HomeMy WebLinkAbout01/09/85TAPE# 208
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UNAPPOVED DRAFT
COUNCIL APPROVED JANUARY 16, 1985
CITY COUNCIL MEETING MINUTES
January 9, 1985
The regular meeting of the City Council of the City of Bremerton, was
held in the Council Chambers, 239 4th Street, Bremerton, Washington, Wed-
nesday January 9, 1985 , at 5: 30 p .m. with Council President Art Anderson
presiding. Present were E. Sturdivant, Spencer Homing, Roy Mosely, Clyde
Pachek, Bil Amo, Jim Adrian and Russ Johnson. Also present were Mayor
Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McClus-
key. Absent was Councilman Phil Drouin.
The meeting was opened with the Pledge of Allegiance, led by President
Anderson with Councilman Johnson giving the invocation.
Ms. McCluskey stated that items #A, B & C will be considered together and
that item D is information only. Minutes of the January 2, 1985 meeting,
#AB85-006, Item B - Public Defender Contract, #AB85-007, and Item C -
1983 CDBG Amendment Request to cover additional costs related to removal
of Evergreen Pool and a handicapped accessible ramp on the South side of
4th Street between Washington & Pacific, #AB85-008.
#0077 M/S/C/U/(Pachek/Sturdivant) to approve the Consent Agenda Items A - C, as
presented.
Ms. McCluskey presented Item D, Brem-Air garbage disposal Annual amendment
to rate. The contract with Brem-Air calls for an annual rate adjustment based
on the CPI Index which equaled 6.046% per the September 1983/1984 index.
Pursuant to the contract, the increase does not require Council approval.
Councilman Anderson objected to the terms of the contract stating that the increase is
the only one of it's type throughout the State. Mr. Don Lindgren
owner of Brem-Air, introduced Mr. Richard Dunlap of Parametrix 'who explained
that contract is to cover long-range disposal site plans which will expend
the majority of every dollar spent.
CLAIMS/WARRANT REGISTER, #AB85-009
Ms. McCluskey read Regular Warrants, #8468-8569 in the amount of
$96,765.59 and Special Warrants, #8570, in the amount of $78,614.51, audited and cert- '-
fied by Darlene Herrmann as recovered by RCW 42.24.090, and recorded on list-
ings made available to the City Council.
#0149 M/S/C/U/(Sturdivant/Johnson) to approve Warrants Register as presented.
MAYOR'S REPORT
Mayor Morrie Dawkins introduced Mr. J. Michael Liebert for consideration
and appointment to the Civil Service Commission. If confirmed Mr. Liebert
will fill one of two vacancies on the Board of 5 members.
#0171 M/S/C/U/(Mosely/Horning) to approve Mayor Dawkin's request, appointing Mr.
J. Michael Liebert to the Civil Service Commission.
Mayor Dawkin's requested that the City Clerk read the list of Citizen volunteers
who will be assigned to the committee to make up a new Zoning Ordinance,
Comprehensive Map and Plan. Those present were asked to stand and thanked by
the Mayor and Council for volunteering their time. Joe Gero, Planning Dirctor
stated that the Committee's first assignment will be immediately following
this meeting.
Mayor Dawkins had City Clerk McCluskey read two Proclamations; (1) designating
January 12, 1985, at Jeannie Jackson/Disabled Awareness Day, and (2) recogniz-
ing Lacy Rae Brunetti (Accountant WWFC Proj. ) for her dedication and profes-
sionalism. Both women were presented their Proclamations.
PUBLIC RECOGNITION
Ms. McCluskey was requested, by Councilman Drouin, to read two thank-you cards
from his grandaughter and friend, thanking Councilmen for the opportunity to
view Legislative matters at last weeks Council meeting.
City Council Reg. Mtg. Minutes
January 9, 1985
Page 2 of 6
Mr. Bert Gegner, 934 Washington Avenue wanted to encourage Council not
to forget Downtown Redevelopment and express concerns that he doesn't see
those driving forces who use to support redevelopment at Council.
Mr. Donald Lindgren, Brem-Air Owner, stated he understood the feelings
expressed earlier by Councilman Anderson, however, disagreed that his is
the only operation with this type of contract. He stated there are several
in the State of Washington and that his rates are within the lowest in the
State. He expressed the need for revenue to subsidize the Olympic View
Landfill which is scheduled for closure during 1994. He said during the
use of the landfill, an extimated $6,000,000.00 will be expended for it's
operation and that even after closure, it will need maintenance, as required
by the EPA, for another 20 years.
Mr. Dunlap, Parametrix, spoke again explaining the improvements, betterment
and maintenance of the landfill noting the aerial photos, provided Council,
that the largest expense has been to line the fill. The sides are lined
with heavy plastic and the base with clay.
Councilman Adrian felt most the complaint stems around different charges
between those living in the City and County or business accounts. Mr. Dunlap
assured Council that all customers are billed and treated equally.
Ms. Jeannie Jackson, Chairman/Mayor's Committee on Handicapped, spoke about
SB4490 which allows an adjustment to paying a heating bill to 7% of the balance
during the months of Noveber-March, for those individuals on limited income. She
said she was opposed to the curve cut idea on 4th Street and
would favor spending the money on more critical needs such as better access
to the Senior Citizen's center at 13th & Nipsic.
COUNCIL MEMBERS REPORTS
Councilman Pachek reported on the Wastewater Facilities Construction project,
listing each plant and giving a status report. He noted that Plant #8 has
been completed and in opration nearly 2 months. He anticipated that the whole
project will be operational in the very near future.
Councilman Amo, Chairman of the Council' s Committee on Planning, encouraged
Councilmen to attend meetings on Council afternoon (Weds.) frcm 4:00 - 5:00
p.m. in Council Chambers. Councilman Anderson asked City Attorney whether
having a quorum is a problem at these meetings with Mr. Broughton stating no.
Councilman Anderson, requested attendance frcm elected officials and manage-
ment staff to be present at 10:15 at the downtown YMCA facility. Representa-
tives from the "Burlington Endowment" foundation are going to visit and there
is a possibility that the "Y" will be successful when applying for a Grant
through the foundation.
REQUEST FOR ZONED PARKING - 6th & HIGH, #AB85-611
Ms. McCluskey presented a request frcm the business owners to revise the
parking restriction at 6th & High (100' No. of High Street). This request
appeared during the December 19th Council meeting, however, Clerk McCluskey
was directed to notify individuals in the area of the pending request for
change to short-term parking. Mr. McCluskey stated that the Engineering
Department did not appear to be concerned however, Police Traffic sent a memo
via Sgt. Bob Johnsen who indicated that they recommended denial of the request.
Ms. McCluskey also read a letter frun Ms. Cyndy Vokoch who could not determine
which area was being considered therefore he would oppose the whole plan.
Mr. Neils Neilson, proponent, explained the 100' coverage and the area it
would involve.
#1489 M/S/(Amo/Adrian) to approve the request for 2 hour parking/posting at 6th &
High Avenue, first 100' north on High. Councilman Mosely objected because
felt there would be problems in enforcement. Councilman Sturdivant asked
the Chairman if any opponents were present to speak. Councilman Johnson agreed
with Councilman Mosely and added the City is not in the business of providing
parking for businesses.
VOTE: In favor; Sturdivant, Homing, Pachek, Anderson, Amo, Adrian (6)
Opposed: Johnson (1)
Abstain: Mosely (1)
Motion PASSED
City Council Reg. Mtg. Minutes
January 9, 1985
Page 3 of 6
6:30 p.m. - 6:40 p.m. recess.
KITSAP COUNTY FIRE DISTRICT #7 - STATION RELOCATION, #AB85-017
Ms. McCluskey presented a request from the Water Utility, Bill Duffy,
Superintendent, to allow Kitsap County Fire District #7 to work with
the Water Utility whereby Fire Chief Bill Meigs (Dist. #7) and Mr.
Duffy can discuss and evaluate selection of a future site for a replacement
fire station. Councilman Johnson wanted it understood by Mr. Meigs that
it is City property with Councilman Sturdivant agreeing, we cannot give
property away. Councilman Amo expressed concern that it must be kept in
mind that the citizens of the City of Bremerton come frist regardless of
the needs of another agency.
#1846 M/S/C/U (Adrian/Mosely) to allow the Water Superintendent to work with
Kitsap County Fire District #7 in the evaluation and selection of a future
site for a replacement fire station, subject to administrative Policies &
Procedures, and City Counci Approval.
HEARING - REQUEST FOR ZONING ORDINANCE VARIANCE - BAY BOWL, WHEATON WAY,
#AB85-020; TO BE CONSIDERED:
1. ) Section 510 (3): Front Setback
2. ) Section 706: Compact Parking Stalls
3. ) Section 715 (11): Number of Parking Stalls
Ms. McCluskey presented a request for Zoring Ordinance Variance submitted
by Mr. Robert Mulnix, owner of the Bay Bowl, to facilitate the planned
remodeling, approved in the fall of 1984 by both the Planning Ccmnission
and City Council. It would mean better utilization of space available after
additional structures are complete. Each item (#1 - 3) will be dealt separately.
1. Section 510(3): Front Setback;
Ms. McCluskey asked Chairman Anderson to address conflict of interest question,
Ms. Carol Saari, Planner, gave a presentation on the Resolution passed by
the Planning Commission. Mr. Gero addressed Council and asked each to make
note of page #60-A in their Zoning Ordinance which defines the four conditions
referred to within the Planning resolution and basis for their final decisions.
Ms. Anna Laurie, Proponent's Attorney, addressed Council noting that the Depart-
merit of Transportation survey differs from the City's and request a minimum of
2 weeks continuance of #a Section 510 (3) - Front Setback. Ms. McCluskey stated
that due to pre-set hearing schedule, the earliest Council could schedule a
continuance would be the meeting of January 30th.
#2405 M/S/C/U/(Sturdivant/Mosely) to grant a request for continuance on item #1,
Section 510 (3) - Front Setback - Bay Bowl request for variance.
2. Section 706: Compact Parking Stalls;
Ms. Saari continued to item #2 stating the owners of the property were request-
ing to designate a percentage of 25% as compact parking stalls. Use of up to
25% of parking will allow maximiizing the number of stalls on the lot with pro-
posed size of 8 ft. x 18 ft. Under Resolution #735, the Planning Commission
referenced sections 1308.4 and 1380.5 of the Zoning Ordinance, addressing the
four. requirements for granting a variance and noted that most jurisdictions
allow up to 30% of required parking for compact parking. The Commission was
critical that the Zoning Ordinance has not been updated to allow this standard
practice. The Planning Commission voted 4 - 2 in favor of granting Section 706
Ccmpact Parking Stalls.
Mr. Scott Holman, Contractor for Bay Bowl, stated during his research, ba found
most facilities request 30% usage for compact stalls. He felt the property
owner is restricted in amount of area owned and that there should be no confu-
sion as to what the stalls are for. Ms. Anna Laurie, Proponent's Counsel,
agreed that the Planning Commission addressed the four requiremente for granting
a variance and especially special circumstances such as topography and surround-
ings.
Mr. Glenn Vockrodt, 1409 Marlow, attempted to give a brief history of the site
and building back when it was originally constructed as a theater. He stated
that at that time both gasoline and tires were rationed, therefore people using
the theater walked and the need for parking was not essential. He was opposed
to reducing size of spots and felt they could not accomodate small vehicles.
City Council Reg. Mtg. Mintues
January 9, 1985
Page 4 of 6
UNAPPROVED DRAFT
TAPE #209
Councilman Andersen stated the bowling alley lacked parking space and no
business can survive if it cannot meet public demand. Councilman Homing
stated that 8' x 18' is standard size across county. Councilman Johnson
felt the Planning Commission my have made an error in their recommendation.
Commission recommendation with Carol Saari stating the neighborhood group.
Councilman Adrian was in agreement with Commission that the proponent met
the 4 conditions as outline in the Zoning Ordinance and expressed concern
that the Council should not attempt to restrict use of owner's own property
under these circumstaces. Councilman Amo felt that approval would be
violating the Zoning Ordinance with Councilman Homing disagreeing.
#0242M/S/(Horning/Pachek) to approve variance as adopted by reference by the
Planning Commission, Section 706 (Compact Parking Stalls) to provide no
more than 25% of the required spaces for compact cars- (8 x 18 - 144 sq.
ft) and to provide a printed or metal sign (developer's choice) at the
front of each compact space. Sepcifically the 300 Sq. Ft. requirement is
not required. Discussion continued with Councilman Johnson
stating that he felt if Council approved, it would be against it's own law and Council
must enforce ordinance we have on the books, contrary to what
we would want. Councilman Mosely was unccmfortable with the variance and
felt the change should require designation of compact stalls. Councilman
Pachek called for the question.
VOTE: In favor; Sturdivant, Homing, Pachek, Anderson, Adrian (5)
Opposed; Mosely, Amo, Johnson (3)
Motion PASSED
3. Sectien 715(11) - Number of Stalls:
Ms. Saari presented the final request for variance by the proponent, Bay
Bowl, which maintains that bowling participants generally come as a group
of 4 in a single vehicle thus employing a car pooling trend and other juris-
dictiens require less than 6 parking stalls per lane. Proponents propose
to reduce the parking stalls per bowling alley lane from 6 parking stalls per
lane to 4 parking stalls per lane. Planning Commission per Resolution #736
voted to deny the request for variance stating they did not feel that special
circumstances apply to the variance. Mr. Scott Holman, developer for the
owner, stated his client had attempted to use the property across the street
by Handy Andy's grocery however that was not feasible. He further stated that
the Ordinance (Zoning) adopted in 1940 is excessive. Ms. Anna Laurie,. Attor-
ney for proponent cited a case in Washingtcn's courts which shows special
circunstances apply to the request for variance, and that the property again
has a topographical uniqueness which covers requirement A. B is covered in
that the area is necessary for preservation of a property right. C - Not
be a material detriment and certainly not public impact but improvement.
Mr. Bert Gegner is not in favor or against but noted reduction of stalls frcm
6 - 4 would meet present ordinance. Counci/man Mosely questioned the City
Attorney whether a member of the seated Planning Cumassien has a right to
discuss a totter already having been before tba CuL,~.~ssion. City Attorney
Bill Broughton stated it was okay if the member was speaking as a citizen
but he/she would ~aed to have a caveat in mind when addressing the body.
Mr. Charles Col/ins No. T~ayette, stated that the present formula for Bay
Bowl, equals only 3.15 spots per lane for parking whereby should the Council
approve the variance it will increase to a minimun of 4 spots per lane which
iS really an increase not a decrease. He noted he is not ~peaking for or
against the issue, merely clarificaticm because he is familiar with the pro-
perry.
Mr. Ivan Trimble, Cherry Place, opposes such variance and stated that it is
obvious proponents can find anything good if they work at it. Ms. Laurie
noted that the case she presented was the only case in Washington on this
issue.
Councilman Adrian had scme concern that this would mean every time a building
was remodeled the owner would have to bring property up to current parking
regulations with Mr. Joe Gero stating that isn't necessarily true. Only exten-
sive remodeling. Mr. Adrian asked if the City Attorney review the case sub-
mitted by the proponent with Mr. Broughton stating that they are not identical
however, the case Ms. Laurie presented probably is more restrictive than the
issue before Council tonight.
City Council Reg.Mtg. Minutes
January 9, 1985
Page 5 of 6
APPROVED DRAFT
#1649 M/S/(Johnson/Mosely) to deny variance Sec. 715 (11) - Number of Parking
Stalls, sustainting Planning Commission recommendation referencing Resolu-
tion #736.
VOTE: In favor; Mosely, Sturdivant, Amo, & Russ Johnson (4)
Opposed; Homing, Pachek, Anderson & Adrian ( 4 )
Motion FAILED for majority
Councilman Sturdivant asked for recommendation.
M/S/C/ (Adrian/Pachek) to approve variance to Sec. 715 (11), Number of Park-
ing stalls.
VOTE: In favor; Sturdivant, Homing, Pachek, Anderson & Adrian (5)
Opposed; Mosely, Amo, & Johnson (3)
Motion PASSED
8:20 p.m. - 8:30 p.m. Recessed
Councilmen Amo & Adrian excused themselves from the meeting.
GRANT APPLICATION APPROVAL - KITSAP LAKE,# AB85-018
Ms. McCluskey presented a request frcm the Planning department to allow
Mr. Richard Dunlap, Parametrix, to present two grant applications, as approved
by the City Council at it's December 12, 1984, meeting for submittal to the
State. At this time, the match is 75% (State) 25% (Local). There is a
possibility of EPA fund/rig the match ratio. The City' s application will
initiate the EPA request. It is recommended that the Council approve the
submittal of the Grant applications and direct the Mayor to sign and transmit
the Application to the State of Washingtin.
Mr. Joe Gero, Planning Director, stated that the State will be Eking for
the City in securing the grants. Councilman Johnsen stated that the Council
worked in length on this issue in study session and he was prepared to make
the motion.
M/S/C/U/(Johnson/Mosely) to approve the submittal of the two attached grant
applications and direct Mayor Morrie Dawkins to sign and transmit the appli-
cations to the State of Washington.
P.S.N.S. ANNEXATION, #A885-015
Ms. McCluskey presented a petition for Annexation, prepared by the City Attor-
ney's office, and delivered to the City of Bremerton, signed by the Command
of the Puget Sound Naval Shipyard and the Puget Sound Supply Center. The
Petition has also been signed by other affected property owners desiring to
re-annex the area described in the Petition into the City of Bremerton. Also
attached is a Memorandum of Understanding between the City of Brererton
and Puget Sound Naval Shipyard which requires approval of this Council.
Upon the acceptance of this Petition by the City Council, a date needs to
be set for a hearing at least ten (10) days from January 9, 1985. Subsequent
to said hearing, an ordinance will be passed by the City Council re-annexing
this territory into the City limits of the City of Bremerton. Staff recommendation
is to pass a motion accepting the Petition. Further that the date be
set for a hearing on this re-annexation. Approve Memorandun of Understanding
between Puget Sound Naval Shipyard and the City of Brenerton.
Mr. Bert Gegner inquired to the past outstanding debt and if the Navy would
be accepting this debt which City Attorney Broughton responded that it would
be too much to ask of the Government.
#2469 M/S/C/U/ (Mosely/Johnson) to accept the Petition, Set a date for a hearing on
this re-annexation and approve the Memorandun of Understanding between Puget
Sound Naval Shipyard and the City of Bremerton.
#2508 M/S/C/U/(Pachek/Johnson) to set a hearing date on January 23, 1985, at 7:00
p.m.
#2582 M/S/C/U/(Johnson/Pachek) to approve the Memorandun of Understanding even
though City Attorney Broughton stated it may be unenforceable at a future
date.
At this point, Ms. McCluskey stated that Item #8C - PSG Contract Amendment
has been pulled.
City Council Reg. Mtg. Minutes
January 9, 1985
Page 6 of 6
SUQUAMISH INDIAN TRIBE SALMON - ENHANCEMENT PROGRAM, #AB85-016
Ms. McCluskey presented a request from the Water Utility to support a proposed
Suquamish Indian Tribe Salmon - Enhancement Program which is similiar to our
referendum funding. Mr. Duffy stated that the tribe will be initially doing research
and studies on salmon.
Mr. Bert Gegner was opposed to giving approval to programs without restrictions.
Mr. Duffy responded that the City is not giving out programs but merely would
be supporting their efforts to seek funding for the program.
#3122 M/S/C/U/(Sturdivant/Johnson) to approve the request by the Suquamish Indian
Tribe Salmon for it's Salmon - enhancement Program.
ORDINANCE #3946 (2ND. READING) ANDERSON REZONE, AMENDING THE
CONDITIONS IMPOSED ON ORDINANCE #3709, #AB84-598
Mr. McCluskey presented Ordinance #3946, second reading, to amend Ordinance
#3709 and ccnditions imposed on the Anderson rezone. On Decenber 28, 1983,
City Council approved such request.
#3142 M/S/C/U/(Johnson/Sturdivant) to approve Ordinance #3946, amending
Ordinance No. 3709, Section 1, relating to conditions imposed on the Anderson rezone.
RESOLUTION #2054 - ANNUAL INCREASE FOR NON-UNIFORM RETIREES, #AB85-014
Ms. McCluskey presented for Council consideration, Resolution #2054. Prior
to the inception of the PERS Retirememt system, the City Administered it's..
own system. There are five (5) retirees remaining on this systen, all well
up in years. The fund has resources in excess of $250,000.00. It is recommended
the remaining retirees be given a 20% increase for 1985.
#3189 M/S/C/U/(Johnson/Horning) to increase the benefits of retired employees as
authorized by Ordinance No. 3411.
With no further business meetingadjourned at 9:02 p.m.
KATHLEEN McCLUSKEY
Director of Administrative Services
City of Bremerton
ART ANDERSON, President
City Council
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