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HomeMy WebLinkAbout05/22/96TAPE #1380 UNAPPROVED DRAFT COUNCIL APPROVED JUN 12, 1996 CITY COUNCIL MEETING MINUTES MAY 22, 1996 #0012 #0026 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 22, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, Richard Neville. Council members Bob Winters, David Farr and Long Overson were absent. Also present was City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Councilman A1 Colvin. President Law announced Agenda Item 9B had been pulled off the Agenda for one week. CONSENT AGENDA A. Minutes -- May 8, 1996 #AB96-104 M/S/C/U(Neville/Montgomery) to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on May 22, 1996, the Council does approve for payment those vouchers included and further described as follows: 197942 - 198137 in the amount of $472,889.67. COUNCIL MEMBER REPORTS Mr. Colvln reported on a very successful District #1 Neighborhood meeting held on May 16. Mayor Horton's "State Of The City" report was well received by those attending. He enjoyed the Armed Forces Parade on Saturday, despite the inclement weather, and thanked John Curtis for inviting him to participate in the parade representing the Tuskegee Airmen. For anyone wishing to learn more about the Tuskegee Airmen, he encourages them to read the book published by General B.O. Davis titled "B.O. DAVIS, AMERICAN". Mr. Colvin related some historical events relating to the Tuskegee Airmen. Mr. MoCenne11 reported he attended the Armed Forces Parade, and was surprised with the turnout considering the wet weather. He also enjoyed the excellent Lions Club pancake breakfast and was already TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 2 of 19 looking forward to next year's event. Mr. Montgomery reported he also attended the parade. He commended the parade participants who seemed to enjoy themselves in spite of the unfavorable weather conditions and the clothing they had to wear. He reminded citizens of Districts 6, 7 and 8 of the Neighborhood Meeting scheduled for Thursday, May 23, 7:00 P.M., at the Bremerton School District facility (meeting room in the far east end of the building). He encouraged members of the public to attend one of the many public meetings to' learn more about the Sinclair Landing project. He emphasized this project is one study that is becoming a reality, and both the Sinclair Landing Association and Fletcher Wright strongly believe in keeping the citizens informed as the project develops. Mrs. Huff-Menees echoed Mr. Montgomery's comments on the District 6, 7 and 8 Neighborhood Meeting, and noted Mayor Horton will also be making a presentation at that meeting. She commended and congratulated the planners and organizers of all the Armed Forces events. This community is very fortunate to have such a celebration and a great deal of work goes into planning for a successful result. Mr. Neville announced the Kitsap Community Action Program (KCAP) is planning a remodel on the old Smith School facility, and would like input from the residents in that area. A meeting to discuss the project will be held May 28, 5:30 P.M., in the gym. Mr. Law reported on the District 3 Neighborhood Meeting held May 14, and noted that the discussion on "Streets" presented by Bob Tulp, Public Works Operations Manger and Mark Souza, Senior Engineer, was very interesting and informative, He too felt the Armed Forces celebration events were outstanding, and he saluted all of the people who put effort into it, both military and civilian. MAYOR'S REPORT Mayor Lynn Hotton echoed everyone's sentiments on the Armed Forces Parade and activities. They were very successful, even though the weather was a little inclement. She also attended the Swing City Dance held Saturday evening, which was a fun event and well attended. She extended a special "Welcome" to the USS Nimitz crew and noted that she, Council President Law, and Councilman Montgomery were part of the crowd greeting the ship as it arrived at PSNS on Monday. In regard to the removal of parking on planting strips, as discussed with Council, it is something that needs to be dealt with TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 3 of 19 on an area-by-area basis because the State Legislature passed legislation that made some changes in liability, and placed liability for sidewalk maintenance on the City's shoulders. If the City caused damage through parking or other means that are being allowed to have those sidewalks degrade. As a result of that change in the law, the City is reviewing its planting strip parking throughout the entire City. As part of this review, the City will try to come up with solutions to replace that parking, and public meetings will be held in specific areas when they are being reviewed. On the good news side, she believes this is an opportunity to look at some traffic calming methods in areas that are plagued with speeding vehicles. PUBLIC RECOGNITION Gordy Byrd brought up the issue of crosswalks, and questioned why are crosswalks at llth & Chester, llth & High, llth & Veneta, and llth & Park not being repainted? He introduced Mr. and Mrs. Powell, first time visitors to the City Council meeting. He also enjoyed the Lion's pancake breakfast and the Swing Dance. President Law welcomed the Powell's. Don Larson, President Washington Scuba Alliance, announced an upcoming event in September - Washington Water Weeks, which are educational events informing the public about our local waters. If people are interested in participating in those events, they can write to Washington Water Weeks, P.O Box 1354, Olympia WA 98507- 1354 (360) 943-3642. He also encouraged the City Council to make a written commitment to establish an underwater park in the Bremerton area, similar to the park in Edmond's and Tacoma's Titlow Marine Preserve. He has been making his plea to the City Council for the past six years, but has not received anything in writing telling him any progress is being made in that endeavor. TCI cable has been airing the Edmond's Underwater Park Sub-Tidal Zone. In his opinion, the best area for an underwater park in Bremerton would be north of the Turner Joy. He also wanted the City to know that the U.S. Navy has a program called Refex and are looking at starting to re-donate ships to local communities for local marine life. The controlling factor with donated ships is their concern about PCB's, particularly those that might be in the paint. Two test ships have been identified, one on the east coast and one on the west coast. One is in deep water and one is in shallow water. He wants to see Bremerton first in line for a ship. Roy McInnis announced the Sinclair Baptist Missionary Church has a new pastor, Reverend Earl Echols, who is interested in becoming involved in the community. He wanted to find out the rules for the age limit of those participating in the Armed Forces Parade. His church had the intention of sending a drill team to march in that TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 4 of 19 parade, but the person in charge informed him, at the last moment, that they could not participate due to age limit, insurance, etc. President Law stated Mr. McInnis'squestion will be forwarded on to the appropriate person. Mr. McInnis stated he would like that same information for any parade held in Bremerton. Peter Ruckstein, Swing City Committee, commented on a very successful "Swing City Dance" held on May 17. The Swing Committee is looking -forward to holding more dances on special occasions, such as Armed Forces Week, Memorial Day, etc. Mrs. Huff-Menees stated she was unable to attend the dance, but she heard rave reviews of the decorations at that dance. Charlie Brown stated when he first learned about the Sinclair Landing development, he obtained some drawings of what was being proposed. At that time, he thought the City was committed to only the undeveloped waterfront property and the high rise City garage as part of this development. On May 21, he learned from a presentation by Fletcher Wright, that a change had been made to earlier drawings placing Bremerton City Hall in the old J.C. Penneys building and the current City Hall building would be turned into a parking garage, and the City Hall Park and a grocery store would disappear. He does not know who made those decisions or commitments, but two elected City officials sit on the SLABoard of Directors. He asked if those individuals made the commitment instead of the elected City Council members? Or, are the decisions being made based on the Memorandum Of Understanding that was signed by the City, Port of Bremerton, Kitsap County, and Kitsap Transit? He questioned whether or not the City would be paying rent or are they buying the Penneys building? He referenced comments made by Joe Mentor at a previous Council meeting in which he related a conversation he over heard in an elevator in Seattle that the Bremerton City Hall would be relocated to the Sinclair Landing project and would rent 30,000 sq. ft. of space. Mr. Brown asked if Mr. Mentor was right? He referenced a drawing recently handed out by the SLAthat shows the proposed changes he identified and based on that, he believes it is a "done deal". He questioned how many City Council members were aware of such a proposal prior to tonight? He questioned who is running this program, is it Fletcher Wright or Mary McClure? He asked that someone answer his questions. Reverend Earl Echols, Sinclair Baptist Missionary Church, stated he retired from the Navy approximately nine months ago, and he is glad to be part of the community. He apologized for being late to give the invocation at this Council meeting, however, he now knows the correct time and will strive to do better in the future. He is excited about being involved in the community and looking forward TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 5 of 19 to a good relationship with the Council and the City overall. As a little background, he has been working with the Tacoma Safe Streets Program, Tacoma Associated Ministries, and the Tacoma Ministerial Alliance over the past eight months. Now, he looks forward to the opportunity to work with Bremerton's Safe Streets Program. Mayor Lynn Hotton stated the proposal Mr. Brown referenced is just that - a proposal. The first time she saw the site plan was on Tuesday, May 21. She did get a heads up on May 16-17 from Randy McGreal saying that this would be in a proposal showing areas Fletcher Wright would like to see blocked out and developed. This is not a "done deal"...it is a proposal, and if this is something the City Council would like to pursue, this will be handled in the same fashion as the City's properties near the waterfront. She emphasized it is a proposal for Council to reject or accept at whatever terms they feel are acceptable. In regards to the City Hall park, the site plan shows an area on Washington Street where the park would be relocated to, if Council is amenable to looking at moving City Hall. She has not been silent about the deficiency of the current City Hall building, and that it has some severe handicap issues relating to accessibility, both from the public and employee side. In 1998, she anticipates having to put $100,000 into a new roof for this building. Additionally, there are three other City facilities, the Permit Center, Special Investigative Unit (housed at the Capital Hill Fire Station building) and the West Precinct that all need some structural and cosmetic work over the next several years. She questioned is it worth our money to spend potentially several hundred thousands of dollars into some buildings scattered all over the City, or is it better to look at aggregating all City facilities under one roof? She does not know if it will be more cost effective to move in that direction, she has not seen any prospectus on the Penny's building. Contrary to what Mr. Brown stated, this is not a done deal, Fletcher Wright is in the preliminary stage of looking at some changes to their old site plan. More information will be coming from Fletcher Wright, and in turn the City will be able to answer all questions in an appropriate manner. Mr. Colvin stated he had heard the same rumors as Mr. Brown, but for the benefit of the public the City has not signed over any property to anyone. Mayor Horton stated Mr. Colvin was correct, nor have we been in negotiations on City Hall or the Penney's building. The City has been in negotiations over the City's waterfront property and to look at what kind of business arrangement we would enter into for the parking facilities for this development, so this is a new equation. Mrs. Huff-Menees stated she is the other elected official Mr. Brown referred to who sits on the SLA Board Of Directors. She emphasized one of the things that bears remembering is Fletcher Wright is a private development TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 6 of 19 company, and they have been selected as the developer for this project. They can bring any proposal they wish to the City, but it has to be approved by the City and the Council. She believes Council will see a variety of issues, and this is just one of them. This will go through the same process that any piece of the project will go through in terms of City property as well as private property in the permitting process involved. She cautioned against making statements that are aimed at alarming the public unnecessarily. John Thomas stated he never understood why the City of Bremerton hadn't moved into the Penney's building a number of years ago. What he's heard tonight, and its happened before, it seems like the "tail is wagging the dog". He referenced the renovation of 4th Street and the fact it was not "free" to the tax payers, but was responsible for 33% of that project. He is afraid of the SLA and the Sinclair Landing project. He wished more information could get out to the people. He has not been able to attend any of the SLA meetings and hoped to attend the June 3 meeting. He is not totally against SLA, and thinks the project is great, but has the feeling that someone who doesn't live here, or pay taxes here, is going to "give the store away". Gene Hart announced Kitsap Regional Library will hold a BOOK SALE on June 6, 7 and 8 at the east Bremerton branch. Proceeds from that sale will be used for outdoor lighting for the Regional Library, indoor displays, new baby strollers, flags, and typewriters for public use. Mr. Hart also reported Bremerton Police Officer Nathan Tincher was awarded recognition by the Mothers Against Drunk Driving for making 82 DUI arrests, which was the highest number of arrests in that category in Kitsap County. 7A - BID AWARDTO PENTAMATION, INC., FOR CENTRAL COMPUTER EOUIPMENT TO REPLACE THE NCR TOWER COMPUTERS, #AB96-105 The central NCR Tower computers were purchased in 1987/8. They are becoming less reliable and more costly to maintain. Disk space is limited and it would be expensive to add more disk space to these vintage computers. It was agreed during the budget process for 1996 that the City should undertake a major computer upgrade during 1997 and 1997. Part of that upgrade was to replace the central NCR Tower computers. In December, City Council approved a Request for Proposals for that part of the upgrade project. It was estimated at the time that the replacement hardware and operating system software would cost $60,000. The cost of the Pentamation proposal recommended by staff is $58,833.00. Bill Eley, Information Services Manager, stated in response to an earlier discussion about the adequacy of the current City Hall TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 7 of 19 #1631 building, the tower is a big problem, computer wise. Public comment - none. Mr. Colvin questioned the need for the upgraded equipment? Mr. EleV explained the City purchased its current equipment in 1987-88, and at the time it was a tremendous improvement over the equipment being used. However, over time the current equipment response time has become unacceptable and is very slow compared to today's standards. Mr. Montgomer7 asked if it was difficult finding parts for the City's current computer equipment due to its being obsolete? Mr. EleV stated yes. They have experienced a reoccurring problem and each time it happens he is not sure parts will be available to correct the condition. M/S/C/U() to approve the purchase of replacement computer hardware and operating system software from Pentamation, Inc. in the amount of $58,833.00. 8A - RESOLUTION NO. 2549, ADOPTING CITY OF BREMERTON WASTMATER COMPREHENSIVE PLAN, #AB96-106 The Bremerton Wastewater Comprehensive Plan serves as a guide for policy development and decision making processes for the Department of Public Works & Utilities. The plan identifies short-term capital improvements and defines long-term system planning goals within the Bremerton Sewer Service Area. This plan complies with regulatory requirements and accommodates system expansion in accordance with the State Growth Management Act. Gene Sampler, Public Works & Utilities Director, reviewed some background on the plan and its development. He noted the final Environmental Impact Statement for this planning process has been completed and was issued through the Department Of Community Development. Regulations for the wastewater collection, treatment and disposal are contained in the Federal Clean Water Act. The U.S. Environmental Protection Agency has delegated the enforcement and implementation of the ACT to the Washington Department Of Ecology, and the Plan is developed in accordance with the guidelines established by the Department of Ecology for wastewater planning. The Plan complies with all State and Federal regulations and it is primarily developed in accordance with the Sinclair/Dyes Inlet Urban Bay Action Program, which required the City to complete the following specific items: (1) adopt a Wastewater Comprehensive Plan, which is not required by State statute, but if a plan is developed it must be developed in accordance with the guidelines for wastewater management; (2) development of a combined sewer TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 8 of 19 overflow reduction plan, which was 1992 legislation that resulted in adoption of this plan in 1992. The majority of the plan is the incorporation of this planning document; and (3) adopt a Stormwater Management Ordinance, which was accomplished by the City, and a Stormwater Comprehensive Plan, which is in the final stages of development. The Capital Improvement Program, which is outlined in the Wastewater Comprehensive Plan, is driven by two consent orders, i.e. Puget Sound Air Pollution Control Authority for the wastewater treatment plant odor control project and Puget Sound Keepers Alliance, which requires implementation of the combined sewer overflow reduction plan. A third item included is a regulatory requirement for dechlorination of the effluent coming out of the treatment plant, which has been implemented. The majority of the output for the Wastewater Comprehensive Plan is predetermined by Consent Decrees or by legislation, but the plan does incorporate those within the planning guidelines and planning criteria. The Plan itself began to be developed in 1989, and because of various legislative changes in planning requirements, the combined sewer overflow reduction requirements and changes that occurred regarding growth management, the plan is now being adopted as a 1996 plan. The plan went through several iterations and much of the information is based on older data because of that process; and the extremely expensive process of updating continually as changes took place. The plan has considerable data based on 1994 data, which is the same data both the City's Comprehensive Plan and the Kitsap County's Comprehensive Plan are based on. It is believed the plan is consistent with the requirements of growth management and is consistent with the City's and County's Comprehensive Plans as we know it today. The implementation of the plan was funded through a rate increase of approximately 5% that was approved on March 20, 1996, and will be implemented in July 1996. Roy McInnis questioned in the adoption of this plan, are there a lot of State mandates without funding representation? Don Larson, President Washington Scuba Alliance, commended the City for moving forward in adopting the plan. ME. 8amplev stated in response to Mr. McInnis's question, much effort has been expended by City staff members in seeking grants and low interest loans to help fund the implementation of the TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 9 of 19 #1034 #2082 #2170 Capital Improvement Program. The City has been successful in both grants in the form of Centennial Clean Water grants for dechlorination, which is a State mandate, and received low interest loans through the Centennial Clean Water Act for implementation of the CSO Reduction Plan, and the wastewater odor control projects. The City is extremely appreciative of the State's programs for funding and we are pleased to say that the State has been "stepping up to the plate" and the City has competed well because of having significant needs. He acknowledged the effort by his staff and the City's Grants Writer for their assistance in this endeavor. Mr. Neville questioned if rate increases may be expected in future years? Mr. Sampley explained the earlier presentation of the proposed rate at the March 20 meeting implied a cost of living adjustment annually to implement this plan. He referenced documentation in the Agenda packet -- a Proforma Analysis for the funding requirements for the Capital Improvement Plan. That does imply there will be a cost of living increase annually. Originally, the increase was projected at 3% in the document. Mr. Neville pointed out the initial report given to Council projected upwards of 20% per year increase, and the staff have done an amazing job in keeping the rate at a much lower figure. M/S/C/U(Neville/Colvin) to pass Resolution No. 2549, adopting the City of Bremerton Wastewater Comprehensive Plan, and authorizing the Department of Public Works & Utilities to implement this plan subject to City Administrative policies and procedures. 9A - ORDINANCE NO. 4552 (SECOND READING) AMENDING THE 1996 BUDGET (BUDGET ADJUSTMENTS #96-0 THROUGH #96-12), #AB96-100 Public comment - none. Mr. McConne11 questioned the source of funds? Kathleen McCluskey, City Clerk, explained the funds would come from the General Fund. M/S/C/U(Montgomery/Huff-Menees) to pass Ordinance No. 4552 on second reading, amending Ordinance No. 4539 relating to the budget of the City of Bremerton for Fiscal Year 1996. 9C - ORDINANCE NO. 4554 (SECOND READING) VACATING THE ALLEY RUNNING NORTH/SOUTH BETWEEN 5TH STREET AND 6TH STREET, WEST OF YENETA AVENUE AND THE EASTERN MOST 16.25 FEET OF THE ADJOINING EAST/WEST ALLEY; STAR OF THE SEA PARISH, #AN96-102 Public comment - none. M/S/C/U(Colvin/Montgomery) to pass Ordinance on second reading vacating the alley running north/south between 5th Street and 6th Street, west of Veneta Avenue, and the eastern most 16.25 feet of TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 10 of 19 the adjoining east/west alley. 9D - ORDINANCE NO. 4555 (SECOND READING) ADOPTING REVISED OFFICIAL ZONING MAP OF THE CITY OF BREMERTON, #AB96-103 William Cunnlngham stated he has financial interest in property within the area and asked if the Zoning Atlas dated May 15 is the Zoning map being discussed at this time? Ron Hough, Planning Manager stated yes. Paul McConkey, 1343 Lower Marine Drive and owner of the property at 15th & Thompson, which is zoned BP and presently rented to Majestic Tours. Majestic Tours charters buses, but no bus maintenance work is done at that site nor is there a terminal at that site. There isn't a "pigeon hole" in either the present plan or in the proposed plan, and prior to adoption of the new plan he wanted to see if that use could be added to the new draft. The old map allowed accessory parking, non-accessory parking, commuter parking lots, parking structures, and bus passengers and maintenance is allowed in a lesser zone. In the proposed map, allowable uses include non- accessory parking, parking structure, bus passenger terminal and bus maintenance and storage is allowed in a lower zone. He is asking to add a category of "bus storage" in the BP Zone. Hough explained he believed the property would come in as a legal non-conforming use because it is there legally at the present time. If the zoning changes or the use changes, it is still legal under that use. Mr. Cunningham is correct in that it does not allow that type of facility in the new BP Zone. President Law asked if he was correct in understanding the property would be "grandfathered" in. Mr. Hough stated President Law was correct. There is a question whether or not that should be added to the BP Zone. The BP Zone was designed to fit into neighborhoods, so one would not anticipate having a large bus terminal sort of location, but a small park-and- ride facility/bus stop might be better suited. Since the use on that site is currently there, he felt it would be best to leave it, but not add it to the list of new uses in the BP Zone. Mr. MoConkey stressed the current use is not a maintenance facility nor a bus terminal, but rather a storage area for buses when not in use. He doubted the site would be grandfathered and that was why he was before the Council with his request to have the use of "bus storage" added to the new uses. President Law pointed out if Council was to address this request conscientiously, it might require more than just adding the use to the allowable uses and would look to the City Attorney to advise them appropriately. Mr. McConkey stated he believed Council would want advice from the Planning Department and the City Attorney. He felt strongly that Council had the authority to approve his request at this time. President Law suggested tabling this item until Council has been advised of the appropriate action needed, or approve the request TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 11 of 19 with he caveat that if this use cannot be grandfathered it would have to be brought back before Council. Mr. McConkey suggested Council ask the Planning Department if it is within Council's power or something that they would approve as well. President Law stated his concern was the fact the Planning Commission did not create the category. Mr. McConkey explained the use was brought about after the Planning Commission's action on this item. Mr. Neville asked if this area was designated in the Campus Evergreen Neighborhood Plan, which took place about 6-years ago? Mr. Hough stated he did not believe the property where the buses are located in an area that is proposed for multiple family zone and residential; however, it use to be designated business. The Campus Evergreen Plan trimmed the industrial district back to leave the BP zoning on the waterfront. But, the rest of the property to the south was recommended for medium or high-density, which was transferred into the City's Comprehensive Plan over a year ago and adopted medium residential, then it was adopted with the Zoning Map multiple family residential. Even so, if the use was established legally under the old industrial zoning, it can remain on the site. He pointed out Mr. McConkey's request was a text change, not a map change and could be addressed at a later date. President Law stated he was confused over the point the site was not being used as a bus storage space until after the Planning Commissions hearing on the new Zoning Map. Mr. McConkey stated the problem at the present time is the user of the site has been denied a City business license and it was denied because there isn't any "pigeon hole" for such a use in the BP Zone. Mr. McConnell pointed out Mr. McConkey was wanting to address an issue that should be discussed under Agenda item 10A, not 9D. Mr. McConke~ stated Planning Department personnel informed him that this item was the appropriate item to discuss his request. In fairness to Mr. Hough, he was not aware of his request; however, other members in the Planning Department were aware of the situation. Mr. Hough stated the permitting department should not be holding up the permit because of the new Zoning Map because if the changes adopted last week are approved on second reading there is still a 30-day period before they become effective and during that time the old rules would still apply. If the use of bus storage is allowable under the old zone, then the business license should not be held up. Mr. MoConke~ stated Mr. Pratt, Director of Community Development rejected the request. President Law supported the idea that Council would wait for Mr. McConkey to come back to them, if an appeal is required. Mr. Colvin asked what Mr. Hough would recommend to satisfy this situation? Mr. Hough recommended reviewing the permit issue and see why the request for a business license has not been processed. He did not recommend tabling this item based upon Mr. McConkey's TAPE #1380 City Council Reg. Mtg. Minutes May 22, 1996 Page 12 of 19 #2976 request. Mr. McConkey explained it is a fact that the use is not allowed under the present BP Zone nor is it allowed in the future BP Zone. Before the Map Atlas was printed, it was his hope that someone would allow or disallow the use so he could go through the process necessary to get it allowed. Public comment - none. M/S/C/U(Montgomery/Neville) to pass Ordinance on second reading adopting the revised Official Zoning Map of the City of Bremerton, Washington. 9E - ORDINI~NCE (FIRST READING) ESTBLISHING THE OFFICE OF RISK N~NAGEMENT & S/~FETY WITHIN THE DEPARTNENT OF ADMINISTRATIVE SERVICESANDI~v, ENDING CHAPTER 2.92 OF THE BRENERTON ~UNICIP~L CODE, #1~B96-107 The attached ordinance implements recommendations contained in the John Haywood (Pacific Risk Management) review of September 1995 as follows: 1. Establish a safety program; 2. Designation of a safety officer, responsibilities, and organizational structure; 3. Designate Human Resources Manager to develop and manage return-to-work program; 4. A claims management committee is established comprised of the Mayor, City Attorney, Director of Administrative Services, Risk Manager, appropriate department heads, and the City's contracted claims adjuster; 5. Levels of settlement authority for litigated and non- litigated claims are established as follows: Risk Manager, non-litigated up to $14,999 City Attorney, litigated up to $14,999 Mayor, Claims Management $15,000 to $49,999 Committee Council 6. Notification of Risk Manger regarding settlements to assure insurance carrier approval. Mayor Lynn Hotton stated this a continuation of improving the City's Risk Management program. She was not sure if Council agreed with the idea of giving her having the authority to settle claims up to $49,999.00, but currently she does not have to bring any settlement amounts to Council for their approval. Her past practices have been to bring claim/litigation issues that are over $25,000 to Council seeking their concurrence and/or input. She had no objection if Council wished to reduce the proposed authority amount. TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 13 of 19 TAPE #1381 But, it does solidify some of the actions the Administration has done informally and thus far things have been working well with the Claims & Litigation Review Committee. The Committee's intent is to head of claims before they become litigations and to dispose of litigations, once they have been filed, as promptly as possible or keep them as low as possible for payoff. The City has already benefitted from the formation of this committee. Public comment - none. Mr. McConnell pointed out a correction to Section 7, (5)...Claim payments in excess of $49,999 (not $50,000) subject to approval by the City Council. 1.91.060 shall be Mr. Colvin stated he supports this proposal and asked if Council would be apprised of awards under $50,000? Mayor Horton stated that information could be included as part of the City Attorney's claims review, which is done on a quarterly basis. Mrs. Huff-Menees stated when this matter came before the Fiscal and Budget Committee everyone was in agreement and pleased to see it come with the presentation of the recommendations that were made by Mr. Haywood. In terms of the recommendations being followed, she views it as a very good proposal. Fiscal & Budget Committee did not take issue with any of the levels of settlement authority indicted and she supported their passage. Most of the claims that have come before Council often times start out at a higher level than the limits shown. Mayor Horton stated if there is a litigation that she believe could be precedent setting, she will come to Council whether or not she has the settlement authority in order to get policy direction from the Council. Mrs. Huff-Menees stated the Committee discussion revealed there is a comfort level in the fact that there has been a pattern of bringing issue to Council. Mr. Neville noted the settlement authority levels were discussed at the Operations Committee, but no one had any objection to them. Since there was no upper limit of settlement authority, any control is better than no control. He referenced the establishment of a Safety Officer and questioned if the duties associated with that position would mean a full time commitment rather than a part time person, who works in various departments? He questioned if the Safety Officer's major salary would come out of the Risk Management Department? Kathleen McCluskey, City Clerk, stated no, the salary would be divided between the departments that use the function and only a quarter of the time for that position would be funded in TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 14 of 19 #0241 that manner. The other three quarters of his time will be covered by the Public Works and Utilities Department. Mayor Hotton pointed out the Safety Officer would receive some assistance from other staff members in the various departments. Mr. Meville asked if Mr. Lucas, who presently servers as the Safety Officer, was the only person in the City that has been trained to carry out this function? And, he sees an opportunity during the next budget preparation time to possibly address the increased need of this position. Mayor Hotton stated that issue could be looked at more closely as they get into the budget process; however, at this time the work schedule was working out adequately. M/S/C/U(Neville/McConnell) to approve ordinance on first reading establishing the Office of Risk Management & Safety within the Department of Administrative Services and amending Chapter 2.92 of the Bremerton Municipal Code. 10A - PUBLIC HEK~ING TO WEND THREE CHAPTERS OF THE OFFICIAL ORDINK~CE CONSISTENTWITH THE COMPREHENSIVE PLANANDTO MEET GROWTH I~xNAGEMENTACT REQUIREMENTS; AND ORDINK~CE (FIRST RE~DING), #AB96- Bremerton is reviewing and amending its development regulations to make them consistent with the Comprehensive Plan and the requirements of the Growth Management Act. The ultimate objective is to bring all major regulations into a single "development code". These three chapters of the Zoning Ordinance are closely related to the Zoning Maps and are the first step in the amendment process. The Planning Commission has studied the amendments, held study sessions, and conducted a public hearing on April 16. The amendments include the introductory Chapter I, the definitions of Chapter IX, and the details and minimum development standards of each zone in Chapter V. The Commission is recommending City Council adoption of these amendments. Ron Hough, Planning Manager, explained this is a continuation of zoning revisions. He briefly reviewed the following objectives: achieve consistency with the Comprehensive Plan, streamline the permit process, clarify and simplify; integrate new ideas and improvements; and move toward a "Development Code". The first wave of review involve the revised Zoning Maps, which were approved; Chapter I - Introduction; Chapter II-Definitions; Chapter V - Zoning Districts. Coming at a later date will be discussions on: General Provisions (yards, setbacks, lots, etc.); Special Design Standards (new section); Planning Unit Development (streamlining); Parking, Signing and Landscaping (simplifying); Critical Lands (integrating key ingredients into the Development Code); Nonconformities (streamline and simplify); Land Division TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 15 of 19 (subdivision, short plats and minor lot line adjustment); Procedural Requirements (applications, SEPA, hearings, appeals, 1724, etc.); and Enforcement. Chapter I required very few changes and includes: Title and Enactment, Purpose, General Interpretation, Basis For Discretionary Decisions, Interpretations Of The Zoning Map, and Zoning Upon Annexation Chapter II is the Definition section that includes about 160 definitions. Some of the definitions were old and needed to be updated and some needed to be added. A few of the newer ones that have been added are: accessory dwelling unit, Appurtenance/ Appendage, and Art Gallery Studio. All of the definitions have been reviewed and approved by the Planning Commission. The Commission held numerous Study Sessions, which were advertised and open to the public for their input, but very few comments were received from the public. Chapter V includes a new section "Plan/Zoning Consistency", which was intended to show more clearly exactly which zones are directly consistent with which Comprehensive Plan designations. Rezones within the same Plan designation can be approved without a Plan Amendment. But, if the rezone was moving into the next category, i.e., going to CBR from SF-3, then a Comprehensive Plan Amendment would be required. Section 3 - Secondary Zones, is a new section that is being added to make it easier and avoid having to go through a Comprehensive Plan Amendment for a very minor rezone. There is some criteria related to this type of Secondary Zone application. An example would be: the developer of a large residential development may find a need for a centrally-located small convenience commercial center within the development. An area designated "Residential" on the Plan Map would normally require a Plan Amendment to allow the commercial zone. This "secondary zone" would make such a small zone possible without a PlanAmendment if it met the test of being supportive and accessory to the surrounding neighborhood. Section 4 - Phasing recognizes the Comprehensive Plan is a 20-year plan and zoning is today. Sometimes when trying to implement the Comprehensive Plan, the zoning is 20-10-5 years ahead of its time and not quite ready, so the phasing would allow designating the future use on the Comprehensive Plan, but phases the zoning in gradually as it is more appropriate later on. An example of that would be the Montgomery Avenue area going from residential to commercial and be part of the Charleston Business District sometime in the future. TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 16 of 19 Zone Summary Table is new and has been added to this section to combine a general description of each zone with its minimum development standards. Since this table includes most of the information most people are looking for in the Zoning Ordinance, it can be printed separately as a public handout. The Lot Requirements Table summarizes the development requirements for most zones and includes a number of changes. Mr. Hough emphasized this is one of the two most important tables in the Zoning Ordinance in that it provides the details for setbacks, densities, minimum lot sizes, building heights, etc., for every lot in the City. Over the years, there have been lots of comments and during the past eight years Planning staff has gathered input and experience from various projects. The experiences were revealing the need to modify setbacks...reducing the front yard setbacks in the higher density zones. This table gives the summary of what's being proposed in the residential zones and most of them are being reduced. Mr. Hough noted the only proposed change to residential height is in the HD (Highland District) zone, which currently has a height limit of 40 ft. (higher with a PUD). Since the HD zone is very similar to theMR zone and both allow the maximum density, the table shows both zones have a maximum height of 120 feet. (The Planning Commission recommends combining those two zones into one. The Land Use Table shows allowable uses on every lot in the City, depending on the zone. The table also shows whether or not a use is allowed outright (designated by a "A") or if a Special Use Permit is required (designated by SUP), or allowed in a Planned Unit Development (PUD). If there is no designation in the box, it means it is not allowed totally. Dealing With Nonconforming Lots - this is a voluntary discussion because it seems to pop up every now and then. The City has a policy allowing people to build on any size lot provided they can build legally with the proper setbacks, off street parking, etc. If a lot is too small, then it should be sold to an adjoining property owner. There has been some feelings that the City should not allow building on substandard lots. That issue has been reviewed and determined it was not a good idea since it might result in a lot of vacant lots and possibly some takings challenges by saying a property owner could do nothing with their property. It was felt it would be better to infill smaller lots with smaller houses or combine it with a neighbor's lot. There is no recommended change on the City's policy of allowing development on all size lots, but the City does not allow the creation of a non- conforming substandard lot. TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 17 of 19 Redesigning The DR Zone - One of the earlier concepts was to change the names of all residential zones. In the single family zones the intent is to eliminate the word "family" since we are not dealing with families in zoning, but rather units, dwelling units, or households and households are not necessarily related by blood or marriage. The duplex zone isn't really a duplex zone, it does allow duplexes, but it also allows single family homes. Some people feel if they can get a rezone from SF-3 to Duplex it is a step up in density or use, but really the density is the same. An opportunity was apparent to modify the DR zone and eventually give it another name, but what is proposed is to change this to the only low density zone that allows more of a variety of housing types. There isn't any zone in the low density category that allows triplexes or multiple family dwellings or townhouses in less than 8-units per acre. He referenced the Pope Resources P.U.D., as an example of that zoning configuration. The impacts and advantages of this proposal is it will allow the mix of zones needed within a low-density PUD without the need to amend the Comprehensive Plan. It will also fill a need for a low density residential zone that allows multi-unit structures to a maximum density of 8 units per acre. The zone could then be approved in the most appropriate locations through the Rezone process. Residential Densities - this is a change to the Zoning Ordinance. The Lot Requirement Table of Chapter V includes a column entitled "Allowed Residential Density". Each residential zone has a density range within which development will be limited. The high and low limits are directly consistent with the Comprehensive Plan densities for the categories of Low, Medium and High Density Residential. An example of that is: the MF and CBR zone will require developments of at least 8 DU/acre but no more than 18 DU/acre. A proposal to build a duplex in the center of a half-acre lot in the CBR zone would not be within those parameters and couldn't be approved. The City would require the Site Plan to show how at least two more units could be built on the lot at a later time to arrive at the minimum allowed density. That process will allow the phased development of the property but will not allow its future density potential to be lost through short-sighted inappropriate development. Mr. Montuomervreferenced front yard setbacks and the fact SF-3 was being reduced in the Highland District to 15 and 10 foot with a 20- foot setback for carports. He questioned if the 10-15 ft. setback is allowed will the City allow a driveway without a garage on that front portion? Mr. Hough stated explained all carports and garages shall maintain a front setback of 20 feet. People park in their driveways and currently there is 20-feet of space between the building and the property line. If someone does not want to build TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 18 of 19 a garage, they must still provide off-street parking, which must be outside the front yard setback. Mr. Colvin questioned the provisions for requiring off-street parking? Mr. Hough stated generally two spaces for a single family house. For apartments the more bedrooms the larger number of parking spaces are required. Mr. Colvin asked if lots can be created that are only 30 feet wide? Mr. Hough stated yes. Mr. McConne11 questioned the standards for accessory dwellings? Mr. Hough explained another section of the Zoning Ordinance will be coming to Council that have those standards. Currently, such standards have not been adopted. Mr. McConne11 asked if the City will encourage "mother-in-law" units in backyards? Mr. Hough briefly reviewed some of the recommended standards that will be brought to Council at a future date. Mr. McConnell inquired as to the land mass that will be required for such development? Mr. Hough stated it would require the same setbacks as required by the zone. Mr. Neville noted there are 14 categories in the Land Use Table and questioned if new categories would be added at any time without taking formal action? Mr. Hough stated it would take a Zoning Text Amendment to add to, delete or modify the Land Use Table. Mr. Novills pointed out the whole intent of the changes is to streamline the process for the public and allow infill in the City. He commended the Planning Commission for doing a tremendous amount of work on developing the revised document. Public comment - none #1433 M/S/C/U(Montgomery/Colvin) to approve ordinance on first 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;, including combining the MR and HD zones with the name to be determined later. President Law acknowledged the TV crew - Erin Daniels, Vallary Daniels, Terry Bolby and Heather Daniels. TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 19 of 19 With no further business meeting adjourned at 8:02 P.M. ~TH~LEEN~L.~City Clerk JO.~~~W,~nt City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault