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HomeMy WebLinkAbout05/08/96TAPE #1376 UNAPPROVED DRAFT COUNCIL APPROVED MAY 22 1996 CITY COUNCIL MEETING MINUTES MAY 8, 1996 #0021 #0032 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, May 8, 1996, at 5:30 P.M., with Council Vice President Richard Neville presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, and Lon Overson. Council President John Law was absent Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Acting President Neville and Invocation given by Pastor August Lubkeman of Memorial Lutheran Church. CONSENT AGENDA A. Minutes -- April 24, 1996 #AB96-091 M/S/C/U(Huff-Menees/Montgomery) to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on May 8, 1996, the Council does approve for payment those vouchers included and further described as follows: 197520 through 197526, 197537 through 197691 in the amount of $283,799.61; and Regular Payroll for the period ending 4-30-96, in the amount of $811,122.09. COUNCIL MEMBER REPORTS Mr. Overson reported on an eventful weekend with the grand opening celebration at the Emperor Palace on Washington Avenue and the ground breaking for a new school building at Star of the Sea Catholic Church; and the Olympic Torch Run on Tuesday, May 7. Mr. Farr was pleased to report that a sight obstruction problem identified about a year ago has been remedies. He credited the success in getting that sight obstruction removed to Bob Tulp, Public Works Operations Manager. Mrs. Huff-Menees congratulated all those involved in the planning TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 2 of 20 and organizing of the Bremerton portion of the Olympic Torch Run, which turned out to be a wonderful event. She reminded everyone of the upcoming Armed Forces actives the week of May 13 - 18; and congratulated the new Armed Forces Queen's Court. Mr. Montgomery reported on Saturday he attended the West Park Community Wellness Festival, which was well attended and provided lots of good information. He thanked Tracy Nelson and Deborah Brown for inviting him to that event. He noted the Head Start Program celebrated its 30th Anniversary this weekend. He observed the Olympic Torch Run from the boardwalk and noted the rainy weather did not bother those that turned out for this event. Districts 6, 7, and 8 will hold a combined Neighborhood Meeting on Thursday, May 23, 7:00 P.M., at the Bremerton School District Office. The program for that meeting will be an update report on the Sinclair landing Project and Mayor Horton to talk about goals and priorities and answer questions. Mr. McConnell announced the next District #2 Neighborhood Meeting is scheduled for May 14, 6:30 P.M., at Fire Station #3. The guest speaker at that meeting will be Jim Spencer, Parks and Recreation Director. Mr. Colvin reported he also attended the Grand Opening of the Emperor's Palace where he found the food, service and friendliness to be impressive. He too attended the ground breaking ceremony at Star of the Sea Catholic Church and was very impressed by the many young people that were so well behaved. On Tuesday, May 7, he attended an event in Tacoma where he witnessed Governor Lowerysign a $150,000 Americorps Grant that will help youth between 15-18 years old. The next District #1 Neighborhood Meeting is scheduled for May 16, 7:00 P.M., at the Sheridan Park and Recreation Center. The guest speaker at that meeting will be Mayor Lynn Horton. He encouraged senior citizens, who were happy over the removal of the Scotch broom, to attend that meeting in order to thank Mayor Horton for her support in that endeavor. Mr. Winters reported he participated in the West Park Community Wellness Festival and was pleased that the weather cooperated, lots of people came and received good information. Regretfully, he was unable to attend the Grand Opening of the Emperor's Palace. He too enjoyed the festivities of the Olympic Torch Run and was somewhat disappointed that the only television coverage given to Bremerton was the torch being carried onto the ferry to continue the run to Seattle. During that event, he made his own video and will pass it on to TCI Cable Access for possible viewing on the access channel. Mr. Neville announced Mayor Horton and Council President John Law TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 3 of 20 have gone to Washington D.C., as part of the Puget Sound Naval shipyard contingency to accept the Commander In Chiefs Excellence Award for Puget Sound Naval Shipyard. He noted the week of May 5 - 11 is Municipal Clerks' Association Week and extended a special "thank you" to Kathleen McCluskey, Gil Johnson and all the Clerk's staff for a job well done. He announced Bremerton High School students are presenting the play "WEST SIDE STORY" on May 9, 10 and 11. MAYOR'S REPORT In the absence of Mayor Horton, Mayor Protem Bob Winters read the following proclamations: (1) May 6 - 13, 1995 as National Nurses Week and May 13, 1995 as Navy Nurse Corps Day. Captain Maggie Rowell, Director of Nursing Services/Naval Hospital, accompanied by CDR Chris Stokey, Senior Department Heads/Naval Hospital, accepted the proclamation on behalf of the hundreds of nurses in this area. (2) May 12 -18, 1996, as ARMED FORCES WEEK. of the Armed Forces Activities accepted briefly outlined the festival activities. John Curtis, Chairman the proclamation and PUBLIC RECOGNITION Gordy Byrd talked about the Olympic Torch Run and was disappointed Bremerton didn't get more coverage on the Channel 11 News program. He wanted the public to know he is still working to fund a shelter for the homeless. Dave Olson handed out a copy of a newspaper article titled "CODE 911", which listed the ages of the individuals involved in the tragic beating of Darren McGiesey were 21 years of age. He read the following statement: "Eastside Tavern has been the victim of an over zealous, highly prejudice, sloppy and inaccurate investigation by the Bremerton Police Department and Washington State Liquor Control Board Officers and Agent. Both the Bremerton Police Department and the Washington State Liquor Control Board in their hurried rush to judgement, have failed to or purposely ignored facts leading to the true crimes and criminals in this case, in an attempt to bolster their position and what has been described and purported to be a hate crime by the media. Further, false and inaccurate statements in this case have been responsible for the arrests, false warrants and charges were used to accomplish this end. He could only wonder which business or individual will be the City's next victim. As many of you know, if the City wants property for development and no buy out figure can be agreed on with the property owner, the City simply condemns and takes the property leaving the tenants homeless, without being compensated for years of hard work and personal investment. This is also the case with businesses of Bremerton. Who or what business or TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 4 of 20 individual will be cheated out of his or her investment and livelihood next at the hands of City government? Any intelligent and thinking individuals will see through sham that is being paraded before them. If you believe that innocent until proven guilty still should be in affect in this city and this country, then your incumbent to call your Mayor at 478-5266 or his area Councilman John Law at his home 479-2723, or office 478-5280, and ask them what they, as individuals, are doing to get to the truth in this matter and if those answers are not sufficient, don't hesitate to call your Chief Of Police at 478-5228. The public has the right to know the truth, don't forget to let these people know that they work for you and you're paying attention. And, if the answers are insufficient, exercise your vote to get rid of the ineffective individuals. Joan Dingfield introduced Doyle Detroit, the new Executive Director of Westsound Community Access Television. DoVle Detroit commented that usually she is running a TV camera or directing in the transmission booth, so she found it a pleasure to be "out front" and greet everyone. Effort is underway planning the transition between management from TCI Cable Vision to the new non-profit access corporation, which will be a fairly slow transition. It is expected that some time in the next 4-5 months her group will be taking over and improving the service that TCI and the City have already provided. She hopes to expand government coverage to include several cities, in addition to Bremerton. The next Westsound Community Access Television Board meeting will be held on May 13, 6:30 P.M., in the meeting room below Ryan's Restaurant on Fairgrounds Road; and they are very interested in having community support and participation in the new access corporation. Charlle Brown thanked Mayor Horton and Councilman Colvin for their support in getting rid of the Scotch broom at the north end of Warren Avenue bridge. Lan Wong, representing Emperor's Palace #2, thanked the Council members-for attending their Grand Opening event. The restaurant is open for business and she hoped everyone would stop by and see them. John Thomas related a recent incident where his Fire Department, Sub Base Bangor, along with two other Fire Departments were called out on a mutual aid medical aid call. His emergency crew passed by the residence three times before finding it because the house number was not visible from the street. He strongly urged everyone to take note of how their home address is displayed and if it is not clearly posted, to fix it so it could be identified quickly in the event of an emergency situation. TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 5 of 20 Carol Atkinson, Bremerton Main Street Association, commented on the success of the Olympic Torch Run through Bremerton and particularly the effort given by Terrie O'Neill, the City's Municipal Services Coordinator, who chaired the local Torch Run Committee. Ms. Atkinson announced a mural will be painted on a building at the end of the Naval Museum depicting Puget Sound, ferries, Olympic mountains and highlighting the Blackberry Festival. Weather permitting, the mural should be completed by Armed Forces Week. 7A - AGAPE ADMINISTRATION FEES, #AD96-092 When AGAPE first received Shelter Plus Care funds, it was decided not to use any dollars for administrative costs until it was determined how far the rental assistance dollars would go. The program has been in operation since July of 1995, many of the clients are unable to contribute toward the rents, thus allowing AGAPE to recoup some administrative fees. Deborah Peavler-Stewart, Neighborhood Development Department, stated the City received a $596,400 HUD grant in January 1995, to provide drug and alcohol free housing for people, who are chemically dependent. The sponsor and primary provider for the project is AGAPE, whose program is composed of three stages that are geared toward fostering independence. In this program individuals progress from living in a structured group home to living in subsidized apartments throughout the City. The Shelter Plus Care Grant Program provides rental assistance. When the program was started, a decision was made to forego Administrative reimbursement until the program could be evaluated. The program has been active since July 1995, and the clients have been able to pay more in rent than anticipated. The program allows an 8% Administrative Fee for specific actions associated with the program. The analysis revealed the City of Bremerton accomplishes approximately 2% of the activities and AGAPE accomplishes 6%. It is recommended that AGAPE and the City be allowed to recoup the Administrative cost. Barbara Day-Miller, Executive Director AGAPE, thanked the City Council, Mayor Horton and Ian Sievers, City Attorney, for their support, as well as Marylyn Waibel and Deborah Peavler-Stewart. So far, 43 patients have been provided housing through this program and they now have a men's and women's house open on Crawford Drive and two duplexes, which makes four units of two bedroom facilities, on Fitz Drive, and an individual two bedroom house with a additional apartment. Out of the 43 people that started in the program, only two have aborted the program, one returned to in- patient treatment and has returned to their facility, so they have approximately a 99.9% success rate to date. Recently, they placed their first male client, who had custody of his two children, which was a first for this program. #1337 #1391 Vote on motion: TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 6 of 20 Gene Hart asked if there was a waiting list and if so, how many people were on it. Mrs. Day-Miller stated at the present they have 13 men and 4 women on a waiting list and all available housing is filled. She emphasized over two thirds of the rent fees are coming from the client residents, which means the grant will last longer than the 10 year allocation period. Charlie Brown asked if the rental fees were fixed or on a sliding scale based on income? Mrs. Day-Miller stated they are based on the individual's income. If someone has absolutely no income, then their rent is fully subsidized until they become employed. Mr. Colvin complimented Mrs. Day-Miller on her leadership for this program. Mrs. Day-Miller shared the fact they have been able to lease two duplex units for five years and the landlords are very supportive of the program. Mr. McConnell pointed out on Attachments A, B. and C, it states the amount that may be used for Administration is "0", but on Exhibit 1 it authorizes the utilization of up to 8%. Ms. Pearlet-Stewart explained HUD regulations allow the 8% Administrative fee, and pointed out that authorization on page 7 of the regulations provided in the Agenda Packet. M/S/C/U(Farr/Winters) to amend the contract with AGAPE to allow administrative fees, 6% for AGAPE and 2% for the City of Bremerton, based on the "Shelter Plus Care Program - Administrative Fee", Exhibit 1. 8A - ORDINANCE NO. 4551 (SECOND READING) AMENDING THE SELECTION PROCESS, BENEFITS, AND STARTING COMPENSATION FOR DEPARTMENT HEADS, MANAGEMENT, AND PROFESSIONAL STAFF; AND AMENDING CHAPTERS 2.49 AND 2.50 OF THE BREMERTON MUNICIPAL CODE, #AB96-080 Public comment - none. M/S/C(Montgomery/Huff-Menees) to pass Ordinance No. 4551 on second reading, amending the confirmation standards, salary, and compensation plans, work schedules, and leave benefits for department heads, management and professional staff; and amending Chapter 2.49 and 2.50 of the Bremerton Municipal Code. In Favor: Overson, Farr, Huff-Menees, Neville, Motion carried. Opposed: Montgomery, Colvin, Winters McConnell 9A - PUBLIC HEARING ON ALMIRA/RIDDELL ROAD APARTMENT SITE PLAN REVIEW, #AB96-093 In March of 1991, the City Council approved a request to rezone the TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 7 of 20 subject 20 acre site from "Single-Family (SF-3)" to "Multi-Family (MF)". Because of the size and location of the site, and the high level of interest shown by surrounding residents, the City Council conditioned the rezone approval to require the preliminary site plan to be reviewed by the Council at a public hearing. The site plan is now returning to the City Council for a public hearing. The attached "Analysis and Decision" describes the proposal and the seven specific factors the Council asked to be addressed in the design. Actin~ President Neville asked the "Appearance Of Fairness/Conflict of Interest Question." Mr. McConnell revealed the fact he had received several phone calls concerning this issue and his response to each of those callers was to encourage them to come to the public hearing to voice their position before the full Council. And, approximately 11/2 months ago he had a discussion with Mr. Allingham on this proposal, but because Mr. Allingham is a staff members he did not see that as an ex parte communication. Ian Sievers, City Attorney, stated he saw mo problem with Mr. McConnell being seated. Actin~ President Neville announced all Council members presented will remain seated. Jack Allingham, Senior Planner, explained this proposal is a site plan review application for the construction of 360 dwelling units on a 20-acre site located just west of Almira Drive and south of Riddell Road. The site is undeveloped and abuts the current K- Mart/Eagle Hardware/Albertson's commercial complex further to the west. The site was rezoned to Multi-Family in 1990 and at that time the City Council put a condition on the rezone requiring that a preliminary site plan be presented to the City Council for review and approval. He noted Council was provided the site plan review application, a preliminary grading and drainage plan and a preliminary utilities plan. The specific points that Council was to look, as required in the Rezone Ordinance, were: transit access and turnouts; access onto neighborhood streets; streets and sidewalks; open space; setbacks and types of vegetation within them; basic lighting; and trash facilities. This project is being proposed as a two phase project. The proponent is proposing to construct 180 dwelling units on the south half of the site for Phase I. This phase will also contain approximately 312 off-street parking spaces as well as a recreational building with a swimming pool, sports court and a tot lot. At total building out, there would be an additional recreational building, another sport court and tot lot. The plan has ample provisions for open space, which amounts to 15% of the site. The architect calculates the open space as shown on the plan } TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 8 of 20 to be approximately 26% of the site. The current Comprehensive Plan designation for this site is medium density residential 8-18 dwelling units per acre. This plan, on 20 acres, falls right at 18 dwelling units per acre and is consistent with the Comprehensive Plan. The allowable density in a Multi- Family Zone allows one dwelling for every 2,053 square feet of lot area. At that density, the zoning allows up to 424 dwelling units and if additional open space is provided and a Planned Unit Development process was used, up to 600 dwelling units could be reviewed and approved on this site. Therefore, the 360 dwelling units being proposed are well within the density limitations. The off-street parking requirements are based on the number of bedrooms per dwelling unit and range between 1.5 and 2 spaces depending if it is a 1-2-3 bedroom unit. The plan provides for 625 parking spaces, which is what the architect calculates as the exact minimum required and is consistent with the requirement for parking and zoning. During the rezone of the site, transit was an issue and this plan shows the location of transit stops on Riddell Road just west of an access driveway onto the site and another one just south of the access driveway on the site at Clemens Street. The site has essentially three access location, one on Almira Road across from the intersections of Clemens and Almira Drive, a new access being proposed at Maple Avenue, which moves out to Hollis, and a third access at Riddell Road. Two publicsstreets abut the site -- Almira Drive and Riddell Road. Almira Drive is a collector and is paved to standard width with curbs and gutters, but no sidewalks. Riddell Road is also paved, but is not developed to minimum standards for an arterial street, having no curbs, gutters or sidewalks. As a requirement of the approval and as being proposed, the plan calls for placing a 5-foot wide sidewalk along Almira Drive and Riddell Road. This plan also shows a 5-foot wide planting strip between the street and the sidewalk with street trees. Setback requirement for the Multi-Family zone are essentially a 20 ft. setback fronting the streets and 5 ft. side yard setbacks from the south and west property lines. The Zoning Ordinance requires for multi-family projects that one of the side yard setbacks have a minimum of a 15 ft. setback. The area along the south property line does show a minimum 15 ft. setback to the structures and that allows a 5 ft. side yard setback located along the west property line, which abuts the commercial zoning. Because this is a preliminary plan, a detailed lighting plan has not been submitted. However, lighting is not allowed to flood onto TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 9 of 20 adjoining properties and generally parking lot lighting is a shielded light source that does not produce glare and generally interior sidewalk lighting is a softer but less directional light source. A detailed lighting plan is usually required at a final plan review. A final aspect the rezone required was reviewing the location of trash facilities/dumpsters and the plan has locations shown, which appear to be screened and located within the inner parking lot areas away from surrounding residential areas. The Planning staff reviewed the preliminary plan and recommends the City Council approve the preliminary plan subject to a final plan to be approved by the Director of Community Development. The analysis and decision of the City Council, which has been provided as a condition, will state that the final plan be approved by the Director, that this approval process mirrors the City's final PUD process, and is approved by the various Departments. The plan before Council is conceptual and not a design plan for construction, but is thorough enough to define what is proposed by the developer. Rick Manning, developer, handed out color photos of an apartment complex he built in Port Orchard ( Arbor Terrace Apartments). He assured the public that he is a local person and works out of his office in Port Orchard. It is his desire to build a project that will make him proud, such as the prior projects he built in Kitsap County. He emphasized the project as proposed is not a low income project, but rather affordable housing. Several meetings were held with surrounding neighborhoods to hear their concerns and his input to them was his concerns were the same as theirs. He pointed out the site would be built out in two phases and from the market reports they have received this project will be well received. The following individuals spoke in opposition to the proposed project and voiced their concerns: Ramona Cariese, Almira Drive; Robert Kollars, 4119 Petersville Road; Don Schomberg, Manager of Guardian Mini Storage- 1950 NE Riddell Road; Susan Bell, Clemens Street; Susan Brown, 1333 E. Hope Street; Wade Ketterling, 1502 Almira Ct.; Walter Nutter, 1518 Almira Ct.; Tonya Patnode, 1332 Hollis Street; Joann Foss, 1328 Hollis Street; David Patterson, 4115 Westview; Michael Shannon, 1518 Vue Ct.; A1 Mercer, Hollis Street; Charlie Brown, 1333 E. Hope Street: (1) Concerned that if 3-story units are built it will block the view and will limit the view to the back side of the buildings. (2) Impact on traffic will only make current traffic even more hazardous. (3) Currently, there are no sidewalks on Almira Drive and children are required to walk along the roadside. (4) The developer proposes to put in sidewalk for only a 2-block area, which is not sufficient to meet the needs of the neighborhood. (5) The subject site is marshy and TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 10 of 20 at one time was a swamp. (6) Any access onto Riddell Road should be limited because of the adverse impact it will have on the already heavily traveled street. (7) When there is ice/snow on Riddell Road vehicles have difficulty traveling up the hill (east) and in some instances have slid into commercial buildings. (8) Want to keep neighborhood safe with a residential safe feeling. (9) Children do not have sidewalks to ride their bikes on and increased traffic on Clemens will impact that area adversely. (10) If the site is developed, trees need to be planted along Almira Drive to replace what currently provides shade along the subject site. (11) The developer must be required to put in sidewalks along Almira Drive the entire length of the subject site. (12) Ouestion - will the glacial rock be saved? (13) City's planning staff holds a threat over the neighborhoods that maximum MF zoning of 600 total units is allowable on the subject site. (14) At the time of the rezone, the City Council ignored the Planning Commission's recommendation to limit MF zoning to 15 dewellings per acre and allowed it to go up to the maximum. (15) If the proposal is approved and construction begins, the neighbors would like to see the following: (a) limiting the access onto Almira Drive to one proposed entrance. (b) A row or two of evergreens planted in the buffer zone between the complex and the residential areas on Almira Drive and Hollis, preferably something that is already a fair size, at least 7 feet, which could also help buffer noise. (c) The City make the improvements to Riddell Road at the beginning of phase I construction. (d) All construction equipment, supply vehicles, etc., be prohibited from using Almira Drive for access to and from the construction site and be required touse the Riddell Road or Hollis Street entrances for the majority of the construction period. (e) Riddell Road access point will be both an entrance and exit. If the City is going to make Riddell Road a mainline artery, there is no excuse for it not to be both an entrance and exit. (f) The City's easement between the twenty acre parcel and the businesses fronting Wheaton Way be used as an alternate construction entrance and exit. This should also be considered as a permanent access to the apartment complex. (g) Construction equipment and vehicles cannot-be allowed to park along Almira Drive or Hollis Street. (h) Construction work hour limits be enforced, i.e., no work done before 6:30 AM or after 10:00 PM, or as the normal residential Noise Ordinance allows. (i) No slash burning or other burn methods be allowed before, during or after the construction phase because of the adverse affect on residents suffering from asthmatic conditions. (j) Need for extra Police patrols due to increased number of residents and serious consideration for increased Fire and emergency vehicles. (16) The following statement was read into the record from a letter written by Bruce and Georgia Nelson submitted during the initial rezoning: "The next time that you hear "rezone" and no one from the neighborhood involved attends and protests, will you be able to TAPE #1376 City Council Reg. Mtg. Minutes May 8, 1996 Page 11 of 20 convince yourself that no one cares. If a turn out of 100+ people could not convince you, why should anyone try. There would have been more people attending your meeting if they thought your minds were not already made up." (17) Urged Council to use extreme caution approving something that cannot be undone. (18) People living to the north use Riddell to Almira Drive and then up Clemens and over and down Halverson to avoid congestion on Wheaton Way. (19) Traffic on the streets surrounding the subject site currently adversely affects the residents and they view this project as something that will compound the current problems without the City doing something to make their neighborhoods more traffic safe. (20) Concerned about having contacted 12 City of Bremerton telephone numbers and no one responded to messages recorded. TAPE #1377 (21) Question - why build more apartments when the current vacancy rate for rentals is so high? (22) Question - if we are trying to develop our community, why aren't we trying to develop it into family areas? (23) Concerned about the loss of wildlife and birds when the subject site is developed. (24) Several questions were raised regarding how stormwater drainage will be handled. (25) Question -what happened to the access proposed for the southwest corner of the subject site? (26) Question - has provision been made within the development site to take care of the water that runs off of Almira Drive? (27) Question - why can't the City buy this property and keep it as a wooded park? Gil Johnson, Deputy City Clerk, read the following letters into the record: Edith and Richard ThomDson, 1304 Hollis Street - We live right behind this acreage, which you propose to build 360 units and that is OK with us providing you leave the road behind us as is. We have lived here since 1979 and use the road for our motor home and cars all this time. If a pathway is used over 7 years, it is lawful for it to be a road as we understand it. And, it is safer than the Hollis Street side with so much traffic to back onto when we come out of the garage. Please note our wishes and thanks so much. Gloria L. Agas, 1522 Almira Court - Over five years ago, I wrote to the members of the then City Council (all except Council member Lon Overson have been replaced by new members) and to the Bremerton Planning Commission to express my opposition of the rezone of the above 20-acre parcel from single-family (SF-3) to multi-family (MF) and the subsequent construction of a 440 unit multi-family apartment complex on the site by American Redicorp, Inc. I am again writing to the Honorable members of the City Council to express my opposition of the construction of a 360-unit multi- family apartment complex on the same parcel. In fairness to the owner(s) of the property, since I do not wish them deprived of TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 12 of 20 their income from the property, I am not opposed to the construction of a complex of a much lesser total number of units. My reasons for opposing the new proposal are the same as my reasons for opposing the rezone request and the construction of a 440-unit multi-family apartment complex five (5) years ago. I am enclosing copies of letters for your reference. To summarize my reasons, they are as follows: (1) Increased noise and traffic in the neighborhood. The expansion of the nearby shopping complex and the opening of Almira Drive Extension within the last five years have created more traffic congestion, noise and hazards to pedestrians and neighborhood residents. We use to be able to walk (pollution control and good exercise) to the shopping centers without fear of being sideswiped by passing vehicles. Across the street from one of the proposed entrances to the apartment complex, on Clemens Street, is one of two school bus stops along Almira Drive where about 15-20 young school children congregate while they wait for their school bus on school days. These young neighborhood children walk to the bus stop along the street curbs due to the absence of a sidewalk on this section of Almira Drive where they can walk safely. This is especially dangerous to them during the early and dark hours of winter and on rainy days. This is same problem of the senior citizens and others, and occasionally, residents of the Kitsap Mental Health Center, who go for their daily "free and leisurely walks" along Almira Drive and Riddell Road. There may or may not be any statistical records of pedestrian accidents at these locations, but we do not need them to happen to drive our point. Construction of the apartment complex would require cutting down most of the buffer trees on the site and this would open up the entire neighborhood to the traffic noises and light glares coming from the busy stretch of Wheaton Way and Riddell Road and not counting the noise of the over 600 projected number of vehicles that will come from the complex. I would like to invite the decision-making body to come and observe these locations during peak hours of any work/school days and on weekends. (2) Increased demands on water, sewer, stormwater, and street services. The City of Bremerton is very lucky to have a remarkable water resource and it is not experiencing water shortages the neighboring water districts have. Let us not abuse one of the very few good things that we still have. Sewer, stormwater, and street services are another matter. The Bremerton Wastewater Treatment Plant continues to have problems with sewage spills and odor control; City stormwater and street crews cannot keep up with the stormwater system and street maintenance. Again, I wish to invite the decision-making body to come and see for themselves the rapidly TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 13 of 20 deteriorating neighborhood streets, covered with potholes and bulging road surfaces. It is very hazardous trying to avoid the potholes especially when it is dark and rainy and with tailgaters and speeding motorists behind you. Also, it takes more than one phone call or written report to the Street Division before a pothole is repaired. (3) Increased police and fire services. Again, the City of Bremerton is lucky to have dedicated Police and Fire personnel. but does anybody know that now and then a Police car would be stationed at one of the street corners facing the site to monitor motorists and other events? Why is there a need for this additional burden to the Police force? (4) Overcrowded schools. When will we see the end of overcrowded schools? Let us concentrate on giving a good and solid education to the school children, instead of worrying about building additional schools. What good are additional school buildings to accommodate more students if the quality of education they get does not prepare them to be good citizens? If the City is interested in increasing its tax base,why not encourage developers and investors to invest in the revitalization of downtown Bremerton? New residents will not do their shopping in Bremerton or stick around in Bremerton because there are no big shopping centers and adequate entertainment in Bremerton. They 3- 18 will go to Silverdale, Tacoma and Seattle for their shopping and entertainment needs. I urge the City Council to consider these things. Thank you for listening." Wade Ketterllng expressed concern that at the last meeting with surrounding neighbors, a City Engineer stated he considers the developer's stormwater holding tanks to be half the size they need to be. He was not aware of any reference to a retaining wall at the top of the slope under Almira Drive, which he believes will be a necessity. Since Kitsap County paved the short roadway leading to the Kitsap Mental Health facility, residents in that area have seen increased traffic on Almira Drive, which is being used as a by-pass of five stop lights on Wheaton. He is greatly concerned that the proposed project will cause his property value to decrease and he believes with increased density there will be an impact on local schools. Charlie Brown asked if Mr. Manning owned the subject site or just the developer? Mr. Manning stated at the present he does not own the site, but once he receives the necessary permits he will TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 14 of 20 proceed with the financing. He emphasized this hearing was not the first time he has met with residents in a public form to discuss some of the concerns, which he believes have been addressed. They have included a lot of things that were not pointed out to them that needed being done when they first started this process. In the beginning, they were only going to be required to provide a site plan. Issues such as stormwater and traffic were brought up at the public meetings, which necessitated them to meet with consultants and get their expert opinions on any impacts. He pointed out they started out with a zoned piece of property when they pursued this project and his approach was to not work against the neighbors, but to make the process as easy as possible. The Wetlands Report identified that there are no wetlands on the subject site. In regard to the traffic concerns, he conducted a detailed traffic analysis that revealed "a not substantially increased number of cars from the 1991 study in most areas". The fossil rock will be retained on the site and a buffer placed around it. It was mentioned that it would be nice to have the section closest to Riddell Road as part of the first phase. The first phase will be purchased once they receive approval on their financing and the project is approved. They do have a contract to purchase the entire site, however, they will not be purchasing the second portion until and if they develop the proposed project. Therefore, development of roads or any other amenities on phase 2 would be impractical at the phase 1 stage. He pointed out there is no easement on the west side of the site, which borders the shopping center, it is actually an overlay of asphalt that was done when Eagle Hardware was developed. In reference to the concern about the need for more Police officers, he pointed out once this site is developed it will generate more tax revenue, which he believed would be more than substantial. He pointed out there is little need for Police patrols at the Arbor Terrace Apartment complex and they do allow a couple of Police Officers to reside at the complex. In reference to the site drainage concern, he pointed out the plan calls for retention ponds that were engineered through extensive study on how much water would be flowing off the roadways. This issue will be further addressed through the development process. In reference to the people accessing their backyards through the use of an easement on the subject site, there has been verbal agreement that they will allow and make provisions for that access in the project. A survey will be required to fulfill that commitment and will be part of the ongoing process. In regard to the question about the drainage pipe coming down off of Almira Drive onto the site, tentatively they plan to run that pipeline into one of the detention ponds. Robert Kollars stated he believed Mr. Manning has been the brunt of a neighborhood problem that is not his responsiblity. So far, about 95% of the comments made at this hearing have to do with TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 15 of 20 existing traffic problems. He questioned if this project is approved and is developed, is it possible to use this opportunity to improve a bad traffic situation? He pointed out a problem of vehicles speeding up the hill on Hollis Street, and asked about the possibility of installing a circular traffic calmer in the middle of the street that would require people to slow down? He continues to be apposed to the whole issue, but he did not want to be a NIMBY -"not in my back yard", and say forget it without having a solution. If the project is developed, he preferred looking at ways to make it a positive thing where problems are addressed. Michael Shannon asked the depth of the water retention pond? Mr.. Montgomery pointed out the plan shows the retention pond depth at 6 feet. He also noted the plan shows stormwater storage tanks underneath several of the parking lots. Mr. Farr interjected the plan, as presented, is a conceptual design and purpose of this hearing is not to address final details. Mr. Shannon stated from past experience he has seen drains catching only a portion of the run off during heavy rains and questioned where will that excess water go? Ned Lever, City Engineering Department, pointed out and discussed the preliminary storm drainage plan and utility plan provided by the developer. In response to an earlier comment about the run off vaults not being the correct capacity, he was alluding to something Mr. Lever stated at a neighborhood meeting and that was the preliminary storm drain analysis had some errors and needed to be revised for final design. Water will be detained in the vaults and the stormwater will have to be released at the pre- developed rate. Mr. Montgomery referenced an area that is currently in grass and questioned if it was a platted street or will the developer be required to put in a street? Mr. Allingham explained it is an undeveloped but dedicated City right-of-way, approximately 60 feet wide, and approximately 30 feet leads to the site itself and it would require improvements to Maple Street to access Hollis Street. Mr. Montgomery questioned the elevation grade of the proposed access onto Almira Drive? Mr. Allingham stated a sufficient grade would be required to allow vehicles to enter onto~Almira at an adequate sight distance. Mr. Montgomery asked if slash burns are allowed in the City. Mr. Allin~hamstated yes, the Fire Department controls outdoor burning and for a project such as this it would require the written approval of all the surrounding property owners. He was aware of instances where developers have paid for hotel accommodations for people in a particular area when they carried out a slash burn. Mr. Montgomery stated the proposed plan looked good to him, except for the access onto Almira Drive. He asked if the City Council will have an opportunity to approve the final site plan? Mr. Allingham stated normally a multi-family development that is zoned for multi-family does not receive City Council approval. However, when this site was rezoned in 1990, the TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 16 of 20 City Council required that a preliminary site plan be brought before the Council. The approval being recommended by City staff is that the final site plan (construction document) be reviewed by the Director Of Community Development, who would normally review and approve a site plan per the Zoning Code. That decision would be announced through a public notice with an appeal process. Mr. Overson pointed out the elevation of the site from Almira Drive is such that views should not be impacted by the building structures and that the view may be improved once trees on the site are removed or thinned. He believes "traffic" is the major concern and the City needs to do something concrete to address the problem, which would involve something that is traffic taming, such as stop lights. He doubted a traffic calming circle would be appropriate on Maple Avenue due to the steep grade. He asked Mr. Allingham if anyone has considered using what appears to be a City right-of-way through the present shopping center between what is now Albertson's Grocery store and the Video store? He also believed if this were a county project, they would use that kind of access and place a stop light where those four streets meet. Mr. Allingh~m stated he did raise that question with the City's Engineering Department and it was determined the area is an easement for utilities and not public right-of-way. Mr. Overson questioned if the City had given up on considering that possibility and hoped for a more "can do" attitude because he believes it would be a better option for an access. Mr. Allinqhamstated to use that easement it would require action by the City Council. Mr. Overson stated in his opinion there needs to be a stop light at the Riddell Road access and Hollis Street access. He has personally been contacted by residents on Worrall, who are unsettled at the speed people travel in that area. He asked if the City is considering placement of stop lights to alleviate some of these concerns? Mr. Allinqham stated no. Mr. Winters asked for clarification if Mr. Shomberg's storage business is inside the City? Mr. Allinghamstated no, everything on the north side of Riddell Road is outside the City limits. Mr. Winters questioned the height of the structures and would they be 3-stores? Mr. Manning explained the structures are a 2-story over a basement that allows straight-in access from the parking lots to the second floor, which allows for handicap access to the middle floors. From the parking lot elevations, the structure would be 2- story measuring 16 feet plus 8-12 feet for the roof structure. Mr. Winters questioned other projects built by Mr. Manning? Mr. Manning described a similar project built in Kingston, which was very well received and he just completed a project in Pierce County, which resulted in an excellent recommendation from the Planning Department for that jurisdiction. Mr. Winters referenced Congressman Norm Dicks' comments about increasing density within TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 17 of 20 the City; however, what the City has come up against on at least three projects is "we don't want it in our back yard or across the street". At some point, the City must come to a decision where density will occur within City limits. Residents do not want to see increased costs for utilities or services, but are against increased density, which could help keep those costs down. Mr. McConnell expressed concern, based on his past experience, that the neighborhood may be impacted by noise generated at the outdoor swimming pool during the summer months. He felt it might be more appropriate if the recreation building would be turned around so that the building would act as a buffer between the residents across Almira Drive and the swimming pool. And, that any damage done to Almira Drive from construction vehicles would be repaired by the developer- He questioned where the stormwater being piped down from Almira Drive will be released into? Mr. Lever explained the stormwater will go into the conveyance system entering into the Pine Road interceptor and heads down towards Lions Field. Mr. McConnell asked if the bus stop on Riddell Road will have a pull out? Mr. Allingh~m stated yes, improvements to Riddell Road will be required that pull outs be provided as well as a turning lane. Mr. McOonnell asked if the water retention ponds on this site would be open or covered? Mr. Lever pointed out there are a number of options for the type of structure used for detention. Underground storage is acceptable as are open ponds. There is also an option for infiltration. Mr. McOonnell asked if the intent is to have open water retention ponds? Mr. Lever stated the proposal shows underground concrete vaults under the parking areas, which would not be open ponds; however, that decision is up to the developer. Mr. M~Connell stated when this issue was discussed at the Council Operations Committee meeting, he was led to believe that there would be an open water retention pond. Mr. Lever stated the plan submitted with the application does not show an open pond, but does show concrete vaults under the parking lots; however, either are acceptable. Mr. McOonnell stated he opposed having an open pond because of the safety of children He agreed with Mr. Overson that some kind of traffic delays need to be provided because of increased traffic problems in that area. He also believed that during construction, access to the site should be limited to Riddell for the heavier equipment. He was also concerned that this project would place a lot of people into an already impacted area. He would like to see the requirement attached that the final plan for the project come back before Council for approval because the Planning staff approval process could increase the density up to 400 units and decrease open space. He was in a quandary over this proposal because this site is in his district, but there is no legal way he could vote against the proposal because it conforms to the City's Zoning Ordinance and Comprehensive Plan. He recalled that 20+ years ago when Merit Mart was built the subject site was TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 18 of 20 a negotiated buffer as a condition of approval and was a wetland. That point was brought up in 1991, but there was no recording to substantiate that action. Mrs. Huff-Menees stated it disturbed her to hear a resident say they called City offices several times and their messages were never returned, and hoped such a situation can be corrected. She referenced Mr. Kollar's comments that this does represent an opportunity to provide some traffic improvements for the area around the proposed site, which are badly needed now and more so if the project is approved. She asked if Mr. Manning had an opportunity to see the petitions signed by the residents? She asked if Mr. Manning was willing to work out start times for construction so it did not adversely impact the neighborhoods? Mr. Mannin~ stated being sensitive to noise during construction is something they address even if it was not part of the requirements for approval. Mrs. Huff-Menees asked Mr. Manning to address proposed buffer landscaping? Mr. Manning explained a 20-foot landscaping buffer is planned to runs around the project, which includes a fully irrigated landscape plan that will be in place prior to start of construction. Landscaping is a way to soften this kind of project, so they do spent money in that area and that can be seen in other projects he has built; and it is professionally maintained. Mrs. Huff-Menees concurred with Mr. Overson's comments relating to traffic issues and would like to see the motion to approve contain some contingencies in terms of some definitive plans coming back to Council with respect to traffic calming. She noted that was not the developer's responsibility, and if traffic lights were not possible she was aware of a variety of other kinds of traffic calming methods. Mr. Farr stated his support of this proposal and noted a lot of the concerns expressed during this hearing have to do with traffic problems. In his opinion, a lot of the traffic problems are County residents passing through the residential neighborhoods on their way to the large apartment complexes and shopping areas outside the City. The City needs a larger revenue base in order to cut down the cost of services to City residents. An earlier comment from the public identified that Riddell Road is under the County's jurisdiction, but rarely does one see a County Sheriff Deputy patrolling that area, but there is City Police patrols along Almira Drive. Legally, he could not see how the Council could deny a project that meets the conditions set forth by the City Council and one that would help revitalize the City. He did not think it was fair to lay extra restrictions or penalize the developer for the actions of law breakers. He agreed there needs to be some focus on current traffic problems, but not to the detriment of this project, and should be addressed through enforcement. He felt an earlier comment that the project would draw drug dealing was completely #2706 TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 19 of 20 unfair to the developer. He estimated the market rate for the units would be $500-800/month, not low income housing. If he were in the position of the neighborhood, he would strive to establish a friendship with the developer, which may gain much more in the long run. Mr. Colvin thanked the residents for sharing their views with the Council. He asked, under the law, the maximum number of units that can be built on the subject site? Mr. Allingham stated 600, with 360 proposed under Phase I. Mr. Neville asked the Deputy City Clerk to review the five conditions required as part of the rezone approval. He too was concerned over the non-response from City departments to Mrs. Patnode and encouraged her to contact Mayor Horton's office or the City Council for assistance. Based on her testimony, she contacted approximately 15 different City numbers and no one responded to her messages. Mr. Montqomeryquestioned if the easement behind Eagle Hardware was usable as an access to the site for construction equipment? Mr. Manninq explained the easement belongs to Eagle Hardware and he doubted they would want him to use that area as an access. The easement area is within his property line; however, once an area has been asphalted over for a certain number of years, it becomes the property of the person, who had it asphalted. Mr. Sievers stated that was correct. Mr. Montgomery asked Mr. Manning if it was necessary to have an access from the site onto Almira Drive? Mr. Manning stated yes. Mr. Montqomery asked why couldn't access be limited to Riddell Road and Hollis Street, if some type of traffic calmer can be installed on Hollis Street? Mr. Manning stated it is important to enter the project in as many areas as possible. The project will impact traffic on each of the streets less if access can be gained from all of them as proposed. In reference to the location of the swimming pool, it will be set down a lot lower than the grade of the street and when driving into the complex it will be very picturesque making it a nice entry. In regard to any excessive noise from the swimming pool area, he anticipates having a retaining wall along Almira, which will also act as a buffer. Mr. Montgomery noted the landscape architectural firm for the site is a well respected group. Mr. Manning pointed out additional landscaping has been added to that proposed by the landscape architect and they have worked with this group on other projects. M/S/C(Farr/Winters) to approve the "Analysis and Decision" of the Bremerton City Council approving the preliminary site plan review for the Riddell Road and Almira Drive apartments, subject to the conditions for final site plan approval as proposed. TAPE #1377 City Council Reg. Mtg. Minutes May 8, 1996 Page 20 of 20 Mr. Montgomery made an amendment to the motion, that was later withdrawn after further discussion, that addressed the advisability of pursuing the idea of providing an access to the project through the easement across the shopping center to the west and installation of stop lights on Riddell Road and Hollis Street accesses. Mr. Farr spoke to Mr. Montgomery's amended motion and cautioned the Council to not obligate the City to something that may be difficult to provide. He did not want to see the current traffic problems tied in any way to the approval of a project that meets all of the current requirements. He cautioned Council to think through this suggestion and come up with another avenue and cause the Administration to address, to Council's satisfaction, the traffic problems that have been identified during this hearing. Mr. Sievers stated the approval of the final plan by the Director of Community Development would be fairly mechanical and would not warrant Council's holding up that decision based on development of some kind of traffic calming devices in the subject area. If this project meets Council's approval, it does not mean Council cannot require consideration, at Council level, of other matters and just insist the Administration bring forward options or suggestions for additional access and traffic calming for that area. Vote on motion: Motion carried. In Favor: Opposed: Overson, Farr, Huff-Menees, Montgomery, Neville, Colvin, Winters McConnell With no further business meeting adjourned at 8:35 P.M.. KATHLEEN L. Mc~CLUS~KE, City Clerk ~JOHN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault