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HomeMy WebLinkAbout05/23/90TAPE #733 JUN 13 UNAPPROVED DRAFT #0038 #0058 CITY COUNCIL MEETING MINUTES May 23, 1990 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, May 23, 1990 at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were: Lon Overson, Wayne Estes, Spencer Horning, Morrie Dawkins, C. R. "Tiny" Collins, A1 Colvin, and Russ Johnson. Councilman Hank Waibel was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and the Invocation was given by Chaplin Tim Morita of Sub Base Bangor Chapel. Ms. Horton stated there will be a executive session and a study session following the Council meeting. CONSENT AGENDA A. Minutes Of Meeting - May 9, 1990, #AB90-116 M/S/C/U (Horning/Dawkins) presented. to approve the consent agenda as CLAIMS/WARRANTREGISTERS 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 which has been made available to the council. M/S/C/U(Colvin/Dawkins) on May 23, 1990 the Council does approve for payment those vouchers included and further described as follows: 110207 through 110334, 110336. 110337, 110338, 110339, 110340 in the total amount of $235,477.97 COUNCIL MEMBER REPORTS Mr. Johnson stated the "good news" is, it was a great Armed Forces Week celebration, the parade committee and everyone who worked on it did a good job. He stated the "bad news" is, the School Bond Levy failed by just under 700 votes, but the indication is there of community support to improve the schools. Mr. Colvin stated the Armed Forces Day celebration was outstanding and he commended Main Street Association, Flagship and the many civic organizations who had input in the parade. He stated the Lions had a hand in the festivities with their annual pancake breakfast which was well attended. MINUTES City Council Meeting May 23, 1990 Page 2 of 17 #0100 #0110 #0129 #0134 #0152 Mr. Colvin stated unfortunately the School Bond Levy did not pass and expressed his appreciation to those who did go to the polls. They overwhelming voted for passage of the levy. He encouraged another effort for this levy. Mr. Johnson stated while Chaplin Morita is attached to Submarine Base Bangor, he is the Pastor of Jackson Park Chapel in Bremerton. Mr. Dawkins stated he did not see the parade as he was in charge of the "cement mixer" for the pancake batter from 11 am - 1 pm, but there was a good turn out for the parade. He felt the Armed Forces picnic last Thursday was delightful and he met many very nice people. Mr. Collins stated it was a good parade. Mr. Overson stated the last time a School Bond Levy passed there was much information put out to voters to give them a feeling of what they would get for the investment. That wasn't the case this time and he encouraged those supporting the next one to give the people something to think about; pictures, plans, concrete evidence of hard earned dollars toward taxes. Mr. Estes stated Monday night at a meeting with Parks Department staff and Ken Brees, Street Supt., there was discussion of trees on 4th and 5th Streets that will have to be removed as they are damaging the sidewalks. He stated next Wednesday, he and Michele Windsor will visit each address on 4th Street and explained that as the City planted those trees some years ago, it is the City's responsibility to remove them so they do not further damage sidewalks. He stated this fall, for every tree removed, a more suitable tree for sidewalks will be planted. Mr. Estes stated another project which is going slow is the Uniform Housing Code. He summarized what a Housing Code is; if a house has a window there should be glass in it; if there is a toilet it should flush; if there's a stairwell there should be steps in it, etc. He felt there is opposition to this from slum landlords. Mr. Estes stated if he doesn't get support on this he will go to Olympia in June and campaign to get this on the agenda for the State Legislature this winter. He invited all those in the rental business to call the Council office in order to set up a meeting to work on a Housing Code that would be satisfactory to the people in Bremerton. Originally he felt a tenant clause should be placed in the code, but now feels it would be wiser if the housing group would get with the City Attorney and draw up good, sound contracts. Mr. Estes stated the Bremerton Housing Authority has done this and it is a good contract. He feels those in the rental business should help put this together. Mr. Estes stated there is disgraceful housing in Bremerton that should be torn down, there are places that welfare Section 8 won't allow people to live in. MINUTES City Council Meeting May 23, 1990 Page 3 of 17 #0262 #0299 Mr. Horning offered congratulations to all who participated in Armed Forces Week, it's a great opportunity for the City to mesh in with the military and it was fun. Mr. Horning stated on Monday, Mayor Mentor, Council President Horton and he met with Transit Board of Commissioners and continued the process of making progress toward tomorrow in Kitsap County. He stated transit is going to be a great force in the quality of life in this County, it is great to have the support and forward thinking of the County Commissioners and Mayors in the County. Ms. Horton stated she had the privilege of helping with the rededication of Wyckoff Park. It has real significance in that so many entities took part in the recreation of the park. PSNS was helpful in moving the fence, the City did a major share as well as Bremerton Main Street. Fixing up of the park came from Frank Knox who at least three years ago, came to a design committee meeting at Main Street and said this is a project we should take on. A couple of grants for centennial money were applied for and a Kitsap Centennial Grant was received, which Bremerton Main Street came close to matching. Ms. Horton stated this is a lovely addition to downtown and she thanked all who participated with hard work. #0345 #0408 #0440 #0655 PUBLIC RECOGNITION Mayor Mentor read a proclamation recognizing the importance of safe boating and proclaimed the week of June 3 - 9 as "National Safe Boating Week" in Bremerton. Verna Lillie, Commander of U. S. Coast Guard Auxiliary-Flotilla 45, and Vice Commander and Chairman of National Safe Boating Week, Ed Erickson accepted the proclamation. Mayor Mentor agreed with Council members that this year's parade was one of the best in many years. He discussed the Car Show at Roosevelt Field on Sunday, and stated there was a good turn out despite the weather. The hours were cut short due to the weather and they are looking for this to be a better show next year. Little Britches, Queen Melissa Goit, and Princesses Dawn Meredith, Stephi Sampson and Stephanie Puzon introduced themselves and briefly discussed various functions of the Little Britches rodeo, which takes place June 15, 16 and 17. Dennis South, Central Kitsap Theater, discussed various locations they've been in over the years and stated they are currently using the old Sears building on 4th Street, which has been converted to a small theater. Mr. South invited Council to attend their current production of "The Boyfriend". He discussed the theme of the play and stated they have performances Fridays and Saturdays at 8 pm and Sundays at 3 pm. General admission is $8, seniors and students, $6 and $4 for children 11 and under. He stated they are happy to be in downtown Bremerton, it is a good location and there is ample parking. MINUTES City Council Meeting May 23, 1990 Page 4 of 17 #0715 #0803 #0934 #0979 Roy McGinnis, 2711 Maple, stated several times Mr. Estes has discussed the need for a housing code in the area and he is just as concerned and has brought to Council's attention the area around his church and he hopes with a housing code, something can be done. He stated his concern is due to a County, State, Federal school program and feels the church may be somewhat responsible for activities in the area. Mr. McGinnis stated on June 16 the Sinclair Baptist Church will have a semi-formal banquet honoring the pastor, which will be held at PSNS Officers Club. Don Larson, 135 Rainier, stated he would like to resolve his problems with Brem-Air. He stated he has talked with Mr. Sievers and been told three times the $1.75 rate in the ordinance applies. He discussed the "Dennis Weaver house" built out of old cans, tires, etc. He stated in Bremerton tires are considered garbage and felt the best way to implement recycling is for Council to implement the $1.75 fee for people like himself who want to recycle. Mr. Larson discussed a state law, ESHP 167, and stated part of that law is the State will direct cities to provide incentives for recycling. He stated a goal with this new law is to have 50% recycling by 1995. Mr. Larson provided Council with a packet of information on recycling, and stated he needs an answer in one week as he has an appointment with an attorney and he would rather not do that. Ms. Horton discussed environmental problems with using tires in structures and resulting problems if the structure should catch fire. Ms. Horton stated existing environmental problems cannot be solved by creating other environmental problems. BREMERTON MAIN STREET FIRST OUARTERLY PROGRESS REPORT - #AB90-117 There is no requirement for Council Action. A Main Street representatives is here to present quarterly activity report and to answer any questions that Council members may have concerning the expenditure of City funds allocated for operations. Don Atkinson of Bremerton Main Street Association, stated there are two main points to address: First point in the contract was to work cooperatively in a manner with other local organizations to assist the City in implementing its highest priority for 1990. Main Street has been working with Flagship City as a member of CBD Revitalization Task Force and as a member of CBD Sub- task Force to discuss the new freeway access project; Bremerton Historic Ships assisting in fund raising and marketing, and general coordination with EDC and VCB. Point two was to take the lead responsibility for the implementation of business retention program to attract new business to the CBD and work cooperatively with Flagship City and MINUTES City Council Meeting May 23, 1990 Page 5 of 17 EDC to insure the successful implementation of those programs. Bremerton Main Street apparently has been successful in having our City designated as the location for the Statewide Veterans Memorial. For the past two years, Bremerton Main Street has worked with the Statewide Veterans Memorial to successfully secure passage of legislation which would fund an All Veterans Memorial. Recently the State has agreed to allow the purchase of veteran decals for car license plates. The Veterans Memorial has been listed as the number one priority to receive funding. They have continued to pursue the promise of a factory outlet center in the CBD; they have been active in attracting State and County offices to the CBD; they've had on-going meetings with an antique store in an effort to attract them to the CBD; For the past three years Main Street staff have worked with the City and Washington State Centennial Committee of Kitsap County to assure redesign and planting of Wyckoff Park. This was a total cooperative effort, completed on time and on budget, and was dedicated on May 18th; have designed and produced packets containing information on investment opportunities in the CBD, which have been and will continue to be distributed to various organizations. Bremerton Main Street has determined in conjunction with Flagship City, if a Business Improvement District is necessary and desirable and if so, recommend a plan for implementation. Main Street is continuing the development, implementation and expansion of the CBD beautification program; continued the Adopt-A- Tree program with all trees purchased being planted, and trees for the next planting scheduled in a few weeks having been ordered; and a new series of plaques installed. Callow Avenue merchants have requested trees for their street. Main Street raised over $5,500 cash and $20,000 of In-Kind services which allows implementation of the Bremerton Blossom Program. This program allowed power poles in the CBD to be repainted, and new banners and hanging baskets were installed prior to the Armed Forces Parade. Mr. Atkinson stated they hope to change the banners on a regular basis according to the seasons, and the banners will to last longer. Update and upgrade utilizing research techniques accept- able to the City, CBD building utilization inventory which will be addressed at a later date but be completed by year's end. Actively solicit funds to be utilized in the redevelopment of the CBD. MINUTES City Council Meeting May 23, 1990 Page 6 of 17 #1360 #1460 Main Street has assisted in funding the "Blackberry Festival" which is new to Bremerton this year. Main Street has been successful in raising $9,000 during the first quarter for program operations. They were enthusiastic about the return of the passenger only ferry and concerned that the Ferry System did not quietly rededicate this service in a small Seattle ceremony. Main Street has contacted Washington State Ferry officials and offered their services to coordinate this significant event. And lastly, Bremerton Main Street has made a major financial and manpower commitment to the Bremerton Armed Forces Festival which has been undertaken by a new non-profit corporation in association with the Chamber. This included a $1,000 contribution to the new community float and many hours of donated time. It is felt this is a general community benefit and a number of Armed Forces activities now occur in the CBD and others will move back downtown when the Boardwalk and Waterfront Park have been completed. APPOINTMENT TO PLANNING COMMISSION - MARYLEE WELLING - #AB90-118 There is currently a vacancy on the Planning Commission. It is recommended the vacancy be filled by Marylee Welling. Mayor Mentor stated Ms. Welling has a business on 6th Street downtown and also lives in the downtown area; she has a great deal to offer the Board. Mayor Mentor introduced Marylee Welling. M/S/C/U (Dawkins/Collins) to confirm the appointment of Maryless Welling to the Planning Commission. Ms. Welling stated she is delighted a citizen can come forward and serve the community in this manner. LABOR AGREEMENT BY AND BETWEEN THE CITY OF BRMTON AND GENERAL TEAMSTERS LOCAL 589 - #AB90-119 The attached two-year labor agreement sets forth the wages, hours and other conditions of employment for non-uniformed employees of the City for the period of January 1, 1990 through December 31, 1991. The agreement has been negotiated in conformance with Council direction and provides for a 3.75% salary adjustment effective January 1, 1990 and 4.25% effective January 1, 1991. Wage grade changes for Lead Service Specialist, Lead Operator and Inventory Specialist are made to provide more appropriate differentials between classification levels and become effective the first day of the payperiod following City Council public session approval of the agreement. Health and Dental benefits consistent with City Policy are included. Employee contributions to the retirement system are changed from an after-tax to a pre-tax MINUTES City Council Meeting. May 23, 1990 Page 7 of 17 #1738 basis. Article 18 "Drugfree Workplace" has been added as a new provision. Other language changes for paydays, vacation eligibility and emergency leave, previously discussed with Council during negotiations are included. Letter of Understanding In addition to the items included in the agreement, the City has agreed to make arrangements with Kitsap Transit to provide free bus transportation to employees working within the downtown core. The City will issue identification passes to eligible employees prior to January 1991. Employee use of bus passes will be paid by the City. Public comment invited - none received. Caroline Marshall, Personnel Director, briefly summarized the changes made during negotiations and stated negotiations have been on-going for several months. Ms. Marshall stated a Letter of Understanding has been included whereby the City has agreed to arrange with Kitsap Transit for free bus transportation for employees working in the downtown core. Identification passes will be issued to those employees prior to January, 1991 with employee use of the passes paid by the City. A session has been scheduled for September, 1991 to review the Letter of Understanding and see how it is working. Mr. Estes stated they have been working on this agreement for many months and the final version is reasonable. M/S/C/U (Horning/Colvin) to approve the Labor Agreement by and between the City of Bremerton and General Teamsters Local 589 for January 1, 1990 through December 31, 1991 and authorize the Mayor to execute the Agreement, and issuance of identification passes to employees working in the downtown core and authorize the Mayor to proceed to make appropriate arrangements with Kitsap Transit to have the City pay for any employee use. Mr. Overson inquired if use of the passes will be limited to work? Ms. Marshall responded not at this time. LEASE AGREEMENT - GLOBAL AOUA-USA, INC. - #AB90-120 Global Aqua-USA, Inc. of Bainbridge Island has petitioned the utilities for lease of an existing concrete raceway adjacent to Gorst Creek together with production wells to provide conditioning of salmon broodstock. The facilities are to be utilized approximately four months each year beginning on or about September 1. The term of the lease is for 4 1/2 years commencing July 1, 1990. MINUTES City Council Meeting May 23, 1990 Page 8 of 17 #1850 Revenues generated from the lease will be retained in the Water Utility's Land Acquisition Fund. Bill Duffy, Utilities Director, stated this is some of the facilities formerly utilized by Domsea. The agreement requires that Global Aqua maintain the facilities and carry insurance to protect the City, and meet all regulatory environmental requirements associated with the operation. Public comment invited - none received. Mr. Horning stated this is a great idea and he is in support. M/S/C/U (Horning/Dawkins) to approve the lease agreement for lease of real property by Global Aqua-USA, Inc. subject to terms and conditions of the lease agreement and City of Bremerton Administrative Policies and Procedures and authorize the Mayor to execute the same. Mr. Johnson asked Mr. Sievers if it is clear the City has no liability pertaining to the environment regarding discharge into Gorst Creek. Mr. Sievers responded that was an unusual provisions over and above the City's standard contract language. He stated Global Aqua is responsible for meeting all state, local and federal discharge requirements. This was an area Domsea put a lot of effort into and Global is expected to comply also. LEASE AGREEMENT - U.S. COAST GUARD - #AB90-121 The U. S. Coast Guard has petitioned the Utilities for renewal of its lease for operations of a communications facility on Utility property at Reservoir #15 located at 1925 N.E. Cheryl Street. The attached proposed agreement provides for ten one-year periods and establishes a monthly site rental of $500 to be adjusted each subsequent year based on the change in the Consumer Price Index. Revenues generated from this lease will be retained in the Water Utility Land Acquisition Fund. Public comments invited - none received. Bill Duffy, stated this lease is for the existing tower. It is used by the Coast Guard to control inland traffic. M/S/C/U (Colvin/Dawkins) to approve the lease agreement for lease of real property by the U. S. Coast Guard Subject to terms and conditions of the lease agreement and City of Bremerton Administrative Policies and Procedures and authorize the Mayor to execute the same. Mr. Horning stated this lease will generate an additional $6,000 into the Land Acquisition Fund in the utility. He further stated MINUTES City Council Meeting May 23, 1990 Page 9 of 17 #1943 Bremerton probably has one of the foremost utilities in the State and he commended Mr. Duffy and his staff who worked on this agreement, and Council who has stood for years in support of funds. Mr. Horning concluded this is preparing Bremerton for the future. ~I~ND~N~ NO. 1 - CONTRACT #3145 PROFESSIONAL SERVICES CONTRACT/KITSAP LAKE PUMP STATION DESIGN - #AB90-124 The consultant has completed the hydraulic analysis of the system in preparation for the design of the proposed Kitsap Lake Pump Station. The analysis indicated the need to include in the design a new by-pass main and a flow control valve together with a flow meter at the Utility's Domsea site. In addition, a pressure reducing and chlorine residual analysis station will be required in the Kitsap Lake area to meet Safe Drinking Water Act monitoring requirements. Attached is Amendment No.1 to Contract #3145 for additional services for the design of a flow control valve and by- pass main at the Utilities Gorst Creek Facilities and for a pressure relief valve and monitoring station in the Kitsap Lake Area. The cost of the additional design services is estimated to be $25,000. Dennis Coburn, Assistant Utilities Director, stated this contract was originally let in November, 1989. In the preliminary phase an extensive hydraulic analysis was performed and they have indicated the additional need for the facilities that are covered in the amendment. An itemization of costs for the amendment is on an attachment to the amendment. Public comment invited - none received. Mr. Estes asked Mr. Duffy to explain why in-house engineers cannot be used, why outside consultation is necessary? Mr. Duffy responded the construction of pump stations includes a variety of disciplines and the City doesn't have that type of expertise. Hence, they go to outside firms for the expertise that is needed. Mr. Johnson wanted to confirm that the work suggested by the amendment will make the pump station work better. Mr. Duffy responded yes, they looked at the big transmission main originating in the Gorst area and because of the height in the watershed there appeared to be a problem in movement of the water, so some valves will be relocated. He stated it is a two part project with some built in Gorst and some in the Kitsap Lake area. Mr. Johnson inquired if the pump station will be landscaped appropriate to the neighborhood? Mr. Duffy responded yes. M/S/C/U (Johnson/Colvin) to approve Amendment No. 1 to Contract #3145 with James A. Montgomery Engineers, Inc. for the preparation of plans and specifications for the Kitsap Lake Pump Station and authorize the Mayor to execute the same subject to City of Bremerton Administrative Policies and Procedures. MINUTES City Council Meeting May 23, 1990 Page 10 of 17 #2125 SUBDIVISION ALTERATION HEARING - TO CONSIDER A REOUEST BY THE OWNERS OF VIEWCREST GARDENS TOREMOVETHE "RECREATION" DESIGNATION FROM A 1.8 ACRE PARCEL; APPLICANT - HEARTLAND REALTY - #AB90-122 The 300-unit Viewcrest Gardens apartment complex was subdivided in 1978. A 1.8 acre parcel was designated "Recreation" on the plat and it was originally intended to be used for that purpose. Since that time, Viewcrest Gardens has remained in a single ownership and there has been no need for additional recreational facilities. The subject parcel is not in use and has become a maintenance problem. In order to allow the property to be used for non-recreational uses, as allowed in its "MF" zoning, the applicant has requested removal of the "Recreation" designation from this parcel. In accordance with RCW 58.17.215, this public hearing before the City Council has been scheduled. This request has been heard by the Planning Commission and that body recommends approval of the alteration. Ms. Horton asked the standard appearance of fairness/conflict of interest question with all Council members remaining seated. Ron Hough, Planning Manager, stated this is an application for a subdivision alteration to remove the word "recreation" on the plat. Mr. Hough used an overview graph while briefly giving background information. General location of the property is north and behind Puget Power offices on Sylvan Way and Almira. Two applications were before the Planning Commission; one for a subdivision alteration and one for rezone. Viewcrest Gardens, owner of the property consisting of 1.8 acres, and Puget Power have been discussing the property for some time. Puget Power would like to purchase it and they had requested it be rezoned to be in the same zone as their existing property, which is zoned general business. Because of the recreation designation on the plat a subdivision alteration application was submitted by Viewcrest Gardens to remove that designation so the property could be developed. The Planning Commission held a hearing and approved the alteration of the subdivision to remove the recreation designation but did not approve the rezone and recommended Council deny the rezone also. After that decision Puget Power withdrew the application for rezone and the subdivision alteration only is before Council now. Mr. Hough discussed development of the Viewcrest Gardens complex in 1953 on 28 acres and stated this particular piece of property came about in 1978 when the complex was subdivided. The City approved the subdivision which was divided into 30 small parcels for individual sale. There were a couple of recreation parcels, parcel A was in another block of the subdivision and has been developed for recreation, parcel B, which was not needed for recreation and MINUTES City Council Meeting May 23, 1990 Page 11 of 17 #2611 #2757 #2840 was never developed. The wording in the agreement indicated it would be made available if the City wanted to develop it. The City did not require this for recreational purposes as there is enough open space in the complex. It is currently developed to about half what the zoning would allow now in the multi-family zone. This property has become a nuisance to management of the complex. It is collecting debris and is a place for vandals to congregate. Viewcrest Gardens would like to dispose of the property and Puget Power would like to purchase it. The Planning Commission feels the City has no need for this parcel as a City park or recreational area, Viewcrest doesn't need the parcel for recreation and there is no need for the property to remain in the recreation designation. The Parks Department has reviewed the application and they saw no need to keep it in recreation. It is a flag lot, the only access is from Almira Drive to the east and not easily accessible for a public park. They received no opposition and they have received comments in support including the BACON organization. Mr. Hough showed a number of slides of the area. Steve Perkins, representing Heartland Realty, briefly high lighted the major points: property is a security hazard for residents; no access for police and no way to police the area; adequate recreational facilities in other parts of the community, there is a school with playground across the street, the complex playground contains recreational type equipment and meets the needs of the complex residents. Mr. Perkins felt the community would benefit from removal of the recreational designation as it will then be added to the City's tax roll. He stated those are the main reasons they would like the recreational designated removed. The sale high lights the issue in that Puget Power, the most likely purchaser, is asking this be removed before the sale goes through. Linda O'Rourke, representing Puget Power, expressed support of removal of the recreational designation of the Viewcrest Garden subdivision. She stated Puget Western, Inc. often purchases property for Puget Power years prior to development of property, therefore Puget Power's interest in the property is to secure a developable parcel of land for future development. Future expansion of Puget Power facilities is contingent on the removal of the recreational designation. Mr. Colvin stated the recreation activities taking place at this location are activities Council would not be proud of and supports removal of the "recreation" designation. M/S/C (Colvin/Dawkins) the plat of Viewcrest Gardens be altered in according with RCW 58.17,215 to remove the designation "RECREATION" from parcel B. MINUTES City Council Meeting May 23, 1990 Page 12 of 17 #2885 #2942 #3013 #3065 #3140 #3162 Mr. Collins asked Mr. Hough why this parcel was designated as "open space"? Mr. Hough responded it wasn't a condition of the City to require that as open space, it was planned into the subdivision when it was subdivided in 1978. They felt at that time if they subdivided it and sold all the pieces that would probably cut down on the amount of open space between buildings, and they might have a need for additional open space. The pieces weren't sold, it's remained in single ownership and they have no need for these additional recreation facilities. Mr. Johnson stated his understanding that they could double the density and would only need a building permit. Mr. Hough responded that isn't correct; multiple-family zoning requires a planned unit development similar to Bremerton Gardens; a PUD with master plan would be required. Mr. Johnson also stated his understanding that Puget Power wants to buy this parcel but will not be doing anything with it for years. Mr. Johnson stated they have some problems with what is going on in that area and they need to fix the problems, not cut down the trees. Ms. O'Rourke stated Puget Power's intention is to develop the property either as additional parking or future office space. To go before Council again with a rezone or special use permit without that designation being removed, a great deal of money would be spent on designs for something that speculative. Mr. Horning pointed out that if Puget Power is the successful purchaser, they will be held responsible for problems in that area and asked Ms. O'Rourke if Puget Power has given consideration to how they will handle those problems. Ms. O'Rourke stated Puget Power has various sites through their service territory for future development that are currently vacant and they do police those sites. She discussed the possibility of fencing off the site if Council feels that is appropriate and they receive the necessary approval, but stated she is not in a position to make a firm commitment in that regard. Ms. Horton stated the recreation designation isn't on the comp plan or zoning ordinance and asked if it is on the subdivision of the plat? Mr. Hough responded yes, and further stated it takes Council action to alter a plat that has been approved. Mr. Johnson stated his point is that every time a parcel is designated a park, someone else wants to build a parking facility, He stated he'd like to keep trees in town, he feels the City is going to have higher and higher densities and having open space is desirable. Mr. Johnson stated other communities in Puget Sound are buying buildings and tearing them down to build parks and Bremerton is going in the opposite direction. #3242 Mr. Dawkins stated this is in his district; he walks that area and MINUTES City Council Meeting May 23, 1990 Page 13 of 17 Tape #734 #0056 #0290 there isn't much recreation taking place at this site except empty bottles and cans. Mr. Dawkins expressed opinion that Puget Power is a fair neighbor to have in the City and have done a good job of policing their area. Vote: In favor: Opposed: Overson, Estes, Horning, Horton, Collins, Dawkins, Colvin Johnson PLANNED UNIT DEVELOPMENT (PUD) SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT; APPLICANT - ROBERT KIRBY; LOCATION - 2630 NORTH WYCOFF AVENUE - #AB90-123 On April 17, 1990, the Planning Commission voted ~ to ~ to recommend approval of the Preliminary Planned Unit Development and Shoreline Substantial Development Permit. The application requests approval of the configuration of property lines and setbacks as proposed. Chapter VI, Planned Unit Development empowers the Council to approve, deny, or approve with conditions, the preliminary plan. Ms. Horton asked the standard appearance of fairness/conflict of interest question with Mr. Dawkins stepping down and all other members remaining seated. Jack Allingham, Current Planning Division, using an overview graph, stated the application before Council is two-fold; for a PUD and for a Shoreline Substantial Development Permit to divide the parcel of property, located on the southeast corner of 26th Street and Wycoff Avenue. The parcel is approximately 2,800 sq. ft.; the proposal is to subdivide the property into four lots to construct four single family dwellings. Generally construction of a single family residence is exempt from a shoreline development permit, Mr. Kirby proposes to be the developer and construct the residences; as it exceeds $2,500 and involves construction of four dwelling units, Council is asked to approve a shoreline permit. The process involves a preliminary application. A neighborhood meeting was held on 4/3/90 and issues from that meeting are contained in the minutes which are included in Council's packet. The Comprehensive Plan for this site is 0 - 7 dwelling units per acre; zoning is single family 3. The Planning Commission has recommended approval with conditions outlined in the packet. Those conditions basically pertain to granting a public access to the shoreline, restrict development so it doesn't exceed that of zoning, and insure that access to the site is reviewed by the City Engineer. Mr. Allingham showed slides of the area. Robert Kirby, owner, stated some positive things he'll be doing is zoning lots to approximately 6,000 - 8,000 sq. ft.; one old MINUTES City Council Meeting May 23, 1990 Page 14 of 17 #0347 #0387 #0422 #0729 structure on the site will be torn down, most of the old trees will remain. He stated parking seemed to be the biggest concern addressed at the neighborhood meeting. The project will be completely self-sustained with parking on the property; there will be no reason for parking on the street, which has limited parking. Max Hayes, 2604 N. Lafayette, stated his opposition on the basis that Wycoff narrows from 25th St. to 26th St. to less than a safe road and until such time as that road is widened and properly bulkheaded, he doesn't feel anything should be built on that property, regardless of parking promises on the site. Mr. Hayes stated it is a bus line, school bus lines and he has seen cars turn upside down in the dropoff and feels it is only a matter of time until a bus also falls into the hole. He feels before Council approves they should look as the property. Alice Egans, owner of rental property at 2533 N. Wycoff, agreed with Mr. Hayes. She stated with more residences going in there will be more traffic. Ms. Egans urged Council to visually look at the area before approving the proposal. Norm Walton, 2518 N. Wycoff, agreed with Ms. Egans. He stated the project will include a townhouse and part of that is going to be a parking area. The Plat plan does not shown the footprint of the townhouse nor the parking area and ingress or egress to the parking area. He suggested as a bare minimum there be an additional footprint of the townhouse including the parking area with ingress and egress so they'll know what the traffic patterns will be. Mr. Walton also stated the lot widths are all under lot width as shown in the ordinance the City has for 50 ft. lot widths. He stated when he questioned why they are leaving the boardwalk he was told the intent is to leave it open to the public. If Council approves this, they are giving the public access across private lands and across tidelands. It appears this is a form of seizure. He felt this is a clever way of giving public access to land that belongs to others. Mr. Walton discussed his concern of safety on the boardwalk. Glenn Vockrodt, 1409 Marlowe, stated this is not the type of situation for which the PUD ordinance was passed. He stated minimum lot width is 50 ft.; here it is 125 ft. divided by three. The PUD ordinance requires an easement along the beach and requires a public access from the nearest street to that beach. This will narrow the 125 ft. even more. Letters from Mr. & Mrs. Williamson, 2806 26th St., expressing concerns with parking, drainage, height of structures and width of lots; and S. D. Wambold, addressing concern of 25 ft. maximum height limit on structures, were read into the record. #0870 Mr. Kirby stated as far as parking on the property, he estimates MINUTES City Council Meeting May 23, 1990 Page 15 of 17 approximately 40 cars could park on his piece of property after the houses are built, there will be no reason to park on Wycoff. Regarding the storm sewer; there will be an engineer's plan that will have a direct discharge into the storm sewer. He stated there is no proposal for a townhouse, and he will abide by the 25 ft. height requirement. Mr. Kirby stated the property is zoned single family 3 and the minimum lot width for SF3 is 40 ft, they are holding between 41 and 43 feet. The 15 ft. easement for shoreline access will be given only across his property. He stated the only way for the public to get to the beach is from 26th Street Mr. Colvin asked Mr. Allingham if the Planning Commission heard all these concerns? Mr. Allingham stated the Planning Commission held a public hearing and took testimony. Mr. Colvin asked if the Planning Commission heard the claims about lot width? Mr. Allingham stated Mr. Kirby's claim of 40 ft. minimum lot width is correct. In response to another inquiry, Mr. Allingham stated zoning requirement for residential parking is two parking spaces for single family dwelling unit; the site plan submitted shows an adequate area for that parking. Mr. Colvin inquired about the safety of buses. Mr. Allingham responded the Engineering Department reviewed the site plan and did not object to the proposed subdivision of the property, one condition of the application is that the ingress and egress be reviewed and approved by the Engineering Department. Mr. Colvin inquired if the development as proposed will support Mr. Kirby's request as presented; no impact as far as safety to the commuters in that area. Mr. Allingham stated the application meets the density requirements of the Comprehensive Plan and the Zoning ordinance. Traffic generated by this proposal wasn't identified as being an issue; should ingress and egress be approved by the City Engineer, the Engineering Department doesn't have a problem with the proposal. Mr. Horning asked if there are any elements of the Comprehensive Plan, Zoning Ordinance, or Building Code that are applicable at this time for which waiver is being requesting? Mr. Allingham stated there is one issue regarding the setbacks for lot B. The Zoning Ordinance states when a lot fronts on two rights-of-way, it has two front yards; the Planning Commission reviewed that and considered the north side of lost A to be a side yard and concluded the 26 ft. right-of-way wasn't going to be a developable automobile thoroughfare and that 25 ft. set back is being required at the shoreline side. Therefore they felt that to allow a set back as shown on the preliminary PUD Plan would be consistent with the zoning ordinance and PUD intent. Mr. Horning concluded Mr. Kirby is complying with everything the City is asking. Mr. Allingham stated yes, and even more by granting the public access easement to the shoreline. Mr. Horning asked if the City could say "don't MINUTES City Council Meeting May 23, 1990 Page 16 of 17 develop that access". He explained he isn't in favor of public access to a beach which is residential and unlikely to have access from another major location; he felt it may be a hazard and he is not in favor of that under the circumstances. Mr. Allingham stated the City has adopted policies under it's Shoreline Master Program for public access during development proposals. Additionally, the PUD process seeks recreational opportunities and this would be consistent with the zoning ordinance regarding recreational activities. Mr. Collins felt the developer has done everything he can, except for two parking spaces. M/S/C (Collins/Horning) approve Robert Kirby's preliminary PUD and Shoreline Substantial Development Permit application subject to the conditions listed in attachment A which includes two parking stalls per single dwelling unit. Ms. Estes stated he is not opposed to development in Bremerton but citizens have expressed concern with safety and asked Mr. Kirby if he would conduct a tour of interested Council members and the City Engineer before next Wednesday and clarify these issues? Mr. Kirby responded affirmatively. Mr. Kirby stated the access to all four lots will be coming from one location, a 25 ft. community driveway on the west side of the property. Mr. Horning asked Mr. Allingham if the City is already requiring two parking spaces? Mr. Allingham stated yes, the zoning ordinance requires two parking spaces. He stated the action before Council is to approve or deny the configuration of the property lines and set back as proposed. Mr. Johnson stated he has a problem with restricting public access to the public beaches and is happy Mr. Kirby is proposing this and asked if at some point, can the City consider some kind of vacation to open the property up more? Mr. Allingham stated State law has recently been changed and communities can vacate street ends that end at the water's edge. Ms. Horton stated most of the property and beach along there is high bank property and it is difficult to control what is happening on the beach; also it is private property. Ms. Horton also expressed concern with existing the driveway as the drivers would need to look over their shoulder to see if there is traffic coming from their right. She stated she is not comfortable with the configuration of the street and driveway. Discussion followed regarding exiting the driveway. Using the overview graph, Mr. Allingham indicated the distance of the driveway from the street inteTsection. MINUTES City Council Meeting May 23, 1990 Page 17 of 17 Vote: In favor: Overson, Horning, Collins, Dawkins, Colvin, Johnson Opposed: Estes, Horton With no further business meeting adjourned to Executive Session and study session at 8:05 p.m. KATHLEEN L. MCCLUSKEY, CITY CLERK APPROVED City of Bremerton KLM/LH/eh cc: Normal Distribution File/Vault