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HomeMy WebLinkAbout04/17/91TAPE #884 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #00090 #0022 APRIL 17, 1991 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, April 17, 1991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny"Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Chaplain Ken Morita of Jackson Park. CONSENT AGENDA A. Minutes Of Meeting - March 27, 1991, #AB91-096 B. Minutes Of Meeting - April 3, 1991, #AB91-097 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as presented. CLAIMS/WARRANT 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/Waibel) on April 17, 1991, the Council does approve for payment those vouchers included and further described as follows: 127653 through 127829 in the total amount of $267,090.54. COUNCIL MEMBER REPORT8 Mr. Overson pointed out the Turner Joy is in place and he was sure the Mayor viewed it as a challenge as no one can get out on to it and that may prompt him to move quickly on the waterfront boardwalk project. Mr. Estes reported Ivy Green Cemetery was getting some attention. Derick Cronkitel, representing Chief Kitsap Lions Club and masonery man, put a white stucco coat on the Tomb Of The Unknown Soldier, improving its shape as well. He announced Bob Sauter was looking for volunteers for a work party at the cemetery this Saturday, starting about 10:00 A.m. TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 2 of 16 party at the cemetery this Saturday, starting about 10:00 A.m. Efforts will be made to get the cemetery in shipshape condition as there will be a major ceremony there this summer. In a week or two the monument to the USS Saratoga sailors should be in place. Mr. Homing extended a hearty "welcome Turner Joy" to Bremerton. He extended a special "thanks" to Kitsap County Commissioners for their financial help on the Sports Complex. He hoped to be able to formally thank the State for their financial assistance for the Admiral Theater very soon. Mr. Waibel reported he enjoyed the opportunity to watch the Turner Joy being moved to its new moorage. On Tuesday, April 16, along with a number of other Council members, he attended the Council Coalition Dinner meeting hosted by the City of Winslow. The program for that meeting was a presentation by the Evergreen Policy Group on the growth management impact fees policies, procedures and intents to create ordinances. This is a very complex issue and he felt before the City could implement anything there needed to be lots of study. A number of questions were raised by Bremerton's Council members that had not been thought through very well prior to that meeting. He offered the fact that 48% of the housing in Bremerton was rental properties and that would affect how to calculate the impact and what the impact fee structure would be. It was his understanding that the State was saying we give you the opportunity to have developers help you with the impacts, but we'll probably take away State funds because we are letting you do it, as well as a process that no one can implement. Mr. Johnson stated as a follow up on Mr. Waibel's comments regarding the issue of impact fees, he was concerned that the people who were hired to develop the model ordinance had a lot of expertise in County and rural type atmospheres where development included major subdivisions, plotting of properties, etc. Any of the questions that were fielded and talked about redevelopment, developing on already platted land, etc.., brought very little substance in their responses. He felt it would be a lot longer to develop the appropriate structure for impact fees due to its being so complicated. So far, there were only four impact fee ordinances in effect in the State of Washington, all of them having been written by Counties. He thanked Kitsap County for their help in getting a Sports Complex. With their input we'll not only be able to have softball fields but will help the soccer community as well, plus other type amenities. TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 3 of 16 He extended a "thank you" to all the people who worked hard to bring the Turner Joy to the Bremerton waterfront. In regard to the Puget Sound Regional Planning Council, he talked with Seattle City Council members and Mayor Rice's office to get a perception of what the east side of the Sound sees happening with Kitsap County. He emphasized that there was no doubt that the harbor cities, Seattle and Everett want us as a member of that organization. People who don't have a harbor worry more about I-5 traffic and light rail transportation. Also, talking with people in the Bremerton area about regional transportation issues brought out that effort should be focused on where roads will be located and where the land is. That may mean that it was more important locating a road to Belfair and/or Port Angeles than it is the ferry traffic. One idea he discussed with several people and received mixed response, was the greatest transportation asset in this area was not managed by anyone ...that being Puget Sound. And, possibly there should be some thought given to some type of organization, counties/cities/major Port Districts, that actually border on Puget Sound, and try to use the Sound to enhance those transportation plans. Right now no one is look into this possibility. He is working on an enabling ordinance that would legalize the establishment of Public Corporations, Authorities and Commissions in the City of Bremerton. He had no idea who would want to do one of these, but it is a growth tool, economic development tool or can also be used to further arts, parks, etc. (Pike Place Market is one example). Mr. Colvin expressed his pleasure of seeing the Turner Joy on the waterfront and he congratulated all the folks who worked hard getting the ship in place. He viewed the County's financial commitment to the Sports Complex as a real coup. He noted the City did not always agree with the County but there were areas they could work together for the betterment of the City and County. Today he met withAmy Bernett and her father and toured their new retail space outlet on Pacific Avenue. He wished them a lot of luck and hoped others would stop by and encourage Amy on her project. Mr. Dawkins reported on the Christmas In April project scheduled for April 20, when four house in the City will be refurbished by volunteers. Work will include new roofs, interior and exterior paint jobs, new carpeting etc. He commended Connie Devaney and the Mayor's staff for coordinating this program. TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 4 of 16 Mr. Collins stated he spent all last Friday watching all phases of moving the Turner Joy. He noted that the viewing platform on the waterfront was a wonderful place to be, but it lacked a American flag. He hoped some money could be found in a miscellaneous fund for purchase of a flag. He attended the County Commissioners' meeting on Monday, where they became a willing participant in the Pendergast Memorial Regional Sports Complex at Bremerton, WA. He was very pleased with their involvement in this project. On Tuesday, April 23, there will be a public meeting on the new highway into Bremerton. It will be from 4:00 PM to 8:00 PM, at the West Hills Elementary School. There will be an open house, 4:00 - 5:30, where maps and drawings of the proposal could be viewed; at 5:30 there will be a presentation by Parametrix, Inc., then questions and answers. The Mayor and he have been contacting people and he encouraged everyone who live in the areas to be affected by the proposed highway to attend this meeting and let their thoughts be known. Mrs. Hotton reported she received an unsigned letter from a Bremerton resident this past week and the writer requested that the letter be read into the record. Due to the lack of a signature, she did not feel it was appropriate to present the letter, however, if the person who wrote the letter would contact the City Council office and give their name, then she would read it into the record. This morning she attended the Flagship meeting, where discussion included the Sports Complex and the County's participation, Turner Joy, expansion of Gold Mountain Golf Course. It occurred to her at that meeting that 11/2 years ago this group was saying "we have to do this and that", but now we are there! PUBLIC RECOGNITION Mayor Louis Mentor extended special thanks to the Pendergast Committee and the Parks Board for their hard work on the Sports Complex project. He too was pleased to see the Turner Joy on the waterfront. He participated on the Turner Joy Committee in 1988, was part of the group that went back to Washington, D.C., in 1989, and now it is a wonderful sight to see it in place in 1991. He reported the City would receive a donated flag to be flown from the waterfront viewing platform. That flag will be 10 ft. by 14 ft.,and will be flown on special occasions. A smaller flag will be used on a more daily basis. He also was pleased to be part of the Christmas In April program and appreciated the excellent story published in The Sun. He was still receiving calls from people wanting to volunteer to help as well as those who want to apply to be recipients next year. In reference to the work TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 5 of 16 being done in Ivy Green Cemetery, Richard Holden, a Tacoma Vietnam veteran, volunteered to repair the chain link fence behind the Tomb Of The Unknown Soldier, at no charge to the City. Mayor Mentor read a Proclamation proclaiming April 23, 1991, as NATIONAL YOUTH SERVICE DAY. Mayor Mentor read a Proclamation proclaiming the week of April 21 to 27, 1991, as WASHINGTON'S VICTIMS' RIGHTS WEEK. De1 Knauss, 139 Olympic Avenue, representing the Friends of the Parks, announced this group filed a Court Order to show cause against Olympic College, City of Bremerton, Washington State and the State College Board. He read the following: "City of Bremerton, Olympic Community College, Washington State Board of Community College Education and the State of Washington are directed to appear at the Kitsap County Court House, 614 Division Street, Port Orchard, WA, before Civil Motions Judge or such other judge as this matter may be assigned the 10th day of May, 1991, 9:30 AM or as soon as thereafter as the matter may be heard and then there to show cause why all further actions by the City of Bremerton and Olympic College in furtherance of the conveyance and acquisition of Roosevelt Field and all actions by the State Board Of Community College Education and State of Washington in furtherance of the acquisition of Roosevelt Field for Olympic Community College should not be state pending the deposition of the review by this Court and legality of the parties actions". He reported his group raised the money themselves for this filing and he encouraged anyone within the community who wished to donate to this cause to mail donations to 280 Fourth Street, Bremerton, WA 98310. The following individuals Spoke on the importance of maintaining current parking lot spaces located on Roosevelt Field, that serve the Sons of Norway Hall: Peter Strom, 1913 Trenton Avenue; Harold Tompkins; Glenn Jarstad, 2823 Hefner; Carl Grahn; Mr. Mathison, 5820 Lafayette; Derrick Cronkite. This group of individuals requested that the City of Bremerton provide a guarantee that the Sons Of Norway organization would not lose their parking spaces granted to them at the time they received approval to build their current facilities. They outlined the valuable services the Sons Of Norway provide to individuals, and groups who rent the hall facilities. Ian 81evers, City Attorney, stated he believed the City had already addressed their concerns on this issue. George Misoner, 31st Street, stated he was attempting to build TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 6 of 16 a home on that address and the Health Department will not allow septic fields in that area, so his home is pending the extension of the sewer line. He encouraged the Council to vote favorably on a proposal for extension of the sewer line in that area that will be brought to Council in the near future. He questioned if there was any problem with funding that project? President Horton stated she would have a Department Head respond back either by a phone call or letter on his question. Don Larson, 135 Rainier Avenue, Chairman of the Dyes/Sinclair Inlets Citizen Advisory Committee, gave an update on plans for a waterfront clean up on April 20. He received an application form from the United Nations titled "Global Youth Forum On The Environment". This application is for youth programs on the environment and if someone was interested in submitting this application they could use the Earth Day activities planned for April 20 in Bremerton as a project subject. Students are encouraged to create a video presentation of their project to be shown on the day of the Forum. Deadlines for submitting the application are May 1 and May 15. The application form will be left in the City Council Office. Coming up on May 18 there will be Low Tide '91 event through out the Puget Sound area. For more information people may call 1-800-852-3514. Lorraine Inabinette, Kitsap County Project Family, thanked the City Council and Bremerton City officials for supporting Project Family's Radio-Thon. They are still accepting pledges for this special effort. On Sunday, April 21, 3:00 PM, the Bremerton Symphony is hold a Children's Concert, at the Bremerton High School Performing Arts Center, admission is $1.00 donation per person. If anyone needed more information they can call 373-1722. Ms. Inabinette announced there will be a Victims' Candle Light Vigil on Sunday, April 21, 8:00 PM at the Kitsap Pavilion. Morgan Steth, East Bremerton resident, questioned if Brem-Air Disposal Inc. was the only garbage collection company in Kitsap County and are they the only firm that will be negotiated with for the new garbage contract? He questioned if the City had considered going into its own garbage collection service? President Hotton stated someone would get back to Mr. Steth, in writing, responding to those questions. Mr. Steth stated he noticed the City passed an ordinance relating to careless driving. He felt this was done to just go after more money. He did not feel it was clearly defined what the charge would be based on. He also questioned if people driving with boom boxes blaring loudly would be cited for careless driving due to the distraction brought on by the #1868 TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 7 of 16 excessively loud playing of boom boxes? President Horton requested Chief McNeal to respond to Mr. Steth's questions on the Inattentive Driving Ordinance and requested Mr. Gil Johnson to respond, in writing, on the Brem-Air contract negotiations. 6A - CRIME STOPPERS PROGRAM/INTERLOCAL AGREEMENT TO INCLUDE CITIES OF BREMERTON, PORT ORCHARD, POULSBOAND KITSAP COUNTY, #AB91-098 The State of Washington has authorized the City of Bremerton/Police-Crime Prevention Bureau to receive a grant for setting up a local "Crime Stoppers Program". Each agency is responsible for some on-site support such as phones, etc., but the agreement will be a cooperative effort between the cities and Kitsap County. The money has been budgeted for the year 1991. Chief De1 McNeal, Police Department, stated this is a grant received from the Attorney General's office to set up a Crime Stoppers program in the community. There is a civilian board that oversees the program and the proposed agreement is just a housekeeping matter to make sure that all the agencies in the County are on line to cooperate in the process. As this program develops, the Board will raise enough funds to make it self-sufficient. Currently, we supply phones and manpower to answer those phones and these responsibilities are shares by the other agencies. Public comment - none. Mr. Dawkins questioned if this area would be developing as large a Crime Stoppers Program as the cities of Seattle and Tacoma? Chief McNeal stated locally they would be using local newspaper and radio services. If they need television exposure then they will probably go through the Tacoma Police Department Crime Stoppers or King County Crime Stoppers programs. There is the possibility of using the local Cable Access Channel as well. M/S/C/U(Waibe1/Collins) to approve the Interlocal Agreement. 6B - INTERLOCAL DRUG TASK FORCE AGREEMENT BETWEEN KITSAP COUNTY,JEFFERSON COUNTY ANDCITIES OF BREMERTON, PORT ORCHARD, POULSBO AND WINSLOW,#AB91-099 Setup the Interlocal agreement between the various cities and Kitsap and Jefferson Counties for the County-wide Narcotics Grant. #2028 TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 8 of 16 The funding source is through a State Grant which is budgeted for 1991. Chief De1 McNeal, Police Department, stated this started out with both the City and Kitsap County applying to the State for a drug grant. The State requested that the City and County join together and submit one grant application, which they did. It was awarded through the Sheriff's office originally with City's Sergeants running the program and the City provided office space. Chief McNeal and Sheriff Jones agreed to make the City the lead agency on the grant and the proposed agreement provided the housekeeping actions to formalize this process. Jefferson County is included in the grant as they were part of the Sheriff's Office original proposal. Public comment - none. Mr. Collins commended Chief McNeal for pursuing such a grant and was pleased to see all of the local law enforcement jurisdictions working together for the protection of the greater community. M/S/C/U(Collins/Dawkins) to approve the Interlocal Drug Task Force Agreement. 6C --LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTONAND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 - CHIEF OFFICER8 1991, #AB9-100 The Labor Agreement between the City and the International Association of Fire Fighters Local 437 Chief Officers has been negotiated in conformance with Council Direction and covers a one-year period beginning January 1, 1991 and ending December 31, 1991. All Articles remained the same as the existing agreement except as follows: Article 5. Article 13. Wages 6.5% January 1, 1991 Longevity of 5% beginning with 26th year Clothing and Uniform Cleaning Allowance Cleaning allowance payment eliminated - expense reimbursement for cleaning costs to begin 12/91. Caroline Marshall, Director Of Personnel, stated Council had seen this proposal previously and she would standby if Council had any questions. Public comment - none. #2098 TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 9 of 16 M/S/C(Collins/Colvin) to approve the Labor Agreement by and between the City of Bremerton and the International Association Of Fire Fighters Local 437 Chief Officers for the period January 1, 1991, through December 31, 1991. Vote: In Favor: Abstain: Overson, Estes, Horning, Horton, Collins, Dawkins, Colvin, Johnson Waibel 6D - LI~OR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTONAND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 1991- 1992, #AB91-101 The Labor Agreement between the City and the International Association of Fire Fighters Local 437 has been negotiated in conformance with Council direction and covers a two-year period beginning January 1, 1991, and ending December 31, 1992. Articles remained the same as existing agreement except for the following: Article 5. Wages 6.5% January 1, 1991 90% of Seattle CPI-W July 1991 Index Minimum 4% - Maximum 6% January 1, 1992. Firefighter/Paramedic and Firefighter/ Prevention salaries were equalized ($15/month added to Firefighter/ Paramedic) Three Employees with specialized training in maintaining Self- Contained Breathing Apparatus (SCBA) equipment will be paid an additional $50/month in 1991 and will receive the same pay as other equipment maintenance employees receive in 1992 (approximately $100/month). Lieutenant/Paramedic was eliminated and Deputy Fire Marshal (new position added in 1990) was added. Article 6. Hours Of Work - no changes except as follows: Added restrictions to shift exchanges (6.6) desired by the Fire Chief--exchanges between employees of the same classification only unless Chief approves otherwise; newly hired employees not eligible for six months. Article 7. Overtime - no changes except as follows: #2218 TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 10 of 16 Added restrictions to call back (7.9) desired by the Fire Chief--call back by rank needed unless same rank not available to work overtime. Article 8. Vacation Leave - no changes except as follows: Added restrictions to vacation scheduling (8.3) desired by the Fire Chief -- vacation days not available for same day selection if shift is at a minimum. Article 10. Sick Leave And Industrial Disability - no changes except for correction of arithmetic error for shift employee maximum accrual from 1260 to 1440. Article 13. Insurance Benefits - same plans and premium payment arrangement as provided in 1990 excepting City payment to LEOFF II disability insurance increased from $17 to $20 per month. Caroline Marshall, Director Of Personnel, stated all changes had been listed and she would standby to answer any questions Council may have. Public comment - none. Mr. Dawkins pointed out the added safety effort in providing training personnel for the self-contained breathing apparatus equipment. Mr. Overson complimented Ms. Marshall on the format of the information provided. He questioned if firefighting was still the most dangerous occupation in the United States? Ms. Marshall stated yes. M/S/C(Collins/Dawkins) to approve Labor Agreement by and between the City of Bremerton and the International Association of Fire Fighters Local 437 for the period ending January 1, 1991 through December 31, 1992. Vote: In Favor: Abstain: Overson, Estes, Horning, Horton, Collins, Dawkins, Colvin, Johnson Waibel 7A - INFORMATION ITEM -ORDINANCE (FIRST READING) AUTHORIZING THE ISSUANCE OF $1.855 MILLION GENERAL OBLIGATION AND REFUNDING BONDS, #AB91-102 The voters approved the Bond Issue in the November 1990 Special Election. TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 11 of 16 City staff worked with Seafirst Bank and Bond Counsel in preparing necessary schedules and documentation required for this Ordinance. Rich Hanna, City Treasurer, stated he would present this proposal as an "information item" only at this time due to the need to have it read as an "emergency reading" one week following in order to the meet the best pricing offer. Several of the expenditure items had been previously approved by Council. The new money portion of the Bond is the is 1.5 million dollars authorized by the taxpayers. In addition to those funds the City is refinancing the still outstanding portion of a 1983 bond. The reason for that is that the interest rate on that bond is substantially higher than the current market conditions. By using this process at this time the City can save the taxpayers $100,000. A rating has been applied for but had not yet been granted. The underwriter of the bonds will be Seafirst Bank and one of the reasons the City pursued this bank was the fact that they were willing to carry out a local marketing effort in selling these bonds, so that the citizens of Bremerton could be on the receiving end and have an opportunity to make an investment in Puget Sound. If anyone in the community is interested in investing in these bonds, they can contact any of the local Seafirst branches. He advised the Council as elected officials they would not be eligible to participate in this opportunity. Public comment - none. Mr. Waibel noted this item had been before the Council Fiscal and Budget Committee and because the ordinance was rather large, he requested Mr. Hanna to review the process as outlined in the document. Mr. Hanna briefly reviewed the process stated above and emphasized the high points. Mr. Overscnquestioned if an "emergency" reading would require a full Council unanimous vote? Mr. Sievers stated it would require a unanimous vote of those Council members seated. 7B - ORDINANCE #4320, (SECOND READING) ESTABLISHING ROOSEVELT FIELD REPLACEMENT FUND, #AB91-093 Ian Sievers, City Attorney, suggested the following change: Section 3.23,010, first sentence, change "special" to "expendable". Vicki Vanneman, Parks and Recreation Director, stated the Parks Board members had the opportunity to review the #2994 TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 12 of 16 ordinance and made the following recommendations: (1) include the words "and expansion" in the title, so that it would read: "An Ordinance establishing a trust fund for replacement and expansion of recreational and open space uses of Roosevelt Field.";(2) change the words "Roosevelt Field Replacement Fund" to "Capital Assets Fund" (wherever stated in the ordinance); (3) Section 3.23,030, deleting second sentence and substituting the following: "City Council will consult with Parks and Recreation Commission before approving expenditures of these funds. Parka and Recreation Commissioners will be guided by the current Bremerton Parks and Recreation Comprehensive Plan". President Hotton reported that prior to the Council meeting there was discussion about the need for keeping the wording: "All monies received by the fund toqether with investment earning thereon and may be expended only the authorization of the Council". Public comment - none. Mr. Johnson stated he agreed with the input from the Parks Board, however, he desired to take it a step or two farther. He suggested the following wording: Section 3.23.010 "There is hereby established an expendable trust fund to be called the Roosevelt Capital Assets Fund for expansion and improvement of parks. recreation and open space needs of the community."; Section 3.23.030, leaving in the second sentence as addressed by Council President and noted above. And, each time the words "recreation and open space needs" appear he added the word "parks" so that it would read "parks. recreation and open space". He pointed out this also included expenditure money to manage any of the properties or assets. Mr. Overson suggested a change to Section 3.23.030, first sentence to read as follows: "City Council will consult with Parks and Recreation Commission before approving commitment of these fund." Mr. Waibel stated the suggested changes do clarify the intent of the first reading of the ordinance, clarifying the relationship between the Parks Board and Council. M/S/C/U(Waibel/Dawkins) to pass Ordinance #4320, establishing a trust fund for replacement of recreational and open space uses of Roosevelt Field, as amended. Councilman Overson left the Council meeting at 7:12 PM. TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 13 of 16 8A - CONTINUED PUBLIC HEARING - TO CONSIDER A PROPOSAL TO AMEND THE ZONING ORDINANCE TO ADD A NEW "ZONING ORDINANCE EXCEPTIONS" PROCESS, #AB91-095 Ron Hough, Planning Manager, informed the City Council that he had amended the wording of the proposed Zoning Ordinance Exceptions process to address the concerns expressed by the Council at its April 10, 1991, public hearing. A new Section "B" was added to allow exceptions to provisions of the Zoning Ordinance with the exception of (1) the uses permitted in a zone, (2) residential densities, (3) procedures, and (4) definitions. The first criterion of Section "C" was amended to delete the term "substantively". Two new criteria were added, at the suggestion of the City Attorney's office. They were distributed to the Council earlier as an Agenda Bill addition. It is also recommended that the title f this section be amended to "Zoning Ordinance Special Exceptions". Mr. Hough pointed out that several Zoning Ordinance chapters include specific exceptions. This title change would help clarify that this new process deals with "special" exceptions, not otherwise provided for. Public comment - none. Mr. Waibel questioned if signs were part of the ordinance? Mr. Hough stated yes. Mr. Waibel .questioned if he were running for Mayor and wanted a 40 foot high sign in someone's front yard and the owner and all neighbors agreed to that would that be allowed? Mr. Hough stated not necessarily, but if the neighbors agreed then it could be processed administratively and would depend on the Director's decision, which could be appealed to the Planning Commission. If the Director feels it is a significant enough request he could forfeit it to the Planning Commission for a public hearing. He believed there were enough safeguards to assure that decision would not be too likely. Mr. Waibel questioned who would appeal it if all the neighbors agreed? Mr. Hough stated anyone could appeal the decision. And, the sign would only be allowed temporarily and the election could be over by the time the appeal was heard. Mr. Waibel noted the ordinance would allow an extension of that time. Mr. Hough stated that was possible. Mr. Waibel questioned what grounds would be used to turn down a request for an exception that has the full agreement of affected neighbors? Don Pratt, Director of Community Development, stated as he read the conditions necessary for that he did not believe he would have any problem turning down such a request. The Exceptions Ordinance was clearly written for the things that are "close calls". He would call that situation a "close call" having a sign that large up beyond the allowable seven days. There is a sense of TAPE #913 City Council Reg. Mtg. Minutes April 17, 1991 Page 14 of 16 community outrage that has some bearing on the responsibilities that he bears in making responsible decisions as the Director. There are mandates that are required for him to make professional decisions. Mr. Waibel pointed out the High School put up a sign and they wanted to run it at a faster speed and may have been a "close call" as to the neighbors all agreeing to that happening. He questioned if TAPE #913 the Director would have approved that? Mr. Pratt stated as long as there was effort underway promoting a change to the Zoning Ordinance and was corrected, it was allowed to stay and that was how he chose to handle that situation. He acknowledged that was a lenient decision. Mr. Waibel reminded Council that they did put into effect a rather well thought out Zoning Ordinance and did allow variances from that and now this proposal was stepping even farther. Mr. Pratt stated he believed those questions were well placed. The Zoning Ordinance was one of the more subjective ordinance in the City, including a lot of judgement called. He emphasized the exceptions clause was the minor case of some broad discretion that his office has. But, there is a clear appeal process in the proposal and anyone wishing to appeal such a decision does have the right to be heard. There are no right or wrong in some of those decisions, it is all a sense of community values and judgements. Mr. Waibel stated he hoped the whole Council was behind the fact that they do not take these changes lightly and the exceptions should be very scrutinized. President Hortonquestioned how many time in the last year had they been requested for such exceptions? Mr. Hough explained there are three or four people in their office who answer questions, so he could not give a specific number of such requests. If he took a guess, he would estimate one or two a month. Mr. Dawkinsquestioned how long would it take for an appeal to an exception decision to get through the Planning Commission, particularly in the caseof a political sign issue? Mr. Hough stated it would talk 1-2 months to get it on the Planning Commission agenda. Mr. Pratt stated that issue came up during one of the last campaigns and they developed a special enforcement process. They had available bright red "illegal" stickers and were prepared to plaster them over offending signs. They challenged any candidate to put up blatant illegal signs and within a day or two they could have an abatement process in effect that would allow stickering signs that were illegal. In the meantime, the sign would stay up while the appeals process was progressing if the candidate chose, but the sign would be appropriately slicksred noting its illegal plight. TAPE #914 City Council Reg. Mtg. Minutes April 17, 1991 Pagel5 of 16 ME. Colvinquestioned if Mr. Hough would have any objection to listing any exceptions and advising the Council of them or did they prefer the ability to grant the exception without notifying Council? Mr. Hough stated if this was adopted it would not necessitate notifying Council of those decisions. He stated previously that there may be two or three exception requests per month, however, he was not sure if they would all qualify for this process. Mr. Colvin stated he was concerned that the Planning staff would become overburdened from such requests. He questioned if it would inconvenience the citizens if the exceptions had to come before Council? Mr. Hough stated yes and inconvenience staff as well, due to the long process it takes getting issues before Council, such as advertising, posting property, etc. Once an Administrative decision was made there is a notification process that follows. The surrounding property are sent a notice and the property is posted as well. Mr. Collins questioned the number of actual variances were granted by the Planning Department during 19907 Mr. Hough stated he did not have that information available at this time. Mr. Collins clarified only those that were discretionary to the office. Mr. Hough stated most of the variances were processed administratively for very minor things, such as side yard setbacks, etc. Mr. Collins questioned could that amount to 100 per week, per year, etc. Mr. Hough estimated maybe 20 throughout the whole year. Mr. Johnson requested that an update report on the exceptions process be given at the January, 1992, Council Study Session. That report should include the Planning Director identifying how many exceptions were granted and what kind of situations they represented. If the building community all of a sudden goes crazy with lots of requests, he urged the Planning staff to come back to Council in May and give an update on what was happening. #0187 M/S/C(Johnson/Horning) to approve amendment to the Zoning Ordinance, adding a new Zoning Exceptions process, including adding #5 and #6 criteria as presented and that an update on the exceptions activity be given to Council at the January 1992, Study Session. Vote: In Favor: Estes, Horning, Waibel, Horton, Collins, Dawkins, Johnson Abstained: Colvin TAPE #914 City Council Reg. Mtg. Minutes April 17, 1991 Pagel6 of 16 With no further business meeting adjourned at 7:36 p.m. GiL--JOHNS/~6N,~~ty Ci~~t~ Clerk~ LYN~~HORTO~, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault