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HomeMy WebLinkAbout05/15/96TAPE #1378 COUNCIL APPROVED JUN 5 1996 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MAY 15, 1996 #0028 #0039 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 15, 1996, at 5:30 P.M., with Council President JohnLaw presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, David Farr, Richard Neville, and Lon Overson. Council member Sherril Huff-Menees was absent. Also present were 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 Reverend Gordon Hanstad of Sylvan Way Baptist Church. CONSENT AGENUA A. Minutes -- May 1, 1996 #AB96-094 B. Resolution No. 2545, Setting Hearing Date of #AB96-095 June 5, 1996, on Formation of a L.I.D. for Jenner Avenue Sidewalk Improvements C. Resolution No. 2546, Setting Hearing Date of #AB96-096 June 12, 1996 for Kitsap Lake Sewer Final Assessment Roll for U.L.I.D. #327 D. Resolution No. 2547, Setting Hearing Date of #AB96-097 June 12, 1996 for Wheaton Way Sewer Final Assessment Roll for L.I.D. #328 M/S/C/U(Neville/Farr) to approve Consent Agenda as presented. CLAIMS/CHECK REGISTER8 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 15, 1996, the Council does approve for payment those vouchers included and further described as follows: 197692 through 197701; and 197739 through 197938 in the amount of $461,223.60. COUNCIL MEMBER REPORTS TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 2 of 16 Mr. Winters welcomed Mr. Law and Mayor Horton back from their trip to Washington D.C. He reminded the public about the Armed Forces Day activities this weekend, including the parade and breakfast; and he congratulated the new Miss Bremerton. He announced the next Kitsap Lake Neighborhood Association Meeting will be Tuesday, June 4, at 6:30 P.M., at the Cascade Natural Gas Building on Kitsap Way. The discussion at that meeting will include the issue of cleaning of area lakes. Mr. Montgomey announced Districts 6, 7, and 8 will have their combined-District meeting on Thursday, May 23, at the Bremerton School Administration Building, with Mayor Horton and Mary McClure from Sinclair Landing Association will be the featured guest speakers. Mr. Farr also encouraged citizens to attend the upcoming District 6, 7, and 8 Neighborhood Meeting. Mr. Neville invited the public to come to the old Smith School on Park Avenue, where the Kitsap Community Action Program (KCAP) is housed. KCAP is planning to do some remodelling, and would like citizen input on issues such as color scheme. The meeting will take place on May 28, 5:30 P.M., in the gym. Mr. Overson stated this is one of the biggest weekends of the year for the City of Bremerton, and encouraged citizens to come and participate in some of the many Armed Forces Day activities being offered. One of the biggest events will be the "Swing Dance" to be held Saturday night in the F.O.E. building. Mr. Law thanked Mr. Neville for sitting in as Council President for him last week. He and Mayor Horton were honored to accompany a delegation from the Puget Sound Naval Shipyard, who travelled to Washington D.C. to receive the Commander in Chief's annual Installation Excellence Award. This award is very prestigious because only one naval installation is recognized each year. This year's ceremonies were held at the Pentagon. While in Washington D.C., he and the Mayor used the opportunity to make calls on military and congressional officials to talk about the USS Missouri. It was perceived that if the selection was to be made on merit, Bremerton would be chosen hands down. The concern, however, is that "politics" will interfere in the decision process. The Missouri Committee in Bremerton has done an outstanding job providing the Navywith information justifying the Missouri staying in Bremerton. On Thursday evening, Congressman Norm Dicks and Northwestern Bank hosted a very nice reception for the Puget Sound delegation, and several Senior Naval Sea Systems Command officials were also present and could not say enough positive things about our shipyard and the people there. TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page.3 of 16 He reminded citizens of the monthly District 3 Neighborhood meeting to be held Tuesday, May 21, 7:00 P.M. at the Senior Center located at 13th & Nipsic. Three subjects will be addressed, including "Street Maintenance" with Bob Tulp from the Public Works Operations Department; a "Clean-Up Day" for Manette; and "Current Events in Manette". Mr. Colvin welcomed a group of senior citizens in the audience and noted most of them are from the Sylvan Way Baptist Church. He introduced Ms. Emily Moshay, who was representing the senior citizens, and Ms. Nancy Buck, who was representing District 1. Emily MoshaV presented a Certificate of Appreciation to Sun Columnist Jim Rothgeb, for all the support generated by newspaper articles he wrote on the Scotch broom issue. Jim Rothgeb accepted the certificate, and thanked the citizens. Nancy Buck presented a Certificate of Appreciation to Mayor Lynn Horton, for listening to the concerns of the citizens. Mayor Lynn Horton thanked the citizens for the award, and stated that she could not take all the credit. She accepted the certificate for herself and all the staff members who spent a lot of hours on this project. Mayor Horton was presented a bouquet of flowers by Elizabeth Buell on behalf of the citizens as a thank you for her effort in getting rid of the Scotch broom at the north end of the Warren Avenue bridge. Nancy Buck announced District I will hold their Neighborhood meeting on Thursday, May 16, 7:00 P.M., at the Sheridan Park Community Center at Lebo Blvd. & Clare Avenue, with special guest, Mayor Lynn Horton, who will discuss the "State of the City". MAYOR,8 REPORT Mayor Lynn Hcrton reiterated Mr. Law's comments on their recent trip to Washington D.C., where they both lobbied for a Congressional appropriation for the Ferry Terminal Expansion Project; checked on the status of a H.U.D. Grant and Loan the City was awarded; and took the opportunity to talk with Congressional Aids about the USS Missouri. A clear message needs to be sent to the Navy, who is making the decision, and also to the President, that Washington State has as much clout as California, and deserves the ship from both a merit standpoint, and a political standpoint. She pointed out a display of "thread art" displayed in the Council Chambers, which was created by children during the annual Children's Art Festival at Olympic College. This event is free for the public, and she considers it one of the better events the community has to offer. She thanked the organizing members who sponsored that event. The City of Bremerton received its CenCom Law Enforcement Activity Sheet through April, which reports a 5.8% decrease for "police TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 4 of 16 calls" in the City. This equates to almost 1,000 calls, at about $10 per call, which means the City has saved about $10,000. She shared a letter from the Department of Housing & Urban Development indicating the City's Community Block Grant money and HOME money in the amount of $999,000 have been freed up to be put to work in the community, with most of it going to housing rehabilitation. The Mayor thanked Terrie O'Neill, Municipal Services Coordinator, for the tremendous amount of work she did putting together the Bremerton Olympic Torch Run, and all the activities that went along with it. Lots of people worked together to make this an exciting and memorable event. She also thanked all the people who showed up to cheer along the sidelines. Mayor Lynn HoEton read the following Proclamations: (1) May 18-24, 1996, as National Safe Boating Week. Commander Ralph R. Peterson, Bremerton Power Squadron, accepted the proclamation and talked about what the Power Squadron organization and its purpose within the community, which is to promote safety and legal operation of vessels for recreational purposes. (2) May 15, 1996, as Peace Officer Memorial Day. Police Chief Paul Du Fresne accepted the proclamation in honor of police officers, who have given their lives or were disabled in the line of duty. A service in this area was held this morning at Evergreen Park. (3) May 17-18, 1996, as Poppy Day. She also acknowledged VFW Post 239 and VFW Post 3694, which were both officially designated and endorsed by governmental leaders since 1922. MeEt McKee accepted on behalf of Albert C. Cain, Post 149. She presented poppies to Council and staff members. The poppies are sold to provide support for disabled and needy veterans, and also for the widows and children of deceased veterans. (4) May 19-25, 1996, as National Public Works Week. Gene Sampler, Director of Public Works & Utilities, accepted the proclamation, and invited the public to an Open House on May 16, 3:00 - 7:00 P.M., at the Public Works & Utilities Facility located on Oyster Bay Avenue. President Law, on behalf of Councilman Colvin, thanked Parking Supervisor Deborah Goodell, and Police Chief Paul Du Fresne for their help and the part they played in arranging the special presentation held this evening. PUBLIC RECOGNITION TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 5 of 16 Emily Moshay, Family Advocate for the Kitsap Community Action Head Start Program, introduced two parents who have children in the Head Start Program. Renee E. Mournighan, Chairperson for the Parent Group, thanked Councilman Colvin for the invitation to attend tonight's meeting, and talked about the positive experience she and her children have had with the Headstart Program. She did state that the program needs the help of the community to keep the program going, and to help it grow. Michael Laxson, parent of Head Start pre-schooler, also thanked Council for the invitation to attend tonight. Linda C. Kroum, YWCA ALIVE Program Director, thanked the City of Bremerton and the City Council for the continued support received, and announced plans are already underway for the "YWCA Week Without Violence" to be held October 6-12, 1996. This is a public education campaign created for the YWCA, and the schedule includes: Sunday, October 6, "A Day of Remembrance"; Monday, October 7, "Protecting Our Children"; Tuesday, October 8, "Making Our Schools Safe"; Wednesday, October 9, "Confronting Violence Against Women"; Thursday, October 10, "Facing Violence Among Men"; Friday, October 11, "Eliminating Racism & Hate Crimes"; and Saturday, October 12, "Replacing Violence with Sports & Fitness". The 16th annual Unity Luncheon will be held October 15, 1996, and she looks forward to reporting all the great events that will be shared throughout the County during that week. On May 24, 1996, at 12 noon, all of Kitsap County is invited to participate in the announcement of this great effort to observe the 168 violence-free hours. Everyone is also invited to attend the first planning meeting June 4, 1996, at the Silverdale Lutheran Church at 5:30 P.M. Gene David Hart, announced an awards ceremony will be held Thursday, May 16, 7:00 P.M., at the Silverdale on the Bay Hotel, for Police Officers, otherwise known as Peace Officers, who have stopped drunk drivers. One of these officers is from Bremerton, and he encouraged citizens to attend. Also, on June 6, 7, and 8, the Friends Of The Library will hold a gigantic book sale at the east Bremerton branch of the Kitsap Regional Library. Proceeds will be used for such things as outdoor lighting, indoor displays, baby strollers, typewriters, and special programs for adults and children. On Saturday, June 8, you can purchase all the books you can carry in your arms for $2.00. The public is also invited to help set up for this event on June 5 at 5:30 P.M. 7A - WASTEWATER TREATMENT PLANT ODOR CONTROL AND DECHLORINATION PROJECT (V4215, V4217) AMENDMENTS TO CONSULTANT SERVICES AGREEMENT WITH R.W. BECK, #AB96-098 The City contracted with R.W. Beck to provide engineering design and construction assistance on the Wastewater Treatment Plant Odor Control and Dechlorination project. The City has negotiated 3 #1481 TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 6 of 16 amendments addressing design, construction, and regulatory issues: #5-Final Design; additional bidding assistance, additional plan and specification printing, preparation of a facility plan and preparation of project construction schedule. ($25,544.01) #6-Construction Assistance; additional construction assistance due to 12 month construction time (originally anticipated 9 months), additional submittal reviews and an increase in start-up assistance, parts inventory and post construction assistance. ($135,860.71) #7-One year certification of dechlorination facilities; review system and provide documentation to DOE as required by WAC. ($17,ooo.oo) The revised not-to-exceed amount of the Professional Services Agreement with R.W. Beck will be $2,043,545.87. Staff recommends approval of the amendments. Randv Witt, City Engineer, stated the City has been in this contract with R.W. Beck for about two years, and is satisfied with their performance. As the City has worked with them, amendments to the contract have been negotiated and broken into three separate amendments to keep the categories of work distinct. Amendment #5 addresses the final design considerations, which are items that came up after the design was complete. The biggest is the preparation of the facilities plan, which is a requirement by the Department of Ecology. Amendment #6 is for Construction Assistance, because originally the contractor was allowed one year to do the project, but 9 months was actually anticipated. At this time, the contractor has found that he does need the additional 3 months, which will be allocated to provide for the original time of one full year. More work is being performed by R.W. Beck than was originally anticipated. Amendment #7 is for the One-Year Certification, which is required by the W.A.C. Public comment - none. President Law commented that this item was presented to both Council committees, and most of their questions have already been asked and answered. M/S/C/U(Montgomery/McConnell) to authorize and direct the Mayor to execute amendments number 5, 6, and 7 to the Professional Services Agreement with R.W. Beck for engineering services on the Wastewater Treatment Plant Odor Control and Dechlorination Project. 8A - RESOLUTION NO. 2548, ACCEPTING CENTENNIAL CLEAN WATER FUND LOAN (NO. L9600021) FOR CALLOW AVENUE BASIN CSO REDUCTION PROJECT, #1644 TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 7 of 16 PRIORITY 1, PHASE 2 CONSTRUCTION, #AB96-099 The City applied for and received a Centennial Clean Water Fund (CCWF) loan in the amount up to $2,500,000 for construction of the Callow Avenue Basin CSO Reduction Project, Priority 1, Phase 2 (or Phase 2 in the application) improvements. The loan is to be paid back over 5 years with no interest. The attached Resolution accepts the loan and authorizes the Mayor to sign all documents relative to the loan. Mr. Witt stated the City has been very successful in obtaining a substantial number of low-interest loans, and this is one of them. This loan is for an amount up to $2,500,000. By accepting this loan over another more common source of funding, the City will save over $1.1 million dollars over the life of the loan. Public comment - none. Mr. Farr asked which staff members were responsible for working to bring this zero-interest loan offer to the City? Mr. Witt stated it has been a team effort with a number of people, but most notably Tim Richard, Senior Engineer at Public Works & Utilities; and Megan Kalsen, City Grants Writer. Mr. Farr thanked them, Mr. Witt, and everyone else involved. Mr. Colvin asked Mr. Witt to elaborate a little on the benefits of this loan for all the citizens. Mr. Witt stated this is a 5-year interest free loan that must be paid back in five years, starting in 1997. The money comes to the City through the Department of Ecology, from the State's Clean Water Program. This is an annual, competitive process that the City went through to receive this loan. M/S/C/U(McConnell/Montgomery) to pass Resolution No. 2548, authorizing the Mayor to sign all applications, agreements and amendments, and other documents relating to Centennial Clean Water Fund Loan documents, for the Callow Avenue Basin CSO Separation Phase 2 Project (CCWF Loan No. 9600021). 9A - ORDINANCE (FIRST READING) AMENDING THE 1996 BUDGET (BUDGET ADJUSTMENTS #96-0 THROUGH ~96-12), #AB96-100 A number of actions have been taken by the City which need to be incorporated into the Budget in order for the document to remain an accurate projection of City financial activity. Rich Hanna, City Treasurer, stated this is the first amending ordinance brought before Council this year. It incorporates adjustments 0 through 12, which have all been brought before Council except Budget Adjustment 96-0, found on page 84 of the Agenda Packet. This adjustment is basically a "house-keeping" #1750 TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 8 of 16 issue that provides information that was inadvertently left out during approval of the original budget. Public comment - none. M/S/C/U(Farr/Montgomery) to approve ordinance on first reading, amending Ordinance No. 4539 relating to the budget of the City of Bremerton for Fiscal Year 1996. 9B - ORDINANCE (FIRST READING) AMENDMENT TO B.M.C. CHAPTER 1310 - MUNICIPAL TREE ORDINANCE, #AB96-101 The existing Tree Ordinance was last updated in 1989. The current changes more clearly define individual, City, and City department responsibilities, and eliminate the need for citizen Street Tree Permits. Pruning practices are clearly identified and should help preserve tree health and appearance. The final major changes is in simplifying the ordinance by removing repetitive abatement verbiage that is already in place in Chapter 11.16. This Ordinance Revision incorporates the views and inputs of Engineering, Public Works, Operations, the City Attorney, Parks & Recreation, and the Tree Committee. The revised Ordinance received additional review at the April Traffic Safety Committee meeting. Becky Lorber, Parks & Recreation Department, stated she is pleased to bring this ordinance before Council, which incorporates the views of both the citizens and the departments of the City of Bremerton. The important change came about when it was decided to create a City policy that dealt with the urban tree and shrub care & maintenance program because it clearly identified which departments are responsible for which trees within our community. This policy has already been in use, and is proving to be effective. Another change is shortened the length of the ordinance by taking away some of the redundant passages. The topics have been simplified and are much more concise. One of the added requirements to the Parks Department is the maintenance of a Tree Library. Jim Trainer, Urban Forester, is responsible for already compiling 30 volumes of information. All of this came about from the DNR Tree Grant received last year, and the value of the library is already at $5,000, and is available to the public at no charge. Another accomplishment coming from the proposed changes and through Jim Trainer, is the planting of over 200 trees at Pendergast Regional Park; the removal and replacement of hazardous trees along Evergreen Cemetery; and other hazardous tree removal in other parts of Bremerton. This ordinance represents a working document for the citizens and will also be helpful in improving the care for trees and shrubs. The City is responsible for trees in public places and right-of-ways, and private trees and shrubs that impact safe viewing distances or present hazardous conditions. TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 9 of 16 Jim McDonald, 2944 Pawnee Drive, offered a few suggestions of what he thinks should be included in the Tree Policy. He feels the policy should also address what types of trees are to be planted or not planted in certain areas. For example, the downtown area has a few areas where the volume of pedestrian traffic is very heavy, such as near the shipyard gate, and the width of the sidewalk does not seem wide enough to have a tree planted there. When trees are planted, either by the City or private citizen, occasionally a tree will be damaged, and then all that is left is a hole in the sidewalk. He asked if there was accountability in the policy to address a review of tree re-planting. Ms. Lotbet stated damaged trees are replaced as long as assets allow. In addition, a tree nursery has been started. Mr. Farr asked how to gain access to the Tree Library? Ms. Lotbet explained the library is located in the Parks & Recreation main office at 680 Lebo Blvd., with hours from 8:00 A.M. to 6:00 P.M. Mr. Colvin asked who is the liable party, if a hole is left from a damaged or removed tree? Ian Sievers, City Attorney, stated because there is a hole, and no longer a tree, it becomes a "sidewalk defect". If the City authorized removal of the tree, the City needs to take care of the hazard that results from that removal. Mr. Overson stated this was a notable improvement over the old ordinance, and asked who does a citizen call if they have a concern? Ms. Lotbet stated calls can be made to the Parks Department, Engineering, or Public Works & Operations. The matrix that has been included will quickly identify which department is responsible for taking care of the problem. Mr. Overson questioned for clarification the issue of removal of vegetation and whether or not the owner of the property was responsible for the removal or if no action was taken, then the City would remove it and then charge the owner? Ms. Lotbet explained if the tree is on municipal property, then the City is responsible for taking care of the tree and any hazardous situation. Hazardous situations are determined by the Engineering Department. If the tree is on private property, it would be the property owner's responsiblity. If the tree or shrub is on private property, but is creating a hazard for the public by extending into public areas, then it becomes an issue where Engineering will determine the hazard, if any, and assess the proper correction. Mr. Overson again asked if the owner took no action after being notified of a problem would the City do the work and then charge the property owner? Ms. Lotbet stated if the owner refuses and goes through the abatement process, it could eventually result in the City doing the work and charging the owner. #2329 TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 10 of 16 Mr. Winters expressed concern that some trees in the downtown area have been severely pruned and questioned if there was a plan to transfer those trees to another area and plant a more appropriate tree? Ms. Lotbet stated it was her understanding that was a type of pruning for that tree species, which will branch out in the summer. Mr. Colvin questioned the responsiblity of a new property owner, who may not have been aware of the liability they were assuming when purchasing their home? Mr. Sievers stated the new owner would be liable. By virtue of the proposed ordinance, purchasers of property within the City are put on notice that trees in planting strips in front of their property may well be their responsiblity, and they can check with the Parks Department to see if it was a City tree that was part of a master plan or community planting program, which would be the City's responsibility. M/S/C/U(Overson/Montgomery) to approve ordinance on first reading repealing Chapter 13.10 of the Bremerton Municipal Code and adopting a new Chapter regulating the planting, removal, maintenance, and protection of municipal trees and shrubs directly affecting public areas in the City of Bremerton, Kitsap County, Washington. 10A - PUBLIC HEARING AND ORDINANCE (FIRST READING) STREET VACATION/ 6TH, 5TH, AND VENETA ALLEY~ APPLICANT: STAR OF THE SEA PARISH, #AB96-102 Our Lady Star of the Sea Parish is requesting approval of land use applications to redevelop their school at its present location north of Veneta Avenue between 5th and 6th Streets. In order to consolidate all the property needed for the project, the Parish is requesting vacation of an adjoining alley way at the west side of their property. The Planning Commission conducted a Public Hearing on December 19, 1995 and has recommended approval of this request. The City Council, as the legislative body, must hold a Public Hearing to consider the Planning Commission's recommendation. President Law asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Jack A11ingham, Planning Division, stated this proposal is an application to vacate some alleyways between 5th Street and 6th Street, west of Yeneta Avenue. The alley itself is approximately 14 feet wide. In exchange for vacating this alley, Star of The Sea is proposing dedicating a new alley, relocating another alley a TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 11 of 16 little further to the west and also dedicating a 5 foot strip along the north side of 5th Street. The alley vacation is necessary because the Parish has been consolidating enough land to redevelop their school site. The present school, which was recently demolished, was on the corner of 6th and Veneta and the intent is to construct a new school that would front on 5th Street and part of that construction would be widening 5th Street and constructing an 8-foot wide sidewalk and parking along 5th Street. During the Planning Commission hearings on this issue, testimony was heard that identified relocating the alley would now put an alley up against some properties that did not have an alley adjacent to them previously. The site plan has been mitigated to provide a landscape buffer between the newly relocated alley and residents. also, the alley is proposed to go between 5th and 6th Street instead of an early proposal to close off the 6th Street access. Public testimony prior to this hearing swayed the Planning Commission to recommend approval of the alley going through to 6th Street. The proposed ordinance, if approved, would essentially trade the vacated alley for the new dedicated alley and the 5-foot dedication along 5th Street. Dave Fergus, Architect for the project, stated he and members of the Parish have thoroughly explained this project before both the Council and Planning Commission and are hopeful Council will give its approval to the vacation as requested. Tom Davis, Parish Council President, affirmed many meetings have been held with the adjoining neighbors, who have agreed to the relocation of one alley and constructing a new alley. Mr. Neville thanked the Star of the Sea Parish for their hard working in working out the problems with the adjoining neighbors. He was pleased that they came to a mutual agreement that benefited all of them. Mr. Overson noted the model motion recommended vacation, but the ordinance states the vacation is contingent upon dedication. He referenced Exhibit A and questioned if the wording indicated the new dedicated alley and the vacation of the current alley? Mr. Sievers, City Attorney, stated the legal description for the vacated alley is set out in the ordinance under Section 1. Exhibit A is strictly the property that will be dedicated as the new right- of-way. Mr. Winters questioned if anyone was willing to relocate the house west of the demolition site? Mr. Davis noted there was some interest shown, but the construction start date is June 10 and the two houses need to be removed in order to construct the new alley. #3191 TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 12 of 16 Mr. Winters questioned the price of the two houses? Mr. Davis explained they were available for the cost of towing them away. M/S/C/U(Colvin/Montgomery) to approve ordinance on first 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 the adjoining east/west alley. 10B - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDMENT TO CITY-WIDE OFFICIAL ZONING MAP THAT 18 CONSISTENT WITH THE COMPREHENSIVE PLAN, AND THAT MEETS GROWTH MANAGEMENT ACT REOUIREMENTS, #AB96-103 Bremerton adopted its revised Comprehensive Plan in April 1995, and re-adopted it by Ordinance No. 4545 on February 21, 1996. The next step in this process is to make our development regulations consistent with the Comprehensive Plan, as required by the Growth Management Act. The Planning Commission and staff have drafted corrections to the Zoning Map. Most of the corrections are minor, but affect properties City-wide. Rather than process many small changes to the Official Zoning Map, the Planning Commission has forwarded a recommendation that the City Council adopt the revised Zoning Atlas, which is attached as Exhibit "A" to the accompanying ordinance. Ron Hough, Planning Manager, stated the Growth Management Act requires that the City's development regulations be consistent with the Comprehensive Plan, which can be amended one time each year. That process is underway and a number of Comprehensive Plan amendments will be brought before Council some time in July. Zoning can be adjusted at any time and what is proposed at this time is adjusting City zoning to be consistent with its Comprehensive Plan, which was readopted in February of 1996, by ordinance, following a long appeal focused on the Anderson Creek area. Following several public hearings, the Planning Commission recommends adoption of the new Zoning Atlas, which is a new type of format that is easily reproduced and modified as necessary. As the amendments are processed, the Zoning Map is brought into consistency with the Comprehensive Plan Map. Mr. Hough pointed out in low density residential on the Comprehensive Plan, there are six zones that were identified as being consistent with the Comprehensive Plan designation. As an example, if someone comes into the Planning Department 1-5 years from now and they have a SF- 3 zone they want to rezone to DR, they would not have to do a Comprehensive Plan Amendment since both of those designations are TAPE #1378 City Council Reg. Mtg. Minutes May 15, 1996 Page 13 of 16 within the same category. TAPE #1379 The major changes were identified as changes in major category, such as commercial to industrial or residential to industrial. When such areas were identified, written notices were sent to the property owners and some of them responded and attended the Planning Commission meetings where they had a more indepth look at those properties. Mr. Hough highlighted Gold Mountain Golf Course, which was formally zoned Forest Management (FM) and does not allow golf courses or recreational facilities. That area has now been rezoned Parks and Schools (PS). The Anderson Creek area, which was designated as Industrial Park on the Comprehensive Plan and later modified as a result of the appeal, has been changed to one half as Forest Management and Industrial Park on the west side of the Sciepko property, which was annexed into the City, and a small SF-1 Zone in the southeast corner. Mr. Sciepko, when going through the process of annexation and zoning and Comprehensive PlanAmendments, came to the understanding that certain uses would not be appropriate in that area and agreed to their being designated as part of the map. Since such a list of non-allowable uses for one particular property or site was unusual and they weren't sure how to place it in the code, it was attached to the map. The following changes were identified in the West Bremerton area: (1) a piece of property to the south and east of the former Kitsap Lake Drive-In Theater making it Industrial Park to expand the Industrial Park area near the shopping center; (2) an area north of Lyle Street, which comes up and meets Kitsap Way; (3) and a site in the Auto Center Way district. These properties are fairly large and could be redeveloped into Industrial Park light industrial uses fairly easily. Letters were sent to those property owners and only positive responses were received during the Comprehensive Plan amendment and no responses during the zoning process. The mobile home park on Lyle was designated as SF-3 and the zoning change shows it as Professional Office, which is consistent with the Comprehensive Plan's professional and general office uses, which would give it some opportunities for redevelopment. It is fairly unlikely that an older mobile home park would redevelop into a sub- division. The main change in the Auto Center Way District was the change from General Industry. Through the years, the old zone allowed almost everything and just about everything happened from warehouses and trucking firms to commercial establishments. There is room for expanded use in that area and the new zoning designation will allow more opportunities than the previous designation of General Industry. Another change deals with Pope Resources property/270 acres, which TAPE #1379 City Council Reg. Mtg. Minutes May 15, 1996 Page 14 of 16 has an approved preliminary Planned Unit Development, and an additional Comprehensive Plan Amendment is being processed to provide more detail within their P.U.D. area. Earlier this year, a change was made to the Comprehensive Plan showing 10% Industrial Park within the P.U.D., which was previously approved in 1990, but did not show up on the map. Mr. Hough highlighted the Charleston Business District, the old Haddon School site and an area along Montgomery Avenue. The area identified within the Charleston Business area includes the south Callow area, which is part of the new proposed gateway entrance into Bremerton. Several changes to the Comprehensive Plan are anticipated as well as zoning within that area. The Planning Department received a number of inquiries as to how the new street configuration would affect properties, how properties might be realigned, which ones might be acquired and which ones would not be acquired, would they have street frontage, would they be commercial, etc. The City will be developing a Charleston District Plan starting in July that will provide much more detail and will probably result in some Comprehensive Plan amendments and Zoning amendments in spring of 1997. In regard to the Montgomery Avenue area, the Comprehensive Plan proposed to move the boundary so that both sides of Montgomery involving seven pieces of property, which are all residential, are included in the General Business Zone. Notices were sent out the affected property owners and their response was it was a great idea for the long term, but not right now since the area has some future for residential use for the next 5-10 years. The Planning Commission decided to leave the zoning as is (duplex/residential) for the time being, but the Comprehensive Plan designating it commercial would allow rezones to commercial through the next 20 years, so that it could gradually transition on its own. Council will soon see text in Chapter V, which talks about phasing zoning and the Montgomery Avenue area would be a test case for that phasing. A larger area closer to downtown comprised of approximately 75 properties located north of Burwell to 6th Street from Chester Avenue to Warren Avenue, has been removed from the Business Core District and designated as High Density Residential and zones Mixed Residential (MR), which is one of the City's highest density zoning districts. In east Bremerton, the Kitsap Regional Library was zoned Parks and Schools and the Post Office was zoned SF-3, so the Comprehensive Plan put it in a Business Office type designation. Now, the Planning Commission proposes to zone both of those sites as Professional Office. Another site has generated some interest in expanding a small commercial center at the corner of Pine Road and Sheridan and a mostly vacant lot across the street into a small TAPE #1379 City Council Reg. Mtg. Minutes May 15, 1996 Page 15 of 16 neighborhood center. So far, there has been no opposition to such a proposal; therefore, that site would be up-zoned to Neighborhood Business Mr. Hough highlighted a piece of property off of Warren Avenue, at the north end of Warren Avenue and Clare Avenue, which is currently zoned Professional Office, but there has been little interest in developing it at that zoning designation. The Planning Commission felt the site was not appropriate for an office type building and are recommending that it be absorbed back into the Multiple Family zone and could possibly be purchased by one of the surrounding property owners. Another site that presents some opportunity for change is a triangular piece of property bordered by Marlow Avenue and Old Wheaton Way, which is one of the most intense business districts. However, there isn't much intensity of business at that site and are more office type, and personal service businesses. Rather than allow the existing building to be torn down and a new business such as a gas station or auto body shop to be built in the middle of the MR zone, the Planning Commission is suggesting to remove the General Business zoning and absorb it into theMR zone. Mr. Hough emphasized the proposedMR zoning would benefit this area and the current uses would continue to be legal, since they are allowed in the MR zone. Mr. Farr referenced the map showing west Bremerton and asked if the map reflected the rezone of property at the end of Snyder Avenue, which is owned by Mr. Haselwood? Mr. Hough stated he recalled that site was rezoned SF-3 from SF-2. The subdivision designed for that area has not gone through the planning process, so the area is still designated as SF-3. President Law referenced the map identified as "I" and the fact specific uses that would not be allowed were attached to the map. He asked the basis for the recommendation to remove some of the uses that would have been otherwise allowed? Mr. Hough stated yes, they would have been allowed in the IP zone and are permitted in any other IP zone throughout the City. In this particular situation, because of the type of terrain and soils and possible danger to the watershed, Mr. Sciepko offered to remove them from the allowable uses on his property in that particular area. Ron Sciepko stated he and his wife congratulate the City of Bremerton and staff for having one of the few validated Comprehensive Plans in the State of Washington. The Growth Management Hearings Board issued a finding of compliance April 15, 1996, culminating several years of effort on the part of the City. They agree with and totally support the Planning Commission's recommendation on the Zoning Atlas and text as forwarded to the City Council; and they look forward to implementation. #1989 TAPE #1379 City Council Reg. Mtg. Minutes May 15, 1996 Page 16 of 16 M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading adopting the revised Official Zoning Map of the City of Bremerton, Washington. With no further business meeting adjourned at 7:24 P.M. ~T~HLEN~L.~ City Clerk J/'/President ~~E.~LAW, Council City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault