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HomeMy WebLinkAbout09/05/90 ' TA~E #764 UNAPPROVED DRAF~ ~ ~ ci?Y couNcn, M TE_S -$£P Z $'1990 SEPTEMBER 5, 1990 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, September 5, 1990 at 5:30 p.m., with Council President Lynn Horton. Council members present were 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 City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Lynn Horton and the Invocation was given by Reverend Doug Barker of the Olympic Evangelical Free Church. CONSENT AGENDA A. Change Order No. 4, SCHED B/Contract #3088 (Sheldrup Construction Inc.), Central Bremerton Wastewater Improvs. (C17), #AB90-228 M/S/C/U(Waibel/Co!vin) 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 which has been made available to the council. #0049 M/S/C/U(Colvin/Dawkins) on September 5 1990, the Council does approve for payment those vouchers included and further described as follows: 115895, 115897 through 115998 in the total amount of $232,734.46. COUNCIL MEMBER REPORTS Mr. Overson stated he was glad to be back and that he had taken a tour of the downtown waterfront and noted the new observation tower was complete and made a good cornerstone for the rest of the waterfront development. ~_~.~te~ announced on September 15, 1990, 11:00 AM at the Ivy Green Cemetery there will be a ceremony unveiling the headstone for the grave of John Nibbe, a M~al Of Honor recipient. As he doorbells throughout the 35th District, he promoted Bremerton as the #1 City and a lot of people were not aware of this fact. Not everyone in the 35th District lives in Bremerton so he is including the promotion to include the "Olympic Peninsula" because everyone knows it is also the #1 area. M_r.~__~r__n~D~ reported kids are back in school today - please drive TAPE ~764 City Council Reg. Mtg. Mindtes September 5, 1990 Page 2 of 38 safely. He attended a 'Block Watch meeting on North Montgomery, where Officer Steve Emm gave an excellent presentation on crime watch in neighborhoods. He encouraged anyone interested in getting this program in their neighborhood to call Officer Emm. Caring for one another is what-makes Bremerton and all other parts of this world a safe and successful place to live. On Monday the Labor Unions sponsored a picnic and 10K Race. The weather was great and it was a fabulous turnout and Lions Field was super. He attended the Council Of Governments meeting this date and the results of that meeting will be forthcoming. Growth management is on the table and it is not a simple matter. Mr. Waibel congratulated to Bremerton Main Street and the Blackberry Festival'Committee for their very successful event this past weekend. He noted it was probably the best attended event in the City since the Armed Forces festival. The food and craft booths were excellent and at times they had difficul~ keeping up with the crowd. He enjoyed the kiddies parade, partly because he and several other Council members were a part of that parade. Mayor Mentor also participated in the kiddies parade - he stood a little taller than anyone else as he was on his stilts. At the festival he talked with two ladies from Florida, who were very complimentary about the City and about the activities going on at that time. They had heard that Bremerton was the %1 city and decided to take the ferry'to Bremerton and see for themselves; -and walked into the activities of the Blackberry Festival. He noted recent literature put out on the Admiral theater Ballot issue contained some misleading information indicating the City would actually change the law that limits leases in the City to 10 years - we, the City, are not going to change the la, but want to make an exception for the Admiral Theater so that they can have a 50 year lease. He hoped that the literature that has gone out to promote this ballot issue will be corrected. Mr. Johnson stated he received information that the Department Of Fisheries was going to pull the plug on Kitsap Lake. What they plan to do is to do some repair ~ork on a spillway located at the north end of the lake. He noted that since a property along Kitsap Way received a rezone from Neighborhood Business to General Business, the lack of dumps~ers was apparent ~ons~deri~g th~ amount of trash lying on the grou~d~ He requested that someone from the City or Health Department check into this situation. Concerning the College Board Of Trustees and their action to proceed with condemnation of Roosevelt Field - personally he thought it was terrible when they try to steal 47~ of the Parks property in the downtown districts of Bremerton. The College does have other options and he had offered some Proposa~ to the College last June, which were never responded to, either by a phone call, letter, etc. ~F_=_~o%~ reported he also participated in the kiddies parade on Sunday, he was dressed up as a pirate and had a great time. He acknowledged the Blackberry Festival was good for Bremerton and TAPE #764 City Council Reg. Mtg. Minutes September 5, 1990 Page 3 of 38 there were lots of visitors from out-of-town. Citizens had asked him about the public hearing on the College's -request for condemnation of Roosevelt Field and he hoped that someone on Council had specific information as to where and when the public hearing would be held. He attended the Parking Advisory Committee meeting and was pleased with all the members of the board, but was still not pleased with the ordinance. He announced if he leaves the Council chambers at 7:00 PM, it will be to move his vehicle that is parked in a 2-hour zone and needed to be moved to a different zone for the remainder of the meeting. Regarding the Admiral Theater Ballot proposal, he does support this issue and hoped the citizens would also support this measure with enthusiasm. He introduced Dr. Dick Lindstrom, who would make an announcement. Dick Lindstrom, Bremerton Central Lions Club, announced the Lions club will hold a Seafood Dinner and Auction on Saturday, September 15. Dr. Lindstrom read the menu and noted that entry would be by ticket only and anyone wishing to attend could obtain a ticket by contacting any member of their club. Mr. Johnson announced the State Board Of Community College Education will hold a public hearing on September 12, at Evergreen Hospital in Kirkland (Auditorium) 3:45 p.m., Olympic College will presents its request for condemnation of Roosevelt Field. On September 13, at the Bellevue Community College, Room B201, the State Board will take some action on the request to proceed with condemnation of Roosevelt Field. Mr. Waibel pointed out the public hearing is scheduled on the same date as Council holds its meetings and if Council members plan to attend that hearing something would have to be done about moving or changing Council's meeting time/date and questioned if action should be taken at this time? President Horton suggested discussing this matter during a break for the Public Hearing portion of the Council meeting. Mr. Collins reported he saw a lot of blackberry tee shirts at the Blackberry Festival. Mr. Waibel stated he saw a lot of blackberries at the Blackberry Festival due to his being a judge for the baked goods and he stated for the record that none of the judges knew who any of the entrants were and the fact that Hazel Colvin was First Place Winner in jellies was totally circumstantial. Mrs. Horton reported today at the Puget Sound Subregional Council meeting they had a meeting of the Kitsap Health Department, which has been renamed Bremerton/Kitsap Health District, and they announced a Household Hazardous Waste Cleanup - free of charge - to be held in a four County region, Clallam, Mason, Jefferson and Kitsap, September 20-21, 1:00 - 6:00 PM; September 22 10:00 AM to 4:00 PM at Kitsap Mall in Silverdale, north parking lot; and September 25-26, 1:00 - 6:00 PM at the Port Orchard Armory. Further information can be obtained by calling 895-3931. TAPE %764 City Council Reg. Mtg. Minute's September 5, 1990 Page 4 of 35 A~enda Bill No. 90-240 -JOINT POWERS AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE PORT OF BREMERTON The Economic Development Administration (EDA) Regional Staff has recommended that the current EDA grant application become a joint grant application by- the Port of Bremerton and the City of Bremerton. This will allow the Port's money, $82,000 to be utilized as local cash match. The Economic Development Administration requires that both organizations sign the attached Joint Powers Agreement in order to be joint grant applicants. Connie Devane¥, Grants Procurement Officer, stated this is a required document recommended by the Regional Office of the EDA. One of the latest glitches in the City's grant application to the EDA is that {he City cannot utilize as match any money that will not purchase a project that will be owned by the grant applicant, in this case the City. That means the $82,000 put up by the Port of Bremerton to moor the USS Turner Joy cannot be utilized as cash match because the City will not own that moorage. Another $88,000 of cash match would have to be taken out that the Historic Ships Association will utilize to build the gift shop, because they will own the gift shop, not the City. The Regional Office of EPA recommended that the City leave in the $82,000 of the Port's money and simply make the grant application~a joint application between the City of Bremerton and the Port of Bremerton. Apparently cities and Ports do joint grant application to EPA frequently. EDA indicated that by joining with the Port it made the grant application stronger for the following reasons: (1) it increases cash match from a 494-51% split to a 474-534 split - 534 would be the local cash match and 474 would be requested funds from EDA; i(2) it addresses the issue of the Port really managing the lease of the land on which the project is being built. This agreement does not commit the City to anything that acceptance of the EDA grant funds would not have already committed the City to. Mrs. Devaney did read this agreement over the phone to the Port Man,er and he indicated he did not have any immediate problems with the agreement, however, it had to go before the Port attorney and Port Commissioners for their approval. Public comment - none. Mr. Waibel stated the cooperation between the various agencies that are developing the City's waterfront has been phenomenal to this point and questioned if the City did not accept the grant that this agreement would be not in effect? Mrs. Devaney stated yes, almost all of the items in this proposal relate back to the components of the project. ~_._~p~nsg~ noted there are no provisions in this agreement for either modification of the agreement or severance of the agreement and questioned if some procedure should be in place to cause this to be modified, lan Sieve~, City Attorney, stated the agreement TAPE #764 City Council ~eg. Mtg. Minutes September 5, 1990 Page 5 of 38 can be modified if both parties agree. And, the Joint Power Agreement is intended fo~ a limited period of time relatin~ to acceptance of the grant. Mrs. Devane¥ stated she did not believe there would be a problem in putting some kind of standard termination clause in the agreement. Mr. Johnson pointed out the descriptions of the properties are very general in the agreement due to their not having been built, but at such point in time when they are described in detail it should be defined whose responsibility it is for such things as sewer collection system of boats moored at the Marina, the City's water system, fixing broken windows at the Harbor Master's Office, etc. Since these things do not exist at this time, he did not feel that either the Port or the City would have any problem defining that later - there is no procedure other than cancel and start over again. Mrs. Devane¥ stated that is the intention and she did not think anyone would have a problem to include a standard termination clause in the agreement, which might say: "This agreement can be terminated under ....... type conditions and amended". ~0764 M/S/C/U(Waibei/Collins) to authorize the Mayor to sign the Joint Powers Agreement with the Port of Bremerton, including a severance/amendment clause. PUBLIC RECOGNITION Mayor Louis Mentor thanked everyone who helped on the Blackberry Festival and reported it was very successful. ~a~or Mentor read a Proclamation recognizing the Kitsap County Chapter Of Blacks In Government for their contribution to the spiritual, cultural and educational progress-of the nation, state, county and City of Bremerton. This Chapter will through the "Youth In Action" program on September 8, 1990, honor youth for their accomplishments, service and contributions to the community. Mayor Mentor did proclaim the month of September as "BLACKS IN GOVERNMENT MONTH". Edwards Atkins accepted the Proclamation and thanked the Mayor and City Council for this recognition and he presented an invitation to them for the September 8 program. Terry Hartson, Volunteer Project Coordinator for the City, reported on a project called "Christmas In April" The goal of this project is to make significant improvements in quality of low income housing for elderly, handicapped or low income residents. The project is now a nation-wide project in about 40 communities in the United states. A problem has arisen, which they did not anticipate, and they~ooking to the City Council and the public for a solution. So far, they have not received any applications for this program and Ms. Hartson encouraged anyone who is eligible to fill out an application, which can be picked up at the Disabled American Veterans Post #5/Burwell, Foodline in Bremerton, Kitsap County Community Action Program, Senior Citizens Recreation Center, City of Bremerton, as well as twelve churches, which Ms. Hartson read off. She thanked the City Council for their support of this TAPE #764 City Council Reg.~ Mtg. Minutes September 5, 1990 Page 6 of 38-- program. Mary Lou Lon~, 2433 E. Phinney Bay Drive, expressed concern over the quality of audio qf recent televised Cit-y Council meetings. She hoped that someone could look into enhancing the audio part of the cable transmission. 6A - QUARTERLY ACTIVITY REPORTS FROM BREMERTON MAIN STREET ASSOCIATION AND FLAGSHIP, %AB90-229 There is no requirement for Council action. Representatives from both organizations are here to present quarterly activity updates and to answer any questions that Council members may have concerning the_ expenditure of City funds allocated for program operations. Don Atkinson, Media Coordinator for Bremerton Main Street Association, stated they were very excited about the community's response to the Blackberry Festival and it was estimated that about 5,000 people congregated on 4th Street and parade route. He reported one of the ethnic food booths-had sold 800 meals in a four hour period.- Even a larger turn out is anticipated when the festival moves onto the waterfront boardwalk area next summer. This past quarter has been an enjoyable one and an exciting time for Main street. They have increased their newsletter from quarterly to monthly, . thereby improving the coordination and communication. They view Main Street as a conduit between the business community, property owners, retailers, City government and the community at large. Approximately 200 newsletters are circulated throughout the community. Parking - Main Street became active in parking measures, particularly as they related to the central business district. Two Main Street members serve on the Parking Advisory Committee and they have shared concerns with their fellow members and taken into account their concerns about opportunities that are present downtown and concerns as to what alternative means might be to stimulate growth downtown. USS Turner Joy Project - Main Street has been active in this project and are excited over the continued movement forward in its development. They have contributed to the project with manpower and finances and are looking -forward to it being one of the cornerstones in the downtown revitalization some time in early 1991. County Administrative Offices in Bremerton - Main Street supported this concept, which does not appear to be a possibility, however they supported that proposal financially and by organizing forums to study the possibility. There are additional major cities in the Puget Sound area that are now looking at the inner City for their TAPE #764 City CoUncil Reg. Mtg. Minutes September 5, 1990 Page 7 of 38 County offices and he still felt it was a good idea for thi~ County. Bremerton Blossom Program - a success early in the second quarter in generating 44 new banners for the downtown area. They are working on ideas on how to capitalize on the #1 City in the nation recognition with subsequent banners to then slide into redecoration of the downtown for the holidays with new holiday banners. Flagship City '90 - Main Streethas joined in development of some documents, documentation and survey documents to determine what greater Bremerton area would like to see in downtown in terms of facilities, programs, etc. Blackberry Festival - a committee of about 20 members worked on this event for about six months and their fruits of their labor was very evident with the large community turn out. Currently the Association is researching the prospect of establishing _a Farmer's Market starting next spring or summer in the downtown area, hopefully on the waterfront. They are working with Councilman Estes and others on the possibility of the Lady Washington returning to Bremerton on a brief stay next spring or summer. They are working with three existing businesses in the downtown area who had been considering moving to other locations. Up to this point they have been successful in keeping them in the business core but they are in the process of lo~ing one governmental office, State's Corrections Office on Pacific, part moving to Auto Center Way and the other portion-to Port Orchard. Main Street's Veterans Affairs Committee - continues to be active and .they are pursuing the all Veterans Memorial for Bremerton, assisting with Ivy Green Cemetery clean up and appropriate memorials to various veterans and veterans groups. Main Street is continuing to support Amie Burnette, Laura Whitman, Dennis South and others and their efforts to build a strong arts community in the central business district. And, the Association is maintaining its membership level and about to launch a new membership program in the month of September. Mr. Waibel stated he was much appreciative of the Blackberry Festival_and he requested that Main Street keep Council informed on the formation of a Farmer's Market. He volunteered his assistance in helping make it happen. ~K~_~.t_k__~g.~ stated the Mayor informed him a couple weeks ago that he had that idea in the back of his mind and Mike Schrader was pursuing investigating that idea as well. They have pooled their information and are all heading in the same direction and would provide Council with an update as things develop. He noted there are farmers in Kitsap County who are presently taking their products into Seattle and who are TAPE #764 City COuncil Reg. Mtg. Minutes September 5, !990 Page 8 of 38 looking for alternatives. Mr. Colvin complimented Main Street for their efforts and he wished to dispel the idea that Main Street is only concerned about downtown. Mr. Atkinson stated they try to maintain a reasonable focus on downtown but they also like to reach out and embrace the balance of t'he community where it doesn't water down their efforts too much. What is happening now is the culmination of lots of efforts that have gone into making infrastructure improvements, which will benefit all of Bremerton. ~d Sheldon, President of the Board Of Directors of Flagship City '90, stated he was pleased to be reporting to Council at a time when Bremerton is enjoying the distinction of being the #1 most liveable City in the nation. His personal feelings about thi~ recognition is that he believes it is appropriate recognition of a beautiful piece of the world and a lot of people who have done a lot of things right. He acknowledged the role played by the current Council and their predecessors. He believed the single biggest question "where do we go from-here?", ms a simple answer - where we are going right now. He commented on the many organizations who volunteer and contribute back into the community, the Bremerton Central Lions Club being one of those organizations. Central Business District Task Force - soon Council will see a proposed ingress and egress pattern for the City that comes out of this Task Force. They have been working in cooperation with Cushman & Wakefield and Bradley Scott, Inc., the two listing agents for the Bremer Trust properties, on gathering information about the central business district, market demographics and developed and/or participated in developing a working relationship between them and several other entities to keep that project moving. It is very difficult for anyone to promote the central business district when'-' its future is not known. A subcommittee of this Task Force is designing, with professional assistance, a survey and how it will be distributed on what the community would like in the downtown core. This survey will be by random sampling and a fair representation of people and what they would like in the downtown area. Housing Task Force - it is his personal conviction that housing is the single most important issue that will be addressed by this community in the next l0 years. -If the central business district could be surrounded with medium- upper middle income housing, the downtown would take care of itself. He listed the people who sit on this Task Force: Chaired by Clink Shinkle, immediate past managing manager of Moss Adams, Merrell Wallace, Elective Director of Bremerton Housing Authority, Norm McLaughlin, Kitsap County Housing Authority, Jerry Reid, President and owner of the largest real estate firm in Kitsap County, Jim Robinson, President of the Bremerton Area Chamber of Commerce and President of James Robinson TAPE #764-- City Co~ncii Reg. Mtg. Minutes - September 5, 1990 Page 9 of 38 Construction Co., John Steffans, Chairman of the Bremerton Housing Authority and also serves on the Washington state Housing Finance Commission, Ralph Lentz, President Great Northwest Savings and Loan Assqciation, Jim Pratt, Vice President and Kitsap manager for Puget sound National Bank, Carol Atkinson. He reported under Carol Atkinson's direction the City has put together a very workable plan for upgrading housing. He cautioned to not be impatient as this may take some time, however, he anticipates some major steps forward in this area. This particular Task Force also serves as Congressman Dick's Housing Task Force for Bremerton and there is a meeting scheduled for September 11 to present information to representatives of the City Council. Admiral Theater Foundation - Mr. Sheldon acknowledge this group is no longer a part of the Flagship organization. The Foundation has raised their sights from $1,200,000 to $2,500,000 and he was not confident where 2 1/2 million dollars could be raised in Bremerton. He did feel it would be possible to raise $2,500,000 from some source. Reasons for this increase included the hiring of an architect consultant, who is very experienced in renovating older, large theaters, i.e., 5th Avenue Theater, Pantages Theater, etc. The consultant has recommended a long list of things and led the Foundation to conclude that they need to raise more than $1,200,000. If they only raised $1,200,000, that amount could restore the theater to where it was during its best days, which was only a theater and nothing else. It does not have a stage, or orchestra pit and is short on a number of items. The Foundation is looking into purchasing property available through the Bremer Trust right behind the Admiral building so they could possibly expand the back so that a stage and orchestra pit could be built as well as maintain the line of sight from the seating area. Marketing Task Force - this group disbanded itself and replaced it with a Strike Force to pursue opportunities and ways to capitalize on Bremerton being named the most liveable community in the nation. Members of this group include: Jim Robinson, Ray White, Earl Smith, Ruth Waibel, Don Atkinson, Ken Atteberry, Commissioner Fred Schoneman, Mayor Louis Mentor, Council President Lynn Horton, County Commissioner Chairman John Horsley, John Johnstone and Tim Arnold. Revenue Study Task Force - Mr. Sheldon noted this was an excellent group of individuals and they are doing some very good work. They had hoped to submit their findings to Council by early September, however, they found there was more work that needed to be done than originally tasked. Finally, Mr. Sheldon commented that in all of our eagerness to do all of these things, he cautioned against being too eager. The major responsibility now is to do it right - growth will come. TAPE #764 City Council Reg. Mtg. Minutes September 5, 1990 Page 10 of 38_ mr. Colvin stated organizations like Main Street and Flagship have done a lot for the City and he thanked them for their contributions, as well as all the other organizations who are helping the City of Bremerton. Mr. Johnson questioned if the Visitor and Convention bureau was part of the Strike Force? Mr. Sheldon stated Mim Heuss was out-of- town on the day this group met and will be included if they choose to join in. 6B - EMPLOYMENT CONTRACT - DAVID NELSON, BUILDING CODE OFFICI%L~ #AB90-230 Employment agreements ha~e standard language in the computer with only a few changes having to be made to each one. In error, Mr. Nelson's agreement was printed out with a 30 day severance clause instead-of the 60 days severance pay clause, which was the understanding that had been reached with Mr. Nelson during the hiring process. It is requested that this agreement be approved with a 60 day ~everance pay clause, which will bring it into conformance with agreements for other Managers, and also with the terms agreed to with Mr. Nelson. The employment agreement is submitted to Council for confirmation of the appointment and approval of the contract. Don Pratt, Director Of Community Development, stated the Building Official in the CitY of Bremerton is responsible for three main areas: (1) assuring that new construction in the City meets the current Building Codes, which are adopted by the City; (2) responsible for assuring existing buildings in the City meet the codes they were constructed under; and that buildings constructed under previous codes are not a threat to public health, welfare and safety; (3) to manage a code enforcement process not only for the Uniform Building Code, including the Fire Code,-but also enforce and keep track of complaints and enforcement actions on the Nuisance Code for garbage, etc., also_ do/nE the final enforcement actions on Zoning Code and some right-of-way enforcement. He noted the contract had been changed when first approved and now reflects a two-month severance pay if the Building Official is terminated without cause. Without cause means if the Mayor or he chooses to fire the Building Official for no reason, that Building Official must be paid for two months pay, if however, there is reason and that cause is stated and given to the Building Official there is no severance. This gives the Building Official, who is in a very visible position making some very difficult decisions and signing abatements, demolitions, etc., an opportunity to feel confident his pay check cannot be arbitrarily stopped immediately and without cause. C__a~9~_e..._~.~l!, Director of Personnel, stated she supports the change to the agreement. TAPE #764 City Counci~ Reg. Mtg. Minutes September 5, 1990 Page 11 of 38 Public comment - none. Mr. Estes questioned if Mr. Nelson planned to work out in the field? Mr. Pratt stated yes, he will be working out in the field and it was his observation that the Building Official in Bremerton spends 50% of his time out in the field and 50~ in the office. %2387 M/S/C(Overson/Johnson) to approve the Employment Contract as presented and authorize the Mayor to execute said agreement, subject to Administrative Policy. Vote: In Favor: Overson, Estes, 'Horning, Horton, Collins, Colvin, Johnson Abstain: Dawkins, Waibel 6C - INTERFUND TRANSFERS FROM GENERAL FUND TO BREMERTON POLICE DEPARTMENT, #AB90-231 Recently the State of Washington earmarked money into local governments (City & County) to fight local crime. This request merely transfers thi~ funding allocated for 1990 from the City's General fund into the Police Department budget for program expansion. Public comment - none. Mr. Johnson questioned if the City had received the money? Rich Hanna, City Treasurer, stated not at this time. Mr.' Johnson questioned how could money be reallocated if it had not been received? Mr. Hanna stated they had been told and are taking it on good authority that this money is coming and is being budgeted as new revenue into the General fund and this adjustment would allocate those resources to be spent on the stated purpose. Mr. Jonson questioned Chief McNeal when would he be hiring the personnel approved? Police Chief Del McNeal stated he would be hiring them as soon as possible, however, he would wait to make sure the money had been received. Mr. jOhnson questioned how could the Chief hire the proposed personnel when it had taken so long to hire Animal Control personnel? Chief McNeal stated they go through the process of testing and just recently received an Animal Control Roster and he is in the process of a Police Offic~ list and upon its completion then he can choose off that list. It was his understanding that an Office Assistant Senior Roster is already in place. He noted-testing for the Police Officer Roster will not be over until the end of the month, which will probably make it more the middle of October. Mr. Johnson stated the department did not need the full amount of fund proposed and he preferred to have the money go in the General Fund as unallocated and used as carry over to fund a better program next year. If that money is put into the budget now, it will be spent by the end of the year. If the new personnel are not going to be brought on until sometime in October/early November, the tendency will be to spend the entire TAPE #764 City Council Reg. Mt~. Minutes- September 5, 1990 Page 12 of 38 amOunt allocated for 1990, whereas if the money was no% allocated it would carry over to the next year. President Horton questioned assuming the City does hire someone, can the Police Department be assured those funds will be available to transfer in the event of a hire? Mr. Johnson stated that should not be a problem as they are looking to having 6 months worth of funds in the Budget Adjustment and there will be only two months left in the year by the time someone is hired - leaving months worth of money floating out there. Mr. Colvin requested Mr. Hanna to respond to Mr. Johnson's last statement. Mr. Hanna stated Mr. Johnson's point is well taken and he explained all of the positions presently authorized in the Police Department are fully funded,' as would be the proposed position. If there is an extended delay in accomplishing that hiring, all of those funds would not be expended. The Police Department's budget is segregated among personnel, supplies and services, etc. He felt it was reasonable to assume, and he would argue if Council authorized this amount of money and the position was not filled until October/November, that money would remain unspent in the Police Department budget and would be carried over into the following Year. Mr. Johnson stated he did not thinks'this panned out with all the personnel turnover in the City and gaping between positions, that money never comes back at the end of the year and is spent by the department. Mr. Ranna disagreed with Mr. Johnson - they do fully fund all authorized positions - city-wide - and that is one of the things they count on for actually having ending cash at the end of the year and had been the case for a number of years. Mr. Collins stated if $30,000 is placed into the fund and at the end of the year only $15,000 was used, that leaves $15,000 that could be spent anywhere desired. Mr. Hanna stated the only way it will go any where is through the reauthorization process as Council approves the 1991 budget. Mr. Johnson stated the Mayor has authorization to move money up to 5-10% of a department's budget involved and in the Police Department that is a lot of money. Mr. Hanna stated 5-10% not to exceed $3~5,000, the lesser numbers. In his collective memory he recalled the Mayor, without Council approval, doing that one or two times in the five years he had been with the City. Mr. Waibel pointed out the proposal was prepared when there was six months left of the year. Based on the fact that there had been a delay of three months, he questioned if it would be more realistic to be requesting half the money for three months for each position and wouldn't Chief McNeal be satisfied with an adjustment for only three months? Chief McNeal stated that was correct, they put the proposal together when they learned the money would be coming to the City. He agreed to the proposal, if Council desired, to take the total funds down to what is needed for the three month period. The one thing he would like to see was the Office Assistant Senior position filled soon. ~~_t_~9~t_o~ stated for clarification TAPE#764 City Council Reg. Mtg. Minutes September 5, 1990 Page 13 of 387 what is being asked is to authorize funds to hire an Office Assistant Senior and one Police Officer with the relevant funds. ~2871 M/S/C/U(Waibel/Colvin) to approve the Budget Adjustment request for the first fund amount to be $6,900 and the second fund amount to be $9,OOO. Mr. Overson stated an alternative approach would be to put the funds into an account to pay for these two positions as necessary for this year and in future years and keep it separate. Mr. Waibel stated it was his assumption that those funds were given to the City by the State for the very special purpose of law enforcement/law and justice and in fact any funds received this year and not expended, according to this budget adjustment, would have to be retained for that purpose for next year. And, he questioned if a separate fund account was to be maintained in the General Fund in order to do that? Mr. Hanna stated it was not his intention to maintain a discrete accounting of these funds - the criteria needed to satisfy is to be able to demonstrate that they ~'did increase the City's expenditures in the law and justice area. Mr. Hornin~ stated he was supportive of the motion as made and questioned if the City Treasurer anticipated any other law and justice money coming in for 19907 Mr. Hanna stated as he discussed in the Study Session, this was One portion of the law and justice money - there were some one-time funds that were discussed and Council wished to hear further discussion before making a decision. Chief McNeal stated there are two different allocations: (1) allocation that should go on for three years and that could be somewhat adjusted by the crime rate. If the City falls into the top crime categories that the State has, that could change upward what the City would receive. Mr. Hornin~ questioned for clarification the funds discussed at this time are they related to those on going funds for three years? Chief McNeal stated yes and this is just the 1990 portion, 1991 funding will be available to carry this on for a 3-year period. The other portion will come as a one-time money allotment and it is their intent to do something one-time that will benefit the criminal justice area of the City of Bremerton. ~__~Hp_r._Ri~ pointed out there are other law and justice needs, such as CenCom emergency management, etc., which are definitely an issue~ He did support this proposal but he cautioned not to forget those other issues. ~__.gv__e.~ questioned if something in the motion identifies the funds carry over into the future for use in this application? Mr. Waibel stated his motion is to approve a budget adjustment for an amount for the remainder of the year. Vote was unanimous. TAPE %765 City Council Reg. Mtg. Minutes September 5, 1990 Page 14 of 38 !APE #765_ 6D - BUDGET ADJUSTMENT REOUEST - MUNICIPAL SERVICES COORDINATOR ~OSITION, ~AB90-239 Early in 1990, both the Administration and City Council felt that the City's strategies and programs for annexation needed review. An annexation 1989 report was prepared and distributed to City Council in March. Subsequently, the Annexation Committee and Mayor reviewed the annexation process and decided that a full time position reporting directly to the Mayor with additional special Mayor project assignment responsibilities would best serve the interests of the City. This adds a full time position to the Executive Department budget, which will staff the City's annexation effort and will provide the Mayor with assistance on special projects requiring communications liaison between City service providers (departments) and impacted portions of the community. ~ayor ~ouis Mentor stated in the next 10 years there will be growth in Bremerton that hasn't been seen since WWII and there has not been anyone to look at how Municipal services are going to be impacted. He believes the proposal is a step forward to address growth strategy, urban renewal and growth management. This position is being placed under the Executive branch in order to make sure this person works strictly on this and-not get mixed in with other duties. Public comment - none. Councilman Colvin left the Council Chambers at 7:05 PM. Hr. Johns~R stated he supports the position and a service that has been needed in the City for a long time. Twice before this had been tried and failed because people who had been given the responsibility had been diverted to other duties. He stated as long as this person is working on annexation and growth management issues and those things are getting done, he will continue to support funding to maintain that position. If those issues are not being taken care of and this person is still on board, he will bring up removal of funding for the position. #0058 M/S/C/U(Waibel/Dawkins) the City Council approves a budget adjustment to transfer $12,750 to the Executive Department budget, 01-12-513.10 to fund a full time Municipal Services Coordinator position effective September, 1990, and approve transfer of funds of $10,000 from 558.70 - General Miscellaneous - Annexation, and $2,750 from 556.60 - Planning Department. Councilman Colvin rejoined the Council meeting at 7:15 PM. ~__A. L3~S FOR R~_AT OFFENDERS OF THE NOISE ORDINANCE AND TO DELET~ TAPE #765 City Council Reg. Mtg. Minutes September 5, ~990 Page 15 of 38 For most violators, the civil infraction f~r a nuisance noise has been effective and presented no enforcement problems. However, when officers respond to complaints involving loud parties where hosts refuse -to turn down the volume despite issuance of a citation, officers need the authority conferred by criminal sanctions to arrest on the spot if necessary. This amending ordinance creates a misdemeanor for a second offense for nuisance noise violations within a 24 hour period, punishable by up to 90 days in jail and up to $1,000.00 fine. The Ordinance also deletes outdated reference to various functions of the environmental noise administrator. Variances are. now decided by the Planning Commission. Appeal procedures detailed in this ordinance are now adequately covered by the Hearing Examiner Ordinance. Public comment - none. Mr. Waibel stated the proposed ordinance was intended to add a second violation as a misdemeanor, however, he believes there is a conflict on page 2 of the ordinance, Section 3(a) and suggested correcting it to read: "Unless otherwise provided herein, every offense defined by this chapter or conduct ..... ". Kan Sievers, City Attorney, suggested making the second sentence of Section 3(a) as a second part of the first sentence to read as: "; provided, however, a second violation within ..... ". Mr. Johnson questioned who was the Administrator as referenced in the ordinance? Mr. Sievers stated it was the Mayor or his designee. ~r. Johnson stated assuming he was a citizen and had a noise complaint, who would he call? Mr. Sievers stated that depends on what kind of noise complaint. There are two major portions of the Noise Ordinance: (1) environmental noise, which has to do with industrial noise or continuous environmental noise from industries or other sources and these would be enforced by the Building Official; (2) nuisance noise, which are sporadic violations, such as parties, et., are enforced by the Police Department and they use their common sense and sensitivities and do not need to take decimal readings. Mr. Johnson questioned which jurisdiction within the City would enforce water craft noises being generated on Kitsap Lake? Mr. Sievers stated boat noises are covered by a special, section under the environmental noise, therefore that would be decimal reading. Mr. Johnson pointed out that the Building Official does not usually work Saturdays, Sundays or holidays and that there needs to be a way to get a decimal reading taken at the time the problem is occurring. He did not feel Police Officers should feel it was beneath them to take those kinds of readings when it happens on a weekend or holiday. And, he questioned if this was covered in the ordinance? ~r. ~.~_ stated yes, a Police Officer can enforce any ordinance, however, he was not sure if they were up on training on operation TAPE #765 City Council 'Reg. Mtg. Minutes September 5, 1990 Page 16 of ~ of the decimal reading ~quipment. Since this type of noise is-one of %he exceptions, they would have to comply with the Department Of Ecology (DOE) requirements on environment, the same as highway noise, mufflers on trucks, etc. Mr. Johnson questioned if something should be added to the ordinance that states Police Officers shall be trained for back up on environmental noise enforcement on holidays and weekends? Mr. Sievers stated he was not sure it would be needed as the Mayor can designate them to have that authority. M__r. Johnson related how a citizen would call 911 with their concern, the dispatcher will contact the Police Officer and the Officer then says that the Building Official enforces that type of situation, we'll send someone out on Monday. Mr. Waibel suggested by making a separate motion Council could direct the administration to make sure that decimal reading training is provided the Police Officers. Mr. Estes questioned if this ordinance includes noise from taverns/night club type establishments? Mr. Sievers stated yes. President Horton noted sometimes noise is channeled in different directions and if someone goes in front of an establishment that has received a complaint for noise it may not be emanating out in that direction, but is from a back and or side exposure to adjacent buildings. She questioned how a complaint would be dealt with in this kind of situation? Mr. $ieYers stated the Police Officer makes his judgement from the source of the complaint or where he thinks the resident or person would complain from. Mr. Dawkins pointed out noise from a business would be an opportunity for the Building Official to enforce conditions that would eliminate a nuisance noise, such as having air conditioning installed along with storm windows to keep the noise from coming through open windows, etc. Some businesses have a double door entry which helps screen the noise before it hits the outside. And, he questioned what is the City's liability if someone cannot rent an apartment building due to loud noise from an adjacent business? Mr. $ievers state no, not on that type of enforcement unless the City makes a commitment to a resident that the City will take certain actions. The City's duty to enforce those kinds of public health and safety ordinances is similar to traffic enforcement, it is not possible to catch every violator and the City would not be held liable. However, if the City makes promises and does not follow through, then the City could incur some liability. On the point of the Building Official getting involved, the Building Code does not have that kind of detailed sound requirements for construction and those kind of construction standards are not enforced through the business licensing. For the Officer, he can say he does not care what the problem is - there is a problem - you, the business owner solve it. The Police Officer can act quickly and he is not required to take decimal readings and if the noise becomes a concern a second time within 24 hours, it would then become a misdemeanor for the operator. TAPE %765 City Council Reg. Mtg. Minutes September 5, 1990 Page 17 of 38. Mr. Collins noted what is being said is t~at the Police Offic~ would Use common sense. Mr. Sievers yes, and he believes they have been and the first action would be to give out an infraction and if it was not corrected within 24 hours then it would become a misdemeanor. Mr. Collins stated some time back they discussed another jurisdiction that had passed an ordinance which states if a noise is audible within 75 feet - he questioned why couldn't the City do something like that? He suggested making it easier to prove for the Officer so that all he needed to say was "I heard". Mr. Sievers stated this would be possible, and the ordinance Mr. Collins referred to is in the City of Seattle, relating to the "boombox noise.". He pointed out this type of legislation would take some of the flexibility away, such as noise in the downtown area might be tolerated, however, that same type of noise would not be tolerated in a residential area. Mr. Estes questioned if a separate ordinance would be needed to address compression brakes, jake brakes, being used in the City or could %he Mayor just post signs where there seems to be a problem? Mr. Sievers stated if the brake is strictly related to noise then it would be covered by the DOE decimal levels for road use. Mr. Este~ stated many towns and cities have a ruling "no jake brakes in town" and questioned_ under this ordinance can the Mayor have signs put up addressing this restriction? Mr. Sievers stated if they generate a higher level of noise consistently that is not acceptable then they can be outlawed; and a separate ordinance could be developed to include that restriction. ~0526 M/S/C/U(Waibel/Dawkins) to approve Ordinance, on first reading, creating a misdemeanor for second offense under BMC 6.32.110, within a twenty-four hour period; and amending Chapter 6.32 of the Bremerton Municipal Code, with a correction to Section 6.32.10 (a) to state that ". .... Bremerton Municipal Code; provided that a second violation with ...... ". #0551 M/S/C/U(Johnson/Colvin) that the Mayor be directed to direct, the Chief of Police to train on a on going basis sufficient numbers of Police Officers to provide for environmental noise measurement during holidays, weekends and times off for the Building Official and that the Police Chief report back to Council not later than 15 November, 1990, that this training has been completed. ~__g~l!in_s_ stated what will happen is that he will train these people and when they leave the City there will be no replacement and suggested adding something to provide on going training. Vote: Unanimous __MUNICIPAL CODE (DANGEROUS ANIMALS), %AB90-233 Concern has been expressed regarding Animal Control's inability to TAPE %765 City Council Reg. Mtg. Minutes September 5, 1990 -' Page 18 of 38 properly regulate dangerous dogs until .they have bitten an individual allowing animal control to classify the dog as "potentially dangerous" and then bitten someone again, allowing Animal Control to classify the dog as "dangerous" and thereby' impose needed protection controls (muzzle, secure enclosure, insurance requirements). By doing away with the "potentially dangerous" classification, the dog can be classified as "dangerous" on a first attack. Additional provisions of the proposed ordinance include: a) escalating fine structure for repeat violations; b) rabies vaccination requirement; c) maximum number of housekold pets set at 4; and d) provision added to protect pets from cruel treatment. James McNamara, Assistant City Attorney, publicly acknowledged assistance from Melissa Anderson, Animal Control Officer,and Shanno~ Hall, -a dog behavior specialist, in developing the proposed ordinance. The reason for the ordinance modification is that under the current Bremerton Dangerous Dog Ordinance there is a typical situation where a dog would bite someone, the Animal Control Officer can make the determination that the dog is potentially dangerous, then there must be a second bite inflected by that same dog before it can be classified as a "dangerous animal".- The idea behind eliminating "potentially dangerous" classification is to avoid giving a dog an opportunity to.make a second bite. A dog can be put into a "dangerous dog" classification on the first bite, but generally that requires a bite causing severe injury and the City's statute defines "serious injury" as a dog bite that breaks bone or causes a wound requiring sutures. Typically dog wounds are not sutured because of an infection problem and in fact there was a case reported not long ago where it was a severe injury and the City's current ordinance required that it must be prosecuted as a felony and the City had to turn the case over to the County. The County was not too excited over prosecuting dog bites in Superior Court and they returned the case to the City and no charges were brought. The proposed ordinance will allow the City discretion, in a dog bite case, to prosecute it as a misdemeanor, even if it is a serious injury. The major changes that are proposed are: (1) to do away with "potentially dangerous" designation and if a dog bites, chases or attacks immediately it will become classified as a "dangerous dog". If in the discretion of the Animal Control Officer, after the investigation is complete, determines it to be a dangerous dog at that point there are insurance requirements, requirement that the owner provide an enclosure or keep the animal indoors so it won't get out, a lead and muzz el requirement and a tattoo requirement. Also, there is an additional $100.00 yearly fee for registering dangerous dogs. There is a requirement for the owner of the dangerous dog, after it has been declared dangerous, to notify the City's Animal Control Department if there is a change in ownership of the dog or change in address of the dog. (2) Do away with the requirement for "severe injury" before a dog can be TAPE #765 City Council Reg._Mtg. Minutes September 5, 1990 Page-19 of 38 declared dangerous because that is too high a standard; (3) there is an escalating rate structure for repeat violations, currently there is a $35.00 fine if a dog bites someone, second offense is again $35.00; (4) a proposal to require that dogs and cats be vaccinated - currently that is not required; (5) modifications in the ~time limit in which owners of dangerous dogs have to comply with the requirements - shortening to a more reasonable level; (6) tattooing for dangerous dogs - dogs may not be properly licensed from year to year but the tatoo would be a permanent identification mark to make such an identification in the event of another incident; (7) to put the maximum number of household pets at 4, a combination of dogs, cats or other small household pets. Pets like mice, gerbils, etc., have an unlimited number, but it was felt there was a need to limit the number of dogs or cats. If they currently have 6 dogs or cats, they do not have to get rid of them, -however, if they die they cannot be replaced until the number is reduced to 4; (8) there is an added requirement for regulation that animals _cannot be kept in vehicles so as to endanger their life - that if Animal Control observes-animals in public view not within a residence but in a yard or vehicle being subject to cruel treatment, Animal Control has the authority to seize that animal; (9) it would be a misdemeanor to hit and run a domestic animal and add a requirement that they make an attempt to notify the owner or if that is not possible, to notify the Police that they have hit an animal. Rich Hanna, City Treasurer, stated he was speaking as a member of the public, not staff on this issue. Under Section 7.06.300 there is a new requirement wherein proof of vaccination for rabies would be a prerequisite to obtain a City animal license. Presently his office is charged with the responsibility for licensing animals within the City and he believes they have an efficient system that is working fairly well. Most of the animal licenses are renewed by mail and he was fearful that this new requirement may make that process more cumbersome and_ inconvenience many-owners who are currently licensing their animals. He is also fearful this new requirement may work contrary to the intended purpose and result in a decrease in the amount of compliance the City now has in terms of those now licensing their animals with the City. In order to elevate the City from added liability in licensing mistakes, he did not want to place himself or his staff in a position where they could be held responsible for issuing a license where there was no proper proof of rabies vaccination. If Council decides not to remove that requirement for licensing, he suggested a compromise position wherein the City would require the rabies vaccination proof only for new licenses rather than renewals. Mr. Overson questioned if the City was under some requirement to insure that anyone who owns an animal had given it a rabies shot and if not, why would the City want to add that requirement? M__r_~ McNamara stated no, as he understands it, there is a significant TAPE #765 City Council Reg. Mtg. Minutes September 5, 1990 Page 20 6f 38 and growing problem with rabies and at the present there is no way of controlling or insuring that animals are vaccinated against rabies. Mr. Overson questioned if the Animal Control Officers check for this as they carry out their duties? Melissa Anderson, Animal Control Officer, stated not unless an animal bites someone and when they investigate that incident they do ask about rabies. At that time the dog must be quarantined and the victim has a 10- day period to wait to find out whether the dog has shown any signs of rabid behavior. It is not part of their normal activity to check on rabies vaccinations, they do check to see if the animal is licensed. ThY would like to verify rabies vacation for those new animals being licensed and when the renewals become due next year they would like to enclose a packet that is sent out with the renewal form that asks whether their pet has had rabies vaccination, this could be done by sending in a photocopy of that vaccination record. Mr. Overson expressed concern that this ordinance still needed some work and he was not sure it was practical, at least from the standpoint of putting it into effect now. President Horton questioned if anyone had researched into the number of incidents of rabies in either Bremerton or Kitsap County? ~S- Anderson stated there is no epidemic at this point, b~t there are numerous rat problems in Bremerton, rats carry rabies. ~resident Horton stated it would be difficult to make a decision on this proposal unless there is statistical evidence that there is a problem of rabies in Bremerton and Kitsap County. Mr. Waibel questioned if the City's current ordinances require that animals be vaccinated for rabies? Ms. Anderson stated no - not at this point. Mr. Waibel suggested including that requirement in the body of the ordinance and not use the licensing process to enforce it, but would be enforceable when out in the field. Mr. Estes requested explanation as to how long a 9accination for rabies is good for? Ms. Anderson stated it depends on the age of the animal, i.e. adult dog about three years, vaccinations of lesser quality are given to animals over one year of age or younger and would require revaccination yearly. ~r.~_~.~. questioned if this was only enforceable on the "honor system" or was there some way to actually enforce it? ~ Anderson stated it is being proposed under licensing requirements. Mr. McNamara stated the reason they put it in the licensing provision is that if there is a vaccination requirement, there is no way of insuring that there is compliance with that except when the dog has bitten someone. If proof is required upon licensing, at that point it is known whether or not they are in compliance with the law. If proof of vaccination cannot be made, then they would not be entitled to a license. President Horton stated under current Washington State law a driver must have insurance to drive a motor vehicle. At the time of license renewal, one does not have to go up with proof of TAPE #765 City Council Reg. Mtg. Minutes September 5, 1990 Page 21 of 38 .insurance in hand - it is only required if one is stopped or involved in an accident. Mr. McNamara used the analogy of other counties, not Kitsap, when renewing drivers license it is required to show proof that certain emissions standards have been met and using the copy of the rabies vaccination would work the same way. Mr. Waibel stated that is a federal requirement that had been applied to those cities. Mr. Collins stated the whole purpose of proof of rabies vaccination when an animal is licensed is to know that there is some kind of a program that will hopefully keep down rabies and reduce the trauma time for a_person bitten - knowing that the dog was vaccinated. He reported he was aware of four incidents of bat bites in Kitsap County and there were significant numbers of people, dogs, cats that were attacked by bats and there was an outbreak of rabies. He referenced the section where it states that every dog or cat will be required to wear a collar with a current license and dogs and cats without a current license tag may be impounded - he suggested changing that to say "will be impounded". He noted there is no~ing that says animals have to be licensed yearly and he felt that Mr. Hanna's department could become knowledgeable to handle processing the required form that verifies vaccination treatment. ~.r. Overson questioned if the proposed ordinance says that an individual has to have their animal vaccinated for rabies? Mr. McNamara stated no, however, in order to obtain a license it would be necessary to submit proof of vaccination. ~r. Johnson stated he did not feel everyone with animals in the City registered them. and he suggested when a new license application is filled out they would at that time certify that their pet did have its rabies vaccination and there would be some stipulation on that application that they would be prosecuted if false information was given, leaving the responsibility on the pet owner. Mr. Waibel noted the verbiage Mr. Johnson just identified could be included in the application itself, it could be signed when they submit the application. Mr. Collins stated he supported that idea. Mr. Waibel did support the idea that all dogs and cats in the City will have a current rabies vaccination, strengthening that part and use the application procedure as the way to monitor it. Mr. Collins noted under Declaration And Notice, he questioned the usage of "his" referencing the Animal Control Officer, and suggested that term be changed to wording more appropriate throughout the ordinance. And referencing Section 7.07.525 (c), fourth sentence - he suggested substituting the word "appropriate" for the word "proper". Mr. McNamara stated "proper" is the current language. ~F- .~%~RS stated if it means 10 days then say "10 days" Under Section 7.07.700, first sentence, he suggested making TAPE #765 City Council Reg. Mtg. Minutes September 5, I990 Page 22 of 38 it 3-4 days rather than 7 days. Mr. McNamara stated this issue was brought up~and during discussions with the Animal Control Officer he resisted going down to 3 days because he felt the pet owner needed a reasonable time in order to provide the notice. Mr. Collins suggested making it 4. Under Section 7.07.860 Muzzle Requirement, first sentence, he suggested adding "...under the control of a physically able person" Mr. Collins felt this document provides for needed requirements that have been lacking for a long time. M_r. Colvin stated he supports having an animal vaccinated for rabies before they bite someone. Mr. Overson stated under Section 7.08.600 Cruelty To Animal ..... requiring people to stop and render assistance, this puts the City in a liable situation, and in some circumstances it may put them in a dangerous situation. He suggested using wording that would encourage them to call the Animal Control Officers. Mr. McNamara questioned if Mr. Overson was suggesting striking only the first clause- Section (1)? Mr. Overson agreed it was necessary for them to contact the authorities and making it a misdemeanor would encourage them to do that. He felt this item may need some additional review before including it in the ordinance. Mr. Waibel stated in his opinion cruelty to animals relates more to confining them in vehicles or retaining an animal in a small c~ge for 6-7 years, but he would like to see cruelty to animals addressed through penalties rather than what the penalty is for hitting or killing an animal by accident...he felt it was more~ of an accident than cruelty. He suggested modifying that to actually address what the penalty is for cruelty to animals. ~. McNamara stated the entire text of the section was not included in ~the document in Council's packet and cruelty of animals constitutes a misdemeanor. Mr. Dawkins questioned how will the Animal Waste Disposal section be enforced. Mr. McNamara stated it is the current law and the only change made in that section is intended to prevent accumulation of animal waste on someone's own property. As to how it is enforced, it would be up to the Police and/or Animal Control. M_r~. Johnson stated in reference to the number of pets allowed, he felt four was too low and due to his rural neighborhood it would not be unusual for someone to have a horse, goat, dog, two cats, rabbit, etc. President Morton stated she would like to tie the number of animals to the zoning requirements for the zoning. The larger numbers of animals would require a greater amount of lots size and setbacks from neighbors. Mr. McNamara stated more are allowed if they have in excess of an acre of land under the current ordinance. Mr. Johnson questioned how many chickens would be allowed? ~_~.~ stated one livestock animal and six fowl may TAPE #765 City Council Reg. Mtg. Minutes September 5, 1990 Page 23 Of 38 be kept per one acre of land. President Horton under Impound and Redemption,it talks about if the animal is licensed...she questioned what happens if the animal is not licensed is the owner required to obtain a license in order to redeem the animal? Ms. Anderson stated yes, the animal will not be released without a license tag. At this point if it needs a rabies shot, the owner would be given 72 hours to obtain the rabies vaccination and return to license the animal. Once the dog is impounded, at this particular time, it is not returned until a license has been procured. If the new ordinance is approved, then the requirements will include the proof of vaccination. President Horton questioned if an animal was released from impound and the owners did not obtain the vaccination for that animal within 72 hours and never returned to obtain a license...what would happen? Ms. Anderson stated they would check back with the owners within 3 days and if they did not obtain the required vaccination they would be cited for that violation. ~1892 M/S/C/U(Waibel/Colvin) to continue this item for three weeks, allowing time for th~ items discussed to be incorporated into the document and sugges~the redraft be brought before Council prior to its being back on the Agenda. ~.L_.~_~ noted he sees a fund raising opportunity for some organization selling "pooper scoopers", and he questioned how efficient was Mr. Hanna's licensing system as he personally had not received the renewal license notice for his pet. Mr. Hanna stated he believes his department process for licensing is efficient and the original applications were mailed out approximately two months and the follow up notices mailed one month ago and very few of those were returned by the Postal Service~ 7C - ORDINANCE____~4286 (~_~_ERGENCY READING) RELATING TO THE AUTHORIZATION OF GO BONDS FOR THE FIRE DEPARTMENT, #AB90-234 In order to place an excess property tax levy before the voters on November 6, 1990, requesting authority to issue bonds for Fire Department capital needs, the attached Ordinance must be approved and passed by the Council and submitted to the County Auditor for inclusion on the ballot. ~_h_.~an~_~_, City Treasurer, stated he would address his remarks to both items (7C) and (7D) as these ordinances are very similar in nature. In both cases, these ordinances, if passed, authorize these two issues placed before the voters. That is the extent of the authority being granted by council under these ordinances. If the voters approve either or both of these ballot measures on November 6, what they have done is to set the upper limit on the authority they have granted the City Council and through the Council City staff to incur indebtedness. He stressed the fact that by Council's approval of these two ordinances, they are not TAPE #765 City Council Reg. Mtg. Minutes __ September 5, ~990 Page 24 of 39 approving everything that is being proposed either in the public works complex or the Fire Department's capital request. Ahd, he pointed out they are requesting an Emergency passage for both ordinances that will require a unanimous vote of the Council in order to comply with the Charter provisions. The reason they are making this request is in order to comply with the filing deadline with the County Auditor, which is September 21. Fire Chief Chet Meigs introduced Deputy Fire Chief Mick McKinley, the lead personon Item 7D. Mick Mckinley stated a $1,500,000 Bond is being proposed with a 20-year amortization at 7.25~ interest, with an annual payment of $145,000 of assessed valuation of $850,000.00. This breaks down to $.17 per $1,000 per year, for example, $50,000 home - $8.50 per year, $100,000 home - $17.00 per year. The levy rate may decrease due to growth if the City annexes and they assume the indebtedness of the City. Itemization of proposed Bond issue expenditures include: 3 fire trucks, refurbishment of the existing ladde~ truck, modification at Station ~1 to allow the current and existing fire trucks to more adequately fit into the building, updating MSA (self-contained breathing apparatus) to Federal regulations and recognized national standards, OPTI-COM emitters at 5 intersection, sensing devices at intersections for emergency vehicles, Drill tower at Public Works Complex, various items required for equipping new trucks, including: hose, bunker Gear, ladders, equipment, positive pressure fans, fittings, a rescue boat Referencing the fire boat ~r McKinley stated he and Chief Meigs had solicited funds from the Port of Bremerton to assist in funding purchase of this boat, however, at this time the Port had not responded. ~ Public comment - none. Mr. Dawkins stated the Council Operation's Committee had reviewed this proposal and noted it is for a considerable amount, however, he felt it was needed, but would be difficult to fund through the General Fund. Regarding the drill tower, it has been an eye sore at Evergreen Park and a new one needs to be constructed and built to specifications dictated for fire practice. M~__Col~n__s_ stated he only had one problem and that was concerning the drill tower proposal. It was his understanding that when the new fire station was built on Olympus Avenue that there was a drill tower incorporated into that structure and he questioned if that was correct? ~_~_M~K~e_~ stated yes, in its original design it was basically an add on to that building. The tower as designed and built is nothing more than a set of stairs going up for ladder drill practice. The proposed tower would have a maze with movable doors inside for firemen to train on, using synthetic smoke. When the facility in the Olympus station was built it was speculated that the land behind that station would be usable for layout of hose lines, however, there is a warehouse for the Water Utility on TAPE ~765 City Council Reg. Mtg. Minutes September 5,--1990 Page 25 of-38 that site. Mr.'Collins questioned how much would it cost to make the tower at the fire station on Olympus usable? Mr. McKinley stated he was not prepared to give an accurate estimation, however, he could outline items that would be required. Mr. Waibel pointed out Council is not approving the purchase or construction of a training tower at this time and it may be determined that the existing tower at Evergreen Park could be more cheaply moved and refurbished .to this area for maybe $100,000. What is being accomplished at this time, is to give the voters the opportunity to determined whether or they will be taxed at an additional rate for fire equipment, limited to the things that are listed in the supporting document. 'Now was not the time to debate over a particular item. ~r. Collins stated he heeded what Mr. Waibel was saying, however, he did have concerns over some of the proposed expenditures. Councilman Overson left the Council Chambers at 8:37 PM. Mr. Estes expressed how important it will be to communicate clearly to the public the purpose of these ballot measures. #2719 M/S/C/U(Eorning/Collins) to pass Ordinance ~4286, on emergency reading) providing for the submission to the voters of the City at a special election to be held therein on November 6, 1990, in conjunction with the State General Election to be held on the same date, for a proposition authorizing the City to incur indebtedness by issuing its general obligation bonds in a par amount not~ to exceed $1,500,000, payable by annual property tax levies to be m~de in excess of regular property tax levies, for the purpose of paying all or a part of the cost of acquiring three fire engines, a fire/rescue boat and fire fighting equipment, constructing a fire- training facility and for other capital purposes and to levy those excess property taxes. 7D - ORDINANCE ~4287 (EMERGENCY READING) ~_T~_ TO TH~ AUTHORIZATION OF GO BONDS FOR THE PUBLIC WORKS COMPLEX, %AB90-235 In order to place an excess property tax levy before the voters on November 6, 1990, requesting authority to issue bonds for the Public Works Complex, the attached ordinance must be approved and passed by the City Council and submitted to the County Auditor for inclusion on the ballot. Mayor Louis Mentor stated the City. does need a new public works complex and Council has already expressed that opinion when property for such a facility was PUrchased a few months ago. At this time the citizens need to be given the opportunity to pass a bond issue and he believes the citizens are feeling good about their city. A number of public works departments are scattered around in various areas of the City and need to be brought together. TAPE #765 City Council Reg. Mtg. Minutes September 5, 1990 Page 2~of 38 Rich Hanna, City'Treasurer, 'stated they have taken the architect's estimate and allowed for contingencies and established the dollar amouht on a worst case scenario. Staff is confident and hopeful that the project can be brought to conclusion for significantly less than the amount of estimated money, but it is appropriate to ask for sufficient bonding authority to build the project if all of the contingencies would come to pass. It is hoped that the actual cost of the complex would come in at 1 1/2 million dollars. The requested $2,150,000 is the upper limit of the authority being requested from the voters. Public comment - none. Mr. Este~ questioned for clarification - which properties would be eliminated if the proposal is approved. Mayor Mentor briefly reviewed the locations currently being used by the public works departments and noted some of those buildings need to done away with due to their run down conditionl He explained there _may be some property that would come available to sell and those funds would then be used to reduce the bonds. Also, vacation of the Capital Hill Fire Station - could evolve as surplus property and sold or used to extend Forest Ridge Park. Mr. Johnson questioned what would be included under the category "For Other Capital Purposes"? Rich Hanna, City Treasurer, stated that language was inserted at the request of Bond Counsel and~is essentially a catch all if there is something not specifically contemplated. Mr. Johnson stated it sounds like if there is ~ny money let over it could be used for any thing capital in the C~ty budget. Mr. Hanna stated no, that was not correct~ the intent was not to place too restrictive language in the ballot measure. Mr. Johnson questioned for clarification when the citizens vote on this measure all of the money authorized would go into the public works complex? ~r. Hanna stated yes. ~_Daw~i_n_~ questioned if there was any way senior citizen rates could be reduced? Mr. Hanna stated there is provision for low income senior citizens whereby they are exempt from excess property tax levies. This provision is a State statute. Mr. Colvin stated he would like to receive a copy of that State statute. #3008 M/S/C/U(Waibel/Colvin) to pass Ordinance #4287, oh emergency reading, providing for the submission to the voters of the City at a special election to be held therein on November 6, 1990, in conjunction with the State General Election to be held on the same date,- of a proposition authorizing the City to incur indebtedness by issuing its general obligation bonds in a par amount not to exceed $2,150,000, payable by annual property tax levies to be made in excess of regular property tax levies, for the purpose of paying all or a part of the cost of acquiring land and constructing and equipping a public works complex to house City departments, TAPE 9765 City Council Keg. Mtg. Minutes September 5,_ 1990 Page 27 of 38 including Street Vehicle, electronics and facilities maintenance, and for other capital purposes and to levy those excess property taxes. TAPE #766 7E - ORDINANCE 94284 (SECOND READING) FALSE ALARMS RELATING TO REGULATION OF PRIVATELY OWNED BURGLARY AND/OR ROBBERY ALARMS, DESCRIBING OFFENSES IN CONNECTION THEREWITH, AND PRESCRIBING FEES AND PENALTIES, 9AB90-227 Public comment - none. 90067 M/S/C/U(Waibel/Dawkins) to pass Ordinance #4284, on Second reading, relating to the regulation of privately owned burglary and/or robbery alarms, describing offenses in connection therewith, and prescribing fees and penalties, and repealing Ordinance No. 3159, Ordinance No. 3177, and Ordinance No. 3899, pertaining to the regulation of privately owned burglar alarms. 7F - ORDINANCE 94285 (SECOND READING) AMENDING VARIOUS SECTIONS OF THE BREMERTON ZONING ORDINANCE AND OFFICIAL ZONING MAP THAT PERTAINS TO OFF'STREET PARKING REQUIREMENTS, 9AB90-218 Public comment - none 90095 M/S/C(Waibel/Dawkins) to pass Ordinance #42~5, on second reading, amending certain sections of the Zoning Ordinance of the City of Bremerton, Washington, and the Official Zoning Map, as they pertain to off-street parking. Vote: In Favor: Estes, Horning, Waibel, Collins, Dawkins, Colvin, Johnson Opposed: Horton Councilman Overson returned to the meeting at 9:02 PM. 8A - PUBLIC HEARING - CITY OF BREMERTON CAPITA~__IMPROVEM~? PROGRAM (C.I.P.), RESOLUTION 92316, #AB90-23~ The C.I.P. is a prioritized listing of the City's existing and proposed Capital Improvement Projects, showing estimated costs and possible funding sources, for use by the staff in efficiently expending capital funds. This represents the combined efforts of the public, staff, administration and Council. Dave Baker, City Engineer, stated the Six Year Improvement Plan, Comprehensive Plan for the sewer and water, and Comprehensive Plan for Parks and Recreation had been approved, so what is being discussed as new are just those projects that are General funded. The projects include parks, waterfront parks, safety and general government. The rest of the document has already been approved and had been prioritized as per Council's directions at the last meeting. Public comment - none. TAPE %766 City Council Reg. Mtg. Minutes September 5, 1990 Page 28 -of 38 Mr. Johnson stated-he did not'remember moving the addition to Gold Mountain Golf Course ahead of the athletic sports complex. President Horton stated yes, it had been moved because of the funding aspect. Mr. Johnson expressed concern over the immediate need for more ball fields. Mr. Waibel stated the intent was that the expansion of Gold Mountain Golf Course would not delay the athletic sports complex. President Horton stated part of the reason for making Gold Mountain (second 9/18 hole) was that was the one project that would recoup money more rapidly than anything else, which in turn would help some of the other projects within the Parks Department. M__r. Baker pointed out that both of these projects are considered revenue generating so they are not competing with either the General Fund projects or amongst themselves. Mr. Johnson questioned if support for the sports's complex was slacking off? ~r.-Baker--. stated no. Mr. Johnson questioned the Ferry Terminal Park project - he said it at the time discussion was held on money from the Department of Transportation (DOT) and he still feels the same...their donation of $10,000 was a joke as far as building a park. So far there had only been a small patch of grass, several small trees and shrubs planted. He stressed it is the State of Washington that says "there will be open space and landscaping in development of urban areas. He felt this would set a'precedent for developers in the downtown area. Don Pratt, Director Of Community Development, stated the $10,000 is in addition to what has already happened. The money has been set aside and he believes they can dol an adequate square footage of park area for $10,000 and ts.~in~he designing stage. Mr. Johnson questioned what would the park lOok like? Mr. Pratt stated there are two pieces of land, a thin strip on the southern edge of First Street and a landscape island within the holding area that helps channel the traffic through the holding area. The design that they are contracted to do has only one stipulation from DOT to provide space for two picnic tables_, the rest of the design is up to the City. DOE is meeting their Shoreline Permit requirements. Mr. Johnson stated they may be meeting their Shoreline Permit, however, they are not meeting any of the requirements for screening and landscaping and things desired downtown. Er. Pratt stated they met the requirements that were in effect when they submitted for a Shoreline Permit. The holding area is considered a State highway over which the City has no jurisdiction, but there was an element of a Shoreline Permit for the terminal area and landscaping is being provided. Vote: In Favor: Overson, Estes, Horning, Waibel, Horton, Collins, Dawkins, Colvin Opposed: Johnson ~0308 M/S/C(Waibel/Dawkins) to approve Resolution ~2316, adopting the Capital Improvement Program. TAPE %766 -City Council Reg. Mtg, Minutes September 5, 1990 Page 29 of 38 ~ - PUBLIC HEARING - TO ACCEPT COMMENT AND CONSIDER THE PLANNING COMMISSION'S RECOMMENDATION TO AMENDTHE DEFINITIONS, SIGNS AND PUD SECTIONS OF THE BREMERTON ZONING ORDINANCE, ~AB90-237 The Planning Division is currently reviewing and revising the Zoning Ordinance which was adopted nearly two years ago. The changes are meant to correct problems and ma e the ordinance work more effectively and fairly. Most of the changes involve six of the eleven chapters and are coming to the City council from the Planning Commission in three groups. This is the second group of changes and includes proposed amendments to (1) Chapter III. Definitions; (2) the Sign Provisions of Chapter IV.; and (3) Chapter VI. Planned United development. Zoning Ordinance amendments require public hearings at the Planning Commission and City Council. If approved by the Council, the necessary amending ordinance will be prepared and returned for adoption. Ron Hough, Plan~ing Manager, briefly reviewed the process through 'the Planning Commission and other groups within the City. Under Chapter III - Definitions - there were only 10 changes to the Definition section, some being new definitions and some are just amended and most are intended to clarify the definitions to make them work better, adding definitions that are not already there but are needed or eliminate in one case. Changes include: Under "Adult Business" include massage parlors, as all licensed massage parlors fit the definition of Adult business and there is also a definition under the B.M.C. that deals with legitimate and adult type massage parlors. The recommendation of the Planning Commission was to add "massage parlor" as defined in BMC 5.92 to the definition in the Zoning Ordinance. Doing this makes it easier to determine what zones _ these types of-business~ will be located. "Callow Business District" was left vacant in the original ordinance because a district was not defined for that area and it was felt that a district should be defined even if it may be tentative and expanded on later as more detailed studies are undertaken of that area. About a year ago, there was a proposal to do a Callow Business District study, however, it was never funded. A study of that sort would clearly define what the business district should consist of, but at this point it is suggested that it be defined as the blocks on Callow Avenue south of llth and north of First Street that front on Callow Avenue. Later on in this section there is a definition of the Manette District and it would be described as the area including the General Business Zoning district and may be further expanded under subsequent commercial rezones. The reason these are being defined is that certain parts of the Zoning Ordinance exempt the Manette Business District and Callow Business District as well as the Central Business District (CBD) from certain requirements, so it is important to have ~t included. TAPE #766 City Council Reg. Mtg.-Minutes September 5, 1990 Page 30 of 38 The "Density" defini-tion describes "net allowed density" and does not include streets, wetlands, etc., which is contrary to the manner in which development is allowed. It is prdposed to change that definition to reflect what "gross density" is - number of dwelling units usually stated per acre that may be permitted by the applied zoning district on a unit of land that includes the parcel's total area landward of the Ordinary High Water Mark (OHWM), as defined in the Bremerton Shoreline Master Program. The definition of "Dwelling Unit" deals with a "family" unit, however, through use it is more appropriate to .define "Dwelling Units" as being occupied by household rather than by "family" that are related through blood, marriage, etc. There are a lot of household units that occupy dwelling units that actually do not meet the definition of "family"-but are considered "households" The recommendation is to add the term "households" into the definition of Dwelling Unit..."A unit providing independent year- round living facilities for one family or household, constructed_to the minimum standards of the Uniform Building Code or HUD Code, and with provisions for sleeping, eating and sanitation". "Lot Line, Front" definition does not take into consideration the possibility of a private street. If a private street is approved for a subdivision or other development, adjacent lots should relate to that street as if it were a public street. The recommendation is to add "private street" to that definition. "~a_j_or Rehabilitation" had been fairly confusing lately in discussion relating to major rehabilitation in the downtown a~ea and What the City might require when someone rehabilitates a building. Discussion included greater than 10~ of the building'$ area or more than 25~ of the assessed value, tending to be confused with the figure of 75% that pertains to replacement value of a ?~ nonconforming structure. It is recommended to simplify _the definition of "rehabilitee" to say: "The upgrading of a building previously in a dilapidated or substandard condition for human habitation or use". "Standard Industrial Code" - it is recommended to eliminate this definition because it was originally used by the City. Currently, the City does not use that code but rather the "Standard Land Use Coding Manual", which is the document to which they refer. "YARD"- the Planning Commission recommends amending the definition to read: "The portion of a lot that lies between a lot line and the building (or required setback) line". "~_r__Y_a_~" area currently allows accessory buildings with "0" setbacks from alleys, etc.., and it was not clear whether side yard setback still apply, so the purpose is to add a phrase to say "for TAPE #766 City Council Reg. Mtg. Minutes September 5, 1990 Page 31 of 38 -situations' in which accessory or other structures are exempt from the rear setback requirement, the side building lines shall extend to the rear lot line and side-setback requirements shall continue to apply" Public comment - none. Mr. Johnson questioned if "through lots" had been eliminated? Mr. Hough stated no. Mr. Waibel stated under the definition of "Yard" there is a parenthetical remark-"(or required setback)" he questioned if the required setback was related to the lot line or to the building? Mr. Hough stated the required setback is the same as the building line. Don ~Pratt, Director of Community Development, stated the -question that is being resolved is that a side yard terminates at the rear yard setback. SIGNS Mr. Hough stated the proposed changes had been reviewed by sign companies, business and others who were interested in seeing some changes made to the Sign Section. Some felt the code should be stronger and should phase out nonconforming signs. Others had some personal problems with particular types of signs, such as sandwich board signs, political or special purpose signs, or wanting/needing more signs that the code allows. Many felt the size allowances for free-standing signs and shopping center signs were too restrictive, particularly along major commercial corridors such as Kitsap Way and Wheaton Way. This review attempted to address all those concerns and to find adjustments that would be in the best interest of all concerned. The review and preparation of a new proposal was initially done by the Planning Division and then they were sent out to the community for review. A Study Session was conducted by the Planning Commission June 19,1990, making some minor adjustment at that time, and public hearing was held in July. The proposed amendments include: Sign Permit - there is a new section D-2 to require correction of nonconforming signs prior to issuing building permits for new signs on the same property. This would prevent someone who had an old, deteriorated nonconforming sign that was too large from coming in and getting a permit for another sign on the same property. Exempt Signs - three changes, one was previously approved and that was to add Public Information/Identification signs approved through the Special Use Permit process (approved about one year ago). Prohibited Signs '- one section was revised to exempt readerboard/message center signs and time/temperature signs from TAPE #766 City Council Reg. Mtg. Minutes September 5, 1990 Page 32 of 38 the general category of moving and flashing lights. There was a change to refer to "Bench signs" rather than "Bus bench signs". And, there was a change to clarify the prohibited placement of portable signs. Sign Measurements - Section G-10 was added to note that the area of a portable sign is calculated as part of the total free-standing sign area available to the site. There are a lot of sandwich boards signs that are legal signs as long as they are on private property and not on public right-of-way, but the number of those would be restricted because they are part of the total calculation of sign area. Sign Placement Requirements - this whole section was reorganized to make it read better. There were no major changes made to this section. Temporary-Special Use Signs - a new Table was added to clarify regulations. This was very important as staff uses this information daily during political campaigns. General Sign Regulations - this is a new section that contains regulations that pertain to all zoning districts. These were taken from other sections to simplify and reduce confusion. Commercial District Sign Regulations - there are two major changes, one dealt with the allocation of area for free-standing signs and the other for wall signs of businesses. The first retained a $00 sq. ft. maximum sign area for free-standing signs but it eliminated the 30 foot setback for larger signs along such places as Kitsap Way, Wheaton Way. Now larger signs would be allowed but signs would be based on front footage of the lots. For very narrow parcels they are allowed at least one 50 ft. sign, as they get larger beyond 100 feet in width, they are allowed signs that increase in size up to 100 sq. ft. For shopping center signs, they can get up to 300 sq. ft., provided they have a frontage of at least 300 lineal feet and are at least 100 ft. from the nearest property line and there is no other free-standing sign on the property larger than 50 feet. Sign Area For Buildings - is based on the building facade width, allowing 2 sq. ft. sign area for each foot of width. Industrial and Special Purpose District - those districts would have a smaller sign area for on-building signs based on 1 sq. ft. of sign area per lineal foot of building. Generally in industrial areas they do not do as much commercial advertising and do not have drive-through businesses as the retail, commercial districts do. Residential Regulations - no significant changes, just some minor wording. TAPE #766 City Council Reg. Mtg. ~-Minutes September 5, 1990 Page 33 of 38 Additional changes - approved by the Planning Commission at its June 19 Study Session: Definition of Abandoned Sign was amended to add "nonconforming", so when talking about abandoned signs they don't cause conforming signs to become abandoned and then removed...just nonconforming signs. The terms "face" and "multi- faced sign" caused some confusion and the wording was changed some to make it more clear. Public comment - none. Mr. Waibel stated on definitions of abandoned signs, he wondered if "eyesore" was in the eye of the beholder just as beauty is and questioned if the City could enforce the last word in abandoned signs? President Horton suggested using the wording "physical disrepair". Mr'. Hough stated he did not have a suggestion for ~etter wording than what was in the document unless "lack of maintenance" but that tQo can be in degrees. Or, possibly using the words "as determined by the Planning Director or Building Official" could replace the word "eyesore". Mr. Johnson questioned how is it now the very large billboards are declared inappropriate - reference to Chapter IV (for those who may not be aware, he feels the very large billboards in the downtown area are no longer appropriate), and at some point he wanted to put in an amortization period? Mr. Hough stated there is an Amortization Section in the Nonconformities Chapter of the Zoning Ordinance and can amortize certain things that are nonconforming, but it needs to be determined what areas are to be targeted on an equitable basis. Mr. Johnson questioned the use of large billboard anywhere in the City - some of the larger business along the freeway, such as Denney's, motels/hotels, do have large signs. Mr. Hough stated the problem they have tried to avoid in this document is talking about the text of the sign. ~esident Horton stressed their concern relates to size of billboards not text. Mr. Pratt stated there are many free-standing billboards that are above permitted size today, but they are nonconformities and can be maintained under the Zoning Ordinance. If it is desired to do away with those type signs, an amendment to the Zoning Ordinance will be required to add signs above a certain size in the Amortization Section, identify what signs are illegal, how many years they have to live out their useful financial life and then notice must be given to each property owner of those signs. The reason they have not done this is: (1) not in Amortization Schedule, there is something in there that they have not started the clock ticking on because it is a matter of what is more important for them to do. He estimated that would take 2-300 hours of a person for a full year to implement that. It can be done, but given the current level of staff - something else will not get done. ~_~__Jqhn~o__~n expressed his opinion that he did not see it as such a large task. ~S~n__t~_H_9~ questioned if effort could be placed on that subject at least targeting the urban renewal zone? Mr. Pratt TAPE #766 City Couhcil Reg. Mtg. Minutes September 5, 1990 Page 34 of 38 stated yes, however, he did point out that it may entail a significant legal battle as well as a political battle, He felt it would truly take 2-300 hours of someone's time from the beginning to the end. Up to this point Council had not identified that as a priority. President Horton emphasized this should be considered in the urban renewal zone. Mr. Pratt stated discussions will be held on Thursday, September 6, that will provide an opportunity to discuss such an issue and he felt it would be well coordinated with some other things that are being discussed. Mr. Johnson stated he just wanted to get started. PLANNED UNIT DEVELOPMENT - Chapter VI Mr. Hough stated the City has several Planned Unit Developments (PUD) coming along and felt better quality designs are being proposed, however, there are still some problems that need to be worked out and corrected. Process of the PUD - the way it is worded now is that the Planning Commission does not make the final decision after it has gone through the neighborhood meeting and public hearing before the Planning Commission. Where the problem arises is in the section that says someone can appeal the Planning Commissions recommendation, which is odd since Council does not normally appeal a recommendation as it is not known whether or not there will be an appeal when it ge~ to the Council. The Planning Commission's recommendation is that the Planning Commission be the approval body on a PUD and it stops there unless someone appeals it to the City Council, or unless the PUD involves a subdivision or a rezone~ or something else the City Council would approve then it would go to the City Council as a public hearing. Mr. Hough reviewed the four or five steps that would implement that change in various section in this Chapter. An amendment to Section 14-D reflects a change so that it reads:- "Any use applied for and not specifically listed in the Zoning Ordinance, shall be permitted in a PUD if approved by the Planning Commission" This would apply if someone came in with a PUD that included an aerobics program or health spa that is not listed as a permitted use in that zone it can be included in the PUD and if it makes sense the Planning Commission could include it as part of the project. Real Property Restriction - all the land within the PUD shall be subject to such contractual agreements or recorded covenants as the City may deem necessary to protect the public interest?. This reflects a very minor change ... "as the City may deem necessary to protect the public interest". The word "Council was removed leaving just the word "City". Parcel Size & Requirement For PUD - at the present time a PUD smaller than one acre has to meet certain criteria in order to be TAPE #766 City Coun6il Reg. Mtg. Minutes September 5, 1990 Page 35 of 38 a PUD, designed as such and proces~as such. In some zones the City requires that any new development larger than one acre has to be designed and approved as a PUD. It is not felt this makes a lot of sense if the proposal meets all the developmental requirements of the zone or does not need a combination of zones or has no need for other flexibility that might be offered to the PUD. If someone comes along with an apartment project and meets all the setbacks, heights, open space, parking, etc., required by the Zoning Ordinance, it is not felt that project needs to go through additional review that a PUD would normally go through. What is being suggested is to eliminate the mandatory "Requires PUD" column from the Lot Requirement Table of Chapter V., and not require a PUD just because it is a certain zoning district. This would make. the PUD process more optional. At the same time, it is suggested that the Landscaping Provisions Section, Chapter VIII, of the Zoning Ordinance take on the open space requirements that would normally be required. It is felt the primary benefit of the PUD process is the open space requirement so a suggested change by the Planning Commission will be discussed at a public hearing this month. Density Bonus For Additional Open Space - some Density Bonus was added. Currently, densities allowed in a PUD are about the same as normally permitted in the Zoning district in which the PUD would be located and there is no bonus possibility, so the developer can develop pretty much what the zone allows. In order to encourage a little more creative site planning and creativity by offering some bonuses. The open space requirement right now is 15~, but they are suggesting if the developer permit additional open space then a little high, density would be allowed. And, on the other hand, if the developer provides active recreational facilities on the site, such as a gym, club house, swimming pool, etc., that they could get a slight reduction in active open space on the site by a portion of 15~. An amendment is suggested to the Maximum Units/Gross Acre By Percentages Of Open Space Table, which shows the currently required 15~ open space and density allowed, along with 20~ and 25~ or more open space and added density with a particular Zoning district. The percentage of added open space is greater than the percentage of added units in all cases. Residential Vs Other PUD's - this chapter pertains to PUD's in general and includes commercial and industrial developments. The 15~ open space requirement and the "active" recreation area requirement are not popular with commercial/industrial developers and may not be totally appropriate for those application. The Planning Commission recommends the following changes: "1. There shall be a minimum of fifteen percent (15%) of the total area of a residential PUD or the residential portions of a mixed use PUD, dedicated as common open space, accessible..." Changes To The Final PUD Plan - there are a couple conflicts in the ordinance the way it is now about how much can be adjusted once the TAPE #766 City Council Reg. Mtg. Minut6s September 5, 1990 Page 36 of 38- plan is approved and goes back for administrative permits, etc. What is suggested is that two sections be combined and the Director's authority clarified and increased slightly to better avoid the need to bring the Plan back for minor adjustments. There are some very minor one and two percent adjustments, which out of a 100 unit apartment complex one percent adjustment is one unit, and seems insignificant and it is recommended to increase that a little - (1) the total number is not increased by more than 54 (that would mean 5 units on a 100 unit project); gross square footage of commercial, office, or industrial space has not increased by more than five percent (54) over those shown on the Preliminary Plan. The amount of approved open space has not decreased by more than three percent (34). These would be administrative adjustment made when it came to time to finalize the plan for Building Permits. Changes To Final PUD Plan - the Director of Community Development may administratively approve minor changes to an approved Final Plan in accordance with the criteria of Section ll-B. Perimeter Setbacks - these must be "generally the same as those required in the underlying zoning district". This does not work well in all cases, particularly cases in which the PUD is a combination of zones, or when a PUD is a very large development adjacent to a more sensitive area. It is being suggested that a residential PUD smaller than an acre in area shall conform to the normal setback requirements of the zoning district in which it is located. If the PUD was larger than one acre, it would have setbacks according to the heights of the buildings. Public comment - none. Mr. Horning stated proposed changes looked fine and appeared to make sense. Mr. Waibel questioned under Item #7 - Amend Section 14-D, it sounds like they are allowing either a rezone or redefinition of a rezone to take place at the Planning Commission level and he was not sure this is what Council intended. Mr. Hough stated there is already a section in the Zoning Ordinance that if they come across a use ~ i~ not listed in the Zoning Ordinance, the Planning Commission can approve that use with a Special Use Permit. What this is saying is that it is going to the Planning Commission at a public hearing any way on the PUD and is the same process as a Special Use Permit, and is appealable to the City Council. Another way to do that would be to apply separately for a Special Use Permit for that particular use to be included in the PUD. ~F~s~.~_~g~gD questioned if it would then become a Special Use Permit. Mr. ~ough stated no, just a part of the PUD. Mr. Hornin~ pointed out at least it would go through an entire PUD process, so it will get heard at all the levels. TAPE #766 City Council Reg. Mtg. Minutes September 5, 1990 Page 37 of 38 Mr. Waibel questioned if numbers 1-5, under Amendment to Section /I-B, "and's" or "or's" - if any of those are violated would it come to council or if all of them are violated...? Mr. stated it would mean if "all of the following (items 1-5) were true. Mr. Waibel stated he wanted this point on record - if there is an adjustment of anyone of those 5 items, the full process would have to gone through. Mr. Johnson questioned what was the open space requirement for commercial and industrial PUD's? Mr. Hough stated currently it is 15~. ~__~9h__n_.~o__n_ noted all that was read was a section about residential and questioned if that meant wall-to-wall concrete again? ~.~___Hg~ stated no, there are also setback requirements for commercial and industrial projects. Mr. Johnson pointed out that other communities, he has observed do have open space with grass, trees and shrubs incorporated into those projects. He expressed concern that certain requirements can be waived on PUD's. Mr. Horning stated in the very nature of the PUD there may be something unusual that would warrant a setback that might be waived in place of getting something else. Mr. Hough stated currently the 15~ applies to all PUD's but what is being proposed is to apply this percent to only residential, PUD's or residential portions of PUD's. The Industrial districts all have 20~{setback requirements in front, which will continue to apply, parking lot landscaping requirements are required under the Parking Section and if designed as a PUD it will be reviewed for landscaping. Mr. Johnson stated he supported taking out the wording that addressed taking out playgrounds, but not the doing away with the requirement for a certain percentage. ~F. Hqu_g_~ stated the input they have received from people, primarily the business community, they do not want 15~ open space in the industrial area. ~F. J_o_h_n_~R stated that was typical, they want to pave the whole area. Mr. Hough stated they are saying it is fine for residential areas where people need open space. Mr. Johnson pointed out workers need a place to go for lunch and so do people who drive by after hours and look at a nice industrial park. Mr. Homing stated if a developer goes through the PUD process, then the City has the opportunity to make trade offs for something that is more desirable than just open space. He questioned if there was a requirement for an industrial park that does not go through a PUD to have open space. Mr. Houg~ stated no. Mr. Pratt stated there was no initiative to do a PUD if open space is not needed now. He suggested saying whenever doing an industrial building the landscape that is submitted will include 15% open space - this evens the table up between going non-PUD. M~-._._~P!D~ noted it may not be desirous to have that open space downtown, so this would apply within the zoning districts. Mr. Johnson stated he did not want to soften up the PUD law until the other one is toughened up. ~_~_~r~_t~ stated he could bring back something at first or second reading to address the open space for industrial areas. TAPE #766 City Council Reg. Mtgl Minutes September 5, 1990 Page 38 of 38 t2480 M/S/C/U(Johnson/Colvin) to approve the Planning Commission's recommendations to amend the Definitions, Signs and PUD sections f the Bremerton Zoning Ordinance, except for of the deletion of the 15% open space requirement in commercial and industrial PUD's. With no further business meeting adjourned at 10:12 p.m.. KATHLEEN L. MCCLUSKEY, CITY C~ERK APPROVED ~, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault