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HomeMy WebLinkAbout02/04/87TAPE #421 UNAPPROVED DRAFT #0015 #0032 CITY COUNCIL MEETING MINUTES FEBRUARY 4, 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, February 4, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Lon Overson, Mottie Dawkins, Marry Crutcher, Hank Waibei, "Tiny" Collins, Mary Lou Long, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Horninq with Pastor George Brown of First United Methodist Church, giving the Invocation. CONSENT AGENDA Item #A - Minutes of January 28, 1987, #AB87-035 M/S/C/U(Waibel/Overson) to approve the Consent Agenda as presented. CLAIMS/WARRANTS REGISTER Vouchers audited and certified. by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. M/S/C/U(Crutcher/Colvin) on February 4, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants #27713 - #27865 in the total amount of $190,111.95, and Employee Payroll Vouchers in the total amount of $324,127.92 and Retirees Payroll Vouchers in the total amount of $46,648.36. PROCLAMATION A proclamation by Mayor Gene Lobe was read proclaiming 1987 the "YEAR OF THE CLEAN-UP" and commending the Busy Hands Extension Homemakers group for their dedication and determination to help make Bremerton beautiful and a city to be proud of. Proclamation was received by Mrs. Mary Drouin, Mrs. Gerry Hendry and Mary Fran O'Neil, members of the Busy Hands Extension Homemakers group. Mrs. Mary Drouin announced many activities scheduled to take place. Mr. Phil Drouin, 102 Olympic Avenue stated that small things can be accomplished with cooperation in working together. He stressed importance of cleaning up "junk cars" in the City and that this is not just the Mayor's responsibility. He personally will undertake picking up littler on First Street between Naval and Callow and seeking the neighbors cooperation, in that area to help maintain it. He hopes that the Council members will challenge each other to sponsoring clean up effort in each of their districts. He hopes the city can say "Welcome Aboard Nimitz and please help us keep our city clean". PUBLIC RECOGNITION President Spencer Horninq introduced Mr. Tom Quigley, Merit Badge Counselor for Boy Scouts and Boy Scouts Ian Quigley, Tom McGrath, Steve McGrath , Tom Tafiin, and Matt Zatleff, who are working on their merit badge titled TAPE #421 City Council Reg. Mtg. Minutes February 4, 1987 Page 2 of 6 "Citizenship In The Community". Mr. Qui~lev stated Scouts are required to review the ~ity's budget, which they have, and attend a public session. He thanked President Homing for his assistance and tour of City Hall. COUNCIL MEMBER REPORTS Mr Colvin reported that Kitsap Regional Library has a "Black History Week" display and invites everyone to take the opportunity to view it. He also stated that on February 19, at the Sheridan Neighborhood Association meeting, Acting Chief joe Hatfield will make a presentation on "drug abuses and related items in the neighborhood" and urges anyone interested to attend. Mrs. Lonq stated she artended Council Public Safety Committee today where Acting Chief Hatfield and Chief Leonard Marks gave reports on what was happening in their departments. She also reported that Chief Marks is in negotiations with Fire District #9 to provide paramedic and fire services. Mr. Collins stated that Council Operations Committee will meet every Wednesday at 3:30 p.m., in Room 206 - this is an open meeting. He reported that minutes of the january 28th committee meeting are distributed; also it is intent of the committee that Council members' shall receive a copy of the agenda for the next scheduled meeting. Committee action will be taken on developing a plan to honor employees who have made significant contributions, saving money, saved lives, etc. An invitation from the Bremerton High School Civics Class has been extended to. Council for Council members to attend a Civics Class in March and he is looking for volunteers. Mr. Overson stated Fiscal/Budget "Resource Management" Committee will meet Thursday, February 5, 4:30 p.m., in Council Conference Room. Mr. Crutcher reported that he had artended Kitsap Community Action program on Thursday, January 29 and he has asked KCAP President Larry Eyer to make a report to Council quarterly. He artended a workshop on Saturday, January 30, presented by Governor Gardner's office. He announced that Mr. Larry Green was selected as the Regional Head of the NAACP for Oregon, Washington, Idaho and Montana. He challenged the Council for 100% membership in the NAACP. Mr. Waibel announced that the Fiscal/Budget "Resource Management" Committee will hold future meetings the second and fourth Thursday of each month. Mr. Homing reported that Marine Drive residents have been carrying out an on-going clean up campaign - people who walk the area pick up litter and place in residential garbage cans along the way. He reported that Goldberg Jewelers have decided to keep open their downtown Bremerton store because of their customers desire for them to remain where they are. Mr. Homing introduced Mr. Larry Green, newly elected Northwest Region Chairman of the NAACP. Mr. Larry Green, NAACP, expressed his commitment to continue working to overcome racism and work for equality for all minorities. He thanked Mr. Crutcher and Mrs. Long for their support in attending local functions sponsored by the NAACP. 6A - TELECOMMUNICATIONS SITE ACCESS AGREEMENT, #AB87-036 Kelly Communications Company has requested permission from the Water Utility to install a transmitting antenna, together with a paging system transmitter, at the Utility's Reservoir #15 site located at 1925 Cheryl Street. Bill Duffy, Water Superintendent, stated the location of the site is south of Riddell Rd. and is to be attached to the TAPE #421 City Council Reg. Mtg. Minutes February 4, 198 Page 3 of 6 #1155 #1431 #1508 large antenna. Mr. Waibel raised a question regarding "selling" communications services. M/S/C/U(Waibel/Long) that the City Council authorize the Mayor and City Clerk to sign on behalf of the City the agreement with Kelley Communications with an amendment to the contract under Section 2 to include the word "providing" replacing the word "selling" 6B - CONTRACT BREMERTON/KITSAP COUNTY VISITOR & CONVENTION BUREAU, #AB87-037 During the budget process, the City Council approved funding for the VCB in the amount of $45,000 in 1987, with monthly payments of $3,750 to the VCB Mrs. Lonq stated she would not support approving this contract because the organizations had previously said they would be self-sustaining and as of this date are not. Mr. Collins, Mr. Colvin, Mr. Crutcher, Mr. Dawkins, Mr. Overson, each related recent incidents where the VCB had provided extensive support and prepared programs promoting Bremerton and bringing convention trade to Bremerton and Kitsap County. M/S/C(Overson/Coiiins) to approve 1987 contract in the amount of $45,000 for the Bremerton/Kitsap County Visitor and Convention Bureau. Vote: In favor: Against: Abstain: Overson, Crutcher, Waibel, Homing, Collins, Colvin, Johnson Long Dawkins (due to membership on VCB Board) 7A - ORDINANCE (FIRST READING) VACATING A PORTION OF AN ALLEY AND PORTER STREET ABUTTING BLOCK 7 PORT ORCHARD ADDITION, #AB86-48~ Continuation of request by Kimberly Karen Masters. owner of property on south Charleston requesting that the north ~ of Porter Street and the south ~ of the alley abutting lots 6,7,8, Block 7 of Port Orchard Addition, as per plat, be vacated by operation of law. City Attorney Ian Sievers reported that annexation date was after 1909 so this had vested in the abutting property owner by operation of law and proper for Council to proceed with vacation by operation of law. Mr. Horninq questioned having to reopen for public testimony. Mr. Sievers responded it was not necessary. M/S/C/U(Waibel/Dawkins) to approve Ordinance, first reading, vacating a portion of an alley and Porter Street abutting Block 7, "Port Orchard Addition". Mr. Homing announced that due to incorrect information the Bremerton School District Appeal is not being heard on this date. 8A - WESTVIEW SUBDIVISION ON PRELIMINARY PLAT AND SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - PRICE ROAD AND HARLOW DRII/E,#AB87-034 Ms. McCiuskey stated this is a continuation from the January 28, 1987 Council meeting. President Homing asked the "Appearance of Fairness/Conflict of Interest "question with all Council remaining seated. Don Pratt, Planning Director, gave a brief recap of information covered during previous hearings. He stated the Westview Plat Project involves both a Shoreline Permit and a Preliminary Plat approval requiring two separate action by Council. TAPE #421 City Council Reg. Mtg. Minutes February 4, 1987 Page 4 of 6 Tape #422 Dave Hanna, Planner, gave staff report which included particular facts about the development, the concerns of the Planning Commission during their review and their response and recommendations provided in the Findings of Fact. Mr. Hanna reconstructed the actions taken by the Planning Department and applicant in addressing concerns in the following areas: (1)traffic, (2) parks and open spaces, (8) stormwater detention (4) Osprey habitat, (5) air quality. Mr. Hanna gave an indepth report on the Osprey issue, recounting the meetings between Parks Department and applicant, discussions with State Department of Game at which time the best methods to deal with protecting the osprey habitat were developed, meeting all State regulations. Mr. Hanna stated that the neighbors in the area reported a Bald Eagle in the area and this presented additional need to investigate State rules and regulations. He noted that after the recent storm the Osprey nest is no longer evident. Mr. Hanna contacted Mr. Merker of the State Game Department and informed him of the change in condition and Mr. Merker suggested conditioning the plat to allow the developer and Department of Game to continue to work together to deal with the Osprey or Eagle habitat plan. Proponent, Mr. Mann, PacTec Engineeing, Kitsap Way, representing Osberg Construction company, stated his clients efforts to work coopera~iveiy with the Planning Department on any issue raised by providing further study and supply additional information, i.e., traffic was a concern, a Traffic Study was provided, Osprey habitat was a concern, an Osprey study was provided, parkland was a concern, applicant worked with Parks Department and Planning Department to come up with an alternate solution - payment of $45,000 in lieu of dedication of land; they made a commitment to "single family" and also agreed to conditions for erosion control and clearing of land as it is developed. He restated for clarification the average sized lot was 9,800 sq. ft., minimum lot-7,800 sq. ft. and maximum lot- 15,000 sq. ft. which were all greater than the 4,800 sq. ft. allowed under current zoning. He also pointed out the density issue was under that allowed by Zoning regulations. He reviewed the issues of traffic control, stormwater system, existing sewer system, police enforcement, park and open space and restated applicant has agreed to conditions setforth. Applicant would like to replace the proposal of dedicated land for park open space to payment of $40,0000 to be used for enhancement of Kitsap Lake park. Mr. Richard Mychek, Environmental Consultant of Portland, Oregon spoke on behalf of the applicant and related his involvement in the Osprey issue. He stated his understanding of regulations for the protection of the Osprey's migration and nesting needs. He conducted an on site observation for the Osprey nest and reported bald eagle and found no evidence of nests or eagles. Mr. Jim Strait, 6530 Hatlow Drive/Pres. Kitsap Lake Neighborhood Association, questioned the applicants statement that they had worked out concerns with the Neighborhood Association. Mr. Glenn Vockrodt, 1409 Marlow, expressed his concern regarding adequacy of the pump stations and who will be responsible for the upgrading to meet needs. TAPE #422 City Council Reg. Mtg. Minutes February 4, 1987 Page 5 of 6 Mr. Dale Mangles, 278 Kitsap Lake, stated he has observed the Osprey activities over. the past three years, noting their ability to rebuild nests when needed and also the existence of bald eagles in the area. Mr. Vern Andor, 1311 Lakehurst Drive, observed bald eagles in the area and is concerned as to excavation and the effect it will have on the lake and suggests tha~ a condition be given that building be done during April and October. Dr. Peter Ruff, 1291Lakehurst Drive, asked if any provision has been made for unforseen problems that may arise after completion of the building pro3ect, or unusual situations come up during construction. IMr. Dave Hanna explained the inspection process during construction and generally a year long maintenance bond provided by the developer. Dr Ruff questioned source of funds for the City's maintenance of utility services at site. Dave Baker, City Engineer stated funds would be provided through the "sewer maintenance fee" charged on sewer usage. Dr. Ruff questioned if the lake had been tested for milfoil. Mr. Johnson responded that there was none three years ago when the Kitsap Lake Study was completed. Mr. Mann, PacTec, presented a rebuttal to questions raised during previous testimony covering actions taken to address each area of concern as stated above. Mr. Chris Merker, Washington State Game Department , stated he would be looking into the eagle issue and would provide guidelines and/or requirements in an advisqry role for the City and developer. Mr. Eric CumminCs, with non-game program with Washington State Department of Game, pointed out importance of buffer zones around nesting area and explained effect on breeding habits if activities near nest created disturbances. He supported development of nesting areas at south end of lake in hope that the Ospreys would relocate there upon their return. Mr. Richard Mychek explained the 100 ft. setback from nesting area was not at same level of nest. He also related studies done where men and machinery worked in an area inhabitated by both Osprey and Eagles with little effect on Osprey reproduction. Mrs. Lonq stated she believed Council had a responsibility to be sensitive to the environment and to protect the lake, doing whatever was necessary to assure controls were established to protect the birds and lake. Mr. Johnson expressed his concern regarding increased traffic and potential problems due to narrow roadway, no shoulders and no plans to widen and/or provide walkways. Mr. Pratt, Planning Director restated the process followed in coordinating with the County regarding the traffic control and potential increases. He pointed out that after studying the issue, the County did not recommend any additional traffic control conditions, but did indicate if improvement were made, that it would mean placement of 4- way stop signs. TAPE #422 City Council Reg. Mtg. Minutes February 4, 1987 Page 6 of 6 #~623 #1250 TAPE #423 #0055 #0079 M/S/C(Collins/Waibel) to approve Preliminary Plat for Westview Subdivision subjec~ to the conditions recommended by Planning Commission except #2 under the Parks and Open Space and Buffer conditions that it substitutes $40,000.00 for the dedication of lots 5 and 6 for parks and open space and the Osprey habitat Plan as it relates to the activity radius be approved by Planning Director after review between developer, developer's consultant and the State Game Department, and developer will assume necessary cost for all pump station enhancement. Amended Motion: (johnson/Waibel) stipulated Planning Director to get consensus of City and County Traffic Engineers solution to traffic problems on Hatlow Drive and Price Road. Discussion followed regarding traffic situations and Planning Director indicated the solutions have been provided by the City and County Engineers and that further meetings would not produce new solutions. Amendment by Johnson/Collins was withdrawn. Vote on main motion as follows: VOTE: In Favor: Overson, Crutcher, Dawkins, Waibel, Colvin, Homing, Collins, Long Opposed: Johnson M/S/C(Waibe/Colvin) approve Shoreline Substantial Development Permit for Westview Subdivision with conditions 1,2,3 under Section IV of Staff Recommendation, conditions 4 and 5 eliminated. VOTE: In Favor: Overson, Crutcher, Dawkins, Waibel, Colvin Collins, Long, Homing Opposed: Johnson President Homing announced Council would go into Executive Session to discuss Labor Relations. Executive Session concluded 9:45 PM. With no further business, meeting adjourned at 9:4? p.m. APPROVED City of Bremerton KLM/SH/me cc: Normal Distribution File/Vault