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HomeMy WebLinkAbout09/13/89 TAPE ~671 UNAPPROYED DRAFT CITY COUNCIL MEETING MI~UTES SEPTEMBER 13, 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, September 13, 1989 at 5:30 p.m., with Council President Spencer Horning. Council members present were: Lon Overson~ Shirley Marry Crutcher, Lynn Horton, Hank Waibel, Morrie Dawkins, C. R. "Tiny" Collins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Horning and Invocation was given by Councilman A1 Colvin. CONSENT AGENDA A. Central Valley Road Transmission Main improvement Project - Contract $3103, $AB89-254 023 M/S/C/U(Waibei/Collins) to approve Consent Agenda as presented. CLAIMS/WA~KANT 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. 038 M/S/C/U(Colvin/Waibel) on September 13~ i989, the Council does approve for payment those vouchers included and further described as follows: 45555 through 45658 in the total amount of $253~813.11. COUNCIL MEMBER REPORTS Mr. Crutcher reminded everyone about the Mayoral candidates forum at Olympic College on Thursday, September 14. Mr. Waibel reported early today there was the signing of a very significant document at the Court House - making the City of Bremerton the only program outside of the State of California with Pacific Bank for low income housing loans. And~ fire calls during the month of August- 1989 were 45 less than August-1988, however, aid calls for August 1989 were up about 45 over August 1988. Mr. Johnson reported on September 8 the City of Bremerton sponsored a trip to the City of Portland~ Oregon and Clackamas Community College to specifically look at initiatives being taken in the Portland area regarding recycling oi plastic materials. They met with representatives of AMACO Oil, had a Council For Solid Waste Solutions hosted tour of a recycling plant where they saw seven types of plastic coming in via semi-trucks and going out in boxes. Basically, they ta~e everything from plastic bags, egg crates, pop bottles, soap and shampoo bottles (sorting them by kind), grinding them all up and processing to come out like little peas and boxed. The resulting product is sold throughout the world. Examples of products produced from the recyclable materials were provided~ such as a yoyo and they saw a number of applications of the product. Since that trip, there has already been a business response about the possibility of locating such a business in the Bremerton area. Mr. Johnson announced the City did not receive the large grant which was submitted in conjunction with Kitsap County and Brem-Air Disposal, Inc., to do a comparison project on curb side recycling and drop off box recycling. The remaining grant application for funding assistance to the EDt %c develop recycling in Bremerton has not been awarded as of this date. Earl Smith Director of the Economic Development Council of Kitsap County~ read into the record a letter of commendation to Michael Bond, Council Legislative Intern, for his efforts on behalf of Bremerton and Kitsap County. Mr. Smith stated it is neat to know TAPE #671 City Council Reg. Mtg. Minutes September 13, 1989 Page 2 of 11 there are young people like Mike working for the betterment of the environment and community. Mr. Johnson presented Mike with a Certificate Of Appreciation, which reflected his exemplary performance in the areas of solid waste management, Council computer Bulletin Board System, promoting economic development and improving citizen communication. His efforts improving the Bulletin Board System to the point where it is being used as a model for improved community dialogue no~ only in the State of Washington but throughout the United States and Canada. Mike Bond stated how much he appreciated the opportunity to work for the City Council for three summers and had gained both experience and knowledge in the workings of municipal governments. And, since his recent experience in China he is much more appreciative of the rights and freedoms being a citizen of the United States. He hoped the Council would continue the Legislative Intern program, giving other students the opportunity that he was privileged to experience. He thanked Merilynn Erhart, Legislative Assistant for her assistance and guidance. And, he is deeply indebted to the City Council for this incredible opportunity. Mr. Colvin stated he also is more appreciative of the U.S. government after his observation of a Communist government. And, he thanked Mike for insisting that he participate on the tour to Portland to view the recycling programs. He was amazed at the application of such recyciable plastics being used as 1/2 of a bridge being built. He noted the life expectancy of the plastic lumber was 500 years. During the tour he learned that recycled paper products cost more right now than those produced out of raw material. Mr. Homing noted the signage of the document for low income loans is another step bringing affordable housing to Bremerton. Mr. Johnson introduced Ms. Margaret Norton-Arnold, representing the National Association of Plastic Container Recovery (NAPCOR), who will discuss current activities on plastic recycling. Ms. Norton- Arnold handed out a more detailed information packet to each Council member. She explained the Seattle firm she works for. O'Neil & Co., is the official representative for NAPCOR in the State of Washington. NAPCOR is particularly interested and committed to PET (plastic used to make soft drink bottles and liquor bottles) plastic recycling. There about 6 million pounds of PET sold in Washington every year. Since February of 1989, NAPCOR has been very active in Washington guaranteeing a market so the public can bring their plastic soft drink and liquor bottles to buy back centers and receive 8 cents per pound - the centers themselves get an additional 8 cents per pound and processors at the top getting 24 cents per pound for the material. The program has worked very well - they have recruited 60 buy back recyciers throughout the state to participate, in seven curb-side recycling programs and in four different landfill recovery operations. NAPCOR has been actlve in Bremerton - working with Peninsula Recyclers, who are pulling in some substantial volumes of plastics from their customers. They also have a drop site at Bangor where they have collected quite a large amount of materials. since February, 1989, 65,000 pounds of PET have been recycled throughout the state - that is about 520,000 soft drink bottles. PET is used to make polyester fiberfiii for ski jackets, carpet fibers, distributor caps and Proctor Gamble is currently experimenting using it in a container. Industry is moving in the direction to manufacture products that can be used over and over again. Ms. Norton-Arnold stated she looked forward to working with the TAPE #671 City Council Reg. Mtg. Minutes September 13, 1989 Page 3 of 11 City in any way to promote industries producing products.from recyclable materials. Mr. Johnson stated if you do patronize Peninsula Recycling they will provide a giant plastic bag to collect plastic bottles. Mr. Overson pointed out the Unity Church on Trenton Avenue has receptacles for plastic bottles and aluminum cans. President Horninq introduced Earl Smith, Director of the Economic Development Council of Kitsap County. Mr. Smith stated the Economic Development Council (EDC) was under contract with the City for professional services with Don Pratt~ Director of Community Development being the manager of that contract. Mr. Pratt requested five tasks from the EDC as follows: (1) Annually upgrade the industrial site inventory and update community profiles, which are sent to Olympia and from there sent out to businesses looking for places to locate or relocate. This information has been translated into Japanese for those inquiries coming from Japan. 2. EDC to report on local Federal contracts that local small businesses are eligible to pursue. Since July 1 to August 31 the EDC has put small business in contact with 2,088 possible government contracts. They actually submitted 69 bids with 35 being awarded and kept $2,298~000 in Kitsap County. 3. Quarterly report on the names of businesses the EDC has assisted. In the last quarterly report (April I to June 30) they had assisted 270 business, taught four small business courses of which the average number o~ businesses attending was 43. 4. Market Bremerton - Mr. Smith pointed out that Flagship '89 is doing more marketing o~ Bremerton than ali the rest put together. Two Flagship Committees, which Mr. Smith serves on, which are particularly well done are: (1) the Education Committee and Olympic College's effort to bring the Two-Plus-Two Program to Bremerton: (2) Naval Ships Museum - USS Turner Joy project to the Bremerton downtown waterfront. Mr. Smith noted the effort by Connie Devaney and Clyde Strickland in writing a $347,000 EDC grant. This grant has been placed on the gl priority list. E~forts being taken to promote recyclabie materials manufacturing in Kitsap County is a plus and Mr. Smith noted Councilman Johnson's leadership in this area. The Bremerton story that will happen at the Bremerton Summit - to be held on September 26, will also provide a very positive benefit for Bremerton. Four Hundred letters of invitation have been sent out for this event with 225 representative of people in Bremerton look~.ng at where they think Bremerton should be going and then integrate that into what is already being done. 5. Monitor the level of business activity in Bremerton - EDC has been working with the City clerk on this issue and a report will be forthcoming very soon. Mr. SMith noted there are many individuals as well as organizations wanting to help Bremerton. Mr. Overson requested Mr. Smith to come up with some ideas for "incentives" to attract business. Mr. Smith noted that he and several others will be attending a week-long conference, in Ellensburg, on "City Revitalization". One whole day of the conference is dedicated to discussing funding and incentives. Mr. Colvin questioned if there are any negatives in the City's TAPE #671 City Council Reg. Mtg. Minutes September 13, 1989 Page 4 of 11 manner of operating - is there anything keeping developers coming into Bremerton? Mr. Smith stated one of the things the City is doing to improve conditions is putting together a one-stop permit center. PUBLIC RECOGNITION Gil Johnson, Deputy City Clerk, read a Proclamation describing the D.A.R.E (Drug Abuse Resistance Education) program, the ages of young people it targets and the wide spread use throughout the United States. Mayor Gene Lobe proclaimed SEPTEMBER 14, 1989, as D.A.R.E. DAY in the City of Bremerton. Police Chief Del McNeal stated he believes the D.A.R.E. Program is one of the greatest programs he has seen developed in his 20+ years of law enforcement experience. The City has an officer who goes into the schools and presents it to the young students, eats lunch with them and is out on the playground with them. This program is having an impact. President Homing announced Item 6C has been pulled from the Agenda for one week and Item 7B has been pulled for two weeks. And~ there will be an EXECUTIVE SESSION immediately following the Council meeting - topic to be discussed: "Agency Enforcement Action". Del Knauss, Bremerton, stated he had canvassed Councilman Horning's district this past week and collected 113 signatures opposing the sale of Roosevelt Field. The petition read: "We, as citizens of Bremerton, Council District ~8~ are opposed to selling Roosevelt Field for any reason because 1) this 7 acre park in the heart of Bremerton makes up 1/3 of the total parks acreage in that area and, once it is gone it will be gone forever. 2) it would set a precedent for selling parks land in the future. 3) Olympic College has other options than Roosevelt Field to use for their future parking or expansion. 6A - LEASE/PURCHASE OF 286 4TH STREET BUILDING FOR USE AS PERMIT CENTER, ~AB89-255 Building, Planning, Community Services and Engineering Departments are all experiencing problems at their current locations. Building, Planning and Community Services are overcrowded. Engineering Department location requires major remodel to ensure a safe, practical working environment. A comparison of the alternatives studied has shown the purchase of 286 4th Street is the most economical method of providing a new space for these remote departments, providing a central permit center for our citizens~ while heiplng to revitalize downtown Bremerton. Richard Mumma, Building Official, briefly reviewed the reasoning behind consolidating several departments and relocating in the downtown area...crowded conditions, lack of handicapped access to the Community Services Department and building deficiencies in the Engineering Department facilities which would require correcting. In addition to these problems, there was a desire voiced by the City Council and many citizens that a one-stop permit center be developed and to making it more convenient to City Hall. A number of options were investigated...constructing a new building (cost prohibited): leasing of existing space in and around City Hall (less expensive than new construction but cost prohibitive and City would not own building so all investments into the facility would be lost if the City vacated). An opportunity arose when the Utility Department traded 286 4th Street (old Puget Power Building) for land that the City owned. Discussions were held with the Utility Director as to the possiDility of the Utility Department doing remodeling of the building and the City purchasing the facility. A study and cost analysis was undertaken to determine costs to bring the building up to Code and requirements specified by the Departments that would be utilizing the facility. He noted there is more than sufficient room for all the departments to use TAPE #671 City Council Reg. Mtg. Minutes September 13, 1989 Page 5 of 11 as well as storage. George Allen, 1300 NE Dawn Rd., questioned if anyone had looked into the issue as to whether or not this building is connected to City sewer and is the City out of compliance with the City Charter due to the fact the City Engineering Department is located outside of City Hall? Mr. N,]mma and Bill Dully, Utilities Director, stated they were not aware of any problem with the sewer. ~an $ievers, City Attorney, stated he would look into the Charter compliance issue. Mr. Waibel questioned what other departments are located in the same area as the Engineering Department? Mr. Mumma stated the Communications shop is currently located in the same area as Engineering. Investigation has been made into the possibility of moving that shop to another location so the City could abandon the Engineering building. Mr. Waibel stated he did not want to see the City putting money into a new building without some way of cutting losses. Mr. Mumma stated in their planning they wanted to offset the cost of the new building by eliminating the cost of the space currently occupied by the Engineering Department. During discussions it had been proposed to move the Communications shop to the old Capital Hill Fire Station and in with the Maintenance shop. He noted there appears to be adequate work space and storage areas. Mr. Waibel stated he would like Council to mandate the evacuation of the building currently housing Engineering as a part of this process. Mrs. Horton stated as she recalls the last time this item was before the Council the City was talking about a lease arrangement rather than purchase - why is the City now desirous to purchase it now and what is the annual cost? Mr. Mualma explained it is a lease/purchase over a 10 year period and would be the same cost as a lease but at the end of 10 year period the City would own the property, so it would be an investment in the building with ownership. The cost is about 14 of the value of the building and remodel the Utility's Department will do and comes to a total of $15,000 per year. Mr. Dawkins questioned how soon would the building be ready for occupancy? Mr. Mumma stated he had not talked with any of the contractors yet but he anticipated occupation before the first of the year. Mr. Collins questioned what the City's General Fund costs will be to move into the building? Mr. Mumma explained the cost to the City will be $14,485.00 plus the annual lease/purchase fee of $15,000. Mr. Collins questioned what was included in the $132,750 figure shown on the cost analysis? Mr. Mum~a stated $132,750 is the cost of the building plus the cost of remodeling that the Utility Department is offering. They will recover that cost through the annual payments made by the City to them over a 10 year period. Mr. Johnson stated in regard to the potential movement of the Communications Department to the old Capital Hill Fire Station - he cautioned to be sure of the zoning before any action is taken. Mr. Colvin questioned how much space would be abandoned and how much space would be gained? Mr. Mumma stated the City would be gaining 9,000 feet - 8~000 ft. will be used for office space and the rest used for storage; and the City would be abandoning approximately 12-1500 feet (Planning and Building Department) and 2400 feet in the Engineering Department space. Mr. Colvin noted one redeeming fact is this proposal will bring more people downtown. TAPE #671 City Council Reg. Mtg. Minutes September 13, 1989 Page 6 of 11 670 M/S/C/U(Crutcher/Dawkins) to approve the lease/purchase of the 286 Fourth Street building for conversion to a Permit Center. 6B - FIRE DEPA/~TMKNT'S BUDGET ADJUSTMENT, ~AB89-256 This budget adjustment has been necessitated by the overtime situation in maintaining the manpower level at eleven per shift and keeping two paramedics on duty as part of that eleven-man minimum. Two unbudgeted disabilities and subsequent payoffs of leave balances caused an even greater strain on the overtime and total Department budget. Rich Hanna, City Treasurer, stated he was not pleased to have to bring this proposal to the City Council, however, it is necessary. He noted the two primary causes for the request are two disability leaves the Fire Department has experienced, neither of which was budgeted for and the necessity of sending three new fire fighter/paramedic personnel to training subsequent to their hiring and being allowed to participate in rendering of services. Mayor Gene Lobe briefly outlined the previous request by Fire Chief Leonard Marks to provide needed staffing of 11 men per shift and using overtime to accomplish this due to the absence of the three new fire fighters. The Fire Departments budget is $150,000 short to make the balance of the year to maintain the current level of staffing. He pointed out there are two options: (1) approve the requested budget adjustment; (2) reduce expenditures through reduction of personnel. He felt the second option would be unwise and detrimental to both the department and public services. He noted that a "red flag" over the budget was not visible until the end of June 1989 expenditure print out. He contacted the Department over this issue and the their staff explained that during some months there are greater expenditure which may decrease the next month...thereby balancing the level of expenditures. This was not the case when the next month's expenditure print out was produced. Mayor Lobe recommended that Council approve the $150,000 and will be taken out of carry forward dollars, which will reduce the amount of funds available for 1990. Mr. Waibel stated it is the City's job to anticipate the unanticipated and about this time last year discussion was held on alternatives to budgetary shortages, one being to shut down one of the three fire stations and move to a two fire station City, which would save a lot of man hours and allow a budget with reserves. At that time, the Fire Chief stated the City did not have to do anything that drastic and if any such problems did arise it would be brought to the Council's attention. Now, at this point, the money has already been spent and savings cannot be made by cutting back man hours. Mr. Collins stated for the past three successive years he has told the City Council and Treasurer there is not way the operating line manager can control personnel costs within the cost of direct labor. But. the City continues to budget on the operating line manger these other costs...labor, increased cost of labor because of Union, increased cost of labor caused by retirements/disability. These are costs that should be borne by the City in a special fund and there should be enough history that will predict how much it will cost the City to do this. Mrs. Horton questioned if there are any elective purchases coming up between now and the end of the year? Mayor Lobe stated he has given instructions to Acting Chief Meigs that no expenditures other than absolute must i.e., salaries, utilities, etc.~ be expended. Mrs. Horton stated the only way she would support this request would be to put a total freeze on elective spending, and she requested that it be included in the approval of the budget adjustment. TAPE #671 City Council Reg. Mtg. Minutes September 13, 1989 Page 7 of 11 Mr. Johnson pointed out that it is either the Police or Fire departments that get caught in the disability/retirement costs and as far as he is concerned during the 1990 budget process attempting to run a department on overtime will not be negotiable. Hr. Collins questioned if the Council was giving direction to the City Treasurer to take non-direct costs out of the operating departments budgets for 19907 Mayor Lobe stated the budget process is underway and staff will be before the Council to discuss options. President Homing questioned if there was something that is additional in the current budget that is going to cause any problems or are aware of anything they could not spend on to reduce their loss? Mr. Hanna stated no - beyond the personnel costs the services and supplies include the utilities and miscellaneous office supplies to run the department, emergency communications (CenCom), etc. In terms of discretionary funds there is an extremely small amount of money and most of the capital expenditures for the Fire Department, as well as the other departments of the City, are in the Transportation or General Facility Departments' budgets. 611 M/S/C(Crutcher) Dawkins) to approve the budget adjustment to compensate for excessive costs of overtime and unanticipated disability retirements. Mr. Johnson noted he hoped that any freeze on spending would include discretionary travel excluding any mandatory training. 640 M/S/C/U(Horton/Collins) as an amendment to the motion to place a freeze on any elective spending between now and the end of 1989, for the Fire Department. Vote on original motion: In Favor: Overson, Horton, Horning, Waibel, Collins, Dawkins, Colvin, Johnson Opposed: Crutcher 8A - PUBLIC HEARING - FOR APPLICATION FOR REZONE FROM MULTI-FAMILY {MF} TO PROFESSIONAL OFFICE (PO); APPLICANT: LES FOWLER; LOCATION: 2755 CLARE AV~uNUE, tAB89-257 On July 18, 1989, the Planning Commission voted 8 to 0 (unanimous) recommending conditional approval of the proposed rezone for the one lot located at 2755 Clare Avenue. The City council is required to hold a public hearing and act on the Planning Commission's recommendation. President Horninq asked the "Appearance of Fairness/Conflict of Interest" question with all Council members being seated. Jack Allingham, Planning, provided view graphs and slides showing the location of the subject property - immediately adjacent to Clare Avenue from Warren Avenue Bridge. Some of the surrounding land uses in the area are a church, Olympic Peninsula Kidney Center; and is immediately north of the Bremerton Convalescent Center. Immediately adjacent to the site is a residential structure, which is a duplex. Currently, the subject property is zoned Multi-family (MF} and directly across Clare Avenue to the east is a General Business (GB) zone and a small triangular patch north, which is actually in the Warren Avenue Bridge right-of-way, is zoned Parks and School (PS). Across Warren Avenue to the west there is more residential zoning. The Comprehensive Plan designation of the site shows it to be on TAPE #671 City Council Reg. Mtg. Minutes September 13, 1989 Page 8 of 11 a fringe area between the commercial zoning designation and high density residential zoning designation. The Planning Commission reviewed the Comprehensive Plan, its goals and policies and they concluded this rezone is consistent with the Comprehensive Plan. Mr. Allingham provided a view graph showing the Assessor's Plat map as the property exists - there is a small portion of frontage on Clare Avenue right-of-way, the Warren Avenue corridors right-of- way borders on three other portions of the site. At the time staff reviewed this rezone application, it considered the recommendation to the Planning Commission of incorporating the property next door in the Professional Office (PO) zoning district, however, the property owner explained to the Planning Commission they were not in favor of the rezone. Therefore, the Planning Commission's recommendation does not include this parcel. Based on the record developed, the Planning Commission recommends approval of the rezone application based on the following conclusions and conditions: A. The rezone is consistent with the Comprehensive Plan. B. Conditions in the vicinity have changed, supporting the rezone. C. The rezone has a substantial relation to the public welfare. D. No adverse environmental consequences will occur should the Engineering Department review and approve access to any future development for the site. E. Condition of Approval: Access to the subject property shall be approved by the Engineering Department. James Fart, 1032 32nd Avenue E., Seattle, WA, representing Eliza Farr who owns adjacent property to subject property. He stated if the rezone is approved it will increase the property value thereby increasing taxes and this would present a hardship on Ms. Farr. He expressed concern as to access to the subject property if it was used as a professional office and felt access was limited and with a curve radius. In his opinion, this would create a traffic hazard. Therefore, he urged the Council to deny the rezone request. PE ~672 Tom Baines, Summit Avenue, expressed concern about traffic safety and felt the proposal was poorly planned. Mr. Colvin questioned if Mr. Farr was correct that the adjacent property would increase in value if the rezone was granted? And, if it did he was not in favor of the rezone. Also, he believes that the traffic pattern presents a hazard for ingress and egress from the subject property. Mr. Waibel questioned if Clare Avenue was one-way at that location as well as traffic moving north feeding into Clare Avenue? Mr. Allingham explained, using a view graph, that Clare Avenue has a one-way off ramp from the Warren Avenue area and is two way at a lower portion. There will be south bound and north bound traffic directly in front of the duplex. Mr. Waibel questioned if a left turn can be made out of the subject property? Mr. Allingham stated he was not sure, however, the Planning Commission recommends a condition that access to the subject property shall be approved by the City Engineer. The City Engineer already approves access to property and this condition would give the City Engineer extra power. Mr. Waibel questioned what Mr. Allingham, as a planner, sees as an appropriate ingress and egress to the property? ~r. Allingham stated the previous staff recommendation was to include both parcels and envisioned greater redevelopment of the total site which would give better access. Personally, he had thought of possible access from the south end (parallel to Warren Avenue) - TAPE $671 City Council Reg. Mtg. Minutes September 13, 1989 Page 9 of 11 other than that the only access would be on the curve of the subject property. President Homing pointed out the question being asked is it appropriately rezoned? Mr. Waibel stated there is a condition that needs to be mitigated because there was anticipation of a problem with ingress and egress. Mr. Overson expressed concern over Mr. Colvin's statement and if the City continues to grow and develop then all property values will increase. Mr. Johnson stated he agreed with the rezone if it is properly done. If approved, he would recommend going beyond what the Planning Commission had recommended and flatly say there are "no left- hand turns out of the subject property~'. In regard about the increase in taxes - property values can only go up or down and Bremerton has seen too much of the downward direction and the general idea is to desire the value to go up which would increase equity. Mr. Dawkins stated traffic on the Warren Avenue Bridge is very noisy and no place for a multi-family dwelling. Commercial buildings build in sound proofing for utilization. President Horning stated he believed a commercial designation is best for the subject property and the issue of access should be left up to the Engineering Department. 512 M/S/F(Collins/Colvin) to remand this particular issue back to the Planning Commission because they have not adequately answered $2 and $3~ $4 elements required for a rezone. Mrs. Horton questioned what kind of additional information is needed? Mr. Collins stated three of the five.elements required for a rezone have not been answered. President Horning pointed out the Planning Commission was unanimous in their vote (8-0) supporting the rezone. Mr. Waibel noted the Planning Commission indicated there was significant change due to the duplexes being located there and now there aren't and questioned if the change took place after the new Comprehensive Plan and Zoning Ordinance was adopted? Mr. Johnson stated he viewed this whole general area going through lots of changes in the past five years...medical facilities and retirement homes. Mr. Overson questioned if the Planning Commission needed additional work to do. Mr. Allingham stated the Planning commission is continually reviewing land use applications and considers them to be busy carrying out such functions. Vote: In Favor: Coivin, Crutcher, Collins Opposed: Dawkins, Johnson, Overson, Horton, Waibel, Horning Motion failed. 668 M/S/C(Overson/Johnson) to approve the request for a rezone to the lot located at 2755 Clare Avenue, from the present designation of MF, Multi-family, to PO, Professional Office, subject to the following condition of mitigation: 1. Access to the subject property shall be approved by the Engineering Department; and, that Engineering Department only approve right-turn entrance and egress to the property. Vote: in Favor: Johnson, Overson, Horton, Dawkins, Homing Opposed: Colvin, Crutcher, Waibel, Collins TAPE #672 City Council Reg. Mtg. Minutes September 13, 1989 Page 10 of 11 7A - ORDINANCE (FIRST READING} AMENDING THE DEFINITION OF LEWD CONDUCT AND REGULATIONS OF EROTIC DANCE STUDIOS, ~AB89-215 The proposed ordinance amends the definition of "lewd act" to include public exposure of one's buttocks, and specifies that portion of the female breast that may not be exposed. Under the proposal, the ordinance would not prohibit plays, operas, musicals, exhibitions or dances which are not obscene, and classes, seminars, and lectures held for serious scientific or educational purposes. BMC 5.96.020{4) is amended to clarify the definition of erotic dance studio. BMC 5.96.030 is repealed with the substance incorporated in .020. BMC 5.96.040 is amended to reflect the correct ordinance for Lewd Conduct Ian Sievers, City Attorney, requested that the word "serious" be deleted from "Exemptions" #2 reading: "classes, seminars and lectures held for scientific or educational purposes;"...the definition of scientific and education purposes are serious. President Hornin~ invited public comment - none given. Mrs. Horton questioned the clarity of placement of "Lewd act" Means:", and suggested that it be position so it reflects clearly what it covers? Mr. Sievers stated he will set it up so that it is in conformity with lettering of other codes. 857 M/S/C/U(Overson/Colvin) to approve Ordinance, on first reading, amending the definition of lewd conduct, and regulations of erotic dance studios, and amending Bremerton Municipal Code 9A.44.070 and 5.96, with the City Attorney's recommended changes. Mr. Waibel noted one prima facie has been pointed out as evidence of being identified as a erotic dance studio in Item #4, and questioned if that was the only prima facia evidence that would be allowed. Mr. $ievers stated no~ if additional prima facie easily identifiable, easily enforceable visual things going on - that would be more helpful for enforcement rather than having to rely on the general definition of conduct. Mr. Waibel stated it looks like there might be some other semi-nude type activities that would also be prima facie in that being in the studio...exposure of the buttocks. Mr. Johnson stated Council may be straying into an area they should not get into and there are already laws that prevent that. Mr. Dawkins questioned what is the penalty now? Mr. Sievers stated it is a misdemeanor- $1,000 or jail 6-month. Mr. Collins questioned if Council is being stampeded into something because an inappropriate event happened and the arresting officer did not use the right terminology? Mr. Sievers stated no, he believed the Judge was correct and the City did not have the elements of lewd conduct in place as far as exposure of the buttocks. Mr. $ievers stated he has a problem with Mr. Waibel's suggestion to add definition of prima facie case for what an erotic dance studio is that if you list all the lewd acts he is not sure the City wants to allow those things to occur and by saying "this is the prima facie evidence you are an erotic dance studio" - we do license and allow these. If there is a separation, Mr. Sievers stated he would like more time to pull out the erotic dance studio. As far as the Lewd Conduct Ordinance, he believes it is fine unless Council does not want to include exposed buttocks as lewd conduct. TAPE %672 City Council Reg. Mtg. Minutes September 13, 1989 Page 11 of 11 Mrs. .Horton stated she is all for free speech, however, we in Bremerton have been working very hard in trying to raise the standards of our community. If we allow people to go around "mooning" Police Officers we have not raised our standards sufficiently. A lot of people are offended by this type of act and she did not feel it is right to condone it. 214 M(Waibel/..) an amendment to eliminate the final sentence in Section 2, %4 until it can be further clarified. Motion died for lack of second. Vote on original motion: In Favor: Overson, Crutcher, Horton, Dawkins, Colvin, Horning Opposed: Waibei, Collins Abstained: Johnson 7C - ORDINANCE ~4234 (SECOND READING) CORRECTION ERRORS ON THE ZONING MAP BETWEEN CAMBRIAN AND SUMMIT IN THE VICINITY OF PREBLE STREET (KASSAHN/FORDAHL ZONING REVIEW), ~AB89-249 266 M/S/C/U(Crutcher/Collins) to pass Ordinance %4234, on second reading, changing certain zoning designations and amending the official Zoning Map of the City of Bremerton to correct zoning errors in an area between Cambrian and Summit Avenues in the vicinity of Preble Street. (Kassahn/Fordahl Zoning Review) 7D - ORDINANCE ~4235 (SECOND READING) CORRECTING ERRORS ON THE ZONING MAP FOR NINE LOTS WITHIN THE COMMERCIAL DISTRICT NORTH OF KITSAP hAKE (NESBY/RAY ZONING REVIEW), ~AB89-250 297 M/S/C/U(Johnson/Colvin) to pass Ordinance %4235, on second reading) changing certain zoning district designations and amending the official Zoning Map of the City of Bremerton to correct zoning errors on the north side of Kitsap Way in the business district north of Kitsap Lake. (Nesby/Ray Zoning Review) 7E - ORDINANCE ~4236 (SECOND READING) ZONING ORDINANCE AMENDMENT PERTAINING TO CERTAIN TYPES OF PUBLIC INFORMATION AND IDENTIFICATION SIGNS AND ALLOWING SANE BY SPECIAL USE PERMIT, ~AB89-253 317 M/S/C(Colvin/Horton) to pass Ordinance %4236~ on second reading, amending Chapter IV, Sections 18(B) and 18(E) and Chapter X, Section 4-B of the City of Bremerton Zoning Ordinance to correct an error in the definition and approval process for public information/identification signs. Vote: In Favor: Overson, Crutcher, Horton, Horning, Collins, Dawkins, Colvin, Johnson Abstain: Waibel With no further business meeting adjourned at 7:55 p.m. KATHLEEN L. MCCLUSk~EY, CITY' CLERK KLM/SH/me