HomeMy WebLinkAbout05/13/87TAPE #452-
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CITY COUNCIL MEETING MINUTES
May 13, 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, May 13,
1987, at 5:30 p.m. with Council President Spencer Horning
presiding. Council members present were Mottie Dawkins,
Hank Waibel, C. R. "Tiny" Collins, Mary Lou Long, Russ
Johnson and A1 Colvin, Shirley Marry Crutcher and Lon
Overson. Also present were Assistant City Attorney Lorna
Corrigan and City Clerk Eathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Homing with Reverand Dave Parker of
Sylvan Way Baptist Church giving the Invocation.
CONSENT AGKNDA
A. Minutes of Meeting held May 6, 1987, #AB87-145
M/S/C/U(Waibel/Crutcher)
presented.
to approve Consent Agenda as
CLAIMS/WAFaANTS 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/Long) on May 6, 1987, the Council does
approve for payment those vouchers included and further
described as follows: Regular Warrants numbering #29411
through 29507 in the total amount of $145,834.05.
Council President Homing announced that New Business Items
6A, 6B and 6C would be held on Thursday, May 14.
PROCLAMATION
Ms. McCluskeV, City Clerk read proclamations announcing the
annual sale of Poppies by the American Legion Auxiliary
Units 68 and 49 and the Veterans of Foreign Wars Posts 3694
and 239, with Mayor Gene Lobe proclaiming May 15th and 16th
as "POPPIES DAYS", in the City of Bremerton. Present to
receive the Proclamation were Bob Ferguson- Commander VFW
Post 3694, Bob McCarthy- Commander VFW Post 239, Ruth King
Johnson Gates- Auxiliary Unit #49, Mary Angel- Auxiliary
Unit #68, Ann Folk- Post 239 Auxiliary.
COUNCIL MEMBER EEPORTS
Mr. Overson reported on weeding progresa at the small park
on Washington plus the continued efforts of the volunteer
citizen group and the good work they are doing.' He pointed
out that through cooperative efforts of City Departments and
property owner, the parking lot at the corner of llth and
Park has being completed with the owner being responsible
for the cost of improvement.
Mr. Dawkins is continuing his efforts in Olympia to monitor
legislative actions relating to ferry services to the
Bremerton area.
Mr. Crutcher attended the Council Operations Committee
meeting prior to Council and expressed his appreciate of
Tiny Collins leadership of the committee. On May 30 he will
TAPE #462
City Council Reg. Mtg. Minutes
May 13, 1987
Page 2 of 8
#0792
meet with Councilmen Norm Rice and Sam Smith to discuss
ferry service between Seattle and Bremerton.
Mr.Waibel recognized Bill' Eley for his personally donating
his time over the weekend to paint the Data Processing
office.
Mr. Collins reported that the Bremerton/Central Lions Group
donated $4,000.00 for blacktopping an area between fields 2
and 3 on Lions field, which should be accomplished soon.
Also, the Mayor, Mr. Overson and Mr. Collins had an
opportunity to speak before Civics Classes at Bremerton
High School and found the students to be very interested and
knowledgeable and should make very good future tax paying
citizens of Bremerton.
Mrs. Lona artended a Housing Authority Tenant/Management
meeting which she found very interesting, particularly the
cooperative efforts with the tenants to enhance the living
conditions and work with management to make it a better
community. She is continuing her efforts to bring to the
attention of the Attorney General the ferry ticketing issue.
Mr. Colvin has recently learned of the efforts put forth by
the Visitor and Convention Bureau for the NARF convention to
be held in Bremerton and he has notified many leaders of
District #1 of the pending demolition of the Manerrs
Treatment Plant and potential odor problems.
Mr. Johnson expressed his concern over activities taking
place on- the Westview project on Kitsap Lake, citing
infringement on Osprey nesting area, slash burning in
restricted area and questioned responsible City staff to
oversee that all conditions are being carried out during the
construction work. Also, he expressed concern over two
businesses, an apple seller and woodcutting enterprise,
doing business in an area that is not zoned for business
purposes and who, within the City, is responsible for
enforcement of zoning laws. Mr. Co/line stated Mr.
Pratt, Planning Director has given proprietor a cease and
desist order. Lorna Corrigan, Assistant City Attorney will
contact Mr. Pratt and work to clarify this situation.
Mr. Hornin~ thanked everyone for
concerns for his father who is ill.
their prayers and
7A - ORDINANCE #4111(SECOND READING) BRKMKRTON SCHOOL
DISTRICT/~RLSTROM RKZONE R-1 TO B-2, SW CORNER OF SYLVAN WAY
AND SPRUCE STREET, #AB87-143
M/S/C/U(Colvin/Crutcher) to approve Ordinance #4111, on
second reading, amending the use and area maps of Ordinance
1792 upon application of rezone from R-1 to B-2 and subject
to various requirements and other applicable laws and
regulations - Bremerton School District/Ahlstrom, including
the Concomitant Zoning Agreement.
8A - PUBLIC HEARING - PRELIMINARY PLAT APPLICATION TO
SUBDIVIDE THREE LOTS ON MAPLE AVENUE NORTH OF IVY RD. (LP-1-
87) APPLICANT: DEAN GR~ING/GENK MILO, #AB87-148
The Gehring/Milo Preliminary Plat is before the City Council
for approval. This action involves the replatting of one
parcel of a previous four-lot short plat, creating three
additional parcels. The Council may uphold, amend, or
reject any of the conditions of the recommendation of the
Planning Commission.
TAPE #452
City Council Reg. Mtg. Minutes
May 13, 1987
Page 3 of 6
On April 28, 1987, the Planning Commission voted unanimously
to recommend approval based on Findings of Fact and
Conclusions of Law and two conditions.
President Hornin~ asked the "Appearance of Fairness
Conflict of Interest" question with all Council remaining
seated.
Don Pratt, Planning Director, stated for Council's
clarification the effect of granting approval for this
preliminary plat, noting that it would allow a developer the
right to put a bulldozer on the property, knock down trees,
create roads prior to some kind of land division and sale
sometime in. the future. Council will have an opportunity to
approve the final plat at which time it will be determined
if the developer has met'~ll conditions. Council will not
be able to impose new conditions at the time of the final
plat approval - any conditions that are required should be
set during the preliminary plat process.
Jack Allin~ham, Planning Department, gave staff report
outlining the developers intent to replat a previously four-
lot plat creating three additional parcels. Due to the
lack of local regulations for long platting, the City must
follow State law RCW 58.17 The property in question is just
the division of lots with the utilities and streets are
already in. Council must determine if the plat meets the
minimal zoning requirements and if is it consistent with the
comprehensive plan. Total area of property is 18,900 sq.
ft., topography drops off quickly off Maple Avenue and is
then fairly level and site appears to hold .water.
Comprehensive Plan designation for this area is on a fringe
area between commercial and medium density residential.
Proposed land use for this area is multi-family with duplex
development. The three proposed lots exceed 5,800 sq.
which currently provides for duplex development in a R-1
district and they exceed 50 ft., frontage along Maple
Avenue, the depth lines within the plat show development
standards where structure could occur. The Planning
Commission has recommended approval with some advisory
conditions relating' to water runoff, have a surface
management plan in place at time of construction and
presentation of a final plat for review within a three year
period.
William Palmer, Pazooki & McMenamin, representing applicant,
stated the the conditions as recommended by the Planning
Commission were agreeable to the applicant.
Mr. Johnson questioned the 3-year period in which developer
makes presentation for final plat approval. Mr. Pratt,
stated by law they could only issue one building permit for
one structure only on the parcel being divided into three
lots, however if they want to build three structures they
would not get three building permits. Only upon final plat
approval could they build more than one house or duplex on
the property. Lorna Corri~an, Assistant City Attorney,
stated final plat is the Council final hammer as to what
conditions are fulfilled by the developer and he can not
sell or divide the property until he does have the final
plat approval.
Mr. Collins stated his .concern that the drainage of water
off the property be dealt with so that it does not infringe
on surrounding properties or that it has an adverse impact
TAPE #452
City Council Reg. Mtg. Minutes
May 13, 1987
Page 4 of 6
#2165
on stormwater flow into the sewer system. Don Pratt stated
that with the City Engineer's approving the drainage plan he
will have a say as to where he would want the water to go
prior to the developer starting construction. Mr. Waibel
suggested that the Resolution be changed as follows: Under
the last WHEREAS to read as follows: "the Bremerton City
Council held a public hearing on May 13, 1987, concerning
the above preliminary plat, and hereby adopts the findings
of the Planning Commission except that the City Council
finds that the Surface Water Management Plan recommendation
by the Planning Commission be implemented and apDroved by
the City Enuineer prior to any construction, now therefore,"
William Palmar, representing applicant, outlined steps in
developing water management plans which generally shows
flows of water following- normal drainage channels unless
the City Engineer specifies placement of a pipe at some
point. Also, the question relating to the validity of a 3-
year period to make a final plat application provides a time
limit for tha developer to proceed with construction and if
he does not, the preliminary plat is null and void.
M/S/C/U(Waibel/Collins) to approve Resolution #2167,
accepting Preliminary Plat Gehring/Milo subject to the
following conditions recommended by the Planning Commission:
(1) that the applicant submit a surface water management
plan subject to the Engineering Department's approval prior
to final platting showing how surface water will be disposed
of; (2) that the applicant present a final plat for review
within three years of the approval of this preliminary plat
and the Resolution be modified to reflect that prior
approval is required by including the words "and approved by
the City Enaineer prior to construction" and that
Conclusions (1) and (2) be recognized as Finding of Facts
(11) and (12).
8B - PUBLIC HEARING - PRELIMINARY PLAT APPLICATION TO RKPLAT
A SHORT SUBDIVISION CLARK'S MARSH/EAST TOWNK CENTER (LP-87)
APPLICANT: C[,3LR.E~S MARSH ASSOCIATES, #AB87-149
The East Towne Center Preliminary Plat is before Council for
approval. This action involves the complete replatting of a
four-lot short plat into 7 parcel subdivision.
President HorninQ asked the "Appearance of Fairness/Conflict
of Interest"'question with all Council remaining seated.
Don Pratt, Planning Director, gave staff report which
included a covering a series of project actions starting in
1977 with a comprehensive plan and zoning plan adoption
prior to annexation and an Environmental Impact Statement
written; in 1981 the area was annexed with B-3 zoning and
the 1977 EIS was adopted as part of the approval; in 1986
building permits were granted for several commercial
structures on the four lots, the EIS was amended to address
project and specific .concerns with the amendments being
adopted. All conditions have been met and are in place.
The purpose of this application is not to facilitate
additional construction but rather to delineate and permit
ownership of the separate stores. Planning Commission is
recommending that everything necessary to implement that
project has been met, there is no need for additional
improvements to be made on the property and will not be
developed to any greater intensity and they are not
requesting any additional conditions for the division of the
property. Staff recommends one additional condition and
TAPE #452
City Council Reg, Mtg. Minutes
May 13, 1987
Page 5 of 6
that is to include in the Resolution that all 7 lots be
listed, the plat submitted only identified five.
#3444
#3471
APE #453
#0358
William 'Palmet, Pazookie & McMenamin, representing
developer, stated the staff's recommendations are agreeable
to the developer.
Mr. Waibel questioned under Conclusion (3) the difference
in meaning between the words "pertinent conditions" and "all
existing conditions. Mr. Pratt stated the word "pertinent"
acts as a safety net covering something that might have been
left out inadvertently. Mr. Wiabel questioned who would be
the responsible person to interpret what is pertinent. Mr.
Pratt stated the first level would be the Planning DirectOr,
the second level could b~ an appeal to Planning Commission
and third level would' gO through the court system. Ms.
CorriCan, Asst. City Attorney asked if there were existing
documents which could be incorporated by reference. Mr.
Pratt stated yes, there were specific documents that could
be referenced.
M/C/S/U(Overson/Crutcher)
week.
to continue this item for two
M/S/C/U(Colvin/Dawkins) to continue City Council Meeting to
Thursday, May 14, 1987, 10:00 AM.
MAY l&, 1987
Council President Hornina reconvened meeting at 10:10AM .
Mayor Gene Lobe extended a warm welcome to members of the
United States Navy who were present to participate in the
Armed Forces "City Hall Day" activities, serving as counter
parts to City officials and staff.
6A - GORST VICINITY TRANSMISSION MAIN IMPROVEMENTS, CONTRACT
#AB87-146
Del-Mar Construction, contractor for the Gorst Vicinity
Transmission Main Project (Contract #2723) has
satisfactorily completed all contractual obligations for the
relocation of the transmission mains and related
appurtenances - total project cost, plus tax...$859,714.46.
M/S/C/U(Colvin/Crutcher) to accept Contract #2723 as
completed subject to Administrative Policy and Procedures.
6B - SgRPLUS OF CITY'S OSED GOLF CARTS, #AB87-147
The City has nine electrical club cars that are not running
and in need of repairs to the suspension and electrical
systems. A realistic 'estimate to restore each of the cars
to running condition is $500.00. Due to their age and
condition, the cars will need annual maintenance and
repairs. Each of these cars at best might generate $f25.00
in annual rental revenue. These cars have served in a back
up capacity to the Golf Professional cars.
The Golf Course Board of Directors requests City Councik
approval to declare these cars surplus and sold in the best
interest.of the City. An independent appraisal has been
received with the approximate Value of each being $100.00.
#0563
M/S/C(Dawkins/Waibel) tO declare these golf carts as surplus
and direct that they be sold in the best interest of the
City.
TAPE.#453
City'CoUncil Reg. Mtg. Minutes
May 13~ 1987
Page 6'of 6
Vote:
In Favor:
Oppose:
Abstain:
0vetson, Dawkins, Waibel, Homing,
Crutcher
Colvin
6C - 1987 JAIL CONTRACTS BETWEEN CITY OF BREMERTON AND
PO~LSBO, PORT'ORCBA~D, SUQgAMISH TRIBE, #AB87-1&l
These contracts are before Council so that services rendered
can continue during 1987. The lateness of their
presentation ts due to: (1) Uncertainty in 1986 as to what,
if any, services Bremerton could provide, given negotiations
with the County ref; Jail services for Bremerton prisoners.
(2) Rewriting of several sectlone of the proposed contracts
transpired between our City Attorney and attorneys for the
other cities involved.
#0643
M/S/C/U(Waibel/Colvin) fo rescind previous motion to
continue this item until May 20, and to allow it to be heard
at this time.
Lt. Pat O'Neil, Police Department, gave a brief description
of the negotiating process between the three entities and
the reasoning behind the difference in fees charged, $30.00
per day for Suquamish Tribe and 825.00 per day for the
cities of Poulsbo and Port Orchard.
#0930
M/S/C(Colvin/Waibel) to approve contracts with the Suquamish
Tribe, City of Poulsbo and City of Port Orchard at a charge
of $25.00 per day for all entities, including changes to
City of Poulsbo Contract, Section 6 to read, "This Agreement
shall be construed and interpreted in accordance with the
laws of the State of Washington and, in the event of a
dispute, said dispute shall be litigated and the venus of
any action brought hereunder shall be Kitsap County Superior
Court"; and Section 11, Paragraph (f) to read, "Upon
termination in any manner the City of Poulsbo shall pay, in
full, any outstanding bill due the City of Bremerton for
services enumerated herein by the fifteenth (15th) day of
the month following the last month in which prisoners are
held by the City of Bremerton".
Vote:
In Favor: Crutcher, Waibel, Colvin, Horning
Oppose: Overson, Dawkins
With no further business meeting adjourned at 11:00 A.M.
EATHLEEN L.
APPROV
SP ER HORNIN resident
ton
K LM/SH/me
ccs: Normal Distribution
File/Vault
MCCLUSKEY, CITY CLERK