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HomeMy WebLinkAbout07/02/86#357 CITY COUNCIL MEETING MINUTES ~,~ JUly 2, 1986 r3~L ' (,9 ~ 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 2, 1986, at 5:30 p.m. with Council President Spencer Homing presiding. Council Members present were Lon Overson, Morris Dawkins, Marry Crutcher, "Tiny" Collins, Russ Johnson, Hank Waibel and A1 Colvin, Also present were City Attorney Bill Broughton and Deputy City Clerk Gil Johnson. Absent was Mary Lou Long. The meeting opened with the Pledge of Allegiance led by President Homing and giving the Invocation was Rev. Mark Miller, First Covenant Church. Mr. Hornin~ noted that item #TB - Ordinance (first reading) providing for a service charge for Street lights was pulled. CONSENT AGENDA Item #A - Minutes of Meetings held on June 18th and JUne 25, 1986, #AB86-231; Item #B - Change Order No. I to Contract #2692 - Washington Avenue Retaining Wall, #AB86-248; Item #C - Bid Award Recommendation - Travel Agency Services (Doug Fox), #AB86-249; Item #D - Transfer of Ownership - Minard Road to Kitsap County, #AB86-250 and Item #E - Call for Bid - Contract C-15 Beach Pipeline & Storm Sewer 0utfall, #AB86-251. #0048 · M/S/C/U/(Waibel/Johnson) 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 c/aims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. #0074 · M/S/C/U/(Colvin/Crutcher)on July 2, 1986, the Council does approve for payment those vouchers included and further described as follows; Regular Warrants, #20877 - #21189, In the total amount of $266,699.82 and Pre-Written Warrants #20870 - #20871 in the total amount of $4,762.13. #0083 · M/S/C/U/(Johnson/Dawkins) on July 2, 1986, the Council does approve for payment those' vouchers included and further described as follows; Payroll Warrants in the total amount of $301,034.80. COUNCIL MEMBER REPORTS Mr. Crutcher noted that he artended church hervices with Seattle Councilman Norm Rice who was in Bremerton. Mr. Rice spoke regarding "Youth & Crime". Mr. Crutcher noted that a crime was committed in his district this past week and the neighbors have expressed concern that it is attributed to poor lighting in the area. Mr. Waibel stated he had no report because he was on a fishing trip. Mr. Collins asked constituents to recognized Mr. Colvin's birthday by singing "Happy Birthday". Mr. Colvtn thanked the City and Council for sending ham the the Association of Washington Cities Convention this past week. He suggested that constituents could offer a better means of communication with their'distrActs by recommending those interested in receiving Council agendas, provide the TAPE #357 City Council Reg. Mtg. Minutes July 2,. 1986 Page 2 of 8 administrative staff with a supply of self-addressed, stamp envelopes. Mr. Johnson reported on last weeks Cable Communications committee meeting where the agenda presented the program to City Staff, Parks Department, Library and Ol~nnpic College representatives in a seminar held this past Thursday. He felt the tentative programming was well received and noted that the "Character Generator" is due to begin broadcasting on July ?th. He also spoke in support of Mr. Norm Rice, Seattle City Council, who assisted in advising the Bremerton Council on implementing it's Fiscal & Budget Committee. Mr. Rice formerly held this position in Seattle as a Councilman. Mr. Overson reported on the recent Investment Committee meeting and noted the change in meeting date to the 1st and Srd Tuesdays of each month. This will parallel the Investment Committee meetings which is made up from the same Individuals. Mr. Horning reported on attending the "American Leadership Conference" in Washington D. C. and highly recommended attendance should the opportunity to arise. He stated that the City did not have to bear the costs. PUBLIC RECOGNITION COMMENDATION - BREMERTON FIRE DEPARTMENT Leonard Marks, Fire Chief presented City Council with an incident report occurring on June 19, at 9:30 a.m. when two young male boaters were capsized on Kitsap Lake. Through the efforts of Mr. Ted Blanken and Mr. Ted Wheeler, who went to the rescue of the young men, they were able to hold them above water until other rescuers were oR the scene. Also, Mr. Tom Ellinaton (off-duty Firefighter) and his cousin Mr. Kenneth Hand, saw the incident -and prepared a boat for the Rescue II crew to utilize when they appeared on the scene. Mr. Stanley PlVler, Station Company #2 Responding, noted that one of the individuals rescued was a/ready experiencing hypothermia and had it not been for the efforts of the four men listed above, the men may a parished~ Chief Marks presented each with a signed Commendation from the City of Bremerton for their "Life Saving" action on June 19, 1986. KITSAP LAKE PARK DEVELOPMENT, #AB86-252 Mr. Ray Foley and Ms. Arvilla Oldhe, Superintendent and Assistant Supertntendent/P~rks Department, presented a "Comprehensive Development Plan" (Site Plan) for Kitsap lake, which was a condition of receiving Grant Funds for the Restoration Analysis and Watershed Management Plan. The Parks department is resubmitttng the development project for the boat launch ramp which includes a restroom, fishing pier, day use and boat trailer parking, landscaping and picnic areas. Estimated cost of the project is $200,000.00 with a 25~ local match required ($50,000.00) and available within .the 1986 Park Facility Construction Fund 304. Both the Parks and Recreation Commission and the Kitsap Lake Neighborhood Association have reviewed the development plans and are supportive of the proposed development. Mr. Johnson stated he has met with groups in his district, particularly the Kitsap Lake Neighborhood Association and .they are supporting the Plan. The only concern that they wanted to address after hours was security, to preclude wild parties, etc. Mr. Foley etated there will be allowances for changes in the Plan which could include fencing which will not effect the application. TAPE #357 City Council .~g. Mtg. Minutes July 2, 1986 Page 3 of 8 #0802 #0815 · M/S/C/U/(Johnson/Colvin) to approve the Site Plan for the Kitsap Lake Park Development. RESOLUTION #2123 - AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR KITSAP LAKE PARK DEVELOPMENT, #AB86-253 The Parks department is preparing an application to the Interagency Committee for Outdoor Recreation (I.A.C.) for funding assistance for this development. The local government body must adopt a Resolution authorizing the application for funding assistance and to assure availability of the local share of the cost. · M/S/C/U/(Johnson/Waibel) to approve the authorization to make application for I.A.C. funding assistance and to assure the availability of the local share of the project cost (funded in the 1986 Budget). AUTHORITY TO EXTEND HOUSING REHAB LOAN PROGRAM MANAGEMENT CONTRACT #AB86-254 Mr. Don Pratt, Planning Director, noted that recent shortage of Staff, particularly Mr. Joe Fabre', due to illness, has necessitated a request to extend for one-month, the Phoenix Group contract in the amount not exceeding $4,000.00. This program is scheduled to be run "in-house" within the near future eliminating the contract completely with Phoenix Group. This request is to see the City smoothly through the transition because of lack of staff availability. He stated the division is presently working on a major loan from the State and that funds are available in the 1986 Budget therefore no impact on the Planning budget. Mr. Pratt responded to Mr. Hornin~'s question that Mr. Fabre' will be the Director of the program. #0945 · M/S/O/U/(Crutcher/Dawkins) to approve-authorization direct- ing the Mayor to extend the Housing Rehabilitation Loan Program Consultant Management contract with the Phoenix Group for 1-month at an amount not to exceed $4,000.00. INCLUSION OF VIEW CREST NEIGHBORHOOD IN STATE RENTAL REHAB PROGRAM TARGET AREA, #AB86-255 Mr. Pratt noted three areas of concern; (1) the State Rental Rehabilitation Program can only be used in a target area designated by the City. These areas must conform to HUD and State Rental Rehab Program Socio-Economic Standards; (1) The View Crest Village area is not currently in the target area but does meet HUD and State Rehab standards for inclusion, and (3) the Planning department has identified a substantial quantity of housing units wfiich meet the objectives of the State Rental Rehab Loan Program. Mr. Pratt further stated that the target area was mainly based on the demographics of the 1980 Census. Also that the State has $100,000 available for this loan and if awarded to the City of Bremerton there will be more available. Some discussion followed as to why the area across Sylvan was not included with Mr. Pratt stating that It would be up to the lndivldual property owners to challenge non-inclusion of their properties on the basis of the target area density and demographics. #1263 · M/S/C/U/(Waibel/Dawkins) to approve the addition of the View Crest Village Neighborhood - bounded by Wheaton Way to the West, Sylvan Way to the South, Ivy Road to the North, and Petersville Road to the East to the State Rental Rehab Target Area. RESIDENTIAL PERMIT PARKING PETITION - 9TH STREET FROM HIGH TO VENETA, #AB86-256 Mr. Dave Baker, City Engineer, noted that the above Parking Petition was reviewed by the Engineering Department with the TAPE #357 -- City Counci~ sg. Mtg. Minutes July 2, 1986 Page 4 of 8 Study showing-that an average of 30 vehicles have been parking in the area and 75~ of them are non-residents. The area is impacted by commuter parking and the Engineering department recommended the Petition be approved. Discussion followed as to the need to "clean-up" the Ordinance relating to Residential Parking with Mr. Overson stating that the Council must start dealing with the problem. He said the City is "shuffling, not solving the problem" and should soon be addressed. #1364 · M/S/C/U/(eolvin/Crutcher) to approve Residential Parking Permit Petition, 9th Street from High to Veneta for 2 hour limit. RESIDENTIAL PERMIT PAREING PETITION - SOUTH SIDE BURWELL FROM ANOEA TO STATE, #AB86-257 Mr. Baker, City Engineer 'noted that this Permit Parking Petition was reviewed by the Engineering department and does not meet the conditions of Ordinance No. 3437. The area is not impacted with commuter parking and the area is presently posted 2 hour parking 8:00 a.m. to 7:00 p.m. However the City Clerk felt that if the area was not posted 2 hour limit, it would undoubtedly be impacted due to its close proximity to the Shipyard. Engineering department recommended denial with the City Clerk recommending approval. Mr. Waibel, Mr. Hornin~ & Mr. Colvin all felt that Mr. Overson's comments were well noted. Discussion followed to denied this request until the conditions of ordinance No. 3437 are revised. #1786 · M/S/C/U/(Waibel/Johnson) to direct the City Attorney's of- fice to redraft Ordinance #3437 to include verbiage allowing a variance. #1842 · M/S/C/(Dawkins/Johnson) to deny the request for Permit Park- ing Petition - South side of Burwell from Anoka to State Street until Ordinance #3437 can be redrafted, providing a variance, and timely return to City Council for approval before reconsideration. VOTE: In favor: Overson, Dawkins, Crutcher, Waibel, Col/ins, Johnson & Horning Opposed: Colvin Motion PASSED. REQUEST FOR (FIRST READINO)-ORDINANCE - FRANCIS REZONE, #AB86-265 Ms. KarlVn HaberlV, Counsel for Mr. & Mrs. Francis and son Alan Francis, stated that it is their position that Council should commence with the first reading of the "Francis -Rezone" because the former City Council held a Hearing on December 11, 1985, approving the Rezone, overturning the recommendation of Planning Staff. She stated that the scheduled first reading of the ordinance for this rezone was April 16, 1986. Council violated the City Charter by discussing the fezone without having properly notified the appropriate parties involved. Council's decision, at that time, was to remand it back to another Hearing, scheduled- for' this evening. She recommended that Council cancel the Hearing and proceed with the first reading of the ordinance. Bill Brouahton, City Attorney stated that Ms. Haberly's opinion was correct, because the Council reopened the Hearing without the property owners being given notice. However there were options the City Council could consider. (1) Cancel Hearing and proceed with First Reading, or (2) Proceed with the Hearing scheduled tonight, which Council TAPE #357 -~ City Council ~g. Mtg. Minutes July 2, 1986 Page 5 of 8 has the right-to do. Mr. Hornin~ asked Mr. Dave Hanna, Planner, if this evening's Hearing was given proper notification and publication with Mr. Hanna responding affirmatively. Discussion followed with several of the Council requesting further information on the fezone and suggesting proceeding with the Hearing. #2466 · M/S/F/(Overson/Col!ins) to cancel the Hearing, schedule for this evening and proceed with the first reading of the Ordinance - Francis Rezone. ~ VOTE: In favor: Overson and Dawktns Opposed: Waibel, Collins, Johnson, Colvin, Crutcher & Homing Motion. FAILED for lack of majority. Mr. Homing stated that this Agenda Item will be placed according to the Agenda as published. HEARING - REQUEST FOR REZONE FROM R1 TO B2 - KITSAP COUNTY HEALTH DEPARTMENT, AB86-221 Mr. Hornina who sits on the Health Department Board of Directors and Mr. Dawkins who was seated on the Board, during actions affecting this fezone, both stepped down with Mr. Johnson assuming chair of the meeting. The Bremerton Planning Commission recommended and approved a request for Rezone from R1 to R2 for the KitSap County Health Department even though the application for fezone requested originally was for a B2 designation. The Commission did not feel the application warranted a B2 fezone and per Resolution #786 the Commission recommended denial of the requested B2 designation and approval of R2 which would satisfy the needs of the Health Department for. remodeling and renovation purposes of the existing building at 109 Austin Drive, Mr. Dave Hanna, Planner, outlined the position of the Planning Commission and reasoning behind their recommendation, (on file in the Planning Department). Mr. Norm Olson, Consultant for the Health Department, etated the purpose of the Rezone was to enable the Health Department to add an additional 4,800 sg. ft. to the exiting building site. Mr. Jim Strait, Kitsap Lake Neighborhood Association, 6530 Hatlow Drive, could not see why the need for a fezone since that building has been on the subject site since World War II. He felt his constituents had no objection to expansion. Mr. Olsen added that-if the site is not used for Public Health it would revert back to GSA possession. TAPE #858 #0101 · M/S/C/U/(Crutcher/Overson) to uphold the Planning Commission recommendation, denying the request for fezone from R1 to B2 and approval of a fezone from R1 to R2, Bremerton/Eitsap County Health Health Department, 109 Austin Road. Meeting RECESSED from 7:05 p.m. to 7:20 p.m. Messers Homing & Dawkins returned to the meeting. HEARING - REQUEST FOR REZONE FROM R1 TO B2 - ST. PAUL'S EPISCOPAL CHURCH, #AB86-222 The Appearance of Fairness/Conflict question was asked with all Council remaining seated. At it's Aprll 29, 1986, meetlng the Planning Commission recommended approval for a requested fezone from R1 to B2 for St. Paul's Episcopal Church located at 700 Callahan Drive. There were no special lssues raised with thls fezone action and Mr. Dave Hanna stated that the intent of the applicant was to conform more with the existlng zone TAPE #358 City Council t{eg. Mtg. Minutes July 2, 1986 Page 6 of 8 designations in the area. Mr. Max Briaht, 3010 Helm, stated he supported the proposed fezone. #0226 · M/S/C/U/(Waibel/Dawkins) to approve request for fezone from R1 to B2 - St. Paul's Episcopal Church, 700 Callahan Drive between Clare and Hemlock. HEARING - REQUEST FOR REZONE FROM R1 TO R2 - HOWARD & ESTHER FRANCIS, #AB86-288 - 870 SYLVAN WAY The Appearance of Fairness/Conflict question was asked with all Council remaining seated. Mr. Dave Hanna noted the decision to re-hear this fezone was made earlier in the meeting to allow new Council members a better understanding of the issues surrounding this request. He listed the four criteria which was the basis for the recommendation by the Planning Commission and Planning Staff (Resolution #?68 on file in the Planning department). He noted since the original Hearing the owner did not pursue application for a PUD. Mr. Alan Francis (Applicant's Son) noted that the intent is to construct 'either a retirement home or residential complexes which is well suited for the area in question. He stated it is close to Schools, Mercantile and Transportation and the owners are anxious to develop the subject site. Ms. KarlVn HaberlV stated the applicant, in her opinion, does meet the criteria of '*Public Welfare" as there iea need for new, moderate priced housing in this area. The surrounding area, especially the area bordering County property is more densely populated and being developed with less restriction than the owner is willing to do within the city. In response to inquiry, Mr. Hanna stated the figures limiting density are determine by "SEPA" (State Environmental Policy Act) which limits to 20 units per acre. Mr. Johnson stated he previously voted against this fezone request because of concern for the parking problems. Mr. Hanna stated that the Parking Ordinance is in effect and will address those concerns automatically. Mr. Johnson stated he would support this time with Mr. Hanna also noting that height restrictions and other issues would be covered under the new Zoning Ordinance. When asked if a Concomitant Agreement could be part of the approval, Mr. Don Pratt, Planning Director, stated he was reluctant to have an agreement as part of the approval without having a prepared document in place, upon suah approval. Mr. Alan Francis felt density was not a issue, as stated by Mr. Hanna, because the applicants would have to comply with parking, setbacks, landscaping, etc. at the time of application for a Building permit which is governed by new codes. Mr. Horninc stated he would be more comfortable with 18 units per acre instead of the suggested 20. Mr. Francis responded that, although the intent was for 20 per acre (60 total), until the site plan is drafted, it would be unknown if this would be feasible and the number could be more like 48-48 total units to fit the subject site. #1790 · M/S/C/U/(Waibel/Crutcher) to.approve the request for rezone from R-1 to R-2 with an attached Concomitant Agreement that specifies no more than 20 units per acre for Howard & Esther Francis, located at 670 Sylvan Way. PETITION TO CLOSE ACCESS TO WARREN - lSTH STREET WEST OF WARREN, #AB86-258 The residents of this short block submitted a petition to have the exit from 15th Street to Warren Avenue closed TAPE #358 ~- City Council ~g. Mtg. Minutes July 2, 1986 Page 7 of 8 because of the hazardous condition created by drivers- Northbound on Broadway who speed down 15th to Warren. Closure of a City street requires action by the City Council. #1971 · M/S/C/U/(Johnson/Waibel) to approve closure of a City exit from 15th Street West of Warren. PROFESSIONAL SERVICES CONTRACT - R & R ENTERPRISES, #AB86- 259 Mr. Johnson stepped down from the meeting. The City Council approved $6,000 in the Auditor's 1986 Budget for an Electronics Data Processing (EDP) post- implementation review in order to assess the input/output controls and data base integrity of various City application systems and programs. The scope of work to be performed was expanded by the Audit Committee to include an internal audit review of the currently active EDP Evaluation Committee procedures for assessing and selecting hardward/software vendor(s) for an upgrade of the City's EDP Systems. Funds are available in the Audit Department "Extra Help" budget. #2048 · M/S/C/U/(Overson/Dawkins) to approve a contract between the City of Bremerton and R & R Enterprises for EDP audit post- implementation review services. Mr. Johnson returned to the meeting. LEASE ASSIGNMENT - BINGHAM BROADCASTING, #AB86-260 BAngham Broadcasting has a five-year lease for a small parcel of property at Forest Ridge Park used by them for their radio tower They pay the City $200.00 monthly adjusted annually by CPI. The new owners of KBRO radio are requesting ~ransfer of the lease. Mr. Dawkins was concerned that an agreement to maintain and keep the landscaping up has not been done and requested that the City Attorney follow-up and send a Letter requesting that they comply with the request. #2382 s M/S/C/U/(Johnson/Colvin) to approve the Lease Assignment - Bingham Broadcasting, subject to the lessee previously agreeing to maintain the landscaping. #2551 ORDINANCE (FIRST READING) - WRITING OFF INTERFUND LOANS, #AB86-261 Mr. Rich Hanna, City Treasurer, etated that these loans were made in October 1985 to cover projected cash short falls in the Street and Equipment Rental Funds which resulted from over optimistic budgeting and an inadequate rate schedule in the Equipment Rental Fund. Present financial position and projected revenues present no reasonable expectation of repayment. · M/S/C/U/(Johnson/Colvin) to approve an Ordinance, first reading, declaring certain Interfund Loans to be uncollectable and authorizing them to be written off. ORDINANCE #4054 (FIRST READING) PROVIDING FOR A SERVICE CHARGE FOR STREET LIGHTS, #AB86-262 Pulled inde[initely. ORDINANCE (2ND READING) REZONE FROM R1 TO B2, CHRISTMAN REZONE, 1145 BROAD STREET, #AB86-241 #2600 s M/S/C/U/(Collins/Colvin) to approve and Ordinance (2nd.read- ing) amending the use and area maps of Ordinance 1792 upon application of fezone from Residential One (RI) to Business Two (B2) and subject to various requirements and other TAPE #358 City Council ~g. Mtg. Minutes July 2, 1986 Page 8 of 8 applicable law· and regulation·, (Christman Rezone) - 1145 ' Broad Street. ORDINANCE (2ND. READING) REZONE FROM R1 TO M - FLOOR DECORATORS, NO. OF INTERSECTION OF AUTO CENTER WAY & ROGERS, #AB86-242 Mr. HorninQ stepped down by choice. #2645 · M/S/C/U/(Waibel/Colvin) to approve Ordinance (second 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 & Rogers - (Floor Decorators Rezone). Mr. Horninc returned to the meeting. ORDINANCE (2ND. READING) REZONE FROM R1 - M, JANRON-BURLEY REZONE S.E.CORNER OF AUTO CENTER WAY & WESTERN AVENUE, #AB86243 #2687 · M/S/C/U/(Dawkins/Crutcher) to approve an Ordinance (second reading) amending the use and area maps of Ordinance 1792 upon application of fezone from R1 to M and subject to various requirement· and other applicable law· and regulations (Janron-Burley Rezone). #2772 RESOLUTION #2120 - RE-AUTHORIZING INTERFUND LOANS, #AB86-263 Mr. Hornina noted for the record there is no Public comment. · M/S/C/U/(Johnson/Colvin) to adopt Resolution #2120 - reauth- orizing certain Interfund Loan and setting the Terms for repa~nnent. RESOLUTION #2124 - INVESTMENT AUTHORIZATION STATE TREASURER'S LOCAL GOVERNMENT INVESTMENT POOL, #AB86-264 The Legislature in the 1986 session, created a "Local Government Investment Pool" to be administered by the State Treasurer. The Pool represents a potentially attractive investment alternative for City funds and is consistent with present City Investment Policy. Participation in the Investment Pool requires an authorization Resolution by Council. Mr. Horninu noted the past City Council favored local Investments therefore this is a new program to the City. #3166 · M/S/C/U/(Overson Collins) adopt Resolution #2124, authoriz- ing Investment of the City of Bremerton Monies in the Local -Government Investment Pool. m 911pro / -- C L JO~S~ Dep tW C~ty Clerk APPROV ER HOR 1 President r . File/Vault