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HomeMy WebLinkAbout08/28/91TAPE #950 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0023 #0063 AUGUST 28, 1991 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, August 28, 1991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, and Russ Johnson. Councilman A1 Colvin was absent Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend Kevan Smith of Silverdale Lutheran Church. Councilman Hank Waibel was not present at the beginning of the meeting. CONSENT AGENDA A. Minutes Of Meeting - August 7, 1991, #AB91-216 B. Minutes Of Meeting - August 14, 1991, #AB91-217 M/S/C/U(Dawkins/Collins) presented. to approve Consent Agenda aS CLAIMS/WARRANT REGISTER8 Vouchers audited and certified by the auditing officer as required by ROW 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. Mr. Overson requested further explanation of check #135287 made out to Silverport Dixieland Band/S150.00. President Morton noted that may be an expense of the Parks Department under "Concerts In The Park" program. Kathleen MoCluskey, City Clerk, stated she was not sure if the City underwrote the entire "concert" program or was co-sponsor of the event. M/S/C/U(Overson/Dawkins) on August 28, 1991, the Council does approve for payment, contingent upon the response to the question on Check #135287, those vouchers included and further described as follows: 135023 through 135025 and 135174 through 135318 in the total amount of $252,529.14; and Retirees TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 2 of 13 Payroll for the period ending August 31, 1991 in the total amount of $54,302.35; COUNCIL MEMBER REPORTS Mr. Overson reported he took an interesting tour along the waterfront this afternoon. He was pleased to see equipment being gathered for the waterfront park project. He noted the contractor was having a challenge getting equipment in because of the number of commuters still using that particular area as a parking lot. Mr. Estes announced future agendas for Bremerton Chamber Roundtable meetings, held every Wednesday 7:30 A.M., at the El~amino Restaurant, and he invited the public to take the opportunity to attend and become knowledgeable about their community. The next Pre-Release Facility tour is scheduled for September 3, and he is inviting members of the press and candidates running for elected offices. Mr. Homing reported on a recent news article about the high cost of parking tickets in Tokyo, Japan. The article described how someone with a large vehicle that was cited for overtime parking could end up with a $1,400.00 ticket. He announced Miss Bremerton, Krista DeBoer, competed this past weekend for the Miss Teen Washington contest and was selected as the Runner Up to Miss Teen Washington. He extended a special "congratulations" to Krista. Mr. Johnson reported he had received more responses to the recent public hearing on solid waste than collectively all other issues since he first joined the Council; and there was not one dissenting comment. The comments were all very positive and encouraging for more effort in the area of recycling. He plans to have a draft of a Litter Control Ordinance to Council within the next few weeks. In reference to a Bremerton Historical Commission, he had been in contact with the State's Historical Preservation Department and was developing an ordinance to implement such a program for Bremerton. He felt the Historical Commission would be another tool the City would have available, such as the Public Corporation Ordinance. Mr. Dawklns reported he attended, along with a number of other City officials, Norm Dicks' annual report to the citizens of Bremerton. Recent reports have given Puget Sound Naval Shipyard a fairly high rating in the United States and things look positive from the Federal level. The Navy is experiencing housing growth problems in this area and this TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 3 of 13 could present a problem for future assignment of Naval personnel. Mr. Collins passed out some flyers advertising an Animal Control sponsored Mobile Pet Vaccination Clinic on September 20, 1991, at Fred Meyer 7-9 P.M. He emphasized the fact that the City has a very extensive program for Animal Control, which is getting better. He encouraged people who have animal problems to call the Hotline. If pets are missing the first place to call is the Hotline. Hotline information will list all animals picked up as well as animals that had to be disposed of. Mr. Collins wished Mayor Mentor a "Happy Birthday". He announced Puget Sound Air Quality Control Agency will hold a public meeting on September 12, 9:00 A.M., in the City Council Chambers. The topics for discussion at this meeting will be wood stoves and burning areas of Kitsap County. Mrs. Hotton reported she attended a meeting on Friday, August 23, at Olympic College regarding the "Two Plus Two" Program. She found it discouraging to hear the State's representative, Barbara Peterson, talk about the assessment of the Olympic Peninsula as far as what needs are for higher education. The whole conversation seemed to indicate that driving to the University of Washington's Branch Campus in Tacoma or travelling to the University Of Washington in Seattle was a viable option for most of the people in this area. And, the definition used for "place bound" was not Ms. Horton's definition or anyone else's attending thatmeeting. The State has invested funding into the University Of Washington's Branch Campus and it is assumed that everyone on the Olympic Peninsula should do everything within their power to support that facility. Unfortunately, if one has a job, children or other confines that preclude one from going to Tacoma or a choice is made to not battle traffic getting there, will probably not be taken into consideration. There are employers in Kitsap County and Olympic Peninsula who are willing to provide funding for classes if the State is willing to provide teachers to staff those classes. There are laboratories and other types of equipment that the private corporations are willing to give to the cluster program and yet the State is reluctant to fund teachers for those programs. She encouraged anyone in the community, who is interested in the Two Plus Two or Graduate program, to write the State, Olympic College, and their Congressman, letting them know of their interest in those higher education classes. Mrs. Horton noted this area should not be penalized because the State made a decision, a few years ago, to place the Branch Campus in Tacoma. TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 4 of 13 PUBLIC RECOGNITION Mayor Mentor invited everyone to the ground breaking ceremony for the overwater park on Tuesday, September 3, 4:00 P.M., on the waterfront. He noted there is a 110 ft. boat moored along side the recreation pier, that belongs to a man from Vancouver, Washington. The boat was originally built in the Puget Sound Naval Shipyard as a submarine tender in 1917. In 1946 it was privately purchased from the Navy and turned into a kind of cruse ship. Mayor Mentor noted the name of the boat is "Dutchess Of Bremerton". The owner is interested in offering cruises from Bremerton to Victoria and is looking for support from the community. Mayor Mentor invited everyone to Bremerton's Blackberry Festival on Sunday, September 1. He listed the activities scheduled for that event, including the National Bathtub Races. A revised racing route has been selected so that the public may view the race from the Recreation Pier. Don Larson,135 Rainier Avenue, President Of Kitsap Diving Association, commented on the following topics: (1) Washington State's Coastweeks activities in September; (2) on September 14, Kitsap Diving Association will provide some educational information on sea life in Sinclair Inlet during the PSNS Centennial celebration; (3) On September 21, 10AM - 5 PM, there will be two slide show presentations at the Kitsap Regional Library (Beneath Puget Sound and Sentimental Journey); (4) Clean Up of Sinclair and Dyes Inlets on October 4th and 5th; (5) Kitsap Diving Club's efforts to develop an underwater park near the Turner Joy. He requested the City Council to consider their sponsorship or involvement in developing an underwater park, and he requested a response as to their decision. 6A - BUILDING DEPARTMENT BUDGET ADJUSTMENT TO ABATE BURLEY PROPERTY, #AB91-218 The Building Department has been actively pursuing the abatement of the Evan Burley property in Auto Center for more than a year. Recently, a negotiated settlement was conceptually agreed to between the City Attorney's office and Mr. Burley's attorney. The eventual outcome will in all probability be that the City will have to do the clean up. We have had some preliminary estimates done which put the clean up at high side at $75,000. This property has been a source of severe complaints from the adjacent business owners in the Auto Center area. There exists a reasonable chance that monies from this clean up could be recovered from the lien process; however, other liens exist and the worst case TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 5 of 13 scenario would be no recourse for recovery. David Nelson, Building Official, explained the subject property was annexed into the City 5-6 years ago and at that time it was under abatement by the County. Approximately one year ago, when he assumed responsibilities of Building Official, it was indicated to him that cleaning up this site was a priority. Efforts to pursue the abatement process has been intensive the past 10+ months, which included an on- site survey. After the survey, the property owner was notified that he had 120 days to clean up the site voluntarily without any action on the City's part. At the end of the 120 day period, no action had been taken, however, Mr. Burley did come in and speak with Mr. Nelson and at that time Mr. Burley was told that the City would proceed with the abatement process. Mr. Burley was encouraged to do whatever he could to remedy the situation. A suit against the property was filed in July. In early August Mr. Nelson met with Mr. Burley and his attorney to discuss an agreement to abate the nuisance, which was conceptually agreed to. The City has an estimate of $75,000 as the cost of carrying out the abatement, which would be used if Mr. Burley did not follow through as agreed. Roy McInnis, 2711 Maple Street, noted the many times he has requested the City to step in and do something about cleaning up the subject site. He strongly urged Council to take a positive action and provide the necessary funding in the event Mr. Burley did not meet the agreement demands. He attends the Sinclair Baptist Church, which borders Mr. Burley's property and about 8 - 9 years ago the church erected an 8 ft. fence to block out the unsightly view of Mr. Burley's property. Mr. Overson questioned if the abatement included both sides of the street? Mr. Nelson stated the original action included both sides of the street, but he was not sure if both sides were listed in the suit that was filed in July. Mr. Overson questioned if there was a way to expand-the area within the suit? Jim McNamara, Assistant City Attorney, stated the reason why only one side of the street is being dealt with is that the Ordinance they are citing allows the City to abate garbage and then place a lien against the property. A definition of "garbage" would include most of the things found on Mr. Burley's property. It would not allow the City to go in and abate the buildings that are located on Mr. Burley's other property and if that were done it would have to be under the "Dangerous Buildings" code. The suit is tailored to address the garbage that is found behind Mr. Burley's residence. Mr. Overson noted there was a statement in a news TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 6 of 13 article quoting a City Attorney indicating a questionable legality on the part of the City to do this. Ian Seivers, City Attorney, stated the legality of this type of clean up is well established in several areas of State law, including junk vehicles, Uniform Code For Abatement Of Dangerous Buildings, a lien for garbage pick up by the City, and urban blight. Mr. Homing questioned when could abatement action start? Mr. Nelson stated negotiations were under way between Mr. Burley's attorney and the City Attorney's Office for Mr. Burley to do the clean up, which is on a schedule basis. If Mr. Burley does not meet that schedule, the City would move in and carry out the clean up. It is hoped that a September 1 start date could be negotiated. Mr. Dawkins questioned if the City had looked to the State or Federal funding of environmental concerns on the site? Mr. Nelson stated the Department of Ecology (DOE) was brought in at the time of the Municipal Survey. After reviewing the situation, they directed that at the time of clean up all containers be gathered to a central point on the property and they would come and dispose of them. They did not discuss whether or not that would be a "free" service to the City. Mr. Dawkins questioned if the City had employees who could handle dangerous materials? Mr. Nelson stated the DOE did not see a real eminent problem that would have to be dealt with. If something is discovered, DOE was willing to join the City in disposal procedures. The City does have such expertise through the City's Fire Marshal's Office. Mr. Johnson questioned the balance of the Real Estate Excise Tax Fund? Kathleen MeCluskey, City Clerk, stated she believed $300-400,000. Mr. Johnson expressed some concern with the statement "reduce ending. funds of $75,000" in the Budget Adjustment. Ms. MoCluskev stated it was recommended that the Real Estate Excise Tax fund be used for this proposal. Mr. Overson explained this point Was discussed during Council's Fiscal and Budget Committee meeting, and it was pointed out there are no ending funds to reduce any more, therefore, funding needs have to be taken out of the heavier funds. The Real Estate Excise Tax 109 Fund fit this type of requirement. Mr. Johnson noted in 1983 the City had a revolving fund for abatements, containing $50-70,000, which was not used very much. Later, at a time when the City was short of funds that particular fund was depleted for other needs. He felt the City had "turned the corner" and that it was time to put that revolving fund back in place so that the Building Official could carry on with abatement procedures. He suggested TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 7 of 13 #1627 removing the reference that funding was not specific to that property and he would rather see it go back replacing the revolving fund. President Morton questioned if there were parameters on the use of Real Estate Excise Tax? Ms. McOluskey stated yes, that fund is for capital improvements and capital construction. She was not sure why the City Treasurer chose that particular fund and whether or not it would be stretching the definition. Don Pratt, Director of Community Development, stated he believed old Real Estate Excise Taxes are eligible and the new ones are not. Ms. McOluskey stated the definition for the old funds is capital and the new fund must be tied to a Capital Improvement Plan. She noted Mr. Overson's comment was accurate and there is no ending cash in the General Fund. And, yes there is a revolving fund of $10,000. Mr. Overson stated there is $17,000 in the revolving fund and the intent is to increase it when funds are available next year. He pointed out the Real Estate Excise Tax fund can be used for local improvements as opposed to the specific words "capital investment". This would allow the opportunity for spending such funds for this purpose. He noted that this proposal was for a "potential" use and there would be time to clearly identify the appropriate fund, thereby not having to delay action on this item M/S/C/U(Johnson/Dawkins) that the City Council support the Building Official's effort to expedite the clean up of the Burley property and direct him to use existing balance in the revolving Abatement account as necessary to get started, that City Council would like to bring the budget request back not later than two weeks to resolve additional funding of the Abatement Revolving Fund. Councilman Hank Waibel joined the meeting at 6:30 P.M. 6B - PARKING GARAGE SECURITY, #AB91-219 Attached is the parking revenue analysis showing the projected annual revenue increase due to rate increases implemented in August. At the request of Council, staff met with a vendor to discuss an access card system. It was determined that the equipment could be placed only at the main entrance, thereby eliminating all parking after hours except to those holding monthly passes. It also is used predominantly for condo parking, employees of the adjacent building, etc. Rarely are access cards used in a public lot where your customer base changes regularly, as it is on a first come first serve basis. TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 8 of 13 The previous recommendation of 7/10/91 is attached. Kathleen MCOluskey, City Clerk, stated the original proposal presented to Council on July 10, was being re-presented as a result of information 'they received on the "Card Access" system. The original proposal included: (1) Close garage at 7:00 PM and reopen at 5:00 AM Monday through Friday (except floors one and two which will remain open). (2) Floors one and two (which remain open) should be available for hourly and daily parking (no monthly) thereby accommodating those attending evening functions in Bremerton or Seattle. The garage can be fully opened for special events, such as Seahawk football games, Armed Forces events, etc. (3) Hire security guard for eight hour shifts, Monday through Friday. Hours to be varied between 5:00 AM and 7:00 PM. Security guard(s) shall be hired and funding factored under the Diamond Parking contract. (4) Diamond Parking staff will secure the gates and doors at 7:00 PM and reopen at 5:00 AM. Cost of the proposal is as follows: Security Guard $1,150/month Gates at pedestrian entrance/exit $20,350.00 and at vehicle entrance/exit Gates to be wrought iron and colored so as to soften look. A Parking Revenue Analysis fact sheet was provided, that showed the impact of the increased parking rates on an annual basis would amount to $64,880. In talking with other parking operators, there are a number of parking garages that close down and are not open 24-hours per day. Similar vandalism type problems were being experienc~ which brought about such closures. Anticipated cost for the remainder approximately $26,000. of 1991 would be Public comment - none. TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 9 of 13 #1873 #2063 Mr. Morning expressed concern that the gating will make the garage ugly and wished there was some way to beautify it. Ms. MoCluskey stated the gating will be colored, which will soften the look and they were also looking at other options that may help beautify the building. Mr. Morning encouraged the Mayor and his staff to allow the "spreading ivy" as it does soften the look of concrete buildings. Mr. Overson stated he would like to see the "Bremerton teal" color used on the garage improvements. Mr. Morning questioned if specifying a specific color, like teal, added to the cost? Ms. McOluskev stated they were informed that certain colors would not add to the cost, however, if it was something special it may cost more. She was not sure if "Bremerton teal" would be included in the basic colors available. Mr. Morning stated he would support and encouraged the negotiation to use "Bremerton teal". M/S/C/U(Overson/Estes) proposed. to approve security measures as President Morton announced Item 7A had been pulled off the Agenda until September 18. Councilman Hank Waibel joined the Council meeting. Mr. Johnson requested the addition of a new item of business: 7B - Proposal for an Underwater Park - Mr. Johnson stated in general an underwater park idea may have some merit. In order to settle the issue, Mr. Johnson suggested forwarding the information packet from Senator Oke, provided by Don Larson, to the Parks Commission and request that they consider the need or appropriateness of such a proposal; and that they forward their recommendation to Council by November 1, 1991. M/S/C(Johnson/Dawkins) to give the information on the underwater park that Mr. Larson provided Council to the Parks Commission and request that they give Council a recommendation what to pursue or not pursue by November 1, 1991. And, if their recommendation is yes, to include it in the appropriate Comprehensive and CIP Plans. Vote: In Favor: Collins, Dawkins, Johnson, Overson, Estes, Horning, Horton Abstain: Waibel Motion passed. TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 10 of 13 Mr. Waibel stated due to his late arrival to Council meeting he wished to give the following Council Member report: Tuesday, August 27 was a sad day for the four host families of the Japanese exchange students, who returned to Japan that date. He emphasized he and his family had one of the most fun and exciting months in their life hosting their exchange student. One of those exciting times was the opportunity to have pictures taken with a number of Seahawk football team members after the game on Friday, August 23. A going away picnic for the students was held on Monday, August 26. He highly recommended to anyone interested in such an experience to get involved next year. 8A - PUBLIC HEARING AND ORDINANCE (FIRST READING) VACATION REOUEST FOR 18T STREET AND APPROVAL OF ANNEXATION AGREEMENT FOR WALKER, #AB91-220 On May 16, 1991, the City of Bremerton and Mildred Sommers petitioned the City for the vacation of the right-of-way of First Street located between the proposed Forrest Avenue and Oyster Bay Avenue. The Planning Commission has held a hearing and has recommended that the Council approve this request. Council is asked to (1) hold a public hearing to accept comments pertaining to the vacation of First Street; (2) approve the annexation agreement for Audrey Walker; (3) approve and pass the ordinance allowing the vacation of the described area. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all members being seated. Terrie Hartson, Municipal Services Coordinator, provided view graphs showing the location of the subject site as lying east of Oyster Bay Avenue, north of the Bremerton Heights Annexation area and south of the proposed site for the City's Public Works complex. The application is a request to vacate 23,400 square feet of an unnamed, undeveloped right-of-way in order to provide additional site area for the proposed Public Works complex. The proposed use of this area would be a storage facility, which would lie in the current right-of-way. The site was proposed and dedicated as a right-of-way in 1908, but no improvements were ever made. Due to deep crevices and gullies, City Engineers doubt that it would ever be appropriate to become a road. The vacation was carried over to Forrest Drive, which was also an unimproved right-of-way. Forrest Drive had never been improved and no plans are being formulated to do so, but it may have some public use potential in the future as a public access, nature trail or TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 11 of 13 #2438 #2469 bicycle path. Notice of the vacation of right-of-way was sent out to all residents within 250 feet of the subject site, including Westpark and the Vocational School. No negative comments had been received. The right-of-way is sixty feet wide. The division of the right-of-way is proposed in the following way: thirty foot to each side, the City of Bremerton and the two private parcels; pursuant to RCW the owners (Sommers, Walker) need to repay the City for at least half of the market value of this property; Sommers and Walker, both widows, have agreed to convey half of their portions of the right-of-way back to the City as payment of the remaining 15 feet. If annexation was not being proposed, the 15 foot right-of-way would be adjoined to a County lot. Public comment - none. Mr. Johnson questioned if the giving of the property to Mrs. Sommers and Mrs. Walker conforms with the City's surplus rules and within legal bounds of giving something of value away? Ian Sievers, City Attorney, stated there was no gift involved and because it is a street vacation and by state law the adjacent property owner has that entitlement and such action has nothing to do with surplusing laws. Mr. Estes questioned if there was any way anyone could get hurt if this transaction is approved? Ms. Hartson explained Mrs. Sommers does use the dirt driveway in the 1st Street right-of-way as a driveway and that was taken into consideration in Mrs. Sommers' agreement, which Council approved during the 10% Annexation hearing, giving her an easement over the City's lot. Mrs. Sommers also had some buildings that were on the right-of-way that would have had to be moved if the City developed First Street as a right-of-way, therefore, she is benefitting from the vacation process. In regard to Mrs. Walker's property, the right-of-way vacation will give her an additional 15 ft. buffer of greenbelt from the Public Works complex. M/S/C/U(Waibel/Estes) to approve the annexation agreement for Audrey Walker. M/S/C/U(Waibel/Horning) to approve ordinance, on first reading, vacating portions of First Street abutting Block #1 of the Bremerton Heights Plat. TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 12 of 13 8B - PUBLIC HEARING -ON A 75% PETITION AND ORDINANCE (FIRST READING) TO ANNEX THE 8.12 ACRE BREMERTON HEIGHTS, #AB91-221 On May 15, 1991, the City Council gave its tentative approval to the Bremerton Heights annexation; voted in favor of Provisional Zoning and required the new residents to assume their proportional share of the City's indebtedness. The owners of 15 of the 22 lots in this area, comprising of more than 75% of the total assessed value, have submitted their proposal to annex. The Council is asked to (1) hold public hearing to accept comments pertaining to the annexation and related matters; (2) to make a final determination of the annexation. Terrie Hartson, Municipal Services Coordinator, pointed out the location of the Annexation Area is north of Arsenal, south of Kitsap Way and across the street from Westpark ( a one block area). There are 22 lots, with 14 separate owners, within the Annexation Area and 10 of those have agreed to this annexation in the form of limited Power of Attorney For Consent. The annexation of this area will benefit the residential neighborhood by the close proximity of the City's Fire Station and Paramedic Service, reduced water rates and other improved services. Ms. Hartson noted currently that area is served by Fire District 7, located in South Kitsap, through a contract with District 8 for fire fighting aid and paramedic service. Kitsap County's zoning for the Annexation Area is R-5MH and during the 10% annexation process the City Council approved provisional zoning, which allows the City 60 days to place final zoning. The SF-2 Zoning designation was selected as the closest match to the County's R-5MH zoning. Public comment - none. Mr. Waibel questioned if the Walkers Agreement was a part of the necessary number of properties for the 75% petiton and if having just approved that agreement, was there enough time for it to go into effect? Ian Sievers, City Attorney, stated the Agreement would be in effect because there was no need for a notification process and the City does have the authorized signature of that party at this time, which then becomes part of the petition. He emphasized the notice requirement was under the 10% petition process, which had already been approved by Council. TAPE #950 City Council Reg. Mtg. Minutes August 28, 1991 Page 13 of 13 #2725 #2750 Mr. Overson noted 2.24% of the annexation area is owned by the City and questioned why it was included in this annexation proposal? Ms. Hartson explained the City recently purchased that property and the objective of this annexation was to bring that property into the City. It could have been proposed as a Municipal Annexation, however, in order to not create an island of County property the 75% Petition process was used. Mr. Overson pointed out for the benefit of the public - City boundaries are established by an ordinance process as opposed to procurement or any other process. M/S/C/U(Waibel/Dawkins) to approve the annexation petition of the areas designated as Bremerton Heights. M//S/C/U(Waibel/Horning) to approve ordinance, on first reading, annexing approximately 8.12 acres described as'Block One Plat of Bremerton Heights into the City of Bremerton and fixing the effective date of annexation. With no further busines meeting adjourned at 7:05 PM. lerk LY~~HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault