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HomeMy WebLinkAbout07/14/99 TAPES #1630 & #1631 CITY COUNCIL MEETING MINUTES July 14, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, July 14, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, John Law, Cecil McConnell, and Wayne Olsen. Council member Lon Overson was absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Mr. Ken Friesen, Secondary Principal of Kings West Secondary School. President Shepherd made the following announcements: (1) City Council held a Study Session prior to the meeting to discuss general Council business; (2) Item 10(A) under Ordinances would be pulled from the Agenda tonight; and (3) City Council would hold a Study Session following the City Council Meeting to discuss the "Draft Street Vacation Ordinance". CONSENT AGENDA - There were no Consent Agenda items tonight. 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. #0023 M/S/C/U (Montgomery/Arends) On July 14, 1999, the Council does approve for payment those vouchers included and further described as follows: 232317 - 232635 in the amount of $1,700,461.78. COUNCIL MEMBER REPORTS Mr. McConnell received positive input to continue District 2 meetings, therefore information on the next meeting would be forthcoming, Mr. Law stated that District 3 will not hold meetings during the months of July and August, therefore the next meeting would be held Tuesday September 21. He encouraged any citizen with questions or concerns in the meantime, to contact him or the Council office. Mr. Farr thanked the members of "World Changers" for all of their hard work in the community. Mrs. Arends also congratulated the members of "World Changers" for the great job they are doing, and wished members of Charleston Baptist Church best wishes in their new location. Mr. Montgomery read a brief report on some of the houses the "World Changers" group worked on while here, and thanked all of them for their hard work. In addition, he personally thanked Bob & Claudette Tulp for bringing them to Bremerton. President Shepherd reported he visited with the group from "World Changers", and commented they are an "amazing group" of people, and very well organized. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 2 of 7 MAYOR'S REPORT - There was no report this evening. President Shepherd read a Proclamation in the Mayor's absence, proclaiming the week of July through 17, 1999 as "World Changers Week''. Jerry and Sharon King accepted the Proclamation. Marylyn Waibel was also acknowledged for coordinating efforts on behalf of the City. LEGISLATIVE REPORT President Shepherd addressed the issue of reading letters during City Council meetings, and stated that although it is stated in the Council Rules & Procedures that letters written to City officials will not be read, exceptions can be made at the discretion of the Chair for the particular meeting. President Shepherd further announced that he would use his prerogative to restrict personal attacks and maintain civility between members of the public, City Council members, and City staff. PUBLIC RECOGNITION Jodi Wroblewski, on behalf of the Parks Department and Suquamish Tribe, invited members of the public to participate in the shell midden presentation on Saturday, July 17 at Evergreen Park. Please call 478-5305 for reservations. She also announced the Field of Blues concert on Sunday, July 18. Dave Willis provided a letter expressing his concerns regarding safety issues on Burwell Street. Beverly Kincaid, President of the Historic Ships Society, invited the Council and members of the public to a Memorial Service for Korean War Veterans on Sunday, July 25, 1999 at 9:00 A.M., aboard the U.S.S. Turner Joy. Carol Atkinson, Bremerton Main Street Association, announced a series of "Concerts on the Boardwalk" begin this Friday night, and a schedule of future performers is now available. She thanked the sponsors who make these events possible, and everyone to come and enjoy. John Thomas and Paul Drnjevic voiced their concerns that the City Council has still not adequately addressed what their intentions were regarding the disposition of the fluoride equipment. Susan Brown addressed the issue of civility, and believes things are improving. She expressed the need for Council to now address the City Council Rules & Procedures. 9A- PROFESSIONAL SERVICES AGREEMENT FOR BRIDGE DESIGN. #AB99-132 Bill McKinney, Forestry Manager, displayed a visual and reported that the requested agreement with Art Anderson Associates is to provide survey, geo-technical, design and construction documents (to include plans, specifications, and estimates) for replacement of an existing log stringer bridge with a designed railway fiat car deck and associated abutments. This bridge crossing serves as the only access to the base of Casad Dam and the control structure for the purposes of inspection, maintenance, and repair operations. The existing log stringer bridge is in very poor condition and is unsafe for heavy vehicles. The engineering services provided by this agreement would supply required information and documents to proceed with hydraulics permitting and construction. Replacement is scheduled for October of this year. Cost of professional services provided by this agreement is not to exceed $16,500. There were no comments from members of the public. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 3 of 7 Mr. Montgomery questioned how the road would withstand the overflow of water that passes through a couple times a year. Mr. McKinney responded the City has already begun some repairs, such as resurfacing the area with "fibercrete", a concrete substance with fiber added, which will create a monolithic type structure to withstand the overflow. #1032 M/S/C/U (Montgomery/Arends) Motion to approve and authorize the Mayor to execute the attached Professional Services Agreement in accordance with established administrative policies and procedures. 10B - ORDINANCE NO. 4658 (SECOND READING), VACATING A PORTION OF TERREL DRIVE RIGHT OF WAY, #AB99-126 Randy Witt, City Engineer, reiterated that on July 7, 1999, Council approved the ordinance on first reading for the street vacation of a portion of Terrel Avenue between 6th Street and Burwell Street. There were no comments from members of the public. #'1075 M/S/C/U (Arends/Law) Motion to pass Ordinance No. 4658 on second reading. 10C - ORDINANCE NO. 4659 (SECOND READING), VACATING A PORTION OF TAFT AVENUE RIGHT OF WAY, #AB99-127 Randy Witt, City Engineer, reiterated that on July 7, 1999, Council approved the ordinance on first reading for the vacation of the easterly portion of Taft Avenue between 19th Street and 20th Street. Mr. Witt clarified that this was a 40-foot right-of-way. There were no comments from members of the public. #1115 M/S/C/U (Montgomery/McConnell) Motion to pass Ordinance No. 4659 on second reading. 10D - ORDINANCE NO. 4660 (SECOND READING). VACATING A PORTION OF FORD AVENUE RIGHT OF WAY. #AB99-128 Randy Witt, City Engineer, reiterated that on July 7, 1999, Council approved the ordinance on first reading for the vacation of the southerly portion of Ford Avenue between Kitsap Way and 13th Street. There were no comments from members of the public. #'1140 M/S/C/U (Arends/Montgomery) Motion to pass Ordinance No. 4660 on second reading. 10E - ORDINANCE NO. 4661 (SECOND READING), VACATING ALLEY AT WEST LINE OF IVY GREEN CEMETARY. #AB99-131 Randy Witt, City Engineer, reiterated that on July 7, 1999, Council approved the ordinance on first reading for the vacation of the alley east of Whitney Avenue between 13th Street and 15th Street. Questions and comments from the public: Elizabeth Buell asked the location and reason for this street vacation. Mr. Witt provided a map showing the location, which is on the west side of the cemetery. He further explained the area was too narrow to provide any useful purpose, so it will be vacated to the adjoining property owners. #'1212 M/S/C/U (Farr/Olsen) Motion to pass Ordinance No. 4661 on second reading. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 4 of 7 11A - PUBLIC HEARING AND RESOLUTION NO. 2712, APPEAL OF A SEPA THRESHOLD DETERMINATION OF NON-SIGNIFICANCE (DNS) FOR A 56-ACRE TIMBER HARVEST PERMIT ON CITY LAND ZONED SF-1 LOCATED WEST OF ANDERSON HILL ROAD. #AB99-133 Jon Holan, Department of Community Development, reported the appellant is appealing the issuance of a SEPA DNS for a SEPA Checklist submitted for a Forest Application for a 56-acre timber harvest on land in a single-family residential (SF-1) Zoning District located west of Anderson Hill Road. The appellant states that the proposed harvest could be damaging to the environment and seeks Council review, Pursuant to Bremerton Municipal Code (BMC) Section 21.02.935 (b) (2), this Type ]E[ decision can be appealed to the City Council. President Shepherd announced this was a Quasi-Judicial issue, and asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused? President Shepherd stated minimal communications were held with one constituent, and City staff. Mrs. Arends stated Jon Holan, DCD Planning Manager, provided her with additional material related to this issue. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". All Council members remained seated. Mr. Holan stated the Association to Protect Anderson Creek filed this appeal. He provided additional staff report, in addition to showing a map which indicated the borders of the property, including the buffer area (which are more than required) on a portion of the adjacent property. He clarified the proposed area is 800 feet from Anderson Creek. He addressed the issues and concern over the soil and the potential for erosion once the forest practice ends. Questions and comments from the public: Roy Runyon provided a number of citizen signatures on a "Petition Against Clear-Cutting in the Anderson Creek Watershed", and asked Council to look at the pictures he provided before making a decision on this issue which he described as "urban sprawl" and "clear-cutting". Helen E, Havens- Saunders, President of the Association to Protect Anderson Creek, stated that on behalf of area residents and concerned citizens, there were numerous items of concern listed in their appeal, and that the proposed logging could be very damaging to the environment, both natural and human. They are asking for a complete environmental impact study of the cumulative effects of the current zoning of this project. Barring that outcome, they are requesting that the City's threshold determination be a mitigated one, and that more specific safeguards be built into the agreement before logging takes place. Noel Travis, Association to Protect Anderson Creek, stated he is not afraid of development and is in favor of economic development, but did not see the benefit of clear-cutting this property. Ron & Cheryl Kinney provided a letter, and reiterated their concerns and fears to the Council regarding the decision to "chop down a bunch of trees just for money". Mr. Holan responded that the benefit to the City would be $906,000 for the clear-cutting. Gene Sampley, Public Works Director, responded to the issue of costs. He explained this parcel has not been separated from the total development costs of $2.66 million. The City of Port Orchard will provide the cost for sewer service, and fire & emergency services will be provided through a Mutual Aid Agreement, with no direct costs to the City. The overall revenues to the City for this project are $3.3 million, which exceeds the value of the infrastructure that the City would be putting in. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 5 of 7 TAPE #1631 Mr. Farr asked if the City was being consistent with the County's Stormwater Management Plan for a logging operation of this size. Mr. Sampley stated that the same forest practices for a County project would still apply through the requirements of the Forest Practices Act, and there are also provisions provided in the contract with the developer. Bill McKinney, Forestry Manager, further elaborated on the issue of sediment erosion, which he stated is very slight. He further stated that additional areas could be mapped out to represent where the buffers and critical areas are located. He suggested it might be more useful to have a "graphic representation" of actual locations marked on the ground indicating buffers, and which areas were to be avoided due to erodible soils or steep slopes. Mr. Farr asked if the concerns raised tonight could be addressed and implemented without going to a mitigated determination. Mr. Holan stated he believed the mapping could be provided under the current contract requirements. Ronald Sciepko addressed the issue of a 25-foot buffer required in the Forest Practice Application along Anderson Hill Road, which he was willing to accommodate with natural vegetation. Mr. McConnell asked for further clarification on the SEPA Checklist, specifically with future development, and clarification on "immediate vicinity". He also wanted to be assured that endangered species were to be protected. Mr. McKinney responded the intent is to not completely remove all the trees in the area, but to leave approximately 20% of the current trees, and described "immediate vicinity" as the harvest area. He indicated that approximately 200 acres would remain City property, where a number of the species reside, and a large extent of the habitat will not be removed. There is nothing in the current contract to address the buffering along Anderson Hill Road, but the issue could be added as an addendum to the contract, and he assured Mr. McConnell that he would personally oversee the harvesting of the trees during the project. Mr. Law called attention to the fact that the property has been sold. Although he now has regrets, the property cannot be bought back, and therefore, the new owner has the right to do what he thinks is best with the property. For the public's information, he clarified that the "recharge" area was not on the Anderson Hill property, but from a much deeper aquifer, with wells approximately 1500' deep. Mr. McKinney further added that a geo-technical consultant recently completed a hydrologic survey and concluded that it is a protected aquifer, and negative impact to the water resource is not likely due to a series of impervious layers of soil. Mr. Montgomery stated he has personally walked the property with Mr. McKinney, and believes the SEPA Checklist addresses all concerns that may occur, and did not feel extending the buffer was necessary. #0755 The Main Motion was made to uphold the DNS by Mr. Montgomery, and seconded by Mr. Law. Discussion continued... Mr. McKinney stated Mr. Sciepko has a set price to pay the utility, so anything removed will impact Mr. Sciepko financially. Mr. Sciepko stated that effectively, during the harvest period, there would be a 50-foot buffer rather than a 25-foot buffer by the time they remove only the merchantable and dangerous trees, which is fine with him. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 6 of 7 #1110 M/S/C (Reed/McConnell) Motion to amend the Main Motion to double the width of the buffer area from 25 feet to 50 feet and only remove marketable timber and dangerous trees along Anderson Hill Road, relevant to forest practice issues only, to lessen the impact on the neighborhood. Vote on motion: In favor: Reed, Olsen, McConnell, Law, Farr, Arends, Shepherd Opposed: Montgomery Motion carried. Mrs. Arends concurred with Mr. Law's comments and commended Mr. Sciepko for being so accommodating. President Shepherd referred to the Appeal of the Application, and asked why the City would consider the use of surface water from Anderson Creek as the "emergency water supply" for the City. Mr. Sampley clarified that the City has "water rights" on Anderson Creek, and therefore did not want to change the designation even though it is not likely that it will be utilized except in an emergency. It is one of the key reasons the City maintained the strip of land. President Shepherd also asked if the City would perform a separate biological assessment to address the issue of endangered species. Mr. Holan responded that the Forest Practices Act has adopted emergency regulations with regard to endangered species, in particular, to preserve salmon, and the City is exceeding these requirements. #1337 M/S/C/U (Montgomery/Law) Main Motion to uphold the DNS, and pass Resolution No. 2712, provided the mapping requested be done at the earliest convenience. 11B - PUBLIC HEARING FOR SPECIAL USE PERMIT TO CHANGE AN EXISTING NON- CONFORMING USE SIGN SHOP TO AN AUTO REPAIR: APPLICANT: JONATHON CHANG; LOCATION: 1533 SHOREWOOD DRIVE. #AB99-134 Jon Holan, Planning Manager, reported that Council must decide if the applicant's Special Use Permit Application (SUP99-0006) meets the necessary tests and criteria for approval of a less intense nonconforming use. He further stated that the Planning Commission denied the Special Use Permit, and addressed a number of specific issues to support this decision, along with a brief staff report. President Shepherd announced this was also a Quasi-Judicial issue, and asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused? Mr, Law stated he knew a number of residents in the affected area, and has noticed the property over the years. He has heard the issue discussed many times, so he has knowledge of the property, however, he did not feel that would affect his ability to participate tonight. Mr. Reed stated that Mr. Chang contacted him questioning what to do with a "Cease & Desist Order" he had received, but he was referred to the Department of Community Development. In addition, since this business is located in his District, he received calls from constituents long before it became a City issue. He concluded that these past incidents did not preclude him from being impartial. Mr. Montgomery stated he received a number of phone calls from citizens on this issue, but also did not feel it had any affect on the decision being made tonight. Mr. McConnell and President Shepherd added that they have driven by the property. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". Norae Larson felt that Mr. Reed could not remain impartial due to his being involved in the car business. Ms. Malanca stated the "Appearance of Fairness" doctrine did not apply, and Mr. Reed could remain seated. President Shepherd declared that Mr. Reed, as well as other Council members, may remain seated. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 7 of 7 Members of the public who voiced their concems to support that the Special Use Permit be denied: Norae Larson; Betty Davies; Lee Crawford; Doug Adams; Lawana Wartman; Ed Speakman; and Michele Lanham. Jonathan Chang stated the building was purchased in December with the understanding it was a "commercial building" for the use of a business. He knew the previous owner had used the building for repairing and detailing cars, so when he was approached by a gentleman who wanted to run the same type of business, he said "ok", and was not aware he was doing anything wrong. Mr. Chang applied for a Special Use Permit once he found out it was required. In the meantime, the other gentleman found another location for his auto detail business, so if the Special Use Permit is not approved, he stated he would then continue to operate the sign shop, but not tear down the building. Mr. McConnell pointed out that five criteria items must be met, and according to the information provided, only two have been met. He questioned if tax records from the previous business were checked. Mr. Holan stated that per advice from the Legal Department, the focus of this discussion was to remain on the Special Use Permit rather than the Non-Conforming Use. However, his staff is exploring the Non-Conforming Use issue, and they anticipate action in the near future. Mr. Law was concerned the posted "Cease & Desist" order was not adhered to, and the one-year vacated business issue was not addressed. He hoped if there are further appeals or discussions on this property in the future, these issues should be dealt with. He saw no reason to reverse the Planning Commission's recommendation. Mr. Holan confirmed that a "Cease & Desist" order and "Notice of Vacation" have both been issued, and his staff is currently working with the Police Department on citation issuance. Mr. Reed stated that since Mr. Chang has an existing sign business permit, and will run a business at this location, the issue for the neighborhood to decide is, do they want a controlled and limited automotive-related business, or a less-controlled sign shop? He suggested a continuance. Mr. Montgomery pointed out a number of concerns not addressed in the SEPA Rules Checklist. #3323 M/S/C (Farr/Montgomery) Motion to uphold the Planning Commission decision and deny the Special Use Permit. Vote on Motion: In Favor: Arends, Montgomery, Olsen, McConnell, Law, Farr, Shepherd Abstained: Reed Motion carried. With no further business meeting adjourned at 8:40 P M City of Bremerton P J/MS/Is C: Normal Distribution File