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HomeMy WebLinkAbout08/31/88SF-P & 966 TAPE #569 UNPPROVED DRAFT CITY COUNCIL MEETING MINUTES AUGUST 31, 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, August 31, 1988 at 5:30 p.m., with Council President Hank Waibel presiding. Council members present were Lon Overson, Spencer Horning, C. R. "Tiny" Collins, Morrie Dawkins, Shirley Marry Crutcher and Russ Johnson and A1 Colvin. Councilman Lynn Horton was absent Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Hank Waibel and Invocation was given by Reverend Michael Grimshaw of the Church Of the Nazarene 048 .063 CONSENT AGENDA A. Minutes of Meeting held - August 17, 1988, #AB88-211 M/S/C/U(Horning/Crutcher) 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. auditing officer as expense reimbursement 42.24.090, have been made available to the M/S/C/U(Colvin/Dawkins) on August 31, 1988, the Council does approve for payment those vouchers included and further described as follows: 38322, 38328 through 38444 in the total amount of $141,187.10 and Retirees' Payroll in the total amount of $50,589.64. COUNCIL MEMBER REPORTS Mr. Colvin commended Kitsap County Fair officials for one of the best fairs he has ever artended in Kitsap County. Mr. Colvin requested the City Clerk to read a letter in to the record which he received from a group of constituents in his district. Kathleen McCluskey, City Clerk, read into the record a letter received from 19 residents in District #1 indicating their support of the Brem-Air Disposal, Inc., dura can type garbage cans. They cited merits for the cans which included: ample space, close tightly, bird, cat and dog proof. And, they have noted a cleaner community in the area where the cans have been used on a trial basis. Mr. Collins called Acting Police Chief Joe Hatfield to give an update on cruising in the downtown area. Actina Chief Hatfield reported that as a result of discussions held with the Council a few weeks previous, the Police department had taken steps to control and curb cruising and introduced Lt. Dennis Plumb to explain the measures taken over the past four weeks. Lt. Dennis Plumb,Bremerton Police Department, explained that on the weekend of August 5/6 an emphasis patrol was set up in the downtown area with approximately 8 uniformed officers patrolling on foot down Pacific Avenue and on 6th Street. During that emphasis there were 49 traffic citations and 8 physical arrests. The following week, August 12/13, a barricade system was set up which curtailed cruising, allowing only traffic with specific needs within the downtown area. During this effort there were 16 traffic citations and 7 arrests. On the weekend of August 19/20 there were no barricades placed, however, the cruising traffic was drastically reduced with about 1/2 of the number of citations written from the previous week. During the weekend of August TAPE #569 City Council Reg. Mtg. Minutes August 31, 1988 Page 2 of 20 26/27 barricades were again placed which basically shut down any cruising. He noted that a plan, based on this experience, will be continued but possibly not to as great extent. He anticipates setting up a two-man patrol to see if it will be adequate to control the reduced number of cruisers. He stated there would be periodic greater emphasis patrols along with some barricading. Actina chief Hatfield noted that Police efforts to reduce cruising had been successful without having to resort to adopting an Anti-cruising Ordinance. Mr. Hornina questioned if the reduction in cruising vehicular traffic had an effect on foot traffic in the downtown area? Lt. Plumb stated when the vehicle traffic left the individuals sitting along the streets soon vacated. Mr. Collins thanked Acting Chief Hatfield and Lt. Plumb for their presentation and noted that the Police Department had done what they had been asked to do by the Council. Mr. Waibel reported he attended the Kitsap County Fair and was favorably impressed. He also read a letter from City Attorney Ian Sievers to Brem-Air Disposal, Inc., which stated that the City cannot, per City Charter, enter into contract negotiations prior to two years from the expiration date of the contract. Mr. Waibel explained that Brem-Air Disposal Inc., had requested opening the current 10 year garbage collection contract in order to start use of the Dura Can type garbage receptacle, which would bring about an increase in cost to the consumers and allow Brem- Air to reclaim some of the operational costs incurred. Mr. Siever's legal opinion stated that the City cannot initiate renegotiation of that contract until November 1, 1989. Mr. Waibel suggested that Brem-Air Disposal, Inc., talk with Mayor Lobe about other options that may be used to initiate use of the Dura Can as well as recycling efforts. He noted that the City Council is not holding up use of the Dura Cans. PUBLIC RECOGNITION Mayor Gene Lobe announced that Dave Hiestand, Director of Personnel was leaving the City after five years of service. He noted that Mr. Hiestand had performed exceptionally well and thanked him for the great service he had given to the City of Bremerton during his tenure. Dave Hiestand stated it was time to say good bye, thanke~ the City Council for the opportunity to work for the citizens of Bremerton. He noted that he had served in a difficult role, however, he had great hope for the City's future years and noted that it would demand the best from everyone. Gordon Hackler, 2121 E. 19th, representing 39 condominium owners on 19th and Naval, spoke in reference to the Dane property and the need for some type of action requiring that it be cleaned up. Bob Stier spoke on the issue of the Dura Cans and gave his support to future use of the Dura Cans and felt that having a garbage company monopoly was in the best interest of the City. Dr. Dennis La~er, 3620 Jack Pine Drive., Rehabilitation Program Administrator at Frances Haddon Morgan Center, spoke in favor of the Dura Can garbage cans. He noted the benefits were: easily rolled to curb, large enough to hold extra garbage, as well as easier dumping for the garbage collectors - he felt that the citizens should have the right to purchase them and use them. Cherly McCallouch, Bremerton landowner, spoke in favor of the Dura Can noting properties are maintained cleaner, the resident does not have to purchase them and they will be replaced in the event of damage. She hoped that the City would find some way to change the contract so that the citizens will be allowed to use the Dura Cans. .224 TAPE #569 City Council Reg. Mtg. Minutes August 31, 1988 Page 3 of 20 Ed Rollman, 1331 Elizabeth Avenue, announced Howard Duff, the actor, would be appearing in Seattle on September 17. He stated he would like to attend that event as a representative of Bremerton, recognizing the fact that Mr. Duff was born in Bremerton and is a native son. Mr. Overson requested the City Council issue a letter to Mr. Lindgren to re-initiate negotiations and encouraged citizens to contact Mr. Lindgren to work with the City to resolve the issue of the use of the Dura Cans. Mr. Johnson stated for clarification the misconception - no one said people can't buy a Dura Can...they are available in the City of Renton for $65.00. Also, there are other types of garbage cans with wheels or carts to transport garbage cans to pick up point. Mr. Colvin stated he did not want to intimidate citizens from coming before Council with their concerns and encouraged the citizens to keep contacting Mr. Lindgren and urge him to open communications once again. President Waibel reported that the City Attorney had written a letter to Mr. Lindgren's attorney in which he stated that due to the City's Charter a 10 year contract cannot be opened for renegotiation until two years prior to expiration which would make it November 1, 1989. City Clerk Kathleen McCluskey read a Proclamation in which Mothers Against Drunk Driving (MADD) and Volkswagen United States, Inc., have designated Saturday, September 3, 1988, Labor Day Weekend as the second annual DRIVE FOR LIVE DAY - with Mayor Lobe so declaring September 3, 1988 to be celebrated in the City of Bremerton by joining the national campaign to prevent drunk driving fatalities. 6A - CONFIRMATION OF DIRECTOR OF PERSONNEL - CAROLINE MARSHALL, #AB88-212 Ordinance #4005 requires confirmation of appointments to management positions. On 6/17/88 the position of Personnel Director was posted and advertised for application. Sixteen (16) applications were received, of which the six (6) "best qualified" applicants were interviewed by a panel of three (3) Personnel Directors and a representative from the Mayor's office. Caroline V. Marshall ~s selected by the interviewing panel as the top candidate for the position of Personnel Director. She has thirteen (13) years of personnel and labor relations experience and holds a Bachelor's Degree in Business Administration. Mayor Gene Lobe announced Caroline Marshall was present after a west coast-wide search. He noted Mrs. Marshall came with a very impressive resume as well as extensive experience and several of her references noted that they would gladly rehire her if they had the opportunity. President Waibel questioned if the contract was a boiler plate document? Ian Sievers, City Attorney, stated that there was one exception - that being exemption from Civil Service. At present the position is in Civil Service and a personal waiver has been provided by Mrs. Marshall, which is similar to the clause used by Chief Coney. President Waibel raised the issue of who would rate her performance, noting that the contract should be corrected to reflect the Mayor as responsible person for the performance evaluation. M/S/C/U(Crutcher/Colvin) to confirm Mayor Gene Lobe's appointment of Caroline Marshall as Director of Personnel and approve the Personal Services Contract with correction as stated: "Section 6 Performance Reviews: Performance reviews shall be completed annually by the Mayor". Caroline Marshall, new Personnel Director, thanked the Mayor, TAPE #569 City Council Reg. Mtg. Minutes August 31, 1988 , Page 4 of 20 City Council and Dave Hiestand for being so courteous and having produced for her a lot of time in bringing her up-to-date on current personnel issues. She noted she is looking forward to moving to this area and working with everyone. Mayor Lobe presented Mrs. Marshall with a "Bremerton" hat and lapel pin. 6B - GRANT AGREEMENT TO ACCOMPLISH AN ECONOMIC ANALYSIS OF DEPARTMENT OF NATURAL RESOURCES (DNR) WITHIN BREMERTON, #AB88-213 DNR manages State Tideland Leases. In order to achieve a proactive management, DNR wishes. to identify what types of activities are appropriate for DNR-managed tidelands in the City. As part of its Community Development Development, Environmental Protection and City desires an updated listing of activities. Process (Economic Urban renewal), the suitable waterfront A joint effort will assure coordination between zoning, shoreline planning and economic development marketing. The City expects one of the products to assist in marketing shoreline locations to business in and out of the City. The City's share of the $12,500 budget will be $2,500 and will be primarily in the form of administrative staff hours. The project will be managed by the City use of a consultant. and accomplished by the Don Pratt, Director of Community Development, stated Council is being asked to authorize submittal of application for the grant and to authorize the Mayor to negotiate and sign a contract which has been forwarded for the City's consideration. As far as the product, the City does have adequate waterfront which should be marketed and this would assist the city by providing some raw material to use in marketing the waterfront. Mr. Johnson questioned what type of tidelands are not DNR tidelands? Mr. Pratt stated there are some exclusions - some tidelanCs were sold to private ownership years ago and still remain in private ownership. Mr. Johnson questioned the type of uses listed, noting that they reflected a commercial aspect and how would that relate to the fishing pier, etc.? Mr. Pratt stated they were looking at economic development when developing the preliminary list and he was open to adding public use to the list for consideration and review. He stated one of the things the study would have to do is look at the Shoreline Master Plan which is adopted and see where development is permitted. And, where development is permitted look for the types of activities that can be permitted. In a sense there is a preliminary screen because public places may not have been made available for development in the City's own ordinance. Mr. Colvin questioned the City's share of the cost for the study... $2,5007 Mr. Pratt stated in order for the City to receive $10,000 back from the State documentation of an expenditure of $2,500 will have to be made on the grant of the City's money ...termed soft cost. He noted that making the presentation to council provides an opportunity to "clock expenses" on the contract. Mr. Dawkins questioned if Kitsap Lake would be included in the study? Mr. Pratt stated the intent, like Lake Union which is urban waterfront and becoming more into non-water use - some marine industries are being displaced by businesses paying higher rents and the City will be looking at some of the marine industries and possibly relocating them to our area. TAPE #569 City Council Reg. Mtg. Minutes August 31, 1988 ~ Page 5 of 20 560 Mr. Crutcher expressed concern that by adding recreational uses Mr. Pratt's work load will be increased and would this have a negative affect? Mr. Pratt stated to his understanding of the amount of money to make the study - adding the recreational uses should not add a significant amount. M/S/C/U(Johnson/Colvin) to authorize the Mayor to negotiate a contract with DNR and the City of Bremerton to include the commercial uses listed in the agenda packet and non-commercial uses as appropriate for those tidelands and to include the copy writing provision recommended by the City Attorney and City staff. 6C - PROPOSED CITY CHARTER CHANGES, #AB88-210 On March 30, 1988 the City Council established the Ad Hoc Charter Review Committee and tasked them to review the City's current Charter and present recommendations for change. The proposed changes to the City Charter entail six ballot titles related to four sections of the City Charter. The four sections are: Section 7 (Vacancies); Section 16 (Ordinances...when effective); Proposed Section 40(Boards and Commissions - member qualifications; and Section 23 (Finance). Mr. Johnson noted all the changes discussed the previous week were written in italic in material provided in the Agenda packet. Also, as a result of last week's meeting Mr. Johnson presented new information regarding "filling the vacancy of the Mayor/and/or City Council positions" (note: 11 of the 12 Charter Review Committee members had been polled on this change as well as a memorandum being provided to the Mayor and City Council members.).."modify the City Charter to fill the vacancy of the Mayor and City Council by appointment by the City Council until the next General election at which time a person will be elected to serve out the term". Mr. Johnson urged the City Council to carefully consider any changes they may desire considering the time and effort put in by the Charter Review Committee members. President Waibel stated each addressed separately. individual Title Ballot will be Bill Amo, 6524 Lake Drive, stated his strong support to require Bremerton city residency for members on the Planning Commission and Parks Commission. Cecil McConne11, 3245 Almira, member Charter Review Committee, stated he wanted the Charter Review Committee's recommendations to go to the voters just as they were written by the Committee. He noted if Council choose to make changes to the proposals next time they try to form a citizen committee they may have difficulty finding anyone to volunteer. Jim Adrian, 621 Washington Avenue, member Charter Review Committee, stated his support of the "residency requirement for boards and commissions". He did not believe it would have an adverse affect on the City as there were only seven committees it could affect nor was it an unusual requirement...other cities in Washington have such a requirement as well as other cities in other States. Mr. Adrian pointed out that Bremerton was one of the few cities which had not previously addressed the residency requirement for Boards and Commissions through a Resolution or Ordinance. In response to the issue of having difficulty to fill vacancies he felt that a different approach to marketing, such as using Cable Access, civil organizations, advertising in the local newspaper, etc., would bring forth volunteers. TAPE #569 City Council Reg. Mtg. Minutes August 31, 1988 Page 6 of 20 ~845 :883 Jim Strait, 6530 Harlow Drive, representing Kitsap Lake Neighborhood Association, supported placing all of the proposed Charter changes on the ballot as written. He noted the ones he was most associated with was the working of the Planning Commission and Parks Board and strongly urged keeping the membership to residents of the City. E. L. Sturdivant, 3231 Halverson, member Charter Review committee, stated all the proposed ballot titles were viable and that it should be up to the vote of the people to decide if they want the recommended changes. Mr. Sturdivant pointed out that voter turn out during a Presidential Election is generally high (about 80~ of registered voters). Also, he volunteered to assist in recruiting and screening volunteers to serve on Boards and Commissions. Georae Allan 1300 NE Dawn Rd., Bremerton property owner, stated even though he lives outside the City but is a property owner, does not give him the right to serve on Boards or commissions Pat Carey 108-B Oak Street, stated proposed ballot titles should be placed, voters. his concurrence that the as written, before the Glen Vockrodt, 1409 Marolow Avenue, stated his support that members of Boards and Commissions be residents of the City of Bremerton so that decisions made affect their neighbors as well as themselves. Allan Fry, 3207 Halverson, spoke in requirement for Boards and Commissions. favor of the residency Terry Bow, 1930 Snyder, member of the Charter Review Committee, supported the residency requirement for Boards and Commissions and noted that provision was made to deal with instances where exceptions can be made to best serve the City. He noted that this was the first time he had ever served, as a volunteer, on a committee for the City and he questioned previous City efforts to seek out volunteers for Boards and Commission members within the residency of the City of Bremerton. He also stated he was proud to have served on the Charter Review Committee and supported placing the Ballot Titles before the voters as recommended by the Committee. M/S/C/U(Johnson/Colvin to approve Ballot Title #1 - Add a section to the City Charter requiring the removal of an elected official upon a plea of guilty to a felony. M/S/C(Overson/Colvin) to approve Ballot Title #2 - Modify the City Charter to require all members of City boards and commissions established by ordinance or charter to be residents of the City, unless otherwise stated in the ordinance or Charter. Mr. Collins expressed concern that property owners who live outside the City should not be excluded from membership on boards and commissions - noting that they may have just as great or greater economic interest as someone who lives inside the City. Mr. Hornina stated this is the time of cooperation and if the City excludes those outside the City Limits to serve on boards and commissions it will be difficult for the City to ask them in - a form of isolationism. He stated he would support placing the issue on the ballot so that the voters may decide. He did emphasize the importance of working cooperatively with the County and other agencies within the County/City area. PE 208 TAPE #~0 City Council Reg. Mtg. Minutes August 31, 1988 Page 7 of 20 #570 Mr. Dawkins questioned if the City had something already in ordinances or the Charter regarding memberships on current committee/boards and did the proposed change provide a vehicle for exceptions? Ian Sievers, City Attorney stated he was not aware of any membership restrictions at this time and the proposed change does include a vehicle to use in the came of exceptions. Mr. Johnson noted that the proposed ballot title provides a method for the City Council to get their procedural house in order. President Waibel supported having the majority of memberships be residents of the city. He felt that the largest financial contributors to the City are the businesses and by restricting all memberships to residents it will preclude business owners from serving unless Council takes affirmative steps when filling vacancies. M/S/F(Waibe1/Collins) an amendment to the motion to modify the City Charter to require that the majority of membership of the City's boards and commissions be residents of the City. Mr. Johnson expressed concern that the amended motion would cause procedural problems due to staggered terms. Mr. Sievers noted he did not see a problem with the terms, however, it would limit options on new appointments. Jim Adrian, 621 Washington, stated from a procedural stand point it was a slap in the citizens face to come up with an amendment after the extensive period of time spent on the issues by the Charter Review Committee and makes a mockery of citizen efforts. The Committee provided a procedure where by the City council could have the flexibility to appoint non-residents if deemed in the best interest of the City which could be handled through the ordinance process. Terry Bow, 1930 Snyder, concurred with Mr. Adrian's comments regarding flexibility of the recommended change and noted that in the past the City has been directed by ownership and he felt it was time the citizens took control of issues and concerns that greatly affect them. E. L. Sturdivant, 3231 Halverson, encouraged the Council to vote down the proposed amendment because he felt it was an affront to the committee and that there was plenty of opportunities for resident and non-residents to give input to boards and commissions on any issue. Bill Amo, 6524 Lake Drive, cited his strong concern over past events of spot zoning throughout the City which was allowed and/or recommended by members on the Planning Commission who were not residents of the City and who did not always serve the best interest of the citizens in making their city livable. Cecil McConne11, 3245 Aimira Drive, stated that business people living outside the City have Bremerton more at heart than citizens inside the City. He noted business operates on profitability and that profitability is diminishing in the downtown area as is some of the livability of outlining areas diminishing. However, he supported letting the citizens of Bremerton determine who will be allowed on boards and commissions. Mr. Crutcher expressed concern that this him as well as citizens. issue is confusing to President Waibel stated he did not intend to affront any one by his making the amendment but he did remind everyone that the 979. 004 050 TAPE #570 City Council Reg. Mtg. Minutes August 31,1988 Page 8 of 20 Committee was asked to bring council - not asked to write amendments. "recommendations" to the City them without Council making Mr. Dawkins stated his support for the original motion noting that the City should be concerned with business people who live in surrounding areas of the City that may be annexed in the future. Vote: In Favor: Collins, Waibel Oppose: Colvin, Johnson, Overson, Crutcher, Homing, Dawkins Motion failed. Vote on Original Motion: In Favor: Johnson, Overson, Crutcher, Horning, Collins, Dawkins, Colvin, Oppose: Waibel M/S/C/U(Johnson/Horning) to approve Ballot Title #3 - Revise the Finance Section of the City Charter to summarize the original Charter language and to reflect State law and the Mayor-Council form of government. M/S/C/U(johnson/Horning) to approve Ballot Title #4 - Add a procedure to the City Charter for filling a vacancy of the Mayor or a City Council member by appointment by the City Council until the next General Election at. which time a person will be elected to serve out the term. M/S(Johnson/Colvin) to approve Ballot Title #5 - Modify the City Charter to redesignate the City Attorney as an ex-officio, non voting member of the City Auditor Committee and remove charter language "The independent consultant shall be an elector of Kitsap County". Mr. Overson questioned why this item was recommended by the Committee due to the fact that by removing the City Attorney from a voting position it creates the possibility for "tie vote" without a way of resolution. He supported leaving the committee structure as it currently stands. Mr. Crutcher stated his disagreement with the Charter language- he felt that the City Attorney should be available for independent legal opinions and not be in a voting position. Mr. Collins stated the Audit Committee is functioning well under the current structure. He noted that the Committee had recently gone through some trying times but was stronger due to the Committee makeup and he did not support placement of this item on the ballot. President Waibel stated he believed the proposed committee structure would load the committee in favor of the Council. By eliminating the City Attorney, who reports directly to the Mayor and City Council, the balance will be affected in making it independent and in balance. By taking the City Attorney out of the committee - it would be tampering with the original intent of the creation of the Audit Committee. Mr. Dawkins stated after years he felt that the City crucial. serving on the Committee for three Attorney's input on issues w~s Mr. Crutcher questioned, from a legal standpoint, if the City Attorney remained on the Committee could he give legal advise to the Auditor as a City employee? Mr. Sievers stated he was not the attorney for each employee as individuals - does serve as the .697 .987 ]215 TAPE #570 City Council Reg. Mtg. Minutes August 31,1988 Page 9 of 20 attorney for the City as a municipality. Mr. Sievers explained that he felt it presented the opportunity for conflict between the Mayor and City Council in the event the City Attorney offers advice to one or the other and the other disagrees. Mr. Hornina called Jim Adrian to the podium to address the Council on this item. Jim Adrian, past Council member and member of the Charter Review committee briefly outlined his involvement in developing the Audit Committee through a previous Charter Review Committee and serving on the Committee itself for two years. He noted that from a historical point the previous City Attorney was involved with the formation and function of the Committee, requests from Municipal Research during formation of the Committee did not address this particular issue to reflect a negative impact. Mr. Adrian stated he did not support having the City Attorney serve as a voting member of the Committee, however, he did feel the importance of having him available for legal opinions. In relation to the possibility of a continual "tie vote", he had suggested to the current Charter Review Committee to bringing in an additional citizen to serve on the Committee. Mr. Hornina expressed his concern and did support citizen on the Committee. adding another Mr. Collins strongly urged the continuation of a five member structure for the Audit Committee. Mr. Johnson pointed out that with the removal of the City Attorney from the Committee it places all the votes with the elected officials and citizen - leaving out the staff representation. He felt in the long run that the recommended change will improve the Committee function and he supported the recommended change. Mr. Johnson also stressed the importance of legal input to the Committee. M/S/C/(Horning/Colvin) moved to approve an amendment motion to include at the end of the word "Committee": include a second citizen of Bremerton in his place". to the "and to President Waibel questioned the exact wording of the Charter language for this change - who will be responsible to provide it? Mr. Hornin~ stated he would leave that to someone else. Vote On The Amendment: Vote: In Favor: Abstain: Collins, Colvin, Johnson, Overson, Crutcher, Horning, Waibel Dawkins M/S/C/U(Waibel/Colvin) to continue the main motion until September 7th City Council meeting, at which time the Charter language can be amended to reflect the above noted change. Mr. Sievers questioned if the second citizen selected by the membership of the Committee? stated that did not have to be included in the should be included in the text. member would be President Waibel Ballot Title but M/S/C/(Johnson/Colvin) to approve Ballot Title #6- Modify the City Charter to allow the City Council by a majority plus one vote of the members in attendance to change the waiting period for a non-emergency ordinance to take effect from 30 days to no less than 10 days and Charter text with the insertion of a "comma" after the wording"[and passed by unanimous vote]," Mr. Hornin~ stated that he believed the City council could function on a majority vote of those present at the time a vote 451 TAPE #570 City Council Reg. Mtg. Minutes August 31,1988 , Page 10 of 20 is taken. Mr. Colvin questioned if an amendment can be made by just striking the works "plus one"? Mr. Johnson stated that the proposed Charter change is a compromise from the Charter Review Committee. Currently an ordinance passage is by a simple majority plus two readings and 30 days. There are instances where items need to be addressed quicker - necessitating a unanimous vote - 0 days. The proposal provides another option by having one extra vote it could be enacted more quickly, and within a 10 day period. Mr. Hornina believed the major compromise was in the 10 day vs 30 day enactment period vs zero. Mr. Hornina requested anyone sitting in the audience who served on the Charter Review Committee to come forward and speak on this issue if so desired. (Note: no one responded.) Mr. Collins explained that currently the City only has an Emergency procedure which has 0 days for enactment. He stated there are times when items come up which need to be addressed in a more timely manner than the required 30 day enactment period. The proposed change offers a flexibility to carrying out City business and still give the citizens time to object if they so desire. Mr. Crutcher did not support inclusion of the "plus one" as it creates a situation where the public could be short changed. He supported keeping with a "majority vote". M/S/C(Horning/Crutcher) moved to approve an amendment to the motion to exclude the wording "plus one" from the text in Section 16. Mr. Overson pointed out that he would not support the amendment due to its not being presented as written by the Committee. Cecil McConnell, member of the Charter Review Committee, stated he personally supported Mr. Horning's amendment ..."to a majority"...in that he has a valid point that by a majority vote of the Council members they would be carrying out the wishes of the people. Vote On The Amendment: In Favor: Crutcher, Horning, Waibel, Dawkins, Colvin Oppose: Johnson, Overson, Collins Vote On Main Motion: Vote: In Favor: Oppose: Overson, Crutcher, Horning, Waibel, Dawkins, Colvin, Johnson Collins 7A - ORDINANCE (FIRST READING) REZONE FROM R-1 TO B-2 (FILE RZ-2- 88) LOCATION: 834 AND 840 CALLAHAN DRIVE, #AB88-214 On August 3, 1988, the City Council approved the subject site to be rezoned from R-1 Residential to B-2 Business subject to certain conditions. Before such action is legally in effect, the new ordinance for subject rezone must be read two times by the City Council, published in a local newspaper and have a 30 day waiting period (Article III of the Bremerton Charter}. The conditions applicable to the rezone are contained in the ordinance under Section 2 - Specific Conditions. Ian Sievers, City Attorney, stated the revised draft Ordinance was handed out prior to Council meeting, reflecting two changes: (1) deletion of the "condition on the rezone that the property will be rezoned something at some future date". Mr. Sievers 851 TAPE #570 City Council Reg. Mtg. Minutes August 31,1988 ~ Page 11 of 20 noted this is an unlawful condition and should be removed; (2) incorporation of the restrictive B-2 uses into the ordinance and should be recorded on the property records of the subject property. President Waibel noted the changes are in line with the spirit of the motion as the list was discussed prior to the motion. Mr. Dawkins expressed is reservation on the safety aspect of the intersection. President Waibel noted for clarification that staff had been previously directed to look at the safety of that intersection. Mr. Johnson questioned what would happen to Concomitant Agreements when the new Zoning Ordinance is passed? Mr. Sievers stated unless the new Rezone and Map carry those forward as current zoning for those parcels, the properties would be rezoned by the new rezoning action and map. They would become non- conforming uses, still controlled by the Concomitant Agreements. If the zoning was more liberal then they could take advantage of that more liberal rezone and map. If no actions are taken to implement Concomitant Rezone, there is no-conforming use vested. Mr. Johnson questioned for clarification - if the Council passes the proposed Concomitant Agreement does it mean anything once passes? Mr. Sievers stated in this case probably not because it is likely to be zoned the same as the Concomitant Agreement but if it were to be different .then it would have a non-conforming use. M/S/C/(Horning/Colvin) to approve Ordinance, on first reading, for Dr.'s Kenneth Cogen and Paul McCullough's request for rezone from R-1 to B-2 with conditions. Vdte: In Favor: Abstain: Crutcher, Horning, Waibel, Collins, Dawkins, Colvin, Johnson Overson aPE #571 8A - PUBLIC HEARING - SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT - BREMERTON FERRY TERMINAL, ~PPLICANT: WASHINGTON DEPARTMENT OF TRANSPORTATION The City Council, as the Shorelines Hearing Board, is requested to approve a Shoreline Substantial Development Permit for the construction of a new concrete trestle, transfer span, transfer span towers, a new bulkhead paving, traffic control islands, and barriers at the Bremerton Ferry Terminal. Council action is required because the proposed development is located with in 200 feet of Sinclair Inlet in the Bremerton Shoreline Management Master Program jurisdiction. President Waibel asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members present being seated. Ed Davis, Current Planning Manager, Community Development Department, began staff input with a slide presentation which showed location of the proposed project. The Special Use Permit being requested is different from the one previously requested about 1-2 years ago which ventured north in approvals of the Ferry terminal expansion and encompassing the old YMCA site. Mr. Davis also provided a view graph which outlined the designated areas encompassing the proposals for construction and a detailed engineering drawing showing the replacement bulkhead. Approval of a Shoreline Substantial Development permit must be based upon the following criteria: (1) Consistency with the policies and procedures of the State TAPE #571 City Council Rag. Mtg. Minutes August 31, 1988 , Page 12 of 20 Coastal Management Act; (2) Consistency with (BMSP); the Bremerton Master Shoreline Program (3) Consistency with the Bremerton Comprehensive Plan. Staff report reflects: (1) Consistency with the State Coastal Zone ManaGement Act: The Shoreline Management Substantial Development process, including public notification and public hearing before the City Council, is consistent with the'Coastal Zone Management Act. (2) Consistency with the Bremerton Shoreline ManaGement Master ProGram (BSMMP): The BSMMP, adopted in 1977 and recently amended by the City Council (amendment still awaiting state approval, designates the site as an Urban Commercial Environment. Part IV of the BSMMP, Page 15, describes the Commercial designation: Commercial This designation is primarily for those areas which range from the high intensity business district and small light industry to the small commercial operations located in the various neighborhoods. The intent of this designation is to encourage commercial development that could enhance public access to the shoreline either physical or. visual, and provide a setting for the commercial operation that will be of economic benefit. Ports, piers and docks, shore defense works, including bulkheads and commercial development as identified by the use Compatibility Chart (Part VII, page 23 of the BSMMP), are permitted uses within the commercial designation. The appropriate sections of the BSMMP regarding Goals, Policies and Regulations for these Shoreline Use activities are attached at the end of this report as Ex. #III. The proposed development is consistent with the Goals and Policies of the BSMMP and complies with the regulations. 3. Consistency with the Bremerton Comprehensive Plan: The Comprehensive Plan Map designates the ferry terminal site as Public/Quasi Public Facilities. The Transportation Element of the Comprehensive Plan text supports the construction of a new ferry terminal that accommodates the needs of the ferry and bus users at the present site (Transportation Element, Water Transportation, Objective 6). The proposed application is consistent with this aspect of the Comprehensive Plan. Mr. Davis stated that staff recommends approval' of the request for Shoreline Permit subject to the following conditions: (1) Stormwater runoff shall be collected and then passed through oil/water separator(s) prior to being discharged from the site. The oil/water separator system design shall be approved by the City Engineer. (2) The oil/water separator system shall be regularly maintained by the applicant/developer to insure its maximum efficiency and operation. (3) The Washington State Department Of Transportation shall work with the Director of Community Development or his appointee to incorporate materials, colors, and landscaping that are consistent with existing ferry terminal and proposed development of the City's downtown waterfront. TAPE #571 City Council Reg. Mtg. Minutes August 31, 1988 Page 13 of 20 Jerry Daniels, P.E., Terminal Project Development Engineer - WSDT - Marine Division, read into the record the following statement: The existing Bremerton landing slip and trestle were built prior to 1950 and have had numerous repairs done since that time. Inspection of the facility in 1985 revealed a large number of structural deficiencies which were serious enough to require some immediate repairs and enforcement of weight restrictions to keep the facility in service until permanent repairs could be planned, budgeted and implemented. In 1986 some necessary repairs were made to the trestle to allow for installation of the temporary passenger-only facility. In 1987 the YMCA building was purchased and plans started for its removal. As a part of the permanent improvements, the old terminal building and a portion of the overhead passenger loading facility were removed in early 1988 and replaced with the current, interim terminal building. There are three projects scheduled for completion in the current biennium, ending in June, 1989. The first is a contract to remove asbestos from the YMCA building in preparation for its demolition. A contract has been awarded for the project, which is expected to last about 50 working days and cost approximately $67,000. The second project is for demolition of the old YMCA property and expansion of the vehicle holding area. The expanded holding area will accommodate 120-150 vehicles and be accessed at a new toll plaza on Washington Avenue. Other features of this project are new exit lanes direct to the intersection of 1st Street and Washington Avenue, traffic and pedestrian facility improvements for safety and efficient operations and a public park facility at the corner of 1st Street and Washington Avenue adjacent to the Ferry Terminal. Plans are being prepared for this project with a start of construction possible about January, 1989, at a cost of approximately $725,000. The third project, the subject project for this hearing, will address the deteriorated trestle and inadequate vehicle loading equipment. We propose to replace the existing timber trestle with concrete construction, extend the trestle 10 feet further offshore, build a new sheet pile bulkhead 3 feet in front of the existing timber bulkhead, install a new vehicle bridge with new support structure and extend the existing passenger-only trestle to connect with the new concrete trestle. The primary purpose of this project is to perform required maintenance. The Shoreline Permit is required because of the proposed 10 foot expansion of the trestle which is to provide adequate areas for staging of transit vehicles, pedestrian loading areas for transit and passenger-only and sidewalks. Without the proposed widening, this project would be exempt from the Shoreline Permit requirement. Construction of this project has been divided into four phases. Each phase is for a different area of the trestle and is planned to present the least possible disruption to operations and service. The second phase addresses replacement of the vehicle bridge, bridge seat, towers and approach trestle. A closure of the facility to vehicle service will be required while this work is in progress, an estimated 42 working days. Some level of passenger service will still be possible during this time. The other phases of construction will not require closure of the vehicle loading facility. Current schedule for the project is to advertise for bids in late September and start construction about January, 1989. Work would begin on Phase 2 about February and last approximately 42 working days. However, we plan to offer the contractor substantial TAPE #571 City Council Rag. Mtg. Minutes August 31, 1988 Page 14 of 20 financial incentives to complete the Phase 2 work as quickly as is possible. The project is scheduled for 180 working days at a cost of $1.8 million. The current six-year plan for the Bremerton Ferry Terminal includes improvements to the passenger-only facility in 1989-91 and planning for the permanent terminal facility in 1993-95. Robert Smitter, 1511 Park Avenue, questioned why the ridership had not been informed of the proposed construction by DOT and what will happen to the ferry riders during construction. He noted that the rebuild will mean severe delays for both passenger and vehicle traffic. Armin Tiberio, Director of Vessel Operations for the Washington State Ferry System, stated while it is correct to say that they have not unveiled a plan of operations during the closure - it does not mean that there has not been any serious consideration given to what can be done. As mentioned, the impact for the riders will be a negative impact for those driving vehicles. During the closure the Ferry System will not be able to load and unload vehicles. An optional route will have to be implemented for vehicles. Currently they are looking to the possibility of adding a third boat to the Winslow route which means those who normally ride the Bremerton boat could use the Winslow vessel. Another option would be the possibility of having a direct route linked from Southworth to downtown Seattle - again to take care of the impact and Kitsap County community use the Bremerton facilities to access downtown Seattle. For the passenger traffic they do not expect any major disruptions by providing a combination of passenger- only service and also using a car ferry for transporting passengers back and forth. He did not feel that there would be any negative impact for the passenger-only ridership, however, that does not mean there might not be some delays due to construction and changes in sailing times. Mr. Crutcher questioned "you were looking at options" does that mean you might not provide this as a viable option? Mr. Tiberio stated he was almost certain that a third vessel will be placed on a route to compensate for the traffic. He noted that Winslow ferry route is already impacted and with an additional boat could mean delays. Mr. Collins stated he felt that there is a conspiracy going on- that the City of Seattle doesn't want cars dumped in the downtown area. What is being proposed is to take 42 days without vehicle traffic - this is time for people to change their habits. He believed there has to be other ways to handle this whole situation than the one presented. Mr. Tiberio stated that from an operations standpoint the 42 day closure will disrupt lives, however, if the repair work is not undertaken there will not be a usable ferry service that can be used at all. There may be other engineering methods, however, the key element is to get this facility fixed. Mr. Collins stated that possibly the best thing that could have happened would have been to have a ferry run into the dock 10 years ago. Mr. Hornina stated if we don't do something soon Bremerton will never get back trucking services via the Ferry System. He encouraged Mr. Daniels to look at other possible ways to lower the number of closure days. He urged everyone to understand and work with the system to try and make it work. He did not feel that the City had a choice in this matter. Also, Mr. Horning suggested that possibly Kitsap Transit could help out in supplying buses to transport people to the Winslow Ferry. Mr. Johnson stated he did not trust the Ferry System, the TAPE #571 City Council Reg. Mtg. Minutes August 31, 1988 Page 15 of 20 construction period is at the worst time of the year and was concerned that the 42 day closure was shortsighted in that projects generally run over rather than are completed early. He suggested that the Ferry System come up with a plan and come back to the Council for consideration. Mr. Tiberio stated that total service is not being shut down...only vehicle use. Also, the construction will be during a time when there is the lowest ebb of usage, except for the commuter runs and commuters will be provided through optional mode. The only two options are to either do the construction of not do it. President Waibel questioned if the Ferry System had improved any trestles at any other port of the Ferry System? Mr. Tiberio stated for those that remember Slip #2 in downtown Seattle was shut down 4-5 months for the same work that Bremerton is looking at; Edmonds is due for a weeks closure this coming fall for similar type work; President Waibel stated this type of construction is done at other ports, none of the disruptions have been longer than one week, there are other options (in Seattle there was another slip to use and in Clinton another trestle was built). And, the Bremerton area cannot stand i and 1/2 month closure of vehicle taffic. Mr. Tiberio stated that the major commuter runs are averaging about 80 vehicles per boat. Mr. Overson questioned for clarification what was meant by "42 work days"...does this mean 42 consecutive days? Mr. Daniels stated that a working day is designated as a calendar day and that is part of getting ~he job done as rapidly as possible- working 7 days per week. As a point of clarification on using a car ferry for passenger service, the contractor will be working on the slip and it will be necessary to back out the contractor during time period during the day to allow the ferry to dock and off load passengers. What is being looked at right now is that overhead loading would be used for commuter traffic only 6-8:30 AM and 3:30 - 6:00 PM on week days. Mr. Johnson suggested that a smaller ferry be docked at the passenger-only space. Mr. Daniels explained that the Express passenger-only ferry will also be available for transporting riders during this time. President Waibel questioned if the trestle would be poured on-site? Mr. Daniels explained that it would be poured off-site in slabs and the only thing that will have to be poured on site will be the caps. There is a 30 day curing time for concrete and construction can be started on top but cannot be loaded until the curing time has lapsed. President Waibel expressed extreme concern over the 42 day closure and questioned if all ways to reduce that time frame have been explored. Mr. Daniels stated he has a group of structural engineers who work for him who have advised him the 42 day closure is required to perform this type of work. President Waibel questioned if the caps could be poured while construction is going on with the testle? Mr. Daniels explained that the caps go underneath the existing trestle. Also, he preferred a shut down during January/February rather than June/June due to increased tourist traffic in addition to the commuter traffic. President Waibel stated that two options have been given - (1) do nothing and let it fall down and (2) disrupt vehicle traffic for six weeks. Mr. Daniels explained the do nothing option amounts to attemping replacing with kind...spot repair. Phases 1,3,4 are away from the off loading area and will not distract vessel service. Doing phase 2 with timber repair had been looked at, however, one of the problems run into is the existing transfer span and the need to replace it so that it could meet current load standards. In order to put that in a new bearing structure has to be installed. President Waibel questioned if he had with him the instructions given to the engineers when they were requested to design this project - was direction given to minimize disruption or whether it was to try and design eliminating disruption. Mr. Daniels stated he gave the engineers direction to do the project in the TAPE #571 City Council Reg. Mtg. Minutes August 31, 1988 Page 16 of 20 most economical way and with the least amount of shut down and build something that will provide long- term benefit. President Waibel raised the issue if they were to look into a process requiring no shut down? Mr. Daniels explained. that it would be impossible to do the work needed without a shut down. Presiden~ Waibel stated that only providing a second temporary trestle would aid in providing no shut down for the project. Mr. Daniels stated it would be a way to do it, however, it would be more costly. The engineers were asked to come up with all alternatives and a second slip was looked at and it was not chosen because from their standpoint it was not economically feasible. President Waibel stated it may not be economically feasible for the City to grant a Shoreline Permit if it means shutting down vehicle service for two months. Mr. Colvin stated from a practical standpoint the City could accomplish what is proposed without some kind of shut down. President Waibel stated his concern that an area as small as Clinton can support two trestles when Bremerton won't. The City should use this opportunity to work toward a back up system with a second slip. Mr. Daniels stated that Clinton has a substantial number of vehicles using the terminal and at times there are three vessels assigned to it, as well as it being a 15 minute crossing vs 55 minute crossing for Bremerton. Mr. Collins supported building a second slip and questioned if the existing area could support one? Mr. Daniels stated the overhead loading ramp would have to be removed and anything is possible given the money is provided. From his standpoint he can build anything he is directed to do. Mr. Collins questioned if everything that is there presently will be removed? Mr. Daniels stated the overhead loading trestle will remain - with it scheduled for replacement of older portion in the next biennium. Mr. Dawkins suggested that this additional week for an opportunity to Parker. issue be continued for an discuss it with Admiral Mr. Colvin acknowled~3d Mr. Sturdivant to speak before the Council. E. L. Sturdivant, 3231 Halverson, stated that the State has adopted the ferries as part of the highway system and he feels it has been long over due having the best ferry system the state can have with no excuses. He noted that there have not been any loss of lives due to ferry accidents but there have been thousand of lives lost on the highways. Me supported the idea of building a second slip and then renovating the other. President Waibel stated that the Ferry System has not been adopted by the Highway System - the ferry system by constitution is part of the highway system. Mr. Colvin questioned what would be the impact if the Council did not grant approval of the Shoreline Permit at this time? Mr. Daniels stated there are two options - do nothing and go back to the drawing boards and come up with something that is acceptable to the City and the Ferry System, the other is do nothing and let it fall down and then close it for as long as it takes to fix it. If it become in serious condition where it presents a endangerment to the people who use it can be declared as an emergency and proceed without a Shoreline Permit or the expansion could be eliminated from the project and proceed with the project as a maintenance project which they can do legally without a Shoreline Permit. Mr. Overson stated from his understanding as an engineer it is more cost effective to build a new facility than tear down the old and rebuild - he supported building a new slip and leave the older slip and do maintenance work as needed. Mr. Daniels stated he believed they did look at this but could TAPE #571 City Council Reg. Mtg. Minutes August 31, 1988 Page 17 of 20 ' not give an answer at this time on that point. Mr. Tiberio stated from an operations standpoint it is advisable to have two slips at each terminal, however, from a budget standpoint that is something else. Mr. Dawkins questioned if there were critical time elements that had to be met and what would be affected if Council delayed a decision for a week or two? Don Pratt, Director Community Development Department, stated it just adds two weeks to the permit process - after Council action there is a 30 day review period in Olympia and work can be started immediately after Council action but they would be at risk if DOE overturns the action to tear it all out. Mr. Johnson questioned if the Ferry System officials be willing to sit down Council members and City staff to try and mitigate some of the objectional things that have been presented? He also expressed concern that there had not been discussion with people on the peninsula on the proposed project. President Waibel questioned why the West Side Corridor Steering Committee had not been informed of this proposal - he as a member of that Committee was hearing the information for the first time. Mr. Pratt stated there had not been a lot of discussion on the proposed closure and at some point in time there will be a critical point as far as funding being available. Money allocated for this project is available through June 1989. At this time there is not a critical point...do it now or loose it...however, at some point that phase will be reached if stalled too long. .149 M/S/C/U(Waibel/Horning) that this item be continued for not more than one month and request the Ferry System to make a presentation to the West Corridor Steering Committee and the City Council prior to the one month period. 8B - PUBLIC HEARING - TO ACCEPT PUBLIC COMMENTS PERTAINING TO THE PROPOSED NEW ZONING ORDINANCE AND ZONING MAP FOR THE CITY OF BREMERTON, #AB88-191 By Resolution #87-1, the Bremerton Planning Commission recommended the City Council's adoption of a new Zoning Ordinance and map. During the past four months, that document and map have been the subjects of nine City Council Study Sessions and two public hearings. A number of amendments to both the text and map have been considered and given tentative approval in this process of fine-tuning the ordinance and map for adoption. This public hearing provides another opportunity for public comment and Council discussion prior to final approval. Ron Houah, Planning Department, noted that at the last Study Session one zoning map issue was resolved at the north end of Snyder..."changed property from SF-3 to SF-2 and eliminated a small duplex residential district that included three or four lots". Also there were five minor text amendments to the text of the Zoning Ordinance and four issues were discussed but postponed. Discussion of hazardous waste treatment and storage and time limitations on process of applications and responding to citizen complaints were postponed and staff was directed to bring back during the Corrections Of Errors within six months after adoption of the Zoning Ordinance. Staff expects to bring those two issues within two months of the affective date of the ordinance. Zoning at the north end of Highland Avenue and zoning around Smith Cove are areas being addressed at this time. Mr. Houah provided a view graph showing the areas - noting that the Smith Cove property area had been an oil storage facility for a number of years, which is currently being removed. Recent discussions with the owner disclosed that they had been approached by someone wishing to purchase the property for a TAPE #571 City Council Reg. Mtg. Minutes August 31, 1988 Page 18 of ~8 purpose that was not industrial. The adjoining property is utilized for an office complex. Staff's recommendation to maximize the potential of both lots was to include them in the Highland District, which extends to the south. At that point the discussion continued around Smith Cove to include other industrial uses, such as Brem-Air Inc., several smaller uses south side of Sheldon Blvd. - currently being proposed for CBR which is primarily a residential zone but does allow small scale commercial and office uses. Some of the property owners were not satisfied with the CBR zone and would like something more considerable - such as heavier commercial or small/light weight manufacturing. At the Council Study Session it was decided to direct staff to bring back a proposal to include that area in the new Business Park Zone (BP). A map, showing the staff's recommendation for applying the BP zone was included in the Council packet, including the oil facility (owned by Chevron USA), Sexton Office Building, Brem-Air Disposal, Inc., All In One Boating and along the south side almost entirely commercial uses at this time, etc. Mr. Houah noted that one piece of property was shown as a split zone...included in the BP zone is an automobile business and the part on the from of the property is a Martial Arts Studio to be a CBR zone. This would keep the BP zone from coming on to Park Avenue. A six months correction of errors process will follow the adoption of the Zoning Ordinance, which will allow property to request review their zoning for possible error; and if an error is found there will be no charge to the property owner. During this time staff will be bringing some changes and improvements'to the ordinance that Council has recommended for future review. Mr. Hough pointed out that staff is requesting that the City Council make a motion to approve the Zone Ordinance, which will allow them to bring back necessary paperwork for first reading and also to put into effect the "correction of errors" process. C.E. McConne11, 3245 Almira Drive, President of the View Ridge Neighborhood Association, expressed concern over the strip of property belonging to the Kitsap Regional Library on the south side of E. 33rd Street. He noted the proposed Zoning Map shows the property at SF-3 (which is 4800 sq. ft. lots). He noted, if the LibrarV desired, could convert that property to residences. He requested that the Library and Post Office property be changed to something other than single family residents. He suggested that both could be included in the P&S, which is across the street from E. 33rd extending along Sheridan Road and it would prevent the Library from selling off the property zoned SF-3. Also, he expressed concern that day care facilities had been eliminated from SF-1 zones - he felt it would be the most appropriate place to have them considering the 15,000 sq. ft. lot designation. He also questioned why family day cares are not being allowed in all but SF-1 and SF-2 zones. Mr. McConnell stated he would like to see the family day care treated similar to the Home Occupation designation. He suggested that under the Home Occupation use the requirement for appointment and single person at a time restrictions should be deleted. E. L. Sturdivant, 3231 Halverson, expressed concern why the area south of the Post Office on 33rd Street and east along the alley are designated SF-3 - he requested an explanation addressing that designation. Also, he questioned the zoning for day care facilities considering the areas with larger lot size should be more desirable and park like setting. He felt that SF-2 should be more in line with 7500 sq. ft., rather than 7200 sq. ft. Another area of concern was the greenbelt directly behind Value Giant/K-Marry Shopping Center, which acts as a buffer between the residents on Almira and the shopping center, being designated as SF-3. He did not believe this would be following through with the agreement made with those residences previously. TAPE #571 City Council Reg. Mtg. Minutes August 31, 1988 \ Page 19 of J9 PE #572 Eric Bosley, Attorney 600 Kitsap Street, representing Don Lindgren and Brem-Air Disposal, Inc., stated his client would prefer the area along Smith Cove designated as Industrial General with the modifications being proposed under the BP designation as proposed by the Planning Staff; and that the BP designation with modifications was far better than the CBR designation previously recommended by the Planning staff. He stated the need for some type of commercial use for the property because failing that you loose both the historical property uses over the past 40 years or it has been zoned a combination either commercial or industrial and because of the conditions of the property, cannot be used for residential purposes. Mr. Bosley requested set it to Industrial General and change the Industrial General to include designation to include marine uses proposed for the Business Park. Kathleen McCluskev, City Clerk, read into the record a letter signed by 18 individuals who live in Pinewood and members of the Sheridan Park Community, in which they voiced their objection to having the zone changed in the area of Pine Road/Sylvan Way. They wished to have the zone remain the same as it is citing that they already have adequate shops/markets in their area and do not feel it would add to the safety and welfare of the neighborhood to bring in additional business traffic. Mr. Hornina stated he would like to stand by the BP zone including marine uses on the Smith Cove area and questioned why the Library property was designated SF-3? Mr. Houah stated currently it is zoned R-1 and Libraries fit into the R-1 zone as it presently is. In making the transition from the old zoning map to the new the intent was to not take away zoning from people but to make a gradual transition over to new zoning - R-1 zoning is similar to Single Family zoning being applied. Libraries are still permitted with Special Use Permit in the Single Family -3 Zone. Mr. Hornin~ asked if the Libraries were moved into the Parks and Schools designation? Mr. Houuh stated no, that PS is only for public parks and schools. Mr. Hornin~ asked for a reason why there shouldn't be a "Library Zone". Mr. Hough stated there is a whole range of uses in the quasi-public sector that might include libraries, post offices, Puget Power, utilities, churches, fraternal lodges/halls - there is not a special zone for these uses and they do require Special Use Permits. Mr. Hornina requested that this item be brought back for discussion at a later date. Mr. Overson questioned why new pages 10-21 did not reflect a PS and why public schools are still allowed in SF-1, SF-2 and CBR through Special Use Permit considering previous Council consideration to make a PS designation for such uses thereby eliminating the need for a Special Use Permit? Mr. Hough stated he did not recollect discussion removing those from those districts. And, there is not a column for Public School on the chart because the list of uses is so restrictive. Mr. Johnson stated the public school issues needs to be looked into and reviewed and can be addressed during the first reading process. Mr. Colvin questioned is a convenience type store permissible on the Corner of Sylvan and Pine under the current or proposed zoning ordinance? Mr. Hough stated the proposed zoning is multiple family with medium density. He noted that he artended the Sheridan Park Neighborhood meeting where a Silverdale realtor addressed the group on the idea of having a convenience store at that location. The response from the group at that time was loud and clear that they did not desire a convenience store at that location and the map reflects that choice. TAPE #572 City Council Reg. Mtg. Minutes August 31, 1988 Page 20 of 20 Mr. Overson questioned if a procedure is in place which requires the City to respond in writing to a request made by a citizen? Mr. Houuh stated by policy it is being done. Mr. Overson requested that this issue be addressed in the ordinance. .919 M/S/C/U(Collins/Horning) to approve the proposed new Zoning Ordinance and Zoning Map which was recommended by the Planning Commission as Draft #5, and as tentatively amended by the City Council during recent study sessions and public hearings. It is further moved that staff be directed to prepare the necessary adoption documents, including an ordinance to implement the Correction Of Errors Process, and schedule same for First Reading. With no further business meeting adjourned at 10.25 p.m. LEEN L. MCCLUSKEY,kCITTCLERK APPROVED HANK WAIBEL, Council President City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault