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HomeMy WebLinkAbout12/16/92TAPE #1078 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES DECEMBER 16, 1992 ,_.;AN 6' #0049 #0060 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, December 16, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were Lon Overson, Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Hank Waibel, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney, Ian Sievers and City Clerk, Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Councilman A1 Colvin. President Hotton announced Item 6D, Confirmation Of McKinley as Fire Chief, was pulled off the Agenda. CONSENT AGENDA A. Minutes of Meeting - November 24, 1992 #AB92-306 M/S/C/U(Waibel/Neville) to approve 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 December 16, 1992, the Council does approve for payment those vouchers included and further described as follows: 161226 through 161242 in the total amount of $142,557.26. COUNCIL MEMBER REPORTS Mr. Colvin thanked Mayor Mentor for responding to citizens from his District. Mr. Dawkins encouraged everyone to drive carefully during the snowy weather. Mr. Collins reported "its snowing". Mr. Overson stated in reference to the snowy weather, that is another reason why he enjoys living downtown. TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 2 of 22 Mrs. Hotton stated she hoped Mrs. Duffy makes a speedy recovery from her recent automobile accident. PUBLIC RECOGNITION Mayor Mentor stated he was very impressed with the display of Christmas Ships that cruised by his home this past weekend. He noted the recent rechristening of the 75-year old vessel - Caryle in Port Orchard this past weekend. BetsV Harris, Bremerton Animal Control, presented the Pet-Of- The-Week, a 8-9 week female puppy (lab mix), who was one of five puppies available for adoption. 7B - RESOLUTION NO. 2422, DRUG FREE ZONES, #AB92-311 The Bremerton School District and the Bremerton students encourage the enforcement of the "Drug Free Zone" statute - RCW 69.50.435. The statute imposes harsher penalties upon persons who deal illegal substances on school premises, in public parks and within 1000 feet of school grounds. RCW 69.50,435(e) provides that in a prosecution under this statute, maps produced by the municipal engineer depicting the locations and boundaries of these areas, shall be admissible .in court and constitute prima facie evidence of the location and boundaries of those areas, if the governing body of the municipality has adopted a resolution approving the maps. Rebecca Merle, Bremerton High School student, stated in 1989 a State law was passed that created a 1,000 foot buffer zone around all Washington State public and private schools. Adult drug dealers were made subject to an additional 24 month penalty if convicted of distributing illegal substances in these zones and plea bargaining is denied. Juveniles are subject to a penalty which would double their sentence. Public parks were added to this law later, although they do not have a 1,000 foot boundary as do schools, but are drug free zones themselves. This law does not place an additional penalty on drug users but these zones would help to decrease activity in and around schools. A Drug Free Zone City-wide program was first implemented by the Seattle Police Department Crime and Prevention Division in June of 1991, to include all 174 Seattle schools. In October of 1992, Seattle obtained over 170 convictions in drug free zone cases, averaging 4 1/2 to 6 1/2 years time. In order to make the community aware of the drug free zones, students of the Bremerton School district, in cooperation with civic leaders and law enforcement, will publicize them by distributing flyers door- to-door, making telephone calls and participating in marches. In addition, signs advertising drug free zones will be posted on the streets as constant reminders to the community that TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 3 of 22 drugs are not welcome in those areas. Tony Ferodi, Bremerton High School student, revealed a public opinion poll taken at the Bremerton HighSchool. Grades 10-12 see alcohol as the number one problem, Grade 9 chose alcohol as the second biggest problem, which makes one believe there is an alcohol problem at Bremerton High School. Tony displayed a Security Report from Bremerton High School that revealed an increase of 300% of school expulsions in the past three months. He found this to be an alarming rate. This report did not show that any drug users were caught for expulsion or any other reasons. Drug possession is on the way to breaking a record since last year and drug sales have doubled. A map showing the school areas and City park areas was displayed. He urged the City Council to approve the resolution as presented. Mr. Collins questioned the absence of the Police Chief's signature on the agenda bill. Kathleen McCluskey stated the Police Chief is on vacation and she was not sure which one of his assistants had not signed off on the Agenda Bill. President Hotton reported Chief McNeal did attend the meeting between the Bremerton School District and Seattle School. District Public comment - none. Mrs. Fitz stated she was pleased to see students from the School who are bringing this issue before the public. She was encouraged that the students themselves want a drug free zone. She approves the proposal as presented and applauds their enthusiasm. Mr. Johnson questioned if Council needed to follow up with an ordinance to make it enforceable with the Police? Ian Sievers, City Attorney, stated no, the resolution declares the official map for locating these properties and it is to simply create a presumption during prosecution. It is already an offense and would make it easier for prosecution by the filing of the map. Mr. Johnson thanked the students for coming · forward on this issue and stressed it was not only drugs that the community should work together making our community a better place to live. President Hotton reported on a meeting with State Legislators, this date, and one of the things discussed at that meeting was the possibility of expanding drug free zones to 1,000 feet around City parks. Currently, State law speaks to "in the confines of the park property itself", however, she felt TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 4 of 22 Bremerton would be well served if drug free zones could be expanded to same perimeter as school property. She urged citizens to contact their local legislators to promote such a proposal, if they so desired. Mr. Waibel questioned if the map shownwas the official map to be adopted and did it include City parks? Mayor Mentor assured Council the map he provided did include City parks as well as all Schools. #0449 M/S/C/U(Overson/Waibel) to pass unanimously Resolution No. 2422 for a Drug Free Zone. 6A - MOTION TO ADOPT THE MASTER PLAN FOR THE GOLD MOUNTAIN GOLF COURSE MAINTENANCE FACILITY, #AB92-307 On August 26, 1992, City Council approved a Professional Services Agreement with Ivary & Associates to design a new maintenance facility at Gold Mountain Golf Course. During the past three months, a survey of the construction site was completed, several site visits have occurred, and numerous meetings have taken place involving city departments and golf course staff, the Golf Course Board of Directors, and our consultant, Wayne Ivary. The result of those activities is the master plan presented tonight for council approval. Vicki Vanneman, Parks And Recreation Director, explained the presentation for this item will be handled by Wayne Ivary, of IvaryAnd Associates, who will focus on several issues: scope of the project, schedule and preliminary cost estimates. Wayne Ivaz7 stated in locating the maintenance facility they looked at the entrance part of the golf course and drew a mini-map plan of the area helping to identify any impact from the maintenance facility on future plans for expansion for the clubhouse and parking areas. By doing that, they looked at how to maximize the use of future parking areas and where the golf cart storage would be relocated. Mr. Ivary provided drawings of the following areas: (1) A grading/utility plan was developed that showed finished grades of a two building complex, the shop building, administration, fertilizer storage and equipment storage. They have located all of the utilities that serve the site and will be extending' the existing water line to the maintenance facility. (2) Site plan showing all above ground features of the project, shop, administration building, storage building, greenhouse area, fuel island, wash islands for washing down outdoor mowers, bin storage for top dressing, sand and topsoil mix, paved area, and crushed rock covered area. (3) Floor plan of the shop TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 5 of 22 building, administration area and caretakers quarters, which could be converted into administration/office space for future needs, locker rooms, dry room, lunchroom, and main shop service area. (4) Exterior elevations of the shop building, which was designed to be a low profile building with character and image that would be compatible with a golf course and clubhouse (more residential than industrial). The building is wood frame with the lower portion being masonry and wide overhangs for protection. (5) Shop building for equipment storage, fertilizer storage, pesticide storage (this sits on a sump area so that any spill will be in a controlled location). (6) Exterior elevations of the storage building. (7) Fuel Island, located between the two buildings, is built of all masonry and steel. Fuel will be stored in above ground tanks or triple wall tanks that have built in fire protection, leak protection and spill containment. Adjacent to where the vehicles will be parked and refueled there is a slab area sump, which will contain any spill that occurs during refueling. The Department Of Ecology, Environmental Protection Agency, Department Of Fisheries, etc., were consulted so that this project will comply with their regulations and codes. (8) Wash Island for mowers - because grass clippings may contain some pesticide residue from the golf course, a filtration pond has been designed to collect such contaminants. (9) Mechanical Plans - facility planned around electric heat pump system and exhaust systems. (10) Lighting and power plant for both buildings, which will use industrial fixtures. (11) Project Flow Chart showing tasks and time requirements by his firm and how they run concurrent with outside agency requirements. Mr. Ivary provided a handout showing the cost breakdown of the project amounting to $761,791.47. This figure was developed after a thorough review by members of his firm as well as a contractor. President Herton questioned the meaning of Contractor OH&P? Mr. Ivary explained that meant overhead and profit for the contractor. President Horton questioned the reasoning behind "Design Contingency" line item? Mr. Ivary stated that was included because he is doing the estimate for the project, allowing him an approximate 30% leeway. President Hortonquestioned if a Construction Contingency was built into the proposal? Mr. Ivarv stated no, due to the fact they calculated projected costs on a conservative side. President Hotton questioned if a "contingency" be included in the proposal? Mr. Ivarv emphasized the drawings will be accurate and detailed to the extent there will be no hidden costs. President Horton stated based on past experience she felt strongly that a "contingency" line item be added. Mr. Colvin pointed out if a "contingency" was included it would be TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 6 of 22 used. Mr. Ivary noted in some instances contractors do not use the same estimating books as those used by his firm. Mr. Colvin questioned if he was correct in that the facility will be sprinklered because it is required? Mr. Ivar][ stated no, they are recommending that the "shop area" be sprinklered because it is one of the more hazardous source areas; and a hydrant will be located near the facility. Because of budget constraints, there. are several things they are doing, i.e, leaving doors off unheated storage building. There will be a bid alternate to add doors and heating to that building, Mr. Overson questioned the size and capacities of the buildings? Mr. Ivary explained the shop building is 3,696 sq. ft., storage building-approximately 5,500 sq. ft. for a total of approximately 9,000 sq. ft. Mr. Dawkins noted Alternative #3 is asphalt parking and questioned if there had been a change in plans to provide graveled areas. Mr. Ivary explained graveled parking is considered to be impervious, like paving, but can become like an impervious surface and tends to get messy in the winter time. His drawing show paved area in front of the shop and from the storage building. Alternative #3 is for paving the crew parking area. Mr. Neville stated he was pleased to see environmental concerns addressed up front. He noted Mr. Ivary indicated all available land had been used in the site plan and questioned was there room for any expansion? Mr. Ivary stated yes, there is room for another single load building (approximately 4,000 sq. ft.) behind the storage building on the back roadway. Also, the shop has the capability of adding an additional 2,000 sq. ft. President Hotton questioned did that include when and if the golf course is expanded to 36-holes? Mr. Ivaz7 stated yes, the intent of the program was to design a facility that could serve 36-holes. Mr. Overson questioned if natural gas served that area? Mr. Ivaz7 stated no. Mr. Collins questioned if the storage building would be utilized to house golf carts? Mr. IvarV stated no, the golf carts will be moved from their present housing to an area nearer the clubhouse. They are recommending that a new golf cart storage area be built by dismantling and using the existing building closer to the user area. That storage area is not a part of this proposal. Mr. Collins stated he would not support the City funding construction of a storage facility for the operator's golf carts. Ms. Vanneman stated TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 7 of 22 the construction of the golf cart facility is not part of this contract and she is looking at alternative sites. She was not prepared to answer any questions as to who would fund the golf cart storage facility at this time. Public comment - none. Mr. Johnson questioned if the alternatives would stay as alternatives through the bidding process? Mr. Ivar][ states yes, they will become part of the bid documents. #1401 M/S/C/U(Dawkins/Colvin) approve the maintenance facility as presented including alternatives #1 - Hoist Rails, #2 - sprinklers @ shop, #3 - asphalt @ parking at a total cost of $775,472.00 6C - AMENDMENT NO. 2 / CONTRACT #3414, PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTONANDPARAMETRIX, #AB92- 309 The Utility, in response to the request of the residents of the west side of Kitsap Lake for wastewater service, has a requirement for professional services for the design of a wastewater system to serve that area. Attached for the City Council's consideration is Amendment No. 2 to Contract #3413 between the City of Bremerton and Parametrix, Inc. for on call engineering services. This amendment provides for further services required for the West Kitsap Lake Sewer Services. Services include preparation of DOE grant application documents, boundary survey for proposed pump station, and evaluation of the system capacity. The estimated cost of professional services is as noted below: DOE Grant Application Boundary Survey System Capacity Evaluation TOTAL $ 5,373 $ 5,045 S 1,082 $11,500 Bill McKinney, Utility Department, stated the Utility currently has a Professional Services Agreement with Parametrix. The original scope of the contract was preliminary engineering evaluations for Westhills Comprehensive Utilities Plan, chemical injection engineering report for wastewater collection system and for West Kitsap Lake Sewer Extension. The proposed amendment (#2) covers Parametrix's preparation of a grant application package for #1718 TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 8 of 22 the Department Of Ecology, boundary survey for proposed pump station and system evaluation of the capacity of the existing sewer system. President Hortonquestioned if the deadline for the grant could be met? Mr. McKinneV stated yes. Mr. Overson noted this item was brought before Operations Committee and Mr. McKinney provided good answers to a number of questions they raised. Mrs. Fits questioned if Mr. McKinney would be the person in charge of this project. Mr. McKinnev stated yes. Public comment -none. Mr. Johnson expressed concern that he recalled a January deadline had to be met for this grant application. He questioned if February was a correct date? Mr. McKinney stated yes, in January the Department of Ecology will be issuing the grant application packets and that application can be submitted early for preliminary review. President Hotton questioned the amount of the grant the City is seeking? Mr. McKinnev stated the grant amount requested is $370,000. Jack Lefcoski, 1700 KitsapLake Road NW, stated Kitsap Lake is losing the battle on pollution and growth of plant life. There are several failed septic tanks and drain fields as well as one residence only having a septic tank. He encouraged Council to approve this proposal and urged Parametrix not to miss the application deadline. He emphasized 90 residents in his neighborhood signed a petition in support of this project. M/S/C/U(Johnson/Colvin) to approve Amendment No. 2 to Contract #3413, Professional Services Agreement between the City of Bremerton and Parametrix, Inc. for the preparation of grant application documents; a boundary survey for pump station site acquisition; and evaluation of the operating capacity of the system. Councilman Russ Johnson left the meeting at 6:40 'P.M. 6B - 1993 AMBULANCE RATES -- APPROVAL FOR 911 BLS AID CALLS, #AB92-308 Pursuant to the ambulance regulatory ordinance ambulance rates charged for 911 BLS aid calls must be approved by Council. Both local companies, Olympic and Bremerton, have submitted requests for rate increases for 911 BLS calls to be effective January 1, 1993. Clerk staff has surveyed three regional #1890 TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 9 of 22 ambulance companies for comparable rates and any rate increases. All surveyed companies have raised their rates since February 1992 for BLS, ALS, and the array of products and services they provide. A1 Duke, Medical Officer, stated Paula Johnston, Business License Inspector and Auditor, provided the comparative report and was available for any questions Council might have. He noted representatives from Bremerton and Olympic Ambulances were present and available to answer questions as well. Public comment - none. Mr. Neville questioned under "Second Attendant", did an ambulance ever go out with just one attendant? Mr. Duke explained if there is an incident where there are already two attendants but a third attendant is needed then that line item would come into play. Such a situation might be moving an obese person, requiring 3-4 people to assist in moving and transporting them. Mr. Neville questioned under the item "IV Monitor" is that item only available on Bremerton and Olympic ambulances? Mr. Duke stated yes, that was correct. Mr. Overson stated the continued growth in fees are a concern and he did not know how that growth could be reversed. He questioned if there was something available to stop the increased cost? Mr. Duke stated the only way to stop such increases would be to stop and/or reduce regulation demands that come down from WISHA. Service providers are being forced to use more precautions for infection control, etc. Such regulations must be complied with because of the large fines for breach of those regulations. M/S/C/U(Overson/Fitz) to approve the proposed rate increases for 1993 based upon this survey and the relative lower costs for services offered by Olympic and Bremerton Ambulance Companies. 8A - PUBLIC HEARING: TO ACCEPT PUBLIC COMMENT ANDTHE PLANNING COMMISSION'S RECOMMENDATION FOR ADOPTION OF THE CAMPUS/ EVERGREEN NEIGHBORHOOD PLAN BYRESOLUTION NO. 2421, #AB92-313 The Campus/Evergreen Neighborhood Plan covers an area of 270 acres, bounded on the south by Eleventh Street, on the west by Naval Avenue, and on the north and east by shorelines. Within the neighborhood are Olympic College, Bremerton High School, Evergreen Park, the old Smith School neighborhood center and play field, and SmithCove. It also includes more than 1,200 dwellings. TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 10 of 22 Preparation of this neighborhood plan was funded, in part, by a Community Development Block Grant and included a number of neighborhood meetings and maximum citizen involvement opportunities. The Planning Commission, following its public hearing on November 17, has recommended City Council adoption of this Plan as part of the City's Comprehensive Plan. President Hotton announced that due to the snowy weather conditions this item will be opened with a brief presentation followed by any testimony by members in the audience and then continued for one week so that more people will have the opportunity to speak to this issue. Ron Hough, Planning Manager, stated the Campus Evergreen Plan takes a more realistic look at what might be most desirable and achievable over the next twenty years. It's emphasis is on stabilizing and improving the neighborhood while working toward the removal of its most negative influences. He noted one of the first things they did at the first general meeting of this neighborhood was to determine and rank the negative and positive influences. This plan is not a specific plan for projects but a guide to the future. Traffic patterns were reviewed due to its being a major negative influence. The main arterial going through the neighborhood bisects it into two neighborhoods, which were reviewed separately. As a part of that review, the lack of parks was identified. Mr. Hough used a view graph to show the by-pass traffic routes, Park Avenue up to 17th Street and Broadway/13th by-pass coming out on High Street and Ohio. Other potential by-passes were reviewed, however, the neighbors feel they are already impacted by traffic and wanted fewer by-passes so they looked at possible ways to reduce the number of vehicles flowing through the neighborhood and make them run more smoothly. They looked at ways to reduce impacts along the arterial at llth, intersections and recommended that certain intersections be considered for closure. He provided a view graph showing how some of those intersections might be closed...over the long termthe City might purchase additional right-of-way of the first lots along one side of llth Street and eventually convert those lots to a greenbelt, which might include a walkway/pathway/bikeway combination with pedestrian access to local streets; and perhaps a solid wall or fence to mitigate traffic noise impact. This greenbelt could be continued throughout the city along arterial streets, perhaps linking to a greenway system later on. Various streetscape concepts were reviewed to see how interior residential streets could be improved and/or to slow down TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 11 of 22 traffic on those streets. Such improvements might be traffic impediments (planter/art object) in the center of the intersection, which would cause traffic to slow down through that intersection. Such a device has been used very successfully in other communities. Another improvement would be utilizing textured crosswalks, reduced front setbacks of buildings to bring buildings a littler closer, street trees to enhance the beauty of the neighborhood and planting strips. Pedestrian separation was an important ingredient keeping pedestrians out of the traffic and making it easier for them to cross. Recommendations involving traffic and pedestrians were sent to the Traffic Safety Commission, who reviewed them and sent a lengthy response as to what they liked and did not like about the proposals. Two areas were looked at very specifically, Smith Cove and Evergreen Park. They looked at the general concept for enlarging the park to take in the City's public works yard at the corner of 14th and Park Avenue; as well as expanding the park to the south end of Smith Cove and eventually extending a greenbelt along the south shore of Smith Cove through private development requirements for public access. How development might occur was also reviewed in the south Smith Cove area, identifying a major problem area where there are some major industries that tend to conflict with housing and residential uses. They looked at ways this area could be redeveloped into a mixed use configuration...primarily office and residential with some limited retail/commercial to serve the neighborhood. That area would go south to 12th Street and over to McKenzie. Sheldon Boulevard would be reconfigured to be a primary two lane street through the center. Such a proposal, if the Plan is approved, would eventually come back before Council as a rezone proposal to expand the Parks/Schools Zone (PS) to the southern portion and to redesignate the Smith Cove redevelopment area as Mixed Use Planned Unit Development, which would require a master plan for the area before major development would occur. Such a proposal would come back after the City's Comprehensive Plan was adopted and during the implementation phase of revising the Zoning Ordinance. They reviewed Thompson Drive industrial area, which extends from 15th Street north to the shoreline, which is surrounded by low density residential. This was one area that was miss located as a residential zone. Trucks travel on residential streets going past Bremerton High School and out on Naval Avenue. One proposal is to offer an incentive that would cause this area to transition on its own...to redesignate a. portion of the industrial area to Multi-family Residential and also the west side of Thompson Drive, which is currently Single family Residential. By doing TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 12 of 22 this it would create a small multiple family zone that would face itself across the street. If the Plan is adopted, these proposals would be brought along with the City's Comprehensive Plan Amendments as they are brought to Council next year and would be integrated into the Comprehensive Plan. The Land Use Plan for the subject area reflects few changes from what currently exists, with the exception of the Thompson Drive proposal, some expansion of the High School and College campus, expansion of Evergreen Park and the PUD concept in the South Smith Cove Area. One of the things they wanted to do in the campus area was to keep parking on the south and east side of the campus so they are close to the arterial streets. They did not want traffic to filter through the residential areas to parking lots. The Transportation Circulation Plan is similar to what currently exists with the exception of some suggested closed intersections. Additional study would be needed before the City took any action to close any intersection areas. The intent of such a proposal would be to facilitate a smoother flow of traffic along an arterial street by reducing the number of local street intersections. Don Larson, 135 Rainier Avenue, stated he was strongly in favor of the proposal, especially the expansion of Evergreen Park. He hoped this plan would be approved and then expand to other areas of the City. He wanted to see more trees planted along City streets. Bill Simpson stated he resides to the west of Olympic College on 17th Street and one of the long range plans of the College is to connect 17th Street so it flows onto Warren Avenue Bridge. He was opposed to that proposal because his neighborhood is a well maintained and prideful neighborhood and such development would only split it apart. President Hotton emphasized the City's proposed plan indicates that area is closed off. She stressed the City cannot change Olympic College's plan but keeping 17th Street closed can be included in the City's plan and under State law the College is suppose to follow the City's master plan. Art Anderson 1712 Ohio Avenue, complimented Kay Wilson and Ron Hough, of the Planning Department, on their ability to really listen to the public. He enjoyed working with them and other residents in the neighborhood on this study. He referenced a recent Editorial in The Sun that stated this type of plan was TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 13 of 22 good for the community. He believed one of the most dangerous streets is Ohio due to increased traffic and its narrowness When vehicles are parked along the street. He is in favor of closing off Ohio Avenue at llth Street. He also is not in favor of making 17th Street a through street to the Warren Avenue Bridge. He believes the intersection of 13th Street and Ohio should have a four-way stop. Conhie Lindstrom, 1721 Park Avenue, questioned if it would be a problem to change the Waterfront Access Plan so that beach access at the end of Park Avenue could be eliminated? President Morton explained that would require an Amendment to the City's Shoreline Master Plan. Ms. Lindstromquestioned if there will be any environmental studies made as part of this Plan, particularly the Smith Cove development? She noted there is a sanitation problem at the end of Elizabeth Avenue, which could endanger wildlife in that area. She questioned if this situation would be taken care of through this proposal? She questioned if pedestrian access would be provided as a part of any closure of internal streets? She was not supportive of the idea of closing off Cogean Street because it 'would make it a very long block. President Hotton explained discussions on street closures related to closure of ends of streets and they would have walking and bike paths. Ms. Lindstrom noted such access is not shown in the Plan documents. Mr. Hough stated in response to Ms. Lindstrom's concerns the following is noted: (1) Cogean Street - the plan proposes that the street be closed but public access be retained for pedestrian/bike use and connecting with another street that would connect with a waterfront access system onto Evergreen Park. From 12th Street down to llth Street on Cogean it is not proposed to be closed. (2) Environmental review of projects for the South Smith Cove area - this Plan does not get into detail on environmental review because it is a long range conceptual plan. As projects come along and are being proposed then at that time an environmental review is processed on those plans/projects and if there is enough significant adverse environmental impacts he suspected an EIS would be required and/or SEPA Checklist. One of the things the Plan talks about is trying to determine the extent of environmental damage underneath Brem-Air Disposal Inc., and other properties on Smith Cove. (3) Hygiene issue at the end of Elizabeth - that situation happens all along the shoreline, not just at the Elizabeth Avenue site. Mr. Neville noted this area is in his District and he had addressed the problem to the Police Chief. Mr. Hough stated if there are any issues that Council feels are important enough to give further study, then that would be a good thing to add to the plan before adoption, which would TAPE #1078 City Council Reg. Mtg. Minutes December 16, 1992 Page 14 of 22 then trigger amending some other plan, such as the Waterfront Access Plan, etc., to incorporate those concerns. President Hotton stated she was contacted by one individual who lives on the street that goes by the Son's Of Norway Hall, about the fact they become traffic locked. The question was raised is there any way the City could look at that kind of traffic configuration? She wanted to pass that question on to Mr. Hough for him to address. #0015 M/S/C/U(Waibel/Neville) to continue this hearing for one week. TAPE #1079 8B - PUBLIC HEARING: APPEAL OF TIMBER HARVESTMDN8 (MITIGATED DETERMINATION OF NON-8IGNIFICANCE) POPE RESOURCE8 PROPERTY 80UTH OF WERNER ROAD~ APPELLANT: DEL KNAUS8, #AB92-314 Pope Resources is proposing to selectively cut timber on a 255 acre site within the City. They are required under the State Forest Practices Act to apply for a forest practices permit which is issued by the State Department of Natural Resources (DNR). This permit is a "Class IV" which will allow the conversion of land from a forest management use to an urban use, and does not require a reforestation plan. This type of permit does require environmental review. Because the site is located with the City, the DNR has determined that the City is the "Lead Agency" for compliance with the State Environmental Act (SEPA). The City issued a Mitigated Determination of Non-significance which does not require an Environmental Impact Statement (EIS) for the timber harvest operation. The conditions of mitigation are designed to protect wetlands and steep slopes on the site. However, the site is part of a recently approved Zoning Map amendment which was conditioned to require future development of the property to be approved through the Planned Unit Development (PUD) process. A MDNS was also issued for the rezone, allowing for a phased SEPA review and the requirement for a PUD. The MDNS for the Forest Practices application is being appealed based on the requirement for the PUD prior to any timber cutting. The City Council when hearing an appeal may take any of the following actions: 1. Uphold the Planning Commission decision; TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 15 of 22 2. Modify the decision in whole or part; 3. Overturn the decision and issue a Determination of Significance (DS) requiring an EIS; or 4. Remand the matter back to the Planning Commission for further consideration. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Jack Allingham, Current Planning, noted this is an Appeal of a Mitigated Determination Of Non-significance and the appellant is Del Knauss with the proponent of the project being Pope Resources. The proposal is to selectively cut timber on a 255 acre site within the City. The subject area is located west of Union Avenue and South of Werner Road and contains property that was recently traded to Pope Resources by the City for some Utility lands for the Utility's watershed. The property is located in portions of Section 21, 28, 29, Township 24N Range 1E. At the time the City traded the property to Pope Resources, the City rezoned the property from Forest Management to a mixture of 70% Single Family (2), 20% Multi-family and 10% Industrial Park. The rezone was conditioned to have a Phased SEPA review. During the rezone, in order to comply with the State Environmental Policy Act, a Mitigated Determinations Of Non-significance was issued on April 25, 1990. That document stated that at the time of a PUD submittal stormwater impacts, transportation impacts, emergency service impacts and impacts to parks and schools will be required. Pope Resources is coming into remove the timber off the property and there is no PUD application under review by the City at this time. Essentially, Pope Resources intends to selectively remove timber from specified areas. On September 23, 1992, another Mitigated Determination Of Non-significance was issued for the clearing operation that is to occur, which included three conditions of mitigation: (1) only 30% of the timber on slopes grater than 40% could be removed; (2) identification of 50 foot setbacks as wetland buffers from wetlands and streams on the site; (3) that all the conditions of the previous Mitigation Determination Of Non-significance from 1990, still remain in effect and be supplied at the time of a PUD submittal. This application is being appealed basically on the City's allowing cutting of timber prior to a PUD submittal. Staff believes there is adequate protection for the critical areas, wetlands and streams on the site, and steep slopes and that TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 16 of 22 timber can be selectively removed from portions of this site and still leave enough areas timber forested and vegetated to get a quality Planned Unit Development in the future. Del Knauss, Olympic Avenue, stated his appeal is based on the SEPA and PUD. Under the SEPA guidelines, the issues of transportation, impact to schools, key ingress and egresses, location of high and low residential industrial areas all need to be addressed. He pointed out the City's sports complex is to be sited in the general area and any impact of that facility onto the residential areas should be addressed at this point. Under the City's own SEPA guidelines, we are suppose to have these guarantees. Under the PUD process, the City should at least see a conceptual plan so that Council and citizens have some input on how much peripheral buffer around the property and what kind of buffer will be between the high ;density residential, lower density and industrial park. An important issue to him is how much buffer will there be between the subject property and City's sports complex. The subject area is the last piece of prime land to develop within the City and it needs to be done right and that all the citizens are satisfied with the streets, schools, transportation, sewers, etc. He felt it was very important that open space issues be addressed at this time. He stressed the need for a conceptual plan prior to the site being logged. Don Pratt, Director Of Community Development, stated the process before Council is that Jack Allingham's decision has been appealed. He was speaking on behalf of the decision that was made and rebut some of the issues that were brought up by Mr. Knauss. Firstly, what they have done with the SEPA process is fairly complex. Under a Mitigated Declaration Of Non-significance, they strive to address all of the environmental issues without doing an EIS on a number of projects. The way they are able to avoid the EIS process is to require additional significant amount of additional information to greater levels within very narrow elements of the environmental impacts that need to be measured. For example, they requested significantly more information on stormwater, transportation and schools before a PUD is submitted. If they were to just ask for an EIS up front, approximately 27 different elements of the environment would have to be addressed (all to an equal level of standard). He believes that is "over blowing" it and that there are 4-5 key elements that need to be addressed and if they are adequately addressed within the SEPA Checklist and documentation, he saw no need to go to an EIS. For that reason, they did a Mitigated Declaration Of Non-significance early on which said: "we want specific elements of the environment addressed as we TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 17 of 22 go on". Secondly, if they had asked for and developed an EIS at the time of rezone, the City would not know as much about that property as we do today. As we move onto the property and logging takes place, we are able to provide for our own information analysis of what is actually happening. Because of the size of the subject property, it is not possible to identify what is on that property to the same detail as that on a one acre site. Whether or not there will be adequate schools and roads and whether or not a site plan identifies how many units is kind of a give-and-take situation. There are some items the developer is waiting to hear from the Planning Department...what our transportation planning is doing so that the internal circulation plan can match our external plan. There are some things the Planning staff are waiting on to hear from the developer as to where roads will be developed. He believed a site plan at this point would only hamper discussion as to how City needs could fit into the developer's plan for that site. Lastly, their decision to allow the project description, which is in the SEPA document, we think adequately allows a lot of timber to remain on the property. The only areas where there could be potential clear cuts are identified. As a result of this appeal, there has been some additional work and the developer will probably testify that even within those clear cut areas not all the trees will be removed. Marketable timber are tall fir trees, and unfortunately when there is a mature fir forest you don't get under-story growth because the canopy is so dense. In other parts of the property there are mixed species of trees and many of those will be left standing. He believes the appeal has forced them to look at and identify those trees so we may be able totell you as a result of this discussion and maybe lock in the SEPA or Permit process where some of those areas are where there will be resulting timber even in a timber operation area. On the basis of those issues, he defended the SEPA determination of a Mitigated DNS. They have not issued the PUD's yet, which is a whole other process. Neighborhood plans must occur later before a PUD can be approved, requiring that neighborhoods be involved and public hearings held. If this develop has not left enough trees on the subject site to make the City happy with a PUD element, there is the option to vote no. The City made no guarantee, at the time the property was sold, to approve what the developer presents under the PUD process. David Cunningham, Vice President Of Land Use for Pope Resources, explained Pope Resources is not a part of Pope & Talbot that has been in operations in Kitsap County for 130 years. He noted Pope Resources came from Pope & Talbot but their mission is tree farming and real estate development. TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 18 of 22 He introduced Linda Mueller, Landscape Architect, and Vaughn Webb, Forester, who are assisting Pope Resources on this project and would be available to answer questions. A 255 parcel of property is considered "small" compared to what they usually develop, however, they understand the magnitude of it within the City limits and Council's concern over how the timber is harvested and developed in the future. This project began with a critical City decision, several years ago, when the Federal Government gave the City the choice between building a very expensive water treatment plant or gaining control over the City's watershed. At that time, the City chose to negotiate the purchase of several parcels of property in order to gain control of the watershed. The property traded with Pope Resources was based on two factors, the value in the land and value in the timber. As Mr. Allingham pointed out, when the trade occurred a rezone and Comprehensive Plan Amendment occurred as well as the first stages of the SEPA. Now it comes time to harvest the timber in order to liquidate some of the timber value and it is their intention to take approximately 90% of value from the million dollar value that was part of that trade. One of their goals is to recover part of the timber value and to set the landscape stage for what is going to be a fairly large residential development project. At the time they are doing this, they want to respect as best they can the buffer and landscape standards of the City's Zoning Ordinance so that when the PUD is brought forward they have not taken away and preempted those opportunities. The final thing they would like to do is meet the City's critical area standards that are coming through growth management, even though the City has not adopted those standards at this point. This timber cutting is a Class 4 conversion forest practice, which means the City will have the opportunity to comment to the State. If it was a forest practice where they intended only to cut the trees, replant the area and continue it in forest management, the City would not have that opportunity. They know it is consistent with the property change agreement with the City and they are confident it meets the City's environmental standards. Councilman Waibel left the Council Chambers at 7:45 P.M. Mr. Cunningham presented a series of slides showing the current site (forested), surrounding areas and types of clear cutting and thinning of forest lands in other areas and other developments, as well as forest recovery through planting. He emphasized the timber cutting project would be a mixture of clear cutting in some places, no logging in others and TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 19 of 22 selective thinning in others. Vau~hn Webb explained the type of equipment used to clear cut and thin forest lands and how it makes it easier to protect those trees that are to remain. Mr. Overson questioned if the real issue was the fact that Pope Resources should have to submit a PUD before they cut the timber? Mr. Cunninghe stated he understood the issue to be whether a phased review was appropriate or not. The Planning Staff decided that it was, has dealt with the second stage of phased review, which is the mitigated DNS on the harvest portion and is proposing the third change of SEPA phase review at the time the PUD is submitted. President Hotton stressed the issue was whether or not the property owner had to submit a full blown EIS at this point in their development plan. Mr. Overson questioned if the EIS portion was part of the PUD process? President Hotton stated this proposal allows for a phased environmental review rather than a full EIS up front before they cut any timber. Mr. Overson pointed out Mr. Knauss believes Pope Resources already knows what they will be developing in the PUD and he is concerned Council will be "waltzed" down the garden path believing it will be another "Port Ludlow" when it isn't. Mr. Cunninghamstated Mr. Knauss was incorrect...they do not have a plan for their development at this time. In most instances, timber harvesting is done prior to developing a land plan. At this point, they have just had a market study done to determine the size, price and perhaps number of units that should be placed on that property. President Hotton stated it made sense to her that Pope Resources did not know at this point without getting onto the land and see the topography, wetlands, etc. Mr. Overson stated he disagreed on that point based on information from people who have developed such properties he believes otherwise. President Horton stated she believed the goal is to come up with a quality development that addresses transportation, school, infrastructures, buffers and open spaces. She questioned if the phased mitigation do the things to accomplish that goal? Mr. Pratt states yes. The issue at this time is whether or not the City has required enough adequate environmental information to allow the Declaration Of Non-Significance stand. If they have not done as Council wished, then that opinion can be reversed, which is saying it is significant project which requires EIS now wherein they go into a site plan review adequate to do a full EIS. The likelihood is that Pope Resources would alter their timber harvesting plan, withdrawing their transition statement, which would then bar them from developing that site for six years and the City would not see the environmental process. The real issue is does the. City have enough environmental impact information to allow the property owner to go to the next TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 20 of 22 step, which is timber harvest. President Horton stated in order to give a yes answer, we need assurance that at some point in time we will have a quality development with proper transportation elements, infrastructure, schools and proper buffering and open spaces. Mr. Pratt stated the zoning given by the City Council three years ago mandated a PUD be the only method of development. If they choose not to use a PUD, which includes neighborhood plans, site plan review, etc., they have to come before the City Council with a rezone to get out of it. Otherwise, they must provide a site plan through the neighborhood process, Planning Commission and City Council. If, at that time, Council does not like the proposal a "no" vote can be given. Mr. Colvin questioned what would happen if all they wanted to do was to cut the trees? Mr. Pratt stated if Pope Resources had no intention of developing this property, they would submit a Timber Harvesting Plan through the Department Of Natural Resources (DNR), who would then be the lead agency. He believed the DNR would circulate that notice to the City and the City could comment on it, but the decision on whether or not more information was needed would not be the City's. President Hortonquestioned under that scenario could they go in an clear cut and then reforest? Mr. Pratt stated they could clear cu~ the site if approved by DNR and they would be required to reforest and barred from development for six years. Jack Lefcoski, 1700 Kitsap Lake Rd. NW, reported that during a break in the Council meeting he asked the question if this was watershed into Kitsap Lake because he was concerned about the possibility of construction depositing mud in the lake? He was told no, it would drain off into Sinclair Inlet watershed. Mr. Knauss stated he wanted to make it clear to Council he was not saying Pope did not have the right to log, but under the PUD process there are certain requirements that must be met. In his opinion, Pope Resources is not meeting those requirements. He stressed once the property is logged, choices will be taken away. Mr. Overson pointed out this was a difficult situation and he was getting the same cold uncomfortable feeling that occurred when another development was presented. Mr. Dawkins stated he was familiar with the Port Ludlow development and questioned if a similar type development was proposed for this site in 3-5 years would they have the right #1755 #1802 TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 21 of 22 to do that? Mr. Pratt stated yes, but they would be required to submit it through a PUD. Even if they wanted to do a "grid" system they would be required to disclose their site plan through the PUD process. President Hotton noted at the time of site plan review if Council deemed too much had been logged off they could be required to replant. Mr. Pratt stated the City will also have another SEPA decision to make following submittal of additional environmental information on stormwater, roads, schools and public services. Pope Resources will need to do significant studies on what those environmental impacts are in order to continue to retain their Environmental Determination Of Non-significance, which will be appealable at that time. Mr. Dawkins stated he believed the City would be happy if a project of Port Ludlow's quality was built on that site. Mr. Pratt stressed some of the things done at Port Ludlow are not appropriate for City systems, however, he expects the quality and planning to be as high. Mrs. Fitz stated she could not see how on a property this large they would know where to site houses and industrial areas until some of the timber is removed. M/S/C(Dawkins/Fitz) decision. to uphold the Planning Commission Vote On Motion: In Favor: Neville, Fitz, Horton, Collins, Dawkins, Johnson Abstain: Colvin, Overson 7C - ORDINANCE NO. 4398 (SECOND READING) ADOPTING THE ClTY'S 1993 BUDGET, #AB92-304 The proposed ordinance will adopt the Mayor's 1993 Budget as amended by the City Council. Passage of a budget ordinance is required by RCW 35.33.075. Public comment - none. M/S/C/(Fitz/Dawkins) to pass Ordinance No. 4398 on second reading, approving and adopting the financial budget for the several funds of the City of Bremerton for the fiscal year 1993, and appropriating the amounts set forth in each budget to each fund in accordance with RCW 35.33.075. Vote on Motion: In Favor: Opposed: Overson, Neville, Fitz, Waibel, Horton, Dawkins Colvin Collins 7A - RESOLUTION NO. 2420 CANCELING CITY WARRANTS OVER ONE YEAR #1878 #1927 TAPE #1079 City Council Reg. Mtg. Minutes December 16, 1992 Page 22 of 22 OLD, #AB92-310 The attached resolution is necessary in order to properly cancel claims warrants which have been issued and outstanding in excess of one year. This action is required by RCW 39.56,040. Rich Hanna, City Treasurer, pointed out all of the warrants are in excess of being a year old and this is simply a housekeeping measure to comply with the State Statute. When the warrants are voided, the funds in minor amounts will be returned to the separate funds of the City that issued the warrants and the instruments are voided at that time. Public comment -none. M/S/C/U(Dawkins/Colvin) motion to pass Resolution No. 2420, canceling outstanding claims warrants over one year old. 7D - ORDINANCE (FIRST READING) AMENDING THE 1992 BUDGET, #AB92-312 Actions taken by the City since the last amendment of the 1992 budget require certain corrections in order that the budget continues to accurately reflect the financial operating plan of the City. Rich Hanna, City Treasurer, stated all of the amendments to the budget, which are included in this ordinance with the single exception which distributes salary dollars, have already been before Council as separate Agenda items and were all approved. Public comment - none. M/S/C/U(Dawkins/Overson) motion to approve Ordinance, on first reading, amending the City's 1992 budget. With no further business meeting adjourned at 8:22 P.M. / KATHLEEN L. M ity Clerk ~OR~ON, Council President City of Bremerton KLM/LH/eh cc: Normal Distribution' File/Vault