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HomeMy WebLinkAbout02/21/01 COUNCIL CITY COUNCIL MEETING MINUTES ~'~ 7 2001 February 21, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, February 21, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Carol Arends, David Farr, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Council Member Conrad Esser was absent. Also present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Principal Nick Sweene_v, of Kings West School. President Law made the following announcements: 1) A Pre-Council Session was held in the Conference Room to discuss general Council business; 2) There will be a 30-Minute Study Session immediately following the Council Meeting in the Council Conference Room to discuss the "Endangered Species Act"; and 3) Next Wednesday there will be a Study Session to discuss "Creating a Hearing Examiner System". CONSENT AGENDA A. Minutes of Meeting - February 13, 2001 (#AB01-043) #0025 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK 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. #0050 M/S/C/U (Reed/Arends) On February 21, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 249324, and 249341 through 249588 in the amount of $1,021,537.99; and Regular Payroll for the period ending February 15, 2001 in the amount of $791,708.37. COUNCIL MEMBER REPORTS Ed RoIIman announced the next District 4 Neighborhood Meeting is planned for Monday, March 5, 2001 from 7:00 P.M. to 8:30 P.M. at the Washington Mutual Building located on the corner of 6th & Pacific to discuss "The Proposed Bremerton/Kitsap County Regional Government Center" with members of the Kitsap Consolidated Housing Authority. He also announced that the Smile-Mobile would be in Bremerton from February 20 to March 2, 2001, and further information can be obtained by calling 377-0053, extension 356. Mike She_~herd commented on the AWC Conference, which included discussions on municipal issues relating to energy conservation. He also announced the District 5 Meeting scheduled Thursday, March 15, 2001 at the Memorial Lutheran Church located at 10th & Veneta Avenue to discuss "The Proposed Merger of Central Kitsap & Bremerton Fire Districts". David Farr and Carol Arends reported on the combined District 6 & 7 meeting held last evening where citizens had an opportunity to discuss the proposed Bremerton/Kitsap County Regional Government Center with guest speakers Norm McLoughlin and Roger Waid of the Kitsap County Coordinating Housing Authority. Mrs. Arends also commented on the AWC Conference and the Kitsap Regional Coordinating Council dinner where the energy crisis issue was also discussed. TAPES #1753 & #1754 City Council Reg. Mtg. Minutes February 21, 2001 Page 2 of 6 Jim Reed invited citizens as well as the investment, real estate, and business community to attend the combined District 8 & 9 meeting on Thursday, March 8, 2001 beginning at 6:30 P.M. at the Oyster Bay Public Works Conference Room located at 100 Oyster Bay Avenue to discuss "Funding Sources for City Road Repair", as well as the "Possible Elimination of the B&O Tax". John Law reported on the District 3 meeting held last evening, and thanked Beat Cop Alan Hornberg and Building & Planning Director Chris Hugo for their participation. He also commented on the AWC Conference and transportation issues. MAYOR'S REPORT Mayor Horton commented on the closure of City Hall due to the snowstorm last Friday; and announced that anyone interested in attending the Ferry Rally in Olympia can purchase a seat on the Bremerton ferry for a cost of $25, which will depart at 9:30 A.M. from the Bremerton dock and return at 4:15 P.M. Those needing a sponsor, as well as those interested in being a sponsor are encouraged to contact the Bremerton Area Chamber of Commerce at 479-3579. Chief Rob Forbes outlined the distinguished career of Lieutenant Tom Pratt, then presented him a special award recognizing his 30 years of service. Mayor Horton read a proclamation declaring February 21, 2001 as Tom Pratt Day and thanked Lieutenant Pratt for his many dedicated years. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Louis Mentor encouraged citizens to support the Ferry Rally in Olympia. He also stated that the Kitsap Homebuilders Association may be contacted for further information on the "Christmas in April" program, and that applications were still being accepted. Don Larson reiterated his request that the City start a tree-planting program to lessen the impact of paved surface area, and encouraged the City to coordinate the efforts with business owners. Mike Shepherd left the meeting at 6:08 P.M. and returned at 6:11 P.M. 9A - ORDINANCE NO. 4756 (SECOND READING) AUTHORIZING THE ISSUE OF GENERal OBLIGATION BONDS TO FINANCE THE CLUBHOUSE AT GOLD MOUNTAIN GOLF COMPLEX: AND ACCEPTING THE PURCHASE OFFER OF BANK OF AMERICA (#AB01-044): The first reading of this ordinance was heard at the Council meeting on February 13, 2001. City Treasurer Rich Hanna provided updated materials, and reiterated that this ordinance would authorize the financing necessary to design, construct, and furnish the new clubhouse at Gold Mountain Golf Course. Council reviewed this project in the context of the 2000-2005 CIP, the 2001-2002 Budget as well as the awarding of the contracts for clubhouse design and construction. The bond issue proposed is a 20-year, Limited Tax General with level debt service. While the debt will be a general obligation of the City, it is expected that repayment will be made from the revenues of the Golf Course. There were no comments from the public. #1190 M/S/C/U (Farr/McConnell) Move to approve Ordinance No. 4756 on second reading authorizing the bond issue for the clubhouse at Gold Mountain. TAPES #1753 & #1754 City Council Reg. Mtg. Minutes February 21, 2001 Page 3 of 6 9B - ORDINANCE (FIRST READING) VACATING THE ALLEY LOCATED BETWEEN NAVAL & ROOSEVELT AVENUES. AND BETWEEN 6TM & 7TM STREETS (#AB01-045): Senior Engineer Jeff Shea summarized that the City has received a petition from S. E. Grainger Development Group to vacate the alley located between Naval and Roosevelt Avenues and between 6th and 7th Streets. A hearing date of February 21,2001 was set by the City Council on January 24, 2001. This right-of- way consists of a paved alley that abuts the applicant's properties and is utilized as access to those properties. The vacation is being requested by S.E. Grainger Development Group to develop the site for construction of a new retail outlet using the entire block. Posting of the hearing notices and mailings to the adjacent property owners has been completed in accordance with State law and the Bremerton Municipal Code. This is a Class [! right-of-way and the petitioner has paid the required compensation in the amount of $11,006.42. Specific items for City Council consideration are outlined in the Staff Report. It was noted that the proposed vacation is north of the Shipyard gate, and there have been no objections. In response to questions from the Council, It was clarified that the vacation will go to the abutting property owners, not to the developer; the vacation would allow for development; and the vacation would not have a negative impact on the abutting property owners. There were no comments from the public. #1455 M/S/C/U (Shepherd/Reed) Move to approve the attached ordinance on first reading, vacating the alley located between Naval & Roosevelt Avenues, and between 6th & 7th Streets. 9C - ORDINANCE (FIRST READING) ORDINANCE VACATING APPROXIMATELY 210 FEET OF YANTIC AVENUE SOUTH OF 1sT STREET. AND THE ALLEY LYING SOUTH OF IsT STREET BETWEEN YANTIC AND HARTFORD AVENUES (#AB01-046): Senior Engineer Jeff Shea stated that the City has initiated the vacation of approximately 210 feet of Yantic Avenue south of 1st Street and the alley lying south of 1st Street and between Yantic and Hartford Avenues. A hearing date of February 21, 2001 was set by City Council on January 31, 2001. These right-of-ways have not been developed and the terrain consists of hilly, steep sloped that are not needed for public use. Posting of the hearing notices and mailing to the adjacent property owners has been completed in accordance with State law and the Bremerton Municipal Code. Less than 50 percent of the abutting property owners have submitted written objections to the City Clerk's office. This is a'Class 1'[! right- of-way and compensation is not required. The request before the City Council is to approve, disapprove, or modify this vacation of approximately 210 feet of Yantic Avenue south of l't Street and the alley lying south of l't Street and between Yantic and Hartford Avenues. David Farr excused himself due the Appearance of a Conflict of Interest at 6:20 P.M. and was not present for the following vote. There were no comments from the public. Mr. Reed asked how the right-of-way is to be divided among the property owners. Mr. Shea answered that by state law, the inner alley shall be split in half, and the remainder of the property shall be returned to the original property owners accordingly. Ms. Malanca added that the dedication process is different for each of the property segments, and that a Quit Claim Deed agreed to by all involved parties would address that issue. #1775 M/S/C/U (Arends/McConnell) Move to approve the attached ordinance on first reading, vacating approximately 210 feet of Yantic Avenue south of 1st Street and the alley lying south of 1st Street and between Yantic and Hartford Avenues. Mike Shepherd left the meeting at 6:30 P.M.; and David Farr returned to the meeting at 6:31 P.M. TAPES #1753 & #1754 City Council Reg. Mtg. Minutes February 21, 2001 Page 4 of 6 9D - ORDINANCE fFIRST READINGI VACATING THE SOUTHERLY 1000 FEET OF FORREST STREET BETVVEEN 1sT STREET (VACATED) AND KITSAP WAY (#AB01-0477 Senior Engineer Jeff Shea mentioned that the City has initiated the vacation of the southerly 1,000 feet of Forrest Street between 1st Street (vacated) and Kitsap Way. A hearing date of February 21, 2001 was set by the City Council on January 31, 2001. Forrest Street is approximately 1,600 feet in length. It begins at the southerly right-of-way of Kitsap Way and has been developed for approximately 600 feet. The remainder of the right-of-way is undeveloped. The terrain for the undeveloped portion of the right-of- way is hilly with steep slopes that are not needed for public use. Posting of the hearing notices and mailing to the adjacent property owners has been completed in accordance with State law and the Bremerton Municipal Code. Less than 50 percent of the abutting property owners have submitted written objections to the City Clerk's office. This is a Class [[! right-of-way and compensation is not required. The request before the City Council is to approve, disapprove, or modify this vacation of the southerly 1,000 feet of Forrest Street between 1st Street (vacated) and Kitsap Way. There were no comments from the public. Mike Shepherd was not present for the following vote. #1900 M/S/C/U (Reed/Arends) Move to approve the attached ordinance, vacating the southerly 1,000 feet of Forrest Street between 1st Street (vacated) and Kitsap Way, on first reading. 10A - A PRESENTATION OF THE CSO PLAN UPDATF Senior Engineer Thomas Knuckey presented the CSO Plan Update, and noted that remaining costs were estimated at $24 million, with $15 million to be provided by grant funds. Jim Reed left the meeting at approximately 6:35 P.M. and returned at 6:37 P.M. Mike Shepherd returned to the meeting at 6:37 P.M. 10B - RESOLUTION NO. 2802. APPROVING THE CSO PLAN UPDATE AND FACILITY PLAN (#AB01-048): Senior Engineer Thomas Knuckey reported that staff has developed the Update to the Combined Sewer Overflow (CSO) Reduction Plan for compliance with State Regulations. The CSO Plan Update serves as the Facility Plan for CSO Reduction Improvements to several CSO basins including: Stevens Canyon, Cherry Avenue, East Park, Tracyton Avenue, and Pacific Avenue. The update additionally revises the Callow Avenue Facility Plan. The Facility Plan outlines required stormwater separation along with conveyance improvements to the new CSO Treatment Facility for cso Basins in East Bremerton. The Callow Avenue Basin Facility Plan is revised to add conveyance along with stormwater separation. Implementation of the recommended improvements outlined in the CSO Plan Update is required for compliance with State Regulations. There were no comments from the public. #2465 M/S/C/U (McConnell/Farr) Move to pass Resolution No. 2802, which approves the CSO Plan Update and Facility Plan for the reduction of combined sewer overflow. 10C - RESOLUTION NO. 2803. TO HIRE A CITY ATTORNEY (#AB01-049); Council member Cecil McConnell stated that the City Attorney is an essential and necessary employee of the City, and that the current position is now vacant. It is therefore recommended that the position be advertised and filled as soon as possible to maintain the efficient operation of the City. He also pointed out that independent counsel is extremely costly and hiring a City Attorney would eliminate these additional costs in legal representation and counsel. TAPES #1753 & #1754 City Council Reg. Mtg. Minutes February 21, 2001 Page 5 of 6 There were no comments from the public. t/2690 MIS (McConnell/Farr) Move to pass Resolution No. 2803, approving the advertising and hiring of a City Attorney. (Vote did not take place, discussion continued....) Mr. Olsen stated that he has been silent on this issue because he hoped the Council could "settle their differences" and believed that a "united Council" would get more accomplished, however, he now feels that "enough is enough", and stated that Council must attempt to find a resolution to end the increasing costs associated with this legal battle. Mr. Reed responded to the comments made regarding increased costs, and reiterated that the City already has a City Attorney, and that it was not the full body of the Council that is proposing to hire the outside counsel. Mr. She_oherd questioned the legality of continuing this discussion, and if there were any limitations in light of the current litigation. Ms. Malanca responded that the Council was free to discuss the issue in open session because it was considered "City business". She did remind Council however, that any decisions made here tonight could impact the litigation. Mr. McConnell noted that the litigation issue was to determine who had the right to accept a resignation, not whether or not the City hired a City Attorney, which is an essential employee of the City. Mr. Rollmarl stated that the Council had to base their decisions on facts, and was disappointed in the article referred to by Mr. Olsen, which was not based on facts, just name calling. He summarized his comments by stating he would only support this issue if an amendment was included making it contingent upon the decision made by a State Judge following the current litigation. Mr. McCollnell was concerned that this litigation may not be resolved for over a year, and the citizens of this City should not be without legal representation for that length of time. He stated that personal agendas must be set aside, and it is time to think about the City of Bremerton and the residents. Mr. Reed clarified his position that he would only consider hiring a new City Attorney if the Council had allowed the original City Attorney to be removed. Mr. McConnell responded that the original City Attorney abandoned her position as City Attorney when she accepted the position of Special Counsel. Mayor Horton emphasized that not having a City Attorney on staff is detrimental to City operations, and even though the Legal Department has thus far managed with no major negative impact, this issue has also been detrimental to the Legal Department staff on both a personal and professional basis. She too stated that this issue could easily go on through the remainder of the year, or longer, and regardless of the court decision, the working relationship between her and Ms. Malanca has been irretrievably damaged. As an alternative to going to court, she suggested that (1) the Council allow her to hire a City Attorney; (2) to work together, with the assistance of the facilitator, to craft Charter language mutually agreed on to solve this dilemma; (3) place the proposed Charter changes on the November ballot for the voters to decide; and in the meantime, (4) the Mayor and Council sign a binding agreement that both parties would abide by that until the voters made a decision on how to proceed. She understood the interest of the Council to have independent counsel, which could probably be arranged per hour on a contractual basis. #3350 M (Shepherd/) Move to table item for one week. Motion died due to a lack ora second. Mr. Farr agreed that Council must take every opportunity to end this conflict, and resist the temptation to continue the battle. He further stated that he has no faith in being able to predict what the courts will do, or what the legal system will determine is an appropriate length of time to "drag this out". He also does not see an incentive on the part of the attorneys hired, at a healthy fee, in a timely manner. He emphasized his desire for Council to end this counterproductive fight and "move on". TAPES #1753 & #1754 City Council Reg. Mtg. Minutes February 21, 2001 Page 6 of 6 Mr. Olsen agreed with Mr. Shepherd that Council should table this issue for now, and in the meantime, have the Mayor present her proposal to the Council. Mr. Reed reminded the Mayor that she too has every option to resolve this issue, and this issue was not only the Council's responsibility. Mayor Horton agreed that more discussion needed to take place, and her suggestions were not intended to place the full blame for this issue on the Council. Ms. Malanca noted that the Council's attorney have been instructed to make every attempt to file the Summary Judgment this week. She also clarified that she has never communicated to anyone that her relationship with the Mayor was irretrievably broken, however, she does feel that due to some direction provided to staff, as she understands them a "wall" has been placed between herself and staff, affecting her ability and availability to work with staff to meet their legal needs. As she understands it, there has never been a question about her capabilities as City Attorney and providing legal services for the City, therefore she proposed another option to expediently handle the current conflict: (1) place her back temporarily in her office, with staff, under an agreeable job title; and (2) include a stipulation stating that the placement of Ms. Malanca over the Legal Department would not be admissible in the court proceeding. She could then provide the City with necessary legal services at much less expense to the City until the Mayor and Councils' legal issues are resolved. TAPE #1755 President Law proposed a Study Session for further discussion on Monday, February 26, 2001. #0075 M/S/C (Shepherd/McConnell) Move to table this item until the next Council meeting on Wednesday, February 28, 2001; following the Study Session on Monday, February 26, 2001 to discuss specific language proposed by the Mayor. Voted in favor of the motion: McConnell, Shepherd, Fart, Arends, Olsen, and Law Voted opposed to the motion: Rollman Abstained: Reed Motion carried: 6-Yes; 1-No; and 1-Abstention With no further business, meeting concluded at 7:20 P.M. and reconvened in the Council Conference Room for a 30-Minute Study Session to discuss "The Endangered Species Act". Prepared and Submitted by: LORt' S1V~ITH, Legislative Assist-ant Xttest:/~'~~.~ ~ '~..~ JO-H~ ;.T. ON., aepu~ Ci~ Clerk  HN LA~i~ Council President ty of Bremedon J ~PJ/Is/cge c: Normal Distribution; File