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TAPES #1697 & #1698
CITY COUNCIL MEETING MINUTES
April 12, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 12, 2000, at 5:30 P.M.,
with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad
Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Also
present were City Attorney Glenna Malanca, 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 given by Pastor Talmage Wilson of Charleston Baptist Church.
President Arends made the following announcements:
(1) Council held a Pre-Council Session to discuss general Council business in the Council
Conference Room; and
(2) Council will meet for a 1-hour Study Session on Monday, April 17, 2000, beginning at 5:00, in the
Council Conference Room to hear a report from the Downtown Parking Advisory Committee.
CONSENT AGENDA
There were no Consent Agenda Items this evening.
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.
#0020 M/S/C/U (Law/Farr) On April 12, 2000, Council moved to approve for payment those vouchers
included and further described as follows: 240337 through 240507 in the amount of $180,329.23; and
Regular Payroll in the amount of $950,694.32 for the period ending March 31,2000.
COUNCIL MEMBER REPORTS
David Farr encouraged citizens to take a look at the progress being made on the Evergreen Park
Expansion Project, which he observed to be something the City could really be proud of.
Mike Shepherd reported on a recent business trip to Long Beach, California, where he had an
opportunity to view recovery efforts made by the city since the closure of naval facilities there.
Referring to earlier comments regarding Evergreen Park, he asked that visitors do their part to keep
the parks enjoyable for everyone. He thanked BPD Officer Halverson for his assistance in cleaning
up trash dumped by unknown park visitors over the weekend, and urged citizens to report anyone
they observe abusing the parks by dumping trash or other forms of vandalism.
Ed Rollman announced the next District 4 meeting would be held Tuesday, April 25, 2000, from 7:00
to 8:30 P.M. at the West Sound Bank located at 2"d & Pacific. Topics to be discussed include the
proposed recreation center, and proposed solutions to downtown parking issues. He also announced
the Council Study Session on Monday, April 17, 2000 at 5:00 P.M. in the Council Conference Room
to also address downtown parking concerns. He urged citizen-attendance at both meetings.
TAPES #1697 & #1698
City Council Reg. Mtg. Minutes
April 12, 2000
Page 2 of 6
John Law announced the next District 3 neighborhood meeting for the Iower-Manette area would be
held Tuesday, April 18, 2000, beginning at 7:00 P.M. at the Senior Center located at 13th & Nipsic
Avenue. Administration members of the Bremerton Police Department would be available to hear
discussions on what citizens expect from their Police Department, as well as a discussion on the
results of questionnaires recently submitted to business owners.
Wayne Olsen reported on the District 1 & 2 Town Meeting held Tuesday, April 6, 2000, and thanked
those who attended. He announced the next meeting would be held either in June or after the
summer depending on the requests of constituents from Districts I & 2.
President Carol Arends thanked the Parks Department for organizing the tree-planting ceremony at
NAD Park in honor of Arbor Day. Dogwood trees and Rhododendrons were made available for
planting, and noted she chose a Rhododendron to plant in memory of her late husband John Arends.
MAYOR'S REPORT
Mayor Horton read a complimentary article published in this morning's edition of the Seattle Post
Intelligencer newspaper, which announced the top State Golf Professionals named the Olympic
Course at Bremerton's Gold Mountain Golf Complex as the "Top Choice Suitable-by-the-Masses".
She thanked Scott Alexander and his staff for their efforts. President Arends added there was
another very nice article in the same Seattle newspaper a couple days ago on the arts section of
downtown Bremerton.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Gordy Byrd attended the pre-Council Study Session, which he found very interesting. He also
expressed his concern for pedestrian safety at the intersections of 11th & Park and 11th & Warren.
Don Larson brought more brochures and ideas for tourist activities in Bremerton.
9A - SR 304 TRANSPORTATION IMPROVEMENT PROJECT (TIP) FINAL CHANGE ORDER FOR
UNDERGROUND STORAGE TANK DECOMMISSIONING/CONTAMINATED SOIL REMOVAL.
#AB00-094: SR304 TIP Project Manager Lynn Price reported that the SR 304 Transportation
Improvement Project, Underground Storage Tank Decommissioning/Petroleum-Contaminated Soil
Removal Contract with Stemen Environmental Inc. is completed. The original contract was for
$68,277.98. Previous change orders increased the contract amount to $71,615.01. Change Order
No. 3 consists of final increases and decreases in bid quantities, which increased the final contract
amount to $84,103.13 (a 23.2% increase). The increases were primarily due to the removal of
additional contaminated soil. The action before the City Council is approval of Change Order No. 3.
It was also noted that funding through the Federal Highway Administration and Transportation
Improvement Board would cover additional costs.
There were no comments or questions from the public.
#0615 M/S/C/U (Farr/McConnell) Move to approve Change Order No. 3 in the amount of $12,488.12
for the SR 304 Transportation Improvement Project, Underground Storage Tank Decommissioning/
Petroleum-Contaminated Soil Removal Contract, and authorize the Mayor to execute the same.
TAPES #1697 & #1698
City Council Reg. Mtg. Minutes
April 12, 2000
Page 3 of 6
10A - ORDINANCE NO. 4701 (SECOND READING) AMENDING TITLE 7 OF THE BREMERTON
MUNICIPAL CODE. #AB00-087: The First Reading of this Ordinance was presented at the City
Council meeting on March 29, 2000, followed by additional discussion on April 5, 2000.
Animal Control Officer Teri Olson stated that the amendments to Title 7 of the Bremerton Municipal
Code would clarify and address problem-areas identified in the current code.
There were no comments from the public.
#0665 M/S/C/U (Shepherd/Reed) Move to pass Ordinance No. 4701 on second reading, amending
Title 7 of the Bremerton Municipal Code.
11A - QUASI,JUDICIAL HEARING AND RESOLUTION NO. 2748 REGARDING THE SPECIAL
USE PERMIT (PL00-0006) TO ALLOW AN ESPRESSO STAND IN A RESIDENTIAL ZONED (MF)
NEIGHBORHOOD AT 519 S. CAMBRIAN AVENUE: APPLICANT: CHARITO BALISI, #AB00-095:
President Arends announced this was a Quasi-Judicial Hearing, and asked if any Council Member
believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they
should be excused. President Arends then asked members of the public if they believed any
Council members should excuse themselves due to a conflict with the "Appearance of Fairness
Doctrine': All Council members remained seated.
Building Development Specialist I Tricia Bennon provided visuals of maps showing the Site Plan and
a current Comprehensive Plan Zoning Map for the subject site, which has been commercially
operated since before the adoption of the City's present zoning code in 1988. In 1995 the City's
comprehensive plan was adopted, which classifies this area as General Commercial (C-G). The
City's current zoning map, which was readopted upon the adoption of the comprehensive plan,
maintains this area as residential (MF). The Growth Management Act, which governs Comprehensive
Planning and Zoning activities, requires cities and counties to zone land in conformance to their
adopted plans. Given that requirement, it is evident that the subject property should be rezoned to
commercial. The proposed use of the property for an espresso stand is the kind of use, which would
be allowed outright in a commercial zone. Thus, the use conforms to the comprehensive plan but not
the
"MF" zone, which excludes such a use.
While it would be possible for the City to consider a rezone request, the applicant has chosen to
pursue Special Use Permit approval, which is another option that would allow an espresso stand at
this location. This Special Use Permit is being processed under the provisions of BMC 21,02.790
addressing less intensive non-conforming uses.
The previous tenant occupying the site was Galaxie Rentals (a construction equipment rental
company). Galaxie vacated the property in mid-1999 and moved to a new location. The fact that the
property has not been vacant for more than a year preserves the non-conforming use status of the
property. The Planning Commission on March 21, 2000 found that after considering all the relevant
facts, the proposed espresso stand is indeed a less intensive non-conforming use, and thus meets
the test of BMC Section 21.02.790 and should be approved as conditioned.
It was also pointed out that this project is within the scope of the Gateway Project, and acquisition of
this property will begin in approximately 6 months, with site demolition in approximately I year. The
applicant is aware of this information, but does wish to proceed.
There were no comments from the public.
TAPES #1697 & #1698
City Council Reg. Mtg. Minutes
April 12, 2000
Page 4 of 6
Mr. McConnell discussed his hesitancy in approving this project because of safety concerns due to
the heavy traffic of the area. Mr. Olsen also wanted to be assured that the applicants were aware
that the State would soon be obtaining this property to make way. for the SR304 Transportation
Improvement Project. Mr. Rollman agreed with the concerns for public safety, and questioned why a
Traffic Study was not done for this project. William Palmer, Community Development Director,
stated it was determined that a Traffic Study was not warranted due to the past use of the property,
and the minimal size and scope of the project.
Mr. Farr pointed out that the applicant meets all of the criteria, and was following the rules that were
passed by Council. Additionally, he commended Ms. Bennon on her presentation. Mr. Law
observed that the speed limit for the area is 25 miles per hour, thus made a suggestion that Council
request additional patrol for the area. Mr. Reed and President Arentis agreed that common sense
of drivers in the area would be required.
#1311 M/S/C (Shepherd/Reed) Move to adopt Resolution No. 2748, approving the Special Use
Permit to allow an espresso stand as a less intensive replacement of a previous non-conforming use.
Motion Carried (7 In-Favor; 2 Opposed) as follows:
Voted in favor of Motion: Shepherd, Farr, Esser, Reed, Law, Olsen, and Arends
Voted opposed to Motion: Rollman and McConnell
11B - QUASI-JUDICIAL HEARING AND RESOLUTION NO. 2749 REGARDING AN APPLICATION
FOR REZONE (PL99-0076) TO CHANGE THE CURRENT ZONING FROM RESIDENTIAL "SF-3"
TO COMMERCIAL "PC" ZONING: AND QUASI-JUDICIAL HEARING AND RESOLUTION NO.
2750 REGARDING A SITE PLAN REVIEW FOR THE PROPOSED WALGREEN'S: LOCATION:
EIGHT LOTS AT SW CORNER OF SYLVAN WAY AND WHEATON WAY, #AB00-096:
President Arends announced this was a Quasi-Judicial Hearing, and asked if any Council Member
believed their participation would conflict with the "Appearance of Fairness Doctrine". and if they
should be excused. Mr. Olsen disclosed that he had three conversations with a resident of the area,
Arvi Mantyla, who also provided a list of seven names to identify others who were opposed to
commercial development. He attended the beginning of the first Planning CommisSion meeting on
this issue, but leR after being introduced. A telephone call was received from David Richards but
there was no conversation after initial introductions were made. Mr. Olsen concluded by stating he
remained impartial on this issue. President Arends then asked members of the public if they
believed any Council members should excuse themselves due to a conflict with the "Appearance of
Fairness Doctrine". All Council members remained seated.
Building Development Specialist I Tricia Bennon began by stating a Rezone and a Site Plan Review
were being presented for approval. The applicant, Peter Powell submitted a Rezone for 8 blocks at
the SW corner of Sylvan & Wheaton Way from "SF-3", a residential zoning designation, to "PC"
Professional Office, a commercial zoning designation. In conjunction with the Rezone, the applicant
also submitted a Site Plan Review, which is normally done administratively by staff, however, in this
case, it was explained that staff combined both applications so the proposal could be evaluated as a
package. Visuals of maps to show the area of the Site Plan were displayed, along with detailed
information for the Council to 1 ) consider approval of the Rezone from "SF-3" to "PC"; 2) to consider
approval of the Site-Plan Review for the proposed Walgreen's development; and 3) to evaluate and
approve the use as consistent with the "Professional Office" use zoning designation of the
Comprehensive Plan.
TAPES #1697 & #1698
City Council Reg. Mtg. Minutes
April 12, 2000
Page 5 of 6
Ms. Bennon provided background information, stating that in 1977, the Planning Commission
recommended denial of two separate business rezone requests in the Harkins Place cul-de-sac area.
These requests were subsequently denied by the City Council, or were withdrawn by the applicants.
In addition to the rezone denials, the Planning Commission passed Resolution No. 427 in August
1977, which recommended denial of all commercial rezones in the Harkins Place area, and
reaffirmed the Olympic Manor properties as a residential area.
In 1995 the Comprehensive Plan designated this area as "Commercial & Professional Office" (PO).
The Professional Office zoning district is intended to be a buffer zone placed between neighborhoods
and more intense commercial uses.
Upon adoption of the Comprehensive Plan, the City's current zoning map was re-adopted by City
Council. The result of this re-adoption is that the comprehensive plan takes precedence over the
current zoning. Given the provisions of the Comprehensive Plan, the objectives of the Growth
Management Act and the emphasis of the Regulatory Reform Act, the City is well advised to bring the
existing zoning into conformity with the Comprehensive Plan. This rezone request, once approved by
the City, will bring about that conformity.
On March 21, 2000, The Planning Commission recommended approval of the rezone, and forwarded
the issue with regards to the use consistency to the City Council for a decision determining if the use
is consistent with the "PO" zoning designation, and if the site plan as conditioned should be approved.
Proponents for this project:
James Tracey, Land-Use Attorney for Peter Powell's Development Company (who began his
presentation by asking, for the record, (1) that this Hearing be clarified as an Open Record, Quasi-
Judicial Public Hearing under RCW 36.70(b); (2) that witnesses to be sworn-in; and lastly; (3) that the
entire Planning Department file be formally submitted.) Dave Walden property owner representative,
also spoke in favor of this project, and read a letter into the record from Mr. & Mrs. Dan Barsay.
TAP E #1698
Additional proponents for this project:
Peter Powell of Powell Development Company (Applicant); and lastly, a letter in favor of the project
from William & Harriet McLaren was read into the record by Tom Brandt.
Those who spoke In-Opposition to the project:
Arvi Mantyla, Dickson Joseph Dorr, Leigh Eathorn Bradley, Steven P. Duffek (also submitted a
letter), David A. Richards, Neva Stenback, William F. Lewis, and Chris Gavin.
Closed to the Public and Open to the Council:
Mr. Law asked if the developer was willing to finance traffic safety measures if this project is
approved. Bill Palmer, Interim Planning Director, stated it was clear from testimony heard tonight,
that there is a need for the City to address the traffic concerns raised by the neighbors. However, he
believed it should be done independent from these proceedings, where a recommendation for the
best solution can be reached. He further stated that the developers have gone to "great lengths" to
analyze the problems, and have taken steps to solve the problems in the context of their proposal,
but the City would have to deal with "the bigger picture". He stated when the Statement of Intent is
reviewed, it will be determined this proposal is consistent with the stated intent of the zoning, and
therefore the Comprehensive Plan. He concluded by stating the applicant has a right to assume they
can follow the codes of our City. Mr. Law did not feel his question was addressed, and again asked if
the Engineering Department felt it was appropriate for a Traffic Calming Device on Solie Avenue,
TAPES #1697 & #1698
City Council Reg. Mtg. Minutes
April 12, 2000
Page 6 of 6
would the applicant be willing to pay for it. Mr. Tracey responded yes, that to the extent the City's
Public Works Department determined the increase in traffic on Solie due to this project, the applicant
would take responsibility for the traffic calming, which could also be made a part of the condition. Mr.
Olsen was disappointed in the response, and felt that after all of the testimony, the developer should
be a "good neighbor' and just go ahead and provide the additional traffic safety measures. Mr, Law
stated that by law, the zoning is in effect, because the Comprehensive Plan is already in place, and
believed if the Council denied approval, the applicants could appeal, and would win.
Terry Gibson of Gibson Traffic Consultants, stated that his company provided the Traffic Study for
the Walgreen's proposal, and discussed the findings of the report, as well as offered clarification. He
also addressed other concerns and comments raised by Mr. McConnell.
Mr. Farr stated that Council was obligated to approve the rezoning, because Council already
approved the Land Use Table of the Comprehensive Plan. He further offered a new perspective on
the traffic issue by stating the problems may be caused by traffic "travelling out of town" to stores in
the County, and if this development was approved, it may in fact improve the traffic situation by
keeping shoppers here.
#6429 M/S/C (Farr/Reed) Move to adopt Resolution No. 2749, approving the Rezone from "SF-3"
(Single Family Residential) to "PO" (Professional Office).
Motion Carried (8 In-Favor; f Opposed) as follows:
Voted in favor of Motion: Rollman, Shepherd, Farr, Esser, Reed, Law, Olsen, and Arends
Voted opposed to Motion: McConnell
Mr. Olsen explained that after hearing both sides of the issue, he believed the counsel
representatives for the applicant misinterpreted the intent of the "PO" zoning, and therefore will vote
against approval of the Site Plan Review. Mrs. Arends agreed that the Comprehensive Plan solved
the zoning issue, however, also had problems with the interpretation of the intent, but felt she must go
with what the words actually say, and so will vote to approve the Site Plan Review.
#6650 M/S/C (Farr/Reed) Move to approve Resolution No. 2750 based upon the finding that the
proposed use is consistent with the "PO" zoning designation and therefore approve the Site Plan
Review as detailed and conditioned in the staff report. Additionally, applicant will provide traffic
calming on Solie Avenue if, at the discretion of the City Engineer, there are findings of a resultant
increase in traffic on Solie Avenue.
Motion Carried (6 In-Favor; 3 Opposed) as follows:
Voted in favor of Motion: Shepherd, Farr, Esser, Reed, Law, and Arends
Voted opposed to Motion: Olsen, McConnell, and Rollman
With no further business, meeting adjourned at 8:55 P.M.
CAROL ARENDS, City Council President
City of Bremerton
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