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HomeMy WebLinkAbout02/26/97 TAPE #1443 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 TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 2 of 18 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 TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 3 of 18 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. TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 4 of 18 (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 TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 5 of 18 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. TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 6 of 18 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 TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 7 of 18 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. TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 8 of 18 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 TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 9 of 18 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 TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 10 of 18 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 TAPE #1443 City Council Reg. Mtg. Minutes February 26, 1997 Page 11 of 18 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. TAPE #1444 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 TAPE #1444 City Council Reg. Mtg. Minutes February 26, 1997 Page 12 of 18 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 TAPE #1444 City Council Reg. Mtg. Minutes February 26, 1997 Page 13 of 18 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, TAPE #1444 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 TAPE #1444 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. TAPE #1444 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 TAPE #1444 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. TAPE #1444 City Council Reg. Mtg. Minutes 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 KLM/DDF/me cc: Normal Distribution File/Vault