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HomeMy WebLinkAbout06/11/97 TAPE #1468 CITY COUNCIL MEETING MINUTES JUNE 11, 1997 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 11, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Council member Sherril Huff-Menees was absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Gary Fogelquist of the Seventh-Day Adventist Church. President Farr announced prior to the Council meeting Council held a Study Session and the topic of discussion was Sinclair Landing Association Update; and immediately following the meeting Council will hold an Executive Session to discuss "litigation". CONSENT AGENDA A. Minutes of Meeting -- May 28, 1997, #AB97-123 #0023 M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as presented. CLaIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. %0038 M/S/C/U(Colvin/Montgomery) on June 11, 1997, the Council does approve for payment those vouchers included and further described as follows: 209649 through 209815 in the amount of $245,357.04. COUNCIL MEMBER REPORTS Mr. Colvin thanked the City Engineer for providing a map showing the north end of the Warren Avenue Bridge, which will be used in developing a beautification plan for the area that was previously covered in Scotch broom. He offered the opportunity for someone to make an artist rendering of that area when replanted. He thanked City Council members and staff for their prior pledges supporting the replanting effort. He plans to brief the City Council at a Study Session on the proposal developed to beautify the above described area. Lastly, he was hopeful that someone within the community would provide computers to families that are financially unable to provide their child or children with a computer so that TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 2 of 31 they can be up to speed with today's technology. Mr. McConnell reminded residents of District 2 that a special District #2 Neighborhood meeting is scheduled for June 24, 1997, 6:00 - 9:00 P.M., at the Sheridan Park and Recreation Center (Lounge). The topic of discussion will be the 20 acre parcel at Almira Drive and Riddell Road. Mr. Law announced the next District #3 Neighborhood Meeting will be held on June 24, 1997, 7:00 - 9:00 P.M., at the Senior Center. The program for that meeting will include "law enforcement" and "status of the Manette Bridge". Mr. Neville congratulated the Bremerton High School graduating Class of 1997; and reminded everyone that schools will be letting out soon so please drive carefully. Mr. Montgomery reported at 9:00 AM this date he attended a briefing by the General Accounting Office (GAO) on their input to the Secretary of the Navy regarding the disposition of the USS Missouri. June 10, 1997, was a black letter day for the citizens of the continental United States...the Secretary of the Navy stated he saw no reason to reopen the selection process of selecting a site for setting of the ex-USS Missouri. After GAO found a major flaw in the original modified selection criteria and reviewing all the information Mr. Montgomery was able to obtain, it is him opinion that the decision to award the USS Missouri to Hawaii was strictly political and was reached as early as 1993. Further, the Secretary of the Navy works for the Secretary of Defense, who in turn works for the President of the United States, so any decision by the Secretary of the Navy would need the Secretary of Defense and President's approval, unless they are over ruled by Congress. Not one member of the State of Washington, Senators or Representative, when contact by Mr. Montgomery, would raise the question in either House to investigate the award process when requested to do so. A few of those that responded to his request indicated this was a "done deal". Mr. Montgomery stressed this is an example of the kind of politics that the current President and Congress are conducting.., they are more interested in allowing our national historical monument, the USS Missouri, to be sent to Hawaii for the sole use of the foreign nationals that support their re-election coffers. In affect, our Washington D.C. politicians are saying we, who live in the continental United States, do not count in the scheme of things. Mr. Winters reported he also attended the GAO briefing as did local news stations and he expects they will highlight the information given out at the briefing during the evening newscasts. He learned through Bob Sauter that in 1987 the Office of Veterans Affairs TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 3 of 31 conducted an evaluation on the Illahee DNR property, which included plans for a Veterans Memorial and multi-use facility. It makes sense to him for the City to pursue acquiring that land and he hopes Mr. Sauter and those involved in leadership in the City find the 1987 evaluation to be useful. Mr. Winters noted he has received a number of complaints from constituents about the terrible transmission of City Council meetings over the past couple of weeks and inconsistent time schedules for rebroadcast of those meetings, which was established at 12:00 noon Thursdays. When he checked Channel 12, he found the replay being broadcast at 10:00 P.M. He urged the public to call TCI and voice their concerns about cable access viewing. The Telecommunication Ad Hoc Committee will meet with Ian Sievers, City Attorney, on June 12, 1997, 5:30 P.M., in the city Council Chambers, to review the completed City of Bremerton ordinance regarding telecommunications. President Farr read the following Proclamation: (1) JUNE 12, 1997, AS THE 99TH ANNIVERSARY OF PHILIPPINE INDEPENDENCE DAY, which was accepted by representatives of the Filipino community. PUBLIC RECOGNITION Bob Sauter, Commander VFW Post 694 and President of the Kitsap County Veterans Coalition, stated his disappointment in Congressman Norm Dicks and other Congressional delegates for not seeking a Congressional review of the Secretary of the Navy's decision awarding the USS Missouri to Hawaii. His personal heart felt feelings were that Congressman Dicks failed every constituent in the United States to retain the Missouri on the mainland, considering the fact our people died for it, not the foreign nationals. Mr. Sauter plans to take his message to every news agency within the United States and the three Counties that are represented by Congressman Dicks. Today, he had the opportunity to speak about democracy and what it means to 100+ students from Naval Avenue School during their tour of Ivy Green Cemetery. Mr. Sauter announced Flag Day Ceremonies will take place on June 14, 1997, 12:00 Noon on the Boardwalk. Phil Drouin, Bremerton resident and member of Our Lady Star Of The Sea Catholic Church, provided each City Council member a complimentary copy of a historical booklet entitled "A CENTURY OF CATHOLIC EDUCATION," and extended an invitation to the new school Dedication Ceremony on June 15, 1997, 4:30 P.M.. Don Atklnson, Martin Luther King Scholarship Fund (MLK), announced MLK presentation of the Bridge Builders Award will be at the Constitutions Day Luncheon on September 7, 1997. The deadline for nominations for this award is July 15. He reminded everyone that the absentee votes on the new Seattle football/soccer stadium must TAPE %1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 4 of 31 be postmarked June 17. 7A - APPOINTMENT OF HELEN D. DAVIS, DEBRA L. JACKSON AND ROY L. MCINNIS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEEt #AB97-124 The Community Development Block Grant Advisory Committee will be meeting soon to make recommendations on use of the grant funds. It is recommended the following three people be appointed to the committee: Helen D. Davis, Debra L. Jackson, Roy L. McInnis Public comment - none. Mr. McConnell asked if there was a conflict of interest if one of the proposed members currently served on a City Board or Commission? Ian Sievers, City Attorney, stated yes. Paula Johnston, Deputy City Clerk, stated if Mr. McConnell was referring to Mr. McInnis, to her knowledge he was not serving on any other City Committee. %0884 M/S/C/U(McConnetl/Colvin) to confirm the appointment of Helen D. Davis, Debra L. Jackson and Roy L. McInnis to the Community Development Block Grant Advisory Committee. 7B - EXTENSION OF LEGAL SERVICES AGREEMENT FOR CIVIL LITIGATION. ~AB97-125 The City has managed general litigation over the last two years under two professional service contracts, one with the law offices of Jean Schiedler-Brown and the other with the firm of Casey & Pruzan. These two-year contracts expired May 31. It is recommended that these contracts be extended for a three month period to allow solicitation of bids for new contracts, allowing variable offers on all or any of the various legal categories now aggregated under the two contracts. Ian Sievers, City Attorney, referenced a handout that Council received and noted the proposed motion includes a third contract, which is necessary because the firm of Casey & Pruzan split up and three of the attorneys formed their own firm (Larson Hart & Shepherd), who are working on three City's cases (Ensor, Worley and Rene), at the same terms and prices. These three cases are set for trial in the next few months and it was felt it would be too prejudicial to bring in a new attorney to handle these cases at this time. Public comment - none. #0997 M/S/C/(Colvin/Winters) to approve three month contract extensions at current terms with law offices of Jean Schiedler-Brown and Casey and Pruzan; and contract with Larson, Hart, Shephard for cases TAPE #1468 city Council Reg. Mtg. Minutes June 11, 1997 Page 5 of 31 assigned, Ensor, Worley and Rene. Vote on Motion: In Favor: Winters, Neville, Law, McConnell, Colvin, Montgomery Abstain: Overson 7C - LEGAL SERVICES AGREEMENT FOR PROSECUTION WITH KITSAP COUNTY, #AB97-126 The proposed contract extends the current arrangement for prosecution and criminal legal support with Kitsap County for an additional two year term without significant modification. The starting compensating for all services is $115,053.08, with an increase allowed for calendar years 1998 and 1999 based on actual cost increases for the County. Ian Sievers, City Attorney, stated after meeting with the City's Police Department and Russ Hauge, Kitsap County Prosecutor, both the County and the City feel that the contract has worked very well and is cost effective for the City. He recommended extending the contract for two years. Tonya Vaughn, Bremerton resident, stated her opposition to the renewal of the subject contract based on personal experience dealing with the City's prosecutor after being a victim of a criminal act. She believes the City's Prosecutor showed total disregard for the law and abused the power of their office. Mr. Winters questioned who would the City's contracted Prosecutor answer to in a situation such as Ms. Vaughn's? Mr. Sievers stated using Ms. Vaughn's case as an illustration, she did contact him with a complaint that she was a victim of criminal activity. Charges were filed and subsequently dismissed by Prosecutor Hall. Mr. sievers reviewed the file with Mr. Hall and Mayor Horton regarding the basis for dismissal of the charges. It was felt the issue was largely a civil dispute over contract terms, that it would be a difficult case to prove criminal intent, and the city's prosecutorial resources were better used elsewhere. Ms. Vaughn did receive a letter from Mr. Hall explaining why he declined the case. Mr. Winters stated then the steps Ms. Vaughn can take is to take this matter through the courts as a civil matter against the individuals she is accusing of having her properties, not the prosecutor. Mr. Sievers stated yes, and that recommendation was stated in Mr. Hall's letter to Ms. Vaughn. Mr. Winters questioned the actual cost of the 1996 contract in comparison to the $15,053.08 proposed in the contract extension? Mr. Sievers stated the same. Mr. Winters referenced the statement in the Agenda Bill: "The starting compensation for all services is $115,053.08 with an increase allowed for calendar years 1998 and 1999 based on actual cost increases for the County", and asked how great an increase TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 6 of 31 would that mean to the City? Mr. Sievers stated they would be entitled to actual labor costs, which is structured similar to the City's jail cost for the contract with the County. Mr. Colvin questioned how a reasonable increase is defined and by whom? Mr. Sievers stated in the case of the County's personnel, he believed the Prosecutors and staff are represented by collective bargaining agreements (Union), so it would be a result of the collective bargaining process. Mr. Neville asked the City Attorney to explain the handout he provided that identified a change in Section V of the contract. Mr. Sievers explained the contract in the Agenda packet, under Section V, contained a fragmented sentence, which was removed, and wording in that sentence was already stated at the beginning of the prior sentence. #1237 M/S/C/U(Montgomery/Overson ) to approve contract with Kitsap County for prosecution services. 8A - PUBLIC HEARIN~ - TO CONSIDER AND ADOPT THE CHARLESTON COMMUNITY PLAN AND RELATED AMENDMENTS TO THE ZONING CODE AND ZONING MAP; ORDINANCE (FIRST READING) t ~AB97-127 The Charleston Community Plan is one of the first plans to combine the provisions of GMA and SEPA and will be a model for other jurisdictions. The Plan addresses the problems and concerns of the City's oldest business district. Public involvement was encouraged at a series of neighborhood meetings held within the district, as well as Study Sessions and public hearings before the Planning Commission. The Plan focuses on the business district and its pedestrian-oriented core, but also includes proposals for improvements and zoning adjustments in surrounding areas. Policies, design guidelines, and zoning adjustments are included in the Plan to guide both private and public investment. The Plan includes related zoning amendments which may be approved by separate ordinance. The Planning Commission conducted its public hearing on May 20 and recommends City Council adoption. President Fart asked the "Appearance of Fairness/Conflict of interest question" with all Council members being seated. Ron Hough, Planning Manager, identified the various documents included with the Agenda Bill: (1) Ordinance, which will not be acted upon until the June 25 City Council meeting; (2) Staff Report; (3) Findings & Conclusions of the Planning Commission; (5) proposed revisions (Exhibit A); (6) Zoning Comparison (GB vs. CD); (7) Correspondence. Mr. Hough noted the end of the 60-day State agencies review period TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 7 of 31 is June 15, and as of this date the City had not received a response from any State agency. The City did receive favorable comments from Kitsap County and a reminder that there is some County zoning in the general vicinity. He also noted because this is a Type IV Legislative action, it requires hearings before the Planning commission, which was held May 20, 1997, and City Council. The process to develop the plan began about mine months ago with a series of public meetings. The Plan is a model that can be used throughout the State and is an integrated GMA/SEPA Plan. The environmental portion of the Plan (EIS), was developed by Bryce Ecklein (Kato & Warren) and will become part of the Plan. The Plan contains planned actions that streamline the process for allowing certain types of businesses to be approved without going through the environmental review process provided they are adequately addressed in the EIS during this planning process. The City received additional funds through a State grant to develop design guidelines, which were recommended in the plan, and being developed by Bryce Ecklein with a completion date of June 30, 1997. The Charleston Community Plan was initiated by the Comprehensive Plan, which was adopted in 1995, recommending that the City develop a plan for this specific neighborhood, which is one of the most important business and neighborhood centers in the City. Mr. Hough provided a viewgraph showing the relationship of the Charleston District to the downtown area, Puget Sound Naval shipyard and residential areas, which contain some of the highest residential densities and has been defined, including Olympic College, Bremerton High School, and Evergreen Park, as the Bremerton Urban center for regional planning through Puget Sound Regional Government. Throughout the process, it became apparent that Puget Sound naval Shipyard was extremely important to the Charleston District; therefore, a map will be added to the Appendix and referenced several times within the text of the plan. Members of the public were involved in the visioning process that resulted in the following: "The vision would see the Charleston Business District physically improved and revitalized to become the retail, service and social center of the Charleston community. In addition, surrounding neighborhoods would be improved, historic structures preserved, worn out sidewalks replaced and parking and traffic problems corrected." The Plan Draft deals with policies and actions in the following categories: Land Use, Transportation, Housing, Economic Health, Capital Facilities and Utilities, Recreation and Urban Design. Some of the issues discussed or addressed in the Plan are as follows: TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 8 of 31 (1) Land use adjustments to accommodate the realignment of Highway 304. (2) Improved bus service, including bus stops, shelters and route information. (3) Proposes to maintain the existing two-way traffic on Callow --- and the parking. (4) Reviewed off-street parking needs (over 1,300 spaces in the area). (5) Encourages property owners to cooperate in the removal of parking barriers. (6) Emphasizes the importance of the Callow pedestrian corridor (Burwell to llth Street). (7) Suggested better parking behind Callow businesses---pedestrian access between buildings. (8) Suggestions to improve the pedestrian friendliness of the central district. (9) Need for clear pedestrian linkages between businesses and surroundings. (10) Importance of PSNS (5,400 people) in the economic future of the district. (11) Suggestions for improving pedestrian crossings and "traffic calming devices". (12) Promotes the use of available programs to assist in home maintenance and rehabilitation. (13) The desirability of the business district merchants to organize and work together. (14) Need to encourage some businesses that don't exist here and phase out others. (15) Need to adjust zoning and development codes to better implement the vision. (16) Recommended a new CD zone tailored to the characteristics and needs of the district. CD would reduce setbacks, promote mixed use, allow residential, etc. (7) Allow some uses as "planned actions" to streamline the development process. (18) Recommended small vest pocket parks and hill climbs on Burwell and 6th Street. (19) Discussed the need for improvements and coordination in the design of signs. (20) Recommends a Capital Facilities Budget -- may be adjusted later. Mr. Hough gave an overview of the district's current zoning and proposed zoning changes that reflected the following: General Business Zone is the city's heaviest commercial zone that is placed along highways and major arterials and allows for all types of mostly auto oriented businesses, i.e, body shops, gas stations, muffler shops, auto parts, and things that cater to automobiles and need auto access. Rather than remodel the General Business Zone, the recommendation is to create a new zone - Charleston District. The recommendation for zoning for the area directly behind the proposed CD Zone west of Callow Avenue between 6th and llth Street, is Industrial Park(IP) zone to reflect current uses in that area, which would allow light manufacturing or heavy commercial such as auto and truck repair, truck rental, taxi cab service, etc. The IP zone would be more compatible and there isn't a large demand for "commercial" uses that require high traffic. The south end of Wycoff Avenue is proposed to be a cul-de-sac when the new gateway project is built. That area was previously zoned Mixed Use; however, no commercial use has been developed since the Mixed Use was approved in 1988. Because the area continues as residential, the recommendation is to change the zoning back to Multi-Family Residential to encourage infill and high density along that street. TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 9 of 31 It is proposed, under the Gateway project, that Kitsap Transit would expand to an area north of its existing facility on the west side of Callow. According to the Right-Of-Way Plan under the Gateway project, all properties from the west side of Cambrian to Rogers Street will be acquired as right-of-way, which includes a small area zoned General Business. A small property zoned Duplex Residential in that same general area would remain out of the right-of-way acquisition; therefore, the recommendation is to have it remain at its current zoning and not include it under the Commercial designation. Proposed Charleston District (CD) Zone - the central part that fronts on Callow Avenue is the pedestrian core, which is to be preserved, and covers the area from Burwell to 11th Street. Properties that front on Callow within that area have slightly different restrictions than other areas of the CD zone. A Zoning Comparison Table is included showing the existing General Business Zone and proposed CD zoning, which is attempting to taper back the requirements in order to better fit the Charleston characteristics that need to be preserved and built upon; thereby making it more pedestrian friendly. Mr. Hough explained how that would affect minimum lot size, lot width, setbacks, allowed residential density, maximum height and maximum coverage. A comparison Land Use Table was provided showing the uses allowed outright in the GB zone and those that would be allowed under the CD Zone. Under the CD Zone a lot of the uses included an * by the A (A*), meaning those uses are allowed outright everywhere except between Burwell and llth Street along Callow Avenue. Other uses would be allowed with a Special Use Permit and when an * accompanies the "S" (S*) they would be allowed anywhere except between Burwell and 11th Street along Callow Avenue. The Planning Commission recommendation are: LAND USE: (1) show all properties that are proposed for acquisition for the SR304 improvements as Right-of-Way on the Plan and Zoning Maps. (Exception: Kitsap Transit area). (2) Issue - Zoning of property at NE corner of Rogers and Cambrian, proposed for "GB" or leave it in its current Duplex Residential zoning? (Note: the planning commission did not make a recommendation on this issue; however, the recommendation from the public was to retain it as DR and not create a "spot zone". TRANSPORTATION: (1) Add an Action statement to investigate the feasibility of right-turn-in and right-turn out lanes on the west side of Callow at First Street. (Mr. Hough provided an overview showing the master plan for the SR304 improvement project and how it would affect access to properties west of Callow between Burwell TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 10 of 31 and First Street. He noted the Engineering Department agreed there would be no problem studying the feasibility of such action.) (2) Add an Action statement to consider locating a parking garage near the PSNS Montgomery Street gate to serve PSNS civilian needs and Charleston business needs. (Mr. Hough pointed out the suggested location was north of First Street and South of Burwell between the new alignment of Callow and Montgomery Avenue.) Mr. Winters questioned the person responsible for the idea of placing a public parking civilian garage in the suggested location? Mr. Hough stated he was not sure who brought up that issue, but it was discussed several times. Mr. Winters stated if the proposal was to locate it farther north near Safeway, he might be more supportive of such a recommendation. Mr. Montgomery questioned if the City or private industry was identified to build such a structure? Mr. Hough explained it could be either, the statement is to consider locating a parking garage. Mr. Winters pointed out the Plan encourages the businesses to develop off street parking and he believes it is counter productive to promote a parking garage. Mr. Hough stated the problem involving parking is there are enough parking spaces for 1,300 vehicles, but those spaces are privately owned and not offered to the general public. President Fart pointed out Council is being asked to add Action statements, and if approved they would allow further consideration of those issues. Mr. Colvin questioned the response to the proposed Plan by the property and business owners most affected? Mr. Hough stated input received has been mostly positive. (3) Add an Action station to consider forming a public development authority (PDA) to construct public parking lots and/or parking structures. (4) Add an Action statement to investigate the feasibility of a crosswalk over Callow at First. (5) Add an Action statement to support the concept of a Burwell Hill Climb with landscaping and pedestrian improvements leading from the business district to Forest Ridge Park. (6) Add an Action statement to support the retention of a short segment of undeveloped Sixth Street Right-of-Way to be improved as the Sixth Street Hill Climb. (7) Add an Action statement to provide bike route signing through the Charleston area. TAPE #1468 city Council Reg. Mtg. Minutes June 11, 1997 Page 11 of 31 ECONOMIC HEALTH: (1)Add a reference to the economic importance of PSNS to page P-20 of the Plan and add a map showing the PSNS/Charleston relationship to the appendix. CAPITAL FACILITIES AND UTILITIES: (1) Revise the Capital facilities tables as recommended for three engineering projects. URBAN DESIGN PROPOSALS: (1) Add an Action statement to place an entrance sign at first and Callow to mark the beginning of the Charleston Business District and use other design treatments to show that the block between First and Burwell is part of the district. (P. 53) APPENDICES: (1) Revise Appendix E -- Proposed CD Zone. (A) Add a legend to explain what the symbols "A" and "SUP" mean. (B) Change the "Auto Services (repair, maintenance, etc.) land Use category to A* (allowed outright) -- originally proposed as SUP. This would allow businesses in this category to locate or expand without a Special Use Permit anywhere within the CD zone except on properties that front on Callow. (2) Add a new Appendix I: Will include the following maps: Identification of the Charleston Business District; Pedestrian-oriented Core of the "CD" Zone; Parking Lot Proposals; Puget Sound Naval Shipyard (relationship to Charleston Map. Mr. Hough referenced the Land use Table #12 AUTO/TRANSPORTATION - Automotive Services (repair, maintenance, etc.) and noted originally this use was proposed as a Special Use Permit (SUP) anywhere within the CD zone. However, during the Planning Commission hearing several auto related businesses voiced their concern that the SUP designation was a down grade from the General Business zone, which allowed those uses outright without a SUP. The Planning Commission's recommendation was to designate those uses as an "A" with an "*" (A*), which raises a new issue. TAPE #1469 The proposed zone allowed automotive services by SUP throughout the zone, including properties fronting on Callow Avenue and existing TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 12 of 31 business would continue to be conforming uses, but new or expanding automobile business would require a SUP. At the request of the Planning Commission, the recommendation was to allow the use outright, except on properties fronting on Callow Avenue. The result of that recommendation would mean existing businesses in the Callow core pedestrian area would become non-conforming and could not expand or rebuild if destroyed by fire. Existing businesses outside the pedestrian core could build or expand without the pubic review offered through the SUP process. Mr. Hough presented a third option for Council's consideration: Allow automotive services businesses outright in the CD Zone, but by Special Use Permit within the Callow pedestrian corridor. He noted only one such businesses exists in the pedestrian corridor and was developed under a SUP process. The benefits of this option are: (1)1 allows existing businesses to be conforming and could grow, expand and rebuild after a disaster; (2) the pedestrian corridor along Callow would benefit from a more thorough public review of proposed development plans through the SUP process. Mr. Overson questioned the meaning of the A* designation? Mr. Houqh pointed out the "*" pertains to the following: "These uses may be allowed throuqhout the CD zone with the exception of properties that front on Callow Avenue between Burwell and Eleventh Street." Mr. Overson questioned if the existing businesses proposed the "pedestrian zone"" Mr. Hough stated no, he was the one responsible. The intent was to protect the pedestrian character of the area based on the vision developed by the public during public meetings held over the past nine months. President Farr cautioned there is a real basis difference in that part of Council's approval process for this plan is to approve actions to investigate issues in the future that would require further Council action. However, the changes to the Land Use Tables and Zoning Ordinances are not future proposals, but would bring about definite changes. Mr. Hough stated the Land Use designation under Transportation uses, i.e. Automotive Services was the most controversial issue and it was felt the area most appropriate for such uses would be outside the pedestrian core. He emphasized the intent was to not make someone non-conforming. Mr. Hough stated during the Planning Commission hearing it was discovered a Hobby Shop moved into the Knights Of Columbus Hall at the SE corner of Montgomery and Burwell. Because the Hobby Shop is a retail store, it is proposed to expand the CD zone to include the Knights Of Columbus Hall so they are not a non-conforming use. It was also pointed out that a number of businesses located on the west side of Callow along Wycoff to the south and north of Sixth Streets were not included in the CD zone. When the City modified the zoning 6-8 years ago, it was decided that the wholesale grocery store located on Wycoff should remain a non-conforming use and not TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 13 of 31 be encouraged to redevelop or change to another commercial use, but preferred to see it changed to a residential use like the surrounding property. It has been suggested to include those commercial businesses in the CD zone so they are not caught in a non-conforming status. Bryce Ecklein, Kato & Warren, talked about his assisting the City with the Plan, particularly the EIS portion and Urban Design concept. He displayed conceptual designs that conveyed the "vision" anticipated for the Charleston District incorporating the elements identified in the Plan and the Planning Commissions recommendations. In regard to the EIS portion, at this time comments on the draft are completed and closed and the final EIS is being prepared. He believed that most impacts are positive and the City's zoning does allow increase in housing capacity by approximately 70 units, which is approximately 8% increase over what would otherwise be allotted. Consideration was given to traffic calming on Callow avenue and a recommendation for one half street closure of Burwell between Callow and Wycoff. Mr. Law asked if the 8% increase in housing capacity took into consideration that the area of Montgomery Avenue between PSNS and Burwell might not remain as residential and might end up being zoned business? Mr. Ecklein stated he believed that the west side would definitely change to commercial. Mr. Overson questioned if the Plan only identified Montgomery Avenue and planning for that area would take place later? People are already saying Montgomery will look like Naval Avenue and questioning why planning efforts are not underway preparing for such a change? Mr. Ecklein stated to a degree it is coming out in the design guidelines, starting with a street tree planting scheme for Montgomery Avenue and new sidewalks under the CSO program. Mr. Overson questioned if Mr. Ecklein's vision did not see Montgomery Avenue becoming like Naval Avenue? Mr. Ecklein stated no. Bill Robinson, Planning Commission member, gave a brief overview of the neighborhood meetings and Planning Commission meetings held on this issue, starting in November 1996. He was pleased with the amount of public input during development of the plan. He found the Plan to be unique over other Plans adopted by the City due to its being more complex because of the nature of the neighborhood, compilation of SEPA input to develop an EIS for 20 years in the future, and the fact there was a follow up from the neighborhood meetings through the effort of a Community Technical Advisory Committee that consisted of City staff (Department of Community Development, Parks and Recreation, Police, Fire, Engineering) Mr. Ecklein and PSNS representatives. He recalled the idea for a parking garage came from Mark Souza, former City Senior Engineer, during one of the Technical Advisory committee meetings. It came TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 14 of 31 up in the context of the neighborhood, City and Planning Commission recognizing that there was a major traffic problem in that area, including parking, and the desire to come up with solutions to elevate those kinds of problems. He recalled Mr. Souza asking the PSNS representative how willing they would be to provide a parking garage and their response was to immediately decline and reminded everyone that they were in the process of building a parking garage. But, since the issue came up the Committee decided to include it in the plan for future consideration. He pointed out the parking garage proposal for the Charleston District was not much different than the Harrison Neighborhood Plan that included a heliport. President Farr thanked Commissioner Robinson for the extra effort he gave in serving as chairman of the public meetings held on this issue. Mike Price, former resident of the Charleston District and Marketing specialist for North Sound Mortgage, stated his support of the proposed plan. He proposed adding another recommendation to Page 18 of the Plan as follows: "Encourage the continued revitalization and maintenance of the local housing stock through incentives and strict code enforcement. Encourage residential property owners to investigate use of city of Bremerton housing assistance programs, FHA 203K loans, FNMA rehabilitation loans and other such programs as tools to purchase or refinance and rehabilitate their properties." He emphasized the importance of promoting the above named loans and rehab loan programs. Paula Johnston, Deputy City Clerk, read into the record the following letter from Mike Price and Carol Lindberg, representatives from North Sound Mortgage dated June 11, 1997: "This is a request that you incorporate into the Charleston Area Plan, recommendations that owners of residential property investigate use of the FHA 203K Rehabilitation loan offered by HUD, rehabilitation programs offered by FNMHA, Bremerton housing assistance programs, and other rehabilitation programs as tools to purchase or refinance and rehabilitate their residential property. The 203K program benefits the homeowner, neighborhood and the City of Bremerton by allowing homeowners to purchase or refinance and "fix up" their property all in the same, affordable FHA insured, assumable loan. current rules allow an owner occupied borrower to use this loan for buildings up to four units with low down payment and competitive rates. The neighborhood benefits by the improved curb appeal of the rehabilitated homes and the resulting increased pride and emotional ownership of those upgraded neighborhoods. The City benefits by not only upgraded housing stock at affordable price, but increased valuations of those neighborhoods, all of this is accomplished by a grassroots effort driven by individual decisions and private financing. So, please study the enclosed TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 15 of 31 information on the 203K Rehabilitation loan and incorporate a recommendation of its use, and the other above mentioned programs, in the Plan. thank you for your consideration." Marvin Bruno, property owner at First Street and Callow Avenue, stated when he first purchased his property and developed it into a number of established offices and Counseling practice, he envisioned similar kinds of professional businesses might want to also locate in that end of the Charleston Business District. He believes the intent of the Charleston District Plan is to help all of the area develop to its fullest potential; however, he is concerned whether or not the entire business district is included or if the focus is placed on a small segment of the district. He views the Charleston Business District starting at First Avenue and ending on 15th Street, but as he listened to the planning and discussions, it appears the proposal is for the business district to start at Burwell and end at 11th Street, or possible even 6th Street. He sees a lot of potential for growth of the business district, if it is not limited to the small segment identified as pedestrian oriented area. He was concerned that the plan not bring about a negative impact on existing businesses within the district. Once the proposed Gateway project is completed, his property and surrounding residential neighborhood will be negatively impacted with the elimination of access on to First Street and he proposes the City institute right turns in and right turns out of First Street. If the access is closed, he believes the adjacent alley will become impacted with traffic using it as an way out of their neighborhood. Merilynn Erhart, owner of All Tune And Lube/601 Callow Avenue, stated her support of the Plan and the vision it portrays for future growth. She explained an important element in locating a business is finding the most advantageous location based on traffic count data, traffic flow, surrounding residential areas and the investment of other businesses, such as the newly expanded Safeway Store. She referenced the Findings Of fact And Conclusions Of Law, and pointed out the following statement under Criteria For Approval #2: The proposed Plan includes recommended changes in the Comprehensive Plan land use Plan Map, and corresponding changes to the Official Zoning Map, which will change the development or use potential of affected sites somewhat. These chanqes are expected to improve the pedestrian character of the business district and improve the residential character of residential areas. No significant adverse impacts on existing sensitive land uses, businesses or residents have been identified". Mrs. Erhart felt strongly that her business was adversely impacted due to the proposed CD Zone, which would not allow expansion or rebuilding if destroyed by fire, etc. She expressed her support of "Another Option" presented by Mr. Hough during his presentation because it TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 16 of 31 is important for the City to look at the existing businesses and their past and current financial investment into the future of Bremerton. She wants her investment protected so that she could potentially expand the business or rebuild it at the same location, if it was destroyed by a disaster type situation. She urged the Council to give serious consideration to the "Other Option" presented by Mr. Hough. Elizabeth Buell, Bremerton resident, expressed concern over parking and questioned if pedestrians will no long be able to cross the street mid point between 6th Street and 11th Street, and will handicap parking be available? Michael Gustavson, property owner (116 and 118 North Montgomery) stated on-street parking is required for residents along his street. When the Navy proposed base expansion, he specifically asked the question about the location of the Montgomery Street Gate, and at that time he was told there were no plans to open a gate at Montgomery. He has questioned if the Navy submitted an Environmental Impact Statement (EIS) for the construction of that gate, but so far had not received a response from those inquiries. He noted Mr. Overson's comment about Montgomery Avenue looking like Naval Avenue, which is a four lane street and no parking allowed, and pointed out there was not room for four lanes on Montgomery Avenue. When he asked the Navy about traffic flow, they responded that access at the Farragut Street Gate would adequately accommodate all traffic. Currently, residents along Montgomery are experiencing speeding vehicles traveling through their area. He acknowledged that his area is out of the Charleston District, but someone needs to address traffic problems currently experienced in that location. Mr. Hough provided the following responses to concerns raised by the speakers: (1) he recommended adding Michael Price's statement to the issues Council will be addressing. (2) Dr. Bruno's issues relating to access on to and out of First Street from Callow Avenue - the Planning Commission's recommendation is to look at the feasibility of allowing a right turn in and out of First Street on the west side of Callow. Mr. Neville expressed concern over the earlier comment that residents in the First Street area would use the alley as a thoroughfare if access is cut off from Callow Avenue. Mr. Mouqh displayed a view graph showing the Gateway project proposing to shut off access to First Street and making it into a cul-de-sac, which would not allow traffic in or out from Callow Avenue. Mr. Bruno stated as a professional businessman, if that access is closed off, it will have a strong negative impact on businesses and residents. He emphasized large numbers of pedestrians and vehicles use First TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 17 of 31 Street to access Callow Avenue to patronize the Callow Avenue Business District and surrounding businesses. Mr. Montgomery stated the intersection of First and Callow has a high accident rate and the alley is extremely narrow. He suggested making the alley one-way southbound. He did not support a left turn off of First Street onto the northbound gateway lane, but he could support right turns in and out of First Street. Mr. Bruno stated he has not seen any statistics showing a high accident rate at that intersection and he supported at least having the right turns in and out of that intersection. President Farr questioned the relevance of the closure of First Street verses what's cognisance of the SR304 project. Mr. Houqh explained the SR304 project is behind us, but the City Engineer has discussed this issue and felt it was feasible to study the possibility of having a right turn in and out at that intersection as well as pedestrian crossings. To looks at the possibility of allowing a left turn would probably bring in the issue of signalization and slowing down of incoming traffic. Mr. Overson pointed out not far from the City's borders there are numerous traffic lights that support businesses. He supported using a traffic light at that intersection, if it is deemed necessary for business. Mr. McConnell stated he could not support a right-turn only, but he would support installation of a traffic light at that location. Mr. Law pointed out the discussion related more to the Gateway project than the issues involved with the Plan. (3) The concern raised by Merilynn Erhart regarding Auto Services in the Callow pedestrian core will be addressed later in this discussion when he again presents "Another Option" he presented earlier. (4) In response to Mrs. Buell's issues of parking and mid street crossing within the pedestrian area, meeting parking needs are proposed through the use of pocket parking lots and part of the concept is to provide mid-block crosswalks within the pedestrian area to make it more pedestrian friendly and crosswalks leading in and out of the shipyard to encourage shipyard employees to come in and out of the Charleston District. (5) In response to Michael Gustavs0n's concern about parking on Montgomery Street, the current design of Montgomery Street between First Street and Burwell has a 50-ft. right-of-way at the upper portion, two 30-ft. traffic lanes (15-feet each), no parking lanes, 4.5 ft. planting strip on each side of the street and a 5 ft. sidewalk. The design of the street changes slightly north of Burwell, but it still provides two moving lanes of traffic with no on-street parking. In regard to the issue about an EIS for the Montgomery Gate project, he had no knowledge of an EIS for that area. Mr. Neville asked if Mr. Gustavson's statement was true that TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 18 of 31 if an EIS was not completed for the Montgomery Gate project, it could jeopardize this whole project? Mr. Hough stated he did not know the exact answer, but he did not think it would jeopardize the project. The EIS may have been included in the shipyard's expansion plans. He would look into that issue before the June 25 Council meeting. Mr. Colvin asked if the City had documentation on the Montgomery Gate Project? Mr. Hough stated no. Mr. McConnell referenced the Land Use Table and questioned why Senior Centers were allowed outright, but Teen Centers required a Special Use Permit? Mr. Hough explained it had to do with impacts on surrounding properties. Mr. Law questioned where a bakery would fit into the Land Use Table? Mr. Hough stated a bakery would be under "EATING & DRINKING" - Donut Shop, Baked Goods--retail. Large scale food products manufacturing is not encouraged in the CD zone. Mr. Overson referenced uses allowed and pointed out the Land Use Table shows no gymnasiums or similar facilities would be allowed in the pedestrian core. He questioned how does that affect three martial arts studios currently located in that area? Mr. Hough stated existing business would be grandfathered. Mr. Overson questioned if the "*" should be removed from that designation? Mr. Hough pointed out martial arts type uses would fit under the Indoor Athletic/Recreation Facility use, which is different than large gymnasium type facility. Mr. Overson questioned if the paint product store fronting on callow fell under the Construction Related category and would not be allowed? Mr. Hough stated no, that use would be allowed outright. Mr. Overson questioned if the furniture store that sells unfinished products was classified under the Wood Products Mgr., (furniture, cabinets)? Mr. Hough stated no, that designation would apply to a business that actually build furniture, i.e. milling the wood and constructing in an assembly manner. Mr. Overson asked that the issue regarding the EIS for the Montgomery Gate project be researched before Council takes final action on the plan. He also would like to make sure that any map or statements regarding the relationship of the shipyard to the Charleston District be approved through the Public Affairs Officer. Mr. Winters questioned if a drive-in theater would be allowed in the CD zone? Mr. Hough stated no. Mr. winters questioned if Adult Business would no longer be allowed in the CD zone and if not, what zone would it be allowed within the City of Bremerton? Mr. Hough stated Mr. Winters was correct in that they would not be allowed in the CD zone; however, they are allowed under the General Business zone by a Special Use Permit. Mr. Winters referenced #9 OTHER RETAIL BUSINESS - any business with accessory gasoline sales, and questioned why the designation included an "*", which would exclude TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 19 of 31 it from the pedestrian core on Callow? Mr. Hough explained that use would require a Special Use Permit within the CD zone, but would not be allowed to front on Callow Avenue. Mr. Winters pointed out the nearest gas station from 11th Street is on Kitsap Way. He referenced the former liquor store site, which he felt was large enough to be potentially used for a gas station/convenience store type business. He asked where could someone obtain gasoline within the Charleston Business District. Mr. Hough stated a future business at the corner of Montgomery and Burwell could provide such services. Mr. Winters called up Daren Stratley, who stated there is a plan to locate a gas station/convenience store near the corner of Montgomery and Burwell. Development of that kind of business at that site would require a Special Use Permit. Mr. Hough confirmed that such a use would be allowed outright in a General Business zone, but would require a Special Use Permit in the Charleston District. Because of the surrounding residential area, the SUP process will allow a higher level of public input before approval is given. Mr. Winters stated he feels, as a Council member, he should do everything to make the neighborhoods liveable and enhance them, and allow business to come into the area as easy as possible. He questioned if the allowed use reverted to the date of purchase for a particular site or the date the design is submitted to the City? Ian Sievers, City Attorney, stated the vesting would not occur until an application to develop a site was submitted as a complete application. A change in zone could create a non- conforming use even for a developer vested application. The term "down zoning" is not accurate since it would continue as an allowed use, but through a different process. Mr. Hough reviewed the five criteria under the Special Use Permit process. Mr. Colvin asked if any business would be displaced as a result of the proposed action? Mr. Hough stated no. TAPE #1470 Mr. Hough presented each of the proposed Action items as follows: options for Automotive services Businesses: AUTOMOTIVE SERVICES: (1) The proposed "CD zone allowed "AUTOMOTIVE SERVICES" by SPECIAL USE PERMIT throughout the zone, including properties fronting on callow avenue. (2) At the request of some automotive business owners, the Planning Commission has recommended a change that would allow outright automotive services businesses in the CD zone, except on properties in the Callow pedestrian corridor. (3) (ANOTHER OPTION) Allow automotive services businesses outright in the CD zone, but by Special use Pe£mit within the Callow TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 20 of 31 pedestrian corridor. #0051 M/S/C/U(Overson/Montgomery) that council adopt "Another Option" - allowing automotive services businesses outright in the CD Zone, but by special Use Permit within the Callow pedestrian corridor. PARKING GARAGE STRUCTURE (1) Consider locating a parking garage convenient to the PSNS Montgomery Street gate to serve PSNS civilian employees and contractors and local business employees and patrons. (2) Consider forming a public development authority to construct public parking lots and/or parking structures. #0091 M/S/C/F(Winters/Colvin) add an Action station to consider locating a parking garage as the Charleston Business District needs. Mr. McConnell pointed out excluding either option, it would not preclude developing a parking garage within that district in the future. Mr. Hough affirmed that parking garages are allowed outright in the CD zone. Mr. Neville questioned for clarification if Mr. Winters was stating no consideration should be given to public parking for PSNS civilian employees, but only the Charleston businesses? Mr.. Winters stated no, he was saying anywhere within that area as a developer or the City would choose to develop such a structure to meet parking needs for anyone in the Charleston District, including PSNS employees. Mr. Overson pointed out the Montgomery Street Gate is not intended for PSNS or to meet civilian parking needs, but for the military support of activities in that area and the ships personnel. If anything should be added he suggested the following: "put the Charleston Business need as it relates to a parking garage". Mr. Montgomery supported Mr. McConnell's position that no statement is needed since the use is allowed outright with in the CD zone; therefore, he could not support the motion. Vote on motion: In favor: Law, Colvin, Winters, Farr Opposed: Montgomery, Neville, Overson, McConnell Motion failed #0252 M/S/C(Montgomery/McConnell) to delete any consideration of an Action item to locate a parking garage near the PSNS Montgomery Gate. Mr. McConnell questioned why is staff being put through an exercise TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 21 of 31 of consider locating a parking garage when it is not needed? Mr. Hough stated the intent of the Action statement is to direct staff to actively consider specific issues. Vote on motion: In Favor: Neville, Overson, Law, McConnell, Colvin, Winters, Montgomery Oppose: Farr Motion carried. MINOR ZONING ADJUSTMENTS (1) To include the following businesses in the CD zone: Knights Of Columbus hall and adjacent parking lot at Burwell and Montgomery, the businesses located on Wycoff and 6th Street (tavern, flower shop, dog grooming, offices, wholesale grocery). #0426 M/S/C(Overson/Colvin) to approve suggested adjustments to the proposed CD zone. Vote on motion: In Favor: Overson, Law, Colvin, Winters, Montgomery, Neville, Farr Opposed: McConnell Motion carried. (2) to include the businesses on Wycoff Avenue (immediately north of 6th Street) and as identified on the map. #0469 M/S/C/U(Montgomery/McConnell) to include the above identified businesses in the CD zone. (3) The lot at the northeast corner of Rodgers and Cambrian to be retained Duplex Residential rather than zoned General Business. #0633 M/S/C/U(Montgomery/Law) to leave the lot at the northeast corner of Rodgers and Cambrian as Duplex Residential. Recommendation by Mike Price: to add to the existing policy the use of city of Bremerton housing assistance programs, FHA 203K loan, FNMA rehabilitation loans and other such programs as tools to purchase or refinance and rehabilitate properties. Mr. Winters stated he doubted it was appropriate for Council to put a partial governmental program and partial commercial lending institution into the plan. Ian Sievers, City Attorney, stated it may be improper if this Action item designates a particular business and proposes some benefit in the future, it may be a contractual obligation that binds future Councils when the program may be implemented. Mr. Winters stated he did not believe that a person would go through the City to obtain a HUD application, which are available through mortgage companies; and he believes someone TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 22 of 31 would benefit through fees or commissions when writing such loans. Mr. Sievers stated it looks like the policy is simply directed at a Federal program that is in place with statutes and regulations. Part of those regulations may be to afford commissions to private enterprise, but is not specific enough to designate a particular business and favor that business over any other that may participate in the Federal loan program. Therefore, he did not believe the policy would be unlawful, if implemented by the City Council. Mr. Mcconnell asked if this was something that should be included in the City's Zoning Ordinance? President Farr pointed out Council does have the option not to make a motion, which would preclude any Action item, and the program is advertised and stands alone. (Note: no action was taken on Mr. Price's recommendation.) #0830 M/S/C/U(McConnell/Colvin) to direct staff to incorporate the approved changes into an ordinance that will be brought to Council for first reading on June 25. 8B - PUBLIC HEARING - RESOLUTION NO. 2602, APPROVING (WITH CONDITIONS) A SPECIAL USE PERMIT AND SITE PLAN FOR A LANDSCAPE/GARDENMATERIALS CENTER AS AN UNLISTED USE ON A 19 ACRE SITE LOCATED IN THE WHEATON WAY AND RIDDELL AREA; APPLICANT: PACIFIC TOPSOILS, INC., #AB97-128 Pacific Topsoils, Inc., has requested approval of an unlisted use, which requires a Special Use Permit and site plan approval. Planning Commission has reviewed the unlisted use aspect on May 20, 1997, allowing public comment as a Study Session, recommending approval of the use "Landscape/Garden Materials Center" for the 19 acre site. the past use of the site along reports of noise, dust and traffic impacts by adjacent residents has placed the project approval on the June 11 meeting Agenda for a final approval by City Council. President Farr asked the "Appearance Of Fairness/Conflict of Interest Question". Council members Bob Winters and Cecil McConnell stated they believed they must step down due to the fact Matt Mathes, Community development Department, brought the subject issue before them at Council's Fiscal and Budget Committee, which was an inappropriate action since it is a quasi judicial matter. Mr. Winters named several issues that were discussed at that committee meeting, which could impact the surrounding neighborhood. One particular statement made by Mr. Mathes, at that time, was that he had dealt with the applicants in other cities and that they did a good job. Mr. Winters acknowledged Mr. Mathes was new to the City in a consultant capacity; however, it did not appear to him to be something of coincidence that he was acquainted with the applicant. Mr. McConnell concurred with Mr. Winters remarks. TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 23 of 31 Mr. Colvin stated he attended that committee meeting and heard the same information, but he did not wish to step down because he was not biased either way. Ian Slevers, City Attorney, stated the issue is not a matter of bias and he did not understand that Councilmen Winters or McConnell to say that they had formed a prejudgment of the issue. However, they did hear information off the public record of a quasi-judicial matter. President Farr announced the remaining Council members would be seated. Matt Mathes, Department of Community Development Land Use Specialist, apologized for the administrative error that brought him in front of the Fiscal and Budget Committee inappropriately. He assured Council he did not have any past or current relationship with the applicant that would create an appearance of fairness issue. The subject site location is 350 feet west of Riddell Road and Wheaton Way intersection, and the City's Comprehensive Plan shows the General Business (GB) zone. The Planning Commission reviewed the application to decide whether or not an unlisted use should be provided on this particular site in the GB zone. During the Planning Commission meeting, the nature of the proposed business was discussed by City staff, the applicant and residents from the adjoining neighborhood, in an open study session forum. The purpose of the meeting was to provide for a required community meeting. Following that discussion, the Planning Commission made a motion to approve the unlisted use for landscape materials/garden center. He emphasized under the GB zone, a landscape materials/garden center would be allow outright without a Special Use Permit and could be approved administratively without any community meeting or going before the City Council. Given the past activities on the subject site, the applicant's operation of an earth work process that they expect to continue for a period of 3-5 years related to the products they sell, warranted the highest level of review under the City's Procedural Ordinance (Type III Public Hearing/City council). Another aspect of the applicants operation deals with the collection of yard waste. In and around Puget Sound it is believed that 30% of all yard waste is self-hauled by residents or commercial property owner to an independent site. The Bremerton- Kitsap County Board Of Health under Ordinance 1993-3 has a permitting process for yard waste facilities and the subject company would fall under that permitting requirement. State WAC 173.304 also regulates yard waste. Background data on subject site: 10 years ago grading activities started on the site during construction of the Fred Meyer store under a Grading Permit issued to Ace Paving. Similar operations TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 24 of 31 continued on the site by another operator and in 1996 complaints were lodged regarding permits and business license of that operator. That operator was subsequently asked by the City and the property owner to leave the site. Following that, Pacific Topsoil came to the City requesting a Business and Occupation License, which was withheld pending the outcome of this hearing. A complaint was filed with the City of May 7 relating to the past applicant, who had been told to leave the site but returned. That same operator has been cited by Kitsap County for non-permitted activity. One of the central issue that Council will hear from the residents (approximately 8 immediately abutting property owners living in residential structures), is noise. Mr. Mattes referenced the applicable noise levels allowed under the City's Noise Ordinance. The City's ordinance is enforced by uniformed Police Officers dispatched to investigate the complaint. Normally, a testing device is not used to measure the noise level, but the Police Officer determines if it is within a reasonable range. It was Mr. Mathes' understanding that procedure was established by the Mayor for enforcing the ordinance under B.M.C. Chapter 6.32. The Site plan shows green areas for a 10-foot wide landscaped perimeter. In addition, the critical Areas Ordinance would require a 50-foot setback for portions of the west property limit, approximately 300 feet from the center part of the site. The reason for the critical area designation is there are slopes that exceed 1-1 slope ratio or greater than 10 feet in height, which are designated as "landslide hazard". The applicant's intents to correct those conditions from a 1-1 slope to a 2-1 slope and it is recommended that the 50-foot perimeter buffer be left in place until such time as another change or permit activity takes place on the site. Access into the site is from Riddell Road along a private easement to a point central to the eastern property limit, which will have a controlled gate with a small sales office (construction job shack - 100-300 ft. in size). Material bins will be provided for the 24 material types, and screening equipment to separate fine materials from larger materials as part of the soils processing. The applicant's intent is to shape the site into a commercial pad while doing business that is currently demanded in the form of landscape products. A list of conditions identified by the Planning Commission, as presented in the Agenda documentation, was reviewed. Since the site is more than five acres, it is under the State's program for Clean Waters Act and there are erosion control measures under that permit. The City's Engineering Department will approve a phasing TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 25 of 31 plan under a separate permit. Mr. Colvln asked Mr. Mathes to stated that the above information was not presented to members of the Fiscal and Budget committee. Mr. Mathes stated for the record the information provided during this hearing was not presented at the Fiscal and Budget Committee meeting. Mr. Overson pointed out items A and B were missing from the list of conditions as identified in the documentation as (c) through (1). Mr. M&thes stated the two additional items are: (a) To maintain equipment on a regular basis, including tune up, muffler replacement to comply with B.M.C. 6.32 Noise Levels Ordinance; (b) to sweep the private asphalt drive and track out control area on a daily basis, including water truck and street sweeper. Jim Lindsay, Applicant, stated Pacific Topsoils is a major processor of topsoils with landscaping products. Their intent is to turn the site into a useful commercial pad for development as well as to set up a retail site along Riddell road once the site has been graded out and rebuilt. He is aware of concerns raised by the surrounding neighborhoods and assured everyone that Pacific Topsoils does not operate in the same manner as past tenants of the site. The applicant had no objection to the list of conditions and felt they were probably necessary considering past actions at the time; however, in the future, if there are no complaints he hoped this business would be allowed to operate as any other business under City codes. They are willing to live within their hours of operation, which does limit their productivity on Sundays and holidays as they are open 365 days a year. Mr. Colvin stated he felt at this time he must step down from the hearing and left the Council chambers at 9:53 P.M.. Paula Johnston, Deputy City Clerk, read into the record the following letters: (1) Richard Roberts, Dale Herbold, Janet Jorgenson, Karen Christensen, Robert Bettes, Rudy diaz, Perry Brooks, David Drive residents - "Recently, the Bremerton City Planning Council held an open meeting; in spite of strong protest from a number of residents of the adjacent area, they voted (with only one dissent) to allow the Pacific Topsoil Company to assume usage of the property owned by Mr. Ross, behind the Petco shopping center, the operation agreed upon was for industrial topsoil and compost manufacture, which would be operational between 07.00 AM and 10:00 PM. this would necessarily involve a large amount of commercial truck traffic. Pacific Topsoil would additionally be operating a commercial front- TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 26 of 31 end loader equipped by an OSHA required back-up-alarm. Operating during most of the above stated hours would also be a "Crusher/Mixer" with its attendant vibration. Vibration of similar equipment, in the past, has had an adverse effect on the "David Drive" neighborhood above and to the west of this property. Most of the land is sand based and the constant vibration has created shifting (dropping) of areas in the properties and sinkhole have begun to appear in numerous places. It is unknown how adverse the effect has been on the extremely old and large pines, which stand at the rear of many of the properties on David Drive. As it would seem that the city of Bremerton is determined to allow this business to operate in this area, in lieu of other quieter and less vibratory endeavors, we of the David Drive Neighborhood would request the following considerations: Many are on shift work and sleep late in the morning; therefore we request that the hours of operation be constrained to 07.00 am to 7:00 PM. It is requested that no Crusher/Mixer operations be commenced prior to 10:00 AM. In the interest of family ability for backyard recreation on at least one weekend day, it is requested that the operation be curtailed on Sundays. It is requested that a monitoring agency be established for this endeavor and a complaint hotline be established in the case that Pacific Topsoil Company does not live up to their stated promises. With the new requirements of complete written disclosure on the sale of real property, the residents of the David Drive Neighborhood feel that we may end up open to lawsuit from those who purchase our homes (should we sell). The aforementioned, says nothing of our concern with the possible depletion of our property value, in light of the inception of Pacific Topsoil Company's operation." The following individuals spoke in opposition to the proposal as presented: Richard H. Roberts, David Drive; Janet Jorqenson, David Drive; Peggy Brooks, David Drive; Dale Herbold, David Drive; Karen Christensen, David Drive, Barbara Roberts, David Drive. Following are the concerns presented by the above noted speakers: (1) Very little concern was given to the surrounding neighborhood TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 27 of 31 by the Planning Commission. (2) The residents felt cheated in that three Council members deemed it necessary to step down from hearing the issue that may have voted to protect the residents because of an inappropriate meeting. (3) The proposed use is not a nursery/garden supply, but a very heavy commercial land moving, grinding operation. (4) A General Business zoned area is being turned into an industrial area. (5) Excessive noise. (6) Dust conditions will aggravate those suffering from allergies and asthma (7) Adverse impact on wildlife on the site and surrounding neighborhood. (8) What will the impact be when Adding 300 trucks daily onto Riddell and Wheaton Way corridor and how will that impact road surfaces? (9) As a bordering neighbor to the site, did not receive notice of the Planning commission meeting. (10) Noise oriented businesses take away the peace and quiet residents desire in their neighborhood. (11) A representative of Pacific Topsoil stated during the Planning Commission meeting that an area will be dug out 8-feet below ground level, which will produce hundreds of thousand cubic yards of sand that will be processed on the site. (12) No sound damping proposal included in the proposal. (13) The hours of operation, as listed in the City Code from 7:00 AM to 10:00 PM, will give the neighbors no life at all. (14) Prefer start up time of 8:00 AM to 5:00 PM. (15) Was a geological study conduced to determine the impacts of vibration on surrounding properties? Mr. Mathes presented two pieces of additional correspondence: (1) John and Rene Hartmann, 1001 Riddell Road and adjacent property owners to the west, provided a list of 10 Nurseries in the greater Kitsap County area with the hours of operation; (2) a letter from Michael E. Brown, F.P.H. Construction Inc., 3331 Kitsap Way suite D, Bremerton, WA 98312, in favor of the proposal. The following responses were made by Mr. Mathes to the concerns raised by the prior speakers: Mr. Mathes could not speculate on the Planning Commission's response to the residents. On the issue of three Council members stepping down from this hearing, in his opinion it would not have changed the outcome and the Council members could have remained seated. Regarding Mrs. Jorgenson's concerns about the number of trucks, he believed the more accurate estimate was 100 trucks, not 300. No traffic studies have been requested, produced nor are required under this kind of permit. Only common species of birds inhabit the subject area and would not TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 28 of 31 be protected under the environmental Protection Act. (6) A SEPA Environmental Check List was conducted and a SEPA determination of non-significance was issued for the action. In regard to Peggy Brooks' comment that she did not receive an initial letter, 47 properties were noticed in the prescribed 300 foot radius, which entailed 39 different property owners. Ms. Brooks' name was not on the list that was provided by the applicant and may in fact be outside the prescribed distance from the site. Ms. Brooks was called to the podium to point out the location of her property on the map. Mr. Mathes stated her property was an abutting property, but he did not have an explanation why her property was not noticed. However, the City did advertise for the SEPA and Special Use and postings were made at two property locations in very conspicuous locations. In response to Mr. Herbold's request for an 8:00 AM to 5:00 PM daily operation hours, as stated by the applicant they operate 365 days of the year. The City Council could make a recommendation on an alternative form of hours, recognizing they would be different from what are prescribed in B.M.C. Chapter 6.32. He noted the hours were already altered by a couple of hours on either end on legal holidays and Sundays after meeting with the neighbors and hearing their concerns. A question was raised by Ms. christenson whether or not a geological study was conduced and if it was required? No study was conducted, but it is required under the City's Critical Areas Ordinance under B.M.C. Section 21.22.100, prior to the city approving restoration of the slope area. A question was raised abut the Excavation Permit issued to Ace paving and why it was not monitored - under the Uniform Building code, grading permits are issued for 180 days with 180 days extension. The city did not have good records indicating why Ace paving was removing dirt from the site. It is a SEPA requirement on new construction projects that new construction identity the source of fill for those sits. So, there was a duty on that construction site to report the origination of the fill and he will look into the matter on the fact that Ace Paving may have provided fill to the Walmart site. TAPE #1471 In regarding to the routes of operation, the applicant would not be required, under a Special use Permit, to designate where trucks go once they enter the public rights-of-way. They did describe the two ways that trucks access public rights-of-ways - along the private access drive to Riddell Road going north and on another TAPE #1471 City Council Reg. Mtg. Minutes June 11, 1997 Page 29 of 31 private access drive going toward the east from the southeast corner of the site onto Wheaton way, which are paved areas of private commercial property and would not be subject to right-of- way improvement, but would be cleaned and maintained by the applicant. The city was not required to notify all 39 resident of David Drive. One notice was returned from the owners of the apartments, which was listed as a Limited Partnership in Salem Oregon, out of the 39 notices sent out. It was asked if a sound wall could be constructed and the answer is yes, but that option was not looked at even though it would be a devise that could mitigate some of the concerns on the top part of the property. Also, mention was made about unstable soils on the top part of the property. If desired, Council could recommended an added condition to address that concern. President Farr expressed his regret, regardless of Mr. Mathes opinion, that three Council members did have to leave due to procedural problems. Paula Johnston, Deputy City Clerk, read into the record the letter received from Michael E. Brown, F.P.H. Construction Inc., 3331 Kitsap Way Suite D, Bremerton Washington 98312 - "Per our telephone conversation of 6/3/97, I am writing to express my support for approval of the special Use Permit application submitted to the City concerning the 19 acre parcel near the plat of Broadmoor village in East Bremerton. The subject parcel owned by Mr. Ross has been used for a similar use for sometime; and in my opinion, creates no negative impact to the neighborhood or community while providing a useful service to its' residents and should therefor be approved."; John and Rene Hartmann submitted a list of regional Nurseries and hours of operation: Port Orchard Nursery Monday-Saturday (M-S) 9:00 AM - 5:00 P.M, Closed Sundays (S); Valley Nursery M-S 9:00 AM - 5:00 P.M., S- 9:00 AM - 6:00 PM; Carter's Nursery M-S 9:30 AM - 6:30 PM, S-lO:00 AM - 5:00 PM; Al's Garden Spot M-S 9:00 AM -6:00 PM, S- 10:00 AM - 5:00 PM; Cascade Pacific Landscape & Nursery M-F 9:00 AM - 5:00 PM, S - Closed; Clear Creek Nursery/McCormick Landscape Tuesday-Sat. 9:00 AM - 6:00 PM, S-10:00 AM - 4:00 PM; Green Heron Nursery M-S 8:00 AM - 5:00 PM, S-10:00 AM - 5:00 PM; Belfair Nursery M-S 9:00 AM - 6:00 PM, S-10:00 AM - 4:00 PM; Savage Plants & Landscape M-S 9:00 AM - 5:30 PM, S-10:00 AM - 5:00 PM; Roadhouse Nursery Tuesday-Sat. 9:30 AM - 5:30 PM, S-10:00 AM - 5:00 PM Mr. Law questioned how the list of Nurseries related to this issue since none of them include excavation of property and earth moving. TAPE #1471 City Council Reg. Mtg. Minutes June 11, 1997 Page 30 of 31 Mr. Overson stated he understands the neighborhood's concerns; however, business is a big part of the nation and must go on and property owners do have rights in regard to their use. He believed there were things in place to make the proposed business a friendly operation to the bordering neighbors. There are various noise levels impacting other neighborhoods, i.e. fire station sirens, ferries and no one can be guaranteed absolute quiet. Several years ago Council authorized quarry operations near Kitsap Lake, which drew considerable negative response from the surrounding neighbors, but there have been no negative complaints over the years. If this business does not work out as proposed, then the City will take necessary measures to close it down. Mr. Neville questioned for clarification if the intent is to mix the sandy soils on site with materials trucked in and then trucked out again? He also questioned the total area to be excavated and does anyone know the depth of the sandy soils Mr. Lindsay stated the center of the site has already been excavated at grade with the private drive and they do not intend to go any deeper than that level. They may spread 18 additional inches of materials on that graded area so that a future developer would already have a pad to be developed. They have estimated approximately 50 trucks per day will be coming and going from the site. He noted Pacific Soils has a 3-acre facility in Bothel, Washington and are surrounded on 2 1/2 sides by $50,000 homes. They operate four screens, two rock crusher, 3-diamond Z, 3-stump grinders, which is much more than proposed for the subject site, and they have received only one noise complaint. He used a site map to show the areas intended for grading and explained they are taking on the responsibility to restore the site, as required by the Department Of Natural Resources, cleaning up what the prior occupant of the site left. That action will include restoring and hydro seeding slope areas to a 2-1 slope along the perimeter of the site. They have also committed to not have any kind of grading activity over more than three acres at one time. The grading could actually be done under just a Grading Permit without purporting to have any use on the site. Because of the past activities on the site, they met with the City's Planning Director, who suggested their going through the SUP process. He feels they have been taken through a process that was not necessary; however, they have learned a lot from the neighbors about their concerns and what they experienced over the past few years. He emphasized the applicant's screens are not rock crushers, but a barrel type action that simply turn mixing soils. The equipment to be used is modern and well maintained. He believes the existing 30-foot bank will provide a noise barrier. Mr. Montgomery questioned the hours of operation at the Bothel site? Mr. Lindsay stated 7:00 AM - 10:00 PM. TAPE #1471 City Council Reg. Mtg. Minutes June 11, 1997 Page 31 of 31 Mr. Law stated the City has not recently demonstrated they have been good about enforce noise control. He was also concerned that the City could not explain Ace Paving using the site during the construction of Walmart. He doubts that the conditions will be adhered and doubted the City's enforcement would be dependable; therefore, he could not support the proposal. #0588 M/S/C(Overson/Neville) To approve Resolution #2602, approving (with conditions) a Special use Permit and site plan for a Landscape/Garden Materials Center as an unlisted use on a 19 acre site; including Conditions A and B as read into the record Mr. Montgomery stated he did not agree with the 10:00 PM closure time and felt it was totally unreasonable considering most businesses do not stay open that late. He also sympathized with the neighbors for their having to be impacted by noise both day and night. He believed a reasonable starting time would be no later than 8:00 AM and closed by 6-7:00 PM, and 12:00 (noon) - 5:00 PM on Sundays, if at all. Vote on motion: In favor: Neville, Overson, Farr Opposed: Montgomery, Law Motion carried. President Farr questioned the appeals process available to the residents? Mr. Sievers explained a petition to Superior Court must be filed within 21 days. President Fart thanked the TV camera crew for their services: Rob Rupe, Patricia Mathes and James Nobel, Jr.. With no further business meeting adjourned at 10:45 P.M. DAVID FARR, Council President City of Bremerton PJ/DDF/me cc: Normal Distribution File/Vault