HomeMy WebLinkAbout04/29/92TAPE #1018
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
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APRIL 29, 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, April 29,
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 Kathleen L. McCluskey, City
Clerk.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Reverend
Gordon Hanstad of the Sylvan Way Baptist Church.
President Hotton announced Item 6C had been pulled off the
Agenda for one week and Item 7A was pulled indefinitely.
CONSENT AGENDA
A. Minutes Of Meeting - April 8, 1992
#AB92-114
M/S/C/U(Waibel/Colvin) 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 April 29, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 148398, 148399, 148401, 148589 through
148733 in the total amount of $713,250.80; and Retirees
Payroll for the period endingApril 30, 1992, in the amount of
$89,690.14
COUNCIL MEMBER REPORTS
Mr. Neville reported he had been meeting with staff members
and appreciated their helpfulness.
Mrs. Fitz thanked the Street Department personnel for their
assistance to the citizens of Bremerton during the Spring
Clean Up week. She and her daughter took advantage of the
opportunity to dispose of yard waste and the City employee's
assistance was greatly appreciated.
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Mr. Colvin reported this past weekend he participated in
Christmas In April program at the home of Mrs. Millie
Williams. He invited Mrs. Williams to speak to Council about
what happened at her home. Millie Williams stated she is one
of six participants in the Christmas In April USA Program for
1992. She expressed her thanks to Mayor Mentor, Vance Lobe,
Joe Gates, and local civic and social organizations in
Bremerton and Kitsap County for their contributions of time,
materials and talents to rehabilitate her home. Clean up
efforts at her home included landscaping as well. She stated
she is the proudest senior citizen on her block. Richard
Martin stated he was a volunteer from Bremerton Central Lions
Club and worked on rehabilitating Millie's yard, including
repairing the back fence. He believes Christmas In April is
one of the finest things that has occurred in this City. He
participated in the program in 1991, and hoped the City,
collectively, gets behind this kind of program and keeps it on
going.
Mr. Johnson stated Fiscal and Budget Committee is looking at
ways to work with staff and the Mayor to help come up with
"what are we going to do with the budget". He believed the
administration would be coming up with a proposal soon. The
Committee is looking at what kind of process Council can use
to examine the Administration's budgetary proposal. Today he
learned some things concerning low income housing that
troubled him and he felt Council needed to make sure that
Housing Authority and some other folks really understand what
the Bremerton Housing Code means and how we can provide good
quality, affordable housing for everyone without causing more
project like facilities.
Mr. Dawkins reported this past weekend he participated in a
bowling tournament in Snohomish County and at that time he had
the opportunity to learn of some their growth problems.
Currently, they are shipping their garbage out of the local
area and recently concluded a four month battle with a small
city on the outskirts to put in a larger trash compactor.
Residents of that small city were concerned about increased
truck traffic, etc.
Mrs. Hotton reported over the weekend she attended the Kitsap
Community Action Program's annual Volunteer Banquet, which was
well attended. She extended congratulations to all the award
recipients. On Monday evening she and Mayor Mentor attended
the Kitsap Regional Planning Council's study session on
growth policies. This has been the second meeting on that
issue and it is hoped some good working policies on "growth"
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can be developed. She noted the four Puget Sound counties are
also dealing with Growth Management issues.
PUBLIC RECOGNITION
Mayor Louis Mentor read the following Proclamation:
1. Public Service Recognition Week - May 4 - 10, 1992.
Mayor Mentor reported on the following events: KCAP Awards Banquet
Christmas In April - April 25
Loyalty Day Parade - Port Orchard April 25
E1 Conidia Fiesta -April 25
East Bremerton Rotary Charity Dance - April 25
Success of Clean Up Week efforts by Street Department
Personnel and Brem-Air Disposal Inc.
Funeral for Paul Powers, former Mayor of Port Orchard
On May 2, Mayor will attend the Miss Maria Clara Coronation
Mr. Johnson, Chairman Of Bremerton Solid Waste Advisory
Committee, explained the City had worked closely with Kitsap
County Solid Waste Advisory Committee and Kitsap County Public
Works Department in their programs for recycling and waste
reduction, etc. They have come up with new promotional
materials, which were passed out at the Earth Day Fair on
April 25-26 at the Sheridan Park facility. He presented each
City Council member a cloth tote bag and a beverage cup.
Printed on each tote bag are 10 rules for waste reduction.
Harry Dunlap, Lower Marine Drive, stated he had follow the
progress so far on the Marine Drive/Kitsap Way intersection
improvement and at this point felt Mr. Arnold "took the City
to the cleaners" with his giving the City 10 feet of property
and his receiving 100 ft. He felt the businesses near the
intersection were being adversely impacted with what is being
proposed as improvements to that intersection. He did not
want to lose the "free" right turn off of Kitsap Way to Marine
Drive. He felt a 4-way left turn way signal was a colossal
waste of money. He questioned who was in charge of this
project and was the City Council aware of what is being
proposed for that intersection? Mayor Mentor assured everyone
that there will be a "free" right turn going down Marine
Drive. And, there will be more safe parking made available
for the businesses located on the west corner of that
intersection.
6A - LEASE AGREEMENT BETWEEN CITY OF BREMERTON AND WESTERN
TELEPAGE, INC., #AB92-115
The existing lease agreement between the City of Bremerton
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Department of Municipal Utilities and Western Telepage, Inc.
for the operation of a telecommunications system expired on
January 31, 1990. Attached for City Council's consideration
is a proposed agreement between the City of Bremerton and
Western Telepage, Inc. to allow Western Telepage, Inc. to
continue to operate telecommunications equipment at Site #2
located at 3027 Olympus Drive, Bremerton, for ten (10) years
and to establish a monthly site rental fee of $325.00 during
the first year of the lease.
Bill Dully, Utilities Director, explained this lease is for a
small paging antenna that will reside on the tower located at
Olympus Drive.
Mr. Waibel noted the City Attorney did not approve the
contract "as to form" and the agreement was lacking a non-
discrimination clause. Mr. Sievers stated the non-
discrimination clause would be added by addendum.
Mr. Johnson questioned how many antennas were on that
particular tower? Mr. Duffy stated five antennas, two are
privately owned and three are part of the City's communication
network.
Mr. Overson questioned if a value analysis had been done to
determined if the charge is adequate for service provided?
Mr. Duffy stated yes, he is using the same rate schedule as
the Department Of Natural Resources, who operate similar
towers. And, future increases of the rental fee will be based
on the current C.P.I.
Mr. Colllns questioned since the antenna is on City property,
is the General Fund receiving the rental fees? Mr. Duffy
stated the Utility receives the rental fees. Mr. Sievers
stated the tower is located on property purchased by Utility
invested dollars, therefore it is appropriate that they
receive any return for use of that property. Mr. Duffy stated
for clarification the Utility purchased and erected the tower.
The General Fund does receive B&O Taxes and Leasehold Taxes
from this service.
Public comment - none.
M/S/C/U(Johnson/Colvin) to approve the attached lease
agreement between the City of Bremerton and Western Telepage,
Inc. and authorize the Mayor to execute said agreement subject
to City Administrative Policies and Procedures, including a
non-discrimination amendment.
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6B - AMENDMENT NO. 4, CONTRACT #2921/PROFESSIONAL SERVICES
CONTRACT BETWEEN CITY OF BREMERTON AND CH2M HILL, #AB9~-116
The Utility, in response to the Washington State Environmental
Policy Act (W.A.C. 197-11) and the requirements of the City of
Bremerton Department of Community Development, has a
requirement for continuing professional services for the
development of a programmatic environmental impact statement
in support of its wastewater comprehensive plan.
Attached for City Council's consideration is Amendment No. 4
to Contract #2921, professional services agreement between the
City of Bremerton and CH2m HILL Northwest, Inc. for the
development of the Utility Wastewater Comprehensive Plan.
Services included are the development of alternatives;
preparation, publication and circulation of Scoping Notice;
preparation of draft and final environmental impact statements
and participation in public hearings.
The cost for services not including additional studies on data
gathering is estimated not to exceed $64,000.
Bill Duffy, Utilities Director, stated the Utility, in
response to numerous regulations and requirements between the
State, Federal Government and Growth Management Act, has over
the last year been developing a Wastewater Comprehensive Plan.
That plan has been completed to the point of a "final draft"
and the next part of the process is to go through the SEPA
requirements. In discussions with the Department Of Community
Development, they determined the Utility needs to do a
programatic Environmental Impact Statement (EIS) on the plan,
which will allow public comment and review all considerations
with regard to that plan.
Mr. Neville questioned how many public meetings will be held
on this issue and when? Mr. DuffV explained the public
hearings will be determined by the review agency, the City of
Bremerton, who will handle the environmental process. He
believed there would be at least two such public hearings.
Mr. Waibel stated he is assuming the Fiscal and Budget
Committee reviewed the sum total of this project considering
the fact that the agreement had been amended by previous
actions. Mr. Johnson stated that was the first question the
City asked staff when they presented the proposal.
Public comment - none.
Mr. Johnson stated a question that did come up at Fiscal and
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Budget Committee meeting was why it is the City is spending
all this money to do an EIS on a plan. The point is when a
Comprehensive Plan is developed and a good job is done, at
that point separate portions of the study can be used on the
project. This has proven to be a cost effective way of doing
business.
M/S/C/U(Johnson/Dawkins) to approve Amendment No. 4 to
Contract #2921, professional services agreement between the
City of Bremerton and CH2M HILL Northwest, Inc. for the
development of the Utility Wastewater Comprehensive Plan and
authorize the Mayor to execute saidAmendment, subject to City
Administrative Policies and Procedures.
8A - PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL
OF A SPECIAL USE PERMIT FOR A GROUP RESIDENTIAL FACILITY CLASS
I (SMALL); APPELLANT: KARL KEIL REPRESENTING ALBERT KEIL;
LOCATION: 2820 HALVERSON AVENUE, #AB92-119
On February 18, 1992, the Planning Commission approved a
Special Use Permit to allow a Group Facility-Class I (small)
within the home of Joanne C. Richmire which would provide
adult family home care for adults.
The special Use Permit is being appealed on the grounds that
the facility does not meet the Uniform Building Code
requirements if more than five residents are housed. Also,
the permitted allowable number of residents should be
established.
The City Council, when hearing an appeal, shall either: 1)
Affirm the decision under review; 2) Reverse the decision
under review; 3) Modify in whole or part the decision under
review; or 4) Remand the matter back to the approving
authority for further consideration.
Such action shall be decided by a majority vote of the members
present. That vote may be taken at the same or any subsequent
meeting.
President Horton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Jack A11ingham, Current Planning, provide a view graph showing
the location of the site: on Halverson Avenue, one lot to the
south of the intersection at East 30th Street. The 0.24 acre
parcel slopes steeply upward from its frontage on Halverson,
to the single family (five bedroom) home. The backyard slopes
gradually upward to the adjacent alley on the rear of the
property. The facility is in a primarily single family
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residential neighborhood surrounded by single family
residences. To the east it abuts an alley and that alley
services the site with Paratransit services.
The zoning of the site is SF-3 and surrounded by single family
zoning. The Richmire's house is essentially a 5-bedroom
dwelling. The group residential facility is defined by the
Zoning Ordinance as a facility that provides care for people,
who for various reasons, cannot reside in their natural home
and for persons who have severe chronic disability and
physical handicaps that cause substantial functional
limitations. This Special Use Permit Class I - Small is
defined as "6 or fewer people". Therefore, by definition
there is a limit on the number of people who can reside in
this group residential facility.
The Planning- Commission reviewed the Special Use Permit
criteria and essentially found it met all the criteria for
granting a Special Use Permit, that it is consistent with the
Comprehensive Plan designation (Residential), that there is a
public need for this type of facility, there are adequate
services available to service the facility and that the use
bears a substantial relationship to the public welfare. The
Planning Commission did place three conditions on the
application itself:
(1) That any improvements required by the Uniform Building
Code be made, subject to the approval of the City's Building
Official.
(2) That the owner shall pay any facility fees associated with
the conversion of domestic utility services to commercial
utility services, as required by the City Utilities
Department.
(Note: The City's Utility Department is not requiring any
conversion from domestic to commercial facilities .)
(3) Parking shall be provided on site for three vehicles so
that they will not infringe on alley traffic and be approved
by the Planning Manager.
Mr. Allingham noted essentially the appellant is appealing the
decision on non-compliance with the Uniform Building Code
requirements and that a maximum of occupants should be set on
the facility. He reminded Council that by definition the
facility is limited to six people and the Planning Commission
placed a condition that it comply with the Uniform Building
Code.
President Hotton questioned since one of the reasons for
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appealing this has to do with not meeting the UniformBuilding
Code, what kind of quasi- judicial review does Council have
over that portion of the appeal. Ian 8ievers, City Attorney,
stated when those Building Code requirements are imposed,
which is quite independent of the land use decision by
Council, there is a separate administrative appeal processes -
BuildingAppeals Board. President Horton stated then Council
was not the appropriate body for reviewing whether or not the
proposal conformed to the Building Code. Mr. Sievers stated
that was correct. He did not know what those Building Code
requirements would be and he was sure the Planning Commission
was also not aware of what they were, but they wanted to put
the owner on notice that they had to comply with that other
regulation.
Mrs. Carmen Keil, 2820 Halverson (appellant), requested that
her testimony be entered into the record as follows:
"One thing we all probably agree on in this room is the
desirability of care of the elderly in a home-like setting
whenever possible and practical, as compared to institutional
care.
I am speaking of the observations, concerns and convictions of
both my husband Albert Keil and myself, after studying the
minutes of the Planning Commission of February 18. I will
attempt to stick to my script - verbatim - as I'd like my
remarks to go into the minutes and be of record.
At the regular Planning Commission meeting, February 18, it
was approved that the Richmires of 2830 Halverson be granted
a Special Use Permit to continue using their residence as an
adult care home. This home has actually been used for this
purpose for 5 1/2 years, without benefit of City license
approval, payment of Business and Occ. Taxes, or even
knowledge and approval of the City.
At this meeting there were 7 letters read from neighbors
opposed to this action and 5 neighbors spoke against. Vice
Chairman Norton called for speakers in favor of this
application. There were none except Mrs. Richmire, who was
given a second chance to make a statement.
To start, this Special Use Permit is being appealed on the
grounds that the facility does not meet the U.B.C.
requirements and also to establish the number of residents to
be housed. This is all well and good, but who will inspect,
police and enforce these requirements? The Richmires are
licensed by the State and at the time of applying for a State
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license, I am told, an applicant must answer in the
affirmative to questions regarding compliance with local, or
City laws. These issues will be further addressed.
Let me stress again, we have nothing against adult care
centers, but what we are looking at here next door to us, is
a poorly designed, potentially dangerous situation. There are
pictures in the Richmire file in the Planning Office, which
were taken by my son, and you should have at your disposal,
showing a car parked in a carport blocking the rear exist from
home, (which incidently is reached by going through one of the
bedrooms) other debris and a woodpile make for a treacherous
exit for any handicapped person. These pictures also
illustrate the slope of the driveway and the uneven, gravelly
surface of alley. The 3rd parking place described by
Richmires in their "not to scale" sketch of their floor plan
and lot is pictured here with my son's car in it - and this is
where people who help the Richmires or guests have been
parking for 5 1/2 years. This picture also shows conditions
of existing alley. This "parking place" has been eliminated
by placing a "no parking" sign in the lawn area.
Talking with Shane Jensen of Planning Department, I was told
a 3rd parking place could be considered as such by Commission
as in back of second car in one single lane driveway. Now,
what we have is a reallv dangerous scenario compounded by an
additional barrier. In the event of an emergency, a minimum
of 2 cars would have to be moved in order for fire or
emergency personnel to rescue or remove any patients. The
additional time needed to clear a path could result in
precious moments lost in an emergency.
Presently, Kitsap Transit picks up and returns patients from
Richmires by stopping at the top of their driveway in the
alley. The condition of the alley has been established as
being uneven, broken by pot holes, with loose gravel covering
surface. Let me read from Kay wilson's staff report (note:
which she did.)
We are not stressing the inconvenience of a paratransit bus
temporarily blocking the alley. Our concern is being an
elderly patient being helped up a steep driveway to board a
bus parked on an poorly maintained alley, and then worse, the
same elderly lady being returned to the residence, stepping
out on loose gravel and being helped down the steep driveway.
I inquired of the Paratransit supervisor whether or not the
Bus Company was responsible for injuries sustained by a
passenger who fell while being helped. I was told they are
not! City engineer Jan Stemkoski was asked if the City was
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liable. After conferring with a City Attorney, he said he
could not accurately state who the responsible party would be.
Somebody has to be responsible! It will either be the City of
Bremerton for allowing bus to use alley, Kitsap Transit for
not insuring safety of their passengers or Richmires for
subjecting patients to such dangerous conditions. Somebody is
responsible.
One of the conditions of the Planning Commission's approval of
this Special Use Permit was clarification of 3rd space for
parking. They have solved this by parking the 3rd car behind
the other 2 in the single lane driveway. Some rethinking
needs to be done there.
Another condition of converting domestic utility services to
commercial was judged unnecessary by City Utilities Dept., in
a staff letter from Greg Berthoff. Let me read you something
interesting from that letter (note: which she did).
Five patients is the limit under UBC for a "small" division 3
group care facility and requirements are far less stringent
than for homes housing 6 or more. But now we have Mrs. R.
quoting "5 to 8". The State licensed her for 6, and the City
says 5. Somewhat of a discrepancy. And, who is responsible
here for maintaining a periodic check? It seems the City or
Planning Department are the last to know and relying on
neighbors to question these operations. Surely is not the
best way.
The last condition for Planning Commission approval was that
any improvements required by U.B.C. be made on the "agenda
bill" furnished to you by Planning Department. Recommending
you affirmthe Planning Commission's decision to grant Special
Use Permit, paragraph 8 - in paragraph 7 - next page - their
"research sources" list "Planning Department file and
Bremerton Zoning Ordinance". I would like to suggest a 3rd
source should be a copy of the U.B.C. I did some research in
U.B.C. in library - not as much as I would have liked, but the
requirements for group 4 group health care facility
(ambulatory, non-restrained, having metal or physical
impairments, housing ~ or more are far, far more stringent -
another reason for establishing number of patients and
maintaining periodic checks.
Ladies and gentlemen, what is at stake here is the safety and
heath of our elderly. I have tried to rely on statements of
Planning Department, which have been conflicting,
contradictory, confusing, I've asked for help from Engineering
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department and they can't quote the law. You as officials of
Bremerton City Council are the last hope of the elderly for
enforcing safety and health regulations. These people deserve
this much!
Bremerton has been voted one of the most liveable cities and
you folks have been contributors of your time, talent to make
this happen. Now comes a case where someone has to say "NO".
Joanne Richmire, applicant, explained there was a typo on the
Utilities' letter and the number of patients referenced should
be 5-6. She emphasized they are up to Code, Fire Code,
State's code and as far as she knows they have already met the
City's building code.
Mrs. Fitz noted in Mrs. Richmire's testimony before the
Planning Commission she stated they are required by the State
to have an annual inspection by the Fire Department and are
exempt from acquiring a City business license. She questioned
if the part about the business license was correct? Mr.
A11in~hamstated Mrs. Richmire did make that statement, but he
did not know that they are exempted from the business license
requirement. It was his understanding of the W.A.C. that they
needed to abide by all local regulations.
Mr. Colvin questioned if this could be construed as a
business? Ian Sievers, City Attorney, stated yes, he had
reviewed the City's business license regulations and this
falls into the category of a business, which is subject to
tax, not of rental of residential property which is exempt
from business tax. It falls under the City's rules definition
of "nursing home" even though the State has a less stringent
sub-permit than nursing homes for adult day care. Mr. Colvin
questioned if it was an allowable business in a residential
neighborhood? Mr. Sievers yes, it is a type of residential
facility that is allowed in this neighborhood under a Special
Use Permit. Mr. Colvlnquestioned would the Health Department
determine how many bathroom facilities are required for 5
senior citizens? Mr. Rilingham explained the Building Code
would determine the amount of necessary sanitary facilities
for this facility. Mr. Colvlnquestioned how many were there?
Mr. A11inghamstated the UniformBuilding Code designates this
as an R-3, because there are five or fewer bedrooms and would
consider it a single family residence requiring facilities for
eating, sleeping and one bathroom. President Hotton pointed
out this is a zoning issue - Council is not the appropriate
body to talk about Building Code issues. Mr. Colvin stated he
wanted to know how many bathrooms were in the facility for his
personal knowledge.
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Mr. Johnson stated he did not think he wanted to give someone
a Special Use Permit who had already gone 5 1/2 years without
one. He questioned why some penalizing action had not been
taken? Don Pratt, Director Of Community Development, stated
one of the characteristics of this facility is the outward
appearance of what is happening there is no different than any
other residents on that street. There is a Code enforcement
program, which is actively involved in obvious larger issues,
and this is not something they go looking for even if they
find it. They rely on neighbors keeping an eye on neighbors
and filing complaints - that is how this was picked up. He
felt it was relatively easy to escape being noticed, if it is
a benign activity. Now that the City is aware of the
activity, the applicant is before Council due to an
enforcement action. Furthermore, he is not through with
enforcement. He does not cite people the first day a violation
is found, rather they are requested to go through the
compliance process, which they did. As yet, he had not
completed the Building Code review process due to the fact he
is not sure it is a legal land use; and the applicant had not
completed the business license application process yet because
they do not know whether they'll be allowed to stay there. An
inspection will be done to review their sanitary facilities,
access, etc., and that was why he was insistent on focusing on
whether or not the land use will be permitted. If approval is
given, he will go to the next stage to determine if it is an
adequate facility and on to the next stage of licensing it as
a business. Mr. ~ohnson questioned if the Fire Department
requests to see a City's business license at the time they are
doing the fire inspection? Mr. Pratt stated no.
Mr. Dawkins questioned what happens when the State looks at
this do they have any criteria to evaluate the situation? Mr.
Pratt explained the State has a relatively severe criteria
that must be met, which the Richmires have met over the past
years. When Mrs. Richmire met the State criteria, she assumed
she had met the City's criteria. It has only been in the last
few years that there has been active discussion between the
State Health Department and the Planning community trying to
combine and making it easier to permit one facility under both
entities. Mr. Dawkinsquestioned how many such facilities are
licensed in the City? Mr. Pratt stated he has an idea how
many have been permitted. This type of facility for elder
care is being promoted strongly as a reasonable and economical
alternative to institutionalization, and the City's Zoning
Code promotes it.
Mr. Overson questioned if operation of the facility had been
discontinued until it is legal, under City terms? Mr. Pratt
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stated no, unless there is an extreme circumstance he does not
require activities be discontinued while resolution is worked
through. In this case, he did not know that it was a
conscious decision but in retrospect the disruption of the
program and the people involved would consider it to be
extreme given the impacts in the community. The neighbors had
not asked that people be removed from the home until this
issue is resolved.
President Hotton questioned if there was anything from a land
use point of view that needs to address a penalty? Mr.
Sievers stated within the Zoning Code it is a discretionary
call of the Planning Director and if there is some legal
problem in enforcement then they would enter into it.
President Horton stated for clarification, then Council should
be addressing this only as a land use issue and not take into
consideration any penalties. Mr. Slevers stated that was
correct. President Hotton questioned if the "parking" issue
would be addressed by the Fire Department? Mr. Sievers
stated that is mixed, fire lanes are needed under the Fire
Code but on-site parking would be a land use issue. Most of
the items the appellant brought up seemed to focus on the
Building Code or directed toward safety of the occupants or
visitors to the structure rather than impacts on surrounding
properties and the incompatibility with surrounding uses. The
appellant needs to address what certificate of occupancy was
issued and whether it was accurately issued. Parking is a
mixed problem.
Mr. Waibel stated he felt the only relevant issue was setting
the class of licensing.
Mr. Colvin questioned since parking is an issue, is parking
adequate for that use? Mr. A11ingham stated the Planning
Commission conditioned the Special Use Permit to provide three
parking spaces. There is room on the property to supply those
three spaces.
Mr. Johnson questioned if there was any way to get the alley
improved so that buses could use it more safely? Mr.
Alllngham stated the alley is in poor shape, a mix of asphalt
and gravel. Mr. Johnson stated if we are accepting it as part
of their "site" plan we're suppose to be looking at transit
accessibility in semi-multi family situations. He questioned
if Council could place a condition addressing that concern?
Mr. A11ingham stated yes, if Council finds this facility is
impacting the street system and places a condition that the
applicant put forward its fair share of improving the
condition of the alley. Mr. Waibel questioned if he was
correct in understanding the alley had been vacated and one of
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the conditions of the vacation was that property owners
maintain it? President Hotton stated it appears that was an
issue for the Administration to address. Mr. Waibel questioned
how do we enforce those agreements where the City vacated a
street with the condition that it be maintained by the
property owners? Mr. Slevers stated the City can insist that
the property owners improve it, similar to putting in
sidewalks in a subdivision, which the City is now suing a
developer for failing to comply. President Hotton pointed out
it would involve the whole block of property owners. Mr.
Waibel questioned are we talking about enforcing an L.I.D.,
and force collection/liens against a property? Mr. Sievers
stated it would be handled similar to a situation where a plat
is approved and homeowners association is responsible for
maintenance, but if they failed to do so then the City could
go in and enforce that condition. Mr. Johnson pointed out
when the property owners took on that responsibility they
probably were not anticipating they would have buses using the
alley on a regular basis. Mr. Sievers stated he did not
understand why the bus was using the alley, a private right-
of-way. President Hotton and Mr. Waibel pointed out for the
type of residence Halverson Street is not used as access due
to the steep steps. President Hotton noted in many instances
the small size buses are used. If this was just a single
family residence the paratrasit bus would use the same alley.
Mr. Rilingham explained as far as the impact to the alley of
this residence or facility, it is probably unlikely that this
facility is putting any more use on the alley than any other
residential properties. Mr. Oversonquestioned why the owners
were not required to put in the standard handicapped access?
Mr. Waibel stated the requirement is "reasonable" access and
the alley is reasonable access. Mr. Overson stated he did not
agree that it was reasonable access according to the elevation
definition of the drop from the alley. Mr. Pratt stated the
Building Code would probably not require handicapped
accessibility because it is still a single family resident.
This is a single dwelling unit that happens to use all five
bedrooms to give care to elderly people and not classified as
a public facility as multi-family structure or commercial.
Mr. Waibel expressed concern that the State did not require
handicapped access for this facility. Mr. Pratt stated he
could not say how the State requires their facilities to be
developed to qualify for State funding and licensing. The
City can permit a facility that does not meet State licensing
requirements.
Mr. Waibel pointed out in terms of the hearing this appeal,
there are only two of the three reasons given as grounds for
this appeal that are appropriate to the rezone: (1) amount of
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Page 15 of 20
proper parking. This was addressed by a condition being
placed on the permit by the Planning Commission. (2) Whether
or not the permit for this type of facility is limited to the
proper number of occupants. That being the case, both of
those conditions have been placed on the Special Use Permit by
the Planning Commission.
President Morton pointed out that the Building Code has a
break between 5 and greater numbers occupancy.
#3042
M/S/C(Waibel/Collins) to uphold the Planning Commissions's
approval of the special use permit with the conditions applied
by the Planning Commission, which in fact will address the
need for the Building Code requirement.
Mr. Overson questioned the City's liability now that it has
been brought out that this facility is not handicapped
accessible and reasonably assuming the occupants would be in
need of such access? Mr. Sievers stated he was not absolutely
conversant on the new ADA requirements and how it affected the
City's enforcement obligations for new commercial uses as far
as handicapped accessibility. In the past, if it is not a
City facility like the Parks' Office or City Hall, the
requirements are in the Building Code and if those are
complied with and no-known errors are made, the City would not
have any liability. President Morton noted she felt the State
would stringently adhere to any ADA rules placed on care
facilities. Mr. Overson stated if Council denies the Special
Use Permit, the Richmire's facility will go away and if they
comply with all guidelines then they would be allowed to
continue their business. Council does have the opportunity
and possibly the responsibility to require handicap access
based on knowledge of the facility involved and the ADA.
President Morton questioned if Mr. Pratt was familiar with
anything the City has to comply with as far as zoning to meet
ADA requirements? Mr. Pratt stated the Zoning Ordinance is
not the implementing ordinance for ADA. There is a question
of handicap accessibility before Council - the Building
Official is the one that makes that call and he has not
finished with his review of this facility. There are ADA
implications involved in this, none of which have been
presented at this time because they are not germane to the
appeal that is being presented.
TAPE #1019
Mr. Co111ns expressed concern that there were several things
still unanswered, such as the Building Officials's ruling,
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April 29, 1992
Page 16 of 19
whether or not a business license would be granted, etc.,
however, he felt Council needed to have something that will
tell staff to go do it. Mr. Pratt stated there will not be a
business license issued for this facility, which he believes
requires a business license, until it conforms with the Zoning
Code, which Council is apart of at this time, and until it
completely complies with the Building Code, the next step
after the Zoning Code. There is an adequate clearance process
in the City which says "do not issue this building license
until appropriate City departments have all signed off". If
Council desires, this process can be added as a condition,
however, it happens automatically.
President Horton pointed out following action taken by
Council, the Administration will be responsible for following
through and she encouraged Council to let them carry out that
responsibility. Mr. Colllnsquestioned if Council could get
a report back on the Administration's progress in one month?
Mr. Pratt stated he would provide a written report in one
month.
Vote: In Favor: Overson, Collins, Neville, Fitz, Waibel,
Horton
Opposed: Dawkins, Johnson
Abstain: Colvin
Motion carried.
Mr. Dawkins stated the issue of home nursing care is becoming
a very important business all over the United States due to
the cost of keeping someone in a Nursing Home. He felt the
City should be giving thought as to possible amendments to
City codes in preparation.
President Hotton requested, as a part of Mr. Pratt's report,
that he address the condition of the alley, who is responsible
for maintenance as well as looking into if the City has any
further responsibility for providing requirements under the
ADA.
8B - RESOLUTION NO. 2390 AMENDING COMPREHENSIVE PLAN TO
INCLUDE INTERIM CAPITAL IMPROVEMENT PROGRAM (CIP), #AB92-120
The Growth Management Act (GMA) of 1990 authorized collection
of Real Estate Excise Taxes to pay for "capital facilities"
needed to accommodate growth. The City has been collecting
these taxes. The Park & Recreation Department proposes to
spend Excise Tax monies on development of Pendergast Regional
Park. Excise tax receipts can only be spent as programmed in
an adopted "capital facilities plan" element of a
comprehensive plan. The proposed Interim Capital Improvement
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Page 17 of 19
Proqram (CIP) is an "interim version" of the final capital
facilities plan required by the GMAby July 1993. The Interim
CIP consists of material from the City's adopted Five Year
Comprehensive Park and Recreation Plan and its 1991-1992
Capital Improvement Program, adapted and combined only as
necessary to authorize expenditure of excise tax monies for
park purposes. The Bremerton Planning Commission voted to
recommend approval of the Interim CIP at it's March 31, 1992
meeting.
Kay Wilson, Department Of Community Development, stated part
of the Growth Management Act (GMA) gave cities and counties
tools for managing growth and one of those was to allow the
City to collect an additional .025% Real Estate Excise Tax
with the restriction that those funds be used solely as a
contribution to the development of capital facilities
identified in a Capital Facilities Plan. Later on in the law
it explains that Capital Facilities Plan has to be an element
of the City's Comprehensive Plan. By July 1993, the GMAwill
require the City to have a up-to-date Comprehensive Plan along
with a Capital Facilities Plan element and several other
elements. The City has been collecting this special tax and
has identified a need to spend some of those funds on some
Park projects. In order to do that, the City must adopt a
Capital Facilities Plan into the Comprehensive Plan. In
response to that requirement, an Interim Capital Facilities
Plan is proposed for Parks and Recreation facilities as a
proposed amendment to the Bremerton Comprehensive Plan.
Under the GMA, the facilities plan must contain certain
components: Inventory, Forecast Of Future Needs, Proposed
Facilities, Six-Year Financial Plan and Reassessment Of Land
Use Element. The last item is impossible to do yet because
the City's Comprehensive Plan has not been updated to meet
growth management requirements. The City is not in the
position yet to adopt a full fledged Capital Facilities Plan,
but is working toward that end by mid 1993. The City does
have an "inventory", a Forecast Of future Needs, and a listof
proposed facilitiesin the Park and Recreation Plan. The City
has already adopted a financial program, 1991-1992 Capital
Improvement Program, that provides for a five year program
(GMA will cover six years). Therefore, the City is in the
position to substantially comply with the intentof the GMA.
The Interim Capital Improvement Plan is organized to actually
pull information out of the existing plans - inventory,
forecast, proposed facilities, financial. In addition, the
plan does discuss where the City is in terms of making
required reassessment of the land use element, and does
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Page 18 of 19
provide for amendments of the plan, as required.
GMA requires the City to identify an existing level of
service, which in the case of parks is probably going to be
measured in terms of how many acres of parks are provided per
1,000 residents in the City. This requirement then breaks
down that information into categories: Regional, City-Wide,
Neighborhood, Open Space (current total parks - 477.39 acres,
plus 96.77 proposed acres).
The next section of the Interim Plan takes the City's Capital
Improvement Plan and transfers into this plan just those
projects that are for parks. Currently, the Administration is
going through a process to update the 1991-1992 Capital
Improvement Program and when it is ready Council will hold
public meetings and then adopt it. At that point in time, two
Resolutions will be presented, one adopting the 1992-1993
program and the second adopting the Park sheets into this
document so that it gets automatically updated when those new
numbers are adopted. This is not a budget document but rather
a program document, and under GMA cities are required to go
through this step before budgeting any of these funds. The
Real Estate Excise Tax monies have to be consistent with this
document, however, other funds are not affected because this
is an interim document. At this point in time, all that is
needed is to update it to the extent needed so that Real
Estate Excise tax funds can be spent on parks projects.
This document has been reviewed by an Advisory Committee made
up of Parks and Recreation Commission members and Planning
Commission members and has gone through public hearing at the
Planning Commission level, with their recommending approval
with changes that have been incorporated in the document being
presented. A Resolution has been prepared adopting this
Interim Capital Improvement Program as an element of the
Bremerton Comprehensive Plan.
Public comment - none.
President Hotton stated she believed District #6 was the only
Council District that had no park facility, excluding the Ivy
Green Cemetery, and she saw nothing in this document that
proposed one. She noted with the loss of Roosevelt Field that
area will be totally devoid of any park area and she would
like to see a recommendation come out of the Park Commission
as to how that area might be better served; especially in
light of a proposed "Park Bond" that may be on the ballot in
November. Vicki Vanneman, Parks and Recreation Director,
stated there had been discussion about incorporating
#0623
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additional plans/potential purchases and felt at this time,
because of the schedule regarding the Pendergast project and
the need to free up the Real Estate Excise Tax fund, they
wanted to leave intact the adopted Park and Recreation
Comprehensive Plan, and use that material without change. She
emphasized the proposal is an "interim" plan and there will be
opportunities to make amendments prior to July 1993. It is
her intent to make inclusions at that time.
Mr. Johnson questioned if this applied to just the .025% or
entire Real Estate Excise Tax? Ms. Wilson stated to her
understanding it applied to both, however, it was not clear to
her if the original Real Estate Excise Tax starts in July
1993. Mr. Johnson stated he felt it should only constrain the
City on that additional tax. Ian Sievers, City Attorney,
stated the City is restricted on the new .025% excise tax that
they allowed the City to pass and must be spent solely on
projects listed as an element of the Comprehensive Plan. GMA
also went back and restricted use of the old .025% and that
now has to be spent primarily on projects listed in the
Comprehensive Plan. He assumes that to mean 51% has to be
spent on projects listed in the Comprehensive Plan. The State
has allowed projects that were already budgeted out of the
excise tax fund to continue. Mr. Johnson stated it was that
rule that kisses parks goodby...projects cannot be listed in
the plan unless the City can afford to build them - you have
to maintain the level of service that already exists. He felt
this was something that needed to be discussed with
representatives of the State Legislature next year because it
makes "zero" sense. He also felt the City should include
those thousands of acres of regional open space in the
watershed for level of service. Ms. Wilson stated by July
1993 the level of service will be important but is not
critical at this time.
M/S/C/U(Collins/Johnson )
attached in Exhibit B.
to approve Resolution No. 2390 as
With no further business meeting adjourned at 7:26 p.m.
~ ,.-~,,,,~ ~,,,C o,.
KATH~E~N L. MoCLUSKEY, City C~erk
NN HORTON, Council President
City of Bremerton
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