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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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;
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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
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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
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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.
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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
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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
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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
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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
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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
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