HomeMy WebLinkAbout07/01/98
TAPE#1552
CITY COUNCIL MEETING MINUTES
JULY 1,1998
The regular 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 July 1, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen.
Councilman Mike Shepherd was absent. Also present were City Attorney Glenna
Malanca and Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Reverend Cleveland Williams of Ebenezer A.M.E.
Church.
President Farr made the following announcements:
(1) The City Council held a Study Session prior to the Council meeting to
discuss general Council business.
(2) The City Council held a Study Session from 5:00 - 5:05 P.M., in the
Council Conference Room. Topic of discussion: "Response To Public
Participation presented by Glenna Malanca, City Attorney."
(3) The City Council held a 20-minute Executive Session to discuss "litigation
issues.
(4) The City Council held a 30-minute Executive Session immediately
following the City Council meeting, in the Council Conference Room.
Topic of discussion: "Personnel."
CONSENT AGENDA
A. Purchase of Two 36-Inch Butterfly Valves from Western #AB98-143
Utilities Supply Company
#0051 MISICIU(McConnell/Montgomery) Motion to approve the 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.
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 2 of 11
#0081 M/S/C/U(Montgomery/Arends) On July 1, 1998, the Council does approve
for payment those vouchers included and further described as follows: EFT 4886,
221229 through 221231, 221247, 221249 through 221518 in the amount of
$1,265,292.64; and Retirees' Payroll for the period ending June 30, 1998, in the
amount of $101,164.13.
COUNCIL MEMBER REPORTS
Mr. Law announced Council Districts #1, 2, and 3 will host the annual FIRE
DEPARTMENT ON PARADE in conjunction with the Perry Avenue Mall "Family
Fun Day" on July 18, 1998, 10:30 A.M. to 1:30 P.M. There will not be a Tuesday
evening District #3 Neighborhood Meeting in July.
Mrs. Arends announced the Bremerton School District is forming another Focus
Group that will look at the Facilities Committee Report in more depth and review
questions. The general public is invited to a meeting on July 8, 1998, 5:30 - 7:00
P.M., at the Bremerton School District Administration Office, 134 N. Marion
Avenue. Information on the Focus Group and the meeting can be obtained by
calling 478-5105 or writing to the Bremerton School District Administration Office.
She noted Council Districts #6, #7 and #8 would hold a joint Neighborhood
Meeting on July 9, 1998, at the Bremerton School District Administration Office.
Mr. Reed reported earlier in the week he was contacted by a young man, who
was concerned about the re-installment of three no-wake buoys in Kitsap Lake.
After a conversation with Jim Spencer, Director of Parks and Recreation, he
assured Mr. Reed that he would have the buoys reinstailed prior to the holiday
weekend.
Mr. Farr extended an open invitation to attend the combined Districts #-6, #7, and
#8 Neighborhood Meeting on July 9, 1998, 7:00 - 9:00 P.M., at the Bremerton
School District Administration Building on Marion Avenue. The subject of that
meeting will be a continuation of the "Law and Justice" presentation that was
made by Henry Mincey approximately two months ago. The guest speakers will
be Bremerton Municipal Court Judge James Docter and Russ Hauge, Kitsap
County Prosecuting Attorney.
MAYOR'S REPORT- NONE
PUBLIC RECOGNITION
Don McDaniel, Corporate Relations Manager for Puget Sound Energy (PSE),
thanked the Council members that took advantage of the National Guard-For-A -
Day Trip to view Army maneuvers at the Yakima Training Facility, which included
a helicopter ride and lunch with the troops. He anticipates new legislation will be
forthcoming restructuring the Utility industry this next Legislative Session. Their
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 3 of 11
commercial and industrial customers have told them they would like access to
the open marketplace. PSE will support that legislation, if it arises, providing that
it also includes some provisions for prior obligation to those resources that were
built on their behalf so that the rest of us do not have to pay for them. PSE has a
pilot program for retail willing customers in Bremerton and surrounding Kitsap
Area; however, there was not a great response to that opportunity. He
emphasized the need to ensure the residential marketplace will have the
opportunity for open access and that there will be benefit objectives. At the very
minimum, he believes the citizens should have access to any low cost regional
energy resources whether it is produced by a private utility or Bonneville Power
Administration, because the public has paid for those resources through payment
of taxes. At this time he did not know what the new legislation might look like,
but there may be a time when he would need to enlist the assistance of a
combined voice of the community to make sure the State Legislators understand
the needs of local citizens in Bremerton and Kitsap County, who may be subject
to the end result of legislation regarding deregulation. He will provide regular
updates to the City Council and the public, as legislation becomes a fact of life
with some analysis and his recommendation, if there is support needed from the
community. PSE filed a program with the Commission that has been underway
throughout parts of Kitsap County that allows development of partnerships with
local residents to remove dangerous trees on their property at PSE's expense in
order to provide more reliability for delivery of electrical services. He
acknowledged the importance of involving local political leaders and the
community as well when developing reliability programs, which provide a
stakeholdership between the consumer, political leaders within the community
and Puget Sound Energy. President Farr suggested Mr. McDaniel make a
presentation at a future Council Study Session.
Elizabeth Buell asked if she understood correctly that the Neighborhood
Meeting for Council Districts #6 #7, and #8 would be held on July 8. Mrs.
Arends stated for clarification that the Bremerton School District was holding a
meeting on July 8, 1998; the join Neighborhood Meeting would be held July 9,
1998.
Virgil Elkington, Brernerton resident and downtown business owner, asked what
would happen to the small businesses in the downtown area when the Sinclair
Landing project comes into being. He met with Mayor Horton to discuss that
issue, but he felt he had been told nothing. It was suggested that he talk with the
Sinclair Landing Association, which he did, but their response was they were not
providing oversight on that issue and suggested he speak with the City Council.
He was pleased that his concern was noted by THE SUN and resulted in an
article and editorial. He supports the Sinclair Landing Project, but at this point it
does not clearly define the project boundaries. He emphasized one of the basic
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 4 of 11
basic business functions of any small business or even a City Council is to have
short and mid-term strategic planning. Without that kind of planning, a small
business will suffer. He asked the City Council to look at the downtown
businesses, who are making money, paying taxes, and acknowledge that they
deserve some concern. If the Sinclair landing Project displaces small
businesses, he felt that responsibility should be placed on the Commercial
Group.
Tom McDonald, Owner of Quality Tire, expressed concern over lack of
communication within the City involving two issues. On the evening of June 30,
1998, his vehicle was stalled and he call the Police to notify them he would have
it repaired and moved by the next morning; however, he was given a parking
ticket. It was his understanding that the Police would pass on the information
that he had informed them of the vehicle problem and when it would be resolved.
Secondly, he is refurbishing a building at 5th and Naval, which will house his
business that has been located at and Washington. He was under the
assumption that once a Building Permit had been signed off an Occupancy
Permit would be issued. City personnel made the following comment to him:
"Your right on the Mayor's way home, we're going to keep an eye on you." On
June 30, 1998, he was in the Permit Office and a lady made the comment "you
don't want us to get mad at you do you?' He felt such comments were
inappropriate to someone trying to develop something in Bremerton. He related
an incident where he removed one driveway; however, the Engineering
Department notified him that he would have to put the driveway back in and must
obtain a $21.00 permit, which he felt was acceptable. He had to take out a tree
to replace the driveway. When the Building Inspector visited the site a few days
later, he informed Mr. McDonald that he was shy one tree and his response was
due to the Engineering Department's requirement a tree had to be removed and
there was not another place to plant it without it blocking vision of traffic coming
on to Naval Avenue. The inspector insisted and within 30 minutes he had a tree
so that he could sign off on the permit. After getting all the signatures on the
Building Permit, he went to the Permit Office to get his Occupancy Permit and
was told they had another list of outstanding requirements, which he viewed as
"nit-pick" type stuff, i.e., such as a temporary gate he erected during construction
that would be removed. He was told that before he could get his Occupancy
Permit he must obtain his Business License, however, when he asked to have
his license transferred he was told he must have his Occupancy Permit first. He
was not criticizing Judy Johnson, the City's Building Official, but the
communication between departments has to improve so that it doesn't chase
small businesses out of the City. President Farr stated a lot of hours have been
spent on trying to make sure the Permitting system in Bremerton is as good as
any other place and that communication is essential to make those operations
smooth.
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 5 of 11
Fire Chief AI Duke wished the City Council, Mayor Horton and the citizens of
Bremerton a "Happy 4th Of July." He reminded everyone that the discharge of
fireworks is only allowed on July 4th from 11:00 AM to 11:00 PM.
Legislative Report on questions raised at previous Council meetings:
June 24, 1998
Del Knauss questioned the legality of City Council members' salary increase,
which was implemented upon action by the Council Salary Commission. He
asked what action is the City Council going to take to correct the way they are
receiving their pay raises and when? He also questioned how many Council
members and the Mayor had accepted free tickets to events at the Admiral
Theater. If the answer was yes, did that present a conflict for Council members
voting on funding issues concerning the Admiral Theater?
Administrative Response: The City Attorney provided the following statement:
1. "The Mayor is considering options to present to the City Council on Council
pay increases. The Administration agrees with Mr. Knauss' assertion that the
City Council cannot adopt a pay increase for sitting members.
2. Mr. Knauss poses a general concern regarding the possibility of receipt or
use by the City Council of free tickets to the Admiral Theater. In response to
his question as to whether this would create a conflict; this office has no
reason to believe a conflict exists. Significantly more facts and
circumstances would have to be determined and considered to make an
analysis of this speculative concept. The concept of conflict of interest is
based upon economic benefit to the official, usually through a contract."
Mr. Knauss commented on the recent resignation of Ron Hough, a City Planner,
and the apparent takeover of those responsibility by the Mayors Office, primarily
Terrie O'Neill, Municipal Services Coordinator.
Administrative Response: Mayor Horton identified the fact that Judy Johnson,
the City's Building Official, was named the Interim Acting Director of Community
Development in February. Ms. Johnson served in that capacity until the new
Director of Economic and Community Development was hired. Terrie O'Neill, the
City's Municipal Services Coordinator, who also works on annexations, was
involved in the discussions relating to Kitsap County's Comprehensive Plan
process involving urban growth boundaries.
President Farr stated he received several telephone calls from residents in his
District complaining about the illegal discharge of fireworks. He asked Police
Chief Du Fresne to explain the procedure the public should use to report such
activities. Police Chief Paul Du Fresne stated the usual response to illegal
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 6 of 11
discharge of fireworks from residents is to call 911 and it is very helpful if they
have a description of the person setting off the fireworks. This is a very busy
holiday weekend and there will be extra police personnel on duty, so there may
be a slight delay in responding to those calls. If the situation is of a minor nature
and the person calling does not want to the Police to respond, then they will be
added to a list for a later patrol. Mr. Overson stated his neighborhood could
attest to the success of that procedure. He complimented the Patrol Officers and
Sergeants in charge for responding to the needs of the citizens. Mr. Reed
expressed concern that fireworks can be sold during a week's timeframe, but it is
only allowable to discharge it on one day. He felt such a restriction might have
created some of the problem.
8A - APPOINTMENT OF JERRY GRIGGS TO THE PLANNING
COMMISSION, #AB98-144
There is a vacancy on the Planning Commission. It is recommended Jerry
Griggs be appointed to fill the vacancy.
Mayor Lynn Horton stated Mr. Griggs was the former Property Manager at View
crest Gardens. She noted Police Calls and Patrol reports indicated View Crest
Village Apartments received very few calls. She also noted that facility has been
well maintained, which she believes is a real credit to Mr. Griggs management.
He understands about the community and how to operate a good housing
development. Mayor Horton believes he can bring that same sense to the
Planning Commission. Now that he is retired, he can give whatever time is
required to perform the duties of a Planning Commissioner. Mr. Griggs is a
member of the Lions Club.
Public comment - none.
Mr. McConnell expressed his appreciation for the additional background data on
Mr. Griggs. Mr. McConnell resides near the View Crest Village Apartments and
he agrees that it is well maintained and one did not hear a lot of Police sirens in
that area,
Mr. Overson stated anyone who has worked with Mr. Griggs quickly
understands he is a top quality individual and would be a grand addition to the
Planning Commission,
#1392 MISICIU(McConnell/Montgomery) Motion to confirm the appointment of
Jerry Griggs to the Planning Commission.
AB8B - PURCHASE OF 1,630 LINEAR FEET OF 36-INCH AND 24-INCH
DUCTILE IRON PIPE FITTINGS FROM U.S. PIPE & FOUNDRY COMPANY.
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 7 of 11
INC. (PHASE 1 OF THE 36-INCH WATER TRANSMISSION MAIN-GORST TO
RESERVOIR ff.4 PROJECT), #AB98-145
1,630 linear feet of 24-inch and 36-inch ductile iron pipe and fittings are being
pre-purchased for incorporation into Phase 1 of the "36-Inch Water Transmission
Main-Gorst to Reservoir 4" project. The pre-purchase of the pipe and fittings is to
allow them to be on site for construction in coordination with the Corrosion
Control Facility. The contract to construct the waterline (including ordering the
remainder of the pipe) is expected to be advertised the week of July 13, 1998.
Bids for purchase of the pipe and fittings were opened on June 19, 1998. three
bids were received. the low bid, from U.S. Pipe and Foundry Company, Inc., was
$291,226.42, including Washington State Sales Tax. The engineers estimate is
$305,000. the action before the City council is approval of the Purchase
Agreement with U.S. Pipe & Foundry Company Inc.
Tom Knuckey. Engineering Department, stated the pipe would be turned over to
the construction contractor that will be constructing the transmission line. The
reason behind pre-purchasing the pipe is to coordinate the construction that will
occur at the same site as the Corrosion Control and Fluoridation facility.
Public comment - none.
Mr. Reed questioned if in the event the opposition to fluoridation implementation
prevails, will the transmission main still be constructed? Mr. Knuckey stated
yes.
#1543 M/S/C/U(Montgomery/Olsen) Motion to approve the Purchase Agreement
with U.S. Pipe & Foundry Company Inc., for $291,226.42, for 1,630 L.F., of 36-
Inch and 24-Inch Ductile Iron Pipe and Fittings, and authorize the mayor to
execute the same.
8C - ACCEPTANCE OF WASHINGTON STATE TRAFFIC SAFETY
COMMISSION GRANT. #AB98-146
Request the approval and acceptance of the Washington State Traffic Safety
Commission Grant funding for the Bremerton-Kitsap County DUI Taskforce. The
grant is in the amount of $28,462.00. the Task Force attempts to reduce the
incidence of impaired driving through education and enforcement. It is a joint
cooperative effort with the Washington State Patrol, Kitsap County Sheriffs
Office, and all County municipal jurisdictions.
Lynn Drake, Community Resources Division, stated the taskforce has been in
place for nine years and it has made a difference. In 1998 there have been only
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 8 of 11
six fatalities throughout the County compared to other counties of a similar size
and population that have had 30+ fatalities.
Public comment - none.
Mr. McConnell noted the Budget Adjustment reflected only $14,231.00 yet the
grant amounts to $24,462.00. Ms. Drake explained the Taskforce runs on the
State's year, which is July - June, and the City's year runs from January -
January, so the request covers the next six months. Mr. McConnell asked if
another Budget Adjustment would be required at the end of six months. Ms.
Drake stated yes.
Mr. Overson complimented Ms. Drake on a very pro-active program and an
excellent use of public funds. He is encouraged with the continued success of
this program.
#1721 MISICIU(Montgomery/McConnell) Motion to authorize the Mayor to sign
grant contract, and approve Budget Adjustment #98-23.
8D - PROFESSIONAL SERVICES AGREEMENT WITH BUMGARDNER
ARCHITECTS FOR PHASE ii DESIGN SERVICES FOR A NEW CLUBHOUSE
AT THE GOLD MOUNTAIN GOLF COMPLEX. #AB98-147
In 1997, the Gold Mountain Golf Complex did just under 115,000 rounds from a
clubhouse that was considered inadequate before the new Olympic Course
opened. The current clubhouse is in poor condition with its leaky roof, failing
heaters and air conditioning, shortcomings relative to ADA requirements and
general lack of space.
Requests for Statement of Qualifications from interested architectural firms went
out in September of 1997, to design a new clubhouse. Twenty-three firms
responded. this group was short-listed down to five, and each interviewed at the
end of October. the Bumgardner Architects were selected. reference checks
were made and proved very favorable.
Phase I (Pre-Design) has been completed and we are ready to proceed with
Phase II. this Phase will include Project Administration, Design, and
Construction Procuremerit Services. Costs were derived by applying the NE
Fee schedule specified in the "Guidelines for Determination NE Fees for Public
Building Projects in Washington State" to the estimates reached during the pre-
design phase. The costs associated with Phase II are not to exceed
$178,665.00.
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 9 of 11
Jim Spencer, Director of Parks and Recreation, stated a great deal of effort has
gone into getting this project to this point and that there is a great need. The by-
product of the next step will be definitive documents that will allow the project to
go out for bid. He anticipates the timetable for the scope of work to be done by
the end of 1998, so that construction can begin in 1999 and target a completion
date in fall of 1999. An extensive amount of work went into the pre-design phase
and resulted in a fairly comprehensive report that quantified the project in terms
of square footage, location, dollars, etc. He urged Council to support this next
major step.
Public comment - none.
Mr. McConnell stated this is a project that has to go forward due to the rotting
walls, moister damage in the Pro Shop and roof damage to the current
clubhouse.
Mr. Montgomery stated if we have a class golf course we need a quality
clubhouse and he'll give 100% support to this proposal.
#2002 MISICIU(McConnell/Montgomery) Motion to authorize and direct the
Mayor to execute the Professional Services Agreement with the Bumgardner
Architects to provide the services as described in Exhibit A of the Professional
Services Agreement.
8E - 1999 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME POLICY
PLAN, #AB98-148
Attached is the draft 1999 CDBG/Home Policy Plan which was initially presented
to the Council during a Study Session on June 1, 1998.
The Plan identifies the CDBG rules and regulations, as well as the City's
allocation process.
A letter announcing availability of the plan was sent to all persons and
organizations who have indicated an interest in the CDBG and Home programs.
A copy of the Plan was sent to those requesting it. A public meeting to discuss
the Plan was held July 16, 1998. We have received no negative comments.
Debbie Peavler-Stewart, Department of Community Development, stated she
had nothing further to add, but would answer any questions.
Public comment - none.
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 10 of 11
#2109 M/S/C/U(Arends/Montgomery) Motion to approve the 1999CDBG/HOME
Policy Plan as presented.
9A - ORDINANCE {FIRST READING) ADOPTING THE 1997 EDITIONS OF
THE UNIFORM CODES AND STATE BUILDING CODES, AND AMENDING
CHAPTER 17 OF THE BREMERTON MUNICIPAL CODE, #AB98-149
The proposed ordinance amends B.M.C. Chapter 17.04 to adopt, by reference,
the 1997 editions of the Uniform building Codes and State Building Codes.
Judy Johnson, Building Official, stated usually every three years the City adopts
the current cycle of Building Codes. This particular code is in its 75th year and
this may be the last time Council will see this particular series of codes because
of a proposed National Code that would be adopted starting in year 2000. At that
time, she expects to bring forward a new proposal. The proposed codes do not
pose any significant changes other than those mandated by the State, which the
City must adopt. No major changes are being made, except single family
residential homes that are 4,000 sq. ft. or less are not required to purchase a re-
roof permit.
Public comment - none.
Mr. Olsen asked if the Home Builders Association voiced displeasure or
approval of the proposed codes. Ms. Johnson stated she talked with their
Executive Director Earl Castle and he indicated they wished they could have had
a significant amount of time to review the codes. However, he did not have a
problem with what he had already seen or what was discussed with Ms.
Johnson. The City did not go the same way as Kitsap County... the City's
proposal is a "status quo" without any enhancements. Mr. Olsen noted the fees
were being raised. Ms. Johnson explained the fees were raised by
approximately 14% over the 1994 fees. The 1997 fees were not adopted as
proposed in the codes.
President Farr asked Ms. Johnson if she had an understanding how the City's
fees compared with the County or other surrounding cities. Ms. Johnson stated
the City is between 2-4% less than Kitsap County for residential. Kitsap county
does not charge for Plumbing or Mechanical fees; however, the City does charge
those fees. She did include in the Agenda documentation a comparison with
Kitsap County fees. The City's fees are slightly less than the County's current
Building Permit fees.
Mr. Montgomery pointed out the City does not charge an Impact Fee and the
City's fees are basically cheaper.
TAPE #1552
City Council Reg. Mtg. Minutes
July 1, 1998
Page 11 of 11
#2421 M/S/C/U(Montgomery/Arends) Motion to approve Ordinance, on first
reading, adopting the 1997 editions of the Uniform Codes and the State Building
Codes and amending Chapter 17.04 of the Bremerton Municipal Code.
President Farr thanked the TV crew for their services: Robert Neal, Bob Stohler,
Melody Zapata, Very Herrick, and Jan Greenwood.
With no further business meeting adjourned at 6:35 P.M.
City of Bremerton
PJ/DF/me
C: Normal Distribution
FileNault