HomeMy WebLinkAbout05/26/99
TAPES 1619 & 1620
CITY COUNCIL MEETING MINUTES
MAY 26, 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, May 26, 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, and Cecil McConnell. Council
member Wayne Olsen was absent. Also present were City Attorney Glenna Malanca; Deputy City
Clerk Paula Johnston; and Legislative Assistant Lod Smith.
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 Study Session prior to the meeting to discuss general Council business;
followed by a 20- minute Executive Session to discuss "Evaluation of Personnel Performance" in
the Council Conference Room.
CONSENT AGENDA
A. Minutes of Meeting - April 28, 1999 #AB99-087
B. Minutes of Meeting - May 5, 1999 #AB99-088
C. Minutes of Work Session - May I 0, 1999 #AB99-089
D. Minutes of Meeting - May 12, 1999 #AB99-090
#0035 M/S/C/U (McConnell/Farr) 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.
#0063 M/S/C/U (Montgomery/Arends) On May 26, 1999, the Council does approve for payment those
vouchers included and further described as follows: Retiree Payroll in the amount of $119,059.36 for
the pay period ending May 31, 1999.
COUNCIL MEMBER REPORTS
Mr. McConnell expressed his disappointment in Bremerton citizens for the low turn out at the 35th
District Legislative meeting held here in the Council Chambers on Saturday, May 22nd, He had
hoped that citizens were a lot more interested in their government.
Mr. Law announced that Fire Chief AI Duke will be the guest speaker at the next District #3 meeting
to be held Tuesday, June 15, 1999 to discuss "Y2K Emergency Planning". He also announced the
Bremerton-Olympic Peninsula Council of the Navy League would be hosting a Memorial Service on
the USS Turner Joy, Monday morning at 9:00 A.M.
Mr. Overson announced that the Bremerton Police Department, with Chief Rob Forbes and Mayor
Horton, would be hosting the Kitsap Law Enforcement Memorial Service on the Boardwalk at 1:00
P.M., Thursday, May 27, 1999.
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 2 of 9
Mrs. Arends stated she recently returned from a two-week trip to Minnesota. She announced a
Memorial Service at Bremerton's Ivy Green Cemetery on Monday at 1:00 P.M.
Mr. Montgomery 1 ) announced a Memorial Service on Monday at the Washington Veterans Home at
Retsil at 9:30 A.M.; 2) announced a Service at 11:00 A.M. by Fleet Reserve Association's Bremerton
Branch 29 at Forest Lawn Cemetery on Kitsap Way; 3) expressed his disappointment at the low
turnout at the 35th Legislative District meeting; 4) reported on his attendance at the forum regarding
Downtown Development sponsored by Bremerton Main Street Association and The Sun on Thursday,
which he stated was well attended; 5) observed Wastewater and Stormwater crews working to correct
a problems at one of the pump stations at about 3:00 A.M. and stated they are doing an excellent job;
and lastly 6) reported on his attendance at the fifth-grade D.A.R.E. Graduation ceremony at Kitsap
Lake Elementary School, and commended Officer Gray for her outstanding work with this program.
President Shepherd stated that he was glad to be home after a recent trip to Ohio. He also
attended the Image Downtown Bremerton II workshop on Thursday where he stated that many of the
ideas discussed correspond with ideas the City Council has already been working on with the Mayor.
He took these same ideas to his Council 5 District meeting where they were also discussed with
about 40 citizens who were in attendance.
MAYOR'S REPORT
There was no report this evening.
LEGISLATIVE REPORT
A letter was read from Judy Johnson, City Building Official, to address the concerns raised by
citizens at the May 19, 1999 meeting regarding Quality Used Tires on Naval Avenue.
Steve Walker, Manager of Brem-Air, was introduced to respond to concerns raised by Det Knauss at
the May 19, 1999 Council meeting regarding the possibility that recycling items were going to the
landfill. Mr. Walker provided a written response, which has been included in the packet, but assured
the Council and the Public this was not happening, however, he pointed out that they have no control
over citizens who place recyclable items in the trash. He invited the Mayor and Council to tour the
Materials Recycling Facility, their offices, and the Olympic View Sanitary Landfill at their convenience.
PUBLIC RECOGNITION
Susan Brown asked for an Ethics Code update since the item was pulled from the March 24, 1999
Council Agenda; and also asked Council to address the "Conflict of Interest" issue, referring to a
section of the City of Seattle Code of Ethics that dealt with this topic.
Ron Olsen was concerned that the PSNS employee discount did not continue once a golfer qualified
for the senior citizen discount at Gold Mountain Golf Course.
Tom McDonald, Quality Used Tires, thanked the City for the quick response to his concerns. He
invited the City Council and Mayor to attend a 4th Of July neighborhood barbecue.
Del Knauss urged the Council to again study the issue for a change in government to a City Manager
form of government, and cited a number of issues to support this request.
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 3 of 9
9A - ANDERSON CREEK TIMBER SALE AGREEMENT, #AB99-091
Bill McKinney, Forestry Manager, reported this contract covers timber included in the "Option to
Purchase Unimproved Property" agreement with Ronald Sciepko and Ellen Lunde approved by the
City Council on November 29, 1995 and executed December 22, 1995. Timber will be removed under
a Forest Practices permit for conversion to a non-forest use. Total price for timber only per the above
referenced agreement is $906,020 of the total purchase price of $3,306,020.
The Water Utility will benefit from the proposed sale at this time by receiving a substantial percentage
of the total purchase price earlier than the scheduled closing date of February 28, 2000 for the
Purchase and Sale Agreement. He displayed a visual of the 168-acre project area, and outlined the
111 -acre area of the timber sale boundary.
There were no comments from the Public.
Mr. Law clarified that the property was appraised at $2.4 million for the land and $906,020 for the
timber (appraised in 1995), and that the City is allowing the property owners to sell the timber, which
still leaves the balance of $2.4 million, (minus the $175,000 already paid), due by the closing date of
February 28, 2000. Mr. Overson wanted to clarify that the $906,020 amount was guaranteed to the
City. Mr. McKinney stated that was correct, and noted that Mr. Sciepko would be required to make
up any difference to the City.
Mr. McConnell wanted to verify that precautions for "slash burning" were in place. Mr. McKinney
responded they were, and any burning would required a "Burning Permit".
Mr. Farr asked who initiated the action at this time to harvest the timber? Mr. Sciepko stated the
request to harvest the timber was made so potential businesses could better visualize the site and
eliminate some of the "unknowns"; to give the community as a whole the final confidence factor that
Northwest Corporate Campus was happening; and this time of year is right for the harvesting of the
trees. He described it as a "win-win" situation for both the City and the project.
Mr. Reed wanted to verify that the mill was paying the City directly for the timber rather than Mr.
Sciepko assure that Sciepko does not harvest the timber, and then change his mind about the
project. Mr. McKinney stated the contract currently states that Mr. Sciepko will pay the City, but the
contract can be changed.
Mr. Law asked the potential for an erosion problem; and what was the time-frame between the
logging and staff of project. Mr. McKinney responded that due to the type of soil and flat
topography, as well as the time of year, he did not believe there would be a problem with erosion. He
added the intent was to begin the next phase of the project as soon as the timber comes down, but
that phase of the project would need to meet the requirements of the City's Department of
Community Development. He reassured Council the setbacks were well away from the streams. Mr.
Shepherd received clarification on Section 2-0, the "Payment" portion of the agreement.
#1786 M/S/C (Montgomery/Overson) Motion to approve the attached Bill of Sale and Contract to Pay
for and Remove Forest Products from City Lands in accordance with established Administrative
Policies & Procedures, and authorize the Mayor to execute the same.
Vote on motion: In Favor: Overson, Farr, Montgomery, Reed, McConnell, Law, Shepherd
Abstained: Arends
Motion carried.
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 4 of 9
9B-WERNER CORRIDOR IMPROVEMENTS, PROFESSIONAL SERVICES AGREEMENT FOR
SIGNAL AND LIGHTING DESIGN, #AB99-092
Jeff Shea, Senior Engineer, reported the West Hills Commercial/Werner Corridor Improvements
Project includes electrical design work for installation of signals at the intersections of Werner Road
and Auto Center Way, at Werner Road and Kean Street, and addition of street lighting along Wemer
Road and Rogers Street. Also, due to the listing of the Chinook as threatened under the Endangered
Species Act, a Biological Assessment must be done to determine affects to the species by this
project. City staff requires the expertise of a design firm skilled in the design of traffic signals and
lighting, and a qualified biologist to accomplish a Biological Assessment. Skillings-Connolly was
selected from the City on-call consultant roster, and has provided City staff with a scope of work and
cost for these services of $40,000. The action before the City Council is approval of a Professional
Services Agreement with Skillings-Connolly, Inc. for the design of the signals and lighting for the West
Hills Commercial/Werner Corridor Improvements Project.
He reported that due to a concern of timeliness, a separate Professional Services Agreement with
another firm was developed to accomplish the Biological Assessment. Therefore, the amount of this
current Professional Services Agreement will be lowered by approximately $5,000.
There were no comments from the Public.
#2060 M/S/C (Farr/Montgomery) Motion for Council to approve a not-to-exceed-$40,000 Professional
Services Agreement with Skillings-Connolty, Inc. for the signal and lighting design (not to include the
Biological Assessment and its respective amount); and authorize the Mayor to execute the same.
Vote on Motion: In Favor: Farr, Arends, Montgomery, Reed, Law, Overson, Shepherd
Opposed: McConnell
Motion carried.
9C - SR 304 TRANSPORATION PROJECT ASBESTOS REMOVAL NO. 3 CONTRACT CHANGE
ORDER NO. 1, #AB99-093
Randy Witt, City Engineer, stated that Change Order No. 1 for the SR 304 Transportation
Improvement Project Asbestos Removal No. 3 contract consists of four items. The 1st item is for
deleting the asbestos abatement work at 114 S. Wycoff Avenue; the 2nd item is for the removal of
additional asbestos discovered at 245 S. Wycoff Avenue; and the 3rd and 4th items are for the removal
of asbestos containing material from 113 S. Callow Avenue and 205 S. Wycoff Avenue. This change
order will increase the total contract price by $16,607.00 to a total amount of $45,121.00.
There were no comments from the Public.
#2185 M/S/C/U (Farr/Montgomery) Motion to approve Change Order No. 1 for the SR 304
Transportation Improvement Project-Asbestos Removal No. 3 Contract and authorize the Mayor to
execute the same.
10A - ORDINANCE NO. 4648 (SECOND READING) AMENDING SECTION 6.02 SOLID WASTE
ADVISORY COMMI'FFEE, #AB99-081
The Ordinance reduces committee membership from 11 to 7, and establishes meetings as necessary
rather than monthly. Paula Johnston, Deputy City Clerk, noted that the Second Reading document
includes language that the City Council member will also be the Chairman of the Committee.
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 5 of 9
There were no comments from the Public.
#2250 M/S/C/U (Arends/Montgomery) Motion to pass Ordinance No. 4648 on second reading.
10B - ORDINANCE NO. 4649 (SECOND READING) REGARDING CHANGES TO THE COMMUTE
TRIP REDUCTION LAW AND AMENDING BMC CHAPTER 10.40, #AB99-082
Jeff Shea, Senior Engineer, reported the State Legislature has amended several sections of the
Commute Trip Reduction (CTR) law after a review of its impacts in recent years on both the
environment and major employers throughout the state. These amendments affect the goals,
reporting, good faith efforts, exemptions, and enforcement in the CTR program. These amendments
must now be incorporated into the City CTR ordinance, by modification of BMC 10.40
There were no comments from the Public.
#2310 M/S/C/U (Montgomery/Farr) Motion to pass Ordinance No. 4649 on second reading.
10C - ORDINANCE NO. 4650 (SECOND READING) RELATING TO USE OF RIGHT-OF-WAY:
AND ORDINANCE NO. 4651 (SECOND READING) RELATING TO SETTING FEES FOR RIGHT-
OF-WAY USE PERMITS, #AB99-083
Randy Witt, City Engineer, reported that City staff has prepared a new Right-of-Way Use Ordinance
that combines, simplifies, and addresses conflicts in three existing chapters of the Bremerton
Municipal Code (BMC) that currently regulate use of the right-of-way. The new Right-of-Way Use
Ordinance repeals existing BMC Chapters 11.02, Standard Specifications for Public Works, 11.12,
Breaking Pavement, and 11.24, Construction on Public Property; and replaces them with a new
Chapter 11.02, Right-of-Way Use, and provides a new name for Title 11, Streets and Rights-of-Way.
A summary Ordinance for publication and an ordinance establishing fees and charges for the new
Right-of-Way Use Permits have also been prepared. Attached is a summary of the major features of
the Right-of-Way Use Ordinance. Staff recommends passage of the ordinances.
There were no comments from the Public.
#2450 M/S/C (Arends/Montgomery) Motion to pass Ordinance No. 4650 and its summary related to
use of the right-of-way on second reading.
Vote on Motion: In Favor: Law, Overson, Arends, Montgomery, Reed, Shepherd
Opposed: McConnell, Farr
Motion carried.
#2475 M/S/C (Arends/Montgomery) Motion to pass Ordinance No. 4651 related to setting fees and
charges for Right-of-Way Use Permits on second reading.
Vote on Motion: In Favor: Law, Overson, Arends, Montgomery, Reed, Shepherd
Opposed: McConnell, Farr
Motion carried.
10D - ORDINANCE (FIRST READING) REGARDING PROSECUTION FOR VIOLATIONS AND
REPLACING BMC CHAPTER 1.12, #AB99-084
Glenna Malanca, City Attorney, reported this was an ordinance repealing and replacing the
Prosecution for Violations. This Ordinance has clarified the expectations and penalties therein for
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 6 of 9
violations of the Bremerton Municipal Code. Chapter 1.12 will be repealed in its entirety and the City
Council will adopt the attached Ordinance as its replacement.
There were no comments from the Public.
#2560 M/S/C/U (Montgomery/Law) Motion to approve ordinance on first reading.
11A - RESOLUTION NO. 2705 PROPOSING THE VACATION OF FIVE (5) CITY-RIGHTS-OF WAY
AND SETTING A HEARING DATE OF JULY 7, 1999. #AB99-094
Jeff Shea, Senior Engineer, stated the City Council is being requested to vacate rights-of-way in five
different locations of the City. These rights-of-way have been identified by the City staff as unneeded
for right of way purposes. Most of these rights-of-way are undeveloped with no foreseeable need for
improvements. The vacations include 1 ) Harlow Drive at the intersection of Kitsap Way; 2) Lafayette
Avenue, south of 6th Street and north of Burwell Street; 3) Terrell Avenue, south of 6th Street and
north of Burwell Street and 20th Street; 4) Meade Avenue between 6th Street and Burwell Street; and
5) 6th Street between Cambrian Avenue and Wycoff Avenue. The City will retain easements for all
utilities in these rights-of-ways. The hearing for these rights-of-way vacations is proposed to be July
7, 1999. Posting of the hearing notices and mailings to adjacent land-owners will occur as required
by the Bremerton Municipal Code.
There were no comments from the Public.
Mrs. Arends wanted to clarify that this action was not to vacate all of Lafayette Avenue between
Burwell and 6th Street. Mr. Shea stated that was correct, that it wouid only include the unusable
potions, with exact locations indicated on Exhibit A. He further clarified that each vacation would
have its own ordinance, where individual adjustments could be made.
#2790 M/S/C (Farr/Montgomery) Mction to adopt proposed Resolution No. 2705 to initiate vacaticn
and to set a date for public hearing on July 7, 1999.
Vote on motion: In Favor: Overson, Farr, Arends, Montgomery, Reed, McConnell, Shepherd
Abstain: Law
Motion carried.
11B - RESOLUTION NO. 2706 PROPOSING THE VACATION OF FIVE (5) CITY RIGHTS-OF-WAY
AND SETTING A HEARING DATE OF JULY 7. 1999. #AB99-095
Jeff Shea, Senior Engineer, stated the City Council is being requested to vacate rights of way in five
different locations of the City. These rights of way have been identified by City Staff as unneeded for
right of way purposes. Most of these rights-of-way are undeveloped with no foreseeable need for
improvements. The vacations include 1) 13th Street east of Cotbet Drive; 2) 19th Street east of N.
Wycoff Avenue and west of Callow Avenue; 3) Taft Avenue between 19th Street and 20th Street; 4) an
alley north of 13th Street, south of 15th Street, and bordering Ivy Green Cemetery; and 5) Ford Avenue
between Kitsap Way and 13th Street. The City will retain easements for all utilities in these rights-of-
ways. The hearing for these rights-of-way vacations is proposed to be July 7, 1999. Posting of the
hearing notices and mailings to adiacent land-owners will occur as required by the BMC.
There were no comments from the Public.
#2885 M/S/C/U (M ontgomery/McConnell) Motion to adopt proposed Resolution No. 2706 to initiate
vacation and to set a date for public hearing on July 7, 1999.
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 7 of 9
12A - PUBLIC HEARING, AND RESOLUTION NO. 2707 REGARDING RECOVERY OF FEES FOR
THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 2764 MAPLE
STREET, #AB99-096
Judy Johnson, Building Official, reported that on March 12, 1999 the City of Bremerton removed
garbage and debris from the property located at 2764 Maple Street after the owners of record,
Richard and Deidre Finley, failed to do so as ordered by the Building Official. The costs incurred for
this action totaled $1,018.85, which includes the standard $584.00 administrative charge for garbage
abatements. Council must now decide if the fees are just and reasonable and how they should be
collected. Photographs of trash found on the property were shown to Council and the Public.
Paul Brooks wanted to know if the property owners live in this town or are they from out of town; and
does the trash belong to the "owners" or the "tenants". Ms. Johnson stated the trash was
"abandoned" so the answer is unknown. It is an unoccupied home right now, and the owners live out
of town. Mr. Brooks stated that he understands that legally, clean-up is the responsibility of the
property owner, however, landlords in this town are having problems with trash being dumped on
their property, which he feels is unfair.
TAPE #1620
#0053 M/S/C/U (Montgomery/Overson) Motion to pass Resolution No. 2707, and order that the fees
incurred for the abatement of garbage and debris on the property located at 2764 Maple Street be
collected as reasonable abatement costs and become a lien against the property.
12B - PUBLIC HEARING, AND RESOLUTION NO. 2708 REGARDING RECOVERY OF FEES FOR
THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 2106 7TH
STREET. #AB99-097
Judy Johnson, Building Official, stated that on March 12, 1999 the City of Bremerton removed
garbage and debris from the property located at 2106 7TM Street after the owner, Rudy Pineau, failed
to do so as ordered by the Department of Economic & Community Development. The cost incurred
for this action totaled $1,305.38, which includes the standard $819.00 administrative charge for this
type of abatement action. Council must now aecide if the fees are just and reasonable and how they
should be collected. Ms. Johnson added that she has spoken with the owners, who accepted full
responsibility, and are currently working with the City to set up a payment plan for the fee.
Paul Brooks reiterated that assistance should be provided to landlords to recover costs when
garbage is left deliberately by tenants. Mr. Farr stated that as a landlord himself, he knows that extra
precaution must be taken during the screening process to assure responsible tenants. He also
reminded the public that it is much cheaper to clean up the trash themselves and avoid the
administrative fees charged by the City when the City must do the work. Mr. Overson encouraged
Mr. Brooks provide any suggestions or recommendations to the City.
#0205 M/S/C/U (Montgomery/Overson) Motion to pass Resolution No. 2708, and order that the fees
incurred for the abatement of garbage and debris on the property located at 2106 7th Street be
collected as reasonable abatement costs and become a lien against the property.
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 8 of 9
12C - CONTINUED PUBLIC HEARING AND ORDINANCE (FIRST READING) ON TEXT
AMENDMENT ZTA 98-0001, #AB99-074
Jon Holan, Planning Manager, reported that the City Council is requested to conduct a public hearing
on ZTA 98-0001, and at completion of the hearing, take the appropriate action. ZTA 98-0001 is the
adoption of a new Chapter 21.03, Land Use and Development Procedures, amendment of portions of
Chapter 21.02, Zoning Code, Repeal of Chapter 21.04, Shoreline Development, and amendment of
Chapter 21.12, State Environmental Policy Act. These proposed changes would adopt a new permit
process program for the City, eliminate shoreline requirements which have been superceded by the
Shoreline Master Program, and revise the City's SEPA requirements to be consistent with state
requirements and establish higher level of categorical exemptions in urban areas for minor
construction. The proposed amendment is categorically exempt from SEPA requirements since it is
the adoption of new procedures.
Citizens who spoke in opposition to the proposed changes:
Bernard Holland raised concerns over the "confusing" verbiage in the ordinance; Paul Scheyer,
urged the Council to delay any decisions until after the Shorelines Hearing Board ruling; and Helen
Miller, read a letter into the record pointing out numerous conflicts and errors in the document. A
letter by George Miller (who was not in attendance) was also read into the record.
Mr. Montgomery read his statement into the record, which raised many concerns over the confusing
and unclear interpretations of the ordinance, and lack of appeal process. He asked that the Hearing
be postponed to allow more time to study the issue.
#2050 M/S (Overson/McConnell) Motion to remand back to staff to address concerns raised by the
public, and to bring back to Study Session for further discussion by Council.
Vote on motion: in favor: McConnetl, Overson, Arends, Montgomery,
Opposed: Reed, Law, Farr, Shepherd
Motion failed.
#2100 M/S (Montgomery/Overson) Motion to table for 30 days until further information is received to
address concerns raised tonight.
Vote on motion: In favor: McConnelt, Overson, Arends. Montgomery,
Opposed: Law, Farr, Reed, Shepherd
Motion failed.
#2157 M/S (Farr/Law) Motion to approve ordinance and Summary Statement on first reading.
Vote on motion: In favor: Law, Farr, Reed, Shepherd
Opposed: McConnell, Overson, Arerids, Montgomery
Motion failed.
#2208 M/S (Montgomery/McConnell) Motion to delay for 30 days with direction given to staff to
address concerns.
Vote on motion: In favor: Overson, Arends, Montgomery, McConnell
Opposed: Law, Farr, Reed, Shepherd
Motion failed.
TAPES #1619 & 1620
City Council Reg. Mtg. Minutes
May 26, 1999
Page 9 of 9
This item was declared at impasse, with no completion.
With no further business meeting adjourned at 8:15 P.M.
City of Bremerton
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