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HomeMy WebLinkAbout04/05/95TAPE #1276 UNAPPROVED DRAFT COUNCIL PROVED MAY .' 3 1995 CITY COUNCIL MEETING MINUTES APRIL 5, 1995 #0066 #0083 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 5, 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 and Lon Overson. Councilman Richard Neville was absent. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The.meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Chaplain Bob Miles of Belmont Terrace Convalescent Center. President Huff-Menees announced Agenda Item 9A had been pulled from the Agenda. CONSENT AGENDA A. Minutes of Meeting - March 15, 1995 #AB95-064 B. Bid Award Recommendation -- 4-Wheel Drive Tractor #AB95-065 at Gold Mountain Golf Course C. Bid Award Recommendation -- Vehicle Replacement #AB95-066 Versalift Model vo-39 MHI Material Handling Aerial Manlift M/S/C/U(Overson/Farr) to approve 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/Montgomery) on April 5, 1995, the Council does approve for payment those vouchers included and further described as follows: Regular Payroll for the period ending March 31, 1995, in the amount of $712,886.17 President Huff-Menees made the following announcement: (1) An Executive Session is scheduled for Wednesday, April 12, 1995, 5:00 - 5:20 P.M., in the Council Conference Room. Topic to be discussed: "Labor Negotiations". COUNCIL MEMBER REPORT8 TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 2 of 44 Mr. Winters announced volunteers wanting to help on the 50th Anniversary of WWII celebration can contact Jim Wooley at (360) 895-1980. Also, the Kitsap Lake Neighborhood Association will meet Thursday, April 13, at the Cascade Natural Gas building. The guest speaker at that meeting will be Russ Hartman, who will talk about the upcoming School Levy ballot measure. PUBLIC RECOGNITION De1 Knauss referenced Council's own rules and regulations, adopted 7-27-1994, Rule 9 (3) which states: "Any member of the public shall have the right to address the Council and Mayor on issues not on the Agenda..". In his opinion, he felt the City Council President's actions, at the March 29th Council meeting, were inappropriate in not letting the public comment on the Land Use Element of the Comprehensive Plan, which was not on that meeting's Agenda. When he pointed out that fact to the Council President, in his opinion, she treated him in an unprofessional manner and interpreted the rules in her own favor. He believes when the rules are a little "fuzzy", all interpretations should go in favor of the public as a matter of courtesy by the Council. He hoped that in the future the public would be treated with the same respect that Council asks from the public. He reminded the Council they were elected to serve the people, not dictate to them. John R. Thomas expressed his concern over the City's proposal to either make repairs to the City's fire boat so that it works properly and on a consistent basis, or to do away with it all together. He was before Council as a citizen to demand that the fire/rescue boat be returned to service as quickly as possible. In addition, he wants the City to insure funding so that the boat can be properly maintained. He emphasized the importance of having a fire/rescue boat available to cover Rich Passage, Sinclair Inlet, Port Washington Narrows, etc. He found it totally unconscionable that the Mayor's office informed the City Council only two weeks ago that the fire boat was out of service when it was found unserviceable in August of 1994, nearly seven months ago. Maybe the Mayor can find monies for the repair from the same source that financed the "Public Works" facility after the voters of the City said no to that bond issue, but was financed through other sources. Public safety should be the priority, not a park that can only be utilized by a select few, monies to remodel the Admiral Theater, monies to remodel the white elephant next door to City Hall or beautifying 4th Street. In closing, he asked Mayor Horton to put herself in Mr. Farr's shoes for a minute, ask yourself what would your feeling be if your daughter became involved in some incident on the waters around Bremerton and Bremerton's fire/rescue boat was the only one that could come to the rescue, but because she didn't support the "stupid boat", Bremerton's boat was not there to effect a rescue. TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 3 of 44 Cecil McConne11 referenced the previous Council meeting and the response by President Huff-Menees to not allow public testimony on the Land Use Element of the Comprehensive Plan during Public Recognition. He was not sure how that incident appeared in the Council Chambers, but what was televised over Channel 12 showed the Council President exhibiting a bad attitude toward a citizen, who was speaking to Council about one of their regulations. He would not argue the point whether or not the speaker was in error as to th~ regulations, but even though the Council President is from another Council District, he felt the City Council President represents every person in the City and as a favor to him and other citizens he asked that if an attitude such as that is taken, please take it after the meeting is adjourned and no longer televised. Ryan Gutwell, Skateboarder, asked where can a skateboarder go in the City of Bremerton? Local shopping areas and the boardwalk areas are off limits to skateboarders. It concerned him that football players, baseball players, and basketball players all have special places to enjoy their sport, but there is no one place that is acceptable for skateboarders. He believes there are at least two ways to fund a skateboard park: (1) matching funds; (2) partnership where one entity provides the land and the other entity builds the park. He understands that the biggest problem at the present time is insurance, however, the cities of Seattle and Bellevue found a way to build a facility. He is serious about working with the City to come up with a solution to the need for a skateboard park. Mayor Horton stated in response to the earlier comments on the City's fire boat, yes, she did call it a stupid boat, however, she was not talking about fire boats in general because she believes they do serve a purpose. She was talking specific to a particular boat, which she suspects should have been returned to the builder a few months after the City took ownership because she believes it was a problem all along. That action was not taken and now the City is having to make the best of the situation. She recognized the voters approved purchasing a fire boat and that we are a water dependent community and have lots of need for a fire boat, but we have a lot of other needs for public safety throughout our community that isn't attainable due to lack of funds. The City is looking at ways to repair the boat and she hopes it will not cost a great deal of money to keep in operative condition. Her comment about a "stupid boat" came more out of frustration in dealing with this issue than anything else. She has received numerous comments that boats are expensive to maintain, but she does Value the rescue aspects of having a boat available. Mayor Horton lead off a special recognition for members of the Citizens Advisory Committee, who worked on the City's updated TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 4 of 44 Comprehensive Plan. This committee spent two years and 28 meetings of devoted service to the community, and deserve to be recognized for that effort. Kay Wilson, Senior Planner and Ron Hough, Planning Manager are to be recognized for doing an exemplary job as well. Recognition plaques were presented to Harry Wilson, Sandy Perkins, Jack Lefcoski, Carlos Montgomery, Russ Nickerson, Barbara Gray Boyd, Sherman Roy Runyan, Del Knauss, Doug Berry, Richard Goetz, and Wayne Olsen. Don Atkinson, formerly of the Bremerton Main Street Association, introduced Carol Atkinson, the newly appointed Director of the Bremerton Main Street Association. Carol Atkinson stated she is looking forward to continue working with the City of Bremerton. Don Larson, President Washington Scuba Alliance, announced an Earth Day event to be held April 22, "Clean Up Of Sinclair Inlet". On that day, the U.S. Coast Guard will host tours aboard a 41 foot patrol boat, and the U.S. Army Corps of Engineers will host tours of a floating crane that is used to pick out debris throughout the Puget Sound region. Approximately 60 students have been organized to clean up the Port Orchard side of Sinclair Inlet, while volunteers will be cleaning up the Bremerton side. Divers will be displaying touching tanks with marine life. Events of the day kick off at 2:00 P.M., at the First Street Dock. Refreshments will be available for the volunteers at the end of the clean up effort. He learned recently that the Naval Undersea Museum Foundation is having an Earth Day event, a down-link with Key Largo, Florida, where four teachers from this area, who are certified divers, will work at an underwater park. The satellite link will be shown at 12:00 noon, 1:30 P.M., and 3:00 P.M. Additional marine interpretative signs are being installed along Hood Canal and his group received an Environmental Education Achievement Award from the Hood Canal Coordinating Council. On April 27th two members of their Sinclair Inlet Clean Up Committee, Leslie Vannegan and Vicki Lott, will be honored at the YWCA Women Of Achievement Award luncheon, which will be held at the Bremerton Golf and Country Club. The public is welcome to attend that event. 7A - PROFESSIONAL SERVICES AGREEMENT WELLHEAD PROTECTION PROGRAM, #AB95-067 Wellhead protection programs are required by Federal and State regulations to prevent contamination of groundwater used for drinking water and to protect human health through the development of management zones around public wells. On an annual average, 40% of the City's drinking water comes from wells. Bremerton's Wellhead Protection Program will have three basic components: #0840 TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 5 of 44 The delineation of the wellhead protection areas(WHPAs); As inventory of the potential contaminant sources within the WHPAs; and The management plan to reduce risk of contamination. A professional services agreement has been negotiated with AGI Technologies for $35,122. Ka~hleen Cahi11, Water Resources Manager, stated the Wellhead Protection Plan is a proactive approach to safeguarding the City's groundwater supplies. All water systems will be developing Wellhead Plans over the next several years and the City will be coordinating their plan with other plans in surrounding communities. The proposed firm, AGI, is currently working on the City's Gorst Basin Study and also preparing Wellhead Plans for some other water systems adjacent to the City. Public comment - none. M/S/C/U(Overson/Farr) to approve the professional services agreement with AGI Technologies and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures. 7B -WHEATON WAY SEWER EXTENSION L.I.D., CONTRACT AWARD/LOW BIDDER, OLSEN'8 LAND DEVELOPMENT, #AB95-068 Bids were opened for the Wheaton Way Sewer Extension L.I.D. Project on February 27, 1995. Seven bids for this project were received. The low bidder is Olsen's Land Development in the amount of $108,559.37, not including sales tax. The construction cost was estimated at $70,560 when the L.I.D. was established in April 1994· On completion of the design, the engineers cost estimate was $94,700. A summary of the project costs is attached. The action before the City Council is approval of a contract for construction of this project. Randy Witt, City Engineer, stated this item has been before Council in several different forms, most notably when the formation of the Local Improvement District (L.I.D.) was approved. After bids were received on the project, the City met with the property owners within the L.I.D. area. Two letters were received from property owners supporting the project, and two other property owners were at the meeting and also voiced their approval. He noted the figures provided are based on actual construction costs, not the earlier estimates. He believes the City is receiving a good contract. Also, past experience with the contractor has proven to be very positive. Public comment - none. #0907 #0978 TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 6 of 44 Mr. Law stated he also attended the post bidder's meeting and even though the bid was higher than the estimate, the indication he received from the two property owners present was they were pleased with the final price. M/S/C/U(Law/Montgomery) to approve a contract for $108,559.37 with Olsen's Land Development for construction of the Wheaton Way Sewer Extension L.I.D. Project, and authorize the Mayor to execute the sa~e subject to City Administrative Policies and Procedures. 7C - SINGLE SOURCE PURCHASE -- GOLF COURSE HAINTENANCE EOUIPMENT, CUSHMAN TURF TRUCKSTER, #AB95-069 In accordance with accepted City Procurement Policy and Procedures, City Council can waive Call for Bid procedures when the purchase of equipment is sought that: (1) Specifies a brand or specialized equipment that is not available on the general market; (2) That is sold by a distributor who is the sole authorized representative of the manufacturer in the region; and (3) To maintain standardization and compatibility with existing equipment. The golf course has, over the years, purchased Cushman equipment, and currently owns all necessary attachments, designed specifically for Cushman. In this case, the equipment being considered is a Cushman Turf Truckster for golf course maintenance. This purchase qualifies for waiver of call for bids based on the three elements previously cited. Equipment requested: Cushman Turf Truckster 4- Wheel Drive Flatbed, $14,134.17, including tax. John Alexander, Gold Mountain Golf Course Superintendent, stated he would standby for any questions Council might have. Public comment - none. M/S/C/U(Dawkins/Colvin) to approve the waiver of a Call for Bids and approve purchase of equipment from Wester Equipment Distributors. 7D - SINGLE SOURCE PURCHASE -- GOLF COURSE MAINTENANCE EOUIPMENT, LASTIC ARTICULATOR, #AB95-070 John Alexander, Greens Superintendent at Gold Mountain Golf Course, has requested the purchase of a Lastic Articulator. This is a machine that is a mower/thatcher that will improve the quality of the turf. The purchase price is $16,228.92 including sales tax, an amount which is in excess of the threshold $10,000 required for Call for Bid. There is only one authorized distributor of the equipment in the Northwest and this is a one of a kind machine. So this mower/fairway dethatcher would be categorized as a sole source purchase. #1016 TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 7 of 44 John Alexander, Gold Mountain Golf Course Superintendent, stated he would standby for any questions Council might have. Public comment - None. M/S/C/U(Colvin/Winters) to approve the waiver of a Call for Bid procedure and purchase of a Lastic Articulator be authorized as a sole source available item from Superior Turf Equipment. 7E - INTERLOCAL AGREEMENT FOR THE JOINT USE OF FACILITIES BY CITY OF BREMERTON AND BREMERTON SCHOOL DISTRICT, #AB95-071 One of the Mayor's high priority target issues for 1994 was the establishment of a joint use agreement with the Bremerton School District and the Bremerton Parks and Recreation Department. A joint agreement benefits both organizations as it creates an environment of cooperation and it assists each organization in avoiding duplication of facilities and services. It also maximizes the use of existing buildings and athletic fields for each organization. The recently completed Parks and Recreation Comprehensive Plan advocates strategic planning with the County, the YMCA, and the Bremerton School District so that the recreational needs of Kitsap County and Bremerton citizens are met with the resources available to each organization. The Parks and Recreation Commission have reviewed and approved the interlocal agreement with the Bremerton School District. The staff believes that this interlocal agreement will allow the City expand programming opportunities because of the increased access to the school district properties. Pat Harris, Director Of Parks And Recreation, stated he felt it was important to outline the work that had gone into this proposal and some of the thought and value of developing an interlocal agreement with the Bremerton School District. This proposal is simply an agreement between the City and Bremerton School District to share facilities in the future. We are agreeing in essence to follow the rules and regulations established by each agency, and that the class of maintenance of those facilities will be borne by each agency and not shared at this point. It gives each organization the right to assess fees to the other organization for the use of facilities and it also addresses damage and liability issues. The agreement does not enable either agency to purchase property from the other organization nor does it enable an agency to pay for improvements on the other agency's property. As part of the Comprehensive Plan that was recently approved by Council, this is one step in reaching out and working with other agencies, including Kitsap County. This is an important aspect since the City does not have unlimited resources and we don't want to duplicate our resources and facilities; and it will allow the City to use school properties when they are not in use by schools. Ultimately, over TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 8 of 44 the long term it should allow the Parks Department to expand programming opportunities without incurring additional cost to the City by developing new parks or providing new buildings. Andy Parypa stated he is not against the concept of this agreement, however, he had great concern on the way it is being handled. He agreed with Mr. Harris that it does not speak to purchases, improving school fields, nor expenditure of money, however, it does sa~ "present and future recreation facilities", which kind of ties it in to the one million dollar plus bond idea. He suggested this item be tabled and reworded so any reference to actions "in the future" be deleted. He felt Council action should be taken only when specific properties/facilities and programs as listed so that thepublic knows exactly what is being agreed to. As far as he is concerned, a precedent was set by this Council when a former Department Head orally promised $500,000 to apply to an L.I.D., even though Randy Witt, City Engineer, did not support that action. The City Council felt it would be dishonorable not to go along with that oral promise. He questioned who gave Mr. Harris the authority to sign the proposed agreement? This agreement and paragraph 12 tells him there is no reason for Council to vote on it because it is already in effect: "This agreement shall be effective upon the signing by the last party to sign. The term of the agreement shall be indefinite until one party or the other provides a written notice of termination. Termination shall be effective 90 days after delivery of notice unless the parties agree otherwise in writing". He asked why was this item on the Agenda since both parties signed the agreement? He requested the agreement be written to reflect what is actually being requested -- covering present facilities in their current conditions. However, when the million dollar bond issue comes up for approval and the expenditure of those funds, then bring that up as a separate issue and clearly identify what the public will be receiving. Lets not say that "tomorrow" we'll come up with the rules and regulations and pick out what facilities will be used. The reason he made that statement is that it takes a long time to do those "after whiles". In 1989 the City Council directed the Parks Department to come up with a Master Tree Plan, which hasn't, as of this date, been brought before Council for approval. If the proposed agreement is approved and put into effect, one day later the School District can submit a termination notice, in writing, and 90 days later they are out of the agreement and the City would be without playing fields, courts, etc. C. R. "Tiny" Collins pointed out the issue here is'replacement for Roosevelt Field. He was part of the City's negotiating team with Olympic College Board trying to come up with a solution to a rather difficult problem. In the course of trying to come up with that solution, they researched into cohabiting school property and it TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 9 of 44 became an exceptional "bag of worms". He questioned who will maintain it, who will do all the little parts, what are the hours of usage, etc.? At that time, the City representatives backed away from such a proposal. He believes in using public grounds for everything possible, but let's know specifically who is doing what, and when, and have a contract instead of a "it would be nice" type of thing. Roosevelt Field was built on an old garbage dump - the old Hadden School site was also built over an old garbage dump. He ca~tioned the City Council to look at the Hadden site closely before buying a property for park usage. John Thomas noted there was a statement in the agreement that this does not deal with the sale or transfer of property, but he questioned why, as a taxpayer, should he have to pay twice for a piece of property such as the old Hadden School site? Cecil MoConnell referenced a newspaper article that delineates what the agreement is suppose to cover once it is signed. While all the things listed are nice, they are not a replacement for Roosevelt Field. When Roosevelt Field was sold, it was to be replaced with like amount or as close as possible in the core area of Bremerton. If this is the core area of Bremerton, it has expanded considerably. He is opposed to any agreement that could lead to taxpayer money going into a taxpayer's subsidized and paid for entity, like the school, without the taxpayers having ownership. The School District can sell the old East High School site any time they desire and if the City invests $190,000 into it one and once it becomes private property the City will be out those dollars. He did not agree with signing agreements until both sides know what they will get and what each side will give up. Andv PazTpa raised a point of the possibility of a conflict of interest where Mariwyn Tinsley serves on the Parks Commission and is an Assistant Superintendent for the Bremerton School District. Ian Slevers, City Attorney, stated appearance of fairness doctrine is not implicated in this kind of action because it is not a quasi- judicial action. It is a policy matter and strictly legislative in content. There is also not any financial interest for Ms. Tinsley, since she is not actually letting the contract, but only made recommendations to the Council, who are the enacting body. Even if she sat on the City Council as a member, her interest as a salaried employee of the School District would be too far removed for a financial conflict of interest. Pat Harris stated unfortunately there appears to be some confusion about what this interlocal agreement says and does and what the newspaper article in The Sun alluded to, which were a number of properties that may be looked at by Council as replacement for Roosevelt Field. This interlocal agreement simply addresses the Parks and Recreation Department's ability to get onto school properties and for a nominal fee use TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 10 of 44 those facilities. The City Attorney has reviewed the agreement and determined that it does not obligate the City at all financially and is strictly programming decisions. The Bremerton School District rents their fields and buildings to the PeeWees, YMCA, Boys & Girls Club, etc., and all this agreement is saying is that the City wants to be included with other groups so that they have access to those fields and gyms. The agreement does not address property issues nor does it address land swaps or covering maintenance costs. Based on some of the comments, he feels there is some confusion about Roosevelt Field. This proposal and replacement of Roosevelt Field are two distinct and separate issues. Rov.Mclnnis stated he disagreed with Mr. Harris's comments. He listened carefully to what was stated and read into the record, and he believes the proposed agreement would "lock" the City into something. He echoed "where did the authority come from for someone to sign that type of agreement?" Mr. Harris stated the contract states that each party will maintain and take care of their own facility. In his opinion, it did not obligate the City for maintenance costs for School District properties. What it does say is that if damage occurred when the City had possession, then the City would be responsible, and the same would go for School District use of City property. If the City does not want to use the School District's facilities, we are not paying programming costs or rental fees. The City is already using School District properties and this proposed agreement formalizes that arrangement. Rick Smith stated for approximately 12 years he has coached youth sports and has been active in the PeeWee organizations. The School District's facilities have been used as contemplated in this agreement for all those 12-13 years and probably many years before that time. He did not think the proposed agreement changed the status quo custom and usage of the public facilities. He pointed out the children of Bremerton have very few facilities, and those available to them are mostly on school property. He believes there is some confusion over replacement of Roosevelt Field and that needs to be kept separate. Mayor Lynn Hotton stated the intent of this document is as outlined by Mr. Harris, however, because of the timing and recommendation of the Park Commission with this issue, the two have become a little clouded. Some of the points raised by the community are well taken and as such she would not be opposed to making the document more clear as to the City's intention so that the public feels more at ease about its content. The recommendations that were in Mr. Baker's newspaper article were the recommendations of the Park Commission. The Administration will be making its own recommendation to Council within the next couple of weeks. #2051 TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 11 of 44 Mr. Mievers stated both Mr. Parypa and Mr. McInnis made good points and it was really an oversight not to include a signature for the Mayor on the agreement. Department Heads can't obligate the City, as they are not a separate legal entity for making contracts. He intended to include the Mayor's signature on the document. It is before Council for their legal action and would not be in effect until they gave their approval. Mr~ Law stated to go along with the other comments that were made about the contract being signed prior to Council approval, he felt strongly Council should disavow this document as signed by Mr. Harris. He was not suggesting that as something personal against Mr. Harris, but the fact that it would be setting a precedent by keeping it as a quasi-accepted document for the City. He felt the example cited about a past L.I.D. issue was a good point as to what can happen in such instances. Mr. Colvin thanked Mr. Harris for his desire to minimize expense to the City, however, he agreed with Councilman Law that the document should be rewritten, publicized and brought back to Council. M/S/C(Overson/Colvin) that Council disapprove this contract and remand the item back to staff to be rewritten and represented. Vote on motion: Motion carried. In Favor: Opposed: Winters, Overson, Farr, Law, Montgomery, Colvin, Dawkins, Huff-Menees President Huff-Menees announced Agenda Items 7F and 7G will be continued to the April 12 City Council meeting. 9B - CONTINUED PUBLIC HEARING ON BREMERTON COMPREHENSIVE PLAN -- (1) TRANSPORTATION ELEMENT (CONTINUED FROM 3/22/95; AND {2) ALL ELEMENTS, #AB95-052 Planning Commission Resolution No. 1995-1 proposes amendments to the Bremerton Comprehensive Plan to bring it into compliance with the Growth Management Act (GMA). This Public Hearing has been continued from March 15, 22, and March 29, 1995 to provide an opportunity for interested citizens to comment on all elements of the Plan. Proposed revisions to the draft plan are attached as exhibits. If the Council is ready to take action on the proposed amendments, the they may close the hearing to the public and vote separately on proposed revision to each element (Exhibits I - V). Additional proposals by members of the public or Council members should also be considered for approval at this time. Once all proposed revisions are approved, the Council will be ready to pass a TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 12 of 44 resolution to adoption. Randy Witt, City Engineer, stated as outlined above, this is a continuation of the hearing held two weeks ago on the Transportation Element. At that hearing, the public was walked through the Transportation Element in detail and got to what is the central issue to the City Council and City on how to handle congestion on the Wheaton/Warren Corridor, however, there was very little discussion on the other corridors. To get back on that issue, Mr. Witt introduced John Perlic, from Parametrix, Inc., who would carry on with the presentation. Mr. Perlie, Parametrix Inc., started out with a brief reminder that the Transportation Element addresses: (1) roadway improvements primarily in the Cambrian/ Burwell/Kitsap Way and Warren/Wheaton corridors, and contains facilities improvements and service recommendations for transit, ferries, pedestrian and bicycle improvements, and sections on transportation demand management and system management. He went on to outline the remaining portions of the Transportation Element. Mr. Overson stated it is an easy analysis to demonstrate that the primary adverse impact on the City's level-of-service, particularly in the bridge area, is a result of the County's rampant, uncontrolled, and unplanned development on the north side of the Washington Narrows. He questioned to what degree is the County going to have to come back and participate in the development of a third bridge to resolve the problem they have essentially created? Mr. Perlie stated the measure of that study would include a partnership between the County and the City, and the Federal requirements for a major investment actually requires that type of coordination; and Kitsap Transit would also have to be involved. Mr. Witt stated that is one of the key elements in the Major Investment Study the City is proposing. Such studies are very new and the City has had little experience with them, however, they force people to come together to work cooperatively on very large projects. One of the key elements that is not required in Major Investment Studies, but is critical from the City's perspective in answering the question do we need a bridge, how big a bridge, etc., is do we want to adjust the land use. Jack Lefcoski stated it is true that the Citizens Action Committee voted for 1.06 in which to panic as to the need for the third bridge. The vote on that issue was 5 to 6, and was a controversial vote. In subsequent conversations with many of the members of that committee, if that vote was held today it would not pass at 1.06. He proposed Council think real hard that if the LOS right now is "99 something" -- that is not totally true. The figure of "99 something" was three years ago and no one knows what it is today. He has requested new car counts be taken, but there has been no action by the City. In a recent newspaper article, it stated TAPE #1277 TAPE #1276 City Council Reg. Mtg. Minutes April 5, 1995 Page 13 of 44 Bremerton is projected to get 20,000 new people and he would guess that means another 4-5,000 vehicles. In another recent newspaper article the Puget Sound Naval Shipyard talked about home porting an additional 14,000 people, which to him means another 3-4,000 vehicles. The Warren/Wheaton corridor is at capacity, which is LOS 1 - he questioned why would the City settle for LOS 1.06 thinking that when it gets to be 1.06 we have another six years to get a drawing on the board for a new bridge; and after it is drawn it will take another six years to get the funding together. He suggested the 1.06 be reduced to 1.01 and get on to the plan. To get on with the plan does not mean pouring concrete or buying up any houses, it means we will establish 1-2-3 corridors for further study. His second point is the Comprehensive Plan will tell you that the City's consultants are recommending scenario #3, which he totally disagrees with in light of what he just stated. Scenario #3 does a lot of good things, but scenario #6 does all those good things and a bridge. The City's consultants are saying that we're going to be way over capacity if we aren't there now and why would the City turn its back on a 4.5 million dollar bridge. If Council does not go along with the 4.5 million dollar bridge proposal, he believes they are remiss and letting the town down just like City leaders let the town down when Don Ross tried to build it up 20 years ago. Mr. Witt stated for clarification if you go back and look at the technical discussions strictly on scenarios #3 and #6 that is a correct statement. The recommendation from staff and what Council what has seen presented is scenario #3 with the Major Investment Study for the bridge, which is the first step in making the determination of a third bridge. C. R. "Tiny" Collins stated he remembers the early discussions between the City and public about the need for the Warren Avenue Bridge, but the point was "what do we need a bridge for and what will happen to it". Yes, it would be nice to have another bridge, but the whole thought process that went into building the Warren Avenue Bridge, was that we had people living in Manette who couldn't get across the Manette bridge, so the City talked the State into building the Warren Avenue bridge. Wheaton Way was chosen, probably for good reasons, however, there was no thought given to what was going to happen. There were only a few businesses out there at that time and look at Wheaton Way today. As an example, let's say the City decided to put in a third bridge from Snyder to Pine Road, with the thought process that goes in, which is we need a road to move those people across, we can widen roads and we can build a bridge. But, that is not the answer to the question. The question really is, do you want those roads to end up likeWheaton Way? The City had a very "far-thinking" planner at that time, who had a plan of what the City should do for the three blocks on each side of Wheaton Way at the entrance and the exit. It was given up, and now the City is living with those TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 14 of 44 consequences. If the City decides to build a third bridge! a very strict plan must be in place. Serious thought must be given to: (1) what are we going to do with the land? (2) What are the people going to do, where do the people want to go? (3) Would we be destroying a whole section of the City from the standpoint of high livability? (4) Would we be enhancing livability? (5) Would we be increasing business? There must be a very determined thought process to this whole idea. Two years is a very short time to study and consider all the long-term ramifications. I envision Jack's $4 million bridge is probably a $400 million bridge when you start thinking of the impact on all the land on the other side of the Port Washington Narrows. Let's THINK about it and know what we are going to do, and where our money is going to come from, not just "it would be nice". Del Knauss told about a meeting held last Saturday where at least 4 hours was spent talking about a third bridge and level of service. He calls the $45 million discussed earlier "funny money" because the federal government is going broke, the state is hurting for money, the City is hurting for money, and no one can guarantee anything, let alone $45 million. If Jack Lefcoski wants to get a study going, let him do it. Let him be a consultant at large, free, for the City. If we do not know what the County is doing on the other side, we can't plan anything. Also, the County needs to know what the City is doing. Because the County has driven the growth so bad out to the north, we have to deal with the problems on the Warren Avenue bridge. Mr. Colvin pointed out according to the presentation on the limited level-of-service, Warren Avenue Bridge will reach the projected level-of-service by the year 2000, which is not that far in the future. He questioned what would happen if the Manette Bridge was damaged due to an earthquake? John Perlie, Parametrix, stated the Manette Bridge is already carrying a high volume of traffic, which would then all have to shift to the Warren Avenue Bridge. You would probably then see ratios maybe off of the chart in the 1.03 or 1.04 range. Mr. Colvin asked if the long-range projection was for three bridges. Mr. Perlie, stated possibly, but that the decision of whether there would be a third bridge, and the location will be determined from this Major Investment Study. Mr. Farr, stated he wasn't on the Citizen's Advisory Committee, and could only imagine all the work they did, and commended those who served on it. But, as he understands the level-of-service figure, the City gets to decide what is recommended for the Warren/Wheaton and Kitsap Way/Manette Bridge corridors, and 1.06 is only about 6% greater than what we say it is now. Also, it has been suggested that the ratios used were obtained during peak, rush-hour times of the day, and doesn't have much to do with the traffic on those TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 15 of 44 roadways during the majority part of the day. A comment was made earlier that maybe we should reduce that figure down to a significantly lower level. He commented, however, that he has not seen any input from citizen's to show that they want millions of dollars spent for new roadways to improve traffic on only two sections affected during rush-hour. He questions the wisdom of having that level-of-service set so low on those two roadways that would forced the City to take extensive action in just a short amount of time. He wondered if it would be more realistic to raise those levels-of-service up, say 10% tolerance, to offer a little bit of latitude. There is nothing to say that the City can't take action before getting to that level-of-service, say in response to numerous citizen complaints or a lot of other things which would indicate it is time to take action. On the other hand, he feels if we lock-in with a level-of- service that is low, we set in motion the trigger that forces us to take action at a time that is not appropriate. Mr. Perlie felt Mr. Farr had a very accurate picture of what is going on, however, the Warren Avenue/Wheaton Way corridor is a State highway and a threshold needs to be set because the State will not allow an open- ended level-of-service. Mr. Farr stated he understood the need to set a threshold, he just questioned the need to set it quite so close to what current levels. Mr. Perlie wanted to rephrase the answer differently. He pointed out that there are really two separate questions here: (1) what do you want the level-of-service trigger to be? In other words, when do you want to say it's time to do something about this roadway? Recommendations were made in this report based upon the Citizens's Advisory Committee, Planning Commission, and Study Session input; (2) Do you want to say you recognize that even with a level-of-service of 1.06, or whatever number, you need to start thinking about the Warren Avenue/Wheaton Way corridor, and do you want to direct staff to pursue getting a Major Investment Study underway? From their perspective, this means getting a grant. Do you want that to be in the plan, and do you want to set aside money in the budget to be able to provide matching funds? Another issue is the money for the projects, its source and how it was projected. In the scenarios shown earlier, figures were arrived at by taking averages over the past years, and the other column primarily showed the ability to get grants. As far as the grant figures, those are expected to remain the same. It is getting tougher to get the grants as other cities are competing State-wide. No one can guarantee that matching monies will continue to come in as they have, but he has no better formula to use than averages from the way it has been to give an idea of what can be attained in the future. Mayor Hotton commented that the third bridge issue was one, very small item in the whole Bremerton Comprehensive Plan/Transportation #0512 TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 16 of 44 Element, and she did not want Council to lose sight of that. The City's level-of-service at the present time, indicates that the City will reach a congestion point in a relatively short time, however, she commented that compared to other cities, Bremerton has it pretty good. She feels currently that the bridge does have capacity, and is more concerned about the corridor further up the road between the bridge and Riddell Road, and beyond, which she feels is questionable. She feels more concentration should be put into the reasons for the congestion. Bremerton has not had any major growth in the last 20 years, rather the impact is caused from major growth taking place in the County. She warned that a third bridge project would compete with all the City's other transportation projects, and did not want anyone to lose sight that there are a lot of other issues that need to be taken into consideration. Mr. Dawkins brought up the issue of the Manette Bridge, and the plans for improving it 9-10 years down the road. Mr. Witt stated that they have been working with the state to move up the time- frame for the scheduled work on the Manette Bridge, but he does not feel they have had great success with those plans. Also, there are more detailed plans for the bridge that are not included in the Transportation Element, however, their suggestions have been to keep the bridge in the same spot, and they assume once the work is completed on the bridge, more cars will be able to get across than there are currently. M/S/C(Law/Farr) to accept the concept for the No. 3 proposal, and change the level-of-service factor to 1.08. Mr. Montgomery pointed out congestion problems in Seattle, specifically the Aurora Avenue corridor. According to Seattle's plan, some areas have an LOS of 1.05, and they have no plans to improve the ability for cars to get in and out. The rationale for that is to encourage transit ridership, pedestrian activity and bicycle use, and to promote growth in urban areas. He reiterated that a third bridge in Bremerton would destroy a whole community. Mr. Overson asked if Bremerton calculated its level-of-service the same as Seattle and Kitsap County? Mr. Perlie stated Seattle used a somewhat different calculation methodology. The Growth Management Act did not specify how to measure the level-of-service, so different communities are adopting different ways of doing it. Also, the County uses a slightly different methodology, as do many other jurisdictions. Mr. Overson asked which community is getting the most funding based on the way their level-of-service is designed? He does not agree with the way Bremerton has calculated level of service. He asked if Council should "re-visit" the level- of-service definition, particularly because the City needs to be TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 17 of 44 somewhat compatible with the County? Jeff Peacock, Transportation Division Manager, Parametrix, stated the level-of-service standard used by Kitsap County is somewhat different, but when you look at the big picture it is almost identical. The methodology that they are using for counting their vehicles is based on a 24-hour period. They then use what is called a "peak-hour factor" to come up with what the standard would be and when a given threshold would be reached. When we compare that methodology to the methodology the City is using, which is pretty much a national standard, the difference in when that threshold would be reached is almost imperceptible. In other words, you can take issue with the details on how its done, but there is little difference in the end results. Mr.,Law pointed out the need to look at the cost-benefit factor. He also questioned who will benefit from a third bridge since the City is not looking at a significant increase in the population? He is not interested in taxing the citizens of Bremerton to give a better transportation mode to those passing through, but not stopping in Bremerton. Mr. Overson wanted to clarify the discussion on the 1.08 rating, and what changing that figure might do. It is his understanding that when a 1.06 level is reached, it automatically kicks in a Major Investment Study that then determines who pays for the bridge, or whatever else is determined to alleviate the problem. Mr. Witt paraphrased the question, "what would happen if we set the level-of-service at 1.08". What that does is move up, and move out the level of congestion we are willing to tolerate before we decide to do something different to bring this congestion back down to tolerable levels... this is called the "trigger point". He emphasized the City needs to have a plan in place to bring the congestion down within 6 years, either on the original 1.06 or 1.01. You also have to implement the plan. In six years you have to be done with whatever it is your going to do to bring the level- of-service down. One idea that has been discussed already is a third bridge, which is a drastic example. He cautioned to keep in mind the following two points: (1) The,population increase in the City of Bremerton is expected to be 20,000, which roughly amounts to a 50% increase in population; (2) the City and the Council does have the ability to change the level-of-service on different roadways in the future. Mr. Montgomery commented on the Major Improvement Study, which is a study to determine between the City, County, and State, if there is a problem, and if there is a problem, where that problem is, and how to solve it. It doesn't necessarily mean that a third bridge will be built since there may be other solutions, but that won't be known until the Major Investment Study is completed. Mr. Witt TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 18 of 44 stated that is correct. Mr. Montgomery stated the City can seriously impact any decisions to build a third bridge by using the "Land Element Usage". Also, Mr. Montgomery did not understand how Commissioner Matt Ryan came to the conclusion that the County was helping the City by bringing in a third bridge to bring all traffic North of the Riddell Road area into Bremerton. How is bringing in traffic to Bremerton going to help Bremerton? There are obviously different opinion on the Growth Management Act between the City and the County. Mr. Farr stated after all is discussed, the decision was made to raise the level-of-service to 1.08 from 1.06, and he wondered if that was intended to apply to the other thoroughfare that is near capacity, or just to the Warren Avenue/Wheaton Way corridor? Mr. Law stated he was only referring to the Warren Avenue/Wheaton Way corridor. Mr. Wltt also clarified that this corridor is the only one at 1.06 level-of-service now. Vote on motion: In Favor: Farr, Law, Colvin, Winters, Huff- Menees Motion carried. Opposed: Overson, Montgomery, Dawkins Ron Hough, Planning Manager, stated he was now ready to discuss the April 5, 1995 Public Hearing, which is the last Council hearing on the Bremerton Comprehensive Plan. This hearing is open for discussion on all the elements. He presented an overview of the whole process of the Plan, and pointed out new additions and slight modifications that were made after receiving comments from the State. Handouts with summaries of each of the Plan Elements and Proposed Revisions were made available at the meeting, and copies are still available through the Planning Department. The following is a summary of the Proposed Revisions for Exhibit I: Exhibit I, "Element E - Land Use" (4/5/95 Council packet, page 87): 1) Correction of the City Limits and Urban Growth Boundary maps of Watershed/Utility Lands; 2) Revise Land Use Plan Map (apply "MDR" designation west of Warren to Chester; 3) To add "Anderson Creek Corporate Campus" Special Area Plan; 4) Revise West Bremerton Land Use Map (to change "HDR" to "C-G" north of Bayview Inn Hotel); TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 19 of 44 5) Revise East Bremerton Land Use Map (to change "C-P" to "C-G" on former Olympic View School site); and 6) Revise East Bremerton Land Use Map (to change "LDR" to "MDR" on eight lots on Ivy Road). KaY Wilson, Senior Planner, reviewed the Revisions for Exhibits II, III, and IV: Exhibit II, "Element G - Housing" (page 93): following Proposed 1) Low Income Housing The, recommended "Option 2" proposal states that the City will accommodate it's fair share of the low income housing that will be needed over the next 20 years, but wants to make sure the City's existing low income housing stock is factored into the equation, so the City does not end up maintaining more than its fair share. Exhibit III, "Element H - Capital Facilities" (page 95): 1) A number of refinements, rather than changes, to the Capital Facilities Policies; 2) Format, to divide the Element into 2 parts (the PLAN and the PROGRAM); 3) To add a Flow Chart to describe how the Capital Facilities Plan will relate to the other Elements; and Adding a 6-year finance plan for the following services (page 100): 4) 5) 6) 7) S) 9) 10) Fire & Emergency Medical Services; Law Enforcement; Parks; Sanitary Sewer; Stormwater; Transportation; and Water. Exhibit IV, "Element I - Utilities" (page 129): 1) Utilities Revisions to refine and clarify some of the text of the Plan; 2) Adding a Table summarizing all of the Utilities; and 3) Make all proposed "refinements to text" suggested in the Puget Power letter written to Richard Goetz. TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 21 of 44 There are a few areas that do need a little work, such as the population allocation issue. Hopefully, this issue can be sorted out shortly and resolved. Also, there are inconsistencies throughout the Plan in the use of different types of population methodologies, and hopefully that can be resolved over time. He commented on the Critical Area maps, which are in the large scale format now, but will be reduced and added to the plan. The State feels it is important to identify and show environmental sensitive areas, so a reader can see which are the critical areas, and which areas can be developed. A brief comment was made on open space corridors, which really relates more to fish and wildlife habitat concerns. What the State looks for are contiguous lands that will provide corridors for habitat to move through, to and from Bremerton, and believes Bremerton has a number of provisions already in the Plan to accommodate that process. Some on-going discussions have taken place with staff members on adding funding data from stormwater, schools, and transportation in the Capital Facilities Element, and doesn't see that as being a problem. Finally, the State is looking for assurance that there will be protection of water quality and the water supply sources, and that those strategies and policies are incorporated within the Plan. His agency looks forward, with the other State agencies, in helping the City move beyond the planning stage onto the longer journey of implementation. Mr. Colvin asked Mr. Grady if he had reviewed the County's Plan, and if so, what were his comments? Mr. Gradv reluctantly stated yes, and his name is probably well known to the local newspaper due to comments he made about their Comprehensive Plan. He did make it clear that his comments are part of the public record and did not elaborate further. Mr. Colvin asked about his experience in dealing with other counties and cities throughout the State, as far as the cooperation received from them. M~. Gradv stated that by and large, the cooperation has been very good because everyone is under the same amount of pressure, in terms of staff, resources, and time-lines. He also clarified that he included utilities along with counties and cities. M~. Colvin stated he enjoyed the remarks made by Mr. Grady, and hopes that he can help bring the differences between Kitsap County and the City out in the open and on the table for discussion. Ms. Wilson, Senior Planner, returned to discuss "Exhibit VIII, Additional Proposed Revisions", which are revisions primarily in TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 22 of 44 direct response to comments from the State CTED review. Exhibit VIII - ,,Element H - Capital Facilities" 1) Added a timeline along the side to show that Policy Plans are reviewed from January to March; Programs from April to July; and the Budget Process from August to December. Regarding ,,Transportation", a summary was presented of the Inventory of Existing Transportation Facilities, and the recommended Existing Levels of Service on the Streets that are overloaded, or near to being overloaded. This is where one change will need to happen, changing the LOS threshold of 1.06 on the Wheaton/Warren Corridor to 1.08. Also, the Six-Year Financial Plan, which transfers those costs out of the "Transportation Element" into the "Capital Facilities Element Six-Year Funding and Projects" format. There are no changes in content in any of these changes. The final change in response to the States comments, was that they were concerned with the water quality, and knew that some water quality provisions were not mentioned. Text has now been added regarding meeting strict water quality standards which states this is a primary objective of the City, and that drinking water is regularly tested at the sources and in the distribution system. Also, groundwater well's water quality will be ensured through a Wellhead Protection Program to be implemented in 1995. Mr. Hough stated the next step in this process is to open it up for public testimony, and pointed out that this is an open hearing on all the Elements. Nick Penovich, Anderson Hill resident, stated his comments would have to do with the Anderson Hill watershed property . He had no problem with the fact that the City of Bremerton wanted to build an Industrial Park, but it would be NICE if the City didn't plan to put it in a watershed. He questioned why not put it out near the airport? He has concerns about runoff that is going to go right into the bay and chemicals that will be used for the landscaping that could go into their water system. He thinks the plan is "idiotic" if it passes. C.R. ,,Tiny" Collins, a former Council member, stated he has been able to stay away for a year and a half, but now in one night, many things are being introduced that concern him. He gave a little of his background in regard to comprehensive plans, including working on a comprehensive plan with the "118 Committee" (formed around 1972); spending 6 years on the Planning Commission; and 8 years as a Councilman. During this time, he believes he helped establish TAPE #1278 TAPE #1277 City Council Reg. Mtg. Minutes April 5, 1995 Page 23 of 44 the Bremerton Comprehensive Plan we are looking at today. In his opinion, a Comprehensive Plan is like a "four legged stool" -- the seat, or the top, is land use, and the four supporting legs represent the Comprehensive Plan, the Comprehensive Map, the Zoning Map, and the Zoning Ordinance. This Comprehensive Plan is only one piece. His main concern is "what is the City doing with Anderson Creek and why? The Water Utility currently owns and manages approximately 340 acres of the Anderson Creek Watershed, which has been an important part of the water system since the early 1900's. Anderson Creek was used for surface water as late as 1985, however State requirements prevented its use without further treatment. The City has water rights to the creek and the Anderson Creek Watershed is the only water making piece of property, totally self contained, left in Kitsap County. Anderson Creek is listed with the Department of Health as an emergency water supply. A mechanism needs to be established to ensure continued protection of Anderson Creek water quality, both for water supply and for wildlife habitat. Mr. Collins went on to say he believes the City was sold "a bill of goods". Anderson Creek is "money in the bank". If growth is as great as projected for the City of Bremerton, where are you going to get the water? He urged the City to think about those who originally bought the property back in the early 1900's. We have a luxury of good water, and good planning for our water. I would hate to see us cut off our nose to spite our face because of possible monetary gains today. Lets lock up our water and save it. There are 11 wells at the Anderson Creek area, and we use only four. He concluded with a plea to leave Anderson Creek alone, and that the best use for it is the one God made it for, making water. Bruce Morris, Anderson Hill resident, wished to address the issue of soil around the Anderson Creek watershed site, and gave a lengthy overview of various types of soils found in the Anderson Creek watershed area and possible hazards that may occur as a result of disturbing the natural setting that currently exists. He urged Council to keep the City's watershed land in its present state, preserve the water resource and salmon spawning stream. Mr. Montgomez-; stated from Mr. Morris's description of soils, it sounded like he described most of Kitsap County. Mr. Morris stated that was correct. 0liver Nordby, resident of Anderson Hill since 1968, referenced the City's Planning guide and its identifying the need for planning. Prior to 1990, planning in Washington was sporadic and non- existent. There were no guidelines for effective city and county planning and urban sprawl was eating into quiet, rural areas. Natural resources and environmental sensitive areas weren't being TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 24 of 44 effectively protected. The growth of special purpose districts was out-of-control and there was very little overall coordination. It was time to gain control and start managing growth. He felt this was a critical point in the Anderson Hill area. The City's Planning Guide states: "Planning must be done in the open and with public notice of what is taking place. Bremerton's program has been totally open and public from the beginning. All meetings have encouraged participation". He has resided on Anderson Hill Road sihce 1968 and never received any formal notice of land issues affecting the Anderson Hill Watershed area. He cautioned the City that whatever is written in the Planning guide, the City should live up to it. Mike Brown, 1904 Marine Drive, stated he has been working a little over a year on aggregating some property in the City limits of Bremerton for a residential housing project. It came to his attention that part of the processes he would get to at the end of his project might be in jeopardy by the adoption of the Comprehensive Plan. Since the previous Council meeting, he has worked with the Planning Department to try and solve his problem, and be grandfathered under the same rules that were in place at the time he started the initial process, and made those applications. He thanked the Planning Department for working with him and getting to a conclusion that would allow him to go forward without a loss of time and energy. David Cunningham, Vice President of Land Use for Pope Resources, Poulsbo, stated he wanted to correct what he believes to be an oversight in the Comprehensive Plan Land Use Map relative to the West Bremerton area. Five or six years ago when the City was faced with a choice of either building a very expensive water filtration plant or acquiring all of the lands within its watershed in order to get land use under control for the purposes of water quality, Pope owned quite a lot of land in the watershed and worked a very agreeable trade with the City and traded out of that property. In the course of that trade, Pope Resources acquired 250 acres located west of Loxie Egans Interchange and south of Werner Road. At the time that property was acquired, the City designated in the Comprehensive Plan for both mixed residential and industrial purposes. He read the following letter into the record: "Reiterating that in 1991 Pope Resources assisted the City in gaining control of all land use within its Bremerton watershed in order to assure long term domestic water quality, in an exchange for property we owned in the watershed they acquired tracks of City owned land west of Loxie Egans, south of the new regional park. Since that time of the trade the subject parcel was designed for a combination of residential and industrial uses. We respectfully request that your Council designate in its new Comprehensive Plan the continuation of that possibility of providing both employment TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 25 of 44 center and residential uses as portrayed on the attached map with this letter". Their last reading of what the Planning staff wrote on the West Bremerton area was good and it talked about what kinds of industrial lands were available (something like 143 acres). Of those 143 acres, the analysis went on to say many of those acres are in Auto Center Way and have been developed as commercial property, some being mineral lands and probably won't be used for industrial purposes. And, it went on to say that a lot of the industrial opportunities that appear in the West Bremerton area west of Loxie Egans might not materialize. At the end of the staff analysis, in preparation of the Comprehensive Plan, there is actually specific reference to the property and a PUD that was contemplated back when the property was traded and suggested the property was indeed a mix of residential and industrial. Pope Resources would like to see that designation continue in the Comprehensive Plan. The last opportunity they had to see the Land Use Plan For West Bremerton instead designated all of that property low density residential, so the map he offered to Council suggests that part of the property still be low density residential and part of it be industrial park or campus type facility. Admittedly Wright Creek and its small canyon together with some wetlands more or less bisect the part that he has shown as the industrial park area, which could be a little smaller than what is shown on his map. John Thomas stated as a rebuttal to Mr. Montgomery's statement that the makeup of the land is the same as Kitsap County is very true, but we don't get our water from any place else. He wants to continue to drink clean water, which was one of the reasons why he moved back to this area. Secondly, it seemed to him the night the City Council declared the Anderson Hill watershed property surplus, was also the same night the offer of purchase was accepted, which precluded any pubic hearing. ~elen Havens, Anderson Hill Road resident, stated her family has lived across the road from the Anderson Hill watershed property for the last 32 years and they have known it as a valuable and fragile water and wildlife resource. She related a neighbor's problem with earth slippage at the back of his property, which he believed to be caused from clear cutting on the City's watershed property; and he is very concerned about any commercial development in the watershed. He shared with Ms. Havens his excitement about the salmon coming back to Anderson Creek to spawn and did not want to see anything happen that could damage the creek. He also had concern that any stormwater increase will devastate the salmon run, stream and his home. Ms. Havens also talked with a number of people, some City residents, who shared their concern over what was, being proposed for the Anderson Creek watershed property. After a previous Council meeting, she spoke with Mayor Horton about her TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 26 of 44 concern that the City had sidestepped the public hearing process relating to the watershed property, and the Mayor's response was "sometimes a wonderful opportunity comes along and you just have to grab it". Ms. Havens' response to Mayor Horton was "it appeared to be expedience and felt that was wrong". She emphasized there will be appeals on zoning and annexation actions relating to the Anderson Hill area. The first time their neighborhood was given notice of a change within the watershed came as a surplusing notice fr6m the City in early December 1994. She learned many Anderson Hill Road residents had not received that notice. She referenced the City's Surplusing Ordinance 2.78.020: "In addition to publication, the notice of hearing shall be posted conspicuously on the property and notification mailed to all property owners within 300feet at least 10 days prior to the public hearing". She received her notice, which was addressed to her father, on December 1. Ms. Havens displayed a map and pointed out an area that was suppose to be kept by the City as discussed by the City at that hearing. Se has not been able to get a list of names and addresses used for notification of that hearing even though she contacted the City Attorney's office three times. However, it appears an old map was used that listed people as property owners who had been dead for 10 years, her mother was one of them. Despite very little and fragmented notice, quite a few of the neighbors attended the public hearing and many of them asked the City to stop and think over the proposal, but were not heeded. Ms. Havens displayed various maps showing different configurations of the surplused watershed property, including a map showing ownership of land by people who had been dead for at least 10 years. Those maps were all part of the City's various presentations made during the surplusing, purchase option and annexation activity on the Anderson Hill watershed property. The emphasized strip of land along Anderson Hill Road that the City chose to not keep is pretty important and she wondered how that evolution happened without more hearings. She questioned where was that issue discussed? At the December 7 public hearing (Micron hearing), the City Attorney, in response to public complaint about the hearing notice being inadequate, stated: "The points were well made by Mr. Kulman, the decision before Council deals with a narrow issue and that is transference of ownership of this parcel (76 acres) and does not approve any particular zoning and it does not approve any actual land development. Those hearings will occur probably within the next few months on zoning and development after the purchase option is exercised and ownership is put into private hands and those applications are submitted to the City. There may be additional review processes curtailed with approval of those applications". And, Mr. Nordby stated: "he felt more public hearings should be held on this issue". Mr. Sievers then stated in response to Ms. Havens questions: "There will be.an environmental review that will be done before the property is rezoned from Forest Management and TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 27 of 44 again when any substantial building permit goes through, and those hearings will be conducted by the City, therefore, those issues are not addressed in this transfer of ownership". Ms. Havens then pointed out the option to purchase unimproved property, which was signed later that month, includes the following wording: "Immediately upon execution hereof, the grantor shall initiate (1) the fair market value appraisal required above; (2) a rezone application for the option property; (3) a Comprehensive Plan Amendment consistent with the land use provisions of this agreement for the option property and for grantees adjoining property as described in Exhibit C and for pre-annexation zoning for the grantee's adjoining property consistent with that proposed herein for the option property. The applications will propose and the City Administration will support zoning for both properties of mixed General Business (GB) 15%; Mixed Use (MX) 15%, and General Industry (IG) 70% according to the Land Use Table in B.M.C. 21.02.340 with the required development of 10% of the combined properties to have a use consistent with the General Industry (IG) land use prior to or concurrently with the development of uses consistent with that of a General Business or mixed use". Ms. Havens stressed to her that means the zoning was already set and when they said it was two separate issues she has a hard time believing it. The wording of those two statements seem to her to be seriously at odds. The Comprehensive Plan was prepared with a Citizens Advisory Committee, but this amendment sidestepped that process entirely violating the Growth Management Act guidelines for early and continuous public participation to adopt to City Code. Your own City staffers were concerned that the Wellhead Protection Study, scheduled for this year, should be considered in those plans and the neighborhood association comments on the DNS asked that it be done before any zoning changes. Anderson Creek boasts the cleanest surface water of the City's supply and is designated by Department Of Health as Bremerton's emergency water supply. The City of Bremerton is planning for a Wellhead Protection Study and updating the Utility Land Management Plan for the first time since 1986 and it would make sense to await results of those studies before any changes in zoning takes place. Residents of Anderson Hill are concerned that the services provided to this area are hastily patched together - sewer services possibly coming from City of Port Orchard, fire protection seems to be coming possibly from the County and Bremerton, and Bremerton supplying water. She stressed no one knows how much water will really be needed by McCormick Woods/Campus Station, and a Micron like business. She asked if the Capital Project segment of the Comprehensive Plan addresses these needs adequately? The South Kitsap School District was not contacted about the DNS, but it did state Bremerton School District was contacted, which she assumed was in error. The Planning Department has issued a mitigated DNS for this zoning change. The Suquamish Tribe has protested that DNS saying TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 28 of 44 rezoning and changing the Comprehensive Plan designation for this site would result in the sort of poor planning the authors of the State Environmental Policy Act intended to avoid. That DNS has already been appealed by a group of neighbors of the watershed. The Environmental Check List was extremely sketchy and their appeal will probably have a good chance to be upheld. The default administrative zoning of Industrial Park for Mr. Sciepko's adjoining parcel has been remanded back to the Department Of Co~%munity Development by the Bremerton Planning Commission for another look because citizens commented that it was more permissive than the County's zoning on that parcel. The BoundaryReview Board has been requested by Kitsap County to review this related annexation. The Growth Management Act states that private land may not.be designated Forest Management without an Ordinance that provides for TBR's for development credits being passed, therefore you cannot undo this kind of zoning and have it Forest Management again without a great deal of legal pain involving the Growth Management Act. The State and Federal Agencies you may rely on to watchdog this process are under attack and losing funding. The legislation being discussed in Olympia, would make overly permissive zoning an extremely expensive and dangerous thing to do. The City's own Critical Areas Ordinance has a special exemption that specifically exempts aquifers from some protection. She referenced Critical Areas Ordinance No. 4422: "Standards for development in aquifer recharge area shall be those adopted in the Kitsap County Groundwater Management Plan except for those areas designated in the Bremerton Area Comprehensive Plan for high density residential, commercial, central business district and industrial land uses". In other words, the minute you designate that area industrial, you take away its protection under the City's Critical Areas Ordinance. Ms. Havens extended an invitation to City Council members to visit the Anderson Hill watershed on Friday, April 7. She stressed if Council approves the Comprehensive Plan without study and without input from the citizens, the City will end up in a morass of appeals and lawsuits, having soiled their Comprehensive Plan at the last minute and alienating a good portion of the public. If this zoning is approved, the City will be in court with a class action lawsuit with quite a few Anderson Hill neighbors. She urged Council to step back and take another hard look at the whole thing and the larger community in the process. She invited everyone to their Neighborhood Association To Protect Anderson Creek meeting on Thursday, April 13, 6:30 P.M., at the Sunnyslope School. The guest speaker at that meeting will be Kathleen Cahall, Water Resources Manger and the County's Watershed Planner Rick McNicholis and Ron Sciepko, property owner. She asked that the Land Use Element remain as it was developed by the citizens and the zoning be considered further and carefully before considering this amendment. TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 29 of 44 Mike McCuddin stated he commented on this proposal two weeks ago and was surprised when he received a large number of calls from people who viewed the meeting, expressed their support to him for his position, and offered their monetary support. At that time, he naively stated they passed a hat and collected $37.00 to appeal the mitigated Determination Of Non-significance so we don't need any money. If reason doesn't prevail during this hearing, he can use some more money! He believed the point of the earlier dissertation on various kinds of soils was when you have this type of soil on a steep radiant and it is developed, you run a risk that has been proven many times in Kitsap County by serious land movement. At the March 22 City Council meeting Mr. Colvin asked if the Department Of Fisheries was involved in this process since Anderson Creek is a salmon stream? At that time, Mr. McCuddin didn't know the answer, so he contacted Mr. Pratt and asked him if the Department of Fisheries was notified of the mitigated Determination of Nonsignificance and he replied everyone that was suppose to be notified were notified. He then asked Mr. Pratt if a response had been received from the Department Of Fisheries? Mr. Pratt replied no, which was self-explanatory to him that they did not have any objection. Mr. McCuddin talked directly to the Department Of Ecology and Department of Fisheries and found staff at the Department of Fisheries that indicated they were suppose to respond to the notice from Mr. Pratt, however, they had only one day to respond before the date of closing to receive comments and were so overloaded with work that they could not submit an appeal in a timely manner. Mr. McCuddin told that staff person that the City of Bremerton took a "no response" from Fisheries as a sign that the Department had no problem with what was being proposed, which wasn't the case and a letter was faxed, on this date, to the City noting their concerns. He referenced a letter from the Department Of Fish and Wildlife, dated March 27, 1995, from Steve Keller/Habitat Program to the Department of Ecology stating: "Thank you for this opportunity to review the City of Bremerton Comprehensive Plan. Overall, the plan appears to meet the requirements of the Growth Management Act. We wish to compliment the City for its efforts especially since it was working in somewhat of a cloud since the Kitsap County plan apparently constrained its options to prepare a plan in full response to needs of the City. (further down into the letter) On the downside, we are saddened the City has decided to liquidate their ownership in the Anderson Creek watershed, a fairly good producer of Chum and Coho salmon and Rainbow Trout. This watershed has extremely erodible soils and a history of sedimentation problems and stormwater problems in the upper watershed. Further development will have to be very sensitive to in-stream habitat". Mr. McCuddin pointed out it appears this letter has not filtered down to the City yet and again points out the City is moving too fast and needs TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 30 of 44 to slow down so the bureaucracy can catch up. It appears the Anderson Hill Creek issue was tacked on the end and has been pushed through the system and is not getting the fair analysis everything else in the plan received. He questioned if the Capital Facilities proposal addresses making the Anderson Creek watershed industrial? He believed the answer to that question is no. He read into the record a petition that was circulated throughout the Anderson Hill Road neighborhood: "The Anderson Creek Watershed is a critical natural resource of statewide significance that has been publicly owned and protected for over 80 years. In light of recent proposals for the sale and development of the watershed, we the undersigned petition that decisions regarding the future of this resource be made only after thorough and careful scientific study of all of the implications of potential development and/or zoning changes. We support the appeal of the Mitigated Determination Of Non Significance issued by the Bremerton Planning Department and further request that: (1) A complete Environmental Impact Statement be conducted prior to any sale of the property or change in land use or zoning; (2) public involvement (including residents of Bremerton, Port Orchard and Kitsap County) be actively sought and the public included in the decision making process at all levels; (3) alternative plans for use of the watershed property or portions thereof be developed and considered and that identified critical areas and wildlife habitat should remain publicly owned and protected for future generations as a nature park and wetland in perpetuity". Mr. McCuddin provided Council with copies of the signed petitions, which contained approximately 250 names. He passed out a copy of a newspaper clipping that advertised the public notice of the Mitigated Determination of Nonsignificance, amending the Comprehensive Plan Map for 340 acre site from Forest Management to Industrial Business Park and rezone from Forest Management to a mixture of zoning classifications consisting of 70% General Industries, Mixed Use and General Business. Mr. McCuddin went on to say you can see already the City's Comprehensive Plan proposal for the watershed area is Industrial Park, which is the most permissive zoning and skips over Residential and Business. The lead agency for this proposal, the City of Bremerton, has determined it will probably not have a significant adverse impact on the environment, therefore, there is no need for an Environmental Impact Study. The main part of their appeal rests on the fact they believe an Environmental Impact Statement should be done. Also, he believes the Environmental Checklist completed by Mr. Sciepko was inaccurate and misleading, and minimized things like the landslide along Bay Street coming out of Port Orchard. He also pointed out there is another landslide on Anderson Hill Road, which was mentioned previously. That Checklist also failed to state that Anderson Creek does have salmon, however, it did mention it is a critical geological area and that there is an aquifer. If the area is to be used as an industrial site, there is a high TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 31 of 44 probability that there could be contamination into the creek and/or water source. The City apparently agrees with that thought because they say there is a need for a "Contingency Plan" providing alternate sources of drinking water in the event contamination does occur. Mr. McCuddin referenced the option to purchase unimproved property (3~0 acres), which states: "..the option property purchase price shall be at the present fair market value for a property with a land use zoning classification of RU2.5". He is not a realtor, but that has to be much less expensive than "industrial" zoned property. He stressed if the property is being zoned "Industrial" it should be sold at "Industrial" and make the buyer pay the full price. It is a known fact that Bremerton wants to expand their tax basis and that is why they want to zone the site "Industrial", which provides a greater tax base, however, he and others don't accept that because they feel it is not the right area for such development. The next document Mr. McCuddin referenced stated: "The applications will propose and the City Administration will support a zoning for both properties (76 acres owned by Mr. Sciepko and the 340 acre parcel) of General Industry 70%". He reviews that statement to mean the City is committed to do that as designated by the three signature - Mr. & Mrs. Sciepko and Mayor Lynn Horton. Obviously, Mayor Horton wants this site to be industrial. Because she wants the industrial designation and is committing towards that end, they feel the process is being biased. Mr. McCuddin referenced a letter from Phyllis Myers of the Suquamish Tribe's Fisheries & Environmental Program, and quoted: "The site for this proposal is a significant portion of the Anderson Creek Basin Watershed. Anderson Creek is a salmon stream and one in which the tribe surveys annually for adult returns. .... The Suquamish Tribe is concerned about this proposal. Rezoning and changing the Comprehensive Plan designation for this site would result in the sort of poor planning the authors of the State Environmental Act intended to avoid. The content of environmental review is a fundamental step in achieving the SEPA policy mandate, which is to help everyone make better environmental decisions". Further into the letter it states: "There is a well documented history of unstable soils along the highway in a not too distant location from the site of this proposal and the Ross Creek basin. In addition, there is a steep and environmentally sensitive Anderson Creek ravine that would have to have road crossing for development. The site is above a mapped aquifer and groundwater recharge and/or contamination issues are likely to arise". The last paragraph states: "Given the likelihood of environmental sensitivity, the probably significant impact of vegetation TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 32 of 44 clearing, earth work, and introducing contaminants associated with the land uses, which would be permitted with the rezone and the fact that the proposal is part of a larger proposal, we request a revision of the SEPA determination". Mr. McCuddin referenced the City's Critical Lands Ordinance and quoted: "The Growth Management Act has mandated that the City develop regulations protecting the critical areas, which are defined as aquifer charge areas, fish and wildlife habitat areas, streams and wetlands, geological hazardous and flood prone areas. The purpose of the ordinance is to protect the public's health, safety, and welfare by establishing provisions to classify, protect and preserve Bremerton's critical areas ..... critical areas serve many important ecological functions. Many of the critical areas in Bremerton have been lost or degraded through past development. Bremerton, as an urban growth area, is experiencing growth and its land resources diminishing. The increasing growth and diminishing land recourse is creating pressure for the development of critical areas. Because of the ecological benefits of critical areas, their past destruction and increasing pressure to development them, the intent of this ordinance is to insure the City's remaining critical areas are preserved and protected". Another important reason for protecting this area is to provide open space and aesthetic value, which is important to the residents and one of the draws of Kitsap County and Bremerton. Lastly, Mr. McCuddin read into the record a memorandum dated February 15, 1995 from Ron Hough, Planning Manager, to Don Pratt, Director Of Community Development (part of the public access records), with the subject, "Anderson Creek/Industrial Designation" Starting with the second paragraph, "The draft Comprehensive Plan currently shows the Anderson Creek property as Industrial Park. Since there is no proposed development, this designation was applied because it allows a variety of industrial uses while also encouraging a campus like configuration of buildings, open spaces, landscaping, etc. This zone is softer than the Industrial General zone, which is the City's most intense zone for heavy industry. (then on the second page) ...the Anderson Creek site is adjacent to Highway #16 and Sinclair Inlet. It is clearly visible from the freeway, especially from the north side of the freeway. If cleared and developed with a combination of the allowed uses listed above, 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 will be very difficult to reduce it later on if we determine that a mistake had been made. Considering the talk around Olympia these days, over zoning is probably more TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 33 of 44 risky than it has ever been. The City may have other sites within its Utility land that are more suitable for heavy industry. We looked at some sites along Old Belfair Highway west of Gorst and found sites that were relatively flat, have good vehicle truck access, are close to a rail line and water service and are less visible to traveling public". Mr. McCuddin agreed with Mr. Hough that this project would be a black eye for Bremerton. President Huff-Menees asked Planning staff if Mr. McCuddin was correct in his representation of the memo just read into the record. Don Pratt, Director of Community Development, stated yes. Mr. McCuddin did not share Mr. Overson's comments that there would be many "checks" along the way through the various processes this project will go through. He stressed the people in the community are not optimistic or naive, and are not in favor of making the site an industrial park. They are not against growth, but are in favor of planned growth management, however, they are against stupid growth, urban sprawl, and destruction of wildlife habitat. Darts11 Dowd stated he and his wife own land that abuts the City's Anderson Hill Creek watershed property and Mr. Sciepko's property. They were not notified of the City's plan for annexing the area into the City of Bremerton. He felt they were the most impacted because the most logical location for an industrial use would be placed right in front of them and doubted any type of buffering would help. He asked if the need is so great for diversifying business within Kitsap County that we need this diversification at this point in time? Discussion with the Economic Development Council also brought out the issue for the need of more business diversification...more jobs and increase in tax base. He believed the County's unemployment figures are ok and have been relatively ok for a long time. He has resided in this area 21 years and there have been some employment cycles, but it has never been as "rough" in this County as compared to other areas. He did not support the idea that business diversification was a top priority to address the issue of unemployment. A higher priority would be with respect to increased population that will come in because of the U.S. Navy, i.e. affordable housing, more open space, and recreation areas. Mr. Sciepko stated he wants a high-tech, clean business park, hotel, gas station and restaurant. He only needs Business Park zoning, not Industrial Park or Industrial General, which are two higher and heavier types of zoning. He questioned if Mr. Sciepko is being straight forward with respect to what he says he wants to develop when perhaps what he is actually asking for is the highest zoning so he doesn't come under as much public scrutiny when he applies for a building permit. Under IG zoning, Mr. Sciepko can request a Building Permit without going through the Special Use Permit process for most businesses. Under Business Park, he would have to go through that Special Use Permit process for most of the uses listed. If Mr. Sciepko or his heirs sells the property to TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 34 of 44 another developer, that entity could do just about anything they would want to under the IG zoning. At a neighborhood meeting, Mr. Sciepko described how he envisioned developing the City property and implied he is a conservationist by protecting stream habitat, create buffer areas and in general do a good job aesthetically, but Mr. Dowd seriously questioned this. He based that feeling on the fact that there is quite a nice profit in cutting mature growth trees for export purposes and estimates Mr. Sciepko has already cut 1,000 trees in the 8-16 inch categories. He personally measured stumps that were up to 4 feet in diameter and many over 3 feet and every tree left with an 8-inch top or better is either crooked or has too many knots for export and there is only a handful of those, but there are a lot of alders, quite a few maple trees, scrawny firs and hemlock. He also observed a "cat" track down a 20 degree hill side, which is about a 45% slope and within 80 feet of a creek. If this is an indication as to how Mr. Sciepko would treat the City's property, then he is sure no one would want him to touch it. Don Pratt, Director of Community Development, stated there are three actions underway: (1) the smaller 76 acre site is in the process of being annexed into the City. As part of that process, there is default zoning, an administrative decision, in which they are required to find the most similar zone to the County zoning and assign it, which happens administratively. (2) On the larger site the City owns, which is already in the City, the proponent has pursued two concurrent paths that are now on the same track. Several months ago, Mr. Sciepko applied for an amendment to the current old Comprehensive Plan and a rezone, which is being processed. A SEPA decision has been made, which has been appealed. Mr. Sciepko applied for an Industrial General zoning and related Comprehensive Planning. (3) At the same time, within the Comprehensive Plan whole package that is being proposed for adoption, it was picked up to consider bringing in an industrial planning designation and that is happening now. The assumption would be, depending on Council's action, Mr. Sciepko may drop his amendment request to the Comprehensive Plan and continue with his zoning or he may continue to pursue it. In any case, that old action is still alive and will continue to go forward in pieces regardless of action taken by Council following this hearing. Ron Sciepko stated he would be speaking on his behalf and his wife Ellen Lunde as contract holders and developers of the Anderson Creek Corporate Campus. They respectfully request the City leave the Industrial Park designation for the corporate campus in the Comprehensive Plan. Removal of that designation stops the project that was started in December 1994, and would preclude them from doing anything for at least one year. They came to the City with a beautiful vision for the land they own and the 340 City acres TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 35 of 44 they asked to be surplused. He believes the City shared their vision and saw the potential to fill a desperate need within the community, the creation of jobs and an effort to diversify the local economy. That vote was the beginning of their project and Council's vote to designate the land as Industrial Park, in February, was an initial step in the planning process. The Comprehensive Plan is a very critical planning document without which nothing can follow. The City has ordinances and the State has codes and the Federal government has laws, all of which control what can and cannot be done. The City's Planning Department, with Council's direction and approval, controls the requirements for site specific focus environmental impact statements. City Councils and County Commissioners throughout the state have had to make similar planning decisions regarding designation of industrial and commercial sites. The City Council has a continued on-going vote in what will be allowed in the Corporate Campus. By law, the Growth Management Act mandates that industrial sites be designated in urban areas, not 5-10-15 miles from urban centers, but must be available to urban services. They are fortunate to have unimproved land such as this situated where there is water, power, sewer, gas and a major highway link. This is what growth management is all about. As he stated in December, 1994, he listened to what the community was saying to the Kitsap County Planning Commission - that voice said give us jobs. He also listened to the concerns of the Suquamish Tribe, the neighbors of Anderson Hill Road and the citizens in general. He acknowledge and shares their concerns. He does recognize the rights the Suquamish Tribe has to the territory, the salmon and the shellfish. Mr. Sciepko displayed a map and addressed the environmental issues through the identification of a buffer area/park along Anderson Creek that would maintain the integrity of the most steep slope areas and development of the areas that were less likely to have significant impacts on properties on the down side of the site. As his project develops, he foresees having a steering committee involved that would include representatives from those groups that have a concern, such as the Suquamish Tribe and Anderson Hill Road neighborhood, as well as those entities that will be providing various services to the site. Mr. Montqomeryasked Mr. Sciepko's plans for the area just east of the area designated for a park? Mr. Sciepko stated he is in negotiation with someone, and not at liberty to say what might be located on that site. Mr. Law stated for clarification that we are not talking about changing the designation to Industrial General but rather Industrial Park, which is a change from the first request. Mr. 8clepko stated that was correct. Mr. Law questioned for clarification if the IP designation is approved, the contract to purchase the property would be modified? Mr. ScieDko stated yes. Allen L. Hart, Engineering Geologist, stated he was asked by Mr. TAPE #1279 TAPE #1278 City Council Reg. Mtg. Minutes April 5, 1995 Page 36 of 44 Sciepko to address the site geology and some of the slopes on the Anderson Creek Corporate Campus. His comments are based on work he has done to the north, south and west of the subject parcel and a brief review of geologic maps of the area. He complimented the gentlemen who summarized the Soil Conservation Service information earlier. To take it a step farther, the alderwood, harstein and McKenna soils are derived from glacial tilt apparent material, which is typically called "hardpan" or a lean concrete...silty sand/gravel. The geologic maps indicate through the central portion of the slopes the soils are comprised mostly of sands and various amounts of gravel, and these would correlate quite nicely with the Indianola soil. The Soil Conservation Service uses a combination name of Indianola/Kitsap Complex for portions of the contact area between Indianola and the Kitsap soils. Kitsap soils are identified on geologic maps as the Kitsap formation primarily as silt and clay. Another type of soil is a kind of pasted on soil that covers steep slopes that have sloughed or are subject to sloughing. Mr. Hart went on to say there is no set soil type or geologic designation for those materials. The soils on the property are all competent and suitable for support of structures be it commercial, residential, or any industrial designation. These soils have responded favorably to development throughout Kitsap County. One obvious concern to people regarding this development has to do with the steep slopes into the drainages. If you were to refer to the coastal zone analysis for Kitsap County, one would see that they map inland from the shoreline approximately 1,500 - 2,000 feet, and it is just a swath that follows all the way through Kitsap County and around Puget Sound. The slopes overlooking Highway 16 and up into the Anderson Creek drainage are identified as "unstable". The designation of "unstable" follows up the drainages, remaining on the steeper slope areas, while the upland areas have a flatter slope, and generally are designated as being "stable". The proposed Industrial Park will incorporate nearly all of the slopes that would be in question, and they would not be developed upon. Slopes and soils that are similar to these found on this property have been developed successfully in Kitsap County and in other areas. The slope stability issues can be addressed through planning and design considerations, and the use of slope set-backs. The designation of "unstable" or the presence of land slides on a parcel should not deem an entire project area as undevelopable. These items should be used as guidelines, and as keys to planning and design, and the identification of areas that may require additional studies. It is his opinion, if development of this parcel is approved as proposed, the topographic relief through the corporate campus area lends itself to minimizing site grading considerations and would facilitate the geotechnical investigation on a development by development area, rather than attempting to TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 37 of 44 evaluate an entire 340 acre parcel at "one-shot". The topographic and soil limitations and restrictions are already clearly known and identified, and drainage and runoff considerations will require addressing during the planning and design phases of the project. It was also his opinion that this site, from a technical standpoint, is suitable for the type of development proposed. Jon Rose, Civil Engineer, Pak-Tech Engineering, stated he has been working with and representing Ron Sciepko and Ellen Lunde on the Anderson Creek Watershed project. He addressed several concerns that were raised earlier, and also wanted to address some of their own concerns to Council concerning process issues. In regard to the question raised by a member of the City's staff as to whether or not this project should remain with its Industrial Park designation the way it currently resides on the Comprehensive Plan, he instead asks, "why would we not keep that designation as it is?" Concerns raised by Anderson Hill residents are important, but the question is, are we going to change the designation? Has anything new been learned as far as the environmental status, that was not already known? Has anything changed that would cause the designation to be changed? Everyone is already aware of the steep slopes, but steep slopes do not cover the entire site, only a portion. What might be news tonight is that there is going to be a park, or a preserve area that will isolate most of the steep slope areas away from the development. What also might be news is that the development is going to happen on topography that is very favorable to development, as stated earlier by the geologist. He stated they have been fully aware of the important stream resources and the wildlife corridor resources that run through this property. He also clarified that they are aware of Anderson Creek being a salmon stream, and they fully understand the concerns of the local residents. The property has served the City as a watershed in the past, as it has for decades, but he reminded everyone that the City is preparing a Wellhead Protection program. The developer has already agreed in writing that they will comply with whatever that Wellhead Protection plan says. Mr. Hart questioned why change the land use designation now? Why change the commitment that was given in December when it was decided to surplus the property, giving Ron Sciepko the option to buy it, with an Industrial Park designation? His only guess was that there must be a concern that things are moving too fast, and the City is losing some sort of control over the process to regulate development actions. He assured the citizens this was not the case. The Bremerton Comprehensive Plan is a planning document that is committed to provide a certain type of zoning, but it is a commitment on paper and does not by itself allow one spadeful of TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 38 of 44 dirt to be moved. All of the controls over development that the City had before the Comprehensive Plan are still in place. He reminded everyone that the Comprehensive Plan itself designates this area as a "special study area", stating that no development will happen until further studies are conducted to ensure that environmentally and socially responsible development occurs Last year a Critical Areas Ordinance was adopted to define and regulate the kind of activities that can and can not happen in critical areas, which is still in place. There are also numerous regulations and agency reviews that are already in place that must also be adhered to. This is the very early stages of a very long process. This is simply one step, and if the Industrial Park designation is removed, the project could be halted for at least one year, and possibly up to five years. It was.also pointed out that Ron Sciepko and Ellen Lunde reside on land adjacent to the watershed property. Who would be a better person to be connected to this project, someone from out of town? He believes this is an important consideration, someone whom the City has local access to, and someone who has a local commitment. He discussed the Growth Management Act, and how growth is encouraged in urban growth boundaries. This area is not only in the urban growth boundaries for the City, but also for the County. It is one of the few areas that the City and the County has in common. He listed all the other resources that are already available such as water and sewer. He told of an annual meeting for the Environmental Development Council where a message was broadcast that in the past communities have desired developers to come in, to some degree, and revitalize the communities, in order to revitalize the job base. But, you can't invite them in on one hand, and then regulate them out of existence on the other. He concluded by saying they were here tonight to ask the City to take one step, a critical step, but only one step. Helen Havens corrected Mr. Rose in that it was the "Economic" Development Council, not the "Environmental" Development Council. She then reminded everyone that this amendment is a change to Industrial Park, from Forest Management. Also, what may be planned for the Anderson Hill watershed property is not the proposal before Council at this time; and Mr. Sciepko has not made a commitment to a specific proposal, nor does the zoning reflect this proposal. It is important for everyone to understand that Mr. Sciepko can afford a lot of experts, and can paint a "pretty picture", but he is not committed to this project. This proposal is committing ourselves TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 39 of 44 to Industrial zoning. If this Comprehensive Plan amendment is approved, the special study was written for this particular project. She believes it was designed to lure away from the need for an EIS study. She said it was never suggested that development was not possible on this particular section except for the stream corridors, and does not deny the possibility that this area can be broken up into sections for development, but stressed she did not want to see the zoning changed. She believes the City has the responsibility to be the stewards of this land with its critical water and wildlife resource and should not turn it over to a private owner. She asked that the City take time with this, and that one years time sounded wonderful to her. G. Pertin Walker, Attorney at Law with Vandenberg, Johnson, & Gandara Law Firm of Tacoma, stated for several years his firm has provided legal council to Ron Sciepko and Ellen Lunde, and at their request, he came to tonight's hearing to address some legal issues. He asked that it be noted that no threats are coming from Ron or Ellen. This has been an expensive effort on their part, even though it has not been reciprocated. On December 7, 1994, the same issues that Ms. Havens has addressed TWICE tonight were heard in a letter. There was notice, if you review the minutes of December 7, 1994, your attorney, not Ron's attorney, advised you repeatedly that notices had properly been given regarding the December 7th meeting, and no one challenged the notice following that hearing. Now here it is four months later, there is now a claim that something was "defective" at that time. Everything was done properly, and the decision was made at that time to surplus the watershed property. Neither Ron Sciepko or Ellen Lunde made that decision, the City did, and he believes it was a proper decision based upon the City's staff recommendation. At that time, a commitment was made that the City would initiate a fair market value appraisal, which the City has done. Also, a commitment was made that a rezone application would be initiated for the option property, which has been done by Mr. Sciepko and is now being appealed. However, that is not the issue here tonight and will play itself out in due course. The issue at this meeting is adoption of a Comprehensive Plan Amendment consistent with the Land Use provisions of this agreement. The necessary decision tonight is very direct...is this property going to have an Industrial Park designation?. The City made that commitment, in writing, as part of the agreement with Mr. Sciepko in December 1994. In regard to the discussion about the applications and the mix of zoning, Council came up with a proper question - "Mr. Sciepko, are you willing to concede here tonight, in this hearing, 'that you abandoned the request for 70% IG", and Mr. Sciepko stated yes. He has given up a very valuable property right. During this hearing, we have seen the exercise of free speech and the right to petition, and for the most part people have been understanding and patient with each TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 40 of 44 other despite strong feelings. But, part of our American system includes the right to acquire and own things. No one else tonight, except Ron Sciepko, has said what they would give up to preserve these various environmental values. He has already committed to you that the IG zoning is gone. Fairness requires that the commitments that were made in December be moved to the next level. Tonight, you are not being asked to approve a building permit, you are not being asked to approve a zoning change, only to adopt a Comprehensive Plan. We invite you to do so, consistent with the decisions and the commitments that have been made. In good faith, Ron and Ellen have proceeded, and in good faith, the City has proceeded, and he asks that the City continue the actions in good faith. David Della 'Rovers, Anderson Hill resident, stated that the proposal shown here tonight with the park, looks really nice, but what the Comprehensive Plan says is that the whole thing is going to be Industrial Park. He asked why put in the Comprehensive Plan that the whole thing is going to be Industrial Park, if part of it is going to be left as a park? Why is this part not designated as Open Space to make sure that it is protected? Also, why even sell that land? Why not keep it public domain? Why would Mr. Sciepko want to buy that property and not develop it? Mr. Sciepko stated this is the first visual proposal the residents have seen for the Campus Business Park. It is still not clear, however, where the roads are going to come in and out. Also, there is an area at the top that Mr. Sciepko has stated might be offered to another developer. Due to these and other unanswered questions, he feels it is important to be cautious. He stated how he spoke at a meeting here a few weeks ago and felt good because he thought the Council members had all listened and paid attention, but the next day Ms. Haven showed him a set of minutes from the December 7th City Council meeting showing a letter that Helen had read into the records, and around six or seven residents who testified, but only one Council member voted against the proposal. He then wondered, do Council members really listen to public testimony? He felt there was not adequate notice to surrounding property owners and the first he heard about the City taking action was receiving, in the mail, a notice about the mitigated Determination of Nonsignificance. He received that notice from his mortgage company, not the City. His next door neighbor did not receive notice and because his mortgage was sold four times within the past year, the mail probably hasn't caught up with him yet. He questioned how difficult would it have been, on such an important decision, to send someone around and leave a note on peoples' doors? He has seen signs up in various locations, mostly County signs, and questioned why wasn't the watershed property posted along Anderson Hill Road? He used Puget Power as an example for contacting the residents when they are working in the area and TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 41 of 44 desire something from the property owner. Mr. Sciepko's attorney talked about fairness and that Mr. Sciepko was proceeding in accordance with his agreement approved in December. He questioned what about the fairness to the residents, who were not informed. The City Attorney may have said the public was given proper notice, but what if he was wrong - maybe someone thought everyone was informed and now they say "no one challenged that fact that notice wasn't given". He asked how could they challenge the fact that notice wasn't given if they didn't even know there was a notice in the first place. He believes it is fair to slow things down and asked Council to not change the zoning of the watershed property to Industrial Park, but leave the land use as it is - Open Space or Forest Management and look at that issue later or make a motion to saylets wait until the Wellhead Study is completed or some type of environmental impact statement is done. He referenced the signatures on the petition, who are concerned about the loss of open space, protecting the environment and streams. His fear is as fast as this process is pushing through and passed the community, what is going to happen with the building codes? He did not believe Council has received all the information from the Planning Department, as the one internal memorandum referenced earlier noted. Unidentified speaker stated now the zoning has been changed from Industrial General (IG) to Industrial Park (IP). He asked if Mr. Sciepko or the Planning Commission realized they made a mistake or are they trying to pacify the residents? Maybe the IP zoning might be a mistake as well. He looked through the Land Use Tables, which show various types of business and industry that can be operated under certain types of zoning. It concerned him that someone else could acquire Mr. Sciepko's property and develop it into a heavier industrial use than what is being proposed by Mr. Sciepko. He pointed out there are 105 different land uses under the IG and 73 uses under IP, 58 under BP (36 of those uses need Special Use Permits). But, on the IG zone there are 84 allowable uses without any Special Use Permits. He stressed the IP zoning is not much different from the IG zone and supports the City holding up until some good decisions can be made that would benefit the public. Mr. McCuddin referenced the Environmental Check List where Mr. Rose indicated the presence of salmon, and found that the specific reference to various types of fish was not marked, but "OTHER" was circled without comment; and under "THREATENED OR ENDANGERED SPECIES it reads: "It is unknown if any threatened or endangered species occur on subject property". He read other items off the Checklist with various comments noted. Mr. Hough once again listed the proposed changes under the Land Use Element as follows: #1689 TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 42 of 44 1) Correction of the City Limits and Urban Growth Boundary maps of Watershed/Utility Lands; 2) Revise land Use Plan map (apply "MDR" designation west of Warren to Chester; 3) To add "Anderson Creek Corporate Campus" to the Special Area Plan; 4) Revise West Bremerton Land Use Map (to change "HDR" to "CG" north of Bayview Inn Hotel); 5) Revise East Bremerton Land Use Map (to change "CP" to "CG" on former Olympic View School sites); and 6) Revise East Bremerton Land Use Map (to change "LDR" to "MDR" on eight lots on Ivy Road. Two additional requests were made: (1) David Cunningham presented a change for the Pope Resources property near Pendergast Regional Sports Complex and suggested a map that showed roughly 40% Industrial. Mr. Hough noted currently that area is zoned for a PUD with a specific percentage of development opportunities - 70% single family residential, 20% multiple-family and 10% industrial park. What they had in mind with the Comprehensive Plan it is shown as low density residential, which is the primary use of 70% and with the PUD it would still accommodate that mix of zoning, therefore they did not anticipate any change in zoning. Mr. Cunningham is suggesting a different combination of zoning. This request caught staff off guard and was not expecting to deal with it due to not having enough background information to give Council a recommendation on such a change. If Council desires to make a change for that area, this would be the opportunity to take such action. (2) Mr. Brown talked about being vested under the old process of a rezone issue that he is concerned with and staff supports that position as long as he had his complete application in prior to adoption of a new plan. And, the Sciepko/Anderson Creek property is also an issue Council may want to make a decision on. M/S/C(Overson/Montgomery) to pass Resolution No. 2508 adopting the draft Bremerton Comprehensive Plan as revised by Agenda Bill #95- 052, Exhibits I, II, III, IV, V and VI. Mr. Colvin stated he felt differently than Mr. Overson on this issue and had many questions that needed answers. He asked if he understood correctly that a buffer would be extended along Anderson Creek? Mr. Hough stated he did not know - the City does have a sensitive areas ordinance, which is intended to prevent sensitive #1880 TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 43 of 44 areas from being destroyed. Mr. Colvin stated he did not believe Mr. Sciepko would build over the creek. He asked if the option to purchase is implemented will that include purchasing Anderson Creek? Mr. Hough stated he believed the way it is laid out it would include Anderson Creek. Mr. Colvin asked why couldn't the City keep ownership of the creek and sell him the rest of the land? Mr. Hough pointed out that decision was made back in December 1994. Mr. Colvin stated he is hearing new information and he was very concerned about people not getting notification on land use actions. He felt strongly the City should maintain the land that supports Anderson Creek in its current state and not sell it to Mr. Sciepko. Mr. Hough asked if Mr. Colvin desired the Anderson Creek watershed land remain as Utility Land? Mr. Colvim stated just the area that supports the stream. Mr. Overson pointed out to Mr. Colvin that was where the City's Critical Lands Ordinance comes into play. Mr. Colvin stated he has been around a long time and heard about lots of critical lands and he had a bad personal experience over such an issue. He commended the proponents and opponents of the issue - that's the American Way and those who want to appeal the issue have the right to do so. Vote on Motion: In Favor: Overson, Farr, Law, Montgomery, Dawkins, Winters Opposed: Colvin, Huff-Menees Motion carried. 10A - RESOLUTION NO. 2508 ADOPTING REVISED BREMERTON COMPREHENSIVE PLAN, #AB95-074 Planning Commission Resolution No. 1995-1 proposes amendments to the Bremerton Comprehensive Plan to bring it into compliance with the Growth Management Act (GMA). The City Council held a continued Public Hearing to consider public comments on revisions to all the elements on March 15, March 22, March 29, and April 5, 1995. After closing the hearing to the public and taking action on proposed revisions to the Plan, the City Council must pass a Resolution adopting the revised Plan. Motion to approve was made under the item directly above this Agenda item. 8A - ORDINANCE NO. 4511 (SECOND READING) RELATING TO CABLE TV OCCUPATION TAX AND AMENDING BMC 5.02, #AB95-063 Public comment - none. M/S/C/U(Overson/Colvin) to pass Ordinance No. 4511 on second reading, relating to occupation tax for cable television service #1955 TAPE #1279 City Council Reg. Mtg. Minutes April 5, 1995 Page 44 of 44 companies, and amending Chapter 5.02 of the Bremerton Municipal Code. 10B - RESOLUTION NO. 2507 OPPOSING STATE INITIATIVE #164 -- TAKING PROPERTY RIGHTS, #AB95-075 Initiative 164, the property rights measure, would devastate cities' local zoning authority. The Association of Washington Cities recommends that the issue be given a full public debate and voee AS WRITTEN in order to advise the public fully about all aspects of the dramatic changes in public policy proposed by this initiative. Mayor Lynn Horton stated this proposal is not taking a pro or con position on Initiative 164, all it does is ask, by Resolution, to request the State Legislature to pass this issue on for voter approval rather than approving it themselves. Public comment - none. M/S/C/U(Colvin/Montgomery) to pass Resolution No. 2507, regarding initiative 164: Payment for enforcement zoning regulations. With no further business meeting adjourned at 11:20 P.M. LEE L City Clerk T N City of Bremer/M~ KLM/SH-M/me cc: Normal Distribution File/Vault