Loading...
HomeMy WebLinkAbout03/05/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MARCH 5, 1997 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA 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 19, 1997 #AB97-046 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. DUI Task Force Agreement B. Bid Award To Ace paving Company, Inc., For Gold Mountain Golf Course Complex Parking Area ~xpansion Project . A. Ordinance #4580 (Second Reading) Amending the Official Zoning Ordinance Text And Map By Adopting And Applying Two New Zones: "Health Care" and "Shoreline Mixed Use" Be Ordinance #4589 (Second Reading) Amending Bremerton's Official Zoning Map For Consistency With Two 1996 Comprehensive Plan Amendments Ce Ordinance (First Reading) Revisions To Bremerton Municipal Code Chapter 11 Regarding Hazardous Conditions On Sidewalks And Within The Right-Of-Way #AB97-047 tl #AB97-048 ~ ??_o3-o #AB97-044 2 #AB97-049 &~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES - FEBRUARY 19, t997 FOR AGENDA OF: MARCH 5, 1997 ORIGINATING DEPT: City Council ORIGINATOR: David Farr~ President DATE SUBMITTED: 2-24-97 2. CLEARanCES.: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION MAYOR __ APPROVED BY COUNCIL. ~R~SIDENT~FOR SUBMITTAL: 4. SU~RY .STATEMENT AlqD R~QUIREMENT ?OR'COUNCIL ACTION: 8. RECOMZMENDATION: 9. RESPONSIBLE OFFICi~: ENFORCEMENT OFF!CI~_L: EXPIRATION DATE:- REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AiM. ENDED DATE: TAPE #1442 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES FEBRUARY 19t 1997 #0016 #0042 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 19, 1997, at 5:30 P.M., with Council Vice President Richard Neville presiding. Council members present were Bob Winters, Sherril Huff-Menees, Lon Overson, John Law. Council members A1 Colvin, Cecil McConnell, Carlos Montgomery and Council President David Fart were absent. Also present were City Attorney Ian Sievers and Acting City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council Vice President Richard Neville and Invocation given by Reverend Rodney Smith of the First Christian Church of Bremerton. CONSENT ~GEND~ A. Minutes of Meeting -- February 5, 1997 #AB97-032 M/S/C/U(Huff-Menees/Overson) to approve the Consent Agenda as presented. 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(Overson/Law) on February26, 1997, the Council does approve for payment those vouchers included and further described as follows: 206021, and 206022 through 206182 in the amount of $358,156.15; and Regular Payroll for the period ending 2-15-97, in the amount of $677,484.47. Vice President Neville announced Council members David Farr, A1 Colvin, Cecil McConnell, and Carlos Montgomery were absent from the meeting due to their attending the Association Of Washington Cities Legislative Conference in Olympia. COUNCIL MEMBER REPORTS Mr. Winters announced he would hold a meeting on February 24, 1997, 7:30 P.M., in the Council Conference Room, to discuss the issue of Telecommunications. He emphasized this meeting is open to anyone interested in learning more about this subject. He noted after the February 12 City Council meeting, Council held a Study Session to discuss the formation of an Ad Hoc Council Advisory Committee on Telecommunications. At that meeting, he referenced minutes of a TAPE #1442 City Council Reg. Mtg. Minutes February 19, 1997 Page 2 of 9 July 8, 1996, Cable Advisory Committee where he posed the question to former Councilman Russ Johnson, a member of that committee, what was the purpose of the committee? Mr. Johnson's response was "to keep the Council interested in access so that the community would not give up their rights to three channels allocated." At that time, Mr. Johnson also acknowledged it was Mr. Winters' suggestion that it might be appropriate to forman Ad Hoc Committee to explore the variety of communication technologies, not just access issues. Based on that information, Mr. Winters felt it was important to bring the issue of telecommunications before the public so that they could obtain information and to inform the City Council. Today, he and several members of the Administration attended a down-linked workshop originating in Kentucky that discussed the Telecommunications Act. He noted the Bremerton was the only city in the State of Washington to be part of the down-link for that presentation. He thanked the Mayor and staff members for attending that workshop where they spent five hours learning the potential of what it will take to organize and implement the new Telecommunications law the right way. Mr. Law reported on the District #3 Neighborhood meeting held on February 18, and expressed his appreciation for the input he received from those attending that meeting. He will use their advice for future votes and discussion points. Mr. Neville announced to residents located around the Smith Playfield that the City's Parks Department and Puget Power will be removing four trees at the corner of 13th and Elizabeth. The identified trees have been determined potentially hazardous to the power lines, and there are plans for replanting in the Spring. He announced it was with regret that he would not be attending Councilman Colvin's District 1 Neighborhood Meeting on February20. MAYOR'S REPORT Mayor Lynn Horton reported she made two trips to Olympia this week to testify at Legislative hearings concerning issues that are important to the City of Bremerton. The first hearing was held on February 13, where she testified before the Senate Transportation Committee on the Transportation budget. As it stands now, the second passenger-only ferry that Bremerton hoped to get has been pulled from the budget. She pointed out to the Committee that along with the State's money, they also took the three million dollars Bremerton had in ISTEA funds, which was diverted from the Gorst-Bremerton connector project, for this ferry. She is optimistic that the State will return the three million dollars, if the budget does not pass. The Committee indicated if there is a need, such as the second passenger-only ferry, it would be funded through a gas tax increase. Mayor Horton did not know if that 3 TAPE #1442 City Council Reg. Mtg. Minutes February 19, 1997 Page 3 of 9 would be well received by the public, but if there is no gas tax increase, Bremerton will pursue getting the second passenger-only boat some other way. On February 17 she testified for a bill entitled Urban Stabilization Bill, which is a Washington State version of tax increment financing that other States offer. When a project comes on line, the increased taxation funds caused directly as a result of that project (such as Sinclair landing), can be used at the State and local level for infrastructure improvements. The State level sum is being capped at 30 million dollars across the State, with no one project being able to take out more than 5 million dollars. And, 5 million dollars debt service on an annual basis of 5 million dollars equates to about 50 million dollars in projects. There is interest on the part of the Senate to see something like this passed; however, the Chair of the House Finance Committee is opposed to the issue at this point, but effort is being made to overcome that obstacle. This proposal could mean some real advantages for the City and for all communities that are trying to bring projects on line that need infrastructure improvements in order to get the projects underway. Those tax dollars are new, and relate directly to a specific project. Other states have been very successful in financing economic development projects as a result of this kind of mechanism, and only relies on State Sales Tax and B&O Tax, not on property taxes because the State Constitution ties up property tax for education only. She will keep Council posted on these issues. PUBLIC RECOGNITION Roy M¢Innis, Bremerton resident, pointed out he has regularly attended City Council meetings for about 13 years and this was the first time he came with a prepared statement to address his concern over the "3-minutes time limit" imposed by the Council. Many of the citizens of Bremerton have voiced their concerns to him about certain people using 5-7 minutes to talk on a subject and not be reminded of the 3-minute rule, such as in the case of Mr. Camp, yet others are asked to limit their comments to the shorter time. Members of the public have indicated there may be another reason for Mr. Camp's lengthy speaking and that is free campaigning for future use, which is not impressive to Mr. McInnis. After viewing the last Council meeting live on Channel 12, he felt it was not fair to the viewing audience or to the Council to have someone ramble on. Mr. McInnis stressed if it becomes necessary, he would like to see Council bring back the buzzer time clock so that speakers will know when their time is up. Bob Jaenicke, Bremerton resident, stated he viewed the previous Council meeting on Channel 12 and became distressed the more he watched. He referenced Councilman Montgomery's comment made at the previous Council meeting about his being upset because someone misquoted him. Later in that same meeting Mr. Montgomery commented TAPE #1442 City Council Reg. Mtg. Minutes February 19, 1997 Page 4 of 9 that he was kind of hard of hearing. Mr. Jaenicke felt that goes along with everything else, after watching the previous Council meeting where the Council swiftly moved to take final action on an agenda item immediately after Mr. Camp concluded his comments by asking them to give consideration to his comments. He viewed Council's action as being arrogant toward taxpayers, and what it costs them to live in Bremerton. Pastor Danny Allen, Grace Pentecostal Church, stated he produced community access television with Bremerton Community Access Television (BCAT) for about 3 years, and in his opinion the transition from BCAT to Westsound Cable Access Television wasn't very smooth. As a producer, it caused him to cancel his television program. He will no longer have a part of the politics being played with the Westsound group. He produced 88 30-minute programs, and is grateful to the City for having that opportunity. As a citizen of Bremerton, he is concerned that a local business, owned and operated by Councilman Winters on Pacific Avenue, sells tobacco related products, one of which he displayed. Pastor Allen personally talked with drug addicts, who told him people don't smoke tobacco out of that kind of instrument, and is generally used for smoking marijuana. Although it may not be illegal to sell tobacco related products, he felt it was immoral and asked the Council to "houseclean". He stressed the fact we are trying to teach our children that drugs are wrong and encourage them to abstain from using drugs. He believes if there is a City Council member who sells tobacco related products that are used to smoke marijuana, it creates a problem for the citizens of Bremerton. He asked Councilman Winters to resign his position as Councilman. H. Emily Mosha¥, Bremerton resident, stated she was saddened to hear Pastor Danny Allen will no longer produce his show because it was a benefit to the community. As a representative of the Literacy Council of Kitsap County, she announced MISS AMERICA will come to Bremerton on March 1, at the Admiral Theater. Tickets for this event are available through the Literacy Council Office, 612 5th Street, for $50.00, which includes a Patrons Semi-Formal Social at 6:30 P.M. and seating for the 7:30 P.M. program. Tickets are $10.00 and $15.00 for just the 7:30 P.M. program. 7A - DESIGN OF RODGERS STREET STORM DP~a!NAGE -- PROFESSIONS?, SERVICES AGREEMENT WITH WARNER ENGINEERINGt ~AB97-03~ Qualifications of seven consultants from the City's consultant roster were reviewed and evaluated for this project. Warner Engineering was identified as having a demonstrated ability in planning and design of storm drainage systems, sewers and streets, and was familiar with issues related to the water system. The scope of work includes predesign evaluations, design, and construction services for storm drainage, sanitary sewer, and 5 #0914 TAPE #1442 city Council Reg. Mtg. Minutes February 19, 1997 Page 5 of 9 preliminary street plan for Rodgers Street between Kean Street and Auto Center Way. The consultant's fee for this work is $73,900. The action before the City Council is approval of an agreement for professional services with Warner Engineering. Tim Richard, Senior Engineer, stated the primary purpose of this project is to provide storm drain improvements to prevent flooding that has occurred at Rogers Street and Kean Street. The scope of work will also include the evaluation of the sewer in that street- to determine if any upgrades are necessary, and to do the 30% design of the street improvements in order to identify the right- of-way needs. The total scope of work on the storm drainage side is a significant analysis of the storm drainage including downstream to make sure that any improvements made will be adequate to convey water out of that basin. The scope of work includes all the analysis of stormwater sewer and sanitary sewer, the design work, preparation of construction documents and support to staff during construction. City staff will administer the construction of this Project. Public comment - none. Mr. Overson asked if there was anything in Werner Engineering's background that makes them the best candidate for the contract? Mr. Richard explained they are a smaller firm, located in Gig Harbor. The City has worked with them before, and they have also completed a number of projects for the Bremerton School District. Gary Werner has many years of experience (15+ years) and demonstrated strength in designing storm drainage systems and conducting analysis. This firm also has a number of Engineering staff members as well as technical support. Mr. Owerscn pointed out opposed to normal projects like this, the consultant will handoff the details to City staff, who will manage construction. He asked if Mr. Richard would be the person providing the construction management? Mr. Richard explained normally the City handles all construction management other than for the Wastewater Treatment Plant. He noted the City would also be handling the construction management on two other projects also on Council's Agenda. M/S/C/U(Overson/Huff-Menees) to approve a professional services agreement for design of Rodgers Street Storm Drainage Project with Warner Engineering in the amount of $73,900, and authorize the Mayor to execute the same. 7B - DESIGN OF WEST 650 WATER PRESSURE ZONE -- PROFESSIONAL SERVICES AGREEMENT WITH KCM, INC., ~AB97-034 Qualifications of five consultants from the City's consultant roster were reviewed and evaluated for the design of a new water #1031 TAPE #1442 city Council Reg. Mtg. Minutes February 19, 1997 Page 6 of 9 pressure zone. KCM, Inc. was identified as having a demonstrated ability in planning and design of water distribution facilities to meet the criteria established by the City, the State Department of Health, and other State and Federal agencies. In addition, KCM, Inc. has previously provided design consultant service to the city and is familiar with issues related to the water system. The scope of work includes predesign evaluations, design, and construction services for a new water pressure zone. The ~on~ultant's fee for this work is $224,800. The action before the city Council is approval of an agreement for professional services with KCM, Inc. Tim Richa=d, Senior Engineer, stated this project is for the design of West 650 Water pressure Zone, which will serve the area upper areas of Werner Road that are zoned Industrial or Commercial. This project was also included as the match for an EDA Grant that the City is ranked #1 for this region for funding. The design includes a pump station, transmission main and reservoir that would provide the backbone of the system for the subject area. The specific design services include preliminary design and route selection work, GEO technical investigation surveying, and final design, including the pump station, transmission main and reservoir. The contract does include some support during construction and City staff will administer construction of this project. Public comment - none. M/S/C/U(Overson/Winters) to approve a professional services agreement for design of West 650 Water Zone with KCM, Inc. in the amount of $224,800, and authorize the Mayor to execute the same. 7C - DESIGN OF WEST 540 WATER PRESSURE ZONE -- PROFESSIONAL SERVICES AGREEMENT WITH KCM, INC., ~AB97-035 Qualifications of five consultants from the City's consultant roster were reviewed and evaluated for the design of a new water pressure zone. KCM, Inc. was identified as having a demonstrated ability in planning and design of water distribution facilities to meet the criteria established by the City, the State Department of Health, and other State and Federal agencies. In addition, KCM, Inc. has previously provided design consultant service to the city and is familiar with issues related to the water system. The scope of work includes predesign evaluations, design, and construction services for a new water pressure zone. The consultant's fee for this work is $203,100. The action before the City Council is approval of an agreement for professional services with KCM, Inc. Tim Richard, Senior Engineer, stated these professional services are identical in scope to the 650 Water pressure Zone and one of the reasons KCM was chosen to design both projects was not only their ability but that it would be more cost effective to provide #1138 TAPE #1442 city Council Reg. Mtg. Minutes February 19, 1997 Page 7 of 9 two almost identical designs rather than hiring two consultants. This pressure zone is located within the City's water service area that is bounded by Anderson Hill Road, Old Clifton Road to the south, Sunnyslope Water District to the west and to the south of Highway 16 south of Gorst. Even though this area is within the City's water service area, it is not possible to service it with water because there is not a reservoir/transmission system available to that area. Public comment - none. M/S/C/U(Law/Huff-Menees) to approve a professional services agreement for design of West 540 Water Zone with KCM, Inc. in the amount of $203,100, and authorize the Mayor to execute the same. 7D - PROFESSIONAL SERVICES AGREEMENT WITH BROWN & Can~WELL FOR WATER REUSE STUDYr ~AB97-056 A Scope of Work with Brown & Caldwell has been negotiated to provide an evaluation of water reuse for Bremerton. Potential reuse projects will be identified and cost estimates and non- economic assessments will be evaluated. Possible uses include irrigation and industrial use. Alternatives for treating and conveying the reclaimed water will be identified. Total fees under this progressional services agreement shall not exceed sixty-nine thousand dollars ($69,000). Kathleen Caha11, Water Resources Manager, explained water reuse is when effluent is taken from the Wastewater Treatment Plant and further treated so it can be used for other uses rather than discharged out into the Sound. Water reuse is a concept that is more common in more arid parts of the country, but is getting more attention in the northwest. Water reuse is good for the water system because it is like finding a new source of water and it is good for the wastewater system because it reduces the amount of effluent discharged into Sinclair Inlet. This contract will evaluate the potential re-use projects for Bremerton, and identify which projects should be pursued further. Roy McGinnis, referred to the Professional Services Agreement where it states the contract will "commence on January 20, 1997". He questioned why we were hearing this issue now, since that date has passed. Ms. Cabal1 stated this proposal was ready to go forward about 3-4 weeks ago; however, there was concern about the insurance and liability language that needed to be worked out before they could proceed with the contract. Ms. Huff-Menees stated this issue is important to the City and there is tremendous potential use, if we are able to re-use water. #1288 TAPE #1442 City Council Reg. Mtg. Minutes February 19, 1997 Page 8 of 9 M/S/C/U(Huff-Menees/Winters) to approve the professional services agreement and authorize the Mayor to sign, subject to City administrative policies and procedures. Total fees shall not exceed $69,000. 8A - RESOLUTION NO. 2585 RE~ARDIN~ ONE-WAY STREETS -- SMITH COVE NEIGHBORHOOD, %AB97-037 The City has met with the various neighborhoods over the last several months to discuss parking and travel issues effecting the residents. From these meetings, the residents in the Smith Cove area requested establishment of a one-way street system. The Engineering Division staff concur with this request. The recommended changes are: North of llth Street, the following streets will have there direction of travel limited to northbound only -- McKenzie Avenue and Highland Avenue up to 13th Street. North of llth Street, the following streets will have there direction of travel limited to southbound only -- Cogean Avenue and Pleasant Avenue from 13th Street to llth Street Place. llth Street Place will be one-way westbound. The attached Resolution No. 2585 establishes the one-way street pattern. Mark Souza, Senior Engineer, stated this Resolution was presented after meetings with the public dealing with the planting strip and other parking issues. During these discussions, possible one-way streets were mentioned. Sketches were made of possibilities they thought would work the best, which were then shown to citizens by even going door to door, and the overwhelming feedback was positive. The streets in the subject area are very narrow - 25 feet wide, except for Pleasant Avenue, which is only 23 feet wide. Elizabeth Buell asked Mr. Souza to speak slower because she had a hard time following him. Mr. Overson expressed his appreciation of the work Mr. Souza has put in on this project, including his contact with the public soliciting their comments and concerns. He agrees that this proposal is the best solution to the problem. Mr. Winters, on behalf of the citizens from District #9, thanked Mr. Souza for his services. He questioned if signatures from approving citizens were obtained? Mr. Souza explained a staff member was sent around to each house with door knocker signs announcing the meeting topic and date. A total of three meetings were held, and although not many citizens attended, a lot of face to face contact was made while distributing the notices. He #1557 TAPE #1442 city Council Reg. Mtg. Minutes February 19, 1997 Page 9 of 9 estimated approximately 80 contacts were made. M/S/C/U(Huff-Menees/Overson) to adopt Resolution No. 2585, declaring that portions of Highland, Pleasant, Pacific, Cogean, and McKenzie Avenues be one-way highways (Smith Cove area). Mr. Law joined Mr. Winters in thanking Mr. Souza on behalf of the citizens from District #3. His efforts were appreciated, and he was wished success in all his future plans. Mr. Souza thanked Councilman Law and stated it has been his pleasure to work for the City of Bremerton. Vi~e Presi4ent Neville stated the sentiments were truly a "two-way" street! Vi~e President Fart thanked the TV camera crew for their services: Rob Rupe, James Noble, and all other volunteers involved. With no further business meeting adjourned at 6:22 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 ~:DUI Task Force Agreement FOR AGENDA OF: 3-5-97 ORIGINATING DEPT: Police ORIGINATOR: Chief Du Fresne DATE SUBMITTED: 2-21-97 2. ~3a~: (comment an back ~~a r y) City Attorney ' o See Attached Agreement ENDORSEMENT X/ INFORMATION = OR APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~~~ 4. SUMY~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The County Prosecutors Office has revised this Agreement and requires that it be re-approved for this year. 8. RECOMMENDATION: Request Council approval for the Mayor to execute this agreement. RESPONSIBLE OFFICI3LL: Chief Du Fresn9 ENFORCEMENT OFFICIAL: Chief Du Fresne EXPIRATION DATE: 12-31-97 REVIEW DATE: 12-97 PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: iD 11. AGENDA BILL NO: t! KITSAP COUNTY PROSECUTING ATTORNEY Russell D. ,.uge. Prosecuting A,orney ~ ~ /~z~~ ~ Kitsap County Courthouse, 614 Division Street, MS-35A , ~ ' 95-4992 Port Orchard, Waahington 98366-4676 ,0..j~.a/~ ~ ~ ~ Fax (360)876-7083 February 10, 1997 Chief John R. Sutton Bainbridge Island Police Department 625 Winslow Way East Bainbridge Island, WA 98110 Chief Paul Du Fresne Bremerton Police Department 239 4th Street Bremerton, WA 98337 Chief Joseph L. Matthews Port Orchard Police Department 546 Bay Street Port Orchard, WA 98366 Chief JeffDoran Poulsbo Police Department P.O. Box 98 Poulsbo, WA 98370 SheriffPatrick L. Jones Kitsap County Sheriff's Office 614 Division Street MS-37 Port Orchard, WA 98366 Ms. Lynn Drake Bremerton/Kitsap DUI Task Force 247 4th Street Bremerton, WA 98337 RE: DUI TASK FORCE AGREEMENT Dear Interested Parties: Following my last correspondence of January 31, 1997, I have not received any further response from you regarding the changes which have been proposed. Hence, I am concluding that there are no other suggestions or changes needed. Therefore, I ask that you submit the draft issued to you on January 31, 1997, as the final document for signature by your respective governing agencies and police chiefs. Please feel free to give me a call. Very truly yours, RUSSELL D. HAUGE LEILA MILLS Deputy Prosecuting Attorney LM: awa DUI TASK FORCE MUTUAL Am AGREEMENT AND INTERLOCAL AGREEMENT WHEREAS, an entity known as the Bremerton-Kitsap County DUI Task Force has been created for the purpose of targeting, apprehending and successfully prosecuting individuals guilty of traffic infractions and offenses in general, and DUI's in particular; and WHEREAS, it is the desire of various law enforcement agencies within Kitsap County to participate in such Task Force; and WHEREAS, multi-agency participation in such a Task Force is possible by virtue of the Washington Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCW and the Inteflocal Cooperation Act set forth in Chapter 39.34 RCW; NOW, THEREFORE, it is mutually agreed as follows: Section 1: Duration. This Agreement shall be in effect for a period of two years from its effective date of December 15, 1996. Section 2: Scope. Parties to this Agreement will each provide law enforcement personnel for the apprehension of suspected DUI offenders, and the enforcement of DUI laws within targeted areas as set forth in Attachment 1. The targeted areas at any particular time during the term of the agreement shall be determined by the joint administrative board. Section :5: Purpose. The purpose of this Agreement shall be the apprehension and successful prosecution of individuals guilty of traffic infractions and offenses in general, and DUI's in particular within specifically targeted areas of Kitsap County. Section 4: Financing. Each participating agency shall bear the financial responsibility for such of its employees as participate in the Task Force, including but not limited to salary, benefits and worker's compensation insurance. Section 5: Termination. This Agreement shall automatically terminate two (2) years from its effective date unless an earlier termination date is agreed upon in writing by all parties. Section 6: Administration. This Agreement shall be administered by a joint board comprised of the Kitsap County Sheriff and the Chiefs of Police for the cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo, or their respective delegates. Section 7: Operati0n$, Task Force operations shall be coordinated by a Kitsap County Sheriff's Department employee holding a rank of sergeant or higher. Provided that the coordination provided by Kitsap County shall not be considered an allocation of liability under RCW 10.93.040, nor that the Task Force is acting under the direction and control of Kitsap County. Page 1 of 6 Section 8: Use of Property. Each agency shall be responsible for its own property used during the term of this Agreement and any property acquired by an agency during the term of this Agreement shall remain with the agency upon termination of the Agreement. Section 9: Coordination. The Task Force Coordinator shall be responsible for coordinating Task Force related communications between participating agencies. Section 10: Participating Agencies: A list of the agencies which will be participating in the Bremerton-I<itsap County Task Force is attached here£o as Attachment 2. Such List of Authorized Agencies may be modified fi.om time to time to add or delete agencies. Each participating agency shall maintain a current List of Authorized Agencies on file together with a copy of this agreement. Section 11: Filing. A copy of this agreement shall be filed with the Kitsap County Auditor. Section 12: Consent. The undersigned hereby individually consent to the full exercise of peace officer powers within their respective jurisdictions by any and all properly certificated or exempted officers engaged in any operation of the Bremerton-Kitsap County Task Force. Each such consent shall be valid during the tenure of the responsive undersigned individuals. Section 13: Responsibility: The consents given in Section 10 above are not intended to reallocate, under RCW 10.93.040, the responsibility of the participating agencies for the acts or omissions of their officers. DATED this day of ,1997. DATED this ~ day of ,1997. SHERIFF PATRICK L. JONES Kitsap County Sheriff's Office Clqlg~F JOHN K SUTTON Bainbridge Island Police Department DATED this __ day of ,1997. DATED this __ day of ,1997. CI41RF PAUL DU FRESNE Bremerton Police Department CIqlF. F JOSEPH L. MATHEWS Port Orchard Police Department DATED this ~ day of ,1997. CI-II~F JEFF DORAN Poulsbo Police Department Page 2 of 6 Approved this day of , 1997. CITY OF BAINBRIDGE ISLAND ATTEST: MAYOR JANET K. WEST Bainbridge Island, Washington SUSAN KASPER, CITY CLERK Page 3 of 6 Approved this day of , 1997. CITY OF BREMERTON LYNN HORTON, Mayor APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney ATTEST: KATHLEEN L. McCLUSKEY, CITY CLERK Page 4 of 6 Approved this __ day of ,1997. CITY OF PORT ORCHARD Approved as to form this __ MAYOR LESLIE J. WEATI-IERILL Port Orchard~ Washington day of ,1997. ATTEST: CITY ATTORNEY Port Orchard, Washington PATRICIA PARKS, CITY CLERK Page 5 of 6 Approved this __ day of · 1997. CITY OF POULSBO ATTEST: MAYOR RICHARD MITCHUSSON Poulsbo, Washington KAROL JONES, CITY CLERK Page 6 of 6 Purpose: Ae Co DUI TASK FORCE EMPHASIS PATROL OPERATIONAL GUIDEL~S The DUI Task Force Emphasis Patrol is committed to the prevention of alcohol and other drug-impaired driving through coordinated, multi-agency deterrence. . OBJECTIVES 1. To reduce the incidence and prevalence of alcohol and other drug-impaired driving in Kitsap County. 2. To increase law enforcement manpower to maximum levels in high-traffic, high- DUI arrest & collision areas. 3. To increase public attention to the risks of DUI and increase public perception of risk for DUI arrest. 4. To focus media attention on the prevalence of DUI and the coordinated efforts to prevent knpaked driving. 5. To enhance communication and cooperation among law enforcement agencies in Kitsap County. SELECTION OF OFFICERS 1. Each participating agency will be asked to provide at least one officer for each Emphasis Patrol. Agencies with restricted jurisdiction will be asked to offer an equivalent, alternative level of participation. 2. All participating officers must have completed the basic state academy. 3. Participating agencies will be encouraged to assign highly-motivated officers who have high numbers &DUI arrests. SUPERVISION 1. A first level supervisor will be required from agencies where major emphasis occurs. 2. The supervisor(s) will work the entire Emphasis patrol shift and will have overall responsibility for the assigned officer. Attachment- 1 BAC o The supervisor(s) will field all questions and complaints concerning the Emphasis Patrol. All citizen complaints will be forwarded to the parent agency of any officer involved in the complaint. The supervisor(s) will have the sole authority to return an officer to Ns/her agency as a result of inappropriate behavior. o Officers assigned to the Emphasis Patrol ~ be expected to follow their parent agency's polices with regard to pursuit and arrest procedures and all other matters of professional conduct. However, officers will also be expected to follow the direction of the Emphasis Patrol supervisor(s). OFFICER RESPONSIBII,1TY Officers will work their assigned areas according to the guidelines provide by the supervisor(s), focusing on detection and apprehension of impaired drivers. When an arrest is made, the arrestee will be taken to the nearest participating Verifier facility for processing or to the Kitsap County Jail. Officers will follow their parent agency guidelines for report wdting. Unless otherwise required by an officer's parent agency, each arrest will be filed in the jurisdiction of the arrest. At the end of each Emphasis Patrol shi~, each officer will provide the supervisor(s) with an account of their activity for that shift using the activity log form provided. o Emphasis Patrol officers will be responsible for one another's safety and will be expected to provide back-up and cover for one another. o Officers will respond to traffic accidents to provide assistance and traffic control. If an accident is alcohol-related, the Emphasis Patrol officer will investigate and make any arrests or citations as necessary. If alcohol is not involved, investigation will be left to the appropriate regular duty officer(s). Coffee and lunch breaks will be provided, however, these breaks will be restricted to no more than three marked units together at one time. o If citizens inquire as to the presence of an outside agency officer in the emphasis area, officers will explain their role in the DUI Task Force Emphasis Patrol. Attachment- 1 TARGET AREAS AND DEPLOYMENT The Emphasis Patrol will be assigned to target areas based on intelligence information fi-om participating agencies, DUI arrest and collision data, and discussions of the DUI Task Force Enforcement Committee. The target areas will be assigned by rotatio, n so that each participating agency's jurisdiction is included, unless a higher priority target is identified by the Enforcement Committee. Deployment of officers will be the responsibility of supervisor(s). Each officer will be provided with a map of the target area and briefing information. COMMUNICATIONS All Emphasis Patrol communications will be on the LERN (Law Enforcement Radio Network) frequency. Requests for data or impound will be made through the appropriate dispatch agency. GENERAL POLICIES No arrestee will be released to their own custody. Unless booked into jail, arrestees will only be released to a responsible, sober person or transported home. Arrestees who are combative or otherwise uncooperative will be taken to the Kitsap County jail. Booldng of such arrestees will be left to the discretion of the officer based on his/her parent agency policies. Every attempt should be made to have vehicles removed from the roadway. If there is concern that the vehicle may be a hazard, the supervisor(s) will make an impound order, if necessary. Attachment- 1 LIST OF AGENCIES AUTHORIZED TO EXERCISE POLICE OFFICER POWERS WH-EN PARTICIPATING IN THE DUI TASK FORCE EMPHASIS PATROI, Bainbridge Island Police Department Bremerton Police Depgrtment Kitsap County Sheriff's Office Port Orchard Police Department Poulsbo Police Department Washington State Patrol LIST OF AGENCIES PARTICIPATING IN TH-E DUI TASK FORCE EMPHASIS PATROL Bainbridge Island Police Department Bremerton Police Department Kitsap County Sheriff's Office NUWES Keyport Police Department Port Gamble S'Klallarn Tribal Police Port Orchard Police Department Poulsbo Police Department PSNS Police Department Shore Patrol SUBASE Bangor Police Department Suquamish Tribal Police Washington State Liquor Control Board Washington State Patrol Attachment - 2 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Bid Award Gold Mountain Golf Complex Parking Area Expansion Project FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: March 5, 1997 Public Works & Utilities Daniel Miller, Project Mgr February 24, 1997 2. CLEARANCES: (Comment on b~cl~ if~ary) Director PW&U Director Parks & Rec. City Treasurer Purchasing Supervisor City Attorney Fiscal & Budget Comm. Operations Committee 3. EXHIBITS: · Bid Opening List · Budget Adjustment Request No. 97-2 -Sources & Uses of Funds ENDORSEMENT ~/ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION' Bids were opened on Thursday, February 20, 1997, for the Gold Mountain Golf Complex Parking Area Expansion Project. Eight (8) bids were received for this project. (See attached Bid Opening List.) The low bidder was Ace Paving Co., Inc. from Bremerton, WA for the base bid amount of $238,995.00. (Total contract amount, including Washington State Sales Tax, is $258,354.) 8. RECOMMENDATION: There are two (2) motions before City Council: Motion No. 1: Approval to award this contract to Ace Paving Co., Inc. in the amount of $238,995.00, and that, if approved, the City Council authorize the Mayor to execute the same, subject to City administrative policies and procedures; and Motion No. 2: The approval of the attached Budget Adjustment that authorizes the expenditure of dollars from the Enterprise Fund 407 in the amount of $400,000 in support of the Parking Area Expansion ($310,000) and Cart Storage Facility ($90,000). (See PULLED TABLED attached Sources & Uses of Funds.) 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED DISAPPROVED Director Public Works & Utilities Project Manager N/A N/A AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: q7-oq- 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: Motion No. 1' The present Gold Mountain Golf Complex parking lot would not be expanded. The current lot is inadequate to support a 36-hole operation. Motion No. 2: Budget authority would not exist to accomplish either the Parking Area Expansion or the Cart Storage Facility. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMF, NT OR OTHER RESOURCES: Necessary staffing is available to oversee the construction. Thc year end cash value $494,736.00 in the Enterprise Fund 407 will be adjusted by $400,000.00 to allow expenditure authority for the two projects. 7. RESEARCH SOURCES: sk~970305_1.ab} Gold Mountain Golf Course Parking Area Expansion Bid Opening List, as submitted at 2:00 PM, Thursday, February 20, 1997 Business Base Bid ~ w/W.S.S.T.* 1. Ace Paving Co., Inc. APPARENT PO Box 4100 LOW BIDDER $238,995 $258,354 Bremerton, WA 98312 360-479-4200/fax-478-6018 2. Porter Brothers Construction, Inc. 22015 Marine View Dr. $264,995 $286,460 Des Moines, WA 98198 206-824-6950/fax-824-0424 3. Clements Brothers, Inc. PO Box 7964 $272,757 $294,850 Bonney Lake, WA 98390 206-852-0373/fax-862-3268 4. RV Associates, Inc. PO Box 650 $280,900 $303,853 Port Orchard, WA 98366 360-876-9767/fax-876-9760 5. Westmark Excavating, Inc. PO Box 39 $304,000 $328,624 Sumner, WA 98390 206-862-8564/fax-845-0277 6. Olsen's Land Development, Inc. 7425 Sidney Rd., SW $309,918.35 $335,022 Port Orchard, WA 98366 360-876-9721/fax-876-9721 7. Allen Shearer Trucking & Landscape Supply PO Box 1938 $325,226.52 $351,570 Silverdale, WA 98383 360-373-7409/fax-373-1208 8. DLB Earthworks, Inc. PO Box 6307 $328,600 $355,217 Olympia, WA 98502 360-754-5788/fax-943-5868 * Washington State Sales Tax, in Kitsap County = 8.1% 0pae_bid.lst} Requesting Department: __ CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST GOLF COURSE FUND 407 NO. 97-2 SOURCE OF FUNDS: Description DECREASE: ENDING CASH Amount 400,000 (,Remaining Ending Cash = $94.736) NARRATIVE: USE OF FUNDS: Description Amount INCREASE: PARKING LOT EXPANSION CART STORAGE BUILDING 310,000 90.000 400,000 This adjustment provides for the construction of the parking lot expansion and the cart storage building at Gold Mountain Golf Complex. The projects were inadvertently left out of the original 1997 Budget. These two improvements will complete the course expansion which was begun in 1994. Depart ad Signature Treasurer Comments: Date Date /-~Recommended ~ Mayor Comments: Not Recommended Treasurer's Signatur~''--~ Date Recommended [~] Not Recommended Approved ~ Denied ~ 7~ Fiscal & Budget Committee Comments: Mayor's Signature Date ~ Recommended ~ [---1 Approved [--'-] Not Recommended Denied SHERRIL HUFF-MENEES 5' 2-25-97 Fiscal & Budget Committee Signature Date GOLD MOUNTAIN GOLF COMPLEX o=o PARKING AREA EXPANSION Enterprise Fund 407 CONSTRUCTION Sources of Funds uses of Funds (Ace Paving Company) W.S.S.T.at 8.1% $238,995 19,359 *Total Construction Contract Ancillary Expenditures Contingency Expenditures **Total Sources & Uses $ 310,000 $ 258,354 $ 25,811 $ 25,835 $ 310,000 o:* CART STORAGE FACILITY Enterprise Fund 407 Sources of Funds L uses of Funds CONSTRUCTION (Estimated Cost) W.S.S.T.at 8.1% *Total Estimated Construction Contract $65,000 5,265 Ancillary Expenditures (Estimated) Contingency Expenditures (Estimated) **Total Sources & Uses $ 90,000 $ 70,265 $ 12,708 $ 7,027 $ 90,000 Februa~ 27, 1996 .2? Resolution approving emergency purchase of pump drive for CE-4 BREMERTON CITY COUNCIL FOR AGENDA OF:March 5,1997 DEPT:Public Works & Util./~ ORIGINATING ORIGINATOR:I. Sievers, Cit~Att~.~ DATE SUBMITTED: March 5, 1997 ~. Gene Samp~ey, D~f]. Public on back if necessary) Works and Util. COUNCIL COMMITTEE Resolution Memo, Poppe ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTIOn: Despite continued efforts to troubleshoot problems with the control boards of the Variable Frequency Drive for pump assembly #1 at pump station CE-4, the drive has continued to fail. This leaves CE-4, located at the Boardwalk Park, vulnerable to overflows to the downtown waterfront area since it leaves only one reliable VFD/pump assembly. The resolution waives bid procedures based on an emergency situation and allows purchase of a new drive for Allan Bradley drive $25,000 that will be compatible with equipment being installed in other pump stations. 8. RECOMMENDATION: Approve resolution no. 2587 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 97-050 2. CLEARANCE COMMENT~: -- -- 5. IMPACT OF NON-PASSAGE: Increased risk of CSO in downtown waterfront area with delay for bid 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: Purchase is budgeted in $100,000 Capital Projects Budget 7. RESEARCH SOURCES: RESOLUTION NO. 2587 A RESOLUTION certifying an emergency, approving purchase of replacement pump drive assembly for Wastewater Pump Station CE-4 and waiving bid procedures. WHEREAS, a pump variable frequency drive has failed beyond repair at Wastewater Pump Station CE-4 on February 28, 1997; and WHEREAS, immediate replacement is necessary to ensure the ongoing reliability of Pump Station CE-4; and WHEREAS, budget currently exists in the Capital authorization within the Wastewater Fund to upgrade this pump assembly with current technology; and WHEREAS, estimates have been secured for an Allan Bradley VFD, a sole source needed to standardize pump station operations; now, therefore, BE IT RESOLVED by the City Council of the City of Bremerton: 1. That the failure of Pump Variable Frequency Drive at Pump Station CE-4 is certified as an emergency situation, needing immediate corrective action in response to the need for essential backup pumping capacity. 2. The emergency purchase of an Allan Bradley 1336 + VFD, is approved as necessary to address this emergency situation, and bid procedures of RCW 35.22.620(2) are waived. PASSED by the City Council of the City of Bremerton this day of , 1997. DAVID FARR Council President ~c OF B~ 3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 ° FAX (360) 478-5018 /O~ March 3, 1997 TO: FROM: SUBJECT: Bremerton City Council . n ~ John Poppe, Wastewater Manager~ ~rd~. Emergency Purchase for Pump Sta~on C~4 February 28, 1997 the variable frequency drive (VFD) controller failed for Pump Assembly #1 at pump station CE-4. This station is located at the new water front Boardwalk and serves the downtown area. This electrical control unit was installed in 1984 and has served the City well. Recent repair work and staff research has resulted in the following summary: 1. Increasing system control system failures has increased the potential for pump failure, resulting in overflows to the water front area. 2. Technical support is no longer provided by the manufacturer. 3. Repair parts have become difficult to obtain. 4. There is a six(6) to eight(8) week delivery of a new VFD unit. Therefore, I am requesting an emergency purchase authorization from the Bremerton City Council for the immediate purchase of a new,Allan Bradley VFD for $25,000. This unit is consistent ~ith our pump station upgrade activities and will be char~ed to our $100,000 1997 Budget for Capital Projects. Please~all me at 478-2322 should questions arise. ~~ ~ Equal Opportunity Employer AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: ~E'~RING-& ORDINANCE FOR AGENDA OF:. ~ amend the Official Zoning Ordinance text and ORIGINATING DEPT: map by adopting and applying two new zones: ORIGINATOR: "Health Care" and "Shoreline Mixed Use". DATE SUBMITTED: Feb. 26, 1997 DCD/Planninq Ron W. Hough Feb 21, 1997 City Attorney' ,'-'%-4c,,_~ Dir. Comm. Dev. Operations Commi~ ENDORSEMENT_._.~ ~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 FOR SUBMITTAL: COUNCIL PRESIDENT ~ '~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT 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 Ordinan.c_e..on first reading. City Council passage of the Ordinanc/~on ~'~c'Ob'd reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Donald L. Pratt 10. NOTICE OF ACTION: PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: AMENDED q?- 8A 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: ORDINANCE NO. yYg 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 WHEREAS, 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" 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. Ht: 60 ft. >- Establish a Health Care Campus of related and compatible uses. SETBACKS: ;~ Preferred uses will be medical, along with their Front: I0 ft. related support activities. Side: 10 fl. 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 district that responds to the constraints and special Shoreline Mixed 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: i0 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: I0 ft. 10 ft. SIDE: ....... 5 5 ft. REAR: ....... 5 10 ft. Min. Lot Size .............. Min. Lot width .............. Maximum Height 60 ft. 40 ft. 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 (13 or more -- ali ages) A A Day Care Facility (12 or fewer -- all ages) A A Group Residential Facility - Class I SUP A Group Residential Facility - Class 1I SUP Bed & Breakfast A Hotel or Motel A Residential Hotel or Inn (weekly/monthly) A Youth or Teen Center (social/recreational) SUP SUP 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.fl.) 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, Gifts and Greeting Cards A Art Gallery (2,000 sq.ft, 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 E;hibit "A" Proposed Zoning: Ne~v zones: HC --- Health Care SMU --- Shoreline Mixed Use Harrison District PROPOSED ZONING DR MF MR PO GB HC SMU PS Duplex Residential Multi-family Residential Mixed Residential Prol'essional Oflice General Business I-leallh Care Shoreline Mixed Use Parks & Schools Iiarrisoo Zones: Page 8 The Harrison Zones Zoning Text and Map Amendments Prepared b~/: Ron W. Hou[th --- Dept. of Community/Development --- 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' 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 side of the properties" and to acknowledge that the Shoreline Master Program will recognize this as the adopted waterfront access plan for the Harrision District. Harrison Zones: Page ! "A" 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 ft. 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 Restaurant/Cafe 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 Exhibit Shoreline Mixed Use_(SMU)_ one: 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: Maximize the potential of bluff-top areas through redevelopment and inflll. Promote a mix of water-oriented commercial, office and residential uses. Ensure that new development is designed and sited to take advantage of high bluff views while enhancing the unique qualities of the shoreline location. 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) 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 ft. 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. D, Allowed 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 Restaurant/Cafe (2,500 sq.ft, or larger) Restaurant/Cafe (Under 2,500 sq.ft.) Business Services 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 ConvalescentJRest 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 Exhlb~t Proposed Zoning: New zones: HC --- Health Care SMU --- Shoreline Mixed Use Harrison District PROPOSED ZONING 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 & Harrison Zones: Page 8 PLANNING COMMISSION MEETING MINUTES December 17, 1996 Chairman Ol/sen called the to order / PUBLIC HI ON RES LOT~ ~onald Pratt ((~¢ of Oeve prese~ the staff is an / /ord!nance ~s 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 kicks in. Mayor had no the followin will defer Commissil judgement: carports and' large lots the parkixregulations. Mayor oppos, g veh applying to yards and determinin number of ve a] by the tuber of licen d drivers. Zimsen will not be Morris Feel that will be by a vindictive hbor and board. vehi, congesting parkint be elim on one side of street on the ordinance. an issue Corn it, it problems Com about the real inten of the city with this that the purpose :l, it will easier to entbrceable the ordinance i.~ on the and that is already/ thc~ City that this ordi~ will force vehicles streets./i "~: ~ stated h~co~ not sul ,p{ X/the ordinance 3 presented beca e~as he f'l allow f°r 1~941 cars °n and/0/ff the street'/ Adams sta ed she has to ffJ: in front her home and3fis not had any / vehicles theproperty hte, pooling~///- ple~ei storY'_ that the is for~ Most peo r for / PAfi}~ -1- Chairman Olsen/~estioned the clause. Donald Pratt~tated~that the ~ code does hav/o4 Grandfather in it which that if the cond!~?n_ !s__l,e.g~al at th/g tim the law chan~e's to make it illegal condition c~ nue as long asjif doesn't get 3~i~g ,'r. Stated the in/t~nt of the ordinanc/e/ to improve th?/r ~tial qualiV_the neigh~fJ~°°d7' /~,,. J //// Con?nissioner St?ne. Stated that op?fible".? already a~ of the zoning/dode in £ p 7. /~ng to c0m/5,fip_ with an c rdi~ that ~will make/~ry°ne hapPy ~fiP°ssible' Chairman./?lsen feels the 5~ance still leav~gl~ny questions/~swered. ~ Comm~sioner ~tone mo2r~ 1 to.adopt the z/orriS, t t a~endme_nt., ~wi/tJa/the fo. llowing chanjg6s as outlined i~,ite~, G, no mor/o/than five boa~//motor vehicl~g, or trailers .per ~dw/ell~~h__al_l./b~_?_mf~ed in ~y~sidential zonin~,/flistricton sit/e/for longer thai 72 ~urs u. nl.ess sto_.r/q~d,, or par?d in a~age or carport' in a lawful/m(anner. Secon/ffed by Commissioner g6binson. Qu~~ckx/on; Adams, ye~, Stone, yes; Robinso/ff/, yes; Olsen~ can helen on atie/v6te. Item Bz~m~' stateT if the ilsue/~,' n~ ~ehiclVl~en.l. et's attack/j~vehicles'~ Commissioner ~tone moved 3ff a.dopt ~e ?re_e_ motion a s/0~ond time. ~q~conded b/y/ Commissi ) / Chairman Olsen recommended that issue be passed/6nto Council wiOt 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 "C~, 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. f /// ~?arle.sto/fl Plan: Rp~/nn Hough state~/~they had a mge~ng with ~//in atten~ce. Good/ ~ ///aiscus~On and inpu//~Plan is mov/~along nicel~ //// //~ ~ CO/ / Plan~lng /~ ~;tnce is tenta/~)~y scheduleSf/o(January/3~5~ 1997 a~//t~ Given/~mmunity ~. 47 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: P~-~.~ .......... -- RDINANCE FOR AGENDA OF: ~l~.amend Bremerton's Official Zoning Map ORIGINATING DEPT: for consistency with two 1996 Comprehensive ORIGINATOR: Plan Amendments. DATE SUBMITTED: February 26, 1997 DCD/Plannin,q ~ Ron W. Hough Feb. 21, 1997 2. CLEARANCES:/~ba~ecessary) City Attorne~:::~ ~~.. Dir. Comm. Dev. f',J'x''l~cv~L~ 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: 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: ,Co~-y-GounciPapprov.al-of--the-attached-C)rdina nc_e:oa~first-reading.--- City Council passage of the Ordinanc~.~.~on s'eCortcl/reading. 9. RESPONSIBLE OFFICIAL: Donald L. Pratt ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: '10. NOTICE OF ACTION: PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: AMENDED '11. AGENDA BILL NO: 9 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: 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 Farr, President Bremerton City Council APPROVED this day of ,1997. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Published: Effective: 13-C:zrna-2-96 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. FINDINGS OF FACT ARVON PARK --- A. LOCATION: B. APPLICANT: C. LAND: D. LAND USE: E. COMP. PLAN: F. PROPOSAL: See 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 #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 & 55- 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 Wayne 01sen, Chair/~ Bremerton Planning Corn/mission CPA:zonamnd.696 PARK---Proposod Rezone Arrow indicates the area proposed to be changed from the current zoning of"Single-family Residential (SF-3)" to "Parks & Schools (PS)". NB DR: i{5 SF-3 PS 6 Exhibit 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)". I1:' '7 I'LANNiNG 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 entbrced 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 entbrceable ordinance. Feels the current ordinance is intrusive on the residents and that parking is akeady an issue for th~' City and that this ordinance will Ibrce 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 life. 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 OIsen 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 heating, 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 '.lE', 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. Mo6on passes. New Business - Election of Officers Chairman Olsen 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, V/aibel Approved: '" _ Wyne Olden, Chairm~n AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance No. Revisions to BMC Chapter 11 regarding hazardous conditions on sidewalks and within the fight-of-way. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 2. CLEARANCE~S: (cormnent on back/~ ~ 3. Director, Public Works/Utilities ~/~ City Attorney .. Council Budget & Finance Committee ,:~~-~ Operations Committee __(-~~ k-~NDOP. SE~ >( rNFO~TION 5,1997 Public Works & Utilities Randy Witt, City Engineer January 27, 1997 EXHIBITS A. Ordinance APPROVED BY COUNCI~RES.I~.F_.QR SUBMITFAL: COUNC. PP Sn cr 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Revision to Chapter 11 of the Bremerton Municipal Code are proposed to incorporate recem changes in state law r~garding liability and establishment of the sidewalk minimum replacement criteria. Staff recommends approval of the ordinance. RECOMMENDATION: City Council approve Ordinance No. City Council pass Ordinance No. upon first reading. upon second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Director PW&U City Engineer PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED .AMENDED DATE: 11. AGENDA BILL NO: q 7 - Oq q 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Chapter 11 BMC will remain in its current form. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No effect on staffing and facilities, Street Division repair of damaged sidewalk is expected to increase and may effect that budget item. 7. RESEARCH SOURCES 97045/bk ORDINANCE AN ORDINANCE amending maintenance of hazardous conditions pertaining to sidewalks and duties of abutting property owners, and amending chapters 11.08 and 11.10 of the Bremerton Municipal Code. WHEREAS, the City Council finds that there are approximately 97 miles of sidewalk within the City, that the City has historically been able to allocate only limited funds to a systematic plan of inspecting the sidewalk system for defects and must rely on citizen correction and reporting of defects for the prevention of injury; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal. Section 11.08.010, REMOVAL OF SNOW AND ICE AND OBSTRUCTIONS - OBLIGATION OF ABUTTING OCCUPIER - DEFINITIONS - PENALTIES, is hereby repealed in its entirety. Section 2. Amendment. BMC Section 11.10.010 is hereby amended to read as follows: 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. It is unlawful for the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, fight-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create;, or maintain, or permit to remain upon any undeveloped right-of-way, or that part of said a fight-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such fight-of-way and the abutting property line, any condition, structure, or object dangerous or ha?ardous to the use of said fight-of-way by the members of the general public including, but not limited to, the following conditions specified in (a) through (I): 8-WALK3.IRS - Disk 2 - 1/14/97 (~) Obst~ctions ~causcd by Ucc limbs, ovc~ such public side~ o~ ~ghts~o~ay ~o~ ~hich the o~nc~ is ms~nsiblc undc~ 13.10.030; ~> Sidc~k bl~ ha~n~ ~o~c ~ 3/4 inch vc~ical (st~p) scp~ation bct~n bl~ks (~) B~okcn ~dYoc crocked sidc~ks havin~ ~om than 1 inch ho~zon~ (opening) (d) R~s~ o~ sunken sidc~k ~ith a ~se o~ drop o~ ~o~e than 1 inch in 1 Foot, (e) ~ctc~ boxes o~ other utility boxes havin~ ~om th~ a 3Y~ inch vc~i~ scp~ution. (c~ ~e~cctive conditions on ~hc pl~tin~ s~ip, unless posted Fo~ p~n~. ~)~-~ ......... ~,,~'"--- ,v,,, ~ ..... ~umulations of ice ~d snow on public sidew~ks; II~IIL-UI-W~ U~LW~II LIIG ~lOllll~ ~i~ i LIIGIG 1~ ~iO ~UlOllll~m tll~ll U~LWC¢Ii LIIG ~UJ~IIL ~U~ ¢) Def~ consis~g of foreign ma~er on ~e public sidew~ks, including but not limited to gravel, oil, grmse, or ~y other foreign subject matter that cause p~esth~s using s~d sidew~k to f~l,. stumble or slip by r~son of the existence of such foreign matter. ~ Def~five h~d~s or fends or o~er simH~ s~cmr~ ~thin or imm~iately adjacent to s~d right-of-way. Section 3. Repeal. S~fion 11.10.020, LIABILITY FOR INJURY OR DAMAGE, is hereby re~ in its entirety. Section 4. Repea~New Section. BMC S~tion 11.10.030, DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK, is hereby rep~ed in its entirety ~d a new S~fion S-WA~.~S - Di~ 2 - 1/14/~ 2 11.10.030 is adopted to read as follows: 11.10.030 HAZARDOUS CONDITION - ABATEMENT. Whenever there is a hazardous condition existing in violation of this chapter as identified under BMC 11.10.010, ~ vegetation obstructions subject to abatement under chapter 11.16, the City Engineer may give written notice to the owner of the property abutting the location where the hazard exists requiring such person to remove such hazard within ten (10) working days from the date of the notice, except where the costs of sidewalk reconstruction may not be assessed under RCW 35.69.020. At the request of the person subject to abatement procedures, the City Engineer may, at his/her discretion, grant additional time for removal of the hazard. Such notice shall contain: (a) The name of the owner of the property to whom the notice is addressed. (b) The street address or legal description sufficient for identification of the property abutting the location where the hazard exists. (c) A description and location of the hazard in violation of this section. (d) The date the notice was issued and the signature of the City Engineer or his designee. (e) The date and time specifying when the hazard must be removed. (f) A statement advising the owner that failure to comply with the order may result in citation pursuant to Section 11.10.050. Section 5. Repeal/New section. Section 11.10.040 SIDEWALK RELOCATION is hereby repealed in its entirety and a new section BMC 11.10.040 is adopted to read as follows: 11.10.040 HAZARDOUS CONDITION - REPORTING. (a) All property owners within the City shall report, in writing, to the Department of Public Works and Utilities any hazardous condition described in section .010 within the public right- of-way abutting their property. The City Attorney shall seek contribution for any claim or payment for damages proximately caused by a pedestrian hazard where: 1) the abutting owner who had actual S-WALIO.IR$ - Disk 2 - 1/14/97 knowledge of the condition failed to noti~ the Department as provided herein at least fourteen days prior to the injury resulting from the hazard; 2) such failure to notify was a proximate cause of the injuries, and 3) the City did not cause or create the defect or have actual knowledge of the defect. (b) The Department of Public Works and Utilities shall create and maintain a list of pedestrian hazards reported or otherwise known to the Department, and shall abate such hazards as soon as reasonably practicable, given the nature of the hazard and the available resources as set forth in a prioritized annual budget for such repairs. Section 6. Repeal/New Section. BMC Section 11.10.050, PENALTY FOR VIOLATION, is hereby repealed in its entirety and a new Section 11.10.050 is adopted to read as follows: 11.10.050 VIOLATION - PENALTY. It shall constitute a civil infraction for any person, firm or corporation to fail to comply with abatement requirements of the City Engineer pursuant to BMC 11.10.030 or violate any other provision of this chapter. Such failure to comply and/or violation shall be punishable as follows: The base civil penalty per day or portion thereof for each violation is as follows: 1997. a. First offense $100/day b. Second offence for same violation $200/day c Additional offenses for same violation $250/day 1997. APPROVED by the City Council of the City of Bremerton this day of PASSED by the City Council of the City of Bremerton this day of APPROVED this~ S-WALK3.1R$ - Disk 2 - 1/14/97 DAVID FARR, Council President day of ,1997. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk S-WALK3.IRS - Disk 2 - 1/14/97 5 SIDEWALK MINIMUM REPLACEMENT CRITERIA F3/4' F 3/4' SPALLING OF SIDEWALK "" ' " ' 7 SIDEWALK WITH BROKEN OUT SECTION 8 OTHER HAZARD (DESCRIBE) SC~E CITY OF BREMERTON SIDEWALK MINIMUM HORIZ. 1:1 ~ U~U~E8 REPLAGEMENT ORITERIA PLOT 1:1 DRAWING NO. DRAWN BY: RBE DESIGN BY:. OE ~ CHECKED BY: I SHE~ b- ~61 DATE 3-30-94 DATE~ DATE~ OF