Loading...
HomeMy WebLinkAbout02/28/96TAPE #1360 UNAPPROVED DRAFT COUNCIL APPROVED MAR 20 1996 CITY COUNCIL MEETING MINUTES FEBRUARY 28, 1996 #0042 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 28, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Councilman A1 Colvin. CONSENT AGENDA A. Minutes -- February 7, 1996 #AB96-040 M/S/C/U(Neville/Farr) to approve Consent Agenda as presented. #0074 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. M/S/C/U(Colvin/Montgomery) on February 28, 1996, the Council does approve for payment those vouchers included and further described as follows: EFT3522, EFT3523, 195445 through 195466 in the amount of $180,163.45; and Retiree Payroll for the period ending 2/29/96 in the amount of $97,395.85; and Regular Payroll for the period ending 1-31-96, in the amount of $786,872.41. COUNCIL MEMBER REPORTS Mr. Overson announced a meeting will be held on February 29, 5:30 P.M., in the Washington Mutual Building, that will address downtown Bremerton's image. This meeting is sponsored by Bremerton Main Street Association, The Sun, Bremerton Area Chamber Of Commerce, Economic Development Council and Waterfront Task Force. Mr. Neville thanked everyone for the cards, flowers and well wishes as well as the help he received from professionals at Harrison Hospital. Mr. Farr noted Mr. Neville is a valued member of the Council and he TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 2 of 19 was glad to have him back. Mrs. Huff-Menees stated it was good to have Councilman Neville back and in good health. Mr. Montgomery echoed welcome back sentiments to Mr. Neville, and the fact he was sorrily missed. Mr. McConnell announced the next District #2 Neighborhood Meeting will be held March 12, 6:30 P.M., at Fire Station #3. The guest speaker at that meeting will be Police Chief Paul DuFresne and the Beat Officers for that area. Mr. Colvin was pleased to report 41 people turned out for the District #1 Neighborhood Meeting and complimented Randy McGreal, of Fletcher Wright, on the excellent presentation he made on the downtown waterfront project. He encouraged residents of District #1 to attend the District #2 Neighborhood Meeting on March 12. He assured those concerned about the Scotch broom that the issue will not go away and he expects it to accelerate. Mr. Winters reported on Tuesday, February 27, he and Councilman Montgomery attended a meeting of the Downtown Waterfront Task Force. He acknowledged that the image of Bremerton has been tainted, changed or needs an uplift and that process will begin at the meeting on February 29, at the Washington Mutual building, starting at 5:30 P.M.. He was pleased to announce applications for housing at the new Max Hale Center are available for local people, and copies of the application will be available in the City Council Office. The Swing City Committee is sponsoring a fund raising dance on March 15, at the Bremerton Eagles. Mr. Law reported the Bremerton School District followed through on their commitment to clean up the property on the east side of the Middle School facing Trenton Avenue. MAYOR'8 REPORT Mayor Horton reported the Parks Commission voted to accept a recommendation from Gold Mountain golfers and members of the community to name the new and old golf courses at Gold Mountain. The new course will be named Olympic Course At Gold Mountain and the old course will be named the Cascade Course at Gold Mountain. The new course construction is on schedule and is anticipated to open for play in the fall. Mayor Horton conveyed the BEST REPORT AWARD on the February 26th Police Activity Report, which read as follows: "On February 26 Animal Control Officer Olson responded to a guinea pig stuck in a wood stove vent pipe. She could not get the pig out on first TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 3 of 19 attempt and requested the Bremerton Fire Department. The Bremerton Fire Department could not get the pig out. Olson used cooking oil to lubricate the pig up and was able to remove the little ham without harm. Pig advised his goose was cooked." Police Chief Paul DuFresne, Lt. Ron Mox and K-9 Officer Bogen introduced the City newest K-9 Police Dog - P.D. Rebel. Rebel was funded through donations from citizens of Bremerton. Officer Bogen extended a special thanks to the Rotarians for their part in acquiring Rebel. Chief DuFrense pointed out Rebel comes with a unique "replacement guarantee" in the event he didn't meet the City's requirements. Mayor Horton extended congratulations to the Bremerton High School students, who were honored as outstanding academic students at a special recognition event on February 27, and to the teachers and School District personnel. Henry Mincey, Manager Community Recourse Division, stated last year his division was created as part of the Police Department reorganization and one of the first things they did was establish a partnership with the Bremerton School District. That partnership involved the City providing a School Resource Officer along with the duties of D.A.R.E., and G.R.E.A.T classes. Now, the Bremerton School District wishes to report back to the City Council on how that partnership is working. Carol Whitehead, Assistant Superintendent, complimented the City, Chief DuFresne, and the Police Officers for the outstanding job they are doing in the City. The Bremerton School District is particularly appreciative for the excellent support they receive on a day-to-day basis from the Police Department, and have received for a number of years. This year they have had the special opportunity to have Officer Fitzpatrick, who works with the Middle School and Jr. High, assigned to the School District full time. The partnership is possible because of a State Security grant, which is for a two year period, if the State Legislature continues to approve funding. Officer Fitzpatrick's job with the schools is to be proactive with students as well as being available on site if his services are needed in an emergency situation. Officer Fitzpatrick teaches the G.R.E.A.T. program, helping students learn early on about gangs in the community and how they can make a choice to say "no" and make the right decisions to move forward. PUBLIC RECOGNITION Jack Lefcoski, Kitsap Lake Neighborhood Association - A group addressing weeds in lakes within Kitsap County will hold a meeting on March 5, 6:30 P.M., at the Cascade Natural Gas building on Kitsap Way. TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 4 of 19 Gene Hart - recognition given to Bremerton High School students for their outstanding academic achievements. The following question was raised: "what is the real reason Pastor Larry Robertson is not allowed to speak on Black History at Bremerton High School? President Law suggested Mr. Hart contact the Bremerton School Board. Klaus Golombeck, Bremerton Central Lions Club - District Lions Club Convention at the Bayview Inn on March 2-3. The Bremerton Central Lions Club will sponsor the Armed Forces Day Parade. Carol Atkinson, Bremerton Main Street Association - Image Of Bremerton Forum, February 29, 5:30 P.M., at the Washington Mutual Community Room. Gordy Byrd - enjoyed the presentation on the Sinclair Landing project at the District #1 Neighborhood Meeting. De1 Knauss - thanked Councilman Huff-Menees and Mayor Horton for stepping down from the Sinclair Landing Association Board of Directors. He asked the following questions and requested a written response: (1) Has Mayor Horton signed a new Memorandum Of Understanding with the Sinclair Landing Association. And, what are the differences between.the new one and the one City Council voted on a couple of months ago? (2) Concerning the City Utility Tax on garbage bills, charging an 18% tax. I called the State Attorney General's Office and State Representative Lois McMahan's Office. It appears from the information I have from the Association Of Washington Cities, that the City has been overcharging its residences since 1986. The AWC Bulletin states we have concerns regarding potential ambiguities relating to the authority of cities and towns to impose solid waste taxes at rates exceeding 2/10th of 1%. Those concerns arose from the absence of a statutory amendment to RCW 35.21.710. This happened by a series of bills in 1982, 1985 and 1986 that changed references and codification. In 1982 the Legislature limited City Utility Taxes for telecommunications, electricity and Natural Gas to 6%. The Legislature also limited City B&O Taxes to 0.2% unless the activity was taxed under RCW 82.16. In 1985, the Legislature increased the State Utilities Tax (RCW 82.16) on solid waste to help fund the Public Works Trust Fund. In 1986, the Legislature moved the Solid Waste Tax from RCW 82.16 to a new Chapter RCW 82.18. This means the tax is no longer exempt from the 0.2% limit, because it is no longer taxed under RCW 82.16. Question - since it appears to me that the City is in violation of State Law, can the residents expect a roll back of this tax and a refund for the years of overcharging?" Thomas Delahay, Bremerton resident - questioned the Planning TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 5 of 19 Department requirement for professional drawings of projects needing a Building Permit when doing small type rehabilitation work on rental properties; and was there some type of drawing that he could submit somewhere between a drawing on a napkin and a blue print? John Thomas, Bremerton resident - asked that individual property owners clean up Scotch broom plants and by doing so may embarrass the City into cleaning up Scotch broom on City properties. 7A - REOUEST TO COUNCIL TO ACCEPT A REVISED LETTER OF INTENT TO ANNEX THE WERNER ROAD AREA, #AB96-041 On November 8, 1995, the City Council approved a Letter of Intent to Annex the area designated as the Werner Road Annexation, into the City of Bremerton. The process is defined by RCW 35.13.125. The City Council determined that they would accept the area as geographically proposed and require the area to assume a proportional share of the City's current indebtedness as a condition of any future petition for annexation. Additionally, Council allowed for the provisional administrative assignment of zoning according to BMC 21.02.260. This would exempt the staff from taking the new area through the zoning process until after annexation. City Council is asked to accept a modified Letter of Intent to Annex, which would replace the Letter of Intent accepted by Council on November 8, 1995. The new Letter of Intent requires the City to perform necessary work to obtain pre-annexation land use planning and zoning. The new Letter of Intent reduces the area to exclude properties that will not be included in the final petition. Terrie O'Neill, Municipal Services Coordinator, reviewed the Summary Statement data and explained at this point she is asking Council to back up to the Letter Of Intent to consider requiring staff to go through the zoning and Comprehensive planning of the area prior to completing the annexation at the request of several petitioners. Council is also being asked to eliminate some areas from the annexation area since there were not sufficient petitions for the City to proceed without the owners of those properties being concerned. The City has been activity trying to address concerns of the area property owners and a meeting is scheduled on February 29, 1996, 7:00 P.M., at the Fire Station on Kitsap Way to talk more about the annexation process. Public comment - none. Mr. Overson stated he could not see where the City could do anything to the property related to zoning when the area is not #1851 #1995 TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 6 of 19 within the City? Ian Sievers, City Attorney, stated State statutes RCW 35.13.177 and 35.13.178 allow cities to zone property that would take affect upon annexation. The City Council, by State law, is to indicate in the minutes of this meeting whether they will require zoning to take affect simultaneously or whether there will be zoning action after annexation. Mr. Overson stated because such action is legal and if the process has been followed, there would be no leverage on the Council. Mr. Sievers stated yes, the decision here is not to decide the zoning, but whether to have it in place by the time of annexation. Mr. Colvln asked if zoning action would be taken without a public hearing. Mr. Sievers stated no, identifying a zoning designation would require Planning Commission review, Council hearings and adoption of an Ordinance. Typically, the City uses the same Ordinance to implement the annexation. Mr. Colvin asked the amount of increased taxes to the City once the area is annexed into the City? Ms. O'Neill explained the assessed value of the property proposed for annexation is $12,000,000, and could include other kinds of tax revenue benefits. M/S/C/U(Montgomery/Farr) to accept the Werner Road Annexation as geographically modified in the Letter of Intent dated February 20, 1996, subject to the assumption of a share of the City's current indebtedness, and require the simultaneous adoption of a comprehensive plan and zoning designations upon annexation. 7B - APPOINTMENT OF DONNA R. ADAMS TO THE PLANNING COMMISSION, #AB96-042 There is a vacancy on the Planning Commission and it is recommended that the vacancy be filled by Donna R. Adams. Mayor Hotton reviewed Ms. Adams background noting the value of her bringing the perspective of the Washington State Ferries to the City. Ms. Adams planned to be at this meeting, however, she had not yet arrived. Public comment. M/S/C/U(Neville/Montgomery) to confirm the appointment of Donna R. Adams to the Planning Commission. 8A - ORDINANCE NO. 4543 (SECOND READING) RESTRICTING STORAGE OF OVERSIZE VEHICLES, #AB96-030 Deborah Goods11, Parking Supervisor, stated this proposal is to restrict reparking oversized vehicles over 10,000 lbs., or 22 feet in length, to 120 hours in a 30-day period. Kathleen McCluskey, City Clerk, made a statement of clarification TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 7 of 19 that the wording "except motor homes" is in the proposed ordinance. Council rescinded an earlier motion to "include motor homes", so first reading of the ordinance was as approved on February 7th. Mr. Overson talked about prior Council action to include "motor homes" in the restriction and the adverse affect it would have on motor home visitors coming to Bremerton. He questioned if his understanding was correct. Ms. Goodell stated if the motor home is an oversized vehicle, they would be allowed to park 120 hours within a 30-day period. When the discussion had motor homes excepted, they had unrestrictive parking. Mr. Overson asked Mr. Montgomery if that was the intent of his prior position on this issue? Mr. Montgomery stated his intent was to not have oversized vehicles, including motor homes, parking on narrow City streets for long periods of time. And, if a person owns a motor home they should park it on their own property or in a storage lot. Ms. Goodell explained the problem they have encountered has been the need to chase around the City large, and generally commercial vehicles, buses, etc., every 72 hours. Currently, there is no other law to apply to address these problems; however, there are laws addressing visibility. Mr. Overson asked why Ms. Goodell did not want a 34 foot motor home parked on the street in a residential neighborhood. Ms. Goodell stated her original proposal was to include motor homes, since they are oversized vehicles. If motor homes are exempted, it would depend on the width of the street and the attitude of the neighborhood. She believed it should be enforced City wide, not street-by-street. Mayor Hotton emphasized when the ordinance was originally drafted, it included motor homes, so they too would be banned from long term storage on City streets. It was her position, for political reasons, that issue would be too tough to deal with at this point, especially when the primary concern had to do with buses, horse trailers, construction vehicles, etc. At the second reading of the ordinance, Council changed the ordinance to ban motor homes as well and she asked Council to rescind that motion to allow the public an opportunity to give their input on such a proposal. The Administrative recommendation was to exempt motor homes, which was supported at the time of first reading of the ordinance. From an Administrative standpoint, their main concern was dealing with the non-motor home vehicles and Council brought a different element at the time of second reading of the ordinance. Mr. McConne11 asked why the weight of oversized vehicles increased from 8,000 lbs., to 10,000 lbs. Ms. Goodell stated that increase came about based on research of auto dealerships and the fact most motor homes were in the 10,00-12,000 lb. range. Mr. McConne11 asked if motor homes are to be exempted then why aren't RV trailers exempted as well? Ms. Goodell pointed out the ordinance states motorized conveyances. In the case of a travel trailer, a motor TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 8 of 19 vehicle would have to be attached to it in order to have a Residential Parking Permit. Vehicles that end up being stored on the street are junk vehicles, old buses, construction vehicles and trailers. Mr. McConnell stated if motor homes are exempted, he believes it will be a temptation for people to take out their motor homes that are currently being stored and park them on the street. Ms. Goodell explained motor homes are defined differently as far as the definition the City is using than RV trailers. Mr. McConnell stated he did not have a 2-hour parking limit on his street, but he has a problem with a trailer being parked on his street.. Ms. Goodell explained the trailer could be parked on the street, but it would have to be moved once every 72-hours. Elizabeth Buell, High Avenue, asked if this included rental trucks used for moving? Ms. Goodell stated if the Oversized Vehicle Ordinance was not in effect the vehicle would only have to be moved once every 72-hours. If that ordinance is in effect and the vehicle is over 10,000 lbs., and longer than 22 feet, it could not be parked for more than a 5-day period, that is provided it is not posing any blocking problems. Klaus Golombek, 2505 E. Phinney Bay Pi., stated he preferred the City fix a problem that exists rather than make it more difficult for people to live in the City. Personally, he could bring his vehicle under the 22 foot length regulation by removing two bumpers. He questioned how will the City determine the weight? He described pickup trucks 22 ft. in length could also present blocking and visual hazards; however, not all problems can be addressed by this ordinance. He cited the ugliness of the power lines and poles that exist in the City, but there is not an easy solution to rid of the City of that blight as well. He had no objection to purchasing a City Residential Parking Permit to place in his motor home as an identification of the owner for benefit of the Police. He felt strongly that out-of-state licensed motor homes should be exempted, and such action is precedented in Salt Lake City, Utah and some areas of Seattle. Andy Parypa, Hayward Avenue, raised several concerns having to do with the Council providing the public ample opportunity to give input on whether or not motor homes and travel trailers should be allowed to park on City streets for indefinite period of time; and the process used in approving the ordinance. He concurred in the proposal to remove oversized vehicles off City streets. He referenced BMC Chapter 10.11,010 and noted in his travels around the City he has not been aware of any logging trucks, tractors with double trailers, etc., parking long term on the streets or planting strips. However, he has observed many boats and RV's parked on City streets for long periods of time and questioned will the oversized vehicles have to be driven around the City for thirty TAPE #1360 City Council Reg. Mtg. Minutes February 28, 1996 Page 9 of 19 days before reparking or must they leave the City. He questioned "does the requirement of having a right-of-way permit to park a vehicle in excess of 72 consecutive hours include those within Residential Parking Zones? And, how does the City plan on keeping track of how long any vehicle has parked or if it has been moved? TAPE #1361 Mr. Parype pointed out section 10.09.050 (Eligibility Criteria) reads after the words motor vehicles "not in excess of ten thousand Pounds", but fails to add "or 22 feet in length. And, the first paragraph of sub-paragraph (a), was completely wiped out so there is no definition except for those items numbered b-f, which would be renumbered. He interpreted BMC 10.11.010 to read that oversized vehicles in residential parking zones only go up to 10,000 lbs., and 22 feet in length, but when reading Section 10.11.010 as amended it tells him that you must move a vehicle after it has been parked in one spot for 72 consecutive hours. It also tells him that motor vehicles or motorized conveyances exceeding 10,000 lbs.. gross legal weight or exceeding 22 feet in length, except motor homes, may not repark in excess of 120 hours within any 30-day period. That tells him anywhere in East Bremerton or any where outside of a 2-hour zone, you could have a 120,000 lb. vehicle that is 55 feet long. Mr. Parypa brought up the issue of parking on City right-of-way and asked if the proposed ordinance included non-posted for parking planting strips? He presented photos showing how a planting strip was damaged by a trailered boat being parked on it for several days. At the present time, three vehicles parked on that same site. He agreed with Mr. Montgomery that those owning motor homes and travel trailers should be able to afford to pay for storage and/or park the recreational vehicles on their own property. Many people pay higher taxes because they have a "view" from their residence and he did not consider oversize vehicles on the street as "view". Photos were provided showing various situations where boats and motor homes were parked on sidewalks, across sidewalks, and on planting strips. Mr. Parypa suggested decreasing the authorized weight of vehicles rather than increasing it; grant a short permit for a visiting motor homes to park on the street, providing there is sufficient width of roadway; allow temporary parking to commercial trucks making deliveries or providing a service; allow no non-motorized conveyances, boats, recreational motorized vehicles, or commercial trucks, other than those previously mentioned on any part of the right-of-way for the purpose of parking. Earl Melson, Olympic Avenue, supported including motor homes in the TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 10 of 19 ordinance. Del Knauss, Olympic Avenue, supported including motor homes in the ordinance. Mr. Meville stated due to there being some confusion about the number of readings this issue has already received, he asked the City Clerk to read into the record Ordinance #4543 starting from Section 2. Kathleen McCluskey, City Clerk, stated for clarification the first reading of the ordinance took place on February 7, second reading took place on February 14, which included motor homes, but later in the evening that motion was rescinded. Therefore, Council is at a point of second reading on the same ordinance that was before them at first reading on February 7, and reads as follows: "Section 2. Amendment. Section 10.09,050 is amended to read as follows: ELIGIBILITY CRITERIA. Parking permits may be issued for motor vehicles not in excess of ten thousand pounds only upon application of the following persons: (a) A legal resident of the residential parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control. (b) A person who owns or leases commercial property and actively engages in business activity within a residential parking permit area. There shall be a limit of two (2) residential permits issued per dwelling unit, unless parking availability allows a greater number. No more than one parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such person. Section 3. Amendment. Section 10.11.010(1) is amended to read as follows: 10.11.010 ADDITIONAL VIOLATIONS. In addition to those statues adopted by reference in BMC 10.04.010 restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (1) Storage of vehicles within Right-Of-Way. Parking in excess of seventy-two (72) consecutive hours, of non- motorized conveyance or motor vehicles in a public right-of-way shall be unlawful without a right-of-way permit. Motor vehicles or non-motorized conveyances exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight or twenty two (22) feet in length, except motor homes, may not repark in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. As used in this section motor homes are vehicles, originally manufactured as a recreational vehicle, which do not require a special permit for highway travel." Mr. Neville stated he believed the proposed ordinance would address and correct current problems and would lend his support to the proposal as presented. Mr. Montgomery restated his position that motor homes should not be TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 11 of 19 stored on City streets because most City streets are too narrow and in many instances the motorized vehicles are unsightly. Mr. Colvin asked the City Attorney if the second reading is the same as that approved at first reading on February 77 Mr. Sievers stated yes. In answer to Mr. Parypa's comment that the ordinance contained reference to two B.M.C. Chapters, the subject of the ordinance is reparking oversized vehicles and the intent is to have a comprehensive legislative scheme, which is why they included Chapter 10.09 as well as 10.011, which included specific restriction on long-term parking. Chapter 10.09 was included because it deals with the City's Residential Parking Permit areas and a threshold was established as to what is a normal vehicle and what is a large vehicle, previously it was 8,000 lbs., and needed to be increased to 10,000 lbs., to make it consistent with the new restrictions. Again, vehicle owners will be required to abide by the short parking limits in the Residential Parking Permit areas if the vehicles are under 10,000 lbs.. Mr. Parypa raised the question why use 10,000 lbs., instead of an alternate 10,000 lbs., or 22 feet in length in the Residential Parking Permit chapter. Mr. Sievers wasn't sure why just 10,000 lbs., was listed and may have been an oversight; however, it may be a good point to include both criteria in that section. In reference to Mr. Parypa's comments about where in the right-of-way oversized vehicles would be allowed, that would be a different topic than this legislation. The proposed ordinance address duration, it does not talk about where it is legal to park. If there is another issue that needs to be addressed on further limitations of large vehicles in places such as planting strips, then that would need to be addressed in the Parking Code. Ms. Goodell was asked to response to Mr. Parypa's question as to how the City would track the 120 hours. Ms. Goodell pointed out weight has been a problem in certain areas as far as travel on the street and the length of time a vehicle has been parked. Upon researching that point, she found most of the ordinances written in Washington included weight. On the length of time issue, currently the City is using tire stem location to judge the length of time a vehicle has been parked in one spot rather than chalking tires, which can be easily removed. Mr. Overson stated of the seven pictures presented by Mr. Parypa, six of them would not be influenced by what is being proposed. He questioned one of the pictures identified as one area since in his opinion they were two different locations. The only area pictured that would have been influenced was the single 24 ft. motor home. Based on his experience traveling in his motor home, many cities welcome visitors and he personally enjoyed their friendly treatment. He was sorry that there were people in Bremerton, who wanted to be unfriendly to motor home owners by making it difficult for them to park when visiting. He supported excluding motor homes #1204 TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 12 of 19 from the ordinance. Mr. PazTpa challenged Mr. Overson's statement relating to one of the pictures he handed out... it is the same location. Mr. McConnell emphasized motor homes, trailers, and other oversized vehicles, that are parked on City streets are a problem. He has such a situation in his own neighborhood that causes a visibility problem. Whether a vehicle is motorized or non-motorized, the danger is still the same. He pointed out the absence of normal sized vehicles parked on the streets in the photographs distributed by Mr. Parypa. He disagreed with the increase in weight from 8,000 lbs., to 10,000 lbs. This past weekend he drove around the City and observed many of the violators, as identified under this ordinance, were located on narrow streets. He believed the motor home exception in the ordinance should be removed because a motor home or trailer is a recreation vehicle. Mr. Winters stated he drove around his district and observed most people with RV type vehicles parked them in their yards, except for the one down the street from his residence. He was not aware of anyone lodging a complaint that particular oversized vehicle. Mr. Colvin asked if the proposed ordinance addressed safety issues? Ms. Goodell stated no; however, State law does addresses safety and any hazard created by restricting visibility. M/S/C(Montgomery/Huff-Menees) to pass Ordinance No. 4543 on second reading, modified under Section 3 (1) deleting the words "except motor homes" and deleting the last sentence: "AS used in this section motor homes are vehicles, originally manufactured as a recreational vehicle, which do not require a special permit for highway travel.,, amending the parking code to restrict re-parking of oversize vehicles; and amending BMC Title 10. Vote on motion: In Favor: Montgomery, McConnell, Winters, Farr, Huff-Menees, Law Motion carried. Oppose: Abstain: Overson, Neville Colvin 8B - RESOLUTION NO. 2541 AUTHORIZING AN INTERFUND LOAN FROM THE WATER FUND TO THE WASTEWATER FUND, #/e~B96-043 The City's Wastewater Fund will receive over $6.25 million during fiscal 1996 from various non-operating sources. These include moneys due from the U.S. Navy, the State of Washington, and Kitsap County. However, it is possible that the timing of the receipt of these funds may be such that a temporary cash flow deficit in the Wastewater Fund will occur. #1517 TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 13 of 19 Rioh Hanna, City Treasurer, reviewed the Summary Statement and assured everyone that the proposed action was not indicative that the budget is broken or any way in jeopardy, but there is a possibility that a significant amount of the expenses associated with capital improvements will occur before receiving the funds from the various sources. John Thomas asked the following questions: (1) Is this two million dollar shortfall generated by the condemnation of property near the wastewater treatment plant? (2) How much money is in the Water Fund? (3) What was the original purpose of the Water Fund money? Mr. Hanna responded as follows: (1) Yes, that is one of the capital projects undertaken, but it is not limited to just that one. (2) The present cash balance in the Water Fund is approximately five million dollars. (3) The use of the money will be to carry out several capital projects of the Water Fund both in 1996 and future years. It is anticipated that the Water Fund will end 1996 with a substantial cash balance, based on the anticipated completion of the replacement of the main water transmission line between Cascad Dam and Bremerton. That improvement will cost approximately 3.5 million dollars and will be constructed in 1997. Mr. McConnell pointed out the Wastewater Fund started out the year with 3.1 million dollars and asked the current balance in that account? Mr. Hanna stated at the end of January the fund balance was approximately 2 million dollars. Mr. McOonnell referenced wording in the Summary Statement...',it is possible if it should occur." When he votes on something he prefers a more definitive statement. Mr. Hanna stated he felt confident the City would receive funding from the several non-operating sources, which include two Public Works Trust Fund loans, two Centennial Clean Water Fund loans, the Assessment Rolls for LID #327 and LID #328, and two contractual issues with the United States Navy. What he was not as confident about was the timing of receipt of those funds and wanting to assure that the Wastewater Fund would not get into a deficit condition. Mr. Montgomery asked if he understood correctly that the funds would not be spent unless there was a need to borrow from that fund? Mr. Hanna stated yes, it is his intention to use the requested authority only if there is a need. Mr. Overson pointed out the loan will bear interest at 5%'and it shall be repaid in its entirety before 12-31-96. Generally, interfund loans are discouraged and are not a good practice, but if it is necessary, then those kind of principles need to be observed. M/S/CU(Overson/Montgomery) to adopt Resolution No. 2541, authorizing an interfund loan to the Wastewater Operating Fund from TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 14 of 19 the Water Operating Fund. 9A - PUBLIC HEARING TO AMEND THE BREMERTON ZONING ORDINANCE TO BETTER ACCOMMODATE RECYCLING FACILITIES; AND ORDINANCE (FIRST READING), #AB96-044 The Bremerton Zoning Ordinance allows "recycling centers" in two zones -- Industrial General and General Business. To better administer these types of uses throughout the community, amendments to the Zoning Ordinance have been drafted to better define the terms for recycling facilities, to include those facilities in more zones in the Land Use Tables, and to establish design standards for collection stations intended for public use. The Bremerton Planning Commission conducted a public hearing on the proposed amendments on January 16, 1996, and unanimously recommended City Council approval. President Law asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. He also announced the presentation made to the City Council can only contain the information that was presented to the Planning Commission, whether it is the comments or documentation. Mr. Hough will be asked to alert Council if the information being presented was not part of the Planning Commission's discussion on this issue. Ron Hough, Planning Manager, pointed out this is one issue within the Zoning Ordinance that was not adequately covered previously and the City is being asked to address "recycling centers" separately from the rest of the Zoning Ordinance. The City's current Zoning Ordinance, which was adopted in 1988, included a definition for recycling center and allowed them in two zones, Industrial General (IG), the heavy industrial zone, and General Business (GB) with a Special Use Permit. There were no provisions for lighter weight facilities, drop off stations or collection stations and the definition of recycling center was a little vague, which presented a problem when a new use came in and there were only two zones that allowed that kind of activity. The City was asked to open up the opportunity for recycling centers in more locations and provide a clear definition, which is what this proposal attempts to do. The ordinance contains three main components, the first being DEFINITIONS - defining Recycling Center, which is where materials are taken after being collected to be crushed, sorted and packaged and made ready to process into other things or trucked away. Recyclinq Collection Station, which is the more intense of the two collection station types that would allow the collection of all kinds of things. Recycling Collection Station Limited would allow the collection of glass, tin cans, aluminum, cardboard, newspapers, magazines, plastics and other recyclable in small units, but would not include furniture, large appliances, auto parts, tires or TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 15 of 19 hazardous liquid waste or any form of garbage. The second component is the development of STANDARDS. The following' standards would only apply to public facilities: (1) gravel, concrete or asphalt on the surface; and landscaped according to landscaping requirements of any business; (2) fenced or some kind of containment and locked between the hours of 8:00 P.M. and 6:00 A.M.; (3) no lighting between 8:00 P.M. and 6:00 A.M. (4) a sight- obscuring fence or wall along the sides and rear lot lines, particularly in residential areas; (5) wire/chain link type fence would be required where it abuts the street; and the area must be monitored and maintained in a clean safe and healthful manner. Private collection facilities related to a business, such as K-Mart or a large apartment complex, designed to sort their own recycling products would be exempt. There are several ways to allow types of uses outright, if it is a type of use that is not a problem in a particular zone. In other cases, if there is something that the City needs to look at or it is not clear as to what it might look like when it comes through the Planning office, they might attach the Special Use designation, which can be approved administratively or by the Planning Commission. The intent of the ordinance is to allow more uses outright and fewer uses by Special Use Permit. The third component is the Land Use Table, which now reflects Recycling Center, Recycling collection Station and Recycling Collection Station (Limited). What is being proposed is a recycling center allowed by a Special Use Permit in the Industrial Park Zone and allowed outright in the Industrial General Zone. The Recycling Collection Station would be allowed with a Special Use Permit in a General Business, Shopping, Industrial Park and Industrial General Zone. The Recycling Collection Station (Limited) would be allowed virtually anywhere. The Planning Commission has recommended to Council approval of those kinds of facilities outright in all zones. Mr. Hough noted Council may want to reconsider that particular point based on some comments about whether or not they would be appropriate in all zones. He pointed out the City recently approved a Recycling Collection Station about two months ago in a General Business Zone on Kitsap Way. As of this date, there has not been a request for an appeal on that proposal and he views this as a test case. Mr. Winters questioned Mr. Hough's comments regarding the "test case" application? Mr. Houqh stated it was not designed to be a test case, but it is a test of the proposed design standards, which is the first time they have been applied to an actual Special Use Permit. Mr. Winters asked if the City had received applications for such facilities prior to the Kitsap Way facility? Mr. Hough stated not to his knowledge. He has talked with people about putting recycling facilities in other zones, but those were denied TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 16 of 19 because they were not allowed in those particular zones. Mr. Montgomer]F asked the zoning designation and if any restrictions were place on the Kitsap Way recycling facility? Mr. Hough stated it is a recycling Collection Station with a Special Use Permit under General Business. The following comments were made by the individuals listed: Elizabeth Buell, High Avenue; Tom Trlggs, 700 D Werner Road; John Thomas; James Castle, 3415 Mathews Drive W.; (1) If the citizens of Bremerton have to pay Brem-Air Disposal for recycling we don't need recycling centers. (2) There is a need for a place to dispose of cardboard and other recyclable materials not already collected by Brem-Air. (3) Concerned such a facility will draw mice and rats. (4) According to current City ordinances, no permit should be issued for a recycling center in the City. (5) Under current City law every recycling container in the City of Bremerton is illegal by the Land Use Table. (6) The City telling a business they must shut off their security lights at 8:00 P.M., is inviting thieving. (7) Special Use Permits in Industrial Park Zone is another ticket to "procrastination and infringement on freedom" by Planning Department when a developer tries to fit a recycling facility within the City. (8) The proposed ordinance is a way to get recycling business back in Bremerton. (9) Recycling Centers should not be located in residential areas. (10) Because the City's process for issuing a Special Use Permit took so long, the developers of the proposed recycling center on Kitsap Way lost their site and must now reapply for a different location. (11) A lot of the misconception about cleanliness of recycling centers came about when absentee owners took over Peninsula Recycling. (12) Did not want a recycling center located in a residential area. Mr. Hough stated in response to Mr. Castle's questions about how long it would take to start over the permit process, Mr. Castle has an active Administrative approved Special Use Permit, which required the surrounding property owners to sign off on the request and would be usable within a year. In response to Mr. Triggs comments about the lighting between 8:00 P.M. and 6:00 A.M. applied only to residential areas. If that facility was located in an Industrial Park Zone or a Commercial Zone, those standards would not apply, i.e., lights could be left on all night, closing time would be not limited to 8:00 P.M. Mr. Farr stated he supports recycling and wants to see it brought back into the City. Responses from his constituents have been in support of having a drop off site for recyclable items. He strongly disagreed with the proposal to allow recycling center stations in residential neighborhoods. He believed there are abundant zones where such facilities can be placed without bringing them into the residential neighborhoods. TAPE #1361 City Council Reg. Mtg. Minutes February 28, 1996 Page 17 of 19 Mr. Colvin stated he is in support of having a recycling center in Bremerton, but not in residential neighborhoods; and he was concerned about the possibility of such areas being littered with debris and garbage. M:. Hough stated if Council wanted to exclude residential neighborhoods, then Recycling Center Station (Limited) should be removed from the first four categories on the Land Use Table or any others that might be objectionable. Mr. Winters thanked Mr. Castle for providing the opportunity to recycle when he owned Peninsula Recycling Center. He questioned, how did the decision to allow location of recycling centers across the board on the Land Use Table get through the Operations Committee?. He expressed emphatically that common sense would have told him that there are certain areas that certain zoning and items should be allowed. A few months ago, he was contacted by residents of a mobile home park about their having to pay for dumpster service in their park as well as being billed individually, including the cost of recycling. He supports making changes to allow entrepreneurs to pursue the freedom of being in business, but in the right places and under the right conditions. He also acknowledged the importance of lighting as a safety issue and felt that standard needed rethinking because of the benefit derived by the business owner and surrounding area. He expressed concern over how the City has dealt with Brem-Air over the years; however that is another issue. He also felt the City had been very slow in bringing the proposed change forward. Mr. Montgomery stated in answer to Mr. Winters earlier question, the Committee does not make changes on issues prior to presentation before the full Council. The committee can make recommendations and it was the their decision to recommend that the issue be presented to the full Council as presented instead of being sent back to the Planning Commission or Planning staff. Mr. Winters stated his question is how did we get to the point before it came to Committee? Mr. Hough explained Planning staff saw drop or collection station as limited to a small scale for aluminum cans, paper, etc., which would be minor facilities that could be accommodated fairly easy within neighborhoods, almost as an accessory to a neighborhood. And, it may be an alternative to curb side pick up some time in the future, or it may be useful to pick up items that are not picked up as part of the curb side recycling program. Such a facility could be a small dumpster placed on a corner or alley. But, they concluded design guidelines were needed in order to have control and not just leave it wide open. It is a liberal beginning, but if Council desires they can trim it back to selective areas. TAPE #1362 Mayor Horton reminded Councilman Winters that she has very professional staff members and they go through a process with the TAPE #1362 City Council Reg. Mtg. Minutes February 28, 1996 Page 18 of 19 staff, Council and in some instances with the community. Mr. Winters had an ample opportunity to raise his question with Mr. Hough as to how he got through the process developing this issue and she saw no reason for him or any other Council member or anyone else at a City Council meeting to try and embarrass any staff member, Council member or anyone else. She resented the implication that the staff is incompetent. Mr. McConnell asked why are the proposed standards mandatory, but applied voluntarily? Mr. Hough explained the standards would be required for any recycling collection station open to the public, and are voluntary for any collection station that is exempt from those regulations, such as on-premise collection facilities for a large apartment complex, mobile home park, business complex, etc. Mr. M~Oonnell asked if a commercial Recycling Collection Station (Limited) could be set up in all of the designated areas. Mr. Hough stated yes, it doesn't specify if it is commercial, organizational, or a private operation. Mr. McConnell questioned why can't a collection station be allowed outright in an Industrial Park area? Mr. Hough stated Recycling Collection Station (Limited) is allowed outright in all zones because it comes with design guidelines. The recycling collection station that is not limited is the one they want to look at more closely. Mrs. Huff-Menees stated she felt there was an unfortunate over reaction to the issue of this use in a residential area. She reminded everyone that we have had a very successful recycling drop off center up against a residential area and the entire residential area and surrounding residential areas were saddened to see it relocated to a distant industrial site. It is not as though this is some outrageous idea that was inappropriate utilized in this situation. Mr. Overson pointed out an example of a limited recycling operation located between 5th and 6th Street at an apartment complex, which appears to be working without any visible problems. President Law raised the question what would happen if a Special Use Permit was used for Recycling Center Station (Limited) within the first four areas on the Land Use Table? Mr. Hough stated it would require a permit process that is more substantial than would be allowed otherwise. If the zoning area has an "A" designation, it would require a site plan review. A Special Use Permit could be handled administratively, but is a little more detailed and provides more notice to the surrounding property owners and it may go to the Planning Commission if someone registers an objection. The Special Use Permit process allows public input ahead of time and the allowed outright process allows public input through an appeal process. #0207 TAPE #1362 City Council Reg. Mtg. Minutes February 28, 1996 Page 19 of 19 M/S/C/U(McConnell/Montgomery) to approve ordinance on first reading, with the following modification to the Land Use Table: delete use in SF-1, SF-2, SF-3 and DR, MF, CBR, MR and HD allowed with a Special Use Permit and all other zones be allowed usage; to amend the Bremerton Zoning Ordinance to better accommodate recycling facilities and amending Chapter 21.02 of the Bremerton Municipal Code. Mr. Overson strongly urged non passage of the motion as presented by Mr. McConnell. He supports the proposal as presented by staff and if there is any intent to vary from what is proposed, an amendment should be presented, not a rewrite of the ordinance. Mrs. Huff-Menees supported Mr. Overson's position and reminded Council this item was unanimously approved by the Planning Commission. Vote on motion: Motion carried. In Favor: Colvin, Winters, Farr, Montgomery, McConnell, Law Opposed: Overson, Neville, Huff-Menees With no further business meeting adjourned at 8:50 P.M.. KATHLEEN L. McCLUSKEY, City Clerk City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault