CC: 032196MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
Mayor West called the regular Council meeting to order at 7:00 PM with Councilmembers Averill,
Curtis, Halligan, Lancy, Maron, Sutton and Wooldridge present as well as City Administrator Nordby,
Directors Bryan, Eells and Warren and City Attorney Kaseguma. City Clerk Kasper monitored the tape
of the meeting.
ITEMS DISCUSSED
1. ADDITIONS/DELETIONS TO THE AGENDA
2. OPERATIONS & INTERGOVERNMENTAL CO-ORDINATING COMMITTEE REPORT
3. OPEN PUBLIC COMMENT (Items not on the agenda)
4. CONSENT AGENDA: A. VOUCHER APPROVAL
B. MINUTES REGULAR COUNCIL MEETING FEBRUARY 15, 1996
C. MINUTES REGULAR COUNCIL MEETING MARCH 7, 1996
D. AB 5025 WATER RESOURCES STUDY CONTRACT WITH KATO & WARREN
E. AB 5025 WATER RESOURCES STUDY INTERLOCAL AGREEMENT WITH PUD NO1
F. AB 769 SANDS ROAD WATER TRANSMISSION MAIN FINAL ACCEPTANCE
G. AB 5038 WATER QUALITY MONITORING PROGRAM
5. AB 5033 OPTIONS TO PURCHASE PROPERTY
6. AB 5039 KALLGREN GROVE PRELIMINARY PLAT APPROVAL (SUB07-21-95-1)
7. AB 5036 ROAD CONDITION SURVEY CONTRACT WITH HAMMOND, COLLIER &
WADE-LIVINGSTON
8. AB 5037 FIRE DISTRICT SEWER SERVICE
9. ORDINANCES: IST READING
A. AB 5031 ORDINANCE NO. 96-18, PURCHASING PROCEDURES
B. AB 5032 ORDINANCE NO. 96-19, ISSUANCE OF CREDIT CARDS
2ND READING
C. AB 5028 ORDINANCE NO. 96-14, AMENDING BIMC 18.105, SITE PLAN REVIEW AS
REQUIRED BY ESHB 1724 AND ADOPTED POLICY OF THE COMPREHENSIVE PLAN
D. AB 5029 ORDINANCE NO. 96-15, PARK AND RIDE
3RD READING
E. AB 4094 ORDINANCE NO. 96-09, OPEN SPACE & PLANTING REQUIREMENTS,
"LANDSCAPE REQUIREMENTS", PARKING CODE AMENDMENT
F. AB 4099 ORDINANCE NO. 96-08, MIXED TOWN USE & HIGH SCHOOL ROAD I &
II ZONING AND RELATED ZONING AND DESIGN STANDARDS
10. RESOLUTIONS:
A. AB 5035 RESOLUTION NO. 96-13, DECLARING SPOILS SURPLUS
B. AB 5033 RESOLUTION NO. 96-14, LINEAR MOORING SYSTEM SHORELINE
SUBSTANTIAL DEVELOPMENT PERMIT APPROVAL
C. AB 3192 RESOLUTION NO. 96-15, JERRY JAY/JOAN JELINEK FINAL PLAT
APPROVAL
D. RESOLUTION NO. 96-16, COMMENDING LT. GOVERNOR JOEL PRITCHARD
11. MAYOR'S REPORT:
MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
12. CITY ADMINISTRATOR'S REPORT:
13. EXECUTIVE SESSION: Litigation
14. REPORTS OF COMMITTEES:
A. COMMUNITY RELATIONS
B. FINANCE & PERSONNEL
C. LAND USE
D. OPERATIONS & INTERGOVERNMENTAL COORDINATING
E. PUBLIC WORKS & TRANSPORTATION
15. ADJOURNMENT
1. ADDITIONS/DELETIONS TO THE AGENDA
Mayor West explained Ordinance No. 96-12, Uniform Building Code has been removed from
the agenda.
2. OPERATIONS & INTERGOVERNMENTAL CO-ORDINATING COMMITTEE REPORT
Members of the Operations & Intergovernmental Co-ordinating Committee presented a report
in which they recommended that city hall should be located on a site directly west of the
Bainbridge Performing Arts theater and north of Winslow Way in combination with property
owned by the City. They also recommended that the City purchase the following adjacent
properties: 1) the pet store located at 215 Ericksen Avenue for a purchase price of $290,000;
2) vacant property located south of the BPA theater and north of Winslow Mall for a purchase
price of $140,000; 3) vacant property southwest of the BPA theater at the end of Madrona Lane
for a purchase price estimated at $115,000; and 4) the Jiffy Mart property located on Madison
Avenue for an estimated purchase price of $465,000. If all four properties are purchased the
City will expend $1,010,000 for a 4.3 acre site on which City Hall, BPA Theater, parking and
a proposed "town square" will be located. The committee recommended the public be allowed
to comment in writing at any time and in person at a special City Council meeting to be held
on April 25, 1996, and that Council act on these recommendations by June 1996.
The Committee reported that they have met with City employees, the property tenants and
owners, and the BPA Board prior to the public announcement.
3. OPEN PUBLIC COMMENT (Items not on the agenda)
Merrill Robison urged the City Council to formally apply for ownership of the Navy housing
property located on Government Way between Madison and Grow Avenues for use as affordable
housing.
4. CONSENT AGENDA: A. VOUCHER APPROVAL
B. MINUTES REGULAR COUNCIL MEETING FEBRUARY 15, 1996
C. MINUTES REGULAR COUNCIL MEETING MARCH 7, 1996
D. AB 5025 WATER RESOURCES STUDY CONTRACT WITH KATO & WARREN
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MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
E. AB 5025 WATER RESOURCES STUDY INTERLOCAL AGREEMENT WITH PUD
NO 1
F. AB 769 SANDS ROAD WATER TRANSMISSION MAIN FINAL ACCEPTANCE
G. AB 5038 WATER QUALITY MONITORING PROGRAM
Item G, was removed from the consent agenda for additional discussion.
On motion by Councilmember Averill, second by Councilmember Wooldridge, consent agenda
items A - F, were unanimously approved with the following amendment to the heading of item
B, Minutes of February 15, 1996: Council Chair Maron called the regular meeting to order...
Item G, Water Quality Monitoring Program
Watershed Planner Kennel explained approval of this item will allow the water quality
monitoring program to continue with DOE Grant funding, a carryover from the 1995 budget of
$25,000 and $15,000 budgeted for 1996. She stated the continuance of this program will allow
the city to better understand the source of water quality problems. She reported volunteers who
live along streams dubbed "Stream Teams" will be educated with program funding.
On motion by Councilmember Lancy, second by Councilmember Curtis, the Water Quality
Monitoring Program was unanimously approved.
Voucher Approval
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.
As of this date March 21, 1996, the Council, by a unanimous vote does approve for payment
those vouchers included in the above list and further described as follows: check numbers 49538
through 49681 in the total amount of $305,545.07.
5. AB 5033 OPTIONS TO PURCHASE PROPERTY
Councilmember Maron identified options to purchase property as follows: 1) Authorize payment
of $2,500 for a six month option to purchase real property described as property located behind
Winslow Mall, purchase price: $140,000, to be entered into by the City of Bainbridge Island and
Alice Sandstrom, Kay Edwards and Rae Azose; 2) authorize payment of $2,500 for a six month
option (exercised on or before September 30, 1996) to purchase real property described as the
Pet Store Property located at 215 Ericksen Avenue, purchase price: $261,000, with Michelle
Akers. He moved to approve the options to purchase property and to authorize the Mayor to
sign the options. The motion was seconded by Councilmember Curtis and unanimously
approved.
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MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
6. AB 5039 KALLGREN GROVE PRELIMINARY PLAT APPROVAL (SUB07-21-95-1)
On motion by Councilmember Maron, second by Councilmember Sutton, the review of the
Kallgren Grove Preliminary Plat Approval (SUB07-21-95-1) was unanimously scheduled for
April 4, 1996.
7. AB 5036 ROAD CONDITION SURVEY CONTRACT WITH HAMMOND, COLLIER &
WADE-LIVINGSTON
Councilmember Maron explained the proposed contract will enable the city to conduct a survey
of the following six roads to determine their present condition and an estimate of the cost to
repair them: Day Road E., Manitou Beach Road, High School Road between Sportsman Club
and S. Madison, Wing Point Road between Ferncliff and Wing Point Road, Wyatt Way between
Eagle Harbor Drive and S. Madison and the Fletcher Bay and New Brooklyn intersection. He
excused himself from participation in the vote on the proposed contract due to the representation
his law firm has supplied Hammond, Collier & Wade -Livingston.
On motion by Councilmember Wooldridge, second by Councilmember Lancy, the expenditure
of funds in the not to exceed amount of $34,500.00 for completion of a Road Condition Survey
with AEC/HCW-L was approved with Councilmembers Averill, Curtis, Halligan, Lancy, Sutton
and Wooldridge in favor; Councilmember Maron abstaining.
8. AB 5037 FIRE DISTRICT SEWER SERVICE
Following discussion of the request made by the Fire District to hook up to city sewer service
and of the future sewer service area, Councilmember Maron moved to approve a modification
of the sewer service area to include the Fire District Headquarters Facility and allow the Fire
District to tie into the existing sewer force main. The motion was seconded by Councilmember
Sutton and unanimously approved.
9. ORDINANCES: IST READING
A. AB 5031 ORDINANCE NO. 96-18, PURCHASING PROCEDURES
The ordinance was referred to the Finance Committee.
B. AB 5032 ORDINANCE NO. 96-19, ISSUANCE OF CREDIT CARDS
The ordinance was referred to the Finance Committee.
2ND READING
C. AB 5028 ORDINANCE NO. 96-14, AMENDING BIMC 18.105, SITE PLAN REVIEW
AS REQUIRED BY ESHB 1724 AND ADOPTED POLICY OF THE COMPREHENSIVE
PLAN
Director Warren explained the Land Use Committee has reviewed the ordinance which is needed
to bring the City's procedures in compliance with state law. She introduced Sr. Planner Mal
Platt.
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MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
The Council discussed the length of time the application process takes to complete. As there
was no public comment the ordinance was referred back to the Land Use Committee.
D. AB 5029 ORDINANCE NO. 96-15, PARK AND RIDE
Director Warren explained the proposed ordinance is an amendment to several sections of the
zoning ordinance and will implement transportation policy TR 4.12 permitting the location of
Park and Ride lots throughout the City. She stated the Planning Commission recommended that
all Park and Ride lots be identified as CUPs.
Mayor West suggested that ordinance Section 18.06, located on pg. 1, defining Park and Ride
lots should read: ...where commuters park their vehicles and continue to travel to another
destination via public transit, or carpool, or vanpool "or bicycle".
Councilmember Maron suggested the committee discuss whether Park and Ride lots should be
CUPs or permitted uses.
Charles Schmid, 10677 Manitou Park Boulevard, urged the Council to retain the CUP
designation.
The ordinance was referred back to the Land Use Committee.
3RD READING
E. AB 4094 ORDINANCE NO. 96-09, OPEN SPACE & PLANTING REQUIREMENTS,
"LANDSCAPE REQUIREMENTS", PARKING CODE AMENDMENT
Director Warren explained the Land Use Committee recommends elimination of the greenway
issue from the ordinance for separate discussion and action.
On motion by Councilmember Averill, second by Councilmember Curtis, Ordinance No. 96-09,
Open Space & Planting Requirements "Landscape Requirements", Parking Code Amendment,
was unanimously approved and section 18.85.080, Greenways Section, and any references to
that section were deleted.
F. AB 4099 ORDINANCE NO. 96-08, MIXED TOWN USE & HIGH SCHOOL ROAD I
& II ZONING AND RELATED ZONING AND DESIGN STANDARDS
Director Warren identified amendments made to the ordinance as a result of the March 7,
Council meeting.
Councilmember Wooldridge, referring to examples shown on Pg. 7, stated example 1, Section
18.40.040, should read: Affordable Housing Requirement of 18.40.040 - + 2 units, to
correspond with sentence No. 3, in the paragraph above it; Pg. 1013, should read: ...High
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MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
School Road I and II zoning districts is encouraged to be located behind, to the side of, or under
buildings.
Parking requirements for lower Ericksen Avenue were discussed. The consensus was to raise
retail, commercial and personal services maximum spaces per 1,000 sq. ft., located on Pg. 6,
under "Parking Requirements", from 3 to 4.
Larry Stutsman asked why the lot coverage and height limitation of the Gateway District are
25 % and 25 ft. as compared with 35 % and 35 ft. in other districts. He was informed the Land
Use Committee will review this issue.
10. RESOLUTIONS:
A. AB 5035 RESOLUTION NO. 96-13, DECLARING SPOILS SURPLUS
City Administrator Nordby explained that when volumes of materials acquired by the Public
Works Department become too large those materials may be surplussed and made available to
the public.
On motion by Councilmember Maron, second by Councilmember Sutton, Resolution No. 96-13,
Declaring Spoils Surplus, was unanimously approved.
B. AB 5033 RESOLUTION NO. 96-14, LINEAR MOORING SYSTEM SHORELINE
SUBSTANTIAL DEVELOPMENT PERMIT APPROVAL
Director Warren explained the City applied for a shoreline substantial development permit to
continue using a temporary moorage system located in Eagle Harbor. She read Planning
Commission Chair Anderson's letter recommending approval of the permit.
On motion by Councilmember Maron, second by Councilmember Lancy, Resolution No. 96-14,
allowing for a 200 foot Linear Mooring System permit applied for by the City of Bainbridge
Island, was unanimously approved.
C. AB 3192 RESOLUTION NO. 96-15, JERRY JAY/JOAN JELINEK FINAL PLAT
APPROVAL
Director Warren presented the scope of the project and listed all conditions of approval which
have been met with the exception of the binding water availability letter from S. Bainbridge
Water System. She urged the Mayor not to sign the final plat until that letter has been received
but recommended approval of the final plat.
Mr. Jay read change he proposed be made to the covenants: 2.2.2.1, Height Restrictions, which
should read: In order to preserve scenic views and the intent of this covenant and the conditions
contained herein, all building and site plans for improvement of individual parcels within this
plat shall be approved in advance and in writing by the Development Review Board.
MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
2.2.2.2, View Preservation, should read: Height restrictions are hereby established to prevent
scenic views from being obstructed by adjoining properties. Said scenic views represent a
significant portion of the value of individual lots and it is important that views not unreasonably
be diminished, however, each property owner's inherent property rights should be recognized
equally with those of adjoining property owners and the right to maintain a view existing within
a parcel is purchased is not intended to prevent other parcels owners from landscaping or
building on respective parcels. Height restriction 2.2.2.3, should read: Height restriction is the
maximum height of all buildings and structures shall not exceed the values stipulated in the
current building height code; 2.2.2.4, should read: If a view corridor is over time blocked by
the growth of trees or other vegetation, trees or other vegetation should be trimmed to preserve
the view extent at the time of the recording of this plat. He explained his water system has been
installed, all fees have been paid and the approval has been delayed by the Utilities and
Transportation Commission because of a contract problem.
Councilmember Sutton moved to approve Resolution No. 96-15, Jerry Jay/Joan Jelinek Final
Plat Approval, with amendments to the CCR's. Councilmember Curtis seconded the motion.
There was discussion regarding the membership of the Development Review Board.
Councilmember Maron suggested the following language: The Development Review Board
consist of all the lot owners. Paving of the road was discussed.
Council members Sutton and Curtis accepted the amended language proposed by Councilmember
Maron and the motion was unanimously approved.
D. RESOLUTION NO. 96-16, COMMENDING LT. GOVERNOR JOEL PRITCHARD
On motion by Councilmember Curtis, second by Councilmember Averill, Resolution No. 96-16,
Commending Lt. Governor Joel Pritchard for his many years of public service was unanimously
approved. Mayor West was asked to include in her letter to Lt. Governor Pritchard mention of
his accomplishments in the "Pickle Ball" arena.
11. MAYOR'S REPORT:
Mayor West reported the Operations & Intergovernmental Coordinating Committee approved
the appointment of Bill Isley to the Winslow Master Plan Committee at the request of the
Committee; that the Department of Ecology has contracted to conduct a remedial study of the
Vincent Road Landfill which will have little impact on the neighborhood since the work will be
done on weekdays during daylight hours; that Councilmembers Averill and Sutton accompanied
her to the Joint City Council Coalition meeting in Poulsbo and that the next meeting will be held
in Bremerton during June.
12. CITY ADMINISTRATOR'S REPORT:
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MINUTES REGULAR COUNCIL MEETING
MARCH 21, 1996
City Administrator Nordby reported he will be meeting with EPA, the Department of Natui—
Resources, Washington State Ferries, the Coast Guard and the Corp of Engineers regarding
Eagle Harbor; that he met with Team Winslow at its first Spring membership meeting during
which he addressed the Brien/Bjune/Madison Avenue reconstruction project and the long range
improvements to Winslow Way (water, road/sidewalk feasibility study); that he has discussed
technological improvements which will lead to a "Virtual City Hall" with several. City Council
Committees; that during the telephone network linking of the Planning and Public Works
Departments there will be telephone down time in the Planning Department and that all efforts
are being made to notify the public.
13. EXECUTIVE SESSION
The regular Council meeting of March 21, 1996, was adjourned to executive session to discuss
litigation. The tape recorder was turned off, Council Chambers was cleared, its door closed and
posted. The regular meeting resumed immediately following executive session with the
aforementioned Mayor and Councilmembers present.
14. REPORTS OF COMMITTEES:
A. COMMUNITY RELATIONS
Councilmember Lancy reported the committee continues to meet with community organization
B. FINANCE & PERSONNEL
Councilmember Sutton suggested that Councilmembers review the minutes prepared for the last
Finance Committee meeting.
C. LAND USE
Councilmember Averill reported the committee recommends the installation of Bus Stop Signs
along SR 305 and suggests that information contained on some existing signs be combined.
D. OPERATIONS & INTERGOVERNMENTAL COORDINATING
No report.
E. PUBLIC WORKS & TRANSPORTATION
No report.
15. ADJOURNMENT
The regular Council meeting of March 21, 1996, was unanimous y adjourned at 10:45 PM.
K n��
AT EST/AU N ICATE: JANET K. WEST, Mayor
USAN P. KASPER, City Clerk