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HomeMy WebLinkAbout11/23/97TAPE #1152 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1993 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, Tuesday, November 23, 1993, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Richard Neville, Lynn Horton, Morrie Dawkins, and Al Colvin. Council members Russ Johnson, Lon Overson, C. R. "Tiny" Collins, Hank Waibel were absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Pastor Mike Cook of Abundant Life Foursquare Church. #0021 #0033 CONSENT AGENDA A. Minutes of Meeting -- October 27, 1993 #AB93-222 B. Minutes of Meeting -- November 3, 1993 #AB93-223 Bid Award Recommendation - Floor Covering At Gold Mountain Golf Course Clubhouse #AB93-224 M/S/C/U(Horton/Neville) to approve the Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Dawkins) on November 23, 1993, the Council does approve for payment those vouchers included and further described as follows: 171142, 171171 through 171245, 171247 in the total amount of $72,849.91; and Regular Payroll for the period ending November 15, 1993, in the amount $537,259.84. COUNCIL MEMBER REPORTS Mr. Horton reported she had the privilege of attending the Ebenezer A&E Church's 81st Anniversary this past weekend. She extended her congratulations to them and wished them another 81 years. On Wednesday, December 1, there will be a number of TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 2 of 30 local area meetings sponsored by the State Department Of Transportation. Discussions at those meetings will center on the Tacoma Narrows Bridge, Ferry service and other transportation issues. She encouraged citizens interested in transportation issues to attend any of the scheduled meetings because their input will help build the transportation system, especially for the Bremerton area because we are so dependent upon ferry service. Additional information relating to times and locations of those meetings can be obtained by calling Kitsap Transit or City Hall. Mr. Dawkins hoped everyone will be able to be with family over the holiday and to please drive safely. Mr. Colvin congratulated his wife for celebrating their 47th wedding anniversary. He also attended the Ebenezer A&E Church's 81st Anniversary celebration. This church has been a light to our community. He wished everyone a "Happy Thanksgiving". He related an incident that happened to him when he cleaned out his fireplace, placed the ashes outside on the ground, which later started a fire in some leaves. He was surprised that the ashes still had a spark left because at the time he cleaned out his fireplace he felt sure they were cold. He did not have to call the Fire Department to put out the fire, however, he did want to caution everyone what could happen during the winter season. Lastly, he wanted everyone to know how nice 4th Street looks now that the construction project is finished. He questioned if anyone had invited service or social clubs to decorate store front windows? Mrs. Horton stated she believed Bremerton Main Street may be involved in such a project. Mrs. Fitz suggested that during the more severe cold weather people check on elderly neighbors or people who may not be well to make sure they have heat in their homes, food to eat and they are able to contact someone to let them know they are ok. She read into the record a press release announcing Council will be accepting applications for Council District #6 position, which will be vacated by the resignation of Councilman Lynn Horton, when she takes off as Mayor. Application submittal deadline is December 15, with interviews following and Swearing In Ceremony to take place December 30. Applicants must reside in District #6 and must be a registered voter. Mrs. Horton added the boundaries for District #6 are west of Olympic College to Corbet Drive and pretty much north of 11th Street to the Washington Narrows. Mr. Dawkins questioned how long would the appointed person serve in that position? Mrs. Fitz explained the appointed position would run until the next City General Election TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 3 of 30 PUBLIC RECOGNITION Mayor Louis Mentor reported Bremerton Main Street Association is working on a window decorating contest for the best decorated windows. On November 18 he attended a Chambers' After Hours event at Amy Burnett's gallery. On Wednesday, November 24, he will be judging christmas trees for the Harrison Hospital Festival Of Trees, which will start on November 26th. On Friday, December 3, at 6:00 P.M., Hospice will hold their tree lighting. On Saturday, December 4, at 5:00 P.M. there will be lighting of the City Hall Christmas tree on 4th Street. He referenced a recent newspaper article about an undercover operation by the Police Department that brought about more arrests. He wished everyone a "Happy Thanksgiving". Bob Sauter, Sergeant Major US Army Retired and President of the Veterans Coalition Of Kitsap County, expressed his dismay over the situation that arose when he made application for use of the boardwalk for the Pearl Harbor Day Ceremony observances. At that time, he was informed that a fee of $50.00 from the Veterans organizations would be required to allow them use of the boardwalk. He emphasized the Veterans organizations were very upset over this situation. Pearl Harbor is a day that we all should remember. If it weren't for the people who died there and the rest of the veterans community, there wouldn't be any Bremerton, Washington or United States ofAmerica. He was also informed that in Spring of 1995, there is a very good chance they will be charged, as a non-profit organization, for any event they sponsor that is held on City property. He emphasized they could move these events to Port Orchard or Silverdale, at no cost to them, where they would be welcome. He questioned if there is an ordinance that requires a fee to be paid by non-profit organization for sponsoring a public event, such as Pearl Harbor Day, Memorial Day, Veterans Day? President Fitz explained there is no fee for the Veteran groups using the boardwalk. Mayor Mentor stated he had worked very closely with the Veterans' organizations in our City, and as Mr. Sauter stated they are very important. Events have been held in Ivy Green Cemetery, Baatan Park, on the boardwalk, etc., and he wants to do everything he can to make sure those events continue. There has never been a fee and there is no intention to have a fee for organizations such as his. He was sorry that misinformation was somehow given out or that there was a misunderstanding about the information that was given out. President Fitz stated if, at some point in time, there should be a decision to charge for some kinds of events on the boardwalk, there would be a public hearing and she doubted that Veteran groups would be required to pay such a fee. She TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 4 of 30 also was sorry that Mr. Sauter came away with the impression that he must pay for the use of the boardwalk. Mr. Sauter stated the information provided to him was given out by Paula Johnston. Gordy Byrd, P.O. Box 930, reported on December 1 he will celebrate the fourth year he has been collecting funds for his shelter for the homeless. As of this date, he has collected $14,281.84 towards his shelter project. He was pleased to report the Jennings Corporation, Pietro's Pizza and Arrow Taxi are helping him through purchase and transporting the tee shirts to the KCAP office, where they will be handed out to homeless people attending KCAP's Thanksgiving Dinner. He was grateful to Morrie Dawkins who gave him a ride, this date, between his classes at Olympic College and east Bremerton. He conveyed a special "hello" to Rich Cooper, who is a patient at Harrison Hospital. Vance Turner, representing the Marine Corps League and Toys For Tots Program in Kitsap County, thanked everyone for their tremendous support last year. Thanks to the generosity of the City and community, they were able to give out 2,500 children toys for Christmas. This year marks their 14th year and their collection barrels are already in place and he anticipates serving approximately 3,000 children. He has set a goal for his members and workers of 16,000 toys. The toy distributing party is scheduled for December 18, 9:00 AM - 4:00 P.M., at the Kitsap County Pavilion. Thanks to the generosity of the Kitsap County Board of Commissioners, the Pavilion is provided at no cost. He extended a very special thank you to his committee for their support given in past years and the supportthat will be given this year. Mike Crouch, Past President of WA, Past President of Kitsap County Veterans Council, current Sergeant Of Arms for the Kitsap Veterans Coalition and Chairman of Homeless Veterans, asked if anyone knows of any veterans who are in need of assistance for any of their needs, they should contact him. He has available packs of supplies that include blankets, food, tablets for writing letters, toilet paper, etc. He suggested that someone in the City have a talk with Paula Johnston about the information that is being given out regarding charges for use of City park facilities. He takes his being a veteran very seriously and sometimes other people don't realize people in the military have given up their lives so everyone else can go through life and have fun. President Fitz stated she would see that Mr. Crouch received a letter this week in answer to his concern. TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 5 of 30 6A - PURCHASE AGREEMENT FOR 8ALE OF PROPERTY AT 500 UNION AVENUE, BREMERTON, #AB93-225 The County proposed to buy the City property located at 500 Union Avenue which has been leased to the County for several years for its mental health services facility. The property has a recent appraised value for the land less improvements of $160,000.00. The County constructed the building at its expense. The purchase price of the proposed agreement equals the $160,000.00 appraised value and is payable in cash at closing. The Council has directed the property be surplused and sold by the City to accommodate the County's move to a new mental health facility. Limited solicitations of potential buyers in the area have been made and the County offered to purchase the property at $106,000.00 cash, plus $54,000.00 in future mitigation credits. Fiscal and Budget Committee rejected this offer and recommended sale to the County for cash at appraised value. The County has now revised its offer to a cash offer equal to this appraised land value. Council is asked to waive surplussing procedures of policy 1-6 requiring notice and bids, due to the urgent need to provide financing for the replacement mental health facility serving Bremerton and Kitsap County. Kathleen McCluskey, City Clerk, stated the proceeds from this sale, if approved, would be deposited in the City's Cumulative Reserve Fund. Gordy Byrd, P.O.Box 930, questioned if he could come up with the $160,000 would he have an opportunity to purchase the property? Ms. McCluskey stated this item is addressing land only and the building that is on the land is owned by Kitsap County. The County is trying to raise funds to pay off bonds on the new Kitsap Mental Health Facility and they already have a buyer for the entire parcel once they acquire ownership of the land. Mr. Byrd questioned if the City would be doing something with the Elks Building? President Fitz pointed out the Elks Building did not relate in any way to this issue. The City of Bremerton is not involved with any project relating to that building, however the Archdiocesan of Seattle has an agreement to purchase that property, if funding is secured. President Fitz stated as a member of Fiscal and Budget Committee they discussed the proposal and were concerned that the building and land be sold together so that the funds can TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 6 of 30 go to the Kitsap Mental Health Facility. They did not feel the offer of $106,000 with credits for mitigation of wetlands was an adequate way to resolve disposal of that property. The Fiscal and Budget Committee did recommend going for the full price of $160,000. Mr. Colvin questioned if the City had met the requirements for pubic notice and opportunity for the public to bid on this property? Mr. Sievers, City Attorney, explained the City has an internal policy that does not distinguish between private buyers and other public agencies. There are no State law requirements, especially when dealing with another public agency, on bid requirements to the public. As mentioned in the Agenda Bill, an internal policy of the City does discuss bid procedures unless Council finds this is an extenuating circumstances to enter into a negotiated sale with this particular buyer. He believes the City has stated what those extenuating circumstances are in this instance. The County has a need to fund this service, which certainly serves Bremerton residents as well as the rest of the County. Therefore, he feels it is appropriate to negotiate a sale with the County rather than open it up for outside bids. Mr. Colvin again questioned if the City had been fair to Bremerton citizens in this process? Mr. Sievers stated the City has been fair in the sense that the City is getting the full appraised price for the property. Mr. Colvin stressed he was talking about opportunity to other public agencies and citizens to participate in this venture. Mr. Sievers suggested the City Clerk discuss the limited solicitation of likely buyers in the area. The property was not advertised for sale or listed with a broker for general offering of sale to the public. He emphasized it is not required that the City make a fulling offering to the public at large even though it is public property. State law recognizes where there are two public agencies involved it explicitly recognizes that there does not need to be a bid offering to the public. President Fitz pointed out this situation was not exactly normal considering the City owned the land and the County built the building on City property. Mr. Dawkins questioned when the Fiscal and Budget Committee rejected the initial offer of $106,000 plus a credit for wetlands did that mean $54,000 would be provided at a later date? President Fitz stated no, the original offer was $106,000 cash, plus $54,000 deposited in a wetlands mitigation bank in the Silverdale area. If the City came into a situation where wetlands were to be disturbed, $54,000 deposited in a wetlands bank could be used to mitigate that #1063 TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 7 of 30 loss. The committee did not feel that was an acceptable arrangement. Mr. Dawkins noted at some point in time there may be some disturbance of wetlands in the City area and questioned if the City could negotiate with the County to use their wetlands bank in Silverdale. Mrs. Horton pointed out what is being proposed is the City would receive $54,000 in cash. She emphasized this piece of property has been reviewed by the County and City Council several times and the bottom line is the City will cash out its portion, the land, for a cash agreement of $160,000. M/S/C/U(Horton/Colvin) to waive bid sale procedures and approve the negotiated purchase agreement with Kitsap County. 7A - RESOLUTION NO. 2450 - FINAL PLAN APPROVAL OF BREMERTON GARDENS: SUBDIVISION OF 18.93 ACRES INTO SEVEN LOTS AND ONE OPEN SPACE TRACT; APPLICANT; JOHN STEPHANUS/BREMERTON GARDENS LIMITED PARTNERSHIP, #AB93-226 The Preliminary Plat for Bremerton Gardens seven lot subdivision, was approved by the City Council on June 2, 1993 subject to 10 conditions (see Exhibit III). In accordance with the conditions of the Preliminary Plan approval, compliance necessary for Final PUD and Final Plan approval has been demonstrated. Now, a plat map prepared by a licensed surveyor has been submitted for Council approval. If approved, the plat will be recorded with the County Auditor. RCW 58.17 Boundaries and Plats requires Final Plat approval by the City Council. Shane Jensen, Planner, stated the last time this issue was before Council was during the Preliminary Plat and PUD form where there were 10 conditions attached. He provided Council with a statement listing those 10 conditions and how they have been complied with. At this point in the process, the project is vested under the design previously approved and the developer has been working since June to meet the conditions that were attached. He pointed out the Agenda Bill contained sign off signatures from various departments that had concerns related to those conditions. At this point, there cannot be any substantive changes to the plat or to the design. Any denial, at this point, would have to be based on some findings that the Preliminary Plat conditions have not been met. Approval of this project will enable those lot lines on the plat map to be recorded with the County Auditor and separate lots created. Public comment - none. TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 8 of 30 Mrs. Horton stated in the PUD that was brought before Council there was a concern about the "transit" area and questioned if that had been successfully resolved? Mr. jensen stated yes, as identified in his statement under Condition # 9. That condition was routed to Kitsap Transit for their input and resulted as follows: "Kitsap Transit will be consulted as to its ability to service the expanded apartment complex, and in regards to the present location of the bus stop near the corner of Wheaton Way and Parkside Drive". He also has in his position a couple of letters from Kitsap Transit on that issue. Also, the project architect is available to answer questions. Warren Pollock, Architect, stated the result of conferencing with Kitsap Transit they felt that at the present time they did not anticipate requiring any new transit stop along the border of the project, but they may ask for that some time in the future. Essentially, the owner agreed that at such time in the future Kitsap Transit wants another stop along the property an easement will be granted. One other issue regarding transit is there are some locations on the property itself for Paratrasit service. If there is ever a change in that requirement, the owner is willing to resolve that issue later. Basically, Kitsap Transit has no new requests, but the owner agreed to cooperate with them in the future if they do want a new "bus stop". Mrs. Horton asked the City Attorney if Council should do something now to include a future easement? Mr. Sievers stated Council could tie it into Condition # 1, making it more definite, which could reserve that easement on the so that it is available later. Mr. Pollock stated he believed the owner had agreed, under Condition # 9, that he will provide an easement for a bus shelter building if Kitsap Transit should ever ask for one. At this time, Kitsap Transit is not. making such a request. Currently, there is a shelter along the property. Mr. Jensen suggested attaching a note on the plat itself, which is recorded. Mrs. Horton stated she wanted something indicated that the owner has agreed to an easement so that there is no future problem. Mr. Sievers agreed with Mr. Jensen's suggestion indicating which parcel would have the easement. President Fitz questioned if it was necessaryto be that specific? Mr. Sievers stated yes, he did not think it was necessary to encumber all of the parcels and Council could limit it to a specific area. Mr. Jensen stated it could be attached to the northwest corner of Lot 1-N. Mr. Colvin questioned will that provision go with the property ownership? Mr. Sievers stated yes, it will be designated on the face of the plat and very evident for any purchasers of those lots. Mr. Colvin questioned if Condition # 3, which relates to perimeter parking lot landscaping setbacks, had TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 9 of 30 been accomplished. Mr. Jensen stated yes, there was a concern about a minimum 10-foot landscaping strip that is required along the street frontages and those have been redesigned. Mr. Colvin questioned the number of parking spaces for tenants as a result of that redesign? Mr. Jensen explained the redesign provides for about the same number of parking spaces and actually was a reconfiguration of the lot as it was placed on the property. There is a formula in the Zoning Ordinance to determine parking requirements and that involves the number of bedrooms per unit. A 3-bedroom unit requires 2 parking spaces per dwelling unit, a 2-bedroom unit 1.7 parking spaces and for a 1-bedroom unit 1.5 parking spaces are required. During the Preliminary Plat process 130 spaces were required and the owner actually provided 138 spaces. Now, there has been a switch in the number of type of bedroom units, which brought about more 3-bedroom units than 1-bedroom units and 138 parking spaces are still being provided. #1480 M/S/C/U(Horton/Dawkins) to approve Resolution No. 2450 accepting the Final Plat of the Bremerton Gardens Subdivision; with the following amendments to include a future easement on Lot 1-N for Kitsap Transit. 7B - ORDINANCE (FIRST READING) SETTING MUNICIPAL COURT JUDGE'S SALARY RANGE, #AB93-227 The Municipal Court Judge's salary will exceed the maximum provided for in Ordinance 4345 in 1994. The ordinance should be amended to provide for a salary of $65,276.00 for the period 1/01/94 - 12/31/94. The position will be elected in 1995 and a new salary will have to be set for the 4-year term. Kathleen McCluskey, City Clerk, stated initially the ordinance was submitted to Fiscal and Budget Committee with a salary range. The Committee felt because of the election requirement for the new Judge and the fact the City would need to set a four year salary pre-filing, which will be before July, it would be more appropriate to just address it at that time and to set the current Judge's salary for the final year. This salary is based on salary increases for managers in the City applied to the initial salary that the Judge came in under when he was hired two years ago. Public comment - none. #1568 M/S/C/U(Dawkins/Colvin) to approve ordinance, on first reading, setting the Municipal Court Judge's salary and benefits and repealing ordinance No. 4345. TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 10 of 30 8A - PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD A SEPA DETERMINATION OF NON-SIGNIFICANCE; APPELLANT: CLIFFORD L. WHITE; PROPONENT: AMERICAN LEGION, KITSAP COUNTY PARKS, BREMERTON SCHOOL DISTRICT, #AB93-228 A Determination of Nonsignificance was issued by the City on June 15, 1993. This decision, not to require an Environmental Impact Statement, was then appealed to the Planning Commission on October 5, 1993. The Planning Commission upheld the Determination of Nonsignificance. The lighting of the American Legion ball field is being appealed primarily due to the potential light and glare impacts upon surrounding properties (see Letter of Appeal, Attachment I). When hearing an appeal, the City Council may take any of the following actions: 1. Uphold the Determination of Nonsignificance (DNS). (This would allow the zoning decision to be issued with-out requiring an environmental impact statement). 2. Overturn the decision, requiring a Determination of Significance to be issued which would require an environmental impact statement to be prepared. 3. Remand the decision back to the Responsible Official to impose mitigating conditions which might lessen impacts identified by the Planning Commission. President Fitz asked the "Appearance Of Fairness/Conflict of Interest" question with all Council members being seated. Jack Allingham, Senior Planner, stated the decision that the City Council is hearing, at this time, is a State Environmental Policy Act Determination of Nonsignificance. It is a decision that states that an Environmental Impact Statement (EIS) is not required to light the field and to undertake the field renovations as stated in the Environmental Check List. The Determination of Nonsignificance was issued, by an administrative decision, on June 15, 1993. That decision was appealed to the Planning Commission on October 5, 1993, and the Commission upheld the decision not to require an EIS. Now, this decision is being further appealed to the City Council. The letter of appeal states the reasons for the appeal. When hearing an appeal, Council may take any of the three actions as stated above in the summary statement. TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 11 of 30 Clifford White, Appellant, 1425 Lindberg Place, stated the reason he is before Council is because the American Legion, Kitsap County Parks and Bremerton School District submitted an Environmental Check List to install lights and improve the baseball field located at Cherry Avenue and Sheridan Road. At first glance, this sounded like a worthwhile project...who would be opposed to a community effort of that nature. He truly believes it is a good project. As part of the Permit process, Mr. Allingham stated the Director Of Community Development reviewed the proposal and issued a Determination of Nonsignificance (DNS). However, in connection with this project there are certain environmental issues that have not been adequately studied, i.e., noise pollution and electrical pollution. He appealed the DNS and the Planning Commission upheld the Planning Department decision. Terrain around the ball park - a drawing was used to show the topography of the hillside east of the ball field. The terrain north of the ball field is flat and the site of the Bremerton Middle School. To the west of the ball field the terrain is level and the site of the American Legion buildings and to the south there is a vacant parcel of land that was the site of Olympic View School. To the east, the hillside is completely developed with predominately single family dwellings. The purpose of his drawing is to show the relation to the ball field and because of the slope, all homes are built on a stair-step or terraced manner such that the fronts of all the homes are fully exposed to the west, which is the view area. The homes on Cherry Avenue are only 70 feet away from the perimeter of the ball field. The important thing to remember is that the fronts of these homes are fully exposed and there are no structures or vegetation interfering with a direct line of sight down to the ball field. He referenced the City's Environmental Check List required by the State Environmental Policy Act for proposals involving environmental issues. This particular check list was prepared by Mr. Cote for the baseball field upgrade. Noise pollution - Question... is noise an environmental issue in the SEPA Check List? Answer...Yes. Mr. White referenced the SEPA Check List and quoted the following from Section 7 - ENVIRONMENTAL HEALTH, b. Noise (2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example traffic, construction, operation, other)? Indicate what hours noise would come from the site". Following is Mr. Cote's response: "Existing noise from ball field use may increase hours week nights to 10:00 P.M. Friday to 11:00 P.M., Saturday to 12:00 P.M., Sunday to 10:00 P.M.". The reviewing Official's comment TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 12 of 30 (found in the margin of SEPA Checklist) states: "Existing public address speakers face toward residential properties to the east". Mr. White felt it was important to note that no decibel levels of noise were given and it is even more important to note that neither the applicants nor the Department of Community Development recognized that noise from spectators at these events is disturbance to the neighborhood. The subject baseball field has existed for the past 25 years and over the years he observed improvements being made to the field with usage increasing. The noise had increased in proportion to its use and the volume in noise has increased. But, the difference in this case is that because the field was unlighted the neighborhood tolerated the increased noise levels because they knew the noise would cease when the sunlight went down. However, if the field is lighted that would not be the situation. SEPA Checklist #7 (3) states: "Proposed measures to reduce or control noise impacts?" Mr. Cote's response was "redirect announcer speakers away from neighbors property". Again, Mr. White felt it was important to note that no one was addressing spectator noise. And, he felt the speakers were somewhat of a disturbance, but are about equal to the noise from the spectators as far as their being an annoyance. He also pointed out there was another question under SEPA Check List #8 1, regarding noise: "proposed measures to insure the proposal is compatible with existing and projected land uses and plans, if any". Mr. Cote's response to that question is: "Careful aiming of lighting to avoid disturbing neighbors. American Legion enhanced controls on speakers/announcements on outdoor mike". Again, there is no recognition about late night noise from spectators. He quoted the following from the City's Zoning Ordinance relating to noise: "Chapter 6.32.010 Definitions, Paragraph C: For the purposes of this Chapter the following noise control districts shall be established, which include land use zones designated in the Bremerton Zoning Ordinance as follows: Land Use Zones, District #l, includes SF-1, SF-2 and SF-3 (single family dwellings)". Zoning Ordinance Chapter 6.32.040 has to do with environmental sounds maximum permissible levels: "It is unlawful for any person to cause or permit noise from any source located within the City to intrude into the property of another which meets the maximum or permissible noise level set forth below". For District #1, the maximum allowable decibel level ranges between 55 and 60. A sub-note identified as (b) states between the hours of 10:00 P.M. and 7:00 A.M. the noise limitations on the forgoing table shall be reduced by 10 db for receiving property within District #1. From that he concluded the maximum allowable noise level during night time hours in a residential area would be 50 decibels. Under Chapter 6.32.110, which has to do TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 13 of 30 with public disturbance noises: "It is hereby unlawful and declared a public nuisance for any person to cause or for any person in position of property to allow noise as defined in this section. The following shall be public disturbance noises: (e) the creation of any other loud noises which emanate frequently or repetitively or continuously from any building, structure or property, which unreasonably disturbs the peace comfort and repose of others". Mr. White stated there are numerous articles documenting health hazards of noise. Noise has been identified as contributing to ulcers, heart disease, hypertension, psychiatric disorders, fatigue, nervousness and irritability. Noise level determination - how much noise is too much and how is that determined? Noise intensity is measured in decibels designated as db. This system operates on a log arithmetic scale with each increase of 3 db representing a doubling of noise energy, as exampled by the following db levels: whisper at five feet is 25 db, a window air conditioner emits a noise of 55 db, an average office building has a noise level of 75 db, busy city street produces 80 db, tractor trailer rig produces 90 db, and gas powered lawn mower produces a noise level of 95 db and a rock concert produces 130 db. He will use the gas powered lawn mower as a comparison because it is something everyone is familiar with and something that is used weekly during the summer. When he uses his gas powered lawn mower during the summer, surprisingly during times when games are being played on the field the noise from the spectators overpowers the noise of the lawn mower. From that he deducts that noise from the spectators, who are 200-300 feet away, certainly is at least 95 db. The point he was trying to get across in his discussion on "noise" is that noise in residential areas should be reduced after 10:00 P.M., so that residential peace, comfort and repose are not disturbed. Secondly, that organized sport activities are not accepted and thirdly, that noise from 100-200 spectators can be a significance disturbance, greater than 95 decibels. Light pollution - Question: Is light pollution considered to be environmental pollution in the SEPA Check List? Answer: Yes. Item #11 - Light And Glare states: "What type of light or glare will the proposal produce? What time of day would it mainly occur? Mr. Cote's response was "see item #7b (noise and hours of use) and see the site plan. Typical ball field lighting glare, but only one field and not a group such as Fairgrounds". Item # ll-b states: "Could light or glare from the finished project be a safety hazard or interfere with the view? Mr. Cote's response was "not expected, however, the reviewers comment in the margin stated: "yes, views to the TAPE #1153 TAPE #1152 City Council Reg. Mtg. Minutes November 23, 1993 Page 14 of 30 west from properties located along Cherry Avenue will have views of the lights.". Mr. White felt that was a gross understatement in as much as it does not acknowledge virtually the entire hillside will be illuminated and the glare will prevent the residents from looking out of their windows. And, that residents would need opaque drapes to block out the glare. During his study of the lighting proposal, he made several visits to the Fairgrounds complex and to Lebo Field area and documented his findings, which were included with his letter. Liqht Demonstration - Mr. White set up a demonstration that showed some common place light source against which he could make understandable comparisons. For that purpose, he chose the light level of moonlight. He noted moonlight from the moon is a constant value, unchanging from one month cycle to the next. The illuminous intensity of the moon is constant and the distance from the moon to the earth, is for practical purposes a constant within relatively narrow limits. For his demonstration he used a standard 40 watt light bulb, which has an intensity of 32 candle power. He calculated that a 40 watt light bulb at 32.65 feet is equivalent to that of a full moon shining on the earth's surface. When he set up the newsprint at the back of the Council Chambers the distance between the 40 watt bulb and newsprint is 32.5 feet. In the darkened chamber the 40 watt light bulb cast a 1-foot candle power, which made it difficult to ready any part of the newsprint except the very bold column headings. Some people have stated the light around the periphery of the ball field will be approximately 1-foot candle, so he chose to illustrate that in his demonstration. He then moved the newsprint four feet away from the 40-watt light bulb, which illuminated 2-foot candles on the newsprint.. He chose the 2-foot candle demonstration because the lighting plan submitted by the applicants shows the spillover lighting around the perimeter of the ball field to range between 1.79 and 2.15 candle power. To recap, he has shown that noise pollution is an environment issue and he quantified the degree of the spectator noise and showed clearly that it would be in violation of the City's Noise Ordinance. He has also shown that light pollution is an environmental issue and demonstrated the light level imposed on neighborhood residents. He has shown that both noise and lighting impacts have not been adequately studied by the Director of Community Development. Council was provided copies of petitions signed and letters written by residents addressing the objections to the late night noise, spillover lighting and glare. He referenced the SEPA Check List, first TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 15 of 30 paragraph titled Purpose Of Checklist: "The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment". Mr. White felt that statement was self-explanatory. The logical time to access these impacts is in the planning state, not after Permits have been issued and certainly not after the project is complete. He asked Council to weigh the evidence and reverse the Planning Commissions' decision and remand the proposal to the Director for EIS action on the items discussed. George Baxter, 2816 Halverson, stated he lives above the proposed enhanced ball field. He stated if he were to walk into the City Council Chambers tonight and scream very loudly he was sure that would be annoying to the City Council members. If he were to drive by Council members homes with a boom box blaring, he was sure that would also be annoying to them. The entire hillside behind the ball field is like an echo chamber. He and his wife have been awakened at night from noise caused by people exiting the American Legion Hall talking in normal to slightly elevated levels. During the day they have encountered the crowd and speaker noise from the existing ball field, which was objectionable to them because it was within reasonable hours. But, to project this kind of activity into the late evening hours he belt was ludicrous and therefore he is very much opposed to the whole proposal. Karen Gentry, 1403 Lindberg Place, stated her residence is located at the end of the first base line and she has resided at that location for 15 years. The ball field has changed a lot over those 15 years, from the Pee Wee's who played there after school and on Saturdays to young adults who now play on the field. The Legion has been a good neighbor and have done a pretty good job seeing that the area is quiet, that the loud speakers have only been used for tournaments, not for every game. At one point, they were using the speakers at every game, and she and her husband found that very annoying due to the very amateurish announcing. Now, she understands that there is intention to start broadcasting every game with the amateur announcers. She strongly objects to lighting the field, which will make it difficult for them, along with the added noise level. She emphasized their neighborhood is so quiet that when people are walking along the street and talking it will attract their attention. She stressed having games playing up to 12:00 P.M. at night is much too late. They also are concerned about the value of their home because TAPE #1153 City Council Reg. Mtg. Minutes November 23., 1993 Page 16 of 30 of the proposed field enhancement. Two months ago they had their home appraised for refinance purposes. When the appraiser finished going throughthe house she asked him what would the proposed field enhancement project do to the value of their property? She emphasized their property is a large chunk of their retirement. The appraiser's response to her was that they would lose $5,000 in value to their property when the lights are installed. She questioned since she chooses not to donate $5,000 to this cause, who owes her $5,000 to compensate the drop in value her property will take once the field lights are installed? She believes property owners should be compensated if this proposal is approved. She also believes the sound system must have definite limits on its use with games needing to be concluded by 10:00 P.M. Bob Gentry, 1403 Lindberg, stated he applauded Mr. White for his homework on this proposal demonstrating to the City Council some of the values that will be available to the homeowners after the lighting is installed. The unfortunate part about the proposal is that there is no guarantee that the light levels will be kept at or below these figures. As an electrician and having installed lighting, he knows that an effort is being made to direct the majority of the lighting on to the field where it belongs. However, even with sharp cut off fixtures there is spillover lighting, which is not controllable. There is no guarantee that the level of lighting will be "moonlight" intensity on their homes and properties. Another concern is the type of poles and light fixtures being proposed. These fixtures will have to be aimed in such a manner that the entire field is lighted. That means those fixtures on the far side of the field from his property (on the third base side) will have to be aimed in his direction and he will see the glare points from the majority of these lights. Recently, the Legion installed what appears to be a 500 watt quartz fixture on one of their outbuildings to light one of their small parking lots. That light fixture is on basically all night and it is aimed directly at his residence; and from that bright light he is able to read a newspaper while standing by his front window. So, if he is going to have 6-8 lights per pole aimed at his residence, he thinks he is in a world of hurt. He asked Council to consider that while the Planning Commission stated this is not significant, it is very significant to those who live in that area. The noise pollution has already been addressed and he urged Council to be considerate in that this impact is significant to the neighborhood area. And, he believes it is the neighborhood area that the Environmental Check List is trying to protect. TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 17 of 30 Carol Lawson, 2906 Cherry Avenue, stated her only complaint has to do with noise and lights and she agrees with all of the previous testimony by fellow residents. She lives at the first tier on the hillside and when it rains during a game being played on the field, people sit in their vehicles to watch the game and use their car horns to cheer the teams on. She does not want horns honking going on between 10:00 - 12:00 P.M. She asked Council to take into consideration that their's is a family neighborhood. She understands the need to have ball fields, however, she felt ball field facilities could be built somewhere else that would be less intrusive to the residential neighborhood. Eric Carter, 1421 Sunset Vista, stated his residents is located on the first tier of the hillside behind the ball field. He objected to the proposed changes to the field, specifically those that would allow sporting events to continue well into the evening thereby increasing light and noise pollution for the nearby residents. He found it particularly offensive to not have any control of such considerable interference with the enjoyment of his life. He questioned what kind of sunsets will he be able to enjoy with thousands of watts of lights in his direct view? He did not find the noise generated during daylight hour games to be objectionable because it does come from a park like area and is part of daily life. But, to allow such activities to continue past 10:00 P.M. is more than he will accept. Something else that is a by product from sporting events is the traffic, which has been spoken to as to noise, however, what concerns him is the speed of vehicles exiting the ball field area. He does support enhancement of parks, but the neighborhood is comprised of normal people who are trying to enjoy their lives and this proposal will create a significant negative affect on their lives. He emphasized the entire front of his home is windows and the proposed lights will illuminate his entire home. Either the noise or lights during late night games will keep him awake, which is an unacceptable to him. He considers the fact that this has been deemed as really insignificant in terms of its affect on their environment to be unbelievable. There are definite impacts that have been proven that are in direct violation with City codes and ordinances. He strongly supports having the SEPA fully pursued. Larry Cote, Kitsap County Parks Department, stated this proposal is a joint project with Kitsap County, the American Legion and Bremerton School District. The project as described also involves a great number of donations and volunteer dollars. Along with Mr. Cote was Gene Wentworth TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 18 of 30 from Cross Engineers, the lighting engineer on the project, and Mr. Walt Draper from the Bremerton School District, Ron Mobley from American Legion and Rick Smith from the Park Advisory Board. Mr. Pratt stated the decision maker that this is being appealed against is the City, but he felt the process requires the City to respond first to defend the decision that was made and they belong in a supporting role in that decision. Jack Allingham, appointed SEPA responsible official, stated he did make the determination of non-significance, not the Director of Community Development, which was stated earlier. He believes the EIS did address there would be noise and light impacts. He was not denying that there would be impacts on the neighborhood and those impacts have been reviewed. They also reviewed that aspect that the site is an existing ball field and that it is zoned Parks and Schools. The City of Bremerton did adopt an EIS Statement designating that site as a Parks and School Zone and the lighting of a ball field is a typical use associated with a ball field, which was also taken into consideration. The Plan submitted with the Environmental Check List was prepared by specifications under the Institute of Lighting and Engineers and the plan does mitigate lighting impacts on surrounding property owners. That point was also taken into consideration. The past performance of the ball field and the noise associated with it probably can't be mitigated under this proposal that it will have noise and it will last longer and there will be light. But, the decision not to require an EIS was made because those impacts are not so intangible that they can't be understood as it is being presented to the City Council at this time. The decision not to require an EIS is not an approval decision. A Zoning Ordinance Site Plan Review approval is also required and under the site plan review process specific conditions limiting the times of year and hours of lighting can be applied. It is his opinion that an EIS is not required to determine when the hours of use and times of year should be restricted. President Fitz questioned who would make the determination about times and hours when the ball field would be used? Mr. Allingham explained the site plan review approval is made by the Director of Community Development, which is appealable to the Planning Commission. Larry Cote, Kitsap County Parks Department, stated it was their hope that many of the concerns expressed during this hearing will be taken up in the site plan review process. The American Legion play season is approximately June 1 to August, which is during the summer months and the sun is quite bright TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 19 of 30 up to 8:30 - 9:00 P.M., therefore the lights would not go on until that time. Normal American Legion games last 2 hours 15 minutes and they have stated their latest game would be starting about 9:00 P.M. Mr. White mentioned there is no vegetation on the hillside that would protect the people on the hillside from viewing down on bright lights. He did not agree with Mr. White on that point because there is quite a bit of mature vegetation around each residential lot on that hillside. He believes the issue of redirecting speakers away from neighboring properties could be mitigated during the site plan review. Gene Wentworth, Cross Engineers, stated his firmprepared the foot candle calculations for the baseball field lighting. Had he known that Mr. White planned to make a demonstration, they could have used some light meters to measure the actual foot candles. He realizes it is just an opinion point now, but based on what he has seen on measuring baseball and football fields, office buildings, etc., his estimation of the candle power demonstration at the back of the Council Chambers would have been one foot candle and the demonstration closer to the front of the room was probably ten+ foot candles. They use the same calculations that Mr. White talked about, however, the only difference is that they use computer modeling and can calculate thousands of them at one time. They can take very small increments on a large area and model it so that they estimate the foot candle levels, then with the foot candle meters, they can determine if the restrictions placed on the contractor are met at a certain minimum. When they made the calculations for the subject field, they took into consideration the houses near the field (70-80 feet from right field line) and have designed about two foot candles. One thing that has not been demonstrated, at this time, is the relative height of the poles and how that light is directed downward, which would give very little spillover. In reference to the comment about a new light fixture installed in the American Legion parking lot, he would make an assumption that it was less than 30 feet high and aimed at the parking lot similar to what Mr. White demonstrated. If that same fixture was placed 70 feet into the air and tilted downward toward the parking lot, there would very little light glare and possibly not even measurable. The reason the Parks District hired his firm for this project is to make sure the lights are directed onto the field, that there are predictable levels of light going onto the field, and light spillover identified so that those issues can be addressed and not pollute the area. With the elevation and angles and being able to go through this in the site plan review, he believes they can adequately take care of the spill lightage and that TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 20 of 30 the levels they have shown of approximately two foot candles on average would be a measurable item after the lighting is constructed. Ron Mobley, 3735 NE Bahia Vista, stated he represented the American Legion, as well as the youth who play ball on the subject field. It was reported that the neighborhood is extremely quiet and people can be heard talking as they exit the Legion Hall. But, from what he heard there are also trucks moving up and down Sheridan Road as they go to the grocery store and filling stations and other businesses. Mr. White commented that trucks give out a 70 db sound level and those are not controlled very well. It isn't like the neighborhood is that quiet all the time...there are vehicles and trucks traveling Sheridan Road and that neighborhood is only about one City block away from Wheaton Way,'which is one of Bremerton's busiest streets. He heard the comment that the appraised value of a house would be dropped $5,000 from having a lighted ball field near its location. He also pointed out on the environmental part, how much has the appraisal value increased on that home by having open spaces of a ball field for kids to play on or open spaces to see verses if we did not allow baseball...perhaps apartments, other lighting, trucks and vehicles, etc. He believed the loss of property value is maintained in other assets within that area. He also heard Mr. White state that a full moon was only abut 1/3 foot candle. His engineers have stated a full moon is one foot candle, so there is a considerable difference on that point. As Gene Wentworth reported, they are looking at something slightly over or just about two foot candles at the field level. Cherry Avenue, the first street with houses bordering the field, is some 12-15 foot higher than field level. He would guess Mr. White's house is 60-80-90 feet higher than the field level as well as approximately 300 feet away from the edge of the field. Halverson Avenue is even higher, so with the lights pointed downward on to the field from 70 foot poles the candle power is reduced rapidly. One lighted field is being proposed, not like Roosevelt Field or Fairgrounds, and other fields that are lighted by poles that are much shorter and throw the light more horizontal than what is being proposed at the Legion field. Not all games would be announced and he suggested no more than one third or half of the games would be announced. This is something they are willing to work with the neighborhood in order to mitigate that concern. Games that would most likely be announced would be Friday, Saturday and Sunday afternoon games. On Sundays, all of the games would be over, except for extended tournaments, by a minimum of 6:00 P.M. In response to an earlier comment regarding parking, they are willing to place TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 21 of 30 "No Parking" signs on Cherry Avenue. They would rather have the baseball fans in the bleachers. He believes the Legion would be willing to work with the neighbors to provide some kind of a mild sound barrier provided by a hedge type planting along the right field line. He pointed out that hillside has a lot of homes on it and he felt it was to their benefit that only one person appealed this decision and only a few other people spoke in favor of the appeal. If the project was a real irritating type project, he felt the room would have been full of disgruntled people Mr. Gentry commented that the Legion had always been a good neighbors and he felt it was important to point out to the Council that the Legion intends to continue being a good neighbors. They do want the lights put in and they do not think it will be as great an impact on the neighbors as they seem to feel; and it will provide a ball field for many more people to play, which helps get young people off the street. The oldest youth allowed to play on the subject field are those who have not reached age 19 by August 1, and the only adults who play on that field are the coaches, who work with the youth. Mr. Dawkins expressed concern that he may have a conflict of interest due to his being a member of the subject Legion Post and asked if he should step down from this hearing? Ian Sievers, City Attorney, stated he believed Mr. Dawkins would have a conflict because the Legion is one of the proponents in this appeal and recommended that he step down. Mrs. Horton questioned if Mr. Dawkins steps down what would that do to Council's quorum? Mr. Sievers stated if Mr. Dawkins stepped down Council would lose its quorum, so the Doctrine of Necessity will allow him to remain seated. Even though Mr. Dawkins recognized there may be a conflict because of his membership, he is allowed to participate and continue participating in the hearing and in the decision. George Baxter, 2816 Halverson, stated a comment was made about the lack of participation of residents in the Halverson area and some of the other areas. But, upon examination of the residency one would find several people living in that area who are too ill to attend this hearing and who would have liked to attend. In addition, there are other people who run nursing homes in that area and are unable to leave their patients. He did not think the lack of speakers against the proposal was a significant point. Rick Smith, 131 E. 31st Street, stated he has been the chief grant writer and volunteer for the project to expand, renovate and light Legion field for about five years. The hearing process was stated in June of 1992, and at that time some of TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 22 of 30 the same neighbors as those present at this hearing raised questions and concerns, which were addressed at that hearing. After that hearing, he was of the opinion that everyone was in favor of the project and saw that it was a great improvement for the community, especially the youth. Now, the impression is given that it is "the end of the world" if the project comes to pass. He pointed out this is a hearing on whether or not there are significant environmental impacts and it is a quasi judicial hearing and as the City's Attorney knows, the demonstration presented by Mr. White would not be accepted in a court of law because there is no technical foundation for the accuracy of what he presented. There is no evidence that Mr. White is an Engineer or someone skilled and learned in his field. He caution Council on making a decision on that demonstration. He felt the lighting Engineer's comments are accurate and that was why the Department of Community Development found there weren't any significant environmental impacts. Any time you are fortunate to live in an area that is adjacent to a wide open spaced area it is understandable one would want to keep it that way forever. However, the Legion site is a large piece of land that could be used for a variety of purposes and he believed the community and neighbors would be much better off if it were a baseball field for the next 100 years instead of all the other uses it could become. If this field is improved to the level being proposed, he believes it will be a baseball field for another 75-100 years because it wills be the only baseball field in greater Bremerton. The proposal calls for improvements within the field itself, which looks fairly unsightly in August and early September due to its not being kept up. He emphasized the comments he just made are more appropriate for the site plan review process as were most of the other comments given by other individuals at this hearing. He found it surprising hearing objections to the noise because games are played only to 9:30 P.M. on Friday and Saturday evenings during July and August and it has been in use a good many years. He emphasized none of the neighbors, who spoke against this proposal, had ever complained about the noise from the crowds to the Legion program or to the Babe Ruth program. He has coached youth sports for the last 12 years so if there were any complaints about noise he felt sure he would have heard about it. One complaint he was aware of had to do with some kids plugging in their boom box and playing it over the loud speakers. As soon as the Legion heard about that situation they corrected it. The proposed improvements would allow the loud speakers to be moved from the concrete block building onto the light poles and pointed back towards the spectator stands. He pointed out the Legion ball field is the only flat piece of property in Bremerton where a baseball field could be TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 23 of 30 situated so it isn't like they have any choices. Baseball tournaments cannot be held in Bremerton at the present time. Only Invitational Tournaments, which are greatly limited by the fact no games can be played Thursday, Friday and Saturday evenings beyond 9:00 P.M. That limitation affects the Bremerton Babe Ruth Program, Bremerton American Legion Program, Bremerton High School Baseball Program and Olympic College, who has expressed an interest. None of those teams can hold a tournament, post season tournament or any kind of official tournament the way the field is set up. He emphasized lighting the ball field is very important, however, it would not be used every night of the week during the baseball season. He believed approximately 12 games would be played during that two month period that would require lighting the field. He submitted that was not a significant environmental impact even for the people who live in that neighborhood. He urged Council to uphold the Planning Commission's decision. He noted the Planning Commission heard a similar presentation over a 2-3 hour period and voted unanimously, except for one abstention, that there was no significant environmental impact. In his opinion, on a substantive basis whether or not it is an appropriate use of the land, is the basis upon which this decision should be made. Dick Windral, 1102 Jacobson, stated his representation at this meeting is as a parent and City taxpayer listening to the issues. He has lived for 21 years in the Manette area adjacent to the Manette Playfield, which is lighted. His property level is lower than the playfield and after listening to the testimony on this issue, he could not say the lighted field had any impact on his view of sunsets. He was concerned about neighbors keeping their environment as noise and light free as possible. He noted school buses make a loud noise on City streets and no one can control that noise. He owns a business at the corner of Sheridan Road and Perry Avenue and has experienced the impact of Fire and emergency vehicle sirens going off all hours of the day and night, which he views as noise pollution. We, as citizens and landowners, must accept the fact that there will be change within our environment that is not totally controllable. From the kids standpoint, he did not see any other baseball field in Bremerton for youth in the "at risk" age level. He was concerned with the feeling that "kids can go somewhere else to play...but not in my neighborhood". He did an independent study while he was fund raising for the Legion program and learned that the Legion, along with the School District, were doing a great job providing a recreational facility. He challenged everyone to get involved in providing a viable TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 24 of 30 recreation spot for youth in order to get them off the street and that is acceptable to everyone. Mr. Colvin questioned for clarification Mr. Sievers' decision to allow Mr. Dawkins to remain seated even though a conflict was present? Mr. Sievers stated under normal circumstances where the Council member is a member of a proponent group, it would be presumed there would be an appearance of fairness problem because it would be assumed by the public that Council member may have prejudged the matter since his group is advocating the matter. However, in cases where it would prevent the government from acting on a proposal, such as the one at this time where Council would lose its quorum, there is an overriding doctrine that overrides the Appearance Of Fairness doctrine and allows that Council member to remain seated and to participate so that the government can function. If an additional Council member had been present, then Mr. Dawkins should step down, but tonight he could remain seated. Mr. Dawkins questioned if the normal time for use of lights on the field is 8-8:30 P.M., and would that allow just one night game on a Friday and/or Saturday? Mr. Allingham stated Mr. Dawkins was correct and the lights could be used to finish a game that was already underway. Mr. Dawkins questioned if the last game played during evening hours would start at 8:00 P.M.? Mr. Allingham stated he felt the American Legion could better explain their time lines. Mr. Dawkins stated Legion tournament play does not get started until July and August and there are 8 - 9 possible weekend tournaments. Mr. Allingham stated the American Legion did provide information that the latest a game would start would be 9-9:15 P.M., which would only allow one game to be played that needed field lights. Under the site plan review a condition could be set that no game start any later than 9-9:15 P.M. He noted there would be more tournament games (16) if Friday and Saturday evenings were counted. Mrs. Horton questioned who will serve as the lead agency for the field and would it continue to be the American Legion? Mr. Mobley stated the game schedule is a joint effort and there are three different possible teams playing for the School system while they have the field. The American Legion does not get the field until the High School or Junior High School programs are finished, approximately June 1 and they would practically never use the field at night and if they did it would only be to 6-7:00 P.M. at the most. The American Legion and Babe Ruth control the use of the field after that and work jointly together. With the City growing, they hope to have more teams. Mrs. Horton questioned, under this TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 25 of 30 proposal, will the school portion use the loudspeaker system? Mr. Mobley stated yes, if they want to use it. Mrs. Horton stated she felt it was appropriate for one agency to be the lead agency to contact in this process. If there are problems it is always easier to deal with just one agency. Mr. Mobley stated he saw no problem considering the fact American Legion is responsible for the upkeep of the field and they could be the contact point. Bill Warcup, American Legion member, stated he was involved in acquiring the field and currently American Legion has a lease on the property and are responsible for activities held on that site. Mrs. Horton questioned the spectator capacity under this proposal...will it increase or stay the same? Mr. Warcup stated the capacity probably will not exceed 1,500. Mrs. Horton questioned the present seating capacity? Mr. Warcup stated approximately 800. Mrs. Horton questioned if there will be an increase in the level of usage now verses under this proposal, and if so what percentage did he anticipate it will increase? Mr. Warcup stated they did not anticipate having any additional programs over what is currently involved. The increased use would fall into the area of having better tournaments. At the present time, they cannot hold a Legion tournament on their field because it does not meet the prescribed requirements for a tournament, such as the lack of lighting. Mrs. Horton questioned the anticipated length of playing time for the percentage of increased use of the field? Mr. Warcup stated there would one lighted game during evening hours. He has run State tournaments in different areas and generally games that start at 7:00 P.M. do require field lighting in order to finish. Mrs. Horton stated for clarification that the only increased activity on the field would be the night games and the daytime activities would stay the same. Mr. Warcup stated yes, the High School plays afternoon games and they plan to keep that schedule. There could be some instances where lights would be required to finish up a High School game. Walt Draper, Bremerton School District, stated because of the change in configuration of schools, they are now operating a Junior High and there will be a Junior High Baseball program beginning Spring of 1994. There might be some increase in usage of the field during the Spring baseball season, regardless of this enhanced construction project, because of the added Junior High program. Mrs. Horton questioned if Mr. Draper anticipated usage of the loud speaker system during the Junior High games? Mr. Draper stated he believed use of the loud speaker system would only be used in a tournament situation. Their practice season starts some time in March and runs to June 1 and some of the early season games might require use of the field lights. Mr Warcup stated he wanted TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 26 of 30 to clarify a point as to spectator seating. Baseball teams are made up of nine players on the field and a few players on the bench, which would add up to roughly 30 ball players at any game. To the best of his recollection he has probably never seen over 250-350 spectators at a game. Most of the teams playing in the Legion program are all from out-of-town (June/July schedule). In the case of school games, two home teams could play at the same time, which could mean a larger crowd because the spectators live within a reasonable traveling distance. Unless there was a real championship quality tournament, he thought 1,500 spectators figure was a large exaggeration and they don't intent to put in the expanded stands until they were needed. Also, they estimate that the most spectators viewing a game would be 400-500 people. Mrs. Horton questioned the number of bleachers planned for Phase I of the project and if that would increase the number over what is already there? Mr. Draper stated that would depend on funding available. They might add one set of bleachers that might add another 75-100 people. Bleacher improvement might come at a later date, depending on funding, and only if they saw that bleachers are needed. Mrs. Horton questioned if there is such a thing as a partial EIS? Mr. Pratt stated no, the questions being asked are more suitable for the Site Plan Review process. The SEPA documentation before Council did determine that there were impacts from the noise and lights. The question before Council is did they adequately disclose the extent of the impact and the technical application of the impacts. Once the SEPA Check List is established, he can use it to make his decision. He will then use that check list to apply conditions on the site plan. He could not engineer or design the kinds of questions Council is getting at in the SEPA process. Mrs. Horton stated it seems to her that it is like building a big road - you say today the only people using this road are a certain number of people and it would only fill up a fraction of this road. But, the road is built in anticipation that some time in the future the road will be used to its full capacity. For her, by talking about how many additional spectators may be at games and how much additional playing time, light time and loudspeaker time does have an impact on the whole process in determining how big a project it is. She felt that situation must be addressed to determine whether or not Mr. Pratt, who has the administrative authority, can control it. Mr. Pratt stated he believed Mrs. Horton's question about the bleachers was appropriate and there was one bleacher identified in the Check List that will be install, not a system of bleachers. Mrs. Horton questioned if additional bleachers are added to the site, will that request come back to Council? Mr. Pratt stated yes. In TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 27 of 30 respect to the second issue, he professionally and respectfully disagreed with Mrs. Horton that they have established that there is a noise impact from the loudspeaker and from a crowd and they have established that there is a lighting impact from lights being proposed. The question now is how often and how much do we allow those impacts to intrude on the neighborhood. To the best of their ability without requiring what they think would be an excessive amount of technical detail, they have identified the impact of light and noise on that neighborhood through the SEPA Check List and that is a mandate before him under the State Environmental Policy Act. He needs to have that information before he makes his decision. He does not believe given the standards generally applied in the City of Bremerton and generally around us, that the level of detail we would get through an EIS is necessary to make that decision. They would not receive any better information than is necessary to make the decision. Mr. Neville questioned if a baseball field situated at the bottom of a hill was the optimum place for a baseball field lighting or would it be just the opposite if there is light spillage? Mr. Wentworth explained it should be the optimum because the more angle they can get downward with the controlled source on the light fixtures the more control they have over the glare and spillover of light. If the homes could moved even higher than what they are, the direct glare source they talked about being able see, not necessarily the spill light, would even provide less of an impact. Mr. Neville stated in all actuality that site is probably the only optimum place in the City for a baseball field. Mr. Wentworth stated he was not familiar with other areas in the City, but it is a good spot for a baseball field. Mr. Colvln questioned who determined an EIS study was not required? Mr. Pratt stated the State Environmental Act requires the jurisdiction to designate a responsible official and that person in the City of Bremerton is Mr. Allingham. That official is trained in making that determination and has made that determination. Mr. Colvin questioned who owned the land at the subject site? Mr. Draper stated the property is owned by the Bremerton School District and leased to the American Legion, who operate the field and pay for maintaining the site. The School District does contribute some amount of money to the Legion each year to assist them in maintaining the field because of the High Schools use of the field. Mr. Colvin questioned if he understood correctly that anyone over 18 years of age could not use the field? Mr. Draper explained there is no legal restriction on who uses the field, but in TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 28 of 30 fact no one over 18 does use the field. Mr. Colvin questioned who set that policy. Mr. Draper stated the School District did not set such a policy. The Legion Baseball program does not afford the opportunity for anyone over 18 to participate in their program. He did not want to be misleading in that when the High School team is using the field there could be a student who might be over 18 years of age, however, that would be a rare occurrence. Mr. Colvin stated zoning on a site can be changed and if at some point in the future the zoning on the subject site is changed to something like an apartment complex it would create a more adverse impact. Mrs. Horton called for a point of order and asked Mr. Sievers if Mr. Colvin last comment was appropriate course for Council to be headed? Mr. Sievers stated no, the issue is whether or not an EIS should be issued based on the current zoning and current project, not speculating on what could happen in the future. Mr. Colvin questioned if Mr. White's light demonstration was also presented to the Planning Commission? Mr. White stated no. President Fitz stated prior to the Council meeting she asked Mr. Sievers regarding that point. Mr. Sievers stated again we need to look at Council's policy on these types of issues where the recommendation comes from the Planning Commission. The SEPA Ordinance is a little unclear, but he would say since the responsible official's decision is suppose to be given substantial weight on procedural matters, such as the threshold decision, HE found it appropriate that the Planning Commission make a recommendation to Council for its appeal. And, in those cases in other appeals procedures Council has excluded those types of demonstrations and exhibits that were not produced at the Planning Commission level, simply for the reason that Council wants that recommendation to be fully informed and not have them waste their time. He felt this kind of demonstration, actually experiencing something in the City Council Chambers, has more of an impact than looking at a photo and probably Council should not consider that input. Apart from the foundation problems that Mr. Smith raised, he tended to agree with him that not all the foundation was laid so that it would be admissible in a court of law or has a law to credibility. Mr. Colvin asked if Council could recommend that Mr. White's light demonstration be made to the Planning Commission also? Mr. Sievers stated he did not know if that was one of Council's options. In other appeals it is an option to remand back to the Planning Commission for further consideration, however, he was not sure if Council wanted to take that action on this issue. Council would have to find the demonstration to be highly creditable and have a significant impact on the Planning Commission's decision before he would waste that time. Mrs. Horton questioned if Council denied the appeal and TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 29 of 30 the Determination Of Non-significance stood, could Council piggy back onto that non-determination that we want to bring this issue back before Council for approval of the site review? Mr. Sievers stated he did not see how Council could take such action since it only comes to Council on an appeal that is filed. Mr. Pratt stated he has the authority and if it is appealed the issue will come back. Mrs. Horton stated she understood that, however, she was asking the City Attorney if Council had the latitude to ask for the right to have site review? Mr. Sievers stated no, he believed Council would have to redirect the ordinance and that would be cutting out the Planning Commission's powers to rule on the appeal first. One of your possible actions could be to remand to the responsible official of the City recommending that they address mitigating conditions be proposed before the DNS is issued. Mrs. Horton questioned such as? Mr. Sievers explained Council would need to articulate what it is they deem to be significant environmental impacts and asking the responsible official to develop mitigating conditions to reduce that to a threshold that at least in the official's mind would not be significant environmental impacts. If those were then accepted by the applicant, a DNS would be issued. He felt that was one action Council could take as well as supporting the absolute DNS or overturning it and declaring that it be significant. Mrs. Horton questioned if that would include a limitation on the hours that play could go on? Mr. Sievers stated he thought Council wanted to allow that negotiation process to take place by the responsible official. As you get a little more detailed, Council would be forming the conditions themselves and that is difficult because it has to be a negotiated and accepted to reach a point were a DNS can be issued. In defining the impacts, Council could define noise in terms of duration and frequency and suggest .some conditions may limit when those things can take place, numbers of people in attendance, etc. #2864 M/S/C(Neville/Dawkins) to uphold the Planning Commission's decision not to require an Environmental Impact Statement. Mr. Colvin questioned if the motion included allowing playing games at 12:00 P.M. at night? Mrs. Horton stated that is a possibility if the site review allows that to happen. Mr. Colvin stated he believes the neighbors do have a concern and hopefully common sense will prevail. Vote on motion: In Favor: Dawkins, Colvin, Neville, Fitz Opposed: Horton Mr. Pratt stated what was done this evening is accepting TAPE #1153 City Council Reg. Mtg. Minutes November 23, 1993 Page 30 of 30 environmental documentation on a Special Use Permit. They are now able to consider a Special Use Permit. A neighborhood meeting was held and will have another such meeting to explain what is being proposed. He will make a decision on the site plan review. Before and after that decision is made, the neighborhood will be posted, adjacent property owners will be notified thereby eliminating any perception that such a decision was made in secret without any recourse to appeal. He added, part of their reluctance to embark on negotiation during the SEPA process is because SEPA is an exceedingly poor process to have any negotiation. Conditions could be negotiated on SEPA, but they would be on extremely poor legal grounds to make them stick. If we have these discussions during the site plan review process and they become a part of that description, there is adequate legal authority, locally, to make them stick and that was why they fought hard to get a SEPA decision from Council. With no further business meeting adjourned at 8:35 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault