH M. JOHNSON, #AB96-236 The Building Development Permit manager position includes Building Official responsibilities. The BMC requires City Council confirmation of the Building Official. An assessment center process, which included neighborhood representatives, construction trade professionals, and City regulatory staff was used to screen the applicants. The Mayor's appointee is Judith M. Johnson. Mayor Lynn Hotton noted she was standing in for Donald Pratt, #1327 TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 5 of 11 Director of Community Development, who would normally make this presentation, but he is out-of-town. Following the assessment center process, Judith Johnson was the No. 1 rated candidate. She and Mr. Pratt interviewed Judith and were impressed with her knowledge level and her willingness to deal with customers in a way that makes everyone come up with a win-win solution. References and past employers were contacted and all of them gave very glowing comments about how Judith interacts with the public and her technical skills. One area Mayor Horton was concerned about was on the one hand we expect the Building Department to be customer friendly, but on the other hand we do have abatements that sometimes need a more heavy handed approach, if responsible resolutions cannot be obtained. Judith was asked if she would be willing to switch gears and possibly go from one meeting where she is trying to bring someone into compliance, who is reluctant to do so, and turn around and meet with a potential business that wants to locate in Bremerton. Mayor Horton feels very strongly that Judith can handle such a situation. She also believes Judith's high energy level will be of great benefit to the City to accomplish the tasks she has before her. Therefore, she urged council's confirmation of Judith Johnson as the Building Development Permit Manager. Public comment - none. Mr. Winters questioned if new construction code applies in every situation, i.e. remodel, etc., or because of the old existing way a house was built it could be built to conform to that previous code condition? Judith Johnson stated there would be no difference in the inspection process for new construction, i.e. the new addition being added on to a home; however, there are ways to add on to that home with the same materials in order to achieve the same look as the original built home. M/S/C/U(Montgomery/Huff-Menees) to confirm Judith M. Johnson as Building Official. Judith Johnson stated as clarification to Mr. Winters' question about inspections, part of what you have with new construction is current codes that are applicable. If you were talking energy, there are ways to build 2x4 construction and still meet the current energy Codes. She wasn't total clear whether Mr. Winters was talking code specific or inspection specific. 8A - RESOLUTION NO. 2564. APPROVING FINAL PLAT FOR 42 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON TWO ADJOINING PARCELS TOTALING 3.7 ACRES; APPLICANT: FPH MANAGEMENT CONSTRUCTION, INC., #AB96-237 The Preliminary Plat for Broadmoor Village, a 42 lot planned unit development and subdivision allowing relatively small lots with TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 6 of 11 reduced setbacks, was approved by the City Council on August 31, 1995 subject to conditions (see Exhibit C, with statements of compliance). Improvements necessary for road access, utilities and fire protection have been constructed in compliance with the preliminary plat approval. Now, a plat map prepared by a licensed surveyor has been submitted for Council approval. If approved, the plat will be recorded with the County Auditor. Title 58 RCW Boundaries & Plats requires Final Plat approval by the City Council. President Law asked the "appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Jack Allingham, Planner, stated the original preliminary plat was approved for 43 lots and it was a combined preliminary plat planned unit development. Subsequently, the plat has been designed with the final planned unit development approved by the Director of community Development and the plat has been constructed with all roads, utilities and provisions for curbs, gutters and sidewalks and open space. The City has accepted a bond for some remaining landscaping that needs to be completed along the north property line, and a security bond guaranteeing the durability of the utilities and streets, which is allowed by the Subdivision Law. Before any lots or structures within the plat can be sold, a final plat must be approved by the City Council and recorded with the County auditor. At this time, Council is asked to pass a resolution approving the subdivision. Public comment - none. Mr. Overson questioned the number of parking spaces required per lot and how it is accommodated in the plan? Mr. Allingham stated the current zoning regulations require two parking spaces per dwelling unit. The final planned unit development provides for the required parking by use of a single car garage with additional parking in front of the garage. Common parking areas are shown on the east and west end of the open area. Mr. Montgomery stated his only concern had to do with the water retention pond and questioned how fast will the water evaporate out of the pond? Mr. Allingham explained the stormwater system incorporates an underwater storage tank, which is located under the public right-of-way. Water will flow from all impervious surfaces into biofiltraton swells and from there it will flow into a stormwater detention tank. The stormwater detention tank may fill up to the point where water is backed up into a pond located in Tract C. It is not anticipated that water will remain in the pond for more than 48 hours and that the slopes into Tract C are a 3-1 slope and have been engineered to take into account the water and #1743 TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 7 of 11 any safety factors. Mr. Montgomery stated he believed the majority of the families living in the subdivision will have small children and he was fearful that someone might drown in the pond when filled with water. M:. Alllngham pointed out the pond is not the only stormwater detention site on the property. Mr. Farr asked if the conditions set at the time the preliminary design was approved on August 31, had been met. Mr. Allingham stated yes. Mr. Colvin stated he shared Mr. Montgomery's concern about the water retention pond and questioned who would be responsible if a child did drown? Mr. Allingham stated he was not a practicing attorney and could not speculate on that responsiblity. Mr. Colvln asked if the homes in the subdivision would be for first time home buyers only? Mr. Alllnqham stated there are no restriction as to who can purchase homes. Mr. Colvin questioned who would be responsible for maintenance of the open areas? Mr. Allingham explained a Home Owners' Association has been formed to provide for the upkeep of all common areas. M/S/C/U(Farr/Winters) to adopt Resolution No. 2564, accepting the final plat of "Broadmoor Village", located at 1000 East Broad Street, Bremerton, Kitsap County, Washington. 8B - RESOLUTION NO. 2565, SUPPORTING VETERANS' REOUEST TO OBTAIN USS MISSOURI, #AB96-238 Local Veterans' groups are requesting, through a long standing federal statute, that they be granted ownership of the surplussed battleship USS Missouri. This resolution supports their efforts. Mayor Lynn Horton stated Bob Sauter approached the City Council two weeks ago seeking their support of the local veterans group in their attempt to have the USS Missouri surplussed to them. She felt strongly that it behooves all of us to try to keep the Missouri in this area. she supports the efforts of VFW Post 3964 and urged Council to support their efforts as well. Robert Ferguson, VFW Post 3694, noted the USS Missouri is quite large and he did not think VFW Post 3694 would be able to utilize all the space, so the City of Bremerton, Kitsap County and the State of Washington would be welcome to share that space with them in any form that could be arranged. Most of the surviving veterans of WWII reside in the continental United States and it would be to their advantage to have the Missouri moored in Bremerton. He personally had the opportunity to view the signing of the Peace Treaty with Japan from another ship. Mr. McConnell asked if the VFW Post was successful, would the Navy TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 8 of 11 attach strings as to maintenance, etc. Mr. Ferguson stated he did know what requirements may be mandated, if any. They were not far enough into the process to have that kind of information. The local organization would have to maintain the ship and they would have to open the ship up to outside tourism and other functions to collect additional revenue to fund the project. Mayor Horton stated the original proposal submitted to the Navy identified the need for 1.5 million dollars annually for upkeep and maintenance, but the prospectus that was developed, using a loaned Boeing executive and a market research firm, identified allowing the public to come aboard for a reasonable rate and other fund raising efforts through sponsorships, etc., the 1.5 million dollars per year would be attainable. Mr. Winters thanked all of the people who worked on the proposal to save the Missouri. He believes there many people, such as his father, who worked in Shop 41 of Puget Sound Naval Shipyard for 30 years, helped to maintain ships and his father recalled at one point when the Missouri was going to be recommissioned into service that it was to be retired in Bremerton. He applauded the efforts being taken to further pursue acquisition of the Missouri and he urged the public to write letters to every single Congressman. Mr. Colvin asked if Mr. Sauter's organization contacted all of the veteran organizations throughout the United States? Mr. Sauter stated not at the present time. Information has been sent out on the Internet to the Fleet Reserve Association, Peal Harbor Survivors Association Medal Of Honor Society. E-Mail has been sent to the Association Of Army, who are 2.5 million strong. He emphasized this is another example of bridge building. The Veterans Of Foreign Wars are about the biggest bridge builders between the community that exists in the world today. They enter the schools and bridge the gap that is lacking in history and not taught in the school. They convey that message of our heritage, roots and how they were defended. The American Legion, the disabled American veterans and every veterans organization conveys this bridge from the past to the future. That is what they want to do through this proposal along with the cooperation of the City, County, State and entire nation. Mr. colvin commended the veterans for their efforts in reaching out within the community. Mr. Overson asked if such an endeavor has been successful in the past? Mr. Sauter stated the American Legion Post in Radcliff, Kentucky acquired two tanks valued at $200-300,000. Mr. Montgomery stated he wrote a letter to President Clinton on this issue and he received a "standard canned" response. He believes it is a political decision and he hoped someone in Washington D.C. is paying attention to what the veterans are trying #2263 TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 9 of 11 to do and demand a recount. M/S/C/U(Montgomery/Colvin) to adopt Resolution No. 2565, 9A - CLOSED RECORD PUBLIC HEARING TO HEAR APPEAL OF A PLANNING COMMISSION DENIAL OF AN APPLICATION FOR ZONING ORDINANCE SPECIAL EXCEPTION; APPELLANT: PAUL & L.G. GADDIS, #AB96-239 The applicant is appealing a Planning Commission decision to deny (vote 7 to 0 against) an application for a Zoning Ordinance Special Exception (ZOSE) to construct a carport or garage in the front yard setback. The applicant had failed to meet all six criteria essential for approval of the ZOSE. Note: This is a Closed Record Public Hearing. There will be no public testimony taken. Kathleen McCluskeV, City Clerk, noted the back page of the applicant's request was not included in the documentation; therefore, the City Attorney asked that it be read into the record: "The building which exists at present has no resemblance to a carport which is what we have asked for and is described in our application. Planning Department and Planning Commission have misunderstood and in some instances added to our application. Our application on its own is a model acceptance as it changes nothing in the character of the neighborhood. It presents no safety hazard, nor does it add any. Chapter X. Section 10-A is pertinent for this due to the high bank characteristic and gauntlets that the driveways have created." President Law asked the "appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. President Law asked if any member of the City Council had not reviewed the record of the Planning Commission Hearing? Mr. Winters stepped down. President Law asked if any member of the City Council visited the property since this hearing was scheduled? Mr. Farr stated he believed he walked past the site since it is not far from his home and along the route of his daily walk, but he could remain objective. (Note: no one objected to Mr. Farr being seated.) Mr. Colvin asked the city attorney to explain the portion of the hearing that pertains to Council viewing the site prior to the hearing date? Ian Sievers, City Attorney, stated that is one of the limited forms of evidence that Council allowed themselves to have introduced at the closed record hearing as long as they do state the circumstances for their viewing the property. Mr. Neville referenced the applicant's referral to Chapter X Section 10-A, and noted the documentation provided only included TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 10 of 11 Chapter X, Section 10-C. He asked for an explanation as to the content of chapter X, Section 10-A. Mrs. Huff-Menees pointed out the applicable ordinance is addressed in Chapter X, Section iO-C, and if Chapter X, Section 10-A was applicable to this issue, it would have been included as part of the Planning Commission hearing. Mr. Montgomery pointed out Chapter X, Section 10-A is referenced in the Planning Commissions Findings Of Fact & Conclusions Of Law And Decision and quoted as follows: "As stated in Chapter X, Section 10-A of the Zoning Ordinance, the special Exception process is intended to permit relief from zoning requirements that may cause undue inconvenience or irritation, but are not so severe that they would warrant a Variance on the basis of hardship." President Law questioned the date of the applicant's appeal? Ms. McCluskey stated September 3, 1996. She believed Mr. Neville's concern was whether or not the reference to Chapter X, Section 10-A by the applicant was in error or if it was applicable. Mr. Sievers stated the subsection cited by the applicant is Subsection A, the introduction to the Zoning Ordinance Special Exception, which reads: This section establishes a process for permitting relief from Zoning Ordinance requirements that may be inappropriate and specific unique situations or that may cause undue inconvenience or irritation to the owner or occupants of the affected properties, but that are not so severe that they would warrant a Variance on the basis of hardship". Subsection C, as referenced in the Planning Commission report, identifies the criteria for Zoning Ordinance Special Exception. Jams Coombes, Department Of Community Development Land Use Specialist, passed out photographs of the subject site that were submitted by the applicant and shown to the Planning Commission. He also provided view graphs showing the location of the site and site plan. A brief slide presentation was also made showing the present condition of the proposed site. Mr. Coombes stated staff's recommendation is to uphold the Planning commissions decision of denial. Mrs. Huff-Menees noted she found nothing legal, in terms of the requirements, that would allow Council to approve the request. Mr. Colvin asked the City Attorney to respond to the legal question injected into the discussion. Mr. Sievers stated it is not a legal question, there is criteria for approving this request and the Planning Commission found those criteria were not met. Whether or not they are met, is based on what evidence the Planning commission heard and what Council sees in the transcript. Council needs to find evidence within the documented testimony that supports each of #3025 TAPE #1417 City Council Reg. Mtg. Minutes October 23, 1996 Page 11 of 11 those exceptions. He believed Mrs. Huff-Menees' statement was that she did not find facts in the transcript that supported all of the exceptions. Mr. McConnell stated his support of Mrs. Huff- Menees' position based on the fact that the applicant must meet every criteria, which was not the case. M/S/C/U(Montgomery/Colvin) to DENY Appeal No. 96-0005, and uphold the Planning Commission's Decision, denial of a Zoning Ordinance Special Exception to construct a carport in the front yard setback. President Law thanked the TV camera crew for their services: Vera Crocker, Terry Bowlby, Rob Rupe, Patricia Mathis. With no further business meeting adjourned at 7:07 P.M.. ~L KATHLEEN L. McC City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault Clerk