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HomeMy WebLinkAbout08/19/98 TAPE #1563 CITY COUNCIL MEETING MINUTES AUGUST 19, 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, August 19, 1998, at 5:30 P.M., with Council Vice-President Carlos Montgomery presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council President David Farr 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 Vice-President Montgomery and invocation given by Reverend William Wambsganss of West Side Baptist Church. Vice-President Montgomery made the following announcements: (1) The City Council held a 35-minute Executive Session prior to the Council meeting, 4:45-5:20 P.M., to discuss "Litigation". (2) The City Council held a 5-minute Executive Session from 5:20-5:25 P.M. to discuss "Personnel." CONSENT AGENDA None 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 #0033 MISICIU(Arends/Law) On August 19, 1998, the Council does approve for payment those vouchers included and further described as follows: 222799 through 222999 in the amount of $559,651.37; and Regular Payroll for the period ending August 15, 1998, in the amount of $752,170.00. COUNCIL MEMBER REPORTS Mr. Overson reminded everyone of the Swing City Committee's Arts & Crafts Show on August 22 and 23, which will include antique auto displays, etc. This event will be held on 4th Street and Pacific Avenue. Mrs. Arends reported that a segment of District #7 met on August 13, along with representatives from the Engineering Department, regarding the traffic signal at TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 2 of 11 the intersection of Callow Avenue and 1st Street. The meeting was well attended, and she extended special thanks to Gene Sampley, Public Works Director, and Lynn Price, Project Manager, for their participation. The resulting decision from that meeting will be continuation of that traffic signal until the Gateway project is farther along. Mr. Reed reported he received several inquiries about the traffic signal at Shorewood Drive and Kitsap Way, which has been an area of contention for several residents in that neighborhood. He followed up those cells with the Engineering Department and it appears they plan to recelibrate all stoplights from Marine Drive/Kitsap Way to Shorewood Drive shortly after the new lamps and poles are installed. one month due to a Public Works project. MAYOR'S REPORT Mayor Horton reported today a Press Conference was held to announce a new business coming into the City of Bremerton - 21" Century, which is a high tech research and development firm that will be relocating from the north central part of Kitsap County and expanding their operation. Getting this firm to Iocete in Bremerton was a collaborative process between the City of Bremerton, Port of Bremerton, and the Economic Development Council. Mayor Horton invited members of the City Council and the public to participate in a "Clean-Up" event on August 29, 9:00 AM - 3:00 PM; August 30, 11:00 AM - 3:00 PM; and August 31, 9:00 AM - 12:00 PM. Volunteers will meet at the City Hall gazebo at the start time each day to receive their assignments. Clean-up activities will include weeding, window washing, painting, etc. Anyone wishing to volunteer can call her office. Mayor Horton envisions this as an annual event, kicking off with the downtown area and expanding out to other parts of the commercial areas of the City, and possibly performing the clean-up prior to summer in future years. Mr. Shepherd asked if volunteers should bring gloves and garden tools, etc. Mayor Horton stated yes. Mayor Horton introduced Kitsap County Fair and Rodeo Queen Kimberly Miller. Queen Kimberly presented Mayor Horton with a hat, shirt, and pin advertising the Kitsap County Fair and Rodeo. She gave a brief rundown of the various events she has attended so far this year as the Fair and Rodeo Queen. She announced the fair starts August 25 and runs through August 30. The Rodeo begins the evening of August 25, and ends the evening of August 29. Mayor Horton announced Queen Kimberly had pins available for $1 each, which help TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 3 of 11 pay her expenses while on road trips representing the County. She encouraged everyone's support, Bob Batton, Chairman of Sister City Committee for Kure Japan, and member of Bremerton Central Lions Club, introduced the 1998 exchange students from Kure, Japan, as well as our returning exchange students who had recently returned from Kure. He thanked Mayor Horton for her tremendous support of this program. He also thanked Elaine Valencia for her 15 years of support. He announced next year will be the 30-year anniversary for this program, and a trip to Japan is being planned. He is looking for anyone interested in going on this trip, and more information will be provided soon. Mayor Horton read the following Proclamation: (1) AUGUST 29 - OCTOBER 4, 1998 as Washington Water Week 1998. She announced Kitsap Diving Association, Washing Sea Grant, Sinclair Inlet Citizens Action Committee, and the Kitsap County Department of Service and Stormwater Management will hold a clean up and beautification effort on September 19, 1998, 11:00 A.M. - 2:00 P.M. at the First Street Dock. PUBLIC RECOGNITION Gordy Byrd related an incident that happened to him at 2nd Street and Washington Avenue that involved his inability to walk fast due to his being disabled. Virgil Elkington, Bremerton resident and downtown business owner, referenced City Council Meeting Minutes of January 28, 1998, (Page 21) where Rich Rucker, representing the Commercial Group made the statement "They will work to bring local business into the project and if for any reason they are displaced, they will be assisted in relocating on the periphery of the project that would hopefully be satisfactory to them. If necessary, the project will fully fund their move and any loss of business." Mr. Elkington emphasized at that time the City Council voted unanimously to authorize the Mayor to sign the Master Development Agreement. In that meeting. He asked the City Council to cause the Sinclair landing Association and the Commercial Group to put in writing specifically how they will address the existing small businesses in the downtown area, how they will perform equity, how much they will pay, and how equity will be achieved. Elizabeth Buell, Bremerton Resident, announced petitions will be circulated again to put the vote of fluoridation on the November Ballot. James Payne, FBN Inc., explained his company had negotiated the purchase of a piece of City property and was at the point of closing the sale when 10-days TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 4 of 11 prior to closing he was presented a requirement to sign an Odor Easement Agreement. He was told that there had been several attempts to sell the piece of property he wished to purchase, but each of those sales flipped and was not sold. He questioned how long did the City want to continue holding the property. When he questioned the requirement for the Odor Easement Agreement, he was told the City was confident the Wastewater Treatment Plant would continue to operate in a proper fashion. He, nor did he believe anyone else, would be willing to write the City of Bremerton a "blank" check to run a bad facility; therefore he doubted anyone would want to purchase the property he was interested in. The main point of his being upset was the fact the added covenant did not become an issue until the sale was in escrow. His company would like to do more development in the Oyster Bay area, but they could not construct something and then sell it with such an attachment to the property. He was also concerned that they may be facing the same situation with a closing on a sale that was coming up on September 9, 1998. Carol Atkinson, Bremerton Main Street Association, announced the last Concert on the Boardwalk would take place on August 21, 1998, 6:00 - 8:00 P.M. The performing band will be "Cabin Fever." Ms. Atkinson extended special thanks to all of the concert sponsors. She was pleased to report the USS Bridge will be open for tours from 1 - 5:00 P.M., during the Blackberry Festival. Kitsap Transit will provide free shuttle service between the ship, Blackberry Festival, and the Bremerton National Airport. Mr. Shepherd asked if a Welcome Ceremony was also planned for the USS Bridge and USS Mt. Hood. Ms. Atkinson stated at the beginning of the Blackberry Festival on September 5 at 10:00 A.M., there would be Welcoming Ceremony for both ships. Del Knauss, Bremerton resident, stated the 7/21/98 Legal section of The Sun listed two small parcels owned by Sciepko & Lunde as being put up for auction for lack of payment. He requested written response to the following questions: (1) Has the sale of the Anderson Creek watershed land gone through, i.e., has the entire amount been produced by the buyer? What kind of protections has the City Council built into the sale of the watershed land to Sciepko, to ensure that he won't cut and run? (2) Is the Council concerned about planned access to that industrial land, would these foreclosures affect the proposed use by possibly preventing the northern, "primary access?" If the City's sale of the "surplus" utility land is not yet final, how can the City justify continuing this special deal with Mr. Sciepko when the original conditions, access, and contiguity, may no longer be present? (3) How is the City proposing to provide water and sewer to the Port Blakely area? Are sewer extensions, south, and north provided in the Capital Facilities portion of the City's plan? (4) What is the status of the City and County working out Memos of Understanding for the Urban Growth Areas and what will the public process be within the City for those agreements? (5) One month ago, TAP E # 1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 5 of 11 I asked questions regarding Council pay and what the Mayor's proposal was to correct it. The Mayor answered these questions and I'm requesting a copy of these answers in writing from the Mayor. (6) Based upon the answers that I have received it appears that everyone is in agreement that the Council pay has been handled improperly and did not follow state law. Can the taxpayers of Bremerton expect to see a refund from Council members for pay raises they should not have received if they would have followed state law. Or are laws only meant for the average citizens, not elected officials. (7) I read with interest in The Sun about the Mayor discussing the tight City budget at the Council retreat. Since we do have a tight City budget, is the Mayor going to forgo her automatic pay raise in 1999, and are we going to hold the line with department head raises in 19997 8A - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS' GUILD, #AB98-182 Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Officer's Guild. Those items the parties reached impasse on were submitted to arbitration. The findings of the arbitrator are final and binding on both parties. This process has resulted in the attached Labor Agreement. The new Labor Agreement's term is January 1, 1997 through December 31, 1999. Council approval is required to implement the new agreement. Jim Meith, Human Resources Manager, stated this is the conclusion of a long process of negotiations with the Police Officers Guild commending in July 1996. An impasse was reached on several items in December 1996/January 1997, which was declared under State law procedure for arbitration in February 1997. The actual arbitration was held in April 1998, which resulted in the arbitration award that the City received approximately two weeks ago, which has been incorporated into the subject Labor Agreement. Public comment - none. Mr. McConnell noted there was no mention of travel pay for serving on a jury in the agreement. Mr. Meith stated he believed the employee retains travel pay. Mr. Law stated as a point of clarification the City Council has been kept informed on the negotiations and arbitration process through Executive Sessions. #1356 M/S/C/U (Olsen/Law) Motion to approve the Labor Agreement by and between the City of Bremerton and the Bremerton Police Officer's Guild for the term of January 1, 1997 through December 31, 1999. TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 6 of 11 8B - BUDGET ADJUSTMENT TO SUPPORT SENIOR CENTER IMPROVEMENTS, #AB98-183 This adjustment will allow use of residual money ($7,400) previously allocated as Non-Capital for Senior Center improvements, to be combined with a very generous SUMS donation of up to $8,000. This new funding package will be applied to a capital project at the Senior Center that will convert the majority of an existing storage area into much needed classroom space. Jim Spencer. Director of Parks and Recreation, stated he was bringing a "good news" item to the Council through the use of funds in a non-capital fund and put together with the generous donations from the SUMS Group showing their genuine commitment to keep the Senior Center in the best condition possible. Public comment - none. #1477 MISICIU(Arends/McConnell) Motion to approve Budget Adjustment request No. 98-24. 8C - BID AWARD FOR SR304 TRANSPORTATION PROJECT/ASBESTOS REMOVAL NO. I TO NEW ENVIRONMENT CONTRACTORS, #AB98-184 Bids were opened for the SR304 Transportation Improvement Project, Asbestos Removal No. 1 on August 10, 1998. This is the first phase for the removal and disposal of asbestos in structures located within the SR304 Transportation Improvement Project. This contract will remove and dispose of asbestos from six separate structures occupying public right-of-way. Three bids for this project were received. New Environment Contractors, Inc. was the lowest responsive bidder with a bid of $34,838.44. The engineer's estimate for this project was $61,381. The action before the City Council is approval of a contract with New Environment Contractors for the Burwell Street Improvement Project. Gene Sampley, Public Works Director, explained the City went through a competitive process and had a low bidder that was responsive and qualified for the subject work. All firms doing this kind of work must be certified by the State and it is controlled by Puget Sound Air quality Control Authority. Public comment - none. #1581 MISICIU (Arends/Law) Motion to award the bid of $34,838.44 with New Environment Contractors for the SR304 Transportation Improvement Project, Asbestos Removal No. 1, and authorize the Mayor to execute the same. 8D - BID AWARD FOR 1998 RESERVOIR REHABILITATION ON RESERVOIR #6 TO COATING APPLICATORS, INC., #AB98-185 TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 7 of 11 Bids were opened for the 1998 Reservoir Rehabilitation - Reservoir #6 Project on August 10, 1998. One bid for this project was received. Coating Applicetors, Inc. was the only responsive bidder with a bid of $26,808.80. The engineer's estimate for this project was $27,025.00. This project involves cleaning and recoating Reservoir #6. The action before the City Council is approval of a contract with Coating Applicator's, Inc. for the 1998 Reservoir Rehabilitation - Reservoir #6. Gene Sampley, Public Works and Utilities Director, pointed out Reservoir #6 is located off of Werner Road and is in need of coating, which is essentially an appearance painting, but is a protective coating that is required to preserve the integrity of a reservoir. Coating Applications, Inc. has performed this type of work for the City in two prior years and the City was pleased with their work. This project is a particularly difficult due to its being an elevated reservoir and takes a lot of scaffold to complete the work. Public comment - none. #1723 MISICIU(McConnell/OIsen ) Motion to approve to award the bid of $26,808.80 with Coating Applicators, Inc. for the 1998 Reservoir Rehabilitation - Reservoir #6 Project, and authorize the Mayor to execute the same. 8E - BUDGET ADJUSTMENT/POSITION RECLASSIFICATION AND STAFFING CHANGE, #AB98-186 The 1998 Transportation Division Budget was approved for two Mechanics and one Mechanic's Assistant. Since that time, based on qualifications attained by the incumbent Mechanic's Assistant, his position has been reviewed by the Civil Service Officer and determined to be that of a Mechanic (see Classification study). The revised staffing and organizational charts show the original 1998 approved staffing and the proposed change. Gene Sampley, Public Works and Utilities Director, stated the position of Assistant Mechanic was reviewed approximately one year ago with the belief that the then Assistant Mechanic was qualified for a full Mechanic's rating. In that review it was determined that there were two additional classifications for certifications that needed to be completed before the individual could be fully certified as a full Mechanic. This was an assumption in preparation of the 1998 budget and since the individual did not attain that cedification, he has retained the title of Assistant Mechanic until he received those certifications this year. The Civil Service Officer again reviewed the position and as of July 14, 1998, he has been deemed qualified and performed the work of a full Mechanic. Therefore, staff recommends that the position be approved. Mr, Sampley pointed out there TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 8 of 11 would not be any financial impact to the budget since the $1,635.00 pay adjustment was available within the current budget. Public comment - none. #1842 M/S/C/U(Overson/Law) Motion to approve the change in staffing of the Transportation Division from two mechanic positions to three, deleting the Mechanic's Assistant position. It is also requested that the incumbent of this position be authorized pay at the Mechanic's level from July 14, 1998, the date the position was approved by the Civil Service Officer. 9A - ORDINANCE NO. 4634 {SECOND READING) AMENDING ORDINANCE NO. 4365, PROPOSAL: SHORELINE MASTER PROGRAM AMENDMENT; LOCATION: OYSTER BAY CHANNEL. #AB98-181 Phil Bern/, Director of Economic and Community Development, stated at the August 12, 1998 City Council meeting a presentation was made by Judy Johnson, Building Official, addressing this proposal. That presentation basically brought forth the recommendation of the Planning Commission. The Planning Commission held hearings and work sessions on this subject, considered staff input as well as public input, debated the issue, and sent forth their recommendation to the City Council. At that meeting, Ms. Johnson was asked a question, which he felt deserved a better response than what Ms. Johnson was able to provide at that time. That question was "the source for the Exhibit 3-5 (Map) that depicted the area that would be affected by this amendment. Ms. Johnson was asked the basis for the map and her response was somewhat unsure. Mr. Berry discussed this issue with his staff and determined that there was a basis for the map, which the Planning Commission considered along with the testimony, other information and knowledge and then forwarded their recommendation to the City Council. That information was contained within the Staff Report provided in the Agenda documentation (Attachments G, H, I and the Planning Commission's Meeting Minutes). Another point of clarification was the definition of "channel." Mr. Berry read the following definition of "channel" from Webster's New World Dictionary Second Concise Edition: "A body of water ioinincl two lamer bodies of water." He and his staff agree that definition describes the subject channel. In regard to the aerial photographs provided by Gerry Peret at the August 12th meeting showing the channel and both bays, they somewhat support the staffs earlier position on the definition of the "channel." In looking at the inclusion of specific properties into the channel and the channel entrance, it was staffs opinion that that boundary would include the Green property on the east and another property on the west. TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 9 of 11 At the August 12th meeting, there was some discussion about exclusion of some properties and whether it should be reviewed. Staff did do a site inspection and created a map based on what they believed to be Council's direction; and that map was made an addendure to the staff report. That map reflected a boundary that excluded three parcels on the west and the southerly-facing portion of the Green property on Oyster Bay. He stated as a point of clarification, staff stands behind reporting the recommendation of the Planning Commission as presented at the August 12th City Council meeting. Paul Halvorsen, Bremerton resident, stated at the August 12, 1998 City Council meeting he raised a general case of conflict of interest regarding Mr. Reed's vote on this issue, which could influence the value of his property. He was advised that there was no conflict of interest. On August 14, 1998 he visited the City Attorney's Office and obtained the paperwork that the City Attorney based her opinion. Since then he further researched the issue of conflict of interest and came upon the issue of the Common Law Conflict of Interest. The paperwork from the City Attorney's office did not include discussion of the Common Law Conflict of Interest. The Washington State Supreme Court, in 1909, recognized the Common Law Doctrine as old as the law itself, that one should not judge his or her own cause ( Smith v Centralia 55W. 573,104PAC.797.) He encouraged the City Council to request the City Attorney to review the case noted above and reassure herself, the City Council, and him regarding no conflict of interest exists in the subject before the City Council and if further matters of similar kind are voted on will not be invalidated because of an erroneous position. Glenna Malanca, City Attorney, pointed out to the Council the amount of time, thought and effort that had gone into the determination that a conflict of interest does not apply to a zoning issue before the Council relating to a Council member. This issue has gone on for a number of months and the concern of a conflict of interest was raised early on. As a cautionary measure, she contacted Municipal Research Center Legal Department, who thoroughly reviewed the codifed Conflict of Interest 1909 statute. Bob Meinig of Municipal Research agreed that the interest Councilman Reed may or may not have would not prohibit the voting in this type of proceeding and additional any potential financial interest was too removed for the application for the Conflict of Interest Doctrine. Suzanne Holland, S. Marine Drive resident, asked if the City Council would vote on the amended map. She referenced a comment made at the August 12, 1998 City Council indicating the belief that the fights to keep piers and docks out of the channel is just a neighborhood squabble. It most directly affects those who live on the channel, but the big issue is the private use of public waterways, which is clearly violation of the Public Trust. Property rights are being able to develop one's property according to current regulations. Not being able to construct a dock does not stop someone from using his or her property. One's TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 10 of 11 property cannot always be what one may want it to be. She expressed her opposition to excluding properties on the southwest part of the channel from the prohibition. The current wording in the SMP is too vague to prevent challenges when permits are denied. The City has spent thousands of hours and dollars processing applications and handling appeals, they are asking for the changes to the SMP to stop this. She questioned why would the City Council want to exclude properties so clearly in the channel from this prohibition. Gerry Peret, Marine Drive resident, stated her concerns about changes at this time centered on any likelihood of the proposed Resolution being contaminated by the process. She asked the City Attorney's opinion "restricted" verses "prohibited." It was her understanding that Sections 1 and 2 of the ordinance read "prohibited," but that there are other points in the document that read "restricted," which to her would mean a dramatic difference. She asked if the revised map was complete showing the southern most tip of Mr. Green's property on the southeast side as being unaffected. She stated for clarification that the channel was misidentified as Oyster Bay Channel. It is a channel between two bays. She agreed with Mrs. Holland's comment that Mr. Green's property was part of the channel. Tim Olson, Bremerton resident, stated this issue has been going on well over two years and all the papers, documents, maps, and properties have been addressed with the assurance from the Department of Economic and Community Development and City Attorney, that all the processes and procedures had been followed to the letter of the law and that everything is intact with the assurances the amendment will past the test for all requirements. If there was consideration to change the map or any of the documents, he would again ask for assurances that all procedures and processes had been followed. He questioned if a change was made to part of the ordinance would it require starting the process back through the Planning Commission? Bernard Holland, S. Marine Drive, stated he also does not want this action thrown out and processed for a third time. This issue has been time consuming for both the citizens and the City and if changing the map will give credence to a challenge, then he suggested Council not change the map. At the north end of the channel at the end of Madrona Point it is quite rocky and dangerous for boats. At the southern end there is a sandbar, which also could be an inconvenience if someone runs aground, but the boating lane is closer to the land away from the point so if a dock is allowed to go into that area boats would be put in harms way. He recommended that Council maintain the original drawing as voted on August 12, TAPE #1563 City Council Reg. Mtg. Minutes August 19, 1998 Page 11 of 11 Mr. Law suggested City Council members express their views regarding the revised map prior to asking the City Attorney or Director of Department of Economic and Community Development to respond to comments made by the public. #2868 M/S/C(Overson/Law) Motion to pass Ordinance No. 4634 on second reading, as proposed, amending the City of Bremerton Shoreline Master Program adopted by Ordinance No. 4365, to restrict docks and piers in the channel between Oyster Bay and Ostrich Bay. Vote on Motion: In Favor: Arends, Montgomery, Overson, Law, McConnell, Olsen Opposed: Reed, Shepherd Motion carried. With no further business meeting adjourned at 6:53 P.M. City of Bremerton PJ/CM/me C: Normal Distribution FileNault