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HomeMy WebLinkAbout08/05/92TAPE #1045 UNAPPROVED DRAFT AUG 19 199E CITY COUNCIL MEETING MINUTES #0022 #0035 AUGUST 5, 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 5, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, Hank Waibel, C. R. "Tiny" Collins, Morris Dawkins, A1 Colvin and Russ Johnson. 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 William Wambsganss of Westside Baptist Church. CONSENT AGENDA A. Minutes of Meeting - July 22, 1992 #AB92-193 M/S/C/U(Waibel/Fitz) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTER8 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/Dawkins) on August 5, 1992, the Council does approve for payment those vouchers included and further described as follows:154191, 154194 through 154349 in the total amount of $182,882.66. Mr. Overson stated last week he requested clarification of several vouchers. He was pleased to report Kathleen McCluskey, City Clerk, confirmed payment of those vouchers was legitimate. He thanked staff for providing a very prompt response to his inquiry. Mayor Mentor reported the Japanese students from the city of Kure, Japan had arrived and introduced Bob Batten, Bremerton Central Lions member and chairman of the Sister-City Program. Mr. Batten introduced each of the students from Kure and their host families: Hidetaka Suwaki hosted by Carol Dewell family, TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 2 of 18 8535 Cookie Monster Lane, Silverdale, WA; Junko Kajihara hosted by Tony Sedgebeer family, 7679 Springhill Place NE, Bremerton; Ayako Omoto, hosted by Ben Johnson family, 2200 Komichan, Bremerton; Daijiro Takahasi hosted by Dave Foiles family, 2125 N. Wycoff Avenue, Bremerton. COUNCIL MEMBER REPORTS Mr. Neville reported he attended the "Goodby" to Roosevelt Field activities, which were very amusing at times. He announced the Eagles Club will sponsor another Teen Dance on August 14, at the Eagles Building (downstairs). Mrs. Fits reported on Friday, July 31, she and Council President Horton, along with several Planning Department staff, attended a Growth Management Conference in Tacoma. She found this conference to be very informative and encouraged her fellow Council members to attend such a program as they become available in the future. Mr. Waibel reported he attended the Welcome picnic for the Japanese students on Friday, July 31. This event was hosted by Bremerton Central Lions Club at Chuck Laubach's home. He also attended the final event held on Roosevelt Field and noted one of his daughters volunteered her help on this event. Another event held on July 31 was a rock concert at the Roxy Theater. Mr. Johnson reported a number of residents at Kitsap Lake have been monitoring the quality of lake water for 1 - 1/2 years. This citizens group has been working with the Department of Ecology (DOE) and have identified deterioration in the lake...more weeds, water becoming dirtier, etc. Based on information from the DOE, deterioration type activity can be reduced by adjusting some of the buoys. It appears that studies have revealed significant data based on boat horsepower motors size verses lake depth. He believed with some slight adjustment of buoys and a little compromise on times when the lake is being used, water skiing type activities could be extended on the lake. Mr. Colvin reported over the weekend he was contacted by someone who desired to contact the Police Department, but not on an emergency basis (911). He was not sure of the appropriate response to that individual considering the fact there is no presence of police personnel in the Police Department in the City Hall building after hours or on weekends. He pointed out citizens want to know what they should do to contact the Police Department over the weekends i TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 3 of 18 in non-emergency situations. He thanked Carol Dickinson, Community Services Manager, for the information she provided on the duplex properties, owned by the City on Washington Avenue, and recently put up for sale. He believed there was some inconsistencies regarding the recent appraisal made on those duplexes. He questioned the sale price of the duplexes? Mr. Overson noted bids received on the duplexes would be opened soon. Mr. Dawkins reported he participated in the Roosevelt Field final event and on Monday morning, August 3, he observed the Navy transporting the mounted "guns" to Bangor for refurbishing, which will later be reinstailed at Hal's Corner. He also observed City crews taking down the wire fencing at Roosevelt Field. He commented there was some sadness in seeing Roosevelt Field going away. Mr. Collins reported on August 11, 7:00 PM, in the City Council Chambers, the U.S. NAVY will meet with affected property owners regarding acquisition of properties on Wycoff, Callow, Montgomery Avenue. Mrs. Hotton reported as Mrs. Fitz reported, she did attend the AWC Conference on Growth Management. She felt it was a shame that they received information "after-the-fact" considering the fact that everyone had already completed their Policy Statements. She noted there were several items in the Policy Statement that she would like to change if there was another opportunity, but she did not see that happening for awhile. Overall, the workshop was very informative and there will be another conference on the next phase and again it will be "after-the-fact". This date she attended the Kitsap Regional Council meeting and during the Department Of Health's segment received copies of a brochure titled "WALKS AGAINST AIDS". The Coast Columbia-Olympics Aids Services Task Force will host a fund raising walk on Saturday, September 26, 1992, with registration at 8:30AMand walk staring at 9:30AM- from the First Street Dock/boardwalk in downtown Bremerton. Anyone wishing additional information may call the Health District or 1-800-874-AIDS. A poster and additional sponsorship forms will be posted in the City Council office. PUBLIC RECOGNITION Mayor Louis Mentor read a Proclamation, subjected by Carl Glazer who is attempting to get it recognized Nation-wide, proclaiming August 16, 1992 as "SIBLING DAY". Carl Glazer accepted the Proclamation. Mayor Mentor reported the Community Service Program has been TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 4 of 18 underway one week and one person has completed their directed time and a second one will finish this date. He will provide more updates in the near future. This past weekend he participated in the farewell event at Roosevelt Field. Puget Power held a successful Soap Box Derby event on Saturday on Fourth Street and he expounded on the great time all the young people had and the dedicated workers who support this annual event. He commended Councilman Dawkins for his donating trophies for this event...every child who rode in the race received a trophy. He attended the Turner Joy Reunion held on Saturday evening. Today, he attended the "Open House" at the new Kitsap Lake School. He was very impressed with this new school and schools in general in the Bremerton area. He noted Dr. Boyd commented on the outstanding cooperation the School District had with City departments during this project. Melissa Anderson, Bremerton Animal Control, announced they do have puppies available for adoption. She announced all cats and dogs in the City of Bremerton must be licensed by the end of August. Don Atkinson, Bremerton Main Street Association, reminded everyone of a special pet event at the Sunday Farmer's Market on August 9. On Thursday, August 6th, the Lady Washington will be open for tours from 5:30 - 8:00 P.M., and Concert On The Dock will take place from 6:00 - 7:00 PM (the last concert for this season). He cautioned people coming to the waterfront area for the various activities to consider coming early to find parking due to the impact of people heading to Seattle for the 6:00 P.M. pre-season Seahawks game in the Kingdome. Cecil McConne11, Almira Drive, expressed concern regarding an unlicensed day care facility at the corner of Almira Drive and E. 33rd Street. He did contact the Planning Department and asked them to investigate whether or not that facility was a legal use in a residential neighborhood. If the facility was a legal use, he challenged the number of children it is serving and whether or not it was actually licensed by the State. If it was licensed by the State, then they were exceeding the numbers of allowable children. He noted the resident had three of her own children and a description of a Family Day Care Home is a home that regularly provides care during a part of a 24-hour day for six or fewer children or adults including those of the provider. It has been observed the day care provider has been accepting from 9-12 additional children daily for approximately 2 1/2 weeks. Minimum parking requirements for a day care center is one space per five children plus two loading and unloading spaces without backing up. He also pointed out a driveway located within a TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 5 of 18 residential front or side yard shall be no more than 20 feet in width and shall not be used in calculating the number of required parking spaces. He emphasized this particular property only had a very steep driveway and he has observed people parking along the street and exiting their children from vehicles on the traffic side of their vehicle. Approximately 10 days ago he contacted the Mayor's office and expressed his concern over this situation. Mayor Mentor responded to Mr. McConnell that the City had issued a letter of Non-Compliance and that the people running the day care had applied for a business license. Mr. McConnell stressed the activity, based on the City's Zoning Ordinance, is in violation on several different counts and should not be allowed to be in operation without a business license or day care license. He did check with the State to see if the facility was licensed and at that time it was not listed in their computers as being licensed. The City's Zoning Ordinance specifically states that such a facility must be licensed by the State, meeting all State standards, prior to the City issuing a day care usage permit. He also pointed out the subject residence has only one bathroom facility. He and the surrounding neighbors are quite concerned that if this use is not stopped while it is illegal, they will manage to somehow make it legal. He reminded everyone of the other day care facility located just down the street from Almira Drive. He felt strongly that the heavy traffic use in that area was a threat to the safety of children being moved in and out of that facility. He requested a written explanation why the City has not issued a Cease and Desist Order on the operation until such time as they might make it legal. He presented Council with a signed petition from area residents objecting to the use of a day care facility being allowed in a residential area without having been properly licensed as an approved use. President Horton requested Ms. McCluskey pass this request onto the Planning Department for a response. Don Larson, President Kitsap Dive Association, expressed concern that the City was being told by the Corps of Engineers that an underwater reef could not be considered as mitigation for the overwater park project. He announced a new organization has been formed of all the area scuba diving clubs called "Washington Scuba Alliance". The intent of this group is to help create some underwater parks. They would like to work with the City of Bremerton towards getting an underwater reef established. He outlined some of this groups connections for obtaining underwater reef building materials. He reported Kitsap Diving Association purchased a granite block in the Centennial Park, as did Sound Dive and Underwater USA (located in Bloomingsberg, PA.) He referenced the June TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 6 of 18 issue of Underwater USA and an article about Pacific Northwest diving in Washington. He urged the City to keep Underwater USA informed of any progress being made to locate an artificial reef in Bremerton because they could provide national news coverage. 6A - INFORMATION ITEMz AMENDMENT TO KITSAP COUNTY COMPREHENSIVE SOLID WASTE PLAN -- ANNIE BRINGLOE, #AB92-194 Annie Bringlos, Kitsap County, announced the next Household Hazardous Waste Roundup will be held: September 9 and 10 - Fred Meyer parking lot; September 25 and 26 - Silverdale/Kitsap Mall; October 2 and 3 - Bainbridge Island Lutheran Church Parking Lot; October 9 and 10 - South Kitsap Mall. Kitsap County has a new service coming for owners of small business who may have small quantities of hazardous waste. They have designed a first in the nation program, funded by the Department Of Ecology (DOE), collecting small quantity generator small business waste one day per month at the Brownsville Treatment Plant. These collections will be subsidized in terms of the planning - businesses must pay for the disposal, which will be very cost efficient. It will cost them no more to dispose at the Brownsville plant than if they had to truck it to Seattle or Bremerton. To qualify, businesses must call Holly Rich at Bremerton/Kitsap County Health District to become pre-qualified to participate in the business waste collection program. The reason why businesses would want to dispose once per month, is that keeps them in the small quantity generator category, lessening the amount of money they have to spend for disposal and the "mountain" of paper work it requires. This new program will start the end of August. The County started work on the Plan Amendment March 1991, as a result of passage of Bill 1671 - Don't Waste Washington Act, which required each County to come up with a Solid Waste Plan Amendment addressing all of the recycling requirements in that bill. The County decided to write the plan themselves, with the help of the Solid Waste Advisory Committee (SWAC). There was one concern in the plan that Bremerton's representative voiced to SWAC... that the plan would require recycables be picked up every week and Bremerton wanted the option of doing it on a different schedule. The Plan was changed and emphasized a basic list of recyclables, which are subject to the market climate. The Department Of Ecology does not require anyone but the cities and the County Commissioners to approve the plan prior i TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 7 of 18 to their approval. However, they would like the other entities, the Navy and Tribes, to give there approval, if they can. At this time, there has been some objection by the Suquamish Tribe that involves a boundary dispute as shown on maps used in the plan. There are approximately 5,000 non- Indians living within the historical 1855 boundary of Tribe lands, who are paying taxes. The County Commissioners feels they deserve representation and services from the County and it is those people the County is doing solid waste planning for and desire to have that reflected in the plan. Ms. Bringloe outlined some of the features of the plan: (1) yard waste program (the County intends to build a yard waste facility if the private industry in this area does not provide that facility); (2) materials recovery facility (if this is not provided by private industry, the County will build such a facility and probably contract out its operation). This plan will get the County as close to 50% reduction of waste by 1995 as Kitsap County can afford. The County must look at County residents needs and do the best we can considering how far away this area is from recycling markets. Recycling markets are softening which requires being more inventive and attract more industry to this area. Chapter 12 of the Plan is the "implementation" chapter and contains the items the SWAC decided were to be accomplished in the five-year plan. Along with the implementation plan is a proposed budget that covers everything except the moderate risk waste costs,i.e., household hazardous waste collection, that are funded through DOE grants and the County. Some interesting things will be coming when the County landfills are closed and looked into more carefully by DOE. They are currently working on Bainbridge on a remediation and she believed the Hansville landfill will require a lot of expensive work as well. Those items are not included in this amendment, but are found elsewhere in solid waste planning documents. Mr. Overson referenced page 105 of the amendment and pointed out Bremerton's rates were not included. Ms. Brinqloe stated at the time the amend was published they did not have Bremerton's rates. When the final amendment document is printed, information items such as that will be included. Mr. Colvin questioned how much would it cost for disposal of household hazardous waste at the Waste Roundups? Ms. Bringloe stated if such items are brought to the Hazard Waste #2175 TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 8 of 18 collections, it is free for householders. funded through County and DOE funds. This program is all Mr. Johnson stated the City has been working with the County through this whole process and assured everyone that cooperative efforts between governmental entities can be successful and end up with a good product. Most of the action items to be done by the City are done, i.e., paper work, contract with Brem-Air Disposal, Inc., and the only things to do would be to "turn on" programs...when do we start the curb side program, yard waste program, etc. Besides all the program data in the amendment, the City retains its authority and rights to run the collection system for all types of wastes in the City as long as we contribute to the waste distribution system that is run by the County. He questioned if that was still valid through this amendment? Ms. Brlngloe stated yes and there is no flow control ordinance, therefore, if Bremerton found a less expensive place to deposit solid waste collection, the City had the right to make that decision. The County is always willing to be helpful in any area they can and have a great deal of information as to what other cities and counties are doing...what is working and what isn't. They have a full time graphics specialist who could provide assistance in developing educational programs. 7A - APPOINTMENTS TO ~NIFORM CODES APPEALS BOARD, #AB92-195 A nine member Uniform Codes Appeals Board needs to be established. I recommend the following citizens be appointed to that board: Larry Hall, Mike Brown, David Fergus, Derrick Crawley, Steve Gaulke, Charles Laubach, Kathy Schoonover, Donna Adams, and Barbara Boyd. Mayor Louis Mentor stated for clarification that the Uniform Code Appeals Board is made up of five members with a nine member Housing Advisory Board. The first five members listed will serve on the Uniform Code Appeals Board and all nine of the listed individuals will serve on the Housing (Code) Advisory Board. He felt very fortunate to have all of these individuals volunteer to serve the City. He urged Council's confirmation of the above named individuals. Public comment - none. M/S/C/U(Waibel/Colvin) to confirm the appointments to the Uniform Codes Appeals Board. #2214 M/S/C/U(Johnson/Colvin) that the City Attorney bring back in TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 9 of 18 60 days a revision to the ordinance that establishes the Appeals Board to include residency requirements in conformance with City Code. 7B - PROFES8IONAL 8ERVICE8 AGREEMENTBETWEEN CITY OF BREMERTON AND PARAMETRIX, INC./ON-CALL ENGINEERING SERVICES, #AB92-191 The Utility, in order to meet its continuing commitment for providing utility services to the community, has a requirement for professional engineering services. These services are necessary as a result of increased work load and the resignation of the Utility's Technical Services Manager (Assistant Director). The proposed scope of work for engineering services shall include, but not be limited to: - Pipe hydraulic and capacity analysis; Review of plans and specifications for compliance with Utility Comprehensive Plan; Review of plans and specifications for compliance with federal, State, and municipal codes; Provide on-call inspection and field engineering services for water and sewer construction and repair projects; and Other miscellaneous engineering services. on-call water and sewer The estimated cost for professional services is not to exceed $50,000 and shall be limited to an on-call basis as approve by the Director of Utilities. Bill Duffy, Utilities Director, stated this issue is for procurement of professional services to assist the Utility on an interim basis to meet the public's demands with regard to Utility service. Mr. Dawkins questioned if Mr. Duffy needed to spend more than the $50,000 stipulated in the agreement, would he have to come back to Council for approval? Mr. Duffy stated yes, however, he did not anticipate going over that amount and hoped to reduce that cost substantially by using in-house engineering staff. Mr. Johnson reported Fiscal and Budget Committee recommended TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 10 of 18 a 120 day limit, however, he did not have any objection that it go to the end of December 1992. Public comment - none. #2346 M/S/C(Overson/Neville) to approve the attached proposed agreement between the City of Bremerton and Parametrix, Inc. for on-call engineering services and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures, provided the contract will not be utilized until Engineering Department confirms it is unable to provide the service. Mr. Johnson stated he believed the City's Engineering Department is capable of handling the work, however, he questioned if that would impact other work currently underway? Mr. Overson stated he suspected the Engineering Department would prioritize their work load. President Herton noted there may be some impact to projects underway, however, if they are of the nature that could be put off for a short time she felt it was better keeping that money in the General Fund than to pay an outside consultant. Mr. Johnson stressed he believed the City has several major projects coming up that are not running ahead of schedule and need lots of engineering work. Vote on motion: Motion carried. In Favor: Opposed: Abstain: Overson, Neville, Fitz, Horton, Dawkins, Colvin, Johnson Collins Waibel 7C - LABOR ~GREEMENT BY ANDBETWEEN THE CITY OF BREMERTONKND BREMERTON POLICE MANAGEMENT A8SOCIATION 1992-1993, #AB92-196 The attachedLabor Agreement between the City of Bremerton and the Bremerton Police Management Association has been negotiated in conformance with Council direction and covers a two-year period beginning January 1, 1992 and ending December 31, 1993. Changes to the existing agreement are as follows: PREAMBLE ARTICLE 1. ARTICLE 2. ARTICLE 3. ARTICLE 4. No Changes DISCRIMINATION ALLEGATION No Changes RECOGNITION No Changes ASSOCIATION ACCESS No Changes WAGES Changes as follows: 6% January 1, 1992 plus 3% to increase TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 11 of 18 differential over Sergeant 90% of Seattle CPI-W July 1992 Index; Minimum 2.5% -- Maximum 6% January 1, 1993 plus 3% to increase differential over Sergeant Time between the two-step plan decreased from two years to one year ARTICLE 5. ARTICLE 6. HOURS OF WORK VACATION LEAVE No Changes No benefit change Inapplicable language removed ARTICLE 7. ARTICLE 8. HOLIDAYS No Changes SICK LEAVE AND INDUSTRIAL DISABILITY Added father may use three days upon birth or adoption of child Added use up to five days per year for family member adult care Removed language repeating LEOFF II Industrial Disability law to statement that benefits will be provided pursuant to State law ARTICLE 9. ARTICLE 10. ARTICLE 11. OTHER PAID LEAVE RETIREMENT BENEFITS INSURANCE BENEFITS No Changes No Changes Same Plans and premium payment arrangement Language changed to reflect current conditions ARTICLE 12. CLOTHING AND UNIFORM CLEANING ALLOWANCE Changed to provide the same uniform arrangement as Sergeants and officers receive ARTICLE 13. ARTICLE 14. ARTICLE 15. ARTICLE 16. ARTICLE 17. ARTICLE 18. ARTICLE 19. ARTICLE 20. APPENDIX A. APPENDIX B. PERSONNEL PRACTICES ACADEMIC INCENTIVE MANAGEMENT RIGHTS GRIEVANCE PROCEDURE SEVERABILITY ENTIRE AGREEMENT CONFLICTING PROVISIONS No Changes No Changes No Changes No Changes No Changes No Changes No Changes TERM January 1 1992 - December 31 1993 WAGE RATES (See ARTICLE 5) POLICE OFFICERS BILL OF RIGHTS No Changes #2589 TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 12 of 18 Caroline Marshall, Personnel Director, reported effort on this contract has been underway for 13 months and had gone through various negotiation sessions. She noted one minor typographical error to Article 11. Mrs. Fitz pointed out for the public's information this contract is retroactive to January 1992. Public comment - none. M/S/C(Waibel/Fitz) to approve the Labor Agreement by and between the City of Bremerton and the Bremerton Police Management Association for the period January 1, 1992 through December 31, 1993. Vote on motion: Motion carried. In Favor: Overson, Neville, Fitz, Waibel, Horton, Collins, Dawkins, Colvin Opposed: Johnson 7D - AUTHORIZATION TO FILL POSITION OF ACCOUNTING ASSISTANT I (UTILITY BILLING), #AB92-197 City Council Resolution No. 2383 provides for formal approval for filling vacant positions. The Utility is requesting formal approval to fill the position of Accounting Assistant I (Utility Billing). The position is currently unencumbered and is being staffed with temporaryhelp. The temporaryemployee currently filling the position terminates her employment as of July 15, 1992. This position is necessary for the operation of the Utility in providing utility services to the community. Bill Duffy, Utilities Director, explained in the past this position had been manned by a temporary employee due to a Register not being established for that position. Since that time, a Register has been established and he desires to fill the position with a full time employee as opposed to continuing with a temporary employee. Mrs. Fitz questioned if the Utility had been without anyone in the position since July 157 Mr. Duffy stated yes, the temporary employee moved out of the area. Public comment - none. #2697 TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 13 of 18 M/S/C/U(Dawkins/Colvin) to approve the Utility's request to fill the position of Accounting Assistant I and authorize the Utility to proceed subject to City Administrative Policies and Procedures. 7E - DIAMOND PARKING CONTRACT AMENDMENT, #AB92-198 The City will assume ownership of the Bremerton Lumber site on August 1, 1992. Diamond Parking currently manages other City parking lots. This addendum adds the Bremerton Lumber site to the Contract to be managed under the same terms and conditions as other City locations. The contract expires March 31, 1993. Kathleen McCluskey, City Clerk, stated the City would either be rebidding or reviewing the contract for in-house operation between now and March of 1993. The Fiscal and Budget Committee requested adding to the contract a clause clearly stating that Diamond specifically agrees to provide the City with a separate accounting for all revenues received from the Bremerton Lumber site so as to be in compliance with the Ordinance requiring that money be accounted for separately. Mr. Johnson questioned when the property transferred from Olympic College to the City did the waivers for parking lot design characteristics previously granted to the Bremer Trust transferred along with the property. Ian Sievers stated yes. If the City wished to implement that plan, it could. The City can also continue with the non-conforming use, which that site has always had. Mr. Dawkins questioned if the 110 stalls were all out in the open and would be serviced under this contract? He also questioned what about the other 50 spaces proposed for the site after demolition of the building? Ms. McCluskey stated the issue of building demolition will be coming back to Council and the second decision will be the cost effectiveness of putting in parking on that cleared site. A shorelines permit for demolition of the Bremerton Lumber site building has also been obtained and quotes are being obtained for the actual demolition activities. President Horton questioned when would that item come before Council? Ms. McCluskey stated in 2-3 weeks. Mr. Overson questioned if there had been any commitments made by the previous manager of the parking spaces so that Diamond will be prepared to honor them? Ms. McCluskev stated as of August i it is a whole new deal. When the City took over that property the rates and monthly parking fees were up to the City to set, which they did and at a raised rate. She did have administrative authority to raise parking rates and i TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 14 of 18 previously the rates were very low in that area, which actually is premium parking and very close to the ferry terminal. A monthly parking fee of $60.00 and daily parking at $4.00 has been posted. Mr. Overson questioned the number of vacancies on that site at this time? Ms. McCluskey stated none. Mr. Colvin questioned if there was any short term parking on that site? Ms. MoCluskeV stated she was not sure and was looking into that matter. She understands there is some interest in allowing some of those spaces to be available for short term parking. President Hotton stated she believed somewhere along that area the City has to provide eight parking spots for the Turner Joy-boardwalk and marina. Ms. McCluske~ states yes, there is some requirement for that type of parking and the City may want additional short termparking due to other activities in that general area. Mr. Collins emphasized the City had profited from Diamond's management of City parking lots. Public comment - none. #3001 M/S/C/U(Johnson/Colvin) to approve the Diamond Parking Contract Amendment. 8A - RESOLUTION NO. 2400, FINAL APPROVAL OF THE ,,PARKHURST COMPREHEN8IVE PLAN AMENDMENT- FROM LOW-TO-HIGH DENSITY 8OUTH OF RIDDELL ROAD AND EA8T OF PINE ROAD, #AB92-199 Following its public hearing and deliberations on July 22, 1992, the City Council voted to approve an amendment to the City's Comprehensive Plan Map. The amendment was requested by Irvin Parkhurst for an area along the south side of Riddell Road and extending from the current City limits westward to Pine Road. With approval of the accompanying Resolution, the Comprehensive Plan designation of this area will be changed from "RESIDENTIAL, 0-7 Dwelling Units per Acre" to "RESIDENTIAL, 15-30 Dwelling Units per Acre". Ron Hough, Planning Manager, stated this action was follow up to previous Council action. He noted a minor change had been made to the second page of the Resolution - deleting the Mayor's approval line. Mr. C01vin questioned if there was any provision in this proposal to require improvements to the road or to construct sidewalks? President Hotton stated the subject project was approved by the County and they addressed those issues in their approval process. She stressed this is a Comprehensive TAPE #1045 City Council Reg. Mtg. Minutes August 5, 1992 Page 15 of 18 plan Amendment and the City has no jurisdiction over anything that is a "County" project. Mr. Collins stated the City was being blackmailed to give the project water. president Horton stated the County did raise and address the concerns brought out by Council- Mr. Colvin questioned if the County would require such improvements? Mr. Overson stated he believes the County has talked about putting those amenities in through their approval process, but the City did not have any validation to that. By the alternate consideration, we don't want to take water away from people who need it. president Hotton stressed those kinds of things are not included under a Comprehensive Plan Amendment and can be included when the City makes changes in zoning. Additionally, this issue had already completed the pubic hearing process and was approved, now this is only a matter of bookkeeping to codify Council action at the hearing. TAPE #1046Mr' johnson stated when the vote was taken on this issue he abstained and doubted that there was a majority of affirmative votes. president Hotton stated the vote was three affirmative, one opposed and four abstentions. Mr. Waibel had stepped down from this issue due to his not having heard the prior hearing. Mr. Johnson stated he would continue to vote no because a buffer was suppose to be created around the City and is not suppose to be made up of high density residential and commercial developments, as is being foisted upon the City by the County. president Hotton stated then that means Bremerton will annex to Silverdale! Growth Management states if growth boundaries are separated, you need a buffer between growth boundaries. At this point, there is no buffer any where between Bremerton and Silverdale. Bremerton did a identify a preliminary growth boundary, which was rejected by the County. Mr. Overson stated the crux is the Capital Facilities Plan - the City's water facilities. Mr. Johnson stated if City resources are limited then they would only go to people living in the City. Roy MoInnis, 2711 Maple Street, stated he was glad to hear Mr. Collins state that the City was being blackmailed to provide water to the subject project...he was sure we were. He was sorry to hear president Horton make a statement concerning annexation because as properties are annexed into the City, the City will eventually have to extend a lot of services. He questioned "are we financially able to do that at this time"? He doubled seriously that the City was financially able. president Hotton assured Mr. McInnis if the City annexed Silverdale there would be no problem to finance such expansion. Mr. McInnis stated he would like to know how does the City benefit from it when we do it? #0158 TAPE #1046 City Council Reg. Mtg. Minuts August 5, 1992 Page 16 of 18 M/S/F(Dawkins/Fitz) to pass Resolution No. 2400 to complete the decision that was made on July 22, 1992. Vote on motion: In Favor: Overson, Fitz, Dawkins, Horton Opposed: Neville, Collins, Colvin, Johnson (Note: Mr. Waibel originally voted no but due to his not reviewing the prior hearing tapes, his vote was deleted.) Motion failed. President Horton raised a point of order and pointed out Council was simply codifying prior Council action. She questioned "where do we go from here"? Ian Sievers, City Attorney, stated first, he needed to know if the Council members who voted this time had reviewed the official tapes of the previous hearing. Mr. Overson stated he had reviewed the official tapes of that hearing and Mr. Waibel stated he had not. Mr. 8ievers stated that then left a 4-4 tie. He believed the rule was to rehear the proposal, however, he was sure there was no point in doing that. President Hotton pointed out Council could let the no vote stand and then standby while Mr. Parkhurst sues the City. Or, someone in the presiding side (a "no" vote) could ask for a reconsideration of the vote. Mr. 8ievers stressed there was no real point in rehearing this issue and that is usually done based on grounds for reconsideration raised by the City Council. Apparently, the Council members who abstained just reconsidered this matter on their own - the end result may have been different if the Resolution had been presented at the time of the hearing; and with the passage of time there simply has been a change of heart. The Resolution is simply implementation of the hearing results and is the vote that counts (which failed). Council can reopen the public hearing to take further testimony, otherwise the motion failed due to the lack of a majority. Mrs. Fitz stated the Council members who abstained the last time should have voted no if that was their conscious, then we would not be in this position. President Hotton stated she agreed with Councilman Fitz. Irvin parkhurst stated he had worked on the development of his project for i 1/2 years and had been jerked around by the City Council in spite of the fact that he has North Perry water running right by his property. The North PerryWater District indicated they would be happy to service his project and all that they needed was an agreement between the City and North Perry Water District agreeing to allow them to service Mr. Parkhurst. President Hotton emphasized the City was not the t TAPE #1046 City Council Reg. Mtg. Minuts August 5, 1992 Page 17 of 18 ones "jerking" Mr. Parkhurst around...the County approved the project prior to the County instructing him to come to the City. As far as she was concerned, at this point, he did not have a project without water and he never did. Mr. Dawkins raised the point that State law says if one jurisdiction will not provide water another jurisdiction can. Mr. Sievers stated Mr. Parkhurst may have an option and he would like to discuss that with the Utilities Director. Bill Duffy, Utilities Director, stated Mr. Dawkins statement was not the case due to the fact the City has a formal agreement with the North Perry Water District where service areas have been established. The area south of Riddell Road resides in the City's service area. Mrs. Fits stated then if it resides in our service area but we are not going to service people who need the water what good does it do the people who need the water. Mr. Sievers stated we are willing to provide water service but not for this development and the City does shepard its resources for developments that are or willing to be in the City - that is why Council has passed that condition for providing service as a reasonable condition. The City has not denied him service, it is simply that he has not met the condition of this project to meet City requirements for extending services. President Hotton stated there is no way Mr. Parkhurst will meet City requirements, however, the project located next to his site did get water and did not comply with any of the City process. Mr. Parkhurst did go through the City process and now he is being denied a service. Regardless of how Council feels about differences with Kitsap County and in growth management, if someone does not reconsider a vote we are letting ourselves in for a lawsuit, which she felt was deserved at this point. She again asked one member of the individuals who voted "no" to ask for a reconsideration of the vote. Mr. Johnson requested reconsideration of the vote (under protest) and stated he was fed up with high density development on City borders and had this project not been well underway he would not have offered this request. He will not support the proposal and will cast an "abstention" vote. Mr. Collins stated he felt the City could retain its dignity by saying, by Resolution, that North Perry Water District would be allowed to service Mr. Parkhust. President Hotton and Mr. Johnson emphatically stated NO. Mr. Dawkins stated there is one way to look at this if we go along with the first vote we won't have to worry about any more rezone hearings because lots of people will no longer come to the City. He believed the City was "shooting itself in both feet". Mr. Overson stated he did not mind "shooting" himself in both feet if it does away with indiscriminate growth. If the City can 0530 #0564 i TAPE #1046 City Council Reg. Mtg. Minuts August 5, 1992 Page 18 of 18 get rid of the "Fred Meyer personal stoplights", it is worth it. President Morton stressed this was not the forum and if there isn't a solution in the urban growth areas and annexation policies, the City can appeal to the State Appeals Board. Mr. Overson stated by the time that works, Kitsap County will look like King County. The intent of the Kitsap County Commissioners is to develop the whole County and is already included in the plan and anything outlined under Growth Management they reject. Mr. Colvin stress to Mr. Parkhurst that this vote was not against him personally. President Morton noted Mr. Parkhurst got caught in political cross-fire. M/S/C/(Johnson/Fitz) to reconsider the vote on the original motion. Vote on motion: Motion carried. In Favor: Neville, Fitz, Collins, Dawkins, Colvin, Johnson Horton Opposed: Overson M/S/C(Fitz/Dawkins) to approve Resolution No. 2400, amending the Comprehensive Plan Map of the City of Bremerton in the vicinity of Riddell Road, east of Pine Road (Parkhurst CPA-03- 92) Vote on Motion: Motion carried. In Favor: Opposed: Abstain: Fitz, Dawkins, Colvin, Horton, Overson Collins, Neville Johnson With no further business meeting adjourned at 7:30 P.M. KATHLEEN L. McCLUSKEY, City Clerk R~'~-~ TON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault