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HomeMy WebLinkAbout03/16/94 COUNCIL APPROVED I AR 3 0 199 TAPE #1183 UNAPPROVED DRAFT CITY COUNCIL MEETINg MINUTES M~RCH 16. 1994 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, March 16, 1994, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Richard Neville, Morrie Dawkins, David Fart, Lon Overson, John Law, A1 Colvin and Sherril Huff-Menees. Councilman Bob Winters was absent. Also present were City Attorney Ian Sievers and Acting city Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Councilman A1 Colvin. ~0NSENT agENDA A. Minutes of Meeting - March 2, 1994, AB94-051 #0022 M/S/C/U(Neville/Farr) to approve the Consent Agenda as presented. CLAIMS/W/~NT 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 M/S/C/U(Colvin/Dawkins) March 16, 1994, the Council does approve for payment those vouchers included and further described as follows: 173698, 173700 through 173860 in the total amount of $638,422.93. COUNCiL MEMBER REPORTS Mr. Colvin reported today at the Bremerton Central Lions Club meeting he heard a presentation by Bremerton Police Officer Gerald Fitzpatrick, who played the bagpipe, share information on gang activity and its impact on the City and the responsibility of citizens to be involved and become knowledgeable of what's going on in the community. He attended District #3's neighborhood meeting on March 16, which was well attended and very enjoyable. He reminded everyone that District #1's Neighborhood Coalition Meeting will take place March 24, 7:00 P.M., at the Sheridan Park Recreation Center. Mr. Dawkins wished his wife a "Happy Anniversary". Mrs. Huff-Menees stated it came to her attention there was a TAPE %1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 2 of 16 question regarding the possibility that she may have breached a Council policy in her comments at the previous meeting following Mrs. Long's public comment. The policy in question is: there is not a rebuttal from Council to public comment. She emphasized she did not rebut any of Mrs. Long's comments, but did question the appropriateness of her bringing to Council aquestionnaire that was not issued by the City Council but was issued by her Council representative with the intention of having it returned to her Council representative. She apologized to anyone who might have felt she had rebutted Mrs. Long's comments or anyone's comments. She gave credit to Mrs. Long for her regularly attending City Council meetings and uses those opportunities to make her views known. While Council welcomes input from all citizens, they also know that opportunity and rights for Mrs. Long have not been infringed upon by anyone on the City Council. If rules have been bent at all, they have been bent in Mrs. Long's favor in terms of allowing comment even at such time when the discussion is closed to public comment. Mr. Law reported District #3's monthly meeting was held March 16 and he was pleased to report those in attendance were in excess of 50 people. He appreciated having City Engineer Randy Witt discuss some of the aspects of the repair of the bridges, particularly the Manette Bridge. They were honored to have Senator Betti Sheldon participate in that discussion. At that same meeting, the K-Prep program was presented. Mr. Fart reported today he had the privilege to serve on the selection committee for the consultant films for repairs and upgrades to the wastewater treatment plant and collection facility. He was quite impressed with the quality of the four consultant fi£ms interviewed. He learned through this process that Bremerton is not the only place where sewer treatment plant odor problems were encountered. That information was documented as experience and qualifications of the consulting firms vying for the City's contract. And, such problems were not limited to the northwest, but reached across the nation where communities were backfitting sewer plants with equipment that will correct odor problems. In reference to his District #6 questionnaire, he shared the following response: overwhelming majority of the responses listed as one of their highest concerns the trashiness of some of the neighborhoods. Their wishes included having such areas cleaned up, which they felt would result in putting pride back in the community. Mr. Fart shared their view and recently viewed a program on CNBC, sponsored by a Board of Realtors, that pointed out trash in the neighborhood could devaluate property by 15% at time of sale, and vacant/abandoned/ derelict houses could devaluate property by 35% when trying to sell them. He feels strongly that this is an issue that concerns everyone, both in attitudes and pocketbooks. He TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 3 of 16 encouraged people to bring forth their feelings on this issue through letters to him, Mayor Horton's office or the City Council office. The City already has in place a complaint reporting process through the Building Department and he encouraged anyone who is aware of a trashy condition within their area to file a complaint. Mr. Neville expressed his sympathy to the Carpenter family in the passing of Murrel Carpenter, who dedicated over 27 years of service to the Warren Avenue PeeWee Association. Mr. Overson reported he also attend the District #3 neighborhood meeting and everyone was quite well educated by Mr. Witt and Senator Sheldon. In reference to the garbage problem in neighborhoods, it did not please him to report that currently there is a residence in his neighborhood that has created a mountain of garbage. A complaint has been filed with the City, however, that process gives the homeowner a lot of rights but the surrounding neighbors have to put up with the bad odor, infestation of rats and unsightliness. pUBLIC RECOGNITION Mayor Lynn Horton reported she also served on the selection committee for the consultant services for sewer treatment plant upgrades. She was impressed with the caliber of presentations of all the firms and believed there was a clear consensus from the group on the final selection. On Saturday, March 12, she attended the Women's Multi-Cultural Conference held at Olympic College. Henry Mincey, Safe Street Coordinator, was a presenter at that event and did an outstanding job. She emphasized the City's dollars are spent wisely having Mr. Mincey on-board and assisting the City. In response to a question raised by Mrs. Reese about the City looking into its insurance policies concerning the sewer treatment plant, the City is reviewing the liability insurance coverage during the years of sewer treatment plant operation for compensation. Several weeks ago a citizen expressed concern over the safety of pedestrians crossing the street at 11th and Warren Avenue and asked her to look into the matter. As a result of her investigation, she became educated on how crosswalk signals work based on the Manual On Uniform Traffic Control Devices. It is important that the public be aware of the fact that the "walk" sign is displayed for 7 seconds following by a flashing "don't walk" message, which means the pedestrian has 11 seconds to finish crossing the street. She believes this is confusing to the pedestrian and may cause some to either feel hurried as they cross an intersection or stops them from entering a crosswalk during their opportunity to cross when they see the flashing "don't walk" message. She suggested writing a letter to the appropriate body pointing out the "walk" and "don't walk" message is confusing and TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 4 of 16 a little more time should be allowed for display of the "walk" message. Mayor Horton noted at the previous Council meeting Andy Parypa posed a n,,mher of questions and requested the City to respond. A letter was prepared, however, she was unable to review it prior to this meeting and will send the letter to Mr. Parypa as well as share that information at the March 23 City Council meeting. J&ok Lefooski, W. Kitsap Lake Rd., stated he would advise people to use the red light at an intersection to proceed across intersections in crosswalks. He would like to see the City get rid of the "buttons" to activate the crosswalk signs because he feels they bunch up traffic in all directions. It was his opinion that no pedestrian is as important as getting vehicles moved through an intersection. He pointed out the pedestrian will get a "red" light that will enable them to cross the intersection. Brian Mueller, Bremerton resident, stated since the change in Aaministration, the Mayor is present during most City council meetings. He suggested that space be added to the "staff's table" so that she would have a microphone available to respond to issues. He also would like to see the City Council members answer citizen generated questions rather than deferring to staff. He appreciated Mrs. Huff-Menees' apology and in his opinion the comment she made did not come across good on TV. It concerned him that about the time Mrs. Long's comments hit the 3-minute mark, a number of Council members started talking among themselves, which was carried through the microphones out into the homes of those watching the meeting on TV. He emphasized whether ornot someone goes over the 3-minute time limit, they still deserve the respect and common courtesy from each Council member. Hordy Byrd, P.O.Box 930, stated his only mode of transportation is walking or riding on Kitsap Transit and as a pedestrian he is concerned about his safety when crossing streets in crosswalks. He is very aware of the amount of traffic that travels through the llth and Warren Avenue intersection, however, he also has personally experienced the difficulty of trying to cross the street in that area due to vehicles not yielding the right-of-way to pedestrians as they enter the crosswalk when the "walk" message is displayed. He wished everyone a "Happy St. Patrick's Day". Noah Bennett, President of the Westpark Resident Council, invited Mayor Horton and Councilman Huff-Menees to participate in their"Safe Street Walk", in Westpark on Saturday, March 19, 1:00 P.M.. The "Walk Against Crime" is open to the public and he hoped people would come out and participate. TAPE %1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 5 of 16 Tom LonG, 2515 Baymont Place, delivered a message that described the quality of education provided through the Bremerton School District. He cited numerous instances where Bremerton High School students had excelled in receiving scholarships based on their academic abilities. He believes people perceive Bremerton schools to not be in the same league with other Kitsap County School Districts, which in his opinion is just the opposite, that it is the best of them. He hoped people looking at the possibility of moving to the City from other areas would take a long and hard look at what has been achieved by Bremerton students, which reflects the quality of education they received while attending Bremerton schools. President Fit~ agreed with Mr. Long that not enough information is published about what the good students and their accomplishments. She emphasized the students who get into trouble are only a small percentage of the total student body, however, their actions generally receive the most publicity. 6A - REQUEST FOR STATEMENT OF QUALIFICATIONS FOR CONTRACTING OUT POLICE REPORT TI~%NSCRIPTION, #AB94-052 A request for Statements of Qualifications to contract for production of police reports. Police Chief Del MoNeal stated a few years ago the department instituted a recording system for Patrol Officers that would shorten the time required for them to write reports. One. of the problems experienced with that system was to make those reports flow in a quick manner. With the staffing of two people in that function, it has been a common occurrence for the department to be behind on the reports due to time loss because of vacation or sick leave. At this time, he is proposing going out to bid from a group of people or a corporation that does this type of work. He anticipates doing this through the electronic media of computers and fax modem that will work with the Department's data processing capability. Mr, Fart noted one point Chief McNeal brought out during the Operations Committee meeting was that this is an opportunity for someone in an in-home enterprise to become involved. Chief McNeal stated he believes that someone capable of producing reports could put together a home business involving two or three people. Someone having such a system could check the reports coming on line at any time during the day or night. Mr. Law stated for the public's information that Chief McNeal stated to the Fiscal and Budget Committee that he will be concerned about the security of the reports. Chief McNeal stated once the report is typed it would be faxed to a computer in the Police Department and those reports would not be stored on the report TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 6 of 16 writers hard disk but would be transferred to a floppy disk that would be turned over to the Police Department. Another aspect of security will be background investigations on any corporation or employees involved with this function. Mr. Dawkins questioned if other cities use this type of service for Police Report writing? Chief MoNeal stated other cities do initiate reports internally within their Police Department through electronic media dictation. To his knowledge, no one has contracted out this function to a private corporation or individuals. He did note that physicians have used this method of report writing for quite some time. Public comment - none. Mr. Overson questioned if the documentation provided included a definition of "produce"? Chief MoNsa~ explained in his thinking the person doing the actual work will take the report into their headset, produce it on their computer and download it to the Police Department. The specific term "produce" was not defined in the document. Mr. Overson stated in reference to doing background checks on corporations/employees, it concerned him that the Police Department would not have physical contact with the contractual body. Chief McNeal explained wording is included that would allow the City to go into the work area and make an inspection of their location of production. Before entering into a contract, the City would require the location of where the work would be carried out. If it is a business location downtown or in Seattle, the City would want to know that location. And, before an employee is hired for that firm, the City would want to conduct a background check on that person. Mr. Overson noted another challenge would be turnover of personnel. Mr. Colvinquestioned if Chief McNeal had routed this issue through the City's legal department? Chief McNeal stated yes, he did discuss the issue of background checks with the attorney. Ian Sievers, City Attorney, stated the principal problems with this proposal is confidentiality of the contractors and personnel issues involving unions, which he did discuss with Chief McNeal. Mr. Colvinquestioned if there would be adequate provisions included to insure confidentiality? Mr. Sievers stated he believed so through job site inspection and supervision of whose handling software. Mr. Law questioned what recourse does the City have to cancel the contract if the Police Department is not satisfied with the service rendered? Chief McNeal stated that would be negotiated in the agreement. The City is also requesting that some kind of bonding be provided. TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 7 of 16 President Fits questioned what made Chief McNeal come to the decision that this approach was a viable option? Chief McNeal explained when he first looked into the idea of dictated reports rather than having the officers write them, they felt it would save time and produce better reports, which has been true. A problem they encountered when they first initiated the process was the need for about five employees to carry out the report writing around the clock, which works best for the Department. In trying to balance out the program cost, he hired two individuals to carry out the task and they were able to sort of stay abreast of all the reports run through the system. If either one of those individuals took vacation time or were out on sick leave, then the system would be bogged down. Because of the latitude a contractor might have, they would not be required to have an employee standing by for a full eight hours like the City is required to do. He stressed the fact he was not positive that a corporation or individuals could be found to provide this service. #1554 M/S/C/U(Overson/Dawkins) to approve Statements of Qualifications. 7A - ORDINANCE NO. 4450 (SECOND READINg) EST/%BLISHING THE UTILITY LIMITED IMPROVEMENT DISTRICT (ULID) FOR PORTIONS OF NEST KITSaP LAKE ROAD AND NORTHLAKE WAY (ULID ~37), #AD94-050 Councilman Morrie Dawkins stepped down due to a conflict of interest on this issue. Randy Nitt, City Engineer, restated prior action taken by Council. Jack Lefcoski, W. Kitsap Lake Drive, stated "just do it". Brian Mueller, Bremerton resident, stated he believes the City would be setting a precedent if they contribute $300,000 toward this project. He questioned if more residents are annexed into the City that are not already on the City's sewer system, would the City have to provide the same sort of concessions, if not legally obliged then morally obliged? He was also concerned about adding more sewers to the treatment plant and existing problems. And, he was concerned about residents with septic systems along small creeks that empty into the sound and the possibility of having to provide sewer services to them. He questioned if the City will provide sewer services to such residents as well? He asked that his questions be answered prior to taking a vote. President Fitz pointed out the Department of Ecology (DOE), will not allow sewage into the waters. Currently, DOE is concentrating on saltwater areas, but she believes Within a short period time they will focus on fresh water resources. She believes the sewer treatment plant has the capacity to service new customers and the City needs to assure the residents that the treatment plant has capacity for expansion. Mr, Mueller questioned if the people coming on to the TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 8 of 16 sewer system after the litigation over sewer plant odor was settled, are they in any way responsible for the previous litigation or do they have to pay the same rates? Ian Sievers, City Attorney, explained each ratepayeris subject to the same rate for its user class. Those rates can be amended by the City Council depending on the resource needs for the utility. If rates increase in the future, each person that is connected and paying rates to the utility will be responsible for the same rates as any other resident of the City. ~r. witt stated the sewer treatment plant does have adequate capacity for expanded service beyond what is proposed at this time. Regarding the $300,000 City contribution, this issue has been discussed at great length, starting in November of 1993, and the City Council did formally agree to such an arrangement. He pointed out that issue was also discussed at the previous Council meeting. Mr. Overson stated Mr. Mueller's questions were very good and a point he brought up is whether or not this would set a precedent. A determination has been made that "no" it does not set a precedent, but does demonstrate that Council handles each situation according to its own merits. Mr. Colvin re-emphasized the fact that Kitsap Lake is the City's lake and as such there is concern about pollution. #1885 M/S/C(Colvin/Overson) to pass Ordinance #4450, on second reading, ordering the West Kitsap Lake Road Sewer Extension Project all in accordance with Resolution No. 2459 of the City Council; establishing Utility Local Improvement District No. 327; ordering the carrying out of the proposed improvement; and providing that payment for the improvement be made by City funds and special assessments upon the property in the District. Mr Law stated following the previous City Council meeting he received questions from several Kitsap Lake residents why he voted no and he wished to provide the rational for his action. For every $10,000 of assessed value, the city taxpayers will be funding $2.50 towards the West Kitsap Lake Road U.L.I.D. project and he did not feel this was fair to the City residents outside of the U.L.I.D. boundary. Vote on motion: In Favor: Overson, Neville, Farr, Fitz, Huff-Menees, Dawkins, Colvin Opposed: Law Motion carried. Councilman Dawkins returned to the City Council Chambers at 6:40 P.M. 7B - ORDINANCE NO. 4451 (EMERGENCY READING} AUTHORIZING THE IBSUE TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 9 of 16 ~F $11,00o,000 N~TER/SEWER REVENUE BONUS. ~CCEPTING THE PURCHASE ~FFER OF LEHMA~BROTHERS. INC.. AND DECL;%RING/%NEMER~ENCY. #AB94- 053 The proposed Ordinance will allow the City to finance the portions of the improvements described in Exhibit "A". These projects are included in the 199'4 Budget and are necessary to the long term management of the utility, and in several instances, are required by either State or Federal regulations. ~oh Hanna, City Treasurer passed out the following three documents to the Council members: (1) updated Bond Ordinance, which was updated this date following the pricing of the Bonds; (2) supplemental pricing information; (3) the final purchase offer contract from Lehman Brothers. Dick Kinq, Lehman Brothers, outlined for Council the changes that were made to the Bond Ordinance that Council had viewed previously as being "clerical" largely in nature and including: final interest rates as well as the final principle amounts; confirmation that the City's Storm drainage system is in fact consolidated to the Waterworks Utility; Table Of Contents page n~mhers have been corrected; Municipal Bond Insurance has been utilized to achieve AAA rating on the bonds, and the Bond insurer has asked for certain clerical changes. The most significant material change is to confirm flexibility that the City has relative to utilizing the State of Washington Local Government Investor Pool. The ordinance authorizes and directs the City Council to do everything necessary for the prompt authentication and delivery of the bonds. Included within that framework is the City Treasurer's execution of the Bond Purchase Contract. Mr. overson asked Mr. King to compare the pricing information that was just handed out with that included in the Ordinance. Mr. Kin~ stated what is shown in the Bond Ordinance are interest rates or coupon rates and the difference is they sold the bonds with a slight discount so that investors paid less than 100 cents on the dollar. It is a marketing technique they use to achieve the lowest overall borrowing cost. Mr. Overson stated it appeared from the comparison that the City was getting a good rate. Mr. King stated the City is getting a lower rate relative to the other transactions it was compared with. It was important to note that one of the transactions priced on Tuesday had the same bond rating as the City and is a General Obligation Bond, which investors have a preference for and therefore generally will accept a lower yield for that issue. Mr. Law stated Mr. King cited three bondings...he questioned if there were any that were less than those listed? Mr. Wing stated what they did was to find issues that have comparable ratings or sold at a similar time frame. There were a number of State General Obligation issues in the State of Tennessee and South TAPE ~1153 City Council Reg. Mtg. Minutes March 16, 1994 Page 10 of 16 Carolina, which have higher ratings than the City, and the yields were lower than the City's yield. They don't view those to be particularly comparable, however, it is a bit like comparing apples and oranges. Mr. Law stated he had understood with the insurance giving a AAA rating it was the best. Mr. Kina explained investors will accept a lower yield for a bond that is rated AA+ or AAA on its own than they will for a bond that achieves that rating on the basis of Bond Insurance. Mr. Law asked that Mr. King explain how this rate was figured. Mr. Kina stated what they did was to have a meeting in the afternoon of March 15 with the head of their Los Angeles Underwriting Department, with the Rich Hanna, City Treasurer tied in by phone, to talk about where the credit markets were generally and they came up with a proposed scale of interest rates. On this date, the bonds were priced first thing in the morning and all of their sales people contacted their accounts who then got back to them. Some of those contacts said the price is too high and they wanted more yield, other said they liked what was being offered because the City of Bremerton has a good name with strong credit and they had a need for that type of bond. At the end of the order period, approximately three hours, they reviewed all of the orders and in places where there were more orders than bonds that is an indication they could reduce the interest rate to the City, which is what they did. Mr. Law questioned the first and second figure for 2002? Mr. King stated in 2002 the original re- offering yield was 5.20 cents and they were able to shave that by five basis points. When they reduce the yield like that, they generally lose orders. He emphasized you want the competitive forces of the market working on your behalf. Mr. Law questioned if he was correct that Mr. King was able to sell the City's issue in three hours? Mr. Kinq stated they were able to sell it at the original prices within that three hour period. They did not sell all of the maturities and still have some small unsold balances and that is a risk they are willing to take. Mr. Colvin questioned if the City's historical growth revenue had any impact on this transaction? Mr. King stated yes, the investors look very carefully at the Utility and what they are able to generate. They focus less on gross revenue and more on net revenue because that is what is securing the bonds. They also look very carefully at debt service coverage, how many times over can you pay per annual debt service cost and the City ranks quite well. He referenced a Moody Report included in the handout material that describes the City's issue, highlighting what they view as strengths as well as some of their concerns. Mr. Fart stated since some of the issue was unsold today, in hindsight would Mr King say the best price possible was obtained for the City? Mr. King stated he would and he was quite pleased with the results. Mr. Kinq stated in drafting the Bond Ordinance, one of the major projects is the Warren Avenue CSO project and inadvertently it was TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 11 of 16 omitted. He provided a handout that. identified as Project #40 - Wastewater Construction And Transmission System Improvements - Warren Avenue Basin ComBined Sewer Separation Project (within Exhibit A) that becomes the last page of the Bond Ordinance. Public comment - none. Mr. Overson pointed out that it may appear that Council just received volumes of information to consider in order to make a decision on this issue. He assured the public that this was not the first time this subject was presented to them, and the handout was actually the last piece of information needed to make a decision. He emphasized the only purpose behind the "emergency" reading is to lock in the rates provided. #2568 M/S/C/U(Overson/Neville) to pass, on an emergency basis, Ordinance No. 4451 relating to the waterworks utility of the City, including the sewerage system as a part thereof; providing for the issuance of $11,000,000 principal amount of Water and Sewer Revenue Bonds, 1994, of the City to pay part of the costs to carry out the system or plan of additions and betterments to and extensions of the waterworks utility specified and adopted by Ordinance No. 3887, as amended by Ordinances Nos. 3948, 4015, 4053, 4147, 4241, 4363, and this ordinance; fixing the dates, fo~ms, terms, interest rates, maturities and covenants of such bonds; providing for bond and reserve insurance, issuance of the bonds, and acquisition of the insurance policies; approving the sale and providing for the delivery of such bonds to Lehman Brothers Division of Shearson Lehman Brothers, Inc. of Seattle, Washington; and declaring an emergency. 7C - ORDINANCE (FIRST READING) RECLASSIFYING THREE NANA_~R. NTAND PROFESSIONAL STAFF POSITIONS IN THE DEPARTMENT OF PUBLIC WORKS 1%17D UTILITIES AND AMENDING CHAPTERS 2.50 AND 2.10 OF THE B~iERTOM MUNICIPAL CODE AND THE 1994 BUDGET, #AB94-054 Reassigned responsibilities in the Public Works and Utilities Department have resulted in changes to job duties of three classifications. New classification specifications were approved by the City Council on March 2, 1994. Affected portions of the Budget, Management, and Professional Compensation Program and Salary Plan and the Organizational Ordinance for the Public Works and Utilities need amendment. Responsibility reassignments are as follows: Facilities has been transferred from the Public Works Operations Division to the Project Management function. Sewer line maintenance was moved from the Public Works Operations Division to the Utility Operations Division along with storm utility and customer field services (meter reading, hookups/service stops, etc.) The level of responsibilities assigned the Public Works Operations Manager position have decreased to a point where it is TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 12 of 16 appropriate to lower the salary level for the position from Band 5 to Band 6 in the Salary Plan. The position of Utility Field Superintendent is eliminated as no longer relevant and is removed from the Salary Plan's Band 8. The new position of Utility Operations Manager has line management responsibility at the same level as the Public Works Operations Manager and is placed in Band 6 of the Salary Plan. Changes are show~ on Exhibit "A" MANAGEMENT AND PROFESSIONAL STAFF SALARY PLAN. Caroline Marshall, Personnel Director, briefly reviewed prior actions as identified in the Summary Statement. She emphasized the need to amend the 1994 Budget Ordinance due to needed revisions to its contents that include organizational charts, wired diagrams and pictorial rendition of the various functional areas assigned to each manager. Mr. Colvin questioned if any changes had been made to the documents since this issue was presented at a Council Study Session? Mrs. Marshall stated no changes were made following presentation to the Fiscal and Budget Committee. Public comment - none. #2855 M/S/C/U(Colvin/Huff-Menees) to approve Ordinance, on first reading, amending Chapter 2.10 and Chapter 2.50 of the Bremerton Municipal Code and the 1994 Budget. PUBLIC HEARING - ORDINANCE (FIRST RE~DING) VACATING ~00 FT. OF FIRST STREET RIGHT-OF-WAY ON THE WEST SIDE OF ITS INTERSECTION WIT~ BREMERTON BOULEVARD. #AB94-055 The Planning Commission has recommended vacation of the portion of right-of-way addressed in the attached application and staff report. Only an ordinance passed by the city Council can implement the vacation. The action proposed is a public hearing and first reading of such an ordinance. President Fitz asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Don Pratt, Community Development Director, stated for clarification that the subject site was incorrectly marked in the info£mation provided and clarified it as being: 30 feet west of Bremerton Boulevard, which is a portion of right-of-way in extension of First Street. The City's Public Works complex is located on the west side of the parcel. The School District's Educational Skill Center is on National Avenue and the subject property is immediately south of the that facility. Zoning of the parcel and surrounding area is Single Family 2. The Comprehensive Plan identified that area as Industrial And Business TAPE #1183 City Council Reg. Mtg. Minutes March 16, 1994 Page 13 of 16 Park Zoning designation. This project is exempt from any SEPA determination and it was not processed for SEPA. The surrounding land uses to the north is part of the ESE School District property, which is vacant and undeveloped, to the south is residential. The property was recently sold by the City and is being developed as residential property. To the east is First Street continuation and on the west is continuation of First Street going back towards the Public Works Complex. At the Planning Commission hearing, the Planning Staff's report recommended that the parcel not be vacated because they felt the parcel could be used to enhance greenway opportunities and trail systems in that location. Upon taking testimony, the Planning Commission made a recommendation that the right-of-way be vacated but that the City retain an easement and attach restrictions to the deed, which would grant the City use of the parcel for a trail system and would control development on the parcel, possibly preserving the landscaping and vegetation that is current there today. The Planning Commission unanimously passed a motion recommending approval of the applicant's request with the exception that the City would retain an easement for possible public use such as trails, bike ways, greenways and other non-motorized use. Following the Planning Commission's hearing, the applicant offered an alternative to vacating the full right-of-way and then having the City retain an easement or receive an easement back for public access and landscape. The City Engineer has determined that it is unlikely this right-of-way will ever be developed as a street because of development patterns in the area and subsequent development of the Public Works Complex. He pointed out on the map that Forest Avenue and the remaining portion of First Street also were recommended for vacations by the Planning Commission, but have not yet been brought to Council. There is some discussion as to whether or not actually finalize that action, however, the recommendation that was made to the Planning Commission and their recommendation to Council that we don't need this portion for a street is still valid and that recommendation stands. TAPE #1184 Mr. Jones, representing Mr. Hall, stated originally the proposal was to vacate the full 30 ft. by 100 ft. property and an easement retained by the City. At that time, it was not clear how much would be retained as a City easement. Since that time, a proposal has been made to vacate one half of the property, which would be 15 ft. by 100 ft. Because of the City's easement amounting to one half of the subject property, he saw no benefit to him to acquire the entire piece and asked that he be granted 15 ft. by 100 feet. TAPE #1184 City Council Reg. Mtg. Minutes March 16, 1994 Page 14 of 16 Public comment - none. Mr. Overson questioned why it took so long for this issue to come before Council. He questioned if he was correct in understanding the Planning Commission's intent was to retain approximately 15 ft. by 100 ft., as identified through their statement relative to the easement? The way their recommendation reads is that they wanted Mr. Hall to take over the whole piece of property, pay taxes on it but could not use the portion that contained the City's easement. And, he questioned if the alternative proposal was written down in the supporting documents? Mr. Prat~ noted the application addresses the vacation of the entire piece of property. The option to vacate only 15 ft. came after notice was given for the full vacation. It is his understanding that Council has the authority to accept the Planning Commissions' recommendation or the option proposed by the applicant. Mr. Overson stated Council then had the issue of determining whether to usurp the Planning Commission or send the issue back to them to determine if it was their intent by the retention of the easement. Mr. Pratt stated an option could be to remand back to the Planning Commission for their opinion about vacating just 15 feet. He felt he could confidently represent the Planning Commission's intent to preserve some portion of that property for public use and as the Executive Secretary of the Planning Commission, he felt the alternative to vacate only 15 feet and retain 15 feet would accomplish that intent. Mr. Overson questioned what value could the City have in a piece of property 15 feet by 100 feet in an area of the City that is somewhat isolated? Mr~ Prat~ state West Hills Elementary School draws children from the West Park housing development and there are some trails that were not developed that go through the site. He believes it is possible to develop a trail through that site thereby bringing this housing density up to Navy Yard City and the school. The Public Works Complex was developed on an adjoining site and as part of the site plan review that complex was developed with adequate space on its perimeter for a trail system. It is seen as a beginning element of a pedestrian system in that neighborhood. The piece of property the City sold to Mr. Hall and Mr. Jones in 1993 in that area is being developed into housing. Lastly, the Planning Commission's discussion on this issue was held in 1993 when they were in the middle of some County wide discussions on greenways and the affect of greenways on the developing community. Today, that hillside is heavily wooded and fairly steep that provides a vista. By protecting veins of vegetation and keeping it out of rooftops it enhances the vista for the people in the distance and is something worth thinking about as the community develops. There is neither a pedestrian trail system plan or greenway plan in the system, but this gives the City an opportunity to retain some aspects of the neighborhood to build on in the future. The Planning Commission was struck with that opportunity and made the stated TAPE #1184 City Council Reg. Mtg. Minutes March 16, 1994 Page 15 of 16 recommendation. Mr. Dawkins questioned if Mr. Jones' intent is to build some houses in that area and will they go on the City tax roll? Mr. Jones stated they intent to build three houses. They desire to acquire the additional land in order to increase the lot size for one of the proposed houses. President Fit~ stated she liked the idea of keeping the greenway because as there is more development in the City, we need more places for kids to play or a trail that provides a safe path for them to use when they walk to school. Mr. Colvin questioned Mr. Jones' preference to either purchase the area recommended by the Planning Department or purchasing one half of the proposed site? Mr. Jones explained that the Planning Commission recommended retaining 1/2 the subject site for a City easement, which he could not use. Therefore, he could not see why he should pay for property that he could not utilize and preferred purchasing just the portion that he could use. If the recommendation from the Planning Commission had been for a small segment of the site, he could have accepted that condition. He does understand about the desire to have a greenway and when he first purchased his adjoining property children were using a trail to walk to and from school. Once construction started on the City's Public Works Complex, the pathway was altered so that children could no longer use that as an access to school and were using an alternate route. He emphasized his acquiring 15 feet would allow him to build a reasonably sized house and keep the neighborhood in good condition. Mr. Parr questioned for clarification if the 15 feet by 100 ft. parcel is sold would it still require easement restrictions or would they be eliminated? Mr. Prat~ stated if Mr. Jones purchased the 15 feet there will be restrictions applied. Mr. Overso~ stated following Mr. Pratt's comments he felt more comfortable that the option proposed by Mr. Jones did meet the Planning Commission's intent. And, if this proposal passes on first reading, he asked Mr. Pratt to get some kind of validation of what is proposed from the Planning Commission by second reading of the Ordinance. Mr. Pratt stated he would have an opportunity to speak to the out going Chairman of the Planning Commission and advise her of Council's action. If her response is one that feels it is a violation of what they intended, he will carry that message back to Council. Ian Sievers, City Attorney, provided an amended ordinance that included a change in property size from 30 ft. by I00 ft. to 15 ft. TAPE #1184 City Council Reg. Mtg. Minutes March 16, 1994 Page 16 of 16 by 100 ft., removed all easement restrictions and deleted the condition of payment before second reading because that payment has been posted. #0391 M/S/C/U(Overson/Dawkins) to approve the substitute ordinance, on first reading, vacating 15 ft. by 100 ft. of First Street With no further business meeting adjourned at 7:30 P.M. KATHL~EN L. McCLU~KEY, City Clerk EIT.~EN FITZ, C6u~sident City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault