HomeMy WebLinkAbout12/20/00
TAPES #1742 & #1743
CITY COUNCIL MEETING MINUTES
December 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, December 20, 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 Acting Deputy City Clerk Rich Hanna; Special Counsel Glenna Malanca;
and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council member Cecil McOonnell, followed
by the invocation given by Mr. Nick Sweeney, Principal of kings West School
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) PUBLIC HEARING Item 10A, "Quasi-Judicial Hearing on the Appeal of Determination of Non-
Significance for the Proposed Rezone along Shore Drive from SF-3 to SF-3 SD" will be heard
before NEW BUSINESS items on the Agenda tonight.
CONSENT AGENDA
A. Minutes of Meeting November 29, 2000 (#AB00-284)
B. Resolution No. 2786, Designating the Bank of New York as Safekeeping Agent for City Secudties
(#AB00-285)
C. Resolution No. 2787, Establishing Year 2001 Letter of Legislative Intent (#AB00-286)
#0025 M/S/C/U (McConnell/Law) Move to approve Consent Agenda as presented.
Mike Shepherd stepped out of the meeting and was not available for the previous vote.
CLAIMS/CHECK RFGISTERS
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.
#0055 M/S/C/U (Law/McConnell) On December 20, 2000, the Council does approve for payment
those vouchers included and further described as follows: 244725, and 244759 through 247954 in the
amount of $798,359.00.
COUNCIL MEMBER REPORTS
Conrad Esser wished the public a Merry Christmas, and reminded everyone to stay "safe".
Mike Shepherd provided comments on several issues, including the Year-2001 Letter of Legislative
Intent. He invited citizens to provide any comments dudng the eady working sessions on the budget.
Ed Rollman invited citizens to call in their ideas for naming the new Government Center to the
Council office at 478-5280.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 2 of 8
John Law wished everyone a Merry Christmas, but noted he was disturbed by a group of Christmas
carolers who reportedly were stealing signs.
Wayne Olsen, Cecil McConnell, & President Arends also wished everyone a Merry Christmas!
MAYOR'S REPORT
· A picture of the new, official "logo" for Bremerton's Centennial Celebration was presented;
· A Spaghetti Feed fund-raiser event was announced for Friday, January 5, 2001, from 5:30 to 8:00
P.M. at the Melody Lane Restaurant on 4th Street to raise money for future endeavors;
· Residents of Lebo Blvd. were warned that the road would be closed from Reid to Sheridan from
12:00 A.M. Wednesday night to 12:00 P.M. Thursday afternoon;
· The public was cautioned to take extra safety precautions due to the number of tragic incidents
that have occurred in recent weeks; and
· In closing, everyone was wished to have a very Merry Christmas!
LEGISLATIVE REPORT
It was noted that a letter was provided to Helen Miller in response to questions she asked regarding
Port Blakely at the Council Meeting on November 29, 2000, and a copy of that letter was available.
PUBLIC RECOGNITION
Gordy Byrd encouraged driver safety.
Roy Mclnnis took advantage of the City's CDBG funds for home improvements, and thanked Marilyn
Waibel for recommending the program.
John Burch, Member of Chapter 135 of National Association of Watch and Clock Collectors, stated
that his organization has taken on the project of restoring a clock and displaying the clock at the
Historical Museum.
Wayne Olsen left the meeting at approximately 6:05 P.M., and did not return to vote on any of the
following items.
10A - QUASI-JUDICIAL HEARING ON APPEAL OF DETERMINATION OF NON-SIGNIFICANCE
FOR THE PROPOSED REZONE ALONG SHORE DRIVE FROM SF-3 TO SF-3 SD (#AB00-295):
President Arends stated that all Council members should give consideration as to whether they
have 1) a demonstrated bias or prejudice for or against any party to the proceedings; 2) a direct or
indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue prior to
hearing the facts on the record; or 4) ex parte contact with any individual excluding administrative
staff, with regard to an issue prior to the hearing. If any Council member should answer in the .
affirmative, then the Council member should state the reason for their answer at this time so that the
Chair may inquire of the City Attomey as to whether a violation of the Appearance of Fairness
Doctrine or a Conflict of Interest exists.
John Didio requested that John Law excuse himself due to an earlier statement he made that
emphasized his bias in favor of this item.
Paul Scheyer questioned if Jim Reed should also excuse himself, but Glenna Malanca ruled that
simply "knowing someone" is not cause to excuse them from the hearing. Mr. Reed, as well as all
other Council members in attendance remained seated.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 3 of 8
Staff provided a report:
Clyde Sticklin of the Bremerton Planning Department reported that the City proposes a zoning
amendment for the front yard setback from 15 (20 garage) feet to "5 feet street-side" for existing lots
along a portion of Shore Drive in response to a petition from a number of Citizens. (See exhibits 1
and 2). The Staff issued a DNS (See Exhibit 4) based upon an Environmental Checklist in the format
required by the WAC as adopted by the BMC. (See Exhibit 3.) The BMC authorizes One open record
appeal of this type two Administrative Decision to the City Council. (See Exhibit 4.)
An Appeal has been filed regarding the Shoreline Drive Overlay zone amendment Determination of
Non-significance. (See exhibit 5.) On the city form the Appellant alleges that "An EIS is required
[due to the DNS] failure to evaluate the cumulative impact of additional requests for similar actions in
Bremerton." No other written statements or documentation were submitted with the appeal. The
appeal was filed in a timely manner. Subsequent discussions with the appellant have revealed the
concern to be the cumulative effect of the potential for extending the proposal to other areas.
in this case the city followed WAC 197-11-060(c)(Optional) which states, "Agencies may wish to
analyze "similar actions' in a single environmental document. Section WAC 197-11-060(c)(i) states,
"Proposals are similar if when viewed with other reasonably foreseeable actions, they have common
aspects that provide a basis for evaluating their environmental consequences together, such as
common timing, types of impacts, alternative or geography. This section does not require agencies or
applicant to analyze similar actions in a single environmental document or require applicant to
prepare environmental documents on proposals other than their own. (emphasis added)
The City of Bremerton Comprehensive Plan and adopted Environmental impact analysis considered
and encouraged increased development within the City of Bremerton. The Housing element
anticipates over 7,000 units to be built through development and re-development of City lots. One
method for redevelopment is filling in additional housing on existing lots. The time for appeal of this
GMA action is long past.
While WAC 197-11-060 (4)(e) does require the range of impact to be analyzed in an EIS to include
"Cumulative impacts" among others, those impacts are only those directly or indirectly within the
City's proposed Shoreline drive proposal which have been adequately analyzed in the. city's review by
the appropriate use of the Checklist format required by the BMC.
In conclusion, it was reported that cumulative impacts were considered for the geographic area as
proposed by the use of the checklist required by the BMC. Other areas are not within the city
proposal and their analysis is specifically not required by WAC 197-11-060(c)(i). Finally WAC 197-
11-680 (D) (vii) provides that the responsible official decision shall be entitled to substantial weight.
Comments made by Council Members:
Mr. Reed asked whether homes not meeting guidelines were built prior to the code or if the homes'
actually encroached upon the setback. Mr. Stricklin responded that the issue under appeal is
whether the EIS considered the impact of moving homes 5 feet forward or not. He clarified that a
person is not held accountable if a home were constructed prior to the code being written.
Mr. Shepherd pointed out that based on the checklist provided for zoning purposes, there has been
no increase in water discharges. He asked if the EIS would take into consideration any new
construction and any effects that construction would have on water discharge. Mr. Stricklin added
that the issue is establishing a setback and any new construction would have to go through
appropriate channels.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 4 of 8
Mr. McConnell asked for clarification on the current location of the homes. Mr. Stricklin answered
that a survey of the area showed that most of the homes are within 10 feet of the setback.
Mr. Farr received confirmation from Mr. Stricklin that the Washington Administrative Code requires
the City only to evaluate the impact of the area being proposed not the entire City.
Comments made by the Public:
Paul Scheyer wished for the Council to consider whether the decision will help or affect the majority
of the homeowners.
Helen Miller read a letter into the record in support of this appeal.
It is noted that David St. Pierre, Assistant City Attorney, advised the Council on several occasions
that discussion by the appellants must only address the Determination of Non-Significance.
Closing Comments:
Mr. Reed asked,the appellants if there is sufficient evidence to support the existence of significant
impacts where non-significant impacts were originally thought to occur. He did not receive a response
addressing that question. Mr. Scheyer reiterated that the burden of proof and findings of fact are the
responsibility of staff, and that part of the process has not been done.
#3008 M/SIC (McConnell/Reed) Move to deny the appeal to the City's issuance of a SEPA
Determination of Non-Significance (DNS) regarding the proposed Shore Drive zoning amendment.
Voted in favor of this motion: Rollman, Shepherd, Farr, Reed, McConnell, and Arerids
Abstained: Esser
Motion carried: 6-Yes; and 1-Abstention
Jim Reed left the meeting at approximately 7:00 P.M.
9A - APPROVAL OF AMENDED CDBG RECOMMENDATIONS (#AB00-287):
Debbie Peavler-Stewart, Department of Economic Development, stated that the actual 2001
Community Development Block Grant allocation is $594,000 and that funds amounting to $2,953.89
were recaptured from projects that were completed under budget. Recommendations regarding the
$44,000 in additional CDBG funds, $2,953.89 in recaptured funds, and $15,280.11 from the City's
Housing Rehabilitation Revolving Loan Program Income are as follows" $6,600 to KCR for
emergency and transitional housing services (overhead not included), $35,634 to the Department of
Community Development for Code Enforcement, and $20,000 to Olympic College Small Business
Development Center to continue the support of a portion of a salary of the Small Business
Development Specialist who provides training & technical assistance to micro enterprises in the City.
Barbara Day Miller of AGAPE thanked the Council for their support.
#3277 M/S/C/U (Farr/Esser) Move to approve the recommendations for the additional CDBG funds,
the recaptured funds, and program income as described.
Jim Reed was not available for the previous vote.
9B - APPROVAL OF REQUESTED "HOME" ALLOCATIONS (#AB00-288): Debbie Peavler-
Stewart, of the Department of Economic Development, announced that in order to improve the
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 5 of 8
number of owner-occupied propedies, the City of Bremerton has developed a policy stating that
HOME funds will primarily be used to support homeownership activities within the City. The City of
Bremerton has received 5 applications requesting funding under the HOME program. City staff
reviewed each application, and as directed according to the HOME policy, a panel consisting of the
Department of Economic Development staff and the Mayor interviewed each applicant relative to the
requested project. One application was determined to qualify under the Anderson Cove set-aside
that was previously approved by Council. The interview panel's recommendations relative to the
remaining four applications are addressed at this time.
Gordy Byrd asked how a person would apply for these funds. Ms. Pearlet-Stewart responded that
Marilyn Waibel may be contacted for information on the Down Payment Assistance Program at 478:
5375; and Julie Meyers may be called at 373-3697 for information on the CRC Program; and Habitat
for Humanity may be contacted at 479-3853.
Mr. Rollman asked how many families would be assisted with these funds. Ms. Peavler-Stewart
responded that depending on the combination of funds and the amount of the down payment, 3-5
families would be helped by each of the different types of funding.
#3580 MISIC/U (Shepherd/Farr) Move to approve the attached recommendations for funding under
the HOME program.
Jim Reed was not available for the previous vote.
TAPE #1742
9C - SOLE SOURCE LEASE/PURCHASE OF INVENSYS RADIO-READ METER METER
READING SYSTEM FOR THE WATER UTILITY (#AB00-289): Gene Sampley, Director of Public
Works & Utilities, reported that each year a portion of the water meters are converted to an Invensys
automated meter reading system. The conversion provides substantial savings and is nearly error
free. The system is 10% complete and at the current rate of conversion, it will take seyeral years to
complete system installation. The 2001-2002 budget includes completing the conversion in 2001 to
realize the benefits of the automated system at the earliest date. The pay-out for the conversion is
approximately 6 years. To maintain standardization and compatibility with existing equipment, it is
recommended that City Council authorize the sole source lease/purchase of the remaining Invensys
equipment in the amount of $1,990,630 plus applicable tax, from Western Utilities Supply Co., the
sole supplier of Invensys equipment.
John Becker asked (1) What the cost would be if a call for bid were placed during each phase of the
installation since technology and prices change; and (2) How many staff are being removed to
perpetuate this program; (3) What amount of funds would be allocated since this is a proposed lease
and purchase. Mr. Sampley responded that (1) Technology is current and that in order to be
consistent the City needs to make a choice of one type of technology, so bidding during each phase
would not be an option. Other options were considered but this particular technology will provide
substantial savings; (2) Currently, 3 staff positions are considered for reductions; (3)The amount of
funds to be allocated would include $1,990,630 plus applicable taxes. In closing, he noted he had
personally viewed the equipment, and was very impressed. Paul Drnjevic asked how long it would
take for the City to recooperate the money set aside for this expenditure. Mr. Sampley responded
that it would take 6-years.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 6 of 8
Mr. Farr stated that after hearing all of the information on this item, he believes that it will ultimately
save the rate-payers money.
Jim Reed returned to the meeting at approximately 7:17 P.M.
#0335 M/SIC (Farr/McConneil) Move to approve the sole-source lease/purchase of an Invensys
Radio-Read Meter Reading System from Western Utilities Supply Co. in the amount of $1,990,630.00
plus applicable tax and authorize the Mayor to execute a contract in accordance with established
policies and procedures.
Voted in favor of this motion: Esser, McConnell, Law, Rollman, Shepherd, Farr, and Arends
Abstained: Reed
Motion carried: 7-Yes; and 1-Abstention
9D - WATER SERVICE AREA AGREMEENT WITH ERLAND POINT WATER COMPANY(#AB00-
290): Gene Sampley, Director of Public Works & Utilities, briefly reported that each water system has
a designated service area for providing public water service. Bremerton's service area is described in
the City's approved Water System Plan. The Washington Department of Health encourages water
systems to obtain Service Area Agreements with neighboring water systems. Bremerton and Erland
Point have adjoining service area boundaries in the northwest section of the City's system.
There were no comments from the public.
#0495 M/S/C/U (Shepherd/Reed) Move to approve the Service Area Agreement with Erland Point
Water Company and authorize the Mayor to execute the same, subject to City Administrative Policies
and Procedures.
9E - MEMORANDUM OF UNDERSTANDING CONCERNING WATERSHED PLANNING (#AB00-
291): Gene Sampley, Director of Public Works & Utilities, affirmed that Watershed Planning has
been initiated in Inventory Area 15, which includes all of the Kitsap Peninsula. The purpose of
Watershed Planning as described in RCW 90.82 is to cooperatively plan and manage the uses of
Washington's water resources. The planning process will be in three phases: (1) Develop planning
parameters and schedule; (2) Technical assessment; and (3) Produce Watershed Plan. As a
member of the initiating governments, the City of Bremerton is involved in guidance of the planning
process by specifying the four scope issues (water quantity, water quality, in-stream flows, and
habitat), forming the planning unit, and developing the ground rules, as described in the
memorandum of understanding among the initiating governments. It was noted that this project
would be funded through a grant.
There were no comments from the public.
#0620 M/S/C/U (Reed/Esser) Move to approve the Memorandum of Agreement for Watershed
Planning and authorize the Mayor to sign, subject to City Administrative policies and procedures.
9F - CSO REDUCTION PLAN UPDATE, AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT (#AB00-292): Gene Sampley, Director of Public Works & Utilities, said that design
and construction of improvements in the Callow Avenue Basin will be partially funded by a
congressional appropriation administered by the Environmental Protection Agency (EPA). The total
available funds appropriated for this work is approximately $3,500,000. A requirement for receipt of
this funding is development of an Environmental Assessment lEA) for the area impacted by the
construction. This amendment adds scope of work and budget to the contract with HDR to perform
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 7 of 8
the required EA. Scope of work and budget is also included in this amendment for evaluation of
sanitary system flow data that the City is collecting in various CSO basins. The requested action
before the City Council is approval of a contract with HDR Engineering for an amendment to their
existing Professional Services Agreement. He also discussed an additional $26,800 for
environmental assessment services and an additional $15,000 for review of new data for the sanitary
sewer system.
In response to an inquiry by Mr. Shepherd, it was noted that a SEPA study would still be required.
There were no comments from the public.
#0779 M/S/C/U (Esser/Reed) Move to approve Amendment No. 1 to the professional services
agreement with HDR Engineering, Inc. for $41,800, and authorize the Mayor to execute the same.
9G - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH MARTEN &
BROWN (#AB00-293): Gene Sampley, Director of Public Works & Utilities, emphasized that Marten
& Brown is representing the City in the Tal Price/A & K Trust Lawsuit which is currently under appeal.
It was also reported that a second claim has been filed by A & K Trust. Additional services are .
required to address the appeal and potential additional litigation associated with this matter, therefore,
authorization is requested to amend the Professional Services Agreement with Marten & Brown by
$200,000 to a total of $325,000.
John Becker asked why these increases are not requested before they are needed; and will this
money be reimbursed. Mr. Sampley responded that the cost of litigation is not known until you are
done with it. It was noted that this trial lasted 1 week. He stated that he was not aware of the law
regarding third party lawsuits. Ms. Malanca responded to the questions regarding previous attempts
have been made, but the courts are reluctant to label a case "frivolous".
Mr. Farr asked (1) If there were any opportunities to settle this case prior to going to court, to save
these costs; and (2) And would future offers be brought to Council. Ms. Malanca responded (1)
There was an effort, but it came very late in the trial; and (2) She also noted that talks and
consideration are currently going on.
Ms. Malanca clarified for Mr. McConnell that the initial claim was $20 million but was later reduced
to $3 million, and was subsequently reduced drastically.
#1195 M/S/C (McConnell/Reed) Move to approve Amendment No. 2 to the Professional Services
Agreement with Marten & Brown an additional amount of $200,000 for a total not-to-exceed contract
amount of $325,000 and authorize the Mayor to execute the same in accordance with City policies
and procedures.
Voted in favor of this motion: Rollman, Shepherd, Esser, Reed, McConnell, Law, and Arends
Voted opposed to this motion: Farr
Motion carried: 7-Yes; and 1-No
9H - PROFESSIONAL SERVICES AGREEMENT FOR MEDIATION SERVICES: AND JOINT
REQUEST BY MAYOR AND COUNCIL FOR EXPEDITED JUDICIAL REVIEW (#AB00-294): Mayor
Horton submitted the request in order to resolve the on-going City Attorney issues and the difference
in opinion between the Mayor and Council regarding legislative and administrative functions. She
further proposed that the Mayor and Council jointly request an expedited judicial review of the issues
to include, but may not be limited to, the City Attorney employment issues and the Council's recent
motion to incorporate the City Attorney's staff and/or budget into the Council budget.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 8 of 8
John Becker asked if there was a list of specific questions that am going to be addressed; and what
would the cost be. Mayor Horton agreed that a framework of discussion does need to be
addressed, and that the cost at this time is unknown, but of course, efforts would be made to keep
these costs to a minimum.
Larry Dickerson provided his comments in support of this item.
Paul Drnjevic provided comments in opposition to mediation, stating that he believes the Charter
specifically addresses the Council's authority to deal with this issue. He did support the parties
getting together on their own to discuss issues, and supported the judicial review.
Mr. Rollman stated that Council was exercising their legislative authority to keep the City's legal
counsel intact. He asked if the action would enjoin the Mayor to Council for the process of mediation.
Ms. Malanca responded that the action would not impact the joint judicial review process by which
Council is following and that the agreement would address communication issues not legal issues. It
was also clarified that although the motion for judicial review was not necessary in light of the
declaratory action filed last week by the City Council, the request for an expedited judicial review was
advisable to seek an earlier resolution.
#1970 M/S/C/U (Shepherd/McConnell) Move to jointly request an expedited judicial review of the
issues.
#2072 M/S/C/U (Farr/McConnell) Move to approve joint selection of a mediator/facilitator and
scheduling of meeting dates.
Voted in favor of motion: Farr, Reed, McConnell, Law, Rollman, Shepherd, and Arends
Voted opposed to motion: Esser
Motion carried: 7-Yes; and 1-No
With no further business, meeting concluded at 8:20 P.M.
CAROL ARENDS, City Council President
City of Bremerton
CA/P J/Islcge
c: Normal Distribution; File