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HomeMy WebLinkAbout09/10/97 TAPE #1492 CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 1997 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, September 10, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Lon Overson, Richard Neville, John Law, Cecil McConnell, and Al Colvin. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Louis Sparks of Abundant Life Foursquare Church. President Farr made the following announcement: (1) The City Council will hold a Study Session immediately following the Council meeting, in the Council Conference Room. The topic of discussion - "contracts associated with the Sinclair Landing Project." CONSENT AGENDA NONE 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. #0035 M/S/C/U(Colvin/Montgomery) on September 10, 1997, the Council does approve for payment those vouchers included and further described as follows: 212469 through 212442 in the amount of $312,755.69; and Regular Payroll for the period ending 8-31-1997, in the amount of $837,008.85. COUNCIL MEMBER REPORTS Mr. Colvin reported District #1 will hold a Neighborhood Meeting on September 18, 1997, 7:00 P.M., at the Sheridan Park Recreation Center. The program for that meeting will include candidates and incumbents for the positions of Mayor and City Council. He announced Reverend Cleveland Williams of the Ebenezer A.M.E. Church, has been selected to serve as the first President of the Martin Luther King Scholarship Trustee Foundation. The formation of that foundation has been under consideration for 10 years. He congratulated Emanuel Apostolic Church and thanked Reverend Larry Robertson for his participation at the Constitution Day program. Ike Parker, one of the founders of the Admiral Theater Foundation TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 2 of 16 was presented an award for his efforts in the City of Bremerton over these many years. Mr. Colvin also thanked TCI and the volunteers for providing the equipment and manpower to telecast the Constitutions Day program. He thanks the City of Bremerton for cleaning up the northern approach to the Warren Avenue bridge. Mr. Law announced the next District #3 Neighborhood Meeting will be held September 16, 1997, 7:00 P.M., at the Senior Center. The guest speaker will be Henry Mincey, Policy Community Resource Manager, who will speak on "Crime Prevention." He announced on September 19, 1997, the Senior Center will celebrate its 25th Anniversary with dinner from 5:00 - 7:30 P.M., and dancing from 8:00 - 10:00 P.M. Information on this event can be obtained by calling 478-5357. Mr. Overson reported he enjoyed the museum and arts activities this past weekend and more activities are planned on the waterfront and 4th Street, which are being sponsored by the Swing City Committee. Mr. Neville reminded everyone of the Park Planning meeting for the old Haddon School site on September 23, 1997, 7:30 P.M., at the Sheridan Park Recreation Center. Mr. Montgomery acknowledged recent work by the City's Street Department on Sheridan Road between Wheaton Way and Perry Avenue. On the evening of September 3, he and a large delegation from the Bremerton/Kitsap County area attended the Navy's 106 Session on the USS Missouri's preservation, which was held at the Navy Undersea Museum. He was disappointed that the Navy selected a Commander rather than a Captain or Admiral to head up that meeting. In his opinion, the information presented was a "canned" message; however, considerable information was provided by members of the public. Mr. Winters reported he also attended the meeting on the preservation of the USS Missouri and the citizens that spoke on behalf of the Missouri staying on the mainland were very informative. He was hopeful that information will be forwarded to the right sources. He noted two weeks ago he voted "NO" on the approval of meeting minutes of August 20, 1997, because of a statement made by President Farr that a unanimous vote of the City Council approved funding for an Erosion Control Facility. As of October 9, 1996, a professional services agreement was approved with one opposing vote, which was cast by Mr. Winters. He asked that the meeting minutes be corrected to reflect the correct vote granting approval for that facility. President Farr stated he stands corrected; however, he prefaced his remarks with "I believe it was unanimous." TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 3 of 16 MAYOR'S REPORT Mayor Lynn Horton stated on August 29, 1997, the City submitted an Improvement Plan to the Washington Survey and Rating Bureau as a result of their earlier review of Bremerton's Fire Department. The Washington Survey and Rating Bureau responded as follows: "In response to your letter of August 29, 1997, we are in receipt of your improvement plan and have reviewed the contents. It appears said improvements will reduce deficiency points the needed 114 points for Bremerton to retain its present Class 3 public protection classification. Of course, this entirely depends upon the degree of implementation that occurs over the next year, not just the formulation of the plan. Specifically, there are two important aspects of the improvement plan that depend on outside factors and therefore may not be implemented, i.e., 1.2 million dollars grant for water system improvements and the November EMS levy ballot. We would appreciate immediate notification if and when the fate of these proposed improvements has been finalized." In response to the recent press conference by the Puget Soundkeeper Alliance announcing their Federal Court action to impose a moratorium on sewer hookups in Bremerton, Mayor Horton asked the City Treasurer to calculate the cost to implement the existing Consent Decree, which was originally formatted in 1993. She noted at the time the original Consent decree was negotiated, the City did not have a City Engineer or Water/Wastewater/Utility Director, so the task fell to the City Attorney Ian Sievers. That was the reason why so much effort has been made to renegotiate the Consent Decree. According to the process articulated in that Consent Decree, a mediation meeting was held between the City and the Alliance, which resulted in an agreement in principle. At the end of that mediation session, the mediator stated to her "I guess my work is concluded." Now, it appears the Alliance reneged on that mediation. The City Treasurer's calculations reveal it would cost 22 million dollars to implement the original Consent Decree, which was based on 1991 figures and would need to be increased by a minimum of 10%. A more realistic cost estimate would be 25 million dollars; however, the City Treasurer doubts Bond Counsel would approve such a bond considering the City currently has one of the highest sewer rates in the State. If such a bond was approved, it would mean a 20% rate increase in 1998. She noted in 1995 there was supposed to be a 25% rate increase; however, the City imposed a single digit increase in 1996. The intent behind renegotiating the Consent Decree was to change the prioritization of some of the basin improvements to aid the City's cash flow. After the nearly 20% rate increase for 1998, future rate increases pencil out to approximately 7% - 1999, 3.5% - 20000, and 5.5% - 2001/ 2002. If the City does not prevail in the lawsuit, a moratorium would be imposed. She talked about the CSO projects that have been completed, those in progress and what is TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 4 of 16 planned in the future. It concerned her that Bremerton was being unfairly targeted by the Alliance considering the volume of CSOs occurring in Seattle exceed two billion gallons, i.e., Bremerton's entire year's worth of CSO events do not equal one of Seattle's CSO events, yet the Alliance has not taken on Seattle. Mayor Horton read the following Proclamations: (1) SEPTEMBER 9, 1997, PRISONER OF WAR AND MISSING IN ACTION REMEMBRANCE DAY, which was accepted by Bob Sauter, Retired Sergeant Major. (2) SEPTEMBER 16, 1997, MARINE CORPS SECURITY FORCE COMPANY BANGOR, WASHINGTON, which was accepted by Bob Sauter, Retired Sergeant Major. (3) SEPTEMBER 15, 1997, GOLD STAR PARENTS AND GOLD STARS WIVES AND SISTERS REMEMBRANCE DAY, which was accepted by Nancy Moen, President of Ladies Auxiliary VFW Post 3694. (4) OCTOBER 4, 1997, BARBERSHOP DAY, which was accepted by the Silver Bay Mud Flats Quartet. PUBLIC RECOGNITION Reverend Cleveland Williams, representing the Martin Luther King Jr. Scholarship fund, announced Ike Parker and Mayor Lynn Horton were the recipients of the 1997 Bridge Builder Award. He acknowledge the presence of members of the City Council at the Constitution Day Luncheon. Bob Sauter, President Kitsap County Veterans Coalition, stated he also attended the Navy 106 Session on September 3, which he did not consider to be a legal public hearing because national protocol states all public hearings must be opened with an invocation and pledge of allegiance, which was not the case at that meeting. During public testimony, he took it upon himself to represent the 80,000 prisoners of war and missing in action. Also, due to inadequate notification the more than 700,000 veterans in the State of Washington could not voice their verbal opinions about the preservation of the Missouri, so he also represented them and their 1.5 million family members. He emphasized there is not a need for to build a war memorial in Washington, D.C., or the State of Washington, since we already have one and it is called the USS Missouri. Every veteran that served in WWII, Korea, and Vietnam has a little part of ownership in the Missouri as well as every citizen in this great nation because the unconditional surrender was signed aboard that ship and that is our memorial. It also belongs to people within the international community, such as Holland, Norway, China, Canada, Australia, New Zealand, Britain, France, etc. He does not believe the Navy owns the USS Missouri TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 5 of 16 exclusively. In his opinion, the September 6 MOM Rally on the boardwalk was a great success and drew the support from Congresswoman Linda Smith, who turned down other appointments in Washington, D.C., to participate in the Rally. Roy McInnis, Bremerton resident, reported he also attended the Navy's 106 Session and was pleased that Councilman Montgomery stayed calm during the proceedings. Dom Larson, President Kitsap Diving Association, identified the following four meeting sites for the Sinclair Inlet clean up event on September 20: First Street Dock, Lions Field Boat Ramp, Missouri Gate Parking Lot and Annapolis Boat Ramp. This event will take place from 11:00 A.M. - 2:00 P.M. Carol Atkinson, Bremerton Main Street Association, announced the Blackberry Festival was very successful with 5-6,000 more people on the boardwalk than the previous year. There is no charge to the public to attend this event; however, Ms. Atkinson publicly thanked the following sponsors: Parr Auto Group, Coca-cola, McDonalds, The Sun, Cascade Clear, Garguile's Red Apple, Power Aid, United Airlines, Budweiser, Port of Bremerton, City of Bremerton, Bayview Inn, West Marine, Kitsap Ready Mix, Pacific Northwest Marketing, Kitsap County Work Release Program, U.S. Coast Guard, Vessel Traffic System, Sheriff's Department, City of Bremerton Police and Fire Departments, Kitsap County Government, Applied Technical Systems, Olympic Resource Management, Seven Cedars Casino, Artistic Landscaping, Ameri Corps, Kitsap Bank, KPS Health Plans, Puget Sound Energy and Quality Inn. She extended a special "thank you" to the Blackberry Festival Committee. Al Duke, Fire Chief, announced the need for volunteers to serve on the Pro and Con Committees for the Emergency Medical Services Levy ballot measure. He directed anyone wishing to volunteer to call the City Council Office - 478-5280. Mr. Sauter reminded everyone of the arts and crafts fair on 4th Street on September 13 and 14. Del Knauss expressed his concern that the Commission on Council Salaries has the power to implement an increase in the Council's salary without having to go before the City Council for approval. And, whatever the committee decides, the City Council will be obligated to include it in the 1998 budget. He referenced Page 1 of the City Charter, which states: "shall" means mandatory," and he then referenced the section that addresses the "Commission on Council Salaries" that states: "Commission shall file its initial schedule of salaries for the positions of City Council members with the City Clerk no later than May 1, 1997, and shall thereafter file TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 6 of 16 schedules of May 1 of all applicable later years." It concerned him that the Commission's actions will not take place until long past that May 1 date. He suggested nothing be done to address increases in Council salaries until next year when they meet the May 1, 1998 deadline. He pointed out former Mayor Gene Lobe's salary was $49,500, former Mayor Louis Mentor's salary was $55,836 and Mayor Horton's salary is $65,790. His concern over the Mayors' salaries was the fact the public did not have any say in approving them. Ian Sievers, City Attorney, stated Mr. Knauss correctly represented the discussion at the Commission's meeting on September 8. And, the City Council received a memorandum from Mr. Sievers clarifying the impact of the Salary Commission's Ordinance. During the discussions when the charter change was submitted to the voters, it was clear that the change in salaries would be in effect once the Commission acted and filed their ordinance with the city Clerk. He understands the issue of the Commission's timely action to see that any salary increases be submitted early in the budgeting process. However, his interpretation is it is better late than never and would be more noncompliance to ignore the process for 1997 rather than submit after the May 1 deadline. 8A - CONTRACT BETWEEN CITY OF BREMERTON AND BREMERTON SCHOOL DISTRICT FOR THE CONTINUATION OF THE SCHOOL RESOURCE OFFICER PROGR~uMt ~AB97-202 The Police Community resource Division is requesting approval and authorization to enter into an agreement with the Bremerton School District 100-C to receive funds of $38,000. The funds will cover the cost of one Police Officer at 50% of the Police Department budgeted cost for 1) full-time School Resource Officer; and a part time School resource officer as needed. The Police officers assigned as School resource Officers will supplement school security by providing general and specialized police services to the School District for the 1997-1998 school year. We receive the Bremerton School District funds as a reimbursement from their grant award from the State of Washington for public school site security. Police chief Paul Du Fresne commented on the information presented in the Summary Statement and then introduced School Resource Officer Dan Fatt, who also excels in marksmanship and firearms. officer Fatt stated this will be his third school year as a School Resource Officer. His main goal is to provide a safe learning environment for students, teachers and staff members. He counsels students about their making poor choices and offers them better alternatives. He provided the following statistics: made 669 contracts (counseling or called in by school for violent intervention), out of those contacts he made a 59 arrests, which include warrants arrests issued from the Juvenile Court. Since he is starting his third year, he is seeing a "trickling affect" as students, who are making good choices, move from grade school to TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 7 of 16 the Middle School to Junior High and on up to High School. This is a positive step toward seeing gang activity and gang apparel declining at the Junior High level. And, there is a "zero" tolerance policy for any kind of violence. President Farr stated he has received very positive reports on Officer Fatt's work at the High School. Bob Sauter, Bremerton resident, commended Chief Du Fresne for all the Department's efforts in providing juvenile education programs. He encouraged parents to become more active in the proactive programs available through the Police Resources Department. Roy McInnis stated he supports this program; however, he was interested in the type of progress being made in working with students at lower levels rather than starting at the High School level? Officer Fatt pointed out most children do not have positive contacts with the Police. When he does have contact with students, such as helping them with problems at school, at home or on the street, he tries to make it a positive experience. His program is a secondary program to D.A.R.E., and as the School Resource Officer he is able to reinforce the values within those programs when he is in or out of uniform and they seek out his help. He has many success stories he could relate about students overcoming obstacles and making good behavior choices. Mr. Law questioned which level of schooling is the most effective in presenting this kind of involvement? Officer Fatt stated the learning process never stops from the day we are born and any time would be a good intervention time. He sees more problems at the Middle School and Junior High School. Students in elementary schools still have respect for authority, but once they reach Middle School they are more susceptible to peer pressure and when they reach Junior High they must prove that they are on one side of the fence or the other. During his service as a Resource Officer, he has made many interventions at the elementary school level, where he has had an opportunity to counsel students about their unacceptable behavior and show them ways to handle outbursts or problems in a positive manner. Mr. Winters stated having experienced some of the D.A.R.E. program, he also believes the key point is working with students to learn how to make the right choices. Mr. McConnell related an incident where his grandson had a disabled vehicle and Officer Fart and another officer stopped and waited with him until his father arrived to give assistance. His grandson's remark about the support he received from the Police Officers was "those were two neat guys." TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 8 of 16 #2384 M/S/C/U(McConnell/Montgomery) Motion that Council approves agreement between the city and the Bremerton School District to continue the School Resource Officer Program and authorize the Mayor to executive same. 8B - EVERGREEN PARK PHASE I CONSTRUCTION DOCUMENT PREPARATION PROFESSIONAL SERVICES AGREEMENT WITH HOUGH BECK & BAIRD, #AB97-203 In 1994, Hough Beck and Baird, Inc., competed in the RFP for the completion of a Master Plan for Evergreen park. They were the top choice and subsequently received a Professional Service Contract to create the Master Plan. With the successful award of an IAC grant for 50% matching funds for the Phase I construction at Evergreen Park, it is now time to prepare the detailed construction documents and secure the permits needed to begin the renovation. The cost associated with this action is $64,168.00. Becky Lorber, Parks and Recreation Department, stressed the strong working relationship the City has had with Hough Beck & Baird on early projects. The next step in redevelopment of Evergreen Park is preparation of the detailed construction documents. Don Larson, President Kitsap Diving Association, commended the City for moving ahead with improvement to Smith Cove. Even though he loves trees, he is concerned that plans to plant trees in the parking area may restrict maneuverability for trailered boats and trucks. Mr. Neville explained landscaping for the parking area would come at a later phase and is still under negotiations. Mr. Larson questioned when would the City implement the plan for Phase II? Mr. Neville stated when funding becomes available Mr. Larson suggested the former Brem-Air building be retained as a "shelter" for future park use. Mayor Horton announced the project to restore the seawall has been completed, which was the precursor to Phase I. After several earlier attempts to obtain grant funding for Phase I, the City was successful in receiving an IAC grant. The City did apply for IAC grant funding to move forward on Phase II, however, that project was ranked too iow, so the City will reapply next year after looking at ways to improve the application. Mr. Overson asked Mr. Lorber to highlight what will be included under Phase I. Ms. Lorber explained the documentation included with the Agenda Bill lists what Hough Beck & Baird will prepare for the architectural and construction documents on making the components real, as outlined on the Master Plan. She noted the map provided is a pictorial of the Master Plan. Mr. Overson questioned the cost figures of $79,400, shown on one of the exhibits and $64,168 identified in the agreement? Mr. Lorber stated the larger TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 9 of 16 figure includes the cost for a Project Manager and surveys conducted by the city, which would not be paid to Hough Beck & Baird, but are part of the true cost for the construction design phase. Mr. Winters questioned when negotiations were completed with Hough Beck & Baird for this proposal? Ms. Lorber stated the City started negotiations in April and reached agreement with Hough Beck & Baird in August. She noted the marked up documentation came directly from Hough Beck & Baird. Mr. Winters questioned the timing of receipt of the marked up exhibits? Ms. Lorber stated they arrived the third week of August. She wanted Council to see the marked up documentation because City staff felt some of the fees were high and Hough Beck & Baird wanted to reflect where they made allowances based on staff's concerns, which allowed staff to compare previous bids with their current bid on this project. President Farr asked if the documentation provided in the Agenda packet was the same presented to the Council Committees? Ms. Lorber stated yes, except for the addition of the map. #2705 M/S/C(Neville/Montgomery) That the City Council authorize and direct the Mayor to execute the Professional Services Agreement with Hough Beck and Baird, Inc., to provide the construction data and bid specifications required to complete Phase I of Evergreen park renovation. Vote on Motion: In Favor: Winters, Montgomery, Huff-Menees, Neville, Farr, Law, McConnell, Colvin Abstain: Overson Motion carried. 8C - KITSAP WAY STREET IMPROVEMENTS - CONSTRUCTION BID, #AB97-204 Bids for construction of the Kitsap Way Street Improvements were opened on August 5, 1997. the following bid was the only bid received for this project: Ace Paving $1,398,359.71. The engineer's estimate for this project was $1,175,755.44. Funds are unavailable to cover the cost increase for this project without significantly impacting other projects. We recommend rejection of the bid and rebidding at a later date when there is a more competitive environment. Randy Witt, City Engineer, stated prior to rebidding, staff will review the bid documents to see if any improvements can be made to reduce the cost of the project, as well as solicit more interest in the contract by bidders throughout the region. The last course of action will be to work with the State and other agencies to see if more funding is available to apply to this project. TAPE #1492 City Council Reg. Mtg. Minutes September 10, 1997 Page 10 of 16 Public comment - none. TAPE #1493 Mr. Montgomery asked when would the project be started once it was rebid within the City's financial capability? Mr. Witt stated he expected the project to be started in spring of 1998. #0042 M/S/C/U(Montgomery/Colvin) The City council reject the bid for Kitsap Way Street Improvements and authorize the release of Contractor's bid bonds. 9A - RESOLUTION 32626, ESTABLISHING A LODGING TAX ADVISORY COMMITTEE AND APPOINTING MEMBERS THERETOt ~AB97-205 Action taken during the 1997 Legislative Session directs cities with a population over 5,000 to form a Lodging Tax Advisory committee. This Committee must have at least five members, appointed by the City Council. The Committee membership must include at least two representatives of businesses that are required to collect the Hotel-Motel Tax, two people who are involved in activities that are authorized to be funded by this tax, and one elected official, who serves as Chairperson of the Committee. The attached Resolution establishes the Lodging Tax Advisory Committee and appoints the following individuals to serve as Committee members: Chairman - Councilman sherril Huff-Menees; Providers of Tax Funds - Yon Kang/Oyster Bay Inn; Rowena Jongeward/Midway Inn; Chuck Higgings/Kitsap Lodging Association; Recipients of Tax Funds - Grant Griffin/Visitor & Convention Bureau; Sandra Howes/Bremerton Area Chamber of Commerce; and George Bieda/Bremerton Naval Museum. Public comment - none. Mr. McConnell asked if the above named individuals had been contacted and agreed to serve on this committee? Mrs. Huff-Menees stated yes. #0105 M/S/C/U(Colvin/Montgomery) To Pass Resolution #2626, establishing a Lodging Tax Advisory Committee and appointing members to the Committee as identified. 10A - PUBLIC HEARING - RESOLUTION #2625, REGARDING RECOVERY OF FEES FOR THE REMOVAL OF GARBAGE AND DEBRIS FROM THE PROPERTY AT 633 ADELE AVENUE, ~AR97-206 On July 10, 1997, the City removed garbage and debris from the property located at 633 Adele after the owners, Devin and Straley, failed to complete the work within the time allotted by the TAPE #1493 City Council Reg. Mtg. Minutes September 10, 1997 Page 11 of 16 building official. The cost charged to the revolving abatement fund for this action totaled $157.76. Council must now decide if the fees are just and reasonable. Judy Johnson, Department of community Development, stated the City has two separate actions happening at this property. The one before council is the recouping cost for removal of garbage. The City received a complaint in June 1997, and the City followed up with a notice to the property owner that same month. The city received a call that someone had the owner's permission to clean up the site; however, staff's response to them was that the garbage must be removed within two weeks (July 8). city crews when out to the property on July 10 and found that some of the garbage had been removed and proceeded to clean up what was left behind. The City did take action under the adoption of Resolution 2619, for the removal of a large amount of blackberry bushes and weeds on this same site; however, that project has not yet been completed by City crews. George Quade, Joint Venture Properties, stated he represents the owners of the subject property. The property has been vacant for quite some time and is used as a dumping ground by other people. He referenced a receipt, dated July 7, 1997, in the amount of $150.00, for a dumping fee that was related to this property. The debris that was left on the site at the time they picked up the majority of the items was located under the windows and was full of bees, which were sprayed in order to remove the debris at a later date. When they went back to the site to complete the job, they found someone had come onto the property and removed the remaining garbage. In his opinion, the amount of garbage left behind would not have filled one garbage can and the rest of the property had been cleaned up as they were directed. He believes the cost is unjust and from the documentation he received he could not identify the basis for the charge. He also believes he showed a spirit of cooperation with the City by their clean up actions. Roy McInnis, Bremerton resident, questioned how citizens could get the same kind of cost break on getting garbage/debris cleaned up as the city's charges? He also questioned if the City's get a cost break on landfill dumping fees? Ms. Johnson identified the charges as follows: $128.00 for personnel, 1-hour fee for a 1992 GMC 1 ton pickup - $9.00, and dumping fees of $20.76. Mr. McConnell questioned whether or not the pictures given to Council reflected the condition of the site prior to any debris being removed. Ms. Johnson pointed out the pictures were taken on June 20. Mr. McConnell questioned if the City actually picked up 20 yards of debris? Ms. Johnson stated that was what the Public Departments indicated on the billing. TAPE #1493 City Council Reg. Mtg. Minutes September 10, 1997 Page 12 of 16 Nr. Colvin stated his concern that people might interpret Mr. McInnis' comment in a way that they would let debris pile ups and then let the City come in and do the work at a lessor cost. Mr. Mclnnis stated that was not his intent. What surprised him was the actual low cost of the clean up, but once he understood that some of the clean up work had already been done he had a better understanding how that figure was determined. Mr. Winters asked if Mr. Quade had called the Building Department to notify them that they had strayed a bees nest and would return to clean up the remaining debris? Ms. Johnson stated she had nothing documented that such a call was made to her department. The property manager was given two extra days to complete the work since the City crew was not dispatched to the site until July 10, and up to that point the City had not been contacted. The City would have been happy to work with Mr. Quade had they known about the bee problem. Mr. Winters asked Mr. Quade if he had contacted the City to ask for an extension? Mr. Quade stated no; however, the remaining trash left on the site after the July 7 clean up was minute. Mr. Winters asked Mr. Quade how often he had to pick up trash from that property? Mr. Quade stated this was the second time, the first time was after the tenants moved out. Most of the trash on the site was from an old camper that someone had abandoned. Mr Montgomery related a recent incident where he observed someone stopping their vehicle, putting up the hood of the vehicle and then proceeded to dump trash on someone else's property. Had he been able to get the license number from that vehicle, he would have reported the illegal dumping. He pointed out it is the property owner's responsibility for the condition of their property and a bee's nest does not go away over night and must be physically removed. #0507 M/S/C(Montgomery/Huff-Menees) Council approves Resolution #2625, ordering that the fees incurred for the removal of garbage and debris from the property located at 633 Adele Avenue be collected as reasonable abatement costs and become a personal obligation of the property owner, which if not collected within 30 days shall become a lien against the property. Mr. Law questioned if the City didn't already have legislation that would cause an additional penalty or added Administrative charge for this kind of action? Ian Sievers, City Attorney, stated a meeting was held recently to discuss that issue and the City's policy that will be followed is under the Dangerous Building Code that allows the city to consider a premise, not just a structure, as unfit, which does have the Administrative overhead cost included. It will also be the City's policy to warn people on TAPE #1493 City Council Reg. Mtg. Minutes September 10, 1997 Page 13 of 16 garbage, particularly where there are rotting things that can be easily picked up and will be cited with a misdemeanor if they don't clean up their garbage. The City will collect those fines through that prosecution, which will supplement the cost to the City. Ms. Johnson stated under that policy, an Administrative fee of $775.00 would have been added to the other identified cost, which in this case would bring the actual cost of approximately $900.00, if that policy applied. Mr. Overson questioned the varying rates per hour for the personnel charges? Randy Witt, City Engineer, stated he believes the one individual with the lowest hourly rate is a temporary "summer help" employee. Mr. Overson stated he was not sure it was appropriate to "hammer" a landowner with the proposed exorbitant fees. He believes some of the manpower is city work paid for by taxpayers; however, he felt the proposed charges were probably appropriate. Mr. Colvin asked if there wasn't some kind of consideration for an out-of-town landowner when someone else dumps garbage on their property and would they be responsible for the cost of removal? Mr. Sievers stated yes, the owner is responsible and the lien does attach for the cost against the landowner, although there may be a third person involved in some criminal activity. Vote on motion: In Favor: Montgomery, Huff-Menees, Neville, Farr, Overson, Law, McConnell, Colvin Opposed: Winters Motion carried. 10B - RESOLUTION ~2624, 1998-2003 SIX YEAR TRANSPORTATION PLAN, #AB97-207 The Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution and will be submitted to Washington State Department of Transportation. Randy witt, City Engineer, highlighted the following changes to the plan: (1) 11th Street Reconstruction - this project has been completed and has been deleted from the Six Year Plan. (2) Sylvan Way Street Improvements - this project has been completed and has been deleted from the Six Year Plan. TAPE #1493 City Council Reg. Mtg. Minutes September 10, 1997 Page 14 of 16 (3) Kitsap Way Street Improvements - this project was bid in July. The bid came in too high and is being rejected. The project is to be re-advertised for construction in 1998. (4) Kean Street, Rodgers Street, Werner Road - these projects have all been combined into the West Hills Commercial/Werner Corridor Roadway Improvements. The Rodgers Street storm drainage project is included in this project as a UATA match. (5) Auto Center Way Street Improvements - this project has been added to the Six Year Plan. It is a continuation of the current Kitsap Way Project to the south bound on ramp of State Route 3, along Auto Center Way. (6) Sheridan Road - this project has been removed because it is included in the City wide maintenance projects and handled under the Miscellaneous Fund. Jack Lefcoski, Bremerton resident, stated traffic on Wheaton Way stinks and the Level of Service (LOS) is close to "F"; however, the City does not know its current LOS. It appears that the data coming out of the City's vehicle counter is not something that is easily interpreted. As he understands State regulations, when the LOS reaches 1 or "F," the city is to start planning for future needs. The documentation provided to Council states the City will be putting in $30,000, which he doubts will come about because the City's contribution will only be used if the State puts in funding as well. He would like to see the City start putting pressure on Olympia to get the Wheaton Way Corridor study started. Once the State gets involved with a study on this corridor, there will be a preliminary conceptional plan in place and the State will be wiser as to the final cost. Bob Sauter, Bremerton resident, stated he has worked closely with people in Olympia and suggests the City come up with a solution to the problem before presenting it to the State. He believes Representative Karen Schmitt is a good listener and has concern for transportation needs in Bremerton and Kitsap County. Roy McInnis expressed concern that the City was "lumping in" other construction projects along with the Kean Street, Rodgers Street and Werner Road project. He wanted to make sure any grant funds identified for that project were not redirected to some other use. He was particular concerned about the condition of the roadway in that area and the fact little has been done to correct the problems. Mayor Horton stated in regard to the funding issue on the Wheaton Way corridor, for the past several years the City has been very TAPE #1493 City Council Reg. Mtg. Minutes September 10, 1997 Page 15 of 16 successful in going to Olympia and asking for dollars for transportation improvements. Funds are available, at least for the City's position, for the Gorst/Connector Project and work is underway on the next leg of that project. The City has also received funding for two passenger-only boats, the first of which will arrive February/March of 1998. Funding has been allocated for the Transportation Center and the State will be replacing the Manette Bridge within the next five years. She is confident the Wheaton Way corridor Major Investment Study will be funded by the State, which will be promoted this year. Mr. Witt stated there was some discussion on being able to provide the level of Service on the Wheaton Way corridor, he has that information available and will provide Mr. Lefcoski a copy of that data. Mr. Lefcoski was correct in his comment that the City's traffic counting equipment was not functioning in a manner that provided them the need traffic data. On the issue of setting aside $30,000 for a Transportation Study, this dollar amount has been identified until the State and Kitsap County get involved with the project. The City's commitment to that study is $200,000 and the documentation could be changed to reflect that amount; however, he would leave that figure at $30,000 until the other two agencies come into negotiations. Regarding the #4 project - grouping of projects, the grant the City applied for and received for that project is specific to Werner Road from the highway to Union Street and on Rodgers Street between Auto Center and Kean, Kean down to Rodgers, Oyster and Union for connections. The reason for the Westhills title is largely how they develop grants in order to get Economic Development points. Mr. Montgomery stated two years the Wheaton Way corridor was discussed extensively during development of the Comprehensive Plan and he recommended that the level of service on Wheaton Way, once it reaches 1.06 on the sale, which is in the "F" category, the City would commence a Major Investment Study. He recalled the City Council approved a 1.08 level of service, which has not been reached. He doubts the State will put that study high on their priority list when there are 500 different streets within the West Sound region that have as high or higher level of service. Mr. Winters asked Mr. Witt to also provide the Council members a copy of the LOS report he was forwarding to Mr. Lefcoski. Mr. Witt pointed out that information was included in the backup documentation given to Council as part of the Transportation Element of the Comprehensive Plan. Mr. Overson stated in regard to the level of service on the Wheaton Way Corridor, he agrees with Mr. Montgomery's concept. If that corridor needs to be recognized as an area that services a large TAPE #1493 City Council Reg. Mtg. Minutes September 10, 1997 Page 16 of 16 part of the City's business, he would personally like to see twice as many stop lights to accommodate vehicles turning into and out of shopping areas. He supports the Transportation Plan as presented; however, he does not support turning Wheaton Way into a freeway. #1363 M/S/C/U(Neville/Huff-Menees) City Council adopts Resolution #1614, approving the City's 1998-2003 Six-Year Transportation Improvement Program and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. President Farr thanked the TV camera crew for their services: Bob Neal, Eva Williams and Mike Pebbles. With no further business meeting adjourned at 7:43 P.M. DAVID FARR, City Council ~President City of Bremerton PJ/DF/me cc: Normal Distribution File/Vault