HomeMy WebLinkAbout04/29/98
TAPES #1540, #1541.
CITY COUCIL MEETING MINUTES
APRIL 29, 1998
The regular 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 29, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne
Olsen. Also present were City Attorney Glenna Malanca and Deputy City Clerk
Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Reverend Rick Long of Neighborhood Christian Center.
President Farr made the following announcements:
(1) The City Council held a Study Session prior to the Council meeting to
discuss general Council business.
(2) The City Council held a 5-minute Executive Session immediately prior to
the City Council meeting to discuss "Personnel".
(3) The City Council held a Study Session from 5:05 - 5:25 P.M., in the
Council Conference Room. The topic of discussion was "Workforce
Diversification Plan.
(4) Immediately following the Council meeting the City Council will hold a
15-minute Executive Session. Topic of discussion: "Litigation".
CONSENT AGENDA
A. Minutes of Meeting - April 15, 1998 #AB98-085
B. Minutes of Meeting - April 22, 1998 #AB98-086
#0031 MISICIU(Arends/Law) Motion to approve the 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
TAPES #1540, #1
City Council Reg. Mtg. Minutes
April 29, 1998
Page 2 of 14
#0059 MISICIU(Montgomery/Arends) On April 29, 1998, the Council does
approve for payment those vouchers included and further described as follows:
219136, EFT4777, 219169 through 219398 in the amount of $701,411.34; and
Retirees' Payroll for the period ending Apdl 30, 1998, in the amount of
$101,304.37.
COUNCIL MEMBER REPORTS
Mrs. Arends commented on the "beauty of springtime".
Mr. Shepherd reported clean up activities in District #5 on April 18, 1998, were
very successful. He encouraged all Bremerton citizens to shop locally, which he
views as the first step in building solid relationships within the community. He
was pleased to report Evergreen Park improvements are proceeding rapidly,
which include removal of specially marked trees. If anyone is interested in a
special informational meeting on Evergreen Park improvement process, they
should contact him at 478-5280 or 405-3794. On April 25, 1998, his saintly wife
Janet, along with the Ebenezer A.M.E. Church, Power Youth Group, E. C.
Lovingston, and others put on a fund raising spaghetti feed to raise funds for the
renovation of the Martin Luther King Jr. Library. He thanked the following
businesses for donations of food and paper products: Callow Avenue Safeway,
Garguile's Red Apple, Kitsap Way QFC, and Wal-mart. He extended a
"welcome" to two new neighbors in District #5 Alan and Teresa Frickie and
Grandpa Sherwood, who watches City Council meetings every week.
Mr. Overson complimented those who are putting in their time and effort to
improve the appearance and conditions in the downtown area. Swing City
Committee is doing excellent work, particularly with the flower barrels and clean
up effort. He noted the newly added landscaping at the parking lot located at the
end of 2nd Street. He reminded everyone of Kitsap Historical Museum's grand
opening of their new presentation on May 1, 1998, at 6:00 P.M.
Mr. Law reported the next District #3 Neighborhood Meeting will be held May 19,
1998, 7:00 P.M., at the Senior Center. The guest speaker at that meeting will be
Glenna Malanca, City Attorney. The issue of "fluoridation" will also be discussed
at that meeting (8:30 - 9:00 P.M.), if he is able to schedule a "pro fluoridation"
person, who would be given equal time as an "anti-fluoridation" person, who has
requested time at that meeting.
Mr. McConnell reminded everyone of Distdct #2's Neighborhood Meeting on
April 30, 1998, 6:30 P.M., at Fire Station #3. Mayor Lynn Horton will be the guest
speaker at that meeting.
Mr. Farr reported he observed Mr. Shepherd's saintly wife serving at the
spaghetti feed where he and his wife enjoyed a wonderful dinner. He also
TAPES #1540, #154,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 3 of 14
attended a ceremony honoring volunteer coordinators in the Bremerton
community. Mayor Horton made an eloquent presentation at that event and
many deserving volunteers were recognized for their contributions. In his
opinion, much of the volunteerism that goes on in Bremerton goes unrecognized.
To follow on Mr. Shepherd's comments about supporting local businesses, he
and his wife had the opportunity to enjoy the new Charleston Cinema. He was
impressed with the renovation of that facility making it attractive, clean, and safe.
He was also impressed with the quality of movies being shown, at such a low
cost, the service was great, and the food was offered at a very reasonable price.
He too hopes that the public will give their support to new businesses likes the
Charleston Cinema. Many times he has seen businesses start up, but as
citizens we fail to keep some of our business in-town. A very good reason to
frequent Bremerton businesses is the return to the taxpayers in services via
business and sales taxes realized from those businesses.
MAYOR'S REPORT
Mayor Lynn Horton announced United Way of Kitsap County is seeking
volunteers to participate on June 4, 1998, at their fifth "Day of Caring". The
volunteers will be assigned various tasks that involve painting, carpentry, roof
repair, installing playground equipment, landscaping. She identified a list of non-
profit organizations within the Bremerton community that will be the recipients of
the efforts of the volunteers. The day will start off with a continental breakfast at
8:00 AM. All necessary tools and supplies will be provided. For more
information, call Sharon Du Fresne at 377-8505. In addition, the Mayor thanked
all those who volunteer their time, and she too believes they deserve more
recognition.
Mayor Horton read the following Proclamation:
(1) May 3-9, 1998, NATIONAL DRINKING WATER WEEK, which was accepted
by Kathleen Cahall, Water Resources Manager. Ms. Cahall listed other ways
to celebrate National Drinking Water Week, and invited the public to attend
the Annual City Open House at the Public Works & Utilities Operations
Center located at 100 Oyster Bay Avenue, on Thursday, May 14, 3:00 - 7:00
P.M. Mr. Shepherd asked if the coloring contest forms would be handed out
at the Olympus facility, and also, who will be judging the contest? Mayor
Horton stated they are looking for judges, and invited Mr. Shepherd to
volunteer.
PUBLIC RECOGNITION
Rev. Cleveland Williams, Ebenezer A.M.E. Church, thanked Councilman
Shepherd, his family, and all others who supported the Spaghetti Feed fundraiser
last Saturday. He also challenged him to do it again, to continue with donations
to fund the refurbishing of the Martin Luther King, Library. He invited the public
TAPES #1540, #1.5~.
City Council Reg. Mtg. Minutes
April 29, 1998
Page 4 of 14
to the 2nd annual Armed Forces Gospel Concert to be held Sunday, May 17,
1998, 4:00 P.M., at the Bremerton High Performing Arts Center. Rehearsals will
be held at Ebenezer A.M.E. Church on May 1 and May 8 at 7:30 P.M.
Linda C. Kroum, YWCA Community Relations Director, stated the YWCA has
relocated to 9th and Pacific Avenue, and they are excited to be in downtown
Bremerton. She announced that April 30, 1998 is the National Day of
Commitment to Eliminate Racism, which is only the beginning of a month-long
list of activities to celebrate multi-cultural awareness. She encouraged the public
to cell the administrative office at 876-1608 to let her know what other citizens
are doing to observe this national day of commitment to eliminate racism.
Alan Frickie, Bremerton resident, thanked Councilman Shepherd for welcoming
him into the neighborhood, agreed with Councilman Farr's comments regarding
the Charleston Cinema, and encouraged the public to attend. He owns MailBox
Services, which is located on Callow Avenue, and a problem that is shared by
the businesses in that area is lack of parking. He moved into the Evergreen Park
area specifically because of the effort to improve the park area, which will evolve
into a great community access area. He resides on Elizabeth Street and is
concerned about the existence of known drug houses on that street. He agrees
that it will be good for that neighborhood to have a Bremerton Police Officer living
at the end of his street, but there are four other blocks that need attention. He is
willing to put forth effort to improve the living conditions in that area and within
the Bremerton community. He also represents apartments at the comer of
Pacific and 11th Street and does not tolerate illegal type activity from those
tenants nor does he try to step on their civil rights, but he believes in a clean and
accessible community area. He questioned with what is happening with
Evergreen Park, is the City going to allow Elizabeth Street to remain in its current
rundown condition?
Shannon Bell, representing Special Olympians, reported a Special Olympics
Tournament was held this past weekend and the "TOP GUNS", which is a
Bremerton team, took a Gold Medal. This group will be competing in a State
Tournament in May and if they prevail will then participate in the National Special
Olympics. Also a group from Olympic High School earned a Gold Medal and will
compete at the State Tournament. Mr. Shepherd announced Shannon is a team
member and provides a lot of team spirit and helps make that team so
successful.
Clyde Jacobson. Bremerton resident, stated he has lived on Elizabeth Street for
approximately seven years. When he moved into that area, it was afflicted with
drug and gang problems, however, through the efforts of other residents in that
area, many of those problems have been resolved. In his immediate
neighborhood, he has observed other property owners cleaning up properties
TAPES #1540, #154,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 5 of 14
that were left in trashy conditions. This has greatly improved the area. As a
rental property owner, he had first hand knowledge of the wonderful emergency
medical service provided Bremerton residents by the Bremerton Fire
Department.
Bernard Holland, Bremerton resident, commended the City for the quality of
water that is provided the citizens. He reminded all those involved in water flow
work and Water Week activities that every cell in the human body requires water
and very few of them require fluoride.
John Green, Bremerton resident, suggested that a "no wake zone" be
implemented for the channel between Oyster Bay and Ostrich Bay. He talked
with a representative in the State Parks and Recreation Department, who
supported actions that would encourage public safety. He also contacted the
Kitsap County Sheriffs Department and learned that the City of Bremerton could
grant them permission to place "no wake" buoys on State land that is within City
of Bremerton jurisdiction. There is an existing Countywide 300-ft. from shoreline
no-wake zone that the County can enforce and a Statewide 100-ft. zone. He
believes the issue of safety is a separate issue over allowing piers and docks in
that channel. Over the past 11 years he has observed an increase in boating
traffic.
Roy Runyon, Bremerton resident, expressed concern over the speed and
volume of traffic on Gregory Way. He contacted the City Engineering
Department about the possibility of placing speed humps, however, they
indicated no funds were available for that particular neighborhood. They did offer
to do some traffic measuring, both speed and volume. At some point in time, he
would like to have Mayor Horton walk around his neighborhood and talk with the
residents. He also wanted to know when the next District 5 Neighborhood
Meeting would be held. Mr. Shepherd announced the date for that meeting is
May 28, 1998, 6:30 P.M., at Memorial Lutheran Church. A Blockwatch Update is
given as part of the agenda for the Distdct meetings. Mr. Runyon expressed
interest in getting a Block Watch program started in his neighborhood.
Alan Frickie, Bremerton resident, stated he would like to see speed humps
placed on Elizabeth Street as a deterrent to speeding traffic. He is interested in
seeing a Block Watch program started for the three block section leading up to
the small park at the north end of Elizabeth Street.
Legislative Report on Questions raised at previous Council meetings:
March 25, 1998 City Council Meeting:
Elizabeth Buell questioned why Brem-Air Disposal Inc., would not pick up a
cracked garbage can that she wanted them to remove.
TAPES #1,540, #1,54.
City Council Reg. Mtg. Minutes
April 29, 1998
Page 6 of 14
Administrative Response: Paula Johnston, Deputy City Clerk, contacted Brem-Air
and clarified the fact that they do pick up broken/cracked garbage cans for
disposal.
April 1, 1998 City Council Meeting:
Del Knauss asked Mayor Horton to respond to a list of questions he provided
addressing the formation and function of the Council Salary Commission.
Administrative Response: A response was mailed to Mr. Knauss this date.
8A - SOLE SOURCE PURCHASE OF DIGESTER RECIRCULATING
SCUMBUSTER FOR WASTEWATER TREATMENT PLANT. #AB98-087
The Wastewater Treatment Plant is in need of a new digester re-circulating
scumbuster to replace an existing unit. The scumbuster breaks up the debris
accumulated in the digesters in order to speed up the process. A quote was
obtained from Vaughn Company of Montesano, Washington, a sole supplier of
this equipment.
Pat Coxen, Wastewater Treatment Plant Manager, stated he would standby for
questions.
Public comment - none.
Mr. Montgomery questioned when digester #2 would be on-line. Mr. Coxen
stated he anticipated it to be on-line by mid June. At that time, digester #1 will be
taken off-line for the installation of the new pump.
Mr. Overson questioned the reason for the sole source purchase? Mr. Coxen
explained the digester cover was designed for a Vaughn Scumbuster Pump;
therefor to replace it the City has to go back to for the same design.
Mr. Shepherd asked if the City should consider purchasing a backup unit. Mr.
Coxen said no, considering the fact this company has been in business for 30-40
years in Montesano, Washington and produces quality machinery.
#1565 M/S/C/U (Montgomery/Shepherd) Motion to approve the purchase of a
digester re-circulating scumbuster from Vaughn Company in the amount of
$19,424.00 including applicable freight costs and State tax and to authorize the
Mayor to approve the requisition and/or sign the contract to purchase, subject to
City Administrative Policies and Procedures.
8B - INTERLOCAL AGREEMENT - TRAFFIC SIGNALS WITH CITY OF
SHELTON, WASHINGTON, #AB98-016
The City of Bremerton Electronic Section has been servicing the traffic signals
within the City of Shelton since January 1995. This interlocal agreement
TAPES #1540, #154,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 7 of 14
proposes to renew the contract automatically on an annual basis, provided either
party shall have the option to notify, in writing, the other party no later than
October of the current contract year of its intention to terminate the contract.
Bob Tulp, Public Works Operations Manager, stated he would standby for any
questions.
Public comment - none.
Mr. Law questioned if he understood correctly that this has been an ongoing
contract for approximately five years. Mr. Tulp stated the Shelton Contract was
initiated in 1995. The City has similar contracts with Kitsap County, City of
Poulsbo, and City of Port Orchard. Mr. Law asked if there was any significant
difference between the proposed contract and the previous contract. Mr. Tulp
stated no. Mr. Law noted it speaks well of the City's service force when other
governmental agencies want to use their expertise.
#1679 MISICIU (Arends/Montgomery) Motion to approve the intedocel
agreement with the City of Shelton and authorize the Mayor to sign the
agreement, subject to City Administrative Policies and Procedures.
9A- PUBLIC HEARING - PRELIMINARY PLANNED UNIT DEVELOPMENT IN
SINGLE FAMILY ZONE; APPLICANT: KITSAP MOBILE HOME PARK:
LOCATION: 6201 PRICE ROAD; RESOLUTION #2649, #AB98-088
On March 17, 1998, the Planning Commission recommended approval of this
project as a Preliminary Planned Unit Development.
The two-phase expansion includes 32 units in Phase I and 29 units in Phase II.
The 13.12-acre site is immediately adjacent to the existing mobile home park.
The proposed density of 4.65 units per acre is well within the 8 units per acre
allowed in this 'SF-3' zone. The typical unit site would be approximately 5,000
Sq. ft. This is consistent with the minimum lot size in the 'SF-3' zone, though the
home sites would be undivided sites in the 13.12-acre plan. The park does not
allow single-wide homes. All existing and proposed sites require doublewide
homes.
The site includes 24.5 percent open space. The Zoning Ordinance minimum
requirement for open space is 15 percent. All required landscape buffers and
circulation requirements for both vehicles and pedestrians are provided in the
proposed development.
The City Council is the decision making body responsible for evaluation of
Preliminary and final PUDs,
TAPES #1540, #154,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 8 of 14
The City Council shall either: 1 ) Affirm the decision under review; 2) reverse the
decision under review; 3) modify in whole or part the decision under review; or 4)
remand the matter back to staff for further consideration.
President Farr asked the "Appearance of Faimess/Conflict Of Interest" question
with all Council members being seated.
James Combs, Land Use Division of Department of Community Development,
stated the location of the subject property is west of the City and southeast of
Kitsap Lake. The proposed development would expand an existing mobile home
park, which is located just below the Dockside development. Surrounding
properties include Single Family-3 zone and to the south is an Industrial Park
Zone. The existing mobile home park was developed in 1967 and improved upon
over the ensuing years to the point where only doublewide mobile homes are
allowed and the sites have matured landscaping. Mr. Combs presented slides
showing the existing site and the proposed PUD site.
The proposed 32-unit expansion would be developed in two phases. The
developer has two years to complete Phase I and Phase II must be completed
within two years of completion of Phase I. Extensions can be requested for
completing various stages. The Bremerton Municipal Code Chapter 19.08
requires a minimum setback and street frontage of 50 feet with a minimum home
separation of 10-feet. In this particular plan, a typical home separation will be 25-
ft. The minimum building height in the entire zone is 30-feet, however this project
consists of single story units. The minimum unit area allowed in the BMC is
2,000 sq. feet and the proposed plan is showing a typical unit consists of close to
5,000 sq. feet. The minimum unit area width is 30-feet and a typical unit width in
the plan is 50-ft. The minimum PUD Open Space requirement is 15% of the
entire parcel (13.12 acres), and the Plan indicates 24.6% as Open Space. The
site area density in a SF-3 Zone allows between 3-8 dwelling units per acre. The
proposed plan is proposing a little more than half of that at 4.65 dwellings per
acre.
The Planning commission recommended approval including the following the
following conditions:
1. The access road shall be constructed pdor to Final PUD approval and shall be
constructed in accordance with City Standards.
2. Stormwater drainage improvements must be designed and constructed in
accordance with Title 15 of the Bremerton Municipal Code. Erosion control
measures must be designed in accordance with the Department of Ecology's
Stormwater Management manual for the Puget Sound Basin.
TAPES #1540, #154',
City Council Reg. Mtg, Minutes
April 29, 1998
Page 9 of 14
3. The storm system and the sanitary sewer system will be privately operated
and maintained.
4. Final PUD shall meet all provisions of the Bremerton Critical Lands
Ordinance, Zoning Ordinance, and all other applicable Codes.
The following individuals, spoke in favor of the proposed PUD: Mel Wartman,
Kitsap Lake Mobile Home Park (KLMHP) resident; Cad Smith, KLMHP resident;
Mr. & Mrs. Bill Kilbourn; KLMHP resident, Diana Galland, part owner of
KLMHP; Dean Whotier, property owner (gravel pit) south of KLMHP;
The following comments were made in support of the proposal: (1) Current
mobile home park offers the kind of carefree lifestyle that many senior citizens
desire. (2) Strict mobile home park rules are enforced. (3) To reside within the
park one must be 62-years or older. (4) Kitsap Lake Mobile Home Park is well
maintained and secure. (5) Keeping it a Senior-only park is desirable. (6) A
majority of residents in Kitsap Lake Mobile Home Park support the proposed
PUD. (7) The expanded portion of the Kitsap Lake Mobile Home Park will be
limited to seniors 62 and older. (8) Existing park is a quality facility.
Comments in opposition to the proposed PUD - none.
Mr. Montgomery stated it was his understanding that City sewer was already
available to the subject site. Mr. Combs stated yes, but the system within the
park would be privately maintained.
Mr. McConnell questioned a statement in the documentation that it is anticipated
that most residences will contain wood burning fireplaces; however wood stoves
would not be allowed. John Galland, KLMHP owner, stated they would not be
allowed as a heating system.
Councilmen Overson and Arends expressed their support of the proposal as
presented.
Mr. Montgomery stated he believes all manufactured homes belong in mobile
home parks and are typically well maintained when confined to those areas.
#2934 M/S/C/U (Arends/Montgomery) Motion to approve Resolution #2649
accepting the Preliminary Planned Unit Development at Kitsap Lake Mobile
Home park, pursuant to the Planning Commission's recommended conditions.
9B - PUBLIC HEARING - RESOLUTION #2650 REGARDING EXTENSION OF
THE MORATORIUM REGARDING DEVELOPMENT OF PIERS AND DOCKS
WITHIN THE CHANNEL BETWEEN OSTRICH AND OYSTER BAY, #AB98-089
TAPES #1540, #154,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 10 of 14
The City Council passed a Moratorium with Resolution 32621 on August 26,
1997, which would terminate after 9 months or when the amendments to the
Shoreline Master program could be approved by the State Department of
Ecology. We are requesting the moratorium be continued until we can get the
SMP properly updated.
Judy Johnson, Interim Director Department of Community Development,
Explained the extension of the moratorium would allow staff to go through the
proper process to revisit the issue of piers and docks in the channel between
Oyster Bay and Ostrich Bay.
President Farr asked for the record if this hearing was a quasi-judicial function
and should the Appearance of Fairness/Conflict of Interest question be asked?
Glenna Malanca, City Attorney, stated no due to its being a legislative matter the
Appearance of Fairness doctrine does not apply.
President Farr asked if any written comments on this issue had been received.
Ms. Johnson stated no.
TAPE #1541
Susan Holland, Bramerton resident, referenced past Council action addressing
docks and piers in the channel between Oyster Bay and Ostrich Bay. She and
other residents in the audience support the action to extend the moratorium. To
date, there have been three applications for piers and docks in the channel and
she was not sure how many more will be submitted. Efforts to block such action
are costly to the residents and the City. She urged Council to approve the
extension until the change to the Shoreline Master Plan can be processed.
Elizabeth Buell questioned the need for the six-month extension to the
moratorium and if further extensions would be required? She stressed her
support of the extension and her opposition to docks and piers in the subject
channel.
President Farr stated for clarification that the issue being addressed is just the
extension of the moratorium for an additional six months.
Tim Olson, Bremerton resident, commended Mayor Horton and the Department
of Community Development for their efforts in redoing this proposal. He urged
Council to vote to extend the moratorium.
David McCelland, Bremerton resident, stated he opposed the proposal as
presented. He does not believe that piers and docks would be an interference in
the channel. He agreed with an eadier speaker that establishing a No-Wake
TAPES #1540, #15q,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 11 of 14
Zone would improve traffic safety in the channel. He believes those living along
the channel will lose part of their property rights if the moratorium is extended.
Bernard Holland wanted to clarify that there is not a "No-Wake Zone" at this
time, and asked for the moratorium to be extended until there is one in place.
Judy Johnson stated next step is a Planning Commission Study Session (with
no public testimony) on May 12, and then the Public Hearing (with public
testimony) on May 19. Staff will then prepare the packets to send to the
Department of Ecology for the 60-day review and comment period. Once
information is received back, her Department will then prepare those changes,
and present them to the City Council at a Public Hearing. All of this has been
scheduled to fall within the 6-month moratorium.
Mr. Overson appreciated the comments made by Ms. Johnson, and is aware of
the personnel challenges faced by her in her Department. However, he
acknowledged that staff appears to be working hard to stay on top of those
challenges, and he is confident they now have the expertise and resources
available to produce a solution to this situation.
Mr. Reed asked Ms. Johnson if she had looked into the "legal authority" or the
"ability of the City" to impose a moratorium? Ms. Johnson stated yes, the
Growth Management Act does allow for moratoriums in events of planning. Mr.
Reed questioned if Federal Case Law had been researched? Glenna Malanca,
City Attorney, stated in regard to moratoriums, there is generally a very high
threshold of truth required when justifying a moratorium. In this case, the Growth
Management Act specifically provides for a moratorium of this type. However,
the 6-month extension is it, there would be no lawful extension beyond this 6-
month extension. The City does fall within the time limits as specifically allowed
for this type of planning activity, with a work-plan in place. Therefore, even
though Mr. Reed points out a correct Federal Law, it does not apply in this
instance. Mr. Reed asked if she could provide this information to Council. He
then proceeded to mad into the record a "Washington Law and Use of Intern
Zoning and Moratoria" brief by Ann Schindler, King County Prosecuting Attorney.
Ms. Schindler is the Senior Deputy Prosecuting Attorney, and lead attorney in
Land Use and Environmental Law area, and advises the King County Council,
King County Zoning, and Sub-Division Hearing Examiner. He specifically pointed
out that there is no legislative authority by the State of Washington that gives a
City the dght to impose a moratorium, temporary or otherwise, within a civil
jurisdiction. Mrs. Malanca pointed out that what is being proposed is consistent
with what exists. The City feels that this is important for some issues related to
DOEs' concerns that it is supedor that the moratorium be extended as the City's
attorney has determined is appropriate. She would be most happy to review the
materials Mr. Reed referenced during this discussion and have the City's
TAPES #1540, #154,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 12 of 14
Assistant Attorney Doug Fortner respond to the specifics, but she has heard
nothing that is on point with what is happening dudng this discussion. Mr. Reed
re-emphasized there is no standing law in the State of Washington that allows a
civil jurisdiction to impose a moratorium. Because there are no legal bounds for
imposing a moratorium, a person applying for a permit cannot be denied the
opportunity to process their permit. He read from a memo Mrs. Malanca sent to
him: "based upon a review of Ordinance 4619 amending the City's Shoreline
Master Program relating to docks and piers in the channel between Oyster Bay
and Ostrich Bay, as well as my review of the Shoreline Master Plan, I
recommended repeal of the ordinance. This ordinance was adopted upon
second reading December 30, 1997. Its provisions appear to be duplicate of
Chapter 5 in the Shoreline Master Plan, specifically Regulations No. 10." Mr.
Reed stated if it is Mrs. Malanca recommendation, as stated in the memo, that
there is no need for an amendment, why is a moratorium necessary? Mrs.
Malanca stated that point coincides with her eadier position that this moratorium
is consistent with the City's current Shoreline Master Plan. It is preferable just as
having an ordinance ultimately that clarifies the provision, which she feels an
interpretation is very reasonably applied to prohibition of piers and docks.
However, for the same reasons it is recommended that the moratorium be
extended for this final six month period.
Mr. Montgomery stated it is not unusual to get two different opinions from two
attorneys. He agrees that the action before Council is legal and within the rules
and regulations imposed by the State.
Mr. Overson complimented Mr. Reed on his homework on this issue and trusts
that discussion needs to be resolved in a legal situation, and the resolution of
that could not influence what is being proposed at this time. Relative to the
proposed extension of the moratorium, it appears to need to happen so that staff
can carry on with the process.
Mr. Shepherd asked the number of permits that have already been submitted
and are in process for docks or piers? Ms. Johnson stated one application,
which is awaiting a hearing on the SEPA decision from an appeal that was filed
on June 27, 1997, and again on December 30, 1998. Mr. Shepherd asked when
that application was originally submitted? Ms. Johnson stated around May 13,
1997. She noted there have been other applications, but subsequently
withdrawn. Mr. Shepherd stated he could understand establishing a moratorium
on new permits, but he did not agree that a permit that was applied for under
existing laws should be continuously withheld or delayed while the City Council
considers amendments to the Shoreline Master Plan. Ms. Johnson explained
the decision of denial was issued for that particular permit in February 1998. The
City went before the Shorelines Hearings Board; however, they remanded the
issue back to the City because of some problems with the Appeal process. A
TAPES #1540, #15~,
City Council Reg. Mtg. Minutes
April 29, 1998
Page 13 of 14
hearing was scheduled, but then had to be rescheduled for the appeal of the
SEPA Hearing.
Mr. McConnell stressed case law exists where cities established moratoriums,
and he supported the six-month extension. He asked how close is the City to
getting the necessary documents to submit to the State. Me. Johnson stated
the process would be initiated again, which will include opening up for public
comment, but this time there will be specific proposal. Mr. McConnell stated in
his opinion extending the moratorium would not deny anyone his or her property
rights.
Mr. Law stated he was comfortable with the legal advice given to the City
Council and would support the extension of the moratorium.
Mrs. Arends concurred with Councilman McConnell's comments, and she too
has every confidence in staff members' efforts in addressing issues relating to
the Shoreline Master Plan. She also concurs in extending the moratorium for an
additional six months.
President Farr stated he opposed extending the moratorium. He prefers to stay
away from extremes on either sides of issues and the extreme on this proposal
would be no regulation where the channel would get clogged with piers and
docks that extend across to touch each other and block the channel. However,
just as much of an extreme is the prohibition against docks and the moratorium is
a prohibition against docks. He believes it does deny people the use of their
property that they pay a premium in taxes. He was a waterfront property owner
as well as a boat owner and understands the situation to some extent.
Mr. Olsen asked for the name of the individual whose application is still in
process? Ms. Johnson stated Victor Targett submitted that application.
Mr. Olsen extended an apology to Mr. Targett for the delay, however, he felt
strongly that the City had to do things legally and based on the City Attorney's
advise steps need to be taken to correct past errors.
#0823 M/SIC (Montgomery/Law) Motion to approve Resolution #2650 continuing
the Moratorium, which was established with Resolution #2621, for an additional
six months or until the Shoreline Master Program has been amended properly,
whichever occurs first.
Vote on motion: In Favor: Montgomery, Arends, Overson, Law,
McConnell, OIsen
Opposed: Reed, Farr Shepherd
Motion carded.
TAPES #1540, #15,+.
City Council Reg. Mtg. Minutes
April 29, 1998
Page 14 of 14
President Farr thanked the TV camera crew for their services: Robert Neal,
Ched Thompson, Jay Bennett, and Gretchen Elliott.
With no further business meeting adjourned at 7:36 P.M.
City of Bremerton
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