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HomeMy WebLinkAbout09/26/90TAPE #770 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0018 #0035 SEPTEMBER 26, 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 26, 1990 at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, Morrie Dawkins, A1 Colvin, Russ Johnson and C. R. "Tiny" Collins. Also present were City Attorney Ian Sievers and City Clerk Kathleen L. McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton Invocation was given by Chaplin Bernard Frankel of the USS Carl Vinson. CONSENT AGENDA A. Minutes Of Meeting - September 5, 1990, #AB90-250 B. Minutes Of Meeting - September 12, 1990, #AB90-251 M/S/C/U(Waibel/Dawkins) presented. to approve Consent Agenda as 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. M/S/C/U(Colvin/Dawkins) on September 26, 1990 the Council does approve for payment those vouchers included and further described as follows: 116998, 117022 through 117261 in the total amount of $514,378.10. COUNCIL MEMBER REPORTS Mr. Estes announced the Nibbe Memorial Service will be televised on Channel 29, Thursday, September 27, 6:30 P.M. From comments received regarding the Nibbe service, it was felt that memorial ceremony was the best ever held in the northwest. Mr. HorninQ extended a warm welcome to the Captain and crew of the USS Carl Vinson. Mr. Waibel seconded Mr. Horning's warm welcome to the Captain TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 2 of 21 and crew of the USS Carl Vinson. Besides riding the USS Carl Vinson from Alameda, CA to Indian Island, he had the opportunity to tour the ship on Friday, September 21 and on Saturday, September 22, sailed aboard for the trip from Indian Island to Bremerton. He noted the warm welcome the ship received from the flotilla of boats as they steamed into Bremerton. Mr. Johnson encouraged the public to take the opportunity to view the Nibbe Memorial Service program on Thursday. The Cable Company had received a number of calls inquiring when they would be rebroadcasting the meeting between Olympic College and the Washington State Community College Education Board on the Roosevelt Field issue. The rebroadcast of that event will be Thursday, September 27, 7:55 P.M. He extended a thank you to the USS Nimitz for the recent polishing and painting of the airplane in NAD Park. Olympic College/Roosevelt Field issue - Mr. Johnson read into the record a letter he provided to Dr. Simpson, President of Olympic College, dated June 1990, in which he identified a number of options that might be pursued to provide relief of parking and growth issues impacting the College. It was his intent to bring together City Council members and Olympic College Trustees to discuss ways to meet some of those needs. As of this date, Mr. Johnson nor the City had received a reply to this letter. Mr. Colvin commended Mr. Johnson's work with Olympic College on the Roosevelt Field issue. He also had the opportunity to ride the USS Carl Vinson from Indian Island to Bremerton and was impressed with the well mannered and courteous crew. Me received a call from a citizen inquiring if parking regulations were still applicable in front of City Hall. Mr. Colvin introduced the following officers of the USS Carl Vinson: Captain Doyle J. Borchers II, Captain Bernard Frankel, Lt. Garcia and Master Chief Milt Harris. He announced Reverend Gordon Hanstad of the Sylvan Way Baptist church would give a special welcome to the USS Carl Vinson. Mr. Collins stated he spent the morning at the Animal Control area and was concerned that there were problems in that Department and suggested Council needed to take action to fixed it. Mrs. Horton stated as promised she did have some update information on parking concerns and requested the City Clerk to report on their findings. Kathleen McCluskey, City Clerk, stated she had met with the Parking Advisory Committee last week and learned they had received similar calls to what she TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 3 of 21 had received regarding parking regulation problems. Her intent was to continue collecting data through the end of the month and then review the problem areas and determine the best solution. She noted citizens were willing to wait for a good solution to the problem. From the input received, there were two main issues: (1) hours of enforcement (24-hours - residential neighborhoods would prefer no enforcement on the weekends or after 6:00 PM; staff is now considering enforcement from 5:00 AM to 7:00 PM, which would cover each of the three shift at the shipyard). (2) Free zone - lots of comments were coming from business people and residents within the downtown area. The residents in the downtown area wanted passes to park on the streets in the commercial district. At this point, they had been told no due to its being commercial. The business people are pleased with the free zone, but they too have indicated they would like enforcement to stop during evening hours. However, businesses would like to see enforcement continued on the weekends. In regard to the Residential Parking Zone, the majority of the residents were happy with this program. There were still problems with "citizen visits", however, a process was being worked out to contact enforcement regulators and alerting them of special activities taking place within a neighborhood area, such as a funeral, wedding, larger parties etc. Ms. McCluskey stated she believed they were headed in the right direction and had received good input from the public and Parking Advisory Committee. Ms. McCluskey noted some of the proposed changes would be made administrativelY, however, all the proposed changes would be taken back to the Parking Advisory Committee as well as Council. Mr. Collins expressed concern that parking was an issue for people who volunteer to serve on City boards and commissions, as well as citizens who wish to attend City Council meetings, and questioned if something could be adjusted to allow longer parking hours on 4th Street? Ms. McCluskey stated yes, committee/board members are offered parking tokens, which can be used in the City garage. If the enforcement is changed to 6:00 PM, then that would alleviate the parking restriction concern for evening meetings. Mr___~. Estes questioned if eliminating the "$12.00/annuallY fee" for a Residential parking Permit would be addressed at this time? Ms. McCluskey stated the Parking Advisory Committee did recommend such a change and at this point she needed to determine how much revenue was being generated through the permits verses the cost of issuing the residential passes. It was her feeling that the revenue was small enough that it was not worth the problems it caused the citizens. Mrs. Horton stated she was part of the welcoming contingency for the USS Carl Vinson to Bremerton- She noted the trip from TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 4 of 21 Indian Island to Bremerton was breathtaking. The Captain and crew were excellent hosts and they showed a lot of interest in learning all about Bremerton. PUBLIC RECOGNITION Mayor Mentor read a Proclamation acknowledging children are priceless, and a happy, successful future for them is of the highest priority. Good reading skills and access to information through books is a way of opening the child's mind to a world of ideas to help assure a bright future. As a way to insure at-risk children are exposed to books the "Books For Kids" program was developed. Mayor Mentor proclaimed October 3, 1990, as "BOOKS FOR KIDS DAY" in the City of Bremerton. Mayor Mentor read a Proclamation recognizing the dedicated efforts of Emergency Nurses and proclaimed October 3, 1990, as EMERGENCY NURSES' DAY" in the City of Bremerton. Mary Moraan Suetterlein, Emergency Nurse at Harrison Hospital, accepted the Proclamation and briefly outlined the difficult tasks they are required to undertake while meeting emergency medical needs of the public. The general public does not always understand their job is a very "tough job". M_ayor Mentor welcomed the Captain, Officers and crew of the USS Carl Vinson and presented Captain Borcher with a commemorative placque "Key-To-The-City Of Bremerton". Captain Borcher thanked Mayor Mentor and the City Council for their warm welcome to Bremerton. About two months ago they were located in the Indian Ocean and they were much happier now being in Bremerton. He emphasized his commitment to the highest standards for he and his crew, not just professionally in the Navy, but personally as they become ambassadors in the community. They have plans to adopt the communities and look forward to becoming very good neighbors over the next two years. Oliver Warren, representing Blacks In Government, thanked Captain Borcher and his crew for their hospitality while they were aboard the USS Carl Vinson. Walt Berschauer, Parametrix Inc., stated on Friday, September 21, 1990, he joined the Mayor and City Engineer to attend a meeting in Bellingham, where the Transportation Improvement Board approved $2.4 million- Phase I Grant (Gorst-to-downtown highway project), which would fund the Design Report and EIS portion of the project. Mr. Berschauer noted Parametrix was looking forward to continue working with the City on this project. TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 5 of 21 Don Larson 135 Rainier Avenue, reported on a successful underwater clean up at the First Street Landing, which was sponsored by Kitsap Dive Association. He thanked the local news media, Seattle TV stations, KBRO and KITZ for their coverage of this event. He announced their next clean up effort will take place October 13, starting at 8:00 AM, in Dyes Inlet. President Horton thanked the Dive Club for their community involvement. Reverend Gordon Hanstad announced the clergy of this community had united to sponsor a "Service Of Unity", 10:00 AM, Sunday, September 30, at the Kitsap Pavilion. Approximately 30 churches throughout the community were closing their doors on Sunday and directing their congregations to attend the "Unity" service. On behalf of the Clergy of Kitsap County, he invited the Council members, members of the USS Carl Vinson and the community at large to attend this significant event. Also, he extended a special "welcome" to the four Chaplains of the USS Carl Vinson. Chaplin Bernard Frankel, USS Carl Vinson, thanked everyone for their welcoming to Bremerton and emphasized their looking forward to: living in the communities of Kitsap County, working together on mutual projects, praying together for a good future for Bremerton and getting better acquainted. 6A - REAL ESTATE PURCHASE AGREMMENT/TAHUYEH COMITY CLUB, #AB90-252 The Utility has received an offer in the amount of $32,000.00 from the Tahuyeh Lake Community Club for the purchase of a 30 acre parcel of property located at the south end of Lake Tahuyeh. The Utility's Land Management Plan approved by the City Council pursuant to Resolution #2135 on October 15, 1986, recommended sale of the property to support purchase sale of additional lands bordering the Union River Watershed. Bill Duffy, Utility Director, provided a map showing the location of the subject property - southeast corner of Lake Tahuyeh. He pointed out the property was some distance from the landownership to Utility properties currently used for water management. Approximately 1/4 of the property is underwater. Public comment - none. Mr. Dawkins questioned if the Tahuyeh Community Club planned to keep the property for public use? Mr. Duffy stated approximately 254 of the land was under water, the remainder TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 6 of 21 being wetlands except for one small parcel next to the County road. There had been some concern as to protection of the lake area and purchasing land for designated public use would provide that protection. Mr. Johnson stated he supported this proposal and questioned if the Tahuyeh Community Club would object if some kind of wording was added to reflect that all future use would be restricted to "open space" or used for community type recreation purposes on lands located above the wetlands. Mr. Duffy stated he did not see any problem with adding such wording. Mr. Hornin~ questioned if Mr. Sievers had wording that would reflect Council's desires for certain restrictions? Mr. Sievers, City Attorney, stated there were two concerns: (1) to limit the use; (2) get a right-of-first refusal back to the City if Tahuyeh Community Club were to transfer or sell the property to private interests. He suggested the following model motion: "to approve the sale provided the property is subject to a restricted covenant with right-of-reversion limiting wetlands portion of the parcel to passive recreational or natural open space use and subject to a right- of-first refusal in favor of the City if the Tahuyeh Community Club wished to sell the parcel or any portion thereof". Mr. Horninu expressed concern over the definition of "wetlands" in the out years. Mr. Sievers suggested incorporating the Shorelines Act for definition of "wetlands", which would include more than just portions underwater. Mr. Hornin~ stated he would not object if the Community Club wanted to build a community club on the highlands. Mr. Sievers stated his model motion would not restrict the Community club building such a facility. Mr. Colvin stated he agreed with Mr. Johnson's comments, however, he would not support the proposal until the suggested wording was incorporated in the Purchase Agreement and a final draft presented to Council prior to taking a vote. Mr. Overson expressed concern over the potential timber value and how it would be handled. The supporting document showed timber value at $43,188.50 and it was Mr. Overson's feeling that timber values would be doubling/tripling in less than 10 years. He wanted to make sure that something was included to assure the City' best financial interest. Mr. Horning requested Mr. Sievers circulate the revised Purchase Agreement to Council members prior to its coming back on the Council Agenda. TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 7 of 21 President Horton pointed out that if the Community Club did build some type of facility on the subject site and at some point they decided they no longer wanted it, then consideration needed to be given to those improvements and the added value to the site. Mr. Sievers stated it was possible to set a standard for the resale price option to the City. Currently it was designated at "market price" and what someone would be willing to pay for improvements. If the City did not want to pay for such improvements, then that choice would have to be made at that time. He questioned if it was Council's wish to some how limit the resale price to the City on the option? Mr. Horninu stated yes, he wanted to do whatever was necessary to alleviate the fear of the property being sold to a private developer. And, he would be willing to pay for improvements, such as little bridges along bogs, trails, etc. Mr. Overson questioned if the City was running afoul of the surplus process and not putting the property out for bid? Mr. Sievers stated that was one of the portions of the procedure that he would find implicitly waived if Council approved the negotiated sale. Mr. Estes questioned why the City couldn't give the Community Club an extended lease on the property? Mr. Duff/stated the motivation behind selling the property was to use the proceeds from the sale to acquire other properties and other timber lands that were adjacent to City facilities and watershed property. Mr. Colvin stated he supported Mr. Estes' suggestion of leasing the property. Mr. Waibel pointed out this property had already been made surplus through adoption of the Land Management Plan. Mr. Horning stated this was a win-win situation, if sold the City gets access to the money to do other things and gets the property back on the tax rolls; and allows the Council's desire of a community resource to continue. #1822 M/S/C/U(Waibel/Dawkins) to table this item for two weeks for incorporation of the items discussed during this meeting and review of the redrafted agreement by the purchaser. 6B - APPOINT TWO COMMITTEES TO WRITE STATEMENTS FOR BALLOT MEASURES FOR 1990 LOCAL VOTERS PAMPHLET, #AB90-253 Committees are needed to write the statements for the two Bremerton Ballot measures for the 1990 Local Voters Pamphlet. It is recommended that the committee to write the statement on the Fire Bond Issue be comprised of: Del Knauss, Chairman, Max #1928 #2086 TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 8 of 21 Hayes and Jim Strait. It is recommended that the committee to write the statement on the Public Works Complex Bond Issue be comprised of: Karlynn Haberly, Chairman, Janice Jones, Mary Norwood. Mayor Mentor restated the need for this request and urged Council's approval. Public comment - none. Mr. Overson requested an explanation, for the public's benefit, of the process this would entail and the product produced. Kathleen McCluskey, City Clerk, gave a brief description of Kitsap County's goals and requirements for information being included in the Voters Pamphlet. She emphasized the deadline for submitting this information was very tight and encouraged the Council to approve the proposal as presented. M/S/C/U(Johnson/Colvin) to confirm the appointment of the above recommended committee members. 7A - ORDINANCE (FIRST READING) AMENDING THE CITY OF BREMERTON 1990 BUDGET, ~AB90-254 Actions taken by the City since the last amending ordinance in May, require certain additions and corrections in order that the budget continues to accurately reflect the financial operating plan of the City. Rich Hanna, City Treasurer, stated for clarification Budget Adjustments #1-8 were included in a prior ordinance passed in May. The proposed amending ordinance would increase the total of the 1990 operating budget by $759,690.00. Public comment - none. Mr. Overson stated all of the Budget Adjustments had been reviewed by the Fiscal and Budget Committee. Mr. Overson reported the State Auditors gave the City an "outstanding" audit report evaluation and he felt Mr. Hanna was largely responsible for the work completed to get such a report. M/S/C/U(Overson/Colvin) to approve Ordinance, on first reading, amending Ordinance No. 4255 relating to the budget of the City of Bremerton for Fiscal Year 1990. 7B - ORDINANCE (FIRST READING) REVISION OF TITLE 7 OF THE TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 9 of 21 BREMERTON MUNICIPAL CODE (DANGEROUS ANIMALS), ~AB90-233 The City Council reviewed this issue on September 5, 1990, and recommended that it be further studied and brought back to Council with the suggested changes incorporated into the ordinance. Jim McNamar~, Assistant City Attorney, stated he had modified the proposed amendments incorporating Council members comments as follows: (1) deleted the requirement for submittal of proof of rabies vaccination prior to purchasing a dog/cat license. Instead, the City still had the rabies vaccination requirement, however, at the time of licensing they would be given the regular license application, which would contain a certification statement that the animal had been vaccinated; (2) the provision under Cruelty Of Animals making it a misdemeanor to hit an animal and leave the scene of the accident was deleted. A requirement that a person had a "duty" to report injuring to an animal was included; (3) the gender term (his) was rendered neutral...now it referred to either the Animal Control Officer, Officer or "he" or "she"; (4) number of pets allowed per household - provision was made for lot sizes greater than one acre would allow double the number of animals. Mike Price, 1326 N. Lafayette, expressed concern that some of the language in the ordinance could be applied to his blind, crippled 8-year old dog. He requested Council review this proposal, particularly the definition of a "dangerous animal" in order to protect a household pet being accused unjustly. Mr. McNamara stated in the definition section of "Dangerous Dog", one of the provisions included was " dog which has snapped at, did chase or attack". A new provision was added providing that "it does those attacks under circumstances that demonstrate the animals aggressive nature". This determination would be a discretionary call by the Animal Control Officer. Once a declaration was made that an animal was a "dangerous animal", the owner had the right to appeal that declaration. Mr. Collins requested an explanation of the Nuisance Ordinance as it related to "barking dogs". Mr. McNamara stated under certain circumstances a dog may be declared a "nuisance". In Chapter 7.08.100 of the Bremerton Municipal Code (B.M.C.} it was an infraction to permit or allow any animal to unreasonable annoy or disturb other persons in the vicinity of its premises or upon public streets ...barking, yelping, whining, etc. Therefore, if public peace was disturbed by a barking dog, the Animal Control officer could be called and the owner of the disturbing animal could be cited. An TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 10 of 21 escalating fine structure was included in the event the offending party did not respond with corrective measures. Mr. Johnson questioned, for clarification, if the proposed ordinance only applied to household pets and animals such as horses, cows, pigs, sheep, goats, etc., were handled under a different ordinance? Mr. McNamara stated there was a separate Chapter, which deals with certain animals, reptiles, foul/chickens. Mr. Johnson questioned if, under Household Pets, reptiles and amphibians should be deleted? Mr. McNamara stated constricting reptiles were outright prohibited. Ian Sievers, City Attorney, stated there was a list of prohibited animals under "Household Pets", and suggesting adding a phrase "not otherwise prohibited by that section, which references prohibited animals". President Horton pointed out the intent of this ordinance was to try and make people responsible for their animals. The intent was not to penalize people who do take care of their animals, but to make sure that there was protection for the public. Mr. Johnson requested prohibited by the subparagraph (1). the inclusion of "unless otherwise B.M.C.", under Section 7.94.200, #2821 M/S/C/U(Collins/Estes) to approve ordinance, on first reading, amending Bremerton Municipal Code Chapters 7.04, 7.05, 7.06, 7.07 and 7.08, including the inclusion of "unless otherwise prohibited by the B.M.C.", under Section 7.94.200, subparagraph (1). 7C - ORDINANCE #4289 (SECOND READING) REPEALING CHAPTER 2.13 OF THE BREMERTON MUNICIPAL CODE PERTAINING TO THE TOWING COMMISSION, #AB90-247 Public comment - none. #2911 M/S/C/U(Waibel/Estes) to pass Ordinance #4289, on second reading, repealing Chapter 2.13 of the Bremerton Municipal Code. 7D - RESOLUTION #2317, ADOPTING A POLICY FOR THE INVESTMENT OF CITY FUNDS, #AB90-255 The proposed Resolution will update the City's current investment policy, which was implemented in 1986, to a more current document which is based on model language developed by the Washington Municipal Treasurers Association and its national counter part, the Municipal Treasurers Association of the U.S. and Canada. #3038 TAPE #771 TAPE #770 City Council Reg. Mtg. Minutes September 26, 1990 Page 11 of 21 Rich Hanna, City Treasurer, stated this proposal did not represent any significant change in the policy or the way financial assets would be handled for the City. They would continue using investment criteria of risk, liquidity and then the yield to determine what type of investment to make with City funds. This action would adopt "model language" that was developed by the National Organization Of Municipal Finance officials. Public comment - none. Mr. Overson stated this was another testimonial to the professionalism of Mr. Hanna and his staff and he recommended approval of the proposal as presented. Mr. Johnson stated having been a co-author of the old, outdated policy, he commended the City Treasurer for doing an excellent job. And, he pointed out the old, outdated policy was patterned after the City of Seattle. M/S/C/U(Waibel/Colvin) to pass Resolution #2317, a resolution of the City Council of the City of Bremerton, adopting a Policy for the investment of City funds. 7E - RESOLUTION #2319, APPROVING FORMATION OF KITSAP REGIONAL PLANNING COUNCIL, ~AB90-256 Recent State Growth Management legislation makes planning funds available to local governments in Kitsap county to implement the Growth Management legislation, Kitsap County allocation is $344,000. In order to receive planning funds from the State, 604 of the units of local governments representing 704 of the population must agree to the grant application, which will include work program, budget, and allocation of funds to local governments. The Kitsap Regional Planning Council is proposed to manage the grant application and work program that is envisioned to take the place of the Puget Sound Council of Governments - Kitsap Sub-regional council when it sunsets in 1991. Don Pratt, Director Of Community Development, stated if a federated structure was to be developed that allowed equal representation for all entities on a regional panel, it would be extremely difficult in light of a recent court decision in Seattle regarding the METRO Board, which a Federal Judge did require, at some point in the future, to be proportionally representative. Kitsap County's organizational effort is significantly different, however the plain perception of both TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 12 of 21 of them being regional bodies builds major blocks in peoples' minds as effort was made to move a group of people together to a common goal. He noted that County Commissioners are elected by 1004 of the people in the County, however, recent State law, specifically the Growth Management Act, required County Commissioners to act on two levels of government: (1) regional governing responsibilities for both cities and unincorporated areas of the County; (2) provide local government in unincorporated areas. Which role the County played at which time would be extremely difficult to pin down, especially when trying to find what proportion of people they represent. If proportional representation was desired, County Commissioners do represent 1004 of the people in some of their decisions...in this County they represent 804 of the people in their unincorporated area decisions. The proposal being presented was a hybrid federation wherein it was said that Subregional Council grouping of nine members, in which Bremerton has three votes, Kitsap County has three votes and each of the other cities in the County have one vote, was the existing structure currently used to take votes in a regional forum. The document before Council proposes to use that structure, but stated "any majority must include three County votes or four city votes. The perception that Mr. Pratt and Mayor Mentor had regarding this proposal was there would be no unanimity on any City's part or County's part. And, that it would be extremely difficult for this group of people to let one or the other control the majority of the vote. The next best thing would be to have a veto and the proposal as submitted does empower the city coalition to be a "veto" in a majority vote. In light of the Dwyer decision, Mr. Pratt felt this was the best resolution to the difficult situation and he encouraged Council's support of this proposal. Mike Price, 1326 N. Lafayette, stated it was important that the City of Bremerton have veto rights in any land use rules and regulations or ordinances passed. He believed there was a faction in the County that would like to see no growth or recessive growth in Kitsap County, and he believed it was unrealistic to expect a no-growth situation. Bremerton and the City Council had been progressive in thinking of the positive growth of not only the City but the County as well. President Horton stated she had a discussion with Commissioner Horsely yesterday and his legal counsel advised him that Article 7, under Definition of Majority Vote was illegal and she questioned if the City Attorney agreed with that opinion? Ian Sievers, City Attorney, stated no, if that opinion was derived from the recent METRO decision, it had nothing to do with the way the votes of the membership of the Kitsap TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 13 of 21 Regional Council were formulated. That decision had nothing to do with the way the membership of this group was to be constituted, so it should not be an influence in this instances or used as a coercive tactic. This group was primarily an appointed Council, therefore that opinion had no bearing on it. Mr. Johnson stated he did not like using vetoes as a way of doing business and preferred a more positive approach. He felt the Dwyer decision was a red herring and he had talked with management officials of METRO to find out how that affected them. It had as much to do with the structure and mission of the METRO board as it did to who they represented. One of the issues that was lost in all that was being said about representation as the organization stands today, was that if one looked at the Vision 20/20 proposal, which was up for final comment with METRO, implementing this from a growth management standpoint would be basically going out and putting up no trespass signs along city borders and then the people in the urban areas would have to figure out how to absorb some super high densities. He believed the people in the super high density areas should have a voice as to how that would be absorbed and not the folks living out on the farm. Me noted coming from the most undeveloped district in Bremerton, he sometimes experienced this type of situation. When looking at growth management, land use decisions, administration of utilities, etc., all of those things had to be maintained with the community who would experience the growth. He emphasized the importance of moving ahead on the grant request and the City needed to continue working with the other jurisdictions to come up with some good answers and to work with the County. He suggested authorizing Subregional Council, as formed, to proceed with the Growth Management Grant application and to hire some professional staff to come up with a good reasonable way to develop a workable plan for the future; and before any additional funds were spent a workable solution be adopted. Mr. Colvin questioned if the proposed Interlocal Agreement for the Kitsap Regional Planning Council was the best proposal? Mr. Pratt stated in his estimation the proposal for the "majority" in the proposed document was as friendly to the City votes as he believed the County would offer. In fact, it was his understanding that there had been some reluctance from the County to make the proposed offer. Mr. Colvin questioned how did the County get into the offering mode? Mr. Pratt stated the intended mechanism was if the cities in the County and the County government couldn't agree on any kind of a voting structure in order to adopt the grant, and if the grant couldn't be adopted by individual Resolutions, then the State TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 14 of 21 would offer a mediation service to help work out the problems, taking the cost of that service off the top of the grant. The offer only means that there are five parties trying to work this out and he noted the other cities are waiting to see how Bremerton handled this proposal. Mr. Overson stated he did not understand how the current Subregional Council worked nor did he understand how the newly proposed Kitsap Regional Planning Council would work. However, in looking back over what had happen in the County during the past 20 years, it appeared that a lot of "city" type areas had sprung up, but not named "city". He questioned where was the Council Of Governments when all this was happening? Why was there more "city" not in city boundaries? If one looked around the fringes of Bremerton, one sees "city" being developed by the County openly and directly in competition with businesses in the City. The City of Bremerton had no say as to whether business in the County was allowed to causes devastating competition for businesses located in the City. He did support Mr. Johnson's suggestion to move forward in order to complete the Grant application. Mr. Pratt reminded Council that the funding coming from the State ($344,000 or more), was specifically designed to get started on a regionally adopted land use plan which would put both the cities and the County on line where development would occur. What was being requested now, was how to, on a regional basis, determine the policy where land development would occur. There needs to be a forum and voting structure in that forum to adopt, debate and implement policies. Mr. Overson did not want to see the County rural, farm land areas go away and be turned into "city like" environments. President Horton stated the State Legislature, in passing SHB 2929, recognized that was the way a lot of counties in the Puget Sound area had been developing and this was their first attempt to make local governments accountable and plan long- range as a county, including the cities. Mr. Waibel stated this was a pivotal time in determining whether or not there would be incorporation of urbanized areas. The State did mandated certain growth management practices and gave the right to the local jurisdictions to set up the mechanism of implementation. If that mechanism allows the County to veto incorporation of urbanized areas on the fringes of currently incorporated areas, nothing had been accomplished, in fact, it could mean giving away what the State was wanting to establish. Mr. Waibel felt this voting mechanism was not acceptable. It was his understanding that the proposed agreement would organize the body that would be TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 15 of 21 created simply as a department of the County with the ability to meet and take no other effective action unless the County allowed it. The reason the County currently had so many people in the unincorporated areas was because they had not allowed the incorporated areas to expand where urbanization had taken place. If this was given away with the establishment of such a body, an opportunity would be lost for years to come. He strongly urged Council to not support this proposal as presented. Mr. Hornin~ stated Mr. Waibel was on target and raised the question why so many pivotal issues to do with annexations had not come before that board? He questioned how did the County get 74~ of the total population? It had been said that this was the "decade of the cities" and he believed that was the State's desire and the cities and counties had the responsibility to protect the environment, allow for good growth, to manage growth, pay and provide for services that accomplish the task of serving people. He did not know what the final resolve would be, however, he would not support this proposal as presented. Mr. Colvin questioned how could the City annex areas without the consent of those persons living in that area? Mr. Pratt pointed out Council was being asked to determine the vote structure for adopting urban growth boundaries. Urban growth boundaries were areas in which urban densities would be allowed to develop over the next 25 years, according to recent State legislation. Incorporation and annexations must occur within those urban growth areas. The State law would be revised to prohibit any annexations that were not in an adopted urban growth area. If an area was within an urban growth area, such as Pine Road, and it was identified to be within an urban growth area on the outskirts of the City of Bremerton, the Boundary Review Board probably would not have been able to take jurisdiction and the residents of that area might not have had any say about the annexation. Mr. Colvin questioned what formula would be used to determine urban growth areas? Mr. Pratt stated the proposal was that a regional forum would be made up of representatives of the local governments in the County, such as the Subregional Council Of Governments, who would adopt a regional Comprehensive Plan identifying those urban growth areas. President Horton read into the record a recent transmittal received from the County, which included a new Item #7 stating: "Proportional Representation: By July 1, 1991 Kitsap Regional Planning Council will adopt a voting structure which satisfies the proportional representation requirements of the TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 16 of 21 recent federal court Dwyer decision if no agreement is formed this agreement shall be void". Mr. Pratt stated it was his understanding that the County means for that to include a simple majority of the existing Subregional membership to be the "majority" until July 1, 1991. Mr. Waibel pointed out on July 1, 1991, under that particular statement the County would have the right to have 70~ of the votes within that scheme. Mr. Pratt stated his understanding of what the County means was that the voting schedule on July 1, 1991, should be in accord with whatever the Dwyer decision was interpreted to mean. Mr. Sievers stated that proposal was nonsensical because the Dwyer decision had not imposed any proportional requirements. Mr. Waibel stated if the City accepts that proposal then they would be accepting the representable portion as directed by the County's attorney. Mr. Hornina stressed that under this proposal anything the County said through any vote would be law and the cities might as well stay home. M__r. Waibel questioned what would happen if an acceptable proposal was not adopted by July 1, 19917 He hoped the motion would include the process of voting procedures of that body would continue until this was established. #0890 M/S/C/U(Johnson/Collins) that the City Council of Bremerton reject Resolution #2319 and alternative subparagraph 7 and that we further authorize the current Puget Sound Council Of Governments - Kitsap Subregional Council to submit a grant application for 1990/1991 growth management funds on behalf of the local governments in Kitsap County, provided that the approval requires that no grant funds beyond administrative staff may be spent until an acceptable replacement regional body for Kitsap County is established. Mr. Horning requested Mr. Pratt to fax a copy of the motion to all mayors and City council members of the other cities in Kitsap County, so that everyone would know by Thursday morning action taken by the City Council. 8A - PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENTTOALLOW CAR AND TRUCK RENTAL IN THE BUSINESS CORE ZONING DISTRICT, APPLICANT: SORIANO BROTHERS INVESTMENT INC., ORDINANCE (FIRST READING), ]AB90-257 On August 21, 1990, the Planning Commission voted 7 to 0 recommending approval of the proposed Zoning Ordinance Text Amendment to allow "car and truck rental" uses in the Business Core (BC) Zoning District with a Special Use Permit. The City Council is required to hold a public hearing and act on the Planning Commission's recommendation. The Council may accept, TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 17 of 21 reject or modify the Planning Commission's recommendation. Jack A11inaham, Current Planning Division, stated the application was to amend Bremerton Zoning Ordinance, Text, Chapter V, Land Use Table No. 5, to allow "car and truck rental" use within the BC Zoning district. The amendment would apply to city-wide use of the Bremerton Zoning Ordinance. The BC Zoning district primarily encompasses the downtown core or Central Business District (CBD), extending from PSNS (north) to 6th Street and Sinclair Inlet to Chester Avenue. The Planning Commission used the following criteria for action: 1. The amendment was substantively consistent with the Comprehensive Plan, which identified the CBD as a transportation hub. 2. The amendment was consistent with all provisions in the Zoning Ordinance. The BC Zoning district does allow other services, such as vehicle repair services and commercial parking lots, which are similar type uses. The request by the applicant was to allow the "car and truck rental" use outright. The Planning Commission's recommendation was to allow that use with a Special Use Permit. Lawrence Soriano, 509 4th Street, speaking for Louis Soriano, explained when they learned that the car rental company, which was located in Gorst, was actively looking to relocate somewhere else in the County, they offered the idea of that company moving into Bremerton at the Park Avenue/4th Street location. It was the Sorianos' feeling this type of business would be an asset for the downtown area. They did not realize at the time that "car rental" use was not an allowable use in that zone. For the past 30 years there had been a gas station, auto repair service and recently a parking lot on the subject site. If they had realized this use was in violation of the zoning, they would have come before the Council prior to moving the car - truck rental company onto the site. It was their belief this type of business would not congest the area, would not add to noise or air pollution and would provide a needed service for the downtown area. The applicants requested the City Council to allow this use outright. Public comment - none. TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 18 of 21 Mr. Waibel questioned if there was a reason why landscaping requirements would not be included on this proposal with with the appropriate "," designation referencing the specific section in the Zoning Ordinance? Mr. Allin~ham stated the Planning Commission discussed the idea of requiring landscaping provisions and then they looked at the prime mover of this site. The site was basically a paved site from corner to corner and the Commission chose to not include landscaping requirements. Mr. Waibel emphasized that landscaping may not be required on this particular site, however, there were other areas in the BC zone where it may be desired to require some kind of transition between residential and business areas. Mr. A11inuham stated through the Special Use process impacts on adjoin properties could be mitigated. Mr. Waibel stated he wanted to get something on record that this should be identified with either an "," or it needed to be made part of this record, at this time, that as far as the BC Zone Council was expecting the Special Use process to make sure that buffering takes place. Mr. Waibel agreed with Mr. Soriano that in this case it was not needed. Mr. Allinuham stated the BC Zone was trying to discourage some residential uses. Mr. Estes questioned why a Special Use Permit was required rather than just allowing the use outright? President Horton stated commercial parking lots were allowed as an acceptable use, and if anything, this type of industry would be less obtrusive than commercial car lots as there would be less traffic dispersed throughout. #1261 M/S/C/U(Colvin/Dawkins) to approve Ordinance, on first reading, amending the Bremerton Zoning Ordinance Chapter V, Land Use Table No. 5, to allow "car and truck rental" as a use allowed by a Special Use Permit. Mr. Colvin stated a Special Use Permit provided some flexibility necessary to maintain an orderly transition from commercial to residential. Mr. AllinGham stated the Planning Commission recognized there was an inconsistency in the uses that are allowed, and the intent in the BC core was to discourage automobile oriented type uses, although they did recognize that major urban centers did have car rental businesses located in their central business district. Therefore, they felt through the Special Use Permit requirement the City would retain some control for these types of uses. Mr. Allingham noted if the use was an "allowed outright principal use", then an "," stating that the landscape provisions of Chapter 7 wwas required might be appropriate. Landscaping requirements for this particular site would basically amount to planting of street trees. #1480 TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 19 of 21 Mr. Hornin~ pointed out that any major city in the world already had car rental services located in the downtown areas to serve the travel needs. He supported very strongly "allowed principal use with the ","", which would take care of a neighbor situation if it occurred. M/S/C/(Horning/Johnson) amended the motion that the use will be allowed outright but with the ",", but would not affect this site. Mr. Waibel stated he had no problem with the amendment, however, he noted they had not followed the normal public hearing process if this amendment was approved at this point. Mr. Hornin~ pointed out the there would be a second reading of the ordinance. President Horton questioned how this item came to the Planning Commission? It was her understanding that the applicant had requested an "outright" allowance of the use and the Planning Commission recommended placing the Special Use Permit requirement on it. Mr. A11inuham stated that was correct. Mr. Collins questioned if the rental car businesses that already exist on 6th Street were allowed through a Special Use Permit. Mr. Overson stated no, that area had a Business General Zoning designation. Mr. Allinuham stated Budget Rental Car was located in General Business and took out application to remodel their Budget Rental Car site prior to the adoption of the 1988 Zoning Ordinance. The Holiday Car Rental site was located in a Neighborhood Business Zoning district, which was established prior to the 1988 adoption of the Zoning Ordinance. The previous zoning under the old Zoning Ordinance for that area was a Commercial Zone, which was granted to that property in 1958. Mr. Collins questioned the zoning designation for the area at 6th Street and Park Avenue? Mr. Allinaham stated the zoning in that area was still BC, which was adopted in 1988... land uses legally in existence prior to 1988 may remain in existence. There are several nonconforming businesses that could be identified throughout the City in the BC district. Mr. Collins emphasized he did not want an influx of car lots downtown. He felt the Special Use Permit requirement was appropriate and he agreed with Mr. Waibel that an "*" should be included to identify landscaping regulations, however, in this particular case there was no need for landscaping. Mr. Overson stated he supported requiring the Special Use Permit and cautioned Council not to be too eager to give away the downtown. TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 20 of 21 Mr. Johnson stated no matter what type of hotel complex was built in the downtown area there would be the need for car rental services. He noted he would be more than happy if a business like this helped attract a hotel developer for the downtown area. Mr. Colvin questioned what type of delay would a Special Use Permit result in for the applicant? Mr. Allinaham stated the applicant would have to submit an application, pay an administrative fee, receive clearances from the 12 standard City departments, the adjoining property owners would have to be notified, application would need to be advertised in the local newspaper. This process would entail approximately 30 days to complete. Administrative approval could be given if the adjoining property owners gave written approval and not object to the issuance of a Special Use Permit. Mr. Waibel questioned for clarification how the word "permit" was defined in the applicants statement on the application: "permit auto rental businesses in the BUSINESS CORE (BC) Zoning district". Mr. Allinahamstated the terminology in the Zoning Ordinance was "allowed principal use" and it was not uncommon for applicants of land use applications or Zoning Ordinance Amendments to not use concise or appropriate terminology. Mr. Dawkins pointed out there were only five businesses located within a three block area. He urged Council to approve this proposal. President Horton stated if in fact the City wished to discourage vehicles in the downtown area, then the Mayor needed to be held back from pursuing the multi-million new Bremerton access plan. The areas where traffic restrictions are desired could be controlled by traffic configurations and discouraging car businesses would not decrease the amount of vehicle traffic. VOTE ON AMENDED MOTION In Favor: Estes, Horning, Horton, Dawkins, Johnson Opposed: Waibel, Collins, Colvin, Overson VOTE ON ORIGINAL MOTION Unanimous vote on amended original motion: "to approve Ordinance, on first reading, amending the Bremerton Zoning Ordinance Chapter V, Land Use Table No. 5, to allow "car and truck rental" uses in the Business Core (BC) with the inclusion of the "," designation relating to landscaping requirements". TAPE #771 City Council Reg. Mtg. Minutes September 26, 1990 Page 21 of 21 With no further business eeting adjourned at 8:19 p.m. EEN L. McCLUSKEY, City ClerkKA ' il President L~~MORTON, Counc City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault