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HomeMy WebLinkAbout12/23/87TAPE #508 UNAPPROVED DRAFT CORRECTED 12-30-87 #0028 CITY COUNCIL MEETING MINUTES DECEMBER 23, 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, December 23, 1987, at 5:30 p.m. with Council President Spencer Horning presiding. Council members present were Hank Waibel, Morrie Dawkins, Shirley Marry Crutcher, Russ Johnson, C. R. "Tiny" Collins and Lon Overson. COuncilmen Mary Lou Long and A1 Colvin were 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 Spencer Homing and Invocation was given by Chaplain Rex Darling of the US Naval Hospital. CONSENT AGENDA A. Minutes of Meeting Held December 16, 1987, #AB87-342 B. Bid Award Recommendation - Test Well Drilling, #AB87-343 C. Bid Award Recommendation - Annual Contract for Chlorine, #AB87-344 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as presented. #0043 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/Dawkins) on December 23, 1987, the Council does approve for payment those vouchers included and further described as follows: Warrant Nos. 33316, 33317, 33432, and 33324 through 33431 in the total amount of $222,586.75 and Regular Payroll totaling $310,009.86 COUNCIL MEMBER REPORT Mr. Dawkins wished everyone a merry Christmas and happy new year. Mr. Collins wished every one seasons greetings and expressed his appreciation for all the assistance received from staff and fellow Council members during this past year. Mr. Johnson commented on the good job the City's sanding crews do on slick roads. Mr. Horninc read a letter received from the Board of Directors of Harrison Hospital in which they thanked Council members and their spouses for their participation in the Winter Wonderland event. Mr. Horning reported that several Council members attended the Flag Pole Dedication Services at the 2nd Street tower - where recognition was given to Dorm Bramen's contribution to our community and state 6A - EASEMENT REQUEST - PUGET POWER, ~AB87-345 Puget Power has requested an easement across utility land for power lines to serve a customer near Bridle Ridge West. TAPE #508 City Council Reg. Mtg. Minutes December 2~ 1987 Page 2 of 8 #0204 M/S/C/U(Crutcher/Dawkins) to approve Puget Power easement. 6B - StF~PLUS OF I~ffCLEAR MOISTURE/DENSITY GAUGE, #AB87-346 Engineering no longer has the personnel to use the nuclear gauge on a regular basis. The license and testing fees are $800 per year. We do not use the nuclear gauge enough to warrant paying this annual fee. We have contacted Grays Harbor County and they are willing to purchase the-nuclear gauge for 82,000. They will take over ownership as soon as they obtain a license and the transfer papers are executed. Jan Stemkoski, Assistant City Engineer', stated the gauge was purchased in 1975 and due to reduction in staffing plus the lack of an on- site lab the gauge is not being used. A yearly licensing fee of $800.00 is required even if the gauge is not used, therefore, it was determined that a cost savings would be benefited if the -City could surplus the gauge. Mr. Overson questioned what would the City do in the event that this type of equipment was needed? Mr. Stemkoski stated that professional services would be contracted if needed. Mr. Crutcher questioned where we pay the $800.00. Mr. Stemkoski stated that 8400.00 is sent to DSHS and the remaining $400.00 is paid to U.S. Testing in Richland, WA. #0319 -: M/S/C/U(Overson/Dawkins) to approve the surplus" of the Nuclear Moisture/Density Gauge to Grays Harbor County for $2,000. 6C - SET DAT~ FOR ANNKXATION ACTION RE: BRKMERTON WATER UTILITY LANDS waST FORE UNION RIVER BASINj #AB87-347 The City, represented by Mayor Lobe's signature is prepared to petition the City Council for annexation of Water Utility owned lands south of the City's boundaries. State law requires that City Council: 1) Accept a petition from owners of 10% of the land value to commence annexation. 2) Approve a petition from owners of 75% of the land value to accept annexation; and 3) Approve first reading of the ordinance implementing annexation. Mr. Walbel questioned the shortened approach to annexation and if it offered the public an opportunity to become more aware of and have more .input into the process. Ian Sievers, City Attorney, stated that no the acceptance of the 10% Just has to be a meeting of the Council to express a go ahead and the significant public hearing is on the 75~ and the ordinance does not have to have a delay period after the 75~ petition. Ken HuGhes, staff, explained that the hearings are'posted 10 days prior to the hearings. #0447 M/S/C/U(Crutcher/Dawkins) to set January 13, 1988, at not earlier than 6:30 PM, at Bremerton City Hall for the date TAPE #508 !~ City Council Reg. Mtg. Minutes December 2~, 1987 Page 3 of 8 and place for a meeting with the initiating parties of the 10% Notice of Intent and 75% for East Fork Union River Basin annexation; and that we set the same date and place for a hearing and first reading of the implementing. ordinance accepting the referenced annexation. #0595 YA - ORDINANCE (FIRST READING) SETTING THE SALARY FOR JUDGES PRO TEM AND SETTING THE COMPENSATION FOR JURORS PURSUANT TO R.C.W. TITLE 3.50, #AB8Y-348 RCW Title 3.50 requires us to set the fee for judges pro tempore by ordinance and in addition the fee for jurors who serve on jury duty must be set by ordinance. A judge Dro tempore salary, computed on the basis of the current salary received by our Municipal Judge will be $248.40 for each day that he or she works for over four hours and $124.20 for each day that he or she works for over four hours, and $124.20 for each day that he or she works for four or fewer hours. RCW 3.50 provides that we may pay jurors a daily fee between ten and twenty-five dollars. We currently are under contract with the County to provide and pay jurors. The County pays jurors for our court and theirs ten dollars a day. In an effort not to discriminate between jurors retained by the County and those selected for Bremerton Municipal Court, this ordinance provides that our jurors will receive the same compensation. The County is bound by the same limitation in that it may pay jurors. between ten and twenty-rive dollars. Mr. WatbeL suggested a change in the wording' of the ordinance iI Section 2.62.040 to read: "A judge pro tempore of Bremerton Municipal Court shall receive as salary one-two thousandth (1/2000th) of the annual salary of the municipal judge for each day in which the jud!~ pro tem presides."...crossing out the remainder of that ection. Mr. Hornin~ questioned if the time paid is for the time the judge sits on the bench. Ian Sievers, City Attorney, stated yes, that is correct. M/S/C/U(Waibel/Dawkins) to approve ordinance,/on first reading, establishing the judges pro tempore o~ Bremerton Municipal Court and setting daily fees and ~2~?~4j allowance for jurors with modification to'Section 2 : "A judce pro tempore of Bremerton Municipal Court shall receive shall receive a salary one-two thousandth (1/2000th) of the annual salary of the municipal judqe for each honr in which the judge pro tem presides". #0627 7B - ORDINANCE #4141 (SECOND READING) AMENDINS THE CITT'S 1987 BUDGET, #AB87-340 M/S/C/U(Crutcher/Dawkins) to approve Ordinance #4141, on second reading, amending Ordinance #4110 relating to the financial budget for the fiscal year 1987. 7C - RESOLUTION #2192, RESIDENTIAL PERMIT PARKING: 1500 BLOCK OF IOTH STREET, VENETA - HIGH, #AB87--349 The proposed Resolution designates the area, 10th Street, High Street to Veneta Avenue as a Residential Parking Permit area. This has been approved by the Engineering and Police Departments and has been posted as required by ordinance for not less than 10 days. TAPE #508 City Council Reg. Mtg. Minutes December 2S, 1987 Page 4 Of 8 . #0689 Mr. Dawkins pointed out that it appears that shipyard workers are parking close to a mile from their work. M/S/C/U(Crutcher/Dawkins) to approve Resolution #2191, designating a Residential Parking Permit area (Zone #13). 8A -PUBLIC wRaRING - FINAL SUBDIVISION PLAT ADOPTION BY RMSOLUTION #2193 OF DOfF, SIDE ON KITSAP LAKE, A 47 ACRE SUBDIVISION PREVIOUSLY ENOWN AS WESTVIEW SUBDIVISION, LOCATED ON THE EAST SIDE OF KITSAP. LAEM, NORTH OF PRICE ROAD AND WEST OF HARLOW DRIVE (LP-86), #AB87-350 The City Council approved the Preliminary Plat for Westview Subdivision on 2/4/87 and approved Resolution #2191 on November 24, 1987 documenting specific conditions relative to final plat approval. The Ctty's plat conditions have been met according to requirements in the Preliminary Plat. A City resolution is required to establish the Final Plat and allow the separate lots to be legally created. President Hornln~ asked the "Appearance of Fairness/Conflict of Interest" question with all Council members being seated. Ed Davis, Planning staff, stated that a series of items had been prepared which comply with State statutes and Councll's preliminary approval of :Westview Subdivision which Is now known as Dockside On Kitsap Lake. Mr. Davis provided a drawing showing lots, bo.undarles, greenbelt areas and access roads. Staff findings in response' to the conditions adopted by the City Council to ensure compliance are as follows: 1. As reflected in the Engineering Department's response, c t low Drive - the Engineering note on the fac~ of the plat, on sheet 2 of 6, states that 15 feet of right- of- way (or more) has been dedicated to the City of Bremerton. applicant ' s i r r 1 r h review. All private utilitiqs have received copies of the Final Plat to assist them//in -. providing service to the development. 4. Permits for stormwater system outfalls were sought by the applicant with the WAshington State Department of Game approving a hydraulic permit for Dockside on 6/24,'8?. 5. As the responses from the different City, utilities, etc. indicate, the applicant/developer has satisfied this requirement, including the pump station enhancements requirement which the City Council officially made a basic requirement for /development, as stated in City CounCil Resolution No. 2191 in the last line of the fifth Whereas: "...the !developer will assume all necessary costs for the pump station enhancement;..." 6. Price Road and Hatlow Drive intersection is located within the 3urisdiction of Kitsap County. Street lights and signage is the County's jurisdiction. The City cannot require the County to comply with this condition. The TAPE #508 City Council Rag. Mtg. Minutes December 23, 1987 Page 5 of 8 intent of this condition was to somehow have the County facilitate this request. (Note for the record: a letter from the County was received stating that no improvements are needed, based on the traffic report prepared by the transportation consultant retained by the applicant/developer.) The City of Bremerton and Kitsap County need to sign an Interlocal Cooperative Agreement to facilitate development/improvement of areas in the County that are impacted by City developments and when County developments will impact City facilities/streets, etc. 7. The Engineering Department worked with the applicant/developer in this requirement. Response from the City Engineer reflects compliance with the erosion control plan. 8. Burning permits were sought and granted to the applicant/developer in compliance with adopted practices of the City of Bremerton and the Puget Sound Air Pollution Control Agency. 9. No phasing plan was ever submitted. All improvements for infrastructure are currently being put in place. 10. The Final Plat map reflects that there is no access, from any of the 182 lots, directly onto Price Road or Hatlow Drive. All access is from proposed local streets within the subdivision. (Note: there is no lot #134, thus lots total 162.) 11. Access for pedestrians between Lots 21 and 22 is included in the Final Plat. However, since an additional waterfront lot was created, the lots were tenumbered so the access easement is now located between lots 22 and 23 and is 20 feet in width as shown on the Final Plat. 12. The original sixty (60) feet of right-of-way crossing the plat, north to south (from Price Road to Lakehurst Drive) has been vacated as reflected on the Final Plat. The eighteen (18) inch water main has been replaced with a new eighteen (18) inch water main in Osprey Circle. The old water main was removed from all proposed public right-of- way, but was left in place across lots. We have required that the applicant's engineer Show n the Final Plat the approximately location of the old abandoned water main. The developer proposes to remove at a later date the remainder of the abandoned water main. 13. The developer has worked with the Engineering Department in the naming of streets (so no duplicate street names will be created) and in assigning street addresses. 14. The condition has been complied with as reflected on the Final Plat showing easements for utilities and as posted on Notes 21 and 3 of Sheet 5 of the Plat. 15. The note of page one, lower left hand corner, restricts the development to single-family. This is the same wording as required on the Holly Terrace West Subdivision Final Plat. The note to the right of the single-family note complies with the prohibition of mobile homes within the development. TAPE #508 City Council Rag. Mtg. Minutes December 23, 1987 Page 6 of 8 Since the City does not enforce covenants, this note was placed on the Plat in addition to appearing on page 8, Section 3. Architectural Control of the proposed Covenants, Conditions and Restrictions (CC & R's) for the subdivision which states: "No mobile home, modular home or log home (including the "Pan-abode" type) shall be allowed. 16. The Final Plat map reflects the twenty-five (25) foot Riparian Management Zone (RMZ) along the shore of Kitsap Lake and the Natural Vegetation buffer fifteen (15) feet in width along Hatlow Drive and Price Road. On Sheet 5, Notes 6 (RMZ) and 8 (Natural Vegetation Buffer) state that trees and other natural vegetation shall not be removed and: "...are required to leave the areas, designated on the face of the Plat of Dockside as natural vegetation buffer in their natural state." To properly enforce this requirement, an ordinance should be adopted by the City setting appropriate penalties and fines for vegetation and osprey habitat removal, in the RMZ and the Natural Vegetation Buffer. 17. The compliance with $40,000.O0 required for parks and open space is shown in the Parks Department's response in Exhibit #7, Attachments "H" and "I" 18. The implementation of the Osprey Habitat Management Plan is reflected in Exhibit 6 and Exhibit No. 11, on Sheet 5 of the Final Plat Map. 19. This condition is required as adopted by the City Council in Resolution #2191, which will be implemented by the Engineering and Utilities Departments'of the City. The Planning staff concludes that the plat is in compliance with all conditions that were identified under the 3urisdiction of the City of Bremerton - including the Osprey Habitat Management Plan. Jim Barnard, Pac-Tech Engineering Inc., representing the applicant, stated the applicant had fulfilled all conditions of the Final Plat and would answer. any questions Council might have. He noted that Grant Osberg of Osberg Construction Company was also in attendance. Jim Strait, 6530 Hatlow Drive, President of Kitsap Lake Neighborhood Association, stated Osberg Construction is doing a good 3oh, however, he did question where the sidewalks will be located and also pointed out that some lots had less than the 50 ft., minimum width. Mr. Barnard stated that the sidewalks will be placed behind the curbing throughout the development and that a letter of credit has been prepared for all improvements which are not currently completed (note the letter of credit is for 150% of the valued improvement). Mr. Davis explained that the City's Zoning Ordinance regarding minimu~ widths for lot development is not clear and the Planning Department has a written interpretation .... 50 ft., width at the building pad. TAPE #508 City Council Rag. Mtg. Minutes December 23, 1987 Page 7 of 8 Willard Wilson, property owner bordering the development site, explained to Council his involvement with the developer - noting his granting of an easement for utilities which run under his carport. He expressed concern that since he granted the easement for utilities that he will not be able to build a garage on the property he currently uses as a carport. He asked Council for assistance/direction in getting to the right people to discuss his problem.- President Horninc suggested that he speak with City Attorney Ian Sievers and the Planning Director Don Pratt. Mr. Wilson also asked if there were any plans showing what the proposed park will include. Mr. Davis explained that the Substantial Shoreline Permit Hearing on this issue will be before Council in January 1988. Harlan Vesey, 5915 Hatlow Drive, expressed concern with the Harlow Drive Traffic Study which indicated that there was not significant impact to warrant improvements. Mr. Davis stated that the Traffic Study was the findings of the Traffic engineer hired by the applicant - a copy of which was sent to the County and they in turn responded, by letter, that there no improvements would be required due to the potential traffic from the 162 residential units when completed. Mr. VeseV asked where pedestrians could safely walk along Harlow Drive? Mr. Davis pointed out that the County has jurisdiction of this area of road and that the City, when considering areas for annexation, should also consider adjoining roads 'so that they will have jurisdiction and be able to set conditions. Mr. VeseV also raised a question about the safety of the entrance to the development off Hatlow Drive. Mr. Johnson questioned if the City was planning to put in sidewalks on the 15 ft. right-of-way? Dave Baker, City Engineer, stated there are no plans to put in sidewalks at this time, but will be some time in the future. Also, as to the safety of the entrance to the development off of Hatlow Drive - the entrance is quite wide and should have good sight capability for ingress and egress. . Mr. Johnson raised question as to the $40,000.00 deposit for Park improvements expiring and returning to the applicant if not used within two years? Arvilla Ohlde, Parks Director, stated the $40,000.00 was given to the City in lieu of the lots, so the condition has been met. Ian Sievers, City Attorney, stated that the City responded in regard to the "strings"...meaning it would revert back to applicant and stated that was not part of the Council conditions and would not be acceptable. However, there are Constraints, by law, which does stipulate a 5-year expenditure period (RCW Chapter 80). Mr. Johnson questioned if the enhancements have been made to the sewage pump station why was there a problem with backed up sewage into residences after the last big rain. Bill DuffV, Utilities Manager, stated that the sewage problem was not a result of the rain but a failure at the pump station. At this point no enhancements have been made to the pump station, however, the applicant has posted a bond that this work will be completed by the time the need is created for increased capacity. Mr. Johnson questioned why "Phasing" was not required. Ed Davis explained that at the time the responses from other departments were reviewed "phasing" was not an issue that was addressed. Also, the developer was required to relocate the 18" water line and this was accomplished at one time TAPE #508 City Council Reg. Mtg. Minutes December 23, 1987 Page 8 of 8 #2799 rather than in stages. Mr. Johnson pointed out 'that the City cannot enforce "covenants" yet.the covenants seem to be the manner in which the things wanted are enforced. Ed Davis stated that the City cannot enforce covenants but anything in the conditions was either placed on the face of the Plat or in the notes on Page 5 of the Plat which will be. required to be on the deeds of each lot. "No mobile home, modular home or log home "pan abode" type) shall not be allowed" is iA~e~L and not what is on the actual Plat. The Plat states "use of mobile homes as residents is prohibited". Ed Davis stated that the wording under Condition #15 is what is on the CC & R's in addition to what is on the face of the Plat. Mr. Waibel suggested including in the motion the wording "No mobile home, modular home or loc home (includinc Dan abode" tVDe) shall be allowed" and to be shown as such on the Plat. M/S/C/U(Johnson/Dawkins) to approve the Dockside On Kitsap Lake Final Subdivision Plat, authorizing the President of the City Council to sign the Final Plat and filing of the Final Plat mylar with Kitsap County Auditor with the change on note to read: "No mobile home, modular home or log home (including the "pan-abode" type" shall be allowed; and the adoption of Finding Of Facts/Conclusions Of Law." With no further business meeting adjourned at 7:40 p.m. '! EATHLEEN L. APP vE ii NCER HOR I President ty of' KLM/SH/me ccs: Normal Distribution File/Vault MCCLUSKEY, CITY CLERK