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HomeMy WebLinkAbout05/27/98 TAPE #1545 CITY COUNCIL MEETING MINUTES MAY 27, 1998 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 May 27, 1998, at 5:30 P.M., with Council Vice-President Carlos Montgomery presiding. Council members present were Jim Reed, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council President Farr and Council member Carol Arentis were absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council Vice President Montgomery and invocation given by Reverend Randy Wilkinson of St. Paul's Episcopal Church. Vice President Montaomery made the following announcements: (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business, (2) The City Council will hold a Study Session immediately following the City Council meeting to discuss "Facilities". (3) The City Council will hold a 20-minute Executive Session immediately following the above-announced Study Session to discuss "Real Estate". CONSENT AGENDA A. Minutes of Meeting - May 13, 1998 #AB98-111 B. Mir~tes of Meeting - May 20, 1998 #AB98-112 #0034 MISICIU(McConnelI/Law) Motion to approve the Consent Agenda as presented. 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 #0062 M/S/C/U(Overson/McConnell ) On May 27, 1998, the Council does approve for payment those vouchers included and further described as follows: 220141 through 220144, 220168 through 220303 in the amount of $545,160.59; and Regular Payroll for the period ending May 15, 1998, in the amount o TAP E #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 2 of 14 $763,897.71; and Retirees Payroll for the period ending May 31, 1998, in the amount of $101,552.38. COUNCIL MEMBER REPORTS Mr. McConnell reported on Saturday, as he watched the USS Missouri being moved out of the Shipyard, he sadly pictured the ship being taken away in handcuffs as a tug was towing it from the front and a drag tug positioned at the back of the ship. He noted the send off for the USS Missouri included good music, speeches, and fairly good weather. He was sorry efforts to keep the Missouri on the mainland were not successful. Mr. Overson echoed Representative Dicks' claims for the new fast passenger- only ferry. The initial responses from those using the new boat have been very positive and better than expected. Mr. Shepherd reminded everyone that the next District #5 Neighborhood Meeting would be held on May 28, 1998, 6:30 P.M., at Memorial Lutheran Church. The first item of discussion at that meeting will be Block Watches and security issues within District #5. He had an opportunity to ride the new passenger-only ferry and was amazed how smooth the ride was even though the water was slightly choppy. On the issue of solid waste disposal in Kitsap County, he anticipates there will be considerable discussion among elected officials and residents as Brem-Air Disposal Inc. (U.S. Waste) faces the possibility of early closure of the Olympic View Landfill facility and the possibility of transporting solid waste out of the area or even out-of-state. It was his opinion that such action should not have an affect on garbage rates in the near future; however, it does present some uncertainty as to the ultimate cost. This issue will be discussed by the Solid Waste Advisory Committee, various City Councils and County Commissioners in Study Sessions over the next several months. Mr. Montgomery echoed earlier comments about the excellence of the new passenger-only ferry. He also attended the sendoff event for the USS Missouri, which to him was strictly a political decision and not a common sense decision. He attended three Memorial Day Ceremonies - Retsil, Forest Lawn Cemetery, and Ivy Green Cemetery. He particularly thanked the Bremerton Parks Department for the special effort they put in to help the Veterans organizations put on their Memorial Day Ceremony at Ivy Green Cemetery. PUBLIC RECOGNITION Roy Runyon, Bremerton resident, questioned the actual cost of the recent litigation with Metcalf and Eddy? He read in the local newspaper that it cost the City $3 million to bring that suit. If the City is not successful in its appeal and the award stands as it is, who will pay the cost of the suit? If the people of TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 3 of 14 Bremerton end up paying that cost, can we think of any other uses for those fund, such as fixing sidewalks, streets, etc. Richard Chrisinger, former Bremerton Resident, thanked the City for the last minute charges, especially in the Parks Department management, for permitting a very special patriotic Memorial Day event at Ivy Green Cemetery. He noted the City of Bremerton should be proud of itself since they host one of the largest Armed Forces day parades west of the Mississippi. He also acknowledged the City of Bremerton has many memorials recognizing veterans, i.e. Ivy Green Cemetery, Bataan Park, NAD Park, Puget Sound Naval Shipyard, Forest Lawn Cemetery, Miller Woodlawn Cemetery, USS Missouri (WWII) Gun Emplacement, USS Turner Joy, USS Franklin (CV13) Memorial and Naval Museum. The City of Bremerton and Kitsap County are made up of thousands of veterans from all services dating back to the Civil War era. Some of those noted veterans are: John H. Nibbe, Navy Civil War Veteran and Medal of Honor recipient, who was a Kitsap County pioneer and Postmaster General for Kitsap County, the replica of the Tomb of the Unknown Soldier of 29 years, the USS Saratoga (CV3) with 64 names inscribed, and members of the crew from the British Battleship (HMS) Warspite. In conclusion, Mr. Chrisinger was saddened that the City of Seattle did not host a Memorial Parade honoring veterans this year due to lack of interest and cautioned please do not let that happen in Bremerton. Brandi Lurachy, student, stated in April she came before the City Council and talked about the lack of involvement for students at Bremerton Junior High School. She asked if anything had been done about passing on her comments or if there was something else she needed to do? Tom McDonald, Quality Tire located on 4th and Warren, expressed his appreciation to the City Council for responding to the request he made several weeks ago that portable restrooms be provided for Armed Forces Day Parade participants so that he would not be expected to provide restroom facilities for public use. However, the number of portable restrooms provided turned out to be sorely inadequate. Two facilities were placed at Kiwanis Park and several were located further downtown. He ended up having almost the same problems as he had experienced in previous years. He related an incident where a member of the Navy and his young daughter came to his business and asked to use his restroom after being denied use of a restroom by three downtown businesses. He found it ridiculous that sufficient numbers of portable toilets could not be provided for a 2-hour parade. Josh Gadberry, student, stated he has noticed that streets in the downtown area are not a dean as they could be and recommended that a monthly community effort be implemented to clean up the area. Mr. Shepherd stated he would pursue that idea. TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 4 of 14 Ann Finnigan, Billing Supervisor - Utility Billing Section, requested the City Council to judge the 48 Coloring Contest entrants, which were submitted during the City's Water Week (May 3-9) and the Public Works and Utilities Open House that was held on May 14. The contest is broken into three age groups (3-5) (6- 9), (10-13), and prizes will be awarded to the winners in the various age groups. Jim Spencer, Director of Parks and Recreation, reminded everyone the Bremerton Senior Center would present a Musical Revue at the Admiral Theater on May 28, 1998, 7:00 P.M. Jimrnv Cook, Troll's Taxi, asked who was responsible for clarification of traffic routing around the Ferry Terminal now that construction of the Bremerton Transportation Center had started. He was concerned that Bremerton Police Officers were giving conflicting information regarding where the taxis are allowed to park while waiting for customers arriving off the ferry. Mr. Shepherd encouraged those using the ferries to investigate how the new traffic routes will affect them. LeGislative Report on Questions raised at previous Council meetinqs: In response to Brandi Lurachy's inquiry, immediately following the April 8th City Council meeting the School Resource Officer was contacted and his response was there had been vast improvements made at the Junior High School sinca Ms. Lurachy's departure. More student activities are available, more interactions are taking place between students and teachers, and overall school pride had improved dramatically. They appreciated the fact that Ms. Lurachy was concerned enough to bring her thoughts and concerns before the City Council. May 13, 1998 City Council Meeting: Leo Dunaher, a Boy Scout from Troop 1512, reported the Scout Hall at Forest Ridge Park had been vandalized several times and Scout equipment stolen. He asked the City to help secure the building in order to prevent further break-ins. Administrative Response: The Police Department is reviewing the incident and the Parks Department did do some additional shoring up of one door even thought the City was not obligated to do any additional work under the contract with the Scouts. MAYOR'S REPORT Mayor Lynn Horton announced Memorial Lutheran Church, Holy Trinity Catholic Church and Our Lady Start of the Sea Catholic Church are co-sponsoring a Blood Drive on June 8, 1998, 1:00 P.M. - 7:00 P.M., in the Community Room in the Washington Mutual Savings Bank building. TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 5 of 14 Mayor Horton is continuing to interview candidates for the formation of an Ethics Committee. She noted that the City's Ethics Ordinance was changed in the early 1990's and the Ethics Commission is no longer included in the current ordinance. Therefore, the committee she will be forming will be viewed as an Administrative Committee. In regard to traffic modifications around the ferry terminal, those traveling in that area will have to be mindful of detour routes. If traffic routing information is inconsistent, that can be modified through the assistance of Kitsap Transit working with the Bremerton Police Department. At the May 20th City Council meeting Bob Jaenicke suggested utilizing the Brem- air Disposal property on Sheldon Blvd., as a park-and-ride lot during construction of the Bremerton Transportation Center. She followed up on that suggestion with Kitsap Transit for their review. However, with impending construction on Evergreen Park a portion of the Brem-Air Disposal site will be used for a staging area. 8A - EXERCISE OPTION TO PURCHASE ENVIROFILL PROPERTY AT SMITH COVE, #AB98-113 Envirofill, commonly known as Brem-Air, and the City entered into a Real Estate Option Agreement dated November 26, 1996 whereby the City agreed to option the Envirofill property adjacent to Evergreen Park. It is recommended that the City exercise this option and assume the liability of existing environmental conditions of the property that pose little exposure according to the City's consultant, Failure Analysis. Kathleen McCluskey, Director of Administrative Services, noted the Option Agreement was entered into on November 26, 1996, with an expiration date of December 1997. The agreement was extended twice since that date and the second extension expires June 1, 1998. Consideration for the property is that there is no price or cost to the City to purchase the property, but the City would agree to assume negotiations of remediation with Department of Ecology (DOE), and any cost associated with the analysis and remediation of environmental concerns. Gene Sampley, Public Works and Utilities Director and Failure Analysis have been negotiating with DOE over the past year to determine a remediation plan and to assure the City that the property could be used for an extension of Evergreen Park at a reasonable cost. The actual value of the property has been estimated at $1 million. Gene Sampley, Public Works and Utilities Director, displayed a map showing the location of the Brem-Air Disposal site and the other properties that were included in the analysis. The environmental analysis on the Brem-Air Disposal site has been completed and the Sampling Plan concluded that there is contamination on TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 6 of 14 the site, which was previously know. There was considerable information available on the Brem-Air site at the beginning of the project that was provided by Brem-Air and was a consideration in negotiating the Option Agreement. He was pleased that DOE worked closely with the City in determining what type of clean up is appropriate for the Brem-Air site and that it is a point of contact compliance for mediation which will provide separation between any contaminated materials and the activities at the site. The intended use is for expansion of Evergreen Park. This site is significant in that it is contiguous to Evergreen Park and the most natural component of any expansion. The remaining properties are under separate action and not included in this discussion. Mr. Sampley read the following letter from Failure Analysis into the record: "This letter is an update on the proposed Ever.qreen Park Expansion project. The project represents a unique opportunity for the City of Bremerton to participate in a model brownfield redevelopmerit proiect that returns the property alonq Smith Cove to a beneficial public use. Throughout this process, the Washin.qton State Department of Ecology has been workinq closely with the City to ensure that rapid and appropriate solutions to clean up will provide a safe. multifaceted park. Based on the investiqations conducted to date, the information known at this time. and discussions with Ecology, we believe the City's Iong-term liability relatinq to clean up and redevelopment is minimal, particularly for the Brem-Air Disposal property that surrounds Smith Cove. We appreciate this opportunity to be of service to the City of Bramerton. If you have any questions. please do not hesitate to contact me at (360) 830-2211. Sincerely, Roqer B. Home Jr., Principal Engineer, Exponent Failure Analysis Associates Inc." Documentation has been prepared that will be the precursor to entering into a pre-purchase agreement with DOE. It is important for the city to acquire the Brem-Air site and to enter into that agreement so the City will know the fixed conditions for the remediation effort. Mr. Overson requested clarification of the term "brownfield redevelopment project". Mr. Sampler explained "brownfield" is a term that is applied to properties that are contaminated from an environmental perspective that require clean up under Environmental Protection Agency (EPA) standard. EPA has delegated those dean up activities to DOE and they implement those programs for the State. Brownfield is a common term that is used nationwide for those types of sites. Mr. Reed stated he assumed, under this contract, that the City would assume ownership of all structures on the Brem-Air site. Mr. 8arepier stated it was his understanding that the City would assume ownership of the structures; however, TAP E #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 7 of 14 he could not confirm that point since he was not part of the negotiations. Mr. Reed stated then at the same time the City would assume responsibility for the demolition of structures. Mr. Sampley stated that was correct. Roy Mclnnis, Bremerton resident, stated he recalled earlier discussions on the Brem-Air site when lots of questions were raised by members of the City Council and the public that were of interest to him. Recently, he visited the City of Compton, California and learned that community was in a "dog fight" with the Department of Ecology and other agencies concerning the same type of properties. At this time, he was neutral about the City acquiring the Brem-air site. However, he hoped the discussion and processes were followed carefully so that his children and grandchildren are not burdened financially for a type of clean up that this kind of contaminated site could bring about. He asked who is in control of insuring the City does not become liable for a lot of money in later years. Bob Jaenicke, Bremerton resident, stated he had a concern over the proposal to leave all the asphalt at the Brem-Air site in place and cover it with topsoil similar to what was done around the site of the old swimming pool at Evergreen Park. He did not want to see the new site turned into a swampy wet area after heavy rains like the site at Evergreen Park. Mr. Law asked Mr. Sampley to address the concems raised by the citizens. Mr. Sarnplev stated in response to Mr. Mclnnis' concern, the purpose of the pre- purchase agreement is to establish the liabilities of the City and the perimeter by which the City will be held accountable. That would preclude any future liabilities. In response to Mr. Jaenicke's question, the asphalt will remain in place and is part of the planned barrier to any contamination below the asphalt. The drainage of those areas is a significant item in the design of the topography over those areas. Mr. Law referenced a long-standing story about a German submarine from WWI being buried in the subject area for oil storage. The analysis revealed that such a submarine had been buried, but it was removed. Mr. Reed stated the documentation states "this is considered a charitable transfer from Envirofill to the City. If the site is valued at $1 million dollars can they consider that as a charitable donation or must they wait until the clean up is completed? Mr. Sampley stated he did not have a specific answer. However, if the current owner of the property were to be required to clean it up, they would be required to perform a full remediation of the site for the purpose for which it is now used (an industrial clean up). It is estimated that effort would be or exceed $1 million; therefore, it is a mutually beneficial transaction in that Brem-Air does not suffer the liability for a total clean up and the City obtains the property for public use and can provide a controlled remediation. It will be required that the TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 8 of 14 City has institutional controls that would limit all future uses of the site to public use. The method of clean up for public use is substantially less costly than the full dean required for industrial use. Mr. Shepherd stated this has been a long time coming and was a long time goal of former Councilman Richard Neville and also one of his goals. The Evergreen Park neighborhood has discussed this proposal as well and he expects more discussions will be held as the project develops. This past weekend he met a young couple that recently purchased a house close to the park in anticipation of living next to a park and one of them is commuting to Seattle on the new fast passenger-only ferry. The impending changes of urban renewal and improved parks are starting to happen. He believes the State's "brownfield" conversion program gives cities a tool to acquire property at a very reasonable rate and manage those sites for the best use for the city. #1581 M/S/C/U(Shepherd/Olsen) Motion to authorize and direct the Mayor to exercise option to purchase real property from Envirofill as described in the Option Agreement dated November 26, 1996. 8B - POSITION UPGRADE FOR RECREATION PROGRAM COORDINATOR II POSITION IN THE PARKS & RECREATION DEPARTMENT. #AB98-114 A Classification Study was performed on one of the two Recreation Program Coordinator I positions authorized in the 1998 Staffing Levels. The review concluded that one of the positions should be classified as a Recreation Program Coordinator II position. It is impossible to delegate responsibilities to other staff members without impacting programs. Jim Spencer, Director of Parks and Recreation, pointed out there would be no increase to the Department budget due to the fact there were offset occurrences within the Department that allowed the 1998 budget to absorb those costs. Public comment - none. #1658 MISICIU(McConnell/Overson) Motion to approve the upgrading of one Recreation Program Coordinator I position to a Recreation Program Coordinator II position. 8C - PROPOSED PROFESSIONAL SERVICES AGREEMENTS AND PROPOSED PROFESSIONAL SERVICES EXTENSION OF RETAINED LEGAL SERVICES. #AB98-115 The City Attorney has requested that the following firms be allowed to handle matters on the City's behalf, including Bond Counsel and complex litigation defense. It would be in the best interest of the City to approve the following: TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 9 of 14 Professional Services Agreement: Williams, Kastner & Gibbs Gottlieb, Fisher & Andrews Professional Services Extension: Larson, Hart & Shepherd Glenna Malanca, City Attorney, stated while the City Attorneys' office is attempting to limit the use of outside counsel, the requested agreements are for ongoing complex litigation or Bond Counsel. It is not anticipated any time in the future that the City Attorneys' office will be in a position to handle either of those types of cases. She feels confident about the quality of representation that would be afforded through these agreements. Bob Jaenicke, Bremerton resident, questioned the location of the three identified firms? Mrs. Malanca stated all three firms are located in Seattle. Mr. Jaenicke stated it appears to some that the City does 90% of its business outside of Bremerton. Mr. Overson stated he agreed with Mr. Jaenicke and some very prominent attorneys in Bremerton have observed the City goes to Seattle and pays significantly greater costs and still loses in litigation. He agreed with Mr. Runyon's position that the City is too often losing through litigation. He is of the opinion that the City should work toward settlement of issues rather than to litigate. Mayor Horton stated on two separate occasions the City advertised for outside legal services and on both occasions only one local firm submit a proposal for a very small portion of the outside contracts. Mr. Reed asked why the City was incapable of handing such cases in-house. Mrs. Malanca explained Bond Counsel is an area of specialized expertise and not normally handled by City Attorneys. Even if the City of Bremerton were so inclined, it would not be able to conclude a Bond issue without a Nationally recognized Bond Counsel. One of the three agreements is an extension that will cover the tail end of litigation that the City settled. One of the agreements deals with complex employment law litigation. Just the amount of discovery and Court dates through the Federal Court system in addition to those cases she has taken on is overwhelming. It is not beyond the potential expertise that could be developed and her office is handling Federal District Court cases. Mr. Shepherd stated for clarification that he is not related to the "Shepherd" that is a partner in one of the firms. #1956 M/S/C(Law/McConnell) Motion to approve the Professional Services Agreement for Williams, Kastner & Gibbs, TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 10 of 14 Vote on Motion: In Favor: Shepherd, Montgomery, Overson, Law, McConnell, Olsen Abstain: Reed Motion carried. #1983 MISIC(Law/McConnell) Motion to approve the Professional Services Agreement with Gottlieb, Fisher & Andrews; Vote on motion: In Favor: Shepherd, Montgomery, Overson, Law, McConnell Olsen Abstain: Reed Motion carried. #2014 MISIC(Law/McConnell) Motion to approve the Professional Services Extension for Larson, Hart & Shepherd. Vote on motion: In Favor: Shepherd, Montgomery, Overson, Law, McConnell, Olsen Abstain: Reed Motion carried. 10A- RESOLUTION NO. 2651 AUTHORIZING AN INTERFUND LOAN FROM THE GENERAL FUND TO THE CIVIC IMPROVEMENT FUND AND RELATED BUDGET ADJUSTMENT, #AB98-117 Hotel Motel Fund tax revenues are running below projections and creating a temporary cash flow deficit in the Civic Improvement Fund. The proposed resolution will allow the City to provide timely financial support to the several civic organizations supported by this fund. Borrowed funds will be repaid from Hotel/Motel taxes by year-end. Rich Hanna, City Treasurer, explained this interfund loan would finance a temporary cash flow deficit in the Hotel/Motel Tax fund. Some of the expenses budgeted in this fund occur toward the front portion of the year. Because the City carried over a very modest balance into 1998, the fund will operate in a defidt without this short term financing, which is contrary to State Law. Public comment - none. Mr. McConnell questioned the consequences if the Hotel/Motel Tax income does not pick up according to the projections? Mr. Hanna stated he and Mayor TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 11 of 14 Horton discussed that possibility and it may be necessary to reduce the City's financial support to the civic groups. In the latter portion of the year all of those groups were notified of that possibility. Mr. McConnell questioned what happens if the Hotel/Motel Tax income does not cover the amount of the loan? Mr. Hanna explained expenditures would be controlled to assure that the City does not spend more money than is available through tax revenues. Mr. Overson stated this is a failure of budget and it is Council's responsibility to oversee the budget to make sure the City does not over expend. In this case, over expending did occur; this was a result of not holding a larger reserve within that fund. He recalled being advised by staff the need to retain a larger reserve, but it was a Council decision to allocate larger amounts to the civic organizations. He cautioned his fellow Council members to remember this action when preparing the 1999 Budget. #2261 MISIC(Overson/McConnell) Motion to adopt Resolution No. 2651, authorizing an Interfund Loan to the Civic Improvement Fund from the General Fund; and approve Budget Adjustment Request No. 98-19. Vote on motion: In Favor: Shepherd, Montgomery, Overson, McConnell, Olsen, Reed Abstain: Law Motion carried. 9A - ORDINANCE NO. 4626 (SECOND READING) AMENDING B.M.C. 6.04,066 TO INCLUDE RECOVERY OF ADMINISTRATIVE FEES FOR GARBAGE ABATEMENTS, #AB98-109 Public comment - none. #2352 MISIC(Law/Overson) Motion to pass Ordinance No. 4626 on second reading, allowing administrative fees, as set by resolution, to be collected for garbage abatement actions. Vote on motion: In Favor: Shepherd, Montgomery, Overson, Law, McConnell, Olsen Abstain: Reed Motion carried. 9B - ORDINANCE NO. 4627 (SECOND READING) AMENDING B.M.C. 9.14.050 TO INCLUDE RECOVERY OF ADMINISTRATIVE FEES FOR WEED ABATEMENTS, #AB98-110 Public comment - none. TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 12 of 14 #2413 M/S/C(Overson/Law) Motion to pass Ordinance No. 4627 on second reading, allowing administrative fees, as set by resolution, to be collected for weed abatement actions. Vote on motion: In Favor: Shepherd, Montgomery, Overson, Law, McConnell, Olsen Abstain: Reed Motion carried. 9C - ORDINANCE (FIRST READING) AMENDING THE 1998 BUDGET, #AB98-116 Numerous events have occurred since passage of the City's 1998 budget, which require adjustment so that the budget continues to accurately reflect the financial operating plans of the City. Passage of the proposed ordinance will incorporate the changes identified to date. Rich Hanna, City Treasurer, stated most of the Budget Adjustments summarized within the proposed ordinance have already appeared before Council as individual items. Additionally, two items voted on by Council during this meeting, i.e. Hotel/Motel Tax and Parks Department position upgrade, are also included. Public comment - none. #2552 MISICIU(Overson/Law) Motion to approve ordinance on first reading, amending Ordinance No. 4615 relating to the budget of the City of Bremerton for Fiscal Year 1998. 10B - PUBLIC HEARING AND ORDINANCE (FIRST READING) TO AMEND THE OFFICIAL ZONING MAP FROM "CENTRAL BREMERTON RESIDENTIAL" TO "PARKS & SCHOOLS" FOR A SINGLE LOT AT 13TH & OHIO, #AB98-118 Bremerton School District owns a small lot directly across Ohio Street from Bremerton High School. The old house on the property has been in use as a childcare center for the past several years. The District would like to change the zoning from "Residential" to "Parks & Schools" so that the property will be in the same zone as other school facilities, and can be used for school purposes. The Planning Commission reviewed this proposal on March 17, 1998, found it to be consistent with the City's Comprehensive Plan and with the long-range plans of the School District, and recommends City Council approval of this Rezone. The Council must conduct a public hearing prior to its final decision and action on the attached ordinance. TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 13 of 14 Vice President Montgomery asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Judy Johnson, Department of Community Development, referenced information provided in the Agenda packet showing the location and explained it involves only one house/one lot rezone to change it from Business/Residential to Parks and Schools. This site has been used as a Child Care Center for several years and is congruent with the Comprehensive Plan and will make the function of using that Child Care Center much more usable for the school. Elizabeth Buell, Bremerton Resident, questioned for clarification if the subject property was located on the NE Corner? Vice President Montgomery stated yes. Mr. Law stated for clarification that the subject property is already owned by the School District. Mr. Olsen questioned if the surrounding neighbors were notified of the proposed action and if any complaints were received? Ms. Johnson stated proper notification was given end no complains were received. Mr. Overson stated it was his understanding that the City was limited to one Comprehensive Plan change per year. Ms. Johnson explained the subject site was already zoned "Parks and Schools" in the Comprehensive Plan. Mr. Overson questioned if this was an example of "spot zoning"? Ms. Johnson stated in this case it is not away from the existing Public Schools Zone, nor it is sitting in the middle of a C/BR. Mr. Overson stated then it would be an adjustment to the peninsula. Ms. Johnson stated Mr. Overson was correct. Roy Mclnnis, Bremerton resident, stated he recalled this particular site when the original zoning was being put in place and this same type of discussion took place. He thought that the site was already part of the School District. Mr. Shepherd asked if the Child Care Center was publicly or privately operated? Ms. Johnson stated it is operated by the school. Mr. Shepherd asked if the proposed rezone action would have an affect if the school did not operate it. Ms. Johnson stated she would have to review that aspect before giving an opinion. #2968 MISICIU(McConnelI/Overson) Motion to approve ordinance on first reading, amending the Official Zoning Map of the City of Bremerton, for a single lot at the northeast corner of Ohio Avenue and 13th Street. TAPE #1545 City Council Reg. Mtg. Minutes May 27, 1998 Page 14 of 14 Vice President Monteomen/thanked the TV camera crew for their services: Robert Neal, Melody Zapata and Ryan Bentley. With no further business meeting adjourned at 6:52 P.M. City of Bremerton PJ/CM/me C: Normal Distribution FileNault