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Home My WebLink About03/04/87TAP~ #431 CITY COUNCILMMETIN6 MINOTES ~d~ March 4, 1987 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, March 4, 1987, 5:30 p.m. with Council President Spencer Homing presiding. Council Members present were Lon Overson, Morris Dawktns, Marry Crutcher, Hank Waibel, "Tiny" Collins, Mary Lou Long and A1Colvin. Also present were City Attorney Ian Sisvats and Deputy Clerk Gil Johnson. Absent was Russ Johnson. The meeting opened with the Pledge of Allegiance led by President Horninc with Chaplin Ben Belcher, Harrison Hospital giving the Invocation. CONSENT AGMNDA Item #A - Minutes of February 24, 1987, #AB87-063; Item #B - Change Order No. 2, Naval Avenue - Gregory to Sixth, Warren Avenue - Burwell to Sixth; Con- tract No. 2588, #AB87-064 #0045 · M/S/C/U/(Waibel/Dawkins) to approve the Consent Agenda as presented. CLAIMS/WARRANTS REGISTER Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by ROW 42.24.090, have been recorded on a listing which has been made available to the Council. #0053 · M/S/C/U/(Collins/Colvin) on March 4, 1987, the Council does approve for payment those vouchers included and further described as follows; Retirees Payroll in the total amount of $46,676.40. #0077 · M/S/C/U/(Dawkins/Crutcher) on March 4, 1987, the Council does approve for payment those vouchers included and further described as follows; Regular Gross Payroll vouchers in the total amount of $270,269.65. #0083 · M/S/C/U/(Colvin/Collins) on March 4, 1987, the Council does approve for payment those vouchers included and further described as follows; Regular Warrants, #28217 - #28340, in the total amount of $249,971.41 and Pre-Written Warrants, #28209 - #28211, in the total amount of $441,328.83. COUNCIL MEMBER REPORTS Ms. Long reported (1) attending the Puget Sound Sub-Regional Council this morning with Mr. Hornin~, Mr. Waibel and Mayor Lobe. Of note was the Health Department's presentation and film on AIDS; (2) Ms. Lonu artended some of the activities of "Black History Month" (February). Mr. Collins announced that ~he future Kitsap County "Transportation Plan" will be unveiled Monday,. March 9, 1987. Scheduling includes an Open House from 3:00 p.m. - 6:00 p.m. and an Open Meeting commencing at 6:00 p.m. with representatives from Staff, guests from Council of Governments and elected officials present to take input from the public on questions and concerns. He invited constituents to attend. Mr. Waibel stated he artended his first Puget Sound Governmental Council meeting today and found the meetings informative, including Annual reports from various agencies TAPE #431 ' City Council ._~g. Mtg. Minutes March 4, 1987 Page 2 of 8 ~ · being presented at this time of year, Mr, Crutcher reported his attendance at Kitsap Community Action Program last Thursday at its regularly scheduled meeting. He. addressed the needs of the communlty's senior citizens and stated the committee would welcome any help in 'the form of contributions of time, money or goods to assist this program. He also thanked Mr. Roy McInnis, who was in attendance, for his participation in Black History Month. Mr. Dawkins stated he artended the welcoming celebration of the replica of the "Sir Francis Drake" (Golden Hiede) which is paying a two-week port call in Bremerton. He added that the Visitor'e & Convention Bureau should be commended for arranging the tours. To date they have over 6,000 individuals signed up to take the tours. Mr. Dawkins felt if the City could acquire a Navy vessel, it would draw similar tourists trade. Mr. Hornina said (1) he also participated in the welcoming committee.' (2) He reported on the Puget Sound Governmental Council meeting which announced the "Enhanced 911" system is scheduled to be implemented in November of this year. in addition,'the Emergency Management operation for the County has recently purchased an older home which will be remodeled for offices and its operation. (3) Announced that the Association of Sub-Regional Councils will be meeting in the latter part of March and encouraged fellow council Members to attend these sessions in Seattle which membership assessments will be addressed. If Bremerton and Kitsap County are not present the concerns regarding pro-rating the local assessment will not be heard. (4) Reported the interchange at Highways #3 and #304 will take place with minor modif"cations in the City'$ favor· Mr. Colvin announced, (1) meeting with local Legislators in Olympia thiu past week. He felt it was both interesting and informative. Issues discussed were (A) Tort Reform; (B) Impact of U.S.S.Nimitz on Bremerton. Officials suggested that the City contact Congressman Norm Dicks and Senators Evans and Adame in hopes of obtaining financial relief due to impact on services provided by the City such as Police and Fire; (C) Self-Insurance was discussed with concerns regarding retired public employee who now are afforded health premiums/coverage equal to those presently employed; (D) A continual effort by lobbyists to legalize mobile homes in Residential One (R1) zoning. PUBLIC RJ~COGNITION Mr, St~ Christensen, 419 Plum, reminded Council he would like answers to questions he asked at last weeks Council meeting. Mr. Phil ~couin, 103 Olympic Avenue, Representing the "Busy Hands - peratton Clean-Up" committee. He submitted a report of.'activities up through the end of February with a copy provided each Council member and the Mayor. He stated he had the opportunity to tour the "Go/den Hetde" and took advantage of the new Naval Ships Museum and visited the new facilities of the Visitor's & Convention Bureau. Mr. Drouin felt it was a vast improvement over since new owners of the building have remodeled and clean up the area. He spoke regarding a "positive" daily approach to both the clean-up effort and also the pride in the community of Bremerton. He would like to see. more advertising by the City noting that Bremerton is a great place to live and retire. Mr. Roy MCInnis, 2711 Maple, reported a continuing problem for the property owners next door to 440 Union Avenue TAPE #431 ' City Council ~g. Mtg. Minutes March 4, 1987 Page 3 of 8 He ! stated it is unclear what (Sinclair Baptist Church). sections of the property are in the City and which are County. There is a house, in the process of being moved, and debris and garbage surrounding the area is starting to draw rats. He requested the City check into the problem and see if something could be done. Mr. Jim Strait, 6530 Hat'low Drive/Pres.Kitsap Lake Neighborhood Association, stated this property was ~n the Kitsap Lake Neighborhood and Mr. McInnis was correct that it lies partially in the City and partially in the County. He suggested that the complaint be turned over to the City Attorney for research and follow-up. #0887 APPOINTMENT OF BRKMERTON MUNICIPAL COURT JUDGE - ROY A.H.RAINEY, #AB87-065 There is an opening in the City of Bremerton for Municipal Court Judge and Mayor Gene Lobe presented Mr. Roy A.H.Rainey, after final selection/interview process was completed, for confirmation by City Council. Mayor Lobe gave an overview of Mr. RaineV's qualifications as to education and legal background and noted he is from Kitsap County. Further Mr. Rainey has several years both defending and prosecuting through Bremerton Municipal Court and presently holds a contract with the City for the defense of indigents. If confirmed Mr. RaineV's contract will cease with the City and in order to satisfy Mr. RaineV's present commitments, he would not be available to fill the' Judgeship until sometime in May. Council members had an opportunity to privately interview Mr. RalneV at an earlier date. s M/S/C/U/(Colvin/Crutcher) to confirm the appointment of Mr. Roy A. H. RaineV to the position of Municipal Court Judge for the City of Bremerton. Mr. RaineV thanked the Mayor and Council Members for the trust and confidence extended and his endorsement. He introduced his wife Carol and children Daniel and Andrew. In addition he introduced his law staff. CLAIMS SERVICE CONTRACT COEROON & BLACK MANAGEMENT, INC. #AB87-066 Due to the problems in the insurance market place, the City elected to become self-insured-in 1985, within the scope of the London All Lines Aggregate policy. This policy required the City to utilize Corroon & Black Management, Inc., as a service organization to investigate, settle, or defend claims, maintain records, furnish inspection and safety engineering services and' provide monthly claims reports. Corroon & Black has been performing these duties in a competent fashion since February 1, 1985. Ms. PeC~y Lesser, Risk Manager, stated at the recommendation of our insurance broker, the London All Lines Aggregate policy was renewed for the period of February 1, 1987, through January 1988, with the continuing requirement for claims services provided by Corroon & Black Management, Inc. Through continued negotiations, these services would be provided at a cost of $22,500. Mr. Colvin and Mr. Dawkins asked success ratio since we begin using Corroon a Black with Ms. Lessor reporting two less claims during 1986 for the same period in 1985. She stated the insurance itself is at a Cost Of $440,000 for the liability program. #1170 · M/S/C/U/(Dawkins/Collins) to approve the Claims Service Con- tract between the City of Bremerton and Corroon a Black Management, Inc. for the period of February 1, 1987, through January 31, 1988. FUND 106 ADJUSTMENTS TO US/HUD PROJECT BALANCES AND FY8? TAPE #431 - City Council .g. Mtg. Mintues March 4, 1987 Page 4 of 8 BUDGET, ~AB87-067 Mr. Don Pratt, Planning Director gave Staff report which outline necessary changes in Fund 106 balances due to a recent Audit of the Community Development Block Grant Program. Recommendations are: 1. Adjustments are needed in Project Balances recovered and Project Budget overruns which occurred without specific notice to and/or explicit approval of City Council. 2. US/HUD 1984 Housing Rehabilitation Loan funds were overdrawn from US/HUD. City Council may: (a) Reprogram unexpended 1984 US/HUD project alloca- tions to cover the overdraft; (b) Refund $?8,6?9.85 to US/HUD from the current Revolving Loan Account (Balance: $90,?93); (c) Require the General Fund to reimburse the US/HUD program for unauthorized project overruns. 3. 1984 US/HUD funds allocated for a handicapped access curb-cut were not expended. City Council is requested to reprogram this $2,000 for FY86 handicapped access Project K86002. 4. Monies on deposit (Loan Revenues and Interest Earnings) were not budgeted for FY8? and fund balances are understated. Council is asked to amend the FY87 Fund 106 budget to include these amounts. 5. Program receipt· for 1984 $1,071.96 and 1'985 $2,901.60 were not budgeted in the US/HUD Fund 106 Beginning Fund Balance nor Project Budgeted Expenses. Council is asked to approve a Budget Adjustment to recognize these amounts. Mr. Pratt emphasized that through this audit, the City now has one set of books that are the City's. Mr. Crutcher said he still wants the curb-cuts for the handicap citizens completed. Mr. Colvin added that' there is also a need to correct the handicap accessibility to the Sheridan Community Center and understood funds were allocated for this purpose. Mr. Waibel stated the Fiscal & Budget committee met and has recommended passage of these adjustments as outlined. Mr. Dawkins felt the City Auditor did an excellent job and commended Ms. Katsirubas. Discussion continued with Mr. Pratt indicating that Council should use five separate motions for clarity with Ms. Katsirubas adding that this is to satisfy the US/HUD Inspector General's review in future audits. #1323 · M/S/C/U/(Crutcher/Colvin) (1A) to approve the Auditor recom- mended adjustments of $597.17 to the US/HUD Contingency Balance, as shown in Exhibit 1. (On file/Auditor's Office) #1417 · M/S/C/U/(Overson/Dawkins) (2A) to reprogram unexpended 1984 US/HUD Project a/locations to cover the $?8,697.85 overdraft in Housing Rehab Loan Program. ~ #1433 · M/S/C/U/(Waibel/Crutcher) (3A) to reprogram and roll-forward the $2,000 curb-cut to FY86 handicapped access Project K86002. #1455 · M/S/C/U/(Waibel/Overson) to amend the FY87 budget and CDBG Project allocations to include $134,185.44 (monies on deposit). #1481 · M/S/C/U/(Overson/Waibel) to amend the FY87 budget to recog- nize Program receipts for 1984 ($1,071.96 in loan principal repayments and interest received) and 1985 ($2,901.60 in TAPE #431 - City Council , g. Mtg. Minutes March 4, 1987 Page 5 of 8 U.W. work-study program reimbursements which were budgeted in the US/HUD Fund 106 Beginning Fund Balance. not LEASE ASSIGNMENT CITY/BRBIqF,R'S/MILANDER, ~AS86-068 The City has leased to Bremer's, Inc. the tunnel area on First Street leading to the Ferry Terminal since 1961. Legal Counsel for the Bremer's Estate have requested assignment of the Lease to Henry Mllander as Trustee of the estate. Ian Sievers, City Attorney, stated the City can assume the earlier considerations on both sides. #1646 · M/S/C/U/(Crutcher/Collins) to approve Consent to Assignment of Lease between the City of Bremerton and Bremer's Inc. ORDINANCE (FIRST READING) AMEND ZONING ORDINANCE BY ADDING THE LIMITED PARKING DISTRICT nIP", #AD87-069 On February 24, 1987, the City Council amended the Comprehensive Plan to establish the policy for Central Bremerton Parking and held the public hearing on this amendment to the Zoning Ordinance. This amendment is being brought back for first reading by Ordinance. This action will amend the Current Zoning Ordinance with a Limited Parking District - the "LP" to allow surface parking lots in 3 areas around the Puget Sound Naval Shipyard. Staff recommended approval. City Attorney Sievers noted he made changes as directed by Council last week. #1702 · M/S/C/(Waibel/Collins) to approve, first reading," an Ordi- nance establishing "Limited Parking Districts" and amending Zoning Ordinance No. 1792. Mr. David Wingo, 2740 2nd. Street, Retzel, commended staff's preparation of the amending ordinance. VOTE: In Favor: 0vetson, Dawkins, Crutcher, Watbel, Collins, Colvin & Homing Opposed: Long Motion APPROVED first reading. RESOLUTION ~2158, DESIGNATING ZONE #39 AS A TWO-HOUR ZONE, #AB87-070 Residential Permit Parking Zone #39, 900 Block of Cogean, was approved by City Council in June of 1983. The Resolution specified a 4-hour Parking Zone and the residents of the neighborhood have petitioned to change this to a 2- hour zone. Concurring with the request were both the Police and Engineering departments (on file/City Clerk's office). Mr. Crutcher asked why the time reduction with Mr. Gil Johnson, Deputy City Clerk responding that problems have occurred due to PSNS workers rotating their vehicles at lunch breaks thereby tying up the residential areas from owner/occupant use. #1715 · M/S/C/(Collins/Colvin) to adopt Resolution 2158, amendlng Resolution #1979, Residential Permit Parking Zone #39 from a 4-hour time limitation to a 2-hour parking time limitation at the request of the residents by petition. RESOLUTION #2161, RESIDENTIAL PERMIT PARKING ZONE #62 - SOUTH SIDE BURWELL FROM ANOEA TO STATE, #AB87-O?l City Council at its February 11, 1987, Council meeting approved a Residential Permit Parklng Petitlon on the South Side of Burwell from Anoka to State Streets. The Resolution presented designates the area Zone #62 but before it may be posted as designated, Council will need to approve the document submitted. #1783 · M/S/C/U/(Overson/Collins) to adopt Resolution 2161, designa- ting a Residential Permit Parking Area (Zone #62) South of TAPE #431 -- City Council L ~'. Mtg. Minutes March 4, 1987 Page 6 of 8 Burwell from Anoka to State Streets. RESOLUTION #2162, APPLICATION FEES - PLANNED UNIT DKVELOP~ (PUD) AND, COMPREHENSIVE PLAN AMENDMENT APPLICATIONS, #AB87-072 Mr. Don Pratt gave a short presentation for the need to consider adopting Planned Unit Development and Comprehensive Plan Amendment fee schedules. He stated that the City has not set fees for either activity whereas the City charges application fees for fezones, variances, special use permits, shoreline permits, etc. Fee schedules in use are based on the costs of processing which includes staff time, advertising, etc. The proposed fees being presented would only off-set approximately 50% of the costs with the City bearing the difference. Staff recommended Council adopt this resolution because, as now is the case, all citizens are bearing the costs of the few requesting a PUD or Comp Plan change. Mr. Joe Mentor, 5610 Kitsap Way, spoke in opposition to the fee schedules stating the City must be competitive with the County or development will be further discouraged within the City limits. Ms. Lonq agreed since the Comprehensive Plan will again be reviewed in the future. In response to concern, City Attorney Sievers stated that this proposal would assess the individuals requesting amendatory changes to the PUD or Comp Plan. Mr. Overson supported the assessment which will allow the process to work'with costs incurred, payable by the party initiating the action. Mr. Colvin expressed concern about the impact on future City development with Mr. Pratt noting that people locate or build in the City due to services available such as transportation, Police and Fire, etc. He did not feel the proposed fee schedule would be a deterant to development. Mr. Collins reminded constituents that the City is now paying for the costs and even if approved, the City will still be responsible for 50%. #2487 · M/S/C/(Crutcher/Collins) to adopt Resolution #2162, setting fees for Comprehensive Plan Amendments and Planned Unit Development approval. VOTE: In favor: Overson, Dawkins, Crutcher, Waibel, Collins and Co/vin Opposed: Long & Homing Motion PASSED to adopt. ORDINANCE (FIRST READING) ANENDING VEHICLE IMPOUND PROCEDURES BMC CHAPTER 9.08, ~AB87-073 The ordinance before Council amends the current code provisions concerning the impounding of vehicles from public rights-of-way and property and abering nuisance junk vehicles from public or private property. These changes are mandated by recent state enactments (RCW 46.55) and constitutional due process requirements for notice and post- seizure hearing. Ian Sievers stated that revised procedures for notices and hearing request forms will be drafted and implemented for use in the Police department. He stated the action to revised this legislation was requested by 0vetson. He noted a minor change (pg. 71) to insert "Municipal Court" where "Kitsap County District Court" and "District Court" are referenced. Therefore the individual will have the availability of using the Hearing Examiner process through the City of Bremerton and, if needed, still has the option to appeal to Superior Court. Mr. Roy McInnie asked who is responsible for removal of junk vehicles, owner or property owner that vehicle is located. Mr. Sievers responded that the Tow companies will be able to place a lien on the vehicle owner or property owner which TAPE #431 -- City Council R _.. Mtg. Minutes March 4, 1987 Page 7 of 8 would include costs for storage by the owner or landowner. He stated any individual will have a right to a hearing and some of the problem, experienced in the past, was the process used which will be corrected under this proposed ordinance. Mr. Waibel noted that the addendum of the word "and", (.060 - 4 Criteria, "C", after "plate";) should be included in all four criteria must be met with Mr. Sievers concurring. #3247 · M/S/C/U/(Waibel/Dawkins) to approve, first reading, an Ordi- TAPE #432 nance regulating impound of unauthorized and junk vehicles, repealing Chapter 9.08 of the Bremerton Municipal Code and adopting a new chapter and amending the draft ordinance, before second reading as follows: 9.08.050 line 3: strike "Kitsap County District Court"; insert "Municipal Court" line 6: strike "District Court"; insert "Muni- cipal Court" line 11: strike "District Court"; insert "Muni- cipal Court" line 19-20: strike "District Court"; insert "Municipal Court" 9.08.060 (Pg. 73c) the addendum of the word "and" end of sentence after plate; (before sec. d). Mr. Overson commended City Attorney Sievers for the corrections and establishing a working procedures for what has been an on-going problem in the city. Recessed from 7:00 p.m. to 7:10 p.m. HEARING - STREET VACATION REQUEST; KITSAP WAY BETWEEN CLAIR MOTORS & REID REALTY, JOSEPH MENTOR, #AB87-074 Mr. Don Pratt, Planning Director, presented Planning report and recommendations at the February 17, 1987, Planning Commission 'meeting regarding the above request. The Commission unanimously approved a Street Vacation request for a portion of Kitsap Way near Cotbet Drive. The Council must decide to uphold, amend, or reject the recommendation. Mr. Pratt noted that the Commission's recommendation to approved was contingent on the following conditions: 1. Applicant procure a land survey. 2. Survey must include all easements for utilities required by the City. S. Prior to the survey, applicant confirm any addi- tional easements necessary for private utilities, and, 4. Applicant compensate the City in an amount based on the appraised value; (a) 16' - $20,832.00 (b) 20' - $26,040.00 In addition, Mr. Pratt continued, the City's Engineering department will need to approve and accept the survey. Mr. Mentor, 5610 Kitsap Way/AppliCant, spoke in favor of the request and noted that other commercial lots along this section of Kitsap Way is presently 20' which he would prefer. He questioned the price the City has quoted as fair but clarified that his request is mainly to utilize as a buffer for landscaping. Mr. Theodore F. Drake, 2615 E. Phinney Bay Drive, spoke of the dangerous traffic conditions at the intersections feeding into Kitsap Way from Cotbet Drive and lSth Street (E. of the proposed Street vacation). Mr. Jim Strait, KLNA/Pres., spoke in opposition to the street vacation because in future years the City may be in a position to need the ROW and will need to repurchase. He · TAPE #432 City Counci 1 R~ March 4, 1987 Page 8 of 8 Mtg. Minutes stated, if Council grants the request, it should add a further condi'tion that if needed in future years, ~he City can repurchase at the price it sold the ROW to Mr. Mentor. Ms. Elizabeth Buell, 1722 High Avenue, also spoke of the traffic congestion and hazards Mr. Overson felt to grant the street vacation would allow the'applicant to build 16' - 20' closer to the road· He is not in favor of this action at this time. Ms. Long agreed with Mr. Drake noting the traffic dangers and stated the other properties, granted street vacations of 20' in 1965, were based of different circumstances and probably the traffic was not nearly as heavy as in 1987. She was opposed to the encroachment of businesses near main highways and spoke of the difficulty at the intersection of Cotbet Drive/Kitsap Way where visibility is currained due to vehicular parking at Clair Motors· Mr. Dave Baker, City Engineer, stated he was given a copy of a 1979 Survey done by Ward Mueller which appears legal and is stamped, however our City Surveyor feels there are some problems with boundaries that may vary 15' - 20' and he felt we should know what we are selling. Mr. Homing asked if the State received the dollars should the City decide to sell with Mr. Baker stating this is not the case. Mr. Waibel expressed his concern that too many issues need clarification before Council could intelligently make a decision to grant the Street vacation. #1078 · M/S/C/U/(Waibel/Crutcher) to continue this hearing, until a later date with the following items research with a report back to City Council before taking action: That an approved survey be obtained. That the County zoning classification be established, pertaining to property abutting the ROW. Any restrictions the City can impose if street vacation is granted. Options or alternative in granting a lease instead of selling the ROW (I.e, Bayview Inn) Whether or not the ROW, as now in existence, is zoned. Mr. Mentor asked that this be put in writing. Mr. Horninc agreed and directed Mr. Pratt to prepare a written format to Council's concerns and requested a copy to the Council office. With no further business, meeting adjourned at ?:5? p.m. APPRO.V . ER HO i CC: ~G I L W. 0 HD.t~ S A~; ~ "" / · YS es 1 President Normal Distribution File/Vault