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.