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HomeMy WebLinkAbout02/09/94 FEB 2 TAPE #1175 UNAPPROVED DRAFT CITY COUNCIL HEETINH MINUTES FEBRU~Y 9. 1994 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 9, 1994, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Richard Neville, Morrie Dawkins, Bob Winters, David Farr, Lon Overson, John Law, A1 Colvin and Sherril Huff-Menees. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Councilman A1 Colvin. CONSENT AGENDA A. Minutes of Meeting - January 26, 1994, #AB94-031 #0016 M/S/C/U(Neville/Colvin) to approve the Consent Agenda as presented. CLAIMS/WI~W/~T REHISTER~ 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. #0041 M/S/C/O(Colvin/Dawkins) February 9, 1994, the Council does approve for payment those vouchers included and further described as follows: 172921 through 173033 in the total amount of $679,970.26 and Regular Payroll for the period ending 1-31-94. COUNCIL MEMBER REPORT~ Mr. Winters thanked Councilman Dawkins for representing the City Council at the Main Street Association function. He emphasized it is near impossible for City Council members to attend all meetings/functions they are invited due to time constraints and other obligations. On Thursday, February 10, he will be meeting with representatives from the Bremerton Area Chamber of Commerce to discuss their views and to ask him questions. He reported on a very meaningful but sad occasion, the memorial service for Jody Michele Lincoln and Brittney Rene Lincoln, who died in a house fire. He extended a special "thank you" to Fire Chaplain Rick Young of Fire District #7 for his part in the memorial service. He stressed the importance for the children and their parents to reach out and communicate their feelings with the Lincoln family members. TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 2 of 14 He reminded every one of Power's fund raising event on March 5, 8:00 P.M. - 1:00 A.M. "You've Got The Power" celebration. District #9 will hold a meeting on February28, 1994, startling at 6:30 P.M. at the Cascade Natural Gas building on Kitsap Way. The topic of that meeting will be a presentation on the West Kitsap Lake Sewer project by City Engineer Randy Witt. Mr, Colvin reported on February 2 and 3 he attended the AWC Legislative Conference in Olympia along with Councilman Farr and Director Of Administrative Services Kathleen McCluskey. At that conference, State Legislators conveyed their greatest concern is youth, gangs and negative type activities. Mr. D&wkins talked about the impact on the City's Street Department budget when a snow storm hits this area. He was pleased to see the recent snow storm come in the night time and be gone by the start of the morning commute. Mrs. Huff-Menees on Tuesday, February 8 she met with two board members of the Bremerton Area Chamber Of Commerce where they had a good exchange of ideas. Today she attended the Westpark Residents meeting at the Westpark Community Center. She found the meeting to be very enjoyable and informative. She reminded everyone that she will hold a District #7 neighborhood meeting on February 17, 7:00 P.M., at the Bremerton School District office on Montgomery Avenue. Mr. Law announced the District #3 neighborhood meeting will be held February 15, 7:00 P.M. at the Senior Center on 13th and Nipsic. Mr. F&rr reported he did attend the AWC Legislative Conference and was happy to report the City is well represented by Councilman Colvin considering the numbers of people looking him up during that event. He found the conference to be very enjoyable. He announced District #6 will hold a neighborhood meeting on Tuesday, March 1, 5:00 - 6:00 P.M., at the Kitsap Lake Elementary School. The District meeting will be in conjunction with the West Bremerton Neighborhood meeting (at 6:00 P.M.). He will be distributing flyers announcing this meeting and a questionnaire will be handed out during the meeting. Mr. Neville stated he received a phone call from Mr. Dorton, a Block Watch Captain for the 9th Street area, who is interested in setting up a presentation on K-Prep, earthquake preparedness program. He encouraged anyone interested in hearing more about the K-Prep program to contact him or Council Legislative Assistant Merilynn Erhart - 478-5280. Mrs. Fits welcomed all the Council members back. She wanted to remind everyone that on snowy days children like to play in it and TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 3 of 14 are not always mindful of traffic hazards, so please drive carefully. PUBLIC RECOGNITION Mayor LYnn Horton reported she made two trips to Olympia this past week to attend the AWC Luncheon on February 3 and Chamber Of Commerce Luncheon with the Legislators on February 4. At the Friday luncheon, she noted the legislators looked exhausted from the frantic pace they kept up during the past week for getting bills on the floor for consideration. She appreciated the Legislators effort to meet with the Chamber group and she was pleased to report the City was well represented at that event. She also attended the Westpark Resident Council meeting and was pleased to report what a beautiful facility they have in their new recreation center, as well as play areas and ball fields. She received the following suggestions in the City's Suggestion Box: (1) Please have the City Council members speak up during City Council meetings; (2) people feel 3-hour parking directly in front of City Hall is too long and should be shortened so that more people can use those spots for quick trips into and out of City Hall. The Parking Advisory Committee did meet on that issue this week and she recommended that the 3-hour parking times be changed to one-hour parking for those spots directly in front of City Hall. The committee agreed with her request and the appropriate posting is underway. Absent any appeal of the proposed change, the signage will be changed to reflect the new time limit. Additionally, she asked Don Atkinson, Bremerton Main Street Association, to conduct a survey of the downtown businesses to see how the 3-hour parking regulation is working for them. She has received several letters from people concerned about the re-park issue, which she will also be looking into. (3) It was suggested that Municipal Court Office provided a drop off box for payments in the lobby of City Hall' building. Mayor Horton will be looking into that possibility and felt it had merit. Mayor Horton read the following Proclamation: Proclaiming the month of March as Women's History Month. Terrie O'Neill, Municipal Services Coordinator, gave a brief update on the City's recycling program. Residential curb side recycling has been going on for approximately one year and she thanked all the residents who have been recycling and recovering lost treasurers. In the last month the multi-family recycling program has gotten underway with 29 complexes equipped to recycle. She presented a display board showing samples of all the printed materials developed in collaboration with Brem-Air Disposal Inc., Peninsula Recycling, City of Bremerton and Kitsap County. Brian Mueller, Bremerton resident, stated following the city's TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 4 of 14 public meeting on the sewer rate issue and he had two questions: (1) how is 6% tax on sewer bills was calculated? K&thleen MoCluske¥, City Clerk, explained the 6% tax is on the gross revenue to the Utility from water and sewer services. ~ stated his second questions: is the City pursuing grants to help pay for improvements to the sewer system? PNesident Fit~ stated in the past the City has always applied for every eligible grant, and currently the City is complying with time lines specified for current grant funding opportunity. In 1993 the City did make application for grant funding, however, that application was denied. The City is again applying for that grant this year. Mr. Mueller stated during the public meeting on February 8, it became known that a citizens group is organizing to carry out an initiative drive to roll back the sewer rates to the existing rate and limit the ability of the City Council to raise those rates. He suggested anyone interested in that effort attend the next meeting - February 22, 6:30 P.M., at the Kitsap Regional Library. President Fit~ asked the City Attorney, Ian Sievers, if citizens, by initiative action, can roll back rates? Ian Sievers, City Attorney, stated he would have to research that point further. It was his feeling such action could not be taken - not everything the City Council does is subject to repeal by an Initiative Ordinance. Things that are delegated to the Legislative body of the City are their responsibility alone and cannot come from direct legislation through the Initiative process. President Fit~ asked the City Attorney to contact Mr. Mueller once he made his determination on that point. JUSti~ Saens announced a new program has been instituted in the Kitsap Community - PAC (Public Awareness Committee of Kitsap County), which is comprised of five groups: (1) Domestic Violence, (2) Crime and Gang, (3) Main Street Renovation, (4) Economic' Diversification, (5) Food and Shelter. This program is funded through a grant sponsored through Kitsap Community Action Program. All five groups are geared to improve the quality of the community. He represents the "Food and Shelter" group, who are volunteering to work with existing organizations such as food banks, shelters, etc. This group has approximately 15 members, who are willing and ready to serve within the community. Any group needing assistance can contact PAC by calling Fred Roman at 377-0053. As a point of information, Mr. Saens stated every one in their program has been affected in some way by the down sizing of the military. Mr. Winters suggested Mr. Saens contact Robert Boddie of POWER to see if a food collection event could be coupled with their fund raising event scheduled for March 5. Jane Parks reminded everyone of the fund raising event on March 5 sponsored by POWER. TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 5 of 14 ~ ~oncerne~ Citimen stated he rides his bike to work everyday and is very concerned with traffic safety at 11th and Warren Avenue. He asked that someone from the City look into ways to make this a safer intersection for pedestrians and bicycle riders. Mayor Horton stated the City will be addressing the intersection at llth Street and Warren Avenue this year. Design work for that project will commence in May and would be the opportune time to make any changes. Pastor Sam Raohel, Pastor of Mt. Zion Missionary Baptist Church, stated this evening he was representing POWER, and wanted to clarify that POWER's effort is a community effort. He extended a "thank you" to the Skill Center for allowing the Black Historical Month program to be presented in their facility. Also, thanks are extended to KCAP and Safe Streets for their involvement in an internship program that POWER has with TCI Cable. Another effort that has come to his attention is the need for a Blood Donor Drive for bone marrow transplant. This specific plea has to do with Afro-Americans and the fact that they are in the minority of support of volunteers for that particular effort. At the March meeting of POWER, there will be a guest speaker on the "Bone Marrow Donor" program. Lastly, he announced every second Wednesday of each month a Community Prayer Service is held and everyone is invited. The service on this date will be held at the Afro- American Methodist Church on Park Avenue. President Fit~ related last week her sister was a bone marrow donor for a person in chicago and she was pleased to report that it was a near painless procedure. Gor4v Bvr4, P.O. Box 930, related a recent incident where he was almost hit by a vehicle in the area of Almira Drive and Sylvan Way. He was not pleased with the kind of response he received from the' Police Department following his reporting the incident and followed up with a call to Mayor Horton's office. He had expected to at least receive a response from the Mayor's office. On a more positive note, several weeks ago two Police officers gave him a ride home from Burger King after someone tried to hassle him at that restaurant. Lastly, he wanted everyone to know that the coat he was wearing was given to him by students at Bremerton High School. He did not want anyone to think that he was using any "Byrds Nest" funds for personal use. Don Larson, 135 Rainier Avenue, President of Washington Scuba Alliance, stated about four years ago he approached the City Council about the possibility of an underwater park. Senator Bob Oke became interested in the idea of underwater parks and Substitute Senate Bill 5332 was passed in 1993. In January a meeting was held with the State Parks Director, Senator Oke and Senator West to discuss the Underwater Parks proposal. The TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 6 of 14 Washington Scuba Alliance will be working on a list of existing underwater parks to determine their location and what they need. The Alliance was encouraged to put together a proposal by April of 1994, it could be considered for funding in 1997. If submittal isn't made by April, funding from State Parks would not be available until the turn of the century. It is his desire to develop a proposal for an underwater park in Bremerton or some immediate area. He obtained a document (Downtown Waterfront Urban Renewal Plan), from the Planning office, which identifies that the City recognizes the value of the water and that something should be done in that area. The area where he would like to see an underwater park located is called Water Marina North. In the existing Waterfront Urban Renewal Plan they do not recognize an underwater park but anticipate expansion of the marina. What he would like from the city Council is a commitment, fairly soon, that they want an underwater park. Previously, he had hoped to secure a decommissioned submarine or a portion of one, however, all his requests have been turned down by the Secretary of Navy, Chief Naval Operations and Seas Systems Command. The reasons for denial have related to environmental concern, security concerns and that a submarine can not be cost effectively cleaned up to be used for such a purpose. He looked to Canada and their underwater park project whereby they sunk a cold war era ship. The Artificial Reef Society did the ship clean up prior to its being sunk. Tourism benefit to that area has been identified close to one million dollars per year. Environment Canada made an extensive study on any environmental impacts of the sunken ship and gave it clean bill of health in that it is not affecting the water quality and has increased the amount of marine life. He provided a written report to Council that has to do with underwater parks in the State of Michigan. President Fits stated before Council could make a commitment to an underwater park more information is needed, especially in the specific area he identified. She suggested that Mr. Larson meet with Mayor Horton and Vicki Vanneman, Parks and Recreation Director, to look at what he is proposing. M&¥0r Horton stated she understands Mr. Larson's enthusiasm for this project and she is not saying it doesn't have merit, however, at this point in time there are a few obstacles in the way. Generally grant funds do not come without a local match of 50%. Additionally, she is aware that the Port of Bremerton is looking at expanding their marina northbound from their current location. Mr. Larson has not presented any documentation, to her knowledge, for budgeting towards such a project and depending on the sum and since it is not in the City's Capital Improvement Plan, but is under Council purview to put it on in an emergency basis, which she did not recommend. Even though she feels Mr. Larson's idea is a good idea and may have merit at some point, she was not sure it was feasible to pull all those pieces together much less getting an item before Council to add to the Capital Improvement Plan. TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 7 of 14 Mr. Larson stated one of the things he sees with the grant application is buoys to mark State water parks, which can be used in any location. At this point, he does not need any funding from the City, however, he does need a concept. ~obert Ackerman, Arsenal Way, stated he hopes the new City Council members will listen to citizens when they hear complaints and concerns. He referenced a recent article in the newspaper in which Mayor Horton wants to have an Annexation vote by the people in the Rocky Point area. Ne supports that idea, but questioned if the vote would be fair? In reference to accidents occurring in crosswalks, he emphasized there is a state law that pedestrians have the right-of-way and there should be more enforcement of that law in Bremerton. president Firm requested the City Attorney read into the record two letters he prepared in answer to questions raised by Mrs. Mary Lou Long. ~_~~, City Attorney, read into the record letters addressed to Mrs. Mary Lou Long dated February 2, 1994, and February 9, 1994. The subject discussed in those letters related to formation of the Sto~mwater Fund, establishment of the City's Water and Wastewater Utilities and Charter language relating to voter ratification when establishing new Utilities. (NOTE: copies of these letters are on file in the City Attorney's office.). Gordv BYrd questioned how can one tell the difference between wastewater, sewer water and stormwater? ~ briefly described the differences and steps being taken by the City to comply with state, federal and Decent Decree mandates. ,6A - ]%MENDMENT TO FOSTER, PEPPER & SHEFELMAN RETAINED COUNSEL AGREEMENT TO INCLUDE REPRESENTATION ON CONTRIBUTION CLAIMS, #AB94- 032 This contract commenced in 1992 for representation of the City in litigation concerning its treatment plant. This suit has now been settled, requiring an amendment to the original contract to cover representation of claims the City may have for contribution against responsible parties and against insurance carriers. The term has also been extended to year's end. No adjustment to the existing compensation limit of the contract is requested at this time. ~an S~,veN$, City Attorney, stated he viewed this as a technical amendment to the contract as it was originally written for representation in the particular lawsuit. That lawsuit at one time did contain some contribution claims as part of the suit, which were removed with the standstill agreement and the City is looking to again pursue them. The lawsuit itself has been settled so the scope of the contract needs to be changed and the term extended. TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 8 of 14 Public comment none. Mr. Neville questioned if the law fi~m was working without a contract at this time? ~ stated the contract did end 12- 31-93, however, they have continued to do some work, but they have not exceeded the amount of change order that can be approved administratively. #2205 M/S/C/U(Neville/Dawkins) to approve Third Addendum to Professional Services Contract. 7~ - PUBLIC HE~RXNG: REBOLUTXOM NO. 2457. REG~%RDXNG THE I~I~COV~RY OF FEES FOR THE ~B~TBNENT OF D~%NGEROUB CONDITION FOUND ~ ~100 197w STREET. #AB94-033 In November of 1993, the City was forced to demolish the fire- damaged building located at 2100 19th Street, owned by Jack Champion, which was under abatement by the Building Department as an unsafe structure. The Street Department performed the work, and the abatement fund was charged a total of $2,969.72. ~_~, Building Official, stated on 6-29-1992, the City's Fire Marshal reported to him there had been a fire at this building and that it was heavily damaged and abandoned. On 7-16-1992, a Notice and Order of Unsafe Condition was posted on the property, a Certified copy was mailed to the owner, Mr. Jack Champion, establishing deadlines for when he should obtain permits and when he should have the work completed either repairing or demolishing the structure. A Certified Mail Receipt was returned on 7-18-1992, signed by Jack Champion. On 9-29-1992, which was a couple days beyond the first deadline for this project, no response was received from the owner so a Title report was ordered. On 3-18- 1993, lien holders, who were plentiful on the title, were notified' of the abatement action. A letter was received from Craig Kastner, attorney for lien holder Mike Mastro stating the property was in Bankruptcy Hearing and that the hearing would be held 4-8-1993 and asked that the demolition of the structure be put on hold until that time, which they did. It was stated that Mr. Mastro would demolish the building rather than have a lien placed against it. On 7-9-1993, a letter was mailed to Craig Kastner asking him to obtain the demolition permit for this property and giving him an additional 30 days to demolish the building. When no response was received, a Dangerous Certificate was filed with Kitsap County Auditor and an asbestos/hazardous materials survey was conducted for the premises and a permit obtained from Puget Sound Air Pollution Control Agency (PSAPCA) to have the building demolished. Following receipt of PSAPCA's permit Street Department personnel performed the demolition of the property. The charges for the Street Department services amounted to $2,450.22, which is direct cost for time, labor and equipment. The additional funds being TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 9 of 14 requested cover aaministration time for things such as ordering Title reports, paying for Title Report, paying for Building Department personnel to write letter, etc. On 12-10-1993 a letter was sent to Jack Champion billing him for charges incurred in the demolition process. Ten days were allowed for payment, however, the Certified Letter containing that billing was returned to the City "unclaimed" on 1-24-1994. Mr. Nelson requested the City Council approve the subject Resolution, authorizing the placement of a Special Tax Assessment Lien against the property. president Fitz asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Mr. Overson stated he found significant substantiation of the $2,453.00. however, he did not see anything that substantiates the additional $500.00. Mr. Nelson stated it appeared that not all of the receipts were included in Council's Agenda packet. He did point out $215.00 for the Title Report, $25.00 fee for PSAPCA permit for demolition, $19.50 for Demolition Permits. Mr. Overson pointed out the Resolution does not state the amount or refer to any document that does s,,-marize the amount. Ian Sievers, city Attorney, stated he believed the Resolution referred to the attached report, however, since some of the costs were not identified in the report, it would be advisable to include the dollar amount in the Resolution itself. He recommended adding the following wording: "1. that the abatement changes of $2,969.72 included in the report...". MN, Colvin questioned what position does the City take along with the other lien holders on this property? Mr. Sievers stated this is a dangerous building abatement and the City would take priority over all other liens except for delinquent tax liens. Mr. Dawkins questioned if there would be any other costs associated with this property? Mr. Ne~$o~ pointed out no structures remained on the site. Mr. colv~n questioned if interest was charged on the lien? Mr. Nelson explained when the lien is filed interest will accrue at a rate prescribed by State law. ~stated the interest and penalties are the same as delinquent taxes. President Fitz questioned when would the City receive its money? Mr. Nelson stated State law requires that it remain out there for three years and then is automatically foreclosed and a sale is held by the County. Mr. Fart questioned the threshold for seeking bids from private companies to do the demolition as opposed to the City doing the work? Mr. Nelson stated administratively they are authorized to do TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 10 of 14 up to $10,000 worth of work without going out for bid. Often times he will obtain bids from contractors in order to compare their estimated costs on certain projects. Public comment - none. #2720 M/S/C/U(Dawkins/Colvin) to approve Resolution No. 2457, reviewing charges for the abatement of the property at 2100 19th Street and dete=mining means of collection; including adding the amount of $2,969.72 into the Resolution. filed as a lien against the property as reasonable abatement costs. 7B - PUBLIC IIEARING~ RESOLUTION NO. 2458. REGARDIN~ THE R~OVERY OF FEES FOR THE ABATEMENT OF G]t,RB~GB ~ DEBRIS AT 3914 SONDOW~ DRIVEr #AB94-034 In October of 1993, the City was forced to remove the garbage located on the property at 3914 Sundown Drive after the owner failed to obey an order by the Building Official to do so. The Street Department performed the work and the abatement fund was charged a total of $855.68. President Fits asked the "Appearance Of Fairness Conflict Of Interest"question with all Council members being seated except Bob Winters, who determined he has a conflict of interest. David Nelson, Building Official, stated on 10-5-1993, an order to remove refuse within 72 hours was posted on the subject property. Since 1991 there has been an ongoing problem with garbage on this site. On 10-8-1993, the City reinspected the property to see if the garbage had been removed, however, it had not been removed. On 10-18-1993, the Street Department removed garbage and debris from the site at a cost totalling $855.68. The owner, Rick Towne, was billed for that amount and allowed up to 12-16-1993 to respond with payment. No response was made to that notice, therefore, City Council is being asked to authorize him to recoup those costs through a personal judgement against Mr. Towne. President Fits noted the amount of money to be recouped was not included in the Resolution and questioned if that should be added? Mr. Sievors, City Attorney, recommended adding the amount in the Resolution as follows: "That the City of Bremerton confirms the Building Official's report of garbage abatement charges as $855,~$ as correct .... ". ]iN~, Arsenal Way, questioned the kind of garbage that was removed, such as food garbage or vehicles, trucks etc.? Mr. NelSon explained this particular refuse removal included such things as building materials, furniture, windows, plastic buckets, sheetrock scraps, plastic and household garbage plus general debris TAPE #1175 City Council Reg. Mtg. Minutes February 9, 1994 Page 11 of 14 scattered all over the premises of the private property. ~Nesident Horton questioned if the majority of the debris came from the owner's business? Mr. Nelson stated in this particular instance most of it was not associated with the owner's business. When they arrived on site there was a pile of garbage that filled one of the City's dump trucks with old furniture and scraps. The residue of the owners' business was scattered around the yard, which allowed it to blow around in the wind. Mr. Aokermanquestioned why does it bother the city to have furniture and other stuff on a persons' property? Mr. Nelson stated from his standpoint as Building official, there is a regulation, passed by Ordinance, that yards, premises, private properties are maintained to a certain standard as adopted by Bremerton Municipal Code, and the City was enforcing that code. If such debris is kept in tight containers with lids as prescribed by the Code, then it is not a problem, however, when it is allowed to accumulate on the property it does create harborage for rodents, vermin, etc., blows around in the wind and becomes a nuisance for the community and it devalues adjacent properties. M/S/C/U(Dawkins/Farr) to order by Resolution No. 2458 that the fees incurred for the abatement of the garbage at 3914 Sundown Drive be collected as reasonable abatement costs, and become a personal judgement against the owner of the property, Rick Towne, and to include in the Resolution the cost of $855.68. Councilman Winters returned to the City Council Chambers at 7:20 P.M. 7C - PU~LXC HEARING: BTRBET FACTION: ORDINANCE (FIRST READING), 3FACATXN~ ~ pORTION OF THE WEST SIDE OF MONTGOMERY AVENUE 48 FEET NORTH OF 9TH STREET; ALLEY VACATIONs ORDIN~NCE (FIRST READING). VACATING THE ALLEY-WAYS WITHIN TH~ BLOCK BOUND BY CALLOW AVENUE AND MONTGOMERY AVENUE BETWEEN 9TH STREET AND 11TH STREET~ APPLICANT: SAFEWAY° INC.. ~ ADJOINING PROPERTY OWNERS. #AB94-035 Safeway, Inc., is planning to develop a new store within the block bound by Callow Avenue and Montgomery Avenue between 9th Street and llth Street. In order to consolidate all the property needed for the project, Safeway, in conjunction with adjoining property owners, is requesting vacation of the alley-ways contained within the block and a portion of Montgomery Avenue. The portion of Montgomery Avenue will be used in the design and location of emergency exit facilities. If vacated, Safeway will purchase the remaining property to consolidate the full block into one site. TAPE #1176 President Fits asked the "Appearance Of Fairness/Conflict of Interest" question with all Council members being seated. TAPE #1176 City Council Reg. Mtg. Minutes February 9, 1994 Page 12 of 14 Jack A11in~ha reviewed the location of the subject area and explained that the concept of the Safeway project is to acquire the whole block and reconstruct a new store on the south end of the block; and in order to do that they need to aggregate all the land. The redevelopment would result in the demolition of an existing church, two single family residences, a hand car wash and a 24,300 sq. ft. Safeway store. The second aspect of this application is to vacate a portion of Montgomery Avenue, about 4.67 feet in width and 74 feet in length, which will enable to the store to provide an emergency exist and a ramp up to the street grade. The Planning Commission reviewed this application on December 21, 1993, and looked at whether or not there was any public need to retain the right-of-way and if the public interest is best served by vacating the right-of-way. The Planning Commission found that there was no public need if Safeway was to be the whole property owner, that the alleyway would not be necessary to retain and that the strip along Montgomery Avenue would facilitate the redevelopment of a new inner city Safeway store which would be a cornerstone for the surrounding neighborhood and provide services to that neighborhood. The Planning Commission recommended approval of both right-of-way vacations. ~ questioned the impact of the vacation on Montgomery Avenue? mN. A11in~ha explained Montgomery Avenue is a 50 foot right-of-way and if the vacation is approved, it would be reduced from 50 feet to 46.35 feet. It will still enable the reconstruction of a sidewalk and maintain the current curb along Montgomery Avenue so there will be no change or realignment to the right-of-way. Robert Aokerman, Arsenal Way, requested clarification on what is being proposed. He understood that a new and bigger Safeway store~ would be built, but the other aspects were not clear to him. MN, Allin~ham briefly reviewed the proposal and assured Mr. Ackerman that there would be no change to the street width on Montgomery Avenue. Mr. MoCaslin, Montgomery Avenue, stated he presently lives across the street from the Safeway store. Me questioned if the "fire escape" ramp would be for pedestrians or vehicles? Mr. Allin~hmm explained it would be a pedestrian emergency exit from the store and would allow a ramp to go from below the grade of Montgomery up to Montgomery Avenue. MN, MoCaslin stated from the map provided, it appears that trucks and vehicles are coming in from Callow up 9th and turning on Montgomery and backing into the ramp. Mr. ~11in~hmm stated Mr. McCaslin was correct. Mr. MoCaslin questioned the route trucks will take when they exit the off- loading area? Mr. &llin~hmm stated it is his understanding that they would head south on Montgomery Avenue. Mr. MoCaslin questioned if there was TAPE #1176 City Council Reg. Mtg. Minutes February 9, 1994 Page 13 of 14 anything to keep them from turning north? His own vehicle has been hit three times due to traffic heading north on Montgomery. Mr. Allinuhmm stated he felt rational truck drivers would make a right turn and head south on Montgomery to utilize the light at 6th Street rather than risk the traffic. Mr. McCaslin stated at the present time trucks use Montgomery as an exit. It concerned him that with a larger store it would require more trucks to deliver goods. He felt the 75 foot emergency exit was quite wide for pedestrian use. He felt what was being proposed could be used as an escape for cars or trucks. Mr. ~llin~ham displayed a map showing the area to be vacated on Montgomery and pointed out it is clearly for a pedestrian oriented emergency egress from below the grade of Montgomery Avenue up to Montgomery and is not for freight loading. Mr. MoC&sl~n questioned if parking on both sides of Montgomery would continue? Mr. Allin~ham stated trucks backing onto Montgomery would slow traffic down until they moved back down to the loading dock. Dan Eisses, Senior Engineer, emphasized what is being proposed are still preliminary plans and a meeting with the neighborhoods is scheduled for February 15, where traffic flow issues can be addressed. The right-of-way vacation on Montgomery is a sliver (4 feet. wide) and is needed as a safety exit for personnel only. The Engineering's opinion on the truck access is that 11th and Montgomery is as busy as 11th Street and they do not want the trucks exiting on 11th Street, nor does Safeway. It is his understanding that presently trucks head south when exiting and they will continue to use that route. Mr. McCaslin stated he sees truck traffic going north on Montgomery every day. He was surprised that a traffic survey has not been taken on Montgomery to assess the impact on the residents living in that area. Mitchell Johnson, Architect with Safeway Inc.., stated as some background on the emergency exit and why they are requesting the right-of-way vacation, this is basically where they are providing for the ADA Federal Code and Washington State UBC Code for required fire exiting. Mr. Overson stated it appears there is no access for normal customer traffic onto Montgomery. Mr. Johnson stated that is correct. Mr. Overson stated based on that aspect he would expect the neighborhood to be applauding loudly. Mr. Johnson stated he would think so. Jack Lefcoski, W. Kitsap Lake Road, suggested that a no left turn sign be posted so that trucks would not be allowed to travel north on Montgomery. %0410 M/S/C/U(Overson/Neville) to approve ordinance, on first reading, vacating a portion of the west side of Montgomery Avenue 48 feet north of 9th Street. TAPE #1176 City Council Reg. Mtg. Minutes February 9, 1994 Page 14 of 14 #0438 M/S/C/U(Overson/Farr) to approve ordinance, on first reading, vacating of the alley-ways within the block bound by Callow Avenue and Montgomery Avenue between 9th Street and 11th Street. With no further business meeting adjourned at 7:38 P.M.. KAT~LEEN L. McCLUSKEY, City Clef/ EILEEN FITZ, Couflc~resident City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault