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HomeMy WebLinkAbout08/30/89 SEP20 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. TAPE #668 City Council Reg. Mtg. Minutes August 30, 1989 Page 2 of 8 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 TAPE #668 City Council Reg. Mtg. Minutes August 30, 1989 Page 3 of 8 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. TAPE #668 City Council Reg. Mtg. Minutes August 30, 1989 Page 4 of 8 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 TAPE #668 City Council Reg. Mtg. Minutes August 30, 1989 Page 5 of 8 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 TAPE %668 City Council Reg. Mtg. Minutes August 30, 1989 Page 6 of 8 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. TAPE %668 City Council Reg. Mtg. Minutes August 30, 1989 Page 7 of 8 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. TAPE #668 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 ~_L_M_ / S~{/me L/ cc: Normal Distribution File/Vault