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Home My WebLink About05/15/02TAPE #1833 UNAPPROVED ~~i'1~' CITY COUNCIL MEETING MINUTES May 15, 2002 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, May 15, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Daren Nygren, and Cecil McConnell. Council Members Wayne Olsen and Ed Rollman were absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Roger Henni,qan of Apostolic Life Tabernacle Church. President Arends made the following announcements: (1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference Room to discuss general Council business from 5:00-5:30 P.M.; (2) Item 9(B) was pulled from the Agenda tonight; and (3) There will be a Study Session immediately following the Council Meeting to discuss "UTILITY RATES". CONSENT AGENDA A. Minutes of Meeting - April 24, 2002 (#AB02-093) B. Minutes of Meeting - May 1, 2002 (#AB02-094) C. Budget Adjustment No. 2002-11 for Fund 451 - Residential Disconnection Assistance Program (#AB02-095) #0035 M/S/C/U (McConnell/Younger) 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. #0060 M/S/C (Younger/Maupin) On May 15, 2002, the Council does approve for payment those vouchers included and further described as follows: Check numbers 270927, 270928, and 270962 through 271119 in the amount of $320,173.45. Voted in favor of this Motion: Nygren, Shepherd, Younger, Maupin, Short, and Arends Voted opposed to this Motion: McConnell Motion carried: 6-Yes; and 1-No COUNCIL MEMBER REPORTS Daren Ny.qren thanked all of the residents who attended the District #3 Neighborhood meeting last night, and thanked all of the presenters from the Washington State Ferry System and Kitsap Transit for their interesting and informative presentations. Mike Shepherd announced the upcoming World Changers event from July 29th to August 2"~ that will include volunteer renovation of 25 homes in the Bremerton area. For more information, people may contact Marityn Waibel of the Planning Department at 478-5375. Will Maupin commented on his attendance at Conference for the Police & Firefighters Pension Fund in Lake Chelan; and added that the next District 8 & 9 Meeting would be held on Thursday, May 23r~ with Mayor Bozeman available to provide an update on the projects proceeding in the downtown area. TAPE #1833 City Council Reg. Mtg. Minutes May 15, 2002 Page 2 of 4 Mike Short reported that on May 9th he attended the Peninsula Regional Transportation Planning Organization Meeting to address traffic corridor issues; on May 10th he was present for the anti-terrorism drill at Bremerton High School, and commended the school administration, students, and emergency agencies involved in this drill; and lastly, he reiterated that the next District 8 & 9 Meeting would be held tomorrow from 6:30 to 8:00 P.M. at the Oyster Bay Facilities Complex with Mayor Bozeman as speaker. Carol Arends reported on her attendance at the recent PSRC Transportation Policy Board meeting in Seattle last Thursday; and commented on her attendance at the District 3 neighborhood meeting where discussion also centered on transportation issues. MAYOR'S REPORT · Commended Paula Johnston for her work as Bremerton's Deputy City Clerk; · Pointed out that downtown projects will eventually produce revenue via taxes; · Has asked Seattle Mayor Greg Nickels to partner with Bremerton on improving ferry service; · Stated that Congressman Norm Dicks is supportive of increasing financial backing for the construction of a parking garage for shipyard workers to ease downtown parking congestion; · Hopes to hold a downtown walking tour with Senator Maria Cantwell and Congressman Norm Dicks; · Read from a report provided on Anderson Cove and emphasized that there is potential for revival; · Will be presenting a request for placing a Fire Bond Levy on the ballot so the Fire Department could consider replacement of the 10-year old fire engines and to improve the condition of fire stations; and · Commented on the recent release of a report of his first 180 days in office as Mayor for Bremerton. PUBLIC RECOGNITION Larry Dickerson questioned the total cost to the City to change the City's management style; and questioned the City Council's responsibility and role in these changes. Del Knauss submitted a letter with questions regarding the mid-year Council member pay increase. Don Larson reiterated his plea for more trees in Bremerton. 8A - PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 WITH BUCKLEY & LEADERS, COUNSELORS AT LAW (#AB02-095): City Attorney RoRer Lubovich, announced Ronald Leaders of the law firm BUCKLEY & LEADERS is currently representing the City of Bremerton in two proceedings regarding Pape & Sons Construction, Inc. The Professional Services Agreement between the City and BUCKLEY & LEADERS will expire on December 31, 2002. However, the compensation for attorney fees under the contract is limited to $19,500, and current services will exceed this amount. It is in the best interest of the City that BUCKLEY & LEADERS continue to represent the City in these lawsuits and other matters as assigned because of their expertise and familiarity with the particular case issues. Therefore, approval of the Professional Services Agreement Amendment No. 1 to authorize compensation for 2002 at the hourly rate of $195 is requested. Additionally, Mr. Lubovich informed the Council that he soon plans to provide a complete layout detailing all outside legal counsel expenses. Helen Miller asked how much the City is currently paying for outside legal counsel, and if there was a limit on how much the City could pay for outside legal expenses. Mr. Lubovich explained that he is currently researching this issue, but confirmed that his Department is still paying a lot of old legal bills. TAPE #1833 City Council Reg. Mtg. Minutes May 15, 2002 Page 3 of 4 Mr. Shepherd asked if the Legal Department expected to spend another $20,000? Mr. Lubovich explained that he is unable to answer that question due to two cases still in litigation, but that it was "likely" that this amount would be reached by the end of the year. #1225 M/S/C/U (McConnell/Short) Move to authorize the City Attorney to execute the attached Professional Services Agreement Amendment No. 1 between the City and BUCKLEY & LEADERS. 9A - PUBLIC HEARING AND ORDINANCE NO. 4799 (SECOND READING) AMENDING BREMERTON MUNICIPAL CODE CHAPTER 21.0Z (:zONING CODE) REGARDING PLOZ-001 FOR COMPATIBLE RESIDENTIAL INFILL DEVELOPMENT AND FRONT YARD SETBACKS (#AB02-083): The first reading of this ordinance, was heard at the Council meeting on April 24, 2002; and was continued from May 8, 2002. Chris Hugo, Director of Community Development, noted several minor, non-substantive changes made to the ordinance at the request of the City Council. There were no comments from the public. #1710 M/S/C/U (Shepherd/Short) Move to pass Ordinance No. 4799 as amended on second reading. ~1:~ Pil IDI I~'~ UI--ADIkli~- AklrN /'N[::~rNINIAklI'*l- I~l"d~/'~kll'~ Dt'AI'hlklI'~-X Ai.qPkl[Nlkl~'~- I~Jllkll/'q'lDAI /',~/"~r~~- f".uAr~'rC:D "')4 1'1"') /"7'/~,kllkl¢~- /'q~/"AI~C:'~ DI~/'~-ADI't, INI/'q- rt, I fl~_~/~'~ A1 I ~1 I~YIDII I'r%/ Akllr~ Iklkl/'t%lA'r'l%le' r'tn"~lt'~-NI DI ID~I IAklT T/'% A ,lOl Akl_lkl_l IPI I,, This Hem was pulled from the Agenda. 9C - PUBLIC HEARING AND ORDINANCE NO. 4803 (SECOND READING) AMENDING "2002 RATE TABLES" FOR PARKS & RECREATION, AND ADMINISTRATIVE SERVICES DEPARTMENTS (#AB02-092): The first reading of this ordinance was heard at the Counci/ meeting on May 8, 2002. There were no comment:; from the public. #1755 M/S/C/U (Shepherd/Nygren) Move to pass Ordinance No. 4803 on second reading. 9D - PUBLIC HEARING AND ORDINANCE (FIRST READING) TO ADD CHAPTER '1.06 TO THE BREMERTON MUNICIPAL CODE RELATING TO PUBLIC RECORD INDEXES AND RECORDS REQUESTS UNDER THE PUBLIC DISCLOSURE ACT (#AB02-097): City Attorney Roger Lubovich pointed out that the City is currently out of compliance with RCW 42.`17.260 (3) - the statute which requires the City to keep an index of all of the City's public documents. Complying with this requirement would require the City to expend an exorbitant amount of staff time, perhaps even requiring the City to hire additional staff. The City can issue an order, pursuant to RCW 42.`17.260 (4), declaring the requirement to maintain the index too burdensome. It is recommended that the City Council approve the attached order declarin9 compliance with RCW 42.'17260 (3) to be overly burdensome and requiring the City to make for inspection and/or copying all non-exempt public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, RCW Chapter 42.'17. There were no comments from the public. Mr. McConnell asked if staff had checked with other cities to see what types of action could be taken. TAPE #1833 City Council Reg. Mtg. Minutes May 15, 2002 Page 4 of 4 Mr, Lubovich responded that although no one considered other cities prior to this proposal, the main issue that was considered was the prohibitive cost of constructing an initial index. He clarified that in time when an index may be in place, updating that index or providing that information to the public would not be a problem. Currently, if a citizen requests information, that information is located on a subject basis and an index is not used for reference. Again, setting up the index in the first place would be time- consuming and costly. Mr. Maupin pointed out that the index would probably not help in the search for a document unless the document were cross-referenced with similar subjects and a system would have to be in place so the index would be updated in order to keep the index useful. Ms. Johnston emphasized that city records are electronically archived but it will be at least 10 years before the City is able to be online. Mr. Nvoren supported the citizen's right to information and stated however, that this issue constitutes an unfunded mandate., #2180 M/SICIU (NygrenlMaupin) Move to approve the attached ordinance on first reading. gE - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING ORDINANCE NO. 4798 TO MAKE TECHNICAL AND TYPOGRAPHICAL CORRECTIONS (#AB02-098): City Attorney Roger Lubovich stated that on April 24, 2002, the City Council passed Ordinance No. 4798 amending and updating the Administrative Hearing Examiner process contained within the Bremerton Municipal Code. Minor technical and typographical corrections are required to Ordinance No. 4798, therefore, the attached ordinance makes those necessary corrections. There were no comments from the public. #2275 M/S/C/U (Younger/Short) Move to approve the attached ordinance on first reading. With no further business, the regular Council meeting was adjourned at 6:40 P.M. The Council reconvened in the Council Conference Room to hold a Study Session on "UTILITY RATES" immediately following the Council Meeting. P~Y:,,~ L~)I~'I SMITH Council Liaison Att~~ ~"AUkA-,~(~,i~6~l~l~u-ty City Clerk ~ ~yR2BrAeRmEeN~Don~, City C~u¢[ci, President CA/PJ/Is/cge c: Normal Distribution File