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HomeMy WebLinkAbout06/26/86#0374 #0387 TAPE #353 CITY COUNCIL MEETING MINUTES june 25, 1986 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, June 25, 1986, at 5:30 p.m. with Council President Spencer Morning presiding. Council Members present were Lon Overson, Morrie Dawkins, Marry Crutcher, "Tiny" Collins, Russ Johnson, Mary Lou Long and ~1 Colvin. Also present were City Attorney Bill Broughton and City Clerk Kathleen McCluskey. Absent was Hank Waibel. The meeting opened with the Pledge of Allegiance led by President Homing and giving the Invocation was Chaplin Ron Hadwall, Puget Sound Naval Shipyard Base Chapel. Mr. Horning noted that items #2A - Minutes and #8A - Emergency Management in Kitsap County, have been pulled. CONSENT AGENDA Item #B - Bid Award Recommendation - Timber Sale 2-86 "Hind", #AB86-232; Item #C - Bid Award Recommendation - Timber Sale 3-86 "Jigsaw", #AB86-233; Item #D - Change Order No. lO to Contract C-11, #AB86-234, increased the total contract in the amount of $46,858.07 for a final contract amount of $554,658.07 which represents an 8.45~ increase overall; Item #E - Acceptance of Contract C-ll, Pump Station 3 - #AB86-235, as complete by Pease & Sons, Inc.; Item #F - Change Order No. 21 to Contract C-5, #AB86-236 represents a final contract amount of $1,341,261.77 for a 10.62~ increase overall until completion, and Item #G - Acceptance of Contract C-5, Pump Station #4, #AB86-237 as complete. · M/S/C/U/(Collins/Dawkins) to approve the Consent Agenda as presented. CLAIM/WARRANTS 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 Counc i 1. · M/S/C/U/(Johnson/Crutcher)on June 25, 1986, the Council does approve for payment those vouchers included and further described as follows; Regular Warrants, #20734 - #20869, in the total amount of $194,924.83. VOTE: In favor: Overson, Dawkins, Crutcher, Collins, Colvin, Johnson a Horning Abstain: Long Motion PASSED. PUBLIC RECOGNITION - None COUNCIL MEMBER REPORTS Mr. Colvin reported that he is attending the Association of Washington Cities (AWC) Convention being held in Tacoma this week and finding it very informative. Mrs. Long also is attending the AWC Convention and spoke on Governor Gardner's speech today. She felt the City should attempt, if funding if available, to send all newly elected officials after coming into office. Mr. Crutcher thanked Mr. Baker, Acting Engineer, for; (1) seeing that junk cars have been removed from his district; ('2) that the Residential Permit Par~ing request by a #0749 TAPE #353 City Council .~?.e.g- Mtg. Minutes ~ June 25, 1986 a report of sewer odor aqt 15th & Park was taken care of by Mr. Ken Mackenzie, and that Mr. Crutcher artended a Parks Commission meeting on June 24th. Mr. Dawkins announced that it is official that the State Ferry System has procuffed its first Catamaran type vessel which will be here and put into service in the fall. He commended both the efforts of Mr. Jack Maher, Waterfront Development Manager and Mr. Don Pratt, Planning Director for their perseveranceI in seeing the project through. Mr. Overson artended an Investment Committee meeting on june 19th and a report is available to constituents in their baskets. INFORMATION ITEM - INVESTMENT COMMITTEE POLICY, #AB86-238 Council was furnished copies of the investment policy, adopted by the Investment Committee as directed by Ordinance #3955 and the financial policy manual. The policy is intended to provide guidelines for the investment of City funds. BUDGET ADJUSTMENT - JOB CLASSIFICATION REVIEW, #AB86-239 Through contract negotiations with Teamsters Non-Uniformed Personnel, the City agreed to perform a Wage & Classification Study. The City approved and Agreement with Fred S. James Consulting Service to perform the study. In order to fund costs of the study, the Budget Adjustment Request assesses each General Fund department for its share of the estimated (unbudgeted) cost, based on the number of authorized positions minus elected positions. Total General Fund payments are estimated at $19,179. It is felt that with the reduced costs of medical coverage, the surplus funds can be used for this purpose which will not increase or decrease any fund but does require City Council approval. A review established that the City Auditor ' s budget and Block Grant Coordinator ' s budget should not be d~bited, therefore they are excluded from the budget adjustment reques t. · M/S/C/(Dawkins/Collins) to approve a Budget Adjustment Re- quest reducing Medical Insurance appropriations for several General Fund departments and increasing General Fund Non- Department Operations, Professional Services by $19,179.00. VOTE: In favor: Overson, Dawkins, Crutcher, Collins Long, Johnson a Homing Abstain: Colvin Motion PASSED. SALE OF SURPLUS REAL PROPERTY - MANETTE FIRE STATION, #AB86- 240 City Council .~reviously declared Lots, 1,2,3, & 4 Manette, 16th a Ironsides excess to its needs and approved surplus action. Call for sealed bids earlier this year produced no results and property has remained on the market. Mr. & Mrs. Paul Schmidt recently submitted a bid, based on the appraised market value of $27,900. Contract terms were tentatively agreed to, upon Council ' s approval, and a Contract would need to be drafted by the City Attorney ' s offices. Mrs. Long felt the City should not sell-off its real estate holdings and could it look into repairing the building, possibly opening an Art Center or some other Civil Center. Ms. McCluskey explained the lengthy negotiations during 1985 whereby the City attempted to assist groups such as the ALIVE Shelter, Camp Fire and Girl Scouts in renovating and City Council Reg. Mtg. Minutes June 25, 1986--, -- Page 3of8 maintaining the building. Basically groups wanted 'rent-free facilities and could not procure the funding to bring the facility up to code, e~en with the assistance of the Kiwanis organizations in the area. Mr. Dawkins asked if, under the Zoning Ordinance, someone could construct a residence and run a home business at this location with Mr. Pratt stating yes. Mr. Johnson noted that Council has implemented a long range program which included the proper hearings, etc. to decide on the disposition of' many of the City's surplus holdings. He felt the City cannot afford to keep all property on the theory that "it may someday be needed" because it is too costly. Further many of these surplus facilities are becoming large liabilities for insurance coverage. Mr. Overson agreed and affirmed the surplus was in the best interest of the City. Mr. Colvin was concerned · that maybe the City was trying to run its operation on selling property which he objected to. #1192 · M/S/C/(Overson/Collins) accept and award the sale of proper- ty described as Lots I to 4 inclusive, Block 3, Plat of Manette Improvement and Investment Company's First Addition (Surplused Fire Station #3), recorded in Volume 3 of Plats, paqe 24, Records of Kitsap County, Washington, to Paul and Mary Schmidt in the amount of $27,900 and direct the City Attorney to prepare and execute contract documents. VOTE: In favor: Overson, Collins, Colvin, Johnson TAPE #354 Opposed: Abstain: Motion PASSED. & Homing Long Dawkins a Crutcher #0008 · M/S/C/U/(Johnson/Collins) to direct that the proceeds of the sale be credited to the General Fund Cummulative Reserve Fund. ORDINANCE (FIRST READING) COUNTY, #AB86-189 Pulled indefinitely. EMERGENCY MANAGEMENT IN KITSAP ORDINANCE (FIRST READING) REZONE FROM R1 TO B2, CHRISTMAN REZONE, 1145 BROAD STREET, #AB86-241 The Planning Commission, per its Resolution #784 recommended approval of the subject site from Residential One to Business Two. City Council approve the fezone at its meeting May 28, 2986, and needs to have City Council approve and pass an Ordinance to legally take effect. Mr. Homing asked for a legal opinion as to procedural format. He understood that Council need not take public input at the first and second readings of the Ordinance, once the Council has approved a fezone during the Hearings process. City Attorney Bill Brouqhton stated he felt that this is correct and only fair to those who testified during the Hearing process. It would be unfair to require individuals to keep attending meetings for ordinance readings, etc. in order to protect their rights. Therefore Public input would be inappropriate unless they are addressing Hearing procedures or form. Mr. Coivin asked if Council would be discouraging input with Mr. Broughton clarifying that input is done at the time of the Hearing and once passed the Ordinance readings merely put into law the Hearing results. Mr. T.F.Drake, Phinney Bay Neighborhood, suggested addresses be entitled on the Agenda Bill and Agenda for easy identification. #0447 · M/S/C/(Collins/Colvin) to approve and Ordinance (first read- ing) amending the use and area maps of Ordinance 1792 upon City Council Reg. Mtg. Minutes June 25, 1986 Page 4 of 8 application of fezone from Residential One (R1) to Business Two (B2) and subject to various requirements and other applicable laws and regulations, (Christman Rezone) - 1145 Broad Street. Mr. Overson noted a typing error, page #54 (Planning Amended Zoning Map #394) that Rezone should read "R1 to B2", deleting "M" designation. Correction noted. ORDINANCE (FIRST READING) REZONE FROM R1 TO M - FLOOR DECORATORS, NO. OF INTERSECTION OF AUTO CENTER WAY & ROGERS, #AB86-242 The Planning Commission per Resolution #779 and City Council action on ,May 28, 1986, approved a Resone from R1 to Manufacturing (M) for Floor Decorators at the North Intersection of Auto Center Way & Rogers. This ordinance must be approved and passed by the City Council before it will take effect. Mr. Hornin~ stepped down from the first reading with Mr. Johnson assuming the chair due to conflict question which arose during the Hearing. #0507 · M/S/C/U/(Collins/OversOn) to approve Ordinance (first read- ing) amending the use and area maps of Ordinance #1792 upon application of fezone from R1 to M and subject to various requirements and other applicable laws and regulations - North of Intersection at Auto Center Way a Rogers - (Floor Decorators Rezone). Mr. Homing returned to the meeting. ORDINANCE (FIRST READING) REZONE FROM R1 - M, JANRON-BURLEY REZONE S.E.CORNER OF AUTO CENTER WAY a WESTERN AVENUE, #AB86243 The Planning Commission per Resolution #?80 and City Council at its May 28, 1986, meeting approved a fezone from R1 to Manufacturing (M) at the S.E.Corner of Auto Center Way a Western Avenue and an Ordinance must' be approved and passed by Council before the fezone takes effect. #0586 · M/S/C/U/(Colvin/Crutcher) to approve an Ordinance (first reading) amending the use and area maps of Ordinance 1792 upon application of fezone from R1 to M and subject to various requirements and other applicable laws and regulations (Janron-Burley Rezone). RESOLUTION #2122 COUNCIL BUDGET GOALS a OBJECTIVES, #AB86- 244 Each year the City Council provides Goals and Objectives to guide and assist the City Administration assembling a budget that will support Bremerton',s progress. This represents the recommended Fiscal Year 1987 Goals and Objectives which were written by the Fiscal and Budget Committee and presented by the Committee as a unanimous recommendation to adopt. Mrs. Long requested the short description be read into the record listing the G & O's: 1. Enhance the economic base 'of the City in such a manner that it is less dependent on the scope of operations of the Puget Sound Naval Shipyard and other Naval activities in the area. 2. Increase the efficiency of the Municipal Government. 3. Realize increased returns from the assets of the City in order that the highest quality services can be provided the citizens at the lowest possible cost. TAPE #3''~ City Co-.,cil Reg. Mtg. Minutes June 25, 1986 Page 5 of 8 4. Establish effective relationships with other governmen- tal entities to further improve the quality of life of the Citizens of Bremerton. 5. To decrease the liabilities of the Citizens of Bremerton from the City's properties, activities and actions. 6. To establish effective internal control mechanisms throughout the Municipal Government structure, and, 7. To identify means and implement programs to maintain valuable social and recreation programs in the City with the prospect of significantly decreased federal, state and local subsidies and grants. · 0746 · M/S/C/U/(Johnson/Colvin) to adopt Resolution #2122, esta- blishing the Budget Goals and Objectives of the Bremerton City Council for fiscal year 1987. Mr. Homing noted that Agenda Bill Items #9B and #9C are dealing with similar problems on separate parcels of property and will be presented jointly with action taken in two separate motions. Meeting RECESSED from 6:40 p.m. to 6:55 p.m. CHANGE IN LAND USE RESTRICTIONS - ORDINANCE #3537, JOE MENTOR, #AB86-246 CHANGE IN LAND USE RESTRICTIONS - ORDINANCE #3536, JOE MENTOR, #AB86-247 The proposed Change in Land Use Restrictions to Ordinances #3537 and #3536 is to eliminate the requirement to provide access to McKenzie Avenue from the proposed parking lot. The Planning Commission discussed the following issues on both requests: 1. Lack of enforcement of previous rezone condition; 2. Lack of action by the applicant to improve parking lot; 3. Access impacts on property owner abutting alley; 4. Traffic circulation for the block from 9th to 11th Sts. The Planning Commission recommended denial per Resolution #787, 8 to 0 Vote. Mr. Dave Hanna, Planner presented Staff report which included overview and photos of the subject site. Proponents Testimony: Mr. Joe Mentor, 8567 Tracyton Blvd.. N.W., Owner of Property, noted that the original fezone was granted in 1979. He stated that he merely wants the City to treat him the same as Puget Power who recently made parking lots that were ~nly graveled. He stated he wanted the ramp access off McKenzie deleted as a condition because it was unrealistic and his neighbors and the present Planning Staff/Commission had no objections to this request. Mr. Duane Grindinqer, 920 McKenzie, stated he had no objections to Mr. Mentor's request but if granted a building permit in the future, he requested that a condition be attached to reinstall the greenbelt. Opponents Testimony: Ms. McCluskey read into the record a letter opposing granting a Land Use change unless there are restrictions per either Ordinance #3537 or #3536 with the following signatures: TAPE.~k354 City ioncil Reg. Mtg. Minutes June 25, 1986 Page 6 of 8 Shirley Stadler, 908 Park Avenue Dr. Lois M. Somerville, 930 Park Avenue C.Larson, 930 McKenzie Ms. Adelalde Larson, 903 McKenzie Ms. Helen Anderson, 912 Park Avenue Ms. Jeny Lewis, 914 McKenzie Avenue Mr. Larry Schwach, Silverdale, WA Ms. Elizabeth Buell, 1722 High Mr. Joseph Stadler, 908 Park Avenue Mr. John Durst, 7103 E. Springhill Rd. (Owner of Property adjacent to subject site, felt since Mr. Mentor did nothing until the abatement order was received in March, that this request should be denied. Further he complained he cannot now identify his property line and that trees were removed on his property for Mr. Mentor's parking lot. Ms. Shirley Stadler, 906 Park Avenue questioned Mr. Mentor's good faith. Mr. Joe Stadler 908 Park Avenue, where is Mr. Mentor's site plan for parking lot? Was concerned about drainage, required greenbelt and what type of fencing will be installed. Ms. Elizabeth Buell 1722 High Avenue, had no objection to removal of previous condition (ramp from McKenzie) but felt conditions should be attached to be sure Mr. Mentor complies. #2287 Mr. Mentor responded that he felt he should not have to pave the parking lot as Puget Power did not have to. Mr. Hanna responded that Puget Power applied for its permits before the new Zoning Ordinance was in effect therefore they could use crushed rock as a surface. Mr. Mentor would be required to use asphalt and that other conditions such as proper drainage, greenbelt, fencing, etc. would all be needed to be done before a building permit would be issued. If not done by September, legal proceeding to abate would again be entered into. Mr. Hanna further stated that there was never a record of parking there in the first place, nor a permit to clear a parking lot on subject site. Mr. Johnson noted that Mr. Mentor will be required, under the new laws, to bring this property up to code and it will be Planning departments responsibility to enforce and keep Council advised as to his progress before the September deadline. Mr. Johnson asked who was responsible for pulling the original order to abate with Mr. Pratt stating he made the determination in hopes that this property could once and for all be brought up to code. Discussion followed with most of the Council agreeing that if approved, Mr. Mentor would need to comply by September, all conditions required to bring the property up to code or that Abatement proceedings could then be implemented, resolving the problem the neighbors have .experienced the past few years. #2907 e M/S/C/(Collins/Crutcher) to approve Change in Land Use Re- strictions Ordinance #3537 deleting the requirement that a ramp be installed off McKenzie to subject site and that this approval include all present requirements in the Parking Lot Ordinance. #3001 · M/A/D/(Long) that the City Council require Site Plan appro- val. NO VOTE ,~ DIED for lack of second. VOTE ON ORIGINAL MOTION In Favor: Overson, Dawkins, Crutcher, Collins, Colvin, Johnson & Homing Opposed: Long Motion PASSED. TAPE #~155 City~ ncil Reg. Mtg. Minutes June 25, 1986 Page 7 of 8 TAPE #355 #0132 · M/S/C/(Collins/Overson) to approve Change in Land Use Re- strictions deleting the access requirement per Ordinance #3536, and require signing, paving and speed bump for the alley from 9the to llth Street, between McKenzie and Park, deleting the requirement that a ramp be installed off McKenzie to subject site and that this approval include all present requirements in the Parking Lot Ordinance. VOTE: In favor: Overson, Dawkins, Crutcher, Collins, Colvin, Johnson & Homing Opposed: Long Motion PASSED. COMPREHENSIVE PLAN, #AB86-245 The adoption of the 1980 Bremerton Area Plan is out of date. The Plan provides for an update at least every five years. The City Council appointed an Advisory Committee in January 1985, to recommend revisions to the Plan. The Advisory Committee sent its recommendations to the Planning Commission in the fall of 1985. A final EIS was issued on the proposed revisions on January 20, 1986. The Planning Commission held several hearings on the Advisory Committee's recommendations during the winter of 1986, and forwarded its recommendations to the City Council in March. The City Council Planning Committee has been reviewing the proposed Plan since February. The recommendations were provided in Council's packets. A format was established which includes a presentation by Mrs. Long, Public input, Council remarks and continuation of this Hearing on July 9th. Present to offer Staff input was Assistant Planning Director John Dewhirst and Senior Planner Kay Wilson. Mrs. Long gave background information on the content of the Plan, why it is needed, how it was developed and Planning Subcommittee recommendations. A copy of the Comprehensive Plan Presentation is available in the City Clerk's office (outline form). Public testimony centered on three main issues that directly concerned the citizens testifying to include (1) Opposition to the increase in density in the Sheridan Neighborhood (Lebo Blvd. area); (2) change in conformity/non-conformity of Bremerton Concrete Products, Thompson Drive, and (3) area designated as Park land on North Wycoff. Those in opposition to HIGHER DENSITY - SHERIDAN NEIGHBORHOOD were as follows: Mr. Kenneth Johnson, Mr. TerrV Olsen, Mr. Norm Cook, Mr. Carl Rhodes, Ms. Barbara Rhodes, Ms. Ann Haven, Mr. Guthrie Cain, Ms. Marjorie Peterson, Mr. Tom Rechnaqle, Ms. Janice Walker, Mr. Warren Watson, Ms. marqaret Carey, Ms. Kate Natter, Mr. Owen Tripp, Mr. Fred Johnson and Mr. Ivan Trimbell. Those in opposition to CHANGING THE DESIGNATION OFF THOMPSON AVENUE to Residential/Medium Industrial were: Mrs. Elizabeth Buell, Mr. Norman Walton, Mr. Frank Musial, Mr. Georqe Gaqe, Mr. David Murphy and Mr. Paul McConkey. Mr. Musial stated he and his Neighbors met with Mr. McConkey, Owner Bremerton Concrete Products, and cannot see any reason why the designation needs to be changed. Mr. McConkeV stated he was very concerned that he has worked a lifetime to build business and would be upset to think it cannot be operated as a business once it is sold. The value would be zero. He requested Council's reconsideration as he has made every attempt to improve his operations, purchased land from Lent's which has improved the noise pollution and work with the neighbor. He was supportive of medium industrial TAPE-1355 & #356 City ancil Reg. Mtg. Minutes June 25, 1986 Page 8 of 8 designation. Those in opposition to DESIGNATING AREA AT 25TH & 25TH WYCOFF AS PARK were: Mr. Norman Walton (letter on file in the Clerk's office) and Mr. T.F.Drake. Both felt the the property valuations immediately decline because no one would want the property. Other issues with opposition and those addressing their opposition included: Mr. James Robinson, who was concerned about an unfair designation of property owned north of his business on Kitsap Way. Mr. Glenn Vockrodt has several complaints and felt the Planning Staff really are not analyzing the Bremerton needs. Mr. Jim Strait felt that the 3' vs 5' requirement from the property line was too small and could put two houses, constructed after this Plan is in effect within 6' apart. He felt it was inadequate to even maintain the repairs and maintenance on a residence. Finally Mr. Theodore F. Drake address the issue of the increased density on main highway coming into the City such as Wheaton Way (a/ready major problems) and Kitsap Way which is now experiencing problems. TAPE #356 Ms. McCluskeV noted for the record, a letter received from the Suquamish Indian Tribe, regarding concern for rivers, tributaries, etc. that house spawning salmon and that the City consider adequate measures to protect this wildlife. Mr. Homing asked if Council would consider postponing discussion and continued the Hearing until July 9th meeting. Those commenting were Mr. Colvin who commended the efforts of Planning Commission, Staff, Council Planning Committee and those citizens coming before Council this evening. Mr. Collins was not to concerned that immediate density problems would occur in the Sheridan Park Neighborhood because not that many want to sell. He was in favor of continuing the Hearing. Mr. Overson felt the Council and Citizens are really close to agreement with possible minor changes as addressed tonight. Mr. Johnson did not agree and was concern that possibly the Kitsap Lake Neighborhood could be excluded until the Plan was in effect for six months. He felt the Kitsap Lake Watershed needs to be addressed regarding Industrial development in that area and not sure he would support the draft in its present form. #0339 · M/S/C/U/(Long/Colvin) to continue the Hearing on the pro- posed Comprehensive Plan until City Council meeting July 9, 1986. With no further business, meeting adjourned at 10:17 p.m. APPRO : ~ ~ CER HOR~f el / KLM: SH/cjs cc: Normal Distribution Fi le/Vaul t KATHLEEN MCCLUSKEY, City Clerk Director of Administrative Services President