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HomeMy WebLinkAbout11/04/92TAPE #1068 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES NOVEMBER 4, 1992 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, November 4, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin, Russ Johnson and Hank Waibel. Also present were City Attorney Ian Sievers and Acting City Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Councilman A1 Colvin. #0037 #0054 CONSENT AGENDA None CLAIMS/WARRANT 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/Dawkins) on November 4, 1992, the Council does approve for payment those vouchers included and further described as follows: 159428 through 159582 in the amount of $238,097.24 with the proviso that the City Treasurer will check on the two checks referenced by Councilman Johnson; and Retirees Payroll for the period ending October 31, 1992, in the amount of $91,319.32. M/S/C(Johnson/Collins) an amendment to the motion to withhold payment of Olympic Bottled Water bill until further review. Vote on amendment to the motion: In Favor: Overson, Neville, Collins, Dawkins, Johnson Opposed: Fitz, Horton Abstain: Waibel, Colvin Motion carried. Vote on main motion: Unanimous vote. TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 2 of 19 COUNCIL MEMBER REPORTS Mr. Johnson congratulated all participants in the various election campaigns. He noted Brem-Air Disposal will accept political signs and posters, at no charge, at their drop box stations at Olalla, Silverdale and Olympic View Landfill. Mr. Colvin congratulated all participants in the election...winners and losers alike for participating in the democratic process. Mr. Dawkins congratulated all the voters who turned out for the election. Mr. Collins wished all the winners "good luck". Mr. Neville thanked all the people who participated in the all-City Halloween Party. He and his family enjoyed working on this event. He extended a special "thank you" to all the people who worked at the election polls. Mr. Waibel reported he had been contacted by several individuals expressing concern about the landscaping and embankment protection between the Middle School construction and the neighborhood. It is his understanding that the landscaping plan presented in the public hearings is not the site plan approved by the Planning Commission. He would review this issue further. President Hotton reported she attended the Kitsap Regional Planning Council (KRPC) and various board meetings for the County this date. During that meeting, they received an update from representatives to the Puget Sound Planning Council (PSPC). An announcement was made that starting next month the minutes of the PSPC meetings will be included in the KRPC Agenda. On Tuesday, November 3, she attended a luncheon at PSNS Supply Center where they celebrated the Center's 25th Anniversary. Lastly, she wished the new incoming elected officials "good luck". PUBLIC RECOGNITION Mayor Louis Mentor read the following Proclamation: 1. Week of November 8-14 1992, as WOMEN'S VETERAN WEEK. Bob Sauter, RET SGT.Major VFWPost 3694, accepted the Proclamation. on behalf of women in military services. A copy of the Proclamation will be forwarded to Washington, D.C. to the President of Women Military Service Memorial Foundation to be placed in the archives at Arlington Cemetery. Mayor Mentor displayed a "Pendergast Regional Park" TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 3 of 19 sweatshirt, which will be available for sale at the Sheridan Parks Recreation Center. He congratulated all the citizens for passing the City's drug/gang levy on Tuesday. He felt this made a great statement that the citizens of Bremerton are very concerned. He thanked Phil Olwell and Otto Speith, who chaired the Committee and all others who volunteered to promote the levy. He also extended a special "thank you" to the City's Fire and Police Departments for their efforts in promoting and supporting the levy. He participated in the all-City Halloween Party, appearing as Frankenstein. He announced Brem-Air Disposal, Inc. will accept campaign signs and posters at their Sheldon Blvd. facility. In July he received an invitation from the College Of Environmental Design at University Of California/Berkeley to attend the third meeting of the Mayor's Institute For City Design West in Berkeley, California. The objective of the Institute is to broaden the prospective of both Mayors and Urban Designers by discussing the Mayor's role in the urban design process. Each year approximately eight Mayors from across the western United States are invited to attend together with a comparable number of outstanding Design professionals from around the Country. He has accepted this invitation and was pleased to announce that it is an all-expense paid trip. Bob Sauter, VFW Post 3694/Auxiliary, extended an invitation to the City Council members, Mayor and citizens of Bremerton to attend the Veteran Day Assemblies to be held at various schools throughout the City. On Friday, November 6, there will be two Veterans' Day Assemblies at Olympic View Elementary School at 9:20 AM and 10:30 AM. On November 5 a similar assembly was held at View Ridge Elementary School. Other assemblies are scheduled for Armin Jahr Elementary School and Sunnyslope Elementary School. ~And, he extended another invitation to the Veterans' Day Memorial Service at the Retsil Veterans Home, 10:00 AM. Don Atkinson, Executive Director Bremerton Main Street Association, announced they are co-sponsoring, along with the City and Chamber Of Commerce, a program on November 12, 7:30 AM, at Melody Lane Restaurant. The intent of that meeting is to give the business community or community at large a first hand update on the matters of violent crime, gang and drug activities. Police Chief Del McNeal will lead the discussion at this meeting. As a part of this program, Main Street will give a progress report on a "lighting" effort they have had underway during the past six weeks. Steve Sturlau~son, 2349 Trenton Avenue, expressed concern over landscaping activities currently underway at the Middle TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 4 of 19 School. When the proposal came about for building the Bremerton Middle School, there was a plan submitted by the architects for the re-landscaping of that area. That landscaping included a mix of Conifers, Douglas Firs, Silver Firs and Norway Spruce. It also included shrubbery regrowth of Red Elderberry, Snowberry, Cascade Oregon Grape and Salal. It was learned on Monday, November 2, through the Building Department and through Richard Best that the plans had been switched during the approval of the Building Permits for that site and that the plan the Bremerton School Superintendent has and the one that the Building Department has is not the original plan that was approved or proposed. There was to be ground cover applied of hydro seed supplied by Weyerhaeuser and prior to its being applied there was to be top soil applied to the glacial fill that was used on site for building a 55 foot bank on the alley adjacent to Trenton Avenue. When Mr. Sturlaugson talked to the contractors on site they said that the landfill top soil was not to be applied, they did not have time. The erosion from September of this year, which presented one foot+ deep erosions into the landfill, were not corrected or re-backfilled, nor was top soil applied prior to hydro seeding. He requested the City Council meet with the Planning Department and apply some type of pressure to review the contracts that were given to the Middle School contractors on how the plans were switched and why the plans that were originally proposed were not complied with. President Hotton requested the City Attorney to look into not only this instance, but others as well where what was approved had apparently not gone into effect. Councilman Neville has another zoning issue concern and she felt Council needed some response back from the Planning Department and Mayor's office as to what exactly has happened. There does appear to be some direct conflict with the City's Zoning Ordinances and City rules and regulations. Mr. Johnson noted this had happened more than once and wanted to make sure that when land use decisions are made there are some very severe penalties imposed if someone "cuts corners" later on. Mr. Waibel stated what seems to be happening is that a beautiful presentation is made during the open meetings and hearings but that is not what has been presented at the time of final permitting. Mr. Johnson stated he would like to see some language in these decisions that will guarantee enforcement. President Hotton requested a response from the City Attorney within the week, especially if work is currently going on at the Middle School. Mr. Waibel stated there is some real potential for erosion damage. Gordy Byrd, P.O. Box 930, reported on the successful Halloween event held at the Kitsap Mall. He urged the public to support TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 5 of 19 local food banks and other charitable organizations during the holiday season. Don Larson, President Kitsap Diving Association, stated he has been working on an underwater park project for the past two years. The Washington Scuba Alliance group has been formed and involves eight Dive Clubs plus some individual members. One of the things this group is planning for next spring is to work withAmerican Oceans Campaign out of California. As part of working with that group, Mr. Larson submitted a recommendation to schedule an event, at the First Street Dock, which will be discussed at the Washington Scuba Alliance meeting on December 7, 1992, 7:00 P.M., at the Wheelhouse Restaurant. Today, he received a letter from the Department Of Ecology (DOE) saying they could not be a lead agency for an underwater park proposal, but they would be willing to work with a local government on items that are under their jurisdiction. They also indicated the Dive Club could get a grant by working with a local government. The Alliance group was recently contacted by a firm out of Port Angeles about the possibility of making an artificial reef out of recycled glass. He passed on to the Council the letter from DOE and requested that it be forwarded to the Parks Commission. He did receive a letter from the Parks Commission questioning how to proceed in development of an artificial reef project. Mr. Larson preferred the idea of using an old ship for an artificial reef. Roy McInnis, 2711 Maple Street, stated he definitely was not against some method of providing funding for additional policing and he was present at a Council Study Session when the issue of a Law Enforcement Levy came up. He questioned if the citizens of Bremerton are aware that the need for this type of additional funding is not something that will go away after one year. He emphasized it will be the Council's responsibility to closely monitor and insure the levy produced dollars are specifically used for the purpose it is being collected. There have been many cities across America that funded programs to fight crime, drugs and gang activities and a one-year funded program will not rid an area of such activity. He was not too sure that a 6-8 man unit will be enough force against such activity. It will take unity within the community along with law enforcement agencies to make any progress against such crimes. President Hotton stated the Mayor's proposed 1993 budget reflects the Law Enforcement Levy funding randomly within the Police Department budget. She did talk with the City Treasurer about pulling those dollars out and establishing a special fund so they can be tracked as to how they are spent. At this point in time, the tenure of the TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 6 of 19 City Council is to make sure Council can track those funds and see that they are spent on what the voters approved. 8A - PUBLIC HEARING: MAYOR'S PROPOSED 1993 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT RECOMMENDATIONS, #AB92-272 Each year the Mayor submits recommendations for use of Community Development Block Grant (CDBG) funds to the City Council for consideration and public hearing. These recommendations are based on an application process open to the public and applicant interviews conducted by the Mayor's CDBG Advisory Committee and City Staff. City Council review and approval of the annual CDBG Program is required prior to the City submitting its annual application to HUD. President Horton noted Mr. Waibel stepped down from this issue. Mayor Louis Mentor stated he was pleased to present the 1993 CDBG Program recommendations to the City Council. These recommendations reflect the Advisory's recommendations to him based upon their review of the proposals and interviews with each project applicant. The Advisory Committee members are Anna Laurie, John Helck, Cecila Beamish and Laura Flanigan. Twenty one applications for nearly $800,000 were submitted and only $496,480 is available for project in 1993. If the City had received sufficient funds, all projects submitted would have been funded because they were all good projects. He also mentioned that Kitsap County will be an entitlement County for CDBG in 1993. This means that Bremerton will give up its CDBG entitlement status, which allow the County to receive approximately 1.5 million dollars that will be split up throughout the County. Today, at the Kitsap Regional Planning Council, the Kitsap County Commissioners and other Mayors unanimously agreed that Bremerton's 1993 program will be honored. These groups are also unanimous that Bremerton, with the experience over the past 10 years, will administer the County-wide program. Carol Dickinson, Development Manager, stated the City has approximately $496,000 that will be allocated toward 1993 projects. That figure is based on an entitlement estimate of $400,000 from the Federal Government plus $96,000 in reprogrammed funds from this past year. The majority of those funds were in rehab loan repayments. Out of the City's entitlement, the City is allowed to use 15% TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 7 of 19 or $60,000 for social services and those funds have been allocated. In addition, the City is allowed to use up to $80,000 for planning and administration activity. both of those funds go to pay for staff and direct activities related to administering the Block Grant programming compiling with the 20-years worth of regulations and interpretations and reports that are written. In addition, $10,000 will be used for a planning element related to the Growth Management Plan and housing. The City is allowed to use some funding for capital projects, the bulk of which must go to projects that directly benefit low income people...primarily housing projects. The $96,000 that was generated in program income - due to a change in the Block Grant rules adopted by Congress last year, are available, up to 15% of that amount, for social services as well. She stressed staff listened very closely to what Council stated during the 1992 Block Grant hearings that it was desired to have some social service monies directed to projects that would provide intervention or prevention services to people so that they would not fall out of the safety net and end up on the street or totally without food. The 15% of program income monies have been directed to intervention/prevention services per Council's suggestion. The remaining amount of those funds have been allocated to projects that fit the direct benefit category. Therefore, the City is in compliance with Congressional mandates as to what types of projects and how much money can be spent on different activities. As the Mayor stated, if the City had adequate funding all projects submitted would have been funded. She stressed how important a role the Advisory Committee plays in this process. Mr. Johnson questioned if the City would have program income in the future.? Ms. Dioklnson stated in the future the City will have program income that will be added to the County-wide allocation. Mr. Johnson questioned if the City would still retain control of the program income? Ms. Dickinson stated that was correct. There are many steps to be taken to get the County-wide program started and she will be discussing this with each of the Council Committees. She found it very gratifying that the County Commissioners and other Mayors gave their support for Bremerton to manage the program. President Hotton emphasized the City of Bremerton will be handling the administration of the Block Grant Program, but the function currently carried out by Council will be turned over to Kitsap Regional Planning Council. Mr. Johnson stated he understood what was being stated, however, program income was City of Bremerton money. He did not want City assets to get mixed up with the new proposed process. Ms. Diokinson stated Block Grant money is Block Grant money and by virtue of the City TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 8 of 19 giving up its entitlement status it also gives up the claim to specifically and separately control program income. Those program income funds generated will go on top of the County- wide entitlement to be allocated. President Hotton pointed out past Block Grant allocations will still need to be managed and controlled and Ms. Dickinson will have that responsibility. SUMMARY OF MAYORwS 1993 CDBG RECOMMENDATIONS SOCIAL/PUBLIC SERVICES (15% of $400,000) (15% OF Program Income) REOUESTED RECOMMENDED Dispute Resolution Center Lutheran Social Services KCAP-Homeless Mgmt. Community Clinic Literacy Council Bremerton Foodline Chuckwagon Meals YWCA Alive Shelter Project Family $13,785 9,000 $ 8,000 38,000 12,265 (Continued) REOUEST 7,700 10,500 39,926 15,110 $168,226 -0- -0- $ 5,000 25,000 7,500 RECOMMENDED 7,700 7,700 14,072 7.500 $74,472 PLANNING AND ADMINISTRATION (20% OF $400.000] DCD Housing Element DCD 1993 CDBG Admin. $ 12,000 $10,000 72,000 70,000 $ 84,000 $80,000 CAPITAL PROJECTS & PROGRAMS $260.000 ENTITLEMENT AND $82,008 PROGRAM INCOME Easter Seals 1993 Housing Admin. KCAP Weatherization 1993 Rehab Loan Program YWCA Rehab Project Community Resource Center Portal At 4th & Washington More Learning Thru Hope $ 30,500 $30,500 68,500 68,500 113,070 113,070 150,000 97,932 10,856 10,856 21,150 21,150 44,000 -0- 53,690 -0- $491,766 $342,008 The following individuals spoke in support of their application for Block Grant Funding: YWCA A.L.I.V.E. Program TAPE #1068 City Council Reg. Mtg. Minutes November 4, 1992 Page 9 of 19 - Judy Bennett, Director as well as Lillian, a client from the ALIVE Shelter; Kitsap Community Action Program/Emergency Housing - Betty Griggs; Hospice - Don Tarbutton, Executive Director; Chuckwagon Meals -Julie Pounds, Executive Director of Bremerton Services Association; Kitsap Sexual Assault Program - Tom Stokes, Child Protective Services, Brenda Barrens, Social Worker/Harrison Hospital, Martha Waistcoat, Director of Kitsap Sex Assault Center; Dispute Resolution Center - Dorothy Lint; Kitsap Community Clinic - Mary Scott; Kitsap Project Family - Karen Thompson; Literacy Council - Helen Achterman, Executive Director; Bremerton Foodline - Dorothy McKenzie, Co-Director; TAPE #1069 Community Resources Center, Reverend Larry Robertson, Emanual Apostolic Church; Kitsap Community Action Weatherization Program - Mary Brewer, Manager Assistant; 4Th Street Portal - Steve Rice, Architect; Learning Thru Hope; Planning/Administration Project( writing the housing element for the City's Comprehensive Plan - Don Pratt, Director Of Community Development; Housing Administration Program - Carol Dickinson, Development Manager. Mr. Collins stated he understood the Hospice request could not be funded under Social Services, but questioned since it was actually for capital improvements to their particular service could it qualify under Capital improvements? Ms. Dickinson stated the Hospice program and service provided is technically defined as a Social Service and although the piece of equipment is "capital" to their budget, it is not considered a capital project per Block Grant rules and definitions. Mr. Collins stressed the same situation exists under KCAP's and YWCA Rehab requests? Ms. Diokinson explained the YWCA Rehab and KCAP's requests would be actual physical improvements to a structure, which is clearly a capital project per definition by Block Grant. Mr. Overson expressed concern over a very large disparity between the request size and percentages allocated under Social Service, particularly when compared with capital projects. He questioned if Ms. Dickinson saw anything in the future where those percentages could be corrected? Ms. Diokinson stated every year she and fellow Block Grant colleagues across the nation implore our Federal representatives to Congress to change the rule and allow spending more than 15% of entitlement towards Social Services. In 1992 they were able to get them to move a little and allow 15% of City program income to be applied toward Social Services. Mr. Overson encouraged Ms. Dickinson to keep that pressure on because the needs in the area of Social Services are too great. He did not understand the large funding for TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 10 of 19 Easter Seals considering the fact they are supported by a lot of organizations. Ms. Dickinson explained actually the Easter Seal Society and the projects they submitted for consideration is not something that is supported by other funds nationwide. Easter Seal Society Of Washington recently won an award because they were the first program and project of their kind to find money to make physical changes to peoples homes to add roll-in showers, lower kitchen sinks, and add ramps to exterior of homes. Mr. Overson pointed out the "description" of the project did not explained it adequately and identified providing for travel, training, project management and personnel costs. Ms. Dickinson explained Easter Seals received Block Grant funding in Kitsap County for the first time last year, which they used to add wheelchair ramps to the front of homes, roll-in showers, etc. They have a waiting. list of people they were not able to serve in 1992, which will more than use the $30,000 they requested for 1993. Mr. Colvinquestioned if Hospice had ever received Block Grant funding? Ms. Dickinson stated Hospice and all the other agencies are all considered eligible and there have been times when they have received Block Grant funding. It is made clear to each applicant because they receive Block Grant funding one year does not guarantee that they'll receive funding the following or subsequent years. President Hotton thanked the Advisory Committee for their deliberations and taking into consideration Council's request voiced last year. If we don't get a handle on the issues before they become problems, we will never mount the charge. She believed intervention and prevention is the best approach. #0563 M/S/C/U(Johnson/Collins) motion to authorize the Mayor to submit to HUD an application for 1993 Community Development Block Grant funds consisting of the projects and allocations approved by same; to authorize the Mayor to accept 1993 Community Development Block Grant funds authorized by HUD; and to authorize the Mayor to execute contracts with Subgrantees for the use of those funds. The City Council further directs the City Treasurer to administratively distribute Community Development Block Grant funds in the 1993 City Budget. Councilman Waibel returned to the Council Chambers. 6A - PROFESSIONAL SERVICES CONTRACT FOR BROKER SERVICES WITH WILLI8 CORROON CORPORATION OF SEATTLE, #AB92-267 The City's existing contract for broker services terminates December 31, 1992. Since ongoing services are necessary for #0682 TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 11 of 19 the City to secure insurance coverage at the lowest possible cost, requests for proposals were solicited in August, 1992. Five proposals were received and the top three firms have been interviewed. The review panel selected Willis Corroon of Seattle as the preferred source for broker services. This firm also submitted the lowest fee quotation of $20,000 per year. PeggyLessor, Risk Manager, stated the contract is designed to replace an existing contract that expires December 31. The City has had a contract with this provider for a number of years. Following a request for proposals and interview process conducted by a panel, a unanimous recommendation was given for Willis Corroon Corporation. She urged Council to approve the contract as presented. Public comment - none. Mr. Dawkins questioned the number of proposals submitted? Ms. Lessor stated six. Mr. Overson stated he had observed some of the interaction between the City and this firm and felt this was an excellent agreement that has worked very well for the City in the past. M/S/C/U(Overson/Neville) motion to approve the professional services agreement with Willis Corroon Corporation of Seattle. 6B - EOUIPMENT RENTAL RESERVE BUDGET ADJUSTMENT FOR PURCHASE OF A STREET SWEEPER, #/%B92-268 The 1992 budget did not include authorization for purchasing a new sweeper. Fleet Maintenance has obtained an "intent to purchase" agreement for our existing 1988 Athey Sweeper for a premium price of $38,000.00 as long as we can deliver within approximately 45 days. Our existing sweeper has sustained high hours and mileage due to extensive use and is now costing us extremely high repair bills. Fleet Maintenance estimates additional repair bills in excess of $7,000.00 within the next 12 months (total cost of repairs for the past 4 years is over $60,000.00). Ken Brees, Public Works Operations Manager, stated for clarification the $7,000 anticipated expenditure did not include the broom cost. The $60,000 over 4 years does include approximately $18,000 for brooms. #0781 TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 12 of 19 Public comment - none. Mrs. Fits stated this was reviewed by Fiscal and Budget Committee and in the presentation she understood the proposed piece of equipment is a different make than what the City currently has. Mr. Brees stated the proposed piece of equipment has some advantages over the City's current vehicle. The water tank on the new equipment would be removable, which would allow for easy repair and/or replacement as well as other improvements made over the past five years. Mr. Overson noted comments from the City Treasurer states that if the old equipment is not replaced at this time it is proposed for replacement in 1993. M/S/C(Overson/Fitz) to adjust Equipment Rental Reserve budget to allow for purchase of a new sweeper. Vote on motion: Motion carried. In Favor: Opposed: Overson, Neville, Fitz, Waibel, Horton, Dawkins, Collins, Johnson Collins 6C - INTERGOVERNMENTAL AGREEMENT TO PURCHASE ONE (1) ELGIN EAGLE F RIGHT SIDE HIGH DUMP 8WEEPER WITH OPTIONS, #AB92-269 The Street Department requests approval for the City of Bremerton to enter into an intergovernmental agreement with the State of Oregon for the purchase of one (1) Elgin Eagle F right side high dump sweeper with options. The cost of this sweeper is not included in the budget, however, Equipment Rental Reserve has adequate funds available. Ken Brees Public Works Operations Manager, stated the City received two quotes from two vendors on existing bids, one for $122,000 and one at $115,000. The City was offered a $30,000 trade-in on the first offer of $122,000. The City has the opportunity to sell the exiting sweeper outright for $38,000 and take advantage of the lower price of $115,000. Mr. Waibel stated the City is not tied into a trade-in but are tied in to getting some money for the existing sweeper. He questioned if it would be a good idea to surplus the equipment as a part of this transaction. Mr. Brees stated yes, it should be part of the process. Mr. Nevillequestioned on the 2-years parts/labor warranty, is this to be serviced out of Oregon? Mr. Brees explained the #0894 #1068 TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 13 of 19 vendor is located in Seattle, however the bid being used originated in the State of Oregon. State law allows the City to utilize other bids. Mr. Neville noted the subject piece of equipment is an American made machine. Public comment - none. M/S/C(Waibel/Overson) to authorize the Mayor to enter into an intergovernmental agreement between the City of Bremerton and the State of Oregon for the purchase of one (1) Elgin Eagle F right side high dump sweeper with options; and to surplus the the existing 1988 Athey Sweeper. Vote on motion: Motion carried. In Favor: Overson, Neville, Fitz, Waibel, Horton, Dawkins, Colvin, Johnson Opposed: Collins 7B - ORDINANCE NO. 4394 (SECOND READING) LEVYING PROPERTY TAXES FOR COLLECTION IN 1993, #AB92-265 Rich Hanna, City Treasurer, explained a revised copy of the Ordinance was provided to Council, which does differ from the Ordinance approved on first reading. This revision was brought about as a result of the voters passing a Law Enforcement Levy increasing property tax revenue in the amount of $450,000, which necessitated increasing the levy Ordinance in the amount of $.41869 per thousand. Public comment - none. M/S/C/U(Waibel/Dawkins) with the addition of the Law Enforcement Levy fund approved by the voters on November 3 and which were to be a part of this Ordinance on first reading and are now included that we pass Ordinance No. 4394 on second reading, levying Municipal Taxes against all the taxable property within the City limits of Bremerton for the year 1992 and approving the assessment roll made by the Assessor of Kitsap County, therefore to be collected in the year 1993. 8B - PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION; NOTICE TO VACATE ILLEGAL USE (JUNKYARD), #AB92-273 A. On August 26, 1992, an administrative order to vacate an illegal use at 2304 15th Street was issued (Exhibit A); B. On August 27, 1992, a request for review of the order to vacate was made (Exhibit B). Subsequent to this request, Findings and Conclusions were issued (Exhibit C); C. On August 27, 1992, an appeal of the Directors decision was filed (Exhibit B); D. The appeal was heard before the Planning Commission on TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 14 of 19 September 15, 1992. The owners submission (Exhibit D), staff report (Exhibit E), and minutes (Exhibit F) are enclosed. The Planning Commission voted to uphold the Director's decision; On September 29, 1992, a request for review and appeal was filed regarding the Planning Commissions actions (Exhibit G). Appeals of Planning Commission actions go before the City Council. The Council has four options: Affirm the Planning Commission decision; Reverse the Planning Commission decision; Modify in whole or in part the Planning Commission decision; or Remand the matter to the Planning Commission for further consideration. The burden of proof is on the appellant. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Don Pratt, Director Of Community Development, stated there has been an element of negotiation taking place just prior to this item coming before Council. He is prepared to agree that before he makes any other finding that a vehicle can be considered as "junk", which is one of the basis for his findings that a junk yard existed at the subject site, he acknowledge that it probably needs to go through a test as to whether or not it is legally operable on City streets· He did not do such a test and he is more than willing to carry out such a test. He will not, however, agree that is the total calling on this site for a junk yard. In the future, if automobile bits and pieces are stored on the site he will act on them regardless of whether or not they are vehicles· On that basis, he did determine this was a junk yard based on 3-4 vehicles. Rex Garland, Attorney representing the property owner, stated it was his understanding that there is an agreement that no operable vehicles will be required to be removed from the subject property· Mr. Pratt emphasized provided the vehicles are legally parked and operable on City Streets· Mr. Garland stressed this issue is not dealing with a parking order· An off-road, high clearance, vehicle should not be a problem· If the Council approves the Director's order to be modified with that agreement, then the issue is resolved to his satisfaction. Ian Sievers, City Attorney, stated the Director can settle this matter by agreeing to modify his Notice to Vacate, which Mr. Pratt has stated and the appellant can TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 15 of 19 withdraw the appeal. President Hotton stated there is still another issue - the matter of shuffling vehicles from the property to the street and from the street back to the property, which has occurred. Some how that issue needs to be addressed. Mr. Pratt stated sometimes enforcement actions come in small isolated steps. There has been discussion with the property owner regarding parking and there have been parking violations within the area. There is partly a question as to sight of distance regarding oversized vehicles being parked on City streets and that issues does before the Traffic Safety Committee on November 5 to determine how that issue can be resolved. There are a series of little steps taking place in that neighborhood. President Hotton questioned if there are vehicles lined along the street, what happens if those vehicles go back on the subject property? Mr. 8ievers stated that apparently will not be resolved through this appeal because this appeal is whether this particular section of the Zoning Ordinance has been violated. President Hotton stated but if there are vehicles that go back on the property in whatever capacity, then what happens? Mr. Sievers if there are other violations, such as storage of vehicles on the street or other Zoning violations for storage or parking of an excess number of vehicles or parking vehicles in front yard, those violations will have to be cited and started in a separate process. Mr. Waibel questioned if the subject site had a Business zone? Mr. Pratt stated the subject property is zoned residential and the owner has established the continuing non-conforming use of automotive repair shop on the site. President Hotton restated there were vehicles on the site and now there are a lot of vehicles parked along the street. She questioned what happens if those same vehicles go back on the site? Mr. Pratt stated if they go back on the site and are parked out of the setbacks and they are operable on City streets or if off-road vehicles are stored in the right places in yards, then those vehicles will not be classified as junk. President Hotton stated she was under the impression under the Zoning Ordinance that the City was not allowing vehicles to be parked in front or side yard setback unless it was a driveway or appropriate appurtenant. Mr. Pratt stated that was correct also, we can require proper surfacing in order to park vehicles. Mr. Sievers stressed the point of this appeal is that the property owner did not receive a Cease and Desist Order that is appealable or a Notice To Vacate for parking vehicles in the front yard, rather it was for operating a junk yard. He did not believe the City could uphold the Vacation Order because that was not the basis for the Vacation Order. TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 16 of 19 On those additional violations it may well happen tomorrow but is not the basis of the subject order. President Hotton stated for clarification then as long as a vehicle is operable in some fashion it is not considered junk regardless of what the vehicle looks like. Mr. 8ievers stated that is the definition we have for junk yard. The "junk car" ordinance may be the more direct approach to this matter because it has a five step criteria that the Police Department follows. Those five criteria are the same as those used by the State Patrol - legal equipment, operating conditions, more than salvage value, registration, etc. If a vehicle does not meet that check list, then it can be towed by the City off of private property. Mrs. Fitz questioned what about licensing? Mr. Sievers stated that was one of the criteria in the Junk Vehicle Impoundment Ordinance. President Horton stated it appears Council will not be debating the issue whether or not the subject site is a junk yard. But, she alerted Mr. Pratt, Mr. Sievers and Mayor Mentor that this is a problem area and she was sorry that the owner had not been a good neighbor. She believed it behooves the City of Bremerton to address this issue and make sure that the property owner is a good neighbor as it is not fair to the surrounding neighbors nor the rest of the citizens of Bremerton. Mr. Waibel questioned if the property owner had property City business license, proper parking, etc? Mr. Pratt stated he could answer "yes" to most of those concerns and several of those issues were key when they were debated a year ago on a similar notice on this site. President Hotton stressed there may be no recourse on this issue, but she is extending a personal appeal to the owner - clean it up! Mr. Collins questioned if this business would withstand a Puget Sound Air Pollution Control inspection? Mr. Pratt stated he could not answer that question. There are numerous regulations and ordinance that any business or use is required to adhere to and he can only hope he has done each and every one for this business and if not he will strive to do so. Mr. Overson questioned why three traffic collision reports were included in the documentation provided to Council? Mr. Garland stated they were included to illustrate that a vehicle that is considered not very pretty could have become that way due to very serious speeding problems in the location of the subject property that resulted in damage to the subject vehicles. He emphasized the subject vehicles were parked and smashed into by people speeding down 15th Street and it causes the vehicles to look very bad. Mr. Overson questioned if TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 17 of 19 other people parking along that section of street experienced accidents as well? Mr. Garland stated he was aware that other people residing in that area have complained about the speeding and safety on 15th Street. Mr. Overson pointed out there were no other substantiating reports included in the Agenda packet. Mr. Johnson stated maybe that section of street should be posted "No Parking". Mr. Garland related an incident in the subject area where a school bus stopped and a motorist in haste sped by it, treating it like a thoroughfare. President Hotton stated 15th Street is a thoroughfare - it is specifically for a thoroughfare to facilitate the 13th Street by-pass by Olympic College. She suspected there should not be any parking on that street and maybe that should be a recommendation to the Traffic Safety Committee. Mr. Johnson requested the Traffic Safety Committee and Risk Manager be notified to look into that situation so that the City is not causing a liability. Mr. Pratt emphasized there is no action - the appeal has been withdrawn. President Hotton called an Executive Session at 8:15 P.M., in the Council Conference Room. The topic discussed was "real estate". Council returned to Council Chambers at 8:30 P.M. 6D - TO CONSIDER A LETTER OF INTENT FOR ANNEXATION OF THE HASELWOODANNEXATION AREA INTO THE JURISDICTION OF THE CITY OF BREMERTON, #/~B92-270 This is the initial step using the Petition Process to annex the area designated as the Haselwood Annexation Area into the City of Bremerton. According to the state statutes (RCW 35.13,125) the Council is to determine: 1) 2) 3) Whether the City will accept, reject, or geographically modify the proposed annexation; Whether it will require the simultaneous adoption of a comprehensive plan and land use designations for the area; and Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. Councilman Morrie Dawkins stepped down from this issue. Terrie O,Neill, Municipal Services Coordinator, explained the #1800 #1823 #1860 TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 18 of 19 area proposed for annexation is bordered by the City Limits on two sides. The northern side is bounded by "K" Street, also referred to as Werner Road or Loxie Egans. On the western side of the area is bounded by two lots which front on Union Avenue. South of the proposed site are two large industrial operations and to the east is State Route Three (SR-3). This letter of Intent is the initial step employing the 75% process to annex territory, which is the most commonly used method of annexation. This area consists of 8.6 acres, has one business and no residential population. All utilities are available, including natural gas, sanitary sewer, refuse services, electricity, water and telephone. The assessed value of the annexation area is $1.2 million dollars. Public comment - none. M/S/C/U(Waibel/Fitz) to approve the Notice of Intent. M/S/C/U(Waibel/Johnson) to require simultaneous adoption of land use designations for the area as specified in the West Hills Area Plan, adopted February 8, 1990 as part of the City Comprehensive Plan. M/S/C/U(Waibel/Collins) to require the area to assume a proportional amount of existing City indebtedness. 6E -ANNEXATION AGREEMENT --WEST HILLS BETWEEN HMI/HASELWOOD AND CITY OF BREMERTON, #]~B92-271 The attached agreement is a revision of an agreement earlier entered into by the City of Bremerton and HMI Corporation for the annexation of certain properties situated in the West Hills annexation area and owned by Charles and Joanne Haselwood. That agreement provided that the City would quit claim the Kitsap Mental Health property to the Haselwoods. The revised Annexation Agreement substitutes a cash payment of $106,000 for the transfer of the Kitsap Mental Health property. Councilman Morrie Dawkins stepped down from this issue. Public comment - none. Mrs. Fitz questioned the correct usage of the word "transfer" in the last sentence of the summary statement and whether it should be replaced with "in lieu of"? Ian Sievers stated "in #2040 #2090 TAPE #1069 City Council Reg. Mtg. Minutes November 4, 1992 Page 19 of 19 lieu of" was better language. Mr. Collins questioned if there was some way to state that the $106,000 is equal to the appraised value of the Mental Health property? Mr. Waibel noted it could be part of the record. Mr. 8levers stated that would not be necessary because the payment was in lieu of transferring any ownership in land. Mr. Collins expressed concern that people will ask why did Council take this action. Mr. 8levers emphasized the City is not selling or buying property in this instance, simply making a cash payment the consideration. M/S/C/U(Waibel/Fitz) to approve revised Annexation Agreement. 7A - ORDINANCE NO. 4392 (SECONDREADING), VACATING PORTION8 OF YANTIC AVENUE RIGHT-OF-WAY NORTH OF THE INTERSECTION OF PATTEN AND HARTFORD AVENUES, #AB92-183 Councilmen Morris Dawkins and C. R. "Tiny" Collins stepped down on this issue. Public comment - none. M/S/C/U(Johnson/Colvin) to pass Ordinance No. 4392, on second reading, vacating portions of the Yantic Avenue right-of-way north of the intersection of Patten and Hartford Avenues. With no further business meeting adjourned at 8:40 P.M. k k~~k~- KATHLEEN L. McCL~KEY, City Clerk Ly~~HORJTON~,~ Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault