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HomeMy WebLinkAbout10/02/96TAPE #1413 UNAPPROVED DRAFT COUNCIL APPROVED OCT 2 3 1996 CITY COUNCIL MEETING MINUTES OCTOBER 2, 1996 #0031 #0052 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, October 2, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and City Treasurer Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. CONSENT AGENDA A. Minutes of Meeting - September 4, 1996 #AB96-222 M/S/C/U(Neville/Montgomery) 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. · M/S/C/U(Colvin/Montgomery) on October 2, 1996, the Council does approve for payment those vouchers included and further described as follows: COUNCIL MEMBER REPORTS Mr. Colvin reported that John Poppe, Wastewater Manager, gave an excellent report at the Lions Club Luncheon today. He is pleased to have such quality people in managerial positions at the City. Mr. McConnell reminded citizens of the District 2 Neighborhood meeting October 8, 1996, at Fire Station No. 3, at Olympus Drive and E. 31st Street. The new starting time is 6:30 P.M. He encouraged citizens bring their comments and concerns. Mr. Neville announced the 24th Annual Senior Fair will be held October 18-19, at the Sheridan Park Recreation Center. Mr. Farr reported he participated in the opening of the City's newest park - Arvon Park, and both the City and the neighbors can TAPE #1413 City Council Reg. Mtg. Minutes October 2, 1996 Page 2 of 8 be proud of the new addition. Mrs. Huff-Menees reminded everyone of the Charleston Neighborhood Planning meeting scheduled for October 3, 7:00 P.M., at the Bremerton School District Administration Building, 300 Montgomery avenue. She stressed this is an opportunity to be part of what goes into the Charleston Neighborhood Plan. She encourages residents of Districts 6, 7 and 8 to participate at that meeting since their areas will be affected in some way. Mr. Montgomery agreed that the dedication of Arvon Park was an excellent example of a small community park and wished more could be located throughout the City. Last week he had the opportunity to ride with a Police Officers, which he found to be very informative and recommended that his fellow Council members schedule a similar ride-a-long. Mr. Winters thanked the City staff for putting together responses to constituents from District #9. He announced the Olympic College Student Body is sponsoring a "Rock The Vote" fund raising event at Olympic College Student Center Lounge on October 11. This event will promote student voter registration. Recently, he had a very informative conversation with Police Officer Emmand he encouraged others to take the time to talk with our Officers and find out what is happening within our community and to become familiar with them on a first name basis. Mr. Law stated he believed most of the Council members had gone on a ride-a-long with a Police Officer and he agreed it is an impressive experience. District #3 Neighborhood Meeting will be held october 15, 1996, 7:00 P.M., at the Senior Center. MAYOR'S REPORT Mayor Lynn Horton referenced the recent death of Howard S. Wright and assured the public that Mr. Wright had no affiliation with the new Howard S. Wright Construction Company; therefore, his passing does not affect either the corporation or the Sinclair Landing project. Mayor Horton stated on the issue of the condemnation suit, the issue has been before the court and a ruling came down in the city's favor that the City can condemn for use and necessity. However, of the 90-100 properties that are in the affected area, the City has been able to negotiate agreeable sales with all but 8 of the properties. One property was excused from the condemnation action. That record shows the City tried diligently to come up with workable situations for both the City and the property owners and some of that meant relocating people and some people are being allowed to stay for a period of time while they find alternate TAPE #1413 City Council Reg. Mtg. Minutes October 2, 1996 Page 3 of 8 housing. The final phase is obtaining the value assessment on the remaining 8 properties and up until that point the city will continue to work out negotiated sales. Mayor Horton read the following Proclamations: (1) October 5, 1996, WORLD OSTOMY DAY, which was accepted by A1 Butler, Secretary of the Kitsap County Ostomy Association. (2) October 14-18, 1996, RIDE SHARE WEEK, which was accepted by Mark Souza, City of Bremerton Senior Engineer. Mayor Hotton welcomed Bremerton High School student John Fletcher as a City Council meeting viewer via Channel 12. She encouraged more students to tune in to learn more about their government at work. Rich Hanna, Acting City Clerk, read into the record Council President Law's response to a concern raised by Shirley Howerton having to do with a gathering of people for a rally along Wheaton Way. President Law's explanation cited the fact the City does not require a Parade Permit when people assemble or march along the sidewalk. PUBLIC RECOGNITION Shirley Mowerton thanked the Council for taking the time to research and answer her questions. she also thanked Councilman Colvin and Mayor Horton for their courtesy at the District Neighborhood meetings when answering her questions. She complimented the Mayor and City Council on the high caliber of City employees she recently encountered, they were fine young men. Don Larson, President Washington Scuba Alliance, reported on the successful Sinclair Inlet Clean Up and Marine Fair held on September 21. It was his hope that Bremerton would work toward more beautification, such as the City of Tacoma has along Rustin Way. He offered City Council members the opportunity for free diving lessons through Puget Sound Dive. He is continuing his efforts to locate an underwater park in the Bremerton area. TracV Nelson, President of Westpark Resident Council, invited everyone to the second annual Unity Day at Westpark on October 5, 11:00 AM - 6:00 PM. Don Atkinson, KITZ, announced today the Washington State Department Of Transportation is running four ferries on the Bremerton-Seattle run. He announced a new KITZ program called "TALK THURSDAY" will provide continuous talk from 2:00 PM - 10:00 PM. This programming includes: Seniors program from 2:00- 3:00 PM; Mike Siegel 3:00 - 6:00 PM; totally local talk show by Mark Moshay 6:00 TAPE #1413 City Council Reg. Mtg. Minutes October 2, 1996 Page 4 of 8 - 8:00 PM; High School students with their minor issues 8:00 - 9:00 P.M., and Dr. Susan Love, a family counselor 9:00 - 10:00 PM. All of the programs have call-in capability. Anthony Robinson, Westpark resident, expressed concern that even after talking with Mayor Horton and Police Chief Paul Du Frense he has not received answers from the City Council on the issues he raised at a previous Council meeting. He believes the children of Westpark are afraid of the Police Officers and that there is harassment towards Westpark residents by the Police Department. Again, he asked the Council to look into the problems he cited previously and help the solve them for the residents of Westpark. Mark Miller, Seattle resident, stated he was before Council 14 days but as of this date he had not received a response to the concerns he raised relating to the "No Trespass" order in Westpark. Mayor Horton told him that the City had nothing to do with the management of Westpark, but come election day they may have nothing to do with her. He stressed the fact that, as of this date, Municipal Court Judge Bruce Martin had not found him guilty of anything. He has yet to find out why he was given the "No Trespass" warning. He will not be allowed to attend Unity Day at Westpark with his family, which saddens him. He asked that someone from the city contact him. Cora Lee Alexander expressed concern that the management of Westpark has done away with the citizen patrol. She volunteered in that program and strongly believed it was effective to deterring crime. Kevin J. Thurston brought several issues before the Council that were of a personal nature. Annette Taylor, former resident of Westpark, expressed her appreciation that people have listened to their complaints. However, it is her hope that the community can come together for the benefit of all people. She believes there is a problem in Westpark having to do with a language barrier among some residents, i.e. Vietnamese. She does not want her Constitutional rights trampled on and she believes there is a problem with the management at Westpark. Mr. Colvin stated he believed Mayor Horton was misquoted. Mayor Hotton stated the City has no jurisdiction over the Housing Authority or their employees. There is a separate Housing Authority Board, who are a separate governmental entity and are funded through the Federal Government, with the exception she, as Mayor appoints board members. she does support the "No Trespass" order and is something the Westpark Resident Council has requested #1489 TAPE #1413 City Council Reg. Mtg. Minutes October 2, 1996 Page 5 of 8 and it is supported by Westpark management. She believes with rights there are responsibilities and that means as long as people want to be law abiding citizens then they are more than welcome to visit Westpark. She cares very much about the residents of Westpark, but the rules in Westpark are strictly regulated by the Bremerton Housing Authority. 7A - BID AWARD TO ACE PAVING COMPANY FOR SYLVAN WAY STREET IMPROVEMENTS: WHEATON WAY TO OLYMPU8 DRIVE, #AB96-223 Bids were opened for the Sylvan Way Street Improvement Project on August 26, 1996. One bid was received for this project from Ace Paving Company, Inc. in the amount of $231,514.55. The Engineer's estimate for this project was $221,365.22. Total project construction cost including construction inspection, surveying, management and contingency is $265,666.00. The action before the City Council is approval of a contract for the construction of the Sylvan Way Street Improvements with Ace Paving Company, Inc. Mark Souza, Senior Engineer, explained the project area is Sylvan Way between Olympus Drive and Wheaton Way. The work will entail replacing curb/gutter/sidewalk and overlaying the street. The project is weather dependent, will take 30 working days to complete and should be completed by 12-31-96. Public comment - none. Mr. McConne11 asked if the street would be totally closed down any time during the 30 work period? Mr. Souza stated the work will be done in sections with part of the lane closed to traffic at various times. M/S/C/U(Farr/Montgomery) to approve a contract for $231,514.55 Ace Paving Company, Inc. for construction of the Sylvan Way Street Improvement Project and authorize the Mayor to execute the same. 7B - 10% PETITION/LETTER OF INTENT TO ANNEX THE SCHULTZ AREA, #AB96-224 The City of Bremerton has been presented with a Letter of Intent to annex from Donald C. Schultz, owner of properties located between Kitsap Way and Northlake Way. The request is submitted in accordance with R.C.W. 35.13.125 to commence annexation proceedings of the site. The petition is signed by property owners in excess of ten percent of the value of the land proposed for annexation as required by said statute. The City Council is to determine the outcome of the following three issues: One, will the City accept, reject, or geographically modify the proposed annexation area; two will the Council require the simultaneous adoption of a comprehensive plan or elect to use the TAPE #1413 City Council Reg. Mtg. Minutes October 2, 1996 Page 6 of 8 administrative assignment of provisional zoning as allowed in the Bremerton Municipal Code (BMC 21.02.260); and, finally, will the Council require tax payers of the area to assume a proportional share of all or any portion of existing city indebtedness (i.e. outstanding bonds). Terrie O'Neill, Municipal Services Coordinator, stated the city has been requested to look at a letter of intent from Mr. Donald Schultz, whose property lies between Kitsap Way and Northlake. The annexation area is only 1.82 acres encompassing Mr. Schultz's lots and a couple of additional lots. The annexation is at the 10% phase for the 75% method of annexation. The City Council needs to decide if they wish to accept, reject or geographically modify the annexation area as proposed; if the area should under go a pre- annexation hearing to determine the appropriate land use designations; and decide whether or not the property owners in the area should assume a proportional share of existing City indebtedness. The City received an additional request to have property included in the annexation area from an adjoining property owner, so staff is changing their recommendation to accept the annexation as proposed to modify the area to include parcels 223,222 and 057. There are no roadways in the annexation area; however, the population for the area is 3 and is within an urban growth boundary. The County Land Use Plan shows the zoning as RM5, which means residential one home per five acres and there is no County Comprehensive Plan in place at the current time. There is no City Comprehensive Plan or zoning for the area. The Schultz property has been subdivided into lots that are much smaller than the five acres per residential unit. For that reason and because there is no Comprehensive Plan, City staff recommends going through a pre- annexation hearing to determine the appropriate Comprehensive Plan and land use designations. Ms. O'Neill noted under the issue of real property assuming a proportional share of existing indebtedness, the outstanding indebtedness is a bond issue to cover the cost of Fire Department equipment. Dale Clary, 1980 Chico Way NW, stated his desire to annex his property (lots 15 and 16) into the City at this time. Roy McInnis, Bremerton resident, asked if Mr. Clary's request related to the Agenda item being discussed? Ms. O'Neill explained it is appropriate since this proposal is the 10% petition and letter of intent to annex the Schultz's property and during this portion of the annexation there are three items that council must decide, one being whether to accept, reject or geographically modify the annexation area. TAPE #1413 City Council Reg. Mtg. Minutes October 2, 1996 Page 7 of 8 Mr. Winters asked if there would have to be any modifications in the dollar amount in the letter of intent, if Council approves the recommended modification? Ms. O'Neill explained she needed the 10% in order to bring it before the City Council; however, the Council can make modifications at this time. Mr. Winters referenced Mr. Clary's lots and questioned their present use? Mr. Clar~ stated he runs a mobile home business along with a residence on the site. He also has mobile home moving equipment and vehicles on the site. Mr. Winters asked the number of vehicles on the site? Mr. Claz7 stated 8-10, but he would like to phase out of the mobile home moving business. His long term plan would be to put a mini storage facility on the property along with a couple of residences. Mr. Winters asked if the current zoning on his property was residential? Mr. Clary stated yes. Mr. McConnell stated it appears that there is a lot in between lots 222 and 223 and questioned if the area belonged to lot 222? Ms. O,Neill explained that area connects the two lots and makes them one parcel. Mr. Overson stated Council needed to refer Mr. Clary's request for consideration as part of the potential 75% petition for annexation. He viewed that change should come in later as opposed to taking action at this time. Ms. O,Neill stated Council could include Mr. Clary's property in this annexation. She and Ron Hough, Planning Manager, have been working with Mr. Clary since late 1994 to help him with annexation of his property. All through this effort, there have been concerns that brought about a site reviewed by the Building Department, which found the operation of a junk yard on that site. On September 24, 1996, a letter was sent to Mr. Clary that stated: "The City Clerk has certified the letter of intent to annex the area known as the Schultz's area, which is adjacent to your Kitsap Way properties. As we discussed by telephone earlier this summer, we have not recommended that your properties be included into this annexation due to the current condition of your sites. It is not the objective of the city to annex properties that will, once annexed, immediately need code enforcement action." Ms. O'Neill emphasized staff's recommendation is to not include Mr. Clary's property in the annexation. Mr. Colvin asked if the maps included in the Agenda packet were subject to public scruteny? Ms. O'Neill stated yes. Mr. Colvin asked if Mr. Clary's property could be annexed subject to certain conditions? Ms. O'Neill stated yes. A few weeks ago, Mr. Schultz came before Council and requested the City move ahead annexing his properties. The City was holding up Mr. Schultz's annexation in order to accommodate Mr. Clary's annexation, but out of courtesy to Mr. Schultz the two areas have been broken apart as separate requests. Mr. Clary has an easement between his property and the #2171 #2193 TAPE #1413 City Council Reg. Mtg. Minutes October 2, 1996 Page 8 of 8 City limits. That easement belongs to Chuck Leonard, who has already signed an annexation agreement. When Mr. Clary gets his property in order, the city can do another annexation for that site, or he could submit a letter of intent and Council could reject that request. M/S/C(Winters/Montgomery) to accept the annexation area as proposed; require the applicants to undergo a pre-annexation hearing to determine the appropriate comprehensive plan and land use designations; and require the owners of real property in the annexation area to assume a proportional share of existing City indebtedness. Vote on motion: Motion carried. In Favor: Opposed: Winters, Montgomery, Farr, Neville, Overson, McConnell, Colvin, Law Huff-Menees 8A - ORDINANCE NO. 4573 (SECOND READING) AMENDING B.M.C. CHAPTER 2.88, DISABILITY ACTION, #AB96-220 Public comment - none. M/S/C/U(Montgomery/Colvin) to pass Ordinance No. 4573, reorganizing the Disability Action Committee which will assist the City of Bremerton's implementation of the Americans with Disabilities Act of 1990. President Law thanked the TV camera crew for their services: Stephanie James, Erin Daniels, Robert Rupe, and Martin Stohs. With no further business meeting adjourned at 6:45 P.M.. J~ L~.M~cC~ty KATHLEEN Clerk LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault