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HomeMy WebLinkAbout08/26/92TAPE #1051 UNAPPROVED DRAFT SEP 16 BgZ CITY COUNCIL MEETING MINUTES #0022 #0037 AUGUST 26, 1992 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, August 26, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin, Russ Johnson. Councilman Hank Waibel was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend A. L. Baunsgard of Hillcrest Assembly Of God Church. President Hotton announced Council would hold a Study Session immediately following the City Council meeting to discuss the "Gorst-Bremerton Connector Road" proposal. CONSENT AGENDA A. Minutes of Meeting - August 12, 1992 #AB92-208 M/S/C/U(Johnson/Dawkins) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. M/S/C/U(Colvin/Neville) on August 26, 1992, the Council does approve for payment those vouchers included and further described as follows: 155504, 155505, 155506, 155554 through 155555, 155567, 155569 through 1555663 in the total amount of $241,636.53; and Regular Payroll for the period ending August 15, 1992 in the total amount of $490,207.82. COUNCIL MEMBER REPORT8 Mr. Overson reported he had visitors this past weekend from Los Angeles, who immensely enjoyed their tour of the Turner Joy. TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 2 of 31 Mr. Neville stated on Thursday the Planning Department held the Campus/Evergreen Planning meeting, which was fairly well attended and very informative for the citizens who did attend. A follow up meeting will be held September 24 and additional input is welcome. Mrs. Fitz reminded everyone that school starts next week so please drive carefully to and from work. Mr. Johnson expressed how pleased everyone is over the new Kitsap Lake Elementary School and cautioned everyone that there will be students walking to school in the streets due to there not being any sidewalks. He is aware of efforts underway to provide off-street pathways and more lighting to provide a more safe route for children walking to school. He did observe a number of road graders zipping along Harlow Drive this date ripping out all the grass and sod in the ditches, which just left mud. He expressed concern over that action due to its contributing additional silt and mud into Kitsap Lake. The Utility Department had a meeting with the people along the west side of Kitsap Lake, who recently annexed into the City, regarding extending sewer service to that area. A Preliminary Engineering study was presented with preliminary cost estimates. A grant application for this proposed project needs to be submitted by January 1993. A Kitsap Lake resident has been working closely with the Game and Fisheries Department and Department of Ecology in doing some sampling of water quality and monitoring the weed growth. This individual is also gathering people together to work on better ways to protect KitsapLake. The weed situation in the lake is getting worse, especially in the shallower parts. The churning of the lake during the summer is causing more affects than in the past, the algae bloom is worse, water color is worse. He extended an invitation to anyone interested in working on ways to better protect and enhance the lake to call the City Council Office and leave their name. Lastly, he welcomed the residents of Sioux Falls, Iowa, to the club for cities being chosen as "NO. 1 CITY IN THE NATION" per Money Magazine. Mr. Colvin thanked Officer Deborah Goodell for her prompt response to a concern of an abandoned vehicle in his District. Officer Goodell is also working to rid a neighborhood of an animal that has created a nuisance situation. He thanked Mayor Mentor for agreeing to meet and greet District 1 residents during District l's Coalition meeting scheduled for September 10, 7:00 P.M., at the Sheridan Recreation Center. Because he is not sure of the numbers of citizens attending this meeting, he is seeking volunteers to provide cookies for TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 3 of 31 this event. Mr. Dawkins expressed concern over the devastating destruction brought about by Hurricane Andrew in Florida. Hurricane Andrew had wind forces twice the number as this area's worst wind storm in 1962. Mr. Collins noted the City has a tremendous assist on the waterfront. Mrs. Hotton explained her sudden departure from last week's City Council meeting was due to her having to catch a plane. Before she left Bremerton on that evening, she did catch a portion of the Council meeting, which appeared to be a lively debate. She noted she and her husband had made plans to visit Jamaica, however, when they got to Denver, Colorado, they saw news reports on the approaching hurricane and hastily changed their plans to Santa Fe, New Mexico. She thanked Councilman Dawkins for chairing the remainder of the Council meeting on August 19. PUBLIC RECOGNITION MaYor Louis Mentor read a Proclamation recognizing September 7 through 13, 1992, as "UNITED WAY WEEK". Barbara Stephenson, Executive Director, accepted the Proclamation on behalf of United Way and Kathleen McCluskey, Board President. She announced United Way's kick off event will be at the Kitsap Mall September 8th, 7:00 PM, which is open to the public and their goal for this year is $1,350,000. Mayor Mentor reported he attended an event in Seattle at the Japanese Counsel and on August 25 he and his wife hosted the farewell picnic for the Japanese exchange students from the City's sister city of Kure, Japan. He thanked Bremerton Central Lions Club, his Secretary, Elaine Valencia and the four host families for their involvement in this year's Sister City Program. He reminded everyone it is "Kitsap County Fair Week". He announced the Kitsap Historical Museum group will hold a fund raising Barn Dance on August 29. Proceeds from this event will go toward a new home for the museum. In reference to a recent news article that stated he refused to release information as to an inspection made of the City's 245 4th Street Building, he stressed there has not been an inspection of that building. Previously, he did ask the City's Fire Inspection what would the City have to do in order to cut a hole in the wall between the two buildings. As a result of that question he was provided with a list of items that would be required, including installing a sprinkler system. He believed the last safety inspection made to the i TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 4 of 31 245 4th Street building was in 1985 or '86. President Hotton stated in light of the fact that Council has heard several people come to Public Recognition and discuss problems that are happening either through miss-communications or other circumstances relating to drug problems, the City Council and the Administration needs to address that issue. She is tentatively setting up a meeting with members of the Police Department and members of the community for a round table discussion to identify issues and set priorities as to how best to solve some of the problems that are being experienced. She believes there are real problems and that it is incumbent upon the City Council, Administration and the public to become involved to try and alleviate such problems. She and Mayor Mentor will work out an agreeable date for this meeting. Mr. Colvin stated he wanted to clear up a matter of Public Recognition. He received a letter from one of his constituents, who wanted it read at tonight's Council meeting. He requested Ms. McCluskey explain the policy why this letter could not be read into the record. Kathleen McCluskey, City Clerk, stated the letter written was regarding an issue that had already been dealt with by the City Council. The City receives letters "after- the- fact" and typically they are not read at a public meeting. A copy of the letter was distributed to each Council member. Mr. Colvin questioned if this was a matter of written policy? MelissaAnderson, Animal Control Officer, introduced the Pet- Of-The Week, Clarence, a five month old short hair brown/white tiger cat. She also announced they are trying to find the owner of an approximately three year old injured Schar-pei. Carl Cramer, President of Bremerton Historic Ships Association, announced the Turner Joy is OPEN. He thanked the City Council and the City for their support to make that happen. In the first two weeks just over 5,000 visitors have toured the ship. They are verypleased with the initial thrust of visitors, however, they recognize the numbers of tourist could decrease significantly during the winter season. As President of Bremerton Historic Ships and backed up by Earl Smith of the Economic Development Council, Port Of Bremerton Commissioners Fred Schoneman and Dick Feek, Don Atkinson, Executive Director of Bremerton Main Street Association, Mim Heuss, Executive Director of the Bremerton/Kitsap Visitor and Convention Bureau, Bremerton Police Chief Del McNeal,and representative of the Bremerton Area Chamber of Commerce, he wished to speak on the need to make sure that the public will TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 5 of 31 feel safe when they come to the waterfront to enjoy the activities and facilities available. They did not want to see an "after-the-fact" situation where a response is made to a problem after it happened. Rather, they would like to see protection and security ahead of time so there won't be a problem with people coming down feeling it is an opportunity to create problems. He noted the 5,000 visitors to the Turner Joy was just a small portion of the numbers of people down on the waterfront. Everything that has been built on the boardwalk has been to draw people to the waterfront and we have to let the public know it is a "secure" and "safe" waterfront to visit. They acknowledge there will be cost to providing protection type services. Those expenses need to be spent before - we need to plan for the potential income source coming in from that area. With increased tourist business the local businesses will be bring more taxes to the City, however, Chief McNeal needs help to fund the needed number of officers to help make that area safe. He did not have a lot of "answers" but did have suggestions that might work to help out. He and the others in attendance are all willing to work with the City Council and City staff to make suggestions and give input, i.e., working with Reserve Officers and Shore Patrols...anything that shows the people that a secure environment is maintained for the enjoyment of the public. He urged Council to look favorable on doing something even if it takes more funding. Don Larson, President of Kitsap Diving Association, reported he received a letter from Chuck Clark of the Department of Ecology (DOE) in response to Mr. Larson's letter requesting him to review the issue of using a navy ship as artificial reefs for underwater parks. Mr. Clark noted one thing that needed to be added was the project must be consistent with the Shoreline Management Act and Local Shoreline Master Program - must obtain a Shoreline Permit from the local government with jurisdiction over the proposed site. Mr. Larson stressed he would like to work with the City Council and Parks Department to work up an underwater park project. Mr. Clark also indicated in his letter he would be willing to work with the City on such a project considering it appears to be consistent with the policy of the Shoreline Management Act, which promotes public access to water, understanding aquatic resources, provided there are no interference with navigation or any significant environmental consequent at the given site. Mr. Larson also received information from Florida Sea Grant about artificial reefs, what has been used for centuries and the positive results of such projects. He also has a copy of a book on the economic benefits of artificial reefs. He reported the Journal Of Events for Washington Coast Weeks is TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 6 of 31 now published and available in the Kitsap Regional Libraryand Puget Sound Banks. One of the first events for Washington Coast Weeks is the BlackberryFestival scheduled for September 6. President Hotton suggested Mr. Larson forward some of the artificial reef information to the Corps Of Engineers. Mr. Johnson stated he was very hesitant to do anything that would dump something in the water after the "stink" the Corps made about the kelp. Mr. Larson noted he has been working with Senator Bob Oke, who is looking for one State agency to work with the dive club on such a project. Phil Olwe11, 2455 N. Wycoff, stated he agreed with what was stated by the President of the Bremerton Historic Ships Association regarding public safety in the overwater park area. He also agreed that people within the community are willing to work with the City to provide needed Police services. He presented an Agenda Bill containing a Resolution that, if approved by Council, would place a ballot proposition (Levy) for the General Election to provide funding in the amount of approximately $430,000 for a Drug/Violence and a Special Police Unit in regard to gang activity. This levy would supplement law enforcement activities by enabling the Bremerton Police Department to create a Special Unit, specifically devoted to combating these illegal activities. He questioned the reason for the City's Grants Writer position being eliminated, who was involved in Ms. Devaney's departure and why hasn't the City contracted out that service if that was the intent at the time the position was vacated? President Horton explained the Grants Writer position was not cut, Ms. Devaney chose to leave City employment for another position in Seattle and it is up to the Mayor to either fill that position or to contract the service out. There was money in the budget, assuming it has not been spent, for that position. Mr. Olwell stressed the need for everyone to work together as soon as possible. President Hotton pointed out the 1992 budget is set and if there is anything to come for 1993, people need to realize Council can direct more money to the Police Department but that means were will be less money for the Parks system, Planning and other services provided to the residents. She would not say that would not happen, however, there are limited funds and Council must set priorities and make choices. If the community wants that choice made, then Mr. Olwell and the rest of the community need to realize that other services will be cut in order to fund those priority issues. Mr. O1we11 stated that was understandable and currently he has over 200 people who are willing to support a levy and he was sure more would support such a proposal. TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 7 of 31 6A - PROFESSIONAL SERVICES AGREEMENT - ~OLD MOUNTAIN GOLF COURSE MAINTENANCE FACILITY, #AB92-209 A request for Statements of Qualifications for professional design services to design a new Maintenance Facility at Gold Mountain Golf Course was prepared, advertised, distributed, and received in June of this year. Eleven firms responded and five were interviewed by a panel comprised of Councilman Dawkins, Parks and Recreation Commissioner Don Wright, Tom Wolff, Greens Superintendent at Sahalee Country Club, and Engineering and other Parks and Recreational professionals. This panel determined Ivary & Associates to be the most qualified firm to perform this service. Vicki Vanneman, Director of Parks and Recreation, stated Wayne Ivary, principal of Ivary And Associates is present and available for comments or questions from Council. This project is the first step in what undoubtedly will be a very exciting expansion project at Gold Mountain Golf Course. It is a step that everyone agreed needed to take place prior to any further consideration of expansion to the Golf Course. As noted in the summary statement, the selection process occurred over the past two months and culminates at this time with Council's consideration of the Professional Services Agreement. All five firms interviewed were highly qualified and the interview panel was very impressed with the quality of firms interested in the project. Ivary And Associates were "head and shoulders" above the other firms in specific experience, meaning specific to golf course maintenance facilities and also during phone calls to references she received nothing put positive feedback from staff people and board members of golf course who had facilities in place that were functions that Ivary And Associates had designed. She was pleased with responses from references that this firm showed close attention to their specific interest and function, not frills, and their interest in awareness of budget limits. She included in Council's Agenda Packet, a copy of a letter she received in IvaryAnd Associates original submittal detailing their extensive experience. She pointed out for clarification, at the time of the original submittal Horton/Dennis & Associates were on board as Civil Engineers as a sub to this design team. For a variety of reasons, they were not able to stick with that commitment and the local office of Parametrix, Inc., is taking their place as Civil Engineers. Also included in Council's Packet is Exhibit A, outlining all ! TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 8 of 31 of the target dates for completions of steps along the way to what will be a successfully completed project. During Council Committee meetings, several questions were raised regarding this schedule. Ms. Vanneman and Mr. Avary re-reviewed the schedule, made a couple of adjustments and feel that it is a realistic schedule for the project. She noted under Section l(h) of the Professional Services Agreement she include reference to monthly project reporting by Mr. Avary's firmto her that will be appropriately formatted for submittal to both the Mayor and City Council. This can be presented in either informational monthly reports to Council, similar to the boardwalk project, or she could submit them in writing. This project should not be a complicated project. President Horton questioned the funding source for this facility? Ms. Vanneman stated it will be funded out of the Golf Course Budget Fund 407. At the beginning of 1992, there was almost $300,000 in Beginning Cash in this fund and the fund is $100,000 ahead of last years pace. President HoEton questioned how may the money be spent from that fund? Ms. Vanneman stated once all reasonable capital improvements have been made on the golf course, any excess funds are restricted to be spent on park capital projects and cannot be used for extra parks maintenance personnel or General Fund needs. Also, these funds have been generated by the golfers themselves. Mr. Colvin questioned how much additional revenue would be generated by the expansion of the golf course? Ms. Vanneman stated that would be speculative on her part, but the current course is generating quite a large amount of money, with a budget in excess of one million dollars. She believed once the new course is up and running, the same sort of performance could be expected from the additional 18 holes. Mr. Hanna has provided some flow charts and financial information on what could be anticipated, but it will be a building process and will not produce initially what the existing course does. Mr. Colvin stated he wanted it emphasized that the new course will pay for itself. Ms. Vanneman agreed with Mr. Colvin. Mr. Dawkins pointed out under the information on the subject firm's experience it reflects their sensitivity in dealing with environmental sensitive areas, i.e., wetlands, etc. He noted the subject firm designed the Glendale Golf Course in Bellevue, which received recognition from the United States Golf Association Magazine as one of the best golf course maintenance facilities in the country. Lastly, the interview committee was unanimous in their selection of this firm. TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 9 of 31 Public comment - none. Mr. Johnson noted the Council's Fiscal and Budget Committee gave the recommendation to approve this proposal subject to there being a project management process in place for this project. Ms. Vanneman indicated such a process would be worked out with Mr. Ivary so that update reports can be issued and time lines met as far as permits and other things. He questioned if Mr. Avary clearly understood what he was being asked to do? Mr. Avarv stated what they normally do during construction is to have weekly reports to the Parks Department on the progress of the project, status, quality of work, what remains to be done and project the schedule for completion. Mr. Johnson stated he was not talking just about construction but anything associated with the project. Mr. AvarV stated during design phases they have a schedule already laid out. Mr. Johnson stated he expected there was a projected cost line, when the funds would flow into construction, etc. Mr. AvarV stated no, they had not gotten that far. The first thing they will do is to discuss the size of the building, the needs, staff housing and then define the scope of the project and once it is defined then cost numbers are added. Then, they develop options of what they can do to control costs. President Horton stated Council is looking at permit costs, design costs, construction costs and contingency. We don't want to experience the same situation as was experienced on the boardwalk project where the budget was only for construction. Mr. Avar~explained what they do at the program level is to come up with preliminary cost estimates at the schematic level, at design development level, construction document level and then monitor it through construction. Mr. Johnson stated Council is looking for total project management. Mr. Avarv stressed they will be involved in the programming with the Parks Department and the Golf Course's crew and staff programming this facility and there will be costs laid out throughout the project. If it appears costs are too high, they will identify ways to reduce cost or options allowing flexibility on bidding. President Hotton stated she would like wording included that specifically specifies Mr. Avarywill come back before Council prior to the contract for construction identifying the total project, how project funds will be spent, time frames, etc. Mr. avar~ stated that was their normal procedure in this type of project. #1553 M/S/C/U(Dawkins/Fitz) to approve a Professional Services Agreement with Ivary& Associates, including Schedule A and to keep the Council updated on each point as it goes along. TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 10 of 31 Mr. Johnson questioned if the motion means that Mr. Avarywi11 tell Council the whole project information so that Council can track whether this project is on time, within budget and according to specification? Ms. Vanneman stated she would come to Council with the first month's report, assuming this contract is approved. If Council is not content with the format of that report, then input can be given as to what Council desires. She is equally committed to having this project go well and she understands Council's sensitivity about projects. President Horton stated what she does not want to hear from the consultant is that they were discouraged from coming to Council with information that they should have prior to an event. She did not want Mr. Ivary to say he had attempted to come to Council with information but was not allowed to do so. Such a situation occurred during the boardwalk project and she did not want it to occur with this project. Ms. Vanneman stated she understood President Horton's concern. Mr. Johnson stated he did not want Mr. Avary to have any surprises when making his first report. Mr. AvarV stated he did not program in the proposal a fee structure covering his coming to Council on a monthly basis and making a report. President Horton stated she did not think Council was looking at a monthly basis, rather at specific bench mark periods prior to the contract being let. Mr. Collins stated he would very much like to see a "perk" diagram of what Mr. Avary is planning and how he is going to do it. This would provide a way for Council to actually see if the project is in total or cut up into chunks. President Hotton suggested having a member from Fiscal and Budget Committee and Operations Committee to act as Council liaisons for this project. In this way better lines of communications will be established. Vote on motion: Unanimous vote in favor. 6B - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTONAND BREMERTON PATROLMEN~8 ASSOCIATION 1992-1994, #AB92-210 The attached Labor Agreement between the City and the Bremerton Patrolmen's Association has been negotiated in conformance with Council direction and covers a three-year period beginning January 1, 1992, and ending December 31, 1994. Many changes to the existing agreement have been made. Details of all changes are included as an attachment. The following salary and benefits changes are included: i TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 11 of 31 WAGES 6% January 1, 1992 90% of Seattle CPI-W July 1992 Index; Minimum 2.5%, --Maximum 6% January 1, 1993 90% of Seattle CPI-W July 1993 Index; Minimum 2.5%, --Maximum 6% January 1, 1994 INSURANCE PLANS No changes to Plans and premium payment arrangements Caroline Marshall, Personnel Director, stated negotiations had been underway for approximately 14 months and Council had been apprized of all changes. Mr. Oversonquestioned if Item #6 "Impact On Budget" was to be completed at a later time? Ms. Marshall stated yes, a Budget Adjustment needs to be approved taking funds out of the Salary Reserve Fund and placing it into the Police Department budget. The proposed funds were included in the 1992 budget. Public comment - none. Mr. Johnson stated the reason he has not supported proposals such as this is due to the fact that the raises being given, which normally works out to 6% per year are out-of-line- with those rates the average citizen of Bremerton receive. In this case within two years, if at maximum CPI, it would present an almost 20% increase in salary. Out years for those costs are not budgeted and they have a very poor prognosis for bringing in additional revenues. He believed the City could be fair in giving labor increases,, but he did not feel the City should be this far out-of-line. He recognized the Police were doing a wonderful job but 20% over two years was a little tough. Mr. Colvin requested a response from Ms. Marshall to Mr. Johnson's comments. Ms. Marshall stated for January 1, 1993, the CPI indicator that is built into the contract is 3.5% and 90% of that will be 3.15%. The second year of the adjustment will not be the maximum of six. Mr. Colvinquestioned if this proposal was consistent with what other cities are doing? Ms. Marshall stated yes, especially with Police and Fire due to the formal process of binding arbitration arrangements at the State level. Through that process comparisons are made with other cities and even doing that the City is currently shy of meeting the same levels as other cities and she does agree that Bremerton's resources are not as substantial as other cities. Mr. Colvin questioned if the City's resources were substantial to support this increase in wages? Ms. Marshall stated as is every item that comes before Council that TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 12 of 31 involves funding there are trade offs. She does try to keep salary settlements within the City's resource growth patterns. Mr. Colvln stated he hoped this would not result in reducing the Police force. President Hotton stated the City's revenues are going up by approximately 1 - 1.5% and 90% of the CPI for 1993 is 3.1% - so if there is a budgetary shortfall, we probably will not reduce Police, but rather other services. Mr. Johnson stressed for years and years the non-Police and non-Fire departments have been absorbing that additional cost and have nothing left to give. When looking at the preponderance of the Bremerton taxpayer, who are tied to a Federal salary increase, salary increases of the civil servants serving them exceed what they are receiving. President Horton stated unfortunately what happens if we fall behind and go to binding arbitration they don't care that the City may not have the funds available to pay. Mr. Johnson stated all he was trying to do was to make a statement that something is wrong with the system. President Hotton stated the system is built so that it perpetuates itself on and on. Until the City gets rid of a lot of mandates from the State that say binding arbitration has the final hammer and they don't care about the City's ability to pay, we will keep on perpetuating what we have. Mr. Johnson pointed out the City cannot increase the City's budget through taxes by the typical 6%. He believed at some point in time even public safety will have to give if wages continue to be increased at this rate. Mr. Overson stated he echoed Mr. Johnson's concerns, but he will support this proposal knowing the time effort that has been put into it. The City's growth in past years was larger than the 1.5% expected in 1993, and it is not known what the long term effects the City will have from such things as the disaster brought about by Hurricane Andrew or the new regime that might be happening in the Federal Government. The time to do something about it is during negotiations, and he believed Council had done as much as they could in this case and that the salaries were becoming more equalized with other areas. Me stressed it is time for people to understand "someone pays when someone receives a pay increase". #1835 M/S/C(Fitz/Colvin) to approve the Labor Agreement by and between the City of Bremerton and the Bremerton Patrolmen's Association for the period January 1, 1992 through December 31, 1994. Vote on motion: In Favor: Overson, Neville, Fitz, Horton, i TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 13 of 31 Opposed: Collins, Dawkins, Colvin Johnson #2305 6C - BUDGET ADJUSTMENT TO PROVIDE FOR PARKING OPERATION AT BREMERTON LUMBER SITE, #AB92-211 Kathleen McCluskev, City Clerk, stated this proposal would establish the budget for previous Council Action expanding Diamond Parking's contract to include the Bremer Lumber site operation. Rich Hanna, City Treasurer, stated the proposed Budget Adjustment is needed to implement the terms and conditions of the Diamond Parking contract. This proposal also includes the payment of costs for closing the trade of the subject site between Olympic College and the City. As indicated, he expects revenue from the site in its current configuration to be approximately $45,000 for the balance of 1992, of which he is proposing to spend $6,750 for the Diamond contract, approximately $3,500 on the cost of the real estate transaction and the balance remaining as Ending Cash at the conclusion of this year. Mr. Oversonquestioned if "Ending Cash" meant "Ending Cash in this account" and not "Ending Cash in the General Fund"? Mr. Hanna stated that was correct and the Budget Adjustment form referenced the Roosevelt Capital Asset Fund, not the General Fund. Mr. Oversonquestioned if that fund was supported by an Ordinance that states how those funds will be spent? Mr. Hanna stated yes, the ordinance creating this fund was passed in 1992, when it became apparent the land exchange would take place and it is explicit about the use of those funds. These funds cannot be used for General Fund needs, such a Police Officers, however, it can be used for replacement of Roosevelt Field. Public comment - none. M/S/C/U(Dawkins/Collins) motion to approve Budget Adjustment Request 92-19. 7A - ORDINANCE (FIRST READING), AMENDING ORDINANCE NO. 4272 PROVIDING FOR ESTABLISHMENT OF A FUND TO BE KNOWN AS THE WATERFRONT PARKS CONSTRUCTION FUND= AND APPROVING BUDGET ADJUSTMENT, #AB92-212 This budget adjustment will provide funding for the mitigation project based on the preliminary estimates of the Evergreen Park Beach site. The source of funds will be an external borrowing. Preliminary discussions have been undertaken with TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 14 of 31 Seafirst Bank. A four year amortization will require annual payments of approximately $136,000. The source of funds for debt service will be Gold Mountain Golf Course. Kathleen McCluskey, City Clerk, stated this proposal will require two motions, one approving the Budget Adjustment and one to approve the ordinance. She noted the ordinance was added at the request of the Fiscal and Budget Committee, amending the existing ordinance for the Waterfront Parks Construction Fund. Also, it adds a section setting up an account within that fund for the boardwalk mitigation project and stating that all encumbrances and expenditures from this fund shall require signatures of the Mayor, one Council member and the Project Manager. Rich Hanna, City Treasurer, stated the budget for expenditure of the funds provided through this proposal and the breakdown of those funds among the various compliments of the project were comprised from the preliminary submission by FishPro to the Corps Of Engineers. There is on going dialogue between representatives of the City and Corps Of Engineers and the issue of Evergreen Park being the site is certainly not a "done" deal and he is not portraying it as such with this Budget Adjustment. In order to lift the Stop Work Order that the Corps placed on the construction project this summer, it was necessary to assign funds into a dedicated account in favor of the Port of Bremerton. Those funds were borrowed from the Public Works Complex construction fund and will be required to be available November i in order to pay off the notes under which they were borrowed. As he had alluded to in previous discussion on this topic, it was hoped that by August 1 that a final project would have been agreed upon between the City and the Corps with a preliminary engineer's estimate on which to base this financing decision. Unfortunately, that has not taken place to date, however, there are other time constraints with the funds presently being used in that assignment of funds that will not allow delaying this decision further. He did not, as the City Treasurer, see a source of funds within the City to Ifund the mitigation project unless that project was substantially smaller in terms of its fiscal cost than what is being proposed and borrowing from an outside source is the only option. He has had preliminary discussions with representatives from Seafirst Bank and the reason he is proposing an aggressive four year amortization schedule is because of the lower interest rates on the shorter amortization. He discussed with Seafirst terms of 4-5-6 years and the rates quoted were 5.25%. 5.5% and 5.75% for 4-5-6 years respectively. With that kind of an increase in the cost TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 15 of 31 of funds over longer amortization, he believed it was in the best interest of the City to stick to the shortest amortization schedule as possible. President Hotton questioned if the City can use funds out of the Real Estate Excise Tax for capital? Mr. Hanna stated yes, however, the legislature through several actions has made it increasingly difficult to use Real Estate Excise Tax fund money for this type of project. It appears very much in doubt that the majority of those funds could be utilized for this project. President Hotton pointed out those funds were used for the boardwalk project and this is simply an extension of the boardwalk project. Mr. Hanna explained the State regulations regarding how those funds can be expended have been made increasingly more stringent so what may have been acceptable in the past will not be acceptable in the future. He was not prepared to reveal how much of those funds are available or that may, in the future, accrue to the Real Estate Excise Tax account. President Hotton questioned if this proposal passes, what will that do to the expansion proposed for Gold Mountain Golf Course? Mr. Hanna stated debt service on the bonds necessaryto expand the golf course would preclude the transfer of any fund or continue a stream of payments to the local Parks Department to fund capital expenditures in neighborhood parks. He believed the debt service in this proposal over a four year period could be accomplished as well as carrying out the golf course expansion, but that would preclude transfer of any money to the Parks Department for capital expenditures in neighborhood parks for those four years. He did not believe it would preclude expansion of Gold Mountain as contemplated in the financial modeling a year ago. President Hortonquestioned if he "didn't think" or did he "know"? Mr. Hanna stated he did not think so considering the financial models were only a year old and the golf course has had a very good year in 1992. He did not see any reason why, when the financial model is revisited, we would revise it to be more conservative. He was not prepared to offer an "iron clad assurance" at this time. Mr. Johnson emphasized the City is now beginning to see the full impact of the over expenditure on the boardwalk and what it means in terms of maintaining the parks system. As he understands it, most of the funds in this proposal will be used to pay off the notes on the Public Works Complex. Mr. Hanna stated it was his understanding that when the City and Corps reach agreement on the mitigation that will be constructed, as design and construction proceed and money is expended funds from that account will be drawn down. TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 16 of 31 Therefore, the City will not have to maintain the full $480,000 in the assignment funds and carry out the project at the same time. Mr. Johnson emphasized then at this time the proposed funds would be used to pay off the bank. Mr. Hanna stated no, what will be paid off is actually the interfund loan from the Public Works Complex Construction Fund. Mr. Johnson stated Fiscal and Budget Committee wanted it clearly defined that no matter how this money is bounced around or whether or not we are paying for the mitigation out of the escrow account with the Port or we are playing for it out of this fund, the encumbrance and expenditure control that was asked for in the ordinance applies to wherever the money comes from to work on the mitigation. Mr. Hanna stated that was his understanding as well. Mr. Johnson emphasized this in no way was authorizing spending of $480,000 on mitigation. He believed everyone was unanimously in favor of spending the minimal amount of money it takes to properly mitigate scientifically from building the boardwalk. Mr. Colvin questioned if these funds could be spent for any other purpose than the mitigation project? Mr. Hanna stated no, the ordinance will stipulate a dedicated account in the Overwater Park Construction Fund that is to be used for that purpose only. Mrs. Fits questioned if there were any restrictions on expenditure of any remaining funds in that account; or did Council make that determination? Mr. Hanna stated he suspected the ordinance would be structured so that it authorized borrowing in such a fashion that it will stipulate any monies not spent on the mitigation project will immediately go to reduce the debt associated with it. He assumed that was consistent with Council's wishes. President Hotton questioned what would happen if the Corps Of Engineers felt $500,000 was insufficient? Mr. Hanna stated he expected the City would have to borrow more funds. Mr. Overson questioned the difference in dollar amounts between the Budget Adjustment ($500,000) and theAmortization. Schedule ($567,302.72)? Mr. Hanna stated the amortization schedule details the amount of money required to make debt service payments over a series of years whereas the Budget Adjustment creates capacity within this years budget to borrow the money and expend it on the construction project. He contemplates that none of the debt service payments will be made in 1992, therefore he is not asking that the 1992 Budget be amended to accommodate any of that funding. TAPE #1051 City Council Reg. Mtg. Minutes August 26, 1992 Page 17 of 31 Mr. Novills stated he was sorry to see the "pie-in-the-sky" Gold Mountain fund for improvement of parks going away one more time. He hoped these situations do not arise again. President Horton emphasized Council had the deciding vote on that happening. Mr. Overson questioned assuming this proposal is approved, what are other options for replaying of that bond? Mr. Hanna stated he was assuming the borrowing would be a General Obligation borrowing wherein the City is pledging the full faith and credit of the City to the lending institution. This Budget Adjustment request stipulates that excess profits from the Gold Mountain Golf Course will be the source of repayment. That does not bind the City, in terms of that lender, to that source, nor does it mean that when those funds are not adequate that is the end of deal. If funding was not available through the Golf Mountain source, then the City would have to turn to another source, whether it was Real Estate Excise Tax, if legal, General Fund, etc. TAPE #1052 Mr. Overson questioned before the ordinance comes back to Council will the City know the actual cost of mitigation? Ian Sievers, City Attorney, stated the City is over the deadline for addressing the mitigation project, however, the Corps is not considering the City in breech of that schedule. He expects the City should have a firm price shortly - hopefully within a week or two. President Hortonquestioned what happens if Council feels the cost of mitigation is to high? Mr. Sievers stated the City did accept the Corps permit and proceeded with the boardwalk with an open checkbook on that original condition to mitigate, therefore, it is an open figure. If the cost comes out above $500,000, the City is obligated to pay it. Mr. Johnson stated if the City is mitigating things that had nothing to do with the boardwalk it would seem like there is some recourse. Mr. Slevers stated being of an unlike mind with the Corps over whether that is an appropriate project is another issue. Certainly, the City needs to agree with the Corps that it is necessaryto mitigate those impacts based on scientific data the City has gathered. Mr. Johnson questioned if the City and Corps are not on the same "wave length" could we take some other action? Mr. Slevers stated yes. President Horton stressed the price of the project will help get the City and Corps on the same "wave length" quickly. Mr. Sievers stated since the Corps' criteria of what is needed to mitigate is based on the public interest, price is certainly a factor. De1 Knauss, Olympic Avenue, stated he was not sure how Council could make a decision on this issue at this time. He was hearing comments of doubt on issues that really need specific 1 TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 18 of 31 answers in order to make good decisions. He was becoming upset over the fact that in the past 2-3 years the residents were seeing funding for neighborhood parks from profits from the Golf Course and now the City is taking it away again. The City made a commitment for downtown ... it is time to take that commitment back into the neighborhoods and part of that is neighborhood parks. He urged Council to turn down this proposal and not allowing the Mayor to rob the neighborhoods of their parks. Cecil McConne11, Almira Drive, stated from Council's discussion it appeared it was not a clear estimate on availability of funds. He suggested that a serious, indepth look be given and felt it was premature designating Parks funds. From a citizens point of view, he was tired of the City "robbing Peter to pay Paul". Mr. Colvin questioned if the City's corporate assets were pledged on the proposed loan? Mr. Slevers stated they could come back on the General Fund, but it would not say whether or not they could attach Utility funds to pay off the debt. In reference to Mr. Knauss's concern, further restrictions on the 1% Real Estate Excise Tax that Mr. Hanna mentioned were imposed in the 1992 session of the State Legislature. There are two portions of that Excise Tax, two .25%'s, one came with growth management. The new restrictions are attached to both percentages but there is still a split on the growth management portion as far as acquisition of park and recreation facilities. He did not think it would be a significant problem on the mitigation project because the acquisition portion of this will be fairly small and a continuation of the park project, which is the boardwalk. The City will be acquiring, perhaps, some additional tidelands. In addition, the original .25% is available for acquisition. Mr. Colvin questioned if Mr. Sievers was saying that some of the mitigation funds are being spent for parks? Mr. Sievers stated no, he was addressing alternate sources of funding, at least one half of the Excise Tax would be available to cover any of the mitigation costs, but use of the..25% for growth management was questionable. Mrs. Fitz questioned could wording be added to the motion to approve this proposal that the Council look for other alternative funds, within the City, so we would not have to spend all of the profits from the Golf Course funds? Mr. Hanna stated in his opinion the City was not binding itself to the Golf Course funds as repayment. That would be a decision that would be made in each of those subsequent budget years. At those specific times, the City could look at any fund which i TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 19 of 31 would legally applied to this purpose within the City, but would preclude the Utilities and other funds of that nature. As the City enters into negotiations with a financial institution, the City will be pledging full faith in credit and they do not care what internal decisions are made by the City. Mr. Johnson stated in response to Mr. McConnell's comments, the robbery has already taken place and now we have to figure out how to make life go on. He talked with Councilman Overson, Chairman of the Operations Committee, about handling the encumbrances on the fund through the Operations Committee. He believed this Committee was appropriate for reviewing the scope of work, changes to the scope of work, change orders, exactly what will be included in the project or not included in the project, etc. If only the expenditures are reviewed, it could fall within the same situation as the boardwalk project where decisions were made and Council only saw it at the point of presenting the bill to cover the cost. The attempt is to get control of the project at the beginning and to make sure we are doing the minimum for proper mitigation for those things that are scientifically needed to mitigate the boardwalk. Mr. Overson stated from the Operations Committee's side, he endorsed Mr. Johnson's proposal as it will give both Committee the opportunity to become closely involved with the project. President Horton stated she does not support taking the funds out of the golf course fund. In the final analysis that fund may be the only one available, however, she supported looking into the Real Estate Excise Fund as well as the possibility of it coming out of the General Fund. Unless the public realizes the impact of what has happened with this project, and the only way they will know is if it does come out of the General Fund, that any other project that comes along could experience this same dilemma. She believed, we, the public taxpayers moan and groan about over expenditures of local, State and Federal entities but do not really understand because there always seems to be a funding source found. The golf course fund is such a source, but it will stop the acquisition of enhanced parks and equipment. She believed in the long term the City's local parks program will be much the worse. She stressed this City Council did not know what was going on with the boardwalk project until it was too late. The Council was deceived and not told and now the robbery has happened and we have to figure out how to take care of it. #0451 M/S/C(Johnson/Colvin) motion to approve Budget Adjustment Request 92-18 and to direct the City Treasurer to proceed with TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 20 of 31 the external borrowing; to approve Ordinance, on first reading, amending Ordinance No. 4272 providing for the establishment of a fund to be known as the Waterfront Parks Construction fund. Vote on motion: Motion carried. In Favor: Opposed: Colvin, Johnson, Overson, Neville, Fitz, Collins, Dawkins Horton 7B - RESOLUTION #2401, ESTABLISHING AN AD HOG COMMITTEE TO EVALUATE AND ASSESS THE BREMERTON CITY CHARTER AND FORM OF CITY C~3VERNMENT, #AB92-207 Mr. ~ohnson stated last week when this issue was brought before Council there was a feeling by the Council that it had a lot of potential, but how best to work with the community and carry out an evaluation was not clearly defined. Since the last meeting, he had discussed with Mr. McConnell what the committee was really trying to accomplish, which he felt was first do an evaluation of the government in general terms. And, to look into if a change is warranted, and if so, what change would be for the best. Such a proposal might end up on the ballot by either Freeholders or some other process. He wanted to help in this process, but to do it in a way that was impartial so that it did not look like a "stacked deck". He believed self-evaluation was great and if people wanted to do that, even if no change is recommended, it would be of benefit. He and Mr. McConnell agreed that the evaluation of effectiveness really needs to take two different tacks. This was one of the problems that occurred when the last ballot measures to change the government were presented...one was on one tack looking at the efficiency of the public corporation management (City Manger). The other tack was looking at the government's ability to respond to the citizenry and provide services. So, the evaluation probably needs to look at both of those areas. Once the evaluation is made, a review is made of other types of governments available, their pros and cons and the current form of government's strengths and weaknesses. As a result of the evaluation process, the Committee would have a strong recommendation back to Council, i.e., Freeholders, etc. One question that still puzzles him is the membership of that committee should include someone who is impartial but who also has experience and expertise in public corporation management. He was pleased to report the cities of Redmond, Bellevue and Pullman recently completed evaluations of their government as to how it matches up with others. Not all of those cities are First Class, but the process they went through could be adapted to help the Ad Hoc Committee do a good job. Copies of City Charters from all of TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 21 of 31 the First Class cities in the State will be reviewed and may be of benefit in the review process. President Horton questioned if Mr. Johnson felt more time was needed to prepare the appropriate documents? Mr. Johnson stated both he and Mr. McConnell felt there needed to be some rewrite on the ordinance and scope of work. Mr. McConne11, Almira Drive, stated Mr. Johnson thoroughly covered the situation as it exists. He stressed that all forms of government will be reviewed through this process and the end result may be the recommendation to use the Freeholder process. He was pleased to learn that other cities had undertaken self-evaluation so that the proposed Ad Hoc Committee would not be "breaking new ground". He agreed with Mr. Johnson that the Resolution needed to be revised so that it spelled out all the desired results in order to gain Council support. Mr. Collins requested the definition of "AD Hoc". Ian Sievers, City Attorney, stated AD Hoc means: "just arising on an as needed basis and not regularly scheduled or established". Mr. Collins questioned and with no portfolio? Mr. Sievers stated such a group could have one once it is established. Mr. Collins stated a number of people have wondered why he wanted to be part of the County's Governance Committee and why he has been so adamant against the proposed Ad Hoc Committee. First, the County Governance Commission is formed not to solve ills but to define the real or perceived problems of the County government organization and to make suggestions as to possible solutions to a Board of Freeholders. The method to be used is a questionnaire completed by 157 citizens of the County that are generally classed as the "movers and shakers". From that information and other information there will be a complete questionnaire distributed to between 1000-1200 citizens of the County. From that the Commission will come up with what are the truly perceived problems of the County. If there are any immediate ideas on solutions, they will be given to Freeholders. In the Commission's work so far, the County Commissioners have established there will be no hands on in any way from any Commissioner or any member of County staff organizations. Two staff members from the Planning Department were provided to work with the Commission. What the Freeholders come up with will eventually be placed on the ballot. He had hoped to have Mr. James Metcalf of Eastern Washington University School Of Government present at this meeting. Mr. Metcalf and two other gentlemen act as consultants to the Governance Commission to explain some of the ills that happen and these kinds of committees fall err to if you just establish a committee to TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 22 of 31 "fix it". Due to a family crisis, Mr. Metcalf was unable to attend this meeting as previously planned. Mr. Metcalf conveyed to Mr. Collins that over the past 10 years 22 communities in the State of Washington have looked at their forms of government, and all of them that made any major changes used the Freeholder process. He whole heartily feels the Freeholders process was the appropriate method to use because they are responsible to the electorate. And, as Freeholders they can look objectively at what the present government is...he did not feel he was qualified to look at the present form of government and say whether it is good, bad or indifferent. He would be proud to support an ordinance that would establish a committee similar to what the County has that includes the establishment of Freeholders at the time of its inception. He also suggested the City use the office of the University of Eastern Washington School Of Government, which has a fee attached. Mr. Johnson stated as far as he knows there will not be any elected officials involved in the group Mr. McConnell is proposing. Also, such a group could determine to not go with the Freeholders process and place an independent proposal on the ballot without coming to the Council. He emphasized the question is "does the City Council really want to work with Mr. McConnell's group"? Mr. Overson stated Mr. Collins' approach reflects throwing money at a situation and studying it to death in the hopes it will go away. This approach does not work well any more and a different approach is made through team work to tackle problems that are solved in days or weeks. He stressed the proposed group may come up with the recommendation for a Freeholders process, but it may not. From the process described, the County may be left with a Commissioner form of government for some time to come, which may or may not be good. Mr. McConne11 stated it was his understanding when a Freeholders election is held it is the citizens who run for positions on that group. If he ran and was elected as a Freeholder, he could not see where being called a Freeholder would make him a better person to make any kind of a decision as an ordinary citizen. He took offense to Mr. Collins's comments that a group of citizens could not be unbiased. The last Ad Hoc Charter Committee established was manned with approximately 18 unbiased citizens, who came up with approximately 20 recommendations that resulted in five changes to the City Charter. Mr. Collins stated we are not dealing with a corporation or shipyard, we are dealing with people. #1157 TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 23 of 31 The individuals are the ones he is concerned about. When a Freeholder process is used, they are elected by the electorate and they then have a responsibility to the electorate, not to the City Council, Mayor, or anyone else. Mr. McConne11 stated any suggestions, solutions, etc.., would have to come back to the City Council and they would make the decision as to what went on the Ballot. Mr. Collins stated if you first establish that the committee will make the review to be followed by establishment of Freeholders, then we are establishing there will be a Freeholders election some time in the future. Mr. McConnell stated it was the "some time in the future" that bothered him. M/S/C(Overson/Fitz) to continue this item for up to two weeks and commission Councilman Johnson to work with Mr. McConnell to rewrite the resolution that reflects the issues discussed. Vote on motion: In Favor: Overson, Fitz, Waibel, Horton, Dawkins, Johnson, Colvin Opposed: Motion carried. Collins, Neville 7C - RESOLUTION NO. 2402, ADOPTION OF FINAL AMENDMENT TO 1990 SOLID WASTE COMPREHENSIVE PLAN FOR KITSAP COUNTY, #AB92-213 To formally adopt the Kitsap County Final Amendment to the 1990 Solid Waste Comprehensive Plan in accordance with Ordinance No. 4219. Mr. Johnson pointed out Annie Bringleo made a presentation to Council on the proposed amendment and City resident Harry Wilson served as a member of Kitsap County's Solid Waste Advisory Committee acting as the City's representative. The major concerns identified by the City as to controlling collection within the City are included in the plan. The City Council previously adopted an Ordinance and Resolution establishing solid waste policies for the City, which are also included in the plan. He noted there were a couple of technical errors identified that are being corrected, however the policies do match the City's policy. Annie Bringleo, Kitsap County Solid Waste Management, stated an important things to consider is that there are many recommendations in this amendment that will require the County to look further and develop more policy and to work more closely with the cities. What she hopes for is developing a closer relationship as a County-wide system is developed that would benefit everyone economically and in working relationships. TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 24 of 31 Public comment - none. Mr. Dawkins congratulated Mr. Johnson and everyone who worked on this plan for doing a fine job. #1259 M/S/C/U(Dawkins/Collins) to pass Resolution No. 2402, formally adopting an amendment to the 1990 Final Comprehensive Solid Waste Management Plan for Kitsap County dated June 1992. 8A - PUBLIC HEARING: APPEAL OF PLANNING COMMISSION APPROVAL OF PLANNED ~NIT DEVELOPMENT WITH CONDITIONS OF LANDSCAPING AND PAVED DRIVEWAY; APPELLANT: DR. TOM MESS; LOCATION: 4221 WHEATON WAY, #AB92-214 On July 21, 1992, the Planning Commission approved a preliminary Planned Unit Development subject to five conditions stated in the Findings and Conclusions (attachment II). The Planning Commission's decision is being appealed on the grounds that conditions 4 and 5, which require landscaping to be provided along the frontage of Riddell Road and construction of an internal driveway connecting Wheaton Way to Riddell Road are excessive. The City Council, when hearing an appeal, shall either: 1) Affirm the decision under review; 2) Reverse the decision under review; 3) Modify in whole or part the decision under review; or 4) Remand the matter back to the Planning Commission for further consideration. Such action shall be decided by a majority vote of the members present. That vote may be taken at the same or any subsequent meeting. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Jack A11ingham, Current Planning, explained the issue is an appeal of a Planning Commission decision which approved a Planned Unit Development (PUD) constructing a 6,705 sq. ft. auto service center (945 sq. ft. of office space and 5,760 sq. ft. with seven service bays). The site is a 31,000 sq. ft. site, which is a smaller piece of a larger 229,848 sq ft. site located at 4221 Wheaton Way (southwest corner of the intersection of Wheaton Way and Riddell Road). The Comprehensive Plan for this site is Commercial and the current zoning designation is "Shopping Center". The "Shopping Center" zoning designation requires development of TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 25 of 31 this site to under go a PUD process. The Planning Commission held two public hearings on this plan, the first public hearing was continued to July 21, where the Planning Commission requested that the applicant come in with a more vigorous approach to the PUD process. The applicant came in with a revised plan showing how development of the site could potentially fit with future development of the rest of the site. The Plan was conditioned with five conditions: 1. The Final PUD application shall comply with the parking requirements of Bremerton Zoning Ordinance Ch. VII, PARKING PROVISIONS. 2. The number and location of curb cuts shall be reviewed and approved by the City Engineer. 3. Prior to final PUD approval, an open space plan shall be reviewed and approved by the Planning Manager. 4. Landscaping shall be provided along Riddell Road, extending from the west end of the auto service center to the western most portion of the site. 5. A paved driveway shall be provided from the western most curb cut adjacent to and along the west side of the auto service center, then eastward connecting to Wheaton Way. Mr. Allingham pointed out Dr. Tom Ness is appealing Conditions #4 and #5. Dr. Tom Ness, appellant, stated he was formally appealing Conditions #4 and #5 and had prepared a 4-page document for Council review as part of his appeal. President Hotton questioned if everything in that 4-page document was presented to the Planning Commission during the public hearing process? Mr. Overson stated he did think that was pertinent since Dr. Ness was appealing a Planning Commission decision and it would be appropriate for new information to be introduced. President Hotton emphasized the applicant is suppose to give the Planning Commission all the information, and if Dr. Ness has new information, then Council can either not see that information or the proposal has to be remanded back to the Planning Commission so that they can see it. Ian Sievers, City Attorney, stated it seems the original decision is the Planning Commission's and he believed the principal was the same as a previous appeal heard by the City Council. The purpose for the policy of not addressing new material is so that the original decision maker has available to it all of TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 26 of 31 the facts and circumstances and that they are not wasting their time with a half-hearted presentation. If Dr. Ness had new information, he should have presented it initially to the Planning Commission so that they could base their decision on the full record. The remand is not an appeal of the Planning Commission's own decision, but a remand to reconsider their decision based on the information. Dr. Ness stated he believed all of the information, except for the aerial photo of the site, was included with the PUD application. Dr. Ness explained Ness Limited Partnership is a five-member partnership comprised of five immediate family members. Their mission statement for this piece of property, inclusive of the undeveloped portions, is to develop this totally but their current challenge is the automotive service center. They are appealing Conditions #4 and #5, based on the economic impact that these conditions put on this particular development and the potential impacts these contingencies will place on future development. The opportunity was not given, at the Planning Commission hearing that adopted the PUD and five conditions, for him or the public to refute the conditions placed on the proposal. Condition #4 constitutes approximately 300 ft. of landscaping. In discussions with the Planning Department staff, they advised that in order to accomplish this landscaping it would very likely necessitate curbs, gutters, sidewalks, storm drains as well as irrigation and the necessary landscaping for the property west of the project. The Partnership's objects to this and its appropriateness of beautifying an empty lot that is slated for development at some later date. President Horton questioned if the PUD was for just the automotive service project. Dr. Ness stated yes. Mr. A11ingham stated the Planning Commission requested a more vigorous approach and requested a total site plan be brought in for approval showing how this development fits into future development. At the continued public hearing, the applicant brought in the revised plan, but the applicant made it clear that the project they are proposing is just the automotive service center. Mr. Johnson noted for the record, the full site plan was included in Dr. Ness's handout. President Horton questioned again, what is included in the PUD ... the whole site or just the automotive service center project? Mr. A11ingham stated at this point it is on the whole site. President Horton noted a PUD has a short life. Mr. A11ingham stated yes, unless it is enacted and constructed in phases - two years to design and enact this phase and once that phase is completed the second phase is enacted. Mrs. Fits questioned if that also was a 2- year time limit for the second, third and fourth phase? Mr. TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 27 of 31 A11ingham stated yes. Mr. Colvin questioned what would happen if Dr. Ness sold the undeveloped property to someone else? President Hotton stated the site plan stays with the property and if the new owner wished to do something different they would have to come and request a change. Dr. Ness emphasized the appeal is based on the inappropriateness of landscaping along an undeveloped piece of property. They feel putting in that particular expense (approximately $10,000) would impact the economics of this particular development and future development. In reference to Condition #5 - The pavement that is referenced is required in part. They proposed that the paved driveway only extend from the southwest corner of the building easterly to Wheaton Way and that the proposed access, stipulated by the Planning Commission, off of Riddell Road and continued all the way around the westerly end of the building and exiting onto Wheaton Way be eliminated from Riddell Road to the southwesterly corner of the automotive service center. He based his proposal on the economic impact of having to provide a paved drive the width and length identified in Condition #5. Also, they feel such a driveway constitutes a by-pass for the traffic light that is located at the intersection of Wheaton Way and Riddell Road. Further, he is concerned about the neighborhood rowdiness issues, such as what is experienced in the Bag N Save area, which has been a continual source of frustration to the Bremerton Police and people living in close proximity of that business. Mr. Ness and members of his partnership concur whole heartily with the Planning Commission's and Council's commitment to aesthetic enhancements. He pointed out the service station on the corner of Wheaton Way and Riddell Road did an outstanding job with their landscaping and they intend to continue with the same scheme, possibly even grander, in the landscaping and aesthetic enhancement of the next proposed site. However, they feel to do that at this point would be impractical and expensive. He urged the Council to amend or uphold his appeal of Items #4 and #5. Mr. Overson pointed out that Dr. Ness's proposal would provide the ingress and egress off of Wheaton Way for customers using the automotive service business. Dr. Ness noted another important point to this proposal is that he has negotiated strongly with the Standard Oil Station for a cross- merchandising concept. TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 28 of 31 Cecil McConnell, Almira Drive, expressed concern over the "L- shaped drive" that the Planning Commission proposes and noted that would create a by-pass and a dangerous situation. People are already cutting behind the existing service station by using an unimproved driveway. He encouraged Council to accept Dr. Ness's proposal for limiting the paved drive from the southwest corner of the automotive service building out to Wheaton Way. Mr. Colvin stated considering the potential hazard of people using a business driveway around the building to by-pass a signaled intersection, he believed Dr. Ness's proposal for Condition #5 was reasonable. Mr. Collins expressed concern that regardless whether or not an alley is built,people could, if they wished, cut through the business area. He believed if the alley was not put in they would go through the parking lot area. Such a situation could be overcome with speed bumps or other type deterrent structures, but the same thing could be accomplished by placing speed bumps along the alley driveway area proposed by the Planning Commission under Condition #5. He requested Mr. Allingham explain why the Planning Commission requested this piece of business be brought back to them from the original hearing. Mr. Allingham stated the Planning Commission saw a large vacant area and they wanted to insure this development would be integrated with more development on the site. They also saw a few of the curb cuts located very close to each other. And, they did not see any provisions for pedestrian circulation on the site, so they requested a plan for the whole site. The applicant did develop a plan for the full site which showed pedestrian pathways connecting throughout this site and made provisions for open space in the future, showing the layout of parking and other structures. The revision essentially was better than what was proposed. Mr. Allingham stressed this was just preliminary approval so that Dr. Ness could go forward with final design details. When the Planning Commission looked at the revised plan, they knew the rest of the site would not be developed, but did not want the site to stay vacant for 10 years. They did feel that the paved drive, as proposed in Condition #5, would provide good circulation for the facility. If the City Council chose to eliminate Condition #5, the requirement for this driveway, the current PUD Plan still allows the applicant to construct the driveway they desire because it is identified on the revised plan. President Hotton stated she believed the Planning Commission was on the right track, but somehow it derailed. She felt what they were trying to do was to look at the piece of property in total and plan for the future access needs. TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 29 of 31 She did not have a problem accepting Dr. Ness's proposal to not put the paved drive through to Riddell Road because she believed it would cause a transportation problem. What she wanted to see was some how re-configuring the whole thing so there is the egress into and up to the area identified by Dr. Ness, but then modify the site plan so that actual landscaping or configurations of the building won't allow traffic to cut through the site. Dr. Ness stated having lived near the Bag N Save site, he did not like the idea of speed bumps due to their being used as "kick start" by kids in neighborhood rowdiness issues. He believed that due to the location of the automotive service building it would be challenging for anyone to cut through and use that area as a by-pass of the intersection at Wheaton Way and Riddell Road. He did not want to go back to "square one" as to facility layout and the expense that would incur. President Hotton stated she felt a landscaping barricade would be more appropriate. Dr. Ness stated if that was deemed appropriate by the City Council, they would comply. Mr. Dawklns supported Dr. Ness's concern over the traffic route behind the Bag N Save store and his not wanting to create the same condition around his facility. He questioned what was included under Condition #4? Mr. A11ingham stated the condition was to continue landscaping. Mr. Dawklns questioned the use of a 3-4 foot berm? Mr. A11in~ham explained the landscaping requirement would be a 10 foot wide landscaped strip. Mr. Dawkins pointed out once that site was developed such landscaping might go away. Mr. A11ingham stated what the appellant is saying is that to put the landscaping in and do the job right it would not be unreasonable to put in curbs/gutters and sidewalks and landscaping with irrigation, which is not an inexpensive project. Mr. Dawkins urged some easing on the conditions in order to encourage more business in Bremerton, however, he did not want to do anything that would not be in the best interest of the public. Mr. Collins questioned if cost could be a consideration in a land use hearing? Ian Sievers, City Attorney, stated no. If there is a need for the landscaping to protect public health, safety and welfare, it needs to be provided. This is a timing issue and there is a need to connect these improvements to some impacts of Dr. Ness's development. A PUD approval does not in itself create any impacts which need mitigating, but do need to be addressed when the site is developed. Mr. Johnson pointed out this is simply a site plan. Mr. Collins cautioned that it is a land use hearing. Mr. Johnson emphasized when a rezone is being considered you cannot include economics as a l TAPE #1052 City Council Reg. Mtg. Minutes August 26, 1992 Page 30 of 31 consideration. This site is already zoned Commercial and Dr. Ness is allowed to develop anything within that zone. But, certainly cost in a site plan and how you do it is integral in the whole planning process. Mr. Collins questioned if that was appropriate? Mr. Sievers stated the cost to the developer is not part of the planning processes to encourage economic development, if that is the land use zone here. If you make mitigation measures too extremely costly, you'll never allow that zone to develop as the Comprehensive Plan intends it to. Tangentially, cost is important in making a plan follow through to fruition. President Hotton questioned if requirements could be placed on future development when the owner is only talking about a section of the PUD? Mr. Sievers stated that is why you have to remember the test of nexus between a development and impacts on public concerns. That nexus really does not come about because of planning and uses but rather from actual development. That thread is consistent through Washington cases. Even in the City's own PUD Criteria..."The scale and intensity in design shall adequately reduce the impact of the development". Although there is a plan showing future development will be consistent with what happens elsewhere on the site, the development has not actually happened except in a small portion of the site. Council needs to find the nexus between the road and landscaping and what is actually being developed. Mrs. Fitz stated she is assuming Dr. Ness did not have the chance to bring any of these comments to the Planning Commission after they made their decision. Mr. A11ingham stated that was correct. Mrs. Fitzquestioned if the Planning Commission considered the impact on traffic coming through the subject site and short-cutting the intersection? She believed this was a safety issue that needs to be addressed. Mr. A11in~ham stated he did not recall it being mentioned, however, one of the Commission members may have brought it up but other members thought it was an improvement to the proposal. President Borton suggested having the paved roadway as identified by Dr. Ness and the placement of a widened landscaped bermat the southwest corner of the building, which would keep traffic from cutting through parking lot areas. TAPE #1053 Mr. Johnson stated when a site plan is approved one should be able to take it and identify the project on the subject site. He did not want to have to address future development on the site at this time. And, he also felt it was not appropriate landscaping along an undeveloped site. He believed there is an L.I.D. proposed for Riddell Road in the area of Dr. Ness's i TAPE #1053 City Council Reg. Mtg. Minutes August 26, 1992 Page 31 of 31 property that would provide for street improvements and would be funded by a number of property owners. He supported the appellant's proposal to do away with Conditions #4 and #5, but to include additional buffering landscaping as suggested by President Horton. Mr. Colvin stated he did not support requiring the appellant landscape the undeveloped portion of the site. Mr. Overson stated it looked like Council was substantively achieving what the Planning Commission desired with the driveway. He felt they had a good idea with extending the gutters, sidewalk, etc., and was forward looking. He believed the Planning Commission was on track for asking for the landscaping along the undeveloped portion. #0242 M/S/C(Dawkins/Colvin) to eliminate Condition #4 and modify Condition #5 as requested by Dr. Ness, but suggested that landscape berm or other means be employed to prevent a "by- pass" of the Riddell/Wheaton Way intersection from being created. Vote on motion: In Favor: Opposed: Neville, Fitz, Horton, Collins, Dawkins, Colvin, Johnson Overson With no further business meeting adjourned at 9:00 P.M. KATHLEEN L. McCLUSKEY, City Clerk L~~HORT~N, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault