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HomeMy WebLinkAbout02/08/95TAPE #1262 UNAPPROVED DRAFT COUNCIL APPROVED FEB 22 1995 CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 #0029 #0049 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, February 8, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos Montgomery, John Law, Richard Neville, and Lon Overson. Councilman David Farr was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given Captain Terry Winters, of the Salvation Army. CONSENT AGENDA A. Minutes of Meeting - January 18, 1995 #AB95-019 B. Minutes of Meeting - January 25, 1995 #AB95-020 M/S/C/U(Neville/Dawkins) presented. to approve the Consent Agenda as CLAIMS/CHECK 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 that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on February 8, 1995, the Council does approve for payment those vouchers included and further described as follows: 181982, 181983, 182033 through 182177 in the amount of $238,974.84; and Retirees Payroll for the period ending January31, 1995, in the amount of $62,547.71. President Huff-Menees made the following announcements: (1) Council will hold a Joint Study Session with the Planning Commission on Monday, February 13, 1995, 6:00 - 9:00 P.M. at the Public Works Facility/Oyster Bay Avenue. The topic for that meeting will the City's Comprehensive Plan - Land Use, Transportation and Capital Facilities. (2) The West Narrows Neighborhood Information Network will meet Tuesday, February 17, 1995, 7:00 P.M. at the Neighborhood Christian Center (covering Council Districts #4, #5 and #6). TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 2 of 10 (3) On Thursday, February 16 a fund raising event for the Pendergast Regional Sports Complex will be held at the Cloverleaf Tavern. COUNCIL MEMBER REPORTS Mr. Winters reported on Saturday, February 4, he had the honor of representing the Mayor and City of Bremerton, as Mayor Protem, at a local NAACP event. He was very impressed with the motivational speaker Captain Johnson of the Naval Hospital. He congratulated Ms. Barbara Peyton, the new elected President of the local NAACP Chapter. Mr. Colvin reported he received good reports from people who attended the NAACP event, and thanked Mr. Winters for representing the City at that event. He congratulated President Huff-Menees for the great meeting of the Council Coalition group that met on Tuesday evening. He found the program to be very educational. He invited a NARFE representative to come before Council tto talk about their organization and she will make a presentation under Public Recognition. He reminded everyone of the meeting on Thursday, 6:30 P.M., at the Kitsap Regional Library, to help design Blueberry Park, which is located in east Bremerton. He emphasized this opportunity is not confined just to the citizens of east Bremerton. Mr. Dawkins reported the Council Coalition Dinner meeting was very nice. Mr. Montgomery thanked everyone who attended the joint Neighborhood meeting for Districts #6, #7 and #8 on February 2. He was pleased with the good input from the citizens on the kinds of improvements they would like to see at Forest Ridge Park. The Chief of Police also fielded questions from the residents and they are now looking forward to seeing if what he commented on will become a reality. Future District meetings will be announced later. Mr. Law announced District #3 will hold its Neighborhood meeting on Tuesday, February 21, 7:00 P.M., at the Senior Center. The topic at that meeting will be "Planning For A Catastrophic Emergency And What You Need To Do For Your Self And What Support You Can Expect From The City. The presenters of that program will be Phyllis Mann, Kitsap County Emergency Preparedness Program and Bremerton Fire Chief Mick McKinley. He emphasized this program is not the "K-Prep" information. Mr. Overson stated emergency planning is quite popular lately...his wife is sponsoring such a program for their Blockwatch group, which became expanded when they announced the topic of their meeting. He also encouraged people to plan to attend the District TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 3 of 10 #3 meeting. Mrs. Huff-Menees thanked the residents who attended the District #6, #7, and #8 Neighborhood meeting. She was pleased that a good crowd attended that meeting and she hopes that trend will continue for future meetings. MAYOR,8 REPORT Mayor Lynn Horto_n reported on Monday, February 6, she attended a neighborhood meeting to review the communities needs pertaining to the expansion of Evergreen Park. She was pleased with the number of people attending that meeting. The process for that park plan is a little different than the one for Forest Ridge Park in that the designers gave a basic outline of the park and asked the public to start with a blank easel and throw out ideas and suggestions of what they would like to see as part of park expansion. A follow-up meeting will be held at the end of the month. In response to emergency preparedness, the one thing the community needs to know is that in the event of a major earthquake the City is planning for a worse case scenario, which means the possibility of both bridges going down, and that the City's attention will be focused on the location of the largest population (during daytime hours it would be Puget Sound Naval Shipyard), which means it may take some time for City employees to reach the rest of the community to respond to their needs. The best thing that people can do is to get themselves and their families prepared. She receives lots of requests from military ships personnel wanting to volunteer their services to some kind of project while they are in port. She is looking at the possibility of matching that volunteer help with people in the community, who need help in preparing their homes for emergency situations, such as an earthquake. She also enjoyed the Council Coalition Dinner meeting on Tuesday evening. President Huff-Menees asked if there was any news on the outcome of the School Levy Election? Mayor Hotton stated as of today the votes reflect 61.09% in favor and approximately 1,000 absentee ballots will be counted within the next few days. PUBLIC RECOGNITION eordy Byrd announced he will hold a K-Prep meeting, at his residence, on February 23, 1995, 6:30 - 8:30 P.M. This past week he hitchhiked to Olympia for a public hearing on "Run Away Youth" and when he arrived there he discovered the hearing had been cancelled. He was very disappointed that no one from the Run Away Alliance had contacted him about the change in hearing date. He attended the District #6, #7 and #8 neighborhood meeting held on February 2. He also want the puboic to be aware of the fact legislation has been passed that addresses run away children. Myra Cloduis, NARFE Representative, gave an overview of the TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 4 of 10 National Association Of Retired Federal Employees (NARFE) organization, who they benefit and how someone can become involved in their program. She emphasized their Income Tax Assistance program is underway. David Wi11~ams, member of the Citizen Involvement Committee for the Wastewater Treatment Plant Odor Control Project, announced they will be holding the second public information meeting on the odor control project on February 21, 5:30 P.M., in the meeting room at the Public Works Operations Center, 100 Oyster Bay Avenue. The purpose of this meeting is to provide an update status of the project as it is currently on going and put forth some information on concerns raised by the public at their first meeting that was held several months ago. His group recently adopted a Charter, which has resulted in providing some openings for additional members. Application forms will be available at the public meeting on February 21, or they can contact Engineer Tim Richard at the Utilities Department on Olympus Drive. The Committee's Charter expands some of the original criteria for serving on the committee by not limiting it to people who live within the immediate vicinity of the wastewater treatment plant and including people who are served by the collection system for the wastewater treatment plant or people who are property owners, but may not reside within those areas. De1 Knauss, Chairman of the City's Comprehensive Plan Citizens Advisory Committee (CAC), thanked the members of the CAC for their diligent work over the past two years. This committee worked on bringing the City's Comprehensive Plan into compliance with the Growth Management Act. He read into the record a Resolution passed by the CAC committee that out lined their formation, the level of cooperation between the Bremerton Planning Commission, Citizen Advisory Committee and the Bremerton Department Of Community Development. He attended the District #6, #7 and #8 neighborhood meeting and even though there was some negative response to proposals for Forest Ridge Park, the point is if we are going to move ahead in Bremerton we have to have areas for kids. People who oppose basketball courts must remember that rules will be set and if they are not followed the City will cease the activity. He finds it exciting to see interest shown in parks and funding provided for upgrades. Ron Hough, Bremerton Planning Manager, thanked the Citizens Advisory Committee for 28 long meetings over a two year time frame, helping staff put together what is believe to be a good Comprehensive Plan that meets the requirements of the Growth Management Act. It concerned him that there has not been the degree of public attendance at their public hearings that they would like to have. A series of public hearings over the past two TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 5 of 10 months have been held as each element of the plan goes through the Planning Commission. Two final elements, out of the total 11, have not been heard yet and will be discussed at the Planning Commission meeting on February 21, which is the last scheduled hearing. He encouraged the public to come to the Planning Office or call 478- 5275 to find out what is in the plan. Another opportunity for the public to become informed on this plan will be the joint Council and Planning Commission Study Session on Monday, February l3, 1995, 6:00 P.M., at the Public Works Facility on Oyster Bay Avenue. City Deborah Jackson invited the City Council to a Black History event at the Seventh Day Adventist Church on February 11, their third annual Black History Program. She listed the following events planned in recognition of Black History Month: (1) February 11, 7:00 P.M. - Sub Base Bangor Chapel - Gospel Concert. (2) February 19 - Sub Base Bangor CMO Club - Carl Mack will be the guest speaker (Admission $15.00 per person). (3) February 25, 6:00 P.M. - 10th Annual Black Historical Society Celebration, hosted by Pat Thompson and Diane Robinson (4) February 25 - Sub Base Bangor - Parade 7A - TO CONSIDER A LETTER OF INTENT FOR THE ANNEXATION OF THE SCIEPKO/LUNDE ANNEXATION AREA, #AB95-021 This is the initial step in the Petition method of annexation as defined by RCW 35.13.125. This action will allow petitioners to move ahead in a process that will eventually lead to the inclusion of their properties in the City limits of Bremerton. According to statute, the City Council must determine the following within 60 days of receipt of the Letter of Intent: Will the City Council accept, reject, or geographically modify the proposed annexation area as presented by the petitioner; and Will the City Council require the simultaneous adoption of a comprehensive plan and land use designation for the area, or allow provisional default zoning as described in BMC 21.02.260; and Will the City Council require the area to assume its proportional share of existing City indebtedness. Terrie O'Neill, Municipal Services Coordinator, displayed a map showing the annexation area. The 10% petition is the initial step for annexation and contains 100% of the actual property owners within that area. The site is comprised of approximately 75 acres that is partially developed with a few residential dwellings. The TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 6 of 10 intended use of the property is for commercial development in conjunction with the Anderson Creek property that the City surplused earlier this year. Default zoning is being requested for this area because it speeds up the annexation process and has already been through the County zoning process and is zoned for either business or industrial park. The site could come into the City at either of those zones and it will have a formal hearing before Council within 60 days. Staff recommends that the annexation area assumes its proportional share of existing City indebtedness and that the geographically boundaries follows the parcel lines and creates the best boundary possible. The area is adjacent to existing City Limits, which is the Anderson Creek property. If this annexation is to go forward without an appeal to the. Boundary Review Board, annexation would become effective mid March. Public comment - none. Mr. Oversonquestioned the appropriate time to discuss the pros and cons that would be involved with this proposal? Ian Sievers, City Attorney, explained this meeting is for discussing the subject of the annexation. It is set up in two stages and the 10% petition is a called meeting for Council to decide whether or not they want to consider annexing the area so that the proponent/petitioner does not spend a lot of their time gathering signatures if Council is not interested in annexing this particular piece of property. Council must also set conditions that will then go into the petition, actually reciting minutes of this meeting into the petition so that the people signing the petition know the conditions Council is placing on annexation, if it is coming into the City. Mr. Overson stated he believed the subject area was served by City water, however, he was not sure if sewer service was available? Mrs. O,Neill stated in the long term the City hopes to provide sewer to the subject area, but so that the City can feel comfortable with the zoning requested by the applicant, we want to make sure sewer would be readily available to that area. A new precedent has been established in working with the City of Port Orchard... a letter of availability of temporary sewer services to that site has been secured from the City of Port Orchard. Positive discussions have been held with Fire District #7 to either contract with them for fire service or the City would provide those services themselves depending on the size of the development. Mr. Neville asked if there was adequate buffer between the annexation area and the City's well heads, and has the City looked into the future impact of a business park close to those wells? Mrs. O,Neill stated the purchase agreement with Sciepko/Lunde addressed protection of the well heads. Mr. Sieves explained the property is currently zoned in the County as industrial park and if #1302 #1369 TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 7 of 10 this development goes forward the City might have to condemn some easements across the property, however, that does not change with the annexation. The City's Well Head Protection study is going forward, but not related to the annexation. It may be important when Council addresses zoning - interim zoning will be assigned immediately upon annexation, but there will be a City review of the zoning within 60 days by the Planning Commission, which may be a more appropriate time to consider compatible land uses with the City property. Mrs. O,Neill pointed out the site has already been zoned for business use within the County. M/S/C/U(Colvin/Dawkins) motion to a) Approve the Notice of Intent to allow the annexation process to move ahead; and b) Allow the administrative assignment of interim land use designations as provided by BMC; and c) Require the area to assume a proportional amount of existing City indebtedness. 8A - RESOLUTION NO. 2495, SETTING HEARING DATE FOR THE VACATION OF THE SOUTH SIDE OF 5TH STREET, 30 FEET WEST OF GORST AVENUE (AT THE WESTPARK LANES BOWLING ALLEY LOCATED AT 540 BRUENN AVENUE); APPLICANT: I~ZORE ENTERPRISES, #AB95-022 The City Council is being requested to hear an application for the vacation of a portion of the 5th Street Right-of-Way in the Auto Center Way commercial district adjacent to the Westpark Lanes Bowling Alley. Title 35 R.C.W., Chapter 35.79 requires "...legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution". Public comment - none. M/S/C/U(Law/Colvin) to approve Resolution No. 2495 setting day for public hearing (proposed public hearing March 8, 1995, 28 days after Resolution adoption). 9A - ORDINKNCE NO. 4500 (SECOND READING) K~NEXING CERTAIN PROPERTIES TO THE CITY OF BREMERTON FOR MUNICIPAL PURPOSES, #AB95- 015 The City of Bremerton holds lands southwest of the City's urban center for the purposed of Sludge application and Water shed protection. Five parcels of land, recently acquired, are not incorporated into the City limits. Cities may, by majority vote of the legislative body, annex territory outside of the City limits for any municipal purpose if the territory is owned by the City according to RCW 35A.14.300. #1517 #1500 TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 8 of 10 Per RCW 35A.14,220, review by the Boundary review board is not applicable to annexation for Municipal Purposes. Public comment - none. Mr. Neville asked the location of the railroad tracks within Parcel #4? Terrie O,Neill, Municipal Services Coordinator, provided a map showing the railroad tracks running across the middle of that particular parcel. She noted railroad tracks are always exempted out of the annexation. M/S/C/U(Overson/Montgomery) motion to pass Ordinance No. 4500 on second reading, to annex certain properties to the City of Bremerton for municipal purposes. 9B - ORDINANCE NO. 4501 (SECOND READING) VACATING THE ALLEY WAYS WITHIN THE BLOCK BOUND BYWERNER ROAD, MADISON AVENUE NORTH, MONROE STREET WEST, AND BLUMER STREET, #AB95-017 David Barcelon is planning to develop a nw automobile sales lot on property recently annexed into the City in the Auto Center Way industrial district. In order to consolidate all the property needed for the project, Mr. Barcelon is requesting vacation of the alley ways contained within his property and Madison Avenue, which also passes through the site. In exchange for some of the R-O-W. Mr. Barcelon proposed to dedicate property for public R-O-W use. Ian Sievers, City Attorney, stated there were changes made to both ordinance from first reading under Secton 2(1) adding the phrase: "...including dedication of parcels described in exhibit C and D as pubic right of way". This was to note that part of the compensation to the City for vacating these portions was the rededication of additional parcels owned by the applicant. The ordinance does now have attached Exhibit's C ann D and are respectively two legal descriptions for the two small portions of dedicated property as shown on the map (pg. 50 of the Agenda Packet). Public comment - none. Mr. Colvln asked if the change identified by Mr. Sievers changed the ordinance appreciable to revert back to first reading? Mr. Sievers stated he did not think so because before the ordinance stated the compensation would be established by the City Attorney's office and all that is being done is detailing that compensation in the ordinance. M/S/C/U(Montgomery/Colvin) to pass Ordinance No. 4501 on second reading, vacating the alley ways within the block bound by Werner Road, Madison Avenue North, Monroe Street West, and Blumer Street. #1531 #1689 TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 9 of 10 9B - ORDINANCE NO. 4502 (SECORD READING) VACATING MADISON AVENUE WEST BETWEEN WERNER ROAD AND WEST MONROE STREET, #AB95-017 David Barcelon is planning to develop a nw automobile sales lot on property recently annexed into the City in the Auto Center Way industrial district. In order to consolidate all the property needed for the project, Mr. Barcelon is requesting vacation of the alley ways contained within his property and Madison Avenue, which also passes through the site. In exchange for some of the R-O-W. Mr. Barcelon proposed to dedicate property for public R-O-W use. Public comment - none. Mr. Neville asked if the property owner was made aware of the changes made to the ordinances and has no problem with them being included in the ordinance? Ian Sievers, City Attorney, stated no, however, that was discussed in the package for compensation. The amount paid to the clerk was the net amount in cash after valuing the dedications. Another reason it does not have to revert back to first reading is the Planning Commission also addressed the dedication and there was discussion in their minutes of those two parcels being dedicated. M/S/C/U(Colvin/Montgomery) to pass Ordinance No. 4502 on second reading, vacating Madison Avenue West between Werner Road and West Monroe Street. 9C - ORDINANCE NO. 4503 (SECOND READING) ANNEXING ANAREA KNOWNAS THE ALPINE AREA (7 ACRES) AND FIXING THE EFFECTIVE DATE OF ANNEXATION. #AB95-018 The City of Bremerton holds lands southwest of the City's urban center. The Alpine site, recently acquired, is not incorporated into the City limits. According to RCW 35.13.125, upon the presentation of a legally sufficient petition (75%) the City legislative body must hold a hearing to listen to take comments pertaining to the annexation. Following the hearing, the City Council shall entertain a motion on the passage of an Ordinance to annex the site. The City Council accepted the area's 10% Letter of Intent at their regular meeting on January 25, 1995. The City has also submitted an application to the Boundary Review Board for their consideration. Public comment - none. M/S/C/U(Montgomery/Winters) to pass Ordinance No. 4503 on second reading, annexing an area known as the Alpine Area and fixing the effective date of annexation. TAPE #1262 City Council Reg. Mtg. Minutes February 8, 1995 Page 10 of 10 With no further business meeting adjourned at 6:26 P.M. KATHLEEN L. McCLUSKEY, City Clerk City of Brei~ KLM/SH-M/me cc: Normal Distribution File/Vault