HomeMy WebLinkAbout02/22/89 MAP, 1 5 1989
TAPE 0611 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
FEBRUARY 22, 1989
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4Th Street,
Bremerton, Washington, Wednesday, February 22, 1989, at 5:30
p.m., with Council President Spencer Horning presiding. Council
members present were Lon Overson, Lynn Horton, Hank Waibel, C. R.
"Tiny" Collins, A1 Colvin, and Russ Johnson. Councilmen Morrie
Dawkins and Shirley Marty Crutcher were absent. Also present were
C±ty Attorney Ian Sievers and Deputy City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Spencer Horning and Invocation was given by Reverend
Jim Hill, of Neighborhood Christian Cent.er.
CONSENT AGENDA
A. Minutes of Meeting Held - February 8, 1989, ~AB89-033
B. Bid Award Recommendation - Ductile Iron Pipe, ~AB89-034
~0026 M/S/C/U(Waibel/Johnson) 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.
~0045 M/S/C/U(Johnson/Colvin) on February 22, 1989, the Council does
approve for payment those vouchers included and further described
as follows: 41634 through 41752 in the total amount of $95,146.48
and Regular Payroll in the total amount of $325,030.16.
COUNCIL MEMBER REPORTS
Mr. Overson reported the Audit Committee met on Tuesday, February
21, which was very productive.
Mrs. Horton reported the Citizens' Parking Committee met on
Tuesday, February 21, and areas of concern encompassing all of
the City were identified, a list was developed and prioritized
and discussion on enforcement will be on the agenda for the next
meeting - February 28. She hoped the Committee will bring forth
some good recommendations, perhaps even some ordinance changes~
Mr. Waibel reported Operations Committee met this date and were
presented Chapter I of Standards For Right-Of-Way Work In Right-
Of-Way for the City. Two more chapters of the Standards will be
provided in the future. Also, he recently experienced a
childhood past time, roller skating and survived.
Mr. Johnson s~ated this week he was approached by a citizen who
was doing some work for a charitable organization and was looking
for ways to publicize it...he discovered she was not aware how
accessible the Community Access Character Generator was to the
public and he re-emphasized, for the general public, how to go
about getting community messages on the access channel. Mr.
Johnson noted the City of Everett is following the City's lead
regarding the Remote Bulletin Board System as they are
investigating the possibilities of instituting the program in
their community. President Horning noted that two groups would
be using the "Public Recognition" time on the Council agenda to
promote local events.
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February 22, 1989
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Mr. Colvin reported he spent a week in Alaska and noted the City
of Anchorage is experiencing layoffs due to high costs of
operation and reduction in revenues - due to less activity in the
oil industry. While in Alaska he was invited to Elendorf Air
Force Base to speak on "Black History" and his experience in the
"all Black Air Force" during WWII. Mr. Colvin displayed two
plaques he received during this visit and noted he was hosted
very well.
Mr. Collins announced the West Bremerton Neighborhood will hold
an open meeting on February 23, 7:00 - 8:30 PM at Crown Hill
School - the purpose of which was to inform the people of the
City of Bremerton about the proposed Parking Plan. Mr. Collins
offered assistance to anyone who might need transportation to
this meeting 373-2082. Mr. Collins noted since last week he had
received over 400 names on a petition in opposition to the
Parking Plan as well as a number of letters from citizens voicing
their opposition also. All Council members should have received
copies of the petitions and letters as of this date.
Mr. Horninq read a letter into the record which explained Legal
Probono (people without funds to receive legal assistance) -
The Kitsap County Probono Legal Referral Services Phone #377-6936
- they will commence taking calls on March 6 from 9 AM to 1:00
PM, but they will not be seeing individuals without an
appointment until March 15. Funds to provide this service were
received through a grant and their office is located at 611
Highland.
PUBLIC RECOGNITION
Gil JohnsoN, Deputy City Clerk, read a Proclamation proclaiming
the month of February as "Black History" month. And, recognizing
that the United States and State of Washington have benefitted
significantly from the contributions of Black Americans and
special significance given in fostering the spirit of cooperation
between all segments of our multi-ethnic community. President
Horninq presented the Proclamation to Councilman A1 Colvin.
Councilman Colvin thanked Mayor Lobe and President Horning for
the Proclamation and noted several important contributions made
to mankind were accomplished by Black men: Dr. Richard Drew
discovered blood plasma, Christian Adams, a free Black who died
during the Boston Massacre (pre-revolutionary War time); and Mr.
Colvin related his role in the all Black Air Force and the many
Black men who served their Country as Americans. President
Hornin~ stated we are certainly fortunate to live in a day when
individuals can serve together and have public discussions and
debates which are not based on race.
Kay Schoneman, representing the Bremerton Concert Association,
1340 Jacobson Blvd., briefly outlined the purpose of the
Association and their affiliation with Columbia Artist and
Community Concerts Inc., of New York. Promotion for the local
events is done locally, however, some of the finest artists in
the country are available. The Association does not sell
tickets for the events, however, memberships are available:
Annual Membership Fee - $25.00 per person, $12.50 for students
and $60.00 for family membership regardless of how many children
are in the family under the age of 18.
Tom Lonq, 2433 E. Phinney Bay, Representing Bremerton Rotary
Club, formally announced the Mayor Of Bremerton Community Service
Award, sponsored by the Bremerton Rotary Club. Copies of the
application form and procedures form were handed out and Mr. Long
briefly explained the purpose of the award...recognizing
graduating Bremerton High School senior in recognition of
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significant volunteer community service. Mr. Long reviewed the
recognition plaques to be awarded, monetary award, qualifications
to apply, composition of the Mayor Of Bremerton Community
Service Award Committee, selection process. Mr. Long noted
application forms will be available through Mayor Lobe's office.
Elizabeth Buell, 1722 High, stated she received a letter from the
City Attorney regarding the 4-way stop sign at 15th and High,
however, she wanted to be reassured that the 15th and High
intersection will have stop signs. Ian Sievers, City Attorney,
stated he saw no reason to hold up placing stop signs at the
intersection. Mrs. Buell thanked the City Council for their
action on this item.
Lyle Baker, 2424 Snyder, stated he attended several meetings
where the proposed Parking Plan was discussed and then decided to
do some measuring of frontages of homes to see what would be
workable. He expressed concern that there may be some legal
problems due to shortage of frontages.
President Horninq announced Item 6A was pulled for one week, Item
7B pulled for two weeks and Item 7C pulled for three weeks.
6B - BID AWARD RECOMMENDATION - MICROCOMPUTERS, #AB89-035
Calls for Bids were prepared, advertised, distributed and
received in accordance with accepted Call For Bid procedures for
a minimum of ten {10) to a maximum of twenty five (25)
Microcomputers (P C's). This equipment is part of the computer
enhancement program approved in November 1987.
Bids were received from seven (7) firms and recorded as follows:
GTSI (a) $2,324.50 EA.
(b) $1,854.00"
Logical Systems (a) $1,625.00"
(b) $2,285.00"
Trinity Technology (a) $1,568.00"
(b) $1,714.00 "
DATEC $1,710.00 "
N C R $2,950.00 "
Softiines $1,849.00"
Applied Computer
(a) $2,593.00"
(b) 2,109/00"
Bill Ele¥, Information Services Manager, briefly outlined past
Council action starting in 1989 approving computer enhancement,
including purchasing 30 PC's (vender proposed 44)...original 30
PC's have been distributed and the request covers the additional
i0 PC's to continue the enhancement program.
Mr. Waibel questioned why four of the seven bidding firms have
two bid numbers? Mr. Eley stated in the request of proposals
minimum requirements were stated and several of the responding
companies included alternates - not necessarily going from low to
nigh or high to low. In each case the firm specified what they
were bldding and the price.
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February 22, 1989
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~1162 M/S/C/U(Waibei/Horton) to approve the contract providing a
minimum of ten (10) and a maximum of twenty five (25)
microcomputers be awarded to Trinity Technology in the amount of
$1,568.00 each plus tax as to specifications and low bid
received.
Vote: In Favor: Horton, Horning, Waibel, Collins, Colvin,
Johnson
Abstain: Overson
7A - ORDINANCE (FIRST READING) AMENDING CHARITABLE SOLICITORS
LICENSE REGULATIONS, ~AB89-037
Following amendment of the Charitable Solicitation License
Ordinance in June of last year, the Supreme Court ruled that a
similar North Carolina charitable solicitation law was
unconstitutional by limiting solicitor's fees to a certain
percentage of funds raised to guarantee a reasonable return to
the charitable sponsor. The Court observed that solicitation is
free speech, not merely an economic relationship, and government
regulation must be minimal and well justified.
Our present ordinance has a presumption that solicitation costs
of 854 or more are unreasonable. The North Carolina scheme that
was struck down was similar.
Although less efficient, the Court did allow public disclosure
requirements as a permissible means of curtailing fraud. Our
ordinance retains this approach. From discussion with staff it
was also decided that the license fee should be reduced to $500
from $1,000. This fee will be more readily defensible as an
approximation of administrative cost rather than as a penalty to
discourage professional solicitors.
Ian Sievers, City Attorney, stated in the opinion of the Court
the public policy objectives of Carolina legislature were similar
to the Council's...to prevent consumer fraud and to try to assist
charities in obtaining a larger percentage of the proceeds. The
Court basically found that the percentage formula was not
narrowly enough drawn in the area of free speech, that there were
Fraud Laws available. As far as assisting the charities, it was
found to be a little paternalistic and that charities should be
able to contract in their best interest. Also noted all of the
charities that presented a position in the lawsuit (60
charities) all were against the Carolina scheme. Mr. Sievers
noted a number of cities have tried different approaches to this
same problem, ail have proven unsuccessful and there are some
dissenting members of the Supreme Court that also found
frustration with the majority opinion.
Mr. Johnson suggested changing the maximum time limit of the
license to 60 days. Mr. Sievers stated one of the underlying
problems throughout the Court's opinion was they were very wary
of putting too much of a burden on professional solicitors and
the reason for that is that very unpopular causes, who use
solicitation as a means of disseminating information or raising
money, have to expend a lot of money to promote their cause. So
again, reducing the fee and having a shorter turn over is on a
continuum and you need to be careful not to penalize
professional solicitors who need to make long runs to
disseminate information or to run a campaign. If a shorter time
period is used it may require a second license which would shoot
the license fee up to $1,000.
Mr. Collins questioned if the ordinance requires a license at the
time of planning or at the time actual soliciting is started?
Mr. Sievers stated the business of soliciting is when asking for
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money not planning or preparation stages.
Mr. Waibel stated when an organization is spending 85~ of the
funds to solicit they are actually advertising...not soliciting.
He did not understand how this is a restriction on "free speech".
Mrs. Horton questioned wording in the ordinance in Section
5.17.080 includes mention of the limitation of an 85~
solicitation fee? Mr. Sievers explained that section should be
repealed by Section 2 of the proposed ordinance. Mrs. Horton
pointed out that at the end of the "boiler room" operations some
close in the middle of the night and vanish - leaving the City
with complaints that required City staff time to clean up the
issues, such as unpaid bills and disgruntled people. She
supported the $1,000 fee as a reasonable fee with the
consideration of a possible 504 return a~ter the operations was
concluded and she questioned if that would be feasible? Mr.
Sievers stated it was more in the nature of a surety bond or
deposit, being refundable...it would be less onerous but still
requires up front money or a bond could be taken to insure
certain things and could be included in the Ordinance. Staff
felt they did not earn $1,000 and they felt it looked more like a
penalty than a $500.00 fee. Mrs. Horton stated she would like
something like a bond be included in the Ordinance. Mr. Johnson
questioned if adding a section requiring a bond would be
allowable at second reading of the ordinance? Mr. Sievers stated
yes...the subject of the fee itself is being dealt with and would
provide an option other than a higher license fee.
Mr. Johnson stated, to clarify the record, the 60 days that he
arrived at was not simply multiplying 500 times two and coming up
with $1,000. He based his suggestion on previously held
campaigns like United Way, Easter Seal, etc., and most of those
do no~ last more than 45 days, however, the possible solicitation
time may run longer and to be equal he felt 60 days would be
fair. He felt if a solicitor carried a campaign longer, such as
120 days, they were soliciting for something other than a
charity.
~1640 M/S/C/U(Johnson/Colvin) to approve Ordinance, on first reading,
reducing the license fee for professional fund raisers, removing
a limitation on cost of solicitation, and amending Chapter 5.17
of the Bremerton Municipal Code and change the minimum number of
days for license to 60 and provide a provision at second reading
for bonding of the applicant be included.
8a - PUBLIC HEARING - TO ACCEPT PUBLIC COMMENTS PERTAINING TO THE
CORRECTION OF ERRORS IN THE TEST OF THE BREMERTON ZONING
ORDINANCE, ~AB89-039
When the City Council adopted the City's new Zoning Ordinance on
October 5, 1988, it also established a "Correction Of Errors"
process and a three-member Zoning Review Committee to review
requests by property owners and others who felt an error had
occurred in the text of the Zoning Ordinance or in the
application of zones to specific properties. The Zoning Review
Committee has met on November 29 and January 31 to review
suspected zoning errors and is now forwarding its recommendations
to the City Council for public hearing and final decision. This
first public hearing is to consider only recommendations
pertaining to the text of the Zoning Ordinance and to accept
public comments pertaining to those specific issues and
recommendations.
Ron Hough, Planning Manger, stated some of the errors and
corrections were discovered by citizens and others were found by
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members of the staff - ali were processed through the Zoning
Review Committee. Mr. Hough provided a Staff Report listing 16
Issues for Councli's consideration to correct in the Zoning
Ordinance. The Staff Report is attached to and made part of
these minutes to clearly identify each of the 16 issues, which
includes recommendations made by the Zoning Review Committee.
Paul Schmitt, Manette, spoke to Group I, Item #7 - he supported
staff's recommendation to allow parking lots in the MX Zone.
~APE #612
John McConnell, Manette, spoke to MX Zone - noted that there are
only three MX Zone areas in Bremerton, two zoned Commercial and
one zoned Mixed Use. He suggested that the MX Zone be applied
more evenly by taking out the extra provisions. Mr. McConnell
questioned who served on the Zoning Review Committee? Mr. Hough
stated the Committee members included: City Council - Lon
Overson: Planning Commission - Mary Fields; Neighborhood
Organizations - Cecil McConneil. Mr. McConnei questioned if they
over ruled the staff's recommendation on this item? President
Horning explained that the Committee members made their
recommendation to the Clty Council for their consideration. Mr.
McConnell suggested that a deeper review be given to items. He
felt that in the future the MX Zone will be more of a
transitional use.
Cecil McConnell, President of BACON, spoke to Group I, Item 7-
noting the Special Use Permit requirement became about because
some of the areas are transitional and the Review Committee felt
there should be some City control over where and how the parking
lots were developed. Under Group i, item #13 - Mr. McConneli
noted backing up from any type of facility into traffic is
dangerous. He felt smaller day care facliities in residential
neighborhoods encounter less traffic and may have less danger in
backing into street. However, larger facilities on busy streets
presents added danger and should have requirements regulating
exiting on to a street. Under Group 2, item #5 - Mr. McConnell
stated he felt mt was misuse of a Special Use Permit for special
purpose signs and considered it a Variance issue. Under Group 2,
Item 2 - Mr. McConneii stated he felt it was a treatment of
Public Parks...noting day care faciilties are allow in the
schools if desired.
Sue Matan, 13112 J Keyport Rd. NE, Pouisbo, spoke to Group 2,
Item #2 - stating she was the person who initiated the
recommendation to look at the possibility of including day care
facilities and pre-schools under Public School Zoning. She
pointed out that School Districts are currently leasing school
properties for' other uses, such as Cable Company, looking to
lease Olympic View School as professional office space. What she
is asking is can they consider using some of the school land for
the kids? She emphasized that Pefore and after school programs
and pre-school, by their very nature, belong on school land.
Under the current new Zoning Ordinance these type programs cannot
De considered. Presently the only way a before or after school
program will be allowed Ln a school is if it is run by the School
District. A private contractor cannot come into a school and run
a program. Ms. Matan noted the child program approved by the
legislature is looking ~or ways to provlde pre-schools for
chlidren, part!culariy for "at risk" children. The Headstart
Program has proven to be a way to reduce the "drop out" rate at
high school level. She strongly urged the City Council to include
day care in the PS Zone as a possibiiity, elther as an accessory
use to allow the School District to decide how they would like to
provide betore and after school programs in the schools or give
them an option to allow a private contractor to run a program
through the school.
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February 22, 1989
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Mr. Overson briefly explained the process used by the Zoning
Review Committee. Group I, ~tem 7 - he acknowledged that some
developers would like to see everything between Burwell, Callow
and Shipyard fence turned into parking without any amenities.
However, personally he believed there should be limitations
stipulated and the encourage park and rides to ease vehicle
parking impacts. Mr. Overson questioned, relating to Group I,
Item ~9, people who are currently parking on their front yard
setback (many have poured concrete or asphalt) are they
grandfathered in? Mr. Houqh stated anything that is currently
established will be grandfathered in. Mr. Overson questioned if
he observes a vehicle parked on a front lawn who should he call
and report it to? Mr. Hough stated right now it is not illegal
to park on front lawns so no one would need to be called. If the
proposed change is approved then it would be a Zoning Ordinance
violation and should be reported to the Building Department.
President Horninq stated for clarification that those areas that
are grandfathered in wou~d have had to been established legally,
meeting City's standards. Mr. Houqh explained currently if
someone is building a new house two parking spaces are required
and they cannot be located in the front yard.
Mr. Johnson spoke to the issue of through lots and the difficulty
in trying to maintain properties ~hat are so designated. He
suggested that exemption be given to those properties. Mr. Houqh
stated through lots have frontage on two streets and any property
that fronts a street is considered a front yard and front yard
setbacks apply. Mr. Overson offered to take the through lot
issue back to the Errors & Corrections Review Committee for
further study.
Mr. Johnson questioned, under Group I, item i2, the number of
spaces required for transient moorage ... ~-20 slips (if we had
100 slips only 5 park±ng spaces would be required)? Mr. Houqh
explained this level was adopted by the Urban Renewal Plan.
Mr. Johnson stated his opposition to having day care centers in
PS Zone but did support the School District providing such care
even if it meant contracting the services out. Mr. Sievers
stated that as it stands now the School District would have to
operate such a program themselves.
Mrs. Horton expressed concern that those vehicles allowed to park
in front yard setbacks be operable vehicles and not disabled/junk
cars and if it is determined that inoperable vehicles are being
parked in that area that the variance be pulled. Mr. Hough
stated item #9 works c~ose with Item ~8...to provide and
continuously maintain required parking spaces.
Mr. Collins expressed concern over what is meant by "operable
vehicles", Item #9, and how this would affect someone who desires
to recondition a vehicle which might be parked in a front yard.
Mrs. Horton stated she was concerned with car hulks, some might
be filled with garbage, that are just sitting. Mr. Sievers
stated there is a definition under the Nuisance Section which
addresses storage of nuik vehicles, listing five criteria and the
Police Officers have a check list to work from. if it was
determined that continuing work was going on, then the vehicle
may be allowed in the front yard area. Mr. Overson pointed out
that many auto rebuilders prefer working in a garage area. Mr.
Collins questioned if Mr. Siever's definition of a hulk can be
used opposed 5o "operable"? Mr. Sievers stated that definition
leads off with inoperable but hulk could be used.
Mr. Johnson questioned where do boats, RV trailers, etc., fit
into the parking issue? Mr. Houqh explained a single family
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home owner is required to have two off street parking
spaces...anything may be parked on those two spaces. Right now
there is nothing to prevent parking boats, RV trailers, etc., on
front lawns.
Mr. Collins pointed out that within the areas of Port Washington
Narrows to Constitution Street, Shipyard to 15th Street, there
has not been any new home construction in 25 years. And, these
homes were built under existing standards at a time when vehicles
were a luxury not a necessity, so now are you saying every single
family dwelling requires two off-street parking places? Mr.
Hough stated this standard is applied to new construction and if
they do not currently have two spaces then they are not required.
Mr. Collins questioned why the City is applying the two off-
street parking requirement to homes built 25 years ago? Mr.
Hough explained it is a City wide criteria.
~1219 M/S/C(Overson/Johnson) Group gl, Item g7, to accept Committee's
recommendation (page 8 of attachment).
Vote: In Favor: Colvin, Overson, Horton, Johnson, Horning
Opposed: Waibel, Collins
M/S/C/U(Waibel/Horton) Group I, ~tem ~8, to accept Review
Committee's recommendation (page 9 of attachment).
~1266 M/S/C/U(Waibel/Horton) Group i, Item g9, to accept Review
Committee's recommendation (page 10 of attachment).
Mr. Johnson questioned, under Item i0 (Section 6B), what is
definition of "private building"? Mr. Houqh stated it pertained
to industrial/commercial building.
~1280 ~/S/C/U(WaiDei/Horton) Group I, Item gl0, to accept Review
Committee's recommendation (page 11 of attachment}.
~1335 M/S/C/U(Walbei/Horton) Group i, ~tem gli, to accept Review
Committee's recommendation (page 13 o~ attachment).
~1350 M/S/C(Overson/WaiDel} Group I, Item gi2, to accept Review
Committee's recommendation (page 14 of attachment).
Vote: In Favor: Overson, Horton, Horning, Waibei,
Collins
Opposed: Colvin, Johnson
Mr. Waibel questioned if the division between a small day care
facility and a larger day care facility really addresses the
safety problem that Item #13 is trying to address. He suggested
referring this item back to the Review Committee. Mr. Overson
questioned if there was a potential that could be handled through
a Variance? Mr. Hough state~ not very likely, a Variance is a
hardship situation and ne was not sure a hardship situation would
exist in that case. Mr. Overson suggested the possibility of
approaching access via an alleyway - and questioned if the no-
backing came from a higher authority? Mr. Houqh stated the no
backing requirement comes from the Zoning Ordinance. Mr. Overson
questioned if the City would be liable if they allowed a
perceptibly unsafe situatlon? Mr. Houqh noted that there are a
number of small day care ~acliities in homes that do not have
circular driveways and those existing would be grandfathered
under the new ordinance. Mr. Johson stated he did not support
requiring the small day care facility in a residential area to
provide a circular driveway, which might discourage this type of
enterprise as it is an advantage to keep chlldren w±t~in their
own neighborhoods. Mr. Colvin questioned if the City would be
liable if the City allowed backing up in certain areas? M~.~_
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Sievers stated no - the City is not entering into an area of
regulation.
~1575 M/S/C(Waibei/Collins) Group I, Item #13, Council accept this item
was in error and correction needs to be reviewed further by the
Review Committee.
Vote: In Favor: Colvin, Johnson, Horton, Horning, Waibei,
Collins
Opposed: Overson
~1602 M/S/C/U(Waibei/Horton) Group I, Item #14, to accept Review
Committee's recommendation (page i6 of attachment).
Mr. Johnson stated he was opposed to Item #i because of what it
does - for example: if the City were to annex all the property
between the Shipyard and Gorst, there is probably existing zoning
that would allow motels, junk yards, etc.. If we did not want
that same zoning in that area then there is no opportunity for
the City to enter the Rezone application.., it would be automatic
on the part of the landowner that he would get, at no cost, the
Zone that he had or nigher. President Horninq questioned for
clarification - they still enter into the pre-annexation zoning
and if it is not accomplished then they would only nave a
temporary zoning designation? Mr. Hough explained a temporary is
given automatically, however, they may not select to use it. Mr.
Sievers stated maybe the problem is pretty remote because most
annexations are through the petition method and the Council, in
accepting that petition, can require simultaneous adoption of a
proposed zoning that has gone through the Planning Commission
and approved by Council before they do the annexation. Also, the
property owner may want to require that zoning, making sure it is
in place, and he approves it before he has the petition carried
forward to be accepted by the City. This is a situation where it
could speed up annexation where there is not a large concern
either on the City's part or the property owner's part and would
simply be a moratorium adopting a similar designation until it
can be reviewed, in answer to Mr. Johnson's question - "is that
initiated only by the property owner after 60 days"...that is not
the way this proposal is to operate - it shall be reviewed within
60 days to the Planning Commission whether or not it is
requested by the property owner. Mr. Johnson questioned who is
the requester of the rezone? Mr. Sievers stated simply by
adoption of the annexation with a default zoning will be reviewed
through the normal process once it come into the City before 60
days expires. Mr. Johnson questioned whether the City could
down-zone a property without a rezone application? Mr. Sievers
stated yes. Mr. Hough stated that is the chance a person is
Going to take if they want to hurry up annexation they will trust
t~e City to do what is right on their property. In most cases
they will want to know what the zoning is going to be before
final annexation takes place. Mr. Collins questioned if there
was something in Zoning Law that states the City cannot take away
the individual owners right for the higher and best use of the
property. Mr. Sievers stated if the property owner had a
building permit submitted to the County and the property is
brought into the City they would be able to invest in that use
after annexation regardless of what the zoning became. Mr.
Overson pointed out the City is not in the position to be that
ultra selective - if a person is a landowner on the border of the
City one would certainly want some kind of certification that the
land has comparable value to what it currently had. Mr. Johnson
stated either it is negotiated during the annexation process or
do nothlng and tnen Go to the lowest Residential designation and
climb up the ladder. As it is with the proposed changed it ends
up in a never-never land. Mr. Overson questioned if the proposal
Is voted down does the present process provide for negotiating
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the zoning? Mr. Houqh stated yes, it just takes a little longer,
having to go through the Planning Commission before coming before
City Council. Mrs. Horton questioned if within the 60 day period
the City could say that building permit applications cannot be
filed. Mr. Sievers stated yes, that could be done because it is
a shortened up moratorium thereby preventing use of the temporary
zone. Then, all that should be said is that you do not adopt any
land use designation for 60 days.
~1670 M/S/C(Waibei/Horton) Group %ii, Item %1, to accept Review
Committee recommendation (page 2 of attachment).
Vote: In Favor: Horton, Waibei, Horning, Collins, Colvin
Opposed: Overson, Johnson
Mr. Johnson emphasized, regarding Group II, Item %2, that the PS
Zone references Parks, Schools, cemetery, libraries, etc .... not
any type of commercial enterprize within those areas. If the
proposal is turned down and day care is an accessory use to the
school and tied directly into the school, a day care center will
be allowed.
President Horning stated for clarification the intent of action
being requested...was there an error made at the time the Zoning
Ordinance was adopted.
Mr. Waibel questioned how the word "involved" is used in the in
reference to day care facilities and schools? Mr. Sievers
stated involved would mean some kind of contractual arrangement,
on the same premises, as the principle use (owned by the school
and/or leased with the school), thereby being some kind of
involvement with the principle use. Also, it must meet the other
elements of "accessory use". Mr. Houqh stated the interpretation
in tne draft referenced by Mr. Waibel was drafted by Don Pratt,
Director of Community Development. This was discussed several
times and "involves" means that the day care involved in some
sort of way with the curriculum of the school or the operation of
the school, not just involved through a contractual arrangement
to lease property. Mr. Sievers stated he did not agree with that
as a definition of "accessory use", it is actually more
restrictive. It gets back to the business of typical definition
and not require actual ownership or control, rather the two uses
be related in a certain way incidentally subordinate to the
principle use and on the same premises as the principle use. Mr.
Waibel questioned if there would be a need to establish Council's
interpretation of "involved" so that it may be utilized by the
Planning Department since it appears there is a disagreement over
their interpretation of "involved"? Mr. Sievers stated he felt
it would be helpful to have a definition of "accessory use" in
the Definition Section of the Zoning text slnce it is an unusual
definition. Mr. Waibel questioned if this would be an error that
needed corrected? Mr. $ievers stated yes, if the Council is
going to be more restrictive in the Zoning text. Mr. Houqh
stated for the record there is a definition for "accessory
use"...use which is incidental and subordinate to a principle
use and which is customarily found in connection with the
principle use and located on the same lot. Mr. Overson questioned
if ~ne interpretation of the draft was inappropriate. Mr.
Sievers stated yes, that definition is the common definition and
does not require that kind of active involvement by the school.
Mr. Houqh explained the draft Council received prior to the
meeting was drafted to help with discussions with the Review
Committee only. Mr. Waibel noted the definition was not
apparently clear to the people who have to apply it and they
came up with an interpretation.
TAPE #612
City Council Reg. Mtg. Minutes
February 22, 1989
Page 11 of 13
Cecil McConnell, member Review Committee, stated he continues to
support the Committee's recommendation that there was no error
committed, however, if the Council is having second thoughts on
the PS Zoning designations then they should look at it from that
perspective. Mr. Overson, also a Committee member, also
concurred in the Committee's recommendation.
Sue Matan, day care operator, stated the reason she brought this
issue before the Errors and Corrections Committee was before the
Zoning Ordinance was approved she brought this issue to the City
Council and was told this was an issue that needed to go to the
Errors and Corrections Committee. President Homing pointed out
that two of the three Committee members believe no error was
committed, maybe at some later point Council may revisit this
whole issue.
~2122 M/S/C(Collins/Colvin), Group II, Item #2 - to accept the Review
Committee's recommendation that no error occurred (page 3 of
attachment) .
Vote: In Favor: Johnson, Overson, Horton, Horning
Opposed: Waibel, Collins, Colvin
~2945 M/S/C/U(Waibel/Horton) Group II, Item #3 to accept Review
Committee's recommendation (page 3 of attachment).
~2970 M/S/C/U (Waibel/Hor ton) Group II, Item #4 to accept Review
Committee's recommendation (pages 4 and 5 of attachment).
Mr. Waibel stated, regarding Group II, Item #5, he did not
believe Special Use Permit was the proper way to resolve this
issue, however, he did feel there was an error in not recognizing
that the City might be blocking some signage that would be
beneficial to the community.
~3046 M/S/C(Waibel/Colvin) Group II, Item #5 to take this item back to
Review Committee.
rAPE #613
Vote: In Favor: Horning, Collins, Colvin, Johnson, Waibel
Opposed: Overson, Horton
~0030 M/S/C(Waibel/Coliins) Group II, Item #6, to accept the Review
Committee's recommendation (page 6 of attachment).
Vote: In Favor: Overson, Horton, Horning, Waibel, Collins,
Colvin
Opposed: Johnson
~0040 M/S/C/U(Waibel/Horton) Group II, Item #15, to accept Review
Committee's recommendation (page 16 of attachment).
~0050 M/S/C/U(Waibel/Johnson) Group II, Item #16, to accept Review
Committee's recommendation (page 17 of attachment).
8B - PUBLIC HEARING - TO CONSIDER 754 PETITION TO ANNEX: MILLER
ANNEXATION AND ORDINANCE (FIRST READING), ~AB89-040
On February l, 1989, the City Council accepted a 10~ annexation
petition, submitted by Jeff Miller for the annexation of two
lots, having a total area of about 7.3 acres. The property is
located adjacent to the City's western boundary and approximately
2,000 feet south of Kitsap Lake. SEPA requirements have been
met, a DNS was issued on December 7, 1988, and the Planning
Commission conducted a public hearing to consider future zoning
for the property at its January 17, 1989 meeting. The
Commission's zoning recommendation is included with the staff
report.
TAPE #612
City Council Reg. Mtg. Minutes
February 22, 1989
Page 12 of 13
The next step in this process is the City Council public hearing
to accept public comments and to consider the 754 petition for
annexation.
Ron Hough, Annexation Manager, provided a view graph showing the
location of the property and surrounding property uses. The
property consists of two lots, about 6 acres owned by Mr. Miller
and an easement for a utility line owned by Kitap County. The
County has been given notice of the annexation and it is being
ieveraged in Jeff Miller's property consisting of at least 754 of
those two property combined. As of this date no response had
been received from the County.
Mr. Hough stated the Planning Commission considered Mr. Miller's
request for Single Family 2 zoning - he wants to create some
single family lots on the property...minimum size lots w/septic
system is 12,500 sq. ft., a Single Family 2 allows 9,600 sq. ft.,
and he is still limited to 12,500 sq. ft. To encourage other
properties in this area to annex in the future the Planning
Commission felt that some incentive be given that allows some
development that is economically feasible. Mr. Miller's current
zoning is one acre zoning under the County's jurisdiction.
Mr. Hough reviewed comments from other City Departments: Water
Department - no identifiable problems noted; Storm Water - no
identifiable problems noted; Fire - if development takes place
even single family dwellings the sections of the Fire Code with
regard to access and fire flow will apply. The applicant is
aware of the Fire Code requirements and City Ordinance
requirements for public access and he is willing to dedicate
public right-away for a street to have access to his property
from the nearest road; City Attorney - property needs to be
accessiDle by alley or street; Parks Department - annexation of
properties at south end of lake will be good for the future;
Kitsap Lake Neighborhood Association - if annexed, this property
should be annexed at "3" units per acre instead of "5";
Engineering, Police, School District, Building Department all had
no problems and the Sanitary Sewer had same "stormwater"
comments.
Mr. Hough noted Resolution #89-2 from the Planning Commission was
included in Council's Agenda packet which recommends the SF-2
Zoning, as well as a proposed ordinance which would be up for
first reading and if approved would be the first step toward
annexation of the property.
Mr. Johnson voiced his displeasure that Council had not received
the signed petition until just prior to the meeting. Mr. Hough
explained that the petition was returned to Mr. Miller for a
second signature which caused the delay. Mr. Johnson noted that
future sewer expansion in the Kitsap Lake area would go north and
west not south and east. He also did not like the innuendo that
Council would support higher density annexation through the
whole south end property, which is a fairly large piece of
property, in fact, the traffic folks made zero comment as to how
traffic will be moved out of the area and the only logical way is
out Price Road which is where the 270+ Dockside residents will be
exiting. If promises are being made to others interested in
annexation, someone had better be designing new streets.
#0511 M/S/C/U(Coilins/Colvin) to approve the application of the SF-2
zoning district to the subject area upon annexation.
#0521 M/S/C/U(Waibel/Coliinst to accept the 754 petition and approve
the annexation of the proposed area.
TAPE #61~
City Council Reg. Mtg. Minutes
February 22, 1989
Page 13 of 13
~0533 M/S/C/U(Overson/Horton) to approve Ordinance, on first reading,
annexing approximately 7.3 acres south of Kitsap Lake into the
City of Bremerton, requiring said property to be assessed and
taxed at the same rate and basis as other property within said
City, rezoning said property to Single Family Zone 2 and fixing
the effective date of annexation.
With no further business meeting adjourned at 9:00 p.m.
KATHLEEN L.
~SP£NCER HORNINGCouncil President
City of Bremerton
KLM/SH/me
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