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TAPES #1748 & #1749 UNAPPROVED DRAFT
FEB 1,3 t00t
CITY COUNCIL MEETING MINUTES
January 24, 2001
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4TM Street, Bremerton, Washington, Wednesday, January 24, 2001, at 5:30
P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad
Esser, Carol Arends, David Farr, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen.
Aisc present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and
Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McOonnell, followed
by the invocation given by Retired Paster G.T. Johnson formerly of Brownsville United Methodist
Church.
President Law made the following announcements:
1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; and
2) Item 3A - "Minutes of Meeting for January 17, 200'/" would be pulled from the Agenda tonight.
CONSENT AGENDA - There were no Consent Agenda items tonight.
CLAIMS/CHECK 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.
#0100 M/SIC (Esser/Arends) On danuary 24, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 248632 and 248647 through 248834 in
the amount of $707,400.31; and Regular Payroll for the period ending January 15, 2001 in the
amount of $826,905.76. It was requested that in the future, the "Claims & Check Registers" were to
be provided a day ahead, providing additional time for adequate review by Council members.
Vote in favor of this motion: Olsen, Rollman, Shepherd, Fart, Arends, Esser, Reed, and Law
Abstained: McConnell
Motion carried: 8-Yes; and l-Abstention
COUNCIL MEMBER REPORTS
Wayne Olsen provided a brief update on the construction project on Lebo Blvd.
Ed RoIIman commented on the well attended Kitsap County Historical Society meeting held in the
Council Chambers last Saturday.
Mike She_mherd briefly reported on the District 5 meeting held last Thursday; and a discussion
session on the Endangered Species Act in which he participated.
David Farr reported that Districts 6 and 7 would be holding a joint District meeting in February to
discuss the proposed "Bremerton/Kitsap County Regional Government Center".
Carol Arends discussed several committees of which she is a member and commented that
transportation issues will be discussed at those committee meetings.
TAPES #1748 & #1749
City Council Reg. Mtg. Minutes
January 24, 2001
Page 2 of 6
MAYOR'S REPORT
Mayor Horton discussed the energy shortage, and stressed that we all need to do our part to
conserve energy. It was also reported that several electric companies being priced out in California
are now considering relocating the Pacific Northwest.
INFORMATION ITEM- Rob Schniedler. President of the Sinclair Landing Association; and Richard
Hayes, Executive Director of Kitsap Transit, provided a brief report on the Purchase & Sale
Agreement and quitclaim deed for the conveyance of a Navy parcel to the City for expansion of State
Route 304 at the ferry terminal.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Don Larson, President of the Kitsap Diving Association, encouraged the Council to plant more trees'
in the City, and suggested that a local Boy Scout group could provide assistance.
Steven Smith discussed the potential of Bremerton, and encouraged the local people to "discover
our own City" rather than waiting for someone else "to discover us".
9A - PURCHASE EQUIPMENT FOR EASTSIDE CSO TREATMENT FACILITY (#AB01-021): John
Pop_oe, Wastewater Division Manager, reported that one 1 bid was received from U.S. Filter and
Kruger for the high rate clarification system necessary to the East Bremerton Combined Sewer
Overflow Treatment Plant. The bid was opened on January 18, 2001 and the bid was in the amount
of 996,840.00 including applicable sales tax. Additional purchases would be provided in the coming
months. It was confirmed that the City has purchased pumps and mechanical equipment from U.S.
Filter and Kruger in the past. Also, it was emphasized that implementation of this system would allow
the City to exceed water quality compliance standards as well as prepare the City for any additional
standards that may be set in the future.
There were no comments from the public
Mr. Olsen stepped out of the meeting at approximately 6:12 P.M. and returned at 6:15 P.M.
#1260 M/S/C/U (Farr/Arends) Move to approve the bid award for the High Rate Clarification System
to U.S. Filter and Kruger in the amount of $996,840.00 including tax, and authorize the Mayor to
execute a procurement contract in accordance with City policies and procedures.
10A - ORDINANCE NO. 4751 (SECOND READING) AUTHORIZING THE ISSUE OF A $1.250.000
TAX ANTICIPATION NOTE AND ACCEPTING THE PURCHASE OFFER OF BANK OF AMERICA
(#AB01-019): The first reading of the ordinance was heard at the Council meeting on January 17,
2001. Treasurer Rich Hanna. reiterated that the General Fund would operate in a deficit cash
position at certain times of the year. The Tax Anticipation Note (TAN) is the most economical way of
financing this cash flow need. He provided the final version Ordinance 4751 and the Tax Anticipation
Note, as well as the up to date offer of Bank of America.
There were no comments from the public.
#1415 M/S/C/U (Arends/Farr) Move to pass Ordinance No. 4751 on second reading authorizing the
issue of a Tax Anticipation Note; and accepting the offer of Bank of America.
Assistant City Attorney David St. Pierre replaced Special Counsel Glenna Malanca to advise the City
Council on the remainder of the Agenda.
TAPES #1748 & #1749
City Council Reg. Mtg. Minutes
January 24, 2001
Page 3 of 6
10B - PUBLIC HEARING & ORDINANCE (FIRST READING) FOR RIGHT-OF-WAY STREET
VACATION FOR ALLEY BETVVEEN PLEASANT AVENUE AND HIGHLAND, NORTH OF 11TM
STREET PLACE (#AB01-022): Jeff Shea, Senior Engineer, mentioned that Louis A. Cobb has
petitioned the vacate the north 35 feet of the alley north of 11th Street Place between Pleasant
Avenue and Highland Avenue. A hearing date was set by City Council for January 24, 2001 at the
meeting held on December 27, 2000. This right-of-way consists of a portion of undeveloped right-of-
way that is not needed for public use. The vacation is being requested by the abutting property owner
to improve the property. Posting of the hearing notices and mailings to the adjacent property owners
have been completed in accordance with State law and Bremerton Municipal Code.
Mr. Farr excused himself due to his involvement in the sale of this property. He noted that Mr. Cobb
has tremendously improved the location.
There were no comments from the public.
#1605 M/S/C/U (Shepherd/Rollman) Move to approve ordinance, vacating the north 35 feet of the
alley north of 11th Street Place between Pleasant Avenue and Highland Avenue, on first reading.
10C - PUBLIC HEARING & ORDINANCE (FIRST READING) FOR RIGHT-OF-WAY STREET
VACATION FOR 15TM STREET BE'I'VVEEN BROADWAY & WARREN AVENUE (#AB01-023): Jeff
Shea, Senior Engineer, reiterated that Olympic College is the originator of this vacation request. The
right-of-way includes a two-lane improved right-of-way with sidewalk on the north side. No other
property owners abut this portion of the right-of-way. The connection to Warren Avenue has been
blocked due to traffic conflicts on Warren Avenue. The roadway served for parking and access to
local residences that are to be removed when the applicant redevelops the properties. The vacation
is being requested by Olympic College to consolidate their property for a campus redevelopment siteJ
A hearing date of January 24, 2001 was set by City Council on December 27, 2000. Also, on
December 27, 2000 the City Council denied a request by Olympic College for waiver of compensation
in the amount of $13,450.15. As of this date, Olympic College has not submitted the required
compensation to the City. Although City Staff recommends approval on first reading, if compensation
is not received prior to second reading, staff does not recommend passage of the ordinance at this
time. Posting of the hearing notices and mailings to the adjacent property owners have been
completed in accordance with State law and Bremerton Municipal Code.
Karl Jonietz, President of Olympic College, asked the Council to reconsider the waiver of
compensation. Chad Harrison student at Olympic College; and David Roman, Associated Student
President, provided comments in support of this request.
Elizabeth Buell, Don Lar$on, and Tom McDonald provided additional comments in support.
Steven Smith wanted to know how many of the students who attend Olympic College, commute from
outside of Bremerton. Mr. Jonietz clarified that Olympic College serves all of Kitsap County, and
reiterated that this proposal would benefit the City.
Philli_~ Lane, Vice President of Olympic College, as well as Mr. Jonietz, provided additional
information to support the request for waiver. Mr. Reed and Mr. Esser asked for additional
information, and Mr. Jonietz responded that following a comparative analysis of community college
parking availability within Washington state, it was determined that even after parking improvements,
Olympic College would still have a 300-400 parking spaces short-fall.
TAPES #1748 & #1749
City Council Reg. Mtg. Minutes
January 24, 2001
Page 4 of 6
#$077 M/S/C/U (FarflOIsen) Move to adopt ordinance on first reading, vacating a portion of 15th
Street located west of Warren Avenue and east of Broadway Avenue; and granting the waiver
requested by Olympic College in the amount $13,450.15.
10D - PUBLIC HEARING & ORDINANCE (FIRST READING) FOR RIGHT-OF-WAY STREET
VACATION FOR CHESTER AVENUE NORTH OF 13TM STREET (#AB01-024): Jeff Shea, Senior
Engineer, paraphrased that the right-of-way consists of a two-lane improved roadway with sidewalk
on the west side. No other properties abut this portion of the right-of-way. The vacation will eliminate
a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. A
portion of the proposed area has been maintained as landscaping and the adjacent property owners
have used a portion as gravel shoulder parking. This vacation is also requested by Olympic College
to improve the property for redevelopment. A hearing date of January 24, 2001 was set by City
Council on December 27, 2000. Posting of hearing notices and mailing to the adjacent property
owners have been completed in accordance with State law and Bremerton Municipal Code.
Elizabeth Buell and DQn Larson provided positive comments regarding the landscaping of Olympic
College, and asked the City to follow their example.
Mr. Farr proposed to waive the fee for this item also, if it would assist Olympic College in reducing the
debt service on the proposed parking lot. Mr. Jonietz replied that it definitely would, and thanked the
Council for the offer.
#3470 M/S/C/U (Farr/Arends) Move to adopt ordinance on first reading, vacating a portion of Chester
Avenue, located north of 13th Street; and added a waiver for the fee in the amount of $16,206.77.
TAPE #1749
llA- PUBLIC HEARING & RESOLUTION NO. 2796 TO SET PUBLIC HEARING DATE OF
FEBRUARY 21sT FOR RIGHT-OF-WAY STREET VACATION OF ALLEY BETVVEEN 6TM & NAVAL
AVENUE (#AB01-025): Jeff Shea, Senior Engineer, reported that S.E. Grainger Development Group
has petitioned the City to vacate the alley located between Naval and Roosevelt Avenues, and
between 6~h and 7~ Streets. This right-of-way consists of a paved alley that abuts the applicant's
properties and is utilized as access to those properties. The intent of the vacation is develop the site
for construction of a new retail outlet using the entire block. The City Council is requested to
establish a hearing date of February 21, 2001, to consider the proposed vacation.
Martin Peterson, of Grainger Development Group, summarized that the alley vacation would clear
the way for construction of a Sav-On store. He added that the Grainger Development Group is in the
process of purchasing the entire city block with the intent to redevelop that area.
Tom McDonald. Naval Avenue Business Owner, pointed out that the area between Naval and
Wycoff Avenues is becoming the business hub of the City because merchants have been involved in
the improvement process. He supported the street vacation and the plans of Grainger Development
Group to improve the City.
Mr. Esser asked if there were any plans or negotiations made to move the Washington State Liquor
Store located on Naval Avenue. Mr, Pe~erson responded that an agreement with the State was
reached and that agreement includes plans to move the store a block away to the south.
TAPES #1748 & #1749
City Council Reg. Mtg. Minutes
January 24, 2001
Page 5 of 6
#0311 M/S/C/U (Arends/Olsen) Move to pass Resolution No. 2796, setting Public Hearing date of
February 21, 2001 to propose the right-of-way vacation of the alley located between Naval and
Roosevelt Avenues, and between 6th & 7th Streets.
12A - PUBLIC HEARING AND APPEAL OF DETERMINATION OF NON-SIGNIFICANCE, NANCE
WESLON PLACE PLAN AMENDMENT (#AB01-0~6):
Council President Law stated that all Council members should give consideration as to whether
they have 1) a demonstrated bias or prejudice for or against any party to the proceedings; 2) a
director or indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue
prior to hearing the facts on the record; or 4) ex parte contact with any individual, excluding
administrative staff, with regard to an issue prior to the hearing. If any Council member should
answer in the affirmative, then the Council member should state the reason for their answer at this
time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of
Fairness Doctrine or a Conflict of Interest exists. Each of the Council members admitted to having
previous conversations with Mrs. Miller on non-related issues, and Mr. Farr, Mr. Reed, and Mr. Esser
admitted to having previous contact with Mr. Nance. However, each of the Council members stated
that they could hear this issue tonight without prejudice. All Council members remained seated.
David St. Pierre addressed the issue of relevant testimony to be presented tonight, which must be
limited to the relevance of the DNA.
Clyde Stricklin of City Building & Planning Department, summarized that the City received an
application for a comprehensive plan amendment from Roger Nance and Victor Target. An
Environmental Checklist in the format required by Washington Administrative Code (WAC) as
adopted by the Bremerton Municipal Code (BMC) was reviewed by the City staff and a Determination
of Non-Significance (DNS) issued by the Director of the Bremerton Planning Department on 12/11/00
(see exhibits 2 and 3 of the Council packet). The Planning Department authorizes one open record
appeal to the City Council of a Determination of Non-Significance, which is a Type II Administrative
Decision. An appeal was filed in a timely manner by Paul Scheyer and Helen Miller (see exhibit 4 of
the Council packet). The Comprehensive Plan Amendment application itself is being considered by
the Planning Commission with other Comprehensive Plan Amendment applications, and is not the
subject of this appeal.
An Appeal was filed of the Determination of Non-significance for the Victor Target and Roger Nance
Plan Amendment application for Weslon Place. On the City form, the appellant alleges that the
Determination of Non-significance is invalid because:
1) There is a "SEPA timing problem";
2) "Lack of process per Critical Land Ordinance";
3) "Lack of Stormwater review per City Storm Water Ordinance and Department of Ecology (DOE)
requirements";
4) "Failure to evaluate cumulative impact on the remaining single family residents of Weslon Place";
5) "Lack of SEPA review for Boundary Line Adjustments"; and
6) "Lack of compliance with Bremerton Municipal Code (BMC) 21.0-2.845 (b)".
TAPES #1748 & #1749
City Council Reg. Mtg. Minutes
January 24, 2001
Page 6 of 6
Appellants also indicate their belief that "Boundary tine adjustments are not SEPA Exempt". No other
written statements or documentation were submitted with the appeal. The appeal was filed in a timely
manner. The applicants relief sought is "Reprocess application in conformance with all existing
regulations giving due and proper consideration to the requirements for an environmental impact
statement".
Helen Miller read a statement for the record that itemized the following concerns 1) the appeal
process was problematic; 2) discrepancies besides proper notice have not been addressed; 3) the
business before the Council is confusing and incorrect in terms of what party is considered the
appellant; and 4) at issue is not the appeal of the DNS of the Comprehensive Plan Amendment but
rather what is at issue is the DNS of the Rezone.
Mr. St. Pierre indicated the DNS was the only order issued in December and that DNS can only be
applied to this particular appeal. He added that Mrs. Miller has the right to make her arguments if the
DNS is inappropriate or if the DNS were issued inappropriately.
Mr. Reed recommended that clarification of appeals be made on the application by requesting
appellants to list appeals or file separate applications for each appeal to avoid confusion.
Mr. Stricklin stated that there are additional opportunities for public appeal on the SEPA as well as
the DNS.
#1869 M/S/C/U (Reed/Olsen) Move that the appeal of the DNS issued by the Director of Bremerton
Planning Department (BPD) for NanceNVeslon Place Comprehensive Plan Amendments application
be denied and the attached Findings of Fact conclusions of law and order be adopted.
With no further business, meeting concluded at 8:20 P.M.
Prep~!'ed and Submitted/~,,¥:
L~R['~-MITH, Legislative ASsistant
P~I~,~ JOH-N§T~N;[~e~t~ City Clerk
~.~OFIN LAW, City Council President
City of Bremerton
JL/P JIIs/cge
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