HomeMy WebLinkAbout08/27/97
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CITY COUNCIL MEETING MINUTES
AUGUST 27, 1997
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, August 27, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees,
Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al
Colvin. Also present were City Attorney Ian Sievers and Deputy
City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Deacon Bemis of Our Lady
Star Of The Sea Catholic Church.
President Farr made the following announcement:
(1) The City Council will hold a Study Session immediately
following the Council meeting, in the Council Conference Room.
Topic of discussion will be "Sinclair Landing Update."
CONSENT AGENDA
A. Advertisement - Washington State Lodging & Travel #AB97-193
Guide
#0032 M/S/C/U(Neville/Montgomery) 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.
#0055 M/S/C/U(Colvin/Montgomery) on August 27, 1997, the Council does
approve for payment those vouchers included and further described
as follows: #FT4391, 211988, and 212006 through 212190 in the
amount of $328,774.18; and Retirees' Payroll for the period ending
August 31, 1997, in the amount of $99,035.59.
COUNCIL MEMBER REPORTS
Mr. Law announced the Community Resources Department has
information available about con games and scams, particularly
targeting senior citizens. He encouraged those with elderly
friends or relatives to pick up a copy of the brochure. He will
also have brochures available at his next District #3 meeting.
Mr. Neville reported work has started on the Evergreen Park
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seawall.
Mr. Montgomery announced the MOM Committee is sponsoring a Rally on
the boardwalk on September 6, 1997, starting at 10:00 A.M. He
encouraged the public to bring their signs showing their support to
retain the USS Missouri within the continental United States. In
regards to the Missouri, the Navy will hold a session of the 106
process, which is a process they are required to go through when
any historical designated building, site, etc., are to be
transferred. This session will be held at Keyport in the Naval
Underseas Museum. He read a letter received from Mary W. Haines,
whose son died aboard the USS Arizona, in which she expressed her
disappointment that the Navy would consider mooring the Missouri
near the Arizona Memorial and views that as a sacrilege. She
supported keeping the Missouri in Bremerton or Long Beach,
California, but not near the Arizona. Mr. Montgomery noted more
people in the United States are getting on the bandwagon and there
is the possibility a lawsuit may be filed against the Navy.
Mr. Winters stated as Chairman of the Telecommunications Committee,
he wanted to know when City staff and members of the
Telecommunications Committee will be meeting to discuss the
proposed Telecommunications ordinance. He is looking forward to
the Blackberry Festival this weekend.
MAYOR'S REPORT
Mayor Lynn Horton read the following Proclamation:
(1) SEPTEMBER 1-5, 1997, WASHINGTON WATER WEEKS. Don Larson,
President of Washington Scuba alliance, accepted the Proclamation
and displayed a color poster listing Water Weeks events. A Water
Weeks Journal can be obtained by calling the 1-800-824-4EPA. He
announce his group sponsors the annual Sinclair Inlet Clean Up,
which will take place on September 20.
Mayor Horton announced as a springboard into the Blackberry
Festival activities, the USS Nimitz will be honored for their
presence and tenure in the City of Bremerton. She invited everyone
to participate in this event and give the Nimitz a Bremerton kind
of sendoff to their next homeport and thank them for their years of
service within the community. Mayor Horton read a letter from the
City to Captain Issac E. Richardson, III, Commanding Officer of the
USS Nimitz, acknowledging their support of worthwhile community
causes, such as United Way, Navy Relief, Mothers Against drunk
Drivers, American Red Cross, Make-a-Wish Foundation, and Promise
Keepers, as well as their major role in Operation Desert Storm and
Operation Southern Watch in the Arabian Gulf.
PUBLIC RECOGNITION
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John Thomas, member of the Council Salary Commission, announced the
Commission will hold a Public Hearing on September 8, 1997, 5:30
P.M., in the City Council Chambers to take input from the public on
a proposed salary increase for the City Council. He asked that the
City conduct a public audit of Westsound Community Access
Television since they were mostly funded through public funds.
Lastly, as of this date, he had not received a response from the
Council to his question about the cost of implementing
fluoridation.
Carol Atkinson, Bremerton Main Street Association, announced
Blackberry Festival hours are August 30, 10:00 AM - 8:00 PM, and
August 31, 10:00 AM - 6:00 PM. Darrell Tanner, Car Show Chairman,
stated he anticipates having 200 participants, which will include
Harley- Davidson motorcycles, Honda Motorcycle Club, new cars from
local dealerships, classics cars, custom cars, antiques cars, and
custom low rider bicycles. Mel Journey, chairman of the First
Annual Fly In, announced this new event will be held on August 30,
1997, starting off with a Pancake Breakfast at 9:00 A.M. The Port
of Bremerton and the Bremerton Pilots' and tenants Association are
co-sponsors of this event. Ms. Atkinson briefly listed the
entertainment lineup and announced a another new event this year is
the Golf Tournament at Gold Mountain on August 29. Dave Boynton
described how the Hydroplane Exhibition, a new event, came together
this year, and will take place in Sinclair Inlet west of Puget
Sound Naval Shipyard (PSNS). The participating hydroplane is the
"PICO." Mr. Winters asked where the public could view the
hydroplane exhibition? Mr. Boynton stated PSNS will be opening
their parking lot near the Missouri gate and there is a small park
to the west of that parking area. However, the best place to view
the event would be from a boat. He cautioned the public to not
park along the Navy Yard Highway since it could create traffic
problems. Ms. Atkinson announced the USS Nimitz Open House will
take place on August 30, 10:00 AM to 4:00 PM. Lastly, she
announced more new blackberry products will be introduced at the
festival.
Del Knauss stated several times he has brought up to Council his
concern about the Council Salary Commission and its conflict with
RCW 35.22.205. He urged Council to request the City Attorney look
at the Washington State Constitution that governs how Council
members are given salary increases. He is aware the Council Salary
Commission is considering that eight Council members receive a 45%
increase and the Council President would receive a 55% increase.
During all of his working career, he has never received that kind
of pay increase. He believes the money used for Council salary
increases would be better spent on a Fireman, Policeman, Planner or
Parks employee. He also believes the Council's current salary is
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comparable to other cities of a similar size. He urged Council to
be the ones to vote on their salary increase. President Farr
stated the City Attorney has already reviewed this issue and made
his determination.
Don Larson, President Kitsap Diving Association, handed out copies
of Washington Water Weeks Journals to the Council members and noted
it is a great way to promote activities in Bremerton. He report
the State Park Commission is making progress on an Underwater Park
program and he still maintains his strong support for Bremerton to
become involved in such a program.
8A - BUDGET ADJUSTMENT - 1997 WASTEWATER FUND 451, #AB97-194
A number of project activities have occurred in the Wastewater
utility that necessitate adjustment of the 1997 Wastewater Fund
Budget. The attached budget adjustment request outlines the
adjustments to be made. The adjustments provide for the final
costs on the WWTP Odor Control Project and 1997 property
acquisitions in Oyster Bay, Zone 1. Revenues include Public Work
Trust Fund loans and Centennial Clean Water fund grants not
previously included, and recognize the settlements received from
Agri-Tech, Harbor Insurance and CH2M Hill. This adjustment also
provides for ongoing contribution litigation against Metcalf & Eddy
Services Inc. approval by the Council of the attached budget
adjustment in the amount of $1,275,976 is requested.
Gene Sampley, Public Works and Utilities Director, stated this
Budget Adjustment is a result of on going litigation, costs
associated with that action, projected costs for the remainder of
1997, and capital projects that were carried over from 1996. It
was anticipated that those projects would have been completed in
1996; however, it was necessary to roll them over into 1997. The
timing to present this Budget Adjustment was determined when it was
felt there was no longer a strong possibility that the City would
receive additional settlement revenues for the settlements that the
City paid out in litigation to the Charleston Beach Association and
other claims. The source of funding is the Miscellaneous Non-
Revenues receipt side of the Public Works Trust Fund Loans and the
Centennial Clean Water Fund grants as well as the available cash
balance budgeted for the end of the year. The budgeted ending cash
of $1,407,369.00. the projected budgeting ending cash with the
subject revision would be $131,393.00.
Public comment - none.
Mr. Winters questioned if $767,000 was the correct figure for
litigation costs and what was the amount received in settlement?
Mr. Sampley stated the litigation cost figure was correct and the
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settlement amount was $1,980,000.00.
#1069 M/S/C/U(Montgomery/Winters) The City Council approve attached
Budget Adjustment No. 97-27 to Wastewater Fund 451 in the amount of
$1,275,976 to reflect the correct status of the fund.
9A - RESOLUTION #2620 - ENTRY INTO ENERGENCY SERVICES
FACILITY/MASTER PLAN AGREEMENT REGARDING JOINT TRAINING FACILITY,
#AB97-195
The City of Bremerton Fire Department would like to enter into an
agreement with various other fire Districts and Departments to
establish a joint Fire Training Center on National Guard Property
located at 1299 Union Avenue.
Mick McKinley, Assistant Fire Chief, briefly reviewed the
background for the development of a joint Fire Training facility,
which started in 1989, when the City considered the replacement of
the fire tower at Evergreen park. After evaluating several sites
in the City, Fire Services of Kitsap County banded together and
chose the National Guard Armory site on Union Avenue. This process
has taken over three years to come to this point.
Public comment - none.
Mr. Winters complimented Mr. McKinley for his dedication to this
project, and reiterated his suggestion to name the facility after
Mr. McKinley.
#1179 M/S/C/U(Montgomery/Colvin) To Pass Resolution #2620 to establish a
Joint Fire Training Center.
10A - ORDINANCE (FIRST READING), AMENDING THE PENALTIES FOR
VIOLATION OF THE CITY BUILDING CODE, ~AB97-196
A recent case has found that courts of limited jurisdiction, such
as Municipal court, are only authorized by Court rule to issue
search warrants upon probable cause to believe evidence of a
criminal offense may be found, and not authorized to issue warrants
for evidence of a civil infraction. Many of the model codes
adopted in the City Building Code, BMC Chapter 17.04, contain
specific misdemeanor or gross misdemeanor penalties. However,
other sections declare a violation to be "unlawful," and under the
default penalty of B.M.C. 17.04.110, these would be classified as
civil infractions. Since these construction and fire code
violations often require on-site inspection for successful
prosecution, it is recommended that the default penalty be changed
to a misdemeanor to allow search warrants to be issued.
Ian Sievers, City Attorney, briefly reviewed the discrepancies and
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reasons why this ordinance was necessary to allow a proper
investigation under a search warrant.
Public comment - none.
Mr. McConnell asked for clarification for the deleting of "and fire
safety," and asked if it was addressed under a different ordinance?
Mr. Sievers stated this particular penalty section was not amended
when the first section of that chapter was amended.
#1325 M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading,
amending the penalty for violations of the City Building code, and
amending Bremerton Municipal Code 17.04.110.
11A - CONTINUED PUBLIC HEARING 1997 DOCKET OF COMPREHENSIVE PLAN
AMENDMENTS, RELATED REZONES, AND THE ADOPTING ORDINANCES (FT~T
RE~ff)ING)~ ~AB97-192
President Farr stated approximately two-thirds of the items were
reviewed by Council and public comment taken on August 20; however,
no formal action was taken by Council. During this hearing, staff
will complete their presentation, public input will be taken on
each of the remaining items, then a vote will be taken on first
reading of the ordinances.
President Farr asked the "Appearance of Fairness/Conflict of
Interest" question, with all Council members being seated.
Ron Houqh, Planning Manager, explained this is a continuation of
August 20, 1997, public hearing. He briefly recapped each of the
seven items discussed at the previous meeting.
President Fart opened the opportunity for public testimony on the
following seven items:
(1) Harbor Heights Apartments: Public comment - none.
(2) Bremerton School District: Public comment - none.
(3) Auto Center Area Industrial: Public comment - none.
(4) Broad Street Residential: Public comment - none.
(5) Merit Company:
Susan Brown., 1333 E. Hope, stated this was a difficult meeting to
be at due to the confusion of the notification process. Those who
attended the Planning Commission meeting were told this public
hearing would be August 27, but residents received letters stating
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the public hearing would be August 20; therefore she requested
action on the rezones be put on "hold" and re-advertised. She
further explained she has watched this property since moving to the
area 28 years ago, and was aware that the property has severe water
problems in recent years. The Merit Company has owned this
property for 30 years and she understands the time is right for
them to maximize their profit, but she does not believe it should
be at the expense of the neighborhood. Existing neighbors bought
their homes years ago assuming there would be houses across the
street. If businesses are intended, she suggested a 100 foot buffer
along the eastern edge, using the 15% open space required for this
rezone to protect the existing neighbors.
(6) South Smith Cove:
(Note: a letter was received from Mr. Paul S. Milnes and included
in the City Council packet on page 110).
Scott Buckingham, 900 block Washington Avenue resident, suggested
the City expand Evergreen park to include the Standard Oil property
in order to maximize the view potential from the park.
Mr. Overson stated in the interest of efficiency, Council should go
forward with the original proposal of Parks and Open Space as
opposed to sending this issue back for further review. His
reasoning is if the owners disagree with what the City proposes,
they should request that it be changed to something else. Ian
Sievers, City Attorney, stated the City received a letter from an
attorney representing one of the property owners (Loftus property),
who is in his own right and proactive objects to the rezone of his
property. In affect, one of the property owners is not willing to
wait to see what happens with the City's property acquisition.
(7) Waterfront Access Plan:
Scott and Pamela Buckingham, 900 block Washington Avenue residents,
stated their major concern over this proposal was the adverse
affect it would have on the residents, particularly having to do
with increased traffic and safety for their children. They were
also concern about the possibility of High School age youth hanging
out in the area, if it that area was developed by the City,
possibly bringing a bad element into their neighborhood.
Amy Burnett, 900 block Washington Avenue resident, pointed the
existing use of the subject site is a short driveway with a garage
and has been used as such for many years. Her bedroom window, as
well as her neighbors, is only 10 feet away from the site and the
two residents on the other side of the "short driveway" are 5-20
feet away. She noted there are four residents on that small
driveway and three of them use it as they exit out of their front
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door. Three to five vehicles are continually parked on the site.
She questioned if the area is kept as a view point, will all
parking of vehicles be prohibited? She emphasized parking is a
critical situation on the section of Washington Avenue north of the
Manette Bridge. She asked that residential parking be allowed to
continue on the site, if the Council decides to keep the subject
area as a view point.
Del Knauss, Bremerton resident, stated when he Chaired the
committee that developed the City's current Comprehensive Plan, not
one person spoke against having the subject area as a low key view
point. The area was designated a low key view point prior to the
adopting of the current Waterfront Access Plan. He sees keeping
the viewpoint designation as a benefit to the neighborhood, not the
general public. He supports retaining parking on the site for
neighboring residents and to keep it as a viewpoint.
David Baldwin, 900 block Washington Avenue resident, stated he has
been a homeowner in the subject area since 1989. During the
Planning commission's discussion of this item, he voiced his
opposition to keeping the subject area as a viewpoint. He doubted
the site could be maintained as a low key viewpoint, if it was
developed. Parking along their portion of Washington Avenue is
extremely difficult and at times people traverse llth Street Place
(posted as one-way) the wrong direction. His neighbor JoAnne
Marez, who was unable to attend this meeting, supports the proposal
to remove the viewpoint designation. Another neighbor, who resides
at 959 Washington Avenue, has a letter on file in support of the
proposal as presented.
H. Emily Moshay, Park Avenue resident, stated her opposition to
retaining the subject area as a viewpoint.
Paula Johnston, Deputy City Clerk, read the following letter into
the record: "I reside at 110 1/2 11th Street Place. I am
concerned about turning our driveway into a view point. My son's
bedroom is only 20 feet from this area. I also have concerns about
parking. There have been times when I come home in the evening and
there is nowhere on the road to park. This forces me to park in
the red zone and receive a ticket for $50.00, so I count on my spot
in the driveway. My final concern is our increasing problem with
crime in our neighborhood. I feel putting a viewpoint in a
residential area would invite more crime and problems with
neighbors and our privacy. I am not thrilled about a viewpoint
being put here, but I hope that if this takes place a compromise
can be reached to accommodate us on Washington Avenue and llth
Street Place," signed Sara Marez.
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CAPITAL FACILITIES ELEMENT: Part 2 of 2 - Capital Facilities
program
Kay Wilson, Senior Planner, explained the Capital Facilities
element is one of five Comprehensive Plan elements required by the
Growth Management Act (GMA). The Bremerton Comprehensive Plan
capital Facilities element consists of two parts: Capital
Facilities Plan Part 1 of 2 (CF Plan) and Capital Facilities
Program Part 2 of 2 (CFP). No amendments are proposed for Part 1.
The GMA requires that the Capital Facilities expenditures of the
City be consistent with the Comprehensive Plan. For that reason,
the City updates that element each year. The CF Element must
include an inventory of existing capital facilities, a forecast of
future needs, locations and capacities, and a six-year plan to
finance the capital facilities within projected funding.
In 1996, amendment were made to Sections A - Fire And Emergency
Medical Services; B - Law Enforcement; C - Parks and Recreation; D
-Sanitary Sewer; G - Transportation; H - Water.
Ms. Wilson outlined the relationship among Capital Facilities
Elements Policy Plan, Capital Facilities Program and the City
Budget. The City's projected funding is based on a population
projection, as shown on the CFP-2 Population Forecast Chart. Ms.
Wilson pointed out a correction to the City's 1997 actual
population to reflect 38,600 rather than 36,800. The City Treasurer
looks six years ahead at the projected population for the year 2002
(43,000 people) and bases projected revenues out six years on that
population as well as other considerations.
Under "Future Water Needs," Ms. Wilson pointed out several errors
in the documentation provided to Council and noted those errors
will be corrected in the September 3 City Council Agenda Packet.
She emphasize the Table did show sufficient water for the next six
years and projected growth. The Water Utility has requested the
following language be included in the Plan: "The City has two
additional wells drilled and awaitinq water riqhts. Current
regulatory and legal uncertainty at the State level precludes
processinq of water riqhts applications except under emergency
conditions."
The new MUNICIPAL FACILITIES section is basically constructed to
provide the background for two items that have been included in the
City's Capital Improvement Program and are also included in the
Capital Facilities Element, i.e., a new City Hall and potential
purchase of a parking facility (Sinclair Landing Project). A
statement identifying the need for a new City Hall will be added as
follows: "There is considerable expense in operating and
maintaininq the current obsolete facilities. Communications,
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efficiency and coordination are significantly more expensive in the
existing facilities. New construction and design techniques would
decrease operations and maintenance costs and improve the efficient
provision of City services."
Public comment - none.
Mr. Overson questioned how the City could identify annual costs
savings, if a new City Hall facility is built? Ms. Wilson stated
she could not answer that question. Mr. Overson questioned the
reasoning or projections that a cost savings would be the result of
a new City Hall facility. Mrs. Wilson explained this item was
proposed as an expenditure in the Capital Improvement Program,
which was previously approved by the City Council. Since the two
documents must be consistent, text was added to provide the general
background on such a proposal and the specifics would come with
further study. Don Pratt, Director of community Development,
stated the purpose of including the language was to identify a
potential cost in the future to undertake studies that will provide
the kind of information Mr. Overson requested. He anticipates,
within 2-4 years, there will be a request for funds to look at the
possibility a new City Hall facility.
REMOVAL OF "CEMETERY" DESIGNATION
Mr. Hough identified the location of existing cemeteries along
Kitsap Way and Naval Avenue. The "C" (Cemetery) designation was
placed on the Plan maps to indicate the locations of existing
cemeteries. It was not intended to guide the development of new or
expanded facilities. Cemeteries are permitted (by Special Use
Permit) in the SF-1, SF-2 and SF-3 iow density residential zones.
The "C" designation on the Plan maps causes confusion and may
require a Plan Amendment whenever an existing cemetery expands
within an SF zone. Removing this designation from maps and map
legends will avoid confusion and unnecessary Plan Amendments.
Public comment - none.
Mr. Montgomery questioning the value of even bothering to make this
change considering the exiting cemetery properties would most
likely never be used for another purpose. If the cemeteries wanted
to expand, they could go through the appropriate process. Mr.
Houqh explained any change outside their currently boundaries would
require a Comprehensive Plan amendment, which he did not see as
necessary since it is an allowable use under their current zoning.
Mr. Winters questioned if the current cemetery on the west side of
Kitsap Way owned additional land west of their current boundary?
Mr. Houqh stated yes, but they cannot develop the site because the
Comprehensive Plan shows it as a different use. Mr. Winters
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questioned why the City didn't implement a zoning change to the
site that is not currently designated "cemetery" in order to meet
needs that may occur by 2003-2006? Mr. Hough explained the zoning
designation is low density residential (SF-1 or 2), which allows
cemeteries with a Special use Permit and in some cases can be
granted administratively. Because there are cemetery boundaries
shown on the Map, someone could appeal the proposal to expand a
cemetery outside the existing area. Since the City is not planning
for future cemetery needs, staff did not see the need for a
"Cemetery" designation on the long range plan.
LAND USE DESCRIPTIONS
Mr. Hough stated the Land Use Descriptions comprise four pages of
land use designations on the Comprehensive Plan Maps. The Zoning
Ordinance describes "zones" in good detail; however, the
Comprehensive Plan did not describe the Comprehensive Plan
designations, which are similar to the zones, and that situation
presented some confusion to the public. The intent is to insert
the land use descriptions into the Comprehensive Plan's Land Use
Element along with the Land Use Maps.
Public comment - none.
Mr. McConnell questioned, under the MU PUD applied to a residential
project, how many units per acre would be allowed? Mr. Hough
stated the Mixed Use PUD Plan designation does not have a range.
A PUD combines different zones and through that process high
density can be combined with medium density or low density zone
with a non-residential planned use zone. But, if a PUD was
presented that wanted to combine a commercial center or office park
with a medium residential designation, the MF Zone would probably
be applied, which is a medium density zone and would become part of
the PUD design. The zoning would have a limit on the density
within that development. Mr. McConnell questioned if he understood
correctly that a PUD does increase the number of units per acre?
Mr. Hough stated there is a bonus density opportunity; however, it
does not come automatically and comes with additional open space or
other amenities.
Mr. Montgomery stated he understood issues such as these were
covered when the Comprehensive Plan was adopted several years ago?
Mr. Hough stated the definitions were covered, but were not written
into the Plan.
President Farr announced Council will vote on the individual action
items under the Comprehensive Plan Amendment ordinance.
1. HARBOR HEIGHTS APARTMENTS AMENDMENT
#0620 M/S/C/U(Montgomery/Huff-Menees) Motion to approve Harbor Heights
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Apartments redesignation from "Utility" to "Medium Density
Residential (MDR)."
2. BREMERTON SCHOOL DISTRICT AMENDMENT
#0690 M/S/C/U(Huff-Menees/Montgomery) Motion to approve the Bremerton
School District Amendment to "General & Highway Commercial (C-G)."
3. AUTO CENTER AREA INDUSTRIAL AMENDMENT
#0715 M/S/C/U(Montgomery/Huff-Menees) Motion to approve Auto Center Area
Industrial Amendment from "General and Professional Office (C-P)"
to "Industrial Park (IP)."
4. MERIT COMPANY AMENDMENT
#0735 M/S/C(Huff-Menees/Montgomery) Motion to deny the designation of
"Medium Density residential (MDR)" to "Mixed Use/PUD(MU)."
Mr. Overson stated the owner of the subject property requested the
amendment and had pursued several unsuccessful attempts to develop
the site. He sensed the owner now believes the best use of the
site would be under the MU designation. He could not support the
motion to deny. He believes the City is duty bound to support use
of real estate that is under private ownership.
Mr. McConnell stated he views this proposal differently. In his
opinion it is vague i.e., there are no plans and previous actions
to have the site rezoned residential was not successful in
developing the site into that use. He was concerned that the MU
designation allowed the owner to put any kind of use on the site
with only the Planning Commission's approval. Before he could
support such a change, he would have to see a plan for that area.
Mr. Colvin stated he believes the surrounding neighborhood deserves
consideration; therefore, he will support the motion for denial.
Mr. Montgomery questioned if he understood correctly that it would
require Council approval to develop the subject property? Mr.
Hough stated that is one of the conditions under the proposed
rezone for this site.
Huff-Menees stated her reason for making the motion for denial was
out of concern for the neighborhood and the fact the City used the
site for residential density to support population figures under
the Growth management Act (GMA). She felt strongly that the City
should stick to that decision and she does not supporting changing
the current designation.
Mr. Law stated he was concerned that the size of the buffer kept
changing. Mr. Houqh explained the proposal would allow other
options than Medium Residential. One of the options would be to
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expand the existing shopping center to allow existing businesses to
expand and possibly bring in other new businesses. He was not
aware of any proposal submitted to build something specific, but it
does open up the options.
Mr. Colvin stated he was concerned the City would be giving the
property owner a "blank check" to build whatever they wanted. Mr.
Hough explained a site plan review before the City Council is
required, if a proposal is submitted. This is the only site in the
City where the City Council does a site plan review at a public
hearing.
Mr. McConnell asked if it wouldn't be more appropriate to rezone a
portion of the subject site as "Shopping Center" to accommodate
future expansion of the existing shopping center rather than having
3/4 of a store in a Shopping Center zone and the remainder in a
different zone? Mr. Hough stated that is a possibility and such a
proposal would have to come before Council for approval.
Mr. Neville stated he supports the motion for denial based on the
need to continue its identity as future density residential to meet
the GMA.
President Farr stated he could not support the denial based on the
fact he has faith in the system that has worked in most cases to
benefit the City and take the concerns of the neighborhood into
consideration when a site plan is approved.
Vote on motion: In Favor: Huff-Menees, Neville, Law, McConnell,
Colvin, Montgomery
Opposed: Farr, Winters, Overson
Motion carried.
5. Broad Street Resldential Amendment
#1059 M/S/C/U(Montgomery/Huff-Menees) to approve two small lots on Broad
Street from "CG" to "MDR".
Mr. McConnell pointed out if the proposed change is approved, it
would require the current owner of an adjoining commercially zoned
property to provide a buffer on his property. He could not
support the motion, if it puts an existing property owner to a
further expense and more loss to their business zoned property.
Mr. Hough stated the General Business zone and most business zones
require 10-foot setbacks from residential zones. In this case that
would be true. He felt the City had sent a precedent with the
property on the north side of Broadmore Village when Broadmore
Village was rezoned from General Business to Multiple Family. At
that time, the affected property owner requested a Special
Exception from that rule and was granted the exception. The
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commercial property owner in the subject area is aware of that
process and could request an exception to the setback requirement.
Mr. McConnell questioned if that exception could be made part of
the motion? Mr. Montaomery stated he agreed with Mr. McConnell's
recommendation to provide the "exception" in his motion, which he
then amended. Mr. Houqh reminded Council they were amending the
Comprehensive Plan and following this action Council will be
addressing a set of rezone requests. This issue is more of a
zoning issue than a Comprehensive Plan issue and was more
appropriate to include it when the rezone was considered.
President Farr asked if it was inappropriate to have it included in
the Comprehensive Plan? Mr. Hough stated yes. Mr. McConnell asked
that the issue be address when the rezone of the two lots came up
for consideration.
Vote on motion - unanimous.
6. Waterfront Access Plan Amendment
Mr. Overson questioned what is meant by a "low key" viewpoint? Mr.
Hough recalled when the Waterfront Access Plan was being developed
about eight years ago, the intent for a iow key viewpoint that
provided a stopping/resting area for people walking along the
sidewalk and system of sidewalks that would link the downtown with
various points along the shoreline, including the Manette Bridge
access, Evergreen Park, Smith Cove, etc. Such an area could be as
simple as a bench and garbage can. Mr. Overson asked if it could
also be a place where local residents park their vehicles and are
able to look over the vehicles at the viewpoint without actually
accessing the area? Mr. Hough stated it would be a visual
viewpoint since there is no physical access to the shoreline.
Parking might be developed on the street side with a pedestrian
area on the water side. Ms. Wilson stated she believes the
Waterfront Access Plan is quite clear about viewpoints in
residential areas and the intent is for walkers and no parking
spaces provided. And, when a viewpoint is in a residential
neighborhood, the City would not plan that viewpoint until a
neighborhood meeting was held with surrounding residents. Thirdly,
the Waterfront Access Plan addresses protecting the adjacent
neighbors from intrusion of noise, etc., through design. There are
several other viewpoints along that route and all of them are in
residential neighborhoods. Mr. Overson questioned how the City
proposed to resolve the owners' concerns where, by default, the
site has become access to residential areas and allowed needed
vehicle parking? Ms. Wilson emphasized the importance of holding
a neighborhood meeting to address those kinds of issues before the
City makes a proposal for the site. Because this site is so
unusual, it might be the City would provide some neighborhood on-
street parking and the viewpoint developed as a path with a bench.
Mr. Overson stated he recognizes the concerns of the residents in
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the subject area that there is need for additional parking;
however, he did not see this action as one of those opportunities.
The Waterfront Access Plan is a long-term plan that sets aside real
estate that can be retained for public purposes and if that use is
changed, it would have to be for a significant reason. He did not
believe that the issue should be presented on the basis it was
presented.
#1428 M/S/C(Overson/Colvin) To deny the Waterfront Access Plan change as
presented.
Mr. Montgomery agreed with Mr. Overson's position and the Shoreline
Management Plan states the City must protect viewpoints. However,
if the issue comes back before Council, he would support a motion
to designate residential parking only on that street, but prior to
that kind of action, the existing garage needs to be removed due to
its illegal status.
Mr. McConnell stated he supports the denial of the proposed change
because he sees the viewpoint as a great asset to the surrounding
neighbors as well the city as a whole.
President Farr questioned if the time frame for developing the
viewpoint would be past the six year time horizon? Mr. Hough
stated he had no idea when the City might develop the area;
however, there is the possibility that the Parks Department might
apply for grant funding that may become available in the future.
President Farr questioned if the viewpoint remains as it is, would
the neighbors be allowed to continue using the site for parking
vehicles? Mr. Hough explained it is a non-conforming situation and
the City could decide to abate the situation.
Mr. Colvin stated if the proposal is denied, does everything remain
the same? Mr. Hough stated no, the garage must be removed.
Vote On Motion: In Favor: Overson, Law, McConnell, Colvin,
Montgomery, Huff-Menees, Neville, Farr
Opposed: Winters
Motion carried.
#1689 M/S/C/U(Huff-Menees) Motion to approve Section 7: The text of the
Comprehensive Plan is hereby amended to incorporate the annual
update of the Capital Facilities Program portion of the Capital
Facilities Element.
#1711 M/S/C/U(Neville/Montgomery) Motion to expand the Park designation
to Sheldon Boulevard and expand the High Density Residential to the
east of Highland Avenue (Section 8).
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#1780 M/S/C/U(McConnell/Montgomery) Motion to approve Section 9: The Land
use Plan Maps contained within the Comprehensive Plan are hereby
amended to remove the designation "C" (Cemetery) and designate it
as "Low Density Residential" (Section 9).
Mr. Overson questioned if it was allowable to have a "0" on the
Comprehensive Plan Map if the "Cemetery" designation is removed?
Mr. Hough explained the underlying zoning is Low Density
Residential. Mr. Overson asked if that should be added to the
motion? Mr. Hough stated yes.
#1834 M/S/C/U(Montgomery/Huff-Menees) motion to approve the Land Use
Descriptions as discussed (Section 10).
#1867 M/S/C/U(Montgomery/Huff-Menees) Motion to approve Ordinance, on
first reading, as amended by the previous motions adopting the 1997
amendments to the Bremerton Comprehensive Plan.
President Farr announced the Study Session scheduled to following
the Council meeting has been postponed to September 8, 5:30 P.M.,
in the Council Conference Room.
Mr. Hough announced the next action before Council is to approve
the following rezone proposals:
Harbor Heights Apartment - changing the zoning of specific portions
of the proposed Harbor Heights Apartments development site from the
present designations of "FM (Forest Management)," and "SF-3
((Residential Low-density)" to "MF (Residential Medium-density)."
#1997 M/S/C/U(Montgomery/Huff-Menees) Motion to approve Section 1 of the
ordinance (Harbor Heights Apartments).
Bremerton School District (Section 2) - change the designations of
two lots, located on the east side of Wheaton Way, north of Dibb
Street from "PS (Parks & Schools)" to "GN (General Business)."
Auto Center Area Industrial (Section 3 - change the designation of
four lots, consisting of approximately 22 acres, in the auto Center
area from "PO (Professional OFFICE" to "IP (Industrial Park)," with
conditions as described in Exhibit "C."
#2033 M/S/C/U(Law/Montgomery) Motion to approve Sections 2 and 3 as
presented.
Merit Company
#2064 M/S/C(Montgomery/Colvin) Motion to delete Section 4 - Merit
Company.
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Vote on motion: In Favor: Montgomery, Huff-Menees, Winters,
Neville, McConnell, Law, Colvin
Opposed: Farr, Overson
Motion carried.
Broad Street Residential - change the designation of two lots on
the south side of Broad Street, west of Wheaton Way, from "GB
(General Business)" to "MF (Residential Medium-density", and
approving a special Zoning Ordinance Exception for the abutting
commercial lot.
#2103 M/S/C/U(McConnell/Montgomery) Motion to approve the rezone as
presented with an exception eliminating the setback requirement for
the abutting commercial lot.
South Smith Cove - to not rezone the expansion area of Evergreen
Park and let it remain zoned as "Business Park (BP).
Mr. Neville asked the City Attorney to state for clarification why
he recommended retaining the current zoning. Mr. Sievers explained
rezoning as opposed to the Comprehensive Plan changing private
property to Parks and Schools is premature at this point. Mr.
Overson raised a point that a threatened challenge is more real
than imaginary. He also felt it could be antagonistic to property
negotiations that are currently underway. He appreciates the fact
the issue went through the Planning commission and possibly a
compromise would be to table the Planning Commission's
recommendation on part of the Business Park 4-6 months when it may
be coming back to Council when the City acquires the property.
#2209 M/S/C/U(Neville/Montgomery) Motion to amend southeast of Smith cove
by expanding the "MR (Residential High-density)" zone northward to
include two additional lots on the east side of Highland Avenue.
11B - PUBLIC HEARING - APPEAL/DOCK IN OYSTER BAY CHANNEL;
APPELLANTS: RICHARD WRIGHT ET.AL; LOCATION: 2000 MADRONA POINT
ROAD, #AB97-197
The City Council has been requested to conduct a public hearing to
decide an appeal of a dock permit application determination of
nonsignificance. The dock would be located behind a sinqle family
residence in the waterway channel between Oyster/Ostrich'Bay. The
City Council may agree with the decision or direct that a
determination of significance or a mitigated determination of
nonsignificance be issued.
President Farr asked the "Appearance of Fairness/Conflict of
Interest" question. Mr. Winters read the following statement: "On
or about mid July Mr. Maynard Hoffman invited him to me home to
view the channel and they discussed the channel and its width and
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did not discuss anything else other than someone working for $10.00
per hour pulling weeds out of his yard. Secondly, on or about July
25-26, 1997, he and his wife and son enjoyed dinner at the home of
the Reeds and enjoyed the waterfront, view and dinner. They did
not and he would not allow discussion regarding the dock."
Therefore, he will remain seated.
President Farr asked if any member of the public believes any
Council member should excuse themselves due to a conflict of
interest with the appearance of fairness doctrine? Bernard
Holland, So. Marine Drive resident, stated he had observed Mr.
Winters also at the Reed's place of business; however, he was not
aware of what they might have discussed. He was also unsure as to
what was actually discussed when Mr. Winters was a guest at the
Reed's home. Mr. Winters stated he would be glad to relate what
was discussed. Mr. Holland stated he was objecting because of the
"appearance of fairness"...Mr. Winters could say anything, but he
would not know if it was true or not. Ian Sievers, City Attorney,
stated the appearance of fairness doctrine as ex parte contacts was
amended by statute and does allow that ex parta contacts may take
place as long as they are disclosed on the public record and the
substance of those conversations are disclosed by the Council
member. Therefore, it would not disqualify Mr. Winters. Mr.
Holland stated he was objecting over Mr. Winters being at Mr.
Reed's place of business, which Mr. Winters did not disclose. Mr.
Slevers stated the time frame is important and Mr. Winters may want
to clarify if the second incident was after the item was placed on
the Council agenda or if it was prior to that date. Mr. Holland
stated it occurred within the last month. Mr. Winters stated his
impartiality regarding the document is very clear. Mr. Reed is
running as a candidate for Council District #9 and he is running as
a candidate for Mayor of Bremerton and they discussed those issues.
Although he is not allowed to discuss his candidacy in City Hall,
he is allowed to explain that situation in front of legal counsel.
Mr. Sievers stated all Mr. Winters had to do was to reflect his
recollection if any part of the conversation touched on the subject
application. Mr. Winters stated no. Mr. Holland stated he felt
the two parties sharing a meal was a little to close for an
impartial vote. Jerry Paret stated she drove behind Mr. Winters'
van as he left Mr. Reed's place of business at 8:10 A.M. Jim Reed
stated he was visited by Mr. Winters at his place of business where
they spoke at length about Mr. Winters' Mayoral race and his
interest on issues. Mr. Winters had not been in his office after
the Council Agenda had been prepared on August 22, nor have they
had any telephone conversations except for the morning of August 26
when he talked with him about returning a phone call regarding
someone wanting to support his campaign. Hr. Sievers stated
prejudgment is one of the legs of the appearance of fairness
doctrine and Mr. Winters should reflect whether or not he is too
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close and friendly in his social contacts to make a fair and
impartial decision on the matter with the applicant. Mr.Winters
stated he would not say he and Mr. Reed were that close, but he has
examined the issue and understands Mr. Pratt's recommendations. He
perceives he is being challenged because of an earlier "no" vote.
He owns a rental property near the Reed property and travels in
that area quite often, but over the past five years he and Mr. Reed
have conversed very few times. Mr. Reed stated for clarification
the appellant is not appealing him, but rather the Director of
Community Development's decision and he was at this public hearing
to make public comment on that appeal.
President Farr stated since he has served on the Council, these are
the most serious challenges he has seen to any of the Council
members being seated on a quasi-judicial matter and asked Mr.
Winters to be sure that he could deal with the appearance of
fairness issue, but if he felt there was any doubt he would ask Mr.
Winters to consider stepping down. Mr. Winters stated he had no
doubt and would remain seated.
Don Holtz, Madrona Point Drive resident, asked Councilman Carlos
Montgomery to step down on the grounds that within the past 30 days
he had traveled by boat through the channel with City employees to
address the issue of dock standards, and on Thursday of the past
week spent 1-1/2 hours at an adjacent property supporting his
negativity to docks in the channel and stating incorrect facts that
he felt were pertinent to this case. Mr. Montgomery stated he was
on Mr. Green's property, along with a City Official, investigating
an illegal "pulling-in" of a float, not on Mr. Reed's property. He
emphasized the conversation did not include any discussion about
docks; however, they did discuss the float issue and the depth of
the water. As a City Councilman, when issues come up in his
district he usually gets involved to help solve problem issues.
He received numerous call about Mr. Green's float. Judy Johnson,
Department of Community Development, stated on August 21 she and
Mr. Montgomery did visit Mr. Green's property to discuss his float,
but they did not discuss anything about the Reed property or the
proposed dock. Mr. Montgomery stated Mr. Green did mention Mr.
Holt's dock, Mr. Reed's dock, and houses; however, he did not get
involved with any discussion relating to Mr. Green's comments. Mr.
Sievers asked Mr. Montgomery if he recalled any conversation about
the Reed dock? Mr. Montgomery stated Mr. Green talked about why
they couldn't put a dock at that location, i.e, differences of
various buildings throughout the channel. Mr. Sievers stated,
based on his remarks about the Reed dock, did Mr. Montgomery feel
he made any prejudgment on the application? Mr. Montgomery stated
no. Mr. Sievers stated he believed Council could proceed with the
discussion. He noted the judgement is the individual's as to
prejudice and prejudgment and they have stated they have none and
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can make an impartial decision. Mr. Montgomery stated prior to
going to the Green's property he asked the Director of Community
Development, in Ms. Johnson's presence, if visiting the Green
property would have any bearing on any further hearings that may
come up on that channel? Mr. Pratt's response was no, if he was
there for a particular reason. Mr. Winters stated what comes with
this job is a little bit of integrity about responding to
constituents. The press continues to hurl accusations at him, the
public is now throwing accusations at him. He wanted it clearly
understood that when Council members state their position, as
requested by the Council president over their being seated, he
believes their integrity stands for itself. President Farr stated
Council must also respect the Public's concerns as well.
Mr. Sievers stated there were a couple of other appeals scheduled
that were related to Agenda Item lib that are not being heard at
this time. There were two appeals to a Shoreline Master Plan
interpretation by the Community Development Department, which have
been canceled because the interpretation was been withdrawn in
favor of the more deliberate public process of amending the
Shoreline Master Plan under the moratorium recently passed by the
City Council. More important perhaps is the appeal of the denial
of the Substantial Development Permit on the residential dock -
2000 Madrona Point Drive, which has been continued to September 24
for revision of findings and possibly the decision. If the
decision itself is revised, it will be republished and
opportunities for other appeals to be filed, which will also be
heard on September 24.
Mr. Matt Mathes, Land Use Specialist, stated Council is to decide
the action that is the basis of the file for a decision on a
shoreline development permit, not the permit itself. A denial for
the permit was made, and will be heard as a continuation of this
hearing at a later date. If the Council votes "Yes" tonight, the
DNS decision would stand, and the denial of the shoreline pezmit
would remain. The applicant would then be eligible to reapply for
the project no sooner than one year from the date of the denial.
If Council votes "No", there would be two options: 1) to remand the
DNS decision to staff for minor changes, then staff would reissue
a new DNS; or 2) provide an amendment through a process used to
notify agencies.
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The site in question is located on Madrona Point Road. He then
passed out supplemental information, Attachments "A" through "F".
He understands that the appellant has the burden of proof to show
there is a basis for the appeal.
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Dick Wright, signatory appellant, stated the waterway issue being
discussed tonight is monumental, and deals with an exclusive,
individual piece of property that is totally unique. He is
rebutting the decision of Non-Significance by the City of
Bremerton, and stated the 3 minute limit would not be adequate for
him to provide Council with all of the necessary information he
would like to present. Mr. Fart stated in Public Hearings, the
standard procedure has been to limit the time to 3 minutes to
assure uniformity and fairness to both sides, and all speakers.
Mr. McConnell offered that in the past, the appellant has been
given 10-15 minutes, and then anyone wishing to speak after that
would be limited to 3 minutes. Mr. Sievers read from the Rules &
Procedures, which states the Council President designates the
length of argument to afford a fair hearing of the issues, taking
into consideration the size of the audience, and number of those
who wish to speak.
Mr. Wright, referred to the memo on Attachment "C", which showed
the SEPA Action was DNS for all projects listed, with one exempt.
He then questioned if those on the Council were fully aware of SEPA
regulations, and the rules, and asked for a show of hands. He
explained in 1971 the State mandated a state policy that would
promote efforts to prevent or eliminate damage to the environment.
On August 26, he questioned Mr. Mathes how much writing was done in
his development of this DNS? Mr. Mathes responded it was customary
for staff reviewing a checklist to provide margin notes on each
item; however, in the 20+ pages of this checklist there were no
marks in the margins. He had reviewed the files, going back to
1993, and found this was typical of approximately half or more of
the last six DNS issued. Mr. Wriqht stated this showed a pattern,
then questioned if a detailed statement by the responsible official
on the environmental impact of the proposed action was provided, as
mandated, and if comments from any public agency that had
jurisdiction by law or has special expertise with respect to the
environmental impact, were obtained? Mr. Mathes stated prior to
making the DNS, the State Department of Fishery was consulted in
the field. Mr. Wright submitted the SEPA and the SEPA rules into
the record, and stated due to the importance of this action, he
requested that Council briefly peruse the highlighted sections
prior to making a determination. He then referred to the
Environmental Checklist and SEPA Rules, and went over the
"Instructions for Applicant". He had previously gone through the
document and noted questions he felt were pertinent to the
environmental integrity of SEPA. He addressed #11's comments:
"Install three pilings (waterwards of hiqh water mark) to secure
92' walkway to 8' by 10' landinq. For private recreational use,"
and noted no mention was made that concrete bedding pads would be
installed. He directed Council's attention to the section
relating to Environmental Elements, which are questions that do not
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deal with this specific unit, so the answers are not pertinent. In
his view, SEPA is a very generic document that was produced in the
70's to create a system that would cause oversight of everything
from a nuclear reactor, floating docks, livestock along rivers,
et.; therefore, there are lots of areas that would not be pertinent
to this issue. He referenced a section titled "Animals" and noted
no answers were given relating to birds, animals or fish that could
be observed near the site or known to be on or near the site.
Under that same section (5c) there is a "no" answer to the question
"is the site part of a migration route?" Mr. Wright believes that
answer should be yes. He emphasized SEPA mandates that it be
filled out in a manner that is brief, full and complete and the
signature pages states that the information has been appropriately
provided and the person filling it out must then sign the document.
Mr. Wright pointed out in the subject SEPA document there was no
signature page and it went through the Planning Commission review
process in an incomplete state.
Under the section addressing "Environmental Health, all questions
were answered in the negative. Mr. Wright pointed out a sewer line
runs directly underneath the proposed dock area. He questioned how
would the City access that sewer line, if there was a problem?
And, under that same section addressing impact of noise, the answer
of "none" did not take into consideration noise from a pile driver
that would be required to build the dock. SEPA speaks to
uniqueness.., the subject channel is the only one of its kind in
the State of Washington.
Mr. Wright addressed the section having to do with AESTHETICS and
the question "What is the tallest height of any proposed
structure(s), not including antenna? The corresponding answer was
N/A. Mr. Wright stated when the low tide is out there will be 15
foot towers and when it is full the structures will stick out of
the water 3-4 feet. And, under that same section (10b) it
questions what views in the immediate vicinity would be altered or
obstructed? The corresponding answer was "NONE".
Under the section addressing RECREATION, Mr. Wright questioned the
"NONE" answer to the question: "What designated and informal
recreational opportunities are in the immediate area?" He pointed
out the uses of water skiing, swimming, boating, walkers along the
beach, etc. He emphasized the Planning Department personnel gave
the answers no credence.
Mr. Wright referenced Section D(5) - SUPPLEMENTAL SHEET For
NONPROJECT ACTIONS - How would the proposal be likely to affect
land and shoreline use, including whether it would allow or
encourage land or shoreline uses incompatible with existing plans?
Corresponding answer - NOT LIKELY. In Mr. Wright's view that was
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a false answer because it will have an affect because other
requests for docks will be brought before the Council.
If the City Council finds in any other way other than in opposition
to the abhorrent ruling by the Planning Department, which was done
with total disregard to SEPA, they are not doing their job. He
believes the Council role is to represent the people and to follow
the laws of the State of Washington.
The following individuals spoke in support of Mr. Wright's appeal.
Gerry Peret, Marine Drive resident; Kathy Gallagher, Marine Drive
resident; Kathleen Wright, Poulsbo resident; Bernard Holland, S.
Marine Drive resident; Suzanne Holland, S. Marine Drive resident;
John Sitton, S. Marine Drive resident. Gar Freymann, Bremerton
resident.
The following comments were made by the above named individuals:
(1) A picture was passed out that was taken in front of Mr. Reed's
home showing the narrowness of the channel at low tide. (3) safety
for boaters and water skiers. (4) Installation of piling could
diverting the current coming through the channel and affect the
siltation process. (5) The channel has a cut throat run, smelt
area next door to the Holt's property and onion jellyfish that come
in and out the bay every third year. (6) The channel is filled
with oyster and clam beds. (7) Variety of bird life inhabit the
channel and bay areas. (8) Sea Otters also inhabit the area. (9)
If approved, Council would be setting a precedent. (10) Per WAC,
if additional information is provided or if there is reason to
believe the DNS was obtained by misrepresentation or lack of
material disclosure, then the lead agency shall withdraw the DNS.
The incompleteness of the Environmental Checklist is obviously lack
of material disclosure and the lead agency is required to withdraw
the DNS. (11) If docks are allows on the channel that are built
across from each other, 50% of the channel will be blocked and
would restrict the waterway, which is public property. (12) If
docks are allowed to be built along channel, it will restrict
access to the City's sewer line. (13) Eighteen foot high pilings
on either side of the channel are significant. (14) Recreational
uses of the channel include: trout fishing, water skiing, sail
boats, which will be impacted significantly if docks are allowed
along the channel. (15) Misleading information as to State agency
approval (Page 263 of the Council Agenda Packet). (16) The City
Council's job is to be good stewards and to represent all the
people, not just one individual. (17) Leave the waterways for the
public's use.
President Farr asked the City attorney if Mrs. Wright's statement
that the lead agency "shall withdraw" leaves an option to remand
the issue? Mr. Sievers stated it is based on the content and this
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is more of holding the applicant responsible or some intentional
act of misrepresentation or materially not providing information.
In those cases, the DNS is withdraw, but a new Checklist is
prepared by either the agency, which would be the City, or paid for
by the applicant. The checklist process is taken over because
there is some intentional misrepresentation or lack of providing
information. The Checklist can also be found to be inadequate or
insufficient and remanded back for further information that can be
provided as a supplement by the agency, which is less accusatory.
Mr. Mathes stated there is only one appellant per appeal and
Richard J. Wright is the appellant in this instance. He quoted the
following statement from the appeal: "The relief sought is reversal
of the DNS to become a "Determination of Significance." He stated
even though there may be many holes in the information and under
the best of circumstances more information could have been
provided, he did not think Council heard the word significance,
probable or likely, which are the three key words that Council
needs to find in order to make a Determination of Significance.
Mr. Wright's appeal references a "75-foot dock", when in actuality
the proposed dock is 120 feet ( 75-foot floating dock would be
attached to a 38 foot fixed pier and connected by a 10-foot gangway
(not included in total length of dock), which would deal with the
18-foot tide change in the subject area. The structure would cover
air space over the water, it does not cover the water surface area.
Someone brought up an issue about a stone bulkhead encroachment;
however, the City does not have any record on file for any
encroachment and he believes the applicant has a statement obtained
that the bulkhead existed in the present location on the Reed
Property and the adjacent property since 1940. That document is
available for Council's review. He pointed out members of the
public had access to the drawings of the dock that showed actual
dimensions. Another issue brought up was the SEPA amendment can be
used to redescribe the project. This was done successfully for the
Targett Dock DNS and for Kitsap Service Center when new information
was available, which is recognized under SEPA rules. On file is a
letter of shared use from Jane Erlandsen dated May 21, giving
permission to the current location of the existing fixed pier that
lies closer than the setback would normally allow. The 7.5 foot
setback does exist from both the lateral and sewer main, which is
the standard the City requires for access for service. The
existing pier is three feet wide, as permitted and is longer than
25 feet that was permitted in 1991. Although the State Department
of Fisheries has acknowledge a larger size pier is not a problem
and that documentation is on file, in 1997 they do not feel it is
significant and they do not provide permits in arrears, but find
no relevance or significance in moving forward and attaching more
dock. There was mention that the pier is illegal or non-
confo£ming; however, that is not the case in that the applicant has
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also sought what the Shoreline Code provides. The height
requirement is a Shorelines Substantial Development review issue
that should not be addressed during this hearing.
Addressing the issue of removal of notices at property address -
the City's common practice is to post notices on properties, check
them once during the notice period and then remove them at the end
of that period.
Mr. Mathes disagreed with the statement that one dock is misguided
progress. The Shoreline Plan does enable piers and docks to be
permitted within the existing guidelines and regulations. In fact,
the City has provided and considered over six applications for
docks and more than four are currently built. Therefore, he does
not believe there is a basis for a finding of Determination of
Significance; however, he agrees there is room for improving the
level of information. It occurred to him that most of the people,
who have acted to take on this issue, know the information that has
been presented, i.e. representatives from Fisheries, Department of
Ecology, etc.
The following individuals spoke in support of Mr. Mathes'
presentation: Jim Reed, Madrona Point Drive resident; Don Holtz
Madrona Point Drive resident. '
The following comments were made by the above named individuals:
(1) Usually, when someone makes an appeal or takes legal action
against one issue or another their standing has to be established.
No one has addressed the fact that Richard and Suzanne Wright are
not residents of the City of Bremerton, but reside in Poulsbo. (2)
Appellant has not provided how the proposed dock would adversely
affect him personally. (3) Mr. Reed presented a signed, notarized
statement that addresses the existence of the bulkhead prior to the
1971 Shoreline Master Program. (4) No information has been
purposely withheld.., the environmental issues on fish runs and
bird habitat have been addressed by the Department of Fisheries in
a 3-page conditional HPA. (5) The ramp dimensions is not known at
this point because the actual design of the dock is not final.
And, the floating part of the dock will extend 75 feet into the
water. (6) The side yard setback has a special exemption clause
in the Shoreline Master Program, if a joint use agreement is
obtained. (7) Access to the City's sewer line has been address by
the setback requirements. (8) The legal term for the channel is
technically the northern exit of Oyster Bay. (9) Because the
City's has a moratorium on dock applications, there will not be a
rush of applications until the Shoreline Master Plan is amended.
(10) Bremerton needs some progress. (11) The Department of
Community Development Director Donald Pratt granted approval for a
150 foot dock in Oyster Bay in May 21, 1996; and a Hydraulic Permit
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was granted from the Department of Fisheries, which required
extensive work. (12) A professional survey by Parametrix, Inc.,
was presented detailing the channel to be 637 feet wide.
Mr. Montgomery asked if he heard Mr. Mathes say that he makes
notations on the right hand column of the Checklist as he makes his
review? Mr. Mathes stated that is the procedure used, if comments
are made. Out of the six DNS that have been issued since 1993,
about one half have had comments on every fifth item and the other
half had no remarks at all. Mr. Montgomery questioned the absence
of Page 7 of the checklist? Mr. M&thes stated the appellant has
looked at page 7 and agrees with the original. Mr. Montgomery
stated in order to make a decision he needs complete documents. He
has raised similar concern on other issues, and questioned the
exclusion of a signature page? Mr. Mathes stated he was at fault
for the missing Page 7 and the omission of the signature escaped
his attention due to the applicant presenting other documents
requiring his signature that he was providing honest information to
the best of his ability. The applicant did sign the joint use
application peri, it to the Department of Fisheries and to the U.S.
Army Corps Of Engineers. Mr. Mathes believes the applicant was
given a packet that was missing Page 7. Mr. Montgomery stated
Council does not expect clerical errors and expects a complete
document prior to making their decision. He would concur with the
appellant that the SEPA is not a good document and understands how
it could be confusing to the public. He was not ready to vote on
this issue until a complete document is presented.
Mr. Winters asked Don Pratt how many years he has served as the
Director of Community Development for the City? Don Pratt,
Director of Community Development stated 14 years. Mr. Winters
asked if at some point in time during those 14 years, he
experienced situations where pages were missing from documents
presented to the City council? Mr. Pratt stated yes, more than
once. Mr. Winters asked Mr. Pratt if his recommendation to affirm
the SEPA DNS decision was 100% recommended by staff within the
Department Of Community Development? Mr. Pratt stated no, they
responded to the argument of the appeal and he deferred any
decision to be made by the City Council. He concurred with Mr.
Mathes's earlier comments that there are problems in the document.
Mr. Overson questioned the kind of project that would warrant a
significant determination? He pointed out the Overwater Park
Project (boardwalk) did not even require an EIS. Mr. Mathes' memo
to file shows a consistent history of proper determination that has
been supported by State agencies and he could not find objective
standard.
#1634 M/S/C(Overson/Winters) Motion to affirm the SEPA DNS decision.
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City Council Reg.
August 27, 1997
Page 27 of 29
Mtg. Minutes
Mr. McConnell stated his concerns as follows: (1) the document was
more concerned with building buildings on lots than the waterfront.
(2) No birds or animals of any kind were identified as inhabiting
the subject area. Because of that answer, Mr. McConnell suspected
the accuracy of other answers. He also questioned the answer that
there would be no noise associated with the proposed dock project.
He noted the current Shoreline Master Program designation was
listed as "NONE;" however, he assumed the Department of Community
Development would have provided that information to the person
filling out the form. In his opinion, the problem with this issue
was not with the application for a dock, but rather the information
provided by City staff.
Mr. Colvin questioned the accuracy of Mr. Mathes' earlier
statement that no other docks can be built after Mr. Reed's is
built. Mr. Mathes questioned if he made such a statement; however,
if it appeared he did he believed it referenced the moratorium that
is currently in place. Mr. Colvin asked the City Attorney if that
statement was accurate? Mr. Sievers explained several applications
for docks have already been submitted to the Department of
Community Development. During the moratorium no docks will be
built; however, that is a short duration and applications for new
docks will be submitted under new regulations.
Mrs. Huff-Menees stated she shared Mr. McConnell's opinion that the
process involved with the document is an insult to the City
council, Mr. Reed as an applicant and this process is an insult to
the appellant and those who have spoken in support of the appeal.
The regulations having to do with SEPA are very definitive and what
has been presented does not come anywhere close to compliance. It
disturbed her that Mr. Mathes threw off the issue of missing pages
and no signatures and points within the checklist that have not
been addressed. She was not impressed with his presentation and
she was sincerely disappointed that the City has a process as
flawed as this situation.
Mr. Montgomery stated his comments on the SEPA Checklist are not a
reflection on Mr. Mathes; however, the form itself is a poor
example of proper documentation and he favored having the
Department of Community Development take another look at this issue
to get it in accordance with SEPA regulations. He did not see how
he could make a determination when he did not have a good
understanding of the information provided.
Mr. Neville questioned if he understood correctly that the
appellant's appeal was submitted May 16, 1997, and that it is to be
acted upon with 90 days? He asked if there was a reason why the
appeal had not been acted upon within that 90-day period? Mr.
Pratt explained there were negotiations as to when these kinds of
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August 27, 1997
Page 28 of 29
issues should be heard and decisions made. He recalled there was
concurrence among the parties that going beyond the 90 days was
acceptable. Mr. Neville asked Mr. Pratt to expand his explanation
as to the major issues causing the delay. Mr. Pratt stated he
recalled their trying to figure out how the regulatory reform
requires the SEPA decision to go forward with the decision on the
dock itself, which actually did not happen. Mr. Neville questioned
if the easy way out was a DNS? Mr. Pratt stated he did not think
it reflected on the DNS and the merits of the DNS stand alone. Mr.
Neville stated an earlier comment was made that some items had been
whited out in the Army Corps Of Engineer's document. He asked if
there was a specific reason that should have happened, if it did?
Mr. Pratt stated he did not have an explanation; however, his
understanding of the process is the Army Corps of Engineers
document had no bearing on the SEPA determination and has little
bearing on the City's actual decision on the Shoreline Permit
itself. Mr. Mathes explained the applications go to the City at
the same time they are processed through the State agencies and
that was the reason why there was no identification number, date of
application or date of approval for the three permits listed. It
is not an omission or white-out, just the best information
available at the time.
President Farr asked Mr. Mathes to clarify if a DNS is overturned,
will it automatically invoke the requirement for the applicant to
prepare an EIS? Mr. Mathes stated as he understood SEPA rules,
overturning the decision allows the Council to either find that
there is a Determination of Significance and immediately following
that decision EIS scoping would occur.
TAPE #1490
During that EIS scoping process, the applicant would have the
opportunity to address each impact as it comes up and if it is
possible to mitigate those impacts there could be a finding of
Mitigated Determination of Nonsignifiance (MDNS). The MDNS would
be something between the DNS and DS finding, but is an inner active
process that would happen after Council's decision. The City
Council could make a decision, at this time, to overturn the DNS
and either stipulate exactly what Council wants in replacement of
that DNS or
leave it open for the process under the rules to decide if it would
be a MDNS or EIS
President Farr asked if Mr. Mathes had seen very many requirements
for applicants to prepare an EIS on a 75 foot wooden floating dock?
Mr. Mathes stated no, and his research included looking to other
Puget Sound regional areas. President Farr stated he believes
there are problems with the preparation of this particular form,
and on a broader issue some of the Council feels the form isn't
appropriate to all situations, which is not the issue before
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City Council Reg. Mtg. Minutes
August 27, 1997
Page 29 of 29
Council. His preference, if Council takes action to make
corrections, is to send the form back to have the blanks filled in
and have a more judicial scruteny.
Mr. Montgomery pointed out the proposal is to construct a pier, not
a "little wooden float", which could impact navigation. The
question before Council is whether or not the DSN is correct and he
believes it is not.
#0101 Vote on motion: In Favor: Winters, Farr, Overson
Opposed: Montgomery, Huff-Menees, Neville,
Law, McConnell, Colvin
Motion failed.
#0124 M/S/C/U(Montgomery/Colvin) To remand to Department of Community
Development to require complete, sufficient and detailed
information in the SEPA Checklist on thosequestions that cover the
major environmental issues on this project, to be used for a new
threshold determination.
President Fart thanked the TV camera crew for their services: Bob
Neil and James Nobel, Jr.
With no further business meeting adjourned at 10:15 P.M.
City of Bremerton
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