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HomeMy WebLinkAbout02/08/00 TAPE #1685 CITY COUNCIL MEETING MINUTES February 8, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4m Street, Bremerton, Washington, Tuesday, February 8, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, and Cecil McConnell. Council member Wayne Olsen was absent. Also present were Assistant City Attorney Steve Reich, Deputy City Clerk Paula Johnston, and Legislative Assistant Loft Smith. The meeting opened with the Pledge of Allegiance led by Council President Arends, followed by the invocation given by Church EIder Chat Simpson of Lincoln Avenue Bible Church. President Arends made the following announcements: (1) City Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; followed by a 10-minute Executive Session to discuss a "Review of Personnel Performance" per Chapter 42.30.110(1 )(g). (2) item No. 12(A) was not meant to be on the Agenda tonight, and will be heard next week. CONSENT AGENDA A. Minutes of Meeting - January 19, 2000 #AB00-031 B. Grant Application for Funding Support for Conference #AB00-032 Sponsored by the National Institute of Justice #0035 M/S/C/U (McConnell/Law) Motion to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS 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 that had been made available to the Council. #0060 M/S/C/U (Law/McConnell) On February 8, 2000, the Council does approve ~or payment as follows: 238485 through 238648 in the amount of $439,163.03; Regular Payroll in the amount of $912,104.94 for the period ending January 31,2000; and Retiree Payroll in the amount of $122,788.03 for the period ending January 31,2000. COUNCIL MEMBER REPORTS Mike Shepherd encouraged citizens to participate in the First Friday Art Walk events, as well as any upcoming performances at the Admiral Theater. Lastly, he announced a neighborhood meeting to be held at the Kitsap Community Resources Building on Park Avenue, Tuesday, February 15, 2000, beginning at 6:30 P.M. to inform citizens how to protect their children from a sex-offender who recently moved to the area near Evergreen Park. Ed Rollman announced the Bremerton Transportation Center would be open soon. John Law announced the next District 3 meeting would be held Tuesday, February 15, 2000, beginning at 7:00 P.M., at the Senior Center located at E. 13th Street & Nipsic Avenue. The main topics for the evening will be "Manette Bridge Concerns" with John Wynands, WSDOT Project Engineer; and the "Proposed Recreation Center' with the Mayor and Cris Gears, Parks Director. TAPE #1685 City Council Reg. Mtg. Minutes February 8, 2000 Page 2 of 6 Cecil McConnell announced the next combined District I & 2 meeting would be held Thursday, February 17, 2000, beginning at 7:00 P.M., at the Sheridan Parks Recreation Center. The main topic will be "Eave Runoff Separation" with Gene Sampley, Director of Public Works & Utilities; and the "Proposed Recreation Center" with Cris Gears, Parks & Recreation Director. President Arends referred to a front-page article printed in The Sun, which seemed to present the wrong impression of the Charleston Business District. She called attention to the fact that Callow Avenue has many wonderful businesses that make it a nice place to visit. MAYOR'S REPORT Mayor Horton 1 ) introduced members of Boy Scout Troop 1560, who were attending the Council meeting to learn how City Government works; 2) announced a 35th Legislative Town Hall meeting sponsored by Representatives Bill Eickmeyer and Kathryn Haigh, on Saturday, February 19, 2000, beginning at 3:30 P.M. in the Council Chambers; 3) encouraged citizens to attend a "Legislative Rally" on Thursday, February 17, 2000, beginning at noon at the Capitol Building in Olympia to encourage the Governor and Legislature to maintain existing ferry service operations; and 4) informed the public that she has been working with Diamond Parking and the City Police Department on parking issues in the downtown area. Police Chief Rob Forbes introduced James N. Docter, Municipal Court Judge, to administer the OATH OF OFFICE during a Swearing-In Ceremony for Royd May, (newly hired on August 9, 1999); Richard Cronk, (promoted January ~, 2000 to Sergeant); Mark Thompson, (promoted February 4, 2000 to Sergeant); and Thomas Pratt, (promoted February 4, 2000 to Lieutenant). LEGISLATIVE REPORT A response was provided to David Jensen regarding his concerns over increased parking rates. He was provided a copy of the ordinance that gave the Administration leeway to establish fair market parking rates, which were raised to adjust for the lack of a CPI inflator over the past ten years. PUBLIC RECOGNITION Pat Wright, Chairman of the Year-2000 Armed Forces Festival Committee, responded to Councilman Ed Rollman's suggestion for a Grand Marshall for the upcoming Parade, by stating that Grand Marshall's are chosen well in advance, but the suggestion would be retained for future consideration. Donald L. Larson, President of the Kitsap Diving Association, felt that some of the trees should be restored in the area, and announced that anyone interested in obtaining information about the Seaport Village in San Diego can check their web site at www.spvillage.cOm. Jerry Soriano voiced his concerns over the lack of parking, as well as enforcement, on 4th Street. Mr. Farr asked that Council move this issue up on their "priority list" to find some answers. Frances Myers, Owner of Charleston Cinemas, announced the "Charleston Cinema 2000 Summer Matinee Program", and encouraged interested sponsors to call 373-6093 (at a cost of $450.00). Don Bulmon suggested the planting of shrubs near the boardwalk for Earth Day. Jeff Turnine referred to several articles in The Sun, and encouraged citizens to write letters voicing their concerns over lack of funding for bus and ferry service. TAPE #1685 City Council Reg. Mtg. Minutes February 8, 2000 Page 3 of 6 9A - APPOINTMENT OF ANDY KOSUSKO TO THE PLANNING COMMISSION, #AB00-033 Mayor Horton stated that there are two vacancies on the Planning Commission, and recommended that Andy Kosusko fill one of the vacancies. There were no comments from the public. #1505 M/S/C/U (Law/Farr) Motion to confirm the appointment of Andy Kosusko to the Planning Commission. 9B - APPOINTMENT OF H. EMILY MOSHAY TO THE PLANNING COMMISSION, #AB00-034 Mayor Horton recommended that H. Emily Moshay fill the other vacancy on the Planning Commission. There were no comments from the pubtic. #1615 M/S/C/U (Farr/McConnell) Motion to confirm the appointment of H. Emily Moshay to the Planning Commission. Mike Shepherd left the meeting at approximately 6:20 P.M 9C - INTERGOVERNMENTAL COOPERATIVE RESPONSE AGREEMENT WITH CENTRAL KITSAP FIRE & RESCUE, #AB00-035 Fire Chief AI Duke, stated that a proposed Cooperative Response agreement between the City of Bremerton and Central Kitsap Fire & rescue was included with the Council's information. He then summarized that a committee consisting of both Fire Chiefs, elected officials from both entities, and the labor representative from each entity started the process of upgrading the Mutual Aid agreement back in October of 1997. The result of the cooperative effort was a Response Agreement from January 1, 1999 to December 31, 1999. At the end of that year, the contract was evaluated and it was determined that a longer-term agreement is appropriate at this time, therefore, this current agreement is for a three-year period. There were no comments from the public. Mr. McConnell commented that he attended quite a few meetings during the negotiations, and believes this agreement will be positive for the citizens. #1740 M/S/C/U (McConnell/Farr) Motion to authorize the Mayor to sign and enter into a Intergovernmental Cooperative Response Agreement with Central Kitsap Fire & Rescue for a term of three (3) years. 9D - ACCEPTANCE OF PUBLIC WORKS TRUST FUND PRE-COSNTRUCTION LOAN AGREEMENT FOR CSO REDUCTION PROJECTS DESIGN, #AB00-036 Jeff Shea, Senior Engineer, announced that the City was issued a Public Works Trust Fund Pre- Construction Loan for $906,000.00. This loan provides 80% of the required funding for pre-design and design of CSO reduction improvements for the final seven CSO basins (Pine Road, Stevens Canyon, Cherry Avenue, Pacific Avenue, Tracyton Beach, East Park, and Trenton Avenue basins). The requested action before the City Council is approval of the Public Works Trust Fund Pre- Construction Loan Agreement. There were no comments from the public. TAPE #1685 City Council Reg. Mtg. Minutes February 8, 2000 Page 4 of 6 Mr. Farr asked for information on the interest rate. Mr. Shea responded the interest rate was 2%. #1830 M/S/C/U (Farr/Reed) Motion to approve the Public Works Trust Fund Pre-Construction Loan Agreement for $906,000.00 and authorize the Mayor to execute the same. John Law left the meeting at approximately 6:30 P.M. 10A - ORDINANCE (FIRST READING) REPEALING ORDINANCE NO. 4676, REGARDING REVENUE LICENSING OF RESIDENTIAL RENTAL BUSINESSES, #AB00-037 Mayor Horton summarized that the Legal and Administrative Services Departments are recommending that Council repeal Ordinance No. 4676 in its entirety. This ordinance is modeled after the Mukilteo ordinance, which was determined to be an unconstitutional tax by the State Supreme Court in December of 1999. At the time the ordinance was adopted by the City, the Council made it clear it was aware of the pending Supreme Court action, and would respond to that ruling when filed. It is recommended that the City Council review its options after the Supreme Court rules on 1-695, which limits the City's options at this time. Other options will be researched. There were no questions or comments from the public. #1995 M/S/C/U (Reed/Rollman) Motion to approve the ordinance, repealing Ordinance No. 4676 in its entirety, on first reading. 10B - ORDINANCE (FIRST READING) AMENDING B.M.C. 9.24 AND ADDING PROVISIONS FOR THE IMPOSITION OF A "STAY OUT OF AREAS OF PROSTITUTION", #AB00-038 Detective Wendy Davis, Bremerton Police Department, stated that the proposed amendment of BMC 9.24 would reflect necessary changes to the City's needs. These changes additionally add provisions for the imposition of a "Stay Out of Areas of Prostitution" order as a condition of pre-triat release. A map was presented to designate the additional areas. Frances Meyers asked what happens if the ordinance is violated. Det. Davis responded that the person would be arrested and taken to jail, just for being in the designated area. Larry Dickerson voiced his support for this ordinance as a tool to assist Police Officers, and even suggested the area be expanded to include Burwell Street from Pacific to Callow Avenues. H. Emily Moshay complimented the work Mr. Dickerson has done in the area to assist the Police Officers and suggested a citizen task force to address this situation. Mary Ellen DeBard also voiced her support for this ordinance, and relayed a story of being mistaken for a prostitute near her own home, where she has also taken down many license plate numbers. Dana Ormbreck also relayed experiences of watching prostitutes "working" right in front of her house, and was frustrated enough to want to sell her home. Mr. McConnell asked if this ordinance was used in other cities, and was it successful. Steve Reich reported this ordinance is in use in other cities, and that there have been no legal challenges. Mr. Farr asked the Legal Department to closely watch any legal challenges in other municipalities. Mr. Esser asked if the Police would be able to approve any streets added or deleted to the present designated area. Det. Davis stated that any revisions would need to be approved by Council. #2990 M/S/C/U (McConnell/Reed) Motion to approve changes to BMC 9.24 on first reading. TAPE #1685 City Council Reg. Mtg. Minutes February 8, 2000 Page 5 of 6 11A - RESOLUTION NO. 2738, SETTING A HEARING DATE OF MARCH 8, 2000 FOR VACATING A PORTION OF SHORE DRIVE. #AB00-039 Jeff Shea, Senior Engineer, noted that the area of the proposed vacation would replace an inaccurate description of a right-of-way from 50 feet to 60 feet on Shore Drive. The original plat for this area allows room for interpretation of the width. It has recently become evident that the right-of- way is actually 60 feet wide, Existing properties that abut this right-of-way have structures that were built to the 50-foot right-of-way line and are actually encroaching on City right-of-way. The City Council is requested to establish a hearing date of March 8, 2000, to consider the proposed vacations. Staff recommends passage of the proposed Resolution. There were no comments from the public. #3130 M/S/C/U (Farr/McConnell) Motion to pass Resolution No. 2738 setting a hearing date of March 8, 2000 for the vacation of a portion of Shore Drive. 11B - RESOLUTION NO. 2739, SETTING A HEARING DATE OF MARCH 8. 2000 FOR VACATING A PORTION OF PETERS STRET FROM POINDEXTER AVENUE TO HUMPHREY AVENUE, #ABO0-040 Jeff Shea, Senior Engineer, stated that Charles Haselwood has petitioned the City of Bremerton to vacate a portion of the Peters Street right-of-way that abuts Coca-Cola's property. This vacation includes the northwest portion of Peters Street between Poindexter Avenue and Humphrey Avenue. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. The only improvement on this right-of-way is a Puget Sound Energy power line that serves the adjacent residential properties. The City Council is requested to establish a hearing date of March 8, 2000, to consider the proposed vacation. Staff recommends passage of the proposed Resolution. There were no comments from the public. #3251 M/S/C/U (Reed/McConnell) Motion to pass Resolution No. 2739 setting a hearing date of March 8, 2000 for the vacation of a portion of Peters Street from Poindexter Avenue to Humphrey Avenue. 11C - RESOLUTION NO. 2740, SETTING A HEARING DATE OF MARCH 8, 2000 FOR VACATING A PORTION OF 12TM STREET AND TWO ALLEY RIGHTS-OF-WAY. #AB00-041 Jeff Shea, Senior Engineer, indicated that the City has initiated the vacation process for portion of 12th Street between Elizabeth Avenue and Park Avenue, and two alleys south of 13th Street and west Of Park Avenue. These rights-of-way are currently undeveloped for access purposes, but a building and parking lot exist on portions of these rights-of-way. The adjacent property is owned by the City and leased to the Kitsap Community Action Program. The City Council is being requested to establish a hearing date of March 8, 2000 to consider the proposed vacations. Staff recommends passage of the proposed Resolution. There were no comments from the public, #3346 M/S/C/U (McConnell/Reed) Motion to pass Resolution No. 2740 setting a hearing date of March 8, 2000 for the vacation of a portions of 12th Street and two alleys south of 13th Street and west of Park Avenue. TAPE #1685 City Council Reg. Mtg. Minutes February 8, 2000 Page 6 of 6 11D - RESOLUTION NO. 2741, SETTING A HEARING DATE OF MARCH 8, 2000 FOR VACATING A PORTION OF CHESTER AVENUE, #AB00-042 Jeff Shea, Senior Engineer, summarized that Richard Sollum has petitioned the City of Bremerton to vacate a portion of Chester Avenue right-of-way that abuts his property. No other properties abut this portion of the right-of-way. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. A portion of the proposed area to be vacated has been maintained as landscaping and the adjacent property owners have used a portion as gravel shoulder parking. The City Council is being requested to establish a hearing date of March 8, 2000 to consider the proposed vacations. Staff recommends passage of the proposed Resolution. There were no comments from the public. #3457 M/S/C/U (Rollman/Reed) Motion to pass Resolution No. 2741 setting a hearing date of March 8, 2000 for the vacation of a portion of Chester Avenue north of 11th Street. With no further business meeting adjourned at 7:05 P.M. CAROL ARENDS, City Council President City of Bremerton P j/CA/is C: Normal Distribution File