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HomeMy WebLinkAbout06/24/92TAPE #1034 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUL1.51992 #0015 #0032 JUNE 24 1992 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, June 24, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, Hank Waibel, Morrie Dawkins, Russ Johnson, A1 Colvin and C.R. "Tiny" Collins. Also present were City Attorney Ian Sievers and Kathleen L. McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Rabbi Bernard Frankel. CONSENT AGENDA A. Minutes of Meeting - June 3, 1992 #AB92-158 M/S/C/U(Waibel/Fitz) to approve Consent Agenda as presented. 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. M/S/C/U(Colvin/Dawkins) on June 24, 1992, the Council does approve for payment those vouchers included and further described as follows: 152135, 152156 through 152268 in the total amount of $223,248.49; and Regular Payroll for the period ending June 15, 1992, in the total amount of $497,411.86. COUNCIL MEMBER REPORT8 Mr. Overson announced the opening of a new business in the Manette area - The Garden Gate, supplier of fresh cut flowers, plants and antiques. Mr. Neville reminded everyone to drive careful and be watchful for kids on bikes now that they are out of school and on summer break. He also reminded everyone that the evening concerts in the park will commence Tuesday, June 30. Mr. Waibel stated he would be amazed if tourist could find their way from downtown Seattle to Bremerton due to the recent traffic revision route to the Coleman Ferry Dock. He TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 2 of 25 expressed frustration over the lack of signage in the downtown Seattle area directing traffic to the new route to reach the ferry dock. Mr. Johnson stated it was good to be back in Bremerton after spending several days in Bellevue attending the Association of Washington Cities conference on June 16, 17, 18. He and Councilman A1 Colvin both participated in the Fitness Fun Run. He reported lots of activity was going on at Kitsap Lake and cautioned those using the lake to please be careful. Mr. Colvin reported Governor Booth Gardner was aguest speaker at the AWC conference. He also had the opportunity to hear Dr. Jennifer James speak at that conference and was very impressed with her incisive wit and humor. Several conference attendees had asked him "where was the rest of Bremerton's City Council?". During the conference he had the opportunity to hear about other cities and their problems which reassured him that Bremerton was not alone in struggling to do everything it is called to do. He related that in past years people using Lions Field to shoot off fireworks literally left it looking like a "war zone" and he asked the public's cooperation in not creating a repeat performance this year. He received a letter from Bob Sauter, Richard Chrisinger, and Richard Keeton and read into the record the last paragraph of that letter: "We ask all of the free people to take some time not only on the 4th of July but throughout the year to remember and count our blessings of freedom and who made personal sacrifices to guarantee these freedoms to all Americans" Mr. Dawkins noted the State was testing the surface on the Warren Avenue Bridge. He did not look forward to another resurfacing project on that bridge. Mrs. Horton urged everyone to follow water conservation practices during this "dry" spell. Even though the City's water supply at this point in time seems to be holding up fairly favorable, it is hot and dry and the trends seems to be continuing. PUBLIC RECOGNITION Kathleen McCluskev, City Clerk, read into the record the following letter received from Dixon Conway, 1115 Naval Avenue: "We, the people of Bremerton and the City Council have a long time protest for no sidewalks between Naval Avenue and Marguerite Street leading to Bremerton High School, Olympic College and Naval Avenue. Please do something about this condition. Many people have been close to getting hit and many TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 3 of 25 people have their cars on the street where they shouldn't be". Melissa Anderson, Animal Control Officer, reported they do have 3-4 month old kittens available for adoption. She was happy to report the Basset Hound and white cat have new homes after being adopted. 6A - AMEND PORTICO CONTRACT TO INCLUDE EXTENDED PROJECT TIME, GANGWAY RENOVATION AND UTILITY RELOCATION, #AB92-149 The contract with the Portico Group was based on hourly rates for a project on which construction was to have been completed by May 5, 1992. Due to the extended time required for Change Orders No. i and 2 as well as the time lost due to Corps Of Engineers work stoppage, Portico's services will be required for an extended time. To pay for the extended time requires an amendment to the present contract. The estimated increase is $51,673.00. Dave Baker, City Engineer, stated he did not have any additional information and would standby for any questions. #0391 Public comment - none. Mr. Overson questioned if the boardwalk would be finished prior to the September 30 date given in the contract? Mr. Baker explained when work is identified the contractor has to have time to complete it. It is anticipated that access to the Turner Joy will be completed by August 1, however, there will be additional "utility" work to be completed after that date. M/S/C/U(Collins/Colvin) to approve a Portico contract amendment extending their services at the same hourly rates through September 30, 1992, for an additional amount not to exceed $51,673.00. Mr. Johnson stated many people are interested in using the boardwalk and questioned the safety issue considering the fact that construction will be on going for several more weeks? And, he questioned could the City keep people off the boardwalk until it was completely safe for pubic use? Mr. Baker explained the City did not have a way to keep people off the boardwalk area, however, the portion from thePump Station to the First Street Dock has been released by the contract and is open and available for public use. Mr. Johnson expressed concern that the Port of Bremerton was in the process of building their facilities and questioned if this would cause a safety hazard for the public? Mr. Baker explained the Port's project was underway and the public would have to take TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 4 of 25 that into consideration if they wished to be on the boardwalk. Mr. Colvin questioned if this would be the last increase on the project? Mr. Baker stated this would be the last Change Order for Portico, however, at the end of the construction Quigg Brothers would be submitting a final Change Order. President Hotton questioned if the City is anticipating that Change Order to involve a large sum of money? Mr. Baker stated it would be the same amount as previously reported. President Hotton requested Mr. Baker to provide a recommended funding source for the mitigation project. Mr. Baker stated he was currently working on identifying a funding source. 6B - RENTAL AGREEMENT - R.F. 8HAW ENTERPRISES, ~AB92-159 Following inquiryby Shaw Enterprises, City staff entered into discussions to provide space where a tenant could locate and operate a mobile Espresso Coffee Service. The site selection was predicated on accessibility to customer access, site size and availability of electrical utility. It was concluded the requirements noted could best be met by renting two stalls on the City owned parking lot at 300 Park Avenue and Burwell street. Experienced parking revenues from the two stalls are approximately $150.00 per month. The proposed rent is $350.00 per month. The rental agreement is month to month and provides a 30 day cancellation by either party. Should tenant cancel this agreement, the balance of the unrecovered costs will be paid by tenant. All regulatory and licensing requirements have been complied with by tenant. Gil Johnson, Purchasing Agent, explained the area proposed is zoned "Business Core (BC)" and the proposal is covered under B.M.C. Chapter 5.20 Street Vendor. There is no restaurant within 100 feet that would preclude the operation of this Espresso Cart. Ray Shaw, President of Shaw Enterprises, handed out pictures of his self-contained Espresso Cart and described how it would be placed and used. Not only is he interested in setting up a functioning cart in Bremerton but is also in the business of building them for sale and use in other areas. It is his intention within the year to have 4-6 units operating in Kitsap and Mason Counties. To operate their cart, they will employ 4 unemployed people immediately and for everyunit they get into operation they will be putting 2-4 unemployed people to work. The City will receive an additional $2,000 per year for the rental of two parking spaces. The cart will take up one space and his personal vehicle will utilize the second space. He has already started preliminarywork with the Health District, who will give final permitting after the unit is TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 5 of 25 installed. He did not feel they would be in competition with any other business in the area. The only food items they will have available for sale will be pre-wrapped bagels, muffins and cookies. Beverages for sale will include Italian cold drinks and espresso coffee. They have obtained appropriate insurance and licensing and are just waiting for Councilis approval to begin. Mr. C01v~n stated he appreciated Mr. Shawls confidence in the City of Bremerton and suggested additional locations in other parking lots. Mr. Shaw stated he would also like to be considered for placing a cart at the Cityis waterfront park. Mr. Wa~bel questioned how soon would he open for business? Mr. Shaw stated probably one week after power is available. Mr. Waibel stated he favored the entrepreneurial approach Mr. Shaw was taking, however, he did have several questions and possible problems. He questioned if the City was allowed to engage in long term parking contracts of an "annual" nature with a 30 day cancellation basis? Ian Sievers, City Attorney, questioned if Mr. Waibel meant long-term in terms of the Cityis parking revenue and dedication of bonds? Mr. Waibel stated yes. Mr. Sievers stated there was no problems from a revenue guaranteed point of view since it would be greater than that received from parking in those spaces. Mr. Waibel questioned if the unit was designed for "walk up" business? Mr. Shaw explained the unit is designed for either "drive through" or "walk up" service and the proposed site would be strictly "walk up". Mr. Waibel questioned if two parking spaces provided adequate space for the unit, walk up area and parking? Mr. Shaw stated yes. Hr. Colvin questioned if Mr. Shaw was successful, how would the City handle someone else wanting to come in and establish the same type of business in the same area? Mr. S~evers stated there was no anti-competition clause in the subject rental agreement and when viewing the utilities rebate portion the City anticipates that someone else could share the utility service being installed. He doubted it would be an identical form of business but could be another tenant other than parking in the vicinity that would also do retail sales or service to the public. Mr. G. Johnson stated he was not aware of any plans for any other vendors in that particular area. Mr. Overson expressed concern that, if approved, the City would be in a position to have to agree to other such requests. Mr Sievers stated no, this is not property held by the City for a public service. It just happens that the City devotes the subject site to parking and has the right to make arrangements for lease or sale as is determined. The City would not be obligated to offer sales or lease of space to any TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 6 of 25 other party simply because the City did decide to lease these particular spaces to Mr. Shaw. Mr. Overson questioned wasn't the City required to publicly announce such action and make it available to the public to compete, etc.? Mr. 8ievers stated the City does not have a policy on leases, however, there is a "job opportunity" procedure for sale of City property. This may be something Council would like to develop in the future. Mr. Waibel stated a number of years ago Council passed a number of stringent sidewalk vendor regulations and questioned if Mr. Shaw had been informed of those regulations? Mr. Sievers stated the subject site is not on a street or sidewalk but rather City property. The vendor license does include public property but the portions of those ordinances that require no competition with nearby restaurants or flower vendors only covers those located on streets or sidewalks. president Hotton pointed out then the Zoning Ordinance would come into play and questioned if this use met those requirements? Mr. Sievers stated he believed it did and the area is zoned General Business. President Hotton stated Council hears all the time the City has a parking shortage in the downtown area and now the City is asked to remove two of those spaces. As long as the City Attorney is confident that this action would not be setting a precedents she was somewhat supportive of the proposal. She was also concerned about the message it would send to people who have actually either purchased property or established a business. Additionally, she would like all of the proceeds from the lease of these parking spaces to remain in the Parking Fund and not siphoned off into the General Fund. She felt there was a way, at some point, the Parking Fund could help improve non-arterial streets. Mr. Colvin questioned if Mr. Shaw would be using disposable containers for coffee? Mr. Shaw stated yes, and they will maintain all of the ground immediately around the espresso cart. Public comment - none. Mr. Johnson stated he sensed some negativism from his fellow Council members and did not really understand that attitude. Espresso carts are springing up everywhere around the Sound and he was proud that someone wants to open one that is decent as well as manufacturing them to sell for use in other areas. He felt it was a nice precedent to set and was not in competition with local restaurants. Also, the power source was readily available for utilization by Mr. Shaw. Mr. #1134 #1190 TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 7 of 25 Overson questioned if Mr. Johnson could validate the availability of power source and what would it cost? Mr. Johnson pointed out Mr. Shaw will pay for installation of power, which is available at the Utilities Pump Station. Mr___~. G. Johnson stated the estimated cost for installation of power iS $2-300.00. Mr. Neville stated originally he was opposed to this proposal, however, after viewing the type of cart to be used, its quality and the fact it could be used year-round he would support this request. He questioned the water holding tank capacity? Mr. 8haw stated he would be carrying 10 gallons of water that could be refilled as well as a 10 gallon gray water tank. The only heating source would be electricity- M/S/C(Waibel/Colvin) to approve the Rental Agreement with Shaw Enterprises and that the revenue generated from the lease of parking spaces go into the Parking Fund. Vote on motion: In Favor: Neville, Fitz, Waibel, Horton, Collins, Colvin, Johnson, Abstain: Overson 7A - ORDINANCE NO. 4378 (8ECORDREADING) AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BREMERTON (MITCHELL REZONE), #AB92- 15~ Ron Hough, Planning Manager, stated at first reading of Ordinance there was a minor change made to Section 2, part (c): "The applicant is encouraged to modify the parking space configuration illustrated in Exhibit "A" to achieve a more functional design within Lots 14 and 15 and to eliminate the ingress or euress through the alley". (Note: deleting the words "need" and "for".) Public comment - none. M/S/C(Waibel/Fitz) pass Ordinance #4378, on second reading, amending the Official Zoning Map of the City of Bremerton for property located southwest of the intersection of Rainier Avenue and Seventh Street (Mitchell Rezone). Vote on motion: In Favor: Overson, Neville, Fitz, Waibel, Horton, Collins, Colvin, Johnson Abstain: Dawkins 7B - RESOLUTION8 NO. 2394 AND NO. 2395 8ETTING FORTH A PROPERTY TAM LEVY TO FUND EMERGENCY MEDICAL SERVICES - TO BE PLACED ON THE SEPTEMBER 15, 1992 BALLOT, AND IF NEEDED, NOVEMBER 3, 1992 B~LLOT, #AB92-160 TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 8 of 25 A Resolution setting forth a Property Tax Levy to fund Emergency Medical Services for submission to the voters of the City of Bremerton, for approval and ratification or rejection, at the Primarily Election on September 15, 1992, and if necessary at the General Election on November 3, 1992. A1 Duke, Fire Department Medical Officer, stated the City has been running this EMS levy since 1981. This tax is not new, but continuation of the same 25 cents per $1,000. It is the Fire Department's desire to place this levy request on the September ballot. Mr. Waibel stated this was the first time Council had been asked to pass two Resolutions in anticipation of failure of the first and questioned why was this being done? Mr. Duke stated this was not the first time such a proposal had been presented to Council. Mr. Waibel expressed concern that by passing both Resolutions it may give the message that it was felt the proposal did not have a good chance to pass the first time. Mr. Duke stated the last EMS levy passed by 87%. Public comment - none. Mr. Johnson stated he wished all of the City's programs received as many positive letters as the paramedic services. He hopes it will pass the first time considering the fact there will be other levy issues on the ballot. Mr. Duke offered to make a presentation of the levy proposal to any individual or organization who would like that information. President Hotton pointed out there is a difference between the two Resolutions andquestioned the reason for that difference? Mr. Duke explained both Resolutions should read: Proposition NO. 1 - "Shall the City of Bremerton, in order to continue financing emergency medical care and services,s but authorized to continue present tax levies for twenty-five cents ($.25) per one Thousand Dollars ($1,000) of assessed valuation for each of six (6) consecutive years." Mr. Johnson pointed out City emergency. medical services have been provided for 11 years without a prxce increase. Mr. Duke explained by State law any increase would have to be in twenty-five cent increments, so the next increment would have to be fifty cents. Consideration will be given in the future to going up to fifty cents, however, at this time they feel twenty-five cents is sufficient. Mr. Johnson noted the City Council will be talking with the State Legislative representatives about their lowering allowable increments. #1420 TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 9 of 25 M/S/C/U(Johnson/Colvin) to pass Resolution Nos. 2394 and 2395, including the correction noted, setting forth a property tax levy to fund emergency medical services for submission to the voters of the City for approval and ratification or rejection at the primary election to be held on September 15, 1992; or if failed, presented to the voters at the General Election scheduled for November 3, 1992. 7C - ORDINisd~CE ~4379 (EMERGENCY REi~DING) TO RESTRICT THE DISCH/~RGE OF CO14~ON FIREWORKS IN THE C~LEND~R YEAR 1992 TO JULY 4, 1992, FROM 9:00 A.M. TO 11:00 P.M., #~B92-161 After meeting with the County Fire Chiefs this morning, we agreed collectively to establish a Resolution, County-wide for the strict enforcement of fireworks and limiting the discharge for a period starting 9:00 A.M. to 11:00 P.M. July 4, 1992, inclusive. Due to the dry conditions facing our County and its Fire Departments/Districts, the Chiefs' Association feel the dangers of fireworks discharge far out weigh the celebration of the 4th of July. The conditions include, but not limited to the fact that we have received low snow packs, light rain fall in the past several months; along with over-average temperatures to a point that we have enacted a total Burn Ban, which commenced Sunday June 22. A1 Duke, Fire Department Medical Officer, reported the Kitsap County Commissioners passed an ordinance that included limiting shooting off of fireworks on July 4, 1992, from 11:00 AM to 11:00 P.M.; and the sale of fireworks to stop at 11:00 P.M., July 4th. Mr. johnson stated he believed this proposal made sense and recognized the fact it would make it difficult for charitable organizations selling fireworks. He would like to see the hours of sale and use of fireworks exactly match the County's Ordinance. Mr. Collins pointed out the proposed Ordinance did not identify the penalty for violation of the Ordinance. Ian Sievers, City Attorney, stated the penalty was probably included in the rest of the B.M.C. Chapter addressing Fireworks and believed it to be a misdemeanor. Mr. Waibel questioned what the penalty would amount to under a "Gross Misde eanor"? Mr. Sievers stated that would be up to $1 000 m ' and/or 90 days in jail and a Misdemeanor would amount up to $500.00. Mr. Collins requested that a penalty clause be included in the Ordinance and preferred it be a Gross Misdemeanor. Mr. Duke explained the Fire Department intends TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 10 of 25 to post this information to all fireworks stands as well as passing information out to those buying fireworks, Mr. Overson questioned if there was an easy explanation why the City could execute a total burn ban without talking to anyone but a fireworks ban cannot be placed without passing an Ordinance? Mr. Sievers stated the Fire Code allows some sort of emergency discretion by the Fire Chief on burn bans. Mr. Duke explained the Fire Code allows for setting such bans on both burning and fireworks. President Hortonquestioned if it was appropriate for the City to require posting of this information at the points of sale so that people purchasing fireworks products know exactly when they can shoot them off and when they can be purchased? Mr. Sievers stated that would certainly be appropriate and probably would be a good condition for licensing fireworks sale booths. Mr. Duke re-emphasized their intent to post those booths at the time of inspection prior to their opening for business. Mr. Colvin questioned if current Ordinance No. 3370 contains the wording of "Misdemeanor". Mr. 8ievers stated he would check into that point, however, it would not hurt to repeat it in the proposed Ordinance. If Council wishes to make the penalty a Gross Misdemeanor, it could be included at this time. James Wooley, Manette resident and worker in fireworks stand sponsored by Vietnam Veterans, stated their group recognizes the current "dry" weather conditions and would support some type of restriction. However, last week he contacted the Mayor's Office and was informed that: "Bremerton's rainfall was approximately at average levels, that the watershed levels were approximately where they should be for this time of the year for Bremerton; Bremerton was unique in that it did not rely on snow packs but did rely on rainfall". He emphasized people who patronize their fireworks stand are 80% families and he believed people in general confuse the type of fireworks they sell with that sold on the Indian Reservations, many of which are illegal. He believed the types of fireworks sold through his stand were less of a hazard than that sold illegally. His organization would very much like to see the extension of daytime hours on Friday, July 3 for discharging fireworks, which is a part of the three day weekend. Mr. Overson questioned if the Fire Department was being a little heartless considering the people who have invested in fireworks products? Mr. Duke stated no, the City is not TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 11 of 25 restricting the sale of fire works, just restricting the hours of discharge- Mr. Overson stated hopefully the restrictions will provide some safety and relief in the residential neighborhoods. He questioned if in past years other cities had placed similar restrictions? Mr. Duke stated he did not have any information of past years, however, this year it seems to be a state-wide concern for cities and counties because of the dry conditions. He referenced a major fire in the Spokane area a year ago, which was set off as a result of fireworks. Mr. Collins questioned since the Fire Chief already had the authority to set such restrictions, why was this proposal being brought before the City Council? Mr. Duke explained the Fire Department did not want to be the bearer of "bad news" to the public. Also, since the Council meeting is televised it would offer them the opportunity to publicize the proposed restrictions and how the community would be affected overall. Mr. Collins questioned the number of fires caused by fireworks over the past two years? Mr. Duke reported on July 4, 1991, they responded to 40-50 fire calls. The number of normal calls would be approximately 15. The Fire Department will be staffing another engine unit due to the extreme dry weather conditions. Mr. Waibel explained it is the fire readiness of the environment rather than lack of water availability that needs to be emphasized. Mr. Dawkins questioned who will enforce violations of this Ordinance? Mr. Duke stated the Police Department are ready to enforce this Ordinance, however, it will be on a priority type basis. President Hotton emphasized there are people who abide by the laws and will acknowledge the hazardous weather conditions; and those who don't will not pay any attention to City restrictions. Mr. Collins questioned the current penalty for shooting off fireworks illegally? Mr. 81evers stated the Chapter currently in effect does have a penalties section, which was passed in 1977. Section .070 requires that any person failing to comply with this Chapter or rules and regulations of the Fire Marshall or Fire Chief of this City shall be fined not exceeding $300.00 or imprisoned in the City jail for a period not exceeding 90 days or both. Therefore, that was less than the Misdemeanor penalty of 90 days and $1,000 fine. Mr. Collins questioned since this would be a change to the basic Chapter, could Council stipulate "Gross Misdemeanor" as a penalty in this Ordinance? TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 12 of 25 Mr. Johnson questioned if the Fire Department would be coordinating with Parks Department and Utilities Department to make sure that places like Kitsap Lake Park, Jarstad Park, etc., are posted? Mr. Duke stated yes. Mr. Johnson questioned why is it that Police are the only ones who can give tickets when there are firemen with badges who can ticket people for other things? Mr. Sievers stated he was sure the City's Fire Marshall is authorized to issue citations. Mr. johnson questioned why couldn't the firemen and paramedics be authorized in the same way so that they could issue citations when they are called out on such emergencies? Mr. Sievers indicated it may be possible for the Police Chief to commission Fire Department personnel to enforce the Fire Code as well. Those type of commissions extend the City's liability in handling criminal citations and arrests and that needs to be taken into consideration since those personnel would not have been trained through the Police Academy. Mr. Johnson questioned if the City Council could grant such authority to the Fire Department personnel? Mr. Sievers stated the enforcement authority can be given to other administrators for Codes they enforce. Law enforcement duties are more controlled by State laws on commissioning and required training for law enforcement responsibilities. He would not venture to say that Council could unilaterally extend that authority to other administrative officials. Mr. Johnson questioned if the Police Department was responsible for acts of arson and Fire Code discrepancies? Mr. Sievers stated the Police and Fire Marshall are empowered to deal with those issues. Mr. Johnson questioned if the Fire Marshall could deputize his fellow fire fighters? Mr. Sievers pointed out the Fire Marshall is designated similar to a law enforcement officer, but he was sure firefighters or paramedics who work in that department, generally hold the duties, responsibilities of that law enforcement position in the Fire Department. Police Officers are general law enforcement officers and have full powers for law enforcement of any violation of City or State law. Mr. Duke explained the Fire Department's only commissioned officer is the Fire Marshall. Mr. Sievers explained a Fire officers could take a complaint which could end up in a citation being issued either by the Fire Marshall, City Attorney's Office or Police Officer. He also pointed out any citizen could file a complaint that could ultimately end up as a criminal charge. Mr. Sievers stated as a part of this emergency, Council could consider that the penalty part of the ordinance is also grossly inadequate and could increase penalties as part of the emergency. The fact that it is done as an emergency does not mean it has to go away and it could remain in the code. If #2462 TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 13 of 25 Council desires to make the penalty a Misdemeanor it would be $1,000 and/or 90 days in jail. He suggested simply repealing Section 9.480,070...once that is repealed then the section in the beginning of the Municipal Code says "unless otherwise stated violation of the code is a Misdemeanor and outlines those penalties under Section 112,020 - Misdemeanor. If Council desires to identify the penalty as a Gross Misdemeanor then Council needed to amend Section .070 and state "Gross Misdemeanor"- Mr. Waibel stated if we eliminate our penalty proviso from that section then State law automatically steps in. Mr. 8ievers stated no - there are many State laws that bear different penalty than local ordinances. President Horton stated she would prefer including something in this Ordinance and to review the entire section at a later date. Mr. Overson stressed the purpose of the Ordinance is to limit the discharge of fireworks to the 4th of July from 11:00AMto 11:00 P.M. He hesitated getting into judgement on such violations and it would be a "Judge's" prerogative to set the amount of fine. Mr. Johnson requested that the stop sale of fireworks time should correspond to what Kitsap County has set, which is July 4th, 11:00 P.M. M/S/C/U(Collins/Colvin) to pass Ordinance #4379, emergency reading, limiting discharge of fireworks to July 4, 1992, 11;00 A.M. to 11:00 P.M., with the sale of fireworks from 12:00 (Noon) June 28 to July 4, 11:00 P.M.; amending Ordinance No. 3370 and declaring an emergency; and including the provisions of penalty for a Misdemeanor up to $1000.00 fine and/or 90 days in jail. Mr. Colvin questioned if the Misdemeanor penalty was appropriate for this type of violation? Mr. Sievers stated it was up to the City Council to say whether or not it is appropriate. Currently, the City has a lesser penalty in the B.M.C., and the State has a more severe penalty than what Mr. Collins' proposes in his motion. Vote on motion - unanimous. 7D - RESOLUTION 42397, HOTEL/CONVENTION AND MARKET PLACE ANALY8IS BREMERTON CBD AND WATERFRONT, #AB92-162 City Council held a special Study Session on June 10, 1992, to discuss the merit and scope of conducting two separate market/economic analyses to help determine the feasibility of a hotel/convention facility on the Bremer Trust property adjacent to the Overwater Park, and to complete a marketplace TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 14 of 25 analysis of the specific market for new residential and commercial activities that should be recruited to locate in the CBD. The purpose of these analyses is to identify a realistic market for activities that can be supported by residents, workers and tourists in Bremerton. Carol Dickinson, Community Services Manager, stated the thrust behind the Hotel/Convention/Market Place Economic Analysis comes from a wide collection of business property owners and civic groups in the downtown, who approached the City and requested participation with them in doing this project. Additional support to this project is given by the Port of Bremerton and Kitsap Transit. All of these groups and individuals have indicated a willingness to commit their own funds as well as their time in working with City staff to review RFP responses, select consultants and review the studies. From staff's point of view, she found this very rewarding and gratifying. The Resolution, as proposed, represents to staff that Council desires to move forward on preparation of the RFP. It also gives a message to the business community that the City wants to move forward on this proposal. During the Pre-Council meeting, two suggestions were made, which she incorporated into the last page of the Resolution. They are: (note underlined portions) (1) "BE IT RESOLVED BY, the Mayor and City Council to direct Department Of Community Development staff ..... "; (2) "BE IT FURTHER RESOLVED, tha~ staff establishes a study team consisting of the business. civic. transit and both Port and City officials to work with staff and selected consultants to complete the economic analysis described above (recognizing and buildina on other studies for the downtown area". Mr. Overson questioned how would the results of the June 10 Study Session be communicated so that others will know what happened at that meeting? President Hotton stated there was no formal report, however, there was a news article in The Sun and Council did have a taped recording of that discussion. Ms. Dickinson explained the proposed Resolution is taken directly from comments and discussion held amongst Council members who were present as well as public members. To her knowledge, there is no formal reporting process of staff attending Study Session to report back to Council. Mr. Johnson stated he found the June 10th Study Session to be one of the more positive he had experienced. He is pleased that there are more instances where the business and economic TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 15 of 25 community step forward like Bremerton is vibrant and alive. President Hotton stated in working with the Downtown Task Force she found that group to be very cohesive from the very beginning. Don Atkinson, Executive Director Bremerton Main Street Association, stated the Downtown Task Force has been in place for approximately two years; and during that period of time he has served as Chairman of that group. This group's effort has been to identify projects and programs that the downtown entities, public and private, could agree on. There has been significant participation from the City, Port Of Bremerton, Kitsap Transit and all areas in the private sector. By and large there has been agreement on most items. Gary Gartin recently (within last four months) came to this group with the idea if a motel/convention complex were to come to downtown Bremerton that the Bremerton Lumber site would appear to be an ideal site. The Task Force agreed with Mr. Gartin, but what they wanted to do was to assemble existing data and to generate new hard data that supported that contention. One fact that has been heard but not confirmed is that there are an estimated 100 people per day (weekdays) in Bremerton in conjunction with the Naval facilities, i.e. subcontractors, military personnel, etc., who secure lodging in Seattle. If those individuals could be attracted to a housing facility on the waterfront and such a facility could average 100 per day, that would be a significant first step toward the financial viability of that facility. The Task Force has received informal inquiries from two research firms in the hospitality industry and this groups goal is to develop hard data and on the letter head of someone who is recognized in this industry so that access can be made to the most beneficial source, i.e., Red Lion, Westin, Sheridan, etc. It is their understanding that if they spend $8-12,000 on this initial research, a firm that is about to spend $25-30 million on this ultimate development would likely spend much more than that in their own research. First the Task Force and City need to let them know that the site is available, show potential of the community, show how the City of Bremerton is bouncing back economically, show how the City has boldly moved forward in expansion of the infrastructure in the downtown area, point out the boardwalk- Turner Joy- new businesses... galleries and theaters. There has not been a dissenting voice in the Task Force and they were very impressed and encouraged by the City Council's response when the proposal was presented at the June 10th Study Session. An important point of linkage between the TAPE #1034 City Council Reg. Mtg. Minutes June 24, 1992 Page 16 of 25 waterfront and upland portions of the downtown was brought to this group's attention through Council President Horton's participation. TAPE #1035 Gary Gartin stated the City and community had spent a lot of money in downtown Bremerton and made a giant step forward that needs to keep moving. This proposal is the first step in that forward direction and he felt the Bremerton Lumber site was an ideal spot for a hotel/convention type facility. He urged Council to support this Resolution. He believes someday Bremerton will be something spectacular and he is in a hurry to see it happen. Mr. Atkinson added one other point - in all of the Task Force's meetings it has been their commitment to protect and enhance the revenue stream for the Parks Department to ultimately replace the loss of Roosevelt Field. Roy Mo8innis, 2711 Maple Street, pointed out many people may not understand what happens at Council study Sessions and suggested that be clarified. Mr. Waibel explained the Study Session referenced was the first time in 6 1/2 years he has seen all of the important players saying "we want to be a part of taking that step and recognize this benefits all of us and we all want to be a part in making that happen". For him, this is the most exciting and positive thing he has seen and sees it as a "jewel" for the downtown area and a turn-a-round for Bremerton. President Horton thanked the Task Force members and others who have shown interest and assisted in this project. She was tasked to talk with the Bremer Trust Property Management and they indicated they would be willing to participate as long as other private property owners were willing to participate. Flagship City has some residual funds available and have initially indicated they would be interested in participating. From her prospective, it makes this position, when going to a vote, a lot easier to cast a vote when there is consensus among all the participating members. Mr. Johnson stated another issue that was clearly discussed in the Study Session was the commitment shared by everyone - while we may be spending a few dollars here to gain access to some of the "high rollers" in the hospitality industry, the City will be very picky as to who will be allowed access to the waterfront. And, no matter what someone thinks of Bremerton's waterfront, there aren't many chunks of waterfront in the United states that are located close to ferry terminals #0181 TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 17 of 25 and transportation, have view and access to Olympic Peninsula, etc.,. President Hotton reported she had received very positive calls from developers. She viewed this action as a first good step. The Parks Board was represented at the June 10 Study Session and spoke favorably about this proposal. She emphasized, for the benefit of the public, that the City is doing its best as stewards of the Bremerton Lumber site to maximize revenue. M/S/C/U(Johnson/Waibel) to pass Resolution #2397, which reflects the discussion and conclusions of the special Study Session regarding hotel/convention and marketplace for activities that can be supported by residents, workers and tourists in Bremerton~ including the revised language as suggested by Ms. Dickinson in her opening remarks. 8A - PUBLIC HEARING - REZONE - TO ACCEPT PUBLIC COMMENT8 AND CONSIDER THE RECOMMENDATION OF THE PLANNING COMMISSION REGARDING A REZONE REOUEST ON SYLVAN WAY, APPLICANT~ DON AND COLLEEN CRRL8ON=ANDAPPROVEORDINANCE {FIRST READING), #AB92- 163 The owners of several lots located on the south side of Sylvan Way, east of Pine Road, have requested a REZONE of their property from "SF-2" to "MF". The area is surrounded on three sides by "MF" zoning and apartment development. This proposal has been discussed at a neighborhood meeting and the Planning Commission conducted its public hearing on May 19 1992. Based on the information contained in the attached Findings and Conclusions, the Planning Commission has recommended City Council approval of this Rezone. If approved by the City Council, a Rezone Ordinance is included for consideration and first reading. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron Hough, Planning Manager, provided a view graph showing the proposed rezone area: six lots (2.97 acres) located on the south side of Sylvan Way and east of Pine Road. Three of the lots have single family homes and the others are vacant. The area being considered for this rezone is bounded on the north, west and south by "Multi-family (MF)" zoning, and on the east by "Parks & Schools (PS)" zoning. The applicants feel that this small area is more suitable for in-fill multi- family than for single-family home development. Only one of the property owners, Mr. Alcorn, opposed the rezone and he did TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 18 of 25 addressed that opposition to the Planning Commission. Mr. Hough provided a land use map showing a number of large apartment complexes, single family homes and duplexes. The corridor along Pine Road is zoned and developing into multi- family. The Comprehensive Plan shows higher density/multi-family to the north of Sylvan Way and lower density to the South. The Zoning Map shows everything north and south of Sylvan Way and the Pine Road corridor in the general vicinity of the site is already zoned Multi-family. The pattern for high density has already been established and the Comprehensive Plan seems to be lagging behind. A neighborhood meeting was held on May 14, at the Sheridan Recreation Center and the Planning Commission held its public hearing on May 19. The rezone, if approved, would change the zoning of the subject six lots from Single Family (SF-2) to Multi-family (MF). The applicants felt the subject site was more suitable for multiple family primarily because it is an "island" surrounded on the west/north/south by multi-family zoning. Prior to 1988, the "SF-2" zone designation for the subject site was considered to be appropriate for the residential pocket, however, since that time it has become surrounded by multi-family zoning. A potential problem identified was the condition of Sylvan Way, which is an arterial street. Sylvan Way has no curbs, gutters, sidewalks or other improvements other than a paved surface (28 ft. wide) and is in "fair" condition. The road is considered substandard in its present state and the last traffic count was conducted in 1984 (approximately 3,600 vehicles per day). It is believed that today's count of vehicle traffic would be much larger. Potential development at its current zoning (SF-2) would allow 12 single family residents or 13 if the entire site was developed as a P.U.D. If zoning is changed to MF and totally redeveloped, it could possibly accommodate 63 units. More likely, if the current lots are used then the site could accommodate 40 units. The Planning Commission reviewed the criteria and felt the proposal was generally consistent with the City's long-range intent for the subject area. That intent has been demonstrated TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 19 of 25 through actual development of high density- residential- multi-family housing and the zoning of Pine Road corridor. The Comprehensive Plan lags behind, therefore, the Commission felt the Comprehensive Plan needed to be updated and was being updated through the growth management planning currently underway. They did not feel it was warranted to go back and do a Comprehensive Plan Amendment for that corridor at this time. Because it appears to be consistent with the direction the City is going in the corridor, the Planning Commission felt this rezone is justified. They also felt the public street system, even though substandard along Sylvan Way, would not be adversely impacted by multi-family development on the subject site. Don Carlson, applicant/property owner, complimented Mr. Hough on his presentation of the proposal. They have been long time residents of Bremerton and have confidence that Bremerton will make a "come back" and they are willing to invest in that come back by building apartments on the subject site. They believe the location is excellent for multi-family with the availability of schools, parks, shopping, bus line, etc. Since their property is surrounded by multi-family use, they believe that would be the best use for their property as well. Joellen Johnston, co-applicant, stated she and her husband currently own one of the parcels identified in the rezone and recent sold their home of more than 17 years. They purchased the property behind their home with the intent of building rental properties themselves, however, they decided to sell their home and property behind it so that they could build a new home elsewhere in the County. Their property has been on the market for sale for a year and they have had many individuals view the site with the idea of building a single family residence. Comments made by those prospective buyers identify that area was more conducive to rental properties. The multi-family units surrounding the site are very nice and provide a comfortable community. Gone Alcorn, property owner in the proposed rezone area, stated he was opposed to this proposal. He believes the area has a fairly good mix of single family residential and multi- family, which makes it not undesirable to residential home owners. The area west of Pine Road is also exclusively residential homes. If multi-family apartment units continue to be built in that area, it will make the residential homes undesirable and will turn the area into rental properties. This property served as his personal residence for 27 years and even though he no longer lives there, he is still an East Bremerton resident. He urged Council to consider the people TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 20 of 25 in the area who have residential homes and to limit building multi-family units adjacent to residential property boundaries. He believed the highest zone the subject site should be rezoned would be "Residential Duplex (RD)", which would provide a buffer between the residential home and apartment complex. Tmmmy McNett, Resident Manager of Manette Villa Apartments, pointed out no one had mentioned the apartment complex planned near the subject site. She is able to keep her apartment units filled because it is a nice quiet neighborhood with low traffic. The development of additional apartment units in that area will make tough competition for current facilities and will impact with added noise and traffic. She believes such development will also impact schools that are already over populated. Mr. Carlson stated he was not aware of any new apartment units to be built. He believed property values would increase once his development is built. In response to the concern about overcrowded schools, he did not know the reason why children are bused to different school but did know new school facilities were being constructed. Mr. Overson questioned if there was an answer for a maximum density allowed or could be accommodated in that area? Mr, Hough stated there is no buildout or holding capacity study developed for the Pine Road corridor. Pine Road is continuing to develop both inside the City limits and in the County's jurisdiction. Pine Road is intended to be an arterial street and widened to four lanes sometime in the future. The apartment complex referenced by Ms McNett has been approved and does meet all City code requires. That project will be built on five lots that were combined and is currently zoned Multi-family and has been since 1988. The Pine Road corridor is developing into a multi-family corridor and the south end line has already been drawn - the north end still has potential for further development. Mr. Overson questioned the reason behind the one dissenting option of a Planning Commission member: Mr. Hough stated he could not answer that question. Mr. Johnson noted if the City didn't take the opportunity to develop multi-family he was sure the County would and felt providing higher density areas is part of growth management. He supported the proposal as presented and felt the needed services, i.e., transportation, schools, etc., were all in place. President Hotton stated she also felt the location was #1187 TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 21 of 25 logical for multi-family development. Preserving single family residential neighborhoods is important, however, where there are already several large apartment complexes and a few single family homes it would not lend itself, long-term, to single family residents. Growth management has dictated that high density developments have easy access to transit, be close to schools, shopping and services. She believed this site provides for that type of development. This does bring up an issue that has not been addressed... "impact fees". The reason why the City has not brought up the issue of impact fees is, as a redeveloping community, it felt impact fees collide with redevelopment. But, at some point such fees will have to be addressed if not for transportation and parks, at least for schools. Kitsap County has adopted an interim "impact fee" proposal and hired a consultant to work through that process. Mr. Waibel expressed concern over the fact that Council has recently approved several rezones which identified substandard streets. He believed the City needed to come up with a solution to correction those type of problems rather than letting them get worse. He also believed that Sylvan Way traffic count today would be three times the previous traffic count. He agreed that this proposal was appropriate for the area considering the number of multi-family units already in the general area. President Hotton related during Council's Goals and Objectives Study Session one of the things specifically discussed was a Transportation Improvement Plan not only for the City's arterial street system but also the non-arterial street system. She agreed the City needed to support that kind of planning and funding to improve streets within the City. Mr. Colvin expressed concern that if Council approves this rezone consideration should be given to widening the street and making needed improvements. M/S/C/U(Overson/Fitz) to approve the Carlson rezone and approve Ordinance, on first reading, amending the Official Zoning Map of the City of Bremerton. 8B - PUBLIC HEARING - REZONE - TO CONSIDER A REOUEST FOR A COMMERCIAL REZONE FROM PROFESSIONAL OFFICE (PO) TO GENERAL BUSINESS (GB) FOR TWO PARCELS AT 3003 AND 3009 MEATON WAY, APPLICANT: DEL ENGLISH, #AB92-164 The owner of property at 3003 and 3009 Wheaton Way requested that his property be rezoned from its present designation of "Professional Office (P0)" to "General Business (GB)". The TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 22 of 25 Planning Commission conducted a public hearing on June 16, 1992. Following that hearing, the Commission determined that the request did not meet the rezone criteria of the Zoning Ordinance and a recommendation for DENIAL has been forwarded to the City Council. Rezones require public hearings before the Planning Commission and City Council. If this request is approved by the Council, findings and an Ordinance to finalize the action will be prepared and returned for Council approval at a future meeting. President Horton asked the "Appearance OF Fairness/Conflict OF Interest" question with all members being seated. Jack A11inqham, Current Planning, stated the subject site is located on the west side of Wheaton Way, south of E. 31st. The subject property currently consists of three 50 ft. wide parcels which are approximately 141 feet deep. It contains a self-service car wash on the north two lots and a single- family residential structure on the southernmost lot. The site is currently surrounded by residential uses to the north and south and west. The Comprehensive Plan designation for this site is Commercial, however, the Plan has several policies that conflict with this rezone request. Primarily, the Comprehensive Plan seeks to minimize conflicts between land uses and seeks to protect neighborhoods from incompatible development, tends to tryto limit new development in existing strip commercial areas, which can be observed along Wheaton Way, that are low traffic generating uses and it seeks to provide transitional areas between high intensity and low intensity residential uses. Current zoning of the site is Professional Office (PO) to the north and south. The PO zone meets the Comprehensive Plan policies for this area. The Planning Commission reviewed this rezone request and found it does not meet the Rezone criteria...it is not consistent with the Comprehensive Plan policies, there has not been any marked changes in the neighborhood, that it is not necessary because of any substantial changes, does not serve any public interest and it could result in adverse environmental consequences. Based on those findings, the Planning Commission recommends denial of this Rezone request. De1 English, owner Del's Car Wash - Wheaton Way, stated in 1984 he obtained a rezone for the property from R-1 to B-2. TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 23 of 25 In 1988 he obtained a building permit and developed "Del's Car Wash" on that site. He believes the public need for this rezone is demonstrated by the use of the car wash, especially on weekends. Since the car wash was completed in 1989, he has paid a total of $26,600 in taxes (approximately $10,000 Property Taxes, $14,000 Sales Tax, of which some is returned to the City, and $2,600 in B&O taxes). He has paid out over $8,000 in water and utility fees on the subject site. At the Planning Commission's meeting he listened to Mr. Allingham's proposal against his rezone and noted at that time the Planning Commission's and Planning Department's approval of a rezone request located on Pearl Avenue for L& R Automotive (from Single-Family (SF-3) to General Business (GB)). The rezoned site adjoined the property of L&R Automotive, an auto related business. He could not see much difference in allowing that rezone and denying his request for a rezone because his area was zoned PO. Since the PO zone has gone into affect, there has not been a single "professional office" use built in that area. He could not see allowing him to expand the existing car was 50 feet to the south and 150 feet to the west would adversely affect the area. His proposal for expansion of the car wash business would have included a rewash system to reuse water used in the wash and rinse cycle. He felt this would benefit the public by the use of less water. He also proposed, if approved, to reroute traffic entrance and exit at the car wash. Currently, both entrance and exit are on one 30-foot entrance. He plans to put an entrance only and exist only routing - exist at the south 50 ft. portion of the car wash and entrance where it currently exists. Craig Jones, Attorney representing Lee Harris, owner of a residential property adjacent to the three subject parcels, stated Mr. Harris and Mr. Mathis, another adjoining property owner, believe the rezone is inconsistent with the Comprehensive Plan policies and incompatible with the existing residential use in the area and would constitute an illegal "spot" zone. Mr. Harris has experienced many problems associated with the existing car wash such as: loud radios, lack of security, bright lights, loud vacuum and water noise emanating from the car wash. If the rezone is approved, problems would increase significantly and there would be absolutely no buffer whatsoever between his residential use and the expanded car wash facilities. Mr. Harris urges the City Council to deny Mr. English's request for a rezone of the subject properties. TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 24 of 25 Kathleen McCluskey, City Clerk, read into the record a letter received from Mike Dunn, owner of parcel 072, as well as representing owner, Jack Dunn, of parcel 069 and O.C. Jordan, owner of parcel 068. Mr. Dunn listed the following concerns held by the above named individuals: loud music from car wash patrons, car wash vacuum cleaner noise goes directly through cyclone fence into their neighborhood; residential property will be less desirable to develop if the zoning change is granted. Mr. Dunn urged the City council to deny the request for rezone based on the impact to residential neighborhoods. Mr. Enalish stated he did not understand why Mr. Harris, who owned Lee's Auto Parts for many years (currently use is music store) was objecting to the rezone considering the fact his commercial property is located within 100 feet of the car wash. Mr. Waibel stated at the time the new Zoning Ordinance was adopted the City Council, Planning Commissioners and Planning staff strived to provide some stability and predictability for the residential and commercial properties. The subject area was an area where a considerable amount of time was spent determining how to stop strip zoning that was going on and recognized there was nothing that could be done to undue what was already in place. It was determined that Professional Office (PO) designation was designed specifically for this particular spot. It appears that message has reached the Planning Commission, who agree to stop any further commercial encroachment onto that area. He urged Council to support the Zoning Ordinance designation for that particular lot and he whole heartily agreed with the Planning Commission's recommendation for denial of this rezone request. Mr. Colvin stated he agreed with Mr. Waibel and the Planning Commissions recommendation for denial. Mr. Collins stated of the five criteria required for a rezone he could only find one that met the City's requirement, therefore, he supported denying this rezone request. Mr. Dawkins pointed out that those residential homes along Wheaton Way must experience a tremendous amount of "noise" impact. He felt that sometime in the future all frontage along Wheaton Way should be commercial. Mr. Waibel stressed the subject areas was given the PO designation specifically to act as a buffer between the Commercial and residential area. #2360 M/S/C/U(Waibel/Colvin) that the Bremerton City Council deny the subject rezone request. TAPE #1035 City Council Reg. Mtg. Minutes June 24, 1992 Page 25 of 25 With no further business meeting adjourned at 8:35 P.M. KATHLEEN L. McCLUSKEY, City Clerk L~~ORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault