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HomeMy WebLinkAbout02/03/88TAPE #516 #0044 CITY COUNCIL MEETING MINUTES FEBRUARY 3, 1988 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, February 3, 1988 at 5:30 p.m. with Council President Hank Waibel presiding. Council members present were Spencer Homing, Mottie Dawkins, Shirley Marry Crutcher, C. R. "Tiny" Collins, Lon Overson, A1Colvin and Lynn Hotton. Councilman Russ Johnson was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Hank Waibel and Invocation was given by Reverend Talmadge Wilson of the Charleston Baptist Church. CONSENT AGENDA A. Minutes of Meeting Held January 27, 1988, #AB88-026 M/S/C/U(0verson/Crutcher ) to approve Consent Agenda as presented. #0062 CLAIMS/WARRANTS REGISTER 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 which has been made available to the Council. :.. M/S/O/U(Colvin/Dawkins) on February 3, 1988 the Council does approve for payment those voucher~ included and further described as follows: Warrant Nos. 34108 through 34154 in the total amount of S127,051.47 and Retirees Payroll in the amount of $48,418.12. COUNCIL MEMBER REPORT Mr. Crutcher reported on the Public Services Committee meeting where Chief Coney announced he was able to obtain 11 Police vehicles for the cost of 10 vehicles. Mrs. Horton artended the Newly Elected Officials Conference sponsored by AWC on January 29th and found it to be very beneficial. Also, on Monday, February 1, she participated in the group that make the bid presentation for the 1989 Centennial Games. Mr. Horninq reported on the PSCOG Sub-Regional Meeting held Wednesday,. noting that Kitsap Transit announced that .they will hold a kick off for the building campaign for their new facility on February 11 at 2:00 PM - everyone is invited. The proposed new facility should brighten up a blighted area bringing new life to that area. A report was given from CenCom which included several E-911 success stories of lives saved because of the new capabilities through the E- 911 system. The Board of Health conducted a cholestrial level check and everyone from Bremerton is alive and functioning. Utilization of Fust funding was discussed and a decision was made to delay spending for one year - input will be requested later this year for projects to be funded from these funds. Kitsap Futures, which was passed by the County Commissioners into existence about three weeks ago, was TAPE #516 City Council Reg. Mtg. Minutes February ,3, lg88 Page 2 of 13 endorsed by the Sub-Regional Council and future nominations for committee make up or those interested will be solicited. Kitsap Futures is similar to the King 2000 Study. Mr. Colvin announced that the City Treasurer has agreed to provide quarterly financial reports due on the fourth Tuesday of February, April, July and October. Also, the Treasurer will provide a copy of the Budget Adjustment Requests which will be attached to the Fiscal and Budget Committee minutes. Mr. Colvin announced he would be making a presentation on Black Histor? at the Naval Hospital on Thursday. Also, the Bremerton Central Lions Club Radiothon is scheduled for February 12 and 13 and Council President Waibel has agreed to a personal interview as a part of the program - be sure and listen at 11:00 AM on February Mr. Waibel announced that Kitsap Transit will hold a meeting to acquaint elected officials with their organization which is to be held February 29' at the Silverdale Hotel - dinner will be provided; and the Health Department will provide a low cholesterol dinner, at a date to be announced later, to acquaint elected officials with their function. In regard to the Fust funds, they were put off due to the fact there are not sufficient funds to go around to complete any of the- projects in mind and by waiting a year additional funds would be available to cover completion of selected projects. Also, the Sub-Regional is also establishing the method for handing the ranking of watersheds, which is required by WAC Code, and that will involve establishing a committee including .volunteers from the community and nomine.e~ will be sought to serve on that committee. Mr. Waibel participated in the group delivering the bid proposal for the 1989 Centennial Games and believed Bremerton's presentation was on of the top received. 6A - STATE OF THE CITY REPORT 1987 YEAR END REPORT - YAYOR LOBE, #AB88-027 Mayor Gene Lobe presented the last quarter and yearly reports covering what each Department has accomplished during 1987. Mayor Lobe stated that he perceived "1988 as the year of the turn around" and looked forward to new and exciting things happening in the City. The Mayor highlighted some of the 1987 activities accomplished by each Department and stated how proud he was of the accomplishment by his staff and expressed personal thanks to his secretary, Elaine Valencia, for her assistance and support. The 1987 Year End Report is on file in the City Clerk's office and available for public viewing. 6B -APPOINTMENT TO BREMERTON HOUSING AUTHORITY - ARTHUR N. MOREEN JR., #AB88-028 There is currently one vacancy on the Bremerton Housing Authority Board. Mayor Lobe recommends this vacancy be filled by Arthur N. Morken, Jr. Mayor Gene Lobe stated that Arthur N. Mork~n, Jr., had given a tremendous amount of service to the community and urged the Council to confirm his appointment to the Bremerton Housing Authority Board. Mr. Collins questioned if Mr. Motken lived within the City. Mayor Lobe explained he resided just outside the City limits. TAPE #516 City Council Rag. Mtg. Minutes February. 3, 1988 Page 3 of 13 #1372 #1494 M/S/C/U(Dawkins/Crutcher) to confirm the appointment of Arthur N. Morken, Jr., to the Bremerton Housing Authority Board. 6C - CONTRACT BETWEEN KITSAP COUNTY (CENCOM) AND THE CITY OF BREMERTON FOR INSTALLATION AND MAINTENANCE OF EMERGENCY COB~/UNICATIONS EQUIPMENT, #AB88-029 CenCom desires to contract with the City for installation, maintenance and repair of their emergency communications equipment. Under this contract Bremerton will provide technical support, installation services, electrical repairs, inspection and testing, preventative maintenance and assistance as requested by the Director of CenCom. The City, under this contract furnishes the equivalent of one (1) full time technician and all necessary support equipment for which CenCom will pay $60,000 in 12 equal monthly payments. Dave Baker, City Engineer, stated the contract is basically the same as previous years except for the increase in cost due to increase in costs to the City. M/S/C/U(Crutcher/Collins) to authorize the Mayor to enter into the contract between Kitsap County (CenCom) and the City for installation and maintenance of emergency communications equipments- 6D - TEMPORARY EMPLOYEE CONTRACT - CABLE ACCESS COORDINATOR - JIN BRONTOL~, #AB88-030 During the budget process"the Council authorized a budget of $38,195 for Cable T.V. and directed that a portion of that amount be used for staffing. Jim Brontoli is the existing Cable Access Coordinator for T.C.I., Inc., Mr. Crocker, Manager of T.C.I. has agreed to the City funding a portion of Mr. Brontoli's salary, $4,730, to be used exclusively for governmental access purposes. T.C.I. funds the remainder of his salary as the Public Access Coordinator for the entire program. The contract provides the scope of duties in the governmental access area. This is a one year contract beginning 1/i/88 and terminating 12/31/88. The City also allocated funds for a part-time Assistant Coordinator in the amount of 86,864. Interviews have been scheduled for February 4. This person will work under the direction of Mr. Brontoli in the area of governmental cable access Kathleen McCluskeV, City Clerk/Director of Administrative Services, stated that the $4,700 allocation includes taxes - base salary is $4,400 and remainder is City's share of taxes. Ms. McCluskeV pointed out that this action will initiate a public/private partnership and is a small step but in the right direction. Ms. McCluskeV stated she had already worked with Mr. Brontoli over the past few months and had no doubt his service will be very good. Mr. Crutcher stated Mr. Brontoli is very devoted to the cable access program and that it would be very difficult to pay him for the many hours he has given to this. program. Mr. Colvin stated that he.h~d not supported going into cable televising of Council meetings, however, Mr. Brontoli is doing a very good 3ob and he would favorably support approving Mr. Brontoli's contract. TAPE #516 City Council Reg. Mtg. Minutes February 3, 1988 Page 4 of 13 #1661 M/S/C/U(Crutcher/Collins) to approve the Temporary Employment Contract between Jim Brontoli, as governmental access coordinator, and the City of Bremerton for a period of one year beginning 1/1/'88 to 12/31/88. #1846 6E(a) - PROFESSIONAL SERVICES AGREEMENT - SCOTT WETZEL SERVICES, INC., #AB88-031 In December, 1987, the City called for proposals to provide claims management services required by our insurance/self- insurance program. Seven proposals were received and screened by panels consisting of Frank Hagerty, President of Hayward Insurance, Ian Sievers, City Attorney and Peggy Lesser, Risk Manager. Three firms were interviewed by that same panel With the resultant recommendation to use Scott Wetzel Services for administration of Worker's Compensation claims and Moore ~ Mullin for handling property and liability claims. This combination provides the lowest cost to the City and allows us to use well qualified claims managers. The contract proposed for Scott Wetzel'Services contains a fee of at least $6,000. This may be adjusted upward next February based on the actual number of claims received. The adjustment rate is based on $285/indemnity claim and $65 per medical only claim. Peggy Lesser, Risk Manager, was available for Council members questions. Kathleen McCluskey, 'City Clerk/Director Of Administrative Services, stated that there is a $7,000 savings over 1987 costs . M/S/C/U(Horning/Colvin) to approve the Professional Services Agreement with Scott Wetzel Services, contingent upon - the approval of the Professional Services Agreement with Moore & Mullin, Inc. 6E(b) - PROFESSIONAL SERVICES AGREEMENT - MOORE & MULLIN, INC,, #AB88-031 As a result of a selection process for claims administrators, the interview panel recommended awarding the City's one year contract for property and liability claims administration to Moore & Mullin, Inc., for a fixed fee of $9,200. The City has previously utilized the services of this firm and has been consistently pleased with the quality of service provided. #1867 M/S/C/U(Collins/Dawkins) to approve the Professional Services Agreement with Moore a Mullin, Inc., with such approval contingent upon the approval of the previously submitted contract with Scott Wetzel Services. 6F - PURCHASE OF PROPERTY - WASTEWATER FACILITY, #AB88-032 The City Wastewater Utility intends to purchase the property as described. The City has reached an agreement with the owners in lieu of condemnation. As shown by the map, this parcel will square off the Utility site and most importantly provide a buffer zone for adjacent properties. .The appraisal indicated $36,000 was an appropriate price based upon market comparables. However, upon viewing the site it appears the house is extremely deteriorated and possibly not usable even as an interim rental. Therefore, the City's offer of $33,795 based upon deterioration of the house was accepted by the owners. TAPE #516 City Council Reg. Mtg. Minutes February 3, 1988 Page 5 of 13 #2064 Bill DuffV, Utilities Director, stated that an earlier attempt had been made to purchase the property as it borders the Wastewater Facility's border, however, the owner was not ready to sell at that time. Mr. Overson questioned if this was the start of a t~end to purchase properties in a close proximity to the facility? Mr. DuffV stated no, the property in question allows the Wastewater Facility to square up property lines and provide a buffer for other residences. Additional buffering will be provided by planting trees to help screen the area. President Waibel questioned if the sales price included real estate t~f~Ms. McCluskeV, City Clerk, stated that the sale was being.handled in-house and that there would be no real estate M/S/C/U(Dawkins/Colvin) to approve purchase of property at 1329 Bayview Drive for $33,795. 8A - PUBLIC HEARING - AMENDMENT TO 1988-1993 TRANSPORTATION IMPROVEMENT PROGRAM - RESOLUTION #2201, #AB88-034 Engineering has applied for and received approval of FASP Hazard Elimination Grant Funds for replacing the traffic controller at Burwell and Montgomery and to add a sidewalk with railing on the west side of Shore Drive between East 10th Street and East 11th Street. The Shore Drive project was not included on the 1988-1993 Six-Year Transportation Program so it must be added before the grant money can be obtained. ~. Projects 33 through 35 have recently been identified as problems that may need attention this year and rather than do another amendment at a later date we would like to add them at this time. Dave Baker, City Engineer, stated that application had been made for Safety funds, which were granted, and in order to use the funds it is necessary to add the projects to the Six Year Plan. Mr. Dawkins questioned why the traffic controller was being replaced at Burwell and Montgomery? Mr. Baker explained the current controller is an older type - 4 phase, and in order to upgrade and coordinate with other intersections an 8-phase controller is needed. $2225 M/S/C/U(Collins/Dawkins) to approve Resolution #2201, amending the 1988-1993 Six-Year Transportation Program. 8B - PUBLIC HEARING'- RESOLUTION #2203 - REQUEST FOR COMPREHENSIVE PLAN DESIGNATION CHANGE FROM "RESIDENTIAL, 15- 30 DU/AC" TO "COMMERCIAL" IN AREA NORTHWEST OF BURWELL/WARREN INTERSECTION (FILE CPA-5-8?) APPLICANT: DEJONG & SCHROEDER FOR JOEL DIAMOND, The applicant (Diamond Parking, Inc.) owns approximately S6 percent of the property within the subject block and a half area and has requested that this area be included in the "Commercial" designation on the City's Comprehensive Plan, followed by appropriate commercial zoning. Currently, the area consists primarily of commercial parking lots and older residential ~e-e are 92 dwel~ing units The half block TAPE #516 City Council Rag. Mtg. Minutes February 3, 1988 Page 6 of 13 #2968 on the south side of' Burwell Street was also considered and included in the Commission's recommendation. The City Council may sustain, overturn or modify the. Planning Commission's recommendation. If approved, a resolution amending the Comprehensive Plan will be provided for approval. The Planning Commission, at its December 15, 1987 meeting, recommended unanimously that this requested amendment to "Commercial" be approved for the subject area and the block on the south side of Burwell Street, as shown on the first page of the staff report. President Waibel asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron Hough, Planner, briefly described the boundaries of the proposed change - Burwell on south side, Warren Avenue on the east, Chester on the west and the alley midway between between 4th and 5th on the north. In addition to these areas, 'the block to the south was considered and included. The applicant requested that the boundary be established along Chester and felt that there was an unwritten policy to do just that - staff recommends that it be included and that Chester be designated as- a boundary line with a "Commercial" designation. Mr. Hough made a slide presentation showing ~surrounding residential areas, commercial sites'etc; Neighborhood changes was the primary factor in the Planning Commission'~ unanimous decision to recommend the "Commercial" desigra,tion. Also, at the intersection of Burwell a~d Warren two major highways merge which makes it ideal for Commerc:al activities. Noise levels, traffic and other factors would tend to discourage residential use. The general area could accommodate both types of commercial or office uses - types of uses that would be allowed would depend on what it would be zoned eventually. Multiple family residential, development could also be incorporated into some sort of commercial development in the future. Also residential, mixed with commercial is something the Comprehensive Plan is encouraging to get more people to live and work in the downtown area. Mr. Collins noted that this item had not been before the Council Public Services Committee. Mrs. Horton expressed concern over a large number of residences in this general area currently using front yards for parking vehicles and that the City should take steps to correct this situation. M/S/C/U(Overson/Horning) upon consideration of the Planning Commission's recommendation, the review and conclusions presented by staff, written and verbal testimony, and the best interests of the neighborhood and community, do approve Resolution #2203 amending the Comprehensive Plan to "Commercial" within the area bounded by War~en Avenue on the east, PSNS on the south, Chester Avenue on the west and the alley midway between Fourth an Fifth on the north. 8C - PUBLIC HEARING - APPEAL OF SEPA DETEEMINATION OF NON- SIGNIFICANT (DNS) FOR SPECIAL USE PEEMIT (SPU) APPLICATION FOR A DAY CARE CENTER, #AB88-036 TAPE #516 City Council Reg. Mtg. Minutes Page 7 of 13 Appeal of Responsible Official's Determination of Non- significance (DNS) for a Special Use Permit (SUP) application to construct a days care facility in an R-1 Residential Zoned area on the south side of East 33rd Street. Citizens in the area filed an appeal under SEPA procedures to have the Responsible Officials (Don Pratt) determination overturned. This requires a public hearing before the Legislative body. .o- President Waibel asked the "Appearance of Fairness/Conflict Of Interest" question with all Council members being seated. Kathleen McCluskeV, City Clerk, recited the Swearing In Oath to the following individuals: Susan Matan, Steven Gregory, Pamela George, Scott Wallace, Agnes Lervik, Petra Harris, Sandra L.. Carlson, Arlene Falley, Richard Falley, Paul Beliveau, Grace Beliveau, Bernie 'Evenson, Lawrence. Rieger, Elizabeth B. Rieger, Mae McConell, Cecil McConnell, Sanuel A. Green, Bonnie J. Green, E.L. Sturdivant, Judy L. Gilyeat, Bernard N. Curlay, Bonnie Taylor, John Taylor and'Alan Fry and Ed Davis Planning Department, Don Pratt, Planning Director. Ed Davis, Planner, briefly identified the various forms included the Council packet, Application For Appeal, Determination of Non-significance, SEPA Checklist , SEPA State Statute Appeal Procedure and a page of Ord. ~3934 - SEPA. After a review of the SEPA Checklist it was determined that it was not of significant .impact that an Environmental Impact Statement be prepared and that is the reason that it was also~ signed off as a DNS. Mr. Davis posed the question "what=!~s a significant impact" and cited WAC 197-11-794. Mr. Davis presented for viewing "Criteria For What Is An Impact Significance per WAC 1987- 11-330 - Threshold Determination Process, Section (3): In determining an impact's significance (198-11-794), the responsible official shall take into account the following that: (a) The same proposal may have a significant adverse impact in none location but not in another location; v'(b) The absolute quantitative effects of a proposal are also important, and may result in a significant adverse impact regardless of the nature of the existing environment; v (c) Several marginal impacts when considered together may 'result in a significant adverse impact. (d) For some proposals, it may be impossible to forecast the environmental impacts with precision, often because some variable cannot be predicted or values cannot be quantified. (e) A proposal may to a significant degree: (1) Adversely affect environmentally sensitive or special areas, such as loss or destruction of historic, scientific, and cultural resources, parks, prime farmlands, wetlands, wild and scenic rivers, or wilderness; (2) Adverse affect endangered or threatened species of their habitat; ; (3) Conflict with local, state or federal laws or requirements for the protection of the environment; and TAPE #516 City Council Reg. Mtg. Minutes February 3, 1988 Page 8 of 13 (4) Establish a precedent for future actions with significant effects, involves unique and unknown risks to the environment, or may affect public health or safety. (4) If after following 197-11-080 and 197-11-335, the lead agency responsibly believes that a proposal may have a significant adverse impact, an EIS is required. (5) A threshold determination shall not balance whether the beneficial aspects of a proposal outweigh its adverse impacts, but rather, shall consider whether a proposal has any problem significant adverse environmental impacts under the rules stated in this section. For example, proposals designed to improve the environment, such as, sewage treatment plans or pollution control requirements, may also have significant adverse environmental impacts. APE #517 E.L. Sturdivant, 3231Halverson, gave a slide presentation and provided a picture board which showed current traffic congestion on the streets closest to the proposed daycare center/Kitsap Regional Library/TCI Cable Television/Puget Power/ View Ridge School/surrounding neighborhoods. Mr. Sturdivant stated that 45 property owners had signed a petition requesting the Appeals Hearing. He noted that they were not against- daycare centers but against the environmental impacts it would have on traffic, natural habitat for birds and game, encroachment of business into residential neighborhood.~ Mr. Sturdivant pointed out that the application used 1978 City Traffic Count data and he cited a number of Traffic Counts which were taken by residents of the area in various locations, at various times .... showing the volume of current traffic on surrounding streets. As stated in the application, the proposed daycare could generate between 1~0-130 pickups per day which would add to an already traffic burdened area. Mr. Sturdivant pointed out that on the issue of using a "portable classroom structure" would be in violation of City zoning and if placed on a permanent foundation would be considered by the surrounding neighbors as an "undesirable" structure. Disturbing the natural habitat due to clearing and construction on the proposed site would disturb quail, pheasants, variety of birds, etc. Also, the City's has supported, through the Comprehensive Plan, keeping open spaces and parks and the proposed daycare would do away with portions of "open space" type property. Mr. Sturdivant raised the question of water run off onto the View Ridge School property and the need, if the daycare was approved, tO require adequate drainage so as to not damage other properties below the proposed site. Lastly, the citizens are gravely 'concerned with the business creep, overloading of streets with traffic and noise levels increasing. The following individuals spoke in opposition to the application: Cecil McConnell, 3245 Elmira Dr.; Arlene FalleV 1523 E. 33rd; Alan Fry, 3207 Halverson, Paul Beliveau, 1512 E. 33rd; Bernard Cutler, 3251Halverson; Mae McConnell, 3245 Almira Dr.; Bonnie Taylor, 3245 Halverson; John Taylor, 3245 Halverson. The major areas of concern voiced by those speaking opposition were: traffic and traffic noise, increased danger to children walk to and from school, need open spaces/greenbelt areas, enough daycare services in area already, portable buildings do not belong TAPE #517 City Council Reg. Mtg. Minutes February 3, 1988 Page 9 of 13 nor fit into surrounding areas, business creeping into residential neighborhoods, increased accidents, disturbing natural habitat. Don Pratt, Director of Planning, stated the Environmental Checklist that was reviewed, is to be used in deciding if a Special Use Permit is granted to be used by the Planning Commission to site a daycare center at the proposed site. The issue before you is not whether or not it is a Good site for a child care center, but whether adequate and accurate information was provided in the Environmental Checklist; whether or not the probable environmental significance warrants further environmental study. As the responsible official, the WAC, RCW and City Code directs him to review submittals of applicants to determine if the proposal is likely to have a probable significant adverse impact. There is not a scientific or quantitative formula - likely, probable and significant are all very subjective. Secondly, determination by him must be made whether or not further environmental analysis is more useful or appropriate in the future. The way the Environmental Checklist is reviewed does have some change in specificity that is required, the amount of detail required is directly related to the complexity of the project. This Environmental Checklist was adequate, not outstanding, and the project is not viewed as a relatively complex proposal.- The action to allow TCI Cable Company into the area was a Declaration Of Non- significance. Mr. Pratt'!:concluded with a review of what is involved with a Special .Use Permit consideration: (1) has the Planning Department adequately identified negative impacts on surrounding ~neighborhoods - this has not be completed because of bein~ still in the environmental phase; (2) after that question, (1), Planning is asked to show whether or not adequate conditions are in place to mitigate those negative impacts - which is in the future and answered by the Planning Commission, perhaps in an appeal to Council. Mr. Pratt restated the purpose of this hearing, which is to determine if there is probable significant impact on the community. Sue Matan, applicant, provided a map showing the. site location, traffic peak hour patterns for surrounding businesses and explained how her daycare would fit into those patterns. The following individuals spoke in favor of the proposed Special Use Permit: Sandre Carlson, 1820 Marlow, Steve GrecorV; Scott Wallace; Pamula George, 4451 Edgewood Drive; Judy GilVeat, 3080 NE McWilliams Road. Following are overall comments in favor of the proposed Special Use Permit: no major-increase in traffic during peak hours - use of daycare would be mainly during off peak hours, a plus to have daycare in neighborhood and near an elementary school, proposed site is mainly Gravel and would provide a Good drainage for water run off; land values would stay up as some families who buy homes do have children, surrounding area has adequate open space and foliage for providing habitats for birds, etc. The following individuals spoke in rebuttal: E. L. Sturdivant, Mae McConnell, Cecil McConnell,. Samuel Green, Alan Fry. There comments included: reminded Council that the hearing purpose to discuss the environmental impacts (SEPA) and was not a Planning Commission Hearing, more time needed to see what impact the new middle school would have TAPE #517 City Council Rag. Mtg. Minutes February 8, 1988 Page 10 of 13 !APE #518 on the area once parents stated dropping off and picking up students next fall, soil composition can become quite fluid, applicant lives in Poulsbo and some potential users live two miles away, traffic still a danger to children walking to and from school, other School Districts in Kitsap County utilize school facilities for before school and after school care programs - Bremerton should get involved in this type of program also, leave would be for only 5 years...what would site and buildings be used for after that. Sue Maton, applicant, responded as to working with the Bremerton School District to place a program within the school. She related that the building suggested was poorly heated and would not be appropriate. She indicated that a pre-school program would be required in whatever facility was obtained in order to make it a profit making venture. Steve Gregory spoke in favor - citing the close proximity of the school to the proposed daycare site and the portable building could be made t~ be acetically attractive. And, Rachel Wallace, 1365 Jacobson Blvd., supported siting the daycare near the hospital which would offer her close by care for her child. Ian Sievers, City Attorney, stated that the action being considered is an appeal of the threshold decision that has been made by the City's responsible official in the environmental review pPDcess. Environmental review is to be taken in conjunction with other underlying governmental action, this case, the underlying action is the Special Use Permit. Certain thresholds have to be cleared before that goes on to be decided. ~ Jn this case a threshold decision has to be made before th% Planning Committee determined to issue that permit. The responsible official, Don Pratt, decided that from his review of the checklist that there were no significant environmental impacts based on the criteria required. That decision by the responsible official is being appealed under this process. In essence what the Council has to decide is whether or not they agree with the responsible official, that there are not any adverse environmental impacts in those areas that the State expects to be examined; or whether they feel there is. some significant environmental impact. There is another option to the Council, they may feel the that the information provided in the checklist by the applicant is incorrect or incomplete - then they can return back to the responsible official for further review. If council decides to uphold the appeal and overturn the responsible officials decision, a simple statement can be made that states "that there is a significant environmental impact in one of those areas", and directed back to staff. Mr. Sievers stated conditions can be placed on proposals based on any environmental document, including the checklist. The Planning Commission will be considering similar conditions in their parallel procedure and they can condition or deny a Special Use Permit. President Waibel asked which environmental impacts are under consideration at this time? Mr. Sievers stated noise, traffic, erosion, dust. To set a condition or deny the proposal, the adverse impacts would have to be attributable to the proposal itself - there may be situations where the impact is slight but adds to the cumulative affect to the situation and a better location would be better. Mr. Hornin~ expressed concern that the checklist did not have sufficient information, specifically in the traffic areas. TAPE #518 City Council Reg. Mtg. Minutes February 3, 1988 Page 11 of lS Mr. Hotton expressed concern with the off loading and on loading of children close to the street area and the possibility of traffic piling up during peak times for the daycare center. She related a personal experience she had when her daughter artended pre-school and the difficulties of parking that occurred. Mr. Colvln questioned what affect will sustaining the appeal have on the outcome? Mr. Sievers stated if more information is needed on the checklist it will delay the application from moving forward. If'it is for other reasons it may be best left to the department and 3ust indicate there is environmental impact in come area that should be addressed with a different procedure. Mr. Collins raised question as to the threshold determination being made on traffic information that was i0 years old? Ed Davis stated that the only traffic counts available from Engineering were taken in 1978 of 7,000 vehicles on Sylvan Way not far from Spruce. Mr. Collins raised question .... the only traffic that is to be taken into consideration is the amount increased by the daycare participants on the area? Mr. Davis stated that is correct but also cumulative impacts it may generate. Mr. Dawkins acknowledged the traffic problem in the area, hopefully the fifth lane-~on Wheaton Way will elevate some of the volume on the side streets. Also, real estate values have gone down by 10% due to traffic problems and property in some instances are selling 25~ under appraised value. Mr. Overson stated his support to the responsible official that the impact is not significant. Mr. Crutcher reported he lives very near a daycare center and noted there is not increased noise or traffic problems because of this activity in his residential area. Mr. Hornin~ emphasized he was not against daycare centers but did believe that the traffic issue was not addressed adequately in the checklist. Mr. Colvin raised a point of clarification - regardless of the vote this action is neither a denial or approval of a Special Use Permit. Mr. Sievers stated it was a process that has to be cleared as a first step for consideration of a Special Use Permit is made. President Waibel questioned if the motion as stated gives sufficient direction to the Planning Director? Don Pratt stated if the motion is passed he will review the options under the State Environmental Policy act. They range from requesting a revision to the current Environmental Checklist and a re-submittal and probably would ~ot make a decision now on the revised checklist without a public hearing, or to advise the applicant that it is probable that he would find the project to be significant and offer the applicant the opportunity to mitigate the impacts ..... either further study or changes to the pro3ect that would diminish the negative impacts, this c~se, to traffic. The third option is to require a full b/own Environmental Impact Statement. Mr. Hornin~ stated that it appears Mr. Pratt has the opportunity to go back to the applicant and state "it is obvious that the traffic is an issue and if you can bring back current information, not 10 year old information, it may support there application". TAPE #518 City Council Reg. Mtg. Minutes February S, 1988 Page 12 of 13 #0599 M/S/C/F(Horning/Horton) to uphold the appeal. Vote: In Favor: Horton, Horning, Colvin, Dawkins Oppose: Waibel, Crutcher, Collins, Overson Motion failed. 7A - RESOLUTION #2202, RESOLUTION AMENDING THE CITY'S COMPREHENSIVE' PLAN TO "INDUSTRIAL/BUSINESS PARK" IN THE VICINITY OF THOMPSON DRIVE, PENNSYLVANIA AVENUE AND 15TH STREET, #AB88-033 On January 27, 1988, the City Council conducted a public hearing to consider a request to amend the Comprehensive Plan Map in an existing industrial area on Thompson Drive and Pennsylvania Avenue, north Of 15TH Street. Following the staff report, public testimony, and deliberation, the Council voted to approve the requested amendment. The Resolution of Amendment is now being brought to the City Council for formal approval of this amendment. #0865 M/S/C(Collins/Horning) to approve Resolution of Amendment, Resolution No. 2202 which amends the Comprehensive Plan as stated in that resolution. Vote: In Favor: -Crutcher, Hotton, Homing, Waibel, Collins, Dawkins Oppose: Colvin, Overson YB - ORDINANCE #4146 (SECOND READING) VACATION OF A PORTION OF NORTH SIDE OF KITSAP WAY BETWEEN CHARLOTTE ? DORA A~MMuZS, #AB88-007 On December 16, 1987, City Council passed a motion approving the street vacation sub3ect to passage of an ordinance conditioning approval upon reservation ,of easements for future utilities, reservation of a temporary construction easement for the improvement of Kitsap Way through June 30, 1988, and the receipt of compensation from the petitioner in the amount of the appraised value of the property vacated prior to f~nal passage of an ordinance. Passage of an ordinance is necessary to finalize the street vacation. #0897 M/S/C(Crutcher/Horton) to approve Ordinance #4146, on second reading, vacating a portion of the north side of the 3800 block of Mitsap Way between Charlotte and Dora Avenues. Vote: In Favor: Oppose: Abstain: Crutcher, Horton, Horning, Waibel, Colvin, Dawkins Collins Overson With no further business meeting adjourned at 9:35 p.m. TAPE #518 City Council Reg. Mtg. Minutes February 3, 1988 Page 13 of 13 APPROVED HANK WAIBEL, Council President City of Bremerton KLM/HW/me ccs: Normal Distribution File/Vault