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HomeMy WebLinkAbout12/28/83 Tape 99 Unapproved #0460 Minutes CITY COUNCIL MEETING MINUTES December 28, 1983 The regular meeting of the City Council of the City of Bremerton, Eton, was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington, Wednesday, December 28, 1983 at 5:30 p.m. with Council President Art Anderson presiding. Also present were Councilmen E. L. Sturdivant, Spencer Horning, Clyde Pachek, Bill Amo and Russell Johnson, Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. Councilmen Roy Mosely, Phil Drouin and Jim Adrian were absent. The meeting opened with the Pledge of Allegiance and the invocation was given by E. L. Sturdivant. Mr. Anderson stated item 10E was removed from the agenda. CONSENT AGENDA A. Minutes of December 21, 1983. AB83-676 Motion by S. Horning and C. Pachek to approve the consent agenda item A, carried as follows: 5 affirmative, 1 abstention (Amo). INFORMATIONAL ITEMS AB83-677 #0479 Claim for damages was submitted from Pascal Bidstrup, Virginia Fitzwater and Gordon Hill. Ail claims have been submitted to appropriate departments and City's insurance broker. CLAIMS/WARRANT REGISTERS AB83-678 #0490 Claims and warrants audited and certified by Darlene Herrmann as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. Motion by R. Johnson and B. Amo as of this date the Council does approve for payment Salary Fund in amount of $289,937.80 and FICA in amount of $11,121.51 for payroll period December 18, 1983 and warrants 14618 through 14631 in- clusive in amount of $988,541.02 and special warrant 14614 in amount of $511.98, carried unanimously. MAYOR'S REPORT #0529 Mayor Dawkins stated Chief Erickson of the Fire Department would be presenting awards to Fire Department personnel. Doug Erickson, Acting Fire Chief presented Most Outstanding Employee Awards for 1983 to John Wilkins, John Rappleye and Ray Wiggs. Mayor Dawkins discussed a recent meeting with the disabled veterans and asked that Ms Jean Jackson read a letter from James F. Fisher of the Disabled Veterans Association regarding Ms Jackson efforts on behalf of the disabled. PUBLIC RECOGNITION #0786 Ms Jackson, Chairman of the Disabled, discussed a recent Bremerton Sun article regarding change of fees for the Municipal Swimming Pool, and felt the article is misleading. Ms Jackson emphasized the fee is the same for everyone, that the disabled, children and seniors are not being discriminated against. Paul Schyer, Madrona Point resident, discussed the upcoming elimination of PSNS parking and impact this will on the entire community. Mr. Schyer suggested long term parking east of Warren Ave and north of Sixth Street. He felt that the City should assist with the problem. He feels the city needs to take action to protect the residential areas close to PSNS. Walterine Taylor, 2708 Callahan Dr., stated she has enjoyed the new legislative body, the new mayor, and wished everyone a happy and prosperous New Year. Glenn Vockrodt, Manette Neighborhood Assoc., discussed the Shoreline Hearing of the previous week, and asked Council to reconsider their decision and hold another public hearing. Jim Strait, Kitsap Lake Neighborhood Assoc., agreed with Mr. Vockrodt that the Council should hold another public hearing. ORDINANCE 3886 - INCREASE UTILITY TAX ON NATURAL GAS AB83-664 #1250 Jack Randall, District Manager of Cascade Natural Gas, restated his objections to raising this utility tax, as this will create a hardship on the elderly and fixed income. He suggested consideration of a step increase instead of a lump sum increase. City Council Meeting Minutes December 28, 1983 Page Two ORDINANCE 3886 - INCREASE UTILITY TAX ON NATURAL GAS CONTD Motion by R. Johnson and C. Pachek to pass on second reading AN ORDINANCE amending Ord. 2525, §4, to increase the tax on sales of manufactured or natural gas from 2% to 4% of gross business. Mr. Sturdivant discussed difficulties of voting for a 100% increase. Question called, carried as follows: 5 affirmative, 1 opposed (Sturdivant). RESOLUTION 2005 - STORM DRAINAGE MANAGEMENT AB83-669 #1427 C. Prisk, Field Services Mgr. discussed numerous problems with the methods of funding the debt for the new wastewate facility and the problem of how to handle storm drainage. Currently the city does not have a storm drain manage- ment system. Because the city does not know which portions of the storm water is separated, any method of charging for storm water, currently estimated to be one-third of water collected, requires an indepth study of existing facilities and capital outlays by private citizens. Because the options and impacts for collection must be fully developed and understood, it is reasonable for Council to endorse the expenditure of time and resources through this resolution. Mr. Prisk discussed businesses that use the system due to storm water runoff, but do not pay. Financing for this study would be through an inter-fund loan from the wastewater facility utility, and if the decision is made to have a storm drainage management system, this would pay back the loan. Mr. Sturdivant felt this resolution is premature. Mr. Amo discussed high bills for elderly and fixed income and feels an inter-fund loan is approriate. Messrs. Gegner and Vockrodt spoke in support of approving the resolution. Motion by B. Amo and C. Pachek to pass Resolution No. 2005. Mr. Horning suggested more information is needed prior to passage and felt that Messrs. Drouin and Mosely of the Wastewater Committee should be present before this is passed. Mr. Anderson felt a two week delay is in order. Question called, failed as follows: 3 opposed (Sturdivant, Horning, Anderson), 3 affirmative, (Amo, Pachek, Johnson). Motion by E. Sturdivant and B. Amo to table for two weeks to acquire more information, carried as follows: 4 affirmative, 2 opposed (Johnson, Pachek). Recess 6:30 until 6:40 p.m. HEARING - CHANGE IN LAND USE RESTRICTIONS/ART ANDERSON & ASSOCIATES AB83-679 #2657 This request for change in land use restrictions is to build an office building and 12 unit condonimium. This hearing has been advertised and posted as required by law. In answer to Mr. Anderson's standard conflict of interest question, Mr. Sturdivant stated he serves on a county wide board with Mr. Anderson, the applicant. In answer to questions from Asst. City Attorney Mary Killian, Mr. Sturdivant stated he does not see Mr. Anderson socially, and feels his limited association with Mr. Anderson will not influence his decision. Ms Killian stated she sees no problem with Mr. Sturdivant hearing this issue. There were no objections from the public to Mr. Anderson's standard question. Kay Wilson, Asst. Planning Director, stated the only issue before Council is a Change in Land Use Restriction. Ms Wilson discussed the location on Kitsap Way south of NAD Park and north of the Bayview Inn. Ms Wilson discussed the original rezone to B-2 for an office structure. The applicant is now asking for a larger office structure and 12 condo units. The structure will consist of three stories of offices built below ground level on the hill side, with a lobby and condo unit occupying the top floor at ground level. In discussing the parking, the applicant is proposing 104 on site stalls, which would be a reduction of 26 stalls for the addition of 40,000 sq. ft. to the building, plus a total of no less than 130 stalls, which would be provided through a parking easement at the Bayview Inn site. Proposed parking exceeds the zoning ordin- ance requirements, as zoning ordinance requirements are minimal for office space above or below ground level. The Engineering Department indicates traffic conditions do not yet warrant installation of a turning lane, and pro- Tape poses that the proponent deposit $4700 in escrow as his fair share for future 100 development of a center turning lane. Ms Wilson summarized department comments, and discussed Planning Cormnission recommendations. Bob Armstrong, Architect for Art Anderson & Assoc., discussed surface parking and the site as will be seen from Kitsap Way. Mr. Armstrong discussed meeting with Chet Meigs of the Fire Department regarding requirements for fire protec- tion and fire fighting precautions. City Council Meeting Minutes December 28, 1983 Page Three HEARING - ART ANDERSON & ASSOCIATES CONTD Dr. Jim Levy, Civil Engineer with Art Anderson & Associates, discussed soil survey and testing and positive analysis results. Dr. Levy discussed limited impact on current traffic, and stated their primary plan on parking is to encourage van sharing and carpooling among the employees. This would not significantly impact traffic. Also employees will be working staggered hours so they would not all be arriving and departing at one time. Dr. Levy discussed two options for sewer connection; connect to the sewer at NAD Park Tape or the Bayview Inn site. He discussed storm water detention and stated the 101 detention system will have oil separators. Jim Strait discussed objections of the Kitsap Lake Neighborhood Association to the structure as too large for the site and opinion that the parking is inade- quate, and urged Council to deny the request. Bert Gegner spoke in favor of approving the request. Glenn Vockrodt discussed his objections on grounds of insufficient parking. Pat Carey discussed lack of a recreational area for small children living in the condos. Discussion followed regarding the easement for parking. There was some con- cern that the easement could be revocated resulting in parking not meeting zoning ordinance requirements. Ms Killian discussed an easement as buying property for a certain use. Discussion continued regarding lack of a final site plan. Mr. Johnson felt there should be a site plan according to the proposal before a decision can be made. Dr. Levy submitted a preliminary drawing of the site as proposed. Motion by E. Sturdivant and So Horning to approve the Change in Land Use Restriction as recommended as per attached Exhibit "A",. with the addition of the following sentence to General Condition 2. "herein; provided that the condominium units shall exceed 30 feet in height as shown only if consistent with Zoning Ordinance regulations in effect at the time of construction and shall otherwise be limited to 30 ft. in height". There was discussion that this could imply the 30 ft. height requirement need not be met. Amended Motion by E. Sturdivant and S. Horning to approve the Change in Land Use Restriction as recommended and not include the above stated sentence, carried as follows: 5 affirmative, 1 abstention (Johnson). Recess 6:30 until 6:40 p.m. ADDENDUM TO N.G. JACOBSON JOINT VENTURE TEAM CONTRACT AB83-680 #0290 Mr. Broughton discussed the original agreement which did not include expenses and printing and reproduction costs. The additional amount would be approxi- mately $5,300. Total amount for reproducing and printing would be $2,789.90. Motion by Eo Sturdivant and S. Horning to approve a sum not to exceed $3,000 to cover the cost of reproducing and printing, carried unanimously. Motion by S. Horning and C. Pachek to approve the Addendum to Agreement between City of Bremerton and Joint Venture Team of Jacobson/Waisman Dewar Grout Cannon with correction to read "not to exceed $3,000 for reproduction of drawing and reports", carried unanimously. CONTRACTS FOR FIRE PROTECTION SERVICES TO STATE FACILITIES AB83-673 #0722 Motion by S. Horning and C. Pachek to approve the Contracts for Fire Protection Services to State Facilities, carried unanimously. ANNUAL LEAVE CARRYOVERS AB83-681 #0844 Motion by E. Sturdivant and B. Amo to approve annual leave carryovers for Phil Brown, Ron McKiernan and Ray Foley, carried unanimously. FIRE STATION #1 ADDITION/CONTRACT #2224 AB83-682 #0978 Motion by Co Pachek and B. Amo to accept Contract No. 2224 for Fire Station #1 Addition as complete, carried unanimously. MAXIMUM ONE MONTH EXTENSION ON CONTRACT #2327/THE PHOENIX GROUP AB83-684 #0999 Motion by E. Stu~divant and R. Johnson to approve a one month extension on Contract #2327 to allow The Phoenix Group to continue to manage the Bremerton Housing Rehabilitation Program during negotiating and writing a new contract, carried unanimously. City Council Meeting Minutes December 28, 1983 Page Four CHANGE ORDER #2 to CONTRACT C4/WASTEWATER FACILITY PROJECT AB83-685 #1026 Dave Baker, Project Manager, discussed the need for this change order, which results in an increase of $14,259. Motion by C. Pachek and E. Sturdivant to approve Change Order #2 to Contract C4, carried unanimously. REVENUE SHARING FUNDS #1223 Motion by E. Sturdivant and S. Horning to allocate $26,000 of Revenue Sharing money for 1984 and reduce the allocation passed December 21, 1983 proportion- ately to reach that level, carried unanimously. Meeting adjourned at 9:15 p.m. KATHLEEN L. McCLUSKEY, APPROVED: A'lf~A~D~RS~7~ ,~ ~ o-~-c~l -~r ~ s id ent E ~ tt I ~ I T General Conditions 1. This CHANGE IN LAND USE RESTRICTIONS is subiect to the various requirements contained in the Bremerton Area Plan, the ~remerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained herein. 2. The site shall be developed essentially the same as the site plan labeled Exhibit "A" except as modified to meet condq~ions of approval listed herein. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval of an application for CHANGE IN LAND USE RESTRICTIONS. ~=_ The-~evele~e~-sha~-ag~ee-~o hoe~-~p-~o t~e-sanita~y sewe~-system-a~-s~ A~me as-~e-Ci~y-dete~mines-sai~-Aookep-is-~ tAe-puB~c &~e~es~. 3. Use of the site shall be limfted to business and professional office and residen- tial use. Business uses whfch include other than incidental retail or wholesale transactions, whether accomplished on or off site, shall not be allowed. 4. PRIOR TO THE ISSUANCE OF ANY GRADING PERMITS, the developer shall: a. ~B~ain-Hea~N-Oe~a~me~ a~p~eval ~e~-~Ne se~e ta~k-an~-d~a~e%~ system ew Obtain City Engineering Department approval for sanitary sewer connection. b. Obtain approval of the Fire Department for removal of the existing building and fuel tanks. c. Obtain approval of the Engineering Department for provisions for tempc~ary soil stabilization during construction. 5. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, the developer shall submit and obtain approval of responsible City departments for a site plan which includes: a. Locatio6 of a new fire hydrant on an adequate sized water main subject to Fire Department specifications. b. LandScaping as follows: (1~ Along Kitsap Way: An area no less than ten (10) feet wide as follows: (a) Evergreen and deciduous trees, with no more than 50% being deciduous, a minimum of six (6) feet in height and planted at intervals of no greater than thirty (30) feet on center; and ~ - ~u~, a m~im~m ~ ~½ ~ee~ ~ ~ei§~, ~te~ ~ t~ ~e ~eN~ w&~ ~e ~¥ere~ w~h~ ~ree ~8~ yeaF~i ~ 2 ~ Earth mounding, an average of 3½ feet in height, planted ~ith shrubs or living ground cover so that the ground will be covered within three (3) years; ~ 7~s~a~ Ba~ie~ a~ leas~ ~½ ~ee~ ~ ~e~§~. *New wording is underlined. Deletions are shown crossed out with dashes. *~This provision would allow the proposed condominium configuration only if the Zoning Ordinance is later amended as proposed in Exhibit "F". E _X Hi I B I T "At page -2- ~¢~ 6ai~ ~andsca~e~ area may Be ~eea~e~-e~ ~Ne K4~sa~ Way way a~ace~ ~e ~e subje~-p~e~e~y-w~-~Ne-fe~ew4~§ p~e¥is4e~s: ~ - $a4~ ~a~sca~e~ a~ea sNalg be-~e~eea~e~ ~e ~e %~b~e~ p~epe~y ~S ~e-~4§N~-~S-way is req~4~e~ ~ g4ty ~se. ~ - Ihe e~4~e e~s~ e~ mevi~§ sa4d-a~ea sNa~l be b~e by ~e m ~e~y ewme~ 8 - Pm48m-te-$ss~amse ~S ~e ~ss~pansy ~erm4~ tNe Ueveg8per ~e¥4de le§a~ assurances, s~bjes~ ~8 ap~oYag eS ~Ne s~SSis4e~ ~e §~a~an%ee e~ee~iem eS ! aRU ~ abeve= (2) Within an area fifteen (15) feet from intersections of each driveway and the edge of the street pavement, landscaping and screening described shall consist of plant materials which will cover the ground within three (3) years and which will not exceed 3 ~2 feet in height, to provide visual relief where clear sight is necessary for safe access. Trees are also permitted if the trunks are free of branches below sg~ ~6~ seven (7) feet in height. (3) Where trees overhang a sidewalk there shall be at least six (6) vertical feet of free sight clearance. (4) Within the Kitsap Way right-of-way in the area between the sidewalk and the boundary of the subject site~ e~epg $m.~e ~en ~lO~ ~e~ a~ea %a~ssa~eU as ~e§wi~e~ ~ ~(§) ~t): living ground cover planted to achieve total ground coverage within three (3) years, or lawn; trees and shrubs may be included at the developer's option. c. Signs limited as follows: (1) One (1) freestanding sign limited to an area of fifty (50) square feet and ten (10) feet in height and placed so as not to interfere with safe pedestrian or vehicular access. (2) One (1) wall-mounted sign limited to one hundred forty (140) square feet. (3) Sign information shall pertain only to uses on the site. d. Exterior lighting which does not flood light the building facade nor directly illuminate adjacent uses. e. Qm-sg~e Parking according to the following requirements: (1) Medical offices: five (5) spaces per doctor. (2) Other offices: one (1) space per 350 square feet of gross floor area. (3) Dwelling Units: one (1) designated space per unit. (4) Up to 50% of the above required office parking may be provided off-site consistent with Joint Use Sections 712- 713 of the Bremerton Zoning Ordinance. f. A-m~mgm~m-e~-~$me-~9)-mgR~m~m-see~%y Bicycle parking spaces consistent with the Bremerton Planning Commission's 1981 Adopted Bicycle Parking Standards. g. Provisions for erosion control and storm water detention and controlled outflow to Engineering Department specifications. E J~ R I ~ I, T "'At~ page ~3- h. Energy-conserving site and building design. i. Placement of all utilities serving the subject site underground where feasible. 6. PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT, the developer shall: a. Construct a Portland concrete cement sidewalk, curb and gutter along the entire Kitsap Way frontage to Engineering Department specifications and provide legal assurances, subject to approval of the City Attorney, sufficient to guarantee construction of said facilities if development and improvement plans for this portion of Kitsap Way are not yet finalized by the City. The location of said sidewalk, curb and gutter shall be determined by the City Engineer. b. Place in escrow $4700 to construct a center turn lane or frontage road in Kitsap Way as determined by the City Engineer at such time as future development and/or traffic conditions warrant it. ¢. Provide a performance assurance device for 110% of the estimated cost of landscaping to be performed, whereby the property owner will provide the City with a non-revocable notarized agreement granting the City and its agents the right to enter the property and perform any required work re- maining undone at the end of one year after issuance of a Certificate of Occupancy. d. Provide a maintenance assurance device for at least 10% of the replacement Cost of landscaping materials, whereby the property owner will provide the City with a non-revocable notarized agreement granting the City and its agents the right to enter the property and replace any unhealthy or dead plant materials for a period of one year from issuance of a Certificate of Occupancy. e. Remove and replace any existing power poles if necessary to develop the site as required. f. Comply with all requirements listed above.