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HomeMy WebLinkAbout11/30/05 CITY COUNCIL MEETING MINUTES -,' AtMMIJ. JAPf 4,_ DIGITAL RECORDING VVednesday,November30,~005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, VVashington, VVednesday; November 30,2005, at 5:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, VVill Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, VVendy Priest, Cecil McConnell, and Brad Gehring., Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and Legislative Assistant Lori Smit~. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Pastor Larry Robertson of Emmanuel Apostolic'Church. President Nvaren provided the following announcements... A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and he apologized for the lack of enough agendas; but informed citizens that if they would like to receive information on upcoming Council meetings, they may go to the City's website at http://www.cLbremerton.wa.us. or call the Council Office at (360) 473-5280. MAYOR'S REPORT Mavor Bozeman provided his comments regarding the Zoning Code that was 'on the agenda tonight, inCluding his. opinion that the height ,restrictions of the current plan were very limiting. PUBLIC SERVICE ANNOUNCEMENTS & PUBLIC RECOGNITION President Nvaren announced that the Council would hold a Study Session on Monday, December 5, 2005 to hear an "Update on the Bremerton Marina" from the Port of Bremerton. ' President Nvaren al,so invited representatives from the Bremerton School District to his next District 3 Community Meeting to allow citizens an opportunity to learn more about the "Brernerton School .support Leyy" on Tuesday, December 6 from 7:00 to 8:30 PM at the Manette Senior Center located at East 13th Street & Nipsic Avenue; announced that VVinterfest events would be held .in conju.nction with the First Friday Art VValk this Friday, December 2nd Y"ithin areas located on Callow Avenue, Downtown Bremerton, and Manette; and, also invited members of the public to attend a combined-District meeting for Districts 6, 7, 8 & 9 to 'hear a. presentation on the "Bremerton School Support Levy" with, representatives from the Bremerton School District tomorroW from 7:00 to 8:30 PM at the' Oyster Bay Conference Room at the public-Works Facility located at 100 Oyster Bay. Will Maupin presented .the City Pride Award for the Month of November 2005 to Jerry & Laureen Miller in recognition of their home and property located at the end Marine Drive. , , CONSENT AGENDA A.. Check Numbers 304089 through 304146; EFT-86~4 through. EFT-871 0; 8692P and 8693P in the amount of $729,569.97; Regular Payroll in the amount of $643,243.64 for the pay periOd ending November 30,2005; and Retiree Payroll in the amount of $73,787.33 for the pay period ending November 30, 2005 (#AB05-270) B. Minutes of Meeting - November 16, 2005 (#AB05-271) . C.' Professional Services Agreement with VV AlKER MACY for Landscape Architecture &, Urban Design Planning for Harborsid~ Park; Building 50,'addition, and adjoining grounds; and Memorial Plaza (#AB05-272) There were no comments from the public. , 5:45:30 M/S/C/U (McConnell/Priest) Move to approve the Consent Agenda as presented. City Council Reg. Mtg. Minutes VVednesday, November 30,,2005 Page 2 of 8 5A ~ PUBLIC' HEARING AND ORDINANCE NO. 4954 ADOPTING THE 2005 COMPRE- HENSIVE PLAN AMENDMENT DOCKET (#AB06-273): Andrea Spencer, Department of Community Development, summarized that the action before Council is'to conduct a PLlblic hearing and adopt the ordinance for the 2005' Comprehensive Plan Amendment Docket. Linda StreissQuth, Planning Commission,. added 'comments to support the recommendations made by the Planning Commission. Amendments include (1) to change a portion of the plan's land use map designation from Oyster Bay Neighborhood Center (OBNC) to Low Density Residential (~DR) and Commercial Corridor (CC) along Kitsap VVay, generally between National Avenue and Oyster Bay Avenue; (2) to change the plan's land use map designation from Low Density Residential . (LDR) to'Downtown Regional Center (DRC) in the general vicinity of Chester & VVarren and 6th & Burwell: and (3) to make certain related amendments to descriptive text and illustrations in the Comprehensive Plan. Reverend Larry Robertson asked that the CounGil reconsider rezoning the area around Emmanuel Apostolic Church since the rezone would cause the church's bookstore and potential new businesses to be in violation of the new code. Karen M. Gentry read a letter into the record explaining that her and her husband own two 4- plexes to financially provide for their retirement, and was concerned that the new zoning as proposed would cause their 4-plex to no longer be a conforming use. Darrel Fields also asked that Council reconsider the change in. zoning for'Emmanuel Apostolic Church. Tobie Wilkens emphasized that her hair salon would be impacted by the proposed zoning change. Rebecca MaQuire has owned property that is currently zoned . multi-family and a change in zoning would mean that if a'ny units were destroyed, she would not be able to rebuild the structures and hoped that Council would not allow for this change in the zoning code which would discourage any improvements in urban density. Ronald Flemister offered his support for. Emmanuel Apostolic Church and hoped that Council would.,not make zoning changes that would impact the church and neighboring businesses. Opal Robertson supported keeping the Emmanuel Apostolic Church in the Business Gore Center, and urged ~he Council to support the ,staff's previous recommendations. Henry Waldsforf LonQfellow Shepherd agreed with previous comments and hoped that Council would follow staff recommendations and further economic development by doing so. Chris HUQo, .Director of Community Development, clarified that the changes being proposed are actually corre,ctions to the Comprehensive Plan and are not considered "emergency amendments". Mike Shepherd thanked Council for the opportunity to remand concerns back to the Planning Commission so that the zoning issues could now be resolved. Brad GehrinQ recognized th~ efforts put forth by Emmanuel Apostolic Church, but felt that there was another process to address their concerns. Cecil McConnell asked what was considered to make Area A an emergency amendment, but not City Council Reg. Mtg. Minutes VVednesday, November 30,2005 Page 3 of 8 B, C, and D. Mr. HUQO responded that Area A requires a correction to be consistent with the rest of the Comprehensive Plan. Dianne Robinson asked what establishes an ,emergency. Mr. Huao explained that when the Director of Community Development comes to the Council and states that there is an error in the Comprehensive Plan, or as the staff tries to work with the policy, they find they can not, the director with the assistance of the Planning Commission would then ask the Council to confirm the emergency to make the necessary corrections. Mike Short a~ked what timeline would the City be under ,if the issues were not dealt with tonight. Mr. HUQO answered that if it were r~lated to Areas Band C then the issues could' be taken care of within a few months, but the actual code amendments are required and can only be done once in 2006. Mr. Short also asked how residents are ndtified if they reside in an affected area of a possible rezone. Mr. Huao stated that large signs are posted for'large areas and for smaller areas then each resident is' notified which could be done by email.by 'letter, or through neighborhood meetings. Carol Arends asked if changes that would affect Emmanuel Apostolic Ch~rch be considered Comprehensive Plan or Zoning 'Code changes. Mr. HUQO stated that Council could deal with Zoning Code issues at a later time, but Comprehensive Plan issues would need to be dealt with tonight. 6:34:03 Main Motion was made, but no vote was taken at this time as the discussion by the Council continued... ' 6:36:03 A-M/S/C/U (Gehring/Robinson) Move that the Department of Community Development be directed to include "Area B" as illustrated in Attachment V "Commercial Uses Outside of 2004 DRC Boundaries" map as, part of the 2006 regular Comprehensive Plan Amendment Cycle with consideration to designating this area as "Institutional". Amending Motion was made, but no vote was taken at this time as the discussion by the Council continued.. . 6:42:03 M/S/C/U (Arends/Short) Move to adopt Ordinance No. 4954 ,adopting the amendments to the Comprehensive,Plan Official Land Use Map as recommended by the Planning Commission, as amended. Council recessed from 6:42 - 6:51 P.M. 5B - CONTINUED PUBLIC HEARING AND ORDINANCE NO. 4950~ ADOPTING AMENDMENTS TO TITLE 20 OF THE BREMERTON, MUNICIPAL CODE. RELATING TO ZONING (#AB05-239): ,Chris HUQo, 'Community Development Director, explained that the proposed ordinanCe enacts the fifth and final "package" of new section ,of the zoning code and a new zoning map. This is the final step in the implementation of the 2004 Comprehensive Plan. The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act. Package #5 consists of the full proposed Title 20 zoning code. Amendments, edits, and revisions to the zoning packages #1 through #4, previously reviewed and adopted but not enacted, are contained in Package #5. Adoption of the proposed ordinance (Package #5)' will make Title 20 zoning code and official zoning map effective. Previously ado'pted Ordinances No. 4932 (Package #1), No. 4937 (Package #2), No. 4941 City Council Reg. Mtg. Minutes VVednesday,November30,2005 Page 4 of 8 (Package #3), and No. 4946 (Package #4) wili ,be s!multaneously repealed. Andrea Spencer, Department of Community Development, discussed the following amendments: Amendment 1: Recommends that the building height for the residential areas north of 6th, Street be 'limited to 40'; Amendment 2: Recommends that a new section "Allowable Density and Lot Area in Under-utilized Urban Fringe Areas"; Amendment 3: Addresses "Residential Cluster Development"; Amendment 4: Designates East P?lrk and VVest Park properties as "Master Development Zone" on the Official Zoning Map; and Amendment 5: Revises "Satellite Parking" to include the term "Public Use". Linda Streissauth acknowledged the members of the Planning Commission; and provided a briefing to support the recommendations. ' Pastor'Lar..v Robertson expressed his gratitude for the work done by the Planning Commission members. ' Shane Schrodt referred to a Kitsap SUN article which indicated people were opposed to height restrictions and clarified that he as an owner of 19 properties supports height restrictions but at 60 feet not 40 feet as proposed; and. commended the Mayor and Council for the revitalization efforts. Claire Schrodt'read her letter into the record supporting higher h~ight restrictions than currently proposed. Olivia Voiatsj Real Estate Manager for CLEAR CHANNEL OUTDOOR Company which owns approximately 24 billboards in the City, of Bremerton, read her letter into the record which opposed , amortization of the signs which clearly have not worked in other cities. Bob Erickson from VIACOM, agreed that while cities may look at limiting the use of signs but that may not be beneficial for a city such as Bremerton. Connie Christman also supported a change in height restrictions for the downtown area. Donald Smith Miser asked the Council to consider setting height restrictions at 60 feet which would benefit the downtown area by increasing density .an~ also improving the tax base for the C~ ' J. David Robie, read a letter into the record to address his concerns that included the lack of proper notification, errors in the proposal, off-street parking, and the amortization of outdoor signs; encouraged the Council to vote no on the proposed changes to the zoning code; and submitted a copy of the CHARLESTON COMMUNITY PLAN dated August 1997, and pointed out that the Planning Commission did not consider this plan. Curtis LandinQ emphasized that condominium projects will generate revenue and will improve the standard of living for downtown residents. . John Lyle was opposed to the height restrictions and hoped that a final determination of what height should be allowed may be made at a later time. H. Emily Moshay did not support the height restrictions on a temporary basis and asked that the limit be set at 60-feet. " Francis Meyers former owner of Charleston Cinema, now G-Style Knights', was not in favor of the proposed zoning changes, unless the City can explain how the changes would benefit the businesses. ' City Council Reg. Mtg,. Minutes VVednesday, November 30, 2005 Page 5 of 8 Brett Warner owner of STRATEGY REAL ESTATE, believed that a change in the restricti~ns may stop the influx of interested real e~tate investors. Dennis Peterson owner of businesses on Callow Avenue, expressed concerns over proposed changes in zoning relating to parking. Steve Priest resident of Highland Avenue, supported downtown revitc;llization efforts and asked that Council be careful, in their decisions in order to preserve the historic character of neighborhooqs such as Highland. Jim Webber aske" that no height restriction be imposed. Rebecca MaQuire was concerned about the impact to the neighborhood from parking set aside for the new Police Station that is planned for a R-10 Zone. Rex Garland resident of the 900 block of Highland Avenue, thanked the Council for providing a zoning code, but is shocked that the controversy over the difference of 20-feet for the height restriction of one neighborhood is holding up the process. Michael Brown resident of 1900 block of Ma~ine Drive, agreed with a lot of the comments that were made tonight, but particularly addressed the issue of height restrictions,. and how they Can affect future development. Wes, Larson addressed the Highland Avenue project, and believed 35 feet would limit viable projects, and would work with the City to dev~lop design standards through the sub-area planning effort to allow some flexibility in downtown projects. A recess was called to change the tape from 7:40 - 7:56 P.M. ' Nick Smith supported a 60":foot height restriction and referred to Ordinance No. 4873 passed in 2002 relating to community renewal. ' , Cindy Crenshaw asked the Council to reconsider the zoning for the area proposed for the new PoliCe Station on Burwell. David Toyer supported the approval of the zoning code tonight. Helen Miller asked if the zoning code did not pass tonight, could th~ City inquire how many projects could be delayed or what economic impacts may be f~lt by the City. The question was referred to Mr. Hugo. Unnamed Speaker was concerned about'the lack of notice .10' affected businesses. Wendy Priest provided history about the Highland area, and felt that most of the residents in the neighborhood would prefer to preserve the neighborhood; clarified that developing design standards would take from 3 to 6 months. Chris HUQO felt that there could be an approach to include a 60' limit in the motion right now under a'moratorium while they worked to develop design guidelines. Public input.would be included. There would be a focused effort to address the current issu~, limited to the area east of Pleasant Avenue. Mike Shepherd discussed that this was a residential area that included a larger area outside of "Highland""so other developers are involved and other neighbors ate affected. City Council Reg. Mtg. Minutes VVednesday, November 30, 2005 Page 6 of 8 Ms. Priest expressed concerns that the 60' height restriction would not work for all areas designated. Mr. HUQO stated that fhe City is never locked into a "zoning" code, it can always be reviewed and changed. He clarified that there are different requirements for residential areas and shoreline areas. ' Mr. Maupin believ~d that when considering a comprehensive plan, higher height would allow development of the area. Mr. McConnell was not supportive of increasing the height restriction tonight prior to 'any study. Mr. Short agreed with the compromise that was being proposed; and agreed that there is opportunity to increase the density. Mr. GehrinQ asked for clarification on deve.lopment of a neighborhood plan. 'Mr. Huao responded that the neighborhood plan could be accomplished in 60 days. Mr. Shepherd was very concerned that this project was moving along without the' development.of a neighborhood plan. Mr. HUQO assured the CQuncil that representatives from the neighborhood and members of the Planning Commission would be included in the process. ' , Mr. Lubovich explained that if the Council adopted a 60 foot limit and instilled a moratorium, a hearing would have to be held within 60-days. Ms. Priest asked for assurance that proper notification would be provided. . In addition, an e-mail ~eceived 11/30/05,2:28 PM from Teresa Fox was made a part of the record. 8:47:17 Main Motion was made, but no vote was taken at this time as the discussion by-the Council continued... 8:52:50 M/S/C/U (Robinson/McConnell) Move to amend the main motion to include a new section 20.60.68 "Allowable Density and Lot Area 'in Und'erutilized Urban Fringe Areas" as recommended by the Planning Commission on October, 18, 20Q5 with minor modifications; and subsequ~ntly amended by staff on 11/30/05. 8:53:20 M/S/qU ,(Shepherd/Short) Move to amend the main motion to revise Section 20.58.060 "Residential Cluster Development". ' 8:54:12 M/S/C/U (Priest/Short) Move to amend the main motion by designating the East Park and VVestpark properties as "Master Development-Zone" on-the Official Zoning Map and to revise Chapter 20.80 Master Development zone text as recommended by the Planning Commission on November 15, 2005. 8:55:45 M/S/C/U (Short/Maupin) Move to revise "Satellite Parking" Section 20.48.220(b) to include the term lipubiic Use". ' 8:~6:21 M/S/C/U (Robinson/McConnell) Move that the City staff report back to the Council on January 5, 2006 with a new provision to allow the incubator business as an allowable use in the R- 10 in association with a worship or religious facility or by conditional use permit. City Council Reg. Mtg. Minutes VVednesday, November 30,2005 Page 7 of 8 9:00:58 (Maupin/Shepherd) Move to revise Figure 20.74(a) as proposed with the areas north of 6th Street limited to 40 feet in Aeight as desi~nated except that area east of and including those properties abutting Pleasant, south of 11 Street and east to the shoreline be approved at 60 feet subject to the Shoreline Master Program height restrictions; and further that a moratorium be imposed on all permits in the area for development ,over 40 feet in the area designated 60 feet, said moratorium to be in effect for 60 days from the effective date of the' ordinance in order to consider design guidelines for development in the area so d~signated with the 60 foot height limit. 9:02:02 M/S/C/U (Arends/Short) Move to pass Ordinance No~ 4950 adopting the proposed zoning code amendments and proposed offic!al zoning map, all relating to Land Use. 6A,:", ORDINANCE NO. 4955. AMENDING CHAPTER 3.01 O,F THE, BREMERTO.N MUNICIPAL CODE UPDATI'NG "RATES-AND FEES" FOR 2006 (#AB05-274): Laura Lyon, Financial Services Director stated that in conjunction with preparation of the 2006 Proposed Budget, the administration is recommending that certain fees and rates found in Chapter 3.01 Rate Tables be amended. Specifically, Rate Table C - Community Development rate changes refl~ct modifications to land use procedures and ,new terminology' in the proposed zoning code; Rate Table D - Police Department amends animal license fees to gain uniformity with Kitsap County; Rate Table E - Fire Dep~rtment proposes rate increases in ambulance transport fees that reflect the .increase in costs of providing services;, Rate Table F - Parks Department establishes 'Not to Exceed' rates for more flexibility in pricing user feels; and Rate Table G - Pubic VVorks and Utilities permit fee increases reflect the rise in inspection fees. Unnamed Speaker wanted to know how he could comment if he did not have copies of the "tables" mentioned. President Nyaren ,stated th~t the Council packets are' avail~ble during the Study Sessions, and 1-week before the Council meetings. The' information is available on the City website at www.cLbremerton.wa.us or by calling the City Council Office at (360) 473-5280. Mr. Shepherd commented that the rate changes equate to be about a 3 to 5% change in recreational fees. Mr. Gehrina .noted that fees for seniors at the Gold Mountain Golf Complex have actually decreQsed. ' 9:08:09 M/S/C/U (Maupin/Short) Move to pass Ordinance No. 4955 amending Chapter 3.01 of the Bremerton Municipal Code updating rates and fees for'2006. 6B - ORDINANCE NO. 4956. ADOPTING 2006 UTILITY RATES AND GENERAL FACILITIES ,CHARGES: AND AMENDING CHAPTER 15.06 OF THE B'REMERTON MUNICIPAL CODE (#AB05-275): Phil Williams, Public VVorks & Utility Director, explained that the,City hired an ,ndependent rate consultant in 2004 to conduct a complete ra~e analysis and Cost of Service Study (COSA). That effort resulted in a three-year recommended package of rate adjustments for the City's three utilities. The first of those,adjustments was effective on November 1, 2004. After updating and confirming the revenue requirements in October 200S, the second phase of this three-year plan is now required to meet the utilities needs for O&M (operation and maintenance) and capital, ~nd comply with changing -state and federal'regulations. ' The overall revenue growth is 15% for VVater, ,14% for Wastewater, and 25% for Stormwater. The rate design being . recommended for VVastewater is identical to that used in 2004 but is at 14% which combines the . , 2005 and 2006 increases recommended in the rate study. 'VVater rates have all been adjusted by the 15%.overall re'commendation. Stormwater is also adjusted by an even 25%. City,Council Reg. Mtg. Minutes VVednesday, November 30,2005 Page 8 of 8 Helen Miller asked if an explanation regarding how mU9h of an increase would be expected by the rate payers. Mr. Williams, responded that approx. $12 per month for all three utilities combined, o~ approximately 18%. Stuart Dempster was. concerned that this would still create, a, hardship for a lot of residents. He was also concerned that there are no incentives for water conservation. President Nyaren explained that costs have increased due to increased federal regulations arid standards, and the City is obligated to charge what it ~sts to provide the service. The issue of conservation was addressed during prior discussion and in the rate changes. Mr. Maupin emphasized, that collecting charges at a morl:! appropriate rate would offset the, debt the City incurred through completion of utility improvement projects. Mr. Short stated that the system is complicated by unfunded mandates which drive up the costs of service. Mr. McConnell stated that it would save the, ratepayers money in the long run. Mr. Shepherd was concerned about the excise tax applied on the rates. 9:32:39 M/S/C/U (Sh~rtIMcConnell) Move to pass Ordinance No. 4956 adopting new utility rates and General Facilities charges effective January 1, 2006, 'and amending Bremerton Municipal Code Chapter 15.06. ' 9:38:30 A-M/S/F (Shepherd/Robinson) Amendment to have Public VVorks Committee come back with a recommendation on how to accomplish reduction of the tax rate or consideration of a diversion' of that increase to low-income. Voted in favor of A-Motion: Robinson, Priest" Shepherd, Nygren Voted opposed to A-Motion: Arends, Maupin, Short, Gehring, McConnell A-Motion failed: 4-Yes; 5-No VVith no further business, the meeting of the City Council was adjourned at 9:39 PM. Attest: Prepared and Submitted by: L~ Legislative Assistant ~ CECIL McC CM/PJlls/cge