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T APE S #1793 ܂ UNAPPROVED DRAF"r APPROVED
OCT I 0
CITY COUNCIL MEETING MINUTES
September 19, 2001
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, 239 4t' Street, Bremerton, Washington, Wednesday, September 19, 2001, at 5:30 P.M., with
Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol
Arends, Eric Younger, Mike Shepherd, Cecil McConnell, and Wayne Olsen. Council member Ed
Rollman was absent. Also present were Interim City Attorney Greg Amann; Deputy City Clerk Paula
Johnston, and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Pastor Paul Meeker of Our Savior's Lutheran Church.
President Law made the following announcements:
1) A Pre-Council session was held to discuss general Council business; and
2) A letter addressed to George W. Bush, President of the United States was read into the record,
indicating the support of the City for any actions The President deems necessary after the terrorist
acts against the Nation.
CONSENT AGENDA
A. Minutes of Meeting - September 5, 2001 (#AB01-205)
#0055 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
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.
#0075 M/S/C/U (Reed/McConnell) On September 19, 2001, the Council does approve for payment
those vouchers included and further described as follows: Checks 256000 through 256195 in the amount
of $395,382.84.
COUNCIL MEMBER REPORTS
Wayne Olsen discussed the Exit Conference performed by the State Auditor on September 13, and was
happy to report that the City of Bremerton had a "clean slate". He also announced the Public Meeting to
discuss proposals for the SR303 Corridor Study on September 25, 2001.
Cecil McConnell also attended the Stakeholders meeting, and reiterated previous comments.
Mike She_oherd announced that the District 5 meeting will be tomorrow evening, September 20, 2001 to
be held at the Memorial Lutheran Church beginning at 6:30 P.M. with Mike Connolly to discuss Growth
Plans of Olympic College. He also encouraged citizens to attend the public meeting to discuss the
SR303 Corridor Study.
Eric Younger understood that the intent of the meetings was to discuss alternatives, but expressed his
opinion that it was important for citizens to attend and let their thoughts be known.
Carol Arends discussed the alternate routes for entering the Shipyard to help alleviate the backed-up
traffic caused by the tightened security at the entrance gates.
Jim Reed thanked citizens for their extra patriotism during this trying time.
John Law reported on the District 3 meeting held on Tuesday, and thanked those who attended.
TAPES #1793 & #1794
City Council Reg. Mtg. Minutes
September 19, 2001
Page 2 of 5
COUNCIL COMMITTEE REPORTS
Carol Arends discussed the Transportation Policy meeting she attended in Seattle yesterday.
MAYORS REPORT
Due to the absence of the Mayor, Council President John Law read a Proclamation on her behalf,
proclaiming October 2, 2001 as "Walk Our Children to School Da]/', which was accepted by Jackie
Fojtik, Youth Program Coordinator of the American Red Cross.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Don Larson thanked all of the volunteers for their efforts durin9 the Sinclair Inlet Clean-Up Event last
Saturday, September 15, and also thanked the sponsors for their participation.
Gordy Byrd thanked all those who donated funds to the American Red Cross for relief efforts.
10A- BID AWARD FOR SR304 TRANSPORTATION IMPROVEMENTS PROJECT ASBESTOS
REMOVAL NO. 5 (#AB01-206): Jennifer Strehler stated that bids were opened for the SR304
Transportation Improvement Project, Asbestos Removal No. 5, on September 13, 2001. This contract
provides for the removal and disposal of asbestos in 17 structures located within the Navy Yard Highway
Phase of the SR304 Transportation Improvement Project. One bid for this project was received.
Northwest Abatement Services was the lowest responsive bidder with a bid of $33,543.08. The
Engineer's estimate for the project is $55,827.00. The action before the City Council is approval of the
contract with Northwest Abatement Services for the SR304 Transportation Improvement Project,
Asbestos Removal No. 5.
There were no questions or comments from the public.
#0840 M/S/C/U (Reed/Maupin) Move to approve award of the bid of $33,543.08 with Northwest
Abatement Services for the SR304 Transportation Improvement Project, Asbestos Removal No. 5
contract, and authorize the Mayor to execute the same.
11A- PUBLIC HEARING & RESOLUTION NO. 2836. REGARDING RECOVERY OF FEES FOR
REMOVAL OF VEGETATION FROM MULTIPLE PROPERTIES IDENTIFIED ON "PROPERTY
IDENTIFICATION LIST" (#AB01-200): Janet Lunceford, Building Inspector, reiterated that Ordinance
No. 4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds
exceedin9 twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or
provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed
properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton
Municipal Code. The legal requirements for notice were met. Council is asked to approve the removal
of the nuisance vegetation on the property and collection of the cost incurred by personal judgment
against the owner and a lien against the property. It was noted that eight properties were removed from
the list after complying with the abatement order.
There were no questions or comments from the public.
Mr. Shepherd was pleased that a number of property owners were removed from the list, but suggested
that a process be implemented to recover the administrative costs of all the notification efforts prior to
compliance. Mr. Maupin urged abatements to be made an item of priority. Mr. McConnell and Mr.
Olsen discussed the non-compliance of the City's abatement laws by property owned by the State. It
was confirmed by Ms. Lunceford that the State is exempt from this law.
TAPES #1793 & #1794
City Council Reg. Mtg. Minutes
September 19, 2001
Page 3 of 5
#1215 M/S/C (Maupin/Reed) Move that Council pass Resolution No. 2836 as amended, ordering that
the nuisance vegetation on the properties identified by the attached listing be removed by the City with
fees incurred collected as reasonable abatement costs, which shall become a personal judgment against
the owner and a lien against the property.
Voted in favor of Motion: Younger, Arends, Maupin, Reed, Olsen, Shepherd, and Law
Voted opposed to Motion: McConnell
Motion carried: 7-Yes; and 1-No
11B - PUBLIC HEARING AND ORDINANCE NO. 4774 (SECOND READING), REGARDING
TEMPORARY AND SPECIAL PURPOSE SIGNS ON PRIVATE PROPERTY. AND AMENDING
BREMERTON MUNICIPAL CODE 21.02.330 (e! (9) AND TITLE 21 APPENDIX FIGURE 3-30 (#AB01-
200): Council President John Law explained that the second reading for this ordinance was postponed
for one-week at the Council meeting on September t2, 2001. It was reiterated that this ordinance
amends Bremerton Municipal Code (BMC) 21.02.330 by including language that limits the size and time
for posting temporary and special purpose signs on private property. First reading of this ordinance was
heard at the Council meeting on September 5, 2001.
There were no comments from the public.
#1475 A-M/S/F (Shepherd/McConnell) Amended Main Motion to reduce the size of political signs in
residential, private areas from 32 square feet to 8 square feet.
Voted in favor of Amended Motion: McConnell and Shepherd
Voted opposed to Motion: Arends, Maupin, Reed, Olsen, Younger, and Law
Amended Motion failed: 2-Yes; and 6-No
#1855 M-M/S/C (Reed/Arends) Move to pass Ordinance No. 4774 on second reading.
Voted in favor of Main Motion: Maupin, Reed, Olsen, Shepherd, Younger, Arends, and Law
Voted opposed to Main Motion: McConnell
Main Motion carried: 7-Yes; and 1-No
11C - PUBLIC HEARING FOR PROPOSED COMPREHENSIVE PLAN AMENDMENTS (#AB01-208):
Chris Hugo, Planning & Building Director, stated that the City of Bremerton proposes to amend its
Comprehensive Plan and Optimum Land Use Map through City and public initiated amendment
applications that will be applied Citywide as well as to specific properties. The approved amendments
would be adopted by ordinance and some amendments are accompanied by related rezones to maintain
consistency with the Comprehensive Plan. Gre~_ Amann, Interim City Attorney, reminded the Council
that this item would remain "open", and no legislative action would be taken tonight.
The proposed amendments are among a total of eleven in the 2000-2001 Docket of amendments for
City Council consideration. This agenda bill sets public hearing on each of the following proposals:
(1) PLO0-O061. WHEA TON WA Y COMPREHENSIVE PI_AN AMENDMENT AND ZONING (L OVELESS/BROOK~
Mr. Hugo showed visuals while summarizing the Staff Report, and Findings & Conclusions. The
proposed result would change both maps by allowing re-designation of the properties specified in the
amendment requests. Specifically, the Comprehensive Plan Map would be amended from Low Density
Residential (LDR) and General & Highway Commercial (C-G) to Mixed Use (MU) designations; and the
Official Toning Map would be amended from Single Family Residential (SF-3) to Mixed Use (MX).
TAPES #1793 & #1794
City Council Reg. Mtg. Minutes
September 19, 2001
Page 4 of 5
James C. Tracy, Counsel for the applicant Loveless/Brooke, provided testimony to demonstrate that the
proposal is consistent with the Bremerton Comprehensive Plan & Development Regulation amendment
process, and therefore requested that the Council approve their request.
Mike Shpeherd requested information regarding a possible increase in traffic at Broad Street and
Wheaton Way.
TAPE #1794
(2) PLO0-O062. HANFORD A VENUE COMPREHENSIVE PLAN AMENDMENT AND ZONING (SCHMIDT~
Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. The
proposed result would be to change both maps to re-designate the properties specified in the
amendment requests. Specifically, the Comprehensive Plan Map would be amended from Low Density
Residential (LDR) to General & Highway Commercial (C-G) designations; and the Official Zoning Map
would be amended from Professional Office (PO) to General Business (GM).
Paul Schmidt, applicant, summarized his plans for the property and reasons for the requested
Comprehensive Plan changes. He asked that the traffic flow in the corridor be addressed and pointed
out that in that area there is limited commercial space.
(3) PLO0-O001. PEARL STREET COMPREHENSIVE PLAN AMENDMENT AND ZONING (SETTERLUND)
Mr, Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. The
proposed result would be to change both maps to re-designate the properties specified in the
amendment requests. Specifically, the Comprehensive Plan Map would be amended from Low Density
Residential (LDR) to General & Highway Commercial (C-G) designations; and the Official Zoning Map
would be amended from Residential Low Density (DR) to General Business (GM).
Ken Deshano, owner of Arby's Restaurant, hoped a positive solution could be found to please everyone
-- the applicant as well as the homeowners. He emphasized that a lack of visibility around his business.
Michael A. S0ence, of HARRISON, BENIS & SPENCE, LLP, summarized the legal analysis he prepared
regarding the first two proposals ("Loveless/Brook" and "Schmidt") at the request of the Hartford Area
Neighborhood Association ("HANA"). It was explained that "HANA" is a group of 209 homeowners who
live in the vicinity of the proposed Comprehensive Plan Amendments and Rezones, and that they have
submitted a petition with their signatures in opposition to the proposed projects. He emphasized that
the proposed area is encompassed by residential use and that adding businesses would pose problems
to those neighborhoods. In addition, to increase the amount of development is equivalent to sprawl
would be contrary to the Growth Management Act and would therefore set up inconsistencies in the
Bremerton Comprehensive Plan. Their recommendation was for the Council to reject these proposed
amendments and rezones.
Alan Strange. President of "HANA" provided testimony to explain their reasons for opposing this project.
He agreed emphasized that changes to zoning would have impacts on safety and traffic flow.
Larry Sawyer was concerned for safety of children and asked that the neighborhoods be protected from
encroachment.
Ron Lapratt of Hartford Avenue emphasized that the property should be used appropriately by
addressing community needs, which happens to be a need for residential development not business.
Helen Miller believed these issues before Council tonight were quasi-judicial not legislative, which would
render the current process problematic at this time.
TAPES #1793 & #1794
City Council Reg. Mtg. Minutes
September 19, 2001
Page 5 of 5
Kathy Slader cautioned the Council to carefully consider the proposals, and added that people in
residential areas were affected by neighboring businesses by noise from traffic movement and lights.
Shelly Norton asked the Council to preserve the residential area, which would allow for a continuous
tax base and at the same time maintaining the character of the neighborhood.
With no further questions or comments, testimony was closed to the public, and open to the Council.
Mr. Shepherd requested a copy of the current permit for operations regarding item PL00-0001 prior to
the deliberations. Mr. Reed asked if it would be possible for the applicant to submit their most recent
proposal to the Hanford Neighborhood Association for their review and comment.
No action is required at this time - The City Planning Commission has forwarded afl three proposed
amendments to the Council with a recommendation to not approve them. However, the Council will not
make any final decisions on these individual proposals until the entire 2000-2001 Docket of Proposed
Amendments has been heard, in order to maintain consideration of their cumulative effect throughout
the process.
President Law announced that a date for the deliberations would be announced soon. He further
announced that the record would be kept open for 14 days to receive written comments. Jim Simonson
of Dolan Street asked if Notice could be provided more thoroughly and expeditiously to affected
residents. President Law responded that Notice requirements are to be met by the Planning
Department, therefore referred these comments, as well as those of any other resident who believes
they were not properly Noticed, to contact Chris Hugo, Director of the Planning & Building Department.
It was acknowledged that a number of letters were received, and would be made a part of the record.
The public was informed that phone calls were not adequate for providing comments on these issues,
and should be provided in writing.
With the conclusion of regular Council business, the Council meeting was adjourned at 8:15 P.M. The
Study Session that was scheduled to take place immediately following this meeting has been
rescheduled as an item for the FISCAL & BUDGET and OPERATIONS COMMITTEE meeting on September
26, 2001.
Prepared and Submitted by:
LORI SMITH, Legislative ~sistant
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J .~.Q~I L~;~, ¢i~9 Council President
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