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HomeMy WebLinkAbout04/17/96TAPE #1373 UNAPPROVED DRAFT COUNCIL APPROVED MAY 1 1996 CITY COUNCIL MEETING MINUTES APRIL 17, 1996 #0033 #0048 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, April 17, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, David Farr, Richard Neville, and Lon Overson. Councilman Sherril Huff-Menees was absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Paul Meeker of Our Saviour's Lutheran Church. President Law made the following announcements: (1) Immediately prior to this meeting, Council Executive Session to discuss "Potential Litigation". concluded an (2) Immediately following this meeting, Council will hold a Study Session to discuss the "Kitsap Regional Council Interlocal Agreement". (3) The City Council Retreat scheduled for April 20 has been rescheduled to April 27, 10:00 A.M. to 2:00 P.M. CONSENT AGENDA A. Minutes - April 3, 1996 #AB96-077 M/S/C/U(Neville/Farr) to approve 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. M/S/C/U(Colvin/Montgomery) on April 17, 1996, the Council does approve for payment those vouchers included and further described as follows: 196835 through 197036 in the amount of $265,229.44. COUNCIL MEMBER REPORTS Mr. Overson stated with the advent of spring and summer, we can look forward to more activity downtown, such as the Farmers Market and Concerts On The Boardwalk. One activity that has been here all winter, and is open for public viewing is the Turner Joy. He TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 2 of 10 encouraged members of the public to take the opportunity and see what has been expanded on board to be viewed by the public. Starting in May, the Turner Joy will be open 7 days a week. Mr. Meville reminded everyone of the Harrison District meeting scheduled for April 29, 7:30 P.M., at Canterbury Manor. Anyone having questions about this meeting can contact Kay Wilson or Ron Hough at 478-5275. Mr. Montgomery reminded the public of the "clunker clean up" program in honor of Earth Week, sponsored by Chico Towing and the City of Bremerton. City residents can call 478-5223 and make a "Clunker Clean Up Request". He further commented on a recent Letter To the Editor from John Thomas in which he referenced a letter submitted by Mary Izzo dated April 8. To clarify for the public, it is required by law that all City Council members live in the district from which they are elected. He assured Mary that none of the nine Council members have "deep pockets", and all of them have to pay for their sewer service whether or not they like it. He urged Mary and John to attend more meetings of the City Council, i.e., study sessions, in order to learn more about what is going on before making inaccurate public comments. The current Council has no way of changing what happened 10 years ago, but must deal with things on a day-to-day basis. Just because someone "screwed up" 10 years ago, doesn't mean that we can eliminate it without some kind of a cost affecting all of the residents of the City. Mr. Colvln announced the next District #1 Neighborhood Meeting will be held May 16, 7:00 P.M., at the Sheridan Park and Recreation Center. Mayor Lynn Horton will be the guest speaker at that meeting, and will comment on the "State of the City". He noted that any suggestions or concerns submitted in writing will be given priority at that meeting as well. Mr. Winters asked the citizens of Bremerton and visitors passing through to be aware of road work going on during wet and rainy weather. He thanked the Police Department for doing all they can to make the City safer. On Saturday evening, he was pleased to see activity on the boardwalk, particularly those boarding a cruise ship. Lastly, he wished his Father a "Happy 66th Birthday". Mr. Law recognized the passing of a great patriot, Admiral Jim Russell. He was the epitome of a real "officer and gentleman". He appreciated the citizens who attended the District 3 meeting last night, and stated it was a very educational meeting. He attended the ribbon cutting ceremony, sponsored by the County, for the new Hazardous Waste Building near the Olympic View Landfill site. There is no cost to any non-commercial county resident for dumping TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 3 of 10 off hazardous waste at the site on its days of operation which are Thursday, Friday, and Saturday, from 10:00 A.M. to 4:00 P.M. MAYOR'S REPORT Mayor Lynn Horton again reminded the public that this is Spring Clean Up week, and if a City resident has yard waste to dispose of, they can bring it to Evergreen Park through April 19, from 10:00 A.M. to 6:00 P.M., and on April 20 from 6:00 A.M. to 8:00 P.M., free of charge. Loads should not be larger than pick up trucks or small trailers, no longer than 8 feet. In addition, the Olympic View Landfill will be accepting upholstered furniture (no appliances) and mattresses at one-half the regular cost. This service is being provided to the Bremerton community by the City, Olympic View Landfill, and Brem-Air Disposal, Inc. Mayor Horton extended a special "thank you" to Merrill Wallace, from the Bremerton Housing authority, for taking the time to help a gentleman, who looked to her for help in sorting out a problem with a late payment of his rent, and was caught up in a "bureaucratic maze". Mayor Horton read a Proclamation identifying the month of April 1996 as "Washington State Disaster Preparedness Month", which was accepted by A1 Duke, Assistant Fire Chief. He stated Disaster Preparedness information is available for citizens at the Fire Department or by calling 478-5380. PUBLIC RECOGNITION Gordy Byrd agreed with Councilman Montgomery, and has always encouraged citizens with complaints to attend a City Council meeting and present their concerns in person to the Council. Donald L. Larson, President of the Washington Scuba Alliance, announced on April 15 educational signs were installed at Evergreen Park and Lions Field. He encouraged the Council to write letters to public officials requesting that a Navy Ship be made available to establish an underwater park in Bremerton. He reminded the public of the Sinclair Inlet Clean Up on April 20, 12:00 noon to 3:00 P.M., at the First Street Dock. Elizabeth Buell thanked the City for working on the removal of the Scotch broom. Ed Pietras, President of the Martin Luther King Memorial Scholarship Fund, announced the annual Constitution Day Luncheon will be held on September 15, 1996, 1:30 P.M., at Ruffino's Restaurant at the Best Western Bayview Inn on Kitsap Way. The highlight of the program will be the presentation of the "Bridge Builder Award" to Kitsap County Commissioner Win Granlund for his TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 4 of 10 many years of service to residents of Kitsap county. The guest speaker will be Dr. Janet Berry, Superintendent of Central Kitsap School District, and recently voted as the most Outstanding Superintendent in the nation. The next planning meeting for this event is scheduled for April 20, 9:00 A.M., at Annie's Garden Buffet restaurant in the Perry Avenue Mall. The public is invited and encouraged to attend. John A. Steffens, Olympic Peninsula Building & Construction Trades Council, announced that Gold Mountain Golf Course has been chosen as the site of this year's D.A.D.S. Day Golf Tournament, on Friday, June 14, starting at about 11:00 A.M. This is a fund raiser to help fight diabetes. President Law announced item 8B has been pulled from the Agenda. 7A - BID AWARD RECOMMENDATION - 11TH STREET RECONSTRUCTION PROJECT, CHESTER AVENUE TO WARREN AVENUE, #AB96-078 Bids were opened for the llth Street Reconstruction Project on March 25, 1996. Three bids for this project were received. The low bidder is C.A. Carey, Corporation in the amount of $396,692.80, including sales tax. The Engineer's estimate prepared on completion of design for this project was $349,391.80 including sales tax. The primary reason for the difference between the Engineer's estimate and the contractor's bids appear to be because the steepness of the grade and the amount of time llth Street can be closed. The action before the City Council is approval of a contract for construction of this project. Randy Witt, City Engineer, stated since the bids were received and opened, his staff checked references for the selected contractor, and was also looking into their experience on this type of project. It was found that the contractor has a great deal of experience on these types of projects, and all of his references gave "glowing" reports. Public comment - none. Mr. Overson stated it was his understanding there would be a significant number of improvements to this area, and asked Mr. Witt to elaborate on the anticipated results. Mr. Witt clarified the area in question is on llth Street from Warren Avenue to Chester Avenue. The street will be reconstructed with concrete, rather than asphalt (which tends to slide), along with the construction of a sidewalk on the north side and the addition of some street lighting. The road will need to be shut down, possibly for up to three weeks. There is an extensive detour plan in place to reroute traffic down 6th Street. #1067 TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 5 of 10 Mr. Neville asked approximately how much time is anticipated for closure of the road, and when will construction start? Mr. Witt stated the contract allows 21 calendar days. The project will get underway as soon as the contractor has been lined up, and as soon as the weather permits. there will be sufficient notification given through signs, newspaper articles, and radio announcements. M/S/C/U(Montgomery/Farr) to approve the contract for $396,692.80 with C.A. Carey, Corporation for construction of the llth Street Reconstruction Project, and to authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures. 7B - CALLOW AVENUE BASIN CSO REDUCTION PROJECT, PRIORITY 1, PHASE 2 (V4214) PUBLIC WORKS TRUST FUND LOAN APPROVAL, #AB96-079 Last year, City staff applied to the Public Works Trust Fund (PWTF) for a low interest loan for the Callow Avenue Basin CSO Reduction Project; Priority 1, Phase 2 construction. The application ranked highly in the selection process, was recommended for funding by the PWTF Board, and was recently approved for funding by the State Legislature. The attached loan agreement has a face value of $2,844,000.00, an interest rate of 1%, and is payable over 20 years. Matching funds are provided in the approved 1996 budget. Staff recommends approval of the loan agreement. Randy Witt, City Engineer, reported this was good news for the City and the third year in a row the City has benefitted from this source of funds. This provides for a low interest loan for construction of a phase for the Callow Avenue Basin CSO Reduction Project, to be constructed this summer. He pointed out that over the life of the loan, the City will save almost $2 million using this type of funding, compared to other funding normally used. It is a great deal, and a great opportunity. Public comment - none. Mr. McConne11 asked which funds are going to be used to repay this loan? Mr. Witt stated the revenue from the stormwater and the sewer rates. Mr. McConnell then asked if this will increase the stormwater and sewer rates? Mr. Witt stated no, this will actually put off additional rate increases, and referred to a Cost of Funds Comparison chart showing there will be a slight increase in the next few years, but the long term is where the City will save money. Mr. Montqomery thanked Mr. Witt for the outstanding job he has done on this CSO Reduction Project, and the work involved to get this type of loan. Saving $2 million over the life of a loan is "pretty #1194 TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 6 of 10 good savings". M/S/C/U(Montgomery/Farr) to authorize and direct the Mayor to enter into the attached loan agreement with the Public Works Trust Fund in the amount of $2,844,000.00 for the Callow Avenue Basin CSO Reduction Project; Priority 1, Phase 2 construction. 8A - ORDINANCE NO. 4550 (SECOND READING) ADOPTING INTERIM LAND USE PERMIT REGULATIONS, #AB96-076 Ian Sievers, City Attorney, commented that much of the discussion from the Council meeting focused on Council's discontent with the restrictive nature of the Council hearing that would take place on these reform rules. A handout was given to Council members at a Study Session, titled Regulatory Reform Options, and the highlights were discussed. Common questions addressed and answered are 1) Who may file an appeal; 2) What else may be submitted; and 3) Who has the burden on appeal. Recommendations were also discussed, with model language provided. President Law observed that the recommendations just provided, still do not change the situation of the inexperienced person with an investment in a home or piece of property, who must compete with a developer or someone with a great deal of experience with the process of the Planning Commission, Planning Department, etc.. Such a person has less of a chance to get through the Planning Commission process, to appeal, and then to come before the City Council than the ,'professionals"; and will need to support his concerns, while learning the process at the same time. It seems the Legislature has picked on the "little guy", and this offends him. Mr. Sievers stated Mr. Law's comments were fair criticism of the Legislation, and through his own experience on the Council, knows first hand that this is a learning experience for many citizens, who have a concern, and may never have come before Council previously and are unprepared. It is true that the changes and recommendations made tonight do not address this problem. Once the Planning Commission hearing is gone, it is gone. The only way to correct that is for the Planning Department to provide a lot of very detailed information with easy access. When notices go out that an item is going to the Planning Commission, an outline of the full procedure could be included, with the limitations of the Planning Commission on appeals brought before Council. Hopefully, the public can be notified that an item is going before the Planning Commission. If the Ordinance is not passed tonight, The City will be behind deadline. The concern is that appeals might be forthcoming, and filed with the Planning Commission. Timing is critical, and if the procedures are not in place, the City will not be in compliance with State law, and any decisions made may be TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 7 of 10 challenged. Mr. Farr, commented that this ordinance expires 90 days after the effective date, and even if it isn't perfect and is passed tonight, there is an opportunity to get it right later. He asked what the process will be to get public input on the new regulations. Mr. Sievers stated he has talked with Planning Department staff and the plan is to follow up with another joint Study Session with both the Planning Department and City Council, which will be open to the public. Some text changes will be developed that will provide a lot more detail than this interim ordinance, and they will go into the permanent Zoning Code. A lot of notice to the public will be provided. Mr. Winters stated he abstained on the vote at first reading of the ordinance based on his belief that a lot of the information that was being put before the Planning Commission would be eliminated before being brought to Council. With these recommendations presented tonight, it is helping him to understand now that Council still shall enter its decision based on the record, except limited new information or evidence as allowed by Council rules. He is glad to see the City Attorney change this due to previous debate. Mr. McOonnell asked if his understanding is correct, that verbal arguments will be allowed at a closed hearing, as long as it pertains to what took place at the Planning Commission? Mr. Sievers stated yes, and since Council will be aware of the record, it will be up to the Chair to keep it on track and not allowing new information. Mr. Colvin asked if the two-step process would still be in place where an item denied by the Planning Commission would then be brought before City Council for appeal? Mr. Sievers stated the two-step process for an appeal is still there. The only problem is whether it is going to be allowed for the Planning Commission to take the testimony to Council, and will it be based on a closed record. Mr. Colvin asked if the citizen would again provide verbal testimony? Mr. Sievers stated the citizen would file an application with the Planning Department as they do now, and probably provide argument referencing the Planning Commission decision and referring to the record, but this can be considered "argument". There is a trend to go with Hearings Examiners more and more often on land use decisions. He does not know if the State Act was created because they were listening to citizens or to developers, or if they thought it would speed the process. Mayor Morton reminded Council that this was "ground breaking" legislation, and there is a second chance to review this ordinance and make recommendations after 90 days. Between now and the next #2079 TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 8 of 10 legislative process, it will be helpful toward the end of the year for Council to have a Study Session and to review whether this process is working well. At that time, written information can be provided to the legislature regarding what was experienced with the new process. She believes there are both pros and cons with this legislation. Streamlining the process will probably be helpful to the "little people" as well as to the developer, if we can articulate the process clearly enough to everyone as to what it is they can expect. That is our greatest challenge, and constant feedback will be needed. In turn, this will need to be communicated to the Legislature. Public comment - none. Mr. Montgomery stated he just received additional information tonight and asked if this item could be tabled one week to allow for the reading of this information? M/S/F(Montgomery/Colvin) to postpone action on this item for one week in order to review material just received. Mr. Neville asked the City Attorney for further clarification of what is meant by the "approval criteria" from Item III of the Regulatory Reform Options handout. Mr. Sievers stated the "approval criteria" is for the project permit, and the criteria will vary depending on the project. Mr. Overson commented that this is some of the worst legislation he has seen. He was concerned about this item being tabled one week because he will not be at next Council meeting and wanted to include his comments and concerns. Mr. Colvin questioned any impact if Council did not pass the ordinance at this time? Mr. Sievers explained the principal disadvantage of not passing the ordinance at this time is that the City is now out of compliance with State law with the hearing process in the current code; and some person could use that to obstruct a permit process. Mr. Colvin asked if the City would be subject to a lawsuit? Mr. Sievers stated yes, the City could be sued for improper procedures and the action or final decision made would be involved in a suit to set that decision aside. Mr. Colvin asked if the City would have any recourse to not follow the State law? Mr. Sievers stated no, he outlined the very small options with the closed hearing and the other major approach is to take the record hearing at Council and not at the Planning Commission. Mr. McConnell asked why this issue was coming before Council after the deadline set by the State? Mr. Sievers stated it was his understanding the City was tracking the April 1 deadlines; however, TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 9 of 10 the Planning Department has been short of staff, which may have added to the delay. The proposed ordinance is not one we want on a permanent basis and it is viewed as a "stop gap" action. Mr. McConnell asked how will changes be made within the 90 day time frame or will Council see a new ordinance addressing the permitting process? Mr. Sievers explained the proposed ordinance would be gone after 90 days and a new ordinance adopted. There are two approaches in the model ordinance he mentioned, i.e. Mill Creek's ordinance was all nicely contained in a single chapter on appeals. Some of the other model ordinances went through and changed various parts of their Zoning Code. It would be his recommendation to let the Planning Department determine the best approach. Mr. McConnell asked how will postponing action on this ordinance make it any more palatable? Mr. Winters stated he did not believe it was in the City's best interest to be out of compliance with State law and the City will have a 90-day review period to fine tune the permanent ordinance addressing the permit process. Mayor Morton emphasized a great deal of effort has been given updating the Comprehensive Plan and new development code/Zoning Ordinance so it can be brought before Council. Also, the Planning Director's health problems have added to the delay of bringing this item before Council. However, this is indicative of the State giving cities too much to do in too short a time and most of us have too little staff to deal with what they have mandated. President Law stated he would like to see this put together in the form suggested by the City Attorney and make it available to the public for their review. He feels strongly the "little guy" is getting short changed and Council needs more time to look at what is being proposed. Mr. McConnell stated deliberately going out of compliance with State law could make it difficult in the future to get the State Legislature to change it the way it ought to be. Mr. Montgomery restated the intent of his motion was to allow Council the opportunity to review the material that was handed out just prior to the meeting. Mr. Sievers stated as long as Council is not making the fundamental assignment on the "open hearing", the practice will be to continue having the open hearing before the Planning Commission and it allow Council to have a lead time. Again, the only problem is to let people know before the Council hearing that their opportunities at Council may be foreclosed. He did not see delaying Council action for one week would create a problem. Mr. Overson stated he intended to vote against the motion to postpone because it does not appear it will contribute anything to the ultimate end. He urged Council to vote against the motion to #2514 TAPE #1373 City Council Reg. Mtg. Minutes April 17, 1996 Page 10 of 10 delay one week and approve a motion to implement the interim procedure. Mr. Winters asked if Mr. Overson intended to vote with the recommendations in the second motion or leave them out completely? Mr. Overson stated with the recommendations in the second motion. Vote on motion: Motion failed. In Favor: Opposed: Montgomery McConnell, Colvin, Winters, Overson, Neville, Farr, Law M/S/C(Neville/Farr) to pass Ordinance No. 4550 on second reading, implementing interim Land Use Permit procedures pursuant to ESHB 1724, Ch. 347 Laws of 1995, with the noted exceptions at the end of page 2 of the ordinance, top paragraph deleting the sentence "The City Council shall make its decision based on the record."; and add: "The City Council shall enter its decision based on the record except limited new information or evidence as allowed by Council rules"; and delete the following sentence from Section 2(3): "The Council may modify or reverse the decision of the Planning Commission if the party seeking relief has carried its burden of proof as to one or more of the following standards (include the listed standards (a) through (f)"; and enter in the second recommendation that: "Council may modify or reverse the decision of the Planninq Commission based upon its Findings and Conclusions that approved criteria for the particular project permit have or have not been met; and amending Bremerton Municipal Code Title 21. Vote on motion: In Favor: Opposed: Overson, Neville, Farr, Law, McConnell, Colvin, Winters Montgomery Motion carried. With no further business meeting adjourned at 6:55 P.M. KATHLEE~ L. McCLUSKEY, C~y Clerk ~/J6HN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault