HomeMy WebLinkAbout01/03/96 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
JANUARY 3t 1996
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members
in advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Minutes - November 29, 1995
#AB96-001
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Appointment Of Wanda L. Butler To The Parks
And Recreation Commission
#AB96-002 ~~
AGENDA BILL ..
BREMERTON CITY COUNCIL
1. SUBJECT: MINUTES -'NOVEMBER 29, t995
1-3-96
FOR AGENDA OF:
ORIGINATING DEPT: Q~t¥ Co,mci]
ORIGINATOR: Sherril ~uff-~n~ Pres.
DATE SUBMITTED: -- '-
2. C__I~NCES: (comment on back
if necessary)
3. EXHIBITS:
ENDORSEMENT__ INFORMATION__
MAYOR
APPROVED BY coUNcIL PRESIDENT FOR SUBMITTAL:
coUNCIL PRESIDENT-~~ /~///~~
4. SUM~Y STATEMENT AND REOUIREMENT FOR'COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOT~CE OF ACTION
APPROVED DISAPPROVED
DATE:
~ED
TAPE #1339
UNAPPROVED DRAFT
CITY COUNCIL NEETING MINUTES
NOVEMBER 29~ L995
#0019
#0033
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, November 29, 1995, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, David Farr, Richard Neville, and Lon Overson.
Councilman John Law was absent. Also present were City Attorney Ian
Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Pastor August
Lubkeman of Memorial Lutheran Church.
CONSENT AGENDA
A. Minutes - November 1, 1995
#AB95-261
M/S/C/U(Neville/Farr) 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.
M/S/C/U(Colvin/Dawkins) on November 29, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 189854 through 189857, 189875 through 190023 in the
total amount of $448,276.21; and Retirees' Payroll for the period
ending November 30, 1995, in the amount of $85,056.62.
COUNCIL MEMBER REPORTS
Mr. Colvin thanked the many citizens, who sent him cards and
letters, and the nurses and doctors at Valley General Hospital for
their taking care of him. He is looking for his "lost" raincoat,
which disappeared from the Council office area.
Mr. Winters sent get well wishes to his uncle, Irv Winters, who
recently suffered a minor heart attack. He extended a special
"welcome" to a group of people recently transferred to this area
from Alameda, California, and Philadelphia.
I~YOR~S REPORT
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City Council Reg. Mtg. Minutes
November 29, 1995
Page 2 of 23
Mayor Pro Tem Bob Winters read the following Proclamation:
December 1, 1995, as WORLD AIDS DAY. Deborah Wilson, HIV AIDS
Education Program Coordinator for the West Sound Chapter of the
American Red Cross, thanked the Mayor and City Council for
recognizing this important day.
Police Chief Paul Du-Fresne presented Terry Welling and Rob Forbes,
two members of his department, to be commissioned to the rank of
Lieutenant. Municipal Judge Bruce Martin administered the oath of
commissioning.
PUBLIC RECOGNITION
Phil Drouin, Bremerton resident, asked why is the City charging a
City tax on the garbage dumping fee? It concerned him that on his
current bill $1.08 was being paid to the dumping fee. He stated he
is an advocate for needy families and is speaking on their behalf.
The only way they can get their money to pay their refuse bill is
to do without in a lot of cases. Many people come to St. Vincent
DePaul asking for help to pay their utility bills, rent, etc.. He
asked that a written explanation be given to him on why the City is
charging a tax on the dumping fee.
Carol Atklnson, Bremerton Main Street Association, announced on
Friday at 5:30 P.M. Santa will arrive on a City Fire truck and
greet children and families on 4th Street. This event is sponsored
by the Bremerton Main Street Association, The Sun, Americorp,
downtown Bremerton Payless store, Bremerton Kiwanis Club, Bremerton
High School Key Club and Olympic College Girls Basketball Team.
She also wanted to draw everyone's attention to the fact that
holiday banners have been hung.
Pe~v Atkins, old Belfair Highway resident, asked when will the
City clean up debris along edges of the pavement along the old
Belfair Highway following the removal of trees along that area.
She felt it was dangerous for walkers and bikers traveling using
that roadway.
7A - ORDINANCE NO. 4534 (SECOND READING), AN~NDN~NT TO CITY FIRR
CODE AND ADOPTING THE 1994 UNIFORM FIRE CODE UNDER BMC CWaDTER
#0626
18.0Z AND 18.08, #AB95-ZSZ
Public comment - none.
M/S/C(Montgomery/Farr) to pass Ordinance No. 4534 on second
reading, adopting the 1994 Uniform Fire Code to ensure public
safety in all structures, amending Title 18 of the Bremerton
Municipal Code.
Vote on motion:
In Favor: Overson, Neville, Fart, Law,
Huff-Menees, Montgomery, Dawkins
#0653
#0682
#0707
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Page 3 of 23
Colvin
Abstain: Winters
Motion carried.
7B - ORDINANCE NO. 4535 (SECOND READING), REDUCING T~ B&O TAX ON
GARBAGE AND REFUSE BUSINESSES, ~AB95-253
Public comment - none.
M/S/C/U(Montgomery/Dawkins) to pass Ordinance No. 4535 on second
reading, relating to occupation tax for the garbage and refuse
businesses, and amending Chapter 5.02 of the Bremerton Municipal
Code.
7C - ORDINANCE NO. 4536 (SECOND READING), DECLARING AN ARR~ OF
URBAN BLIGHT IN THE VICINITY OF ROGERS ROADt ~AB95-25~
Public comment - none.
M/S/C/U(Montgomery/Dawkins) to pass Ordinance No. 4536 on second
reading, declaring an urban blight area in the vicinity of Rogers
Street, adopting an urban renewal plan for the area, and
authorizing the City's power of eminent domain to implement the
plan.
7D - ORDINANCE NO. 4537 (SECOND B~ADING), A]~_NDNENT TO CITY
BUILDING CODE ADOPTING 1994 EDITIONS OF UNIFOP~BUILDING CODES AND
STATE BUILDING CODES UNDER B.M.C. CHAPTER 17.04, INCLUDING A 10~
FEE INCREASEr ~AB95-260
Public comment - none.
M/S/C/U(Overson/Montgomery) to pass Ordinance No. 4537 on second
reading, adopting the 1994 editions of the Uniform Building Codes
and State Building Codes, and amending Chapter 17.04 of the
Bremerton Municipal Code.
PUBLIC HEARING ON APPEAL OF PL~trNING COI4I(IBSION'S DECISION TO
UPHOLD THE DENIAL OF A SHORT PLAT APPLICATION; APPELLANT: L~P
FOWLER~ #AB95-217
The appellant's application is to create three (3) lots from a 0.45
acre parcel located on the north side of Burwell Street,
approximately 140 feet west of Marion Avenue. On appeal, the
Planning Director's original decision to deny was upheld by the
Planning Commission. BMC 21.02.930(2-b) designates the City
Council as the hearing body for appeals of Planning Commission
decisions.
When hearing an appeal, the City Council may take any of the
following actions:
1)
UPHOLD the Planning Commission's decision, DENYING the Short
¥
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2)
3)
Plat;
OVERTURN the decision APPROVING the Short Plat (the City
Council must make specific findings and conclusions for
approval);
MODIFY the decision by adding or deleting conditions; or
REMAND the decision to the Planning Commission for further
review of circumstances or impacts identified by the Council
(City Council should include specific issues to be
considered).
President Huff-Menees asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members present being seated.
Shane Jensen, Planner, stated he would be presenting the Findings
and Conclusions of the Planning Commission regarding this appeal of
a short plat denial. The applicant is proposing to divide a piece
of property into three parcels. Mr. Jensen displayed a view graph,
showing the location of single family residents and the number of
dwelling units that could possibly be placed on each of those
properties as a maximum, according to current zoning. The proposed
short plat's access off of Burwell Street right-of-way, which is
only 12 feet wide, and the lots would be identified as "A", "B" and
"C". The applicant proposes to widen the Burwell Street right-of-
way by dedicating 12 feet and creating a turn around for emergency
vehicles. The reason for appeal was the applicant did not agree
with the City Engineering Department's requirement for a 50 foot
right-of-way and that it was unrealistic for this small project.
Mr. Jensen noted prior to the City adopting new City Street
Standards, 50 foot width was the smallest street width. At this
time, there are new City Street Standards and he will address that
point later in his presentation.
There is also a question about access for Fire Department emergency
equipment and a letter was issued by Scott Rapley of the Fire
Marshall's office that states they would be able to allow building
on the subject property even with a narrower right-of-way width if
automatic fire sprinklers were installed in every house, a fire
hydrant installed and a turn around on the road as proposed. Mr.
Jensen displayed new City Street Standards for a shared driveway
section for a residential short plat or short subdivision access
way. This would allow for a 20 foot wide right-of-way with 18 feet
of pavement, which translates into two nine foot lanes with a 7 1/2
foot utility easement on one side, which is the City's minimum
standard. The subject roadway is proposed to serve a maximum of
nine dwelling units. He reviewed the density allowable on
surrounding properties and pointed out the access road could
possibly end up with more than 9 dwelling units, depending on
future development. In considering that fact, the Planning
Commission recommended denial of the short plat.
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Nove~%ber 29, 1995
Page 5 of 23
Otto Berg, Olympic Engineer representing the applicant, handed out
a memo to the City Council members, which contained an option to be
considered during this hearing. He provided three photographs
showing the roadway to the proposed site. This request for a
variance was brought to Council because the subject project cannot
comply with the minimum standards as outlined by Mr. Jensen,
specifically the roadway. At this point, the property owner has
two options: "Option A" to build three or four houses on the
existing parcel in which case no road improvements would be
constructed, a fire hydrant would not be added and since there
would be four commonly owned unites, they would probably be
rentals. Option "B" is to build three houses on a 3-lot short
plat, construct an access road to City standards along the frontage
of the short plat, and improve the off-site road to the maximum
width available. The applicant would also construct a turn around
for emergency vehicles, extend the water main up the street and
provide another fire hydrant. There are five existing homes using
the road and with the proposed development, that would increase
that number to eight, which is not a significant number of
vehicles. With the addition of the property lines, the applicant
could improve the area, so they are before Council to respectfully
request approval to go forward with that project.
Hugh Rapp, property owner in the subject area, stated the condition
of the roadway is caused by Les Fowler's logging trucks. He has
personally kept up the road for many years and it was never in that
bad of shape until the logging trucks ruined it. Members of the
neighborhood do not want that many houses located in a small area.
That area is inundated with iow income housing as well as a reform
school across the street and it has just gotten out-of-hand. They
do not want to be a dump off ground for this kind of development.
Mr. Montgomery asked if Burwell Street was 12 feet wide all the way
to Bertha? Mr. Jensen explained the assessor's map shows the
right-of-way width is approximately 12 feet all the way to Bertha;
however, he was not sure if Bertha was a through street. Mr.
Montgomery asked the length of roadway that is accessible? Mr.
Jensen stated he was not sure. Mr. Montgomery asked if the
applicant had tried to get the neighbors on both sides of the road
to give the City to right-of-way to expand the road? Mr. Jensen
stated he was not aware of any such action. Mr. Montgomery asked
Mr. Rapp if anyone had ever approached him about giving an easement
to the City? Mr. Ragp stated no one has ever contacted him;
however, he has tried to contract Mr. Fowler, but was unsuccessful.
Mr. Montgomery asked Mr. Rapp if he would consider such a proposal?
Mr. Rapp stated not at this time.
Mr. Colvin asked that a representative from the Fire Department
comment on this proposal. Soott Rappleye, Fire Marshall's Office,
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City Council Reg. Mtg. Minutes
November 29, 1995
Page 6 of 23
stated the Fire Department viewed the access as a driveway rather
than a City street. They do allow up to nine houses on a driveway,
if homes are sprinklered. Discussions were held on proposed new
City Street Standard prior to their adoption, but later he learned
the access is actually a City street that would have to conform to
the City Street Standards. Me pointed out there are some
exceptions in the Fire Code that do allow building on narrower
streets, if the houses are built with a sprinkler system, a hydrant
is installed and a turn around for emergency vehicles is provided.
He was not sure that was allowable under the new City Street
Standards.
Mr. Montgomery asked if the City would require sprinkler systems in
the houses if only four units were built on the site without
subdividing? Mr. RaDDleye stated the Fire Code requires an 8 feet
road for access and the only exception is it gives the Fire Chief
the authority to make some exceptions, such as sprinklers.
Mr. Fart asked the City Attorney if there were any legal
obligations if the City's own street doesn't meet the standards and
are therefore somewhat responsible for the denial? Ian Sievers,
City Attorney, stated the City, in the past under different
standards, may have approved and accepted a street that no longer
meets the City's current standard. The problem with the subject
street is that it can serve current levels of densities, but if
application is made for increased density or subdivision, we can
deny that increased land use development along a substandard
street. There is no liability for denial based on a request to do
more development on that standard of street. Mr. Fart asked
considering the first scenario under current zoning would allow
four houses without short platting, is the requested action really
an increase in density? Mr. Sievers stated it could be the same
impact as far as density without subdividing the property. He was
not sure if the Street Standards were tied to the Building Permit
process rather than the short plat. Gene Sample¥, Director of
Public Works and Utilities, stated the Street Standards were
adopted separate from, but will be incorporated into the Zoning
Ordinance. He did not believe they had any application in the
Building Code. Part of the application process is the project must
meet the approval of the City Engineer or the City Engineer must
review the access and make a recommendation. He was not sure it was
a City street, but it is a platted right-of-way. The City has not
maintained the street or contributed to acknowledge it as a City
street.
Mr. Overson emphasized the proposal does not meet the requirements
and this is not the place to rewrite the requirements. He
suggested either rewrite the standards or figure out a way to
legally apply the standards to what the owner seeks. Council's
#1344
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November 29, 1995
Page 7 of 23
function is to look at the proposal based on current City
standards.
M/S/C(Overson/Montgomery) to adopt the Findings of Fact &
Conclusions of the Planning Commission and to UPHOLD the Planning
Commission's decision to DENY the Short Plat application.
Mr. Overson went on to say that it appears the document handed out
from the Fire Department was new information provided to Council
that was not presented to the Planning Commission. Mr. Jensen
pointed out the information Mr. Overson referenced came in as
additional City comment based on other things they found since the
Planning Commission meeting.
Vote On Motion:
Motion carried.
In Favor:
Opposed:
Winters, Overson, Neville, Montgomery,
Dawkins, Colvin, Huff-Menees
Fart
8B - PUBLIC HEARING TO CONSIDER SURPLUSINGAND 8AL~ OF 168 ACRES IN
ANDERSON CREEK BASIN, ~AB95-262
The Public Works & Utilities Department recommends ratification of
surplusing and sale of approximately 168 acres of the approximately
300 acres in the Anderson Creek Basin surplused and sold under an
option agreement on December 22, 1994 to Sciepko and Lunde. This
property was originally acquired for watershed protection for the
Water Utility's surface source from Anderson Creek. This source is
currently unused, pending further required treatment, and the upper
watershed was surplused and sold for the McCormick Woods
development about ten years ago.
The Utility maintains water rights, several important water supply
wells, and the system's largest pumping station in the northeast
portion of the City's parcel. The sale in December 1994 called for
a wellhead protection study to determine the scope and area of a
wellhead protection easement to protect these resources. The
recently completed study indicates a large potential for additional
ground water wells along the Anderson Creek corridor. The Utility
Department and the optionees have agreed to amend the area subject
to sale to permit future drilling, and the City will now retain 132
acres of its original ownership.
Council is asked to ratify the surplusing and sale of this portion
of the property surplused in December 1994. Changes to the Option
Agreement are indicated with bold type in the attached agreement.
To reiterate, the Option to Purchase will allow these owners to
invest in property development feasibility studies and marketing
over a three year period (two years remaining) for development of
their own 76 acre parcel in combination with the City parcel.
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Page 8 of 23
These owners will pay $48,000 if the option is held for all three
years. The appraised price has been set at $2.4 million, plus
timber value. The commitment of Sciepko and Lunde to annex their
76 acre parcel as a prerequisite to purchase was accomplished with
the dismissal of the appeal on this annexation November 17, 1995.
These are special considerations and conditions of sale over and
above the concern for a possibly higher price through bidding and
meet the criteria for negotiated sale under BMC 2.78.040.
I&n Sievers, City Attorney, stated this is a reconsideration of
Council action that was taken in December 1994, on the surplusing
of approximately 300 acres of Water Utility land in south
Bremerton. That land was originally purchased for a watershed as
part of a surface water source from Anderson Creek, which was
discontinued in 1985. Gene Sampley, Director of Public Works and
Utilities and Kathleen Cahall, Water Resources Manager, will
explain the reasons for the reconfiguration and the request to
surplus less property. Basically, some things have changed during
the past year. One of the big caveats on the original sale was
that the Department was to complete a Wellhead Protection Study,
which was recently completed and has led the Department to
reconsider the amount of acreage that is being offered for sale and
would like Council to revise its decision on the amount being
surplused. This decision meets all the notification requirements
of the City's ordinance on surplusing and sale of property.
Mr. Sievers highlighted the following changes:
(1) The amount being offered under an option to sell is 168 acres
instead of 300, which was in the original agreement.
(2) Exhibit "A", the legal description and the map of the area has
changed. The legal description also indicates the wellhead
protection easement, which was not defined in December 1994.
(3) There is no change to the method of valuation. The MAI
appraisal, which was the method for valuing the property, has also
been completed and that valuation is 2.4 million dollars. As of
this date, the timber appraisal had not been completed. Funds
derived from the sale of timber will revert to the Water Utility
fund.
(4) The zoning recommendation also has changed - originally the
City Administration committed to support Industrial Park Zoning for
all of the original 300 acres, i.e. that action has been taken and
300 acres have been designed in the City's Comprehensive Plan as
Industrial Park. If this new proposal for surplusing is approved,
there will have to be some adjustments to the Comprehensive Plan in
the future, and now the City Administration is recommending
Industrial Park modified for a portion west of Anderson Creek and
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City Council Reg. Mtg. Minutes
November 29, 1995
Page 9 of 23
low density residential for the portion on the east side of the
Anderson Creek basin. The modification is attached to the new
agreement and what it does is to take a lot of the allowed uses
under the Industrial Park zoning and also removes some of the uses
allowed through a Special Use Permit.
One thing not being reconsidered at this time is the Comprehensive
Plan designation, again there will be as a matter of course if this
action is approved a City request to change that designation. At
this time, Council is strictly concerned with how much property to
surplus and convert in to cash for other Utility Fund purposes and
not a decision relating to land use designations or specific site
development.
Kathleen Cahall, Water Resources Manager, stated groundwater is
critical to the water supply for the City of Bremerton, although
60% of its water comes from a surface source on the Union River,
40% on average comes from wells. The City has 12 production wells.
The City is very fortunate that the water quality is excellent, but
to protect from contamination of wells one of the things the City
did was to develop a Well Head Protection Plan, which was just
completed. To develop this plan, they looked at the geology of the
area for all City wells and determined a protection area around
them, including Anderson Creek wells. This protection area
protects from contamination, if something were to fall on the
ground and get into the water at that point there is a 1-5-10 year
travel downward time. The key to preventing pollution in these
areas is to manage activities that occur in those areas, which is
done through public education, zoning, using best management
practices and through Critical Areas Ordinances. In the case of
Anderson Creek, the City placed an easement on the property in
which restrictions were added, such as restricting the use of
fertilizers so they would not leech down into the groundwater,
proper storage of chemicals, best management practices for surface
water, restrictions on use and storage of other hazardous waste,
etc.
President Huff-Menees announced public discussion on this issue
will start with City residents. The following City residents spoke
against the proposal as presented: Susan Griffith;
Dan Griffith, Mar~ Lou Long, Baymont Place; Kenneth Mc~uire; Cecil
McConne11, Almira Drive;
The following non-City residents spoke in opposition:
Elaine Manheimer; Clyde Abeline; Morrie Morris Emeca, Berry Lake
Road; Jerry ~&rney, Attorney representing the Anderson Creek
Association to protect Anderson Creek; Leslie Vanagan; Ron Kenney;
Dave Della,rovere, 300 Anderson Hill Road; Susan Dow, Port Orchard;
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Page 10 of 23
Mr. & Mrs. TaYlor (letter read into the record by Susan Dow; Pegqv
Atkins, Old Belfair Highway; Earl Dow, Port Orchard; Mike McCu~din,
McCormick Woods resident; Allan Lash, Anderson Hill Road resident;
Helen Havens, Anderson Hill Road resident; Nowe11 Travis
~mmet Pritchard, Wetlands Ecologist, spoke in favor of the proposal
based on his investigation of the site. He inspected a site west
of Anderson Creek and what he found was one on-site wetland and two
additional off-site wetland areas. These wetlands range in quality
from Type II, according to City of Bremerton Critical Lands
Ordinance, which requires a 100 foot buffer, to Type I, which are
located off-site north and east of the parcel around the wellhead.
The other sensitive areas would be the west branch of Anderson
Creek and an unnamed stream, which are classed as Type II streams,
by City ordinance. Those type of streams are required to have
either a 100 foot buffer or a buffer measured by 25 feet from the
top of the bank, which ever is greater. In this case both of the
streams are in deep ravens. What that leaves is a swath of land
through the middle, which is where the other on-site wetland is
located. He believes the site to be very developable according to
the location of the sensitive areas. When Ron Sciepko hired his
firm to look at this site and he walked the area; he then agreed
to give testimony regarding development of the subject area and how
the sensitive areas could be blended into the landscape so that the
fish and wildlife resources are protected.
The following opposing comments were made: (1) water resources
should be protected to the maximum; (2) all watershed properties
should be retained; (3) water resources should be preserved
considering the anticipated growth within the County; (4) annexing
the subject area into Bremerton was important in the long range
planning for future growth; (5) any encroachment on the watershed
is a violation of the origin premise which the city acted in
obtaining this land; (6) questioned the true reason for the sale of
the subject site at this time and was it to financially bail out
the Utility Department?; (7) Anderson Creek watershed should be
kept in its natural state; (8) question: why is this land now being
offered for surplus since it has been over 80 years that it has
been under watershed protection? (9) There is an appearance of
fairness question in the publics' minds about the options and sale
with this site; (10) a problem with water contamination in Anderson
Creek occurred in the 1950's, which shows how fragile this area is,
yet it is a great water resources area; (11) concern that land will
be paved over thereby depleting the natural recharging of water
aquifers; (12) the City's sewer treatment plant odor control
problem and upgrading construction project have impacted Utility
funds and the sale of the watershed property is being acted upon to
gain revenue for the Utility; (13) question: what will happen to
the 16 inch watermain that runs from the watershed property to the
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November 29, 1995
Page 11 of 23
City of Port Orchard? (14) Anderson Creek watershed water source
was established to provide emergency water for the City of
Bremerton; (15) a public hearing, advertising for public bids,
should have been held if the City deemed Anderson Creek watershed
property was surplus to City needs; (16) should consider the
definition of development and how previous definitions have made us
pay some very serious consequences in terms of how groundwater is
ruined; (17) the Anderson Creek Association to protect Anderson
Creek filed a lawsuit against the City of Bremerton contesting the
prior sales option approved by the City Council based on several
grounds; (18) sale of the subject site is governed in part by RCW
35.94.040, which covers the lease or sale of land or property
originally acquired for public utility purposes; also part of the
lawsuit addresses the form of the contract in that it amounts to an
unconstitutional loan of the city's credit to a private individual
for private purposes and the option to purchase is locking up the
subject site, which would be used for other purposes or sold to
other parties at little or no expense to the purchaser; (19) sale
of the subject site may be in violation of Bremerton's own City
ordinance, including that there has been no determination of fair
market value for the site; (20) the sales contract requires the
City to revisit the Comprehensive plan in the future, which has not
passed through the SEPA process, which is again something that
should be done prior to the completion of this sale; (21) Anderson
Creek wells are relied upon heavily during times of drought; (22)
concerns about erosion, tribidity and temperature and reduced
oxygen in water flows in local creeks; (23) Anderson Creek area is
a geological hazardous area per Kitsap County GIS maps; (24) only
10% impermeable surface of the watershed can severely impact salmon
stream health; (25) question: how will the subject site be serviced
with infrastructure and who will pay for it?
TAPE #1340
(26) the 1-5-10 year indications of the spread of possible
contamination from an industrial park into an aquifer are
inadequate; (27) question - will there be sufficient water for
people in the year 2025 and where is the source if more is needed?
(28) steep slopes in the watershed area are inherently unstable;
(29) concern that private wells will be come contaminated and if
that happens, who will be responsible? (30) The corporate campus
proposal is not in Anderson Creek resident's comfort zone; (31)
question - who is conducting Wellhead Protection Study for private
wells in the Anderson Creek area? (32) The people here today have
a trust with the people of the future to preserve natural resources
in an area that produces clear drinkable water as well as a
spawning ground for salmon; (33) you can't buy drinking water when
here is none; (34) affected property owners in the Anderson Creek
area were not property notified of this meeting; (35) area around
watershed is rural residential; (36) McCormick Woods' Campus
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city Council Reg. Mtg. Minutes
November 29, 1995
Page 12 of 23
Station development near the proposed site will add to the
congestion and traffic problems; (36) the addition of the planned
mobile home park next to the subject site will added to traffic
problems; (37) City services (Police, Fire, Streets, etc.) will be
stretched to service the subject area; (38) over 500 Bremerton
residents oppose the loss of Anderson Creek watershed property;
(39) there are other sites more suitable than Anderson Creek
watershed property for an industrial; (40) City of Bremerton
Planning Staff member Ron Hough indicated it would not be in the
best interest of the City to use the subject site for industrial
purposes; (41) the Suquamish Tribe voiced their concern over a
change in use of the Anderson Creek watershed area; (42)
development of the subject site could bring about erosion problems
into Anderson Creek; (43) a better use for watershed land would be
to develop a park for all the public to enjoy.
Ron Sciepko stated he and his wife have already shared their vision
for the Anderson Creek Corporate Campus development. The subject
site was acquired prior to WWI as the original watershed and
surface water supply for the City of Bremerton. In recent years
upland areas of the Anderson Creek Basin were sold to McCormick
Land Company for the Campus Station development. The Department Of
Ecology specifically cites the importance of property management of
upland areas in controlling the quality of both surface water and
deep well aquifers. Because the surface water in the Anderson
Creek Basin can no longer be used without implementing a filtration
system, the City Public Works and Utilities Department decided that
their portion of the Anderson Creek watershed should be surplused.
The City has acquired other sources of water, specifically Union
River watershed, which is a quality water source that will provide
need water long into the future.
Mr. Sciepko provided a map outlining 1,200 acres of watershed
property of which McCormick Woods and Campus station took up
approximately 800 acres of the upland areas, which are important
for aquifer recharge. We are now just learning about the
subterranean geology of aquifer recharge. For many years it was
thought the aquifer recharge meant surface water; however, the
city's Wellhead Study revealed that the area was comprised of soils
that allowed very little water to permeate vertically. To fill the
wells, water needs to move horizontally in an aquifer. In addition
to McCormick Woods and Campus Station, there are 340 acres of City
land, 91 acres of residential property on Anderson Hill Road and 57
acres for Corporate Campus inside the watershed and the remaining
130 acre portion of the total 187 campus lies outside of the
watershed boundaries. Interestingly, the Anderson Hill residents
occupy 91 acres inside the watershed. He and his wife are
consistently on record recognizing that there are some areas on the
property that need to be protected. In April of this year, he came
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November 29, 1995
Page 13 of 23
before Council and pledged to set aside over 100 acres for a park
or preserve. It has never been their intention to develop those
areas. Approximately 187 acres are suitable for development as a
Corporate Campus and they have geological and wetland reports
supporting that data. A lot of comments have been made about
development of a Corporate Campus would destroy wells and pollute
the water, which he does not believe because it is absolutely
contrary to the evidence provided by AGI Technology at their
presentation made following the completion of their Wellhead
Protection Study. Their analysis revealed that every soil unit
within the watershed has a low susceptibility to surface source
contamination.
Mr. Sciepko provide aerial photographs of the subject site as well
as ground level photos showing the lay of the land and describing
his plans for the Corporate Campus. He stressed the need for
economic diversification in Kitsap County in order to provide jobs
for the children of today. He fears for the future of our
community if 50% of our children are forced to leave because of
lack of jobs locally. The Growth Management Plan includes the
encouragement of development in urban areas and the encouragement
of growth in areas experiencing insufficient economic growth. The
proposed Corporate Campus lies within the Bremerton City Limits.
In West Bremerton there are over 8,400 acres of watershed and
utility lands. Development will be regulated by existing
environmental statutes and regulations, which will protect any
environmentally sensitive areas.
The following question was posed: "What have they done since they
began this project"? Answer: they listened and heard and responded
to concerns about sensitive areas and agreed to develop only part
of the property and set the remainder aside as a preserve. They
are now agreeing to purchase 168 acres verses the original 300.
They have also agreed to modify the Industrial Park Zoning to
specifically eliminate eleven uses and to require Special Use
Permits for three others. There will be no paint or chemical
manufacturing facilities, concrete, gypsum or plastics
manufacturing, construction yards, or rubber/plastic manufacturing.
It is their hope to have a business campus that will please
everyone . Finally, they have a unique opportunity of having
available a fairly large piece of property to offer to a company
looking to locate or relocate nationally or internationally. We
have the opportunity to cease being just a bedroom community and to
put jobs on this side of the Tacoma Narrows Bridge. There are
those who neither live in or pay taxes in the City of Bremerton who
would have the taxpayers of our city pick up the tab so they can
enjoy a private park. He believes with all his heart that the
corporate campus he envisions will be a benchmark for the City of
Bremerton. /~
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City Council Reg. Mtg. Minutes
November 29, 1995
Page 14 of 23
TAPE #1341 (note: Helen Havens' continued comments; Noel Travis commented;
Helen Havens read into the record a letter submitted by one of her
neighbors opposing the proposed action; Mary Lou Long gave
additional testimony; Dave Della'rovere gave additional testimony;
President Huff-Menees closed the time of public input.
Mr. Montqomery stated when he joined the City Council he took an
oath to represent City of Bremerton citizens. He did not take that
oath lightly. When first confronted with the Anderson Creek issue
of surplusing, he contacted Kathleen Cahall and Bill McKinney and
requested a tour of the subject site, which he then walked and
asked many questions regarding the future use of the watershed and
the feasibility of developing the property for City use and
environmental concerns were always in the forefront. He found a
good portion of the 340 acres could not be developed since it would
be protected by the Wildlife and Fisheries Department, Department
Of Ecology and the City's Critical Lands Ordinance. At this time,
Council is validating the sale of 168 acres, which does not include
the immediate land surrounding Anderson Creek itself. This
property has been declared excess to the City's need. He noted
some things outlive their original use and need to be reexamined to
find other uses, which has been done in this instance. The sale of
this property would put it back on City tax rolls and provide
additional income to the City. What he finds amusing about the
"blue" cards that were passed around so freely, is that not only is
the author(s) ashamed to include their name on it, but that most of
the information is incorrect. This person claimed "it is our
land"...he asked is the author a City resident? He pointed out it
has been alluded that 40% of the City's water comes from Anderson
Creek. He recalled at the wellhead protection meeting it was
stated water from Anderson Creek does not serve the wells from
which the City pumps water. He asked Ms. Cahall if that statement
was true? Kathleen Cahall, Water Resources Manager, stated Mr.
Montgomery was correct. Mr. Montgomery questioned assuming the
city wants to use Anderson Creek water how much water can be
reasonably expected to recover? Ms. Cahall stated Anderson Creek
was one of the first sources of surface water the City of Bremerton
had and it was used up to 1985-86 on an emergency basis. That
source can still be used because the City holds a claim, which is
critical to Bremerton. It is estimated that about 3 million
gallons per day, if the City could use it, could be used from
Anderson Creek itself. The City has four production wells at
Anderson Creek, two in a shallower aquifer of 200 feet and two
deeper at 600 feet. If each of those four wells were turned on and
pumped, about 3 1/2 million gallons of water per day could be
produced, which is 40% of the City's average day demand of about 8
1/2 million gallons per day. It is very rare that the City would
use those wells for that purpose. In looking back at past records,
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City Council Reg. Mtg. Minutes
November 29, 1995
Page 15 of 23
on an annual basis over several years Anderson Creek wells provide
about 17% of the water overall. If the City wanted to use the
water in Anderson Creek, the City would need to do some capital
improvements in order to treat that water first. The City does not
have any immediate plans to treat that water, but it could be done
in the future and would be part of a long range plan. Mr.
Montqome~ questioned assuming the City wanted to use that water
source, what would it cost to build the capital facility? Ms.
Cah&ll estimated that cost to be in excess of one million dollars
to build the filtration system under current regulations.
Mr. Ovmrson stated it was his understanding that the City has done
everything to protect the water in the wells and Anderson Creek.
Ms. Cmhall stated the City has gathered all the information to tell
how to protect them. Mr. Overson pointed out the City is retaining
the majority of the real estate and the area proposed for
development is away from the creek and under the control of
Environmental Protection Agency and all the development processes.
Ms. C&h&ll stated as long as best management practices are used
during construction.
Mr. Parr asked Ms. Cahall to give an explanation as to what was
meant by the 1-5-10 protection areas as mapped out in the Wellhead
Protection Plan. Ms. ~&h&ll explained that comes out of the
Wellhead Protection Regulations from the State. She appreciated
the time and energy taken by people to learn about water quality
and protection of wells. There is a 1-5-10 year time of travel for
water to percolate down to aquifers from the ground surface. She
explained in the Anderson Creek watershed area there are different
layers of soils and it appears, following testing, that there is an
aquitard (silt/clay layers) above the Anderson Creek aquifers that
would act as protection. We don't know how long it would take for
a barrel of spilled solvent to percolate down through the various
layers of soil, but the Wellhead Protection Ordinance identifies
areas to be protected in order that they be used as buffer zones
from possible pollutants. She believes the City's plan addresses
those needs.
Mr. l~eville asked for clarification of a comment made earlier that
a 16 inch watermain runs from the Anderson Hill watershed area to
the city of Port Orchard. He also asked if the City had sold water
to Port Orchard in the past and does the City plan on selling water
from Anderson Creek wells to that city in the future?
stated there is an inter-tie with the City of Port Orchard and
there is a contract between the two cities for the purchase of some
maximum amount of water each month. They do get surplus water from
the City when extra is available, which comes from the City's
general water supply, not specifically from the Anderson Creek
wells. All the City ' s water sources go into the City ' s
/&
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November 29, 1995
Page 16 of 23
distribution system so at any given point it could be a mixture of
those sources. Mr. Neville stated then they are not getting
infiltrated water. Ms. Cahall stated that was correct. Mr.
Neville asked how often are the Anderson Creek wells used during
the summer. Mr. Cabal1 stated those wells are used 17% of the time
each year and depending on the circumstances affecting the surface
water source that figure may increase. Mr. Neville emphasized the
contract with Mr. Sciepko states very specific practices that can
and cannot be applied to that property. However, he questioned
would the aquifers be affected by someone pouring something like
automobile oil onto the ground at near by residential areas? Ms.,
Cabal1 stated anything can happen and one component of the wellhead
protection is public education. She emphasized such action is
illegal and if someone sees their neighbor polluting in that manner
there are steps they can take to report them. An important element
will be to have a County-wide Wellhead Protection Committee that
will get together with all of the water purveyors and figure out
how to work with the County, cities and planners/zoning for the
protection of the water in the County. Mr. Neville stated much of
the testimony given this evening were "worst case scenarios", such
as spills polluting the aquifers and Anderson Creek. He pointed
out most of the surrounding residents have shallow wells where in
the City's case they are deep wells. He questioned if the resident
wells went dry during a drought, is there any way they could tap
into city water? Ms. Cabal1 stated that would depend if they were
in the City's service area and some of them may be in a water
service area of another jurisdiction.
Mr. Montqomez7 asked if the shallower residential wells might be
more susceptible to contamination by septic tanks and other uses
allowed by the County more so than what would happen in the
Anderson Creek basin? Ms. Cabal1 stated she could not say, but
there are regulations that keep septic fields a certain distance
away from domestic wells. She recommended anyone using a domestic
well should have it tested to make sure it was not being polluted
by some source. Mr. Montqomery stated based on the studies
conducted by the Wellhead Protection consultant it showed that
between the 10-year time frame and 1-year time frame there were
enough layers of soil to prevent contamination of City wells, but
it did not reflect a layer strong enough above the 100 foot level
to protect the shallow wells on the east side of the creek. Ms.,
Cabal1 stated it appeared if something of a pollution nature were
to happen, in the worst case, it would trickle down through the
layers, hit the aquitard that protects the City's wells and then
move into the stream. Following the study, the City's deep wells
appear to be adequately protected and more of the concern has to do
with the shallower wells and in the stream.
Mr. Fart expressed his concern that during this discussion the City
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November 29, 1995
Page 17 of 23
has been criticized for not going to the most extreme and costly
method to determine the exact make up of the aquitard. To his
understanding the only way to get 100% assurance of the composition
of the aquitard and its depth was to excavate the entire hillside
down to the aquifer. At some point you have to pick a method that
will give one the desired level of confidence in the data to be
reasonable. He asked Ms. Cahall if she was confident that we have
an adequate level of confidence based on the testing procedure?
MS. Cabal1 explained the zones were based on hydro-geology, pump
tests, etc.. The electro testing helped to reveal what was in
between the top and where the aquifer is located. To be 100% sure,
many wells would have to be drilled at a cost of $30,000 per well.
The electro conductivity test was done based on the professional
judgement of the City's consultant, who then wrote the report and
the City is confident with the result of that information. Even
with that data, the City is still conservative in some of the
things being asked in order to protect that area.
Mr. Fart stated he appreciated all of the concerns expressed and
they do make one think, but the logical ones and criticism based on
fact are more appreciated than other more negative type comments.
He was particularly concerned about one of the signs displayed on
6th Street by someone not in support of this action, which stated
"back room deal", as well as comments made during this hearing that
a "special deal was made with a friend of the City's" and gave them
a iow ball price. He asked the City Attorney to explain the City's
legal method for surplusing property. Ian Sievers, City Attorney,
explained there is no State requirement, despite some of the
allegations in the lawsuit previously mentioned, on this kind of
property as to how you surplus and sell it and is pretty much up to
the City Council. This City has developed its own procedures and
its own ordinance as to surplus and sale of its own property. The
Council is well aware of the different methods under which the City
can sell property once it is determined surplus. That ordinance
was amended within the past year in order to add "Broker listing"
as a possible means of sale. Those are through sealed bid process
and it talks about appraisals to determine the fair market value.
It can be brokered and it can be negotiated to a particular party
under three different situations. The circumstance that qualifies
this particular sale for a negotiated sale are recited in the
Agenda Bill and those have not changed from the last time Council
considered the option sale. It is not a "back room" deal since
this is the second public hearing on the subject of surplusing and
negotiated sale. Again, the criteria that Council is asked to
ratify for a negotiated sale to Mr. Siepke and his wife are that
this particular buyer owning Industrial Park zoned property
adjacent to the particular sale property consisting of 76 acres
would be able to develop it in common as an industrial park, which
would have a larger economic impact than if it was sold on the
market through a bid process for residential or commercial property
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November 29, 1995
Page 18 of 23
to some other developer. The second criteria unique to this
developer is that he agreed to annex that property into the City,
which was adjacent to City property. That annexation was actively
supported by the purchasers over the past year and that process has
now gone through Superior Court and is finalized. As far as the
City is concerned, the process of not having to go to bid is
perfectly permissible. Mr. ~&rN asked how was the sale price
determined? Mr. Bievers explained there has been no change to that
portion of the agreement. The fair market value is set by an
objectiwe determination through an appraisal. The Anderson Creek
Association's attorney asserted during this hearing that perhaps it
violated constitutional provisions against lending of the city's
credit based on the option mechanism that was approved, somehow
tieing this property up with one buyer for 1-3 years. He believed
that option on particularly large commercial ventures is not
unusual in the development community. He also believes the terms
approved by Council and are being asked to approve at this time,
are commercially reasonable. He thinks Council needs to recognize
the first year option price was not a lot of money, on the other
hand, Mr. Sciepko was posting $3,000 that was not refundable on a
piece of property that was zoned Forest Management upon which there
was an undetermined wellhead protection easement, undermined in
scope and restriction that could have basically covered the whole
property, it does cover most of the property and basically could
have restricted the property to no commercial use. The term of the
proposed agreement under discussion will remain the same as the
original date of December 1994. Mr. Sciepko will not get another
low cost term and has in fact posted the $20,000 for the second
option. In addition to the funds, another commercially reasonable
term is that Mr. Sciepko, in his feasibility studies for commercial
use of the property, those studies and marketing efforts became the
property of the City whether or not he bought the property.
Council has its own experience with the downtown waterfront
property and producing marketing and feasibility studies for large
commercial property can be quite expensive.
Mr. Neville pointed out Mary Lou Long commented on Article 13 -
Hold Harmless section, and asked if this applied just during the
three year process of acquiring the property? Mr. Bievers stated
he would have to look at the actual Purchase Agreement, which is
attached to the agreement, but he would like that provision to
survive the option agreement because if you look on the previous
page of the agreement you would find the Grantee is holding the
City harmless for many of his uses of the property and to defend
any suits based on his use of the property. Mr. Neville stated
Mrs. Long also stated the money from the sale of the property would
go to the Wastewater Fund. Mr. Sievers pointed out the subject
property is an asset of the Water Fund and the proceeds from this
sale would go to the Water Fund, not the Wastewater Fund, which is
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November 29, 1995
Page 19 of 23
a separate enterprise fund and by State law is required to be kept
separate from the Water Fund because it has a different ratepayer
base. Mr. Nmvillm stated nothing was mentioned as to what has been
done to improve the habitat in Anderson Creek for the salmon. MS.
Cahall explained in 1994 the City worked with Trout Unlimited to
install a salmon ladder on Anderson Creek and there is a trout
rearing facility as well. MT. Nevill~ stated based on the numbers
of salmon returning to spawn in Anderson Creek, it appears that
ladder is working well. MT. Sievers stated not only is the
wellhead protection easement requiring best management practices
both during and after development and not only is it dictating
those areas will be deemed critical areas for both environmental
and city review for any land use, but even if they don't go as
planned, the water or any damaging water siltation will not flow
into Anderson Creek on the west side of the creek.
MT. Montgomery stated there have been a number of statements made
during this hearing that a lot of Bremerton City residents were
not made aware of this proposed sale. He emphasized people should
start reading the local newspaper , listening to Channel 12 and
attending City Council meetings if they want to know what is going
on in their city. There is no way for the City to write a letter
to every single person in the City and advise them as to what will
be done tomorrow. It is a shame that a large number of residents
in this City aren't even registered voters, and if you don't vote,
then you should not have a word to say. He will not listen to
anyone who does not vote. If they vote, he'll listen to them;
however he may not agree with them. If they don't vote, he does
not want to even talk to them, that is how strongly he feels about
the right to vote in this country. And, if people don't start
exercising that right by attending meetings and becoming informed
and voicing their opinions, then what they say means nothing to
him. He emphasized those comments reflect his own personal
opinion.
Mr. Winters stated many things have been stated during this hearing
and many acquisitions have been made, be it truth or false. When
he became an elected official it really concerned him because he
cares about Bremerton and he cares about making changes. Since he
took office people walk up to him and say "Bob - no new taxes". In
order to make good decisions for the betterment of the City,
Council listens to experts, pays for studies and data in an effort
to become educated on specific topics. He pointed out Bremerton's
population is close to 40,000 and he finds it interesting that 400
people submitted blue cards with comments opposing this proposal,
but that does not represent the greater population. Previously, he
voted no on this issue. He understands water is as good as gold
and must be preserved in order to survive, but at the same time
someone will comment "why aren't you doing any development and
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City Council Reg. Mtg. Minutes
November 29, 1995
Page 20 of 23
making Bremerton better"?
It saddened him that pariticpation of the non-voting public and
some of the voting public do not fully understand why things get
surplused and there are reasons why development needs to take place
to build a tax base.
Mr. Colvin stated he believes the citizens have a right to voice
their opinion whether or not they are registered voters. He
questioned if he heard correctly that the SEPA threshold was done
after the sale as opposed to being required before the sale? MN.
Sievers stated he was sure the environmental review process that
went into the City's Comprehensive Plan required environmental
review, so the land use designations for industrial parks would
have environmental review. The sale of public property is
categorically exempt. There are certain options the City has to
make them non-exempt, but the City's ordinance does not make them
exempt so the sale of property is exempt. ~r. Colvin asked if the
City had an obligation for public debate when selling City
property? ~r. Sievers explained the public notice requirement in
the City's Surplusing Ordinance are intended to invite debate.
There are direct mailings to people owing surrounding property,
newspaper notices as well as the normal Agenda process to attract
people to give their input on these issues. As he mentioned, the
Comprehensive Plan amendment may come back before Council, if this
proposal is approved, and the zoning issue has not come before the
Planning Commission or the City Council and that process will again
require an environmental review. Mr. Colvin asked the City
Attorney if he attached any significance to the concerns of the
Suquamish Tribe? ~r. Sievers stated it seems to him their primary
concern has to do with fish habitat in the stream. The proposed
zoning is low residential on the west, which is in the surface
watershed area. Mr. Colvin noted Mr. McCuddin made a statement
that there was a better location for a project of this kind. He
then asked Mr. McCuddin to address that point once again. Mr.
McCu44in referenced a memorandum dated February 15, 1995, that was
in the City's file for the Anderson Creek Proposal, and in it Mr.
Hough, the City's Planning Manager, stated: "we could end up with
a very unsightly mixture of heavy industry in a very scenic area.
It could be another black eye for the City of Bremerton if we allow
that to happen. The possibility of over zoning the property that
may not be ideally suited to the uses of that zone, is also a
concern. If we give this property the least restrictive zoning we
have, it would be very difficult to reduce it later on if we
determine that a mistake had been made. Considering the takings
talk around Olympia these days, over zoning is probably more risky
than it has ever been. My preference would be to encourage the
type of industrial development that is allowed in our IP zone, or
consider a mix of uses and zones through the PUD process, so that
we have some control over how the site is developed. The city may
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November 29, 1995
Page 21 of 23
have other sites within its Utility lands that are more suitable
for heavy industry. We looked at some sites alonq Old Belfair
Hiqhwa¥, west of Gorst, and found sites that are relatively flat,
have qood vehicle/truck access, are close to the rail line, close
to water service and are less visible to the travelinq public.
These kinds of areas should also be considered if we are going to
surplus Utility lands for industrial purposes. The study that will
be done this year by the Utility Department will identi~y possible
surplus lands and should also provide their information on other
sites that may be suitable for industrial development. In answer
to your oriqinal question, I don't believe that our review of
Anderson Creek site has been complete enouqh to lead to any
specific zoninq. This site may be more suitable for residential or
other uses than for industrial development. I understand we need
new industrial sites for jobs, revenue and qeneral economic
diversity. If a decision has already been made to plan and zone
Anderson Creek for heavy industry, then we will forward that
recommendation to the Planninq Commission on February 21."
President Huff-Menees asked the City Attorney to address the issue
of not having had a determination of "fair market value" prior to
the sale. Mr. Sievers it is a binding contract as long as there is
a means of determining fair market value. The agreement did and
still does call for an MIA appraisal of the property. The only
direction was an assumed zoning because obviously Forest Management
was not an appropriate highest or best use of the property. The
appraisal has been completed within the last two months and it is
valued at 2.4 million dollars. Even though the acreage in the
original agreement has been greatly reduced, Mr. Sciepko has left
the purchase price at that figure simply because the appraisal
pointed out they assumed only 150 acres, given the amount of slopes
and other critical areas, would be developable. On top of that
figure will be the timber evaluation, which has not been completed
as of this date.
Presi4ent Huff-Menees noted some comments were made with respect to
the City's water supply and Ms. Cahall responded to the percentage
used from the Anderson Creek wells. However, a statement was made
about the Union River and the times when it is silted and not used
as a water supply in the summer when there is a drought. She asked
Ms. Cahall to verify that information. Ms. Cahall explained the
City uses the surface supply as the main supply and augments with
the wells as needed. The times the surface supply is not used are
when the water becomes cloudy and muddy with silt and the tribidity
goes up. She recalls the last drought was in 1985, which was
pretty severe and since that time the City has increased its ground
water sources and they operate the reservoir on what is called a
firm yield, so even under the worst circumstances the City does not
dry out the reservoir. In the rare event of a true drought, the
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November 29, 1995
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City puts into effect a drought response plan for the citizens.
Mr. Montgomery asked the number of wells providing ground water?
Ms. Cahall explained the City has 12 wells. Those wells are
located in the Gorst area and north of the City limits.
Presi4ent Huff-Menees stated she hoped the issue of a "back room
deal" has been laid to rest. The issue for monies for the sewer
treatment plant was address by the City Attorney. She emphasized
money for the Water Fund has not been addressed as a benefit with
respect to this, the greater benefit talked about in conjunction
with this area is having to do with business development,
diversification and the opportunity for jobs. From that
standpoint, this has always been appealing and there was some
excitement about the possibility of a particular business locating
to that site. Perhaps Council was not as fully informed about that
particular business as they would have liked and she regrets that
fact. She also regrets her initial vote on this issue. She
believes some unfair comments have been made about Mr. and Mrs.
Sciepko and from the beginning of this process they have worked in
very good faith with the city and worked very hard to address the
kind of issues that they were asked to address in terms of
sensitivity of the area. When we all began, I don't think we knew
enough about the area and steps were taken to correct that
situation. No one should fault the Sciepko's for having a business
opportunity that will benefit them. The fact that it is a business
opportunity that involves an area that is very critical to all of
us certainly makes it more open to criticism, but she takes
exception to stating that as though it were something wrong.
Enterprise is something we embrace in this country along with the
right to vote and other things. She also believes Council members
were elected to represent all the citizens of Bremerton. She will
vote against this issue, but her "no" vote is not that she doesn't
have confidence in Mr. and Mrs. Sciepko, but as the months have
gone by she examined her own issues with some of the development in
the County, which has saddened and alarmed her, and questioned how
can she support this kind of development when she has been so
critical of developments that have eroded some beautiful and
sensitive areas in the County. She believes the watershed was
protected for very specific reasons and she also knows that issues
have come before the County and this Council where all the
precautions have been taken and statements were made about how
specific situations that could have adverse affects would not
happen, but yet the ending result did not turn out totally
positive. She wants business diversification for this City as well
as more jobs, but she does not want it at the expense of the
watershed.
M/S/C(Montgomery/Overson) to declare approximately 168 acres at
~2725
TAPE #1341
City Council Reg. Mtg. Minutes
November 29, 1995
Page 23 of 23
Anderson Creek surplus to the City's needs, and approve Option to
Purchase Unimproved Property.
Mr. Overson stated he understands the concerns of those against
this proposal although most of them are fears. If we don't support
developers, such as Mr. Sciepko, this county will die a death worse
than the City of Bremerton. We have to support developers because
that is the backbone of America and the source of jobs as well as
the national quality of living. If you haven't noticed we live at
the best standard in the world because of our developers and
industrial people, who are willing to take risks. We have gone
distances to insure that the risk is minimal to protect the
situation and we also need the development in the City.
Vote on Motion:
In Favor:
Overson, Neville, Fart, Montgomery,
Dawkins
Opposed:
Colvin, Winters, Huff-Menees
Motion Carried.
M/S/C(Montgomery/Overson) to approve the negotiated sale as set
forth in Option to Purchase Anderson property.
Vote on motion:
In Favor: Neville, Farr, Montgomery, Dawkins,
Overson, Winters
Opposed:
Colvin, Huff-Menees
Motion carried.
With no further business meeting adjourned at 10:07.
KATHLEEN L. McCLUSKEY, City Clerk
SHERRIL HUFF-MENEES, Council President
City of Bremerton
KLM/SH-M/me
cc: Normal Distribution
File/Vault
BREMERTON CITY COUNCIL
1. SUBJECT:
Appointment to the Parks and
Recreation Commission
FOR AGENDA OF: January ~. 19Q~
ORIGINATING DEPT: E×~Cllt, iVe
ORIGINATOR: M~y~r ~r~nn
DATE SUBMITTED: December 26. ]995
2. ~: (comment on back
if necessary)
3. ~:
Application for Appointment
ENDORSEMENT __~ INFORMATION
__ APPROVED BY COUNCIL P~ESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
There are vacancies on the Parks and Recreation Commission. It is
recommended Wanda L. Butler be appointed to fill one of the vacancies.
8. RECOMMENDATION:
Motion to confirm the appointment of Wanda L. Butler to the Parks
and Recreation Commission.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11. AGENDA BILL NO:
AMENDED
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Less than full membership on the Commission
6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES:
N/A
7. RESEARCH SOURCES:
N/A
CITY OF BREMERTON
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, addre~s, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly)
HOME ADDRESS:
OCCUPATION:
PHONE: ~7'~- ~(~?~ (H)
PROFESSIONAL/COMMUNITY ACTIVITIES:
LOCAL REFERENCES (name & phone number):
(w)
I AM INTERESTED IN SERVING ON (please check one or more):
()
()
()
()
()
()
()
Disability Action Committee
Civil Service Commission (18 yrs. & older)
Urban Forest Committee
Cable Communications Advisory Committee
Community Development Block Grant
Advisory Committee
V.~, ,~.1~ ~'~, :1
Safe Streets Steering Committee
Planning Commission (18 yrs, & older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
~,~(~,~ v, ~-~)Jp~c~lo, ,~Ou~,,,~p~,,~,i,~ Codes
Special Committees as needed
Is this an applic~,¼ion for reappointment? ]'.J ~
If yes, how many years hav~ you served on this commission/committee?
PLEASE RETURN TO:
Mayor's Office
239 4th Street
Bremerton, WA
98337
Signature
Applications be reviewed periodically to determine continued availability.
information may be put on back.
Additional pertinent