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HomeMy WebLinkAbout02/21/96TAPE #1359 UNAPPROVED DRAFT COUNCIL APPROVED MAR 13 I996 CITY COUNCIL MEETING MINUTES February 21, 1996 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, February 21, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, David Farr, Lon Overson. Council members Richard Neville and Sherril Huff-Menees were absent. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Councilman A1 Colvin. CONSENT AGENDA - NONE 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 February 21, 1996, the Council does approve for payment those vouchers included and further described as follows: 195310 through 195436 in the amount of $164,913.77; and Regular Payroll for the period ending 2-15-96, in the amount of $674,858.85. President Law announced Councilman Richard Neville is recovering nicely and should be returning in a week or two. COUNCIL MEMBER REPORT8 Mr. Overson commented on the new trash cans recently installed downtown. Mr. McConne11 announced this evening starting at 6:00 P.M., at the Parks and Recreation Center,a meeting is being held regarding the development of a 20-acre parcel between Eagle Hardware Store and Almira Drive. He encouraged any residents in that area to attend that meeting. He also urged residents of District #2 to attend the District #1 Neighborhood Meeting on February 22 to hear a presentation on the downtown waterfront by Fletcher Wright representatives. Mr. Colvin announced the District #1 Neighborhood Meeting on February 22, 1996, 7:00 P.M., at the Parks and Recreation Center. TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 2 of 12 The two main topics for that program will be the Sinclair Landing Project and Scotch broom. Mr. Law reported on a good turn out at District #3's Neighborhood meeting. The presentation made by Kitsap County Prosecuting Attorney Russ Houge was quite enlightening and Sergeant Tom Pratt listened to citizen concerns and passed on the latest things happening in their area. MAYOR'S REPORT Mayor Hotton brought the results of a survey she conducted several weeks ago. Mayor Hotton read the following Proclamation: Month of February as NARFE (National Association of Retired Federal Employees). Don Serry accepted the proclamation. PUBLIC RECOGNITION Carol Adkinson, Bremerton Main Street Association read into the record a letter from Lou Weir, President of Bremerton Main Street Association, in which her referenced a newspaper article by Devin Dwyer in which it stated:" .... Lou Weir, President of the Bremerton Main Street Association, is lobbying for more citizen input on the project." Mr. Weir did not attend the meeting Mr. Dwyer referenced; therefore he had no comment. And, as a downtown property owner and member of the Bremerton Task Force, he wholeheartedly supports the Sinclair Landing project and has stated so publicly several time. 7A - WORKERS' COMPENSATION CLAIMS ADMINISTRATION CONTRACT - JOHNSTON & CULBERSON, #AB96-036 The City's self-insures its workers' compensation obligations and utilizes the services of a certified third party claims administrator to make claim payments. In response to a City RFP, three claims administration firms were recently interviewed and Johnston & Culberson was selected as the most qualified service provider. The service fee for this contract is $12,500 per year plus a one-time takeover fee. Peggy Lesser, Risk Manager, stated the City has been using the services of Willis Caroon Administrative Services to handle Workers Compensation claims process for about five years. The City decided it was time to check the market and sent out a request for proposals, resulting in six submittals, which were screened down to three. The review committee interviewed the three top applicants, and unanimously chose Johnston & Culberson. Public comment - none. TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 3 of 12 #0924 Mr. Overson stated he understood that contracting with this firm would provide some cost savings to the City and was Ms. Lesser prepared to quantify those over the next six months? Ms. Lesser stated she felt it would be difficult to quantify, but she could provide Council with statistics. She anticipates the City will be contracting with a better qualified firm with better professional service providers. It is known that better claims management reduces claim costs. Mr. Farr asked the number of open claim files? Ms. Lesser stated there are 20 open files. The current claims administrator has been actively working to close those files so that on March 1 very few of them will remain open. M/S/C/U(Montgomery/Winters) to approve the Professional Services Agreement with Johnston & Culberson. 7B - BUDGET AMENDMENTREQUESTS FOR FOREST RIDGE PARK ANDPENDERGAST PARK IMPROVEMENTS, AND CONCESSIONS AT LIONS FIELD AND PENDERGAST PARK, #AB96-037 The Parks and Recreation Department requires budget amendments to accomplish the following three tasks: (A) Remodel of the Forest Ridge Restroom was targeted for completion in the 4th quarter of 1995. Scheduling conflicts made this impossible. Request reappropriation of the $10,000 allocated in 1995 out of the Real Estate Tax fund to 1996. (B) In the past, operation of the concessions at Lions & Pendergast was contracted out. The Parks & Recreation Department is proposing to operate this service. First year costs are estimated at $64,120, which includes labor, supplies, and capital purchases. We anticipate breaking even in the first year of operation. Profits in future years will be diverted to the Pendergast Construction Fund. (C) In order to bring fields 4, 5, and 6 up to grade at Pendergast, stabilization of the toe of the slope on field 5 is required. It is requested that an additional$10,000 toward "capital outlay" be reallocated within the Pendergast Park Construction Fund so that this task can be accomplished. This$10,000 comes out of "Ending Working Capital". Jim Spencer, Parks and Recreation Director, asked that each Budget ~Adjustment be discussed and acted upon separately. He explained item (A) and the fact that the work would be completed in the first quarter of 1996; therefore they are requesting re reapportion the $10,000 to cover the restroom improvements at Forest Ridge Park. Public comment - none. Mr. Winters asked if work had begun on the restrooms? Mr. Spencer TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 4 of 12 #1026 stated yes, and they are nearing completion of the project. M/S/C/U(Overson/Montgomery) to reappropriate $10,000 from Real Estate Excise Tax Fund 109 from 1995 to 1996 so that restroom improvements can be completed at Forest Ridge Park. Mr. Spencer outlined Item (B) and explained with Pendergast Regional Park coming on line his department looked at the concession operation and as a department decided it would be beneficial to the City to assume responsiblity for concession services. He sees taking on those responsibilities as an opportunity to raise revenue that could be used for construction in completion of the Pendergast facility. He wants to offer full service operations at the ball parks and that the Parks Department is in the best position to provide that full service since they are responsible for scheduling the events. He believes he has a built in labor pool in the form of their summer Leadership In Training Program, which is made up of young people, who have worked as volunteers in the department for a number of years. In year one they are looking at worst case scenario that the services will break even, but he is hopeful they can achieve a greater success. Public comment - none. Mr. Farr stated at first he was skeptical of the City getting into the concession business, but after receiving complaints from some ball tournament participants about the lack of concession services available during tournament play he now sees the need for better coordination of those services. He also liked the idea of providing an employment opportunity for youth within our community. Mr. Winters asked the number of years the concession service was handled by a private contractor? Pat Westhoff, Parks Department, stated 14 years off and on by Darrell Erickson of Crazy Erics. Mr. Winters stated he felt the City owed Mr. Erickson a great "thank you" for his work over the years at the ball park, and having the City take over the concessions is no reflection on his fine work. Mr. Overson noted he believes the Parks Department is prepared to address the concerns identified and heartily endorses their enthusiasm and anticipates the program will succeed under Mr. Spencer's direction. He would like some input on how the program is working in the not to distant future. Mr. Winters questioned the size of the ice machines to be acquired? Mr Spencer stated he is looking at two different sizes, the largest of which would be a 700 lb. capacity, a smaller would be 400 lb.. TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 5 of 12 #1259 #1395 When a large tournament is scheduled, they will bag ice ahead of time in order to have an adequate supply available. M/S/C/U(Montgomery/Farr) to appropriate $64,120 to General Fund 001-51 to allow for in-house operation of the concessions at Lions Field and Pendergast in 1996. Mr. Spencer outlined Item (C) and explained in order to move along development of fields #4, #5 and #6, at Pendergast Regional Park, to a rough grade condition, work needs to be done at the toe of field #5, which is located by the detention pond. An offer has been made by an individual to assist with the improvement, which will cost $10,000. The original budget appropriation for 1996, $12,000, was allocated for development of fields #4, #5 and #6. Currently, approximately $6,000 has been spent on erosion control measures associated with the slope above the detention pond. In order to fix the problem and allow the opportunity to bring field #5 to grade, an additional $10,000 will be needed. The Budget Adjustment proposes allocation of those funds to commence the needed work. This funding would come out of Ending Capital. Public comment - none. Mr. Farr noted during the Fiscal and Budget Committee Mr. Spencer indicated that the $10,000 was much less than what the work would actually cost if the normal process was used. He asked how much is the City saving through this process? Mr. Spencer explained the work would be done by Ace Paving and they estimated the work could cost as much as $35,000; therefore, the City is looking at a dramatic savings and provide a significant improvement. M/S/C/U(Farr/Winters) to appropriate an additional $10,000 to "capital outlay" from "ending working capital" in the Pendergast Park Construction Fund 308 for stabilization of the toe of the slope. 7C - APPROVAL OF LONG TERM LICENSE FOR PUGET POWER PARK, #AB96-038 In April of 1994, Mayor Horton contacted Puget Power about joint use of their property, which is located at the North end of Elizabeth Street under the Warren Avenue Bridge. This is a beautiful piece of waterfront property with both mountain and water views. This lease agreement allows the City an opportunity to create a passive park that will offer citizens the opportunity to picnic, fish and enjoy a spectacular Olympic Mountain view. Jim Spencer, Parks and Recreation Director, showed slides of the subject area pointing out the beauty aspects of the site, i.e. access to the water, view of Olympic Mountains, areas for picnic TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 6 of 12 #1649 #1715 tables, benches, etc. Puget Power is providing the City an opportunity, at virtually no cost, to share in this piece of property as long as it is used for public recreation. Bill Enger, Puget Power, stated this is a great opportunity for the City and Puget Power to participate in a project that will be beneficial to the community. He pointed out there is no lease fee involved in this transaction. Don Larson, President of Washington Scuba Alliance, commented the subject site is a spectacular dive site for scuba divers. M/S/C/U(Colvin/Montgomery) to authorize and direct the Mayor to sign the Lease Agreement with Puget Power for the establishment of this park. 8A - ORDINANCE #4544 {SECONDREADING) TRACYTON BEACH PRE-ANNEXATION ZONING AND COMPREHENSIVE PLAN DESIGNATION, #AB96-031 President Law asked the "Appearance Of Fairness/Conflict of Interest" question with Council members being seated. Public comment - none. M/S/C(Overson/Farr) to.pass Ordinance #4544, on second reading, amending the Official Comprehensive Plan and Zoning Map of the City of Bremerton for property located west of the City limits along Tracyton Beach Road. Vote on motion: In Favor: Overson, Farr, Law, McConnell, Colvin Opposed: Montgomery, Winters Motion carried. 8B - ORDINANCE #4545 (SECONDREADING) TO ANENDCITY'S COMPREHENSIVE PLAN TO COMPLY WITH THE FINAL DECISION AND ORDER OF THE GROWTH MANAGEMENT HEARINGS BOARD, #AB96-035 Kathleen McCluskey, City Clerk, read into the record the following letter received from Helen Haven-Saunders, 3353 Anderson Hill Road SW: "My latest experience with the Bremerton City Council was a truly painful one. I have spent many hours listening to your meetings and waiting for a turn to be heard. Your Valentine's Day meeting included several time-consuming agenda items, and I warned our children that we'd be gone late. The Council was generally quite civil to the Tracyton neighbors who came to address plans for their area, although the developer's exhibits were not scrutinized and the neighbors were... As I listened, I crossed out several points I had intended to make, and softened my language. Finding TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 7 of 12 the right tone is very difficult, because I always hope for more understanding and do not wish to shut doors myself. In the wake of the hearing on the 14th, however, the points I decided to omit need to be made. Members of our group, the Association to Protect Anderson Creek, have always attempted to be respectful to you as public servants and elected officials, as well as fellow human beings; we too deserve to be treated with respect. Although our homes, our wells, and our neighborhood are at risk, we have attempted to deal with you honorably. During the last hearing on the option to sell this land, some of the Council members became very angry and dismissive toward the opposition members. Mr. Overson said something about how residents of the area were more likely to be careless stewards, and to pollute the water by bad management practices, than any industrial developer; and Mr. Montgomery made statements about nonvoters, for which he later apologized, and our status as non- City residents. I was shocked and disheartened by the tone of hostility and contempt toward us at that hearing. Your responsibility to be leaders includes creating an atmosphere at public hearings in which issues can be debated in a humane and evenhanded fashion. The British have a tradition of polite debate in which the other partisan is thought of as the Honorable Opposition. In many venues, we in Kitsap County would benefit by emulating this tradition. Our group's president and I waited for more than five hours to speak to you for a few minutes last week. All of us were tired and strained by the eventful agenda. You listened patiently to Mr. Sciepko's repeat sales pitch. Only three people remained to speak in opposition to him; very little more patience would have been necessary to end the evening with dignity and humanity. You were all, during the time that I spoke, quite polite to me, and to the Bremerton citizen who preceded me. However, you were remarkably savage with Mr. Della-Rovere, who has always spoken to you with respect and restraint. Mr. Overson had, apparently, stayed up too late, and had quite lost his temper; he interrupted Mr. Della- Rovere repeatedly, cutting short his questions about school impacts with misinformation which was not corrected by staff or other Council members, and summing up his diatribe with a comprehensively dismissive and insulting attack on both of us. I respectfully raise several questions, and request answers to be given now as they are asked: To the Planning Manager or the City Attorney: Has the City indeed enacted impact fees, and does the Comprehensive Plan address the issue of impact to schools within or outside the Bremerton School TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 8 of 12 District, as was asserted by Mr. Overson? (City's response will be identified by a #1) To the Planning Manager or the City Attorney: Are any changes in the Plan possible at this date, or are these hearings merely a hollow formality? If that is not a fair characterization, what sorts of changes could be made? (City's response will be identified by a #2) To the Council Chair and the Council in general: wish to consider a policy about civility? Does the Council To Council person Overson: Does Mr. Overson regret his testiness? This city has some very viable neighborhoods, with a clear sense of who they are and what they want. Your city government could be an energetic synergy between these neighborhoods, with activists pulling hard for new projects because they feel invested in the process. Instead, when faced with a really hard issue, like the sewer plant's persistent problems, or siting industry near the city to plan for future independence from the Navy's whims, you have attempted to solve the problem by condemning elderly people's homes, or impacting neighborhoods on your borders whose citizens aren't your constituents and are therefore inconsequential to you. Bremerton is developing the reputation of being a dangerous municipal neighbor. We hope, as a neighborhood on your borders, that your experiences so far will be merely an unhappy episode in a mutually rewarding future. We need changes; there's a long way to go." Ron Hough, Planning Manager, answer Mrs. Haven-Saunders, questions as follows: (1) In this case it is not the Bremerton School District, but rather South Kitsap School District. The City has not initiated Impact Fees for anything, especially any kind of school impacts, which was a City decision not to impose Impact Fees on new development. Part of the Hearings Board decision on the appeal of the City's Comprehensive Plan stated the City is not required to conduct an impact analysis to designate a certain area for a particular use, if there is no proposal for any kind of development. That statement was made specifically in regard to the Industrial Park area of the Anderson Creek vicinity. To do a study on a hypothetical situation would be a waste of City time and resources, so it was suggested waiting until some sort of concept is submitted. (2) Until the final reading of the ordinance is acted upon, there is the possibility to make a change. .Ian Sievers, City Attorney, stated perhaps the writer of the letter at the last meeting noted there were qualitatively two issues and one being to correct the plan. As he stated in his opening comments, TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 9 of 12 #2229 Council held extensive hearings on the basic Plan, but on the area around Anderson Creek, this was the first City Council hearing on those Comprehensive Plan designations for those areas because of the annexation and because of the change in surplusing decision made a few weeks ago. If there was a substantive change in the rest of the Plan besides that area, in fairness Council would need to go back and reopen the public hearing according to their own procedures. Kethleen McCluskey, City Clerk, stated the last two questions raised by Mrs. Haven-Saunders have nothing to do with this Agenda item. David Saunders, Port Orchard, questioned if the any member of City Council had discussion of any kind with the proponent or their representatives on the issue of Anderson Creek at any other time other than a public hearing? President Law stated it may have been at a Study Session, which was open to the public; however, he wasn't completely sure the issue was address in a Study Session. Mr. Farr reported he had one phone discussion just directing the proponent to another organization, but there was no substantive discussion. Mr. Montgomery asked Mr. Saunders if he was aware of anyone making that statement? Mr. Saunders stated no. Mayor Hcrton stated an Executive Session was held when the City was considering surplusing the property concerning the terms of the potential sale, but beyond that there has been no discussion having to do with land use. She clarified that neither Mr. Sciepko or his wife were present at the Executive Session. M/S/C/U(McConnell/Montgomery) to pass Ordinance #4545, on second reading, adopting the Bremerton Comprehensive Plan and including amendments ordered by the Growth Management Hearings Board. Mr. Overson stated sometimes his business like military approach has an adverse affect on people, but he was not apologizing because it has served well in the past. And, the community has a definite benefit that this area is being developed in this manner and the property that is appropriate to the Anderson Creek area has been defined and set aside to be untouched so that Anderson Creek will stay as pristine as it is. Mr. Colvin wanted those opposing this proposal to know he appreciates their concern. Vote on motion - Unanimous. Mr. Law stated in reply to Mrs. Haven-Saunder's concern over Mr. Overson's attitude, he recognizes Mr. Overson's value to the City TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 10 of 12 and believes the City is getting a bargain in having him as a Councilman. 9A - PUBLIC HEARING - RESOLUTION #2540 REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT WERNER ROAD AND MADISON STREET, KITSAP COUNTY ASSESSOR'S TAX NUMBER 4564-001-027- 0007, OWNED BY WILLIAM & NATASMA SESKO, #AB96-039 In October and November of 1995, the City performed demolition of two buildings which had been declared unsafe after the owners of the property, William and Natasha Sesko, failed to do so as ordered by the Building Official. The fees for the work totaled $18,707.20. Kathleen McCluskey, City Clerk, stated Council received copies of "Objections To Request For Approval Of Lien" filed by Mr. Sesko this afternoon. Ian Sievers, City Attorney, explained this is a hearing on the reasonableness of abatement costs. The Building Official is to file with the Clerk a report specifying the work completed and itemizing the total cost of the work. Council is to adjudicate the reasonableness and correctness of that report. This is not an appeal on the abatement itself or the conditions and terms of the abatement order. There is a separate appeal process for that process; however, he was not sure if the property owner has filed an appeal of the abatement order. Mr. Winters questioned if he should step down from this issue since he received a call from Mrs. Sesko on February 16, regarding his personal company providing services for an event? Mr. Sievers stated he may want to judge whether or not he had any personal judgement against the community of Mr. Sesko and his wife, or if there was something about that conversation relating to this issue he could remain seated if he states the substance of that conversation. Mr. Winters stated the substance of that conversation was the celebration of the Chinese New Year holiday, which was to be held at the Suquamish Clear Water Casino, and Mrs. Sesko wanted to know his fees and if he was available to perform on a specific date. President Law asked the "Appearance Of Fairness/Conflict of Interest" question with Mr. Winters asking to step down and the remaining Council members being seated. Janet Lunceford, Building Department, stated the subject site was annexed into the City in December 1994 or January 1995. In March of 1995 the Building Official abated three structures on the site, one being a site built house and two that had been moved onto the TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 11 of 12 #2733 property by Evan Burley. The Abatement Orders gave Mr. Sesko a chance to obtain permits for the repair or demolition of the structures by April 30, with all the work to be completed by May 31, 1995. On April 28, two days before the permit deadline, Mr. Sesko and Mr. Burley appealed the abatement, which then went to the Board of Appeals. The Board of Appeals upheld the Building Official's determination that the buildings were dangerous. In July 1995, the Building Official allowed Mr. Sesko to obtain a Demolition Permit for the site built house. Mr. Sesko had until August 1, 1995, to complete the abatement and have all debris removed. On August 18, Mr. Sesko was informed by the Building Official that due to his failure to complete the demolition, the City would go ahead with the abatement of all three structures on that site. Mr. Burley subsequently demolished one of his "moved" buildings on that site, leaving the site built house and one building resting on cribs. The City conducted an asbestos abatement and took action to demolish both houses starting on October 26, 1995. Bob Tulp, Public Works Operations Manager, stated he would standby for any questions. William Sesko stated for clarification that most of the property was owned by Evan Burley and it was by an agreement, with cooperation of the City and County, that those houses were moved there, and one of the houses was to be moved farther up on the hill and the other one was to be demolished, which he did. The house that was to be moved further up the hill was not completely on his property, one half on his property and half on the alley. He believed Mr. Tulp would agree that the house was on wheels ready to be moved. Public comment - none. M/S/C/U(Montgomery/Overson) to approve Resolution #2540, order the fees incurred for the abatement of the unsafe structures located on the Sesko property at Werner and Madison Streets be collected as reasonable abatement costs and become a lien against the property. Mr. McConne11 asked if Mr. Tulp knew how long the one house was setting on wheels? Mr. Tulp stated the cribs and wheels were still there when they removed the house. The house was supported by 8' X 8' cribs, not the wheel structure. ME. Fare asked Mr. Tulp to address Mr. Sesko's comment that one house was only on half of his property and the other half on the alley. Mr. Tulp explained there is a plotted undeveloped City right-of-way (alley), which would only be developed in cooperation TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 12 of 12 with the property owners as they develop the property. There was no current development on the property. Mr. Sesko owns the property and it is his choice to work that development. He did have several conversations with Mr. Sesko about his wanting the right-of-way rocked, but Mr. Tulp stressed that was not what they do at the maintenance operations, that is an engineering development and there are steps and permitting processes as property is developed. It was his knowledge that Mr. Sesko also accepted rent from Mr. Burley from the time it was parked at that site. Vote on motion - unanimous. With no further business meeting adjourned at 6:54 P.M.. JOHN~. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault