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HomeMy WebLinkAbout07/26/95TAPE #1303 UNAPPROVED DRAFT COUNCIL APPROVED AUG 19 1995 CITY COUNCIL MEETING MINUTES JULY 26, 1995 #0013 #0029 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 26, 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, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Councilman A1 Colvin. CONSENT AGENDA A. Minutes of Meeting - July 5, 1995 #AB95-153 B. Minutes of Meeting - July 12, 1995 #AB95-154 M/S/C/U(Neville/Overson) to approve the Consent Agenda. 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(Colvin/Dawkins) on July 26, 1995, the Council does approve for payment those vouchers included and further described as follows: 186435 through 186439, 186443 through 186739 in the amount of $854,009.84; and Retirees' Payroll for the period ending July 31, 1995, in the amount of $85,918.62. Vote on motion: Motion carried. In Favor: Abstain: Winters, Colvin, Dawkins, Montgomery, Huff-Menees, Law, Farr, Neville Overson President Huff-Menees made the following Announcement: (1) The City Council will hold an Executive Session immediately after this Council meeting to discuss "Real Estate Sale." (2) City Council Study Session on Monday, August 7, 1995, 6:00 - 9;00 P.M., in the Council Conference Room. Topics of discussion: Council Committee Reports, Proposed Change Of Fund For Contingency Fund, Kitsap Peninsula Visitor & Convention Bureau Update, TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 2 of 13 Juvenile Detention Facility Ballot Issue, and Roosevelt Field Replacement. (3) City Council Study Session on Wednesday, August 23, immediately following the City Council meeting in the City Council Chambers. Topic to be discussed: "Gorst-Bremerton Connector Project." COUNCIL MEMBER REPORTS Mr. Winters reported on the Westinghouse Open House held on July 20, and extended a special "Welcome" to all Westinghouse employees and their families. Mr. Colvin commented on the beauty of the northwest and how that was evident when he hosted out-of-town guests at a luncheon at the Space Needle. He complimented Larry Eyer, Director of KCAP and the KCAP Board of Directors, for doing so much for the community with so little. He requested the City Clerk respond to a question raised by a citizens regarding garbage service billing. Kathleen McCluskev, City Clerk, stated a citizens was concerned about what he viewed as a new policy by Brem-Air Disposa~ Inc., and he was opposed to having to pay in advance for garbage service. She also received phone calls from several other citizens on that issue. She contacted Brem-Air Disposal Inc., to find out if they had changed their billing cycle and the answer was they had not, but they had changed the billing format. Brem-Air has a two month billing cycle and they bill mid month (paying one month behind and one month ahead), which has been their standard procedure for a long time. The confusion came because of the change in billing program, computer and layout of their bill, so the May/June bill, instead of being due and owing and billed for the end of May, didn't get mailed until June and then was followed closely with the July billing for the July/August period. Mr. Dawkins reported construction of the new golf course is moving right along and the fairways are all being cleared. He reminded everyone that the grand opening of Pendergast Regional Park will be Friday, July 28, 4:30 P.M. Mr. Montgomez7 expressed his appreciation to Westinghouse for making it possible for him to have a personal tour of their facility since he arrived after the official "Open House" hours. He was very impressed with the facility and Westinghouse employees; and felt it would be a real asset to the City Mr. Law announced District #3 will not hold a Neighborhood Meeting in the month of August. Today he attended the ribbon cutting ceremony for Bachmann Park. The refurbishment of this park was a beautiful example of community working together, with the east side Rotary Club working with the City to come up with a beautiful area. TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 3 of 13 He commended the City's Parks Department and Public Works Department for their assistance in this project. Mr. Farr announced Council Districts #6, #7 and #8 will hold a combined District Neighborhood Meeting on Thursday, August 3, 7:00 P.M., at the Bremerton School District Office, located at BuNell and Montgomery. The program for that meeting will include a presentation on the "Juvenile Detention Facility" ballot issue; meet the Districts' "beat Police Officer Jim Burchett" and discussion of citizen concerns. He has two young houseguests, Ryan and Alana Smith, who are 11 and 12 years old, and he interested them in local city government. Mr. Neville reminded Park Avenue residents of the L.I.D. meeting scheduled for Monday, July 31, 7:00 P.M., at Evergreen Park Shelter. He also reminded everyone of the opening ceremonies at Pendergast Regional Park on July 28, 4:30 P.M.. Mr. Overson reported lots of things are ,happening downtown including: refurbishment of the mural in the downtown Post Office, which was handled by the Kitsap Historical Museum. The recent addition of "yellow footprints" on some downtown streets adds attention and excitement towards downtown businesses. Flower Baskets are flourishing and the Parks Department is to be complimented for their efforts in keeping them looking nice. He reminded everyone of the concert on the boardwalk Friday evening. Mrs. Huff-Menees also encouraged residents of Districts #6, #7 and #S to attend the August 3 meeting. An additional item has been added to the program for that meeting - the Missouri Committee will gave a status report . MAYOR'S REPORT Mayor Lynn Hotton agreed with Mr. Law that the refurbishment of Bachmann Park was a prime example of the Rotary Club and the City working together to create something very special for the community. She extended a special "thank you" to the Rotary Club for their part in that project. She extended an official "welcome" to the Westinghouse Corporation, their employees and family members. She was very impressed with their quality control section within their facility. She encouraged the public to attend the dedication ceremonies at Pendergast Regional Park on Friday, July 28, 4:30 P.M. She cited this project as another effort where the City, Kitsap County and the community joined forces to come up with a quality facility. Mayor Horton reported following a late night complaint from a Bremerton resident, she contacted the State about changing the Manette Bridge work schedule to reduce the late night noise level. TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 4 of 13 The new schedule will close down the bridge earlier in the evening and stopping the heavy noise work at 10:00 P.M.. President Huff-Menees reminded everyone that July 24-28 is the week for those filing for public office; and that the public is not allowed to make political statements or campaign statements during Public Recognition. PUBLIC RECOGNITION Police Chief Paul Du Fresne introduced Police Officer Nate Tincher, who recently received recognition by the local chapter of the Mothers Against Drunk Driving for being the highest producing police officer in Kitsap County in 1994 for drunk driving arrests. Nate is assigned specifically to "traffic", which involves patrolling the whole City. The good news about that is during 1994 the City saw a reduction of 26% in the number of alcohol related crashes. A similar kind of reduction was seen in the number of arrests and he believed that reflected the public becoming aware of enforcement of strict DUI laws. Robin Hunt, North Kitsap resident, reported she has been bringing out-of-town guests to various attractions in Bremerton and congratulated the City on their efforts to revitalize the waterfront. She also encouraged the public to take advantage of presentations being made by Harold Delia, Director of the Juvenile Detention Center, on the Juvenile Detention facility ballot measure. Peter Myers, 4317 B Street, spoke of his opposition to the Mayor's proposal to condemn properties in his neighborhood and felt the Council was being duped in to thinking the condemnation had to do with the odor problems at the sewer treatment plant when it was actually acquiring properties for a commercial use. Gordy B~rd reported he patronized several new businesses in the downtown area and encouraged others to do the same. He recently encountered some magazine sales people and questioned their being legitimate. He wanted to alert the public to be cautious if they are approached by the same individuals. Carol Atkinson, Bremerton Main Street Association, announced the next Concert On The Boardwalk will be held Friday, July 28, 6 - 8 P.M., featuring Bill Brown & Kingbees. She also announced 40 new "centennial bricks" were put in place on the boardwalk on July 8. Angel Leaptrot 1400 Cottman Street, expressed concern over the possible condemnation of properties in her neighborhood, which has brought about monstrous changes in their area. It bothered her that someone else was shaping the future for her and her neighbors, TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 5 of 13 changing their lives while having no say in the process. Since the City started its campaign to buy out homeowners and turn them into rentals in that area, they are now seeing drug houses, children running the streets in the dark and hearing gunshots in the night. She will fight against any government that attempts to limit or destroy her family, her home or her neighbors. De1 Knauss talked about a number of City projects resulting in a total of $37,780,000 indebtedness. He referenced the Gorst- Bremerton connector project costing 9 million dollars, and pointed out it involved taxpayers' dollars whether or not it was City or state funds. It concerned him that the a project team's proposal for the downtown waterfront area is asking for $85,000 to move forward with further studies when the City had already spent $100,000 for the Leland Tonkin Hoyne Study of the same area. During the past Mayor's race and Council District election he heard much talk about revitalizing neighborhoods. However, he has heard residents' pleas for better lighting for safety reasons fall on deaf ears and told the City can't afford to help them and suggested they form a L.I.D.. He also has heard talk the City can't afford a fire rescue boat, however, if the City feels it can afford $70- 75,0000,000 in taxpayers money surely the City could afford a few lights. He strongly supported putting large projects to the vote of the citizens of Bremerton before City government spends any more of the taxpayers' money. David Johnson reported residents in his neighborhood met and reviewed a map provided by the City showing the area to be condemned to be that east of Oyster Bay and the area west of Oyster Bay is not being considered for condemnation; however the City owns property in the west section. He shared that there have been a lot of complaints about rentors in City owned residential properties, ranging from very small issues to issues of people putting rock bulkheads in other people's property to drug busts and other quality of life issues. Their group would like to know the mandate given by the City to its property manager when renting the rental properties within their neighborhood and if problems come up is there a telephone number they can call to lodge a complaint. And, if a complaint is lodged, will the City do anything to remedy the situation? He asked if the City had any plans for the area west of Oyster Bay and once the sewer treatment plant is fixed (by January 1, 1996) will the City be placing those properties up for sale? 7A - APPROVE 1995 BUDGET ADJUSTMENT, RECLASSIFYING TWO EXISTING POSITIONS ("ACCOUNTANT" POSITION TO "UTILITY ACCOUNT8 SUPERVISOR", AND "COMPUTER OPERATOR/UTILITY" TO A "UTILITY BILLING SPECIALIST"; AND AMENDMENT TO TEAMSTERS CONTRACT, #AB95-155 This adjustment will reclassify two positions authorized in the Treasurer's Office. A currently authorized Accountant position is #1343 #135s TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 6 of 13 reclassified to a Utility Accounts Supervisor, and a currently authorized Computer Operator - Utility is reclassified to a Utility Billing Specialist. Kathleen McCluskey, City Clerk, stated the City enlisted the help of a consultant, for a short term, to determine if the positions were properly classified and it was determined they were not. The change from Accountant to Utility Accounts Supervisor does not change the pay level. The Computer Operator to Utility Billing Specialist goes from Wage Grade 7 to Grade 9, at an additional annual cost of $3,000. Because there is sufficient funding for 1995, there would be no impact on the budget; and the Teamsters Union has approved the changes in classification. Public comment - none. Mr. Farr asked who currently performs the function of Utility Billing Specialist, would the change bring about a different person performing the function, or is the same person moving to a different department? Jim Meith, Human Resources Manager, explained in reference to the Utility Billing Specialist, there is currently a Computer Utility Operator position filled. If this proposal is approved, both of the classification will be opened up for promotional examination to just City employees. It is his understanding that the employee in that function plans to apply. He also felt it was the department's intent, if that employee is successful in the examination process, to retain that employee in the newly classified position. Mr. Farr asked if he understood correctly that the function is currently being performed by a person in the Utility Department and under the new system the function would be performed by someone in the Treasurer's Office? Mr. Meith stated no, the position is currently in the City Treasurer's Office and is a reclassification of that position. Under the City's Civil Service Rules, reclassifications require an examination to be open and everyone given the opportunity to apply for that position. Mr. Law noted it is important to have good people in these positions because they are the ones responding to citizens' questions relating to utility billing. M/S/C/U(Montgomery/Neville) to approve Budget Adjustment 95-27. M/S/C/U(Montgomery/Neville) to authorize the Mayor to approve the amendment to the Teamsters' Contract. 7B - 1996 CITY OF BREMERTON COMMUNITY DEVELOPMENT BLOCK GRANT POLICY PLAN, #AB95-159 The City is about to publish the 1996 CDBG Policy Plan, which TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 7 of 13 describes the policies, priorities, and eligibilityguidelines that will be used to allocate block grant funds. This document is the first step in the 1996 funding cycle, and is a required part of the public participation process. Marilyn Waibel, Acting Development Manager, explained the proposed plan was reviewed by local participates of the CDBG program and the only concern expressed was that the minimumgrant amount of $10,000 be lowered to $7,500. Staff concurred with that recommendation and incorporated it into the plan. Councilman Neville pointed out an error on the 1996 CDBG Allocation Schedule: "changing $385,000 to $308,000 so that the statement should read: 'A minimum of 70% of total funds or $308,000 must be used for projects directly benefiting low and moderate income persons'." Public comment - none. Mr. Neville asked if the $60,000 identified as income from previously approved loans was added to the $1,~15,400 loan fund for 19967 Mrs. Waibel stated what they were attempting to say is that the City has $1.5 million in outstanding loans and some of those are deferred for 10 years. Some loans are being repaid on an annual basis, that generates approximately $60,000 per year as program income and is placed in a resolving loan fund that is reallocated each year. Mr. Colvln asked what kind of effort is made to inform the public about this loan program? Mrs. Waibel explained brochures outlining the program are available at the Permit Center, they have been speakers at Council District meetings, set up displays at Home Shows, etc. Mr. Colvin asked if there was additional criteria that must be met other than the income portion? Mrs. Waibel stated previously the City utilized a bank to assist in the application process, but with most low income people they do not make it through that process. Currently, the City is processing loan applications in-house and looking at the equity in the home rather than doing a credit check on the applicant. If the property owner has enough equity in their property to support the loan they either receive a "0" interest deferred loan until the property is sold, or a 3% interest only payment for 15 years. Mr. Farr asked if there were loan setup costs in this program? Mrs. Waibel stated there are up front loan set up costs. There is a $200 appraisal fee, $113.51 title report fee and $12.00 recording fee for the Deed of Trust. Those fees are added to the loan and deferred as well. Mr. Winters asked for clarification if an owner of a rental property could qualify for this type of loan? Mrs. Waibel #1790 #1890 TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 8 of 13 explained at this particular point there is only an owner occupied program. At one time, the City did have a renter rehab program where the renters had to qualify as low income. Mr. Colvin asked if there was any effort made to encourage the property owners to keep up the appearance of their home once improvements have been made through the rehab loan program? Mrs. Waibel stated following the rehab of a site it is hoped that the owner would have a better outlook on their home and keep it in good repair. ME. Neville stated if this issue is approved, it identifies the filling of a 3-member Citizen Advisory Committee. He asked if there will be a new selection of three members to make up that committee? Mrs. Waibel stated yes, that process is already in motion and will be before Council within a couple of weeks for confirmation. M/S/C/U(Neville/Montgomery) to approve the 1996 CDBG Policy Plan. 8A - ORDINANCE (FIRST READING) AMENDING THE 1995 BUDGET (BUDGET I~D~TUSTMENT 95-26 PUBLIC WORKS & UTILITIES DEPARTMENT), #AB95-156 Actions taken by the City since passage of the 1995 budget require certain corrections in order that the budget continues to accurately reflect the financial operating plan of the City. Kathleen McCluskey, City Clerk, pointed out the uses and sources of funding for the budget adjustment are identified on a detailed listing included in the Agenda packet. Public comment - none. Mr. Law emphasized this item was discussed quite extensively by the Fiscal and Budget Committee and questions raised at that time were explained to his satisfaction. He pointed out the labor savings in purchase of a "patch truck" for street repair that will change the manpower requirements from four to two people. He viewed that as labor savings of a significant amount. M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading, amending Ordinance No. 4516 relating to the budget of the City of Bremerton for Fiscal Year 1995. 8B - ORDINANCE (FIRST READINg) CONDEHNATION OF 80 ACRES FOR WATERSHED IN UNION RIVER DIUklNA~E, #AB95-157 This 80 acre parcel is substantially in the catchment area for the Union River surface water supply. Acquisition is identified in the Utility Land Management Plan to protect this surface supply from contamination. TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 9 of 13 The proposed ordinance authorizes a condemnation action if an agreed sale cannot be negotiated. The present use is timberland. The purchase price is budgeted in the Water Fund for 1995. Public comment - none. Mr. Neville asked if acquisition of the subject land will provide the City with the needed protection, and if not, how many more acres are needed? Bill McKinneV, Forestry Manager, explained this 80 acre parcel is probably the last major parcel within the catchman area of the Union River. We should have approximately 98% of the land within the Union River drainage and the objective in that is water quality protection and retaining the exemption from the State Department Of Health for building a filtration plant. Mr. Neville stated in essence Mr. McKinney was saying by acquiring the 80 acres it would be saving millions of dollars in not having to build a filtration system? Mr. McKinney stated yes, current estimated cost for a water filtration facility, just the capital outlay, would be approximately 11.5 million dollars plus a fairly substantial operating costs. #2057 M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading, authorizing the purchase of an 80 acre parcel from the Utility Fund through condemnation for the purpose of controlling the Utilities Union River watershed. Mr. Overson noted the ordinance provides for condemnation if the City is not able to negotiate the sale of the site. He asked if Mr. McKinney had the opportunity to negotiate for the sale of the property? Mr. M~Kinnev stated no, however, he did have the opportunity to talk with several landowner representatives. At this point, land and timber resource appraisals are being conducted. Mr. Farr asked if Mr. McKinney anticipated the expense of these funds having any impact on future water rates? Mr. McKinney stated no. Unanimous vote - motion carried. 8C - ORDINANCE (FIRST READING) CONDEMNATION OF 30 ACRES FOR BIOSOLIDS APPLICATION NORTH OF BELFAIR HIGHWAY, #AB95-158 The Utility proposes to acquire this 30 acre parcel which lies adjacent to the City's biosolids application area on two sides and fronts State Route 3. The site is needed to provide additional application area and buffer for Biosolids Site 2. The proposed ordinance authorizes condemnation if a voluntary sale cannot be negotiated. The land is presently in forestry use. TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 10 of 13 Public comment - none. Mr. MontaomerV asked how successful is the biosolids program? Mr. McKinneV stated he believed it to be very successful operationally and monetarily. The application of biosolids as fertilizer and soil amendment have shown a 100% improvement in diameter growth increments, which translates into more volume in a tree at an earlier age. Mr. Montgomery asked the number of acres included in the biosolids program? Mr. McKinney stated approximately 100 acres are permitted for biosolids application and approximately 400 acres are developed with the remaining acres acting as buffer areas; therefore the need to have some additional land. Mr. Montgomery asked what it cost the City to operate this program on an annual basis? Mr. McKinnev explained in labor costs it is a 2-person operation and runs around $150,000 per year, including equipment costs as well. Mr. Montgomery asked if Mr. McKinney had an estimate of cost if the City lost its ability to utilize City owned land for biosolids application? Mr. McKinney stated he found it hard to put a number to such a scenario.. Other biosolids generators look at the City somewhat enviously that we have the facilities to utility our own land and for those that don't it is a constant scramble to find a place to deal with the material. Mr. Colvin questioned for clarification if he understood correctly that the Kitsap County Health District prescribes the boundaries of the biosolids application area? Mr. McKinnev stated Mr. Colvin was correct. The City has two areas that actually bracket Gold Mountain Golf Course. The areas have been permitted through a lengthy process of evaluation by the Health District and he operates the program under an Operations Plan that was approved by the Health District. Overall, everything is under the auspices of Environmental Protection Agency (EPA) regulations. He was pleased to report that so far the City had successfully met all required regulations. Mayor Hotton related her visit to King County's sludge forest several years ago where she picked up a seedling and stuck it into a jar of water and three weeks later it was as fresh and green as the day she brought it home. She encouraged Council to take a tour of the biosolids application area and compare it with the non- sludged area trees and see a great difference between the two areas. Some day she would like to see the City get into the Christmas tree business as a result of this program. Mr. Colvin noted at one time Council was led to believe that the City could sell the biosolids as a commercial endeavor. Mr. MoKinney explained the most economical way for the City to deal with sludge is applying it to forest lands as well as being the most operational economical. He agreed the City could grow #2604 TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 11 of 13 Christmas trees. To sell the sludge product commercially, it requires further processing, such as the City of Tacoma, who give it away to people within their service area for top dressings on lawns, gardens, etc.. Making it available to the public does involve additional cost, however, they do not have a forest application area available to them like the City of Bremerton. M/S/C/U(Winters/Colvin) to approve ordinance on first reading, authorizing the purchase of a 30 acre parcel from the utility fund through condemnation for the purpose of expanding the City's biosolids application area. 9A - PUBLIC HEARING ON REZONE: KITSAP COMMUNITY ACTION PROGRAM (KCAP) AND BREMERTON PARKS DEPARTMENT~ LOCATIONz 9TH & BROADWAYAND 12TH & BROADWAY= AND ORDINANCE {FIRST READING), #AB95-160 The Bremerton Parks Department and Kitsap Community Action Program (KCAP) are trading two parcels of land (one each). The former park property, parcel "B" which .is located at the terminus of Broadway Avenue, at the south side of 12th Street, will be rezoned from "Parks and Schools" (PS) to "Central Bremerton Residential" (CBR) for the development of a duplex by KCAP. The former KCAP property, parcel "A" which is located adjacent to and northwest of the intersection of Broadway Avenue and 9th Street, will be traded to the Bremerton Parks Department for the development of an accessory parking lot to the Warren Avenue Play Field. At the June 20, 1995 Planning Commission hearing, the Commission recommended approval of these rezone requests. President Huff-Menees asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Jack Allingham, Current planning Division, displayed graphics showing the location of the subject sites and briefly reviewed the actions taken as described in the Summary Statement. The action before Council at this time is a rezone hearing so that KCAP can develop their parcel into a duplex. At the time of the Planning Commission hearing on June 20, 1995, it was identified that the Comprehensive Plan for the area, at the time the application was made, predated the current April 19,1995, Comprehensive Plan. The application had a vested interest to be reviewed under the previous 1986 Comprehensive plan, which is a much more generalized plan but basically showed the area as a parks and open space surrounded by a medium density residential designation. The Comprehensive Plan policies and The Housing #3944 TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 12 of 13 Bremerton policies were reviewed by the Planning Commission and they found this proposal to be consistent with the Comprehensive Plan. The Planning Commission also found that it would not create any adverse environmental consequences and that it bore a relationship with public welfare that there was a need for this change as proposed. Based on those findings, the Planning Commission recommends approval of changing the zoning on the subject parcels. Public comment - none. Mr. Neville viewed this proposal as a win-win situation that will bring revitalization into the 12th Street area with a quality project, plus getting the tennis courts upgraded in 1996. He urged quick action to get it done. President Huff-Menees concurred with Mr. Neville's statements, and believes we need to reward the success the KCAP program has shown. Mr. Winters asked how many staff will be required, and how soon will this impact take place? Mr. A11ingham stated the impact is already occurring. The department has already received plans for the duplex, which are currently being reviewed. Mr. Colvln asked if KCAP will manage the rental of the duplex once it is constructed? Larry Eyer, KCAP Executive Director, stated yes. Mr. colvin stated he was pleased with other properties managed by KCAP and felt they were an example to other agencies/people managing rental properties. Mr. Overson asked if the Ordinance, commonly called the Friends of Parks and Open Space Ordinance applies to this issue and requires a unanimous vote? Ian Sievers, City Attorney, explained the exchange of properties and purchase agreement did satisfy that ordinance by getting the unanimous approval by the City Council. The action before council is a request for fezone, which does not require a unanimous vote. Mr. Colvin asked if that same ordinance had any stipulation that the City could not exchange park property? Mr. Sievers stated that ordinance does cover exchanges of property as well as out right sales. M/S/C/U(Montgomery/Neville) to adopt the Planning Commission's Findings of Fact and Conclusions of Law, and approve ordinance on first reading, amending the Official Zoning Map of the City of Bremerton for the Kitsap Community Action Program (KCAP) and Bremerton Parks Department Warren Avenue Play Field land swap located at the terminus of Broadway Avenue at the south side of 12th Street. TAPE #1303 City Council Reg. Mtg. Minutes July 26, 1995 Page 13 of 13 With no further business meeting adjourned at 7:03 P.M.. McCLUS~Y, City Clerk City of Bremer~~'' ~' "' '~resident KLM/SH-M/me cc: Normal Distribution File/Vault