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HomeMy WebLinkAbout08/03/05 CITY COUNCIL MEETING MINUTES ... ARWJ -'3 I zns DIGITAL RECORDING VVednesday,August3,2005 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, August 3, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Carol Arends, Dianne Robinson, Cecil McConnell, and Brad Gehring. Council Members VVendy Priest, Mike Shepherd, and VVill Maupin were absent. Also present were Assistant City Attorney Ken Bagwell, City Clerk Paula Johnston, and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Council Member Carol Arends. President NYQren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M. MAYOR'S REPORT . The Bremerton Lion's Club introduced the Exchange Students from Kure, Japan and President NYQren welcomed the students to the City of Bremerton and thanked all those who are involved in the program. . Bob Tulp of Public VVorks & Utilities presented t-shirts to the Council Members on behalf of the VVorld Changers Program, which made improvements to many homes and garages this year. PUBLIC SERVICE ANNOUNCEMENTS President NYQren announced that Carolyn Roberts will be acting as a sign language interpreter for tonight's Council Meeting. Carolyn Roberts announced on behalf of Dean Roberts that the 2nd Annual Grateful Dead Celebration will be held on August 13thfrom11 :00 A.M. to 10:00 P.M. at Cafe Destino. CONSENT AGENDA A. Check Numbers 301648 through 301780; EFT-8483 through EFT-8500 in the amount of $474,773.73; and Regular Payroll for the pay period ending July 31,2005 in the amount of $664,313.93 (#AB05-169) B. Contract Amendment to extend the BKAT Service Agreement with Kitsap County (#AB05-170) C. Extension of Banking Services Agreement with BANK OF AMERICA (#AB05-171) D. Professional Services Agreement with REINO ENFORCEMENT TECHNOLOGY for Computer Programming and Support for Parking Ticket Administration (#AB05-172) 5:45:00 M/S/C/U (McConnell/Arends) Move to approve the Consent Agenda as presented. PUBLIC HEARINGS 6A - RESOLUTION NO. 2973 REAFFIRMING AND RATIFYING RESOLUTION NO. 2971 APPROVING BOUNDARY LINE ADJUSTMENT: AND AUTHORIZING QUIT CLAIM DEEDS TO PROPERTY OWNERS ADJACENT TO CITY PROPERTY (CAPITAL HILL FIRE STATION AND FOREST RIDGE PARK) (#AB05-173): Ken Mickelson, Parks & Recreation Director explained that the City approved Resolution No. 2971 approving boundary line adjustment and authorizing quit claim deeds to property owners adjacent to City property on July 6, 2005. Pursuant to BMC 13.12.020, following submission of a report recommending the sale by the Parks and Recreation Board, two public hearings and unanimous approval by City Council is required, in order to sell portions of the subject property. Proceeds from the sale of the park property will be placed in the Contingency Fund City Council Reg. Mtg. Minutes VVednesday,August3,2005 Page 2 of 6 and designated for Parks & Recreation purposes. Public hearings are scheduled for August 3, 2005 and the date of the second hearing is to be determined. No action is required tonight. There were no comments from the public. Mr. McConnell asked if any funds would be used to expand parks property. Mr. Mickelson responded yes, but that funds would be used for capital purposes only. President NYQren reiterated that no action would be taken tonight on this item. 6B - ORDINANCE NO. 4941 ADOPTING AMENDMENTS TO BREMERTON MUNICIPAL CODE (BMC) CHAPTER 21.02 RELATING TO THE ZONING CODE (#AB05-174): Chris HUQo, Community Development Director, pointed out that the proposed ordinance enacts the third of five "packages" of new sections of the zoning code to implement the 2004 Comprehensive Plan. The proposed new BMC chapters include six new zoning classifications for residential, business, and marine industrial zones and a Master Development Zone to implement special planning districts. The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act. Elizabeth Scott, Homebuilders Association, expressed concerns over a proposed landscaping strip, obscuring wall, and building height. She offered alternatives which included raising the maximum building height to 35 feet, and amending the obscuring wall requirement to include the use of a vegetative wall. Helen Miller suggested that parking regulations not be relaxed because both residents and businesses need parking that is readily available. President NYQren responded that there will be other opportunities to comment on the parking element of the zoning code. Mike Eliason, Government Affairs Director for the Kitsap County Association of Realtors, also expressed concerns over building heights, and marketability of property if the 6 foot wall requirement were implemented. Mr. McConnell asked for clarification on the trail concept. Mr. HUQO responded that if centers are not connected, adding a trail would make the individual centers and the downtown core more accessible to each other. Mr. Short wanted to know if a response would be given to citizens who expressed concerns over this proposed zoning code package. President NYQren asked that citizens provide their concerns in writing to staff. Mr. HUQo indicated that staff could meet with the interested parties to discuss alternatives that would alleviate their concerns. President NYQren mentioned that geography varies center to center and building height limits could be raised accordingly. Mr. HUQO responded that there would be additional dialogue with the neighborhoods to make adjustments to height limitations as needed. Mr. McConnell asked for clarification on co-location of cellular towers. Mr. HUQO answered that co- location means that applicants wanting to develop new telecommunications projects are encouraged to locate on an existing tower rather than build on a new site. Mr. McConnell asked for clarification on numbering of code chapters. Matt KeoQh, Community Development responded that when the current code is amended, eventually there will be a new numbering system for the new code. In the interim, both sets of numbers are being mentioned. City Council Reg. Mtg. Minutes VVednesday,August3,2005 Page 3 of 6 Mr. GehrinQ was concerned that with the 5-foot buffer zone being proposed, residents may lose buildable commercial space on a lot and that this option is not business friendly. Mr. HUQO answered that this buffer requirement is already in place in the current code and that to compensate for the loss, front yard setbacks will be reduced accordingly so more space will be available. Mr. GehrinQ also expressed concerns over potential reductions in parking for businesses. Mr. HUQO stated that the building would be closer to the street and parking would be located in the rear, and that would make the business more pedestrian friendly and would have more parking at the same time. Mr. McConnell asked for clarification on fencing and walls. Mr. HUQO stated that solid walls were considered an option because that would be more effective in addressing noise issues, whereas a vegetative wall or plants may block light but not noise. He added that other alternatives will be considered. 6:22:00 M/S/C (Arends/Robinson) Move to pass Ordinance No. 4941 adopting amendments to BMC Title 20, adding new chapters 20.78, 20.80,20.82,20.84,20.86,20.88 related to zoning. Voted in favor of Motion: Robinson, Arends, Short, Nygren Voted opposed to Motion: McConnell, Gehring Motion carried; 4-Yes; 2-No 6C - ORDINANCE NO. 4942 ADOPTING AMENDMENTS TO BREMERTON MUNICIPAL CODE (BMC) CHAPTER 21.02 RELATING TO ALLOWANCE OF ATTACHED, ZERO LOT LINE, SINGLE UNIT DWELLINGS WITHIN THE RESIDENTIAL HIGH DENSITY (MR) ZONE (#AB05-175): Chris HUQo, Community Development Director, stated that the current provisions of the Residential High- Density (MR) zone allow only attached, zero-lot-line, single unit dwellings by a cumbersome and unnecessary Planned Unit Development process. This process inhibits the creation of owner- occupied, single-unit housing in this zone. One of the Council's goals is to increase owner- occupancy in the City. The proposed amendment allows attached, single-unit dwellings - developed as zero-lot-line structures - as an outright permitted use. The amendment also relieves the requirement to add the foregone side yard (at the zero-lot-line) to the other side of the lot, this increasing land use efficiency. President Nvaren opened the hearing to hear public comment. With no comments from the public, the Public Hearing was closed. Mr. Short believed that the proposed change in the ordinance would benefit a specific builder and was concerned that the code might be changed ona project by project basis. Mr. HUQO stated that this particular change would actually apply to other sites and provided several examples. Ms. Arends commented that this change would encourage owner occupancy and offered her support. Mr. McConnell asked for clarification on the types of buildings being discussed. Mr. HUQO summarized that the proposal would allow for 2 homes on 2 lots rather than a duplex on a single lot to encourage higher occupancy and home ownership, and discourage renting out units. Mr. GehrinQ asked if the common wall buildings would meet density requirements. Mr. HUQO answered yes. Ms. Robinson asked if the units on 1 ih and Park Avenues are the same as the duplexes being discussed. Mr. HUQo stated that those homes are multifamily units and can not be sold separately. City Council Reg. Mtg. Minutes VVednesday,August3,2005 Page 4 of 6 Ms. Arends clarified that these units are really more like townhouses which may include 2 units per structure. Mr. HUQO added that each project is unique, and that a project may have a few connected units are several connected units with the lot size varying accordingly. Mr. NYQren emphasized that the proposed changes would benefit numerous properties and would help achieve the goals of administration and Council by increasing opportunities for home ownership. 6:49:00 M/S/C (Arends/Robinson)Move to pass Ordinance No. 4942 approving amendment to BMC 21.02 Figure 140 to allow attached, zero-lot-line, single-unit dwellings within the MR Zone as a permitted use and to reduce associated side yard requirements by deleting Section 21.02, Figure 130, Footnote 3. Voted in favor of Motion: Robinson, Arends, Gehring, Nygren Voted opposed to Motion: Short, McConnell Motion carried: 4-Yes; 2-No 6D - ORDINANCE NO. 4943 AMENDING BREMERTON MUNICIPAL CODE (BMC) CHAPTER 21.02.670 (C) TO ADD A PARKING EXEMPTION WITHIN NEIGHBORHOOD BUSINESS (NB) ZONES IN DESIGNATED CENTERS (#AB05-176): Chris HUQo, Community Development Director, explained that new use or occupancy of existing commercial buildings within Neighborhood Centers as designated in the City Comprehensive Plan may be precluded by current parking regulations. It is desirable to extend the economic life of good buildings that provide venues for land uses that are promoted in the Plan, particularly those uses that contribute to the realization of a neighborhood- serving, mixed-use center. A limited parking exemption of up to 10 spaces will provide opportunity for new occupancy of existing buildings only in those Neighborhood Business (NB) Zones that lie within designated Neighborhood Centers. A similar exemption was passed last year for existing buildings in the Downtown DVV and DC Zones. Lowell & Heidi Yoxsimer read a statement for the record; and asked the Council to support the parking exemption which would ultimately encourage customers to visit their new cafe and for future businesses that may locate in Bremerton. Mr. Short asked for clarification on what would be allowed for expansion of a building. Mr. HUQO emphasized that there is no intent to allow expansion or increased occupant load, but there may be an increase square footage available within the building. Ms. Robinson offered her support for the proposed changes and recognized the hard work the Yoxsimers have put into their business. Mr. McConnell asked for clarification on parking availability. Mr. HUQO responded that the language lays out that a business can not create a non-conforming situation which would result a reduction in parking spaces. Mr. NYQren pointed out that currently buildings are underused without parking regulations in place and that this change would allow use of vacant buildings because the parking issue will have been addressed. Mr. Gehrina excused himself from the vote due to a personal conflict. 7:06:00 M/S/C/U (Robinson/Arends) Move to pass Ordinance No. 4943 approving an amendment to Bremerton Municipal Code Section 21.02.670(C) to exempt up to 10 parking spaces for existing buildings within Neighborhood Business Zones in designated Centers. City Council Reg. Mtg. Minutes VVednesday,August3,2005 Page 5 of 6 Voted in favor of Motion: Arends, Short, McConnell, Robinson, Nygren Motion carried. GENERAL BUSINESS 7 A - AIR RIGHTS EASEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY CONDSOLlDATED HOUSING AUTHORITY (#AB05-177): ROQer Lubovich, City Attorney, summarized that the Kitsap County Consolidated Housing Authority (KCCHA) will begin construction on the Harborside Condominium Phase I project in the near future. Use of the airspace above VVashington Avenue and 4th Street is required by KCCHA for construction, operation, ownership, and maintenance of the project. The proposed Air Rights Easement Agreement grants KCCHA use of certain air space above approximately 170 feet of VVashington Avenue and 51 feet of 4th Street. There were no comments from the public. Mr. Short thanked Gary Sexton, Community Development staff, and the Legal Department for the work they have done on developing this agreement; and asked for clarification on what the agreement accomplishes. Mr. Sexton responded that this agreement will address utility issues and that eventually the easement would be changed into a vacation and that will allow the condominium projects to proceed. 7:14:00 M/S/C/U (Arends/McConnell) Move to approve the proposed Air Rights Easement Agreement and authorize the Mayor to execute the Agreement in substantially the same form as presented. 7B - RESOLUTION NO. 2974 ADOPTING THE 2006-2001 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP) (#AB05-178): Michael Mecham, City Engineer, explained that the Six- Year Transportation Improvement Plan is prepared pursuant to RCVV 35.77.010 and RCVV 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State, and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution, and will be submitted to the VVashington State Department of Transportation. Mr. Eliason was pleased with the balance of the projects being presented; and asked what percentage of the total Public VVorks budget is being used for capital projects. A response would be provided by staff at a later time.. . Mr. McConnell asked for clarification on the City's role in the projects. Mr. Mecham answered that the City of Bremerton is expected to be the lead agency on most projects. 7:18:00 M/S/C/U (Short/Arends) Move to approve Resolution No. 2974, which approves the City's 2006-2011 Six-Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. PUBLIC RECOGNITION Damon Ariel expressed concerns over safety and fire issues in the VVestpark area; hopes to have piles of garbage, grass and plant clippings, and thorny brush left on the sidewalks; also hopes that the merger of the housing authorities will finally get these issues addressed and that residents' concerns will be heard. President NYQren acknowledged an e-mail he received from Mr. Arial and assured him that he would be contacted when the merger issue was to be discussed. Mr. Eliason thanked Council for looking into concerns; hoped that the proposed zoning changes would make Bremerton a more green environment and to encourage flexible height requirements; and complimented Council Members Gehring and Arends for their re-election campaigns. City Council Reg. Mtg. Minutes VVednesday,August3,2005 Page 6 of 6 Ms. Scott clarified her concerns and would like to offer alternatives to concrete walls such as using arbor vitae for privacy and aesthetic purposes. COUNCIL MEMBER REPORTS Mike Short congratulated Council Members who will be running for re-election; and announced that BKA T will be taping a segment called "Kitsap Lake Safety" and that program will be aired on August 8 at 8:00 PM, August 11 at 11 :30 AM, August 15 at 8:00 PM, and August 18 at 11 :30 AM. Carol Arends enjoyed the 8th Annual National Night-Out Event last night at VVestpark and encouraged the public to attend next year. Dianne Robinson also congratulated Council Members on their re-election campaigns. Brad GehrinQ recognized VVill Chambers and Bob Tulp for their efforts towards this year's VVorld Changers program. VVith no further business, the meeting of the City Council was adjourned at 7:30 P.M. " CH ISTINE GRENIER Council Assistant DN/PJ/ls/cge