HomeMy WebLinkAbout09/13/89 TAPE ~671 UNAPPROYED DRAFT
CITY COUNCIL MEETING MI~UTES
SEPTEMBER 13, 1989
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, September 13, 1989 at 5:30 p.m.,
with Council President Spencer Horning. Council members present
were: Lon Overson~ Shirley Marry Crutcher, Lynn Horton, Hank
Waibel, Morrie Dawkins, C. R. "Tiny" Collins, A1 Colvin and Russ
Johnson. Also present were City Attorney Ian Sievers and Deputy
City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Horning and Invocation was given by Councilman A1 Colvin.
CONSENT AGENDA
A. Central Valley Road Transmission Main improvement Project -
Contract $3103, $AB89-254
023 M/S/C/U(Waibei/Collins) to approve Consent Agenda as presented.
CLAIMS/WA~KANT 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 which
has been made available to the council.
038 M/S/C/U(Colvin/Waibel) on September 13~ i989, the Council does
approve for payment those vouchers included and further described
as follows: 45555 through 45658 in the total amount of $253~813.11.
COUNCIL MEMBER REPORTS
Mr. Crutcher reminded everyone about the Mayoral candidates forum
at Olympic College on Thursday, September 14.
Mr. Waibel reported early today there was the signing of a very
significant document at the Court House - making the City of
Bremerton the only program outside of the State of California with
Pacific Bank for low income housing loans. And~ fire calls during
the month of August- 1989 were 45 less than August-1988, however,
aid calls for August 1989 were up about 45 over August 1988.
Mr. Johnson reported on September 8 the City of Bremerton sponsored
a trip to the City of Portland~ Oregon and Clackamas Community
College to specifically look at initiatives being taken in the
Portland area regarding recycling oi plastic materials. They met
with representatives of AMACO Oil, had a Council For Solid Waste
Solutions hosted tour of a recycling plant where they saw seven
types of plastic coming in via semi-trucks and going out in boxes.
Basically, they ta~e everything from plastic bags, egg crates, pop
bottles, soap and shampoo bottles (sorting them by kind), grinding
them all up and processing to come out like little peas and boxed.
The resulting product is sold throughout the world. Examples of
products produced from the recyclable materials were provided~ such
as a yoyo and they saw a number of applications of the product.
Since that trip, there has already been a business response about
the possibility of locating such a business in the Bremerton area.
Mr. Johnson announced the City did not receive the large grant
which was submitted in conjunction with Kitsap County and Brem-Air
Disposal, Inc., to do a comparison project on curb side recycling
and drop off box recycling. The remaining grant application for
funding assistance to the EDt %c develop recycling in Bremerton has
not been awarded as of this date.
Earl Smith Director of the Economic Development Council of Kitsap
County~ read into the record a letter of commendation to Michael
Bond, Council Legislative Intern, for his efforts on behalf of
Bremerton and Kitsap County. Mr. Smith stated it is neat to know
TAPE #671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 2 of 11
there are young people like Mike working for the betterment of the
environment and community. Mr. Johnson presented Mike with a
Certificate Of Appreciation, which reflected his exemplary
performance in the areas of solid waste management, Council
computer Bulletin Board System, promoting economic development and
improving citizen communication. His efforts improving the
Bulletin Board System to the point where it is being used as a
model for improved community dialogue no~ only in the State of
Washington but throughout the United States and Canada. Mike Bond
stated how much he appreciated the opportunity to work for the City
Council for three summers and had gained both experience and
knowledge in the workings of municipal governments. And, since his
recent experience in China he is much more appreciative of the
rights and freedoms being a citizen of the United States. He hoped
the Council would continue the Legislative Intern program, giving
other students the opportunity that he was privileged to
experience. He thanked Merilynn Erhart, Legislative Assistant for
her assistance and guidance. And, he is deeply indebted to the
City Council for this incredible opportunity.
Mr. Colvin stated he also is more appreciative of the U.S.
government after his observation of a Communist government. And,
he thanked Mike for insisting that he participate on the tour to
Portland to view the recycling programs. He was amazed at the
application of such recyciable plastics being used as 1/2 of a
bridge being built. He noted the life expectancy of the plastic
lumber was 500 years. During the tour he learned that recycled
paper products cost more right now than those produced out of raw
material.
Mr. Homing noted the signage of the document for low income loans
is another step bringing affordable housing to Bremerton.
Mr. Johnson introduced Ms. Margaret Norton-Arnold, representing the
National Association of Plastic Container Recovery (NAPCOR), who
will discuss current activities on plastic recycling. Ms. Norton-
Arnold handed out a more detailed information packet to each
Council member. She explained the Seattle firm she works for.
O'Neil & Co., is the official representative for NAPCOR in the
State of Washington. NAPCOR is particularly interested and
committed to PET (plastic used to make soft drink bottles and
liquor bottles) plastic recycling. There about 6 million pounds
of PET sold in Washington every year. Since February of 1989,
NAPCOR has been very active in Washington guaranteeing a market so
the public can bring their plastic soft drink and liquor bottles
to buy back centers and receive 8 cents per pound - the centers
themselves get an additional 8 cents per pound and processors at
the top getting 24 cents per pound for the material. The program
has worked very well - they have recruited 60 buy back recyciers
throughout the state to participate, in seven curb-side recycling
programs and in four different landfill recovery operations.
NAPCOR has been actlve in Bremerton - working with Peninsula
Recyclers, who are pulling in some substantial volumes of plastics
from their customers. They also have a drop site at Bangor where
they have collected quite a large amount of materials.
since February, 1989, 65,000 pounds of PET have been recycled
throughout the state - that is about 520,000 soft drink bottles.
PET is used to make polyester fiberfiii for ski jackets, carpet
fibers, distributor caps and Proctor Gamble is currently
experimenting using it in a container. Industry is moving in the
direction to manufacture products that can be used over and over
again.
Ms. Norton-Arnold stated she looked forward to working with the
TAPE #671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 3 of 11
City in any way to promote industries producing products.from
recyclable materials.
Mr. Johnson stated if you do patronize Peninsula Recycling they
will provide a giant plastic bag to collect plastic bottles.
Mr. Overson pointed out the Unity Church on Trenton Avenue has
receptacles for plastic bottles and aluminum cans.
President Horninq introduced Earl Smith, Director of the Economic
Development Council of Kitsap County. Mr. Smith stated the
Economic Development Council (EDC) was under contract with the City
for professional services with Don Pratt~ Director of Community
Development being the manager of that contract. Mr. Pratt
requested five tasks from the EDC as follows:
(1) Annually upgrade the industrial site inventory and update
community profiles, which are sent to Olympia and from there sent
out to businesses looking for places to locate or relocate. This
information has been translated into Japanese for those inquiries
coming from Japan.
2. EDC to report on local Federal contracts that local small
businesses are eligible to pursue. Since July 1 to August 31 the
EDC has put small business in contact with 2,088 possible
government contracts. They actually submitted 69 bids with 35
being awarded and kept $2,298~000 in Kitsap County.
3. Quarterly report on the names of businesses the EDC has
assisted. In the last quarterly report (April I to June 30) they
had assisted 270 business, taught four small business courses of
which the average number o~ businesses attending was 43.
4. Market Bremerton - Mr. Smith pointed out that Flagship '89 is
doing more marketing o~ Bremerton than ali the rest put together.
Two Flagship Committees, which Mr. Smith serves on, which are
particularly well done are: (1) the Education Committee and
Olympic College's effort to bring the Two-Plus-Two Program to
Bremerton: (2) Naval Ships Museum - USS Turner Joy project to the
Bremerton downtown waterfront. Mr. Smith noted the effort by
Connie Devaney and Clyde Strickland in writing a $347,000 EDC
grant. This grant has been placed on the gl priority list.
E~forts being taken to promote recyclabie materials manufacturing
in Kitsap County is a plus and Mr. Smith noted Councilman Johnson's
leadership in this area. The Bremerton story that will happen at
the Bremerton Summit - to be held on September 26, will also
provide a very positive benefit for Bremerton. Four Hundred
letters of invitation have been sent out for this event with 225
representative of people in Bremerton look~.ng at where they think
Bremerton should be going and then integrate that into what is
already being done.
5. Monitor the level of business activity in Bremerton - EDC has
been working with the City clerk on this issue and a report will
be forthcoming very soon.
Mr. SMith noted there are many individuals as well as organizations
wanting to help Bremerton.
Mr. Overson requested Mr. Smith to come up with some ideas for
"incentives" to attract business. Mr. Smith noted that he and
several others will be attending a week-long conference, in
Ellensburg, on "City Revitalization". One whole day of the
conference is dedicated to discussing funding and incentives.
Mr. Colvin questioned if there are any negatives in the City's
TAPE #671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 4 of 11
manner of operating - is there anything keeping developers coming
into Bremerton? Mr. Smith stated one of the things the City is
doing to improve conditions is putting together a one-stop permit
center.
PUBLIC RECOGNITION
Gil Johnson, Deputy City Clerk, read a Proclamation describing the
D.A.R.E (Drug Abuse Resistance Education) program, the ages of
young people it targets and the wide spread use throughout the
United States. Mayor Gene Lobe proclaimed SEPTEMBER 14, 1989, as
D.A.R.E. DAY in the City of Bremerton. Police Chief Del McNeal
stated he believes the D.A.R.E. Program is one of the greatest
programs he has seen developed in his 20+ years of law enforcement
experience. The City has an officer who goes into the schools and
presents it to the young students, eats lunch with them and is out
on the playground with them. This program is having an impact.
President Homing announced Item 6C has been pulled from the Agenda
for one week and Item 7B has been pulled for two weeks. And~ there
will be an EXECUTIVE SESSION immediately following the Council
meeting - topic to be discussed: "Agency Enforcement Action".
Del Knauss, Bremerton, stated he had canvassed Councilman Horning's
district this past week and collected 113 signatures opposing the
sale of Roosevelt Field. The petition read: "We, as citizens of
Bremerton, Council District ~8~ are opposed to selling Roosevelt
Field for any reason because 1) this 7 acre park in the heart of
Bremerton makes up 1/3 of the total parks acreage in that area and,
once it is gone it will be gone forever. 2) it would set a
precedent for selling parks land in the future. 3) Olympic
College has other options than Roosevelt Field to use for their
future parking or expansion.
6A - LEASE/PURCHASE OF 286 4TH STREET BUILDING FOR USE AS PERMIT
CENTER, ~AB89-255
Building, Planning, Community Services and Engineering Departments
are all experiencing problems at their current locations.
Building, Planning and Community Services are overcrowded.
Engineering Department location requires major remodel to ensure
a safe, practical working environment. A comparison of the
alternatives studied has shown the purchase of 286 4th Street is
the most economical method of providing a new space for these
remote departments, providing a central permit center for our
citizens~ while heiplng to revitalize downtown Bremerton.
Richard Mumma, Building Official, briefly reviewed the reasoning
behind consolidating several departments and relocating in the
downtown area...crowded conditions, lack of handicapped access to
the Community Services Department and building deficiencies in the
Engineering Department facilities which would require correcting.
In addition to these problems, there was a desire voiced by the
City Council and many citizens that a one-stop permit center be
developed and to making it more convenient to City Hall.
A number of options were investigated...constructing a new building
(cost prohibited): leasing of existing space in and around City
Hall (less expensive than new construction but cost prohibitive and
City would not own building so all investments into the facility
would be lost if the City vacated). An opportunity arose when the
Utility Department traded 286 4th Street (old Puget Power Building)
for land that the City owned. Discussions were held with the
Utility Director as to the possiDility of the Utility Department
doing remodeling of the building and the City purchasing the
facility. A study and cost analysis was undertaken to determine
costs to bring the building up to Code and requirements specified
by the Departments that would be utilizing the facility. He noted
there is more than sufficient room for all the departments to use
TAPE #671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 5 of 11
as well as storage.
George Allen, 1300 NE Dawn Rd., questioned if anyone had looked
into the issue as to whether or not this building is connected to
City sewer and is the City out of compliance with the City Charter
due to the fact the City Engineering Department is located outside
of City Hall? Mr. N,]mma and Bill Dully, Utilities Director, stated
they were not aware of any problem with the sewer. ~an $ievers,
City Attorney, stated he would look into the Charter compliance
issue.
Mr. Waibel questioned what other departments are located in the
same area as the Engineering Department? Mr. Mumma stated the
Communications shop is currently located in the same area as
Engineering. Investigation has been made into the possibility of
moving that shop to another location so the City could abandon the
Engineering building. Mr. Waibel stated he did not want to see the
City putting money into a new building without some way of cutting
losses. Mr. Mumma stated in their planning they wanted to offset
the cost of the new building by eliminating the cost of the space
currently occupied by the Engineering Department. During
discussions it had been proposed to move the Communications shop
to the old Capital Hill Fire Station and in with the Maintenance
shop. He noted there appears to be adequate work space and storage
areas. Mr. Waibel stated he would like Council to mandate the
evacuation of the building currently housing Engineering as a part
of this process.
Mrs. Horton stated as she recalls the last time this item was
before the Council the City was talking about a lease arrangement
rather than purchase - why is the City now desirous to purchase it
now and what is the annual cost? Mr. Mualma explained it is a
lease/purchase over a 10 year period and would be the same cost as
a lease but at the end of 10 year period the City would own the
property, so it would be an investment in the building with
ownership. The cost is about 14 of the value of the building and
remodel the Utility's Department will do and comes to a total of
$15,000 per year.
Mr. Dawkins questioned how soon would the building be ready for
occupancy? Mr. Mumma stated he had not talked with any of the
contractors yet but he anticipated occupation before the first of
the year.
Mr. Collins questioned what the City's General Fund costs will be
to move into the building? Mr. Mumma explained the cost to the
City will be $14,485.00 plus the annual lease/purchase fee of
$15,000. Mr. Collins questioned what was included in the $132,750
figure shown on the cost analysis? Mr. Mum~a stated $132,750 is
the cost of the building plus the cost of remodeling that the
Utility Department is offering. They will recover that cost
through the annual payments made by the City to them over a 10 year
period.
Mr. Johnson stated in regard to the potential movement of the
Communications Department to the old Capital Hill Fire Station -
he cautioned to be sure of the zoning before any action is taken.
Mr. Colvin questioned how much space would be abandoned and how
much space would be gained? Mr. Mumma stated the City would be
gaining 9,000 feet - 8~000 ft. will be used for office space and
the rest used for storage; and the City would be abandoning
approximately 12-1500 feet (Planning and Building Department) and
2400 feet in the Engineering Department space. Mr. Colvin noted
one redeeming fact is this proposal will bring more people
downtown.
TAPE #671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 6 of 11
670 M/S/C/U(Crutcher/Dawkins) to approve the lease/purchase of the 286
Fourth Street building for conversion to a Permit Center.
6B - FIRE DEPA/~TMKNT'S BUDGET ADJUSTMENT, ~AB89-256
This budget adjustment has been necessitated by the overtime
situation in maintaining the manpower level at eleven per shift and
keeping two paramedics on duty as part of that eleven-man minimum.
Two unbudgeted disabilities and subsequent payoffs of leave
balances caused an even greater strain on the overtime and total
Department budget.
Rich Hanna, City Treasurer, stated he was not pleased to have to
bring this proposal to the City Council, however, it is necessary.
He noted the two primary causes for the request are two disability
leaves the Fire Department has experienced, neither of which was
budgeted for and the necessity of sending three new fire
fighter/paramedic personnel to training subsequent to their hiring
and being allowed to participate in rendering of services.
Mayor Gene Lobe briefly outlined the previous request by Fire Chief
Leonard Marks to provide needed staffing of 11 men per shift and
using overtime to accomplish this due to the absence of the three
new fire fighters. The Fire Departments budget is $150,000 short
to make the balance of the year to maintain the current level of
staffing. He pointed out there are two options: (1) approve the
requested budget adjustment; (2) reduce expenditures through
reduction of personnel. He felt the second option would be unwise
and detrimental to both the department and public services. He
noted that a "red flag" over the budget was not visible until the
end of June 1989 expenditure print out. He contacted the
Department over this issue and the their staff explained that
during some months there are greater expenditure which may decrease
the next month...thereby balancing the level of expenditures. This
was not the case when the next month's expenditure print out was
produced. Mayor Lobe recommended that Council approve the $150,000
and will be taken out of carry forward dollars, which will reduce
the amount of funds available for 1990.
Mr. Waibel stated it is the City's job to anticipate the
unanticipated and about this time last year discussion was held on
alternatives to budgetary shortages, one being to shut down one of
the three fire stations and move to a two fire station City, which
would save a lot of man hours and allow a budget with reserves.
At that time, the Fire Chief stated the City did not have to do
anything that drastic and if any such problems did arise it would
be brought to the Council's attention. Now, at this point, the
money has already been spent and savings cannot be made by cutting
back man hours.
Mr. Collins stated for the past three successive years he has told
the City Council and Treasurer there is not way the operating line
manager can control personnel costs within the cost of direct
labor. But. the City continues to budget on the operating line
manger these other costs...labor, increased cost of labor because
of Union, increased cost of labor caused by retirements/disability.
These are costs that should be borne by the City in a special fund
and there should be enough history that will predict how much it
will cost the City to do this.
Mrs. Horton questioned if there are any elective purchases coming
up between now and the end of the year? Mayor Lobe stated he has
given instructions to Acting Chief Meigs that no expenditures other
than absolute must i.e., salaries, utilities, etc.~ be expended.
Mrs. Horton stated the only way she would support this request
would be to put a total freeze on elective spending, and she
requested that it be included in the approval of the budget
adjustment.
TAPE #671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 7 of 11
Mr. Johnson pointed out that it is either the Police or Fire
departments that get caught in the disability/retirement costs and
as far as he is concerned during the 1990 budget process attempting
to run a department on overtime will not be negotiable.
Hr. Collins questioned if the Council was giving direction to the
City Treasurer to take non-direct costs out of the operating
departments budgets for 19907 Mayor Lobe stated the budget process
is underway and staff will be before the Council to discuss
options.
President Homing questioned if there was something that is
additional in the current budget that is going to cause any
problems or are aware of anything they could not spend on to reduce
their loss? Mr. Hanna stated no - beyond the personnel costs the
services and supplies include the utilities and miscellaneous
office supplies to run the department, emergency communications
(CenCom), etc. In terms of discretionary funds there is an
extremely small amount of money and most of the capital
expenditures for the Fire Department, as well as the other
departments of the City, are in the Transportation or General
Facility Departments' budgets.
611 M/S/C(Crutcher) Dawkins) to approve the budget adjustment to
compensate for excessive costs of overtime and unanticipated
disability retirements.
Mr. Johnson noted he hoped that any freeze on spending would
include discretionary travel excluding any mandatory training.
640 M/S/C/U(Horton/Collins) as an amendment to the motion to place a
freeze on any elective spending between now and the end of 1989,
for the Fire Department.
Vote on original motion:
In Favor: Overson, Horton, Horning, Waibel, Collins, Dawkins,
Colvin, Johnson
Opposed: Crutcher
8A - PUBLIC HEARING - FOR APPLICATION FOR REZONE FROM MULTI-FAMILY
{MF} TO PROFESSIONAL OFFICE (PO); APPLICANT: LES FOWLER; LOCATION:
2755 CLARE AV~uNUE, tAB89-257
On July 18, 1989, the Planning Commission voted 8 to 0 (unanimous)
recommending conditional approval of the proposed rezone for the
one lot located at 2755 Clare Avenue. The City council is required
to hold a public hearing and act on the Planning Commission's
recommendation.
President Horninq asked the "Appearance of Fairness/Conflict of
Interest" question with all Council members being seated.
Jack Allingham, Planning, provided view graphs and slides showing
the location of the subject property - immediately adjacent to
Clare Avenue from Warren Avenue Bridge. Some of the surrounding
land uses in the area are a church, Olympic Peninsula Kidney
Center; and is immediately north of the Bremerton Convalescent
Center. Immediately adjacent to the site is a residential
structure, which is a duplex.
Currently, the subject property is zoned Multi-family (MF} and
directly across Clare Avenue to the east is a General Business (GB)
zone and a small triangular patch north, which is actually in the
Warren Avenue Bridge right-of-way, is zoned Parks and School (PS).
Across Warren Avenue to the west there is more residential zoning.
The Comprehensive Plan designation of the site shows it to be on
TAPE #671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 8 of 11
a fringe area between the commercial zoning designation and high
density residential zoning designation. The Planning Commission
reviewed the Comprehensive Plan, its goals and policies and they
concluded this rezone is consistent with the Comprehensive Plan.
Mr. Allingham provided a view graph showing the Assessor's Plat map
as the property exists - there is a small portion of frontage on
Clare Avenue right-of-way, the Warren Avenue corridors right-of-
way borders on three other portions of the site. At the time staff
reviewed this rezone application, it considered the recommendation
to the Planning Commission of incorporating the property next door
in the Professional Office (PO) zoning district, however, the
property owner explained to the Planning Commission they were not
in favor of the rezone. Therefore, the Planning Commission's
recommendation does not include this parcel.
Based on the record developed, the Planning Commission recommends
approval of the rezone application based on the following
conclusions and conditions:
A. The rezone is consistent with the Comprehensive Plan.
B. Conditions in the vicinity have changed, supporting the rezone.
C. The rezone has a substantial relation to the public welfare.
D. No adverse environmental consequences will occur should the
Engineering Department review and approve access to any future
development for the site.
E. Condition of Approval:
Access to the subject property shall be approved by
the Engineering Department.
James Fart, 1032 32nd Avenue E., Seattle, WA, representing Eliza
Farr who owns adjacent property to subject property. He stated if
the rezone is approved it will increase the property value thereby
increasing taxes and this would present a hardship on Ms. Farr.
He expressed concern as to access to the subject property if it was
used as a professional office and felt access was limited and with
a curve radius. In his opinion, this would create a traffic
hazard. Therefore, he urged the Council to deny the rezone
request.
PE ~672
Tom Baines, Summit Avenue, expressed concern about traffic safety
and felt the proposal was poorly planned.
Mr. Colvin questioned if Mr. Farr was correct that the adjacent
property would increase in value if the rezone was granted? And,
if it did he was not in favor of the rezone. Also, he believes
that the traffic pattern presents a hazard for ingress and egress
from the subject property.
Mr. Waibel questioned if Clare Avenue was one-way at that location
as well as traffic moving north feeding into Clare Avenue? Mr.
Allingham explained, using a view graph, that Clare Avenue has a
one-way off ramp from the Warren Avenue area and is two way at a
lower portion. There will be south bound and north bound traffic
directly in front of the duplex. Mr. Waibel questioned if a left
turn can be made out of the subject property? Mr. Allingham stated
he was not sure, however, the Planning Commission recommends a
condition that access to the subject property shall be approved by
the City Engineer. The City Engineer already approves access to
property and this condition would give the City Engineer extra
power. Mr. Waibel questioned what Mr. Allingham, as a planner,
sees as an appropriate ingress and egress to the property? ~r.
Allingham stated the previous staff recommendation was to include
both parcels and envisioned greater redevelopment of the total site
which would give better access. Personally, he had thought of
possible access from the south end (parallel to Warren Avenue) -
TAPE $671
City Council Reg. Mtg. Minutes
September 13, 1989
Page 9 of 11
other than that the only access would be on the curve of the
subject property.
President Homing pointed out the question being asked is it
appropriately rezoned? Mr. Waibel stated there is a condition that
needs to be mitigated because there was anticipation of a problem
with ingress and egress.
Mr. Overson expressed concern over Mr. Colvin's statement and if
the City continues to grow and develop then all property values
will increase.
Mr. Johnson stated he agreed with the rezone if it is properly
done. If approved, he would recommend going beyond what the
Planning Commission had recommended and flatly say there are "no
left- hand turns out of the subject property~'. In regard about the
increase in taxes - property values can only go up or down and
Bremerton has seen too much of the downward direction and the
general idea is to desire the value to go up which would increase
equity.
Mr. Dawkins stated traffic on the Warren Avenue Bridge is very
noisy and no place for a multi-family dwelling. Commercial
buildings build in sound proofing for utilization.
President Horning stated he believed a commercial designation is
best for the subject property and the issue of access should be
left up to the Engineering Department.
512 M/S/F(Collins/Colvin) to remand this particular issue back to the
Planning Commission because they have not adequately answered $2
and $3~ $4 elements required for a rezone.
Mrs. Horton questioned what kind of additional information is
needed? Mr. Collins stated three of the five.elements required for
a rezone have not been answered. President Horning pointed out
the Planning Commission was unanimous in their vote (8-0)
supporting the rezone. Mr. Waibel noted the Planning Commission
indicated there was significant change due to the duplexes being
located there and now there aren't and questioned if the change
took place after the new Comprehensive Plan and Zoning Ordinance
was adopted?
Mr. Johnson stated he viewed this whole general area going through
lots of changes in the past five years...medical facilities and
retirement homes.
Mr. Overson questioned if the Planning Commission needed additional
work to do. Mr. Allingham stated the Planning commission is
continually reviewing land use applications and considers them to
be busy carrying out such functions.
Vote: In Favor: Coivin, Crutcher, Collins
Opposed: Dawkins, Johnson, Overson, Horton, Waibel,
Horning
Motion failed.
668 M/S/C(Overson/Johnson) to approve the request for a rezone to the
lot located at 2755 Clare Avenue, from the present designation of
MF, Multi-family, to PO, Professional Office, subject to the
following condition of mitigation:
1. Access to the subject property shall be approved by the
Engineering Department;
and, that Engineering Department only approve right-turn entrance
and egress to the property.
Vote: in Favor: Johnson, Overson, Horton, Dawkins, Homing
Opposed: Colvin, Crutcher, Waibel, Collins
TAPE #672
City Council Reg. Mtg. Minutes
September 13, 1989
Page 10 of 11
7A - ORDINANCE (FIRST READING} AMENDING THE DEFINITION OF LEWD
CONDUCT AND REGULATIONS OF EROTIC DANCE STUDIOS, ~AB89-215
The proposed ordinance amends the definition of "lewd act" to
include public exposure of one's buttocks, and specifies that
portion of the female breast that may not be exposed.
Under the proposal, the ordinance would not prohibit plays, operas,
musicals, exhibitions or dances which are not obscene, and classes,
seminars, and lectures held for serious scientific or educational
purposes.
BMC 5.96.020{4) is amended to clarify the definition of erotic
dance studio.
BMC 5.96.030 is repealed with the substance incorporated in .020.
BMC 5.96.040 is amended to reflect the correct ordinance for Lewd
Conduct
Ian Sievers, City Attorney, requested that the word "serious" be
deleted from "Exemptions" #2 reading: "classes, seminars and
lectures held for scientific or educational purposes;"...the
definition of scientific and education purposes are serious.
President Hornin~ invited public comment - none given.
Mrs. Horton questioned the clarity of placement of "Lewd act"
Means:", and suggested that it be position so it reflects clearly
what it covers? Mr. Sievers stated he will set it up so that it
is in conformity with lettering of other codes.
857 M/S/C/U(Overson/Colvin) to approve Ordinance, on first reading,
amending the definition of lewd conduct, and regulations of erotic
dance studios, and amending Bremerton Municipal Code 9A.44.070 and
5.96, with the City Attorney's recommended changes.
Mr. Waibel noted one prima facie has been pointed out as evidence
of being identified as a erotic dance studio in Item #4, and
questioned if that was the only prima facia evidence that would be
allowed. Mr. $ievers stated no~ if additional prima facie easily
identifiable, easily enforceable visual things going on - that
would be more helpful for enforcement rather than having to rely
on the general definition of conduct. Mr. Waibel stated it looks
like there might be some other semi-nude type activities that would
also be prima facie in that being in the studio...exposure of the
buttocks. Mr. Johnson stated Council may be straying into an area
they should not get into and there are already laws that prevent
that.
Mr. Dawkins questioned what is the penalty now? Mr. Sievers stated
it is a misdemeanor- $1,000 or jail 6-month. Mr. Collins
questioned if Council is being stampeded into something because an
inappropriate event happened and the arresting officer did not use
the right terminology? Mr. Sievers stated no, he believed the
Judge was correct and the City did not have the elements of lewd
conduct in place as far as exposure of the buttocks.
Mr. $ievers stated he has a problem with Mr. Waibel's suggestion
to add definition of prima facie case for what an erotic dance
studio is that if you list all the lewd acts he is not sure the
City wants to allow those things to occur and by saying "this is
the prima facie evidence you are an erotic dance studio" - we do
license and allow these. If there is a separation, Mr. Sievers
stated he would like more time to pull out the erotic dance studio.
As far as the Lewd Conduct Ordinance, he believes it is fine unless
Council does not want to include exposed buttocks as lewd conduct.
TAPE %672
City Council Reg. Mtg. Minutes
September 13, 1989
Page 11 of 11
Mrs. .Horton stated she is all for free speech, however, we in
Bremerton have been working very hard in trying to raise the
standards of our community. If we allow people to go around
"mooning" Police Officers we have not raised our standards
sufficiently. A lot of people are offended by this type of act and
she did not feel it is right to condone it.
214 M(Waibel/..) an amendment to eliminate the final sentence in
Section 2, %4 until it can be further clarified.
Motion died for lack of second.
Vote on original motion:
In Favor: Overson, Crutcher, Horton, Dawkins, Colvin,
Horning
Opposed: Waibei, Collins
Abstained: Johnson
7C - ORDINANCE ~4234 (SECOND READING) CORRECTION ERRORS ON THE
ZONING MAP BETWEEN CAMBRIAN AND SUMMIT IN THE VICINITY OF PREBLE
STREET (KASSAHN/FORDAHL ZONING REVIEW), ~AB89-249
266 M/S/C/U(Crutcher/Collins) to pass Ordinance %4234, on second
reading, changing certain zoning designations and amending the
official Zoning Map of the City of Bremerton to correct zoning
errors in an area between Cambrian and Summit Avenues in the
vicinity of Preble Street. (Kassahn/Fordahl Zoning Review)
7D - ORDINANCE ~4235 (SECOND READING) CORRECTING ERRORS ON THE
ZONING MAP FOR NINE LOTS WITHIN THE COMMERCIAL DISTRICT NORTH OF
KITSAP hAKE (NESBY/RAY ZONING REVIEW), ~AB89-250
297 M/S/C/U(Johnson/Colvin) to pass Ordinance %4235, on second reading)
changing certain zoning district designations and amending the
official Zoning Map of the City of Bremerton to correct zoning
errors on the north side of Kitsap Way in the business district
north of Kitsap Lake. (Nesby/Ray Zoning Review)
7E - ORDINANCE ~4236 (SECOND READING) ZONING ORDINANCE AMENDMENT
PERTAINING TO CERTAIN TYPES OF PUBLIC INFORMATION AND
IDENTIFICATION SIGNS AND ALLOWING SANE BY SPECIAL USE PERMIT,
~AB89-253
317 M/S/C(Colvin/Horton) to pass Ordinance %4236~ on second reading,
amending Chapter IV, Sections 18(B) and 18(E) and Chapter X,
Section 4-B of the City of Bremerton Zoning Ordinance to correct
an error in the definition and approval process for public
information/identification signs.
Vote: In Favor: Overson, Crutcher, Horton, Horning, Collins,
Dawkins, Colvin, Johnson
Abstain: Waibel
With no further business meeting adjourned at 7:55 p.m.
KATHLEEN L. MCCLUSk~EY, CITY' CLERK
KLM/SH/me