HomeMy WebLinkAbout05/03/89TAPE #633
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MAY 3, 1989
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The regular meeting of the City Council of the City of Bremerton
was called to order in Zhe City Council Chambers, 239 4Th Street,
Bremerton~ Washington, Wednesday, May 3, 1989 at 5:30 p.m., with
Councli President Spencer Horning presiding. Council members
present were Lon Overson, Shirley Marty Crutcher, Lynn Horton,
Hank Waibei, Morrie Dawkins, AI Colvin, and C. R. "Tiny" Collins.
Councilman Russ Johnson was absent. Also present were City
Attorney ian Sievers and City Clerk Kathleen McCiuskey.
The meeting opened wmth the Pledge of Allegiance led by Council
President Horning and Invocation was glven by Reverend Rod Smith
of the First Christian Church.
President Horning announced items 7D and 7E had been pulled
the Agenda for one week and public input would be accepted for
Item 7D during the PuDiic Recognition segment of the meeting.
CONSENT AGENDA
A. Bid Award Recommendation - Timber Sale 2-89, Richochet
#AB89-I17 - Awarded to Pope & Taibot, Inc., $558,662.
Bid Award Recommendation - Timber Sale 3-89, Stihi Broke,
~AB89-118 - Awarded to Talmo, inc., $238,400.
Bid Award Recommendation - Timber Sale 4-89, Minnie's
Windblow, #AB89-119 - Awarded to Hintz Logging, Inc.,
$20,800.
Change Order #i, Contract ~3002, #AB89-120 - Deepening the
Central Kitsap well to the SSL-2 Aquifer
M/IS/C/'U(Waibel/Horton) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the
required by RCW 42.24.080, and those
claims certified as required by RCW
recorded on a listing which has been
council.
audlting officer as
expense reimbursement
42.24.090, have been
made available to the
M/S/C/U(Coivin/Dawkins) on May 3, i989, the Council does approve
for payment those vouchers included and further described as
follows: 43059, 43065 through 43190 in the total amount of
$148,990.16 and Retirees Payroll in the total amount of
$48,237.91.
COUNCIL MEMBER REPORTS
Mr. Colvin stated he was pleased to have served on the Hoilis Ann
Shinn ScholarshIp Evaluation program. He found that young
people are doing much better than they are getting credit
for...there were 35 applicants for the scholarships. In
addition, he participated in a tour of the Bremerton school
faciiities and at that time invited Dr. Dwayne Boyd,
Superintendent of Schools District #100C, to make a report to the
City Council regarding school facilltles. Dr. Dwayne Boyd
stated several tours of scnooi faciiities are made during the
year and in those tours they try to give people a feel for what
Bremerton public schools are about these days, what kinds of
programs are available, what kind of things are being
accomplished, what kinds of things they should be aware of. The
overall idea is to help communicate how good the schools in this
community are. Schools are an important part of the community
and it is importan~ that the public be aware of what is happening
in the schools. He extended an invitation to City Council
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members and this in the attending/viewing audience to contact the
District office if they would like to participate in a future
tour.
Mr. Dawkins stated he artended the breakfast meeting with State
Legislators sponsored by the Chambers Of Commerce of Kitsap
County. He noted the legislators are very frustrated with what
is going on in Olympia due to the hassie over the budget - the
transportation part of the budget means a lot to the City of
Bremerton because it has the passenger only ferries funding in
it. The Governor has stated if the budget passes as it is he
will veto it. The legislators have indicated they will be
getting together this weekend to finaiize their part and then it
will be up to the Governor whether or not he'll veto it and bring
the legisiature back for another 30 DAY session.
Mrs. Horton attended the annual Boy Scout Breakfast fund raising
event held Tuesday, May 2, which encourages people to become
patrons of Boy Scouting and Noted the numbers of past Eagle
Scouts and past Scout leaders in attendance were quite remarkable
and some of them dated back to 1920's and '30's. In regard to
the attitude about our schools - she related her daughter's
comments that there were just a few more weeks of school left and
she really wasn't looking forward to it ending because she
enjoyed school and liked her teacher. Mrs. Horton felt this was
the highest compliment that can be made to any School District,
to any school and to any teacher. She believes schools are doing
an exemplary job and word needs to be out that Bremerton
schools are coming back and Bremerton is coming back as well.
Mr. Waibel attended the Kitsap Planning Council this date and
issues discussed during that meeting included: (1) Kitsap Transit
received from the National Association For Transits (American
Transit Association), the h!ghest award possible for safety. For
1988 they have Deen recognized as having the lowest safety
incidents of any transit system in the United States from
100,000 to 1/4 miliion population. He noted Kitsap Transit also
has one of the highest passenger per mileage bsse7 (2) the House
and Senate have passed a bill on Solid Waste Management and part
of that Dill (Section 50) is written to address a very special
interest group and he felt with that bill on the Governor's desk
there may be the opportunity to overcome that special interest
group. What has happened is the bill does not allow any
jurisdiction below the State to impose any restrictions on
manufacturers of non-recycling material. Unless there is a bill
that keeps products that are non-recyclabie already out of your
jurisdiction you cannot implement one at this time. He noted
that the whole purpose of the bill was to encourage recycling and
yet Section 50 does not allow local jurisdictions to take any
actions to keep non-recyciables out of their jurisdiction. He
recommended that citizens contact the Governor, either through a
letter or a call to his office, because he has until May 16 to
sign the bill and he does have line item veto powers and could
strike that particular section. Mr. Waibel requested the City
Attorney to explain why the City cannot implement an action taken
at the last City Council meeting.
Ian Sievers, City Attorney, stated last week the Council
authorized the City's particlpation in Department Of
Transportation Highway 3/304 Sanitary Sewer Reiocation Project to
provide engineering services for the work provided there was
insertion of a "Hold Harmless" clause from Sewer District #i to
the City. Discussions were held with the Sewer District's
attorney and he disapproved of such an inclusion since the Sewer
District will have no participation in the project and since the
City is part of the three part agreement between the State, Sewer
District and the City. The City of Bremerton will be providing
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the engineering serv!ces and providing the contractor to do the
work. The City, when they do locate a contractor and bid the
project out, w!ti require the contractor to hold harmless the
City for any errors the contractor makes. Therefore, he
requested City Council to amend the authorization given at the
April 26th meeting to allow the indemnity hold harmless provision
to be omitted from Council's authorization. Mr. Waibel stated
his concern and purpose behind adding the hold harmless clause is
that he is tired of the City tax payers and City rate payers
providing services to non-City agencies which allowes those
agencies to keep their rates down and the City of Bremerton take
all the risks. He stated he was only willing to approve this
contract if in fact it can be demonstrated that the amount the
City is paid not only pays for the engineering time but also for
the time it will take to hire people if needed, recruiting costs,
as well as any liability increases we might get. He noted that
there is a 154 surcharge on the contract and if the Mayor is
convinced that the surcharge covers all of the City's overhead
costs in addition to the engineering design then he would be
willing to support this request.
M/S/C/U(Waibei/Coiiins) that the contract be signed as written
if in fact the Mayor can determine the 15~ surcharge covers all
the City's overhead costs.
Mr. Hornin~ reported he also artended the Legislative Chamber Of
Commerces' breakfast and he agreed that the legislators were
frustrated over happenings in Olympia. At the Executive Planning
Council meeting this date a number of things happened which were
significant: Sub-Regional Council, (1) recycling and what to do
with it, what good is it - it was agreed to bring to each
community a Resolution on concurrence in a program designed for
waste reduction through recycling. It was pointed out by the
County that if everyone worked together on this there is the
possibliity of obtaining a design grant for a County-wide
recycling program. County Board Of Heaitn (2) discussed problem
That the landfill at the industrial Park receives a great number
of outside customers who are fiiiing up the landfill. Mr.
Horning stated he believes those in Kitsap County must stand up
and be counted on this issue and deny out-of-county users. (3)
Environmental Health Fees (such as water sampling fees, and
various other fees) - Mr. Horning was surprised that an
advertised public hearing on the proposed fees brought out no one
to testify and questioned "does anyone care about the fees they
are going to pay"? He strongly encourages anyone interested to
attend the Executive Council meetings - the first Wednesday of
every month~ held at the Silverdale Hotel.
PUBLIC RECOGNITION
CARL "DUSTY" RHODES, 2513 Reid Avenue, stated he was adamantly
opposed to the proposal to appoint to the Bremerton Housing
Commission a person who lives outside the Bremerton City limits.
Having been a member of the AD Hoc Charter Review Committee he
questioned if they had been just "spinning their wheels" during
the many hours dedicated to bringing Charter change proposals to
the City Council. He stated he believed to make an exception at
this time would completely negate their effort and break the
faith with the people who voted ~or it. He also noted some
discrepancies in the syntax of the ballot titles. He stated he
would appreciate it mf Council would look into the differences
the next time an Ad Hoc Charter Review Committee is established.
Charlene Burnett, ParKs and Recreation Department announced the
third annual "Festival Of Arts For Children" will be held
Saturday, May 6, 1989, 10:00 - 3:00 p.m., at Olympic College.
She noted it is a community-wide- County-wide sponsored free
event including the Parks Department, School District, Oiympic
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College, Kitsap Regional Library, North Kitsap Parks
Recreation and Educational Service District 114.
and
Jim Wooten, 6502 Harlow, announced a Dart Tournament will be held
May 26th through May 29 at the Quality Inn. He invited Mayor
Lobe and City council members to stop by and view the activities
that will be underway. He noted that anticipated attendance at
the Dart tournament would be approximately 1,000 and as part of
this tournament the local economy should be impacted in a
positive way.
Bob Baker, representing Snyder Avenue residence, thanked Mrs.
Horton and the City Council for putting in the warning signals
prior to the stop on 19th and Snyder. In 1988 there were 13
accidents at this intersection and he hoped that with the
installation of the new signs the accident rate will decrease
greatly in the coming years.
Wayne Estes expressed concern over a rumor, which he would like
resolved, that someone from the Seattle area desires to invest a
large amount of money in Bremerton but who says no one will talk
to him. Mr. Estes asked who might he refer this person to that
could give some assistance? President Hornin~ stated either he
or Mayor Lobe would make contact if given a name.
PROCLAMATION
Kathy McCluskey, City ClerK, read a Proclamation recognizing the
important role small businesses play in our nation, State and
local communities and Mayor Gene Lobe proclaimed May 7 through
13, 1989, as "SMALL BUSINESS WEEK". Marshall Miller, Bremerton
Area Chamber Of Commerce member, stated small businesses are very
importanL to the community. Most of the people being employed
are being hired by the small businesses and he looks to having
considerably more in the community and County in the near future.
6A - BUDGET ADJUSTMENT TO REPLACE THE BUILDING DEPARTMENT CAR,
#AB89-121
The Building Department's car, a 1982 Mercury Zephyr, was
lnvo!ved in a traffic accident April 18. The resulting damage
was such that the car is a total loss. A budget adjustment is
necessary to allow for the car's replacement by the Equipment
Rental Reserve Fund. The source of funding will be the
accumulated reserves and the insurance recovery.
Rich Hanna, City Treasurerr stated funds have been set aside in
the Equipment Rental Reserve Fund so there is no impact to the
General Fund by the replacement of this vehicle.
Mr. Crutcher questioned if the insurance recovery would cover the
whole cost? Mr. Hanna explained no - a combination of the monies
already set aside in the Equipment Rental Reserve Fund together
with the insurance recovery, which represents just the
depreciated value of the venicie, wiil provide for the
replacement.
Mr. Overson questioned where the replacement vehicle would be
obtained from? Mr. Hanna explained that there are three
different alternatives that are being currently explored for the
replacement: (i) replace with a new vehicle; (2) Kitsap County
has been through a bid process whereby they purchased used
vehicles from a rental car agency: (3) dealing with local
business people and seeking out an appropriate used vehicle.
President Horning stated he had talked with Mr. Johnson,
Purchasing Agent, a number of times about priority of doing
business with local businesses and this would not be an exception
to that and he would encourage that it be considered a first
option.
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M/S/C/U(WaiDel/Horton) to approve Budget Adjustment No. 89-13 and
to declare Vehicle #1240 surplus and authorize its disposal.
6B - AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BREMERTON AND KITSAP COUNTY FIRE DISTRICT #9, #AB89-122
Fire District #9 is in the process of merging into Fire District
#15. The Board Of Fire Commissioners of Kitsap County Fire
District #9 have signed a contract with Kitsap Fire District #t5
for management, training and maintenance services to vehicles,
equipment and building e~fective May 1, 1989. This Addendum to
the current contract maintains the same payments to the City of
Bremerton and retains emergency fire and paramedic services but
deletes services of management, training and maintenance of
vehicles, equipment and building from the City of Bremerton
e~fective May 1, 1989. The Interlocal Agreement ends December
31, 1989.
Mr. Overson questioned - we are changing whom the contract is
with but are we staying within the same boundaries and
specificatlons of service? Mick McKinley, Deputy Fire Chief,
stated yes - we are still just serving the District #9
political boundaries and the only thing being change, by their
initiative, is the managing of personnel and buildings.
M/S/C/U(Crutcher/Dawkins) to approve the
interlocal Agreement with Kitsap County Fire
authorize the Mayor to execute the Addendum.
Addendum to the
District #9 and
6C - RIGHT-OF-WAY USE PERMIT - SEAFIRST BANK, #AB89-123
Amerlcan Marine Bank has had a ROW use permit for their sign on
Kitsap Way and Adeie for many years. Seafirst just acquired
American Marine Bank and requested transfer of the permit. The
amount due for 1989 is $253.66 tied to an annual CPI and is
revokabie at any time by the City.
M/S/C/U(Waibei/Overson) to approve ROW Use Permit with Seafirst
Bank
7A - ORDINANCE (FIRST READING) TO CORRECT THE CITY'S ZONING MAP
AS A RESULT OF THE DOCKSIDE ON KITSAP LAKE ZONING MAP REVIEW,
#AB89-124
The City was requested to review the application of the SF-2
zoning district to the Dockside subdivision in accordance with
the "Correction Of Errors" process.
The Zoning Review committee conducted its review on March 28,
1989, and made its recommendation to the City council. The
Council conducted a public hearing on April 19, 1989, determined
that an error had been made, and decided that this subdivision
and eleven adjacent lots should be included in the SF-3 zoning
district.
The accompanying ordinance
Zoning Map.
completes this correction to the
M/S/C/U(Crutcher/Dawkins) to approve Ordinance, on first reading,
amending the Zoning Map of the City of Bremerton to correct an
error in the application of the Single-family (SF-2) zoning
district to Dockside on Kitsap Lake Subdivision.
7B - ORDINANCE (FIRST READING) REPEALING TITLE 7 OF THE B.M.C.
RELATING TO ANIMALS AND FOWL AND REPLACING WITH A NEW CHAPTER,
#AB89-085
To repeal and replace the current Animal Control Ordinance.
The major areas of change are:
(1) Declaration of Dotentialiy dangerous and danqerous dogs.
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Hearings
specific
animals.
will be available to contest the declaration and
obligations will be placed on owners/keepers of such
(2) Nuisances - a) Many nuisances in the current ordinance will
be in the new ordinance; b) Prohibition against owning certain
animals, e.g., tigers, lions and venomous wild animals.
(3) Livestock and Fowl - a) One livestock and six fowl will be
allowed in half an acre of land (as opposed to one acre in the
present ordinance); b) Livestock will not be permitted within 100
feet of residences and 200 feet of bodies of water.
(4) Animal Control Officers - Right of Entry and Inspection will
conform with current search and seizure laws.
(5) Pet Shop and Kennel Licenses - Will not be addressed, but
incorporated into licensing provisions of BMC Title 5.
Ian Sievers, City Attorney, stated a correction needs to be made
to Section 3 - Maintenance of Livestock and Fowl: minimum parcel
size should be one acre but allowing those livestock to continue
where they have presently been established as a legal use as a
non-conforming use subject to all the regulations controlling
non-conforming uses found in the Zoning Code. And, returned to
250 feet for livestock located from other residences (100 ft. was
de!eted). On the Shorelines issue - this would be 500 feet
rather than 200 feet but did allow ~or a Special Use Permit to be
granted by the Planning Commission if an applicant can show
environmental impact has been mitigated or do not exist on the
site.
Jim Strait, 6530 Harlow Drive, had the opportunity to give input
to drafting of the ordinance and endorsed the proposed ordinance
as presented by Mr. Sievers.
Andrew Parypa, 2211 Hayward Avenue,
ordinance as proposed.
stated his support of the
Mr. Collins questioned the section relating to ownership of
tiger, lions or venomous wild animals in the City of
Bremerton.~."are we more concerned about owning such animals or
housing"? Mr. Sievers stated Zoo's are exempted.
Mrs. Horton stated while she supports a good part of the proposed
ordinance she did not support being more permissive in allowing
livestock and fowl on a reduced 1/2 acre from one acre. Even
though the City would be in conformance with Kitsap County's
ordinance, she felt the City is much more densely populated and
felt it was fine if on an acre or larger area of land. If
properties are annexed into the City, those properties with
livestock or fowl can be grandfathered in at the time of
annexation.
Mr. Overson stated he did not feel comfortable if someone has
over 5 acres of property there is no restriction as to the number
of livestock allowed. Mr. Sievers stated this is the same as
what is currently allowed. Mr. Overson also questioned if the
City was on solid ground to prohibit the ownership of tigers,
lions, and venomous wild animals? Mr. Sievers stated yes, for
instance some cities nave gone so far as to pass brief specific
prohibitions on certain breed of dogs, such as pitbulls. The
idea being that there is some type of genetic about that animal
that is not desired to take a risk having them harbored in the
city. This is not being proposed ~or the City of Bremerton as it
is desired that the dog be proven dangerous through a due
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process. However, regarding tigers, lions, and venomous wild
animals the City is taking the position they do not want them
harbored within City boundaries. Mr. Overson questioned if the
ordinance would be defensible? Mr. Sievers stated the ordinance
would be legal - there are some exceptions to ordinances,
however, he felt that it would hold up in the protection of
health and safety of citizens.
Mr. Waibei pointed out it is possible to own something but to
maintain it outside the City limits, such as horses and in fact,
the way the ordinance is written it would be denying the citizens
that right of ownership. Mr. Sievers suggested adding "within
the City limits" (found on page 13 of the ordinance). Mr.
Collins questioned what about a Veterinary Hospital? Mr. Sievers
stated the potential for abuse was seen there and allowing
exemptions only for Zoos and circus that are licensed. Animal
Hospitals are licensed by the State so therefore exceptions can
also be made for them. Mr. Waibel questioned if it would be
possible to change the word "owner" to "custodian" and talk about
having custody of animals and eliminate the portion relating to
legal title of an animal? Mr. Sievers stated he would have to
check the ordinance to see if it would be necessary to have a
different definition for owner, however, he had no problem
changing "owner" to "custodian" in those sections but the wild
animal portion does need to mention "in the city" Mr. Sievers
questioned if Council would like an exception for Veterinary
Hospitals? Mr. collins stated he felt it would be appropriate
to designate veterinary Hospitals.
Mr. Crutcher voiced his disagreement with changing "owner" to
"custodian" because ownership is a more long-term commitment.
Mr. Sievers stated the special definition included more than
mere ownership.
M/S/C/{Waibei/Collins) to approve ordinance, on first reading,
repealing Titie 7 of the Bremerton Municipal Code relating to
Animals and Fowl and replacing with a new Chapter with the
clarification of the ownership/custodiam issue.
Vote:
In Favor:
Opposed:
Colvin, Dawkins, Collins, Horning, Waibei,
Crutcher, Overson
Horton
7C - ORDINANCE (FIRST READING) SETTING FORTH A NEW CHAPTER 5.04
PET SHOPS AND KENNELS TO TITLE 5 OF THE BREMERTON MUNICIPAL CODE,
#AB89-086
Pet Shop and Kennel License fees were addressed in BMC Title 7
(Animals and Fowl). It is proposed that the licensing
requirements be more appropriately added to Title 5 as they are
business iicensing issues. The main changes are:
(i
(2
(3
(4
Pet Shop licenses will cost $100.00.
Kennel license fees will remain the same.
Operation conditions will still provide for the welfare
of the animals. The wording has been condensed to avoid
repetition of the same general requirements.
Officers or employees charged with enforcing the ordinance
will be admitted into the premises for inspection.
Mr. Collins questioned the absence of wording relating to wild
and vicious animals in pet shops - does that mean they are
allowed in a pet store but not some other place and what
constitutes a pet store? Mr. Sievers stated the definition
includes dogs, cats~ rabbits, birds, reptiles, fowl, fish but
does not mention the dangerous type animals so his interpretation
would be that they would be precluded from stocking them in a pet
store. Mr. Overson questioned if a pet store would be declared
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"owners" of such animals and thereby coming under the same
ownership responsibilities. Mr. Sievers stated yes.
M/S/C/U(Waibel/Overson) to approve ordinance, on first reading,
setting forth a new chapterf 5.04 Pet Shops and kennels to Title
5 of the Bremerton Municipal code.
8A - PUBLIC HEARING - KITSAP WAY COMMERCIAL ZONING REVIEW - TO
CONSIDER A ZONING REVIEW COMMITTEE RECOMMENDATION FOR THE
CORRECTION OF A ZONING ERROR IN A COMMERCIAL DISTRICT NORTH OF
KITSAP WAY, #AB89-127
Upon adoption of the new Zoning Ordinance, the City council
established a "Correction Of Errors" process to find and correct
errors in the text of the Ordinance and in the application of
zoning to specific properties or areas. The owners of three
business properties on Kitsap Way, north of Kitsap Lake,
requested a review of their zoning to determine whether the
Neighborhood Business (NB) zoning was applied correctly to the
existing businesses.
The Zoning Review Committee conducted a review of the zoning of
this entire business district on March 28, 1989. The committee's
recommendations are now being forwarded to the City council for a
public hearing and final decision.
President Hornin~ asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Ron Hou~h~ Planning Department, provided a view graph of the
general location of the businesses along Kitsap Way, which
includes commercial district on both the north and south sides of
Kitsap way north of the Lake and surrounded on the south by
residential areas. The current zoning of the properties, as
adopted by the City in November 1988, is Neighborhood Business
with the only exception being the triangle of General Business
which is a gas station, auto repair shop and residence. The
applicants of this Zoning review claimed many of the properties,
particularly along the north side of Kitsap Way, felt many of the
businesses did not conform to the Neighborhood Business zone and
are now non-conforming uses which prohibits them from expanding
or rebuiiding if burned down, etc. Therefore, the applicants
requested this review to determine whether or not they were more
compatible with the General Business zone than Neighborhood
Business zone. As part of the review a Table was developed
entitled "Land Use/Zoning Consistency", which shows that several
of the existing businesses become nonconformities with the
application of the NB zone, including the Blue Moon Tavern,
Shoprite Market, Ray's Lakeside Tires, the Nickel Newspaper and
the carpet sales. Others were put into the Special use Permit
status, including the bakery, drug store, office building,
Lakeshore Inn and Lanham's Cleaners.
It appears that what may have been intended as a neighborhood
shopping district has already grown beyond that level and many of
the established businesses are not of the neighborhood variety.
The NB zoning appears to be too late in arriving and may now be
inappropriate and stifling to the future growth and well-being of
the commercial district.
The Zoning Review Committee recommends that the identified error
in the application of the Neighborhood Business (NB) zone be
corrected and described as follows:
1. No change is recommended to the zoning of any property south
of Kitsap Way. With the exception of the Texaco Station and auto
repair garage, these properties are currently zoned Neighborhood
Business (NB). This zoning will help buffer the adjacent
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neighborhood from adverse impacts of the commercial area.
2. No change is recommended to Lot #i. This lot is presently
zoned NB, includes two dwellings and a new hair salon, and abuts
residential properties to the north. It's location at a poor-
visibility intersection also justifies zoning of lower intensity.
3. The zoning of properties on the north side of Kitsap Way
should be corrected to General Business (GB). These lots include
most of the intense GB type businesses, have good access to
Kitsap Way, some have good growth potential, and this area abuts
the Industrial Park (IP) zone to the north and east.
Dave Heater, property owner (location on triangle of Hartow Drive
and Kitsap Way) stated currently there is a i0,000 sq. ft.
building on that property which houses a carpet store. It is his
intent to petition the City council, at this time, to reconsider
the property as General Business. He purchased the property 2
1/2 years ago at which time it was zoned B-2 and he had the
building built knowing that he had that zoning. He feels that
Neighborhood Business zoning down zones the property and devalues
it as well. He believes the property is somewhat unique to some
of the other properties which are Neighborhood Business - it is
bordered on two sides by arteriais and on third side by a piece
of property that is owned by Kimner and Hall and there is a
larger buffer zone between the property and the next residential
lot. Currently the business is in a non-conforming use and is
serving the County. He pointed out that under the Study Area
Staff Review it is shown as nonconforming and would be
acceptable under the General Business designation.
Georqe Robinson, property owner, stated it was his understanding
when he purchased the property (1970's) that there was a
commercial zone designation. About a year ago, he came before
the Planning Commission due to the commercial designation having
lapsed back to Residential (1/2 of the building was Residential
and 1/2 Neighborhood Business). At that time the Planning
Commission allowed it to be included in the Neighborhood
Business. He noted Kitsap Lake has really grown in the past two
years and becoming more a part of Bremerton and he felt that
business growth would continue to expand in that area, therefore,
he requested that it be included in General Business zone.
Jim Strait, 6530 Hariow Drive, President Of Kitsap Lake
Neighborhood Association, stated it appears that the Planning
Department has a neighborhood shopping center still compared to
about 40 years ago. He noted the public is much more prone to
drive to their shopping destination. In all the new zonings
there seems to be a big gap - where previously there was a B1-B2-
B3 zone that many things fitted into, now the designation is NB
to BG. What happened to the B2 zone in between? He stated only
the property on the north side of Kitsap way meets the General
Business zoning requirement (Grocery Store-bakery-drug store
complex, and Lakeshore inn) none of the rest have nearly enough
parking. He expressed concern over the tires piled around two
sides of a building and the hazard it presents in the event of a
fire. The amphitheater effect of the area could generate
unbearable noises i~ any bowling alley, dance hail~ hotel,
tavern, etc., that is allowed in General Business zones were
placed in these current businesses. He also noted if leaving it
as it is spot zoning then so be it - circumstances vary in many
areas and there can always be spot zoning to separate areas. He
stated he continually receives complaints from residents all the
way down on Lake Drive of loud music coming from Lakeshore inn.
He also stated rezone of a property should not adversely affect
areas.
TAPE ~634
TAPE #633
City Council Reg. Mtg. Minutes
May 3, 1989
Page 10 of il
Bill Amo, 6524 Lake Drive, stated he lives about one short block
from the area under consideration and that across Kitsap Way
there is an inhabited Eagie's nest - this area includes
parklands, beautiful single family dwellings. He acknowledged
there were not a lot of options between General Business and
Neighborhood Business, however, he believed the object to keeping
it Neighborhood Business was to contain the noise and the
development. He did not support the higher intensity designation.
Mr. Overson stated that at the Zoning Review Committee this was
discussed a great deal because what is being considered is
people's land values and these businesses have been there for
years. Staff suggested the recommended zones but it would not
solve the problems that exist to everyone's satisfaction. He
felt the Committee's recommendation was supportable except for
the carpet store. He noted the owner of the carpet store has a
strong argument, however, Mr. Heater was not represented at the
Committee meeting and his piece of property was only included
because of the general area and impact and it was Mr. Overson's
feeling that Mr. Heater's property might come back to the Errors
and Omissions process separately. He noted the di~ficuities of
having taverns within areas due to the noise problems. Mr.
Overson questioned if Mr. Heater requested an Errors and
Corrections Review separately? Mr. Hough stated no he did not,
however there was an Error Review in September by the Planning
Commission before the Zoning Ordinance came to the Council - at
that time part of the Heater property was include in the Single-
family Residential Zone. The Planning Commission reviewed Mr.
Heater's property as well as the property south of it for
possible inclusion in the Neighborhood Business zone or as a
separate Professional Office District. At that time the Planning
Commission decided the best thing to do would be to include the
entire Heater property in the Neighborhood Business zone and keep
the other property in the residential district since it fronted
Harlow and did not have good access to Kitsap Way.
Mr. Waibel questioned what the past zoning history was on the
carpet store property? Mr. Hough stated the triangular piece
(lot 11) used to be three pieces and it was later consolidated by
the County. When it was three pieces all three were included in
the B2 zone and at the time it was zoned B2 that is when the
condition of the 25 foot wide buffer strip was included between
that zone and the residential zone. Later, when the City was
getting ready to adopt the new Zoning Map, a line was drawn
incorrectly on the property line and one of the old three pieces
was included in the residential district - so that was taken to
the P!anning Commission. The B2 zone was not the highest density
commerclai use, it was more a mid-range zone which also included
professional offices and a variety of things.
President Horninq stated he understood the problem relating to
Lot 11 and it seemed unlikely that it would be turned into
something less desirable. One solution to the dilemma would be
to simply take it off of this understanding and agreement and ask
that it be heard separately under the Errors and Omissions
process. And, at that time the applicant would have the
opportunity to recommended uses not allowed on those premises and
then present it to the Council for consideration. Don Pratt,
Director Of Community Development, stated yes, an option to the
City Council is to rezone with conditions, however, he and the
City Attorney would not recommend that Council rezone with
conditions during the Errors and Omissions process - that another
process be used that has a better legal basis. And, he believes
that the Zoning Ordinance has Ehe flexibility to put zones in and
that to revert or go to zones with specific conditions makes a
very difficult enforcement problem where there are multiple
properties with the same zone but different uses allowed and it
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City Council Reg. Mtg. Minutes
May 3, 1989
Page 11 of 11
does not give the Zoning Ordinance a chance to perform.
Mr. Collins suggested going ahead and approving the request as
presented and if Mr. Heater still desires to pursue a General
Business zone designation he could bring it back through the
process. Mr. Pratt stated he had talked with Mr. Heater and it
is his desire to bring his property before the Zoning Review
Committee depending on the outcome of this meeting. And it is
unclear whether or not a piece of property can be processed twice
within a certain period of time. In that void, it would be
difficult to deny Mr. Heater that opportunity as long as it
occurred before the May 11 deadline. Mr. Overson stated his
support of that proposed action by Mr. Heater.
Mr. Waibei noted Mr. Hough brought up the point that in fact the
B2 zone had been split into specialized zones and it might be
possible to use one of those specialized districts for a
particular spot and not have to provide conditions.
M/S/C/U(Collins/Colvin) to approve the zoning corrections, as
recommended by the Zoning Review Committee and as shown on the
map entitled "Corrected Zoning" in the staff report.
With no further business meeting adjourned at 7:10 p.m.
KATHLEEN L. MCCLUSKEY,
CLERK
CITY
APPROVED
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President