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.
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December 2~ 1987
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#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
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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.
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December 2S, 1987
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#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
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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.
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City Council Rag. Mtg. Minutes
December 23, 1987
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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.
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December 23, 1987
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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
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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
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KLM/SH/me
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MCCLUSKEY, CITY CLERK