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HomeMy WebLinkAbout09/03/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA SEPTEMBER 3t 1997 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 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 - August 20, 1997 #AB97-198 I 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Appoint Of Nick Garguile Sr., To The Parks And Recreation Commission B. EMS Heliport License Agreement RESOLUTIONS A. Resolution #2623, To Be Placed On The November 4, 1997 Ballot For Emergency Medical Care And Services Tax #AB97-199 ~/ #AB97-?.00 10. ORDINANCES A. Ordinance #4605 (Second Reading), Amending The Penalties For Violation Of The City Building Code (CONTINUED NEXT PAGE) #AB97-196 3~ B. Ordinance #4606 (Second Reading), Adopting 1997 Comprehensive Plan As Amended Ordinance #4607 (Second Reading (Second Reading) As Amended, Revising The Official Zoning Map of The City Of Bremerton To Maintain Consistency With 1997 Comprehensive Plan Amendments AGENDA BILL -BREMERTON CITY COUNCIL 1. SUBJECT:MINUTES - AUGUST 20, 1997 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September 3, i997 City Council David Farr, President 8-27-97 2. ~/~_~: (comment on back if necessary) ENDORSEMENT INFORMATION MAYOR APPROVED BY COUNCIL ~~MITTA_L: COUNCIL PRESIDENT 4. $1RgiA~Y. STATEMENT AND~REOUIREMENT FOR COUNCIL AcTION: 8. R~COMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: .EXPIRATION DATE: REV%EW DATE: PULLED TABLED COUNCIL DIRgCTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED .DATE: AMENDED TAPE #1485 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 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, August 20, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Carlos Montgomery, Sherril Huff-Menees, Lon Overson, John Law, Cecil McConnell, A1 Colvin, Richard Neville. Councilman Bob Winters was absent. Also, present were City Attorney Ian Sievers and Acting Deputy City Clerk Gil Johnson The meeting opened with the Pledge of Allegiance led by Council President David Farr and the Invocation given by Reverend Louis Sparks of the Abundant Life Foursquare Church. President Fart made the following announcement: (1) The City Council will hold a Study Session on August 27, 1997, immediately following the City Council meeting. The topic of discussion will be "Sinclair Landing Association Update." (2) Bremerton Kitsap Access Television can be reached by calling (360) 308-0139 or FAX (360) 308-0239. CONSENT AGENDA A. Minutes of Meeting -- August 6, 1997 #AB97-188 B. Minutes of Meeting -- August 13, 1997 #AB97-189 #0050 #0069 M/S/C/U(Neville/Montgomery) presented. to approve the Consent Agenda as CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on August 20, 1997, the Council does approve for payment those vouchers included and further described as follows: 211836 through 211987 in the amount of $274,042.48; and Regular Payroll for the period ending 8-15-97, in the amount of $758,401.85. COUNCIL MEMBER REPORTS Mr. Colvin stated it was good to back after experiencing some health problems the prior week. TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 2 of 19 Mr. McConnell expressed his concern over the recent increase in the number of drivers creating traffic hazards when crossing multiple lanes to make left or right turns, proceeding through red lights and speeding on City streets. He cautioned drivers to please observe traffic laws. Mr. Law reported he recently received a number of telephone calls from constituents regarding new construction or remodeling projects that affect view corridors and the lack of notification of such projects to surrounding property owners. As a follow up, he has asked the Department of Community Development, and briefly discussed with the Mayor, the possibility of developing a notification procedure to affected neighbors under those kinds of circumstances. Mr. Overson stated he was glad to see new activity taking place at the Roxy Theater. Mr. Neville extended a "welcome back" to Councilman Colvin; and reminded everyone the Kitsap County Fair and Rodeo is underway and will run through August 24. Mr. Montgomery reported the last of the Concerts on the Boardwalk was held on August 15. True to the tradition being carried on by Carol Atkinson, all of the concerts experienced good weather and large crowds. He hoped the Blackberry Festival will also enjoy sunny and warm weather. He reminded everyone. The Missouri on The Mainland Committee (MOM) is holding a Rally on September 6, starting at 10:00 A.M., on the Boardwalk. This past week he had the opportunity to observe the Street Department crews performing street repairs to a very dangerous situation at the intersections of Park Avenue and Olympus Street. MAYOR'S REPORT Mayor Lynn Horton reported she observed Mr. Montgomery, who was wearing a striped safety vest, observing the Street Department crew working. After seeing Mr. Montgomery sitting and watching the repair working being done, she anticipated receiving a telephone call from a concerned citizen questioning why a City employee was "sitting" and watching other crew members work. She noted city employees do appreciate interest shown by the Council members and her as elected officials. At the August 13 City Council meeting, several residents from the Wycoff area expressed their concern over speeding traffic along Wycoff Avenue. One of the speakers, Karen Boles, called the Police Chief and expressed her appreciation of the effort by the Police Department to help make their neighborhood safer. The Police Department will be setting up a digital speed sign that will TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 3 of 19 register the speed of vehicles as they travel along Wycoff Avenue. She agreed with Mr. McConnell's earlier comments about people speeding through the City and causing danger to others. PUBLIC RECOGNITION Elizabeth Buell, Bremerton resident, pointed out since the last Council meeting, the masking tape around the exit sign in the City Council Chambers had been removed. Roy McInnis, Bremerton Resident, agreed with Mr. McConnell about traffic hazards being created by drivers not following traffic laws. He wasn't sure if he understood Mr. Law's comments about new construction/remodeling creating problems for residents; however, he welcomes new construction in Bremerton. He noted he did not personally attend the August 13 city Council meeting due to his visiting with Mr. Colvin at his home. Mr. Law clarified his earlier statement regarding view corridors. 8A - CLAIMS ADMINISTRATION CONTRACT - JOHNSTON & CULBERSONt ~AB97- 190 The city self-insures its workers' compensation obligations and utilizes the services of a certified third party claims administrator to make claim payments. In March 1996, the City selected Johnston & Culberson to administer its claim after a formal RFP process. The current contract with Johnston & Culberson expires on August 31, 1997, and the city wishes to extend it for an additional 17 months. The annual fee for this service will be $13,650 for the first 50 claims and $260 per claim for each claim after the first 50. Peq~ Lessor, Risk Manager, explained this item had been discussed at length at both Council committees. She would be available to answer any questions Council might have. Public comments - none. Mrs. Huff-Menees stated because the recommended motion includes a reference to text, she asked Mrs. Lessor to explain why item "4C" should be stricken from the contract? Mrs. Lessor stated the amendatory endorsement has a paragraph designated as "C" stricken from the contract. The City's Claims Administrator is of the opinion that paragraph "C" might have some financial benefit to the City; however, she did not agree with that opinion. In order to resolve that difference of opinion, the City Treasurer will conduct a financial analysis of the impact of leaving that paragraph in the contract. If the financial analysis concludes that the City will be in a better financial position with the inclusion of the paragraph, Ms. Lessor will be notified and the paragraph will be reinserted in the contract. The intent of the proposed motion is to provide the #0576 TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 4 of 19 City Treasurer the opportunity to conduct a financial analysis, which has not been completed. Mr. Law noted he supported the removal of paragraph "C," based on the lengthy discussion of that item during the Council Operations Committee meeting. Mr. McConnell asked if the City Treasurer's analysis determines that it would be to the City's benefit to include the paragraph, would it be reinserted automatically or would it come back to Council for further action? Mrs. Lessor pointed out the recommended motion is that Council provides staff with the authority to add that provision back into the contract without further Council action. Mr. Overson questioned the financial comparison between the previous contract and the proposed amendment? Mrs. Lessor stated the proposed amendment has a longer term than the earlier contract and includes a slight fee increase (4%). M/S/F(Montgomery/Colvin) Motion to approve the amendatory endorsement to the Professional Services Agreement with Johnston & Culberson, excluding paragraph C. Mr. Overson stated his understanding of the recommended motion would give staff the opportunity to review the financial considerations and determine if it would be of financial benefit to the citizens to include paragraph "C.' He did not support Mr. Montgomery's proposal, which would take away that opportunity for a financial analysis. Mr. Montgomery stated he based his motion on Mrs. Lessor's opinion that there would be no benefit to the City. Mr. Neville asked the City Attorney's opinion on whether or not the City would benefit by including paragraph "C?" Ian Sievers stated since staff is uncertain and is willing to investigate it further, he would not take a position. Maybe it was more of a matter as to who would review the study, i.e., Mayor or the City Council. Apparently, Johnston & Culberson would be willing to add the paragraph at a later time and it could be stipulated to have that action brought before the City Council. Vote on motion: Motion failed. In Favor: Opposed: Montgomery, Huff-Menees Neville, Overson, Law, McConnell, Colvin, Farr Mr. Colvin asked if there is any advantage to the City if paragraph "C" is included in the contract? Mrs. Lessor stated paragraph "C," as presented to Council in a deleted fashion, has both a cost and #0806 TAPE #1485 City Council Reg. Mtg. Minutes Auglast 20, 1997 Page 5 of 19 potential benefit. The Claims Administrator believes that the benefit associated with that paragraph will result in a net savings to the City. It is her opinion that the cost associated with that paragraph will out weigh the savings. Part of what is driving this action is the fact the contract will expire on August 31, 1997, and she needs to have some kind of contract in place before the expiration date. What is before Council is her own uncertainty and she is looking to the City Treasurer's financial analysis ability to determine any benefit to the City. Mr. McOonnell questioned if it would be possible to include the first part of paragraph "C" as an inducement? Mrs. Lessor stated no, the Claims Administrator is unwilling to agree to such action. Mr. Colvin questioned if he understood correctly that under paragraph "C" the city would pay the Claims Administrator 15% of the savings they obtain for the City? Mrs. Lessor stated Mr. Colvin was correct; however, at the moment this Claims Administrator and all Claims Administrators reduce fees and provide the services for the basic contract charge. What this Claims Administrator is proposing is charge the City the reduced fees and then charge a little more of what they have reduced. She doubts the Claims Administrator can save the City more than what they are proposing as a charge and the data she has reviewed indicates that is correct. M/S/C(Law/McConnell) Motion to approve the amendatory endorsement to the Professional Services Agreement with Johnston & Culberson with staff authority to revise the endorsement to include paragraph C, if financial review finds that provision to be beneficial to the City. Mr. Montqomery stated he supported excluding paragraph "C' because he believes Mrs. Lessor and the City Treasurer have more important responsibilities, i.e., 1998 budget preparation, than pursuing further analysis of this contract. He believes their assumptions will prove out to be beneficial for the City by not including paragraph "C." Mr. Cclvin asked the City Treasurer to comment on the benefit to the City, if the recommended motion is approved. Rich Hanna, City Treasurer, explained the recommended motion would delegate authority to staff to conduct an analysis to determine whether or not to include or exclude paragraph "C" from the contract. Any benefit to keeping paragraph "C" in the contract has not yet been determined. Vote on motion: In Favor: Overson, Law, McConnell, Colvin, Huff-Menees, Neville, Farr TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 6 of 19 Opposed; Montgomery Motion carried. 9A - RESOLUTION ~2622 ADOPTING THE CAPITAL IMPROVEMENT PROGRAM (CIP) FOR THE YEARS 1997-2002, ~AB97-191 The Mayor and staff have produced the attached CIP document for the years 1997-2002. copies of the draft document have been provided to Council for review and it has been presented to Council in Study Session. It is now requested that the Council adopt the CIP for the years 1997 - 2002. Mayor Lynn Horton state for several years the City has had a Capital Improvement Plan and over those years it has become a better document. Her goal is to include as many of the capital requests as possible so that the document can be used as a road map and tool, for discussion purposes, in financial planning for the City. In past years, amendments would be made to the Plan when projects would materialize, but had not been included as a future project. There are multiple projects within the proposed document that may not be constructed during the life time of this plan. If projects are brought up "midstream,' it invalidates this planning process. There may be items within the plan that Council may disagree with, but her intent is to have them identified and then brought to Council for discussion. In preparation of the plan, input was received from all City Departments; however, not all proposals were included because the City does not have the financial resources to complete them within the next 5-year period. Public comment - None. Gil Johnson, Acting Deputy City Clerk, read the following statement submitted by Councilman Bob Winters, who was not present at the Council meeting: "Councilman Bob Winters cannot support this document as presented based on two reasons: (1) $355,000 for an erosion control facility for fluoridation; (2) cannot support the cost of $3.5 million for a new City Hall." Mr. Overson stated he recognized Councilman Winters' concerns; however, a Capital Improvement Plan has to be somewhat aggressive and a type of wish list that is optimistic, particularly the way funding programs become available, which then gets pruned by reality when the financial feasibility is established. He urged his fellow Council members to support the proposal as presented. Mayor Horton pointed out the inclusion of a new City Hall might be a misnomer. It may be a rehab of the current building. If the rehab of the current City hall is selected, she would like to look at incorporating an on-site jail facility (24-48 hour holding facility), which is where most of the City's jail costs with Kitsap #1065 TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 7 of 19 County occur. It also may make sense to look at a new downtown fire station in conjunction with a remodel of the existing building or new facility into one location. President Fart stated in regard to Mr. Winters' comment about the expenditures for fluoridation, it was his understanding implementation of fluoridation would be combined with the erosion control facility, which was previously approved by a unanimous vote of the Council earlier in the year. Mr. Nevills stated he was in total support of the CIP Plan and great strides have already been made following the plan, i.e., Campus Evergreen Plan, Charleston District Plan, Harrison District Plan, etc. Once an item is in the Plan, the City can look for grant funding or other funding sources that look favorable on proposals that were identified and adopted into a plan for future consideration. Mr. Colvin pointed out the CIP is not etched in concrete and he will support the document as presented. M/S/C/U(Montgomery/Huff-Menees) Motion to pass Resolution #2622 adopting the City of Bremerton CIP for the years 1997 through 2002. 10A - PUBLIC HEARING - 1997 DOCKET OF COMPREHENSIVE PLAN AMENDMENTSw RELATED REZONES AND THE ADOPTING ORDINANCEw ~AB97-192 The Bremerton Comprehensive Plan may be amended only once each year. The process begins with the April 1 deadline for applications. This year's ten amendment proposals were submitted to State agencies and other individuals and jurisdictions for review, and were processed by staff and the Planning Commission before arriving at the city council for final public hearings. Six proposals, if approved, will require Rezones to maintain Plan/Zoning consistency. To expedite the process, the Planning Commission has considered their zones at public hearings and staff has scheduled both the Plan Amendments and their related Rezones for simultaneous action by the city Council. Because of the number of proposals and the complexity of some, the public hearing has been divided into two parts. It will begin on August 20 and continue to August 27 to allow time for questions and discussion. President Fart announced the items to be discussed during this hearing will include: (1) Harbor Heights Apartments - Plan Amendment and Rezone; (2) Bremerton School District - Plan Amendment and Rezone; (3) Auto Center Area Industrial - Plan Amendment and Rezone; (4) Broad Street Residential - Plan Amendment and Rezone; (5) South smith code - Plan Amendment and Rezone; (6) Merit Company - Plan Amendment and Rezone; (7) Waterfront Access Plan - WAP Amendment only. This hearing will be continued to TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 8 of 19 August 27, 1997, where the following items will be discussed: (8) Land Use Descriptions - Plan text amendment only; (9) Removal of "cemetery" Designation - Plan text amendment only; continuation of earlier discussions from August 20 City Council meeting; and first reading of ordinances, adopting Plan Amendments and Rezones. The final vote on the ordinances will take place on September 3, 1997. He emphasized Council will limit public comment to one comment per person per item and to limit those comments to 3-minutes. President Fart asked the "Appearance of Fairness/Conflict of Interest" question with all Council members being seated. Ron Hough, Planning Manager, pointed out public notice of this hearing was sent out to the surrounding property owners for the seven items that will be discussed during this hearing. The Planning Commission processed the items in June through the Plan Amendment process. During the interim, the State had a 60-day period for commenting. The City received some comments from the following State agencies: State Department of Community Trade and Economic Development (comments were positive and would not impact what is being proposed); Washington State Department of Transportation (comments were fairly neutral). To streamline the process, the Planning Commission processed the related Rezones in July so that could be brought to Council along with the Plan Amendments. Six of the seven items are being considered as combined Comprehensive Plan/Rezone Amendments. (1) Harbor Heights Apartments - To change the Comprehensive Plan designation from "U" (Utilities) to "MDR (Medium Density Residential) on a small area of the West Hills neighborhood south of Roosevelt Avenue. This is part of a larger parcel that was recently annexed with the designation "MDR" and consistent (MF) zoning. Related Rezone proposals would change the zoning of two small parts of the development from "FM" (Forest Management) and SF-3" (approximately 1/3 acre - Residential Low Density" to "MF" (Residential Medium Density)" to be consistent with the Plan designation and to ensure that the designations of the entire property are consistent. During the Planning Commission discussion, there was no opposition and the Planning Commission recommends approval for the Comprehensive Plan Amendment and related Rezone. Public Comment - none. Mr. Montgomery questioned if City sewer service was available to the subject area as described by Mr. Hough? Mr. Hough stated sewers will be available to the site. Mr. McConne11 questioned if the subject parcel was involved in a TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 9 of 19 previous land trade transaction? was correct. Mr. Hough stated Mr. McConnell (2) Bremerton School District - To change the designation of two small lots fronting on the east side of Wheaton Way from "S" (School) to "C-G" (General & Highway Commercial). The property is undeveloped and has been used for many years for access to an elementary school and for parking. The related Rezone proposal would change the zoning from "PS" (Parks & Schools) to "GB" (General Business) to be consistent with the Plan designation. The School District no longer needs the property for school purposes and would like to make it surplus and sell it for development. The District requested that the zoning be changed to the same designation as the properties on the north and south sides of the site. If the commercial designation is approved, the next step would be to rezone the sites to a commercial designation. The Planning Commission's recommendation is to designate the area GB. Mr. Hough noted two letters ( Bettie Schwendemann, 1115 Dibb Street; and C. W. Wareham, 1111 Dibb), opposing the proposed Rezone were included in the documentation and were also considered by the Planning Commission. Public comment - none. Mr. Montgomery referenced Page 13 of the Plan Amendments, item #3 Transportation and quoted: " .... where left turn movements are nearly impossible much of the time. This proposal is good for traffic." He did not understand what was meant by that statement considering making left turns onto Wheaton Way, regardless which side of the street, is not good for traffic. He also referenced the State Department of Transportation's (DOT) letter in which it states: "The city of Bremerton may want to consider taking advantage of the State access management law and prohibit left turn lanes at this location." Mr. Montgomery noted if the City followed that recommendation, it could be done along the entire corridor. He believes any references to left turns is moot. Mr. Hough noted the State was referencing school traffic coming in and out of that location. He quoted from Mr. Brotherton's letter (DOT): "...Given your description, we support your suggestion to route school traffic onto other streets rather than use Wheaton Way. The City of Bremerton may want to consider taking advantage of the State's access management law and prohibit left turn lanes at this location." He noted that may be a follow up consideration later on when the Wheaton Way corridor is studied. Mr. Montgomery stated he views left turns in that area to be a problem whether it has to do with schools or businesses. Mr. Overson stated he would not hold up a proposed rezone based on TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 10 of 19 traffic. There are other ways to solve traffic problems, such as more stop lights along the Wheaton Way corridor, which would allow access into malls/shopping areas within the City. He encourages staff to pursue that suggestion. Mr. Hough stated there has been discussion about a Planned Unit Development on the larger school site, if it becomes surplus. He noted the number of driveways along the Wheaton Way corridor does create traffic problems. (3) Auto Center Area Industrial - To change the designation of two parcels on a hillside west of the auto Center district of West Bremerton from "C-P" (General & Professional Offices) to "IP" (Industrial Park). The change will allow uses that are compatible with light industrial character of the Auto Center area. The related Rezone would change the zoning from "PO" (Professional Office) to "IP" (Industrial Park) to ensure consistency with the Plan designation. Mr. Hough noted HMI Inc., requested this change. Originally, the whole area was designated Heavy Industrial in an earlier Compressive Plan and when it was reviewed consideration was given to the hillsides, slopes, trees, access, visibility from the freeway, etc., it was determined not to be the best place to site Heavy Industrial, so it was down graded to Office Professional and the current designation is CP, which is basically commercial and professional offices. HMI Inc., feels there is not a market for "offices" now or in the foreseeable future. However, because of the other industrial activity in the Auto Center district, they believed they would have a better chance to provide more uses that were related to heavy commercial and industrial, which would be more suitable for the hillside. The requested rezone would affect Lots A and B, which are owned by HMI, Inc. When staff reviewed that request, they saw that such a change would leave parcel C designated as Office Professional, which was not desired, and parcel D, which is a very narrow piece owned by Peninsula Truck Lines, who also own the property next to it and using part of parcel D as part of their operation. Based on that information, staff combined parcels C and D with A and B and propose they all be changed to the Industrial Park designation. If approved by the City Council, the follow up rezone will change the designation from PO to IP on all four properties. The Planning Commission recommended the following conditions be applied to Lots A, B and C: (1) New development shall be designed to encourage a campus-like arrangement of buildings, parking, pedestrian walkways and open space. (2) Ail areas not paved or built upon shall be landscaped or left in natural vegetation to minimize dust, mud and erosion. (3) Development projects shall be designed to include a minimum of 15 percent open space, exclusive of required setbacks. When such open space is used primarily for hillside stabilization, visual enhancement, or sensitive area protection, the City shall consider waiving or reducing the requirement that 60% or more of the open space be used for active recreation. (4) Outdoor storage of /? TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 11 of 19 equipment, materials, products, etc., shall be placed toward the uphill side of buildings (not the view side) whenever feasible and/or effectively screened from view with landscaping or a combination of fences and landscaping. Roy M~Innls stated he has always supported proposals to bring in new business to Bremerton. However, because there has been a history of a water problem in the subject area, he was concerned as to what will be done to correct that problem. Mr. M~Connell referenced Lot D, and asked if Peninsula Trucking Company was aware of and agreed with what is being proposed for rezoning? Mr. Hough stated letters and notices have been sent to that company; however, he was not aware that they had responded to that notification. Mr. McConnell asked if the City had sufficient enforcement to address problems that might arise out of outside storage of materials and equipment? Mr. Houqh stated the recommendation would apply design review to ensure the design would accommodate outside activities on the site. If there is a violation of those conditions of approval of the site plan, the city would follow up with enforcement. Mr. Montgomery referenced a small strip of land on Lot B and asked if it was a platted City Street or was it a private driveway? Mr. Hough stated it is not a platted street nor is it an easement. Mr. Montgomery asked if the City's street codes will insure construction of curbs, sidewalks, and sewer service? Mr. Hough stated no decision has been made on the access to the lots, which will come along as the site plan is developed and processed. He also noted there could be a connection made to Werner Road, which would require some major improvements. Mr. Montgomer~ noted Bloomer Street is in very bad shape and asked if it was used as an access would the City be responsible for improvements? Mr. Hough stated no, the developer would make the improvements if they used it as access to their property. Mr. Montgomery noted the City does have a plan to develop storm sewers in the subject area, which would eliminate the stormwater problem. Mr. Neville questioned the degree of slope to be considered a "critical land?" Mr. Hough pointed out the slope can be changed/graded to suit building needs. In the process of development, steeper slopes may be formed that may have to be landscaped or treated differently. He did not believe the slope in the subject area is considered a sensitive area. Mr. ~eville thanked the Planning Commission for the effort put into each of the items. Mr. Houqh pointed out not all of the criteria is listed in the Staff Report. There is a list of criteria for the Comprehensive Plan Amendments, a list of criteria for the rezone and the 13 Statewide planning goals and all the goals and policies TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 12 of 19 within the City's Comprehensive Plan. Mr. Overson noted the applicant for the recommended change does not own lots A, B, C and D, which he views as a mild contradiction. Mr. ~ouqh explained the owner of lots A and B has given his permission to the applicant to apply for the Plan amendment as a future property owner and developer of the site. He noted the owners of lots C and D were contacted and sent notices through the entire procedure process; however, no response was received as a result of that notification. Because the proposed rezone would allow offices, he did not see how there would be any damage to the lots and in fact would offer more opportunities for the site. Mr. Overson questioned for clarification if the property had been designated "critical land" or "sensitive" by any other methods? Mr. ~ouqh stated no. 4. Bro&d Street Residential - To change the designation of two small lots from "C-G" (General & Highway Commercial) to "MDR" (Medium Density Residential). The lots are located at the entrance to a new (MDR) residential development and not suitable for commercial use. The related Rezone proposal would change the zoning from "GB" (General Business) to "MF" (Residential Medium Density)." Mr. Hough pointed out Broad Street is a short street off of Wheaton way with some commercial businesses to the north and to the south. The owners of the lots would like to change the designation of the lots to residential from commercial since they are located far enough off of Wheaton Way that there is no visibility for passing traffic for commercial use and they are too small to develop for any reasonable commercial endeavor and provide the required off street parking. Bob Mathwiq, owner of the subject lots, stated it is his desire to expand the Broadmore Village project by two lots, which would clean up the subject area. He has been unable to come up with any commercial value to develop the lots and believes putting the area into residential will enhance the entire block. Mr. Montgomery referenced a letter from Paul Schmidt, who owns a 70 by 70 foot lot to the east of the two subject lots, in which he states the proposed change would cause him undue financial hardship. He asked what would Mr. Schmidt's options be regarding his concern? Mr. Bough explained Mr. Schmidt could possibly apply for a Special Exception relating to the "setback" requirements on his property similar to what the property owner north of Broadmore Village did after that earlier rezone. 5. South Smith Cove - (1) To show all areas north of Sheldon Boulevard/Thirteenth Street and west of Highland, with the exception of the union building at the corner of Highland, as "P" TAPE #1485 city Council Reg. Mtg. Minutes August 20, 1997 Page 13 of 19 (Park) and remove the "MU" (Mixed Use) designation from those areas, this is the area of the Evergreen Park Master Plan. (2) To Remove the "MU" (Mixed Use) designation from properties east of Highland Avenue and replace with the designation "HDR (High Density Residential). Two properties would be affected by this change. An existing office building would continue to be a conforming use in either of the city's high density zones. The owners of the larger property have no interest in a mixed use or business type development, they feel the site is best suited for a high-density residential development that would take advantage of the views, parks, recreation and other locational features. Mr. Hough pointed out the Parks zoning was never extended south of 14th Street even though the City's Comprehensive Plan showed it extending along Sheldon Boulevard. The current zoning of that area is Business Park and it is now desired to bring that zoning into consistency with the Comprehensive Plan by changing it to "PS" (Parks & Schools) to cover the entire Evergreen Park Master Plan. The union hall would be left in the Business Park zone and the Standard Oil property and office building would be included in the Mixed Residential Zone. The Planning Commission recommends approval of the noted changes. Gar Freymmnn, Bremerton resident, asked if the City intended to fill in a portion of Smith Cove as an extension of Evergreen Park? Mr. Houqh stated for clarification that the "fill" he referenced would be the capping of the soil contaminated area. And, the possible source of that fill may come from the construction site of the new underground parking garage proposed in the Sinclair Landing Project. It is not proposed to do any filling in of the water area of Smith Cove Mr. Montgomery questioned how close to completion is Standard Oil Company in the removal of contaminated soils in preparation of the site for development to residential use? Mr. Hough stated today a representative from Standard Oil had indicated he would provide comments for this hearing; however, his office did not receive anything prior to commencement of this hearing. If comments are received, they can be presented at the Public Hearing on August 27. He did not know specifics about the clean up of contaminated soils, but he was aware the owners have been talking with the Department of Ecology (DOE) about a solution so they can develop the site into residential. Mr. Montgomez~ questioned if the City wasn't a little premature since DOE had not given their approval and shouldn't the City act on that segment later? Mr. Houqh emphasized the approval for construction would not be approved before DOE gave their approval. He did not think it would necessary to hold that site out of the proposed action since they would have to go through the approval process. If the zoning was left as BP (Business Park), TAPE #1485 City Council Reg. Mtg. Minutes August 20, 1997 Page 14 of 19 there would be no guarantee they could get a rezone at a later date and would have to wait a full year before a Comprehensive Plan amendment could be processed. Mr. Law questioned in regard to the Standard Oil property, if Council approves a rezone, could a proviso be included that it must pass environmental requirements before the zoning takes affect? Mr. Houqh stated he was not sure that would be necessary, since it would be a requirement for development to meet the minimum State requirements. Ian Sievers, City Attorney, stated it is difficult in land use planning to anticipate approval of other agencies. In this situation, he agreed with Mr. Hough that there is not much at risk, if in fact Standard Oil was not able to clean up to DOE's standards to allow for a residential use. It would certainly be grounds for another rezone amendment to some economically viable use and that could be done any time. President Fart asked if the Standard Oil site was on the State's list of suspected and confirmed contamination sites? Mr. Sievers stated yes. Mr. Overson stated he believes Council should emphases concern with what is best for the citizens as to the use of that property and is it best to be multi-residential. In this case it appears that it is, but whether it can pass all State requirements isn't within Council's purview. He supported the proposed rezone designation for that site. TAPE #1486 6. Merit Company - To change the designation of approximately ten acres of a 20 acre parcel at the southwest corner of Riddell Road and Almira Drive from "MDR" (Medium Density Residential) to MU-PUD" (Mixed Use/PUD). This will allow some existing businesses that currently front on Wheaton Way to expand into an undeveloped area to the east and to offer an opportunity for a mixed use (residential/commercial) development on the site. The related Rezone proposal would change the zoning from "MF" (Residential, Medium-density) to "MX" (Mixed Use) to be consistent with the Plan. Mr. Houqh pointed out the Highway 303 corridor (including Wheaton Way) is continuing to develop as an important commercial corridor. Large scale new developments, anchored by Fred Meyer, Safeway and Wal-Mart and others have located along this corridor, but outside the City limits. The unincorporated areas offer the advantage of larger undeveloped parcels that are fully served with utilities and urban services. Bremerton would like to provide opportunities for commercial expansion of existing business within the City limits so that they don't have to move into the unincorporated areas of the TAPE #1486 city Council Reg. Mtg. Minutes August 20, 1997 Page 15 of 19 County. The impacts of local expansion are significant in terms of cost, service to increasing urban densities, reducing sprawl, public transportation, reducing traffic congestion, and making the most efficient use of our existing infrastructure. The major concern of the neighborhood over this proposal is what impacts will be felt by the residential community. One of the solutions discussed by the Planning Commission was to allow the change to MU, but make sure that traffic enters the site from the west side through the shopping center. It was also suggested that a 50-ft., buffer strip be required along Almira Drive if it is developed as commercial. It the site is developed as a Mixed Use, possibly in cooperation with the adjoining 10 acres, it could be a mixture of residential and commercial. If residential fronts on Almira Drive it would be consistent with the residential neighborhood across the street and a buffer would not be necessary. The Planning Commission liked changing the Zoning to Mixed Use (MX) to allow the opportunities for a PUD that mixes different zones and commercial with residential. The Commission also liked the idea of providing a buffer. Conditions of approval include: (1) If a true residential/commercial mixed use development is proposed for the subject site, it shall be designed so that only residential uses front on Almira Drive and non-residential uses are oriented toward the Wheaton Way corridor. (2) Site design shall not allow commercial traffic access from Almira Drive, but shall encourage pedestrian and bicycle access from surrounding neighborhoods. (3) If a commercial expansion is designed for the subject site without residential along Almira Drive, it shall be separated from Almira Drive by a buffer of landscaping and trees to a depth of no less than 50 feet. (4) Development of the site is subject to site plan approval by the Bremerton City Council following a Public Hearing. Dave Manq&nette, resident on Westview Drive, referenced Mr. Hough's Planning Commission item of August 19...the conclusions of that agenda item document do not appear to be substantiated. He wanted Mr. Hough to clarify the mention that this wooded 20-acre parcel behind the commercial center has served as an effective buffer, but then the conclusion continues that its loss should not result in adverse impacts on the pease and stability of the neighborhood. He also wanted Mr. Hough to respond to the enforcement of the recommendations, which appear to have changed since the August 19 meeting wherein the buffer was identified as 100 feet. He believed that the condition encouraging pedestrian and bicycle access would have an averse impact on the peace of the surrounding neighborhood. He believed most people were knowledge that the subject site is currently used as a congregating area for illegal activities during late night time hours. TAPE #1486 City Council Reg. Mtg. Minutes August 20, 1997 Page 16 of 19 Mr. Hough stated what he meant by his comment regarding the buffer was that the 20-acres of natural vegetation and trees ~t had buffered the neighborhood from the commercial for years. The following statement in the August 19 document stated the proposed change should not create adverse impacts on the neighborhood. The idea is that a design should not be approved that will have an adverse affect, but it may remove most of the existing buffer; however, the Planning Commission is recommending that some buffer be retained. He noted as of this date there is no proposal for a project for the subject property. The Planning Commission held a Comprehensive Plan Amendment hearing in June on this proposal and most of the rezone issues were conducted in July. This item did not come to the Planning Commission in July because they were a little uneasy about what was being proposed, so it was held over until August when the Planning Commission held its rezone meeting on August 19. At that meeting, the buffer recommendation was changed from 100 ft., to 50 ft., based on their discussion. The four recommended conditions of a rezone would apply when a site plan is submitted. If a plan was presented with only commercial with no residential mix, then that condition would require a buffer strip along Almira Drive. If a plan included a mix of residential it would not require a 50 ft. buffer. Elizabeth Buell, Bremerton resident, wanted to know what would be behind the commercial buildings and she pointed out delivery trucks are noisy and should be taken into consideration. Mr. Hough stated that is a serious concern that will be looked at the time of the site plan review. Mr. Neville stated he recalled several years ago there was a proposal before Council to use the 10-acre site for multi-family residential and during that time the developer needed the adjoining 10 acres to be in compliance with the Growth Management act meet needed housing stock for inner Bremerton. He questioned if that was no longer the case? Mr. Hough explained one of the arguments, at that time, was the City of Bremerton was allocated 20,000 people as the regions growth share and they had to arrive somewhere within City limits. That was one of the arguments for zoning the site Medium Density. At that time and currently, the site is considered a good location for a residential development. Mr. Neville questioned the rational of taking away half of the acreage? Mr. Hough stated it is a balancing act between what is more important bringing more people into the City or allowing more economic development by trying to keep businesses within the City and allowing commercial sites to expand. Mr. Montgomery stated if the site is allowed to develop a commercial use, the developer should be required to close the north exit out of the shopping center onto Riddell Road and move that TAPE #1486 City Council Reg. Mtg. Minutes August 20, 1997 Page 17 of 19 entrance further down and install a traffic light. Mr. Hough noted two letters were included in the documentation that addressed traffic issues and misalignment of the Almira Drive intersection. Mr. Montgomery questioned if the site is developed, will it require the developer to install sidewalks and curbs along Riddell Road and on the west side of Almira Drive? Mr. Hough noted at the time a residential development is considered for the site and the approval required that sidewalks, curbs, gutters and street improvements be made. Mr. Overson pointed out Council was not looking at a site plan at this time, only a zoning issue. Mr. McConnell stated it was his understanding that when a part of a property is rezoned it must be platted first and new surveys taken and boundaries established. Mr. Hough explained the boundary lines have been established and there is a legal description on file. If this designation is approved, a short plat will follow. He noted Mr. McConnell is correct, the City does not split zone properties. 7. Waterfront Access Plan - To amend the Waterfront Access Plan to remove the designation "Minor Viewpoint" from the Link 1-B and Link 1-C Plan maps at the east end of Eleventh Street Place and to amend the text of the WAP to remove related viewpoint recommendations. Link 1 of the Waterfront Access Plan showed a pedestrian trail system leading from the Ferry Terminal along the boardwalk and moving north inland using existing sidewalks to the Manette Bridge and then around to Smith Cove, Evergreen Park and Olympic College. The trail would be a series of pedestrian sidewalks that would include signing and texturing to identify it as a pedestrian trail system. Along this trail are areas that would be suitable for viewpoints and one of those areas was an existing vacant street end that is currently occupied by a garage and has been for several decades. An adjacent property owner to this specific viewpoint area inquired into the possibility of the City vacating that right- of-way and using it for private purposes that would be spit between the two adjacent property owners. The City decided it could not do that because it is a designated Comprehensive Plan viewpoint. In order to consider a vacation, the City needed to go back to the Waterfront Access Plan and take it through the appropriate process to determine if the City wanted to eliminate that particular viewpoint. If it was eliminated, then the process of vacating the right-of-way would proceed separately. This public hearing is to consider whether or not the City wants to remove the viewpoint from the Plan and allow the vacation to occur. Mr. Hough referenced several letters, which were included in the Agenda packet (Brad Rucker, 911 Highland Avenue; Raymond Gentz, 1102 Highland Avenue), opposing any action to remove the viewpoint TAPE #1486 city Council Reg. Mtg. Minutes August 20, 1997 Page 18 of 19 from the Waterfront Access Plan. Gil Johnson, Deputy city Clerk, read letters of opposition from the following individuals: Nicki M. Skotdal, 645 Fir Street, Edmonds WA 98020 (owner of a property located at 114 llth Street); Ed Rollman, 626 Highland Avenue, Bremerton (two letters dated August 7, 1997 and August 20, 1997); Wendy Clark, 904 Highland Avenue. NOTE: Letters will be on file in the Department Of Community Development File. Councilman Colvin left the City Council Chambers at 7:25 P.M. Jack Arends, Seattle resident, stated his mother, Carol Arends, is a resident of Bremerton. He expressed his support of the City's proposal for a pedestrian trail system along the waterfront and the need to preserve pedestrian space and viewpoints. He cited other areas where property was dedicated for such a purpose that has been a legacy to several generations. Ed Rollman, Bremerton resident, presented the Council members with a packet of information that identified the human factor of the subject viewpoint. He agrees with others who want to retain the right-of-way as a park for community use. He sees the area as a great place to hold neighborhood blockwatch meetings. He urged Council to not remove the site from the Plan and to keep it in City hands. His research, which involved contacting Municipal Research Services, revealed there may be several laws governing any proposed later surplusing of the site or land use changes for the site. There is a Washington State Legislative Law 1896, that states if a roadway is platted but not used as a roadway for a period of 10 years, the property reverts back to an open space and belongs to all of the people. He urged Council to look at RCW 35.79 of the Revised Code of Washington that has two chapters relating to this proposal. If the City decides to surplus the subject site, he believes it should be open to all bidders; however, he favors keeping it as a community park. Rex Garland, Bremerton resident, stated he opposed the amendment. He apologized for not attending Planning Commission meetings when this issue was being discussed. He pointed out the perceived threat to security from this part of the Access Plan does not seem to be the consensus within the neighborhood. The concerned people should be encouraged by the good, quick emergency response within the City. The value of the site is greater than the monetary value it would receive if it was sold to an adjacent landowner. If the City ever wanted to regain ownership, they would pay the difference in value for that garage owner between the property with that access as private property compared with the access being public property. /? TAPE #1486 City Council Reg. Mtg. Minutes August 20, 1997 Page 19 of 19 Lisa Garl&nd, Bremerton resident, stated her opposition to the amendment, she was impressed with the response within her neighborhood to maintain a neighborhood feeling and she is encouraged that others are opposed to the City vacating this right- of-way. Mr. Overson stated he has received considerable input that strongly supports retaining the subject area as a view site and that it remain part of the Waterfront Access Plan. He agrees with the reasoning of that public input and encouraged Council to remove it from the proposed ordinance. Mr. Montqomez-f stated he views this as a very unacceptable loss of view area. If the garage is on public land, it must come down, or the City is making the statement that it condones its right to be on that right-of-way. For the past 2 1/2 years, he has been working to resolve a problem, within his District, where a garage extends 12 feet into City right-of-way. He will not support this amendment as presented. He will support immediate action to remove the garage at the owners expense. Mr. M¢Connell stated he agreed with those who support retaining the viewpoint. View access properties owned by the City are scarce and need to be preserved. President Fart stated he could not support the proposal as presented. He believes giving away a public access to the beach and view sights would be a mistake. Mr. ~ouqh asked Council President Farr to announce how the continued public hearing will be handled at the August 27 City Council meeting. President Fart stated additional testimony will be taken on the issues heard during this public hearing; however, he asked that those who had testified not repeat their comments at the hearing on August 27. President F&rr thanked the TV camera crew for their services: Neal and James Nobel Jr. Bob With no further business meeting adjourned at 7:53 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton PJ/RN/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Parks and Recreation Commission FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September 3, 1997 Executive Mayor Horton Auqust 2~, 1997 2. CLEARANCES: (com~ent on back if necessary) 3. EXHIBITS: Application for Appointment COUNCIL PRESIDENT~a~--~ ~-~'. . / 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL A~TION: There is a vacancy on the Parks and Recreation Commission. It is recommended Nick Garguile Sr. be appointed to fill the vacancy. 8. RECOMMENDATION: Motion to confirm the appointment of Nick Garguile Sr. to the Parks and Recreation Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: ~ 2. C~EARANCE COMMENTS: _ _ 5. IMPACT ON NON-PASSAGE: Less than full membership on the Parks,and Recreation Commission 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: N/A 7. RESEARCH SOURCES: N/A C I T Y O F B R E M E R T O N A~PLIOATION FOR CITY BOAR/)$/COM)4ISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and the public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) / DATE: 7/~//q ?.. (If retired please indicate former occupation/pro~es$ion) PROFESSIONALICOM~UNITY ACTIVITIES: ADDITIONAL PERTINENT INFORMATION/REFERENCES:./~/~ Please return to: MAYOR'S OFFICE City of Bremerton 239 Fourth Street Bremerton, WA 98310 ? Date , (Applications will be reviewed periodically to determine continued availability.) I am interested in serving on the: (Please check one or more) ( ) Planning Commission (~ Park Board ( ) Civil Service Commission ( ) Housing Authority Board ( ) Cable Cc~muni ca t ions Advisory Cccmi t tee ( ) Handicapped Action Committee ( ) Ethics Commission ( ) Library Board '1. SUBJECT: EMS Heliport License Agreement AGENDA BILL BREMERTON CITY COUNCIL .9 -3- 97 FOR AGENDA OF: ORIGINATING DEPT: Fire ORIGINATOR: Al Duke DATE SUBMITTED: 8~20~97 2. CLEARANCES.'~./-Gomment of back if necessary) 3. EXHIBITS: EMS Heliport License Agreement City Attorney Director of Administrative Services-L~ Budget&Finance .~~ ~rat INFORMATION APPROVED BY C.._~UNCIL PR..F..SIDENT FOR SUBMITTAL: COUNCIL PRESIDENT _ . ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: To allow the Mayor to enter into an agreement for the City with Harrison Hospital to apply for a grant with the Department of Transportation for development of a heliport located on its' facility at 2520 Cherry Avenue. The agreement would also make available the heliport for Fire Department use. 8. RECOMMENDATION: That the City Council allow the Mayor to enter into the EMS Heliport License Agreement with Harrison Hospital on behalf of the City of Bremerton. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED COUNCIL DIRECTIVE: TABLED. 10. NOTICE OF ACTION APPROVED DISAPPROVED AMEN~ 11. AGENDA BILL NO: <~"",,~ 5. IMPACT ON NON-PASSAGE: Harrison Hospital will continue to use Bremerton Middle School for a Heliport site. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: Filed for Record at Request off When Recorded Return to: Name Bremerton City Clerk Address 239 Fourth Street BremertQn, Washington 98337 Document Title: EMS Heliport License Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: Harrison Memorial Hospital Grantee's Name: City of Bremerton Abbreviated Legal Description: Not Applicable Assessor's Property Tax Parcel/Account Number: Not Applicable EMS HELIPORT LICENSE THIS AGREEMENT is made and entered into this __ day of 1997, by and between the City ofBremerton, a first class municipal corporation, (hereinafter referred to as "City"), and Harrison Memorial Hospital (hereinafter "Grantor"). WHEREAS, Grantor is the operator of a hospital complex at 2520 Cherry Avenue, Bremerton, Washington, with a rooftop suitable for an EMS heliport which it wishes to make available for emergency medical helicopter patient transfers from City EMS personnel along with its own patient transfer; and WHEREAS, the City is willing to provide funding for development of a heliport on Grantor's facilities through grant funding from the Washington State Department of Transportation, Division of Washington State Aeronautics (hereinafter "Department "); now therefore, FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein and other valuable consideration, the City and Grantor hereby agree and covenant as follows: 1. GRANT OF LICENSE: Grantor does hereby convey and grant to the City a license for the use of a heliport to be developed by Grantor on the roof of its hospital facility located at 2520 Cherry Avenue, Bremerton, Washington. Subject to the following conditions: A. The City will act as the public entity sponsor in applying to the Department for EMS HELIPORT LICENSE - 1 - EMS.LIC - Agreements Disk 13 - 8/14/97 funds for ninety percent (90%) of the equipment, construction, design and construction of the heliport. Grantor will provide the balance of funding for completion of the project. The Grantor, in its sole discretion, shall decide whether to proceed with the project based on the City's grant fund commitment from the State. If the City is unable to obtain funding, or obtains insufficient funding in the judgment of the Grantor within 180 days, this Agreement shall be null and void. B. Upon the Department's satisfactory funding commitment, Grantor shall construct the project and supply a summary of development costs and detail, as needed, to the City for reimbursement to the Department. The City will reimburse Grantor for invoiced expenses from funds received from the Department. The City is not responsible for any financial obligation, beyond the pass through of funds from the Department. This agreement shall not be construed as a waiver of Grantor's responsibility to apply for all necessary construction permits and to comply with all applicable City land use regulations. C. Grantor shall maintain the heliport in safe and serviceable condition throughout the term of this License. City shall have no operational or maintenance responsibility. D. This license is non-exclusive and the Grantor may grant the right to use the site to other parties for medical or emergency purposes as it deems appropriate; Provided, however, no commercial helicopter traffic shall be permitted by Grantor. 2. INDEMNITY: Grantor and City agree to defend and hold harmless the other party from all claims and liability due to the negligent acts, error or omissions of its agents or employees arising from this licence. 3. TERM: This license will run for an initial term of twenty (20) years from the date of execution, unless voided under paragraph 1 above, and shall remain in effect after the initial term unless terminated upon 90 days written notice by either party. 4. GOVERNING LAW: The place of making this Agreement shall be deemed to be the State of Washington, and the legal rights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. 5. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and conditions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of any such suit shall properly lie in Kitsap County, State of Washington. 6. SEVERAB1LITY: In the event that any section, or any part of any section, or this Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 7. ENTIRETY: This Agreement constitutes the entire agreement and understanding between the parties hereto. There are no other agreements or understandings, either written or oral, EMS HELIPORT LICENSE - 2 - EMS.LIC - Agreements Disk 13 - 8/14197 which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first above written. HARRISON MEMORIAL HOSPITAL BY: BY: CITY OF BREMERTON BY: DEPARTMENTAL APPROVAL: LYNN HORTON, Mayor ALLISON DUKE, III, Fire Chief APPROVED AS TO FORM: IAN R. S[EVERS, City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK STATE OF WASHINGTON COUNTY OF KITSAP SS. On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ., to me known to be the of Harrison Memorial EMS HELIPORT LICENSE - 3 - EMS.LIC - Agreements Disk 13 - 8/14/97 Hospital, the Hospital that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Hospital, for the uses and purposes therein mentioned and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under my hand and official seal this day of .,1997. Notary Public in and for the State of Washington, Residing at My appointment expires: STATE OF WASHINGTON ) COUNTY OF KITSAP ) SS. On this day, personally appeared before me Lynn S. Horton, Mayor of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of ,1997. Notary Public in and for the State of Washington, Residing at My appointment expires: EMS HELIPORT LICENSE - 4 - EMS.LIC - Agrecmcnls Disk 13 - 8/14/97 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION #2623 A Resolution to be placed on the November 4, 1997 Ballot for Emergency Medical Care and Services Tax. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: ~7~ -E 7 Fire Al Duke 8/20/97 2. CLEARANCES: Director of Admi~.~se~Ces'~.*o_j,C...~- City Attorney ~ Comment of back if necessary) 3. EXHIBITS: Resolution Budget & Finance Operations Corn mittej~_~-'~~ ENDORSEMENTS APPROVED BY~~S~N~ SUBMITTAL: COUNCIL PRESIDENT \~-'. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A Resolution setting forth a Property Tax Levy to fund Emergency Medical Services for submission to the voters of the City of Bremerton, for approval and ratification or rejection, at the General Election on November 4, 1997. 8. RECOMMENDATION: The Fire Department administration recommends immediate passage of this resolution in order to submit to the County in tinge for the General Election. To pass Resolution #2623, setting forth a property tax levy to fund emergency medical services for submission to the voters of the City for approval and ratification or rejection at the election to be held on November 4, 1997. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED COUNCIL DIRECTIVE: TABLED '10. NOTICE OF ACTION APPROVED DISAPPROVED AMEN 11. AGENDA BILL NO: f 7- ¢:~O / 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: There would not be an immediate impact on the budget or services at this time. have to be run again next year, the expiration date is December 31, 1998. The levy would 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The immediate impact would be a $310,000.00 increase to the General Fund. With this increase the Department would like to upgrade and/or increase one staff position, add a public educator and increase the staffing on the floor by four employees, one firefighter and three firefighter/paramedics. There are several capital purchase needs that also exist in the Fire Department that might be met with passage of this levy. 7. RESEARCH SOURCES: RESOLUTION NO. ~ ~ A RESOLUTION setting forth a property tax lev!; to fund emergency medical services for submission to the voters of the City for approval and ratification or rejection at the election to be held on November 4, 1997. WHEREAS, it is deemed necessary to the public health, safety and welfare that the City of Bremerton (the "City") provide emergency medical care and emergency medical treatment to its citizens. WHEREAS, the Fire Department of the City of Bremerton is in need of monetary funds for the present and future funding of its emergency medical service. WHEREAS, a property tax lev2/ would perpetuate and enhance the Bremerton emergency medical services program by funding personnel costs, training and related equipment, supplies, vehicle and structures needed for the provision of such care or services not including the costs of transportation to and from medical treatment facilities, now, therefore BE IT RESOLVED by the City Council of the City of Bremerton at its regular session, that at the election to be held on November 4, 1997, there shall be submitted a proposition for a property tax lev!/ in an amount equal to 50 cents per thousand dollars of the assessed value of real and personal property located within the City to qualified voters of the City of Bremerton for approval or rejection in the form set forth below: PROPOSITION NO.1 EMERGENCY MEDICAL CARE AND SERVICES TAX Shall the City of Bremerton, in order to continue financing emergency medical care and services, levy of Fifty cents ($.50) per ($1,000.00) of assessed valuation consecutive years beginning in 1998. authorize a total tax One Thousand Dollars for each of six (6) YES NO PASSED by the City Council of the City of Bremerton this day of DAVID PARR, Council President ATTEST: LYNN S. HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Approved: IAN SIEVERS, City Attorney ~,~,./d e ~' 1. SUBJECT: Ordinancg/amending the penalties for violation of the City Building Code AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: August 27, 1997 ORIGINATING DEPT: Legal ORIGINATOR: I. Sievers, City Attorne,~_~_' ,~ DATE SUBMITTED: Aug. 18, 197 2. CLEARANCES: (Comment on back if necessary) Donald Pratt, Director Community Development 3. EXHIBITS: Proposed ordinance COUNCIL COMMITTEES ENDORSEMENT~ INF ORMATI~)N [1 APPROVED BY COUNCI~r~.,xKESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A recent case has found that courts of limited jurisdiction, such as mu~,cipal court, are only authorized by court rule to issue search warrants upon probable cause to believe evidence of a criminal offense ma)Wfound, and not authorized to issue warrants for evidence of a civil infraction. Many of the model codes adopted in the City Building Code, BMC chapter 17.04., contain specific misdemeanor or gross misdemeanor penalties. However, other sections declare a violation to be "unlawful," and under the default penalty of BMC 17.04.110, these would be classified as civil infi'actions. Since these construction and fire code violations often require ~n-site inspection for successful prosecution, it is recommended that the default penalty be changed to a misdemeanor to allow search x~ arrants tb~issuecl. 8. RECOMMENDATION: Pass Ordinance 4,'d~ ~.$'on second reading. 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.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Search warrants could not be issued by the Municipal Court for some suspected Building Code violations. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: CrRLJ 2.3(b) ORDINANCE NO. z./g O ~' AN ORDINANCE amending the penalty for violations of the City Building Code, and: amending Bremerton Municipal Code 17.04.110. Section 1. Amendment. Section 1204.110 of the Bremerton Municipal Code is hereby amended as follows: 17.04.110 PENALTY FOR VIOLATIONS. Unless otherwise more specifically provided, any person, firm, or corporation violating any of the provisions of the City Building ~ Code shall be deemed to have committed a civil infi-aetion misde~0r and shall be deemed to have committed a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the building code is committed, continued or permitted. (Ord. 4418 § 1 (in part), 1993). Approved by the City Council of the City of Bremerton this day of 1997. 1997. Passed by the City Council of the City of Bremerton this day of Approved this day of DAVID FARR, Council President ,1997. ATTEST: LYNN S. HORTON, Mayor KATHLEEN McCLUSKEY, CityClerk BldgCt×lc Amd-Orchmmcc I)isk 2 - 8/I 9/97 AGENDA BILL BREMERTON CITY COUNCIL O~DINANCE ~'/4606 SUBJECT: 1997 Docket of Comprehensive Plan Amendments, related Rezones, and the adopting ordinances. FOR AGENDA OF: Auqust 20 & 27, 1997 ORIGINATING DEPT: DCD/Planning _./~ ORIGINATOR: Ron W. Houqh DATE SUBMI'I-FED: Auqust 14, 1997 CLEARANCES:~ if necessary) City Att o rney~~'~"~'-~ Dir. Comm. Dev. ~¢'~~ 3. EXHIBITS: Staff Reports Planning Commission Resolution Comp. Plan Amendment Ordinance < ~ ~ , / Zoning Map Amendment Ordinance Fiscal & Budget Com~~ '-"~ ¢-~-~,---¢~ Planning Commission Minutes Operations Comm. (~-~_./_.---¢'~~'--~ -- ENDORSEMENT'~ INFO, RMATION__ APPROVED BY COUNCIL PRESIDE, E, NT FOR-SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Bremerton Comprehensive Plan may be amended only once each year. The process begins with the April 1 deadline for applications. This year's ten amendment proposals were submitted to state agencies and other individuals and jurisdictions for review, and were processed by staff and the Planning Commission before arriving at the City Council for final public hearings. Six proposals, if approved, will require Rezones to maintain Plan/Zoning consistency. To expedite the process, the Planning Commission has considered the Rezones at public hearings and staff has scheduled both the Plan Amendments and their related Rezones for simultaneous action by the City Council. Because of the number of proposals, and the complexity of some, the public hearing has been divided into two parts. It will begin on August 20 and continue to August 27 to allow time for questions and discussion. 8. RECOMMENDATION: [for August 27] (l) City Council passes ORDINANCE ¥/4606 on second r&ading, adopting Bremerton Comprehensive Plan as amended. (2) City Council Passes ORDINANCE ¢/4607 9. RESPONSIBLE OFFICIAL: on second reading~'~r~v~sfn~'~he ' ENFORCEMENT OFFICIAL: Official Zoning Map Of The City Of EXPIRATION DATE: Bremerton to Maintain Consistency With REVIEW DATE: 1997 Comprehensive Plan Amendments 1997 amendments to Donald L. Pratt 10. NOTICE OF ACTION: PULLED TABLED__ APPROVED__ DISAPPROVED A~ the COUNCIL DIRECTIVE: DATE: 1t. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Most of the proposed amendments are development-related. The applicants are attempting to change the City's Plan and Zoning in ways that they feel are positive and that will allow new homes, apadments, commercial and industrial development. They are awaiting the City's decisions. Non-passage will uphold the current Comprehensive Plan and Zoning for the affected properties and the applicants will not be able to carry out their development plans. Denial will not seriously affect most of the proposals. Exceptions are the annual Capital Facilities Element updates, which are directly related to the City's CIP and Budget, and the Smith Cove proposals which will affect the expansion of Evergreen Park and the future use of contaminated former industrial areas. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Approval of these changes may slightly inci'ease the review and permit processing demands of staff if new development occurs as a result. This would be considered a positive impact on the City. None of the proposed amendments or rezones are expected to significantly impact departmental budgets, staffing, facilities or equipment needs. 7. RESEARCH SOURCES: ORDINANCE NO., AN ORDINANCE adopting 1997 amendments to the Bremerton Comprehensive Plan. · WHEREAS, the City of Bremerton adopted its revised Comprehensive Plan by Ordinance No. 4545 in February 1996; and WHEREAS, requested and proposed amendments to the Plan were docketed in accordance with an adopted procedure for amending the Plan once per year, were processed through the Planning Commission public hearings in May and June, and were submitted for a mandatory 60-day review by state agencies on June 11, 1996; and WHEREAS, the Bremerton Pla.nning Commission, following its public study sessions and hearings during May and June 1996, recommended City Council adoption of the proposed amendments, as presented, subject to any adjustments that may be necessary as a result of public testimony and comments from state agencies; and WHEREAS, the Bremerton City Council conducted public hearings on these proposed amendments on August 20 and 27, 1997 to accept additional public comments and to consider the recommendations of the Planning Commission and state agencies; now therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Bremerton Comprehensive Plan Map is hereby amended in the West Hills neighborhood south of Roosevelt Avenue to change the designation from "Utility (U)" to "Medium Density Residential (MDR)", as shown in attached Exhibit "A", on a small portion of a City reservoir site that has been surplussed and may be sold for residential development. Section 2. The Comprehensive Plan Map is hereby amended on the east side of Wheaton Way, north of Dibb Street, to change the designation of two lots from "School (S)" to "General & Highway Commercial (C-G)", as shown in attached Exhibit "B". Section 3. The Comprehensive Plan Map is hereby amended in the vicinity of the Auto Center district to change the designation of four lots, consisting of about 22 acres, from "General and Professional Office (C-P)" to "Industrial Park (IP)", as shown in attached Exhibit "C". Section 4. The Comprehensive Plan Map is hereby amended to change the designation of two small lots, comprising about one-third acre total area and located on the south side of Broad Street from "General & Highway Commercial (C-G)" to "Medium Density Residential (MDR)", as shown on attached Exhibit "D". 1997 Plan Amend. Ord. --- Page 1 Section 5. The text of the Comprehensive Plan is hereby amended to incorporated the annual update of the Capital Facilities Program portion of the Capital Facilities Element, as attached hereto as Exhibit "E". Section 6. The Comprehensive Plan Map is hereby amended to expand the "Parks (P)" designation north of Sheldon Boulevard and Thirteenth Street, south of Smith Cove, and to expand the "High' Density Residential (HDR)" designation to include two additional lots on the east side of Highland Avenue, as shown in attached Exhibit "F". Section 7. The Land Use Plan maps contained within the Comprehensive Plan are hereby amended to eliminate the designation "Cemetery (C)" and change all areas currently designated "C" to "Low Density Residential (LDR)", as shown in attached Exhibit "G". Section 8. The text of the Comprehensive Plan is hereby amended to add descriptions of the land use designations used on Plan map, as contained in attached Exhibit "H". APPROVED by the City Council on the first reading this day of August ,1997. 27th 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: 1997 Plan Amend. Ord. -- Page 2 Exhibit "A" HARBOR HEIGHTS APARTMENTS --- Plan Amendment: This amendment changes the designation of the area shown below from "Utility (U)" to "Medium Density Residential (MDR)". All other portions of the site proposed for the Harbor Heights Apartments development are currently designated "MDR". This amendment brings the entire site under that designation and allows the surplus Utility land to become part of the development. Map Amendment: Area to be amended from "U" (Utility) ~ to "MDR" (Medium Density Residential) ! Area recently annexed to the City. Designated "MDR". Zoned "MF" (MUlti-family Residential) 1997 Plan Amend. Ord. -- Page 3 Exhibit "B" BREMERTON SCHOOL DISTRICT--- Plan Amendment: This Plan Map amendment will allow the School District to sell two lots of surplus property for commercial development. The lots front on Wheaten Way and are adjacent to other commercial properties to the north and south. The Plan designations of the two lots are changed from "School (S)" to "General & Highway Commercial (C-G)". C-G MDR C-.P Change the Plan designation on the subject property from "S" to "C G" LDR - LDR C-G: MU LDR U 1997 Plan Amend. Ord. -- Page 4 Exhibit ~C~ AUTO CENTER AREA INDUSTRIAL --- Plan Amendment: This amendment applies to four lots (about 22 acres) located on the hillside above and to the west of the Auto Center district. The property is currently planned and zoned for office development. The amendment will change the designations of these lots from "General & Professional Offices (C-P)" to "Industrial Park (IP)". "1"1,.' I I ~, ~ I "' I . . ,., , ,l ,, ,~ HI The Plan designation of the shaded area is changed from "C-P" to "IP" P HI rRd. P C-G i 1997 Plan Amend. Ord. -- Page 5 Exhibit "D" BROAD STREET RESIDENTIAL--- Plan Amendment: This amendment changes the designation of two small lots from "General & Highway Commercial (C-G)" to "Medium Density Residential (MDR)". The lots are too small and too far removed from Wheaton Way to be suitable for co .mmercial development. With the recent development of Broadmore Village, the west end of Broad Street has become a viable residential neighborhood. This change is consistent with that trend. MDR E. Broad Street .D. C-G 1997 plan Amend. Ord. -- Page 6 Exhibit a~E' CAPITAL FACILITIES ELEMENT AMENDMENTS; Draft Revisions August 12, '/997 Bremerton Comprehensive Plan CAPITAL FACILITIES ELEMENT Part 2 of 2: Capital Facilities Program Prepared by: BREMERTON PLANNING Adopled: April 5, 1995 Revised: October 23, 1996 1997 Plhn Amend. Ord. -- Page 7 Exhibit SOUTH SMITH COVE--- Plan Amendment: This amendment changes the designation of lands along the north side of Sheldon Boulevard and Thirteenth Street from "Mixed Use/PUD (MU)" to "Parks (P)". This will achieve consistency with the master plan for the expansion of Evergreen Park and prevent commercial or industrial development from disturbing documented soil contamination areas immediately south of Smith Cove and north of Sheldon/Thirteenth. The Plan designations on two lots on the east side of Highland Avenue are changed from "Mixed Use/PUD (MU)" to "High Density Residential (HDR)". PROPOSED Plrk Mixcd Use Hcighbofhood Con¥cnicnc¢ Low Density Residential Medium Dcnfity Residentill High Density Residential Current __HDR~ 1997 Plan Amend. Ord. -- Page 8 Exhibit ggG REMOVAL OF "Cemetery" DESIGNATION --- Plan Amendment: This amendment eliminates the designation "Cemetery (C)" from all Comprehensive Plan maps to remove the potential for confusion and conflicts with zoning. This change affects only two areas of the City, as shown below, and will have no effect on the ability of an existing cemetery to expand in the future in accordance with the provisions of underlying zoning. The Plan designation of all areas currently designated "Cemetery (C)" are hereby changed to "Low Density Residential (LDR). Location Maps: A: West Bremerton Land Use Plan 07ster Bay' HDR C-P B: Central Bremerton Land Use Plan --.. 1997 Plan Amend. Ord. -- Page 9 Exhibit "H" Land Use Designations Land Use DESIGNATION DESCRIPTION LDR Low Density Residential: This designation includes existing and proposed residential neighborhoods at densities of 8 dwellings per acre or less. It is applied to areas that don't have the levels of urban services needed for higher density development, or that have terrain, sensitive areas (wetlands, creeks or shorelines), poor access, or special amenities (views) .that are best prgtected through low density development. Large lots are allowed in LDR zones, especially in areas without sewer service. Developers are encouraged to cluster development on smaller lots in exchange for open space through lhe PUD process to make the best possible use of the sile. Four Primary Residential Zones are directly consistent with this Plan designation (SF- 1, SF-2, SF-3, and DR). The Limited Parking Overlay (LPO) and Parks & Schools (PS) zones are also consistent with all residential Plan designations. Small "secondary zones" may be approved within larger residential developments to serve local needs for convenience shopping, employment, education or recreation. MDR Medium Density Residential:' This designation is applied to the older higher- density residential neighborhoods of Central Bremenon where lots are small and mixed development is common or desirable. Other areas may be designated MDR when found to be suitable for the 8-18 units per. acre density level. Such areas are generally near transportation corridors and shopping/employment concentrations, and have adequate availability of urban services and facilities. MF and CBR are tile primary zones in this designation. They allow virtually all types of residential'development, including single-unit homes and duplexes on small lots, multi-unit developments, townhouses, and boarding houses. Limited mixed uses are permitted in these zones to provide convenient services to neighborhoods without causing land use conflicts. IIDR lligh Density Residential: This designation allows the City's highest densities (more than 18 units per a.cre) and is dire.ctly consistent with the "MR" zone which allows up to 44 units per acre. HDR areas are intended primarily for locations along major transportation corridors, within and around the Central Business District and smaller business districts, and where such development can take advantage ol~ unique views or such amenities as shorelines, recreational facilities, or access to ferries or buses. Utilities, services and transportation must be adequate to serve HDR development. C-G General & Highway Commercial: This is the City's most intense commercial designation. It provides for tile "GB (General Business)" and "SC (Shopping Center)" zones, both of which are automobile oriented and desigqed for application along highways and major arterial streets having high Iraffic volumes, direct aulo access, and maximum drive-by visibility. These locations arc suilablc for such "heavy commercial" uses as shopping centers, major grocery stores, auto services, auto repairs, motels, taverns, restaurants, adult entertainment, fast food, and large scale retailers that require very large structures'and expansive parking. Most types of businesses are permitted in these areas, along with office uses. Residential is permitted as a secondary use. 1997 Plan Amend. Ord. ~ Page 10 Land Use DESIGNATION DESCRIPTION C-P General & Professional Offices: This designation snpporls the "1'0 (Professional Office)" zone. It's applied in locations that are uniquely suitable for office development, areas that have physical or Iocational features that might be less suitable for higher intensity uses, or areas in which off~ce development might provide a buffer or transition between two zones that might otherwise conflict. Office districts may consist of a mixture of offices and support services such as copy and computer services, office machine repairs, or mail services. Light retail, such as a restaurant, book or stationery store, art supplies store, delicatessen, or newspaper/magazine shop are usually compatible with this district. CBD Central Business District: This is downtown Bremerton. This desigation supports a number of zone.s, including BC. (Business Core), GB (General Business), PO (Professional Office), and the medium and high density residential zones MF and MR. The URD (Urban Renewal District) is on the CBD waterfront. The CBD is intended to provide a mix of uses that includes ~:etail at the street level of the primary pedestrian streets, with offices, apartments, studio lofts, and other uses on the upper levels. The downtown zones allow the highest residential densities in the City with the fewest development limitations. Residential zones (MF and MR) may be permitted on side streets at densities up to 44 units per acre where it can be demonstrated that pedestrian retail is less important tha.n close proximity of full time downtown residents. CBD development should be designed to encourage walking, shopping, browsing, and tile use ofpublic transit, bicycles and tile ferry system to reduce the importance of tile private automobile in this compact downtown environment. NC Neighborhood Convenience: This designation supports the "NB (Neighborhood Business)" ~:one and is intended to provide small scale convenience services and retail goods within small neighborhood service areas. This dislrict is often centrally located within neighborhoods and should minimize vehicular traffic and encourage short-distance walking. It should not include businesses with regional markets Ihat bring traffic from other areas. Neighborhood Convenience centers often consist of small "Mom & Pop" markets and may also include such personal services as a barber/beauty salon, day care center, neighborhood or senior center, and other activities that might benefit the surrounding neighborhood. MU Mixed Use/PUD: Tfiis designation'is intended for areas that are in transition, usually from residential to commercial or industrial, or lhat are in a lransilional location, such as between a residential neighl~orhood and a commercial district: Tile "MX (Mixed Use)" zone is the primary zone and leans toward commercial development with residential allowed as a secondary use. In cases where tile MX zone doesn't provide tile needed flexibility, the MU Plan designation promotes mixed use developments through thc PUD process. Single purpose developments that don't require a PUD and can't be buill within lhe parameters of Ibc MX so. ne should slot be designated MU. 1997 Plan Amend. Ord. ~ Page 11 Land Use DESIGNATION DESCRIPTION HI lteavy Industrial: This designation is applied to thc City's least sensitive areas and areas most suitable for. large-scale industrial uses. It supports the "IG (Industrial General)" and "MX (Mixed Use with industrial emphasis)" zones. Such uses include manufacturing, warehousing, trucking operations, motor vehicle sales and service, large open display lots, and are often accompanied by extensive outdoor stoi'age of supplies, vehicles, heavy equipment, products, or other materials. Businesses that typically generate noise, dust, odors, operate at late or odd hours, or that otherwise might not be pleasant neighbors could expect to find a home in the l-il district. This district is placed as close as possible to major highways, freeways, airports and rail lines, and as far as possible from residential neighborhoods and other sensitive land uses. IP Industrial Park: This designation supports the "IP (Industrial park)" and "MX (Mixed Use with light industrial emphasis)" zones. It is intended to provide areas for a mix of office, wholesale, trade and distribution, bulk retailing, and light manufacturing in a Iow-density, campus-like environment. The district should be designed to minimize adverse impacts on adjacent areas and to present an attractive well-landscaped appearance. Businesses located within an Industrial Park should be contained within buildings and have very little, if any, outdoor storage other than business-related vehicle parking. Ali areas of the Industrial Park should be landscaped with grass, shrubs, trees, etc., and all roads, driveways and parking areas should be paved. Preserved open space areas might include such employee amenities as walking/jogging palhs or bike paths to encourage exercise or alternative commuting. BP Business Park: This designation was designed for very unique situations. It allows small and very unobtrusive businesses to locate within or adjacent to residential neighborhoods. The primary zones are "BP (Business Park)", "PO (Professional Office)", and "MX (Mixed Use witli business emphasis)". These zones allow a limited variety of Iow-intensity commercial, office and manufacturing businesses that are most compatible with residential neighbors. Care should be taken to ensure that development within the BP district is attractive, well-landscaped and an asset to the neighborhood in which it is located. This designation may also serve as a buffer or transitional district. RE Resource Extraction: This designation is reserved for possible application to areas that may be identified as mineral resource sites of commercial s!gnificance that ;hould be protected from other types of development. The City has not used this designation because all known mineral/gravel resource extraction sites within the City are already permitted, are in operation, and are zoned appropriately for industrial use. The RE designation could be applied'as the long-range intent on lands that are in a different short-term use. A phased zoning approach may work well in such a situation. T Transportation Facilities: This designation has been applied to major transportation facilities of regional significance, such as the ferry terminal and Kitsap Transit's bus maintenance and storage facilities. It might also be applied to locations found to be uniquely suited for commuter parking lots, heliports, etc. There is no zone that is specifically related to this Plan designation, but all commercial and industrial zones are considered appropriate. 1997 Plan Amend. Ord. -- Page 12 Land Use DESIGNATION DESCRIPTION P or OS Parks or Open Space: Ali active public parks and recreation areas and major passive open space areas are designated either "P (Park)" or "OS (Open Space)" on the Comprehensive Plan maps. The primary zone is "PS (Parks & Schools)" S School: All public schools are designated "S" on the Comprehensive Plan and are zoned "PS (Parks & Schools)". Private schools are not so designated but are included wilhin their host zone. H Hospital: Harrison Hospital and the Naval Hospital in Jackson Park are designated "H" on the Plan maps. This designation is intended to show the locations of these facilities and not to determine their physical size. Hospitals are allowed in the "HC (Health Care)", "GB (General Business)" and "BC (Business Core)" zones. PW Public Works: This designation is intended to show the location of the City's major public works facility on Oyster Bay Avenue. It does not determine the physical size of that facility. Public Works facilities are allowed in the "IG (Industrial General)" and "IP (Industrial Park)" zones. U & UL Utilities & Utility Lands: The"U (Utilities)" designation shows the location of the City's main Utilities and Engineering offices on Olympus Drive in East Bremerton. Mosl utilities and their offices are permitted in other zones and don't require designation on the Plan maps. The designation "UL (Utility Lands)" is applied to major areas that are owned and operated by the City's Utility, primarily in areas west of Gorst. WS Watershed: This designation is applied only to the City's Union'River Watershed that surrounds and protects the reservoir behind Casad Dam. The related zoue is "WS (Water Supply)" which is a very restrictive zone intended to protect the water resource. Military This is a Iocational designation intended only to identify major military facilities such as Puget Sound Naval Shipyard, Jackson Park and the Naval llospital at Jackson Park. These facilities are also designated according to their primary uses. Only PSNS has a Plan designation but remains unzoncd. 1997 Plan Amend. Ord. m Page 13 ORDINANCE NO. 7' AN ORDINANCE revising the Official Zoning Map of the City of Bremerton, Washington to Maintain Consistency with 1997 Comprehensive Plan Amendments. WHEREAS, the City of Bremerton may amend its Comprehensive Plan once each year and the City Council has completed action on the 1997 docket of Amendments; and WHEREAS, the City of Bremerton maintains development codes that are consistent with its Comprehensive Plan and with the requirements of the Growth Management Act, and which include the Zoning Code and Official Zoning Map, which were both re-adopted on April 9, 1997 following major text revisions; and WHEREAS, some of the 1997 Comprehensive Plan Amendments were site specific and require related zoning adjustments to maintain Plan/Zoning consistency; and WHEREAS, public hearings were conducted by the Bremerton Planning Commission on July 15 and August 19, 1997 to consider Plan-related zoning adjustments prior to making formal recommendations to the City Council; and WHEREAS, the Bremerton City Council conducted public hearings on August 20 and August 27, 1997 t'o accept public comments pertaining to the proposed zoning adjustments and to consider the Planning Commission's recommendation; now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to change the zoning of specific portions of the proposed Harbor Heights Apartments development site from the present designations of"FM (Forest Management)" and "SF-3 (Residential, Low- density)" to "MF (Residential, Medium-density)", as described in attached Exhibit "A". Section 2. The Official Zoning Map is hereby amended to change the designations of two lots, located on the east side of Wheaton Way, north of Dibb Street, from "PS (Parks & Schools)" to "GB (General Business)", as described in attached Exhibit "B". Section 3. The Official Zoning Map is hereby amended to change the designation of four lots, consisting of approximately 22 acres, in the Auto Center area from "PO (Professional Office)" to "IP (Industrial Park)", with conditions, as described in attached Exhibit "C". 1997 Zoning Map Amendment Ord. -- Page 1 Section 4. The Official Zoning Map is hereby amended to change the designation of two lots on the south side of Broad Street, west of Wheaton Way, from "GB (General Business)" to "MF (Residential, Medium-density)", and approving a Special Zoning Ordinance Exception for the abutting commercial lot, as described in Exhibit "D". Section 5. The Official Zoning Map is hereby amended southeast of Smith Cove by expanding the "MR (Residential, High-density)" zone northward to include two additional lots on the east side of Highland Avenue, as described in Exhibit "E". APPROVED by the City Council on the first reading this 27th day of August ,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: CPA-97:zma-97.ord 1997 Zoning Map Amendment Ord. m Page 2 Exhibit "A" REZONE: Harbor Heights Apartments' The area described and shown on the map below are hereby changed from "FM (Forest Management)" and "SF-3 (Residential, Low-density)" to "MF (Residential, Medium-density)". REZONE: Change from "FM (Forest Mar~ to "MF (Residential, Medium-density)". FM IG Change from "SF-3 (Residential, Low-density)" to "MF (Residential, Medium-density)". MF IG/ LEGAL DESCRIPTION: That portion of the Northeast quarter of the Northeast quarter of Section 28, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington AND that portion of block 11, Ole Hanson's Navy Yard Addition, as per Plat recorded in Volume 4 of Plats, page 56, records of Kitsap County, Washington, described as follows: Commencing at the Northeast comer of said Section 28; thence North 88 °32'06" West along the North line of said Section 28 a distance of 539.97 feet to the Point of Beginning; thence North 7*08'25" east 93.99 feet to the beginning of a 50 foot radius curve; thence along said curve to the left through a central angle of 50'10'30" for an arc distance of 43.79 feet; thence North 43'02'05" West 44.52 feet to the center line of Jones Street being a point on a curve whose radius point bears North 43 ° 02'05" West 475.00 feet; thence southwesterly along said center line being a curve to the right through a central angle of 16*36'53" for an arc distance of 137.74 feet; thence South 26°25'12'' East 38.08 feet to the beginning of a 50 foot radius curve; thence along said curve to the right through a central angle of 33033'37'' for an arc distance of 29.29 feet; thence South 7008'25'' West 37.41 feet; thence South 88032'06'' East 125.62 feet; thence North 7008' 25" East 15.07 feet to the Point of Beginning. 1997 Zoning Map Amendment Ord. -- Page 3 Exhibit "B" REZONE: Bremerton School District --- Wheaton Way The two lots described below are hereby changed from "PS (Parks & Schools)" (General Business)". to "GB F/ GB- GB PO 33R0 57. PS Legal Description: .Parcel "A": The West 225.00 feet of Lot 3, Plat of Sylvan Park according to the plat recorded in Volume 6 &Plats page 45 and located in a portion of the SW quarter of the SW quarter of Section 1, Township 24 N, Range I E, W.M., EXCEPT the West 6.00 feet thereof deeded to City of Bremerton under Auditor's File Number 8611260137 records of Kitsap County, Washington. Parcel "C": The West 225.00 feet of Lot 2, Plat of Sylvan Park according to the plat recorded in Volume 6 of Plats, page 45 and located in a portion of the SW quarter of the SW quarter of Section 1, Township 24 N, Range 1 E, W.M., EXCEPT the West 6.00 feet thereof deeded to City of Bremerton under Auditor's File Number 8611260137 records of Kitsap County, Washington. PS E. F-3 1997 Zoning Map Amendmeiat Ord. -- Page 4 Exhibit REZONE: ¢gC99 Auto Center Area Industrial The four lots shown on the map below are hereby changed from "PO (Professional Office)" "IP (Industrial Park)", with the following conditions to be applied to Lots A, Bi and C only: Bo to New Development shall be designed to encourage a campus-like arrangement of buildings, parking, pedestrian walkways and open space. All areas not paved or built upon shall be landscaped or left in natural vegetation to minimize dust, mud and erosion. Development projects shall be designed to include a minimum of 15 percent open space, exclusive of required setbacks. When such open space is used primarily for hillside stabilization, visual enhancement, or sensitive area protection, the City shall consider waiving or reducing the requirement that 60 percent or more of the open space be used for active recreation. Outdoor storage of equipment, materials, products, etc., shall be placed toward the uphill side of buildings (not the view side) whenever feasible and/or effectively screened from view with landscaping or a combination of fences and landscaping. Assessor's I.D: Lot "A": 212401-2-145 Lot "B": 212401-2-146 Lot "C": 212401 - 1-082 Lot "D": 212401-1-074 PS Pendergast ~orts Complex '.. IP 1997 Zoning Map Amendment Ord. -- Page 5 Exhibit "D" REZONE: Broad Street Residential (2 lots) The area described and shown on the map below is hereby changed from "GB (General Business)" to "MF (Residential, Medium-density)" for the following two lots: Assessor's Account No: · (~) 4574-000-010-0204 (~) 4574-000-01 !-0104 A Zoning Ordinance Special Exception is hereby granted for the adjacent commercially-zoned lot (Assessor's Acct. No. 4574-000-012-00) to relieve future development on that lot from the required setback from the abutting residential zone that would have otherwise resulted from this Rezone. Two lots Rezoned from "GB" to "MF". MF Ee Broad Street GB SF-3 The Special Exception allows development to occur on this lot with no required setback from its west property line. 1997 Zoning Map Amendment Ord. -- Page 6 Exhibit "E" REZONE: South Smith Cove Zoning Adjustments As shown on the map below, the zoning of two lots on the east side of Highland Avenue is changed from "BP (Business Park)" to "MR (Residential, High-density)". PS Current Zoning: BP I Dt 5-1'. PI. Amended Zoning Map: Assessor's Identification: 1~) 3709-001-002-0103:0.27 ac. (~) 3709-001-003-0102:1.40 ac. PS 1997 Zoning Map Amendment Ord. -- Page 7 10. 1997 Docket of Comprehensive Plan Amendments & Rezones ADJUSTMENTS The following adjustments have been made to the maps and text of'the adopting ordinances per City Council direction on August 20, 1997. HARBOR HEIGHTS APARTMENTS: (west Hills area) ~ No changes necessary. BREMERTON SCHOOL DISTRICT: (2 lots on Wheaton Way) :~ No changes necessary. AUTO CENTER AREA INDUSTRIAL: (4 hillside lots in Auto Center) :~ No changes necessary. BROAD STREET RESIDENTIAL: (2 small lots on Broad Street) Added approval of a Special Exception to the map and text of the Rezone ordinance to relieve adjacent property from building setback requirement. SOUTH SMITH COVE: (mostly related to Evergreen Park expansion) $ Plan Amendment extends "Park" designation, as proposed. $ Zoning Adjustment leaves park expansion area "BP" but changes the zoning of two lots on the east side of Highland Ave. from "BP" to "MR". MERIT COMPANY: (northern 10 acres of a 20-acre lot) * Plan/Zoning Amendment requests denied. Removed from ordinances. WATERFRONT ACCESS PLAN AMENDMENT: Council denied the request to remove the "viewpoint" designation from the end of Eleventh Street Place. Removed from ordinances. LAND USE DESCRIPTIONS: · Approved as presented --- no change. REMOVAL OF "CEMETERY (C)" DESIGNATION: Plan Amendment Ordinance revised to state that lands formerly designated "C" are now designated "Low Density Residential (LDR)". No zoning changes proposed or necessary. CAPITAL FACILITIES ELEMENT UPDATE: · Three changes were made to the proposed revisions (attached). o rrl Population Forecast: 1990-2012 City of Bremerton, Washington 55 45 40 35 19901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012 Year lqKRPC/Brem I ';990-2001: "Existing Plans" forecast - Pugel: Sound Regional Planning Council (10/93)1 2012: Kitsap Regional Planning Council allocation (7/95) J ;~Year.~.::PlanYear KRPCIBrem ActUalBrem 1990 1991 1992 1993 1994 1995 1996 ~.997 il 1998 2 ~1999 3 2000 4 2001 5 2002 6 2003, 7 2004 8 2005 9 2006 10 '2007 11 2008 12 2009' 13 2010 14 2011 15 2012 ~6 38,142 38,142 38,483 37,040 38,824 38,990 39,165 36,380 39,506 35,920 39,847 39,610 40,188 38,370 40;529 .~' 38,600 40.870 41,211 4~,552 41.893 43,370 44,847 46,324 47,801 49,278 50,755 52,232 53,709 55,186 56,663 58,142 Total Increase %Increase Annual Increase %InCrease 1990-2001 2001-2012I 5,228 14,772j 13.7% 35.3% 436 1,477 1.1% 3.5% Municipal Buildings (2) Proposed Facilities The City conducted a preliminary facilities study in 1985 to consider the City's short-term and long-term facility needs. This study found that the City's existing facilities were generally inadequate to meet the City's current operating requirements, and that population growth would further increase facilities needs. The most critical needs identified at that time included: a substandard jail and crowded Municipal Court; dispersal of City administrative activities to various facilities; the quality of City Hall; and inadequate facilities for operational sections of Public Works. Several changes have been made since 1985, including closure of the jail, addition of the Permit Center, and construction of the new Oyster Bay Public Works & Utilities Operations Center. A follow-up Facilities Management Alternative Plans study was prepared in 1994 to help plan for near- to mid-term facilities needs for various City departments. Work on this study has been on hold, pending finalization of downtown waterfront redevelopment plans. Although the City does not expect to need additional capacity by 2001, the City recognizes that it needs to continue facilities planning to further consolidate activities and replace aging structures. T~ere i~i!.Cg~iderabi ~p~e [nii~pe~afing ,and ~i.ntaining the ~B!ques wou!d dg~mase ,opg[ations and mali.nter~a'~ colstlS',: and imPr0Ve the efficient pr0viSionofbity service~ Therefore, the City proposes to continue its on-going facilities study to focus on consolidation of City administrative functions, with the possible inclusion of courts and law enforcement functions, at one centralized site. If this can be done, the City expects that the effective level of service can be increased within the proposed LOS. Toward this end, the City is programming funds for replacement of City Hall, the Permit Center, and some or all of the facilities used by the Police Department (see Law Enforcement section) with once consolidated facility in 2002. b. Parking Structures (1) Existing Demand (To be completed) (2) Level of Service (LOS (To be completed) (3) Future Demand Capital Facilities Element - Part 2 CFP - 30 Capital Facilities Program Water I:er:supPl Existing Sources 9.1 - 23.7 13,460 - 16,565 Potential Sources 11.0- 12.2 7,470 Total Sources 20.1 - 35.9 20,930 - 24,035 Source: Bremerton Water System Comprehensive Plan Table 8-7 It is projected that if pending water rights certificates are secured, then no additional sources will be needed to meet the total demand through the next six years. However, future water sources will need to be secured to meet anticipated demands beyond year 2000. (Table WA-3) · ::.. i. :. :.. FutureNeed:~Water ;:i:~ .... I:i~em~nd:(P°pUlafi°h?;~ity'C°untyService I Avg. Day. Demand 1995 * I 56,701 9.04 1995-2000 (new) I 9,686 4.20 Total as of 2000 66,387 13.24 I 2000-2014 I 11,764 Total as of 2014 I 78,151 Sources: Bremerton Water System Comprehensive Plan, updated by Bremerton Water Utility * 1995 demand from Kitsap County Department of Development Assumptions: 2000: Pop. X 103 gallons/capita + 3.2 MG for PSNS 2014: Pop. X 100 gallons/capita + 3.2 MG for PSNS 4.38 17.62 3. Proposed Facility Improvements The Bremerton Water Plan recommends that an additional 0.7 mgd of groundwater supply should be developed by 1995 and a total of 1.4 mgd should be developed by year 2000. (Table WA-2) The City,bas:~o add:,ti~nal The Water Plan concludes that existing distribution system is capable of meeting typical system demands. Improvements in transmission and distribution mains are necessary Draft Capital Facilities Plan 8/26/97