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HomeMy WebLinkAbout06/12/85 TAPE #252 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 12, 1985 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 12, 1985, at 4:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Bill Amo, Russ Johnson, Roy Mosely, Clyde Pachek, Jim Adrian, Spencer Horning and Phil Drouin. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and Gil Johnson, Deputy City Clerk. The meeting was opened with the Pledge of Allegiance, led by Council President Art Anderson with Councilman E.L.Sturdivant giving the invocation. CONSENT AGENDA Item #A - Minutes of June 5, 1985, #AB85-253; Item #B - Bid Call - Pumping Equipment Pistol Range Well, #AB85-254; Item #C - Naval Museum Signs, #AB85-255; and Item #D - Federal Aid Projects, Kitsap Way to National to Marine Drive; Wheaton Way to Sheridan to Sylvan; SB off Ramp Warren Avenue Bridge to Callahan, #AB85-256. #0058 ® M/S/C/U/(Horning/Mosely) to approve Consent Agenda items #A - #D, as presented. Councilman Adrian joined the meeting. Item #E - Budget Adjustment Request, #AB85-262, is the first to be presented since passage of the policy. Mr. Les Siglin noted that the intent of this request is to merely transfer funds from the Treasurer's Budget to the City Clerk's Budget allowing funding of his position, including benefits, under the proper Budget Unit Administrator. The position was approved in the 1985 Budget, therefore there is no increase or decrease in amount appropriated. #0160 · M/S/C/U/(Adrian/Pachek) to approve Budget Adjustment Request, Agenda Bill #AB85-262. CHANGE ORDER #2 - CITY HALL ELEVATOR, #AB85-264 This Change Order directs the contractor to do work as specified and not included in the original Contract #2511. This included errors in the original City Hall design plan which, after construction began, were found to be inaccurate. It also includes additional needs of the Police department. #0182 · M/S/C/U/(Drouin/Adrian) to approve Change Order #2, to Contract #2511, City Hall Elevator in the amount of $14,135.00. 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. #0230 · M/S/C/U/(Drouin/Sturdivant) of June 5, 1985, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: voucher numbers #12270 - #12473, in the total amount of $119,997.83. TAPE #252 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes 3une 12, 1985 Pg. 2 of 8 MAYOR'S REPORT Proclamation 91 - designating June 14th as "Flag Day" with Mayor Dawkins inviting Councilmen and citizens to a Flag Day Celebration sponsored by the Chamber of Commerce at 3:30 p.m. on June 14, 1985. Mayor Dawkins introduced Mrs. Micheal Erdahl and children in a solemn presentation, recognizing Mr. Erdahl's recent death and dedication to his work as a County Parole Officer. The Mayor noted the close work Mr. Erdahl perform with our City law enforcement officials. Mayor Dawkins noted that two terms of office on the Planning Commission have expired and indicated it was his intent to request reappointment of Mr. Charles Ullock and Mr. Clem Modisett. #0504 . M/S/C/U/(Adrian/Pachek) to approve the reappointment of Mr. Charles Ullock as Planning Commissioner. #0530 · M/S/C/(Pachek/Drouin) to approve the reappointment of Mr. Clem Modisett as Planning Commissioner. VOTE: In favor; Sturdivant, Horning, Pachek, Anderson Drouin, Adrian & Johnson Opposed; Amo Abstain; Mosely Motion PASSED. COUNCIL MEMBERS REPORTS Councilman Sturdivant asked if the Mayor had researched the alternative Ferry traffic route requested at last weeks meeting, by-passing Burwell, Callow and Navy Yard Highways, as posted by the State. Mayor Dawkins responded that he has been in touch with Mary Wilson, Traffic Engineer, who will be in contact with State officials with a proposal to by- pass at Naval. Therefore traffic will re-route North at Burwell and Naval, West at Naval & 6th Street, joining at Kitsap Way until State Freeway entrance at Cemetery Hill. Councilman Sturdivant also expressed ~oncern that there has been a change in policy regarding the Mayor's sign off on Agenda Bills before they are submitted for Council packets. The Mayor stated he has been unavailable but there is no change in policy. Councilman Mosely noted a Public Safety meeting scheduled for Thursday, June 13, 1985, at 10:30 a.m. in the Council Conference room. Subject will be "Street Lighting". Councilman Johnson indicated the Investment Committee will be traveling to Seattle tomorrow to meet with City of Seattle officials and major financial institutions in that City to gain an awareness of policies and procedures. Councilman Adrian noted that the Marine Sub-committee will not be meeting this month, as earlier indicated. Councilman Drouin gave a short report, copies furnished Council, on the June 6th Wastewater Facilities Construction committee meeting. He also distributed a news article indicating that the Federal Government will not be allocating funding for Puget Sound Clean-up, therefore communities who have not started programs will be paying 100% for construction. He reported that the average user in Bremerton is paying less than $1.00 per day. Councilman Anderson reported that the Puget Sound Governmental Sub-Regional Council has named Bremerton it's number one priority for downtown Waterfront development. Further, County-wide elected officials are in agreement. TAPE #252 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 12, 1985 Page'3 of 8 Councilman Hornin~ added that it is now likely that Bremerton will receive funding because of the voice of the majority. It was felt that Bremerton will be the gateway to the retail shopping in Silverdale, although that community also sought support through PSCOG. Councilmen expressed concern that Public Recognition should run one hour earlier, similar to the Council meeting starting time, so the public is not confused. #1252 . M/S/C/(Drouin/Adrian) to change to 4:45 p.m. and publish their intent accordingly. VOTE: In favor; Sturdivant, Horning, Pachek, Mosely Anderson, Drouin and Adrian Opposed; Amo & Johnson Motion PASSED. Councilman Amo was concern that the reason it was scheduled for after 5:00 p.m. was to allow those working to be present. PUBLIC RECOGNITION Mr. Gene Nelson, 323 Dora Avenue, presented to Council a plan to approach the Navy, encouraging reconsideration of homeporting the "Task Force" where the present moth-ball fleet is housed at Puget Sound Naval Shipyard. He said it could be done for less cost, move the moth-ball fleet to Everett whereby dredging would not be necessary, allowing the "Task Force" availability to overhauls, repairs and supplier in one base. He wanted Council to support the plan. He asked that as elected officials, calls and letters be sent to Congressmen and Senators of this State seeking further support. Councilman Johnson asked on what authority he based his information with Mr. Nelson declining to name his sources. Councilman Sturdivant noted that when the issue was before Council months ago, the City prepared a presentation to the Navy. Mr. Nelson stated he was aware of the packet however it did not secure the "Task Force" at that given time. Mr. Bert Ge~ner, asked the Mayor to define the additional costs of the elevator change orders with the Mayor responding he would provide the information after the meeting. Mr. Pete Flynn, Project "MainStreet", gave a three-month progress report. He noted the floral Planters being installed at several locations, soon to be hung banners and proposed plans the Waterfront Association has started on the 440 building on Washington. He stated that the Value Giant has signed another 5-year lease and the Mainstreet program is looking at commercial interests willing to commit to long range leases. Councilman Adrian asked Mayor Dawkins to have a report on the Commercial Loans next week. Mr. Phil Drouin, Citizen, spoke in opposition to supporting Mr. Nelson's proposed "Task Force" Plan, stating the overhaul and construction projects, allocated to the Puget Sound Naval Shipyard will suffer if integrated with a large homeported Task Force. He stated there are not utilities that would support the proposed plan and was not worth the effort if we lose production work. CITY TO RAINIER BANK QUIT DEED AND PASSAGE OF ORDINANCE VACATING RIGHT-OF-WAY, #AB85-263 TAPE #252 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 12, 1985 Page 4 of 8 Several years ago Mr. Joe Mentor petitioned the City for vacation of a portion of right-of-way on Kitsap Way in order to construction the Bayview Inn/Trident Bldg. complex. The City agreed to the petition and a hearing was held where a motion was made to vacate this property. An ordinance was never passed, as Mentor never paid the City of the right-of- way being vacated. After several years of failing to receive a response from Mr. Mentor, the City notified Mr. Mentor that the right-of-way would not be vacated to him because of his failure to pay. Subsequent to this time, Rainier Bank came into possession and ownership of the property. Presently Rainier has a lease with the City to use this right-of-way. The right-of-way has been developed and does contain several parking spaces. In order for Rainier to count these parking spaces to meet its ownership requirement, it is necessary for Rainier to have ownership of this parcel. An appraisal has been performed for the property and the $3.00 per square foot price represents its fair market value. Engineering has reviewed this proposal and the right-of-way is not necessary for future improvements to Kitsap Way. Staff recommends passage of this Ordinance and authorizing the execution of a Quit Claim Deed to Rainier Bank for a sum of $33,951.00, payable at time of execution. Councilman Amo asked if any portion of the building, etc. was on the right-of-way with City Attorney Broughton stating only a portion of the overhang. Additionally there is some bulkheading in the ROW. Councilman Amo asked the result of non-passage. Mr. Broughton stated that Rainier Bank would have difficulty when needing parking. #1575 · M/S/C/U/(Adrian/Johnson) to approve on First Reading, an Ordinance granting vacation of a right-of-way (Rainier Bank) to the City of Bremerton. ORDINANCE (1ST READING) REPEALING ORDINANCES DEALING WITH MUNICIPAL COURT AND POLICE JUDGE PRO-TEMPORE, #AB85-260 This ordinance repeals four outdated City of Bremerton ordinances dealing with our Municipal Court. In 1982 it was determined that Bremerton was in need of a fulltime Municipal Court. Prior to 1982 the City had shared its court with the County, with the judge.devoting half-time to each court system. In 1982 the City petitioned the County to amend its district court plan to provide for a fulltime Bremerton Municipal Court. The County agreed to this request and passed Kitsap County Ordinance #35-A-1982, Sections 8 and 9 establishing a Municipal Court of Bremerton with a fulltime Municipal Court judge. As a result of this change, all of the Municipal Court functions are controlled by state statute. State law provides for the jurisdiction of the court, appointment and removal of the judge, the term of office of the judge and further sets forth salary. As a result of this extensive statutory regulation, it is unnecessary for the City to have the existing ordinances on the books and therefore request the ordinances be repealed. #1665 · M/S/C/U/(Drouin/Sturdivant) to approve an Ordinance, first reading, repealing Ordinance #2720, Ordinance #2851, Ordinance #2830 and Ordinance #3847, relating to Municipal Court and Police Judge Pro Tempore. ORDINANCE (2ND READING) CODE OF ETHICS/CITY PERSONNEL, #AB85-252 Councilman Jim Adrian, sponsor of the Ordinance suggested two additional changes since first reading to include; (1) Implementation period (suggesting 90 days) whereby Personnel Director Dave Hiestand can comply, and (2) Modify "Not soliciting City Personnel" and omitting "Elected Official" which are political by nature under exception clause. TAPE #252 & #253 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes 3une 12, 1985 Page 5 of 8 Discussion followed with Council members agreeing that the Ordinance has had extensive modifications from the original draft at first reading and changes this meeting, therefore, tabling second reading was suggested. #2050 . M/S/C/U/(Johnson/Adrian) to amend "Code of Ethics" ordinance; (1) adding Implementation period for compliance, and (2) omitting "Elected Official. #2091 . M/S/C/U/(Adrian/Johnson) to table, for two weeks, second reading to allow Council adequate time for review of changes. Recessed 5:35 p.m.; Reconvened at 5:45 p.m. HEARING - REQUEST FOR REZONE FROM R-1 TO R-2, DAN ISBELL, 1724 BURWELL BETWEEN HIGH & HEWITT, #AB85-261 Council President Anderson asked the "conflict of interest" question will all members remaining seated. The Bremerton Planning met on April 16, 1985, to review the request for rezone from R-1 to R-2 by Mr. Dan Isbell, 1724 Burwell between High & Hewitt. Mr. Isbell presently runs a Foster home at this located where his family also resides. The Planning Commission with Resolution #748 unanimously denied the request 8 - 0. Mr. Isbell plans to convert existing 3,500 sq. ft. 6 bedroom 3 bath structure into a boarding home. The subject site has been used for residential uses. An increase in traffic could be expected. Total lot area is 7,725 square feet. Mr. Duffy presented staff report and highlighted sections of Resolution #748, on file in the Planning Department, and presented slides of the subject site. In reviewing the Conclusions of the Resolution, Mr. Duffy noted that under an R-2 designation, maximum allowable R-2 density is about 12 dwelling units that could be constructed on the subject site which is bordered by R-1 designated residences. Mr. Dan Isbell spoke of the need for alternative, affordable housing for handicapped and elderly. He noted that the location allows these individuals services such as transportation and less need for multiple parking as many of these citizens have no need for a vehicle. He stated that the present R-1 designation allows for only his family and a total of 6 individuals,if other than his family, to occupy the dwelling as a Foster/Boarding house arrangement. Mr. Jenninqs, 1742 Burwell, opposed to request due to fear that his taxes would increase substantially. Mr. James Skirving, 1555 Marguerite, used to live in the immediate area and parking was a major problem then. With the increase of Shipyard parking demands he was concerned there would not be adequate parking for such a home. Mr. Isbell produced a photo for Council, indicating he has enough room in the rear of the building to park 9 vehicles. Councilmen Amo, Anderson and Johnson all agreed with the need for such type housing however were apposed to the TAPE #253 designation of R-2. Councilman Adrian asked if granted R-2 could their not be restrictions imposed on the designation. Mr. Duffy stated affirmatively. Mr. Duffy further stated the only difference between the R-1 designation vs R-2 is number of people. #0105 · M/S/(Amo/Pachek) to uphold Planning Commission Resolution #748, denying the request to rezone from R-1 to R-2, property located at 1724 Burwell, between High and Hewitt. TAPE #253 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 12, 1985 Page 6 of 8 Councilman Adrian felt a motion was premature and requested, again, whether a Concommitant Agreement could be used as a tool to approve this request, suggesting that it be tabled for two weeks. Councilman Sturdivant was opposed to Mr. Adrian's suggested stating that someday the designated property could be reconstructed as a 6 story, 75' high dwelling because there would be no assurance it would remain a group home. Councilman Johnson asked if the Council denies the request now, how long before the applicant can resubmit for consideration. Mr. Duffy stated one year. Motion PASSED to deny Mr. Isbell's request. VOTE: In favor; Sturdivant, Horning, Pachek, Mosely, Anderson, Drouin and Amo Abstain; Adrian & Johnson ORDINANCE (1ST READING) AMENDING CITY OF BREMERTON ZONING ORDINANCE WITH THE ADDITION OF A PLANNED UNIT DEVELOPMENT CHAPTER, #AB85-258 The proposed Planned Unit Development (PUD) Chapter would permit development residential, commercial, office, industrial or a mixture thereof to be implemented in a non- traditional manner. A PUD approach by-passes the traditional lot-by-lot form of development. The primary advantage of a PUD is flexibility through the use on a site plan which integrated all the elements, buildings, circulation systems, open space and alike to the opportunities of a given site. The PUD can crate more opportunities to preserve open space and natural features than traditional development practices. The PUD process clearly presents more opportunities for creative and high quality development. This ordinance was drafted by the Zoning Ordinance Advisory Committee and the Planning Department and recommended approval by the Planning Commission. The City Council is requested to approve this amendment to the Zoning Ordinance. Mr. John Dewhirst, Assistant Planning Director, outlined per chart on display, the structure of the Plan Unit Development concept and detailed steps an applicant would take up to the final report phase. Eventually, when program is implemented, Council will approve under the Consent Agenda. He said, under State law, Council has to render a decision. All problems will be worked out before Council is asked to approve. He explained that the site plan controls, "how", "where" and "what" will happen. Councilman Horning was in favor of the PUD stating that the binding site plan, neighborhood development are all protected. Councilman Johnson was opposed at having zoning issues on Consent Agenda. Mr. Horning explained to clarify, that uses are controlled but can be waived by action of the majority of those in a specific PUD. Councilman Sturdivant stated he is involved in a similar PUD of 90 acres in Central Valley and felt the concept irons out many problems Council has had to deal with in the present zoning hearings that are held. Mr. James Skirvinq agreed that it would make it easier for the developer. At present it is so difficult to process the paperwork, without even knowing if an application will be approved, that developers are seeking investments in the County instead of the City. Mr. Dewhirst concurred that this system is an excellent tool for the developers. Councilman Johnson and Amo asked how the Public is to respond to a proposed change with Mr. Dewhirst stating that the citizens have their say at the Planning Commission Hearing. Once the PUD is approved they have no further say unless appealed. TAPE #253 & #254 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 12, 1985 Page ? of 8 #1851 · M/S/C/(Amo/Horning) to apProved on first reading, an Ordinance amending Ordinance No. 1792 relating to land use and zoning by adding chapter VIII to Title II to provide for the creation of Planned Unit Developments. VOTE: In favor; Sturdivant, Horning, Pachek, Anderson, Drouin, Amo & Adrian Opposed; Johnson Abstain; Mosely Motion APPROVED #2037 . M/S/C/U/(Adrian/Amo) to table, for two weeks second reading, Ordinance amending Ordinance No. 1792 relating to land use and zoning by adding chapter VIII to Title II to provide for the creation of Planned Unit Developments. ORDINANCE (1ST READING) NEW PARKING CHAPTER TO CITY OF BREMERTON ZONING ORDINANCE, #AB85-259 The proposed parking regulations address the current problems created by the present regulations; in addition, they reflect the state-of-the-art issues found in up-to-date regulations. It must be kept in mind that provisions to temporarily accommodate the non-moving vehicle go beyond merely providing a parking lot. Also, involved is a series of factors which must be balance, such as scarce land resources, economic impact of adequate and inadequate parking, visual impact, public safety, and neighborhood and City character. Also, provisions for parking can greatly affect how efficient the transportation network of an area will operate and the perception of an area's accessibility by the public. Staff recommended City Council approve the proposed amendments to the Zoning Ordinance addressing parking. Mr. Dewhirst, Assistant Planning Director, noted that the present ordinance is so outdated that it even contains provisions for "steam-driven" vehicles. He stated this ordinance will apply to all of Bremerton, not just the downtown business districts. Mr. Howard Hager, Representative - Several Downtown TAPE #254 landowners, encouraged the City to support the proposed parking ordinance Chapter. He felt the issues, through the appointed advisory committee, have been extensively studied and certainly a positive way to attract new developers. Lengthy discussion followed with many questions voiced by Councilmen. Mr. Bob Moore, Mr. James Skirving, Mr. Pete Flynn and Mr. Roy McInnis all spoke in favor of the proposed #1152 draft and the need to update the ordinance. City Attorney Bill Broughton advised the Council, after rereviewing the document, they could not vote first reading of the ordinance due to the draft not being in proper ordinance form. He stated the present draft would need to be redrafted into 11 separate ordinances. #1283 · M/(Johnson) to adopt Option 3 & 5, and pass on first reading and ordinance adding a new Parking Chapter to City of Bremerton Zoning Ordinance. ~ Motion DIED for lack of second. Again, Mr. Broughton reminded Council they could not vote on first reading because of improper drafting of the proposed ordinance before Council. #1390 · M/S/C/(Sturdivant/Pachek) to adopt Central Business District Option #4, no parking regulations, including Callow Avenue Business District CBD only. F'~ ~ TAPE #254 UNAPPR©VED DRAFT City Council Reg. Mtg. Minutes 3une 12, 1985 Page 8 of 8 VOTE: In favor; Sturdivant, Pachek, Mosely, Drouin and Anderson Opposed; Horning, Amo, Adrian and Johnson Motion PASSED. CITY COUNCIL MEETING DATE CHANGED - FIRST WEEK IN JULY With a holiday on Thursday, July 4th, Councilman Drouin reminded Council of request to change the regular Wednesday Council meeting to Tuesday, at summer hour schedule. #1858 ® M/S/C/U/(Drouin/Anderson) to change the first meeting in July to Tuesday, July 2, 1985. #2005 . M/S/C/(Horning/Adrian) to continue discussion in 2 weeks on the proposed Parking Ordinance. VOTE: In favor; Sturdivant, Horning, Pachek, Mosely, Anderson, Drouin, and Adrian Abstain; Amo & Johnson Motion PASSED. Councilman Adrian stated he would try and arrange for Ms. Nancy Hedin, Management Analyst - Vancouver, WA., to be in attendance at the First reading of the Parking ordinance. With no further business, meeting adjourned at 9:21 p.m. GIL JOHNS~k~uty City Clerk APPROVED: City of Bremerton ART ANDERSON, President City Council KLM:AA/cjs cc: Normal Distribution File/Vault