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HomeMy WebLinkAbout03/24/99 TAPE #1604 & 1605 CITY COUNCIL MEETING MINUTES MARCH 24, 1999 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, March 24, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Council Assistant Christine Grenier. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Council member Carol Arends. President Shepherd made the following announcements: (1) City Council held a Pre-Council Study Session to discuss General Council Business, followed by an Executive Session to discuss "Litigation"; (2) City Council will hold a Study Session immediately following the Council meeting, in the Council Conference Room, to discuss "In-Vessel Composting'; and (3) Items 10A and 10B under "Ordinances" will be pulled off the Agenda, and postponed until further notice. CONSENT AGENDA A. Minutes of Meeting - March 10, 1999 #AB99-050 #0030 M/S/C/U (McConnell/Montgomery) Motion to approve the 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 (Montgomery/Arends) On March 24, 1999, the Council does approve for payment those vouchers included and further described as follows: checks 229042 to 229285 in the amount of $578,829.17; and for Regular Payroll for the period ending March 15, 1999, in the amount of $782,039.38. COUNCIL MEMBER REPORTS Mr. Olsen announced that Districts 1 & 2 would be holding a meeting on Thursday, April 15, 1999, 7:00 P.M. at the Sheridan Park Recreation Center. It will be a "Town Meeting" format, with special guest Mayor Horton. He also mentioned the planting of new shrubs to replace the scotch broom removed last year. A total of 9,000 plants and trees will be planted by April 3, 1999. Also on that date, at 1:00 P.M., the City will be receiving at the Warren Avenue TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 2 of 9 Right of Way, "The Tree City USA Award". This is the third consecutive year the City has received the award. Mr. McConnell discussed road rage as defined by Olympia legislators and noted deficiencies in the definitions may be of interest to public. Mr. Law explained that he had been out of town for a few days and would eventually reply to messages. Mr. Overson mentioned the outstanding results for the Seaworthiness inspection for the USS Turner Joy. Mr. Farr wished for the public to support USS Turner Joy and to see the ship because parts that had been closed are now reopened. Mrs. Arends mentioned her attendance of the Legislative Conference for the American Public Transit Association. Mr. Montgomery announced that a Street Vacation meeting for Districts 6, 7, and 8 will be held at the School District Administration Building located at 134 N Marion Avenue starting at 7:00 p.m. Also, following receipt of constituent concerns, he responded there is no legislation to regulate trash buildups. MAYOR'S REPORT The Mayor mentioned that the Federal Government is drafting and environmental impact statement for the Puget Sound Confined Disposal Site Study. Sites named for the sediment disposal are Eliot Bay and Sinclair Inlet. Mindy Fohn of Public Works is preparing a response to the Environmental Impact Statement. Levels of contamination in Sinclair Inlet are overstated so that the sediment clean-up will occur prior to the establishment of a multi- user disposal site. PSNS has estimated that the maximum quantity to be cleaned up under CERCLA is 250,000 cubic yards, whereas according to the EIS charts the amount of sediments to be cleaned up are a minimum of 645,000 cubic yards and a maximum of 2.5 million cubic yards. The Mayor did note the discrepancies between the EIS and PSNS estimates. The Navy plans to clean the area in May 2000 through dredging. Another topic addressed in the study was economic development which must be factored into current operations to promote growth. Potentially, policies may develop and those policies will be addressed. LEGISLATIVE REPORT Responses were given to Sue Brown as follows: 1 ) When Council Members vote on a zoning issue in legislative capacity, impacts upon their personal property may result. The Appearance of Fairness Doctrine does not apply. The Conflict of Interest rule was carefully reviewed prior to advising the Council Member in this specific instance that he could vote on the issue at hand. Law already addresses this issue. TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 3 of 9 2) Regarding Ms. Brown's assertion that a Council Member interfered with the Salary Commission, the specific action of the Council Member is believed to relate to a lawful campaign contribution. A City is not empowered to abrogate the individual rights of Council Members. PUBLIC RECOGNITION Susan Brown- asked, what can be done legally to make changes in laws and how are ethics issues regarding elections to be handled? Loretta Boykin- asked, as a municipal corporation, how many non-profit corporations, if any, under 501 (c) (3) can the City of Bremerton create for the purpose of applying for grants? John Becker- noted review of USS Carl Vinson as being excellent and requested that a resolution be passed dealing with recognition of performance. Also asked for public to write the Carl Vinson CO at FPO/AP 96629-2840 to pass on congratulations to crewmen. H.M. Mosche- noted that there is a reclaimed and renovated apartment complex that has helped to eliminate complaints, and was pleased with the District No. 5 Meeting. Larry Dickerson- reported concerns regarding property along the 1000 Block of 4th and 5th Street. Blockwatch has watched the area and reported that after removal of questionable tenants, there is a building available. Judy Anderson- announced on behalf of Collective Visions Gallery and West Sound Arts Council, the Spring Art Walk begins on Friday, April 2. There will be live music, Victorian Age Clothing, Costumes on Parade, interactive art for public, and studios will be open. Kim Saling- announced that there is a speeding problem in the neighborhood of State Street to Gregory Way to Naval Ave. She asked when the Burwell construction begins will both lanes of Burwell Street be closed? Where will traffic be diverted? Also, she raised concerns that there are no crosswalks in her neighborhood and adjacent to the park, and encouraged Council to view the area to witness speeding in action. Roy Runyon- also noted the Gregory Way speeding issue and noted citizens' meeting which had a large turnout. The speed limit is 25 mph and the highest speed recorded was 45 mph. Of interest was that there are few signs along that street. Mr. Runyon asked what will the effect of Burwell closure be on Shipyard traffic? He also noted speeding activity in the proximity of bus stops, and he has requested surveillance to eliminate speeding problems. Ed Wittenmeyer- expressed concerns about excess of cars parked on Gregory Way and car alarms. TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 4 of 9 Paul Drnjevic- asked questions regarding the fiuoridation issue including 1 ) Was it the plan of City Council to stop work or continue work as implied by the resolution passed by Council? 2) If it were the intent of Council to stop work and spending until after the election, who authorized further work? 3) How much work was done after 9/14/987 4) How much money was spent following this move to put fiuoridation to vote? 9A - PROFESSIONAL SERVICES AGREEMENT FOR SYSTEMS DESIGN TO PROVIDE AMBULANCE BILLING SERVICES, #AB99-051 In 1992, the City of Bremerton and Systems Design entered into a Professional Services Agreement to provide ambulance billing service. The agreement has been received each year since that time. Attached is a new agreement between the parties that will terminate on December 31, 2001, but may be extended for a period not to exceed 10 years. Chief AI Duke-mentioned the history of changes made and that $4,000 would be saved if the flat fee is applied. #1540 M/S/C/U (Montgomery/Arends) Motion for the City Council to authorize the Mayor to sign and enter into the Professional Services Agreement with Systems Design to provide ambulance billing service. 9B - INTERGOVERNMENTAL COOPERATIVE RESPONSE AGREEMENT WITH CENTRAL KITSAP FIRE AND RESCUE. #AB99-052 Attached is a proposed Cooperative Response agreement between the City of Bremerton and Central Kitsap Fire and Rescue. 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 is the Response agreement represented in this document. The agreement is for a term of one (1) year for the amount of $94,000.00 dollars. At the end of one year the agreement will be evaluated and determine whether a more permanent agreement may be appropriate. Chief AI Duke- reminded Council of a discussion held last summer where it was decided that better service could be provided to the City with this agreement. Again, money would be saved. Mr. Montgomery- affirmed that coverage would range from Riddell to water to city limits. Chief AI Duke- added that response time will be decreased due to staffing a permanent paramedic unit. TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 5 of 9 Mr. McConnell- noted the time that Chief Duke was involved in with other fire districts to develop the agreement. Mr. Reed- asked if during process did Cencom have any confusion on how to route calls. Chief AI Duke- responded that since system was automated there were no problems. Mr. Farr- commended Chief Duke and stated that the City should provide good service. # 1760 M/S/C/U (Farr/Montgomery) Motion to authorize the Mayor to sign and enter into the Intergovernmental Cooperative Response Agreement with Central Kitsap Fire and Rescue for a term of one (1) year. 11A - PUBLIC HEARING AND RESOLUTION NO. 2695, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 2234 TRENTON AVENUE, #AB99-055 On January 21, 1999, the City secured the fire-damaged house located at 2234 Trenton Avenue after the owners, E. and S. M. Laners, failed to do so as ordered by the Building Official. The cost incurred for this action, including administrative fees, totaled $1,227.08. Council must now decide if the fees are just and how they should be collected. Janet Lunceford- reported the history of events related to this abatement. Mr. Law- asked if there was a future for the house. Janet Lunceford- replied that there is a contractor who will be applying for permits to repair the house. Mr. Reed- asked about the nature of the request and was it sent by certified mail. Janet Lunceford- responded that there were no responses from the residents to the two mailings sent by the City. #1910 M/S/C (Montgomery/Overson) Motion to order that the fees incurred for securing the fire-damaged house located at 2234 Trenton Avenue be collected as reasonable abatement costs and become a lien against the property. Vote on Motion: Yes: Farr, Arends, Montgomery, Olsen, McConnell, Law, Overson, Shepherd Abstain: Reed TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 6 of 9 TAPE # 1605 11B-PUBLIC HEARING AND RESOLUTION NO. 2696. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 108 N. CAMBRIAN AVENUE, #AB99-056 On January 25, 1999, the City removed garbage and debris from a garage located on the property at 108 N. Cambrian Avenue after the owner, William Smokoff, failed to do so as ordered by the Building Official. The fees incurred for this action, including administrative fees, totaled $1,276.16. Council must now decide if the fees are just and how they should be collected. Janet Lunceford- mentioned history of property and that there was no response from Mr. Smokoff with regards to the notices sent to him. Ms. Arends- commented that the property is in District 7 and she is pleased with the changes. #0047 M/S/C/U (Arends/Montgomery) Motion to order that the fees incurred for the abatement of garbage and debris located at 108 N. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. 11C-PUBLIC HEARING AND RESOLUTION NO. 2697. ONE YEAR EXTENSION FOR FINAL PLAN SUBMISSION FOR PUD 96-0002, SINCLAIR LANDING TRANSPORTATION CENTER; APPLICANT KITSAP TRANSIT. #AB99-057 Council must decide if the applicant's request for a one time one year extension for submission of the Final Plan for PUD 96-0002, Bremerton Transportation Center. The applicant must show that progress is being made and that is very likely that the Final Plan will be submitted within the extended time period. Phil Berry- made a correction to Resolution 2697 on page 58, paragraph 4, for the date of Council approval for the Preliminary PUD to March 26, 1997, not March 27, 1999. Also, the exhibits of Sinclair Landing Sketches are available at Department of Community Development. The two criteria to be checked are 1) progress is being made and 2) that the project can achieve plan completion during the time of the extension. Shoreline Permits, Foundation Permits, and Application for Building Permits are in the process of being issued. Council must consider time extensions through two separate public hearings. One hearing deals with the Bremerton Transportation Center, and the second hearing deals with the Master Development Agreement and the Commercial Group. Roy Runyon-mentioned that faster ferry service is key to promoting Sinclair Landing. Mr. Runyon raised the issue how mitigation of Rich Passage lawsuit may impact success of the project. Mr. Runyon was concerned and asked what can be done at the grassroots level to help promote projects especially with regards to money being spent. TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 7 of 9 Mr. Reed- acknowledged efforts made by staff in getting projects under way. Mr. Montgomery- asked if the PUD states that the design build has a deadline. Phil Berry- responded that the design build has a two year life once approved by Council and there should be no problem to meet the one year extension deadline. Mr. McConnell- recommended that approval of PUD and Kitsap Transit portion of the PUD be clarified. Paula Johnston- added that the Kitsap Transit and the rest of PUD plan should be differentiated. In addition, Ms. Johnston mentioned that the Appearance of Fairness Doctrine and Conflict of Interest as related to quasi-judicial items should be applied. Mr. Farr- asked about the status of current project and requested elaboration from Mr. Berry. Phil Berry- commented that the permits have been approved but not issued for building construction. Committees meet weekly regarding issues for Kitsap Transit, the Contractor, and the Ferries. Mr. Farr- asked Mr. Hayes of Kitsap Transit to come forward. Mr. Hayes- stated issues to be addressed include pedestrian improvements such as for foot and bike traffic. Upwards of $2 million dollars for projects are being incorporated. The estimate of the project is approximately $22 million dollars after all improvements. Mr. Montgomery- wanted clarification that the project permits deal only with the terminal and not the retail space. Phil Berry- discussed that the Master Development Project is the problem in that there needs to be determination for what parts of the project are related to Kitsap Transit and Commercial Group. That division is necessary to speed up the project. Shoreline permits and the 2003 timeframe will not affect the project. Mr. Reed- noted that this extension deals only with plans not construction. Mr. Shepherd- stated the Appearance of Fairness Doctrine, and asked Council and Public if any one needs to be excused due to Appearance of Fairness Doctrine. All Council members remained seated. #0764 M/S/C/U (Montgomery/Arends) Motion to pass Resolution 2697 thereby approving a one time one year extension for final plan submission for PUD 96-0002 Sinclair Landing - TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 8 of 9 Bremerton Transportation Center including the change of date to March 26, 1997 of the Resolution as noted. lID-PUBLIC HEARING, ONE YEAR EXTENSION FOR FINAL PLAN SUBMISSION FOR PUD 96-0002, SINCLAIR LANDING BREMERTON TRANSPORTATION CENTER: APPLICANT: THE COMMERCIAL GROUP, #AB99-058 Council must decide if the applicant's request for a one-time one year extension for submission of the Final Plan for PUD 98-0002, Commercial/Residential Portion of Development be granted. The applicant must show that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period. Mayor Horton- noted that numerous meetings are being held by several groups to make deliberations and to move the project forward. Information will become available soon. Numerous issues need to be addressed and that is the reason for a request of a continuation of this hearing for the Commercial Group's one-year extension. Phil Berry- mentioned any items of concern are addressed in the staff report. Mayor Hodon- emphasized that this project is needed by the City and long term consideration of issues is needed. Ward Yohe- provided support for Sinclair Landing and asked Council to support continuation for Commercial Group. Roy McKinnis- asked at April 21, 1999 meeting, will everything be in place. Larry Dickerson- showed support for the City Council and commended the thoroughness of Council in checking plans of developers. John Becker- asked if there is enough time to address questions and review the project. Paula Johnston- reminded the City Council of the Appearance of Fairness Doctrine. Mr. Shepherd- stated Appearance of Fairness Doctrine to Council and the public with all Council members remaining seated. Mayor Horton- stated that zoning is in place for the majority of Sinclair Landing. The PUD allows for flexibility and would allow for more time to make the best decisions. Mr. Montgomery- asked if property owners must have standing with regards to the PUD. Phil Berry-answered that Condition 17 of Resolution 2588 states that the property owners do not become signatories until the final PUD is submitted to the City for approval. TAPE #1604 & 1605 City Council Reg. Mtg. Minutes March 24, 1999 Page 9 of 9 Mr. Reed- questioned if the deadline is 2 days from today, how can there be a continuance. Mrs. Malanca-answered that if the hearing is opened prior to the deadline of a timely application then expiration is not defeated. Ms. Arends-stated that due to project complexity, time is needed to consult professional staff. #2005 M/S/C (Arends/Montgomery) Motion that the City Council continue this public hearing until April 21, 1999 when it will conduct a hearing on the extension with the expiration for the Preliminary Plan being tolled until Council has heard and decided on the extension. Vote on Motion: Yes: Reed, Law, Overson, Farr, Arends, Montgomery, Shepherd No: Olsen, McConnell With no further business meeting adjourned at 7:20 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File