HomeMy WebLinkAbout03/13/91TAPE #898
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CITY COUNCIL MEETING MINUTES
#0030
#0046
MARCH 13, 1991
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, March 13,
1991, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Wayne Estes,
Spencer Horning, Hank Waibel, C. R. "Tiny"Collins, Morrie
Dawkins and Russ Johnson. Councilmen A1 Colvin was absent.
Also present were City Attorney Ian Sievers and City Clerk
Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Reverend Bill
Wambsganss of the Westside Baptist Church.
CONSENT AGENDA
A. Minutes Of Meeting - February 27, 1991, #AB91-057
M/S/C(Dawkins/Overson) to approve Consent Agenda as presented.
Vote:
In Favor: Overson, Estes, Horning, Horton, Collins,
Dawkins, Johnson
Abstain: Waibel
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(Johnson/Waibel) on March 13, 1991, the Council does
approve for payment those vouchers included and further
described as follows: 124971 through 124973, 125903 through
126042 in the total amount of $277,190.86.
COUNCIL MEMBER REPORT8
Mr. Johnson attended the Parks And Recreation Summit, held at
the Kitsap Pavilion, and it was his opinion that the article
in The Sun reporting on that event was not what he heard,
particularly in the working groups. The tone of the entire
conference was very up beat and he had never seen so much
cooperation between the various Parks Districts, Parks
Departments, County personnel, water skiing groups, etc.
Discussions included ideas of joint use of facilities be it
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City, County, School District, etc. There was a suggestion
to have a Regional County governing Parks Board or Parks
Department. That suggestion was soundly rejected by every
working group in attendance. The governing part and direction
for local programs was what people didn't like. Everyone
loved the cooperation and interaction discussed, therefore, it
was suggested that there possible be a coordinated activity.
Since that meeting, he had already received calls from the
public in support of keeping the City's local Parks Board.
Lastly, he expressed concern over another stop light being
erected across from Yees By The Bay and Payless on Kitsap Way.
Considering that would make the third stop light within a
short distance, he did not feel that made good use of stop
lights or a smooth flow of traffic.
Mr. Dawkins reminded everyone of the Home Show at the Kitsap
Pavilion and the Jazz Festival at the Bay View Inn this
weekend.
Mrs. Hotton stated this past week she experienced a jarring
experience when driving over a pothole on her street. The
impact of hitting that hole was so great that her daughter was
sure she had run over a cat.
PUBLIC RECOGNITION
Mayor Louis Mentor expressed words of encouragement that work
would begin soon on some of the many potholes created during
this past winters weather conditions. He also attended the
Parks and Recreation Summit meeting and had the opportunity to
speak on "Arts And Enrichment". He announced on Monday, March
18, the Washington State Legislature would be adopting a
Resolution recognizing the City of Bremerton as the most
liveable City in the United States. This event will take
place at 10:00 AM, in the House Chambers. He invited Council
members and anyone from the public to attend this event. The
State Legislature also passed a Resolution supporting the
placement of a National Veterans Memorial Cemetery in the
Bremerton area.
Vicki Vanneman, Director Of Parks and Recreation, invited
Council Members and the general public to attend the Health
Living Fair on March 15 and 16, (Friday 12:00 noon - 8:00 PM;
Saturday 10:00 AM - 4:00 PM), at the Parks and Recreation
Center, Lebo Blvd. Over 60 exhibitors will be set up, there
will be health screening and a healthy lunch menu will be
available.
Dartell McGorwin, 2641 Fir Avenue, expressed concern over a
new apartment building being built in his neighborhood and the
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impact it brought on parking even before the complex was
completed. He had contacted Mr. Pratt, in the Planning
Department, about the parking problems he was encountering.
Two weeks later Mr. Pratt sent him a letter that stated he had
assigned someone to look into the matter. As of this date, he
had no future word or help on this problem. He suggested that
Fir Avenue be made into a one-way street or restrict all
parking along that area. President Hortonquestioned where the
apartment complex located? Mr. McGorwin stated Fir and
Magnuson. President Hotton requested Ms. McCluskey, City
Clerk, to check on this situation with Mayor Mentor and Chief
McNeal and have them report back to Council.
Don Larson, 135 Rainier Avenue, stated he was appointed
Chairman of the Dyes/Sinclair Inlets Advisory committee, who
are trying to clean up the bays. He announced there would be
an Earth Day event on April 20. He noted he was also
President of Kitsap Diving Association and he would be
recruiting his club members to assist in another First Street
Dock dive. He would be needing help from the City and
requested that a representative from the City sit in on their
meetings, with the next meeting being Tuesday, April 19 at the
Great Northwest Building, 6:30 PM, in the Public Meeting room.
Also, he would be needing some assistance in preparing a
Proclamation.
6A - APPOINTMENT TO THE PARKS AND RECREATION COMMISSION -
CRAIG R. SMITH - #AR91-058
There is a vacancy on the Parks and Recreation Commission due
to the resignation of Geoff Hosea. It is recommended the
vacancy be filled by Craig R. Smith.
Mayor Mentor explained that Geoff Hosea had served three years
on the Parks Board and had to resign due to personal
commitments. Therefore, he urged the Council to appoint Craig
Smith, who had been involved in many community activities both
as a teacher and volunteer.
M/S/C/U(Dawkins/Estes) to confirm the appointment of Craig
R. Smith to the Parks and Recreation Commission.
Craig Smith stated he appreciated the appointment and having
worked with students in the community he looked forward to
working on the many projects under the Parks Department
responsibility.
6B - APPOINTMENT TO THE CITY SOLID WASTE ADVISORY COMMITTEE -
JOHN E. CARLSON- #AB91-059
There is a vacancy on the City Solid Waste Committee due to
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the resignation of James McDonald. It is recommended the
vacancy be filled by John E. Carlson.
Mayor Mentor reviewed Mr. Carlson's qualifications and
background and urged the Council to confirmhis appointment to
the City's Solid Waste Advisory Committee.
#0603
M/S/C/U(Johnson/Waibel) to confirm the appointment of John E.
Carlson to Bremerton's Solid Waste Advisory Committee.
John Carlson stated he appreciated the opportunity to serve
and looked forward to the duty.
8A - BARRIE REZONE HEARING TO CONSIDER A REOUEST FOR AREZONE
FROM -GENERAL BUSINESS (GB)" TO ,,SINGLE-FAMILY (SF-3)" ON THE
MEATON WAY FRONTAGE OF THE PROPERTY OF JAMES & SHEELABARRIE
- #AB91-068
The adoption of the new Zoning Map in 1988 changed the Wheaton
Way frontage of the Barrio property from Residential (old R-l)
to Commercial (new General Business). At that time, this was
the only Wheaton Way property between Sylvan and Riddell with
residential zoning. The applicants did not request commercial
zoning and believe they are now suffering tax-related
financial hardships as a result of that change. They have
requested a rezone to return this portion of their property to
residential zoning.
The Planning Commission has conducted a public hearing on this
request and has forwarded its recommendation to the City
Council. Rezone requests require public hearings at both the
Planning Commission and Council levels prior to the final
decision. If approved, staff will prepare an ordinance to
complete the rezone.
President Hotton asked the "Appearance of Fairness/Conflict of
Interest" question with all Council members being seated.
Ron Hough, Planning Manager, provided a view graph showing the
location of the site. The applicant's property consists of
9.65 acres and had remained undeveloped, with the exception of
a single family residence. The property's only street
frontage is on Wheaton Way, a major arterial highway
The Comprehensive Plan Map shows the Wheaton Way corridor from
Sylvan Way to Riddell completely Commercial.
The Application request was to change the zoning of this
property from GB to SF3. The General Business zone was
stipulated in 1988 upon adoption of the new Zoning OrdinanCe.
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The applicant felt that GB was not an appropriate zone and
felt they had not been properly notified of the impending
change prior to adoption of the Zoning Ordinance. The portion
of the Bartie property that is the subject of this rezone
request includes the eastern most 150 feet of the property.
The rezone area is approximately 48,750 sq. ft., or about 1.1
acres in area. In 1988 the City Council adopted the new
Zoning Ordinance and Zoning Map. This legislative action
affecting all 16,500+ properties in the City were rezoned up
or down to some extent. The Barrie property was one of the
only two remaining segments on the stretch of Wheaton Way
between Sylvan and Riddell that was not zoned Commercial. The
Council felt that corridor should be Commercial and both
properties were changed from Residential to Commercial. At
that time the City Council felt the future of that corridor
and subject property was commercial and the Comprehensive Plan
Designation at the time was commercial. Therefore, the
Council approved Commercial zoning on the eastern most portion
of the property fronting Wheaton Way. Mr. Hough reviewed the
process of notifying the public of public meetings to discuss
the proposed Zoning Ordinance, which included a number of
things above and beyond what was required by the State. He
did note that they did not specifically notify the applicant
that their property would be rezoned from any particular zone
to another, however, they did receive a general notice of the
process to be conducted. The Barries apparently did not
receive what they felt was proper notification and were not
aware of the rezone until they received a tax bill later on.
The Barrie's attorney contacted the Planning Department and
asked about the Correction Of Errors process, which was in
place for six months following adoption of the Ordinance.
This request came in quite some time after the conclusion of
the six months correction process and they were advised that
process was finished. At that time, the applicant was
informed the only way to go back to Residential Zoning would
be by applying for a rezone, which they did. The rezone
application was submitted, processed and staff felt the
criteria was not adequately met at that time and they
recommended denial. Next the rezone request went to the
Planning Commission, with that recommendation, they held a
public hearing and continued that hearing to get more
information from the Kitsap County Assessor Office on the
issue of taxation (Assessor's letter included in Council
packet). It was suggested early in the process that a
compromise might be reached, however, because they felt the
zoning was appropriate and no real pubic benefit for a
compromise or changing it to a residential zone, there was no
compromise suggested or proposed. The applicant stated the
commercial zoning would limit the residential use of the
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property, however, there is a house located on the property
and it is a legal use and now considered as a non-conformity.
A single family home could remain indefinitely and could be
remodeled or expanded and in the event of a disaster, such as
fire or earthquake, it could be rebuilt.
The Planning Commission was apprised that the property tax
impact as a result of a zoning decision, on the personal
finances of a property owner, was not one of the criteria to
be considered for a rezone; nor was determining whether the
County Assessor's Office was doing its job properly. The
Commission was encouraged to base their decision on the
specific criteria of the Zoning Ordinance. Following the
public hearing, the Planning Commission concluded the
Commercial zoning on the property was premature, not requested
by the applicant and should be considered an error in the
adoption of the new Zoning Map in 1988. Therefore, the
Commission's recommendation to the City Council is approval of
the rezone requested by the Barries from GB back to SF3 based
on an error.
Phil Noble, representing the applicants (Barries), stated
there were some points with which he agreed with Mr. Hough's
presentation and some matters he disagreed. It is their
belief that an error was made in 1988, and in order to correct
such a mistake they were informed that a request for rezone
would be the procedure for requesting a correction of the
zoning. As long as the Barries had lived on the property, it
had been zoned for residential purposes. In 1988, without
their approval or knowledge, the City Planning Department
arbitrarily drew a line through their property and zoned a
portion of their property Commercial, removing it from
residential and placing financial burdens upon them. As a
consequence of this action, they suffered and will potentially
suffer some extensive tax consequences through tax assessment.
And, contrary with what Mr. Hough maintains, they believe the
way the City ordinance is drafted it does directly affect
their ability to use their property. They are restricted in
their ability to use their property as residential property
owners and because of that they are requesting relief from an
erroneous zoning in the first place.
He pointed out when the City presented its information to the
Planning Commission, the Long Range Planning Department
indicated no objection to the request for a rezone. Long
Range Planning Department also indicated that this requested
rezone was consistent with the Comprehensive Plan to the
extent it restricted strip development. He noted that the
Planning Commission held a second hearings on this issue after
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requesting addition information and as a consequence of what
he believed was a thorough study by the Planning Commission,
they rejected the Planning Department's proposal to reject
this rezone request because it did not comply with the zoning
criteria. The Planning Commission also moved to recommend to
Council that the subject rezone be adopted because of an error
in the original zoning proposal in 1988.
One of the criteria for a rezone was the fact that the
original rezone was incorrect and not appropriate when
adopted. The City maintains that the rezone was intentionally
done, however, after reviewing the materials Mr. Noble could
not find any specific discussion about the Barries' property.
The only thing they could find was that it was adopted because
it complied with the Comprehensive Plan, regardless of that
fact they maintain it was inappropriate when it was done.
They have asked repeatedly what was the "public need" that
required the City, in 1988, to rezone the property Commercial?
No explanation has been given to that question. The only need
identified was that some time in the future someone else may
move into the property and they needed to be protected against
noise and dust generated along Wheaton Way. This was
hypothetical and if someone moved in, Mr. Noble believed they
would be willing to accept those risks if they desire to move
in even if a problem such as that existed. This would not be
considered a "public need", such as safety, health, welfare,
moral need that required zoning to commercial. Nor did it
require a zone to commercial use in order to provide that
protection. Through the site review process or building
permit process, setbacks could be required if determined it
was a public need.
Mr. Noble explained the heavy financial burden placed on the
Barries after the property was zoned Commercial by more than
double previous assessment (from approximately $200,000 to
$500,000). As a direct consequence of that, the tax burden on
this property will be horrendous. They believe that the
Assessor's Office establishes assessments against properties
by following zoning restrictions and if this property was
zoned residential they were confident the assessed value would
be placed back accordingly. They also noted a significantly
difference in the way the Assessor's Office treated the
Barries' property and the way they had treated other
properties further south, that being a residential area
bordering on Wheaton Way. This City Council chose not to zone
that property commercial and allowed it to remain residential
even though those people faced the same noise and dust
problems as the Barries. Also, the Assessor's Office
continued to assess those properties as residential. And, it
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is their belief that the Assessor's Office assessed the
Barries' property Commercial because it was zone Commercial
and it was their belief that by changing that
it would relieve the tax burden experienced by the Barries.
With respect to the City's Zoning Ordinance, they believe the
Barries are affected in the way they could use their property.
In Chapter 9 of the Zoning Ordinance, it provides the
continuation of their house, which has been admitted to be a
non-conformity, which could be terminated by the exercise of
lawful authority of the City at any time, which means the
continued use of their residential property was at risk
because the City may decide to exercise their rights to change
that use at a later time. Secondly, the ordinance also
provides that the Barries could not add to or enlarge or
generally alter their use of their property. Also, if the
Barries' house burned down or burned more than 75% they could
not rebuild it as a residential property because it would be
a non-conforming use. Because of those and other reasons they
believe that by having the property zoned Commercial it
specifically restricts their use right to enjoy their property
as residents of the City of Bremerton.
Within the documentation presented by the Planning Department,
there is indication this may be considered spot zoning or a
variance request and should be rejected on that basis. Mr.
Noble stressed that this was neither spot zoning or a request
for a variance, but a request to correct an error that was
made in the first place.
Public comment - none.
Mr. Overson stated he felt whether the property was zoned
Residential or Commercial, it was valuable and the Assessor
would be duty bound to assess it at its highest and best
value. If the owner wanted the property changed to SF3 and
the Planning Commission recommended the SF3 zoning
designation, then he felt it should be that as well.
Personally, he was not convinced that a reduction of the tax
assessment would be made upon changing the property back to
Residential zoning.
Mr. Collins restated the efforts made, during the new Zoning
Ordinance process, to inform the public including the six
month Errors and Omissions process. He did not support making
a change in zoning based on the fact that he had not been
shown that the Errors and Omissions process was not made
available to the Barries. Also, the Assessor's letter stated
that property would be assessed for the highest and best use
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and he did not believe by rezoning the property to Residential
would provide any financial relief for the Barries.
Mr. Johnson stated he supported allowing the Barrie family to
live on their property and enjoy all of the rights entitled
them. He did not believe the City made a lot of errors during
the City-wide rezone, however, he did not realize that the
frontage piece of property along Wheaton Way was attached to
the rest of the property on the backside and he would consider
that an error. He felt all the discussion on tax burden was
irrelevant as far as Council's decision.
Mr. Dawkins noted the subject property was one of the only
oasis in the middle of strip zoning that Council had said they
didn't like and in years to come he expected the property to
turn Commercial. He supported the Planning Commissions
recommendation that an error had been made.
Mr. Waibel pointed out the extensive advertising undertaken by
the City in notifying the public of the Zoning Ordinance
process as well as the Errors and Omissions process. He did
not support the idea that an error had been made and not
noticed during that time. He believed the subject property
did fit in the Commercial designation and it did have access
onto Wheaton Way, which the residential property to the south
did not. In regard to the tax assessment, the Washington
Administrative Code states: "All property unless otherwise
provided by statute shall be valued on the basis of its
highest and best use for assessment purposes .......... The
fact that the owner of a property chooses to use it for less
productive purposes than similar land is being used shall be
ignored in the highest and best use estimates. Where land was
being classified or zoned as to its use, the County Assessor
may consider this fact, but he shall not be bound to such
zoning in exercising his judgement as to the highest and best
use of the property". Mr. Waibel stressed there was no way to
assure the Barries that the tax bill would be reduced if the
property was rezoned to Residential.
Mr. Collins pointed out of the current Planning Commissioners
there were possibly only two members who were on the Planning
Commission at the time the Comprehensive Plan, Comprehensive
Map, Zoning Map and Zoning Ordinance was developed and
possibly there might have been a little loss of memory.
Mr. Johnson pointed out that "what is best use of property"
did not have to mean "highest use". And, in this instances
"best" related to a residence use.
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Mr. Overson pointed out one of the philosophies followed
during the Errors and Omission process, as opposed to a strict
error in law, they looked at an issue if an error was made in
so far as the owner was concerned. The question was asked had
an error been made that would adversely impact the owner of
the property? In this case, he noted the City had taken away
the rights of SF3 from the property and the owner felt and
still feels that the best use was SF3. It was not the intent
of the City to take away those rights.
Mr. Dawkinsquestioned if the SF designation was returned, how
long did the applicant have to return it to GB? Mr. Hough
stated he would have one year to make such a request.
President Hotton questioned if this piece of property had two
tax lots? Mr. Hough stated no, the City did draw a line along
the frontage of the property for distance of 150 ft. back
lining it up with the commercial zone on the south side of the
property. President Hortonquestioned if there were any other
properties within the City that had the same time done to it?
Mr. Hough stated that was difficult to say as there were many
changes made at that time. Some properties were down zoned
and some up zoned. It was her belief that the subject
property should remain in the Commercial zone, however, unless
someone could show her that a lot of properties in that
massive rezone effort were split in a similar manner as the
subject property, she felt there was an error made. Mr. Hough
noted there were not many parcels of 10 acres. President
Hotton stated she remembered keeping close to the tax lines
and this one was not treated that way.
Mr. Homing stated it was not a Council decision that would
give the Barries tax relief. Mr. Johnson stated emphatically
that tax relief had nothing to do with this rezone request.
Mr. Estes stated by granting the rezone the City would be
granting the owner the right and privilege to use their
property as they see fit. Now they are limited in that uses
and he supported giving back those rights.
#1562
M/S/C(Johnson/Dawkins) to uphold the Planning Commissions
decision to rezone from General Business to Single Family
(SF-3).
Vote: In Favor: Dawkins, Johnson, Overson, Estes, Horton
Opposed: Collins, Horning, Waibel
8B - REZONE "CBR" TO "GB" APPLICANT: ATLANTIC RICHFIELD
COMPANY, LOCATION: 2114 5TH STREET - #AB91-069
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On January 29, 1991, the Planning Commission voted 9 to 0
recommending conditional approval of the proposed rezone'for
one parcel located at 2114 5th Street. The City Council is
required to hold a public hearing and act on the Planning
Commissions' recommendation.
President Hotton asked the "Appearance OF Fairness/Conflict of
Interest" question with all Council members being seated.
Jack Allin~hamstated the applicant was requesting a rezone of
a 5,459 sq. ft. parcel consisting of two lots from Central
Bremerton Residential (CBR) to General Business (GB). The
applicant is Atlantic Richfield Company, represented by
Barghausen Consulting Engineers, Inc. A view graph showing
the location of the site was shown, noting it was 130 feet
west of Naval Avenue and on the north size of 5th Street. The
address at the existing house is 2114 5th Street. The intent
of the applicant is to develop the site collectively with some
other commercial property in the area and construct an AM/PM
Mini-mart gas station.
The Comprehensive Plan Designation for the site, which is on
a fringe area (between residential and commercial), is
considered commercial. The Residential designation is 7-15
dwelling units per acre. The Planning Commission looked at
this designation as well as the Comprehensive Plan's land use
elements, economic development elements and found the rezone
application to be generally consistent with the Comprehensive
Plan. They also reviewed uses that could potentially be
allowed and they felt allowing this rezone to stand alone and
permitting such uses as car washes and auto repair businesses
may not be in the best interest. Therefore, they made a
recommendation to the City Council that the rezone be approved
subject to the following conditions:
1. The site shall be developed substantially as shown on the
site plan submitted, including landscaping that would act as
a buffer for the neighborhood.
2. The applicant/developer shall record the site plan with
the Kitsap County Auditor as a binding site plan.
Will Wolford, representing the ARCO Company, gave an overview
of the project which included: 2700 sq. ft. building; a 14
ft. high pump station canopy; four underground tanks (double
wall fiberglass constructed with an electronic alarm system
to detect any leaking in or out of the tanks); 16 parking
spaces; significant landscaping to buffer between residential
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area and business area; and lighting. The rezone area was but
a part of development of the site. The total site would be
comprised of 35,000 sq. ft., the rezone area being 5,400 sq.
ft. The development process would include demolition of
existing residential buildings as well as other type
buildlings. Landscaping will be at a height of 5 ft. or more
as well as a wood fence between residential area and the site.
They made a commitment to the Planning Commission to attempt
to save one tree that blended in with surrounding trees,
however, until they actually get into construction they were
not sure they could keep that promise, but their intent is to
give it a good try. A color board was displayed showing the
color design and placement of signage: exterior of building
would be white stucco with a panaflex panel on top with
backlighting; three signs placed on the building and one
additional sign placed near the intersection ( 92 sq. ft., 20
ft. in height).
The sole purpose of the rezone was to allow the applicant to
consolidate enough property together under a consistent zoning
to permit development of the project. They had attempted to
design the project without utilitizing this property to avoid
the rezone action, however, a number of problems developed
that were insurmountable to provide a viable project.
Movement of vehicles through the pump canopy area and back out
on to the streets was key so that it would not conflict with
the vehicle parking areas and create a hazardous condition.
Three driveways are proposed, Naval Avenue, Fifth Street and
6th Street. Four other driveways from those three streets
would be eliminated. Another conflict was the need to provide
access for a 75 ft. tanker truck so that it would not totally
block the flow of vehicles existing the area.
The primary focus of the project was to have everything facing
towards the intersection/streets and there would be only
security lighting in the back of the building. Lighting on
the site would be shielded and directed lighting. The pump
canopy lighting takes care of most lighting needs in the front
area of the site.
He pointed out that other uses that may be built on this site
under current zoning without coming before the Council for a
rezone would not be: (1) subject to the condition of the
planned development, as is this one being recorded with the
County; (2) the standard code requirements do not require the
type of buffering they are able to provide for this particular
development. He felt this proposal did a good job protecting
the surrounding neighborhood.
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The site visibility at the corner will be improved as the
project will set back farther than the existing buildings.
Impacts on adjacent residental uses are significantly reduced
and a number of insightly buildings would be removed.
In response to the "Criteria" for a rezone, Mr. Wolford made
the following statements:
Criteria #1 - being in compliance with the Comprehensive Plan
was acknowledged in the Staff's Report and confirmed by the
Planning Commission. Primarily the economic development as
stated under Policy 12, speaking to capturing a greater share
of dollars spent by the City in other communities, provided a
service to a large number of people of the city.
Criteria #2 - referencing changed conditions necessitation
rezone. One of the key things that provides a public
interest in this case was the conditions of the buildings
currently on the site. The project will replace the unsightly
buildings and in their place construction of a modern and
upscale facilitliy.
Criteria #3 - rezone would not result in adverse
environmental consequences. The City has reviewed the
Environmental Check List, which was submitted for this project
and a DNS without conditions was issued. The landscape
buffers, as well as the distances separating this use from
other residential areas, make the project compatible to
adjacent uses. The project is oriented towards the streets
and away from any residential uses.
Criteria #5 - essentially public facilities and services are
presently available and adequate, or can be reasonably
available. The staff report indicates all the necessary
utilities and all public utilities were available to
accommodate this use.
At the Planning Commission hearing, there were some issues
broguth up from the comments made by citizens. Some of those
issues were: traffic, sale of alcohol and adult magazines,
competition from other uses, loitering. The question of
traffic dealt primarily with the impacts of this facility on
5th Street. What they have done to address those particular
issues was to (5th Avenue was a one-way-street) use 5th Avenue
as a secondary exit route, which would take vehicles out to
Naval Avenue. It would also provide the most convenient
access routes for the residential area off the the west of the
site. They propose placement of two signs on each side of the
driveway existing onto 5th Street would provide directional
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information, i.e, that a right turn onto 5th Street would be
an illegal turn due to it being a one way street. The issue
of loitering is one that is dealt with quite often and one
that some of the competition has done a disservice to this
type of use. Some facilities offer video games, sell adult
magazines as well as other types of activities that tend to
draw kids to the site. ARCO does not have video games nor do
they sell adult magazines. They do have strict anti-loitering
policies and all employees are trained in enforcing those
policies. Regarding the sale of alcohol beverages, all of
these type facilties, including ARCO, do sell beer and wine.
This always brings out the issue of selling to minors and one
of the things he, as a representative of ARCO, and ARCO are
proud of the fact that they have never been caught in a
"sting" operation selling alcoholic beverages to minors.
Their company is large enough that it would not make or break
them if they only sold to adults, which may not be the case in
a mom/pop type business.
He noted the Planning Commission held a thorough hearing on
this proposal and voted unanimously to recommend approval of
the project and he urged the Council to give it their approval
as well.
The following individuals spoke in opposition to the proposal:
Bill Robinson, 2130 5th Street; Terrence Menage, 2136 5th
Street; Enrique Otanez, 2131 5th Street; Curtln Allen, 2123
5th Street; Robert An~el, 2149 5th Street. And letters read
into the record from: Bryan and Stephanie Adams, 2132 5th
Street; Trudy and Ray Heistand, 2124 5th Street; Karin Newman,
owner Newman's Texaco 2021 6th Street. The following concerns
were registered by the above speakers and letters submitted to
be read into the record: (1) neighborhood already served with
this type of service with 5 similar businesses within a one
mile radius and only reason ARCO was locating there was to
make a profit; (2) traffic existing from site onto 5th Street
would create traffic hazard for neighborhood immediately
adjacent to site; (3) posting exit would not guarantee traffic
would not go wrong way on 5th Street; (4) City Council had
stated they wanted to protect the core residental areas of the
City, but if this rezone was approved it would be down grading
such an area; (5) question - what residential neighborhood
would be the text target to turn commercial?; (6) existing
residence was in good repair and one of the better ones in
the neighborhood; (7) eliminating affordable housing; (8)
safety of small children in abutting neighborhood; (9)
bringing in large company could have adverse financial affect
on established business; (10 no exists onto 5th Street; (11)
residents were not properly notifed of Planning Commission
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meeting; (12) survey taken of shipyard workers, resulting in
negative response as to their using such a service; (13)
increased noise pollution; (14) air pollution; (15) excessive
lighting for residential area; (16) increased traffic congest
onto already congested streets during peak commute hours; (17)
24-hour business activity near residential area that would
infringe on peace and quiet of neighborhood during nightime
hours; (18) loss of facilities for gymnastic classes.
Mr. Wolford stated his presentation touched on most of the
points brought out at the Planning Commission hearing as well
as this meeting. He wanted one clear understanding on the
site plan itself and the rezone recommendation that came to
Council from the Planning Commission .... that the rezone be
subject to a condition that the facility, as shown on the site
plan at this time, was only facility to be built on the site.
The overall major concern of the citizens seemed to be the
access onto 5th Street from the site. This was also a concern
voiced quite strongly and in the same manner before the
Planning Commission and he felt they had done everything the
City had recommended and the Planning Commission thought was
adequate to deal with that particular situation. If that
driveway was closed, it would create some circulation problems
on the site, particularly when the tanker truck was on site
and people were in the parking stalls on the west side of the
building. He believed that must of the 'traffic going the
wrong way on 5th Avenue was due to the fact people were coming
out of the gymnastics school (no directional signs posted).
Curtis Allen, 2123 5th Street, brought up the excessive noise
of refrigeration trucks making deliveries to the site. He
clarified that the people going to the gymnasium do not use
the alleyway directly behind that building, they park on the
street or the parking lot of the gym and leave going out on
5th Street. An electrical Company (Shipyard contractor) uses
the alleyway for some of their parking and the neighborhood
talked with them and discussed traffic safety for exiting
their vehicles from that area. He believed the people who
drive the wrong way on 5th Street came off of Naval Avenue due
to backups at the light at the intersection.
Mr. Collins noted he experienced a near accident this evening
when he was traveling on the one-way portion of 5th Street
becuase someone was driving down that street the wrong way.
Due to the largest complaint being the existing of traffic
onto 5th Street, he recommended that the 5th Street exist be
closed off land have the fenced area continue along that side
and around the corner. By doing this, it would hold in the
integrity of the neighborhood. He felt ARCO did an
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outstanding job on the site plan and that it was a good
planning, however there had to be some mitigation made for the
neighborhood.
Mr. ~stes stated the proposed exit onto 5th street was not
safe nor wise. He requested that the applicant come up with
an alternative suggestion to the 5th Street exist.
wolford stated this was an issue at the Planning Commission
hearing and it was one that the Planning Department voiced
concern. However, asking the question is it absolutely
necessary, the answer was no, it is an alternate route. But,
when the 75 ft. tanker truck is on site it would interfer with
the traffic flow within the service area. He understood
traffic concerns and he agreed that during rush hour time
periods the area was very congested. They viewed the 5th
Street exist as a benefit to customers and residents in that
area. He did express concern of extending the fencing along
5th Street, as he did not see the purpose for it. Mr. Oollins
pointed out it would hold in the integrity of the
neighborhood. Mr. Waibel questioned if there was anything the
Street Department could do by placing a "directional island"
in that area? Mr. Overson pointed out it was near impossible
keeping people from going down a street the wrong way and he
felt the best solution to the problem would to not have an
exist onto 5th Street.
Mr. Johnson thanked the developer for his presentation and the
residents for their input. He saw the Council's job as
putting in the best possible development and also supported
the idea of eliminating the access off of 5th Street.
M/S/C(Johnson/Collins) to approve the request for rezone at
2114 5th Street from "Central Business Residential" to
"General Business" subject to the following conditions:
1. The site shall be developed substantially as shown on the
site plan submitted as Attachment VI of the Staff Report with
the deletion of all exists on 5th Street and that the existing
landscaping along 5th Street be extended to what was
previously shown as driveway.
2. That the applicant/developer shall record the site plan -
Attachment IV, with the above modification with The Kitsap
County Auditor as a binding site plan.
3. That the implementing ordinance be brought back to Council
after it had been properly advertised and public notice given.
Vote on motion: In Favor: Dawkins, Overson, Horning, Johnson,
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Opposed:
Estes. Waibel, Collins
Horton
6C - BUDGET1M~TUBTHENT REOUEST 91-3 RELATING TO THE 1991 G.O.
FIRE BONDS - #AB91-060
This adjustment will provide budget authority for the issuance
of G.O. Bonds and the Capital expenditures of the Fire
Department projected to take place in 1991 as outlined in the
attached cash flow projection.
Rich Hanna, City Treasurer, stated this item had been before
Council several different times in context of Study Sessions.
The Fire Department presented the different items of equipment
and progress being made on acquisition of those items.
Initially, they presented the proposed cash flow schedule
through which these items would be acquired. The budget
adjustment that is proposed includes all of the expenditures
projected to be made during calendar year 1991. Several of
the larger pieces of equipment, trucks and boat, will be
ordered in 1991. Because delivery is not anticipated nor will
be paid for in 1991, they are not included in the expenditure
authority requested at this time.
On the revenue side of the budget, they did include the sale
of $1,500,000.00 of G.O. Bonds that was authorized by the
voters in November, 1990. However, a good portion of that
cash would be carried forward into 1992, when it would
actually be spent upon delivery of those items.
Public comment - none.
Mr. Overson reported Council Fiscal and Budget Committee had
reviewed this request and he noted the main point to remember
was that each procurement would be reviewed by Council on an
individual basis. The requested budget adjustment would
establish an organized system for keeping track of the funds
and having it available.
M/S/C/U(Waibel/Estes) to approve budget adjustment request 91-
3.
President Horton announced Item 7E was pulled off the Council
Agenda for one week.
6D - AUTHORIZATION TO CALL FOR BID FOR FIRE RESCUE BOAT -
#AB91-061
This action allows for the Call for Bid for a 25-foot aluminum
fire rescue boat to serve in the waters within the City of
Bremerton. The monies for this boat were approved by the
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citizens of Bremerton as part of the Fire Bond Issue. This
action was directed to come before Council for approval by a
recent Council Study Session.
Miok McKinley, Deputy Fire Chief, explained the proposed boat
would replace the City's current 1977, 19 ft. boat used for
water rescue and limited fire fighting on the water. The
proposed boat would further enhance the City's capabilities in
both rescue..able to take on more weather conditions, and will
have access to an on board fire pump, allowing them to fight
fires safer than what they are currently able to do. The new
boat would fit into the overall Emergency Operating Plan. In
the event of an earthquake, the boat could be used to
transport patients across The Narrows, if bridges were unsafe,
and it provides the ability to transfer sea water from The
Narrows to fire trucks in the event of water main collapse
during the quake.
They requested a "call for bid", which would allow the City to
link up with another Fire Department to purchase two boats of
the same design and saving $10-11,000 on the cost of the boat.
Mr. McKinley noted there had been some questions raised
regarding insurance and potential liability for the City and
those questions would be answered through the Risk Management
Department before a bid was awarded.
Public comment - none.
Mr. Dawkins questioned the process for calling for a bid? Mr.
McKinle~ explained they would be advertising throughThe Sun,
the City's legal publisher, and some trade magazines. Also,
the boat manufacturer of the subject boat had shown interest
to bid on the project. Mr. Dawkins questioned how long the
bid process would take? Mr. McKinley noted he expected to
have the bids closed by April 15, 1991.
Mr. Estes point out this was strictly a call for bid and not
an expenditure of funds.
Mr. Overson noted asking for a bid did not obligate the City
to make a purchase. In regard to the liability issue, initial
indications reflect that it would not be excessive.
M/S/C/U(Waibel/Horning) to approve the Call for Bid for
purchase of a 25 foot aluminum fire rescue boat according to
the specifications given to the City Council.
6E - BUDGET ADJUSTMENT 91-2 PUBLIC WORKS COMPLEX PHASE II -
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#AB91-070
This budget adjustment will allow the short-termborrowing and
capital expenditures necessary for construction of Phase II of
the Public Works Complex.
Mayor Louis Mentor explained originally he had proposed a
large Public Works complex, however, that design had been cut
back and at this time he was proposing building three
buildings instead of five. These buildings would eliminate
the need for the Street Department building, located near
Evergreen Park, and the old Water Utility building on Warren
Avenue. Also, there would be cost savings for rental of
buildings for Equipment Rental and storage space for Street
Department equipment. He urged the Council to approve the
Budget Adjustment as presented.
Public comment - none.
Mr. Estes stated one of the side benefits of this project
would be the expansion of the recreation area of Evergreen
Park and the demolition of the Street Department quonset hut.
Mr. Overson stated he was not supportive of this issue because
he believed more time was needed to work out the details.
What was being proposed was to procure a portion of what would
be needed without consideration for how the remainder would be
funded. There is nothing available that reflects what the
1992 budget will look like and a project such as this will
have a significant impact. His biggest aggravation was the
fact that there are several projects planned with little
activity happening, i.e., downtown waterfront project, USS
Turner Joy, PSNS Centennial Plaza and the building to be
demolished on Park Avenue. He also did not like the tieing of
the Public Works Complex to the Street Department building on
Park Avenue and the oldWaterUtility building on Warren.
Mr. Johnson stated he did not want to go this direction
because the voters turned down the proposal and it appears the
idea was to scale back the project and fund through
Councilmanic Bonds. However, he expressed concern that the
Street Department had equipment sitting out in the rain and
the two buildings cited for demolition were in very bad
condition. He pointed out that any Council action at this
time would not expand Evergreen Park.
Mr. Dawkins pointed out a number of homeowners living on Park
Avenue had complained about the unsightliness of the Street
Department storage area and would welcome the City cleaning up
the area.
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President Horton stated Mr. Overson was on target as there are
several projects underway or ready to get underway and she
felt the City needed a Project Manger to oversee these
project. She suggested taking $10-15,000 from each project to
fund such a position.
Mr. Homing stated he would support a Public Works Complex
ultimately, however, he would not support this proposal
because it would make a commitment before being ready. He
wanted to see action on other projects, such as the golf
course, multi-fields, boardwalk, USS Turner Joy, before
commitment to using up the City's Councilmanic Bonds.
M/S/C(Waibel/Dawkins) to approve Budget Adjustment 91-2 Public
Works Complex Phase II.
Vote:
In Favor:
Opposed:
Estes, Waibel, Collins, Dawkins, Johnson
Horton
Horning, Overson
6F - 1991 SPECIAL SALARY ADJUSTMENTS, ATTORNEY I AND II,
PLANNING MANAGER, COMMUNITY SERVICES MANAGER, ASSISTANT CITY
ENGINEER AND STREET SUPERINTENDENT - #AB91-070
The recommendations contained in classification reports for
Attorney I & II, Assistant City Engineer, Community Services
Manager, Planning Manager and Street Superintendent include
adjusting the actual salaries for 1991. Classification
Reports were distributed to Council Members and Department
Heads under separate cover.
Mayor Mentor stated for clarification it was felt the salaries
for the subject six manager positions plus the one position
approved by Council a week ago, were quite a bit out,of-line
with reality and called for special salary adjustments. He
assured Council he would not be bringing any other positions
forward for this type of consideration and before anything
else would be brought to Council he would have a complete
revision of every manager's job description.
Public comment - none.
Mr. Estes questioned if he was correct in his understanding
that these would be the last salary adjustments this year?
Mayor Mentor stated he was not sure if it would be the last
one, as it would depend on Council. However, the next time he
came before Council with an item addressing Manager's salary
rates, it would be a complete package, including job
descriptions.
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Mr. Johnson stated he did not remember a budget line called
Salary Adjustment. Kathleen McCluskey, City Clerk, stated the
Salary Adjustment Reserve held funds budgeted for salaries for
management, but not distributed to the various department
budgets. Mr. Johnson stated he did not remember ever
budgeting money to a Salary Adjustment Reserve Fund nor ever
considering how large the fund should be. He questioned the
current amount in that fund? Rich Hanna, City Treasurer,
stated at the present time the fund held on the order of
$240,000. This funding was discussed during the Budget
Hearings in November, and set aside to meet a variety of
issues that were not known at that time. Negotiations are
ongoing with the Union representing the firemen and at the
time the budget was prepared, they did not know what the
outcome of those negotiations would be. Also, at the time the
budget was being prepared it was not known what the increases
would be for health insurance for 1991. Therefore, an
estimate was made and those funds set aside until they were
spread across department budgets to meet those expenses. The
other item included in that funding was the salary enhancement
to go with the Management Compensation Plan. Mr. Johnson
stated he had some real reservations about this proposal and
did not want these positions to be considered "bench marks"
salaries. He cautioned, if this proposal passes, there would
be no guarantee that at a later time he would be called upon
to cut some of them. He did not want to be placed in the
position to have to cut someone's salary and because of that
he would abstain from voting on this issue. Mayor Mentor
stressed the fact that these particular salaries were out of
line with the existing managers' salaries. Mr. Johnson stated
they may be out of line now but no one knows the answer to
"how much out of line" in relationship to all the other
positions.
President Hotton stated if this requested was approved, she
hoped the Mayor would make it very clear to the seven
individuals in these positions that when the full managers'
compensation range was adopted their salary could be subject
to a drop. No promise was being made at this time.
Mr. Homing stated he felt there were some good salary ranges,
however if the City wanted to keep quality people the City
needed to be competitive with other areas. He stated he would
support this proposal.
#3193
M/S/C(Horning/Dawkins) to approve the annual salary rates as
follows:
Attorney I $31,307
Attorney II (2) 34,557
TAPE #900
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Asst. City Engineer
Community Services Mgr.
Planning Manager
Street Superintendent
44,237
41,078
41,078
43,158
Vote on motion:
In Favor: Horning, Collins, Dawkins, Overson
Estes, Horton
Abstain: Johnson, Waibel,
7A - ORDINANCE (FIRST READING) CREATING THE FIRE DEPARTMENT
CAPITAL FUND - #AD91-063
The proposed fund will be used to provide a discreet
accounting of the proceeds of the City's 1991 G.O. Bonds and
their expenditure on the Capital Assets of the Fire Department
as authorized by the voters in November, 1990.
Rich Hanna, City Treasurer, stated the fund created by this
ordinance is called a "capital project" fund and would only
exist until all the items that the voters authorized last
November would be purchased from the bond proceeds. Any
remaining balance would be applied to the retirement of those
bonds issued.
Public comment - none.
Mr. Johnson questioned if it would be appropriate to include
an emergency enactment clause to allow the department to
purchase the needed equipment at the best price? Mr. Hanna
stated an emergency reading was not necessary. Mr. Waibel
suggested including a "10 day" effective date in the
ordinance.
M/S/C/U(Waibel/Horning) to approve Ordinance, on first
reading, providing for the establishment of a fund to be known
as the Fire Department Capital Fund, including a 10 day
effective date.
7B - ORDINANCE (FIRST READING) DRUG LOITERING - #AB91-051
The proposed ordinance makes illegal the loitering in public
places for the purpose of soliciting, inducing, enticing or
procuring another to sell or purchase a controlled substance.
Circumstances which may be considered in determining whether
a person is guilty of the illegal acts described, are set
forth in the ordinance.
A conviction under this ordinance would constitute a gross
misdemeanor.
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Leila Mills, Assistant City Attorney, stated what she was
proposing was an effort to help curb illegal drug activity in
Bremerton. This would involve making it a gross misdemeanor
for any person to remain in a public place for the purpose of
soliciting, inducing, enticing or procuring a controlled
substance. This means an individual would not have to be
seen, observed or witnessed actually selling or accepting
drugs. What does have to be observed is that the person was
there for the purpose of conducting this illegal drug traffic.
Currently, the City did not have any legislation that would
make that type of activity illegal and she felt the proposed
legislation would be appropriate to help curb drug activity in
Bremerton. Circumstances to be looked at in determining
whether or not a person was in a public place for that purpose
were listed in the ordinance. She proposed a change to
Section 9.89.010 (7). to read as follows: "The area involved is
a high drug activity geographic area". She urged Council to
approve the ordinance as presented, including the suggested
change.
Police Chief De1 McNeal stated he felt this ordinance would
give the Police one more tool to use in the field when they
had an area that was causing problems for the community. He
also urged Council to pass the ordinance.
Public comment - none.
Mr. Waibel questioned how Ms. Mills would describe "furtive
fashion" under item #8? He suggested a change be made to
Section 9.89.010(8) to read as follows: "Such person
repeatedly transfers small objects or packages for currency".
Ms. Mills stated the suggested change was a possibility,
however, the only problem she saw was if a person was trying
to deal drugs in the street they may not have a lot of sales
in one evening. She was not sure, in a practical sense, if
that would occur. It was her feeling that "furtive fashion"
was something being done secretly, in a suspicious fashion,
etc. She pointed out none of the elements in and of
themselves would mean that a person was guilty under the
ordinance, but merely aspects that could be considered and the
prosecutor would have to prove that the purpose of loitering
on the street was to deal illegal drugs. President Hotton
stated she could see the word "repeatedly" deleted, but she
felt there were probably a lot of people who carried out drug
activities in very theatrical ways. She suggested striking
the wording "furtive fashion". Ms. Mills suggested wording
that sentence as follows: "Such person transfers small objects
or packages for currency.", and then leave it up to the Judge
and/or Jury to consider whether or not that would be one of
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the elements of guilt.
Mr. Estes stated this would provide a good tool for the
Police Department and questioned how the Police Officers would
be trained to enforce this ordinance so that they would not
abuse it? Chief McNeal stated he would take the Ordinance to
the various line ups and review it with the officers. It was
their intent not to harass the public, but to go to the
locations were they where having problems.
Mr. Collins suggested making one more change to Item #8...that
being dropping the wording "for currency". Under Item #9, he
questioned what difference would it make if the person had a
warrant out for drug related activity or any other cause for
a warrant, wouldn't the person be picked up just because
there was a warrant out on them? Ms. Mills stated that was
true, but it would add to the element that they were in that
particular area to conduct illegal drug activity. Chief
MoNeal stated if someone had a warrant out on them, they would
be picked up. However, it could be used as one of the
elements to allow the officer to come into a known drug
trafficking area and become involved in discussions with
others, who may also be involved in such activity at that
time. It would give the officers more ability than just
taking in one person on an outstanding warrant.
Mr. Dawkins questioned if other cities had adopted an
ordinance such as this? Ms. Mills stated the cities of Tacoma
and Seattle had similar ordinances.
Mr. Johnson stated he would not support the proposal as
presented due to the fact the legal battles over such an
ordinance in other cities had not been concluded as yet. He
felt it would tie up the City attorneys' time with litigation
over arresting on this criteria and felt the City needed to
wait and see the outcome of the cases currently being tried.
Ms.Mills stated the constitutionality of such an ordinance had
been raised in Tacoma and a Superior Court Judge ruled that it
was constitutional.
Chief McNeal pointed out this ordinance could be modified when
and if it was determined that it was not enforceable as
currently written.
Ian Sievers, City Attorney, stated usually the City prefers to
wait to see if ordinances such as these are challenged and are
upheld. In the drafting of this document a number of elements
were considered but not included that were included in other
cities ordinances that fringed on the point of
#0396
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constitutionality, i.e., associating with gang members or
wearing known gang colors.
M/S/C(Waibel/Dawkins) to approve ordinance, on first
reading,prohibiting drug related loitering and prescribing
penalties therefore, and adopting a new Chapter to Title 9 of
the Bremerton Municipal Code, including the changes to Items
#7 and #8 as follows: #7 - The area involved is a high drug
activity geographical area. #8 - Such person transfers small
objects or packages.
Vote on motion:
In favor: Overson, Estes, Horning, Waibel,
Horton, Collins, Dawkins
Opposed: Johnson
7C - ORDINANCE (FIRST READING) AMENDING THE SCOPE THE CRIMINAL
PENALTIES FOR VIOLATION OF CIVIL PROTECTION ORDERS - #AB91-064
The proposed amendment broadens the scope of the current
ordinance, making it unlawful to violate the terms of a
domestic violence protection order as well as a restraining
order issued by a court as a part of a dissolution proceeding.
Both offenses constitute misdemeanors.
Leila Mills, Assistant City Attorney, recommended the
following change: Under RESTRAINING ORDER - STATE STATUTES
ADOPTED BY REFERENCE. RCW Chapters 26.50 and 26.09.300 are
adopted by reference. And to delete the designation
"10.09,030 DESIGNATION PROCESS, which was a typing error. The
intent of this ordinance was to amend the ordinance to allow
officers to cite and enforce Restraining Orders. Restraining
Orders are orders for Superior Court issues during dissolution
proceedings. Under State law, it is a misdemeanor to violate
such an order. The City's current ordinance only refers to
RCW26.50, which is the Domestic Violence Protection Order and
did not refer to the Restraining Order in a civil dissolution
case. And, it was Ms. Mills' intent to have the Restraining
Order be enforced under the Municipal Code and that it be a
misdemeanor to violate those provisions.
Public comment -
Mr. Waibel questioned if any language needed to be added
stating "as amended"? Ms. Mills stated she did not believe
that would be necessary.
M/S/C/U(Waibel/Estes) to approve Ordinance, on first reading,
amending the scope of the criminal penalties for violation of
civil protection orders, and amending Bremerton Municipal Code
9A.32,080, including the changes as outlined above.
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7D - ORDINANCE (FIRST READING) ADOPTION OF BREMERTON MUNICIPAL
CODE "PROHIBIT FIREARMS IN CERTAIN PUBLIC PLACES"- #AB91-065
The proposed ordinance prohibits the possession of firearms in
locations including courtrooms and judge's chambers during
judicial proceedings, and in bars and taverns.
Leila Mills, Assistant City Attorney, recommended the
following change: under Section 9A.24.220(a) It is unlawful
for any person other than a Law Enforcement Officer, to enter
the following places when he or she ..... ". When the ordinance
was first submitted, it did not take into account the Court
Room was often the place where Police Officers were required
to testify and they would have their guns on them. Similarly,
if Police Officers were on patrol and had the need to enter a
tavern they would also be armed with their weapons. Ms. Mills
pointed out the tension that could be evident during a court
room proceedings and the possibility of an individual being
under a nervous or angry condition would not lend itself to a
more calm situation of their carrying a weapon and could pose
a threat to those within the court room area. Secondly, the
situation of an establishment classified by the State Liquor
Board as off limits to persons under 21 years of age, if the
person was drinking and had consumed alcohol there was the
possible they would not exercise the same responsibility and
sane sense they might have exercised if they were sober. It
would be a precautionary and safer environment not to permit
fire arms in those situations.
Police Chief De1 McNeal stated his support of this ordinance.
Not long ago, in the Judge's Chambers, the Judge had a
microphone thrown at him and had the person been carrying a
weapon it might have been a more violent situation.
Public comment - none.
Mr. Overson questioned how this would affect people who had a
permit to carry a concealed weapon? Chief McNeal stated there
was no provision in the Ordinance or State Liquore law,
however, it was preferred to not have guns in taverns and when
people apply for a concealed weapons permit they are informed
of the ordinance that restricts carrying guns into taverns.
As Ms. Mills stated, after someone had been drinking alcohol
they do not think the same way as when they were sober and it
could present a danager to the public. Mr. Overson stated to
his understanding the major injury problems in a tavern come
from people wielding knives, not people shooting off guns. He
questioned if restricting carrying knives should be included
in the ordinance? Chief McNeal stated pool cues could also
become a dangerous weapons. He noted "dangerous weapons" was
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another way to approach the problem and theoritically if
someone was carrying a large knife and concealed it on their
person they would be in violation of State Concealed Weapons
law. One problem with knives is that there is no law where
knives are regulated.
Mr. Estes questioned if City buildings should be included to
protect elected officials as well? Ms. Mills stated her only
concern was that it is a right for someone to carry a fire
arm. She suggested doing further research on this issue and
determine whether or not City buildings could be included
without taking away someone's right to carry a weapon, if
properly permitted. Mr. Estes questioned if the Council
Chambers could qualify as an area to protect? Ms. Mills
stated she would research further to see whether or not it
could be included. Mr. Hornlng encouraged Ms. Mills to
research this issue as there had been Council members and
Mayors killed in similar situations. This Council had been
threatened this calendar year and he took this as a serious
situation. Ms. Mills stated she would give this serious
consideration and the reason she only addressed the Judge's
Chambers and taverns was due to the RCW's stipulating four
situations where fire arms were prohibited, which contained
these two plus two referring to mental institutions.
President Hortonquestioned for clarification if Council added
something to the ordinance at this time but deleted it during
second reading, would that be changing it to the point of
requiring a first reading again? Ian Sievers, City Attorney,
stated he did not believe that would affect the second
reading. Mr. Johnson questioned if the State Legislature had
any ruling such as this and felt including City Council
Chambers when Council or other boards or commissions were in
session would be appropriate. Chief McNeal stated he would
encourage, if Council wished, to added in that context. He
did not want to put people, who had the proper permit to carry
a concealed weapon, in jeopardy of having them in violation if
they just walk into City Hall to conduct business, such as
renewing their concealed weapons permit. Mr. Dawkins
questioned if the Planning Commission hearings could be
included? Ms. Mills stated she would include that in her
research.
Mr. Johnson encuraged Ms. Mills to include in her research any
place that an official city public meeting. was being
conducted.
M/S/C/U(Waibel/Collins) to approve ordinance, on first
reading, with the modification of 9A.24.220(a) and
modification as follows to 9A.24.220(a)(1): "A courtroom or
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judge's chamber, while either is being used for any judicial
proceedings or the City Council Chambers when it was being
used for any Council or official City Board or Commision
proceeddings ..... ".
7D - ORDINANCE #4307 (SECONDREADING) CLASSIFICATION FORNEWLY
BUDGETED POSITIONS - ORDINANCE AMENDING THE MANAGEMENT AND
PROFESSIONAL STAFF COMPENSATION PROGRAM - #AB91-045
A new classification of Water Quality Manager has been added
to the Management and Professional Staff group and needs to be
included in the listing contained in 2.50,020 (a)
Applicability.
Public comment - none.
#1081
M/S/C/U(Dawkins/Estes) to pass Ordinance #4307, on second
reading, amending the Management and Professional Staff
Compensiation Program by additng a new classification of Water
Quality Manager to the Management and Professional Staff group
and amending Chapter 2.50,020 of the Bremerton Municipal Code.
Vote on motion:
In Favor: Overson, Estes, Horning, Horton,
Collins, Dawkins, Johnson
Abstain: Waibel
7G - ORDINANCE #4308 (SECOND READING) AMENDING THE OFFICIAL
ZONINGMAP FOR A 20-ACRE PARCEL WEST OF ALMIRADRIVEANDSOUTH
OF RIDDELL RD. (REDICORP REZONE)- #AB91-053
On February 27, 1991, the Bremerton City Council conducted a
public hearing to consider written information, the Planning
Commission's recommendation, and public testimony pertaining
to a request by American Redicorp Inc. for approval of a
rezone of a 20-acre parcel at the intersection of Almira Drive
and Riddell Road.
Mike Hancock, representing Redicorp Inc., reported the
preliminary site plan for the project had begun and they had
their first preliminary meeting, on March 12, with a group of
representatives from the neighborhood, i.e. Mr. Cannady of
Petersville Road, Mr. Buehler of Vue Court, Del Knauss of
BACON and A1 Mercer from Hollis Street. This meeting was real
productive and they addressed all of the issues that were
brought out in the original proposal and they are planning
another meeting with the neighborhood representatives next
week. Mr. Pratt requested that a member of staff be present
at their future meetings to help facilitate the process and
answer technical questions.
Mr. Estesquestioned if there was any possibility of excluding
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any ingress or egress on Almira Drive? Don Pratt, Director Of
Community Development, stated there were a number of issues
being discussed and entry ways were part of that discussion.
He felt it was unlikely that there would be no ingress or
egress off Almira Drive. It was their belief that other
things could happen on Almira Drive that could address some of
the problems that were there whether or not the project was
built.
Mr. Johnson thanked the developer for his comments and noted
it was that kind of dialogue that makes quality things happen.
He felt it was very important that the neighbors of the
project have an opportunity to give input on the design of the
project, particularly those relating to the noted concerns.
#1171
M/S/C(Waibel/Overson) to pass Ordinance #4308, on second
reading, amending the Official Zoning Map of the City of
Bremerton from "SF-3" to "MF" on a 20 acre parcel southwest of
the interesection of Almira Drive and Riddell Road.
Vote on motion:
In Favor:
Overson, Horning, Waibel, Horton
Dawkins, Johnson
Opposed: Estes, Collins
71 - RESOLUTION #2339 AUTHORIZING IMPREST CASH BALANCES -
#AB91-067
City departments are currently using imprest cash accounts in
an aggregate amount near the limit authorized in 1986 through
Resolution No. 2108. This Resolution will provide authority
to increase these accounts from time to time as necessary.
These funds are used by the various City departments as
indicated on the attached schedule for incidental expenditures
and for change making.
a resolution setting the aggregate amount of these accounts is
required by statute.
Rich Hanna, City Treasurer, stated impress cash was fixed
balance accounts that are held by various employees of the
City to be used as either Petty Cash or change making purposes
by the cashiers. There is a rather obsecure State statute
that requires the balance of these accounts be set by the
legislative body through a Resolution. In the past, this was
a rather burdensome process because each individual Petty Cash
Account and change making account was established by a
separate resolution and in 1986 this process was simplified
by the Council giving an aggregate authority not to exceed an
amount of $20,000. Because of changing circumstances and more
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business going on with City government, they were getting very
close to that upper limit. Therefore, he requested that
Council authorize that aggregate amount to be up to but not
exceed $30,000.
Public comment - none.
Mr. Overson stated in his opinion that would encourage bad
accounting and he preferred that it be refreshed more often.
Mr. Collins stated he agreed with Mr. Overson in that it
seemed there were two revolving accounts involving $5,000
each, which was a lot of money to just be revolving. He could
see the use of impress funds for use of a lot of things but
felt there should be one significant place, in the hands of
the treasurer, where these funds are located.
President Hotton pointed out the increase in inflation had hit
most everything, including these accounts and Council needed
to be cognizant of that situation.
Mr. Dawkins questioned if the $5,000 accounts provided for an
accounting of the funds before they are spent? Mr. Hanna
stated yes, but after the funds had been expended. He
referenced the Senior Center's revolving account that was used
to put together trips for senior citizens. Typically the way
this worked was that the trip is fully funded by the user
charge passed on to the people participating in the trip. He
noted this particular account could grow greater than $5,000
if the Senior Trip program was successful in putting together
a tour to Hawaii. And, he pointed out the State Auditors
audit these accounts on an annual basis and as of this date
there had been no problems identified through those audits as
long as Mr. Hanna has been with the City.
Mr. Homing stated he supported keeping the limit at $20,000
with one exception. If the senior program worked out, he
suggested they come back to Council and request an adjustment.
He also was concerned with the SIU fund not being sufficient
and he suggested raising it to $25,000. He would support
going to $25,000 but not $30,000.
Mr. Johnson stated he was not in favor of increasing the SIU
fund and did not feel $30,000 limit was out-of-hand.
Mr. Hanna stated the whole thrust of adopting this in an
aggregate amount, as done in the past, was to get away from
requiring a Council action on each individual Impress
accounts.
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#1509
M/S/C/(Horning/Waibel) to approve Resolution No. 2339, setting
a limit of $25,000 for impresss cash accounts.
Vote on motion:
In Favor: Estes, Horning, Waibel, Hortonl,
Dawkins,
Opposed: Collins, Johnson, Overson
Councilman Russ Johnson left the meetingat 9:54.
7H - ORDINANCE #4309 (SECOND READING) REVISING TITLE 15 OF THE
CITY OF BREMERTON MUNICIPAL CODE - #AB91-054
The Utility, in order to maintain compliance with recently
enacted Federal and State regulations regarding the management
and operation of municipal utilities and in response to the
City council's Statement of Legislative Intent, has updated
Title 15 of the Bremerton Municipal Code.
The revisions include new sections in response to the Federal
Safe Drinking Water Act Amendments and to the Federal Clear
Water Act which provides for the delivery of safe drinking
water supplies to the community and the treatment and
discharge of wastewater. The revisions also include a new
program for the management of stormwater.
Additionally, the Code has been reformatted into various
sections to include but not limited to Administration, Water,
Wastewater, Storm and Utility Billing in order to allow for
increased flexibility and understanding of the Code.
Drafts of Title 15 have been distributed to Council members
and to City staff. Two Council Study Sessions were held to
solicit comments with respect to the revisions.
The revisions together with comments have been reviewed and
incorporated into the Code by the City Attorney.
Mayor Louis Mentor explained the need to implement a
Stormwater program due to the City being mandated by the State
and Federal water quality management. This was the first step
in taking care of two large issues: (1) improvements to sewer
system on Park Avenue; (2) Keen Street and Rodgets Street
flooding problems. He pointed out a change under Section
2.16.010, last sentence..."The Department shall be
administered by the Utilities Director who shall be appointed
by the May subject to Council confirmation; and under Section
2.16,020 AUTHORITY OF THE UTILITY - deletion of the part
stating the Director would assemble necessary staff as that
would be handled by the Personnel Department; under Section
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2.16,020(a) a change was made so that it would read: "Adopt
standards, rules and regulations specifically allowed by this
title. "' and the following sentence eliminating the word
"rates" as that would be under the jurisdiction of the City
Council, not the Utilities Director.
Bill Dully, Utilities Director, outlined the following changes
made after first reading of the ordinances:
Under Section 15.07.030 - ACCOUNT MAINTENANCE, some revisons
were made that will mitigate some of the concerns regarding
duplicate billing and responsibilities of billing.
Under Section 15.07,040 BILLING STATEMENT - this sets a
precident in regard to collection of fees and prioritization
of accounting for those fees.
Under Section 15.07.050 -BILLINGAND DUPLICATE BILLINGS - Mr.
Duffy noted the billing statements would be mailed to the
address requested by the property owner. A duplicate billing
sent to a different address was addressed as well as the
charge for such such billing processing.
Under Section 15.07,070 - DESIGNATED AGENTS - there was a
requirement for a notary and after discussing this with the
City Attorney it was determined that only the proper form
needed to be filled out and signed by the owner.
Mr. Duffy handed out copies of sample water bills, noting the
appeals process was printed on the form for the benefit of the
tenant or landowner.
Ian Sievers, City Attorney, pointed out a change in the appeal
process, i.e., adding the word "tenant", due to existing case
law that states utilities are property inate. Also, he added
the effective date section on second reading because it was
part of Councilman Johnson's motion that the effective date of
the ordinances be 10 days after passage. He noted this may
create a problem in that the rate Resolution was extended to
the end of March, and this ordinance repeals the current title
that includes rates and fees, the City may be out of sync.
Field Rvan, Director Of Finance & Operations for Bremerton
School District, stated they did not have a particular concern
on the ordianance, but they were concerned with the fact if
the ordinance was adopted a fee schedule would follow. It
appears that the ordinance would set the fee schedule in place
prior to the time anyone would know the cost to implement the
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ordinance. They want to know what it will cost the General
Fund of the School District in operating costs for this type
of program. They did receive a preliminary draft of what
could be the proposed ordinance and it was their
interpretation that it could mean an additonal cost of $10-
30,000 to the School District. They were not sure that was
correct and he questioned Council if they knew what the affect
would be on the different user categories? President Hotton
explained Council would be holding a Public Hearing on water
rates on March 27. Mr. Ryan suggested Council look at the fee
schedule at the same time the ordinance was adopted or delay
adopting the ordinance until further study had been given to
the proposed rate schedule. Upon review of the materials
available, he could not find a category indicating "schools"
and if calculations were based on square footage it became a
concern due to the fact that the High School alone had 193,000
sq. ft., and approximately 66,000+ sq. ft. was in roof and
twice that in parking area. And, the Middle School was
probably greater in square footage than the High School.
Mayor Mentor stated he did felt the City had to move forward
and pass this ordinance no matter what. The fees are a
separate issue, however, the City was being forced to move
forward on issues relating to Federal and State water quality
laws.
M/S/F(Waibel/Horning) to table the second reading of the
ordinance until a Saturday Study Session could take place in
order to coordinate all of the concerns addressed.
Vote on motion:
Motion failed.
In Favor: Horning, Waibel, Collins,
Opposed: Horton, Estes, Overson
Abstain: Dawkins
Mr. Homing stated he had reviewed the proposal very closely
and he had major problems with the way it was presented and
did not support approving the ordinance without further study.
He supported the idea of holding a separate Study Session to
go over each item of concern. President Horton pointed out
Council had already held at least one Study Session and she
did not support a delay of action at this time.
Mr. Overson stated the ordinance was flexibible and could be
changed. He believed that the payers of the existing system
were supporting people like the schools, recognizing that
there could be an impact on the schools. The intent of the
new Stormwater System was to separate out the stormwater from
the sewer treatment system.
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President Horton stated Mr. Duffy had indicated to her that he
wished to treat this ordinance in the same way the Zoning.
Ordinance was handled -it was passed in total, identifying
areas to review through a Corrections of Errors process. Mr.
Waibel pointed out if approved at this time there would be no
income due to the lack of a rate structure. Mr. Sievers
suggested a change to the Effective Date section as follows:
"Section 4. Effective Date. This ordinance shall become
effecitve ten (10) days from passage and publication or the
effective date of a Resolution adopting fees and rates,
whichever is later".
Mr. Homing stressed the importance of giving people the
opportunity to speak up on this issue.
#2288
M(Dawkins/ ) to pass ordinance 4309, on second reading.
Motion died for lack of second.
#2307
M(Waibel/ ) to adjourn the meeting.
President Hotton announced as Council President she would
schedule a Study Session on Monday March 18, 6:00 PM at the
Water Utility Office.
With no further business meeting adjourned at 10:15 p.m.
KATHLEEN L. McCLUSKEY, ~ Clerk
LY~NHORTON, Council President
City of Bremerton
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