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HomeMy WebLinkAbout01/26/94 TAPE #1170 URAPPROV~D DRAFT CITY COUNCIL ~EETTN~ MTNUTE~ 26. 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, January 26, 1994, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Sherril Huff-Menees, A1 Colvin, Morrie Dawkins, Bob Winters, David Fart, LonOverson, and John Law. Absent was Council me-her Richard Neville. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Gary Fogelquist of Seventh Day Adventist Church. A. Minutes of Meeting -- January 5, 1994 #AB94-020 B. Minutes of Meeting -- January 12, 1994 #AB94-021 #0016 M/S/C/U(Dawkins/Colvin) to approve the Consent Agenda as presented. CLAIMS/WT~RRANT I~GIB~RB Vouchers audited and ce~cifiedby the auditing officer as required by RC~42.24.080, and those expense reimbursement cZai=scertified as required by RC~ 42.24.090, have been recorded on a listing that had been made available to the Council. #0047 M/S/C/U(Colvin/Law) January 26, 1994, the Council does approve for payment those vouchers included and fu~cher described as follows: 172385 through 172387, 172423, 172425 through 172430, 172444 through 172664 in the total amount of $348,815.49; and Regular Payroll for the period ending 1-15-94 in the amount of $590,440.44. ~OUNCIL MEMBER RBPORTS Mt. Fart reported he received a call from a constituent regarding recent crime activity in the area of 24th and North Wycoff. Some additional information is being forwarded to him and upon its receipt he will forward it on to Mayor Norton and Police Chief McNeal. Ne felt this kind of issue would be one that could be discussed at the first District #6 neighborhood meeting. He welcomes input from District #6 residents. TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 2 of 20 Mrs. Huff-Menees reminded everyone that District #7 will hold a neighborhood meeting on February 17, 7:00 P.M., at the Bremerton School District Office located on Montgomery Avenue. She extended a special "thank you" to the people who have called her and offered their assistance. Mr. Colvin reported District #1's Neighborhood Coalition meeting, held January 20, was very successful. Mayor Horton and the Public Works and Utilities Director were the principal speakers and they did an excellent job responding to questions from the audience. He was also pleased that Council members John Law and Sherril Huff- Menees attended that meeting and shared some significant remarks. He commended the citizens of District 91 for their involvement and support of their District meetings. Citizens handed in written concerns at that meeting and they will be forwarded onto the Mayor Horton for responses. Mr, winters thanked Virginia McKinney for her call. He was pleased to announce the City Engineer is preparing a presentation to be given to District 99 residents on the West Kitsap Lake sewer project. Other ideas and concerns as to what is needed in District #9 need to be conveyed to Bob so that he can include them as part of their next District meeting. He thanked the "pothole patrol" for taking care of a problem on Austin Drive. Mrs. F~t~ suggested if the questions posed by citizens at the District #1 meeting were of a general City nature, possibly Mayor Horton could respond to them at a City Council meeting. She noted the speech given by President Clinton on January 25, highlighted crime, youth, and violence. She hopes this becomes a national forum that is addressed nationally; and that we, in the City, County and State, are able to make inroads into the problems of crime and violence currently being experienced. PUBLIC RECOGNITION Mayor Lynn Horton reported she attended Mr. Law's neighborhood meeting on January 17 and Mr. Colvin's on January 20. One of the items discussed at District #1's Neighborhood Coalition meeting was "utility billing" and the fact that it is difficult to understand. Effort is underway to come up with a new format that provides more info£mation to the public so they can actually compute their own bill. It will take a few months to develop the new format and she asked for the public to please be patient. Planning is underway to hold two public meetings, February 8th and February 10th (one meeting at the Jr. High and the other at the High School), to provide information on the new sewer/water rates. Additionally, there will be advertisements in The Sun, public service announcements in the smaller local newspapers and displayed on the Character Generator/Channel 12. The two meetings will be staffed TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 3 of 20 with personnel, who can provide information on the exemption program for low-income disabled and low income seniors. Mayor Horton read a Proclamation that proclaimed the month of February as BLACK HISTORY MONTH. ~ accepted the proclamation and gave a run down of the following planned events and activities: February 1-28: Art Exhibit Kitsap Regional Library. February 3: 6:00 PM - 9:00 PM an Evening Of Celebration at the Kitsap Peninsula Vocational Skill Center, sponsored by POWER. February 19: Kitsap H,~man Rights Council will sponsor an event (time and place to be announced). ~ · 9:30 AM Black History Programs sponsored by Bremerton Seventh Day Adventist Church on Taylor Road. February 26: A Community Unity Banquet,"BEYOND THE DREAM LET'S DO IT", sponsored by Blacks In Government, Kitsap County Commissioners and other organizations, to be held at the Kitsap Pavilion. President Fits reported POWER is sponsoring a contest for art, poetry, and essays regarding Black History Month, which will then be on view at the Skill Center on February 3, followed with a display being set up in the City Council Chambers. ~, YMCA, extended an invitation to everyone to attend the fo=mal opening of their new completed addition to their facility on Thursday, January 26, 2:00 P.M. He was pleased to report that the YMCA has lots of activities for youth of all ages. If people were not aware of the kinds of activities available, he encouraged them to call the "Y". ~F~emphasized significant efforts by the YMCA has made a tremendous difference in the quality of life in Bremerton. He commented the paid YMCA staff and the many volunteers for doing an outstanding job for the community. ~r. ~fre¥ announced more volunteers are needed. Mrs. Huff-Menees questioned how do kids get involved in the Saturday programs and teen events? Mr. ~dfrev explained in most instances the only requirement is to sign up ahead of the scheduled event. Pat Devine, a representative of Sylvan Way Baptist Church, talked about a new committee called "Community Impact Committee (CIC)" being formed through his church. This committee's goal is to encourage all citizens to participate in civic affairs, an example being voter registration drives. ~, Baymont Place, asked for clarification on recent TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 4 of 20 City Council action creating a Stormwater Utility, the cost of which is being added to the residents Utility bill. She pointed out in recent documentation relating to sto~mwater separation the term "Stormwater Utility" was used and she questioned if the City was defining the stormwater system as part of the original Wastewater Utility? However, if what was proposed was to create a new Stormwater Utility, according to the City Charter, Section 59, an ordinance providing for a newly owned or operated Utility shall be submitted for ratification or rejection to the qualified voters of the City at a general or any special election called for that purpose. She questioned is Council's intention to include the stormwater separation charges in the rate structure and billing for the sewage collection prior to any kind of vote being taken if it is in fact a separate Utility? Ian Sievers, City Attorney, stated he preferred responding to Mrs. Long in writing due to the fact that the definition of a "Utility" has a lot to do with financial accounting. He emphasized it is not a new operation or enterprise. The action taken was to set up a separate operating fund. President Fits requested the City Attorney to have a response to Mrs. Long's question by the next City Council meeting. ~ - L~E AQ~EPJ~NT WITH LOU NEIR FOR BP. BMERTON NAVAL MUSEUM AT ~0-~30 IFA~HINGTON A%"~0'B, #AB94-022 The City has leased the Bremerton Naval Museum space for the past 2.5 years for $3.60 per square foot, or $1,800 monthly. A new lease is proposed for a two year period at $3.80 per square foot in year one ($1,900/month) and $4.00 per square foot in year two ($2,000/month). Additionally, the City pays for all utilities and maintenance of the plumbing, air conditioning, and electrical systems. A local real estate agency confirms that $4.80 - $6.00 per square foot is the market rate for commercial space when the tenant picks up the overhead. Kathlaa~ MaCluske¥, City Clerk, stated she did review the seven year history of costs for operating this facility...electric, air conditioning, etc.. She made a comparison with a lease that would include all of those overhead costs and a lease typically in Bremerton would run between $9.00 - $12.00 per square foot. When factoring in what the City pays, it still is down to $4.00 - 4.50 per square foot. She also noted a correction needed to be made to the first page of the Lease Agreement so that it reflects the premises to be"6,000" square feet, rather than "500" square feet. Mr. Law stated he serves as Chairman of the Bremerton Naval Museum, which is a non-salaried position and is no financial interest. After checking with the City Attorney, he will continue to be seated on the Council during this discussion because he has disclosed his relationship on the record and he has not attempted to influence any of the Council members off the record. TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 5 of 20 Public comment - none. ~ wanted to make sure that the public was informed that the fee charged at the museum is equitable and fair. Mr. Law stated the Muse~m is staffed by volunteers, including the Director and they have averaged well over 30,000 visitors each year. He emphasized there is no admission fee to the Museum and the only funds they collect are those that are donated. The Naval Museum and the Turner Joy are the only two tourist attractions open during the winter months, especially on Sundays and he felt everything possible should be done to support the museum. #0995 M/S/C(Dawkins/Colvin) to approve two year lease with Lou Weir for Naval Museum space. Vote on motion: In Favor: Overson, Fart, Fitz, Huff-Menees, Dawkins, Colvin, Winters Abstain: Law Motion carried. ~B - CONTI~T ~END~NT -- ~NI~L CONTROL BERVZCEB. #AB94-023 The City of Bremerton entered into a two year Kennel Services Agreement with Olympic Kennels on February 1, 1992. Animal Control Division has surveyed Kitsap County Kennels and determined that there are no other facilities with capacity to accommodate City needs. Additionally, the amendment provides for: 1) a ten percent (10%) increase in the flat annual fee and daily rates for animals; and 2) add an annual adjustment based on Consumer Price Index commencing January 1, 1995. ~ 1994 Flat Annual Fee $20,000.00 $22,000.00 Daily Rate, Cats 3.00 3.30 Daily Rate, Dogs 7.00 7.70 The enclosed amendment serves to extend the present agreement for an additional four years and eleven months. There are termination provisions in the contract that allow cancellation for either cause or without cause. Deborah~o~e11, Parking/Animal Control Supervisor, stated over the past two years no problems had been encountered since contracting with the current kennel. Even though the location of the kennel is outside the City, it is easy to find and has a history (5+years) of good kennel services. Mr. overson questioned the number of miles to the kennel from the City and how many trips are made by Animal Control to that facility each day? ~ stated the distance is 10-14 miles and #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 6 of 20 generally they make one trip per day. There are times when two trips per day might be made twice a week. Mr. Law questioned if an animal is picked up in the early afternoon is it possible for the owners to be reunited with that animal without it having to be taken out to the kennel? Ms. Goods11 stated yes. Mr. Winters questioned if Animal Control had a telephone n~mher for people who are looking for a "free" kitten? Ms. Goods11 explained the City's animal adoption program and they also refer people to the Kitsap Humane Society and a local cat fancier association. Mr. Farr questioned the City's adoption fees? Ms. ~oodel~ there is a $15.00 adoption ~ee ($5.00 adoption fee with a $10.00 registration for a micro chip), and a $25.00 spay or neutered deposit, if the animal is not already spayed or neutered. For the fee, the animal is given a $5.00 identification chip, an initial vaccination, dewo~ming, and a free veterinarian examination. $10.00 is paid directly to Identa Chip, which is a lifetime registration of an animal. Public comment - none. Mr. Overson stated he considered the proposal to be a fairly good contract from the standpoint of value gained for the taxpayers. Ms. Goodoll stated if the City were to contract out boarding for all the animals impounded by Animal Control using a price per basis ($3.00/cat - $7.00/dog), it would be well over $40,000/per year. She also explained that Animal Control maintains a reserve of funds to be used in the event of any disruption of kennel service with the current kennel facility. #1477 M/S/C/U(Overson/Colvin) to approve the Animal Kennel Services Agreement Amendment with Olympic Kennels. 6C - PROFEBSXONAL B~RVICEB A~I~F,M~NT FOR ~OHN ALEXANDEr; SUPERINTENDENT AT ~OLDMOUNTAXN~OLF COUleE, #AB94-024 John Alexander has served the golfing public as Gold Mountaints Colf Course Superintendent for ~he past three years. During that time, both the golf rounds played and the revenue generated have shown strong, steady growth. Gold Mountain is now recognized as one of the finest municipal courses in the state. The overall improvement in performance and appearance of the course can be attributed in large part tothe day to day efforts of Mr. Alexander and his staff. Johnts thorough and professional approaoh to his position at Gold Mountain is greatly appreciated by the Board of Directors, the City staff with whom he works, and most importantly, the golfers at Gold Mountain. TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 7 of 20 The significant changes in the Professional Services Agreement presented tonight involve: 1) term, and 2) compensation. Details of the changes will be provided during the staff report. Vicki Vanneman, Director of Parks and Recreation, highlighted statistics regarding the current level of activity at Gold Mountain Golf Course. Upon the arrival of John Alexander, the approach to the care of the course, level of effort put forth by the staff and expertise and interest in completing projects changed significantly. In 1991 an 8% increase was experienced in rounds played and in 1992 there was a 10% increase above the 1992 figure. Ms. Vanneman emphasized the elements that golfers look for in a course and the giant strides made in those areas since John Alexander joined the golf course staff. In addition to the day-to-day care that John and his staff have given to the course, many projects have been completed that had been on the drawing board for many years as well as completing additional projects. Some of those projects included a practice area, completely rebuilding the 13th green, adding more "color" out on the course, dressing up the entrance, etc. As the City takes a serious look toward expansion of Golf Mountain, whether it be nine or 18 holes, John's knowledge and experience will be invaluable to that effort. The proposed Professional Services Agreement is a relatively standard City agreement and formatted the same as the Mr. Alexander's previous agreement. The following changes have been made to the proposed agreement that were not included in the previous agreement: Section 5 - definition of "minor" ($100 or less) and "major" damages; Term of the Contract - a five year te~m is proposed (previous contract - 3 years); Compensation - this was restructured to provide a little more guaranteed base salary to address medical insurance premi,~ms and to cap the bonus provision that was included in the previous contract. Any bonus was and is covered in increased revenues received. In determining the proposed compensation package, other greens keeper contracts from several other communities with similar golf courses were reviewed. In addition, Ms. Vanneman spoke with representatives from the Greens Superintendent Associations of Washington and Oregon and learned that the proposed agreement is within the range of other high quality superintendents, such as Mr. Alexander. As a point of information, Mr. Alexander pays his own Social Security. Ms. Vanneman feels this proposal is a fair package for both the City and John. Mr. Dawkins noted KIRO radio announcer Bill Yeend, who hosts a weekly golf television show, stated that Golf Mountain Golf Course was the finest public golf course he has ever played. TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 8 of 20 ~ related concerns of members of the golfing community about delays in getting onto the course. He hopes that the expansion of the golf course is not too distant in the future. Ms. Vannemanemphasized expansion of the golf course is definitely high on a prior list for her department and she plans to bring the issue to Council in a Study Session in the near future. Mr. Farr questioned for clarification the data shown that there was a 7.4% increase in revenue, but a 4.7% decrease in total players. ~ explained the increase in revenue was due to an increase in fees and the weather did have an affect on the number of rounds played. Mr. Fart questioned if he understood correctly that the golf course not only pays for itself but also generates funds for other Parks Department needs? Ms. Vanneman stated Mr. Fart was correct and for the last 3-4 years the Parks Department has been the recipient of some capital funds to cover the costs of playground equipment and other major capital projects. The amount of those capital funds has been approximately $100,000 for each of the past three years. Mr. Law stated it was his understanding that funding to help pay for the boardwalk for the next few years is also coming from the golf course. Ms. Vanneman stated Mr. Law was correct, the golf course is funding some of the payments for the beach at the boardwalk. Roy McInnis, 2711 Maple Street, pointed out Council, in its discussion, was getting away from the issue identified on the Agenda Bill. He related an incident that happened to him, regarding Gold Mountain's reputation, when he was visiting California, someone came up to him and talked about their not being able to play Golf Mountain Golf Course because it was too busy. #2481 M/S/C/U(Dawkins/Colvin) to approve the attached Professional Services Agreement with John Alexander. 7A - ORDIN~NCE NO. 4446 CEMEBGBNCYREADZNG~. AUTHORIIIN~THE ~SSU~ OF ~ $1o259.090 TAX ANTICIPATIONNOT~. ~CCEPTINGTHEPURCI~ASE OFFER OF 8E~FII~T BANK~ND DECLARINQANEMERGENCY #AB94-025 The proposed Ordinance will allow the City to finance it's General Fund cash flow. Temporary cash deficiencies are caused by the timing of property tax receipts within the City's fiscal year. There is not sufficient operating cash within the General Fund to operate throughout the year without some external financing. Cathy Johnson, Assistant City Treasurer, stated the proposed ordinance authorizes the issuance of $1,250,000 of tax anticipation notes and accepts Seattle First National Bank's purchase offer. The reason for this action is to cover cash flow needs throughout the year otherwise the General Fund would operate in a deficit cash position pending receipt of property tax revenues, which the City receives in June and December. This ordinance declares an TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page 9 of 20 emergency, which requires a unanimous vote of approval by the City Council. The reason this action is considered an "emergency" is that the City received a purchase offer today from the bank at a specific interest rate and due to market timing they like to keep the period of time between the offer and the acceptance to a minimum to minimize their risk. She directed Council's attention to the Ordinance under Section 2 Authorization And DescriPtion of Notes...the amount of interest rate should be filled in at 3%. Mr. Winters questioned for clarification the NIC (%) 3.416% on the second page of the cover letter from Seafirst Bank? Ms. Johnso~ stated that figure was the net interest cost. ~ questioned if the interest rate quoted was a fixed rate? Ms. Johnson stated yes. Presi~ent Fits acknowledged that the Internal Revenue Service has very stringent rules on this type of a process. Ms. Johnson explained the City cannot just take the funds and not spend them. The City is required to spend the funds within the first six month after receiving them. She pointed out inthe cash flow projections the City will be at that point by March of 1994. ]~ questioned when would the City repay the notes? Ms. Johnson stated repayment will be made on January 31, 1995. ]~, Baymont Place, questioned how much does it cost the City to borrow the money in advance to operate for the next few months? C&th¥ JQhnsgn stated the cost for the issue is approximately $5,000. MaYor Horton emphasized one of the reasons for doing a Tax Anticipation Note is because the City can do something called arbitrage, which means funds can be borrowed and then invested at a higher interest rate than what the City pays on them. It is a legal mechanism for municipalities take such action. When the interest rates are favorable, the City can actually make money rather than putting out money solely for interest. Mrs. Lona stated what she was hearing was a conflicting message or may she was not reading correctly what has been stated. It was her understanding that the funds had to be spent within six months, however, now she questions if there was no requirement as to how those funds are spent? If the City is only borrowing money to make money, where is the emergency, rather than just to continue the operating funds? Cathy Johnson explained the funds are used to pay for the general operation expenditures of the General Fund. Because property tax revenues are only received twice per year (June/December), the City would operate in a deficit cash position in other months of the year. The issuance of this note will allow the City to operate in a positive cash position during those TAPE #1170 City Council Reg. Mtg. Minutes January 26, 1994 Page l0 of 20 months. By the end of the year, the city will have recovered the money and be in a position to repay the note. Mr. Overson explained the nature of the emergency is that for acceptance of the interest rate the Council needs to pass the proposed ordinance, on an emergency basis, thereby locking in the interest rate, otherwise, the interest rate would be higher and would cost the City more. #3015 M/S/C/U(Overson/Colvin) to pass Ordinance No. 4446, on an Emergency basis, authorizing the issuance of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; providing for the sale of those notes to Seattle-First National Bank of Seattle, Washington; and because of its urgency, providing that this ordinance shall take effect immediately. 7~ - ORDINANCE NO. 4447 (EMERGENCY READING), AUTHORIZING THE ISSUE OF $295,000 pARKING SYHTEMR~FUNDING REVENUE BONDS, ~CCEPTING THE ~U~CHA~E OFFER OF NATIONAL BANK OF BREMERTON AND DECLARING /%N EMERGENCY #AB94-026 The proposed Ordinance will allow the City to refinance the outstanding bonds of the Parking System. The financing will reduce the City's interest rate from 7.25% to 3.8%, shorten the debt repayment period by 2.5 years, and save the City approximately $54,000 over the next seven years. Councilman John Law stepped down due to an appearance of fairness on this issue. Cathy Johnson, Assistant City Treasurer, stated because interest rates have decreased, it has become beneficial to the City to refinance the Parking System Revenue Bonds, which will decrease the repayment te~m and save the City $54,000. The "Emergency" reading is not only to lock in the interest rate offered by the National Bank of Bremerton, but the City also needs to secure financing to refinance those bonds before the old bonds can be "called", and it is necessary to do that prior to the end of the month. ~N- Overson commended the City Treasurer for his continued excellence in investment procedures and ability, as reflected in his taking advantage of an opportunity to save the taxpayers $54,000. Public comment - none. TAPE #1171 #0007 M/S/C/U(Huff-Menees/Colvin) to pass Ordinance No. 4447, on an emergency basis, relating to contracting indebtedness; providing TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 11 of 20 for the issuance of $295,000 par value Parking System Refunding Revenue Bond, 1994, of the city to provide funds with which to pay a part of the cost of refunding the City of Bremerton's outstanding Parking Revenue Refunding Bonds, Series 1976; fixing the date, form, maturity, interest rates,s terms and covenants of the bond; establishing a bond redemption fund; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the refunding bond herein authorized and for the use and application of the money derived from those investments; and approving the sale and providing for the delivery of the bond to the National Bank of Bremerton of Bremerton, Washington. Councilman John Law returned to the City Council Chsmhers at 7:15 P.M.. ~A - PUBliC ~ING AND ADOPTION OF RESOLUTION NO. 245G -- PRELIMIITARY P~T/PUD FOR 20 LOT SUBDIVISION AND 20 8INGLE FAMILY ~0 LOT LXNB RBSXDENCEB; APPLIC~%NT: MXI~RXC INC.; LOCATION: NORTH 8XD~ OF BYLV~NN~Y. EAST OF CEDAMGROVE DRIVE. #AB94-027 On August 17, 1993, the Planning Commission approved this project as a Residential Preliminary Planned Unit Development (PUD); the Commission also recommended approval to City Council for the Preliminary Plat for 20 lots with 20 single-family residences with zero-lot-line setbacks. A public hearing was held before the City Council on September 29, 1993 when the applications were remanded back to the Planning Commission due to the recommendation of allowing private streets to serve the development. The zoning ordinance did not allow private streets to serve more than three lots within a PUD. Since the council's hearing, both the Planning Commission and the City Council have held hearings to amend the Zoning Ordinance to allow private streets. With this change approved, the Council can now re-review the project. Another issue the Planning Commission identified was the need for additional Open Space in order to comply with the zoning ordinance requirements. The applicant is proposing to add approximately 14,500 square feet of additional open space for a total of approximately 20,800 square feet. This area is located adjacent to and north east of the site behind Pinewood Manner. An attached map shows where the additional open space will be provided. The City Council is the decision-making body responsible for evaluation of Preliminary and Final Plats. The City Council shall either: 1) Affirm the decision under review; 2) Reverse the decision under review; 3) Modify in whole or part the decision under review; or 4) Remand the matter back to TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 12 of 20 the Planning Commission for further consideration. Prssi~ent Fits asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. She pointed out four of the City Council members were not part of the Council when this issue was addressed in October of 1993. The City Attorney advised that because this issue was remanded back to the Planning Commission and it is now returned to Council as a different issue with some change, the new Council members can remain seated. Jaok ~11inohm~, Planner, pointed out the location of the subject site - north side of Sylvan Way adjacent to and west of Pinewood Manner (280 Sylvan Way), and that it consists of 2.4 acres. The application is to subdivide the property into 20 lots and construct 20 single family structures and some of those structures will have zero lot lines, no setback from the property line being platted. And, some of the structures will share a common wall. This land use development, single family zero lot line development, is an allowed use under the Multi-family zoning. The Comprehensive Plan designation for the site is residential 15- 30 dwelling units per acre. The multi-family zoning district allows a density of up to 44 dwelling units per' acre. This subdivision, if approved, will have a density of just over eight dwelling units per acre, which is well below the allowed density of the zoning district and that envisioned by the Comprehensive Plan. Access to the Site - private street. A private street was not allowed under the current zoning regulations when this application was first before the City Council. Since the issue had been remanded back to the Planning Commission, the zoning regulations were amended to allow private access to a subdivision like the one being proposed. Another issue identified by the Planning Commission was the need for additional open space. Following the remand back to the Planning Commission, the applicant secured the potential to add an additional 15,000 square feet of open space to the site. Mr. Allingham displayed a colored rendition of the plat. He pointed out the street shown on the rendition is to be widened to 26 feet in areas to allow parking of vehicles on both sides and allow adequate access of emergency vehicles in the event there are parked vehicles on both sides of the street. Although it is not the developers intention to clutter the street with parked vehicles, if it does occur there will be adequate access. The additional open space is also shown on the drawing as well as the hammerhead turn around for emergency vehicles. In addition, the open space TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 13 of 20 requirement is fulfilled by five open space areas located at the end of the small cul-de-sacs that give access to each separate dwelling. The drawing also shows a symbol that represents parked vehicles within a driveway and in front of each house it is anticipated to have a garage, which would allow each structure to have four off street parking spaces (two within a garage and two within the driveway). The proposed structures have a perimeter setback of 10 feet surrounding the property and a 25 foot setback from Sylvan way. One of the conditions recommended by the Planning Commission was to maintain a 20 foot buffer (approximately 140 feet) along the north property line in the newly acquired open space area. The applicant has also designated a five foot strip along the north property line as a minimum disturbance zone. It would prohibit clearing up to five feet of that property line in order to protect any root structure of any vegetation that might be on the adjoining property. Approving action by the City Council would give a PUD approval and Preliminary Plat approval of this concept. With that approval, the developer could finalize the PUD plan and develop the plat, put in the street, construct the houses and then later come back before the City Council and receive final plat approval prior to any lots being sold or transferred. Mark K~lman, Pac-Tec Engineering, briefly reviewed the history of this proposal and their effort to obtain a Special Exemption for a private street from the City Council on their original application. The City Attorney deemed such action was not within Council's empowe~ment and required the developer to go back and review the Zoning Ordinance through the Planning Commission. During that time period, they were able to respond to some of the concerns raised by the neighborhood during the original Planning Commission meeting and to further work with staff to refine the proposal and prepare the colored drawing of the proposed project. It was his opinion that the drawing reflected the conditions of approval as enunciated by the Planning Commission. The concerns addressed included additional open space, a 20-foot no clear native vegetation buffer along the north boundary line on the easterly most 150 feet of the property; reorientation of the hammerhead turn-around. Mr. Kulman reviewed some of the goals and objectives of the Bremerton Comprehensive Plan and how the proposed development complied with it. He also talked about the demographics relating to home buyers and the fact that 36% of new home buyers are "never married" type buyers. Some of those individuals are young professionals whose life style is not as involved with the traditional yard care type activities. And, as such the developer TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 14 of 20 felt the lot size and housing style was appropriate for that market segment as well as care of the common open areas would be cared for under a landscaping contract through the Homeowners Association. However, each house is provided with an intensely private rear or side yard, which will be screened and fenced to provide that private area. The developer also anticipates having a certain amount of retired people buying into the project, who no longer need a large home. One of the policies of the housing element is to support the private sectors efforts to meet changing housing demand and identify housing need. Mr. Kulman believes this project is one that has done its study and is aimed at that specific demographic segment of our society. Another policy is to encourage innovative type of housing through the use of a PUD. The PUD allows a certain flexibility within the Zoning Ordinance, such as front yard/side yard/rear yard setbacks. In this instances zero lot lines are proposed so that all of the usable portions of the lot is concentrated so that the unusable portions are the next yards usable portion. The PUD carries with it certain requirements that a straight plat would not have and they have complied with all of those requirements. Parking and private street access - the buying market for this type of project are generally highly mobile people and because of that four off street parking spaces were included. None of the driveways access directly onto the private street, but access off the shared driveways. This would minimize the movement onto the private street. With the amount of parking provided, the developer felt the 20-foot wide private street would be adequate. There was concern expressed that additional parking would be needed. Randy Witt, City Engineer, expressed concern that any overflow parking would probably be along the private street, and as such he felt additional parking should be provided. He recommended a condition, which the Planning Commission adopted, asking for a 26 foot wide street. The developer did have concerns over that requirement, however, they accepted that condition at the Planning Commission hearing. But, they did had concerns about the "feel" when entering the project. It is the developer's belief that the second part of marketing a project successfully is not just identifying who the buyer is, but most of those buyers will be impressed when they enter the project, not when they enter the door of the home. The developer did not want to see a long ribbon of asphalt and wanted to break it up some how. Subsequently, they met with the City Engineer to discuss how they could accomplish providing an inviting/attractive entrance to the project. Since parking immediately adjacent to those driveways could have had some impact on entering sight distances for traffic, they felt it was not an appropriate place to park and therefore could they provide the scalloped type driveway shown on the plan, allowing for landscaping at the entrance of the private driveways and still provide TAPE 91171 City Council Reg. Mtg. Minutes January 26, 1994 Page 15 of 20 additional parking. With that configuration, the developer was able to provide an additional 2-parking spaces per cluster of homes on Cierra Court by providing the 26 foot width at those areas where it is appropriate that vehicle traffic not be maneuvering for any other purpose. Another important element in providing the private street was that they were going to provide dense landscaping and fencing along the east boundary line so that the prospective would be of a densely landscaped street that was devoid of driveways and didn't have a bunch of garage doors presenting themselves to the street. Mrs. Fits questioned if the colored drawing presented was substantially different than what was shown to the Planning Commission? ~stated the drawing is not substantially different...it is colored and shows the additional open space, which is shown in a separate graphic, and the modifications necessary to comply with the conditions recommended by the Planning Commission. Even after this hearing, the final PUD approval is an Administrative approval and is reviewed for compliance with the conceptual plan. ~stated since the drawing incorporates the Planning Commission's recommendations it can be used in this discussion. Mr. Ovarson noted there is a standard requirement in the City's PUD Multi-family development that "bus" transportation be accommodated in these kinds of developments. He questioned where that fit into this design? Mr. Kul~&n stated a bus stop is located across the street from the entrance to the private road. Mr. Overson questioned if the "sport court" was deleted? Mr. Kulman stated it was proposed in the original application, however, with the added open spacethey wanted to address the concerns of the neighborhood, who felt there could be unwanted evening noise associated with such activity. ~ pointed out that the intersection of Sylvan Way and Pine Road had developed into a dangerous intersection involving numerous traffic incidents. Citizens had previously contacted the City and talked with many authorities trying to get something done at that corner to address a hazard traffic situation. Mr. Overson felt stop signs would be a natural resolution. He questioned if something was planned to address that concern? Mr. Witt stated not that he was aware of, however, he would look into the matter. Mr. Colvin concurred in Mr. Overson's concern regarding the dangerous intersection. He felt a stop light or caution light was needed. ~ questioned if the private street would be built to City standards? Mr. Wits stated the structural ability of a private road will be up to City standards, however, it does not meet City standards as to width and curb/gutter. Mr. Colvin questioned if there would be any sidewalks? Mr. Witt stated none TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 16 of 20 are planned. When consideration is given to a "private street" for an infill development where a lot size does not allow a City street, a private street could be considered with reduced standards for width, if appropriate and this development meets that condition. Mr. Colvin questioned who would be responsible for maintenance of the private street? Mr. Witt stated the developer and Homeowners Association. ~questioned for clarification Mr. Allingham's statement that the 20 foot wide street would satisfy the needs of both parking and emergency vehicles traveling down the road? Mr. Kulman stated that was correct, emergency vehicles (fire and ambulance) require a 20 foot wide all weather surface. The proposal provides for a minimum 20 foot width all weather surface for the provision of emergency vehicle access. As stated in their original proposal it was their belief that four off street parking spaces per unit, which is twice the City requirement, would provide adequate parking. The issue of overflow parking was raised and that was what brought about the requirement for a 26 foot wide street section to provide adequate off street parking. Mr. Fart questioned who would enforce parking problems on the private street? Mr. Kulman stated typically if homeowners associations are not given a strong reason to exist over a period time they will weaken. However, enough reasons have been included within this development for a homeowners association to maintain a viable organization. Maintenance for the non-open space community maintained areas (front and side yards,) will be handled by contract with the homeowners association as well as maintenance of the street and common driveways. Mr.N~tt stated as the project came forward he too was concerned with the issues raised by Mr. Fart and Mr. Winters. He explained his reasoning for requiring a 26 foot wide street and emphasized the City should not be put into a position of active enforcement. Mt. Law questioned if the homeowners association would own the newly acquired property? Mr. Kulmmn pointed out the areas that would be commonly owned by the homeowners association including the 40 foot wide tract and each of the common driveways. Mr. Law questioned if there are plans for a club house? Mr. Kulm&n stated no, due to the size of the development. Two thirds of the open space must be suitable for active recreation, which could be addressed with simply adding picnic tables or a gazebo if the homeowners association elected to provide something of that nature. Mr. Law noted Mr. Kulman mentioned a 25 foot facing space between lots i and 2 and Sylvan Way. He questioned if that included sidewalk and curb? Mr. Kulm~ explained that is measured from the right-of-way not from the edge of the existing street improvements. The right-of-way on Sylvan Way is 60 feet wide. Mr. Dmwquestioned TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 17 of 20 if the sidewalk was 25 feet from the edge of the building? Mr. Kulman explained the sidewalk will be in the right-of-way. D&rrsll Thaver, 3601 Pinecone Drive, stated he and his wife appreciate the fact that the developer has made some changes in response to concerns raised by property owners at the north end of the development. The last time he viewed the proposed project the eastern boundary of the private street was not to be used for parking. He is concerned if parking is allowed on both sides of the private street a vehicles measuring 102" could be parked thereby decreasing the width of the roadway to 9 feet for access for emergency vehicles. He asked that parking be restricted to the west side of the private street. ~, West Kitsap Lake Drive, stated he concurred in the project except for the impact of traffic on Wheaton Way and Pine Road. He talked about studies that have been made addressing future traffic needs and the possibility of a third bridge over the Washington Narrows. He cautioned against having a mind set that Pine Road would become the north/south route. Mr. A11inahamstated it was not his intention to state that parking was desired on both sides of the private street. The need for a wider Cierra Court right-of-way was required in anticipation if parking did occur on both sides of Cierra Court. In reference to curbs, the Planning Commission did hear the need for curbs along Cierra Court and that curbs would prevent parking from extending off of the street into any landscape setbacks. Somewhere between the remand back to the Planning Commission and coming back to Council, the curb issue got lost and Council could once again require curbing along Cierra Court. ~ stated in response to Mr. Thayer's concern, in the original meeting with the Planning Commission "parking" was discussed and the developer does not intend to have the landscaping torn up by people parking in it. The applicant accepted the provision for curbing at that time to keep people on the asphalt and to keep them out of the landscaping. There is no intention to allow parking on both sides. He felt strongly that the homeowners association would have the ability to enforce no-parking of unauthorized parking. The developer had no problem if Council limited the parking to one side. In reference to traffic impacts, he asked Mr. Witt what functioning classification was identified for Wheaton Way? Traffic carrying capacity is identified in how it is functioning with regard to that capacity as rated A, B, C, D, E, or F. Right now Wheaton is most likely operating at a "D" capacity during peak hours. Under the Growth Management Act, there will a concurrency requirement and a definition of level of carrying capacity below which a new project will not permit a road to drop below and it appears a "D" will be an acceptable level of operation during that peak hour. It is TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 18 of 20 certainly implied that during non-peak hours the function would be at a higher classification, possibly a "B" or "C". At the present time, Wheaton Way is functioning adequately. ~ questioned for clarification that the developer had "no problem" if Council restricted parking to one side of the private street? ~. ~lman stated they bade no objection to Council prohibiting parking on one side. ~x. Witt asked that Council not consider taking such action. He does not want the City getting into active parking enforcement regulations on a private street. If the residents, through their homeowners association, feel they need to address parking issues, he preferred that they be allowed to handle such regulating. Pres~ent Pits questioned if the Council regulates the restricted parking, will the City be called upon to enforce it? ~F~ stated he did not want to field phone calls relating to that type of enforcement nor does the Police Department. ~ stated if Council elects not to restrict or regulate parking, does the City have any liability in the case where emergency vehicles could not access the area due to vehicles parked along the private street? ~F~ $1evers stated he understood from Mr. Witt's first presentation that he felt if there happened to be parking on both sides there would still be an adequate fire lane for emergency vehicles. He felt that was an important determination for purposes of liability. If there was not adequate room for a fire lane, the City, regardless of the private nature of the street, could enforce fire lane regulations as they do in shopping center parking lots. If Council decides to make it a condition of the PUD, the enforcement would take a different fo~m...the City would not be sending Police Officers to tow away obstruction of traffic as the City would on a public street. It would be a violation of the terms and conditions of the PUD and would be separate remedies under the Zoning Code, which would not be as immediate but there would be penalties, misdemeanors and possible injunctive action. Mr. Colvin questioned for clarification if Mr. Sievers was saying the Council can impose restriction on traffic on both sides of the streets without having any liability? Mr. $ievsrs stated it does not appear the City would have liability for not making it a condition. Mr. Witt stated he is comfortable with the width that has been set up that would allow emergency vehicles access and as important, local resident access through the area. He urged Council to keep the City out of enforcement. Mr. Thaver again raised his concern about the possibility of having larger type vehicles (102 inches) parked along the private street that could impede emergency vehicle access. He questioned if the City Engineer believed 108 inches was adequate access for emergency and sanitation vehicles on that street. Mr. N~tt stated he disagreed with Mr. Thayer's' width of vehicles and felt the average TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 19 of 20 width of the vehicles for such a development would be smaller rather than larger. Keeping that in mind, there may be the possibility of two motor homes parked adjacent to each other thereby creating a narrow space. This issue is the reason why the requirement for a 26 foot wide street vice a 20 foot wide street was imposed. ~F~stated he did not agree withMr. Witt and did support restricting parking to one side. Mr. Fart stated he concurred in restricting parking to once side. Mr. Overson questioned the zoning of the surrounding property with the designations R-5 and R-27 Mr. A11inuham explained zoning designations R-5 and R-12 are County zoning designations. R-5 allows for five dwelling units per acre and R-12 allows for 12 dwelling units per area, however, SF-3 means it is one of three Single Family zoning districts, which allows approximately 9 dwelling units per acre. President Fits questioned if the adjoining property, Pinewood Manor, was a new development? Mr. ~11%ngham stated he believed Pinewood Manor was developed about 15-20 years ago. President Fitz questioned if there were any buildings on the recent acquired property and was it ever used as part of the open space for Pinewood Manor? Mr. Allin~ham stated there are no buildings on that property and Pinewood Manor is situated on a separate parcel. The new acquired area would be a boundary line adjustment from this parcel. #2225 M/S(Colvin/Law) to approve the Preliminary Plat/PUD under Resolution No. 2456 accepting the Preliminary Plat/PUD of the Cierra Court subdivision, except that there will be parking on only one side of the private street. Mr. Overson stated he expected Council would be opening it up for another 20-foot street. Mr. Kuhlman stated Council may consider the street section shown as a proposal of the applicant...a 26 foot wide street providing parking on the west side and parking can easily be prohibited on the east side. President Piti questioned if that was to be accepted now? Mr. N~t~ stated or turning it around the other way, he would not require going to 26 feet because of Council's motion. Mr. Overson stated his final concern on that point was it appears we have just put a work load on staff that staff does not need. Mr. Dawkins stated he felt the City Engineer had the necessary professional expertise to come up with a recommendation and he did not feel it was appropriate for Council to "engineer" from the dias. Mr. Colv~n stated we've seen narrow streets all over the City. Mrs. H~ff-Menees stated she agreed with Councilman Dawkins and believed that staff has made a recommendation on this proposal. TAPE #1171 City Council Reg. Mtg. Minutes January 26, 1994 Page 20 of 20 She also believes the homeowners association can impose needed restrictions. She felt certain the property owners would not place themselves in a situation where they would be in danger of not having access for emergency vehicles. She believes Council needs to follow the recommendation of staff. #2349 M/S/C(Overson/Dawkins) an amenSment to motion to remove the restriction on parking and approve the motion as presented. Vote on Amendment to motion: In Favor: Overson, Law, Huff-Menees, Dawkins, Winters, Fitz Opposed: Farr, Colvin Motion carried. Kathlssn MaCluskev, City Clerk, explained a vote was not necessary on the main motion because the amenSment to the motion was passed by a majority to remove the parking restriction. With no further business meeting adjourned at 8:27 P.M. ~ ~ ~, City Clerk KATF?.~EN L. City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault