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HomeMy WebLinkAbout03/22/89TAPE #620 UNAPPROVED DRAFT APRS- 1989 CITY COUNCIL MEETING MINUTES MARCH 22, 1989 #0036 #0050 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, March 22, 1989 at 5:30 p.m., with Council President Spencer Horning presiding. Council members present were Lon Overson, Shirley Marty Crutcher, Lynn Horton, Hank Waibel, Morrie Dawkins, A1 Colvin and C. R. "Tiny" Collins. Councilman Russ Johnson was absent. Also present were Assistant City Attorney Laura Anderson and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horning and Invocation was given by Reverend Mike Grimshaw of The First Church Of the Nazarene. President Hornina announced that Item 6E had been pulled from the Agenda for two weeks. CONSENT AGENDA A. Minutes Of Meeting - March 8, 1989, #AB89-061 B. Bid Award Recommendation - Golf Course Club House Re-Roof, #AB89-062 M/S/C/U(Dawkins/Overson) to approve Consent Agenda as corrected: Minutes - Page 7, first paragraph.."Mr. Sievers stated yes it is a contract and bids are required for public work not Professional Service Contracts...". 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. M/S/C/U(Colvin/Horton) on March 22, 1989, the Council does approve for payment those vouchers included and further described as follows: 42193, 42199 through 42367 in the total amount of $80,870.38 and Regular Payroll in the amount of $328,275.79. COUNCIL MEMBER REPORTS Mr. Overson reported the Audit Committee met on Tuesday, March 21 and noted the Auditor is doing an excellent job. Mr. Overson announced that John Koch will be part of a relay team participating in a Centennial Run from Clarkston to Ilwaco, Washington the week of April 2 through 9th. Also, Mr. Overson reported that today a delegation from Washington D.C., visited Bremerton for a preview of properties which may be considered for a National Cemetery site. Mr. Duffy, Utilities Manager, escorted the visitors. Mr. Crutcher reported on a recent newspaper article which described a program in Minnesota where lots were given away to individuals who desired to build homes in the city - promoting people to move back into the City and reclaim property not being used. He noted that through the Council process there have been occasions where the City disposes of property no longer being used, giving it back to the citizens and placed back on the tax rolls. Mrs. Horton reported on Council Operations Committee meeting this date where the Fire Department discussed the fire tower and what it would entail to relocate that facility. Discussion brought out that it would not be an easy task, relocation would require TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 2 of 12 finding a centrally located area where there is enough area to handle water run off as well as cost of removal and reconstruction of the facility. The Fire Department was tasked to look into several other options...one being talking with the School District about the possibility of leasing. Mr. Waibel stated his concerns regarding some statements made on Tuesday, March 21, at a Co-Location/part of the Flagship '89 procedures...that Task 9 of Flagship '89 had recommended the VCB be moved in with the Chamber of Commerce. He noted he was part of Task 9 and it was their recommendation that VCB not move its facility, that it was essential they remain where they are currently located - serving a greater use. And, if anyone should move to co-locate the Bremerton Area Chamber of Commerce should be moving in with the VCB. Another statement made - if in fact VCB did not agree to move in with the Chamber of Commerce the City would remove funding. Mr. Waibel stated that the City Council desires efficient use of City funding and funding would not be taken away if those entities receiving funds stay efficient. He stated, for the record, funds for VCB would not be removed if they stay at their present location, however if they moved in with the Chamber and reduced their effectiveness then he might reconsider whether or not to fund them. Mr. Colvin noted he was questioned by a citizen regarding the State Fuel Tax revenue and did the City receive such funds? After contacting Ken Attebery of the Port Of Bremerton, he learned that the Port does receive State Fuel Tax funds, which are being used to fund the Bremerton Marina project. Mr. Attebery reported the project is on schedule and the construction contract is to be awarded in June. Mr. Dawkins announced on Thursday, March 23, 7:30 p.m., the Washington State Ferry System will hold a public meeting to discuss a new Ferry Schedule. The new passenger only ferries have been included with very little adjustment in the car ferry schedule and adjustments have been considered for ferry riders who must make further transportation connections. He noted the Ferry Riders Coalition have reviewed the schedule and view it as a good schedule. Mr. Collins announced the old Charleston Neighborhood will hold its first meeting on Thursday, March 23, 6:30 p.m., in the Boy Scout Hall in Forest Ridge Park. Mr. Collins briefly described the need for and purpose of neighborhood groups and how they work together with their Council representative to share in the function of municipal government. Mr. Horninc reported he attended the Pro Bono Dinner which included a fashion show. He noted his strong support of the work that is being undertaken by the Pro Bono organization within our area. Mr. Horning stated he was personally rewarded by the fact that Bremerton is being considered for a National Cemetery. And, he thanked Mr. Overson, Mr. Johnson and Mr. Colvin for their part in helping to involve Bremerton in this opportunity. PUBLIC RECOGNITION Curtis Allen, 2123 5th Street, spoke on the proposed Parking Plan and questioned if the City was developing the plan to make money or to assist the citizens? He did not support the plan due to the cost of implementation and his belief that the commuters would not support the plan by parking farther away where there would be no charge for parking. 6A - SURPLUS OF CITY VEHICLES, #AB89-063 The City has several vehicles at Gold Mt. Golf Course no longer operable and are surplus to present needs. which are TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 3 of 12 #0674 A Declaration of Surplus is necessary to allow disposal. Mr. Crutcher questioned if the money received from the surplus vehicles would go into buying new vehicles or put into a reserve fund, etc.? Rich Hanna, City Treasurer, stated in this case all of the vehicles being proposed for surplus belong to the Golf Course and whatever proceeds are realized from the sale will be deposited with the Golf Course and those along with other revenues will serve to fund the Golf Course Capital Improvement Fund. A significant portion of that Capital Improvement Fund is replacement and upgrading of vehicles. Mr. Overson pointed out that this was one of many efforts being undertaken to clean up and beautifying the Golf Course. M/S/C/U(Crutcher/Collins) to declare Vehicles No. 3153, 3154, and 3155 surplus. 1578, 1723, 6B - AMENDMENT #2, CONTRACT #2921 CH2M HILL PROFESSIONAL SERVICES CONTRACT, #AB89-064 The Wastewater Utility, pursuant to RCW 90.48,480, has a requirement to address the combined sewers (CSO's) and their respective overflows within the wastewater collection system and the preparation of a CSO Reduction Plan. The Utility in its State's requirement. 1989 budget allocated funds to meet the Amendment #2 to the CH2M Hill Professional Services Contract #2921 provides for planning services associated with the DOE C.S.O. planning requirement. Estimated costs for preparation of the approximately $156,000. planning document is Bill Duffy, Utilities Director, explained the City is responding to the State's requirement as of January 1988. The Department Of Ecology was petitioned by the City for an 18 month extension, which is nearly up. Mrs. Horton questioned if Amendment #2 was really asking for $200,00 which included $156,000 for the study as well as $35,000 for additional engineering services. Mr. Duffy stated yes, $156,00 would be for the CSO Plan and if additional SEPA requirements or environmental work needs to be done additional funding would be required. Mrs. Horton noted the $156,000 is budgeted but questioned if the $35,000 was also included in the budget? Mr. Duff~ stated yes. Mrs. Horton pointed out that as part of Attachment B it was noted a great deal of work was being done in Kitsap County. Mr. Duffy explained he was working with the County to redefine some of the sewer service areas and the fee structure with regard to service to County residents. Currently that structure is the same as that for City residents and there has been some discussion with County Commissioners that there may be additional information or cost of service studies to be done by the City's engineers to support the fee structure. Mrs. Horton stated she hoped some of the $35,000 would be passed on to the County or County residents. Mr. Duffy stated he was hopeful that is the direction it will take. Mrs. Horton questioned the line item identifying $3,000 for a boat? Mr. Duffy explained there is a boat availability in the Utility to do some of the sampling but subject to the City's Risk Manager opinion if it may be used, however, if not, then the consultant would have to rent a boat to do the necessary sampling. Mrs. Horton questioned since the requirement is at the State's direction is there any funding from the State? Mr. Duffy stated #0977 TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 4 of 12 no. Mr. Waibel noted the City Attorney recommended wording in the contract be modified as follows: 3rd paragraph - "The parties hereby agree that the following provisions contained in ATTACHMENT "A" and "B" shall revise the AGREEMENT". And, in paragraph 4, change the word AGREEMENT to AMENDMENT. He suggested that these changes be included in the contact. President Hornina questioned what was the Utilities cash flow position? Mr. Duffy stated, with respect to the Wastewater Utility, they are in good shape and close to an agreement for reimbursement of a number of projects with the U.S. Navy and had recently approved an amendment to the Grant with respect to a number of construction projects associated with State funding and the revenue needs are being met for operations cost. Mr. Overson questioned that the contract appears to request a product and leaves the process wide open? Mr. Duffy explained the process is defined pursuant to the RCW and the Associated Code which are very definite with regard to requirements for the CSO Plan. Mr. Overson questioned if the City could have obtained the same product having gone to an open bid? Mr. Duffy stated the reason he chose this method was that the original contract developed the City's Wastewater Comprehensive Plan and a portion of the work was already completed through the Comprehensive Plan. The CSO Reduction Plan will become part of the Comprehensive Plan as well as satisfying the State need. Mr. Waibel questioned if this study would help the City to be more in compliance with the Clean Water Act? Mr. Duffv stated regulations are coming faster than the City can react to them, however, this is another regulation that has to be met and another step toward cleaning up Puget Sound. Mr. Collins questioned what will the study do for the City of Bremerton? Mr. Duffy stated the State is requiring the City, over the next 10 years, to eliminate a number of overflows. Currently the system, when it become surcharged with storm water, does overflow at various pump stations and overflows. The City has to develop a plan to eliminate them wherein storm water is separated from sewage. When there is a large storm event the combined system becomes intermingled and the excess continues to go into Puget Sound. M/S/C/(Waibel/Collins) to approve Amendment #2 to Contract #2921 for the preparation of a CSO Plan and authorize the Mayor to execute same subject to Administrative Policy and Procedure with the correction in third paragraph where the word "this" should be changed to "the" and in the 4th paragraph the fourth word should be "AMENDMENT" rather than AGREEMENT. Vote: In Favor: Abstain: Waibel, Collins, Dawkins, Colvin, Crutcher, Horton, Horning Overson 6C - CHANGE ORDER #2 CONTRACT #3005, SOUTH CENTRAL VALLEY ROAD, #AB89-065 Attached is Change Order #2 for the South Central Valley Road Transmission Main Improvement Project, Contract #3005. This change order provides for final adjustment of the bid quantities completed under this contract. The total cost of the completed project to include Change Order #2 is $56,505.65. #1080 #1120 TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 5 of 12 Bill Duffy, Utilities Director, re-emphasized this final change order represents the completion of the Transmission Main Improvement along Central Valley Road. President Hornino questioned if this was the project where there were health questions? Mr. Duffy explained just north of the project there were problems with asbestos pipe. Mr. Crutcher questioned if this was over 10~ increase to the basic contract? Mr. Duffy stated yes - this was associated with the removal of the asbestos. Mrs. Horton questioned if this was a budgeted item? Mr. Duff~ stated yes it is budgeted - a lump sum budget for infrastructure replacements (close to 1/2 million dollars per year is budgeted for existing water main replacement projects). M/S/C/U(Horton/Crutcher) to accept the project as complete and authorize Mayor to execute Change Order #2 to Contract #3005 subject to Administrative Policy and Procedure. 6D - LEASE AGREEMENT BETWEEN PALMA C. HAMMARGREN AND WASTEWATER UTILITY, #AB89-066 The Wastewater Utility sewer lift station located on the north end of Jacobson Boulevard is situated on property owned by Ms. Palma C. Hammargren under a lease agreement. Attached for Council's consideration is a new lease agreement between the respective parties to continue the agreement for an additional ten year period at the same terms and conditions. Bill Duff~, Utilities Director, stated the City has attempted to purchase the property from Mrs. Hammargren but she has been unwilling to sell. She is willing to continue the lease at $60.00 per year. Mr. Collins questioned why the City did not exercise the "right of domain" in this particular issue due to the possibility of the City being in a liability situation? Mr. Duffy stated that is a consideration, however, there is the possibility this pump station may be relocated in the future and they have looked at this as an interim agreement until the studies can be completed and sewers extended into that area. Mrs. Horton questioned why the contract had not been renewed prior due to the beginning date shown of October 1, 19887 Mr. Dully stated he had attempted to purchase the property and negotiations had been underway for that period of time. M/S/C/U(Colvin/Crutcher) to approve said lease agreement between the Utility and Ms. Hammargren and authorize the Mayor to execute said agreement subject to City Administrative Policy and Procedure. 6F - PROFESSIONAL SERVICES AGREEMENT - ECONOMIC DEVELOPMENT COUNCIL OF KITSAP COUNTY #AB89-060 This item was tabled for one week from the March 15 City Council meeting, in order to provide Exhibit A - Work Program And Deliverables. Don Pratt, Director Of Community Development, stated Earl Smith, President of the EDC sent his apologies for not being able to be present at this meeting. Mr. Pratt briefly outlined how the Work Program will work: Item A, which requires EDC to represent the City of Bremerton on the Team Washington - a State-wide effort initiated by Governor TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 6 of 12 Gardner - which endeavors to recruit out-of-State and Country businesses to Washington State and using local organization, such as the EDC, to develop an inventory of available lands and provide local contacts for parties coming in. Item B is operating a Business Assistance Program for procurement of local Federal contracts by Bremerton businesses. There are millions of dollars of Federal contracts within PSNS and Keyport that go out of County and often times the reason they go out is due to a significant learning curve as to how to approach the Federal government and use the paperwork and procurement process to achieve those contracts. Item C to Operate A Business Retention Program - this program puts businesses who are in need of increased management expertise or capital acquisition in contact with other local people who have those skills. It is often felt, in economic development efforts, that the first thing to be done is try to preserve the existing business. Item D is to market Bremerton as a location site to businesses. This goes along with the Team Washington concept. Item E - monitoring the level of business activity in the City through the Quarterly Report of B&O and Sales Tax, paying special note as to which economic activities are increasing and which are decreasing. Information is currently available to the City but is not being reviewed from an analytical standpoint in order to establish a profile and monitor activity as it rises and falls. For example, the medical business is an exceedingly strong business that is unseen by many. By monitoring the quarterly reports and seeing how strong business is quarterly they will better develop programs to retain or increase that business. Mr. Collins questioned if Mr. Earl Smith was also Managing Director of Flagship '897 Mr. Pratt stated Earl has been involved in Flagship but he was not aware he had a position with Flagship. EDC is coordinating efforts with Flagship - he is not a board member, he has worked with Mr. Pratt as staff. Mr. Collins questioned if the EDC was a function of Kitsap County and if so how is Bremerton involved? Mr. Pratt stated it is a function of Kitsap County only in a geographical sense. The Economic and Development Council of Kitsap County is no more affiliated with the County government of Kitsap than it is with the municipal government of the City of Bremerton. the City and County are both members and supporters of it and because of the kinds of services the City delivers we are able to develop the bulk of the services that EDC Council can deliver to a business... making the link between local government and the business is the EDC function. Mr. Collins questioned if the City has copies of past reports of the EDC. Mr. Pratt stated he has seen the latest annual report and he stated he regretted he did not include it in the Agenda packet. Mr. Overson questioned when the City Council would see the EDC's first quarterly report? Mr. Pratt stated it was his understanding the first EDC report will be delivyer within two weeks of the first quarter. A lot of the work is ongoing with the exception of one or two elements. Mr. Overson noted Mr. Smith is a very highly qualified individual. Mr. Crutcher questioned if the quarterly report would be presented as written or in person? Mr. Pratt stated he believed the intent of the contract was to have a written report sent to the Mayor's office. He felt if Council requested the President of ECD to come before them on a quarterly basis this could be accomplished. Mrs. Hotton questioned, under Assignability, to whom could the #1725 #1971 TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 7 of 12 claims be assigned? Laura Anderson, Assistant City Attorney, state that would be a credit agency. Mrs. Horton stated she personally would like to have all the funds go directly to EDC and they take care of their own billing and she desired to include that change in the contract. Ms. Anderson stated she saw no problem with that - it is standard contract language, not specific to EDC and could be taken out of the contract. Mr. Waibel suggested having a generic marketing presentation made to City Council at a Study Session. Mr. Colvin questioned how much has the City paid to EDC in the past and is the City getting their moneys worth? Kathleen McCluskey, City Clerk, stated approximately $10.000 was spent in 1988. Mr. Pratt stated he felt the City got its moneys worth on two fronts: (1) the City gets technical expertise to help market; (2) the Board of Directors represent a strong segment of the business community and to forge a partnership with that group is of immense value in other than just business ways. And, he strongly urged Council's approval of this contract. M/S/C/U(Dawkins/Colvin) to authorize Mayor Lobe to sign the attached contract with the Economic Development Council of Kitsap County and to strike the wording in Section 6b: "provided, however, that claims for payment under this Agreement may be assigned". 7A - ORDINANCE (FIRST READING) FOR VACATION OF A PORTION OF CHARLOTTE AVENUE BY OPERATION OF LAW, APPLICANT: BALLWEG- ROBINSON-CARLSON PARTNERSHIP, #AB89-068 On March 8, 1989, Council approved an application of Ballweg- Robinson-Carlson Partnership for vacation by operation of law of a portion of Charlotte Avenue abutting Lots 21 through 28, Block A, Oyster Bay Addition. This ordinance formalizes the vacation and will give clear title to the property, after passage and recording. Jan Stemkowski, Assistant City Engineer, gave a short history on Operation Of Law and noted the subject property falls within the appropriate time frame and was not annexed into the City until 1927, which places it under the County requirements. This piece of property should have reverted back to the abutting property owner previously, however, the City process puts the responsibility of request upon the property owner. Mr. Waibel noted the lack of a map showing the proposed vacation. President Hornin~ questioned if the City anticipated any need for the subject property? Mr. Stemkowski stated no - presently it is already a parking lot and the grade is such that the City would not desire to develop it. M/S/C/(Crutcher/Waibel) to approve Ordinance, on first reading, vacating a portion of Charlotte Avenue abutting Lots 21 through 28, Block A, Oyster Bay Addition. Vote: In Favor: Oppose: Overson, Crutcher, Horton, Waibel, Horning, Dawkins, Colvin Collins 7B - ORDINANCE (FIRST READING) FOR VACATION OF CHARLOTTE AVENUE N. OF KITSAP WAY BY OPERATION OF LAW, APPLICANT: RONALD AND KATHY KARLBERG, #AB89-069 Ronald and Kathy Karlberg, the owners of Lots 33 thru 40, Block A, Oyster Bay Addition, as recorded in Vol. 2, Pg. 63 of Plats, Kitsap Co. Washington, except Kitsap Way are requesting that Charlotte Avenue abutting said property from the north margin of #2371 TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 8 of 12 Kitsap Way to south margin of llth Street be vacated by Operation Of Law. Said Plat was platted during that period of time (1902) pursuant to the laws of the State of Washington 1989-90, Chapter 19, Sec. 32, Page 603, said property should be automatically vacated. Jan Stemkowski, Assistant City Engineer, noted this request is similar to Item 7A, which was just approve, and was part of the same annexation. Under the law it should have reverted back to the abutting property at that time. Mr. Collins expressed concern that the City is giving away right- of-way piece by piece and he did not approve of the method being used. Mr. Stemkowski stated the City does not initiate Vacations - the Operation Of Law and regular Vacations are initiated by the property owner. Mr. Collins noted that was City policy which could be changed. Mr. Stemkowski explained that if he were talking about vacating a portion of Kitsap Way, the property owner would have to pay and he may not be willing to pay the fair market price for the property. Mr. Waibel reminded Council they had decided to not do any more vacating along Kitsap Way until there is a plan for that area. President Morning stated the City does have a plan for that area and emphasized that the City must comply with State law and approve the request for Vacation. M/S/C/(Overson/Dawkins) to approve ordinance, on first reading, vacating a portion of Charlotte Avenue abutting lots 33 through 40, Oyster Bay Addition. Vote: In Favor: Opposed: Abstain: Dawkins, Horning, Waibel, Horton, Crutcher, Overson Collins Colvin 8A - PUBLIC HEARING - CROWN HILL ANNEXATION - TO CONSIDER 75% PETITION AND TO ACCEPT PUBLIC COMMENTS PERTAINING TO THE ANNEXATION AND ZONING OF CROWN HILL ELEMENTARY SCHOOL AND APPROVE ORDINANCE (FIRST READING), #AB89-070 On February 15, 1989, the City Council accepted the Bremerton School District's 10% petition to annex Crown Hill Elementary School, located between Rocky Point Road and Bertha Avenue. The Planning Commission has reviewed the Comprehensive Plan and zoning in the area and has recommended zoning for the annexed area. The purpose of this public hearing is to accept public comments pertaining to both the annexation of this property and its zoning upon annexation, and to consider the 75% petition for annexation. Ron HouGh, Annexation Coordinator, provided a view graph which outlined the property being considered for annexation - Crown Hill Elementary School site, which is presently in the jurisdiction of Kitsap County and contiguous to the City Limits of Bremerton. The site consists of 10.64 acres. The Annexation Area does not include any private property. Notices pertaining to this annexation were sent to local property owners and posted which included maps clearly delineating the Annexation Area. The school site is shown on the City's Comprehensive Plan as "Public/Quasi-public Facilities (Elementary School)" The plan designation is consistent with the present use of the property. Bremerton's new Zoning Ordinance includes a "Parks & Schools (PS) TAPE #621 TAPE #620 City Council Reg. Mtg. Minutes March 22, 1989 Page 9 of 12 Zoning District that was designed specifically for active public schools and parks. The Planning Commission considered zoning options and recommended the PS zone for this site upon annexation. (Resolution #89-4). All major departments of the City have reviewed the proposed annexation and none of the departments felt the annexation would result in any significant impacts on the City or on their departments. Mr. Houah provided a view graph showing surrounding zoning which is mostly single family homes. Bremerton's Comprehensive Plan shows the surrounding area as Residential with 0-7 units per acre, which is a medium density residential designation. The County has some Residential 5 zoning surrounding it and there is a small County business convenience district where a convenience store is located. Mr.Houah noted staff recommended applying the PS (Parks & Schools) ordinance, for first reading. approval zoning of the annexation, and prepared an President Hornin~ asked the "Appearance of Fairness/Conflict Of Interest" question with all Council members being seated. Harold Brooks, 1840 Jackson Drive, read a letter into the record from the Westgate Community Club opposing the proposed annexation. Westgate Club members had not read or received any data that the School Board may have used to form their opinion to annex. And, they noted there had not been a life safety problem at Crown Hill Elementary School in the past 20 years. Edward Savage 3126 Rocky Point Road, past Fire District Commissioner, stated Fire District 19 has held a contract with the City for paramedic services for several years so he could not see how the School Board could justify their saying they desire Bremerton's life support services. He emphasized the fact that they are paying the same rate for life support services as City residents. He stated he was in favor of anything that will benefit the school and anything that benefits the children benefits the neighborhood, however, he questioned whether or not the Fire Department could provide adequate services covering the proposed expanded areas along with what they currently cover. Gerald Johnson, Principal of Crown Hill Elementary School, spoke in favor of the proposed annexation for the following reasons: (1) Police services and Police protection. He noted the majority of students live within the City of Bremerton and in the event there is need of police services it is easier facilitated working directly with the Bremerton Police Department. Currently, he must call the Sheriff's Department for matters relating to police services. (2) - Fire Safety Education - in the past the school has had a good working relationship with the Bremerton Fire Department. Although they are not required to service this school they have included the students and staff at Crown Hill school for fire safety education. Now, Mr. Johnson would like to continue this service as they do an excellent job in bringing this type of safety information which is greatly needed. Mr. Johnson pointed out the school's desire to continue to be a good neighbor to the surrounding area by providing opportunities for senior citizens, adult and youth activities at the school site on a on going basis. Mr. Crutcher emphasized the largest problems in our community is abusive use of drugs and the importance of working with children, #0098 #0115 TAPE #621 City Council Reg. Mtg. Minutes March 22, 1989 Page 10 of 12 at an early age, to learn how to resist the pressures in society. He strongly supports programs benefiting children. Also, he pointed out that the School District requested the annexation. Mr. Waibel stated that in additional to the comments by Mr. Johnson regarding the advantages to the School District, the School District will have only one municipal agency to work with for all of their schools if the proposed annexation is approved. M/S/C/U(Overson/Horton) to approve the annexation of Crown Hill Elementary School site. M/S/C/U(Waibel/Collins) to approve the application of the Parks and Schools (PS) Zoning District as recommended in Planning Commission's Resolution #89-4. #0133 M/S/C/U(Horton/Crutcher) to approve ordinance, on first reading, annexing approximately 10.64 acres located east of Rocky Point Road and west of Bertha Avenue into the City of Bremerton, rezoning said property to Parks and Schools (PS) and fixing the effective date of annexation. 8B- PUBLIC HEARING - ROSS ZONING MAP REVIEW - TO CONSIDER A ZONING REVIEW COMMITTEE'S RECOMMENDATION FOR THE CORRECTION OF AN ERROR ON THE ZONING MAP IN THE VICINITY OF WHEATON WAY AND DIBB STREET, #AB89-071 Upon adoption of the new Zoning Ordinance, the City Council established a "Corrections Of Errors" process to find and correct errors that may have occurred in the text of the Zoning Ordinance or in the application of zoning to specific properties or areas. Mr. Ron Ross suspected that an error may have occurred in the SF- 3 zoning of his Wheaton Way property and applied for a zoning review. The suspected error was reviewed by the Zoning Review Committee on November 29, 1988, and the Committee's recommendation is now being forwarded to the City Council for public hearing. If Council agrees with the recommendation, the error will be corrected. President Hornina asked the "Appearance Of Fairness/Conflict Of Interest" question with all members being seated. Ron Houah, Planning Manager, provided a view graph showing the two adjacent lots owned by the applicant, Ron Ross, having a combined area of 35,040 square feet and located on the east side of Wheaton Way at the intersection of Dibb Street. Both lots have 80 feet of frontage on Wheaton Way and take access directly off Wheaton Way with no other access. The lots are surrounded on the north, east and south by Bremerton School District lands and on the west by Wheaton Way. The subject property is located within an area that has been designated for residential purposes on the Comprehensive Plan. The designation is "Residential, 7-15 Units/Acre" on the west side of Wheaton Way and "Residential, 15-30 Units/Acre on the east side where the lots are located. Schools are typically included in residential areas on the plan. A change in zoning to a "commercial" designation would not be consistent with the Comprehensive Plan at this location. However, a change to a high-density residential zone, such as Multiple-family (MF} would be consistent with the Plan designation. Under the City's previous zoning, the lots were included in a large R-1 zone that also included View Ridge Elementary School and old Bremerton High School sites. There was commercial zoning TAPE #621 City Council Reg. Mtg. Minutes March 22, 1989 Page 11 of 12 (B-l) on the west side of Wheaton Way to the south and B-2 zoning north of the site on Wheaton Way near Sylvan. However, there was no commercial zoning adjacent to the two lots that might have been expanded to include them. Surrounding Land Uses - across Wheaton Way to the west is a single-family home neighborhood that fronts on Dibb Street and other interior residential streets. The applicant's property is on the opposite side of Wheaton Way, is not part of a residential neighborhood, nor is it a part of the public school complex that surrounds it on the north, east and south. Although one of the two lots was a homesite for several decades, its suitability for that type of use (in the opinion of the applicant) has disappeared. When the City's new Zoning Map was first considered by the City Council, both schools and the applicant's property were included in the SF-3 residential zone. Later in the process, the two schools were included in a new PS (Parks & Schools) zone which excluded the applicant's property. These are now the only two lots on the east side of Wheaton Way between the Warren Avenue Bridge and Riddell Road that are zoned SF-3. They are related to the residential neighborhood to the west only through the SF-3 zone and not necessarily because there is any neighborhood relationship. Because of the noise and traffic on Wheaton Way, the applicant feels his two lots are not suitable for new residential development and he is requesting the City to correct the Zoning Map to eliminate what now appears to be a "spot zone". The Zoning Review Committee agreed that single family residential development not be encouraged at this location. And, the two lots should not be tied to the School District's plans for the future and should not put the burden on the applicant to require the School District to absorb his properties into their operation. The Committee also felt the Ross properties were not properly considered when the PS zone was being applied around the three sides of it and it was an error to leave the properties zoned SF-3 at this location. The Zoning Review Committee recommends that the City Council correct this error by amending the Zoning Map to include these two lots in the General Business (GB) zoning district. Kathleen McCluskey, City Clerk, read into the record letters from C. W. Wareham, 1111 Dibb Street; Bettie Hopkins, 1115 Dibb Street; Mrs. C. L. Brownhill, 1109 Dibb Street, stating their opposition to the proposed annexation. The following reasons were stated: (1) Property is surrounded on three sides by elementary school; (2) would be too distracting to children to have a business operating in the middle of their school, traffic already too heavy on wheaton - do not need to add traffic with more business; (3) encroaching on the last residential area along Wheaton Way; (4) businesses too close to residences - if rezoned then residential property abutting businesses should be considered for rezone due to increase noise/traffic and difficulty to resale property for continued use as residential; (5) property not on City sewer system. Mr. Overson, member of the Review Committee, stated the subject property is in a difficult position from a zoning standpoint. Some consideration was given to the possibility of the School District not wanting to keep the school sites for school use and offering for some type of commercial use. He supported the Committee's recommendation that General Business would be the highest and best use of the subject property. Mr. Waibel stated the request is not a rezone and if it were a rezone then conditions could be attached to the change. He TAPE #621 City Council Reg. Mtg. Minutes March 22, 1989 Page 12 of 12 questioned if the Council had any opportunity to attach conditions through the errors and corrections process to eleviate the affect of this correction of error? Mr. HouGh stated no, the applicant did not apply for a rezone - he applied for a review of his zoning to see if an error was made at the time the new Zoning Ordinance and Map were adopted. Mr. Collins noted that the Wheaton Way strip got started by spot zoning and this particular piece of property continues to exist as a "spot" zone. He cautioned Council to give serious consideration to any future "spot zoning" along long corridors. Mr. Colvin expressed concern for the neighbors living in the residential area and felt there should be some language included that would protect the neighbors from any adverse conditions which may occur as a result of the errors and corrections process. Mr. Colvin questioned if the area north of the two lots was business also? Don Pratt, Director of Community Development, stated not all - there are parks and school property that comes out front along Wheaton Way before becoming General Business. Mrs Horton emphasized that the discussion appears to support that there was an error made and the focus should now be made to determine what the proper zoning should be. If and when the property is developed will be the time to discuss impacts and application of conditions. Mr. Waibel pointed out if anyone in a residential area feels that they would be more appropriate zoned as business/commercial then they have the opportunity to have the issue discussed by the Zoning Review Committee. Mr. Overson stated this concern could be discussed at the next Zoning Review Committee meeting which is scheduled for March 28. #0774 M/S/C/U(Horton/Crutcher) to approve the correction to the Zoning Map as recommended by the Zoning Review Committee. If approved, the two lots would be changed from Single-Family (SF-3) to General Business (GB). With no further business meeting adjourned at 7:40 p.m. EEN L. MCCLUSKEY, CI LERK APPROVED ENCER uncil President KLM/S/me cc: Normal Distribution File/Vault