HomeMy WebLinkAbout11/08/89TAPES #691, #692
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
NOVEMBER 8, 1989
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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, November 8, 1989 at 5:30 p.m.
with Council President Spencer Horning presiding. Council members
present were Lon Overson, Shirley Marty Crutcher, Lynn Horton, Hank
Waibel, C. R. "Tiny" Collins, Morrie Dawkins, and Russ Johnson.
Council member A1 Colvin was absent. Also present were City
Attorney Ian Sievers and Deputy City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Horning and the Invocation was given by Deputy Clerk
Johnson.
CONSENT AGENDA
A. Minutes of Meeting Held - October 25, 1989, #AB89-314
M/S/C/U (Waibel/Crutcher)
presented.
to approve the Consent Agenda as
CLAIM/CHECKS 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 which
has been made available to the Council.
M/S/C/U (Crutcher/Overson) on November 8, 1989 the Council does
approve for payment those vouchers included and further described
as follows: check numbers 101169 - 101285 inclusive in amount of
$181,165.17 and payroll in amount of $361,382.60.
COUNCIL MEMBERS REPORTS
Mr. Johnson, reminded everyone this weekend if the Veteran's Day
Holiday and stated there are a number of ceremonies in the area.
At 1:00 p.m. on Saturday at Ivy Green Cemetery is one ceremony.
Mr. Dawkins, stated he will be attending the Veteran's Day
celebration at Retsil on Saturday morning and discussed the various
celebration activities.
Mr. Waibel, briefly discussed recent newspaper articles and stated
regarding the Admiral Theater, most people don't realize the agenda
bill for that time directed the Council not to take action but to
make comments and it would come back to Council at a later date.
Mr. Waibel stated he does have a crowbar and shovel and will help
with the demolition and landscaping on the waterfront.
Ms. Horton, stated she received a memo from Connie Devaney that
Bremerton has received a grant for $75,000 from the Aquatic Lands
Enhancement Account to assist in building of the boardwalk from 1st
to 2nd streets. She felt it is a positive for the community and
dollars the community can use wisely and everyone is looking
forward to this.
Mr. Crutcher thanked everyone for their hard work on the election
and appreciated their efforts. He stated there is a great deal of
talk about the Admiral Theater and wants people to know he strongly
supports this issue. Regarding the waterfront parking issue, Mr.
Crutcher stated he went to Port Orchard to observe their waterfront
parking and he felt that area proves that waterfront and parking
go to together.
Mr. Overson, stated this Thursday, promptly at 5:00 p.m. Council
starts budget sessions and they have a very short time frame to
deal with the budget. He asked all Council members to become
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familiar with the budget. Mr. Overson stated there is much detail,
staff has done an excellent job and he asked Council to recognize
it is a very austere budget and to think how this one will be
worked through.
Mr. Horning, congratulated the winners in Tuesday's election and
challenged everyone to pull together for the good of Bremerton,
and committed his full and complete cooperation to that effort.
Mr. Horning congratulated Mr. Mentor personally and feels Bremerton
has spoken and will now go forward in a new direction.
PUBLIC RECOGNITION
Cecil McConnell, 3245 Almire Dr., addressed a recent editorial in
"The Sun", and felt some words were taken out of context made a
decisive article which has upset many people. He stated people
feel the attack was unfair and unwarranted. He stated the
appellant wanted more restrictions on the permit but the paper made
it seem as though he wanted the permit denied. Mr. McConnell felt
the editor owes City Council an apology.
Lena Swanson, 2123 Snyder Ave., also addressed the editorial and
felt it was uncalled for. Ms. Swanson stated if Council acted on
what she heard they acted in good faith. She stated after last
week's meeting, she talked with Mr. smith and he explained that the
foundation was in the process of being formed, and felt if that had
been presented at the meeting she would have been in favor of
purchasing the Admiral Theater. As far as the parking issue, Ms.
Swanson was distressed by the reaction of the press and felt those
buildings should be torn down but supports what Council did last
week. Ms. Swanson stated the Bremerton Theater is built on City
property and that foundation came to Council already formed before
the City purchased the property. She suggested "The Sun's" editor
study the history of Bremerton. She stated her concerns are
shrinking revenues and police and fire protection. She contends
downtown cannot save Bremerton, the waterfront cannot generate
enough revenues to save the City. Ms. Swanson stated if property
values drop and decrease below a certain level the taxes will
automatically increase. She's concerned that at sometime the City
will have to generate bonds to support police and fire because of
the shrinking revenues. Ms. Swanson stated it is one thing to have
a beautiful theater and a nice touring facility, but tiny shops
will not be enough to save Bremerton.
Marshall Miller, representing the Bremerton Area Chamber of
Commerce concerning the downtown waterfront, stated the Chamber
recommends City Council reconsider their decision to reject the
Shoreline Substantial Development/Conditional Use Permit, #SL4-89.
He stated the permit is to demolish the old lumber yard building
and receive a temporary 5 year parking permit. The Bremer Trust
also agrees to do whatever is necessary for beautification and
enhancement of the area. The Chamber believes this permit is vital
with the waterfront redevelopment project, and in fact, without
this action the development of the City's most beautiful asset is
impaled. The Trust has made land available for a boardwalk and
has agreed to landscape and beautify the waterfront area in
coordination with the parking design. The Trust has provided
access to 2nd Street and has agreed to being a partner in the
important elements of the waterfront area, which is going to be the
gateway to the City. The Chamber urges City Council to reconsider
and approve the permit request. This positive action will allow
continuation of the revitalization of downtown Bremerton and the
waterfront area.
Robert Schneidler, 921 Pershing Ave., stated he has a business in
the City and just signed a new lease and plans to be in the City
and anticipates paying B&O taxes for a long time. As Chairman of
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the Bremerton Planning Commission, Mr. Schneidler stated they
approved the Shoreline Substantial Development/Conditional Permit
under the normal process, and without an appeal that special use
permit would have gone into effect. He stated apparently it was
remanded back to the Planning Commission, but there has been no
additional information revealed since that remand. The Commission
voted 7 - 0 in favor and approved it with the conditions that were
established, and he stated it is not clear why the remand is taking
place, what additional information exists that would case them to
come to different conclusions than they already reached.
Gerry Reed, Real Estate Broker in Bremerton, thanked Council for
the time they spend on City business. He stated in the past he
spent many years on a board and knows at times decisions are tough
to make and those decisions are made given the best information
members have. He stated at times he found they did make mistakes
and after reflection felt they should have acted in a different
manner. Mr. Reed stated his input to Board members at those times
was "lets go back and reconsider". He felt Council working with
the community and waterfront may find from time to time they may
not have made the best decision and asked Council if that happens
to go back and reconsider.
Ray White, representing Economic Development Council of Kitsap
County, stated his agreement with Mr. Reed and felt since he was
not at the last meeting and having heard different version of the
editorial, it is difficult to know what was said, but felt if
Council did not embrace purchasing the Admiral Theater and if
Council did not intend to approve the demolition of the old lumber
building, Council did themselves and the community a disservice.
Mr. White stated being concerned with the economic outcome of the
downtown area, it is difficult, if not impossible for Flagship, EDC
or Main Street to overcome damage that a group such as Council
might present. He stated if there are questions of the business
community, affecting what might be good for the downtown area, he
asked Council to approach the business people for answers.
Andrew Parypa, 1122 Hayward Ave., stated he felt public recognition
is not being properly used. Mr. Horning stated this is the
opportunity for the public to comment on anything not on the
agenda. Mr. Parypa also stated he felt that signatures and
addresses should be on the board or announced, that question was
not asked. He addressed the editorial and felt it was a slam to
Council. As far as the Admiral Theater, he felt Council made a
good decision. As far as the waterfront parking issue, he stated
his concern is that once there is a 5 year permit on one, it will
continue on and on. Mr. Parypa stated as parking rates go up that
land will be prohibitive for a developer to buy, 5 years from now
it could cost $5 a day to park; that property could cost $1,880,000
and that is his concern with a long 5 year term. He concluded
Council made a right decision to remand back.
Ms. Horton, stated in light of last week's decision by Council and
in light of some comments by Mr. Pratt, she asked Mr. Pratt to come
forward and elaborate on some points that were not brought to light
last week.
Mr. Pratt, Director of Community Development, stated he discussed
several things with Ms. Horton relevant to Council's decision:
1) Within land use law, it is important that economics not be
used as a criteria or as findings on which to base a decision.
2) In the matter of how you deal procedurally and reasonably with
property owners, if talking about not permitting certain uses that
are permitted under an eliminate of the zoning code or Shoreline
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Master Plan and in fact limit the kinds of uses even more than what
the zoning code permits, typically we would be obligated to move
into the Urban Renewal Plan, which then says if you won't do what
we would like you to do even though you can do other things, we are
obligated to take the property and we can take that property
legally.
Mr. Pratt emphasized that the permit as submitted by Bremer Trust
was the result of extended negotiations. He stated he asked for
many things, some of which he didn't get and he got other things
he didn't ask for, some are in the body of the permit and some
committed by letters.
Ms. Horton stated based on that information she felt there were
discussions last week that probably were not pertinent to making
a decision.
M/S/C (Horton/Crutcher) to rescind last week's previous decision
to remand back to the Planning Commission.
Ms. Horton felt that from Mr. Schneidler's remarks there is nothing
new to add and secondly, to pave the way to make a motion to set
a new public hearing to take additional testimony.
Mr. Overson stated he has a question regarding procedures, this
seems to be something new. Ms. Horton has checked with the City
Attorney and according to Robert's Rules of Order, which Council
has adopted, this is procedurally correct.
Mr. Collins requested clarification; how is this being revisited?
Mr. Sievers stated the proper motion, when the time for
reconsideration can be brought is the only motion that can be
brought, but that time has passed and it's only available during
the same session or a meeting on the following day. Mr. Collins
asked if there could be no additional votes taken between the time
that decision is made and when it is reconsidered, it has to be
immediately following, is that correct? Mr. Sievers responded yes,
however, once that time has expired the motion is no longer to
reconsider but to rescind which is the motion on the floor.
Mr. Collins asked if it is necessary that a person making the
motion be in the affirmative? Mr. Sievers stated no, that
requirement is only for motions to reconsider, any Council member
can make a motion to rescind or renew.
Mr. Johnson asked if Council does this, when will it return to
Council? Mr. Horning responded first Council must rescind, then
they need to set a new hearing date. Mr. Johnson inquired what
will Council do when it gets back to them? Mr. Horning stated it
will be a new hearing, without the economics issue. Mr. Johnson
asked why is zoning done if it isn't economics, why do economic
development if it isn't economics? Mr. Sievers stated economic
vitality of the community is one of the driving motivators behind
all zoning that provide that vitality in a non-conflict situation,
but case law is concerned with an impropriety in Council acting for
the corporation's own saving of those dollars; example: down
zoning in the City is going in with a project to fulfill a
municipal purpose in the Urban Renewal Zone, we would have
municipal obligation in that we've declared that blight and want
to straighten that out and that is a recognized municipal purpose
for which we can exercise condemnation if we choose. He stated if
Council was holding up a project or taking zoning action to save
City dollars, that would not be a legitimate purpose.
Mr. Johnson stated Council said it is the policy of Urban Renewal
and downtown redevelopment there will be no large parking lots on
that property. If going into Urban Renewal and trying to implement
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it you've got to talk economics. He stated the discussion has to
come out in the open and he wants it discussed that way.
Ms. Horton stated there was discussion regarding; if we allow the
parking lot to expand and sometime in the future the City has to
take steps in the Urban Renewal Plan to condemn that property it
will be too expensive for the City to do that; and felt that wasn't
appropriate discussion and they were guilty of the appearance of
fairness.
Question:
Affirmative - Overson, Crutcher, Horton, Horning,
Dawkins, Johnson
Opposed - Waibel, Collins
M/S/C (Horton/Crutcher) to set a new public hearing date of
November 29 1989 to take additional testimony on the appeal
presented by Mr. Paul Schmidt.
Mr. Waibel asked if the Planning Commission makes a decision at
their next meeting that is acceptable to the appellant would this
still come back to Council? Mr. Sievers responded no, if there is
no additional appeal. Mr. Waibel asked how items get from Council
to the Planning Commission? Mr. Pratt stated the next regular
meeting, November 21st, unless a special meeting is requested. Mr.
Waibel asked when are they notified something will be on the
agenda? Mr. Pratt stated they need two weeks to effect the 10 day
notice. Mr. Waibel asked if it has not been delivered to them
until notice is delivered? Mr. Pratt stated they are aware of
Council's action of last week and there's time to put this on the
agenda. Mr. Waibel stated the City Attorney said once it is
delivered to them Council cannot entertain a motion to rescind, and
asked if it has not been delivered to them after a whole week?
Mr. Pratt stated the Chairman was notified immediately, beyond that
no notice is required until publication and posting of the property
and the packets send out. Mr. Waibel asked has it been delivered
under the rules? Mr. Sievers stated when the City is rescinding
it is acting like any applicant with an item on the agenda.
Question:
Affirmative - Overson, Crutcher, Horton, Horning,
Dawkins, Johnson
Opposed - Waibel, Collins
6A - CONTRACT RENEWAL; CITY OWNED PARKING FACILITIES #AB89-315
The City has contracted with Diamond Parking for management and
operation of City owned parking facilities since May, 1986. The
recommendation to continue with the incumbent contractor through
1990 is based on the following:
1. Overall parking plan for downtown has not been fully resolved.
2. Rebid would require a 3 year term for contractor to achieve
return on investment.
3. By the end of 1990 the City will be in a better position to
decide whether to contract long term or to self operate.
Mr. Johnson stated another consideration was given which deals with
the issue of in lieu from the State Department of Revenue, namely
being the leasehold excess tax imposed when a government owned
property is leased to a private firm or organization, as there is
no property tax on government owned businesses, SDR exercises a
leasehold excess tax to recover some of those taxes. Under the
current agreement, Diamond Parking has been collecting the revenue,
depositing in their account and the City has been receiving a
percentage of that revenue. SDR has interpreted that the taxable
base for a leasehold excess tax in the amount of money has been in
turn leased the facilities to Diamond, which is about $96,000 a
year. By turning this into a management fee operation and the
City collecting all revenue and depositing in their accounts,
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the leasehold tax is exempted from all, except those stalls in this
parking garage that have a rent greater than $20.83 a month of $250
a year. The others continue to have a sales tax. Under the
current contract, approximately $13,000 a year is passed from the
contractor through the City to the State Department of Revenue.
By going to a contracted fee management or a service, the City will
make it's leasehold tax payments and collections to the State by
approximately $10,000 a year. Mr. Johnson stated Diamond Parking
has agreed to the contract extension.
Mr. Crutcher stated he's been concerned with this project during
his term. He discussed this with Mr. Johnson and feels by the end
of 1990 the City will be in a better position to decide whether to
contract long term or to self operate. He supports operation by
the City, but feels this time is needed to complete other things
and supports this contract extension. Mr. Crutcher strongly feels
the City should consider self operation and stated the City can't
afford to pay others when they can do it cheaper themselves.
Mr. Dawkins agreed with Mr. Crutcher and feels the City should be
able to handle the parking plan. He stated there are complications
and supports this contract extension.
M/S/C/U (Dawkins/Crutcher) to approve the contract with Diamond
Parking for parking facilities management and operation on a
management fee for the term ending 12/31/90 in an amount of
$2,312.50 per month or 15% of gross revenues, whichever is greater.
Mr. Collins stated this contract with Diamond Parking is one of the
best things the City has done, it's the first time in the history
of the parking garage it's making money. Mr. Collins supports this
contract.
7A - ORDINANCE #4249 - REZONE FROM MULTI-FAMILY (MF) TO
PROFESSIONAL OFFICE (PO), APPLICANT: LES FOWLER, LOCATION: 2755
CLARE AVE. #AB89-310
M/S/C/U (Horton/Crutcher) to pass on second reading An Ordinance
rezoning, subject to conditions, a lot located at 2755 Clare
Avenue, Bremerton, from multi-family (MF) to Professional Office
(PO).
7B - ORDINANCE (1ST READING) AMENDING REGULATION OF GARBAGE
ACCUMULATION AND DISPOSAL #AB89-316
The City has been experiencing enforcement problems on properties
where the owners do not voluntarily abate garbage complaints. The
Mayor's office and members of City Council have requested revisions
to our existing garbage ordinance to provide for better
enforcement. The abatement procedures of Chapter 6.20 of the BMC
have been revised and consolidated in Chapter 6.04 GARBAGE AND
REFUSE.
Dick Mumma, Building Official, stated there was some concern with
some language. Ms. Horton and Mr. Mumma met with the City Attorney
and they feel they've corrected some of the language that was
causing problems, specifically the word "remove" has been removed.
They are attempting to redefine the definitions of garbage and
refuse and to specifically identify problem areas which they are
experiencing and to address those areas in the ordinance. Also
they are attempting to establish a procedure that is more in line
with the abatement procedure in the RCW, and to increase the time
for a tenant or owner to comply with the order. Previously there
was a 24 hour time limit on compliance and that has been increased
to 72 hours.
In response to an inquiry, Mr. Mumma stated they've defined what
garbage and refuse are: garbage includes all putrescible wastes,
in other words it rots; refuse or rubbish is nonputrescible, it
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doesn't rot. Mr. Mumma stated if the Building Department receives
a complaint they investigate. If the condition exists, they give
72 hours minimum time to respond to the complaint. If the owner
does not comply, the Building Official has the authority to remove
the debris and charge the property owner for cost of removal.
Elizabeth Buell inquired if items cannot be saved toward clean up
week? Mr. Mumma responded items cannot be saved outdoors.
Mr. Sievers stated there is one amendment they would like to make,
under Section 3 item #6 to read: "A statement advising the owner
and occupant or tenant, that failure .... "striking the words "or
agent".
Ms. Swanson raised the issue of absentee owners and asked if the
owner cannot be located is there a provisions for that? Mr. Mumma
stated there is a provision for the City to abate if there is no
response or the owner cannot be located.
Ms. Buell discussed clean up week and asked if the ordinance says
people have only 3 days to prepare for it? Mr. Mumma responded
there is no time limit for preparation, but you can't store items
outdoors. He stated the Building Department does not do active
investigating, they respond to complaints.
Mr. Overson inquired if the ordinance addresses owning of a large
number of penned birds and those pens collecting a large amount of
bird refuse which is unhealthy, etc? Mr. Mumma responded that
"animal awful" is contained in the ordinance.
M/S/C/U (Waibel/Crutcher) to approve on first reading An Ordinance
amending regulations for the deposit and removal of refuse, and
amending BMC 6.04 and repealing Chapter 6.20.
7C - RESOLUTION #2278 - SETTING FORTH STANDARDS FOR THE DELIVERY
OF INDIGENT DEFENSE SERVICES
The Indigent Defense Act, SSB No. 5960, became effective on May 13,
1989. This act requires that each county and city shall adopt
standards for the delivery of indigent defense services. The
proposed resolution addresses these standards, including
compensation of counsel; duties and responsibilities of counsel;
case load limits and types of cases; responsibility for expert
witness fees and costs associated with representation;
administrative expenses; support services; reports of attorney
activity and vouchers; training, supervision, monitoring and
evaluation of attorneys; substitution of attorneys or assignment
of contracts; limitations on private practice of contract
attorneys; qualifications; disposition of client complaints; cause
for termination of contract or removal of attorney; and non-
discrimination.
Mr. Sievers stated there are two amendments they would like to
make: 1) To change the number of cases per month from 35 to 45.
He explained they used the State BAR guidelines to estimate the 35
cases as a rough estimate of our own local mix, misdemeanors, gross
misdemeanors, for which indigent defense must be provided. On
further input from the Count Administrator and Judge, they felt 45
cases per month can be handled by the City's defense counsel.
2) change in subsection i, end of last sentence add "followed by
a written withdrawal". Mr. Sievers stated although this sets forth
the termination of the City's requirement to pay defense counsel,
the Judge felt they should be reminded that they also have an
obligation to formally withdraw from the case, so that is added for
clarification.
Kathi Johnston, Director of Municipal Court, stated they are ready
to go to bid on the public defender contract and this Resolution
needs to be passed. The standards as proposed, after review of
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suggested standards from the Washington State Defender Association
and input from Judge Rainey, Ms. Johnston and City Attorney's
staff, is a workable document and provides a good bid document.
Mr. Johnson asked Mr. Sievers what is the average case load of his
attorneys? Mr. Sievers stated they took into account the type of
defense and also the disposition and how many go to jury trial.
They also looked at the number of cases of the City's Attorneys.
The City has more than one attorney dedicated to criminal work,
there's an overflow, there are appeals. They also undertake a
certain group of infractions indigent counsel is not assigned.
They determined there is probably one full time person the City
supplies where indigent counsel would be assigned.
Mr. Johnson stated there are minimums throughout the contract but
no maximums. Ms. Johnston stated some minimums refer to training
requirements. Mr. Johnson stated he's referring to compensation.
Mr. Sievers stated highly paid attorneys would not be hired as
they'd be weeded out in the bid process.
M/S/C/U (Crutcher/Waibel) approve Resolution #2278 setting forth
the standards for delivery of indigent defense services as required
by the Second Substitute Senate Bill #5960 (SSB No. 5960).
Recess 6:45 - 7:00 p.m.
8A - PUBLIC HEARING/MAYOR'S PROPOSED 1990 COMITY DEVELOPMENT
BLOCK GRANT PROGRAM #AB89-312
This is a continued hearing from the November 1, 1989 City Council
meeting.
Mayor Lobe stated many people would like more from Block Grants and
they are all deserving. The problem is there is not more money and
if funds are added in one area funds are taken from someone else.
He stated the Advisory Committee did what they felt was the best
interest of everyone and hoped Council would accept the proposal
as is.
Carol Dickinson, agreed with Mayor Lobe and stated she's available
if there are technical questions.
Mr. Horning asked the standard conflict of interest, appearance of
fairness question with Mr. Waibel stepping down and all other
members remaining seated.
Mr. Crutcher stated out of respect to everyone who worked on this
proposal, it would be to Council's benefit not to move funds from
one area to another. He stated the Committee has spent many hours
on the proposal and feels it should be accepted as is.
Ms. Horton discussed a previous comment about CDBG and Housing
Administration and the necessity for two pots of money for
administration costs, pertaining primarily to Capital Projects and
Weatherization and matchmakers and asked Ms. Dickinson for
clarification.
Ms. Dickinson stated, 1) administrative money from CDBG
Administration and Housing Administration together fund 100% of
Community Services office for the City with three full time staff.
Cap on the amount of money set by Congress that can be devoted to
administration of Block Grant monies themselves, time is limited
to what is absolutely necessary to administer the Block Grant
Program. The other part of the office is dedicated to a Housing
Rehab Program, which includes CDBG funds, State Rental Rehab money,
liaison with Washington State Housing Finance Commission, to
attract additional housing monies to the community and other
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federal, state and local funds.
2) Whether over a period of time next year, if Housing Rehab monies
are not spent down as quickly as proposing and anticipating, they
can come back to Council and perhaps reallocate a portion of those
funds to the Weatherization Program, keeping in mind the services
provided to extremely low-income people to live in energy efficient
homes is very important and in fact those dollars attract dollar
for dollar from the State additional money coming into the
community for weatherization.
Mr. Overson asked Ms. Dickinson when would she expect that decision
to be made, he wants to put that in an SLI. Ms. Dickinson stated
the end of the second quarter of 1990.
Mr. Dawkins suggested that next year they go back a year or two.
Ms. Dickinson stated they can do that.
Mr. Collins stated after serving on a Board as citizen, he
appreciates all that work that has gone prior to this meeting.
M/S/C/U (Collins/Crutcher) to authorize the Mayor to submit to HUD
an application for 1990 Community Development Block Grant funds
consisting of the projects and allocations approved by same; to
authorize the Mayor to accept 1990 Community Development Block
Grant funds authorized by HUD: and to authorize the Mayor to
execute contracts with Subgrantees for the use of those funds.
Council further directs the City Treasurer to administratively
distribute Community Development Block Grant funds in the 1990 City
Budget, and direct staff to return to City Council at the end of
the second quarter, 1990, with a report on progress of the Housing
Rehab Loan Program, and if the Program is not performing up to
expectation they consider moving a portion of those funds to the
Weatherization Program.
Mr. Dawkins asked Ms. Dickinson if she has an update on what
Congress is doing in this area. Ms. Dickinson stated Block Grant
funds nationally have been reduced 80% since 1980; nationally Block
Grant funds are at $3 billion, Bremerton's estimated entitlement
has been steady at $350,000 a year. She anticipates the City can
count on that for one more year.
Mr. Johnson stated due to discussion on the Weatherization funds,
there is a possibility he may be able to bring something to the
December study session, which may make some of this money grow.
He asked Ms. Dickinson if they can open the budget anytime and
reallocate in HUD's rules? He stated this would not affect
tonight's allocations except to increase. Ms. Dickinson stated
they absolutely can open the budget for any increase.
Mr. Waibel returned to the meeting.
8B - PUBLIC HEARING/APPLICATION FOR ZONING ORDINANCE TEXTAMENDMENT
FROM (PUD) PLANNED UNIT DEVELOPMENT TO (A) ALLOWED PRINCIPLE USE
UNDER (GB) GENERAL BUSINESS IN LAND USE TABLE NO. 5, APPLICANT:
GARY SCHERFENBERG #AB89-313
On September 19, 1989 the Planning Commission voted 6 to 0
recommending approval of the proposed Zoning Ordinance Text
Amendment to allow certain motor vehicle sales activities as an
"Allowed Principle Use" in the General Business district. The City
Council is required to hold a public hearing and act on the
Planning Commission's recommendation.
Mr Horning asked the standard conflict of interest, appearance of
fairness question with all Council members remaining seated.
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November 8, 1989
Page 10 of 11
Jack Allingham, Current Planning Division, stated as it now exists,
the use for car, truck, motorcycle and R.V. sales, new and used,
is required when in the General Business zone district, to undergo
the PUD process. The applicant has requested the use of a piece
of property, which is zoned General Business, to establish a used
car sales on that property. After reviewing the land use table and
determining that it required a PUD, Mr. Scherfenberg opted to
change the law and proposed that it be allowed with one condition,
that the landscape provisions of Chapter 8 be acquired. Using an
overlay, Mr. Allingham discussed various business areas in the City
and stated if it is amended the used car sales will be permitted
in various areas as permit outright in the general industrial area.
The Planning Commission recommends approval and if Council approves
first reading of the ordinance can be heard at this time.
Mr. McConnell stated he is not opposing car lots going in General
Business, but opposed to them being outright allowed, as that
removes City control of where they go. He discussed the corner of
Sheridan Road and Wheaton Way, which could be converted to a car
lot. He felt that would be a poor choice for the City to have a
car lot at that location, and stated a car lot is a parking lot
that is always full. Mr. McConnell recommended that Council
approve car lots in General Business area but with a special use
permit so the City has some control over where they go.
Mr. Waibel asked staff to comment on Mr. McConnell's suggestion.
Mr. Allingham stated the Planning Commission did consider those
comments and recognized that car, truck and rental and commercial
parking lots are allowed outright and those types of lots are
always full and also recognized that basically there is very little
different between commercial parking lots use and car, truck and
rental use and car sales use, and felt there should basically be
a consistent use within that General Business zoning district.
Mr. Johnson agreed with Mr. McConnell and discussed the area on
Kitsap Way close to the cemeteries and felt those areas may not be
appropriate for used car lots. He also felt in some instances a
special use permit would be more appropriate.
Mr. Dawkins asked Mr. Allingham how difficult it would be to get
a special use permit, and stated he has the same concerns as Mr.
Johnson. Mr. Allingham discussed a special use permit hearing for
a day-care which was difficult to obtain. Since a revision of the
zoning ordinance there is an administrative special use permit
process which greatly cuts the bureaucracy of the SUP. Mr. Dawkins
stated in some areas a car lot could go in without any problems but
in other areas it would not look good and he felt they should
consider the lighting effect of car lots.
Mr. Collins stated while marine craft has not been discussed he
felt it relates. They are located in the industrial area and felt
the whole thing should be looked at. Mr. Allingham responded the
premise is the community feels most auto sales are going to be an
outdoor use, highly visible, lighting impact. He stated there are
other forms of marine craft and auto sales, such as antique cars,
that could be an indoor sales use, in such a case it would be
prohibited in the business core zoning district, where there might
be adequate retail space for showing, perhaps the zoning ordinance
could be interpreted to provide for second hand sales. He stated
Council did recently review the marine craft sales and is allowing
it in the general business zoning district with a SUP.
Mr. Overson stated he generally does not feel the government
extension is positive or contributory, also consider the message
being sent with an SUP. Is it okay to have an SUP for auto sales,
but you can have car rentals without a problem, or you can have
liquor stores with no problem. He felt that is not a right
Tape #692
City Council Meeting Minutes
Page 11 of 11
message. Mr. Overson felt they should accept it the way the
Planning Commission recommended.
Mr. Crutcher agreed with Mr. Overson.
M/S/C (Waibel/Collins) to allow with a Special Use Permit car,
truck, motorcycle, and R.V. sales (new and used), as well as car
and truck rental, and approve the Ordinance on first reading.
Question: Affirmative - Horton, Waibel, Collins, Dawkins,
Johnson
Opposed - Overson, Crutcher, Horning
With no further business meeting adjourned at 7:30 p.m. to a
Special Executive Session regarding Labor negotiations.
'GiL~BER~N ,~ -
Deputy City Clerk
ATTEST:
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SPENCER HORNING, Counci
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