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HomeMy WebLinkAbout07/14/93TAPE #1121 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JULY 14, 1993 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, July 14, 1993, at 5:30 p.m., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Lynn Horton, C. R. "Tiny" Collins, Morrie Dawkins, Al Colvin, and Russ Johnson. Councilmen Richard Neville and Hank Waibel were absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Councilman Al Colvin. CONSENT AGENDA - NONE CLAIMS/WARRANT 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. #0018 M/S/C/U(Colvin/Dawkins) July 14, 1993, the Council does approve for payment those vouchers included and further described as follows: 167906, 167912 through 167916 in the total amount of $2,499.05. COUNCIL MEMBER REPORTS Mrs. Horton noted at this time most people are aware of the fire at Crown Hill Elementary School, which is a real loss to the community. Field Ryan, Bremerton School District Business Manager, indicated the District is working on solutions to rebuild the burned out portion. She read in this past weekend's newspaper, The Sun, a couple of articles that concerned her: (1) an article about Golf Course expansion in which Mayor made the comment that he decided to place the expansion "on hold". She emphasized the City Council has not heard anything to the contrary, as far as she was concerned, to make them change their mind that the expansion should not go forward. She believes that is a policy issue and something that needs to be discussed by the full Council in order for TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 2 of 30 that decision to be made. She asked Council President Fitz to schedule a Study Session on the Golf Course expansion. And, quite the contrary, rather than hold it up, she would like to look at the possibilities of speeding up the process due to the current low prime lending rate. She believes that long termthe golf course will pay for itself and the existing golf course and the expansion, along with some other things, will act as a legacy for the Parks system long into the future. She felt delaying such a project is a real mistake. The second thing that concerned her was the article about the Sports Complex and the delay because of wetlands. As far as she was concerned, those fields should have been ready this year for play and the fact that there is a possibility it may not be ready until 1994 deeply concerns her. Currently, the City is lacking space for not just adult softball but for kids softball and soccer. If there is anything within Council's power to get the Sports Complex moving so play can commence sometime next year, she felt that needed to be looked into. Lastly, last Thursday evening she, Mayor Mentor and several other Council members attended a meeting of the POWER group. During that meeting, people had the opportunity to vent over the issue of the photographing policy by the Police Department. Again, she believes that is a situation that has turned into a very polarizing element in the City and she thinks in order for us to deal with gang activity effectively, we cannot be polarized. We must be together in whatever we do, we must be united and in agreement that those are the right things to do. Again, she is asking if the Mayor has not rescinded the policy on photographing, and that if it is a policy issue,Council needs to bring it up as such. Mr. Colvin thanked the Port of Bremerton Commissioners for their invitation to attend the Kiwanis Air Show on July 11, which he enjoyed. Mr. Johnson announced the next Household Hazardous Waste pickup in Bremerton is scheduled for September 8 - 9, 12:00 noon to 6:00 P.M., at Olympic College. In reference to a recent news article on the State placing a Work Release facility in Kitsap County, he felt the proposed locations within kitsap County for that facility were totally inappropriate, particularly the site listed in downtown Bremerton. Such a proposal disturbed him considering the fact the City is just starting to see a glimmer of light at the end of a tunnel with completion of the boardwalk, development of the Admiral Theater, the Roxy Theater and new businesses coming into Bremerton and those wanting to come in. Placing such a facility in an economically disadvantaged area makes no sense. He has not been overly impressed with the State's involvement TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 3 of 30 with other projects within the City over the past few years. He also felt some of the proposed County locations for such a facility were also not reasonable. Mr. Colvin stated it might be a good idea for Council to hold a Study Session on this issue as well. President Fitz stated it would not do the City any good to hold a Study Session without the State being present. She emphasized the City needs to have representation at future meetings that address this issue. She did receive an invitation to attend the State Correction meetings being held on the Work Release Facility issue, however, they conflicted with her work schedule. She did not feel it was appropriate to site a facility in downtown Bremerton and one of the criteria mentioned in the news article was that such a facility was not to be located within a thousand feet of where alcohol is served. She noted there are numerous businesses in downtown Bremerton that serve alcohol within a thousand feet of the Eagles building, which they listed as a possible location. The site is also close to the City's boardwalk park, which she felt would be a second valuable criteria that was part of the State's selection process, but both of those criteria were ignored. Mr. Colvin reiterated the need for Council to meet on this issue to develop its position on such a proposal. Mr. Johnson reminded everyone that when the State was looking to locate a Pre - Release facility in Kitsap County, the City offered up some locations that might be appropriate, however, the State did not like them. He stressed City officials should grill Governor lowery on why he would want to mess up economic development in the City of Bremerton when he visits Kitsap County on July 15. Mrs. Fitz announced the Parks Department is sponsoring a Summer Pajama Jam, for 13 - 20 year old youth, on Friday, July 16, 9:00 P.M. to 1:00 AM at the Sheridan Park Gym. Funds from this event will benefit kitsap Teens Center Coalition and the cost is $5.00 with PJ's and $7.00 without. Today, she attend the State Board Of Health meeting, at Givens School in Port Orchard. This was the first time this State group had met in Kitsap County. She found the meeting to be very interesting and the fact they are the people who run the Bremerton/Kitsap Health Department. At that meeting, there was a lot of discussion about legislative events during the Legislative Session that will affect health care, and health care reform is one of the big issues. There was a measure passed by the Legislature that takes the City out of being a member of the Health Board and makes the County the sole governing body. Dr. Willa Fisher, Director of the Bremerton/Kitsap County Health District, spoke to the fact that the Health District has a good working relationship with the City and County. And, the local Health Board is interested in keeping that TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 4 of 30 relationship even if monetarily the City does not participate. Dr. Fisher was quite concerned that the City have a voice in the operation of the Health Board because many of the people who use the Health District services are from the Bremerton area. One of the items discussed at the afternoon session, which she could not attend, was health perspective on gun related injuries. We have gotten to the point where they are going to have to do some talking about health injuries coming from guns. Mrs. Fitz drew attention to a "red" ribbon she was wearing that had a pink and a blue heart. The red ribbon is sponsored by the Bremerton/Kitsap County Health Board and it is to warn women who are pregnant or thinking of getting pregnant that they should not drink alcohol. She quoted: "For it is only an occasional drink, for your unborn child it is a lifetime sentence". Mr. Johnson questioned, on the Health Board discussion about changing representation, if the State Committee was aware of the fact that the City has a Charter requirement to have a Health Board or to be part of a Health Board? Mrs. Fitz stated the Health District is not interested in having Bremerton totally out of the picture. The State has stipulated how the money will be allocated and the County will be in control of that funding. The City may have to do something about changing the Charter, if the legislative change goes into effect. Mr. Collins raised the point who's interested in getting the City out of the Health District? Mrs. Horton stated the adopted legislation was generated by other counties that do not work as cooperatively with their Health District as the governmental entities in Kitsap County. The City has spoken up as to how we might maintain some sort of relationship on either a board level or advisory level to retain contact with the Health District. The City of Bremerton is sort of a "melting pot" as far as health concerns in the County, therefore, she feels it is paramount that the City stay involved in the Health District in some fashion. PUBLIC RECOGNITION Mayor Louis Mentor reported on the following activities: 1) July 7th he attended a planning meeting for the Parks Department's Pajama Dance. 2) July 8th - Concert On The Boardwalk. 3) July 8th - he attended a meeting, at Sinclair Baptist Church, sponsored by POWER where they talked about gang and drug problems in the City. He felt this was a very good meeting and an opportunity for a lot of people to express their frustrations. He looked forward to future meetings addressing gang and drug related problems in the City. During that meeting, there was a lot of discussion about photographs TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 5 of 30 being taken by the Police Department. He stated: "photographing people will not stop, however, some clarification may be needed, but everyone knows there are certain times when photographs need to be taken of people". 4) July 9 - 10th - D.A.R.E. fund raising event was held at the Sheridan Village, which was a well attended. 5) July 9th - Mayor Mentor attended the going away party for John Horsley. 6) July 19th - Mayor Mentor attended an Awards Banquet for the Bremerton Community Theater. 7) July llth - Mayor Mentor served as a Judge at the Transit Rodeo, which included entries from Kitsap, Jefferson, Clallam and Island Counties. Mayor Mentor was pleased to announce he was able to find an alternative location for an outdoor basketball court at the old Olympic View School site. Two fenced in basketball courts will be available for community use. Vicki Vanneman, Director of Parks and Recreation Department, canvassed the neighborhood prior to placement of the basketball hoops and received very positive comments about establishing a program at that site. He anticipates play on the two courts to start next week. He thanked Harrison Hospital for their cooperation in allowing the City to use the site where the hoops are located. Upcoming Events: 1) July 15 - Literacy Council will hold a fund raiser at the Kitsap Way Burger King - 20% of everything sold on that day will go towards the Literacy Council Program. Also on July 15, PSNS will celebrate Heritage Day. 2) July 16 - Decommissioning of the USS Texas. 3) July 17 - Harrison Hospital Golf Tournament/Fund raising event, and Filipino/American Picnic. Mayor Mentor stated he also found the Work Release site list to be unbelievable considering criteria identified for location of such a facility. He noted included in the criteria is that such a facility cannot be within 1/2 mile of businesses selling alcohol, teen activity centers or public activity centers. He emphasized there are probably a dozen places that sell alcohol within 1/2 mile from the Eagle Building site named on the list. TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 6 of 30 Robert S. Boddy, 4402 C Arsenal Way, Chairman of POWER, thanked the Mayor, Police Chief Del McNeal, Prosecuting Attorney and members of the City Council and public figures who attended the public meeting sponsored by POWER on July 8th. His organization is concerned about the "picture taking" practice by the Police Department and they want to know what ethnic groups are being targeted for this kind of treatment. The black community feels they are being singled out and they want to find out why. Issues that POWER wants to address are: gangs, harassment, the City's Gang and Drug Task Force. Another public meeting is scheduled for August 5, at Mt. Zion Baptist Church, 13th and Hewitt. POWER would like to see more ethnic groups involved as well as more people from within the community. President Fitz asked if young people would be invited to the August 5th meeting? Mr. Boddy stated yes, but not gang members. He emphasized the youth want to be recognized. Mr. Colvin commended Mr. Boddy for the way he handled the July 8th meeting. He hopes there will be measurable results coming out of the August 5th meeting. Mr. Boddy stated their goal is to get more ideas and solutions for the problems that exist. Burnette Forte, 817 Broadway, co-founder of POWER and Youth Advisor for the NAACP, thanked everyone who attended the meeting on July 8th at Sinclair Baptist Church. POWER's next public meeting is scheduled for August 5th. He noted POWER will be meeting with most of the youth, who attended the July 8th meeting, the week of July 19. At that meeting, the youth will be sharing ideas on the kinds of activities they want in a forum type program, which will continue on a monthly basis (first Thursday of each month). He emphasized City officials and City staff will be asked to participate at those monthly meetings until solutions to problems being experienced are identified. Jennie Crutcher, 2510 Magnuson Way, stated she has been a resident of Bremerton for approximately 17 years and last week was the first time she viewed the telecast of the City Council meeting. As she watch that program, she was appalled at how the youth were crying out and no one on the City Council responded. She did not see why the City of Bremerton, with all the empty building, couldn't put together some kind of inner - city youth program and have Olympic College be affiliated with it as well. She strongly supported finding a place where kids could go and do things they enjoy doing. She questioned how much money does the City of Bremerton spend on cleaning up after vandalism? She felt funds used for clean up could be reverted to a more positive program for the youth. She questioned if any Council members were members of a committee or program addressing youth needs in Bremerton? TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 7 of 30 President Fitz explained the purpose of Public Recognition time and the fact that the person speaking may not get a response directly from the City Council. However, generally Council either refers an individual to another City department and/or provides a response in writing at a later date. In regards to activities for youth, she noted Mayor Mentor had just announced the availability of new basketball courts for public use. Mrs. Crutcher stated she is not real confident in the Parks Department's abilities and recently lodged a complaint about some inappropriate use of profanity at the Playground Express program. Mrs. Fitz emphasized there are various groups throughout the City who are working on youth activities, dances, teen programs, etc, looking to solve some of the problems. Gordy Byrd, P.O. Box 930, announced the fund raising car wash scheduled for July 17 at the Pizza Hut at 6th and Naval, has been canceled. He also was amazed that the State would consider locating a Work Release facility in an area in the City that was within close proximity of businesses that sell alcohol. Roy McInnis, 2711 Maple Street, stated he did not totally agree with Mayor Mentor about the POWER meeting held at Sinclair Baptist Church on July 8th. He left that meeting early due to his getting upset over some of the language used in the sanctuary of the church. Several days after that meeting, he informed Mr. Forte that the sanctuary area would not be available for POWER meetings, but they would be welcome to use the lower auditorium. Since the July 8th meeting, he has been contacted by individuals concerning the response to some of the questions asked at that time, one being "who is directly responsiblefor actions of the City's Gang/Drug Task Force". In his opinion, the Chief of Police is the person directly responsible for all law enforcement in the City of Bremerton and is answerable to the Mayor and City Council. He emphasized Sgt. Mox is not directly responsible even though he may be responsible to the Chief of Police. And, the Mayor is responsible for the City of Bremerton. People could say he runs a "gang house" because practically every Sunday he has a large group of people gather at his residence where they may share dinner and/or just conversation. The main issue of concern is the "picture taking" activity by the Police Department..He does not want someone coming by his house on Sundays to take pictures of people visiting him, but there is a "gang" there. The answer to the dilemma about when is it appropriate for pictures to be taken is when there is suspected illegal activities going. He hopes Chief McNeal is more prepared, by the next public meeting on this issue, to TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 8 of 30 answer questions rather than just standing there with no response. He emphasized the importance of not using a political rhetoric answer when someone does not have an answer and to be truthful that they don't know the answer but will research it further and report back. He felt evasive answers caused more friction and when people ask City staff and elected officials, they expect a direct response from that person. There is something positive that can come from these meetings, but they will have to be conducted in a proper manner. Darrell McDorman, 2641 Fir Avenue, expressed his concern over vehicles parking along his street. The Maple Manor Apartment complex was in the process of resurfacing their parking area, which displaced all those vehicles out on the street. He noted vehicles parked along the street have been a problem in that area for 2 - 3 years. Following his filing a complaint, a Parking Regulator did come through his neighborhood and some vehicles were ticketed, however, he would like to see a long term solution to the problem. Paul Webster, Morgan Road, stated he feels people depend too much on government to take care of social problems. He recalled when the power was out how neighbors came out of their homes and discovered they all had neighbors. He feels strongly that the public needs to wean itself off of government and get back to where neighbors help neighbors to improve their neighborhoods and at least talk with one another. 8C - CONTINUED PUBLIC HEARING -- APPEAL OF PLANNING COMMISSION DENIAL OF A ZONING ORDINANCE SPECIAL EXCEPTION TO ALLOW AN INTRUSION OF 15 FEET INTO FRONT YARD SETBACK OF THE 8F-3 ZONE FOR A 30' X 30' THREE - CAR GARAGE/STORAGE STRUCTURE; APPLICANT: DAVID BARCELON; LOCATION: 1545 MADRONA POINT DRIVE, WEST SIDE OF MADRONA POINT DRIVE IN WEST BREMERTON, #AB93-110 On April 25, 1993, the Planning Commission denied an application for a Zoning Ordinance Special Exception to allow a three - car garage/storage structure to locate within five (5) - feet of the front property line abutting Madrona Point Drive. The City Council, when hearing an appeal, shall either: 1) Affirm the decision under review; 2) Reverse the decision under review; 3) Modify in whole or part the decision under review; or 4) Remand the matter back to the Planning Commission for further consideration. Don Pratt, Director of Community Development, stated the appeal and the project of the appeal was based on is currently TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 9 of 30 being discussed by both the applicant and Planning staff. There are several options: (1) the project may go away, thereby the appeal would go away; (2) the project may change adequately enough that a new application may yield an approval without having to be brought through an appeal; (3) an agreement may not be reach and may ultimately come to an appeal. The owner and the City both request the delay to allow one of the above listed options to happen. If the issue ever comes back and the appeal rights are still alive following Council action at this time, it will require full public notice and posting in the neighborhood. President Fitz questioned'if the appellant would be penalized? Mr. Pratt stated the appellant may be asked to share in the readvertisement costs. Council has the option to close the hearing with no action. Mr. Johnson questioned if the City had anything in writing from the appellant indicating his withdrawal request? Mr. Sievers stated he had asked that Mr. Pratt obtain a "stand still agreement", which he has in a letter memorializing the agreement. The appellant has agreed to continue the appeal and not have an expeditious processing of the appeal. Mr. Johnson stated what he has heard is that Council is to take final action on this issue. Mr. Pratt emphasized this is not a withdrawal of the appeal. The issue is not ready for a hearing yet and the City owes the appellant a hearing and he has agreed that the City does not have to be expedient in giving him that hearing. Mr. Johnson expressed concern that this could drag on for a lengthy period of time and then pop up someday for action. Mr. Pratt stated there is no project and the appellant is happy with the issue being delayed. Mrs. Horton suggested clearing this issue off the Agenda by saying this hearing is closed with no action. If, at some point of time, the appellant wants to exercise his appeal process, he can come forward with a new appeal at a totally new public hearing. Mr. Johnson questioned how many times do we allow staff to be "run through the hoops", advertise and bring the public in for a hearing? Mr. Pratt re - emphasized that the request for the delay is as much the City's as the appellants. President Fitz asked if anyone in the audience wished to speak to this issue - no one came forward. #1617 M/S/C(Horton/Colvin) to close this hearing with no action being taken. Mr. Johnson stated he would oppose the motion as stated. It seems to him when people put the Planning Commission and Council through the trouble of processing it through the TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 10 of 30 appeals process they should show up unless there is some kind of extenuating circumstances. Mrs. Horton pointed out the appellant paid money for the appeal so now he is requesting that Council go no farther at this time. Mr. Overson emphasized no one stated the appellant was withdrawing his appeal, which is what should have happened. He is interested in finding out why the appellant didn't withdraw his appeal. He questioned if something was being arranged for someone? Mr. Pratt explained the appellant has followed his appeal procedures appropriately and the burden is on the City to provide him with a hearing to dispense the appeal. The appellant is comfortable if the appeal is delayed. What happened was the appellant originally chose to contest the appeal and enlisted the aid of an Attorney, who arranged the appeaI and we were structures in a very legal manner to deal with the appeal. Some discussions occurred that led the appellant to see that if he amended the plans to a limited extent, he may have a project that would not have to go through an appeal. Mr. Pratt now believes it is possible for the applicant to provide a plan that does not need a "special exception" in order to build a garage. But, in order to get to that point the applicant needs to do some work and right now he is involved in some other major project and cannot devote the needed time to the subject project. The appellant asked the Planning Department if things could be "put on hold" until he was able to get back to his proposal. ,Mr. Pratt's response was yes, that would be possible because he would like to process it without an appeal. Mr. Overson pointed out some of the other options might have been the appellant withdrawing the appeal or the City Council continuing this issue for 90 - 120 days. Mr. Pratt stated an agreement may not be reached between the City and the appellant so he may not want to withdraw his appeal and continuing the hearing is well intended but it does not provide the public notice that they would like to provide. If the issue is continued, his department is not obliged to advertise and post the public hearing...it would simply be scheduled on the Council's Agenda. On the other hand, if a new hearing is scheduled, the City is required to publish and post notice of the hearing. Vote on motion: In Favor: Horton, Collins, Dawkins, Colvin, Overson, Fitz Opposed: Johnson Motion carried. 6A - APPOINTMENT TO THE CIVIL SERVICE COMMISSION -- ALYCE F. EAGANS, #AB93-131 There is a vacancy on the Civil Service Commission. Mayor TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 11 of 30 Mentor recommends the vacancy be filled by Alyce F. Eagans. Mayor Mentor stated for many years Alyce Eagans has been involved in City and community affairs. And, it was with a great deal of pleasure that he put her name up for nomination as a Civil Service Commissioner and urged Council's confirmation of that appointment. Public comment - none. Mr. Overson stated he has not known Alyce for very long, however, he recommended Council's confirmation based on what he - does know about her contributions to the Community. He sees this appointment as a very positive step. #1860 M/S/C/U(Collins/Colvin) to confirm the appointment of Alyce F. Eagans to the Civil Service Commission. Alyce Eagans stated she was very happy to become part of a process and hopes to turn a few policies around in the City and community. She thanked Mayor Mentor and City Council for their confidence in her and she promised to do her very best. Mayor Mentor noted the Bremerton Sun's large article about his appointing Alyce to the Civil Service Commission. He did want to remind everyone that in June of 1990 Beverly Hammond was the first minority member (African/American) that he appointed to the Cable Advisory Committee. On January 1991, Robin Abille was the first Filipino to be appointed to the Planning Commission and on October 1992 Anthony Jackson was appointed to the Parks Commission. He wanted to make sure the public was aware that the City had other minority members serving on Boards and Commissions as well. He stated for clarification that John Law chose not to seek reappointment. 7A - ORDINANCE NO. 4422 (SECOND READING) ADOPTION OF REGULATIONS PROTECTING CRITICAL LANDS, #AB93-125 Jack Allingham, Current Planning Division, stated the issue two weeks ago before Council was whether or not the definition of a Wetlands Specialist should exclude people who did not have a 4 - year College or more degree from an institution of higher education. Planning Staff re - reviewed the definition of a Wetlands Specialist and feels that the definition, as proposed, will not disqualify a person with equivalent experience or education from become a Wetlands Specialist. Therefore, the recommendation at this time is to adopt the ordinance with the Wetlands Specialist definition as recommended by the Planning Commission. TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 12 of 30 Mr. Collins stated he brought that issue up at first reading of the ordinance and after discussing it with Mr. Allingham, he concurs in his point of view. Public comment - none. Mr. Overson pointed out staff put a lot of work into this ordinance and brought it before the Operations Committee various times. He extended his compliments to the time and quality of effort put into the document. #2046 M/S/C/U(Collins/Dawkins) to pass Ordinance # 4422, on second reading, adopting the regulations pertaining to the protection and preservation of critical lands as defined by and pursuant to the Washington State Growth Management Act. 7B - ORDINANCE NO. 4423 (SECONDREADING) VACATING A PORTION OF AN ALLEY AND PORTER STREET ABUTTING BLOCK 4, PORT ORCHARD ADDITION, #AB93-130 Public opinion - none. Mr. Johnson stated in his opinion this was one of the dumbest ordinances he has worked on in 10 years, which reaffirms that State law was valid in vacating the property some years ago. He felt there was something amiss in the system to require the Council to pass an ordinance such as this. Mr. Dawklns questioned what would happen if someone decided to build a home on some of the vacated property, which had no access identified? Mr. Johnson pointed out the property was already vacated to the adjoining property by State law. #2117 M/S/C/U(Dawkins/Colvin) to pass Ordinance # 4423, on second reading, vacating a portion of an alley and Porter Street abutting Block 4, Port Orchard addition. 7C - ORDINANCE (FIRST READING) ADOPTING FIRE CODE AND ALARM ORDINANCE AND FALSE ALARM ORDINANCE, #AB93-132 Presented as an Ordinance, expanding the Bremerton Municipal Code 18, to include, adopting the Uniform Fire Code, former sections of the BMC 17 (now solely set forth as the "Building Codes"), and set Bremerton Fire Department Policies as referenced. Scott Rapley, Provisional Fire Marshal, strongly recommended the adoption of the Uniform Fire Code, 1991 Edition, the City of Bremerton Sprinkler Ordinance, Alarm Ordinance and False Alarm Ordinance along with repealing the 1977 Alarm Ordinance - TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 13 of 30 Several months ago the Building Department presented new Building Codes, which were adopted, and at that time sections of Article 17 were repealed, which covered the Fire and Safety Ordinances. This proposal readopts the same Sprinkler Ordinance and is a rewrite of the Alarm Ordinance and provides a new False Alarm Ordinance, similar to what was adopted by the Police Department. President Fitz requested clarification, for the public's benefit, on the False Alarm Ordinance. Mr. Rapley explained in commercial businesses that have fire alarms systems, the Fire Department respond to quite a number of false alarms. Many times the alarm systems are not serviced and maintained properly and they continue to go off time after time with a fire engine, maybe two, rescue units responding. Such alarms could be prevented through service repair/maintenance. The proposed ordinances grants two false alarms per year and the third false alarm would trigger a $100.00 fee and each additional false alarm would be $200.00. The Police Department charges $25.00 for the first false alarm, $50 for the second false alarm and $100.00 for the third false alarm. In developing the proposed ordinance, they have done away with the lower two charges because of the large number of alarms, some of which can be justified, i.e., water leaking down onto a smoke/heat detector, etc. It was felt that it was fair to have two false alarms per year per business and then after that charge for any that occur that are not justified. Mr. Johnson cautioned the public to respond quickly if someone believes something is on fire...pull the alarm and don't worry about the false alarmcharge. Mr. Rapley stated the ordinance does allow the City to charge people who cause a false alarm. Mr. Colvin questioned if the commercial businesses are aware this ordinance is being proposed at this time? Mr. Rapley stated the news media has published articles/notices of the item being presented to Council. Mr. Colvin questioned would a business owner be charged for a false alarm if someone else actually pulled the alarm? Mr. Rapley stated no, the person responsible for causing the false alarm, if identified, would be held accountable. Mr. Collins stated Mr. Rapley assured Council, during the passing of the Building Code Ordinance, that it incorporated everything and only one document was needed to take care of the building and public safety needs. Mr. Rapley explained Chapter 17 of the Bremerton Municipal Code covers all the building ordinances and codes. Chapter 18 has always dealt with Fire items and what they have done is to incorporate all of their Fire items into Chapter 18 of the Bremerton Municipal TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 14 of 30 Code. The proposed ordinance will be a "stand alone ordinance", which will be found in Chapter 18 of the BMC. The Sprinkler Ordinance, False Alarm and Alarm Ordinance are all in one document rather than three. Mr. Overson questioned if the statement of address number sizing places any requirement on the City to tell the public if their numbers are correct, and does the City provide the correct sized numbers, etc.? Mr. Rapley stated generally when they are making an inspection they may determine a business is located back and away from the road and the address numbers are not visible. At that point, the Fire Department personnel would tell them what size numbers would be appropriate to be visible from the street. Mr. Overson questioned if this was a requirement or recommendation? Mr. Rapley stated it will be a requirement. He noted Kitsap County adopted the exact requirement, which is an amendment to the Fire Code. Mr. Overson stated he considers the requirement for basement sprinklers to be a positive change. Mr. Rapley stated in the past, under Appendix 1A of the Uniform Fire Code, the City mandated that commercial businesses with a basement larger than 1,500 square feet would be required to install a sprinkler system. The proposal allows some leniency - Appendix 1A has been repealed and wording has been included in the Sprinkler Ordinance where it says if the basement is to be occupied by people, it must be sprinklered. If the basement is to be used just for storage, an alarm system will be adequate and if a basement area was not to be used for anything and could be blocked off, there would be no requirement of sprinklers or alarming. Mr. Overson questioned if the City is staying within the same basic guidelines as the previous ruling on sprinklers? Mr. Rapley stated actually the regulations for sprinklers was found in an amendment to the Building Code. When Chapter 17 was repealed, they then incorporated the sprinkler requirements into the subject ordinance to be included in Chapter 18 of the BMC. Mrs. Horton stated in reference to the issue of basement sprinklers, she was glad to see that the City has tried to interject some common sense on this issue. In trying to revitalize old downtown, she felt if it was made too prohibitive those buildings would never be revitalized. But, by using common sense and bring them along as those properties are utilized, then the City has a better chance of seeing some of them brought up to code. Robert Ackerman, 3706 Arsenal Way, stated he was opposed to doing away with sprinklers or alarms for basements that were blocked off from any use because it was an area that could TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 15 of 30 contain flammable materials. Mr. Rapley stated the only time they will allow the closure of basement areas is if it is made of solid concrete. All combustible materials would have to be removed as well. Travis Baker, Reporter The Sun, questioned clarification on the distinction between a preventable alarm and an unpreventable alarm? Secondly, Mr. Baker noted the ordinance does not seem to recognize the more commonly understood form of a false alarm...someone who pulls an alarm box or phones in an false alarm. Mr. Rapley stated the BMC already includes legislation allowing the Fire Department to charge up to $500.00 for a malicious false alarm. Mr. Baker was correct, if .the Fire Department deems that an alarm was preventable then the City will collect a fee. If the Fire Department deemed an alarm was not preventable, then no further action will take place. President Fitz questioned how much did it cost to have the fire truck and aid car respond to answer a false alarm? Mr. Rapley stated the cost is significant, and the State has provided figures amounting to $300 - 500 each response. Mr. Colvin stated he thinks this ordinance will make people more responsible if they are charged for false alarms. He questioned if there are any appeal rights included in the ordinance? Mr. Rapley stated yes, under Section 18.02.100 of the BMC. #2831 M/S/C/U(Horton/Dawkins) motion to approve ordinance on first reading adopting the 1991 Uniform Fire Code, City of Bremerton Fire Sprinkler Code, City of Bremerton Fire Alarm Code, and City of Bremerton False Alarm Code to ensure public safety in all structures and amending Title 18 of the Bremerton Municipal Code. 7D - ORDINANCE (FIRST READING) AMENDING PARKING ENFORCEMENT REGULATIONS, #AB93-133 The proposed ordinance makes three material changes to enforcement regulations: 1. In areas posted as "Business Districts" within commercial parking zones, reparking within the business district between the hours of 4:00 A.M. and 8:00 P.M. is prohibited. Reparking within 30 minutes free zones, however is permitted. 2. The ordinance includes script and permits along with tokens under restrictions prohibiting counterfeiting of these payment devices. TAPE #1121 City Council Reg. Mtg. Minutes July 14, 1993 Page 16 of 30 3. The term "commercial parking zone" is substituted for "lettered zones" in the penalties schedule of the parking ordinance to provide consistency with current terminology for this zone adopted in Resolution No. 2367. A $5.00 infraction available for short term parking violations in these in the commercial zone is extended from two to three hours. Mayor Louis Mentor explained this issue has been talked about for approximately I 1/2 years, which included many meetings with Bremerton Main Street Association members and door - to - door canvassing with business people. At the July 12 Study Session, he was requested to provide Council with some figures showing parking revenues. (He provided several handouts reflecting revenue generated from parking.) He noted one question was raised: "what happened after implementation of the two hour zones in 1990". Upon review, there was no significant change after the two hour zones came on line. The significant difference shown on the charts handed out, pertains to the case load in parking - November of 1992 had a drastic reduction and has stayed down. A slight increase came about in June of 1993, at the time of change over from the one hour restriction to the three hour restriction. Looking at City revenue from parking in 1992 and 1993, the revenue stayed the same until November of 1992. He credited the reduction in parking revenues to: (1) several Naval ships leaving Bremerton; (2) downsizing of the Shipyard; and (3) the Commute Trip Reduction Program. He reference a letter received from Jim Lambert, of Diamond Parking, that also reflected a tapering off of parking revenues in November of 1992. Mr. Lambert's statistical information confirmed that whether or not the City has one hour, two hour or three hour parking, it doesn't make a significant difference to the commercial parking lots. What made a significant difference to the parking lots were the same three conditions cited above. Mayor Mentor referenced a news article of June 4, 1993, "Private Ferries Supported In Transit Plan - Ridership is not only dwindling on State small ferries to Seattle but also on privately owned boats...". That same article noted that the State Ferry ridership is down all over but more so on the Bremerton run. The Mayor emphasized that the low ridership on ferries is not related to changes in parking time zones. The Bremerton Main Street Association provided a letter in which they state support for the three hour parking proposal. He TAPE #1122 referenced a letter submitted by Rainier Properties, which he did not quite understand, that expressed some concern about parking in front of businesses. He noted the proposed parking plan was flexible enough to move 30 minute parking spaces TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 17 of 30 around to provide better access to businesses. In summary, his main concern is to do everything we can to open up parking downtown and to bring citizens to the downtown area to do business so the City can compete with outlying areas. He emphasized there have been a lot of new businesses locating downtown in the past two years and availability of parking is an important element in their location selection. He quoted the following from Jim Lambert's letter: "In closing it was the City's intent to provide free street parking to accommodate the businesses and their customers and they should be the ones whose opinions you should take into consideration". Mayor Mentor agreed with Mr. Lambert's statement and found it interesting that such a statement would come from someone who runs commercial parking lots. Mr. Overson stated it was his understanding the a good number of downtown businesses would like to see something other than 3 - hour parking limits. He referenced Ms. Fisher's letter (Rainier Properties Inc.) and the fact that she cites the new three hour parking limited imposed has created problems for some businesses due to people parking for longer periods of time while they frequent other business establishments. Mayor Mentor stated if Ms. Fisher needs shorter termparking spaces in front of her business, the City can accommodate her needs. He emphasized the whole Penney's block is empty and a certain type of parking has been established in that area. However, when the time comes when it becomes a viable commercial area, then loading zones and shorter parking times will be implemented. As the character of downtown changes, he wants to have the ability to change loading zones/30 - minute zones, etc. Mr. Overson pointed out the reports submitted by Mayor Mentor addressing the City's parking revenue income off parking lots - in January.of 1992 the City owned only two parking lots and the income during that year was in the $20,000's. In August of 1992 an additional parking lot was added and the City parking revenue income jumped to $34,000 until the month of November, when it started to decrease. He emphasized we, as a city, need to do whatever we can to help promote that kind of parking. Mayor Mentor stated he totally agreed with Mr. Overson on that point. Mr. Colvin noted in 1990 the City's parking revenue was $68,800 and in 1991 it jumped to $80,132.00. He questioned the 1992 figures? Mayor Mentor stated he did not have the total parking revenues received for 1992. He emphasized the significant statistical data relating to parking revenues is the fact that as of November 1992 those figures started to decrease. He based that decrease on the loss of 9,000 people coming into the downtown area every day. President Fitz noted TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 18 of 30 out of 1992 it was only a three month period from September - November that the revenues were thrown "out - of - whack". Mayor Mentor pointed out the third parking lot was opened in August. Mr. Collins stated it has only been about two years since the one-hour parking restriction and now the Administration is changing it again. He questioned the impetus behind the change to 3 - hours? Mayor Mentor explained he has received a multitude of letters, which he forwarded to Council about a year ago, that stressed it is nearly impossible to come downtown and do much in one hour. The merchants tried a validation program, however, it didn't work as expected. It did work so far as business owners and employees using the validation notices to use on street parking. Mr. Collins noted he has received letters from people saying they will never come back to the downtown area because of the 3 - hour parking time limit. Mayor Mentor emphasized we do want to encourage people to come downtown and do business. Business people are being encouraged to invest in our City and we want to provide them with every break we can. Robert Ackerman, 3706 Arsenal Way, stated he agreed with Mayor Mentor. He is a disabled veteran and is concerned over the fact there are not enough "handicapped parking spaces" available. Mayor Mentor stated in a newspaper article that he supports shortening time limits in "handicapped" parking spaces. This concerned him due to the fact that his disability limits how fast he can walk, which makes him take longer to get to places. He did not want to see the disabled people get penalized for a few who take advantage of the "handicapped" parking spaces. He liked the idea of having the parking meters removed. In reference to no reparking in the downtown within a 24 - hour period, he was not in favor of such a restriction. Ross Hibler, owner of The Book Gallery 322 Pacific Avenue, stated his business also experienced the same decline in revenue in November of 1992. He acknowledged reasons for the decline in business could be contributed to down sizing of the shipyard and several navy ships being out - to - sea. He believes many people who parkin commercial lots do not shop downtown. Personally, he is happy with the Mayor's proposal, which includes enforcement seven days per week. The business community, during meetings help two years ago, agreed for the most part that the one - hour plus validation was a problem. What they thought would be appropriate would be a two - hour limit, not three. He did not want to argue over the one hour difference, but he expected to see people abusing the time frames. He suggested that parking fines within the downtown TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 19 of 30 area should be greater than $5.00. Mr. Hibler stated the downtown business people have become a little apathetic over the last couple of years because they don't feel anyone listens to them. Lastly, in front of his store the signing is somewhat confusing and he was concerned that people parking in the three parking spots were assuming they were all 30 minute zones instead of just the loading zone being 30 minutes. Mayor Mentor stated he would look into that matter. Darrell McDorm,.2641 Fir Street, stated when he worked in the shipyard he observed people coming out of the gate and moving their vehicles so they could have 8 - hours of free on street parking. He believed the 3 - hour parking limit will encourage further abuse of on street parking. He recommended staying with a two - hour limit. Mayor Mentor pointed out someone could park their vehicle for three hours, however, if they moved to another location within the business zone they would be ticketed. There would be no advantage for someone parking on the street for three hours and then moving into a commercial lot for the remainder of the day. He attended a Bremerton Main Street meeting two weeks with approximately 24 people in attendance. At that time, his parking proposal was thoroughly reviewed and all present were in agreement with it. If for some reasonthe three - hour limit does not work out, then he can simply. change the signs to reflect two - hour limits. Mr. Johnson pointed out one group was left out -"Joe lunch bucket customer", which is a category he feels he belongs in. The message being sent to him is: "if I come downtown once, don't come back until tomorrow". He felt this was a bad message to send. Mayor Mentor explained the "no repark" policy has been in effect since 1990 and it was one - hour or two hour restrictions. Under his proposal, the public will have three hours available and if they find it necessary to return to the downtown later the same day, they can park in the short term parking spaces or commercial lots. He emphasized the short term parking spaces will not be counted towards the no - repark restriction. Mr. Johnson questioned the Mayor if he really expected the average tourist to figure out how this system works? Mayor Mentor stated he believes the average tourist will be in the downtown area one time on a given day. So far, people have'been able to figure out the one - hour and two hour zones, which are more complicated than the three hour limit. Mr. Johnson stated he has received numerous complaints from tourist, who were staying at the Bayview, about getting ticketed when they visited the downtown area. TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 20 of 30 Mrs. Horton questioned for clarification if the one - hour restriction was implemented at the end of 19917 Mayor Mentor stated the one - hour parking time was implemented in December 1991 and two hour time was implemented August 1990. Mrs. Horton pointed out parking revenues for surface lots were dramatically higher in 1992 than they were in 1991, after implementation of the one - hour time restriction and validation system. Something that the City does not do well is enforce the right people. She believes the commuters are smarter than the rest of the public because they seem to easily figure out how to beat the system. When the one - hour system came on line, it was hard for commuters to beat the system and the revenue statistics for that period reflect that more long term parkers went into commercial lots. We wanted to promote long term parkers, commuters and all day parkers to go into the lots to free up the street parking for short term retail parking. She did not believe the City will be able to supervise three hour parking and the commuters will have a field day. Secondly, she believes the three hour time limit is against growth management and the direction the City should be going. The City needs to be telling people if they are going to commute they need to get out of their single occupancy vehicle and going to three hours and making it possible for them to beat the system is going away from that direction. Lastly, having the ability to park only one time, whether it is three hours or not from 4:00AM to 8:00 PM, will discourage people from wanting to come to the someday revitalized downtown area. Mayor Mentor noted Councilman Horton picked out the Park Avenue lot, which would have the least impact on downtown business. When looking at the City garage revenues, it had the opposite affect. Mrs. Horton stated the long term commuters, who we are trying to keep in the lots, parked in commercial lots in 1992. She understands that there were problems with the validation program, but it was never advertised in a correct manner or notices placed in store windows to indicate the validation system was in affect or on the signage on the street. Mr. Overson questioned if all the signs have been changed to the three hour time? Mayor Mentor stated yes. Mr. Overson stated he did not see where time restriction was subject matter of the ordinance. He questioned if the Administration already had the authority to change parking time limit restrictions prior to passage of the subject ordinance? Ian Sievers, City Attorney, pointed out Resolution # 2367, adopted December 4, 1991, granted the Administration authority to make such changes. Mr. Overson stated one thing that has not been discussed up to this point is the use of script and permits along with tokens. At the time the Operations TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 21 of 30 Committee discussed this item, he asked to see a sample of the script and permit, and wondered if Council could see a sample at this time? Kathleen McCluskey, City Clerk, stated when the word "permit" is used, it is referring to the Residential Parking Permit. The intent for use of "script" is to provide a tear - off token (paper) that can be used in the City's parking pay boxes and can be purchased either at City Hall or within Puget Sound Naval Shipyard. The script has been designed, but the City has not started issuing it at this time. The Administration is still in the process of working out a relationship with the Shipyard and Diamond Parking, as well as setting up policies and procedures for handling within the City Administration. Mr. Overson questioned for clarification if the Residential Parking Permits will be valid for use in the downtown area? Mayor Mentor explained the Residential Parking Permit was valid only within that residential neighborhood designated area. Mr. Dawklns questioned if Mayor Mentor had checked with members of Bremerton Main Street Association on this proposal? Mayor Mentor explained a number of meetings were held with Main Street members, the last being approximately two weeks ago. He then read into the record Bremerton Main Street's letter of support. Mr. Johnson questioned if someone parked on Callow Avenue and later parked in the downtown area, would that be considered as "reparking" within the commercial zone? Mayor Mentor stated Callow Avenue is a separate zone. 1104 M/S/C(Collins/Colvin) 'to approve ordinance, on first reading, amending the parking enforcement provision and amending BMC 10.11,010 and 10.11.030. Vote on motion: In Favor: Overson, Collins, Dawkins, Colvin, Fitz Opposed: Horton, Johnson Motion carried. 7E - ORDINANCE (FIRST READINO) AMENDING TIME OF PARKING ENFORCEMENT, #AB93-134 The proposed ordinance allows flexible enforcement hours for parking in time limit and free zones which shall be designated on zone signage. Mayor Louis Mentor explained 7 - days per week enforcement is proposed in order to help open up parking spaces on Sundays, especially Seahawk Sundays and Mariner Game days. Three years ago that would not have presented a problem, however, since TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 22 of 30 that time businesses have moved into downtown and are open for business on the weekends. He emphasized enforcement may not be as heavy in December - January when there aren't a lot of special events happening in Seattle. Nor will heavy enforcement take place at 4:00 AM on weekends, however, the City needs to have the ability to carry out such enforcement if it is needed. Mr. Overson stated the Administration has already set the days and times of enforcement, which is within their authorization and takes it out of the Council's hands. Mayor Mentor stated the Administrative responsibility provides the ability to change times and days of enforcement as needed. Mr. Colvin questioned if there is enough parking on weekends to justify paying overtime for regulation? Mayor Mentor explained enforcement on weekends would not involve overtime, but rather regularly scheduled work schedules for Parking Regulators. Mr. Overson pointed out to Council the staff have been given the right to establish the times for parking downtown and this ordinance gives them the right to establish enforcement. He was not sure why the enforcement was established by ordinance and questioned the City Attorney if the ordinance was supportable by granting the administration the authorization to change times and enforcement whenever they wanted to? Ian Slevers, City Attorney, explained changes would not be arbitrary and without notice to the potential violator because it would have to be posted. Kathleen McCluskey, City Clerk, stated for clarification one of the reasons this came about and the intent of the ordinance is not to necessarily give staff the authority to change times, hours and days whenever they desired, but the reality is in the residential parking zone where they try to work with the neighborhood and post it for whatever works best for them. Initially, the City posted the residential zones for 24 hours per day, seven days per week, however, some residents wanted six days enforcement and some wanted five days in order that guests could visit without having the two hour restriction. Then, a couple of residential areas requested that their residential parking zones be posed only from 5:00AMto 12:00 noon, which would be enough to keep out commuter parkers and left open the rest of the time for friends and family members. The staff's reaction to that request was to be as accommodating as possible to the particular neighborhood. The language in the ordinance is needed in order to validate flexible time limits within residential neighborhoods, however, she also believed it would apply in commercial areas as well. Mr. Johnson questioned how this ordinance affected parking TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 23 of 30 enforcement on weekend holidays where the following Mondays or previous Fridays are the observed City holiday? Mayor Mentor noted whatever holiday date City government is observing would be excluded from parking enforcement. Ms. McCluskey, explained if the holiday is on a Monday or Friday, the City does not ticket on those days. Mr. Overson stated one specific example is the City's holiday the Friday after Thanksgiving, which is not officially observed by others. Mr. Johnson pointed out on that day the public would be allowed to park in the downtown area without time restrictions. He questioned if a section should be added for how the City would grant a day of amnesty for parking? This point goes back to the time when merchants wanted to work something out during the Christmas shopping season or special event. He would like to see a mechanism developed in order to provide an "amnesty for parking" for special occasions. President Fitz asked the City Attorney if language could be provided to cover the amnesty issue by second reading of the ordinance? Mr. Colvin questioned the amount of a fine for someone parking over the allotted time on a Seahawk Sunday...would it be equivalent to what it would cost a person to park in a commercial lot? Mayor Mentor stated the public can park in a commercial parking lot all day for $2.25 - $2.50, and a Parking Ticket amounts to $5.00 for each parking citation. He noted the City is encouraging people to park in the commercial parking lots and not on the street. Darrell McDorm, 2641 Fir Avenue, stated his church occasionally brings a church bus into downtown Bremerton, off loads passengers who then proceed to the Ferry. His concern is that there isn't any bus parking area in downtown. #1547 M/S/C/U(Collins/Colvin) to approve ordinance, on first reading, adding a new section to parking zone provisions, amending the times of enforcement for residential and commercial parking zone restrictions, adding a new section to BMC Chapter 10.08 and amending BMC Section 10.08,030; including clarifying language, on'second reading, which are. the real holiday days and to include a section that would allow for a process to exempt additional days from time - to - time. 7F - ORDINANCE (FIRST READING) AMENDING PARKING REGULATIONS FOR DISABLED PARKING, #AB93-135 The proposed ordinance adopts the state law passed in the 1993 session allowing time restrictions on disabled parking spaces. Mayor Louis Mentor explained the subject ordinance would allow TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 24 of 30 the City to limit the time someone could park in a Handicap Parking Zone. A reasonable time limit will be posted so that people can come downtown, take care of their business and then move on so someone else will have an opportunity to use the parking space. Mr. Collins stated he did not find any language in the subject ordinance that specifically specified the State Handicap sticker for the license plate under RCW 42.16. He felt the need to specify exactly what is appropriate because there are vehicles with handicap stickers in them that are not State designated. Mayor Mentor question if Mr. Collins felt RCW 42.16,381 provided specific language to address that point? Ian Sievers, City Attorney, stated he would provide Mr. Collins a copy of that RCW prior to second reading of the ordinance. Mr. Johnson stated he liked Mr. Collins' idea, however, he pointed out there are a lot of out - of - state licenses in Bremerton due to the military population. Therefore, he felt the City must recognize the other 49 States' handicap license/stickers. Mayor Mentor stated the State RCW does recognize other State's handicap designations. President Fitz stated it had been previously mentioned that the Shipyard gives handicap parking passes, which are only valid within the Shipyard boundaries. Mayor Mentor stated that was correct... they would not be recognized by the City as valid exemption from parking regulations. Robert Ackerman, Arsenal Way, stated he had no problem with setting a three hour parking limit in a handicapped zone. Also, the State has two types of handicap permits, one that goes on the license plate and one that hangs from the rear view mirror. He was concerned that non-handicapped people park in and sometimes block access to the Handicap Zone in front of the Post Office on Pacific Avenue. He had contacted the Police Department concerning that situation, however, people still seem to be doing it. He suggested putting a short time limit on that particular handicapped parking spot. Debby Goddell noted the State has recently changed the handicapped stickers and offer either a sticker or decal that hangs from the window. The City does recognize all out - of - State handicap permits. The City does not recognize PSNS's handicap sticker. In reference to Mr. Ackerman's concern abut the parking space in front of the Post Office, that area has always been a problem and last month the City issued more than 12 tickets during brief periods of monitoring. She did not believe that serving citations to abusers will cure the TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 25 of 30 problem. #1884 M/S/C/U(Collins/Johnson) to approve ordinance, on first reading, amending regulations for free parking for disabled persons, and amending BMC Chapter 10.10. 8A - PUBLIC HEARING ON A 75% PETITION TO ANNEX THE CROWN HILL ELEMENTARY SCHOOL AND FIRST READING OF ORDINANCE, #AB93-136 On June 3, 1993, the City Council accepted a Letter of Intent to annex the Bremerton School District site known as Crown Hill Elementary School. In accordance with RCW 35.13.125 and RCW 28A.335,110 the Council may now choose to annex the proposed area described in that Letter of Intent. It is requested that the Legislative body review the revised annexation area presented. Property owners representing greater than seventy - five percent of the assessed value of the subject area, based on Kitsap County Assessors Records, have offered their consent for annexation. The Council is asked to (1) hold a public hearing to accept comments pertaining to the annexation area proposed and related matters; and (2) to make a final determination on the annexation before them. President Fitz asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Terrie O'Neill, Municipal Services Coordinator, stated as previously noted on June 3, 1993, the City Council accepted a Letter Of Intent to annex the Crown Hill Elementary School site. The Planning Commission issued a finding on February 21, 1989, and a SEPA was completed on March 12, 1992 for this annexation. At this point in time, the proposal is ready to move forward with the 75% Petition. Ms. O'Neill urged Council to approve the annexation as presented. Dr. Alfred Aflatooni, 1310 Bertha Avenue NW, stated he is very much in favor of this proposal and was very pleased with the information and assistance given to him to arrive at his decision to participate in this annexation. He questioned what kind of commitment the City has towards people who live in the annexation area pertaining to the services they will receive as part of this action? And, what kind of improvements will they have over what they currently have? Ms. O'Neill stated Dr. Alfatooni's business is located in the Kitsap/Corbet Annexation area, which is being processed in tandem with the Crown Hill Annexation. She emphasized she is always pleased to talk about service levels in Bremerton TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 26 of 30 because of the fantastic job the City's does considering the fact that there are so many people surrounding the area that are not part of the City and the main industry in this area is Federal, which does not add to tax benefits for the City. The City's Fire and paramedic service provide rapid response to the annexation area within 2 - 3 minutes. Police protection can also be provided quickly and there is one Police Officer for every 700 citizens, who cover a smaller area than what is required for coverage in County areas. The City of Bremerton is required to have a higher level of services because it is an urban area. One of the things Dr. Alfatooni is pleased with is the cooperation and helpfulness of the City's Planning Department/Building Permit Office. She emphasized the City's building codes are the same as Kitsap County's. In reference to water and sewer services, Ms. O'Neill pointed out the annexation area is a Water District, who receive their water product from the City although their infrastructure belongs to the Marine Drive Water District. If residents are on Bremerton Water, their.water bills will be substantially less than those living outside of the City. Sewer is also becoming available in that area through Mr. Erickson's expansion of sewer services. City residents using City sewer services are charged at a lower rate than those living outside the City. Citizens' representation on City government includes an elected Mayor and City Council members. Other amenities available to citizens are parks and street repair/maintenance. Robert Ackerman, 3706 Arsenal Way, noted the Crown Hill School recently had fire damage. He questioned if the School is taken into the City, will it have to be torn down because of the fire damage? He was very concerned about the rebuilding of the school and what will happen to the students who attend that school. Ms. O,Neill stated Crown Hill Elementary School is part of the Bremerton School District and one of two schools that are currently located outside the City. The School District prefers to have all of their facilities located within one jurisdiction. Mr. Pratt, Director of Community Development, received word through Field Ryan, Business Manager of the Bremerton School District, they were already making plans for what can happen over the summer to get the children facilitated for fall at the Crown Hill site. The City is assisting the District in that process. Mr. Ackerman stated he was also concerned with the speed of traffic that travel past the school site. He questioned if the City or the County has jurisdiction over the roadway that passes the school? Ms. O'Neill stated currently the area is within Kitsap County and the annexation would bring that portion into the City. TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 27 of 30 Harold Brooks, 1840 Jackson Drive, stated there is a little history behind this annexation. In 1990 - 1991 this same subject came up and was defeated by the Boundary Review Board. In his opinion, the subject annexation has to run concurrent with the next Agenda item, and he wants to address both at the same time. He emphasized one won't work without the other. The other attempt to annex failed because the Boundary Review Board said it was an island - now we have this one, which borders the school grounds and takes in all the business area which in turn makes the business area of Rocky Point in the City. He and his neighbors cameup with a petition containing 60 signatures against the City's original annexation proposal, which he submitted in February of 1992. On July 1, the City came out with another annexation proposal which takes in the business area. He appreciated the Annexation Coordinator's response to the petition he and his neighbors submitted. He was not sure what changed the City's intent, but as a result the subject annexation area was reduced from 100 acres to 10 acres. The net result of that was instead of gaining $200,000 per year the City would gain $100,000 because of the business tax base. The people who will remain in the County area will be saving $100,000. He emphasized we all live in Kitsap County and the County and City will always live beside each other. In this case, the County residents gave the City an advisory "no" vote to annex them and the City responded. He thanked the citizens who helped him on the petition against the original'Kitsap/Corbet Annexation and to the Municipal Services Coordinator for reducing the scope to the present annexation area. He urged the City Council to approve both annexations. Paul Webster, 1129 Morgan Road, stated his property is within the subject annexation area and he has resided at that location for 16 years. He appreciated the information and assistance provided by Ms. O'Neill and he has also gotten a better response from the City than from the County. He supports the proposed annexation and would like to see the sewer extended into his area, which would update existing conditions. He wants to be part of the investment into West Bremerton and looks forward to many positive things happening in Bremerton. He hoped the City would look into the traffic pattern of vehicles exiting McDonald's Restaurant onto'Morgan Road. At the time McDonald's was built, the County approved the traffic ingress and egress, which has been a traffic problem since it was built. His resolution to that problem is to close the exist from McDonald's onto Morgan Road and have vehicles existing McDonald's onto Kitsap Way. Mrs. Horton raised a technical point - if Council approved the TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 28 of 30 annexation of Crown Hill Elementary School first and for some reason the second annexation failed, we would have an island situation. She questioned if it would be more appropriate to act on the second annexation issue first and then come back to the Crown Hill annexation. Ms. O'Neill stated neither of the annexations will take affect until the final Boundary Review Board's decision. Ian 8ievers, City Attorney, stated Mrs. Horton was correct in that the broader non-island area should be acted upon first. (NOTE: VOTE ON THIS ISSUE WILL TAKE PLACE FOLLOWING COUNCIL ACTION ON AGENDA ITEM 8B) 8B - PUBLIC HEARING ON A 75% PETITION TO ANNEX THE KITSAP WAY AREA, #AB93-137 On October 16, 1992, the City Council accepted a Letter of Intent to annex from the Kitsap/Corbet annexation area. In accordance with RCW 35.02.170 the Council may now choose to annex all or any portion of the proposed area described in that Letter of Intent. It is requested that the Legislative body review the revised annexation area presented. Property owners representing greater than seventy - five percent of the assessed value of the subject area, based on Kitsap County Assessors Records, have offered their consent for annexation. The Council is asked to (1) hold a public hearing to accept comments pertaining to the annexation area proposed and related matters; and (2) to make a final determination on the annexation before them. Councilman Dawkins stated he would step down from hearing this issue due an appearance of fairness. President Fitz asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members, except Councilman Dawkins, being seated. Terrie O,Neill, Municipal Services Coordinator, stated she has spent a lot of time over the past two years working on this annexation primarily because the Cityhas been waiting for the highway project to begin on Kitsap Way. An Annexation Agreement was negotiated with Ralph Erickson and on October 16, 1992, she presented a 10% petition for annexation of a larger area, called the Kitsap/Corbet Annexation Area. At that time, she held nine public meetings at Crown Hill Elementary School. After that time, she started gathering signature in that area and as Mr. Brooke's will attest, he TAPE #1122 City Council Reg. Mtg. Minutes July 14, 1993 Page 29 of 30 submitted a petition in opposition to the annexation that included a lot of people on Corbet Drive. If she had excluded only those residents on Corbet Drive, she believed it would have damaged her case to the Boundary Review Board as far as the properness of the boundaries and isolating neighborhoods. At this point, she has 84% of the subject annexation area and feels this is a valid annexation that fills all of the Boundary Review Board's criteria. She asked Council's permission to revise the annexation to a smaller area and urged Council's affirmative vote to annex the area into the City of Bremerton. Mr. Overson questioned if there was an old annexation area and a new annexation area? Ms. O'Neill explained the revised annexation area only includes the business district and several residential households. TAPE #1123 Joe Muncy, 1338 Morgan Road, stated over the years his dealings with the Bremerton City Council have been less than satisfactory with dealings of fairness. There has not been visible evidence of Bremerton's influence in the annexation area up to this time. He does believe that the people who have been addressed in the annexation area have agreed and validate the 84% petition. He supports the proposed annexation proposal and thanked the administration for giving reconsideration to leaving his neighborhood area out of the proposal. He understood there are some questions and concerns about the annexation. He also encouraged the City to look into the traffic flow on Morgan Road and possibly post a sign stating "Do No Block Intersection". Dr. Alfred Alfatooni stated he had a concern about signage on Kitsap Way for businesses and the church located on Bertha Avenue. He hoped the City would allow some simple directional signage on Kitsap Way for business located on Bertha Avenue.. #0127 M/S/C/U(Horton/Colvin) to approve the annexation Petition for thislarea as revised by Mrs. O'Neill. VOTE ON MOTIONS FOR ITEM 8A: CROWN HILL SCHOOL SITE Councilman Morris Dawkins returned to the Council Chambers at 8:52 P.M. #0159 M/S/C/U(Horton/Colvin) to approve the annexation petition for the area of Crown Hill School site. #0177 M/S/C/U(Horton/Colvin) to approve Ordinance, on second reading, annexing approximately 10.64 acres known as the Bremerton School District Crown Hill Elementary Site, which TAPE #1123 City Council Reg. Mtg. Minutes July 14, 1993 Page 30 of 30 lies east of Rocky Point Road and west of Bertha Avenue, into the City of Bremerton and fixing the effective date of annexation. With no further business meeting adjourned at 8:55 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN, FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault