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HomeMy WebLinkAbout08/06/97 TAPE #1482 CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 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, August 6, 1997, at 5:30 P.M., with Council Vice President Richard Neville presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff- Menees, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Council President David Farr 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 Vice President Neville and Invocation given by Councilman Al Colvin. Vice President Neville made the following announcement: (1) The City Council held an Executive Session from 5:05 - 5:27 P.M., in the Council Conference room. Topics of discussion were "Litigation and Potential Litigation." CONSENT AGENDA A. Minutes of Meeting -- July 23, 1997 #AB97-179 B. Change Order #1 -- 1997 Reservoir Rehabilitation #AB97-180 #0027 M/S/C/U(Overson/Law) To approve the Consent Agenda as presented. 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. #0049 M/S/C/U(Colvin/Montgomery) On August 6, 1997, the Council does approve for payment those vouchers included and further described as follows: 211400, 211401, and 211423 through 211590 in the amount of $417,657.12; and Regular Payroll for the period ending July 31, 1997, in the amount of $924,510.07. COUNCIL MEMBER REPORTS Mr. Winters thanked his father and mother for their loving support, and extended his mother a "get well" wish. He also thanked those who contacted him over the last couple of days for their support. Mr. Montgomery welcomed his daughter and grandson, who are visiting from Montana. He announced MOM Committee (Missouri on The Mainland) is sponsoring a Rally on the boardwalk on September 6, 1997, starting at 10:00 A.M.. The public is encouraged to attend TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 2 of 17 this event and to bring a sign displaying their message in their own words. On August 21, 1997, 7:00 - 9:00 P.M., the Veteran Coalition of Kitsap county is sponsoring a Candidates' Night at the West Side Improvement Club, located on National Avenue. Mrs. Huff-Menees thanked all who attended the joint Neighborhood Meeting for Council Districts #6, #7 and #8, on July 31. This meeting was well attended with lively discussion on a variety of issues. She encouraged those who raised issues and wished a response from City staff to contact the City Council Office since some of those issues have been addressed. Mr. Colvin invited all candidates for elected City Council positions to attend City Council Study Sessions, which are open to the public. He is not running for his Council position; however, he has enjoyed his tenure on the Council. He commended Councilman Montgomery for his effort to retain the USS Missouri. In that same endeavor Mr. Colvin contacted friends across the country and asked them to support the effort as well. He was disappointed that people in other parts of the United States or even Seattle were not getting behind the proposal to keep the Missouri on the mainland. Mr. Montgomery noted a great deal of effort has been put forth to contact people across the U.S., but they have not received any publicity on that effort. Mr. McConnell concurred with Councilman Colvin on encouraging prospective City Council members to attend Council Study Sessions in order for them to be well informed on important issues if they are elected to a Council position. Mr. Law reminded everyone that District #3 will not hold a Neighborhood Meeting in August and the next scheduled meeting will be held on September 16. On a more somber note, on Friday he attended a Memorial Service for Michael Schroeder, which was held aboard the Turner Joy. Mike worked very hard on civic projects, especially the Turner Joy, and he will be greatly missed. Mr. Law extended condolences to Mike's family. Lastly, he welcomed the new Commanding Officer of the Fleet Industrial Supply Center Captain Carl Bright. Mr. Overson reported he enjoyed "National Night Out" in the Highland District and thanked Ed Rollman, Highland Avenue Neighborhood Watch leader, for putting that event together for the residents. Mr. Neville announced the City-sponsored KIDS DAY ON THE BOARDWALK will be held August 15, 1997, 11:00 A.M. - 3:00 P.M. This year there will be free bus rides for kids to attend this event and bus passes are available through various agencies and businesses, such TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 3 of 17 as Bremerton School District, Brem-Air Disposal, NCOA Services, K- PREP, Kitsap Fire District #15, Harrison Hospital, Sinclair Landing Association, Poggie Club, etc. MAYOR'S REPORT Mayor Lynn Horton announced Gold Mountain Olympic Golf Course is hosting the Washington State Amateur Golf Tournament this week and today they experienced a "lightening" delay. One of the tournament participants is Bremerton Fire Fighter Pat McGanney. On August 5, Mayor Horton participated in the Alzheimer's Walk that was dedicated to Cal Christiansen. That event started at Evergreen Park, then over the Manette Bridge and down Wheaton Way, across the Warren Avenue Bridge and back to Evergreen Park. The evening concluded with the last Concert in the Park, which was well attended. Prior to the Alzheimer's Walk, she attended the "National Night Out" celebration at Jackson Park. She congratulated Puget Sound Naval Shipyard for their leadership role and sponsorship of that event. Mayor Horton read the following Proclamation: (1) AUGUST 5, 1997 as NATIONAL NIGHT OUT IN BREMERTON, KITSAP COUNTY. The response from the public over the traffic light revisions on Pacific Avenue and Park Avenue at 4th and 5th Street has been overwhelmingly favorable. Mayor Horton encouraged the public to register their opinion (pro or con) about the revisions before the City makes a final decision on the disposition of those lights. POLICE CHIEF PAUL DU FRESNE stated he felt it was important to provide information to the City Council and members of the public on crime statistics and Police Department manning in response to comments made by a City resident at the August 30, 1997, City Council meeting. He provided a view graph showing the organization of the Police Department and emphasized the Special Operations Group (SOG) had not been disbanded. SOG is made up of one Sergeant and six Detectives, which also contains the City's Westnet Detective. The only change that happened, more than two years ago, was that one member of SOG was reassigned to School Resources duties in the Community Resource Division. At the end of 1996, the members of SOG reviewed their work and looked at the gang activity that had been in place in 1996, and what they felt could happen in 1997. In addition, members of the unit had attended seminars with other gang units throughout the region and saw a trend that led them to do different kinds of work in 1997. It was apparent, in the City as well as other communities, that overt gang activity was not the general practice TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 4 of 17 and they had become more subdued in their behavior, but more active in drug transactions and criminal behavior. Gangs were not "flying colors," marking their territory or having the kind of overt gang activity throughout the area that was evident even three years ago. With that in mind, SOG organized their activities to put a great focus on drug trafficking. As a City, SOG has also been asked to focus on prostitution suppression and neighborhood enforcement teams in partnerships with the Building Department and Fire Department to help clean up blighted neighborhoods because of crime problems. Since January 1, 1997 to August 1, 1997, SOG brought about 121 arrests, which were mostly felonies; made 57 narcotics buys; seized more than $23,000 worth of narcotics off the streets; involved in 221 cases and investigations since January 1, 1997, including such violations as Fixed Controlled Substance Act violations, prostitution, assault, intimidating witnesses, fraud and graffiti, threats, thefts, liquor violations, run aways, etc. This unit is also called upon at times to assist Westnet with raids as well as assisting the FBI and NIS in some criminal investigations of bank robberies. Chief Du Fresne presented a view graph showing Crime Rates Per Thousand over the past seven years (1990-1996), in response to the comment made as to the validity of crime rate figures. The graph showed a steady decline and a dramatic decline in 1994, and then some increases in particular kinds of crimes. The following categories of crimes are crimes that all cities in the nation are required to report to the Federal and State government to develop the Index of Crime for Cities, which is based on population and the number of crimes per thousand population: murder, rape, robbery, aggravated assault, larceny, motor vehicle theft. It was suggested that there was more crime in Bremerton than what was being reported and he wanted the public to know even though specific categories of crimes are reported, not all crimes happening in Bremerton are reported, i.e., traffic offenses or minor offenses. He explained "robbery" can be confused with a breaking and entering with a theft, which is covered under burglary. Robbery is a crime involving violence or the threat of violence to take property from a person. Aggravated assault is a serious assault that result in injury or permanent injury to an individual. He emphasized Bremerton statistics have shown that most burglaries (more than 57%) occur in places with unlocked doors and windows. Larceny, the unlawful taking of someone else's property, is the biggest crime problem in Bremerton. There has been an increase in larceny crimes during the past year. Motor vehicle thefts in the State of Washington are thefts where someone signs an affidavit that their vehicle was stolen. Sometimes there will be cases where children take a vehicle without permission and go on a "joy rides," which is not considered a motor vehicle theft. Unless a vehicle is signed in as stolen, the city is not allowed to count it as a motor TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 5 of 17 vehicle theft. Chief Du Fresne displayed a chart showing the number of calls for service from 1991 through 1996, which reflected a steady number of calls running greater than 50,000 calls per year. He anticipates 1997 will show a similar number of calls or slightly higher. Lastly, he provided a list of 18 cities that are comparable to Bremerton as to population and demographics and are used in labor negotiations and many other comparisons. Out of the 18 cities, Bremerton is listed as No. 11 as it relates to uniform crime rate per thousand population. Mr. McConnell asked which chart reflected the drug related crimes? chief Du Fresne stated drug crimes are not part of the Crime Index; however, during the first seven months of 1997, the City was involved in 121 arrests and approximately 70% of those were drug related. However, that does not account for all drug arrests because the Patrol Officers make arrests at the scenes of incidents, traffic stops, etc. Mr. Colvin questioned how the statistics for 1997 compared with 1996? Chief Du Fresne displayed the chart showing the number of crimes that occurred from 1995-1996, showing there was an increase in most of the categories. PUBLIC RECOGNITION Bob Sauter, President Kitsap County Veterans Coalition, asked Council to approve a supplemental budget to the Parks Department to purchase a second flag pole to be placed at Bataan Park to fly the Philippine National Colors flag to honor the 78,000, who lost their lives in the "Bataan death march.' Also, he feels that veterans should be an exception to the City's BMC, and be permitted to vend and sell on City property. Del Knauss, Resident, expressed his concerns over the apparent direction the Commission on Council Salary seemed to be heading. He encouraged other citizens to attend the Commission's meetings. He also requested a member of Council ask a State Senator to contact the Attorney General's Office for a legal opinion on the power of a commission implementing an ordinance that would not be voted on by the City Council. Jeff Flood, acknowledged Mayor Lynn Horton as this year's recipient of the Martin Luther King "Bridge Builder Award," and invited citizens to the Constitutions Day Luncheon September 7, 1997, 1:30 P.M. at the Kitsap Golf & Country Club. Tanya Vaughn, Resident, expressed her support for Councilman Bob Winters based on his being helpful to her when she needed some assistance and his being available to the public. TAPE #1482 city Council Reg. Mtg. Minutes August 6, 1997 Page 6 of 17 Garland Freymann, Resident, commended Mayor Horton for attending an event at Jackson Park. Gordy Byrd, Resident, questioned why it appears Council has already made up their minds on issues before they are heard at the meeting. Vice President Neville responded that yes, many issues are heard before hand during Study Sessions, which are always open to the public. He assured Mr. Byrd that their minds are not "made up," but they sometimes have an opinion, and then weigh both sides. Linda Kroum, YWCA A.L.I.V.E. Program Director, announced Women's Equality Day will be held August 26, 1997, 12:00 noon to 2:00 P.M., at the Olympic College Service Center, Board Room on 5th Floor. Mayor Lynn Horton will be a guest speaker, and the public is invited. Carol Atkinson, Bremerton Main Street Association, announced "Bill Brown & the Kingbees" will be the next Concert on the Boardwalk on August 8, 6:00 - 8:00 P.M. She named other future events they are working on as part of the Blackberry Festival. 7A - EASEMENT GRANT TO US WEST ON PARK LAND, #AB97-181 US West Communications has requested an easement on Park property South of Jarstad Aquatic Center at the intersection of Magnuson Way and Homer Jones Drive. They would like to replace an existing utility cabinet with a larger one that requires 10 ft. by 10 ft. easement grant from the City. US West proposes to pay $500.00 for the easement. The Parks Commission recommends granting this easement and dedicating the $500.00 for tennis court backstops. Jim Spencer, Parks & Recreation Director, stated the backstops will be installed in Bremerton Parks, including Forest Ridge, which has been approved by the Parks Commission. Public comment - none. #2072 M/S/C/U(Overson/Colvin) To approve 10 ft. by 10 ft. easement grant to US West on Park Land at the intersection of Magnuson Way and Homer Jones Drive. 8A - RESOLUTION NO. 2621, REGARDING THE DEVELOPMENT OF DOCKS AND PIERS WITHIN THE CHANNEL BETWEEN OSTRICH BAY AND OYSTER BAY, #AB97- 182 The Bremerton Shoreline Master Program (implemented through the Washington State Department of Ecology) has a serious lack of clarity and policy regarding the development of some docks and piers within the Oyster Bay Channel. In order to clarify the City Council's policy and intent toward such development, an amendment to the Bremerton Shoreline Master Program is in order. It is TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 7 of 17 believed that continued development with the current policies may irreparably damage characteristics desired to be preserved by new regulations. The resolution proposes an option to remedy this situation. All existing complete applications will be decided under the Bremerton Shoreline Master Program in effect which are submitted prior to adoption of this resolution. Mayor Lynn Horton stated this issue is before Council due to the lack of clarity under "docks" of the Shoreline Master Program. The Administration is looking for clear direction on this issue. The goal tonight is to decide whether or not there should be a moratorium, not to debate the pros and cons of docks and piers. Don Pratt, Community Development Director, advised Council and the public that even though there was discussion and a decision last year on a previous appeal, it is not binding for future appeals. The local code, which is administered by the State, and current rules are in effect and the prior decision made by the Council is not binding. Secondly, he attempted to make an interpretation, which would in an effect try to lay down the standard under which the City would or would not approve docks. That interpretation is appealable on a case-by-case basis. The State Shorelines Management Act and the Bremerton Shoreline Master Program are not a local law, but a State law that is administered by the Department of Ecology. The City writes its Master Program locally, which the State then enforces and administers. Even though the City can change it within parameters put down by the State, in order for it to become law it must be approved by the State and adopted into the Revised Code of Washington. The City is convinced that whether or not permits are approved or denied by the Director of Community Development or by the city Council, there are enough controversies and lack of clarity within the code that changes need to be made to the Bremerton Shorelines Master Plan. From a strict dollars and cents basis, the City is losing hours and money each week dealing with the individual discussions on a case-by-case basis. It appears it would be much more advantageous for the City to step back and try to match what political values and policies are today and what is happening on the channel, adopt a new code, issue and publish it and let applications come in accordingly rather than arguing on each one as they are submitted. The Department of Community Development operates on a constrained budget and currently that budget is being spent trying to work with people understanding what should and should not be done rather than making decisions based on sound TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 8 of 17 policy. Mr. Pratt believes this discussion is good for the City of Bremerton and there is an area, in City policy, that is not adequately addressed in a City neighborhood. He also believes it is an indication that there is dynamic activity in Bremerton and he is anxious to have the debate in order to find out how these issues will be dealt with. Ian Sievers, City Attorney, pointed out this meeting was not the time for the public to provide input to the Council on what the regulations should address, which will happen over the period of the moratorium. The scope of this meeting is to address whether the regulations that are currently in place are adequate and provide clear direction to land owners, if there is consistent permitting by the City and avoid undesirable consequences given the policies within the Shoreline Management Act. Wayne Palmer, Land Use Planning Consultant located in Port Orchard, stated he was representing Victor Targett, who has an application for a dock pending review and Public Hearing consideration before the City Council. He raised the following questions: (1) What is the emergency that would justify a moratorium? (2) Where is the background data indicating the nature of the problem and how the ordinance is being applied today and what the likely impacts will be if the ordinance would continue in effect and apply to permits that are either in process or likely to be in process over the next nine months? He did not agree that a moratorium was necessary based on the amount of time staff spends per day on dock issues. He has reviewed the City's code and studied the criteria followed by the preparation of an application based on that criteria, which he believes is clear. He also believes the City Council has to determine if that criterion is appropriately used in this particular instance. (Note: Public testimony can be found on TAPES #1482 and %1483) The following individuals spoke in favor of a moratorium: Gerry Parette, resident on a channel; Richard Lund, speaking on behalf of his mother, who resides at 4318 Dyes Inlet; Dawn Dressler, 1707 S. Marine Drive, Suzanne Holland, 1801 S. Marine Drive; Elizabeth Buell, High Avenue; Rick Marshall, Madrona Point; Bernard Holland 1801 S. Marine Drive; Maynard Hoffman, 1715 S. Marine Drive; Dick Wright, 26609 Ansell Road NW, Poulsbo The following comments were made in support of the moratorium: (1) Supports having an opportunity to present to a study committee some information and photographs that would address the safety issue because of the narrowness of the channel; (2) It would be extremely TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 9 of 17 dangerous to clog up the channel, particularly when boats speed through the channel in excess of 80 MPH. (3) Each year there are more applications for docks, and if they are acted upon individually in the years to come, there could be as many as 20-40- 60 undesirable consequences. (4) Docks restrict the public from walking along the beach. (5) Kayak users will be forced to go mid- channel to maneuver around docks. (6) Nine months for a moratorium is not a very long time to consider the future for the subject area. (7) If docks are allowed in the channel, its natural characteristics will be irreparably damaged. (8) The number and size of boats using this narrow waterway have increased significantly and will continue to increase as the area grows. (9) The sizes of floats anchored in the channel have grown along with the size of the boats that are tied to them; however, the channel will not get wider. (10) Previously, a document with 400 signatures of residents against docks and piers in the subject area was presented to the city, but not allowed as documentation during a Planning Hearing on a dock issue. (11) People's property rights are already restricted under the City's Zoning and Building Codes, etc. (12) According to the City's Shoreline Master Plan, shorelines are of Statewide significance, which means someone in eastern Washington has just as much to say about what goes on there as the residents of the subject area. (13) The City council is asked to protect the public's right-of-way (shoreline). (14) Mr. Reed's statement that there had not been any accidents in the channel was challenged by Mr. Hoffman, who had personally witnessed eight accidents. (15) Quote from the City's Shoreline Master Plan: "Piers and floating docks shall be prohibited where navigation can be impaired significantly at entrance to bays, channels or coves." (16) There is not another bay in the Puget Sound area that feeds Into a bay by a channel more than 1/2 mile long. (17) The City of Bremerton is the lead agency on applications for docks and the applicable State agencies defer to the City until the City requirements are met. The following individuals spoke in opposition to the moratorium: Roqer Nantz, 1440 Madrona Point Drive; Pat Buchannon, 1906 Madrona Point Drive; John Green, 1515 S. Marine Drive; Erio Sandle, 3825 Tracyton Beach Road; Jim Reed, 2000 Madrona Point Drive; Don Holtz, 1542 Madrona Point Drive; The following comments were in opposition to the moratorium: (1) If a moratorium is implemented, more notification should be given to the affected property owners whether they are for or against docks. (2) Question - has it been clearly defined how the City will make the proper decisions? (3) There are enough State and Federal agencies (Department of Fisheries, Department of Ecology, Corps of Engineers) overseeing placement of docks with the City having the least authority. (4) A moratorium puts property owners' TAPE #1482 City Council Reg. Mtg. Minutes August 6, 1997 Page 10 of 17 rights on hold. (5) There has been no demonstration of an emergency or any other situation that would demand a moratorium; (6) The issue could be study without implementing a moratorium. (7) The current Shoreline Master Plan is clear as to what is required. (8) Should not use a moratorium to strip property owners of their grandfather rights. (9) A moratorium would lay a blanket ruling over an area that is very diverse. (10) A moratorium could have an adverse effect on the value of properties along the channel. (11) If safety is the issue, center channel buoys with posted speed limit signs should be installed to slow boats coming in and out the channel, (12) Not aware of any record identifying accidents in the subject area. (13) No technical data or field studies have been identified that would require a need for a moratorium nor address where docks might be located. (14) Questioned if any Council members had personally viewed the subject area? (15) The current Shoreline Master Plan has worked since 1997 without any amendment addressing this issue, and it is easily understood. (16) No docks have been allowed according to the current rules and what has happened to say those rules do not work? (17) A letter dated August 2, 1997, contained 31 signatures from residents on the west side of the Channel in support of having their rights stay as they are currently. (18) Boating safety issues are addressed in the Washington State Boaters Guide and Kitsap County Safe Boating Manual. (19) The Madrona Point Drive area has become known as an area that is difficult to sell a house because of the difficult controversies with the City of Bremerton regarding people's property rights. (20) The Army Corps of Engineers, Department of Fisheries and all other agencies involved in the decision making have never disapproved, denied or otherwise challenged any of the docks. Is the City Council or anyone in the audience more of an expert than the State agencies just identified? Jack Lefcoski stated he was neutral on the moratorium issue; however, if Council approves a moratorium, he asked that Kitsap Lake be excluded. Paula Johnston read the following letters into the record: "Congratulations to whomever drafted Resolution 2621. It is concise, articulate and germane, and by God needed. It is indeed refreshing to find someone who can locate the site of our general concern as on the CHANNEL between Oyster and Ostrich Bays - and NOT IN OYSTER BAY itself. This little geography lesson has been a long time in coming. It is to be sincerely hoped that you members of the Council will find it reasonable that a neighborhood, or the general citizenry, can legitimately recognize and defend an area of unique environmental features and pristine aesthetic quality; to preserve that uniqueness for the enjoyment of future generations. It is similarly hoped that you will also be able to place the interests of the many over the desires of the few. You are the de TAPE #1483 City Council Reg. Mtg. Minutes August 6, 1997 Page 11 of 17 facto guardians of the public trust. May you take heart in knowing that Chapter 90.58 RCW fully supports the soul and spirit of this resolution.,, - Signed Suzanne Holland Bernard Holland, Sandra Verhelst. ' "I will echo the congratulations due to whomever drafted Resolution #2621. It is concise, articulate, germane and without a doubt - cogent. It was also a pleasant surprise to find that someone can locate the site of our general concern as being on the CHANNEL between Oyster and Ostrich Bays - and NOT IN OYSTER BAY itself. This little geography lesson should be posted down at the Department of Community Development for all to see. In most elected governing bodies, you will invariably find a wide assortment of personalities, motivations, philosophies and character. Some individuals will struggle to make themselves knowledgeable of the facts and mechanics of the issues to be brought before them; some will render hip shooters decisions; some will automatically classify everything that is New as being a sign of Progress and therefore Good; while some will sleep through most of the meetings and upon awakening cast their vote for their own personal best political advantage. It would not be surprising, if some of these characterizations were present, to some degree, in you ladies and gentlemen. I would ask each of you to be aware of these little idiosyncrasies, and make an extra effort to vote in consonance with your primary responsibility as Protectors of the Public Trust. I would further ask, in the matter presently before you, to weight for a moment the touted "rights" of property owners to do just abut anything their little hearts desire - with the somewhat constraining fact that their "rights" to total dominion over their own land are already limited by overriding considerations for the rights of neighbors and the public - and when they attempt to project those individual land owner "rights" over lands which are owned by the people of the State of Washington - those "rights" must be weighted in the balance of the wants of a few versus the aggregated right of many. Thank you for your time and attention. I hope that you will approve this Resolution"; signed by George J. Miller, P.O. Box 788, Bremerton, WA 98337; Paul D. Scheyer, G. M. Dibblee, Albert Wallach, Viola N. Wallach, Mary Gardner, Helen Miller, Shirley Gasseler, Wayne Iversen and Robert Marshall. Mr. Pratt stated in response to the questions raised about the criteria for a moratorium, he and the City Attorney believe the proposed Resolution is adequate in its findings to cite several issues that could be irreparably lost without a moratorium. He believes the testimony has created other findings and Council's discussion will disclose other findings that substantiate whichever decision they choose. Secondly, there was a question raised as to the need for the moratorium aside from the criteria, there are TAPE #1483 City Council Reg. Mtg. Minutes August 6, 1997 Page 12 of 17 multiple opportunities for docks to be created in the subject channel and that is one of the presses they had to bring to Council. He believes in today's state of affairs that numerous applications will be received without a moratorium and it is his desire to provide the Council with a tool to prepare adequate policies prior to receiving those applications. Mr. Sievers stated several speakers eluded that the proposed action was not a "good action" or not defensible . a property rights approach. Washington has a very liberal rule on vesting property rights and is established when someone turns in a completed application. One of the discussions in the case that decided that rule argued that perhaps it would encourage speculative investing in rights because it was so easy and quick to get vesting rights. However, the discussion of the court was that there are a lot of preconstruction costs that go into developing a completed application and thought it was enough of a break on people just speculating and getting permits. Certainly docks and piers are in the low end of preconstruction costs and he believed if you find current regulations are unclear or are not appropriate, then a moratorium should be instituted given the length of time it takes to change the regulations. As some have urged, Council can start the process, but by the time the 7-month process is finished virtually every lot that wanted could submit an application and Council's efforts would be futile. He believed the court, if not favoring a moratorium, but maybe in reaction to the very liberal investing rights rule, looked on it more favorable because they see them as a necessary tool for a logical approach to address anomalies or problem regulations. Mr. Montgomery stated in 1996 Council made the decision to not grant approval for a dock in the channel. Recently, he toured the subject waterways via the City's fire boat. Based on his visual observations and review of the Shoreline Management Plan, he believes there are several flaws that need to be addressed. #1614 M/S/C(Montgomery/Colvin) To adopt Resolution No. 2621, setting a moratorium on the development of docks and piers within the channel between Ostrich Bay and Oyster Bay. Mr. Law stated he concurred with Mr. Reed's earlier comments that hearings should be held to amend the regulations; however, he supported a moratorium while the amendments are being processed. Mr. McConnell stated based on the public testimony he believes a moratorium to amend the Shorelines Management Act is overdue. Mr. Winters stated he represents a number of residents in the affected area and several of them have voiced their opinions on TAPE #1483 City Council Reg. Mtg. Minutes August 6, 1997 Page 13 of 17 this issue. He felt it was important to note that the Shoreline Management Plan was designed and implemented for a specific reason and a plan that the Department of Community Development follows when processing applications. He did not support setting a moratorium when amendments to the Shoreline Master Plan could be undertaken while current requirements are in place. He also believes there must be self-imposed sense in boating skills, which has nothing to do with imposing a moratorium. Mrs. Huff-Menees thanked those who provided testimony during this hearing and the civility of their comments. This has been a pleasure in terms of a public group addressing an issue that is very important to both sides. She pointed out to Mr. Winters that public testimony at this hearing also provided him input from both sides of the issue, not just one side's point of view. The issue of property rights has been addressed during this discussion and Council's responsibility, as policy makers, is to make sure Council can fairly address property rights on all sides of an issue. At this point, she disagrees with those who say there are clear definitions under the current Shoreline management Plan and believes the large turnout of interested parties at this hearing substantiates that fact. She asked those individuals opposed to a moratorium to look at the fact everyone will benefit from having very clear, well-defined guidelines on how to address these issues. She will vote in favor of a moratorium. Mr. Colvin pointed out a moratorium is not a denial; therefore, he supports the proposal for a moratorium in order to study the issue. Vote on motion: In Favor: Montgomery, Huff-Menees, Neville, Overson, Law, McConnell, Colvin Opposed: Winters Motion carried. 9A - ORDINANCE NO. 4599 (SECOND READING) REPeaLING ORDINANCE NO. 4282 AND ELIMINATING THE ADMIRAL THEATER FUND. #AB97-174 Public comment - none. #1888 M/S/C/U(Huff-Menees/Montgomery) To pass Ordinance No. 4599, on second reading, repealing Ordinance No. 4282 which created the Admiral Theater Fund. 9B - ORDINANCE 4600 (SECOND R~DING) REPeaLING ORDINANCE NO. 4180 AND ELIMINATING THE ATHLETIC SPORTS FUND, #AB97-175 Public comment - none. #1929 M/S/C/U(Montgomery/Colvin) To pass Ordinance No. 4600, on second reading, repealing Ordinance No. 4180 which created the Athletic Sports Fund. TAPE %1483 City Council Reg. Mtg. Minutes August 6, 1997 Page 14 of 17 9C - ORDINANCE NO. 4601 (SECOND I~EADING) SETTING LEGISIATIVE AND ADMINISTRATIVE CONTROLS OF THE CITY BUDGET, #AB97-176 Paula Johnston, Deputy City Clerk, noted the amendment to notify all City Council members of actions by the Fiscal and Budget Committee approving Budget Adjustments was incorporated into the ordinance. Public comment - none. %1971 M/S/C(Colvin/Montgomery) To pass Ordinance No. 4601, on second reading as amended, amending Ordinance No. 4332, setting forth legislative and administrative controls on the budget of the City of Bremerton. Vote on motion: In Favor: Montgomery, Huff-Menees, Neville, Overson, Law, McConnell, Colvin Opposed: Winters Motion carried. 9D - ORDINANCE NO. 4602 (SECOND READING) ADOPTING A TWO-YEAR BIENNIUM BUDGET BEGINNING JANUARY 1, 1999, #AB97-177 Public comment - none. %2018 M/S/C/U(McConnell/Montgomery) To pass Ordinance No. 4602, on second reading, adopting a two-year fiscal biennium budget beginning January 1, 1999. 9E - ORDINANCE NO. 4603 (SECOND READING) /%N~WDING THE 1997 BUDGET (BUDGET ADJUST)LEITTS 97-1 THROUGH 97-24)t ~tB97-178 Public comment - none. %2058 M/S/C/U(Huff-Menees/Colvin) To pass Ordinance No. 4603, on second reading, amending Ordinance No. 4579 relating to the budget of the City of Bremerton for Fiscal Year 1997. 10A - PUBLIC HEARING ON ORDINANCE (FIRST READING) APPROVING ~ RIGHT-OF-WAY DEDICATION AT MARINE DRIVE AND DORA AVENUE; APPLICANT: LOREN & KAREN OLSEN, #AB97-183 The City Council has been requested to approve a right-of-way vacation and dedication under BMC Chapter 11.040, first making a resolution, then adopting an ordinance following a public hearing, under BMC Chapter 11.060. The vacation action would allow a uniform width 60' right-of-way along Marine Drive. The dedication action would provide for large radius vehicle turning movements at the intersection of Marine Drive and Dora Avenue, a sharp angle intersection. The City Engineer has reviewed the proposed action. The Planning Commission has recommended approval on June 3, 1997. Payment TAPE #1483 City Council Reg. Mtg. Minutes August 6, 1997 Page 15 of 17 amount to City for value of vacation, less dedication lands: $5,766.11. Vice President Neville asked the "Appearance of Fairness/Conflict of Interest" question with all City Council members being seated Matt Mathes, Department of Community Development, pointed out BMC Chapter 11.02 outlines the procedure for the vacation process. The applicant owns the parcel adjacent to the proposed dedication and the reasons for the proposed vacation are primarily due to the applicant's preferred site plan to develop 12 units and the dimensional problem created by a triangular piece of property. It was their desire to take into private domain a portion of the right-of-way that currently has a slope that is between 6-10 feet high from the site above overlooking Marine Drive. The result of both the vacation of the right-of-way and the subsequent dedication of the small portion located on the corner is a new increase to the applicant's site of approximately 4,101 sq. feet, which represents about 9.6% increase to the size of the site. There are no known utilities in the portion of the right-of-way to be vacated. The applicant's site plan, along with the request for the vacation, indicated approximately 12-units on approximately 1-acre site. The overall density projected for this project is consistent with the City's Comprehensive Plan and the development pattern for the bulk of central Bremerton. The applicant will not gain any immediate amount of ability to build an additional unit; however, density allowed by the Zoning Code is up to 18-units to the acre and it is speculative whether there would be a market to develop to that density, which is a density rarely found in Bremerton. Under that maximum density scenario, there would be two additional units allowed by the density proposal, but if the property was already developed at 12-units to the acre, it would have to be redeveloped in order to go to that extra density afforded by the extra land from the vacation. Following are two reasons for the dedication: (1) to facilitate turning movements of school buses and other large turn radius vehicles from southbound Marine Drive to Dora Avenue; (2) allow safe visibility at the corner for southbound traffic on Dora Avenue, at stop sign. Vacation of the slope portion of the public street will serve the following public purposes: (1) place erosion control and soil embankment in perpetual responsibility of private ownership; (2) allow a private property owner to better control surface and subsurface drainage and soil moisture conditions affecting sub-lateral structural support of private property development; (3) creates additional setback dimension to permit preferred residential unit and preferred site plan layout by owner, due to setback distances and lot configuration (triangle parcel) TAPE #1483 City Council Reg. Mtg. Minutes August 6, 1997 Page 16 of 17 adjacent to the vacated portion of right-of-way for Marine Drive; (4) creates a uniformly dedicated standard right-of-way width (60' side) along Marine Drive, for purposes of maintenance, enforcement and liability demarcation for City public works. Gerry Parette, Bremerton resident, questioned the location of the entrance and exit for the subject site and if the site would be hooked up to City sewer service? Mr. Mathes noted the questions raised relate more to the site plan-~of the development, which is not the issue during this discussion. Although the applicant has the opportunity to change their site plan and they have indicated interest in making some modification, the view graph he displayed shows the access from approximately 50 ft., north of the intersection of Marine Drive and Dora Avenue off of Dora Avenue. Initially, the applicant had a different subdivision pattern that required access from both Marine Drive and Dora Avenue; however, it was the proposal for the vacation that enabled the applicant to have a single unified access, which is generally better for a development. He believed the intent is to have the site hooked up to the City's sewer system. Mr. Montgomery stated he supports the proposal as presented based on the fact there are advantages to the city. #2541 M/S/C/U(Montgomery/Huff-Menees) To approve ordinance, on first reading, approving a right-of-way vacation and dedication at Marine Drive and Dora Avenue, as described on Exhibits A & B. Mr. McConnell asked if the private utility companies were advised of the removal of the dedicated area and whether or not they had any future needs for that area? Mr. Mathes stated he had a letter on file from Puget Sound Energy representing the electric utility. He did not have any follow up from the local gas company regarding any need for an easement in that area. Mr. McConnell stated he was requested by a constituent to ask the following questions: (1) does this conform to RCW 34.79.020 regarding contacting abutting land owners to a right-of-way vacation? (2) Is the area an easement or right-of-way and does the person's property go to the center of the road or to the edge of the road? Ian Sievers, City Attorney, stated contacting abutting property owners is a Department of Community Development function and he assumed it was done by them. In regard to the second question, parts described in A & B are right-of-way both coming and going... a right-of-way is an easement. The abutting property does have property interest to the center of the road. Given the normal platting history, there can be abnormal platting where the whole road is given from one side to the other. Some right-of-ways are TAPE #1483 city Council Reg. Mtg. Minutes August 6, 1997 Page 17 of 17 acquired through an eminent domain either by the State or city and that is not an easement with the title being held by the State or city. Mr. McConnell questioned the history on how 100+ feet of right-of-way were granted? Mr. Sievers stated he did not know the history of platting on that right-of-way, but it is more than a matter of curiosity since it is important to know in setting the value. The value has been set in the ordinance as if the extra right-of-way width was acquired or the City holds the title, then the full market value can be charged. If it is determined that the area was originally platted in that irregular manner, then the amount of compensation will be reduced by ½ the market value. Mr. McConnell asked if that information will be provided prior to second reading of the ordinance? Mr. Sievers stated yes, and it will require researching Kitsap County records Mr. Overson questioned whether or not Puget Sound Energy (PSE) took over Cascade Natural Gas Company and if a letter from PSE would represent both gas and electric services. Paula Johnston, Deputy City Clerk, stated for clarification Puget Sound Energy took over Washington Natural Gas, not Cascade Natural Gas. Mr. Mathes stated he would contact Cascade Natural Gas Company. Vote on motion - Unanimous. Vice President Neville thanked the TV camera crew for their services: Bob Neal, Patricia Mathes, and James Nobel, Jr. With no further business meeting adjourned at 8:30 P.M. City of Bremerton PJ/RN/me cc: Normal Distribution File/Vault