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
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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
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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
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- 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
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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
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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.
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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
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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
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