HomeMy WebLinkAbout06/07/2006
DIGITAL RECORDING
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CITY COUNCIL MEETING MINUTES
JUNJ . 2001
Wednesday, June 7, 2006
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, Washington,
Wednesday, June 7, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council
members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich,
City Clerk Paula Johnston, and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation
provided by of Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church.
President McConnell
. Announced that a Pre-Council Session was held in Council Conference Room 603 at 5:00 PM.
MAYOR'S REPORT
. Presented the Employee Recognition Award for the Month of June 2006 to Jackie Horton of
the Wastewater Treatment Plant for her work in the lab and training of the operators; and
commended her for her caring and committed 23-1'2 years of service to the City.
. Thanked Cris Larsen for volunteering many hours as Chair of the Armed Forces Festival for the
third year in a row; and commended City staff for helping with last minute crises prior to the parade.
. Announced that Bremerton was one of five cities to receive the Governor's Smart Communities
Award for work on the Comprehensive Plan, and was pleased with the work done by the
Community Development Department.
. Judith FriedberQ-Nerf announced that the League of Women Voters has produced a booklet
"Know your City Bremerton" and presented a copy to the Mayor and Council Members.
PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS
Carol Arends encouraged people to visit Martin Luther King Junior Library now that it has re-opened
and pointed out that the hours have expanded to include Saturdays and evenings during the week.
She also mentioned that there is plenty of parking available.
Gordy Byrd asked if taxes would be raised to pay for the proposed racetrack. Mr. McConnell
responded that the City does not have direct say over this issue.
Scott Bosch requested to read a letter regarding an item on the agenda since he would not be able to
attend. Mr. McConnell suggested that he leave his letter with another individual to read at that time,
otherwise people may also want to speak to an issue prior to the hearing as well.
Elizabeth Peterson asked the Council to consider changing the code to allow households to keep
chickens as pets.
CONSENT AGENDA
A. Check Numbers 308555 through 309129; and EFT-9021 through EFT-9022; EFT-9025 through
EFT-9033; EFT-9035 through EFT-906; EFT-9038 through EFT-9043; 9023P through 9024P;
9034P; and 9037P in the amount of $2,339,278.78; Regular Payroll for the pay period ending May
15, 2006 in the amount of $643,733.10; and Retiree Payroll for the pay period ending May 31, 2006
in the amount of $122,713.07; and International Association of Fire Fighters (IAFF) Retro-Active
Pay for the pay period January 1, 2005 through April 15, 2006 in the amount of $101,650.53
(#AB06-115)
City Council Reg. Mtg. Minutes
Wednesday, June 7, 2006
Page 2 of 7
B. Meeting Minutes - May 24,2006 (#AB06-116)
C. Ordinance No. 4972, amending Subsection 20.60.065(f) of the Bremerton Municipal Code (BMC)
to make a technical correction (#AB06-117)
D. BREMERTON KITSAP ACCESS TELEVISION Service Agreement with Kitsap County (#AB06-118)
There were no other comments from the public.
05:48:04 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
GENERAL BUSINESS
6A - ORDINANCE NO. 4973. AMENDING CHAPTER 9.48 OF THE BREMERTON MUNICIPAL
CODE (BMC) ENTITLED "FIREWORKS" RELATING TO THE SALE AND DISCHARGE OF
FIREWORKS (#AB06-119): Roqer Lubovich, City Attorney believed that in the interest in public
safety, the current provisions of Chapter 9.48 of the Bremerton Municipal Code (BMC) entitled
"Fireworks" should be updated in order to clarify when and how fireworks may be sold, and the times of
discharge of fireworks in Bremerton. The proposed ordinance updates the provisions of Chapter 9.48
of the BMC.
Jason Troxel asked if it is a Bremerton policy or State law to disallow fireworks discharge on New
Year's Eve. Mr. Lubovich answered that State law allows fireworks on New Year's Eve whereas
Bremertondoes not.
05:52:18 M/S/C/U (Arends/Robinson) Move to pass Ordinance No. 4973 amending Chapter 9.48 BMC
entitled "Fireworks".
7A- PUBLIC HEARING AND ORDINANCE NO. 4974. VACATING 240-FEET OF LAFAYETTE
AVENUE LYING JUST SOUTH OF 6TH STREET (#AB06-120): Michael Mecham, City Engineer,
stated that the City received a petition from Kuntheary P. Goodson and signed by 100% of the abutting
property owners to vacate 240 feet of Lafayette Avenue, lying just south of 6th Street. This date has
been scheduled for a public hearing on the proposed ordinance vacating the subject property in
accordance with state law and the Bremerton Municipal Code. This is a Class III right-of-way and
compensation is not required in accordance with BMC 11.20.080.
There were no comments from the public.
5:54:41 M/S/C/U (Brockus/Maupin) Move to pass Ordinance No. 4974 vacating 240-feet of Lafayette
Avenue lying just south of 6th Street.
7B - CONTINUED PUBLIC HEARING ON PROPOSED CHANGE IN USE AND FUTURE SALE OF
CITY PARKS PROPERTY LOCATED AT 1109 WARREN AVENUE: FIRST PUBLIC HEARING WAS
HELD ON APRIL 5. 2006: SECOND PUBLIC HEARING HELD ON APRIL 19. 2006 WAS
CONTINUED (#AB06-071): Roqer Lubovich, City Attorney, summarized that the Parks Department
has determined that the property located at 1109 Warren Avenue, known as the Warren Avenue
Tennis Courts and Community Center or the Girl Scout/Camp Fire property, is underutilized due to its
location at a very busy intersection and its lack of parking facilities. Public Works & Utilities has
determined that right-of-way improvements at the intersection of Warren Avenue and 11th Street may
necessitate removal of the Community Center. The Parks & Recreation Commission has submitted its
advisory report and public hearings were held on April 5, 2006 and April 19, 2006. The proposed
resolution surpluses the parks property excluding the Community Center, pursuant to BMC Chapter
13.12.
City Council Reg. Mtg. Minutes
Wednesday, June 7, 2006
Page 3 of 7
Susan Lundman Assistance Executive Director of Girl Scouts, mentioned that she has received a
preliminary estimate from companies MIKE WRIGHT LLC, OLYMPIC ASSOCIATES, and NICKEL BROTHERS
MOVING for moving the building at $417,000 which at this time is cost prohibitive and would not include
a long range move across town or foundation work; and if traffic studies do not necessitate moving the
building, Girl Scouts and Campfire hope to stay in the building as long as possible to serve the youth in
Bremerton.
Mr. Shepherd suggested a change in language to the resolution as follows: to remove Paragraph 4
"Whereas, the City has determined that the right-of-way improvements important to citizen safety may
necessitate removal or demolition of the structure at 1109 Warren Avenue".
Ms. Arends requested clarification on the motion. Mr. Lubovich clarified that by removing the
language the only action Council will be taking is dealing with the surplus of the tennis courts portion of
the property.
05:59:53 M/S/C/U (Shepherd/Priest) Move to pass Resolution No. 2993 surplusing and approving the
change in use and possible future sale of the property located at 1109 Warren as amended.
7C - PUBLIC HEARING ON AN AMENDMENT TO FIGURE 20.74 (A) OF TITLE 20 IN THE
BREMERTON MUNICIPAL CODE (BMC) RELATING TO HEIGHTS IN THE DOWNTOWN
REGIONAL CENTER (#AB06-121 ): Chris HUQo, Community Development Director, stated that during
a Committee Meeting on May 24, 2006, the City Council directed staff to schedule a public hearing for
a potential amendment to the height requirements as illustrated in Figure 20.74 (a) of BMC Title 20,
Land Use (Zoning Code). Proposed for consideration are two motions - 1) Maintaining the existing
heights or 2) Proposed ordinance to amend the zoning code heights in the Highland/Pleasant district.
He provided a presentation on what proposed projects may look like based on a 60 foot height limit
and was confident that design guidelines would be applied to whatever height that Council may
approve.
Helen Miller asked for clarification on what part of the building may be included in the 60 foot height
limit; and expressed concerns over safety and traffic issues which she believed have not been studied
enough.
Eliot GreQQ read a letter on behalf of Scott Bosch, which offered support of private investment in the
downtown area that would ultimately benefit the local economy and Harrison Medical Center by
increasing the potential recruitment and retention of qualified health care professionals to work at
Harrison Medical Center.
Tim Waibel of SIMON AUGUST, was supportive of the 60-foot height limit since it would bring population
growth downtown and that would ultimately benefit the economy.
Silvia Klatman of the Chamber of Commerce believed that potential projects would allow for more
density in the downtown core and would make parking available in an underground setting which is
more aesthetically pleasing, and encouraged the Council to support 60-foot height limit.
Ed Wolfe did not see how parking would improve in the Highland neighborhood if the height limits were
approved; and was pleased that there may be an opportunity for underground parking which would
help residents.
VirQinia Starr representing a group of homeowners from Highland and Pleasant neighborhoods, and
read a letter that was provided to Council Members; and expressed concerns over parking, destruction
of the neighborhood, and losing eagle habitat if proposed projects near the water were to proceed.
City Council Reg. Mtg. Minutes
Wednesday, June 7,2006
Page 4 of 7
Brett Warner asked Council to consider the Urban Growth Act and bringing the population density to
the downtown core where it belongs; and believed that the projects may not be able to proceed without
a 60 foot limit; and was concerned that a Council Member lives next door to a proposed project and
believed that Council Member may want to reconsider voting on this issue given that conflict.
Elliot GreQQ CEO of KITSAP CREDIT UNION, supported the proposed height limit and hoped that
Council will consider all of the information before making its decision.
Art Castle of the HOMEBUILDERS ASSOCIATION, hoped that the Council would reaffirm the goals outlined
in the Comprehensive Plan that they passed last fall, and send a clear message to the community and
to private investors.
Tim Arnold represented several property owners in the downtown area including the Washington
Mutual Bank building, emphasized that without residential density the redevelopment in downtown will
not be possible.
Commissioner Patty Lent, and Chair of the Kitsap Consolidated Housing Authority (KCCHA) believed
that extending a moratorium would send a negative message to investors; and urged Council to
support building heights at 60 feet so that development could utilize underground parking.
Mike Eliason of Kitsap County Association of Realtors, asked if the moratorium were challenged
would it be upheld in court; believed that Council Member Priest should not recuse herself from voting
and representing her constituents in this matter, since she would not receive any financial gain from
increasing building heights.
Steve Priest asked Council Members to consider balancing new development with protecting historic
buildings; and emphasized that the decision they are about to make will impact the community.
Wes Larson does not believe that height would necessarily mean that a building would be unattractive;
and hoped that further discussions on design guidelines would bring about projects that would enhance
the community.
Annie Barrus believed that there other areas that these large projects could be built while preserving
the character of Highland/Pleasant neighborhoods.
Jason Troxel supported building heights and density in the downtown core.
Rachel ZeiCller implored Council to consider keeping heights down so that her neighborhood would not
be displaced by condominiums; and emphasized that density can be accomplished without height.
Pastor Dennis Payne expressed concerns over availability of parking and affordable housing, as well
as the cost of revitalization to the community.
Mr. HUQO responded to several concerns expressed by citizens. 1) The height of a building is
measured as 60 feet to the highest point on the building. Extra features such as chimneys or elevator
shafts may cause the overall building height to be higher. 2) Projects are looked at on a case by case
basis to address parking and safety issues.
6:55:02 Main Motion was made and discussion continued...
Mr. Shepherd mentioned that the previous heights were set at 120-feet prior to adoption of the
Comprehensive Plan and Zoning Code which were updated last year. Mr. HuClo responded that 120-
feet was listed in the zoning code for some time prior to that.
City Council Reg. Mtg. Minutes
Wednesday, June 7, 2006
Page 5 of 7
Mrs. Priest believed that the proposed projects do not fit in with the neighborhood's character nor
could accommodate growing parking needs and increased traffic; pointed out that several homes could
qualify for the historic register; and emphasized that a sub-area plan should be developed which
would include discussion on all of these important issues; recommended a compromise between
developers and homeowners by establishing a building height limit of 50 feet.
Adam Brockus asked for clarification on density levels based on the proposed height limits.
Wes Larson responded that at 60 feet height limit, the project would be 5 stories and would include
underground parking whereas with a 50 feet height limit, the density could not be achieved and would
not allow underground parking. The ideal density would be about 100 units. Mr. HUQO added that the
difference in height would not result in additional stories.
Mr. Maupin supported a 60 foot height limit; and commented that in order for revitalization to occur,
people are needed to live and support businesses in the downtown area which will ultimately improve
tourism as well.
Ms. Arends recalled the Queen Anne neighborhood in Seattle which has a wide range of housing
types and believed Bremerton can accomplish a similar setting by maintaining 60 foot height.
Mr. GehrinQ asked for clarification on how many units could be built based on the proposed heights.
Mr. HUQO responded that given 60 foot height limit, that would mean there would be 20 units per story
or 100 units at 5 stories per acre. At 50 foot height limit, there would be fewer units.
Ms. Robinson would like to encourage growth and agreed with Ms. Priest's comments that there
should be a sub-area plan developed for the Highland/Pleasant neighborhoods.
Mr. Brockus emphasized that the downtown area is ready for growth and more business.
7:25:26 M/S/C (Maupin/Arends) Move to retain the heights as illustrated in Figure 20.74 (a) of BMC
Title 20 Land Use with no changes to the Highland /Pleasant district. (60 Foot Maximum)
Voted in favor of the Motion: Robinson, Arends, Maupin, Wofford, McConnell
Voted opposed to the Motion: Gehring, Brockus, Priest, Shepherd
Motion carried: 5-Yes; 4-No
Council recessed to allow for a taping break and to allow the chambers to clear at 7:26 P.M. Council
reconvened at 7:39 P.M.
Council Member Mike Shepherd left the meeting at 7:48 P.M. and did not return.
7D - PUBLIC HEARING AND RESOLUTION NO. 2994 TO APPROVE THE HIGHLAND
AVENUE/PLEASANT AVENUE DESIGN GUIDELINES (#AB06-084): Chris HUClO, Community
Development Director explained that the City Council approved a new Zoning Code on November 30,
2005, and by separate motion set the height limit for the Highland and Pleasant Avenues residential
area at 60 feet with a concurrent moratorium on new development over 40 feet in order to draft design
guidelines for new, larger residential projects. After a complete public improvement process, the
Planning Commission voted unanimously on March 21 sl to recommend the guidelines to the Council for
adoption. He provided examples of acceptable building elements from other communities to
demonstrate possible structures that could be built under the proposed guidelines.
Jason Troxel asked if these guidelines would apply to multi-tenant units over 40 feet. Mr. HUQo
answered that these guidelines would apply to new housing that consists of 4 or more attached
dwellings.
City Council Reg. Mtg. Minutes
Wednesday, June 7,2006
Page 6 of 7
Mr. Troxel asked if additional guest parking for residents will be addressed. Mr. HUQO stated that any
items not provided in the design guidelines would be addressed by the zoning code.
John Ales asked if these guidelines are "discretionary" how can the guidelines be enforced; and
suggested; and also asked if a design review board could be established. Mr. HUQO emphasized that
anyone who submits a building proposal will be subject to these guidelines and that by "discretionary" it
means that the City will be working with developers to apply the guidelines as much as possible;
encouraged Council to either allow staff to review design issues, or to direct them to set up a design
review board which may change or complicate the process.
Mr. Troxel asked what appeal process would be in place to address projects. Mr. HUQO explained that
appeals may go the Hearing Examiner.
08:02:40 Main motion was made and discussion continued...
Due to the introduction of amendments, President McConnell re-opened the public hearing to the
public.
Mr. Troxel asked whether or not screening or parapet for mechanical would affect overall height. Mrs.
Priest answered that her understanding was the screening would not affect overall height.
Brett Warner liked the suggestions offered by Mrs. Priest and encouraged Council to move forward.
Mr. Lubovich advised that the Community Development Director come up with a proposal for the
advisory committee and vote on that proposal at an upcoming meeting. Mr. HUQO did not oppose the
idea of forming a review board; and emphasized that an advisory committee would require additional
staff time and resources.
Mr. GehrinQ asked if the amendment would affect building height. Mr. HUQO clarified that if the height
measured to the roof includes mechanical, then the height would not be affected. However, if the
mechanical element were not included, there would be less building height available.
Mrs. Priest believed that the mechanical should be concealed in a residential neighborhood.
Mr. HUQO planned on finding examples of effective screening techniques to present to Council in the
next 30 days.
8:18:36 Amending Motion - M/S/W (Priest/Brockus) All rooftop mechanical shall be screened by
either a high parapet or a stepped or sloped roof form that is part of the architecture of the building and
as least as high as the equipment being screened.
8:20:29 Amending Motion - M/S/C/U (Priest/Maupin) All rooftop mechanical shall be screened in an
architecturally significant manner as consistent with the overall design of the building.
Mr. Wofford asked if a committee would be formed for each sub-area or would the committee cover
projects city-wide. Mrs. Priest indicated that the committee could have citizen representatives from
the City to review projects which would result in improved feedback. Mr. Lubovich advised that
forming a committee may not possible at this time and recommended that staff be allowed time to
review this proposal.
8:21 :47 Amending Motion - M/S/W (Priest/Robinson) Move to establish a design review committee.
8:25:10 Amending Motion - M/S/C/U (Priest/Robinson) Direct the DCD Director to come up with
options for establishing a Design Review Committee within 60 days.
City Council Reg. Mtg. Minutes
Wednesday, June 7,2006
Page 7 of 7
8:25:45 Main Motion - M/S/C/U (Maupin/Arends) Move to pass Resolution No. 2994 to approve the
Highland Avenue/Pleasant Avenue Design Guidelines as recommended by the Planning Commission.
7 E PUBLIC HE^RING .J\ND RESOLUTION NO. 2998. CONTINUING THE MORJ\TORIUM
ENACTED NOVEMBER 30. 2005: .J\ND CONTINUED BY RESOLUTION NOS. 2987 I\ND 2991. ON
PERMITS FOR DEVELOPMENT OVER 40 FEET HIGH IN THE HIGHL^ND/PLEASJ\NT AVENUES
DISTRICT (1tAB06 120): Item was pulled from the agenda due to passage of Item 70.
COUNCIL MEMBER REPORTS
Ms. Priest encouraged people to view Bremerton High School art projects posted on 11 th Street
between Warren and Park Avenues.
Mr. Brockus stated that downtown is ready for building.
Mr. GehrinQ thanked Cris Larson for his involvement in the Armed Forces Festival.
Mr. McConnell was pleased with the art displays mentioned by Ms. Priest.
With no further business, President McConnell adjourned the regular business meeting of the City
Council at 8:28 PM.
Prepared and Submitted by:
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CHRISTINE GRENIER
Council Assistant
Attest:
PA
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