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HomeMy WebLinkAbout01/27/88 CITY COUNCIL MEETING MINUTES JANUARY 27, 1988 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, January 27, 1988 at 5:30 p.m. with Council President Hank Waibel presiding. Council members present were Spencer Homing, Morrie Dawkins, Shirley Marry Crutcher, Russ Johnson, C. R. "Tiny" Collins, Lon Overson, A1 Colvin and Lynn Horton Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Hank Waibel and Invocation was given by Reverend Mike Grimshaw of The Church Of The Nazarene. Council President Waibel announced that Item ?A, Council Statements of Legislative Intent, had been pulled from the Agenda for an indefinite period of time. CONSENT AGENDA A. Minutes of Meeting Held January 20, 1988, #AB88-022 #0024 M/S/C/U(Horning/Crutcher ) to approve Consent Agenda as presented. CLAIMS/WARRANTS REGISTER Vouchers audited and certified by the auditing officer as required by ROW 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. #0039 M/S/C/U(Colvin/Crutcher) on January 27,1988 the Council does approve for payment those vouchers included and further described as follows: Warrant Nos. 33954, 33955, 33956,33957, 34101 and 33964 through 34100 in the total amount of $249,031.14 and Regular Payroll in the amount of $311,867.94. COUNCIL MEMBER REPORT Mr. Johnson reported on the recent Kitsap Lake Neighborhood Association meeting where the following issues were discussed: (1) Shoreline Management Plan; (2) Waterfront Development Plan for Downtown; (3) pending land use issues; (4) new Kitsap Lake Park Plan; (4) proposed ordinance providing for rules and enforcement for users of Kitsap Lake. Mr. Johnson also noted that Kitsap County has installed a 4-way Stop sign at Harlow Drive and Price Road; and he expressed concern that the Planning Department has announced they will provide less support to the Neighborhood Associations and limit their involvement with BACON, however, Neighborhood Association Presidents will continue to receive notices on land use issues. Mr. Colvin commended Chief Lynn Coney on his presentation at the Sheridan Neighborhood Association meeting on January 21. Mr. Colvin reported on a successful meeting between Mr. Mumma, Building Official, and some concerned citizens. Also, the Bremerton Central Lions will hold their Radiothon on February 12 - 13 and he is looking forward to hearing Council President Waibel being interviewed. TAPE #513 City Council Reg. Mtg. Minutes January 27, 1988 Page 2 of 7 Mr. Dawkins reported that during the Council Operations Committee meeting Mr. Duffy, Utilities Director, indicated drawings of the 2nd Street tower project will be available for Council's viewing within two weeks. Also, the Manette Seniors citizens group will be soon challenging Council members in a fund raising effort. Mr. Collins reported that during the Council Operations Committee meeting a request was presented from the Parks Board to have a Council member appointed as liaison to their committee. Also, Mr. Collins requested that the City subscribe to "SCRAP" magazine which deals with recycling and garbage issues. Mr. Crutcher reported that the Cable Committee elected a new President and Vice President and the Committee is in the process of pursuing funding grants and will provide Council with a progress report. Mrs. Horton reported on a recent meeting of the Haddon neighborhood and their desire to keep their meetings on an informal basis. The main topics discussed during the meeting included: street repair or disrepair, garbage problems, etc., and the desire to make Bremerton a better place to live. 6A - PROFESSIONAL SERVICES CONTRACT - CO~$~UNITY DEVELOPMENT MANAGER - CECIL A. COLLINS JR.f #AB88-023 The top two applicants for HUD Coordinator/Community Development Planner have not accepted the position at its current salary (90% of median). The third applicant has not been offered the job but has told us she has "serious problems" with the salary ($26,2?0). The job title used in the salary survey is HUD Coordinator/Community Development Planner. This is not accurate. The position is one of the four Planning/Building Department Managers and is $2,710 below the lowest paid manager (Current Planning Manager - $28,980) (1987 salaries - $5,000 below proposed 1988 salaries). Cecil Collins Jr., is one of the top two applicants. He will consider a contract as a temporary employee for a salary equal to $31,500 annually plus hourly payment for all benefits until a revised job description and salary survey can be reviewed. The Community Development program is in serious need of stable management. Don Pratt, Planning Director, briefly outlined the interview process and the problem encountered in respect to the proposed salary for the position. The Personnel Department determined that it could take up to three months to complete a job description review and salary survey. Mr. Pratt stated the need for stable management and presented a list of responsibilities to be undertaken by the Community Block Grant Coordinator. In order to provide a higher salary for the proposed position, a Temporary Employment Contract is being proposed. Mr. Pratt stated as an alternative to the Temporary Employment Contract, Council could raise the 90% lid and agree to a salary between the salary spread ($24,470 - $33,580). Mr. Pratt stated he did consider the use of a Consultant Contract, however, the person filling the position would be working within the Planning TAPE #513 City Council Reg. Mtg. Minutes January 27, 1988 Page 3 of ? Department, using City equipment, etc., and would be best to keep within the "City employee" status. Mr. Johnson expressed concern regarding Mr. Collins experience relating to HUD regulations. Mr. Pratt stated that he found Mr. Collins to be well qualified for the position and briefly outlined his past work history. Mr. Colvin questioned the legality of using a Temporary Contract verses Consultant Contract. Ian Sievers, City Attorney, stated that the use of a Consultant Contract presents liability and federal tax withholding concerns that might not be in the best interest of the City. Mr. Sievers emphasized that this position is a regular position in the City's organization, not a special project, and since he would be supervised by City staff and on City premises it would be best to have his designation be as an employee. Using a Temporary Employee Contract allows the person to be paid any amount necessary.., recommended by the Department and approved by Council. Mr. Sievers reviewed the proposed salary and stated that it came to i03.5% of the mean and possibly this position presents a different circumstance and requires a higher salary. Mr. Colvin questioned the length of the term of the contract. Mr. Pratt stated that it would terminate at the completion of the salary review and 3ob description, which would allow him to select someone off the open register and Mr. Collins would be his choice at that time. Mr. Waibel questioned if this position was part of the James Study? Mr. Pratt stated that it was part of the James Study, but the job description used was a HUD Coordinator Community Development Planner - it is evident that this is not the right title for the position. Mr. Overson questioned if the City really needed someone at a $40,000 salary - are we getting more than we need? Mr. Pratt gave a comparison of other manager salaries within the Planning Department and indicated he viewed the position in question as one being a manager. #0900 M/S/C(Collins/Colvin) to authorize the Mayor to sign a Temporary Employee Contract with Oecil A. Collins, Jr., for a salary not to exceed 105~ of the mean. Vote: In Favor: Overson, Crutcher, Horton, Horning Collins, Dawkins, Colvin, Johnson Oppose: Waibel 8A - REQUEST FOR "INDUSTRIAL' GOMPREHENSIVE PLAN DESIGNATION FOR EXISTING INDUSTRIAL AREA IN THE VICINITY OF THOMPSON DRIVE AND 15TH STREET~ APPLICANT: PAUL MCCONKEY~ #AB88-025 The revised Comprehensive Plan was approved on July 9, 1986. At that time the City Council directed staff and the Planning Commission to review specific areas of concern and return in six months with a recommendation. Although the Thompson Drive industrial area was originally one of those areas, the Council, in a separate motion, exempted that area from the review, which would have left it in an industrial designation. Contrary to the Council's direction, staff and the Planning Commission reviewed the area and brought a recommendation to the Council to retain the industrial designation. The Council considered the recommendation and TAPE #513 City Council Reg. Mtg. Minutes January 27, 1988 Page 4 of ? acted on it. Because this was a procedural error and major property owners were not represented, a new hearing has been scheduled to consider the Comprehensive Plan designation of this industrial area. The Planning Commission's Comprehensive Plan recommendation for the subject area at the time the Plan was approved in July 9, 1986, was "Industrial/Business Park" designation. Following its further review, the same recommendation was made to the City Council on January 20, 1987 (Planning Commission Meeting). Based on another review by staff in preparation for the January 1988 hearing, staff is again recommending that the City approve the "Industrial/Business Park" designation. President Waibel asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron Houqh, Planner, gave a brief description of the purpose of a Comprehensive Plan and Zoning Map, made a slide presentation which showed the location of the area under consideration, noting conditions of streets, width of streets, etc. Mr. Houqh outlined background information relating to Council actions on July 9, 1986, revising the Comprehensive Plan and exempting the Thompson Drive area and leaving it as "Industrial", approving Planning Commissions/staff review and recommendation of the Thompson Drive/Pennsylvania/15th Street area to remain Industrial/Business Park" designation on February 24, 1987. Ms. McCluske¥, City Clerk, read letters into the record from the following individuals: Mr. & Mrs. Kenneth Kindt, 1524 Pennsylvania, stating that they were happy with the businesses in their area; and Mr. & Mrs. Charles Laubach, property owner, stated their objection to the proposed change citing traffic problems, air pollution, health hazard, noise, chemical wastes. Paul McOonkey, 1343 Lower Marine Drive/owner Bremerton Concrete, stated that the issue is not a small matter as he had worked a lifetime to accumulate land and build up a business and felt very strongly that a mistake had taken place and hoped that the City Council would reconsider their decision. He referenced a letter/flyer that was circulated in the neighborhood area by Mr. Laubach in which it indicated that the industry was raping the neighborhood, possibly causing health problems due to air pollution and possible run off of chemical wastes into nearby waterways, poor condition of streets in the area etc. Mr. McConkey cited steps he had taken to improve the air quality and stated that he did meet environmental standards; outlined the types of chemicals used and the regulations for storage and use of such chemicals to protect the worker as well as those in surrounding area; noted that the possibility of chemical run off was less likely due to the fact that there was a distance of 1,000 feet between the chemicals and waterways; the narrow streets were not adequate for the type of traffic generated and felt that it was the City's responsibility to bring up to high standards; increased traffic and noise the new High School will have approximately the same population as previous years and the number of residences stay consistent with few new ones - work hours have been adjusted to reduce period of machinery noise. Mr. McConkey stated he had worked very hard to be a good neighbor to the surrounding residential area and that TAPE #513 City Council Reg. Mtg. Minutes January 27, 1988 Page 5 of 7 during previous hearings only two individuals had voiced their objection. Herb Loop, 5230 E. Hillendale Ct., Commercial Real Estate Agent, stated the importance of having a land use designation other than a "non-conforming use" as it was very difficult to get financing for development and /or to sell property with such a designation. Frank Musial, 1559 Pennsylvania Avenue, spoke in favor of the proposal, citing Mr. McConkey's efforts to work with the neighbors and his willingness to correct problems and/or conditions which adversely affected those in the surrounding area. rAPE #514 George Gates, 1558 Pennsylvania, spoke in favor of the applicant and noting that Bremerton Concrete had been a good neighbor and that he would not like to see a high density designation granted. The following individuals spoke in opposition to the applicants request: David Murphy, 4107~ Phinney Bay Drive; Chuck Laubach, P.O. Box 932A; Virginia Gormley, 1527 Thompson Drive; Jim Adrian, 621 Washington Avenue; Dwight Nichols, 129 E. 31st; Laura Hoffman, 1538 Thompson Dr.; Mr. Murphy read a letter of opposition from Julie Smith, 1535 Thompson Drive Apt. #7. The areas of concern expressed by those in opposition were: increased traffic, air pollution, devaluation of residential property, return to residential designation, chemical storage, contaminated soils and chemical waste run off, offensive odor, possible health hazards, fire hazard, disrepair of streets, blockage of roadways by trucks. Paul McConkey, applicant, expressed his sincere concern for the individuals who spoke in opposition and stressed that he had made improvements to his operations to lessen some of the problems and had completed redevelopment of older buildings into more attractive, usable facilities. Mr. McConkey emphasized that he must meet and did meet rigid requirements regarding air pollution, handling and storage of chemicals and protecting hid workers and surrounding area. Mr. Collins stated he did not like having an industrial complex within the confine of the City but he also had to take into consideration what happened first..that the area was industrial which was more significant then than now..residential has moved in on the industrial. Mr. Collins stated that Mr. McConkey should in no way be restricted from the use of his land nor should it be adversely affected for future development, therefore, he supported an industrial/business park designation. Mr. Crutcher questioned if a "light" industrial designation could be considered. Mr. Pratt stated the City's current Zoning Ordinance has a zone called "Manufacturing" in which those activities can occur. Some of the activities occurring there now would require a Special Use Permit if application were made now. They are legal non-conformity as they were in place before development of the Zoning Ordinance. The balance of the zoning in the area is either B-S or commercial, mostly being commercial and the type of activities allowed in this designation are retail stores and shops, such as bakeries, drug stores, assembly halls, dance TAPE #514 City Council Reg. Mtg. Minutes January 2?, 1988 Page 6 of 7 halls, office or professional buildings, printing establishment, telephone exchanges, electric sub-stations, sales rooms for motor vehicles, public garages, service stations and lumberyards inclusive. Therefore, if Mr. McConkey discontinued use of his property as a concrete plant he would be limited to those listed uses in those commercial areas. The term "light manufacturing" talked about is in a proposed Zoning Ordinance will be coming to the Council soon and is not at your disposal to zone at this time. Mr. Johnson pointed out that there are specific ways to revise a Comprehensive Plan, i.e., every two years, by a citizen request, legislative action, etc., and he questioned the method used for this hearing. Don Pratt stated this action is a Legislative action - if a positive motion is passed to amend a Resolution will be brought before Council at a later date. This action is being conducted from a previously announced public meeting, the public hearing nomenclature is relatively right but not to the fullest intent - a public hearing is not required for legislative actions on the Comprehensive Plan. However, in this instance the neighbors were advised, that something of this mater was in the works and had been advised the last six months. Until last Thursday the neighbors and leaders of the neighbors group were not aware of the exact date this issue would be heard but by Monday they had received mailed notices. Everything was done as legally required to fulfill the obligation. Mr. Johnson disagreed, noting that Council action would change the Comprehensive Plan and Map and giving people 24-36-48 hours notice before the meeting is unsatisfactory. Mr. Johnson questioned the size of the waterfront area on the sub3ect map included in the packet - noting he did not believe it to be the same length as in the Planning Commission's original proposal. Mr. Waibel stated that the Council was in the current situation because Council action had been taken without proper notification to the people in the area affected. Mrs. Horton stated her support of consideration of a light industrial or industrial park designation with restrictions placed on the types of businesses allowed. Mr. Horninq pointed out that Council should not be discussing this matter - it was simply an error that brought this before Council - and if and error had not taken place there would be an "Industrial/Business Park" designation for this area. Mr. Horninq stressed that Council could provide a protective process for the surrounding neighbors by designating "Industrial/Business Park" which would require a PUD, which is by Ordinance at the present time. Mr. Pratt stated that the Council may or may not adopt the Industrial/Business Park designation when the new Zoning Ordinance is adopted. Mr. Hornin~ stated that it appears that what is being asked currently is that it be applied to this parcel. Mr. Pratt clarified what is currently in place...Mr. McConkey is operating a concrete plant in three zones, residential (non-conforming), B-3 and Commercial zone. None of these permit heavy or light industry on them - that is the only zoning available to him today unless he requests a rezone before the Planning Commission and City Council. If he discontinues use of the property as a concrete plant for more than a year, he will not be able to put any heavy industry there unless he obtains a new zone. In the meantime Council may adopt a new Zoning Ordinance and may apply a new zoning designation, such as Industrial TAPE #§14 City Council Reg. Mtg. Minutes January 2?, 1988 Page ? of ? General, then industrial anything will go, if it is Industrial Park then there is a very limited and controlled amount of industry that can be continued in that area. Mr. Horninq questioned if that was what the Council would be doing if approving the action before them? Mr. Pratt stated that Council approval would be saying the designation would be either" Industrial" or "Business Park. The staff report states if you approve Industrial/Business Park they would bring back to Council "Business Park" which is the more restrictive. Mr. Johnson pointed out that if Industrial Park is approved, Mr. McConkey's property would be a non- confirming use. Mr Pratt stated that if Industrial Park designation is adopted in the new Zoning Ordinance then Mr. McConkey's property would still be a non-conforming use and if he gets "Industrial General" he would probably be a conforming use. Mr. Dawkins questioned the traffic flow in the area and if there were ways to improve movement of traffic in the residential areas. Ron Houqh explained the possibility of putting a cul-de-sac at the end of Marguarite. Mr. Waibel suggested that the last line of the motion read "recommendation of the original staff report" so that the area in question is the same. #3118 M/S/C(Horning/Collins) upon consideration of the Planning Commission's original recommendation and review and conclusions presented by staff, written and verbal testimony, and the best interests of the neighborhood and community, approve the Comprehensive Plan designation of "Industrial/Business Park" to be applied to the Thompson Drive industrial area as illustrated in the recommendations of the ori~inal staff report. rAPE #515 Vote: In Favor: Johnson, Dawkins, Collins, Waibel Horning, Horton, Crutcher Oppose: Colvin, Overson With no further business meeting ad3ourned at 8:50 p.m. KAT~LEEN L. MccLUS~KEY, C~TY CLERK APPROVED HANK WAIBEL, Council President City of Bremerton KLM/HW/me ccs: Normal Distribution File/Vault