Loading...
HomeMy WebLinkAbout05/21/97 TAPE #1465 CITY COUNCIL MEETING MINUTES MAY 21, 1997 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, May 21, 1997, at 5:30 P.M., with Council Vice President Richard Neville presiding. Council members present were Bob Winters, Carlos Montgomery, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Council President David Farr and Council member Sherril Huff-Menees were absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council Vice President Neville and Invocation given by Reverend Gordon Hanstad of Sylvan Way Baptist Church. 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. #0025 M/S/C/U(Colvin/Montgomery) on May 21, 1997, the Council does approve for payment those vouchers included and further described as follows: 209010, EFT4251, 209033 through 209193 in the amount of $273,411.76; and Regular Payroll for the period ending May 15, 1997, in the amount of $736,979.59. COUNCIL MEMBER REPORTS Mr. Colvin thanked those involved with the Armed Forces Day Parade. He recently toured the Kitsap County Historical Museum and believes it will be a great attraction for the city of Bremerton. He congratulated Sylvan Way Baptist Church on their 50th Anniversary and extended a special "Welcome" to the new minister of the Sinclair Missionary Baptist church. Mr. McConnell reported he received several telephone calls from residents expressing their concern that sidewalks are being eliminated along Sylvan Way. He assured the public that the sidewalks will be enhanced over present sidewalk conditions. Mr. Law expressed his appreciation of those attending his District #3 Neighborhood Meeting on May 20. The next District #3 Neighborhood Meeting will be held June 24 and he anticipates having the data relating to the final location of the Manette Bridge replacement. TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 2 of 10 Mr. Overson stated he was pleased to learn that the Doctors' Clinic Administration office would be moving to the downtown area. He complimented City staff members Ron Hough and Kay Wilson for their involvement in the development of the Harrison Neighborhood Plan. Mr. Montgomery reported on May 15 he attended the memorial service for fallen Police Officers held at Evergreen Park, and later that day he attended the Public Works & Utilities' Open House at the Public Works facility on Oyster Bay Road. He enjoyed the Armed Forces Day Parade on May 17, and was impressed with the large turn out of parade entrants and the sunny weather. He also attended a candle lighting ceremony at noon on May 20 in remembrance of Memorial Day. Mr. Winters reported the Ad Hoc Telecommunications Committee will meet again on May 27, 6:30 P.M., in the Council Conference Room. He commended all of the Committee members for their participation in the committee meetings held to develop an ordinance addressing the issue of telecommunications in the City of Bremerton. On Friday he attended a Downtown Seattle Business Association luncheon meeting that drew 800 attendees. He too enjoyed the Armed Forces Day Parade. He and his son are looking forward to a cruise aboard the USS Nimitz on May 24. Mr. Neville thanked everyone involved in putting on the Armed Forces Day Parade and those who attended and enjoyed the parade, which he felt was the best ever. MAYOR'S REPORT Mayor Lynn Horton echoed the sentiments expressed by the Council regarding the Armed Forces week of activities. Mayor Horton read the following Proclamations: (1) JUNE 1-7, 1997, as MANAGEMENT WEEK, which was accepted by Dennis Cox, President of National Management Association. (2) MAY 18-24, 1997 as EMERGENCY MEDICAL SERVICES WEEK, which was accepted by Stan Plyler, Bremerton Fire Department. Merrill Wallace, Director of the Bremerton Housing Authority, announced the City of Bremerton, Bremerton Police Department, and Housing Authority are the recipients of the Pacific Regional Award For Innovative Services for the joint effort of the Westpark Criminal Trespass Program. This award was announced at the NAROW Pacific Northwest Regional Council Annual Conference, which was held in April. Clarence Nelson, Housing Development Manager, outlined the intent of the Westpark Criminal Trespass Program thereby providing a safer environment for their residents. Police officer Steve Emm, Community Police Officer for the Bremerton TAPE #1465 city Council Reg. Mtg. Minutes May 21, 1997 Page 3 of 10 Housing Authority, briefly explained how the trespass program has been able to keep non-Westpark residents, who commit crimes or became disorderly, out of Westpark. To date, over 120 trespass warnings have been issued, and very few of those receiving the warnings have returned; however, those that have returned have been arrested for violating the policy. He has served as a Police officer for 17 years and served on various boards, i.e. Crime Prevention and Crime Stoppers where policies were developed, but he has never seen anything so cooperative within his career than as a Police Officer working with the Housing Authority and the other governmental agencies involved in administering the policies under this program. Mr. Wallace officially presented Mayor Horton and Police Chief Paul Du Frensne the above noted award. Mayor accepted the award and noted something that makes this award more special is the fact that a few years ago the City's relationship with the Bremerton Housing Authority was in need of some resuscitation. Initially, the City had a contract with the Housing Authority for police services that was lost to Kitsap County Sheriff's Department, and then eventually regained. Both she and Police Chief Du Frense felt it was important to regain that contract, and to handle it more in line with what the Housing Authority wished to accomplish. She thanked everyone involved with making that relationship what it is today. Police Chief Du Fresne echoed Mayor Horton's comments, and sees it as the power of community policing and problem solving on the part of Police Officers, the community, and other governmental entities. This is just one example of one of the areas being focused upon to solve problems and working collectively with the community. PUBLIC RECOGNITION Reverend Cleveland Williams, Ebenezer A.M.E. Church, expressed appreciation to 500+ individuals, who attended the first annual Armed Forces Gospel Concert held at the Bremerton High School Performing Arts Theatre on May 18. Roy McInnis, Bremerton resident, announced the Sinclair Missionary Baptist church is putting together a special celebration honoring their Pastor, Reverend Earl E. Echols, which will include a souvenir Booklet comprised of local advertisement. Anyone wishing to advertise in the booklet can contact Mr. McInnis at 373-3170 (Church Office) or 377-9217 (residence). Carol Atkinson, Bremerton Main Street Association, announced the next opportunity for installing bricks and granite blocks on the boardwalk will hopefully be the week of May 26, weather permitting. Planning is underway for the summer Concerts on the Dock. Soon she will be making some announcements about the upcoming Blackberry Festival scheduled for Labor Day weekend. She congratulated the Bremerton Area Chamber Of Commerce for the great job they did on TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 4 of 10 the Armed forces Festival. 7A - POLICY APPROVING EMPLOYER CONTRIBUTIONS FOR COUNCIL MEMBER PERS SERVICE CREDIT, #AB97-106 As elected officials, Council members have the option of participating in the Public Employees Retirement System. Members may elect to join for their current term by paying past employee contributions, plus interest, with the City paying the employer's contributions. Council members may also elect to establish membership and service credit from the beginning of any previous term served. The employer's contribution for these previous terms may be paid by the City. To date, the Council has not exercised its discretion on paying the employer's contribution for prior terms. The motion approves City payment for years of service prior to the current term of office and directs the Council President to approve a written policy to this affect. Ian Sievers, City Attorney, stated, as expressed by several Council members, there has been some confusion on this topic in the past. The documentation provided in the Agenda packet included a copy of the Washington Administrative Code that sets out the procedures and requirements for Council's participation in the retirement system. The City Council has a discretionary decision to make, and he proposed that it be a uniformed policy from this point forward rather than making it an individual decision as each individual applies for a retirement system membership. Public comment - none. Mr. Winters asked why this issue was not brought to the City council's attention in the past? Mr. Sievers stated it may have been in part due to some miscommunication by the Personnel Department during new Council members' orientation. The Council's salary level is right at the edge of qualification and in fact qualifies as the minimum amount of salary to join the retirement system. Mr. Winters asked who was responsible for letting Council know they had the option to enroll in the retirement system? Mayor Horton stated she was not sure who was responsible; however from the time she became a City Council member it was her impression that Council members were not eligible. She noted Jim Meith, Human Resources Manager, did look into the matter and confirmed that Council members would be eligible. Mr. Winters questioned if it was a Human Resources responsiblity 16 years ago? Mayor Horton stated yes. Mr. Winters pointed out this proposal could have a financial impact on the City's budget covering back payments for current and past Council members. Mayor Horton stated she did not know if it would apply to past Council members, who were no longer seated. If all of the current Council members signed up for the retirement plan, there may be the option to break it up into two segments: (1) TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 5 of 10 to utilize funds out of the 1997 to cover the Council seats that would be up for re-election or election in 1997; (2) to utilize the 1998 budget to cover such costs for the remaining Council member seats. Mr. Overson complimented Mr. Sievers, Mr. Meith and Mayor Horton for addressing this issue and supports what is being proposed. However, he does not intend, at this point, to take advantage of the opportunity to participate in the retirement plan. Mr. McConnell asked if this proposal is approved, would it become automatic for people coming onto the Council or would someone have the option to not participate? Mr. Sievers emphasized nothing is automatic, and a Council member would have to apply for membership. Any Council member who elects to enroll would be responsible for their share, and the City would be obligated to pay the employer's share. Once this policy decision is made, the employer will also pick up any previous terms that is made after the first term. Mr. McConnell asked if money paid into the retirement system by a Council member that served only one term, would be refundable to the individual. Mr. Sievers stated he believed standard PERS rules apply as for a regular employee, i.e. the employee's contribution would be refunded plus any interest earned because not enough years were vested in the system. Mayor Horton pointed out if someone was a prior PERS member and drew their funds out, they would have an opportunity to payback those past funds and reinstate that requirement credit. Mr. Montgomery asked if anyone has calculated the amount needed to pay into the retirement fund on a $6,000 salary? Mr. sievers stated he did not have an exact figure; however Mr. Colvin's enrollment into the PERS system was used as an example in the Agenda Packet data. Mr. Winters asked why is it the responsiblity of Councilman Colvin to come up with an amount of money that he could have opted to pay at little increments throughout the years, since 1986, rather than to pay in excess of $5,000 all at once? He asked Mayor Horton if she planned to enroll in PERS? Mayor Horton stated she may take the option since she is a PERS I employee, from past employment with several State agencies. Mr. Winters stated again, that he felt it was unfair for them to have to retroactively find the funds. He believes the City should be responsible for the entire amount due to the lack of communication from the Human Resources Department. Mr. Overson clarified that Council is being asked to address the policy this evening, not the direct expenditure of funds at this point. Mayor Horton stated Mr. Colvin and Mr. Overson would be the two Council members most affected by this policy, since they have served on City Council the longest. She further stated if all nine members and herself chose to join the TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 6 of 10 system, it would cost the City approximately $30,000. Mr. Colvin and Mr. Overson would be on the high end, about $5,000 each, and it would go down from there. She reiterated that this amount would probably be split over two fiscal years. Mr. Overson pointed out that WAC has defined that previous payments by the employee are the employee's responsibility. #1622 M/S/C/U(Montgomery/Overson) to approve City payment of employer's contribution and interest required for Council members to establish PERS membership and service credit for all years in office, and direct a written policy be executed to that affect. 7B - BUDGET ADJUSTMENT AND CONTRACT AMENDMENTS FOR STATE PERF GRANT TO PREPARE DESIGN GUIDELINES FOR CHARLESTON COMMUNITY PLAN, #AB97- 108 The City has a PERF Grant from the State Department of Community, Trade, and Economic Development (CTED) to produce the Charleston Community Plan. The draft Plan recommends that Design Guidelines be developed for the business district. CTED is now offering the City an additional $10,000 to prepare draft Design Guidelines. The work products must by completed by June 30, 1997. The consulting firms of Kato and Warren, with Hewitt Isley, are already under contract to produce the Environmental Impact Statement, a brochure, and a videotape for the Charleston Plan. These firms have agreed to sign a contract amendment committing them to develop the required work products within the contract deadline. To accept this grant extension, the City Council needs to approve an amendment to the City's PERF Grant contract. Don Pratt, Community Development Director, stated it was an honor to be offered this $10,000 from the State, which would bring the total of State funds to $50,000. That money was matched with $37,000 of local funds to continue work in the Charleston District. Public comment - none. Mr. Montgomery commented that anytime the State wants to offer the City money, we should take it! He also complimented Mr. Hough and Mrs. Wilson for their fine work. Mr. Overson questioned if the Department may be taking on too much at once? Mr. Pratt reassured Council that most of the work would be done by the consultant, and the work by the staff was all preliminary. Mr. Winters asked if the development of this plan is similar to what Council heard previously? Mr. Pratt stated he was not at the TAPE #1465 city Council Reg. Mtg. Minutes May 21, 1997 Page 7 of 10 Study Session, but what Council saw was a land use plan and a plan for public improvements, with pictures of what rehabilitated buildings could look like. What is in place now is the zoning for the land uses, and a little bit of design for streets and sidewalks. What they do not have is the legal work or a mechanism in place to show a developer how they want the street to look on the private side of the property. All of these items will be brought to Council later in the year. #1920 M/S/C/U(Montgomery/Overson) to approve Budget Adjustment Request No. 97-13, and authorize the Mayor to sign the second contract amendment to the City's PERF Grant contract as submitted. The Mayor is also authorized to sign the necessary contract amendment with the consulting firm that will do the work. 8A - ORDINANCE NO. 4595 (SECOND READING) APPROVING THE ZONING MAP AMENDMENT "WEST HILLS PUD", #AB97-105 Matt Mathes, Land Use Specialist, presented the three maps requested at previous hearing from Councilman Overson, and provided some background. He pointed out that this was the first time a percentage formula was used to describe a PUD and zoning map, and if successful on this project, it would be considered for other PUD's. If approved tonight, the proposed Zoning Map would become effective July 1, 1997. Public comment - none. Mr. McConnell questioned if the amended Zoning Map Amendment will specify exact location of the SF-2 zone and the other zones? Mr. Mathes stated yes. In addition, it is anticipated that the developer will come back and ask for approval of the remainder of the westerly portion of the site. Mr. Colvin stated this is a substantial investment in this area, which he appreciates, and he would like to see it continue. Mr. Overson thanked Mr. Mathes for his rapid response, and asked if the map shown could be used for the zoning map. Mr. Mathes stated yes. Mr. Montgomery commented if other people with PUD's would do their homework like what was done for this project, it would make everyone's job a whole lot easier. He said this was a shining example of how it should be done. Mr. Winters stated this project didn't happen overnight, and hoped a "manual" was created so that other developers could use it as an example for future projects. TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 8 of 10 #2273 M/S/C/U(Montgomery/Colvin) to pass Ordinance No. 4595, on second reading, approving the Zoning Map Amendment for West Hills, subject to the conditions contained therein. 9A - PUBLIC HEARING ON RESOLUTION #2600, SURPLUS/SALE OF CITY OWNED PROPERTY AROUND RESERVOIR #4, AB97-107 A local developer has contacted the City and requested that a parcel of property ("City Property" on Exhibit 1) be sold to him to allow access for his proposed construction. The affected property has been determined to be surplus to the City's needs. As payment for the property, he proposes to trade a triangular shaped parcel ("Haselwood Property" on Exhibit 1) to the City. The estimated value of the City Property is $11,466 based on adjacent assessed property values. The triangular parcel has been determined to be a location for construction of the corrosion control facility or access road which is currently in predesign. City Council is asked to approve surplus of the identified City Property and a negotiated sale with Haselwood based on BMC 2.78.030(e) (2) in that "When a potential purchaser offers property in exchange for City property which may enhance other City property or promote the needs of the City, Council may declare the subject property surplus, and direct a negotiated sale subject to final approval by Council". Tim Richard, Senior Engineer, briefly reviewed the data in the summary statement. Mr. Haselwood would like to use the City owned property as an access by construction of a street extension of Jones Street to a site to be developed by Mr. Haselwood. The City evaluated the subject site to determine the use to the City, which revealed it contained a 24-inch water main. If Council approves this proposal, the City would retain an easement for that water main. No other use was determined other than the easement requirement. The area of the subject site is .75 acre. Also identified was a Puget Sound Energy easement across that parcel, which would also remain in place. The transaction to purchase the City owned property would involve a trade for property owned by Mr. Haselwood. The City has determined the need for development of a roadway through the reservoir property to service the Corrosion Control facility. Such an access would allow trucks hauling chemicals to the Ceresin Control facility to travel across the site and not have to turn around. With the placement of the Corrosion Control facility near the reservoir it would displace some gravel stock piles used for emergency purposes. Acquiring this property would allow access to the site and allow the use of the site for any future expansion or work that needs to be performed at the site. This site was once owned by the City prior to its acquisition by Mr. Haselwood. When Mr. Haselwood inspected the site he found where construction debris had been deposited, which could be traced back to the City Street TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 9 of 10 Department. This issue has been discussed with the Street Department maintenance crew and verified that the City was responsible for the deposit of debris at that site. The Geotechnical Report developed by Mr. Haselwood confirms the content, which is consistent with the report back from the Street Department and makes the south portion of that site not easily developable for a building, but would be suitable for a lay down yard or storage of stock piles for emergency materials or other uses. Public comment - none. Mr. McConnell asked if the trade of properties did not take place, did the City still have a site for the Corrosion Control facility? Mr. Richard stated yes; however, there is a 50 ft. power easement across the bottom of the site that cannot have any above ground structures. Mr. McConnell stated when this item was presented to the Fiscal and Budget committee it appeared the proposal was an even trade; however, the resolution identifies the City's property would be partial consideration for the purchase of the larger site; and under Item 3 it states the purchase and sale agreement of the two parcels will be at fair market values. Mr. Richard explained the language in the resolution is based on the negotiated sale procedure identified in the Bremerton Municipal Code. Mr. Mcconnell stated his interpretation left him feeling that there would be more cost for the City, but was not specifically stated. Mr. Richard stated the intent was to effect a cross trade. Ian Sievers, City Attorney, stated he did not assume that a "gift" would be included since the appraisals have been prepared and current enough to be relied upon by the City under the Surplusing Ordinance and apparently there will be a donation or gift of the excess value by Mr. Haselwood to the City. He suggested striking the word "partial" from the first WHEREAS. He also recommended changing Item 3 to read "The Mayor is authorized to execute a purchase and sale agreement for the two parcels as an in-kind exchange without additional consideration", which would strike out "at fair market values determined under 2.78.030(a)" #2818 M/S/C/U(Montgomery/Colvin) to adopt Resolution #2600, declaring a portion of the Reservoir 4 site surplus to City needs and approving a negotiated exchange for property better suited to the Utility's needs; including the above changes recommended by the City Attorney Vice President Neville thanked the TV camera crew for their services: Rob Rupe, Patricia Mathes, and James Nobel, Jr. TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 10 of 10 With no further business meeting adjourned at 6:55 P.M. RICHARD NEVILLE, Council Vice President City of Bremerton PJ/~/me cc: No~al Distribution File/Vault