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HomeMy WebLinkAbout03/09/88TAPE #527 UNAPPROVED DRAFT #0028 #0046 CITY COUNCIL MEETING MINUTES MARCH 9, 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, March 9, 1988 at 5:30 p.m. with Council President Hank Waibel presiding. Council members present were , A1 Colvin, Spencer Horning, Morrie Dawkins, Shirley Marry Crutcher, C. R. "Tiny" Collins, Lon Overson, Russ Johnson and Lynn Hotton. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Hank Waibel and Invocation was given by Councilman A1Colvin. President Waibel announced that Item 6A would be heard as Item 4B. CONSENT AGENDA A. Mlnutes Of Meeting Held March 2, 1988, #AB88-066 M/S/C/U(Crutcher/Horning) to approve Consent Agenda as presented. CLAIMS/WARI~sJrT 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(Colvin/Collins) on March 9, 1988, the Council does approve for payment those vouchers included and further described as follows: Warrants Nos. 34855, 34856, 34863 through 35009 in the total amount of $228,573.46 and Regular Payroll in the amount of 8310,785.55. #2167 PUBLIC RECOGNITION 4A - EMPLOYEE SUGGESTION AWARD GREG FINKE - FIRE DEPARTMENT, #AB88-067 The Committee met on 2/29/88 to review Mr. Finke's suggestion to install Ground Fault Interrupters on portable electrlc generators and portable extension cords. The Committee felt that this was an important safety recommendation and under the terms of the ordinance recommends an award in the amount of $100 and a Certificate Of Recognition for Mr. Finke's efforts and interest in the welfare of his fellow firefighters. Spencer Horninc, as Mayor Pro Tempore, presented Greg Finke with a Certificate of Recognition and commended Greg and other employees who have spent time on their own and made contributions for the benefit of the City. Grec Finke thanked the Council and the group who meet in regards to the Safety Committee and their recommended acceptance of his suggestion and hoped everyone will benefit from it. M/S/C/U(Collins/Colvin) to approve award of $100.00 to Greg Finke for the suggestion. TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 2 of 11 4A - APPEAL TO CITY COUNCIL OF ENGINEERING DEPART!eNT'S DECISION TO ASSESS CHARGES FOR CATCH BASIN REPAIR - DAN ISBELL, #AB88-068 This item is submitted at the request of Council President Waibel for full Council review of Administrative actions from Engineering Department and City Attorney's office. Dan Isbell, 1724 Burwell Street, stated he was present to appeal a decision of the Engineering Department and questioned if the City Council would be willing to hear his appeal. Ian Sievers, City Attorney, stated the City Council is concerned with Mr. Isbell's point raised on lack of an appeal process to the Council or confusion over the process coming to Council and would probably like to review that after hearing the circumstances of his case. And, Council may direct staff to look further into the matter and report back to them. However, by placing this item under Public Recognition Council has acknowledged there is no ordinance procedure to hear an appeal this type of complaint in place at the present time. President Waibel stated that the Council would like a report on procedures for hearings of this nature. Mr. Hornin~ pointed out that it was not perfectly clear what type of issues the Council can hear or not hear as appeals - now it appears that the public also does not know and he thanked Mr. Isbell for bringing this issue up to the Council and Council will address this problem. Mr. Johnson stated it war up to the Council to decide what they would or would not hear. Mr. Hornin~ stated Council needs to identify those issues that are currently heard by the Council first and learn what areas staff understands as appealable to Council and then review the whole process including method of informing the public. of their options. Mr. Johnson stated that the Hearing Examiner ordinance just provided a more streamlined process in special cases and beyond that issues would come before Council. Mr. Horninc stated in this particular case the Hearing Examiner Ordinance did not change anything. But, Council is now thinking it possibly should have. President Waibel stated based on the discussion held for the past two weeks on the Hearing Examiner Ordinance modification and Mr. Isbell's issue there is need for real clarification for the Council and the citizens on the proper procedures available. Mr. Johnson requested that the Council Legislative Assistant obtain information from Municipal Research on the subject of what are proper appeals and hearings for various cities in the State of Washington. Mr.. Isbell requested the City Council to ask the City Attorney to cease with all legal proceedings against him until the Council has come to a conclusion as to what is applicable or not. President Waibel stated that to his understanding this is out of the hands of the City and just a hearing date needs to be set. Mr. Sievers stated he would cooperate with the spirit of Council's discussion and would not set a hearing date. for at least a month or until Council can re-address this matter. TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 3 of 11 Mrs. Elizabeth Buell, 1722 High Avenue, expressed her concern as to the possibility of a drought this summer and why the City is not doing some type of conservation now. President Waibel stated that the City Water Department has been planning for the drought for a long time and the City is probably in better shape than any other municipality in the state. Bert Geaner, 3040 Pawnee Drive, presented a resolution for Council's consideration, requesting the resignation of Kitsap County Commissioner Ray Aardal due to his recent conviction of a morals offense. Mim Huess, Executive Director of the Bremerton/Kitsap County Visitor and Convention Bureau, reported that the City of Bremerton was not named as the City to hold the 1989 Centennial Games, however, we did have a very strong and good bid and they have asked that the bid stand for 1990, giving us another year to work on the things that we need to be a little stronger. She reported that the City of Spokane was named for the Summer events and the City of Wenatchee for the Winter events. Because the bid was turned in under the City of Bremerton name, the VCB needs to know if the City wants to continue on and go for the 1990 games? President Watbel stated that another Resolution would be necessary to reintroduce the application and pre~ented to full Council. Richard Hennin~er, 608 S. Cambrian, stated he had several years experience in the Job Corps Program and was very interested in organizing youth activities whic would include job skill training as well as alternative type activities which would help take the young people off the street. President Waibel suggested that he talk with Mayor Lobe and to put his plan/program in writing. Roy McGinnis, 2711 Maple Street, expressed his concern over Council"s decision to purchase the vehicle analyzer, noting that it was a basic piece of equipment and would need to be upgraded to get the most out of it; and he suggested that someone monitor closely the utilization or non-utilization of this piece of equipment. COUNCIL MEMBER REPORTS Mr. Overson reported that the right-of-way in front of the small unclaimed park at llth and Washington street (in Highland District) would soon be in full bloom - he and his wife completed a "clean up" of the area which when in bloom will bring a bright spot to that area. Mr. Collins reported that the Council met on Saturday to work on goals and objectives.and have scheduled a Retreat to be held April 18 at Gold Mountain Golf Course. Also, Councilmen Johnsonl Hotton and himself met with an individual who will serve as a facilitator for the retreat. Mr. Dawkins reported that the State Legislature is into its last minute budget adjustment and hopefully they will not have to go into a Special Session. It is hoped that the Senate will concur with the House on permanent funding for the ferries. If the ferry funding does not pass on a permanent basis, it will probably be passed for a two year period. Mr. Colvin reported he had an opportunity to hear a presentation by Bremerton Port Commission Larry Stokes and TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 4 of 11 he hoped the Council and the Bremerton Port Commission could meet, informally, to discuss ideas and goals for Br'emerton. Mr. Colvin Announced that the next Sheridan Neighborhood Association's meeting will be March 17 with Mr. Bill Duffy, Utilities Manager, as guest speaker. #1013 Mr. Johnson expressed his disappointment that construction of the Kitsap Lake Park cannot be started until July with completion by October and did not understand why the City cannot find a contractor that is willing to build a boat ramp within a 6 month period. Mr. Johnson pointed out that the Kitsap Lake User Ordinance has still not been brought to Council after being drafted by a citizens committee and he stated his intentions to place it on Council's Agenda for March 16. On the Charter Change Committee issue he is designing a selection procedure and hopes to come up with a workable number and well represented committee - anticipating by mid-April to have the the Committee in place. Relating to this, he received a request from the major Department Heads of the City offering up a major change to the Civil Service procedures and coverage, which will be put through the committee with other requests. Mr. Johnson raised the point, due to the request from the Department Heads, relating to the Personnel Director having signed the Charter Change request as well as serving as the Civil Service Commission Secretary and the possible appearance of fairness aRd conflict of interest it presents. He asked that the City Attorney advise the City Council and the Civil Service Commission as to the propriety of the Director of Personnel continuing as Secretary to the Commission. Ian Sievers, City Attorney stated he would look into the matter. Mr. Waibel stated that as a member of the Puget Sound Region Standing Committee on Transportation he had the opportunity to tour the Bus Tunnel and found it to be very impressive and it will tie directly into the Ferry system when completed. 6B - REQUEST FORAPPROVAL OF PURCHASE OF VEHICLE AND RELATED BUDGET ADJUSTNENT, #AB88-062 Need has arisen to purchase a vehicle which was not anticipated in the 1988 budget. The Budget Adjustment describes the circumstances necessitating the replacement of Vehicle #3037. Rich Hanna, City Treasurer, stated that the Budget Adjustment and Purchase authorization relates to a new pick up truck to be utilized by the Street Department, specifically by a Foreman position that was created in the 1988 budget. M/S/C/U(Crutcher/Hor%on) to approve the purchase of the described vehicle and related budget adjustment. 7A - ORDINANCE $4148 (SECOND READING) A!e~NDED gRaRING EXAMINER ORDINANCE #3960, #AB88-058 Ian Sievers, City Attorney, stated he did a redraft to include a Council appeal procedure following the Hearing Examiner consideration of an appeal but had some questions regarding the present ordinance that the Council needs to TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 5 of 11 #1499 address. Under the ordinance as it stands now he was uncertain if the appeal to City Council involves a de novo hearing of limited to the issues being appealed from the Hearing Examiners decision or whether it is just a review of the record and only a hearing to consider arguments on the written record. The intent may have been to review the record because there is a written transcript that is required to be produced at the cost of the appellant, however, there is an extensive public notice and notice to the parties and speak to a public hearing that will be heard before the City Council. He felt that it was not clear as to what the appeal before Council would be. The redraft is a denovo hearing which allows additional testimony to be taken before the Council only limited to the issues that are being appealed but not on all the issues a/though they may be included on the notice of appeal to Council. The reason this was done was to keep the cost minimal as a verbatim report is very expensive - about $75.00 to transcribe one hour of testimony. In the event that the Council's decision was appealed through Superior Court, an additional transcript would be required which would increase the costs for the appellant. Therefore, the redraft was modeled after the Council appeal of Planning Commission decisions that come to Council - Council hears the matter, it is a de novo hearing and there are.no transcriptions required. Jim Adrian, 621 Washington, questioned the cost to the citizen to file an appeal before the Council - is there an additional $75.00 fee or does the Hearing Examiner Hearing fee carry over? Mr. Sievers stated there is a single $?5.00 fee and is refunded wherever the appellant wins an appeal and there is no additional fee to appeal to the Council. Mr. Adrian felt that it was up to the Council to decide whether or not the appeal would be held behind closed doors but the ordinance, as it is written, does not permit them to do it. Mr. Stevers stated that the Jury System may operate under one set of procedures but,the Council as a quasi judicial body is regulated by the Public Meetings Act, however, there are exceptions listed such as personnel and real estate issues. Mr. Adrian urged Council not to approve the ordinance as it is redrafted and suggested further study be given the ordinance as well as standard instruction sheets explaining the citizens appeal rights and process; and he volunteered his time to work on this issue. Councilmen Colvin and Collins supported delaying action on this item until further study can be completed. M/S/C/U(Overson/Colvin) to table this item for four weeks and put before a Committee of the Council as a whole and these problems be ironed out so everyone understands what the Hearing Examine~ is, what he will do and that all that should be there is included and how it dovetails with the Council. Mr. Johnson requested that Mr. Adrian be invited to the Council Committee meeting to help provide input and background knowledge on this matter. Mr. Hornin~ suggested that Mr. Isbell be included as well as any other person from the public who might be interested to work on this issue. He suggested putting a notice on Channel 29 requesting citizen involvement. ?B - RESOLUTION #2206, ESTABLISHING PROCEDURES RELATED TO PUBLIC NOTICE AND ADOPTION OF THE NEW ZONING ORDINANCE, INCLUDING THE CORRECTION OF ERRORS, #AB88-051 TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 8 of 11 #1889 The new proposed Zoning Ordinance has been recommended by the Planning Commission for City Council approval and will be before Council soon. Prior to scheduling any public hearings or taking any action, it would be beneficial to formalize the most important aspects of this adoption process, specifically "notification" and "correction of 'errors" following adoption. Ron HouGh, Planning, stated the resolution is returning after a couple weeks of study and the main changes to it pertain to notification of up coming public hearings and adoption process of the new Zoning Ordinance. Those changes are incorporated in Section i of the resolution. The first resolution proposed a full page ad in The Sun, some City utility billing notices and possibly some public access television. The new proposal is to expand notification to: Utility Billing, Taxpayer Mail-out, The Sun full page ad, Hearings Notices of public hearings as required by State law, posting all public places such as Post Offices, public libraries, etc., Public Access Television - advertising on the character generator as well as a video presentation, group/organizations meetings, neighborhood groups. The Correction of Errors phase is included which is outlined in an attachment to the resolution and will be formalized through a separate ordinance at a later date. Jim Adrian, 621 Washington, stated he had the opportunity and pleasure to work with Mr. Collins and his Committee to develop the methods of notification and noted it ts very comprehensive plan and demonstrates Council's good faith with the citizens that they have gone the extra mile. Mr. Adrian suggested that Mr. Pratt be supported with staff and back up information to respond to the public once the notification process has started. Grant Osbera, Osberg Construction Co., Seattle, suggested that notification be placed in any construction organization such as AGC, business newspaper within P~get Sound area*to inform any construction company doing business in this area. Bert Ge~ner, 3040 Pawnee Drlve, questioned the section under Correction of Error - asking if the Committee membership and process be part of the ordinance. President Waibel stated yes it will. Mr. Homing stated that as co-chalr of the Committee it was the intent to take advantage of every easy access to the public that is available because funding is limited to carry out this process. Mr. Johnson questioned proper procedure for Councll signature on resolutions, noting that only the Mayor and Clty Clerk's signatures were evident on the proposed resolution. Ian Sievers, City Attorney, stated it was an error on the part of the sponsoring department and they would be notified to correct their process. M/S/C/U(Horntng/Colltns) to approve Resolution #2206, establishing procedures related to public notice and adoption of the new Zoning Ordinance, and including a process for the correction of errors as modified by striking the following words under item (F) "if feasible, a brief"; and on Page 2 of 2 Corrections Of Errors, last paragraph delete: "Depending on the number of corrections to be considered by the City Council". TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 7 of 11 #2286 #2314 #2346 8A - PUBLIC HFJLRING - 10% ANNEXATION PETITION NOTICE OF INTENT: SINCLAIR PARE UTILITY PROPERTY ANNEXATION, (A) 10~ PETITION ACCEPTANCE TO COBeeENCE ANNEXATION, (B) YS~ PETITION HEARING FOR APPROVAL OF ANNEXATION AND (C) ORDINANCE (FIRST READINO), ~AB88-069 The City, represented by Mayor Lobe's signature is petittoning the City Council for Water Utility owned lands south of the City~s boundaries. The City Council may or may not accept a petition from the owners of 10~ of the valuation. After the City votes to accept the petltlon for annexation, and after presentation of a petltion represented by the owners of 75~ of the property value in the area, the Clty Council conducts a hearlng to determine whether r not to annex the properties. A vote ls held on the annexation hearing. If Council approves annexation, a vote on first reading of the Ordinance is held. Ken Huuhes, staff, stated the CltV has been in the process of annexing utility properties and this is the last major acreage for this process. Also, the property under consideration is owned 100~ by the City. Mr. Hornlnc pointed out'~that this is a continuation of the Ctty's effort to protect our Utility and it is appropriate it be done through this method. M/S/C/U(Horning/Colvin) to accept a petition from the owners of 10~ of the valuation of the property described on this annexation section - commonly as Sinclair Park Uttlties Property Annexation. M/S/C/U(Colltns/Crutcher) to accept the 75~ petltton and approve the Sinclair Park Annexation with the following considerations: (1) The area shall assume legal Clty debts; and (2) the current Comprehensive Planning designation shall be applied. M/S/C/U(Horton/Dawkins) to approve Ordinance, on first reading, providing for the annexation of certain territory to the City of Bremerton and incorporating the same within the corporate limits. 8B - PUBLIC HEARING - APPLICATION FOR SHORELINE SUBSTANTIAL DEVRtO~ & CONDITIONAL USE PERMITS, DEVELOPMENT OF A MINI-PARE FOR THE RESIDENTS OF DOCESIDE ON LITSAP LAKE SUBDIVISION (SL-4-87), #AB88-070 The City Council is being requested to approve a Shoreline Substantial Development and a Conditional Use Permit for the development of a private recreational shoreline tract on Lot ? in the recorded Subdivision, Dockside on Eltsap Lake. The proposal is in compliance with the state statues and the Bremerton Shoreline Management Master Program (BSMMP). Ed Davis, Planner, stated that the permit sought by the applicant is for Lot #7, one of 3-4 lots that happen to fall within the 100 ft., of the Osprey protection. Mr. Davis reviewed the background data which included: (A) Shoreline Designation is R-Residential; () Proposed Designation in Update Study - to remain as Residential; (B) Location: 6040 Osprey Circle; (C) Site: approximately 9,727 sq. ft.,; (D) Existing Land Use: undeveloped lot (Proposed Land Use: TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 8 of 11 development of a private waterfront access to Kitsap Lake and mini-park for future residents of the Dockside On Kitsap Lake Subdivision); (E) Existing Zoning - R1 - Residential (proposed zoning recommended to be SF-2 - Single Family Residential with a minimum lot size of 9600 square feet); (F) Comprehensive Plan Designation: Residential, dwelling units per acre; (G) State Environmental Policy Act (SEPA) Compliances: the City of Bremerton as lead agency issued a DNS on February 29, 1988. Also included were departmental and relevant agency responses. Findings Of Facts/Analysis And Conclusions reflect: (A) Approval of a shore Line Substantial Development Permit (SDP) must be based upon the followins: (1) Consistency with the policies and procedures of the State Coastal Management Act. (In Compliance) (2) Consistency with the Bremerton ShoreLine Manage- ment Master Program (BSMMP). (In Compliance) (3) Consistency with the Bremerton Comprehensive Plan and Zoning. (In Compliance) (B) The Approval of a Conditional Use Permit Shall be ~ranted when it has been demonstrated that all of the followinu criteria has been met: (1) The use will cause no unreasonably adverse affects on the environment or other existing or potential uses which are allowed outright in the subject environment. (a) As part of the City's approval of the Sub- Division , numerous conditions were adopted which reduced adverse effects to the environment, such as: Osprey Habitat Manage- ment Plan; a 25 foot Riparian Management Plan; and development of Erosion Control Plan. (2) The use will not interfere with public use of shorelines. (a) The proposed use will not interfere with the public use but will enhance the use of the shoreline. By providing access to the shore- lines the proposed sixty (60) foot pier will be the exception as high speed summer boaters will have to stay away from the shoreline in that area in order to avoid protrusion of the pier into the lake. Also, it should limit high speed water skiers coming close into the shore which might disturb the Osprey. (3) Design of the site will be compatible with the surroundings and the Master Program (a) see under 4(a) (4) The proposed use will not be contrary to the general intent of the Master Program. (a) The requested uses of the site is permitted in the BSMMP and are not contrary to the general intent of the Shore Line Master Program. TAPE #527 City Council Reg. Mtg. Minutes March 9, 1988 Page 9 of 11 CAPE #528 The role of the City Council, acting as the Shorelines Hearings Board, is to evaluate and permit the development according to the Local Shoreline Master Program and in conformance with various state administrative regulations. Mr. Davis stated staff recommends granting the requested applications with the following five conditions: (1) To comply with the Residential Development Regulations Section of the BSMMP, the applicant/developer shall incorporate existing vegetation/trees in a minimum ten (10) foot wide landscaped buffer of evergreen trees and shrubs along the north property line. Along the south property line, the landscaped buffer shall be a minimum width of 12 1/2 feet to compensate for a 7 1/2 foot existing utility easement along the property lien. The buffer shall include any remaining native vegetation and be developed with evergreen trees and shrubs. A path, trail or walk shall be encouraged and permitted in the shoreline vicinity of the southern landscaped buffer to provide access to the dock (or pier). A landscaping plan shall be submitted to the Director of Community Development for review and approval. (2) The floating dock or pier shall be developed in the location shown on the site plan to provide the maximum distance from the Osprey nest and shall not violate the 100 foot radius when the radius is extended west into Kitsap Lake. (3) The proposed floating dock (or pier), gazebo and parking area shall be constructed in compliance with the Osprey Habitat Management Plan. The plan on page 3 states: "No heavy earth moving, (i.e. bulldozers, pile drivers) construction activities can occur within 300 feet of the nest tree during nesting season which occurs between April I and August 31." (4) The applicant/developer shall work with the Superintendent of Utilities (sanitary sewer) of the City to coordinate the location/construction of the pier, (whether floating or on piles) with the location of the existing 15- inch sanitary sewer pressure main that crosses the site (Lot #7) in close proximity to the shoreline of Kitsap Lake. (5) There shall not be permitted any permanent moorage at or in conjunction with the dock. Mr. Davis stated staff, as well as the Kitsap Neighborhood Association, felt strongly that a "mini marina" not be allowed and wished to discourage use of the dock by high speed type boats. Grant Osber~, Osberg Construction Co., stated that the park will be a neat addition for the residents of the subdivision, giving them access to the lake. The plan is to provide a landscaped type park-with a gazebo, providing a place to hold community type activities as well as sales activities. Gll Johnson, Deputy City Clerk, read a letter into the record from Jim Strait, President of Kitsap Lake Neighborhood Association, stating that the Kitsap Lake residents and Kitsap Lake Neighborhood Association find no objections to this request. TAPE #528 City Council Reg. Mtg. Minutes December 16, 1987 Page 10 of 11 #0436 Pat Cater, 109-B Oak, questioned how do the developers intend to keep non-residents from encroaching on this area and if there would be any restroom facilities on site? Mr. Davis stated that would be the responsibility of the Home Owners Association once the development is built out and the developer turns over the common land site to the Home Owners Association. Also, it will probably be signed for "residents only" and if trespassing is a problem then the Bremerton Police Department could be called in. There is no plan to have restroom facilities on the site. Mr. Colvin questioned who would maintain the dock once it was built? Mr. Davis stated that this would be the responsibility of the Home Owners Association. The action before Council is granting the developer the right to go out into the lake to build a dock/pier. The developer has included a drawing of the planned dock/pier. Mr. Johnson questioned what other rights along the shoreline does the developer have, such as swimming areas, etc.? Mr. Davis stated that their only right is what is granted in the Special Use Permit - to extend the dock in the configuration shown in the drawing into the lake. Mr. Collins questioned what is to stop a homeowner from changing the contour of the shoreline so that a private boat could be parked along the edge of the lake? Mr. Davis stated it is hoped that.the subdivision will attract people who will enjoy the area' as it is, however, a neighbor may report the action whereby the Building Official would investig-te and determine if a violation had taken place. Mr. Colvin questioned how much of the Lake would the Home Owners ~aSociation own? Mr. Davis stated actual frontage of the lake is only 60-75 foot frontage - no water is owned by the lots. Mr. Osber~ stated there were some government lots that went into the lake at the time the property was purchased, however, when it was subdivided the property line was limited to the shoreline. Mr. Colvin pointed out that if the lake is public then the pier will be protruding out into a public area. Ian Sievere, City Attorney, stated that the Lake itself is City Park property and under the State Shoreline/Tldeland regulations it is allowable to place a dock out into the water and if this request is approved it includes approval of use of City's underlying property. Mrs. Hotton question what agency controls regulations on Osprey nest. Mr. Davis stated that it was a combination of State agencies and the City working together to approve a plan, which the City adopted, and would be the City's responsibility for enforcement. Mr. Davis noted that there is presently no penalty on record in the event there is a violation. M/S/C/U(Johnson/Colvtn) to approve the Shoreline Substantial Development Permit and Conditional Use Permit for the development of Lot #7 in Dockside on Kitsap Lake Subdivision as it conforms to the goals, policies and regulations of Bremerton Shoreline Management Master Program with the mitigated conditions: (1) To comply with the Residential Development Regulations Section of the BSMMP, the applicant/developer shall incorporate existing vegetation/trees in a minimum ten (10) foot wide landscaped buffer of evergreen trees and shrubs along the north property lien. Along the south property line, the landscaped buffer shall be a minimum width of 12 TAPE #528 City Council Reg. Mtg. Minutes March 9, 1988 Page 11 of 11- 1/2 feet to compensate for a 7 1/2 foot existing utlllty easement along the property line. The buffer shall include any remaining native vegetation and be developed with evergreen trees and shrubs. A path, trail or walk shall be encouraged and permitted in the shoreline vicinity of the southern landscaped buffer to provide access to the dock (or pier). A landscaping plan shall be submitted to the Director of Community Development for review and approval. (2) The floating dock or pier shall be developed in the location shown on the site plan to provide the maximum distance from the osprey nest and shall not violate the 100 foot radius when the radius is extended west into Kitsap Lake. (3) The proposed floating dock (or pier), gazebo and parking area shall be constructed in compliance with the Osprey Habitat Management Plan. The plan states: "No heavy earth moving, (i.e., bulldozers, pile drivers) construction activities can occur within 300 feet of the next tree during nesting season which occurs between April i and August 31." (4) The applicant/developer shall work with the Superintendent of Utilities (sanitary sewer) of the City to coordinate the location/construction of the pier, (whether floating or on piles), with the location of the existing 15- inch sanitary sewer pressure main that crosses the site (Lot #?) in close proximity to the shoreline of Kitsap Lake. (5) There shall not be permitted any permanent moorage at or in conjunction with the dock. With no further business meeting adjourned at 7:45 p.m. EATHLEEN L. MCCLUSKEY, CITY CLERK HANK WAIBEL, Council PresAdent City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault