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HomeMy WebLinkAbout07/24/02 AGENDA 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA JULY 24, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting- July 10, 2002 (#AB02-141) B. Minutes of Meeting - July 17, 2002 (#AB02-142) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. 2003 CDBG/HOME Policy Plan (#AB02-143) 9. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A, Resolution No. 286~proposing a Public Safety Bond Issue for submission to Primary Election (#AB02o144) B. Resolution No. 2867 imposing Off-Premises Signs Moratorium (#AB02-145) C. Resolution No. 286~imposing Moratorium on Applications for Wireless Communications Facilities (#AB02-146) 10. ADJOURNMENT OF MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us F LE 239 4th Street · gremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA JULY 24, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting- July 10, 2002 (#AB02-14J) B. Minutes of Meeting - July 17, 2002 (#AB02-142) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. 2003 CDBG/HOME Policy Plan (#AB02-143) 9. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A. Resolution No. 2863 proposing a Public Safety Bond Issue for submission to Primary Election (#AB02-144) B. Resolution No. 2864 imposing Off-Premises Signs Moratorium (#AB02-145) C. Resolution No. 2865 imposing Moratorium on Applications for Wireless Communications Facilities (#AB02-146) 10. ADJOURNMENT OF MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us CITY COUNCIL MEETING JULY 24, 2002 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question...Please provide information below so staff will be able to contact you. Thank you. NAME ADDRES S/TELEPHONE TOPIC 3. Reminder: The next Council Meeting will be on Wednesday, July PUBLIC SAFETY BOND ISSUE PROJECT SUMMARY FACT SHEET Police Department A. Provide new Public Safety Building to house the Police Department and Municipal Court -Purchase of US Bank Building 1,200,000 -Remodel of building 3,900,000 -Equipment for building 500,000 B. Purchase of 5 new patrol cars. Increase the City's current fleet of patrol cars. -Purchase and equipment of 5 cars 250,000 C. Special Operations Facility- remodel an existing City building to house 250,000 the Police Dept. undercover Special Operations Group. Fire Department A. Replace 70 year old downtown Fire Station #1 -Construction of new station 3,800,000 B. Purchase of three new fire tracks; one for each station to replace 20 year old tracks. ($450,000 each) 1,450,000 C. Purchase new ladder track to replace the 30 year old ladder track 800,000 D. Upgrade Fire Department equipment 829,000 TOTAL BOND ISSUE $ 12,979,000 Cost to Homeowner If approved by the citizens of Bremerton, the $12.979 million public safety bond will be issued in 2003. For the individual homeowner whose property is valued at $100,000, this equates to $4.90 per month in 2003 property taxes decreasing to $2.74 per month in 2027. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: .llJkY 2/4, 2002 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- JklkY 10, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: JUkY i5, 2002 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: ENDORSEMENT [--'] INFORMATION [] APPROVED FOR SUBMITTAL BY COUN~CIL PRESIDENT: MAYOR: ~- Z--~_..~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED 7q TA~LE~) []Am, ROVE[~ 7~ mSAP~'ROVED ~] AMEm)ED 75 COUNCIL DIRECTIVE: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1842 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES July 10, 2002 The weekly 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, July 10, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council Member Eric Younger was absent. Also present were Assistant City Attorney Simon Stocker; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Chaplain Conrad Dodd of Kitsap Lake Baptist Church. Council President Arends made the following announcements: (1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference Room to discuss general Council business from 5:00-5:30 P.M. CONSENT AGENDA A. Minutes of Meeting - June 26, 2002 (#AB02-130) B. 2002 Bulletproof Vest Partnership Grant (#AB02-131) C. Purchase of 80 Personal Computers from IBM Corporation (#AB02-132) #0025 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0065 M/S/C/U (McConnell/Olsen) On July 10, 2002 the Council approved payment for those vouchers included and further described as follows: Check numbers 272366; 272391; 272392; 272452 through 272654; and EFT 7132 in the amount of $915,671.47; Check numbers 272676 through 272681 in the amount of $218,642.25; Regular Payroll in the amount of $1,043,054.83 for the pay period ending June 30, 2002; and Retiree Payroll in the amount of $151,440.94 for the pay period ending June 30, 2002. COUNCIL MEMBER REPORTS Will Maupin reported on several meetings he has attended this week including the Kitsap Regional Coordinating Meeting (to discuss countywide planning policies and long-range plans); and meetings with the Kitsap County Board of Health and Kitsap Transit Policy Board. He also commented on his attendance at the First Friday Art Walk and related events last week, which he thoroughly enjoyed. Mike Shepherd also enjoyed the First Friday Art Walk event, and encouraged citizens to partake in the activities on August 2; invited the public to attend the 5th Annual District 5 Neighborhood picnic at Evergreen Rotary Park on Saturday, July 20th from 12:00 to 2:00 P.M.; and lastly, he thanked the volunteers from BKAT for their efforts in providing local programming. Ed Rollman urged citizens to be patient during the recent construction taking place on Callow Avenue; encouraged citizens to call the Council office at 478-5280 if they have any concerns; discussed an upcoming article emphasizing some of Bremerton's "forgotten" history; announced the next "Concert on the Boardwalk" would be held Friday, July 12; the "El Latino Carnaval" would be held Saturday, July 13; and expressed sympathy at the passing of long-time civic leader Fred Schoneman. TAPE #1842 City Council Reg. Mtg. Minutes July 10, 2002 Page 2 of 5 Daren N¥.qren invited the public to attend the next meeting of "Kitsap Trees", which promotes tree planting efforts in all of Kitsap County at the Kitsap Regional Library on Sylvan Way next Tuesday, July 16 at 6:30 P.M. He was pleased to see the wonderful turnout at the brown bag "Peanut Butter & Jam Session" held during the lunch hour today at the gazebo Park next to City Hall. He announced the next concert would be August 14th, followed by September 18th from 12:00 to 1:00 P.M. Cecil McConnell discussed his attendance at the Gold Mountain Board of Directors meeting, where he learned of several improvements planned for the parking lot at Gold Mountain Golf Course, including additional handicap parking spots and increased lighting. Wayne Olsen was pleased to be included as part of the graduating ceremony for Gall Moreland and Judy Wood, who recently completed the 2002 Bremerton Employment Training Program sponsored by Goodwill. He was also pleased to inform members of the public that the program offers computer training from 9:30 to 11:00 A.M. on Fridays. Lastly, he reported on his attendance at a meeting of the Military Affairs Committee, where they discussed plans for a "New Years Eve" event for members of the military and their families. Carol Arends announced that the next regular meeting of the Bremerton School Board was scheduled Thursday, July 11, 2002 at the Bremerton School District Administration Building at 134 N. Marion. She also noted that she would be attending the Puget Sound Regional Council meeting tomorrow in Seattle. MAYOR'S REPORT Mayor Bozeman announced the following: · All Department Heads would now attend all Council meetings to keep abreast on City business; · Gene Sarnpley was brought forward to announce that the Washington State Department of Transportation and the Federal Highway Administration have selected the Gateway Project as the "Best Transportation Project in the State", and would recognize the City with an Award of Excellence; · He encouraged attendance at the "Peanut Butter & Jam Session" and "El Latino Carnaval"; · Provided details on how costs were lowered for the Public Safety Bond; and · Introduced Crystal Kay Robinette, selected as "Miss Kitsap Fair & Stampede Queen for 2002" PUBLIC RECOGNITION Allen Shute expressed his concern that the City was not doing enough to relieve neighborhoods from PSNS workers parking along their residential streets. Carol Atkinson thanked all those who attended the Jr. Cadillac Concert last, and invited the public to attend the next Concert on the Boardwalk to enjoy the music of "Phoenix" on Friday, July 12 from 6:00 to 8:00 P.M. She also invited the public to attend the Blackberry Festival on the Boardwalk which would be held August 31 and September I this year. Don Larson reiterated his support for more trees and green areas in and around the City; and asked if the City has considered the recently cleared property at 6t" & Naval for a new Fire Station. H. Emily Moshay was pleased the first "Peanut Butter & Jam" session was so well attended. Daniel Sherwood supported the Public Safety & Bond issue, and offered his services to provide literature to the public regarding this cause. TAPE #1842 City Council Reg. Mtg. Minutes July 10, 2002 Page 3 of 5 Jim Spencer, Director of Parks & Recreation, reminded families that the Parks Department is sponsoring several free programs for kids between the ages of 6 to 12 Monday through Thursday from 10:00 A.M. to 3:00 P.M. at several local City parks through the end of August. 8A - APPOINTMENT OF MAURICE CORREIA TO THE CIVIL SERVICE COMMISSION (#AB02-133): Sherril Huff-Menees stated that there is a vacancy on the Civil Service Commission and Mayor Bozeman is recommending that the vacancy be filled by Mr. Maurice Corriea. Maurice Corriea was pleased to offer his services by volunteering to serve on this Commission. There were no comments from the public. #1305 MIS/C/U (Shepherd/Maupin) Move to confirm the appointment of Mr. Maurice Corriea to the Civil Service Commission. 8B - APPOINTMENT OF RON SMITH TO THE BLOCK GRANT ADVISORY COMMITTEE (#AB02- 134): Sherril Huff-Menees also announced that there is a vacancy on the Block Grant Advisory Committee and Mayor Bozeman is recommending that Mr. Ron Smith be appointed to fill the vacancy. There were no comments from the public. Mr. Olsen suggested that in the future, all appointees attend the first Council meeting to allow the Council members a chance to see and meet the appointee. #1383 MIS/ClU (Short/Maupin) Move to confirm the appointment of Mr. Ron Smith to the Block Grant Advisory Committee. 8C - BID AWARD FOR TIMBER SALE 02-1 (#AB02-135): Gene Sampley, Public Works & Utility Director, summarized that the timber sale was planned and prepared within the guidelines of the Water Utility's Forest Management Plan and the Washington State Forest Practices regulations. A forest practices permit has been obtained for this harvest operation. This proposed harvest will be an even- age cut on four units comprising 40 acres total. Total estimated volume is 1,090 MBF. Advertisement for bids was prepared according to administrative procedures and bids received on June 25, 2002. A summary is attached as Exhibit B. It is recommended that City Council award the timber sale to Quinalt Logging for the amount of $432,320. It was also noted that this timber sale was a planned harvest consistent with the Forest Management Plan. There were no comments from the public. #1582 MIS/C/U (Shepherd/Short) Move to approve and authorize the Mayor to execute the attached Bill of Sale and Contract to Pay for and Remove Forest Products from City Lands for Timber Sale 02-1, with Quinalt Logging in the amount of $432,320 in accordance with established administrative policies and procedures. 8D - RECIPROCAL MAINTENANCE AGREEMENT BETWEEN CITY OF BREMERTON AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (#AB02-136): Gene Sample¥, Public Works & Utility Director, stated that this agreement allows for reimbursable work and/or rent of equipment between the City and the State when it is of mutual benefit. Don Larson questioned if the City could maintain and water the plantings in City right-of-ways. Gene Sampley specified that this question was not related to the issue being discussed. Although he agrees that areas with tree plantings do need to be maintained, the City is working with limited resources. TAPE #1842 City Council Reg. Mtg. Minutes July 10, 2002 Page 4 of 5 #'1810 M/S/C/U (Short/Maupin) Move to approve the Reciprocal Maintenance Agreement between the City of Bremerton and the Washington State Department of Transportation. 9A - PUBLIC HEARING AND ORDINANCE NO. 4808 (SECOND READING) AMENDING TITLE 2 OF THE BREMERTON MUNICIPAL CODE RELATING TO DEPARTMENTS AND DIVISIONS OF THF CITY GOVERNMENT; AND CONFIRMING RICH HANNA AS THE FINANCE DIRECTOR (#AB02- 128): The first reading of this ordinance was heard at the Council meeting on June 26, 2002. There were no comments from the public. #'1900 M/S/C/U (Rollman/Olsen) Move to pass Ordinance No. 4808 on second reading. #'1935 M/S/C/U (Rollman/Short) Move to confirm Rich Hanna as Finance Director. 9B - PUBLIC HEARING AND ORDINANCE NO. 4809 (SECOND READING) AMENDING TITLE 2 OF THE BREMERTON MUNICIPAL CODE ADDING A NEW CHAPTER 2.07 CREATING THF ECONOMIC DEVELOPMENT DEPARTMENT; AND CONFIRMING GARY SEXTON AS THF ECONOMIC DEVELOPMENT DIRECTOR (#AB02-'129): The first reading of this ordinance was heard at the Council meeting on June 26, 2002. There were no other comments from the public. #'1993 M/S/C/U (Maupin/Short) Move to pass the Ordinance No. 4809 on second reading. #20'15 M/S/C/U (Maupin/Short) Move to confirm Gary Sexton as the Economic Development Director. 9C - RESOLUTION NO. 2863, AUTHORIZING BID AWARD TO PURCHASE WlRTGREN ASPHALT GRINDER; AND RELATED BUDGET ADJUSTMENT NO. 02-'15 (#AB02-'137): Gene Sample¥, Public Works & Utility Director, reported that staff recommends the budget adjustment in the amount of $130,200.00 for the purchase of a used 1998 Wirtgren 1000 asphalt grinder and training of mechanics. The new price for a new asphalt grinder is $219,500.00 The Streets Division of Public Works and Utilities annually rents these units for a one month cost of 21,000.00. The City was able to rent a machine locally this year for $17,500.00 from Carstan Leasing including a provision that 80% of the rental rate would be credited towards purchase of the machine should the City decide to purchase. It was noted that the Budget Adjustment was amended to $116, 200 due to a credit received earlier by the City; and that the City would save approximately $10,000 per year over the life of the machine. There were no comments from the public. #2250 M/S/C/U (Short/Maupin) Move to approve Resolution No. 2863 #2275 M/S/C/U (Short/Olsen) Move to approve Budget Adjustment No. 02-15 for $116,200. #2300 M/S/C/U (Short/Maupin) Move to award bid to Carstan Leasing in the amount of $130,200 inclusive of sales tax for a 1998 Wirtgren lO00 asphalt grinding & millin~t machine. 9D - RESOLUTION NO. 2864, AUTHORIZING THE CITY OF BREMERTON TO RECEIVE STATF REVOLVING FUND LOAN FOR ANDERSON COVE (#AB02-138): Gene Sampley, Public Works & Utility Director, summarized that the City of Bremerton applied for and received awards for five Washington State Water Pollution Control Revolving (SRF) Fund Iow-interest loans to fund improvements included in the City's Combined Sewer Overflow (CS©) Reduction Program. The final TAPE #1842 City Council Reg. Mtg. Minutes July 10, 2002 Page 5 of 5 loan agreement in the amount of $640,427 for reimbursement for Anderson Cove CSO Reduction Facilities (Loan No. L0200026) has been approved and is ready for execution. There were no comments from the public. #2540 M/S/C/U (Maupin/Rollman) Move to approve Resolution No. 2864 authorizing the City of Bremerton to receive SRF Loan No. L0200026 and authorize the Mayor to execute the same. 9E - RESOLUTION NO. 2865, AUTHORIZING THE CITY OF BREMERTON TO RECEIVE STATF REVOLVING FUND LOANS FOR CHERRY/TRENTON CSO REDUCTION; TRENTON AVENUF PUMP STATION IMPROVEMENTS; TRACYTON BEACH CSO REDUCTION; AND ANDERSON COVE BASIN 12 (#AB02-139): Gene Sample¥, Director of Public Works and Utilities, reiterated that the City of Bremerton applied for and received awards for SRF loans to fund improvements in the CSO Reduction Program. Draft loan agreements are prepared for Cherry/Trenton CSO Reduction for $1,000,000; Trenton Avenue Pump Station Improvements for $1,000,000; Tracyton Beach CSO Reduction for $693,000; and Anderson Cove Basin 12 for $650,000. There were no comments from the public. #2615 M/S/C/U (Nygren/Maupin) Move to approve Resolution No. 2865 authorizing the City of Bremerton to receive SRF Loans for Cherry/Trenton CSO Reduction, Trenton Avenue Pump Station Improvements, Tracyton Beach CSO Reduction, and Anderson Cove Basin 12, and authorize the Mayor to execute the same subject to City Attorney approval of final relevant terms and conditions. With no further business, the Council meeting was adjourned at 6:47 P.M. Prepared and Submitted by: LORI SMITH Council Liaison Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: OUt_¥ 2~4, 20O2 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- 0ULY 1 7, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: .IUkY 18, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [-] INFORMATION [--] APPROVED FOR SUBMITTAL BY COUt~CIL PRESIDENT: MAYOR: (--~az..~,_~ ~.~__~__.- ' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ~] TABLED ~-] APPROVED [~] DISAPPROVED ~-] AMENDED ~] DATE: COUNCIL DIRECTIVE: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1843 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES July 17, 2002 The weekly 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, July 17, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. Council President Arends made the following announcements: (1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference Room to discuss general Council business from 5:00 to 5:30 P.M.; and (2) The Council will again reconvene in the Council Conference Room immediately following the regular business meeting for a 15-minute Executive Session to "REVIEW PERSONNEL PERFORMANCE". CONSENT AGENDA - There were no Consent Agenda items this week. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0015 M/S/C/U (Younger/McConnell) On July 17, 2002 the Council approved payment for those vouchers included and further described as follows: Check numbers 272683 through 272685 and 272689 through 272993 in the amount of $946,466.41. COUNCIL MEMBER REPORTS Daren N¥.qren announced the next District 3 meeting would be held next Tuesday, July 23~ from 7:00 to 8:30 P.M. at the Manette Senior Center located at East 13th Street & Nipsic Avenue to discuss traffic issues and road concerns with Luke Korpi of Engineering and Bob Tulp of Public Works. He also reported on the first meeting of "Kitsap Trees" held last evening. Ed Rollman applauded the efforts of those who organized the El Latino Carnaval event on Saturday, where he and his family had an enjoyable time; and he thanked The SUN reporter Eric Williams for the interesting article on the "forgotten" history of Bremerton. Lastly, he noted that he was honored to attend the memorial service for Fred Schoneman last Thursday. Mike Shepherd provided additional details from the well-attended meeting with "Kitsap Trees". He announced the next meeting would be held on Tuesday, August 20, and encouraged any citizen who wanted to get involved to call Don Larson or the City Council office at 478-5280. He also invited the public to enjoy hamburgers and hotdogs at the 5th Annual District 5 Neighborhood Picnic at Evergreen Rotary Park on Saturday, July 20th from 12:00 to 2:00 P.M. Will Maupin discussed a presentation he attended earlier today on the design of the hotel & convention center, and was very impressed so far with the work of the designers. Mike Short reported in his attendance at the Puget Sound Regional Council (PSRC) Transportation Policy Board meeting last Thursday in Seattle where several Kitsap County projects were discussed. TAPE #1843 City Council Reg. Mtg. Minutes July 17, 2002 Page 2 of 3 Carol Arends also attended the Puget Sound Regional Council (PSRC) Transportation Policy Board meeting in Seattle where after much discussion noted that the recommendations of the staff were accepted, including the next phase for the Gateway Project. Lastly, she commented on her attendance at the El Latino Carnaval, which she too thoroughly enjoyed, and hoped it would be an annual event. MAYOR'S REPORT Mayor Bozeman briefed the Council on the following issues: · Results of the "Survey of Bremerton Residents on Public Safety Issues" · The latest plans and designs for the Hotel & Conference Center · Property negotiations with Washington Mutual for the proposed Government Center · City's lack of budgeting appropriate funds for street paving supplies and equipment · Current status of the "Bremerton Ice Arena" · Recent meetings on Maritime Park with reps from both the State and Federal Government · Distributed copies of the "Public Safety Bond Issue Project Summary Fact Sheet" PUBLIC RECOGNITION Allen Shute thanked Paula Johnston for her assistance with parking issues in his neighborhood; and expressed his concern that fireworks are still being fired off illegally in the City limits. Roy LaPrath first, expressed his support for the Public Safety Bond, and secondly, made a strong request for speed bumps on Hartford Avenue where he is concerned about the safety of the neighborhood now that young people have begun to "drag race" their vehicles down the street at excessive speed. 9A - CLOSED RECORD DECISION HEARING FOR PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT PL01-0039 "LARSON PUD"; APPLICANT: RICK LARSON (#AB02-140): President Arends stated that all Council members should now give consideration as to whether they have 1) a demonstrated bias for or against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the proceedings; 3) a pre-judgment of the issue prior to hearing the facts on the record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. All Council members remained seated. President Arends then inquired ff any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concerns. With no comments from the public, the hearing proceeded with afl Council members seated. Jim Svensson, Planner with the Community Development Department, began by stating that the Hearing Examiner has recommended conditional approval of a 20 unit preliminary PUD and 20 lot preliminary plat that was submitted by Rick Larson on June 22, 2001. The site is located at the southwest corner of the intersection of Sylvan Way & Rickey Road (a map was displayed). The Hearing Examiner has recommended approval, subject to 24 conditions. The City procedural ordinance indicates that the Hearing Examiner decision constitutes a recommendation to the City Council, and that approval must be considered at a closed record decision hearing. Neither the applicant nor any other party of record has requested reconsideration or otherwise expressed concern with regard to the Hearing Examiner's recommendation with regard to this matter. Mr. Svensson summarized the summarized the Department of Community Development Staff Report by discussing the description of the project, the surrounding zoning and land use, the site characteristics, SEPA Status, the criteria used for the decision, and the Findings of Fact for both the TAPE #1843 City Council Reg. Mtg. Minutes July 17, 2002 Page 3 of 3 PUD and the preliminary plat. Based upon this information, it was recommended that the Preliminary Plat and the Planned Unit Development entitled "Larson's Plat" be approved, subject to the Department's documented 14 conditions. It was also noted that the applicant's Engineer, Craig Baldwin was in attendance tonight to provide any additional information that may be requested. There were no comments from the public. Mike Shepherd thanked Mr. Svensson and City Attorney Roger Lubovich for addressing his concerns about protecting any wetland areas. However, he asked for additional assurance that there would be adequate signage for any designated wetland areas immediately adjacent to the residential developments to prevent them from becoming "dumping grounds" or unsafe play areas for children. Mr. Svensson responded that although there was not a condition to specifically address signage of the wetland buffer, the area would be delineated by a trail that would general follow the outer limit of the 50- foot buffer. #1015 M/S/C/U (Short/McConnell) Move to approve and adopt the Hearing Examiner's findings and recommendation. At the conclusion of regular business at 6:07 P.M., the Council reconvened in the Council Conference Room for a 15-minute Executive Session to "REVIEW PERSONNEL PERFORMANCE". With no further business, the meeting was then adjourned at 6:25 P.M. Prepared and Submitted by: LORI SMITH Council Liaison Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: July 24, 2002 2003 CDBG/HOME Policy Plan ORIGINATING DEPT.: DED ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: July 15, 2002 2. CLEARANCES: 3. EXHIBITS: 2003 Draft Policy Plan ~i~ cYa~a~n°~~~r' (CwITHOPY 0FcDBGDOCUMENT AVAIsTAFF) LABLE g _ ead at study session June 5, 2002 Operations Heard at study session June 5, 2002 ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAY~O~_ _/~.~~ C~OUNCILPRESIDENT ~~ ~c-~-~t~ ~/ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION' As an Entitlement Community under the Community Development Block Grant Program, the City of Bremerton is required to solicit the input of citizens in the use of CDBG and HOME funds. Attached is the draft 2003 CDBG/I-IOME Policy Plan and schedule. The Plan identifies the CDBG rules and regulations, as well as the City's proposed allocation process for CDBG and HOME funds. The plan was made available to the public for comment from June 11, to July 23, a public meeting to discuss the Plan was held on June 25, 2002. A technical assistance meeting to discuss the elements of the application was held on July 23. According to the plan, applications will be accepted until August 22. The City received two comments relative to the draf~ plan, both from Kitsap Community Resources (KCR). KCR recommends expanding housing services to include homeowners and providing a two year funding cycle for public service grants. 8. RECOMMENDATION: ! move for approval of the 2003 CDBG/HOME Policy Plan 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED__ TABLED__ APPROVED~ DISAPPROVED AMENDED COUNCIL DIRECTIVE: AGENDA BILL NO O~9~-/L/~,. 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Unable to begin the 2003 CDBG/HOME allocation process 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None, already budgeted 7. RESEARCH SOURCES: THE FOLLOWING 4 PAGES IS A SUMHARY OF THE ENTIRE "CDSG HOME PROGRAM 2003 POLICY PLAN AND APPLICATION" DOCUMENT... PART II 2003 CITY OF BREMERTON CDBG ALLOCATION POLICY How will CDBG funds be distributed between various eligible activities? Funds available for various eligible CDBG activities are determined by Federal regulations and local priorities. ® Federal regulations limit the amount of funds which can be allocated to public service projects to 15% of the annual CDBG entitlement, plus 15% of the program income received during the City's immediately preceding program year. The City receives program income from the revolving housing loan program. These funds do not impact the annual CDBG allocation. The amount available for public services will be 15% of the federal allocation. · The amount of funds that can be allocated to planning and administration projects, including the overall administration of the City of Bremerton's CDBG Program, is limited to 20% of the annual grant. · Federal regulations require that a minimum of 70% of the annual grant funds go to projects that directly benefit low and moderate income persons. · Funds allocated under the CDBG program must meet one of the priorities identified in the Kitsap County Consortium Consolidated Plan for 2001 through 2006. The City of Bremerton and Kitsap County joined together as a consortium in order to assure receiving HOME funds. The Consolidated Plan identifies 5 general priorities related to housing, homeless, and non-housing community needs to be addressed with Federal fimds. Please note, that activities that are included in the plan may not be prioritized in the City's Policy Plan. The Consolidated Plan priorities are listed below (the order listed does not establish any categorical priority): 1. ltomelessness To ensure that decent, accessible, affordable, and suitable housing is available in the County and Cities and to support serxdces that meet the needs of individuals and families who are homeless or at risk ofhomelessness, the Kitsap County community will: 200.3 CI'I~' OF BREMERTON--CDBG .-hLLOCATION POLICY PART I! PAGE 1 · Provide a variety of decent and safe emergency transitional and affordable permanent housing; · Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration, homelessness prevention, and rental assistance; · Develop, coordinate, and maintain sufficient support services to sustain low- income and special needs populations' independent living. 2. Special Needs Populations* To ensure that suitable, effective assistance is available for vulnerable persons in special needs populations who are in need of housing, support or care services, the Kitsap County community will: · Maintain, improve and increase effective services and suitable housing; · Ensure effective service delivery and housing availability through supportive ordinances and regulations; · Support efforts to develop an entry system for special population clients that ensures links with appropriate diagnosis, placement, support and treatment; · Increase and maintain the availability of effective, timely life skills training and work preparation to promote self sufficiency. *Special Needs Populations include the following categories: elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons living with HIV/A1DS, persons fleeing domestic violence, persons with alcohol or other drug addiction and people affected by more than one identification. 3. Housin~ To ensure access to affordable, decent, safe and appropriate transitional and permanent housing for all individuals and families, the Kitsap County community will: · Increase the stock of affordable rental units throughout the County (except in Bremerton where an increase will be considered only when dilapidated structures are demolished or rehabilitated) through preservation, rehabilitation and construction · Increase the number of new homeowners among low/moderate income individuals and families through fair housing efforts, education, housing counseling, financial assistance and affordable construction; · Improve and retain existing housing stock through preservation, rehabilitation. weatherization, accessibility and planning efforts; · Support education and training that builds community awareness of lead-based paint hazards and incorporate new studies and regulations into any planning for mitigation: · Improve the salary and [ivabilitv of neighborhoods through revitalization and/or demolition of inappropriate or dilapidated structures: ~'003 CITY OF BREMERTON--CDBG ALLOCArlON POLICY PART I1 PAGE 4. Community Development To ensure the safe livability of neighborhoods, the preservation of important facilities, public access to facilities and services, and planning activities, that primarily benefit low-income persons, Kitsap County will: · Support a continuum of social and health services for low/moderate income persons in Kitsap County; · Provide sukable access to all public buildings in the cities and County; Support planning and projects that preserve or increase housing for Iow income and moderate income populations; · Support local efforts toward solving public facility needs, especially those identified in capital facilities plans; · Meet urgent Community Development needs, which pose a serious and immediate risk to public heakh or safety. 5. Economic Development To ensure a thriving community, with livable wage jobs and long-term economic and social viability, Kitsap County community will: · Support creation and retention of livable wage jobs, and essential job preparation; · Assist low-income individuals who wish to establish, expand or stabiliTe a small business by providing loans and supportive technical assistance and training; · Revisit existing economic development plans and modify them as necessary to develop and maintain infrastructures that encourage living wage jobs; · Support the continuum of social services for Iow/moderate working persons in Kitsap County that promote self-sufficiency. What is the proposed distribution of 2003 CDBG funds? Remember, the Public/Human Services $ 82,500 amount the City 15% maximum will receive in 2003 is an Planning & Administration estimate. We will 20% maximum not know the CDBG Administration $ 90,000 actual amount Downtown Planning Activities$ 20,000 until Congress approves the Housing Activities federal HUD City. Housing Program $100,000 budget. Other Housing Activities $ 50,000 Capital Projects $157,500 Set aside for Code enforcement S 50.000 ESTIMATED TOTAL 5550,000 2003 CITY OF BREMERTON--CDBG ALLOCAI'ION POLtCY PART II PAGE 3 How will Projects be selected for funding? · City staffwill review applications to assure they are complete and meet threshold requirements. Projects that do not meet threshold requirements will not be considered for funding. · Applications that are complete and meet threshold requirements will be provided to members of the Citizen Advisory Committee for review. · Each applicant will have the oppommity to orally present their project and answer questions concerning the application during a brief interview with the Advisory Committee. ® Based on the application and the interview, each member of the Committee will rate the application according to criteria described in this section. Activities in each category (public service, housing, capital/economic development, and planning,) will be rated in comparison with other activities in the same category. · The scores of the three Committee members, on each activity, will be added together and divided by three to determine the final activity score. · Once projects have been rated and ranked, funds will be awarded to projects as follows: Projects will be ranked in numerical order according to their rating. The Advisory Committee may recommend a redistribution of the funds among the categories based on the number and quality of applications received. Funds will be awarded according to the (eligible and reasonable) amount requested by the applicant until the amount available in the category is allocated The minimum award for public service activities is $7,500, the maximum is $25,000. · The recommendation to be forwarded to the City Council will consist of the projects in each category that receive the highest ranking score based on the funding distribution described above or redistributed as described above. · Applicants will be notified of the status of their applications. · A public hearing will be held and the Bremerton City Council will make the final decision concerning activities to be included in the 2003 Action Plan. What are the five threshold requirements? · The application was received by the due date [Postmarks are not accepted) · The application is substantially complete (applicants will have the opportunity to repair minor clerical errors). · The applicant is eligible as of the application due date. · The project or activity addresses a national objective. · The project or activity, is eligible under the CDBG program. 2003 CITY OF BREMERTON--CDBG ALLOCATION POLICY PART Ii PAGE 4 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 7/24/02 ORIGINATING DEPT: Executive Resolution No. ~~ ORIGINATOR: Mayor Bozeman Public Safety Bond Issue DATE SUBMITTED: 7/3/02 2. CLEARANCES: 3. EXHIBITS: Attorne,.~~~ Resolution ~z). Fiscal & Operations ~{u, ~U~f ~-.5~{~ ENDORSEMENT INFORMATION-, APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR .... ~ ~' ...! ~_ COUNCIL PRESIDENT 4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached resolution will allow the public to vote at the September 17, 2002 Primary Election on a proposition which would authorize the City to acquire additional police patrol vehicles; acquire four additional fire trucks, apparatus and related equipment; construct, remodel and equip a new Fire Station and Police and Court facility with related offices. To issue no more than $12.979 million of unlimited tax general obligation bonds maturing within 25 years to pay the costs of such construction and acquisition and levy annual excess property taxes to pay and retire the bonds. This amounts to approximately $.59/$1,000 in the first year of the bond issue to $.33/$1,000 in the final year. For the individual homeowner whose property is valued at $100,000 this equates to $4.90 per month in 2003 property taxes decreasing to $2.74 per month in 2027. 8. RECOMMENDAT I ON: Motion to approve Resolution No. ~~ providing for the submission to the registered voters of the city at the 9/17/2002 primary election a ballot proposition for Public Safety purposes in the amount of $12.979 million. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE:N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED AP PROVED D I SAP PROVED AMENDED COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: 2. CLEA1RANCE COMI~ENTS lcont. ): 4. SUMI4AiRY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: We will need to reassess how to adequately finance the City's public safety needs. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES This will not impact the City General fund if the ballot proposition passes. 7. RESEARCH SOURCES: RESOLUTION NO. ,¢~ ~..~ A RESOLUTION of the City Council of the City of Bremerton, Washington, making a finding; providing for the submission to the registered voters of the City at a special election to be held in conjunction with the primary election on September 17, 2002, of a proposition authorizing the City to acquire additional police vehicles, fire trucks, apparatus and equipment; to acquire land, construct, remodel and equip new fire, police and court facilities; to incur indebtedness; to issue no more than $12,979,000 of unlimited tax general obligation bonds maturing within 25 years to pay the costs of such construction and acquisition; and to levy annual excess property taxes to pay and retire such bonds; and declaring an emergency. WHEREAS, the City Council of the City of Bremerton, Washington (the "City"), finds it in the best interests of the City to acquire additional police vehicles, fire trucks, apparatus and equipment; to acquire land, construct, remodel and equip new fire, police and court facilities; and WHEREAS, in order to provide all or part of the funds necessary to accomplish such project, the City Council finds it necessary, proper and advisable that the City incur indebtedness, issue no more than $12,979,000 of unlimited tax general obligation bonds maturing within 25 years to pay the costs of such construction and acquisition, and levy annual excess property taxes to pay and retire such bonds; and WHEREAS, by law the proposition of whether the City may incur such indebtedness and issue such bonds for such purposes must be submitted to the registered voters of the City for their ratification or rejection; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ,gECTION 1, Finding and ~qtimated Co~qt.q of Pro.lear. The City Council deems it to be in the best interests of the City and its citizens to acquire additional police vehicles, fire Public Safety Bond 1 trucks, apparatus and equipment; to acquire land, construct, remodel and equip new fire, police and court facilities (the "Project"). The estimated cost of the Project, including the costs of issuing and selling the bonds authorized by this resolution, is declared to be, as nearly as may be determined, $12,979,000. ~,.ff,.T./_O_N_~ Proposal to Issue lqonds. Subject to the approval of the registered voters of the City, the City hereby authorizes the incurrence of indebtedness and the issuance of the bonds therefor in an aggregate principal amount not to exceed $12,979,000 (the "Bonds") for the purpose of providing all or part of the money necessary to pay the capital costs of the Project. The term "capital costs," as used in this Section, shall be construed consistently with the term "capital purposes" in Article VII, Section 2(b) of the Washington Constitution and RCW 84.52.056, but, subject thereto, may include the costs of (i) property acquisition, including leasing and acquiring purchase options, (ii) engineering, design, demolition and other site preparation; and (iii) planning, financial, legal and other services lawfully incurred incident to accomplishing the Project and its financing, including the incidental costs and costs related to the sale and issuance of the Bonds; provided, however, the term "capital costs" shall not include maintenance, operation or costs for replacement of equipment. The Bonds shall bear such date or dates; shall mature at such time or times not to exceed 25 years from the date of issuance thereof; shall be issued in such denominations; shall bear such terms, conditions and covenants; shall be in such form; shall bear interest at such fixed or variable rate or rates; shall bear such redemption and registration privileges; and shall be sold in such manner, at such time or times, in such amounts and at such price or prices as the City Council shall hereafter determine by ordinance. The Bonds may be issued in one or more series, either separately or in combination with other authorized general obligation bonds of the City. The Bonds shall be general obligations of the City and, unless paid from other sources, both the principal thereof and the interest thereon shall be payable from annual property tax levies, if authorized by the registered voters as provided in Section 4 of this resolution, upon all taxable property within the City in excess of all regular property tax levies, without limitation as to rate or amount. Public Safety Bond 2 ~ Short-Term Obligations. Subject to the approval by the registered voters of the City of the issuance of the Bonds to pay the capital costs of the Project, the City may, by ordinance, provide for the issuance of short-term obligations in anticipation of the issuance of the approved Bonds in accordance with the provisions of RCW 39.50. The aggregate principal amount of all such short-term obligations and Bonds outstanding at any time shall not exceed $12,979,000. SECTION 4. ~qnhmission to Voters_ The City Council finds that an urgent need exists for the Project and declares that an emergency exists requiring submission to the registered voters of the City of the proposition authorizing the incurrence of indebtedness and the issuance of the Bonds to pay the capital costs of the Project at a special election to be held in conjunction with the primary election on September 17, 2002. The Kitsap County Auditor, as ex officio supervisor of elections, is hereby requested to find the existence of such emergency pursuant to RCW 29.13, and is requested to assume jurisdiction of and to call and conduct a special election, to submit to the registered voters of the City the proposition set forth below. The City Clerk is hereby authorized and directed to certify said proposition to the Kitsap County Auditor in substantially the following form, with such additions, deletions or modifications as may be required by the City Attorney: THE CITY OF BREMERTON, WASHINGTON PROPOSITION NO. 1 PUBLIC SAFETY FACILITIES BONDS The City Council of the City of Bremerton, Washington, adopted Resolution No. concerning a proposition for financing, constructing, remodeling and acquiring new public safety facilities and equipment. This proposition, if approved, will authorize the City to acquire additional police vehicles, fire trucks, apparatus and equipment; to acquire land, construct, remodel and equip new fire, police and court facilities; to incur indebtedness and issue no more than $12,979,000 of general obligation bonds maturing within 25 years to pay the costs thereof; and to levy annual excess property taxes to pay such bonds, as provided in Resolution No.__ Should this proposition be: Public Safety Bond .3 APPROVED .......... REJECTED .......... The City Clerk is hereby authorized to deliver a certified copy of this resolution to the Kitsap County Auditor. SECTION 5. Savarahili~ If any one or more of the provisions of this resolution shall be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining provisions of this resolution, the Bonds or any short-term obligations issued in anticipation thereof, and this resolution, the Bonds and any short-term obligations issued in anticipation thereof shall be construed and enforced as if such unconstitutional or invalid provisions had not been contained herein. ,gECTION 6. Ef£activa Date This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk Public Safety Bond PUBLIC SAFETY BOND ISSUE PROJECT SUMMARY FACT SHEET Police Department A. Provide new Public Safety Building to house the Police Department and Municipal Court -Purchase of US Bank Building 1,200,000 -Remodel &building 3,900,000 -Equipment for building 500,000 B. Purchase of $ new patrol cars. Increase the City's current fleet of patrol cars. -Purchase and equipment of 5 cars 250,000 C. Special Operations Facility - remodel an existing City building to house 250,000 the Police Dept. undercover Special Operations Group. Fire Department A. Replace 70 year old downtown Fire Station #1 -Construction of new station 3,800,000 B. Purchase of three new fire trucks; one for each station to replace 20 year old tracks. ($450,000 each) 1,350,000 C. Purchase new ladder track to replace the 30 year old ladder track 800,000 D. Upgrade Fire Department equipment 829,000 TOTAL BOND ISSUE Cost to Homeowner If approved by the citizens of Bremerton, the $12.979 million public safety bond will be issued in 2003. For the individual homeowner whose property is valued at $100,000, this equates to $4.90 per month in ~-003 property taxes decreasing to $2.74 per month in 2027. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution to enact a FOR AGENDA OF: July 24, 2002 moratorium on applications for DEPT. OF ORIGIN: DCD off premises signs in the City of ORIGINATOR: Chris Hu.qo,Dire(~/~ Bremerton for a period of six DATE SUBMITTED: July 11,2002 (6) months,~'o allow time to study the issues and impacts associated with those signs and enacting any appropriate policies or ordinances_.~. Public hearing to be held on resolution within 60 days. 2. CLEARANCES: (comment on back if necessary/ 3. EXHIBITS: DCD DirectorC~::k / ~c,~~ Resolution ~itty ~teOr~,n.. e~.'~// ,~' Staff Report Y : .~C//~~ // / Fiscal & Budge'( Council Comm.: Operations CCmm.: , _./4¢<2~.~~.--~ "/ APPRO/V~) BY~NCIL PRESIDENT FOR SUBMITTAL: MAYO~~~"'"'-~ COUNCIL PRESIDENT ~::~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There are no provisions in the code for off premises signs, defined as signs that advertise a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located. There is a need for an off premises signs ordinance to protect the public's interest in maintaining the aesthetics of the community, because in many cases these types of signs contribute to visual clutter. The proposed moratorium will provide up to six (6) months to conduct a public process to create the necessary siting and design standards. 5. RECOMMENDATION: Move to pass the resolution, with public hearing scheduled for 6. RESPONSIBLE OFFICIAL: Christopher R. Huqo ENFORCEMENT OFFICIAL: Christopher R. Huqo EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO: 9. CLEARANCE COMMENTS 10. IMPACT ON NON-PASSAGE: If the proposed resolution is not passed, the City will continue to receive applications that it has very little regulatory criteria with which to evaluate, and those applications may result in land uses that have undesirable impacts on public health, safety and welfare. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The proposed resolution will create no operational changes for the City. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance Revised Code of Washington Washington Administrative Code RESOLUTION NO. ~ ~(~ q A RESOLUTION of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for and the issuance of any building, land use, or development permit or approval for off-premises signs within the City of Bremerton.. WHEREAS, the City Council is currently reviewing its policies under the zoning code with regard to the zoning and placement of off-premises signs in the City of Bremerton identified herein as signs that contain a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road directional signs and includes the sign face(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached (hereinafter "off-premises signs"); and WHEREAS, a number of off-premises signs are currently located in the City of Bremerton and there is a possibility that the City could, in the near future, receive more applications for off-premises signs that would significantly increase the number of such signs located within the City; and WHEREAS, the City Council is concerned about the potential impacts that such signs may create that would be detrimental to public health, safety, and general welfare of the citizens of the City of Bremerton; and WHEREAS, the Bremerton Municipal Code does not contain regulations to adequately address the various impacts that off-premises signs present and the protection of the public health, safety, and general welfare would be jeopardized by the continued establishment of such signs prior to a review of the matter and possible adoption of new regulations by the City Council; and Off-Premises Signs Moratorium WHEREAS, the citizens of Bremerton would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economic, hazards to traffic, and aesthetic impacts these signs impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs time to review existing information on the affects of these signs and to review the Bremerton Municipal Code in a comprehensive fashion to determine whether it sufficiently addresses the impacts of such uses; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for issuance of any building, land use, or development permit or approval under the Bremerton Municipal Code for off-premises signs until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and WHEREAS, the Bremerton City Council understands that communication displayed by off-premises signs may be protected by the First Amendment of the U.S. Constitution and/or Article I, Section 5 of the Washington State Constitution; and WHEREAS, the Bremerton City Council does not intend by this resolution to impermissibly infringe upon any protected free speech rights; and WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determine whether any additional, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible restrictions to regulate such uses; NOW THEREFORE, 2 Off-Premises Signs Moratorium THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein SECTION 2. Moratorium. Due to the findings set forth herein and as authorized pursuant to RCW 35A.63.220, the Bremerton City Council does hereby declare a moratorium upon the acceptance of applications for and the issuance of any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to construct, install, or relocate any off-premises signs as described in the recitals of this resolution. SECTION 3. Duration. The moratorium established herein is established for a period of six months from the effective date of this resolution or until the effective date of any ordinances establishing new regulations governing off-premises signs, whichever is sooner, and during said moratorium, no building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use as identified in the Bremerton zoning code. SECTION 4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or canceling the moratorium. SECTION 5. Severabilirv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 3 Off-Premises Signs Moratorium SECTION 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:\LEGALX~Resolutions\Off-Premises Signs Moritorium.doc 4 Off-Premises Signs 34oratorium DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT PROPOSAL: Proposed moratorium on the acceptance of applications for and the issuance of any building, land use, or development permit or approval for off-premises signs within the City of Bremerton. DATE OF REPORT: July 16, 2002 APPLICANT: City of Bremerton Community Development Department CONTACT: Chris Hugo, Director Jim Svensson, Development Manager 478-7986 LOCATION OF PROPOSAL: This proposal applies to all City of Bremerton lands. BACKGROUND: The Community Development Department has no guidelines for off-premises signs. Staff anticipates that more applications will be received as Bremerton continues to develop. SEPA STATUS: Per WAC 197-11-880, emergency actions are exempt from SEPA review. The Bremerton Community Development Department has the authority to make a determination about whether a proposal is exempt under BMC 21.12.100. FINDINGS OF FACT: 1. The Comprehensive Plan offers no guidance on urban design, so the current sign code is not grounded in specific policies from the Comprehensive Plan. 2. Since the Comprehensive Plan gives no guidance on signage, the City of Bremerton derives its authority to regulate the type, size, illumination and other characteristics of signs from the home rule doctrine that gives cities the right to regulate for the public health, safety, and welfare. Community aesthetics has been construed to be a facet of the public health, safety and welfare. Page 1 of }. 3. The Community Development Department and the City Engineer are concerned that unchecked development of off-premises signs, including billboards, will add to the visual clutter of many City corridors. Illuminated signs may contribute to traffic slowdowns and even be a traffic hazard. 4. The Bremerton Planning Commission held a study session on possible additions to the Zoning Ordinance on February 12, 2001. One of the topics the Planning Commission discussed was the need for an off-premises sign ordinance. 5. RCW 36.70A.390 authorizes cities to enact a moratorium, an interim zoning map, an interim zoning ordinance, or interim official control without holding a public hearing until afterward. 6. RCW 35.99.050 also endorses temporary moratoria on telecommunications facility development applications. 7. Washington State's vested right doctrine, which allows many land use applications to vest to land use regulations which are in effect early in the application process, could enable applications for off-premises signs to vest in inadequate regulations while the City studies the changes needed in those regulations, undermining effective City planning for these facilities and defeating the general purpose of a moratorium. CONCLUSIONS: 1. There is sufficient legislative justification for instituting a temporary moratorium on applications for permits for off-premises signs. 2. A moratorium on allowing applications for off-premises signs would give the City of Bremerton enough time to research the types of regulations and policies that would be appropriate for such signage. 3. The proposed resolution promotes the public interest of keeping the City's urban fabric protected from further development without benefit of defined off-premises sign regulations. The proposed resolution poses no adverse impacts to the community. RECOMMENDATION: Based upon the background, findings of fact, and conclusions articulated above, it is recommended that the proposed resolution be approved. Page 2 of ~ NOTICE OF INFORMAL MEETING/STUDY SESSION Bremerton Planning Commission Pursuant to BMC 21.02.880(a)(3) The Bremerton Planning Commission will hold a study session to receive information and have an informal discussion on the following items during an informal meeting to be held on Monday, February 12, 2001, which wilI begin at 5:30 p.m. in the City Council Chambers of the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington. 1. Adaptive Reuse or Conversion of existing buildings and structures; 2. Wireless Communication Facilities - Site Development Standards; 3. Averaging Structure Setback Lines; 4. Downtown Bremerton Land Use Code Update; 5. Concept Map - City-wide Comprehensive Plan Map Amendment Update, and 6. Off-premise Advertising. Please note: This is not a Public Hearing. No testimony will be heard and no actions or decisions will be taken or be made by ~ae Planning Commission at this ix~formal meeting. All interested persons are invited to attend. Please call the Department of building and Planning at 360- 478-5275 for additional information. Publication Date: Thursday, February 8, 2001 The Sun WORKSHOP ON COMPREHENSIVE PLAN POLICY ADDITIONS, 211 2101 RETENTION OF PUBLIC AND SEMI-PUBLIC BUILDINGS Background: Public and semi-public buildincjs are a part, of every urban environment. Some of them, such as schools, libraries, churches, and fire stations, are a part of every urban neighborhood. They exist in these locations because they provide access to needs normally associated with daily life for individuals and families. · As urban areas mature, some of these facilities no longer are needed for their original primary use due to ct~anging lifestyles, new technologies, different demographics, or other factors. · In many cases, the buildings that house these obsolete uses are structurally sound and represent good opportunities for reuse. · Reuses that create operational impacts that are no greater to the surrounding neighbornood than the original use offer new economic life to the structure(s) and preserve resources and the existing neighborhood fabric. Sample Policy: Promote the reuse of out~lic and semi-public bu#dings that are no /onger needed to serve their original primary purpose, provided that any new use is consistent with the surrounding planned environment. Sample implementing regulations: See Spokane;s Approach to Ada/ofive ~euse. attached. WIRELESS COMMUNICATION TOWER F,&C1LITIES Background: · The increasing use of cellular telephones, new wireless telecommunications and increased Federal licensing of communication channels has created a significant increase in the number of applications for land use permits for siting facilities necessary for wireless services communication. · The demand to add additional communication facilities of this nature is expected to continue indefinitely. · The land use regulations currently in effect in the City do not provide sufficient definitive criteria with which the City can address the concerns of City residents and properly evaluate and condition the siting of wireless telecommunications facilities. Sample Policy: Insure *,hat the siting and design of wireless communication tower facilities meet the needs of service providers and are consistent with the surrounding environment and with visual qualities that minimize impacts to adjacent properties and public views. Sample implementing regulations: See Pierce County and Spokane regulations, attached. CONTROL OF OFF-PREMISE ADVERTISING Background: · Visual quality of the urban environment is one of the distinguishing characteristics of communities. The reputation of some cities is based largely on their good or bad visual image. · Because of its scale or location, off-premise advertising can be among the biggest contributors to negative imagery. This advertising, whether on the large- scale structures commonly called "billboards" or on small reader boards along neighborhood streets, detracts from the surrounding setting and distracts the attention of motorists. · Off-premise advertising is not related to identification of the adjoining business use so does not share that public value of on-premise signs. · in all locations, the large size of billboard advertising dominates the immediate v~suat environment as well as reduces the effectiveness of adjacent on-premise business signs. · Small off-premise signs, including bus bench signs and others within the public rigiqt-of-way? add visual clutter to streetscapes in all environments and are particularly intrusive in residential settings. · Signboards placed "temporarily" at the street edge often encroach on the s~dewalk and impede the safe movementof pedestrians. · 'Fo avoid extreme financial hardship to owners of existing billboard structures, eventual elimination can be achieved by amortization. Policy: Eliminate afl off-premiSe advertising in city neighbomoads and districts to promote ,bigl~ visual quality and safety in the community. Sample implementing regulations: There are various responses to this type of policy in other communities. The staff will research successful amortization programs if the policy is proposed for adoption. AVERAGING OF FRONT YARD SETBACK FOR INFtLI, Background: · A substantial number of structures and buildings in Bremerton have been constructed prior to the inaction and implementation of current laws and regulations pertaining to setback standards and now exist as non-conforming uses, · In many cases, setback standards were not an issue as available land was developed and neighborhoods began to take on identities as a result of rules and regulations (or a lack thereof) in place prior to the current regulatory measures. Sample Policy: Promote In-character, urban/nfl# development and efficient use of land by allowing the front yard setback of new development to reflect the established setbacks of existing adjacent, structures. Sample Implementing Regulations: Averaging may be used to reduce a front yard setback requirement when a principal building has been established on an adjacent lot within the required front yard setback. All principal buildings shall be located as to maintain the minimum structure setback line. Averaging structure setback lines shall be determined as follows: !1 ) No Adiacent Principal Buildings. Where there are no adjacent principal buildings, the structure setback line shall be that setback specified elsewhere in this zoning ordinance. (2) Adjacent Principal Building on One Side. Where there is an adjacent principal building on one side, the structure setback line s~all be a distance no less than that of an adjacent principal building to the property fine or that setback specified elsewhere in this zoning ordinance. (3t Adjacent Principal Buildings on Both Sides of a Regular Property Line. Where there are adjacent principal buildings on both sides of a proposed structure, on a regular property lines (perpendicular to one another), the setback line shall be determined by a line drawn between the building line of the adjacent principal buildings or the setback specified elsewhere in this zoning ordinance, whicl~ever is greater. Adjacent Principal Buildings on Both Sides of an Irregular Property Line. Where there are adjacent principal structures on both sides of a proposed structure on an irregular property line (not perpendicular to one another), the setback line shall be determined by averaging the setback lines of the two adjacent principal buildings or the setback specified elsewhere in this zoning ordinance, whichever is greater. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution to enact a FOR AGENDA OF: July 24, 2002 moratorium on applications for DEPT. OF ORIGIN: DCD wireless communications facilities in the ORIGINATOR: Chris Hugo,Dire City of Bremerton for a period of six DATE SUBMITTED: July 11,2002 (6) months, Public hearing to be held on resolution within 60 days. 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: DCD Director: City Attorney: /~~ Staff Report City Clerk: Fiscal & audge'~r'/,~'oU~cil Comm.:~r~ Operations Co~m.: MAYO~OUNC'L PRES'DENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Staff has received several applications for wireless communications facilities (towers, antennae) this year. More applications are anticipated. Because them is very little language in the Comprehensive Plan and no standards in the Zoning Code to guide the permitting and siting of wireless facilities, it is difficult to regulate these facilities in a consistent manner. In addition, applications that are handled administratively in other jurisdictions must be handled as Special Use Permits in Bremerton due to the City's lack of detailed regulations. There is a need for a wireless communication facilities ordinance, both to give applicants some predictability in the permitting process, and to protect the public's interest in maintaining the aesthetics of the community, because in many cases the public feels that these facilities are unsightly. The proposed moratorium will provide up to six (6) months to conduct a public process to create the necessary siting and design standards. 5. RECOMMENDATION:.~ 2.~ ~" Move to pass the resolution~with public hearing scheduled 6. RESPONSIBLE OFFICIAL: Christopher R. Huqo ENFORCEMENT OFFICIAL: Christopher R. Huqo EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO: 9. CLEARANCE COMMENTS 10. IMPACT ON NON-PASSAGE: If the proposed resolution is not passed, the City will continue to receive applications that it has very little regulatory criteria with which to evaluate, and those applications may result in land uses that have undesirable impacts on public health, safety and welfare. 11. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The proposed resolution will create no operational changes for the City. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance Revised Code of Washington Washington Administrative Code A RESOLUTION of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for the purpose of siting and/or development of wireless communication facilities within the City of Bremerton. WHEREAS, the Federal Telecommunications Act of 1996 (Pub. L. No. 104-104, 110 stat. 56, 31-136, hereinafter the "Act") was designed to remove regulatory barriers and encourage competition among all types of communication companies; and WHEREAS, the Act ratifies the authority of local governments to regulate telecommunications services and carriers, but also limits local government's authority in certain respects; and WHEREAS, the City Council is currently reviewing its policies with regard to the zoning and placement of wireless communication facilities as defined in RCW 35.99.010 (hereinafter "wireless communication facilities" or "facilities") in the City of Bremerton; and WHEREAS, the City is facing an increasing number of applications for construction of wireless telecommunication facilities within the City and the City has not yet adopted a comprehensive telecommunications siting and design ordinance; and WHEREAS, the City must adopt ordinances, policies or plans for dealing with the inflow of telecommunication facilities to the City that will potentially deal with issues relating to the siting and development of these facilities, including, but not limited to, the following: · Zoning · Clustering of facilities · Collocation, development standards, visual impact mitigation, noise, tower construction; and 1 WCF Moratorium WHEREAS, in order to properly adopt the policies, plans and an ordinance to deal with these facilities the City must have a period of time within which to research its options and prepare an ordinance without the influx of new applications; and WHEREAS, since the City does not currently have sufficient regulations to properly regulate the siting and development of wireless telecommunication facilities, the enactment of a moratorium on processing applications prior to holding a public heating is necessary to protect the public health and welfare of the community: and WHEREAS, because the Bremerton Municipal Code does not adequately address the various impacts that wireless communications facility uses present, and the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter and possible adoption of new regulations by the City Council; and WHEREAS, the citizens of Bremerton would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics these facilities impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs time to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what necessary code revisions are necessary to addresses the impacts of such uses; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for the purpose of siting and/or development of wireless communication facilities within the city of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and 2 WCF Moratorium WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a public heating is held within sixty (60) days of adoption; and WHEREAS, a moratorium of the zoning and placement of wireless communication facilities is subject to the limitations of RCW 35.99.050; and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible regulations to regulate such uses; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Moratorium. Due to the findings set forth herein and as authorized pursuant and subject to RCW 35.63.200 and RCW 35.99.050, the Bremerton City Council does hereby declare a moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop, install, or relocate any wireless communication facility within the City of Bremerton. SECTION 3. Duration. The moratorium established herein is established for a period of six months from the effective date of this resolution or until the effective date of any ordinances establishing new regulations governing wireless communication facilities, whichever is sooner, and during said moratorium, no building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton. 3 WCF Moratorium SECTION4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or canceling the moratorium. SECTION 5. Severabilit¥. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ., 2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attomey KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL\Resolutions\WCF moratorum2.doc 4 WCF ,~loratorium DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT PROPOSAL: Proposed moratorium on the acceptance of applications for any building, land use, or development permit or approval for the purpose of siting and/or development of wireless communication facilities within the City of Bremerton. DATE OF REPORT: July 16, 2002 APPLICANT: City of Bremerton Community Development Department CONTACT: Chris Hugo, Director Jim Svensson, Development Manager 478-7986 LOCATION OF PROPOSAL: This proposal applies to all City of Bremerton lands. BACKGROUND: The Community Development Department has held public hearings on three cellular tower applications this year. One more is currently scheduled. Staff has received several applications for mounting antennae on existing wireless communications support structures. Staff anticipates that more applications will be received as Bremerton continues to develop. However, there are no guidelines by which to judge applications for such facilities in the Bremerton Zoning Ordinance, and only limited guidance from the Bremerton Comprehensive Plan. SEPA STATUS: Per WAC 197-11-880, emergency actions are exempt from SEPA review. The Bremerton Community Development Department has the authority to make a determination about whether a proposal is exempt under BMC 21.12.100. Page I of 3 FINDINGS OF FACT: 1. The Comprehensive Plan offers little substantive guidance for the siting and regulation of wireless communications facilities; however, there are some general principles in the Utilities Element. Pages 4-6 of the Utilities Element lists the ways that wireless communications facilities can achieve consistency with the Comprehensive Plan. First, staff should encourage siting of antennas and towers in industrial or commercially designated areas and near transportation and utility corridors. Second, shared sites and collocation should be encouraged to minimize the need for new towers. Third, visual impacts on view corridors, vistas and adjacent properties should be regulated on a case-by-case basis. 2. There are no provisions in the Bremerton Zoning Ordinance that implement the Comprehensive Plan's direction to direct wireless facilities to industrial or commercial areas. 3. There are no provisions in the Bremerton Zoning Ordinance that implement the Comprehensive Plan's direction to use collocation and shared sites. 4. There is no discussion in the Comprehensive Plan of clustering wireless communications support structures in certain places in Bremerton. 5. Regulating visual impacts on view corridors, vistas, and adjacent properties on a case-by-case basis has been the means to control the height and placement of wireless facilities. Case by case regulation, rather than explicit guidelines, causes uncertainty for developers and opens the City to charges that visual impacts are not regulated equally. 6. The Comprehensive Plan policies were drafted seven years ago. At that time, there were only two cellular service providers in Bremerton, in addition to the presence of Cencom. Now there are at least five wireless service providers. 7. The City has historically leased property on Gold Mountain for wireless communications facilities, and staff expects that the City will continue with that. However, the Comprehensive Plan and/or the Zoning Ordinance has not expressly designated the watershed lands as appropriate for wireless communications facilities. 8. The Bremerton Planning Commission held a study session on possible code additions on February 12, 2001. One of the topics discussed was the need for a wireless communications facility ordinance. 9. RCW 35A.63.220 allows code cities to implement temporary moratoria in order to study land use situations and enact regulations that will protect the public health, safety and welfare. 10. RCW 36.70A.390 authorizes cities to enact a moratorium, an interim zoning map, an interim zoning ordinance, or interim official control without holding a public hearing until afterward. 11. RCW 35.99.050 also endorses temporary moratoria on telecommunications facility development applications. 12. Washington State's vested right doctrine, which allows many land use applications to vest to land use regulations which are in effect early in the application process, could enable applications for wireless Page 2 of 3 telecommunications facilities to vest in inadequate regulations while the City studies the changes needed in those regulations, undermining effective City planning for these facilities and defeating the general purpose of a moratorium. CONCLUSIONS: 1. There is sufficient legislative justification for instituting a temporary moratorium on applications for permits for wireless telecommunications facilities. 2. A moratorium on allowing applications for wireless facilities would give the City of Bremerton enough time to research the types of regulations and policies that would be appropriate for wireless telecommunications facilities. 3. The proposed resolution promotes the public interest of keeping the City's viewsheds and view corridors protected from further development without benefit of defined wireless regulations. The proposed resolution poses no adverse impacts to the community. RE COMMENDATION: Based upon the background, findings of fact, and conclusions articulated above, it is recommended that the proposed resolution be approved. Page 3 of 3 NOTICE OF INFORMAI, MEETING/STUDY SESSION Bremerton Planning Commission Pursuant to BMC 21.02.880(a)(3) The Bremerton Planning Commission will hold a study session to receive information and have an informal discussion on the following items during an informal meeting to be held on Monday, February 12, 2001, which will begin at 5:30 p.m. in the City Council Chambers of the Bremerton City ltall, 239 Fourth Street, Bremerton, Washington. 1. Adaptive Reuse or Conversion of existing buildings and structures; 2. Wireless Communication Facilities - Site Development Standards; 3. Averaging Structure Setback Lines; 4. Downtown Bremerton Land Use Code Update; 5. Concept Map - City-wide Comprehensive Plan Map Amendment Update, and 6. Off-premise Advertising. Please note: This is not a Public Hearing. No testimony will be heard and no actions or decisions will be taken or be made by the Planning Commission at this informal meeting. All interested persons are invited to attend. Please call the Department of building and Planning at 360- 478-5275 for additional information. Publication Date: Thursday, February 8, 2001 The Sun WORKSHOP ON COMPREHENS!VE PLAN POLICY AOOITIONS, 2112101 RETENTION OF PUBLIC AND SEMI-PUBLIC BUILDINGS Background: · Public and semi-public buildings are a part of every urban environment. Some of them, such as schools, libraries, churches, and fire stations, are a part of every urban neighborhood. They exist in these locations because they provide access to needs normally associated with daily life for individuals and families. As urban areas mature, some of these facilities no longer are needed for their original primary use due to changing lifestyles, new technologies, different demographics, or other factors. · In many cases, the buildings that house these obsolete uses are structurally sound and represent good opportunities for reuse. · Reuses that create operational impacts that are no greater to the surrounding neighborhood than the original use offer new economic life to the structure(s) and preserve resources and the existing neighborhood fabric. Sample Policy: Promote the reuse of ¢ubiic and semi-public buildings that are no longer needed to serve their original primary purpose, provided that any new use is consistent with the surrounding planned environment. Sample implementing regulations: See Spokane's Acproach ¢o Adaptive .Reuse. attached. WIRELESS COMMUNICATION TOWER FACILITIES Background: · The increasing use of cellular telephones, new wireless telecommunications and increased Federal licensing of communication channels has created a significant increase in the number of applications for land use permits for siting facilities necessary for wireless services communication. · The demand to add additional communication facilities of this nature is expected to continue indefinitely. · The land use regulations currently in effect in the City do not provide sufficient definitive criteria with which the City can address the concerns of City residents and properly evaluate and condition the siting of wireless telecommunications facilities. Sample Policy: Insure that the siting and design of wireless communication tower facilities meet the needs of service providers and are consistent with the surrounding environment and with visual qualities that minimize impacts to adjacent properties and public views. Sample implementing regulations: See Pierce County and Spokane regulations, attached. CONTROL OF OFF-PREMISE ADVERTISING Background: · Visual quality of the urban environment is one of the distinguishing characteristics of communities. The reputation of some cities is based largely on t~eir good or bad visual image. · Because of its scale or location, off-premise advertising can be among the biggest contributors to negative imagery. This advertising, whether on the large- scale structures commonly called "billboards" or on small reader boards along neighborhood streets, detracts from the surrounding setting and distracts the attention of motorists. · Off-,oremise advertising is not related to identification of the adjoining business use so does not share that public value of on-premise signs. · In all iocations, the large size of billboard advertising dominates the immediate visual environment as we~t as reduces the effectiveness of acljacent on-premise ~usiness signs. Small off-~remise signs, including bus bench signs and others within the pul~lic right-of-way, adcl visual clutter to streetscapes in all environments and are ,oarticuiady intrusive in residential settings. · Signboards ,olaced "temporarily" at the street edge often encroach on the sidewalk and impede the safe movement-of peclestrians. · ¥o avoid extreme financial hardship to owners of existing billboard structures, eventual elimination can be achieved by amortization. Policy: EJiminate all off-premise advertising in C/ty neighbomoods and districts to promote high Wsuat quality and safety in the communiP/. Sample implementing regulations: There are various responses to this type of policy in other communities. The staff will research successful amortization programs if the policy is proposed for adoption. AVERAGING OF FRONT YARD SETBACK FOR INFtLL Background: · A substantial number of structures and buildings in Bremerton have been constructed prior to the inaction and implementation of current laws and regulations pertaining to setback standards and now exist as non. conforming uses, · In many cases, setback standards were not an issue as available land was developed and neighborhoods began to take on identities as a result of rules and regulations (or a lack thereof) in place prior to the current regulatory measures. Sample Policy: Promote/n-character, urban/nfl# development and efficient use of land by allowing the front yard setback of new development to reflect the established setbacks of existing adjacent structures. Sample Implementing Regulations: Averaging may be used to reduce a front yard setback requirement when a principal building has been established on an adjacent lot within the required front yard setback. All principal buildings shall be located as to maintain the minimum structure setback line. Averaging structure setback lines shall be determined as follows: (1) No Adjacent Principal Buildings. Where there are no adjacent principal buildings, the structure setback line shall be that setback specified elsewhere in this zoning ordinance. (2) Adjacent Principal Building on One Side. Where there is an adjacent principal building on one side, the structure setback line shall be a distance no less than that of an adjacent principal building to the property line or ~hat setback specified elsewhere in this zoning ordinance. (3'~ Adjacent Principal Buildings on Both Sides of a Regular Property Line. Where there are adjacent principal buildings on both sides of a proposed structure, on a regular property lines (perpendicular to one another), the setback line shall be determined by a line drawn between the building line of the adjacent principal buildings or the setback specified elsewhere in [his zoning ordinance, whichever is greater. Adjacent Principal Buildings on Both Sides of an Irregular Property Line. Where there are adjacent principal structures on both sides of a proposed structure on an irregular property line (not perpendicular to one another), the setback line shall be determined by averaging the setback lines of the two adjacent principal buildings or the setback specified elsewhere in this zoning ordinance, whichever is greater.