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HomeMy WebLinkAbout02/01/89 · A~E ~606 ~A?~RO~ED DRAF~ CZ~¥ CO~CTL ~EE~I~G ~T~U~ES FEBRUARY 1, 1989 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, February 1, 1989 at 5:30 p.m., with Council President Spencer Horning presiding. Council members present were Lon Overson, Lynn Horton, Hank Waibel, Russ Johnson, Morrie Dawkins, A1 Colvin and C. R. "Tiny" Collins. Councilman Shirley Marty Crutcher 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 Horning and Invocation was given by Reverend Martin Torrence of Westpark Christian Church. CONSENT AGENDA A. Minutes of Meeting held - January 18, 1989, ~AB89-020 ~0018 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as corrected (Page 6, 5th paragraph: "Mr. Daniels explained normally 6-10 pilings can be driven per day on a 12 hour day..." 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 which has been made available to the council. ~0042 M/S/C/U(Colvin/Horton) on February 1, 1989, the Council does approve for payment those vouchers included and further described as follows: 41254, 41260 through 41383 in the total amount of $160,496.45 and Regular Payroll in the total amount of $311,276.82. COUNCIL MEMBER REPORTS Mr. Johnson reported the Council reacted very well last week in providing input back to the State Legislators through AWC concerning solid waste management proposals. He noted a legislative proposal was being drafted which could make curbside recycling mandatory for cities without providing any funding to assist in implementation and mandate recycling carriers to be used within specific areas. Mr. Johnson stated recycling is an important part of solid waste management, however, cities and local communities need to retain how best to do it within their locality. Mr. Colvin recently reviewed the City's i989 Annual Budget book with several citizens and he complimented the City Treasurer and his staff for putting together an easily read document. He noted there were a couple of items on pages 21 and 31 that needed clarification. Mr. Colvin expressed his strong support for the City to undertake a Biannual Budget and hoped the City Council will give it serious consideration. Mr. Dawkins reported the Ferry Riders Coalition will be hosting State Legislators in Olympia on Thursday. He noted it appears funding for the State ferries through the MVT Tax with Senator Craswell on board will have clear sailing, helping to solve part of the future program of the Ferry System. Problems still lie in the fact that the Ferry System is having difficulty keeping up (due to weather conditions). ·APE #606 City Council Reg. Mtg. Minutes February 1, 1989 Page 2 of ~ Mr. Collins announced on February 10, 11, 12, there will be a Vocational Fair at the Kitsap Mall. He encouraged everyone to become familiar with the vocational opportunities available in this particular area. Mr. Overson reported the Zoning Ordinance Errors Correction Committee met on Tuesday, January 31, and Committee recommendations on a number of changes will be brought to the City Council some time in February. Mr. Overson noted, in regard to the Budget book, Council will consider the process used and look for improvements when undertaking the 1990 budget. Mrs. Horton reported she attended an Open House at Kitsap County Council On Alcohol which inciuded a tour of the facility and information regarding services provided. She noted KCCA's director reported 30~ of their clients will stop drinking all together after going through treatment, 40% will continue to drink for a time and some will stop at a later date and 30~ eventually will die from alcohol related causes. Also, there are more younger children becoming involved with alcohol addiction. Mrs. Horton expressed concern that garbage cans with out lids are a problem in the City and urged everyone to make sure that lids are replaced on the garbage cans. The City does have legislation addressing this issue and the City would be much cleaner if everyone made sure that lids were secured on garbage cans. Lastly, Mrs. Horton will be participating in Crownhill School's PTA Pizza fund raiser. Their goal is to create and sell 3,000 pizzas and she urged everyone who is scheduled to work that day to be sure and show up...they need lots of help. Mr. Waibel reported he participated as a judge at Bremerton Middle School's Cultural Fair. He noted it was an excellent event which included displays, dancing and singing. Also, he attended Clyde Pachek's funeral which was held on Tuesday, January 31 as well as Ged Honoswetz's funeral which was held Friday, January 27. Mr. Homing stated he also attended Ged Honoswetz's funeral and saluted him as a career employee who "did make a difference". Also, Mr. Horning attended Clyde Pachek's funeral and noted he will be missed. President Homing announced Marty Crutcher was absent due to the recent death of his sister and his traveling to the east coast. PUBLIC RECOGNITION Kathleen McCluske¥, City Clerk, read a Proclamation honoring the national Society Daughters of the American Revolution for their preservation of history through education programs, essay contests and historic tours; with Mayor Gene Lobe proclaiming the month of February as "AMERICAN HISTORY MONTH". Andrew Parypa, 1122 Hayward, stated he was aware Council will hold a Study Session on Monday, February 6, at which time City staff will be discussing a Parking Plan and he hoped that plan or discussion would address his concern regarding parking on sidewalks. He voiced concern over the City staff's sensitivity to liability issues relating to placement of stop signs at an intersection, however, the City has not addressed the City's liability relating to parking on sidewalks and parking strips. Mr. Parypa referenced a committee that was set up by the Council on April 20 to address parking issues and requested an update as to the outcome of that Committee's efforts to address issues relating to parking on sidewalks/parking strips. President Homing stated this issue has not been forgotten and requested that he contact Councilman Lynn Horton on this matter. ·APE #606 City Council Reg. Mtg. Minutes February 1, 1989 Page 3 of ~ Leo Perry, 1515 High Avenue, questioned if the City's Police Department is staffed with enough people to cover the City of Bremerton. He expressed concern that there may not be enough officers available to meet the needs. President Horninq suggested that Mr. Perry contact Police Chief Del McNeal or Council's Legislative Assistant for information to address his concern. 5A - SAFETY INCENTIVE PROGRAM AWARDS, ~AB89-021 Effective October 1, 1988, Mayor Lobe established a Safety Incentive Program designed to encourage safe practices, promote safety awareness, and recognize employees who demonstrate safe working habits. The first employees to be recognized under this new program will be presented with certificates and pins tonight. Pe~¥ Lesser, Risk Manager, stated each of the seven employees to be recognized have contributed to the City's on going efforts to control losses and promote safety of co-workers and/or the public. Their contributions are as varied as the departments they represent and their contributions have been fully documented in memos which will be provided to the employee as well as be placed in their Personnel file. Ms. Lesser noted not all of the seven employees could be present to receive their award i.e., Phil Brown/Fire Department, Scott Erickson/Building-Planning, Jeff Elevado/Parks & Recreation, but were acknowledged for their contributions. And, Darlene Herrmann/Administrative Services, Bob Tulp/Electronics, Daniel Lowe/Utilities, Merilynn Erhart/City Council, were all presented Certificates Of Appreciation and pins by their supervisors. 6A - BID AWARD RECOMMENDATION - llTH AND HIGH AVENUE INTERSECTION IMPROVEMENT, ~AB89-022 Bids have been received for the improvements of the subject project. Two (2) bids were submitted which are listed below. Ledcor Electric submitted the lowest bid but their bid was determined to be unresponsive. Therefore, Engineering Department is recommending award to the second bidder, Ace Paving Co. Ledcor Electric, Inc. $223,348.75 Ace Paving 226,355.00 Mr. Johnson questioned if there are going to be left turn lanes in four directions how will traffic be coordinated on llth Street so that it will keep moving? Jan Stemkoski, Engineering, stated keeping traffic flowing can be controlled through the controlling devices for the main arterial and having the upgraded controlling devices will also help. Mrs. Horton questioned if the bidders were given of list of requirements for the project and questioned how it was determined the low bidder was not acceptable? Mr. Stemkoski stated the reason the first bid was rejected was due to the amount indicated for Item #34, Flagging. Their quote on Item #34 was not a reasonable amount for the requirement listed. Mr. Overson questioned if the amount stipulated ($.15 per hour for flaggers) could have been a misprint? Mr. Stemkoski stated they did check with the bidder to determined what their intent was and it was their intent to use the $.15 hourly rate. The City Attorney was contacted to determine if this amount was acceptable and the City Attorney determined it was not and provided the supporting letter which was included in the Council packet. Ian Sievers, City Attorney, stated when the low bidder was contacted about the questionable item they indicated that they included flagging costs in other bid items which could prejudice the City's decision to drop items or expand certain ·APE #6O6 City Council Reg. Mtg. Minutes February 1, 1989 Page 4 of ~ other items. The bid instructions clearly stated to break out the flagging costs and not incorporate them in other items. Mr. Sievers noted that competitive bid laws have two purposes: (1) to obtain the best bargain for the public, (2) to set up a system to provide fairness and to avoid collusion and favoritism among bidders and restricts negotiating material changes after the bids are opened. President Horning requested Mr. Stemkoski to state the source of funds for this proposal. Mr. Stemkoski stated the majority of the funds (about 804) are coming from Urban Arterial Board, a State organization, and 204 from the City's Arterial Street Fund (gas tax funds). Mr. Dawkins questioned if the subcontractors listed will be included in the contract? Mr. Stemkoski stated final selection of subcontracts can be made up to the time the work is started. Mrs. Horton questioned if the turn lane on High Street needed its own special signal? Mr. Stemkoski stated when a new installation is made they include as much as possible to provide for future needs and he noted the one from the High School would be needed. Mr. Johnson stated he would support the proposal, however, he expressed concern if the intersection at llth and High was really a problem and was the 1/4 million dollars being spent needed more at this intersection then somewhere else within the City? Mr. Stemkoski stated there is money involved which the School District dedicated ($30-40,000) for this installation. ~1079 M/S/C/U(Waibel/Dawkins) to authorize the award and execution of the contract with Ace Paving Co. 6B - PETITION TO MAKE 15TH AND HIGH INTERSECTION A FOUR-WAY STOP, ~AB89-008 A petition and letters of endorsement have been received to make the intersection at 15th and High a "four-way-stop". The reasons given for wanting the stop signs installed are "speeding traffic" and "a blind corner" Based on Engineering studies: the intersection does not warrant installation of a four-way stop. Dave Baker, City Engineer, referenced his memo to Ms. Horton, dated January 25, 1989, listing alternatives to the requested four-way stop, which include: A) Install "rumble bars" on both the 15th Street and the High Avenue side of the intersection to alert drivers to the fact that something is ahead. These would be placed south of the intersection on High and west of the intersection on 15th and in advance of the warning signs which now exist. B) Install signs indicating that drivers should "watch for cross traffic" between the present warning signs and the intersection. C Ask BPD to use emphasis patrols in the area on a scheduled basis to discourage speeding and cutting of the corner. D) Negotiate with School district to relocate school bus pick-up and drop-off points away from the subject intersection. E) Review the situation in a year to determine if the concern is still as strong. If it still exists to the same degree, consider developing an LID to pay for and maintain a blinking light at the ·APE #606 City Council Reg. Mtg. Minutes February 1, 1989 Page 5 of ~ intersection. Betty Buell, 1122 High, spoke in favor of the four-w~y-stop and questioned if the improvements planned for High and llth Street would increase traffic flow on 15th. She strongly urged the Council to take some action before someone was killed at the intersection. Walter Meeker, 1710 15th Street, expressed concern that the existing signs are hard to read and larger signs are needed. He also stated concern that traffic would be increased on 15th due to the work being done on llth and High. President Horning stated his objection to the idea of rumble bars and questioned if one stop sign could be located on 15th as it goes east so that a vehicle would not be crossing the intersection towards the school, thus cars would be allowed to go around High and up 15th? Mr. Baker stated that is an alternative but it would provide a three-way stop. He did not support using stop signs to control speeding in this area and cited the MUTCD regulations which reflect that "you do not use stop signs to control speed". Mrs. Horton spoke in favor of using stop signs but was not sure where that would leave the City as far as a liability issue. She did agree that the rumble bars could be used and might deter speeders, however, she felt that one year was too long to review the issue and suggested a minimum of not more than six months. Mr. Waibel spoke in favor of the rumble bars and felt they would bring an immediate improvement in slowing traffic in that area. Mr. Overson expressed his support of stop signs and did not want to wait until a loss of life happened at the intersection. Mr. Johnson stated his opinion that the State regulations should be used as guidelines, that the liability issue was a moot point - someone someday will file a suite either way, with stop signs or without. He stated he felt the City should do what is right and he acknowledged that 200 citizens support stop signs at this intersection and he also supported action to make the intersection a four-way-stop. Mr. Colvin questioned if this intersection could be classified as a "dangerous intersection"? Mr. Baker stated no, there is no such thing as a dangerous intersection but there are "dangerous drivers" Mr. Dawkins questioned if other cities have experienced placement of stop signs which do not meet State criteria? Ian Sievers, City Attorney, stated he had made a review of previous cases, however, he did not find any where situations did not comply with State regulations. He noted that the Manual is mandatory, it uses "shall" when it is mandatory and uses "may" when it gives discretion. The Warrants System tries to achieve a uniform State system for street design. It does protect budgets by not dictating too many signs which would require expenditure of funds. The MUTCD does not support too many signs either. He suggested that he research this further. Mr. Dawkins questioned how long would it take the City to install the rumble bars and signage if approved and could the review be shortened to three month intervals? Mr. Baker stated installation could be accomplished within two weeks and review can be made as often as Council requires. President Horninq stated he appreciated Mr. Baker being TAPE #606 City Council Reg. Mtg. Minutes February 1, 1989 Page 6 of ~ professional and identifying State code regulates, however, it is the Council's choice to do what they perceive as correct. Mr. Johnson noted his objection to the recommendation for police emphasis patrols because there are lots of other needs that require police attention. Mr. Overson stated recently a four-way-stop was installed at the corner of Perry and Sylvan which is very effective and a comparable situation to the proposed intersection. Also, he noted that recently at the corner of Burwell and Anoka stop signs were installed and he questioned which of the criteria were met to warrant the signs. Mr. Baker stated the severity of accidents, number of accidents during a certain period of years, but traffic volume did not warrant it. Mr. Overson pointed out there appears to be some freedom within the criteria required. t1977 M/S/F(Waibel/Collins) to direct staff to implement City Engineer's recommendations A,B,C,D, and E with modification to six months. VOTE: In Favor: Collins, Colvin, Waibel Opposed: Johnson, Overson, Horton, Horning Abstain: Dawkins Mr. Waibel stated he did support movement of the school bus pick- up and drop-off location, however, he was not supportive of the four-way-stop. Mr. Dawkins suggested that it might be best to wait two weeks while Mr. Sievers had a chance to review this issue. ~2198 M/S/C(Colvin/Johnson) that signs be installed to provide for a four-way-stop at 15th and High intersection and to direct staff to send a letter to Bremerton High School requesting them to relocate the bus pick-up and drop-off away from the intersection. Vote: In Favor: Dawkins, Colvin, Johnson, Overson, Horning Horton, Oppose: Waibel, Colvin President Horning requested that Mr. Baker wait for two weeks before implementing the order thus allowing Mr. Sievers time to report back to the City Council. 6C - DESIGNATION OF DESIGN SELECTION COMMITTEE, ~AB89-023 Council has allocated $160,336 for development of a waterfront park/pathway between 1st and 2nd Streets. No more than $2,000 can be spent on design until Council approves a design selection process. This Agenda Bill recommends a Design Selection Committee to be empowered by Council to select the design concept to be developed into construction plans for this project. Don Pratt, Director Of Community Development, stated this is a project where the City is both the permitter and the developer/owner of the project. Typically, an owner of a project tells an architect what concept they have in mind and asks the architect and engineer to develop preliminary drawings for approval. The particular project for the City of Bremerton, as the owner, is to construct some type of park, pathway or TAPE #606 City Council Reg. Mtg. Minutes February 1, 1989 Page 7 of ~ walkway between 1st and 2nd Avenues along the waterfront in the Urban Renewal area. What is being asked at this time is to appoint or delegate the duties of selection of a conceptual design at a cost within funds available. The City Council will also in addition to appointing or authorizing this Committee to make a design selection, will review the design of the project when it comes before the Council for the Shoreline Permit if it is appealed. If there is no zoning action involved, which he suspected will be the case, the Shoreline Permit on this project will be Administrative. If the Council or someone else is unhappy with the design that is Administratively approved, it can be appealed through the Planning Commission and City Council. The City Council will also be required to delegate authority to the Mayor to sign the construction contract that will build whatever design is ultimately proposed. Council would have the opportunity to look at the design at that phase also. Coming to the City Council to approve a Design Committee is not typically done - typically funds would be granted through the budget process to go and construct a project. On occasion the Mayor and staff request the help of some members of the public to help, however, in this case Council has asked that whatever process is used that it be brought back to Council. Mr. Pratt noted that this request is a "one time deal only", it would not be a Design Review Board that would look at anyone else's project on the waterfront. This group will meet to select a concept and then it would be disbanded. Don Atkinson, Bremerton Main Street Association, requested some consideration that Bremerton Main Street Association be represented on the Design Review Committee. Mr. Colvin questioned why representation from Bremerton Main Street Association was not included on the proposed list? Mr. Pratt stated the Agenda Bill represents the Administrations recommendations to Council. There were a couple considerations: (1) to keep the committee to a relatively workable size; and (2) to have competing interests. His only understanding why Flagship had two representatives and none for Bremerton Main Street was that there had been much work done by Flagship Task forces on the waterfront. Mr. Collins questioned why "park and/or pathway" was now being used when previous discussions identified it as "boardwalk"? Mr. Pratt explained the first amount of Block Grant money ($172,000) - the concept that Council first funded was a semi-boardwalk that was half on the beach and half on piling. At that time it was referred to a pathway/parkway and that is continued. There are at least three different concepts that an engineer, who is under contract, is directed in his contract to look at, (1) boardwalk, (2) pathway, (3) combination of the other two. Mr. Collins stated he felt Mr. Atkinson's comments on Bremerton Main Street's participation on the committee were well founded. Mr. Johnson emphasized the importance of having good people on the committee and he was concerned that specific individuals were not named from several areas and was opposed to making a decision until he knew who would make up the Committee. Mr. Overson stated his support of Mr. Johnson's concern and would personally prefer to see a list of specific members as opposed to representation. President Homing suggested that Council could accept the basic format and names given, thus establishing the committee and have ·APE #606 City Council Reg. Mtg. Minutes February 1, 1989 Page 8 of 12 the other names filled in the following week. Mrs. Horton emphasized the importance of including the Mayor on the committee because of his being the driving force on the waterfront development. Mr. Collins noted that Flagship has two representatives indicated and the Mayor is part of the Senior Committee of Flagship and as such can be a member of the Flagship delegation. ~2746 M/S/F(Collins/Colvin) that the following Committee be established to select the design concept for the Waterfront Park/pathway project funded by CDBG funds: 2 - Bremerton Main Street Association 2 - City Council Members Mr. Robinson, Robinson Construction Bremer Trust Representative Dean Johanson, Bremerton Park Board 2 Representatives appointed by Flagship City '89 ~3061 M/(Dawkins/ ) an amendment to the motion that the committee will be comprised of: Mayor Gene Lobe 1-Member of the City Council 2-Representatives Of Flagship '89 2-Representatives from Bremerton Main Street Association and within two/three weeks have the list of individuals to serve on the committee Motion died for lack of second. ~3152 Vote On Oriqinal motion: In Favor: Collins Oppose: Colvin, Johnson, Overson, Horton, Waibel Dawkins, Horning Motion failed. ?APE #607 Mr. Johnson expressed concern that the three names to come back to Council are being limited to the specific organizations named and he felt this might be too restrictive and individuals should come from those areas interested in Bremerton's redevelopment, such as Main Street, Chamber OF Commerce, or other organizations. President Hornin~ noted that the Agenda Bill reflects Mayor Lobe's recommendation, that Flagship has spent a great deal of time emphasizing the waterfront and park and Bremerton Main Street has a direct tie in on this issue. Mr. Johnson stated he did not like the proposal as presented on the Agenda Bill. ~0020 M/S/C/U(Horton/Colvin) the following Committee be established to select the design concept for the Waterfront/Park/Pathway project funded by CDBG funds with the representatives names to come back to City Council in two weeks. Mayor Gene Lobe Councilman Lon Overson Councilman Lynn Horton Jim Robinson, Robinson Construction Bremer Trust Representative Dean Johanson, Bremerton Park Board 1-Representative appointed by Flagship '89 1-Representative from Bremerton Main Street Association ·APE #606 City Council Reg. Mtg. Minutes February 1, 1989 Page 9 of ~ 6D - CONSIDERATION OF ANNEXATION PETITION - A MEETING WITH ANNEXATION APPLICANT JEFF MILLER TO CONSIDER HIS 104 PETITION TO ANNEX, ~AB89-024 Jeff Miller has submitted a petition requesting the annexation of his property, which is located south of Kitsap Lake and west of the City limits. The property consists of approximately 7.3 acres, and the annexation area includes a narrow strip of County- owned land. The City's Comprehensive Plan designation for the was completed, a DNS issued on December 7, 1988, and the Planning Commission held a public hearing to consider the zoning for the property on January 17, 1989. Resolution No. 89-2 contains the Planning Commission's zoning recommendation. RCW 35.13.125 requires the City to meet with the applicant and decide whether to accept the annexation. Ron Hough, Annexation Coordinator, made a presentation using view graphs and slides to show the location of the 7.3 acres. The owner has a access road which is a wide right-of-way and part of his plan is to develop and dedicate the right-of-way along the road for public purposes. Surrounding area includes open areas used for grazing and wooded properties. Mr. Hough pointed out the owner is currently doing some pre-development thinning of timber as preparation of sites for development. Mr. Hough explained Council must decide three main issues during this discussion: (1) whether or not to accept the petition; (2) whether to adopt the Comprehensive Plan and Zoning for the area (this step has been taken care of as the Comprehensive Plan already covers the area); (3) to require the applicant to assume his share of the City's indebtedness. Mrs. Horton questioned Mr. Hough's statement that there is county owned land included in the proposal and had they been notified and what is their position? Mr. Hough stated they were neutral. Mr. Johnson stated he supported the general annexation, however, he questioned if the City could control run-off during development? Mr. Hough stated he did not believe SEPA applied to single family dwellings. Mr. Johnson expressed concern of more mud running off into Kitsap Lake during development of surrounding properties. Mr. Hough noted that there had previously been a residence on the property which had burned down; and the current clearing operations have been done under the County's jurisdiction. Mr. Johnson stated in general the whole area is critical to the water that feeds into the south end of the lake. Also, Mr. Johnson questioned if the utilities would be underground when the homes are built? Mr. Hough stated there was not a development plan at this point. Mr. Johnson noted that how things are handled in development of this area may be a signal for that on the West side of the lake...what type of zoning and how will that interface with the County so that their zoning and our zoning on each side of the lake can blend together and go from City to county. ~0422 M/S/C/U(Waibel/Collins) that the City Council accept Mr. Miller's petition for annexation and direct staff to schedule the matter for a public hearing to consider the 754 petition, as required by RCW 35.13.140 and assumption of the City's current indebtedness be required of the applicant. 7A - ORDINANCE (FIRST READING) ADOPTION OF DOWNTOWN URBAN RENEWAL PLAN, ~AB89-025 On December 28, 1988, the City Council approved a motion directing staff to prepare an Ordinance adopting the May 1988 draft copy of the Downtown Waterfront Urban Renewal Plan with certain changes. T~PE #607 City Council Reg. Mtg. Minutes February 1, 1989 Page 10 of 12 The changes directed by the Council are incorporated in a separate packet of revised pages for insertion in the May 1988 draft plan, attached to a memo from Kay Wilson dated January 18, 1989. The attached Ordinance (Exhibit B) will adopt the Urban Renewal Plan with the changes specified by Council. Kay Wilson, Planning Department, stated Planning staff had met with Council Operations Committee members to review and clarify a few of the items that were approved the previous week. As a result those issues are included in Ms. Wilson's memo dated January 26, 1989. She mentioned two in particular: (1) Design Review Board - the Operations Committee agreed with Staff's including a recommendation deferring final approval of the Design Review Boards function to the City Council rather than the Planning Commission; (2) Public Art - while this section has been nearly deleted from the Plan, one general statement remaines so as to not exempt development from this requirement during the interim. Staff plans to bring back in detail a Public Art Program proposal for Council's approval within the next two months. Mr. Waibel confirmed of Ms. Wiison's comment that the Operations committee had discussed the proposed plan and supported the recommended changes. Mr. Overson questioned under "Design Review Board (DRB) ...item "f": if Director of Community Development is to conduct Design Review until such time as the DRB is functional, to what review will his decisions be subject? Ms. Wilson stated any decision by the Director would be appealable to the Planning Commission as provided in the Zoning Ordinance. And, the Zoning process does have a notification requirement whereby notices would be sent to those individuals who would be considered affected parties. Mr. Overson questioned how many actions would go through this process between now and when the Design Review Board is in place? Ms Wilson stated she only knew of one pending and she was not sure whether it can be sent through that process any sooner than a couple of months. Under "Public Art" Mr. Overson questioned the need to use a strong word like "shall".... "All development and redevelopment projects shall include public art..."? Ms. Wilson stated by using the word "shall", there is a requirement for public art, with the details to be worked out and brought back to Council for approval. If a Public Art Program is desired and is to be included in the Urban Renewal Plan, either something very general can be included at this time or an amendment can be made to the Plan at a later time. Mrs. Horton stated her support of a Public Art Program and by including it the City would be making a statement that the waterfront is to be attractive and inviting to the public. Mr. Dawkins questioned if the State would come to the City with a proposal for a permanent ferry terminal parking garage will the height requirement in the Plan allow that type of project? Ms. Wilson stated the State's proposal that was prepared in 1981 was a two-story structure with engineering provision for expansion upward when funding was available. Mr. Johnson questioned under "Marina North/Area"...what is meant by "Permanent Moorage: One (1) space/moorage slip"? Ms. Wilson stated it related to parking requirements. Mr. Johnson questioned if permanent moorage space at any time would be included in the plan? Ms. Wilson pointed out the word "liveaboard" had been TAPE #607 City Council Reg. Mtg. Minutes February 1, 1989 Page 11 of 15 deleted and "Permanent Moorage" inserted. The concern was that the parking requirement should speak to permanent moorage rather than whether it is liveaboard. Mr. Johnson stated it was his understanding that the Council had previously decided there would be no permanent moorage, that only transient moorage would be permitted. Ms. Wilson stated permanent moorage is permitted in Marina North and so far it has not been prohibited in Marina South. And, what is prohibited in Marina South is covered moorage except for emergency vehicles. Mrs. Horton questioned the use of the word "permanent" and would someone in the future construe it as liveaboard? Ms. Wilson stated it would be up to the Port or whoever built the marina. Mrs. Horton pointed out that liveaboards brings up sewer concerns. Mrs. Wilson pointed out that would be under the Health Department and/or Coast Guard jurisdiction. Mrs. Horton stated she would prefer no liveaboards, permanent or otherwise, and, and would like to stipulate that permanent means no liveaboard. President Horning pointed out that the Urban Renewal Plan is a living document and amendments can be made at any time there is a need to make a change. Mr. Johnson questioned under "Marina South Permitted Uses"...Item 4) "Tour Ship, north of Second Street extended"...does this give sufficient flexibility in the negotiations that are going on for a tour ship? Ms. Wilson explained that means that a tour ship could go anywhere in the Marina South area as long it was north of the extension of 2nd Street. Mr. Johnson questioned under "Timing of Acquisition"...he thought the intent was that the City "may" or "could" acquire property after a two year period and should the word "will" be changed to "may"? Ms. Wilson stated she thought it would be appropriate- Council's intent was to assure everyone that acquisition proceedings would not commence before a two year period except for the "Exception to Schedule" provision. Ms. Wilson suggested wording that would say: "Timing Of Acquisition - Acquisition of non-compliant properties will commence no sooner than two years from adoption of this plan..." Mr. Waibel expressed concern that the City might be putting itself in the position of not being able to obtain property prior to the two year designation if it was a necessity for a project to develop. Mr. Waibel questioned under "Marina/North Permitted Uses" whether prohibiting "houseboats and covered moorage also prohibited iiveaboards"? Ms. Wilson stated there does need to a distinction between houseboats and liveaboards...liveaboards are understood as people living on boats as opposed to houseboats. ~1464 M/S/C/U(Johnson/Colvin) to approve ordinance, on first reading, the Urban Renewal Plan as presented with the following exceptions: (1) that on second reading the plan comes back with prohibition of liveaboard and permanent spaces in the Marina South area; (2) to clarify the statement on condemnation within a period of two years so that the City could acquire property not necessarily through the condemnation process. 7B - ORDINANCES (3), (FIRST READING) RIGHT-OF-WAY CONDEMNATION llTH & HIGH INTERSECTION: CARTER, DREW AND OUR SAVIOUR'S LUTHERAN CHURCH, ~AB89-026 The City Council has previously approved acquisition of right-of- way at the llth and High intersection. The Engineering Department has been unable to negotiate the T~PE #607 City Council Reg. Mtg. Minutes February 1, 1989 Page 12 of 1~ purchase of right-of-way from the subject owners, therefore, it is necessary to commence condemnation proceedings. President Horninq stepped down due to a conflict of interest relating to Our Saviour's Lutheran Church. Council Vice President Hank Waibel stepped in to serve as Council President. Ian Sievers, City Attorney, stated for the record all of the owners are willing to sell the property it is simply a matter of getting all the signatures and instruments into Escrow and the owners were concerned that the public may have the perception they did not want to cooperate with the City, which is not the case. ~1559 M/S/C/U(Johnson/Colvin) to approve Ordinances (Carter, Drew, Our Saviour Lutheran Church), on first reading, declaring the need for condemnation of a parcel of land in and through certain real property for the purpose of constructing a public street for the City of Bremerton. Council President Horninq returned to the meeting. With no further business meeting adjourned at 8:07 p.m. KATHLEEN L. MCCLUSKEY,~CITY CLERK APPROVED c~CoE~ BHOr~~President KLM/S/me cc: Normal Distribution File/Vault