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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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:
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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.
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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
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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.
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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
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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
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