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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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?
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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
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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
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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
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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
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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
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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
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June 24, 1992
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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
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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
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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
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June 24, 1992
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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
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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.
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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.
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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.
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With no further business meeting adjourned at 8:35 P.M.
KATHLEEN L.
McCLUSKEY, City Clerk
L~~ORTON, Council President
City of Bremerton
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