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TAPES #1608 & 1609
CITY COUNCIL MEETING MINUTE8
APRIL 14, 1999
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, Apdl 14, 1999, at 5:30 P.M.,
with Council President Mike Shepherd presiding. Council members present were Jim Reed. Carlos
Montgomery, Carol Arends, David Farr, John Law, Cecil McConnell, and Wayne OIsen. Council
member Lon Overson was absent. Also present were City Attorney Glenna Malanca, Deputy Clerk
Paula Johnston, and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation
given by Reverend A.L. Baunsgard of Hillcrest Assembly of God.
President Shepherd made the following announcements:
(1) City Council held a Study Session prior to the meeting to discuss general Council business,
followed by a Study Session from 5:05 to 5:25 to discuss "Urban Growth Boundaries,
Economic Development, and Cost Sharing";
(2) The Study Session originally scheduled April 21, 1999 to discuss "Comprehensive
Plan Updates" has been cancelled, and will be discussed at the City Council Work-Planning
Session scheduled for May 10, 1999 from 5:00 to 9:00; and
(3) Items "'IOA - Resolutions" and "9A - New Business" will be relocated on the Agenda tonight,
and heard after Item "7 - Legislative Report".
CONSENT AGENDA
A. Minutes of Meeting - March 24, 1999 #AB99-064
B. Minutes of Meeting - March 31, 1999 #AB99-065
#0015 M/S/C/U (McConnell/Montgomery) 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.
#0040 M/S/C/U (Montgomery/Arends) On April 14, 1999, the Council does approve for payment
those vouchers included and further described as follows: 229720 and 229739 through 229942 in the
amount of $1,042,226.19.
COUNCIL MEMBER REPORTS
Mr. Montgomery announced Districts 6, 7, & 8 would hold a combined meeting Thursday, April 22,
1999 at the Bremerton School Administration Building located 134 N. Marion, 7:00 to 9:00 P.M.
Bremerton Police Officer Dave Hughes from the Canine Unit, along with "Quasar" will be in
attendance, as well as Mayor Lynn Horton.
Mr. Farr discussed the Study Session held prior to the Council meeting on the topic "Urban Growth
Boundaries, Economic Development, and Cost Sharing" with Sherril Huff-Menees and Mary McClure.
TAPES #1608 & #1609
City Council Reg. Mtg. Minutes
April 14, 1999
Page 2 of 6
He commended them for their work, and believed the end result of what they are attempting to
accomplish, will be better communication between the citizens of the County and elected government
officials.
Mr, Law reminded citizens to attend the next District 3 meeting will be held next Tuesday, April 20,
1999, 7:00 - 9:00 P.M. at the Senior Center located at 13th & Nipsic. New Kitsap County Sheriff
Steve Boyer will be the special guest speaker.
Mr. McGonnell announced a District 1 & 2 "Town Meeting" tomorrow night at the Sheridan Park
Community Center, 7:00 - 9:00 P.M. Mayor Lynn Horton will be in attendance.
President Shepherd announced the "First Friday Art Walk", with related activities, was a
phenomenal success, and added the Vintage Clothing exhibit would be in Bremerton another couple
of weeks. He reported on his participation at a breakfast-conference presentation last week with
Congressmen Jay Inslee and Norm Dicks to discuss the future of military activities and economic
forces in the City of Bremerton as well as all of Western Washington. Lastly, he elaborated further on
Mr. Farr's comments regarding the Study Session held earlier.
MAYOR'S REPORT
Mayor Horton attended the Change of Command ceremony of Rear Admiral Center, which was well
attended. She sadly reported that Reverend Cleveland Williams has been reassigned to a Church in
Seattle. She stated his departure will "leave a hole" in the community, but wished him well.
LEGISLATIVE REPORT
Mr. H.H. Buck King, Jr., Commander of VFW Post 239, voiced his concerns at the April 7, 1999
Council meeting, regarding the poor condition of the American Flag and P.O.W. Flag that fly at
Bachmann Park. Jim Spencer, Interim Director of the Parks Department notified Don Hock, Facilities
Supervisor, who made arrangements for the City's bucket truck on March 31, 1999 to replace both
flags and also repaired the retainer ring on the pole. Mr. Spencer stated he fully appreciates the
serious symbolism associated with the flag, and recognizes the need to display it properly. He
appreciated the offer of free flags from Mr. Buck, and will take him up on his offer the next time the
City needs to replace any flags.
10A - RESOLUTION NO. 2699, APPROVAL OF APPLICATION TO THE US DEPARTMENT OF
JUSTICE FOR THE ACQUISITION OF THE PARK PLACE BUILDING, #AB99-071
The General Services Administration has declared the Park Place Building at 808 Burwell surplus
government property and available for disposal. The attached Resolution approves application to the
Department of Justice for use as a Criminal Justice Center. The property will be surplused at no cost
to the City.
Mayor Horton stated the City has the need for another City Hall building to "reunite" a number of
departments under the same roof, including the West Precinct, Police Department, and Municipal
Court. The City could then add an additional building on the property already owned by the City,
which is behind this building. She believes this method would be more cost efficient, since the
current building housing City Hall needs a new roof at a cost of $100,000, as well as other issues.
This Resolution will keep the City's options open.
Public comment - none.
TAPES #1608 & #1609
City Council Reg. Mtg. Minutes
April 14, 1999
Page 3 of 6
Mr. Farr complimented the Mayor on "her vision", and felt this was a smart move.
Mr, Reed clarified City would be required to spend the "value" of the building to the Government
($350,000) for rehabilitation. He stated he did not believe this was a good location, and that it was
also not good to rehab old "dumps". He believes the City could do better. Mayor Horton responded
that the City has funding available to do a minimally sized building, but not the funding to build a
brand new building of this size from scratch. This building would provide the City an option to get into
a newer building, with a new wing at far below the cost of a new building, and provides a compromise
to what the City has now.
Mr. Law stated he would much rather the City of Bremerton have control of the building than to have
it go to an agency that may not be directed towards the benefit of the City.
#0763 M/SIC (Montgomery/Arends) Motion to approve Resolution No. 2699 supporting Application to
the Department of Justice for acquisition of the Park Place Building.
Vote on motion: In Favor: Law, Farr, Arends, Montgomery, McConnell, Shepherd
Opposed: Reed, Olsen
Motion carried.
9A - APPOINTMENT OF RICHARD NEVILLE TO THE CIVIL SERVICE COMMISSION - #AB99-066
It is recommended Richard Neville fill the vacancy on the Civil Service Commission.
Mayor Horton provided a brief history of Mr. Neville's experience, and highly recommended him for
this appointment.
#0850 M/SIC (Farr/Montgomery) Motion to confirm the appointment of Richard Neville to the Civil
Service Commission.
Vote on motion: In Favor: Farr, Arends, Montgomery, Reed, Olsen, McConnell,
Shepherd
Abstained: Law
Motion carried.
PUBLIC RECOGNITION
Jeff Alavado, Supervisor of the Glenn Jarstad Aquatics Center, invited the public to the 6th Annual
"April Pools Day" on Saturday, April 17, 1999 at 1:30 P.M. to promote water safety.
Jim Hokeston, WestSound Arts Council, provided information on upcoming art events.
Don Larson, congratulated the City on winning the "Vision 2020 Award"; and invited the public to
attend the Sinclair Inlet Clean-Up and Marine Fair this Saturday, April 17, 1999.
TAPES #1608 & #1609
City Council Reg. Mtg. Minutes
April 14, 1999
Page 4 of 6
11A - PUBLIC HEARING AND RESOLUTION NO. 2700, APPROVAL OF A SPECIAL USE
PERMIT FOR TWO GROUP RESIDENTIAL FACILITIES - CLASS I; APPLICANT: INLAND
EMPIRE RESIDENTIAL RESOURCES; LOCATION: 1006 & 1008 9TH STREET. #AB99-068
Council must decide if the applicant's Special Use Permit Application (SUP99-0001) meets the
necessary tests and criteria required for approval of the Group Residential Facility - Class I use.
President Shepherd explained this was a quasi-judicial hearing, and read the "Appearance of
Fairness Doctrine", with all Council members remaining seated. Mr. Shepherd stated he participated
in public meetings on two different occasions, met with different individuals, and talked with parties
both for and against this issue several times. He stated he was not prejudiced in any way, for or
against, this project.
Jon Holan, Planning Manager, provided a brief history on what has transpired with this project to
date. He believed the major issue tonight would deal with traffic circulation, due to portions of this site
being used for access by several property owners over the years. Therefore, staff recommends that
a condition be added to the Resolution stating the barrier-free space be located in the middle of the
parking field, rather than on the side, as proposed, to improve access into the site. Four photographs
were shown to provide an overview of the site from 9th Street.
Ronald C. Templeton, Attorney representing the adjacent property owner, the Calnan family, asked
the Council to 1) Defer the actual issuance of the permit until Kitsap Superior Court has an
opportunity to determine the extent of the Calnan's historical easement rights over the property in the
action now pending between the Cainan's, Inland Empire, and Communitas; and 2) Insist the
applicant comply with the zoning ordinance. He then presented in-depth information to explain the
position of the Cainan family, and their reasons for opposing this project in this location, which
included the issue of res judicata and density.
Public comment was provided by the following. in favor of this Application:
Darryl Reber, Executive Director of Inland Empire; Alan Petersen, Director of Service Coordination
for Communitas; Mike Blacknail, ARC President and Parent; Vera Kolegraf, parent of potential
resident; and Brenda Isaia, Service Coordinator with Communitas; and Brett White, Director of
Communitas.
Ruth Natividad and Roy Mclnnis asked why an amendment to the plans could not be made, so a
compromise could be reached.
Dave Wood, Contract Lobbyist at State Legislature, primarily for disability issues, reported that on
Friday, the State Senate passed a Capital Budget which included $5 million out of the housing trust
fund for the specific purpose of developing housing for developmentally disabled people. He stated
this type of housing is extremely important, and couldn't understand why the City of Bremerton is slow
reacting to these needs.
TAPE #1609
Joe McCarthy, Attorney representing Inland Empire Residential Resources and Communitas, the
two applicants for the proposal, began by submitting a memo concerning the facts and legal issues, in
TAPES #1608 & #1609
City Council Reg. Mtg. Minutes
April 14, 1999
Page 5 of 6
addition to a supplemental memo addressing the technical issues on density raised by Mr.
Templeton, which were entered into the record.
Ms. Malanca stated the record consists of the materials that came with the staff report and materials
gathered through the permitting and application process, and the testimony tonight.
Mr. McConnell expressed his concerns about the current litigation on this issue, and felt the Council
should defer any decision on the matter until the Court has adjudicated it. Ms. Malanca
recommended that Council hear all testimony, then close the hearing without making a decision
tonight.
Mr. McCarthy referred to the transcript of the "March 16. 1999 Planning Commission Meeting" to
support the staff's conclusion and recommendation that this Special Use Permit is not subject to the
doctrine of res judicata. He continued to describe the project, and the need to provide the best
service to the clients. He discussed the Community Development Department's role, and the
misinformation received by their staff in the beginning of the permit process. He concluded by stating
the issues are 1) Does this project, as proposed, have significant adverse environmental
consequences, and 2) Is it compatible with the surrounding neighborhood. He confirmed that Jon
Holan, City Planning Manager, addressed these issues very clearly in his testimony and in the staff
report, and recommended approval. He discussed the Calnan's two arguments, 1) density; and 2)
the lawsuit. He stated this was a Special Use Permit for a group residential home, and the Zoning
Ordinance excludes group homes from the density standard. He confirmed the fact that the Calnan's
have filed a lawsuit, but he did not believe that approving the permit tonight would impact the other
issues involved, which would be resolved by the court.
Dan Calnan acknowledged that this was a great program, however he opposed this project due to his
belief the proposed structure is too big for the lot. He also stated his family has an ownership interest
in the property, and did not participate in the application. He believed Council did not have the right
to grant the permit without all of the owners entering into the request.
Comment was closed to the public, and open to the Council.
Mr. Montgomery referred to Chapter 21.02.070 of the B.M.C., and concluded this was a Single
Family Dwelling with an Accessory Dwelling, which means a Special Use Permit was not needed. He
further stated that Bremerton has more low-income housing than any other area of the County,
Mr, Holan elaborated further on the issues brought up at the Planning Commission. At that time,
staff had communicated their interpretation that Density was not the issue. Per the definition in the
Zoning Ordinance, Density does not apply to a Group Care Facility, it requires a Special Use Permit.
The City Council is then required to make five findings to support or deny a particular project, such as
whether it is compatible with the surrounding neighborhood.
Mr. Reed offered his observation that the issue before Council was to approve a Special Use Permit
for a Group Home. He could see both sides of the issue, however, he would rather not be spending
time on an issue, where pending litigation could change the outcome.
15-minute recess was taken to replace the video.
TAPES #1608 & #1609
City Council Reg. Mtg. Minutes
April 14, 1999
Page 6 of 6
Knute Rife, Assistant City Attorney, clarified that the pending litigation concerned a neighbors' rights
of access across the subject property. The Superior Court action should not be considered relevant
as far as this determination, since the City does not have a role in the litigation. If there is an
approval, and there is potential harm, the litigants have their remedy through the court action.
Mr. Holan clarified that a third condition was left out of the Resolution by an oversight. It adopted a
staff recommendation of recording a covenant prior to occupancy that any change in use from a
Group Residential Care Facility require review and approval by the City of Bremerton to ensure
compliance with applicable development requirements.
Mrs. Arends was concerned with inadequate parking space, even if the residents don't drive. There
will be visitors from staff, family, and friends, and provisions should be made. She questioned
whether the sight could be enlarged to accommodate more parking and recreational space. Mr.
Reber stated he looked at every available site, and this one was chosen because it met all their
needs, and described the park across the street. They had to look at cost, and purchasing adjoining
property was not possible.
Mr. Farr clarified the requirement for Council action was to decide if the applicant's Special Use
Permit application meets the necessary test and criteria required for approval of the Group
Residential Facility Class I use, and summarized the five criteria to be considered. He stated both
the Planning Department staff and the Planning Commission have gone though each of these
questions, and answered yes to them.
#3258 M/SIC (Arends/Farr) Motion to continue this Public Hearing for the Special Use Permit for two
Group Residential Facilities - Class I for two weeks, to April 28, 1999.
Vote on motion: In Favor: Arends, Reed, Olsen, McConnell, Law, Farr, Shepherd
Opposed: Montgomery
Motion carried.
With no further business meeting adjourned at 8:17 P.M.
City of Bremerton
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