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HomeMy WebLinkAbout02/17/93CITY COUNCIL MEETING MINUTES #0031 FEBRUARY 17, 1993 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, February 17, 1993, at 5:30 p.m., with Council President Eileen Fitz presiding. Council members present: Lon Overson, Richard Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin, and Russ Johnson. 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 Councilman A1 Colvin. President Fitz announced Council will hold an Executive Session on "potential litigation" immediately following the Council meeting. CONSENT AGENDA A. Minutes of Meeting - February 3, 1993, #AB93-029 M/S/C/U(Waibel/Dawkins) presented. to approve Consent Agenda as CLAIMS/WARRANT REGISTERS - NONE COUNCIL MEMBER REPORTS Mr. Colvin thanked Councilman Johnson for inviting the Bremerton Cable Access crew and Committee members to make a presentation at the Council Coalition Dinner meeting, which was held February 16. He noted Carol Dickinson, Development Manager, gave a very informative report to the Bremerton Central Lions Club during their luncheon meeting today. He reminded everyone of Council District #1 Neighborhood Coalition meeting on February 25. Mr. Collins extended a "Happy Anniversary" to his wife of 38 years and feels very happy that she has shared those many years with him. Mr. Overson thanked Russ Johnson and Gil Johnson for their part in bringing a very enjoyable program at the Council Ii 1i TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 2 of 28 Coalition Dinner meeting on Tuesday evening. He hoped the Council Coalition meetings will continue because they are of such value. Mr. Meville thanked Mrs. Joann Benjamine for inviting him to their Neighborhood Block Watch, as well as her volunteering to be the Block Watch Chairman for that neighborhood. He welcomed and introduced Patrick Hirsch, the new Bremerton Community Access Program Director. Patrick Hirsch stated he finds Bremerton to be a lovely city and looks forward to his stay here. He was looking forward to meeting the rest of the Council members that he did not have the pleasure to meet on February 16. President Fitz reported the program presented at the Council Coalition Dinner meeting was excellent, as was the discussion of legislative issues with other Council members from other cities in Kitsap County. She emphasized that Bremerton is the only City in Kitsap County that televises regular Council meetings for public viewing, providing a way to involve the public in governmental issues. She also commended the Olympic College Food Service Department for the wonderful dinner they prepared for the Council Coalition group. PUBLIC RECOGNITION Mayor Louis Mentor announced on Friday, March 26, a fund raising event will be held for Pendergast Regional Park. This event will be held at the Sheridan Park Recreational Center from 9:00 AM - 5:00 PM. Donations of used items are being solicited for this event and tables will be made available for anyone wishing to rent space and sell items at that event. Additional information may be obtained by calling the Parks Department 478-5305. Mayor Mentor reported recent DWI Task Force statistics reflecting the following: DWI injuries in the City of Bremerton have been reduced by 30% in 1992. There was an 8.6% drop overall in DWI collisions in the past year. He believed that reduction was a culmination of all kinds of activities...emphasis patrols, DWI Task Force, public education, D.A.R.E programs, etc. This past weekend the Mayor attended a fashion show in downtown Bremerton at Maryann Harris's Yesterdays, which brought more people downtown. This event was put on by Cuvertino's Intimate Apparel, which is also a downtown business. On February 11, Mayor Mentor testified, before a Senate TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 3 of 28 Committee in Olympia, on proposed legislation relating to underwater parks in the State of Washington. He participated in this hearing as a result of numerous reports given to the City by Don Larson, President of the Washington Scuba Alliance. It appears that there is no Senate opposition to the proposed bill, which would provide for underwater parks in the State of Washington under the Department of Parks and Recreation. He believed such a park would be an asset for the City and hoped the proposed legislation carries on through and is adopted. Many members of the "diving" community testified in support of this proposal. He also attended the "Chamber Day" luncheon with State Legislators that same day. He noted all nine Kitsap County State Legislators attended that luncheon as well. Jim 8trait, 6530 Harlow Drive, President of Kitsap Lake Neighborhood Association, thanked the City Council for the sympathy card he received in the loss of his wife. He expressed concern over the lack of enforcement and removal of signs (real estate, election, etc.) on City right-of-ways. He cited such violations can be seen on Austin Drive, City information signs, at the entrance of NAD Park, light poles/telephone poles, etc. He realizes there are other issues that need attention, but he questioned why does the City have to look like a junk yard of signs. Don Larson, 135 Rainier Avenue, President of the Washington Scuba Alliance Association, stated as Mayor Mentor mentioned a hearing was held for Senate Bill 5332 for underwater parks in Olympia. He was pleased to report that the overall reaction at the Ecology and Parks Committee was very positive. Bremerton was very well represented at that hearing, including several directors from Washington Scuba Alliance Association, Bill Jones of Puget Sound Dive Enterprises, Gordon Bradley, owner of Star Fire Charters of San Juan Islands, and Mayor Mentor of the City of Bremerton. He noted one problem with Senate Bill 5332 is that the State does not have adequate funds to fund it. The Washington Scuba Alliance Association has volunteered to help the State and cities do something in the way of establishing underwater parks. He cited the City of Edmonds as an example of such a cooperative effort, which has turned into a great economic asset. If state funds are attached to the Senate Bill, he believed it would kill the bill. Therefore, an amendment to that Bill is to be proposed so the State Parks Department does not have to do anything until they choose to do it. Also, attempt will be made to get another Senate Bill passed that will allow non-profit agencies to hold fund raising events on State Parks' land in order to raise funds for Parks projects. Mr. Larson announced on TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 4 of 28 February 25 the Boeing Scuba Diving Club/Kent will be hosting J. Streigth, president of the Artificial Reef Society of Canada at their club's meeting. The public is invited to this meeting, which will be held at the Boeing/Kent Activity Center (Bld. 7226 off of South 228th Street in Kent). He reminded everyone that the Department of Ecology will be having a "Countdown To Earth Day" for the month of April. The Washington Scuba Alliance Association and Kitsap Diving Association will hold a clean up drive at the First Street Dock in downtown Bremerton on April 24. Advance information on the "Countdown To Earth Day" may be obtained by calling 1- 800-RECYCLE or Northwest Regional Offices of the Department of Ecology (Sheila Hosner) 649-7250. Lastly, Mr. Larson handed out a list of people/businesses who assisted in sinking the H.M.C.S. Chaudiere at Sechelt, B.C. Harry Godwin, 1216 NE Vena, stated he realizes he lives outside the City of Bremerton, but he wished to address Council in regards to a Resolution that will be coming to Council from the City's Planning Commission in the future. President Fitz requested the City Attorney asses whether or not Mr. Godwin could speak to the City Council on a Resolution that will be brought before the City Council at a later date. Ian Sievers, City Attorney, stated if that item is going to be before Council it would be better to not address it a part from the public hearing. If that item does not require that it be heard by Council, then he could do so at this time. Mr. Godwin stated it was his belief that the Resolution would be brought before Council in the future. Basically, he wished to complain about how the Planning Commission does business. Mr. Johnson stated if Mr. Godwin did not get into specifics of a particular case then Council could hear it. Mr. Colvin stated he wanted Mr. Godwin to speak to the Council because it was getting into the issue of "free speech". Mr. Sievers stated if Mr. Godwin could isolate the merits of a particular action from procedures then he could address Council. Mr. Godwin stated he attended the Planning Commission Study Session held February 16, in the City Council Chambers. At about 9:15 PM, that Study Session was closed and the Planning Commission moved onto "Old Business", and the public was dismissed from the Council Chambers. He happened to stay, following a five minute recess taken by the Commission, who then returned and took a vote on the subject that was discussed during their Study Session and passed it 7-0 in favor under "Old Business" and after the public had left the City Council Chambers. Shortly before speaking at this City Council meeting, he received a note (signed by a Planning Commission member) stating that the Planning Commission has TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 5 of 28 reconsidered and will hear that same issue again at their March 16 Planning Commission meeting. Also, this particular item, as required, was not advertised in The Sun under "Notices". The only public notice given on that issue was by a news article, written by Travis Baker, published in the Monday, February 15, issue of The Sun, which was a holiday and one day before the Planning Commission meeting. He found this situation to be very incorrect. He noted there seemed to be a lack of pamphlets to hand out when there were as many as 50 people in the audience for that February 16 meeting. At the beginning of that meeting only four packets were available for public viewing, however, later in the evening 20 additional copies were passed out. He is still deeply concerned that the vote was taken so far out of order. His point in bringing this issue before the City Council is to review the Planning Commission's procedures in dealing with the public. Mrs. Horton requested that if this issue does come before Council, the City Attorney is to make sure that procedurally everything that the Planning Commission has done is such that it would not negate Council action at that future time. Mayor Mentor stated in answering Mr. Straits questions he agreed there are lots of signs on City right-of-way. Signs are a particular problem during elections and other kinds of illegal use, such as parking, goes on. The City can't police all of these things but they do try to respond to specific complaints. He noted written complaints would be nice. 6A - TRAFFIC 8IGNAL CONTRACT WITH KITSAP COUNTY, #AB93-030 The existing contract is now expired, and a new signed contract with Kitsap County for Traffic Signal work needs to be obtained. Bob Tulp, Electronics Foreman, explained the City has provided the County maintenance for traffic signals since the conception of their system. Currently, the County has 22 intersections and the contract is based on "perintersection". He noted the contract could grow as well as decrease...in 1992 the County lost three intersections to the State DOT road changes and it is his understanding that two new intersections will be added in 1993. The contract amounts to approximately $35,000 per year. Kitsap County has entertained the thought many times of doing their own maintenance, however, they have not taken necessary steps to take on that work. The contract would not increase Electronic's work load and does not mandate that they anything else but provide the labor. Mrs. Horton pointed out this contract does include an automatic CPI increase, which the previous agreement did not #0932 #1007 TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 6 of 28 have. Mr. Tulp stated that was correct and they will adjust the contract on a yearly basis. Public comment - none. M/S/C/U(Waibel/Dawkins) motion to approve and pass new contract. 6B - PROBATION BUDGET ADJUSTMENT, #AB93-031 Due to the possibility of contracting out probation services, the *function was funded only through 3/31/93. After a thorough review by the court of alternative methods of service delivery, it is recommended that the function be continued in- house. This budget adjustment is for the remaining months of the year in the amount of $57,765. Revenue from probation fees has been raised a like amount. Public comment - none. Mr. Waibel stated this issue was studied and resulted in what he felt, at the time of the budget process, would best serve the City by retaining those services in-house. Mr. Johnson questioned the funding allocation for Probation personnel? Mr. Neville pointed out the adjusted funding covered 3/4 of a year. Mr. johnson questioned if the numbers in the budget adjustment reflected the increased bodies? Mr. Waibel stated it came out to less than what was budgeted in 1992, but matched the number of employees during that period. M/S/C/U(Waibel/Colvin) motion to approve budget adjustment. 6C - FISHPRO SECOND AMENDED PROFESSIONAL SERVICES CONTRACT -- OVERWATER PARK HABITAT MITIGATION, #AB93-032 The original contract for evaluating a mitigation project for the overwater park was executed with Fishpro on May 27, 1992 for $68,863.00 and included site surveys, agency meetings, and permit submittal. The contract was amended by an increase of $10,000.00 in January to allow a redesign of the mitigation project to allow on-site mitigation adjacent to the north arm of the boardwalk. The proposed second amendment for $4,250.00 allows: (1) sampling of a control beach and writing grain size specifications for construction of the mitigation beach; and (2) construction observation and consultation during installation of the mitigation beach materials (assuming the project is approved). A final amendment will be submitted at a later date to cover fees for biological monitoring once the mitigation project and TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 7 of 28 monitoring plans are approved by the agencies. Ian Sievers, City Attorney, stated the City has been considering any amendments or change orders to the mitigation project as requiring Council approval even though they are small since it is considered as part of the boardwalk project, which is over Council authorized change order limits that can be made administratively. This change has two parts: (1) change order is required because of negotiations with Fisheries. FishPro did develop a redesign of the project on site for the first change order of $10,000, but Fisheries rather than accept a designed grain size for the mitigation beach required a duplication of the composite of a control beach, so sampling had to be made on that beach and specifications written for the Quigg Brothers contract. Point (2) is for services during construction and, similar to the Quigg change order that was approved a couple weeks ago, will not be used if the City does not get Corps and Fisheries OK. Public comment - none. Mr. Johnson pointed out that the money had already been spent without authorization. Secondly, he believed the City was going down the path of spending money to prepare for a project that we have no assurance whatsoever the Corps of Engineers will approve. He stressed that the City had gone forward with reasonable projects before and for no apparent reason the Corps rejected them. He will not vote for any more funding until something is received that is signed off by the Corps of Engineers, Department of Fisheries and all other affected agencies. He will support additional funding requests at the point when this type of documentation is provided the City. He emphasized the City does not have money to waste and the little money we have should be put into doing proper mitigation and taking care of the environment and not spending it all on construction planning and studies. Mr. Colvin questioned what would be the impact if Council did not approve this item? Mr. Sievers stated in reference to the $1,250 amount, it was his understanding that FishPro did do the sampling and then wrote up the specs. The Administration has been moving so quickly with Fisheries' amendment to the City's design that they we try to get to Council as soon as possible. He assumed the City would not have an obligation to pay FishPro for that effort because they are also aware that they are beyond their second change order, but they apparently performed the work. Mayor Mentor explained last week, as they were putting this final thing together for the Corps of Engineers, the Corps told FishPro they needed samples. TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 8 of 28 Originally, the intent was to do a beach of a certain grain, however, comments came back from other involved governmental agencies that they wanted the same grain on the new beach as was on the original beach, which necessitated taking samples. FishPro indicated the only time within the next 2-3 months to obtain samples was 10:00 P.M. that Friday night - at a cost of $1,250.00. The City didn't have a lot of choices - if the samples had not been taken that night, then this whole project would go past the March 15 and June 15 deadlines. The other designated funds would be for future work that FishPro would provide that will not be done unless the approval is given by the Corps of Army Engineers. That condition is the same as that stipulated in the Quigg Brothers contract for construction. Mr. Colvin questioned if the City had delayed the project further, would it be more costly to the City? Mayor Mentor stated that was conceivable. The City is under a timeline and he is hopeful that everyone will agree to the proposal. If negotiations go on for 3-4 more months, there is no telling what new things could come up. Mr. Johnson questioned what was so special about the samples that were taken and why couldn't someone who is a diver, such as Mr. Larson, do it at anytime? Mayor Mentor stated it was his understanding that a specific grain size was required and specific areas designated for the sampling. Then, in the future, when the actual mitigation is done more samples will be taken. Every time sampling is taken from a "controlled" area all future samples must be obtained within that same area. It was his understanding that a scientist was needed to determine the content of the sampling. Mr. Collins stated we got ourselves into a difficult position because we originally did not take seriously the people that have the actual control over our destiny...the control we don't have. He believed the City needed to continue in a proactive role. He also believed there was justification for the Mayor spending the $1,250.00 prior to Council approval and no additional funds will be expended unless the mitigation is constructed. At this point, the City does not know if the Corps will even allow the City to construct the proposed mitigation project to the scope it has been designed. He felt the Corps was doing a lot of "pulling our chain" even though it was the City's fault in being put in that position in the first place. He urged Council to approve the funding so those funds could be set aside. Mr. Waibel stated he believed if the sampling had been done by an oceanographer, it could have cost 4-5 times more. He felt it was better to spend a little money now rather than spend a lot later, if in fact this is the project to be construction. TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 9 of 28 He questioned if the Mayor had any idea when the City will receive a final sign off by the authorities. Mayor Mentor explained the final time for comment is passed and currently he is waiting on Fisheries to respond to the proposal that was sent in and a respond from the Corps of Engineers stating the proposal is acceptable. He noted a question was brought up by National Fisheries, which was answered by FishPro. He is expecting some word from the Corps by the end of this week. The Corps is aware of the March 15 deadline for being able to work in the water and the Department of Fisheries indicated that date might be extended by a little bit. He believes that everyone involved in this issue is anxious to get the project underway. Mr. Waibel noted if the City receives that approval, there will be only 30 days to do the majority of work, so that is the reason for having the proposed contract in place. Mayor Mentor stated if the City does not receive the Permit from the Corps, the contract with Quigg Brothers and FishPro will be null and void. Mr. Waibel questioned if Council approved this agreement could the $1,250.00 also be contingent upon that approval...thereby letting FishPro be the ones who gambled on that particular item? Ian Sievers stated such action could be taken if Council so desired. Mr. Waibel pointed out if the project gets the go ahead then FishPro will receive their funds, but if it does not, then they took a gamble. Mr. Sievers stressed the administration has been stringent in negotiating with FishPro. If the City feels FishPro's fees are unreasonable, there is time to go out and solicit other offers. Mrs. Hotton questioned when the City receives the final go ahead from the Corps will that include what they expect the City to do as far as monitoring? Mr. 81evers stated yes, and he would ask Council's indulgence in bringing the consultant contract directly to Council thereby avoiding Council Committees. He believes he could distribute what the monitoring plan is so that Council could become familiar with what the City is proposing so that they will know what the total price for the mitigation project is...construction, consultants and monitoring phase. Mrs. Hotton questioned if FishPro iS fairly certain they will get the results that we are looking for with this mitigation? Mr. Sievers stated yes, they have expressed a high degree of confidence in success of the project. #1880 M/S/C(Horton/Waibel) to approve the second amended Professional Services Agreement predicted upon approval of the Army Corps of Engineers and that all design work, permit fees, construction costs and future monitoring costs are to be no greater than the budget allotment of $480,000 that was TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 10 of 28 previously budgeted. And, that the City Council receives a copy of the Army Corps approval; and no part of this agreement will be implemented unless that approval is given. Mr. Overson stated for clarification that once the City receives an agreement from the Corps of Engineers everything takes off irrespective of what that agreement is. Mrs. Hotton stated no, the agreement has to say that the dollar cost of construction and future monitoring will not exceed the funds budgeted. Mr. Overson stated that made him nervous because that was essentially what got the City into trouble in the beginning. Mr. Johnson stated at some point the project should come back to Council for approval. Mr. Overson stressed there is no language that states that requirement. Mrs. Hotton stated the Army Corps of Engineers will be monitoring the end product so they would essentially be Council's check and balance for the project. Mr. Waibel pointed out Council was not approving a construction contract, but only the engineering contract that can go forward. He agreed that Council should see the construction plan for the construction project. Mrs. Hotton questioned is the Army Corps approval what she is asking for ... the construction project they are approving so that the Council can see that document? Mr. Slevers stated he did not know if they will want more detail other than what Council has seen. If the Corps wants more detail, then of course Council would be provided that information. The one thing Council has not seen and which he will distribute on February 18, is the monitoring program that the City is proposing. Again, all the different pieces of construction and monitoring have to be within budget, per the motion. Mr. Overson pointed out the second paragraph under #1,..."consultant will provide biological consulting to the City's project engineer during construction of the mitigation beach". Mr. Overson did not know, at this time, who has been named as the project engineer for this project. He questioned why are we setting this up for construction when we don't know what is to be constructed and everyone is assuming it will come back before Council? He did not understand why this was being presented piecemeal rather than being presented a final package to forward and get the job done. Mayor Mentor stated he thought everyone was trying to get the mitigation completed and in the best way possible. The problem is that the City is up against deadlines. Mr. Overson stated it was his understanding that the City had met its deadlines. Mayor Mentor explained the City did make a deadline by making a submission of the proposal. The next deadline is to have the work done by March 15. Mr. Overson questioned is someone else missing a deadline right now? Mayor Mentor stated the Corps is going to have to either TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 11 of 28 reject or agree to the City's proposal. He emphasized the Corps will extend a few days for their missing the deadline on the other end for the City. He emphasized the need to not take two weeks for everything that happens to process through Council and that was why the construction contract was processed ahead of time. No funds will be spent if the Corps does not issue the permit. Mr. Sievers stated for clarification that the City does have a contract for construction with Quigg Brothers, which included a site diagram, elevations and cross sections. If the Corps does not approve that project, then Council will be presented something else. Mr. Overson questioned when the samples were taken? Mayor Mentor stated samples were taken at 10:00 P.M. on February 12. Mr. Overson stated then it only took from Friday to this date to get the information before Council. He felt that was a quick turnaround. He stated he would be willing to wait until something is received from the Corps of Engineers stating "this is the project" and have that brought to Council for approval all at once. Ian Sievers explained this Agenda Bill was submitted to Council on Thursday, February 11, but the figures were excluded until today. Mr. Overson emphasized he preferred to see the final project before giving approval. Mayor Mentor stated he also would rather see the final project. Vote on motion: In Favor: Waibel, Collins, Dawkins, Colvin, Neville, Horton, Fitz, Motion carried. Opposed: Russ Johnson, Overson #2229 M/S/C/U(Johnson/Overson) that at the first City Council meeting following any approval by the Corps Of Engineers the Mayor and his staff be directed to provide a total presentation of the project, including the construction phase, monitoring phase and everything else that goes with it, so that it is on the record. Mr. Collins questioned if the intent of Mr. Johnson's motion was to have that item on the Agenda as an Information Item and not one requiring action? Mr. Gil Johnson stated that was his understanding of the motion. 6D - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTONAND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 CHIEF OFFICERS 1993, #AB93-033 The attached Labor Agreement between the City and the International Association of Fire Fighters Local 437 Chief Officers has been negotiated in conformance with Council TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 12 of 28 direction and covers a one-year period beginning January 1, 1993 and ending December 31, 1993. Changes to the existing agreement are as follows: PREAMBLE ARTICLE 1. ARTICLE 2. ARTICLE 3. ARTICLE 4. ARTICLE 5. ARTICLE 6. ARTICLE 7. ARTICLE 8. ARTICLE 9. ARTICLE 10. ARTICLE 11. ARTICLE 12. ARTICLE 13. ARTICLE 14. ARTICLE 15. ARTICLE 16. ARTICLE 17. ARTICLE 18. ARTICLE 19. APPENDIX A. NON-DISCRIMINATION RECOGNITION UNION DUES UNION ACCESS WAGES HOURS OF WORK VACATION LEAVE HOLIDAYS SICK LEAVE & INDUSTRIAL DISABILITY OTHER LEAVE RETIREMENT BENEFITS INSURANCE BENEFITS CLOTHING & UNIFORM CLEANING ALLOWANCE PERSONNEL PRACTICES GRIEVANCE PROCEDURE SEVERABILITY ENTIRE AGREEMENT CONFLICTING PROVISIONS No Change No Change No Change No Change No Change 3.65% January 1, 1993 No Change No Change No Change No Change No Change No Change Same Plans andPremium Payments as in 1992 No Change No Change No Change No Change No Change No Change TERM January 1, 1993 - December 31, 1993 WAGE RATES (See ARTICLE 5) Caroline Marshall, Personnel Director, stated the changes made to the existing Labor Agreement apply to a very small unit - covering two positions. Changes are as follows: (1) date of the agreement which will provide for a one year agreement during calendar year 1993; (2) salary adjustment of 3.5%, effective January 1, 1993. Some figures, like health insurance were updated from 1992 to 1993 figures, but that stayed at the same arrangement as that in 1992. Mr. Colvin questioned how much did the change represent over what is currently being paid out in this unit? Ms. Marshall stated that would amount to approximately $2,000 annually for each of the two positions. Public comment - none. #2444 M/S/C(Collins/Colvin) to approve the Labor Agreement by and between the City of Bremerton and the International Association of Fire Fighters Local 437 Chief Officers for the period January 1, 1993 through December 31, 1993. i TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 13 of 28 Vote on motion: In Favor: Motion carried. Abstain: Overson, Neville, Horton, Fitz, Collins, Dawkins, Colvin, Johnson Waibel 6E - CONFIRMATION APPOINTMENT OFRANDY WITT TO THE POSITION OF CITY ENGINEER, #AB93-034 Recruitment of candidates for the position of City Engineer was conducted in December and January. Thirty three applications were received and six of those were invited for personal interview on February 5. Candidates were evaluated by a panel consisting of: Jack Pittis, Public Works Director for Port Angeles, Jack Randall, Cascade Natural Gas, Captain David Walsh, PSNS Public Works, Donald Pratt, Director Of Community Development, Bremerton, Gene Sampley, Consultant with R.W. Beck and Associates. The panel felt that Mr. Witt would make an excellent selection to fill the vacant position. Mr. Witt is a graduate of Oregon State University with two degrees: one in Civil Engineering and one in Forest Engineering. He has worked as a professional Civil Engineer for ten years - with the State of California Department Of Transportation for two years and with the City of Sacramento for eight years. He comes to Bremerton from a Senior Civil Engineering position with Sacramento, which has provided him with supervisory, engineering project management and project budgeting experience. Mayor Louis Mentor briefly reviewed the application and interview process used for filling this position. He noted Mr. Witt is from the northwest and currently working for the City of Sacramento, California, and comes with lots of experience in transportation, water and wastewater engineering. Mr. Witt also has managerial experience. He urged Council to confirm the appoint of Randy Witt as City Engineer for the City of Bremerton. Mr. Overson pointed out there was only one individual from the City of Bremerton and no Council member on the interview panel. Mayor Mentor stated it was not normal practice to include a City Council member in the interview process because Council must confirmthe appointment. Mr. Overson stated from past experience that was not always the case. Mayor Mentor emphasized that a Council member had never served on interview panels for any positions that he has filled during his term of office. He purposely selected people for the interview panel for their expertise and familiarity with qualities required for a City Engineer. TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 14 of 28 Mr. Collins stated he found nothing in the position description that stated this person would be exempt from Civil Service or the Fair Labor Standards Act. Caroline Marshall, Personnel Director, stated when the recruitment brochure is developed she includes that information so that the affirmative action information goes out to all applicants. Also, those conditions are reflected in the Professional Services Agreement or Employment Contract. Mr. Collins questioned if what he was referencing was not a position description? Ms. Marshall explained it was the position description, however, that information is included on the back of the recruitment brochure. Mr. Collins stressed his belief that information should be included in the position description because the position description is what the performance evaluation is based on. Ms. Marshall stated that information is available and she could publish it as "Page 3" of the position description. She assured Mr. Collins that all applicants did receive that information prior to their submitting their application. Public comment - none. Mr. Johnson stated he found Mr. Witt's job experience with the Department Of Transportation and Dr. Reynolds to be rather limited in scope. And, that past experience did not include him being in charge of the "whole show". He did note that Mr. Witt had been out of college for 10 years and his forestry background would be helpful to the City. Mr. Collins did bring up an excellent point and be believed that Council had not approved the job description provided. Council has been anticipating the Personnel Director bringing forward a small number of job descriptions for Council approval. Mr. Colvin questioned what is Mr. Witt's proposed annual salary? Mayor Mentor stated the salary would amount to approximately $54,000 per year. #2947 M/S/C/U(Waibel/Horton) to confirm the appointment of Randy witt to the position of City Engineer and authorize the Mayor to execute the Employment contract. 7A - ORDINANCE NO. 40405 (SECOND READING) REGULATING FARMERS MARKET VENDORS ON THE CITY BOARDWALK AND APPROVING THE FARMS MARKET AGREEMENT, #AB93-027 Paula Johnston, License Inspector, stated the ordinance has been amended to reflect Council's action on February 10: Section 5.30.080 now reads: "The sale and consumption of alcoholic beverages is prohibited on the boardwalk". TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 15 of 28 Mr. Colvin noted the ordinance stipulates that 75% of the total vendors must sell home-grown or home produced fruits, vegetables, berries, butter, eggs, milk, poultry or any farm produce or edibles, or any meats or fish. He questioned what would the remaining 25% of vendors sell? Ms. Johnston explained the other 25% membership is at the discretion of the Farmers Market Association and the products do not have to be home made products. Public comment - none. Mrs. Hotton stated last week in her motion it was modified to prohibit sale and consumption of alcoholic beverages, however, in Section 5.30.045(c) she inadvertently failed to remove the liquor liability portion. At that time she thought the statement was in the contract and not in the ordinance. #3104 M/S/C(Horton/Johnson) moved to pass Ordinance #4405, on second reading, amending the ordinance under Section 5.30.045(c) to read: "The certificate shall evidence coverage of at least $1,000,000 per occurrence and shall include products liability (deleting and/or liquor liability coverage) of sale or distribution of edible projects (deleting or alcoholic beverages is involved) .... ". Vote on motion: Motion carried. In Favor: Opposed: Johnson, Overson, Horton, Dawkins, Colvin, Fitz Neville, Waibel, Collins 8A - PUBLIC HEARING - TO ACCEPT PUBLIC COMMENT AND CONSIDER THE RECOMMENDATION OF THE PLANNING COMMISSION REGARDING REOUEST8 FOR REZONEANDSTREET VACATION AT 1701 SHERIDANROAD, APPLICANT: RAS PROPERTY MANAGEMENT; AND APPROVING ORDINANCE (FIRST READING), #AB93-035 The subject property is one lot at 1701 Sheridan Road (south side of Sheridan between Walnut and Shley). The applicant requests a Rezone of the lot from "Duplex Residential (DR)" to "Mixed Residential (MR)". The lot is located immediately adjacent to the "MR" zone. The applicant also requests a Street Vacation of 2,811 square feet (a 20' x 140.5' portion) of the Sheridan Road right-of- way immediately north of the subject property. The proposals were presented and discussed at the Planning Commission public hearing on January 19, 1993. The City Council is required to make determinations on each of these requests, and if approved, pass an ordinance for each action. TAPE #1089 City Council Reg. Mtg. Minutes February 17, 1993 Page 16 of 28 TAPE #1090 Shane Jensen, Planner, provided slides showing the location of the subject property and surrounding uses. He pointed out that a house and detached garage are on the site. He also pointed out elevations of the residential neighborhood below the property and the Kona VillageApartments located above the site. Existing improvements in the area include only a sidewalk running from Walnut Street to in front of the subject property. There are no curbs or gutters and the right-of-way is unimproved from the edge of the sidewalk to the street. The subject site is approximately 0.41 acres. From two conflicting sources he has the following dimensions: (1) plat map- 17,371 sq. ft.; (2) Assessors Record - 17,860 sq. ft, which would make the difference of about one dwelling unit if the rezone is approved. A general land use inventory was conducted of the area surrounding the subject property including both sides of Sheridan Road and along Walnut Street to Schley Boulevard. The surrounding area consists of a mixture of residential types and densities from older single family homes and duplexes, medium density multi-family apartments and a large apartment complex (high density and zoned MR) immediately adjacent to the east of the subject property. The subject property is within 1/3 mile of the Perry Avenue Mall and 1/2 mile to the Wheaton Way business district. Both areas provide many commercial and personal services as well as places of possible employment. One of the reasons for this rezone, is in consideration of the current Comprehensive Plan Designation - Residential 15-30 dwelling units per acre. Current zoning of the site is Duplex Residential (DR), which allow approximately 9 units per acre. Part of the application's intent is to bring the subject property into conformance with the Comprehensive Plan. Mr. Jensen pointed out the area east of Cherry Avenue down past Schley Boulevard is included in this designations. The sites north of Sheridan Road area are in lower density residential designations. He emphasized zoning follows the Comprehensive Plan and the zoning of this site is DR and the proposal is to rezone the property to the Mixed Residential (MR) high density development, which would be an expansion of the MR zone that abuts to the east. Current zoning allows single family duplex structures only regardless of the lot size, and no structures more dense than 2 units would be allowed on the subject property. TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 17 of 28 The applicant is requesting a high density designation which would allow multi-family units in structures of three units or more on a minimum lot size of 9,600 sq. ft. This zoning designation would be in compliance with the Comprehensive Plan. With the MR's density allowance, which is one unit per every 1,000 sq. ft., it is possible to put 17-18 units on the subject site, if rezoned. Adding in property proposed to be vacated from the right-of-way would up the allowable units to perhaps 20-21. The City's current Zoning Ordinance requires off-street parking, setbacks, landscaping, and other development features that would tend to limit multi-family developments to somewhat fewer than the maximum number of dwellings, especially on a smaller property such as this. The Zoning Ordinance is also sensitive to off-street parking, setbacks,landscaping and other features that are used to screen more intense and high dense residential units from less dense residential areas. These types of development features would be worked out through a site plan review, which would take place following public notification. A written comment period exists after a notice of application and then when a decision is made there is also an appeal period. This process would be taken care of prior to any issuance of a Building Permit. The proposed rezone application does meet rezone criteria as follows: Criteria #1 the rezone is substantively consistent with the Comprehensive Plan. To rezone the site to MRwould bring the property in compliance with the Comprehensive Plan's high density residential designation. And, the objective of the proposal is to provide more high density residential units as called for in the plan. Criteria #2 - the rezone is necessary because of (a) markedly changed conditions in the immediate vicinity that require a rezone in the public interest. Criteria (a) best fits this case because the current zoning is low density residential and does not support the Comprehensive Plan. And, there is a demonstrated need for higher density residential that is affordable, close to work centers, and areas that need redevelopment are shown to justify change to come into compliance with the Comprehensive Plan. Criteria #4 - the rezone bears a substantial relation to the public interest or welfare because there is a public need for a change of this kind and the public need will be best served by this rezone. This is probably the greatest reason for approving this rezone. Currently, Bremerton has a very low vacancy rate, especially in the more affordable ranges. The City's recently completed "Comprehensive Housing Affordability Strategy (CHAS) recommends increasing the supply of housing available to families at all income levels. This site can provide needed housing at virtually any cost level TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 18 of 28 and in a location that is also in the public interest - - near jobs, shopping, public transit, and located within the City limits, which helps discourage sprawl in other areas. The Planning Commission's recommendation was that the City Council approve the Rezone request, by ordinance, because it satisfied all applicable rezone criteria and because it is particularly suitable to higher density housing. President Fits asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Mr. Oversonquestioned if was best to hear the presentation on both the rezone and street vacation request prior to taking public input? Don Pratt, Director Of Community Development, explained the two issues are integrated in such a manner that it would be difficult to take them separately, however, it will require two separate actions following the discussion. What was presented covered the staff's presentation for the Street Vacation except for a few additional comments. Mr. Jensen explained the area requested for vacation would be 20 ft. x 120.57 ft. portion of Sheridan Road directly abutting the property to the north. He referenced information in the staff report addressing existing conditions. The Engineering Department did comment that they did not have any future plans for expansion of Sheridan Road beyond the needs of a 60 foot right-of-way. And, comments from Long Range Planning asked that the City not give away options for widening walkways and landscaping on this important street. The Planning Commission concluded that because of possible future needs that the request for Street Vacation be denied. David Smith, Applicant - President of RAS Property Management Company, stated he is a resident of the State of California and has been commuting between California and Bremerton for the last 5-6 months and plans to move his family to this area this summer. He is moving permanently to this area in order to find some in-fill projects that make economic sense since the San Diego area is in a serious decline. In an effort to find a project, he approached the Bremerton Planning Department and came up with some concepts, with their input, that sent him on a search for properties and the proposed site is the one he found that seemed to be a possibility to create affordable housing and an appropriate in-fill project. He stressed there are some negative aspects about his proposed project and there is no question, in his mind, that multiple TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 19 of 28 family dwelling projects in single family neighborhoods are going to cause deterioration of that neighborhood. There are other issues that are germane to the reason behind the project and that is simply whether it is better for the overall community to allow more people to live near a medical center/work center and be able to have those economic advantages that can be obtained by living closer. He is uncomfortable building a project within a neighborhood, however, it is next to the Kona Village, which he believes is a mitigating factor. He does not see the proposed project to be a win-win situation with the residential neighborhood. He pointed out members of the group most opposed to his proposal were present in the audience at this meeting. He did approach the leader of that group and suggested they might take his place on the property purchase contract. The owner of the property was amicable to such a situation, however,' the neighborhood people were not interested in that suggestion. In conclusion, as far as the rezone is concerned it gets down to the basic dilemma that is laid out in CHAS and Housing Bremerton, which are the objectives of any community when you have a community that is aging up and wanting to retire there due to an economic necessity in that location. Such a situation is not compatible with the new generation of workers and those individuals who need to live near the medical center or having the opportunity to also live close to their work. Because there is not that much space available, it would appear the only alternative would be to have multiple units. If the benefit of that out weighs the negative aspects of having the potential deterioration of that neighborhood due to having multiple units, he could not argue that the neighborhood would be greatly impacted. In reference to the Street Vacation request, Mr. Smith explained recent development has allowed the 60-foot wide right-of-way, which he believes sets a precedent. He saw no logical path since recent development (a few years ago) has all involved the shrinkage of the 80 foot right-of-way to 60 feet. If the 60 ft. street width in front of the Kona Village and Olympic View School can't be realistically widened to 80 feet, he believed there is a strong argument that keeping his proposed site at 80 feet and diminishing the ability to create appropriate parking for the units on the site is not there to support the Planning Commissions position. Another issue, which was brought forth by the City Utility Department, specifies the need to reroute the water pipes as they head east along Sheridan Road. The Water Utility wants Mr. Smith to put an elbow in at the western edge of the TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 20 of 28 property and reroute the water lines so that it goes northerly and then heads east again along Sheridan Road in the right-of- way and not on the site itself. He questioned the Utility why they wanted that change and they indicated that they did not want the pipe under the parking lot, if the proposal is approved. It is his opinion that putting the pipe in the street or in the parking area with an easement would be nearly the same, however, it be a much greater cost to reroute the water line. He did not see much of an advantage over leaving the pipes where they currently are located. Ida Mae Cooper, 1042 Walnut Avenue, presented a slide presentation that showed the existing residential neighborhood, elevations of properties to the east, west and north sides of the subject site. She emphasized this is not a deteriorating neighborhood as Mr. Smith would lead one to believe. In the past three years 10 of the 20 homes on Walnut Street between Schly Boulevard and Sheridan have put on new roofs, seven have been repainted, four have put on new siding, three have been landscaped, two are planting new landscaping, one more new roof is to be installed within the month and four of the homes have either vinyl or aluminum siding. The only sign of deterioration is the street itself, which has not been paved for 50 years and is not on the current long range plan for paving. The majority of the people living in the affected area have lived in their homes a minimum of 31 years and some go back to the 1957 when the government sold these homes to private residents. She described the impact of the Kona Village on her residential property as well as the general neighborhood. She pointed out that required landscaping/buffer between Kona Village and the residents does not exist, but rather a chain link fence and parking lot for vehicles had extended out into the right-of-way and abutted their back yard fences. She emphasized the negative intrusion by the multi-family use at Kona Village onto their neighborhood and urged Council to not allow any further intrusion as proposed by Mr. Smith through his project. Varying elevations to the west of Kona Village would dictate the need for retention walls so that the residential neighborhood would be protected from further deterioration of their property as well as more intrusion into their liveability on their own property sites. In response to the statement that the commercial area was expanding into the residential area, she named several businesses that are no longer located or open for business in the Perry Avenue Mall. She stressed that several new business had moved into the mall, that fall into second hand/used goods category, which does not fit into aggressive types of TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 21 of 28 businesses that would promote growth and expansion. She also pointed out that the commercial areas near the corner of Perry Avenue and Sheridan Road had a commercial designation for many years and no new commercial area had expanded westward toward the Kona Village. Mrs. Cooper provided slides showing the difficulty of entering onto Sheridan Road from the subject site at a point that would be just below the crest of the hill. This situation, in her opinion, is very dangerous. She emphasized there are accidents currently happening at the intersections of Schley Boulevard and Sheridan Road, and she is waiting to see what happens if high density is exited out onto Sheridan Road. She pointed out a traffic count had not been taken since 1980 with only 6,177 daily trips in both directions. She could not help but wonder what that count would be today. The Kona Village has "entrancing" only from Sheridan Road and "exiting" only onto Schly Boulevard. Mrs. Cooper emphasized she originally did not intend on rehashing past history related to the Kona Village project nor repeat what was discussed at the Planning Commission of January 19, 1993. However, after reading the minutes of that meeting and seeing that her 30 minute discussion was reduced to two sentences verses several paragraphs from Mr. Jensen and Mr. Smith's presentation, she decided that repetition is in the best interest of the residents and the City. This is not a changing area and Kona Village is the only area currently zoned MR. ~ Mrs. Cooper stress that the neighborhood residents have been assured that a site plan for the proposed project would include sidewalks, buffering, parking requirements and children play areas. However, those same residents were informed that variances to all of the above could be granted. She emphasized a case in point - Kona Village - theywere told a 25 ft. greenbelt would be left around the perimeter of the property but what actually developed was the parking lot for that facility. The only area where parking is not permitted for the Kona Village is along her cement bulkhead due to parked vehicles having poked holes through her fence and hung over an 8 ft. drop off. When the residents questioned City Planning Department personnel about the buffering at that time, they indicated they could not enforce that requirement. Now, they question will they hear those same words again if this rezone is approved? In conclusion, Mrs. Cooper noted Mr. Jensen states this property consists of an area .41 of an acre or 17,860 sq. ft. TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 22 of 28 If approved to a MR zone, the lot could possibly yield a maximum density of 18 dwelling units at a density of one unit per 1,000 sq. ft. of land. However, this property is located within the Residential Comprehensive Plan Designation of 15-30 units per acre, which according to her calculations would equal only one unit per 1,452 sq. ft., which would only permit 12 units on this land based in the criteria mentioned above. But, Mr. Smith states he plans to build a 4-story 20/21 unit building on this property. When reviewing the proposed Ordinance, she finds no mention of why this rezone is requested or what will be built on the property. The residents were shown a preliminary site plan for a 16 unit apartment building prior to what was going to be a "City" December meeting. The City Planning Commission's information on this proposal stated 18 units could be built on the site and Mr. Smith continues to state his intent is to build 20/21 units, however, this rezone would automatically permit any of the following: residential over commercial, convalescent center/rest home, beauty salon/barber shop, gymnasium and athletic club and professional offices, which cannot currently reside in the DR zone. When such terms as "likely", "could" and "intend to" and "possible variances can be allowed" are used, they become very cautious and wonder if they are facing another Kona Village situation presented to them. Kona Village and one 12-unit apartment complex just below St. Lukes Methodist Church are the only multifamily units in the area between Schly and Wheaton Way. The neighborhood considers this proposal as a prime case of spot zoning to accommodate an individual party and not in the best interest of the parties identified on the petition that was submitted to the Planning Commission on January 19, 1993. Mrs. Cooper referenced a phone call to Mr. Smith's residence in Chula Vista, California where he indicated he had talked with the subject property owner who indicated she would be willing to sell the site to the residents if they would match Mr. Smith's offer. At that time, she stated to Mr. Smith that she felt that was a form of "blackmail" and Mr. Smith stated he believed Mrs. Froehlich should get the maximum dollar for her property. She emphasized this action is definitely a spot zone to benefit the owner, not the City of Bremerton. Again, Council is requested to deny the rezone and that the area continue as currently zoned. However, if Council insists on approving the rezone request, they insist it be for an apartment complex only with no variances with regard to buffer areas and that the Ordinance so states. In reference to the vacation of Sheridan Road, they are concerned of the present traffic volume and did not want the City to lose access to TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 23 of 28 that portion of the roadway in the event Sheridan Road is ever increased to four-lanes. Gil Johnson, Deputy City Clerk, read into the record a letter from Robert Forst, 1022 Walnut Street, expressing his concern that Donald Pratt, Director Of Community Development, has a biased opinion on the subject rezone request. He became upset over Mr. Pratt's comment to him that "if he didn't like his approving the subject project why didn't Mr. Forst move". Mr. Forst found it hard to believe that someone in a supervisory position would make such a remark and feels that Mr. Pratt is biased in his decision pertaining to this rezone. Mr. Smith stated he agreed with most of the comments made by Mrs. Cooper, however, he did have several exceptions. In reference to her comment about "blackmailing" - he felt this was unfair due to the fact he was willing to take himself out of the contract at a cost of $1,000 so that the group would have the opportunity to meet that price. He felt it was a fair offer to remove himself from the process. In regard to comments relating to increased traffic on Sheridan Road, he felt it makes an obvious question of doubt as to whether single family residential is appropriate on such a street and possibly having a multiple family project with traffic controls would provide a more safe situation. With the amount of square footage on the subject site, arguably you could ask for a minor PUD and put four individual homes on that site. At one point such a proposal was considered with the Planning Department and the same arguments came up that it was not an attractive place to put additional single family dwellings. Mr. Jensen stated the following points for clarification: (1) the density calculation for the project mentioned at 20/21 units does include the right-of-way vacation. (2) Some of the uses mentioned by Mrs. Cooper that are allowed in the MR zone are not allowed in the DR zone are allowed only by Special Use Permit. A Special Use Permit requires notices, due process, evaluation by staff and/or Planning Commission. No variances are allowed without public notice and process and appeal possibility. As far as some of the details of a site plan, which we are undertaking at this time, that is also a process that is reviewed administratively and, if approved, there is public notification and appeal process. A site plan would deal with ingress and egress, parking, landscaping, open space play areas and also a review for all of the development criteria necessary for that zone and Zoning Ordinance in general. The property and any structures on the property are not allowed to be occupied unless the site plan is construction as approved through the site plan process. TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 24 of 28 Mr. Colvin questioned if he was correct in understanding Mr. Smith stating that he did not blame the neighborhood for objecting to the proposal and that an apartment of this nature would cause some deterioration to the neighborhood? Mr. Smith stated Mr. Colvin was correct and he agreed with many of the arguments Mrs. Cooper brought out. He stressed the proposal did not present a win-win situation. Mrs. Cooper referenced a statement in Mr. Forst's letter...yes there are a lot of retired people living on the block, but there are also at least six young families in the neighborhood, all property owners and all with small children. Mrs. Hotton questioned the lack of data relating to availability of mass transit accessibility as part of this proposal. One of the things she has requested repeatedly in Council's Agenda packets when dealing with rezone issues is some sort of Transit input - criteria identifying transit service to the area now and what kind of service they are anticipating. Mr. Jensen stated he was knowledgeable that mass transit does service the subject area, but he did not have any additional information to offer. Mrs. Horton emphasized she would like that information included as an element in proposals. Council will have to look at high densities and that type of information is important for decision making on future projects. Mr. Oversonquestioned how did Kona Village get to where it is today? Don Pratt, Director Of Community Development, stated Kona Village was built 20-25 years ago and is a product of the Zoning Ordinance that was revised five years ago. Mr. Overson questioned if the City granted a vacation of the property directly in front of that facility to be used as parking for the complex? Mr. Pratt stated everything he has seen on that project indicates that "we don't know".. Mr. Overson pointed out the subject area had already been severely impacted with multi-family units in the surrounding area. He questioned when did the City last look at the Comprehensive Plan and was 15-30 units per acre a rightful designation for the subject area now? Mr. Jensen explained the current Comprehensive Plan was adopted in 1986. Mr. Overson questioned if the City is currently working to revise that Plan? Mr. Jensen stated yes. Mr. Overson stated he envisioned that area to be a prime area for single family dwellings because it represents a quality living area. He would consider the possibility that if this proposal would be proposed after the new Comprehensive Plan, it would not have a chance based on his view of what that area would be. He is concerned about the adverse impact of this TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 25 of 28 much growth in this much area. President Fits questioned if Council had to go with what the Comprehensive Plan designates today? Mr. Sievers stated the Comprehensive Plan is not a mandatory document, obviously there is non-compliance now, it is simply a blueprint of what should be followed in a rough sense. Mr. Waibel stated and there is a more limiting factor than a requirement to upgrade to that level. Mrs. Horton pointed out the Comprehensive Plan is used as a guide so that as that neighborhood changes over then it can be used as a guide showing it is changing and is moving more toward the Plan, and therefore a rezone is more pertinent. She questioned how many of the duplexes are new within the past 5-10 years? Mr. Dawkins stated none of the duplexes are new. Mrs. Hotton stressed one of the criteria of a rezone is that the area surrounding the rezone site has to have changed significantly and yet in the past 5-10 years not there has not been one new duplex constructed. So, that area is not moving to be further aligned with the Comprehensive Plan, but staying virtually where it has been for years in a single family residential neighborhood. Based on that, she could not support a rezone for the subject site. Mr. Collins stated the Comprehensive Plan can be used for many things, including a "hammer" to make something fit into an area, which he felt was the case in this instance. He questioned if the City desired to make Sheridan Road a more major thoroughfare (4-lane) would the City only have to obtain the right-of-way in front of the Kona Village and the school? He felt it would be a disadvantage to the City to vacate the right-of-way in front of the subject site. There are 10 out of 11 houses that are single family dwellings in the immediate area that were originally duplexes. He views this area as a very stable community except for the Kona Village complex. Based on the existing circumstances, he would not support the rezone request or giving up of the right-of-way. Mr. Dawkinsquestioned if Kona Village would be legal now with their parking configuration for the number of units? Mr. Pratt stated Kona Village is what he calls a "legal non- conforming structure and use". He has not seen a parking analysis on that site to determine if it is over or under parked. That particular building could not be built under today's Zoning Code. Mr. Dawkins questioned if the vacation, that the Planning Commission denied, affected the number of units that could be built? Mr. Pratt stated yes, the proposed 20/21 units is based on the parcel size plus the right-of-way vacation. Mr. Dawkins stated he did not support adding more TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 26 of 28 density to the subject area. Mr. Collins questioned how much of the right-of-way has been incorporated in the Kona Village on Schly Boulevard? Mr. Pratt explained plat maps show Kona Village intruding where the normal line of right-of-way would be. What he doesn't know and can't answer for Council at this time is whether that intrusion was a legal right-of-way vacation or simply a use of right-of-way. Mr. Johnson questioned if a new site plan review process been put into place? Mr. Jensen explained Planning uses the site plan review process in the Zoning Ordinance that requires the review be done for residential structures of over three units and all commercial structures. Mr. Johnson questioned who does the site plan review? Mr. Jensen stated his department puts out Notice Of Application to surrounding property owners that includes a comment period as cited in the Ordinance. Mr. Pratt stated the Zoning Ordinance requires for all commercial structures and for residential structures with three or more units that notice be given to the neighborhood through a public posting on the property and for mailing to affected property owners of the application for approval of a site plan review. The site plan review includes parking,. landscaping, ingress, egress, lighting, overall siting as it affects neighbors. They then make an administrative decision that can be accompanied by a public workshop (neighborhood comment/visit) prior to the decision, then the decision is made. The decision is then mailed to the affected property owners and posted on the site and there is a 10-day period when an appeal can be made. During that period when an appeal is made it is heard by the Planning Commission. The same process takes place once again with the property being posted and notice is given to affected property owners before the hearing. .After the hearing the property is posted with the Planning Commission decision and notification is sent out to the affected surrounding property owners. Following that there is opportunity for an appeal to be filed that would be heard before the City Council. Mr. Johnson stated some apartments were built off of Kitsap Way and supposedly received a Special Use Permit and he didn't learn about the project until actual construction began. Mr. Pratt emphasized the site plan review is in the Zoning Ordinance that was adopted in 1988, which was somewhat confusing and obscure until about 11/2 years ago when they failed to do a site plan review for a major project. Now, they follow the letter of the law on all projects with three or more dwelling units or commercial structures. Mr. Johnson cautioned the residents that even with a site plan review they are not always TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 27 of 28 enforced. He finds no major change in the subject area and there is no way to prevent loss of privacy for the residents of that area. He was not sure, assuming the Comprehensive Plan was appropriate at the time, that the needs and CHAS are valid today, therefore, he supports keeping the zoning at the lower density. Mr. Colvin questioned if it was a common practice to send Council members notice of construction projects in their districts? Mr. Pratt stated he was not sure which apartment building Mr. Johnson was referring to. If it was built within the last two years, the site plan review was in effect. Mr. Johnson pointed out the building he mentioned was the site next to the Bayview Inn, and the neighboring properties are a cemetery, park and a couple of houses. Mr. Pratt stated Mr. Johnson is correct in naming the affected property owners and they did receive notice. Mr. Colvinquestioned if it would be possible for Council members to also receive notice for such projects? Mr. Pratt stated it is possible. Mr. Colvin stated he also supports the position of not increasing the density in the subject area. Mr. Overson stated he was trying to sense the spirit of the Planning Commission and was sensitive that they made their decision probably based on predominant views toward growth management and respecting the Comprehensive Plan. He also noted that only six of the nine members were present at that meeting. He was in a quandary whether or not to push this project forward until the Comprehensive Plan is reviewed. Mr. Jensen stated Mr. Overson was correct in that growth management and CHAS were considerations in that decision. The findings in the staff report and minutes of the meetings relate the intent of the Planning Commission's decision. Mr. Waibel stated he believed Mr. Smith had insight into the task before Council, which is not an easy task. There is an overall driving force, through the CHAS and other documents, to try to increase the housing stock in Bremerton. He is very much in support of that and what it comes down to is Council's decision as to where the appropriate places are to do that. Mr Smith stated earlier that he is looking for a place and he believed Council was stating, at this time, that the subject site is not the appropriate place. He did hope that the City does the planning and analysis that are necessary to help developers, who want to help the City with this task, to identify the appropriate areas. He believes Kona Village is a spot zone and should not have been placed there. He did not want to expand that mistake or pass looseness in the present zoning. He is in support of the motion but he also wants #2663 #2905 TAPE #1090 City Council Reg. Mtg. Minutes February 17, 1993 Page 28 of 28 Council to recognize the need to work towards helping developers, such as Mr. Smith, locate the kinds of areas that are appropriate for this density and make sure those are recognizable so that this kind of hassle does not have to be experienced. M/S/C/U(Horton/Colvin) that the rezone request be denied of said property. M/S/C/U(Horton/Johnson) to uphold the Planning Commission denial of the street vacation. With no further business meeting adjourned at 8:38 P.M. KATHLEEN L. ~c~USKEY, City Clerk KLM/EF/me cc: Normal Distribution File/Vault