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HomeMy WebLinkAbout07/01/92TAPE #1036 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JULY 1, 1992 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, July 1, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Richard Neville, Eileen Fitz, Morrie Dawkins, Russ Johnson, A1 Colvin and C.R. "Tiny" Collins. Councilmen Lon Overson and Hank Waibel were absent. Also present were Assistant Attorney Jim McNamara and Kathleen L. McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend Jim Hill Of Neighborhood Christian Center. CONSENT AGENUA A. Minutes of Meeting - June 10, 1992 #AB92-165 B. Minutes of Meeting - June 17, 1992 #AB92-166 #0024 #0041 M/S/C/U(Fitz/Johnson) to approve Consent Agenda as presented. CLAIMS/WARRANT 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/Dawkins) on July 1, 1992, the Council does approve for payment those vouchers included and further described as follows: 152281, 152282, 152423, 152424, 152430 through 152433 in the total amount of $561,155.78 and Retirees' Payroll for the period ending June 30, 1992 in the total amount of $88,781.54. COUNCIL MEMBER REPORTS Mr. Johnson stated this past weekend he enjoyed the cooler weather. He did not enjoy reflecting back on what is happening with growth management and Kitsap County. He was saddened over an apparent disregard of a two year planning effort between Kitsap County cities and Kitsap County officials. He hoped Kitsap County officials would reconsider their position on the boundary jurisdiction issues as it relates to growth management. He noted when regional planning TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 2 of 9 came to Pierce County's legislative body for action, they already had sign offs from most of the cities. He felt something like that may work for the cities in Kitsap County. Mr. Colvin noted the Cable Access group has planned a picnic for July 7, to show their appreciation to the many volunteers who assist this program. He expressed his appreciation for the dedicated individuals serving the City in this capacity. He related there is a rumor that a request for "change of government" will be back as an initiative. Previously, several Council members voted against such an initiative because they did not believe it was proper for citizens initiatives to come before Council. He wrote two letters, to Municipal Research Service Center and the State Attorney General's Office, questioning whether or not such action was required. Both of those entities responded indicating that the County had no legal right to insist that the City Council vote on placing a Citizens' Initiative on the ballot. He forwarded this information to the City Attorney for further investigation. Mr. Collins stated if the people of the City of Bremerton get enough signatures to have a Initiative on the ballot there is no reason why this Council should sit in judgement of that. He emphasized if the people want something on the ballot, then they should put it on the ballot. Mr. Neville reported he attended the Concert In The Park at Evergreen Park this past week, which has a tradition of 41 years. He reminded everyone the next concert is Tuesday, July e Mrs. Hotton reported the Concerts On The Dock will be continuing this year. In reference to Kitsap County's public hearing, on Monday June 29, she was not as concerned with the content or verbiage but rather the manner in which the whole issue was handled. When the Regional Council met on June 3, Commissioner Eider assured everyone that the cities would have copies of the changes for an appropriate amount of time for review. Mrs. Horton did not receive that document until 3:00 P.M., Friday, June 26 and the Public Hearing was scheduled for 10:00AM, June 29. She felt this breached a lot of good faith and effort that was put in by all of the cities, and they thought by the County. That Public Hearing was continued and she had received a message from Commissioner Horsley that he wanted to meet with her. She did not want the respective cities going to their "fox holes" and have Kitsap County ultimately be the loser. She strongly urged Kitsap County TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 3 of 9 officials to come back to the "table" and see if some sort of agreement could be reached where both agree that it is an appropriate document. Mayor Mentor stated he believed someone was missing the point of what growth management is all about and the reasons for it. Other counties around the State are addressing growth management as a whole different philosophy .... cities are saying we're not sure we can take all this growth and the counties are saying you have to take it because we have to save rural areas. He attended the following activities: several Change Of Command Ceremonies, Filipino community's Friendship Banquet, Filipino Independence Day Celebration, held in Seattle, AWC Conference//Bellevue (City of Bremerton's Christmas In April Program was awarded the 1992 Municipal Achievement Award - this award recognized excellent and local government service). PUBLIC RECOGNITION Don Atkinson, Executive Director Bremerton Main Street Association, reported Concerts On The Dock will be co- sponsored by Bremerton Main Street Association along with the Bremerton Area Chamber Of Commerce. A six-week schedule of concerts will start on Thursday, July 9, on the First Street Dock. He noted his group receives assistance from the City's Parks Department, other organizations and individuals in putting on this event each week. There is no charge for the concerts and they are held from 6;00 to 7:00 PM. Effort is underway to bring the Sunday Farmer's Market in the immediate vicinity at this same time. Bremerton Main Street Association is also continuing the Centennial granite and brick sales promotion. Bricks are available at a cost of $50.00 each and granite blocks are available at a cost of $500.00 each. Paul DrnJevic introduced Dr. John Yiamouyiannis, President of the Safe Water Foundation. Dr. YiamouViannis stated he is an independent candidate for President and was pleased to have the opportunity to speak to the City Council and citizens of Bremerton on the issue of fluoride in drinking water. He spoke in opposition to fluoridation of drinking water and cited a number of studies that provide documented results or lack of results relating to improved dental health through the use of fluoride. He cautioned that fluoridation provided more of a harmful affect on the human body than the good it did. He stated one of the reasons he was running for President was due to the U.S. Public Health Service endorsing fluoridation. TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 4 of 9 #1222 He emphasized tooth decay is decreasing everywhere except where children are denied proper dental care and hygiene. President Hotton noted if the City ever proposed fluoridation of water, there would be opportunities for public debate. John Clauson, Kitsap Transit Service Development Manager, reported approximately two years ago they started looking into a way to make transit more attractive. Through the assistance of Allen Jacobs of the City's Electronics Department they were able to come up with a system that would not interfere with the City's signal system throughout the City. Funding for this project has been a cooperative effort between the City and Kitsap Transit. Issues that have come up in developing this program have been a State law. Through the help of State Representative Paul Zellinsky, the State Patrol has given Kitsap Transit exemption from that law for a one-year test period. As part of that exemption, Transit has agreed to hire a consultant to study the effects of the system on the community and provide an unbiased report. They have solicited the assistance of the University Of Washington to provide this review, determining the status before OPTICOM and after OPTICOM. The system will be turned on for transit on July 7 and has been in operations for the emergency community for several months. He extended special thanks to all City staff who have assisted in the installation of this system. 6A - PROFESSIONAL SERVICES CONTRACT FOR RETAINED COUNSEL, #AB92-167 West Hills v. City of Bremerton, was filed August 1989 by a number of property owners in the vicinity of the Bremerton sewage treatment plant alleging inverse condemnation of their properties and operation of a public nuisance. Plaintiffs' motions for summary judgment and expedited trial dates have been denied. Limited discovery has taken place. The case is set for extended trial in June 1993 before a visiting Pierce County judge, with intermediate deadlines for discovery, motions, and settlement. The City Attorney's Office does not have resources to continue the defense and prepare for trial in a case of this magnitude. The firm of Foster, Pepper & Shefelman have an environmental and land use division with depth of resources and experience needed to continue the City's defense at this juncture. Public comment - none. M/S/C/U(Collins/Colvin) that the City Council approve this Professional Services Contract. TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 5 of 9 #1291 #1339 7A - RESOLUTION NO. 2396, SETTING HEARING DATE FOR VACATION OF YANTIC AVENUE NORTH OF THE INTERSECTION OF PATTEN AND HARTFORD, #AB92-168 Thelma Wade Serry, adjoining property owner, was granted a right-of-way vacation for an undeveloped portion of Yahtic Avenue in 1968. The vacation was never completed as the City was not compensated, and an ordinance vacating the street was not adopted. Because over 20 years has elapsed, the City Council should reconsider the vacation at another public hearing. RCW 35.79.010 requires the setting of a hearing by Resolution not less than 20 days nor more than 60 days after Council passage of the Resolution. Jack A11ingham, Current Planner, reported he had no further information but would standby for questions. Public comment - none. M/S/C/U(Collins/Dawkins) that the City Council pass Resolution No. 2396 to set hearing for Vacation of Yantic Avenue north of the intersection of Patten and Hartford on July 22, 1992, at 6:00 P.M. or later. 7B - ORDINANCE NO. 4380 (SECOND READING) AMENDING THE ZONING HAP OF THE CITY OF BREMERTON FOR PROPERTY LOCATED 8OUTH OF SYLVAN WAY AND EAST OF PINE ROAD (CARLSON REZONE), #AB92-163 Public comment - none. M/S/C/U(Fitz/Colvin) pass Ordinance No. 4380 on second reading, amending the Official Zoning Map of the City of Bremerton for property located south of Sylvan Way and east of Pine Road. (Carlson Rezone). 8A - PUBLIC HEARING: REZONE - TO ACCEPT PUBLIC COMMENTS AND CONSIDER THE RECOMMENDATION OF THE PLANNING COMMISSION REGARDING A REZONE REOUEST ON PEARL STREET, APPLICANT: LARRY & JUDY SETTERLUND, #AB92-169 The owner of a single vacant lot on the north side of Pearl Street, west of Wheaton Way, has requested a REZONE of his property from "DR" to "GB". This lot is located on the periphery of the "GB" and "DR" zones, and is adjacent and to the west of another property owned by the applicant which is occupied by a commercial service business. This proposal has been discussed at a neighborhood meeting and the Planning Commission conducted its public hearing on May 19, 1992. Based on the information contained in the attached Findings and Conclusions, the Planning Commission has TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 6 of 9 recommended City Council approval of this Rezone. If approved by the City Council, a Rezone Ordinance is included for consideration and first reading. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Shane Jensen, Planning Division, provided a view program showing existing land uses in the subject area. The area being considered for rezone is bounded on the northeast, east and south by general business and shopping center uses. On the northwest and west, the lot is bounded by a mixture of residential types - older single family homes, duplexes and a large apartment complex. The subject site is immediately across the street from an entrance into the Ernst shopping center. The applicant feels that this lot is more suitable for the future growth of their business or for other future commercial use rather than residential development. They believe it would be in to the public's best interest that the property be rezoned from DR to GB because of the conditions and development of commercial districts adjacent to this site. A view graph was provided showing the current zoning of the subject property. The subject lot is 13,600 sq. ft. and would allow one dwelling unit per 4,800 sq. ft. of lot area. Current zoning would allow three single family units or one single family unit and one duplex. With the request for rezone there is no specific development proposal. In determining the criteria of reasons why this rezone is necessary, consideration was given to the existing shopping center directly across Pearl Street and the other shopping center to the northeast and east, which constitute a proliferation of commercial development in the area. Having an entrance to a shopping center directly across from the subject site is not conducive to residential use considering the impact of in-and-out traffic from the shopping center, both daytime and evening. It was felt by the Planning Commission and Planning staff that this was no longer a desirable location for residential development and that the residential deterioration of the area and growth of the commercial district area justifies rezone of the subject property. The only public concern about the site is the condition of Pearl Street, which has between a 60 ft. and 40 ft. right-of- TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 7 of 9 way, but the pavement varies from about 23 ft. to 32 ft. in width and is listed in "poor condition". There are no curbs, gutters or sidewalks along Pearl Street. Due to the small size of the subject lot, staff felt it would be most likely limited to a type of commercial business that would not generate a great deal of traffic. It was determined that the rezone satisfies the Rezone Criteria and that public interest would best be served by this property being rezoned to GB. Judy Setterlund, applicant, explained at this time she did not have any proposal for use of the site if it is rezoned to GB. It was felt that since it was a vacant lot located directly adjacent to their present business it would be to their advantage to have more commercially zoned property. Public comment - none. Mr. Johnson stated he agreed the site should be some type of commercial use, however, GB opens the door to "any" type of business, which may adversely affect the residential area. He would be more comfortable if it was GB with a Concomitant Agreement to take out types of businesses that would adversely affect the surrounding area. Mr. Colvinquestioned if there had been any opposition to this proposal from surrounding neighbors? Mr. Hough stated no. A neighborhood meeting was held on May 14 and no one voiced any opposition at that time. The surrounding residential uses already experience the same impact from surrounding commercial areas as the subject site. Mr. Neville questioned if the rezone was approved would City zoning then require off street parking, setbacks, landscaping, etc., to provide a buffer between the more intense commercial use and residential area? Mr. Hough stated yes, that would be required under the Landscaping Chapter of the Zoning Ordinance; and if any development occurred on this site it would be subject to those requirements. Mr. Co111ns expressed concern over the potential of picking off lot-by-lot and zoning them commercial and encroaching on residential areas. He did not agree with such a practice and felt a less impacting use would be more appropriate for this site. He supported using that site as more of a buffer and designating that would be the limit of business use encroaching toward the residential area. Mr. Hough stated TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 8 of 9 when reviewing this proposal it appeared the best place to put the line between business and residential was somewhere past the subject site. Unfortunately there are a couple houses, in the immediate area, that are presently very deteriorated and if they burn down, fall down, etc., chances of someone building new houses would be minimal. Because the orientation to the shopping center, the border should probably be at a location further west on Peal Street. Also, there is a significant topographic change on Pearl Street, which would also be a good place to place the separation of zones. However, it was not desired to expand the rezone to that area because surrounding property owners are not requesting it. Mr. Collins emphasized Council must consider what is happening and what could happen in future years. Mr. Hough stated any proposal for the subject site would have to go through the site-plan review process and if there is not adequate buffering protection then General Business should not be abutted against residential anywhere in the City. Mr. Dawklns agreed with Mr. Hough about the topographical change and supported the proposal for a requested rezone. President Hotton stated Council may consider in the future placement of a neighborhood business zone in one of the lots. Or, sometime in the future as other parcels seek rezone the City may purchase a small lot and consider a neighborhood L.I.D for a neighborhood pocket park that could act as a buffer between commercial and residential uses. Council will be reviewing the Comprehensive Plan and Transportation Plan in the near future and possibly should review the Parks Comprehensive Plan in conjunction with those plans. Through that process, there may be other options available other than just coming up with a neighborhood business, which might not be appropriate. Mr. Johnson cautioned if the area referenced with the three deteriorating houses become available it is possible some entrepreneur would pick them up along with the subject vacant lot and have the capability of establishing a fairly large complex/use. He wanted to prevent this type of development so close to the residential neighborhood. He did support making the subject lot commercial, but not GB. Mr. Colvin questioned if Mr. Johnson's remarks covered any similar discussion at the Planning Commission hearing? Mr. Hough stated he could not recall discussing that specifically. Mr. Colvin questioned Mr. Hough's response to Mr. Johnson's comments? Mr. Hough stated the Staff Report to the Planning Commission is basically the same as in Council's packet, which TAPE #1036 City Council Reg. Mtg. Minutes July 1, 1992 Page 9 of 9 #1798 contains the list of uses in the GB zone. Mr. Collins pointed out that list was incomplete. Mr. Hough explained the Zoning Ordinance contains 11 pages of tables of land uses and the list included is a sample of types of uses that might be suitable for this area. There are many uses allowable that would not fit on the subject site and staff did not give consideration to combining it with other sites. Mr. Collins stated basically the same list of uses as would be in Neighborhood Business. Mr. Hough stated he did not believe Neighborhood Business included drinking places and pool halls. The option Mr. Collins is suggesting is a lesser zone as a buffer between the GB and Residential. Staff did not propose that because it would give the appearance of "spot" zoning. If they had included several lots along with the subject site in the rezone request, then they could have offered the Professional Office (PO) zone, but not a Neighborhood Business because it was not a good location for that use. President Hotton stated she would not support a one-lot zone because it looks squarely like a "spot" zone. Mr. Dawkins stated one of the things that would create traffic would be if someone put in a drive-in restaurant that generates lots of traffic. He felt assured such a use would not be located around the corner and off of a main thoroughfare. M/S/C(Colvin/Dawkins) to approve a rezone from Duplex Residential (DR) to General Business and to approve Ordinance, on first reading. Vote on motion: In Favor: Fitz, Dawkins, Colvin, Horton Opposed: Johnson, Neville, Collins Motion carried. With no further business meeting adjourned at 6:45 p.m. A~HLEEN L. ~ City Clerk LYNN HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault