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HomeMy WebLinkAbout12/17/97TAPE #1510 CITY COUClL MEETING MINUTES DECEMBER 17, 1997 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 December 10 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Carlos Montgomery, Sherril Huff- Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Aisc present were Assistant City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Carl Johnson of Peninsula Bible Fellowship. President Farr made the following announcements: 1. Council held a Study Session to discuss general business immediately prior to the Council meeting. 2. Following the pre-Council Study Session, Council held an Executive Session To discuss "personnel" issues. 3. The Executive Session scheduled immediately following the Council meeting To discuss "Contract Negotiations" was canceled. CONSENT AGENDA A. Minutes of Meeting - December 3, 1997 #AB97-262 #0021 MISIC/U (Neville/Montgomery) 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. #0041 MISICIU (Colvin/Montgomery) On December 17, 1997, the Council does approve for payment those vouchers included and further described as follows: 215245, 215270 through 215445 in the amount of $210,437.69. COUNCIL MEMBER REPORTS Mr. Colvin thanked everyone who honored him at the December 4th District #1 meeting. He was overwhelmed with that recognition and hopes that he merits all of the compliments he received. TAPE #1510 City Council Reg. Mfg. Minutes December 17, 1997 Page 2 of 13 Mr. Law announced the next District #3 Neighborhood Meeting will be held January 20, 1997, 7:00 P.M., at the Senior Center. Mr. Overson stated he wanted to recognize the contributions by the Swing City Committee, which is a volunteer group that works on downtown activities. Besides sponsoring a weekend event, they sponsored a Giving Tree for needy children and as a result have provided 28 children with gifts. Mr. Neville extended a special "thank you" to the Swing City Committee for all their work within the community. Mrs. Huff-Menees thanked Mayor Horton and Randy Witt, City Engineer, and Lynn Price, Traffic Engineer, for their participation at the Districts #6, #7 and #8 Neighborhood Meeting on December 16. That meeting was well attended and those citizens were apart of reaching some solutions on some of the questions regarding street closures. She thanked everyone for attending that meeting and hoped they would support future District meetings. Mr. Montgomery stated the joint Council District Neighborhood meeting was excellent and the next step will be to take the street issues before the Traffic Safety Committee. He received a packet of information on studying SR16 in which 14 citizens of Kitsap County were called in and paid $40.00 for a one-day session to discuss issues relating to SR-16. Attendance at that meeting included 12 from the City of Tacoma, who supported building a second bridge with a toll charge included. The 14 members from Kitsap County were more interested in getting better ferry service and would be willing to pay a higher ferry rate. Mr. Montgomery stressed that group does not represent the majority of Kitsap County and announced a meeting on this issue will be held early in 1998. He welcomes comments from the public on this issue. Mr. Farr apologized to District #6 residents that he was unable to attend the joint District Neighborhood meeting. He thanked Council members Sherril Huff- Menees and Carlos Montgomery for covering that meeting for him. MAYOR'S REPORT Mayor Lynn Horton extended her congratulations to the Bremerton High School Senior Class for their outstanding showings in the SAT Test. Compared to the national trend, which has been declining, the Bremerton Seniors' score went up. 40% of the graduating Senior class took the SAT test indicating they are seriously considering going on to college and seek financial aid. Mayor Horton introduced Dennis Rainey, President of the Bremerton Central Lions Club. Mr. Rainey presented Bill Eley, Information Services Manager, a recognition plaque for the program he presented at a Bremerton Central Lions TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 3 of 13 Club meeting that involved editing and showing a shortened version of the movie "Tuskegee Airmen". Bill Eley stated it was a privilege to work with and for Councilman Colvin. Mayor Horton added that Art Anderson and Associates provided a "boxlight" projector for Mr. Eley to use in making his presentation. Fire Chief Al Duke reported 148 personnel from around the county responded along side of 50+ Bremerton Fire Department personnel during the first 24-hour period of the Kona Village Apartments fire. The City received additional assistance from the Seattle Fire Department, Tacoma Fire Department, Auburn Fire Department, Enumclaw Fire Department, and Bainbridge Island Fire Department. Additional support was received from 23 support agencies, i.e. American Red Cross, St. Luke's Methodist Church, etc. It has been estimated that close to 800 people were involved in supporting the City in this operation. Mayor Herren and Fire Chief Duke presented the following Fire Departments and Fire Districts Certificates of Appreciation and a plaque in appreciation for their support during the Kona Village Apartments fire: Puget Sound Naval Shipyard Fire Department, Kitsap County Fire Districts #1, #7, #10, #12, #15, #18 and City of Poulsbo, Mason Fire Districts #2, #3, #5. Mayor Herren thanked everyone for the outstanding effort they gave in assisting the City in this operation. Fire Chief Duke expressed his deep appreciation for the assistance the City received during the long 4-days. PUBLIC RECOGNITION Bob Sauter, President Kitsap County Veterans Coalition, announced the residents within the City of Bremerton and Kitsap County have exceeded Pierce and King County in the amount of financial donations for the WWII Memorial. Financial donations in the amount of $5,390.00 have been collected within the past three weeks. He noted $200,000 must be collected by March 1, 1998, in order to break ground and make the memorial a reality by Veterans Day 1998. On another issue, the Navy has decided to open us the USS Missouri for six days in January. He requested 45,000 tickets to accommodate one for every veteran in Kitsap County. It concerned him that the Navy overlooked all of the veteran's organizations within Kitsap County except three. The Kitsap County Veterans' Coalition represents 45,000 veterans. The Navy estimated 40,000 veterans in the State of Washington; however, there are over 700,000. He related comments in a letter he received from an Oregon State veteran, who received four Purple Hearts and medically discharged due to those wounds, about the poor treatment he received from a Puget Sound Naval Shipyard gate guard when he asked about seeing the USS Missouri. Mr. Sauter felt it was important that someone with authority from the City contact the Navy about how people should be treated by the gate guards. He received 175 telephone calls and 50 letters within the past week on the moving of the USS Missouri. Reverent Cleveland Williams, Ebenezer A.M.E. Church, stated he was approached by military personnel off the USS Carl Vinson, which is under the TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 4 of 13 command of Captain Crocker, volunteering to do something that would make a difference within the Bremerton community. As a result of that offer, Ebenezer A.M.E. Church, USS Carl Vinson volunteers and several concerned individuals and merchants will be putting on a free Christmas dinner on Christmas Day for all homeless people throughout Kitsap County. This event will take place at the Sheridan Park Recreation Center, from 12:00 noon - 4:00 P.M. He is overwhelmed with the offers of food from local restaurants for this event, which he views as a continuation of the outpouring of caring from the Bremerton community that was evident during the Kona Village Apartments fire. Volunteers to help on this event are welcome. Karen Williams extended a special invitation to the public to attend the Fourth Annual Martin Luther King Jr. Celebration on January 19, 1998, 10:30 AM - 1:00 P.M., at the Kitsap Pavilion. This event is sponsored by the Kitsap County Commissioners, City of Bremerton and Ebenezer A.M.E. Church. She also extended an open invitation to the public to join the Martin Luther King Community Choir. Rehearsals for the Choir will be held January 2, 9, and 16 at 7:30 P.M., at the Ebenezer A.M.E. Church. Gordy Byrd stated he was asked by someone to find out when streets will be changed to "one-way" as part of the new entrance into Bremerton. President Farr explained that issue was resolved several months ago and the option selected was not the one-way couplet street system. David Butcher, Bremerton resident, stated last month he was before Council to address a zoning issue that related to a property at 1048 4th Street. Following that meeting, he received a letter from Judy Johnson, Department of Community Development, instructing him that he could apply for a Special Use Permit to allow a particular use at that site. Two different parties were interested in opening a business at that site; however neither of them fit in the current zoning. At this point, he asked for more input from the City Council regarding the change in zoning that applied to his property on 4th Street. President Farr stated he did see the letter sent by Ms. Johnson and he will ask her to review it once again. H. Emily Moshay, Swing City Committee, thanked everyone who attended the First Annual Craft Show, which was held in the old Woolworth Building. As a result of that event, the Committee presented $50.00 plus a large basket of food to the Bremerton Food Line. Through the Giving Tree, which was chaired by Ellie Overson, 34 children will receive Christmas gifts. Marji Singleton stated her objection over the Planning Department's action requiring a Building Permit for a stairway constructed at her mother's residence at 518 7th Street. Because the structure they built provides an easier access for her disabled mother and it works fine as it currently stands, she does not want to go through the Permitting process because the City's 10-foot setback TAPE #1510 City Council Reg. Mfg. Minutes December 17, 1997 Page 5 of 13 requirement would be impossible to meet considering the structures original stairway. Therefore, she requested the Council to grandfather in the stairway that was constructed for her disabled mother. She emphasized the structure that is currently in place is very sturdy. She had an additional concern relating to the way trucks and vehicles park in an adjoining parking lot where they come extremely close to her mother's house. Susan Brown, Bremerton resident, stated she was confused about when the decision was made by the Council to not be seated as a committee to address her formal complaint filed against two members of the City council. She referenced Council's Policies and Procedures and cited the procedure for convening an Executive Session. Mr. Neville stated Council did not hold an Executive Session to discuss the claim. He informally asked the non-affected Council members if they saw any reason to continue discussion of the claim after receiving three legal opinions. No one voiced that it should continue any further. Mrs. Brown challenged that under the law Council needed to convene a meeting to address her claim. Glenna Malanca, Assistant City Attorney, explained a determination has been reached that there is a threshold decision upon the initial investigation and that there be no further investigation, which is the City's legal interpretation. Mrs. Brown stated she believes the procedure needs to be written more clearly when the Ethics Code is rewritten. Ms. Malanca stated the code is clear and whether it would be changed upon review would be determined by the City Council. Mrs. Brown stated a letter needed to be written to the claimant, City Attorney, and the accused that includes a written finding. Ms. Malanca emphasized a determination was made that there was not reasonable cause to proceed. She believed Mrs. Brown received a letter stating that determination. Mrs. Brown stated the letter was dated December 8, 1997. She believes that the process was continuing after that letter was sent to her. Mr. Neville stated no. Mrs. Brown stated then the leader of the committee rather than the entire committee made the decision. Ms. Matanca stated for clarification not everything was handled informally, there was an investigation pursuant to the ordinance and there was a determination that no reasonable cause existed and there was a formal opinion on that issue. She believes the finding of lack of reasonable cause was the informal part of the process. Mr. Neville stated right. Mrs. Brown stated that phrasing is not written in the law. She has applied for a Public Disclosure to obtain paper work involved in this issue and asked how soon would her request be fulfilled. Ms. Malanca stated she believed Mrs. Brown had been informed that the City Attorney, lan Sievers, would review that request and respond sometime after December 22. Mrs. Brown stated she was told Mr. Sievers would review her request on December 12. Ms. Malanca stated Mrs. Brown should have a written response mailed on December 18 indicating details of the schedule of a review. There is no promise that further written materials will be appropriately provided since it will depend on what is or is not determined to be a public record. Mrs. Brown stated since rewriting the Code of Ethics will take leadership in the next Council that will be TAPE#1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 6 of 13 seated in January, she wanted to know who is running for the Council President position and whether or not there is a commitment on their part to carry out that task. Mr. Neville pointed out that has not yet been determined. President Farr stated running for a Council position is an option right up to the time the ejection is held. Anyone on the Council can choose to respond to her request; however, she was again referring to the internal office elections of the City Council, which will take place on January 7, '1998. No one is obligated to indicate whether or not they intend to seek any of the public offices at this time. Mrs. Brown stated then there is no opportunity for public input to that action. President Farr stated that election process is strictly within the Council and the only ones voting on the Council offices are the seated City Council members. Larry Dickerson, Bremerton resident, stated it is his belief that elected City Officials work for the taxpayers, who are the "boss", not elected officials. He was concerned over inappropriate language used by two elected officials when he had an opportunity to speak with them recently. He asked when the City Council approves an ordinance, particularly those that have a criminal basis, i.e., misdemeanor, have questions been asked by the Council as to the enforcing authorities and how enforcement will be handled? He believes Council and citizens of Bremerton were "sold a bill of goods" on the SOAP Ordinance. Currently, there is a booking problem at the Kitsap County Jail, i.e. they can not handled misdemeanor cases. Therefore, there is no way to get someone arrested for prostitution without booking them on that charge. When he called the Kitsap County Prosecuting Office, they told him they were not aware of the SOAP order, which leads him to believe they were not considered as a prosecutorial side of the ordinance. In the future, he hoped council would ask the presenting staff how enforcement would be handled. He doubted "sting" type actions by the Police would bring the desired results. It concerned him that local women through threat of intimidation, drugs, and prostitution are victimizing innocent people. He feels strongly that "the system" has to work, but the system is broken. 8A - COMMUTE TRIP REDUCTION PLAN AGREEMENT WITH KITSAP TRANSIT~ #AB97-263 This item is a continuation of an on-going agreement with Kitsap Transit t administer all applicable plans and comply with applicable ordinance regarding Commute Trip reduction Plans. The funding for this comes from the State DOT and is turned over to Kitsap Transit per the agreement. John Clauson, Service Development Director for Kitsap Transit, stated the State Legislature adopted a Commute Trip Reduction Law in 1992, in an effort to assist in combating problems experienced throughout the state of air pollution, traffic congestion and use of energies of fossil fuels. This law requires all jurisdictions in nine Counties to adopt ordinances that require large major employers, who fit a definite definition to come up with a program to encourage their employees to TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 7 of 13 not travel to work alone in their automobiles. At that time, Kitsap Transit was asked to take the lead in administering that program since their jurisdiction encompasses all of the cities and a good portion of Kitsap County, which they did. In doing that, they entered into agreements with the cities and the County and together with the major employers affected by this law, drafted ordinances that were adopted by the local jurisdictions. Recently, the State Legislature re- addressed that law, which resulted in some minor changes and two major items. The two major items were the downward adjustment of required goals of major employers and extended the life of the Commute Trip Reduction Law out to year 2006. That action required Kitsap Transit to revisit this agreement, which would terminate in 1999, to extend the life of the agreement and make the necessary adjustments to the goals. That is the process that brings them back before Council and the need to approve the agreement as presented. Kitsap County and City of Port Orchard have already approved their revised agreement. Bob Jaenicke, Bremerton resident, asked what would this cost the taxpayers. Mr. Clauson stated it is difficult to quote an exact number as it will not result in any change in taxes or expectations of cost beyond the prior agreement. The law has been extended giving them more time to deal with the program. Mr. McConnell asked if Mr. Clauson had an estimate on how many trips were reduced in 1996. Mr. Clauson stated 1997 was a mile stone year for the Commute Trip Reduction law. The major employers required to comply with this law were required to survey their employees to determine the level of success in reaching their goal. Out of the 27-30 employers in Kitsap County that are affected by this law, 13 achieved the goal and all of them are in compliance with the law. There is 100% compliance within Kitsap County. Of those that did not achieve their goal, the majority of them are heading in the right direction. Mr. McConnell questioned if he understood correctly that the Washington State Department of Transportation provides the funding. Mr. Clauson stated yes, the State provides funding to the County to help fund the whole program. Mr. Colvin expressed his appreciation of citizens asking questions on issues before Council. He questioned the goal set by the State? Mr. Clauson stated the 1997 goals are 20% in the change in single occupancy vehicles (SOV), 25% in 1999, and 35% by year 2005. Mr. Colvin asked how this program is evaluated and is their progress being made? Mr. Clauson explained the employers are required to survey their employees, during the milestone years, as to how they travel to work and that is the basis for the determination whether or not they have succeeded in reaching their goal. President Farr stated he was not sure Mr. Jaenicke's question was completely answered. He referenced the Agenda Bill form, under item #6 - Impact on staffing, budgets, facilities, etc., which stated "none", but within the documentation it states communities over a certain size develop Commute Trip TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 8 of 13 Reduction Plans, which are then funded by the State Department of Transportation. Those funds are forwarded to the County and distributed to the other jurisdictions. He will provide Mr. Jaenicke more detailed information on that point at a later date. Bob Fer,quson, TDM Administrator for Kitsap Transit, stated a 2-year grant of $256,000 is provided by the State DOT, which is then dispersed by the County to the various jurisdictions. The 13 employers that did meet the 1997 Commute Trip Reduction goals, using the Department of Ecology's formula, were able to prevent approximately 30 million vehicle miles of travel, approximately 4,000 vehicles have been removed from the roadways per day during commute rush hour and 2 million dollars in fuel cost saved and prevent 1.5 million pounds of air pollution. #2024 M/S/C/U(Huff-Menees/Neville) Motion to approve the continuation of the agreement with Kitsap Transit and authorize the Mayor to sign the agreement for the City. 9A - RESOLUTION 32640, SETTING FEES FOR GOLD MOUNTAIN GOLF COMPLEX AND REPEALING RESOLUTION #2571, #AB97-264 In order for the City's Gold Mountain Golf Complex to remain financially sound, it is necessary to implement fee changes on a regular basis. As has been demonstrated through the financial modeling of the course operation, rate increases are required for the complex to remain financially sound. Fees at the complex were last changed January 1, 1997. Jim Spencer, Parks and Recreation Director, stated this issue addresses two segments: (1) the Cascade Course - the proposed rate increase is 5.2% overall, which is consistent with the increases historically seen on that course. (2) The new Olympic Course - the philosophy has been changed to be more aggressive in terms of revenue generated and treating it more business like as opposed to what they are seeing on the Cascade Course. In both instances the proposed fee increases are competitive and consistent with the quality of the project being delivered to the local golfer. The Gold Mountain Board of Directors and the Parks and Recreation Commission have endorsed the proposed fee increases. Public comment - none. #2163 MISICIU(Neville/Montgomery) Motion to pass Resolution #2640 setting forth a fee structure for Gold Mountain Golf Course and repealing Resolution #2571. 10A - ORDINANCE #4615(SECOND READING) ADOPTING THE 1998 BUDGET~ #AB97-252 Rich Hanna, City Treasurer, stated he distributed updated pages of the Budget document to the Council members at their pre-Council Study Session for TAPE t/1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 9 of 13 allocation of Fund 104 (Hotel/Motel Tax), which accurately reflects the results of Council's deliberations on that issue. Del Knauss, Bremerton resident, stated he believed Bremerton Main Street Association was the only group that actually accomplishes something for the money they receive. He suggested giving each of the five groups identified $19,000 instead of the amounts listed in the budget document pages. He pointed out in 1994 the Mayor's salary was $57,648 and the total Mayor's operating budget was $128,183. The 1998 budget shows the Mayor's salary as $67,961 and the operating budget costs at $212,241.00. He emphasized in four years that office's budget went up by $84,000. The Mayor's salary, in four years, has increased by $10,013.00. He hoped that other departmental budgets had not increased by the same percentages as those in the Mayor's office. He referenced the Police Department Budget, questioned the need for an Assistant Police Chief, and assumed the position of an Administrative Analyst referred to consultant services. He questioned why pay a consultant to determine what is wrong with the Police Department when the Mayor and Police Chief can determine it. He referenced the City Council's budget and pointed out the documentation does not include the stipend that was allocated for the City Council President. It was his opinion that the City Council needed to take formal action to implement their increase in salary prior to approving their departmental budget. Lastly, he addressed the utility tax rates: (1) electric 6%, (2) gas 6%, (3) cable TV 7%; (4) telephone 6%, (5) water 6%, (6) wastewater 6%, (7) garbage tax 16%. In his opinion, under the garbage tax, the City is overcharging the citizens $40,000 for every percent over the legal limit. He believes the Attorney General's opinion on this tax was quite clear and if Council does not address that issue, they could find themselves in trouble in 1998. Teresa Findlay, Bremerton resident, stated since Sherril Huff-Menees accepted the position as Executive Director of Kitsap Regional Council in-1998, she should remove herself from being seated or speaking on this agenda item. Ramona Hopkins, Bremerton resident, stated since Councilman Lon Overson and his wife own a Bed & Breakfast establishment he should step down from speaking on or voting on the 1998 Budget. Jack Lefcosk!, Bremerton resident, stated considering several new Council members will be seated January 1, 1998, he recommended delaying any action on the 1998 budget until after that date. Paul Drnievic, Citizens for Safe Water, asked that the funding for fluoridation of the Bremerton water system be removed from the 1998 Budget. He believes that a Council Retreat held on April 19, 1997, was illegal because there was not adequate public notice given, that fluoridation was not a published retreat agenda item; that fluoridation was not an appropriate topic to discuss because it was a TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 10 of 13 published Bremerton City Council agenda item for April 23, 1997; and there was a majority of the City council members present. He requested he be provided copies of any publicity advertised notices, the dates they were advertised, and which showed the retreat and agenda items. He also wants copies of Council Agendas and minutes of meetings of March 26, 1997, April 2, 9, 16, and 23, and copies of the agenda for the April 19, 1997 retreat. If fluoridation is not removed from the City of Bremerton 1998 budget, they will pursue further legal avenues. Glenna Malanca, Assistant City Attorney, stated there could be two possible areas of analysis, one would be an incompatible office and their particular requirements for the two offices that don't apply in this case and the other would be a potential conflict of interest, which would be a personal financial benefit to the Council member. A benefit would be if there was an amount of contribution by the City to the Kitsap Regional Coordinating Council that would flow personally to the Council member. Therefore, she was not concerned about a vote on the 1998 budget by that Council member. Mrs. Huff-Menees stated in anticipation of a possible controversy over this issue, she did seek legal counsel. She is currently serving as staff of the Kitsap Regional Coordinating Council and was advised by legal counsel that she could stay seated and vote on the issue by disclosing her position on the Regional coordinating Council or abstain from voting. She has participated in budget discussions and on first reading of the budget ordinance she abstained from voting and she will abstain from voting at this time. Ms. Malanca stated the second conflict of interest allegation involved in Ms. Hopkins' comments relates to Lon Overson's ownership of a Bed & Breakfast. The fact that there are advertisements for hotels/motels/bed & breakfast establishments in the Bremerton area, the personal benefit would be so very remote that it is not a concern. President Farr stated based on that legal opinion, all Council members would remain seated. #2976 MISIC(Montgomery/McConnell) Motion to pass Ordinance #4615, on second reading, approving the 1998 Budget. Mr. McConnell pointed out State law requires the City to adopt the coming years' budget prior to its effective date of January 1, 1998; therefore, Council cannot postpone taking the required action. Mr. Overson stated in response to Mr. Lefcoski's concern, there are adequate opportunities for the new administration to make modifications to the budget as they see fit. Mr. Colvin noted the 1998 Budget is not etched in concrete and emphasized the fact that the Council members elect have not had the same background data as the Council to make the budgetary decisions. He questioned whether or not the issue brought up by Mr. Drnjevic about Council having an "illegal" retreat applies to this discussion. President Farr pointed that issue had already been TAPE//1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 11 of 13 addressed several times in the past and the legal opinion was that Council had not compromised the Open Meeting Act. Moreover, that discussion is not pertinent to this item. Mr. Law expressed his support of funding for the Naval Museum and pointed out people have to have something to see when they visit this area. It concerned him greatly that funding for the museum had been drastically cut and in his opinion would give the Naval Museum Board few options that could end up closing the museum, look for other sponsors or relocate somewhere else within Kitsap County. The museum just received notice today that they will be able to take custody of the sale from the namesake submarine USS Bremerton; however, they may not have a place to put it. He also supported allocating funds for the Bremerton Main Street Association based on their sponsored events that bring people into Bremerton. Because of his concerns, he will not support the budget as presented. TAPE #1511 Mr. Overson stated he also had concerns over the distribution of Fund 104 and the support for the Naval Museum. He wants to see Council involved in attempting to resolve the continuing concern in how best to use the funds and in the development of contract agreements with each of the organizations receiving Motel/Motel Tax funding. He feels it is important that an ongoing effort be made to make future allocations of these funds more scientific and more affective. In regard to the issue brought up by Ms. Hopkins, he and his wife do own a small Bed & Breakfast (3-rooms), which is basically full most of the year. He doubted they would see much more business from the Visitor & Convention Bureau's activities. They normally see most of their support from other areas that result from advertising that they place in the Seattle area. Mr. Neville emphasized there is never enough money to meet all the needs and requests. The Lodging Tax Committee was appointed and they took their task seriously and provided a recommendation to Council, which is not being followed. Every year some kind of "fix" is attempted, but none have been successful. The 1998 Budget has been studied extensively and will be a working budget for the coming year. Vote on Motion: In Favor: Montgomery, Neville, Farr, Overson, McConnell, Colvin Oppose: Law Abstain: Huff-Menees Motion carried. 10B - ORDINANCE#-4616 (SECOND READING) AMENDING THE 1997 BUDGET, #AB97-261 TAPE #1511 City Council Reg. Mtg. Minutes December 17, 1997 Page 12 of 13 Glenna Malanca, Assistant City Attorney, stated Council members Al Colvin and Cecil McConnell should step down due to their being personally benefited through this ordinance. Mr. Colvin and Mr. McConnell stepped down and left the Council Chambers at 7:15 P.M. Public comment - none. #0140 M/SICIU(Montgomery/Huff-Menees) Motion to pass Ordinance #4616, on second reading, amending the 1997 Budget. Mr. McConnell and Mr. Colvin returned to Council Chambers at 7:17 P.M. 11A - PUBLIC HEARING - TO CONSIDER THE OYSTER BAY AVENUE REZONE AND A RELATED ORDINANCE (FIRST READING) TO AMEND THE OFFICIAL ZONING MAP, IF APPROVED, #AB97-265 Upon completion of the 67-acre Oyster Bay Avenue Annexation earlier this year, some lands were brought into the City with zoning which was inconsistent with the Comprehensive Plan. The northern portion of the annexation area was given temporary Iow-density residential zoning upon annexation, in recognition of an existing neighborhood, and with the understanding that the City's Comprehensive Plan called for a transition to commercial, when appropriate. The area has changed considerably since its annexation and this rezone is now appropriate. Following its public hearing on July 15, the Planning Commission considered the Rezone proposal and recommended City Council approval of the "GB (General Business)" zone, which is consistent with the current Comprehensive Plan designation. Ron Hough, Planning Manager, Stated the Oyster Bay Rezone started in February 1990, when the City adopted the West Hills Area Plan that addressed streets, utilities and land use. All of the area identified in the Plan has been annexed into the City in 2-3 sections at a time. The annexed area was given a City Comprehensive Plan designation and City zoning. Part of the City zoning was to place the residential properties on hold temporarily in the Residential Zone even though the long-range plan designated it as commercial. The definition of that kind of action is called "phasing", and is a section of the Zoning Ordinance that allows the City to place zoning that is not directly consistent with the Comprehensive Plan with the intention of brining it into consistency at a later date. The City was also undergoing a program to establish an "odor easement" in the area to remove potential residential odor related problems and impacts on the neighborhood. Since the area was annexed, most of the homes have been TAPE #15 City Council Reg. Mtg. Minutes December 17, 1997 Page 13 of 13 removed, and the City Administration determined that now is an appropriate time to change the zoning to bring it into consistency with the Comprehensive Plan. President Farr asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Admiral Ross stated he was concerned about 3--4 houses between Oyster Bay and Cottman Street. He wanted to know what the City plans to do with the subject property. Mr. Hough stated he was not sure if the property identified by Mr. Ross was in the odor easement program. If it isn't, it is proposed to be zoned General Business and the houses currently in place would continue to be legal non-conforming uses and would remain houses virtually forever. The City's Zoning Ordinance even allows a house to be rebuilt if it is totally destroyed. Mr. Ross has the opportunity to develop his property as a business, sell it for business use or have it remain residential. Mr. Montgomery questioned how the City could include a State Highway in a rezone. Mr. Hough explained City limits go beyond the freeway to the east so when the area was annexed the highway was included and the zoning generally follows. #0405 M/S/C/U (Montgomery/Huff-Menees) Motion to approval Ordinance, on first reading, amending the Official Zoning Map of the City of Bremerton, in the Oyster Bay Avenue area, south of Werner Road. President Farr thanked the TV camera crew for their services: Bob Neal, Mike Peebles, and Eva Williamson. With no further Business meeting adjourned at 7:25 P.M. DAVID FARR, City Council President City of Bremerton P J/DF/me Cc: Normal Distribution FileNault