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Home My WebLink About08/23/00 TAPE #1719 CITY COUNCIL MEETING MINUTES August 23, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order jn the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, August 23, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenrio Malanca, Acting Deputy City Clerk Rich Hanna, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Minister Hank Shepherd, representing Emmanuel Apostolic Church. President Arends made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; including a 10-minute Study Session to "Review District 3 Presentation on Change jn City Government"; and (2) City Council will adjourn to the Council Conference Room immediately following the regular meeting tonight for a Study Session to discuss the "Capital Improvement Plan". CONSENT AGENDA A. Minutes of Meeting- August 9, 2000 (#AB00-187) #0045 M/S/C/U (McConnell/OIsen) 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, #0065 M/S/C/U (Law/McConnell) On August 23, 2000, the Council does approve for payment those vouchers included and further described as follows: 244153, 244154, 244392, and 244428 through 244583 in the amount of $286,565.21; and Regular Payroll in the amount of $819,431.53 for the period ending August 15, 2000. COUNCIL MEMBER REPORTS John Law reminded citizens there would not be a District 3 meeting for the month of August, and the next meeting would be held on Tuesday, September 19t". Ed Rollman referred to a recent article in the Seattle Post Intelligencer that stated an increase in traffic congestion was causing and increase in "road rage", and advocated patience among drivers. Mike Shepherd attended an AmeriCorp graduation ceremony, and congratulated the 36 graduates for their willingness to involve themselves in community projects. He also briefly discussed some of his duties in his new role on the Association of Washington Cities Board of Directors. David Farr relayed a stow about his son-in-law getting a "hole in one" at the Olympic Course at Gold Mountain, and therefore suggested that the City evaluate the level of difficulty at the Olympic Golf Course! President Arends enjoyed participating with Mayor Horton and local business owners in the recent "Clean-Up Event" that took place in the Charleston Business District this past Sunday, between 6th & gth Streets on Callow Avenue. TAPE #1719 City Council Reg. Mtg. Minutes August 23, 2000 Page 2 of 6 MAYOR'S REPORT - Them was no report this evening. LEGISLATIVE REPORT - Them was no report this evening. PUBLIC RECOGNITION Helen Miller asked that the City take corrective action to file and issue a complete and correct resolution regarding the former Hansen Sign Company property on Shorewood Drive. 9A - APPOINTMENT OF BARRY N. COOK AS THE CITY OF BREMERTON REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE KITSAP COUNTY PUBLIC FACILITIES DISTRICT, (#AB00-188): Mayor Horton briefly discussed the experience and dedication of Barry Cook, and therefore recommended that he be appointed as the City of Bremerton Representative on the Board of Directors of the Kitsap County Public Facilities District. There were no questions or comments from the public. #0455 M/S/C/U (Reed/Farr) Move to confirm the appointment of Barry N. Cook to the Board of Directors of the Kitsap County Public Facilities District. 9B - APPOINTMENT OF ROY MclNNIS, TINA DAVIS, AND STEVEN BERKOWITZ TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE, (#AB00-189): Mayor Horton recommended that Roy Mclnnis, Tina Davis, and Steven Berkowitz be appointed to the Community Development Block Grant Advisory Committee after briefly discussing the experience that each appointee could bring to the committee. There were ne questions or comments from the public. #0530 M/S/C/U (Reed/McConnell) Move to confirm the appointment of Roy Mclnnis, Tina Davis, and Steven Berkowitz to the Community Development Block Grant Advisory Committee. 9C - PROFESSIONAL SERVICES AGREEMENT WITH KAREN BERTRAM OF GARVEY, SCHUBERT & BARER; AND APPROVAL OF BUDGET ADJUSTMENT NO. 00-19, (#AB00-189): Glenna Malanca, City Attorney, requested that legal services be provided by the retained counsel with regards to litigation against Foster, Pepper & Shefelman based upon their representation of the City in lawsuits arising from the Wastewater Treatment Plant. Mr. Law pointed out that the professionalism and fiscal responsibility demonstrated by the Legal Department in pursuing this on behalf of the taxpayers is really appreciated. He also acknowledged that even with the extra help, a lot of extra effort and time would still be required. #06615 M/S/C (Shepherd/Reed) Move to approve a professional services agreement with Garvey, Schubert & Barer to represent the City in its claims against Foster, Pepper & Shefelman for an amount not to exceed $190,000 until December 31, 2002. Vote on motion: Shepherd, Esser, Reed, OIsen, McConnell, Law, Rollman, and Arends Abstained: Farr Motion carried: 8-Yes; 1-Abstention TAPE #1719 City Council Reg. Mtg. Minutes August 23, 2000 Page 3 of 6 #0675 M/S/C (Shepherd/Reed) Move to approve Budget Adjustment No. 00-19 to increase to the Public Works & Utilities Department to provide for funding of the Garvey, Schubert & Barer professional services agreement. Voted in Favor of Motion: Esser, Reed, Olsen, McConnell, Law, Rollman, Shepherd, and Arends Abstained from Vote: Farr Motion carried: 8-Yes; 1-Abstention 9D - PROFESSIONAL SERVICES AGREEMENT WITH LANE, POWELL, SPEARS & LUBERSKY, (#AB00-191 ): Glenna Malanca, City Attorney, stated the City would like retained counsel to provide legal services with regards to David Blair, et al., v. Rasmussen, et al. arising from the November 13, 1997 Kona Village fire. Upon occasion a law firm is asked to provide services based on their expertise on current issues involving the City and are asked to extend their services for additional case when the City is satisfied with the current services being received. It was noted that a budget adjustment was not required because the requested amount already falls within the amount in the City Attorney's budget for outside counsel. Additionally, the Fire Chief was consulted regarding the representation, and is comfortable with this firm. The $35,000 amount will provide basic, essential coverage, but would reflect the "limited role" that outside counsel will be performing in this matter. There were no comments or questions from the public. #0750 M/S/C (McConnell/Olsen) Move to approve a professional services agreement with Lane, Powell, Spears & Lubersky for an amount not to exceed $35,000 until December 31,2000. Voted in Favor of Motion: Esser, Reed, Olsen, McConnell, Law, Rollman, Shepherd, and Arends Abstained from Vote: Farr Motion carried: 8-Yes; 1-Abstention 9E - RENEWAL OF PARKING SERVICES CONTRACT WITH DIAMOND PARKING, INC., (#AB00- 192): Capt. Ron Mox, of the Bremerton Police Department, reported that the contract renewal would be for an additional year to manage the City's parking enforcement program for city streets and parking facilities. Under the current contract performance there has been increased parking revenue, more effective on-street enforcement, and aggressive enforcement of abandoned vehicle tows. The changes to the contract would include: (1) An addition of 60 personnel hours per month to manage the Boardwalk parking lots that were reopened in June 2000; (2) One 3.8% CPI increase encompassing 1 -year of the proposed contract; and (3) The purchase of three parking scooters by Diamond Parking which are currently being leased from the City. Diamond Parking will contract with Fleet Maintenance to maintain the scooters. There were no comments or questions from the public. Mr. Reed asked how much Diamond Parking was paying for the scooters, and which budget fund would fund would receive the money. Mr. Hanna explained that the parking scooters were owned by the Equipment Rental Reserve Fund, but because they will not be replaced, the money would be returned to the Parking Fund. Bob Dupree, Diamond Parking, responded that the "market value" for two of the scooters was $3,000 each, and $2,500 for the third parking scooter. Mr. Shepherd complimented Mr. Dupree for his responsiveness in working with the neighborhoods regarding parking issues expressed by residents. TAPE #1719 City Council Reg. Mtg. Minutes August 23, 2000 Page 4 of 6 Mr. Rollman asked how many full-time and part-time employees would be provided by Diamond Parking for on-street and off-street parking enforcement; and would Diamond Parking work with the Police Department to obtain background checks of all applicants. Mr. Dupree responded the contract would include the equivalent of three full time employees; and that Diamond Parking does all of their own background checks and psychological tests. Mr. Esser asked why the net parking revenue went up dramatically during the months of January, February, March, and April; and has since subsided. Mr. Dupree explained that Diamond parking took over the contract in November of 1998. He then discussed several factors that may have contributed to this trend including the decrease in enforcement hours, the loss of parking on Burwell Street due to the Gateway Project, and most importantly, the impact of 1-695. A fee increase was requested, and granted in late June, which explains the large jump in revenue for July and August. #1158 M/S/C/U (Olsen/McConnell) Move to renew the 1-year contract with Diamond Parking Inc. to provide City parking enforcement services, and authorize the Mayor to execute the same. Mr. Hanna clarified that with approval of the following motion from Council tonight, the vehicles would be declared "surplus property", and that in the future, the amounts would be listed on the Agenda Bill. #1175 M/S/C/U (Esser/Reed) Move to authorize the disposal of parking vehicle Nos. 1432, 1435, and 1436 pursuant to City policies and procedures. 10A - RESOLUTION NO. 2770. ESTABLISHING AN ARTS DISTRICT IN DOWNTOWN BREMERTON. (#AB00-193): Mayor Horton, announced that the downtown Bremerton arts community has requested that an Arts District be formed in downtown Bremerton on Pacific Avenue from 1st Street to 6th Street; and on 4th Street from Park Avenue to Washington Avenue. Local gallery owner Amy Burnett initiated this request. The City Council will be invited to the upcoming "Artist Loft Summit" will be held next month to discuss the concerns and requests of the local artists, which will also be provided in a summary report to the Council. There were no questions or comments from the public. Mr. Farr thanked and acknowledged Amy Burnett for her efforts in bringing her work to the City. Mrs. Arends and Mr. Shepherd concurred. #1465 M/S/C/U (Rollman/Olsen) Move to pass Resolution No. 2770 establishing an Arts District in Downtown Eremorton. 11A - PUBLIC HEARING ON ORDINANCE NO. 4718 (SECOND READING), APPROVING YEAR 2001-2006 SIX-YEAR TRANSPORTATION PLAN, (#AB00-186): The first reading of this ordinance was heard at the Council meeting on August 16, 2000. Gene Sampley, Director of Public Works & Utilities was available to answer questions on the plan, which is updated annually pursuant to RCW 35.77.010 and RCW 36.81.121. There were no questions or comments from the public. #1570 M/S/C/U (Reed/Rollman) Move to approve Ordinance No. 4718, which approves the City's 2001-2006 Six-Year Transportation Improvement Program and direct the Mayor to forward the Ordinance and Plan to the Department of Transportation, Local Programs Office. TAPE #1719 City Council Reg. Mtg. Minutes August 23, 2000 Page 5 of 6 11B - ORDINANCE (FIRST READING) CREATING DEPARTMENT OF BUILDING & PLANNING. AND CREATING POSITION OF DIRECTOR OF BUILDING & PLANNING, (#AB00-194): MayOr HOrtOn emphasized that the ordinance creates the Department of Building & Planning, and the Director of Building & Planning. The Budget Adjustment being requested would provide funds for the newly created department and staff salaries. There were no comments or questions from the public. #1715 M/S/C/U (Reed/Olsen) Move to approve ordinance establishing the Department of Building & Planning, and the Director of Building & Planning on first reading. #1745 M/S/C/U (Reed/Olsen) Move to approve Job Descriptions and Budget Adjustment for Director of Building & Planning, and Director of Economic Development. 11C - ORDINANCE (FIRST READING) REPEALING ORDINANCE NOS. 4708 AND 4710 REGARDING KITSAP WAY/WESLON PLACE REZONE. (#AB00-194): Glenna Malanca. City Attorney, requested that Ordinances No. 4708 and 4710 be repealed in their entirety. Ordinance No. 4708 adopted the Roger and Jennifer Nance Comprehensive Plan amendment application for the "Nance-Kitsap Way/Weslon Place" rezone to change a portion of the Comprehensive Plan and Map from "Low Density Residential" (LDR) to "General Business" (GB). Ordinance 4710 adopted a change in the same portion of the Official Zoning Map from "Single Family Residential" (SF-3) to "General Business" (GB) in order for the Zoning Map to conform to and implement the Comprehensive Plan. At the time these ordinances were adopted by the City Council, the Council was unaware of the fact that proper public notice requirements may not have been followed. It is recommended that the City Council remand the Roger and Jennifer Nance Comprehensive Plan amendment application to the Bremerton Planning Commission. David St. Pierre, Assistant City Attorney, stated that after further review, it was established that proper notice was not provided. Therefore it is being requested that the City Council repeal the ordinances, and refer this issue back to the Planning Commission so that correct and proper public notices can be provided as required by State law. Roger Nance asked for clarification on the "no comment" statement. He discussed the two-year process he has gone through to get this ordinance before the City, and opposed the remanding of these ordinances. He voiced his concern that the process will need to be started over, with no specific "road map" of what is required provided. He stated that Mr. James Coombs and Mr. Bill Palmer have both offered to sign a legal affidavit verifying that proper public notice was sent out. MS. Malanca stated that no "road map" was available, but that the City would do everything possible to handle this issue quickly. Helen Miller suggested the City consider hiring a professional "Hearing Examiner" instead of relying on the volunteer efforts of the Planning Commission members. Mr. Farr questioned the "lack of proper notification", and stated that "lack of evidence of the documentation" was more the issue. He asked in the issue of fairness, could this issue be made a "high" priority". Mr. OIsen agreed. Mr. St. Pierre responded that the Growth Management Act makes it the responsibility of the City to prove that proper public notice given, and if the City can not prove it, the State Law says, "it did not happen". TAPE #1719 City Council Reg. Mtg. Minutes August 23, 2000 Page 6 of 6 Mr. Esser asked Mr. Nance for further details regarding the affidavits he requested of staff. Mr. Nance responded that he was concerned that although staff would provide affidavits reiterating that public notice was given, there was no "evidence" of this Notice available. He also indicated that he was the first applicant to apply for an amendment to the Comprehensive Plan. Mr. Law supported the judgment and recommendation of the City's legal counsel. #2674 M/SIC (Reed/Olsen) Move to approve the proposed ordinance, repealing Ordinance Nos. 4708 and 4710 in their entirety, on first reading. Voted in favor on this motion: Reed, Olsen, McConnell, Law, Rollman, and Arends Voted opposed to this motion: Farr, Esser, and Shepherd Motion carried: 6-Yes; 3-No. #2726 M/S Reed/Olsen) Move that this application receive "high priority" with the Department of Building & Planning. (Motion was retracted) With no further business, meeting concluded at 6:47 P.M. City Council then adjourned to the Council Conference Room for a Study Session to discuss the "Capital Improvement Plan". PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CNIslcg c: Normal Distribution File