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HomeMy WebLinkAbout07/27/88TAPE #560 UNAPPROVED DRAFT ~0044 ~0060 TAPE #56 CITY COUNCIL MEETING MINUTES .JULY 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, July 27, 1988 at 5:30 p.m., with Council President Hank Waibel presiding. Council members present were Lon Overson, Lynn Morton, Spencer Horning, C. "Tiny" Collins, Morrie Dawkins, Shirley Marty Crutcher and Russ Johnson and A1 Colvin. Also present were Assistant City' Attorney Laura Anderson and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Hank Waibe! and Invocation was given by Mr. Bill Cundiff, Biblical teacher at Eastgate Assembly Of God Church. CONSENT AGENDA A. Minutes of Meeting held - July 13, 1988, #AB88-189 M/S/C/U(Horning/Horton) to approve Consent Agenda as presented. CLAIMS/WArRANT REGISTERS Vouchers audited and certified by the required by RCW 42.24.080, and those claims certified as required by RCW recorded On a listing w~ich has been council. auditing officer as expense reimbursement 4 ~ 24 090, have been made available to the M/S/C/U(Colvin/Dawkins) on July 27, 1988, the Council does approve for payment those vouchers included and further described as follows: 37686, 37687, 37688,37689,378690 and' '37696 through 37'815 in the total amount of $173,477.58 COUNCIL MEMBER REPORTS Mr. Johnson announced Kitsap Lake Park ground breaking will take place on Monday, 1:00 p.m. at the south end of the lake. Mr. Colvin attended Bremerton/Central Lions Club meeting where Roger Childress, Executive Director of the Kitsap Humane Society, was guest speaker. Mr. Colvin invited Mr. Childress to attend the City Council meeting and update the Council on the plans for the new Humane Society facilities. Roger Childress briefly outlined the construction plans for a new Humane Society facility in the Sitverdal~ area and gave an overview of the current programs being carried, such as, the animal therapy program at nursing homes, adoption of animals and public education. Ground breaking for the new facility will be in August with estimated completion by January/February 1989. Mr. Collins reported that the Parking Committee which was established by Council would be getting underway very soon. Currently he is working on an inventory of streets which will be used to identify specific problems in specific neighborhoods. Mr. Collins noted that no single solution will remedy parking problems in the City due to the characteristic of the terrain, narrow streets and impact of shipyard workers parking needs. He anticipates completing the parking study through the Committee by the end of October. Mr. Crutcher attended the Kitsap Urban League meeting on July 25, noting that volunteers are needed and urged citizens to become involved with their community and organizations to help make the City a better place to live. Mr. Horninc expressed concern over the State's Road Jurisdiction Act and the potential negative financial impact it will have on the City if adopted. Mr. Horning will keep the Council advised on further informanion as is available. TAPE.#560 City Council Reg. Mtg. Minutes July 27, 4988 Page 2 of 6 PUBLIC RECOGNITION Roy McInnis, 2711 Maple Street, expressed how pleased he was to the response to his request the previous week regarding junk vehicles and vehicles parking on sidewalks..-all had been removed by the next day. George Allen,1300 N.E. Road, expressed his concern that the Parking Committee had not met and felt that Mr. Collin's repo~-~ reflected that work had already' been done to come up with solutions. Mr. Collins explained that just an inventory6f streets was being compiled and would be used as a tool for the Committee. Actin~ Police Chief Joe Hatfield presented two Commendation Awards to Officers Brian Johnson and Roy Alloway for their assistance in rescuing a person from jumping off the Warren Avenue Br%dge. Through their quick action they were able to grab hold onto the person after he had climbed over the edge of the bridge and pull him back to safety. 6A - "DARE' PROGRAM (DRUG ABUSE RESISTANCE EDUCATION) BREMERTON POLICE DEPARTMENT, #AB88-190 Actin~ Police Chief Joe Hatfield introduced Detective Ted Johnson, Crime Prevention Officer, and briefly outlined his 16 1/2 years service in the Bremerton Police Department. Officer Johnson has served as Crime Prevention Officer for the pas~ 4-5 years which included such activities as Neighborhood Watch Program, Officer Mac Program, conducting "bank robbers" program for local banks, Operation I.D., and crime prevention assistance to those who have been burgtarized. Ted Johnson Crime Prevention Officer, outlined the DARE program which includes a 17 week program in the 5th grade level. He will reach 450 students in the Bremerton School District through this program. During this 17-week period Officer Johnscn will be working directly with the students, teaching them self-esteem, resistive to peer pressure, healthy attitudes through role playing, class participation activities, playground activities and even lunchroom contact. Individuals or civic organizations who wish to donate funding towards this program can contact Officer Johnson at 478-5231. A video presentation was made which reflected a very positive approach, not scare tactics, to helping children understand the hazards of drug abuse and alternatives they may choose to resist and overcome pressures to participate in drug use. Mr. Colvin invited Officer Johnson to make ~ DARE Program at the Bremerton/Central Lions held in June, 1989. presentation of the Club on Youth. Day- Mr. Collins stated there are other types of programs on drugs but he feels this may the first step in really teaching young people to say "no" Mr. Crutcher requested Officer Johnson to report back to the City Council how parents feel about the program. Officer Johnson stated that as he enters the schools there will be a presentation made of the program to the Parent organizations (PTSA). President Waibel emphasized that the Council was impressed with the program as presented and as a minimum would like a report back after the first quarter into the curriculum and what the response was. 7B - PUBLIC HEARING TO ACCEPT PROPOSED ZONING ORDINANCE By Resolution ~87-I~ the PUBLIC COMMENTS PERTAINING TO THE Bremarton Pi..anning Commission TAPE #560 City Council Reg. Mtg. Minutes July 27, 1988 Page 3 of 6 recommended the City Council's adoption of a new Zoning Ordinance and Map. During the past four months, that document and map have been the subject of seven City Council sessions and a public hearing. A number of amendments to both the text and map have been considered and given tentative approval in this process of fine-tuning the ordinance and map for adoption. This public hearing provides another opportunity for public comment and Council discussion prior to final approval. President Waibel asked the "Appearance Of Fairness/Conflict Of Interest" question with all Cou~lcil members being seated. Ron Hough, Planning Department, stated the first City Council public hearing was conducted on June 27 with excellent comments being made at that hearing and further discussed. A number of changes have been tentatively approved, coming out of Study Sessions, some being fine tuning to the text and minor changes to the map. The most significant change to the map has been the establishment of a new Parks/Schooi Zone (PS), created to protect the major parks and open spaces throughout the City. Another major change is the creation of a new Business Park Zone (BP), which will allow very light manufacturing and other businesses, being more compatible to surrounding residential areas than what is currently proposed for Industrial Park Zone. The Business Park would be a spinoff of the Industrial Park Zone and is being proposed for one area - the industrial park area along Thompson Drive. A number of issues have not been resolved and will be returning to Council for further discussion, which include: State mandated requirements that the City include hazardous waste treatment and storage facilities in the Zoning Ordinance; zoning around Smith Cove south of Evergreen Park to the north end of Highland District; residential density issue at north end of Snyder; and, a few minor procedural issues that will need to be addressed. Jim Adrian, 621 Washington Avenue, complimented the City Council for a job well done, noting that this has been a lengthy procass. Mr. Adrian expressed concern on the following issues: (1) recommended a period of time be allowed between the first and second hearing on adoption of the Zoning Ordinance with a hard copy, noting all changes, so that the public may review them; (2) recommended deleting the Industrial Park at the end of Highland; (3) recommended that time-frames be set for the staff and Planning Director for responding to the public...(there are many time-frames for the citizen to meet on various issues but nothing specified for the staff/Planning Director decision issues) - also establish a table listing the different types of decisions and time-frames; (4) On Page X20, paragraph "B" at top of page relating to Hearing Examiner with respect to appeals of administrative variances or special use permits...Mr. Adrian suggested deletion of this all together and eliminate the confusion. Req Robinson, representing himself as well as the Board Of Realtors, thanked the Council and everyone who worked on the new proposed ordinance and urged the Council to proceed and get it adopted. Norm Walton, 2518 N. Wycoff, expressed concern with the availability of drugs in residential areas and stated along with education needs to come correction. Mr. Walton's concern as to the proposed Zoning Ordinance was in the area of Single Family Zoning, particularly relating to watenfront properties. Mr. Walton noted that the intent of the section SF is expressed well, however, implementation is another matter. He did not support the proposed "0 plot line setback nor did other neighborhood residents~ who he had contacted. He felt it was just another TAPE #561 #0237 TAPE ~560 City Council Reg. Mtg. Minutes July 27, 1988 Page 4 of 6 word for duplex and did not want high density in a neighborhood that is currently low density. Mr. Walton did not support spot zoning and stressed the importance of consistency. James SkirvinG, 1555 Marguerite, questioned the legal authority of the City to rezone, or downgrade, people's property. Laura Anderson, Acting City Attorney, stated the authority is statuted, in the law, the nature being it would be in the public interest. Mr. SkirvinG quoted a legal opinion he had received previously from Mr. Thompson, a Tacoma Attorney, noting that there is a legal procedure for down zoning or changing a zone which is the same procedure for obtaining a zone. Mr. SkirvinG expressed his desire to change the Light industry zoning designation on a property at the end of Werner Road to return to its previous zoning to allow him to develop for low income housing. Also Mr. ShirvinG strongly suggested that the Planning Commission look into the Supreme Court decision on "Greenbelt" issues ana what it means. George Allen, 1300 N.E. Dawn Rd., expressed concern over assessment of property when changing zones and questioned if the City is required to notify the County of every changed zone so they can reassess the properties in those areas. Dawn Woolsey, 1424 Worrall Drive, proposed a change of the current SF designation for the area on the side of Almira Drive towards K-Mart and Value Giant because of the need for a greenbelt between the residential and business district. If this area is opened up for housing it could create a real traffic/speeding hazard. Joyce Davidson, 211 Shore Drive #302, spoke to the Thompson Drive proposed Industrial Park and expressed her appreciation for Council's consideration to modifications of the industrial use at that site for the protection of environmental assets. Also, she spoke informally as a member of the Bremerton School Board for Council's consideration of the impact of heavy traffic directed near the new Br'emerton High School due to the industrial type traffic that would be supporting the Thompson Drive businesses. A1 LaLandd, Halverson, expressed his concern over the 0 side setback and felt that it would just be a way to allow duplexes in single family dwelling areas. Secondly, he expressed concern regarding the large number of areas being designated as high density and the lesser use of low to medium density. Mr. Hough mentioned the issue of takings is spelled out in RCW's and it was addressed when this process began and would be available to the public if they wish to contact the Planning Department. Also "0 plot line" information is available for' anyone desiring more information through the Planning Department. President Waibel stated for compensation" is illegal. clarification that "taking without M/S/C/U(Collins/Colvin) to continue the public hearing on the new proposed Zoning Ordinance and Zoning Map for the City of Bremerton. 7A - CONTINUED PUBLIC HEARING - RESOLUTION #2223 - AMENDMENT OF BREMERTON SHORELINE MANAGEMENT MASTER PROGRAM, #AB88-188 President Waibel asked the "Appearance Of Fairness/Ccnf!ict Of Interest" question with all Council members being seated. Kay Wilson; Planning Department, briefly reviewed information provided to Council prior to the commencement ef the meeting, TAPE #561 City Council Reg. Mtg. Minutes July 27, 1988 Page 5 of 6 noting that Exhibit F is a brief description of three issues that were raised after the public hearing held July 20th which include: (1) Llaximum fine amount for General Criminal Penalty with DOE recommended change from $5,000 to $10,000 - due to the fact that the City is not allowed by other RCWs to charge a fine in excess of $5,000 the staff recommendation is to change the maximum fine to $5,000; (2) Twin Lakes Reservoir - question whether or not it should be included in Master Program. Ms. Wilson noted that the Utility Department indicated that the capacity of the reservoir is under the 20 acre criteria and that this information can be documented but no change can be made to the Shoreline Management Program without an amendment to that State regulation that includes Twin Lake Reservoir. Th3refore, documentation should be developed with an amendment drawn up and presented to the State Legislature noting the correct measurement of the Twin Lakes Reservoir; (3) View Protection - citizen concern..: "the 25 ft., height limit in residentia? designations does not sufficiently protect neighboring view properties, particularly in older areas where lots are narrou as well as shallow and heights should be limited to one stor~~, with two stories allowed if neighboring views will not be obstructed". If consideration is given to this concern, it would be limiting heights to one story, making it difficult to upgrade'older homes on smaller lots, particularly in combination with the 25 ft., shoreline setback and the 40~ open area requirements. Greater flexibility could be built into the SMP, but further study is required to develop workable regulations that do not create more problems than they solve. Staff recommendation is to make no change to the SMP at this time but to direct staff to develop a proposal for view protection provisions for consideration at a later time. The developed proposed would bei forwarded to the Planning Commission for their recommendation an~ then be brought before the City Council. Ms. Wilson explained EXhibit E, the model~ motion with the addition to the motion: "6. GENERAL CRIMINAL PENALTY:... PROVIDEE, that the fine for each separate offense for the third and a~l subsequent violations in any five-year period .... shall be not ?ess than five hundred dollars ($500.00), nor more than five thousand dollars $5,000.00). Ms. Wilson noted that if the Council had additional issues they want addressed that they pursue them at a later date, but listing them in a motion to establish their existence and direction to staff for further study and review. And, staff recommendation is to=approve all recommendations as outlined which will improve the existing Ordinance. Michae~ Hosea, 1548 Elizabeth Avenue, supported action to provide view protection in neighborhoods and would be very angry if someone took away the little view she does have. ~' Mr. Homing stated he was concerned with lots of issues and particularly with the Twin Lakes Reservoir which should be further investigated and not included in the Master Program. Mrs. Horton expressed her concern that residents should be notd. fied of proposed residential development along shorelines/and shoreline access structures. Ms. Horton felt that the proposed new ZcninU Ordinance should be apprqved prior to the !!approval of· the Skoreline Master Plan. Mr. Collins questioned if Casad Dam came under the State law statute of 20 acres or more. Ms. Wilson stated \,yes because any resexvoir of 20 acres or larger is included. And, he supported keeping the Twin Lakes Reservoir as well as Casad Dam excluded from the Plan. ~0924 ~808 #2305 ~2393 TAPE #561 City Council Reg. Mtg. Minutes July 27, 2988 Page 6 of 6 Mr. Johnson did not support pushing through an incomplete document but preferred to have a good package put together. Ms. Wilson noted that if approval is given at this time it would not go into affect until November. If the plan is not submitted Friday there will be a six months delay and noted that there areas in the plan which would affect the dcwntown waterfront development, such as public access.and height provisions. M/S/C(Overson/Dawkins) to approve the Shoreline Master Program as proposed in Exhibit E and as revised. Amended Motion: M/S/C(Horning/Colvin) moved to Regulation 4b through 4C(f), to be amend the motion to exclude addressed at a later date. VOTE: In Favor: Crutcher, Horton, Horning, Waibel, Collins, Dawkins Colvin Oppose: Johnson, Overson Vote on Main Motion: In Favor: Oppose: Colvin, Dawkins, Collins, Horning, Crutcher Overson Johnson, Horton, Waibel M/S/C/U(Johnson/Colvin) moved City Council direct staff to prepare (1) additional amendments tO Shoreline Master P-lan of Items 1 and 2 of Exhibit G and comments provided to staff by Russ Johnson regarding Kitsap Lake, Kitsap Bog, etc., and protection for the single family neighborhood as discussed by Mrs. Horton; (2) as well as preparing a change to the Zoning Ordinance that would address views and solar access; (3) and that the changes to the Shoreline Management Plan be presented to the City council by October 15, 1988, and changes to the Zoning Ordinance by 1 December. M/S/C(Overson/Horning). to approve Resolution #2223, Resolution of Intent To Adopt. VOTE: In Favor: Oppose: Overson, Crutcher, Horton, Horning Collins, Dawkins, Colvin, Johnson Waibel With no further business meeting adjourned at 8:22 p.m. KATHLEEN L. TY CLERK APPROVED HANK WAIBEL, Council President City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault