Loading...
HomeMy WebLinkAbout04/22/92TAPE #1014 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0048 #0065 APRIL 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, April 22, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, Hank Waibel, Morrie Dawkins, Russ Johnson, A1 Colvin and C.R. "Tiny" Collins. Also present were City Attorney Ian Sievers and Kathleen L. McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend August Lubkeman of Memorial Lutheran Church. President Hotton announced the addition of Items 8A - Agreement With Port Of Bremerton To Act as Limited Surety For Overwater Park Mitigation and Item 8B - Resolution #2388, Authorizing An Interfund Loan From The Public Works Complex To the Waterfront Parks Construction Fund, which would then renumber items 8A and 8B to 8C and 8D. CONSENT AGENDA A. Minutes Of Meeting -April 1, 1992 #AB92-103 M/S/C/U(Waibel/Fitz) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. M/S/C/U(Colvin/Dawkins) on April 22, 1992, the Council does approve for payment those vouchers included and further described as follows: 148285 through 148396 in the total amount of $404,802.97; and Regular Payroll for the period ending 4-15-92, in the total amount of $428,183.16. COUNCIL MEMBER REPORTS Mr. Colvin reported he received several phone calls from residents in Council District 8 concerning the intersection of Marine Drive and Kitsap Way, which he referred to Councilman Fitz. TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 2 of 39 Mr. Dawkins announced Christmas In April will take place on Saturday, April 17. Mrs. Hotton reported she attended the Rotary Auction, along with Councilman Overson and Mayor Mentor, which turned out to be very successful and raised approximately $50,000. A portion of those funds will be donated toward the sports complex. She extended her compliments to former Councilman Spencer Horning, chairman of that event. Mr. Waibel reported the D.A.R.E. Walk took place on Monday, April 13 and a very successful D.A.R.E. Karioke took place on Saturday evening. He noted Eugene Robinson, representing the Seattle Seahawks and Mayor Mentor were a part of that program. He was disappointed that only one Bremerton Elementary School was represented and there were no Bremerton D.A.R.E. officers in attendance. He requested Mayor Mentor explain why Bremerton was not better represented at this event. PUBLIC RECOGNITION Mayor Louis Mentor reported he "paid" to sing at the D.A.R.E. program. He attended the city-wide Easter Egg Hunt on April 19, sponsored by the Bremerton Eagles and Elks organizations. Mayor Mentor read the following Proclamations: 1. National Community Development Block Grant Week, April 20- 26, 1992. Carol Dickinson, Community Services Manager, accepted the Proclamation and announced on April 16, at The Yesterdays Store located at first and Washington, a celebration will be held with a list of dignitaries to identify and celebrate the use of Block Grant Funds throughout the Puget Sound Region. Congressman Norm Dicks will be the featured speaker at this event. 2. Drug And Alcohol Awareness Week - April 27 through May 1, 1992. Claudia Thomas, Bremerton School District, accepted the Proclamation and expressed appreciation for the community support they are receiving on their Comprehensive Drug and Alcohol Program. The Bremerton Central Lions Club is helping to sponsor this program. She review planned activities that will provide education opportunities for children as well as adults. 3. Crime Victims Rights Week - April 26 through May 2, 1992. James Peterson, Burwell, expressed concern that a major focus is being directed to the problem of "drug abuse" and the prosecution thereof, when the more destructive elements are "alcohol, tobacco and prescription drug". TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 3 of 39 Frederick Salmela, Lower Marine Drive, stated he had concerns over preliminary plans for improvements to the Marine Drive/Kitsap Way intersection. The proposed plans indicated a hard, sharp 120 degree turn at the traffic light. He did not find that much of an improvement over the current "free" right turn lane and felt it would cause extensive traffic backups on Kitsap Way. Another concern is movement of lanes closer to Sundown Cleaners and R & H Market, which will create increased traffic hazard for people accessing those businesses. He questioned why wasn't the City using part of the old service land? He requested the City Council and Mayor look into these points prior to start of construction. David Baldwin, Trustee for Bremerton Eagles #192, stated this past year Mr. Harold Stennett sponsored a "Child Abuse Prevention" fund raising project. Through the labors and contributions of the men and women in their organization, $500.00 is being donated to a child abuse program. The Eagles are hoping the money will help plant the seed of hope in our youth that some day the term "child abuse" is no longer a problem. Mary Serbousek, Chairman for Project Family, accepted the donation and thanked the Bremerton Eagles for their generosity. She hoped everyone was aware that April is "Child Abuse Prevention" month. She emphasized the demand on the Child Abuse Prevention Council's services. She cited recent statistics that 4,322 children were reported to local Child Protective Service (CPS) last year and 62,538 were reported state-wide. Don Atkinson, Bremerton Main Street Association, stated he wished to make comment on the overwater park project, however, he would not be available to speak at the time that item came up on the agenda. He provided a handout that included a list of private investors who had come into the downtown area within the past year. He noted they had been drawn here by the direction of the city, the promise of the boardwalk and promising things happening downtown. He urged Council to look long and hard at this project, bite the bullet and keep it moving and in return will see increased commerce and tax dollars downtown, as well as breaking the cycle of promising something but not completing it. Melissa Anderson Bremerton Animal Control Officer, announced they are seeking owners of two animals impounded last week - a miniature dachshund, mature male (red/short hair) picked up in the 400 block of South Lafayette; a Samoyed, white mature male wearing a brown collar picked up in the Farragut and South Constitution area. TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 4 of 39 Jerz7 Reid, representing a group of Citizens For Open Space, reported this group has scheduled 45 meetings in different location in the City in the next two weeks to discuss the possibility of running a bond issue that would fund purchasing open space/greenbelts/wetlands/establish trails, parks,etc. These meetings are designed for citizens to come together and decide if there is need for such a movement. The public is invited to attend one of the following meetings: April 28, 7:00 PM Emmanuel Apostolic Church; April 29, 7:00 PM Bayview Inn; April 30, 7:00 PM Bremerton High School. 6A - INFORMATION ITEM: BREMERTON/KITSAP COUNTY DWI-TRAFFIC SAFETY TASK FORCE The City received a three year grant for the Traffic Safety Task Force. The grant terminates 9/30/92. Mike Hatzenbeler has managed the program since May, 1990. Mr. Hatzenbeler will explain the history and accomplishments of the program. He also will discuss the future of this program at the termination of grant funding in September. Mike Hatzenbeler provided each Council member with a packet of information that included a Mission Statement outlining goals and objectives, a State-Wide Program Overview as well as a Overview at the local level, examples of typical handouts. The City received a funding grant in December 1989, with the program getting under way in May/June 1990. Most of 1990 was spent developing the goals/objectives and work plan that would shape what the DWI Task Force would comprise. The mission they developed is to lead all of Kitsap County in a collaborative effort to reduce the incidents of alcohol impaired driving. He works with existing organizations and concerned citizens to direct their resources and concerns in a way that will have the greatest impact on the problem of DWI. The program budget is not large enough to create programs so they are working to redirect existing resources in a way that makes it more affective. Primary projects undertaken have been public education, enforcement and hospitality industry. Their public education committee has been active in a number of areas, one being the Run To A Drug Free Washington, a State-wide event that happens every year. This committee is also responsible for co- sponsoring two drug free work place conferences that have taken place in Silverdale during 1991. They have made drug free work place a priority because they see the work place as a critical area to reach a segment of population that are difficult to reach in other places...young males who are out of high school but may not yet have a family and are not very involved in the community. They view DWI as a symptom of our TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 5 of 39 overall substance abuse problem in our society. The major activity of their enforcement program is the DWI Emphasis Patrol Project. This project involves all law enforcement agencies in Kitsap County coming together as part of the enforcement committee and organizing DWI saturation effort in different regions around the County. The hospitality project involves local members of the hospitality industry (liquor licensees) working to show their commitment to having an impact on the problem and promoting responsibility within their establishment. Two ways they provide this services is preventing over service to people and preventing service to minors. They have also worked closely with the DWI Victims Panel by providing technical assistance. They are continuing to develop their goals and objectives and to refocus their efforts in the areas necessary and continue a high priority of working with youth, the drug-free-work place and continuing their funding base beyond their initial three year grant, which expires the end of September. Mrs. Fitz questioned if there was a part of this program that worked with the military? Mr. Hatzenbeler stated he had spent a good deal of time working with Puget Sound Naval Shipyard and Sub-Base Bangor because of the number of high risk drivers located in those two areas. Through statistics a profile of a high risk driver is: males, under 30 years of age who drive 4- wheel drive pickups or small pickups, and who tend to drink away from home. One of the messages this group responses to most is not of personal injury and harm but one of law enforcement, incarceration and loss of funds. Large numbers of these types of individuals are found on military basis. Mr. Neville questioned if this program would also apply to boating while intoxicated? Mr. Hatzenbeler stated they had not made boating a major emphasis but it had been mentioned during a their meetings. One of the upcoming emphasis patrols will involve Police Departments that man marine units. Mr. Dawkins questioned the source of the handout brochure? Mr. Hatzenbeler explained that brochure is produced by the State Safety Commission and is handed out to school children as well as adults. President Hotton referenced 1990 Kitsap County traffic collisions statistics, which indicated a record high involving people who had been drinking or under the influence of alcohol. She questioned if 1990 had a record high for both fatalities and collisions involving drinking and driving, how TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 6 of 39 could he show this program is making a difference even through the population had increased? Mr. Hatzenbeler stated 1990 was the first year there was an active effort toward developing a task force and the goals and objectives for this group were started in June of 1990. It was in 1991 when they were able to implement public education and running the projects. He believed those statistics made a strong statement of problems in Kitsap County. Partial statistics for 1991 show a decrease of such incidents (about 7%), and 1992 is continuing that trend. President Hotton questioned if Mr. Hatzenbeler knew why the statistics for 1988 were so dramatically lower for than 1990 for fatalities involving drinking and driving? Mr. Hatzenbeler stated he did not know, however, he was continuing to research that issue. He had reviewed historically data back to 1975 for all collisions in general and there is a history in Kitsap County of having some fairly high increases and then large decreases over a 2-3 year period. Mr. Collins pointed out there were a number of military ships homeported in Kitsap County during that period. Mr. Hatzenbeler stated he did not want to solely place the blame on the military but it could have been a contributing factor. Mr. Colvin encouraged Mr. Hatzenbeler to continue on with the program and felt he was doing a good job. Mr. Hatzenbeler stated he felt progress was being made and the credit should go to all the volunteers and concerned citizens who work with him and other organizations around the community. He stressed that it was not only his organization's efforts making an impact but more in partnership with efforts by the School Districts and other entities promoting traffic safety and reduction of substance abuse. President Horton emphasized she is strongly in favor of prevention and hoped the 1991 statistics could be provided showing statistically that those problems are being reduced, which would reflect very favorably on his program. Mr. Hatzenbeler stated he would continue to work with the State Patrol to come up with that information. 7D - TO CONSIDER A LETTER OF INTENT (10%) FOR ANNEXATION OF THE PERRY AVENUE AREAINTO THE JURISDICTION OF THE CITY OF BREMERTON, #AB92-107 This is initial step using the seventy-five percent process to annex the area along Perry Avenue into the City of Bremerton. According to the state statutes (RCW 35.13.125) the Council is to determine: 1) Whether the City will accept, reject, or geographically modify the proposed annexation; TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 7 of 39 2) Whether it will require the simultaneous adoption of the comprehensive plan, or if the annexed property shall be administratively assigned provisional zoning; and 3) Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. Terrie Hartson, Municipal Services Coordinator, outlined things to consider when looking at an annexation area: (1) whether or not this area is utilizing City services or has the potential for utilizing such services (a map showing availability of such services was provided). (2) City government seeks to protect individual rights, health and safety of residents. A number of problems in the area have been identified, such as abandoned vehicles on properties, partially torn down houses, abandoned gas stations and other miscellaneous problems, and could be more appropriately addressed under the jurisdiction of municipal government. Kitsap County has designated the subject area as urban and placed businesses within the single family areas of the annexation area. Currently, this areas' population is 190 people over a 50 acre area. After construction of the Creekside apartment complex, density would amount to 13 people per acre - both considered a dense population and urban area. The Bremerton Comprehensive Plan shows the annexation area to be "Residential" and "Commercial" zones and County zoning considers it an urban area with R5 and General Business zoning designation. Boundaries for the annexation area have been identified and viewed as an improvement over current irregularities. By annexing the subject area, it would eliminate irregularities and include people who are already using City services. Residents already receiving City sewer and water services would realize reduced rates for those services. Residents could choose to remain on the North Perry Water service if they so desired. Anyone who would require sewer services, regardless whether or not they were in the City, would have to hook up to City sewer. An annexation does not require people to hook up to sewer but if the Health District declared a need for a resident to hook up to sewer the City would be the provider for that service. City residents do pay a lower sewer rate than those living outside the City. Existing public services - Police - this area is currently serviced by Kitsap County Sheriff Department with a ratio of TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 8 of 39 one officer for every 1,778 persons covering a 400 square mile area. The City's Police service ratio is one officer per 660 residents, patrolling an area of 2-3 square miles. The public safety services can respond within two minutes to emergency situations in this area. Police reports do reflect burglaries and drug activities in the subject area and it is felt that City Police service would provide benefit to those neighborhood areas. Fire - and paramedic protection are also desirable in the subject area. Currently, Fire District 15 serves this area, including paramedic services, which requires travelling 4 1/4 miles through a very dense traffic area (even with lights flashing). Ms. Hartson provided a chart from the American Heart Association showing the survival rate of people experiencing heart attacks if treated within a specific period of time. If CPR is administered within eight minutes chances of survival is 43%. The City's emergency medical services can respond to the annexation area with 2-3 minutes. Beyond eight minutes, the chances for survival drops to 17% and if CPR is not started within eight minutes the survival percentage drops down to 6%. Recently the North Perry Fire District merged with Fire District #15, and do provide volunteer firefighters and paramedic services out of their Perry Avenue station. Because of the City's quick response time, 24-hour personnel on duty and levels of training, hazardous insurance rates would be lower. Street Maintenance - there is much jurisdictional confusion contributed to the center line division in several streets (Stone Way, Perry Avenue and Sheridan Avenue). This poses problems in that two jurisdictions have to add portions of those streets to their street inventory, making it difficult to coordinate repair/resurfacing projects. Of the 27 streets throughout the City that are divided down the center and under two jurisdictions, maintenance is a real problem. Traffic enforcement is also difficult on streets that have divided jurisdiction. The City Engineer pointed out Sunset Lane and Fruitland streets were steep grades and would be difficult to travel during times of icy weather. The City's Street Department does provide sanding and snow removal on City streets. Street Lighting - residents within the annexation area are currently paying $3.00/bi-monthly. Storm Sewers - The City of Bremerton has a storm sewer and it is believed the County has some drainage areas flowing into a creek. TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 9 of 39 Animal Control - Kitsap County has a less intense animal control service (400 square mile area for 3-officers). The City has an excellent animal control service and problems that arise are taken care in a timely manner. Planning - the County designates this area as "urban" because it is an area with full public facilities, high volume of transportation, a wide range of commercial services and wide range of residential types and intensities, including high density. It also includes community service uses, such as churches, schools and parks. Kitsap County goals for an urban are to encourage variety of quality multi-family and single family housing, promoting an urban concentration. Recently, the annexation area had a P.U.D. approved to construct apartments, which would add to the density. Codes - City, County and State building codes are identical, as well as the same fee schedule, which is based on the cost of construction. The County recently implemented "Impact Fees" that amount to approximately $2,000 per residential home. The City does not have such a fee at this time. Recreational Needs - there are no neighborhood parks in the annexation area, however, there is a school close by. The City's Parks Director feels this area would benefit from a neighborhood park. The objectives of annexation are the preservation of natural neighborhoods and communities; the use of physical boundaries including but not limited to bodies of water, highways and land contours; creation-and preservation of logical service areas; prevention of abnormally irregular boundaries the adjustment of practical boundaries and annexations to cities or towns of unincorporated areas that are urban in character. Ms. Hartson stressed this annexation meets that criteria. Statutes authorizing annexation through the 75 percent petition method authorize the legislative body of the annexing City to require property in an area being annexed to assume, as a condition of annexation, a pro rata share of the City's then outstanding indebtedness, which had been approved by the voters, contracted or incurred prior to the date of annexation. Currently, the City has the following outstanding bonds: .1503 1977 Library District Tax - levied upon entire County (15 cents per $1,000/annually) .0303 1979 Fire Protection Issue - Construction & Equipment For Max Meigs Station TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 10 of 39 .02500 1990 Fire Protection Equipment - Engine Replacement .0553 Net charge per $1,000 of assessed property value Ms Hartson reported she received a signed petition from residents on Stone Way requesting they be omitted from the annexation area. Currently, there are no City sewer services along Stone Way. One of the reasons to include Stone Way in the annexation area was to include a whole neighborhood and Ms. Hartson felt it would be impossible to leave off some Stoneway residents without causing an irregular boundary, which would be overturned by the Boundary Review Board. Therefore, staff recommends to Council, at the request of the residents listed on the petition, that they be excluded from the annexation area. She also was concerned over the split jurisdiction on Stone Way, which could be alleviated through annexation. President Horton asked the "Appearance Of Fairness/Conflict Of Interest question" with all Council members being seated. Glenn Petroski, 2805 Stone Way, stated he appointed himself as Chairman of his neighborhood and developed the petition that was signed and submitted to the City requesting exclusion from the annexation area. During his canvassing efforts, he found only one resident, whose residence faces onto Perry Avenue, not available to discuss the proposed annexation action. Residents in the neighborhood made the following comments: (1) increased traffic impacting Perry Avenue could create another Wheaton Way; (2) questioning why City government cannot work with County government; (3) water billing only $4.00 difference; (4) single family residents did not feel well represented in this proposal because the proposed apartment project amounts to approximately 7 million dollars in assessed valuation; (5) neighborhood is already divided and proposed annexation would include them in a neighborhood they don't belong in. President Hotton explained this was the first step in the annexation process and did not mean the proposed area is annexed into the City - it only means that residents of 10% of assessed valuation asked that the City consider an annexation. Ms. Hartson explained if Council approves the Letter Of Intent For Annexation, the next process will be community meetings (block-to-block) where differences between services are discussed. She acknowledged Mr. Petroski's concerns and noted all of those reasons were why the City wanted to annex the area. TAPE #1014 City Council Reg. Mtg. Minutes April 22, 1992 Page 11 of 39 TAPE #1015 Following the community meetings, Ms. Hartson would then present the 75% petition to Council and any area that did not have 75% participation would be eliminated from the final petition. Next, the annexation proposal would be taken before the Boundary Review Board, who would notify all special districts and County jurisdictions involved and at that time they could invoke jurisdiction and ask for a public hearing. At that hearing, the Boundary Review Board would find facts and findings approving or denying the annexation. William Warnsbee, currently living 1/2 block out of City limits in East Bremerton, stated he spent almost 14 years as a volunteer in the North Perry Fire Department. During that time he held the rank of Lieutenant, Training Captain and Chaplain. The North Perry Fire Department merged with Fir District #15, which he felt was a positive move for his fire department. After serving under District #15's leadership, he began to see inconsistences in management which then brought him to the point of leaving that department. He has great confidence in the City of Bremerton's Fire Department and trusts his family's lives to the capable hands of Bremerton's firefighters. The following individuals spoke in opposition to the proposed annexation: Wesley Warren, Stone Way, Wayne Proctor, soon to be resident in annexation area; Following comments were made by the above listed speakers: (1) water/sewer/garbage service will cost more; (2) Perry Avenue Fire District already provided excellent service; (3) already had Police protection services provided by Sheriff's Department and backed up by the City's Police Department; (4) City already has too many streets to maintain and many areas are not maintained on a regular basis; (5) do not want to be taxed in order to have street lights; (6) City has difficulty maintaining their current parks - don't need to add new ones just take care of what they have. #0434 M/S/F(Overson/Collins) to approve notice of intent with an adjustment to the geographical area omitting a portion of Stone Way as described by Ms. Hartson. President Hotton stated she would not support the motion and would like Stone Way residents included in the annexation area because there still is opportunity to drop that portion out during the 75% petition process. Ms. Hartson does a very good job working with the neighborhoods and neighbors and responding to their concerns. Some of the testimony given by #0513 #0529 #0591 TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 12 of 39 residents was erroneous and information could be provided to the neighborhood by Ms. Hartson during neighborhood meetings that will be held. Vote: In Favor: Opposed: Abstain: Motion failed. Overson Waibel, Collins, Dawkins, Colvin, Johnson, Neville, Horton Fitz M/S/C/U(Johnson/Colvin) to approve the Notice Of Intent without an adjustment to the geographical area omitting a portion of Stone Way. M/S/C/U(Waibel/Overson) allow Provisional zoning under the City designation most similar to former county zoning with a review within sixty days of annexation (Chapter I, Section 3, City of Bremerton Zoning ordinance) Mr. Johnson questioned if, in previous annexations, had there been any instances where portions of the indebtedness had been exempted? Mr. Waibel stated yes, in one case Council exempted them all and in another exemption was due to duplication. Ms. Hartson pointed out these were special issue bonds that the proposed annexation area residents had not voted on and it is up to the Legislative body to decide if they will be helped by that bond issue. M/S/C(Waibel/Johnson) to require the area to assume a proportional amount of existing City indebtedness. Vote: In Favor: Abstain: Motion carried. Overson, Fitz, Neville, Waibel, Horton, Collins, Colvin, Johnson Dawkins 9A - TO CONSIDER RESOLUTION NO. 2380, REOUESTINGANAMENDMENT TO THE COMPREHENSIVE PLAN EAST OF PERRY AVENUE MALL WHICH WAS CONTINUED IN FEBRUARY, #AB92-108 The applicant for this Comprehensive Plan Amendment has received County approval for a multi-family residential development on unincorporated land immediately east of the Perry Avenue Mall. The development requires City utility services. In order to receive such services, projects must conform with the City's Comprehensive Plan. To achieve the needed Plan consistency, the applicant is requesting that the site be changed from low to high-density residential. This request has been considered and recommended by the Planning Commission at a hearing on January 21, 1992. In TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 13 of 39 February, the City Council continued this hearing in order to begin proceedings on the annexation of the site. The City has prepared the 10% Petition for annexation of the site. Notices have been sent to all property owners in the area. Amendments to the Comprehensive Plan are made by resolution and a resolution is attached for the City Council's consideration. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with all members of the Council being seated. Ron Hough, Planning Manager, provided a view graph map showing the location of the subject site - east of Perry Avenue, south of East 30th Street and across Perry Avenue from the Perry Avenue Mall shopping center. It also showed main arterial streets serving this property and how residents could get around that part of town. Most direct routes to downtown, Olympic College, PSNS is across Manette Bridge. The County's Comprehensive Plan designates the subject site as "urban". The applicant received approval from Kitsap County for a P.U.D. -apartment complex and a rezone to a high residential zone. The Urban Comprehensive Plan designation allows densities up to 30 units per acre. The subject project proposes approximately 20 units per acre. The County did conduct an environmental analysis of the site, reviewed site plan, held public hearings and approved the P.U.D. request and rezone request. The proposed project needs the public services available from the City of Bremerton. The City's policy is to grant utility services outside the City limits to only projects that comply with the City's Comprehensive Plan. In this case, the City's Comprehensive Plan shows low density residential (0-7 units per acre) and the project proposes 20 units per acre. The only option the developer had besides reducing the size of the project was to apply to the City for a Comprehensive Plan Amendment, which they did, and a public hearing was held January 21, 1992. The Planning Commission determined the proposed project met all necessary criteria for granting an amendment to the Comprehensive Plan and was in a good location for high density residential. City Council then held a public hearing in February, 1992, but because there was an annexation proposal, the final decision on the amendment was postponed until the annexation was initiated. That annexation has been initiated and is in process and the applicant has now requested Council make a decision on the Comprehensive Plan Amendment. At this time the applicant is somewhat "pinched" TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 14 of 39 between processes and would like to get the development underway, and if delayed 6-12 months they would experience problems with the funding element of the project. The Planning Commission's recommendation is to amend the Comprehensive Plan designation to 15-30 dwelling units per acre. Cynthia Stimpson, applicant, explained she and her husband had worked on this project for several years. She expressed concern that their project is caught between two governmental jurisdictions and had met all criteria by all government entities. She pointed out the City's ordinance states that the "applicant only has to be willing to annex" in order for the Comprehensive Plan to be changed. Unlike quite a number of housing units lost in that area because of financing, their project has been approved by HUD to go forward, which provides for non-subsidized, moderate income housing. They are desperately in need of meeting HUD's deadlines in order to meet funding requirements. Mr. Graham, resident in annexation area off of Stone Way, questioned how many people would this complex house? Mr. Hough stated the project is a complex of buildings, 132 units, which are distributed throughout the site with driveways, parking and landscaping between buildings. Mr. Waibel called a point of order and questioned if this issue was being heard in a hearing? President Horton stated yes. Mr. Waibel pointed out if the resolution is passed the date of this hearing and the previous hearing need to be included. Per the Growth Management Act, cities and counties need to increase densities in those areas where development is already in place and this project is one way to help in that endeavor. He preferred to have such development taking place in the City and hoped the initial annexation taken will be approved. Mr. Colvln questioned the number of parking spaces needed for 132 units? Mr. Hough stated he did not know what was required under the Kitsap County code, however, it does meet the County's code requirement, which is very close to the City's requirement. Mr. Overson pointed out Ms. Hartson had stated the County and City codes were identical. Ms. Hartson explained she was referring to the "Building Code". Mrs. Stimpson stated there will be 212-217 parking spaces. Mr. Waibel questioned the City's parking requirement for 16 units per acre? Mr. Hough stated for 132 units the City's Zoning Ordinance requires different parking requirements depending on TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 15 of 39 the size of the complex. Mr. Waibel calculated if it was two spaces for each unit that would total 244 and noted the proposed parking spaces was reasonably close to that number. Mr. Hough explained the site plan had been reviewed by the City prior to its approval by the County. The development is close to City requirements and does include a wide greenbelt through the eastern portion of the property, curbs/gutters/sidewalks along the frontage, deceleration lanes and most features the City would normally require. Mr. Johnson stated he was having difficulty understanding how Planning staff comes to decisions on determination of "non- significance" with regard to the environment. He questioned how could proposed project on a 7 acre plot with a creek running through it, that included 132 units and pave 200 parking spaces, be considered non-significant? Mr. Hough explained it was non-significant enough to not require and Environmental Impact Statement. Mr. Johnson pointed out the County did some type of environmental review. Gary Scott, representing the applicant, stated the County did do their own environmental review and did not ask the applicant to provide an independent study. In each case, the County found that the project met or exceeded the standards necessary to protect the environment. They have subsequently gone through the Department Of Fisheries to make sure there would not be any problems now that they have jurisdictions over creeks. The Department of Fisheries is issuing the applicant a letter indicating their project will have no impact on the environment because of the plan for storm water management. Mr. Johnson questioned traffic impacts? Mr. Scott noted the County also conducted a traffic study and within those studies they are making some mitigations to deal with any traffic concerns. Mr. Johnsonquestioned if that was the case and the developer had to do things to protect the environment, why doesn't the City adopt the County's EIS Study so that it would be enforceable in the future? Mr. Walbel pointed out the County's study stated what they determined...the City did not determine anything as to environmental impacts. He felt it was good to accept the County's study but the particular statement referenced was "the County did a study an they issued the Determination of Non-significance (DNS). Mr. Hough pointed out this project was still in the County's jurisdiction. The City did do a DNS on the Comprehensive Plan Amendment, not on the project. Mr. Johnson emphasized if the subject site did not develop but was annexed and was sold to someone else then the City would be stuck with some property that Planning had stipulated "non-significant" to go to 30 units per acre without an EIS. Mr. Hough stated he felt Council might be confusing the site design and approval TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 16 of 39 instruction with the Comprehensive Plan. A plan amendment for an area outside the City is being processed and the site continues to be under the County's jurisdiction, they are issuing building permits, inspections, etc. If the project happens to come into the City before it is built, then the City has control of zoning, permits, etc., and the City would do its own DNS. Mr. Johnson stated he believed the impact on environment is "significant". Mr. Waibel stated before he could support this request, he needed assurance that, if approved, the City will have a development that meets City requirements. Mr. Hough stated Planning staff did review the plans prior to the County giving approval and before the County's public hearing process. And, they did review the mitigation measures and environmental check list. Planning Staff opinion was that the County did a good job processing this project. Mr. Waibel questioned the differences between the City's requirements and County's requirements? Mr. Hough stated when they reviewed the plans the City's setback requirements were compared for curb/gutters,sidewalks, streets, etc., which were all included. He could not say positively all requirements were up to City standards. The project does have more open space than would be required by the City. Mr. Collins stated he found the proposed Amendment did meet the City's requirement for an amendment to the Comprehensive Plan and would provide additional moderate housing. He questioned how the Amendment would maintain consistency between the different plan elements? Mr. Hough stated he did not invent this criteria and found it to be difficult to interpret regardless of the kind of amendment being considered. He quoted: "Adoption of the Amendment will maintain consistency between the different plan elements and the plan map and conformance between the plan map and implementing techniques". The different plan elements involve things like parks and recreation, land use, transportation, economic, social, etc. The plan map and its implementing techniques are zoning and regulatory issues. This proposal is a change in a residential category - keeps it residential but increases density. It does not have any adverse affects on the implementing techniques and they found no major areas where there was a conflict. President Hotton questioned when a Comprehensive Plan Amendment is made do we require an EIS on what is changing? Mr. Hough stated no, a SEPA Checklist is required to outline what the various impacts are on various components of the environment. If a problem or inadequate information is found, they request additional information and review it carefully. #1472 TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 17 of 39 If it appears there will be a significant adverse impact, then an EIS can be required, or a special study. President Hotton questioned if Mr. Hough felt comfortable with the proposal based on the SEPA Checklist along with the County's EIS. Mr. Hough stated is yes. Councilman Waibel left the Council Chambers at 8:22 P.M. M/S/C/U(Johnson/Colvin) approve Resolution No. 2380, modifying the 6th WHEREAS to say that based upon a review of Kitsap County's Environmental Checklist and studies that the City of Bremerton issued a determination of non-significance on January 18, 1992. Councilman Waibel returned to Council Chambers 8:26 P.M. 9B - APPEAL OF PLANNING COMMISSION APPROVAL OF PRELIMINARY PUD FOR ROCKY POINT VILLAGE~ APPELLANT: DAN M. MCDONALD; LOCATION: 1526 MARINE DRIVE, #AB92-108 On March 17, 1992, the Planning Commission approved a Preliminary Planned Unit Development (PUD) to subdivide 1.17 acres into four lots and construct four zero lot line single- family residences. The preliminary plan is being appealed on the grounds that the development is not compatible with the neighborhood. (Specific objections are stated in the letter of appeal - Exhibit I.) 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 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 Allingham, Current Planning Division, provided a view graph showing the location of the site - east side of Marine Drive at the Marine Drive/Lower Marine Drive intersection. (1.17 acres). The site is comprised of 1.17 acres and has a zoning classification of SF-3. It is primarily surrounded with Single Family (3) on three sides, SF-2 across Marine Drive, and some Professional Office and Commercial zoning to the south of the site toward Kitsap Way. The application for TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 18 of 39 attached single family dwellings with zero lot line is allowed by the Zoning Ordinance in the SF-3 zoning district through the P.U.D. process. A P.U.D. is a two-part process, the first seeks preliminary approval of a preliminary plan, which is approved by the Planning Commission and the final P.U.D. is approved administratively. The Planning Commission's decision can be appealed to the City Council. The P.U.D. proposal provides for the subdivision of the existing parcel into four lots and construction of two structures, each having one dwelling unit on each side of the structure separated by a single lot. The site will utilize a common driveway and open areas that will provide for on-site sewage disposal system. The applicant provided a depiction of what the structures will look like. This does not "lock" in the building of such structures. Mr. Johnson called for a point of order and questioned if it was inappropriate to be showing Council such information? President Hotton stated it would be appropriate if it was the same information provided the Planning Commission. Ian Sievers, City Attorney, stated he did not think a P.U.D. approval extends to design features. What Council would be approving, under the P.U.D., may differ from the artist's conception. President Hotton instructed staff to not use the pictures showing a building design. Mr. A11ingham explained if the P.U.D. is approved, the applicant can proceed with a short plat application and to design structures to fit into that configuration. The Planning Commission placed four conditions on this project: (1) The short plat shall include a maintenance agreement for the private road. (2) The access road shall be designed so that it is on common owned property. (3) Access to the site shall be designed and constructed subject to review and approval of the City Engineer. (4) Driveway access shall not exceed a slope grater than 15%. Dan McDonald, Appellant and neighbor of proposed development, explained several things have happened for he and his fellow neighbors to lose faith in the system. He expressed his displeasure over the subject site being rezoned to SF-3 in 1988, and the fact that he had not been notified of such action prior to it going into effect. He was also upset over the fact there was no neighborhood meeting set up to discuss this proposal. Their neighborhood is a suburban area and there are no other houses of similar design to what is being TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 19 of 39 proposed...three story, 2-bedrooms, and garage. The subject site is the only remaining piece of undeveloped property along Rocky Point. The neighbors are present to support their stance that the subject project is not compatible with their neighborhood. Even though President Horton disallowed the use of the artist's conceptions of the buildings, the developer's rebuttal document states: "it is two stories and has a garage", thus three stories. He found that to describe a rather tall building even if the garage is built somewhat underground. The opposing neighbors are concerned about credibility, management, and government. They are not opposed to development of that site, however, they want it to blend more into what is already established in that neighborhood. Going back to review by City officials, prior to the Planning Commission's rejection of their concerns, there were many valid issues brought up, i.e. fire safety, etc., and the City came back and stated they had all been "taken care of". He doubted the safety of the access road if built at a 15% grade especially when it was icy. He pointed out limited access for fire trucks, however, they were told sprinklers would take care of such problems. The height of the building will impeded his view of Oyster Bay, which did not make him happy because he is paying taxes for view property. Other concerns about "shading" were brought out by other neighbors. The P.U.D. does cite there will be blank walls, which they feel is an issue but was not sure how that would bear on Council's consideration. In the report it stipulates, by a Planning staff person, that this class of house should not be placed in a suburban area and would be more suitable for urban areas. In reference to the "Rebuttal" document from the developer, he felt it was full of erroneous and ambiguous information. A statement is included stating: "with anticipated sales prices of $90 - 105,000 they will greatly exceed the assessed value of Mr. McDonald's house". The developer did not check with Mr. McDonald and had he done so he would have learned that a real estate company had indicated he could market his house for $105-115,000. Another statement says: "it will have a positive impact on the neighborhood" - the neighborhood is opposed and present at this meeting to voice that objection. The neighborhood is requesting reversal of the Planning Commission's decision and that the property be developed with something more compatible with the neighborhood. Mr. McDonald presented Council with a folder of pictures showing the character of the subject neighborhood. If a reversal decision is granted, he felt their faith in the system would be restored. Also, he believed the developer had been allowed too much latitude and there were several mistakes and errors TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 20 of 39 made that negatively impacted their neighborhood. Paul Plett, applicant, pointed out in looking at the site originally, they thought rather than apply for a 4-lot short plat they would apply for the P.U.D. because of the site layout. The property slopes from the rear toward the road and the proposed access road would be the existing access that has been in place at least nine months and probably a matter of years. The property is zoned for at least nine units and even if they short platted it into 4-units and ran the property lines perpendicular to the road, the lots would be equivalent in size to many neighboring property. The subject proposal requests less density than is required and they have not requested any variance from what the City requires or zoning designation in terms of height, setback, number of units. The reason they did not go forward with a community meeting at that time was that they thought the request was so benign it would not generate any interest, which just proves one can be wrong. The value of Mr. McDonald's property that was mentioned in their rebuttal was obtained from the County Assessor's office. The following individuals spoke in opposition to the proposal: Edwin E11ers, 1525 Rocky Pt. Rd.; Eleanor Forbes, 1519 Rocky Pt. Rd. Following are comments made by the above listed speakers: (1) question - what will this development do to the "fight on drugs"...it is a secluded environment; (2) proposed buildings will not be compatible with existing homes; (3) Planning Commission voted to require the developer to come back with a plan that was more compatible with the neighborhood - this was not done; (4) dangerous area for children to have to walk to school; (5) if patios are added it will be within a few feet of neighboring property lines; (6) shading of gardens; (7) run off of rainwater into neighboring homes with basements; (8) developer does not care about what happens to neighboring properties. Mrs. Fits expressed concerned that the driveway coming out onto Marine Drive was unsafe. She questioned the width of the proposed driveway? Mr. Overson pointed out the drawing of the P.U.D. showed a 20-foot driveway. Mrs. Fits noted the location of the driveway is hidden from traffic coming down Marine Drive. Unless the developer was to widen the driveway and clear trees, which might not be good for the dirt bank, she felt it was a dangerous place to have an ingress/egress road. Dave Baker, City Engineer, stated the Engineering Department had looked into the access and some recommendations TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 21 of 39 were made. He would review the proposal to see if those recommendations were incorporated into the plan. Mrs. Fitz noted there was a comments made by the Street Department that "any development that results in 5,000 sq. ft. of impervious area must provide a storm detention system and this development appears to be over that amount so detention would be required". She questioned where would a detention system be located on the site? Mr. Baker stated the detention could be done in each individual lot, which is the normal method. There is also the possibility of putting such a system in the right-of-way, however, they do not recommend that method. Mr. Johnson questioned how Brem-Air Disposal trucks could access up a 16% grade without waking up the entire neighborhood? Mr. Baker stated trucks traversing such a grade would make as much noise as trucks traversing Burwell just beyond Callow Avenue. Mr. Johnson questioned the maximum logical number of very small houses located on the site? Mr. Hough stated with a sewer system one house for every 4,800 square feet of lot area would be allowed (10 houses). In this case it is proposed to have zero lot line P.U.D. for four units, which is less than half of the density with sewer. The P.U.D. is approved by the City and is locked in as a P.U.D. If the developer wanted to do something different in the future, they would have to revise that P.U.D. through a public process. Mr. Johnson questioned if height restrictions were the same for SF-3 as they are in this P.U.D.? Mr. Hough stated the 30 foot height restriction is the lowest height restriction in the City. There are higher heights allowed in more intense zones. Mr. Johnson questioned if the developer could take one half of the proposed buildings and place it on a small lot? Mr. Hough stated yes, the developer would not be in this process if he only desired to short plat into four lots, which could happen. Part of what staff does is to encourage the developer to do something a little more creative for more efficient use of land. Staff believes the proposed design is a better design than what could be done if it were divided into four lots. Mr. Collins pointed out comments in the Planning Commission's discussion stated one of the adjoining property owners testified that the location of the property lines were in question. And, a "note:" was added stating a survey is not required for short plats with four or fewer lots nor for building permits. Recently, Council became aware that Mr. Baker, City Engineer, made a decision that based on other applications for short plats a survey is required. Mr. Hough stated that was correct, the way it is currently worded a short plat requires a survey unless waived by the City TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 22 of 39 Engineer. Mr. Collins emphasized the City Engineer had indicated to Council that he had no intention of waiving that requirement. Mr. Hough stated that was correct and the Planning Commission also decided they wanted a survey required to assure property lines are correctly identified. Mr. Collins stated considering the fact that the School District was not highly in favor of this particular project, was there any mitigation given to them? Mr. Hough stated normally for a development of increased density they have been receiving negative comments from the School District because they always feel they are at or beyond capacity at schools. The City does not have impact fees that provide income to schools for a new development. Mr. Collins questioned if the primary drain field was large enough to provide sewer service to three additional units and did the City have something in writing that stated such additional facilities would not be built? Mr. Hough stated this proposal is a P.U.D. and once approved it is locked in and becomes recorded. If at a later time City sewer services are made available and they desired to hook up additional units, the developer would have to request a revision to the P.U.D. and would still be restricted to the density of the zone, which is one unit per 4,800 sq. ft. Therefore, it is possible to change it in the future but would have to go through the public process. Mr. Collins questioned how did this site get zoned SF-3 when surrounding properties are zoned SF-i? Mr. Hough pointed out surrounding property is SF-3 to the northeast side of Marine Drive. Mr. Waibel pointed out under the Planning Commission's response to Criteria #1..."that the overall densities proposed far exceed the zoning and comprehensive plan limitations". He felt the words "does not" should be interjected after the word proposed. Mr. A11ingham stated yes, it is within the limitations of the Zoning Ordinance and Comprehensive Plan. Mr. Waibel stated he had experience in designing logging roads in the Olympic National Forest, which are fairly steep and one of the ways to do that is to traverse the side hill in a diagonal. He questioned with the new type drain fields available, is it possible to put a road across the top of the drain field? Mr. Baker stated that would be up to the Health District. Such a design had been used, however he was not sure it would be approved by the Health District. Mr. Waibel felt if such a design could be achieved, it would provide more maneuvering ability. Mr. Overson emphasized Zoning Ordinances and land use laws are generated to protect the owners of the real estate relative to their use and those who live around it relative to their right of privacy and quality of life. He questioned if the City's TAPE #1015 City Council Reg. Mtg. Minutes April 22, 1992 Page 23 of 39 Zoning Ordinance or any other ordinance guaranteed height? Mr. A11ingh~m stated the 30 foot height restriction and setbacks generally provide some protection. Shoreline regulations does get into some view protection but it is mainly designed for views from public areas, streets and view corridors. Mr. Overson felt the documentation had contradictorypoints - the applicant's statement indicates the buildings will be 32 feet in height. He questioned if this meant all the way to the peak of the roof? Mr. A11in~ham stated there is not enough information provided for Council or staff to make a determination on the height of structures to be built on this site. Mr. Overson stated on that basis, going by the level of height limitation, does that mean nothing above that height? Mr. A11ingham stated there is an averaging method used in calculating heights as stated in the Zoning Ordinance. Mr. Overson questioned if that figure goes to the peak of the roof? Mr. Allinghamexplained on a pitched roof it is measured to the mid point between the ridge and the eve. If it was a flat roof, it would be measured to the top of any parapet surrounding the flat roof. Mr. Overson stated for clarification then the structure could end up being 34 feet high. Hequestioned if this project met the best density use? Mr. Allinghamstated it all depends...as a City tries to develop housing stock, it may be in the best interest to increase density and provide that resource. That could not be done at this time without City sewer service. The proposal to put in 4 units is efficient use of the land. TAPE #1016 Mr. Overson questioned when would sewers be available in that area? Mr. A11ingham stated it could be available in the near future with the Oyster Bay subdivision bringing sewers into that area. Mr. Oversonquestioned if sewers were available is there a requirement for them to hook up? Mr. Waibel stated no, only if the Health District so dictated. Mr. Overson questioned if the project was meeting the 15 foot setback requirement and if the patio area was different? Mr. Allingham stated the project does meet the 15 foot setback requirement. The Zoning Ordinance allows certain intrusions into the rear yard, small unobtrusive structures, accessory structures, steps/porches/patios. Mr. Colvin stated he understood there is a trend to increase density within the City. President Hotton emphasized increased density is not a trend but a State mandate. Mr. Colvin questioned when encouraging density is consideration given to the impact to surrounding properties and quality of life and was it done in this case? Mr. Allingham stated yes, whether or not there is a causal relationship between crime TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 24 of 39 and high density, there may not be a causal relationship but there may be a correlating relationship between high density and crime. President Hotton pointed out the density allowable for this site is not "high density". This lot could be developed to a density of 10 houses and the developer proposes building four units. Mr. Colvin questioned why was a Special Use Permit required? Mr. Hough explained this is a P.U.D. and the developer wants to build zero lot line houses on smaller lots to concentrate them on the part of the property most suitable for that development. If the developer did not do that, he would probably be limited to dividing it into four equal pieces at a fairly conventional design. The request before Council is an appeal of the Planning Commission's decision to approve the P.U.D. Mr. Colvin pointed out the neighborhood was concerned that the developer had not met with them on this proposal. Mr. Hough stated originally there was not a neighborhood meeting, however between the two Planning Commission hearings there was a meeting between the developer and neighborhood members. No alternatives were identified at that meeting and at that time the neighbors were more interested in the proposed design of the buildings. The surrounding property owners also have the right, with their zoning, to build structures 30 feet high unless recorded covenants prohibit that in any way. Staff did not want to penalize the developer for going through a process to be a little more creative and end up with less than what he began with. Mr. Dawkins noted a three story building is somewhat unusual in Bremerton and he questioned if the garages could be placed on the side of the two units would that block out neighbor's view? Mr. Hough stated that would make the units wider and the lots could be made larger as well. Mr. Dawkins felt having four units would be less adverse impact on the neighborhood. Mr. Hough stated this property is considerably lower than the properties behind it - a grade separation. It would be like removing a story anyway and not sitting 30 feet above residents on adjacent properties. President Hotton questioned the location of the greatest amount of vegetation in the subject area? Mr. Plett pointed out the terrain and current types of vegetation. President Hotton questioned if the vegetation was as tall as the proposed height of the buildings? Mr. Plett pointed out existing trees and other types of vegetation that was about ten feet in height, with berry bushes along the back line of the property. President Hotton stated the lot lines needed to be sorted out legally, especially if the neighboring property owners propose litigation at some point. She #0510 TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 25 of 39 believed this development is probably far more desirable than it could be under the scenario of "10 little houses". She also believes aggregate housing is far more desirable than separating them because it maintains open/green space. She felt the "height" of the buildings was the only issue and the developer was not requesting an exemption from the SF-3 zoning, which means their height is ok under the Zoning Ordinance. Mr. Walbel stated if the P.U.D. is passed at this time without giving exception to the height restriction, then they are restricted to that height. Mrs. Fits emphasized Crown Hill School is the closest school, however, they are busing child to other schools because there is no room at Crown Hill. President Hotton pointed out a new school will be opening in the fall. Mr. Waibel stated he supported the P.U.D process for this project, however, he was not satisfied with the driveway and felt it could be improved. He was at the point where he felt the P.U.D. should be continued until the developer had an opportunity to go to the Health Department and see if there was a design that could support allowing a driveway over the septic system. Mr. Colvin stated he would also like the stipulation that the developer have a meeting with the neighbors. Mr. Hough stated the slope of the driveway was 16% - this issue was taken to Traffic Safety Commission, as well as having it reviewed by the Engineering Department, and several recommendations came up including sight distance improvements in area entering Marine Drive. They also wanted the driveway flattened down to 15% grade because that is the City's street maximum for a public street, however, this was not a public street. Mr. Walbel stated if the percentage of grade can be reduced, it should be. Mr. Collins questioned if this appeal is continued would Council have to take public testimony again? Ian Sievers, City Attorney, stated no, it would be just continuation of Council deliberations. M/S/C/U(Waibel/Fitz) to continue the appeal for three weeks, allowing sufficient time for the developer to investigate driveway slope mitigation and other issues that were brought up during this discussion. 7A - AUTHORIZATION TO FILL POSITION OF ENGINEERING TECHNICIAN #0677 TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 26 of 39 II - UTILITY DEPARTMENT, #AB92-104 City Council Resolution No. 2383 provides for formal approval for filling vacant positions. The Utility is requesting formal approval to fill the position of Engineering Technician II (Customer Service Technician). The position is currently unencumbered and is being staffed with temporary help. The temporary employee currently filling the position has accepted a full-time position with another agency effective April 1, 1992. This position is necessary for the operation of the Utility in providing utility services to the community. President Horton announced the portion stating "(Customer Service Technician)" has been deleted from the title. Bill Duffy, Utilities Director, stated this request is to fill a position that was vacated several weeks ago by an employee who took another position. Mr. Waibel stated he had been talking for five or six years about the fact we need to do a better job of reviewing what goes on in the City's Utility. When a statement is made, under the Clearance Comments section, we do not have to consider it because it is not a General Fund impact, we are on the line legally for not representing the citizens. He emphasized this does affect the rate payers and there is a good reason for approving this item and that is the reason it should be given clearance approval, not that it has no impact on General Fund. If we don't review every physical item submitted with close scrutiny, the City will have the same kinds of problems in those funds as we do in the General Fund. Mr. Johnson emphasized this item is before Council because of the "hiring freeze" put on the General Fund because it is in trouble. President Hotton pointed out this item was reviewed by Fiscal and Budget Committee, who did recommend approving this position. Public comment - none. M/S/C(Johnson/Dawkins) to approve the Utility's request to fill the position of Engineering Technician II because it does not have any impact on the General Fund, therefore, not falling under the hiring freeze. Vote: In Favor: Overson, Neville, Fitz, Horton, Collins, Dawkins, Colvin, Johnson #0753 TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 27 of 39 Opposed: Motion carried. Waibel 7B -AMENDMENT NO. 2, CONTRACT NO. 3279/PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF BREMERTON AND PARAMETRIX, INC. {MCKENNA FALLS SURFACE FACILITY IMPROVEMENT), #AB92-105 Amendment No. 2 to the professional services contract (Contract No. 3279) between the City of Bremerton and Parametrix, Inc. associated with the McKenna Falls Surface Supply Facility Improvements provides for the extension of the termination date of the contract from December 31, 1991 to December 31, 1993. The extension is necessary to allow for the final design and construction management of the project. Bill Duffy, Utilities Director, stated this is a housekeeping item brought about by his being late in getting the project moving along as a result of some State Health Department requirements. Public comment - none. M/S/C/U(Overson/Colvin) to approve Amendment No. 2 to Contract No. 3279 for professional services associated with improvements to the Utility's McKenna Falls Facility and authorize the Mayor to execute said Amendment subject to City Administrative Policies and Procedures. 7C - CALLOW AVENUE DRAINAGE BASIN IMPROVEMENT/PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND CH2M HILL, #AB92-106 The Utility, in response to W.A.C. 173-245 requiring the elimination of combined sewer overflows (CSO's) and the proposed expansion of the Puget Sound Naval Shipyard, has a requirement for professional services for the pre-design, design, and construction management of improvements associated with the Callow Avenue Drainage Basin Separation Project. Attached for City Council's consideration is a professional services agreement between the City of Bremerton and CH2M Hill. Services include Step I - Pre-design Engineering and Miscellaneous Engineering Services for the separation and replacement of the combined sewers in the Callow Avenue Drainage Basin. The estimated cost of professional services is as noted below: TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 28 of 39 Step I - Pre-design Phase Services/ Drainage Basin Planning $222,000 Miscellaneous Engineering Services $ 71,000 TOTAL $293,000 Bill Duffy, Utilities Director, stated this project is being done in concert with CSO planning efforts, some of the Urban Bay Action planning efforts, Wastewater Comprehensive Plan as well as the PSNS expansion. The Utility has been involved in this project for some time and had applied for a grant under the Centennial Clean Water Act, which did grant partial funding for this project. Mr. Duffy provided a map showing the Callow Avenue Basin, one of the largest basins in the Utility with regard to sewer and storm sewer service. As indicated, the current status of the basin is that the City is exceeding over 90 overflow events per year and that needs to be reduced down to no more than one, per State statutes. The City is discharging in excess of 30 million gallons of combined sewage a year through an overflow at the south end of the basin. This proposal is the first element of the project, which would provide a pre-design engineering report, which includes language for design and construction management. The attachments only allow funding for the pre-design report. Ultimately, the project will cost the City between 12-15 million dollars to complete. The pre-design report will allow the Utility to seek additional monies from outside agencies, specifically the Centennial Clean Water Act as well as Federal government with regard to the Shipyard expansion. Mr. Waibel questioned what is the potential amended cost of this Professional Services Agreement? Mr. Duffy stated this contract provides language to do the entire project, however, at this point only the pre-design report will be funded, which amounts to $293,000. Mr. Waibel stated Council was probably setting itself up to be asked to amend the contract to continue the monitoring through the construction phase and basically authorizing that now. Mr. Duffy stated that was correct. Potentially, the Utility will spend between 12-15 million dollars on the project, which includes construction. Mr. Waibel emphasized this contract will not be amended to provide for construction funding. He questioned what will the Professional Service Agreement possibly be expanded to? Mr. Duffy noted the $293,000 will cover the pre-design and he estimated design would amount to about 10 - 15% of the construction cost. Until it is known what is needed in regards to design, he could not give a specific number other than a rough percentage. Mr. Waibel stated for clarification TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 29 of 39 that the City is locking in the Professional Services Agreement for about 1/4 million dollars which will probably end up totally 2 1/4 million dollars. Mr. Dully stated that is correct. Mr. Waibel pointed out that was about a 1,000% increase in the original obligation and this needed to be discussed. Mr. Dully stated it needed to be recognized there will be additional costs. That cost will not be known until the first elements are completed and he would be back with an amendment...which could mean 2-4 million dollars depending on the design and permit requirements. Mr. Waibel stated with that in mind in terms of our Professional Services Agreement solicitation did Mr. Duffy consider this group the most qualified to do the entire project? Mr. DuffV stated yes, the Utility did solicit proposals, which were reviewed by a committee, who recommended this firm as the best of all those submitted. Mr. Waibel questioned if they were aware of the potential expansion of the agreement? Mr. Duffy stated yes. President Horton stated she participated, as a non-technical person on that review committee and all other members were highly qualified to serve on that selection panel. She stated one of the points this firm stressed was they were very good with dealing with the community. This is a very large project and she felt the community needed to be made aware of the impacts to their lives that this project will create. This aspect is very important to her because of the poor job of "public relations" provided during the Snyder Avenue project. #1056 Public comment - none. Mr. Collins questioned if Mr. Duffy was already doing some work on this project in the Callow Basin area. Mr. Duffy stated no, what they are doing is reviewing their drawings and getting their records straight. He has been dye testing storm and sanitary sewer lines to straighten out his records in preparation for the project. M/S/C/U(Johnson/Colvin) to approve the professional services agreement between the City of Bremerton and CH2M Hill and authorize the Mayor to execute said agreement subject to City Administrative Policies and Procedures. President Horton announced Items 8A and 8B would be discussed jointly. 8A - AGREEMENT WITH PORT OF BREMERTON TO ACT AS LIMITED SURETY FOR THE OVERWATER PARK MITIGATION PROJECT, #AB92-112 The Army Corps of Engineers Permit for the Overwater Park has been revised to allow additional time to comply with TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 30 of 39 Mitigation required of the project, subject to conditions. One condition is execution of an agreement with The Port of Bremerton to act as a limited surety for faithful performance of the Mitigation project. Upon notification from the U.S. Army Corps Of Engineers that the City has failed to make satisfactory progress, the Port, under the agreement, will utilize City security to complete the project. The proposed agreement includes access to any City site proposed for Mitigation work. Mayor Mentor stated he had received many telephone calls as well as verbal comments that indicate the citizens are being supportive of the boardwalk project. He emphasized the cooperation of the Port of Bremerton as well as state U.S. Senators and Congressional Representative Norm Dicks. Even though the Corps has brought pressure upon the City, they have been very cooperative and worked very hard with the City Attorney to work out an agreement. He received word from the Colonel of the Corps of Engineers indicating if this agreement can be approved and faxed to him he would immediately remove the Stop work order and work on the project could start on Friday or Monday. Ian Sievers, City Attorney, stated the project had been stopped for over two weeks because of failing to comply with a special Mitigation condition in the original Army Corps Of Engineer's Section 10 Rivers/Harbors Permit. Under powers reserved in the original permit, the Corps can re-evaluate its decision granting the permit, which might include suspension or irrevocation. The Corps is now prepared to reissue the permit with a revised Mitigation condition: (1) Mitigation is more clearly specified to Mitigation of Habitat impacted by construction of the overwater park; (2) the condition allows the City additional time to complete Mitigation, specifically March 1993, and is conditioned on a number of points: (a) structured timetable of events which the City must meet; (b) required a third party surety that guaranteed performance of these various bench marks and, if in their opinion, there is a default in any bench mark this surety would go into effect and complete those requirements. The Port Of Bremerton has been approved as surety and agreed to perform this role; (c) City is required to post security with the Port for their use in completing the Mitigation, if required. The City has negotiated three forms of security that might be used: cashiers check, assignment of funds or letter of credit. These are all available and may be substituted. Each has its own advantage to the City, depending on the point in the project, how much money is required and how long it has to be TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 31 of 39 posted. The security may be reduced during progress on the project, specifically at two points: (1) when the final Mitigation project is approved and designed the security can be reduced to the actual cost of construction and monitoring; and (2) after completion of construction, the security can be reduced to the estimated cost of monitoring. There is still uncertainty, as it was in the original permit, as to how long monitoring will go on. The City is obligated to continuing good performance of conditions of the Permit, which includes the Mitigation project. We do not know the exact cost involved, however, we think this is the most conservative estimate of the project and have the Corps agreement that this is a "conservative" estimate for the Mitigation condition. If the City does not move forward on the Mitigation project, the Corps does have certain powers, under the original permit, and can contract for Mitigation action the City was to undertake and bill the City for that action. The project cannot be abandoned or the Corps can cause site restoration at our expense. Council is being requested to approve the performance agreement with the Port as security, as required by the Corps Of Engineers. Secondly, that the City transfer funds into the Overwater Project construction funds to provide the security the Port requires. President Hotton noted for clarification the monitoring of the Mitigation could go on for several years and anywhere in that interim if the Corps feels that Mitigation is not working they can come back and require more mitigation. Mr. Sievers stated that was correct. Rich Hanna, City Treasurer, stated as mentioned by the City Attorney, there remain several unknowns in our negotiations with the Corps. The Corps Of Engineers is requiring the City to post $480,125 surety deposit, which will be made with a local bank in favor of the Port of Bremerton as security interest. In addition, the City needs to move forward with the initial phase of the Mitigation project - a data gathering and design process at an estimated cost of $100,000. For that reason, the next Agenda item is a Resolution authorizing the Interfund Loan in an amount sufficient to cover those elements of the Mitigation project. As was discussed in the Study Session, this is not the end of the project...behind the data gathering and design element the next step will be construction of the Mitigation project. Additional issues will be brought to Council when more information is known and additional financial requirements needed to fund those elements. President Hotton stated at some later date Council will need to discuss payback of funds to the Public Works TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 32 of 39 Complex fund. Mr. Hanna stated that was correct. Mr. Johnson stated the cost of the Mitigation project seems to be growing at the rate of $100,000 a day, however, there are some things he wanted on the record: (1) referencing the Treasurer's financial plan, it mentions the Golf Course Fund as a possible source of funding. He felt that should be "ruled" out of the Treasurer's thinking at this point in time. (2) If an interfund loan is being done from the Public Works fund, the amount of money in that fund after payback should be no larger and not be allocated any more money or expenditure authority than it is today. Mr. Hanna stated he had language coming up that would address that issue. Mr. Johnson noted there are rules when borrowing from a Public Works fund that you pay at a rate of interest (5.5%), which amounts to $14,000. That would mean the Public Works Fund would be that much larger with increased budget authority than it is today. He has no intention of allowing that to happen. Mr. Hanna stated he did not think that was correct. The unused funds that are currently available in the Public Works Trust Fund would earn interest to the benefit of that fund were they either invested or as they are presently in external investments of the City. The interest income currently budgeted in the Public Works Construction Fund will not be impacted by this borrowing, it is an alternative investment. Those funds are currently part of pooled investments of the City and the yield on those investment is actually higher than 5.5%. His proposal of a 5.5% interest payment was to ensure receiving at least a return of interest on borrowed funds to off set coupon interest on the notes. Mr. Johnson expressed concern of the "Privileged And Confidential" notation on correspondence from the Corps of Engineers and questioned if the City would go to jail for making this public information? Mr. Sievers stated it was his understanding the City requested this information so they would have, in writing, the Corps position. He was sure that would modify the form that was used to transmit the information. Mr. Johnson emphasized the City still did not know what mitigation is, what is an acceptable response to whatever we are mitigating, and we know we probably can't get any of our money back for 5-7 years and the Corps can increase the amount of money needed to complete the Mitigation. Mr. Slevers stated it was most likely the City would get money back as progress was made over 5-7 years, that amount can be adjusted. Mr. Johnson pointed out the Corps decision is not appealable and all depends on the District Engineer. Mr. Waibel pointed out there. has been a critical change in the Permit and that is a change from "how many fishes there are in TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 33 of 39 the sea" to "whether or not there is feed available (habitat)". Whether or not that is sufficient to main a fish run is no longer part of the Permit, but was initially. Mr. Johnson stated if he was an environmentalist and doing a debate he would say that unless you are talking about fish at the top of the food change everything else would be habitat. Mr. Waibel stated the Department of Fisheries does have a definition of habitat in terms of acreage, amount of food available within that area, etc. The City has a better chance to meet that definition for Mitigation than we do for how many salmon come back every year. Mr. Overson stated he did not agree with the determination that there was need for an additional $100,000. He sees nothing that validates the requirement for the extra $100,000 plus he sees nothing that validates that amount should come from this fund. What someone is doing is to delay another hard decision, trying to weave Council into a commitment that later on makes a hard decision. He recommended that Council leave that hard decision with staff and have them identify the source of funding at a later time. He felt it looked a lot like the contract litigation problem that the staff held from Council when the contract was granted. Previously, staff pointed out: "we didn't tell you Council because they might not have approved the contract". If staff had been up front with all of the information, Council could have had the opportunity to reduce the size of the project to an affordable amount, which would have also removed a large portion of the Mitigation problem. Now, we do not have that choice and the only choice is to get those fund from whatever source. He emphasized the method of interfund loans is ruinous to a City, especially in a year when the City is facing financial problems. He wished we had a good manager who would have provided all information up front so that Council could made good choices. Mrs. Fits questioned if someone had been selected to manage the mitigation project? President Horton stated one of the elements in the Auditor's report was a recommendation to hire a professional Project Manager. She felt it would be up to Council to see that someone was hired to take on that responsibility if the Administration failed to carry out that recommendation. Mr. Colvin requested Mayor Mentor to respond to Mrs. Fitz question. Mayor Mentor stated the City is hiring Bruce Dees and Associates to do the Mitigation project and they have an expert in that field to follow through and make sure the Mitigation works. Mr. Johnson questioned who in the TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 34 of 39 Administration is responsible? Mayor Mentor stated right now the Project Manager is Dave Baker. Mr. Waibel stated for clarification that at this point we are agreeing that Mitigation is part of the project. Mayor Mentor stated yes. President Hotton emphasized the need for a separate Project Manager to take on this project as their sole job. Mr. Colvin pointed out for every day the project was shut down it was costing the city $2-3,000. Mr. Collins pointed out the City is being required to set aside $480,125 as security for the Mitigation Project; and in order to accomplish the design of the Mitigation project Council is being asked to approve funding for $100,000 to carry out that work. He questioned if his understanding was correct? Mr. Hanna stated Mr. Collin's conclusion is correct, there are two things Council is being asked to fund - $480,125 for surety and based on the requirements of the Corps for lifting the stop order the City needs to commence work on the Mitigation project and the first evidence of that is data gathering and design of the Mitigation project. It is estimated those elements of the project will cost approximately $100,000. Mr. Colllns questioned if there was a contract with anyone on this particular part - or are we setting aside the $100,000 and saying we can charge against that amount? Mr. Sievers stated they were in the process of drafting the contract, which should come before Council the following week. Vicki Vanneman, Parks and Recreation Director, stated she received a FAX today from Percy Washington of GAIA Northwest Inc., a Fisheries sub-consultant to Bruce Dees and Associations, the firm that has been chosen to do the Mitigation work. Neither are under contract at this point, however, there is a proposal for scope of work for Mr. Washington's work. The estimate of $60,665 for all of the baseline study work for both sites is an accurate figure and that along with #2, survey construction documents and bidding services (Dee's contract) of $34,0000 make up the $100,000 to accomplish items 1-5 obligations with the Corps. Mr. Johnson questioned when would Council see those contracts? Ms. Vanneman stated they will work on them immediately and would hopefully come to Council Committee next week and on the Council Agenda the following week. President Hotton stated even though someone said the Corps would allow the $100,000 to be taken out of the $480,125, she did not think we should hold our breath waiting for that to happen. Mr. Waibel questioned do we have to, at this time, authorize TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 35 of 39 expenditure of the money for the design in order for the Corps to lift the stop work order? Mr. Sievers stated no, that was not a requirement of the Corps. We certainly want to have funding to start on that work. It was his understanding that going forward on the boardwalk and going forward on the Mitigation was separate. Mr. Johnson suggested directing the Mayor to come back, preferably next wednesday, with a negotiated contract and budget adjustment for approval not later than two weeks. This would demonstrate Council's direction to "get on with it". Mr. Colvin questioned Ms. Vanneman if this would allow her to hire someone to take on the Mitigation project. Ms. Vanneman stated we can go ahead and work on the scope of work and then bring forward a contract for that work. Mr. Sievers was more involved in discussions with the Corps and if he does not feel there is a need to have the $100,000 set aside at this time and have the permit lifted tomorrow that is the case. Mr. Waibel stated for clarification if we were to authorize at this time $480,125 to an escrow fund that would be sufficient to lift the stop work order as long as we also assure the Corps we will be moving rapidly in the direction of a contract for the design of the Mitigation project. Mr. Sievers stated yes and by also approving the agreement with the Port that assurance is contained in Exhibit A of that agreement, which is that detailed, structured time table. President Hotton questioned will that satisfy the Corps? Mr. 81evers stated yes, if the City accomplishes items 1-6 to the best of its ability. However, if we don't accomplish that work within 120 days, the Port will start spending the City's $480,125. Mrs. Fitz stated when staff brings back a budget adjustment to fund the Mitigation project there also needs to be included funding for a Project Manager position. Mr. Overson pointed out the City had been paying Portico group for managing this project. He questioned what has that gained us? He emphasized the need for a City staff member be identified as someone directly responsible for this project. Mr. Collins supported the idea of setting aside $100,000 at this time thereby showing the Corps Of Engineering the City's intent to move forward on this project. Mr. Dawkins stated his support of Mr. Collin's position and felt the City should not be "playing games" with the Corps. Steve Galkie, Gregory Way, stated he had been following this issue in the newspapers for a long time and he became concerned over recent comments questioning "will it even TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 36 of 39 happen". He urged Council to move forward on this project because it would benefit the residents and local businesses in the downtown area. He looked forward to opportunities for his family to enjoy the boardwalk once it is completed. Doug Harvey, Kitsap Lake, urged Council to "bite the bullet", putting aside the problems and dealing with it in a rational way. He felt everyone was trying to work together and commended everyone for doing a good job. Mr. Johnson emphasized there is no intention or way the Council could stop this project - it must be completed. He cautioned that next year there may be major City service reductions resulting from the current boardwalk process. President Hotton stated she will vote no on both motions on these issues out of protest. She understands that the project must go forward and had worked diligently to see that happens. However, Monday she was called and asked if a phone poll could be made to Council members and approve a check for $480,125, which she refused. At that point she suggested calling a hastily put together meeting and she was asked if it could be done in an Executive Session, again she refused. A Study Session was called and at that time Council was asked to consider it a formal Council meeting and approve this issue at that time. Council felt it was inappropriate to do that and the issue was held over until this date. This is an issue that is very difficult. The notion that we have lots of money in other funds is fallacious - it is gone. This Mitigation will have to be paid back directly out of the General Fund and that means Police, Fire, parks and other services. We, as a Country, have a Federal deficit that is astronomical. Projects come on all the time that are carried out to a point in time where people know you can't turn back; and that is exactly what has happened on this project. We, the Council, have been placed in a position where we cannot say no. Well, she for one, as a tax payer, is tired of it and as an elected official she is tired of being put into a box with no options. Earlier this evening Council was presented an ordinance that was to be passed unanimously, which took away her right of dissent. She highly objected to the process and she is standing up and say "it has to stop". My "no" vote will reflect my dissent - not on the project as I believe it must go forward. She hoped that this situation never happens again. #2815 M/S/C(Waibel/Collins) to approve Resolution #2388, changing the last paragraph as follows: "Now Therefore, let it be resolved that the City Treasurer is authorized and directed to #3003 #3065 TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 37 of 39 transfer $480o125.00 from the Public Works Complex Construction Fund to an assigned fund account of the Overwater Park Construction Fund to be reflected in an appropriation ordinance to take effect before the expiration of 120 days or until the current construction contingency is obligated, whichever occurs first. If an appropriation ordinance is not passed this amount will automatically be refunded to the Public Works Fund and a Letter Of Credit issued in this amount to secure the CitV's obligation under the Army Corps Of Engineers Permit for the Overwater Park. Mr. Collins questioned how are we going to pay for the contracts Ms. Vanneman will be bringing to Council next week? Mr. Waibel stated a budget adjustment request can be brought forward at the time the contracts are presented. Also, the City will be obligating themselves to the Port to complete the Mitigation project in 120 days. Mr. Colvin questioned if this motion required a unanimous vote? Mr. Slevers stated this is not an appropriation ordinance requiring a unanimous vote for emergency passage, but rather a motion transferring funds. Vote: In Favor: Opposed: Abstain: Waibel, Collins, Dawkins, Colvin, Overson, Neville, Fitz, Horton Johnson M/S/C/U(Waibel/Collins) the City waives its review requirements by Fiscal and Budget Committee for appropriation of money for a contract for testing and establishing a baseline and direct staff to return that contract next week. M/S/C(Waibel/Dawkins) that the City Council approve proposed performance agreements for Mitigation with the Port Of Bremerton. Vote: In Favor: Opposed: Overson, Neville, Waibel, Collins, Dawkins, Colvin Johnson, Horton Mr. Johnson stated he did not believe the Mayor or Council were happy with the process and no one would like to do it again. He believed the Project Manager would come forward in some form in the near future. More needs to be addressed and from a Fiscal and Budget point of view he is putting together some documents that when staff comes to Council for major projects minimum document requirements will be identified. He recommended putting together a "Blue Ribbon" committee before TAPE #1016 City Council Reg. Mtg. Minutes April 22, 1992 Page 38 of 39 jumping into 5-6 other major project that are almost on the drawing board. 8B - RESOLUTION #2388 AUTHORIZING AN INTERFUND LOAN FROM THE PUBLIC WORKS COMPLEX TO THE WATERFRONT PARKS CONSTRUCTION FUND, #AB92-113 The Waterfront Parks Construction Fund has an immediate and short-term need for cash to provide funding for a surety deposit and provide funding for a surety deposit and to pay for data gathering and design of the required mitigation project. Following the 120 day design period, permanent arrangements will be made for project funding and surety. (Note: Discussion and motion adopting Resolution #2388 are recorded under Item 8A.) TAPE #1017 8C - ORDINANCE NO. 4374 (SECOND READING) REPEALING PERSONNEL POLICIES ON WAGES. HOURS, AND BENEFITS IN BMC CHAPTER 2 THAT NO LONGER APPLY, #AB92-075 Public comment - none. #0010 M/S/C/(Waibel/Colvin) to pass ordinance No. 4374 on second reading, repealing provisions of the Municipal Code establishing wages, hours and benefits, chapters 2.36, 2.40, 2.44 and 2.52 of the Bremerton Municipal Code, and codifying City Hall hours and holidays. Vote: In Favor: Overson, Fitz, Waibel, Horton, Collins, Colvin, Dawkins, Johnson Abstain: Neville 8D - ORDINANCE NO. 4375 (SECOND READING) AMEND BUSINESS LICENSE/TAXES 5.02 TO INCLUDE GARBAGE UTILITIES, #AB92-101 Public comment - none. #0025 M/S/C/U(Waibel/Colvin) to pass Ordinance #4375, on second reading, imposing a business and occupation tax on the business of solid waste collection and amending Bremerton Municipal Code Chapter 5.02. TAPE #1017 City Council Reg. Mtg. Minutes April 22, 1992 Page 39 of 39 With no further business meeting adjourned at 10:49 p.m. KATHLEEN L. McC~ity Clerk LtRT~, ~ Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault