HomeMy WebLinkAbout04/27/88TAPE #539
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
APRIL 27, 1988
The regular meeting of the City Council of the City of
Bremerton was called to order in the City Council Chambers,
239 4th Street, Bremerton, Washington, Wednesday, April
1988 at 5:30 p.m., with Council President Hank Waibel
presiding. Council members present were A1 Colvin, Morrie
Dawkins, C. R. "Tiny" Collins, Russ Johnson, Lynn Horton,
Lon Overson, Spencer Homing, Shirley Marry Crutcher.
Also present were Assistant City Attorney Lorna Corrigan
and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Hank Waibel and Invocation was given by
Harrison Hospital Chaplain Ben Belcher.
President Waibel welcomed the audience both in the Council
Chambers and those watching the live presentation of the
Council meeting on Channel 29 Access Television.
#0049
CLAIMS/WARRANT REGISTER
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.
M/S/C/U(Horning/Colvin) on April 27 1988, the Council does
approve for payment those vouchers included and further
described as follows: Warrants Nos. 35921, 35922 and 35928
through 35052 in the total amount of $120,928.54 and Regular
Payroll in the amount of $328,321.90.
COUNCIL MEMBER REPORTS
Mr. Johnson announced a number of applications had been
received for the Ad Hoc Charter Change Committee, and he
hoped to have a fairly good cross section representation
including labor groups , neighborhood groups, etc., and
noted that the deadline for applying was Friday, April 29,
at 5:00 p.m.
Mr. Colvin requested the City Clerk to read into the record
a letter received from Mary Drouin and the Busy Hands Home
Extension Group in which they thanked Councilman Colvin for
his efforts toward the clean up campaign and recognized
Pacific Northwest Bell/A U S West Company for their
contribution of a $250.00 grant. Mr. Colvin emphasized that
all Council member participation in the clean up effort are
included in the commendation by the Busy Hands Extension
Group. Also, that during the 1987 clean up campaign
approximately 30 people, including members of the Busy Hands
Home Extension group, undertook a major clean up effort and
deserve a great deal of credit for encouraging on going
clean up activities.
Mr. Dawkins reported he artended the Change Of Command at
Subase Bangor and noted that the departing Base Commander
Capt. Middleton was a West High graduate. Mr. Dawkins
artended the Rust Bust celebration and enjoyed the
activities in spite of the cold/wet weather.
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City Council Reg. Mtg. Minutes
April 27, 1988
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Mr. Collins announced that a Parking Committee will be
formed and anyone wishing to serve on that committee should
contact Ms. Merilynn Erhart, Council Legislative Assistant,
at 478-5280.
Mr. Overson reported the Fiscal Budget Committee had met
and he suggested that Council members review the minutes
which included discussion on goals and objectives, CIP's,
significant budget adjustments and some SLI's. The clean up
effort in the Highland District was quite successful as well
as the City's depository lot, which was very full.
Mr. Crutcher expressed concern that not everyone understood
the clean up guidelines and how to get their garbage picked
up and suggested that people attend their Neighborhood
Association meetings so they will be well informed.
Mrs. Horton reported she had the pleasure of serving on the
"Sister City Committee" during the interview and selection
process choosing four High School students from the
Bremerton/Central area to travel to Kure, Japan, and noted
the quality and breadth of knowledgeable of the young people
applying. Also, the Haddon Neighborhood held a meeting on
April 26 with Field Ryan, Bremerton School District, as
guest speaker and discussed issues relating to the new High
School such as parking problems, litter control.
Mr. Hornin~ reported that child drug and alcohol abuse is
a real concern and announced that there is a free youth
dance at 285 5th Street, on April 30, from 10:00 AM to 4:30
pm. All young people in the community are encouraged to
come down, there is no charge, soft drinks/hot
dogs/hamburgers will be provided, there will be an
opportunity, at their choice, to view films on drug and
alcohol abuse of young people.
President Waibel reported he also artended Rust Bust on
Saturday and Sunday and had a very Good breakfast at the
Senior area. Mr. Waibel noted that the clean up effort in
his District was also Going well with lots of extra bags
setting out for pickup.
PUBLIC RECOGNITION
Mayor Lobe proclaimed the week of April 25-30, 1988 as
"NATIONAL STUDENT LEADERSHIP WEEK. Ms. Nancy Zeller,
Bremerton High School Student Body Vice President, accepted
the Proclamation and announced activities under way at
Bremerton High School to register the Senior Class and any
other students 18 years of age or older.
Mayor Gene Lobe proclaimed May 1, 1988, as LOYALTY DAY, and
encouraged individuals, schools, churches, organizations,
business establishments and homes within the City's
jurisdiction to display proudly the Flag of the United
States of America and participate in public, patriotic,
Loyalty Day activities which are to be co-sponsored by the
Veterans Of Foreign Wars of the United States. Gertrude
Johnson accepted the Proclamation and announced this is the
31st year of having the Loyalty Day Parade which will be
in Port Orchard, Saturday, April SO, 11:00 AM.
Bob Smitter, 1511 Park Avenue, stated he was delighted to
see the Council meetings being televised, however, pointed
out that prior Council action had excluded video cameras
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City Council Reg. Mtg. Minutes
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from the Council Chamber when in session and that motion had
not been rescind. Also, he felt that both he and Mrs. Mary
Lou Long deserved apologies from the Council for their
action against both of them at the time the motion to
exclude video cameras was made. President Waibel
requested Ms. Corrigan, Assistant City Attorney, to look
into this matter to make sure that the City was not out of
compliance in any way.
John Caine, downtown business owner, expressed concern
regarding a lack of interest of elected officials toward the
business community. Mr Caine emphasized the following
points: (1) Parking meters, and no parking elsewhere for the
community to park and~ shop or just walk and browse; (2)
letting diamond parking install money boxes, such as the
City garage; (3) imposing taxes on businesses who desire to
provide entertainment for young people at no cost to them;
(4) few businesses have seen Council members or Mayor stop
in to say hello/or shake hands; (5) not many have seen the
Mayor out on the street just walking around looking at his
community he is in charge of; (6) lack of activities in the
downtown area for servicemen; (7) suggest a city wide picnic
free to the public, dances in the open on weekend nights.
Brooks SnVder, 416 S. Lafayette, expressed concern about
information reaching the public as to clean up activities
and the availability of volunteers to assist the elderly and
handicapped to participate in the clean up effort. Mr.
Snyder raised the issue regarding Bremerton elected
officials being required to be residents of the City of
Bremerton.
Dan Baskins, KBRO news reporter, on behalf of KBRO,
welcomed Channel 29 Cable Access, noting that it is one of
the best things that has happened.
6A - INTERLOCAL AGREEMENT TO PURCHASE A 5-YARD DUMP TRUCK,
#AB88-112
The Utilities' existing S-yard dump truck is a 1971
International Model C1600 and is used for towing the trailer
and backhoe in support of the Utilities' construction and
maintenance program.
The existing vehicle needs approximately $8,000 in repairs
in order to get the vehicle in usable condition. Based on
the age of the vehicle, the amount of repairs required in
the immediate future and the overall condition of the
vehicle, the Water Utility is recommending surplus and
replacement of the vehicle. Therefore, the Utility is
requesting approval to enter into a Interlocal Agreement
between the City of Shelton and the City of Bremerton for
the purchase of a new replacement 5-yard dump truck.
Estimated cost of the replacement vehicle is $50,000.
Bill DuffV, Utilities Director, stated the subject vehicle
is one of the two oldest vehicles in the fleet and the cost
of repairs exceeds its current value.
Mr. Johnson questioned, for clarification, why the City is
dealing with the City of Shelton for this vehicle? Mr.
DuffV explained that the City of Shelton had already gone
out to bid for a similar truck and the City was just piggy
backing onto that bid. Mr. Colvin questioned if the City
saved money using this process? Mr. DuffV stated the City
saved both time and administrative costs in going to the bid
procedure.
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April 27, 1988
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#1195
Mr. Overson questioned the cost of repair being more than
the value of the vehicle yet it was noted that the City will
receive a surplus? Mr. DuffV stated the vehicle will be
sold and hopefully realize some funds, probably not more
than $5,000.00, whereas the cost of repairs is approximately
$8,000.
M/S/C/U(Dawkins/Collins) to authorize the Mayor to enter
into an Interlocal Agreement between the City of Bremerton
and the City of Shelton for the purchase of a 5-yard dump
truck subject to City Administrative Policy and Procedures.
6B - CENTRAL BREMERTON WASTEWATER IMPROVEMENT PROJECT - PUMP
STATION DESIGN, #AB88-113
Presentation of the proposed design and configuration of the
replacement Wastewater Pump Station #CE-4A located at the
end of Second Avenue.
Bill DuffV, Utilities Director, stated approximately two
weeks ago and during the Shorelines Permit process Council
requested the Utility to come back and present the final
designs and configurations of the proposed pump station for
2nd Street. The first conceptual drawing presented was the
preliminary selection presented to the Council several
months ago. Mr. DuffV introduced Joe Gauthier, Project
Manager for the City of,Bremerton and Jack Pruss, Architect
for project, both representatives of CH2M Hill, who were
present to give the Council an update on the design
refinement.
Jack Pruss, CH2M Hill Architect, presented a conceptual
drawing which included a pump station with space allocated
for a "Harbor Master's Office and restrooms" and it was
their understanding that the Council wished to delete the
"office and restroom area" ... additional sketches were
developed to provide various options which included: (1) a
pump station with restroom and shower rooms attached with an
observation deck on the top of the pump station (similar to
current structure); (2) without attachment of added rooms -
stair placement same as design (1), and observation
platform on the top that is similar in character and detail
to what is presently in place. Mr. Pruss described the
construction material of the pump station being of
reinforced concrete with grooves or smoother surface; (3)
or another idea which moves the stairway from curved area to
the west end of the building. Locating the stairway on the
north would not work due to blocking of the entrance to the
pump station itself. However, if the restroom/shower rooms
were added at a later date the stairs would have to be
modified slightly; (4) a rectangle type building with curved
corner with the stairway on one end.
Mr. Colvin questioned if there would be any restroom
facilities? Mr. DuffV explained that would be up to the
Council -options include: no restroom, construct just the
shell for the restroom facilities or complete the entire
facility. The second option would cost the City about
$23,000 to construct the shell and rough in the plumbing.
The entire cost to complete the restroom facilities would be
approximately $38,000. Mr. DuffV explained this cost would
be in addition to the pump station project.
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City Council Reg. Mtg. Minutes
April 27, 1988
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#~645
Mr. Collins stated the Council Public Services (Public
Works) Committee recommended the design with the roughed in
facilities. The Committee felt that we, as a City, need to
have people facilities. Mr. Horninq stated his support of
the Committee's recommendation and felt that funding could
be found through the Block Grant program in the future. Mr.
HorninC pointed out it might be short sighted to cut the
restroom facilities out now but add at a later date...which
might develop into an "additive look", possibly not being as
attractive and costing considerably more dollars.
Mr. Johnson expressed his disagreement, noting that the City
does not have a lot of money and would be investing $23,000
in restroom facilities. Mr. Johnson pointed out that there
is a brand new Ferry Terminal with restroom facilities for
public use as well as other establishments with restroom
facilities, i.e., restaurants. Also, the maintenance costs
alone for restrooms in City parks is a major concern and
this would be adding additional stress to maintenance costs.
Mr. Colvin supported providing restroom facilities in this
location and noted that if problems developed the restroom
facilities could be locked to prevent any additional damage.
Mrs. Horton questioned what the exterior would look like?
Mr. Pruss explained it could be mixed and matched...a
texture similar to the fluted concrete used on the Sewer
Treatment Plant, it being reinforced cast in place
concrete. The surface with texture may be more difficult to
put graffiti on but it also may be more difficult to clean
off. The smoother texture is simple but direct and there is
no difference in cost. Mrs. Horton questioned if the City
was in negotiations with the Port Of Bremerton regarding the
"Harbor Master office"? Mr. DuffV explained there have been
on going discussion with the Port but nothing definite.
Mr. Crutcher questioned the safety of the viewing tower and
stairway? Mr. DuffV explained that the view tower will be
constructed according to all safety requirements according
to WISHA and OSHA.
Mr. Horninu urged the Council to not be short sighted on
this project and to approve the design including the shell
for the restroom area and to rough in the plumbing thereby
providing options for use, such as storage area, leased to
the Port as a Harbor Master's office or be completed later
into restroom facilities. Mr. Johnson expressed concern
that "roughed in" should be clearly defined.
Mr. Crutcher emphasized the importance of continued
maintenance of restrooms if they are provided and to not let
them get in such poor condition such as the City Library's
restrooms.
Mr. Overson questioned the placement of the stairway on the
recommended design being somewhat obstructed and difficult
where it ends making it an imposition for someone wanting to
go to the viewing deck? Mr. DuffV stated the difficulty in
locating the stairway in another area, particularly on the
north side would block the entrance to the pump station.
President Waibel questioned if the stairway could be circled
the other half from the west and come up on the front of the
platform? Mr. Duffy explained that different positions had
been studied and the proposed design is the most workable.
M/S/C/(Collins/Horning) to authorize the Mayor to direct the
Utility to finalize design of Pump Station CE-4A subject to
e
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City Council Reg. Mtg. Minutes
April 27, 1988
Page 6 of 17
the criteria for sewage works design of the State of
Washington Department of Ecology, accepted engineering
principles of design and the draft recommendation of the
Downtown Urban Renewal and request the Mayor to proceed with
a search to yield funds for the roughing in of the restroom
area as outlined in the design Marked Scheme 1.
Vote:
In Favor:
Oppose:
Abstain:
Hotton, Homing, Waibel,
Collins, Colvin, Dawkins
Johnson, Overson
Crutcher
8C - BUDGET ADJUSTMENT TO TRANSFER FUNDS FROM THE
ENGINEERING DEPARTMENT TO THE PLANNING DEPART~"a~-NT FOR THE
HIRING OF A TRANSPORTATION PLANNER, #AB88-114
Following two unsuccessful attempts to hire a Traffic
Engineer in 1987, that effort was reviewed, as was the
salary and expectations. It was concluded that the work
would be very well suited to a "Transportation Planner" with
a background in comprehensive systems of traffic and
transportation and who could also deal with other non-
engineering neighborhood planning, parking problems, and the
variety of related issues we are working with. The two
department heads and Mayor Lobe are in agreement and a
Transportation Planner can be hired as soon as this budget
ad3ustment is approved.
President Waibel announced he had before him a Budget
Ad3ustment form and signatures of the Fiscal and Budget
Committee
Ron HouGh, Manager, Long-Range Planning in the Department of
Community Development, pointed out the need for a
Transportation Planner as stated, noting also the memo from
Don Pratt, Director of Community Development and Dave Baker,
City Engineer, to Mayor Lobe outlining what the issues are
and the background in trying to hire a Traffic Engineer
(unsuccessfully) and the purpose for recommending transfer
of funds to the Planning Department for a Transportation
Planner. Mr. HouGh stated that an outline of task for a
Transportation Planner had been developed, noting a critical
need, within the Department of Community Development, for a
person to handle designated tasks and issues that are being
worked on right now.
Mr. Johnson questioned how would the hiring and selection
of a Traffic Planner be carried out. Mr. HouGh stated that
the City had a/ready advertised, accepted applications and
interviewed prospective applicants and natrowed down the
selection to one of 5.
Mr. Colvin questioned if this would be a full time position
with the City. Don Pratt, Director of Community
Development, stated the position is a regular full time
position. President Waibel pointed out that the Department
of Community Development position was at a different level
of qualifications than the Traffic Engineer position.
Mr. Overson reported that the Council Fiscal and Budget
Committee recommended approval of this request.
Mr. Johnson questioned the type of work to be undertaken by
the person hired for this position? Mr. Pratt presented a
preliminary list of tasks developed for the Transportation
Planner which included:
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#1976
#2289
(i)
Arterial Streets Plan, including one-way couplet
proposals.
(2) Commuter period traffic flow plan.
(s)
Preliminary inventory of non-road transportation
network, such as airports and vessels.
(4)
State Highway development with impacts on the City,
particularly the design of the SR-3/Charleston Beach
Road interchange.
(5)
County road development coordination, particularly
planning for a proposed Gorst by-pass road to be
developed south of Kitsap Lake through utility-owned
land.
(6)
Surface road/non-road transportation coordination
in specific projects, initially around the Bremerton
Ferry Terminal.
Working with other departments, this person will be
providing review of land use development proposals
for impacts on transportation systems. If there is a
proposal for a project going in at an intersection, this
person would work with the Engineering Department and
Current Planning, (with Current Planning taking the lead),
understanding how traffic works around the development.
This person will also serve on the Transportation
Improvement Plan Committee, along with the City Engineer,
and if there is a bad intersection, this person will provide
his/her support to the Engineering Department to come up
with a solution to the problem.
Mr. Johnson stated in general he agrees with the proposea
tasks, however he does not understand the specific
projects, particularly those that have not been approved by
the Council that planning is going to direct and spend City
money to do. Mr. Pratt explained that there are current
tasks within the department which are not being addressed
that should be done as a normal course of business.
Mr. Crutcher questioned if the person in this position will
address parking problems? Mr. Houch stated that parking is
a very important component in transportation planning.
M/S/C/U(Overson/Horton)
proposed.
to approve the Budget Adjustment as
Mr. Johnson stated he hoped that the priorities in
Transportation Planning will be in accordance with the Six
Year Street Plan as approved by the City Council. President
Waibel stated that the approval of the budget adjustment was
not a total reflection of acceptance of the proposed
scheduling plan.
?A - ORDINANCE #4158 (SECOND READING) AMENDING B.M.C.
CHAPTER 9.08 PERTAINING TO UNAUTHORIZED AND JUNK VEHICLES
M/S/C/U(Crutcher/Collins) to approve Ordinance #4156, on
second reading, amending B.M.C. Chapter 9.08 pertaining to
unauthorized and junk vehicles to provide written
authorization to tow truck operations.
8A - PUBLIC HEARIN& - APPEAL OF PLANNING COMMISSION APPROVAL
OF DAY CARE CENTER SPECIAL USE PERMIT TO BE LOCATED ON THE
SOUTH SIDE OF EAST 33RD STREET (FILE #'S SUP-14--87 &
APPEAL -2-88), #AB88-115
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Appeal of Planning Commission Action of Approval of Special
Use Permit application to construct a day care facility in
an R-1 Residential zone area on the south side of E. 33rd
Street. The appeal request requires a public hearing before
the Legislative body and vote of 2/3rds of the City Council
(six votes) to overturn the Planning Commission action.
President Waibel asked the "Appearance Of Fairness/Conflict
Of Interest" question with all Council members being seated.
Ed Davis, Manager, Current Planning, briefly reviewed the
documents provided the Council, noting that the appeal was
brought by Mr. Cecil McConnell, 3245 Almira Drive, which
included 20 items as back up to the appeal application.
Mr. Davis stated this process for approval of a Special Use
Permit identifies the impacts and proposes to mitigate those
impacts by placing conditions on the proposed development.
The original staff report stated the role of the Planning
Commission in a Special Use Permit proceeding is to
determine if the proposed action is:
A. Detrimental to the health,' safety, welfare and general
morals to surrounding properties; and
B. Evaluate the proposed use to ascertain if the use is
similar to other uses:
"...described in this Ordinance and deemed by the
(Planning) Commission to be in general kee~-ing
with the uses authorized in such zone..." ~from
Section 1302. Title V of the Zoning Ordinance
Page 59); and
C. What conditions may be imposed by the Planning
Commission to protect the surrounding property owners
Included in the documentation is a list of conditions,
proposed by the Planning Commission, to mitigate the
impacts. The City Council's position in review of the
Planning Commission's action is to take one of three
actions: (1) uphold Planning Commission actions; (2) modify
the Planning Commission's action and approve the Special Use
Permit; or (3) overturn the action of the Planning
Commission.
President Waibel announced for clarification that the action
before Council on this issue is an "appeal of the Planning
Commission's decision", not the substance of the Planning
Commission's deliberation.
E. L. Sturdivant, 3231 Halverson, stated he had lived at
his residence for 30 years and noted that the 44 property
owners who signed the petition objecting to the day care
were not against day care but supported services in their
proper place. He noted that the neighborhood was gravely
concerned that the tranquil atmosphere of the neighborhood
area is being rapidly changed, however generally they have
supported (80~ vote) for those things which are beneficial
to the whole community. Mr. Sturdivant provided several
overhead charts which included: (1) the legal description
used in the applicant's request for a Special Use Permit was
that of the quarter section of land (160 acres) for the
proposed site. Mr. Sturdivant noted that the Planning
Department should have been more precise in what they
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April 27, 1988
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TAPE #540
allowed for a legal description. (2) The Planning
Department continually talks in terms of 20 students at the
day care care when in fact there will be closer to 80
students per day. Also, the Planning Department states that
the trips per day would be 50-80, whereas the applicant, Sue
Matan, has indicated on the application 120 - 120 trips per
day. (3) Long Range Planning, commended in the staff
report, curb side loading of children as dangerous, which is
the primary reason for a off-street loading requirement for
this type of facility. Curb side loading would only service
east bound traffic, would not provide a turn-a-round and
would encourage traffic to continue into the residential
neighborhood to the east. West bound traffic would have to
unload children on the north side of the street requiring
them to cross the street. Long Range Planning recommends on
site loading and unloading per City parking requirements and
request City Attorney review City's liability if public
street is used for this purpose. (4) Glenn Vockrodt,
President of BACON, submitted a letter stating this site is
too small for the proposal due to to the expansion of the
enrollment. The proposal proposes 832 square feet and the
area must include restrooms and cooking area.. this does not
provide adequate space for 24 people. State Law requires 40
sq. ft. per person...making a minimum required of 896 sq.
ft. Mr. Sturdivant questioned where the necessary
facilities of two restrooms, sickbay and kitchen area could
be provided in the proposed building space. (5) Mr.
Sturdivant questioned the proper use of a "Special Use
Permit" vs "Conditional Use Permit" and cited standards from
the Comprehensive Plan relating to five items needed to
determine when something can be zoned. He pointed out that
under a Conditional Use Permit a two year renewal is imposed
whereas a Special Use Permit has no renewal review. (6)
Mr. Sturdivant cited City Attorney statement in staff
report..."City Attorney would prefer on site loading and
unloading to avoid potential liability for
vehicle/pedestrian accident" (?) Daily trips in and out of
other businesses in the area included: Puget Power 270 drop
ins per day; TCI first 10 days of the month 150 drops ins
per day; Post Office 186 vehicles with delivery trucks, 4-
wheelers and employee cars plus drop ins to counter 150 per
day.; Kitsap Regional Library 9,000 drop in per week,
approximately 1,500 drop ins per day; View Ridge School 20
buses plus 60 vehicles picking up students. Traffic volume
on 33rd Street between the' Library and proposed day care
site averages 119 vehicles per hour. On Sylvan Way two
checks were made - 800 vehicles per hour (3:00 pm.). Mr.
Sturdivant stated a total of 2,488 vehicles impact this area
not counting those on Sylvan Way. The Planning Department
stated that the street can handle 270 vehicles per hour on a
street that is 32 feet wide. (8) Bremerton High School
land has been zoned commercial with residential and parks
and open spaces surrounding the school land. Business has
creeped closer to the residential area which is a grave
concern to the residents in this area. (9) Mr. Sturdivant
supported labeling the day care as a business, noting that
on Mrs. Matan's application she had indicated a $120,000
gross per year. (10) An articles was cited which supported
before/after care in schools (April 13 Post Intellingencer),
noting that this was already being done in School Districts
within the State of Washington. Also, day care facilities
are being located near the work places, such as office
buildings and shopping malls. Another article, dated April
16 in The Sun, stated that the Federal General Services
Administration plans to triple day care centers available in
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Federal buildings by opening 25 more centers nation-wide.
Currently 12 child care centers are operating in GA
controlled buildings. Mr. Sturdivant stated that during his
visit to a recent Bremerton School District meeting the
Chairman of the Board requested school staff to get a
review back on the number of school buses impacting the area
and on the idea of instituting before/after child care in
the schools. (11) Mr. Sturdivant noted that the only
stability the City has is the Mayor and Council members as
there has been a large turn over of planning staff and also
.a turn over of Planning Commission members. Several
sections of the Comprehensive Plan were cited, i.e. Land Use
Element and Public Use Element. Mr. Sturdivant expressed
his concern that the School District gave away to the
Library a field that was used as a ball field for local
teams (soccer and baseball) which is now being leased out to
a private enterprise, making the field unusable. Mr.
Sturdivant thanked the Council for listening and stated his
appreciation for strong consideration of the information
presented.
Sue Matan, Applicant for the Special Use Permit, reviewed
her activities in pursuit for days care and before/after
school care through the School District, noting the building
at the'View Ridge School was not suitable due to problems of
heating adequately. Discussion was held with the School as
to the possibility of placing a portable structure on School
grounds, however, the ,school did not wish to give up
playground area. Next, discussion was held with the
Regional Library to request leasing a portion of their land
to place a day care facility. Mrs. Matan noted that the
area of influence for notification is 250 feet from the site
that is going to be used. Recommendation of approval from
neighbors within 250 feet of the property has been received
(Post Office, View Ridge School and Kitsap Regional
Library). The area within 550 feet have also given their
approval which include Kitsap Regional Library, View Ridge
School, Post Office and a little of TCI ,land. Residential
land is at least 550 feet from the proposed site. Mrs.
Matan noted, in her opinion, that 33rd Street is not the
primary access for the residential areas...Halverson and
Almira would provide better access. A traffic count was
taken as previously requested which showed 700 vehicle trips
per day on E. 33rd Street. Mrs. Matan pointed out that the
119 vehicle per hour on E. 33rd Street as cited by Mr.
Sturdivant was actually the maximum. Mrs. Matan provided a
flow chart which outlined the hours of the before/after
school care as well as pre-school sessions. In addition,
she noted that the School District had mandated that school
children within I mile of the school must walk to school,
(Kindergarten 3/4 mile), thereby creating more need for a
before/after school program for children of working parents
who would choose to transport their children rather than
having them walk the distance to school. Mrs. Matan did
note that there is increased traffic generated by parents
dropping off and picking up the younger children who are not
allowed to walk the i mile (and 3/4 mile) distance. The AM
pre-school would start after the school start time, class
size would be 20 children and car pooling is encouraged to
help reduce the number of trips needed to transport the
children to and from pre-school. Kindergarten lets out at
11:30 a.m., with a small increase of traffic due to parents
picking up their young children. Morning pre-school lets
out at 11:45 a.m so as not to conflict with kindergarten
traffic. The PM pre-school starts at 12:15 p.m., and the PM
Kindergarten starts at 12:30; PM pre-school lets out at
TAPE #540
City Council Reg. Mtg. Minutes
April 27, 1988
Page 11 of 17
2:45 p.m., public school lets out at 3:10 p.m. After school
care would involve 20 students being picked up within a two
hour period. Traffic generated from the Library and Post
Office is greater after a 9:30 AM opening time. Traffic
generated from TCI has several options - vehicles are not
limited to traveling on E. 33rd Street. Mrs. Matan handed
out a traffic flow-chart showing peaks of traffic use and
non-peak times that the day care users would be in that
area. Children attending the public school have no choice
for arrival and departure, the School District dictates the
start time. People living in the surrounding neighborhood
do have choices to use alternate routes and alternate time,
not traveling on streets during peak loads. Mrs. Matan
stressed the importance of pre-school experience for the at-
home child. Also, other day care facilities in the area do
not have space available or have a connection with View
Ridge School. The YMCA program is a good program and it
should be in the schools. Unfortunate, when the time comes
that it will be in the schools the taxpayers will be sharing
the cost and they will say "why shouldn't parents using the
day care pay for it?". Mrs. Matan stated her day care
facility is paid for by the participating parents and the
only additional funding they receive is their accepting DSHS
payments for low income families; and they are subsidized
because the DSHS payments are~lower than the charges are.
In regard to the ball field not being available for public
use...it is usable and is being used and the day care should
not hinder usage in any way.
RandV Loun, Attorney representing Cecil and May McConnell,
John and Delores McKee and Ernie and Pat Maximm, emphasized
that the individuals represented are not against day care
but are greatly concerned of a traffic hazard which may
endanger children using the facilities. Mr. Loun
questioned the following issues: (1) the legal description
used in Mrs. Matan's application described the View Ridge
School property not the property where the facility is being
proposed. It specifically excludes from that legal
description that property deeded from the School District
to the Regional Library. Wherefore, the planning Commission
has never ruled on the facility being located at the
designated location being proposed. There may have been
intent to change the location but did not take any action to
change the application form. Mr. Loun firmly objected as to
proper notice being given to the community and would
indicate that the proposal that has been accepted was not
properly placed before the Planning Commission
consideration, let alone their ruling. Therefore, their
ruling is inappropriate. (2) Portable building - Mr. Loun
stated that portables are not compatible with neighborhoods.
They do not fit the area, do not fit in with residences.
Mr. Loun noted that the Library went to great expense to
provide a beautiful facility, something that looks good, is
landscaped and appropriate for a neighborhood. The City's
rules state that a temporary structure can be on the ground
for only a two year period, yet the there was a letter from
Mrs. Henninger of the Library that the intent is to lease
the property for a period of 5 years with an option of an
additional five years - this does not comport with a two
year limit for buildings that at not specified with the zone
and a portable does not comport. (3) In a previous SEPA
hearing Council heard the same proposal and at that time in
regards to Special Use Permits, the Planning Department
would be looking to identify the negative impacts on the
community in that area; and after they identified the
negative impacts whether there would be adequate conditions
TAPE #540
City Council Reg. Mtg. Minutes
April 27, 1988
Page 12 of 17
put in place to mitigate those impacts. Public testimony
has supported the concern over traffic and the hazard it now
and will present. A traffic study was performed, however
TCI just recently went into operation so the full impact of
that business has not been evaluated as part of the traffic
study. (4) City Staff report under Sanitary Sewer and
Stormwater indicates that the sanitary sewer line should be
located to the site of possible addition as shown on site
plan to facilitate future repair, subject to all
regulations. One of the conditions proposed to mitigate
this impact on the neighborhood is to widen the street.
Who is going to pay for relocation of the storm sewer and
the placement of the sewer lines...the citizens of Bremerton
in order to facilitate a private business or is Kitsap
Regional Library going to pay for it? Where the funds are
to come from has not been identified nor who will pay for
the widening of the street to put in the pull out lane for
additional parking. There is nothing in the Planning
Commission's proposal that identifies who should bear the
expenses. It was noted that signing for No Parking on one
side of the road proposes the City pays ~ and Mrs. Matan
pays ~. Why is the City paying ~ the cost? Mr. Loun
strongly objected to the City subsidizing expenses for a
private business. If there are going to be restrictions
then the very least there should be some identification as
to who will bear the cost and how they will be carried out.
In the staff report under Engineering Department it states:
" 1. Sanitary sewer permit required from Utility
Department. Lateral must be 6" rather than 4". Cleanouts
required at right-of-way, building and all major bends. 2.
Storm sewer available on East 33rd, otherwise all runoff
must be retained on site". Mr. Loun stated there is noting
in the Planning Commission's report that indicates anything
about retention of water on site. There is a slope to that
property, water will run to somewhere. Runoff is a concern
as identified in the staff report...how is it going to be
dealt with? (5) Parking of vehicles during drop off and
picking up times - East 33rd Street has a width of 32
feet - 20 vehicles transporting children are coming in and
out...children must be signed in and out - where will the
vehicles park while this is being done? Parking across the
street is being restricted, a pull out to allow 2-3 cars is
to be provided, however, where will other vehicles park in
order to drop off or pick up children. Will they park in
the 4 spaces being leased from the Library? The Library
parking lot was designed for the patrons of the Library and
objection to them leasing out space, as well as the leasing
of Library property, has been presented to the County
Commissioners. Mr. Loun emphasized that the information
presented by the Planning Commission is inadequate as to
the mitigation of the impacts. Traffic is a substantial
impact - when the High School is changed next year to a
middle school this will put 1,000 younger children in the
area...they will not be driving to and from school, many
will be walking and where will they walk...on Wheaton Way or
on the side streets, East 33rd and the other side streets.
Parents of the middle school children will also be dropping
off and picking up...this has not been addressed in any
study or included in any report. This is an impact that is
known.
Cecil McConnell, 3245 Almira Drive, stated that available
day care in the area included: Sylvan Way Christian School
for their next Pre-School session has 16 vacancies; View
Crest Day Care has 4 vacancies; Montisori Country School on
Sheridan Road has 10 vacancies for next session; Emanual
TAPE #540
City Council Reg. Mtg. Minutes
April 27, 1988
Page 13 of 17
TAPE #541
Lutheran Church will open their day care in September and
has the capacity of 25.
The following individuals spoke in support of the Appeal:
Dr. K. Guildjord, 3013 Halverson; Bernard Curley, 3251
Halverson; John Taylor, S245 Halverson; Rod Mihulka, 1511E.
SSrd Street; Bernard Ducker, 3219 Halverson; Allan Fry, 3207
Halverson; Don Reece, S251 Almira Drive; Ann Duke, S219
Halverson; Duane Lilecren, S254 Almira Drive; Paulus Gettie,
3308 Aimira Drive; A~nes Lervik, 3261 Aimira Drive; Patra
Harris, 3361 Aimira Drive; Edward Kittrell, 3322 Aimira
Drive; Elizabeth Treqer, 3321 Almira Drive. The following
were concerns expressed by the above individuals: (1)
encroachment of business into residential neighborhood; (2)
traffic congestion/hazard; (3) need for open space to ensure
property values; (4) portable buildings not compatible with
residential neighborhoods; (5)E. 33rd Street icy in winter
months; (6) pedestrian safety on E. 33rd Street; (7) need
for City to over turn previous ordinances relating to
special uses in residential area; (8) need for accurate
traffic information from time TCI moved into area; (8)
clarification of Planning Departments comments that rolled
curbs and sidewalks on E. 33rd Street were made of asphalt-
this appears to be incorrect statement; (10) loss of ball
fields for public use.
The following individuals spoke in opposition to the appeal:
Robin Walster- Crochran.; Dtanna O'Donnell, 1203 Pacific
Avenue; Ann Gregory, 3444 Circle Way, Constance O'Brian-
Bartholemew, 2001 N. Lakeway; Walter Gliniski, Mission
Lake; Kristi See, 5615 Fern Street; Gail Christianson, 1919
Katie Street; Pam George, 4451 Edgewood Drive; Raydell
Wallace, 1363 Jacobson Blvd.; Theresa Artants, Illahee,
Irene Hennin~er, Kitsap Regional Library; Denny Parsons;
Elizabeth Buell, 1722 High Avenue; Ruby Jones Powell spoke
representing 12 other individuals, Bremerton; Phil Sanford,
1107 Carrige Place, Olalla; The following concerns were
expressed by the above named individuals: (1) day care
facilities belong in open area areas; (2) Quality day care
is badly needed in Bremerton and it is currently not
available; (3) before/after school care is not available
within walking distance of schools - Sue Matan's facility
would provide this opportunity; (4) close proximity of day
care facility to library, ball fields and playfield; (5)
until Government does something about day care this is the
best choice; (6)trafflc is a problem in many areas of the
city - growth is an on going fact; (7) day care use not a
significant impact on traffic on E. 33rd Street; (8) desire
to have day care facility close to home in same
neighborhood.
Kathleen McCluskeV, City Clerk, read into the record a
letter-received from Kitsap YMCA, noted that the YMCA does
not have plans to provide day care services in East
Bremerton other than child care while Y members are using-
the facility. Ms. McCluskey read a letter into the record
from Diane O'Donnell in support of the day care facility.
Ms. McCluskey read a letter into the record from E. L.
Sturdivant citing tee number reasons why he is opposed to
the day care facility at the proposed site... citing traffic
hazard, loss of open space, inappropriate placement of
portable building, parking needs, etc.
Ed Davis, Current Planning, stated, in response to earlier
comments, that: (1) Zoning Ordinance...the Zoning Ordinance
TAPE #54~
City Council Reg. Mtg. Minutes
April 27, 1988
Page 14 of 17
does not consider temporary structures. Temporary
structures are looked on as mobile homes. During the past
six months there have been a number of portable structures
approved in the general area, i.e, on View Ridge School
property (last August). The term "Conditional Use" found in
the Zoning Ordinance and the term Special Use used in the
application forms are one and the same and are
interchangeable. (2) Trips generated past View Ridge
School - Mr. Davis referenced the Traffic Count taken by
the City Engineering Department on February 24-26, with a
vehicle count reflecting average daily traffic east of the
library driveways; and comparing the calculated street
capacity of 270 average hourly traffic with existing 50 AHT,
East 3Srd Street is 220 average hourly traffic below
capacity. These figures support the fact that street will
not be jammed up into a grid lock situation. (3) Planning
Commission placed condition to take parking off one side of
the street or other...to be left up to the City Engineer to
determine which side. No mention was made in the staff
report or in the conditions that the City split the cost of
placing No Parking signs. (4) Number of children on site
at any one time - Mr. Davis pointed out that the #1
condition set by the Planning Commission stated: "Approval
of a day care facility with a maximum of twenty (20)
children on-site at any one time. Any expansion shall
require a new Special Use Permit approved by the Planning
Commission". (5) Parking - the conditions set by the
Planning Commission stated that as a minimum an additional
lane adjacent to the proposed facility along the south side
of E. SSrd Street shall be constructed to accommodate three
(S) parking spaces along E. 33rd Street, that it be paved
with verticle curb and gutter and five (5) foot wide
sidewalk to a minimum dimension of 109 feet in length. The
Traffic Commission considered this and condition #S address
this as: "To reduce City liability, the required additional
lane shall be located on the applicant's property or
property under lease/control and may be adjacent to the
existing street. (6) Referenced to two year limit for
Conditional Use Permit - Mr. Davis explained this is
referenced in areas that are undeveloped. In this instance
it was determined that this area is already a developed
area. (7) Comprehensive Plan showing parks and open
spaces - Mr. Davis stated that schools are allowed outright
in parks and recreation portion of the Comprehensive Plan
and days care facilities are considered a school, whether it
is public or private. It was labeled a business because it
requires a City Business License, but it truly is a school.
Mr. Davis emphasized that all improvements to streets,
sidewalks, etc., would be at the expense of the day care
applicant.
Don Pratt, Director Community Development, responded to the
following issues: (1) legal description used on day care
application - Mr. Pratt noted that the legal description in
the application is incorrect, however, the Planning
Department will standby the process believing it was legal
and will withstand any legal test given. By way of
explanation, however, all notices that did go out did have a
corrected and proper legal description included. Part of
the application included a site plan which clearly
identified location of the site. (2)~Run off - run off is
reviewed by the City Engineer and Building Official at the
time of the Building Permit issuance when plans are
submitted.
TAPE #541
City Council Reg. Mtg. Minutes
April 27, 1988
Page 15 of 17
#1115
RandV Loun, Attorney representing Appeal applicant, stated
he was happy that the Planning Department acknowledged that
the original application had a legal description other than
the property being discussed. Mr. Loun called for any
proponents in the audience who received a notice with the
correct legal to stand...noting that no one stood up. Mr.
Loun stated that no notice of a change in legal description
went out in the notice and is an "error of law" and that it
was inappropriate for the Planning Commission to grant a
Special Use Permit on a property that was not discussed
before them by its legal description. The size of the
proposed building does not fit WAC 388-73-414. Every
parent must sign in and sign out their child .... where will
they park? Three spaces on site and four available in
Library parking lot...will this service 20 vehicles per
session...will they park in the street? Mr. Loun questioned
adequate play space available, citing WAC 388-73--440.
Also, question was raised as to proper space allocation for
"special care needs", referencing WAC 388-73-110. In regard
to the Section 13.03, conditional or temporary use permits
are for not more than a two year period. The day care
applicant proposes a five year lease with an option for
another five year period. Mr. Loun emphasized that the City
does not have any large area which is undeveloped...most
property is surrounded with small undeveloped areas mixed
in. Mr. Loun pointed out that the portable building is a
temporary type structure and would not be compatible with
the residential neighborhood. Traffic Count - question was
ra]sed regarding a vehicle being parked on the counter cable
during the time traffic count was taken. Mr. Loun
que,tioned the wording in the conditions relating to
placement of No Parking signs, "the applicant will pay
their fair share of the costs", and was not sure what it
actually meant. Mr. Loun emphasized that the proponents are
not against day care but are against placing it where
inappropriate. Mr. Loun stated that the most serious
problem was the deficiency in the way it was done.
Mr. Collins stated that since it is being labeled as a
school then it is appropriate placing it on school land or
in the area proposed. Future traffic signals at certain
intersections due to heavy traffic flow are eminent.
Mrs. Hotton stated she supported the day care, however she
felt that Condition #2 should read that it be required that
the applicant have off street on-site parking lot.
M/S/F( Horton/Horning ) to amended Condition #2 requiring
off street on-site parking lot to accommodate no less then
10 parking stalls.
Mr. Overson pointed out this is temporary parking need.
Mr. Hornin~ stated that there will be times when there is
overlapping of picking up and dropping off children and
supported requiring on-site parking.
Mr. Crutcher did not support the amendment because specific
number of spaces were not identified. Mr. Crutcher
expressed concern that two groups of people, young working
parents and senior citizens could not sit down and work out
their concerns together.
President Waibel stated that from personal experience he
supported the need for the three parking spaces.
TAPE #541
City Council Reg. Mtg. Minutes
April 27, 1988
Page 16 of 17
#~053
#1724
Mrs. Horton and Mr. Hornin~ agreed to include in the
amendment "not more than 10 parking stalls"
Mr. Colvin questioned the issues raised by Mr. Loun in
reference to WAC's. Lorna Cottitan, Assistant City
Attorney, stated that Council lack jurisdiction over
authority to enforce those WAC's. The WAC's would be
enforced by the State during the licensing process. Ms.
Cottitan suggested that the Council consider the substantive
provisions of the application and not the legal
ramifications. Ms. Corriqan pointed out the Council
responsibility was to determine if the use is compatible
with surrounding uses permitted in the zone; and secondly,
whether there are impacts on the surrounding neighborhood
and have they been satisfactorily mitigated.
Ed Davis stated that in regard to the legality of the legal
description... all of the announcements, postings on the
site, newspaper advertising reflected the site plan on E.
33rd South of the Kitsap Regional Library and not on the
legal description on the original SEPA checklist.
VOTE: In Favor:
Oppose:
Hotton, Homing, Johnson
Overson, Crutcher, Collins, Dawkins,
Colvin, Waibel
Amendment failed requiring 10 parking spaces.
Mr. Dawkins raised a point regarding a possible different
site located. on View Ridge School District property.
M/S/C(Colltns/Crutcher) to uphold the Planning Commission's
granting of a Special Use Permit for a day care on E. 33rd
Street subject to the six conditions outlined by the
Planning Commission.
Vote:
In Favor: Crutcher, Collins, Overson, Waibel
Oppose:
Hotton, Homing,
Johnson
Dawkins, Colvin,
Ms. Corri~an stated that the current Zoning Ordinance
requires 2/3 vote of the membership of the Council to over
turn the position of the Planning Commission. The motion
was phrased in the affirmative so four or more votes in the
affirmative backing that motion will carry. Had the motion
been phrased in the negative, such as "I move to over turn
the Planning Commission", it would take 6 affirmative to
overturn a decision.
M/S/F(Johnson/Horton) move to over
Commission and uphold the appeal.
turn the Planning
Vote:
In Favor:
Oppose:
Homing, Hotton, Johnson, Dawkins,
Colvin
Collins, Overson, Waibel Crutcher
Motion fails.
With no further business meeting adjourned at 9:45 p.m.
TAPE #541
City Council Reg. Mtg. Minutes
April 27, 1988
Page 17 of 17
K~AH~MCCLUSKEY, CITY CLERK
A_P~__~J_~~~'_
HANK WAIBEL, Council President
City of Bremerton
KLM/HW/me
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