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TAPE ~668 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
AUGUST 30, 1989
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, August 30, 1989 at 5:30 p.m.,
with Council President Spencer Horning. Council members present
were Lon Overson, Shirley Marry Crutcher, Lynn Horton, Hank Waibel,
Morrie Dawkins. C. R. "Tiny" Collins, A1 Colvin and Russ Johnson.
Also present were City Attorney lan Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Horning and Invocation was given by Reverend Talmadge
Wilson of Charleston Baptist Church.
CONSENT AGENDA
A. Minutes Of Meeting - August 9, 1989, ~AB89-239
B. Minutes Of Meeting - August 16, 1989, ~AB89-240
C. Change Order No. 1, Schedule A Contract %3087 (Olympic
Western Company) Central Bremerton Wastewater
Improvements Project (C17), ~AB89-241
030 M/S/C/U(Waibel/Crutcher) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTEK$
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 which
has been made available to the council.
041 M/S/C/U(Colvin/Dawkins) on August 30 1989r the Council does approve
for payment those vouchers included and further described as
follows: 45320, 45321, 45322, 45328 through 45448 in the total
amount of $309,243.48.
COUNCIL MEMBER REPORTS
Mr. Colvin reported he enlisted the assistance of 20 people from
District #1 to take a survey regarding the sale of Roosevelt Field
and noted the survey results are: 292 people participating in the
survey; 40 yes vote ; 217 no vote ; 4 don't care ; 15 let the
Council decide; 109 let the voters decide. He noted the survey was
not an "official survey" Put ne has the utmost confidence in the
people who took the survey and thanked each and everyone who
participated.
Mr. Waibel reported he attended the Puget Sound Council Of
Governments Retreat on August 24/25; and the reason for the retreat
was to determine whether or not PSCOG as it is currently
constituted would continue to exist or would be modified. As a
result of that meeting, the basic conclusion was that it would be
modified. Part of the modifications talked about were to leave
Kitsap County out of the region or limit representation for the
County to one vote. With the concerted effort of a number of
people from Kitsap County including John Horsley, Carolyn Powers,
Gene Lobe and himself they were able to maintain proportional
representation with two representatives - one from the cities and
one from the County. So, the new reorganized organization will be
transitioning into a transportation- only type of governing agency.
Mr. Waibel noted that the Seattle PI and Seattle Times had large
news articles on the meeting, however, The Sun didn't even mention
it. The transition period for the new organization will probably
take place over the next two years because one of the things they
are trying to establish is legislative authority for that regional
organization rather than continue to be a volunteer organization.
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Mrs. Horton stated there is a petition being circulated to call for
a Special Legislative Session to deal with the ferry funding issue
and over the weekend over 4,000 signatures were gathered.
Additionally, she would like to see a bus load of citizens take a
ride to Olympia and deliver the signed petitions in person. If
anyone is interested in participating in such an eventr please
contact
the City Council Office (478-5290) or Councilman Horton (373-
6322).
Mr. Crutcher noted Seattle has been recognized as the %1 city in
the United States to live in and he believes Bremerton is moving
up fast and is attracting new people moving up from California.
Mr. Overson pointed out there is development going on in the
City...streets are torn up, ferry terminal area is under
construction, which means that there will be some good results.
He noted that a building has been razed on 6th near Highland and
hopes to see future development in that area.
Mr. Homing emphasized the importance of getting permanent funding
for the passenger only ferries to Bremerton - they are vital to the
community and he encouraged anyone interested to join the "bus
trip" to Olympia, which will probably happen some time during the
week of September 11. Me congratulated Lon and Ellie Overson on
their becoming first time Grandparents and noted several other
Council members also had grandchildren born this year - Councilmen
Waibel, Collins and himself. Councilman Crutcher noted he was
anticipating the birth of his 8th grandchild in about a month and
Councilman Colvin announced he has a 5 month old grandson.
President Homing announced Item 6A had been pulled off the Agenda
and would be heard in two weeks.
PUBLIC RECOGNITION
Mike Lander, Manager of Kitsap/North Mason County Chapter Of
American Red Cross, presented Certificates Of appreciation to
volunteers who participated, on July 17th, in a telecast on
Channel 29 on Earthquakes In Kitsap County: (following individuals
were not present to receive the award - Leonard Marks, Bremerton
Fire Chief; Linda Nosan, Geologist; Don Balentine, consulting
Engineer, Seattle; Dick Mumma, Building Official, City of
Bremerton; Marvin Parks, former member Kitsap County Sheriff's
Department: Assistant Dean Shenks, Fire District %15; Brenda
Hostetter, CenCom); those present were - Kay Baer, volunteer for
TCI; Lorraine Inabinett, volunteer TCI; Bremerton City Council.
President Hornina accepted the Certificate for the City Council and
noted the leadership of the American Red Cross in keeping the
public informed on safety issues. Councilman Johnson noted for
added recognition Kay and Lorraine and all of the volunteers who
provide the technical assistants so that programs such as this can
be brought to the citizens.
Mr. Johnson presented Todd Corelli, Council Intern, with a
Certificate of Appreciation commending him for his outstanding
performance as a Legislative Intern during the period April through
August 1989. During this short period of time Mr. Corelli
contributed many valuable services to the City Council which
included submission of two major grant applications to the
Washington State Department of Ecology, conducting extensive
constituent surveys, gathering information and coordinating solid
waste activities and assisting in the day-to-day activity in the
Council Office. Todd Corelli stated he appreciated the opportunity
to work for the Council and experienced a greater understanding of
the what takes place in City government.
Don Atkinson announced on September 5 the three Mayoral candidates
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will face a panel of questioners in the City Council Chambers in
one of the liveliest and most informative appearances that they
will make in the present campaign. The program will start at 7:30
p.m., and telecast on Channel 29. Also, on September 9 it will be
Bremerton/Kitsap County night at the Kingdome - Mariners Game.
The reduced priced tickets will be on sale for a limited time at
the Mayor's office, Bremerton Parks & Recreation office and
Information Desk at Kitsap Mall. The advanced ticket sales will
end on Tuesday, September 5. If the Bremerton/Kitsap County night
is successful it will enhance a local $75,000 grant application
from the Mariners and Boeing Company to develop a youth baseball
field in Bremerton. It is hoped there will be a large crowd at
this event and for this promotion tickets will be $1.00 off. The
event is co-sponsored by the Bremerton Athletic Roundtabie, The Sun
and youth baseball community.
6B - ORDINANCE (FIRST READING) AMENDMENT TO BMC 17.60 FLOOD PLAIN
PROGRAM, #AB89-243
The purpose of this amendment is to revise the Bremerton Municipal
Code to comply with a directive from the Federal Emergency
Management Agency and retain eligibility for the National Flood
Insurance Program.
Kathleen McCluske¥, City Clerk, stated all affected City
Departments have reviewed and signed off on this item and the
Federal Emergency Management Agency basically dictates what needs
to be included in the ordinance.
658 M/S/C/U(Waibel/Dawkins) to approve Ordinance, on first reading,
amending Sections .250, .310~ and .330 of Chapter 17.60 of the
Bremerton Municipal Code.
6C - ORDINANCE ~4232 (SECOND READING) REPEALING CATERPILLAR
ORDINANCE ~4150, ~AB89-236
712 M/S/C/U(Colvin/Horton) to pass Ordinance %4232, on second reading,
repealing Ordinance #4149 which set out specific actions to be
taken by the City to address the infestation of tent caterpillars.
7A - PUBLIC HEARING - TO ACCEPT PUBLIC COMMENTS AND CONSIDER A
ZONINGREVIEW COMMITTEE RECOMMENDATION PERTAINING TO THE ZONING OF
PROPEKTY AT THE NW CORNER OF BURWELL AND CHESTER (GOULD/CHAPIN
ZONING MAP REVIEW) ~AB89-244
The property subject to this Zoning Review is located at the NW
corner o~ Burweli and Chester and includes a vacant building that
was formerly used for a business and upstairs apartments. The
owner/applicant suspected that an error may have occurred when this
property was included in the "Central Bremerton Residential (CBR)
zoning district rather than a more intensive commercial zone, and
a Zoning Review was requested.
On June 19, 1989, the Zoning Review Committee conducted a review
of the zoning of the subject property and concluded that a zoning
error did not occur. The Committee has forwarded a recommendation
of "NO CHANGE" to the City Council. This hearing is to consider
that recommendation and to accept public comments.
President Horninq asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Ron Hough, Planning Manager, provided view graphs showing the
location of the subject property - on the fringe of the downtown
area and near Puget Sound Naval Shipyard (northwest corner of
Burweli and Chester). The property is slightly less than 60 x 60
feet, or just under 3,600 sq. ft. The minimum lot size in the CBR
zone in which this property is located is 3,000 sq. ft. Thus, the
lot conforms to the zoning.
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The existing structure is old and deteriorated and has been boarded
up and vacant for some time. It was formerly a commercial business
with upstairs apartments. Since the building occupies nearly all
of the property, there is no on-site parking for tenants, employees
or customers. By current standards, the property would be
considered "over-built" The current total assessed value of the
property is $73f600.
The neighborhood to the west of Chester is primarily low-density
residential with some multi-family structures mixed in. The older
neighborhood east of Chester consists mostly of multi-family
structures interspersed with commercial parking lots. The area is
in a transition to commercial and the Comprehensive Plan for the
area between Warren and Chester was recently changed to Commercial.
The subject property is on the corner of Burwellf which provides
excellent exposure to the arterial traffic for a commercial
business, but is not necessarily advantageous for residential
purposes.
The subject property is within the Comprehensive Plan designation
"Residential, 7-15 DU/AC". This is a moderate density designation
that favors multiple-family structures.
The property is also within an "overlay" area known as the "Single-
family Conservation area -- Central Bremerton". This designation
was intended to preserve the low density neighborhood and the
Comprehensive Plan includes the following policies for this
district:
1. Retain the existing small single-family residences on the
existing small lots.
2. Protect this area from further intrusion of incompatible
activity, land uses, traffic and structures which have a
significant negative impact upon this unique residential area.
3. Encourage the preservation and development of the unique
characteristics of this residential neighborhood.
4. Encourage the protection and preservation of the
architecture/historic and unique structures in this neighborhood.,
Previous zoning of this property was lost when the new Zoning
Ordinance was adopted. The property has been included in the old
"C" (Commercial) zone, which included all four corners of the
Chester/Burwell intersection.
The new Zoning Map established Chester as the western limit of the
downtown business district with Business Core (BC) zoning north of
Burweli and General Business (GB) south of Burwell. Everything
west of Chester became CBR (Central Bremerton Residential).
The CBR zone allows single-family, duplex and triplex residential
dwellings and also allows a variety of business uses that are
compatible with the residential neighborhood.
The property does not have off street parking, is a very small lot
and is pretty much totally developed. It is a two story building
with potential commercial on the lower floor and apartments
upstairs. If a commercial use moved into the building chances are
a variance would have to be requested and if it were changed to a
higher intensity commercial zone that types of zone would allow
more type of uses with greater parking demands. Therefore, they
could be in an even greater variance if that happened.
The recommendation o~ the Zoning Review Committee from its meeting
on June 19, 1989, was that no error occurred in their opinion and
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August 30, 1989
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the recommendation forwarded to the City Council was to make no
change in the Zoning Map. They felt the CBR Zone is correct in
this situation.
Judith Eaglestone~ Trustee of Seattle First National Bank, (1/2
owners of the subject property), stated the property had been sold
at one time but the Bank had to take the property back through
litigation. When it was received back, it was in poor condition
and the Bank has been working with the family who owns the other
half of the property to either sell it or to improve the property
so it could be a more usable property. By having the zoning cut
through the middle of the property, 1/2 zoned Commercial and 1/2
zoned Residential, it makes it near impossible to sell as a single
entity~ which they had hoped to do. At one time it was a grocery
store and there is a small home behind the building which could be
removed and used for parking. It is also her understanding that
the property across the street from the subject building could be
used for parking.
She did not understand what difference would make a deli more
acceptable use than a grocery store. Also, there was some question
as to whether or not the neighborhood could support two grocery
stores located near each other. She noted that for many years both
grocery stores were run successfully. Therefore, she requested
that the Council to consider a zone which would allow for the use
as a grocery store and retain their previous commercial zoning.
She believes the property has lost value with the lower zoning
designation.
Deloris Gould-Lund, one of the owners, stated her father owned the
grocery store since 1945, she was raised there and her children
worked in the store also. Her oldest boy became an Assistant
manager at Thriftway because of his experience in his grandfathers
grocery store. She stated it has been a long range plan of her
sons to take over the store but eight years ago their plans were
sidelined due to a sport accident/brain injury to her youngest son.
She ieels that the neighborhood would benefit from a grocery store
located on the property.
Mr. Coivin questioned what Mrs. Eaglestone meant when she referred
to the property being "cut through the middle"? Mrs. Eagelstone
stated the there are two properties involved - located across the
street from one another, and each has a different zoning
designation. Mr. Colvin stated in his opinion the property has
been devalued and he felt consideration should be given to the
owners and the bank to restore this property to the value it held
previously.
Mr. Johnson noted the allowable uses under a CBR zone identifies
many of the items and services found in a neighborhood grocery
store. President Horninq questioned if the combinations of
possibilities under the CBR zone equate to a small grocery store?
Mr. Hough stated he believed the owners could do a combination of
uses..have a small grocery store/deli combination and call it a
deli. Mrs. Eaglestone stated when the store was run as a grocery
store it was a successful business and when it was sold and the new
owners took it over part of it was put into a deli and it was not
successful. Therefore~ the family is concerned about being able
to have a small general store.
Mr. Overson stated as a member of the Error Review Committee the
line of reasoning was it is difficult to make a substantial
difference between the owners intent and what is allowed by the
CBR zoning. However, the CBR zoning is definitely intended to
positively impact a residential district and that is why there is
a tendency to stay away from commercial encroachment on the area.
The purpose was to keep the CBR in this area and to make the line
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clean cut.
Mr. Crutcher questioned if the owners could continue to have a
grocery store on this property? Mr. Hough stated the grocery store
use is a non-conforming use under the current Zone and it has been
out-of-business for more than a year and the non-conforming status
has been lost. It was not looked at as a grocery store - it was
looked at as a vacant structure. Mr. Crutcher stated he believes
if the previous use was taken away that makes it a down zone. He
emphasized the fact that he is against down zoning people's
property - it takes ones livelihood and takes away one's right to
live.
Mr. Crutcher invited Deloris Gould-Lund to speak. Ms. Gould-Lund
stated when her father passed away many people told them how much
they appreciated her father and his store and the family would
really like to see a business such as this back in the building.
Mrs. Horton questioned if the CBR zone is retained is there enough
flexibility to work with the applicant to come up with an
acceptable use from those uses that are allowed under the CBR zone
designation? Mr. Hough stated yes, staff works with applicants
helping them to do what they wish to do and if there is no way to
accomplish it under the current zoning then maybe a rezone might
be the answer.
Mr. Overson stated he recognized the interest of the Council to
follow the proponents interest, however, he was not aware of anyone
who is ready, tomorrow, to turn the facility into a deli-grocery.
However, substantively the zoning provides for what the store
always was. To change it to a commercial zoning is bringing
something in which is not desired in this area. He does not
believe that a down zoning has taken place.
Mr. Waibel stressed the importance of following the Comprehensive
Plan and Zoning Ordinance. Basically, it is understood that the
best use and highest use of certain lands are what fit in that
area. Therefore, on that basis it is not a down zone of the
property.
Mr. Colvin stated the proponents would like to open a grocery store
that would fit into that neighborhood and he would like the
decision of the Council to be such that they would be allowed to
open a grocery store on that corner. There are enough empty
buildings downtown - lets not add to it.
Mr. Collins stated the CBR designation is used when there is a
mixing of residential and commercial.
Mr. Crutcher questioned if it is possible to put in a grocery store
in a CBR zone? Mr. Hough stated a deli is an acceptable use. Mr.
Collins requested the definition of a "grocery store~'. Mr. Houqh
stated there is not a definition that separates a deli from a
Grocery store. Typically, a deli is a small grocery store that
specializes in sandwiches, etc., being a local convenient type
store.
Mr. Dawkins stated he believes the CBR zone has plenty of latitude
for selecting a type of business use for this property.
President Homing emphasized that what is being asked is to
determine whether or not an error in zoning occurred and he did not
believe an error had been made.
373 M/S/C(Collins/Colvin) to uphold the recommendation of the Zoning
Review Committee that there has been no error made in the rezone.
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City Council Reg. Mtg. Minutes
August 30, 1989
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Vote: In Favor: Overson, Horton, Waibel, Homing, Collins,
Dawkins, Johnson
Opposed: Colvin, Crutcher
7B - PUBLIC HEARING - TO ACCEPT PUBLIC COMMENTS AND CONSIDER A
ZONING REVIEW COMMITTEE RECOMMENDATION PERTAINING TO THE ZONING OF
PROPERTY AT THE CORNER OF 15TH STREET AND CA, hOW AVENUE (POWELL
ZONING REVIEW), ~AB89-245
Robin Powell, owner of the subject property at the SW corner of
15th and Callow, requested a zoning review in accordance with the
"Correction of Errors" process. The Zoning Review Committee
conducted its review of the property on May 30, 1989, concluded
that an error in zoning did not occur, and has made a
recommendation of NO CHANGE to the City Council.
This public hearing is for the purpose of accepting public comments
from the applicant, surrounding residents and property owners, and
to consider the recommendation of the Zoning Review Committee.
President Homing_asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Ron Hough, Planning Manager, provided view graphs showing the
location of the subject property consisting of a gas station and
is within the Neighborhood Business (NB) zoning district that
consists of ten lots and is completely surrounded by residential
neighborhood and Sf-3 zoning. Single-family homes dominate the
surrounding properties with a duplex immediately south of the gas
station and a small mobile home park on the north side of 15th
Street. The neighborhood and most business structures appear to
be 40-50 years old and in various states of repair.
The subject property has been used for a gas station for at least
20 years. The lot is 12,964 square feet in area. The property
abuts a duplex to the south and single-family homes and a parking
lot to the west. There are also homes across Callow to the east.
The Comprehensive Plan Map shows the Neighborhood Commercial
designation is applied generally north of 15th and east of Wycoff.
All areas south of 15th are shown as medium density residential.
Comprehensive Plan designations are intended to be general and not
site specific. However, it is clear that this particular
commercial area was intended to be a "neighborhood" commercial
district and is surrounded by residential areas.
The previous Zoning Map showed the subject property and must of
this district originally zoned "C", which was an old general
commercial zone. Two small areas were also zoned B-1.
This entire commercial area was zoned Neighborhood Business (NB)
when the new Zoning Map was adopted, including the applicant's gas
station. New gas stations are not permitted to locate in NB zones.
However, the existing station is considered a nonconforming use,
was legally established, and can continue to operate indefinitely.
However, it will not be allowed to expand.
The applicant stated a desire to add a convenience store to the gas
station on the present site. Convenience markets are allowed
outright in the NB zone, or by Special Use Permit if gas sales are
involved. Convenience markets with gas sales are allowed outright
only in the General Business (GB) and General Industry (IC) zones.
The industrial zone would be least appropriate in this
neighborhood. The GB zone would require Site Plan approval for the
new development, as well as requirements for off-street parking,
signing and landscaping. And, the GB zone permits a much wider
variety of commercial uses, including uses that may be less
compatible with the surrounding neighborhood.
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City Council Reg. Mtg. Minutes
August 30, 1989
Page 8 of 8
At its meeting of May 30, 1989, the Zoning Review Committee
concluded that an error was NOT made in the zoning of the subject
property and the NB zone includes opportunities to use the property
as intended by the owner. Therefore, the Zoning Review Committee
recommends that the zoning of the subject property remain as
currently shown on the adopted Zoning Map.
Proponent not available for comment.
Public Comment was invited with none being made.
Mr. Waibel noted if there were a change it should probably go back
to Single-family 3 instead of GB and he believed it was properly
zoned.
305 M/S/C/U(Colvin/Johnson) to confirm the Committee's recommendation
that an error did not occur and to deny the applicant's request for
a change (correction) to the zoning of the subject property.
With no further business meeting adjourned at 6:45 p.m.
KA~LW. ENL. MCCLUSKEY, CITY CLERK
APPRO~
~%~.R ~b~G, (ogncii President
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