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HomeMy WebLinkAbout12/23/91TAPE #980 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JAN 8 - 1992 #0036 #0052 DECEMBER 23 1991 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, Monday, December 23, 1991, at 5:30 p.m., with Council Vice President Morrie Dawkins and President Lynn Horton presiding. Council members present: Lon Overson, Spencer Horning, Hank Waibel, C. R. "Tiny"Collins, A1 Colvin and Russ Johnson. Councilman Wayne Estes was absent. Also present were Acting City Attorney Leila Mills and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council Vice President Dawkins and Invocation given by Councilman A1 Colvin. CONSENT AGENDA A. Minutes Of Meeting - December 11, 1991, #AB91-313 Bid Award Recommendation - Asphalt/Paving Products And Services For 1992, Awarded To Ace Paving In The Amount Of $102,310.00; And Road Excavation And Utility Adjustments awarded to RV Associates In The Amount Of $75,175.00 M/S/C/U(Waibel/Overson) 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/Waibel) on December 23, 1991, the Council does approve for payment those vouchers included and further described as follows: 141488 through 141670 in the total amount of $241,701.12. COUNCIL MEMBER REPORTS Mr. Johnson wished everyone a "Merry Christmas" and hoped everyone would drive safely and soberly. Mr. Colvin read into the record a letter of "thanks" to all City employees, managers and those serving on volunteer boards and commissions. TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 2 of 11 Mr. Oollins stated his family had everything prepared to celebrate Christmas in the traditional way and hoped everyone has a Christmas in their tradition the same as they have in theirs. And, he extended a special wish that next year will be a year of peace, gratitude and become more loving of each other. Mr. Overson recommended that anyone looking for some fun entertainment should take the time to look at the many Christmas light displays around the City. He wished everyone a happy, healthy and safe holiday season. Mr. Horning wished everyone a "Merry Christmas" and congratulated Ian Sievers, City Attorney, on the birth of his son, Brent Collin. Mr. Waibel joined in with "seasons greetings" to everyone. He reminded everyone a year ago there was a focus on the Middle East and war activities and he looks to the new year for greater and continued peace. Mr. Dawkins stated this time last year locally we were experiencing snow and icy weather and he was enjoying the much milder weather this year. He stressed the importance 0f spending time during this holiday season with loved ones. PUBLIC RECOGNITION Mayor Mentor reported he attended the Toys For Tots Sunday event at the Kitsap Pavilion, where several thousand children received toys and gifts. KBRO and Kitsap Transit filled up a Kitsap Transit bus with food plus $2-3,000 in cash to buy food to be distributed through local food banks. He wished everyone a "Merry Christmas" and handed out Candy Canes to everyone present. JerryReid, President Bremerton Area Chamber Of Commerce, read a letter into the record reflecting the Chamber's Board of Directors views on the proposed location of a Pre-Release Facility in Bremerton. They urged Council members to seek'an alternative site that is not located in the heart of Bremerton's last undeveloped residential area. Pope Resources, who own more than 60,000 acres in Jefferson and Kitsap Counties, offered to discuss a more appropriate location for such a facility on one of their other properties. On a personal note, Mr. Reid questioned the composition of the citizen advisory committee for locating the Pre-Release Facility in Bremerton and their function. He was not pleased with the role/influence to that committee of one City Council TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 3 of 11 member, who is not an official member of that advisory committee. Mr. Reid was concerned that public input was not sought out on such an important issue. Mr. Collins noted it was only last week that he learned there was a committee formed that was selecting a site for a Pre-Release Facility. He was not knowledgeable as to how individuals were appointed to such a committee. Mr. Johnson stated he was happy to see the Chamber Of Commerce taking the position of opposition in placing such a facility in the Kitsap Lake area as he shared a similar view. It is his understanding that a representative from the Department Of Corrections requested some assistance from Council President Horton to locate interested local people, on both sides of the issue, so that they could enter into some discussions and find a site for such a facility. President Horton contacted Mr. Johnson and requested assistance in finding some individuals to serve on that committee. At that time, one of the purposes of that committee was to look at alternative sites. His personal position is that a Pre-Release Facility in Kitsap County would probably be the preferred kind, if placed in a proper location. He emphasized he would do everything in his power to make sure that such a facility would not be located in the Kitsap Lake area. Mr. Colvin emphasized the City Council as a whole has not taken a position on this issue and he believed it was time that Council made a declaration as to their position on such a facility. Earl Butt, 6410 Lake Drive, Chairman of the Pre-Release Advisory Committee, gave a run down on the make up of the advisory committee and how he was appointed to that committee. Doreen Geiger, Department of Corrections, brought the committee together in August, 1991. Three sites were presented, one near Bremerton Air Port, one at Gorst and one at the end of Werner Road. Nine individuals were appointed to this committee and as Mr. Reid mentioned, a member of the Bremerton City Council had attended every committee meeting except one. When the committee commenced discussions, all three proposed sites had been investigated and two of those sites (one near Bremerton Airport and the one by Gorst) were not suitable to the State's criteria, i.e., lack of utilities. Effort was then centered on the site at the end of Werner Road and;he was present at the time of the vote to initiate the E.I.S., which he supported in the affirmative. His understanding of an E.I.S. is that it is a study of a property in all facets, environmental, economic, utilities, etc. And, it was his understanding that it would be good for the community to get an E.I.S. for such a project A benefit of upgrading the City's sewage treatment plant was part of the discussion if the proposed site was selected for location of such a facility. In response to comments that a residential development was planned for the ~rea near the TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 4 of 11 subject site, he toured the State's facility in south Tacoma and found executive type homes were within 1/2 mile of the present Pre-Release Facility and homes were being build right next to the State Of Washington Hospital. He questioned comments made that if a housing development was built near the subject site that there would be sewage problems...who will pay for correcting such problems? At the committee's last meeting on December 10, he heard comments that another site or some other land was available for a facility. He questioned the location of such a site and why was it being presented now and not included at the time the other sites were discussed? He noted currently the State was having some difficulty with one of its sites in Pierce County and it was felt all three sites would come together in January to start the E.I.S. process, which would involve public input. The subject of a Pre-Release facility had been covered in local newspaper articles, by word-of-mouth, and informative programs presented to local organizations by Department of Correction representatives. He scheduled a meeting, for people within his community area, on January 6, 6:30 P.M., Kitsap Lake Fire Station, to hear a presentation by State Corrections representatives. Mr. Hornin~ called for a "point of order" and suggested that Council hold a Study Session on this issue after the first of the new year. Mr. Waibel stated he was not aware that the advisory committee was formalized to the point of having official meeting minutes nor was he knowledgeable of specific meetings scheduled. He also emphasized that one City Council member does not speak for every Council member. He stressed he is not in favor of placing such a facility in the Kitsap Lake area. He viewed the institution of an E.I.S. on a selected site without any other consideration as a steamroller tactic by the State. Lastly, he pointed out there are utilities already built and available at the Bremerton Air Port site. Jim Strait, 6530 Harlow Drive, President Kitsap Lake Neighborhood Association, expressed concerns of his neighborhood on this subject. After discussing this issue with many of the Kitsap Lake residents, he found only one person who favored such a proposal and that person is currently serving on the Pre-Release Facility advisory committee. There is a large senior citizen mobile home park to the north of the proposed site, a handicapped center and a large low income housing area to the east and it only takes one "bad apple" to wreck havoc with these areas. He supported the proposal of a large housing development southeast of the subject site. Animal Control Officer announced "Fritz", a part terrier mix dog, was still available for adoption through the Animal #1598 ! TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 5 of 11 Control Department. President Lynn Horton joined the meeting at 6:22 P.M. 6A - PROFESSIONAL SERVICES AGREEMENT - CITY OF BREMERTONAND WESTERNUTILITIES SUPPLY CO./ELECTRONIC METER READING SYSTEM, #AB91-315 The Utility, in order to provide for increased efficiency of its utility billing system and pursuant to the 1991 Statement Of Legislative Intent, evaluated several electronic meter reading systems. Attached for Council's consideration is a Professional Services Agreement between Western Utilities supply Company and the City of Bremerton for providing computer software, equipment and training necessary for the implementation of an electronic-based meter reading system. The estimated total cost of this project is estimated not to exceed $23,594.55. Bill Duffy, Utilities' Director, stated these devices will allow electronically downloading information from hand held meter reading devices. This should save time and efficiency and improve accuracy in meter reading. Public comment - none. Mr. Johnson questioned if the hand held meters hold information from previous billings for a particular household so that if an error is made, it can be easily corrected? Mr. Dully stated some parameters are built so that if incorrect information is fed into the meters it will "beep" and corrections can be made at the time of data entry. Mr. Waibel questioned if information contained in the "brochure" material, included in the Council Packet, was part of the actual contract? Mr. Duffy stated no, it was provided just as background information. Mr. Overson questioned if this was an evolution process with further steps coming in the future? Mr. Duffy stated yes, they have been updating their billing system for several years and recently they installed an electronic cashiering system where the utility bills are read by "bar codes". M/S/C/U(Overson/Colvin) to approve the Professional Services Agreement between the City of Bremerton and Western Utilities Supply Company and authorize the Mayor to execute said agreement subject to City Administrative Policies and Procedures. TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 6 of 11 7A - ORDINANCE (FIRST READING) REZONE OF "NEIGHBORHOOD BUSINESS" PROPERTY TO INCLUDE USES OF PREVIOUS "B-2" ZONE WITH CONCOMITANT AGREEMENTFOR PROPERTY AT 6525 KITSAP WAY - HEETER REZONE, #AB91-316 Following a public hearing on the "Heeter Rezone" on August 23, 1990, the Bremerton City Council agreed to restore many of the land uses that were previously allowed by the former "B-2" zoning, under the banner of "Neighborhood Business". The ordinance to implement that rezone failed to pass on first reading on November 20, 1991. However, Council directed that staff readdress the Concomitant Agreement to allow old uses under the B-2 that were not intrusive to the neighborhood. President Hotton announced due to an appearance of fairness or conflict of interest the following Council members would step down from hearing this issue: Spencer Horning, Russ Johnson, Morris Dawkins. Ron Hough, Planning Manager, stated since the last first reading, as directed by Council, staff met with members of the neighborhood and the applicant. Jim Strait, President of the Kitsap Lake Neighborhood Association distributed the list of usesand obtained input from the area residents. Since that time, the applicant and neighborhood came together and made some compromises on uses. In addition, there were some minor changes to the Concomitant Agreement to change some reference to the old "B-2" zoning setbacks and height requirements, which were deleted and now referred to as "Neighborhood Business" zone development requirements. The neighborhood has indicated that their number one recommendation is still the same as the Planning Commission's and that was to leave the property "Neighborhood Business", and their second choice, if Council chooses to adopt an ordinance that reflects a previous decision to change the zoning, would be to approve the list of uses they are recommending. Bill Broughton, Attorney representing the applicant, David Heeter, stated there were some problems with the proposed ordinance and Concomitant Rezone Agreement in that it initially did not meet the intent of some of the Council members in their previous vote. After that Council meeting, he discussed this issue with Jim Strait and Bill Amo, Kitsap Lake residents, and at that time they went through the agreement and made changes in the Concomitant Agreement, which are reflected in the proposed document. At that time, it was also agreed to eliminate an additional 10 or so uses that had been objected to at the previous meeting, which are shown by "," on Exhibit B. After further discussions, they are now proposing that the "diamond" marked items listed on that TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 7 of 11 exhibit also be deleted. This action for additional deletions came about as a result of Mr. Strait's circulating the list of uses among Kitsap Lake residents, who then came up with another 14 uses in addition to the ones identified at the previous hearing that were not wanted. The applicant has agreed to eliminate 12 of the 14 uses that the residents objected to. On the Concomitant Agreement, there was a "whereas" in another provision on the last page that stated "return most uses" and the neighborhood requested that it state "return some uses", which is acceptable to the applicant. Finally, the agreement was not clear on the first page that Neighborhood Business uses would be allowed and that was clarified by rewording the "NOW THEREFORE" as follows: "The future uses the property shall be limited to Neighborhood Business zone uses subject to Exhibit B". In summary, he believed this was a compromise protecting the property interest of Mr. Heeter that were lost in the down zone and does not rezone the property to a more intense use. He urged Council to approve the Ordinance and Concomitant Agreement on first reading. Jim Strait, 6530 Harlow Drive, noted he was present to give input from neighborhood residents regarding this proposal. He met with fourteen families and the result of those visits are as follows: (1) none of the families supported a rezone to a higher commercial classification, such as General Business; (2) None of the families support additional commercial use for the subject property. However, if the City Council provides additional commercial use, they would like the suggested changes as outlined by Mr. Broughton in his discussion, along with the deletion of the first twelve uses on Exhibit B and excluding the following uses: theater, drive-in restaurants, advertising signs and structures, repair garage and sheet metal shops. Mr. Strait noted that most of the residents who share major concern about this rezone were not available for input on the final documents being presented because of the short notice of the meeting during this holiday time. He requested Council to allow liberal public comment during second reading of any action taken at this time, making sure that any concerns of the neighborhood were correctly and fully expressed. William Carlson, 6604 Lake Drive, urged Council to approve the ordinance and agreement as presented. Earl Butt, 6410 Lake Drive, read into the record a letter from Bill Amo, 6625 Lake Drive, who was out-of-town at the time of this meeting. Mr. Amo's letter expressed concern over the hearing process, the ordinance as written and appearance of TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 8 of 11 fairness doctrine. It was his opinion that the applicant's attorney had confronted residents of the Kitsap Lake neighborhood and"wheedled out special compromises". He requested that those compromises be rejected by Council, if presented as part of the revised agreement. Hequestioned why there was no written statement dealing with Council's "findings and conclusions" for rejecting the Planning Commission's recommendation? He also questioned why Council chose to ignore the "rezone criteria" Chapter X, Section 5-B of the Bremerton Zoning Ordinance. He requested that the last "WHEREAS" in the ordinance be deleted due to its weakening the new Zoning Ordinance and the fact that no one from the public, at previous hearings, had spoken in support of this rezone. And, he was of the opinion that Councilman Horning had a conflict of interest considering his business dealings with Mr. Heeter and that they had "struck a good deal". Earl Butt, 6410 Lake Drive, stated he agreed with Mr. Amo's letter. He had heard the applicant's attorney appealed to the Superior Court to speed up the "Heeter Rezone". He questioned if that statement was true? If such "speeding up" causes the laws/rules/ordinances to be adhered to, he did not believe that was right. He stressed the need for everyone to have an attitude of fairness. President Horton requested the Acting City Attorney to comment on the Superior Court action on this issue. Leila Mills, Acting City Attorney, stated she was not the attorney actually involved in this issue, however, it was her understanding that this issue was brought before the Superior Court by the applicant, the Court did have jurisdiction and such action by the applicant was legal. Mr. Waibel stated for clarification in regard to the statement that the issue was taken to Court in order to speed up the approval process, he emphasized it was taken to Court to assure that the City Council followed the laws cited by Mr. Burt. He pointed out this process had been underway since August of 1990, which has not been a speedy affair. Ms. Mills stated the Superior Court ruling was that the City must follow this process through and abide by the City's own rules to its final conclusion. Mr. Broughton stated after the previous deliberation where the ordinance and Concomitant Agreement were not passed, the applicant and he did go back to persons that had problems with the documents and tried to fix them. Somehow Mr. Amo views that action as "wheedling out compromises" from individual neighbors. For the record, he resented Mr. Amo's inference of some sort of impropriety on the part of Mr. Horning and he felt it was totally uncalled for. It was his understanding TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 9 of ll that Mr. Horning was challenged by one of the Kitsap Lake residents on an appearance of conflict and the applicant was sorry to have Mr. Horning step down and felt it was unnecessary. President Hotton stated during Council deliberations she believed it was mentioned by more than just herself that there were some uses in the "B-2" zone that were objectionable to the neighbors and members of the Council. And, it was hoped that the applicant and neighbors could get together and come up with a listing or deletion from the list so that the remaining list of uses would be compatible with the neighborhood. She questioned if the Acting City Attorney found anything objectionable in going through that process? Ms. Mills stated no, that was an appropriate process. President Horton questioned if Council needed a statement explaining why Council rejected the Planning Commissions's recommendation and the Planning staff recommendation? Mr. Hough stated there could be a statement in the ordinance to that affect, however, previously there was a set of Findings and Conclusions written in support of Council's decision and accompanied the first reading of the previous ordinance about two months ago. President Hortonquestions if the Findings of Fact should be included in the current process? Mr. Hough stated those Findings could probably be attached to the ordinance as an Exhibit. Mr. Waibel pointed out the ordinance does reference them as an attachment. President Hotton stated when the issue of Mr. Horning's "appearance of fairness/conflict of interest was brought up, he voluntarily stepped down. Prior to that time, at each and every hearing, the appearance of fairness/conflict of interest question was asked, both of the public and Council, and at no time prior to Mr. Horning's stepping down did anyone say they viewed an appearance of fairness. Mr. Colvin questioned, in reference to Mr. Strait's comment regarding ample public notification if the City was in compliance with its meeting notification process? Ms. Mills stated the City had been timely in all notices of hearings and Council meetings. Mr. Waibel noted the only concern would be that this particular meeting was not on the usual meeting date due to its falling on a holiday. He pointed out the change in meeting date for this meeting had been announced at least two weeks in advance. President Hotton requested that any motion made to approve this ordinance on first reading, include holding this item over two weeks for the second reading. Mr. Walbel stated the real question was whether or not the ordinance and Concomitant Agreement actually reflected the TAPE #980 City Council Reg. Mtg. Minutes December 23, 1991 Page 10 of 11 intent of those who approved the original rezone request. In reviewing the allowed uses that have escaped the objection of the neighborhood, he believes it does reflect the compromise of uses that were a part of that motion and by reinserting all of the "Neighborhood Business" restrictions does reflect the intent of the original motion. Mr. Collins stated he was still having a great deal of trouble with this rezone in that what is being done is changing the City's Zoning Ordinance, Zoning Map, Comprehensive Plan and Comprehensive Map. Council is creating something that is new and did not exist previously. He believed it was wholly inappropriate and if something like this was desired, then it should be done through those four documents and not by this document, making a complete change to the City's land use procedure. Therefore, he could not support this proposal in any way. President Hotton cautioned Council that the issue at hand is not the rezone but whether this document followed the intent of Council that resulted from the rezone hearing. Ms. Mills stressed Council must conclude this process and approve, in ordinance form, what Council agreed to in 1990. Mr. Overson stated apparently Council was not out-of-order if two wrongs make a right. However, he recognized the spirit of the guidance that Council needs to review whether or not these documents meets the intent of that previous decision. He felt that intent would be met by including "Advertising signs and structures" with a "diamond" notation. Mr. Waibel requested Mr. Hough to describe the restrictions that would be placed on advertising and sign structures in the Neighborhood Business zone. Mr. Hough stated he did not think Mr. Overson's requested change would hurt the applicant's property. Such a use, advertising signs and structures in the "B-2" zone pertained to billboards as a type of free standing advertising, not related to the business on the property. The Neighborhood Business zone does allow signs related to the business and the applicant would still be allowed signs related to the property in accordance with the current zoning. However, he would not be allowed to have large billboard structures. #3171 M/S/C(Waibel/Colvin) to approve ordinance, on first reading, rezoning the Neighborhood Business property for the uses of the previous "B-2" zone with the Concomitant Agreement for the Heeter property located at 6525 Kitsap Way as described in Exhibit B; and that the use "advertising signs and structures" not be deleted because it is regulated through Neighborhood Business restrictions. And, second reading of the ordinance will take place January 8th. TAPE #981 #0097 TAPE #98~ City Council Reg. Mtg. Minutes December 23, 1991 Page 11 of 11 Vote on motion: In Favor: Overson, Waibel, Horton, Colvin Opposed: Collins, Councilmen Horning, Dawkins and Johnson returned to the meeting. 7B - ORDINANCE (FIRST READING) ]&MENDING THE LANDUSE TABLES OF THE ZONING ORDINANCE TO ADD EIGHT USES TO THE "PROFESSIONAL OFFICE (PO) ZONE, #AB91-317 Planning Division staff recently reviewed the land uses that are allowed in the Professional Office (PO) zoning district and recommended the addition of several other compatible uses. The Planning Commission conducted a public hearing to consider the proposals on October 15, 1991, and forwarded its recommendation to the City Council. The City Council held a public hearing on the proposed amendments on November 20, 1991, and voted to approve the addition of eight uses to the "PO" zone. The attached ordinance, if passed, will complete this Zoning Ordinance Amendment. Ron Hough, Planning Manager, stated this is a follow up, which completes the changes Council approved on November 20. Public comment - none. M/S/C/U (Waibel/Horning) to approve Ordinance, on first reading, amending the Land Use Table of Chapter V of the Bremerton Zoning Ordinance to add specific uses to the "Professional Office (PO)" zoning district. With no further business meeting adjourned at 7:21 p.m. KK LEEN L City Clerk HY ~ ~ RTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault