HomeMy WebLinkAbout05/19/99
TAPES 1617 & 1618
CITY COUNCIL MEETING MINUTES
MAY 19, 1999
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 19, 1999, at 5:30 P.M.,
with Council President Mike Shepherd presiding. Council members present were Carlos
Montgomery, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council
members Carol Arends and Jim Reed were absent. Also present were City Attorney Glenna
Malanca, Deputy City Clerk Paula Johnston, and Council Assistant Christine Grenier.
The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation
given by Chaplain Bob Miles of Belmont Terrace.
President Shepherd made the following announcements:
(1) City Council held a Study Session prior to the meeting to discuss general Council business, in
the City Council Conference room; and
(2) Item 10(D) has been pulled from the Agenda tonight.
CONSFNT AGENDA - There were no Consent Agenda items this evening.
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.
#0054 M/S/C/U (Montgomery/McConnell) On May 19, 1999, the Council does approve for payment
those vouchers included and further described as follows: EFT 5415; 230822; and 230832 through
230987 in the amount of $314,067.81; and Regular Payroll in the amount of $790,742.25 for the pay
period ending May 15, 1999.
COUNCIL MEMBER REPORTS
Mr. Montgomery was happy to be back after being out of town for a few weeks. He reported on a
walk-through at Anderson Cove with staff from the City's Wastewater Department to see progress
being made to reduce overflows. He congratulated the staff for all their fine work.
Mr. Farr thanked members of the Central Lions Club for the great Armed Forces pancake breakfast
they sewed over the weekend.
Mr. Overson attended the City's Open House event held last Thursday. He stated it was very
educational, as well as entertaining. He encouraged citizens to attend next year.
Mr. Law appreciated the good turn-out for his District #3 monthly meeting held last night, and
thanked the shift-Sergeant from the Police Department for his attendance. He acknowledged Dave
Boynton and his Americorps Team for their quick and outstanding response in the removal of graffiti.
Mr. Olsen thanked Main Street Association and all other volunteers for their hard work and
assistance in putting together the Armed Forces Celebration. He also reported on an outstanding
musical performance from Fourth & Fifth Graders from Crown Hill Elementary.
President Shepherd announced a District #5 meeting would be held Thursday, 7:00 P.M. to discuss
Block Watch, and an update on the construction project at Evergreen Park, including the upcoming
Grand re-Opening. He also enjoyed the Armed Forces activities.
TAPES #1617 & 1618
City Council Reg. Mtg. Minutes
May 19, 1999
Page 2 of 8
MAYOR'S REPORT
Mayor Horton expressed her thanks to everyone who spent many months to prepare for the Armed
Forces Day activities, which were a great success. She encouraged citizens to welcome home the
USS MT. HOOD tomorrow morning around 10:00 A.M.
Mayor Horton read the following Proclamation:
May 22 - 28, 1999 as "National Safe Boating Week", which was received by Commander Charles
Craig from the Bremerton Power Squadron, who encouraged boating safety.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Larry Dickerson would support an Ordinance to assist the City in controlling stray cats, and would
also support a leash law for cats. He also asked if the City has made a determination on low-income
criteria to qualify for reduced cable rates with TCI. Paula Johnston affirmed that TCI and the City
were currently working on the standards, which will be in place June 1
Ward J. Yohe encouraged City Officials as well as the public to attend the "lmage Downtown
Bremerton II" workshop to be held in the Washington Mutual Building at 5th & Pacific.
Del Knauss asked for clarification over which items are truly being recycled by Brem-Air. Regarding
downtown development, he suggested the Mayor and Council visit the downtown waterfront areas of
Poulsbo, Kingston, and Port Orchard, where they were successful in improving their downtown areas
with "simple" changes, rather than "pie-in-the-sky" ideas.
Don Larson reported on a recent visit to San Diego where he took a harbor tour cruise out to a
lighthouse with a restaurant that overlooked the downtown area. He suggested something similar for
Bremerton. He again urged Bremerton to develop an underwater park.
Don Atkinson reported on the 'Y2K Expo" planned this weekend at Kitsap Mall; and that Rev.
Richard Stone of Bremerton Unity Church would be discussing the metaphysical meaning of 'Star
Wars"at Arm Chair Books in Port Orchard at 6:00 P.M.
Tom McDonald. owner of Quality Used Tires, expressed his exasperation with the City over the
Permit process he has been through regarding his tire business.
The following citizens also spoke in support of Mr. McDonald and Quality Used Tires:
Charles Zeitler (who also offered his observation that the City appears to be driving more business
out of Bremerton, rather than bringing it in); Bob Jaenicke; Ed Pietras; Archie Taft; Darla Merker;
Eugene Childress; Roger Gingrich; George Thomas; Dave Butcher; Elizabeth Buell; David
Vannest (who also confirmed handicap accessibility); John L. Blake (who stated he was researching
the area for a business he plans to open, but is now apprehensive after seeing what Mr. McDonald
has had to endure, and did not feel the City could expect people to pay a lot of money for
beautification of the old buildings around town all at once); John Davis (who stated he did not
understand why the City would place "strict" requirements on Quality Used Tires, yet allow the
business next door to store piles of "junk" and several old vehicles); John Vail (who took issue with
several requirements of the letter dated 5/14/99, and believed there needed to be a real evaluation of
the applied codes and standards); and Paul Brooks (who felt the main concern had to do with the
TAPES #1617 & 1618
City Council Reg. Mtg. Minutes
May 19, 1999
Page 3 of 8
City's Building Inspectors, and their unwillingness to work with small businesses). In addition, Walter
Wheeler referred to a letter dated 5/14/99 from the City's Building Department to Mr. McDonald, and
asked for a written response from the City Attorney to the following issues: 1 ) Why is the condition
that "there will be no storage of tires visible on this site" not applied to other tire businesses in the
City; 2) Why is the Fire Code, cited in the same letter that prohibits "storage of tires within 10-feet of
the property", not enforced elsewhere; and 3) If the carport structure is not acceptable, then what
type of structure would be allowed? He then provided numerous pictures taken of other tire
businesses in the City to support his claims of inconsistent enforcement.
Ruth Natividad used this opportunity to also express her frustration with the City's permit and
inspection process.
Mr. Farr wanted to dispel the rumor that "the whole City is against" Mr. Tom McDonald, which is not
the truth. Mr. McDonald had contacted him late last week, and although he may not have acted as
quickly as some thought he should, he had prepared a letter asking for a meeting between Mr.
McDonald and the Mayor to reach some understanding and conclusion. He encouraged Mr.
McDonald not to move out of the City, but to work this out.
Mr. Montgomery wanted clarification on his belief that when discrepancies were found during
inspections, the Building Officials were to cite the B.M.C. or code, which addressed the particular
violation. President Shepherd requested the Building Department to provide a report on this issue
at the next City Council meeting.
Wayne Olsen stepped out approximately 5:50 P.M. and returned to the meeting at 6:30 P.M.
Susan Brown announced the Parent Educators Network would host part-I of a seminar on June 4 at
the Silverdale Community Center and part II on June 11at the Givens Center. Citizens can call the
Project Family office at 373-0985 for more information.
Citizen residing on 2146 7th Street reported that after returning recently from a deployment with the
USS CARL VINCENT, he discovered some trees leaning into his garage, and was dismayed at the
length of time it took the City to respond.
Jacob Lincoln thanked the City Council for the improvements done to Burwell Street. However, he
noticed that cars travel faster now because there are two lanes, and suggested on-call crosswalks for
PSNS workers at the Naval Gate and State Street Gate.
9A - PROFESSIONAL ENGINEERING SERVICES TO UPDATE THE WASTEWATER
TREATMENT PLANT SCADA PROCESS CONTROL SYSTEM- PHASE II #AB99-079
On December 2, 1998, the City Council approved the Professional Services Agreement with Casne
Engineering for the upgrade of the software and control logic for the Wastewater Treatment Plant
SCADA, Phase I. Casne Engineering has completed the required portion of Phase I, prior to going
out to bid, at a cost of $20,901. This request covers Phase II of the required equipment control
upgrades to Buildings 500/700. The consultant's quotation is for $69,072 to complete the tasks
contained in the Scope of Work, and not to exceed $80,000, should the City of Bremerton request, in
writing, additional services.
Pat Coxon, Wastewater Treatment Plant Manager, clarified that SCADA stands for "Supervisory
Control and Data Acquisition"
TAPES #1617 & 1618
City Council Reg. Mtg. Minutes
May 19, 1999
Page 4 of 8
There were no comments from the public.
Mr. Overson questioned if this work was required due to the Y2K issue. Mr, Coxon stated that if this
upgrade were not done, the SCADA system would not work come January 1, 2000.
Mr. Farr asked for an explanation of the relationship between the initial Award of Contract in Phase I,
and the award of this contract for Phase II. Mr. Coxon stated Phase I. was the more critical portion of
the project, and Phase II takes in the rest of the two buildings, which is the primary portion of the
plan. They did not solicit bids after concluding Casne Engineering was the best firm for the job. Bids
will be solicited from other firms for the hardware installation portion of the project. Mr. Farr still
questioned the appropriateness of a smaller contract (without bids) leading to the award of a larger
contract. John Poppe, Wastewater Manager, stated that this project could have been completed in
one phase, but due to budgetary issues, the project was divided into two phases. This allowed the
City to "test" this firm, by giving them this small portion of the project, to see what type of work they
did, and to see if budget requirements could be met. Upon their completion of Phase l, the City was
satisfied to pursue them to complete Phase II.
#2090 M/SIC (Montgomery/Overson) Motion for Council to approve the Professional Services
Agreement with Casne Engineering to upgrade the 500/700 Area Control System (Electrical) for the
SCADA System at a cost not to exceed $80,000, and authorize the Mayor to sign the contract,
subject to City Administrative Policies and Procedures.
Vote on motion: In Favor: McConnell, Law, Overson, Montgomery, Olsen, Shepherd
Opposed: Farr
Motion carried.
9B - INFORMATION SERVICES AND PURCHASING ORGANIZATIONAL CHANGE, #AB99-080
The Information Services Department continues to experience increased demand for services and
training to keep up with new technology. We have been successful in the past five years in
substantially improving our computer resources throughout the City. However, due to budget
constraints we have been unable to increase staffing to service those resources. In 1985 the I/S
Division had a staff of six, in 1999 they had a staff of 4. A recent Assessment of Staffing
Requirements for the I/S Division conducted by the Bremerton Electronic Commerce Resource
Center recommended the hiring of an additional PC Technician. In order to meet this
recommendation without increasing the overall staffing of the Administrative Services Department,
the following budget amendment is requested:
Information Services Manager assumes the vacant Purchasing Supervisor position providing
purchasing services and I/S Management. The hands on computer work currently performed by the
Information Services Manager would cease.
Kathy McCluskey, Administrative Services Director, provided the staff report. She reported that this
opportunity presented itself with the retirement of the current Purchasing Manager. The end result of
hiring a PC Technician is that PC functions would be performed by individuals with those specific
skills and at the appropriate level of pay. This will free the Network Administrator, Computer Analyst,
and I/S Manager from PC work to perform the functions for which they were hired.
There were no comments from the public.
TAPES #1617 & 1618
City Council Reg. Mtg. Minutes
May 19, 1999
Page 5 of 8
Mr. McOonnell questioned what would happen if the current I/S Manager leaves for another job or
retires, will it be possible to hire another person capable of being both the Purchasing Manager and
I/S Manager? Ms McCluskey responded that she believes it would be possible since these two
positions are combined in a number of other cities, however, she felt it was important to review the
situation when that time arrives, and it is best to remain flexible.
#2715 M/S/C/U (Montgomery/Farr) Motion for Council to approve the budget adjustment moving the
purchasing function to Information Services and adding one PC Technician.
10A - ORDINANCE (FIRST READING) AMENDING SECTION 6.02 SOLID WASTE ADVISORY
COMMI'FI'EE, #AB99-081
The Ordinance reduces committee membership from 11 to 7, and establishes meetings as necessary
rather than monthly.
Kathy McCluskey, Administrative Services Director, stated this would set up a Committee comprised
of one Council member; the Public Works Director or designee, Administrative Services Director or
designee, City Attorney or designee, and three Bremerton citizens. She described the duties and
responsibilities of the committee, and asked any interested citizens to contact the Mayor or City
Clerk's office to receive an application.
There were no comments from the public.
Mr. Farr asked who would be designated the Chair for this Committee? Ms. McCluskey stated the
committee would be less formal and advisory in nature. They would not meet monthly, but "as
needed". A Chair was not designated, as the rules of Parliamentary Procedures would preside over
and guide the meeting. Mr. McConnell suggested the Council member be designated as the Chair
so that reports could be made to the Council. Ms. McCluskey stated that change could be made at
second reading. President Shepherd established that the second sentence of sub-paragraph (c) of
the Ordinance would now read "The City Council President shall appoint the Council Member who
shall serve as Chair".
#3030 M/S/C/U (Montgomery/FarO Motion to approve the Ordinance with amending language on first
reading.
10B - ORDINANCE (FIRST READING) REGARDING CHANGES TO THE COMMUTE TRIP
REDUCTION LAW AND AMENDING BMC CHAPTER 10.40, #AB99-082
The State Legislature has amended several sections of the Commute Trip Reduction (CTR) law after
a review of its impacts in recent years on both the environment and major employers throughout the
state. These amendments affect the goals, reporting, good faith efforts, exemptions, and
enforcement in the CTR program. These amendments must now be incorporated into the City CTR
ordinance, by modification of BMC 10.40.
Jeff Shea, Senior Engineer, pointed out a few significant changes, such as the goals for reducing the
Vehicle Miles Traveled as established by State CTR Law and CTR Task Force Guidelines for affected
employees went from 20% in 1997 to 25% in 1999. The program has been extended, and the
established reduction goal is 35% for the year 2005. He stated that employers are required to make
a good faith effort to implement a CTR Program, but that failure to achieve the Single Occupant
Vehicle rate or Vehicle Miles Traveled goals will not be a violation.
TAPES #1617 & 1618
City Council Reg. Mtg. Minutes
May 19, 1999
Page 6 of 8
There were no comments from the public.
TAPE #1618
#0045 M/SIC (Farr/McConnell) Motion to approve Ordinance on first reading, which changes the
Commute Trip Reduction Law and amends B.M.C. chapter 10.40.
Vote on Motion: In Favor: Farr, Olsen, McConnell, Law, Overson, Shepherd
Abstain: Montgomery
Motion carried.
10C - ORDINANCE (FIRST READING) RELATING TO USE OF RIGHT-OF-WAY: AND
ORDINANCE (FIRST READING) RELATING TO SETTING FEES FOR RIGHT-OF-WAY USE
PERMITS. #AB99-083
City staff has prepared a new Right-of-Way Use Ordinance that combines, simplifies, and addresses
conflicts in three existing chapters of the Bremerton Municipal Codes that currently regulate use of
the right-of-way. The new Right-of-Way Use Ordinance repeals existing BMC Chapters 11.02,
Standard Specifications for Public Works, 11.12, Breaking Pavement, and 11.24, Construction on
Public Property;, and replaces them with a new Chapter 11.02, Right-of-Way Use, and provides a new
name for Title 11, Streets and Rights-of-Way. A summary Ordinance for publication and an
ordinance establishing fees and charges for the new Right-of-Way Use Permits have also been
prepared. Attached is a summary of the major features of the Right-of-Way Use Ordinance. Staff
recommends passage of the ordinances.
Randy Witt, City Engineer, highlighted some of the major features of the ordinance, which combines
the three sections of the Bremerton Municipal Code that address the use of the right-of-way, into one
comprehensive chapter. Application requirements are now clearly defined, as well as fees and
charges for each of the categories, which are specified in the second ordinance.
David Butcher asked for further information on insurance requirements for the homeowner with
regards to the sidewalk issue; and further clarification on the two-permit process. Ruth Natividad
wanted to know the fee for the right-of-way permit. Mr. Witt stated that the only insurance
requirement for the homeowner would be "homeowner insurance", and then work could be done in
the right-of-way. He stated it is very common for the City to require multiple permits on different types
of jobs, and it is the duty of the City to coordinate the permit process as smoothly as possible.
Regarding the fees, he reiterated that a list setting forth the fee schedule is included on the second
ordinance. He explained the fees were established by basing the amount upon the estimated hours
for a permit to go through the process without any "hitches".
Mr. Farr understands the need for the ordinance, but had concerns over the deposit requirements.
Mr, Witt stated the deposit is required during the construction phase, when they actually break the
pavement. The Performance Deposit amount is based on 150% of the value of the work based on
the assumption that City crews will have to go in and complete the work after someone already
started it, and was unable to finish it. The Warranty Deposit is to make sure the contractor is able to
come back and finish any defects in their work. These deposits are held for two years, to allow time
for any defects to show up. He assured Council that language can be included to return unused
deposits back in a timely manner. Mr. Law supported the need for deposits based on unfinished
work done on Perry Avenue.
TAPES #1617 & 1618
City Council Reg. Mtg. Minutes
May 19, 1999
Page 7 of 8
Mr, McConnell asked for clarification of language on the fee schedule for TYPE C Permits, and
suggested it be more "user friendly". Mr. Witt stated he would most likely be back in one year to
"fine-tune" the ordinance. President Shepherd had requested Mr. Witt compare the proposed fees
with other jurisdictions, which showed a wide range of fees was being used. For the most part, the
proposed fees for Bremerton were found to be in the "average" range. He also asked for comparison
of fees charged for deposits. Mr. Witt stated that survey was not done, but in his experience, he
found 150% is typical.
#1161 M/SIC (Montgomery/McConnell) Motion to approve ordinance and its summary related to use
of the right-of-way on first reading.
Vote on Motion: In Favor: Montgomery, Olsen, Law, Overson, Shepherd
Opposed: McConnell, Farr
Motion carried.
#1177 M/SIC (Montgomery/Law) Motion to approve ordinance related to setting fees and charges for
Right-of-Way Use Permits on first reading.
Vote on Motion: In Favor: Olsen, Law, Overson, Montgomery, Shepherd
Opposed: McConnell, Farr
Motion carried.
11A - RESOLUTION NO. 2703 SUPPORTING EFFORTS BY WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION (WSDOT) TO PRESERVE AND MAINTAIN THE HOOD
CANAL BRIDGE, #AB99-085
This proposed Resolution recognizes the significance of the Hood Canal Bridge as a link between the
north Olympic Peninsula with the Puget Sound Region and all points east. Repair to the Bridge has
been necessitated by storm damage. The Washington State Department of Transportation (WSDOT)
is being requested to expedite the repairs, and to not impose tolls to recover costs of repairs.
John Law gave a brief presentation, stating the significance of this Resolution is to remind the
"decision makers" that Hood Canal Bridge is very important to all of us, and the repairs should be
done as scheduled; and without tolls as promised by WSDOT.
There were no comments from the public.
#1315 M/S/C/U (Law/Montgomery) Motion to pass Resolution No. 2703, supporting efforts by
WSDOT, and to preserve and maintain the Hood Canal Bridge.
12A - CONTINUED PUBLIC HEARING. AND RESOLUTION NO. 2704 ON PLANNED UNIT 97-
0003, WEST HILLS PUD: APPLICANT: OLYMPIC RESOURCE MANAGEMENT. #AB99-086
Council must decide if the applicant's request for a one time one-year extension of the preliminary
approval for PUD 97-0003, West Hills PUD. The applicant must show that progress is being made
and that it is very likely that the Final Plan will be submitted within the extended time period.
Jon Holan, Planning Manager, stated that Olympic Resource Management requested for this time
extension for the subject site which is 270 acre piece of land that lies west of Third Street and wraps
around the southern property boundary of the National Guard Armory property. The PUD was
approved by City Council on May 14, 1997. He stated that staff believes the applicant has made a
good-faith effort to complete the project, and progress is being made.
TAPES #1617 & 1618
City Council Reg. Mtg. Minutes
May 19, 1999
Page 8 of 8
President Shepherd verified this was a Quasi-Judicial matter, and then read the Appearance of
Fairness Doctrine. All Council members remained seated.
Mr. Farr stated that he is a Board Member of the Kitsap Economic Development Council; and has
been involved in discussions with this particular project.
Mr, Montgomery stated that he attended the first two meetings held regarding this project at the
Department of Community Development, and listed to all the input. He also personally observed the
progress of this project, but did not feel any of this would affect his decision.
President Shepherd asked the Appearance of Fairness Doctrine for members of the public.
There were no comments from the public.
Mr, Overson clarified that progress is being made, but raised concerns with the remainder of the
project. Mr. Holan stated that a Development Agreement could be considered.
Mr. McConnell referred to the list of conditions, and asked if they were there at the beginning of the
PUD. Mr. Holan clarified that these were the same conditions that the City Council approved in
1997, and would continue to be applicable to the PUD.
John Rose, Project Manager with Olympic Property Group, gave a brief history of the project for the
benefit of the newer City Council members, provided a current update, and included reports on future
phases of the project.
#1990 M/S/C/U (Montgomery/Farr) Motion to approve the request for the time extension.
With no further business meeting adjourned at 8:08 P.M.
City of Bremerton
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