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HomeMy WebLinkAbout09/22/99 TAPES #1648 & #1649 CITY COUNCIL MEETING MINUTES September 22, 1999 The weekly 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 22, 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 OIsen was absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, and invocation given by Reverend Scott Shaw of Bremerton First Church of the Nazarene. Council President Shepherd made the following announcements: (1) City Council held a Study Session in the Council Conference room, prior to the meeting, to discuss general Council business; followed by a 10-minute Executive Session to discuss "Litigation" per Chapter 42.30.110(1 )(i). CONSENT AGENDA A. Minutes of Meeting - September 15, 1999 #AB99-191 #0020 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. #0042 M/S/C/U (Montgomery/Arends) On September 22, 1999, the Council does approve for payment those vouchers included and further described as follows: 234543, 234544, and 234571 through 234744 in the amount of $226,386.65. COUNCIL MEMBER REPORTS Carlos Montgomery read a statement to clear up any misunderstanding regarding comments he made at the Monthly Study Session on September 1, 1999. He wanted to clarify that he was not objecting to allowing public comment, but was only opposed to the surprise announcement by the Council President to allow public comment, without any prior discussion with the Council, which he stated was a reversal of Council Rules & Procedures on conducting Study Sessions. Carol Arends reported that as a newly appointed Committee member to the Transportation Policy Board for the Kitsap Regional Coordinating Council, she attended her first meeting yesterday, which she found very interesting. In addition to being a member of the Puget Sound Regional Council in Seattle, she was pleased to see these groups working together, and becoming more involved in some of the issues pertinent to Kitsap County such as the fast farties and other transportation issues. Jim Reed arrived at the Council meeting at 5:45 P.M. John Law reported on the excellent turn out for the combined District 3 meeting and Manette Neighborhood Plan presentation. He thanked the residents who came and were willing to provide their input. He also thanked Phil Berry, Jon Holan, and Cindy Stahl of the Community Development Department for their contributions; and recognized Marie Wick for her assistance at the meeting. TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 2 of 8 Cecil McConnell referred to a recent Letter to the Editor in The Sun where the writer of the letter incorrectly indicated the refinancing of Gold Mountain Olympic Golf Course would cost tax-payers an additional $1.5 million. Mr. McConnell clarified the income from golfing fees provides money for the entire Parks & Recreation system, plus pays the debt-service on the golf course, Pendergast Field, and the Boardwalk. President Shepherd also attended the District 3 Neighborhood meeting, and was pleased to see so many people turn out and support their Councilor and all the staff working to preserve the quality of life in the Manette area. MAYORS REPORT Mayor Horton clarified some confusion over the purchase of the KPS building, assuring this was only a real estate transaction, and the City is not subsidizing KPS in their attempt to reorganize. Information would be presented to Council for their review and action soon. Mayor Horton reported on her attendance at the Constitution Day Luncheon on Saturday, with members of the Tuskegee Airmen as special guests, which she enjoyed very much. In closing, she reminded citizens there would be viewing of Chinook salmon this weekend at Gorst Creek, in Jarstad Park. President Shepherd asked for comments from the Council regarding his suggestion to hear "Public Hearings" before "New Business" items on the Agenda to better meet the 6:00 P.M. deadline for starting Public Hearings. He pointed out this could mean an interruption to "Public Recognition". Mr. Overson stated there were some other issues on the Agenda, which should move along fairly rapidly, particularly item 9(A), and added he did not recommend interrupting them for the Public Hearing. Mr. Montgomery suggested that Council not interrupt an item, but finish whatever business is being discussed at 6:00 P.M., and then start the "Public Hearing" to accommodate the advertised 6:00 P.M. start time as closely as possible. LEGISLATIVE REPORT- reported that the concerns raised at last weeks meeting regarding the lack of curb cuts at 11th Street & Cogean Blvd. and 11th & McKenzie were passed on to the Engineering Department for a response. PUBLIC RECOGNITION Susan Brown commented on an article in The Sun regarding the possibility that Legislators would compromise the State Environmental Laws because of the slowing of the Chinook fast foot ferry, which she strongly believed was the wrong thing to do, now that the beaches seem to be recovering. Gordy Byrd reported on his discussions with the Main Post Office regarding their lack of handicap access. Elizabeth Buell pointed out there is a ramp on the side of the post office where citizens in wheelchairs can go and ask for assistance, and the National Avenue Post Office has a convenient drive-through window. Larry Dickerson asked if adjoining properties owned by KPS would be included in the proposed real estate transaction discussed by the Mayor. If so, he asked if the City would give appropriate time for finding another place to relocate. He also urged the City to address the ongoing problem of gang graffiti, and to take this issue seriously. Mayor Horton clarified the surrounding properties would be included in the KPS transaction, and notice would be given appropriate to the Landlord Tenant Act. Jack Lefcoski discussed Chum and Silver salmon recovery efforts in the Kitsap Lake area. TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 3 of 8 Don Larson reported on the recent Sinclair Inlet Clean-Up event, as part of Washington Water Weeks, held on September 18, which was very successful. He encouraged the Council to consider creating a waterfront park along Highway 304 as part of the Gateway Project. Roy Runyon addressed the slowing of the Chinook fast foot ferry from the point of view of a commuter, and pointed out that if the Rich Passage property owners were true "environmentalists", they would remove their sea walls and bulkheads to assist in restoring the shoreline. 9A - CONFIRMATION OF SHIRLEY M. WISE AS THE BREMERTON-KITSAP COUNTY DUI TASK FORCE PROGRAM MANAGER, #AB99-192 Police Chief Robert Forbes reported that on September 1, 1999, Lynn Drake resigned as the Bremerton Kitsap County DUI Task Force Program Manager. With Council approval, Shirley M. Wise will be Ms. Drake's replacement, commencing September 16, 1999. Under Ms. Wise's authority, the Task Force will continue to function at its present capacity providing support to the City of Bremerton by means of law enforcement, revenue, and education. The current contract with the Washington Traffic Safety Commission expires June 30, 2001. Shirley M. Wise stated she was looking forward to working with the City, and to contact her with any concerns regarding traffic safety. There were no questions or comments from the public. #1260 M/S/C/U (Farr/Montgomery) Motion to approve the employment contract and request to hire Shirley M. Wise. The Council welcomed Ms. Wise to the City. 9B - ANDERSON COVE BASIN STORM DRAINAGE SEPARATION BID AWARD, #AB99-193 Gene Sampley, Public Works & Utilities Director, reported that the Anderson Cove Basin Snyder and Ohio Avenue Sewers Proiect is part of the City's Anderson Cove CSO Reduction Facility Plan approved by the Department of Ecology. This project will separate storm-water from combined sewers and minimize the impacts of storm-water to the sanitary sewage conveyance system. Bids for construction of these improvements were opened on September 20, 1999. The Engineer's estimate is $500,000. A total of 10 bids were received. D.D.I. Construction submitted the lowest bid of $646,503.15; and Olsen Eros. submitted the second lowest bid of $687,186.00 (all bids include applicable tax.) The recommended action before the City Council is award of a contract with D.D.I. Construction for construction of Anderson Cove Basin Snyder and Ohio Avenue Sewers for $646,503.15, and in the event that D.D.I. Construction does not enter into the contract, that the City Council award a contract to Olsen Eros. for $687,186.00, for construction of the same project. There were no questions or comments from the public. #1418 M/S/C/U (Farr/McConnell) Motion to award a contract for $646,503.15 (including taxes) to D.D.I. Construction, the lowest and best bid, for construction of Anderson Cove Basin Snyder & Ohio Avenue Sewers. In the event that D.D.I. Construction does not enter into the contract, then award a contract to Olsen Eros., the second lowest bidder, for $687,186.00 (including taxes) for the same project; and authorize the Mayor to execute the same in accordance with City Policies & Procedures. 9C - SR304 TRANSPORTATION IMPROVEMENT PROJECT, BID AWARD FOR BUILDING DEMOLITION NO. 2, #AB99-194 Gene Sampley, Public Works & Utilities Director, reported bids were opened for the SR304 Transportation Improvement Project (TIP), Building Demolition No. 2 contract on September 13, 1999. This is the second building demolition contract for structures located within the SR304 TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 4 of 8 Transportation Improvement Project. This contract is to remove the structures located at 421 and 337 South Cambrian; and 2807 Rodgers Street. Eleven bids for this project were received. William Dickson Company was the lowest responsive bidder with a bid of $145,699.96. The Engineer's estimate for this project was $144,664.00. The recommended action before the City Council is approval of a contract with William Dickson Company for the SR304 Transportation Improvement Project (TIP), Building Demolition No. 2 contract. There were no questions or comments from the public. #1550 M/S/C/U (Montgomery/Arends) Motion to approve award of the bid of $145,699.96 with William Dickson Company for the SR304 Transportation Improvement Project (TIP), Building Demolition No. 2 contract; and authorize the Mayor to execute the same in accordance with City Policies and Procedures. The following item was added tonight on an emergency basis: 9D - EMERGENCY PURCHASE FOR GENERATOR REPAIR Gene Sampley, Public Works & Utilities Director, reported the Emergency Switch Gear on the generator at Pump Station CE-1 failed, leaving the station without emergency power as required by both Federal and State Regulations. Purchase of the equipment to repair the generator and restore the ability to provide emergency power is necessary to bring the station back into compliance. Preliminary reports indicate the estimated cost of repairs may be up to $30,000. There were no questions or comments from the public. Mr. Farr asked what precautions are in place to prevent a spill right now. Mr. Sampley stated they do not see a potential for a power failure at this point, and it is hoped to get the system back up and running immediately. There currently is no one on stand by, and there is not an automatic switch- gear. The requirement is to have emergency power available, but it would have to be switched on manually. The time it would take to do this depends on the time of day, due to the cycles of the station, however, assuming normal operations, it could possibly take 20 minutes. The only other alternative would be to station someone around-the-clock, which is not practical with such a minimum risk. He clarified there is "remote monitoring" of the wet well, which is continuously monitored. #1685 M/S/C/U (Montgomery/Arends) Motion to approve the Emergency Purchase of Switch Gear for the Generator at Pump Station CE-1 in an amount up to $30,000. IOA - ORDINANCE (FIRST READING) AMENDING CHAPTER 2,04.010 OF THE BREMERTON MUNICIPAL CODE, #AB99-195 Cecil McConnell, City Council member, is asking the Council to consider an ordinance defining the content items, specifically Public Recognition, of the regular City Council business meetings. He provided background information on this issue, and stated the main purpose is to codify the Bremerton Municipal Code with information that is already contained in the Council Rules & Procedures. He pointed out that items 8 through 11 may be omitted if there are no scheduled items for that session. Del Knauss stated he questioned the way Council was conducting their meetings, and believes this ordinance would clarify the intent of the City Charter that Council would hold a regular business meeting every Wednesday. He asked for a show of hands from the audience of all those who supported this ordinance, and a maiority of those in attendance did raise their hand (approx. 30) TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 5 of 8 Mr. Montgomery asked that item No. 11 Public Hearings, be moved up to item No. 8. Mr. Law concurred with the intent of Mr. Montgomery, but asked that the order of items not be "locked in", but left as an option for the Council President, because it is not possible to foresee every situation. Mr. McConnell reiterated that Rule No. 5 of the Council Rules & Procedures already states the Council President has the authority to rearrange items on the Agenda. Mr. Farr also did not recommend that the order of items be "locked in", and urged the original motion. Mr. Montgomery clarified that he did not have a problem with "flexibility", he only wanted to assure that when a Public Hearing was on the Agenda, it would happen at, or as near to 6:00 P.M., as possible. He also questioned the President having "sole authority" over conduct of the proceedings, or the order of the Agenda, if two or more other Council members objected. He further stated he has always supported televising Study Sessions, and since they would be taped-delayed if held on Mondays, he felt it was important to hold them the first Wednesday, after conducting items 1 through 7. President Shepherd explained the difficulty with this discussion is that the Council Rules & Procedures, and making them a part of the Bremerton Municipal Code, was a scheduled topic at the last Council Retreat, which was postponed. It is known that the Council Rules & Procedures have never been adopted as ordinance. #2500 M/S/F (Montgomery/Arends) Motion to approve ordinance on first reading, amending Chapter 2.04,010 of the Bremerton Municipal Code with the following modification of moving item 11 up to item 8, moving items 8, 9, and 10 to items 9, 10, and 11. Vote on motion: In favor: McConnell, Overson, Arends, Montgomery Opposed: Reed, Law, Farr, Shepherd Motion failed. Mr. Reed asked what was the benefit of this ordinance. Mr. McConnell clarified this ordinance is strictly to benefit the public, to give them back the Public Recognition portion of the meeting. Mr. Reed stated the Public Recognition portion of the meeting is at the pleasure of the Council. President Shepherd provided a brief history of how this matter came before Council. He explained that at Mr. Olsen's request, and with a majority of the Council's agreement, a Study Session was scheduled the first Wednesday of each month on an experimental basis. He discussed the issue of time, stating that if a Study Session were to be held after a regular meeting, like tonight, the start time for the Study Session would be considerably later. If there is some abbreviation to the Council Agenda, the televised Study Session could begin at the regular start-time of 5:30 P.M. He further explained why certain items were added back to the Agenda, such as paying of bills for the City. He found the televised Study Sessions allowed the public to see how items are considered before they are brought back for a vote. Mrs. Arends wanted to clarify for the public that even when Council held the Monthly Study Sessions on Monday nights, although not televised, they were still always open to the public, as well as all other Study Sessions. She believes there have been some misconceptions on this issue. Mr. Overson expressed his opinion that Monthly Study Sessions should be held on Monday night and regular business meetings on Wednesday night. He asked Council to consider tabling the item. TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 6 of 8 #3230 M/S/C (Farr/Law) Motion to approve ordinance on first reading, amending Chapter 2.04.010 of the Bremerton Municipal Code, with the addition of striking the word "business" from section 2.04.010 of the ordinance. Vote on motion: In favor: McConnell, Law, Overson, Farr, Arends Opposed: Reed, Montgomery, Shepherd Motion carried. Mr. Law stated "It was not a "majority" decision to hold the Monthly Study Sessions on Wednesday nights, and it was an indication that the Council is trying to be a bit lazy'. He further stated that Council should have the Study Session on Mondays, record it, and announce to the public the day it wilt be replayed. President Shepherd took exception to Mr. Law's comments, stating that he did not consider any Council member "lazy', and that each puts in an incredible amount of time, with approximately 150 meetings per year, not including volunteer activities. He stated the amount of time to study the issues would not change, it would just be on a Wednesday night rather than a Monday night. Mr. Reed stated one of the reasons that generated this change, was the fact that many Council Agendas contained only one item for several weeks, and this was a way to save money and time by eliminating the Monday night meeting, and allowing more than one item on Wednesday meetings. He also stated that by televising Study Sessions, the public would receive additional information. Mr. Farr urged Council to continue with advertised business items. As a follow up to item 9(D), Paula Johnston announced a message from Gene Sampley, stating the temporary repairs have been made at Pump Station CE-1, and the Switch Gear is currently operable. 11A - PUBLIC HEARING AND RESOLUTION NO. 2719, DETERMINATION OF NON- CONFORMING USE SIGN SHOP AT 1533 SHOREWOOD DRIVE, #AB99-189 President Shepherd announced this was a Quasi-Judicial issue of a previously opened heading, and once again asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine"; and if they should be excused. Mr. Montgomery stated he was not here last week, but did state he has received various phone calls from citizens who live around that area on this issue, but did not feel this would have any affect on his decision tonight. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". There were no comments from the public, and all Council members remained seated. Jon Holan, Planning Manager, introduced several items into the record including (1) A letter dated February 24, 1999 from Janet K. Lunceford, Building & Development Specialist, to David & Ardith Barcebn; (2) A letter dated September 21, 1999 from Jack & Michelle Lanham to the City Council; (3) A memorandum dated September 22, 1999 from Knute Rife, City Assistant Attorney, to the City Council; and (4) A memorandum dated September 15, 1999 from Knute Rife to Jon Holan. Mr. Holan summarized the staff report, and reported that on July 14, 1999, City Council held a public hearing to consider the Special Use Permit application of Jonathon Chang to change an existing non- conforming use sign shop to auto repair use at 1533 Shorewood Drive. City Council denied the application. During the hearing, testimony was received which raised concerns whether the sign shop met the legal non-conforming use criteria as defined by BMC 21.02.790 "Non-Conforming Uses"; Subsection (g) "Discontinuation of a Non-Conforming Use". Based on the situation, a public TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 7 of 8 hearing has been scheduled to take testimony on this issue. Based on this testimony, and clear and convincing evidence received at the hearing, the Council has three options: (1) If the Council finds the sign shop use has been discontinued for a period of one year or more, then the determination is the sign shop is an illegal use, and all sign shop activities must cease; (2) If Council can not make the finding, then the sign shop is a legal, non-conforming use, and is allowed to continue subject to requirements of B.M.C. 21.02.790(g); or (3) Council may continue the hearing for another date. President Shepherd swore in the following citizens, who would offer testimony on this issue: Lee Crawford, 1536 Shorewood Drive, (which he stated was across the street from the property in question), submitted (1) An affidavit, swearing that he has not seen any sign activity at the location since the previous owner, Hanson Signs, moved out. He reported that he has seen them working on a race car, storing boats, and other general work around the place. He further stated that in late 1998, Mr. Barcelon provided a tour of the building for him and Mr. Davies, and assured them all he wanted to do was store his racecar in the building, and had no intention of running a commercial business. Mr. Crawford also introduced (2) A letter from the Department of Economic Development, which stated the sign shop should revert back to SF-3 zoning; and (3) A Business Log which came from the Business License Department where Mr. Barcelon stated he had not done any business on the location. He feels there has been some deception since on the application Mr. Barcelon used to apply for a Business License, he listed a corporation under the name "Signs Unlimited", and found no listing for a corporation under that name in the State of Washington. Betty Davies, 1541 Shorewood Drive, stated the building in question has not been used as a sign shop since Labor Day of 1997. She has only seen the building used to store a race car since it was purchased by Mr. Barcelon in October of 1997, and never saw any "sign" activity. The building was then sold to Mr. Chang the last part of 1998. She asked Council to deny this non-conforming use. Luana Kay Wadman, 1510 Shorewood Drive, stated the entire time Mr. Barcelon owned the building, she never saw any sign shop or business activity. She wants the area to revert back to a single-family neighborhood. Doug Adams, 5200 Beach Drive, bought his house in November of 1998, and during the day when he would come home for lunch he did not ever see any sign shop activity. Gerry Peret 2145 Marine Drive, emphasized the closeness to the water, and stated the area needs to return to a residential area. She stated this business outgrew this space 40 years ago. Laurna Crawford, 1536 Shorewood Drive, stated she has not observed any sign shop activity in the building since "Hanson's Signs" moved out, only the auto detailing. She also urged the return to a residential only area, with no businesses. Elizabeth Buell stated she has friends who live in the area, and asked Council to return this area back to a residential area. Norray Larson, 1936 Shorewood Drive, stated her parents owned this property since 1936, she was raised here, and felt the sign shop should not have been approved to begin with. In addition, she pointed out that a school bus uses the area; as well as the problem with water run-off. TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 8 of 8 Ed Speakman, 5304 Harbor Ridge Drive and President of the Homeowners Association for his area, spoke on behalf of the residents in his area. The general consensus from the residents is that the business should not be there, and asked Council to clean up the area. Mr. Reed asked if the business was in operation when he purchased his home. Mr. Speakman stated only Hanson's Signs. Mr. Farr stated that in 1986 when he lived in the area, it was quite obvious that there was a sign shop. He then asked Mr. Crawford if he observed any of these same, obvious signs of this type of activity during the last year. Mr. Crawford stated no, he did not. Mr. Law referred to the letter from Janet Lunceford to Mr. & Mrs. Barcelon in which it states that according to the Zoning Ordinance, once the sign shop use had been discontinued for a period of one year or more, the use of the sight must revert back to a use consistent with its residential zoning. Mr. Holan confirmed the information was correct. Mr. McConnell asked if Mr. Barcelon offered any testimony on this issue. Mr. Holan stated an affidavit by Mr. Barcelon was submitted at the Planning Commission, but only indicating that he had obtained the business licenses. Mr. Reed asked if Mr. [Chang] currently has a legally-issued business license, or in violation of any codes as this time. Mr. Holan clarified that at this time the business is considered a legal, non-conforming use. Mr. Reed asked Mr. Crawford if during Mr. Barcelon's ownership, and being licensed as a sign shop, did he ever attempt to purchase a sign from him, or from Mr. Guerrero? Mr. Crawford stated not from Mr. Barcelon, but yes, by phone, from Mr. Guerrero, and was told they weren't doing that type of work, only auto body detailing. Mrs. Arends asked for clarification on information contained in the Fire inspector's report. #2000 M/S/C (Farr/Law) Motion is made that, based on clear and convincing evidence, including testimony heard tonight, the sign shop use has been discontinued for a period of one year or more, and therefore it is determined the sign shop is an illegal use, and all sign shop activities must cease. Vote on motion: in favor: McConnell, Law. Overson, Farr, Arends, Montgomery, Shepherd Opposed: Reed Motion carried. City Council recognized the volunteers from BKAT for their services in broadcasting theft meetings. With no further business meeting adjourned at 8:10 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File