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HomeMy WebLinkAbout07/22/92TAPE #1041 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0015 #0032 JULY 22, 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, July 22, 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, Morrie 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 Chaplain Ben Belcher of Harrison Memorial Hospital. CONSENT AGENDA A. Minutes of Meeting - July 1, 1992 #AB92-179 B. Minutes of Meeting - July 8, 1992 #AB92-180 M/S/C/U(Waibel/Dawkins) presented. to approve Consent Agenda as 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/Fitz) on July 22, 1992, the Council does approve for payment those vouchers included and further described as follows: 153219, 15220, 153224, 153225, 153243, 153646 through 153667 in the total amount of $60,084.48; and Regular Payroll for the period ending July 15, 1992, in the amount of $510,531.82. COUNCIL MEMBER REPORT8 Mr. Overson stated he was glad to be back in town. Mr. Neville announced on Thursday, the Bremerton Middle School Summer School students will present a play they created produced and directed themselves. The play will be held at Bremerton High School, 7:00 PM. He expressed concern that a crosswalk was no longer visible at 15th and Park Avenue, TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 2 of 29 accessing into Evergreen Park, and he would like the Street Department to re-strip the lines, making it easier for people to access the park from that location. Mrs. Fits reported she attended the Sunday Farmer's Market on the boardwalk this past weekend and found it a wonderful sight to behold. Mr. Waibel reported he spent last weekend in Coeur d'Alene and found it had changed significantly since he visited 25 years ago. He noted "towns can come back" and Coeur d'Alene reflected that in their downtown with lots of shops and businesses open for business. Mr. Johnson noted Council received an update on the Budget Report and things have gone from miserable to worse. For the first time, the City is projecting to be $18,000 "in the hole" by the end of the year. He stressed there are no funds to "beef" that up. Council has yet to receive any budget recommendations from the Mayor and there is a July 29th deadline for the Administration to provide recommendations on actions to take. Council has requested that information since January/February of this year. He would appreciate a good, quick response from the Administration because if Council takes action as the legislative body, it can only take a "broad brush" approach, which may not be the best way. He displayed a pink colored flyer which stated "The cities of Bremerton, Port Orchard, and Poulsbo have a schedule of proposed annexations,..your property could be next. Protect your citizens rights by attending a Kitsap County Commissioner open forum meeting on Monday, July 27. Regardless of your opinion on annexation, your presence is necessary and needed...be there". Mr. Johnson stated he did not know who initiated the flyer, i.e., the County, County staff, citizens group, etc., but it was something that should be avoided. If growth management planning is to be done in Kitsap County, cooperation is needed, not scare tactics. He emphasized Bremerton does not have a schedule of proposed annexations, but it does have a policy that says when an area adjoining Bremerton is using Bremerton services,is an urbanized area, and City sewer and water services are used, they would sometime come into the City. And, there should be an area beyond heavily developed areas that acts as a buffer between rural areas in the County and the City. He did have some good news, as a result of a recent annexation on the west side of Kitsap Lake, the Bremerton Utilities Department has finished a preliminary engineering evaluation for installing sewers where there are a number of failing septic systems and a lot of pollution going into the lake. He will pass this t TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 3 of 29 information onto the neighbors in that area so they can consider some possible L.I.D.'s. Mr. Colvin stated in reference to the flyer Mr. Johnson talked about, if someone is lying about something he would like to attend that meeting to hear what is being said. He thanked the following City employees for responding to citizens in his District: Bill Duffy, Utilities Director, Chief Del McNeal, Mayor Mentor. He also apologized to the Cable Access crew for not being able available to attend their picnic. Today he observed some people walking on Lions Field and picking up trash. Mr. Dawklns related on his way back from Bellingham this past weekend he stopped off at a golf course at Lake Patten. That golf course is located on city watershed property, similar to Bremerton's and its layout was much like Gold Mountain Golf Course. He noted they were experiencing the same problem of too many golfers for the golf course. He did manage to play nine holes of golf before returning home. Mr. Co111ns announced on August 11 the U.S. Navy has agreed to meet with citizens who are being affected by the procurement of land in the Montgomery/Callow area. Tentatively, this meeting will be held in the City Council Chambers and he will provide additional information on time and place at a later date. Flyers announcing this meeting will be delivered to every person living in the affected area. Mrs. Horton reported she attended the Regional Planning Council's Study Session to talk about growth policies in the County. There was some give-and-take on those policies and she suspected the County will adopt what was discussed at that meeting. Basically, the document was .kept the same as presented at the County Commissioners' meeting several weeks ago with the inclusion of verbiage that says "if an area is not annexed due to the lack of required percentage of votes or assessed valuation to come into the City, that we will look at some capacity of revenue sharing in those areas". She emphasized that may not be ideal from the City's prospective, but she believed it was better to have won some compromise than to have gotten nothing. She was disappointed that annexations will continue to be contentious. She felt an opportunity was missed through the growth management policies to put that issue at rest. Mr. Johnson questioned wasn't there still some hope for the opportunity to get some regional cooperation by appealing that to the regional board? Mrs. Horton stated we can appeal that document, however, she was not sure of the positions of the other cities in the County. TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 4 of 29 In reference to the flyer relating to annexation, she believed there is perceived misinformation on both sides because the people in annexation areas feel they are given misinformation and are lied to. She shared Mr. Johnson's opinion that type of meeting should be avoided. Mayor Louis Mentor stated since the first of the year the City has been squeezing, cutting back and tightening our belts trying to come up with ideas to save money as is every other city and County in the State is doing at this time. About six weeks ago, several ideas were presented to Fiscal and Budget Committee, chaired by Mr. Johnson, and one of those ideas was passed by Council last week. More cost savings ideas will be presented and he could not understand the continual "city bashing" when in the next breath there is talk about the cooperation needed between the County and the City and wonderful cooperation between the people and government. He emphasized we all have to cooperate and work together and it doesn't accomplish anything to run down the City. The Mayor pointed out a recent news article in the Seattle Daily Journal Of Commerce headlined "BREMERTON BRINGS BACK THE BRIGHT LIGHTS". This was almost a full page article that talked about downtown Bremerton, the Admiral Theater and various things happening in the City. Reminder - Concert On The Dock will be held Thursday, July 23, along with the Farmer's Market. Mayor Mentor reported the Peninsula Regional Transportation Planning Organization (PRTPO) is made up of Kitsap, Mason, Jefferson and Clallam County, with Kitsap being the only County in the State that belongs to two Planning Organizations. Last year he served as Vice Chairman of that organization and was just named as its Chairman and a City Council member from Port Townsend was elected Vice Chairman. PUBLIC RECOGNITION Don Atkinson, Bremerton Main Street Association, gave an update report on the Concerts On The Dock and encouraged everyone to join in this fun weekly event. Mr. Colvin noted citizens are very enthused about the Centennial granite blocks and bricks. He questioned if theblocks and bricks were still available. Mr. Atkinson stated he anticipated, by the end of August, the granite blocks will be sold out and they still had approximately 2,000 bricks available for purchase. President Hotton noted she has had several people ask or tell her that they have not been able to locate their brick. Mr. Atkinson stated he now has a grid system available that assists in TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 5 of 29 locating specific bricks, which will be posted in the area of the plaza. There is also a grid available at the Naval Museum. President Horton requested a grid key be provided the City Council and Mayor's office in order to respond to citizen inquiries. Richard Chrisinger report the HMS Warspike organization has a granite block on the boardwalk. During recent ground breaking ceremonies for the new Navy Commissary, he provided the shovels for that project and one of those shovels was from the Vietnam War Memorial project dedicated in November 1986. He expressed concern over the obnoxious odor being emitted from the City's wastewater treatment plant. Bill Enger, Puget Power, announced Puget Power is sponsoring a Challenge Series for handicapped children on August 1. The City has granted them a permit to run this event between Pacific and Warren Avenue on Fourth Street from 10:00 AM to 12:30 PM. Standard soap box derby type vehicle are manned by two young people, one being handicapped. Free hot dogs and beverages will be proved. So far 30 individuals have registered to participate in this event. Chad Thomas emphasized the need for the City to provide some type of help for the homeless in Bremerton. He was of the opinion the average citizen doesn't care about the refurbishment of the Admiral Theater, but there is great concern for people who are without homes. Currently, there is only one shelter for homeless men in east Bremerton that houses only 11 people. He stressed there are many people in Bremerton who work for minimum wage, who find "affordable" housing out of their reach. eordy Byrd, 3739 "G" Street Apt. B, Bremerton, WA 98312, related he recently was evicted from his apartment and expressed a special "thank you" to the individuals who helped and encouraged him through this experience. He reported so far he has collected $15,721.31 for'his shelter for the homeless and emphasized no matter how small the donation it keeps his dream moving forward. He also thanked the individual who gave him a ride recently at a time when he was feeling very "low". 6A - PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND METCALF & EDDY SERVICES, INC./BREMERTON WASTEWATER TREATMENT PLAN, #AB92-181 The contract between the City of Bremerton and Metcalf & Eddy Services, Inc. for professional services associated with the operation and maintenance of the Utility's Wastewater TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 6 of 29 Treatment Plant and related facilities expires on July 31, 1992. Attached for City Council's consideration and approval is Amendment No. i to the existing contract. The Amendment provides for the following: extension of the existing additional five (5) years; agreement for an reduction of the profit margin associated with the contract from 11.6% to 9.6%; revision of the cost-of-living calculation (C.P.I.) from 100% of the C.P.I. to 80% of the C.P.I.; correction of the contract language as necessaryto meet existing regulatory and operating condition; and transport of wastewater solids to the Utility's wastewater solids disposal facilities. The proposed amendment is anticipated to reduce the annual base cost for operation, maintenance and repair of the Utility's Wastewater Treatment Plant, Pump Stations and related facilities by approximately $125,000 per year. The cost for the operation, maintenance, and repair for the contract period August 1, 1992 to July 31, 1993 is estimated and detailed below: Base Cost "A" - Operations Base Cost "B" - Repairs Base Cost "C" - Power Base Cost "D" - Solids Disposal $780,000 $150,000 $142,000 $107.668 Sub-Total Annual Base Budget Add: Taxes (1.2% of Sub-Total) Total Fees (9.6% of Sub-Total) $1,179,668 14,156 113.248 TOTAL ESTIMATED ANNUAL BUDGET (Less Rebates) $1,307,072 ESTIMATED MONTHLY FEE (Less Rebates) $ 108.923 Bill Dully, Utilities Director, explained approximately five years ago the City entered into a contract with Metcalf and Eddy Services for operation of the wastewater treatment plant. That contract contained provisions for a renewal option for an TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 7 of 29 additional five year period. He noted the plant has been run in a proficient manner, meeting all Department Of Ecology (DOE) regulations. The plant also received two awards from the DOE as well as certification with regard to the water quality lab, which was not in existence at the start of this contract. He introduced Metcalf And Eddy's Western Manager Chibby Alloway and their Northwest Regional Manager Bob Bruett, and Plant Manger Pat Coxen. Public comment - none. Mrs. Fits stated this item was discussed at the Fiscal and Budget Committee and at that time they suggested several changes in wording, which were included in the document presented. The Committee felt the contract as proposed is a good document. Mr. Overson noted Operations Committee also reviewed this item and it was his opinion that it was a good contract and would result in saving the City money. Mr. Duffv stated Metcalf and Eddy, after five years of experience running the plant, were willing to discuss some cost savings measures for the City. Knowing the product they have to deal with, they thought the percentage of profits could be reduced as well as the C.P.I. He stressed for the past five years Metcalf and Eddy has done a very good job for the City in managing and maintaining the treatment plant. Mr. Dawkins questioned if it was normal for cities, with treatment plants as large as the City's, to have a professional service group operate that service or do you, in time, get your own staff to handle it? Mr. Duffy stated that practice was not real prevalent on the west coast and the only other plant he is aware of is in the city of Vancouver, Washington. However, on the east coast it is a more prevalent practice. He suspects it is a result of moving into the secondary treatment arena. In past years, the City operated a primary treatment plant, similar to most cities in the Puget Sound area. Secondarytreatment plants have been in existence on the east coast for many years. He believes it is a growing industry in the northwest. Mr. Johnson questioned what were the awards from DOE? Mr. Bureft explained the DOE awards were for operations and maintenance excellence of a large 1A secondarytreatment plant (1988, 1990). Also, the plant was submitted against Oregon, Idaho, Washington and Alaska for the EPA Region 10 award and missed that award by one point. #1190 TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 8 of 29 M/S/C/U(Dawkins/Colvin) to approveAmendment No. 1 to Contract No. 2901, Professional Services Agreement between the City of Bremerton and Metcalf & Eddy Service, Inc. for the operation, maintenance, and repair of the Utility's Wastewater Treatment Plant, Pump Stations and related facilities and authorize the Mayor to execute said Amendment, subject to City Administrative Policies and Procedures. 7A - ORDINANCE (FIRST REI~DING) I~ENDING CITY H~LL OFFICE HOURS, #AB92-173 The current ordinance states that all offices of the City will be open for business nine hours daily. While that is true of most offices, some of the smaller two person departments (Civil Service, Personnel, and Mayor) may close for lunch leaving the office open eight hours. Mayor Mentor stated this has been a practice that has gone on for a long time for smaller offices in the City. The intent of this proposal is to bring the ordinance in line with current practice. He proposed a slight change in wording and assured Council he was not closing any offices and was not an effort to save money. If the City was forced to keep those smaller offices open, then it would necessitate hiring someone to cover those times. However, if those offices were closed one of the nine hours, it would not require staffing thereby saving the City money. He urged Council to pass the proposed ordinance so that the City can be in compliance with the ordinance. Mr. Johnson stated the change in wording was better but not good enough. What it says is that even though Council says we are going to set when City Hall will be open,someone may find an office closed that they wish to do business with. We don't want to start scheduling offices open only on "Tuesdays afternoon", etc., Over time, some Mayor will use that flexibility to his advantage and will end up with some citizens who do not receive services they desire. He agreed with what the Mayor wants to do, however, he did not agree with the words as presented. Mr. Waibel pointed out there is a statement in the Ordinance that stipulates office must be open less than nine hours. He suggested adding the wording "for lunch". President Horton stated perhaps between now and the time the ordinance comes back for second reading Mr. Johnson could come up with some acceptable wording. Mr. Johnson stated if he had a choice he would leave it like it was. i TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 9 of 29 Public comment - none. Mr. Waibel suggested changing the last segment of the paragraph to read" ..... and except on those occasions when the Mayor determines that insufficient staff is available and the office will be open no less than eight hours". Mr. Johnson stated he still had a problem and what he sees happening is if City Hall is open after the Shipyard starts work and closes down about the time the first shift gets off, the only time those workers can do City business is on their lunch hour. If offices are closed during the lunch break, people may be prevented from concluding necessary business, similar to what is experienced with the Postal Service. He stressed that the City needed to be open so that a person working a normal shift could make contact with City Hall to transact business. Mr. Dawkins stated if Council approved this ordinance and later decided they didn't like it, they could change it. Mr. Colvin stated we have to service the citizens and so why not make it convenient for them. President Hotton pointed out the dilemma lies in the fact that everyone has a different opinion on how we best serve our citizens. Mayor Mentor has asked for the latitude that in certain instances offices be open less than nine hours to allow for lunch breaks. Mrs. Fits questioned what brought this issue up, did someone complain about City Hall hours? Mayor Mentor explained this was just a "house keeping" type action. Considering the amount of discussion and dissent over this issue, he wished he had not attempted to bring the ordinance in line with current practices. Mr. Waibel pointed out due to his working outside of Bremerton, the City could not be open long enough for him, as a citizen, to do business on a normal work day. What brought this issue up was the fact the City has not followed the ordinance for some time. He questioned if Council needed a committee to rewrite or modify the ordinance? #1654 M/S/C(Waibel/Fitz) to approve Ordinance on first reading amending BMC 2.02, with the following revision: last line in Section 2.02,010 will read "...and office hours will be no less than eiaht hours to allow for lunch". Mr. Overson questioned if that was a better statement than allowing one hour for lunch? t TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 10 of 29 Mr. Collins stated he had a problem that insufficient staff might be available or that we hang a "out-to-lunch" sign on City Hall. He was concerned that the wording in the ordinance did not state what the City was going to do. It states "staff" and staff is all inclusive including the Mayor's Secretary and everyone in Ms. McCluskey's office. Mr. Waibel pointed out it states "and an office", not "City Hall" will be open less than nine hours. Mr. Dawkins pointed out when he served as Mayor he and his secretary varied their lunch hours so that someone would be in the office most of the time. Mr. Colvin questioned Mayor Mentor's opinion of the motion as amended by Mr. Waibel? Mayor Mentor stated the motion was fine. Vote on motion: In Favor: Waibel, Collins, Dawkins, Colvin, Overson, Neville, Fitz, Horton Opposed: Johnson 8A - PUBLIC HEARING AND ORDINANCE (FIRST READING), RIGHT-OF- WAY VACATION -- YKNTIC AVENUE NORTH OF THE INTERSECTION OF PATTENAND HARTFORD; APPLICANT: THELMAWADE 8ERRY, #AB92-183 The City Commissioners, during the regular meeting of March 27, 1968, approved a request to vacate a portion of undeveloped Yantic Avenue right-of-way requested by the Serrys who are the adjoining property owners. The vacate was never completed. Because over twenty-four years has elapsed, a new public hearing is being conducted to review the previous record, and adopt an ordinance. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with Councilman C. R. "Tiny" Collins stepping down and all remaining Council members being seated. Jack A11inuham, Current Planning Division, stated the recommendation made by the City Commissioners on March 27, 1968, was for approval of the requested vacation, however, an ordinance that would finally implement this vacation was never passed. Because over 20 years has elapsed, staff recommended that another public hearing be held at this time to re-review this issue. Essentially, nothing has changed in the right-of- way vacation request. Current Planning staff recommends approval of the right-of-way vacation and the Engineering Department did not identify it as needed for any future right- t TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 11 of 29 of-way needs in that area. Therefore, the recommendation is to approve the right-of-way vacation subject to the conditions listed in the proposed ordinance. Thelma Berry briefly reviewed historical background on allowing the easement for residents living above Mrs. Serry's property. At the time that easement was granted Mr. Fred Schoneman was in charge of the Street Department and assured Serrys at that time that the City would never be able to put Yantic all the way through and saw no objection to the City granting her street vacation request. Don 8erry, 4124 20th Street, son of Thelma Serry, related it has become necessary for his mother to dispose of some of her property in order for her to maintain herself in her residence. She had always believed, since 1968, that a portion of Yantic Street had been vacated and belonged to her. When they started to make arrangements to dispose of a portion of her property, it became obvious that the final legal action of 1968 had not been done and that she was not paying taxes on that piece of property. When this was learned, he talked with the City Engineering Department personnel and Councilman Tiny Collins and questioned what happened? After further investigation, it was determined that the final action by ordinance had not taken place. In order for his mother to sell property at the top of the hill, it will be necessary for her to have that right-of-way vacated. Public comment - none. #2140 M/S/C/U(Dawkins/Colvin) to approve Ordinance, on first reading, vacating a portion of Yantic Avenue, subject to the following conditions: (1) The applicant shall quick claim to the City that parcel as compensation (deleting the wording: The applicant shall pay compensation as established by the City Attorney's Office prior to second reading thereof). (2) Necessary easements for existing and future public utilities are hereby reserved. (3) An easement will be granted across the private drive to the exchange property site. Mr. Waibel questioned if there were legal requirements dictating the amount of remuneration for abutting owners of City rights-of-ways? Ian Sievers, City Attorney, stated the City is entitled, by State law, to charge one half of the value of dedicated right-of-ways. During Council's Study TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 12 of 29 session prior to this meeting, Councilman Collins suggested the #1 condition be amended...that Council follow the initial decision of the City Commissioners, which was to accept that portion of the applicant's property to the west of the private drive in lieu of payment. He stated he felt he could support that recommendation. That piece of property is probably not of much value to the City except as open space, however, it could be sold to Parcel B for use in its development. He felt it was worth the risk to try and market it to Parcel B because it appeared to equal the area of the portion of Yantic Avenue being vacated; and only one half of that area would have to be vacated in an equal exchange, according to State law and City policy. That would compensate the City for some risk and remarksting it to Parcel B. He suggested changing the "compensation condition", under Section 2 to say: "that the applicant quick claim to the City that parcel for compensation". Mr. Waibel requested that amended wording to Condition #1 be included in the motion. Councilman Dawkins and Colvin concurred in changing the motion to reflect that wording. Mr. Colvinquestioned if the City had originally paid for a portion of that property? Mr. Dawkins noted that area had already been platted but never used. Mr. Sievers stated that was the nature of dedicated right-of-ways...the City never owned it but was dedicated as easement right-of-way to the City when the City approved or granted the opportunity to subdivide the lots and put in roadways. The property owner still has some interest, equal to one half of the value when it is eventually vacated. Mr. Overson questioned if the property being exchanged was large enough for a single family dwelling? Mr. Allingham stated that area exceeds the minimum density of 4,800 sq. ft., however, the topography of that property would severely limit development of a residence. Mr. Overson pointed out it could also be a challenge to an architect to create something challenging. He wondered if the property should be accepted as proposed and then sell it to whomever is willing to pay the price. Mr. Sievers stated the City could follow the standard surplusing procedure if it has the market value on the open market instead of a negotiated sale to Parcel B. The only impediment he sees would be access to that property because the right of access off the private drive was not reserved. The applicant could be asked to allow a common easement for that parcel for a private drive as an additional condition. Mr. Overson stated he felt that would be appropriate and supported adding it to the motion as an additional condition. Mr. SerzTpointed out lots 33, 34, 35, 36 and 37 are serviced by the supposedly private road as the only access. In talking i TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 13 of 29 with the City Engineer, it was indicated the City was not particularly interested in taking over that road because it was not the standard width. He emphasized the City did build and pave the existing road, however, at this time the City does not want to accept it. He believed at some time the City would have to accept some responsibility for the road. It was always his mother's .contention that she gave the City that road in place of Yantic, which could not be built due to the severe grade. President Hotton stated for clarification that the question was would Mrs. Serry agree to provide an easement to the property being exchanged in case the City was able to sell that lot for development of a residence. Mr. Serr~ stated that lot fronts on Arsenal Way and there would not be any problem for an easement to that particular pierce of property, although it is very steep. Mr. Waibel pointed out as it stands right now Mrs. Serry is the owner of that easement and until the vacation is completed she would have the right to grant or deny any easement. What is being asked at this time is would she be willing to expand the easement for that private road allowing access to the site being exchanged for the vacation of Yantic? Mr. Serz7 stated he would say "yes" for his mother. Mr. Overson questioned if clarification needed to be made on what in fact is being conferred by Mrs. Serry in replacement for the vacated Yantic Avenue. He stressed Council did not have any legal description of what was proposed to be conferred in 1968 for Yahtic Avenue? President Hotton stated since this item involves an ordinance and requires two readings, staff can provide a legal description at the time of second reading of the ordinance. Mr. Overson questioned if that legal description would be on the east side of the private drive or west side. Mr. Waibel stated we are talking about up to the west side of the private drive. Mr. Sievers stated the City does not own the private road and does not want to accept it at this time. President Hotton questioned if Mr. Dawkins and Mr. Colvin would include in the motion a condition requiring an easement off the private roadway to the exchange property being offered in lieu of payment? Mr. Dawkins and Mr. Colvin concurred in that request. Mr. Johnson stated he was not satisfied over the fact the City does not want to accept the private drive. He believes Mr. Serryhas a point that at some time the City needs to make it a decent road. Mr. Dawkins stated if the City blacktopped the roadway then it should take on the responsibility to maintain it. Mrs. SerrV explained Mr. Schoneman was the City's Street Superintendent at the time of that agreement. Mr. Serf7 emphasized the reason the private roadway was paved could have had to so with the fact Mr. Schoneman had a home on the top of TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 14 of 29 the hill serviced by that roadway. Mrs. Fits stated she felt the Street Department would say that street was not wide enough nor improved enough to make it a City street at this point. Mr. Johnson stated if the exchange property was utilized, then it could be done properly. Mr. Colvin questioned if Mr. Serry and his mother understood what Council was proposing? Mr. SerrV stated yes, and after checking records at the County Court House it does not appear his mother had paid taxes on the private drive. In reference to the exchange property, at the time he discussed this issue with the Engineering Department they told him his mother would have to "buy" the vacated street. His mother does not feel she should have to buy that vacated street because it was given to her in exchange for the access 25 years ago. So, in negotiating discussions they offered to trade the exchange property in lieu of payment. Vote on motion - unanimous. Councilman Collins returned to the Council Chambers. 8B - CONTINUED PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT - TO CONSIDER A REQUEST TO AMEND THE COMPREHENSIVE PLAN FROM LOW-TO-HIGH DENSITY ALONG THE SOUTH SIDE OF RIDDELL ROAD WEST OF THE PRESENT CITY LIMITS; APPLICANT: IRVIN PARKHURST, #AB92- 178 This proposed Amendment to the City's Comprehensive Plan Map was initiated by Irvin Parkhurst, the owner of property on the south side of Riddell Road, west of the City limits. The Study Area included both sides of the Riddell corridor and extended beyond Pine Road. Mr. Parkhurst would like to construct a 70-unit apartment complex on his property. The Kitsap County Comprehensive Plan allows up to 30 DU/Ac, but the City's Plan allows 0-7 DU/Ac. Although Mr. Parkhust has already received a rezone and PUD approval from the County, he can't build because Bremerton provides water service to this area and, since the proposal is not consistent with the City's Comprehensive Plan, this project cannot receive City utility services. Mr. Parkhurst has asked for a Plan Amendment to bring the City's Plan into alignment with the County's Plan for this area. The Planning Commission agrees and is recommending APPROVAL of this Plan Amendment. Councilman Waibel stepped down from this issue due to his being absent at the July 15 meeting. Mr. Overson reported he was absent from the July 15 meeting, but did review the official tape of that meeting and would TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 15 of 29 stay seated on this issue. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all remaining Council members being seated. Ron Hough, Planning Manager, stated since Council's last public hearing, he looked into several questions Council raised as to what is going on in the Riddell corridor. Basically, the subject area affected by the requested Comprehensive Plan Amendment is on the south side of Riddell Road from the City Limits westward to Pine Road and southward to the north limits of the David Drive subdivision area. The Planning Commission did recommend amending the Comprehensive Plan from low density residential to high density residential in that area. Mr. Hough reviewed some of the details of the Parkhurst PUD approval, what was required and how it passed through the County's process. Several pages of conditions of approval were prepared by the County Hearings Examiner, which was then passed onto to the County Commissioners. Following is a summary of those conditions: (1) Covenant For Sidewalk Improvements - requiring Mr. Parkhurst, as owner of the property, to participate in the cost of future sidewalks when the County Engineer determines that sidewalks are necessary. That determination has not been made at this time. (2) ThePublic Works Department required the applicant to deed the north ten feet of the property for additional right-of-way on Riddell Road for future widening. (3) The applicant is required to construct left-turn channelization for inbound movements from Riddell Road. (4) The applicant is responsible to design (with Bremerton's approval) an appropriately sized closed drainage system to discharge stormwater into the Wheaton Way storm system or other means. The system may require curbs, gutters and other should improvements as deemed necessary by the County Public Works Engineering Department. (5) Among the other numerous conditions of approval were (1) requirement for a wetland study and possible mitigation plan; (2) fence the property along the south property line; (3) provide a berm and "intense screening" around perimeter of TAPE #1041 City Council Reg. Mtg. Minutes July 22, 1992 Page 16 of 29 property, in addition to a 30 ft. building setback; (4) to provide water quality mitigation ponds or bio-filtration swales; (5) to provide an active recreation facility, and others. In regard to the issue of Impact Fees, the County does have a system of Impact Fees and Mr. Parkhurst will be required to pay fees for parks, roads and eventually schools. According to Mr. Hough's calculations Mr. Parkhurst would have to pay approximately $79,000 in Impact Fees, with $23,000 of that amount going toward roads. Previously, City Council raised the question if any of those funds would be earmarked for Riddell Road improvements? Mr. Hough could not answer that question due to the fact the system has not been in place for one year yet and according to Growth Management requirements impact fees can be spent within a six year period and must be spent on a system that is impacted by this development. The system could be beyond Riddell Road and the County would make that determination. Water Service Commitments - the City Attorney and Utilities Director looked into this matter and determined the City had made a water commitment to Mr. Parkhurst for this project. It is up to the City Council to determine whether or not this area is good for high density residential development, which was recommended by the Planning Commission. All criteria for the Comprehensive Plan have been met by this proposal. President Horton announced since public input was received at the previous Council meeting on this issue, discussion would be closed to Council. TAPE #1042 Mr. Johnson stated Council was being put into the position of doing planning without any Interlocal Agreement to implement growth management. He did not like doing that type of planning piecemeal without any over all planning of what the periphery of Bremerton will look like, how will it be buffered and blended into the County atmosphere. He raised the issue of possibly doing a moratorium on plan amendments outside City limits until those Interlocal Agreements are in place. The City can assume impact fees will be identified to fix Riddell Road, but there is no guarantee and that was something that could be covered in an Interlocal Agreement. He requested a status report on a professional office project in that same area and questioned what would happen to that development if Council does not pass the Comprehensive Plan Amendment? Mr. TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 17 of 29 Hough stated the only reason Mr. Parkhurst's proposal is before Council is that the City has something he needs - water. The professional office project referred to had already received approval from the City for water service years ago and because it is in the County's jurisdiction, it can be developed according to County Code. If the City ever annexes or pre-zones that area, that development could possibly be a non-conforming use. Mr. Overson noted growth management is involved with this and one of the primary aspects of growth management is facilities planning and/or utilities support for these kinds of developments. By allowing a larger density for that area, the City is committing to the significant support of water which may eliminate development in other parts of the City if the City's supply of water services is limited in any way. We also would be concentrating a lot of population in an area that has already become very populated as well as needing improvement to roads. Mr. Hough stated on the north side of Riddell this project could be built without coming to the City. Projects such as this are popping up all over and the main reason is that the County's Comprehensive Plan is basically high density, urban or semi-urban all around the City allowing up to 30 units per acre. The City is automatically in conflict between City and Comprehensive Plans on anything outside City limits. Mr. Overson stated there is some value to that area being single dwelling units to compensate for the County's high density on the other side. Mr. Johnson and Mr. Oversonquestioned "where is the buffer"? Mr. Hough stated he was not sure the buffer would be located in that area and had yet to be determined. The only issue is whether or not this small corridor is suitable for higher residential density and if not, then it would remain as is and would be dealt with later in the year at the time a Comprehensive Plan proposal is presented. Mr. Overson questioned if Mr. Hough had a feel for what the ultimate impact of that upgrade would be? And, he questioned the total acreage of the subject area being discussed? Mr. Hough stated the Parkhurst property is approximately four acres and the remainder amounts to approximately 12 acres. Mr. Overson stressed once a Comprehensive Plan is changed, the zoning follows and density follows. Mr. Hough discussed proposed single family residential and higher density projects that are planned for the subject area. The total impact of this area, on the Bremerton area of Kitsap County, is relatively minor. When looking at the "big" picture, there is a lot of development and the City is committing itself to its share of the next 20 years growth by saying "we'll take thousands of people". The subject area does seem like a good place to TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 18 of 29 develop and address high density needs. Criteria for location of higher density residential is met by this location. Mr. Parkhurst's project is expected to accommodate about 175 people, density of 2.5 people per unit, with the remaining 11.5 acres, if developed to maximum capacity and occupied at the same rate, having a total population of 858. In combination with Parkhurst, there would be a potential maximum population of a little over 1,000 and a reasonable population would be 1/2 of that number. Mr. Dawklns stated based on the recommendation from the Planning Commission and the additional information provided by Mr. Hough, he urged Council to move ahead on approving this proposal. Mr. Collins stated he believed there was a bigger problem than just the proposal being presented, however, he did not want to put Mr. Parkhurst's project in jeopardy. Mr. Colvin questioned if Mr. Parkhurst had been approached about signing an Annexation Agreement? Mr. Sievers stated Mr. Parkhust has to sign an Annexation Agreement because it is one of the things required to be in compliance with the Comprehensive Plan. He also pointed out Mr. Parkhurst was not being required to make any road improvements and the City would have no control over the plan review process and actual development of that site. Mr. Hough stated the County does not like individual property owners to build their own curbs, gutters, sidewalks and would rather do it as one complete system, which is included in the covenants attached to the project. Mr. Colvin questioned if that had been agreed to? Mr. Hough stated yes, it is a condition of approval. President Hotton pointed out it also states: "if deemed by the County Public Works Engineering Department, applicant must provide curb, gutters and other shoulder improvements as part of an appropriate sized closed drainage system to discharge stormwater into the Wheaton Way storm system or other means". Mrs. Fits stated she felt all conditions Council felt were problems at the previous meeting had been addressed. She supported approving this proposal, however, she thinks the City Council and Planning Department need to sit down with the County and work out how these types of project will be handled. #1062 M/S/C(Fitz/Dawkins) to uphold the Planning Commission's recommendation to approve the Plan Map Amendment. Mr. Overson questioned if that motion would have to include other statements relative to some of the agreements or are TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 19 of 29 they included? Mr. Hough explained the conditions previously discussed are under the County's approval process. Mrs... Overson stated he agreed with Mrs. Fitz that there needed to be better cooperation between the County and City, however, the County has chosen to develop urban, densely populated areas right on the City's borders without giving the City the opportunity to say how they should be built or how they should be coordinated with the rest of the activity going on in that area. President Hotton stated she would support the motion based on the document containing additional information presented by Mr. Hough. She hoped the City would put future developers on notice that the City may, at some point, not approve Comprehensive Plan Amendments. This type of action is piecemeal and is unfair to everyone. Mr. Colvin questioned if Mr. Parkhurst's project was low income housing? Mr. Parkburst responded no. Mr. Colvin stated he would vote in favor of this proposal but believed the County needed to share in providing low income housing as well. Mr. Johnson stated if the City keeps approving the peacemealing around the City there will never be any incentive for the County to sit down and do reasonable negotiations on Interlocal Agreements for how to handle these areas. He will abstain from voting thereby not voting against the proposal. Vote on motion: Motion carried. In Favor: Fitz, Dawkins, Horton Opposed: Neville Abstain: Colvin, Johnson, Overson, Collins 8C - PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - CEASE AND DESIST ORDER PROHIBITING DUPLEX; APPELLANT: CUCHULLAINEOwREILLY; LOCATION: 821 BROADWAY AVENUE, #AB92-184 On June 16, 1992, the Planning Commission upheld a Cease and Desist Order issued by the Director of Community Development prohibiting the use of a duplex at 821 Broadway Avenue. The Planning Commission's decision is being appealed on the grounds that the property has always been used as a duplex and is a legal non-conforming use. 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 approving t TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 20 of 29 authority 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. Jack Allincham, Current Planning Division, provided a view graph showing the site location as on the west side of Broadway Avenue, just north of Eight Street. The zoning designation of this site is Central Bremerton Residential (CBR), which has an allowable density of 3,000 sq. ft. per dwelling unit. The site itself is approximately 30 feet wide by 129 feet deep and has a site area of 3,689 sq. ft., which in order to meet the density for a duplex would need to be 6,000 sq. ft. minimum. The previous zoning to the site, prior to the 1988 Zoning Ordinance, which designated this site CBR, was Residential-1 (R-l). The R-1 district allowed a use for duplex provided there was a minimum lot area of 3,800 sq. ft., and that Zoning Ordinance became affective in 1948. Essentially, there is not enough lot area too meet the previous R-1 zoning designation and the duplex use is non- conforming. The Planning Commission did hold a public hearing on the Cease And Desist Order on June 16, 1992, where they upheld the Director Of Community Development's decision to issue a Desist And Desist Order. The Planning Department recommends that the City Council uphold the Planning Commission's decision. Roger Dunaway, Attorney representing Cuchullaine O'Reilly and Allen E. Lathrop, stated he had prepared a document for this hearing, which had been forwarded to Council prior to this meeting. The purpose of this hearing is a ZoningAppeal under the current Bremerton Zoning Ordinance to consider whether this property is a legal duplex. He understands there will be people speaking on such things as tenant problems and management issues, which he believes is outside the scope of the hearing. The property at 821 Broadway is a legal, non-conforming use under the City's current Zoning Ordinance. Mr. Allingham provided a good review of the facts that a Cease And Desist Order was issued April 30, 1992, which was appealed before the Planning Commission, which upheld the Director Of Community Development's decision. He noted in the documentation provided reference is often made to the R-1 Zoning Ordinance and that was Ordinance #1792. President Hotton stated City Council policy is that they do not accept any information that was not presented to the Planning Commission. If Mr. Dunaway TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 21 of 29 feels that the information he is about to provide Council was not presented to the Planning Commission, it is inadmissible at this point to Council. If that is the case, Council does have the option to remand he issue back to the Planning Commission so that any new information can be presented; or he may make a presentation to Council at this time of only that information given to the Planning Commission. Mr. Dunaway stated he believed his presentation would include information that was not presented to the Planning Commission, specifically the Affidavit of Mr. Eastmen, who is the son of the gentlemen who purchased the property in 1944, who indicated how the property was used in 1944 - predating the R- 1 (1948) ordinance. So, in light of that he would rely upon that material and felt the appropriate action would be to remand the issue back to the Planning Commission for further consideration. Don Pratt, Director Of Community Development and Opponent to the appeal, stressed President Horton's comments on admitting new information was correct. There is a minor dilemma to face and that is that the situation the City tried to Cease And Desist is on going and it does not serve the community well and something they consider to be a continuing violation while awaiting bureaucratic and legislative action. It was felt the current use violates the Zoning Code and violates certain tenants that the neighborhood felt they deserved because of the Zoning Code. President Hotton questioned based on what Mr. Dunaway has to present would the City Attorney recommend Council continue with the hearing and disallow that portion of testimony or should it be remanded back to thePlanning Commission at this point? Ian Sievers, City Attorney, stated it would be up to the City Council. The ordinance calls for an automatic stay of the Cease And Desist Order if there is an appeal filed until it is completed. Mr. Dunaway apparently believes this information is important enough to his rights in presenting his case that he requests the remand and it has been the City's policy to do that in the past. Rather than forcing Mr. Dunaway to proceed without this valuable information and have a decision made on that basis by Council, he felt Council would allow a remand back to the Planning Commission. President Hotton questioned if at this point the hearing be closed without further input? Mr. Sievers stated yes. Mr. Johnson questioned if the City Attorney recommended that Council give any guidance to the Planning Commission as to why and what Council expects them to do with the issue if remanded back to them? He felt the appellant alleged she would not get #1307 TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 22 of 29 a fair hearing or opportunity to respond properly, which he believed needed to be clarified. Mr. Johnson believed Mr. Dunaway may have significant new input that the Planning Commission should consider. He was going to raise the question, if Council carried on with the public hearing, what happens to a non-conforming use if a site is expanded beyond a certain point? Mr. 8ievers stated for clarification, the Cease And Desist Order is not in affect pending final resolution of the process. He stated Mr. Pratt had a good point and he did not think it should be a policy of Council to offer this remand procedure more than once. M/S/C/U(Fitz/Colvin) to remand this matter back to the Planning Commission for further consideration of new information from the applicant; and that the Planning Commission expedite this issue as soon as possible. 7B - ORDINANCE NO. 4383 (SECOND READING) VACATING PORTIONS OF KITSAP WAY ON THE NORTH SIDE ADJACENT TO AND WEST OF LOWER OYSTER BAY ROAD (ROBINSON), #AB92-061 The right-of-way vacation and first reading of the ordinance was unanimously approved by Council on March 4, 1992. Second reading was held pending receipt of payment. Payment for the ROW vacation has now been received and the ordinance should proceed to second reading. Mr. Overson stated this action would put $17,000 into the City's Cumulative Reserve Fund and would be budgeted later, according to Council requirements, for capital purchases. President Hotton pointed out according to our end-year-status she anticipated those funds most likely will go to pay 1992 bills. Public comment - none. M/S/C/U(Collins/Dawkins) to pass Ordinance No. 4383, on second reading, vacating portions of Kitsap Way on the north side adjacent to and west of Lower Oyster Bay Road. 7C - RESOLUTION NO. 2398, ESTABLISHMENT OF FEES SCHEDULE - PLANNING DEPARTMENT, #AB92-182 Planning fees have not been adjusted for five years. Fees are approved by City Council Resolution. An explanatory memorandum regarding policy and costs associated with the fee schedule is attached. Don Pratt, Director Of Community Development, stated the TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 23 of 29 policies used by the Administration in making up the proposed fees are based on the following issues: (1) People who implement adopted City plans would pay relatively less than those proposing to change City plans. Implemented adopted City plans means the people paying for subdivisions and PUD's that are permitted and encouraged by the Comprehensive Plan and Zoning Ordinance would reimburse the City substantially less than those who would want to change them. Those challenging adopted plans, i.e., Comprehensive Plan Amendments and Rezones, would pay relatively more. (2) that fees assessed by Kitsap County should be a consideration but not a control for the fees assessed by the City of Bremerton. (This has been a long standing discussion point with the City Council as to being competitive with fees assessed around the City. He felt this was a slightly new tact and both he and Mayor Mentor are comfortable with this proposal for the following reasons: (a) local policies regarding who pays for fees are quite different from the County to City. The City is trying to recover more of the actual cost of processing paperwork than the County tries to recover; (b) the processing systems are significantly different between County and City, both in quality and in quantity. The County has a number of short plat permits to the extent that they are able to a assign one or two people to short plats only. City staff is required to cover numerous types of activities. He emphasized for every penny the permit processing costs above any fee that is recovered the general taxpayer makes up the difference.) Mr. Pratt provided a view graph showing the proposed fee schedule as well as current fees being charged: Proposed Current Fee ORDINANCE AMENDMENTS ' Text $500.00 $300-$850 Re-zone (map Amendments) 500.00 ,, ,, VARIANCE Fence Administrative Planning Comm. Hearing 10.00 $ 10.00 250.00 50.00 250.00 50.00 SPECIAL EXCEPTION Single Family Residential Commercial or Multi- Family Residential 125.00 125.00 250.00 250.00 TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 24 of 29 PLANNED ~TlqIT DEVELOPMENT Residential Only 250.00 (plus $12.50/dwelling unit) Industrial, Commercial, Mixed Use Or Other 250.00 (plus $12.50/dwelling unit plus $12.50/acre) 125.00 125.00 SPECIAL USE PERMIT Administrative 185.00 185.00 + Planning Comm. Hearing 400.00 185/00 + (plus $20/per each full 20,000 Sq. Ft. increment of site area) COMPREHENSIVE PLAN Text or Map Amendment Combined Text And Map Amendment 1,000.00 200.00 2,000.00 200.00 SUB-DIVISIONS Short Sub-Division 75.00 40.00/lot (per lot(exclusive of road lot) Long Sub-Division 600.00 300.00 +10/lot (plus $100/lot) Final Long Sub-Division 100.00 100.00 RIGHT-OF-WAY VACATION Initiated By Private Party 425.00 125-425.00 SHORELINE MASTER PROGRAM Substantial Development Permit 500.00 200-425.00 Note: Following shoreline projects do not require a Substantial Development Permit: - Projects below $2,500 fair market value. - Protective bulkheads for single-family homes. - Emergency construction necessary to protect property. - Single-family residences and related apportenances. - Private docks below $2,500 fair market value. Conditional Use Permit 500.00 175-355.00 Note: Conditional Use Permit cover allowed uses which require sensitive environmental analysis -such as boardwalks. Permit Revision 250.00 100.00 STATE ENVIRONMENTAL POLICY (SEPA) TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 25 of 29 Checklist 100.00 50.00 Note: Checklists are required for ALL projects except: - Residential structures of four dwelling units or less. - Commercial or public buildings of 4,000 sq. ft. or less. - Parking lots of twenty stalls or less. - Fills or excavations of 100 cubic yards or less. *** This is a partial listing. Environmental Impact Statement Review/Adoption 500.00 plus additional cost to acquire expertise. Note: This cost covers review/adoption by the City of an EIS prepared by the proponent. SITE PLAN REVIEW Single Family Residential Site Others -0- -0- 50.00 -0- APPEAL To Planning Commission To City Council 30.00 30.00 300.00 50.00 Mr. Johnson stated he appreciated Mr. Pratt's point of view and supports his proposed fee schedule. When major revisions are made to the Comprehensive Plan and Zoning Ordinance, it does involve literally hundreds of people and when development takes place in accordance with what represents the wishes of the community, the City should expedite them. Considering the current low cost of $50.00 to appeal a decision to the City Council, he felt it made it too easy for either side of an issue to go one step further and appeal it to the City Council. He would not be apposed to some type of refund if Council upheld the applicant's decision if Council considers the proposed charge to high. Mr. Colvin stated he applauded Mr. Pratt's effort and understands that service costs. He requested an explanation as to what was required under the item marked "Variance - fence". Mr. Pratt stated frequently they get fence variances from a family that is simply trying to deal with a situation in their back year. That type of request is referred to as "mom and pops". They usually come in to get a fence variance because the City wants to look at their plan not because they want to change or challenge anything. It was felt the $10.00 fee for that service was appropriate. If someone does not TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 26 of 29 need a variance a fence can be built without a fee. Frequently, requests come in where the front yards slope at an angle and they are limited to a six foot high fence and in order to get adequate fence coverage it would require a height of more than six feet. That extra height requires a variance and it was felt those could be handled simply administratively. Mr. Colvin strongly opposed the $300 charge to bring an appeal before the City Council. He believes the citizens have the right to bring an issue before the elected officials. President Hotton stated in rebuttal to Mr. Colvin's objection, Council has tried very had to place emphasis on the Planning Commission and referenced the prior Agenda item that was remanded back to them for further review. Council wants to focus the attention onto the Planning Commission because that is a citizen group that does a good job in assisting the City. She also felt it was too easy to progress through public hearing process thinking it was more advantageous to keep going regardless of the decisions and pursue it through the City Council. The Planning Commission is the place where applicants should give it their "best shot" and if they don't agree with the Planning Commission's decision they can make an appeal. Mr. Colvin stated his statement stands that Council members are elected officials and should be making those decisions. Mr. Collins stated the small sum for appeals to the Planning Commission is appropriate, but when there is an appeal to the City Council the administration has to expend added time in preparation of that process and he felt $300 was appropriate. Mr. Dawkins questioned if appeals that have already entered into the process, i.e., being remanded back to the Planning Commission, would they have to pay the higher fee? Mr. Pratt stated he suspected they would not be charged a second time to get back to the Planning Commission. Mr. Neville stated as a member of the Fiscal and Budget Committee he is very aware of the "money trail" and he believes the Planning Department expends a large amount of money through their services to the public. The increased fees are greatly needed considering the way the City is progressing. Mr. Overson stated the Operations Committee endorsed the fee structure as presented. He did have a concern in the Comprehensive Plan section where it states the fee would be waived if a person knew a City Council member or Mayor. Mr. Pratt stated there is a proviso that the Planning Commission must agree that is the case and was a valid request by the TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 27 of 29 Mayor or City Council member. Mr. Overson questioned what would be a valid request? Mr. Pratt stated a valid request would be similar to the item addressed this evening. Rather than bringing in one specific parcel of property for a Comprehensive Plan Amendment, we included an area-wide proposal to make it a valid request. If Council received a request for a specific piece of property but ignored a neighborhood, he thought the Planning Commission would see right through that as being a special request by a specific owner. A Comprehensive Plan is a policy document that needs to relate to a policy that affects more than an individual on a specific project. He noted that comment is not typical in fee schedules and doubted very many cities had something similar. Mr. Overson questioned if there was a more artful way to state that? Mr. Pratt stated the most artful way to state it is to assume the Administration is not going to favor someone. There will be locations coming up that need Comprehensive Plan changes and staff will initiate those changes and no one will pay for it even thought there will be some "windfall" of values within that area. If a Comprehensive Plan Amendment is initiated by a private party, a fee will be assessed. If a City Council members suggests to the Mayor or to him that there is an area that has some dynamics going on and needs to be reviewed and may warrant a Comprehensive Plan Amendment, they will do it and no fee will be charged. He did not think the referenced statement was entirely necessary, however, it was included as part of the Fiscal and Budget Committee and Operations Committee review. Mr. Johnson stated the "Planning Commission" was not part of that statement when it was discussed at the Fiscal and Budget Committee and they had similar concerns that some point in time some Council member or Mayor could begin to use these for political patronage. President Hotton questioned assuming the fee schedule is passed, what will that do to the percentage of current planning expenses that will be reimbursed by revenues from building projects as opposed to long-range planning of the City? Mr. Pratt stated the increase in revenue goes from $17,000 to about $25-26,000 over the department, which costs about $250,000 to fun. The cost recovery is minimal in the larger scheme and it does not have a major impact on their ability to provide more service. President Hotton stated even by raising the fees dramatically, it is still not putting a dent in Planning expenses. Mr. Pratt stated the revenue base from fees only in 1991 was a little below $20,000...the increase should bring that up to approximately $26,000. Alex Roos, City resident, stressed Council is the "supreme TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 28 of 29 court" of the City of Bremerton and he did not want to see it made prohibitive to get to the City Council for an ultimate decision. He supported setting a more reasonable sum for an appeal to the City Council. He felt the Planning Department and Building Department generally handled issues fairly, but he did not want the opportunity to come before the City Council limited to only those who could pay a higher fee, leaving out the "little guy". He suggested having more rules and regulations for presenting arguments at the Planning Commission level so that by the time an issue came before Council it would be more "cut and dried". Mr. Collins questioned on the appeal to the City Council, if the Council upholds the person appealing, could the cost be reimbursed to the appellant? Mr. Pratt stated something to that affect could be added to the fee schedule or it could be included in the decision of the appeal. Mr. Overson stated he could not support Mr. Collins' proposal because it would become a significant incentive to make an appeal and it would also put undue pressure on Council. In his opinion, the reason for the fee is the appeal to City Council requires significant time and effort on the part of staff. Mr. Pratt stated that was not the way it came forward. If Planning staff takes an appeal to the Planning Commission and the work behind it is done what is left to bring to Council is mostly the hours spent in a public hearing before Council. The reason for the appeal being higher at the City Council level is two fold: (1) to establish a higher threshold of effort to get projects in appeal before Council, therefore telling people when they get to the Planning Commission that is the place to plead the strongest case; (2) to try to cover more costs. Mr. Overson pointed out this would not generate a lot of money because Council does not see a lot of appeals. Mr. Colvin stated the quality of justice should not be predicated on how much money someone can afford. If the public does not protest, then he would support it, however at this time he will cast an "abstention" vote. He questioned how many appeals have been brought before Council this year? Mr. Pratt stated 2-3. President Hotton questioned how many appeals have come before the Planning Commission? Mr. Pratt stated only 3-4. President Hotton pointed out about 50% of appeals to the Planning Commission end up coming before Council as well. Mr. Pratt stated it was his recollection that most everything that is appealed to the Planning Commission is appealed to the City Council. There is relatively little additional effort required for someone to get an appeal to the City Council. In fact, his staff encourages that practice as a way to deflect controversy at TAPE #1042 City Council Reg. Mtg. Minutes July 22, 1992 Page 29 of 29 their counter. President Hotton stated based on that information she supported Mr. Colvin's position. Mr. Pratt provided the following comparison of appeal charges for areas surrounding Bremerton: Kitsap County $30.00/per appeal; City of Everett $100/per appeal; City of Bellingham $75/per appeal; City of Poulsbo - unknown. Mr. Overson suggested reducing the City Council appeal fee to $150.00. Mr. Colvin suggested giving further study to that particular fee and accept the rest of the fee schedule. #2715 M/S/C/U(Overson/Collins) to pass Resolution 2398, with the exception of the fee for an appeal to City Council would be retained at $50.00. With no further business meeting adjourned at 8:42 P.M. KATHLEEN L. McCL[ SKEY, City Clerk ~ HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault