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HomeMy WebLinkAbout10/17/84T~PE ~ 187 UNAr"ROVED DP, AFi' ~0000 CITY COUNCIL MEETING MINUTES ~_~ October 17, 1984 ~ The regular meeting of the City Council of the City of Brefne_rton, Washing- ton, was held at City Council Chambers, 239 4th Street, Bremerton, Washing- ton, on October 17, 1984, at 5:30 p.m. with Council Vice-President Jim Adrian presiding. Present were Councilmen Sturdivant, Pachek, Mosely, Homing, AnD, Adrian, Anderson & DrOLLin. Also present were Mayor Dawkins, City Attorney Broughton and City Clerk McCluskey. Absent was Councilman Johnson. The meeting was opened with the Pledge of Allegiance, led by Vice-President Adrian and Councilman Pachek leading the invocation. CONSENT AGEIgDA, #AB84-515 & #AB84-516 City Clerk McCluskey read the consent agenda to include Minutes of the October 10, 1984 meeting, #AB84-516 with an addendure on Page #5 of 7, item #3, adding b. and c. under BreT~rton Zoning Ordinance. Reconrendation frcm the Water Utility to enter into a contract with Stead & Baggerly, Inc. for Modifications of the Ut_ility's Monitoring and Control Equipment subject to review of contract by the City Attorney' s office, #AB84-516. 0068 · M/S/C/U/(Adrian/Pachek) to approve the consant agenda as presented. Councilman Homing enter the meeting. 0083 CLAIMS/E REGISTERS Ms. McCluskey presented, for Council approval, special warrants #6570 - #6575 in the amount of $17,663.41, as audited and certified by Darlene Herrmann as required by RCW 42.24.090 and recorded on listings made available to the City Council. M/S/C/U/(Adrian/Amo) to approve Claims and Warrant Registers as presented. MAYOR'S REPOt~F Ms. McCluskey present two Procl~nations; (1) designating October 21 - 27, 1984, as "National Business Wcman's Week" with Gloria Davis, Vice-President of the ~.,<,.,_ ,;,..local "Lt+t~Fai~ba~ks" chapter presented the proclamation. Mayor Dawkins noted that one of the city employees, MaryEllen Babbitt is the local chapter's Presi- dent, however could not be in attendance. (2) designating October 24th as WL\ V~'~ "United Nations Day". Mayor Dawkins noted that there is a scheduled meeting, Monday from 9:30 a.m. to 11:30 on "Project Self-Sufficiency" which enables housing assistance to those in need with a project with a projected 40 participants this year. Mayor Dawkins concluded his report with a request that Council approve his ten- tatlye appointment of Ms. Faye Doyle to the Planning Ccrmission vacancy left by the resignation of Mr. Robert Harris. Councilman Amo objected and ~ Council to vote against the appointrent because Mrs. Doyle is not a resident of the City of Bremerton. Councilman Drouin will concur with the Mayor's appoint- r~nt because Mrs. Doyle is beth qualified and it has been extremely hard gettin9 qualified individuals to serve Cc~ssions and Boards. 0406 · M/S/(Drouin/Pachek) to approve appointment of Ms. Faye Doyle to the Planning Ccrnlission. Discussion followed with Councilman Homing noting the fact that beth Mr. & Mrs. Doyle are businessmen in the cutmunity and show concern about the future of the City. Councilman Adrian stated that Council should look at the balancing of Ccr~aissions and Boards but would hope that sc~e Policy could be drafted in the next two weeks so Council doesn't have this battle each appointment. Councilman Sturdivant would support Councilman Amo in voting against the appointment stating there are 37,000 citizens frcfn which to draw eligible applicants to serve, however was not personally against Mrs. Doyle. VOTE: In favor; ttorning, Pachek, Mosely, Anderson, Drouin and Adrian Opposed; Sturdivant and Amo Motion PASSED City Co~mcil Reg. M~_g. Minutes {irtr ber! 7, 1984 Page 2 of 6 UNAPPROVED DRAF? PUBLIC RECOGNITION - 5:45 p.m. Mr. Bert Gegner, 934 Washington, was disappointed when reading the news that the "Mainstreet Program" did not include the City of Bremerton. Mayor Dawkins stated that a meeting is set for October 26, 1984, at 7:30 a.m. in City Council Chambers, inviting all interested supporters of downtown redeveloFxnent to plan the next move, Mr. Gregg Durich, Hearthstone Restaurant 4310 Kitsap Way, stated he was strongly opposed to elimination of crosswaLk that previously served his Restaurant and other businesses along the north side of Kitsap Way. He noted that part of his contract includes leasing space frc~n Thriftway Stores for additional parking, in particular for employees as a provision of the lease. He gave reasons for not remDving crosswalk and emphasized reasons the crosswaLk was originally installed. Mayor Dawkins responded that the removal was a Engineering - traffic flow deci- sion. Councilman Aarian requested that Mr. Durich outline his opposition and sL~p[x~rting reasons, in writing, to the Mayor with Council distribution. Council- man Mosely stated that it was mDved because the State found it to be illegal therefore suggested that the Engineering department and Mayor check with the State. Ms. b~3ryLou Long, 2433 Phinney Bay Drive, responded to the discussion on Conmssion and Board appointments saying she has applied over two months ago, for consideration to be placed on the Civil Service Cen~mission and has not heard whether she is being c~sidered or not. She is aware there are two vacancies on the C~mission. CounciLman Adrian responded noting that there are two vacancies, however, there have been two appointments and two resignations in recent months. Ms. Jean Jackson, Mayor' s Cc~ttee on Handicapped, asked if the One-Stop Permit center would be discussed this evening with Council stating no. She asked if the elevator would be discussed with Council stating it was on the Agenda. She ccmplimented staff for Handicap Notice on this week's agenda and thank Mr. George Allen for donating a level for checking handicapped ramps. Ms. Jackson asked if the Handicapped were required, if handicapped pass was displayed, to feed the Parking meters with the Mayor responding that he'll answer her question in writing. b~s. Lana Swanson, 2123 Synder, stated that she does not agree that former Council was weak; still has an open invitation to Council for an open debate; feels all appointments to Ccmmissions and Boards should be frcm the electorate within the City and read her "Letter to the Editor" verbatim. She stated both Councilman Adrian and the Mayor owe her an apology regarding last week's news article. Ms. Jean Jackson said she was not referring to any specific Councilman as weak. Councilman Ane responded to Ms. Long' s question the previous week stating that it would be a tedious job trying to go through Charter Change for all verbiage in the Charter. That it is better to allow flexibility in the organization to change by Ord. as necessary. City Attorney Broughton checked with Municipal Research and they advised that the Charter should be more general so changes can occur with flexibility. AI~fORNEY' S REPORT (1) Discussed the one-year ballot issue, fall of 1983, for a long term lease for concessionaire services with the YMEA and need for Council input. He indicated that he would like Council input either by ccr~nittee. He will have a rough draft ready within two days. He said the draft will need to deal with terms, usage and fee structure. (2) Mr. Broughton indicated his office participated in two trials, one received no award and one awarded damages, both being retired Police officers. He noted that Attorney Killian (3) was in Seattle today representing a Hunan Rights case for the City, and (4) suggested that Council secure citizen involvement in the issue of redistricting which will need Council follow-up. Councilman Amo asked whether the Charter Change cc~ttee could not handle the redistricting issue. COUNCIL MEIMBERS REPORTS Councilman Sturdiv-dnt indicated that there will be a~o'lf Course Ccr~nittee meet- ing on Friday, at 7:30 a.m. He atteaded the Firefig~e~-Ts PehS'~on Board meeting Monday. He stated that the new Golf Pro has brought a, ~p~sed schedule frcm Bangor for a sched,"e of 400 rounds of golf, which ~he cc~mlittea will deal with Friday, and that a J]er leak occurred in tl~e Golf ubhouse which will be fixed. City Cf}uncil PLug. r.'~tg. r~tinutes t~-tober 17, i984 Page 3 of 6 [[NAPPROVED MINI]TES ble with Councilman Drouin stated the regular Westewater Facilities Ccr~nittee meeting will be held tc~Drr~w morning at 9:30 with Don Proctor as speaker. In addition there will be two reports from the City Attorney' s office, a report frc~ CH2M Hill and a report frcrn the Project Manage. He noted the ccnlmittee will be asking for an exact percentage of Change Orders, to date, as there is a contin- gency on change orders within the contract. CounciLman Anderson indicated that he appointed Councilman Pachek to be a regula~ ccrmitteeman on the Golf Course Ccrrnittee. CounciLman Adrian stated the audit report has been released to Council, in SUT~ mary form, On the Golf Course and noted that the audit was precipitated by the resignation of Mike Stoltz Golf Professional. He turned report over to Mrs. Judith Katsirubas, City Auditor who indicated she performed an audit of the Gold Mountain Golf Course, Golf Professional during September 11 through 25th. In anticipation of the termination of the contract between the City of Bremerton and Mike Stoltz on September 30, 1984 and in order to render an opinion on the strength of reported net incc~e to support a reasonable and equitable settlement of agreed accounts. 7~e financial statements of professional activities for the Gold Motu~tain C{~lf Course are fairly stated through August 31, 1984. Contract provisions for the Course professional activities were generally adhered to. Specific reccmmendaticns addressed procedures to facilitate an amicable closure of the COD- tract between Mr. Stoltz and the City and considerations for inclusion in the new professional contract which was aFTroved by the Council on September 26, 1984. Mr. Prisk and the Board of Directors concurred with our findings and re. ccrm~nda- tions. Mr. Prisk's reply was on point and aFTrepriate action has been or will be taken. Mrs. Katsirubas continued, stating other audits of Budgetary and Financia I Controls and the Kitsap Lake Restoration Project are on schedule. Meeting recessed at 6:30 p.m./6:38 p.m. reconvened. REQUEST FOR REZONE FRf/M R-1 to R-2 AND STREET VACATION, #AB84-520; AREA BETWEEN SCHLEY, CALLAHAN, FIR & MAGNUSON Council President asked if seated Councilmen had any conflict of interest with all remaining seated. He addressed Public with no objections to those seated. Mr. Bob Duffy, Planner, gave a presentation on Resolution #727 as passed by the Bren~_rton Planning Ccr~nission regarding the above rezone. He indicated that the, Ccr~ssion receded denial of the Rezone and approval of the Street vacation on August 21, 1984. Applicant is Jack Potter (hewn at the Potter Rezone) who is the developer for John Stanley, owner of the parcel. He noted location of parcel beginning at the Southwest corner of Parcel 9 as shown on the amended Pla~ of the 4th Addition to Sheridan Park. The rezone is for an area of 2.48 acres, frc~ R-1 to R-2 to construct multi-family develc~t. He noted enviromTental issues such as traffic generation, access, parking and privacy were addressed and designated changes of verbiage throughout the ducuT~_nt, on file in the Plan-- ning department. Mr. Duffy stated CC~I~Dn urban utilities serve the site and Planni~ Ccn~ssion Preliminary Zoning Map "ME-2" dated 2/19/82, designates the subject site as MH. He said departments were contacted twice to receive input and there was two separate reports. He said conclusions indicate that the area is intensively developed in multi-family residential units and that an R-2 desig,!~,- tion would allow a ma~ height of 70 feet or 6 stories. It was found, accon],ll. to the Planning Ccr~ssion that develoll0ent permitted under an R2 would not be <..l ~u! the st~rounding area, and that the develo[r~_nt was inconsistent with the Brerner- ton Area Plan Policies or the Manette Neighborhood Plan Policies wkich call for single fanLily de~elo~t at the location. He concluded that the Planning Ccr~ mission received substantial public opposition to the proposal and for those reasons voted denial 7-0. He stated that the Manette Plan information was in error and that the plan designates the area multi-family. Mr. Duffy continued that vacation of the same parcel met with approval because vacation would generally enhance the develoFrent flexibility of the adjoining property and return the property to the public tax roles. Ccr~mission voted 7-0 in favor of granting the vacation. Mr. William Garland, Legal Cotnsel representing Mr. Stanley, Owner, gave the proponents case. He pointed out many descrepancies in the Staff report, especially the fact that the proposed develoFr~ent is surrounded by multi-family dwellings, citing Maple Manor, Park Ridge, beth apartn~_nt ccrmplexes and ntmnerous duplexes and four-plexes in~ately adjoining the parcel. He also expressed concern that the Planning department map indicates the area is R-l, however questioning Mr. Dully, Mr. Duffy agreed that map on display in Council Chambers indicates R-2. Mr. Garland said he represented both the owner Mr. Stanley and developer Mr. Jack Potter who will give presentations. He felt that the Planning Ccmssion gave an erroneous decision not to grant the fezone and felt the Council must take City Couu~cil Peg. Mtg. Minutes CUteher 17, 1984 Page 4 of 6 UNAPPROVED DRAF'P affirmative action and reconsider Planning Ccrmission's earlier decision. Mr. Garland introduced Mr. John Stanley, owner, who would address the exist- ing conditions of the property and Mr. Jack Potter, developer who would define proposed usage. Mr. John Stanley said he had been in contact with Navy Housing, both PSNS and Bangor, with Navy officials agreeing that the need for this type housing does exists. He stated the property is close to all ~ate needs and within walking distance of the downtown core. He said that soon single family dwellings will not be affordable to those that need this type accfmmrdation. He presented a drawing which presents zoning map as shown in Council Chambers and slides he narrated that he himself took. Although Planning has indicated that the area is R-l, it's use, as depicted by slides demonstrated high density of multi-family dwellings to include several apartment cc~plexes. Mr. Jack Potter, developer, emphasized elevation levels of the subject property stating that it is out of the question to build 70' foot high or six stories because of requirements to install elevator after three stories. He said although area was all zoned R-l, Planners declared restrictive zoning so each parcel was dealt with individually. He said the property was first acquired in 1957 and the Navy property built 150 duplexes although physical entities are consistent with R-2. He said property owners cannot do a Ccmprehensive Plan but Manette land Use Map (distributed), although not adopted, is used. Mr. Garland indicated page 5 and page 13,areas of agreerent and dispute regard- h~g the Advisory report. Specifically he agreed with para. ~1 where statement supports subject site is intensively developed in multi-family residential units. He disagreed that there would be view obstruction. Noted the intent of the developer was not to exceed 3 stories. He disagreed with the statement, para 5, that the Plan was inconsistent with the Manette Neigtlborhood Plan. Recent building trends in inrediate area indicate multi-family, not single family use. He felt that the Council has to start to be consistent with approval for rezones, especially re- quests that indicate past precedence. Several citizens came forward to speak in opposition, to include; John Butler, Ted Espenera, John Knoll, Roy McInnis, Ed Glaser, David Knoll, and George Ridge- wa~. Their concerns ranged frcrn environmental issues to increase in crime and reduction in privacy once enjoyed. Mr. Garland spoke in rebuttal that even the opponents agreed that the area is saturated with apartments. Mr. John Stanley said he does not want to irritate fellow neighbors but feels his plans for the parcel will only enhance the area. At this time public input was closed for Council discussion with Councilman Adrian pointing out the need for a Ccmprehensive Plan. He felt that property o~ers cannot expect property to maintain same usage after a 20 - 30 year period. He also felt there should be more rocrn between R1 to R2 Zoning. Councilman Adrian would oppose fezone as he felt the maximum possible use was not ccrmpatible. Amo asked how many vehicle stalls were designated per dwelling and how many daily vehicle trips were anticipated. Joe Gero, Planning Director, stated that a formula he has worked in the past is based on the unit's bedro~n count. Councilman Amo expressed concern that can we required more than one stall per unit. Mr. Gero stated we could not alter a minimum requirement. City Attorney Broughton stated that, with the cooperation of the property cy~ner, we could enter into a voluntary "Conccmmitant" agreement dealing with environmental issues. Councilman Amo directed the question to proponents legal Counsel with Mr. Garland resFxDndb~g that his client would be amenable to considering such an agreement. Discussion continued with CounciLman Homing objecting to Councilman Adrian' s statement "to expect the worse". He stated to use the subject parcel for single family hcmes when the area is destined for multi-family usage is not sensible. Councilman Sturdivant felt application is consistent with area develoF~aent and spent over an hour going over the area this date. He said Council must vote in good conscious and will support the rezone. Councilman Pachek stated he will vote for the rezone. Councilman AP~erson stated Ehat applicant could erect several duplexes which are under R-l, present zoning, which would be not unlike apartment units. Councilman :Amo still felt strongly that a special agreement be drafted to covPr uncertain areas of the request. City Cellmoil Reg. Mtg. Minutes Octeber 17, 1984 Page 5 of 6 LnID%PPROVED DRAFT '-2417 ~2534 ~2698 · "APE ~i, 88 t0000 =0254 :0320 · At this time, City Attorney Broughton receded that the Council enter into a Concc~rdtant Agreen~nt, as a condition of the rezone, that could be drafted jointly by the applicant and the Planning departrent. · M/(Amo) to postpone action for one week to address environmental problem of lack of on-street parking. Motion DIED for lack of second. M/S/(Sturdivent/Homing) to approve this request for rezone frcm R-1 to R-2 for the following described property: Parcel 9, Block 3 amended plat of the Fourth Addition to Sheridan Park as recorded in Voltrne 9 of Plats at Page 3, records of Kitsap County, ~shington. Councilman Adrian felt Council should nail down issue of an agreement now re- garding environmental issues. CounciLman Sturdivant did not like the fact that Council could blackmail an applicant. City Attorney suggested that an amending mot/on should define problems and solutions. A/(Adrian/An~j) amending the original motion to include that the Developer and the City enter into a satisfactory agreement to resolve the issues of parking and traffic impact and be attached as a Conccrmitant Agreement as part of the Ordinance. Councilman Homing was concerned that if applicant and Planning reaches an that the u iti issues are resolved. Councilman Sturdivant stated he w~uld not support the amendment. VOTE: lm favor; Pachek, Mosely, Anderson, Amo and Adrian Opposed; Sturdivant & Homing Abstain; Drouin AM~VDING Motion PASSED VOTE: In favor; Sturdivant, Homing, Pachek, Mosely, Anderson, Amo & Abstain; Drouin ORIGINAL Motion PASSED M/S/C/U/(Amo/Pachek) to approve Right-of-Way Vacation ~or the following described property: Beginning at the Southwest comer of parcel 9 as shown of the amended plat of the Fourth addition to Sheridan Park as recorded in volume 9 of Plats, Page 3, Records of the Auditor of Kitsap County, Washington; Thence South 87.30' Fast along the South line of said Parcel 9 a distance of 84.15 feet to the True Point of beginning; thence North 2.30' Fast 95.00 feet; Thence South 87.30 East 60.00 feet; Thence South 2.30' West 95.00 feet; Thence North 87.30' West 60.00 feet to the true point of beginning. with the following conditions: (1) If applicable, the subject site to be appraised and sold per applicable State law provisions. Recess 9:00 p.m., Reconvened at 9:10 p.m. ORDINANCE #3934, SECOND READING, REVISED SEDA ORD. FOR BREMERTON, #AB84-438 Ms. McCluskey presented, second reading, Ordinance ~3934, State Enviror=nental Policy Act (SEPA) noting that State law requires the adoption of a revised local SEPA Ordinance. The attached draft SEPA Ordinance is patterned after a model Orcti~ance provided by the Washington State Department of Ecology. M/S/C/U/(Amo/Pachek) to approve Ordinance #3934, amending Ordinance # 3306 to incorporate the Washington State Environmental Policy Act Rules. VOTE: In favor; Homing, Pachek, Mosely, Anderson & Drouln* *For the record 5 CounciLmen seated. Councilmen Sturdivant, Amo and Adrian rejoined the meeting. REQUEST FOR QUALIFICATIONS - FOREST ~ PLAN/PROFESSIONAL SERVICES, #AB84-519 Ms. McCluskey presented a request frcm the Water Utility stating Mr. Bill Duffy will state the narrative. Mr. Duffy stated that the Water Utility still has the responsibility of management of forest lands used in support of Utility ~0368 ~0636 =0911 City Cc~'uncil R%~. Mtq. t.linutes October 17, 1984 Page 6 of 6 UNAPPROV'12I) DRAFP activities. These properties must be managed in a manner so as to provide the public with high quality domestic water supply; sound financial base for the Utility's capital improvements; allow recreational opportunities through Golf Course and Park facilities and provide facilities for the Salmon Enhancement Pro- gram, a local c~min/ty effort. He is requesting that the Utility be authorized to solicit Requests for Sut~nission of Professional Qualifications to prepare a Cc~tDrehensive Plan for the City of Bremerton Watershed. Selection will be sub- ject to Council review and approval. · M/S/C/U/(DroLLin/Homing) to approve the Water Utility solicitation of Requests for Submission of Professional Qualifications to prepare a Ccmprehensive Plan for the City of ~emerton Watershed. CITY HALL ELEVATOR - CYjtNGE ORDER #1, AB84-510 Ms. McCluskey read a request, presented by the Engineering, to amend the origi- nal contract for the City Hall Elevator installation to include the bas~nent flcor at an additional cost of $23,828.00, which was sutmlitted by the contractor originally awarded the bid. The additional nDney, if approved, will ccFe frcm the Ccmnunity Development Block Grant Funds. City Engineer Allan Kane stated there were three (3) reasons for consideration to approve the Change Order; (1) allows Bremerton Police Department to transport prisoners to Court with minimtm public/employee contact; (2) security devices, and (3) future resale of building. Mayor Dawkins spoke in support of the Change Order stating the element of individuals being transported frcrn the jail to the Court is, at times, undesirable and both employees and public should not be exposed to these individuals. Ms. Jean Jackson asked if this means there would not be funding for the chair lifts. Planning Director Joe Gero stated the number one priority is the elevator. · M/S/C/tJ/(Adrian/Amo) to approve Change Order #1, for the City Hall Elevator installa- tion to include the basement floor, at an additional cost of $23,828.00 which will be funded by Cum~unity DeveloFment Blcck Grant Funds, if approved by the Council. NOTE: For the record, Councilmen Anderson and Adrian left the meeting. AMENDING MOTION TO 1984 CDBG APPLICATION, #AB84-509 Ms. McCluskey read a request frcm the Planning department to amend motion to the 1984 Ct~m~dnity Development Block Grant Application. Two reasons for this request w~re outlined by Mr. Gero; (1) the motion does not specifically identify tj~ose projects to be funded with FY 1984 funds, and those projects to be funded frcm reprogram funds are not identified. (2) the ret~rogram funds include $25,00(, 00 frc[n the 1981 Small Cities account. He stated there are consequences to consider and programs that would not be funded, (1) Removal of Architectural Barriers (City Hall) $15,000; (2) Additional Rehab Funding $10,000; (3) Grant Administration $8,750.00 and (4) Community Action Program reduced by $15,000 to $35,000. · M/S/C/U/(Mosely/Sturdivant) to move that the Fiscal Year (FY) 1984 Cct~nunity Development Block Grant application, as previously sutInitted to the Department of Housing and Ccrm~nity Develo[ment is hereby approved as sukmitted; De it further approved that the Amendments or transfer of funds as set forth in the August 20, 1984, motion are voided in that the transfers were not froth specific projects to specific projects; Be it further approved that the following transfers of funds are approved: Frcm: FY 1983 Jobs Bill, Adele Avenue Sidewalk Project: To: FY 1983 Ccmnunity Development Block Grant (CDBG) Remove Architectural Barriers (Elevator) Amount: $2,135.21 Frc~: FY 1982 CDBG, Sewer Improvements (Charleston/National Neighborhood) To: FY 1983 CDBG, Remove Architectural Barriers (Elevator) Amount: $20,000.00 Fr~n: FY 1982 CDBG, Evergreen Park Patrol To: FY 1983 CDBG, Remove Architectural Barriers (Elevator) Amount: $3,750.00 Frcm: 1983 CDBG, Contingency To: FY 1983 CDBG, Remove Architectural Barriers (Elevator) Amount: $6,299.79 With no further business n~eting adjourned at 9:51 p.m. KATFUTjlq L. MCCLUSKEY, City Clerk City of Brenerton