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TAPE #1723
CITY COUNCIL MEETING MINUTES
September 20, 2000
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, September 20. 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council
member David Farr was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk
Paula Johnston, 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 Council Member John Law.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; and
(2) Council will hold a Study Session immediately following the regular meeting tonight to have a
continued discussion on a "Proposed Re-Organization of City Departments" in the Council
Conference Room.
CONSENT AGENDA
A. Minutes of Meeting - September 6, 2000 (#AB00-213)
#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.
#0085 M/S/C/U (Law/McConnell) On September 20, 2000, the Council does approve for payment
those vouchers included and further described as follows: 245122 through 245354 in the amount of
$494,820.16; and Regular Payroll for the period ending 9/15/00 in the amount of $778,871.27.
COUNCIL MEMBER REPORTS
Mike Shepherd reminded citizens of the District 5 Neighborhood Meeting tomorrow, Thursday,
September 21, beginning at 6:30 P.M. at the Memorial Lutheran Church located at 10th Street &
Nipsic Avenue. Topics of discussion would include new requirements to keep storm-water clean; an
update on the Waste Collection contract; and an informal discussion on a possible change in the form
of government for the City of Bremerton. He briefly discussed his participation in the Kitsap County
Habitat for Humanity Gala Dinner & Auction held last Saturday.
Ed Rollman called attention to the increase in citizen complaints regarding animal control issues and
illegal drug activity in downtown neighborhoods. Therefore, he announced that Animal Control can be
reached at 478-5366 (911 after-hours); and the Narcotics Division of the Bremerton Police
Department can be reached at 478-5217. Landlords who suspect illegal drug activity by their tenants
can call Wendy Davis of the Bremerton Police Department at 478-5231.
John Law thanked City Attorney Glenna Malanca and City Auditor Michael Stephenson for their
assistance during the presentation on the proposed change in the City's form-of-government at the
District 3 meeting held last evening. In addition, he provided a brief history of the sundial dedicated to
pioneer families of the Manette area, and placed on the south side of the Senior Center.
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Cecil McConnell announced that a debate on the proposed change in the City's form of government
would be held as part of the next combined District 1 & 2 "Town Meeting" to be held at the Sheridan
Park Recreation Center on Tuesday, September 26, from 7:00 to 9:00 P.M. He also announced the
opening of Joe's Diner, a 1950's style care located in the Perry Avenue shopping mall.
MAYOR'S REPORT
Mayor Horton stated that in response to mandates from the State, a number of programs have been
implemented to reduce stormwater overflow into the combined wastewater system:
· Two brochures titled "How to Disconnect your Downspouts" and "Be Part of the Solution" are now
available, offering tips to help reduce combined sever overflows;
· Water Operations is sponsoring a program for City of Bremerton Water Utility Customers to
purchase a barrel and hardware package ($10.00 each) for use in collecting stormwater runoff for
watering their gardens at an event called "A Modern Spin on an Old Idea" at the Public Works &
Utility Department located at 3027 Olympus Drive, on Saturday, September 23, 2000 between
9:00 A.M. and 12:00 noon;
· Senator Gordon's office recently informed her office that they had submitted a $3 million
appropriation to assist the City of Bremerton with stormwater reduction; and
· A new Internet web site is now online to provide a source of information on the "Cooperative
Approach to CSO Reduction Program" at www.cityofbremerton.com, which is being funded by a
Centennial Clean Water Fund Grant from the Department of Ecology.
· If additional information is desired, citizens may call Chance Berthiaume of the City's Water
Resources Department at 478-5929.
Mayor Horton read a Proclamation to proclaim Saturday, September 23, 2000 as "Gold Star
Parents and Gold Star Wives & Sisters Remembrance Day", '~nd citizens of this City, County,
State and Nation were encouraged to pause a moment in reverence to honor the sacred memory of
sons and daughters of parents who sustained a great loss, but persevered knowing that their sons
and daughters made the supreme sacrifice for the preservation of Peace and Freedom for all
mankind..."
Mayor Horton then brought forward Police Chief Rob Forbes to administer a Swearing-In
Ceremony, with the Honorable James N, Docter, Municipal Court Judge, conducting the OATH OF
OFFICE, for the following: Three recent graduates of the Reserve Officers Academy: Robert M. Cox;
Michael D. Turso; and Catherine T. Mattson; Officer Aaron D. Elton, recently hired as a full time
commissioned officer; and Captain Ronald F. Mox, promoted to his current position earlier this year,
and serving as the Operations Division Commander for the Bremerton Police Department.
LEGISLATIVE REPORT
In response to concerns raised at a previous Council meeting regarding a lack of proper public
noticing for the "Vintage at Bremerton" apartment project. The Building & Planning Department met
with the Legal Department on Thursday, September 7 to review the file and verify that the public
noticing for the project was in order. The file reflects that the Department issued all necessary
notices in a timely and complete fashion. Letters have been sent to Dennis & Joan Archer and to
Norman & Ida Mae Cooper, neighbors living to the southwest of the old Kona Village site.
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PUBLIG RECOGNITION
Lynn Swanson, a Volunteer Tutor in the Washington Reading Corp at West Hills Elementary School,
was pleased to report that over 8,000 books were donated during their last book drive, even though
they only expected 2,000! However, there is now a desperate need for volunteer reading tutors, so if
anyone was interested, she asked that they please call Donna Gear at 478-5192, or 509-6870.
H. Emily Moshay reported on the new "Pacific Northwest Tour Train" which had a successful first
run, bringing over 180 tourists on a visit to Bremerton last Saturday; and announced that the
Bremerton and Silverdale Chambers of Commerce were having a joint "After-Hours" event called "A
Bit of Bremerton & a Slice of Silverdale" next Tuesday night, September 26, at the Elks Lodge, from
5:00 to 8:00 P.M.
Elizabeth Buell asked where citizens could take cardboard for recycling. Mayor Horton announced
that citizens could take household cardboard to the Safeway located on the Brownsville Highway.
Lee Goddard raised concerns about an excess of stray cats and raccoons in his neighborhood (near
the old Bridge Tender Restaurant) because his neighbor chooses to feed them.
9A - APPOINTMENT OF TRISHA RULE TO A ONE-YEAR TERM AS THE YOUTH
REPRESENTATIVE ON THE BKAT ADVISORY COMMITTEE, (#AB00-214): Mayor Horton
reported that the BKAT Advisory Committee has one youth member approved by both the County
and the City. The youth representative last year was from Bremerton, and this year the Committee is
recommending Trisha Rule, a Central Kitsap High School senior, to a one-year term. Trisha has lived
in Silverdale for 13 years, and participates in numerous extracurricular activities such as ASB, Honor
Society, Key Club, and Teen Suicide Task Prevention. She is interested in a broadcasting career
after completion of college,
There were no comments or questions from the public.
#1150 M/S/C/U (Reed/McConnell) Move to approve appointment of Trisha Rule to a one-year term as
the Youth Representative on the BKAT Advisory Committee commencing September 2000 and
terminating August 2001.
9B - APPOINTMENT OF GREGG A. MCCLELLAN TO THE PUBLIC ACCESS CITIZENS
ADVISORY COMMITTEE. (#AB00-215): Mayor Horton reported that there is a vacancy on the
Public Access Citizen's Advisory Committee in the "user" position. After providing a brief background
on Gregg A. McClellan relating to public access television, she recommended that his appointment to
this committee be confirmed.
There were no comments or questions from the public.
#1165 M/S/C/U (Reed/McConnell) Move to confirm the appointment of Gregg A. McClellan to the
Public Access Citizens Advisory Committee.
9C - FORMAL APPOINTMENT OF COMMITTEES TO DRAFT STATEMENTS FOR AND AGAINST
PROPOSED CHARTER PROVISIONS. (#AB00-216): Glenna Malanca, City Attorney, stated the
City Council President will formally appoint the Committee members to draft statements in SUPPORT
and OPPOSITION to the proposed Charter Revisions scheduled for the Voter's Pamphlet for a
November 7 vote.
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There were no comments or questions from the public.
#1275 M/S/C/U (McConnell/Reed) Move to ratify the Council President's appointment of Bill
Robinson, Larry Stone, and Del Knauss on the Committee to draft statements in SUPPORT of the
proposed Charter Revisions for the Voter's Pamphlets.
#1295 M/S/C (McConnell/Olsen) Move to ratify the Council President's appointment of Louis Mentor,
Louis Mitchell, and Tom McDonald on the Committee to draft statements in OPPOSITION of the
proposed Charter Revisions for the Voter's Pamphlets.
Voted in favor of Motion: Reed, Olsen, McConnell, Law, Rollman, Shepherd, and Arends
Voted opposed to Motion: Esser
Motion carried: 7-Yes; 1-No
10A - PUBLIC HEARING & ORDINANCE NO. 4721 (SECOND READING) VACATING HARKINS
PLACE RIGHT-OF-WAY, (#AB00-211): First Reading of this ordinance was heard at the Council
meeting on September 13, 2000. Jeff Shea, Senior Engineer, reiterated that all properties abutting
the right-of-way are owned by a single entity, therefore there is no need for public access. He further
clarified that the right-of-way vacation was being requested to facilitate a new commercial
development, and that posting of the hearing notices and mailings to the adjacent property owner was
completed in accordance with State law and the Bremerton Municipal Code (BMC). Mayor Horton
added that the surrounding property has already been rezoned allowing the right-of-way to become a
part of the development if the business wishes to develop the piece of property.
There were no questions or comments from the public,
#1400 M/SIC (Reed/Olsen) Move to pass Ordinance No. 4721 on second reading, vacating Harkins
Place right-of-way.
Voted in favor of this Motion: Reed, Olsen, Law, Rollman, Shepherd, Esser, and Arends
Voted opposed to this Motion: McConnell
Motion carried: 7-Yes; l-No
10B - ORDINANCE NO. 4722 (SECOND READING), ADOPTING PORT BLAKELY SUB-AREA
PLAN: THREE-PARTY AGREEMENT: AND COMPREHENSIVE PLAN AMENDMENTS. (#AB00-
202): First Reading of this ordinance was heard at a continuation of the Special Joint City Council &
County Commissioner Public Meeting held on August 29, 2000. David St. Pierre, Assistant City
Attorney, of the Planning Department, summarized that the City of Bremerton, Kitsap County, and
Port Blakely Communities (land owner & developer) have cooperatively prepared a Sub-Area Plan for
a large parcel of land (approximately 440 acres) located west of Kitsap Lake and outside the City
limits for future annexation to the City. In addition, because City's 1995 Comprehensive Plan does
not provide the mechanism to process the proposed annexation, the City amended the
Comprehensive Plan to facilitate implementation of the provisions contained in the Sub-Area Plan and
the Three-Party Agreement. The objective of the Port Blakely Joint Planning Area Sub-Area Plan is
to facilitate, encourage, and support proposed mixed use development which will further the goal of
regional economic growth. Lastly, it was pointed out that one agreed-upon change was made to
Section 8 of the contract since the first reading of this Ordinance, stating that Port Blakely Properties
must submit an annual report showing efforts to prepare and market the employment sites within the
project until the first 500 jobs are created.
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There were no comments or questions from the public.
#1540 MISIC/U (Esser/Reed) Move to waive the provision of Rule 8 of the "Bremerton City Council
Rules & Procedures" requiring the second reading to be conducted within the following three City
Council meetings of the first reading of the proposed ordinances adopting the Port Blakely Sub-Area
Plan, Three-Party Agreement, and implementing zoning and comprehensive plan amendments.
#1585 M/SIC/U (Reed/McConnell) Move to pass Ordinance No. 4722 on second reading, adopting 1 )
Port Blakely Joint Planning Sub-Area Plan and amendment of the Bremerton Comprehensive Plan
under the Growth Management Act, and as a comprehensive plan for the Port Blakely property upon
annexation pursuant to RCW 35.13.177 and 35.13.178; and 2) Three-Party Agreement between the
City, Kitsap County, and Port Blakely Communities, with the amended Section 8.
10C -ORDINANCE NO. 4723 (SECOND READING) ADOPTING MIXED USE DISTRICT (MXD)
ZONING CLASSIFICATION. (#AB00-203): First Reading of this ordinance was heard at a
continuation of the Special Joint City Council & County Commissioner Public Meeting held on August
29, 2000. David St. Pierre, Assistant City Attorney, stated that no changes were made since first
reading, and reiterated that the addition of this zoning classification was developed in order to
implement the provisions of the Sub-Area Plan, and that it would benefit the City. It was further
clarified that this zoning classification could be utilized anywhere in the City, was not created just for
Port Blakely.
There were no comments or questions from the public.
#1645 MISIC/U (Reed/Olsen) Move to pass Ordinance No. 4723 on second reading, amending
Chapter 21.02 "ZONING", of the Bremerton Municipal Code, and adding Sections 21.02.555 through
21.02.559 pertaining to a new Mixed Use District (MXD) Zoning Classification
11A- RESOLUTION NO. 2774, UPDATING THE "BREMERTON CITY COUNCIL RULES &
PROCEDURES" (#AB00-217): Glenna Malanca, City Attorney, reported that the City Council
determined the advisability of updating the "Bremerton City Council Rules & Procedures", last revised
in 1996. The City Council, through Study Session, appointment of a sub-committee, and working with
the City Attorney, has produced the proposed rules. Changes made to-date to this latest draft were
discussed, and it was established that upon the Council's direction, further changes could still be
redrafted. It was further pointed out that according to Rule 9 of the Bremerton City Council Rules &
Procedures, amendments to these rules shall be made by resolution of the Council, which must then
be laid over for at least one week before final adoption.
Susan Brown provided a handout to the City Council, listing suggested changes to the proposed
"Bremerton City Council Rules & Procedures", as well as pointing out grammatical errors. She asked
for clarification on the process for generating the censure motion discussed in Rule 1, Section 6 and
the process in Rule 9, Section 5 for discussing a written complaint. She further suggested several
replacements for the proposed introductory comments; and addressed processing complaints and
violations of confidentiality.
Mr. Law questioned if the procedure in Rule 9, Section 5 of the "Bremerton City Council Rules &
Procedures" that addresses complaints against a Council member deviates from the procedure
established in the revised Code of Ethics already in place. He further questioned who makes the
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decision on which process to follow. Ms. Malanca responded that Rule 9, Section 5 does deviate
from the Code of Ethics in Chapter 2.96 of the Bremerton Municipal Code (BMC), which establishes a
procedure for dealing with very serious allegations of an ethical violation. She clarified that Rule 9,
Section 5 of the "Bremerton City Council Rules & Procedures" provides a procedure for less serious
complaints such as a City Council member being "impolite" or "rude", and that it is the complainant
who decides which process to follow. Mr. Shepherd continued to discuss this issue, and suggested
that a comment be added to Rule 9, Section 5, referring complaints of a more serious issue to
Chapter 2.96 of the BMC. Mr. Law suggested that because the "average citizen" may not
understand the procedures to make a complaint, he asked if all complaints should first go through the
Code of Ethics procedure for an objective evaluation. Ms. Malanca answered that a clear process is
now in place to determine if a complaint will go forward, and further agreed with the suggestion by Mr.
Shepherd.
Mr. McConnell asked how far State law allows a Council to "discipline" another member of the
Council. Ms. Malanca responded that this issue is not addressed very well in State law, and
provided examples where such words as "inappropriate" or even "unlawful" are used, but no
designation of a remedy is provided.
Mr. Reed addressed the issue of "rebuttal from the public being limited by the Presiding Officer'
discussed in Rule 9, Section 3. Ms. Malanca agreed that it be changed to "argumentative rebuttal".
#3537 M/S/C/U (McConnell/Law) Move to lay over Resolution No. 2774, concerning revised "City
Council Rules & Procedures", to next week's meeting, as required by Rule 9 of the "City Council
Rules & Procedures".
With no further business, meeting concluded at 7:00 P.M.
City of Bremerton
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