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HomeMy WebLinkAbout11/09/88TAPE #588 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES NOV 2 2 1988 NOVEMBER 9, 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, Bremerton, Washington, Wednesday, November 9, 1988 at 5:30 p.m-, with Council President Hank Waibel presiding. Council members present were Lon Overson, Lynn Horton, Shirley Marty Crutcher and Russ johnson, Spencer Horning, Morrie Dawkins and A1 Colvin. Councilman C. R. "Tiny" Collins 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 Hank Waibel and Invocation was given by Reverend Michael Grimshaw of the Church Of The Nazarene. CONSENT AGENDA A. Minutes 6f Meeting held - October 26, 1988, #AB88-262 M/S/C/U(Dawkins/Crutcher) 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. M/S/C/U(Colvin/Horning) on November 9, 1988, the Council does approve for payment those vouchers included and further described as follows: 39565 through 39704 in the total amount of $114,033.20 and Regular Payroll in the amount of $331,896.32. COUNCIL MEMBER REPORTS Mr. Johnson noted the high percentages for voters' favorable response to the proposed Charter changes placed on the Ballot. He felt that it was a good reflection of public's confidence of citizen representation in City government and he thanked everyone who served on the Charter Ad Hoc Review Committee and Council's Summer Interns, Mike Bond and Todd Corelli. Mr. Colvin commended Arvilla Ohlde, Parks Director, on her presentation made to the Bremerton/Central Lions Club, which covered Parks Department programs. Mr. Dawkins reported he artended the Bremerton Symphony program which was the first presentation held at the new High School Performing Arts center. He noted that there was almost a sell out crowd and that having this type of facility in Bremerton will enhance the quality of life in our community. Mr. Overson artended the Symphony program and it reminded him that the City is starting to coming together, putting some cornerstones down along with working on downtown development and the ferry system. Mr. Crutcher artended the NAACP Banquet this past weekend and noted they had a good turn out...everyone had a good time. Mrs. Horton reported she attended a Planning Workshop at Gold Mountain Golf Course and found it to be very informative. One of the topics discussed dealt with access to public beaches and waterfront properties and the importance of erosion control and methods available to help retard their washing away and/or TAPE #588 City Council Reg. Mtg. Minutes November 9, 1988 Page 2 of 13 developing beaches. Mr. Hornina artended the Bremerton Symphony program and noted that the new High School Performing Arts facility is excellent. He congratulated Councilman Johnson and the Citizens Committee on the very favorable response from the voters on the Charter Changes. He noted the percentages of favorable voter response on these Charter changes were the best ever. Mr. Waibel echoed the comments regarding the Bremerton Symphony program which he also artended. PUBLIC RECOGNITION - None President Waibel announced as public information - the City Council Agenda is available to the public through Access Cable Channel 29, may be viewed at the Central and Downtown branch of Kitsap Regional Library, Bremerton Parks Department/Sheridan Park Recreation Center, and copies may be picked up in the lobby of City Hall. Also, he reminded everyone that Friday is a recognized holiday - celebrating Veterans Day and parking meters are free. 6A ' SERVICE AGREEMENT FOR UTILIZATION OF N.A.D. GUARD STATION, #AB88-263 The City of Bremerton shall open a Bremerton Parks Department Outdoor Recreation Information Center located at the NAD Guard Station. Arvilla Ohlde, Parks Director, briefly outlined the options being presented to Council: (1) open up through the Outdoor Recreation Division of the Parks Department an Outdoor Recreation Information Center at the NAD Guard shack. To do this they have looked at a Service Agreement with Boy Scouts Of America - where they will man the facility, keep it up and provide opportunity for City park information to be available for the public. Pat Carev, Sheridan Neighborhood Association, stated he felt the City was fortunate to have the Boy Scouts interested in reconstructing the NAD Guard house. He noted it was a historical building and restoration efforts would be viable through the Scouts. Also, it will provide an education program for the young Scouts. He also noted that Arvilla Ohlde should have a lot of credit in doing the research and work on this proposal. Mr. Johnson expressed concern about wording in the contract where it noted in Paragraph 4: "any proceeds payable to the City shall be used for park and recreation purposes" He stated generally income is deposited in the General Fund and is then redistributed. He questioned what fund would these monies go into? Ms. Ohlde stated they would go into the General Fund like all other deposits for the City. Mr. Johnson stated Council's general policy is not to specify funds go back to the generator. Mr. Johnson questioned if the Risk Manager had reviewed the agreement? Ms. Ohlde stated yes. Mr. Johnson noted that having the Scouts be responsibility for the improvements on the building would not negate them having to go through Planning and Building for proper permitting, etc. Ms. Ohlde stated if in fact there are improvements to the building they would be going through the Building Department. Mr. johnson questioned if the item of utilities was the same agreement the City has with the Girl Scouts? Ms. Ohlde stated the Outdoor Recreation Information Center is a division of the Parks Department and will be under the Outdoor Recreation Specialist. In that, the City needs to have the control and that is why the utilities for this facility will come to the Parks system. This would be a different land utilization, conditions and deed than the City agreement with the TAPE #588 City Council Reg. Mtg. Minutes November 9, 1988 Page 3 of 13 Girl Scouts. The Boy Scouts would be assisting the City in providing outdoor recreation information to the citizens...an extension of the Parks Department Program. President Waibel suggested that Section 5 - Maintenance, Repair and Alterations - be somewhat reworded so that the City is not in a position whereby repayment would have to be made to the Boy Scouts if renovation/improvements could not be completed within six months. Laura Anderson, Assistant City Attorney, stated she was concerned if it was properly written so that it is in compliance with the terms of the City Charter, specifically Section 24, which states as a condition of this action we have to assure or know in fact that funds are available in the City treasury to pay for this. In order to be in compliance with the Charter, she suggested that a limitation of $5,000 for restoration be included in the agreement along with Ms. Ohlde's testimony that her departmental budget contains $5,000 to be available for this cost should it arise. President Waibel noted he was still concerned with the language in the third sentence of Section 5 and questioned who will determine the improvements? Ms. Ohlde reviewed her research into the possibility of restoration of the facility and was quoted a price estimate in May of $50,000 with a two year life span. In working with the Boy Scouts, effort was made to protect the Scouts investment if the agreement came to pass; and, a number of the conditions previously considered have gone away. When the agreement was first drafted it was not known if GSA would approve through the National Parks System. As it stands, the plan of utilization does match what they agreed to. The Building Department was called in and they stated if it was occupied for non-public assembly and the entrance door swung outward they would agree to usage of the facility. Therefore, issuance of occupancy is not as fragile at this point as it was at the beginning. Ms. Ohlde noted that a building permit had been issued for the restoration work, giving their approval of the plans submitted and if, at a later date, they indicated additional improvements would have to be completed, then the Building Department would put themselves in jeopardy as a Building Department. President Waibel questioned who would fund additional improvements if they should be required? Ms. Ohlde stated the Boy Scouts would be fronting the money needed for the restoration but if in fact the City did not give them an occupancy then the Boy Scouts are asking for assurance that they be reimbursed for funds expended. President Waibel strongly suggested striking this provision. Mr. Colvin questioned if the Scouts would be compensated for their 30 man hours per week. 'Ms. Ohlde stated their compensation will be that they will not be charged a rental fee - they are providing the City a service. Ms. Ohlde explained that a calculation was made on entering a 10 year lease and with them making improvements plus the fair market value of what a monthly rental space of similar size would be, it comes out to an equal benefit for them. Mrs. Horton questioned under the "Termination Clause", if the upgraded facility generated a great deal of use and necessitated providing additional park improvements in order for their use, who would be responsible for the cost of such improvements? And, can the City, after 2,3,4 years, put in a termination clause for the operator in the event there needs to be updating done to parking, etc. Ms. Ohlde pointed out that the Guard Shack is only 800 sq. ft., so in that the only thing that can happen there is handing out information. She does not anticipate there will be a large impact, there will be no public meetings held there. On a daily basis she estimated the largest number of cars stopping might average 4. She also pointed out that the Boy Scouts would be making a large commitment and they should be protected in the event occupancy cannot occur; and in the event the Scouts terminate (with a 60 day notice) the City has gained an improved asset. TAPE #588 City Council Reg. Mtg? Minutes November 9, 1988 ~ Page 4 of 13 302 Mr. Dawkins questioned if the 'building will be made handicap accessible? Tom LonG, representative of Boy Scouts Of America and head carpenter, stated he was not sure if the door was sufficiently wide and he would have to look into the possibility. Also, currently there are no steps leading into the building. He noted that the current Boy Scout Headquarters ~ffice is not handicap accessible. Mr. Overson questioned the following issues: (1) lack of any standards of performance of the service to the City; (2) is there a plan showing where directional signs will be placed directing citizens to the facility; (3) is there a parking plan? Ms. Ohlde stated the Outdoor Information Center will be a program under the Outdoor Naturalist of the Parks Department and in that he will be the one who will mandates and establish the procedures to be followed for distribution of information. Mr. Overson pointed out the statement within the agreement which specifically states there are no other agreements...he felt this was extremely limiting in the way it was written. Ms. Ohlde pointed out on the first page of the agreement it states under Section 2, that it will be operated by the Parks Department - they would not be working independent of the department but would be under the jurisdiction of the department. Mr. Overson questioned if any coordination had taken place between the Bremerton/Kitsap County Visitor and Convention Bureau for placement of tourist type information? Ms. Ohlde stated she felt it would be a coordination of all types of information available that relates to outdoor recreation, such 'as Girl Scout programs, Campfire programs, etc. Ms. Anderson suggested that the third sentence under Section 5 read as follow (words deleted will be bracketed): "If a Certificate of Occupancy from the City of Bremerton cannot be issued, [without additional improvements to the structure prior to occupancy of the building, and said additional improvements are not funded and completed] through no fault of the o~erator, within six months of this agreement the cost and materials provided by O~erator to remodel the Guard House shall be reimbursed by the City. The City shall be obligated to DaY no more than $5,000 under this agreement. President Waibel suggested changing one word in Section C, last sentence to read: "The words "Equal Opportunity Employer" in [delete is] advertisements shall constitute compliance with this section" M/S/C/U(Dawkins/Colvin) to approve the Service Agreement with Boy Scouts Of America including the recommended changes (as underlined in the prior text). 6B - INTERLOCAL AGREEMENT TO PURCHASE A PEABODY MYERS VACTOR, #AB88-264 The City Street Department is currently using a Vactor Model 810 mounted on a Ford chassis for maintenance of the City sanitary and storm sewer systems. The existing vehicle has reached its useful life span and is in continual need of repairs. Considering the condition of this vehicle, surplus and replacement of the vehicle is recommended. Approval to enter into an interlocal agreement with the City of Edmonds, Washington and the City of Bremerton for the purchase of a new Peabody Myers Vactor is requested. Cost of the replacement is $124,452. TAPE #588 City Council Reg. Mtg. Minutes November 9, 1988 Page 5 of 13 .788 .899 Ken Brees, Superintendent Of Streets, stated primarily the piece of equipment has reached its useful life for the function it is being used for. The primary use is for emergency sewer needs and the Wastewater Utility contracts for the use of the equipment to provide such services. He noted that it has a history of repeated breakdowns. Roy McGinnis, 2711 Maple Street, complimented Mr. Brees on his carrying out his responsibilities. However, he was not supportive of purchasing a new piece of equipment at this time. He questioned the meaning of "it has reached its useful life span". He questioned the age of the vehicle and the actual cost being $154,952 not $124,452 as previously quoted. He noted that a $30,500 trade-in value was shown on supporting documents. He questioned if other options had been considered such as total overhaul, partial replacement, etc.? Mr. Brees stated the current equipment is a 1980 model and yes, they had looked at retrofitting and the possibility of not trading it in. In fact, not taking a trade-in was desired, however, it was not economically feasible. The option to consider rebuilding the piece of equipment would be very expensive. The best recommendation they had was to get the most money out of the old equipment via a trade-in and take ownership of a piece of equipment that will perform, consistently, for the needed services it provides. Mr. Colvin questioned what would be the impact if purchase was delayed? Mr. Bress explained that the City would probably not get as good trade-in value as that being offered today. Rich Hanna, City Treasurer, requested Council to include in the motion a declaration of surplus for the 1980 model. M/S/C/U(Horning/Colvin) to authorize the Mayor to enter into an interlocal agreement between the City of Bremerton and the City of Edmonds for the purchase of a Peabody Myers Vactor subject to City Administrative Policy and Procedure and declaring the 1980 model as surplus and accepting the trade-in as stated. 6C - CONTRACT FOR RETAINED COUNSEL, #AB88-265 Elizabeth Reeve of Schwabe, Williamson, Wyatt retained in April to litigate a workman's comp. Edi Parker, a former City employee. & Lenihan was claim filed by B.M.C. 2.49.070 requires "all professional services utilized by the City in excess of $5,000.00 in the aggregate for a single year shall be approved by City Council". Assuming this means any retained professional shall not receive more than $5,000.00 from any department in any budget year, Council is asked to approve the amended contract raising payment authorization to $10,000.00. Hearings in this claim have now been completed, but with extensive medical discovery and post-hearing briefing, the $10,000.00 figure is more realistic than the original $5,000.00. Mr. Johnson pointed out for clarification that all Personal Services contracts for $5,000 or more must come before Council for approval independent of any departmental separation. M/S/C/U(Johnson/Horton) to approve amended contract. 6D - EXTENSION AND MODIFICATION OF LEASE AGREEMENT, #AB88-268 Two weeks ago the City entered into a lease with DTS Electronics for the Tower Site on Gold Mr. previously leased by Tribune. Tribune had a sublease-with Seattle Pacific for a small tower and part of one building on the site. Under the terms of the sublease Seattle Pacific paid the City directly. We have asked that the sublease be modified to provide for payment to the Lessee rather than the City. The lessee (soon to be DTS 044 098 177 433 TAPE #588 City Council Reg. Mtg. Minutes November 9, 1988 Page 6 of 13 Electronics) then is responsible for payment to the City. The intent is to have one primary Lessee at the site responsible for all payments to the City as well as leasehold tax. TPC Liquidating Trust, the successor to Tribune Publishing Co., has requested the extension and modification of lease agreement with Seattle Pacific be signed. Upon closing' of the sale (Tribune to DTS Electronics) on November 11th all of the assets of Tribune on Gold Mt. including this sublease will be transferred to DTS Electronics. The sublease with Seattle Pacific actually expired 8/31/87. They sent the required letter requesting extension of the lease, however, the City refused to extend it at that time because there was a dispute over payment of leasehold tax and Tribune indicated they were selling and would modify and extend the sublease at that time. The leasehold tax has now been paid to date, the sale will finally be complete and Seattle Pacific has consented to the modification. Kathleen McCluskev, City Clerk, noted the reason this items was an addition to the Agenda was due to the need to have this modification approved prior to the close of the sale on November 11. M/S/C/U(Horton/Crutcher) to approve extension and modification of lease agreement. 7A - ORDINANCE #4176 (SECOND READING) ORGANIZATION OF PERSONNEL DEPARTMENT, #AB88-256 M/S/C/U(Colvin/Horning) to pass Ordinance #4176, on second reading, governing the Personnel Department. 7B - ORDINANCE #4177 (SECOND READING) ORGANIZATION OF CIVIL SERVICE, #AB88-257 M/S/C/U(Dawkins/Colvin) to pass Ordinance #4177, on second reading, governing the office of Civil Service. 7C - ORDINANCE #4178 (SECOND READING) LEVYING PROPERTY TAXES FOR COLLECTION IN 1989, #AB88-259 Elizabeth Buell, 1722 High Avenue, requested an explanation of the proposed tax levy. Rich Hanna, City Treasurer, briefly outlined the State Statute which authorizes Cities to raise property taxes at a rate of 64 per year. Mrs. Buell stated she strongly objected to the proposed tax increase. Mr. Colpin stated he had previously voted against this ordinance because he supported citizens concerns that proposed increases in fees and taxes needed more public notice then currently receiving. However, at this time he would support the proposed increase because he felt the public had several opportunities to speak to the issue and the City needed funding derived from this source. M/S/C/U(Crutcher, Overson) to pass Ordinance #4178, on second reading, levying Municipal taxes against all the taxable property within the City limits of Bremerton for the year 1988 and approving the assessment roll made by the Assessor of Kitsap County, therefore to be collected in the year 1989. President Waibel announced an Executive Session would be held- commencing at 6:45 p.m., the topic to be discussed was "labor relations" City Council members returned p.m. to the Council Chambers at 7:12 TAPE #588 City Council Reg. Mtg. Minutes November 9, 1988 Page 7 of 13 8A - PUBLIC HEARING - RIGHT-OF-WAY VACATION HEARING MAGNUSON COURT, #AB88-266 At the 8/21/84 Planning Commission meeting Dr. Stanley's ROW Vacation was approved. It was then approved by the City Council at their 10/17/84 meeting. It was appraised at $14,250 and offered to Dr. Stanley at $7,125 as required by State Statute. The purchase price was disputed and Dr. Stanley declined to purchase the property. He has recently reinstated his request to purchase the property. Planning and Engineering have reaffirmed their prior approvals at the same price due to the sewer easement running through the property. President Waibel asked the "Appearance Of Fairness/Conflict Of Interest" question with all members being seated. Ed Davis, Manager Current Planning, presented slides and over view drawings which showed the subject property and surrounding uses. He gave a brief rundown on historical events commencing 8/84 to the present time. He stated the original staff report, which was adopted by the Planning Commission, identified in the conclusion of the street vacation five items: (1) no identifiable use of the subject site; (2) vacation would generally enhance the development and flexibility of the adjoining properties; (3) vacation would return the property to the public tax rolls; (4) subject property has served no identified public purpose since the adjoining structure had been removed after WWII; (5) given the above it is unlikely that the subject site will be needed for public purposes of the future, therefore, the subject plat shall be returned to the private sector without harm or loss to the public. Mr. Davis noted that'since it had been over a four year period since Council had held the public hearing on the vacation, a request for comments was requested to determine if there had been any change within this period. All requests for comments were received and the only one that surfaced was from the Wastewater Department with the recommendation that "the City reserves a ten foot {10') wide easement for present and future utilities centered along the existing sanitary sewer main in the area of the street vacation. The entire area was WWII housing and Puget Sound Power & Light Company stated they had been granted easements by the Federal Government at the time of WWII so they had no need for an easement in that area. Staff recommendation at this time is to adopt the ordinance with the two conditions which relate to utility easement and compensation for the vacation. Dr. John Stanley, 2836 Halverson, stated he was the original petitioner and apologized to the Council for not taking the option in 1984. At that time he came to the conclusion he did not wish to pave the area himself nor pay the taxes since it was City property. However, several things have happened since that time, one being the area is available for people to come in and dump garbage and the.City had not maintained it; and the other is the new development going in adjacent to the area and establishing the parking available to that development. He now now desires to pick up the option. He stated that originally when the City set the price the City was not aware there was a sewer down the middle of the property. Since the area is only 60 x 90 feet, it is not suitable for a building lot and he desires to use it for additional parking. Mr. Johnson questioned if the water catch basin serving the new development was on City property? Mr. Davis noted that it appeared that a bulldozer had pushed some of the construction dirt onto the property. Dr. Stanley pointed out that the water catch basin is not located on City property nor any equipment that appeared on the slide was on City property. There was some dirt dropped on the City property which can be quickly moved E #589 22 TAPE #589 City Council Reg. Mtg. Minutes November 9, 1988 Page 8 of 13 off. The catch basin is located 20 feet or more to the west between Navy housing and the property. The old concrete foundations are not on City property as well. President Waibel questioned if the dirt was being used as a temporary catch basin? Dr. Stanley stated the intended use for the dirt is back filling around the new adjacent new building. M/S/C/U(Horning/Colvin) to approve Ordinance on first reading, approving Magnuson Court right-of-way vacation. 8B - PUBLIC HEARING - DOWNTOWN WATERFRONT URBAN RENEWAL PLAN, #AB88-267 The Bremerton Planning Commission has forwarded the proposed Downtown Waterfront Urban Renewal Plan to the City Council with a recommendation for approval. The Plan establishes development, use, controls in the project area. It contains: building and other 1. A Land/Water Use Plan: Designates Land/Water Use Areas, and establishes planning criteria, permitted uses, and controls for each Use area. It also contains general requirements for landscaping, parking, view corridors, public art, etc. (P. 8-41) 2. Urban Renewal Provisions: Allows City to acquire, rehabilitate, and sell property and to compel property owners to repair/rehabilitate deteriorating structures per State Urban Renewal Statute RCW 35.81 (p. 7). The plan includes a property acquisition map (p. 57) indicating the schedule for acquisition. (p. 2). President Waibel asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron HouGh, Planning staff, provided a slide presentation showing a variety of waterfront projects which had been completed in several cities in Washington, Oregon and Canada. Also included in the slides were various views of the waterfront area between Evergreen Park and Puget Sound Naval Shipyard, reflecting how it looks today and comparing it with those areas in other cities where the waterfront area has been developed. Kay Wilson, Community Development Department, announced the availability, to those in the audience, of several copies of the current Planning Commission recommended Downtown Waterfront Urban Renewal Plan. Using overhead view foils Ms. Wilson gave a brief run down on the waterfront area included in the plan and surrounding businesses/uses. Part of the historical data relating to the downtown waterfront area included: (1) early 1986 the City organized a group of property owners, people from State and local agencies and City Departments that would have to be involved in coordinating projects if anything really grand was adopted for the downtown waterfront. From this group a "Waterfront Guide Plan" was produced. The concept included mixed use, fishing pier, marina and lots of landscaping. (2) Based on the Waterfront Guide Plan the City then developed an Urban Renewal Project Area under State Urban Renewal Law (first an area has to be declared as blighted). In May 1986, the City declared the area between PSNS, including the ferry terminal, up to 5th Street, including the water, as a blighted area. Next the City staff was directed to prepare a Market Research Study to find out what kind of businesses would be successful in this area and prepare an Urban Renewal Plan based on what the market research study showed. In November 1986 the Market Research Study was completed and indicated that there were three kinds of scenarios to be considered and each of them would depend upon how much TAPE #589 City Council Reg. Mtg. Minutes November 9, 1988 Page 9 of 13 private/public cooperation took place. In scenario #1 consultants found that if the City simply addressed parking and a transient marina, then the market itself would be likely to bring 50,000 sq. ft. of office space with associated parking, some retail, small museum and possibly 50 units of apartments. Scenario #2 would include double the office space as in scenario #1 plus associated parking, the amount of retail would double, much larger museum and would possible have more than 50 units of apartments. In scenario #3 (called Regional Destination Scenario) the consultant found that if the public sector were able to provide major improvements in the area, and they suggested a Civil Center and permanent marina in addition to other public improvements, the City would not only be able to see the office space as before, greater increase in retail, possibly a 100-unit hotel, 30,000 sq. ft. museum and 100-units of apartments. The message from the consultant was the more public improvements that can be put into this area to create a sense of a very special place unlike anywhere else in Kitsap County the more quality development the City would attract. Based on the Market Research Study, the Urban Renewal Plan was drafted and released for public comment in July 1987. An Environmental Impact Statement was issued in December 1987, followed by public hearings before the Planning Commission in spring 1988. Ms. Wilson noted the plan first includes a Land/Water Use Plan which indicates that the City should look to several kinds of uses on the waterfront to include: mixed commercial/residential/tourist area, transition area where certain controls of the Urban Renewal Plan could apply, ferry terminal area and a linear park along the waterfront. The plan covers a number of controls covering such things as setbacks, side-yards, shoreline setbacks, maximum heights, view corridor requirements centering down streets, parking controls and permitted uses. Ms. Wilson stated it is not only a plan but includes regulations such as the Zoning Ordinance and it would operate as a Zoning Ordinance for all practical purposes in terms of establishing the various controls for development going into the areas. The plan includes a number of controls intended to bring about quality development. A design concepts map indicate some of the concepts the plan is trying to bring about, e.g., the linear park, view corridors, marina area located between Burwell and First Street Dock. The concept of parking indicates that if underground parking is not feasible and above ground parking had to be developed, then the parking should be developed in the center of the development so that it will be screened by the buildings. The area between 5Th Street and PSNS and along the east side of Washington would be covered by the Urban Renewal Plan,in addition, the area on the west side of Washington and up to 6Th Street would be in a design review overlay area. The properties in that area that are outside the project area but inside the design review area are required to follow two requirements of the Urban Renewal Plan: (1) height requirements, (2) would be required to go before a Design Review Board. The plan indicates that if the City is going to control design along the waterfront and encourage quality development, then there has'to be a way to determine, as the projects come in, whether the way it is designed is consistent with the Urban Renewal Plan or not. This could be done similar to a Rezone with the Planning Commission and/or City Council decision or it could be done in-house by Planning staff. The advantage of the Planning Commission or City Council involvement would be that a public hearing process would be involved for public comment. The advantage of having City staff take on that responsibility would be that it could be accomplished in a more timely manner. TAPE ~589 City Council Rag. Mtg. Minutes November 9, 1988 Page 10 of 13 The Urban Renewal Plan proposes a Design Review Board which would include some of the advantages of both (Planning staff, Planning Commission/City Council), which would review development proposals, then make the decision whether or not they were acceptable. The plan recommends composition of the Design Review Board to include six people chosen from several named groups. If a developer did not agree with the Design Review Board decision they could appeal the decision through the City Council. The Planning Department staff would serve as the decision making body until such time as a Design Review Board is set up. Another advantage of having a Design Review Board would be that it could meet weekly or as needed to help the developer and not delay them having to wait several weeks from hearing-to- hearing that it takes to go through the Planning Commission and City Council. Ms. Wilson noted one of the ways the Urban Renewal Plan is different from the Comprehensive Plan is that it includes Urban Renewal powers taken from State Urban Renewal Law. Basically the City would be able to acquire property, rehabilitate that property, could sell the property to someone else for redevelopment and it could require people to repair or rehabilitate their structures; but most importantly it emphasizes the intent of the plan is to encourage voluntary rehabilitation. The plan says the City would only resort to condemnation of property as a very last resort and the City would intend to work with the property owners to avoid such action. The plan includes a schedule whereby the City would acquire such land if the City did have to resor't to condemnation - thereby establishing priorities. The areas between First Street and Second Street and out on the waterfront between First and Burwell would be targeted for the first redevelopment. Finally, there is an implementation process once the Urban Renewal Plan is adopted, setting out Phase I during which program planning would be developed. This would include a report that would lay out what the design controls would be, an action plan that would address each property within the project area and determine whether the City would ask for clearance and redevelopment or rehabilitation or no action at all. Next, a schedule for action and development of a relocation plan, in the event there are residents that have to be relocated, would be developed. Finally, an Economic Incentive Program would be developed establishing economic incentives to encourage potential private developers and owner-participants to become involved in the urban renewal process. Don Pratt, Director of Community Development, spoke on behalf of Mayor Lobe, noting the following comments: (1) the Mayor acknowledges the need for the Urban Renewal Plan in order to coordinate what is happening on the waterfront and to be a central place to keep track of what action is currently being taken by many different parties; (2) reminds that in the next few months before the plan is finished there will be some changes on the waterfront and to not be concerned over those changes happening before planning is complete because many new projects are due to the review and planning that has already taken place ; (3) Mayor requests that an area north of 2nd Street dock and on northern border of the marina/south be designated as a "display vessel site". He supports the community effort to work toward obtaining a military vessel for placement on the waterfront; (4) Mayor does support the Design Review Board process but he supports it when it functions as the Shoreline Permits Board also - so that there are not multiple hearings required on the same project. If the Design Review Board should become too detailed TAPE #589 City Council Reg. Mtg. Minutes November 9, 1988 Page 11 of 13 and would slow down the process of development, then he would support simplifying it greatly or doing away with it; (5) Mayor favors the current designation of the properties within the area with no expansion. He believes expanding the furban renewal area into adjoining neighborhoods would add dynamics which are not pertinent to the waterfront; (6) Mayor asks that the City does not commence acquisition of non-compliant properties for a two year period after adoption. He believes that significant activities and improvements will happen on the waterfront and will encourage others to do their own development; (7} Mayor supports the height limits in the plan but he asks that the height limitations be made more direct and simpler for the public to understand; (8) Mayor does support the 14 of total construction cost for project to be used for Public Art Program provided by the developer; (9) Mayor does support straight forward bonus system to grant additional development capacity in exchange for provision by the developer of public benefits or amenities. For example, additional height or lot coverage could be permitted in exchange for development of public plazas, view corridors or public art over and above the minimum requirement. And, considering the above stated changes, the Mayor recommends adoption of the Waterfront Urban Renewal Plan. Ray Allred, 3913 Harbel Drive, expressed his concern regarding the proposed park, noting it was too small for any significant use. He supported the idea of a marina but suggested placing the marina to the north of the area indicated in the plan. Steve Rice, 2328 7th Street, spoke in support of a Design Review Board. He is a local architect and supported making the Design Review Board a permanent part of the Planning Department and to expand it to review other areas. Austin Clark, 3109 13th Street, stated he owned property at the northern most end of the designated area in the plan. He raised the following concerns: (1) the Design Review Board, if established, would have more power than the City Council and he would prefer having the majority vote of the City Council on decisions relating to development within the plan area; (2) [Page 43 of Plan] requested clarification of the statement: "the owner of a property to be rehabilitated shall be required to enter into an Owner-Participation Agreement with the City"? (3) [page 60] questioned what all the codes, referenced on page 60, impose on this area when in fact they are already in force in the City? (4) [Page 66] questioned the kinds of requirements that are carried with the conditions listed under Items A, B,C, on page 66 of plan. Generally, Mr. Clark stated he was in agreement with the proposed plan. Bill Rossiter, member of LINK and a resident of Poulsbo, expressed concern regarding "passenger ferry" support not being addressed in the plan. He pointed out the greater need for parking, covered walkways and/or tunnels for ferry users and the need for them to be identified in the plan. Walter Bale, 11771 St. Hwy. 303 Avenue, and local property owner, expressed concern that he had to take back a piece of property which had been sold and requested Mr. Rusty Hagar to speak to that issue. Rusty Ha~ar explained that he had defaulted on loans for two waterfront properties (one being owned by Mr. Bale) due in part to the city's proposed urban Renewal Plan for the area. He noted that the purpose in acquiring the property in the first place was for investment, future development with the possibility of joint venture on the waterfront. He stated he supported the concept provided under the "Guide Plan" which had been developed .PE #590 138 TAPE #589 City Council Reg. Mtg. Minutes November 9, 1988 Page 12 of 13 several years ago considering there had been a lot of input in its development. He did not see the Urban Renewal Plan as viable due to the economic condition in the city. He cautioned the decision makers to consider very carefully about what those people who are spending their time and effort trying to make money reasonably to develop an area. He noted that the pictures shown during the slide presentation of other areas that have developed waterfront facilities did not have any people actually using the facilities at the time the picture was taken. Mr. Bale suggested making the proposed area into parking - helping to provide a current need. He also expressed concern of enforcement of codes for rehabilitating older buildings and what that could mean in costs to the property owner. Mr. Bale stated he would offer his property for sale to the City so that they would not have to go through the condemnation process. Ray Allred suggested that measurements be included on the conceptual designs in the plans. He also questioned if the beach access off 4TH Street was still a viable project? Mr. Pratt explained that due to the projected high cost the project was withdrawn. Austin Clark questioned the meaning of paragraph I (Page 60- Inspection and Correction) and the kinds of things that the inspector would be looking for under this type of inspection? Mr. Pratt stated it was his understanding that once the City is in the acquisition stage they will bring forth a contract between the property owner who has not met the schedule that the Urban Renewal Plan mandates and discussing when the property can be brought into conformance for '~land use or design and for the structural situations that are listed in the plan. He believed it would be possible for many of the buildings to be rehabilitated for an adequate and appropriate land use as mandated by the plan, but will require some design considerations, paint, remodeling on outside so it is coordinated with the rest of the area and will also require the Mechanical Code, Uniform Building Code, Plumbing. Code, Fire Prevention Code be carefully inspected. Currently those type of inspections are done on a complaint basis. The Codes apply to all city residents today - this does not include the Housing Code which is still under discussion. If the plan is adopted, all properties in the area will be inspected without the stimulus of a complaint for code compliance. A qualified Building Inspector, who serves under the current Building Official would be carrying out the inspection. Mr. Hornina noted that there is a great deal of interest in the plan, the City in general has a great deal at stake and he pointed out this property is privately owned and very complex procedure that will take time to implement. Mr. Hornina supported having an additional Study Session where issues can be addressed in a less formal atmosphere. Mr. Dawkins questioned how many property Renewal area affect? Ms. Wilson noted it owners. owners does the Urban affects 15-20 property Mrs. Horton stated she felt that the official Public Hearing had been of more value then the previous Study Session and preferred scheduling another public hearing at a regular Council meeting. M/S/C/U(Horning/Coivin) moved to have a Study Session on November 30, immediately following the City Council meeting. With no further business meeting adjourned at 9:00 p.m. TAPE #590 City Council Reg. Mtg. Minutes November 9, 1988 Page 13 of 13 KATHLEEN L. MCCLUSKEY, CITY CLERK APPROVED HANK WAIBEL, Council President City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault