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HomeMy WebLinkAbout04/13/94TAPE #1191 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES COUNCIL APPROVED APR 'i' 1994 APRIL 13, 1994 #OO5O #0094 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 13, 1994, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Morrie Dawkins, Bob Winters, John Law, A1 Colvin, and Sherril Huff-Menees, David Farr and Richard Neville. Councilman Lon Overson was absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Rick Lund of Family Of God Lutheran Church. President Fitz announced Council had just concluded an Executive Session on "potential litigation". CONSENT AGENDA A. Minutes of Meeting -- March 30, 1994 #AB94-068 B. Bid Award Recommendation - CAD System/ #AB94-069 Engineering - Bid Rejected And Approval Given To Purchase Engineering Hardware And Software From Several Vendors M/S/C/U(Dawkins/Colvin) to approve the Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW42.24,080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Law) on April 13, 1994, the Council does approve for payment those vouchers included and further described as follows: 174041 through 174043, 174045, 174046 through 174050, 174058, 174059, 174132, 174134 through 174355, 174403, 174405 through 175560 in the total amount of $4,217,875.52 COUNCIL MEMBER REPORT8 Mr. Neville reported he enjoyed spending the week of "spring break" with his son. On Monday, April 11 he attended a Ferry Advisory Committee meeting. Senator Bob Oke and Representative Tim Sheldon also attended that meeting and he had the opportunity to meet the new Secretary Of Marine Transportation Paul Greene, who heard the needs of the central Sound areas. It would have been nice if the TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 2 of 15 other State representatives from this area as well as the Kitsap County Commissioners had attended that meeting. Mr. Law reminded everyone that the next District #3 neighborhood meeting will be held April 19, 7:00 P.M., at the Senior Center. The main topic for that meeting is "Do You Want Manette To Change". Mr. Dawkins reported he also attended the Ferry Advisory Committee meeting and was pleased with the number of people attending that meeting. Effort will be made to schedule next years meeting so that it can be televised on the Cable Access Channel. Mr. Colvin announced Mayor Horton has scheduled a meeting on April 18, 7;00 P.M., at the Sheridan Park and Recreation Center to discuss a land use issue. He encouraged District #1 residents to attend that meeting so they can become well informed and have an opportunity to express their opinions. He extended sympathy to the family of Tessie Williams, a long time Bremerton resident, whose grandson was involved in a tragic accident on Lebo Boulevard. On Monday, April 11 helattended a meeting at the Union Hall where he heard candidates running for a Senate seat speak. Mr. Winters thanked all those who attended a clean and sober dance at the Westside Improvement Club on Friday, April 8, sponsored by Agape Unlimited and the DWI Victims Panel. He extended a special "thank you" to Linda Rose for coordinating that event. At the Neighborhood Information Meeting on March 28, he suggested that the Welcome To Bremerton Signs needed to be cleaned. He was pleased to report that those signs have been cleaned by the Community Service workers and he extended a special "thank you" to Terrie O'Neill and the Mayor's staff for attending to that matter. PUBLIC RECOGNITION Mayor Lynn Hotton announced Bremerton Animal Control will begin adopting out pets at PETSMART in Silverdale on Wednesdays. Starting April 14 through June 2nd, a Learn To Shoot Pool program will be offered for youth ages 12-19 on Thursdays 5:30 - 7:00 PM., at the Senior Center, with a Ladies Only for ages 12 and older on Thursdays from 7:30 P.M. to 9:00 P.M. On April 16, 7;00 - 10:00 P.M., the Parks Department is sponsoring a SLASH & JAM for sixth - ninth graders at the Bremerton Pool/$4.00 preregistration at the YMCA or $5.00 at the door. Also on April 16, 1:30 - 3:30 P.M., is April's Pool Day. Upcoming invents include a Talent Show on April 21; a huge Flea Market April 29 and a KUBE JAMs Teen Dance on May 7. Mayor Horton provided the following response to questions raised by citizens at the April 6th City Council meeting: Question: Are manufactured homes allowed in the City of Bremerton? TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 3 of 15 Answer: Yes, manufactured homes and mobile homes are legal and covered under the same definition. There are specific requirements that must be met, including that at a minimum they be 20 feet wide (double-wide mobile home/manufactured home) with a standard roof pitch of i ft. rise for each six feet and be installed no more than 12 inches above ground with a solid enclosed foundation and a minimum of 400 sq. ft. NOTE: An information meeting will be held in District #1 on Monday, April lS, 7:00 P.M., at the Parks and Recreation Center, on the Planned Unit Development consisting of manufactured housing on Sylvan Way. Question: How much money was spent on attorney's compensation in the West Hills Association lawsuit? Answer: The total compensation from 1992 to current was $357,000 and that was funded out of the Utility and ultimately through a portion of the utility rate increase. Question: The number of lawsuits the City has pending? Answer: There are 33 suits currently pending in the City's legal department and by category they are: 5 suits brought by the City, such as collection of money and condemnation; 4 disputes over governmental actions, such as annexations and zonings and have no monetary impact; 8 Worker Compensation disputes/potential medical costs, compensation, etc. (the City is self-insured to $100,000 with insurance coverage over that amount on claims; 16 - suits for damages (the City is self-insured to $100,000 with insurance coverage over that amount). There are no pending suits similar to the treatment plant lawsuit that are not covered by excess insurance coverage. Question: What regulations establish Stormwater Management? Answer: State Legislation enabling legislation for the Puget Sound Water Quality Authority in conducting planning regulatoryand appeals action surround stormwater. This requirement applies to State government agencies, such as Ecology for development and implementation of Puget Sound Stormwater Program. Question: What are the penalties if the City does not comply in establishing stormwater management? Answer: If a person (person is defined to include governmental entities) is found guilty of wilfully violating the provisions contained in Chapter 90.48 of the RCW, they can be fined up to $10,000 and costs of prosecution or by imprisonment in the County jail for not more than one year or both. Each day constitutes a separate and additional violation. Mayor Hotton read a Proclamation proclaiming April 11-15 as ARBOR WEEK and April 11th as ARBOR DAY. Mayor Horton presented the City Council President with a tree seedling. TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 4 of 15 Police Chief Del McNeal made a presentation to Officer Fitzpatrick, who serves as a D.A.R.E. Officer and a member of the City's Drug and Gang Unit, from the USS Nimitz in appreciation for his presentation on "gang awareness and prevention" to 168 personnel of the USS Nimitz Supply Department. Officer Fitzpatrick accepted the award on behalf of the City of Bremerton, Police Department and the Gang Unit. Jo~ie Wroblewski, Assistant Parks and Recreation Director, reported as part of Arbor Day tree seedlings, provided by the City's Forestry Department, were distributed to the public. Also, she invited the City Council and citizens of Bremerton to help Kitsap County Parks in their effort to create their County-wide Parks Plan by attending an Open House on Thursday, April 14, at the Bremerton High School Library, 7:00 - 9;00 P.M.. Citizens of Bremerton can participated in a self-guided tour and complete a survey form. Mary Lou Long, Baymont Place, announced the next C.R.A.B. meeting will be held April 14, 7:00 P.M., at the old KBRO Building at 11th and Park. She announced petitions will be available at that meeting as. well as at City Council meetings and she will be collecting signatures at those times. In reference to the charges placed on stormwater management, she felt strongly that the cost for such a program should be.either incorporated into the General Fund or put out to the vote of the people. She stressed other communities do put a charge on a property tax basis and collect it in a fair and equitable manner to provide for stormwater management. The City of Bremerton did not choose to use that method, but did levy a charge on a portion of the community thereby letting certain elements or people in the community not share in the project cost. She believes the most equitable situations for resolving these problems is the dissolution of Bremerton and finding new leadership. Dennis Hovorka, Rocky Point Road, stated he is opposed to annexation of Rocky Point Road into the City of Bremerton. He announced a clean up of Sinclair Inlet will be held on April 16, 11:00 A.M. This activity has been initiated by a citizens Action Committee and supported by Kitsap Diving Association and Coast Guard Flotilla #45 Auxiliary. As a part of the clean up effort, a Coast Guard helicopter will put on a search and rescue demonstration. He also reported that the Washington Scuba Alliance will be receiving grant funding for marine life interpretative signs, which may be placed on the Bremerton waterfront area. Ken Ackler voiced his displeasure over his increased sewer billing. He denied ever receiving anything in the mail publicizing public hearings being held by the City on the issue of increased rates. It upset him that lawmakers refused to listen to the citizens to TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 5 of 15 "stop costing the citizens money". He believes the City should give the residents a spring/summer 40% reduction in their rate. John Dennis, reported his daughter Emily (8th grade) and his son Mitchell (6th grade) have been active in environmental activities and like to encourage people to take part in the Saturday clean up as well as Earth Day activities. Emily and Mitchell wish to express their appreciation to Don Larson for their being nominated for an award through the Kids For Saving The Earth Activity. Emily expressed her thanks to Don Larson and Kids For Saving The Earth for being nominated for the award she received. She was the first runner up for "Writing AnEssay", which was a national competition. Emily displayed the litter bags for Saturdayts clean up and she urged everyone to join in. Mitchell expressed his thanks to The Sun for the awards he and Emily received for being "Unsung Heroes" and for the award he received from Kids For Saving The Earth. And, the best part of "Save Sinclair Inlet" clean up efforts is the pizza party at the end of the activity. Mr. Winters challenged his fellow Council members to see who could fill up their litter bag the quickest at the Saturday event. President Fit~ expressed her thanks to Emily and Mitchell because they are the next generation to save the earth and are much more aware of such things than she was at their same ages. President Firm reported that Council Study Session notices are now being publicized on the Character Generator/Channel 12. She hoped that by making this information more public more citizens will make the effort to attend those sessions. 6A - BUDGET ADJUSTMENT/RISK MANAGEMENT FUND, #AB94-070 Recent settlements of litigated claims as well as proposed settlements of such claims requires transferring funds from the 'Ending Cash balance of the Risk Management Fund to the Claims Payment account of the same fund. Peggy Lesser, Risk Manager, stated the requested action is simply moving funds from a reserve account into an expenditure account and is included in the 1994 budget. Mr. Colvin questioned if the funds had been accumulated for'this purpose? Ms. Lesser explained over the years funds have been accumulated to pay claims and settlements as they come due, which is the case in this instance. President Fitz pointed out this is a very specific fund and used only for claims against the City. Ms. Lessor stated that was correct and there are ordinance requirements that must be met before funds from the Risk Management Fund can be spent. Public comment - none. #1196 #1348 TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 6 of 15 M/S/C/U(Colvin/Farr) to authorize the transfer of $150,000 from the Ending Cash account of the Risk Management Fund to the Claims Payments Account of Fund 503. 6B - APPROVAL OF 8ALE OF THE MEADOWDALEWELL SITE SURPLUS PROPERTY TO GREGORY HUNT AND CRAIG GRESHAM, #AB94-071 City Resolution #2451, passed on December 22, 1993, directed that the surplussed Meadowdale Well site should be sold for the highest bid, but for not less than $80,000. The property was advertised and bids were received. The highest bid was made by Greg B. Hunt and Craig A. Gresham in the amount of j$125,125.00. President Fits questioned the number of times this issue had been before Council? Gil Johnson, Deputy City Clerk, stated this particular property had been before City Council three or four times since 1984. Previously, the site was appraised at $135,000, but due to topographical features and the inability of potential developers to short plat based on right-of-way and necessary easements it was reappraised at the lower amount of $80,000. He briefly reviewed the City's ownership of a well site in the middle of the 10 acre parcel, which was sold to the North Perry Water District and is part of their water source. Mr. LaW explained for the public's benefit that Earnest Money documents were submitted with the bids thereby showing the commitment of those bidding. Mr. Johnson pointed out for clarification that the subject property is not inside the City. Public comment - none. President Fitz questioned which fund would receive the proceeds of this sale? Mr. Johnson stated the proceeds from the sale would go into the Utility fund. M/S/C/U(Neville/Huff-Menees) to approval the sale of the Meadowdale Well site to Greg B. Hunt and Craig A. Gresham. 6C - PROFESSIONAL SERVICES AGREEMENT/GRANTS WRITER - RANDY 8UKO, #AB94-073 The 1994 budget contains $42,000 for a Grants Writer. Rather than hiring a permanent employee at this time, it is recommended that the Grants Writer be hired on a Professional Services Contract not to exceed $20,000. Mr. Randy Suko is skilled in the area of grants writing and is currently providing those services for KCAP. He will work out of his office in the 4th Street Building under the direction of the Mayor. A group of citizens interested in the procurement of grants will be formed to assist Mr. Suko in seeking TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 7 of 15 out appropriate grants and obtaining grant information. Mr. Suko will coordinate with departments and write the grant application Mr. Winters questioned if the City had previously had a Grants Writer and how much money can a Grant Writer generate? Mayor Hotton stated the City did employ a Grants Writer from 1989 to 1991. She did not have the totals available at this time, however, City did receive the EDA Grant of $890,000 for the boardwalk. The approach of having a contractual Grants Writer rather than a full time employee is due to the fact that grants seem to come on cyclical time frames and she preferred having a person utilizing their time writing grants and not sitting with nothings to do during a lull time. Her recommendation is to follow this approach to see if it is feasible to contract out the needed services and if it does not work, she will come back and recommend hiring a staff person on a full time basis. Mr. Winters noted it is proposed that the Mayor will follow the progress as to how many grants have been applied for, their status, etc. Mayor Hotton explained she would be using the City's and Departmental goals and objectives to identify the grant areas and then have the committee research the various documents looking for grants that may be applicable based on those goals and objectives. The Grants Writer will work with the individual departments on the technical aspects of the grant, he will complete the grant application and monitor the application process. If the City is award the grant, then it will be up to the departments to administer the grant. Mr. Winters questioned if at any time during the contract there seems to be no progress or benefit to the City, does the City have the option to terminate the contract? Mayor Hotton stated yes.. Mr. Neville questioned if he understood correctly that the Grants Writer would be working on a strictly hourly wage and would not receive any percentage of the grants? Mayor Herton stated Mr. Neville was correct. Mr. Farr questioned if there was any provision included in the contract that stipulated the City would be given priority on Mr. Suko's time available or will the City be required to "stand in line" with others who are contracting his services? Mayor Herton stated she had not discussed the issue of priority basis, however, if a contract is entered into but cannot be fulfilled she would pull the contract and look at another avenue. Mr. Suke has indicated to her that he has the ability and time to take on the City's grant writing needs. Mrs. Huff-Menees stated she felt this proposal was a very beneficial way for the City to meet this need and the position is critical to the City. The City will be guaranteed, by contract, to. have Mr. Suko's service for those times and issues and it is an #1730 TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 8 of 15 opportunity to share resources with other agencies. Mayor Hotton pointed out Kitsap Community Action Program (KCAP) has been very gracious .to allow the City to use their facilities/computer at Mr. Suko's discretion for the City's grant writing. Mr. Colvin pointed out the proposed contract is for a period of six months. Mayor Hotton noted Mr. Suko may be going on to school for an advanced Degree and was one of the reasons why the contract was written for a shorter time. Also, she wanted to give contracting out of this service a test run and felt the six months time frame would give a good indicator if contracting is the best method to provide this service. Mr. Law stated he felt the City was very fortunate to have someone available like Mr. Suko with the expertise needed and who was available locally and did not require inclusion of commute time. Public comment - none. M/S/C/U(Huff-Menees) to approve Professional Services Agreement with Randy Suko for his services as a Grants Writer. President Fits requested Mayor Horton to explain how the idea for a "grants Committee" came about. Mayor Hotton stated she was approached by Jack Lefcoski, a City resident, who shared his idea of pulling together volunteers from within the community, who had an interest in grants and the grants.writing process, to work with the Grants Writer. She believes having the committee's assistance will be cost effective for the City and will help Mr. Suko so that he can devote his time to writing grants. President Fits stated when Mr. Lefcoski shared the idea with her his concerns centered on the increased Utility rates and saw the possibility of a source of funding that might benefit the citizens in providing them some relief to financial needs of the Utility. Mr. Winters extended his thanks to Mayor Horton for following up on a suggestion submitted by a City resident, which proves that the City Council and Mayor do listen and do apply ideas that have merit. He also thanked Jack Lefcoski for bringing the idea to the City. 7A - RESOLUTION 2464 DECIa&RING INTENT TO EBTABLISH THE L.I.D, FOR PORTIONS OF WHEATON WAY AND SETTING A HEARING DATE ON FORMULATION OF L.I.D., #AB94-073 The City has received a petition requesting formation of a Local Improvement District (LID) to fund construction of a sewer extension along portions of Wheaton Way. Attached is a LID boundary map. The action before the City Council is a Resolution declaring the Council's intent to establish the LID and to set a TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 9 of 15 hearing date regarding formulation of the LID for May 4, 1994. Tim Richard, Senior Engineering/Utility Department, explained petitions were received to extend a sanitary sewer along Wheaton Way and would consist of running a sewer line approximately 1200 feet beginning at the existing sewer line located adjacent to Bay Bowl and running approximately southeast about 1200 feet to the vicinity of Magnuson Way. The project would serve the lots between Wheaton Way and the Port Washington Narrows. Based on the front footage, 65% of the property owners within the L.I.D. boundary signed the petitions (total of 11 parcels included) the total estimated cost, including design, construction, administration and contingency is $95,850. The original estimate submitted by the designing engineering firm was approximately $65,000. Following review of that proposal, it was determined the estimated construction costs were low and only contained a small amount for contingencies. As a result of that review, the estimated construction costs were increased. The lot identified as Lot #2 on the boundary map is connected to sanitary sewer by a pressure service lateral that runs down the right of way and was granted to the property owner in 1985, and at that time they contributed $1,050.00 to future sewer line construction. The agreement specifically states that future assessments for sewer are not waived because of that agreement and that they would connect to a sanitary sewer constructed there in the future. Following a discussion with the City Engineer, that property owner understands the requirement of that agreement. He pointed out Lot #8, a City owned property, is currently being used as a park viewpoint and is included in the L.I.D. Mr. Farr questioned the exact location of the sewer line? Mr. Richard stated the project would consist of laying a gravity line on the south side of Wheaton Way. Mr. Farr questioned if he was correct in understanding that it would not involve any beach construction? Mr. Richard stated Mr. Farr was correct. President Fits questioned why the "island" of unsewered area was left when there is sewer at the top and bottom 'locations of the general area? Mr. Richard stated the general area was subdivided by the military and it may have been determined by them that there was no planned use for the subject area that would require sewer services. President Fits stated one of the benefits this project would bring to the subject area would be to allow much greater development on several undeveloped pieces of property within the boundary area. Mr. Richard reported a meeting was held with the affected property owners and one owner of an undeveloped pieces of property voiced his being in favor of getting off of a septic system and having the opportunity to do more with his site. #2164 TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 10 of 15 Public comment - none. Mr. Law stated he believed the proposed L.I.D. would enhance the values of the properties within the L.I.D. boundary. M/S/C/(Law/Farr) To pass Resolution #2464 declaring the intent to establish the LID and fixing May 4, 1994, as the hearing date for the Wheaton Way Sewer Extension Local Improvement District. Vote on motion: Motion carried. In Favor: Abstain: Neville,'Law, Farr, Huff-Menees, Dawkins, Colvin, Winters Fitz 7B - ORDINANCE (FIRST READING) AMENDING HOURS ANDDAYS OF FIREWORKS USE AND AMENDING B.M.C. CHAPTER 9.48, #AB94-074 Attached, for the Council's review, is a proposed ordinance addressing specific days and hours citizens can use fireworks within the City limits of Bremerton. It also outlines specific language for Public Display of fireworks, with prior Fire Department approval. Included in the amended ordinance is a clarification of when fireworks may be sold. This is just housekeeping same as the last two years to be uniform with the County Commissioners. Mr. Winters asked the City Attorney if he should step down from this issue due to his having worked in his family's fireworks stand in 19937 Ian Sievers, City Attorney, asked Mr. Winters if he would have an actual involvement for the coming year? Mr. Winters stated they were offered the opportunity but declined it. Mr. Sievers stated Mr. Winters did not have a conflict and could be seated. Mr. Neville asked if he might have a conflict of interest on this issue due to the fact that he is currently President of the Warren Avenue Pee Wee Association and they do operate a fireworks stand each year? Mr. Sievers stated this issue is a legislative matter and not a land use matter which is subject to appearance of fairness. Being a President of a non-profit non-salaried position is not a financial conflict of interest, therefore, Mr. Neville could remain seated. Scott Rapley, Fire Marshall Office, stated this ordinance is being submitted as a permanent ordinance wherein the past two years the ordinance wording gave it a temporaryterm. The proposed ordinance will allow the sale of fireworks from June 28 through July 4, but only allows display of fireworks from 12:00 (noon) to 11:00 P.M. on July 4th. He emphasized if someone wishes to put on a public display of fireworks at some other time they must obtain a special permit through the Fire Department. He stressed this proposal is TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 11 of 15 in no way a ban on fireworks, but is following the County's regulations. President Fits questioned the meanings of "display" and discharge"? Mr. Rapley stated both words mean basically the same thing... the public may display or discharge fireworks only on the 4th of July during the designated hours. He also emphasized this ordinance addresses only the "legal" fireworks sold at fireworks stands. Mr. Neville stated he found nothing in the ordinance that excludes the use of illegal fireworks? Mr. Raplev stated the discharge of illegal fireworks is covered under State law and is not addressed in the proposed ordinance. Mr. Neville questioned if the Fire Department or Police Department would enforce this legislation? Mr. RaDlev stated enforcement would involve both the Fire and Police Departments as a joint effort. Mr. Neville questioned the penalty, if any? Mr. Rapley stated it is between $50-1,000 as stated in the Bremerton Municipal Code. Mr. Neville referenced data regarding the number of injuries caused by fireworks, but found nothing referencing number of arrests made and fines levied last year. Mr. Raplev stated he did not have Police Department statistics on any arrests or fines involving fireworks. He was aware of a number of incidents where fireworks were confiscated. Public comment - none. Mr. Winters emphasized the need to have a responsible adult with children when they discharge fireworks. Children pay no attention to laws or ordinances and are only interested in shooting off fireworks soon after purchasing them. We, as parents, need to educate children on fire safety and how to handle fireworks safety. Mr. Colvin questioned if the Fire Department provided special training for youth as to the proper handling of fireworks? Mr. Rapley stated the Fire Department provides a handout type document to all fireworks stands to be distributed to the public and the City's Fire Prevention Officer may also provide safety information when she speaks at schools and before groups on fire safety. Mr. Winter suggested that the City's D.A.R.E. Officers also include how to handle fireworks safety in there program as well. Mrs. Huff-Menees stated her support of setting time parameters so that citizens do have some recourse when someone abuses the ability to discharge fireworks late into the night. Mr. RapleV stated there are many reasons for having such an ordinance, i.e., fires, injuries, lost animals, etc. #2754 M/S/C/U(Neville/Winters) to approve Ordinance, on first reading, TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 12 of 15 amending the hours and days of the use of fireworks, and amending Chapter 9.48 of the Bremerton Municipal Code. 8A - PUBLIC HEARING TO ACCEPT PUBLIC COMMENT8 AND CONSIDER THE RECOMMENDATION OF THE PLANNING COMMISSION REGARDING THE REOUEST FOR REZONE AT 5301 HARLOW AVENUE~ AND ORDINANCE (FIR8T READING) , ~ AB94- 075 The subject property is one vacant lot, about one acre in size, at 5301 Harlow Drive (southwest side of Harlow Drive approximately 300 feet west of Kean Street) . The request is a REZONE of the lot from "Single-Family Residential (SF-3)" to "Industrial General (IG)". The lot is located immediately adjacent to the "IG" zone. This proposal was presented and discussed at the Planning Commission public hearing on March 15, 1994. The City Council is required to make a determination on this request, and if approve, pass an ordinance for the action. President Fits stepped down from this issue due to a conflict of interest. Mr. Dawkins, as CouncilVice President, assumed the role of Council President and asked the "Appearance Of Fairness/Conflict of Interest" statement with the remaining Council members being seated. Shane Jensen, Current Planner, stated a general land use inventory was conducted of the area surrounding the subject property - including both sides of Harlow Drive and along Kean Street/Bruenn Avenue. To the north and west of the subject property are single- family homes, zoned SF-3 in the City limits. The county designation for the area immediately adjacent to City limits is presumed to be R-5MH. The subject property is within 300 feet of the Kean Street intersection. Uses to the northeast, east and south of the property include industrial warehouse and auto sales uses typical of the Auto Center Way area. The ownerof the subject property also owns an adjoining piece of property that is already zoned IG, which he desires to incorporate along with the subject site into some kind of development that is more in keeping with the general Auto Center way area. Most importantly in consideration of whether a rezone should be approved is if the proposal is consistent with the Comprehensive Plan. The designation for the site is Industrial Business Park and the IG Zone is one of two or three different zones that is industrial in nature and works to enact the policy of the Comprehensive Plan. The applicant's desire to bring this property into conformance with the Comprehensive Plan is the reason for the requested fezone. TAPE #1191 City Council Reg. Mtg. Minutes April 13, 1994 Page 13 of 15 The subject lot is 41,818 square feet in size, has approximately 210 feet of frontage on Harlow Drive and is sloping upward from east to west. The difference in elevation from high side (west) to low side is about 30 feet. The parcel is vacant and undeveloped at the present time. Included in the documentation is a list of uses allowed in the current zoning on the site as SF-3 and uses allowed under the new proposed zone of Industrial General. At the maximum density of one unit per 4,800 square feet it would be possible to put nine single family structures on this parcel, not counting any land that may be needed for access or streets. This zone is primarily residential and does allow a few other types of uses with a Special Use Permit for such things as boarding/room houses, group residential facilities, public playgrounds, private recreational facilities, churches, libraries and police and fire facilities. the IG zone allows uses that are primarily many kinds of construction, repair, manufacturing, sales, etc. At this time, only a Rezone is being considered and any project that may come as a result of the zoning change would be subject to the site plan review where issues such as buffering to the neighborhoods, landscaping, infrastructure improvements such as curbs, gutters, sidewalks, stormwater runoff and other building considerations would be addressed. The requested rezone is consistent with the Comprehensive Plan. The rezone needs to show that it is necessary because of one, two or three things: (a) markedly changed conditions in the immediate vicinity that require a rezone in the public interest; (b) a need to correct an inappropriate zoning classification or boundary; or (c) a need to replace or remove an overlay zone..l In this case, there is no overlay zone and no obviously incorrect zoning classification. However, bringing the property into consistency with the Comprehensive Plan is enough justification to rezone this site 'especially in light of the fact that the adjoining area is an entirely industrial area. The rezone would not result in adverse environmental consequences. The SEPA Checklist that was submitted was issued a Determination Of Nonsignificance (DNS), based on the fezone possibility only. Any project specifics that would come along are subject to their own environmental regulations. The next two fezone criteria deal with the relation to the public interest and whether or not public facilities and services are available. The best advantage of this site is the availability of all urban utilities and services. It also supports the policies of acquiring additional industrial land for use in the City, discouraging sprawl into other areas outside the City limits. The City would benefit from additional tax revenue generated by industrial uses on the site and would help add industrial lands that are necessary to promote economic diversification. TAPE #1192 #0126 TAPE #1192 City Council Reg. Mtg. Minutes April 13, 1994 Page 14 of 15 In the discussion at the Planning Commission, it was felt that it was an approvable idea and the Planning Commission voted unanimously to recommend approval to the City Council. Gil Johnson, Deputy City Clerk, read the following letter into the record from Betty C. Vaughan, P.O.Box 4342, Bremerton: Having been a property owner on this area for over thirty-five years I have observed the increase of industrial zoning in this area. I do object to the rezoning of the property listed as 5301 Harlow Drive. That would be a very stressful thing on the adjoining property owners as there are many private residences adjoining this area. I feel that the boundary line for Industrial General should bekept to Kean and Bruenn Streets and not allowed to invade the Herlow Drive Hill which has always been a very pleasant community area. Thank you for your attention to this objection. Please put on file after you share it with those in attendance. Mr. Colvin questioned the location of residential properties in relationship to the subject site? Mr. Jensen pointed out Mrs. Vaughn's property is located across the street from the subject site. C. D. Montgome~7, Bremerton resident, stated he supported the requested rezone due to it being consistent with future plans for that area and he did not feel it would be encroaching on Mrs. Vaughn's property. Mr. Law stated having looked at the property he felt that "rustic" was a kind word to describe the current condition of the property and did not see the industrial use as a deterrent use for other properties values. M/S/C/U(Huff-Menees/Colvin) to follow the Planning Commission's recommendation and approve the rezone; and approve Ordinance (first reading) Amending the Official Zoning Map of the City of Bremerton for property located on the southwest side of Harlow Drive approximately 300 feet west of Kean Street in the Auto Center Way area of West Bremerton. TAPE #1192 City Council'Reg. Mtg. Minutes April 13, 1994 Page 15 of 15 With no further business meeting adjourned at 7:30 P.M. KATHLEEN L. McC~~Y, City Clerk EILEEN FITZ, ident City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault