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HomeMy WebLinkAbout04/19/89TAPE #628 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES APRIL 19, 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, April 19, 1989, at 5:30 p.m., with Council President Spencer Horning presiding. Council members present were Long Overson, Shirley Marty Crutcher, Lynn Horton, Hank Waibel, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilman C.R. "Tiny" Collins was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting was opened with the Pledge Of Allegiance led by Council President Horning and Invocation was given by Councilman A1 Colvin. President HorninG announced an item had been added to the Agenda - ITEM 7G "Resolution #2244, setting a hearing date for Vacation of portions of Bruen Avenue, Auto Center Way and 6th Street, adjacent to Westpark". CONSENT AGENDA A. Bid Award Recommendation - Crawler Tractor W/Bulldozer Attachment, #AB89-098 B. Bid Award Recommendation - Two Trim Mowers, #AB89-099 C. Bid Award Recommendation - Greens Mower, #AB89-100 #0046 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. #0059 M/S/C/U(Colvin/Waibel) on April 19, 1989, the Council does approve for payment those vouchers included and further described as follows: 42777 through 42929 in the total amount of $118,844.40. COUNCIL MEMBER REPORTS Mr. Overson reported he had an excellent time at the recent Council of City Councils meeting held April 18. Mrs. Horton noted the major topic discussed at the Council of City Council's meeting was "recycling" and what the cities could do to promote recycling and as a response to the pending Bill before the Washington State Legislature that will make recycling, if passed, mandatory. Mr. Johnson reported a Bald Eagle has nested in one of the City's parks with a family on the way. Good news is that Kitsap Lake is being used by water skiers and they appreciate the new boat ramp but the bad news is that there is a raw sewage collection at the NE edge of the lake. Mr. Duffy, Utilities Director, has been notified and looking into the matter. Mr. Johnson cautioned those water skiing on the lake to stay away from this possibly polluted area. Mr. Colvin stated he was happy to report the Spring Clean Up Campaign is well under way and he commended Stan Williams, Jim McKinna, Bob Allen, Rex Garland and Don Bario and Larry Johnson, members of the Bremerton Central Lions Club Softball Team, for their efforts in picking up litter on Lions Field. ALso, he heard a radio commentator state that the Wall Street Journal carried an article which discouraged businesses relocating to Washington State. He expressed concern over this item and would be looking TAPE #628 City Council Rag. Mtg. Minutes April 19, 1989 Page 2 of 16 into it further. He also attended the Council of City councils meeting, finding it very rewarding; and today he talked with some of the Kitsap County Commissioners who have shown an interest in meeting with Kitsap County Council members as a whole. Mr. Colvin pointed out the caterpillars are back and hoped the City would address this issue. Lastly, Mr. Colvin invited everyone to attend the Sheridan Neighborhood meeting on April 20, where Kathleen McCluskey, Director Of Administrative Services, will be the guest speaker. Mr. Horning noted the City does have an Ordinance addressing the caterpillars issue, however, the Operations Committee has indicated they may be recommending some changes to that Ordinance. He also attended the Council of City Councils meeting and felt the interaction was very good. Earlier this week he had the opportunity to meet Ellen Newberg, the new Library Director and he noted there is much more to Library services than just books. Also, Mr. Horning attended a Block Watch Neighborhood meeting - this is something he would like to see City-wide which would produce a "Block Watch City" where people lookout for neighbors, care about one another with proper phone trees and interaction with the Police Department and 911. Police Chief Del McNeal and Crime Prevention Officer Johnson presented the Block Watch program and he commended them for adding their excitement and expertise to this program. PROCLAMATIONS Kathleen McCluskey, City Clerk, read a Proclamation whereby Mayor Gene Lobe proclaimed the week of April 22-30 as "BLACK PIONEERS WEEK", to commemorate the significant achievements of Blacks with special attention to Black businesses throughout the State of Washington. Theresa McDermott received the Proclamation and invited everyone to attend the Black Pioneer Week exhibit and program being presented at the Bon Marche during this time. Kathleen McCluskey, City Clerk, read a Proclamation whereby Mayor Gene Lobe proclaimed the Week of May 1 - 7, 1989 as "PUBLIC SERVICE RECOGNITION WEEK", honoring public employees and volunteers who have made a great contribution to this society in areas such as health care, education, crime prevention, fire protection, conservation of energy and other resources, as well as national defense. PUBLIC RECOGNITION Lena Swanson, 2123 Snyder Avenue, objected to the manner in which the Council President handled the public hearing on the proposed Parking Plan on April 5. She felt his rules of procedure for that hearing were unfair and dictatorial. She pointed out comment was made about Parking Committee meetings be held but no one had stated where or when these meetings are being conducted. Lastly, she stated she will work very hard to reduce the size of the City Council from nine members to 5 members, with the Mayor being At Large and part of the Council. Andrew Parypa, 1122 Hayward, pointed out for the public a previous statement made in error by the City Attorney relating to spraying of caterpillars by citizens over a 12 foot level. He suggested that something be done to correct the minds of the people that there is no limit as to how high they can spray their vegetation. Don Atkinson, Bremerton Main Street Association, gave a brief progress report on what has been accomplished since the contract was approved and also stated how Main Street appreciates Council's support. Work has started on the survey of the Central Business District's building survey, in a coordinated effort with City Planning Department and Building Department as well as TAPE #628 City Council Reg. Mtg. Minutes April 19, 1989 Page 3 of 16 marketing student from Olympic College. Initial research on the project will be completed in May. He noted the importance of the survey and future impact it could have on future marketing of the central business district. Mr. Atkinson stated, in response to an article in The Sun on Main Street, Bremerton Main Street is not a one dimensional organization interested in only planting trees in the downtown area. While trees are important, he assured the Council they are working on other projects. Jim Allen, new Main Street President, stated contrary to the news article the primary goal is not limited to "adopt a tree", but because of the timeliness of the planting season that is one of the most visible activities right now. Jim Adrian, Vice President of Bremerton Main Street, briefly expressed his reasons for locating his residence as well as investing in properties near the downtown area. He pointed out Main Street is the only organization whose total focus is the downtown area and their emphasis is helping make improvements which may take a number of years to accomplish. Mr. Adrian provided copies of two magazine articles entitled "On The Waterfront Top Contender For The Downtown" and "New Life For Old Main Street", which showed successful efforts in other areas. Jim Adrian 621 Washington, thanked and commended the Bremerton Fire Department personnel for their assistance in helping pump out water from a rental unit after a water pipe broke and flooded the inside. Lena Swanson, 2123 Snyder Avenue, National Service Officer for Former Prisoners Of War and a Veterans Benefit Specialist with the State of Washington, stated she would not and could not speak officially for the State agency but in regard to the USS Turner Joy being made a memorial to the Vietnam veterans she questioned if the City Council knew the Vietnam veterans have not endorsed this project. She noted Memorials usually do not have anything to detract from them. If the USS Turner Joy would be used exclusively for a Memorial to Vietnam Veterans because it was the first ship to fire off of Vietnam then that is exactly what it should be used for not as a museum or tourist attraction. 6D - REQUEST FOR AUTHORITY TO REDESIGNATE ONE POSITION IN THE POLICE DEPARTMENT The Bremerton Police Department request authorization to redesignate one authorized position from Police Lieutenant to one (1) Police Captain. This change is needed to provide the Department with the organizational structure best suited to its present needs. In the absence of the Chief of Police, either the Administrative Support Supervisor or the Operations Commander should be able to serve as "Acting Chief". One position (Admin. Commander is a Captain, therefore, the Operations Commander should also be the same rate. There will be a further request, at a later date, regarding a possible additional Sergeant's position after we have had the opportunity to discuss this with Mayor Lobe. Police Chief Del McNeal stated this request was discussed at the beginning of the budget process...the desire for two Captain positions, one in charge of each division of the Police Department (Operations/Downtown location and Patrol Division). This request would eliminate any Lieutenant positions from the department organization. President Horning questioned if Fiscal and Budget Committee is recommending approval of the request as presented? Mr. Overson, Committee Chairman, stated yes. Cecil McConnell, 3245 Almira Drive, stated he was opposed to the TAPE #628 City Council Reg. Mtg. Minutes April 19, 1989 Page 4 of 16 request and felt the department would be top heavy with two Captains and no Lieutenants; and there will be drop from Captain down to Sergeant and the next request from the Police Department will be for two Lieutenants under each Captain. Police Chief McNeal briefly reviewed the Police Study, which was completed about two years ago, and recommended having two Captains rather than Lieutenants. Presently there is a Captain in charge of Services and a Lieutenant in charge of Operations and when Chief McNeal first came on the Police Force he was requested to study the personnel structure and to come back to Council with his recommendation - which he is doing at this time. He noted he may come back and request an additional Sergeant position sometime in the future, however, he did not see a need for Lieutenants at this time or in the near future. Mr. McConnell questioned if this would create personnel moral problems due to there not being a promotion process from Sergeant to Lieutenant? Chief McNeal stated he would not look to the outside to bring in outside Captains as he feels we have well qualified people to do those jobs. In past years there was a period of time when the progression was from Sergeants to Captain positions. He did not feel the City would be eliminating the natural growth for the officers. Mr. Johnson stated he did not understand why two Captains would be needed over two Lieutenants? He was concerned that Chief McNeal looked at this as a closed shop and the only way to get to the Captain position was through the BPD. He hoped Bremerton personnel could qualify but should not be exclusive to outside applicants. Mr. Johnson questioned what Civil Service's position on this issue and would it require a RIF procedure for the Lieutenant and how would the new Captain be chosen? Chief McNeal stated there is a procedure for the RIF process and it would have to be followed in the event the current Lieutenant is not promoted to the Captain position. Chief McNeal noted that the outside influence does make the inside personnel more competitive. Mr. Johnson questioned for clarification that there would be no period of time when there would be two Captains and one Lieutenant. Chief McNeal stated no, however, he was not sure what Civil Service would say in this instance. Mr. Waibel questioned how long a Civil Service RIF would take? Chief McNeal stated he was not sure. Caroline Marshall, Director of Personnel, explained the examination process would take a minimum of one month and upon the Civil Service Officers action of compiling a list of eligible candidates the Police Chief could then make the appointment. In the meanwhile, if council took the requested action at this time and changed to two Captains and no Lieutenants, the following could take place: provisionally appoint the Lieutenant to the Captain position until the outcome of the exam (if the appointed person did not test out as the top candidate then the RIF would be enforced). Mrs. Marshall noted the incumbent understands the process as outlined. President Hornin~ questioned if all the action needed (fill Captain position and eliminate Lieutenant position) could be done at once? Mrs. Marshall stated there is not a Captain opening at the moment so it cannot be advertised nor can the City legally fill the position. And, there must be a funded position in the budget prior to its being considered vacant. Mr. Waibel pointed out the request is not primarily a budget issue but it is an organizational issue and the question is whether or not the City Council will approve a staffing change. Lena Swanson, 2123 Snyder, stated she had confidence in Police TAPE #628 City Council Reg. Mtg. Minutes April 19, 1989 Page 5 of 16 Chief McNeal, she supported his request for two Captain positions and felt a "provisional appointment" appropriate. #1863 #2439 M/S/C(Waibel/Dawkins) the City Council directs staff, including Chief McNeal and Caroline Marshall to bring back to Council a plan for implementing organizational structure for the Police Department with two Captain positions and no Lieutenant positions along with recommendations as to the process to be used and budget impact. Vote: In Favor: Opposed: Johnson, Colvin, Dawkins, Horning, Waibel, Horton, Crutcher Overson 6A - REOUEST TO INCREASE AMBULANCE RATES Attached is a request from Olympic Ambulance for an increase in rates effective May 1, 1989. Comparisons to rates in other cities are attached. Kathleen McCluskey, City Clerk, noted Mr. Littlejohn provided comparison costs in other Cities for ambulance services and they have been verified by City staff. Also, the Ordinance requires rate requests be made in December and a letter was received from Mr. Littlejohn indicating he would be bringing a rate increase but was not prepared to so earlier. Mr. Overson stated he did not support the request as presen~d' and he noted they are asking for a basic rate increase of 84, 154 on mileage, night time (most often used) 25~ and night charge 50~, second attendant 204 - he could not find justification for such high increases. And, he did not support the ambulance company giving money to an organization that is duplicating services. Mr. Crutcher related, from personal business experience, the difficulty to continue in business due to high insurance costs which then have to be passed on to the consumer. Mrs. Horton expressed concern that Council was not provided the bottom line of revenue to be received if the increase is approved verses the actual costs of services provided. Bill Littlejohn, owner of Olympic Ambulance Service, stated what is required of him by ordinance is to provide the City Council with rates of other ambulance services - he has complied with that requirement and if additional information is needed he offered to meet with Council members personally to discuss the issue. One point he wished to emphasize was that the prices listed are not what everyone pays. Each month he writes off approximately $10,000 of ambulance charges which cannot be collected in Bremerton. Also, many people on public assistance pay 1/3 to 1/2 costs, if Medicare they collect only 804 of the services. Fire Chief Leonard Marks, Chairman Ambulance Advisory Committee, stated the Ambulance Committee did meet and reviewed and rates and they do reflect a 6-74 increase in basic rates and some other minor adjustments over 1988 rates. That is more or less reflecting the CPI changes in the last year and four months. Chief Marks emphasized that Mr. Littlejohn had complied with the City's requirement by providing competitive rates. And, at the present time he has demonstrated superior levels of service. The Committee recommended approval of the rates with one exception- the charge for Monitor should be $35.00 rather than $25.00 (due to clerical error). M/S/C(Dawkins/Colvin) to approve the increase in rates for Olympic Ambulance effective May 1, 1989, including a correction #2669 TAPE #628 City Council Reg. Mtg. Minutes April 19, 1989 Page 6 of 16 for charge for monitor from $25.00 to $35.00. Vote: In Favor: Opposed: Johnson, Colvin, Dawkins, Horning, Waibel, Horton, Crutcher Overson 6B - PROFESSIONAL SERVICE AGREEMENT COMPREHENSIVE PARK & RECREATION OPEN SPACE PLAN The Bremerton Comprehensive Park and Open Space Plan is an essential document which identifies long range plans for the City park system. The current adopted plan was effective from 1982- 1988. The department staff, park board and designated citizens committee have worked for the past seven months to compile statistics, received citizen input, inventory facilities and analyze needs to complete 50~ of the new 6 year plan. The staff lacks the technical expertise to complete a finalized document. As a result the department needs to enter into a professional service agreement with MacDonald Environmental Planning to complete the final plan. The Comprehensive Plan and Open Space grant application to IAC and needs 1989. Plan is a requirement for to be completed by June of Costs were solicited from like size cities for similar services and MacDonald Environmental Planning was selected based on extensive experience, willingness to stay within a time line, knowledge of the Bremerton area, and conservative fee. Mr. Crutcher questioned if the Council failed to approve this request would the City be ineligible to apply for State and Federal grants? Vickie Vanneman, Assistant Parks Superintendent, stated yes. Mr. Waibel questioned wording in the contract which allows the scope of the contract to be changed at will by staff and would this be in violation with City and State procurement practices and if so he suggested limiting any changes to $10,000. Ian Sievers, City Attorney, stated this is quite common in some consultant agreements. Mr. Johnson pointed out reference to "Exhibit A" in the contract, however, Exhibit A was not included in Council packet documents. Ms. Vanneman stated if the City needs the consultant to assist in tieing up some other loose ends with the inventorying process, if staff has left anything out the consultant is willing to assist in areas of need. If City staff feels there are things listed in the consultant"s task list that they can handle at a cost savings to the City, that is negotiable. Mr. Johnson stated he was not comfortable with that position by staff. Also, he expressed concern that the Park's Commission appears to have been lost from the process for the Parks Comprehensive Plan. Ms. Vanneman noted two Parks Commission members have been on the committee, which also included staff from the Parks Department and Community Development and they have a had a great deal to do with the process over the last seven months. The Board will be apprised of the progress during their monthly meetings. Mr. Johnson stated in his opinion at this point the Parks Commission is being cut out of the process. M/S/C/U(Waibel/Colvin) to approve the contract and authorizing Mayor to sign Professional Services Agreement with MacDonald Environmental Planning changing the contract so as to not exceed TAPE #629 TAPE #628 City Council Reg. Mtg. Minutes April 19, 1989 Page 7 of 16 $9,740.00 plus 104 and under SCOPE, second paragraph to read as follows: "Consultant shall submit a final written report to the City Council after Parks Board approval describing the services rendered with a breakdown for work completed as authorized under this Agreement" 6C - BUDGET ADJUSTMENT FOR IMPLEMENTATION OF THE PARKING PLAN At the meeting on April 5, 1989, City council approved the following elements of the proposed Interim parking Plan: - Setting of Parking Rates - Setting of parking Violation Penalties - Establishment of a Parking Advisory Board - Prohibition of Parking on Planting Strips - Designation of One-Way Streets - Retail/Business Parking Areas Additionally, staff was requested to work with the Parking Advisory Board to develop a test program for the commuter permit system in a residential neighborhood. Implementation of the approved Parking Plan cannot be accomplished with the resources presently available. Successful implementation of the free retail parking areas is dependent on implementation of a computerized enforcement system. Additional expenditures for services and supplies will be required for meter reconfiguration signing and other related costs of implementing the approved plan. Finally, establishment of a parking management position is needed to administer the acquisition and installation of a computerized enforcement system, to supervise the enforcement staff, to develop and monitor the rates and penalties and to coordinate the City's overall parking plan with citizens, other City departments, and other governmental agencies. it is particularly critical to maintain the on-going staff work with the State Department of Transportation, PSNS and Olympic College. Kathleen McCluskey, City Clerk, stated for clarification what needs to be understood is that some of the elements in the parking plan approved by Council can be done with existing staff - reconfigure meters and raise enforcement penalties. However, the parking problem in Bremerton has not been dealt with by what was passed by Council on April 5. In order to deal with the larger issues such as dealing with DOT, working with Olympic College and PSNS, plus lots of activities Council may or may not want to pursue, current staffing does not have the time to dedicate to these needs. Therefore, if Council desires to pursue on going activities to address parking problems in Bremerton then the additional resources being requested are needed to carry on. If the City Council does not want to pursue the larger issues then they should give staff direction and that direction would be by not approving the requested resources. Ms. McCluskey pointed out the budget adjustment document includes items that need to be done any way...meter reconfiguration, supplies, as well as the Parking Manager. Along with the Budget Adjustment was a functional outline of responsibilities to be undertaken by the Parking Manager. Rich Hanna, City Treasurer, stated that through efforts by Christa Little in developing the Parking Plan interest has risen from Olympic College, State DOT as well as employees and administration of PSNS to work toward resolution of parking concerns. Some very significant opportunity may be available to the City to solve some of the long range or deal with big issues dealing with downtown parking. Addressing these issues is not available through existing staff and to accomplish the TAPE #629 City Council Reg. Mtg. Minutes April 19, 1989 Page 8 of 16 interaction between agencies additional staffing. and private sector will require Clarence Land, 145 S. Lafayette, stated his opposition to the City's hiring a Parking Manager and/or bringing a request back to the City Council when on April 5 the Council adopted segments of the Parking Plan which specifically excluded the Parking Manager position. He questioned why did we need to hire a Parking Manager to manage a parking program which is essentially the same as before and why does the City need computers to monitor a parking system that has been working for years without computers? Lena Swanson, 2123 Snyder Avenue, stated her opposition to the hiring of a Parking Manager and was offended this issue was being brought before Council after the public stood up and stated they were against it on April 5. She suggested having the meter readers work from 3:00 PM to 11:00 PM which would bring in additional revenue to pay for any overhead. Cecil McConnell, President of BACON, stated it appears that the City does not have a complete plan developed and suggested to wait before hiring a Parking Manager until a final plan is developed. Andrew Pary~a, 1122 Hayward, spoke of the parking problem being a City-wide problem, not a westside or eastside issue. He did not feel at this time a Parking Manager was needed but that the Chief Of Police is competent to manage the parking regulators. He noted the Engineering and Community Development staffs are competent to provide support for the elements that can be implemented. Mr. Pary~a restated Councilman Collin's comments on the Budget Adjustment request "he does not concur the expenditure of these funds were directed for meter rate changes- not for personnel, equipment or supplies" Del Knauss, 139 Olympic Avenue, stated his opposition to a Parking Manager position. He suggested that the City look at the Louis Mentor Parking Plan before any final decision is made. Also, he suggested going out and talking with each citizen who live on a block before something is done so that they can have a say as to what will happen where they live. He emphasized that if one commuter parking spot ends up on Olympic Avenue the City will have a lawsuit. Wayne Estes, Parking Committee member, stated he felt there is not a Parking Plan but a good start has been made on one and he invited anyone interested to attend the Parking Committee meetings - the next being May 2, 1989, 6:00 p.m., in the Council Conference Room. He noted the Committee will be forwarding new proposals for small parking lots where they are going to be more efficient and if approved could solve a lot of the problems. When the private sector becomes involved it will take the liability off the City. Veronica Ochelik, 1247 9th Street, stated she was resentful that this issue came back in two weeks after being excluded from the elements Council approved on April 5. She noted she does not mind the commuters parking in the residential area if they use care. Hank Clark, member of Parking Committee, complimented Mrs. Horton's leadership of the Committee and invited anyone interested to participate in the Parking Committee. He noted the parking problems faced have been there for 25 years and in his opinion they have not been addressed sooner due to a "do nothing attitude" by past City officials. TAPE #629 City Council Reg. Mtg. Minutes April 19, 1989 Page 9 of 16 Earl Nelson,313 Olympic, stated he was from Council District #7 and his Councilman, Tiny collins, was absent from this meeting due to being sent to Norfolk, Virginia, on Puget Sound Naval Shipyard business. Lena Swanson, 2123 Snyder, stated she took exception to Mr. Nelson's comment relating to past City Officials being a "do nothing" governmental body. She questioned when and where does the Parking Committee meet. She also feels the plan as proposed is ill prepared and that current City staffing levels can administer the elements of the plan adopted. Clarence Land, questioned if the Parking Committee participated in development of the Parking Plan presented on April 5 or in the proposal to hire a Parking Manager and the purchase of equipment? Andrew Parypa, 1122 Hayward, pointed out he was not against a Parking Plan but he also desired to have it solidified...is it going to be what staff proposed and the Committee worked on or will it be 2-hour time limits. He noted maybe in the interim the new Police Captain that will be soon approved could energize the Parking Enforcement Officers and then, if needed, implement the Parking Plan. Mr. Parypa also complimented Mrs. Horton for doing a good job chairing the Parking Committee. Bob Baker questioned Ms. Little's $90,000 revenue projection for the first year - he counted the houses in the area affected and estimated every house would have to pay $40.00 in order to come up with the $90,000. And, he questioned if residents are all going to have free parking, how will the City come up with the funding? Wayne Estes stated the Parking Committee is not a rubber stamp organization. He again invited anyone interest to attend the Committee meeting - as well as encouraged other Council members to also attend. President Hornin~ stated during the time he has been acting as Mayor Pro Tem while the Mayor has been out-of-town he is convinced that the City is not over staffed. Ms. Little's leaving has left a gaping hole at a time when Citizen input has stated they want the City to talk with DOT to try and do something about the ferry parking, to work with Olympic College to attempt to solve their parking problem, work with PSNS to attempt to solve their parking problem. There isn't anyone on staff available to give that kind of time and effort to accomplish this direction. He would have preferred a staff person being added who could carry out the parking concern functions as well as other duties for the City. President Hornin~ noted that the City Council should not be criticized for listening to proposals. Mrs. Horton stated even if any effort to work toward a parking plan in residential areas was eliminated she still supported having some person with parking expertise to help the City in dealings with Washington DOT, with PSNS, with Olympic College and other areas such as Harrison Hospital. The City needs to look at commercial and public parking lots, how they should be managed and what is the City looking for in the future as far as parking. If the parking management position is approved, that person would work with the Parking Committee to help finalize the plan with or without a Residential program. Mr. Crutcher questioned funding noted for the Parking Manager position...$20,000 for the remainder of 1989 and first full year would be $35,000 and second year would be $40,000? Mr. Hanna stated yes that is the way the projection is seen. Mr. Crutcher TAPE #629 City Council Reg. Mtg. Minutes April 19, 1989 Page 10 of 16 expressed concern that this salary could balloon to as much as the Mayor's salary. Another thing missing is a job description listing qualifications required. Mr. Hanna stated what was intended was a functional description of the duties to be job description, an advertisement or description of the position stating salary range, working conditions, etc. He felt the job description was administrative in nature and it was his anticipation that Council's primary concern would be what kinds of responsibilities would be expected. Mr. Crutcher emphasized when hiring a person on a permanent basis and at a salary range as high as being proposed it should not be done with an open contract. Mr. Hanna stated he was proposing that would be done prior to any attempt to fill this position a job description would be developed. Mr. Crutcher further stated he did not support the idea of hiring someone at this high a level to manage parking as proposed and he felt it important that Councilman Collins be present during discussion on the Plan. And, he also pointed out that this item came out of Fiscal and Budget Committee with only one committee member voting in favor and how it was able to come to the City Council with such little support from that committee. Mr. Hanna stated under the rules governing budget adjustments for the City he would have submitted the Agenda Bill regardless of the vote of the Committee. The Committee does not have the authority on a budget adjustment of this magnitude to either grant that request or to deny it...it is passed on to full Council with a recommendation either for or against. So regardless of the action taken by Committee the appropriate forum for this issue is before full Council. Mr. Crutcher stated he disagreed with Mr. Hanna as he has had issues relating to his district go before the Committee which received a no vote and never came before the City Council. Mr. Overson stated for clarification that the issue Mr. Crutcher referred to which had not progressed through Fiscal and Budget Committee to full City Council had been redirected to Council's Operations Committee and Mr. Collins, who was Chairman at the time, should respond to disposition of that issue. Also, Mr. Overson pointed out that it is not realistic to expect issues to be voted on by a full Council every meeting - that even though a Council member is absent the business before the Council must go on and is dealt with in the best interest of the City at that time. He felt that staff had already put in too much emotion into the overall issue. Mr. Waibel stated he felt the Agenda item was totally premature, and the citizens have a right to feel betrayed as the Council did exempt this segment when voted on two weeks ago. The item was presented without a staff organizational chart and did not identify who the proposed person would report to - City Clerk, Chief of Police, etc. Also, he felt a Professional Services AGreement for a temporary position would have been more appropriate to bring to the Council for consideration. Mr. Dawkins questioned if the City council hire a consulting firm on a monthly basis to just look into two areas: (1) work with DOT; (2) work with Olympic College on parking fees. Mr. Hanna stated he was certain that could be done. Mr. Colvin stated his appreciation for the Parking Committee and their dedication given to this issue, however, he did not support an attitude of "do something even if it is wrong" He also concurred with Mr. Crutcher that all measures concerning City funds should come to the Council. He felt that the districts had been disfranchised due to Mr. Collins being absent and the fact that the plan heavily impacts his district. Mr. Johnson stated he felt there was a mixing of different issues #1475 TAPE #629 City Council ReG. Mtg. Minutes April 19, 1989 Page 11 of 16 and he suggested some actions that staff needs to take and direction the Mayor needs to know: (1) Budget Analyst position is vacant and he would support keeping that position filled and would not support eliminating that position to be replaced by a Parking Manager; (2) money in the proposed budget adjust applying to meters and penalties, supplies and equipment should be approved; (3) he did not support hiring a Parking Manager nor a Professional Services Contract for someone in that role but what he would support is someone who knows about parking, ferries, transportation and traffic issues, etc., therefore, what he would support is someone with transportation/planning expertise in the Planning Department. President Hornin~ emphasized that it is critical that the City continue working with Olympic College and PSNS on resolving parking concerns and at the present time there is not staffing available to take on this kind of responsibility - he could not support delaying this proposal as he has a different vision of what the Parking Manger would do for the City. Mr. Johnson stated for a $40,000 someone with a whole different set is just one aspect of it. personnel cost the City needs of credentials where parking M/S/C(Overson/Waibel) that the request for budget adjustment be denied and the whole thing be dropped and if the Committee wants something they will bring it back to the City Council. VOTE: In Favor: Opposed: Colvin, Johnson, Overson, Crutcher, Waibel, Dawkins Horton Abstain: Horning 8A - PUBLIC HEARING - DOCKSIDE ZONING REVIEW - TO CONSIDER A ZONING REVIEW COMMITTEE RECOMMENDATION FOR THE CORRECTION OF A ZONING ERROR INVOLVING THE DOCKSIDE ON KITSAP LAKE SUBDIVISION, #AB89-107 Upon adoption of the new Zoning Ordinance, the City Council established a "Correction Of Errors" process to find and correct errors in the text of the ordinance and in the application of zoning to specific properties or areas. James Barnard, representing the developer of Dockside on Kitsap Lake, requested a review of the zoning of this subdivision to determine whether the SF-2 zoning was applied in error. The SF-2 zoning was reviewed by the Zoning Review Committee on March 28, 1989, and it was determined that an error did occur. The Committee's recommendation for the correction of that error is now being forwarded to the City Council for a public hearing and final decision. President Horning asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron Hough, Planning, stated the subdivision consists of 172 lots and is located on the southeast corner of Kitsap Lake with access by Harlow Drive on the east and water access on the west. This subdivision was planned and designed during the same time the City's Zoning Ordinance was being developed and as such it was designed around the old R-1 zoning district which had a minimum lot size of 4,800 sq. ft.. About the time the subdivision was being approved the new Zoning Ordinance was being adopted and the original look of this area had a couple of large pieces of property and staff recommended that the property be included in the Single-family (SF-2) zone district along with properties to the north. However, at the same time the subdivision was approved and as a result of the Single-family zoning there are #2513 #2553 TAPE #629 City Council Reg. Mtg. Minutes April 19, 1989 Page 12 of 16 75 non-conforming lots. All of those lots are smaller than 9,600 sq. ft., in size which is the minimum lot size of a Single Family (SF-2) zone. This has created a problem for the developer primarily because of the setback requirements of the SF-2 zone. The setback requirements are more extensive because the minimum lot size are larger and larger lots would be expected in the larger zoning district. Using a View Graph Mr. Hough compared typical lot size of the SF-2 zone and the SF-3 zone which noted the front yard setback requirement for SF-2 zone of 25 feet compared to SF-3 zone of 20 ft., the rear yard setback of 25 ft., for the SF-2 zone and 15 ft., for the SF-3 zone; and the size yards are twice as wide for the SF-3 zone. After the setbacks for the two zones are applied the example lot (Lot 1), the SF-2 zone yields a buildable area of 3,000 sq. ft., of about 37.5~ of the total lot area. The developer is requesting a SF-3 zoning which would apply SF-3 zoning setbacks and would result in a developable area of 4,550 sq. ft., or 57~ of the lot area which is a 50~ increase over what is allowable now. The Zoning Review Committee recommends that an error did occur, (which should have been solved when the subdivision was being planned), however, it was overlooked and they thought if the SF-2 zoning were applied over the existing subdivision the subdivision would remain legal because it was designed according to code at the time but would be a non-conformity. At that time it was not realized that the setbacks would be such a problem. The Committee also recommended that some additional lots that are not part of Dockside subdivision be included in the recommended change due to their locations at the southeast and southwest corners of the subdivision. These lots should remain a part of the larger district and not left to become unrelated small islands of SF-2 zoning. Mr. Hough stated the applicant has proposed to amend the Declaration Of Protective Covenants to preclude the reduction of any lot in size without written approval by the Bremerton Planning Director. Grant Osbero, developer of Dockside, stated in addition to the 75 lots identified, many of the lots are on curbed portions of the roads and come under the setback rulings. For example, Lot #77- the whole yard setback curves all around the lot plus 10 yards from the two sides going toward the back which would not even allow a mobile home to be placed on the lot. This is causing problems for builders who desire to start building homes on the lots. Jim Strait, 6530 Harlow Drive, President Kitsap Lake Neighborhood Association, had no objection to the requested correction. Mr. Johnson questioned if the lots along Price Road and Harlow Drive are through lots? Mr. Osbero stated when the subdivision was approved there was a requirement to maintain a 15 foot buffer zone against Harlow Drive and Price Road to be of natural vegetation and all access to the lots is to be through the interior of the subdivision. M/S/C/U(Waibel/Dawkins) to approve the correction of the Zoning Map from SF-2 to SF-3, as recommended by the Zoning Review Committee, for the Dockside On Kitsap Lake Subdivision and specified adjacent lots. M/S/C/U(Waibel/Colvin) to accept the applicant's offer to amend the covenants of the subdivision to help ensure that additional lots, or smaller lots will not be created as a result of the SF-3 TAPE #629 City Council Reg. Mtg. Minutes April 19, 1989 Page 13 of 16 zoning. 8B - PUBLIC HEARING - MAUPIN ZONING REVIEW - TO CONSIDER A ZONING REVIEW COMMITTEE RECOMMENDATION FOR THE CORRECTION OF AN ERROR ON THE ZONING MAP INVOLVING ONE LOT AT 2001 NORTHLAKE WAY, BREMERTON, #AB89-108 Upon adoption of the new Zoning Ordinance, the City Council established a "Correction Of Error's process to find and correct errors in the text of the ordinance and in the application of zoning to specific properties or areas. Willard Maupin suspected an error in the SF-3 zoning of his eight-unit apartment building and requested a zoning review. The suspected error was reviewed by the Zoning Review Committee on March 28, 1989, and the Committee's recommendation is now being forwarded to the City Council for public hearing. If the Council agrees with the Committee's findings and recommendation, the error will be corrected by ordinance. President Horning asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron HouGh, Planning, stated location of the subject property is at the western City Limits just south of Kitsap Way (which is actually Northlake Way), a small lot which has an 8-plex on it. The applicant purchased the 8-plex in 1975 and he has a letter from the City at that time that the zoning was proper for that development. As a result of the recent adoption of the new Zoning Ordinance and Map, his property was included in surrounding Single-family (SF-3) zone which includes the neighborhood all around it to the south and southeast. Apparently one of the criteria for zoning was to avoid spot zones wherever possible and this apparently looked like a spot zone to include this one other property in some other zone other than Single-family. Therefore, it was included in SF-3 and became a non-conformity. Apparently this designation has caused the applicant problems as far as property value, insurance, future mortgage potential of the property, etc., and he would like to have the zoning corrected to something comparable to what it was legally when the building was constructed. The only zoning district that would be applicable would be Mixed Residential (MR) zone which allows a high enough density on a small enough lot to make this property a legal conformity. The Zoning Review Committee was concerned that the Mixed Residential (MR) zone would include a development potential greater than might be appropriate for this site or general area. The MR zone would make the applicant's structure conforming, but would also allow building height to 120 feet and would allow an additional four units on the subject property, provided it could meet all other development requirements. Considering the fact that the existing structure can remain as a legal use indefinitely, it was felt that the City is not obligated to further project the owner's financial interests in the property. However, the Committee did feel that multiple-family zoning in recognition of the existing development would be appropriate if it lessened the nonconformity and did not give the property additional development opportunities. Will Maupin, property owner, stated he requested the zoning to be Mixed Residential and the staff originally recommended that zoning to the Review Committee. However, the Zoning Review Committee voted to not recommend Mixed Residential but to make it Multiple-family. At the time the property was acquired, the Planning Commission provided a letter noting that it was properly zoned for the structure. Now he is in a position where if the recommendation is approved to MF, his financing is difficult to TAPE #630 TAPE #630 City Council Reg. Mtg. Minutes April 19, 1989 Page 14 of 16 obtain because it cannot be rebuilt to 8 units, if it should be damaged by fire up to 754 then it would have to be torn down and rebuilt into something different, possibly a 6-unit apartment, his insurance rate would be very expensive due to his not being able to rebuilt to the original size. Therefore, he requested that it be rezoned Mixed Residential (MR). As far as it being a spot zone, the subject property is more closely related by appearance to the commercial community. Currently there is just enough parking for the 8-units currently there and it would be impossible to build a structure any taller or any larger number of units on the property. Cecil McConnell, member Zoning Review Committee, stated there are two purposes to zoning: (1) to allow the owner of the property the highest and best use he can make of it; (2) to protect the surrounding area and he believes that item #2 is the most important. He stated his support of the interim rezone to MF- that will temporarily protect six of the eight units. Howver, to protect the surrounding neighborhood he urged the City Council to allow the applicant to come back for a rezone to MR with restrictions on the height. While the current owner may not have any intentions to go over what it is there now, if he sold the property there is no guarantee what would happen. A1 Hall, builder of the subject eight-plex in 1975, gave a brief review of the history of the building, including why the Planning Department of the City of Bremerton provided a letter showing that the property was correctly zoned for the project built. GeorGe Allen, 1300 NE Dawn Road, stated he was working in the Building Department at the time Mr. Hall filed for the Building Permit and at that time concessions were made by the Planning Department which were followed by the builder and signed off by the Planning Department. Jim Strait, President Kitsap Lake Neighborhood Association, stated when the units came into the City it was zoned Residential -1, all property was automatically zoned R-1 when annexed into the City. The eight-unit apartment should not be zoned MR as this would allow the a structure being built up to 120 feet in a residential area which would not be compatibly with the adjacent residential area. Will Maupin, property owner, stated the property was previously zoned commercial and if it had been zoned to a comparable zone it would have allow a lot higher density or business to be built at that location. He could request a commercial designation but he did not feel that was reasonable and he thought it perfectly reasonable that he should not have to go through a rezone. The intention was for the zoning to stay the same and he would like it to be Mixed Residential. Karen Maupin, property owner, stated they care a lot about Bremerton and their intentions are not to build a 120 foot high building on that property. At the time of purchase they took all the necessary steps to make sure they were doing everything legal based on the zoning at that time. They wish to resolve the zoning issue but they do not want to the victimized. Mr. Waibel pointed out that this is the second time he mentioned Council did not include in the provisions for error corrections the ability to require conditions as part of the correction of errors. However, as a part of previous hearings such as this, Council did receive an offer of a condition from the applicant. He suggested that this item be tabled for two weeks and during that period of time the Planning Department and owner could TAPE #630 City Council Reg. Mtg. Minutes April 19, 1989 Page 15 of 16 discuss whether or not they might have an offer which would then allow the City Council to approve an MR zone. #0220 Mr. Johnson noted he was concerned about over zoning the area to MR, which would allow up to 12-units and a height of 120 feet and no one is to know what will happen 10 years from now. President Horninc pointed out if the applicant wished to provide some condition which would limit expansion of the current facility on the site Council could consider a broader zoning designation Mr. Overson stated he was unhappy with the guidance the Committee received from staff, who then identified a process which had been previously considered inappropriate or not applicable. He expressed concern that this would also be unsettling to the applicant as well as the Committee. And, he supports the idea of working with the applicant further to see if the correction can be resolved per the applicant's requested MR zone. M/S/C/U(Waibel/Colvin) to table this item for two weeks. #0268 #0335 #0360 6E - TREE PLANTING-1989 CONTRACT COMPLETION CONTRACT #3026 A & B Forestry and Fire Management, Inc., Shelton, has completed reforestation on 186 acres of Utility forest lands. All obligations under the above contract have been completed satisfactorily. M/S/C/U(Dawkins/Colvin) to accept the project as complete and authorize payment to Forestry and Fire Management and return the performance bond in the amount of $836.00 to the contractor. 7A - ORDINANCE #4201 (SECOND READING) TO CORRECT THE CITY'S ZONING MAP AS A RESULT OF THE ROSS ZONING MAP REVIEW M/S/C/U(Waibel/Colvin) pass Ordinance #4201, on second reading, amending the Official Zoning Map of the City of Bremerton to correct an error in the application of the Single-family (SF-3) zoning district to two lots on the east side of Wheaton Way at Dibb Street. (Ross Zoning Review) 7B - ORDINANCE #4~02 (SECOND READING) TO CORRECT THE CITY'S ZONING MAP AS A RESULT OF THE DEAN GEHRING ZONING MAP REVIEW M/S/C/U(Crutcher/Colvin) pass Ordinance #4202, on second reading, amending the Official Zoning Map of the City of Bremerton to correct an error in the application of the General Business (GB) zoning district in the vicinity of Ivy Road and Maple Avenue. (Dean Gehring Zoning Review) 7C - ORDINANCE #4202 (SECOND READING) TO CORRECT THE CITY'S ZONING MAP AS A RESULT OF THE BALODIS ZONING MAP REVIEW M/S/C/U(Waibel/Crutcher) to pass Ordinance #4203, on second reading, amending the Official Zoning Map of the City of Bremerton to correct an error in the application of Single-family (SF-3) zoning district. (Balodis Zoning Review) 7D - ORDINANCE #4204 (SECOND READING) TO CORRECT THE CITY'S ZONING MAP AS A RESULT OF THE PINE ROAD AREA ZONING REVIEW (PORTION OF BAYVIEW BAST APARTMENTS) M/S/C/U(Colvin/Waibel) pass Ordinance #4204, on second reading, amending the Official Zoning Map of the City of Bremerton to correct an error in the application of the Single-family (SF-3) zoning district to properties in a Study Area north of Sheridan Road and east of Pine Road. (Pine Road Area Zoning Review 0 portion of Bayview Eest Apartments) 7E - ORDINANCE #4~05 (SECOND READING) TO CORRECT THE CITY'S ZONING MAP AS A RESULT OF THE PINE ROAD AREA ZONING REVIEW (NE #0384 #0418 #0456 TAPE #630 City Council Reg. Mtg. Minutes April 19, 1989 Page 16 of 16 CORNER OF SHERIDAN & PINE ROAD) M/S/C/U(Waibel/Crutcher) to pass Ordinance #4205, on second reading, amending the official Zoning Map of the City of Bremerton to correct an error in the application of the Single- family (SF-3) zoning district to properties in a Study Area north of Sheridan Road and east of Pine Road. (Pine Road Area Zoning Review) 7F - RESOLUTION #2243, SET DATE FOR STREET VACATION PARKSIDE DRIVE AND MOUNTAIN VIEW DRIVE, APPLICANT: ARMCO REALTY The City Council is being requested to hear an application for the Vacation of Parkside and Mountain View Drives within the Bremerton Gardens Apartment Complex. Title 35 R.C.W., Chapter 35.79 requires "... legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution" M/S/C/U(Waibel/Crutcher) to adopt Resolution #2243 setting the date of May 10, 1989 for public hearing on street Vacation, Parkside Drive and Mountain View Drive, Applicant: Armco Realty 7G - RESOLUTION #2244, SETTING A HEARING DATE FOR VACATION OF PORTIONS OF BRUEN AVENUE, AUTO CENTER WAY AND 6TH STREET ADJACENT TO WESTPARK, #AB89-109 M/S/C/U(Johnson/Colvin) to adopt Resolution #2244, setting a public hearing date of May 10, 1989, on vacation of portions of Bruen Avenue, Auto Center Way and 6th Street adjacent to Westpark. With no further business meeting adjourned at 9.04 p.m. KATHLEEN L. MCCLUSKEY, APPRD~ED NCER H uncil cc: Normal Distribution File/Vault President