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HomeMy WebLinkAbout04/13/88TAPE #535 '998 UNAPPROVED DRAFT CITY COUNCIL MEETIN6 MINUTES APRIL 13, 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, April 13, 1988 at 5:30 p.m., with Council President Hank Waibel presiding. Council members present were A1 Colvin, Morrie Dawkins, C. R. "Tiny" Collins, Russ Johnson, Lynn Horton, Lon 0verson, Spencer Homing. Councilman Shirley Marry Crutcher 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 Watbel and Invocation was given by Reverend Darrell Belville of the Bremerton Bible Church. #0028 #0049 CONSENT AGENDA A. Minutes of Meeting Held March 30, 1988, #AB88-095 B. Change Order No. i Kitsap Way - National To Marine Drive Contract #2931, #AB88-096 M/S/C/U(Dawkins/Colvtn) to approve Consent Agenda as presented. CLAIMS/WARMANT 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/Horton) on April 13, 1988, the Council does approve for payment those vouchers included and further described as follows: Warrants Nos. 35~07, 35608, 35609, 35610 and 35815 through 35728 in the total amount of $163,748.46 COUNCIL ME~ER REPORTS Mrs. Hotton artended a meeting of representatives of the Bremerton community regarding the "Spring Clean Up Campaign ~nd announced that the campaign is designed for two phases: Phase I- residential/neighborhood clean up and Phase II- city-wide litter clean up. Community groups will become involved and the Visitor' And Convention Bureau will be distributing 1,000 litter bags. Phase I will take place the week of April 23 through 30th and Phase II will be 2-3 weeks later to include a gathering of clean up volunteers for a dinner or some type of celebration. Mr. Johnson announced the Council's Bulletin Board system is up and running (Telephone No. 478-5261) and by June will be listed in the Puget Sound Computer User Newspaper. Also, plans are under way to input the preliminary Zoning Ordinance, ferry schedule and information from the Visitor and Convention Bureau and Bremerton Main Street Association of up coming events. Mr. Johnson reported he had heard some good comments about Cable TV Access Channel and the fact that people are becoming more aware of it and are enjoying the availability of information. Mr. Johnson stated that the Ad Hoc Charter Change Committee should be getting under way in 2-3 weeks. TAPE #535 City Council Reg. Mtg. Minutes April 13, 1988 Page 2 of 14 Mr. Colvin reported on the Spring Clean Up Campaign Committee's progress and noted the need for lots of publicity from our local newspaper and radio stations. The Committee is recommending that each Council member chair clean up efforts in their district or name someone to lead that effort. Mr. Colvin announced that Helen Smith would chair his District encompassing the Sheridan Neighborhood. Mr. Dawkins artended the Bataan War Veterans Memorial service held April 9, and noted that there were approximately 200+ people gathered for the 1~ hour program. Also, Mr. Dawkins reported that Brem-Air has provided two new garbage receptacles for the City Hall park, replacing two old and battered containers. Mr. Collins attended the Bataan War Veterans Memorial service and noted some very emotional moments during the playing of Taps. Mr. Waibel attended the basketball event between the Bremerton Police Enforcers and the Seahawks players playing to a standing room only crowd - raising $2,500.00 for the Childtens Hospital. PUBLIC RECOGNITION Mayor Gene Lobe read a,~Proclamation honoring our Nation's' flag and what it stands for; and proclaimed June 14, 1988 as NATIONAL FLAG DAY. ~ Mayor Gene Lobe read a Proclamation recognizing Washington's tree resources providing both beauty and economy; and proclaimed April 11 - 15, 1988 as ARBOR WEEK and April lS as ARBOR DAY. Mayor Gene Lobe read a Proclamation recognizing the services provided to the community by public works services relating to health, safety and comfort; and proclaimed the week of May 15 - 21, 1988 as NATIONAL PUBLIC WORKS WEEK. Mayor Gene Lobe read a Proclamation designating the Week of April 23 through 30th as SPRING CLEAN UP WEEK, supported by the Busy Hands Extension Homemakers Group, Sheridan Neighborhood Association, Bremerton Area Chamber of Commerce, Bremerton/Kitsap Visitor & Convention Bureau, Bremerton Main Street Association, elected officials and concerned citizens. Helen Smith, Sheridan Neighborhood A ssociation, accepted the Proclamation and encouraged everyone to Join in the clean up campaign and also invited anyone who does not have an active neighborhood association to ]oin in with the Sheridan Neighborhood Association - who meet the third Wednesday of each month at ?:00 PM. CaDrain Joe Hatfield, Police Department, presented plaques recognizing two City departments for their exemplary work performed for the Police Department and the City as a whole outfitting the new police vehicles - Fleet Maintenance Employees represented by Mr. Nicholls and Brent Turner and Electronics Division represented by Glen Shephard and Allan Jacobs. Captain Hatfield stated that individual letters of appreciation will be sent to each employee within these departments for ;heir contribution. Glen Shephard, Electronics Division stated not all the employees were able to be present at the Council meeting to receive the award TAPE #535 City Council Reg. Mtg. Minutes April 13, 1988 Page 3 of 14 and wanted the public to be aware of their contribution as well. E. L. Sturdivant, 3231 Halverson, reported that the View Ridge neighborhood is in the process of establishing a Neighborhood Association. Mr. Sturdivant expressed concern that citizens living outside of the City of Bremerton are allowed to serve on City Boards and Commissions. He did not support this action and suggested that the Council and Mayor review the membership of each Board and Commission and limit participation to the residents within the City boundaries. Cal 0rmiston, 6531 Lake Drive, requested the Police Department to increase their patrolling in his neighborhood area due to public trespassing on his property while using the Francis Street boat launch. The delay in construction of the new Kitsap Lake boat launch and park area were of a great concern to him as he has had to put up with the public parking in his driveway, on his lawn and even setting up lawn chairs in his front yard. Mr. 0rmiston requested that signs that were previously placed and later torn down by vandals be replaced along with increased patrol by the Police Department. Mr. Ormiston noted that Councilman Russ Johnson had been helpful-and a good neighbor in the past, but at this point needs help from the whole Council to control the problems affecting the residents who live near the Francis Street boat launch. Jim Strait, 6530 Harl~w Drive, President Kitsap Lake Neighborhood Association, stated his support of Mr. 0rmiston's request for increased patrols and replacement of signs near the Francis Street boat launch, directing the public to keep off private property. Also, Mr. Strait questioned who was responsible for enforcement of the ordinance which regulates signs that are placed on the right-of-way? Jim Mackner, 505 8th Street, reported a problem he experienced relating to lights for pedestrians not functioning properly, particularly on 6th and Pacific and a couple down toward Burwell. Arvilla 0hlde, Parks Director, announced for general information that the Kitsap Lake Park boat launch project bid opening will be May 16, before Council on May 25 and anticipated construction to start June 10. Elizabeth Buell, 1722 High Avenue, explained her desire to beautify Bremerton and her efforts toward that goals by decorating/dressing up her garbage can. 6A - ORDINANCE (FIRST READING) WATERCRAFT REGULATIONS FOR KITSAP LAKE, #AB88-071 Arvilla 0hlde, Parks Director, stated that all input received the previous week along with the Attorney's concerns were reviewed and a clean draft of the ordinance prepared for presentation to Council. Mr. Johnson thanked all the citizens and everyone who had input into the proposed ordinance and felt that Council may want to discuss further two areas: (1) should there be an early morning cut off for boat users? (Mr. Johnson felt that if a time was stipulated a review period should be set to see how well it was working); (2) placement of the buoys TAPE #535 City Council Reg. Mtg. Minutes April 13, 1988 Page 4 of [4 #1267 around the lake (Mr. Johnson preferred the Parks Director have the discretion in placement of the buoys for safety purposes in instances where the 200 ft. boundary is not feasible). Mr. Dawkins suggested that a report be provided Council. on the workability of the ordinance after the first six months and not wait for a year or more for a review. Ms. Ohlde stated she did not think there would be an increase in public use until the new park and boatlaunch area is built. Jim Strait, President of Kitsap Lake Neighborhood Association, volunteered to monitor activities on the lake and report back to Council after the ordinance has gone into affect. President Waibel announced that no-wake speed is recognized by the Boating Association as 3 mph. M/S/C/U(Johnson/Colvin) to approve Ordinance, reading, watercraft regulations for Kitsap Lake. or first 6B - ORDINANCE (FIRST READING] PROHIBITING PUBLIC PARKING IN PLANTING STRIPS AND AMENDING CHAPTER 10.09 B.M.C., #AB88--097 At present, Chapter 10.09 allows parking in the right-of-way between the curb and private property unless restricted by signs. Sidewalks located in this strip are not addressed, and the regulation creates a conflict with the Model Traffic Ordinance adopted by the City which states that no person shall park a vehicle on a sidewalk or street planting strip. Many unrestricted areas in the City have a planting strip too narrow to park wi~hout partially encroaching on the sidewalk or the street. c In addition, the requirement that the public use as unpaved portion of the right-of-way or sidewalk for parking may expose the City to damages to repair of sidewalks and private utility lines. It also creates a risk of suit for injuries incurred in unmaintained strips and for obstructing handicapped access to sidewalks. Ian Sievers, City Attorney, briefly described the background which generated the proposed ordinance, noting that Councilman Collins had requested that he look into the conflicting and confusing area of the City's regulation sometime last fall and he held off further study until the Traffic Commission was established so that that group could take it under advisement and make recommendations. The Traffic Commission did discuss on several occasions this issue but an easy solution was not visible, i.e., one- way streets was considered but might create some traffic hazards at intersections near the shipyard; also considered was one lane of traffic but two ways - that also presented some unacceptable risks and only possible if the streets had very limited traffic volumes. The proposed ordinance is a compromise, the strip width is ~ foot under the acceptable minimum width for a compact size parking space, mud and ruts were eliminated by requiring hard surface paving and also the hazard of going over a right angle curb by requiring curb cuts. Mr. Sievers stated that parking on planting strips is not unique to Bremerton and the City has in place Parking Zones which gives priority to residential parking and protects their parking from dominate uses. Mr. Sievers stated that some of the reasons to change the situation now are: (1) enforcement - conflict with the Model Traffic Ordinance; (2) general liability - many lawsuits have been upheld against cities for various areas of neglect; (3) Liability for repair of sidewalks and sewer/water services - TAPE #535 City Council Reg. Mtg. Minutes April 13, 1988 Page 5 of 1~ ordinances are in place that reflect State Law that requires property owners to cover repair of areas that are up to the right-of-way or street. When the City seizes the public-right-way and posts that it may be used for public parking. the liability for any repairs shifts to the City; (4) creates uncertainly whether or not parking is allowed in areas where there are no signs at all either telling them to park or not to park; (5) basic function of local government resolve conflicting land uses - here we are not only ignoring conflicts but also creating a conflicts. Mr. Sievers further explained that when people come to the Engineering Department to get approved paving of areas that qualified they would be required to remove the curb entirely, however, would not be required for areas already paved and of sufficient width. Dave Baker, City Engineer, stated he had spoken on this subject for 4-5 year when it became evident that the City was putting itself in jeopardy when telling the people to park on places, sidewalks particularly, by means of signs and those sidewalks then becoming the responsibility of the property owner to make any needed repairs. Andrew ParVpa, 1122 Hayward, thanked the Council, Mayor and City Attorney for addressing this issue, he supported the proposed ordinance even though it will create parking problems but will help t~ stop development of injury traps. Elizabeth Buell, 1722 High Avenue, ask for clarification regarding "where sidewalks become street because there is no curb then vehicles should not park on the sidewalk"? President Waibel stated there is a State Law which states vehicles are not to be parked on sidewalks and the City does have a conflict at this time. Mr. Collins stated his appreciation of the attempt by staff, however, they were too hasty in their recommendation. Mr. Collins related his personal parking situation in front of his residence and supported starting discussions of one-way streets in residential areas. Mr. Collins suggested this issue go back to the Traffic Commission for further study. Mr. Sievers stated that the one-way grid idea was reviewed, however, it was determined' that the City did not have the resources. Mr. Overson stated other cities do not park on planting strips and work around it which is what the City of Bremerton will have to do. But, he was concerned with how the ordinance would be implemented if approved. Mr. Dawkins expressed concern as to the City's ability to enforce the proposed ordinance due to lack of staff. Mr. Baker stated that the City did not have adequate staff, however, it could be handled as people would come in for permits on an individual basis and eventually, as the City's street and curb inventory is completed, the information would become available. Mr. Colvin questioned if there were areas where exceptions could be made? Mr. Baker stated that exceptions would be difficult when upholding State laws. Mr. Baker stated that there are planting strips in the City which have adequate width to allow parking if there is a rolled curb, paved, etc. There are many areas throughout the City where TAPE #535 City Council Reg. Mtg. Minutes April 13, 1988 Page 6 of 14 the planting strip is not wide enough for parking and no parking would be allowed on those planting strips. Mr. Sievers stated that if the situation exists that there is not ? feet so the minimum cost can be incurred to cover paving between the sidewalk and curb, you could possibility obtain a right-of-way construction permit from Engineering, which would cost more, but could be made a non-planting strip by taking out the curb and making it into a parking bay. It is more costly but would allow use of the right-of- way if Engineering approved the rest of the width of the street for two-way traffic. Mr. Baker stated another alternative was to go to parking on only one side of the street going both ways or both sides of the street going one-way. Another concern relating to this alternative would have to do with the circulation of traffic and its affect on surrounding streets. Mr. Collins again suggested further study and possibly looking at street -by-street to find a solution to this problem. Mr. Dawkins questioned the right of abutting property owners to place something in the planting strip to stop parking and did the City have the right to remove such items? Mr. Baker stated there are some instances where rocks have been placed on the planting strip. Mr. Sievers stated that the property owner could control the planting strip unless the City has made it a par~ of the right-of-way through the City's development and could plant trees/flowers or place rocks. President Waibel~pointed out that the citizens in a particular area could ~develop the planting strips for parking through an LID. Mr. Sievers stated the LID process could be an option for some areas that are heavily impacted. Mrs. Horton questioned how many miles of strip parking would be involved? Mr. Baker stated he was not sure how many miles or number of people who would be evicted from parking if this proposal is approved. Mrs. Hotton questioned if a survey had been taken from residences to find out their response to such a proposal? Mr. Baker stated numerous complaints had come in from property owners who have been asked to repair their sidewalk after someone other then themselves have parked and damaged the sidewalk, however, a particular survey on this proposal had not been undertaken. Mr. Johnson pointed out some roadways do not have curbs and sidewalks and questioned what type of parking would be considered legal. Mr. Sievers stated that parking on the shoulder of the road is allowed because it is not designated a "planting strip", as long as there is no blocking a lane of traffic. Mr. Overson questioned if it was legal to parking in front yards? Mr. Baker stated if the vehicle is parked in the right-of-way in front of their residence they are legal. Mr. Sievers stated they are not in their front yard unless they are on their private property. Mr. Johnson supported the idea of further study, considering the possibility of one-way streets and other alternatives, possibly using the Traffic Safety Commission to review specific areas one at a time. President Waibel ~tated he could not envision an ordinance that is going to carve up the City saying that one law applies to one area and another law applies somewhere else. TAPE #535 City Council Reg. Mtg. Minutes April 13, 1988 Page 7 of 14 #2701 A law needs to be responded by all people changes are necessary. to whatever Mr. Hornin~ stated his support of this proposal to limit the City's liability. in order M/S/C(Overson/Horton) to approve Ordinance, on first reading, prohibiting public parking in planting strips and amending Chapter 10.09 of the Bremerton Municipal Code. VOTE: In Favor: Oppose: Abstain: Overson, Hotton, Homing, Waibel Collins, Dawkins, Colvin Johnson 7A - PUBLIC HEARING - SPECIAL USE PERMIT APPLICATION OF FOREST LAWN CEMETERY FOR EXPANSION AND MAUSOLEUM CONSTRUCTION AT 5409 KITSAP WAY, #AB88-100 The Planning Commission, at their regular meeting on March 15, 1988, voted 8 to 0 recommending approval of the Special Use Permit to expand the Forest Lawn Cemetery and permit construction of additional mausoleums. This recommendation is accompanied by several specific conditions stated in the requested Model Motion (Exhibit #1). The Special Use Permit process for cemeteries as stated in Section 308.1 of the Zoning Ordinance requires City Council approval. President Waibel asked the "Appearance of Fairness/Conflict Of Interest" question with all Council members being seated. Jack Allinuham, Planning Department, briefly reviewed the purpose of the requested action and noted that the R-1 zoning had made this a somewhat difficult application to evaluate because a cemetery is not residential in nature. Staff report speaks to some guidelines used in developing the recommendation that was submitted to the Planning Commission and is now before the Council. Mr. Allin~ham described the site in the application as being approximately 4 acres. The cemetery is partially ine Kitsap County The review of the proposal is for only the two areas that are being expanded within the City limits. One areais along Pleasant Avenue which will be used for future burial section and the second area (larger of the two) borders along Wilmont Street to the west of the site and it contains future areas for three proposed mausoleum sites. Mausoleum- "A" is proposed to expand across the City boundary into the County and the County was made aware of this proposal through the SEPA proposal. The Comprehensive Plan's designation for the site is Open Space and the the Staff Report contains several conditions which this proposal is consistent with. Mr. Allinuham read into the record the proposed Model Motion which includes development standards for the proposal. Mr. Allingham noted photographs were available if needed. Don Pratt, Director of Community Development, announced that the Kitsap Lake Neighborhood Association supported the proposed project. rAPE #536 Mr. Johnson expressed concern as to significant drainage problems along Wilmont as it goes up the steep hill, with washing out conditions during winter and noted it was not addressed in the staff report. Mr. Allin~ham stated he had visited the site and was of the opinion that Wtlmont is TAPE #536 REg. City Council Mtg. Minutes April 13, 1988 Page 8 of 14 #0030 sufficiently above the grade of the pro'posed construction and expansion of the cemetery. Mrs. Hotton questioned Condition #3 - was the 5 foot landscape buffer height or width? Mr. Allin~ham noted it was width. Mrs. Hotton stated that notation of "width" should be added to make the meaning clear. President Waibel suggested modifying the model motion to include the wording: "5 feet width of landscape buffer". Mr. Dawkins questioned inclusion of any additional visitor parking? Mr. Allin~ham stated the site plan does not designate parking in these areas. President Waibel questioned the last portion of Condition #3, relating to landscape plan review by the Director of Community Development, and suggested that the Director of Community Development approve the landscaping plan prior to implementation of the Special Use Permit. M/S/C/U(Colvin/Horning) to sustain the Planning Commission's recommendation of approval for a Special Use Permit sub3ect to the following conditions and recommended changes noted above: 1. This approval pertains to the addition of the cemetery as designated on the site plan Art. I (in the staff report). Uses allowed shall be gr~ve sites, mausoleums, and internal service driveS. No other structures or facilities are permitted without furthe~ review. 2. All vehicle circulation, parking and internal service drives shall be paved. Run off from the site shall be retained in a manner acceptable to the Engineering Department. 3. A minimum of 5 feet width of landscaped buffer acceptable to the Director of Community Dqvelopment shall be provided along the property lines. A landscaping plan shall be submitted to the Director of Community Development for approval prior to implementation. 4. The proposed mausoleums shall be constructed with setbacks as follows: A. Mausoleum "A", as identified on Art. I (in the staff report), shall maintain the required front yard setback from Wilmont Street and the side yard setback from the western property line as required by the zoning in effect at the time of construction. B. Mausoleum "B", as identified on Art. I ( in the staff report), shall be constructed in the location as proposed. C. Mausoleum "C", as identified on Att. I (in the staff report), shall maintain a minimum 5-foot setback from Wilmont Street if 50~ or more of the structure can be constructed below grade. Otherwise, the structure shall maintain the front yard setback required by the zoning in effect at the time of construction. 5. Mausoleums proposed to be constructed shall be designed to minimize view blockage of residences from the hills above the cemetery. TheY shall be similar in design to the existing mausoleum on the site. Mausoleum "A" shall be limited in height to a maximum of 15' above grade. TAPE #536 City Council Reg. Mtg. Minutes April 13, 1988 Page 9 of 14 7B - PUBLIC HEARING - APPLICATION FOR SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR CENTRAL BREMERTON WASTEWATER IMPROVEMENTS, #ABS8--101 The City Council, as the Shorelines Hearing Board of the City of Bremerton is requested to approve a Shoreline Development Permit for the reconstruction of a pump station at the foot of Second Street, and approximately 11200 feet of sewage transmission lines (within the Shoreline area), as part of a larger project with new transmission lines extending west to North Montgomery' Avenue and reconstruction of another pump station. President Waibel asked the "Appearance of Fairness/Conflict of Interest" question with all Council members being seated. Ed Davis, of the Department of Community Development, stated the current Shoreline designation is Commercial and the proposed designation in the updated study is to become Downtown Waterfront/Upland (DW/U), which is primarily Commercial. Mr. Davis stated the transmission facilities will traverse underground the waterfront area from the south side of the WSDOT Ferry Terminal property to Burwell Street on the north. The-distance from mean high tide will range upland from approximately 240 feet on the south at the connection to the Puget Sound Naval Shipyard sewer to the to-be-modified or reconstructed pump station (#CE-4A) at the east end of Second Street, just above the existing concrete bulkhead. The pump station with the to-be-reconstructed view platform above, wAIl be the only visible above ground facility of the proposed project in the shoreline area. From the pump station, a force main will traverse the block between Second Street and Burwell then continue west along Burwell Street to a second pump station at the intersection of Warren Avenue and Burwell Street. A small gravity flow sewer line will be installed between Burwell and Second Street. The transmission lines will travel through existing parking lots from the southern connection to the area on the northwest at Burwell Street and Washington Avenue. Mr. Davis stated City Council approval of a Shoreline Substantial Development Permit must be based upon the following items: 1. Consistency with the policies and procedures of the State Coastal Management Act. 2. Consistency with the Bremerton Shoreline Management Master Program (BSMMP). 3. Consistency with the Bremerton Comprehensive Plan and Zoning. Mr. Davis noted that the staff report includes a quote from the Shoreline Master Management Program: "Plan for and encourage development of facilities for recreational use of the Shorelines" and pointed out Bremerton's forward position on this with the construction of a small, passive amenity view tower on the site of the existing as well as proposed pump station on Second Street. The plan provided to Council also shows the relocation of the existing flag pole to a location about 20 away. Staff recommends approval based on the adopted ...Shorelines Program and feels it has complied with all of the requirements. Mr. Davis noted there' will be an 8" gravity flow line traversing from TAPE #536 City Council Reg. Mtg. Minutes April 13, 1988 Page 10 of 14 Burwell back to the pump station. This is being included in the Shoreline Permit for approval even though lines 8" or smaller do not need a Shoreline Permit, however, it was viewed that this was part of the whole project and was included. Mr. Collins stated that this project has been looked at by. the Council ever since serving on the Council and felt it was absolutely necessary to proceed with the project in order to get on with the development of downtown. Mr. Colvin questioned if the pump station needed repair would the platform need to be removed? Bill DuffV, Utilities Director, stated no, the design built into the pump station allows for repairs and removal of the pumps through manholes in the top section. Mr. Johnson questioned if there was anything in the pump station that would have to be repaired, install equipment, access etc., to require moving the tower again. Mr. Duffy stated no. Mr. Johnson questioned the designation of space for a "Harbor Master". Mr. DuffV explained that discussions had taken place with the Port of Bremerton regarding the possibility of having an office space and shower space in the Pump Station for use by the Port. At this point the Port is looking at space for showers in lieu of Harbor Master office space. Mr. Dully noted that effort is under way to identify funding for inclusion of this added space to the pump station, they are included in the design concept, but funding has not been identified yet. Don Pratt, Director Of Community Development, stated he is currently negotiating with the Port of Bremerton and the Department of Fisheries over the floating/fishing pier that could act as a breakwater. If that happens the Port of Bremerton is contemplating building a marina. At the time the City was developing the subject project one thought was... it may be cost effective for the City to look at placing some of the needed facilities that would have to be developed in this structure now - it may be a good location. If it happens, it would require the allocation of funding either by the City Council or the Port Commission apart from what has already been allocated. Mr. Pratt stated Council is not making a commitment, only approving a permit and design process and if funding did come through with subsequent action taken at that time by Council, then the design is all in place. Mr. Johnson stated as a general comment from Council, that they want to be part of the dialogue of what is happening on the waterfront. Mr. Pratt stated the Waterfront Development Plan is scheduled for final vote and recommendation of the Planning Commission to Council on April 19. Mr. Overson questioned if the design for placement of the stairway for the tower would deter usage due to congestion? Mr. Dully pointed out this design concept was discussed with Council at a Study Session and redesigned based on input from that session. President Waibel questioned if the design took advantage of the current stairway? Mr. DuffV stated no, the intent is to maintain the existing stairway and move it along with the existing tower to a future location. President Waibel questioned if the stairway could be placed on a southern approach which exits on the street (being counter clockwise)? Mr. Duffy stated yes, as long as it did not block any access to the building. Mr. Pratt stated that if Council approves the permit based on the TAPE #536 City Council Reg. Mtg. Minutes April 13, 1988 'c' Page 11 of 1,4 proposed plans these plans can be amended administratively without coming back to Council. If Mr. Duffy determined that the stairs needed to be reconfigured...that would be considered an administrative amendment to the Shoreline Permit. Council is not being asked to approve a plan but to approve a permit. Mr. Hornin~ questioned if the issue did not include approving a design which included the formation of outside walls (including area labeled restrooms and Harbor Master office) without getting into the interior work? Mr. Pratt stated Council is being asked to issue a permit to allow Mr. Duffy to construct the facility as shown in the design which does include the outside walls of the areas designated as restrooms and Harbor Masters office area. If approved, the issuance of this permit would allow Mr. Duffy to build something less than the design shown, which would be considered as an administrative amendment to the Shorelines Permit. Mrs. Hotton questioned if another entity builds a Harbor Masters office and the design is changed, will it come back to Council for approval? Mr. Pratt quoted from the Ordinance - Revision Of Shoreline Master Permits.. "when an applican~ seeks to revise a Substantial Shoreline Development Permit the applicant shall provide to the Planning Department detai/ed plans and text describing the proposed changes in the permit. (1) If it is determined that the proposed changes are within the scope and intent of the original permit a revision-shall be approved; (2) within the scope and intent ~of the original permit shall be construed to mean the following - we have ruled that all three of these must be ~ ~swered yes in order to say that it is within the scope and ~ntent: (1) no additional over water construction will be in'xolved (answer is yes); (2)(a) no lot coverage in height may De increased a maximum of 10~ from the provision of the original permit. (b) More than 10~ height and lot coverage provided the revisions involving new structures not shown on the original site plan shall require a new Substantial Development Permit. Further provided, any revisions authorized under this subsection shall not exceed height, lot coverage or set back or any other requirements of the Master Program. Landscaping may be added to a project without necessitating application for a new Substantial Development Permit provided the landscaping is consistent with conditions attached to the original permit and is consistent with the Master Program. (c) No additional significant environmental impact will be caused by the project revision. Leaving off the rerstrooms, Mr. Pratt would find a "yes" answer to all three of the cited conditions and would issue an administrative revision. If the answer is no to any of the three conditions then it would come back to a new Shoreline Permit. Mr. Dawkins stated his support for the restroom facilities and Harbor Master office for future use by visitors to our city~ Mrs. Hotton emphasized the importance of the Council working together with the Port of Bremerton on any development on the waterfront. Mr. Pratt stated, as both a Shorelines Plan Administrator and as staff for the waterfront project .... in order to implement cooperative efforts described he suggested approval of this plan minus the restrooms and Harbpr Master office area. Deleting these areas at this time is not a fatal blow to the wastewater project. Mrs. Hotton stated her desire to keep the Council TAPE #536 city Council Reg. Mtg. Minutes April 13, 1988 Page 12 of ~- #1818 #1978 involved so that they would have final review and veto power if necessary. Mr. Pratt stated that to implement that intent the permit should be issued as designed and in a separate action require the Mayor to submit to Council for plan approval only, not permit approval, any negotiations with the Port of Bremerton for occupation of that site. Ian Sievers, City Attorney, stated in his opinion it is Council's choice to approve development on the City's real property...the Mayor and administrative staff are more charged with maintenance, repairs, minor things, but when creating an asset the design approval has to come back to the Council. He did not support a secondary Substantial Shoreline Permit due to the lengthy process. So, it should probably be approved as presented but clarified that if those two room areas are to be removed by Council review or by recommendation of the administration it does not affect the granting of the permit. Mr. Hornino stated he wanted to approve everything as presented but with final approval of the physical property to be brought back to Council. Mr. Pratt questioned for clarification - whether Council gets the plan approval back before bid or before construction? Mr. DuffV explained that the waStewater project is funded through a DOE Grant and is held to some time lines - advertising for bid must happen by August 1, then back up the process about 60 says to submit the design to DOE. Mr. Sievers requested COuncil to clarify if the motion on the Shoreline permit is,approving inclusion of the two room areas or if they are no~ part a necessary part of the final design. Mr. Pratt suggested that if the Shoreline Permit is approved at this time for the facility minus the restrooms and Harbor Master office area Mr. Duffy could proceed with his schedules. -Design work could be continued on future uses and if desired come back to Council with a second Shoreline Permit request. Mrs. Horton questioned if the plan is accepted as presented can it be ,said that if there are any changes to the exterior it will come back to Council. Mr. DuffV stated his preference to approve the plan less the restroom facilities. Actual construction on · the building will probably not happen until mid 1989 so the two issues could be treated separately. M/S/F(Collins/Dawkins) to approve the Shorelines Substantial Development Permit for the development of a modified pump station, approximately 1200 feet of new sewage transmission line for the shoreline area between the southern boundary of the Washington State Department of Transportation Ferry Terminal property and Burwell Street. Vote: In Favor: Oppose: Colvin, Horning, Collins, Dawkins Johnson,.0verson, Horton, Waibel, Motion Fails. M/S/C(Dawkins/Horning) to approve the Shoreline Substantial Development Permit for the development of a modified pump station and approximately 1200 feet of new sewage transmission lines in the shoreline area between the southern boundary of the Washington State Department of Transportation Ferry Terminal property and Burwell Street and we direct the Mayor to return final building designs to this Council for approval and acceptance. Vote: In Favor: Johnson, Overson, Horton, Horning, Waibel, Colvin, Dawkins TAPE #536 City Council Reg. Mtg. Minutes April 13, 1988 Page 13 of 14 Oppose: Collins #2165 6C - ORDINANCE #4151 (SECOND READING) ORGANIZATION ORDINANCE FOR COB~UNITY DEVELOPMENT DEPARTMENT, #AB88-092 M/S/C/U(Dawkins/Johnson) to approve Ordinance #4151, on second reading, governing the Department of Community Development. #2199 6D - ORDINANCE #4152 (SECOND READING) ORGANIZATION ORDINANCE FOR CITY ATTORNEY'S OFFICE, #AB88-'093 M/S/C/U(Johnson/Colvin) to approve Ordinance #4152, on second reading, governing the office of City Attorney. #2253 #2320 #2486 6E - ORDINANCE ~4153 (SECOND READING) ORGANIZATION ORDINANCE FOR PUBLIC WORKS DEPARTMENT, #AB88-084 Eathleen McCluskey, City Clerk, stated that two changes made during first reading were incorporated into the proposed ordinance. M/S/C/U(Dawkins/Colvin) to approve Ordinance #4153, on second reading, governing the department of Public Works, including the following changes: (1) Section .020(A).."Streets. This division shall be managed by the Streets Superintendent under the supervision of the City Engineer. (2) Sectlon =.020(D)(lt).."maintenance of City owned property maps, surveys, and legal descriptions". 6F - RESOLUTION #2213, AMENDING RESOLUTION 2210, CHANGING THE NUMBER OF COUNCIL MEMBERS TO (4) TO SERVE ON THE AD HOC CHARTER CHANGE COMMITTEE, #AB88-098 M/S/C/U(Colvin/Collins) to approve Resolution #2213, amending Resolution 2210, changing the number of Council members to (4) to serve on the Ad Hoc Charter Change Committee. PreSident Waibel announced Councilman Russ Johnson would serve as Chairman of the Ad Hoc Charter Committee. Also serving will on the committee will be Councilmen Tiny Collins, Spencer Homing and A1Colvin. Mr. Johnson announced applications for citizen participation on the Ad Hoc committee should be forwarded to Merilynn Erhart, Council Legislative Assistant/City Council Office. Also, the first meeting of the Council members on the Committee will be Monday, April 18, 5:00 p.m., in the Council Conference Room to determine the deadline for receiving applications. 6G - RESOLUTION #2214, SETTING A PUBLIC HEARING FOR VACATION OF A PORTION OF BLAINE STREET AND ADJACENT RIGNTS-OF--WAY, #AB88-099 M/S/C/U(Collins/Horton) approval of Resolution #2214, setting a hearing date on May 4, 1988. With no further business meeting adjourned at 8:40 p.m. TAPE #536 City Council Reg. Mtg. Minutes April 13, 1988 Page 14 of 14 HANK WAIBEL, Council President City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault KATHLEEN L. MCCLUSKEY, CITY CLERK