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HomeMy WebLinkAbout07/08/87 JUL 1. 5 1987 TAPE #464 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES July 8, 1987 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, July 8, 1987, at 5:30 p.m. with Council President Spencer Horning presiding. Council members present were Hank Waibel, A1 Colvin, Morrie Dawkins, Shirley Marry Crutcher, Russ Johnson and Lon Overson, Mary Lou Long, C.R. "Tiny" Collins. Also present were City Attorney Ian Sievers and Kathleen McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Spencer Homing with Reverend Talmadge Wilson of Charleston Baptist Church giving the Invocation. CONSENT AGENDA A. Bid Award Recommendation - Ductile Iron Pipe, #AB87-202 #0038 M/S/G/U(Waibel/Gollins) to approve Consent Agenda as presented. 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. #0053 M/S/C/U(Colvin/Crutcher) on July 8, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 30380 through 3085 and 30392 through 30486 in the total amount of $198,137.79 and Regular Payroll in the amount of $323,?90.95 COUNCIL MEMBER REPORTS Mr. Crutcher attended Council Operations Committee meeting where he brought up a recommendation to turn the Manette Treatment Plant area into a park, considering a proposal to naming it in honor of Art Morken and utilize the area for youth activities. Mr. Waibel attended the first of a series of "Concerts in the park", which was held at Evergreen Park and he would encourage everyone to take advantage of this very enjoyable entertainment. Mrs. Lonq returned from a two week vacation in California and attended Council Operations Committee meeting and found the discussion on traffic f/ow/ferry terminal demolition to be very interesting. Mr. Horninq reported on his recent trip aboard the USS Nimitz where he had the opportunity to personally greet and welcome navy personnel and shared their comments that they had never been welcomed, at any port in as grand a manner as that put on by Bremerton and Kitsap County residents. Mr. Collins returned from vacationing in California and Mexico and during his trip he had the opportunity to experience one-way streets and was very impressed with how well they worked. As a part of the Council Operations Committee meeting, a traffic flow plan was presented by John Clauson, Service Development Manager for Kitsap Transit and TAPE #464 City Council Reg. Mtg. Minutes July 8, 1987 Page 2 of 10 is brought before the Council at this time due to the Ferry System's schedule for demolition of the Ferry Terminal and Kitsap Transit's need to educate the public with the revised plan at least two weeks prior to start of demolition activities. Mr. Collins described the plan which included making First Street in front of the Ferry Terminal one-way westbound with all parking removed from the north side of the street creating a "transit bus loading area". A center island will be used for walk-on passenger pickup with all off-leading traffic proceeding off the ferry in two traffic lanes leading in a right turn onto Washington Street. Foot traffic off the ferry will be protected by a Jersey Barrier with an opening to allow entrance to the First Street Landing area. Three parking stalls on the west side of Washington will be eliminated, allowing for a single southbound lane. Second Street east of Washington will become one-way, eastbound, turning into street Terminal Way towards the temporary terminal and passenger pick-up island. Mr. Overson expressed concern that two crossing situations have been created which appear to be very unsafe, the first at corner of Second and Washington, the second crossing situation of passengers down at end of Front street approaching the terminal. He questioned why one-way traffic was not routed the opposite way. Mr. Clauson explained the safety of walk-on and walk-off passengers was given serious study and by using the Jersey Barrier it afforded greater protection for foot traffic from vehicular traffic. President Homing pointed out that the Scalagwag Fair has an event planned which would close the frontage road for two days .... how will this affect the traffic flow. Mr. Clauson explained that to facilitate the Fair the bus parking area could be moved to First Street for those two days, thereby allowing an alternate plan for traffic flow. Mr. Clauson stated that Kitsap Transit would take the responsibility and work with the Bremerton Police Department to provide an alternate traffic flow pattern for those two days. Mr. Overson pointed out that the proposed plan is for a temporary change in traffic plan during demolition - what come after the demolition period? Mr. Clauson stated that the Ferry System would like to see the majority of the traffic revisions stay in place - after demolition there will be sufficient room for 3 or 4 lanes and he would be coming back to Council to request that at least one lane be designed for traffic flow along the west side of the street. The plan for new ferry terminal includes parking behind the terminal which would direct the pedestrian traffic away from the street area and through the parking area. Mr. Clauson met with the Ferry System personnel and they indicated their support of the proposed temporary plan. Ray Allred, Harvel Avenue, asked if parking will continue to be available at the First Street Dock. Mr. Clauson stated there would be access to the First Street Dock #0593 M/S/C(Collins/Waibel) to approve the proposal as drawn be accepted by Council based upon recommendations by the Operations Committee. Vote: In Favor: Dawkins, Crutcher, Waibel, Homing, Collins, Long, Colvin, Johnson Opposed: Overson TAPE #464 City council Reg. Mtg. Minutes July 8, 1987 Page 3 of 10 PUBLIC ~J~COGNITION Dorothy Christensen, 419 Plum, asked if something could be done to improve the area on the east side of the Warren Avenue Bridge, on bottom half, noting tall grasses that needed cutting and lack of landscaping or beautification in that area. Stan Christensen, 419 Plum, reported he had received a letter from the City Attorney, would not comment yet but was not satisfied with it. Ray Allred, 3413 Harbel Drive, stated he saw no reason to even consider one-way-streets for Bremerton, noting that he has found no traffic problems getting around town and felt one-way-streets to be very confusing to strangers coming into a new town and finding there way around. Roy McGinnis, 2711 Maple Street, expressed his concern that on the night of July 4th two police cars with lights flashing and sirens on proceeded across the Warren Avenue bridge at a fast speed and when reaching the east side shut of his siren and lights .... some drivers pulled over so that the police vehicle could get by quickly, however, there appeared to be no emergency - he hoped that some type of "game was not being played" but it did give that impression. Captain Bud Maves, Bremerton Police Department, stated that officers are sent out on calls and called back if the situation had been defuse by other means and that it is embarrassing at times for the officers when this happens. 6A - APPOINTMENT TO THE CIVIL SERVICE COMMISSION - JACQUELINE F. BRIGHT, #AB87-196 In March, Civil Service Commissioner Bernice Vonnegut resigned her term. Mayor Lobe recommends the vacancy be filled by Jacqueline F. Bright. Mayor Gene Lobe stated that the appointment would bring the Commission to the full five members and that Mrs. Bright comes with excellent credentials #1198 M/S/C/U(Orutcher/Colvin) to confirm the appointment of Jacqueline F. Bright to the Civil Service Commission. Jacqueline Bright stated that she hoped she could do honor to the Commission and the first thing she would like to do is change the time of the Civil Service meetings to 9:00 AM 6B - APPOINTMENT OF LYNN S. CONEY AS CHIEF OF POLICE FOR BREMERTON POLICE DEPARTMENT, #AB87-197 Staff actions began in April to advertise, recruit and select a new Police Chief for the City. The selection process pre-screened a dozen applicants to six that underwent an Assessment Center conducted by Cooperative Personnel Services of California. Mr. Coney evolved from this process after an extensive local, State and Federal background investigation and reference check. Additionally, Mr. Coney successfully passed a complete medical, psychological and polygraph series of examinations. As appointee Mr. Coney is to be paid an annual salary of $41,731.00. He has indicated he will report for duty on August 3, 1987. Additionally, it is recommended that Mr. Coney receive $250.00 per month to TAPE #464 City Council Reg. Mtg. Minutes July 8, 1987 Page 4 of 10 offset expenses of operating his personal vehicle in the line of duty. The vehicle shall be equipped with a police radio and operate on Department frequencies. The Personal Services Contract indicates Mr. Coney is an "at will" employee, regardless of whether the position is exempt by subsequent Charter amendment. Mayor Gene Lobe stated that after a lengthy and involved process Mr. Lynn Coney was his choice for the Chief of Police position. The Mayor outlined Mr. Coney's law enforcement background and stated that he has accepted the appointment. Lynn Coney introduced his good friend and colleague Chief Don C. Smith of Centralia, his wife Joan, his grandaughter Britt Marie and his daughter Kay Ellen and son-in-law Frank. President Hornin~ asked Ian Sievers, City Attorney, to outline the time frame for the effective date of appointment of Mr. Coney. Ian Sievers stated that confirmation by Council is the final step in the selection process for Mr. Coney and the only thing to remain is determining the effective date of his employment by the City. Mr. Cundiff has been approved for disability by the local Board this week based on the strong medical record his attorney developed for the Board - anticipating confirmation by State Director of Retirement. However, Mr. Coney would not take employment before that confirmation occurred by the State and a decision by the State is anticipated by August 8. Mr. Coney understands and is will to accept any uncertainties that remain in this process. Mr. Crutcher extended a warm welcome and thank you to Mr. Coney, noting that law enforcement is a very complicated and pressure job and that with strong family support he should be able to survive it. Mr. Waibel questioned if the specific date in the contract for effective date of employment should be modified? Ian Sievers, City Attorney, suggested changing it to read: "commencing at the date of execution of the contract", and then hold the signing of the contract until Mr. Cundiff retirees. Mr. Colvin asked if this contract precludes having two Police Chiefs at the same time? Ian S/evers, City Attorney, stated the contract does not specifically preclude this, however, the Civil Service System does precludes it and there will not be two chiefs at any point in time and Acting Chief Maves will continue until the position is vacated by Mr. Cundiff, then at that point the Mr. Coney's appointment will be in effect. Mr. Crutcher thanked Captain Hatfield for showing so well in the Police Chief placement process and commended him for serving the City well during his time as Acting Chief. President Hornin~ thanked Mayor Lobe and Dave Hiestand, Director of Personnel, for their efforts to provide superb candidates for the final three, any one of which could serve the City well. Mr. Colvin called up Captain Hatfield and Captain Mares to receive thanks from the Council for their doing such good work as Acting Police Chief. TAPE #464 City council Reg. Mtg. Minutes July 8, 1987 Page 5 of 10 #1569 M/S/C/U(Waibel/Collins) to confirm the appointment of Lynn S. Coney as Chief of Police and the Personal Services Contract covering this employment condition be entered into modified in first sentence to become effective upon termination of the present chief. Mayor Gene Lobe extended his thanks to Acting Chief Maves and Captain Hatfield for their service during this time serving in an acting position and doing their job well and it is greatly appreciated. 6-C PERSONAL SERVICES CONTRACT - DONALD PRATT, #AB87-198 Don Pratt, Director of Community Development, was hired May 15, 1985 under a two year contract. With the expiration of that contract, a new contract is submitted for Council approval. Ail provisions are the same as the prior approved Management Contract, except Section 9 - Termination of Services, which allows for 60 days separation notice and 30 days severance pay. Dave Hiestand, Director of Personnel, stated the terms of the contract have been reviewed and negotiated between Mr. Pratt and Mayor Lobe. #1668 M/S/C(Collins/Crutcher) to authorize Mayor Lobe to execute the Personal Services Contract with Donald L. Pratt. Vote: In Favor: Colvin, Johnson, Overson, Dawkins, Crutcher, Waibel, Homing, Collins Abstain: Long 6D - PERSONAL SERVICES CONTRACT - JO~N MAHER, ~AB87-199 John Maher's contract as Waterfront Development Manager expires June 30, 1987. The Waterfront Observation Tower is currently under construction and it is the intent of the Director of Community Development to continue Mr. Maher's employment as Construction Manager of that project. Don Pratt, Director of Planning, stated that Mr. Maher was hired under a project contract basis. His position is neither under the Management Ordinance or Civil Service, it is not his intend to ask for renewal of this contract past December 1987. If Mr. Maher's position is intended to be with the department next year it will be either under the Management Ordinance or Civil Service regulations. Mrs. Lonq questioned if Mr. Maher's contract would terminate at the completion of a specific pro~ect or if it was dated for a specific time? Mr. Pratt stated the contract extension being requested goes through September 30, 1987, and allows the Mayor the authority to extend it through the end of December 1987. It is not tied to the completion of any one project. #1830 M/S/C/U(Dawkins/Long) to authorize Mayor Lobe to execute the contract with John Maher through September 30, 1987, and authorize the Mayor to extend the contract for up to three (3) months beyond September 30, 1987, if needed. 6E - CONFIRMATION OF ARVILLA OHLDE AS DIRECTOR OF PA~R ANn RECREATION, #ABS?-200 Ordinance #4005 requires Council confirmation of Administrative Heads of the City. TAPE #464 City Council Reg. Mtg. Minutes July 8, 1987 Page 6 of 10 Arvilla Ohlde has been a Parks employee since 1972, holding the Assistant Parks Director position since 1984. Ms. Ohlde has a Bachelor's Degree in Recreation from Central Washington University, and brings enthusiasm and expertise to the Director's position. Mayor Gene Lobe briefly outlined the circumstances involved with the exchange of positions naming Arvilla Ohlde as Director from Assistant Director and Ray Foley to Assistant Director from Director, citing Mr. Foley request was based on personal reasons. Ms. Ohlde is one of the finest employees of the City of Bremerton and she has earned this position and proven her worth. Mr. Crutcher thanked Ms. Ohlde for work she has been doing and for the prompt resolution of problems encountered since taking over the Director responsibilities. Mr. Collins expressed his appreciation for the many years of service Ray Foley, as Director of the Parks Department, has given to the City. Mr. Colvin requested clarification on salaries to be received by the Director and Assistant Director. Mayor Lobe stated that Mr. Foley's salary will revert back to the Assistant Department Director and the Director's salary will be at 90% of the scale which is $37,080.00 Mrs. Lonq commended Ms. Ohlde for her work as Assistant Director and was very impressed with her efforts and abilities. #1966 M/S/C/U(Collins/Dawkins) to confirm the appointment of Arvilla Ohlde as Director of Parks and Recreation. Arvilla Ohlde introduced her husband, Denise, who gives her a great deal of support and thanked the Council for their vote of confidence and expressed her deep seeded commitment to parks and recreation . Mayor Gene Lobe expressed his thanks, publicly, to Ray Foley for his dedicated service to the City. Mayor Lobe reported on his trip from San Diego to Bremerton on board the USS Nimitz, noting that the ship is 17 stories in height with many ladders to maneuver. He had an opportunity to meet many crew members and they were very impressed with the welcome extended from Bremerton and Kitsap County citizens. 6F - LEASE AGReeMENT COMMUNICATION SITE - SEATTLE SMSA LTD.~ PARTNERSHIP, #AB87-184 Seattle S.M.S.A. Limited Partnership has been granted a franchise by the Federal Communication Commission to operate a cellular telephone communication system in the Kitsap County area. The lease agreement between the City and the Partnership is for lease of a parcel of property from the Utility for construction of a communications tower and related appurtenances. The parcel is located NW 1/4 of Section 29, Township 24 North, Range I East, Willamette Meridan, which is situated south of the west end of Werner Road and east of Alexander Lake. Revenue generated from this lease will be approximately $300.O0/month and will be retained in the Water Utilities Land Acquisition Fund. TAPE #464 City council Reg. Mtg. Minutes July 8, 1987 Page 7 of 10 Bill Duffy, Utilities Director, stated the FCC is awarding several franchises for cellular telephones and this is one of two firms that he is dealing with that are expanding into the Kitsap Gounty. Mr. Gollins questioned why the funds received from the lease agreement will be retained in the Water Utility? Mr. Duffy explained that the Utility is an enterprise type fund and activities carried on within that fund, whether expenses or revenue, have to be retained in the fund. The property where the tower is to be located is managed by the Utility. #2298 M/S/O/U(Waibel/Collins) to approve the attached lease agreement for lease of real property from the Water Utility for the construction of a cellular telephone communication facility subject to the terms and conditions of the attached agreement and Municipal Administrative Policy and Procedure and authorize the Mayor to execute said lease agreement. ?A - RESOLUTION #2174~ SETTING DATE FOR lO~ ANNEXATION PETITIONS NOTICE OF INTENT. ANDERSON CREEK UTILITY LAND ANNEXATION AND GOLD MOUNTAIN GOLF COURSE AND ADJACENT BREMERTON WATER UTILITY~ #ABS?-20! The City, represented by Mayor Lobe's signature, is prepared to petition the City Council for annexation of Water Utility owned lands south of the City's boundaries. State law requires that City Council set a date for the public hearing on whether or not to accept a petition from owners of the 10~ of the valuation. A 75~ hearing will follow. #2373 M/S/C/U(Crutcher/Colvin) to set August 5, 1987, not earlier than 6:30 p.m., at Bremerton City Hall for the date and place for a meeting with the initiating parties of the 10~ Notice of Intent for Anderson Creek Utility Land and Gold Mountain Golf Course and adjacent Water Utility property. 8A - RECONVENED REZONE REQUEST R-2 AND B-S; LOCATED AT AND ADJACENT TO AND WEST OF 303 6TH STREET~ APPLICANT: SANCHEZ, PAULSON~ MITCHELL AND LAURIE~ OWNER: RONALD AND LILLIAN R0S$~ #AB87-166 On June 10, ~987, the City Council heard agenda item RZ-4- 87, a request for a rezone of property located at 303 6th Street between Pleasant and Highland Avenues. The original request was for a rezone from R-2 to B-3. The Planning Commission's recommendation was for approval of a rezone to B-2. The City Council directed staff to re-evaluate the situation and propose an alternative solution that would take into consideration the issues of parking, compatibility with the Highland District and related Comprehensive Plan policies, and the applicants' intentions on the site. This item was scheduled for the Council's June 24 agenda, but was re-scheduled to July 8. The supplemental staff report outlines two alternatives to the staff recommendation and provides information about the impacts of each. President Homing announced that he and Councilman Dawkins would step down from the hearing. Actinq President Waibel asked the "Appearance of Fairness/Conflict of Interest" question with remaining Council members being seated. Ms. McCluskey read into the record the following letters: (1) Charles and Ann Laubach, owners of property located at 215 and 231 Sixth Street, provided an alternative proposal; TAPE #464 City Gouncil Reg. Mtg. Minutes July 8, 1987 Page 8 of 10 (2)Tamie Hukill, Executive Director YWCA, 611 Highland Avenue, supported a B-3 rezone with restrictions to building height and land uses. TAPE #465 Ron Huff, Planner, gave a brief review of past actions by both Council and Planning Commission, noting that there are three primary issues in this request...(1) historical significance of the tudor house next to the property, (2) the Highland District has been officially recognized by the City as a residential neighborhood that has some historical and architectural significance to the Gity of Bremerton and because of that a specific Highland Neighborhood area has been delineated and included on the Gomprehensive Plan Map and officially adopted by the Gity Council, (3) there are several policies within the Comprehensive Plan that also are aimed at preservation of older significant structures in this area and protection of the neighborhood's uniqueness and architectural characteristics. Staff's recommended motion would be to approve Lots 33 - 38 to a B-2 zone with three conditions: (1) site development requirements would apply to site for a period of three years; (2) development beyond the three year period would be in accordance with the zoning requirements in effect at that time; (3) ad3acent tudor style home would be taken into consideration in future development and any structures higher than 30 feet would be set back at least 50 feet from the property line of the tudor house. Planning Staff's has provided an alternative motion #1 which would follow the Planning Gommission's recommendation except eliminate the 50 ft. setback from the tudor building. The third motion was based on the conclusion that a highrise office building in this location is not consistent with the Highland area policies and has nothing to do with preservation or rehabilitation of an older area. If this conclusion is adopted, then it would deny the rezone request totally and leave the property - first four lots in B-3 zone and other two would reflect residential with the house remaining a residence and Planning staff would be directed to remove those six lots from the Highland District and rezoned to some type of heavy commercial designation, possibly Business Core (BC). A possible fourth option might be the suggestion submitted by Mr. and Mrs. Charles Laubach, which would move the alley location. Ms. Anna Laurie, Attorney representing applicants, stated that it is the applicants desire to have the property rezoned to B-3, that it is appropriate and that they are entitled to it. However, the applicant would accept a B-2 without any restrictions. Ms. Laurie outlined her ob3ections to the proposal submitted by Mr. and Mrs. Laubach citing it confusing and illogical; and indicated Ms. Hukill's suggested restrictions were not necessary as applicant is looking to build a two or three story office building which would not be inconsistent with the neighborhood. She did have some objection to Staff's first recommendation relating the the 50 foot setback requirement, noting it did not accomplish protecting the historical building next to the property or assist her in planning her development. Ms. Laurie stated that out of all the proposals presented she could accept Alternative #1. Ms. Laurie continued to support the fact that her property is more closely related to the CBD than the Highland Neighborhood area, citing that surrounding property includes parking lots, a bank building and property zoned B-2 being used for offices, and with a B-2 or B-3 zone would be TAPE #465 City council Reg. Mtg. Minutes July 8, 1987 Page 9 of 10 consistent with the Comprehensive Plan. Also, that the surrounding parcel uses have changed over the years - it is no longer residential use. Finally, there are no adverse environmental conditions and development of a B-2 or B-3 would serve the public (as stated in the Comprehensive Plan -" development in the CBD is in the public good"). The following individuals spoke in favor of the applicants request: Stan Ghrisenten, 419 Plum,(not a historical area); Roy McGinnis, 2711 Maple Street,(supported B-2 zone); Paul Schmitt, 2405 E. 16th Street,(considered it more commercial than residential;) Dorothy Christensen, 419 Plum,(supported a B-3 but restrict development within a three year period); Pete Flynn, Executive Director of Bremerton Main Street Association, (supported B-3 zone because of economic benefit); Dana Hanford, 237 6th Street, (favor B-2 w/three year development restriction but supported proposals listed in Laubach's letter); Mary Schmitt, 2405 E. 16th Street (supported B-3 because of economic benefit); R. Robinson, 412 17th Street (supported B-3 zone and freedom to develop with the public benefit in mind); Jim Adrian, 621 Washington, (supported B-3 noting area should be in CBD rather than Highland Neighborhood District); Roy Mosely 2138 E. 1?th Street, (representing BACON supporting B-3 zone and be included in the CBD);James Skirving, Real Estate Broker, (supported B-3, as economic benefit to community). Ms. Tamie Hukill, Executive Director YWCA 611 Highland, spoke in opposition to a B-2 or B-S zone request unless specific height and land use restrictions were included. Mr. Collins expressed great concerned with zoning anything B-S without specific restrictions as to what is going to be built and that there needs to be an agreement between the developer and the citizens of Bremerton. Mr. Johnson stated his displeasure with the direction taken by the Planning Commission and their recommendation, noting that they made decisions on zoning of properties that were not even included in the applicant's request. He also questioned why the applicant did not consider a PUD. Mrs. Long stated that it was her understanding, during the adoption of the Comprehensive Plan, that the border lines of the designated areas were flexible and not set in concrete and she is of the opinion that the area designated as Highland District does not follow a natural path along the north side of 6th Street, and it would be better to leave the lots in question in a commercial zone which fits into surrounding property uses. Mr. Overson questioned why a PUD was not proposed. Don Pratt, Planning Director stated that the Planned Unit Development Ordinance requires the property be one acre in size in order to qualify or small parcels can quality on a waver from the Director of Planning. In this instances it appeared that it would be a straight forward piece of property and either B-2 or B-S or proposed new Highland District would be appropriate, and that it appeared not to be a complex issue as to design to require a more complex process. Mr. Overson also questioned that the view from the piece of property, which is at the top of a hill, could be considered an environmental consideration. Ms. Anna Laurie, proponent, stated for clarification that she would not accept restrictions on site density or uses but did go on record supporting Alternative #1. TAPE #465 City Council Reg. Mtg. Minutes July 8, 1987 Page 10 of 10 #1788 M/S/C(Overson/Crutcher) to approve rezone of lots 33 through 38, located at 303 Sixth Street to B-2, subject to a Concomitant Zoning Agreement incorporating the following conditions: (1) Al/ B-2 district site development requirements would apply to the site for a period of three years following the effective date of this approval; and (2) Any development of the site beyond the three-year period shall be in accordance with the development requirements of the zoning district in effect at that time. Vote: In Favor: Overson, Crutcher, Waibel, Johnson Oppose: Collins, Long, Colvin With no further business meeting adjourned at 8:15 p.m. KATHLEEN L. MCCLUSKEY, CItY CLERK S~CER President Bremer~n / C~y of K LM/SH/me ccss: Normal Distribution File/Vault