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HomeMy WebLinkAbout01/24/96TAPE #1351 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES COUNCIL APPROVED FEB 14 JANUARY 24, 1996 #0015 #0036 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, January 24, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Randy Wilkinson of St. Paul's Episcopal Church. CONSENT AGENDA A. Minutes -- December 27, 1995 #AB96-013 B. Minutes -- January 3, 1996 #AB96-014 M/S/C/U(Neville/Farr) 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. M/S/C/U(Colvin/Montgomery) on January 24, 1996, the Council does approve for payment those vouchers included and further described as follows: 194253, 194498 through 194621 in the amount of $189,288.99; and Regular Payroll for the period ending 1-15-96, in the amount of $670,836.26. COUNCIL MEMBER REPORTS Mr. Farr announced Districts #6, #7 and #8 will hold a combined Neighborhood Meeting on February 1, 1996, 7:00 P.M., at the Bremerton School District Office. The main topic that evening will be a presentation of the various aspects of the downtown redevelopment -Fletcher Wright/Sinclair Landing project. He encouraged the public to attend that meeting in order to get first hand factual information and to offer their suggestions or register their concerns. Even though this project is located downtown, it will affect everyone in the City, i.e. one way might be increasing revenue to the tax base that would afford a lot more services the citizens would like to have provided by the City. There will also be time for residents of the three districts to ask questions or TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 2 of 10 register concerns. Mr. Montgomery stated he hoped Travis Baker of The Sun would attend the joint Districts Neighborhood Meeting to report on neighborhood news. Mr. Colvin announced the next District #1 Neighborhood Meeting is scheduled for February 22, 1996, 7:00 P.M., at the Parks and Recreation Center. The main topic for that meeting will be the Fletcher Wright proposal for developing the downtown waterfront. He encouraged his fellow Council members to take a tour of the City's wastewater treatment plant with Councilman Montgomery as tour guide. Again, he has been contacted by a citizen requesting he do something about the Scotch broom problem. His response to that question was that he was not going to do anything, but he did want to know what others want to do about it. He encouraged anyone with a solution to the Scotch broom problem to attend the February 22 meeting. Mr. Winters noted the Kitsap Lake Neighborhood Meeting of January 18 was canceled due to the snow and was rescheduled for February 1, 6:30 P.M., at the Cascade Natural Gas Building. The subject of discussion at that meeting will be the weed problem in Kitsap Lake. He encouraged the youth of our community, if they are 18 years or older, to register to vote. Mr. Law reminded everyone Council will hold a Study Session following the Council meeting and the topics to be discussed are: Contract for Ben Pollock and the revised SLA agreement. MAYOR'S REPORT Mayor Hotton reported she and other City representatives are about to start some legislative rounds in Olympic to address the passenger-only ferry service to Bremerton. She encouraged those interested in the passenger-only ferry service to contact their Legislators to let them know how they feel about passenger-only service. She believes all of the components exist, it is just a collective will to see that Bremerton gets the two passenger-only boats and operating funds. She believes the funding is available in various areas and just needs to be pulled together. PUBLIC RECOGNITION Don Larson, President Washington Scuba Alliance, reported he received an interesting piece of mail from Receptacle World, which he passed onto the City Council. He was still concerned that the green garbage can in from of the Pennys building was without a liner and he hoped it could be fixed before the tourist season starts. He pointed out Thursday, January 25, is Citizens Lobby Day in Olympia and if people couldn't go to Olympia they can voice TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 3 of 10 their concerns and ideas by call 1-800-562-6000. He would like to see Substitute Senate Bill 5332 for underwater parks passed by the Legislature. Funding for underwater parks has not been approved, but on a more positive note his group has a meeting with State Parks and Department Of Fisheries on February l, at Saltwater State Park, where they will work out a plan of action to proceed with getting some underwater parks. As everyone knows, his ultimate dream is to have an underwater park in Bremerton or nearby. Carol Atkinson, Bremerton Main Street Association, reported they held the first official Blackberry Festival Committee meeting on January 11. And, on this date they held their first official St. Patrick's Day celebration committee meeting planning for the parade and evening event. Their next committee meeting is scheduled for January 29, 9:00 A.M., in the Main Street Office. Bremerton Main Street Association conducted a survey of all property owners in the downtown core area and are developing an updated study on how much available space is in downtown for both office and retail. That information will be available to the public. Evelyn Moshay reminded everyone that the "What Black History Means To Me Panel" will be at the Bremerton School District Office on January 30, at 3:45 P.M. As the Publicity Chairman for the Christmas In April Program, she announced Christmas In April will be held April 27th. If an individual or a group would like to volunteer to work on this event, they can call 478-0364 or the Home Builders Association. Margie Singleton, 820 Pacific Avenue, asked when she could expect an answer from the City in response to her letter that addressed two issues (1) Kitsap County locating a facility at the southwest corner of National Avenue and Kitsap Way and whether or not a traffic study was needed to allow such use at that location; (2) a Building Permit requirement for remodeling work at her brothers store at 820 Pacific Avenue. Mayor Horton stated Ms. Singleton has two separate issues: (1) a Special Use Permit was applied for in September 1995, by Kitsap County, which did go through an Administrative Special Use Permit process and the property was then posted on October 23. The Special Use Permit was granted and the use listed by the County on the application was for a Street Maintenance Facility. She noted they may have paint on site for stripping roads, but other than that the City is not aware of any hazardous materials to be stored on that site. In talking with Jack Allingham, of the Planning Department, he indicated this use would be greater or less than many other uses allowable and equal to or less than the previous use. It was not her place to comment on why the County chose that site, nor is it the City's place to dictate where someone wants to locate, that is a matter of the private sector market. (2) The building on Pacific Avenue, it does TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 4 of 10 need a Building Permit to allow the remodel work. Some time ago the City received a complaint that building was being worked on without a permit, which is what triggered a site visit. At that time, there was a discussion with one of the owners. The City is sending a letter to the owners outlining that they do need to apply for a Building Permit. The City does inspections because of life safety issues that protect the owners of buildings as well as the public. Elizabeth Bue11, High Avenue, stated she has heard talk several times about wanting another passenger-only ferry, but she didn't know what kind of passenger-only ferry is wanted. The first passenger-only ferry was great, but the second one is terrible. Mayor Hotton explained we are looking for two passenger-only boats that are low wake or no wake vessels that will not erode the shoreline along Rich Passage and thus be able to make the crossing commute in 35 minutes. Because the current boats create a high wake, they must run at reduced speeds that result in an hour crossing time. It is felt that a 35-minute crossing would encourage a lot of business and residential development in the City as well as Kitsap County. De1 Knauss stated last Wednesday Mr. Charlie Brown brought up a question of a conflict of interest of Council members serving on the Sinclair Landing Association. He asked the City Attorney if State law was being violated with such an arrangement? Ian Sievers stated he would not respond with an answer because it would be in an Attorney-Client communication, which Mr. Knauss would not have access. 7A - PROFESSIONAL SERVICES AGREEMENTWITH HOUGH, BECK & BAIRD, INC. FOR EVERGREEN PARK SEAWALL REPAIR AND HABITAT PLANTING, #AB96-015 Hough, Beck & Baird, Inc. were selected last year, through the bidding process, to prepare the Evergreen Park Master Plan. Their professionalism and expertise have been excellent, resulting in a comprehensive document for the future development of this popular park. This professional service agreement allows them to design the architectural and engineering plans required to stabilize the eroding shoreline at Evergreen Park and prepare the permits necessary to accomplish this work. The action before the City Council is approval of the agreement. The cost of this project shall not exceed $12,484.00. Jim Spencer, Parks and Recreation Director, stated Hough, Beck & Baird, Inc., were the master planners for the development of Evergreen Park and the City has had good success with them in the redesign of the park. Council allocated $150,000 of Real Estate Excise Tax for Phase I development of the park and what they are proposing at this time is to use $12,484.00 as step 1 towards the TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 5 of 10 restoration of the shoreline, which is in disrepair. It is felt that Hough, Beck & Baird is in the best position to do the work because of their expertise in the master planning and they have already had contacts with the Department Of Fisheries and others, which could assist the project in a timely fashion. Public comment - none #0892 Mr. Neville stated he is very much in favor of this proposal, which will start the first step of Phase 1 of the expansion of Evergreen Park. Everyone has been aware of the shoreline deterioration for several years and he was pleased to see some progress being made to move forward on the improvement of Evergreen Park. Mr. Winters pointed out the City will be receiving a report within the first 30 days of the contract, if approved. He questioned if that report would be brought before Council at a Study Session? Mr. Spencer stated he anticipated it would be presented at a Study session. Mr. Overson asked if this was the same group that had designed and built facilities around the world? Mr. Spencer stated yes. Mr. Farr asked if restoration of the shoreline will be completed by August 19967 Mr. Spencer stated he believed that time frame was optimistic, but he hopes that is the case. Mr. Farr asked what would happen if the work isn't complete by that time and a final review is still due? Mr. Spencer explained the contract would need to be extended. M/S/C/U(Montgomery/Winters) to authorize and direct the Mayor to execute the professional service agreement with Hough, Beck & Baird, Inc. to provide the design and permit documents for construction and repair of Evergreen Park seawall and habitat planting. 7B - PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, INC. FOR MCKENNA FALLS INTAKE/UNION RIVER PROJECTS DESIGN, #AB96-016 A professional services agreement has been negotiated with R.W. Beck, Inc. to provide design and permitting assistance for three projects on the Union River. The projects are a new intake structure on the West Branch of the Union River, by-pass structure, and gate modifications at the McKenna Falls Intake Facility, and river bank stabilization on the Union River between McKenna Falls and Casad Dam. The services will include hydraulic modeling and design, permit drawings, and construction plans and specifications. R.W. Beck, Inc. was selected after reviewing qualifications of five firms on the City's Consultant Roster. R.W. Beck, Inc. is #1091 TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 6 of 10 qualified to perform all aspects of this project. The amount of the professional services agreement is $78,972.00. The action before the City Council is approval of the agreement. Tim Richard, Senior Engineer, explained all three projects identified in this proposal are related to the surface water intake facility associated with the Union River. The surface water intake on the west branch of the Union River was built during the 1930's and a number of maintenance problems have occurred and often times fills with debris. They have also experienced problems keeping the screens clean when using that intake facility. The proposed work is to construct a bypass structure so that the basin can be cleaned out in front of that intake. The McKenna Falls modifications are the addition of a bypass pipe also to allow routine maintenance, some stabilization of the downstream slope and modification to the sluice gate and weir to allow flow improvements through the intake basin. The third part of the project is for the Union River slope stabilization to correct some severe erosion problems along the Union River between Casad Dam and McKenna Falls intake, which is jeopardizing the access road to the valve house on Cascad Dam that is used to control the water flow. The professional services agreement includes the hydraulic analysis and modeling, permit systems and design of the projects, including contracts, plans and specifications. The total amount of the contract is $78,972.00, with approximately $15,000 for the stream stabilization work coming from the Water Forestry Operating Budget and $64,000 from the Water Capital Fund. Public comment - none. Mr. Winters asked the City Attorney to explain the recommended change in the contract as outlined in Section #7, which was given to the Council members prior to the meeting. Ian Sievers explained the change has to do with substitution of the 2nd and 3rd paragraph in Section 7 of the contract that addresses indemnity and hold harmless clause and substitutes the language for those obligations and duties of the consultant. He recommended the change be included in the motion substituting page 2 of the contract. Mr. Overson asked if there was a correlation between the Capital Fund portion and Tasks #1 and #2? Mr. Richard stated Mr. Overson was correct, the $15,191.00 from the Forestry Operating Fund is Task #2, the bank stabilization project; and Tasks #1,#3, #4, #5 and #6 are funded out of the Water Capital Fund. M/S/C/U(Huff-Menees/Farr) to authorize and direct the Mayor to execute the professional service agreement with R.W. Beck, Inc., in the amount of $78,972.00 to provide engineering design services for TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 7 of 10 the Union River projects, including the amended page #2. 8A - ORDINANCE NO. 4542 (SECOND READING) INCREASING PENALTY FOR UNAUTHORIZED USE OF DISABLED PERSONS PARKING, #AB96-010 Ian Sievers, City Attorney, stated at the time of first reading of the ordinance Elizabeth Buell asked how citizens could get involved in illegal parking violations and he stated the City didn't favor citizen arrest. However, after looking at letters in the newspaper last week and Ms. Goodell's comments in the newspaper article in The Sun, he met with Ms. Goodell and Police Chief DuFrense. A decision was made to extend the program of citizen involvement that they have used for overtime parking around Olympic College at night when Parking Regulators are not available. This does enlist the support of the public in enforcing this ordinance. If the public witnesses violation of reserved parking, they need to simply note the time, description of the vehicle (make, model, license number) and a description of the particular space and call that information in to either the Parking Regulation Division or the City Attorney's office. That information would be taken over the phone and an affidavit prepared for their signature and then his office will issue and mail the infraction complaint. Elizabeth Buell, High Avenue, stated at the previous Council meeting someone mentioned having the penalty of $175.00 placed on the Handicap Parking sign. She supported having that posted and felt it would be a deterrent to keep people from parking illegally. Mr. Farr asked if he were to turn in someone's license plate number along with the other necessary information to cause them to be cited he would be concerned that his identity would be revealed. He asked if there would be any guarantee of anonymity? Mr. Slevers explained the person needs to understand they will be identified and should be willing to make the commitment to possibly be a witness if the case is contested. It is not a case where they could take a confidential informant statement and verify and follow up with enough information through Police investigation. Mr. Winters asked what happens if someone gives false information to the City about a violation and is there any liability to the City in the event that person never committed the alleged violation? Mr. Sievers stated the City would be relying on a sworn affidavit and there is no liability for pursuing the charge because the City would have probably cause based on that affidavit. He would caution anyone from filing a false affidavit because there are penalties for perjury and an obstructing charge for providing false information that led to prosecution and both of those are misdemeanors. #1377 TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 8 of 10 Mr. Colvim asked how does the citizens participation for enforcement fit into second reading of the ordinance? Mr. Sievers stated it has nothing to do with the ordinance, but was a response to a question relating to this type offense. The ordinance only increases the penalty for the offense. He felt the enforcement techniques will be improved with the citizen involvement aspect. Mr. Colvim stated what it boils down to is one persons' word against another, so he did not see much gain unless the person was actually caught parking illegal. Mr. Sievers stated that was not any different than a lot of the cases the City prosecutes. All parking infractions are the word of the Parking Regulator, who writes the ticket. Mr. Colvin pointed out the difference is the Parking Regulators are Officers. Mr. Neville emphasized the Police Department and Parking Regulators always need help from the citizenry of Bremerton and this is no different than any other case. M/S/C/U(Neville/Montgomery) to pass Ordinance No. 4542 on second reading, amending the parking code to increase penalties for disabled parking violations; and amending BMC Title 10. 9A - PUBLIC HEARING ON RESOLUTION NO. 2537, REGARDING RECOVERY OF FEES FOR THE REMOVAL OF GARBAGE ON THE PROPERTY LOCATED AT 833 10TH STREET, #AB96-017 On November 27, 1995, the City was forced to remove garbage and debris from the property located at 833 10th Street, after the owners, Anthony and Regina Cota, failed to obey a Notice and Order to Remove Refuse within 72 hours. The abatement fund was charged $831.40 for the work. Janet Lunceford, Building Department, stated this complaint first came to her attention in August of 1995, when someone complained there was a sailboat with garbage and debris behind the residence at 833 10th Street. The inspection confirmed the reported condition of the site and she then attempted to contact the owners of the property asking them to remove the garbage within two weeks. That attempt failed and the site was then posted with a 72-hour notice for removal of garbage. On October 16, Officer Moon of the Bremerton Police Department requested her to meet him at the site because there were other problems at that location. Upon her arrival, she found the garbage situation was much worse than before the 72-hour notice was posted. She then posted a second notice, which detailed more garbage so that everyone would be specific about what needed to be removed and it also named the tenant. No response was received from either the owners or the tenant; however, on January 23 she learned from the owner that the tenant is no longer living at the site. Since there was no response by the owner or tenant to remove the garbage, the City was forced to 1519 #1609 TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 9 of 10 perform the work. Ms. Lunceford passed out pictures showing the debris on the site prior to its removal. Public comment - none. Mr. Winters stated after viewing the pictures he estimated it would have cost the owner about $200.00 to clean up the debris, but because he chose to do nothing it was now costing him $831.40. M/S/C/U(Montgomery/Winters) to approve Resolution No. 2537, ordering that the fees incurred for the abatement of the garbage and debris at 811 10th Street be collected as reasonable abatement costs, and become a personal obligation against the owners of the property, Anthony and Regina Cota, which if not collected within 30 days, will become a lien against the property. 9B - PUBLIC HEARING ON RESOLUTION NO. 2538, REGARDING RECOVERY OF FEES FOR THE REMOVAL OF GARBAGE ON THE PROPERTY LOCATED AT 1915 10TH STREET, #AB96-018 On November 28, 1995, the City was forced to remove garbage and debris from the property located at 1915 10th Street, after the tenant, Darrell Elliott, failed to obey a Notice and Order to Remove Refuse within 72 hours. The abatement fund was charged $546.40 for the work. Janet Lunceford, Building Department, described this situation as a person running a contracting business for mechanical equipment and was storing materials in the yard after being removed from a building/house. The owner was offered the opportunity to clean up the site, which he promised to do and was given two weeks to complete the clean up, but he failed to meet that requirement. Public comment - none. M/S/C/U(Montgomery/Colvin) to approve Resolution No. 2538, ordering that the fees incurred for the abatement of the garbage and debris at 1915 10th Street be collected as reasonable abatement costs, and become a personal obligation against the tenant of the property, Darrell Elliott and property owner Claude Patterson, which if not collected within 30 days, will become a lien against the property Mr. Farr noted in this instance the tenant is being given 30-days to pay the charges, but if not paid they then become a lien against the property, which doesn't involve the tenant. He asked if there was a notification circuit to the property owner so that they know what will happen to their property if the tenant does not pay? Ms. Lunceford stated the property owner is the tenant's step-father and was involved in the contracting business until he suffered a stroke and confined to a nursing home. The property owner's care giver TAPE #1351 City Council Reg. Mtg. Minutes January 24, 1996 Page 10 of 10 was notified that this action was to be taken. Mr. Farr asked if the proposed Council action should include the name of the legal owner. Ian 8ievers, City Attorney, stated yes. The procedure allows collection against either the owner or the person responsible, who may be the tenant. He believed it should be a joint obligation because that relationship is needed to make the lien against the site make sense. Mr. Winters asked when the first notice was sent out did it include both the owner of the property/and tenant? Ms. Lunceford explained the first notice went to the owner of the property until she was notified by his sister that he was confined to a nursing home and the property was occupied by his stepson, Mr. Elliott. Both the owner and the tenant were notified of the action. Mr. Winters questioned the importance of adding the owner's name to the motion? Councilman Montgomery and Councilman Colvin requested that the motion be amended to include Claude Patterson as owner of the property. Unanimous affirmative vote. With no further business meeting adjourned at 6:34 P.M. KATHLEEN L. McCLUSKEY, City Clerk KLM/JL/me cc: Normal Distribution File/Vault