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HomeMy WebLinkAbout12/02/87TAPE #503 CITY COUNCIL MEETING MINUTES DECEMBER 2, 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, December 2, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Hank Waibel, Morrie Dawkins, Mary Lou Long, A1Colvin, Shirley Marry Crutcher, Russ Johnson and Lon Overson. Late arrival - Councilman C. R. "Tiny" Collins. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Spencer Homing and invocation was given by Reverend Michael Grimshaw of First Church of the Nazarene. #0033 CLAIMS/WARRANTS REGISTER 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(Johnson/Overson) on December 2, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 32972, 32973,32974 and 32981 through 33081 in the total amount of $84,428.72 and Retirees Payroll in the amount of $47,713.42. COUNCIL MEMBER REPORT Mr. Overson reported that the Council has been very busy with Budget hearings. Also, he reported that several of the Councilmen's wives have been working on the Winter Wonderland event which is scheduled for December 4,5,6 and encouraged everyone to attend. Mr. Waibel stated that the number of fire calls coming through CenCom for the County has increased by 15~ but the number of fire calls from within'the City of Bremerton have decreased. Also, the Puget Sound Water Quality Advisory Committee has finalized their rules which will become part of the Washington Administrative Code which could be costly for the City. Mr. Colvin announced that during Public Recognition Council would have the opportunity to meet two young men from Scout Troop 1506. Mr. Johnson asked fellow Council members to be thinking about potential Charter changes - it has been two years since last revision and there are a number of areas which need to be changed. Mr. Horninc artended Sub-Regional Council of Government meeting and reported that Kitsap Transit has completed 5 years of operation, starting with a staff of 16~ employees and now have only 18, started with 1.1 million riders and are now up to 2.4 million riders; starting budget was 3.25 million and now in excess of 5 million. On December 10 the TAPE #503 City Council Reg. Mtg. Minutes December 2, 1987 Page 2 of 12 Board of Health is holding a colesterol screening at the East side Value Giant. Fee for the screening is $5.00. Mr. Dawkins reminded everyone of Saturday evening. the Santa Claus Parade on PUBLIC RECOGNITION Roy McGlnnis, 2711 Maple Street, reminded the Council of a concert scheduled December 6 at the Sinclair Baptist Church presented by the Young Peoples Choir, at which time the local cable channel will tape the program and replay it during the Christmas holidays. He encouraged everyone to attend this event. Mrs. Roberta Karosich introduced Brian Karosich and Tom Hudson who are members of Troop 1506 and they are attending the Council meeting to complete the requirements for their Citizenship In The Community Badge. 6A - INCREASE APPROPRIATION OF $30,000.00 TO FIRE DEPARTMENT BUDGET FOR 198? FISCAL YEAR, #AB87-320 The budget appropriation for the Fire Department was reduced by $100,000 at the start of Fiscal year 1987. The Fire Department has held back on avoidable expenses and the City Council authorized the internal transfer of 897,600.00 on October 28, 1987 from within the existing Fire Department budget of 82,059,078. Due to Continued need for funding of Disability Leave and Long Term Sick Leave, this increase in appropriation of $30,000.00 is required to be~ able to legally operate the Fire Department through December 31, 1987. The Fire Department programs are labor intensive and are dependent on adequate funding to maintain existing operational levels as personnel costs are approximately 85% of the budget. Fire Chief Leonard Marks restated the chronological events which brought his department budget to the point where it would run out of funds before the end of the year. He cited efforts made to keep spending down during the year but that due to unforeseen disability leave costs caused expenses above his budget allocation. Any portion of the 830,000.00 requested that is not utilized in the balance of 1987 would be carried over into the Fire Departmerit 1988 budget. Mr. Crutcher expressed concern that the Fire Departmentws 1987 budget was cut back to such a degree that there were no funds available for unforeseen needs, which necessitated the department to come back several times during the year to request additional funding. Mrs. Long pointed out that the Fire Chief had done a fine job considering he had a lean budget to work with. Mr. Johnson stated that as close cut as the 1987 budget was for all departments, he is surprised that other departments were n'ot in the same situation. #0471 M/S/C/U(Long/Johnson) to approve increase appropriation of' $30,000.00 to the Fire Department Budget from Year End Beginning Cash Account and any unused balance for 1987 will be carried over into 1988. 6B - LEASE - BASEMENT OF 5TH STREET LIBRARY - COMMUNITY BRIDGE CLUB, #ABS?-Sl2 TAPE #503 City Council Rag. ~tg. Minutes December 2, 1987 Page 3 of 12 #0765 The Bridge Club has leased the Library basement since January 1980. The initial lease was 8150.00 per month, plus the State required Leasehold and had been raised based upon the CPI annually. The lease amount in 1985 was $212.46 per month plus Leasehold Tax. At the request of Mr. Swan and approved by the City Council, that amount remained the same in 1986 and 1987. CPI increase was not applied. Mr. Swan is requesting once again, that the CPI index not be applied. Based upon the August index the new rate, if applied, would be $221.57 per month plus Leasehold Tax of $28.45, totaling $250.02. Dawson Long, Bridge Club, stated that under the 1986 lease the club was obligated to keep up the lighting and plumbing. At the present there is need to repair some plumbing and lighting and he was concerned that due to the fact the facility is so old, that the cost of repair may be more than the club could support and are at a limit to what they can charge the participants. Mr. Colvin suggested that the cost of repairs be handled through the City General Facilities Department. Ms. McCluskeV, City Clerk, stated that the library building is costing the City a lot of money and have taken the position of not being responsible for the upkeep of this area. M/S/C/U(Waibel/Dawkins )to approve the lease with Mr. Swan for the period January 1,1 1988 through December 31, 1989, at the rate of 8212.46 plus Leasehold Tax per month and Item 3 in the contract reflect the new date. #0816 6C - CONTRACT #29~4 BEAVER HILL (1-87) TIMBER SALE FINAL #AB87-321 S. F. Hill Lumber Co., Inc., P.O. Box 368, Cle Elum, WA 98922, purchaser of the above mentioned timber sale, )has satisfactorily completed all contractual obligations an~ all payments have been received. / Bill DuffV, Utilities Director, stated that Council action will allow formal closure of the contract and release the contractor's surety bond. M/S/C/U(Dawkins/Long) to accept above contract as completed and authorize release of surety bond in the amoun~ of $12,700.00 6D - CONTRACT ~2708 REQUEST FOR USER FEE CHANGE -IDIAMOND PARKING, #imJ~87-314 In an effort to encourage use of the City owned parking garage, the operating contractor, Diamond Parking, is requesting authorization to reduce daily and monthly parking fees on levels 8 and 9 to $1.00 and $12.00 respectively. Current rates are $1.50 and $20.00. 1 - 3 4 - 7 8 - 9 Dally 100% 38% -O- Monthly N/A 43% 55~ Overall 100% 81% 55% Under this proposal, Diamond Parking's payments of the contract. guarantee will not change. Gil Johnson, Purchasing Agent, outlined Diamond Parking's proposal explaining that they had looked into taking action earlier in the year but decided to wait to see if the TAPE #503 City Council Reg. Mtg. Minutes December 2, 1987 Page 4 of 12 #0966 arrival of the USS Nimitz and relocation of several hundred Shipyard personnel in the downtown area would have an affect on utilization of the parking garage. The use of the garage did not significantly increase after the USS Nimitz arrived and the movement of Shipyard works was delayed and not anticipated until early 1988. Diamond Parking now desires to lower the rates and raise the utilization of levels 8 and 9. Roy McGinnis, 2711 Maple Street, questioned if the parking fee was lowered now would Diamond Parking come back and ask for an increase at a later date if utilization of the parking garage increased after the first of the year. Johnson stated that it is speculative and the matter of parking in Bremerton is supply and demand and efforts must be made to do everything possible to encourage utilization of parking available. The contractor has certain contractual obligations to the City and the proposed reduction will assist the contractor in doing this. Mr. Johnson pointed out that the contract with Diamond Parking is set at a specific amount with a cost incentive and questioned why the City was involved in rate setting when the amount they receive is secured and let the manager of the facility do whatever he feels is needed in order to meet that obligation. Ms. McCluskeV, City Clerk, stated that whenever there are changes complaints and concerns come to the City. The City owns the facility and accepts the responsibility and acts as a control feature. , Mr. Waibel questioned what is the break even point if the cost is reduced? Richard Hanna, City Treasurer, stated he only did calculations on the proposed rate structure that Diamond proposed but any occupancy increase up to 92~ is to achieve same gross level they are receiving. Mrs. Long questioned how many parking spaces are available on 8th and 9th level. Gil Johnson s~ated there are 80 parking spaces on each level. Jim Lambert, Diamond Parking, stated no one can foresee what the future market will bring, however, by filling up the upper levels with monthly parkers, more stalls for day parkers will be available on the lower levels. He stated that they are taking a risk and if it proves to be a wrong decision they would come back to the Council. M/S/C(Colvin/Long) to approve rates as proposed by Diamond Parking for Levels 8 and 9. Vote: In Favor: Oppose: Overson, Dawkins, Crutcher, Homing Long, Johnson, Colvin Waibel 7A - ORDINANCE (FIRST READING) ESTABLISHING PAY/BENEFITS OF DEPUTY FIRE CHIEF, #AB87-322 On October i of this year the Battalion Chiefs (now Deputy Chiefs) were removed from IAFF Local 437 Union membership. The City has the need to specify their wages,s benefits and conditions as a result of this change. After a number of meetings with these individuals agreement has been reached on a fair wage, a change of these individuals from hourly pay to a salaried status, and administrative exemption under Fair Labor Standards Act rules. Their pay shall become TAPE #503 City Council Rag. Mtg. Minutes December 2, 1987 Page 5 of 12 #1676 $S,108.72 per month for the period January 1, 1987 through June SO, 1987. On July 1, 1987 their base salary raises to $3,149.13. Effective January 1, 1988, the base salary shall increase to $3,315.00. Additional changes were made to dependent medical coverage and sick leave accruals under LEOFF I coverage. Dave Hiestand, Director of Personnel, stated that when the City negotiated the contract with Local 43? one of the stipulations stated "they shall be covered by Local 43? with no change in status for a period of one year". However, the wage element of that contract only addressed wage increase for everyone in the Fire Union except for the Battalion Chiefs. The City was advised to set out in some form of documentation what their benefits were to be and discuss the wage issue. The last increased received by the Battalion Chiefs was in 1985. A number of meetings were held and the proposal presented is a result of those efforts. One very important change and concession on their part is that they have agreed to be exempt under the Fair Labor Standards Act which means they are salaried employees vice hourly employees, giving management more flexibility in utilizing their abilities. They had been functioning for a period of time as Deputy Chiefs and have performed in a role which is more like an Assistant Chief position, which the City no longer has. Mr. Crutcher asked what would be the salary of the Deputy Chief position and how did it compare with what the Fire Chief is currently receiving. Dave Hiestand stated that the Deputy Chief would receive $40,348.82'and the Fire Chief currently receives $42,750. Mr. Crutcher pointed out that the difference between the two positions is closing and an adjustment will need to be made. Dave Hiestand stated that the standards used in separations of department head level or executive head level and individuals compared to next level of responsibility is 12-15%. Mr. Waibel questioned if the section on sick leave applied to both LEOFFI and LEOFFII? Dave Hiestand stated it only applied to LEOFFI. Mr. Waibel questioned if the LEOFFI employees will be allowed to continue to accumulate sick leave? Dave Hiestand explained that the LEO~FI employee would go on sick leave the first five days and the sick leave would come from the 100 hours allocated per year. The sick leave balances they currently have would be placed in a set aside account and would remain until such time they retired. Mr. Waibel questioned what would happen to the sick leave hours (100) if not used within that year. Dave Hiestand stated the balance of sick leave would be "0" out at the end of the year. Mr. Waibel suggested that wording be included in the ordinance to clarify that any balance of sick leave would not be carried over into the next year. Mr. Johnson pointed out that the salary and benefit package is at a level comparable to a GS 14-15 in the Federal Government, which are very scarce in the Bremerton area. Mr. Johnson expressed concern that in the near future the City may be looking at another level of officers between the Deputy Chiefs and various battalions and is a bad precedent to set at this time. M/S/C(Waibel/Dawkins) to approve Ordinance, on first reading, establishing the compensation and benefits of Fire Department Deputy Chiefs and identifying them as exempt administrative employees under Section 541.201 of the Fair Labor Standard Act (29 C.F.R.) TAPE #503 City Council Reg. Mtg~ Minutes December 2, 1987 Page 6 of 12 Vote: In Favor: Oppose: Colvin, Long, Homing, Waibel, Crutcher, Dawkins, Overson Johnson 7B - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUANCE OF A $1.5 MILLION TAX ANTICIPATION NOTE, ~AB87-323 As indicated in the projection, the Clty's General Fund operates in a deficit cash position for several months during the year. These deficits are due to timing differences between the funds revenues and expenditures and the small overage cash balance compared to the monthly cash flow. Issuance of a tax anticipation note is recommended as the most advantageous method of financing this cash flow. Rich Hanna, City Treasurer, stated that the need to finance the negative cash flow that occurs is due to the time difference between the revenues and expenses, particularly the collection of Real Estate Sales Tax, which represents approximately 2~ million dollars of annual revenue to the city. Funds from this source are not received until early May of each year which creates a negative cash flow situation during that period.. As previously discussed, this appears to be the most financially advantageous mechanism for financing cash flow of the General Fund that is available to the City., GeorGe Mack, Bond Counsel, stated that the amount of the Tax Anticipation Note is within the requirements of the Federal Tax Law and complies with the Washington State Law in terms of the maturity of the note. Proceeds of this note will not be used to redeem the City's outstanding note as funds have been set aside for redemption. Alex Fisken, Prudential-Bache, stated that, market conditions are similar to those of last year and anticipates ending up with a transaction similar to the one entered into last year. Mr. Johnson questioned if this was a common practice for towns and cities in Washington? Mr. Mack stated it is not unusual particularly where there is a a dip in cash income and does not mean that a 'City's financial condition is not strong, it simply means that the revenue counted on has not yet been collected at the time of the expenditures. Mr. Johnson asked for explanation how the City obtain Prudential-Bache's services. Rich Hanna explained there are two methods, competitive bidding or negotiation sale, · the City having used the negotiation process because of the size of our instrument· Mrs. Long questioned the total amount of cost of the Tax Anticipation Note. Rich Hanna explained that the actual dollar amount will not be determined until the day the transaction is closed, which will be January 15 and a limit of not to exceed 8% has been included in the document. Mrs. Long stated that the supporting information provided included a statement that the City could have interfund loans from other fund accounts and is it possible to borrow from ourselves thereby paying interest back to the City. Rich Hanna stated there were sufficient funds in other funds, however, he pointed out that utilization of the Tax Anticipation Note was the most financially advantageous TAPE #503 City Council Reg. Mtg. Minut~cs December 2, 1987 Page 7 of 12 method due to the tax exempt nature of the interest that is paid to the holder of the instruments. #2234 #2357 M/S/C/U(Overson/Colvin) to approve Ordinance, on first reading, authorizing the issuance of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; and providing for the sale of those notes to Prudential-Bache Securities Inc.., of Seattle, WA. 7D - ORDINANCE #4133 (SECOND READING) REGULATING THE USE OF SKATEBOARDS WITHIN THE CITY LIMITS, #AB87-318 Ms. McCluskeV, City Clerk, stated that a Violation Penalty Section had been added which reads: "Upon determination that a violation under this Chapter has been committed, such violation shall be punishable by a fine not exceeding fifty dollars (50.00)". M/S/C(Wakbel/Colvin) to approve Ordinance #4133, on second reading, regulating the use of skateboards within the City of Bremerton as amended. Vote: In Favor: Abstain: Colvin, Long, Homing, Waibel Crutcher, Dawkins, Overson Johnson NOTE: Councilman at 7:00 PM. C. R.,"TinV" Collins 3oined the Council 8A - PUBLIC HEARING - RECONSTRUCTION OF SIDEWALK ABUTTING 3214 PREBLE STREET (RESOLUTION #2189), #AB8~-325 Council passed Resolution 2189 on November 18, 1987, setting date for hearing on reconstruction of the sidewalk abutting 3214 Preble Street Dave Baker, City Engineer, stated the Bremerton City Code gives the responsibility for maintenance of sidewalks, barricades and fences to the property owner. A complaint of badly deteriorated sidewalk at the Preble Street address was received and the City investigated the complaint. In order for the City to charge the owner for repair of the damaged sidewalk passage of the ordinance is required. Mr. Dawkins questioned if proper notice had been sent to the property owner and had they responded. Mr. Baker stated that several notices were sent and as of this date neither a verbal or written response had been received. Mr. Dawkins questioned how long the City might have to wait to receive payment. Ian Sievers, City Attorney, stated it could be indefinitely - it was not something the County would collect as a tax assessment if not paid within three years. A foreclosure on the lien could be pursued. Mr. Johnson questioned if it was possible for the Council to set up a policy, such as standard cost for a certain amount of sidewalk repair, removal of trees, etc. Mr. Sievers stated that State law gives Cities the right to charge costs back to the property owner and establish a lien on the property. It does require that an assessment roll be approved again by Council to show that it is fair and reasonable. Whether a blanket policy would satisfy the State requirement is doubtful. Mr. Colvin asked what time frame would be allowed before issuing the lien to collect payment. Mr. Sievers stated the TAPE #503 City Council Reg. Mtg. Minutes December 2, 198? Page 8 of 12 owner would still have a period of time to implement the repairs themselves, however, if the City implemented repairs collection of funds could be pursued, possibly through the City Attorney's office. Mr. Crutcher questioned what was the cause of the damage to the sidewalk. Dave Baker explained that the roots of a tree planted in the planting strip caused the sidewalk to push up. APE #504 #0022 Mr. Collins pointed out the fact that there are many areas within the City that have sidewalks needing repair and was not sure why this particular problem is being singled out. Mr. Baker stated that a complaint on this particular area had been received and the City was responding with follow up action on that complaint. Mr. Collins stated the City has the responsibility to the citizens to have the sidewalk repaired but expressed concern that the complaint may have been from an unhappy neighbor. Mr. Johnson suggested that if the Council approves this action that the City utilize an outside labor force instead of in-house so that the City's crews are allowed to go on their their previously planned work. Ken Brees, Street Department Superintendent, explained that the funds to repair the sidewalks would come out of his department and he already has concrete finished employed who could do the work and if an outside contractor was used, he would be paying for it twice. Mrs. Lona described a successful repair effort by a property owner of damaged sidewalk in her District that had presented a problem for many years; and without the City's intervention the problem might still exist. M/S/C(Colvin/Johnson) to require that the resident at 3214 Preble Street make the necessary repairs at his expense. Vote: In Favor: Oppose: Abstain: Overson, Dawkins, Waibel, Homing Long, Colvin, Johnson Crutcher Collins President Hornina requested City Attorney to provide an opinion as the City's responsibility for trees planted in right-of-ways. 8B - CONTINUED PUBLIC HEARING - APPEAL OF SPECIAL USE PERMIT APPLICATION OF PLANNING COMMISSION (APPEAL 3--87) - OLD COCA COLA WAREHOOSM, #AB87-309 The Planning Commission at a meeting on October 20, 1987, tabled the request for a Special Use Permit requesting approval of a list of 26 proposed ~ses to be permitted on the site of the legal non-conforming use. The site, known as the Coca Cola Bottling Company, located tat 1600 12th Street, was vacated in April, 1987, and has one year to obtain another use or the site will revert to R-1 Residential Zoning in April, 1988, and lose the non- conforming statute. The applicant is appealing the Commission's tabled action. President Horninc asked the "Appearance of Fairness/Conflict of Interest" question with all Council members being seated. TAPE #504 City Council Reg. Mtg. Minutes December 2, 1987 Page 9 of 12 Ms McCluskeV, City Clerk, stated this is a continued hearing from November 18. Don Pratt, Planning Director, outlined previous actions which tabled this item for a two week period and is now returned for Council action. During the two week period the Planning Department negotiated with the applicant, which were discussed with the City Attorney, which says that the Planning Department and the applicant now support a recommendation which would approve a Special Use Permit as follows: (1) only general warehousing and distributing type of use shall be permitted except those hazardous materials as determined by the Fire Marshal. An impact analysis shall be developed and approved by the Planning Director. This impact analysis must include study of traffic impacts on site and if these impacts are determined ~o be less the use shall be permitted. (2) landscaping to match that proposed by the School District at the adjacent site shall be provided. Such landscaping shall be in accordance with Sections 750 of the Bremerton Zoning Ordinance providing landscaped setbacks along all property lines where feasible, but not to include a solid fence. (3) Hours of operation shall be limited to 7:00 AM to 6:00 PM. (4) Exterior light shall be non-glare-type and shielded from neighboring properties. (5) Noise eminating from the site shall not exceed permissible levels as stated by the Bremerton Municipal Code (BMC 6.32), state and federal regulations. (6) The site and use shall comply with all other applicable City, state and federal laws. It is the City Attorney and Planning Director's opinions that Council can either send this item back to Planning Commission or because they have reviewed this type of use within their previous deliberations Council can make a decision on the basis of the appeal. This is not considered a new application which has not been heard by the Planning Commission. The specific use being recommended is one of 27 uses which the Planning Commission considered. Mr. Waibel called for a point of order - clarifying the Planning Commissions action to table means that they recommended denial. Don Pratt stated that unless Council upholds the Planning Commissions action, which was to table, a 2/3 vote would be required. Mr. Johnson questioned the proper procedure to move forward on this issue. Mr. Pratt stated that public testimony has been taken and Council can continue where it left off. Reference materials provided to Council two weeks ago can be made available, if needed. Mr. Crutcher opposed Council remanding back to the Planning Commission which would further delay action on this issue and he supported Council having the authority to make a decision on the special use permit whether or not a recommendation had been provided by the Planning Commission,. Mr. Waibel pointed out the Planning Commission action which tabled the issue until such time the applicant requests additional review. Mr. Hornin~ requested clarification as to whether or not the applicant was directed to come back to the Planning Commission with a specific tenant and as the Planning Commission Minutes reflect this is not so. Don Pratt stated it was his recollection they were expecting a specific TAPE #504 City Council Reg. Mtg. Minutes December 2, 1987 Page l0 Of 12 #0241 tenant to be presented for review, however, the motion was to table any action until the applicant requested additional review. Mr. Collins stated that the Operations Committee supported approval of the Special Use Permit, however, as a member of the City Council he did not concur with the recommendation. The reasoning being that the applicant's request for Special Use Permit is the solely perogative of the Planning Commission unless there is a difference and then it comes to the City Council for a final decision. Mr. Overson pointed out that the Planning Commission's function is to protect the citizens in land use situations. They specialize in that consideration that may appear to be red tape but is in fact for the best interest of the City overall. Mr. Colvin questioned the right of Council to remove this item from a "tabled" action of the Planning Commission. Mr. Sievers stated that in a very narrow set of cases it would be appropriate to act if the Planning Commission did not make a procedural motion but supported their tabled motion with adequate findings and conclusions so that the Council could understand that it was in indefinite table and they did not expect it back unless the applicant wished to comply with certain conditions, which' he did not wish to comply with and wanted to appeal. The test is based on findings and conclusions underlying the table action and whether the Council determines that remanding back to the Planning Commission would be a frivolous futile act. Mr. Sievers' stated An his opinion it would be less risky and possibly involve less time to put it back to the Planning Commission and this was discussed with the Planning staff and the applicant, however, they did not choose to proceed in that manner. Je Mrs. Lon~ q stioned if the Planning Commission minutes were transcribed verbatim. Mr. Pratt explained that the text of the minutes were summarized but that the motions would reflect a verbatim statement and that the minutes in i the summary or in the motions made. Ms. Long expressed concern that important'elements may have been is n n st r not the true intent was reflected in the motion as stated. M/S/C(Johnson/Colvin) to uphold the Planning Commission's recommen'dation and to remand back to the Planning Commission. Vote: In Favor: Oppose: Overson, Collins, Colvin, Johnson, Waibel Dawkins, Crutcher, Long, Homing President Hornin~ stepped down from participating in hearing Item 7C due to a possible appearance of conflict of interest. Vice President Waibel assumed the Council President position. 7C - ORDINANCE (FIRST READING) RKZONE R-1 TO B-2 (FILM #RZ3-- 87) APPLICANT: HOME BUILDERS ASSOCIATION OF KITSAP COUNTY, 1AB87-324 On May 20, 1987, the City Council aDDroved the Home Builders' fezone from R-1 to B-2. The first and second TAPE #504 City Council Reg. Mtg. Minutes December 2, 1987 Page 11 of 12 reading of this fezone was subject to the development of a Concomitant Zoning Agreement restricting the site's ingress/egress subject to the Engineering Department's approval. Because the City holds title to the parcel and its sale and transfer is contingent upon the fezone, the City would have to enter and record the agreement. After review by the City Attorney's office, a Concomitant Zoning Agreement is not necessary as ingress/egress and curb cuts are always reviewed by the Engineering Department and approved at their discretion. The ordinance is now being brought back before the Council for approval without the inclusion of a Concomitant Zoning Agreement. Jack Allin~ham, Planning staff, stated that the fezone met all the criteria pertaining to a fezone, it was substantially consistent with the Comprehensive Plan, there were no adverse environmental impacts anticipated, there has been considerable change in circumstance out in the Auto Center Way that would 3ustify the rezone, and that the public interest was found to best served by this. The Concomitant Zoning Agreement was drafted and forwarded to the City Attorney's department which was returned back to the Planning Department questioning about its appropriateness. The ordinance presented to Council is without a Concomitant Agreement. Mr. Overson questioned whether or not the intent of a Concomitant Agreement will be achieved without its present but in fact by the procedures of the City. Ian Sievers, City Attorney, stated that was correct as there were no special reasons requiring a Concomitant Agreement on this fezone. #0919 M/S/C/U(Overson//Colvin) approve Ordinance, on first reading, for the Home Builders Association Rezone from R-1 to B-2, without a Concomitant Agreement. #1021 ?E - ORDINANCE #4134 (SECOND READING) .PROPERTY TAX LEVY, #AB87-319 Mrs. Long restated her opposition to approve this ordinance based on her belief that the previous Council decision was to hold down costs of government to the public and that the Council should continue to support that so that the citizens are not overly burdened. M/S/C(Crutcher/Collins) to approve Ordinance #4134, on second reading, levying Municipal Taxes against all the taxable property within the City limits of Bremerton for the year 1987 and approving the assessment roll made by the Assessor of Kitsap, therefore to be collected in the year 1988. Vote: In Favor: Oppose: Johnson, Colvin, Collins, Homing Waibel, Crutcher, Dawkins, Overson Long With no further business meeting adjourned at 7:55 p.m. ~*HLEEN L. MCCLUSKEY, CITY CLERK TAPE #504 City Council Reg. Mtg. Minutes December 2, 1987 Page 12 of 12 APPRO SP CER HORN 1 President MLM/SH/me ccs: Normal Distribution File/Vault