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
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