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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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