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.
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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
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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
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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.
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~ ~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
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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.
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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.
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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
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February 9, 1994
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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
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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
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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.
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February 9, 1994
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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
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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.
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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
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