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RES 90-35 IMPLEMENTATION PLAN FOR ANNEXATIONRESOLUTION NO. 90- .3~ A RESOLUTION of the City of Winslow, Washington, establishing an implementation plan for the annexation of the unincorporated territory of Bainbridge Island to the City of Winslow. WHEREAS, by Resolution No. 90-18, adopted on March 14, 1990, the City Council called for a special election to be held on the proposition of whether the unincorporated territory of Bainbridge Island should be annexed to the City of Winslow; and WHEREAS, in conjunction with the call for a special election, the City Council established an annexation transition advisory planning committee and five work groups -- government/facilities, land use, police/court, public works and finance/clerk-treasurer's office -- to analyze the proposed annexation and recommend plans for implementing it; and WHEREAS, the work groups gave their recommendations to the committee and the committee, in turn, gave its recommendations to the City Council; and WHEREAS, the City Council has considered the comments and views of the public and has discussed the recommendations of the committee and work groups; and WHEREAS, the City Council desires to establish by resolution its recommendations concerning the operation of city government if the proposed annexation is approved by the voters at a special election to be held on November 6, 1990; now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DOES RESOLVE to implement the plan set forth in Exhibit A, attached hereto and made a part hereof, upon approval of the annexation of the unincorporated territory of Bainbridge Island to the City of Winslow at a special election to be held on November 6, 1990, which annexation shall become effective on February 28, 1991. PASSED by the City Council this 6th day of September , 1990. APPROVED by the Mayor this 6th day of September 1990. Sam J anato, Mayor - 1 - lr/0673R ATTEST/AUTHENTICATE: Donna Jean Buxton, Clerk-Treasurer FILED WITH THE CITY CLERK: 9-6-90 PASSED BY THE CITY COUNCIL: g-6-90 RESOLUTION NO.: 90-35 - 2 - lr/0673R EXHIBIT A The following actions or tasks will be carried out on February 28, 1991, or as soon thereafter as possible (unless otherwise specified) to implement the annexation of the unincorporated territory of Bainbridge Island to the City of Winslow: 1. The city council will expand from five to seven members. a. A special advisory election will be held on Bainbridge Island as soon as possible after the November 6, 1990 special election to select two names for recommendation to the city council for appointment to the two new council member positions. The appointed council members will hold office from March 1 through December 31, 1991. 2. Five of the seven city council positions will be up for election in the November, 1991 general election. 3. Beginning February 28, 1991, a North ward, a Central ward, and a South ward will be established. City council positions will be distributed among the wards so that the North and South wards will each have two positions and the Central ward will have three positions. a. The boundary lines for the wards. will be as follows (see attached map): (1) the North ward will include all territory North of a line running East and West along Koura Road; (2) The South ward will include all territory South of a line through the middle of Eagle Harbor to the Western terminus of Wyatt Way, thence East along Wyatt Way to Weaver Road, North along Weaver Road to High School Road and West on High School Road to Puget Sound; (3) the Central ward will include all territory between the North and South wards, including Arrow Point. - 1 - lr/0674R b. Primary elections will be held in each of the wards to select two candidates for each ward position; all candidates must reside within their respective wards. c. Successful candidates from the primary elections will run for election in the November general election on an island-wide basis. d. In May, 1993, voters will be asked to express a preference for continuing with the ward system or switching to a system where City Council members are chosen on an at-large basis. 4. The Mayor/Council form of government will continue with a part-time Mayor; not later than May, 1993, voters will be asked to vote on the issue of whether the Mayor/Council form of government should be changed to a Manager/Council form of government. 5. The present City Council chambers will be remodeled to provide office space for additional staff; meeting space for the Municipal Court, the Planning Agency, and the City Council will be arranged at an alternate site. a. The Mayor will present a feasibility study and plan to provide for a new city hall to the City Council not later than December 31, 1992. 6. The Police Department staffing will be increased to 24 positions; equipment and support will be supplied as appropriate or necessary. 7. The Land Use office will become the Department of Community Development and four new positions will be added; equipment and support will be supplied as appropriate or necessary. 8. The Clerk/Treasurer's office will Administrative Services Department will be added; equipment and sup appropriate or necessary. 9. The Public Works Department will be positions; equipment and support appropriate or necessary. become the Finance and and two new position port will be supplied as increased by 13 new will be supplied as 10. The Municipal Court staff will be increased by three new positions; contract time for the Judge, Public Defender and Prosecutor will be increased. - 2 - lr/0674R 11. The Mayor's Office will include a City Administrator, an Administrative Assistant and a half-time Secretary. 12. The terms of all Planning Agency members will expire on February 28, 1991 and new members will be appointed, taking in consideration the island-wide character of the City. 13. Kitsap County's Bainbridge Island Sub-Area Plan and Map, Kitsap County's Zoning Code and Map, and Kitsap County's Shoreline Management Plan and Map are adopted by reference for the territory to be annexed, except as specified in Ordinance No. 90-17. 14. An "Authorized Period of Delay" consistent with Exhibit B will be adopted by ordinance. 15. In February, 1991, voters will be asked to approve the annexation of the City into the Bainbridge Island Fire District and into the Kitsap County Library District. lr/0674R - 3 - ". "EXHIBIT B" ORDINANCE NO. 91- AN ORDINANCE of the City of Winslow, Washington, relating to construction and land use; establishing a period of delay on the acceptance, approval and processing of applications for development and use of land in the territory annexed to the City of Winslow on February 28, 1991; establishing a penalty for violations of the period of delay prohibitions; and declaring an emergency. WHEREAS, on November 6, 1990, the voters of the unincorporated territory of Bainbridge Island approved the annexation of that territory to the City of Winslow; and WHEREAS, the annexation became effective on February 28, 1991; and WHEREAS, prior to the annexation vote, the City Council recommended the establishment of a period of delay on development and use of land in the annexation area following the effective date of the annexation; and WHEREAS, due to the size of the annexation area, the City of Winslow must devote substantial resources and funds to the development of land use plans and programs for that area; and WHEREAS, the City Council needs time to become familiar with the issues and matters relating to land use and zoning in the annexation area in order to develop amendments to the City's Comprehensive Plan, Zoning Code and land use ordinances; and WHEREAS, the City Council intends to reach decisions on land use and zoning for the annexation area within the next several months; and WHEREAS, pending adoption of amendments to the City's Comprehensive Plan, Zoning Code and land use ordinances, the City Council desires to ensure a suitable and compatible living environment for users and occupants of land and to ensure stability of land use and development in the annexation area; and WHEREAS, the City Council finds that protection of the public health, safety and welfare requires a period of delay on development and use of land in the annexation area as described herein; now, therefore - 1 - 'ZiwF; CITY C'.G~3I~CIi, G~'' `fi%`~' C:I'?'~T C1: I~ r~SLi~,W, ~~T~SHT_tdG`~'GI~, rG G:~? ~'r>I~ix t'~ S ~.'C"may ~GT~7`~ Sc~:.tioz~. _ ~_.. ~'he C.i~E`:}7 C~~tzz7c:il fJ.nds ti-lat. a periad of delay on cyrtain d~=vel:sp.:z~en} ar.~d xwse ref lan;~ :i.n t~-ie territory annexed ~::c_j t:hHe C'~.ty o>~ i'ebruary r8, l~~y :~.s n.e~::essa.ry to devel~~p pl.a.ns and prograi-~s to ensure a. compatible living environment for users and. occupants of land, to r~nsure stability of land use anc'~ d.~:velopment, to prof, iue for development of airtendments to the City's C:~mpx-eAz~~n~,i~re ~%lan, Zoning 4ode and land ::se ordinances arxd to protec•~ -she public health, safety and c~a_1_fare. Section 2 . C,.)~, or b!?:~rre F`eb rusty "1.8 , 1392 , trio City shall rxat ac~;r~pt ~or pru'c~.ss any .:.p~-,?_i:,•ations fcr developmei~.t a.nd use of l.aT~id in the territory a.nr.e:~ed. to the City on Febr~.zary 2 8 , 1991f including but not .limited to b~.~il.ding, shoreline s!ibstw;=tia_l developzre~~.t, ur:cia.sS e.f_t_ed. use grading, mechanical, *alumt~i ng amid conditional. t~se permits , and applications for pl~:r~ned t1nJ_t :a~~'J~~lcap?r~en;:s, subci.~~Tzs~ons (p.Lats) , short ~~t1~Ca=iVisi~7ri~• `~~.CzClriy pi3t.s j ,, ~Vc~~'.:~.ances, si'~e Haan r~u'i_ews arid. re:~c~ne:s, e~_.^:ept as prc:~~ :td.ecl in Ser.tion :~ . ~ac~r_.iran ~.< '.~~zri_nc the ppr. iod of delay authorised. i_ii ~E?~".:.iC~n ?_, the City :~~'ial?.: ~2) ~c~.cept wind t,~~oce:Vs a.pp7_i.caticns for builci.ing perrlits 'to con5trtlct, r~~i:ivdel or expand single-family residences; (2~ accept ai-id process applications far building pez~~~ni_ts to remodel or expand structures other than :a1?~Cjie°-fam~.ly reSldeixG.'eS 6'Pub~'e ~:~'ie :-emodelalig or expansion does rot increa:~e tl'ie existing area. of the ground floor (footprint} and does not increase the total height of the structure to more than ~5 feet; (3} ~~roa:,ess ap~tlication~: for development and use of l.~?.jci ~: hay_ are ~Tec~teCE Aoy i cr to the effective date of this ordt.nance ; (4j F.c:cept and r~racess applications far development artd use of land i ri territ.c~ry that .s included irt. a petition for ar~re~.ation th~°~Y~: eras filed °~~i?:Wi. tie City on ar before July 1, 1G9Q, btt ~~Ya.at Baas r,at acte-u upon officially by the City due to the 1~vaT.sembe~~, 1`~~Qr special election on the proposition of - 2 whether the unincorporated territory of Bainbridge Island should be annexed to the City of Winslow; (5) Process requests for final approval of plats that received preliminary approval before the effective date of this ordinance; and (6) Accept and process applications for building permits that are for property covered by a site plan approval. Section 4. The time period for approvals of or actions to be taken under applications for development and use of land shall be tolled during the period of delay authorized by this ordinance. Section 5. All applications for development and use of land in the territory annexed to the City on February 28, 1991, that are filed with Kitsap County prior to the effective date of this ordinance, shall be processed by the City in accordance with the restrictions and authorizations of Sections 2 and 3 and all applicable City ordinances. Section 6. All applications for development and use of land on Bainbridge Island that are filed before or during the period of delay shall be processed in the order of filing. Section 7. During the period of delay established by this ordinance, the City shall accept "notices of intent to apply for land use decisions" from any person who is ready to develop, construct or seek a land use decision during the period of delay. The Land Use Administrator is authorized and directed to prepare a form of notice of intent and to determine the information to be included in the notice of intent and the documentation to be submitted with the notice of intent. A notice of intent shall be given a number in the order received by the City. On the first business day following expiration of the period of delay, the City shall send notices to the persons submitting notices of intent, advising them to file completed applications for the actions or approvals identified in the notices of intent within 30 days of the date of the notice. The City shall process completed applications that are filed within the 30-day period in the order in which the notices of intent for those completed applications were filed. Applications filed pursuant to a notice of intent within the 30-day period shall be processed before other applications. Section 8. Pursuant to Chapter 16.04 of the Winslow Municipal Code, the City Council finds that an exemption under - 3 - lr/0685R SEPA for this action is necessary to prevent an imminent threat to public health and safety and to prevent an imminent threat of serious environmental degradation. SEPA review of amendments to the city's Comprehensive Plan, Zoning Code and land use ordinances shall be conducted in accordance with SEPA and applicable law. Section 9. Chapter 18.108 of the Winslow Municipal code shall apply to all violations of the provisions of this ordinance. Section 10. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 11. This ordinance, adopted by a majority plus one of the membership of the City Council, is a public emergency ordinance necessary for the protection of public health, safety, property and peace, and shall take effect and be in force immediately upon its passage, approval, publication and posting as required by law. PASSED by the City Council this day of 1991. APPROVED by the Mayor this day of 1991. SAM J. GRANATO, Mayor ATTEST/AUTHENTICATE: DONNA JEAN BUXTON, Clerk-Treasurer - 4 - APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: September 6, 1990 PASSED BY THE CITY COUNCIL: PUBLISHED: POSTED: EFFECTIVE DATE: ORDINANCE NO.: 91- - 5 -