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TAPES #1738 #1739
CITY COUNCIL MEETING MINUTES
December 6, 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, December 6, 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 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 Chaplain Conrad Dodd of Kitsap Lake Baptist Church.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business;
(2) Item 9B was added under "New Business" to "Approve Contract for Employment of Special
Counsel to the City Council pursuant to Section 25 of the City Charter. and Attendant Budget
Adjustment Organization Chart";
(3) Items 11C and 11D will be heard immediately after "New Business"; and
(4) City Council will adjoum to the Council Conference immediately following the regular Council
Meeting for their Monthly Study Session.
CONSENT AGENDA
A. Minutes of Meeting - November 15, 2000 (#AB00-269)
B. Minutes of Meeting - November 21, 2000 (#AB00-270)
#0050 M/S/C/U (McConnell/Law) 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 December 6, 2000, the Council does approve for payment those
vouchers included and further described as follows: 247302, 247304 through 2478479, and EFT 6244
in the amount of $282,321.19; and Retiree Payroll for the period ending November 30, 2000 in the
amount of $114, 460.93.
COUNCIL MEMBER REPORTS
President Arends announced that Special Counsel Glenna Malanca would not be in attendance
tonight due to a previous commitment; and David Farr would not be in attendance due to an illness;
Jim Reed offered condolences from the entire Council to the family after the tragic loss of their two
teenage daughters in a house fire over the weekend.
Mike Shepherd reported on a number of issues including the Smart Growth workshop held last
week, and the City's Budget.
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 2 of 7
Ed Rollman reported on the arrival of Santa and Mrs. Clause last Friday, and thanked the organizers
of the event. He also offered his condolences to Mike Smith and his family at the loss of his
daughters, and thanked the Police and Fire personnel for all their efforts.
John Law also attended the arrival of Santa & Mrs. Clause, and thanked the band.
MAYOR'S REPORT - There was no report this evening.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Lauralee Hanson discussed the conflict of the two events scheduled at City Hall and the City Hall
Gazebo on the same day, and was concerned that Santa would be handing out candy canes right
down the street from the Aids Vigil where condoms would be handed out.
Gordy Byrd thahked the Bremerton High School students and all others involved in the special.
people cruise at the Bremerton Yacht Club this past weekend.
Larry Dickerson asked the Council to rethink the "SOAP" Ordinance passed earlier this year.
E.L. Sturdivant provided his comments regarding the "lack of faith and trust" between the Council,
Mayor, and City Attorney, and believes they all need to work together.
Paul Drnjevic referred to a Memorandum of Understanding signed by the Mayor and a developer in
September, and was concerned that the Council was not aware of it.
John Becker also provided his opinion on the direction that the City Council and Mayor need to take.
9A - MONITORING & MAINTENANCE OF ALARM AND FIRE SUPPRESSION EQUIPMENT
(#AB00-271): Bill Eley, Purchasing Director, stated that 2 bids were received and the lowest
responsive bidder was Fire One, Inc. The proposal is for a 2-year contract and staff recommends
that an option be included to allow for contract renewal for an additional 2 years, which would
incorporate a cost-of-living adjustment into the charges for the optional renewal.
There were no comments from the public.
#1075 M/S/C/U (Law/Rollman) Move to accept the proposal by Fire One, Inc. being the low
responsive bid as per the attached evaluation form and enter into a 2-year contract with an option to
renew, at the City's discretion, for a further 2-year period.
9B - APPROVE CONTRACT FOR EMPLOYMENT OF SPECIAL COUNSEL TO THE CITY
COUNCIL PURSUANT TO SECTION 25 OF THE CITY CHARTER, AND A'I'rENDANT BUDGET
ADJUSTMENT ORGANIZATION CHART (#AB00-282)
Council Member Conrad Esser originated the item and added that the Council is considering the
curative employment of the current City Attorney as Special Counsel under City Charter Section 25
due to a difference of legal positions between the Mayor and the City Council regarding the Council's
acceptance of Ms. Malanca's withdrawal of her November 1 resignation. While the City Council
maintains that Ms. Malanca remains employed as City Attorney, this action and contract are
considered preventative measures. No budget adjustment is immediately necessary, and this
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 3 of 7
position will be considered concurrently with the 2001-2002 Budget, and incorporated therein.
There were no comments from the public.
#1315 M/SIC (Shepherd/Reed) Move to approve the proposed contract employing Glenna Malanca
as Special Counsel to the City Council as a preventative measure until her status as City Attorney
can be legally established. The office space, support staff, parking arrangements, and all other terms
and conditions of employment shall be directed by Council. Special Counsel shall work under the
direction of the City Council. Council President shall assign such work and duties as directed by the
majority of the City Council.
Voted in favor of this motion: Rollman, Shepherd, Esser, Reed, Olsen, McConnell, and Law
Voted opposed to this motion: Arends
Motion carried: 7-Yes; 1-No.
110 - PUBLIC HEARING AND ORDINANCE NO. 4739 (SECOND READING) REGARDING
ANNEXATION OF THE REAL PROPERTY DESCRIBED WITHIN THE ADOPTED PORT BLAKELY
SUB-AREA PLAN (#AB00-266): The first reading for this ordinance was heard on November 29,
2000.
John Freeburn asked that more time be allowed for studies on private funding.
Mr. McConnell asked if there was a legal opinion on the December 5, 2000 letter from the
Suquamish Tribe regarding the Draft Initial Development Agreement between the City of Bremerton
and Port Blakely. David St. Pierre, the Assistant City Attorney, stated that the letter was misleading.
Mr. Shepherd asked for an explanation on "vesting". Mr. St. Pierre responded that the Court will
determine in there is "vesting", the Council is merely "adopting" the Plan. Mr. Esser asked if a
rebuttal has been provided to the Tribe in response to the November 14 letter. Warren Olsen,
project consultant, stated that a lengthy discussion has taken place on a collaborative basis.
#1912 M/S/C/U (Shepherd/Reed) Move to pass Ordinance No. 4739 on second reading, annexing
440 acres of real property commonly known as the Port Blakely Sub-Area, pursuant to the direct
petition method set forth in R.C.W. Chapter 35.13, describing the boundaries thereof; requiring said
properties to be assessed and taxed at the same rate and basis as the other property within the City;
and fixing the effective date of said annexation.
11D - PUBLIC HEARING AND ORDINANCE NO. 4740 (SECOND READING) REGARDING
ADOPTION OF INITIAL DEVELOPMENT AGREEMENT FOR THE PROPERTY COMMONLY
KNOWN AS THE PORT BLAKELY SUB-AREA PLAN, WHICH ESTABLISHES A MIXED USE
DISTRICT (MXD) ZONING CLASSIFICATION FOR THE PROPERTY UPON ANNEXATION
(#AB00-267): The first reading for this ordinance was heard on November 29, 2000.
There were no comments from the public.
#2022 M/S/C/U (Reed/McConnell) Move to pass Ordinance No. 4740 on second reading, zoning the
site commonly known as the Port Blakely property upon annexation as authorized by the City's
Comprehensive Plan by Ordinance No. 4722; applying the "Mixed Use District" (MXD) zone
classification for the site as established by Ordinance No. 4723; and adopting an Initial Development
Agreement as part of the site specific zoning.
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 4 of 7
10A - RESOLUTION NO. 2783 AUTHORIZING AN INTER-FUND LOAN FROM THE EQUIPMENT
RENTAL FUND TO THE PARK DEVELOPMENT FUND AND REPEALING RESOLUTION NO. 2743
(#AB00-272): Rich Hanna, City Treasurer added that the proposed resolution will replace a portion of
the funding for installation of lighting at Pendergast Regional Park. The funding was to be derived
from future Lodging Tax Revenues, but by resolution, would be provided from future revenues from
the Park Development Fund.
There were no comments from the public.
#2122 M/S/C (Esser/McConnell) Move to approve Resolution No. 2783 authorizing the inter-fund loan
from the Equipment Rental Fund to the Park Development Fund.
Voted in favor of this motion: Reed, McConnell, Law, Rollman, Esser, and Arends
Abstained: Olsen
Motion carried: 6-Yes; and 1-Abstention.
Mike Shepherd stepped out of the meeting at approx. 6:35 P.M. and was not available for this vote.
10B - RESOLUTION NO. 2784 RE-AUTHORIZING AN INTER-FUND LOAN FROM THE WATER
FUND TO THE WASTEWATER FUND (#AB00-273): Rich Hanna, Public Works and Utilities
Director, mentioned that the proposed resolution will provide continuing legal authority for a portion of
the existing inter-fund loan until the Wastewater Utility is able to complete its repayment. Without this
loan the fund will frequently operate in a deficit position.
There were no comments from the public.
#2202 M/S/C (Reed/Law) Move to approve Resolution No. 2784 re-authorizing the inter-fund loan
from the Water Fund to the Wastewater Fund.
Voted in favor of motion: Law, Rollman, Esser, Reed, and Arends
Abstained: Olsen, McConnell
Motion carried: 5-Yes; and 2-Abstentions.
Mike Shepherd was not available for this vote; he returned to the meeting at approx. 6:40 P.M.
11A- PUBLIC HEARING AND ORDINANCE NO. 4737 (SECOND READING) REDUCING
MAYOR'S SPENDING AUTHORITY (#AB00-264): The first reading for this ordinance was read on
November 29, 2000.
Lauralee Hanson, John Becker, Roy Mclnnis, Paul Drnjevic and Charlie Brown provided their
comments on this issue. Rich Hanna, City Treasurer, stated that each individual manager is
responsible for their budget and the spending authority.
Mr. Hanna addressed the approximate number of Professional Services Agreement that would come
before the Council; and the difference between Professional Services (such as consultants and those
who would need a license) and a Purchase Service.
#2550 M/S/C (Reed/McConnell) Move to pass Ordinance No. 4737 on second reading, amending
Chapter 2.76 of the Bremerton Municipal Code and updating the City's purchasing procedures.
Voted in favor of this Motion: McConnell, Law, Rollman, Shepherd, Esser, Reed, Arends
Abstained: Olsen
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 5 of 7
Main Motion carried: 7-Yes; and 1-Abstention
TAPE #1739
11B - PUBLIC HEARING AND ORDINANCE NO. 4738 (SECOND READING) VACATING A
PORTION OF "O" STREET (#AB00-265): Jeff Shea, Senior Engineer, reiterated that a petition was
provided by Dale & Donna Dahl to vacate a portion of "O" Street from Oyster Bay Avenue to 279-feet
east. The vacation is being requested by the abutting property owners to improve the property for
development, and specific items for City Council consideration are outlined in the Staff Report.
Visuals were shown, and it was additionally pointed out that the property owner, Mr. Lachlan Munro,
provided a written letter stating that he did not have any objections with this vacation of the right-of-
way. The first reading for this ordinance was held on November 29, 2000.
There were no comments from the public.
#0025 M/S/C/U (McConnell/Rollman) Move to pass Ordinance No. 4738 on second reading, vacating
a portion of "O" Street, from Oyster Bay Avenue to 279 feet East.
Mr. Olsen stepped out of the meeting at approximately 7:01 P.M. and was not available for this vote.
Mr. Shepherd stepped out of the meeting at approximately 7:02 P.M. and was not available for this
vote. He did not return to the meeting.
11E - PUBLIC HEARING AND ORDINANCE (FIRST READING) REPEALING CHAPTER 3.29 OF
THE MUNICIPAL CODE RELATING TO THE EMPLOYEE MEDICAL INSURANCE RESERVE
FUND (#AB00-274)
Rich Hanna, City Treasurer, stated that if approved, the proposed ordinance will eliminate the
Employee Medical Insurance Reserve Fund. The assets of this fund will be depleted at the end of
Fiscal Year 2000, and there will be no continued need for this fund.
There were no comments from the public.
#0065 M/S/C/U (McConnell/Reed) Move to approve on first reading the ordinance repealing
Bremerton Municipal Code Chapter 3.29.
1 t F - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING CHAPTER 3.26 OF
THE MUNICIPAL CODE RELATING TO THE GIFT AND DONATION FUND (#AB00-275)
Rich Hanna, City Treasurer, added that the proposed ordinance will correct a technical error in the
ordinance which created the Gift and Donation Fund. This ordinance will eliminate the fund type
designation of the fund but wilt have no effect on its use by City Departments.
There were no comments from the public.
#0109 M/S/C/U (Reed/McConnell) Move to approve on first reading the ordinance amending BMC
Chapter 3.26.
Mr. Olsen was not available for this vote.
11G - PUBLIC HEARING AND ORDINANCE (FIRST READING) REPEALING CHAPTER 3.22 AND
3.23 OF THE MUNICIPAL CODE RELATING TO THE PARKS AND RECREATION FACILITY
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 6 of 7
DEVELOPMENT FUND AND ROOSEVELT CAPITAL ASSETS FUND (#ABO0-276)
Rich Hanna, City Treasurer, said that the proposed ordinance would eliminate the Parks and
Recreation Facility Development Fund and the Roosevelt Capital Assets Fund. An additional
ordinance would create a new combined fund.
There were no comments from the public.
Mr. Olsen returned to the meeting at approx. 7:07 P.M. and was available for the following vote.
#0165 M/S/C/U (Rollman/Reed) Move to approve on first reading the ordinance repealing Bremerton
Municipal Code Chapter 3.22 and 3.23.
11H - PUBLIC HEARING AND ORDINANCE (FIRST READING) ESTABLISHING THE PARK
DEVELOPMENT FUND (#AB00-277) Rich Hanna, City Treasurer, reiterated that the ordinance
would set up a fund which is intended to replace both the Park and Recreation Facility Development
Fund and the Roosevelt Capital Assets Fund.
There were no cbmments from the public.
#0204 M/S/C/U (Law/Reed) Move to approve on first reading the ordinance creating the Park
Development Fund.
11Z - PUBLIC HEARING AND ORDINANCE (FIRST READING) REDUCING THE B & O TAX ON
GARBAGE AND REFUSE BUSINESS (#AB00-278) Rich Hanna, City Treasurer, stated the intent of
the ordinance is to reduce the tax rate by one percent each year until the rate is reduced to six
percent.
There were no comments from the public.
#0245 M/S/C/U (McConnell/Reed) Move to approve the ordinance on first reading reducing B & O tax
on garbage and refuse business.
11J - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING MUNICIPAL CODE
15.06 SETTING UTILITY ASSESSMENTS, FEES, AND CHARGES EFFECTIVE JANUARY 1. 2002
(#AB00-279) Rich Hanna, City Treasurer, mentioned that the proposed ordinance would allow for
adjustments to utility assessments, fees and charges in order to compensate for the effects of
inflation. These adjustments are necessary so the Utilities are able to meet the costs of operations
and maintenance, and to implement capital improvements, which are mandated to meet
environmental and water quality regulations.
There were no comments from the public.
#0454 M/S/C/U (Reed/Esser) Move to table this item for one week.
11K - PUBLIC HEARING AND ORDINANCE (FIRST READING) ADOPTING THE 2001-2202
BIENNIAL BUDGET lAB#00-280) Rich Hanna, City Treasurer, said that this ordinance would adopt
the City's 2001-2002 Biennial Budget at the fund level as described in the Mayor's Preliminary
Budget.
There were no comments from the public.
#0695 M/S/C/U (Law/McConnell) Move to approve the ordinance adopting the 2001-2002 Biennial
Budget on first reading with $7,000 added to each year of the budget, to allow for OSHA-required
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City Council Reg. Mtg. Minutes
December 6, 2000
Page 7 of 7
physicals for uniformed fire fighters.
11L - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING THE 2000 BUDGET
(#AB00-281) Rich Hanna, City Treasurer, rephrased that the number of changes to the 2000
operating budget have become necessary since the budget was originally adopted. These changes,
most of which have been previously been approved by City Council, are detailed in the attached
documents. This amending ordinance is necessary to keep the City's adopted budget consistent with
these changes in financial plans.
There were no comments from the public.
#08'19 M/S/C/U (Reed/Olsen) Move to approve the ordinance amending the Fiscal Year 2000 Budget
on first reading.
With no further business, meeting concluded at 7:30 P.M., then reconvened in the Council
Conference Room for the Monthly Study Session.
CAROL ARENDS, City Council President
City of Bremerton
CA/P J/Is/cge
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