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HomeMy WebLinkAbout04/10/91TAPE #910 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES APR 2 4 #0048 #0067 APRIL 10 1991 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 101991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation by Councilman A1 Colvin. CONSENT AGENDA A. Minutes Of Meeting - March 20, 1991, #AB91-087 M/S/C/U(Waibel/Dawkins) presented. to approve Consent Agenda as CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. M/S/C/U(Colvin/Overson) on April 10, 1991, the Council does approve for payment those vouchers included and further described as follows: 127453, 127455, 127475 through 127627 in the total amount of $228,437.02 and Regular Payroll for the period ending March 31, 1991, in the total amount of $398,848.63. COUNCIL MEMBER REPORTS Mr. Overson stated he was glad to see the progress being made on Park Avenue with the demolition and removal of the old In and Out restaurant building. Mr. Estes expressed concern that the community had become decisive over the Roosevelt Field issue and hoped it would not be a long lasting condition. He was not pleased with the display of signs on Fourth Street following the Council meeting of April 3, and felt it just added to the hard feelings that were already out there and hoped they would be removed by the end of the week. He noted if this issue came TAPE #910 City Council Reg. Mtg. Minutes April 10, 1991 Page 2 of 31 back to Council, due to a court action, he hoped it would end with a vote of the people. There needs to be unity in the City. Instead of people being Council bashers, he encouraged them to put their name on the line and sign up for one of the Council positions that would be coming up on then General election. Mr. Colvin stated he felt there was nothing wrong with people having differences of opinion on issues, which was different than what he viewed in the Soviet Union when he visited there. He had the opportunity to be a platform guest at the Billy Graham crusade and found this experience to one of his most memorable. He provided Reverend Graham and some of his staff with City of Bremerton #1 pins. Mr. Colvin invited one of Mr. Graham's crusade promoters to speak to the Council on a special project planned for Kitsap County. On the Roosevelt Field issue, he hoped the differences would be put "behind US". Mr. Dawkins reported in two weeks (April 20, 1991), "Christmas In April" would be happening in Bremerton. A special program has been developed by the Department Of Community Development, coordinating a work force made up several different trades, carpenters, plumbers, painters, etc., who would be making repairs to four homes of low income residents. He emphasized this was a people caring about people project. Mrs. Hotton stated she had been keeping track of legislation as it goes through Olympia and one in particular, HB1462, regulation of dangerous and potentially dangerous dogs. The intent of this bill would be to take control for Animal Control Ordinances out of the hands of the local municipalities and given over to State authorities. There are several cities who had gone to banning certain breeds of dogs and Bremerton implemented a Dangerous Dog Ordinance. If this legislation is passed, it would then be a mandate from the State as to how Animal Control Ordinances would be written to address. The local community would not be given the latitude to outlaw a certain breed of dog. If the State took that control, then she felt they should be required to come in with the State Militia and take on Animal Control in the various jurisdictions. She supported keeping control such as this within the local jurisdictions. If the public did not support such legislation, she encouraged them to contact their legislator and let them know their feelings. PUBLIC RECOGNITION Mayor Mentor reported on a very professional show held April 6, held at the Bremerton High School Performing Arts Center, TAPE #910 City Council Reg. Mtg. Minutes April 10, 1991 Page 3 of 31 followed by a social gathering of attendees at the Amy Bernette building downtown. He noted it was great having 100-150 people downtown late on a Saturday evening. He announced it was anticipated the Turner Joy would be moved to its new moorage on Friday, April 12. He attended the Bataan Park ceremony on April 6. Mayor Mentor read into the record a letter received from the Philippine Consulate, apologizing for not making the meeting on time to receive the Proclamation read on April 3. He thanked the Mayor and City Council for proclaiming April 6, 1991, as American Former Prisoner Of War Recognition of Bataan Days, and noted the historical significance of that period of time to America and the Philippines. Mayor Mentor read a Proclamation recognizing the dedication of telecommunicators throughout the nation and proclaimed the Week of April 14-20, 1991, as NATIONAL TELECOMMUNICATORS WEEK. Brenda Hostetter, Director at CenCom accepted the proclamation. Mayor Mentor read a Proclamation announcingApril 22 will mark the 21st anniversary of Earth Day; and the commencement of the eighth annual state-wide clean up, recycling and beautification event. Mayor Mentor proclaimed April 13-21 as SPRINGRALLY '91 WEEK. Mayor Mentor outlined this years clean up schedule, which did differ from past years. He outlined when and where citizens could drop off yard waste and large discarded items. Dennis Gray, 1302 Lincoln Ave., representing Bremerton Eagles, announced a fund raising event for the Bremerton Knights Marching Band's trip to Washington, D.C. On April 14, 1991, the Bremerton Eagles will host a Sunday Brunch, 11:00 AM to 2:00 PM, followed by special entertainment provided by the Knights Jazz Band. The cost of the tickets for this event is $5.00 donation. And, he suggested that some time in the near future the City of Bremerton make a special Proclamation honoring the Bremerton Knights On Parade. Cecil McConne11, 2345 Almira Drive, spoke in reference to Roosevelt Field and gave his impression of the City Council's decision the previous week on the trading of Roosevelt Field. He did not support Council action on this issue and felt there were many environmental questions still to be answered. Andy ParV~a , 2211 Hayward Avenue, stated he had a number of things to clear up with this Council. To Mr. Horning and the rest of the Council, he emphatically stated that he had never threatened physical harmto any one in any way and hoped that TAPE #910 City Council Reg. Mtg. Minutes April 10, 1991 Page 4 of 31 nothing he said or did in the past reflected such an intent. Also, he assured the Council that just because he happened to be included in a picture recently printed in The Sun showing the signs protesting Council action on the Roosevelt Field issue did not mean that he was responsible for any of the signs or displays. He just happened to be at that particular spot when the news photographer took the picture. He questioned the intent of Councilman Johnson's "no" vote on the Roosevelt Field issue? He expressed his opinion that citizens feel it is useless to give input to the Council. He informed the Council that he had personal knowledge of the proposed land trade before it was made public and he had tried to obtain some answers from his Council representative and Mayor but was not successful. Had some of those questions been answered to him and the public, he felt there may have been a different response. Don Larson, 135 Rainier Avenue, Chairman of the Dyes/Sinclair Inlets Clean Up Citizens Advisory Committee, reminded everyone of the activities planned for April 20, 10:00 AM, on the Bremerton waterfront. Michele Knauss, 139 Olympic Avenue, stated her unhappiness with the City Council for their action the previous week relating to Roosevelt Field. She emphasized the fact that she believed the Council was not listening to what the citizens of Bremerton wanted and made decisions that were not in the best interest of the citizens. And, because of their actions, she no longer had a trust in their decisions. Darrel L. McDorman, Bremerton, again raised the issue of parking problems in the Fir/Magnuson area and the fact that the City had not done anything to help ease those problems. President Horton requested Deputy Clerk Johnson to contact Police Chief Del McNeal on this issue. Roy McInnis, 2711 Maple Street, expressed concern over the Roosevelt Field issue and felt the loud "no" vote given by the public through a ballot measure plus the testimony given during Council meetings was of no value to the Council when they made their decision to trade Roosevelt Field. He supported Mr. McDorman's concerns over parking problems in the Fir/Magnuson/Maple Street areas. He was concerned that someone would be hurt unless something was done to make it more safe for pedestrian and vehicle traffic in that area. Morgan 8teth, 3291 Wright Avenue, expressed concern with governments from City all the way up to the White House. He did not feel that the City Council was providing good TAPE #910 City Council Reg. Mtg. Minutes April 10, 1991 Page 5 of 31 leadership. He made the following suggestions to conserve water and help keep utility costs down for the resident: (1) allow and encourage people to put in a septic tank that would collect run off water and store it during the fall/winter months, and then use it for lawn watering during the summer months; (2) bring together a group of people who could discuss problems affecting the citizens and have that group come up with recommendations for solution of those problems for Council consideration. E. L. Sturdivant, Bremerton resident, spoke on the Roosevelt Field issue and pointed out there was a difference in negotiating on a level field than negotiation on demand. When the Council was threatened in negotiations that's negotiations on demand. He noted the buzz word "visionary" had been bantered around even when he served on the City Council and a number of issues had come up that eventually got voted down that were termed "visionary opportunities". He commended Councilman A1 Colvin for standing up for what he believed in his decision on Roosevelt Field. He admonished the Council for not even knowing what their vote meant when they voted to trade Roosevelt Field to Olympic College. He stated he believed that the City Attorney should be fired. he noted that he was aware that the City Attorney had input in drafting the Parks Protection Ordinance. Mr. Sturdivant did not believe he did a very good job in helping draft that Ordinance and he also believed that the loophole was not there. Lorraine Inabbinette, Project Family, stated Project Family was dedicated to the prevention of child abuse and neglect. She gave out national and local statistics relating to the numbers of child abuse cases and the fact that they are increasing daily.. This group will hold their Annual fund raising Radio-thon on KITZ on April 11 and 12. She encouraged everyone to listen and to participate for this worthwhile cause. Don Mansford, 182 J Russell Rd., questioned what the money source was to fund construction of the Public Works complex? On the issue of Roosevelt Field, he suggested the City condemn Olympic College and provide parking for the Shipyard. President Horton requested Mr. Johnson, Deputy City Clerk, to contact the City Treasurer and have him respond to Mr. Mansford's concerns. 6A - PROFESSIONAL SERVICES AGREEMENT, #AB91-088 The extension to the contract with Diamond Parking expired on 3/31/91. Diamond Parking operates the City Parking Garage and lots at 300/301 Park Avenue. An extension of the contract TAPE #910 City Council Reg. Mtg. Minutes April 10, 1991 Page 6 of 31 under the same terms is recommended. Diamond Parking works cooperatively with the City, they are experts in the field of parking and are able to provide service at less cost than City operation due to the number of lots they manage. At the May study session, Council will receive recommendations regarding security measures at the parking garage. Diamond Parking has worked closely with the City developing alternatives. The contract contains a 90 day termination clause. Gil Johnson, Deputy City Clerk, noted Council had received correspondence from Diamond Parking outlining their goals and objectives for the extension period. Public comment - none. Mr. Colvin questioned the differences between the proposed contract and the previous contract? Mr. Sievers, City Attorney, stated it incorporates all the other terms of the previous contract and extends the term for an additional year. #2748 M/S/C/U(Colvin/Dawkins) to approve one year extension to contract with Diamond Parking to 3/31/92. 6B - INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN CITY OF BREMERTON AND WHATCOM COUNTY, #AB91-089 The approved Utility Budget for 1991 provided for the purchase of a wheel loader for the handling of wastewater solids at the Utility's wastewater solids handling facility. Attached for City Council consideration is an Intergovernmental Agreement between Whatcom County and the City of Bremerton for the purchase of a wheel loader utilizing Whatcom County's purchasing contract. Bill McKinney, Utilities Forester, stated he would be available for any questions Council.may have. Mr. Overson stated funding for this equipment was budgeted in the 1991 budget and he supported approving the proposal. Mr. Estesquestioned if this piece of equipment was similar to a Michigan loader? Mr. McKinney explained it was a caterpillar with a front end loader, with rubber tires. #2857 M/S/C/U(Overson/Horning) to approve the Interlocal Cooperative Agreement between Whatcom County and the City of Bremerton for the purchase of a wheel loader for handling of wastewater solids and authorize the Mayor to execute said agreement subject to City Administrative Polices and Procedures. TAPE #910 City Council Reg. Mtg. Minutes April 10, 1991 Page 7 of 3I 6C- LID PETITION - LAKEHURST DRIVE, #AB91-090 The attached LID Petition was received from Lakehurst Drive residents on 3/29/91. The preparation of a preliminary assessment role requires a significant amount of engineering work. It is City policy to determine Council interest in the LID prior to directing Engineering Department to expend time on preliminary assessment. If Council chooses to proceed, a hearing will be set by resolution at a later date, notice will be sent to all affected properly owners and the hearing will commence on the preliminary assessment role at that time. Public comment - none. Mr. Overson noted the following comment had been made under Item #6 of the Agenda Bill: "to be discussed at the time of the hearing", relating to staffing and budget impacts. He questioned if now was the time to address that comment? Jan Stemskoski, Assistant City Engineer, stated they were staffed well enough to undertake this job. Mr. Johnson stated he was proud of these folks for stepping forward and doing the LID. He noted it was an extremely nice neighborhood with the misfortune of being on the last rabble street in the City of Bremerton. He was not all that pleased that getting the street fixed be totally up to the residents, considering the fact that the City went to the expense of putting up useless stop lights and using Street money in other ways when in fact this street could have been improved. He hoped that other residents will step forward through the LID process for making major improvements to their neighborhood. He noted this area was #53 on the Street priority list. Mr. Colvin requested an explanation of what an "LID" meant? Ian Sievers, City Attorney, explained an LID was a means of financing public improvement by the property owners who benefit from that improvement. The residents pay for the cost of the improvement, including attorney's fees, engineering costs and a small amount of money set aside in a contingency fund. Usually the improvements are of a localized nature and the City as a whole would not benefit greatly. Mr. Colvin questioned what kind of improvements would that include? Mr. Sievers stated it could pertain to sidewalks, curbs and gutters, streets and any local improvement. There are also Utility Local Improvement Districts for utility improvements. Mr. Oversonquestioned theactual location of the proposed LID as it relates to the map included in the Council Agenda packet? Mr. Stemkoski explained that County Road 205 was Lakehurst Drive and it ends up against the new Dockside plat. TAPE #910 City Council Reg. Mtg. Minutes April 10, 1991 Page 8 of 31 #2993 M/S/C/U(Waibel/Johnson) to direct the City Engineer to prepare Preliminary Assessment Role for Lakehurst Drive LID. TAPE #911 6D - PROFESSIONAL SERVICES AGREEMENT SOLID WASTE CONTRACT NEGOTIATIONS - MATRIX MANAGEMENT, #AB91-091 Attached is a Professional Services Agreement with Matrix Management for development and negotiation of a new solid waste hauling and recycling contract with Brem-Air Disposal, Inc. Matrix will work with the City's negotiations team developing standards and policies for each service to be provided by Brem-Air; evaluate and select a rate structure and billing system; and assist the City in negotiations. Public comment - none. Mr. Johnson pointed out Matrix Management are not the negotiators for the contract, they are in fact advisors to professional City staff who are actually conducting those negotiations. Their services would fill a void of expertise that the City cannot afford to have on board as full time staff right now to put together state-of-the-art full service garbage and solid waste management, including composting, options, recycling, drop-off stations, etc. Mr. Overson noted this City stands at a wonderful position to take advantage of this kind of effort with all the new environmental protection things coming out, the experience of other cities and their implementing their environmental recycling, etc. However, a large part of that would be the actual contract and he was concern that the proposal did not relate to that contact. ell Johnson, Deputy City Clerk, stated the proposal was the contract for Matrix Management consultant services and the contract with Brem-Air would be pieced together, component wise, and would not be available for public review until late May or early June. President Hotton questioned if Matrix had agreed to the amendment of the amount against professional liability for errors and omissions? Mr. ell Johnson stated yes, and it was accepted by the City's Risk Manager as well. Mr. Colvinquestioned if there was a beginning and termination time of the agreement? Mr. Gil Johnson stated the services cost $20,000 and the project is broken down into several tasks and sub-tasks. Task i would be to develop performance standards for services, costing $10,000; Task 2 would be to develop a rate structure, costing $5,000; Task 3 - the ultimate contract negotiations, where they will provide TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 9 of 31 #0058 technical expertise will cost an additional $5,000. As each of the tasks are completed they will be paid incremental. Mr. Walbel pointed out that Task #3 would be billed on an hourly basis and the actual costs incurred may not amount to the full $5,000. Mr. G. Johnson explained implementation of the tasks would begin as soon as the agreement was approved by Council and the ending should come sufficiently earlier that the September 1, 1991, current contract expiration date. M/S/C/(Johnson/Collins) to approve contract with Matrix Management for Solid Waste contract development and negotiations. 6E - APPROVAL OF THE PUGET SOUND REGIONAL COUNCIL INTERLOCAL AGREEMENT, #AB91-092 The Agreement if approved by 60% of all units of general governments representing 75% of the population in Kitsap County, Pierce and Snohomish Counties would establish the Puget Sound Regional Council. There is a question on if this threshhold for approval is on a County basis or region basis. This would replace the Council of Governments presently existing. The Regional Council would adopt goals, policies and standards for regional transportation and regional growth management in the central puget sound area based on local comprehensive plans of jurisdictions in the region. Don Pratt, Director Of Community Development, stated the Growth Management Act of 1990 requires that all State transportation expenditures must be in conformance with a regionally adopted Transportation Plan. Kitsap County happens to belong to two Regional Transportation Planning Organizations (RPTO) agencies, one is the Peninsula Regional Transportation Planning Organization made up of Clallam, Mason, Jefferson and Kitsap Counties. The second is the one being voted on at this time - Puget Sound Regional Council and it includes King, Pierce, Snohomish and Kitsap Counties. No State expenditures can be spent in any of these areas unless it conforms with the plan adopted by the board of either one of these RTPO's. It will take 60% of the local government representing 75% of population present from each region to approve it. In other words, you could vote no and still be included. This is the so called "son of COG", succeeding agency for the Puget Sound Council Of Governments (PSCOG) and the vote structure for this organization is proportional. Public comment - none. Mr. Overson stated his biggest concern with the proposal is TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 10 of 31 that Bremerton will not have a "large City" vote on this organization but may be charged "large City" fees. He questioned if that was still under discussion or had it been resolved? Mr. Pratt stated it was his understanding that a budget had not been proposed for the new organization, but there was an old budget from the PSCOG on a staff and technical level that was rejected to a certain extent and the budget for the new organization and fees have not yet been established. Mr. Overson noted then Council really did not know what they were passing. Mr. Pratt stated that was true, however, if Bremerton does not approve the proposal it may weaken the City's role at the table determining that. He reminded Council that Bremerton could become a member even with a negative vote if 60% of the other local governments approve it. Mr. Hornin~ referred to a letter from the Regional Organizing Committee, dated April 2,... on Page 2, it says that representation as well as membership dues would be a direct result of population percentages. Under the original COG format, Bremerton was considered a "Central City", now they use the term "Metropolitan Center". By being a population center, we do get certain benefits and certain responsibilities, but they are not necessarily driven by dollars. The City would not be charged as we are under the "Central City" formula. Mr. Pratt stated that was also his interpretation, but he would really like to say that the letter was an expectation of what would come. What this does is to establish a decision making body to implement that letter and those expectations. Mr. Waibel questioned if we get a bill based on a funding formula that the City does not agree with, but in fact requires Bremerton to pay a lot more and the City refuses to pay that bill, what happens to the City's membership? Mr. Pratt stated he believed there was a withdrawal mechanism in the Interlocal Agreement and he could not definitely say what "withdrawal" meant but it had implications to funding. Mr. Homing stated there is a six month withdrawal, however, he reminded everyone that Bremerton had been a receiver City and receiver County from FAUS funds. He did not see the City being "at risk" on this proposal. Mr. Johnson noted he had never been a big fan on this and the City receives approximately $100,000 per year through this process. He felt that much money could be obtained from other sources. Clearly, this new organization was being structured to do nothing more than to improve the I-5 corridor. The new TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 11 of 31 voting structure lists 21 members, 19 votes with Kitsap County getting one vote (1/2 County and 1/2 combination of all other cities in the County), and Kitsap was the only County where the largest City does not get their own vote. On the funding issue, he did not find it clear at all, but the Interlocal Agreement states the bill would not only be determined on population but on the size of the City budget as well. He did not find any kind of formula within the document that spells it out and only allows a readjustment every three years. What the City is giving up is not only the vote previously held under the old COG, but the City also had a guaranteed seat on the Executive Board. He felt it would be more of an advantage if Bremerton worked with the governmental entities on the Peninsula organization. He questioned if the City could receive $100,000 from the Peninsula group as easy? Mr. Pratt stated almost as much - the Puget Sound region will receive more funding because of the size and the population base than the Jefferson/Clallam/Mason County group will. The question is what would be the City's share be if the bigger pie verses our share as the biggest eater at the smaller pie? This is getting into a policy area and he preferred deferring to Council and their desire. Mr. Johnson questioned if the City had received any funds from the Jefferson/Clallam/Mason County group? Mr. Pratt stated yes, even without Bremerton contributing any allocations this spring in their budget of funds, which came only to three Counties, they distributed between four Counties, and the governmental bodies in Kitsap County received $6,000 for training to be spent before June 30. The Peninsula RPTO has not yet established a fee structure, but would be in the near future. Mr. Dawklns noted the agreement states the agencies shall make Vision 2020 as the adopted regional growth management strategy and questioned if the City was in favor of that? Mr. Pratt stated yes, this Council adopted Vision 2020. Mr. Dawkins questioned if the City could belong to both groups? Mr. Pratt stated yes, by a special exception that was made by the Department Of Transportation at the request of Representative Schmitt, Kitsap County could be a member of two Regional Transportation Planning Organizations, but funds, on your behalf, would be in the amount as if you only belonged to one. The City would receive a certain amount of money for being part of a RTPO and would not get double that amount because of the two memberships. Mr. Dawkinsquestioned what was the cost of joining the Peninsula group? Mr. Pratt stated the dues have not been made up, the Peninsula Transportation Planning organization assumes that they will have a budget limited only to the State funds that you all received so they are not TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 12 of 31 planning assessing a fee above what the State allocates on your behalf. That has not been the case in the PSCOG and he did not expect it to be the case in the Puget Sound Regional Council. Mr. Dawkins questioned if there was an advantage going with both over one? Mr. Homing stated yes, you keep your options open. He felt strongly that Bremerton remain a part of the Puget Sound Regional Council because if this area expects to participate with Seattle through the ferries and have a voice this is were it will be. Kitsap County may have a very common relationship with the Peninsula group, and he foresees this County sitting as a courtesy on their Council and be a money player with the Seattle group. Ferries are vital to Bremerton. Mr. Johnson questioned for clarification how the funding allocation was determined? Mr. Pratt stated there are two pies: one pie to do planning through RTPO's and one pie to fund projects. When the Regional Transportation Planning organization legislation was adopted it came with State funding to help it get going and keep going. The Peninsula RTPO had decided that was all the money they would use and the local governments would not be asked to raise funding above the State allocation. He ws not sure that would be the same policy with the Puget Sound Regional Council. He expects them to ask for fees over and above money granted by the State. Money to do projects will only be issued through one Regional Planning Organization and at some point Bremerton will have to decide which one takes the City's Six Year Plan into their overall plan and the one through which all applications will be processed. Mr. Johnson questioned even if it was a joint effort with one of the Peninsula counties, such as improvement to the road to Belfair? Mr. Pratt stated there is mechanism for regions to talk to each other. The money that would be brought to a joint project would have to come through the Puget Sound regional and then joined up with the Peninsula region. Mr. Johnson suggested that Mr. Horning address this at the Puget Sound Regional Council and questioned how could something like this be put on the floor for discussion? Mr. Pratt stated the way that was happening was that each County received an allocation of FAUSS funds and the County distributes those funds within that County. There are a few large projects that you can compete on a region wide basis. President Hotton stated assuming Bremerton was in only one, such as the Puget Sound RPTO, would the City get more money than if we were in the Peninsula RPTO or would we get the same amount of money? Mr. Pratt stated the amount of money Bremerton would receive is dependent on what the decision making body for that region decided is Bremerton's share. If TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 13 of 31 membership is in the Puget Sound Regional Council they have an immense pie and we are only one small player. But, that pie is significantly greater than the pie in the Peninsula region. At the Peninsula region, Kitsap County governments would be the biggest player. He did not know what would be the ultimate outcome from those memberships. Mr. Waibel reminded everyone that there were two sources of funds, State funds, and those are fixed, and Federal funds generated through the functions of the RTPO's. Mr. Pratt noted planning funds were a fixed amount, but project funds from the State were not necessarily fixed. President Horton stated a memo had been received from Bill Mahan that stipulates the executive board has 67 cities and towns from the four Counties represented on the executive board through an appointment process; those cities and towns select five members to represent them; representation as well as membership dues is a direct result of population percentage. In the proposed Interlocal Agreement it talks about the voting structure and she questioned at what point did the executive board jibe with the one outlined in Mr. Mahan's letter and what do they do? Mr. Pratt stated he believed Mr. Mahan was quoting from a draft of the By-Laws that are proposed and fairly strongly supported by most members. What Council was acting on at this time is the Interlocal Agreement. The By-laws cannot be adopted until the Interlocal Agreements are in place and there is actually a body to adopt the By-laws. President Hortonquestioned how do these five fit in with this Interlocal Agreement executive board? She questioned if there would be two bodies from Kitsap County on the executive board? Mr. Pratt stated he did not have that document and could not respond to that question at this time. President Hotton questioned if Council should ignore Mr. Mahan's memo? Mr. Waibel stated the five do not refer to just Kitsap County, but to all of the cities in the Puget Sound. Mr. Pratt stated it was his understanding the five seats would represent the cities' interest on that board. Mr. Waibel stated Kitsap County may not have any representatives on that board. Mr. Collins directed Council's attention to page 8 of the Interlocal Agreement, Item A under Section VI. Mr. Johnson emphasized "General Assembly" is every elected official. Mr. Pratt stated there were six seats for other cities on the executive board but they share only five votes, because Kitsap County gets 1/2 vote and Pierce County/other cities and towns gets 1/2 vote. Mr. Waibel stated under Section XII Withdrawals; Dissolution states: "member counties and major cities are parties to this Interlocal Agreement agree that withdrawal will not absolve them of responsibility for meeting financial obligations of TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 14 of 3t #1007 annual contracts or agreements which exist between the State of Washington or the federal government and the Regional Planning Agency at the time of withdrawal". He outlined in a hypothetically situation - if the City agreed to be a part of this agency and at the first meeting they decide to commit the agency to 6 billion dollars worth of light rail funds, then Kitsap County's population has to contribute to the buy back of those funds. And, if Kitsap County then decides to withdraw from that organization they would still be obligated for a share of those funds. He questioned if it would be possible to obtain a "conditional" agreement at this time to enter into the agreement based on the City wants to know what the structure will be, what the By-Laws will be, funding mechanisms and how much indebtedness the cities/counties would be obligated for? Ian Sievers, City Attorney, stated he had not reviewed the proposed By-laws. Some of the other issues are matters that will be addressed and voted upon once the organization was implemented. He agreed with Mr. Waibel's understanding of the termination clause, the City could exempt the annual assessment for dues if notice was given six months ahead of withdrawal. But, long term obligations that are made with the City/Kitsap County as members would be binding. M/S/C(Horning/Dawkins) to continue this item for two weeks. Vote: In Favor: Abstain: Overson, Estes, Horning, Waibel, Horton, Collins, Dawkins, Johnson Colvin Mr. Johnson urged the Council to set up a Study Session with at least two lead persons in charge of getting this organized. Mr. Homing suggested that Mr. Mahan and the representative who helped frame this agreement join the Council for a Study Session. Mr. Johnson stated he would like to hear from the east side of the Sound. Mr. Colvin stated he abstained on the vote because the "question" had been called too quickly. He expressed his concern that not enough was known of the financial impact this would have on the City. 8A - PUBLIC HEARING - TO CONSIDER A PROPOSAL TO AMEND THE ZONING ORDINANCES TO ADD A NEW "ZONING ORDINANCE EXCEPTIONS PROCB8S", #AB91-095 At its regular meeting on February 19, 1991, the Bremerton Planning Commission conducted a public hearing to consider a proposal to amend the Bremerton Zoning Ordinance to add a new TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 15 of 31 "ZONING ORDINANCE EXCEPTIONS" process to Chapter Commission voted unanimously to recommend City approval of this amendment. X. The Council If approved by the City Council, an adopting ordinance will be prepared for final approval of this amendment. Mr. Johnson questioned if his staying seated on this issue would be considered a conflict of interest? Ian Sievers, City Attorney, stated no, this is a Zoning text revision and had nothing to do with a specific proposal or individual parties and was applied City-wide. It is simply a Legislative action. Ron Hough, Planning Manger, stated the City's Zoning ordinance contains approximately 100 pages of fairly detailed regulations for land use and development. These are hard regulations in most cases and in come cases there is relief built into the Zoning Ordinance, such as the Planned Unit Development, which allows some flexibility in design, or through a Special Use Permit or some other procedures. There is also a group of development types that often come to Planning staff as minor or unusual situations with property lines or development on a small piece of property, that are caught in the cracks and don't have an option and because of that they have to be denied even though they may be good ideas and do not have any adverse impacts on the neighbors, etc. Also, in a lot of cases a variance is justified but a variance requires a hardship dealing with the property, such as a cliff or rock outcropping, stream through it or shoreline that prevents development. In these situations, there may not be a hardship involved but basically is a good idea. When the third set of amendments to the Zoning Ordinance was brought to Council a few months ago, they were asked to look at a way to provide some relief for through lots, lots that have a frontage on two streets. They did that and in the process they also prepared Zoning Ordinance Exceptions Process to allow for other types of situations as well. The City Council did adopt an Exceptions process for through lots, allowing through lots in certain situations with specific criteria related to those. The next step was to outline an exceptions process that could be added to Chapter 10 of the Zoning Ordinance, and which would be similar to variances and Special Use Permits. They can be processed administratively in some cases, but if they are more complicated or there is opposition then they would go to the Planning Commission for a public hearing and could be appealed to the City Council. The process is fairly simple and the criteria simple. There TAPE #911 City Council Reg. Mtg. Minutes. April 10, 1991 Page 16 of ~ are four criteria: (1) the proposal must be consistent with the Comprehensive Plan; (2) must be a clear relationship to the public interest and well being to the neighborhood or community; (3) the exception will not result in a hazard to health or public safety; (4) it is not a hardship type of situation that should be processed through a variance. If they meet these criteria they would be eligible to have their Zoning Ordinance Exception processed, administratively. He noted it was difficult to anticipate what might come along and these are unforeseen situations in most cases. Some areas that Mr. Hough thought might qualify were situations in the City where a property may be adjacent to a public right- of-way, such as an arterial street being 10-20 feet higher than the property, but because the property fronts on public right-of-way, it is required to have a 20 ft. setback. In those cases there are no sight distance problems, no adjacent development and no reason to have that 20-ft. setback requirement, which was intended for other reasons to protect the neighborhood.. That might be a case for an exception to the rule. Other cases are in areas that have been developed for specific types of uses with certain characteristics of the neighborhood. He used the example of a duplex neighborhood which may be zoned for duplex but there is a minimum lot size required for a duplex of 9,600 sq. ft. A duplex neighborhood may have a vacant lot, totally surrounded by other duplex with lots being only 8,900 sq. ft., and therefore could only accommodate a single family house. That might justify an exception to the minimum lot size for a duplex. The Planning Commission conducted a public hearing on this proposal on February 19, 1991, passing it unanimously and recommended approval to the City Council. He noted the intent with the proposal is to make the Zoning Ordinance a little more user friendly and address situations that fall through the cracks. Mike Leedy, Illahee Road NE, and owner of a lot in the Sheridan Park Addition, stated he probably would not have heard about this ordinance if he hadn't run into a problem with the lot they own in Sheridan Park Addition. His first thought was that he was conservative and questioned why did the City have to get looser on regulations. He emphasized he was very happy with the way the Planning Department was working with them on their problem. However, he felt there may be some confusion as to what Zoning was all about. One example cited by Mr. Hough was duplex lot sizes and there are people in the community right now who are buying lots that TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 17 of ~ they know full well are less than 9,600 sq. ft. They have considerable assurance, in their own minds, that they will get a variance. There is a lot adjacent to his small lot that was twice the size of a minimum lot size, also zoned for a duplex. And, he believes they plan to build a duplex on it. Whether or not they move a building onto it and whether or not they punch a hole through the wall and now call it a single dwelling until they get their variance is one thing, but other individuals start to bulldoze the land, move more soil than they should, and put forms for foundations. It takes someone going to City Planning complaining and sign a complaint to get a stoppage of illegal activity. He believes that a 9,600 sq. ft. lot minimum was fine and should be left that way. He did not think there was a starvation of duplex lots. He felt these people could apply several lots or reshape a lot to meeting the minimum lot size. There are ways to do it totally within the rules that are currently in place. He was concerned that it was too easy for people to come up to neighbors in a nice, friendly manner, requesting that they sign off on some issue that would grant then a variance to do something on their property that was not within the Zoning Ordinance. He noted he had received a letter stating that the houses moved out of Bremerton Gardens were seven years old. From his experience of living on Wheaton Way for fifteen years, he finds that hard to believe. He wished for the establishment of good zoning sizes that they, as a property owner, could count on. Mr. Leedy provided Council with several pictures showing the soil preparation/foundation laying on the lot he described above. Roy McInnis, 2711 Maple Street, felt the proposal did allow a smoother operation of zoning needs rather than having to bring smaller issues, such as those included in the proposal, to a public hearing process before the Planning Commission and City Council. Cecil McConnell, 3245 Almira Drive, stated he was somewhat confused, particularly Item #4 under the Criteria. He questioned if this was not a rezone function but would take care of a situation where a property owner was caught with a lot that was smaller than required under the new Zoning Ordinance? Mr. Hough stated it was not intended to give a rezone and it was not intended to allow uses that aren't allowed in the zone in the first place. The "DR" zone allows single family homes and duplexes, the only issue is how big the lot is. In this case there might be an exception justified in an area that was totally duplexes for a lot in that area that was smaller than 9,600 feet to maintain the TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 18 of ~ character of that neighborhood. In other cases, if someone wants to put in a duplex in another duplex zone in the City that wasn't of that character, that would not be allowed. Mr. Colvin questioned if Mr. Leedy was correct in his statement that a foundation had been installed at the site he described? Mr. Leedy stated it was his understanding that the forms had been installed, without the benefit of a Building Permit. Don Pratt, Director Of Community Development, stated that was correct, Mr. Leedy made a complaint and he immediately issued a stop work order not only for the foundations but for the grading work that took place. Under the City's UniformBuilding Code, if they want to restart that work they will have to obtain a Building Permit and pay double fees. Mr. Colvin questioned if this ordinance was approved, could those people go ahead with their work? Mr. Pratt stated it would have no bearing whatsoever on the Building Permit that would be issued. The only bearing it would have is whether the structures they put there would be considered as a exception to permit them to be duplexes for single family dwelling units. Mr. Leedv stated he was trying to convey that there are people in the community who have considerable amount of assurance, in their own minds, that they can get variances, not exceptions. As the ordinance now states the people who border must sign off on their agreement that a variance would not have an adverse affect on them. A person who has a corner lot may not necessarily be included under that requirement. And, that was the case of the first problem area he identified. Due to their not having a border on that corner lot, then they had no right to complain. President Horton requested Mr. Hough to address Mr. Leedy's concern, is it valid as it pertains to this discussion and if it is how do we take steps to correct it? Mr. Hough stated in relation to the situation Mr. Leedy referenced, he was not sure if there would be an application for a variance, but generally if there is a financial hardship a variance would not be approved. If there was a hardship involved in the property, i.e., location of the building on the property, that might be approved. If, in this case a variance could not be approved then there would not be any other alternative but to put a single family house on the property or not develop it at all. The proposed process would give an additional alternative. In reference to Mr. Leedy's comments regarding "neighbors signing", that was only for having a process administratively approved. He noted any administrative decision can be appealed. TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 19 of 31 Mr. Dawkins questioned if all the neighbors agreed then someone could put up a duplex? Mr. Hough stated no, if all the neighbors agree it could be processed administratively. If they didn't agree then the request would have to go through the Planning Commission. Mr. Dawkins questioned if the area being discussed by Mr. Leedy was a duplex area? Mr. Hough stated yes. The City has a lot of old lots in the CBR zone that are 30 ft. wide and 100 ft. deep, and a minimum lot size in the CBR zone is 3,000. However, if one had a corner lot in the CBR zone with 20 foot setback taking 2/3rd. of that property, that would leave about a 10 ft. wide strip of land to develop. If there was an old house on that property and it was desired to remodel it, there would not be any room to do that type of renovation. That might be a case for a Zoning Ordinance Exception. Mr. Homing stated for clarification that even if the proposed ordinance was passed and a person applied for an exception, unless it passes the four criteria it would not be granted. Mr. Houqh stated that was correct. Mr. Homing urged Council not to get sidetracked on one issue because there are a lot of other exceptions and situations that need to be addressed. He supported not taking away right to due process. Mr. Johnson related he believed he had a part in planting a seed to address some of these unusual situations from his experience of having to deal with a through lot situation. The new Zoning Ordinance took away the back yards of houses that are fronts and backs between two streets. This created a number of problems for people if they wanted to make any improvements on their property, such as putting a garage or carport up. He noted there are hundreds of through lots throughout the City, particularly along the water. In affect, what the Council did without telling anyone was to down zone hundreds of pieces of property and took away property value and rights. It was his intention to fix it so that those rights were restored. Now, the proposal as it is being presented has taken a weird form. Under this proposal, if he wanted to get his back yard back, administratively, he has to get all adjoining property to agree to what he proposes. He questioned what did "all adjoining property" mean, i.e, people on both sides, across the street, etc.? Mr. Houqh stated adjoining property meant those properties adjoining the lot on each side and back and directly across the street. Mr. Johnson stated he had a problem with that as the lot directly across the street from him home did not line up with his properly. Mr. Hough stated then it may require more than one. Mr. Waibel stated the City would be a party to everyone of TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 20 of ~ these through lots because we are the adjoining property owner for a lot of the lots. Mr. Hough pointed out the part referencing through lots had already been approved by Council and would be coming back to Council in the form of an ordinance. He explained the criteria for through lots was different than the criteria for "exceptions". Mr. Johnson expressed concern that the proposed document did address through lots as it is referenced throughout the proposal. Mr. Waibel stated this proposal does not address through lots because there is another section of the Ordinance that does address them. There might be some exceptional cases desiring to be an exception to the row of houses by having a front yard when everyone else has a back yard. We are not taking away anyone's rights by not passing this tonight. Right now they do not have the right for the exception of any type, they have the right to rezone and to request a variance. This proposal would be adding rights. He noted this proposal would add a Planning Commission process to the Zoning Ordinance. Mr. Johnson stated he was not comfortable with the proposal as presented. Mr. Waibel noted Mr. Hough indicated the proposal was not intended to make exception to uses, but it certainly does not say that. He could come in and say he had a better use and more in tune with that particular lot than what it is currently zoned for, not a hardship but it would be nice to be able to do it. If it is intended to make these exceptions limited and it was intended to limit it to not include uses that should be part of the ordinance. He felt the proposed document was too loose. Mr. Hough referred to the Variance Section of the Zoning Ordinance: "A variance may be granted to any provision of the ordinance except to any provision establishing the uses permitted in the zone...". Mr. Waibel pointed out this was an exception not a variance. Mr. Overson stated he did not understand why Mr. Waibel stated the Planning Commission would have trouble dealing with the criteria...they'll never see them. A Zoning Ordinance exception will be approved administratively by the Director. Mr. Waibel pointed out if in fact everyone agreed that a proposal for an exception was ok, then it could be acted upon by the Director. Mr. Overson stated he strongly opposed this proposal as it is worded because what that would do is take the Zoning Ordinance out of the procedure. He felt this would be very unhealthy for the City. Plus, now the Director has an additional significant power for the decision that neither the Council nor the Planning Commission will know about. He found nothing in the document that indicated those decisions would be recorded any where. Mr. Hough questioned if it would make TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 21 of ~ it easier if we excluded uses and density? Mr. Overson stated yes, but he also had other concerns. Mr. Colvin questioned if there was someone out in the community waiting for this proposal to be approved? Mr. Hough stated he did not know of anyone. Mr. Colvin stated it looked like the Planning Department would encourage people to build a foundation and get started without getting a permit and it was his feeling that the individual would get approval to build his development as described by Mr. Leedy. Mr. Pratt stated that was a false statement. It was a true statement that the foundation was started and it was a true statement that a stop work order had been issued and under enforcement. He stated there are people aware that this proposal is being considered and are interested in what impact it may have to their property. If approved, there may be some applications to do exactly what Mr. Leedy described. Just as there are other people in the community who would use it for other reasons. This item was not intended at the request of a specific individual who wanted to put a duplex on a lot that was too small. This proposal was intended to simply allow them to round off some sharp corners of the Zoning Ordinance. What is being discussed at this time is the limits of that rounding off. Mr. Co111ns stated he basically concurred with what was trying to be done, but he could not vote for the proposal the way it was written. He hoped it could be written in a more clear manner so that the general public had a good understanding of words, such as "substantively". If the fourth criteria was dressed down into the Kings English, it might be a very valuable tool. Mr. Hough stated that terminology was in the Shoreline document and other ordinances. Mr. Collins stated the average citizen does not know what professional Planning jargon is. President Hotton reminded Council this item would come back in the form of an ordinance - Zoning Text Amendment. She felt Council was making it more difficult than it needed to be. She questioned if Mr. Hough understood the concerns of the Council? Mr. Hough stated he understood the inference and he hoped Council understood what they were attempting to do. President Hotton questioned if Mr. Hough could take the concerns of the Council and put in the proper form, as per ordinance, and come back with a clearer proposal? She urged Council to approve the proposal at this time, as per the direction given Mr. Hough, and it would come back in ordinance form. If Council did not like the reworked document, then they could always vote no or amend what was presented. She supported the proposal as a good idea and concept. TAPE #911 City Council Reg. Mtg. Minutes April 10, 1991 Page 22 of 31 #3156 TAPE #912 Mr. Johnson suggested the following wording: under Section B, adding another criteria was added which stated "There are no changes to allowed uses or density of the parcel". Then, the document would be talking about what the staff wants, which is setbacks, etc., on whole lots. Mr. Waibel stated that was not the place to insert it because those are only the ones that go to Planning Commission. Mr. Johnson suggested inserting something in Paragraph 3. Mr. Overson questioned if the administration should be allowed to change adopted requirements, change the height of fence requirements, change a whole bunch of things in the Zoning Ordinance that was passed and intended to be law. President Hotton stated she placed a little faith in the Community Development director and if it goes for administrative approval it does need the signatures of the abutting property owners and if they don't get their approval then it goes before the Planning Commission. Mr. Johnson pointed out it could be appealed. Mr. Waibel strongly suggested directing staff to come back with wording that addresses Council's concerns and at this point he was not willing to approve an amendment to the Zoning Ordinance, even trying to engineering it from the podium. He preferred having another hearing to discuss the issue. M/S/C/U(Waibel/Johnson) to continue this item until the Planning Department can return with the concerns addressed during this discussion. 7F - RESOLUTION #2341, SETTING A HEARING DATE FOR VACATION OF BRENTWOOD CIRCLE, #AB91-094 Bremerton School District is requesting the vacation of Brentwood Circle Street right-of-way. RCW 35.79.010 requires the setting of a hearing by Resolution not less than 20 days nor more than 60 days after Council passage of the Resolution. Don Pratt, Director of Community Development, stated the issue presented was to just set a date for a public hearing to vacate the right-of-way. Public comment - none. DeWavne BoVd, Superintendent, Bremerton School District, stated the only thing they asked was to proceed as quickly as possible due to their being on a very tight deadline to have the school in place for fall of 1992. Mr. Johnson stated he understood there is a committee formed or proposed that would consist of some School District TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 23 of ~ personnel, City Traffic Engineering staff and citizens from the area to work on ways to get children to school safety. Mr. Pratt stated that was correct. The School Board endorsed the concept and it was anticipated that a report would ready for Council at the May 1 meeting. Mr. Johnson questioned if Committee's recommendations would be available to Council on May 17 Mr. Pratt stated he doubted Council would know what the recommendations would be by the May 1 meeting. However, at that time it should be known that the committee was earnestly pursuing such recommendations. He stated he was confident that a report will be made to the School Board and the City Council and he agreed it would be nice to have it by May 1. He highly recommended that Council not make it a condition of vacation considering the commitment by the School Board. Mr. Johnson stated this was the only leverage the Council had to get this issue addressed, otherwise they could build a school and the only way most of the kids could get to school was to walk down Harlow Drive, which does not have sidewalks or shoulders. Mr. Pratt stated it was his understanding that the School Board not only has a moral or political responsibility to see that there is safe walking but they also have an element legal responsibility, as the City does, to see that there is safe walking. Whether the School District's consideration of safe was up to the City's consideration of safe can be called in the question. He did receive a commitment from several members of the School Board and chief School Administrators to pursue this and the City's Engineer was comfortable with it and convinced there is a commitment to make it work. Mr. Waibel noted the other item addressed during the original hearing was whether or not the City would be able to exchange lands rather than give away lands. He questioned if this issue would be addressed at the May 1st hearing? Mr. Pratt stated the City Engineer would be providing information on that at the time of the hearing. Mr. Colvin requested Field Ryan have an opportunity to speak at this time. Field Ryan stated they had worked with Don Pratt and they are eager to get going on walking areas. They are, by law, required to designate the safest walking area to the school. The School District is not able to go off the site and develop the whole area around the school land. The School District did commitment themselves to work with the City and they have met with Mr. Baker, City Engineer, on the vacation of land in order to provide the 50 foot right-of-way on Lyle. #0062 M/S/C/U(Collins/Colvin) to approve Resolution #2341, setting TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 24 of ~ a hearing date for Brentwood Circle vacation on May 1, 1991, at 6:00 PM or later. 7A - ORDINANCE (FIRST READING) ESTABLISHING ROOSEVELT FIELD REPLACEMENT FUND, #AB91-093 After a second public hearing held April 3, 1991, concerning transfer of Roosevelt Field in lieu of condemnation by Olympic College, the City Council passed a motion making said transfer contingent upon creation of a trust fund to redirect proceeds of the transfer into replacement assets to meet the recreational and open space uses currently served by Roosevelt Field. The proposed ordinance establishes such a fund. Del Knauss, 139 Olympic Avenue, requested that Council President Lynn Horton, Councilmen Johnson, C. R. "Tiny" Collins and Hank Waibel step down from voting on this proposal and any future items pertaining to Roosevelt Field or any Agenda items relating to this trade. His reason for asking them to step down was because they had met with Olympic College Trustees for months negotiating the trade for Roosevelt Field and then supposedly voted on the trade with an open mind. He questioned how they could vote in all fairness when they negotiated this trade. Also, these Council members were acting as Administrative part of City government, not the Legislative branch, which is their job. If these members refuse to step down, he respectfully requested that the Council President direct the City Attorney to address why this is not a conflict of interest or a violation of the "Appearance Of Fairness" doctrine. He requested a written response to his request. He noted Spencer Horning had previously stepped down from an issue less important than this and at that time Mr. Horning frankly stated that any time Council members were challenged they had an agreement they would step down. Ian Sievers, City Attorney, stated the issue Mr. Horning stepped down on was a quasi judicial hearing and it was in a gray area and he agreed to step down, although he, Mr. Sievers, did not believe it was an "appearance of fairness,' problem at that time. This issue is an administrative matter that Council is handling and has to do with budgeting and finances. The agreement to sell assets, which Roosevelt Field is one, is also a quasi administrative function of City Councils, typically. They have more than just a Legislative role, This is legislation that affects the public but it does deal with the assets of the Municipal Corporation and they are dealing with those in a proprietary capacity. This is probably closer to Legislation because it sets policies for use of funds in the future. There is not an "appearance of TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 25 of 3! fairness" problem since it is not a quasi judicial hearing. Mr. Sievers offered to provide this explanation in a written memo if desired. President Hotton requested that he do so in order to address Mr. Knauss's concern. Cecil McConne11, 3245 Almira Drive, requested that this ordinance be made tighter than the Parks Protection Ordinance. Mr. Gil Johnson, Deputy City Clerk, read into the record a letter received from Jim Adrian, 621 Washington Avenue. The following concerns were noted in Mr. Adrian's letter: (1) he considered the language in Section 3.23,010 to be vague to assure that future Councils understand the intent of the public statements and promises made by the Council President on behalf of the full Council. He suggested the following wording: "There is hereby established an expendable trust fund to be called the Roosevelt Field Replacement Fund. This fund shall be used for the replacement of the following recreational sporting actions which shall be located as close as possible to the Roosevelt Field area. 1. Women's Co-ed Softball 2. Adult Soccer 3. Children's Soccer"; (2) that none of the funds set aside pursuant to this ordinance shall be utilized to fund the Sports Complex. Mr. Waibel stated in response to the request to make this ordinance tighter than the Parks Protection Ordinance, Council or citizens cannot enact a City ordinance that supersedes State law. Apparently that was not communicated very well last week, in fact the verbiage that communicated that well was not heard over the TV due to a technical problem with the sound at that time. Because State law cannot be superseded, that was why Council was not able to put together an ordinance by the initiative formthat would handle this particular condemnation situation. Secondly, he looked at this fund as "visionary" and he would like for this fund to be a long-term fund much beyond simply the replacement of Roosevelt Field. We would like to this fund establish first of all replacement of Roosevelt Field adequately, finally to be a fund that will help improve all park programs. He suggested the following addition to Section 3.23,030: "Expenditures shall be limited to park capital assets which address the community's recreational and open space needs, financing cost, and expenses incurred in the prudent management of the funds real property assets. Community Recreational and open space needs served by Roosevelt Field shall have first priority in fund expenditure." TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 26 of ~ Mr. Overson pointed out that Mr. Adrian's letter had some good points and he felt it addressed a lot of concerns that other people felt about this issue, i.e., replacing some things that are lost. He suggested using Mr. Adrian's statement but include the following words in the second sentence: "This funds shall be used initially for .... ", and adding to the last sentence in that statement: "..., until the three above listed items are replaced". Mr. Johnson did not agree with Mr. Overson's suggestion and emphasized this fund would go on much longer than anything that had to do with replacing Roosevelt Field, assuming there was not an economic depression, etc. He pointed out even as addressed in Mr. Adrian's letter, the City would be building adult soccer field at the Sports Complex and this did not add up. If the City desired to put some children's play equipment in the Smith Cove area, then that would not be funded until all the rest was accomplished. He believed the Council was committed to Phase I of the Sports Complex never using this money. The intent is to build parks to take care of the needs that are being served now and have been served on Roosevelt Field. However, in about 10-15 years the average age of citizens using parks would not be in the lower 20's/upper 30's any more - the average age will then be into the 40's. He emphasized the demography of the whole United States, including Bremerton is changing. He also emphasized that the adult fields would be served by the development of the Sports Complex land the youth fields would be more appropriately located in the Smith Cove area. Mr. Estes stated he believed the Parks Board should have some latitude and start standing behind them. Mr. Adrian's proposal would do more to tie the Parks Board's hands than help them. He supported Mr. Waibel suggestion and felt it would allow the citizens to propose and build an appropriate type of recreational facilities that would suit the time and needs of the citizens of Bremerton and surrounding area. Mr. Colvin suggested that before Council passed this ordinance it should be cycled through the Parks Board itself. He believed this would improve public relations with the Board. He stated he could not support voting on this issue at this time due to many unanswered questions. He questioned how much money was being talked about, how would it be generated? He questioned what was meant in the statement relating to locating fields close to Roosevelt Field? Mr. Walbel pointed out that was not part of the ordinance. President Hotton clarified for Mr. Colvin that this Ordinance would tie up the funds from the exchanged property, Bremerton Lumber, from TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 27 of ~' revenue generated or future sale into a trust fund account that would go initially into a replacement of Roosevelt Field but long-term it would be a parks land acquisition and development capital fund. This action would not set the parameters where the money goes, how far from Roosevelt are we talking about, etc. She agreed that the Parks Board needed some latitude to do their job in this process. Mr. Colvln questioned if Council set up a trust could they also dissolve that trust and if there was a guarantee? Ian Sievers, City Attorney, stated the Trust Fund Ordinance would be administered as adopted until the time that was amended. Mr. Colvin questioned if Council could amend it at any time? Mr. Sievers stated he believed so. Mr. Waibel questioned how Mr. Colvin would guarantee such a trust? Mr. Colvin stated he still wanted this ordinance cycled through the Parks Board to get their input. Mr. Dawkins pointed out the ordinance specifically states the Parks Board would be involved with the expenditure of the funds. And, when the Sports Complex was built it would include adult fields and adults have vehicles to get to those field. Mr. Johnson suggested putting more teeth into the 5-Year Parks Comprehensive Plan, which is in fact how Council decides to divide up funds when they are available. The Comprehensive Parks Plan should have priority given to replacement of lost capability from Roosevelt Field. Mr. Waibel suggested continuing that referenced sentence to read: "...recommendation of the Parks Board following the Comprehensive Park Plan". Mr. Johnson stated what he desired was that when Council passed the budget every year to be able to structure Council's authorized expenditures in accordance with the 5-Year Parks Comprehensive Plan and not have to go back through a whole set of hearings in December. He suggested putting Council's faith in the Comprehensive Plan and it would provide a good mechanism to make improvements. Mr. Johnson stated he had intended to include some wording stating "we should consider guidance contained in the Parks and Recreation Comprehensive Plan". Mr. Estes related how the University of Washington had been able to capitalize on their investments in downtown Seattle, which included the Olympic Four Seasons Hotel, with those funds being designated towards the University's building program. He viewed the subject proposal in the same manner and saw it as a Park Building Fund. He did not want to restrict use of those funds to certain small areas because attitudes and needs change. President Hortonquestioned if Mr. Johnson's concerns over the TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 28 of ~i~ Parks Comprehensive Plan were addressed in Mr. Waibel's motion? Mr. ~ohnson suggested the following wording for the second and new third sentence under Section 3.23.030: "All monies received by the fund together with investment earnings thereon, may be expended by the authorization of the City Council. The City Council, when approving expenditure of these funds, shall consider guidance contained in the Bremerton Parks and Recreation Comprehensive Plan. Mr. Overson stated with the added wording to Section 3.23.030 he felt it's intent was along the lines of what Mr. Adrian was wanting included. President Hotton requested the Parks and Recreation Director provide the Parks Board with a copy of the proposed ordinance for their input by second reading of the ordinance. #0546 M/S/C/U(Waibel/Estes) to approve Ordinance, on first reading, establishing a trust fund for replacement of recreational and open space uses of Roosevelt Field, including the changes: second sentence under Section 3.23.030: "All monies received by the fund together with investment earnings thereon, may be expended by the authorization of the City Council. The City Council, when approving expenditure of these funds, shall consider guidance contained in the Bremerton Parks and Recreation Comprehensive Plan." And, addition to the last two sentences of Section 3.23,030 as follows: "Expenditures shall be limited to park capital assets 'which address the community's recreational and open space needs, financing cost, and expenses incurred in the prudent management of the funds real property assets. Community Recreational and open space needs served by Roosevelt Field shall have first priority in fund expenditure. 7B - ORDINANCE #4316 (SECOND READING) AMENDING CITY'S CODE OF ETHICS, #AB91-079 Public comment - none. Mr. Co111ns stated during earlier discussions with Mr. Sievers, he had two specific points of concern: (1) that this ordinance does not put the Mayor, who is the Administrative head of the City, whd all employees work for, into the ethics enforcement process; (2) that it uses the ethics ordinance to supplant personnel procedures and good personnel practices. Ian Sievers, City Attorney, noted Council did receive an amended copy of the proposed ordinance which contained a couple minor changes made during first reading of the ordinance. Mr. Sievers noted Council was provided a handout prior to the TAPE 911 #1174 TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 29 of ~ Council meeting that contained several changes made at the time of first reading of the ordinance. Under Section 2.96.070 (a) third line changing the word "City Attorney" to "Mayor" and deleting the next reference to City Attorney in that sentence. He noted by removing the word City Attorney it would equally serve the purposes discussed by the Ethics Committee. He believed the committee's original intent was to substitute a third disinterested person to monitor the process of the investigation to make sure action was taken or an investigation was concluded. He believed the Mayor was removed enough from the day-to-day workings of the department and also had individual responsibilities of his office. The second proposed change, under Subsection (c), second sentence, would read as follows: "The responsible official(s) will promptly perform, or arrange for, an investigation of the complaint in cooperation with the City Attorney and Mayor and take appropriate personnel action if a violation is established. He noted the "City Attorney" referenced needed to remain in the sentence as a number of the ethics violation involve criminal violations and the investigation has to be closely coordinated in order to not undermined or erode the success of the possible of filing criminal charges. He related a recent case where he had a conference with the County Prosecuting Attorney and even following his best advice it was challenged in the pretrial hearing. It is important that the employee disciplinary procedure be coordinated with possible criminal proceedings. Mr. Collins stated he concurred with both of those changes. President Horton questioned if the changes recommended by the City Attorney changed the intent of the motion to require it to go back to first reading? Mr. Slevers stated it did not change the intent and the recommended changes were discussed with members of the Ethics Committee.. Mr. Estes stated he believed the ethics Ordinance, as proposed,is a workable document and will serve a function. M/S/C/U(Collins/Dawkins) to pass Ordinance #4316, on second reading, revising the Code of Ethics for the City officials and employees; and repealing Chapter 2.96 of the Bremerton Municipal Code. 7C - ORDINANCE #4317 (SECOND READING) AMENDING THE OFFICIAL ZONING MAP FROM 8F-1 TO PS ON A 10 ACRE PARCEL NE OF THE INTERSECTION OF MARLOW DRIVE ANDCARRBLVD., (BRENTWOOD CIRCLE SCHOOL REZONE RZ-10-90, #AB91-082 #1286 #1294 TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 30 of 31 Public comment - none. M/S/C/U(Johnson/Estes) to pass Ordinance #4317, on second reading, amending the Official Zoning Map of the City of Bremerton from "SF-I" to "PS" for a 10 acre parcel at the Northeast corner of Harlow Drive and Carr Boulevard (Brentwood Circle School Site Rezone - RZ-10-90) 7D - ORDINANCE #4318 (SECOND READING) REZONE "CBR" TO "GB" APPLICANT: ATLANTIC RICHFIELD COMPANY, LOCATION: 2114 FIFTH STREET, #AB91-083 Public comment - none. M/S/C(Johnson/Colvin) to pass Ordinance #4318, on second reading, rezoning, subject to conditions, a lot located at 2114 Fifth Street, Bremerton, from Central Bremerton Residential (CBR) to General Business (GB). Vote: In Favor: Oppose: Overson, Estes, Horning, Waibel, Collins, Dawkins, Colvin, Johnson Horton 7E - ORDINANCE #4319 (SECONDREADING) ESTABLISHING FEES, RATES AND CHARGES FOR UTILITY SERVICE, #AB91-084 Public comment - none. Mr. Johnson stated he felt the Council received a good suggestion for retention of run off water and whatever was done as to a Stormwater program he hoped something like this could be worked into the ordinance. Mr. Waibel pointed out there was something in the proposal presented to Council that allowed a credit for retention. Mr. Horning stated he was in favor of the increase and emphasized that many years ago he and Council members Dawkins and Johnson were faced with a major problem where the City did not have the funds to do the work on existing City systems for wastewater and ultimately water. By keeping the rates in line where they need to be that major problem should never revisit. He stated he was proud that Council was continuing to address current and future needs of the utility systems. #1321 M/S/C/U(Waibel/Colvin) to pass Ordinance #4319, on second reading, setting forth fees, rates and charges for utility services and adding a new chapter 15.09 to Title 15 of the Bremerton Municipal Code. With no further business meeting adjourned at 9:44 p.m. TAPE #912 City Council Reg. Mtg. Minutes April 10, 1991 Page 31 of · Clerk LY~~HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault