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HomeMy WebLinkAbout10/01/97 TAPE #1496 CITY COUNCIL MEETING MINUTES OCTOBER 1, 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, October 1, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Councilman Bob Winters was 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 President Farr and Invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. President Farr made the following announcement: (1) Immediately prior to the meeting Council held a Study Session (5:00 - 5:30 P.M.) To discuss General Council business. (2) A 20-minute Executive Session will be held immediately following the Council meeting to discuss "personnel performance". CONSENT AGENDA A. Minutes of Meeting -- September 24, 1997 #AB97-216 #0035 M/S/C/U(Neville/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. #0061 M/S/C/U(Colvin/Montgomery) on October 1, 1997, the Council does approve for payment those vouchers included and further described as follows: 213033, 213034, 213043 through 213298 in the amount of $577,486.86; and Retirees' Payroll for the period ending September 30, 1997, in the amount of $98,417.64. COUNCIL MEMBER REPORTS Mr. Colvin reported through Mayor Horton's cooperation, progress is being made on the beautification project for the north end of the Warren Avenue Bridge. He displayed pictures of some plantings that may be used as part of that project. He bid "farewell" to Megan Kalsen, who has served as the City's grants writer. He commended Megan on a job well done and acknowledged she will be missed. Mr. Colvin asked the City Attorney to explain the meaning of an action TAPE #1496 City Council Reg. Mtg. Minutes October 1, 1997 Page 2 of 8 taken by the City's Director of Community Development administratively approving the construction of a 55 foot recreational floating dock on Oyster Bay. Ian Sievers, City Attorney, stated that application was submitted prior to the dock moratorium that was recently approved by Council; therefore, the Department of Community Development was required to process and make a decision on the application. The notice of action is published and starts an appeal date for the person who may be interested in appealing that decision. Mr. Colvin questioned the meaning of 'approving administratively"? Mr. Sievers explained under the City's Shoreline Master Program, substantial Development Permits are issued administratively, without Council approval, subject to an appeal. Mr. McConnell report on the excellent program presented by Jim Spencer, Director of Parks and Recreation and Jim Trainer, Urban Forester at the District #2 Neighborhood meeting held on September 25. He encouraged members of the public to attend the joint Council District Meeting (Distr. 6, 7 and 8) on October 9, 1997, where they will have an opportunity to see the excellent presentation by the Parks Director. Mr. Law announced the next District #3 Neighborhood Meeting will be held on October 21, 1997, 7:00 P.M., at the Senior Center. The guest speaker at that meeting will be the State Design Project Engineer for the new Manette Bridge, and the public will have an opportunity to exchange ideas during this discussion. He has received several inquires regarding the City's request for a Planning Grant for the Manette Business District. He stated for clarification the City's request was in the form of a grant application and no action will take place until grant funds are obtained. Mr. Overson reported the Audit Committee is in the process of initial hiring of a new City Auditor. Mr. Neville echoed Mr. Colvin's comments regarding Megan Kalsen's service to the City and the fine job she has performed in getting millions of dollars for City projects. He wished her well in her future endeavors. Mrs. Huff-Menees stated she was deeply saddened that Megan was leaving the City since she has been a tremendous contributor and performed in an excellent manner for the City. She announced Council Districts #6, #7 and #8 will hold a Neighborhood Meeting on October 9, 1997, 7:00 P.M., at the Bremerton School District Administration Offices, located on Marion Avenue. The city Engineer will be addressing some of the concerns raised at the previous joint District meeting as well as giving an update on TAPE #1496 City Council Reg. Mtg. Minutes October 1, 1997 Page 3 of 8 street projects. Mr. Montgomery encouraged participation at the joint District Meeting, as outlined by Mrs. Huff-Menees and Mr. McConnell. The program will include discussion on streets, parks and a report from Mayor Horton. Also, they will do their best to answer questions and concerns from those attending. Mr. Farr echoed the comments regarding the joint District Neighborhood Meeting. MAYOR'S REPORT Mayor Lynn Horton congratulated Councilman Huff-Menees on her selection as the new Regional Director for the Kitsap Regional Coordinating Council. Mayor Horton announced the City has issued a Stop Work Order on the North Lafayette property where a site is being prepared for the location of two manufactured homes. It appears that the property owner's attorney advised them to ignore the Stop Work Order and continue to work at the site. The city is also in to the process of writing three citations, which are in the hands of the Court. Since the manufactured homes were not removed on the date specified, the Judge will be asked to issue an order of abatement so that City crews can remove the structures. She noted the site also has an ongoing erosion control problem, which has been somewhat addressed, but not to the fullest extend. Mayor Horton stated with the City's Grants Writer leaving the area, efforts are underway to fill that need. She commended Megan on her excellent performance for the City and she was sorry to lose her, but recognized the move will be a "step up" for her in gaining full time employment, which the City could not offer. Megan Kalsen, Grants Writer, stated in 1997 grants efforts totaling almost 42 million dollars in applications have been submitted and support almost $205 million of Bremerton projects as well as Sinclair Landing Association. Of this, approximately $28.5 million, or roughly 68%, have been approved for funding. Those funds include items that are not officially secured, one having to do with the remediation project on South Smith Cove. The city is waiting for the State to issue a Consent Decree and at that point funding will occur. That figure also includes two large projects that were approved for a lessor amount than that applied for. The figure could go up by the projects currently in the CDBG rating process ( approximately $178,000). Of the $28.5 million, the City should realistically expect to see about $14.5 million as actual cash to the City. The departmental breakdown for those dollars are: Police Department - $50,000; Department of Community TAPE #1496 City Council Reg. Mtg. Minutes October 1, 1997 Page 4 of 8 Development - $70,000; Utilities - $3 million; Engineering and Public Works - $11 million. She has greatly enjoyed her tenure with the City and hopes the grant funding coming to the city helps Council in its aims and objectives for the coming year. McConnell complimented Ms. Kalsen on her presentations to the Fiscal and Budget committee. Mayor Horton announced the bid opening date for the video production equipment for the City Council chambers and the Kitsap county Commissioner's Chamber will be October 27. PUBLIC RECOGNITION Nancy Spaccarotelli, Stevens Drive resident, reported the manufactured home structures located on a lot on North Lafayette have not removed as the City required. Even though the City has issued a Stop Work Order, the owner continues to move dirt with a bulldozer. She was not impressed with the sprinkling of hay on the ground for erosion control on that site and is concerned that the sink hole on her side of the fence has opened up another 4-feet. Eugene Donovan, Stevens Drive resident, stated Mayor Horton answered several of his questions relating to the North Lafayette issue. However, he is concerned that the owner continues to violate City regulations and lacks regard for the neighbors' concerns. He and others in their neighborhood would like to be informed when the issue comes before the Judge. He thanked Mayor Horton for assisting in this matter. Brooke Tucker, N. Lafayette resident, stated she was also concerned about what is happening on North Lafayette. She would like someone to inform her what is and is not legal regarding the actions on the property next to her residence. Prior to her going out of town several weeks ago, Mr. Pratt, Director of Community Development, told her that the owners of the manufactured homes had 3-4 days to remove one of the two units, and if it was not removed by the owner, the City would remove them and then bill the owner. When she returned from her trip, she was outraged to see that the structures had not been removed. Carol Blakley, City Center Gallery, extended an open invitation to attend the Gallery's African Exhibit on October 3, 1997. The Gallery is a new business in Bremerton and their telephone number is 377-7624. On that same evening and on October 4, the Roxy Theater is featuring African dancers, storytellers and musicians. Don Larson, President Kitsap Diving Association, reported on a successful Sinclair clean Up event held on September 20. Volunteers from the USS Carl Vinson participated in this clean up effort again this year. He extended a special 'thank you" to the TAPE #1496 City Council Reg. Mtg. Minutes October 1, 1997 Page 5 of 8 businesses that donated food, beverages and supplies. He encouraged the public to attend the Oyster Fest in Shelton on October 4 and 5. Roy McInnis announced the Sinclair Missionary Baptist church is putting on a dinner that will include catfish, ribs, chicken, etc., on October 4, 1:00 - 7:00 P.M. They will make deliveries to senior citizens and the cost is a donation of $5.00 senior citizens, $6.00 for adults and a sliding charge for children depending on their age. 8A - REAPPOINTMENT OF EDWARD BAKER AND CLYDE OSBORN TO THE DISABILITY ACTION COMMITTEE, ~AB97-217 The terms of Edward Baker and Clyde Osborn on the Disability Action Committee have expired. It is recommended they be reappointed to this committee. Mayor Lynn Horton noted Mr. Osborn and Mr. Baker have spent considerable time working on this committee. One of the recent milestones accomplished by the committee was an inventory of needs that the City has dealing with disability issues. Ail City buildings were inspected and several of the committee's suggestions were implemented quickly at a fairly iow cost or no cost other than staff time. Additionally, the committee has prioritized additional actions needed, i.e., handicap doors, restrooms, curb cuts etc. She urged Council to approve the recommendation as presented. Public comment - none. Mrs. Huff-Menees thanked Mr. Baker and Mr. Osborn for their past service and willingness to continue serving in this capacity. As stated many times in the past, these committees require a great deal of time and we often times are hard pressed to find citizens that are willing or able to give that kind of commitment. #1181 M/S/C/U(Montgomery/Huff-Menees ) to confirm the reappointments of Edward Baker and Clyde Osborn to the Disability Action Committee. Mayor Horton announced she is seeking individuals to fill two openings on the Planning Commission and one opening on the Parks Commission. Anyone interested in filling out an application can contact her office at 478-5266. 8B - APPOINTMENT OF COUNCILMAN CARLOS MONTGOMERY TO WSDOT LOCAL IMPROVEMENT COMMITTEEt ~AB97-218 The Washington State Legislature created a process to gauge public support or opposition to the use of tills to pay for improvements to the Tacoma Narrows Bridge and SR-16 corridor. This process will lead to a public advisory election that is currently scheduled to TAPE #1496 City Council Reg. Mtg. Minutes October 1, 1997 Page 6 of S occur at the General Election on November 3, 1998. As part of this process, a Local Improvement Committee (LIC) will advise the Washington State Department of Transportation (WSDOT) on establishing the geographic boundary for the advisory election and a project description that will be prepared by WSDOT. The law allows for City and County jurisdiction that lie in whole or in part within an affected project area to appoint one elected official to serve on the committee. These elected officials shall be appointed by a majority of the members of the city or county legislative authority. Pubic comment - none. Mr. Colvin commented Mr. Montgomery was an excellent choice to serve in this capacity. #1298 M/S/C/U(Colvin/Huff-Menees) Motion to appoint Councilman Carlos Montgomery to the WSDOT Local Improvement Committee. 8C - CONTRACT EXTENSION FOR KCB FOR ASBESTOS REMOVAL, PHASE II, OYSTER BAY ACQUISITION PROPERTY (22+STRUCTURES)t #AB97-219 Council approval is requested to extend the contract of KCB Company to complete the asbestos removal of the remaining properties north of the Wastewater Treatment Plant. Contract extension is for an additional amount not to exceed $30,000. Paul Lucas, Public works and Utilities Department, pointed out KCB is the only organization in Kitsap County that is certified as an asbestos removal firm. By extending their contract, the work will be completed so that the City can complete demolition by the end of 1997. If the contract is not extended at this time, they could not restart the project until some time in December. Public comment - none. Mr. McConnell asked if the $30,000 would complete the project? Mr. Lucas stated yes, with the exception of the church building and Mrs. Nichols homes. #1376 M/S/C/U(Montgomery/Colvin) Motion to approve the KCB Contract Extension and authorize the Mayor to execute the extension. 8D - CONTRACT AWARD FOR LITIGATION COUNSELt ~AB97-220 The city's contracts for representation in litigation will expire September 30, 1997. The Legal Department solicited qualifications and proposals from law firms interested in representing the City on new two-year contracts in late July, with advertisements in the Sun, Seattle Times, Tacoma News Tribune, and direct mailings to TAPE #1496 City Council Reg. Mtg. Minutes October 1, 1997 Page 7 of 8 those who applied for the contracts in 1995. Sixteen responses were received, and of these firms, seven were selected for interviews by the Mayor, City Attorney, Public Works & Utilities Director, Human Resource Manager, and Risk Manager. It is proposed that seven categories of litigation be assigned to six firms with some areas shared between two firms. The contracts proposed are: Jean Schiedler Brown: Personnel/Labor, Civil Rights (non-exclusive), and Torts (non-exclusive); Casey & Pruzan: Contract, Land Use (non-exclusive), and Torts (non-exclusive); Ogden Murphy Wallace: Civil Rights (non-exclusive), Land Use (non-exclusive); Carney Bradley Smith & Spellman: Environmental; Elms & Flynn: Workers' Compensation; and Bill Burns: Insurance. Ian sievers,City Attorney, pointed out Exhibit A, a guide for outside legal counsel, will be attached to all of the contracts. He noted the selection process resulted in more flexibility for the City in assigning cases and expanded the number of firms from two to six. He has discussed the contact with all but one of the firms and they understand the flexibility the City has reserved and are willing to accept that and maintain the rates proposed in the selection process. The rates came in both a little higher and lower than the current rates with the two firms, ranging from $75- $135 per hour; however, he believes the City will be able to maintain the current level of expense. Public comment - none. Mr. Overson stated this item was extensively discussed when presented at Council Committees and all of the questions answered. #1512 M/S/C/U(Montgomery/Huff-Menees ) to approve execution of contracts for litigation services to the firms listed. 9A - ORDINANCE NO. 4609 (SECOND READING) AMENDING LEGISLATIVE AND ADMINISTRATIVE CONTROLS ON THE BUDGETt ~AB97-214 Public comment - none. #1547 M/S/C/U(Neville/Montgomery) Motion to pass Ordinance No. 4609 on second reading, repealing portions of Ordinance 4601 and BMC 3.02 and setting forth legislative and administrative controls on the budget of the City of Bremerton. TAPE #1496 City Council Reg. Mtg. Minutes October 1, 1997 Page 8 of 8 9B - ORDINANCE NO. 4610 (SECOND READING) BETTING POLICY FOR DISPOSAL OF PERSONAL PROPERTY OF THE CITY, #AB97-215 Public comment - none. #1581 M/S/C/U(Huff-Menees/Montgomery) Motion to pass Ordinance No. 4610 on second reading, setting policy and prescribing procedures for disposition of personal property which is surplus to the needs of the City and adding Chapter 2.79 to the Bremerton Municipal Code. President Farr thanked the TV camera crew for their services: Bob Neal, Scott Kulinski, Traci Teigen and Debi Dreling. With no further business meeting adjourned at 6:24 P.M. City of Bremerton PJ/DF/me cc: No=mal Distribution File/Vault