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HomeMy WebLinkAbout01/09/85TAPE# 208 #0000 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 cc: Normal Distribution File/Vault