HomeMy WebLinkAbout09/24/97 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
SEPTEMBER 24, 1997
CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
CALL TO ORDER: 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members
in advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Minutes - September 10, 1997 #AB97-212
B. Minutes - September 17, 1997
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYORgS REPORT
7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
ORDINANCES
A. Ordinance #4606 (Second Reading) Adopting
1997 Amendments to The Comprehensive Plan
As Amended
Ordinance #4607 (Second Reading) Revising
official Zoning Map Of The City Of Bremerton
To Maintain Consistency With 1997 Comprehensive
Plan Amendments
(CONTINUED NEXT PAGE)
Be
Ce
De
Ordinance #4608 (Second Reading) Amending
Litter Regulations To Establish A Separate
Infraction For Throwing Cigarettes Or Other
Burning Refuse
Ordinance (First Reading) Amending Legislative
And Administrative Controls On The Budget
Ordinance (First Reading) Setting Policy for
Disposal Of Personal Property Of The City
#AB97-211
#AB97-214
#AB97-215
AGENDA BILL
-~dREMERTON CITY COUNCIL
1. SUBJECT':.
MINUTES - SEPTEMBER 10, 1997
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
9-24-97
City Council
David Fart.President
9-26-97
2. ~: (comment on back
if necessary)
ENDORSEMENT
MAYOR
INFORMATION
__ APPROVED BY COUNCIL PR~IDE~T~~MITTAL:
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL AcTION:
8. R~COMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
~EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTIC$ QF ACTION
APPROVED .DISAPPROVED
AMENDED
11. AGENDA BILL NO:
2. ~LEARANCE COM]4ENTS :.
~ ..'~LrMiOACTON NON-PASSAGE:
.STAFFING, BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES:
TAPE #1492
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
SEPTEMBER 10. 1997
#0035
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, September 10, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees,
Lon Overson, Richard Neville, John Law, Cecil McConnell, and A1
Colvin. Also present were City Attorney Ian Sievers and Deputy
City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Louis Sparks of
Abundant Life Foursquare Church.
President Farr made the following announcement:
(1) The City Council will hold a Study Session immediately
following the Council meeting, in the Council Conference Room. The
topic of discussion - "contracts associated with the Sinclair
Landing Project."
CONSENT AGENDA
NONE
CLAIMS/CHECK 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 that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on September 10, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 212469 through 212442 in the amount of $312,755.69; and
Regular Payroll for the period ending 8-31-1997, in the amount of
$837,008.85.
COUNCIL MEMBER REPORTS
Mr. Colvin reported District #1 will hold a Neighborhood Meeting on
September 18, 1997, 7:00 P.M., at the Sheridan Park Recreation
Center. The program for that meeting will include candidates and
incumbents for the positions of Mayor and City Council. He
announced Reverend Cleveland Williams of the Ebenezer A.M.E.
Church, has been selected to serve as the first President of the
Martin Luther King Scholarship Trustee Foundation. The formation
of that foundation has been under consideration for 10 years. He
congratulated Emanuel Apostolic Church and thanked Reverend Larry
Robertson for his participation at the Constitution Day program.
Ike Parker, one of the founders of the Admiral Theater Foundation
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Page 2 of 16
was presented an award for his efforts in the City of Bremerton
over these many years. Mr. Colvin also thanked TCI and the
volunteers for providing the equipment and manpower to telecast the
Constitutions Day program. He thanks the City of Bremerton for
cleaning up the northern approach to the Warren Avenue bridge.
Mr. Law announced the next District #3 Neighborhood Meeting will be
held September 16, 1997, 7:00 P.M., at the Senior Center. The
guest speaker will be Henry Mincey, Policy Community Resource
Manager, who will speak on "Crime Prevention." He announced on
September 19, 1997, the Senior Center will celebrate its 25th
Anniversary with dinner from 5:00 - 7:30 P.M., and dancing from
8:00 - 10:00 P.M. Information on this event can be obtained by
calling 478-5357.
Mr. Overson reported he enjoyed the museum and arts activities
this past weekend and more activities are planned on the waterfront
and 4th Street, which are being sponsored by the Swing City
Committee.
Mr. Nmville reminded everyone of the Park Planning meeting for the
old Haddon School site on September 23, 1997, 7:30 P.M., at the
Sheridan Park Recreation Center.
Mr. Montqomer¥ acknowledged recent work by the City's Street
Department on Sheridan Road between Wheaton Way and Perry Avenue.
On the evening of September 3, he and a large delegation from the
Bremerton/Kitsap County area attended the Navy's 106 Session on the
USS Missouri's preservation, which was held at the Navy Undersea
Museum. He was disappointed that the Navy selected a Commander
rather than a Captain or Admiral to head up that meeting. In his
opinion, the information presented was a "canned" message; however,
considerable information was provided by members of the public.
Mr. Winters reported he also attended the meeting on the
preservation of the USS Missouri and the citizens that spoke on
behalf of the Missouri staying on the mainland were very
informative. He was hopeful that information will be forwarded to
the right sources. He noted two weeks ago he voted "NO" on the
approval of meeting minutes of August 20, 1997, because of a
statement made by President Farr that a unanimous vote of the City
Council approved funding for an Erosion Control Facility. As of
October 9, 1996, a professional services agreement was approved
with one opposing vote, which was cast by Mr. Winters. He asked
that the meeting minutes be corrected to reflect the correct vote
granting approval for that facility. Presi4ent Fart stated he
stands corrected; however, he prefaced his remarks with "I believe
it was unanimous."
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MAYOR'S REPORT
Mayor Lynn Horton stated on August 29, 1997, the City submitted an
Improvement Plan to the Washington Survey and Rating Bureau as a
result of their earlier review of Bremerton's Fire Department. The
Washington Survey and Rating Bureau responded as follows: "In
response to your letter of August 29, 1997, we are in receipt of
your improvement plan and have reviewed the contents. It appears
said improvements will reduce deficiency points the needed 114
points for Bremerton to retain its present Class 3 public
protection classification. Of course, this entirely depends upon
the degree of implementation that occurs over the next year, not
just the formulation of the plan. Specifically, there are two
important aspects of the improvement plan that depend on outside
factors and therefore may not be implemented, i.e., 1.2 million
dollars grant for water system improvements and the November EMS
levy ballot. We would appreciate immediate notification if and when
the fate of these proposed improvements has been finalized."
In response to the recent press conference by the Puget Soundkeeper
Alliance announcing their Federal Court action to impose a
moratorium on sewer hookups in Bremerton, Mayor Horton asked the
City Treasurer to calculate the cost to implement the existing
Consent Decree, which was originally formatted in 1993. She noted
at the time the original Consent decree was negotiated, the City
did not have a City Engineer or Water/Wastewater/Utility Director,
so the task fell to the City Attorney Ian Sievers. That was the
reason why so much effort has been made to renegotiate the Consent
Decree. According to the process articulated in that Consent
Decree, a mediation meeting was held between the City and the
Alliance, which resulted in an agreement in principle. At the end
of that mediation session, the mediator stated to her "I guess my
work is concluded." Now, it appears the Alliance reneged
on that mediation. The City Treasurer's calculations reveal it
would cost 22 million dollars to implement the original Consent
Decree, which was based on 1991 figures and would need to be
increased by a minimum of 10%. A more realistic cost estimate
would be 25 million dollars; however, the City Treasurer doubts
Bond Counsel would approve such a bond considering the City
currently has one of the highest sewer rates in the State. If such
a bond was approved, it would mean a 20% rate increase in 1998.
She noted in 1995 there was supposed to be a 25% rate increase;
however, the City imposed a single digit increase in 1996. The
intent behind renegotiating the Consent Decree was to change the
prioritization of some of the basin improvements to aid the City's
cash flow. After the nearly 20% rate increase for 1998, future
rate increases pencil out to approximately 7% - 1999, 3.5% -
20000, and 5.5% - 2001/ 2002. If the City does not prevail in the
lawsuit, a moratorium would be imposed. She talked about the CSO
projects that have been completed, those in progress and what is
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Page 4 of 16
planned in the future. It concerned her that Bremerton was being
unfairly targeted by the Alliance considering the volume of CSOs
occurring in Seattle exceed two billion gallons, i.e., Bremerton's
entire year's worth of CSO events do not equal one of Seattle's CSO
events, yet the Alliance has not taken on Seattle.
Mayor Horton read the following Proclamations:
(1) SEPTEMBER 9, 1997, PRISONER OF WAR AND MISSING IN ACTION
REMEMBRANCE DAY, which was accepted by Bob Sauter, Retired Sergeant
Major.
(2) SEPTEMBER 16,
BANGOR, WASHINGTON,
Sergeant Major.
1997, MARINE CORPS SECURITY FORCE COMPANY
which was accepted by Bob Sauter, Retired
(3) SEPTEMBER 15, 1997, GOLD STAR PARENTS AND GOLD STARS WIVES AND
SISTERS REMEMBRANCE DAY, which was accepted by Nancy Moen,
President of Ladies Auxiliary VFW Post 3694.
(4) OCTOBER 4, 1997, BARBERSHOP DAY, which was accepted by the
Silver Bay Mud Flats Quartet.
PUBLIC RECOGNITION
Reverend Cleveland Williams, representing the Martin Luther King
Jr. Scholarship fund, announced Ike Parker and Mayor Lynn Horton
were the recipients of the 1997 Bridge Builder Award. He
acknowledge the presence of members of the City Council at the
Constitution Day Luncheon.
Bob Sauter, President Kitsap County Veterans Coalition, stated he
also attended the Navy 106 Session on September 3, which he did not
consider to be a legal public hearing because national protocol
states all public hearings must be opened with an invocation and
pledge of allegiance, which was not the case at that meeting.
During public testimony, he took it upon himself to represent the
80,000 prisoners of war and missing in action. Also, due to
inadequate notification the more than 700,000 veterans in the State
of Washington could not voice their verbal opinions about the
preservation of the Missouri, so he also represented them and their
1.5 million family members. He emphasized there is not a need for
to build a war memorial in Washington, D.C., or the State of
Washington, since we already have one and it is called the USS
Missouri. Every veteran that served in WWII, Korea, and Vietnam
has a little part of ownership in the Missouri as well as every
citizen in this great nation because the unconditional surrender
was signed aboard that ship and that is our memorial. It also
belongs to people within the international community, such as
Holland, Norway, China, Canada, Australia, New Zealand, Britain,
France, etc. He does not believe the Navy owns the USS Missouri
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exclusively. In his opinion, the September 6 MOM Rally on the
boardwalk was a great success and drew the support from
Congresswoman Linda Smith, who turned down other appointments in
Washington, D.C., to participate in the Rally.
Roy McInnis, Bremerton resident, reported he also attended the
Navy's 106 Session and was pleased that Councilman Montgomery
stayed calm during the proceedings.
Don Larson, President Kitsap Diving Association, identified the
following four meeting sites for the Sinclair Inlet clean up event
on September 20: First Street Dock, Lions Field Boat Ramp,
Missouri Gate Parking Lot and Annapolis Boat Ramp. This event will
take place from 11:00 A.M. - 2:00 P.M.
Carol Atkinson, Bremerton Main Street Association, announced the
Blackberry Festival was very successful with 5-6,000 more people on
the boardwalk than the previous year. There is no charge to the
public to attend this event; however, Ms. Atkinson publicly thanked
the following sponsors: Parr Auto Group, Coca-cola, McDonalds, The
Sun, Cascade Clear, Garguile's Red Apple, Power Aid, United
Airlines, Budweiser, Port of Bremerton, City of Bremerton, Bayview
Inn, West Marine, Kitsap Ready Mix, Pacific Northwest Marketing,
Kitsap County Work Release Program, U.S. Coast Guard, Vessel
Traffic System, Sheriff's Department, City of Bremerton Police and
Fire Departments, Kitsap County Government, Applied Technical
Systems, Olympic Resource Management, Seven Cedars Casino, Artistic
Landscaping, Ameri Corps, Kitsap Bank, KPS Health Plans, Puget
Sound Energy and Quality Inn. She extended a special "thank you"
to the Blackberry Festival Committee.
A1 Duke, Fire Chief, announced the need for volunteers to serve on
the Pro and Con Committees for the Emergency Medical Services Levy
ballot measure. He directed anyone wishing to volunteer to call the
City Council Office - 478-5280.
Mr. Sauter reminded everyone of the arts and crafts fair on 4th
Street on September 13 and 14.
Del Knauss expressed his concern that the Commission on Council
Salaries has the power to implement an increase in the Council's
salary without having to go before the City Council for approval.
And, whatever the committee decides, the City Council will be
obligated to include it in the 1998 budget. He referenced Page 1
of the City Charter, which states: "shall" means mandatory,,' and
he then referenced the section that addresses the "Commission on
Council Salaries" that states: "Commission shall file its initial
schedule of salaries for the positions of City Council members with
the City Clerk no later than May 1, 1997, and shall thereafter fil~
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schedules of May 1 of all applicable later years." It concerned
him that the Commission's actions will not take place until long
past that May 1 date. He suggested nothing be done to address
increases in Council salaries until next year when they meet the
May 1, 1998 deadline. He pointed out former Mayor Gene Lobe's
salary was $49,500, former Mayor Louis Mentor's salary was $55,836
and Mayor Horton's salary is $65,790. His concern over the Mayors'
salaries was the fact the public did not have any say in approving
them. Ian sievers~ city Attorney~ stated Mr. Knaus~ correctly
represented the discussion at the Commission's meeting on September
8. And, the City Council received a memorandum from Mr. Sievers
clarifying the impact of the Salary Commission's Ordinance. During
the discussions when the charter change was submitted to the
voters, it was clear that the change in salaries would be in effect
once the Commission acted and filed their ordinance with the City
Clerk. He understands the issue of the Commission's timely action
to see that any salary increases be submitted early in the
budgeting process. However, his interpretation is it is better
late than never and would be more noncompliance to ignore the
process for 1997 rather than submit after the May 1 deadline.
8A - CONTRACT BETWEEN CITY OF BREMERTON AND BREMERTON SCHOOL
DISTRICT FOR THE CONTINUATION OF TW~ SCHOOL RESOURCE OFFICE~
PROGRAM~ ~AB97-202
The Police Community resource Division is requesting approval and
authorization to enter into an agreement with the Bremerton School
District 100-C to receive funds of $38,000. The funds will cover
the cost of one Police Officer at 50% of the Police Department
budgeted cost for 1) full-time School Resource Officer; and a part
time School resource Officer as needed. The Police Officers
assigned as School resource Officers will supplement school
security by providing general and specialized police services to
the School District for the 1997-1998 school year. We receive the
Bremerton School District funds as a reimbursement from their grant
award from the State of Washington for public school site security.
Police chief Paul Du Fresne commented on the information presented
in the Summary Statement and then introduced School Resource
Officer Dan Fart, who also excels in marksmanship and firearms.
Officer Fatt stated this will be his third school year as a School
Resource Officer. His main goal is to provide a safe learning
environment for students, teachers and staff members. He counsels
students about their making poor choices and offers them better
alternatives. He provided the following statistics: made 669
contracts (counseling or called in by school for violent
intervention), out of those contacts he made a 59 arrests, which
include warrants arrests issued from the Juvenile Court. Since he
is starting his third year, he is seeing a "trickling affect" as
students, who are making good choices, move from grade school to
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the Middle School to Junior High and on up to High School. This
is a positive step toward seeing gang activity and gang apparel
declining at the Junior High level. And, there is a "zero"
tolerance policy for any kind of violence. President Fart stated
he has received very positive reports on Officer Fart's work at the
High School.
Bob Sauter, Bremerton resident, commended Chief Du Fresne for all
the Department's efforts in providing juvenile education programs.
He encouraged parents to become more active in the proactive
programs available through the Police Resources Department.
Roy McInnis stated he supports this program; however, he was
interested in the type of progress being made in working with
students at lower levels rather than starting at the High School
level? Officer Fart pointed out most children do not have positive
contacts with the Police. When he does have contact with students,
such as helping them with problems at school, at home or on the
street, he tries to make it a positive experience. His program is
a secondary program to D.A.R.E., and as the School Resource Officer
he is able to reinforce the values within those programs when he is
in or out of uniform and they seek out his help. He has many
success stories he could relate about students overcoming obstacles
and making good behavior choices.
Mr. Law questioned which level of schooling is the most effective
in presenting this kind of involvement? Officer Fart stated the
learning process never stops from the day we are born and any time
would be a good intervention time. He sees more problems at the
Middle School and Junior High School. Students in elementary
schools still have respect for authority, but once they reach
Middle School they are more susceptible to peer pressure and when
they reach Junior High they must prove that they are on one side of
the fence or the other. During his service as a Resource Officer,
he has made many interventions at the elementary school level,
where he has had an opportunity to counsel students about their
unacceptable behavior and show them ways to handle outbursts or
problems in a positive manner.
Mr. Winters stated having experienced some of the D.A.R.E. program,
he also believes the key point is working with students to learn
how to make the right choices.
Mr. McConne11 related an incident where his grandson had a disabled
vehicle and Officer Fatt and another officer stopped and waited
with him until his father arrived to give assistance. His
grandson's remark about the support he received from the Police
Officers was "those were two neat guys."
#2384
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M/S/C/U(McConnell/Montgomery) Motion that Council approves
agreement between the city and the Bremerton School District to
continue the School Resource Officer Program and authorize the
Mayor to executive same.
8B - EVERGREEN PARK PHASE I CONSTRUCTION DOCUMENT PREPARATION
PROFESSIONAL SERVICES AGREEMENT WITH HOUGH BECK & BAIRD, #AB97-203
In 1994, Hough Beck and Baird, Inc., competed in the RFP for the
completion of a Master Plan for Evergreen park. They were the top
choice and subsequently received a Professional Service Contract to
create the Master Plan. With the successful award of an IAC grant
for 50% matching funds for the Phase I construction at Evergreen
Park, it is now time to prepare the detailed construction documents
and secure the permits needed to begin the renovation. The cost
associated with this action is $64,168.00.
Becky Lorber, Parks and Recreation Department, stressed the strong
working relationship the City has had with Hough Beck & Baird on
early projects. The next step in redevelopment of Evergreen Park
is preparation of the detailed construction documents.
Don Larson, President Kitsap Diving Association, commended the City
for moving ahead with improvement to Smith Cove. Even though he
loves trees, he is concerned that plans to plant trees in the
parking area may restrict maneuverability for trailered boats and
trucks. Mr. Neville explained landscaping for the parking area
would come at a later phase and is still under negotiations. Mr.
Larson questioned when would the City implement the plan for Phase
II? Mr. Neville stated when funding becomes available Mr. Larson
suggested the former Brem-Air building be retained as a "shelter"
for future park use.
Mayor Horton announced the project to restore the seawall has been
completed, which was the precursor to Phase I. After several
earlier attempts to obtain grant funding for Phase I, the City was
successful in receiving an IAC grant. The City did apply for IAC
grant funding to move forward on Phase II, however, that project
was ranked too iow, so the City will reapply next year after
looking at ways to improve the application.
Mr. Overson asked Mr. Lorber to highlight what will be included
under Phase I. Ms. Lorber explained the documentation included
with the Agenda Bill lists what Hough Beck & Baird will prepare for
the architectural and construction documents on making the
components real, as outlined on the Master Plan. She noted the map
provided is a pictorial of the Master Plan. Mr. Overson questioned
the cost figures of $79,400, shown on one of the exhibits and
$64,168 identified in the agreement? Mr. Lorber stated the larger
#2705
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figure includes the cost for a Project Manager and surveys
conducted by the city, which would not be paid to Hough Beck &
Baird, but are part of the true cost for the construction design
phase.
Mr. Winters questioned when negotiations were completed with Hough
Beck & Baird for this proposal? Ms. Lorber stated the City started
negotiations in April and reached agreement with Hough Beck & Baird
in August. She noted the marked up documentation cam~ ~irectly fro~
Hough Beck & Baird. Mr. Winters questioned the timing of receipt
of the marked up exhibits? Ms. Lorber stated they arrived the
third week of August. She wanted Council to see the marked up
documentation because City staff felt some of the fees were high
and Hough Beck & Baird wanted to reflect where they made allowances
based on staff's concerns, which allowed staff to compare previous
bids with their current bid on this project.
President Fart asked if the documentation provided in the Agenda
packet was the same presented to the Council Committees? Ms.
Lorber stated yes, except for the addition of the map.
M/S/C(Neville/Montgomery) That the City Council authorize and
direct the Mayor to execute the Professional Services Agreement
with Hough Beck and Baird, Inc., to provide the construction data
and bid specifications required to complete Phase I of Evergreen
park renovation.
Vote on Motion:
Motion carried.
In Favor:
Abstain:
Winters, Montgomery, Huff-Menees,
Neville, Farr, Law, McConnell, Colvin
Overson
8C - KITSAP WAY STREET IMPROVEMENTS - CONSTRUCTION BID, #AB97-204
Bids for construction of the Kitsap Way Street Improvements were
opened on August 5, 1997. the following bid was the only bid
received for this project: Ace Paving $1,398,359.71.
The engineer's estimate for this project was $1,175,755.44. Funds
are unavailable to cover the cost increase for this project without
significantly impacting other projects. We recommend rejection of
the bid and rebidding at a later date when there is a more
competitive environment.
Randy Witt, City Engineer, stated prior to rebidding, staff will
review the bid documents to see if any improvements can be made to
reduce the cost of the project, as well as solicit more interest in
the contract by bidders throughout the region. The last course of
action will be to work with the State and other agencies to see if
more funding is available to apply to this project.
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Public comment - none.
TAPE #1493
Mr. Montgomery asked when would the project be started once it was
rebid within the City's financial capability? Mr. Witt stated he
expected the project to be started in spring of 1998.
#0042
M/S/C/U(Montgomery/Colvin) The City council reject the bid for
Kitsap Way Street Improvements and authorize the release of
Contractor's bid bonds.
9A - RESOLUTION 32626t ESTABLISHING A LODGING TAX ADVISORY
COMMITTEE AND APPOINTING MEMBER8 THERETOt ~AB97-205
Action taken during the 1997 Legislative Session directs cities
with a population over 5,000 to form a Lodging Tax Advisory
committee. This Committee must have at least five members,
appointed by the City Council. The Committee membership must
include at least two representatives of businesses that are
required to collect the Hotel-Motel Tax, two people who are
involved in activities that are authorized to be funded by this
tax, and one elected official, who serves as Chairperson of the
Committee.
The attached Resolution establishes the Lodging Tax Advisory
Committee and appoints the following individuals to serve as
Committee members: Chairman - Councilman sherril Huff-Menees;
Providers of Tax Funds - Yon Kang/Oyster Bay Inn; Rowena
Jongeward/Midway Inn; Chuck Higgings/Kitsap Lodging Association;
Recipients of Tax Funds - Grant Griffin/Visitor & Convention
Bureau; Sandra Howes/Bremerton Area Chamber of Commerce; and George
Bieda/Bremerton Naval Museum.
Public comment - none.
Mr. McConnell asked if the above named individuals had been
contacted and agreed to serve on this committee? Mrs. Huff-Menees
stated yes.
#0105
M/S/C/U(Colvin/Montgomery) To Pass Resolution #2626, establishing
a Lodging Tax Advisory Committee and appointing members to the
Committee as identified.
10A - PUBLIC HEARING - RESOLUTION #2625, REGARDING RECOVERY OF FEES
FOR THE REMOVAL OF GARBAGE AND DEBRIS FROM THE PROPERTY AT 633
ADELE AVENUE, #AB97-206
On July 10, 1997, the City removed garbage and debris from the
property located at 633 Adele after the owners, Devin and Straley,
failed to complete the work within the time allotted by the
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building official. The cost charged to the revolving abatement
fund for this action totaled $157.76. Council must now decide if
the fees are just and reasonable.
Judy Johnson, Department of community Development, stated the City
has two separate actions happening at this property. The one
before council is the recouping cost for removal of garbage. The
City received a complaint in June 1997, and the City followed up
with a notice to the property owner that same month. The City
received a call that someone had the owner's permission to clean up
the site; however, staff's response to them was that the garbage
must be removed within two weeks (July 8). City crews when out to
the property on July 10 and found that some of the garbage had been
removed and proceeded to clean up what was left behind. The City
did take action under the adoption of Resolution 2619, for the
removal of a large amount of blackberry bushes and weeds on this
same site; however, that project has not yet been completed by City
crews.
Georqe Quade, Joint Venture Properties, stated he represents the
owners of the subject property. The property has been vacant for
quite some time and is used as a dumping ground by other people.
He referenced a receipt, dated July 7, 1997, in the amount of
$150.00, for a dumping fee that was related to this property. The
debris that was left on the site at the time they picked up the
majority of the items was located under the windows and was full of
bees, which were sprayed in order to remove the debris at a later
date. When they went back to the site to complete the job, they
found someone had come onto the property and removed the remaining
garbage. In his opinion, the amount of garbage left behind would
not have filled one garbage can and the rest of the property had
been cleaned up as they were directed. He believes the cost is
unjust and from the documentation he received he could not identify
the basis for the charge. He also believes he showed a spirit of
cooperation with the City by their clean up actions.
Roy McInnis, Bremerton resident, questioned how citizens could get
the same kind of cost break on getting garbage/debris cleaned up as
the City's charges? He also questioned if the City's get a cost
break on landfill dumping fees? Ms. Johnson identified the
charges as follows: $128.00 for personnel, 1-hour fee for a 1992
GMC 1 ton pickup - $9.00, and dumping fees of $20.76.
Mr. McConnell questioned whether or not the pictures given to
Council reflected the condition of the site prior to any debris
being removed. Ms. Johnson pointed out the pictures were taken on
June 20. Mr. M~Connell questioned if the City actually picked up
20 yards of debris? Ms. Johnson stated that was what the Public
Departments indicated on the billing.
#0507
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September 10, 1997
Page 12 of 16
Mr. Colvin stated his concern that people might interpret Mr.
McInnis' comment in a way that they would let debris pile ups and
then let the City come in and do the work at a lessor cost. Mr.
McInnis stated that was not his intent. What surprised him was the
actual low cost of the clean up, but once he understood that some
of the clean up work had already been done he had a better
understanding how that figure was determined.
Mr. Winters asked if Mr. Quade had called the Building Department
to notify them that they had strayed a bees nest and would return
to clean up the remaining debris? Ms. Johnson stated she had
nothing documented that such a call was made to her department.
The property manager was given two extra days to complete the work
since the City crew was not dispatched to the site until July 10,
and up to that point the City had not been contacted. The City
would have been happy to work with Mr. Quade had they known about
the bee problem. Mr. Winters asked Mr. Quade if he had contacted
the city to ask for an extension? Mr. Qua4e stated no; however,
the remaining trash left on the site after the July 7 clean up was
minute. Mr. Winters asked Mr. Quade how often he had to pick up
trash from that property? Mr. Qu&de stated this was the second
time, the first time was after the tenants moved out. Most of the
trash on the site was from an old camper that someone had
abandoned°
Mr Montqomery related a recent incident where he observed someone
stopping their vehicle, putting up the hood of the vehicle and then
proceeded to dump trash on someone else's property. Had he been
able to get the license number from that vehicle, he would have
reported the illegal dumping. He pointed out it is the property
owner's responsibility for the condition of their property and a
bee's nest does not go away over night and must be physically
removed.
M/S/C(Montgomery/Huff-Menees) Council approves Resolution #2625,
ordering that the fees incurred for the removal of garbage and
debris from the property located at 633 Adele Avenue be collected
as reasonable abatement costs and become a personal obligation of
the property owner, which if not collected within 30 days shall
become a lien against the property.
Mr. Law questioned if the City didn't already have legislation that
would cause an additional penalty or added Administrative charge
for this kind of action? Ian Sievers, City Attorney, stated a
meeting was held recently to discuss that issue and the City's
policy that will be followed is under the Dangerous Building Code
that allows the city to consider a premise, not just a structure,
as unfit, which does have the Administrative overhead cost
included. It will also be the City's policy to warn people on
TAPE #1493
City Council Reg. Mtg. Minutes
September 10, 1997
Page 13 of 16
garbage, particularly where there are rotting things that can be
easily picked up and will be cited with a misdemeanor if they don't
clean up their garbage. The City will collect those fines through
that prosecution, which will supplement the cost to the City. Ms.
Johnson stated under that policy, an Administrative fee of $775.00
would have been added to the other identified cost, which in this
case would bring the actual cost of approximately $900.00, if that
policy applied.
Mr. Overson questioned the varying rates per hour for the personnel
charges? Randy Witt, City Engineer, stated he believes the one
individual with the lowest hourly rate is a temporary "summer help"
employee. Mr. Overson stated he was not sure it was appropriate to
"hammer" a landowner with the proposed exorbitant fees. He believes
some of the manpower is city work paid for by taxpayers; however,
he felt the proposed charges were probably appropriate.
Mr. Colvin asked if there wasn't some kind of consideration for an
out-of-town landowner when someone else dumps garbage on their
property and would they be responsible for the cost of removal?
Mr. Sievers stated yes, the owner is responsible and the lien does
attach for the cost against the landowner, although there may be a
third person involved in some criminal activity.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Montgomery, Huff-Menees, Neville, Farr,
Overson, Law, McConnell, Colvin
Winters
10B - RESOLUTION ~2624, 1998-2003 SIX YEAR TRANSPORTATION PLAN,
#AB97-207
The Six-Year Transportation Improvement Plan is prepared pursuant
to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually
and filed with the Secretary of Transportation, Department of
Transportation, Local Programs Office. It is intended as a
planning tool for the local, State and Federal transportation
funding entities. The attached plan has been prepared for City
Council approval by Resolution and will be submitted to Washington
State Department of Transportation.
Randy Witt, City Engineer, highlighted the following changes to the
plan:
(1) llth Street Reconstruction - this project has been completed
and has been deleted from the Six Year Plan.
(2) Sylvan Way Street Improvements - this project has been
completed and has been deleted from the Six Year Plan.
/5
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City Council Reg. Mtg. Minutes
September 10, 1997
Page 14 of 16
(3) Kitsap Way Street Improvements - this project was bid in July.
The bid came in too high and is being rejected. The project is to
be re-advertised for construction in 1998.
(4) Kean Street, Rodgers Street, Werner Road - these projects have
all been combined into the West Hills Commercial/Werner Corridor
Roadway Improvements. The Rodgers Street storm drainage project is
included in this project as a UATA match.
(5) Auto Center Way Street Improvements - this project has been
added to the Six Year Plan. It is a continuation of the current
Kitsap Way Project to the south bound on ramp of State Route 3,
along Auto Center Way.
(6) Sheridan Road - this project has been removed because it is
included in the City wide maintenance projects and handled under
the Miscellaneous Fund.
Jack Lefcoski, Bremerton resident, stated traffic on Wheaton Way
stinks and the Level of Service (LOS) is close to "F"; however, the
City does not know its current LOS. It appears that the data
coming out of the City's vehicle counter is not something that is
easily interpreted. As he understands State regulations, when the
LOS reaches 1 or "F," the City is to start planning for future
needs. The documentation provided to Council states the City will
be putting in $30,000, which he doubts will come about because the
City's contribution will only be used if the State puts in funding
as well. He would like to see the City start putting pressure on
Olympia to get the Wheaton Way Corridor study started. Once the
State gets involved with a study on this corridor, there will be a
preliminary conceptional plan in place and the State will be wiser
as to the final cost.
Bob Sauter, Bremerton resident, stated he has worked closely with
people in Olympia and suggests the City come up with a solution to
the problem before presenting it to the State. He believes
Representative Karen Schmitt is a good listener and has concern for
transportation needs in Bremerton and Kitsap County.
Roy McInnis expressed concern that the City was "lumping in" other
construction projects along with the Kean Street, Rodgers Street
and Werner Road project. He wanted to make sure any grant funds
identified for that project were not redirected to some other use.
He was particular concerned about the condition of the roadway in
that area and the fact little has been done to correct the
problems.
Mayor Horton stated in regard to the funding issue on the Wheaton
Way corridor, for the past several years the City has been very
TAPE #1493
City Council Reg. Mtg. Minutes
September 10, 1997
Page 15 of 16
successful in going to Olympia and asking for dollars for
transportation improvements. Funds are available, at least for the
City's position, for the Gorst/Connector Project and work is
underway on the next leg of that project. The City has also
received funding for two passenger-only boats, the first of which
will arrive February/March of 1998. Funding has been allocated for
the Transportation Center and the State will be replacing the
Manette Bridge within the next five years. She is confident the
Wheaton Way corridor Major Investment Study will be funded by the
State, which will be promoted this year.
Mr. Witt stated there was some discussion on being able to provide
the level of Service on the Wheaton Way corridor, he has that
information available and will provide Mr. Lefcoski a copy of that
data. Mr. Lefcoski was correct in his comment that the City's
traffic counting equipment was not functioning in a manner that
provided them the need traffic data. On the issue of setting aside
$30,000 for a Transportation Study, this dollar amount has been
identified until the State and Kitsap County get involved with the
project. The City's commitment to that study is $200,000 and the
documentation could be changed to reflect that amount; however, he
would leave that figure at $30,000 until the other two agencies
come into negotiations. Regarding the #4 project - grouping of
projects, the grant the City applied for and received for that
project is specific to Werner Road from the highway to Union Street
and on Rodgers Street between Auto Center and Kean, Kean down to
Rodgers, Oyster and Union for connections. The reason for the
Westhills title is largely how they develop grants in order to get
Economic Development points.
Mr. Montgomery stated two years the Wheaton Way corridor was
discussed extensively during development of the Comprehensive Plan
and he recommended that the level of service on Wheaton Way, once
it reaches 1.06 on the sale, which is in the "F" category, the City
would commence a Major Investment Study. He recalled the City
Council approved a 1.08 level of service, which has not been
reached. He doubts the State will put that study high on their
priority list when there are 500 different streets within the West
Sound region that have as high or higher level of service.
Mr. Winters asked Mr. Witt to also provide the Council members a
copy of the LOS report he was forwarding to Mr. Lefcoski. MT. Witt
pointed out that information was included in the backup
documentation given to Council as part of the Transportation
Element of the Comprehensive Plan.
Mr. Overson stated in regard to the level of service on the Wheaton
Way Corridor, he agrees with Mr. Montgomery's concept. If that
corridor needs to be recognized as an area that services a large
#1363
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City Council Reg. Mtg. Minutes
September 10, 1997
Page 16 of 16
part of the city's business, he would personally like to see twice
as many stop lights to accommodate vehicles turning into and out of
shopping areas. He supports the Transportation Plan as presented;
however, he does not support turning Wheaton Way into a freeway.
M/S/C/U(Neville/Huff-Menees) city Council adopts Resolution #1614,
approving the City's 1998-2003 Six-Year Transportation Improvement
Program and direct the Mayor to forward the Resolution and Plan to
the Department of Transportation, Local Programs Office.
President Farr thanked the TV camera crew for their services: Bob
Neal, Eva Williams and Mike Pebbles.
With no further business meeting adjourned at 7:43 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
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AGENDA BILL
..~BREMERTON CITY COUNCIL
1. SUBJECT:- MINUTES - SEPTEMBER 17, 1997
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
9-24-97
City Council
David Farr, President
~-19-97
2. ~: (comment on back
if necessary)
ENDORSEMENT__ INFORMATION
MAYOR
APPROVED BY COUNCIL
COUNCIL PRESIDENT
4. SLIM14ARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
.EXPIRATION DATE:
REVIEW DATE'
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTIC~ QF ACTION
APPROVED DISAPPROVED
AMENDED
11. AGENDA BILL NO:
2. CLEARANCE COM]4ENTS:
NON-PASSAGE:
_STAFFING. BUDGETS, FACILITIES. EOUIPMENT OR OTHER RESOURCES:
TAPE #1494
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
SEPTEMBER 17, 1997
0014
#0040
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, September 17, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees,
Richard Neville, John Law, Cecil McConnell, and A1 Colvin.
Councilman Lon Overson was absent. Also present were City Attorney
Ian Sievers and Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Ms. Diane Lightfoot of
Abundant Life Foursquare Church.
CONSENT AGENDA
A. Minutes of Meeting -- August 27, 1997
#AB97-208
B. Minutes of Meeting -- September 3, 1997
#AB97-209
M/S/C/U(Neville/Montgomery)
presented.
to approve the Consent Agenda as
CLAIMS/CHECK 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 that
had been made available to the Council.
M/S/C/U(Colvin/McConnell) on September 17, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 212622 through 212821 in the amount of $226,614.87; and
Regular Payroll for the period ending 9-15-1997, in the amount of
$729,835.53.
COUNCIL MEMBER REPORTS
Mr. Colvin congratulated all the participants in the recent
election. He reminded everyone of the District #1 Neighborhood
Meeting on September 18, 1997, 7:00 P.M., at the Sheridan Park
Recreation Center. He will be researching State of Texas
legislation on zero tolerance for teenagers using tobacco and
alcohol products. He would like to hear from Bremerton citizens
whether or not they would support such legislation. (Note: Paula
Johnston, Deputy City Clerk, read into the record a newspaper
article addressing this no tolerance policy,)
Mr. McConne11 announced he will hold a District #2 Neighborhood
Meeting on September 25, 1997, 6:00 P.M., at Fire Station #3. The
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City Council Reg. Mtg. Minutes
September 17, 1997
Page 2 of 7
agenda for that meeting will include guest speakers Jim Spencer,
Director of Parks and Recreation, and Jim Trainer, Urban Forester.
Mr. Law reported on the District #3 Neighborhood Meeting held
September 16, and thanked those who attended that meeting. He
extended a special "thank you" to Henry Mincey, Community Police
Resource Manager, for his presentation and the outstanding ideas on
how citizens can support the Police Department.
Mr. Neville reminded the public of the Park Planning meeting on
September 23, 7:30 P.M., at the Sheridan Park Recreation Center.
If anyone needs a ride or more information, they can call 478-5305.
Mr. Winters stated he was approached by Maynard Hoffman and Jim
Reed about his not being among the group that toured Oyster Bay and
the connecting channel aboard the City's Fire Department boat on
September 13. The answer he received to that question was the
Planning Commission chairman Larry Stone was the person to contact
regarding that event. He and Councilman Montgomery represent the
residents in that particular area. He was also asked by Leanne
Kirk and Rex Brown when lighting would be installed at Pendergast
Regional Park.
MAYOR,S REPORT
SPECIAL POLICE PRESENTATION - Police Chief Paul Du Fresne and
Captain Joe Hatfield - Bremerton Municipal Court Judqe Bruce Martin
administered the OATH OF OFFICE to Police Officers Martin Knott and
Keith Sargent. Police Chief Du Fresne reflected on the excellence
of Bremerton's Police Officers and Police Department.
President Fart read the following Proclamation:
(1) September 19, 1997, BREMERTON SENIOR CENTER DAY, which was
accepted by Becky Lorber, Bremerton Parks Department.
PUBLIC RECOGNITION
Mike Shepherd, Bremerton resident, announced the Evergreen
Neighborhood group will meet on September 25, 6:30 P.M., at the
Smith Building on Park Avenue.
Roy McInnis, Bremerton resident, expressed his concern over an
Agenda item that was approved at the September 10, 1997, City
Council meeting that authorized $64,168 be spent out of Roosevelt
Field replacement fund and was budgeted in the 1997 budget for a
project at Evergreen Park. It was his understanding that the money
received from Roosevelt Field was to be spent on Pendergast
Regional Park. He did talk with the Parks Director Jim Spencer,
but was not satisfied with his answer on this issue. He asked that
he receive a response, in writing, indicating the reasoning behind
the decision to use that particular fund for the Evergreen project.
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Page 3 of 7
Don Larso~, President Kitsap Diving Association, reported Senator
Bob Oke has recommended that funds be set aside for marine
sanctuaries to protect Puget sound bottomfish. He noted Senator
Oak has worked with Kitsap Diving Association over the past seven
years trying to establish an underwater part for Bremerton. It
appears the Department of Fish and Wildlife has conducted a number
of tests and found that the Edmond's Underwater Park is one of the
most successful marine protected areas within the State, which was
established 30 years ago by the City of Edmonds. Mr. Larson is
still hopeful that the City of Bremerton will take action to set
aside an area in Bremerton as a marine protected area. He reminded
everyone of the Sinclair clean Up on September 20, 1997, 11:00 A.M.
- 2:00 P.M.
Gord¥ Byrd expressed his gratitude to personnel at Harrison
Hospital and Bremerton paramedics for their assistance when he
experienced a medical emergency. He is still pursuing gathering
funds to build a shelter for the homeless.
8A - THE APPOINTMENT OF TWO COMMITTEES TO WRITE STATEMENTS -FOR-
AND "AGAINST" THE EMERGENCY MEDICAL CARE AND SERVICES TAX LEVY,
#AB97-210
The Fire Department has solicited at two public hearings members of
the community wishing to sit on a committee for the purpose of
writing statements "for" and "against" the Emergency Medical Care
& Services Tax Levy. Two individuals have consented to write the
"for" statements, but no one has presented their names to write the
"against" statements.
The two names that I bring forward to write the "for" statements
are Raymond Manglona and Laurence Stone, both City of Bremerton
residents.
A1 Duke, Fire Chief, briefly reviewed the data in the Summary
Statement.
Public comment - none.
Mr. Neville asked Chief Duke to explain the County's responsibility
if the City is unable to provide someone to write the "con"
statement. Chief Duke read the following: "The authority shall
appoint persons known to favor the measure to serve on the
committee advocating approval and shall whenever possible appoint
persons known to oppose the measure to serve on the committee
advocating rejection. If the authority fails to make such
appointments, the County Auditor shall, in conjunction with the
local Voters Pamphlet and Advisory Committee make the appointments.
The County does not have to make an appointment, if the City shows
a good faith effort to solicit such members. He noted the ballot
#1184
TAPE #1494
City Council Reg. Mtg. Minutes
September 17, 1997
Page 4 of 7
measure statements must be to the County by September 24.
M/S/C/U(Neville/Colvin) to appoint Ray Manglona and Laurence Stone
to a committee that will write the "for" statement for the
Emergency Medical Care & Services Tax Levy that will be plaCed in
the Voters Pamphlet.
9A - ORDINANCE (FIRST READING) AMENDING LITTER REGULATIONS TO
ESTABLISH A SEPARATE INFRACTION FOR THROWING CIGARETTES OR OT~_R
BURNING REFUSE, #AB97-211
The 1997 legislature created an infraction for littering by
discarding burning cigarettes. This infraction carries a penalty
which is inconsistent with the municipal code. The proposed
ordinance adopts this infraction with state penalties and expands
the offense to include littering with any burning refuse.
Ian Sievers stated this proposal would include a new classification
of civil infraction, for discarding burning tobacco products, into
the City's Municipal Code so that it can be prosecuted in Municipal
Court. There was a problem with inconsistent penalties and the
City must be consistent with State law penalties on local crimes.
Initially, the City's penalties were too high since the State
decriminalized them to civil infractions. For this particular
class of civil infractions, the City's normal penalty of $250.00
was too low and the State set an extraordinary penalty for this
type of littering, which can have serious consequences in terms of
starting fires. The only other change made to the State act, was
instead of other tobacco products, burning refuse was included
because it seems more comprehensive. The intent is to focus on the
consequences, which can certainly result from other burning
materials and simple tobacco products.
Don Larson, President Kitsap Diving Association and Chairman of a
Citizen Action Committee, stated his support of the proposed
ordinance based on past experiences cleaning up Sinclair Inlet and
finding an extraordinary amount of cigarette butts being deposited
in the Sound. He emphasized tobacco products are harmful to marine
life.
Mr. Winters described a scenario of someone burning on their
property and a lit ash floats over to a neighbor's property. He
questioned if the person doing the burning could be penalized for
that kind of activity under this ordinance? Mr. Sievers stated if
someone is not properly managing open burning on their property it
could be a violation of the Fire Code. But, if someone cleaned up
ashes that were still smoldering and discarded them in an improper
manner it would be covered under the proposed ordinance. Mr.
Winters agreed with Mr. Larson regarding the large numbers of
cigarette butts being discarded by the public, particularly along
#1336
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city Council Reg. Mtg. Minutes
September 17, 1997
Page 5 of 7
Pacific Avenue.
Mr. Colvin questioned how would this ordinance affect someone
walking down the street holding a cigarette? Mr. Sievers stated it
means they should pay more attention to where they dispose the
cigarette butt and not be as thoughtless as they have in the past
by discarding them in an inappropriate manner. Mr. Colvin
questioned like throwing the cigarette butt on the street? Mr.
Sievers explained that action would be considered littering, but if
it the cigarette butt continued to smolder it becomes a very
serious civil infraction.
M/S/C/U(McConnell/Montgomery) to approve ordinance on first
reading, creating a separate infraction for disposing of burning
material improperly and amending Chapter 6.28 of the Bremerton
Municipal Code.
9B - RECONSIDERATION OF MERIT COMPANY PROPOSALANDCLARIFICATION OF
DEPARTMENT OF TRANSPORTATION'S CONCERN RELATING TO CAPITa?.
FACILITIES PROGRAM; ORDINANCES (FIRST READING), ~AB97-192
Mayor Lynn Horton stated two weeks ago when the Merit Company issue
was voted down by the City Council, she asked that it be
reconsidered for a more in depth discussion. Her reason to make
such a request was her belief that there was a window of
opportunity to look at the site in a broader liqht, which would
have warranted rezoning what has been residential' property into a
commercial application. She pointed out the Wheaton Way corridor
is bounded by a strip mall through the entire corridor. At some
point in time, the City will need to address that corridor and look
at options for redevelopment or changing that strip mall atmosphere
to be more aligned and integrated with the residential
neighborhoods. The applicant was requested to submit site plans;
however, the ones she reviewed did not fit in with the kinds of
things the City had requested. A neighborhood planning meeting was
held to talk about that integrated approach and the design
submitted did not fall within those guidelines. It is not her
intention to simply expand that commercial corridor up Riddle Road.
As a result, she and m~mbers of the Administration are supportive
of Council's original vote denying the change to the Comprehensive
Plan. She appreciated Council giving her the extension of time to
give the Merit Company issue a closer look.
Public comment - none.
Mr. McConne11 stated he agreed with Mayor Horton that any changes
made to that particular area should blend in with the surrounding
neighborhood.
Kay wilson, Department of Community Development, stated the City
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City Council Reg. Mtg. Minutes
September 17, 1997
Page 6 of 7
received a late letter from the Washington State Department of
Transportation (DOT) expressing concern on the level of service for
the Wheaton Way/Warren Avenue corridor, which was listed in the
Capital Facilities Program. That Chapter is a summary of what is
in the Transportation Element, which is more complete. When she
spoke with a representative of DOT, they apologized for the late
submittal due to their moving into new office facilities.
Subsequent discussions were held with the City Engineer and
resulted in the recommendation of some minor clarifying wording
(underlined portions) as follows:
Transportation Section - under 2(a) Current Level of Service -
Almost all roadways in the City function at or better than LOS D.
(2(b) The Transportation Element establishes the following level of
service threshold standards:
Arterial Streets--LOS D or better (v/c less than or equal to 0.9)
with the exceDtion of the followinq:
Wheaton/Warren Corridor--MaximumLOS F with V/C/threshold of 1.06.
Kitsap Way corridor--Maximum LOS E or better (V/C less than or
equal to 1.00.
Manette Bridge--Maximum LOS E or better (V/C less than or equal to
1.00).
The hiqher threshold in the above three corridors allow time to
#1874
#2004
develop strateqies to address the corridor transportation needs.
Transportation projects in these corridors will have a goal to
obtain a LOS D.
Roy M¢Innis asked if Wheaton Way corridor included lower Wheaton
Way? If not, he could not understand why lower wheaton Way would
not be included simply because of Harrison Hospital and the
Doctor's Clinic. Ms. Wilson stated lower Wheaton Way would not be
included in LOS F; however, it would be included in LOS D or better
for the other arterial streets. None of this makes any change to
the level of service that is already established in the
Transportation Element.
M/S/C/U(McConnell/Montgomery) Motion to approve the comprehensive
Plan as submitted, on first reading, amending Enclosure E, Capital
Facilities Element, according to Attachment II of the Staff Report.
M/S/C/U(McConnell/Winters) Motion to pass the Zoning Ordinance as
submitted in the Agenda packet as unchanged.
TAPE #1494
City Council Reg. Mtg. Minutes
September 17, 1997
Page 7 of 7
President Fart thanked the TV camera crew for their services: Bob
Neal, Eva williamson and Mike Pebbles.
With no further business meeting adjourned at 6:31 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
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AGENDA BILL
BREMERTON CITY COUNCIL
ORDINANCE ~/4606
SUBJECT: -DRnTNANC~ '~}~' 607
1997 Docket of Comprehensive Plan
Amendments, related Rezones, and the
adopting ordinances.
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
August 20 & 27, 1997
DCD/Planninq ~
Ron W. Houqh
Auqust 14, 1997
CLEARANCES:~=~c~.. if necessary)
City Attorne~
Dir. Comm. Dev. ~//~~
3. EXHIBITS:
Staff Reports
Plannin9 Commission Resolution
Comp. Plan Amendment Ordinance
~_~..,, ,~ z~ . /. ,/ Zoning Map Amendment Ordinance
Fiscal & Budget Com~~~ '-~-~..f--. Planning Commission Minutes
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Bremerton Comprehensive Plan may be amended only once each year. The process begins with
the April 1 deadline for applications. This year's ten amendment proposals were submitted to state
agencies and other individuals and jurisdictions for review, and were processed by staff and the
Planning Commission before arriving at the City Council for final public hearings. Six proposals, if
approved, will require Rezones to maintain Plan/Zoning consistency. To expedite the process, the
Planning Commission has considered the Rezones at public hearings and staff has scheduled both the
Plan Amendments and their related Rezones for simultaneous action by the City Council. Because of
the number of proposals, and the complexity of some, the public hearing has been divided into two
parts. It will begin on August 20 and continue to August 27 to allow time for questions and discussion.
8. RECOMMENDATION: [for August 27]
(1) City Council passas O~[N~CE .~f4606 on second r&ading, adopting
Bremerton Comprehensive Plan as amended.
(2) City Council Passes O~IN~CE ~f4607,9' RESPONSIBLE OFFICIAL:
on second readmng~ revmszng the ENFORCEMENT OFFICIAL:
Official Zoning Map Of The City Of EXPIATION DATE:
Bremerton to 'Maintain Consistency With REVIEW DATE:
1997 Comprehensive Plan ~endments
1997 amendments to the
Donald L. Pratt
10. NOTICE OF ACTION:
PULLED TABLED APPROVED
COUNCIL DIRECTIVE:
DISAPPROVED
DATE:
AGENDA BILL NO:
AMENDED
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Most of the proposed amendments are development-related. The applicants are attempting to change
the City's Plan and Zoning in ways that they feel are positive and that will allow new homes,
apartments, commercial and industrial development. They are awaiting the City's decisions.
Non-passage will uphold the current Comprehensive Plan and Zoning for the affected properties and
the applicants will not be able to carry out their development plans. Denial will not seriously affect most
of the proposals. Exceptions are the annual Capital Facilities Element updates, which are directly
related to the City's CIP and Budget, and the Smith Cove proposals which will affect the expansion of
Evergreen Park and the future use of contaminated former industrial areas.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EC~UIPMENT OR OTHER RESOURCES:
Approval of these changes may slightly inci'ease the re~,iew and permit processing demands of staff if
new development occurs as a result. This would be considered a positive impact on the City. None of
the proposed amendments or rezones are expected to significantly impact departmental budgets,
staffing, facilities or equipment needs.
7. RESEARCH SOURCES:
Supplement to Agenda Bill
Ordinances --- 2nd readin~l:
Ron W. Hough, Plannin~ Manager -- Department of Community Development
Ordinance 4606: 1997 Comprehensive Plan Amendments
Ordinance 4607: Related Rezones
Previous Actions:
August 27: The City Council made decisions on 10 proposed amendments to
the City's Comprehensive Plan and passed adopting Ordinance 4606 on first
reading. Five Plan-related Rezones, contained in Ordinance 4607, were also
approved on first reading.
September 3: The City Council agreed to delay second reading to reconsider
its denial of a Plan/Rezone request by Merit Company and to consider late-
arriving comments from the State Dept. of Transportation.
September 17:
1. The Council reconsidered the Merit Company proposal and upheld its
earlier decision to deny.
2. The Council heard a staff report on the DOT issues related to
transportation Levels of Service and agreed to add some clarifying
language to pages 61 and 62 of the Capital Facilities Program.
September 24: Both ordinances are now ready for 2nd reading.
ORDINANCE NO.
AN ORDINANCE adopting 1997 amendments
to the Bremerton Comprehensive Plan.
· WHEREAS, the City of Bremerton adopted its revised Comprehensive Plan by
Ordinance No. 4545 in February 1996; and
WHEREAS, requested and proposed amendments to the Plan were docketed in
accordance with an adopted procedure for amending the Plan once per year, were processed
through the Planning Commission public hearings in May and June, and were submitted for a
mandatory 60-day review by state agencies on June 11, 1996; and
WHEREAS, the Bremerton Pla.nning Commission, following its public study sessions
and hearings during May and June 1996, recommended City Council adoption of the proposed
amendments, as presented, subject to any adjustments that may be necessary as a result of public
testimony and comments from state agencies; and
WHEREAS, the Bremerton City Council conducted public hearings on these proposed
amendments on August 20 and 27, 1997 to accept additional public comments and to consider
the recommendations of the Planning Commission and state agencies; now therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Bremerton Comprehensive Plan Map is hereby amended in the West
Hills neighborhood south of Roosevelt Avenue to change the designation from "Utility (U)" to
"Medium Density Residential (MDR)", as shown in attached Exhibit "A", on a small portion of
a City reservoir site that has been surplussed and may be sold for residential development.
Section 2. The Comprehensive Plan Map is hereby amended on the east side of
Wheaton Way, north of Dibb Street, to change the designation of two lots from "School (S)" to
"General & Highway Commercial (C-G)", as shown in attached Exhibit "B".
Section 3. The Comprehensive Plan Map is hereby amended in the vicinity of the Auto
Center district to change the designation of four lots, consisting of about 22 acres, from "General
and Professional Office (C-P)" to "Industrial Park (IP)", as shown in attached Exhibit "C".
Section 4. The Comprehensive Plan Map is hereby amended to change the designation
of two small lots, comprising about one-third acre total area and located on the south side of
Broad Street from "General & Highway Commercial (C-G)" to "Medium Density Residential
(MDR)", as shown on attached Exhibit "D".
1997 Plan Amend. Ord. -- Page 1
Section 5. The text of the Comprehensive Plan is hereby amended to incorporated the
annual update of the Capital Facilities Program portion of the Capital Facilities Element, as
attached hereto as Exhibit "E".
Section 6. The Comprehensive Plan Map is hereby amended to expand the "Parks (P)"
designation north of Sheldon Boulevard and Thirteenth Street, south of Smith Cove, and to
expand the "High' Density Residential (ItDR)'" designation to include two additional lots on the
east side of Highland Avenue, as shown in attached Exhibit "F".
Section 7. The Land Use Plan maps contained within the Comprehensive Plan are
hereby amended to eliminate the designation "Cemetery (C)" and change all areas currently
designated "C" to "Low Density Residential (LDR)", as shown in attached Exhibit "G".
Section 8. The text of the Comprehensive Plan is hereby amended to add descriptions
of the land use designations used on Plan map, as contained in attached Exhibit "H".
APPROVED by the City Council on the first reading this
day of August ,1997.
27th
PASSED by the Bremerton City Council this
,1997.
day of
DAVID FARR, President
Bremerton City Council
APPROVED this
day of ,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Published:
Effective:
1997 Plan Amend. Ord. -- Page 2
Exhibit "A"
HARBOR HEIGHTS APARTMENTS --- Plan Amendment;
This amendment changes the designation of the area shown below from "Utility (U)" to
"Medium Density Residential (MDR)". All other portions of the site proposed for the Harbor
Heights Apartments development are currently designated "MDR". This amendment brings the
entire site under that designation and allows the surplus Utility land to become part of the
development.
Map Amendment:
Area to be amended from "U" (Utility)
to "MDR" (Medium Density Residential) r-~
I
Area recently annexed to the City.
Designated "MDR".
Zoned "MF" (MUlti-family Residential)
1997 Plan Amend. Ord. -- Page 3
Exhibit "B"
BREMERTON SCHOOL DISTRICT--- Plan Amendment:
This Plan Map amendment will allow the School District to sell two lots of surplus property for
commercial development. The lots front on Wheaton Way and are adjacent to other commercial
properties to the north and south. The Plan designations of the two lots are changed from
"School (S)" to "General & Highway Commercial (C-G)'.
Change the Plan designation
on the subject property from
"S" to "C-G".
C-G MDR
C:P'
LDR -
LDR
MU
U
LDR
1997 Plan Amend. Ord. -- Page 4
Exhibit ggC~
AUTO CENTER AREA INDUSTRIAL -- Plan Amendment:
This amendment applies to four lots (about 22 acres) located on the hillside above and to the
west of the Auto Center district. The property is currently planned and zoned for office
development. The amendment will change the designations of these lots from "General &
Professional Offices (C-P)" to "Industrial Park (IP)".
H!
The Plan designation of the shaded area
is changed from "C-P" to "IP"
rRd.
HI
P C-G
1997 Plan Amend. Ord. -- Page 5
Exhibit "D"
BROAD STREET RESIDENTIAL--- Plan Amendment:
This amendment changes the designation of two small lots from "General & Highway
Commercial (C-G)" to "Medium Density Residential (MDR)". The lots are too small and too
far removed from Wheaton Way to be suitable for commercial development. With the recent
development of Broadmore Village, the west end of Broad Street has become a viable residential
neighborhood. This change is consistent with that trend.
E. Broad Street
LDR
C-G
1997 Plan Amend. Oral. -- Page 6
Exhibit "E"
CAPITAL FACILITIES ELEMENT AMENDMENTS;
Breme[ton Comprehensive P/an
CAPITAL FACILITIES
ELEMENT
Part 2 of 2' Capital Facilities Program
Prepared by:
BREMERTON PI_~NNING
Adopted: April 5. 1995
Revised: October 23, 1996
1997 Plan Amend. Ord. -- Page 7
Exhibit "F"
SOUTH SMITH COVE --- Plan Amendment:
o
This amendment changes the designation of lands along the north side of Sheldon
Boulevard and Thirteenth Street from "Mixed Use/PUD (MU)" to "Parks (P)". This will
achieve consistency with the master plan for the expansion of Evergreen Park and prevent
commercial or industrial development t¥om disturbing documented soil contamination
areas immediately south of Smith Cove and north of Sheldon/Thirteenth.
°
The Plan designations on two lots on the east side of Highland Avenue are changed from
"Mixed Use/PUD (MU)" to "High Density Residential (HDR)".
P
MU
PROPOSED
Park
Mixed Use
Nci~_hbo[hood Convenience
Low Densify Residential
Medium Densily Residential
High Density Residential
Current
__HDR__
1997 Plan Amend. Ord. -- Page 8
Exhibit ggG
REMOVAL OF "Cemetery" DESIGNATION --- Plan Amendment:
This amendment eliminates the designation "Cemetery (C)" from all Comprehensive Plan maps
to remove the potential for confusion and conflicts with zoning. This change affects only two
areas of the City, as shown below, and will have no effect on the ability of an existing cemetery
to expand in the future in accordance with the provisions of underlying zoning.
The Plan designation of all areas currently designated "Cemetery (C)" are hereby changed to
"Low Density Residential (LDR).
P
Location Maps:
A: West Bremerton
Land Use Plan
HDR
Oyster Bay
C-P
B: Central Bremerton Land Use Plan
1997 Plan Amend. Ord. -- Page 9
Exhibit ¢,H
Land Use Designations
Land Use
DESIGNATION DESCRIPTION
LDR Low Density Residential: This designation includes existing and proposed
residential neighborhoods at densities of 8 dwellings per acre or less. It is applied to
areas that don't have the levels of urban services needed for higher densily development,
or that have terrain, sensitive areas (wetlands, creeks or shorelines), poor access, or
special amenities (views) .that are best prgtected through Iow density development.
Large lots are allowed in LDR zones, especially in areas without sewer service.
Developers are encouraged to cluster development on smaller tots in exchange for open
space through thc PUD process to make thc best possible use of the site. Four Pr/mary
Residential Zones are directly consislent with this Plan designation (SI:- I, SF-2, SF-3,
and DR). The Limited Parking Overlay (LPO) and Parks & Schools (PS) zones are also
consistent with all residential Plan designations. Small "secondary zones" may be
approved within larger residential developments to serve local needs for convenience
shopping, employment, education or recreation.
MDR Medium Density' Residential:' This designation is applied Io lhe older higher-
density residential neighborhoods &Central Bremerton where lots are small and mixed
development is common or desirable. Other areas may be designated MDR when
found to be suitable for the 8-18 units per acre density level. Such areas are generally
near transportation corriddrs and sh0ppJn~/employment concentrations, and have
adequate availability of urban services and facilities. MF and CBR are the primary
zones in tiffs designation. They allow virtually all types of residential 'development,
including single-unit homes and duplexes on small lots, multi-unit developments,
townhouses, and boarding houses. Limited mixed uses are permitted in these zones to
provide convenient services to neighborhoods without causing land use conflicts.
IIDR lligh Density Residential: This designation allows the City's highest densities
(more than 18 units per agre) and is dire.ctly consistent with the "MR" zone which allows
up to 44 units per acre. HDR areas are intended primarily for locations along major
transportation corridors, within and around the Central Business District and smaller
business districts, and where such development can take advantage oF unique views or
such amenities as shorelines, recreational facilities, or access to ferries or buses.
Utilities, services and transportation must be adequate to serve HDR development.
C-G General & Highway Commercial: This is the City's most intense
commercial designation. It provides for the "GB (General Business)" and "SC
(Shopping Center)" zones, both of which are automobile oriented and designed for
application along highways and major arterial streets having high traffic volumes, direct
auto access, and maximum drive-by visibility. These locations are suitable for such
"heavy commercial" uses as shopping centers, major grocery stores, auto services, auto
repairs, motels, taverns, restaurants, adult enterlainment, fast food, and large scale
retailers that require very large structures'and expansive parking. Most types of
businesses are permitted in these areas, along with office uses. Residential is permitted
as a secondary use.
1997 Plan Amend. Ord. ~ Page 10
Land Use
DESIGNATION DESCRIPTION
C-P General & Professional Offices: This designation supports thc "1'0
(Professional Office)" zone. It's applied in locations that are uniquely suitable l'or off'ice
development, areas that have physical or Iocational features that might be less suitable
for higher intensity uses, or areas in which office development might provide a buffer or
transition between two zones that might otherwise conflict. Of'rice districts may consist
o£ a mixture of offices and support services such as copy and computer services, office
machine repairs, or mail services. Light retail, such as a restaurant, book or stationery
store, art supplies store, delicatessen, or newspaper/magazine shop are usually
compatible with this district.
CBD Central Business District: This is downtown Bremerton. This desi~ation
supports a number of zones, including BC..(Business Core), GB (General Business), PO
(Professional Office), and the medium and high density residential zones MF and MR.
The URD (Urban Renewal District) is on the CBD waterfront. The CBD is intended to
provide a mix of uses that includes ~:etail at the street level of the primary pedestrian
streets, with offices, apartments, studio lofts, and other uses on the upper levels. Tile
downtown zones allow the highest resident/a/densities in the City with the Fewest
development limitations. Residential zones (MF and MR) may be permitted on side
streets at densities up to 44 units per acre where it can be demonstrated that pedeslrian
retail is less important tha.n close proximity of full time downtoxvn residents. CBD
development should be designed to encourage walking, shopping, browsing, and the use
of public transit, bicycles and the ferry system to reduce the importance of the private
automobile in this compact downtown environment.
NC Neighborhood Convenience: This designation suppor(s tile "NB
(Neighborhood Business)" Zone and is intended to provide small scale convenience
services and retail goods within small neighborhood service areas. This dislrict is often
centrally located within neighborhoods and should minimize vehicular traffic and
encourage short-distance walking. It should not include businesses with regional
markets that bring traffic from other areas. Neighborhood Convenience centers often
consist of small "Mom & Pop" markets and may also include such personal services as a
barber/beauty salon, day care center, neighborhood or senior center, and other activities
that might benefit thc surrounding neighborhood.
MU Mixed Use/PUD: Tl~is designation'is intended for areas ~hat are in transition,
usually from residential Io commercial or industrial, or lhat are in a transitional location,
such as between a residential neigh§orhood and a commercial district.' The "MX (Mixed
Use)" zone is the primary zone and leans toward commercial development with
residential allowed as a secondary use. In cases where tile MX zone doesn't provide tile
needed flexibility, tile MU Plan designation promotes mixed use developments through
the PUD process. Single purpose developments that don't require a PUD and cau't be
built within the parameters of the MX zo. ne should not be designated MU.
1997 Plan Amend. Ord. ~ Page 11
Land Use
DESIGNATION DESCRIPTION
HI ltcavy Industrial: This designation is applied lo Ibc City's least sensitive areas
and areas most suitable for. large-scale ind.ustrial uses. It supports the "IG (Industrial
General)" and "MX (Mixed Use with industrial emphasis)" zones. Such uses include
manufacturing, warehousing, truckin, g operations, motor vehicle sales and service, large
open display lots, and are often accompanied by extensive outdoor storage of supplies,
vehicles, heavy equipment, products, or other materials. Businesses lhat typically
generate noise, dust, odors, operate at late or odd hours, or that otherwise might not be
pleasant neighbors could expect to find a home in the HI district. This district is placed
as close as possible to major highways, freeways, airports and rail lines, and as far as
possible from residential neighborhoods and other sensitive rand uses.
IP Industrial Park: This designation supports thc "IP (Industrial ['.ark)" and "MX
(Mixed Use with light industrial emphasis)" zones. It is intended to provide areas for a
mix of office, wholesale, trade and distribution, bulk retailing, and light manufacturing
in a Iow-density, campus-like environment. The district should be designed to minimize
adverse impacts on adjacent areas and to present an attractive well-landscaped
appearance. Businesses located within an Industrial Park should be contained within
buildings and have very little, if any, outdoor storage other than business-related vehicle
parking. All areas of the Indus(rial Park should be landscaped with grass, shrubs, trees,
etc., and all roads, driveways and parking areas should be paved. Preserved open space
areas might include such employee amenities as walking/jogging paths or bike paths to
encourage exercise or alternative commuting.
BP Business Park: Tills designation was designed for very unique situations. It
allows small and very unol3trusive busine~ises to locate within or adjacent to residential
neighborhoods. The primary zones are "BP (Business Park)", "PO (Professional
Office)", and "MX (Mixed Use witli business emphasis)". These zones allow a limited
variety of Iow-intensity commercial, office and manufacturing businesses that are most
compatible with residential neighbors. Care should be taken to ensure that development
within the BP district is attractive, well-landscaped and an asset to tile neighborhood in
which it is located. This designation may also serve as a buffer or transitional district.
RE Resource Extraction: This designation is reserved for possible application to
areas that may be identified as mineral resource sites of commercial s!gnificance that
should be protected from other types of development. The City has not used this
designation because all known mineral/gravel resource extraction sites within tile City
are already permitted, are in operation, and are zoned appropriately for industrial use.
The liE designation could be applied'as the long-range intent on lands that are in a
different short-term use. A phased zoning approach may work well in such a situation.
T Transportation Facilities: This designation has been applied to major
transportation facilities of regional significance, such as the ferry terminal and Kitsap
Transit's bus maintenance and storage facilities. It might also be applied to locations
found to be uniquely suited for commuter parking lots, heliports, etc. There is no zone
that is specifically related to this Plan designation, but all commercial and industrial
zones are considered appropriate.
1997 Plan Amend. Ord. -- Page 12
Land Use .
DESIGNATION DESCRIPTION
P or OS Parks or Open Space: All active public parks and recreation areas and major
passive open space areas are designated either "P (Park)" or "OS (Open Space)" on the
Comprehensive Plan maps. The primary zone is "PS (Parks & Schools)"
S Schooh All public schools are designated "S' on the Comprehensive Plan and are
zoned "PS (Parks & Schools)". Private schools are not so designated but are included
-, within their host zone.
H ltospital: Harrison Hospital and the Naval Hospital in Jackson Park are designated
"Fi" on the Plan maps. This designation is intended to show the locations oflhese
facilities and not to determine their physical size. Hospitals are allowed in the "HC
(Health Care)", "GB (General Business)" and "BC (Business Core)" zones.
PW Public WoFks: This designation is intended to show the location ofthe City's
major public works facility on Oyster Bay Avenue. It does not determine the physical
size of that facility. Public Works facilities are allowed in the "IG (Industrial General)"
and "IP (Industrial Park)" zones.
U & UL Utilities & Utility Lands: The "U (Utilities)" designation shows the location of
the City's main UtilitiEs and Engineering offices on Olympus Drive in East Bremerton.
Most utilities and their offices are permitted in other zones and don't require designation
on the Plan maps. The designation "UL (Utility Lands)" is applied to major areas that
are owned and operated by the City's Utility, primarily in areas west of Gorst.
WS Watershed: This designation is applied only to tile City's Union'River Watershed
that surrounds and protects the reservoir behind Casad Dam. 'Fhe related zone is "WS
(Water Supply)" which is a very restrictive zone intended to protect tile water resource.
Military This is a Iocationai designation intended only to identify major military facilities such as
Puget Sound Naval Shipyard, Jackson Park and the Naval ltospital at Jackson Park.
These facilities are also designated according to their primary uses. Only PSNS has a
Plan designation but remains unzoned.
1997 Plan Amend. Ord. -- Page 13
ORDINANCE NO. 7
AN ORDINANCE revising the Official Zoning Map
of the City of Bremerton, Washington to Maintain Consistency
with 1997 Comprehensive Plan Amendments.
WHEREAS, the City of Bremerton may amend its Comprehensive Plan once each year
and the City Council has completed action on the 1997 docket of Amendments; and
WHEREAS, the City of Brcmerton maintains development codes that are consistent
with its Comprehensive Plan and with the requirements of the Growth Management Act, and
which include the Zoning Code and Official Zoning Map, which were both re-adopted on April
9, 1997 following major text revisions; and
WHEREAS, some of the 1997 Comprehensive Plan Amendments were site specific and
require related zoning adjustments to maintain Plan/Zoning consistency; and
WHEREAS, public hearings were conducted by the Bremerton Planning Commission
on July 15 and August 19, 1997 to consider Plan-related zoning adjustments prior to making
formal recommendations to the City Council; and
VOtEREAS, the Bremerton City Council conducted public hearings on August 20 and
August 27, 1997 fo accept public comments pertaining to the proposed zoning adjustments and to
consider the Planning Commission's recommendation; now, therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to
change the zoning of specific portions of the proposed Harbor Heights Apartments development
site from the present designations of"FM (Forest Management)" and "SF-3 (Residential, Low-
density)" to "MF (Residential, Medium-density)", as described in attached Exhibit "A".
Section 2. The Official Zoning Map is hereby amended to change the designations of
two lots, located on the east side of Wheaton Way, north of Dibb Street, from "PS (Parks &
Schools)" to "GB (General Business)", as described in attached Exhibit "B".
Section 3. The Official Zoning Map is hereby amended to change the designation of
four lots, consisting of approximately 22 acres, in the Auto Center area from "PO (Professional
Office)" to "IP (Industrial Park)", with conditions, as described in attached Exhibit "C".
1997 Zoning Map Amendment Ord. -- Page 1
Section 4. The Official Zoning Map is hereby amended to change the designation of
two lots on the south side of Broad Street, west of Wheaton Way, from "GB (General Business)"
to "MF (Residential, Medium-density)", and approving a Special Zoning Ordinance Exception
for the abutting commercial lot, as described in Exhibit "D".
Section 5. The Official Zoning Map is hereby amended southeast of Smith Cove by
expanding the "MR (Residential, High-density)" zone northward to include two additional lots
on the east side of Highland Avenue, as described in Exhibit "E".
APPROVED by the City Council on the first reading this
27th
day of August ,1997.
PASSED by the Bremerton City Council this
,1997.
day of
DAVID FARR, President
Bremerton City Council
APPROVED this
day of ,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Published:
Effective:
CPA-97:zma-97.ord
1997 Zoning Map Amendment Ord. -- Page 2
Exhibit "A"
REZONE: Harbor Heights Apartments'
The area described and shown on the map below are hereby changed from "FM (Forest
Management)" and "SF-3 (Residential, Low-density)" to "MF (Residential, Medium-density)".
REZONE:
Change from "FM (Forest Man;
to "MF (Residential, Medium-density)".
FM
IG
Change from "SF-3 (Residential,
Low-density)"
to "MF (Residential, Medium-density)".
MF
IG
LEGAL DESCRIPTION:
That portion of the Northeast quarter of the Northeast quarter of Section 28, Township 24 North,
Range I East, W.M., in Kitsap County, Washington AND that portion of block 1 I, Ole Hanson's Navy
Yard Addition, as per Plat recorded in Volume 4 of Plats, page 56, records of Kitsap County, Washington,
described as follows:
Commencing at the Northeast comer of said Section 28; thence North 88032'06'' West along the
North line of said Section 28 a distance of 539.97 feet to the Point of Beginning; thence North 7008'25''
east 93.99 feet to the beginning ora 50 foot radius curve; thence along said curve to the left through a
central angle of 50010'30" for an arc distance of 43.79 feet; thence North 43002'05'' West 44.52 feet to the
center line of Jones Street being a point on a curve whose radius point bears North 43 °02'05" West 475.00
feet; thence southwesterly along said center line being a curve to the right through a central angle of
16036'53'' for an arc distance of 137.74 feet; thence South 26°25'12'' East 38.08 feet to the beginning ora
50 foot radius curve; thence along said curve to the right through a central angle of 33 °33'37" for an arc
distance of 29.29 feet; thence South 7008'25'' West 37.41 feet; thence South 88032'06'' East 125.62 feet;
thence North 7008' 25" East 15.07 feet to the Point of Beginning.
1997 Zoning Map Amendment Ord. --- Page 3
Exhibit
REZONE: Bremerton School District --- Wheaton Way
The two lots described below are hereby changed from "PS (Parks & Schools)" to
(General Business)".
"GB
GB.
GB
PO
[33R0Sq'.
PS
Legal Description:
Parcel "A":
The West 225.00 feet of Lot 3, Plat of Sylvan Park
according to the plat recorded in Volume 6 of Plats
page 45 and located in a portion of the SW quarter
of the SW quarter of Section 1, Township 24 N,
Range 1 E, W.M., EXCEPT the West 6.00 feet
thereof deeded to City of Bremerton under
Auditor's File Number 8611260137 records
of Kitsap County, Washington.
Parcel "C":
The West 225.00 feet of Lot 2, Plat of Sylvan Park
according to the plat recorded in Volume 6 of Plats,
page 45 and located in a portion of the SW quarter
of the SW quarter of Section l, Township 24 N,
Range I E, W.M., EXCEPT the West 6.00 feet
thereof deeded to City of Bremerton under
Auditor's File Number 8611260137 records
of Kitsap County, Washington.
PS
E. 30III
F-3
1997 Zoning Map Amendmeht Ord. -- Page 4
Exhibit
REZONE: Auto Center Area Industrial
The four lots shown on the map below are hereby changed from "PO (Professional Office)"
"IP (Industrial Park)", with the following conditions to be applied to Lots A, B; and C only:
Co
Do
to
New Development shall be designed to encourage a campus-like arrangement of buildings,
parking, pedestrian walkways and open space.
All areas not paved or built upon shall be landscaped or left in natural vegetation to minimize
dust, mud and erosion.
Development projects shall be designed to include a minimum of 15 percent open space, exclusive
of required setbacks. When such open space is used primarily for hillside stabilization, visual
enhancement, or sensitive area protection, the City shall consider waiving or reducing the
requirement that 60 percent or more of the open space be used for active recreation.
Outdoor storage of equipment, materials, products, etc., shall be placed toward the uphill side of
buildings (not the view side) whenever feasible and/or effectively screened from view with
landscaping or a combination of fences and landscaping.
Assessor's I.D:
Lot "A": 212401-2-145
Lot "B": 212401-2-146
Lot "C": 212401-1-082
Lot "D": 212401-1-074
PS
Pendergast
)otis Complex
IP
1997 Zoning Map Amendment Ord. -- Page 5
Exhibit "D"
REZONE: Broad Street Residential (2 lots)
The area described and shown on the map below is hereby changed from "GB (General
Business)" to "MF (Residential, Medium-density)" for the following two lots:
Assessor's Account No:
(~) 4574-000-010-0204
(~) 4574-000-011-0104
A Zoning Ordinance Special Exception is hereby granted for the adjacent
commercially-zoned lot (Assessor's Acct. No. 4574-000-012-00) to relieve future
development on that lot from the required setback from the abutting residential zone that
would have otherwise resulted from this Rezone.
Two lots Rezoned from "GB" to "MF".
MF
GB
Broad Street
GB
SF-3
The Special Exception allows development
to occur on this lot with no required setback
from its west property line.
1997 Zoning Map Amendment .Ord. M Page 6
Exhibit "E"
REZONE: South Smith Cove Zoning Adjustments
As shown on the map below, the zoning of two lots on the east side of Highland Avenue
is changed from "BP (Business Park)" to "MR (Residential, High-density)".
Current Zoning:
14 sq'.
'BP
MR
I DI ST. Pt
Amended Zoning Map:
Assessor's hlentification;
(~) 3709-001-002-0103:0.27 ac.
(~) 3709-001-003-0102: 1.40 ac.
PS
1997 Zoning Map Amendment Ord. -- Page 7
1. SUBJECT' - -,
O rd~nance/4amen~r~g~tter regulations
to establish a separate infraction for
throwing cigarettes or other burning refuse
AGENDA BILL
BREMERTON CITY COUNCIl.
7-
FOR AGENDA OF: SepwT'1997
ORIGINATING DEPT: Legal
ORIGINATOR: I. Sievers, City Attorn
DATE SUBMITTED: Sept 10, 1997
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
- Proposed Ordinancc
Police Chief
~dO(JNC IL COMMITTEES
EN DTRSEMEN~/~INFOR~ATION [ l
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT ~~
4. SUMblARY STATEMENT AND REQUIREMENT FOR COIINCIL ACTION:
The 1997 legislature created an infraction for littering by discarding burning cigarettes, This infraction carryics a penalty which is
inconsistent with the municipal code. The proposed ordinance adopts this infraction with state penalties and expands the offense to include
littering with any burning refuse.
8. RECOMMENDATION:
~d oroinance on first re~i~,g 2nd p~ss _.~-. second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED Il DATE:
COUN(:IL DIRECTIVE:
11. AGENDA BILL NO.:
q7- l I
2. CLEARANCE COMMENTS: - -
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7, RESEARCH SOURCES:
- ORDINANCE z//~' O ~ -
AN ORDINANCE creating a separate infraction for disposing of burning material
improperly and amending Chapter 6.28 of the Bremerton Municipal Code.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Section 6.28.050 of the Bremerton Municipal Code shall be
amended to read as follows:
6.28.050 LITTER IN GENEKAL.
(a) No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any
public place in the city or upon any private property not owned by him, or in any waters within the
jurisdiction of the City whether from a vehicle or otherwise, except:
(1) When such property is designated by the state or by any of its agencies or the city
for disposal or garbage and refuse, and such person is authorized by the proper public authority to
so use such property; or
(2) Into a litter receptacle or other container in such manner that the litter will be
prevented from being carried away or deposited by the elements upon any part of said
6-9 public place or any private property: or
(3) When such person is the owner or does have control or custody of the property,
or has prior consent of the owner or tenant, and provided said litter will not cause a public nuisance
or be in violation of any other state or local laws, rules or regulations
(b) It is a cMl infraction for a person to discard in violation of this section, a cigarette, cigar,
or other burning refuse that is 'capable of startin~ a fire. The maximum fine not includin~ statutory,
assessments, is Five Hundred Dollars ($500.00)
f_q) Penalty. Any person violating the provisions of this section is guilty of a ~ civil
infraction and in addition to or in lieu of any other penalty, such person may, in the sound discretion
of the court, be directed by the court to pick up and remove from any public place or any private
property, with permission ~)fthe owner or the person in possession ~"f the property upon which it is
established that such person has deposited liner, any and all litter deposited thereon by anyone prior
to the date of the execution of sentence.
Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and
publication.
APPROVED by the City Council of the City of Bremerton this
PASSED by the City Council of the City of Bremerton this __
day of~, 1997.
.day of , 1997.
DAVID FARR, Council President
APPROVED this __ day' of , t997
ATTEST:
LYNN HORTON, Mayor
KATHLEEN M'cCLUSKEY, City Clerk
2
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: ORDINANCE NO.
Amending legislative and administrative controls
on the budget.
FOR AGENDA OF: Sept. 17, 1997
ORIGINATING DEPT: Treas_ur_er__ ,...~
ORIGINATOR: R. H~nna
DATE SUBMI'I-I'ED: Sept. 4, 1997
2. CLEARANCES: Comment of back if necessary)
Dir. Admin. Ser. ~
City Attorne ~y._.~~Sc.-----~
.~- ~.~ /
Council Fiscal & Budget~ ~J,~"~//,-c'~z-~
ENDORSEMENTS
MAYOR ~
3. EXHIBITS:
Proposed Ordinance
Text of Current BMC 3.02.030
~-'/~"~O RMATI ON COUNCIL PRESIDENTAPPROVED BY COUNCILQ.~~ ~PRESIDENT FOR SUBMITTA
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Due to an editing error, the portion of Ordinance No. 4601 which changed BMC 3.02.030 did not properly reflect the
language prior to the proposed changes. This correcting ordinance will eliminate that error and properly state BMC
3.02.030.
8. RECOMMENDATION:
Motion to approve the proposed ordinance on first reading.
Motion to pass Ordinance No. ~ on second reading.
9. RESPONSIBLE OFFICIAL: Treasurer
ENFORCEMENT OFFICIAL: Mayor
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED
COUNCIL DIRECTIVE:
TABLED
10. NOTICE OF ACTION
APPROVED
DISAPPROVED
11. AGENDA BILL NO:
AMENDED
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The current ordinance will remain in effect with inconsistent terms.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES:
None
7. RESEARCH SOURCES:
Ordinance No. 4601
BMC 3.02
AN ORDINANCE repealing portions of Ordinance 4601 and BMC
3.02 and setting forth legislative and administrative controls on the
budget of the City of Bremerton.
The City of Bremerton does ordain:
Section 1. Repeal, New Section. Ordinance No. 4601, Section 3 and BMC 3.02.030 are
hereby repealed and a new section 3.02.030 adopted to read as ~'ollows:
3.02.030 ADMINISTRATIVE BUDGET ADJUSTMENTS - The Mayor may authorize
the transfer of appropriations between Category Groups within Departments. Each authorization
is limited to $10,000 except authorizations made to correct technical errors in classification of
projects or tasks to a Category Group which can be in any amount. Only one such adjustment
may be applied to any Category Group within a department in a fiscal year. These authorizations
may not result in the addition or deletion of capital projects or items and shall be accomplished in
a manner which provides for audit review. Further, the Mayor is empowered to authorize
recruitment for and filling of a permanent position at a level lower than that approved in the
adopted budget.
Section 2. Effective I)ate. This ordinance shall become effective ten (10) days at~er
passage and publication.
Approved by the City Council of the City o£Bremerton this day of
,. 1997.
Passed by the City Council of the City of Bremerton this
· 1997.
day of
Approved this day of
DAVID FARR, Council Presidem
, 1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN L. McCLUSKEY, City Clerk
Chapter 3.02
BUDGET STRUCTURE AND POLICY
Sections:
3.02.010
3.02.020
3.02.030
.3.02.040
3.02.050
3.02.060
BUDGET STRUCTURE.
GENERAL BUDGET
POLICY.
EXCEPTIONS TO
GENERAL BUDGET
POLICY - MAYOR.
EXCEPTIONS TO
GENERAL BUDGET
POLICY - FISCAL AND
BUDGET COMMITTEE.
RETENTION OF
ULTIMATE BUDGET
AUTHORITY BY THE CITY
COUNCIL
ORDINANCE
INIPLEMENTATION.
3.02.010 BUDGET STRUCTURE.
The adopted annual budget of the City of
Bremerton shall consist of various Funds and
Departments within those Funds as provided in
the chart of accounts pursuant to statute. Each
Department shall contain four (4) distinct
Category. Groups, ~vhich shall be classified as
Personnel, Supplies, Services and Taxes, Debt
Service and Capital Expenditures. (Ord. 4332 § 1,
1991; Ord. 3964 ~1, 1985).
3.02.020 GENERAL BUDGET
POLICY.
Except as specifically authorized in
subsequent sections of this Ordinance, no
aciminisu'ator or legislator shall expend or
authorize expenditure of monies that would cause
or result in the overex'penditure of any budget
Category group. Further, no administrator shall
employ or authorize the employment of a person
into a permanent position not specdically
authorized in the adopted budget. (Ord. 4332 ~2,
1991; Ord. 3964 §2, 1985).
3.02.030
EXCEPTIONS TO
GENE tL4_L BUDGET
3-1
POLICY - MAYOR.
The Mayor is empowered to authorizexx
the transfer and expenditure of budgeted
appropriations between Category Groups within
Departments. Such transfer and expenditure-
authorizations shall be accomplished in a manner
which prov/des for audit review. Individual
authorizations may not exceed $5,000 or ten (lO)
percent of the Category Group from which funds
are transferred, whichever amount is less. Only
one such adjustment may be applied to any
Category Group in a fiscal yea~..)'~e Mayor my'X/
authorize reappropriation or' surplus funds
budgeted for capital ex'penditures, provided that
such authorization does not result in the depletion
of approved capital outlay projects or items. Thc
Mayor shall not authorize any transfer which
adds a capital outlay project or item to the
adopted budget unless such addition has the prior
approval of the City Council Fiscal and Budget
Committee. Further, the Mayor is empowered to
authorize recruitment for and filling of a
permanent position at a level lower than approved
in the adopted budget. (Ord. 4332 ~3, 1991; Ord.
3964 §3, 1985).
3.02.040 EXCEPTIONS TO
GENERAL BUDGET
POLICY - FISCAL AND
BUDGET COMMITTEE.
The Civ,.' Council Fiscal and Budget
Committee is empowered to authorize the
addition or deletion of capital outlay projects and
items, provided that individual deletions or
additions do not exceed a cost of $5,000. Further,
the Committee is empowered to authorize the
transfer and expenditure of appropriations
between Category Groups to accomplish capital
outlay additions and/or to reappropriate surplus
funds generated by capital outlay deletions. Such
transfer and expenditure authorizations shall be
accomplished in a manner which provides for
audit review. In exercising this exception
authoriD', the Committee shall not deviate from
the policy, outlined in the adopted budget, nor
shall it authorize any budget adjustment that
exceeds the total Department appropriation.
Denials of requests for authorizations allowed in
this section may be appealed to the City Council.
All adjustments related to capital expenditures
AGENDA BILL
BREMERTON CITY COUNCIL
~ ORDINANCE NO.
Setting policy for the disposal of personal property
of the City.
FOR AGENDA OF: Sept. 17, 1997
ORIGINATING DEPT: Treasurer . .
ORIGINATOR: R. Hanna
DATE SUBMI3-1'ED: Sept. 4, 1997
2. CLEARANCES: Comment of back if necessa~)
Dir. Admin. Ser.~~.----'~
City Attorn~
Council Fisc.ai & B ~
ENDORSEMENTS X' INFORMATION
3. EXHIBITS:
Proposed Ordinance
Fixed Asset Policy
APPROVED BY C NCIL SIDE~b[.T FOR SUBMITTA
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City does not presently have a policy governing the disposal of ils personal property. The proposed policy would
delegate portions of the Council's authority in this area to the administration and to the Fiscal and Budget Committee.
Authority to surplus items with value greater than $10,000 is reserved to the Council.
8. RECOMMENDATION:
Motion to approve the proposed ordinance on first reading.
Motion to pass Ordinance No. ~ on second reading.
9. RESPONSIBLE OFFICIAL: Dir. Admin. Serv.
ENFORCEMENT OFFICIAL: Mayor
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED
COUNCIL DIRECTIVE:
TABLED
10. NOTICE OF ACTION
APPROVED
DISAPPROVED
AMENDED
11. AGENDA BILL NO: C['7_.~_1 5
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City will continue to lack a formal written policy in this area.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES:
None
7. RESEARCH SOURCES:
RCW 3-~les 35, 39, 42, 46 and 63.
Ordinances and or policies from the cities of SeaTac, Mill Creek, Tumwater and Bellingham.
Setting policy and prescribing procedures for disposition of personal
property which is surplus to the needs of the City and adding Chapter 2.79
to the Bremerton Municipal Code.
CITY OF BREMERTON DOES FI~REBY ORDAIN:
Section 1. New Chapter. A new chapter, 2.79 PERSONAL PROPERTY DISPOSAL, is
hereby added to the Bremerton Municipal Code to read as follows:
2.79.010 POLICY. The City of Bremerton shall utilize to the maximum extent practical
all personal property before declaring it to be surplus. Once declared surplus, the property will be
disposed of in the manner most advantageous to the citizens of the City.
2.79.020 DEFINITION. For the purposes of this Ordinance surplus personal property is
anything that is subject to ownership by the City, is tangible and is moveable (not permanently
affixed) and for which the City has no foreseeable use or need to continue ownership.
2.79.030 ADMINISTRATION. Under the direction of the Mayor, the Purchasing
Supervisor, or such other officer as may from time to time be appointed, is responsible for the
administration of this policy.
2.79.040 INITIAL PROCEDURE. A City department responsible for property which it
wishes to declare surplus shall provide the Purchasing Supervisor with a detailed description of
the property, its location and condition, and its estimated value in "as is, where is" condition. If
the department is unable to make the estimate, the Purchasing Supervisor shall determine the
reasonable market value. The Purchasing Supervisor shall then:
a. Determine if any other department of the City has use for the property. If
such a use is found, the Purchasing Supervisor shall carry out the transfer of ownership and shall
ensure that, if necessary, the fund disposing of the property is reimbursed for its reasonable
market value.
b. If the property is not needed by the City, the Purchasing Supervisor may
dispose &the property by one of the approved methods listed herein.
2.79.050 SURPLUS PROPERTY OF FIVE THOUSAND DOLLARS OR LESS IN
VALUE. Approval of the City Council is not required for the sale or disposition of any City-
owned surplus property with an estimated value of five thousand dollars or less. When such
property has been certified for disposition by a department director, sale or disposition shall be
made by the Purchasing Supervisor in accordance with methods described in section 2.79.080.
1
Items having a nominal value may be disposed of in any reasonable and prudent manner or
the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt
pursuant to Internal Revenue Code Sec. 501(c)(3).
2.79.060 SURPLUS PROPERTY BETWEEN FIVE THOUSAND DOLLARS AND
TEN THOUSAND DOLLARS IN VALUE. The Council Fiscal and Budget Committee has
authority to direct disposition of surplus property with an estimated value between $5,000 and
$10,000. The procedure is as follows:
a. Fiscal and Budget Committee shall examine a report of the Purchasing
Supervisor at a public meeting, and shall direct the Purchasing Supervisor to dispose of the
property in one or more specified ways. The Fiscal and Budget Committee may also impose such
reasonable conditions of disposition as shall be in the best interests of the City.
b. The Purchasing Supervisor shall then dispose of the property in the manner
specified, and shall ensure that the proper fund is credited with any resulting proceeds. Any cost
incurred in the sale shall then be paid fi.om the receiving fund. (i.e. auctioneer commission,
advertising etc.)
c. If the Purchasing Supervisor cannot dispose of the property in the manner
specified, he shall report to the Fiscal and Budget Committee and make recommendations for
further action.
2.79.070 SURPLUS PROPERTY WITH AN ESTIMATED VALUE OVER TEN
THOUSAND DOLLARS. Disposition of surplus property with an estimated value over ten
thousand dollars must be approved by a majority of the City Council. The procedure is as
follows:
a. The Fiscal and Budget Committee shall consider the report of the
Purchasing Supervisor and shall then either make its recommendations to the full Council, or give
further directions to the Purchasing Supervisor.
b. The full Council shall consider the recommendations of its Fiscal and
Budget Committee, and may then:
1. Approve the disposition;
2. Approve the disposition with additional special conditions; or
3. Disapprove the proposed disposition, whereupon it shall give the
Purchasing Supervisor directions for further action.
2.79.080 METHODS OF DISPOSITION. Permissible methods of disposition of surplus
property include, but are not limited to:
2
Public auction;
Solicitation of written bids;
Negotiated sale for approximate fair market value; or
Transfer to another agency of government at or below reasonable market
value in accordance with RCW 39.33.
2.79.090 UNCLAIMED PROPERTY. In addition to the provisions of RCW 63.32,
unclaimed property in the possession of the police department will be itemized and declared
surplus through the City Council each calendar year.
Unclaimed bicycles and toys will be donated to non-profit charitable organizations for use
by needy persons. The Purchasing Supervisor shall notify local non-profit charitable
organizations that they may petition the City for bicycles and toys for distribution to the needy.
Such notification shall include a statement that the property may not be resold. The Purchasing
Supervisor shall determine the distribution of the property between all eligible organizations on an
equitable basis and notify the Mayor of the determination. Upon final approval by the Mayor, a
letter advising each affected organization of the determination will be sent with a copy to the City
Police Chief. In the event that no non-profit charitable organization requests the property, it will
be disposed of as provided elsewhere herein.
2.79.100 CITY EMPLOYEES. City employees shall not directly or indirectly take or
dispose of city property other than in their official duties. This includes but is not limited to
articles of clothing, supplies, tools and vehicles. Items owned by the City found to be unfit for
further service on the job shall be turned in to a designated point within the department. As the
number of items turned in justify, they will be declared surplus and sold as directed by the
Purchasing Supervisor. No City owned item shall be turned over to an individual (employee or
other person) for their personal use other than items purchased by employee clothing allotments.
Items found by City employees in the course of their duties and not falling into one of the
following areas shall be turned in to the department head as a "lost and found" item:
a. Those that are perishable;
b. Those that would create a health or safety problem if stored; or
c. Those items that would reasonably be considered garbage.
Items found and fitting into one of the above categories may be disposed of as seems
reasonable. Other Rems will be turned in as "lost and found" items and disposed of as provided
elsewhere herein. RCW 63.21.070 specifically disallows employees fi-om personally keeping any
property found in the course of employment.
3
Employees shall not request and will not receive any preferential treatment in the disposal
or sale of City surplus material. Likewise employee and retired employee orgapiT~tions shall
receive no special prices on the sale of surplus.
Exception: The City has a significant investment in computers being used for ongoing and
daily business operations. It is the policy of the City to promote and foster a growing knowledge
and skill level in the understanding and operation of computers among employees. To this end, it
is in the City's best interest to permit City employees to purchase surplus computer equipment for
their personal use. Therefore, surplus computer equipment may fi-om time to time be declared
surplus and offered for sale to City employees prior to being sold by other means. The price
charged the employees for the items must meet or exceed the estimated net income fi-om an
auction sale.
Certain City employees are excluded fi-om purchasing items fi'om the City by Washington
State law. These include those directly involved in declaring items surplus, elected officials, and
those administering the sale. RCW 42.23.030(6).
2.79.110 STATUTORY EXCEPTIONS. Certain provisions of the Revised Code of
Washington impose special conditions for the disposition of municipal property. Where
necessary, City officials shall comply with those laws, treating them as limited exceptions to this
policy. Exceptions include, but are not limited to, the following as they may from time to time be
amended:
a. RCW 35.21.088 - equipment rental;
b. RCW 35.21.660 through .690, .725 through .755 - transfers to municipally
chartered corporations;
c. RCW 35.94 - surplus utility property;
d. RCW 39.33 and .34 - intergovernmental agreements; alternate method for
intergovernmental disposition of property;
e. RCW 46.52 - disposition of abandoned junk motor vehicles; and
f. RCW 63.21 and 63.32 - unclaimed property.
APPROVED by the City Council of the City of Bremerton this
,19
day of
4
PASSED by the City Council of the City of Bremerton this · 19
day of
APPROVED this
day of
DAVID FARR, Council President
,19__
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
5
INDEX EFFECTIVE DATE: 11/15/88 ]
Real Prop~'ty/Assets I APPROVED
1-20-01 REVISED DATE: 9/9/97 ~
POLICY
The City of Bremerton will maimain accountability for all real and personal property
acquir~ and disposed of by the City. Accouming and inventory of fixed assets will
be coordinated by Administrative Services. Each respective Director will be
responsible for the physical control of departmemal fixed assets.
DEFINITION
For purposes of this policy, an asset is defined as any real or personal property
acquired by the City having an extended life, is not consumed by use and, either, has
an initial cost of $2,500 or more, or is a computer hardware system. A computer
hardware system is defined as 1) a personal computer including processor, keyboard
and monitor and any nominal peripheral component; 2) printers; 3) scanners; 4)
computer peripherals that are not nominal in value.
Fixed Assets do not include 1) depletable resources such as minerals and timber; 2)
public domain infi'astructure (e.g. roads, bridges, sidewalks and other assets that are
immovable and of value only to the City); 3) the cost of normal maintenance and
repairs that do not add to the value of the asset or materially extend the asset's life.
PURPOSE
The purpose of the asset inventory system is to 1) maintain continuing accountability;
2) fix stewardship responsibility; 3) provide a basis for repair and maintenance
programs; 4) provide a basis for capital improvement and capital budgeting activities;
5) prepare financial reports and insurance information.
PROCEDURE
A. Acquisition
All acquired fixed assets will be authorized in the current budget.
Administrative Services will be responsible for processing and maintaining all
accouming and inventory records including the following steps:
Verifying Purchase Orders for correct bars codes, project numbers
and proper departmental and budgetary authorization for fixed assets.
1
Do
Upon Claim Payment, prepati~ asse~ sheets for data. entry and issuing
inventory ta~s for distribution as follows:
eo
Transfer
All Computer Equipment - Information Services Manager
Vehicles - Fleet via Treasurer
Land, Buildings, Improvements - Deputy City Clerk
All other fixed assets will be tagged by desilpmted personnel
to verify receipt and identifying information in conjunction
with the receiving department.
Assets tied to projects will be accumulated until project is
complete, then tagged - Treasurer
Ail departments that are party to a fixed asset transfer will advise
Administrative Services expeditiously.
Disposal
Real and Personal Property will be disposed of pursuant to BMC 2.78 and
2.79 and related Policy and Procedures.
Inventory
Administrative Services will coordinate periodic verification of fixed assets
through a staggered departmental inventory confirmation. The City Auditor
will complete at least one departmental inventory audit per year.
E. Loss of Assets
In the event an asset is stolen, vandalized, destroyed or lost, the affected department
must report the loss to Administrative Services expeditiously.
2