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HomeMy WebLinkAbout06/16/99 TAPES #1623 & #1624 CITY COUNCIL MEETING MINUTES JUNE 16. 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, June 16. 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, John Law, and Cecil McConnell. Council Member Wayne Olsen was absent. Also present were City Attorney Glenna Malanca; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Retired Pastor and Missionary Ray Streutker. President Shepherd made the following announcements: (1) City Council held a Study Session prior to the meeting to discuss general Council business, followed by a 15-minute Study Session from 5:15 - 5:30 P.M. to discuss a "Single-Event Permit for Field of Blues on Sunday, July 18, 1999"; (2) City Council will meet next week on Monday, June 21, 1999 rather than Wednesday, June 23 due to several Council members attending the AWC Conference in Wenatchee; and (32) Any "first readings" of ordinances tonight will have their "second readings" at the June 30 City Council meeting to fulfill the requirement of 7 full days between readings of ordinances. CONSENT AGENDA A. Minutes of Meeting - June 2, 1999 #AB99-104 B. Minutes of Meeting -June 9, 1999 #AB99-105 #0025 M/S/C/U (McConnell/Montgomery) Motion to approve 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. #0047 M/S/C/U (Montgomery/Arends) On June 16, 1999, the Council does approve for payment those vouchers included and further described as follows: 231559 through 231788 in the amount of $469,498.10. COUNCIL MEMBER REPORTS Mr. Montgomery reported on the well-attended Flag Day Ceremony at N.A.D. Park on Monday, June 14. On Saturday, attended a workshop sponsored by the Department of Natural Resources to discuss the future growth of Kitsap County, where a majority of attendees expressed their preference for more people to live in the cities and urban area, and to preserve as much of the "green" areas as possible. He corrected a quote made to a Sun reporter printed incorrectly in an article in today's edition... he said he would like to see improvements to the "Municipal Code" not "Municipal Courf'. Mrs. Arends commented that Kitsap Transit has done an excellent job directing passenger and vehicle traffic at the Ferry terminal during the construction. She also attended the Flag Day Ceremony, which she thoroughly enjoyed. TAPES #1623 & #1624 City Council Reg. Mtg. Minutes June 16, 1999 Page 2 of 5 Mr, Overson appreciated the progress made at the Ferry Terminal. He also reminded the public of the next District #-4 meeting to be held Thursday, June 24, 7:00 P.M. at the Mutual Bank building at 5th & Pacific. The Mayor and Fire Chief AI Duke will be in attendance. Mr, Law reported on a successful District #3 meeting held last night, and thanked Chief AI Duke for his outstanding presentation, and also Ktaus Golombek, CEO of a local bank, who gave a perspective from the financial aspect on Y2K issues. President Shepherd attended a very moving ceremony for the closure of the Naval planning and estimating facility in Manette, which has been in Bremerton for a number of years. He also attended the Department of Natural Resources workshop with Council member Montgomery, and was very impressed with the thought most people were giving to their comments about the future of Kitsap County and the environment. MAYOR'S REPORT Mayor Hodon warned the public to be aware of children now that school is out. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Charlene Burnett, Parks Department, announced a number of programs being offered now that school is out for the summer, such as the "Playground Express" and the "Sparky" programs. Anyone who would like further information may call 478-5305. She also encouraged the public to mark their calendars for the "Field of Blues" jazz event to be held at Pendergast Park on Sunday, July 18, 1999. Ray Streutker announced that Charleston Baptist Church has found a new location, and will move on Sunday, July 11, 1999. A celebration is planned, and the public is invited. Debbie Peavler-Stewart, Administrative Analyst with the Planning Department, announced the third annual "Finding Your Way Home" event to assist home-buyers at the Kitsap Mall, Center Court, on Saturday, June 19, 1999. Citizens can call 478-7996 or 478-5375 for additional information. Ruth Natividad representing "Citizens for Safe Water', asked for an update on the installation of fiuoridation equipment, and water testing. They would like to see the equipment dismantled and sold. 9A - PROFESSIONAL SERVICES AGREEMENT WITH LARSON ANTHROPOLOGICAL ARCHAEOLOGICAL SERVICES LIMITED, #AB99-106 Jodi Wroblewski, of the Parks & Recreation Department, reported that construction exposed shell midden deposits at the Evergreen Park Site during construction, on Wednesday, May 12, 1999. Larson Anthropological Archaeological Services Limited (LAAS) recorded the site on May 17, 1999, at the request of the Suquamish Tribe, and prepared a Washington Archaeological Site Inventory Form for the site. LAAS prepared a letter report that described the Evergreen Park Site and recommended additional site recording and construction monitoring activities. Roy Runyon referred to an article in the Sun that quoted the City Engineer as stating he would look at additional enforcement for speeding traffic on the newly paved Burwell Street. Mr. Runyon questioned where the money would come from since the Mayor and City Engineer recently told him that there is no money for traffic calming or additional enforcement. He feels that if there is no money TAPES #1623 & #1624 City Council Reg. Mtg. Minutes June 16, 1999 Page 3 of 5 for these pressing issues, then how can the City justify the $18,000 amount for this Professional Services Agreement "studying the dead". Mayor Horton explained the issue revolves around a discovery of an Indian burial site, which binds the City to comply with Federal Law requirements. Mrs. Arends commented that this is very meticulous work, where everything is done by hand, which adds to the cost of these types of projects. Mr. McConnell voiced his objections at this being a Federal unfunded mandate. He believes that at least 50% of the costs should be borne by the interested parties of the burial site. Mr. Farr suggested that in addition to the requirement by Federal Law, there is the spirit of cooperation and respect for the wishes and burial grounds of our Native American neighbors. #1125 M/S/C/U (Montgomery/McConnell) Motion to authorize the Mayor to enter into a Professional Services Agreement with Larson Anthropological Archaeological Services Limited to provide archeological assessment and clean-up to the Evergreen Park site for the Time and Material, not to exceed amount of $18, 766.74. 10A- ORDINANCE (FIRST READING) REVISING CODE OF ETHICS, #AB99-107 Glenna Malanca, City Attorney, reported that an Ordinance repealing and revising the Code of Ethics for City Officials and employees. This Ordinance has clarified the purpose of having a Code of Ethics and the expectations and penalties therein. Chapter 2.96 will be repealed in its entirety if the City Council adopts the attached Ordinance. Ms. Malanca pointed out this Code of Ethics goes above and beyond State Law. Susan Brown reported on information obtained from Municipal Research Services Center, and still sees that the primary problem is that it needs to be stated that the Commission on Council Salaries is not to be interfered with due the obvious financial connection. Del Knauss urged Council to make any necessary changes to make the document more "user- friendly". He addressed several other concerns, and asked 1) Were all 16 R.C.W.'s referred to in the Ordinance, attached to this Ordinance for Council review? 2) Who was the "Hearing Examiner"; 3) Which Code lists how a public official can be removed; 4) What specifically is a "frivolous complaint"; and 5) What does sua sponte mean? MS. Malanca recommended an amendment to the Ordinance to indicate "on the Judge's (Hearing Examiner's) own motion", rather than the Latin phrase sua sponte. She clarified there is a provision in the Code which identifies the Bremerton Municipal Court Judge as the current Hearing Examiner. She further explained the attempt to address the issue on how public officials can be removed in the ordinance under Chapter 2.96.010 the "Purpose" section. She pointed out that Chapter 42.23 of the State RCW also applies. Only the electorate can remove public officials. Mr. McConnell offered several possible amendments to include in the Code of Ethics. It was decided he would discuss these items further with the City Attorney before second reading of this ordinance. Mr. Montgomery took issue with the listing of so many R.C.W.'s, and was concerned that anyone with a question would need to go though each one. He questioned if there was a way to make the document more "user friendly" for the public. TAPES #1623 & #1624 City Council Reg. Mtg. Minutes June 16, 1999 Page 4 of 5 Mr. Reed referred to the "Violations" section, under Item (2) "Appearance of Fairness" and was concerned who would define if an individual has "pre-judged the merits" or had "personal bias"? Ms. Malanca stated the words were taken from the existing code, which goes beyond State Law as far as "Appearance of Fairness". If an issue was pursued, it would be a subject of a complaint, however, not a violation of State Law, where standards for an investigation would include an issue of "evidence" and a "preponderance of the evidence". President Shepherd further added that one reason for establishing a "Hearing Examiner" was to have someone who could evaluate the process. Ms. Malanca stated the reasons for listing the R.C.W.'s "as amended" instead of including the actual documents, is 1 ) to remain effective with updated State requirements; and 2) all of the R.C.W.'s are easily accessible, and her staff is willing to provide them at anyone's request. #2295 M/SIC (McConnell/Law) Motion for Council to approve Ordinance on first reading. Vote on motion: In favor: Farr, Arends, McConnell, Law, Overson, Shepherd Opposed: Montgomery, Reed Motion carried. 10B - ORDINANCE (FIRST READING) AMENDING CHAPTER 2.62 OF THE BREMERTON MUNICIPAL CODE, #AB99-108 Glenna Malanca, City Attorney, reported the attached Ordinance amends Chapter 2.62 by allowing the hearing examiner to have jurisdiction to receive and rule on complaints referred by the City Auditor, or as otherwise provided, in regards to the Code of Ethics. There were no comments from the Public. #2410 M/S/C/U (Farr/Arends) Motion to approve Ordinance on first reading. 10C - ORDINANCE (FIRST READING) REQUIRING APPLICANTS TO PAY FOR COSTS OF ANY NEWSPAPER NOTICES, #AB99-109 Phil Berry, Planning Department Director, stated the proposed Ordinance would require applicants to pay for any newspaper notice costs for permit types included under BMC Sections 21.02,840, 21.02.845, 21.02.850, and 21.02.855. Mr. Berry further stated that this is already being done in the County, and feels this is an equitable way to address this issue without raising overhead costs. Jon Holan, Planning Manager, referred to the analysis done to support this change, and pointed out the fees charged by Bremerton are generally lower than fees charged by other communities in the County. He clarified that his Department would still prepare the Legal Notice, the applicant would just pay the cost. There were no comments from the Public. TAPE #1624 #0182 M/S/C (Montgomery/McConnell) Motion to approve Ordinance on first reading, requiring applicants and/or appellants to pay for any notice which is required to be published in the newspaper. Vote on motion: In favor: Law, Farr, Arends, Montgomery, Reed, Shepherd Opposed: McConnell, Overson Motion carried. TAPES #1623 & #1624 City Council Reg. Mtg. Minutes June 16, 1999 Page 5 of 5 11A-PUBLIC HEARING AND RESOLUTION NO. 2709. REGARDING RECOVERY OF FEES FOR ABATEMENT OF GARBAGE. DEBRIS, AND UNSAFE STRUCTURE ON THE PROPERTY LOCATED AT 615 11TH STREET. #AB99-110 Judy Johnson, Building Official, reported that on April 20, 1999, the City removed a failing roof, furniture, appliances, and other garbage and debris, and fenced the perimeter of a garage structure located at 616 11th Street after the owners, Lloyd and Betty Hockett, failed to do so as ordered by the Building Official. The cost of the work, including administrative fees, totaled $3, 159.02. Council must now decide if the fees are just and reasonable and how they should be collected. Ms. Johnson presented the chronology of the abatement process for this property. She thanked Janet Lunceford for the pictures that were presented. There were no comments from the Public. Mr. Reed asked staff to include a statement on future abatements brought to Council that would indicate the owners received notice of the pending abatement. #0340 M/S/C/U (Montgomery/Farr) Motion to pass Resolution No. 2709 and order that the fees incurred for the abatement of a failing roof, furniture, appliances, and other debris and garbage and fencing of the perimeter of the garage located at 615 11th Street be collected as reasonable abatement costs and become a lien against the property. With no further business meeting adjourned at 7:15 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File