HomeMy WebLinkAbout08/03/94TAPE #1222
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AU6 4 199
CITY COUNCIL MEETING MINUTES
AUGUST 3, 1994
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, August 3, 1994, at 5:30 P.M.,
with Council. President Sherril Huff-Menees presiding. ~Council
members present were Morrie Dawkins, Bob Winters, John Law, David
Farr, Richard Neville, A1 Colvin, Lon Overson. Also present were
City Attorney Ian Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Jim Bemis, Dean of
Relations at Our Lady Star of the Sea Catholic Church.
Mayor Hotton stated it was her privilege to introduce some very
special guests of the City of Bremerton. This year is the 25th
anniversary of the Bremerton/Kure, Japan Sister City Program and
for the last 25 years the two cities have been exchanging students
as well as delegations of Bremerton residents and Kure residents
visiting the respective cities. Mayor Horton introduced her
Secretary, Elaine Valencia, who introduced Ryo Biwaki, secretary to
the Mayor of Kure. Ryo Biwaki stated it is great pleasure to
introduce the Mayor of Kure, Shinya Ogasawara. Mayor Hotton
announced the following Bremerton host families and their student:
Gerald & Kathy Woodside hosting Tsuyoski Wada; Ben & Kerry Ambach
hosting Satoko Ishii; and Paul & Franci Ferguson hosting Chie
Hinoskita. A special "thank you" was extended to the host families
for opening their homes and family life to the students from Kure.
As part of the hosting, a brunch was held this date, followed by a
tourof The Sun, several schools, and Lions Field. On Thursday,
activities for the delegation will include a tour on Harbor Tours,
a tour of the Naval Museum, shopping, and a tour of the Bremerton
High School. Mayor Horton pointed out the City Council of Kure is
made up of 40 Council members and the City Council President has a
very large job. She thanked all of the delegates for coming to
Bremerton
Shinya Ogasawara, Mayor Of Kure, Japan, stated this is his first
visit to Bremerton and he is particularly delighted and privileged
to be here on the 25th anniversary of the Bremerton/Kure Sister
City Program. Our two cities have enjoyed fruitful relations over
the past 25 years. On behalf of the all the citizens of Kure, we
will all do our very best to insure that these ties of friendship
will continue to flourish long into the future.
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Takashi Watanabe, Kure City Council President, stated it is an
honor and a privilege to be in Bremerton and to. have this
opportunity to address Bremerton City Council. The City Council
has a long history of being a strong democratic government of the
people and is an example to Japan. Kure City Council and he would
like to wish you every success in your work to insure a thriving
future for the whole city.
Mayor Horton announced this evening the Kure delegation would be
going on to the Bremerton Central Lions Club picnic at Evergreen
Park. Again, she thanked the delegation for coming and hoped that
their stay was enjoyable.
CONSENT AGENDA
A. Minutes of Meeting - July 20, 1994
#AB94-161
M/S/C/U(Neville/Dawkins)
presented.
to approve the Consent Agenda as
CLAIMS/WARRANT 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/Neville) on August 3,. 1994, the Council does approve
for payment those vouchers included and further described as
follows: 177362 through 177484 in the amount of $350,958.13.
COUNCIL MEMBER REPORTS
Mr. Overson expressed his hope that the delegation from Kure had a
great time on their visit to Bremerton.
Mr. Neville expressed a special "thank you" and "welcome" to our
visitors from Kure. He announced the West Narrows Neighborhood
meeting will be August 9, 7:00 P.M., with Sgt. Ron Mox taking about
the special forces and gang unit. This meeting will be held at the
Bremerton Neighborhood Christian Center at 5th and Warren. On
Tuesday evening he attended a Block Watch (root beer float social)
on Elizabeth Avenue, which was well attended and lots of fun. He
was pleased to see the Bike Patrolmen meeting and becoming
acquainted with residents of that area.
Mr. Farr also welcomed the visitors from Kure and hoped they have
an enjoyable time on their visit.
Mr. Law extended a "welcome" to the visitors from Kure. He also
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extended a welcome to Rear Admiral Henry F. Herrera, Commander of
the Submarine Group 9 and Naval Base Seattle, and a farewell to
Rear Admiral Richard Riddell, who will be going to Washington, D.C.
Mr. Dawkins stated in 1983 he was part of Bremerton's delegation to
Kure, Japan and while there they experienced being hosted most
graciously. When his group was at the train station in Kure, they
were surrounded by a crowd of children, who were excited to see
them and to meet them.
Mr. Colvln stated he was impressed by the remarks made by the Mayor
of Kure..."it is his desire that the ties of friendship between our
two countries will flow on into the future", and Mr. Colvin 'felt
citizens of Bremerton feel the same. way. He thanked his
constituents in District #1 for the fine effort they made promoting
voter registration, which will continue. Appropriate forms for
voter registration/self-registering can be obtained by calling the
City Council office.
Mr. Winters expressed his "welcome" to the delegation from Kure and
hoped that some day he will be able to visit their city and
country.
Mrs. Huff-Menees welcomed the Kure visitors as well and reported
she enjoyed the opportunity to share brunch with them and becoming
better acquainted. The City Council has been considering some
structural changes to the Council meeting formats and possibilities
of changes in the future regarding a Town Meeting. It has been
discussed, for some time, that the City might benefit from having
an opportunity, in addition to the regular business meeting, for
people to come and express their views and the City to have an
opportunity to present the public with more indepth information on
particular issues. Therefore, Council is looking at, on a
quarterly basis, taking one of the regular Council meetings and
conducting the first part of City business quickly and then going
directly to a Town Meeting format. Council is still working on how
that might be accomplished and will be seeking input from the
public as to what they would like to see the Town Meeting format
include. Also, starting in approximately two weeks Council will
change their business meeting format in that prior to the Council
meeting (5:15-5:3.0 P.M) there will be an opportunity for "public
service" announcements for those individuals who would like to come
and have their message televised. With that taking place, Public
Recognition will be shortened to 15 minutes and individuals who
wish to be recognized during that time period will be asked to keep
their comments to 3-minutes. Once that time limit has been met,
any further Public Recognition comments will be allowed at the end
of the business meeting. Also, Council Member Reports will be
given at the end of the business meeting. It is hoped that with
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the new format it will provide a meeting process that goes more
smoothly and more quickly and gives the people an opportunity that
are here on specific issues to hear those issues in a timely
manner.
MAYOR'8 REPORT
Mayor Lynn Hotton stated over the past two weekends Mr. Colvin has
asked her about the closure of Lions Field. At first she thought
the incident was a one-time lapse, however, it happened again.
After talking to the Parks Director, it was learned there was a
lapse of duties by a Parks Department personnel and she believes
the problem has been corrected. She stressed the City's policy is
to have all'parks open on the weekend, which also include restroom
facilities. If such a situation should happen in the future, she
asked that someone call her and she will send someone out
immediately to open the facility. She extended a special "thanks"
to the residents abutting Lions Field, who graciously opened their
homes for people who needed to use a restroom. A resident, who
lives next to Lions Field, pointed out the sign at the entrance of
Lions Field states the park is closed on weekends.
Since the membership structure of the Cable Committee has been
changed, she is looking for someone representing a Non-Profit
Agency to serve on that committee. Applications for the open
position can be obtained by calling her office.
President Huff-Menees stated prior to proceeding with the Agenda,
she would like Mr. Law to make a statement regarding some of the
issues that are on the Agenda. Mr. Law stated for clarification
while there may not be as much discussion on any subject as the
public may expect, these subjects were previously reviewed either
in a Study Session or by one or more Council Committees. At those
meetings, which are open to the public with the dates and subject
published, questions are asked of the responsible departments. In
many cases, clarification is required and in some cases the
requests are even returned to the department for further
clarification. All of this is done with the intent of having the
business of the evening move at a reasonable pace. Council will
always ask for public input on any subject brought before them. If
anyone has questions on any item that is going to be presented to
the Council, they are asked to call the City Council office at 478-
5280.
PUBLIC RECOGNITION
Kal Leitchman reported he had an interesting meeting with Dan
Eisses, City of Bremerton Senior Engineer. Sometimes they agreed
and sometimes disagreed on certain issues, but both felt that
pedestrian safety will, in part, be due to public education for
pedestrians and drivers. The main disagreement they have is over
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where needed cross-walks should be located. Painted cross-walks
are not needed all over the City, but are required in certain areas
where there is extreme danger to pedestrians. 'Dan Eisess assured
him that he will look into the matter further and will get back to
him. Mr. Leitchman stated that hopefully with communication, some
of these problems can be solved.
Nancy Buck, District i Voter Registration Coordinator, publicly
thanked everyone that participated in the recent Voter Registration
Drive, including the business locations: Safeway on Wheaton Way,
Bag & Save on Wheaton Way, and Randish Red Apple on Lebo Blvd.
Many of the people involved worked on telephone committees; set up
tables, chairs, and signs; or ran back and forth to the County
Auditor's office. Special "thank you" to those who coordinated the
locations: Jane Carroll, Betty Throm, and Dee Fitzwater; and to the
volunteers who sat at the locations from 4 to 10 hours, all on
their own time: Mary Drouin, John Timmerman, Allison Johns, Mary
Wagner, Pauline McBeth, LaDora Korb, Betty Throm, Beverly Baldwin,
Cecelia McCrory, Elsie Domstad, Elnora Holland, Judy Watson, Dusty
Rhodes, Jane Carroll, Dee Fitzwater, Joe Shoemaker, Mary Shold,
George Strong, Jean Emery, Ruth Yates, Sandy Binz, Helen Eberle,
and Howard Francis. Nancy stated that without citizen involvement
in the City, we wouldn't be a community, and she really appreciates
everything she has learned, the experience gained, and the new the
new friendships she has made through meeting new neighbors.
Roy McGinnis announced efforts are underway to organize an a11-
men's community chorus of gospel singers. He sees the formation of
such a group as a positive influence within the community and
offers the opportunity for men of all ethnic backgrounds to become
better acquainted and reach out to others through music. An
organizational meeting will be held later this month and people
interested in signing up or learning more about such a group can
call John Stephenson 373-5036, or Ivy McGinnis 692-7123.
Don Atkinson, Executive Director Bremerton Main Street Association,
was pleased to report there was a significant amount of produce at
the Sunday Farmers' Market on July 31. There was a great turn out
for T.K. Bryant, who performed at the concert on the boardwalk on
Friday evening. The group Cross Fire will perform at the August 5th
Concert on the boardwalk. On August 7 the Tour Day/Kitsap 35 mile
bicycle ride will start at the boardwalk. JAZZ IT UP will take
place on August 20, which will be the second Blackberry event so
this year. President Huff-Menees stated several times this pass
week she encountered people who were very enthusiastic about
Concerts On The Boardwalk and looked forward to upcoming
performances. It pleased her to see so much enthusiasm for that
event and she personally was looking forward to the blue grass
songs. Mr. Atkinson noted the concerts have been well artended and
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the weather has cooperated and there is excitement over the last
event of the season on the 19th...JR. CADILLAC will perform from
8:00 - 10:00 P.M., followed by a "Mig" fly-over with fireworks from
its wings promoting the Air Fair on Sunday, August 21.
Shannon Cook reported she has collected sponsors for the Hospice
Walk-A_Thon on August 6, 9:30 AM. A Blood Drive will be held
August 26 at the Harrison Hospital Annex from 11:00 AM to 1:00
P.M., and 2:00 - 5:00 P.M.
Gordy Byrd stated he enjoyed the Concert in the Park on Tuesday
evening and was looking forward to the next concert on Tuesday,
August 9, which is rebroadcast on Monday evening at 7:00 p.m., on
Channel 12. He wished a "Happy Anniversary" to his parents, who
will be celebrating their 53rd AnniVersary.
Mayor Horton announced following the August 10th City Council
meeting, there will be an open discussion on attributes wanted in
a new Police Chief for the City of Bremerton. The pubic is invited
to come to City Hall and provide input and/or watch the proceedings
live on Channel 12, which will be rebroadcast on Thursday, August
11, in conjunction with the rebroadcasting of the City Council
meeting.
Richard Neville stated an issue that was tabled at the previous
City Council meeting on the American Legion Field Improvement and
use of the Roosevelt Field Capital Asset Fund has been pulled off
the Council Agenda due to the Bremerton School District pulling
their support from the project for one year.
7C - CONFIRMING HUMAN RESOURCES MANAGER - JAMES MEITH, #AB94-166
The Mayor has negotiated terms of employment with James Meith for
the position of Human Resource Manager and recommends appointment
of Mr. Meith for confirmation. This employment contract requires
Council approval in that it contains a non-standard clause allowing
up to $2,000 for moving expenses (BMC 2.49,050), and authorizes a
starting salary above rate one of the approved salary range. The
starting salary has been negotiated at step 3 of band 7.
Council confirmation is required for administrative heads under BMC
2.49.010. Although this section lists confirmation of the
Personnel Director rather than a Human Resources Manager,
confirmation is requested to comply with the spirit of this
ordinance. An ordinance amending this section and other code
sections referencing Personnel Director was recommended to Council
in mid May, but was delayed for further review of Public Works
positions subject to confirmation.
Mayor Hotton stated she believes Mr. Meith is very qualified for
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this position with over ten years of experience on the personnel
side working for San Bernardino County as a Personnel Officer; and
for the past ten years he has served on the labor side dealing with
labor issues. San Bernardino County has one large bargaining unit
that represents both the County and cities within that area. She
did have some concern when she reviewed his application, however,
after checking several of his references, one individual made the
comment that they felt he would be more qualified on the personnel
side because of his personality. Mr. Meith participated in an
assessment center that included five individuals and he scored very
high through that process.
GordV Byrd questioned the starting salary level for this position.
Mayor Horton explained the salary range for this position goes
from $41,000 to approximately $51,000 and Mr. Meith's salary would
amount to approximately $45,000 per year. Because the duties of
the Human Resources Manager has decreased due to the City
contracting out for labor negotiations, the position was downgraded
from Band #4 to Band #7.
Mr. Law stated after reviewing Mr. Meith's application form, he
believes the City is fortunate that he has chosen to come north.
M/S/C/U(Law/Colvin) to approve contract and confirm the amount of
James Meith as Human Resources Manager.
Mayor Horton reported Mr. Meith would be in the City on August 15th
in order to sit in on the interviews for the Labor Negotiations
contract and his start date will be after Labor Day.
7A - CONTRACT MODIFICATION - U.8. NAVY AND CITY OF BREMERTON
(CONTRACT #N62474-85-C-6913) - CORROSION CONTROL STUDY. #AB94-162
The City of Bremerton is required by State law to perform a
corrosion control study on the water system which will cost
$83,000. As provided by the contract between the U.S. Navy and the
City, the U.S. Navy will 'cost share 35% of this study, not to
exceed $29,000.
Kathleen Caha11, Water Resources Manager, stated the City and the
Navy have a contract that describes the conditions of the water
service. The US Navy uses approximately 1/3 of City water used on
a daily basis.' Per the contract, the Navy participates in projects
like this proposal in proportion to their benefit.
Public comment - none.
Mr. Colvin questioned the process used to determine the Navy's
portion of the project? Ms. Caha11 explained the Navy uses about
1/3 of the City's water and on a water project such as this they
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are contributing 35% of the cost.
Mr. Dawkins questioned the date when State Law took effect
mandating the City to take actions as those proposed? Ms. Cabal1
stated the State acted in 1993 and the City has until June 1995 to
complete the project. The Navy has cooperated very well with the
City on this project.
M/S/C/U(Dawkins/Colvin) to approve Contract Modification P00012 and
authorize the Mayor to sign the U.S. Navy Contract Modification
subject to City AdministrativePolicies and Procedures.
7B - CABLE CONSULTANT CONTRACT - 3H CABLE COMMUNICATION8
CONSULTANTS, #AB94-163
The franchise with TCI Cable and Falcon will expire May 1995. The
City recently completed a "Request for Qualifications". Three
consultants were scheduled for interviews: 1) 3H Cable
Communications Consultants; 2) CTIC; and 3) MuniCom. The interview
team consisted of Bob Winters, City Councilman; Jack Riggs, Cable
Committee; Paula Johnston, Tax Inspector; and Kathleen McCluskey,
Administrative Services Director. The interview team selected 3H
Cable .Communications Consultants.
The consultant will perform technical evaluation, analyze outreach
information, provide survey forms, prepare a draft request for
renewal for cable services, negotiate with cable operations,
prepare proposed cable ordinances and franchise, and provide
assistance with cable rate regulation.
Kathleen McCluskey, City Clerk, stated the documentation in the
Agenda packet shows the refranchising schedule the City is
proposing and the four phases of the Cable Consultants duties.
Cost of the consultant for refranchising is $19,750.00. It is her
hope that the negotiations will be concluded by May of 1995.
Mr. Neville noted the City used this firm during the previous
franchising process. He questioned if the City found them to be an
excellent firm in that they provided alll necessary materials and
were truthful and factual? Ms. McCluskeV stated Mr. Neville was
correct and the City had what she would consider a "state-of-the-
art" franchise 10 years ago and many cities are just now getting
the kind of things the City negotiated 10 years ago. Originally,
the City had decided to do the rate regulation process internally
through Paula Johnston, which is still the plan, however, the
proposed contract includes consulting assistance for that process.
Mr. Law noted that the $19,750 needed for the refranchising process
will be billed to the cable companies and the City will be
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reimbursed in 1995. Ms. McCluskey stated payment to the consultant
will be at the conclusion of each of the four phases. She
anticipates spending one half of the funding this year and the
remainder in 1995. The City will be reimbursed for those
expenditures at the time the City gets into the RFP process.
Mr. Winters stated he sat in on the interview process for the cable
consultant and supports the recommendation to hire 3H Cable
Communications Consultants,.,whichis a local firm. He noted team
#2, CTIC, was very impressive as well, but they were not a local
company.
Mr. Colvin recognized a "job well done" by CCAC committee member
Jack Riggs, Tax and License Inspector Paula Johnston and Director
of Administrative Services Kathy McCluskey in the interview
process.
Mr. Dawkins questioned if he understood correctly that 3H Cable
Communications Consultants stated they had worked with 26 -other
cities in various capacitates? Ms. McCluskey stated references
were checked and 3H Cable Communications Consultants received
excellent recommendations from everyone called. Three or four
reference calls were made on all of the applications and every
response was very positive.
Public comment - none.
M/S/C/U(Winters/Colvin) motion to approve contract with 3H Cable
Communications Consultants in the amount of $19,750 plus expenses.
9A - PUBLIC HEARING: REZONE SF-2 TO SF-3 OF 2.51 ACRES; LOCATION:
25TH & SNYDER & WYCOFF; APPLICANT: CHARLES HASELWOOD, #AB94-164
On July 12, 1994, the Bremerton Planning Commission held a public
hearing to consider a request for a zoning reclassification of a
2.51 acre site from Single-FamilyTwo (SF-2) to Single Family Three
(SF-3). The applicant is Charles Haselwood, and the site is the
former Unocal Fuel facility located at the 2500 block of Snyder
Avenue, north of the intersection of Snyder Avenue and 25th Street,
west of Wycoff Avenue.
The Planning Commission is recommending approval of the rezone
request. The City Council, as the legislative authority may accept
or reject the Planning Commissions recommendation.
President Huff-Menees asked the "Appearance of Fairness/Conflict Of
Interest" question with Councilman Morrie Dawkins stepping down and
all remaining Council members were seated.
Jack Rilingham, Current Planning Division, stated this is an action
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that has been before the City Council before under SEPA appeals and
the question before Council, at this time, is just a consideration
of a rezone of the property. The site is located' just north of
25th Street and east of Wycoff Avenue at the terminus of Snyder
Avenue, adjacent to the Port Washington Narrows.
Current zoning on the site is Single Family-2 (SF-2) and the
applicant is requesting a rezone to Single Family-3 (SF-3). The
applicant has future plans to subdivide the property into 11
residential lots. The current zoning, under SF-2, would permit the
development plans as proposed.
The Comprehensive Plan designation for this site is low density
residential (0-7 dwelling units per acre). The Comprehensive Plan
essentially provides for three residential densities: (1) 0-7
dwelling units per acre density; (2) 7-15 dwelling units per acre
density; (3) 15-30 dwelling units per acre density. The Planning
Commission identified there is somewhat of an inconsistency between
the Comprehensive Plan's density designations and the City's
residential densities. The Planning Commission chose to look at
the densities as a low-medium- high density and found that the
Comprehensive Plan designation of low density was generally
consistent with the City's Single Family zoning as opposed to some
of the City's higher multi-family zoning districts that are
allowed.
Mr. Allingham noted a correction to the Agenda Bill ... the
Planning Commission held a hearing on this issue on July 12, 1994,
not 1993.
The Comprehensive Plan also has a "Text" element, which states the
goals, policies and objectives of the Comprehensive Plan and the
findings and conclusions of the Planning Commission state relevant
goals and policies that are supportive of rezone. When considering
a rezone, Council has to find that the rezone is substantively
consistent with the Comprehensive Plan based on an analysis of the
Comprehensive Plan Map and goals and policies of the plan. The
Planning Commission found that it is substantively consistent with
the Comprehensive Plan.
The next criteria that must be met is that the rezone is necessary
because conditions in the immediate vicinity have so markedly
changed that a rezone is required in the public's 'interest. That
is a difficult finding to make, but the Planning Commission found
that State, regional and City wide policies pertaining to housing
in land use are changing or have changed. And, that through the
adoption of Housing Bremerton, which is an element of the
Comprehensive Plan, and the Growth Management Act, which mandates
higher densities within.in urban areas such as Bremerton, that this
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change to a slightly higher density would be consistent with
changing conditions locally and regionally.
Two criteria that do not apply to this proposal are: (1) whether or
not the rezone will correct a zone classification or boundary that
was inappropriately established; (2) that the rezone is to remove
an overlay zoning district designation.
The third criteria that Council must find is that therezone will
not result in adverse environmental consequences. Once again, this
is a difficult criteria to measure, but changing from a slightly
lower density single family residential zoning district to a
slightly higher density should not result in any significant
environmental consequences.
The fourth criteria that must be met is that the rezone must bear
substantial relationship to the public welfare because there is a
need for the change in question and that the public need will best
be served by changing the zoning classification. The Planning
Commission found that there is a need to increase densities and to
allow in-fill residential development and that the public interest
would be served by making more intense use of existing
infrastructure, such as roads, water, wastewater and other
utilities that are currently available at the site.
The fifth criteria is that there is essential public facilities and
services presently available or could be available.. All utilities
and roads exist in the subject area and could service the higher
densities that are currently allowed in a SF-3 zoning district.
Based on the above listed criteria, the Planning Commission has
recommended approval of the rezone.
Gar3FSexton, Attorney, representing Charles Haselwood, stated they
perceive the application to rezone to be a correction to what
appears to be a flaw in the existing Zoning Ordinance. He pointed
out this proposal is already subject to a previously approved
mitigated Environmental Impact Statement (EIS). Although, on the
surface, this looks basically as a simple rezone, it is a rezone
subject to the conditions that are contained in the mitigated EIS
approval.
The key issues in looking at this property are: Utilities are
already in place; the proposed facilities project 4.4 dwelling
units per acre; surrounding properties to the north, west, and
south are already zoned SF-3 and to the east is open water. All
that is being requested is to take what appears to be an
inconsistency, whether there was some historical reason to give the
site a SF-2 zoning designation, and bring it into conformity with
the surrounding zoning.
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Mr. Sexton pointed out the following language under the
Comprehensive Plan "Policies": "Encourages housing construction,
rehabilitation and maintenance in residential areas where public
services are available and adequate". He emphasized the proposal
before Council fits into that description. Additional language
under the "Policies" section states: "provide opportunities for a
range of various types and densities of housing throughout
Bremerton to accommodate the lifestyles and income levels of
present and future residents". There are already duplexes and tri-
plexes and higher densities located above the site. This project
would add to the Comprehensive Plan, while allowing slightly higher
density than that under SF-2, as single familylots it is closer to
providing variety within this particular area. The Housing Element
states: "Ensure an adequate housing sUpDlV to meet changing needs
of Bremerton residents". He felt the proposed project was
obviously in keeping with that statement. He cited "Housing
Bremerton" Objectives: "Accommodate population growth by increasing
housing density as per the City's Comprehensive Plan", which seems
to be what is being done today if all the utility and street
infrastructures are in place instead of allowing things to move out
into the sprawl. He emphasized that is precisely what this project
does by bringing residential back and takes a piece of land that
has been vacant for a long period of time and helps the very
essence of what we are trying to do. He noted the criteria is
consistent with the Comprehensive Plan and the general policy trend
is toward higher densities in order to create more affordable
housing and make better use of the infrastructure. Allowing for
higher residential density is consistent with the Growth Management
Act (GMA) planning and is in the publics' interest. The proposed
project is clearly in that category. Finally, it is noted that
there is a public need to increase density and to allow in-fill of
the residential development, which again the proposed project falls
within that criteria. This is clearly a project that is
appropriate for the rezone and is in keeping with the surrounding
area doing all the .things that the Comprehensive Plan and zoning
identifies. He emphasized the proposed rezone was approved by the
Planning Commission and urged the Council to give its approval.
Doug Eide stated he and his wife have owned a piece of property.
across from the subject site for approximately 10 years, which
consists of four residential dwellings. The 1994 total assessed
valuation for his property is slightly over $315,000 and they pay
$4,400/yr. property taxes. He does not currently reside on this
property, but he did in the past. In looking at his tax assessment
on this property for 1995, he noted a decrease by $20,000, which he
felt was a substantial decrease. Most people would be more than
happy to hear their property taxes were going down, but he is not.
What he has seen happening in the subject area over the past 10
years has been continuing deterioration of the neighborhood and
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Snyder Street. Even though he has brought that point to the
attention of others, he has not seen any action; and considering
the 1995 property tax assessment, he feels the Tax Assessor agrees
with him that the area has deteriorated. The subject area has also
been attacking elements of crime activity and for the past four
years he has tried to counter such activity by providing an on-site
management. His property manager is responsible to monitor the
tenants, maintain the property, take care of the yards and to
protect his investment. After researching the applicant's
proposal, he believes it would be more than what is already in the
neighborhood and current property owners are enjoying. The project
would require some things that the current surrounding property
owners do not have to do, who have lots smaller than what is being
proposed, such as two on-site parking places per unit. He would
hope that property values will increase and he views this as a
great opportunity for in-fill. He also felt such a project would
help reduce some of the crime that the area is currently
experiencing. In Bremerton's Housing Plan and the Kitsap County-
Wide Planning Policy, adopted in 1992, some of the benefits
recognized in attracting house of all density types to urban areas
is that higher density residential development within walking
distance of jobs, transportation, schools, and parking, limits the
urban expansion to rural forest areas. He emphasized these are
all policies of Element A to implement RCW 36.78.110 relating to
the establishment of growth urban areas within City jurisdictions
under the Growth Management Act. The City of Bremerton has more
than its fair share of below market rate housing and when the
Kitsap-wide Planning Policies were being established in 1992, this
was recognized and Bremerton was allocated approximately 20,000 new
residents out of the 90,000 coming into the County in year 2010.
All jurisdictions are charged with providing affordable housing for
residents.' The definitions for affordable housing are: (1) low
market rate; (2) low-income; (3) moderate income; (4) market rate
housing. Under "Market Rate Housing" it states: "shall mean
housing intended for households with incomes that are greater than
110% of the county-wide medium. Even though people might not think
of this as affordable housing, under the County's and City's
planning policy it is. He supports the proposal as presented and
believes Bremerton has more than its fair share of low income
bottom end housing and this action is a step in the right direction
to get more higher end housing in the City and helping the
neighborhood.
Phll Olwell, Chairman of the Wycoff Neighborhood Watch, stated he,
on behalf of his neighbors, urged Council to seriously consider all
opinions and deny the rezone request as presented. They believe
the Planning Department findings to be inconclusive and not in the
neighborhood's best interest. There seems to be an obvious
foregone conclusion that this rezone should go forward even though
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August 3, 1994
Page 14 of 31
the City's own Zoning Ordinances and one of its senior planners
have stated otherwise. What is thepurpose of the Zoning Ordinance
and the City's policies if they are not followed? The City's
Zoning Ordinance is very detailed about what an applicant must do
to get a rezone for a particular piece of property. And, it is the
applicant's burden, not the neighborhood's, Council or Planning
Department, to provide beyond a reasonable doubt the necessity for
such a rezone. He and his neighbors do not believe that the
applicant has shown that necessity at this time.
In looking at the approval of a rezone, there are certain criteria
that must be met, and to date there has been a lot of speculation
if the criteria is adhering to the Comprehensive Plan and density
factors. If you look at the criteria for approval of a rezone, it
states that the City Council can approve a rezone only if it meets
all of the following criteria: (1) the rezone is substantially
consistent with the Comprehensive Plan (pro and con on both sides
and he was not going to argue over that point); (2) the rezone is
necessary because either the conditions in the immediate vicinity
are so markedly changed that a rezone is required in the public
interest. (He questioned how have the conditions in this vicinity
changed so markedly to require a rezone? The Planning Department
has not stated how they have changed nor has the applicant. Under
item "b"of Section 2 it states: The rezone will correct its'own
classification or zone boundarv that was inappropriate when
established". Mr. Olwell stressed the applicant has not proved
that point as well and it was rebutted by Mr. Overson at the prior
public hearing on this project. There was no oversight in 1988,
when extensive Study Sessions and Council time was spent in
adopting the Zoning Ordinance that pertained to the whole city.
When the applicant cites the densities surrounding the site he
speaks of 8.1 dwelling units per acre that reflects densities that
do not front onto the Port Washington Narrows. The zoning along
Snyder Avenue borderings the water are all zoned SF-2, which was a
major consideration when the comprehensive studies were made in
development of the Zoning Ordinance in 1988. What is being
proposed is to change SF-2 zoning designation to SF-3. Mr.
Olwell's and those he represents hired an engineer to design the
exact development under the existing zoning - SF-2. He stressed
the conditions within the subject area have not changed and the
proposed project would be "turning its back" to the very
neighborhood it is coming to help due to proposed interior streets,
and fencing on 25th and Wycoff. Another criteria reads: "you must
also look at whether or not the rezone bears a substantial
relationship to the public interest or welfare because there is a
public need for a chanqe of the kind in question; and the public
need will be best served by changing the existing zoning". He
questioned what is it that will make it an advantage to have two-
three more homes on the site? The subject project suggests home
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August 3, 1994
Page 15 of 31
prices of $175 - 250,000 on a parcel of property that was
supposedly purchased for $135,000. In his opinion, there is plenty
of money to make on this project and saw no justification to
change the zoning classifications.
TAPE #1223
In regard to City utility services, he questioned are there
adequate services available or will the City have to raise rates to
provide them? The only utility service that he and his group
question relate to City sewer treatment plant capabilities. The
sewer outfall at 25th and Snyder happens to be the second highest
overflow of the City sewer into the Port Washington Narrows.
In regard to how comments have come forward on this item, the
Planning Department has received numerous letters and he has
addressed the issue numerous times, yet their comments have not
been included in some of the Planning Commission packets and
Council packets. He pointed out an error on the Agenda Form under
"Impact of Non-Passage: the site will retain Single Family Two
Zoning, not "Three" zoning. He raised the issue of a 3-page memo
from Senior Planner Ron Hough to Jack Allingham, dated November 9,
1993, stating his recommendation was to deny the rezone request,
which cited some of the very same things that Mr. Olwell has cited
through his investigation. He questioned how could a rezone be
justified on this particular piece of property if there wasn't some
other motives? The action before Council is only to address a
rezone and there is nothing that binds the applicant to the
proposal shown on the displayed diagram once the property is
rezoned. If the rezone is approved, the applicant could
potentially put up 30 dwelling units on the subject site.. If the
parcel was developed under the designed provided by Mr. Olwell, not
only would it be for 7-8 dwelling units, but would be at a lesser
density if the single lot home proposal was abandoned and submitted
under a PUD process.
Mr. Olwell brought up the point that there is lack of open space
and access to open space in the west. Bremerton area and he sees
nothing within this proposal that would protect citizens rights to
have access to open space. In fact, the applicant could in fact
pay the City money in lieu of providing open space and/or access to
the public.
In the criteria as stated by the applicant - zoning designations of
SF-2 and SF-3 are both allowed under the Comprehensive Plan
designation as residential, he acknowledges that, but the applicant
is hanging his hat on when the current zoning boundaries were
established for this site for some unknown reason making it a
different zone than the surrounding properties. Mr. Olwell
declared that as "not true". The Zoning Ordinance talks about the
"taking issue" and that is if someone's property is down zoned or
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August 3, 1994
Page 16 of 31
something is taken away from them. He did not support the idea
that objecting to this rezone in any way denied the applicant to
make money on his property or its development. It is felt that
property values would go up as a result of more restrictive zoning
that better protects existing investments and uses. He cited the
following from the 1988 Zoning Ordinance packet: "A wide open
zoning program is not in the best interest of the community and it
is highly unlikely that any of the zoning proposals could be found
to be a "taking". He questioned who wouldn't want lower priced
homes and less of them in order to reduce traffic impacts and
impacts on City services. The subject property value will increase
regardless of what takes place on it. In this case, it is felt
few less will mean a few more in the future. When the Zoning
Ordinance was adopted in 1988, Bill Walton (now deceased), an
adjoining property owner of the subject site made the following
comments: "expressed concern about the availability of the single
family residential areas in the City, retaining single family
zoning along the waterfront and to exclude high density housing in
a neighborhood that was currently low density. Mr. Walton did not
support spot zoning and stressed the importance of consistency.
Mr. Olwell noted Mr. Walton's comments were made in 1988, and
nothing has changed in the subject area since that time.
Mr. Overson raised a point of concern that Council is not allowed,
in such a land use hearing, to look at information that was not
presented to the Planning Commission. He raised the issue of dates
of the Planning Commission hearing, Mr. Hough's memo to Mr.
Allingham, and Mr. Olwell's "plan" and felt the only recourse
would be to remand the item back to the Planning Commission for
them to review the new information and made a new decision based on
that information. President Huff-Menees pointed out the correction
noted by Mr. Allingham earlier in the presentation clarified the
fact that the Planning Commission hearing was held July 12, 1994,
not 1993. Mr. Overson stated since Mr. Olwell's drawing was not
included in Council's Agenda Packet he assumes it is considered
"new" information. Mr. Olwell stated the Planning Commission was
given the information included in Mr. Hough's memo to Mr. Allingham
as testimony given by him and he expressed his concern to them at
that point why it was not included in the packet. At that time Mr.
Pratt, Director of Community Development, interrupted his testimony
to state Mr. Hough's memo to Mr. Allingham was an internal memo.
Mr. Olwell emphasized that it was not an internal memo and was part
of the public record in the Haselwood file, which he obtained some
time ago in pursuit of this project. Mr. Overson pointed'out
neither of the plot plans are included in Council's Agenda packet.
Mr. Farr stated last week Council received information that it was
not a hard and fast rule about new information coming before
Council and as such didn't necessarily require that it be remanded
back to the Planning Commission. Ian Sievers, City Attorney,
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August 3, 1994
Page 17 of 31
referenced Council's recently passed Policies and Procedures
relating to land use hearings: Factual Information - displays,
drawings or pictures not presented at a hearing before a
recommending Board or Commission may be restricted unless good
cause for delay of presentation is shown. Council may ask
questions of those testifying". Council can restrict consideration
of the new information or remand back to the recommending body. If
the testimony given before the recommending body was substantive of
the information contained in the drawing, then there would not be
a substantial change in information. He felt arguments based on
drawings/schematics/plans would be more significant. The date of
Mr. Olwell's drawing was June 6, 1994, and it could have been
presented to the Planning Commission at their hearing. Mr. O1we11
stated it was his feeling that a number of letters were left out of
Council's Agenda packet that relate to this item. Mr. 8ievers
stated the Agenda Packet is not the test, but rather what is
presented at the Planning Commission hearing and what can be
presented at this hearing. The content of what can be presented at
this hearing isn't limited to the Agenda Packet. Mr. Olwell stated
he is not contesting the lack of items in Council's packet, but he
did provide in testimony to the Planning Commission what they had
in fact envisioned this proposal to look like if it were to stay at
the existing zoning. He did not present the drawing itself to the
Planning Commission because he did not believe it would have an
impact and it wasn't the last step and he still had the appeal
before the City Council. He and those he represent felt it was
justifiable to "show their final card" in their fight to see this
thing through. In reality, this rezone should not be based on any
drawings, but should stand solely on whether or not it meets the
criteria in the City's own ordinances and regulations pertaining to
the.acceptance of a rezone. Mr. Overson acknowledged that none of
the information shown on the drawings was binding and questioned
what the two different densities technically provide under the two
zonings. Mr. A11ingham stated the density consideration is
paramount, the SF-2 designation with a Planned United Development
(PUD) process allows nine dwelling units per acre and the SF-3,
through the PUD process, allows 12 dwelling units per acre. For
this site that equates from a maximum of 22 dwelling units under
the existing zoning to a maximum of 30 dwellings under the proposed
SF-3 zone. When the City Council considers a rezone they must look
at the worst case scenario what the zoning actually allows as far
as uses and densities. The uses will not change in SF-2 or SF-3.
Mr. Overson asked Mr. Allingham if the drawing submitted by the
applicant could be accomplished under the present zoning? Mr.
Allingham stated yes, if a PUD was proposed. Mr. Overson stated
now he was at a loss to understand why this issue was before
Council.
Mr. Winters raised the issue...does the developer plan to build 30
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August 3, 1994
Page 18 of 31
units on the subject site if approval is given for the rezone? It
was his observation that there may have already been "spot zoning"
on the site when it was given the SF-2 designation when surrounding
properties are designated SF-3. Mr. Sexton stated we all may have
different conclusions as to what the law states, but he believes
zoning laws of 30-40 years ago were nothing like the zoning laws of
today in that there was only a Comprehensive Plan and the Zoning
ordinance; and the rules followed by the Planning Commission or
City Council did not involve the landowner's use of their property.
Today, added regulations in addition to the Comprehensive Plan and
Zoning Ordinances are identified under the Shorelines Management
Act, requirements for Plats, environmental assessments, etc., which
overlay the issue. He emphasized Council must consider the rezone
separately and the environmental mitigation separately, however,
the reality is that they affect the same site. What was done at
the prior hearing declaring the mitigated EIS was applicable was a
starting point and an overlay to this issue. He challenged the
point that the applicant could walk in tomorrow and say that 30
unites per acre would be built. In reference to Mr. Overson's
comment, the drawing provided is for illustration purposes, and was
also presented at the previous Council hearing as well as the
Planning Commission. The issue of comments by a senior planner,
which was also brought up by the opponent at the Planning
Commission hearing, was clearly identified by Mr. Pratt, Director
of Community Development, that it was one person's opinion and not
the opinion of the department. He agreed with Mr. Overson's
earlier comment that Mr. Olwell's drawing was not appropriate in
that at the Planning Commission hearing Mr. Olwell chose to not use
it thereby indicating "we're not going to give you our trump card
because we don't think you are as important as the City Council".
Mr. Sexton stated that was wrong and such information should have
been presented at that time and it was highly inappropriate to
bring it before Council saying the Planning Commission wasn't worth
anything. He urged Council to not consider the drawing during this
discussion.
Mr. 01well stated he took exception to some of- Mr. Sexton's
remarks. The statement he made earlier was not out of disrespect
to the Planning Commission, in fact, being before the City Council
is the final stop in the governmental process for this project,
with the exception of moving on to Superior Court. The factstill
remains that there is no need to rezone the parcel to accommodate
the applicant's upscale housing proposal. If the rezone is passed,
it could triple the options for the subject site.
Mr. Colvinquestioned for clarification Mr. Olwell's statement that
the drawing being displayed does not necessarily reflect the number
of units that will be built on the subject property? Mr. Olwell
stated surrounding density comes out to 8.1 units per acre and the
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August 3, 1994
Page 19 of 31
subject site was zoned for a lower density because it fronts open
waters of The Port Washington Narrows. The surrounding areas of
higher densities are fronting a street and are located away from
the waterfront. Mr. Colvin questioned the number of lots proposed
by the applicant? Mr. Olwell pointed out the applicant's drawing
shows 11 lots for the subject site. Mr. Colvin questioned if the
rezone was granted and the site sold to someone else, would the new
owner be required to develop the site. specifically as shown on the
applicant's drawing? Mr. Olwell stated he believed the owner would
only be obligated to the existing zoning. Mr. Law called for a
point of order and noted that it was his understanding that Mr.
Olwell's drawing was not presented to the Planning Commission. Mr.
01well stated the information on the drawing was presented in oral
testimony to the Planning Commission and he believed it was
acceptable to use it at this time. The largest lot size on the
applicant's drawing is 9,400 sq. ft., and he believed 4,800 sq.
ft. would be criteria that must be met to subdivide that lot under
the SF-3 zoning designation. There is the "variance" process that
can be pursued by the applicant. He emphasized the fear of his
neighborhood, regardless of the site proposal, is that at any given
time if rezoned to SF-3 the potential density factor could almost
triple from what is displayed on the applicant's drawing. The
applicant could rescind the proposal shown on the plan, which was
necessitated by the Council's and his request to show what was
happening upland when a commercial pier was to be built out over
the water. He questioned why anyone would build a commercial pier
to sit out in front of commercial land covered with trees and
vegetation...there had to be another reason. It was his and the
Planning Director's opinion, at that time, that it would be easier
and allowed to build a commercial pier with nothing above it verses
showing a development with the pier. The applicant, when
submitting the plat, 'submitted the ll-lot proposal. The only
necessity to rezone the subject site is to allow the applicant to
make more money off of the acreage. Mr. Colvin asked Mr. Allingham
if Mr. Olwell's last statement was a true statement? Mr. Rilingham
stated when he made the statement earlier that this could be
approved under the current zoning he was talking about the
allowable density. The density is there under the PUD process
under the SF-2 zoning and would allow 4.4 dwelling units on the
site. This exact plat and configuration shown would have to be
modified because the PUD process also requires 15% open space
minimum, which may be one of the reasons the developer is not
choosing to go with a PUD. Mr. Colvin asked if that could be done,
why is the rezoning being requested? Mr. Rilingham stated the
rezone is being requested because of the desires of the applicant.
Council has been presented plans before to subdivide a
configuration and to subdivide without a PUD the rezone would be
necessary for this development.
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Page 20 of 31
Mr. Farr stated Mr. Olwell presented his side very eloquently. It
was his understanding that one of Mr. Olwell's objections to the
proposal is the fact that the proposed houses would range from
$175,000-$225,000 and that less expensive housing is need in that
particular area. Mr. O1we11 stated his concerns relate strictly to
the density and the desire to keep the current zoning of SF-2. He
believes the reason the applicant and Planning Director did not
present the proposal as a PUD was due to it not garnering the
dollars. A duplex used as a rental does not carry the price tag of
a single family dwelling. Mayor Horton stated to Mr. Olwell that
she would like to see this project done through a PUD process. He
also believes the Comprehensive Plan when it speaks about
densities, is addressing affordable cost wise to a larger number of
people. This proposal for the few extra homes that he could
potential get under the SF-3 zoning would be at a much higher cost
to any potential buyer. The Comprehensive Plan and prior decisions
is for higher density of more affordable housing. Mr. Farr stated
if Mr. Olwell's worse fears come about with the placement of 30
homes on the site - they would fit into the more affordable range
and more in line with what he desires in that area verses the
higher range homes. Mr. Olwell stated that is the pro side of the
issue, however, the con side is that once this site is zoned the
potential is there to backtrack. The applicant had the opportunity
to propose more homes at a fairly high price with developing it
under the SF-2 guidelines taking into consideration a PUD. They
chose not to do that and he and his neighbors choose to believe it
was to make more money at the expense of the City's Zoning
Ordinance. If that happens, there is concern of what will happen
on other blocks of property in that same area. The Zoning
Ordinance states that an applicant must provide beyond a reasonable
doubt the criteria that is necessary for this rezone, which in his
opinion has not happened. His proposal under SF-2 was developed to
show that it could be done without having to rezone the site. Mr.
Farr stated both sides are getting mileage out of the same point,
which is confusing to him. The issue is to keep the housing
affordable with smaller lots, however, Mr. Olwell's proposed larger
lot would command a higher price. He could not believe that Mr.
Olwell believes that the additional three houses would be a burden
on the sewer system. Mr. Olwell stated he did not know that for a
fact, however, there is the issue of impact on traffic. He asked
to be shown the need for three more $250,000 houses at the end of
Snyder Avenue. Mr. Farr stated he believed the need was on a
larger basis than concerns of the immediate neighbors. Mr. O1we11
stated he was showing that need could be accomplished without
backtracking what was accomplished in 1988 when the current Zoning
Ordinance was adopted. He felt if the applicant was proposing a PUD
with a SF-3 zoning it would be an easier deal all the way around,
but that isn't the case. What he wants for the subject site is to
have the highest priced homes that can be established under the
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August 3, 1994
Page 21 of 31
existing zoning.
President Huff-Menees asked Mr. Olwell where his property was
located? Mr. Olwell explained it is located on the southwest
corner of the SF-2 parcel,-which is zoned SF-3. President Huff-
Menees stated if he or one of his neighbors chose they could
develop their property at a greater density. Mr. Olwell stated no,
their lots are too small. President Huff-Menees pointed out if he
and other property owners determined to buy someone out, currently
they have the potential 'to develop at a greater density. Mr.
Olwell stated it would be a much harder sell for someone to rezone
their parcel along the waterfront to SF-3, however, if this
proposal is approved to SF-3, he expected larger parcels in that
area will want to rezone from SF-2 to SF-3.
Mr. Colvin questioned if he understood correctly that Mr. Olwell
opposed the higher density? Mr. Olwell stated he opposes the
higher density under the this proposal due to impacts on the water,
backtracking from the Zoning Ordinance and maybe setting a
precedent that will affect other parcels along the waterfront of
the entire city. Mr. Colvin pointed out Mr. Olwell and Mr.
Allingham have two different opinions. Ian Sievers, City Attorney,
referenced Criteria #2 and stated the disagreement between Mr.
Olwell and Planning staff has to do with whether there is a
condition change within the immediate vicinity to justify a rezone.
Mr. Sexton argued that there is a criteria under #2, subsection (b)
that the 'SF-2 was inappropriate when it was zoned and should be
more logically and appropriate be zoned SF-3 based on the map
showing surrounding zones. If the City Council finds either of the
criteria, whether they agree with the Planning Commission or Mr.
Sexton, they can approve the rezone.
President Huff-Menees asked Mr. Allingham to address the density
issue with respect to the current zoning. Mr. Allinghamexplained
under a PUD the allowable density for 2.51 acres is 22 dwelling
units. If a PUD is not used, then there would have to be some more
creative design. What Council is being asked is to change the
zoning from SF-2 to SF-3 and when Council looks at zoning they have
to look at the worse scenario and that is a difference between 9
dwelling units per acre under SF-2 and 12 dwelling units per acre
under SF-3. President Huff-Menees stated for clarification that
the type of development being proposed could not be accomplished
under the current zoning. Mr. Overson pointed out the answer to
that question is yes it could. He questioned since the current
zoning allows the type of development proposed by the applicant,
what didn't he just develop it? Mr. Sexton stated as he
understands the planner, in theory under the current zoning 20-22
dwelling units would be allowed and under the requested rezone 30
dwelling units would be allowed. As he understands the density
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August 3, 1994
Page 22 of 31
requirements under the rezone, 30 single family residents could be
built on the site, however, they would never be sold because they
had not been subdivided. If it is desired to put in 10-11 unites
per acre, there must be a plat. Even if the current zoning is
retained, the plot must be platted in order to sell the lots. He
emphasized there is another mandatory step if the site is to be
developed and that required plat approval. As it stands right now,
eight units could be built because it requires 9,600 sq. ft. within
the individual lots. Because of the mitigated EIS, the price of
the lots will have to be raised if it is limited to only 8 lots.
Because of the surrounding area, the higher priced lots may not
sell and the applicant feels it would be better to reduce the cost
of the lots by providing more dwelling units per acre. Mr. Overson
stated if Council chose to approve the rezone on the contingency
that the proposal shown on the applicant's drawing allowing 4.4
dwelling units per acre, is that agreeable to the applicant? Mr.
Sexton states yes, without question and within Council's wisdom
they can decide as one of the conditions of the rezone to attach a
density requirement. After reviewing the mitigated EIS
requirements, he did not see any restriction addressing density.
Mr. Law asked if Mr. Sievers concurred with Mr. Sexton's comments?
Mr. Sfevers stated he was satisfied and one of the issues he had
was to give this many divisions and clearly the change in zoning
will allow a few more divisions and given the market the applicant
could probably make more money with more sales rather than fewer
sales of individual lots. But, neither the SF-2 or SF-3 zoning
allows duplexes so we know by the underlying zoning that there will
be only single family residents on each of the lots. If the
mitigated DNS does not contain a density spread out throughout the
subdivision, Council might want to make that a condition. He
agreed with Mr. Sexton's comment that keeping the site as one large
parcel with 30 dwelling units would not be economical in that they
would have to remain as rentals. Mr. Law questioned if Council
could grant approval contingent upon retaining the 4.4 density rate
or are they only able to approve the zoning and see what happens
after that? Mr. Sievers stated given the minimum lot size under
SF-3, he doubted there would be a higher density than 4.4 dwellings
per acre. Council will have an opportunity to not allow maximum
density of the division when the preliminary plat is presented. At
that time, if council feels there are too many divisions, the lot
size can be increased above the minimum. Mr. Colvin stated the
question raised was whether or not Council can place a condition on
a fezone. Mr. Slevers stated to affect this on the rezone, it is
possible under this minimum lot size to go with more than 11
additions. What Council would end up doing is a contract rezone or
an overlay saying it is SF-3 with a larger minimum lot size,
roughly the average of 11 instead of the 4,800 sq. ft. Council can
make such a stipulation as part of rezoning to guarantee what comes
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August 3, 1994
Page 23 of 31
before them later as a plat will look approximately like the
drawing displayed during this hearing with no additional divisions.
Mr. Law stated he could not support this item unless it included
the requirement as outlined by the City Attorney. He is concerned
that people were idealistic they'd rather see a $300,000 home build
rather than a $200,000 because the likelihood of getting the return
on the investment is not as good.
Mr. Neville pointed out it is very clear that Council can only
approve a rezone if it meets all of the required criteria. In his
opinion, Criteria #2 has not been met and all five criteria must be
meet to be approved.
Mr. Farr noted Mr. Neville stated his opinion, which is subject to
interpretation, and he feels all five of the criteria have been
met, including at least one under Criteria #2. He believes that
the site was zoned inappropriately when established and that
conditions had changed markedly in the subject area in the public
interest. He believes the rezone is in the publics' interest to
try to follow the guidelines of the Growth Management Act and
Comprehensive Plan. It also.makes sense to him aesthetically and
economically to follow those guidelines.
Mr. Colvin asked Mr. Neville to amplify his reasons why he felt
Criteria #2 had not been met. Mr. Neville stated the SF-2 zoning
designation exists around the shoreline of the peninsula and the
applicant can still do the project under SF-2 with the only
difference being less houses. He believes the proposed project is
a quality project and one he would like to see established in that
area, but it does not need to be at a higher density.
Mr. Winters stated because of the Planning Commission's
conclusions, he also disagreed with Mr. Neville on this issue. One
of the main goals within the City is the Comprehensive Plan to
improve housing. Developers are needed to provide such projects
within the City~
Mr. Law asked what would be needed to lock in no more than 11 units
as portrayed on the drawing provided by the applicant? Mr. Sexton
suggested the following options: (1) include a condition that says
the density for the parcel shall not exceed 4.4 units per acre; (2)
this rezone is conditioned upon that it be constructed in
accordance with the plat plan that has been presented; or (3) that
it be conditioned on plat approval. Mr. Sievers agreed with Mr.
Sexton in that option (3) was the simpler method that could be tied
directly into the plat decision. Mr. Overson asked Mr. Olwell to
respond to that discussion. Mr. Olwell noted a point of order and
asked if Council was doing conditional rezones in the City of
Bremerton? Mr. Overson pointed out Council has the right to do a
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August 3, 1994
Page 24 of 31
rezone with conditions. Mr. Olwell stated if so, he hoped such
action would be taken during the platting stage. Discussion on a
plat is a side-bar issue to what is now before Council, and he and
his neighbors believe there are no ties that would be binding by
the rezone. In reference to the applicant's discussion on the
cost involved in developing the site, his is knowledgeable that a
nearby resident would be willing to purchase the subject property
for the same price Mr. Haselwood paid and then turn it over to the
City for a park. It disturbed him that the applicant would bring
before Council the issue of economic return on investment for the
proposed project at the time a rezone is being requested.
Mr. Overson noted the original intent in 1988 was to attempt to
stay with SF-2 zoning around the waterfront, but again real estate
is only worth what it is worth and developers have some strict
economies to stay within. It has gotten more challenging to build
a home under today's building code requirements and to build
amenities. Council is not to make decisions based on purely
financial considerations, but rather the five criteria and in a
narrow view of the five criteria it leads one to not accept some
presentations where a broader view might. He sees the proposed
project to be good in many ways, however, he did not want to see an
adverse reaction started with the rest of the waterfront property
owners.
Mr. Law stated there is going to be extensive maintenance fees and
upkeep of that area and he assumed the owners would divide that
cost. If the developer is restricted to building fewer lots, it is
very likely that will drive up the cost of housing on those sites.
Mr. Farr pointed out when the Zoning Ordinance was adopted in 1988,
there was no consideration for growth management because at that
time the GMA did not exist. The Comprehensive Plan, which was in
force at that time, addressed trying to utilize areas that are
already served by utilities and was a consideration.
M/S/C(Farr/Winters) to adopt the Planning Commissions Finding and
Conclusions of Law and approve the rezone request subject to plat
approval, and direct the City Attorney to prepare an ordinance
amending the zoning map.
Vote on motion:
In Favor: Winters, Overson, Farr, Law, Huff-
Menees
Opposed: Neville
Abstain: Colvin
Motion carried.
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Page 25 of 31
Mr. Winters asked that Mr. Lefcoski be allowed to speak. Jack
Lefcoski questioned where will we all be when the plot plan comes
in for approval and a 30-unit apartment house is displayed?
President Huff-Menees pointed out to Mr. Lefcoski that a condition
of plat approval was established as part of Council's approval of
the fezone.
9B - 'PUBLIC HEARING: ORDINANCE (FIRST READING) CLOSURE OF
MONTGOMERY STREET AT 11TH STREET, #AB94-165
On March 4, 1994, the Engineering Department received a petition
from the residents on the east side of North Montgomery Avenue
between 9th Street and llth Street, requesting closure of North
Montgomery Avenue at llth Street (copy attached). The Engineering
Department has checked the petition and 80% (8 out of 10) of the
signatures are the registered owners. The action before the City
Council is to close Montgomery Avenue at llth Street as requested
by the petition.
President Huff-Menees asked the "Appearance Of Fairness/Conflict Of
Interest" question with all members being seated.
Dan Eisses, Senior Engineer, stated this issue is not connected
with the Safeway project and occurred as a result of staff being
out in the neighborhood talking with the neighbors because of the
Safeway project. The existing Safeway site had a driveway that
exited out on to Montgomery, however, the new Safeway site does not
and that is why he views it as not being connected with the Safeway
expansion project. As part of the permit conditions, Safeway did
agree to install and maintain landscaping required for the closed
off area, if Council approves the proposal as presented. Since the
time the public hearing date was set, he did send a letter to Brem-
Air Disposal, Inc., notifying them that a public meeting on this
issue would be held and/or to give him a call to voice any concerns
they may have if this item was approved. No response was received
from Brem-Air. This proposal was also taken before the Traffic
Safety Committee on August 2. Members of that committee include
representation from the Fire Department, Police Department,
Planning Department, Attorney's Office and Risk Management. Their
recommendation was approval of the proposal and Engineering was
asked to look into the feasibility extending the left turn pocket
at Callow and 11th Street in order to hold more vehicles.
Mr. Farr stated he was remiss on the "Appearance Of
Fairness/Conflict Of Interest" question and wanted Council to be
aware that approximately two weeks ago he had a conversation with
Mr. Howe about his desire to have Montgomery Avenue closed at the
llth Street intersection. He assured Council and the public that
conversation has not influenced his objectivity on hearing this
issue. No one from the audience objected.
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Mr. Neville stated he was somewhat apprehensive when he first heard
this issue, but after giving it much thought he believes in the
project and that it should happen. He travels that street
approximately four times per day and in his opinion that
intersection is very dangerous. Also, it follows along with long
term plans projected for Bremerton and the Campus Evergreen
Neighborhood Plan addresses some places along 11th Street, not as
far as Montgomery, but it is on the same issue of closing off ends
of streets that go into a busy arterial. He hopes that the plans
follow true with the plans outlined in the Campus Evergreen
Neighborhood Plan for the development of such intersection
closures, thereby providing consistency in an aesthetic and
workable way throughout the City.
Mr. Winters stated he has also traveled down Montgomery Avenue many
times and recognizes that many accidents have occurred in that
area. If people in that neighborhood believe that this is to their
advantage then he, as a Council member, will listen to the people
and vote the conscious of the people and do what is right for their
neighborhood
TAPE #1223
Mr. Farr stated perhaps he could be convinced that this street
closure is an exception. However, if a survey was done on almost
any street in town, he's sure he could get 80% of the residents to
say "yes, we'd like this street closed and lets make this street a
private driveway. In effect, alls streets were built with all of
the taxpayers and vehicle users in mind. Therefore ,the folks on
Montgomery Street aren't the ultimate consideration for a street
closure. Most people would like their street closed, because the
traffic would go away. Conversely, if a street has some traffic it
is doing what it was designed to do... to carry traffic. He is
willing to hear more arguments on this, but in general, street
closures should be an exception. Mr. Overson stated his Block
Watch group also had a discussion on street closures and they
thought it was great and wanted to propose stopping traffic in the
middle of Highland Avenue. In that way, people from llth could
come and turn around, and people from 6th could come and turn
around, this would help prevent incidents like the high speed chase
some time back where three cars sped through Highland at speeds
over 90 m.p.h. Mr. Overson asked the City Attorney if a person
comes up to Montgomery and takes a left, and doesn't judge properly
the traffic and gets smacked by a car, is the City liable? Ian
Sievers, City Attorney, stated he has not studied the intersection
in discussion, but a lot depends on the warrants he reviews from
the history of accidents in that certain intersection. Mr. Overson
asked if the City would be liable in any way if someone rammed
through a barrier that was erected as a result of Council approving
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August 3, 1994
Page 27 of 31
this proposal? Mr. Sievers stated that barriers are going to have
proper markings and be visible to the reasonable driver (not
intoxicated, etc.), so there should be no liability problems. Dan
Eisses, City Engineer, addressed Mr. Overson's first concern as to
the City's liability and the fact any City action depends on
traffic history in a particular intersection. This intersection
has been watched since he first came to the City 5-6 years ago,
because the sight distance for traffic turning left is minimal. As
far as the traffic history, it has been watched because there have
been a few accidents at that location, but it has not reached the
point of being a hazardous condition. When it does reach that
point, with an increase in traffic in the City, the Engineering
Department will go out and take some kind of study or action
because of the liability issue to the City. There are less drastic
measures than street closures. Because traffic control of some
sort will be warranted there some day, it made this proposal easier
for the Engineering Department to support. Mr. Overson asked what
type of barrier is being proposed. Mr. Eisses stated that the
design to accomplish this has not yet been worked out pending
Council's decision. The ideas for llth Street include extending
curbs, gutters, and sidewalks along the southern edge of llth
Street. This should make it very clear to drivers on llth that it
is no longer an access. There will be a contrast surface from the
asphalt to the concrete. Also, the double yellow center lines that
have a break to show it is an intersection will be painted through
and made visible. There are also some "turn-around" possibilities
at the end of the street. The one idea currently being discussed
would not meet the current standards set by the Fire Department for
a dead-end, therefore what is being proposed is keeping the
landscaping fairly low, not planting trees, with type-3 barricades
which are red and white and would allow a fire truck to get through
if necessary.
Mr. Colvin agreed with Councilman Farr, and said there would be
objections and supportersto barriers on streets anywhere, and each
case should be considered separately. He read the comments from
the neighbors who live in this area and they would like to see a
barrier there,'so he supports the proposal as presented.
President Huff-Menees stated she agrees issues such as this should
be decided on a case- by-case basis. But, she disagrees with
Councilman Farr on the issue of street closures. She believes
there are a variety of reasons why street closures can be
beneficial. Her concern is for the neighbors of an area who feel
that a reasonable benefit could be derived from a street closure,
and a variety of issues with respect to street closures deserves
further examination. So this, as well as any issue, needs to be
decided on a case-by-case basis.
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Mr. Law questioned if the Safeway site plan approval required them
to install and maintain landscaping on the street closure? Mr.
Zisses stated that was a condition of their building permit.
Mr. Farr referred to the comments made regarding accessibility of
emergency vehicles, and asked if the street closure was designed
with that in mind. Mr. Eisses said that is a detail they have not
yet worked out, but if this street closure was approved, they will
discuss any designs with the Fire Department for their approval..
Mr. Farr asked why there was an apparent hesitation from the
Engineering Department to prohibit left turns off of west-bound
11th Street onto Montgomery? Mr. Eisses stated this particular
intersection would require a mounted sign, not on the side of the
road, so it does involve putting in two string poles. Also, since
it has not yet been determined to be a "hazardous" intersection,
they cannot justify spending money for the existing condition.
Mr. Winters stated that as a businessman, he sees this to be a win-
win situation. When residents reduce the amount of traffic and at
the same time the safety factor of closing the street will send the
traffic to Callow to take a left, which will benefit the businesses
located along that arterial street. It is conducive to the
business district to have people continue to drive up and down
Callow as opposed to the back streets. Carlos Montgomery, 605 N.
Cambrian, stated that he does not live on Montgomery, but when this
subject first came up he spoke in favor of it at a City Council
Study Session. There has been one new twist to it, which deserves
merit -- extending the left turn lane on west-bound llth Street at
Callow. Right now that turn lane is very short and during rush-
hour traffic vehicles are backed up way past Montgomery, almost to
Rainier, and sometimes further than that. Mr. Eisess stated they
would look into it.
John Thomas, stated as a Fire Fighter, who provides services to the
City of Bremerton, he would rather see that street one-way, south
to north, with a right hand turn lane only, onto 11th.
Elizabeth Bus11 stated that she drives on Montgomery Street a lot.
She just discovered that Safeway had closed off their exit on to
Montgomery into their parking lot, they lowered it, and she hopes
they mark that well. She also stated that she wouldn't think of
turning left off of llth onto Montgomery, and feels that there
should be "No Left Turn" signs all along 11th because it is so.
dangerous. She does not like the idea that the only exit from
Safeway will be on to Callow because she always tries to avoid
Callow. She questioned if the delivery trucks will be able to use
Montgomery? Mr. Eisses explained a truck loading bay will be
located on the corner of 9th and Montgomery. Trucks will need to
travel down Callow, turn up 9th, and then exit south on Montgomery,
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August 3, 1994
Page 29 of 31
per Safeway's request. Ms. Buell stated Safeway is just thinking
of themselves and not the neighborhood. She also asked if Callow
was going to be widened because it is hard to turn on to Callow?
Don Mail Superintendent of Safeway project, stated he wished to
address some of the site problems with the neighbors around the
Safeway store. There will be access, a pedestrian stair system,
coming from Montgomery to the main store. There will also be a
retaining wall in the loading dock area which will help to muffle
some of the noise from the trucks. There are three turning
accesses out of the parking lot: a left turn lane, a right turn
lane, and a thru lane. There is also an emergency exit. He
emphasized that the neighbors around Montgomery have been excellent
to work with.
Joshua Stewart, Montgomery Avenue, started he started the petition
and got the signatures. A major concern of the neighbors in that
area had to do with the number of cars parked on the street that
have been repeatedly side-swiped, three this year alone have been
totaled. He mentioned other incidents and accidents that have also
happened at this intersection in just the last several months due
to the "blind spot". Making a "No Left Turn" would not be the best
way to solve the problem. Also, no one seemed to obey the 25
m.p.h. sign and use the road as a "raceway". Their goal is to
force the traffic back out to the business districts and arterial
street and away from the school and residential districts.
Lauren Johnson, does not think it is right to close Montgomery. He
stated he uses that street frequently as an alternative to Callow
Avenue. He believes if Montgomery Avenue is closed, the traffic
will just move further up the hill, closer to the school. A viable
alternative would be to take away the left turn lane off of
Montgomery onto 11th. He feels that the City shouldn't restrict.
traffic any more than it already is.
Jim Brown, Montgomery Avenue, favors closing Montgomery Avenue due
to the traffic situation, and safety should be the number one
issue. One side of Montgomery is residential, the other side is
business. The residents would like to "cushion" the
business/residential interface that happens there. He felt that if
someone could come up with another alternative, such as a one-way
street, the residents of Montgomery would be willing to listen, but
the street cannot remain a two-way street.
Elizabeth Buell felt that with people not being'able to come out of
Safeway onto Montgomery, that would eliminate a lot of the traffic.
People could come down Montgomery and make a right, just prevent
them from making a left. She felt this option was worth a try
first, before blocking the street. Joshua Stewart disputed that as
a viable option to solve this problem because right now with
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Page 30 of 31
Safeway being closed, people who drive down the street now have a
straight shot. They know that no one will be turning into Safeway,
so they do not slow down. Also, this option might increase traffic
elsewhere, but if a person looks at those other streets, they are
all two way streets with parking on both sides. A car driving down
has to slow down to maneuver past the cars because the street is
not wide enough ~for two way at the same time. Jim Brown stated
Safeway has been working on this project for quite a long time, and
questioned what the Council had done to research all the problems
that are being presented now, and what could Safeway have offered
as a solution to some of these problems? Mr. Eisses stated there
is just so much you can do when a developer comes into it. How
many of these are their problems, how many are the City's problems,
and how many are problems in general seen after the fact. He
addressed some of the questions raised by Mr. Brown, but stated
that it can take a few months to get an issue to Council to see if
they are for or against it, and these are all things that the City
is looking at, but it is an on-going process.
President Huff-Menees pointed out that there was a public hearing
on the Safeway Project, and a number of the issues mentioned were
discussed at that time, and there was also the opportunity for
questions. She also thanked those members of the public who waited
to hear this issue.
Mr. Overson stated he still had some concerns regarding the impact,
and questioned why not just place a sign "Right Turn Only" ? Is it
the cost? Also, what liabilities does the City run into if the
street is closed and a turn-around is not provided? What is the
cost of closing the street? Mr. Eisses stated the estimated cost
would put this proposal in the $5,000 - $8,000 range, for just the
road closure. Safeway vacated a couple of alleys in that block,
and if this would go through, the City would use that money for
this proposal. This option was looked at instead of a "Right Turn
Only" because this is what the residents asked for, and because of
the policy approved by City Council that the City was looking at
closing off streets that exit onto arterial streets. When this
petition came in, it was decided to carry it forward.
Mr. Winters emphasized when it comes to safety and dollars, he
believes safety supersedes dollars. He believes this is a safety
issue anda concern to the citizens.
Mr. Farr felt that this issue was a really tough one to vote on.
There are good arguments on both sides, and he can sympathize with
the residents who live on Montgomery, but the concern that he has
are that the problems that are on Montgomery now will move up the
road to another street. If this does not pass tonight, he would
like to see Montgomery made into a one-way street, and prohibit
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August 3, 1994
Page 31 of 31
left turns on to it from 11th.
Mr. Winters stated even if the traffic moves to another street,
there will not be a crest or hill when you back up one or two more
blocks. It is a flat area, with no "blind spot".
M/S/C(Winters/Colvin) motion to approve the ordinance on first
reading, closing Montgomery Avenue at llth Street.
Vote on Motion:
In Favor: Winters, Neville, Law, Colvin,
Huff-Menees
No: Overson, Farr,
President Huff-Menees regarding the statement made earlier with
respect to the new procedures for public service announcements
prior to Council session, that will NOT commence next week. A
couple of weeks are needed to work out the technical details and
staffing requirements. A new announcement will be made in the near
future as to when that will begin to take place. Also, a reminder
that applications are being accepted through the month of August
for the appointment of the District #8 City Council position that
was vacated last week by Eileen Fitz. All interested citizens from
that District can pick up an application at the City Council
office.
With no further business meeting adjourned at 9:45 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
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