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
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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
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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
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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
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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.
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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?
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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
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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
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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
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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
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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.
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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 -
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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