HomeMy WebLinkAbout05/29/96 COUNCIL
APPROVED
JUN 19 I996
TAPE #1382
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MAY 29, 1996
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, May 29, 1996, at 5:30 P.M., with
Council President John Law presiding. Council members present were
Bob Winters, A1 Colvin, Cecil McConnell, Sherril Huff-Menees, David
Farr, Richard Neville, and Lon Overson. Council member Carlos
Montgomery was absent. Also present was City Attorney Ian Sievers
and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Law and Invocation given by Pastor A.L. Baunsgard of
Hillcrest Assembly of God Church.
CONSENT AGENDA
None
#0023
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/McConnell) on May 29, 1996, the Council does approve
for payment those vouchers included and further described as
follows: 198145 - 198147, in the amount of $309,161.92; and
Retiree's Payroll for the period ending 5/31/96 in the amount of
$61,438.17.
President Law announced Council will hold a Study Session, next
Monday, June 3, 1996, at 5:30 P.M. in the City Council Conference
Room. He reminded the public that this is an opportunity for the
Council to ask questions of staff members, and is not a public
hearing. The public is not given an opportunity to speak or give
input at Study Sessions.
COUNCIL MEMBER REPORTS
Mr. Winters complimented all those who put up with the wet weather
to attend the Armed Forces activities. He encouraged District 9
citizens to attend the next Kitsap Lake Neighborhood Association
Meeting on June 10, 6:30 P.M., at the Cascade Natural Gas Building
on Kitsap Way.
Mr. Colvin experienced the Great Colored Rice for the first time.
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Mr. McConnell stated there would be no District 2 Neighborhood
Meeting for the month of June, since he will be attending the AWC
Conference in Pasco June 11-14.
Mrs. Huff-Menees stated last Thursday, May 23, Districts 6, 7, and
8 held their combined-district neighborhood meeting. She thanked
all those who attended. She wanted to inform the public about the
first Sinclair Landing Association newsletter, and if anyone wanted
a copy, or wanted to be added to the mailing list, they could call
the Sinclair Landing Association information line at 377-9460.
Mr. Farr reported he was very pleased with the turnout at the
combined District 6, 7, and 8 meeting, and thought the presentation
on the Sinclair Landing project by Mary McClure was excellent. He
encouraged everyone to attend a presentation on the Sinclair
Landing project, if possible. The Mayor also gave an excellent
presentation on current issues of the City. He announced that a
portion of District 6 was among the first to be involved in the
elimination of parking strips. He asked anyone with questions to
call the City Council office at 478-5280.
Mr. Neville stated the Engineering Department will notify residents
of the area they are currently working on to eliminate parking on
planting strips. He encouraged everyone to participate.
Mr. Law received a telephone call from a District 3 citizen who
wanted to announce that he was very impressed with Olympic View
School and the way it was teaching his children.
PUBLIC RECOGNITION
Police Chief Paul Du Fresne presented a plaque that was given to
the Bremerton Police Department for meeting the necessary standards
to become an Accredited Police agency in the State of Washington.
This has been an intense effort for over three years that began
with now retired Chief Del McNeal, and under the management of
Captain Joe Hatfield. Chief Du Fresne recognized the work
performed by Captain Hatfield, Captain Craig Rogers, and Lieutenant
Rob Forbes, and also all the help received from all the ranks.
Only 20% of Police agencies in this state have been able to meet
the very strict Accreditation standards, and as a City, we should
be proud.
Gordy Byrd acknowledged that Carlos Montgomery and Mayor Horton
were in attendance at the Memorial Day Service at Evergreen
Cemetery. He noticed that the City did not have the American flag
displayed, and reminded everyone that May 30 is the official
Memorial Day, and June 14, is Flag Day, and he hoped everyone would
fly their flags.
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Jack Lefcoski stated he has been an advocate of the third bridge in
Bremerton for many years, and with all the new businesses coming
in, he feels the City will soon be at the level of traffic where
they will be required by the Growth Management Act to start
planning for a third bridge. He believes that the traffic counting
method used by the City needs to be the same as that used by the
County and the State, because the County endorses a third bridge.
Carol Atkinson, Bremerton Mainstreet Association, asked everyone to
take a look at the new mural being painted on the building at 2nd
& Washington. She noticed that the Fire Department building on
Pacific was recently painted, and looks wonderful. The Concerts on
the Boardwalk schedule has been finalized, and she wanted to
recognize the many sponsors: Fletcher Wright Construction, Port of
Bremerton, City of Bremerton, West Hills Honda, The Sun, KPS Health
Plan, United Airlines, Bremerton Eagles, Boshman Heating Oil,
Dunham Glass, Jim Robinson Construction, Great Northwest Pizza &
Pasta, Bremerton School District, Art Anderson & Associates,
Northwestern Bank, and Wheelhouse & Topside Restaurants.
Heather Medford, Public Relations Secretary for Phi Beta Kappa, &
Beta Gamma Eda Chapter at Olympic College, announced a fund raiser
car wash Saturday, June 1, at the Roosevelt Field parking lot.
Gene Hart, 23rd Legislative District, announced a giant book sale
at the Kitsap Regional Library on Thursday, June 6 and 7, 9:30 A.M.
to 9:00 P.M., and ending on June 8, 9:30 A.M. to 5:00 P.M. He
commented on a recent article in the newspaper regarding awards
presented to Peace Officers from Mothers Against Drunk Drivers
(MADD) including Bremerton Police Officer Nathan Tincher, who was
credited with 82 arrests. He congratulated all of the Police
officers recognized as part of this award.
MAYOR REPORT
Mayor Lynn Hotton reported she just returned from West Hills
Elementary School where they held a ceremony to recognize their
Title I Distinguished School Award. They were i of 52 schools in
the United States to receive this distinction. What impressed her
most about the school is that they are very goal oriented, and set
standards. Right now, their school has one of the highest drop-out
rates of students at the high school, and they have set a goal to
reduce those numbers. She also announced the City is a recipient
of a $4,370,000.00 STP grant for the Gorst-Bremerton Connector
project. Also, the City received $385,000.00 for the Kitsap
Way/Auto Center Way project, which is also good news. Kitsap
Transit was awarded $4.5 million in Federal money for the Bremerton
Transportation Plaza, which means the project is only $7.5 million
dollars short of the $29 million needed.
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Mayor Hotton and Councilman Montgomery attended a ceremony at Ivy
Green Cemetery over the weekend, which was a very nice service.
She complimented Bob Sauter on a job well done in putting together
that event. She received a program from Richard Chrisinger of the
christening of the U.S.S. Ross, with a commemorative coin. As soon
as some pictures are received from that event a display will be set
up in the lobby of City Hall.
Mayor Hotton read the following Proclamation: Management Week,
June 2-8, 1996. Buddy Cooper, President of the Lockheed/Martin
National Management Association, Bangor Chapter, accepted the
proclamation and stated the major emphasis is on educational
programs, supplementing training provided by employers.
Mr. Byrd asked if City Hall building would be traded for the
Penney's building? President Law suggested Mr. Byrd discuss that
issue with Mayor Horton at another time since the opportunity for
Public Recognition had been closed.
7A - DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGET ADJUSTMENT FOR
PROFESSIONAL SERVICES, #AB96-109
Due to the loss of one full-time employee who filled the Building
Official position and one full-time employee who filled the
Building & Development Specialist I position, two county employees
were hired on a temporary basis to fill the voids in the Building
Department. One of these county employees was subsequently hired
to fill the Building & Development Specialist I position as a full-
time permanent employee. The cost of her temporary time while
still on the county payroll was $2,741. The second employee works
as a building inspector for Bremerton DCD and will continue to do
so until the remaining vacancy at DCD is filled. To date, the cost
for these professional services is $4,146. In addition, plan
reviews for building permits which were not able to be performed by
DCD staff during this time period were submitted to an outside
engineering firm at a cost of $1,200. Approval of this budget
adjustment would move unexpended funds from salaries to the
professional services category, which would then be used to pay
these costs.
Janet Lunceford, Building Department, stated she would stand by for
any questions.
Public comment - none.
Mrs. Huff-Menees pointed out the level of cooperation that was
evident in the arrangement with the County's supplying staff
members to assist the City when that assistance was needed. Often
times emphasis is given to those time when there is disagreement
and she wanted to extend a "thank you" to the County for helping in
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this manner.
Mr. Winters asked if there were plans to replace the temporary
employee with a full time employee? Ms. Lunceford explained when
the new staff person is hired, the Interim Building official will
go back to being Building Inspector and the part time position will
go away.
M/S/C/U(Colvin/Winters) to approve Budget Adjustment Request 96-13.
Chief Du Fresne made a formal presentation of the Accreditation
plaque to Mayor Horton. Mayor Hotton stated she was especially
proud of the Police Department since the resources the City has to
accomplish the job are a fraction of those of other cities. And,
the fact that Bremerton Police Department was able to attain
Accreditation with limited resources is a real credit to staffing,
management and patrol officers within the Department.
7B - PROFESSIONAL SERVICES AGREEMENT - YWCA A.L.I.V.E. DOMESTIC
VIOLENCE PROGRAM, #AB96-110
Using a State of Washington Department of Community Development
Criminal Justice Funding Grant provided to the City of Bremerton,
the YWCA A.L.I.V.E. Program will provide 24-hour-a-day crisis
intervention, safe shelter, legal advocacy, support groups,
parenting classes, community education and children's programming
for women and their children who are victims of domestic violence
in an effort to bring them out of a crisis and into a healthier,
more manageable lifestyle.
Police Chief Paul Du Fresne introduced Lynette Drake, Traffic
Safety Officer, who replaced Les Pope when he left to take a
position with the State Traffic Safety Division to manage all the
traffic safety programs within the State. He also introduced Linda
Joyce, Manager YWCA A.L.I.V.E. Shelter, and explained this is the
third year the City has acted as a pass through for these funds.
Lynette Drake, Traffic Safety Officer, stated she is very committed
to the Bremerton traffic safety coordination and the
Bremerton/Kitsap County DUI Task Force. She has taken a real focus
on educating youth on the new Juvenile DUI laws. Linda JoVce,
Manager A.L.I.V.E. Program, shared the following information
showing the partnership between the City of Bremerton and their
organization: the YWCA A.L.I.V.E. Program at year end 1995 worked
with 928 non-duplicated clients. Of those 928 persons, over 450
women and children were sheltered in their A.L.I.V.E. house. Of
those 450, they worked individually with 300 children. They also
were able to increase services in their Legal Advocacy Program,
which was started in 1995 working with an average of 30 clients per
month, and by August of 1995 they had increased that to 120% and
are now working with over 80 clients per month. She emphasized
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none of that effort could have been possible without the community
support. Chief Du Fresne stated as he has reported to Council in
the Departmental Quarterly Reports, the single most call for
service in Bremerton has been calls related to domestic violence
and domestic battery. It is the one thing in the City that he
wishes could be controlled in a better way and it is only through
support of programs like the A.L.I.V.E. program that some progress
can be made. The City is also in the position where this money is
earmarked and has to be passed through to an established program.
A.L.I.V.E is the City's established program and the City has had a
very good relationship with them for more than three years.
Public comment - none.
Mr. Farr stated the statistics quoted indicated that the agency
reached out to more people in the more recent years, and he
wondered if that was due to an increase in actual crime or just an
increase in the agency's ability to help more people. Ms. Joyce
stated it is probablyha combination of both. They would like to
think that their educational efforts have been successful and
reaching more people. But, statistically there are probably also
larger numbers of persons suffering from the affects of domestic
violence. Mr. Farr asked if her agency would be short funded or
would they have all the funds necessary to carry out their program?
Ms. Joyce stated she doubted they would ever have enough money to
do all that they want to do. Domestic violence is a community
problem that affects everyone and the educational efforts need to
increase annually and to do that she believes their budget would
need to double their existing budget. They are appreciative of all
monetary support, but they are also appreciative of other kinds of
donations, such as furniture for families, personal care items,
etc. Mr. Farr asked if it is necessary to turn away victims of
domestic violence because the shelters are full? Ms. Joyce stated
no, they work with a coalition of shelter programs throughout
Washington state, which allows them to not have to turn anyone
away. Ms. Joyce introduced Linda Crome, A.L.I.V.E. Shelter Program
Director. Linda Crome thanked the City of Bremerton and Bremerton
Police Department for their support and collaborative effort to
become an immediate crisis team. Mrs. Huff-Menees stated she was
pleased to see the City partnering with this agency and commended
Ms. Joyce and Ms. Crome on a program that meets a very critical
need in the community and doing it at a very high level and
commendable manner.
Mr. Colvin asked if there was any correlation between the economic
level of the City and the amount of people needing their services?
Chief Du Fresne stated that is one of the strong indicators of
increases in domestic violence in almost any community. Economic
hardship has a major impact on families as stresses build up. In
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response to Mr. Farr's concern, something else that has changed is
the State law that applies to the Police Departments providing
adequate information to victims as to where they can seek services
and help break the cycle of violence. And, because of efforts by
the A.L.I.V.E. Shelter to see that their Department and those
around the County are doing it properly, there has been an increase
in those being assisted.
M/S/C/U(McConnell/Huff-Menees) to approve the Professional Services
Agreement and authorize the Mayor to sign.
7C - APPOINTMENT OF RICHARD E. MCCONAUGHY TO THE CIVIL 8ERVICE
COMMISSION, #AB96-111
There is a vacancy on the Civil Service Commission. It is
recommended Richard E. McConaughy be appointed to fill the vacancy.
Mayor Hotton reviewed Mr. McConaughy's background and involvement
in the community and urged Council's confirmation on this
appointment. She noted Mr. McConaughy was not able to be present
at this meeting.
Public comment - none.
M/S/C/U(Huff-Menees/Farr) to approve the appointment of Richard E.
McConaughy to the Civil Service Commission.
7D - EMERGENCY PURCHASE OF REPLACEMENT POLICE VEHICLES, #AB96-112
Proposed purchase is for replacement of five 1991-1992 Chevrolet
Caprice vehicles, which are no longer suitable for police duty due
to unexpected cracks in the frame. No longer available as line
cars. Purchase price of the five vehicles is $125,000 plus tax.
Rich Hanna, City Treasurer, explained the reason this Agenda item
is before Council on such short notice is due to a very recently
discovery of a mechanical failure in five patrol vehicles. It
appears there is no satisfactory method to make repairs to the
cracks in the frames due to the liability that is assumed by the
party that might attempt to undertake repairs. For that reason,
Council is being asked to approve a budget adjustment to the
General Fund in the amount of $125,000, which will allow the
purchase of five new patrol vehicles at a unit cost of $25,000.
That cost covers a fully equipped patrol vehicle complete with
lights, sirens, screens, etc. Fortunately, the Ford Motor Company
is tooling up their production line and is accepting orders for
police special vehicles until May 31, 1996.
Public comment - none.
Mr. Neville asked if the City had any of the 1991-92 Chevrolet
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Caprices in its fleet? Mr. Hanna stated there are two additional
Caprice vehicles that are currently being used by the Warrants
Department. The difference in that case is the vehicles are not
being used as front line patrol vehicles and would not be called on
to engage in high speed pursuits. Mr. Meville asked if those
vehicles are being monitored? Mr. Hanna stated yes. The vehicles
in question would still be serviceable in the role of a staff
vehicle. However, because of the critical issue about the
mechanical failure, the City cannot continue to use them as patrol
vehicles.
Mrs. Huff-Menees asked if the City was pursuing recourse with
manufacturer? Mr. Hanna stated yes, and it is believed that
Bremerton was the fist agency in the immediate vicinity to discover
this fault with the vehicles. Since that time, the City alerted
other agencies and he was recently informed that another city in
Kitsap County discovered the same kind of failure in one or two of
their vehicles as well as the State Patrol finding similar
conditions.
Mr. Overson questioned the source of the $125,000 out of the
General Fund? Mr. Hanna explained the sources identified meeting
this need is the Beginning Cash in the General Fund did exceed his
projection by roughly $118,000 this year. It is proposed that
$100,000 of those funds be used and the additional $25,000 would be
realized from the sale of the old vehicles. Mr. Overson stated it
may be poetic justice that some years ago the Council agreed to
attempt to provide the Police Department with 4-5 new vehicles each
year, but due to budget constraints was untable to meet that
commitment. Based on the information provided, he does support the
issue as presented.
Mr. Winters raised the question how could the City sell damaged
vehicles and what happens if the City does not receive $25,000 from
the sale of those vehicles? Mr. Hanna stated $7,000 of the $25,000
are already in hand resulting from the sale of three other
Chevrolet vehicles that were unrelated to this issue, which leaves
$18,000 to be realized from the sale of the five additional
vehicles. Based on past experience, he is fairly confident that
the City will receive adequate funds from the sale of those
vehicles. Mr. Winters asked if he understood correctly that there
would be no restrictions on selling the vehicles in their present
condition? Mr. Hanna stated no; however, in good conscience the
City will disclose the fact the mechanical failure is present.
Winters asked for confirmation that the City would not be liable
after the sale of the vehicles? Ian Sievers, City Attorney, stated
by making a disclosure of the condition of the vehicles the City
will be protected.
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M/S/C/U(Farr/McConnell) to approve purchase of five new police
vehicles.
Mayor Hortcn pointed out when this issue was brought before her and
she asked her staff for solutions, they brought back there was no
good solution since there were no new vehicles available. She
complimented her staff for giving the issue further review and
coming up with a viable solution.
7E - BUDGET ADJUSTMENT REOUEST FOR EQUIPMENT RENTAL RESERVE FUND
AND GENERAL FUND/FIRE DEPARTMENT, #AB96-112A
This adjustment provides for the replacement of three staff cars in
the Fire Department at the same time as purchasing the Police
Department vehicles to maintain standardization within the fleet.
Necessary money is available in the Equipment rental Fund for the
purpose of the Fire Department cars. The total cost of this
request is $75,000.
Rich Hanna, City Treasurer, stated past practices by the City have
been to replace staff cars used by the Fire Department and make
them identical (basic vehicle) to the patrol vehicles used by the
Police Department. He emphasized the benefit of following this
practice and having uniformity in the fleet results in savings on
maintenance throughout the life of the vehicles, stocking fewer
parts, etc. Additionally, had the Ford company not been tooling up
for this additional production run, the solution that he believes
would have been brought before Council would have been transferring
the existing Fire Department staff vehicles (1989 models) to the
Police Department and equipping and using them as patrol vehicles.
Public comment - none.
Mr. Overson pointed out the best thing about this proposal is the
fact they are on the Equipment Rental Reserve Fund, which has the
flexibility of taking advantage of opportunities for purchase and
by purchasing this year there is a chance to save some costs due to
inflation or changes in price.
M/S/C/U(Overson/McConnell) to approve the second part of Budget
Adjustment Request No. 96-17 to include three Fire Department
vehicles.
8A - ORDINANCE NO. 4553 (SECOND READING) AMENDMENT TO B.M.C.
CHAPTER 1310 - MUNICIPAL TREE ORDINANCE, #AB96-101
Andy ParVDa raised the following quoted concerns: "Section
13.10.030(a)
(1) Concerning "prior owner", this sub-secton is clear the present
owner is responsible for maintenance and liability of municipal
tree if he or the prior owner planted the tree. It is very
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ambiguous in: (a) is "prior" owner meant to be singular or plural?
In other words, how many owners back in time does this include?
(b) What is meant by liability? Does this mean costs of a damage
repair, costs of injury lawsuits and awards for the injury? (c)
Who bears the responsibility if no record of agreement to assume
responsibility, or engineering permit indicating to whom it was
issued, can be found? The second paragraph of 13.10.010 states
"the provisions of this ordinance shall apply to all trees and
shrubs now or hereafter planted in or upon any public area." (d)
Beginning with "or" the third line is not clear. Is the present
property owner responsible if only he assumes responsibility by
agreement with the City or is this also passed down if the prior
owner had such an agreement?
(2) Unless the City had covenant agreements with the former
owners, properly documented so that a title search would reveal
such an encumbrance to the potential buyer, I do not believe
responsibility concerning the subject tree can be forced upon the
new owner. A seller may even lose a buyer.
(3) Has any Council member read the assumption of responsiblity
agreement referred to in this proposed ordinance? I would like to
read the agreement or at least be given the specifics of the
agreement. Upon signing the agreement, does the signee accept
responsibility for cost of possible damage repair or injury law
suits besides the care and maintenance of the tree? With the
ambiguities within this section, property owners should be very
cautious about assuming responsibilities of the City.
Section 13.10.030(b):
(1) He will not agree to assume responsibility for a tree planted
by the City. Therefore, he will not be trimming or caring for
trees the City plants. For the record, he does not need the
approval of the urban forester or anyone else to trim back any
portion of a municipal tree that encroaches over my property. To
show a court good faith on my part, I need only to notify the Parks
Department of such encroachment by certified mail. If action is
not taken within ten days after mailing, as shown by my receipt, I
will trim the encroachment back and place the branches at the
place of origin on the right-of-way.
Section 13.10.030(c):
(1) This refers to the property owners and/or occupants
responsiblity to notify Engineering in case a tree or shrub planted
by the City is creating a hazard. Question - what penalty, if any,
would be imposed if the property owner could not know of any
hazard? For an example, the owner of an undeveloped lot located in
Bremerton, living in New York who is graciously presented with a
tree next to his property without his asking for the tree or
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accepting responsibility.
Section 13.10.080(3):
(1) Agreed, no tree or shrub should be removed for the sole
purpose of providing a view for any private property or individual.
The shoe should fit both ways. Granted, by RCW 35.22.280(7), the
City has complete control over the use of the public right-of-way
and does not require the consent of the abutting property owner to
plant a tree in the planting strip or sidewalk. The City should
not exercise its right to plant an unwanted tree adjacent to
property purchased because of the view and a higher tax rate has
been paid for years. I will not reveal the name of the City staff
member who spoke as it occurred during an "off the record
conversation". I will say it was a poor attitude in stating "the
City can plant trees anywhere it wants even if it blocks a view,
and the property owner can argue with the assessor".
Bremerton Municipal Code 6.28.110 places the burden of keeping the
sidewalks free of litter on the abutting property owner or the
occupant. The State Supreme Court ruling of Rivett v. Tacoma over
rides that BMC if the owner did not accept responsibility and a
tree was planted by the City. In August 1, 1994, the Assistant
City Attorney wrote a letter to Councilman Colvin stating, "based
on my reading of Rivett v. Tacoma, a City ordinance cannot hold a
property owner responsible for removal of a hazard unless that
person caused or created that hazard". She was referring to
foreign matter on the sidewalk that could cause a pedestrian to
fall or slip. Wet leaves fit this category. On September 28,
1994, Attorney Sievers stated for public record, tape #1236, the
response given to Councilman Colvin and published in his newsletter
is correct.
Page 95, City Urban Tree and Shrub Care and Maintenance Program,
under the section entitled "Information" regarding benefits the
Urban Forestry Program aims to provide the residents. (Property
value enhancement). A municipal planted tree in the right-of-way
may enhance the value of residential property. However, an
appraiser and realtors will tell you, even a peek-a-boo view, let
alone an unobstructed view, will enhance the value, and any
obstruction will depreciate the value according to the degree of
obstruction. I called the County Appraiser and some realtors."
Mr. McConne11 expressed concern over the number of questions Mr.
Parypa presented and suggested this item be continued for one week.
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M/S/C/U(McConnell/Winters) to continue this item for one week.
Jim Spencer, Parks and Recreation Director, stated it is clearly
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not their intent to put trees in that would block people's view or
to make life miserable for the citizens of Bremerton. He believes
staff worked hard to simplify this ordinance and make it more
meaningful and understandable for the citizens. Some issues were
brought up and technically beyond his ability to answer, but he
assured everyone that it was not the Parks Department's intent to
create situations that make life more difficult for the citizens of
Bremerton.
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Mr. Colvim stated he did not think anyone doubted the integrity of
the Parks Department, but there are some legal questions that do
need to be answered. Mr. Spencer emphasized they have no intention
of blocking someone's view and if they remove a tree it would be
for a park enhancement thereby making it better for the public.
Ian Sievers, City Attorney, stated because he has not had an
opportunity to review Mr. Parypa'squestions and concerns, he would
support tabling the item for one week and then put any changes that
he would recommend in writing for Council's consideration.
Vote on motion - unanimous.
8B - ORDINANCE NO. 4556 (SECOND READING) ESTABLISHING THE OFFICE OF
RISK MANAGEMENT & SAFETY WITHIN THE DEPARTMENT OF ADMINISTRATIVE
SERVICES ANDAMENDING CHAPTER 2.92 OF THE BREMERTON MUNICIPAL CODE,
#AB96-107
PUbliC comment - none.
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M/S/C(Farr/Colvin) to pass Ordinance No. 4556 on second reading
establishing the Office of Risk Management & Safety within the
Department of Administrative Services and amending Chapter 2.92 of
the Bremerton Municipal Code.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Overson, Neville, Farr, Huff-Menees,
Law, McConnell, Colvin
Winters
8C - ORDINANCE NO. 4557 (SECOND READING) AMENDING THREE CHAPTERS OF
THE OFFICIAL ZONING ORDINANCE CONSISTENT WITH THE COMPREHENSIVE
PLAN AND TO MEET GROWTH MANAGEMENT ACT REOUIREMENTS, #AB96-108
Ron Hough, Planning Manager, stated when all of the changes came to
Council from the Planning Commission their recommendations were
folded into the ordinance with one exception...the combination of
two zones, which Council approved at the previous meeting. Council
made the decision to combine the Mixed Use Zone and the Highland
District Zone into one. Because of that, five different tables in
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the ordinance will be affected. He noted those changes would be
very minor and would not affect the substance of the ordinance.
Public comment - none.
Mr. Neville referenced the "Clearance Comments" on the Agenda Bill
and asked if an old "street, private" definition was being deleted
and a new one added? Mr. Hough stated yes. Ian Sievers, City
Attorney, stated he made the comment referenced by Mr. Neville
because he noticed the Staff Report did not discuss that as one of
the definitions to the current Zoning code. He and Mr. Hough had
discussions with the Mueller survey firmabout their concerns about
creating separate parcels on short plats rather than showing
private streets as easements. This is one of the more practical
problems the City may have because State law defines a limit or
threshold that local jurisdictions can use short plats before going
to a full long plat, which is defined as a certain number of
parcels. Mr. Neville asked wouldn't you want to incorporate also
the share in ownership and maintenance responsibilities? Mr.
Sievers explained easements have a well established body of law to
define responsibilities, both on the burden property and the
benefitted property when an easement is drawn in. He believed it
was the survey firm's concern or problem with creating separate
parcels that you have to establish provisions and terms in short
plats defining responsibilities, such as a Home Owner's Association
in a long plat. Mr. Hough stated one of the upcoming sections of
the Zoning Ordinance that will be dealt with has to do with short
plats, but there has been no problem with the way short plats have
been handled since a separate lot has been created as a private
street and labeled as such so that it would not be a developable
piece of property.
Mr. Farr asked if the SF-3 minimum lot size had increased?
Hough noted it is slightly increased (from 4,800 sq. ft., to 5,000
sq. ft.), but there was also a reduction in the overall density in
that zone. It use to be about 10-units per acre and falls into the
low density category of 8-units per acre. It is not a change that
will affect the overall density in the zone and mainly just
rounding off the figure making it easier to figure out how many
lots are allowable in a 50,000 sq. ft. parcel. Mr. Farr stated he
was not sure that was justification for someone that had a lot that
under the 4,800 sq. ft., could be short platted and couldn't under
the 5,000 sq. ft. regulation. Mr. Hough stated he did not believe
that would adversely affect them since the density guides the
number of units and number of lots allowable in a zone. Mr. Farr
stated it would affect someone if their lot was surrounded by
larger lots and by short platting the smaller lot you would not
exceed the units per acre. On another issue, there has been
discussion about correcting the continual problems with the zoning,
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setback and retaining walls. He asked if this ordinance addresses
that issue or will it come up in a later presentation? Mr. Hough
stated those regulations are addressed in another chapter.
Mr. McOonnell stated he still had concern with "accessorydwelling
unit" and did not want to see small houses start springing up in
people's backyards like what happened during WWII. Mr. Hough
explained the process to create an accessory dwelling was not as
simple as it appears. There are design standards that will be
brought before Council in the near future for adoption, which limit
the dwelling to a certain size, number of bedrooms, off street
parking requirements, placement of the entrance, lot location, etc.
He emphasized SF-1 zones are mostly the zones without the City's
sewer system, so it is possible an additional unit would not be
allowed if the lot was not large enough to accommodate an adequate
septic system.
Mr. Colvin asked if there are any provisions to enforce the width
requirements for private streets? Mr. Hough stated the owner
developing the short plat must agree to the requirements and a Road
Maintenance Agreement is part of the Plat and gets recorded with
each of the properties. He noted short plats are only four lots or
smaller.
Mr. Overson stated some years ago he and Mr. McConnell were
involved with the implementation of the current Zoning Ordinance,
which was a significantly larger effort than the changes being made
through the process. The relatively modest changes being made now
are a testimonial to the good work by Mr. Hough and members of the
public in developing the original ordinance.
M/S/C/U(Overson/McConnell) to pass Ordinance No. 4557 on second
reading amending general provisions, definitions, and zoning
district regulations of the Zoning Code; and repealing Sections
21.02,010 through 21.02.080, 21.02,250, 21.02,260, and 21.02,270
through 21.02.340 of the Bremerton Municipal Code.
President Law acknowledged the TV crew members - Debbie Harris,
Dave Noble and Nadene Price, and thanked them for their assistance.
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With no further business meeting adjourned at 7:20 P.M.
KATHLEEN , City Clerk
City of Bremerton
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