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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. TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 2 of 15 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. TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 3 of 15 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. TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 4 of 15 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 #1153 TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 5 of 15 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 TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 6 of 15 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 #1599 #1676 TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 7 of 15 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 TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 8 of 15 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. #2030 #2256 TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 9 of 15 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 TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 10 of 15 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 TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 11 of 15 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. #3125 M/S/C/U(McConnell/Winters) to continue this item for one week. Jim Spencer, Parks and Recreation Director, stated it is clearly TAPE #1382 City Council Reg. Mtg. Minutes May 29, 1996 Page 12 of 15 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. TAPE #1383 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. #0091 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 TAPE #1383 City Council Reg. Mtg. Minutes May 29, 1996 Page 13 of 15 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, #0415 TAPE #1383 City Council Reg. Mtg. Minutes May 29, 1996 Page 14 of 15 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. TAPE #1383 City Council Reg. Mtg. Minutes May 29, 1996 Page 15 of 15 With no further business meeting adjourned at 7:20 P.M. KATHLEEN , City Clerk City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault