HomeMy WebLinkAbout02/26/97
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CITY COUNCIL MEETING MINUTES
FEBRUARY 26, 1997
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, February 26, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees,
Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al
Colvin. Also present were City Attorney Ian Sievers and Acting
City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Talmage Wilson of
the Charleston Baptist Church.
President Farr made the following announcements:
(1) Immediately prior to Council tonight, an Executive Session was
held to discuss "Potential Litigation".
(2) Council will hold a Study Session on March 5, 1997, 4:45 -
5;25 P.M., in the Council Conference Room. Topic of
discussion will be "Sinclair Landing Project Update".
(3) Council will hold a Study Session on March 19, 1997,
immediately following the Council meeting in the Council
Conference Room. Topic to be discussed: "Planning
Commission's Role".
CONSENT AGENDA
A. Minutes of Meeting -- February 12, 1997 #AB97-038
#0039 M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as
presented.
CLAIMS/CHECK REGISTER8
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.
#0062 M/S/C/U(Colvin/Montgomery) on February 26, 1997, the Council does
approve for payment those vouchers included and further described
as follows: EFT-4111, 206201 through 206333, 206334 in the amount
of $233,296.63; and Retirees' payroll for the period ending
February 28, 1997, in the amount of $109,381.62.
COUNCIL MEMBER REPORTS
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Mr. Winters congratulated the members of his Westgate Pee Wee team
on their taking 5th place. On February 24 he held the first
Telecommunications meeting. He and Council members David Farr and
Carlos Montgomery attended a workshop on Telecommunications on
February 24, where he obtained lots of information that can be
applied to the City. He thanked The Sun and Bonnie Loop for a fair
and accurate statement regarding the public's concerns.
Mr. Montgomery reported on February 14 he had the opportunity to
ride on a new prototype passenger-only ferry between Bremerton and
Seattle. He was impressed with the low noise and reduced wake
produced by this boat. He is hopeful Bremerton will get its second
passenger-only ferry in the not too distant future.
Mrs. Huff-Menees pointed out the prototype passenger-only ferry
was brought to this area from Vallejo, California, for test runs in
the Sound. THE SUN ran a nice article reporting on that event, but
omitted the fact that a local engineering firm, Art Anderson &
Associates, was involved in the development of that ferry, which
received a lot of rave reviews. She felt it was important to take
pride in the fact that a local firm had some involvement in the
design of that ferry.
Mr. Neville extended a "speedy recovery and best wishes" to Pat
Westhoff, who is in Harrison Hospital.
Mr. Overson expressed his appreciation to the Swing City Committee
for their beautification project placing flower barrels around the
City. He asked the public's cooperation to leave the flower
barrels where they are placed.
Mr. McConnell reported he attended the AWC Legislative Session
February 19-20, which he found to be very informative.
Mr. Colvin thanked all who participated at the February20 District
#1 Neighborhood Meeting. The main topics of discussion at that
meeting were "Parking" and "Scotch Broom Replacement,,. He came to
the conclusion that no matter what decisions are made, everyone
will not be satisfied. He will appeal to the Mayor to permit
citizens to try and solve the planting replacements for the Scotch
broom that was removed. And, he will be seeking individuals
interested in making financial pledges towards that project. He
also attended the AWC Legislative Conference in Olympia on February
19-20, where he learned a lot about fiber optics.
Mr. Farr reported he also attended the AWC Legislative Conference,
where members of the Council had the opportunity to meet with local
Legislators, who are working hard for their constituency regardless
of their political party affiliation. One theme that kept coming
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up by the various Committee chairmen, was the impact of decreases
in social service funding, and what to be aware of and look out
for.
MAYOR'S REPORT
Mayor Lynn Morton reminded members of the public that the Navy is
seeking comments pertaining to the homeporting of a third carrier
in Bremerton. Written comments are to be mailed to Mr. Daniel
Muslin (Code 03PL), Southwest division Naval Facilities Engineering
command, 1220 Pacific Highway, San Diego, CA 92132-5190. Letters
should be postmarked no later than February 27, 1997. She will be
submitting written comments from the City on this issue.
In regard to comments made by pastor Danny Allen regarding
Westsound Cable Access Television at the previous Council meeting,
she met with one of the Cable Access Board members and Doyle
Detroit. During their discussion, it was suggested that Westsound
take a step back and schedule a Study Session with the Council to
review their expectations and goals for public access in the short
and long term for the City and County. Following that discussion,
she would then bring the proposed contract with Westsound back
before Council for their consideration. She also encouraged
Westsound to set up a similar Study Session with the Kitsap County
officials. President Farr stated today he was contacted by
Westsound, and a Study Session will be set up in 2-3 weeks.
PUBLIC RECOGNITION
Charles Brown, Bremerton resident, reported on February 24 at 4:00
A.M., he was awakened by what sounded like a parking lot sweeper;
however he did not make the effort of traveling 4-5 blocks to K-
Mart to see the source of the noise. On February 25 he received a
copy of the Court's decision concerning the lawsuit brought by the
City of Bremerton against Mr. Sandifur involving noise nuisance
from parking lot sweepers. According to the documentation, the
City lost the lawsuit due to statements made by City employees.
Mr. Brown posed two questions to the City Attorney and Mayor, 1)
Does this end the matter?, and 2) Is there anything more that can
be done to rid his neighborhood of the noise nuisance so that he
can get a good nights sleep? He pointed out that he could do
something if his neighbor mowed his grass at 4:00 A.M.
Shannon Bell, Bremerton resident, thanked all the volunteers for
their help at the Tournament For Special Olympics held on February
22.
Don Atkinson, KITZ, made the following announcements:
(1) Bremerton Central Lions Club Radiothon will be held on February
28, starting at 9:00 A.M.
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(2) The first annual Senior Fair will be held March 1-3, at the
Kitsap Mall.
President Farr announced Agenda Items 7A and 7B had been pulled off
the Agenda.
7C - RENEW ONE-YEAR KITSAP FAMILY YMCA MEMBERSHIP FOR ALL OUALIFIED
CITY EMPLOYEES AND OFFICIALS, #AB97-041
In February 1996, City Council approved an agreement with the
Kitsap Family YMCA to provide a health/fitness program. This
program was to assist, motivate, and support employees in the
improvement of their well-being. The Wellness Committee believes
this program has been successful in improving City employees'
morale, increasing energy, and decreasing stress levels. In some
cases, job performances has been enhanced.
Ordinance No. 4514 allows expenditures from the Employee Medical
Insurance Reserve Fund for employee wellhess programs, subject to
the budgetary authorization of the City Council.
Barbara Forbes, Human Resources Specialist, reviewed the following
questions that were included in a Wellhess Committee survey of
employees participating in this program:
(1) As a regular participant, how have you benefitted from this
program? Responses: overall stress level has decreased, stronger,
more stamina, better attitude.
(2) Has your health improved overall? If yes, briefly describe
how. Responses: no more back aches, more energy, lost weight,
lowered cholesterol, last year my health was exceptionally well.
(3) Has stress in your life been relieved to some degree as a
regular participant? Responses: 69-yes, 1-no, 2-some and 2-had
none.
(4) Have you found yourself to be more productive or energetic due
to this program? Responses: 73-yes, 1-no.
(5) Optional question - lost weight. Responses: 49-yes, 18-no, 7-
no response.
The survey also included a section for personal comments or
suggestions as to whether or not the employees wanted to continue
this program. Responses received included: (1) This by far is the
best benefit the City has offered the employees, even over pay
increases. (2) When a person feels good his/her attitude is
reflected in job performance, relations with the public, and fellow
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employees, etc. (3) It is a wonderful facility with a friendly
staff, the entire family enjoys using the YMCA. (4) This is an
excellent program, City personnel meet at the "Y" and work-related
discussions are not uncommon. (5) I think it is great that the City
cared enough about its employees to offer a program such as this.
Keep up the good work, it is greatly appreciated.
Mrs. Forbes stated statistics were kept, by Department, as to the
number of employees participating, and the number of visits per
month. Over the past 11 months, an average of 148 employees
participated in the program per month.
Richard Bow, owner of the Bremerton Health & Racket Club, stated
his health club is the largest, most complete, and most
professional facility in Kitsap County. He spoke before Council a
year ago when this issue first came up and urged Council to offer
a program whereby people could participate in health/exercise
programs of their choice and not limit it just to the YMCA. In his
opinion, the Council had already made their decision prior to it
coming before the public at that Council meeting. This year, he
hoped Council had more open minds and would take into consideration
some of the things he brought up last year. According to his
calculations, approximately 70-80 City employees participate in
this program at a cost of $30,000. He was skeptical about Mrs.
Forbes's statement that 148 employees participated during the past
11 months. He has had City employees that use the "Y" come to his
health club for professional testing because the "Y" does not have
nationally certified staff. He believes the only way to get more
employees to participate in a fitness program is to offer them the
opportunity to go to a program that is located close to their
residence...let the money follow the employee. He urged Council to
revisit this issue and get the correct statistics before making a
decision rather than "rubber stamping" another year. He is a
taxpayer and essentially the money being spent on this program
comes from the taxpayers.
John Thomas, Bremerton resident, stated it was his understanding
the money spent for this program is not City funds, but bargaining
unit negotiated funds and those bargaining units decided to go to
the YMCA.
Elizabeth Buell, Bremerton resident, stated she does not understand
why all City employees do not participate in this program, if the
City is paying $30,000. She supported the idea of paying for those
who wished to participate and let them choose the program/facility.
Charles Brown, Bremerton resident, suggested using some kind of
receipting and reimbursement system for those City employees
wanting to participate in a fitness program.
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Mrs. Forbes emphasized the overall consensus in 1996 was the
majority of the employees want to use the YMCA facility. The idea
of reimbursing employees on a receipting system was reviewed;
however, it was determined the cost to administer such a process
would not be cost effective. A cost analysis was conducted, and
the result revealed the City is getting its moneys worth. She
emphasized at the end of 11 months, not one person has requested
the Wellness Committee to consider the use of some other fitness
facility.
Roy McInnis, Bremerton resident, asked if the City employees were
given an option to select some other facility other than the YMCA
prior to limiting it to one specific place?
Mr. Bow stated no option was given when the contract was awarded a
year ago. To his knowledge, the money used to run the City comes
from tax dollars in some manner; therefore he views the dollars
used for this program as being tax generated. He believes the YMCA
should be providing a list of those participating at no cost to the
City. In his opinion, the Council are fools to fund the program in
its current structure. He has seen statistics as to what motivates
people to attend health clubs, and unless people are allowed to
choose the facility/program, the City is paying for only a small
segment of the employees.
Mark Schmidt, Bremerton Fire Department, disagreed with Mr. Bow's
comment that no option was offered to the employees prior to
approving the YMCA contract. A survey was sent out to all City
employees asking them if they wanted to participate in a fitness
program. The decision specifying the YMCA facility was the result
of the comments provided on that survey.
Mr. Winters stated he would step down from this issue because his
family utilizes the YMCA, and he was recently hired by the YMCA as
a disc jockey for a fund raising dance.
Mrs. Huff-Menees pointed out funding for this program comes out of
the Employee Insurance Reserve Fund, which is paid into by the
employees, not from the City's general budget. There have been
times when members of the public have not agreed with Council's
decisions, and everyone is entitled to their opinion. In this
case, she is not willing to be called a fool because Council made
a decision a year ago based upon a recommendation that was based
upon the majority of the City employees, who responded to a survey
indicating they wanted to utilize the YMCA facility. She believes
the City is getting its moneys worth based on the number of
employees utilizing that facility; and the benefits identified by
Mrs. Forbes are added incentives. The additional benefit of what
that has meant to many employees is immeasurable. She also
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believes the City has been tremendously well served by the YMCA and
has not heard from even one City employee that they were unhappy
with the choice or services that are provided by the YMCA. She
believes to renew this contract with the YMCA is one of the wisest
decision the City has made in terms of taking care of its
employees.
Mr. Law stated he has been contacted by a number of City employees
regarding this program, and they were all very positive about their
utilization of the YMCA facility; therefore, he will support the
program as presented.
Mr. McConnell stated if approving this contract is foolish, then
Council should do more "foolish" things. As stated earlier, the
funding for this program comes out of the employees' pocket. He
asked if employees utilize the YMCA facilities on their own time?
Mrs. Forbes stated yes, except the Fire Fighters, who are allowed
to exercise while on shift, but if an emergency response is
signaled, they must respond at that time. Only personnel from Fire
Stations 1 and 3 are able to utilize the YMCA facility while on
shift. Fire Station 2 is located on Kitsap Way, which is too far
away from the YMCA, and it would not be practical.
Mr. Colvin stated he supports the program, and asked how many
Council members participate? Mrs. Forbes stated 3. Mr. Colvin
asked many annual memberships the $30,000 represents? Mrs. Forbes
stated 79 is the number needed to make this program work, and the
building assessment fee has been waived.
Mr. Overson added this program was audited with the results showing
it is achieving the intended goals and providing a "good return" on
the investment. He did wish however, that employees could choose
to go to a facility of their choice, with a reimbursement schedule.
Mr. McConnell asked if the cost would be the same if there were 200
members? Mrs. Forbes stated yes.
#1334 M/S/C/U(Montgomery/Huff-Menees) to approve the expenditure of
$30,000 from the Employee Medical Insurance Reserve Fund to pay for
the cost of a YMCA membership for all regular City employees and
officials beginning March 1, 1997 to February 28, 1998.
Expenditure to be paid in monthly installments of $2,500 per month.
Jim Meith, Human Resources Director, stated for clarification the
Employee Medical Reserve Fund is a fund made up of employee
contributions, as well as money that has been set aside for
insurance premiums, and not spent. The fund balance has built up
over the years.
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Mr. Bob Winters returned to the Council Chambers at 6:25 P.M.
8A - RESOLUTION NO. 2586 ESTABLISHING AD HOC COUNCIL ADVISORY
COMMITTEE ON TELECOMMUNICATIONS, #AB97-042
This resolution would create a short term citizen/council advisory
committee to research and recommend a telecommunications ordinance
to Council by May 29, 1997. The committee, as proposed, would
consist of two council members, and three citizens, with necessary
staff support.
Mr. Law proposed two changes to Resolution No. 2586: 1) to the
second line of the paragraph 1. COMMITTEE ESTABLISHED, after "...by
the Council President..." insert with the approval of the City
Council; and 2) to the last line of same paragraph, strike out the
words "...President, and", and insert with.
President Farr asked the City Attorney if the proposed changes
would be in accordance with the Bremerton City Council Rules &
Procedures. Mr. Sievers stated this is a special Ad Hoc Committee,
with citizen members. He did not think it would violate the rule
requiring Council Approval of appointments and is correct in the
format proposed.
Public comment - none.
#1681 M/S/C/U(Huff-Menees/McConnell) to adopt Resolution No. 2586,
establishing an Ad Hoc Telecommunications Advisory Committee, with
changes as proposed by Mr. Law.
9A - ORDINANCE (FIRST READING) PROHIBITING BROADCAST FEEDING OF
BIRDS AND ANIMALS, #AB97-043
This ordinance amends the municipal code section declaring certain
animal nuisances, and makes it unlawful and a nuisance to throw or
scatter animal or bird feed. If consumed, the feed becomes
unsightly refuse which attracts vermin. There have been recent
complaints that broadcasting large amounts of bird feed on a set
schedule has caused large numbers of birds to congregate, creating
a noise disturbance to surrounding properties and droppings on
public sidewalks.
Mayor Lynn Hotton stated over the last several months, the
Administration has dealt with problems from people feeding large
numbers of birds. This has created a health concern as well as the
mess of dealing with bird droppings. The intention is not to
penalize citizens, who want to have bird feeders, or prohibiting
people from feeding birds that do not cause a public nuisance.
John Thomas, Bremerton resident, found it strange that a law had to
be created to address situations where 3 or 4 people were causing
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problems. He asked if there was another way to handle this
conflict?
Fannie Beglau, Bremerton resident, stated she has lived in
Bremerton since 1962, and she feeds many birds. She described how
she schedules the time she places food out side for the birds and
the fact that once they have eaten they leave her yard. She
questioned whether she would be able to continue this practice, and
pointed out that she owns her property? She took over this duty
from her brother who has now passed, and has always felt this was
from a christian attitude.
Elizabeth Buell, Bremerton resident, asked if she would be able to
continue feeding birds on the docks while waiting for a ferry? She
questioned if this new law would apply to people who feed stray
cats? Mr. Sievers said it would not prohibit feeding birds or
animals from containers or dishes. However, she would be
prohibited from "broadcast" feeding, such as throwing handfuls of
food for birds on the docks.
Mr. McInnis questioned how would this new law be effectively
enforced, especially for people feeding birds and animals on their
own private property. Mr. Sievers stated it would be easy to
enforce this particular ordinance because it regulates behavior and
not thoughts of the person. The very act of throwing food in a
wide dispersing pattern in private yards or public right-of-way is
the illegal conduct. Such activity could create a garbage refuse
problem or attract unwanted birds or animals. The City would
enforce on a complaint basis.
Charles Brown, Bremerton resident, asked if this ordinance was
approved would a Police Office, observing people feeding birds on
the boardwalk, enforce the law or would they ignore it unless a
complaint is lodged? Mr. Sievers stated he does not believe that
kind of feeding behavior is being addressed in this ordinance or
prohibits. Someone feeding sea gulls one at a time from their hand
is not prohibited under this ordinance. Mr. Brown asked if other
cities have similar ordinances? Mr. Sievers stated he could not
comment, but the City did not use any other city as a model. Mr.
Brown acknowledged there can be problems when people feed wild
animals, i.e. deer, Canadian geese, etc., and sea gulls and pigeons
are scavenger birds; however, he sees this legislation as being
intrusive of government when it affects what he does on his own
private property.
Diane Killam, Bremerton resident, described how a neighbor feeding
birds, initially using a broadcasting method and then switching to
feeders to distribute feed, adversely affected her home by covering
the yard, windows, roof, fence, plants and driveway in bird
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droppings. She estimates that 100+ pigeons sit on the power lines
above her property everyday, all day long. In the summer time when
it does not rain as often the grass outside her fence is stiff with
droppings. She views this kind of a situation as a health hazard
and was surprised that no one has become ill because of it. The
neighbor feeding the birds believes it is her right to continue
that activity. Mrs. Killam has contacted everyone she should think
of from Puget Power and the Health District, but no one will do
anything to resolve the situation. At this point, she has
exhausted most options and views the proposed ordinance as a way to
give her some relief from being invaded by the birds and their
droppings.
Mayor Horton pointed the City of Seattle adopted legislation that
establishes no-feeding zones around each property where a problem
developed. That kind of action was discussed; however, it was felt
a broader application of the law would be of more benefit to the
City rather than having lots of little isolated zones throughout
the City. She agreed this is not a rampant problem, but for people
that are afflicted by such a situation it is a big problem. The
problems identified in the City have not been in neighborhoods that
have lots of little children, who might be more apt to come in
direct contact with the bird droppings. She also sees it as a real
health concern. If Council wishes to have language added to
address feeding birds where it causes problems with noise and/or
droppings on adjacent properties, it can be provided by the second
reading of the ordinance.
Mr. McConnell stated after listening to the testimony, he
recommends the issue be sent back to the administration to be
reworked so that something can be included that will protect the
neighbors in addition to identifying specific birds that create the
problem.
Mr. Montgomery stated he was personally aware of the problem sea
gulls and pigeons create for the Naval facilities and ships and
private property owners; therefore he would support the ordinance
as presented.
Mr. Winters asked Mrs. Killam if the problem existed prior to her
purchasing her property? Mrs. Killam explained about two years ago
Bachman Park was refurbished and signs were posted "do not feed the
birds". Since that time, the problem has multiplied with the birds
migrating to her property. Mr. Winters asked Mrs. Killam if she
had asked the neighbor feeding the birds to come over to her
property to see the condition that exists and if she had, what was
their response? Mrs. Killam stated the response she was given was
"oh well, I guess we could clean it up"; however no one did clean
it up. She did ask the neighbor to clean up the scattered bird
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feed in her yard and alley and that was when she started
broadcasting the feed up and down the alley and dumping garbage in
the alley. Mr. Winters stated he wanted to make sure that Mrs.
Killam had exhausted every option to resolving her problem before
instituting a new law. Mrs. Killam stated she had reached the
point where she had no other option to deal with this situation.
Mr. Law stated Mrs. Killam had contacted him several times and he
did discuss the various points Mr. Winters raised with Mrs. Killam,
who has had more patience than anyone on the Council could realize.
Mr. Winters raised the issue of people purposely going to a local
business to buy food to feed birds on the boardwalk, which he did
recently. During the discussion before Council, Mayor Horton and
the City Attorney expounded on the fact that this is an isolated
situation where the feeding of birds have created a problem. Prior
to hearing the comments and testimony by the pubic, he was not
supportive of the proposed ordinance, but the information provided
helps him make his decision on the issue.
Mrs. Huff-Menees stated she also feeds small birds and enjoys
watching the variety of birds that come into her yard; however,
they also live in a neighborhood where large numbers of birds have
created an extreme problem. It would be wonderful if neighbor-to-
neighbor people could address these issues. When she consulted the
City about the problem in her neighborhood, she found there wasn't
anything available to resolve the problem, if the person involved
does not want to cooperate. She appreciates Mrs. Killam
willingness to come before the Council and give her testimony
regarding this issue. She agreed that it was unfortunate to have
to address the issue with an ordinance, but without it there is no
way to resolve such problems.
Mr. Colvin called Fannie Beglau to the podium and asked her
how she would reconcile a situation as described by Mrs. Killam?
MS. Beglau stated she would be distressed, if she had a similar
problem, but she doesn't. She feeds the birds at specific times
after which they leave her property and she is careful to clean up
after the birds leave. Mr. Colvin stated he was not sure if the
ordinance could be modified to satisfy everyone.
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Mr. Sievers explained people can feed birds if they control the
feeding method so that the number of birds do not get unreasonable
and create noise and droppings problems. He did not know if there
was a better way to articulate the behavior we want to prohibit,
but birds can be fed by using containers in an area without
broadcasting it widely in all directions so that it cannot be
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picked up and lose control of the kinds or numbers of animals/birds
that are being attracted. Mr. Colvin asked if this ordinance would
apply when there is snow on the ground? Mr. Sievers stated yes.
Mr. Neville questioned if the penalty identified would be a
misdemeanor and would the enforcement be handled by Animal Control?
Mr. Sievers stated yes, Animal Control would handle enforcement;
however, he was not sure if the penalty was a misdemeanor or civil
infraction, but no more than a misdemeanor. Mr. Neville asked if
Mrs. Buell's feeding of the sea gulls at the Ferry Dock would be
considered broadcasting? Mr. Sievers stated he did not believe
that kind of feeding would be prohibited by the ordinance. The
Judge will apply the common meaning of broadcasting, which
according to the dictionary is "widely distributed in all
directions".
President Farr stated he received a call from a constituent, who
also cited some problems with birds in their neighborhood and the
mess that accompanies them. He personally enjoyed taking his
granddaughters to Bachman Park to feed the pigeons and they were
disappointed when the pigeons no longer favored that area. It is
his opinion that the ordinance needs to address specifically the
problem areas that are intolerable. He believes the City is
obligated to help people in a way to give them relief from such
problems, but on the other hand he sees the City stepping into
another area where people have a right to their own enjoyment. He
did not believe the Council, given a limited amount of time and
resources before them, was prepared to provide a well thought out
ordinance that addresses all the issues.
#0115 M/S/C(Montgomery/Huff-Menees) to approve ordinance, on first
reading, prohibiting outdoor broadcast feeding of birds or animals
and amending BMC 7.08.100.
Mr. Overson questioned if the administrative staff felt the wording
of the ordinance was appropriate given the testimony and concerns
raised during this discussion? He noted the ordinance identifies
"broadcasting" feed is a nuisance. but it does not identify large
numbers of birds gathering in a location and mining ones property
as a nuisance. He believes the ordinance should identify what is
a nuisance and how to eliminate such nuisances. MaYor Horton
pointed out if people do not feed birds, they will not gather in a
specific location. She again pointed out she was not totally
convinced the use of "no feeding zones" around problem properties
was the best solution. She suggested if Council passes the
ordinance on first reading, the City Attorney could tighten up the
language yet keeping the intent of the ordinance.
Mr. McConnell asked if the maker of the motion was willing to amend
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the motion to include the wording: "to feed pigeons, sea gulls,
geese, ducks or starlings by broadcast feeding"? Mr. Montgomery
stated no, he wished the motion to stay as stated.
#0295 M/S/C/F(McConnell/Law) an amendment to the motion by striking the
words "any domestic or wild animals or birds" and inserting
"pigeons, sea gulls, geese, ducks or starlings- so that the
ordinance would read: "To feed pigeons, sea gulls, geese, ducks or
starlings by broadcast feed outdoors onto the ground or other
surface".
Mr. Overson questioned the correct version of the ordinance being
considered? Paula Johnston, Acting City Clerk, explained the
substitute ordinance handed out by Mr. Sievers prior to the Council
meeting was to be considered on the floor during Council's
discussion. Mr. Montgomery's motion references the ordinance
included in the Agenda packet.
Mayor Horton stated in reference to Mr. McConnell's amendment to
the motion, there are lots of other birds, i.e. stellar jays,
crows, etc., that people do feed and are problems, which can make
enforcement more difficult. The intent of the ordinance is to
identify broadcasting feed as a nuisance, which results in noise
and pollution caused by numbers of birds responding to people
broadcasting feed in a particular location. The City will only
deal with an animal/bird feeding situation, if it becomes a
nuisance.
President Farr stated he would not support the amended motion or
main motion because he firmly believes there is a problem to
address, but it cannot be thoughtfully addressed in the time
allocated at this meeting. He preferred the ordinance be remanded
back to the administration so that the comments given at this
meeting can be incorporated and brought back to Council that does
not step on people's rights.
Mr. Law urged Council to approve the ordinance, on first reading,
and allow the staff to work on changing the language prior to
second reading.
Vote on amended motion: In Favor: Law, McConnell
Opposed: Overson, Colvin, Winters,
Montgomery, Huff-menees,
Neville, Farr
Motion failed.
Vote on main motion: In Favor: Overson, Law, Farr, Colvin,
Montgomery, Huff- Menees,
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City Council Reg. Mtg. Minutes
February 26, 1997
Page 14 of 18
Opposed: Winters, Neville, McConnell
Motion carried.
10A - PUBLIC HEARING TO AMEND THE OFFICIAL ZONING ORDINANCE TEXT
AND MAP BY ADOPTINGANDAPPLYING TWO NEW ZONES: "HEALTH CARE" AND
"SHORELINE MIXED USE"= AND ORDINANCE {FIR8T READING), #AB97-044
The Bremerton City Council adopted the Harrison District Plan in
September 1996. That Plan included a recommendation to adopt two
new zones. The "Health Care (HC)" zone is intended to better
define and protect the health care district in the vicinity of
Harrison Hospital. The "Shoreline Mixed Use (SMU)" zone would
provide a more compatible mix of land uses for the high bluff area
along Campbell Way and Old Wheaton Way. The Planning Commission
studied the proposed amendments and conducted a public hearing on
December 17, 1996, after which it recommended City Council adoption
of these amendments.
President Farr asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Ron Hough, Planning Manager, stated both of the subject zones were
developed in cooperation with each other to be consistent and
compatible and came out of the Neighborhood Harrison Plan, which
was adopted in September 1996. Mr. Hough provided a view graph
showing the boundaries of the Health District as Clare Avenue
around Canteberry Manor up Callahan Drive crossing over to Cherry
Avenue to Ash Street over the East Park Nature Center traveling
downward along the east edge almost toWheaton Way and back up Lebo
and around the Sheridan Village Shopping Center. The boundaries
for the Shoreline Mixed Use zone are: Port Washington Narrows to
the south and Campbell Way and Old Wheaton Way to the north.
One of the most controversial issues discussed during the
discussions of the Harrison Plan had to do with the Shoreline
Master program providing public access to and along the shoreline.
When the discussion centered on the high bluff area along Campbell
Way, along the SMU Zone, it did not make sense to put in a paved
public walkway along the top of the bluff or the bottom of the
bluff since access to the bottom was not available and the top of
the bluff was steep and unstable and would be dangerous to have
people on top of it without some kind of railing. Rather than
require that public access, a change was made to the Harrison
District Plan, which was approved, to provide a landscaped pathway
along the street side of the properties.
The Health Care District itself is based on several objectives that
came out of the Harrison Plan and were discussed at neighborhood
meetings. The zoning in the Health District is comprised mostly of
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City Council Reg. Mtg. Minutes
February 26, 1997
Page 15 of 18
General Business (GM), which is the City's most intensive
commercial zones, is highway oriented, and allows a number of land
uses that may not be in the best interest of a health care
district. The suggested "HC" zone is a combination of the most
appropriate uses from the Professional Office Zone and the General
business Zone and is intended to promote objectives of the Plan
while preventing most incompatible uses. A list of primary uses
and support uses were included in amendments to the Zoning
Ordinance, which will be addressed later. Originally, the intent
was to include the PO zone, which goes up the east side of Cherry
Avenue, in the Health Care zone, but a number of neighbors in that
area voiced their concern that they would be looking over some high
buildings in the more intense HC zone, so it was retained as PO
since it has a lower maximum building height requirement.
The shoreline Mixed Use Zone primarily maximizes the potential of
bluff-top areas; encourage redevelopment and infill; promotes a mix
of water-oriented commercial, office and residential uses; ensure
that new development is designed and sited to take advantage of
high bluff views while enhancing the unique qualities of the
shoreline location; discourage development that endangers the
stability of the bluff or functions of the Tracyton Beach Natural
System, such as buildings that "step down" or cut into the bluff.
And, to provide public access to the shoreline along Old Wheaten
Way and maybe along the realignment of Campbell Way.
The Planning Commission reviewed the uses and recommended Council
adoption. The ordinance is pretty specific as to what sections of
the Zoning Ordinance will be changed to add the new zones.
Public comment - none.
Mr. Oversen stated in the City's present residential zones SF-1, 2
and 3, there are minimum lot sizes for residences. In SMU 8C area,
the SMU residences are allowed outright, but there is no minimum
lot size. He asked if that was not a contradiction? Mr. Hough
stated the SMU is a mixed use zone and the lot sizes are very
narrow and it is hard to do minimum lot sizes when half the lots
are steep bluffs. Minimum lot sizes were considered, but the
intent was for more compact development with minimum setbacks
between buildings so the side setback was reduced to five feet.
Mr. Oversen referenced a small piece of land in the east corner of
the SMU zone, which is a very small lot, and presently not
developed. He hoped that this proposal will give the owner
allowance to develop the site into something useful. Mr. Hough
stated if the owner could design something to fit the lot, meet the
required parking and minimal setbacks of that zone, the site could
be developed.
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City Council Reg. Mtg. Minutes
February 26, 1997
Page 16 of 18
Mr. Montgomery complimented the staff for not being afraid to make
changes where that were needed.
Mr. Colvin asked if consideration for parking was given for the
subject area? Mr. Hough states yes, parking is allowed. In the HC
district non-accessory parking, which is commercial parking lots,
and parking structures were provided.
#0919 M/S/C/U(Montgomery/Winters) to approve ordinance on first reading,
amending the Bremerton Zoning Ordinance and Zoning Map to add the
new "Health Care (HC)" and "Shoreline Mixed Use (SMU)" zones.
10B - PUBLIC HEARING TO AMEND BREMERTON'S OFFICIAL ZONING MAP FOR
CONSISTENCY WITHNO 1996 COMPREHENSIVE PLAN AMENDMENTS, #AB97-045
During the summer of 1996, the City processed its annual docket of
amendments to the Comprehensive Plan. Those amendments were
approved and adopted by Ordinance No. 4570 in September 1996. Two
of the amendments require adjustments to the City's Zoning Map to
maintain Plan/Zoning consistency. The Planning Commission has
processed those amendments, conducted a public hearing to accept
public comments, and recommends City Council adoption. An
ordinance has been prepared for the Council's consideration.
President Farr asked the "Appearance Of Fairness/Conflict of
interest" question with all Council members being seated.
Ron Hough, Planning Manager, stated the zoning amendments came out
of the 1996 docket of Comprehensive Plan Amendments approved in
September 1996, along with the Harrison District; and are now
before Council for the final adjustments of zoning. Both of the
areas are fairly small and non-controversial. The Sciepko Area is
located along the south side of State Route 16 east of Gorst. Mr.
Hough provided a view graph showing the Anderson Creek area where
the City sold part of it land to Ron Sciepko a year or two ago.
Mr. Sciepko then annexed a portion of his property into the City.
When that annexation went before the Boundary Review Board, they
recommended including six lots to the north of Mr. Sciepko's
property in the annexation area, which were then annexed with the
Industrial Park (IP) zoning, the same as that given to the Sciepko
property. When that annexation was completed and the IP zone was
designated, it was done with the understanding it would come back
before Council for review and possible changes later, which was
done in summer of 1996, and approved in the Comprehensive Plan in
September of 1996, and now Council is being asked to amend the
zoning. The proposal is change the zoning from IP back to
residential (SF-1), which is the City's lowest density zone and
allows a minimum lot size of 13,000 square feet and was designed
for areas that do not have sewer system, which is the case in this
instance, and an area with fairly steep and unstable banks that
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City Council Reg. Mtg. Minutes
February 26, 1997
Page 17 of 18
slope down toward SR-16.
The second part of this proposal is Arvon Park, which is a 1/4 acre
lot that was donated to the City several years ago and located on
Arvon Avenue just north of 15th Street. The City developed the
site into a neighborhood park with a Special Use Permit. The City
has a policy of including all public parks in the Parks and School
zone (PS); therefore, this change would take the subject lot out of
the SF-3 zone and place it into the PS zone.
Both of the above described changes have been recommended by the
Planning Commission.
Public comment - none.
Mr. Winters questioned the length of time required for this
process. Mr. Mouth explained the action was initiated by the City
as part of the follow through process for the Comprehensive Plan
adjustment. Mr. Winters asked when someone does apply for rezone
what is the normal length of time before it goes before the
Planning Commission and Council? Mr. Hough stated if it does not
involve a Comprehensive Plan Amendment it can be accomplished in
approximately 3-4 months minimum.
Mr. McConnell noted the recommended action for Council is listed as
two motions. He asked the City Attorney if a Council member could
vote for only one part of the requested action? Ian Sievers, City
Attorney, stated they are tied together in one ordinance, which
demands a single Zoning Map for the City. Therefore, it is a
single action that addresses one document and changes to that
document. If Council didn't approve the motion, which is to pass
the ordinance on first reading, then some how the ordinance would
have to be amended to separate the two changes to the Map.
McConnell quoted from the Agenda documentation: "the area is
relatively hilly and consists of steep slopes, unstable soils..."
and asked how unstable were the soils? Mr. Hough stated the area
is included on the Critical Lands Map as being an unstable deep
sloped area. The parcels that are already developed are quite a
distance up from SR-16. Mr. McConnell asked the City Attorney what
the City's liability would be if the area was rezoned by the City
and someone build on the hillside and it gave away? Mr.
stated not a lot, the zoning is still a fairly broad land use
control, the City has sensitive critical areas in the SEPA review
process that would go with the actual construction project.
Hopefully, that would disclose problems and require engineering, if
problems arose. Basically, on such a situation the City would
require a certified Engineer to stamp any building drawings that
were approved by the Department. Mr. Hough explained the SF-1
zoning is the least intense zoning in the City other than parks.
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February 26, 1997
Page 18 of 18
It was felt that SF-1 was more suitable for that particular area
than IP. Mr. McConnell stated based on Mr. Sievers' comments,
there would be no need to split the two actions.
Mr. Overson asked, from a developmental standpoint, was there any
opposition from the owners of the residential lots over their
properties being rezoned from IP to SF-i? Mr. Mouth explained
those properties were designated residential in the County before
being annexed and they did not apply to be annexed, but were
brought in along with Mr. Sciepko's industrial annexation. The
property owners had no interest in being zoned IP in the first
place and had no objection to going back to the residential
designation.
#1249 M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading,
revising the Official Zoning Map of the City of Bremerton,
Washington.
President Farr thanked the TV camera crew for their services: Rob
Rupe, James Noble Jr., and Jamie Campbell.
With no further business meeting adjourned at 7:59 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
~~ h President
DAVID D. FARR,~ouncii
City of Bremerton
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