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HomeMy WebLinkAbout10/05/88TAPE #580 UNAPPROVED DRAFT OCT 19 1988 026 CITY COUNCIL MEETING MINUTES OCTOBER 5, 1988 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4Th Street, BremerEon, Washington, Wednesday, October 5, 1988 at 5:30 p.m., with Council President Hank Waibel presiding. Council members present were Lon Overson, Shirley Marty Crutcher, Lynn Horton, Spencer Horning, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and City Clerk Kathieen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Hank Waibel and Invocation was given by Reverend David Parker of Sylvan Way Baptist Church. CONSENT AGENDA A. Minutes of Meeting Held Sep±embeF 21, 1988, #AB88-233 M/S/C/U(Crutcher/Dawkins) to approve Consent Agenda as presenned. B -BID AWARD RECOMMENDATION - 5TH STREET LIBRARY, #AB88-234 Calls for bids were prepared, advertised, distributed and received in accordance with accepted Call for Bids procedures to re-roof the Fifth Street Library. One bid was received and recorded as follows: Field's Roofing Service $25,349.17 Kathleen McCluskey, City Clerk, stated bids were sent out to five contractors with only one firm submitting a bid. Mr. Horninu stated he was concerned that a near flat pitched roof with approximately a 1/12 pitch does drain on the sides - a roof this old may very well be rotted underneath. He had contacted the contract bidder and questioned him on this possibility and the contractor noted he had no reason to believe, after a couple of basic tests, that there was anything major underneath that would cost the City a large dollar figures to repair. Mr. Horning stated he would be supportive in accepting the bid price. However, he questioned what would be the procedure on extras if the drains needed repair or other repairs became evident once the roof was removed? Ms. McCluskey stated she did not know what the specs outlined and she said she will check to see if there are limitations to control any extra work. Mr. Horninq, noted that any extra work that is discovered after the roof is opened up must be inspected by the City's inspector. Mr. Johnson repairs can Engineer. recommended additional be made if discovered funding be included so that and recommended by the City 104 M/S/C/U{Horning/Crutcher) approve the bid award recommendatlon and to authorize staff to spend up to an additional 15% of nhe cost based on the dlscretion of the City Engineer ~o fix any problems found after the roof is opened up. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by Ene 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. ~254 M/S/C/U(Colvin/Horton) on Octoner 5, 1988, the Council does TAPE ~580 City Council Reg. Mtg. Minutes October 5, 1988 Page 2 of 8 approve for payment those vouchers included and further described as follows: 38929, 38930, 38931, 38938 through 39040, and 39046 in the total amount of $14i,868.4i and Retirees Payroll in the Eotai amount of $48,987.26. COUNCIL MEMBER REPORTS"' A1 Colvin reported that he had received replies from Congressman Norm Dicks, Representative Doug Sayan, Representative Paul Zeliinsky, Senator Brad Owen and Senator George Fleming regarding the Sremerton Garden issue. Mr. Dawkins apologized for missing the last meeting, particularly the first reading of the new Zoning Ordinance. However, on that same day he and others met with the Legislative Committees on Transportation to see the allotment of the two ferries. Mr. Dawkins also had the opportunity to visit Secretary Munro's office and talked with the Secretary's assistant regarding the Bremerton Gardens issue. Mr. Overson reported he saw the CATV Channel being another event and he was pleased to see it being used. used for Mr. Crutcher reported he had been dealing with neighborhoods and parking...businesses in the neighborhood and availability of adequate parking to support that business without impacting neighborhood parking. Mrs. Horton had the opportunity to tour the Wastewater Treatment facility during the open house and found it to be well worth her time. She stated she was surprised at the lack of odor and found the process to be very interesting. She reported recently she read an article which described how sludge is being turned in to low grade oil...maybe someday the City can turn sludge into oil. Mr. Hornin~ reported he artended the P.S.C.G. Sub-Regional meeting where they discussed budget issues. He announced that Kitsap Paratransit is known nation-wide and currently providing 25,000 rides per month. He noted we should be very proud of it and support it...Kitsap County can do a lot of things well. Mr. Waibel reported he also attended P.S.C.G. Sub-Regional meeting and announced Kitsap County Board of Health's "hazardous household waste pick up" was a huge success. He also noted that a working luncheon is planned by CenCom for October 11 at 12:00...all members of the City Council are invited. PUBLIC RECOGNITION Jim Wooten, 6502 Harlan Drive, announced the llth Annual Dartathon (Darts For Kids) will be held October 7,8,9 at Sportsworld Lanes in Federal Way Washington. He briefly outlined the organization withln Kitsap County, their involvement in helping to raise funds for the Chiidrens Hospital. He also announced the 1988 Washington State Open to be held on November 25, 26, 27 at the Quality inn in Bremerton, bringing in approximately 1,000 people to participate in this event. 6A - ORDINANCE #4172 (SECOND READING) ADOPTING THE ZONING ORDINANCE TEXT AND MAP AND REPEALING THE PRESENT ZONING ORDINANCE #1792 AND ALL AMENDMENTS THERETO, #AB88-231 Ron Hough, Planning Department, stated part of the Ordinance refers to documents.. Exhibit A (Zoning Ordinance with all corrections) and Exhibit B (set of Zoning Atlas with all changes made according to the colored map), which he submitted for Councii's information. During the 2irst reading of the ordinance two changes were dlrected: (1) include the Library on Slyvan Way in the PS Zone as well as a piece c~ Library land across The sZreeE from the Library on E. 33rd Street and added the term TAPE #580 City Council Reg. Mtg. Minutes October 5, 1988 Page 3 of 8 "Library" to the list of uses in the PS Zone as described in the text of the Zoning Ordinance; (2) Mr. Ross's property behlnd the East Towne Shopping Center - staff report provided to Council previously reflected review of 5 parcels zoned by Mr. Ross totally 19.6 acres, all of which are vacant with an assessed value of the property at 2.1 million dollars. Currently the property is split zoned, 2 1/2 parcels are included in the 90 District and 2 1/2 parcels in Shopping Center District, however the property does not relate very well to shopping cen~er designation. The comprehensive Plan shows this area between Commercial and Industrial Business Park. Both of those designations would apply to just about any commercial zone. Mr. 'HouGh briefly outlined the steps taken by Mr. Ross to have the property annexed and zoned B-3. Mr. HouGh stated the zoning on the Comprehensive Plan added some Professional Office as a buffer buE they now feel that was in error as a buffer is generally applied between residential and commercial and in this case it does not make a lot of sense. The staff recommendation is to remove the Professional Office designation and add the General Business Zone in place of it and adjust the zoning line Detween the General Business and Shopping Center including the properties on which the shopping center is located. Also to remove a small piece of SF-3 that was attached to the western portion of Lot 026 - staff feels this was done in error and needed to be corrected at this time. Mr. HouGh stated the above stated changes have been made tentatively and noted on the Zoning Map accordingly. President Waibel stated for clarification that the Council's motion from last week was to approve, on first reading, the recommendations made by staff at this time. Sue Maten, owner of Learning Tree Day Care, 1312 S. Keyport Rd. N.E., Poulsbo, spoke in opposition to the PS designation given to the Library land. She believed that day care facilities belonged near libraries and schools and/or outright allowed on school properties. She urged the City Council to table this portion of the proposed Zoning Ordinance until further study can be made. Delores Doninqer, P.O. Box 762, Bremerton, urged the City Council to postpone the area of Bremerton Gardens until something can be further resolved with the tenants currently residing there. Chuck Schmidt, representing Bremerton Gardens Apartments through Armco Development Stephanus Associates, stated their support of the proposed zoning change for their property in order to carry out their development plans. Mr. Overson stated the day cares issue is a subject that may be best suited for the Errors and Correction process following adoption of the Zoning Ordinance. Relative to Bremerton Gardens there are concerns, however, zoning is the function of the owners consideration and if they prefer to come in for a change then it would be appropriate to do so under the Errors and Corrections process. Mr. Johnson stated he supported Council's previous recommendation regarding location of day care facilities on library properties and wanted to clear up any misunderstandings in the intent - that day care centers on school property or any other public properties was an accessory use in its full legal term and understanding then it would be ok. If not, then someone could come in for a rezone and attempt to change it in order to allow a day care. President Waibel noted that the PS designation was not directly solely to day care faciiities...it relates To any non- accessory use to the main function of those lands is not allowed. 446 TAPE ~580 City Council Rag. Mtg. Minutes October 5, 1988 Page 4 of 8 Mr. Dawkins questioned if a recent meeting of a sub-committee on schools and day care centers where discussion included the possibility of schools going into the day care business or contracting it out - would this have any affect on the proposed ordinance? President Waibel stated it is possible thaz through the errors correction process there may be some need to clarify what is accessory and what is not. M/S/C/U(Coilins/Horning) to pass Ordinance #4172, on second reading, creating Zoning Districts to be applied city-wide in which specific land uses are permitted; prescribing development standards and density controls; prescribing procedures and criteria for the granting of variances, special use permits and other land use actions; including provisions for administration, enforcement and penalties; and repealing ordinance No. 1792. Mr. Johnson requested the Planning Department to provide the Legislative Assistant with a floppy disc containing the entire Zoning Ordinance including all correction so that it can be included on the electronic bulletin board. Mayor Gene Lobe expressed his thanks Planning Commission, planning staff, Council for the many hours put into the of the Zoning Ordinance. and appreciation to the the public and the City formulation and adoption Mr. Collins suggested Council President meet with the Mayor so that suitable thanks is presented to members of the Bremerton Planning Commission, who have devoted-.T'renendous unpaid hoQ~s To this project and'present and past members of the staff. 6B -ORDINANCE #4173 (SECOND READING) ESTABLISHING PROCEDURES FOR ZONING REVIEW AND CORRECTION OF ERRORS FOLLOWING ADOPTION OF THE NEW ZONING ORDINANCE AND ESTABLISHING A ZONING REVIEW COMMITTEE, #AB88-232 Ron Hough,Planning, stated the zoning review committee is comprised of three people who will look at specific zoning issues over the first six months of the new Zoning Ordinance. During the six month period staff expects to bring back some corrections to improve the zoning. Mr. Overson questioned how the public will know what the new zoning has changed to - how will they be notified? Mr. Hough stated no formal individual notification will be made, however a press release will be developed notifying the public that a new Zoning Ordinance has been adopted and the Correction and Errors process is in place. He also noted that there may some additional posting around the area. Also, the public was also notified of proposed change through the map that was mailed out previously through the water billing. Mr. Dawkins questioned how would out-of-town owners be notified of the new Zoning Ordinance? Mr. Houqh stated the rezone process will szill in place. M/S/C/U(Horning/Coilins) to pass Ordinance ~4173, on second reading, establishing procedures for zoning review and correction of errors following adoption of the new Zoning Ordinance, and establishing a Zoning Review Committee. 6C - RESOLUTION #2228, REGARDING BREMERTON GARDENS AND TENANT RELOCATION POLICIES, #AB88-235 Bremerton Garden tenants and tenants of housing whose owners have received eligibility for Federal Income Tax Credits for providing housing for low income residents deserve the right to be treated sensitiveiy and sensibly with respect to reiocation in order for the Housing to De brought in conformance wizh the required low- income tenant mix. Carol Dickenson~ Community Services Manager. provided tne TAPE ~580 City Council Reg. Mtg. Minutes October 5, 1988 Page 5 of 8 following information she received from the State Housing Finance Commission regarding Bremerton Gardens: the owner has requested the Finance Commission to consider certain revisions to his application for tax credits in response to concerns of threat of eviction of tenants who live there and are not considered low income. The Finance Commission is considering those revisions and one of several actions that will likely come out of that would be to direct the owner to write a Relocation Plan that he then submits to the City of Bremerton for City approval prior to 'submitting it to the State Housing Finance Commission. The Commission would review the Relocation Plan, review City comments and then determine how to proceed with awarding tax credits for that project. Delores Donin~er, P.O. Box 762, Bremerton, stated the Reiocation Plan is included in the application guidelines. She questioned if there will be any public meetings on the Relocation Plan? Don Pratt, Director of Community Development, stated the City has not received the wording that the property owner and Housing Finance Commission have signed. It is his understanding that it is probably an administrative determination in approving their Relocation Plan. Mr. Pratt noted he had not discussed with the Mayor how he would want to handle this item, however, options could include holding a public meeting or possibly bringing it before the City Council. Ms.' Donin~er stated that the on- premise manager had been moved off and saw that as a real problem with security. She hoped that something could be negotiated with the new owner to keep an on-premise manager. Blake Harrison, thanked the City Council to their time in dealing with this issue and urged the City Council to adopt the Resolution. He felt that the new owners did not do business in good faith...that he knew for a period of time that his plan would involve only low income residents yet he allowed others, like himself, to move in and then have to relocate after a short period of time. Dan Branstrom, 1003 Parkside Dr. ~105, stated he was a Bremerton Gardens resident for two months and no hint was given of any type of change when he moved in. He had not thought to ask if there were proposed changes, however, he did ask if there would be an increase in rent in the near future. At that time management assured them there was no proposed increase at present. He stated he did not intend to move until he was forced to move. He felt that liberal government policies weFe bringing about an adverse affect on the public, that the new owners did business in bad faith and advertised that the renovation was a moderate income level when in fact it is for only low income. He endorsed Council adopting the proposed resolution. Ann Perry, 1006 Parkside Drive ~212, stated her concern that people currently living in Bremerton Gardens are having to move out Decause of their income level. She did not support the fact that the manager was moved off the premises and feels tna~ problems with thefts and drugs will increase due to lack of security. Chuck Schmidt, 1014 Par~side Dr., representing Armco Development Stephanus Associates, stated the Assistant Manager is still on site with telephones set up to be answered by him or directed to Mr. Schmidt's number. Also, a new maintenance personnel has been hired who will be moving onto the property next week. As far as the re!ocation Mr. Schmidt feels Mr. Stephanus will cooperate in any way he can. As of this date over 50 people have moved who do not quality for The low income program - 89 are qualified with more papers coming in every day - and are only looking at approximately 40 more families for relocaEion. As far as the -PE #581 TAPE #580 City Council keg. Mtg. Minutes October 5, 1988 Page 6 of 8 renovation - it needs renovation... their architects have estimated 1.5 million dollars will be needed to complete the renovation, including siding on buildings, new roofs, insulation, new windows, porches, parking, etc. Mr. Schmidt spoke to electric bills as high as $300.00 per month during the winter months for the tenants due to poor insulations and poor windows. Mr. Schmidt noted that the manger moved off site due to threats and car vandaiization. Don Osterber~, 4042 Mt. View Drive, stated his electric bills were never as high as $300.00, he did agree that better insulation was needed. He felt that the people paying the rent were paying enough to make a profit for the owners but he did not feel it was right that he would be paying taxes after being evicted so the owners can have a place where they will make a lot of money. Ann Perry, 1006 Parkside Drive #212, stated the managers did tell her that blown insulation would be put in between the walls, storm windows, porches on the upstairs apartments on the lower level (1-bedroom) and parking. She stated parking is a problem and had become more so in the last few months. She also stated she only paid $81.00 for electricity for two of the coldest months of last year. Blake Harrison questioned why the owner of Bremerton Gardens had not taken the time to come to the City Council to respond to the concerns of the tenants. Also, he felt that those who are displaced should receive some kind of compensation. He directed a question to the Planning Commission...does Bremerton need more low income housing and is there a land use plan indicating what low income housing is available now? Frank E~an, 2602 East 23rd Street, stated each citizen is entitled to "quality of life and expressed concern for those citizens who have been and will be displaced if the proposed plan is carried out. Chuck Schmidt, Bremerton Gardens, stated he believed in quality housing and Bremerton Gardens complex needs improving. He stated no one is going to have subsidized rent...everyone is paying their own way. This is a moderate to low income program that is now being instituted all over the United States. He stated that Kitsap County has a median income for family of four - $32,600- the Federal Government takes a percentage of that figure and comes up with the guideline, so that is how the $13,700 to $21,000 low to moderate income level comes into action. He stated it was unfortunate that Bremerton Gardens was a project already occupied. Delores Donin~er, P.O. Box 762, negotiations with Mr. Stephanus try fron~ with ~he tenants. urged the City in their to convince him to be up Mr. Johnson expressed concern as to what role the City will be taking - the main part is having some empathy towards both sides, that people are being treated fairly and the State and Federal government are properly implementing ~he laws as they affect the City. President Waibel questioned does the City know what Bremerton's part is in this? Ms. Dickenson stated at this point in time the role cf the City of Bremerton is to receive a Reiocation Plan from Mr. Stefanus, owner of Bremerton Gardens. This plan has to be reviewed and approved by the City prior to its being submitted to Ehe State Housing Finance Commission. Mr. Stefanus's credits are on hold until the City's approves the Relocation Plan. Mr. TAPE ~581 City Council Reg. Mtg. Minutes October 5, 1988 Page 7 of 8 Johnson noted that the action described by Ms. Dickenson-should have been followed earlier, Put thanks to the concerned tenants it will now be done properly. Frank E~an, 2602 E. 23rd Street, noted that the City Council can do something for the tenants, they can approve or disapprove the plan. Mr. Johnson stated it was an administrative approval and may not come before the legislative body. Mr. Pratt stated at this time it was not clear who would issue the approval/disapproval, however, it appears that it is an administrative approval implying that it either lies with Director of Community Development, Mayor or Bremerton Housing Authority. He stated he would not approve a plan that he and the Mayor had not agreed upon and expect the Mayor would not approve a plan that the leadership in the City was strong enough that a plan will not be approved that has not been discussed publicly. This may mean that a public hearing would be held before the City Council to receive input from the community as to what the plan should be. Mayor Gene Lobe received from Stephanus. emphasized he would citizens while he is remember the many calls in negotiations with Mr. President Waibel stated for clarification the intent of the Resolution was to bring forth some type of relocation policy or criteria out of the State. It was discovered subsequent to preparation of the Resolution that a Relocation Plan is required. He stated the Resolution, as presented, appears to have been addressed by the State already. Elizabeth Buell, 1722 High Avenue, stated Seattle credit rating firms do not know about Bremerton people and many are given negative reports from those agencies. Blake Harrison expressed his thanks to the City Council for their taking the time to hear the concerns of the people and whatever the City decides he believes it will be in the best interest of the City. Mr. Collins requested that his Resolution be withdrawn. Mr. Colvin stated his concern as a Council member as well as a citizen over the treatment of the tenants. He stated that he had talked with Norm Dicks' office and they assured him the housing program was not a subsidy from the Federal government. Ms. Dickenson stated yes, the low income housing tax credits are an instrument out of the Tax Act, not a HUD program. Mr. Colvin noted that nothing had been stated that a survey had been taken to justify the need for additional low income housing. Ms. Dickenson stated when Mr. Stephanus put together his application Re did not survey the tenants to determine income before submlttai. Mr. Colvin expressed concern that in a sense it is the tenants own money that is causing their eviction. President Waibel requested the Planning Department and the Mayor to keep t~e City Council well informed on the progress and if there is any point where City Council can facilitate the process it will be placed back on the Council Agenda. With no further business meeting adjourned at 7:35 p.m. TAPE #581 City Council Reg. Mtg. Minutes October 5, 1988 Page 8 of 8 KATHLEEN L. MCCLUSKEY, CITY CLERK APPROVED HANK WAIBEL, Council President City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault