HomeMy WebLinkAbout10/07/87TAPE #486
~NAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
OCTOBER 7, 1987
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, October 7,
1987, at 5:30 p.m. with Council' President Spencer Homing
presiding. Council members present were Hank Waibel,
Mottie Dawkins, Mary Lou Long, C. R. "Tiny" Collins,
Shirley Marry Crutcher, Russ Johnson, A1 Colvin and Lon
Overson Also present were City Attorney Ian Sievers and
Gil Johnson, Deputy City Clerk.
The meeting opened with the Pledge of Allegiance led by
Council President Spencer Homing and the Invocation given
by Reverent Clinton Adams of the Seventh- Day Adventist
Church.
CONSENT AGENDA
A. Minutes of Meeting held September 30, 1987, #AB87-263
#0046
#0063
M/S/C/U(Johnson/Long)
presented.
to approve Consent Agenda as
CLAIM/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/C/U(Crutcher/Dawkins) on October 7, 1987, the Council
does approve for payment those vouchers included and further
described as follows: Regular Warrants numbering 31983 and
31989 through 32101 in the total amount of 8222,276.41 and
Regular Payroll in the total amount of $331,050.81.
PROCLAMATION
Gil Johnson, Deputy Clerk, read a Proclamation acknowledging
World Service Day by Lions Clubs International throughout
the world and the commitment of 1,363,000 Lions members
working for the betterment of their communities and
assisting those less fortunate. Mayor Gene Lobe proclaimed
October 8, 1987 as LIONS SERVICE DAY and encourages all
citizens within the City of Bremerton to join with the
Bremerton Central Lions Club to participate in a community
service activity, of their choice, on that day. Mayor Lobe
congratulated the Bremerton Central Lions club for their
efforts in helping to take'care of those citizens in need.
Judith Katsirubas, Lions Club member, stated it was with
great pride that she accept the proclamation on behalf of
Lions Club International, her association and the wonderful
work that the association carries out.
COUNCIL MEMBER REPORT
Mr. Colvin stated he an the opportunity to attend meetings
with several people behind the Iron Curtain and extended
greetings to all visited City Council's on behalf of Mayor
Lobe. Mr. Colvin will b~ speaking on his recent trip to
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City Council Reg. Mtg. Minutes
October 7, 1987
Page 2 of 14
the Soviet Union on October 15 at the Sheridan Neighborhood
Association, November 4 at Bremerton Central Lions Club and
November 17 at NARF.
Mr. Waibel artended the Sub-Regional Puget Sound Council of
Governments and reported that Enhanced 911 will be on line
November 19 and an open house event will be held at CenCom
headquarters. Also, within two weeks a Resolution will be
brought before Council for their consideration relating to
recent State restrictions on disposal of hazardous and solid
wastes. The Poulsbo Kitsap County Board of Health Clinic
opened September 14 and is in operation and an Open House
will be held in the new facilities of Kitsap County Board of
Health in Jackson Park on November 13.
Mr. Crutcher reported he met with a group of elderly
residents of his District and they strongly support the
Mayor and Police Chief on budgetary needs for staff to
ensure public safety within our community. They also stated
they would be willing to come to City Hall to express their
support. Mr. Crutcher pointed out that Monday is a holiday
for the Federal Government but not for the City of Bremerton
and strongly urged that adequate news media public be given
that Bremerton's parking meters will be in effect on that
day.
P~BLIC RECOGNITION
Mayor Gene Lobe pointed~out to Council the fact that the
logo used by the City is outdated and he would very much
like to see the City come up with a ~ew logo. As an
example, he displayed a pin, in the shap. of an anchor which
could reflect the influence of the Nav~ and boating in the
area. Another suggestion was a design' that is available
which depicts the mountains, water and a ferry. Mr.
Dawkins suggested having an artist campaign to come up with
a logo. Mrs. Lona pointed out that the City had adopted the
"Welcome Aboard" theme and suggested that it also be
incorporated in a logo. Mr. Hornins suggested that a plea be
made to the public for submittal of logo suggestions through
the Cable Access channel as well as other media.
Robert Holland, 1318 E. Hope Street, reported that the
Centennial Committee would provide funds to remodel the
display window in City Hall, making it secure, so that an
exhibit can be set up which Would include "Article of
Incorporation of the City of Bremerton".
Lynn Horton, 2028 Taft, reported on her participation on a
Bremerton Parks Department Review Board which conducted a
survey of users of City Park programs. As a result of the
survey, Council will receive a printed summary and Ms.
Horton commended the Parks Department for undertaking such a
review program.
6A - POLICE CHIEF - PERSONAL SERVICES CONTRACT, #AB87-264
The contract covering the Personal Services of Police Chief
Lynn Coney required a non-standard format and language
covering specific conditions of his employment. He agreed
to a definitive term of employment through at least
December, 1990, a monthly vehicle allowance of $S00.00, a
uniform stipend of $600.00 per year, a waiver of his rights
under Civil Service, and a waiver of sick leave benefits and
other lesser items.
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#1007
Mayor Lobe outlined the conditions of agreement as stated,
emphasizing that Council was knowledgeable of the conditions
at the time of Chief Coney's appointment.
Andrew Parypa, 1122 Hayward, reported that he has received
very good reports of Chief Coney's term as Chief of Police
of Chehalis, WA, from relatives and friends of that area and
that he has already seen many improvements in law
enforcement in the City of Bremerton since the Chief has
taken office.
Lon Overson questioned need for clarification of language in
Section 5(c). Ian Sievers, City Attorney suggested Section
5(c) should read: "The Police Chief's premiums for the
City's employee Medical and Dental Plan shall be fully paid
by the City. Mr. Overson requested clarification of
Section 5(a) relating to waiver of all sick leave and
bereavement leave. Mr. Sievers stated that Chief Coney is
already covered for these two areas under LEOFF-I and asked
that they not be included in this agreement.
Mr. Johnson stated since the Chief is utilizing his own
vehicle is the City liable in the event of an accident
involving the Chief? Mr. Sievers stated he would
responsible for collision and liability insurance and the
City would have right to subrogation against his policy if
someone sued the City.
Mrs. Long questioned how the Chief would document use of
his vehicle "in line of duty" and identification of
potential mechanical problems relating it to "on duty"
causes. Mayor Lobe explained that Chief Coney would receive
a flat rate of $300.00 per month and the Chief would be
responsible for all maintenance needs and insurance costs
for use of his vehicle.
M/S/C/U(Crutcher/Dawkins) to approve the Personal Services
Contract for Chief Lynn Coney.
6B - AMENDMENT NO. 2 - REFERENDUM 39 - GRANT WFG 83-067,
#AB87-265
The Utility in a continuing effort to upgrade its Wastewater
Treatment Facilities has petitioned the Department of
Ecology to amend the scope of the existing grant to allow
construction of several additional pro3ects contemplated
earlier in the pro3ect.
The amendment includes: (1) revision of the expiration date
of the grant from March 31, 1988 to March 31, 1990 to allow
construction of the additional projects; (2) adjustment of
the total eligible project costs from $49,348,050 to
$37,944,521 to reflect the final costs of the completed and
the estimated cost of the proposed pro3ects; (3) provide
matching fund for three additional projects to include: (a)
Wastewater Treatment Plant enhancements for additional odor
control equipment and related appurtenances - estimated cost
= 8141,110; (b) Central Bremerton Pumping and Transmission
Main Improvement - estimated cost = $4,387,460; (c) Sludge
Disposal Land and Equipment - estimated cost = $3,498,110.
TOTAL PROJECT COST = 88,026,880.
Bill DuffV, Utilities Director, stated the original grant
was for $49 million and through good management on the part
of the staff, Council and consultants CH2M Hill, the
original pro3ects came in at approximately $33 million.
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Therefore, the City petitioned DOE to amend their grant to
include the projects identified as (3a) through (3c) in the
above paragraph.
Don Pratt, Director of Planning, pointed out that the $4.3
million dollars represents public dollars being spent on the
waterfront and is part of the waterfront development project
that was outlined last Spring. These monies were
identified, pursued and obtained and are key and integral
to any development occurring on the waterfront. Some
development can happen with the current utility service,
however to look to attracting greater development, i.e.,
small hotel, restaurant will require additional sewer
facilities. Typically the developer is required to pay for
upgrade of utilities if they are needed, however, the City
has the need in order to develop the downtown area and has
provided the funding source.
Mr. Dawktns questioned how long the project to place the new
sewer pressure line down 4th Avenue would take? Bill DuffV
stated construction would take less than six months.
Mr. Overson raised the point for clarification that the
projects are planned in the budget. Mr. DuffV explained
that there is approximately a million dollars in the Capital
Improvement Fund, DOE is also holding retainage - 5% of the
original grant for $780,000 and some money left over in the
Cumulative Reserves.
Mrs. Eono questioned the feasibility of these projects under
the original grant. Mr.TM DuffV stated the original project
included these projects but based on Engineers estimate it
was determined that not all projects could be completed and
some of the projects that did not have priority were scaled
back. Now the priority projects are completed and have come
in substantially under the engineer's estimate, the City
again requested DOE to consider them. Mrs. Long questioned
if the sewer rates were calculated on a' pay back for the
original $48 million dollars. Susan Dennis, representative
of CH2M Hill, stated that under the original contract it was
determined that the rates would have to be increased on an a
2-3 year interval to keep up with operations and maintenance
costs of the project. The rates were initially set for a
$48 million project, however, since the project came in
under that amount the rate increases were re-adjusted to
what they would have had to be. The sewer rates today are
based on actual cost of the project not on the estimated
project cost. Three or four years ago estimates were given
for the operating and maintenance costs of the treatment
plant, now that they are in place the actual costs have been
worked into the rate structure. Mr. Hornin~ questioned if
construction of the projects proposed would increase sewer
rates. Mr. DuffV stated - no.
#1530
M/S/C/U(Waibel/Johnson) approve Amendment No. 2 of the
Wastewater Facility Construction Grant #WFG 83-067 and
authorize the Mayor to execute said Agreement subject to
City Administrative Policy and Procedure.
8C - PROFESSIONAL SERVICES AMENDMENT #9 - CH2M HILL
CONTRACT, #AB87-266
Amendment #9 to the CH2M Hill Professional Services Contract
provides for design services associated with Amendment #2 of
the Department of Ecology 'Wastewater Facilities Grant #WFG
83-067.
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City Council Reg. Mtg. Minutes
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Services include Step II design for the preparation of
technical plans and specifications for the Central Bremerton
Improvement Project involving design of two (2) new
replacement sewerage pump station and =elated transmission
mains and the preparation of engineering report and
technical specifications associated with the Utilities'
Wastewater Sludge Management Program.
Estimated cost for professional services is $507,130 for the
Central Bremerton Project and $173,190 for the Sludge
Management Project.
Bill DuffV, Utilities director, stated that now that the
Council approved the additional projects it would be
necessary to fund the design work which will be undertaken
by CH2M Hill.
Mrs. Lonq questioned if any design work was done on projects
that were included in the original proposal but were not
funded at that time. Mr. DuffV stated that no design work
has been done on the portion being presented. Mrs. Lonq
questioned how costs to complete a project is determined.
Mr. Duffy explained that estimates are made based on
certain formulas that are available, for example pump
stations costs may be determined by multiplying $ per gallon
of flow, or pipe lines are $ per diameter.
#1692
M/S/C/U(Overson/Collins) approve Amendment #9 of the CH2M
Hill Contract for Professional Engineering Services
associated with the City ot Bremerton's Wastewater Treatment
and Transmission Improvement Program and authorize the Mayor
to execute said documents subject to City Administrative
Policy and Procedure.
6D - REAL ESTATE EXCHANGE/PURCHASE AGREEMENT, #AB87-267
The Union River and its tributaries, a surface supply
source, provide approximately 70~ of the City's domestic
water supply.
The passage of the Amendments to the Safe Drinking Water Act
in 1988 required the Utility to review its management of
this resource with respect to its protection.
The City Council in 1986 authorized the Utility to develop a
management plan which was adopted by Resolution #2135 on
October 14, 1986.
The Management plan provides for the acquisition of
properties adjacent to existing and future water supply and
storage area to provide protection of those supplies.
Presented for City Council consideration is a purchase/trade
agreement between the City of Bremerton and the McCormick
Land Company. The trade involves approximately 445 acres of
McCormick-owned forest lands situated south of the Twin
Lakes Reservoir and west of the Gold Mountain Golf Course
(Section 2, Township 23N, Range i West) and valued at
$2,356,128.00 for approximately 160 acres of Utility-owned
forest lands situated north of Old Clifton Road (section 4,
Township 23N, Range I East) valued at $1,564,667 together
with cash payment for a total value of $2,356,128.00. The
trade/purchase of the McCormick property will provide
protection of the Utility's Twin Lakes Facility, a 400
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City Council Reg. Mtg. Minutes
October 7, 1987, 1987
Page 6 of 14
#1845
million gallon storage facility slated for improvement under
the Utility Water Resources Development Plan.
Bill DuffV, Utility Director, stated that approximately two
years ago the Utility staff prepared a document with regard
to management of Utility lands to insure that we protect our
existing and future domestic water supplies. The documents
was completed and adopted by the City Council by Resolution.
This proposal is pursuant to that document and is the first
step towards protection of the watershed. The parcel -
approximately 445 acres is currently owned by McCormick Land
Company, it is west of the Golf Course and south of the Twin
Lakes area. The intent is to exchange that parcel for a
parcel adjacent to McCormick land holdings, just north of
Clifton Road. There is a difference in land values,
therefore the difference would have to be paid to McCormick
Land company to secure that property.
Mrs. Long questioned if there were any wells located on the
properties. Mr. Dully stated that all wells that are on
the Anderson Creek property lie above the section line.
Mr. Colvin questioned the difference in value of the two
parcels. Mr. DuffV stated that the value of the land is
the same but the timber resource increases the overall value
of one parcel.
Mr. Colvin stated that 'due to his being unable to attend
any of the Study Sessions held regarding this subject he
would abstain.
M/S/C/U(Waibel/Collins) a~prove Resolution #2184 and to
authorize the Mayor to execute the purchase agreement
between the City of Bremerton and the McCormick Land Company
for purchase of the McCormick tract and surplus and trade of
the Bremerton tract together with the expenditure of
$791,461 from the Utility's Land Acquisition Fund subject to
City Administrative Policy and Procedure.
Vote:
In Favor: Overson, Dawkins, Crutcher, Waibel
Homing, Collins, Long, Johnson
Abstain: Colvin
8A - PUBLIC HEARING - REZONE OF' R-1 TO MFG. (RZ-.9-87) AND
APPEAL OF PLANNING COMMISSION DENIAL OF SPECIAL USE PERMIT
(SUP-6-SY), APPLICANT: ACE PAVING COMPANY, INC., #AB87-269
The Planning Commission by Findings of Fact and Conclusions
recommends Approval of the Rezone and denied the Special Use
Permit for a rock crusher/sorter to be used in conjunction
with a rock quarry to be located at the site of the old
Pioneer Quarry, approximately 2,000 feet southwest of the
western terminus of Werner Road.
In accordance with Section 1200 of the Bremerton Zoning
Ordinance, the applicant is appealing the ruling of the
Planning Commission to the City Council. During the appeal
procedure, the Council, during public hearing, may take and
receive such further evidence as deemed relevant or material
to assist in deciding the appeal. Upon such an appeal, the
City Council shall have the power to overrule, alter or
change any ruling of the Planning Commission pertaining to
the granting or withholding of the permit so applied for;
provided a majority of the City Council consisting of two-
thirds (2/3) of its membership, vote in favor of such
alteration of change of ruling.
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October 7, 1987
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President Hornin~ asked the "Appearance of Fairness/Conflict
of Interest" question with all Council members being seated
except Mr. Collins who stepped down.
James E. Skitying, 1555 MargUerite, stated he felt Mr.
Johnson should step down due to his representing Council
District 8 which includes Kitsap Lake Area and that he would
have difficulty acting in a way representing the whole city.
Ian Sievers, City Attorney, stated - that particular
challenge does not fall within the "Appearance of Fairness"
doctrine that could disqualify Mr. Johnson.
Councilman Morrie Dawkins left the Council meeting at 6:30
p.m..
Ed Davis, Planning Department, gave a brief description of
the site location. The primary concerns include a community
of rock quarries located south of Kitsap Lake and a
community of residents located near Kitsap Lake and along
Werner Road in Kitsap County. The Comprehensive Plan calls
for maintenance of the residential areas and the utilization
of the economics of the area .... developing extracting
industries. There appears to be a conflict in the
Comprehensive Plan because it addresses both the economic
section and livability and residential land use section.
The proponents proposed a rock quarry operation with
blasting working around the high power transmission towers.
Quarry operations would not involve the old sanitary
landfill sites on the west and northwest portions. In
the original EIS as well as the Addendum, which was prepared
this past summer, there fs proposed a 275 ft. buffering
around the west, northern and east portion of the site. The
proponent has also stipulated a type of sound barrier be
erected. Mr. Davis described the proposed placement of a
rock crusher on the northern part of the site. If Council
denied the application for fezone the proponent would be
prohibited to made re-application for 385 ~ays and denial of
the appeal for a Special Use Permit would deny the proponent
use of the site as a quarry and utilization as a rock
crusher/sorter. The Manufacturing zoning designation does
not allow a quarry, rock crusher/sorter out right in
use...it must have a Special Use Permit.
Paul Pazookte, representing Ace Paving Co., Inc., stated the
staff presentation provide the detailed information of the
project. Also present to respond to any questions was Mr.
Roy Rlchards who conducted the Noise Study and Bill Palmet
who authored the EIS and who did the study of the site for
final impact statement which was an Addendum to the
previous EIS and Mr. Christopherson of Ace Paving Co., Inc.
Mr. Pazookie stated that the property was used as a quarry
and rock crushing operations prior to being annexed into the
City in 1987. After annexation the quarry operations, were
discontinued due to local economics and a portion of the
property was utilized as a/andfill. In 1984 Pioneer Quarry
applied for a Special Use Permit, the action of the Planning
Commission at that time was to table the matter because they
had basically four questions. Pioneer Quarry did not pursue
the matter and Ace Paving, after realizing there was a
market and need for the rock, then entered into an agreement
with Mr. Skitying and this year an application for fezone
and Special Use Permit was submitted. The four items that
the 1984 Planning Commission asked questions about related
to (1) affect of blasting and mining near Puget Power
Transmission Lines. Puget-Power has responded that as long
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City Council Reg. Mtg. Minutes
October 7, 1987
Page 8 of 14
as a distance of 28 ft., away from the towersis maintained
there is no problem...they expressed concern that small
fragments may hit their wires but stated no opposition to
the proposal. (2) Affect of noise - expanded study of the
noise has been made and indicates that the noise level is
significantly below the acceptable levels and the proposed
operations is. not going to increase the noise beyond
acceptable levels. (3) Endangered plants - there was a
response by Michael McCormick that there was the possibility
of finding Golden Indian Paint Brush and if found on the
site it could be transplanted. (4) The affect of the
operation on the previous landfill - Environmental
Protection Agency conducted a study and basically their
conclusion was the operation is not going to affect existing
landfill. One of the conditions recommended by the Planning
staff was that loading of the landfill be avoided. There
are three major concerns of the neighborhood..noise, traffic
and dust. The noise study shows that increased operations
would be under acceptable levels because of the distance.
Study on dust conditions generated by this operation without
any abatement could be 64-72% of the maximum acceptable
level set by Puget Sound Air Pollution Control Agency. With
the proposed conditions the dust level would be decreased to
about 10-10% of the maximum. That is less than 25% of the
dust load generated by the existing operations which has no
manditory abatement or conditional abatement. The traffic
generated from the site, as stated in the EIS, is about a
20% increase on Werner. Road. That is well below the
capacity of Werner Road as indicated by Mr. Swanson, Public
Works Department, Kitsap County. When Pioneer Quarry made
the earlier proposal they had intended to barge about 30% of
the product out of the area~ Ace Paving does not propose to
barge any of it but use on local project around the area.
A main issue addressed was affect of the run off - the site
plan shows ponds that will be used as detention ponds for
any run off at the same time the water in them will be used
for the gravel operation. In the event we experience a 100
year storm and the ponds overflow, the ,water is directed
through a natural drainage way, which is well vegetated,
which is the latest acceptable methodology for removing any
impurities from run off before it enters a body of water.
In order for the owner to utilize the property he has to
have a mining and operational quarry. Denial of the-
application will prevent use of the site. The property is
not suitable for any type of residential use. Ace Paving
and Planning staff have worked dut 19 conditions that they
are willing to adhere to in order to obtain a Special Use
Permit for this operation. No other operations in the area
have as much voluntary conditions to work under. Ace Paving
iS intending to spend an enormous amount of money to develop
this operation and they are willing to come back in three
years to review the project. In summary, there is a need
for this type of rock which is a quality which is different
than other areas and it is not cost effective to obtain from
other others.
%PE #487
The following individuals spoke in favor of the requested
fezone and Special Use Permit: Bill Lamphire, 8451 Spring
Ridge Road, Bainbridge Island, a general contractor; RalDh
Spear, retired Attorney; James Robinson, 4904 Kitsap Way,
Building Contractor; Terry West 13170 Glenwood SW, Port
Orchard; Chuck Middleton, 1481 Northlake Way, manager of
Pioneer Quarry for 25 years; Dan Robertson; James Skitvine,
1555 Marguerite; Mark Randall, County Resident. The
following benefits were breught forth in testimony in favor
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City Council Reg. Mtg. Minutes
October 7, 1987
Page 9 of 14
of the proposal: quality of rock not available within
reasonable distance of other area, help to make pricing
competitive, provide more jobs, improve economic base for
Bremerton, landfill area has serviced Bremerton and Kitsap
County for many years.
Deputy Clerk Johnson read into the record two petitions
containing 131 and 73 signatures, all in opposition to the
proposal and a letter from Dr. Alfred Aflatooni, MD,
relating to the health of Mrs. Thelma Ownsby and her
Emphysema condition worsening when exposed to high levels of
dust.
Anna Laurie, Attorney, representing opponents of the project
and in particular John Gallant who owns 40 acres near the
lake stated that her clients believed that the major
concerns out weighed the_ possibility of Ace Paving being
able to mitigate the conditions caused by a quarry/rock
crusher-sorter project; and there is no appropriate
enforcement mechanism for the proposed 19 conditions. Also,
the issue as to conflict of uses, i.e, residential and
manufacturing, must be resolved. The character of the
neighborhoods affected are made up of a large number of
residents who are not working during the daytime and away
from their residents during the working hours of a quarry
operation. Neighboring residents state that currently
noise, dust and traffic are beyond acceptable limits and
they should not be subjected to any increases in these
areas. The drainage issue from the landfill site needs to
be addressed in a manner assuring the health and welfare of
the residents and environment. The proponent volunteers to
come back in three years for a review of the affect of the
proJect...a great deal of damage can be done in a three year
period and if the project is approved a period no longer
than one year should be considered.
The following individuals spoke in opposition to the
proposed project: Jim Strait, 6530 Hatlow Drive; Larry
Storey, 1554 Sereno Circle Drive; Joseph Paul, Kitsap Lake
Mobile Home Park; RollV Pettis, Kitsap Lake Mobile Home
Park; Bruce McCon, 6515 Lake Drive; Henry BarkleV, 5240
Werner Road; George Mitchell, 2348 Sidney; Dorothy Coplet,
5245 Werner Rd.; Judd Black, 144 Sereno Circle Drive; Mr.
Kilbourne, 150 Sereno Circle Drive; Kathryn Sherman, 1528
Kitsap Drive; Mr. Coplet, 5245 Werner Rd.. The following
concerns were expressed during the testimony of the
individuals mentioned above: increased dust, traffic,
noise, toxic waste leeching into lake, quality of life,
problem of enforcement of conditions set, if approved,
reduced property values, view property should be used for
residential use, safety of children, health of neighboring
residents, no need for rock resource.
Paul Pazookte, representing applicant, stated for
clarification that the only equipment currently on the site
is the remains of old equipment. Also, as a note of
interest, the Ernst Mobile Home Park was built on a gravel
pit. Mr. Pazookie stressed the importance of the expert
testimony given in the EIS on noise, dust and traffic
impacts. In regard to enforcement of conditions, if
approved, Mr. Pazookie noted that the State Agencies would
be very involved and aware of the operations as would the
City staff.
Ed Davis read into the record a letter received from the
Puget Sound Air Pollution Control Agency (after the Planning
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October 7, 1987
Page 10 of 14
~PE #488
commission meeting) which suggests that if approved, the
conditions of paving of main haul road sections,
installation of a wheel washing where the haul roads enter
public road right-of-ways and mitigation of measures listed
on page 8 and 7 of the check list be required. Mr. Davis
stated that the Planning Commission is not recommending
conditions... only Planning Department staff has worked with
the applicant and if conditions are considered staff
concurs in the proposed conditions as does the Puget Sound
Air Pollution Authority.
Mr. Colvin questioned the information regarding fezone
process at time of annexation of the property as presented
by Mr. Skitying. Mr. Sievers, City Attorney, stated that it
was not relevant at this time and that Mr. Skitying may have
some feeling that he had a right to some non-conforming use
and didn't need the action requested at this time, however,
that use has been abandoned for a significant period of
time. Mr. Colvin asked what was the Planning Department
recommendation. Mr. Davis stated the Staff Report
recommended approval of the fezone and Special Use Permit
with some 20 conditions listed at the time written.
Mrs. Lone expressed concern of the possible affect on
neighboring residents and supported the position that the
economic benefit did not out weigh the health hazards to
residents.
Mr. Overson questioned what the next step of appeal would be
available for the applicant if Council denied the request
for SUP? Mr. Davis stated this is the final appeal for the
Special Use Permit. Mr.TM Slevers stated that if applicant
felt they had been denied use of the land they could appeal
through Superior Court.
Mr. Johnson expressed concern regarding the expert opinion
on what would be acceptable...i.e, comparing noise levels
allowable at SeaTac Airport and noted 'that the City of
Seattle has had to buy up residents bordering on the airport
property and does not want to put the City of Bremerton into
that possible position. Also, he questioned Fire Marshal's
role in monitoring blasting and environmental effects it
could have on the area, i.e., air inversion, etc.
Mr. Overson pointed out the economic benefit to the City if
approval was considered and noted that there are conditions
creating levels of noise all around and that roads should be
utilized for traffic.
Mr. Horninc expressed concern that the City might not be
prepared as far as staffing needs in order to enforce a long
list of conditions.
Mrs. Lone raised point of law in that the City has an
Ordinance in effect that prohibits blasting/rock quarries
inside the City limits...does this Council have a choice
until that Ordinance is amended. Ian Sievers that the
City Ordinance sets does not allow a noise level that is
produced in blasting, however, this is not in agreement with
th'e level allowed by State law. And, since the City did not
request approval from the State Department of Ecology to set
a higher limit prior to adoption of the Ordinance it would
therefore be an unenforceable Ordinance of the City. Ms.
Lonq disagreed with Mr. Sievers explanation.
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October 7, 1987
Page 11 of 14
#0072
M/S/C(Waibel/Crutcher)
Manufacturing.
to approve
Rezone from R-1 to
Vote~
In Favor:
Oppose:
ColvAn, Johnson, 0vetson, Crutcher,
Waibel, Homing
Long
#0578
M/S/C(Johnson/Long) to uphold the Planning Commission's
Denial of the Special Use Permit.
Vote: In Favor:
Oppose:
Johnson, Crutcher, Long
0vetson, Waibel, ColvAn, Homing
Mr. Pazookie requested City Council remand this issue back
to the Planning Commission because at the Planning
Commission meeting there was only 6 members present and only
7 Council members seated to hear the appeal and it would
take 2/3 vote of the full Council to override the Planning
Commission vote. Ian Sievers there was no basis for the
request as Council had a legal quorum as did the Planning
Commission on hearing this issue.
Councilmen Tiny Collins and
Council meeting.
Morrte Dawkins rejoined the
8B - PUBLIC HEARING AND, FIRST READING OF ORDINANCE FOR A
CHANGE IN LAND USE RESTRICTION (CL~R) TO ORDINANCE ~3875
(RZ-17-86) APPLICANT: TOM AND LIRDA BARRETT/PENINSULA DAIRY
QUBF, N, INC., #AB87-270
The Planning Commission at ~heir September 15, 1987 meeting,
approved the application for a SITE PLAN REVIEW as was
explicitly required by the Planning Commission in a
condition adopted by the Planning Commission at their
meeting of November 19, 1986. In preparation for the SITE
PLAN REVIEW, it was found that there was a conflict between
the City-adopted site plan of November }983 and Ordinance
#3875. This request for a Chance in Land Use Restrictions
(CLUR) to delete two (2) landscaping provisions in Ordinance
#3875 as conditioned by the Planning Commission was approved
unanimously by the Planning Commission with all members
present.
President Horninc asked the "Appearance of Fairness/Conflict
of Interest" question with all CoUncil members being seated.
Ed Davis, Planning, pointed out background information of
the intricacy of this that date back to March 2, 1982,
changed from B2 to B2/B3 combination; in April 1983 there
was a Change in Land Use Restriction that deleted some
sanitary sewer pump requirements and other restrictions on
the site (construction of Denny's on property); October 1983
additional Change in Land Use Restriction changing fending
and lighting restrictions (construction of Super 8 Motel)
and November 1983 there was additional Change in Land Use
Restrictions including site plan titled "Tree Replacement
along the northeast portion of the site and along Shorewood
Drive". The Planning Commission, as part of the previous
actions, required by Resolution that Site Plan review come
back for this particular site in the southeast corner of
the development of four buildings. In the review, at staff
level, information was discovered that two restrictions
remaining on the site which would prohibit development on
the site as applicant has requested. It was noted that the
site plans and documents d}ffered from the regulations cited
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October 7, 1987
Page 12 of 14
in Ordinance #3875, which created a conflict to develop the
property as proposed by the applicant...(1) requiring a
solid screen fence along Shore Drive and (2) a 20 ft.
setback. A growth of trees currently exists along the
roadway which were planted and some of them are 18 to 3S
feet tall and are site obscuring -this is landscaping and
not a solid fence. In order to have the site plan valid two
changes need to be made in order for the applicant to obtain
a building permit to start development. The Planning
Commission is recommending deletion of the two requirements
and adding on three additional conditions. The three
additional conditions are (A) maintain a 12 ft., landscaped
area the length of the site along Shorewood Drive, providing
adequate screening for neighboring properties; (B) shall
replace six dead or dying trees; (C) all landscaping shall
be maintained in a living state.
Steve Ahlstrom, 13975 Interurban Avenue, Seattle,
representing the proponent, gave a brief description of site
plan and the present landscaping which includes sprinkler
system, trees, etc.. What the ordinance requires is that
there is to be back a 20 ft., setback from the existing edge
of the sidewalk on Shorewood Drive and on the inside of the
20 ft., setback is.to be a 8 ft. high wooden site obscuring
fence. The existing trees are providing a screening. In
order to 'make the project work the applicant used the
existing landscaping edge and placed all parking ensuring
adequate ingress and egress around the project. What is
being requested is the deletion of the 20 ft. setback and
deletion of the requirement for a 8 ft., site obscuring
fence. ~
Jim Strait, 6530 Hatlow Drive, spoke in support of the
project, due to lack of objections by neighboring property
owners.
Deputy Clerk Gil Johnson read into the record two letters
opposing the project from Virginia L. Smith, llOS Shorewood
Drive. She cited concerns with traffic, noise, fast food
restaurant proposed litter; and Elizabeth S. Durand,
Bayshore West Condominium who was concerned about
overloading the sewer system, noise, traffic.
Mr. Collins pointed out that in the four years since this
piece of property has been developed there have been many
inconsistencies, i.e., three of the four buildings proposed
are not located in the area that they were presented; the
greenbelt 20 ft., buffer along Shorewood Drive and the Smith
property was bulldozed away with the developer replanting
trees that were less than the 25 ft. high trees required and
spacing double the amount recommended by a forester. There
was a problem with signing - high signs were not to be
considered - not over 8 ft. Someone approved a higher than
8 ft. sign for Denny's. This whole project has been poorly
handled by the City and the Developer.
Don Pratt, Planning Director, stated that the clearances of
requirements from the Utility and Engineering Departments
indicate that conditions imposed had been completed. The
only errors he was aware of as a result of final Council
actions are - that the 20 ft. buffer and site obscuring
fence was not changed when the Planning Commission approved
the site plan. To have proceeded correctly, steps should
have been taken to change the Ordinance first before the
site plan was approved. Planning files reflect a great deal
of confusion of the project but the only errors outstanding
are the setback and site obscuring fence issues.
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Page 13 of 14
#2333
#2800
Mr. Colvin questioned if anyone one would be affected
adversely. Ed Davis stated that after having a discussion
with a resident of Shorewood' Drive Condominiums staff
proposed a minor change on the northern part of the
landscaping but the Planning Commission adopted a 12 ft.
buffering along the east side of the site, instead of having
it taper from 20 ft., down to 12 ft. Mr. Hornina pointed
out that a fence provides better obscuring of a site but
felt that trees as a buffer were a better alternative.
Mrs. Long suggested that the planted area where the trees
are should be augmented with lower shrubs to help with the
screening.
M/S/C/U(Waibel/Colvin) to approve ordinance, on first
reading, providing for a_ Change in Land Use Restrictions
(CLUR) to Ordinance No. 3875.
YA - OI{DINANCE (FIRST I{EADING) AMENDING ORDINANCE #4052 TO
INCl~EASE TAXICAB "FLAG DROP" FEE, #AB8Y-268
Recent IRS rulings require that lease taxicab operators pay
FICA and FUTA taxes on their drivers. Due to increased
taxes and insurance costs experienced over recent years,
L'Kab requests an increase of :80¢ to $1.80 in "Flag Drop"
rates representing a 12J increase from 1979/80 rates.
Bob Maesner, owner of L'Kab Enterprises, Inc., provided
Council members with a copy of his 1987 Profit and Loss
Statement and stated that due to inflation costs and
increase in insurance rates an increase in the "flag drop"
fee was needed to meet thes~ expanding costs.
M/S/C/U(Long/Colvtn) approve ordinance, on first reading,
amending Ordinance #4052 approving Flag Drop rate of 81.50.
#2918
7B - ORDINANCE #4122 (SECORD READING) PROVIDING INFORMATION
COPIES OF ~ NOJTJNION MANAGEMENT CONTRACTS TO THE CITY
COONCIL AND AMENDING B.M.C. 2.&9.050., tAB87-259
M/S/C/(Dawkins/Colvin) approve Ordinance #4122, on second
reading, providing informational copies of new nonunion
management contracts to the City Council and amending B.M.C.
2.49.050.
Vote: In Favor:
Overson, Dawkins, Crutcher, Waibel
Homing, Collins, Colvin, Johnson
Abstain: Long
With no further business meeting adjourned at 10:10 p.m.
KATHLEEN L. MCCLUSKEY, CITY &ERK
APPROVED
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Page 14 of 14
ER HORNI President
of Bremerto
File/Vault