HomeMy WebLinkAbout06/03/92TAPE #1028
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
#0047
#0083
JUNE 3, 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 3,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Richard
Neville, Eileen Fitz, Hank Waibel, Morris Dawkins, Russ
Johnson, A1 Colvin and C.R. "Tiny" Collins. Also present were
City Attorney Ian Sievers and Deputy City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Reverend Bill
Kittenring of Free Methodist Church.
CONSENT AGENUA
A. Bid Award Recommendation - McKenna Falls #AB92-130
Intake Facilities Improvement Awarded To
IMCO General Construction Inc., of Bellingham,
Washington In The Amount Of $979,527.50 Plus Tax
M/S/C/U(Waibel/Colvin) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTER8
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 3, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 149897, 150216, 150218, 150219, 150220,
150,222, 150852 through 151177 in the total amount of
$765,356.24; and Retirees Payroll for the period ending May
31, 1992, in the amount of $90,474.72.
COUNCIL MEMBER REPORTS
Mr. Collins expressed how pleased was about the Memorial
Services held at Ivy Green Cemetery. He was especially proud
of the condition of the cemetery. He requested President
Horton issue a letter of thanks to Vicki Vanneman, Director of
Parks and Recreation, Ray Otis and other staff members who
participated in the making Ivy Green look so splendidly. He
talked with some Canadian guests at the Memorial Service and
they were surprised about how things were handled and how nice
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the cemetery looked. He attended Memorial Services for
Captain Don Ross, which was done in due form and with great
dignity. He noted Don Ross was a "common" person but he also
had great dignity and he will be missed.
Mr. Colvin announced the boardwalk dedication will be held
June 6, 10:00 A.M. He hoped all citizens of Kitsap County will
attend this event. He reported on a flooding condition that
occurred on May 28 in the vicinity of 950 E. 31st Street. The
rushing of ground water that is unable to sink slowly into the
earth due to increased pavement between Sylvan Way and Riddell
Road caused a havoc on E. 31st Street. The water runoff
dislodged a manhole cover and flooded several homes in that
area. Mr. Colvin was contacted by Mr. Hendricks and several
other neighbors affected by the water damage. Mr. Hendricks
will speak on this issue duringPublic Recognition. Mr. Colvin
received an opportunity from the Turner Joy to purchase a Book
for $20.00 which would include one year of free visits to the
Turner Joy.
Mr. Overson reported he and Council President Horton spent
five hours this date at the Kitsap County Regional Planning
meeting. He felt this group was working well together and
were faced with lots of difficult problems, which they are
working seriously to solve. He noted there are some
contentions, but he believes everyone on that Council are
concerned with the constituents interest and their goals.
He commended Council President Horton for her leadership as
Chairman of that group.
Mr. Neville expressed his sympathy to the Bob Jennings family
in the loss of Bob. When out boating on Sunday, he had the
opportunity to welcome back the USS Nimitz.
Mrs. Fitz stated the boardwalk is looking great and worth
taking the time to view the progress.
Mr. Waibel stated he viewed the boardwalk project this morning
and most of the granite blocks are in place. He anticipates
a good dedication ceremony on Saturday.
Mrs. Hotton stated she did spend a very lengthy day at the
Kitsap Regional Council meeting. It seems that all of the
boards are grappling with growth, how to deal with it and
moving into the year 2000, which all takes funding. This
Council did finish up the Policy Plan and the final document
will be altered somewhat by the County before they make a
final adoption. This was anticipated and once the document is
adopted by the County if there is disagreement there is an
appeals process in place. She hoped there would not be the
need for an appeal. This group will be meeting on Monday,
June 8, 5:00 P.M., at Mitzel's in Poulsbo to discuss "growth
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projections". Lastly, she requested those who participated in
the "water sampling" for the City's Water Utility to please
turn them in as soon as possible.
PUBLIC RECOGNITION
Mayor Louis Mentor read the following Proclamation:
1. National Safe Boating Week - June 7 through 13, 1992. The
proclamation was accepted by Dave Jogerst, Commander of the
Bremerton Power Squadron.
Mayor Mentor extended thanks to the many volunteers who
participated in the clean up of Ivy Green Cemetery. He
participated in the following events:
Friday - Kitsap Community Clinic's fund raiser aboard the
Spirit Of Puget Sound
Saturday -Memorial Day Services at Ivy Green Cemetery
and served as an Honorary Judge at the Destruction
Derby
Sunday - Literacy Council's Spelling Bee fund raiser held at
the Silverdale Hotel
Project Family fund raiser held at the RoxyTheater
Tuesday "Irish Wake" memorial for Bob Jennings held at
the Kitsap Pavilion
Upcoming events:
Friday, June 5 - Lions Club Installation
Saturday, June 6 - Dedication Ceremony for Boardwalk project
Sunday, June 7 - Kitsap County Chapter Of Blacks In
2:00 - 8:00 PM Government and the E1 Camino Restaurant are
sponsoring a fund raising for Jimmy Moore,
the Bremerton boy who was badly burned in
the November fire bombing of a residence.
Don Pratt, Director Of Community Development, stated the
regional policy document has been completed by the Kitsap
Regional Planning Council and is about to go forward. The
work program required that a population projection for the
next 20 years for the City of Bremerton be included; and that
the urban areas in Kitsap County are identified in that
document. One urban area happens to be one that Bremerton is
in the middle of and the process is for Bremerton to make a
recommendation to Kitsap County on what is viewed as an "urban
area". After consultation with Council's Growth Management
Committee, Mayor Mentor sent a memorandum to the Regional
Planning Council identifying both the population projections
and the urban growth area.
The process included looking at the land use holding capacity
for the City of Bremerton's existing Comprehensive Plan. It
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is the City's recommendation that the population numbers
identified can be accomplished with the existing Comprehensive
Plan without tearing down existing residences and without
seriously or moderately impacting existing single family
neighborhoods. Secondly, sewer and water capacities were an
extreme concern and the City resolved that by not letting them
be a concern. There is simply not enough sewer and water
capacity in Kitsap County and Bremerton to handle the 91,000
people the Planning Council expects within the next 20 years.
The assumptions the City made are without consideration as to
whether or not Bremerton has adequate capacity but with the
assumption that someone in Kitsap County will develop that
capacity. It will probably be a consortium or cooperative
effort between all the cities and County. No one single
government will be responsible for adding the increased sewer
and water capacity and costs that might come with it.
Mr. Pratt displayed the table showing the population figures
and noted neighborhoods conform with a Census tract, some not
being traditional neighborhoods, lists the number of current
dwellings and the existing population as of the 1990 Census
and new dwelling units. In the case of the Sheridan
Neighborhood there are 950 new dwelling units for a grand
total in the year 2010 of 3535 and population based on that
number of dwelling units is 2,280 more people for a grand
total of 7,920. There are columns showing increase of
population and increase of dwelling units. The primary heavy
increases are in the Hadden and Campus neighborhoods. The
Smith/Highland Neighborhood shows an increase of 66% and is
targeted for high density, multi-story, multi-family dwelling
units and the Manette Neighborhood shows a 50% increase in
population and that is expected because of the waterfront
being zoned for high density. The single family neighborhood
at the top of the Manette area should not be impacted. Kitsap
Lake and Westhills shows a 164% increase in density, which is
because the Westhills 254 acres recently sold to Pope
Resources is undeveloped and it is anticipated that area will
have approximately 3,000 people along with some other limited
areas. Kitsap Lake single family neighborhoods should not see
any change. Another high density area is the Central Business
District with an estimated additional 2,160 for 300% increase
in population. This would be brought about by multi-family
residences. Lastly, Puget Sound Shipyard's population will
increase through development of additional Bachelor Officers
Quarters (possibly as many as 5 facilities with 300-400
personnel per facility. The Shipyard is within the City's
jurisdiction and population count.
Mr. Pratt explained he would be taking this information out to
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the neighborhoods and other opportunities to inform the
public.
The City was asked to recommend what an urban growth area
around the City should be. The Growth Management Act asked
that two kinds of land be identified, rural and urban. The
difference would be defined by what local governments define
it to be and the primary difference is urban lands will be
lands in which agriculture and forestry uses will not be
viable and would be dedicated to developed types of uses. The
City believes that all the way from the southern boundaries of
the City of Bremerton north to Bucklin Ridge have so much
infrastructure and residential areas that it is predominately
developed or soon to be developed. Some adjacent lands have
also been included which will also be developed. By
definition City watershed and utility properties are "urban"
lands. The need to include industrial areas within the urban
growth area was determined so the Industrial Park near the
airport was included. The Growth Management Committee
determined that because the City bracketed the McCormick Woods
development with City lands, that area should also be included
in the urban growth area.
Mr. Overson stated he felt the urban growth area was a
natural.
Mr. Collins stated he has observed a growth in housing
directly along Hood Canal but the map displayed did not show
any type of urban area. He questioned if that area will
remain rural, urban, or is the City concerned with just its
boundaries? Mr. Pratt stated the City is talking just about
Bremerton itself. Within the Regional Policies there will
have to be a definition of "rural"; and if it is rural, what
services will be provided. Waterfront properties and the
density around those properties present a special problem for
Kitsap County. They do not want to bring in sewer because it
tends to increase densities in remote areas on waterfront. On
the other hand, they need sewers to preserve water quality and
it would be an aesthetic mistake to put an urban border around
the shoreline. This issue is something that will have to be
dealt with next year. This is not something the City is
actively participating in because the City feels the list of
conflicts with the County over what is urban and non-urban
around City boundaries fills our agenda. President Hotton
stated it was recognized that in order to preserve water
quality some areas may be designated as rural but have
development in them and should be sewered to preserve water
quality. This does not necessarily mean that area would grow
like a regular urban growth area. Mr. Collins stated near the
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McCormick Woods development area there are five lakes that are
hard pressed at this time. He questioned if it was envisioned
to include those lakes in the urban area? Mr. Pratt stated
yes and he clarified the urban growth area is not a
jurisdictional hit-list and in no way implies the City's
intent to annex. It is anticipated that the area between the
Air Port and Anderson Hill Road and bounded by Lake Flora Road
would probably be urban within the next 20 years, including
those lakes.
Mr. Johnson stated he has been watching the media coverage on
the east side of the Sound, who are going through the same
type of scenario as Kitsap County. Residents in unincorporated
areas in the Counties on the east side are wondering what the
density will be. Currently, depending on the jurisdiction, it
is sometimes one unit per two acres, one unit per five acres
and one unit per 10 acres and there are some very serious
proposals being put forward as to one unit per 35 acres. If
you are not in an urban area and not in one of the self-
contained planned communities or planned resort, they are
talking cows, pigs, chickens and trees.
Mr. Pratt stated if there are any constituents who have
concerns about where the growth is going, please have them
contact him and he will show them where numbers can go without
having their home next door to a high rise apartment building.
Mr. Johnson emphasized public input is welcome.
Mrs. Fits stated for clarification that there is no intent to
build on the watershed even though it is shown in an urban
area. Mr. Pratt stated that was correct - the Critical Lands
Ordinance was being developed and following that would be the
Resource Lands Ordinance which would designate the City's
watershed property as resource lands which makes it
unavailable for development but within the urban area.
Mr. Overson questioned wasn't it true the Growth Management
Plan intends to have greenbelts between urban development
areas and established by the land use authorities? Mr. Pratt
stated that was correct. Between each urban area with the
region there shall be identifiable greenbelts and there shall
be regulations adopted to preserve them. If there is an urban
area in Poulsbo, which we assume there will be, there needs to
be regulations between Bremerton/Silverdale urban growth area
to preserve that green between this urban area and the urban
area to the north. And the reason there is one urban area
between Gorst, Bremerton and Silverdale is that we could not
find any viable greenbelts between Gorst and Bremerton and
Bremerton and Silverdale...simply too many sewer, water,
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schools and roads in the middle of all that land to be a large
enough mass of trees to call it a greenbelt. Mr. Overson
pointed out there is no requirement for the citizens to buy
that greenbelt but just a function of the land use authorities
to control it. Mr. Pratt stated in the rural area the land
use authorities can zone it so that it has the affect of a
natural rural area but they can't say nothing can happen on
the greenbelt and must leave some residual use. If greenbelts
are placed within an urban area, you must buy or secure the
ownership or easements on the land, which is what the City has
already done on the watershed.
Mr. Colvln questioned if a person had a large area of land,
would the land use authority have the power to designate that
as a greenbelt? Mr. Pratt stated yes, if it is in the rural
area and some use is left so that it maintained the
characteristics of a greenbelt but still had an economic use.
Mr. Colvin questioned if there would be any compensation for
the property owner for economic loss? Mr. Pratt stated it is
not required and you can in a rural area own property for
agricultural or low density residential use without "taking"
the land in legal terms. However, if a residual use is not
left like a viable agricultural use or some type of
residential use and there is no economic use left other than
leaving it there as a park, then that person's land has been
taken and must be compensated. Within the City it is more
strict - if a greenbelt is established through the Zoning
mechanism, it could be called a "taking" because technically
urban areas are required to host high density development. If
greenbelts are desired in urban areas then there would be the
need to buy the rights to that green area. President Hotton
stated when the City-wide rezone was done, the down zone could
occur as long as the City left an some economic viability to
that piece of property. She believes a lot of people who
purchased property or own property think it is their inherit
right that they ought to be able to develop that property at
the highest possible economic use and that is a fallacy.
Ron Hendricks, 930 E. 31st Street, reported on a flooding
problems after a recent rain storm. A manhole cover was blown
off resulting in stormwater runoff flooding nearby residents.
This is not the first time this has happened and he was very
concerned that no action was being taken to correct this
problem. He believes the problem is caused by a 24" pipe
coming in and an 18" pipe going out. He was very concerned
about the potential danger to children in that area if the
manhole cover continues to blow off. He also noted that at one
time the Utility welded the manhole cover in place, however,
during a rain storm the water pressure was so strong it blew
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the cover off. President Hotton requested Council's
Legislative Assistant contact Mr. Duffy Utility Director, or
Dave Baker, City Engineer, to get in touch with Mr. Hendricks.
Mr. Colvln questioned if Mr. Hendricks had reported this
problem to the Mayor? Mr. Bendticks stated he had not.
6A - BUDGET ADJUSTMENT/ACTUAL 1992 CARRYOVER DEVELOPMENT
DIVISION, #AB92-139
The 1992 budget for Community Development, including the
Development Division was adopted in December 1991, prior to
determining actual 1991 budget carryover. City Council action
is requested at this time to adjust the 1992 Development
Division Budget.
Carol Dickinson, Community Services Manager, stated this
budget adjustment was carryover of unspent obligated Block
Grant funds from 1991 into 1992. These numbers represent a
snapshot of where the Block Grant budget started out as of
January 1, 1992, where they could look at actual carryovers
through all expenditures the prior year. Because their budget
for 1992 was adopted prior to year-end, she made her best
"guess" estimate of how much money would be expended and what
the entitlement would be for Block Grant funding in 1992.
She noted the numbers in this budget adjustment reconcile City
projects files to the City's ledger as well as to HUD's Letter
Of Credit.
Both the Operations Committee and Fiscal and Budget Committee
have reviewed this item.
President Hotton questioned what was being proposed for
expenditure of the $79,0007 Ms. Dickinson stated the $79,000
difference represents two figures: (1) $24,000 is the
difference between her estimate of the 1992 entitlement and
what actually came in; (2) $55,000 amounts to funds expected
to be spent on projects in 1991 but were not actually expended
until 1992. (Note: these are not additional monies but rather
funds obligated to projects that were not spent by December
31, 1991).
Mr. Johnson questioned how the $24,000 got committed? Ms.
Dickinson explained in early December, 1991, the City learned
that the 1992 entitlement was greater than estimated. At that
time a Budget Adjustment was brought before Council and the
final allocation of 1992 was acted upon, but she did not fold
it into the total budget adjustment until now.
Public comment - none.
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#1653
M/S/C(Dawkins/Johnson) that the City Council adopt the 1992
Development Division annual budget as adjusted to incorporate
the actual 1991 carryover of funds.
Vote On Motion: In Favor: Overson, Neville, Fitz, Horton,
Collins, Dawkins, Colvin, Johnson
Abstain: Waibel
6B - TO CONSIDER THE LETTER OF INTENT TO ANNEX THE BREMERTON
SCHOOL DISTRICT'S CROWNHILL SITE INTO THE JURI8DICTION OF THE
CITY, #AB92-140
The City has certified a "Notice of Intent" from the Bremerton
School District for the annexation of the Crown Hill
Elementary School site into City of Bremerton.
The petition is to serve as Notice of Intent to proceed with
annexation. According to RCW 35.13.125, the legislative body
is to determine the following:
1)
Whether the City will accept, reject, or
geographically modify the proposed annexation; and
2)
Whether said annexed property shall be required to
assume current City indebtedness; and
3)
Whether pre-annexation hearing on land-use planning
and zoning will be held or the assignment of
provisional zoning will be allowed.
Terrie Hartson, Municipal Services Coordinator, provided a map
showing the Crown Hill Elementary site. This annexation
consists of only one parcel, School District land, and is the
second time the District has petitioned for annexation of this
site. According to RCW 28A.335.110, the annexation of School
District property must be processed by its self. The State
statute authorizes the School District to sign the Annexation
Petition, which they have. Concurrently, with this annexation
she will be processing the Kitsap/Corbet Annexation, which is
a separate annexation but would take effect at the same time.
The Annexation Area is 6.4 acres, has no population,
businesses or industries. The school site houses 690 students
and 75 staff members. The total assessed value is 2.8
million, however, it is State land and the City would not
receive any Property Tax collected from that site.
The School desires City benefits, which includes Police, Fire,
and possibility of sewer connection in the future. Currently,
the site receives City water through the Marine Drive/Rocky
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Point Water District and once annexed will receive a benefit
in a reduction of water cost.
Staff recommends that Council accepts the proposed
geographical area. Pre-annexation zoning will be completed by
the time this annexation is finalized, which would require the
assumption of all or a portion of existing City indebtedness.
Although they would be exempt, it is just a matter of formto
process in this manner.
President Horton asked the"Appearance Of Fairness//Conflict
of Interest" question with all Council members being seated.
Public comment - none.
Mr. Waibel pointed out this was the second time the School
District had tried to consolidate their holdings under one
jurisdiction and hoped with the concurrent annexation of the
surrounding area, the Boundary Review Board will see fit to
allow the School District's desire to stand.
#1872
M/S/C/U (Waibel/Overson)
Notices of Intent for
Annexation area.
that the City Council accept the
the Crown Hill Elementary School
Mr. Waibel questioned how often does the State revisit the
funds they allocate for contracted fire protection services
provided the cities? Ms. Hartson stated she had discussed the
issue of fire service with the School District and to her
understanding they pay $1.00 per pupil to the special
district. However, they did mentioned that they would not be
paying the City for fire protection service. Mr. Walbel
wanted to make sure the State was notified that the City was
increasing its liability through this annexation.
#1933
M/S/C/U(Waibel/Fitz) require the assumption of a proportional
share of the City's current indebtedness as a condition of any
future Petition for annexation of the proposed area.
#1966
M/S/C/U(Waibel/Collins) require the adoption of Comprehensive
Plan and land uses prior to the final petition for annexation.
8A - PUBLIC HEARING ON A 75% PETITION TO KNNEX THE 16 ACRE
NATIONAL HEIGHTS ANNEXATION: AREA #1 MARION AVENUE AND FIRST
RE~DING OF THE ORDINANCE, #AB92-144
On February 27, 1992, the City Council gave it's tentative
approval to the National Heights annexation: Area #1 Marion
Avenue. The Boundary Review Board notified the City on May
1st that the proposed annexation would not be subject to a
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review and was approved by non-action.
The owners of several lots in this area, compromising of more
than the required 75% of the total tax assessed value, have
submitted their proposal to annex.
The Council is asked to (1) hold public hearing to accept
comments pertaining to the annexation and related matters; and
(2) to make a final determination on the annexation before
them.
Terrie Hartson, Municipal Services Coordinator, provided a
vicinity map of the annexation area, consisting of 11 parcels
and approximately 16 acres. She noted prior to the affective
date of this annexation, the Hoskinson's Annexation from 1991
has made Marion Avenue an irregular boundary.
In 1981, the Marion Court Apartment Complex was proposed for
construction and solicited the City for use of the City's
sewer and water services. Since that time, the City has
collected other Outside Utility Agreements in that area and in
December 1991, she questioned some of the residential
neighbors, in that area, to see if they would be interested in
annexing into the City. At that time, she came up with 75%,
which is required by State, who would like to annex into the
City of Bremerton. That 75% is based on the County's assessed
valuation of the property, approximately 2 million dollars.
The assessed valuation of 75% of the area would amount to
approximately $1,502,000, and she had well over that
requirement. This is the most commonly used method of
annexation in the State of Washington. The RCW also states
that the Election method of annexation and Petition method of
annexation are both equal and neither one should be favored
over the other.
The area is comprised of 16.14 acres, with a population of 147
people. Only 11 parcels are identified in the annexation area
and does include high density housing.
Services to the Annexation area include natural gas,
electricity, telephone/cable, water/sewer, refuse services
and mass transit. This annexation fits well within the
criteria as defined by the Boundary Review Board, who did not
find cause to invoke jurisdiction.
President Horton asked the Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
The following individuals spoke in opposition to the proposed
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annexation: DoVle Dillard, 127 S. Marion; Dick Fenske, 135 S.
Marion; Jason Smart, 3317 Olympus Drive; Mary Wagner, 3125
Ricky Road; Glen Petroski, 2508 Stone Way.
The above individuals expressed the following concerns: (1)
gotten along with the County exceptionally well but received
nothing from City as a County resident near City services; (2)
at the time City installed a storm sewer on Marion Avenue they
removed a corner marker from two pieces of property; (3)
believes the petition form of annexation is unfair to
residents; (4) problems of vandalism occur when parking
vehicle on City side of street; (5) did not to hook up to City
sewer because it would require installing a pumping system;
(6) County does better job maintaining roads; (7) County
provides better fire protection services, medical emergency
services, water, sewer; (8) City is desperate to get
additional money for City and is using the petition method to
annex in order to obtain that funding; (9) why doesn't the
City ever go the people for a vote on annexation; (10)
believes the City is "crooked" and does not provide backup
documentation relating to annexation agreements/petition; (11)
State law should be changed so that only the vote of the
landowners would bring about annexation; (12) challenged the
legality of using the petition method of annexation over the
vote of the landowners; (13) signatures on petition are
obtained through coercion; (14) see common denominator in this
annexation proposal and previous annexation actions - high
assessed valued properties are used to induce the leverage for
the 75%; (15) many of the owners of the high assessed value
properties live outside the area; (16) application of State
law is being misrepresented because of high value areas being
the controlling factor; (17) directed City to get away from
using the petition method and use the election method where
each individual has the right to vote; (18) group of residents
are seeking counsel and expect to file a class action suit.
Gil Johnson, Acting City Clerk, read into the record letters
from the following individuals: Hugh Rapp, owner of property
at 143 and 145 N. Marion; Philip M. Best, Attorney,
representing Doyle and Ruth Dillard, 127 S. Marion Avenue.
The above individuals were opposed to the proposed annexation
for the following reasons: (1) cannot find one good reason to
annex into the City; (2) only reason for annexing this area is
so City can get more money to throw away on some deadend
project; (3) County already provides good fire protection
services; (5) currently have animals on property that may be
objectionable to City's Animal Control laws; (6) use high
assessed valued properties to act as leverage for annexation
even though land owners live outside the area; (7) property
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taxes and costs of services will increase if annexed into
City; (8) opposed to the use of Outside Utility Agreements;
(9) question the legitimacy and effectiveness of the
"annexation agreement" form with limited power of attorney
given to the City of Bremerton.
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President Horton requested the City Attorney clarify the
method of annexation (petition) and Outside Utility Agreements
that the City utilizes. Ian Sievers, City Attorney, stated we
often hear challenges to the method the City and other cities
typically use - the Petition method. That method is provided
by State law along with an Election method. The State law
specifically states: RCW35.13.120 that the Election method of
annexation, provided for in the named section shall be a
alternate method not superseding any other". Therefore, it is
an alternate and not more important or supersedes the Petition
method. As far as the validity of Utility Agreements as
signatures on a petition and the City initiating the petition
itself rather than having citizens present a petition, both
have been decided by courts in a Spokane case. Attached
agreements committing to a petition of annexation are
sufficient as signatures without having a second signature on
the various petitions are the limited power of attorney, which
are less confusing because it does give the right to sign to
the City.
Ms. Hartson stated the Petition, which was referenced as "not
being available", is a matter of public record and she
provided copies, when requested, to anyone who requested them.
The petition outlines each of the property's value and of the
11 properties within the annexation, six have granted consent
as well as the Marion Avenue Court Apartments.
In reference to Mr. Dillard's concern over lost survey
markers, the City is looking into correction this condition.
She emphasized the requests for City services did come from
the landowners. There is a difference in opinion about people
wanting City services but not wanting City membership. Many
residents of the City feel quite offended by that - if you
want City services provided only by the City, then they are
requesting something that belongs to the City and the City has
every right to request that they become part of the City. Mr.
Dillard also has "wetlands" on his property that are included
on the City's Comprehensive which the County does not
recognize on their Comprehensive Plan.
In reference to 911 calls and broken glass from a vehicle, she
noted because the vehicle was parked across the street, which
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is in the City, and the owner called 911 from an address
within the County, the County does not typically respond to
calls of that nature and the City's Police Department was
never informed of that problem. However, the City does
respond to such calls when received. By bringing this area
into the City, making the street fully in the City, such
problems can be handled. Maintenance and responsibility of
Marion Avenue has been a large problem and would be corrected
through annexation.
Ms. Hartson emphasized hook up to City sewer is not required
when properties are annexed into the City. The Health
District is responsible for making such mandates. There are
many people within the City who are on septic systems.
Property owners can continue to use their septic system unless
the environmental officials step in and require it.
In response to Jason Smart's comment, to Ms. Hartson's
knowledge, she has never spoken with Jason Smart, however, she
offered to meet with him to discuss the benefits of annexing
into the City. In reference to the statement that large
complexes were placed on City fringes... those areas were
developed not because of anything the City did, but due to the
County placing them there and it was the City's services that
were requested that caused utilization of the Outside Utility
Agreements.
In regard to Animal Control, Mr. Dillard was informed that
there was a"grandfather clause" that would allow him to keep
his currently owned animals/fowl once the property is annexed.
The City and County have many of the same Animal Control
policies.
Ms. Hartson noted Mr. McDermott, who signed for the Marion
Court Apartments did reside in the area proposed for
annexation and did sign to have the property annexed into the
City in 1981, which was prior to his death. Since 1981, the
City has collected additional petitions in the annexation
area.
Mr. Overson noted the Petition method of annexation was
established by the State because the State's interest is that
cities provide services. It is not the intent of the State
that there be Sun Fjords, Silverdales, etc., that are County
entities but are not centrally supplied city services. The
function of a city is to centrally provide services and that
introduces efficiency, effectiveness, control and many
benefits to the constituents. The landowners are the most
interested in annexation and that is why it is a percent
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valuation.
#0367
M/S/C/U(Collins/Waibel) approve the annexation petition of the
areas designated as the National Heights annexation Area #1.
Mr. Colvin questioned whether the City had the authority to
sign a petition in behalf of the property owners? Ms. Hartson
stated yes, it is a limited power of attorney. The reason an
Annexation Agreement is used, is to obtain a limited power of
attorney that is revocable at any time up to the 75% petition
process. The City uses the limited power of attorney because
of the amount of time and paperwork required, making it easier
for the person agreeing. Mr. Colvin questioned if a person
hooking up to City services had the right to revoke their
power of attorney? Ms. Hartson explained when someone hooks
up to City services, they sign an Outside Utility Agreement,
which is also a limited power of attorney and are recorded.
Those agreements are not revocable because the property owner
receives the service. Mr. 8levers pointed out the distinction
drawn by Ms. Hartson is proper. Mr. Colvin questioned the
legality of basing the percentage of the annexation on the
economic value of the property and not the number of citizens
involved? Mr. 8levers stated that right has been in State law
for a long time and has not been challenged. There are also
other systems for providing services, such as L.I.D., which
use valuation for totalling protest votes. It is a well
accepted method when talking about benefits being of economic
value and lets one's dollars vote rather than having a per
capita vote. In regard to the comments on coercion, none of
the Utility Agreements were coerced but rather a free choice
to ask for City services in order to develop property and
offer this promise in return for those services. The
voluntary limited powers of attorney that Ms. Hartson's
receives by canvassing the neighborhood are not obtained by
coercion. Ms. Hartson stated if the 11 property owners were
surveyed there would be six agreeing, two undecided and three
opposed to the annexation. If a vote was taken of the area
residents who would stand to benefit from City services, it
would very likely bring about a majority vote. As far as the
majority of property owners in the annexation area, they have
given their consent.
Mr. Waibel questioned the percentage required for a majority
favorable vote? Mr. Sievers stated it would be 60%. Mr.
Waibelquestioned in a Petition process what percentage of the
assessed valuation have to agree? Mr. Sievers stated 75%.
Mr. Waibel pointed out there must be larger percentage under
the economic situation than by the vote method. He questioned
the cost for someone who lived outside the City and was
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required by the Health District to hook up to City sewer
system? Ms. Hartson stated if someone had a failing septic
system or their neighborhood decided, by a majority vote, to
form an L.I.D. to hook up to sewer, it would be a 50% higher
hook up fee and 15% more per month. On her analysis of taxes,
she found that persons who had sewer and water services from
the City of Bremerton would have a net savings of about $36.00
per year. Those who are not on City sewer are charged $2.91
more per month. Mr. Waibel pointed out that a City resident
could hook up to City sewer for $1,000 and it would cost
someone outside the City $1,500. Ms. Hartson stated yes, and
emphasized it would cost 50% more to hook up both sewer and
water outside the City.
Mr. Colvin stated it appears to him that someone who does not
live in the City but owns property of a high enough valuation
could "drag in" other people through an annexation. Ms.
Hartson explained the person owning the property is paying
taxes. A vote of the people for annexation is normally used
when an annexation area is so large that it would not be
possible to give 100% of the property owners the opportunity
to make the decision. She emphasized if someone lived outside
the annexation area they would not have the opportunity to
vote on that action. A person who owns and pays property
taxes can decide whether it is annexed. If a vote is taken
and there is rental property, those residents living in the
annexation area are allowed to vote, however, the person who
is responsible for the tax bill cannot if they live outside
that area. President Horton stated by this discussion, some
people are saying people who live in that apartment complex
wouldn't see the benefits of annexation and yet the owner of
the complex does. In the case of emergency response, the
City's is practically unequalled in the whole Puget Sound
region. Ms. Hartson stated if the annexation was put up for
a vote, there would be 145 people voting. The people living
in the apartment complex have everything to gain and
absolutely nothing to lose.
Vote on motion - unanimous.
#0705
M/S/C/U(Collins/Overson) to approve Ordinance, on first
reading, annexing approximately 16.14 acres known as the
National Heights Annexation Area #1 Marion Avenue; and
affixing the effective date of annexation.
Councilman Morrie Dawkins left the Council ChaSers at 7:35
P.M.
7B - RESOLUTION NO. 2393 REGARDING THE RECOVERY OF FEES FOR
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DEMOLITION OF 213/215 S. CONSTITUTION AVENUE, #AB92-143
In October of 1991, the City was forced to demolish 3 unsafe
buildings located at 213/215 S. Constitution Avenue. The
owners, Mark Eder and Stanley & Michelle Adams, had not
responded to the Notice and Order to Abate Unsafe Condition
posted on the property and mailed to them. The City
advertised for bids for the demolition, and incurred expenses
for administrative time spent on the abatement. In accordance
with the Dangerous Building Code, the City may recoup expenses
either by a personal judgement against the property owner, or
by a lien against the property. This action must be decided
by the Council.
David Nelson, Building Official, stated he believed the only
way for the City to recoup funds on this abatement was by lien
because the owners are not available. One of the three owners
had been contacted and she indicated no interest in it at all.
The other two owners are gone from the area probably because
of legal process due to their owing money to other State
agencies, governmental entitles or institutions, who filed
liens on the property, which the City will share in. It was
not anticipated that the City would recoup all expenses.
Mr. Waibel questioned since the Resolution did not include any
dollar amount, should there be a cost included and would it
limit it to that amount if additional costs were identified at
a later date? Ian Sievers, City Attorney, stated he believed
the City's costs should be identified at this time. Mr.
Nelson explained the City's costs are basically finished. Mr.
Sievers stated the City does not have to incur foreclosure
costs because this lien would be collected through the County.
He did think it was one of the findings Council had to make
that the cost, as presented by the Building Official, are
reasonable and should be reflected in the Resolution.
President Hotton suggested listing the Inter-Office Memo as
Exhibit "A" and indicating that reference in the Resolution as
follows: "NOW THEREFORE, BE IT RESOLVED, that the City of
Bremerton will exercise its right to recapture demolition and
administrative fees, as shown in Exhibit "A", by filing a lien
against the property". Mr. Colvinquestioned the City's costs
up to this date and would there be any interest charged? Mr.
Nelson stated his department filed a report with the City
Clerk reflecting $6,803.04. There is no interest charged
until the owners become delinquent. Mr. Slevers stated that
was correct and they would become delinquent after this
hearing and the interest rate would be 7%.
Public comment - none.
#0871
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Mr. Overson questioned what would happen next and will the
City some day receive its funds? Mr. Nelson stated his
understanding of Washington State Law is that a lien be in
effect for three years. The City has that much time to file
foreclosure proceedings on property that is not paid. He also
understands that the City can assess a bill as an assessment
that would be billed to the owners of the property and stated
it is payable at the next go-around of that assessment. If it
is not paid, the City can then start foreclosure proceedings
immediately upon the delinquent payment. Mr. Overson
questioned if Mr. Nelson was proposing that procedure? Mr.
Nelson stated yes. Mr. Colvin questioned what time frame was
Mr. Nelson talking about? Mr. Nelson stated it would probably
be six months. It was his understanding there was a four
month procedure on a foreclosures. Mr. Johnson question if
some wording should be included in the Resolution as to moving
on this ,'posthaste"?
Mr. Sievers explained in the Agenda Bill summary it outlines
the two ways to collect: (1) pursued as a Civil claim against
the property owner; (2) a property lien. He agreed with Mr.
Nelson in that the City could foreclose the lien sooner than
it would go through the tax delinquent process and be sold by
the County. If Council desired to pursue it as a Civil claim,
it may not be very productive because of being unable to
locate all owners. Mr. Waibel stated he did not believe a
decision could be made on which method to use until the City
has a delinquent account that needs to be responded to. This
issue should be brought back to Council as soon as that
delinquency was determined.
Mr. Overson complemented Mr. Nelson and his staff for carrying
out a very economical demolition.
M/S/C/U(Collins/Colvin) approve Resolution #2393, ordering
that the fees incurred for this demolition be filed as a lien
against the property at 213/215 S. Constitution Avenue, the
feels to be as shown on Exhibit "A" of the Agenda Bill and the
cost would also include 7% interest compounded annually.
8B - PUBLIC HEARING MITCHELL REZONE: TO CONSIDER A REOUEST TO
ADD THE "LIMITED PARKING OVERLAY (LPO)" ZONE TO A PARCEL AT
THE INTERSECTION OF RAINIER & 7TH 8TREET, #AB92-145
Jeff Mitchell (FBK Ventures) is the owner of Olympic Plaza, a
small commercial complex at the corner of Sixth and Rainier.
He also owns a vacant lot immediately north of the complex and
would like to provide some additional off-street parking on
that property to alleviate a substandard parking situation for
Olympic Plaza. The current zoning of the vacant lot is
"Duplex Residential" which does not allow accessory commercial
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parking. The applicant has requested a Rezone to add the
"Limited Parking Overlay (LPO)" zone to the "DR" zoning which,
if approved, would allow the creation of the parking lot.
The Planning Commission conducted a public hearing on this
request on March 31 but were split 3-3. Therefore, a formal
recommendation from the Commission is not included.
President Hotton asked the "Appearance Of Fairness/Conflict
Of Interest" question with all Council members being seated.
Ron Hough, Planning Manager, stated this is a request to add
the Limited Parking Overlay (LPO) to a piece of residentially
zoned property in a Duplex Zone. The subject site is a single
15,000 square foot lot, located along the west side of Rainier
Avenue, 150 feet north of Sixth Street, and at the
intersection of Rainier and Seventh Street. This parcel is
under the same ownership as Olympic Plaza, a small commercial
complex at the corner of Sixth and Rainier.
The existing land uses in the area include commercial uses
along Sixth Street, single family neighborhood and duplexes
north of the property.
The subject property consists of five lots, (30 feet wide by
approximately 100 feet deep), all of which are vacant and have
been combined by the County Assessor into a single tax
account.
Olympic Plaza is a retail office complex fronting onto Sixth
Street and has a parking lot in the front. Mr. Mitchell
purchased this property about one year ago, which included the
vacant lot in the rear. It appeared Mr. Mitchell assumed he
could use part of that lot for accessory parking related to
the business, which has been used for that purpose on-and-off
over the years, not necessarily legally, and the City has had
some enforcement actions on this property in the past. Mr.
Mitchell also wanted to clean up the property after he
purchased it, which he did and then covered the area with
gravel. Within a short period of time vehicles were parked on
that area and the City received a flurry of complaints. As a
result of the complaints, the City informed Mr. Mitchell that
the subject area was a Duplex Zone not a Commercial zone and
he could not continue commercial related parking on the site.
Therefore, Mr. Mitchell had a couple options, one being to
apply for a rezone to General Business, which is what Olympic
Plaza property is currently zoned. Staff suggested at that
time that it would probably not work since it would be moving
commercial use into a residential area and the General
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business Zone would allow a whole variety of uses that would
not be compatible with the residential district. Staff also
explained there was the LPO Zone that might be considered
since it retained the Duplex Zoning that allows parking. The
applicant then applied for rezone of the entire property and
during that processing staff came to the conclusion that the
subject site was too large a lot for the commercial business.
The applicant was really trying to supplement current parking,
which is currently deficient and to allow a parking lots this
size goes way beyond that need. Staff came up with an
alternative proposal - to proposal the LPO Zone on only the
two most southern lots, directly behind Olympic Plaza and
retaining the northern three lots as Duplex Residential, which
would keep a buildable site that could accommodate a duplex or
three legal lots accommodating three small single family
homes. Several concerns were identified: (1) neighborhood
residents did not want a parking lot at the end of 7th Street
or additional traffic on their street; (2) Olympic Plaza has
a parking deficiency.
Current zoning in the subject area include: the Olympic Plaza
is General Business (GB), subject vacant lots are zoned Duplex
Residential (DR), and residential neighborhood on the east
side of Rainier Avenue is zoned Central Bremerton Residential
(CBR) south of Eighth and Single-family Residential (SF-3)
north of Eighth.
Mr. Johnson raised a question of parliamentary
procedure...when the City Council's vote ends in a tie the
motion fails and in this case shouldn't it be a recommended
"denial" coming to City Council? Mr. Waibel pointed out there
was a second motion by the Commissioners that was also
defeated by a tie vote so they had both recommended denial on
the first motion by a tie and recommended passage on the
second motion that ended in a tie. Ian Sievers, City
Attorney, stated since this was an item that would move
forward without an action type vote, all the Planning
Commission had to do was provide a recommendation. In terms
of Planning Commission action, the tie votes would reflect a
"no recommendation" to Council, but not considered a negative
recommendation. Mr. Hough explained the Planning Commission
does make recommendations and they did not postpone this item
for another month to again review it on their next agenda.
Mr. Hough outlined the following issues that were brought out
during the Planning Commission hearing:
(1) O1vmpic Plaza parking deficiency: Olympic Plaza has 8,000
sq. ft. of gross floor area in their facility and according to
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the City's parking requirements they would need 27 spaces for
office and retail uses. They presently have 16 spaces and
currently it is not a major problem due to one vacancy in the
building. However, when all of the space is filled, it does
demand more parking and can create an overflow. Such overflow
parking had been using the vacant lot and along residential
streets in that vicinity. One possibility the Planning
Commission suggested was an agreement across 6th Street with
the Canned Food Store for additional parking in their lot. It
was generally felt that people would rather park along
residential streets than to cross 6th Street.
(2) Traffic Patterns Rainier. Seventh Street and alley:
Traffic counts were not available from the Engineering
Department as Seventh street is considered a low traffic
street. However, residents living on Seventh Street consider
it a high traffic area caused by people using it as a by-pass
route for the intersection of Sixth and Naval. Also, several
auto repair businesses in the vicinity test drive vehicles
through the subject area, which does impact the neighborhood.
(3) What is a neighborhood and land use compatibility: People
tend to feel only the residential area is their neighborhood.
Planning tends to look at uses on the fringes of the
neighborhood and sometimes commercial districts are also part
of the neighborhood. In this case, a neighborhood backs up to
a commercial strip along Sixth Street and there is a well
defined boundary - the alley between residences and parallels
Sixth Street between Sixth and Seventh. In the case of
Rainier, there is a property line boundary, which is a little
ragged and is one of the issues as to where should that line
be drawn...should it be a hard line or is there some room for
flexibility.
(4) How far from a residence should a parking lot be -
orientation of homes. view impacts: there are times when both
sides of the street are lined with parked vehicles, which is
normal for a residential area. The vehicles are visible and
the homes are directly oriented towards the street, straight
across the street from each other and look out their windows
to parked vehicles. The residents were concerned, at the
Planning Commission hearing, about seeing the parking lot,
located at the end of the street and slightly around the
corner. This was a valid point for some residents. There are
street trees in the area, which help block the view during the
summer months, however, in the winter time leaves fall off and
things are more visible.
(5) How aesthetically pleasing must a parking lot be:
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One of the questions is "how invisible does a parking lot have
to be? Is it part of the environment, is it part of the
neighborhood or not, if not is it something so bad that it has
to be totally out of sight?
C6) Long-termemployee versus short-termcustomer parking: the
proposal is not proposing a commercial lot but accessory
parking only related to the businesses and there is no intent
to charge for parking. The employees are generally long-term
parkers when compared to customer parkers who come in for 10-
15 minute periods. Customers would utilize parking in front
of the businesses and employees would use the proposed lot.
(7] Use of alley for access: this access has a problem where
it intersects Sixth Street...the building is built to the edge
of the property line to the sidewalk. When traveling down the
alley to Sixth Street there is no visibility to the left and
a vehicle would have to move out into a lane of traffic before
on coming traffic would be visible. Staff did not want to
propose a parking lot that had access out the south end of the
alley. Staff did suggest making the alley one way ingress or
egress and a one way parking lot would take half of the
traffic off Rainier Avenue.
(8] Effect on residential property values: there was no
documentation offered to support the fear that a parking lot
at the end of the block would adversely affect property values
of the neighborhood. It is possible, however, there are a lot
of other things that would affect property values, such as a
poorly maintained property in the middle of the block. On the
other hand, an attractive, well landscaped, paved parking lot
may not be all that bad.
(9) Should an accessory parking lot be considered a commercial
encroachment into a residential area: the neighborhood feels
it would be. The LPO Zone allows only parking and the parking
is part of the business that is already there. The parking
need has already been generated by the business. Allowing the
LPO Zone and additional parking will provide for the
deficiency of parking that already exists and won't promote
additional businesses. Staff feels the encroachment is not
present and a minor accessory parking lot is not a major
problem.
(10] Are the primarydevelopment pressures on this lot related
to housing or parking? Must the property serve only one or the
other...can it serve both: The property has been zoned
Residential for years. Prior to 1988 when the City adopted
the new Zoning Ordinance the subject property was zoned R-2,
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allowing a density of up to about 70 units per acre. This
site has not been developed and there is very little interest
in residential development but there is considerable interest
in parking, which has been demonstrated over and over and
brought about the City having to enforce parking requirements
over the past few years. the primary interest today is known,
but it is not know if there will be a residential development
interest in the near future.
Staff recommends allowing a small portion of the lot for
accessory parking, a compromise that would provide parking
needed for the businesses and would retain the residential lot
for future development. This would also relieve some of the
vehicles parking on the streets. It was felt if those
vehicles could be placed in small, landscaped parking lots
adjacent to business districts that might not be a bad
transition...business district to the neighborhood. Mr. Hough
referenced Exhibit "B", the modified Mitchell Rezone proposal
that includes: the northern most 9,000 square feet of the
subject parcel will remain current "DR" zoning and the
"Limited Parking Overlay (LPO)" zone would be applied the
souther most 6,000 square feet (lots 14 and 15), allowing for
the development of a small accessory parking lot at that
location. The City's code requires a 5-ft. landscaped strip
between the parking lot and residential lot or a 5-ft. high
fence. The purpose being to screen the lot from adjacent
property, but not properties up the hill or a block away.
Jeff Mitchell, applicant/co-owner, 4755 Erlands Point Road,
stated when the subject property was purchased, about one year
ago, three of the lots were graveled and two were covered with
brush and the entire property was fenced. Also, at the time
of purchase there were unauthorized parking signs posted. He
does have documentation showing parking use on the subject
property for at least 14 years prior to their ownership. The
Planning Commission requested the owners to research some
options, one being that a parking agreement be obtained from
the grocery store across the street along Sixth Street. This
was looked into but the corporation who manages the canned
food store denied the applicant's request. The Planning
Commission also suggested tenants of Olympic Plaza not park in
front of the buildings so that there would be spaces available
for customers. He pointed out that was something that was
being done at the present time. The third option suggested
was to establish a Residential Permit Parking 2-hour limit,
which the Assistant Engineer stated would not be helpful
unless the rezone was approved. The owners of Olympic Plaza
feel it is imperative to have accessory parking to make the
building a viable concern. It is felt that the Planning
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Commission's proposal was acceptable to the owners and he
urged Council to give their approval to that proposal.
Debbie Franklin, co-owner, 15427 llth Avenue SW, Burien, WA.,
handed out photos showing historical use of the subject site.
She also provided a letter from Development Services of
America, property managers for the grocery store on Sixth
Avenue, stating that such a joint use of the parking lot was
not allowable. The land owners believe the accessory parking
will help the viability of the business and they do want to be
a "good" neighbor and not detract from that neighborhood.
After purchase of the property, there was some discussion of
Ms. Franklin moving into the subject area into a duplex, if
built, and considered that a pleasant possibility. In an
effort to work with the residents, they did communicate with
them since the Planning Commission meeting and discussed the
possibility of the neighbors using part of the vacant property
for a garden. The property owners discussed this idea with
their insurance carrier and found if the neighbors organized
into a "Neighborhood Association", they could continue that
use on a lease basis, without putting all the liability on the
property owners. In light of that, they came up with an
alternate plan, Exhibit "C", which is less parking than that
recommended by staff. This proposal would provide 10 spaces
and suggested closing off the alley access and make the lot a
one access only. Recently, it was brought to her attention
there is an issue of parking on streets in other districts and
by permitting the proposed parking, it would be utilizing the
space they currently have. She noted the overflow has not
reach into the neighborhood so it is not determined how much
of a problem it will create since the subject site had been
used for additional parking.
Glen Christofferson, co-owner, 8845 SE 61st Mercer Island, WA
98040, explained FBK Ventures Inc., is an organization made up
of individuals who wanted to invest in a property to learn how
to operate a business/building successfully. It is their
intent to upgrade the building, which in turn would upgrade
the community. The actual building space is 8,275 sq. ft.,
and currently one of their largest spaces is vacant and two
prospective tenants indicated they could not make a decision
unless there was adequate parking spaces for their customers.
Both of those tenants are currently outside the Bremerton area
and they are being encouraged to move into the downtown area.
The owners plan to remodel the facade of the build this year
and are holding off until they are assured they have funding
available for operating losses, which is where they are at the
present time, and the cost of putting in a parking lot. Mr.
Christofferson pointed out the space to the west is currently
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a bank parking lot and it extends farther than their current
building lot and about to where there recommended LPO would
cover two lots.
Currently, Montoney's Auto Electric, the property to the east
of the subject site, opens their facility earlier than Olympic
Plaza tenants and take up on-street parking. This forces
Olympic Plaza tenants to use the front parking lot or to go
farther up on Rainier Avenue, Seventh Avenue and Eight Avenue.
Also, on the east side of Rainier Avenue there is a "no
parking" designation and recently both sides of the street
were painted with fire zones, which also limits the amount of
parking available. If and when the owners are able to develop
the back three lots into residential duplexes, a buffer will
be needed between the commercial building and those duplexes.
It is not economically sound to build a duplex next to a
commercial building. They discussed several ideas about how
they could make the community accept the proposal of a parking
lot, one was the concept of leasing back an area to the
residents for a playground or whatever was needed. After
contacting their insurance agent, they were advised to not
take such action due to the liability issue. But, if the
neighbors formed a Neighborhood Association, they could lease
a site and the liability would be shifted to that group.
In reference to the alley going south onto Sixth Avenue, they
agree that it would be unsafe and if the alley was made one-
way in the northerly direction, it would be forcing traffic up
into the residential neighborhood, which was not their intent.
Therefore, the exit only onto Rainier would seem to fit better
with their intentions and move vehicles quickly away from the
residential area and onto the major arterial streets.
Steven Rice, 2328 7th Street, announced he would be speaking
for 16 of the 18 property owners living on Seventh Street near
the subject site. He requested that the residents in
attendance of this meeting stand up and be recognized. He
stated he and his neighbors are in opposition to this proposal
for the following reasons:
(1) previous statements by Council members during rezone
hearings reflected there is a State mandate that the City
encourage housing density within the City limits. Rezoning an
area that is zoned for multi-family dwellings to accommodate
a parking lot would not comply with the State's mandate.
Also, the Mayor and Council President both stated publicly the
City of Bremerton should be prepared to absorb 24,000
additional people within the next 20 years. Mr. Rice pointed
out this objective would become more difficult if potential
residential properties are turned into parking lots.
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Page 26 of 32
(2) People living on Seventh Street do view the area proposed
for the parking lot (photos were provided).
(3) Residents are concerned about increased traffic and
decreased property values. Mr. Rice noted during the seven
years he has resided in that neighborhood he has seen
decreasing property values the first five years and the last
two have shown an increase. He believes the reason for this
increase is due to a strong and contiguous neighborhood.
(4) The residential area is a "fragile" neighborhood and does
not have a City park anywhere nearby, with the exception of
one public school.
(5) Concerned that proposed parking lot will lead to erosion
of the boundary of the residential neighborhood.
(6) On the issue of adequate parking to make a business
viable...Olympic Plaza was obviously over built and
constructed at a time when there was no parking requirements.
Tenants having to seek additional parking is not a concern of
the residents.
(7) Residents are concerned that a parking lot deemed as
accessory to the building would be utilized as a commercial
lot.
Mr. Rice stated the Planning Commission's deadlock on both
issues was because there was exhibited object of principal by
three of the Planning Commissioner members. We are not talking
about just a microscope on this little section of Bremerton,
but Bremerton as a whole and what happens to strong
residential neighborhoods, fragile around the edges, when
these individual decisions are being made. As documented
along the commercial corridor of 6th Street in real life, that
shows it does not work. He was proud of that matter of
principal and felt it was that principal that the neighbors
are most concerned about - that Bremerton's residential
districts be maintained. Mr. Rice and his neighbors do not
wish to see any encroachment of commercial parking in their
residential zone.
Beverly Short, 2334 Seventh Street, stated her objection to
the proposal. She lives on a corner lot and has worked hard
to beautify her property as have other on that block. She
believes if a parking lot was allowed at the end of 7th Street
it would make it more difficult to maintain their neighborhood
and provide a safe place for their children ( 8 children in
one block area).
TAPE #1029
City Council Reg. Mtg. Minutes
June 3, 1992
Page 27 of 32
Mr. Christofferson emphasized the owners of Olympic Plaza
would not allow a tavern use in the building and there is no
"paid" parking in the back of the building and such parking is
for building tenants only. The property owners personally cut
down the brush, moved lawns and weeded the vacant lots and at
that time decided to grade and gravel the area rather than use
pesticides to keep the weeds down. In reference to property
values, it is their hope that such values will be going up and
by cleaning up their area and improving the building facade,
they feel they have contributed to the betterment of the
neighborhood.
Gil Johnson, Deputy City Clerk, read letters of support from
the following individuals: Eric W. Hunter, Accord Mortgage
Services, Inc., 2502 6th Street; ten business owners and
employees of the Olympic Plaza building, 2500 Sixth Street;
Robert Montoney, 2332 6th Street, Montoney's Auto Electric.
And, a letter from Marion Bosshart, Property Facilitator for
Development Services of America, 4025 Delridge Way SW, Suite
100, Seattle, WA 98106 (denial of request for use of parking
spaces at Canned Foods Store).
Mr. Johnson read the following letter opposing the proposal:
Rita DuBord and Janet Woolley, 2321 8th Street. Their
concern had to do with impact of traffic into neighborhood .
Mr. Waibel reflected on when the Zoning Ordinance was passed
he did not think the LPO was ever intended to fezone one or
two lots. This process was tried once before and staff was
told that was not the intent of the LPO. Again, at this time,
two lots are being proposed to be rezoned with an overlay.
There are very few areas considered applicable for the LPO's
and were residential areas that had problems with commuter and
overflow parking that could develop some type of parking to
elevate parking needs...not rezoning a specific lot or two.
He believed the proponents and opponents have clarified the
issue very well...we are on a border between a commercial area
and a residential area. Border are always areas where it is
difficult to make choices as to which way to go. Historically,
TAPE #1030 this City never required sufficient parking for the uses that
were allowed. This Council and the new Zoning Ordinance
stated that is not right and we want to make sure sufficient
parking is required for the uses granted. The proposed
request would correct problems in an area that was allowed to
develop far beyond its parking requirement. He would rather
see the question be do we want to make lots 14 and 15 or lot
15 Commercial in order to allow sufficient accessory
Commercial parking for Olympic Plaza, or do we want to keep it
residential. He questioned if a line were drawn straight
TAPE #1029
City Council Reg. Mtg. Minutes
June 3, 1992
Page 28 of 32
across the Commercial area that is on Montgomery Street would
it be to the north of lots 14 and 157 Mr. Hough stated it
appears it would line up close to the top line of the two
lots. Mr. Waibel felt it would be appropriate to identify a
specific Commercial area and not go beyond that point so that
the residents in the neighborhood would know there would not
be any further encroachment into their neighborhood. He
emphasized if a LPO was used, it would allow Commercial paid
parking in a residential area and would not stop the owners
from using that area as "paid" parking. Mr. Hough stated
there is a code requirement that someone cannot lease out or
rent out any parking spaces that are part of their requirement
for parking. Olympic Plaza is deficient 11 spaces and even
with 10 additional spaces they would still be deficient. Mr.
Waibel stated they would not have to correct that deficiency
since they are grandfathered in. Mr. Houuh stated the owners
want to correct the deficiency. Mr. Waibel stressed if the
area is allowed to develop it as a commercial addition to the
current use they are then required to have 11 additional
parking spaces. But, if a parking lot is allowed through a
LPO, it is not necessarily associated with the other
Commercial use and they can do anything they want with it.
Mr. Hough explained this request was associated with the
existing commercial use, and any parking configuration would
be specified as a condition for approval.
Mr. Overson stated he did not believe the City could enforce
unauthorized parking because it was currently going on in many
areas. He agreed with Mr. Waibel about not using the LPO
application on the proposed site, however, he does agree with
the LPO process because it works in his neighborhood. The
values behind the LPO is getting overflow of vehicles off the
street, an upgrade view area and there will be a more
successful business that will add to the economy. He
supported giving some relief to a "fragile" business.
#0265
M/S/C/U(Overson/Fitz) to approve the LPO on lots 14 and 15 as
shown on Exhibit "C", and such parking would only be used as
accessory parking for Olympic Plaza businesses.
Mr. Collins supported Mr. Waibel's position that lots 14 and
15 should be rezoned Commercial. Even if two duplexes were
built on the five lots, it would require a parking area about
the size of what is being requested for accessory parking for
Olympic Plaza. If a condition is added that states: "any
parking would have to be associated with the Commercial
property", that would be giving the citizens a much better
hammer on what is going on than if a LPO is given. He stated
TAPE #1039
City Council Reg. Mtg. Minutes
June 3, 1992
Page 29 of 32
for clarification that under the motion the parking
requirement for Olympic Plaza is 11 additional parking spaces
and if theorized he owned the building, he would consider
putting the "front" of the building facing out onto the
proposed parking area.
Mr. Johnson stated he had always worked to preserve
residential neighborhoods, however, to deny this request would
force vehicle parking in neighborhood streets and to approve,
if done correctly, could remove those vehicles. He did not
support rezoning lots 14 and 15 Commercial because then a
tavern use could be developed.
Mr. Colvin stated in consideration of the neighborhood there
should be some provisions for screening. He questioned, under
the motion, if there is no provision for using that lot as a
commercial lot. Ian 8ievers stated that was not part of the
motion. Mr. Colvin supported tieing the parking only to the
existing Commercial building as accessory parking. Mr.
Overson stated "parking is parking". President Hotton stated
there is a difference between long-termparking and short-term
parking. There are differences in traffic patterns emerge
from short-term parking versus long-term parking. A short-
term lot is far more impacting to a neighborhood than long-
term parking.
Mrs. Fits stated this area is in her district and was an area
she would like to live in some day. She also understands the
needs of the businesses in Bremerton to be successful for the
property values of the home owners to continue to rise.
Without viable businesses, the City will not survive and
property values will decrease. She felt the owners of the
subject property tried to work with the neighborhood and were
willing to compromise for enough spaces to accommodate the
people who own the businesses in the complex. In the long-
term, she felt screening of the parking lot with trees would
enhance the neighborhood. She understands the concerns of the
neighborhood but there also has to be concern for businesses
who will make this City viable also. She supported having 10
parking spaces in lots 14 and 15.
President Hotton questioned if the motion passed as stated,
would the parking lot be tied only to the commercial uses
within Olympic Plaza or could those parking spaces be leased
out for commercial parking? Mr. Hough stated as the
recommendation is worded it would be open. If Council desires
to tie the parking to the commercial building, it would be
easy to do, such as Condition No. i under the Planning
Commissions recommendation...designating parking would only be
TAPE #1039
City Council Reg. Mtg. Minutes
June 3, 1992
Page 30 of 32
used as accessory parking for Olympic Plaza. Mr. Overson and
Mrs. Fits agreed to add that condition to the motion as stated
above.
Mr. Colvin questioned if lots 14 and 15 could be sold
separately if the proposed motion was approved? Ian Sievers,
City Attorney, stated it could be sold separately but the use
would be tied as accessory parking to the commercial building
only. He agreed with Councilman Waibel that it needed to be
attached as a condition simply because requests that are
applied for this way need to make it a condition because it
was developed as a non-conforming use and you wouldn't lose
that right by simply acquiring or owning property next to it.
It could be sold and developed residentially. The question is
whether the owner would be surrendering some of those non-
conforming rights not to have adequate on-site parking through
this application and then that owner would not be allowed to
create a more intense type of use by selling off the parking.
Mr. Colvin stated he believed current parking for Olympic
Plaza was adequate at the time it was built, therefore, it is
adequate today. Mr. Waibel emphasized the motion as worded
would not force the property owners to conformto current code
standards. President Hotton pointed out because of the LPO,
if the building portion was sold separate from the parking
lot, the parking lot would only be allowed to be used as
parking for that building. Mr. Collins stated the parking lot
could be sold separately and that would leave a non-conforming
building. Mrs. Sievers stated that is the present situation
and if approved the condition on lots 14 and 15 would be that
it be used as accessory parking for the commercial building.
Mr. Waibel stated this is a compromise proposal that will
accomplish everything Council was asking for. He will support
the motion with the additional condition but he still felt
this was an improve use of the LPO and was really correcting
the commercial under-parking condition on this lot
permanently. He hoped Council would look at more permanent
solutions for parking concerns in the future.
Vote on motion: unanimous.
6C - AMENDMENT TO THE LABOR AGREEMENT BY AND BETWEEN THE CITY
OF BREMERTONAND TEAMSTERS' LOCAL 589, #AB92-141
A new classification titled Legal Technician III has been
added to the classification plan through the Personnel
Department. The City and Union have met and agreed upon the
wage grade placement for this position as set forth in the
Amendment.
TAPE #1039
City Council Reg. Mtg. Minutes
June 3, 1992
Page 31 of 32
Ian 8ievers, City Attorney, stated Council had previously
approved an organizational change in the Municipal Court
approving this position. The Personnel Director and Union
bargained that the duties included under this job title
deserve a Wage Grade-9 and Council is requested to approve the
amendment to the Teamsters Bargaining Unit to include that
position and Wage Grade.
Public comment - None.
#0815
M/S/C(Collins/Colvin) amend the Labor Agreement between the
City of Bremerton and Teamsters Local 589 to add a new
classification to the wage grades contained in Appendix A as
set forth in the Amendment to the Agreement.
Vote on motion:
In Favor: Overson, Neville, Fitz, Horton,
Collins, Colvin
Abstain: Waibel, Johnson
7A - ORDINANCE (FIRST READING) ADOPTING RCW 46.61.517, #AB92-
142.
RCW 46.61,517 addresses an evidentiary issue, whereby the
legislature has permitted a person's refusal to submit to a
breath or blood alcohol test to be used as evidence in a
subsequent DrivingWhile Intoxicated trial. The Model Traffic
Ordinance, which is adopted by the City pursuant to BMC
10.04.01, does not adopt RCW 46.61,517, therefore preventing
the City from using a person's refusal as substantive evidence
in a DWI trial, thus hindering effective prosecution.
The proposed ordinance specifically adopts RCW 46.61,517 as
part of the City's traffic ordinance.
Ian Sievers, City Attorney, stated the City wants to have
every advantage it can get in DWI trials. The real reason
this is coming before Council at this time, is the City
received notice from Municipal Research that some litigation
in the courts were challenging positive breathalyzer results
because the warning that tells the person that this could be
used against him in a trial, which the City's officers give,
the whole warning may have been defective if in fact that
information cannot be used in a trial thereby throwing out the
test results. There is already one defense motion in Court
and the City prevailed on that motion but did not want to see
any more or have that one taken up on appeal. The State
adopted this admissability procedural rule but did not
include it in the State Model Traffic Ordinance, which would
have automatically placed it in the B.M.C., so it must be
adopted separately.
#0907
TAPE #1039
City Council Reg. Mtg. Minutes
June 3, 1992
Page 32 of 32
Public comment - none.
M/S/C/U(Waibel/Colvin) to approve Ordinance, first reading,
adopting BMC 10.04,032which allows the fact of a person's
refusal to submit to an alcohol test as evidence in a
subsequent DWI trial and adopting a new section to Chapter
10.04 of the Bremerton Municipal Code.
With no further business meeting adjourned at 9:26 p.m.
LY~~HO ~' ~
RTON, Council President
City of Bremerton
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