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HomeMy WebLinkAbout02/26/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA FEBRUARY 26, 1997 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT ~ENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - February 12, 1997 #AB97-038 CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 7. MEw BUSINESS Appointments To Bremerton Citizen's Commission On Council Salaries - Barbara Boyd, Russ Johnson, Roy McInnis, John Thomas And Martha Groneman #AB97-039 ~ ~rp~~ ity~d Pr0per~t~ '~# AB 9 7 %~Wa ~F~-W~te~ ~ent ~nt~-,' Ce Renew One-Year Kitsap Family YMCA Membership For Ail Qualified City Employees And Officials -040 20 #AB97-041 '~ / RESOLUTIONS A. Resolution #2586, Establishing Ad Hoc Council Advisory Committee On Telecommunications #AB97-042 3~ ORDINANCES A. Ordinance (First Reading) Prohibiting Broadcast Feeding Of Birds And Animals (CONTINUED NEXT PAGE) #AB97-043 3~ 10. PUBLIC HEARING - 6:00 P.M. OR LATER A. To Amend the official Zoning Ordinance Text And Map By Adopting And Applying Two New Zones: "Health Care" and "Shoreline Mixed Use"; Ordinance (First Reading) Be To Amend Bremerton's Official Zoning Map For Consistency With Two 1996 Comprehensive Plan Amendments AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES - FEBRUARY 12, 'i997 FOR AGEND~ OF: February 26, 1997 ORIGINATING DEPT: City Council ORIGINATOR: David Fart: Pr~H~n~ DATE SUBMITTED: Z,18-97 2. CL~A~CES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT__ INFORMATION MAYOR APPROVED BY COII~CIL. ~S~~~ SUBMITTAL: couNCIL PRESIDENT 4. SII~Y STATEMENT AND .REQUIREMENT FOR'COIINCIL ACTION: 8. RECOM]qENDATION: 9. RESPONSIBLE OFF!Ci~_L: ENFORCEMENT OFFIC!AJ~: EXPIRATION DATE:' REVIEW DATE: PULLED TABLED gOUNCIL DIRECTIVE: !0. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA-~ILL NO: AMENDED A 7-o3 TAPE #1441 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES FEBRUARY 12, 1997 #0032 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 12, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and Acting city Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Jay Akkerman of Central Kitsap Church of the Nazarene. President Fart made the following announcement: (1) Council concluded an Executive Session to Negotiations" prior to the Council meeting. discuss "Labor (2) Council will hold a Study Session to discuss "establishing an Ad Hoc Council Advisory Committee on Telecommunications" immediately following the Council meeting. CONSENT AGENDA NONE CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on February 12, 1997, the Council does approve for payment those vouchers included and further described as follows: 205774 through 206011 in the amount of $263,745.01. COUNCIL MEMBER REPORTS Mr. Winters encouraged members of the public interested in the issue of telecommunications to attend the Study Session following the Council meeting. He reminded those not registered to vote to sign up and get ready to vote. Mr. Montgomer~ stated he has been a critic of The Sun newspaper for a long time and was pleasantly surprised over a February 13 Editorial by Mike Phillips where he praised the City. He referenced a February 5 newspaper article on "parking strips" where he was quoted as having no regard for the neighborhood. TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 2 of 7 Considering he spend a half a day on Sunday walking his neighborhood and investigating complaints, he feels the person making that comment was in error. Last week he had to leave the Council meeting early, but a comment was made regarding a statement that he was suppose to have made..."the City doesn't owe the citizens anything", which is completely false. Mr. Montgomery actually said "the City does not owe the citizens a right to a parkinq spot on the street." He asked if anyone wishes to quote him to please quote him correctly. He was asked to pass on to his fellow Council members to not rustle papers during the Council meeting because it makes it hard for the viewing audience to hear what is being said. Mr. Law announced the next District #3 Neighborhood Meeting is scheduled for February 18, 7:00 P.M., at the Senior Center. The program will include "lets discuss parking" and any other subject attendees wish to discuss. Mr. Colvin thanked citizens for sharing their concerns and criticisms and he appreciates Councilman Montgomery's remarks. The next District #1 Neighborhood Meeting will be held February 20, 7:00 P.M., at the Sheridan Park Recreation Center. The program will include "parking" and "Scotch broom replacement". MAYOR,S REPORT Mayor Lynn ~ortom announced the City received a Pedestrian Safety Citation, a Community Safety Program sponsored by AAA, for a one year achievement for being a fatality free community. She congratulated Scott Alexander, who received two top honors from the Western Washington chapter Of Professional Golfers Association of America: (1) the chapter's Public Course Merchandisers Of The year; (2) Golf Professional Of The year. Mr. Alexander and the other recipients of awards are nominated for the Pacific Northwest Section award, which will be announced at a banquet in Portland, Oregon in September. She reported on the outcome of the V.I.P/ Seniors' Badminton Tournament ...Seniors - 7, V.I.Ps - 2. PUBLIC RECOGNITIO~ Bill Camp, Bremerton resident, expressed his concern that members of the audience have a tendency to talk during Council meetings, which is distracting and discourteous to those speaking before the City Council. He expressed the opinion that three Council members spoke on issues during their Council Member report that were listed on the Agenda. He noted Mr. Montgomery referenced a newspaper article that was direct reference to all five items on the Agenda; Mr. Colvin spoke to "Scotch broom", which is a noxious plant, which is listed on the proposed Ordinance addressing vegetation; and Mr. Law spoke to "tall grass", which is also listed in the Ordinance addressing vegetation. He asked the Council President to pay 3 TAPE #1441 city Council Reg. Mtg. Minutes February 12, 1997 Page 3 of 7 attention to points of order and call them when they are required. Ralph Peterson, Commander Bremerton Power Squadron, talked about the importance of safe boating and the opportunity for safe boating classes in Bremerton starting on February 19, 7:00 P.M., at the American Legion Post #68, 2809 Sprice Street. Charlene Bu~ett, Bremerton Parks Department, thanked Councilman Winters for his help with the 2nd Annual Daddy/Daughter Dance. This was a very success event with over 150 dancing daddies and daughters attending. As a representative of the West Sound Cable Access Television Board of Directors, she handed out minutes of their February 10th meeting plus some information on cable access. She will be coming before Council at least once each month to provide updates on the cable access program. Ross Allanson, Diamond Parking, expressed his disappointment with the failed Parking Ordinance at the previous Council meeting. At some point in time, he hoped council will take a hard vote and pass an ordinance that will address the problems associated with parking multiple vehicles on residential property. 7A - ORDINANCE NO. 4583 (SECOND READING) DECLARING A NUISANCE FOR FREQUENT CRIMINAL ACTIVITY AT A RESIDENCE ANDABATING THE NUISANCE, #AB97-025 Bill Camp, Bremerton resident, stated he believed establishing this ordinance would create more victims then it is trying to save. He does not believe the city is riddled with crack houses and over the years he could count the number of such houses being "busted" could be counted on both hands. He believes the proposed ordinance unfairly targets renters and not the owners of the property or resident owners. He understood potential renters would have to pass a criminal check to rent and questioned will Council require prospective owners to do the same prior to their purchasing a property? Will council be amenable to requiring landlords provide personal information to renters as they require renters to provide personal information to landlords, particularly Social Security numbers and any criminal background information? After calling the Washington State Department of Revenue and the City, he learned there is no business license required nor is their a registration of landlords in the City. He suggested establishing a registration/permitting process, which would be a good alternative to weeding out troublesome landlords, since their permit to do business in the City could be canceled should they persist in allowing troublesome tenants to live in their residences unabated by the landlord. He referenced Chief Du Fresne's comment the criminal check that the landlords must conduct prior to leasing or renting properties was only a local check (Bremerton specific); therefore this ordinance would not prevent criminals from moving #0920 TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 4 of 7 into the city from some other areas. He asked if this ordinance would displace innocent families? In his experience, the criminals and convicts that burglarize and/or sell and manufacture drugs on corners are usually unemployed individuals, who are living with someone that may have childlren and are residing there as a refuge. Under the proposed ordinance, enforcement could bring about eviction of the entire family, not just the offending person. He urged Council to not pass this ordinance. Jerry VanFossen, Puget Rental Owners Association representative, pointed out generally landlords are not the ones doing the criminal activity, but rather the person living in the rental property. With regard to the tax, if you take into consideration the average person is probably somewhere between 25-27% on the tax bracket, you only get 25% of that money back and that gives you no income to take back. On the issue of having landlords give potential renters personal information, it is not an issue because the tenant is moving into the landlords property, not vice versa, so the landlord is responsible for the taxes and all things having to do with a property. Mr. Neville stated at the previous Council meeting he specifically asked the question that this ordinance does not just address renters and will include property owners, and if they are convicted three times under this ordinance, they hold the same penalty. He believes it is a fair law and a good place to start. M/S/C/U(Montgomery/Huff-Menees) to pass Ordinance No. 4583, on second reading, declaring residences used by frequent offenders to be a public nuisance and subject to abatement. 7B - ORDIN]tNCE NO. 4584 (SECOND READING) REGARDING VEGETATION CONTROLt ~AB97-026 Elizabeth Buell, Bremerton resident, asked if this ordinance would include grass that kids and dogs may have rolled flat? . Ian Sievers, City Attorney, explained the grass would be measured from the roots to the top of the grass even though it is laying over. The purpose of the ordinance is tied into fire hazard and that grass when it is grown long can become a fire hazard; therefore, he believes it can be considered abatable. Bill Camp, Bremerton resident, stated he saw no change in the ordinance since first reading that identified some kind of a plan for assistance for people that are disabled, handicapped, infirm, unemployed, etc., who are unable to come up with the physical ability or financial capability to abide by this ordinance. He felt it was important to include such a plan because it could easily be forgotten, if not handled at this time. SecOndly, he is concerned that the Central District of Bremerton was not TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 5 of 7 represented at this meeting since there are many planting strips in that area covered with foliage. He views this as a very convenient way for the City to get out of personal injury liability by pawning that responsiblity off onto the adjacent landowner, since the planting strips are included in this ordinance. Mr. McConne11 asked if the property owner has not always been responsible for the maintenance of the area between their property line and the unused portion of the street? Mr. Sievers explained they cannot create hazards and defects in those area. The City does not have a standard for maintenance, but it has been for the property owners's use and maintenance since the City has not entered into the use of that part of the right-of-way. Mr. Winters stated he voted against this issue at the first reading of the ordinance because he finds it hard to understand the fairness issue regarding how the City will not allow parking on planting strips, but will require property owners to maintain them. He will again vote no on this issue based on the fact a fairer resolution needs to be found. Mr. Colvin asked the City Attorney if the City would require property owners to maintain property owned by the City? Mr. Sievers explained the City only has an easement for right-of-way purposes, the owner does own the underlying feet to the middle of the road. What is being said is the property owner has control over the planting strip unless the City has taken on a use for that planting strip, such as street trees, then the City is responsible for maintenance. Otherwise, that property is free for the property owners' use, i.e., landscaping, etc., in order to prevent the creation of hazards, one of which the City believes is parking if not improved correctly and another is to grow hazardous plants that may overhand the street or sidewalk or to grow long grass that may become a fire hazard. Mr. Colvin stated he found it hard to understand putting the responsiblity on the citizen to clean up City property. Mr. Sievers explained the planting strip is left free for the property owner's use just like their own property since they own the underlying title. So, the City holds the property owner accountable for creating these kinds of vegetation hazards on that area as well as their own property. Mr. Montqomery pointed out this is a standard law throughout the country. Mr. Colvin stated his question has to do with when the City plants the trees on the planting strip is the City responsible for maintenance? Mr. Winters questioned for clarification the City Attorney's comment that the height of the potential infraction and measurement of the grass or weed begins at the root? Mr. Sievers stated the measurement would be taken from the ground level to the top of the #1311 #1399 TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 6 of 7 vegetation. Mrs Huff-Menees stated with respect to Mr. Colvin's comments, there are planting/parking strips throughout her District and for the most part the residents take care of the planting strip as an extension of their property. She has been pleased with her entire neighborhood taking on that responsiblity without any question and doubted this was the issue that some were trying to make during this discussion. President Fart stated he firmly supports the proposed ordinance and the issue is City beautification and taking pride in ones' neighborhood and being able to expect to maintain the value of your property and not have that value destroyed by folks who let everything go wild and bring a tacky flavor to the neighborhood. Other cities have similar ordinances and it is unfortunate that some of the extreme cases, such as in this City, bring about the need for an ordinance where normal maintenance of property would resolve the issue. Mr. Colvin stated he did not want to get the City in a position where it could become involved in a useless lawsuit over the issue of responsiblity of maintenance, if the City's law is found to be unconstitutional. Based on the City Attorney's comments, he will vote in favor of this proposal. M/S/C(Huff-Menees/Montgomery) to pass Ordinance No. 4584, on second reading, declaring certain vegetation a public nuisance as a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and amending B.M.C. 11.16. Vote on motion: Motion carried. In Favor: Opposed: Montgomery, Huff-Menees, Neville, Farr, Overson, McConnell, Colvin, Law Winters 7C - ORDINANCE NO. 4585 (SECOND R~aDING) AMENDMeNT OF HOUSING CODE, ~AB97-028 Public comment - none. M/S/C/U(Montgomery/Winters) to pass Ordinance No. 4586, on second reading, adopting the Uniform Housing Code, repealing the Bremerton Housing Code and amending Chapter 17.04 of the Bremerton Municipal Code. 7D - ORDINANCE NO. 4586 (SECOND READING) RECOVERY OF INDIRECT COST~ OF ABATEMENT ACTIONS, ~aB97-029 Public comment - none. #1430 TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 7 of 7 M/S/C/U(Colvin/Montgomery) to pass Ordinance No. 4586, on second reading, amending Section 901 of Abatement of Dangerous Buildings (1994) Code to allow recovery of indirect abatement costs. 7E - ORDINANCE NO. 4587 (SECOND READING) DECLARING GRAFFITI A NUISANCE AND ESTABLISHING ABATEMENT PROCEDURES, ~AB97-030 Ian Sievers, City Attorney, requested a correction under Secton 1.030 Appeal - on first reading it was listed as 14 days and due to his oversight on an amendment to the Hearing Examiner procedures, it should have been 7 days and he wished to further amend the wording to include the word "working" after the number "7". Public comment - none. #1475 M/S/C/U(Montgomery/Huff-Menees) To pass Ordinance No. second reading, declaring the presence of graffiti nuisance and requiring its abatement; as amended by Attorney. 4587, on a public the City President Fart thanked the TV camera crew for their services: Rob Rupe, James Noble Jr., and Jamie Campbell. With no further business meeting adjourned at 6:21 P.M. KATHLEEN L. McCLUSKEY, City Clerk DAVID D. FARR, Council President city of Bremerton KLM/DDF/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointments to Bremerton Citizen's Commission on Council Salaries FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: ExecutiVe Mayor Hor~Q~ February 20, 1997 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: Applications for Appointment ENDORSEMENT INFORMATiOn__ APPROVED BY COUNCIL ~N~~BMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Charter, revised effective November 5, 1996, creates the BREMERTON CITIZEN'S COMMISSION ON COUNCIL SALARIES. It is recommended the following citizens be appointed to the Commission: Barbara Boyd - two year term Russell Johnson - three year term Roy McInnis - three year term John Thomas - four year term Martha Groneman - four year term 8. RECOMMENDATION: Motion to confirm the appointment of Barbara Boyd, Russell Johnson, Roy McInnis, John Thomas and Martha Groneman to the Bremerton Citizens's Commission on Council Salaries. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACT~0N APPROVED DISAPPROVED DATE: AMENDED q 2. CLEARANCE C0MMENTS: _ · 5. IMPACT ON NON-PASSAGE: Non-compliance with City Charter 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: Section 7 - Change in Districts: Council may change the boundaries of existing districts by ordinance to make each as equal in population as practicable, so long as redistricting is approved forty-five days before the fourth Monday in July. No change in the boundaries of districts shall affect the terms of any council members; they shall serve out their terms representing the district for which they were elected even though such change of district boundaries may result in more than one council member residing in the same district. Section 8 - Compensation - Reimbursement: (1) The Mayor's and Judge's compensation may be increased during a term of office by ordinance. There is hereby created the Bremerton Citizen's Commission on Council Salaries appointed as provided herein to set the salary and compensation of the Council members. The Commission shall consist of five (5) members who shall be registered voters and residents of the City. of Bremerton. No City officer, official, or employee or mediate family member of any City officer, official or employee shall be eligible for membership on the Commission. As used in this section, "mediate family member" means parents, spouse, siblings, children or dependent relative of the officer, official or employee whether or not living in the household of the officer, official or employee. Commission members shall be appointed by the Mayor, subject to approval of Council. The first members shall be appointed by January I, 1997. Each Commission member shall be appointed for a single four (4) year term of office; except that the first five members appointed to the Commission shall be appointed for different terms as follows: (a) Two members to serve for periods of four years; (b) Two members to serve for periods of three years; and (c) One member to serve for a period of two years. No member shall be removed during his or her term of office unless for cause of incapacity, incompetence, neglect of duty or malfeasance in office or for a disqualifying change of residence. I~HA.RTI!R.RI!!V - I I/5/96 3 Upon a vacancy in any position on the Commission a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within 30 days of the date the position becomes vacant and shall be conducted in the same manner as for original appointments. The Commission authority and responsibility shall be as follows: (a) The Commission shall study the relationship of salaries to the duties of the City Council members and shall fix a salary for each such position by an affirmative vote of' not less than a majority of' the commission. (b) Except as approved in this section, the Commission shall be solely responsible for its own organization, operation and action and shall enjoy the fullest cooperation of all City officers, officials, departments and employees. The Commission shall have aec, ess to all City books, papers, documents and accounts applying or in any way concerning the subject matter of' this section. (c) The members of the Commission shall elect a chairperson fi.om among their number every two years. (d) The Commission shall file its initial schedule of salaries for the positions of City Council members with the City Clerk no later than May l, 1997, and shall thereafter file schedules by May 1st of'the applicable later years so as to coincide with the City budget cycle. (e) Each such schedule shall be filed in ordinance form, shall be assigned an ordinance number, shall be published in the s,'u'ne manner as a City ordinance, and shall become effective thirty days after filing with the City Clerk. Such schedule shall be subject to referendum in the same manner as provided by Section 36 of this Charter. (f) Prior to the filing of' any salary schedule the Commission shall hold no fewer than two public hearings thereon within the four months immediately preceding the filing. The miah~ of the Commission shall receive no compemation for their services but shall receive reasonable reimbursement for their expenses in accordance with state law and city ordinance. Staff shall be assigned to the Commission to provide support for its work. CHAR'I~R. REV- 11/5/96 4 (g) Clerk. (2) Signature of the chairpe~on of thc Commission shall be affixed on each schedule submitted to thc City The Mayor, Municipal Judge and Council members shall receive reimbursement for their necessary expenses incurred in thc performance of the duties of their office as provided to City management and professional employees. Section 9 - Vacancies - Events Creating: The position of an elected officer shall become vacant upon the occurrence of any of the following events: (1) Death. (2) Resignati(~n. (3) Judicially declared incompetency. (4) Failure to maintain residency as required by Charter. (5) Failure to .tuali~' within two days after the beginning of term (6) Continuous absence from the City for more than thirty days during a term of office without consent of Council, unless on business of the City. (7) Com4cfion ofor plea of guilty to a felon)' or to a crime involving moral turpitude, or an offense involving the oath of office. Section 10 - Vacancies Filling: (I) A vacancy in the office ofthe Mayor or Council shall be filled for the remainder of the unexpired term, if any, at the next municipal general election. Council or the remaining members thereof by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. (2) If, after thirty days have passed since the occurrence of a vacancy, Council is unable to agree upon a person to be appointed to fill a vacancy on Council, the Mayor, shall make the appointment fi.om among the persons fiominated by members of Council. C'HARTER,REV - I 1/5/96 5 CITY OF BREMERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: t~'2~,~ ~ '~--' HOME ADDRESS: 7r)_? /~,~_~_ OCCUPATION: ..~.~j. ? PHONE: (H) ? (w) EDUCATION: ,~z~., /~ .L $./ ~ ~/~ ....... ~,.rCO~MUNITY ACTIVITIES: LOCAL REFERENTS (name & phone number): I I A~ INTERESTE~iN SERVING ON (please check one or more): () () () () () () Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets Steering Committee ( ) Citizen's Commission on Council Salaries Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an applic'a~ion for reappointment? ~ If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. information may be put on back. Additional pertinent CITY OF BREIVIERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephope number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) HOME ADDRESS: ~'~-J~'O OCCUPATION: ~,~,- 2'--/,~ F~ DATE: /'c".-C--,~. /, / ? ~ 7 PHONE: ,,//,,/ (w) EDUCATION:,~.~-~'~ ~,,--,~ ~'~, ~, ~'- ~-~'~__~, PROFESSIONAL/COMmUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): I A~ INTERESTED IN SERVING ON (please check one or more)- () () ( ) Disability Action Committee ( ) ( ) Civil Service Commission(18 yrs. & older) ( ) ( ) Urban Forest Committee ( ) ( ) Cable Communications Advisory Committee ( ) ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets' Steering Committee ( ) Citizen's Commission on Council Salaries Is this an applic'a:tion for reappointment? /'~o Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed If yes, how many years have you served on this commissiod/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Si~7¢~a~u re ~ - Applications be reviewed periodically to determine continued availability. information may be put on back. /5 Additional pertinent ' CITY OF BREIVIERTON APPLICATION-FOR CITY BOARDS/COMMISSIONS-/COIVIMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public, You will be contacted before any action is taken on your appointment. (Please type or print clearly) HOME ADDRESS: _~."] I! i"Y],I~ i...~ ~,T' OCCUPATION: EDUCATION: PROFESSIONAL/COMMUNITY ACTIVITIES' LOCAL REFERENCES (name & phone number): lAM () () () () () () () INTERESTED IN SERVING ON (please check Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Street§ Steering Committee ( ) Citizen's Commission on Council Salaries one or more)' Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an applica'tion for reappointment?../~ If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. information may be put on back. /& Additional pertinent ' CITY OF BRElVlERTON APPLICATION FOR CITY BOARDS/COIVIMISSION~/COIVIMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: Jan. 24~ ,1997 NAME: John R. THOMAS PHONE: 360-479-8746 HOME ADDRESS: 2004 Perry Ave. Bremerton, Wa 98310 OCCUPATION: Firefi~hter; SUBASE F%re Department 360-396-466% (H) (W) EDUCATION: High School, Navy Tech. Schools, PROFESSIONAL/COIV! MU NITY ACTIVITIES: Secretary F~refighter Unit, USWA Local LOCAL REFERENCES (name & phone number): Helen Strickfaden 360-377-5465 Mary Bertrand 360-692-9392 Currently enrolled at "OC" 9241, USWA Local 9241 Representative City ~f BrPm. Enviro. Committee John Law 360-479-2723 lAM () () () () () () () INTERESTED IN SERVING ON (please check one or Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets Steering Committee ( ) Citizen's Commission on Council Salaries more): Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an appli(~a'tion for reappointment? :No If yes, how many years have you served on this commission/committee? Mayor's Office 239 4th Street Bremerton, WA ~ature 98337 PLEASE RETURN TO: Applications be reviewed periodically to determine continued availability. information may be put on back. Additional pertinent ' CITY OF BREIVIERTON APPLICATIOI~ FOR CITY BOARDS/COMMISSION~/coIVIMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: MC~/""~_ /~. HOME ADDRESS:2.3// ~', ,/ OCCUPATION: / PHONE: L./'7 ?-/9'2. ,F'(H) 9 7 ?-/y.~ ~' (w) EDUCATION: PROFESSiONAL/CO M MU NITY~,J~CTiViTiES: / LOCAL REFERENCES (name & phone number): lAM () () () () () () () ~-/¥,~. ~7z, - 7/~ ? (~) INTERESTED IN SERVING ON (please check one or more): Disability Action Committee ( ) Planning Commission (18 yrs. & older) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission Urban Forest Committee ( ) Ethics Commission Cable Communications Advisory Committee ( ) Parking Advisory Board Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets Steering Committee ( ) Citizen's Commission on Council Salaries Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an appli(~a'tion for reappointment? If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Signature Applications be reviewed periodically to determine continued availability. information may be put on back. /? Additional pertinent ' AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: Surplus/Sale of City Owned Properties around the Wastewater Treatment Plant FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: February 26, 1997 ?/ Public Works & Utilities P.K Lucas, Admin Analy~~ February 11, 1997 ~ 2. CI,EARANCES: (Comment on ba~.~~..~ Director PW&U , ~.~./,~,~..~,~. ~_%~..,;,.,,., -, , City Attorney City Clerk City Treasurer Purchasing Manager Operations Committee Fiscal & Budget Comm. ENDORSEMENT ~' 3. EXFilBITS: · (1) Map Showing Area Involved · (2) Listing of Lots Affected INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Commencing in February of 1994, the City initiated odor mitigation efforts including purchase of properties around the WWTP. Currently, the City owns several properties west of Oyster Bay Avenue and the Treatment Plant. These properties are determined to be surplus to the City's needs. City Council action is requested to authorize surplusing and sale of those properties in the general area shown in Exhibit (1) and specifically identified in Exhibit (2). BMC Chapter 2, Section 78 dictates policy and steps to be taken to sell property owned by the City. Following Council approval, appropriate ads and notices will be published by the City Clerk's Office, assisted by the Public Works & Utilities Department. Each property surplused will be subject to annexation into the City of Bremerton and closing documents will include an odor easement which will remain with the property. 8. RECOMMENDATION: That the City Council authorize surplus and sale of those properties identified in Exhibit (1) and authorize the City Clerk to advertise such as outlined in BMC 2.78.030. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Clerk Purchasing Manager/Admin Analyst N/A N/A PULLED TABI.ED 10. NOTICE OF ACTION APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: ll. AGENDABII.I. NO: q7- Oq[O 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will retain ownership of properties surplus to the City's needs. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Revenues for the sale of these properties are included in the 1997 Wastewater Budget. 7. RESEARCH SOURCES: BMC Chapter 2, Section 78 0~e'A39FtOcm NOJ.~3PI3BB 3RN3A¥ 3nN3AV XYB SLII4n ALI:D , I )~oogB 319N3A¥ N¥1~LLLO3 3nN3A¥ NWtJ. J. OO ~LO NOOgB L ~LO N0098 3nN3AY ONISNY9 ,tOOqB SPECIFIC PARCELS TO BE SURPLUSED ADDRESS TAX H) NUMBER 1997 ASSESSED VALUE OUTSIDE CITY LIMITS - REQUIRING ANNEXATION 903 Oyster Bay Avenue 911 Oyster Bay Avenue 1207 Oyster Bay Avenue 1213 oyster Bay Avenue 1223 oyster Bay Avenue Lot N/Adj 1315 Oyster Bay Ave 1315 Oyster Bay Avenue 1613 oyster Bay Avenue 1619 Oyster Bay Avenue 4 Lots W/Adj to WWTP Lot AdjfNE 1618 Cottman Ave 4429 Barnes Street 1216 Cottman Avenue 1224 Cottman Avenue 1318 Cottman Avenue Lot Adj/E of 1618 Cottman Ave 1328 Cottman Avenue 1336 Cottman Avenue 1400 Cottman Avenue 1618 Cottman Avenue Vacant LOts E of Cottman 4546-005-007-0005 4546-005-005-0007 4546-00~3 4546-OO3-OO2-O0O5 4546-003-001-0006 4546-002-012-0005 4546-002-009-0(1(}0 4546-001~ 4546-001~ 4546-00~ 4546-002-002-0007 4546-001-008-0003 4546-003-013-0002 4546-003-016-0009/018-0007 4546-003-019-0006 4546-001-001-0008 4546-001-014-0003 4546-002-013-OO~ 4546-002-015-0002 4546-002-019-0008 4546-002-017-0000/018-4)009 $49,580.00 $63~220.OO $71~500.OO $54,110.00 $50,070.00 $ 6j30.00 $67,85O.OO $95,370.OO $39,46O.OO $32,67O.OO $24,soo.oo $55,720.00 $80,650.00 $66,910.00/$11,350.00 $97,110.00 $ 9,800.00 $68,O9O.OO $51,090.00 $13,880.00/13,880.00 FOI,I.OWING PARCELS ARE ALREADY WITHIN CITY IJMITS BUT ARE ALSO TO BE SURPLUSED: 1305 Cottman Avenue 1319 Cottman Avenue 1623 Cottman Avenue 1653 Cottman Avenue 4546-0O9-006-0OO8 4546-009~ 4546-010-006-0105 4546-010-001-(gg)1 $68,110.00 $49,690.00 $70,770.00 $24,500.00 Total Value: $1,378,29O.OO Est. Sale Total: $1,722,863.00 (Based on 25% above assessed value) Exhibit (2) Provided, however, That in contracting for architectural or engineering services, the City must comply with RCW Chapter 39.80. (2) The City contracts with other governmental units. (3) The City contracts for materials, goods and/or services in order to effectively deal with an emergency affecting public health and safety. (4) The City contracts for materials, goods or services with a person, firm or vendor who constitutes a sole source. (5) The City uses a small works roster for public works projects as provided for in RCW 35.22.620. (6) In certain circumstances, it may be in the best interest of the City to waive bid call when goods can be obtained at a lower price than the current state contract price. (7) The Council shall determine whether the purchase, lease or rental falls within the above-enumerated exceptions when the amount is over $10,000.00. (Ord. 4296 §1 (in part), 1990). CHAPTER 2.78 REAL PROPERTY TRANSACTIONS Sectious: 2.78.010 2.78.020 2.78.030 2.78.040 2.78.050 2.78.060 2.78.070 2.78.080 Surplus property - Policy. Declaration of Surplus. Surplus property - Disposition. Acquisition of property - Offer. Possession and use. Relocation. Expenses of transfer. Effect on voluntary sales. 2.78.010 SURPLUS PROPERTY - POLICY. It is not in the public interest for property held by the City to remain off the tax rolls if it can be sold for a reasonable value and it is not needed for some present or future municipal use. It is therefore the policy of the City of Bremerton to dispose of all real property the City holds by sale or lease when such property is 122-9 declared to be surplus to its current or future needs and where such disposition would be expected to afford the City a reasonable return. (Ord. 4475 §2 (in part), 1994). 2.78.020 DECLARATION OF SURPLUS. (a) Annual Review. Annually in July, the Administrative Services Director shall review all the City's current real estate holdings to determine which parcels not actively used by the city or included as park lands under BMC 13.02.020, if any, should be declared surplus to the City's needs and what parcels, if any, currently designated as surplus should be redesignated. A preliminary report shall be circulated to all department heads for conunent and shall contain or solicit the following information: I. A description of the parcel, size, and its general location. 2. A description of the circumstances under which the parcel was obtained and to which fund the proceeds from the sale would be credited. 3. A description of what municipal use such property has been put to in the past, if any, and what use it might be held for. 4. A statement as to whether the parcel is only useable by abutting owners or is of general marketability. 5. An estimate of its current market value and a recommendation as to whether any special covenants or restriction should be imposed in conjunction with its sale. 6. Whether special consideration ought to be given to some other public agency that has a use for the parcel. 7. A recommendation as to whether such parcel should be retained or surplused. 8. Whether the parcel should be s..o, ld by. sealed bid or through 'negotiation~ .... ' .... "';':+:'"~ ''~: ; The final report and recommendation, approved by the Mayor, shall be presented no later than September I for consideration by the City Council. The Council shall schedule a public hearing by publishing a notice not less than 10 days or more than 25 days prior to the time set for hearing accompanied 122-10 by a news release to printed and electronic media. The notice shall state [or each parcel: 1. An easily understood description of property locations. 2. The date, time and place of the hearing. 3. Whether special covenants or restriction are proposed as a condition of sale. 4. Whether the parcel is proposed to be sold by sealed bid or through negotiated sale. If a negotiated sale, the notice shall give the prospective purchasers and proposed use. In addition to publication, the notice of hearing shall be posted conspicuously upon the property and notification mailed to all property owners within 300 feet at least 10 days prior to the public hearing. Following a public hearing, council shall determine those parcels to be declared surplus and disposed of based on Council's further determination of: 1.Whether special covenants or restriction should be' imposed as a condition of sale. 2.Whether the parcel should be sold by sealed bid, ~ith a bro'ker or negoi'iated sale.~ 3.~utii~ne~t' in BMC I3'.'I2 [o'-r those park properties listed in that chapter. 4. Whether purchase may be by real estate contract not to exceed ten equal payments and setting the interest rate. Parks Board review required by BMC 13.12 shall supplement the procedures above for Parks properties listed under BMC 13.12.020. (b) In addition to the annual surplus property review, the Mayor, a department head or the City Council may initiate the' surplus review procedures of this section for a particular i; property at any time by £lling a request with the Clerk. (Ord.. 4475 §2 (in part), 1994). 2.78.030 SURPLUS PROPERTY - DISPOSITION. (a) Determination of Property Value. Where no current appraisal (conducted within the last six months of surplus declaration) is available, the Clerk shall 122-11 i .26 property, disposed minimum condition Council. Any bid that arrange, 1) a limited opinion of value for properties estimated at less than $25,000; 2) short form appraisal report for properties valued as less than $100,000,but greater than $25,000; or 3) full narrative appraisal report for properties estimated in excess of $100,000 in value. The Clerk shall only accept offers for purchase within 10% of the appraised price as a minimum accepted price unless otherwise provided below. (b) Sealed Bid Process. All properties not approved for listing or negotiated sale shall be subject to a sealed bid process. The following notification procedure shall be utilized: 1. A notice of the City's intent to dispose of the property in question shall be conspicuously posted on the property no less than two weeks prior to the date set for final bid submittals. Similar notice shall be posted at City Hall. 2. Property subject to sale shall be advertised in the real estate section of the Bremerton Sun at least once for four consecutive weeks preceding the final day for submitting sealed bids. '3. Notice and ads shall include a description of the the procedure by which this property is of, deposits which must be made, the price that will be accepted, and any of use or development imposed by the is submitted of $1,000 or less must be accompanied by a bid deposit in the form of a cashier's check payable to the City equal to 25% of the bid amount. Where the bid amount exceeds $1,000, the bid deposit shall be 10% of the bid. It shall be the obligation of the successful bidder to pay the full purchase price within 30 days from the date of the bid award, and failure to do so, shall result in forfeiture of the bid deposit to the City as liquidated damages. (e) Broker Listing. Where the Council finds as part of its surplus and disposition determination that the character or value of a parcel may require marketing efforts to realize the maximum price, and that these efforts can most economically be provided by a broker rather than City staff, Council may approve a listing agreement 122-12 in lieu of sealed bids; Provided, That any agreement shall include a minimum value and minimum notice under subsections (a) and (b) above. (d) Sale to Abutting Owner. If the surplus property has value only to an abutting owner because e,f its size, shape, topography or other restrictions, the Clerk shall accept the minimum acceptable purchase price from an abutter (or abutters); Provided: 1. An abutter is the only one that can put the property to its highest and best use in combination with the abutter's property; 2. The abutter is willing to purchase for the minimum acceptable selling price; 3. Where more than one, the abutters are agreed among themselves as to the division or allocation of the rights of ownership or have waived any preferential right of purchase offered by this policy. (e) Other Negotiated Sales. 1. In the event City Council finds that a unique character or development potential of a particular parcel of City property is such that special considerations or conditions of sale to a particular purchaser, including another public entity, create benefits to the City and the greater community which outweigh monetary return to the City, the Council may declare such parcel surplus to the City's needs and direct a negotiated sale subject to final Council approval. 2. When a potential purchaser offers property in exchange for City property which may enhance other City property or promote the needs of the City, Council may declare the subject property surplus and direct a negotiated sale subject to final approval by Council. 3. Transfers to other public entities may be at less than current market value if the Council, by resolution approved by a majority plus one vote, approves the transfer and declares the particular City interests served thereby. 4. Sales under this section shall be negotiated by the Administrative Services Director, City Attorney and 122-13 department head most directly affected by the property transaction, unless otherwise directed by the Mayor. (0 Closing. Subject to Council modification, 1. The City Attorney's Office shall prepare and handle all closing documents in regard to property sales or exchanges, including necessary legal provisions to ensure that the subject property is used or developed in a manner consistent with special considerations or conditions approved by Council; 2. All conveyances shall be by statutory warrant deed; and 3. All costs exclusive of deed preparation shall be borne by the purchasers, including title insurance if desired, recordation costs, brokerage and escrow fees if applicable. (Ord. 4475 §2 (in part), 1994). 2.78.040 ACQUISITION OF PROPERTY -OFFER. The department acquiring property for a budgeted purpose shall make a written offer to acquire the property for the full amount established by appraisal or by less formal estimate of value for properties with a value below $75,000. The offer shall summarize the basis for the amount of just compensation, and benefits or damages to remaining real property shall be separately stated. If an uneconomic remnant would result from acquisition, the department shall offer to acquire that remnant. An uneconomic remnant is a parcel with little or no utility or value. The City Council shall approve each real estate purchase' agreement or delegate approval of agreements to the Mayor ' for one or a number of parcels to be acquired for a comm6n -" purpose setting a limit on total compensation'' in advance.? (Ord. 4475 {}2 (in part), 1994. 2.78.050 POSSESSION AND USE. (a) No Oa, ner shall be required to surrender possession of real property before the agreed purchase price is paid, an amount not less than the City's appraisal of the fair market value of the property is deposited with a court having jurisdiction of condemnation of such property for the immediate and unrestricted use of the owner, or the amount of the award 122-14 of compensation tn the condemnation proceeding is paid. (b) As part of negotiations, the department may administratively extend an owner or tenant's occupancy by a short term rental or for a period subject to termination on short notice, depending on the needs of the department, for an amount not exceeding the fair rental value of the property to a short-term occupier. (Ord. 4475 §2 (in part), 1994). 2.78.060 RELOCATION. The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or business without at least ninety days written notice of the date such move is required. The City hereby elects not to apply the provisions of RCW 8.26.035 through 8.26.115 when acquiring property as part of a program or project unless required by federal financial assistance. (Ord. 4475 §2 (in part), 1994). 2.78.070 EXPENSES OF TRANSFER. As soon as practidable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, the department shall reimburse or pay the reasonable expenses for: 1. Recording fees, transfer taxes and similar expenses. 2. Penalty costs for full or partial prepayment of any reexisting recorded mortgage. 3. The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the City. (Ord. 4475 §2 (in part), 1994. 2.78.080 EFFECT ON VOLUNTARY SALES. Sections .040 through .070 of this chapter shall not apply to voluntary sales negotiated following an offer from the City or the owner where the City has not expressly stated in writing its intent to acquire the particular parcel by condemnation. (Ord. 4475 §2 (in part), 1994). 122-15 AGENDA BILL BREMERTON CITY COUNCIL 1. SUB,CT: FOR AGENDA OF: Feb. 26, 1997 Renew one year Kitsap Family ORIGINATING DEPT: Human Resources YMCA membership for all qualified ORIGINATOR: Barbara Forbes City employees and officials. DATE SUBMITTED: Feb. 18, 1997 if necessary) 3. .~orn~ey / / / _~ ,/ /. / City ~ orney . ~tions C ommi~t tee In~ran6~--B~ne fit s Committee Wellness Committee ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL COUNCIL PRESIDENT EXHIBITS: Proposed Agreement TTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In February 1996, City Council approved an agreement with the Kitsap Family YMCA to provide a health/fitness program. This program was to assist, motivate and support employees in the improvement of their well-being. The Wellness Committee believes this program has been successful in improving City employees' morale, increasing energy, and decreasing stress levels. In some cases, job performance has been enhanced. Ordinance 4514 allows expenditures from the Employee Medical Insurance Reserve Fund for employee wellness programs, subject to the budgetary authorization of the City Council. 8. RECQI~4ENDATION: Approve the expenditure of $30,000 from the Employee Medical Insurance Reserve Fund to pay for the cost of a YMCA membership for all regular City employees and officials beginning March 1, 1997 to February 28, 1998. Expenditure to be paid in monthly installments of $2,500 per month. 9. RESPONSIBLE OFFICIAL: Jim Meith ENFORCEMENT OFFICIAL: Jim Meith EXPIRATION DATE: Feb. 28, 1998 REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. NO..- qT--Oq I (OVER) 2. CI.,~M:~.A~C~ 5. IMPACT OF NON-PASSAGE: Non-passage would discourage City employees that may affect morale, sick leave usage, workers compensation claims and inappropriate use of medical benefits. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EOUIPM~NT OR OT~]~RRESOURCE~: Funds are available in the Employee Medical Reserve Insurance Fund and will not have an impact on the 1997 budget. 7. RESEARCH SOURCES: WF.T.T.NR.q.q %'MC.A- q7. AR GROUP MF. MBERSHW AGREEMF NT The City of Bremerton (hereinafter refexred to as "City") and the Kitsap Family Y.M.C.A. (hereinafter referred to as "YMCA") mutually agree to the establishment of a City employee group membe~p subject to the general provisions embodied in this agreement. This agreement shah be in effect for the period of March 1, 1997 through February 28, 1998. The YMCA will provide full membership privileges for any regular City employee or official of the City who is qualified for membership under the City's wellness program criteria. The City will provide the YMCA with a current listing of qualified employee's and officials, and will amend that list on a monthly basis for additions and deletions. The YMCA agrees that it will provide the City with a monthly printout of employees use of the program. e It is understood that employees participating in this program are doing so on a voluntary basis and the City assumes no liability for any injuries that may result from participation in the program. In consideration of the above, the City shah pay the YMCA the sum of Thirty Thousand Dollars and No/100 ($30,000.00). Payment shah be paid in monthly installments of Two Thousand Five Hundred Dollars ($2,500) by the 15th of each month. In addition, the YMCA agrees to waive the one time building fund assessment fee of Eighty Dollars ($80.00) per qualified employee and the building fund assessment fee of Forty Dollars ($40.00) for spouses. There is no building fund assessment fee for youth (18 and under). Under this contract the monthly rate for membership dues for a spouse will be $17.00 and the rate for membership for youth (age 18 and under) will be $5.00 per child. Am, zx~um of three children are charged per family. If said conWdct is not renewed by the City after one year, those employee's who are current members, and wish to continue their membership, will be responsible to pay the YMCA's one time building fund assessment fee and the YMCA's regular monthly dues as set by the YMCA. Ali participating group members must sign the code of conduct attached as exh~it "A". Ail group participants will also be required to complete a membership application. Those employees who participated in 1996, will be required to to submit another program agreement with thc City. Failure to comply with thc rules of conduct may result in the individual's suspension of membership for thirty (30) days. // For the Kitsap Family Y.M.C.A. For the City of Bremerton: Glen Godfirey, Executive Director Lynn Horton, Mayor Jim Meith, Human Resources Mgr. Received for Filing: Approved as to Form: Kathy McCluskey, City Clerk Ian R. Sievers, City Attorney ONE YEAR YMCA MEMBERSHIP March 1, 1997- February 28, 1998 I wish to participate in the City o£Bremerton's YMCA Membership Wellness Program subject to the following conditions: 1. This program is strictly voluntary. 2. The City assumes no liability for any injuries that may result from participation in the program. 3. Agree to use the YMCA facility a minimum of eight (8) times per month on average. 4. Completion of the YMCA's enrollment procedures. This program is for one year only and may be terminated at the end of that year. If the City does not renew membership, the employee would be responsible for all applicable fees and or dues in order to retain their membership. I understand that ifI do not comply wKh the terms of this agreement4 I will no longer be eligible to participate in the program. Employee Signature PLEASE RETURN TO HUMAN RESOURCES AGENDA BILL BREMERTON CITY COUNCIL Resolution establishing Ad Hoc Council Advisory Committee on telecommunications FOR AGENDA OF: Feb. 26 1997 ORIGINATING DEPT: Council ORIGINATOR: Ian Sievers, City Atty DATE SUBMITTED: 2/6/97 ,~/ 2. ~: (Comment on back if necessary) ~%udy Session COUNCIL COMMITTEE E DORSmE T I FO TIO [] YOR APPROVED BY COUNCIL PRESIDENT ~UBMITTAL: COUNCIL PRESIDENT ~.~ ~ . _ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This resolution would create a short term citizen/council advisory committee to research and recommend a telecommunications ordinance to Council by May 29, 1997. The committee, as proposed, would consist of two council members and three citizens, with necessary staff support. 8. RECOMMENDATION: Approve Resolution committee. establishing Ad Hoc telecommunications Advisor~ 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: QQUNCIL DIRECTIVE: 11. AGENDA BILL NO.: AOVER) ~L~m~RANCE COMMENTS: -~ _ 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: 37 RESOLUTION NO. e~ff'~ A RESOLUTION establishing an Ad Hoc Telecommunications Advisory Committee. BE IT RESOLVED by the City Council of the City of Bremerton that: 1. COMMITTEE ESTABLISHED. There is hereby established~.,~,_~_/,..~.c.,.~/.:.~f'.~_d HOc Telecommunications Advisory Committee appointed by the Council eresidenJ,~n'SigU~n~ bf t~6 (2) council, merpbgrs, three (3) citizen members or more if deemed appropriate by the Council ~~~ staff support as available.. 2. PURPOSE. The Advisory Committee shall obtain information, provide public education, and recommend to the Council a telecommunication ordinance which should address the following needs: (a) City policy and regulation of right-of-way use by telecommunications providers and utilities, including installation and maintenance of equipment, transmission lines and towers. Telecommunications includes all forms of electronic data transmission. City policy, site master plans, and ordinances necessary for coordination of City properties suitable for tower siting. (c) Land use controls of transmission facilities on private property. (d) Other duties as assigned. 3. RECOMMF_2qDATIONS. The Committee shall forward its recommendations to the City Council for consideration by May 29, 1997. PASSED by the City Council of the City of Bremerton this __ day of~, 19_ DAVID D. FARR Council President TELECOM.RES - Rcsolulio~a - 21610fl - AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance prohibiting broadcast feeding of birds and animals FOR AGENDA OF: 2/26/97 ORIGINATING DEPT: Police ORIGINATOR: I. Sievers, City DATE SUBMITTED: 2/10/97 Poli~hi~f _ 3 cheil (Comment on back if necessary) Proposed Ordinance 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This ordinance amends the municipal code section declaring certain animal nuisances, and makes it unlawful and a nuisance to throw or scatter animal or bird feed. If unconsumed, the feed becomes unsightly refuse which attracts vermin. There have been recent complaints that broadcasting large amounts of bird feed on a set schedule has caused large numbers of birds to congregate, creating a noise disturbance to surrounding properties and droppings on public sidewalks. 8. RECOMMENDATION: Approve proposed ordinance on first reading and Pass on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 2 · CL~CE COMMENTS 5. IMPACT OF NON-PASSAGe: Continued complaints and lack of direct enforcement authority. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: Minimal RESEARCH SOURCE~: ORDINANCE NO. - AN ORDINANCE prohibiting outdoor broadcast feeding of birds or animals and amending BMC 7.08.100. WI-IEREAS, the practice of feeding wild or domestic birds or animals by throwing or scattering feed creates a public nuisance by attracting uncontrollable numbers of animals which can become an irritant to surrounding properties, littering of private and public properties with uneaten feed, and attracting rodents and other pests to the uneaten feed; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Bremerton Municipal Code 7.08.100 is hereby amended to read as follows: · 100 NUISANCES. nuisances: The following acts are prohibited and will constitute public . . .[(a)-(1) unchanged] (m) To feed any domestic or wild animals or birds by broadcasting feed outdoors onto the ~round or other surface. APPROVED by the City Council of the City of Bremerton this ,1997. PASSED by the City Council of the City of Bremerton this ,1997. day of day of DAVID D. FARR, Council President APPROVED this~ day of ,1997. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk BIRDS.ORD - Di~k 2 - 2/10/97 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING & ORDINANCE To amend the Official Zoning Ordinance text and map by adopting and applying two new zones: "Health Care" and "Shoreline Mixed Use". FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Feb. 26,1997 DCD/Planning RQnW. Hough Feb. 21,1997 City Attorney ~ -.~ · Dir. Comm. Dev. Operations Commi~~~'~ ENDORSEMENT.z~ ~__MATION__ MAYOR~-- -~. 3. EXHIBITS: Staff Report: Ex. "A" Health Care zone Ex. "B" Shoreline Mixed Use zone Ex. "C" Proposed Zoning Map Ordinance Planning Comm. Minutes of 12/17/96 APPROVED BY COUNCIL PRESIDENT FO.R__ SUBMITTAL: COUNCIL PRESIDENT ~ ,'~ '~~ 4. SUMMARY STATEMENT AND RE(~UIREMENT FOR COUNCIL ACTION: The Bremerton City Council adopted the Harrison District Plan in September, 1996. That Plan included a recommendation to adopt two new zones. The "Health Care (HC)" zone is intended to better define and protect the health care district in the vicinity of Harrison Hospital. The "Shoreline Mixed Use (SMU)" zone would provide a more compatible mix of land uses for the high bluff area along Campbell Way and Old Wheaton Way. The Planning Commission studied the proposed amendments and conducted a public hearing on December 17, 1996, after which it recommended City Council adoption of these amendments. 8. RECOMMENDATION: City Council approval of the attached Ordinance on first reading. City Council passage of the Ordinance on second reading. 9, RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Donald L. Pratt '10. NOTICE OF ACTION: PULLED TABLED~ COUNCIL, DIRECTIVE: APPROVED DISAPPROVED DATE: '1'1. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The proposed changes are intended for the long-term benefit of the Harrison District, but are not mandatory or urgent. If the new zones are not adopted, the present zoning will continue. The present zoning is more intense than the proposed zones, has been in place for nearly ten years, and is consiStent with the Comprehensive Plan. Non-passage of these amendments will not result in a Comprehensive Plan conflict, nor in a compliance issue with the GMA. Non-passage could slow the Harrison District's continued growth in the directions outlined in the Plan by allowing conflicting, but allowed, land uses in an area that may be sensitive to those uses. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No anticipated impacts in these areas. 7. RESEARCH SOURCES: The Harrison Zones Zoning Text and Map Amendments Prepared by: Ron W. Hough --- Dept. of Community Development m 286 Fourth Street, Bremerton WA 98337 INTRODUCTION: In September, 1996, the City Council adopted the Harrison District Plan as an amendment to the City's Comprehensive Plan. Within the Plan, and adopted in concept, were recommendations for two new zones, tailored specifically for portions of the Harrison District. This was done in response to problems, concerns, or oppor- tunities expressed during a series of neigh- borhood meetings during preparation of the Harrison Plan. PLANNING COMMISSION ACTION: COml;rehenslve Plan The Bremerton Planning Commission con- ducted a public hearing on December 17, 1996, to consider these proposals and to accept public comments. Following the hearing, the Commission recommended City Council adoption of these amendments to the Zoning Ordinance text and map. The vote of the Commission was 5-1, with Chairman Olsen voting "no". He felt items #3 and #5 of the SMU zone "development guidelines" were incorrect. They refer to a requirement for a hard surface public access walkway "to and along" the blufftop which is a requirement of the City's Shoreline Master Program, which was adopted years ago. The City Council agreed that the "to and along" requirement was inappropriate for this location and removed controversial items #3 and #5 when the Plan was adopted last fall. At the same time, the Plan was adjusted to propose a "landscaped pathway system along the street s_id~e o~f_ the__p~OP__e_~i~.e_s_"_ a__nd .t_9_ Sho~ MaSterS,am-will rec~r~i~-e this as the adopted waterfront access plan for the Harrision District. Harrison Zones: Page I Health Care (HC) zone: A. Purpose & Objectives A primary objective is to protect and strengthen the medical center to ensure that it remains strong and viable. Sufficient areas must be provided in the general vicinity for medical center expansion. At the same time, we should guard against uses that could diminish the function of the area as a regional healthcare center. The following primary objectives were considered in the development of the HC zone: 1. A health care campus of related and compatible uses will be established. 2. Medical and related "support" activities will be the preferred uses. 3. Areas for new growth and expansion will be provided. 4. Internal access and circulation will be improved. 5. Land use conflicts will be minimized. The areas delineated on the Harrison District Land Use Plan as "Health Care Center" are currently zoned "General Business" and "Professional Office" for the most part. The General Business zone is one of Bremerton's most intense commercial zones, is highway oriented, and allows a number of land uses that may not be in the best interests of a health care district. The suggested "HC" zone is a combination of the most appropriate uses from the Professional Office zone and the General Business zone and is intended to promote the objectives of this Plan while preventing most incompatible uses. B. Minimum Development Standards Minimum Lot Size Maximum Lot Coverage Minimum Lot Width Max. Building Height Max. Building Size None 60% (building coverage) None 60 ft. (higher requires PUD) None Building Setbacks (measured from property line) Front: Side: Rear: 10ft. Min. of 10 ft. is required from any "residential" zone. No side setback required from non-residential zones. Min. of 10 ff. is required from any "residential" zone. No rear setback required from non-residential zones. Harrison Zones: Page 2 C. Allowed Land Uses (SUP = requires Special Use Permit approval) Primary Uses: The following are encouraged as the preferred uses within this zone. Medical & Social Svcs. Recreation & Health Other Retail Business Hospital Medical -- Offices and Out-patient Services Medical Services (diagnostic, ENT, etc.) Medical Laboratory Detoxification Center & similar facilities -- SUP Weight Control and Aerobics Drug Store or Pharmacy Glasses & Optical Goods and Services Support Uses: The following uses are permitted in support of the primary uses within this zone. Their size and intensity should not dominate, but should be compatible with the overall character and purpose of this district. Residential Other Lodging Entertainment ?Culture Medical & Social Services Recreation & Health Other Public / Quasi-public Government & Utility Svcs. Eating & Drinking Personal Services Residential, as a secondary use --- SUP Foster Home Day Care Facility (13 or more -- all ages) Day Care Facility (12 or fewer- all ages) Group Residential Facility - Class I --- SUP Group Residential Facility - Class II -- SUP Youth, Senior, or Community Center --- SUP Social Service Facility Welfare & other charitible Services/Facilities Indoor Athletic/Recreation Facility Park, Playground or other recreational facilities Educational facilities (health care emphasis encouraged) Library Law Enforcement & Fire Facilities Water, Sewer and Stormdrain Facilities Utility Substation --- SUP Communications Antenna/Relay Tower -- SUP Antenna Tower (non-commercial) --- SUP RestaurantJCafe Food/Beverage Take-out (no inside seating) Donut Shop, Baked Goods Delicatessen Health Foods, Supplements, Vitamins, etc. Hair Care and Personal Grooming Personal/Family Counseling Services Harrison Zones: Page 3 Business Services Other Retail Auto/Transportation Industrial / Manufacturing Convenience banking and financial services Office/Business Assistance Services General Offices Book Store (newspapers, magazines, etc.) Stationery, Paper Products, Office supplies Flowers, Gifts and Greeting Cards Non-accessory Parking (structure or lot) Recycling Collection Stations Harrison Zones: Page 4 Exhibi Shoreline Mixed Use zone: A. Purpose and Objectives The purpose of this zone is to establish a mixed use district that responds to the constraints and special opportunities of the high bluff areas that lie to the south of Wheaton Way, Campbell Way and Lebo Boulevard. The following primary objectives were guided the development of the SMU zone: .'~121 Maximize the potential of bluff-top areas through redevelopment and infill. Promote a mix of water-oriented commercial, office and residential uses. 3. Ensure that new development is designed and sited to take advantage of high bluff views while enhancing the unique qualities of the shoreline location. 4. Discourage development that endangers the stability of the bluff or function of the Tracyton Beach Natural System. (e.g., buildings that "step down" or cut into the bluff) 5. Develop a public access walkway/bikeway along the top of the bluff and acquire public access easements along the water's edge. This is a key shoreline link in the City's future greenways system and is of community and regional importance. Areas delineated on the Harrison District Land Use Plan as "Shoreline Mixed Use" are currently zoned Professional Office (PO) and General Business (GB) for the most part. The GB zone is one of Bremerton's most intense zones, is highway oriented, and allows a number of land uses that are not well suited to a narrow bluff-top location. The suggested "SMU" zone borrows primarily from the Professional Office and residential zones in providing for a mix of residential and office uses, with limited commercial services. The following lists of uses are designed to meet the stated objectives while ensuring a compatible mix of appropriate uses for this very limited and sensitive area. B. Minimum Development Standards Minimum Lot Size None Maximum Lot Coverage 50% Minimum Lot Width None Max. Building Height 40 f. Max. Building Size None Harrison Zones: Page 5 Building Setbacks (measured from property lines) Front: Bluff-top: Side: Rear: 10 ft. min. 25 ft. min. or as determined by a geo-technical report. 5 ft. min. (also subject to view corridor requirements) 10 ft. min. C. Development Guidelines The following guidelines are intended to assist in planning for a new project, expansion of an existing use, or in the City's consideration of unique design approaches. Maximizing views, public access and other site amenities should guide project design within the SMU zone. Mixed-use developments that integrate office and light commercial uses with residential uses are encouraged. Because view and amenities are of foremost importance, the City will give greater weight to public amenities that are provided along the waterfront public access pathway system, in exchange for relief from other constraining develoment requirements. Such relief is requested through the Variance, PUD, or Special Exception process. Buildings having a vertical design (multi-levels) are preferred in this zone to reduce lot coverage and result in more open space. Parking should be limited to the street side of buildings. Multi-level parking structures are encouraged. New development should recognize the instability of the bluff, should minimize impacts on the physical structure of the bluff, and should avoid cuts, fills, stepping-down the bluff, or other unnecessary alterations of the natural landform. Dm Allowed 1. Land Uses (SUP = requires Special Use Permit approval) Primary Uses: The following are encouraged as the preferred uses within this zone: Residential Multiple-unit structure (4 or more units -- no density limitation) Townhouse (attached units on own lots) Other Lodging Bed & Breakfast Hotel or Motel Residential Hotel or Inn (weekly/monthly) Eating & Drinking Business Services Restaurant/Cafe (2,500 sq.ft, or larger) Restaurant/Cafe (Under 2,500 sq.ft.) General Offices (prefer those with limited client visits) Harrison Zones: Page 6 2. Support Uses: The following uses are permitted in support of the primary uses within this zone. Their size and intensity should not dominate but should be compatible with the overall character and purpose of the district. Residential Other Lodging Entertainment/Culture Medical & Social Svcs. Personal Services Business Services Public & Quasi-public Government & Utility Svcs. Eating & Drinking Residential -- as a secondary use Foster Home Convalescent/Rest Home Day Care Facility (13 or more -- all ages) Day Care Facility (12 or fewer -- all ages) Group Residential Facility --- Class I Youth or Teen Center -- SUP Senior Center --- SUP Community or Neighborhood Center -- SUP Medical services (diagnostic, ENT, etc.) Medical - out-patient clinic Indoor Athletic/Recreation facility -- SUP Tennis or Swim Club (or similar facility) --- SUP Weight control and Aerobics Tanning Salon, Spa, and similar uses Personal Apparel Repair/Alterations Hair Care and Personal Grooming Personal/Family Counseling Services Personal Services -- other than listed -- SUP Insurance and Investment Services Real Estate, Title, Escrow and similar services Accounting, Tax Prep., and similar services Copying, mailing, FAX, and similar services Office/Business Assistance Services Consultants (Arch, Planning, Design, etc.) Computer Assistance, training, & repair svcs. General Offices (other than listed above) --- SUP Art gallery (2,000 sq. ft. or smaller) Water, Sewer and Stormdrain Facilities Utility Substation -- SUP Food/Beverage Take-out (no inside seating) Donut Shop, Baked Goods --- retail Delicatessen Harrison Zones: Page 7 Proposed Zoning: New zones: HC --- Health Care SMU --- Shoreline Mixed Use Harrison District PI:~OPOSED ZONING 1 DR MF MR PO GB HC SMU PS Duplex Residential Multi-family Residential Mixed Residential Professional Office General Business Heallh Care Shoreline Mixed Use Parks & Schools Harrison Zones: Page 8 ORDINANCE NO. AN ORDINANCE amending the Bremerton Zoning Ordinance and Zoning Map to add the new "Health Care (HC)" and "Shoreline Mixed Use (SMU)" zones. WHEREAS, the Bremerton City Council adopted the Harrison District Plan as an amendment to the City's Comprehensive Plan in September, 1996; and WHEREAS, the Harrison Plan included a number of proposals and recommendations aimed at strengthening this district as a health care center, business, and residential center; and VVHEREAS, those recommendations included two new zones, the "Health Care (HC)" zone to be applied to Harrison Hospital and its surrounding health-related business district, and the "Shoreline Mixed Use (SMU)" zone which was to be applied to a narrow corridor south of Campbell Way and Wheaton Way and along the existing high bluff; and WHEREAS, public hearings were conducted by the Bremerton Planning Commission in 1996 prior to adoption of the Harrison Plan, and a public hearing was conducted on December 17, 1996, to consider the proposed zoning amendments, followed by a recommendation for City Council adoption of those amendments; and WHEREAS, the Bremerton City Council conducted a public hearing on February 26, 1997, to accept public comments pertaining to the proposed zoning amendments and considered the Planning Commission's recommendation; now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Bremerton Zoning Ordinance (BMC 21.02) is amended as follows: (a) Figure 080 Zones (table), is amended to add the the following to the "Special Purpose" category: "HC Health Care" "SMU Shoreline Mixed Use" (b) Figure 090 PRIMARY ZONE CONSISTENCY (table) is amended to include "HC Health Care" as a primary zone consistent with the Comprehensive Plan designations "C-P", "C-G" and "H". (c) Figure 090 PRIMARY ZONE CONSISTENCY (table) is amended to include "SMU Shoreline Mixed Use" as a primary zone consistent with the Comprehensive Plan designations "MDR", "HDR", "C-G", and "C-P". (d) Figure 120 ZONE SUMMARY (table) is amended to add the following descriptions following the "MX" zone description: ZONES Description/Intent ] Min. Standards (See Table Z-4) ! HC The intent of this zone is to protect and strengthen the Min. Lot Size: None Health Care medical center to ensure that it remains strong and Max. Coverage: 60% viable and to provide for medical center expansion. Min. Lot width: None This zone was based on the following objectives: Max. Bldg. Hr: 60 ft. >- Establish a Health Care Campus of related and compatible uses. SETBACKS: :~ Preferred uses will be medical, along with their Front: l0 ft. related support activities. Side: 10 ft. from"R" zone ~- Provide areas for new growth and expansion. None from non-R zones >- Improve internal access and circulation. Rear: 10 ft. from "R" zone ~- Minimize land use conflicts. None from non-R zones SMU The purpose of this zone is to establish a mixed use Base Density: None Shoreline Mixed district that responds to the constraints and special opportunities of high bluff areas and to the following Min. Lot Size: None Use primary objectives: Max. Coverage: 50% :~ Maximize the potential of bluff-top areas. Min. Lot width: None >' Promote a mix ofwaer-oriented commercial, Max. Bldg. Ht: 40 ft. office and residential uses. ~ Ensure that new development is designed and SETBACKS: sited to take advantage of high bluffviews while Front: 10 ft. enhancing the unique qualities of the shoreline Bluff-top: 25 ft.* location. Side: 5 ft.** :~ Discourage development that endangers the Rear: l0 ft. stability or function of the bluff. :~ Provide for public access as required by the City's * Unless a geo-technical report Shoreline Master Program. supports a lesser setback. · * Side yards also subject to view corridor requirements. (e) Figure 130 LOT REQUIREMENTS (table) is amended to add the following zone requirements: Requirements Health Care Shoreline Mixed Use (HC zone) (SMU zone) Allowed Resid. Density .............. Setbacks: FRONT: I 0 f. 10 ft. SIDE: ....... 5 5 fi. REAR: ....... $ 10 ft. Min. Lot Size .............. Min. Lot width .............. Maximum Height 60 ft. 40 fi. Maximum Coverage 60% 50% (f) Figure 140 LAND USE TABLES are amended to add the following land uses for the subject zones: Uses Allowed - by zone HC SMU Multiple-unit Structure (4 or more units) A Townhouse (attached units on own lots) A Residential, as a secondary use SUP A Foster Home A A Convalescent/Rest Home A Day Care Facility (l~ or more -- all ages) A A Day Care Facility (12 or fewer -- all ages) A A Group Residential Facility - Class I SUP A Group Residential Facility - Class II SUP Bed & Breakfast A Hotel or Motel A Residential Hotel or lnn (weekly/monthly) A Youth or Teen Center (social/recreational) SUP SUI' Senior Center (social/recreational) SUP SUP Community or Neighborhood Center SUP SUP Hospital A Medical -- Out-patient Clinic A A Medical Services (diagnostic, ENT, etc.) A A Medical Laboratory A Detoxification Center & similar facilities A Social Service Facilities A Welfare and Other Charitible Svcs./Fac's. A Indoor Athletic/Recreation Facility A SUP Tennis or Swim Club (or similar facility) SUP Weight Control and Aerobics A A Tanning Salon, Spa, and similar uses A A Park, Playground, or Rec. Area &Fac's. A Private Educational Facilities (See "PS" zone) A Library A Law Enforcement & Fire Facilities A Water, Sewer, Stormdrain Facilities A A Utility Substation SUP SUP Communication Antenna/Relay Tower SUP Antenna Tower (non-commercial) SUP Restaurant/Cafe (2,500 sq.ft, or larger) A A Restaurant/Cafe (Under 2,500 sq.ft.) A A Food/Beverage Take-out (no inside seating) A A Donut Shop, Baked Goods -- retail A A Delicatessen A A Specialty Food Sales A Drug Store/Pharmacy A Glasses & Optical Goods and Services A Hair Care and Personal Grooming A A Personal/Family Counseling Services A A Personal Services -- other than listed SUP SUP Banking & Other Financial Services A Office/Business Assistance Services A A Insurance and Investment Services A A Real Estate, title, Escrow and Similar Services A A Accounting, Tax Prep., and similar services A A Copying, mailing, FAX, and similar services A A Consultants (Arch, Planning, Design, etc.) A A Computer Assistance, training, & repair services A A General Offices (other than listed above) A SUP Non-accessory Parking A Parking Structure A Book Store (newspapers, magazines, etc.) A Stationery, Paper Products, Office Supplies A Flowers, Gigs and Greeting Cards A Art Gallery (2,000 sq.t~, or smaller) A Recycling Collection Station A Section 2. The Official Zoning Map of the City of Bremerton, adopted by Ordinance No. 4555 in May, 1996, is hereby amended to apply the "Health Care (HC)" and "Shoreline Mixed Use (SMU)" zones, as recommended by the Planning Commission, to those areas delineated on the "Proposed Zoning" map, which attached hereto as Exhibit "A". APPROVED by the City Council on the first reading this day of ,1997. PASSED by the Bremerton City Council this ,1997. day of DAVID FARR, President Bremerton City Council APPROVED this day of ,1997. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Published: Effective: 13-C:zma-5-96.ord Exhibit "A" Proposed Zoning: New zones: HC --- Health Care SMU --- Shoreline Mixed Usc Harrison District PI~OPO$£D ZONING DR MF MR PO GB HC SMU PS Duplex Residenlial Multi-family Residential Mixed Residential Prol'essional Office General Business tleallh Care Shoreline Mixed Use Parks & Schools Iiarrison Zones: Page 8 PLANNING COMMISSION MEETING MINUTES December 17, 1996 Chairman Ol/sen called the to order ApproTdthe A PUBLIC ON RES L LOTI /fl~o {>nam Pratt, of Deve prese~ the staff is an rdinance first heard December meeting, changes are a from input at that m The M; addin the number of' to 5 and allowing for 3 the ordi~ kicks in. Mayor had no the followin will defer Commissi, judgement: e: carports and exem large lots the parkis regulations. Mayor oppos~ g veh applying to yards onl' and determinin~ number of ye by the rnber of licen drivers. Zimsen that will be by a vindictive hbor and will not be acros board. Mi rl abou al vehi, congesting/the nei parking be ir inat, ei on one side of tl~street on then~-row ~ Kamp, /c,o.ncer about <[the real inten/ffons of the city/a~e with this ord tance. , :els that Ce the purpose i~, :n ified, it will/15e easier to dra/ft/a entbrceable , ordinance./. .qs the c} .'nt ordinance is/An sJ ,e on the r~idents and that/parking is already/" an issue ~ th~' City .ah that this ordiMnce will force nldre vehicles onto. dhe streets. Corn Zi~ n~r l~iins i stated ~- c~ould ~-ot suI ,poF~e-~i~i~;~-'Zs~e-d-~i~ e~as he 7 it' it 7/gt'd;:l°w f°r '7/o/il cars °n and//°/ff'the street-// ' ~/ com mi ssi{. her Adams tM she has to p~kin front of/her home and .l~s not had any problen ¢ Less vehicles the pr°petty/n'~i~ht enc°urage//~ar P°°ling' /i~~ar~0~lj'Tg' '~' '~ ~ PA~E -1- Chairman Olsen/~lfiestioned the clause. Donald Prattr~tated that the .~ code does havjy~ in it which that it' the cond!~n !_s~l,e.g~ at th/g time the law chan~"s to make it illegal e condition c as long asyi~ does. n~t_ get ~i/gg~r. Stated the in/t6nt of the ordinanc~ to improve th/~ quality/the neigh~foods.. ~//~_ _ ~ / Con)4nissioner St/fine stated that op.9~able" is already aj~rt of the or~' /ego in 7. f/rying to c~m/5/ffp~ with an c rdi~c,6 th.~t ;ill mak~ryone happy is pos ~ Chaiman.//91se~ feels the ord~tance still leaves [lr~ny questions un ,d. ~ Com ~ioner ~toae to.adopt the g code text a: wi! following // chart as outlined G, no five unit shall vehicl~ or trailers ~er m any, zonin on sit/~ longer th~ti'72 unles~ , or parked in 54,arage or trpo/ff in a lawful/mann Secon/ffed by fission ,nson. Ques~i6ncalled: B rd~..no I- a,,cock/,/no; Adams, ye~, St_one, yes; Robinso yes; Olsen, rig(. Tie vote, no fiction can be/faken on a fie y6te. Item stands as n~ ommendatimi'. / ~~ i Dis~~oilowed ~~~-Co .mm. i~ ~~, /~ /~ B/~m~, states, at if the i:sue~.' nk vehicles,/~ let s attack/j/~ vehicles./// _ / /Comm!ss!oner~tone moved ~ a.dopt th_e_ s~m_e~ motion a s~ond time. p°,g4conded b/y/ R°bins°n'Vs;Olsen'n 'yd'n°'_ ev°te' f _/ f'- Chairman Olsen recommended that this issue be passed/6nto Council wi~ no recom~dendatioh. PUBLIC HEARING #2-ZONING ORDINANCE TEXT AND MAP AMENDMENT Chairman Olsen stated that this was adoption and application of proposed Health Care (HC) and Shoreline Mixed Use (SMU) zones in the Harrison district. Ron Hough, Planning Manager, presented the staff report. In September, 1996, the Bremerton City Council adopted the Harrison District Plan as an amendment to the City's Comprehensive Plan. Within the Plan, and adopted in concept, were recommendations for two new zones, Health Care (HC) and Shoreline Mixed Use (SMU). Activation of these new zones requires formal amendments to the text of the Zoning Ordinance and to the Official Zoning Map of the City. The role of the Planning Commission in this process is to review the staff proposals in PAGE -2- detail, conduct a public hearing, consider any public input that's offered, and make recommendations to the City Council. The attached Exhibits "A', Health Care Zone; ~B", Shoreline Mixed Use zone; and 'C', Proposed Zoning Map of Harrison District; describe the zones as they were earlier discussed and eventually adopted in the Harrison Plan. The descriptions or applications of these zones may be adjusted as necessary to best meet the objectives of the Harrison Plan and interests of the community. Mary Swanson, 2503 Cherry Place, concerned about the level of traffic and parking on Cherry Place. Commissioner Robinson pointed out that Ms. Swanson should contact the Engineering Department regarding her parking issues. Commissioner Stone indicated that the zoning alone should help with the concerns expressed by Ms. Swanson. Mrs. Trimbull, resident, stated that many times the residents know nothing about issues until it is a done deal. Discussion followed regarding the pathway requirements. Commissioner Boyd moved that the Planning Commission recommend City Council adoption of the Health Care zone and the Shoreline Mixed Use zone, as described in Exhibits 'A' and 'B', as amendments to the Bremerton Zoning Ordinance. Seconded by Commissioner Hancock. Question called: Adams, yes; Stone, yes; Robinson, yes; Boyd, yes; Hancock, yes; Olsen, no. Motion passes. Chairman Olsen stated that he feels under C-development guidelines, #3 and #5 are incorrect. Commissioner Adams moved that the Planning Commission recommend City Council application of the HC and SMU zones to properties in the Harrison District, as shown on in Exhibit ',12', as an amendment to the Official Zoning Map. Seconded by Commissioner Stone. Question called. Stone, yes; Robinson, yes; Boyd, yes; Hancock, yes; Adams, yes; Olsen, abstain. Motion passes. Old 13usinessT' ~ ~ C~arlesto~Plan: R/nHoughstate~eyhadam~/~ngwith~inatten~ce. Good/ ~i~~ and in~ Plan is mo~ong ~cel~ ~ ~ ~ Pl~n~~~ ten~fi~y sc~duled ~Jan~ ~99~ Gi~ns ~mmuni~ AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING & ORDINANCE To amend Bremerton's Official Zoning Map for consistency with two 1996 Comprehensive Plan Amendments. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: February 26, 1997 DCD/Planning Ron W. Hough .Feb 21, 1997 2. CLEARANCES:/~ba~ecessary) City Attorne~._~,_~_, Dir. Comm. Dev. Operations Comm. ~~_~~'''- ENDORSEMENT~ ~_RMATION__ 3. EXHIBITS: ,/ Findings & Conclusions of the Planning Comm. Ordinance with exhibits Planning Commission Minutes COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: am During the summer of 1996, the City processed its annual docket of amendments to the Comprehensive Plan. Those amendments were approved and adopted by Ordinance ~4570 in September, 1996. Two of the amendments require adjustments to the City's Zoning Map to maintain Plan/Zoning consistency. The Planning Commission has processed those amendments, conducted a public hearing to accept public comments, and recommends City Council adoption. An ordinance has been prepared for the Council's consideration. RECOMMENDATION: City Council approval of the attached Ordinance on first reading. City Council passage of the Ordinance on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Donald L. Pratt 10. NOTICE OF ACTION: PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO: ~ 7'" 0 ¥ 5 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: These Zoning Map Amendments are intended to ensure consistency between the City's Comprehensive Plan and Zoning Map. At the present time, the zoning is in conflict with the Comprehensive Plan designations and needs to be corrected. Non-passage of one or more of these three proposed changes would suggest that the proposed zoning is not what was intended when the Comprehensive Plan was adopted. Non-passage would continue the existing conflict and possibly result in a further review and possible amendment of the Comprehensive Plan, or a different zoning proposal. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No anticipated impacts in these areas. 7. RESEARCH SOURCES: FINDINGS OF FACT CONCLUSIONS OF LAW of the Bremerton Planning Commission Zoning Map Amendments Prepared by: Ron W. Hough --- Dept. of Community Development --- 286 Fourth Street, Bremerton WA 98337 iNTRODUCTiON State law allows our Comprehensive Plan to be amended once each year. Our schedule calls for proposals to be gathered during the year and placed on a docket for processing as a package in the spring and summer months. The Planning Commission conducted hearings on the 1996 package of Plan Amendments during May and June, 1996. The following amendments required follow- up zoning adjustments: Arvon Park: Change zoning from "SF-3" to "PS". Sciepko Area: Change zoning from "IP" to "SF-I". Two other Plan Amendments will also eventually require zoning adjustments. These are: Harrison District Plan: Proposes two new zones (Shoreline Mixed Use and Health Care) that were approved in concept along with the Plan itself. Following Harrison Plan adoption, staff would fine-tune the zoning proposals and bring them through the approval process as Zoning Ordinance and Map Amendments. Pope Resources: Amendments the Comprehensive Plan and text of the Zoning Ordinance will allow the design of this PUD with Iow-density multi-unit townhouses which are now permitted in the DR zone. Specific master plan and zoning adjustments will be made through the PUD process later. The Bremerton Zoning Map may be amended at any time, but must be consistent with the Comprehensive Plan. The adjustments being proposed at this time originated as a Plan Amendment and is already directly consistent with the Plan and necessary to maintain Plan/Zone consistency. 1 FINDINGS OF FACT ARVON PARK --- see A. LOCATION: B. APPLICANT: C. LAND: D. LAND USE: E. COMP. PLAN: F. PROPOSAL: Exhibit "A' 1506 Arvon Street in West Bremerton. City of Bremerton A single quarter-acre lot within an established residential neighborhood. Vacant The Bremerton Comprehensive Plan was amended in 1996 to designate this site "P" (park). Rezone this lot from "Single-family (SF-3)" to "Parks & Schools (PS)" for consistency with the Comp. Plan. SCIEPKO AREA -- see Exhibit"B" A. LOCATION: B. APPLICANT: C. LAND: D. LAND USE: E. COMP. PLAN: An area along the south side of State Route 16 east of Gorst and south of Sinclair Inlet in the Anderson Creek area of Bremerton. City of Bremerton This proposal includes six parcels totaling approximately 17 acres. The area is relatively hilly and consists of steep slopes, unstable soils, and wooded areas. The area is mostly vacant with very few homes. The overall density is very Iow and the lots are much larger than the minimum lot size allowed by Bremerton zoning. The subject properties were recently annexed to the City of Bremerton along with adjacent industrial lands owned by Ron Sciepko. Although they were residential in character, they were included in a large industrial area on the Comprehensive Plan with the understanding that a further review would be conducted later. That review was done during the 1996 Comprehensive Plan Amendment process and the Plan was amended to place these smaller lots in the "Low Density Residential" category. F. PROPOSAL: Rezone these six lots from "Industrial Park (IP)" to "Single- family Residential (SF-1)". This zone is designed for large homesites in areas without public sewer service. The zone has a minimum lot size of 13,000 sq.ft, and will allow considerable opportunity for further residential development and the division of lands to smaller lot sizes. This proposal will ensure Plan/Zone consistency. CRITERIA FOR APPROVAL The criteria for approval of Rezones is contained in the "Administration" section of Bremerton Municipal Code, chapter 21.02 LAND USE. The following criteria are adequately met by these proposed rezones: Criterion #1: The rezones are substantively consistent with the Comprehensive Plan. Since these rezones were triggered by Plan Amendments, they are all now directly consistent with the Comprehensive Plan. Criterion #2: The rezones are necessary because (a) conditions in the immediate vicinity have changed markedly to require a rezone in the public interest; or (b) the Rezone will correct an inappropriate zone classification or boundary. The Arvon Park Plan Amendment and Rezone resulted from a new and unforeseen acquisition of a vacant lot on which to construct a neighborhood park. This is a significant change in circumstances and, since the "PS" zoning provides protection for this new park, the rezone is in the public interest. The Sciepko Area rezone will correct an inappropriate industrial zone classification that was imposed at the time of a recent annexation. Criterion #3: The rezone will not result in adverse environmental consequences. In both of these situations, the proposed zoning is less physically intense than the previous zoning, will allow less development, and will be more considerate of environmentally sensitive areas, particularly in the hillsides of the Sciepko area. Criterion ~f-4: The Rezones bear a substantial relation to the public interest because there is a need for the changes and that need will be served. The Arvon Park rezone is directly related to a park and recreation project that brought significant benefits to the neighborhood and is in the public interest. The Sciepko Area proposal is aimed at the most reasonable land use and development interests of the owners of properties in that area. The proposed change will apply a Iow-density residential zone to an area that is predominantly residential in character and will allow for further residential development as well. Criterion #5: Essential public facilities and services are presently available and adequate, or can be reasonably made available. A full range of urban public services are available to Arvon Park. Fewer urban services are available to the Sciepko Area properties. However, they are within the Urban Growth Area, inside the City, adjacent to a major transportation route (SR-16), and can expect to see higher levels of service become available in the future. In the meantime, the services are adequate to support the proposed SF- 1 zoning. CONCLUSIONS A. These areas were the subject of Comprehensive Plan Amendments in 1996. B. The proposed rezones required City approval of their related Comprehensive Plan Amendments, which has been done. C. The proposed rezones adequately meet the approval criteria. D. Approval of these rezones will maintain consistency between the Comprehensive Plan and Zoning Map, as required by State law. RECOMMENDATIONS The Bremerton Planning Commission conducted a public hearing on these proposed Zoning Amendments on June 18, 1996, and forwarded a recommendation to the City Council for approval of the following rezone proposals, as attached hereto: Exhibit "A" Arvon Park Change the park site from "Single-family Residential (SF-3)" to "Parks & 4 Schools (PS)". Exhibit "B" Sciepko Area Change from "Industrial Park (IP)" to "Single-family Residential (SF-1)". This recommendation was made by the Planning Commission and forwarded for City Council consideration on June 18, 1996. Donald L. Pratt, Director Department of Community Development Secretary to the Planning Commission BremYerton Planni'ng Co~ir~ission CPA:zonamnd.696 5 E~ibic "A" AR¥OH PARK--- Proposed Rezone Arrow indicates the area proposed to be changed from the current zoning of "Single-family Residential (SF-3)" to "Parks & Schools (PS)". NB -- SF-3 SF-3 PS 6 Exhibi~ "~' Sciepko Area --- Proposed Rezone Arrow indicates the area proposed to be changed from the current zoning of "Industrial Park (IP)" to "Single-family Residential (SF-1)". IP ORDINANCE NO. AN ORDINANCE revising the Official Zoning Map of the City of Bremerton, Washington. WHEREAS, the City of Bremerton adopted amendments to its Comprehensive Plan by passage of Ordinance No. 4570 in September, 1996; and WHEREAS, the Plan amendments resulted in a need to make two specific amendments to the Official Zoning Map to maintain consistency between the Comprehensive Plan and its implementing regulations, as required by the Growth Management Act; and WHEREAS, a public hearing was conducted by the Bremerton Planning Commission on June 18, 1996, to accept public input prior to making its formal recommendation to the City Council; and WHEREAS, the Bremerton City Council conducted a public hearing on February 26, 1997, to accept public comments pertaining to the proposed zoning amendments and considered the Planning Commission's recommendation; now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. follows: (a) The Official Zoning Map of the City of Bremerton is hereby amended as (b) The zoning of Arvon Park is changed from Single-family Residential (SF-3) to Parks & Schools (PS), as shown in Exhibit "A", attached hereto. The zoning of six lots in the Anderson Creek area east of Gorst is changed from Industrial Park (IP) to Single-family Residential (SF-1), as shown in Exhibit "B", attached hereto. APPROVED by the City Council on the first reading this day of ,1997. PASSED by the Bremerton City Council this ,1997. day of David Fart, President Bremerton City Council APPROVED this day of ,1997. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Published: Effective: 13-C:zma-2-96 PLA N N iNG COMMISSION MEETING MINUTES UNAPPROVED DRAFT December 17, 1996 Chairman Olsen called the meeting to order. Approval of the Agenda: No corrections. PUBLIC HEARING//1-VEHICLE STORAGE ON RESIDENTIAL LOTS Donald Pratt, Director of Community Development, presented the staff report. This is an ordinance that was first heard at the December 3rd meeting. The changes are a result from input at that meeting. The Mayor supports adding boats, increasing the number of vehicles to 5 and allowing uncontrolled parking tbr 3 days until the ordinance kicks in. The Mayor had no position on the following and will defer to the Commission's judgement: excluding carports and exempting large lots from the parking regulations. The Mayor opposes excluding inoperable vehicles, applying regulations to front yards only, and determining the number of vehicles allowable by the number of licensed drivers. Dan Zimsen, homeowner, concerned that this will be enforced by a vindictive neighbor and will not be enforced across the board. Morris Thompson, homeowner, concerned about commercial vehicles congesting the neighborhood. Feels that parking should be eliminated on one side of the street on the narrow streets. Bill Kamp, homeowner, concerned about what the real intentions of the city are with this ordinance. Feels that once the purpose is identified, it will be easier to draft a enforceable ordinance. Feels the current ordinance is intrusive on the residents and that parking is already an issue tbr th~' City and that this ordinance will force more vehicles onto the streets. Commissioner Robinson stated he could not support the ordinance as presented because as he reads it, it would allow for 10 to 11 cars on and off the street. Commissioner Adams stated she has to park in front of her home and has not had any problems. Less vehicles on the property might encourage car pooling. Commissioner Boyd feels that the ordinance is too simple for lite. Most people use their garages for storage. PAGE -1- Chairman Olsen questioned the Grandfather clause. Donald Pratt, stated that the zoning code does have the Grandfather clause in it which states that if the condition is legal at the time the law changes to make it illegal, the condition can continue as long as it doesn't get bigger. Stated the intent of the ordinance is to improve the residential quality of the neighborhoods. Commissioner Stone stated that 'operable" is already a part of the zoning code in Chapter 7. Trying to come up with an ordinance that will make everyone happy is impossible. Chairman Olsen feels the ordinance still leaves many questions unanswered. Commissioner Stone moved to adopt the zoning code text amendment, with the following changes as outlined in Item G, no more than five boats, motor vehicles, or trailers per dwelling unit shall be parked in any residential zoning district on site for longer than 72 hours unless stored or parked in a garage or carport in a lawful manner. Seconded by Commissioner Robinson. Question called: Boyd, no; Hancock, no; Adams, yes; Stone, yes; Robinson, yes; Olsen, no. Tie vote, no action can be taken on a tie vote. Item stands as no recommendation. Discussion tbllowed among the Commissioners. Bill Kamp, states that if the issue is junk vehicles, then let's attack junk vehicles. Commissioner Stone moved to adopt the same motion a second time. Seconded by Commissioner Robinson. Question called: Hancock, no; Adams, yes; Stone, yes; Robinson, yes; Olsen, no; Boyd, no. Tie vote. Chairman Olsen recommended that this issue be passed onto Council with no recommendation. PUBLIC HEARING #2-ZONING ORDINANCE TEXT AND MAP AMENDMENT Chairman Olsen stated that this was adoption and application of proposed Health Care (HC) and Shoreline Mixed Use (SMU) zones in the Harrison district. Ron Hough, Planning Manager, presented the staff report. In September, 1996, the Bremerton City Council adopted the Harrison District Plan as an amendment to the City's Comprehensive Plan. Within the Plan, and adopted in concept, were recommendations for two new zones, Health Care (HC) and Shoreline Mixed Use (SMU). Activation of these new zones requires formal amendments to the text of the Zoning Ordinance and to the Official Zoning Map of the City. The role of the Planning Commission in this process is to review the staff proposals in PAGE -2- detail, conduct a public hearing, consider any public input that's offered, and make recommendations to the City Council. The attached Exhibits "A", Health Care Zone; "B", Shoreline Mixed Use zone; and 'C', Proposed Zoning Map of Harrison District; describe the zones as they were earlier discussed and eventually adopted in the Harrison Plan. The descriptions or applications of these zones may be adjusted as necessary to best meet the objectives of the Harrison Plan and interests of the community. Mary Swanson, 2503 Cherry Place, concerned about the level of traffic and parking on Cherry Place. Commissioner Robinson pointed out that Ms. Swanson should contact the Engineering Department regarding her parking issues. Commissioner Stone indicated that the zoning alone should help with the concerns expressed by Ms. Swanson. Mrs. Trimbull, resident, stated that many times the residents know nothing about issues until it is a done deal. Discussion followed regarding the pathway requirements. Commissioner Boyd moved that the Planning Commission recommend City Council adoption of the Health Care zone and the Shoreline Mixed Use zone, as described in Exhibits 'A~ and 'B', as amendments to the Bremerton Zoning Ordinance. Seconded by Commissioner Hancock. Question called: Adams, yes; Stone, yes; Robinson, yes; Boyd, yes; Hancock, yes; Olsen, no. Motion passes. Chairman Olsen stated that he feels under C-development guidelines,//3 and//5 are incorrect. Commissioner Adams moved that the Planning Commission recommend City Council application of the HC and SMIJ zones to properties in the Harrison District, as shown on in Exhibit ~IC~, as an amendment to the Official Zoning Map. Seconded by Commissioner Stone. Question called. Stone, yes; Robinson, yes; Boyd, yes; Hancock, yes; Adams, yes; Olsen, abstain. Motion passes. Old Business: Charleston Plan: Ron Hough stated they had a meeting with 25 in attendance. Good discussion and input. Plan is moving along nicely. Planning Conference is tentatively scheduled for January 25, 1997 at the Givens Community Center. PAGE -3- Resolution regarding Planning Commission procedures. Type III meetings: Donald Pratt stated that the procedure is being reviewed by the City Attorney and there have been no comments back as of now. Commissioner Stone moved that the Resolution be passed subject to adding in the last paragraph a description of Type III decisions. Seconded by Commissioner Boyd. Question called: Stone, yes; Adams, yes; Hancock, yes; Boyd, yes; Robinson, yes; Olsen, yes. Motion passes. Resolution regarding Adjustment of commissioners' terms to reflect change from nine member commission to a seven member commission. Ms. Boyd's and Dingfield's term moves from expiring in 1998 to 1997. The resolution also allows for reappointment. Motion by Commissioner Stone for adoption and seconded by Commissioner Robinson. Question called. Adams, yes; Hancock, yes; Boyd, yes; Robinson, yes; Stone, yes; Olsen, yes. Motion passes. New Business - Election of Officers Chairman OIsen thanked everyone for their support during the past year. Chairman Olsen moved that Larry Stone be named Chair. Seconded by Commissioner Boyd. No further nominations. Approved unanimously. Commissioner Stone nominated Bill Robinson for Vice-Chair. No further nominations. Approved unanimously. Meeting Adjourned. Respectfully submitted, aibe]' ~ Approved: '" _ Wayne Olden, Chairm~