HomeMy WebLinkAbout09/28/88TAPE #577
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
SEPTEMBER 28, 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, September 28, 1988 at 5:30
p.m., with Council President Hank Waibel presiding. Council
members present were Lon Overson, Lynn Horton, C. R. "Tiny"
Collins, Shirley Marty Crutcher and Russ Johnson, Spencer
Horning and A1 Colvin. Councilman Morrie Dawkins 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 Dale
Johnson of the Christian Servicemen's Center.
President Waibel announced that Item 8A - Public Hearing on
Shoreline Management Substantial Development Permit Request by
the Washington State Department Of Transportation - had been
withdrawn by DOE per letter received by Don Pratt, Director Of
Community Development, dated September 28, 1988. (Letter from
DOT was read into the record by President Waibel.)
CONSENT AGENDA
A. Minutes of Meeting held - September 14, 1988, #AB88-226
080
M/S/C/U(Crutcher/Horning) 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
096
M/S/C/U(Colvin/Crutcher) on September 28, 1988, the Council does
approve for payment those vouchers included and further described
as follows: 38813, 38814, 38815, 38822 through 38928 in the
total amount of $245,411.76.
COUNCIL MEMBER REPORTS
Mr. Johnson commended Ron Hough for his patience throughout the
development of the new Zoning Ordinance. Mr. Johnson noted that
selection of a new Police Chief is very critical and should be
carried out in a very business like process and the Mayor should
make the decision without political pressure. He also noted that
the Council's role is only in the process of confirming the
individual selected by the Mayor.
Mr. Colvin reported he had received a call from a citizens who
resides in District 5 who complimented the City for the fine way
Evergreen Park had been cleaned and complimented the Police
Department for the frequent drive-throughs in the park, helping
to change the character of the park area.
Mrs. Horton reported she attended both cornerstone laying events
for West Hills Elementary School and the new Bremerton High
School. She noted that both are beautiful facilities and both
events were well artended. Mrs. Horton announced that the
Brothers Four will be performing as the inaugural event in the
High School Performing Arts Center on October 1, beginning at
7:30 p.m.
Mr. Hornina congratulated the City Council and citizens for
their support and our legislators for their direction action on
the Ferry Terminal issue. He especially commended Councilmen
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Hank Waibel and Russ Johnson for their strong stand and
leadership on this issue and pointed out that cooperative e~fort
can bring about change for the better for our community. He
stated he was very proud to be part of the City Council and their
courage to make it happen. As a member of the YMCA Board of
Directors, Mr. Horning announced that the YMCA will be
celebration their first annual anniversary with an open house and
Health Fair on Saturday, October 1, at the YMCA from 10:00 AM to
2:00 PM - YMCA Health Fair and handed out buttons commemorating
this event to each of the Council members.
Mr. Waibel reported he artended a meeting of the Bremerton
Gardens Association, held at the Sheridan Center, where they
discussed their difficulties with the new owners of Bremerton
Gardens and joined together to address the problems. Mr. Waibel
noted that Councilman Morrie Dawkins was also present at that
meeting.
PROCLAMATION
Kathleen McCluskey, City Clerk, read a Proclamation recognizing
that the National Coalition Against Domestic Violence has
declared October 3, 1988 as the Eight National Day Of Unity For
Battered Women, and in the City of Bremerton the Y.W.C.A.'s ALIVE
Shelter is available for victims of domestic violence and to
increase the community awareness of this problem. Mayor Gene
Lobe declared the day of October 3, 1988 as "THE DAY OF UNITY
FOR BATTERED WOMEN" in the City of Bremerton. Mayor Pro Tem
Spencer Hornina presented the Proclamation to Ms. McCluskey who
has worked with the YWCA in a number of ways. And, he thanked
everyone who had participated in the program, helping to make the
City just that much better.
PUBLIC RECOGNITION
Wayne Estes, 1604 Gregory Way, questioned why the City did not
have an ordinance to eliminate political signs from public right-
of-ways and public lands. And, he stated the garbage problem is
not as complex as everyone seems to think and offered his
services to assist with a long range plan to deal with this
issue. He also suggested that the City push the County
Government to get the water program solved. President Waibel
noted that the City does not have water rights and suggested that
he talk with Mr. Duffy on water concerns and to Councilman
Johnson for the garbage concerns.
Art Anderson, 1721 Ohio, spoke on recent action by the new
owners of Bremerton Gardens to evict long term tenants in order
to provide additional housing for low income tenants. He
believed the current tenants were getting "shafted", that the
Bremerton Housing Authority Section 8 Certificates are filled
and the new owners must be working through another program. He
believed that the new owners were aware of a change in zoning
under the new proposed Zoning Ordinance which would allow for
them to under take a new program. Mr. Anderson suggested that
people contact their Congressmen and the Federal Housing
Administration.
Helen Hendricks, 3007 Mt. View Drive, stated the residents at
Bremerton Gardens were assured, at a June meeting, that there
would be no change in rental agreements but there might De
moderate rent increases and that no one would be evicted.
However, recently they were asked to provide a financial
statement and then they were notified that anyone receiving over
$13,700 per year would have to move before November I. She noted
that 135 apartments of 191 are directly affected. She
questioned where would the 135 new tenants come from within the
community? If additional apartments are built, she questioned
where adequate parking wlli be provided?
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President Waibel requested all those who wish to speak regarding
Bremerton Gardens to let the City Council know what they can do
to help the tenants.
Anne Perry, 1006 Parkside Drive #212, spoke to the issue of
parking in Bremerton Gardens. She stated parking is a number one
problem and questioned the practice of the City ticketing
vehicles in the Bremerton Gardens area. President Waibel
requested Ms. McCluskey, City Clerk, to look into ownership of
the streets within the Bremerton Gardens Complex and find out
what the requirements are for parking in that particular area and
if modifications to the buildings will require additional
parking.
Cecil McConnell, 3245 Almira Drive, stated he always looked to
the elected officials to help with the solutions to problems-
the people don't always have solutions. President Waibel
explained that from the meeting he attended some people said they
were moving where others stated they were staying...so the City
Council needs to know the direction the tenants want to take and
assist with support for that direction. Mr. Overson stated it
appears to be a legal question - if the owner has the legal right
to do what they are doing it appears the City Council is not in a
position to do much nor do we have enough data to take any
action. President Waibel explained that the City does have
ordinances as to parking requirements and this can be looked
into.
Mr. Colvin stated that even though we may not have much influence
over the owners actions, however, we do have the right to be
concerned for the citizens and we do have the right to write our
Congressmen expressing our concern and seeking their input.
Glenn Vockrodt, 1409 Marlow Drive, President of the Manette
Neighborhood Association, briefly explained that the government
built the buildings and after the war turned the streets over to
the City. Somehow several of the parking areas were allowed to
be used for building of new duplexes which reduced about 10
parking spaces. Then, several cutouts across the sidewalk into
the lawn were made, not being 20 feet from the street line and
are in the front yard setback. He questioned their authority to
do such construction.
Roy McInnis, 2711 Maple Street, expressed concern that the
Bremerton Gardens area, which is a park like setting, if turned
into low income housing would turn into a slum like setting. He
referenced other areas which were built specifically for low
income housing less than 10 years ago that have become slums. He
stated that the people within this community should write or do
whatever is necessary to stop this type of development of
Bremerton Gardens.
Janet Walker, 1007 Parkside Drive, stated she felt that the
owners of Bremerton Gardens had not given the tenants the whole
story on what is planned for the complex. The tenants are trying
to be honest and she felt violated due to the treatment they are
receiving from the owners.
GeorGe Allan, 1300 NE Dawn Rd., stated he felt that there was
more to this issue and it should be further investigated.
Blake Harrison, 4041 Mountain View Drive, stated he had bargained
in good faith when he signed a rental agreement. As a University
student he and his wife have limited funds and their having to
move again in such a short time makes them feel they have been
betrayed by the owners of Bremerton Gardens as well as placing
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them in financial constraints which they had no opportunity to
plan for. He stated he did not want to see the Manette
neighborhood go to anything more than R-1 because it is a nice
community.
6A - SURPLUS OF CITY VEHICLES, #AB88-227
The City has several vehicles which are surplus to present needs
(a listing was provided in Council Agenda Packet} and a
declaration of surplus is necessary to allow disposal.
Mr. Overson requested validation to certify these vehicles are
beyond economic control. Rich Hanna, City Treasurer, stated the
statement in the Agenda Bill was based on a verbal description of
the condition of the vehicles from the City's garage maintenance
supervisor as well as the various department heads. Mr. Overson
questioned if Mr. Hanna had reviewed the validation personally?
Mr. Hanna stated he had not personally inspected the vehicles.
Mr. Overson questioned for clarification if the City had a policy
that a written evaluation be provided in justifying surplus of
vehicles. President Waibel stated that on an individual basis
each item had been presented to Council as an non-economical
repair item and had taken action to replace the subject
vehicles. Mr. Hanna stated that the only exception to President
Waibel's comment was the 1969 Chevrolet Pickup from the Parks
Department. he stated he had discussed directly with Arvilla
Ohlde, Parks Superintendent, that it was very much a the end of
its usefulness and that there were significant concerns about its
operation safety beyond its being economical.
M/S/C/(Collins/Horning) to declare vehicles No. 1412, 1441, 0432,
1843,. 1842 and 1551 surplus.
Vote:
In Favor:
Oppose:
Abstain:
Crutcher, Horton,
Collins
Overson
Colvin
Horning, Waibel, Johnson,
6B - BUDGET ADJUSTMENT REOUEST FOR PURCHASE AND FINANCING OF
RESCUE VEHICLES, #AB88-228
The budget adjustment request provides budgetary capacity for the
purchase, financing and debt service for the City's new rescue
vehicles. The current budget contains only $25,000 down payment
portion of the transaction.
Glenn Vockrodt, 1409 Marlow Drive, questioned if it wouldn't be
better to purchase one vehicle now and one at a later date so as
to not have such a big impact on the budget?
Rich Hanna, City Treasurer, stated what was being requested was
to approve an adjustment to the operating budget which would
create the necessary budgetary capacity by which financing can be
obtained in order to purchase the vehicles. As noted previously,
only the cash portion had been included in the 1988 budget
($25,000). On the revenue side of the budget... proceeds from
the bank financing are shown through a Conditional Sales
Agreement ($175,000), and, in addition reduce the budgeted ending
cash balance by $9,500. These last two transactions will balance
out the funding needed. President Waibel requested Mr. Hanna
outline the steps needed to make a purchase such as this. Mr.
Hanna briefly outlined the process: original decision on two new
rescue vehicles by Council was made in May 1988. At that time
Council directed staff to move forward with the acquisition of
the vehicles as well as financing and both of those steps have
been taken. The vehicles are presently in the City's possession
and being equipped with electronic equipment and should be in
service soon. in conjunction with the acquisition, financing had
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been arranged with SeaFirst Bank.
Mrs. Horton questioned the origin of the ending cash balance?
Mr. Hanna explained at the time of the adoption of the 1988
operating budget an ending cash balance was b'udgeted
(approximately $90,000/unallocated) and are at this time
allocating a portion of those funds to the purchase of the rescue
vehicles.
Mr. Overson pointed out that careful consideration had been given
by the Council to the acquisition of two vehicles verses one.
Because the existing two vehicles came to the City by creation of
the medical support function and have served ok carrying out that
function. However, with increased medical support needs they
were not providing dependable back up necessitating the purchase
of new vehicles.
M/S/C(Horning/Collins) to approve
as presented.
the budget adjustment request
Vote:
In Favor:
Oppose:
Abstain:
Overson, Crutcher, Horning, Collins,
Colvin
Waibel
Horton, Johnson
6C - PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON
AND FAIRINALL KENNELS (ANIMAL CONTROL) #AB88-229
Currently the City is engaged in a contract for services with
Fairinall Kennels without a signed and agreed upon document.
Kathleen McCluskey, City
Council packet is for a two
the end of 1989.
Clerk, stated the document in the
year period - remainder of 1988 to
Lt. Dennis Plumb, Police Department, stated that the City has had
a contract in the past and had been very satisfied with their
services. The only difficulty was in years past there had not
been any ceiling on the annual cost to the City - rather paying
per animal that went into the kennel. Lt. Plumb approached the
kennel operators with the idea of having a two year contract
with a cap on the cost per year. In 1987 the City paid almost
$28,000 and he offered them a two year contract with $21,000 for
1988 and raised to $24,000 for 1989, regardless of the number of
animals taken to the kennel.
Roy Mclnnis, 2711 Maple Street, questioned if the City had less
animals going into the kennel would they still have to pay the
$21,0007 Lt. Plumb stated there is no guarantee the amount of
animals won't go down, however, ever since Animal Control has
been established no matter how staffed there has been an increase
in animals picked up.
Mr. Overson questioned does the cap bring forth how much was the
daily amount and should it be kept in the contract; and if there
were any other bidders available in this area? Lt. Plumb stated
this is a Professional Services Contract and normally do not go
out for bid on professional services. During the early years the
City went out for bid but did not receive any due to lack of
kennels in the area. Mr. Overson questioned if the Humane
Society could handle the animals? Lt. Plumb stated conceivably
they could, however, he was not sure.
Mr. Hornina questioned under the termination clause a notice of
30 days can be given without fault? Lt. Plumb stated yes. Mr.
Hornin~ noted that historically there were not a lot of options
for kennel services in this area and the animal control program
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has been somewhat tailored for use of Fairinall Kennel
facilities.
Mr. Johnson questioned if animals were held beyond the seven day
designation? Lt. Plumb stated conceivably it could, however, if
an animal is reasonably good the kennel will remove it from
Animal Control and take it. under their control for adoption
purposes.
Mr. Hornin~ stated the Humane Society is moving to Silverdale and
with the intersection changing there have been discussions as to
the possibility of the City taking over the old facilities and he
would be supportive if something of this direction came about.
Mr. Collins questioned wording or lack of wording in the contract
which indicates that the Kennel personnel will act upon special
instructions given by Animal Control. Lt. Plumb stated there is
a good working relationship between Animal Control and the kennel
...when the information is posted it is carried out. Mr. Collins
questioned the section which relates to disposal of the animals
and the notation that the City will dispose of said animals only
during working hours. Lt. Plumb stated Animal Control does the
euthanasia for the kennel animals and if they become sick
during the night - euthanasia will be done during regular working
hours.
Mr. Collins noted that there was nothing in the contract relating
to disposal of animal remains. Lt. Plumb explained the kennel
does not having anything to do with disposal of the animals. The
City has a contract with Seattle Rendering for picking up and
disposing of animal remains. President Waibel questioned for
clarification that the City would not perform euthanasia on
County animals. Lt. Plumb clarified that they would be
performing euthanasia only on animals that had been picked up in
the City. If a county animal became ill, the Kennel would call
the Humane Society.
Mr. Overson questioned the process for collection of fees by the
kennel. Lt. Plum explained that records are kept on each animal
picked up, if it is adopted or put down. If they have collected
fees there are numbered receipt books which are kept in a locked
bag along with the money collected. The money bag is then
brought into the Treasurer's department.
President Waibel questioned the term of the agreement which
starts 10 months ago and what has the City been doing to house
animals. Lt. Plumb explained that they have been using
Fairinall Kennels under the terms of this agreement with
their understanding that if not approved then the City would
revert back to the old contract terms. There had been some
difficulties in getting the negotiations underway to come to this
final agreement.
President Waibel questioned if the City had made 8 or 9 equal
payment of $1,750 so far this year and if so, who authorized the
expenditure? Lt. Plumb stated yes to the amount of payment but
was not sure where the authorization came from. President Waibel
questioned if this was over the $5,000 for unauthorized
expenditure? Kathleen McCluskey, City Clerk, was not sure what
President Waibel meant by $5,000 spending limit. Ian Sievers,
City Attorney, stated the B.M.C. under Professional Services
expenditures over $5,000 for anyone year must be approved. Ms.
McCluskey stated that the payments were included in the Warrants
Register which Council approved. President Waibel questioned if
there was a system to catch something like this? Ms. McCluskey
stated there is a tickler system for expiration of contracts, the
Police Department was aware of it and in some instances
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negotiations can take a more time and generally when that happens
the old contract is keep open until the new contract is approved.
Mr. Colvin questioned if there was a provision in the contract
for continuation of the contract until a new contract can be
issued? Mr. Sievers stated there was really no need with the two
year contract as they will have plenty of time to renegotiate the
contract. President Waibel noted the 1987 year was extension of
the 1986 year, with no extension in to 1988. Mr. Johnson noted
it appeared an error had been made and he did not support
accepting a tacit approval just because something appears on the
Warrant Register that Council approves it. He pointed out
Council does approve the payment, however, that is not the way
to advise the City Council that there is a brand new Professional
Services Contract.
Joe Hatfield, Actin~ Chief Of Police, stated as head of the
Police Department, that the contract had expired, they had in
good faith worked to bring the negotiated contract before Council
for a successful conclusion. He accepted all responsibility for
not advising the Council of the delay in the process.
M/S/C(Horning/Colvin) to approve the Professional Services
Contract between the City of Bremerton and Fairinall Kennels.
Vote:
In Favor:
Oppose:
Abstain:
Crutcher, Horton, Horning, Collins, Colvin,
Johnson
Overson
Waibel
7A - ORDINANCE (FIRST READING) WASTEWATER UTILITY RATE INCREASE,
#AB88-230
The Wastewater Utility, in response to its debt service
requirements and increased operation and maintenance expenses, is
requesting an increase in Wastewater Utility rates.
Debt service payments have increased approximately 8 1/4~ over
the past two years. Additionally, the cost of maintenance and
operations has increased approximately 7 1/2~ based on the
Seattle C.P.I Index.
The utility therefore is recommending an increase of 8.25~ in the
capital portion of the rate structure per customer class and an
increase of 7.42~ in the operation and maintenance portion of the
rate structure per customer class.
The rate adjustment will increase the bi-monthly residential
billing by approximately $3.27 based on 1500 cu. ft. consumption.
Bill Duffy, Utilities Director, handed out additional
information titled "Utility Rate Survey 1988" to Council members
listing rate structures throughout the State of Washington. He
noted the rate increase was necessary to maintain the current
state of the plant and insure its continued operation.
Additionally, there is an obligation to the Bond holders that
originally funded the project. The next payment on the Bond is
due in November which we have adequate monies to do. The Bond
payment for 1990 does go up and we need to insure we adjust the
rates now accordingly so the monies can be set aside to meet that
obligation. He pointed out that of the cities in Washington,
Bremerton is third from the top with a cost of services used on
1,000 cu. ft./per month, the average bill runs around $34.74 per
month, with the highest in the state being Gig Harbor ($39.35).
From the information provided, he pointed out that many of the
cities with lower rates have not completed their secondary
treatment obligations, whereas the City of Bremerton has
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completed secondary treatment requirements.
Frank E~an, 2602 E. 23rd Street, spoke in opposition to the
proposed rate increase and noted that the sewer/water rates were
very prejudice - the citizens most hurt are the ones who can
least afford it. He questioned if the users would gain any
benefit from the increase?
Roy McInnis, 2711 Maple Street, spoke in opposition to the
proposed rate increase, citing the fact that during the many
meetings during construction of the treatment plant future rates
were discussed and predictions made that it would be 4-6 years
down the road before a rate increase would be needed. He felt
that the citizens of Bremerton cannot afford this proposed rate
increase.
Mr. Crutcher expressed concern that department heads should come
to the Council to discuss financial needs and then work together
to resolve the problems. He stated he did not know how the
people of Bremerton can meet the proposed increased rate
President Waibel questioned why Bremerton rates were the most
expensive in the State? Mr. Duffy stated it was due to the debt
obligation and the fact that money was not set aside in years
past to maintain needed facilities.
Mrs. Horton questioned if Council did not approve the rate
increase at this time where would he obtain the needed funds?
Mr. Duffy stated he was coming to Council early - next debt
service interest payment is next April and principle payment is
next November. If Council does not approve the increase he would
utilize monies that have been set aside for maintenance and defer
maintenance on the plant. He noted that Council's direction
during construction of the plant was to establish maintenance
and contingency funds to insure that the City did not allow the
sewer plant to deteriorate as had happened previously.
Mr. Hornin~ questioned why Kitsap County and Brownsville were not
included on the rate survey? Mr. Duffy explained that their
rates are somewhat lower than Bremerton due to the fact that they
received sufficiently more grant money for construction than
Bremerton received. The survey does not also include some of the
Water/Sewer Districts that stand alone. The survey for the most
part was made up of municipalities. Mr. Hornin~ pointed out for
clarification that the needed funding is to come from the
proposed user free, if less water is used then rates would be
lower. The City could have previously developed a financial
scheme whereby every household would be charged a fee up front as
well as a user fee and it would have appeared that the rates
would be lower but not all actual costs would have been visible.
Mr. Hornin~ stated he was not in favor of raising rates to win
awards or whatever, but when the first City council came into
office the first crisis they faced was the sewer plant and they
had to do something to open up opportunities for development
within the City, which had been totally shut down, as well as
stop polluting the bays. A pledge was made at that time to not
allow the City to ever get itself in the position Eo just keep
the rates low and ignore needed maintenance. Mr. Hornin~ stated
if any community from the date of the building of the City's
sewer treatment plant receives a greater percentage of funding
than the City did then the City would look to legal action to
get their fair share of the funding.
Mr. Johnson stated his full support of doing what is necessary to
maintain the treatment plant and questioned how other communities
can charge surcharges when the Council was told that it was
illegal to do so? Mr. Duffy explained that Council authorized
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funding for an engineering study of rates approximately five
months ago and they are currently working through the ordinances
and that is one of the questions being addressed by the City
Attorney. Mr. Johnson stated he would support applying a
surcharge and he hoped residents who would be affected by the
surcharge would consider annexing into the City, if not, they
would have to pay the surcharge for City services. He felt it
was unfair for the citizens of Bremerton to have to carry the
financial burden for many City services, such as Fire, Police,
streets and sewer/water. Mr. DuffV stated there are
approximately 700 customers that could be affected with a
surcharge, the majority of them residing in Navy Yard City. He
noted that he was in the process of negotiating with the Navy
yard Sewer District. Mr. Colvin questioned if it was legal to
assess a surcharge? Mr. Sievers stated it was not flat illegal
but the City has a history where it is not absolutely clear. An
absolute " we can" charge a surcharge won't be decided until
conclusion of a court action or a settlement is reached the City
will take the position the City can't charge a surcharge.
Mr. Overson pointed out that from the data provided the interest
to the Bond holders is approximately $50,000, where as the
proposed rate increase would generate in excess of $200,000 per
year. Mr. Duffy explained that there has not been an increase
for two years and the 1987 rate needs to be compared against the
1989 rate. He noted that the 1987 rate is 1.88 million, the 1989
rate is 2.05. Mr. Overson stated he assumed the City had not
made any payments. Mr. Duffy explained that payments had been
made but were decreasing the reserves. Mr. Overson stated he
recognized the state of emergency, however, there are a lot of
questions on the rates themselves and had not seen any
presentation for way rates might be distributed if the City
started charging for collection of rain water, etc.
Mr. Colvin questioned what would the rate increase per household
come to? Mr. Duffy stated about $1.60 to $1.70 per month.
M/S/C/U(Collins/Colvin) moved to continue this item for three
weeks at which time the City Attorney and Bill Duffy, Utilities
Director, will bring fourth a schedule of the rates.
b - ORDINANCE (FIRST READING) ADOPTING THE NEW ZONING ORDINANCE
TEXT AND MAP AND REPEALING THE PRESENT ZONING ORDINANCE #1792 AND
ALL AMENDMENTS THERETO, #AB88-231
On August 31, 1988, the City Council approved a motion to adopt
the new Zoning Ordinance and directed staff to prepare the
necessary paperwork to complete that adoption process. Staff has
since reviewed past rezone ordinances, completed an analysis of
specific conditions, and revised the list of rezone ordinances
that should NOT be repealed. Those ten ordinances are exempted
from repeal by this Ordinance. The new proposed ordinance will
adopt the new zoning text and map and will also repeal the old
Zoning Ordinance and all amendments thereto, except as noted.
Ron Hough', Planning Department, briefly outlined past actions
bringing the adoption of the new Zoning Ordinance to this point.
And, explained that the optional ordinance, which was handed out
prior to the Council meeting, includes a Section 4: "establishing
a six month correction of errors review period", also providing
for a period of time for unresolved zoning issues, one being
hazardous waste; also setting time limits for staff response to
citizen complaints. He addressed the Bremerton Gardens issue
noting that at present the zoning is R-1 which is a low density
residential zone allowing single family homes and duplexes only.
Anything larger than a single home or duplex is considered a non-
conforming use and does not belong in the zone. One of the
objectives in the new Zoning Ordinance is to eliminate a lot of
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the non-conforming situations and put them in conforming zones.
The multiple family zone is being proposed for Bremerton Gardens,
is more consistent with the development that is already there,
and may allow for additional development depending upon the
density.
If a new development proposal is submitted there is a requirement
that it go through the PUD process and it may require having a
meeting of the neighborhood if there is an issue the neighborhood
is concerned about. Then, if an application is filed, it would
go to the Planning Commission, a public hearing would be held by
the Planning Commission where additional public testimony would
be taken and then would come before the City Council for
approval. President Waibel questioned if there were any parking
restrictions on multiple family designation? Mr. HouGh stated
yes, parking requirements require anywhere from 1 1/2 parking
spaces per unit to 2 spaces per unit depending on the size which
would be considered along with landscaping and other conditions
in the PUD development code.
Glenn Vockrodt, 1409 Marlow, requested the City Council to exempt
the Manette Neighborhood from the new Zoning Ordinance, leaving
them on the old one.
Cecil McConnell, 3245 Almira Drive, President of View Ridge
Neighborhood Association, questioned the proposed zoning of the
Library property as SF-3 and supported keeping it designated as
something that would better fit a library, post office, parks, or
schools. And, he expressed concern over some protection of
buffer areas that currently exist, for example, the area behind
Value Giant off Wheaton Way and Riddell. He noted-that area has
been proposed as SF-3 which would open it up for tearing down
the buffer and build. He stated if the current Zoning Map is
adopted the way it is proposed, he felt it would be better to
keep what the City currently has.
Ron Ross, 905 Paulson Rd. NE., Poulsbo, stated he owned property
in East Bremerton (20 acres east of Value Giant) and to clarify
the issue of it being considered a buffer zone, there has never
been an agreement or requirement that it be a buffer zone. It
was his choice to wait on development and did plan to do so at
some future date. He also did not wish to have his property
located at the extreme northwest corner of the City which is
proposed to be PO which is for office use. He stated he had
spent considerable time and effort in getting that piece zoned
commercial rather than office. He believes he has an agreement
with the City, at the time it was annexed along with his 4th case
taken to the Supreme Court upholding the zoning and annexation to
the City. He did not feel it was fair to take away the zoning
without his receiving compensation for the property. Mr. Ross
handed out copies of the three Supreme Court decisions (Barrie
(!)Case #43011; Barrie(2)Case #45787; Case #48189-0. Mr. Ross
stated he currently owns office facilities and knows how
difficult it is to keep them filled - there is not a great demand
and space in the downtown area is much cheaper so it is harder
for him to attract tenants to his properties. Mr. Ross commended
the Planning staff for a job well done in developing the new
Zoning Ordinance and generally speaking the new categories are
well accepted by the developers. Mr. Ross questioned a recent
action on September 6, 1988, where an occupancy permit from the
City was issued to a firm to manufacture and distribute wetsuits
and accessories on the property adjacent to his property where
the Prairie Market use to be. He stated his concern that through
an administrative action that property was changed from retail
use to a manufacturing use he did not feel it was right taking
his Commercial Zoning designation away from his property which is
adjacent to the property used for manufacturing. Mr. Ross
questioned the zoning designation for a piece of property he owns
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Page 11 of 15
on Wheaton Way which is surrounded by schools. He had attempted
to rezone ~his property from R-1 to Commercial but was denied
because of the School Districts position. He felt it was
appropriate at this time to change the designation to Commercial
and not to say that the two lots in this location are what
remains of the residential area on the east side of Wheaton Way.
Jim Adrian, 621 Washington, stated his opposition to the SF-3
designation for the Library property in East Bremerton. He noted
he did not think that public entities should be in the business
of development. Mr. Adrian commended the City Council for their
willingness to allow the public to give input on the proposed
Zoning Ordinance through Study Sessions and public meetings. He
also noted his approval of Council decision regarding the
Thompson Industrial Park area. Mr. Adrian also commended Mr.
Hough for his patience and willingness to take time to discuss
zoning issues through this whole process of developing the new
Zoning Ordinance.
E. L. Sturdivant, 3231 Halverson, spoke in opposition to the SF-3
designation for the properties on E. 33rd Street which included
the Library, TCI and Post Office and a piece of property across
the street and south of the Library (450 ft. 126 ft. deep) which
had belonged to the School District, however, now belonging to
the Library. He stated he and the View Ridge Neighborhood
Association 'found no fault with the Commercial designation for
area around East High School which fronts on Wheaton Way. He
requested the City Council to amend the new proposed Zoning
Ordinance text and map to read that the Library, Post Office and
TCI where presently located be designated SF-1 and Schools and
Parks. Also the Library on E. 33rd Street and the property south
of the Library be designated Schools and Parks.
Blake Harrison, 4041 Mountain View Drive, expressed his concern
of changing the Manette neighborhood area to anything greater
than SF-1. He cited safety for children and pedestrians along
Old Wheaton Way as a grave concern due to the heavy traffic in
this area. He suggested the possibility of putting in a traffic
signal to alleviate some of the pubic safety problems. He noted
that there was not adequate parking for Bremerton Gardens tenants
currently and if the density is allowed to be increased who will
address the issue of increased parking needs and increased
traffic on surrounding streets.
Mr. Houah addressed the following items brought up by public
testimony: (1) open space behind K-Mark and Value Giant...when
the subject properties were developed there were no conditions
which required "open space". (2) Library - presently it is zoned
R-1. With the development of the Post Office, TCI and Library the
area has developed into non-residential uses but are allowed in
R-1 zones so what is left is a strip along south 33rd which may
not fit into the neighborhood but is still a residential low
density designation and would allow the Library or post Office
or other public agencies to do something on the property. There
is no zone particularly for libraries. (3) Bremerton Gardens
density and traffic on Old Wheaton Way...currently we have a R-1
and R-2 zone, R-1 single family and duplex and R-2 is everything
else up to approximately 70 units per acres. The 70 unit density
per acre is being replaced with a significantly lower density-
Highland District would be the highest density with 30 units per
acre. (4) area behind Clares Marsh - currently it is zoned B-3
and is undeveloped and he imagined the purpose of putting an
Office District there was to provide a buffer between the
shopping center and the residential neighborhood to the west.
That was one of the purposes of the Professional Office Zone.
However, Mr. Ross has some very good points and it may be a good
case for the Correction of Errors process. Mr. Houah briefly
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Page 12 of 15
outlined institution of the Correction of Errors process upon it
being approved, giving the public the opportunity to file a
request for review of zoning. Mr. HorninG requested that a
correction as Mr. Ross requested should be done during the
adoption of the ordinance and should not have to wait until the
Correction of Errors process goes into effect. Mr. HouGh stated
if Mr. Ross had documentation to support his request he saw no
problem in working it out before second reading of the ordinance.
Mr. HorninG requested a more detailed explanation of the time
response in the Correction of Errors process. Mr. HouGh
explained it was his understanding that the City Council would
like to see a schedule showing how staff will process
applications for permits and also complaints from citizens. He
noted that he will need to study the different types of
applications to determine specific time frames and then list them
in a table.
Mr. HorninG called on Mr. Sturdivant to address Council. E.L.
Sturdivant, 3231 Haiverson, questioned what was the difficulty,
instead of high density housing, if the library, who owns the
strip of property, comes back and says they want to expand by
adding a computer center, etc.? And, is it any more difficult
to get the zoning for that over SF-3 and SF-1 and Parks and Open
Spaces?
Mr. Overson stated he felt that libraries'were for recreation and
education which would be the same as for Parks and Schools'
designation and suggested putting all libraries under the P and S
designation. Mr. HouGh stated that if Council desired to make
that change it would be easy to do by adding libraries to the
designation.
Mrs. Horton questioned if the Council puts the library properties
under the PS zone what will it do to the proposed business use
planned for part of the property? Mr. HouGh explained if it is
changed to PS zone the only uses the properly can be used for
are those listed under PS. President Waibel noted that there is
a Special Use Permit for the proposed use of day care and it
could be applied to the PS designation. Mr. HouGh stated if the
Special Use Permit was used it would be a non-conforming use in
that zone. Don Pratt, Director of Community Development, stated
a day care center is not allowed in a PS zone, however if the
day care were built it would then become a non-conformity under
the permit that was issued under the existing Zoning Ordinance.
And, there is a fine line of distinction...if the day care were
to be operated by the School District in conjunction with school
activities it probably would be interpreted by he as Planning
Director that it was an accessory to the school thereby being
permitted to exist there. Mrs. Horton questioned if a day care
was built could they expand? Mr. Pratt stated it appeared not
as they would have to come in to get a revised or new Special
Use Permit and the designation would not allow that under uses.
Mr. Jonson questioned if the following changes had been included
in the new ordinance: (1) City Council to change a decision made
by the Planning Commission by a simple majority...Mr. HouGh
stated yes. (2) Page X-20 Chapter 10- Jurisdiction - was the
hearing of appeals through the Hearing Examiner process removed
from this section...Mr. HouGh stated Hearing Examiner process has
been deleted from ordinance. (3) Was the Amortization Section
deleted from the ordinance? Mr. HouGh explained that the
Amortization Section would only be used if a building was not on
the property - if it were just a vacant lot. and the Non-
conforming Section was adopted in 1985. Mr. Johnson stated he
felt the Amortization Section was to correct some obvious
c6ncerns. Mr. Pratt stated about 2 1/2 years ago the City took
up new elements in the Zoning Ordinance of parking and non-
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conformities. The Non-Conformities Ordinance, as presented to
Council, included an Amortization Schedule and at that time the
Council was asked if they wanted to amortize all non-conformities
around the City? The debate centered around whether or not it was
fair to people who had built buildings under a previous ordinance
and were legal today to remove those buildings under any
circumstances because a new Zoning Ordinance had been adopted.
The people supporting the amortization of all uses lost, the
majority of the Council adopted the ordinance which stated only
in cases where there was not an investment in a building on the
site will we amortize the use. (4) Last May Mr. Dewhurst
provided a memo which included ordinances which he recommended
should not be repealed...a lot of those have been deleted from
the list provided by Mr. Hough...why? Mr. Hough stated a
thorough review of all the ordinances was made and it was
determined that the ordinances recommended by Mr. Dewhurst do now
meet the requirements in the new Zoning Ordinance and are not
needed to remain. Mr. Johnson questioned if one of the ones that
will not be repealed includes all the rezones along Kitsap Way
from Chico Way to the western boundary? Mr. Hough stated one
ordinance does involve massive rezones to Commercial - it is
still in effect. (5) Status and procedure for clearing
Concomitant Agreements made on previous rezones...Mr. Hou~h
stated the Concomitant Agreement is required by the ordinance and
when the provisions of the agreement in the Concomitant Agreement
are no longer necessary and have been met then they are deleted.
If they have not been met then they are still active. Mr.
Johnson stated he did not feel comfortable with that status and
hoped that somewhere a procedure is established to ensure that
Planning Commission, Planning Staff and Review Board reviews them
so that they are clear. Mr. Hough explained they have been very
careful in reviewing (twice) the agreements. Ian Sievers, City
Attorney, stated he agreed with Mr. Hough and when they are
rezoned and agreements have not been implemented through
development they do get rezoned with the current action.
President Waibel explained that quite a number of them become the
ground rules for establishing some of the zones proposed. New
zones have been designed to made sure the requirements in the
Concomitant Agreement are made a part of that new zone. Mr.
Johnson noted that if the agreements are to be removed then
someone should contact the Title Companies. Mr. Sievers stated
he felt they would pick that up because that agreement goes with
an ordinance that is now being repealed. Mr. Johnson questioned
how the Title Company would sort out those Concomitant Agreements
where 904 is covered under the new zoning? Mr. Sieves stated it
is preserved unless it is repealed.
Mr. Johnson questioned on staff's recommendation to repeal
Ordinance #3683 it is also being recommended that the property be
rezoned? Mr. Hough stated one of the conditions of the rezone
was if the development did not occur on the property within a
five year period of time that the zoning would revert back to R-1
or comparable zone. Mr. Johnson questioned on the appeal process
City Council will hear them in two-month interval...how long will
this go on? Mr. Hough explained it will be for a period of six
months. No one knows how many applications for review will be
submitted, however, assuming there are 15 appeals over a six
months period they will try to group them in packages of two
months.
M/S/C/U(Collins/Overson) moved to approve the Ordinance adopting
the new Zoning Ordinance, text and map including the Ordinance
which includes Section 4 on the review, corrections, time limits
for staff functions on request for land use.
M/S/C/U(johnson/Horton) an amendment to the motion to include all
public and general libraries be included in the Parks and
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Schools designation.
M/S/C/U(Horning/Horton) an amendment to the motion that the
Planning staff and City Attorney review the documentation
pertaining to the Ross property discussed at this meeting and to
adjust the zoning as appropriate based upon that review to assure
that the City's policy for rezoning to like uses of the property
are included in the second reading. reading.
Vote on original motion as amended: Unanimous vote in favor.
7C - ORDINANCE (FIRST READING) ESTABLISHING PROCEDURES FOR ZONING
REVIEW AND CORRECTION OF ERRORS FOLLOWING ADOPTION OF THE NEW
ZONING ORDINANCE AND ESTABLISHING A ZONING REVIEW COMMITTEE,
#AB88-232
On March 9, 1988, the City Council approved Resolution #2206
which established procedures for public notice of the new Zoning
Ordinance, and also included a process for the "Correction of
Errors" following adoption. This six-month period will allow
property owners and others to request a Zoning Review to
determine whether or not an error in zoning has occurred. Errors
that are discovered through this process will be corrected at no
charge to the applicant. This ordinance establishes the review
process and a three-member committee to process applications and
conduct the reviews.
Ron Hough, Planning Department, stated the proposed ordinance is
follow up to Council action on March 9, 1988. The criteria is
the same as the Resolution with a couple minor changes: there
will be a minimum of one meeting per month of the Review
committee during the six month review period and if necessary
more meetings will be set beyond the review period; the Committee
will also review staff initiated corrections or amendments but
will not be responsible for the review of specific corrections or
amendments directed by the City Council; under City Council
Action all the recommendations of the Zoning Review Committee
shall be scheduled for City Council public hearing and action at
two-month intervals at which the Council will take tentative
action. All tentatively approved corrections to the Zoning
Ordinance text and map shall be packaged and submitted to the
City Council for final adoption; under Zoning Review Criteria Mr.
Hough stated there was some concern as to the wording and he
suggested that item A1 and A4 could be combined and/or A4 could
be eliminated without doing any harm and item D - it appears
fairly obvious and could be eliminated.
E. L. Sturdivant, 3231 Halverson, questioned in the Correction of
Errors does a person pay a fee and is it reimbursed if the errors
are held up? President Waibel stated the fee is $50.00 and will
be refunded if it is determined that an error did occur.
Mr. Colvin stated if an error is found on the part of the City
he felt that the six month limitation is unfair. If an error is
found it should be corrected no matter at what point in time.
Mr. Hough stated there will be errors throughout
actions will be initiated to correct the error.
the process and
Mrs. Horton noted that she realized the application fee is
necessary, however, she hoped that the staff would be able to
handle cases where the applicant can't spend that kind of money
and lose. Mr. Hough explained that they will hold pre-
application conferences.
Mr. Johnson stated he had concern with item A2 under Zoning
Review Criteria...he felt it was too wide open, such as anyone
in a single family dwelling that has a fast food store in back
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yard or next door can come and complain to the Review Board.
Mr. HouGh explained that the idea for that section was if the use
is non-conforming use and conflicts with the neighborhood it
really should not be there.
President Waibel stated he
discussed during the past
through this review process.
hope that every item
six months will not
that has been
be revisited
M/S/C/U(Collins/Colvin) to approve Ordinance, on first reading,
establishing the Correction Of Errors process and Zoning Review
Committee.
M/S/F(Johnson/Collins) amendment to the motion to eliminate item
A-4 from the ordinance.
Vote: In favor:
Oppose:
Collins, Johnson, Overson
Horning, Colvin, Crutcher, Horton, Waibel
Vote on original motion:
Unanimous vote in favor.
With no further business meeting adjourned at 9:22 p.m.
KATHLEEN L. MCCLUSKEY, CITY CLERK
APPROVED
HANK WAIBEL, Council President
City of Bremerton
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