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HomeMy WebLinkAbout07/28/99 TAPES #1634, #1635, & #1636 CITY COUNCIL MEETING MINUTES July 28, 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, July 28, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Lon Overson, John Law, Cecil McConnell, and Wayne OIsen. Council member David Farr was absent. Also present were City Attorney Glenna Malanca, Deputy 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 Reverend William Wambsganss of West Side Baptist Church. 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 Executive Session to discuss "Litigation", in the Council Conference Room; (2) City Council will hold a 15-minute Executive Session immediately following the Council meeting to again discuss "Litigation", in the Council Conference Room; and (3) City Council will hold their Monthly Study Session in place of a regular business meeting next Wednesday, August 4, 1999, beginning at 5:30 P.M., in the Council Chambers. CONSENT AGENDA A. Minutes of Meeting - July 7, 1999 #AB99-143 B. Change Order No. 1 for SR 304 Transportation Project, #AB99-144 Burwell Street Improvements C. Change Order No. 2 for SR 304 Transportation Project, #AB99-145 Asbestos Removal No. 3 Contract #0025 M/S/C (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. Vote on Motion: In favor: Olsen, McConnell, Law, Arends, Montgomery, Reed, Shepherd Abstained: Overson Motion carried. 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. TAPES #1634, #1635 & #1636 City Council Reg. Mtg. Minutes July 28, 1999 Page 2 of 8 #0040 M/S/C/U (Montgomery/Arends) On July 28, 1999, the Council does approve for payment those vouchers included and further described as follows: 232806 through 233041, and EFT 5530 in the amount of $526,242.87; and Retiree Payroll for the period ending July 31, 1999 in the amount of $120,877.32. COUNCIL MEMBER REPORTS Mr. Montgomery invited citizens to attend the next District 6-7-8 meeting scheduled Thursday, August 19, 1999, 6:30 P.M., at the Bremerton Administration Building located at 134 N. Marion Avenue to discuss "Future Park Projects" with Cris Gears, the new Parks & Recreation Director. Mrs. Arends assured that treats would be available for attendees of the upcoming District 6- 7-8 meeting! She also provided a brief report on a recent tour of Bremerton Naval Station with her fellow Council members, which she found very interesting and impressive. Mr. Overson stated the next District 4 meeting planned to be held in August would possibly include discussions on Streets, the ferry system, Parks, or Downtown Development. Mr. Law announced the next District 3 meeting would be held on September 21. He also commented that TCI is in the middle of a very large change to replace cable, etc. However, some people are not receiving service, and not getting appropriate response after phone calls to the TCI Cable offices, He encouraged citizens to report any loss of service to the Cable Company, and asked that the appropriate amount of charges be deducted. He further added that other cities are filing suits to allow other cable vendors to supply service. Mr. McConnell announced that District 2 is also planning a meeting to be held either the last week of August or the first week of September, as soon as a location is determined. He complimented the Street Department for their recent work installing rounded sidewalks at the corner of Sheridan & Cherry. Lastly, he announced a "Watermelon & Treasure Hunt" event sponsored by the Parks Department to be held August 1, 1999 at 1:00 P.M. at N.A.D. Park. Mr. Olsen added further comments regarding TCI Cable service, and stated that after the switch to fiber optics, he lost some channels. He suggested the company send out notices to identify the new locations of the channels. He did add his compliments to them, however, at how quick they are trying to accomplish the upgrades. He also commented on the recent ruling to slow down the Chinook foot ferry, and questioned why the Sun could not report the names of the four witnesses who testified in support of slowing down the ferry. President Shepherd reported on the recent District 5 "picnic/meeting" held last week on the steps of Memorial Lutheran Church. He also reported on a very successful Bible Vacation School held at the church last week, and was amazed at the number of young families who have moved into Bremerton. A meeting is being planned to celebrate the grand re-opening of Evergreen Park, possibly on September 11, 1999, and he asked anyone who might have pictures showing the history of the park, to provide them for a planned display. He briefly provided a report on a "fish raising" activity to increase the salmon population.. TAPES #1634, #1635 & #1636 City Council Reg. Mtg. Minutes July 28, 1999 Page 3 of 8 MAYOR'S REPORT Mayor Horton announced several upcoming events in the community, and provided an update on the next course of action regarding the slowing of the Chinook Foot Ferry. A Proclamation was read proclaiming that on August 2, 3, & 4, 1999 the City of Bremerton reaffirms its alliance with its Sister City, Kure, Japan, on the 30th Anniversary and agree to continue its support of the program in every way possible. LEGISLATIVE REPORT A response was provided by the legal department reporting Mr. Paul Drnjevic submitted a Request for Public Records on July 21, 1999, however, he did not request specific, identified records. The request actually comprised of a series of letters containing questions. Although the City Council believes that every issue has been addressed, they are reviewing the series of 5 letters sent over a 6-month period to ensure nothing has been left out. PUBLIC RECOGNITION Louis Mentor and Susan Brown offered their comments on the recent ruling on the slowing of the Chinook Foot Ferry. Tom McDonald reported on the upcoming SCI Escape School program to teach parents and children how to avoid abductions. Carol Atkinson reported on the next "Concert on the Boardwalk" this Friday night. She urged anyone interested in purchasing a brick or granite, to turn in the request right away. Gordy Byrd reported on his plans for a walkathon, and invited the Council to participate. John Becker was concerned that items placed on the Consent Agenda do not allow for public comment. Paul Drnjevic commented on the response received from the City regarding his inquiries. Mark Bensik was disappointed that the City's web page has not been updated recently. President Shepherd responded that a contractor has recently been hired by the City to update and maintain the City's web page. 9A - HABITAT FOR HUMANITY EASEMENTS, #AB99-146 Gene Sampler, Director of Public Works & Utilities, showed a visual to illustrate the location, and reported that the Habitat for Humanity has purchased two parcels of land owned by the City near the Wastewater Treatment Plant. They intend to construct homes on the parcels. After purchase of the properties, it was discovered that there was no hookup for sewer. The easements that are before Council are through other pieces of property owned by the City. The properties purchased by Habitat for Humanity are identified on each drawing by an "X" across each parcel. There is an advantage for the City in granting these easements to Habit for Humanity at no cost. TAPES #1634, #1635 & #1636 City Council Reg. Mtg. Minutes July 28, 1999 Page 4 of 8 John Becker questioned if these parcels were near the property purebased by the City to avoid further lawsuits due to the wastewater treatment plant; was there any costs to add these easements; and questioned when the sale of these properties occurred. Mr. Sampley responded that the City purchased the properties, which are approved for residential development. He clarified the only properties designated to not be constructed as residential were north of the treatment plant. The developers, not the City, will pay for the costs for development of the properties, and further stated the properties were surplussed by the Council approximately two years ago, and have been actively marketed during that time. There will be no additional cost to the City for the easements, and he clarified the properties are all on septic systems. #1840 M/SIC (Montgomery/Overson) Motion to approve the easements as written and authorize the Mayor to sign. Vote on Motion: In Favor: Overson, Arends, Montgomery, Reed, Olsen McConnell, Shepherd Abstain: Law Motion carried. 9B - PROFESSIONAL SERVICES AGREEMENT FOR ANDERSON COVE CSO PUMP STATION CW-2 MODIFICATIONS WITH CASNE ENGINEERING, INC, #AB99-147 Gene Sampler, Director of Public Works & Utilities, reported that the Facility Plan for CSO reduction in the Anderson Cove Basin recommends modifying wastewater pump station CW- 2 to convey the peak stormwater flow. Casne Engineering, Inc. is identified as having a demonstrated ability in electrical engineering, and was selected from the professional services roster to perform the electrical design of the pump station modifications. The action before the City Council is approval of a contract for Professional Services with Casne Engineering, Inc. #1965 M/S/C/U (Montgomery/Olsen) Motion to approve contract for $16, 600 with Casne Engineering, Inc., for Professional Services, and authorize the Mayor to execute the same. 9C - FLUORIDATION EQUIPMENT DISPOSITION, #AB99-148 Gene Sampley, Director of Public Works & Utilities, stated the recommendation before the City Council is that they approve the Mayor's plan for the disposition of fluoridation equipment as follows: · Surplus and sell the fluoride analyzer · Leave the chemical piping, injection yard piping and storage tank in place, and · Surplus and remove items 7 through 13 to either sell or maintain as water/wastewater utility inventory as shown in exhibit (2). Mr. Sampley stated that three foreseen uses were provided to Council in response to a request for additional information at the July 12, 1999 Monthly Study Session, and discussed three additional alternatives. He did not see any benefit to move and destroy the materials. TAPES #1634, #1635 & #1636 City Council Reg. Mtg. Minutes July 28, 1999 Page 5 of 8 John Becker asked the cost for the City to provide the labor to take out the equipment and sell it? Ruth Natividad did not understand what the "future regulations" were; and Paul Drnjevic questioned why it took four months for this issue to be addressed. Mr. Sampler responded that a number of options were explored. He placed the value of the tank at approximately $15,000, but stated there were several obstacles to removing it intact. He discussed the "knock out wall", however estimated a cost of $10,000 to remove the wall, and then replace it. He stated a reasonable estimate of 60% was used for salvage costs. He also explained that there are still costs involved in using City staff for labor, which must be accounted for. He further discussed future Water Quality regulations, which have had a history of "increasing" rather than "decreasing". Mr. Reed asked other uses of the tank if left in place, and would it deteriorate. Mr. Sampler stated no, as long as it was not exposed to sunlight. Mayor Horton explained the issue of fluoridation was brought to the City and the Council by a group of citizens representing members of the community. After extensive time, research, and input from numerous professionals in the field of dentistry, a policy decision was made by the Council to fluoridate the City's water system. The administration was then directed to move forward with implementation. Once the fluoride issue went to a vote of the people, it was the understanding of the administration that the construction project would continue to move forward so as to not incur additional costs, but the actual implementation of the fluoride would not occur until after the election. When the vote of the people came back saying "no" to fluoride, the issue then became "what to do with the equipment", which Council decides. Mr. McConnell asked for clarification on Alternative 2; and asked if there is anyone interested in purchasing the equipment if it was removed entirely. Mr. Sampley clarified that Alternative 2 is saying that the higher priced equipment that can be removed could be disconnected from fittings that would remain in place; and further stated that there are a number of entities that might be interested in the equipment, but only at a 60% return. Mr. Montclomery, for the benefit of the public, asked for reassurance that the water could not be fluoridated without the fluoride analyzer. Mr. Sampley assured him it could not. Mr. Law personally viewed the inside of the building, and questioned if Mr. Drnjevic and John Becker had also viewed it. Mr. Drnjevic stated that he and Mr. Becker had. Mrs. Arends and Mr. Olsen offered their comments to support the Administration's decision. President Shepherd stated the tumultuous period is over, and clarified that the issue tonight is a business decision to make the most effective recovery of costs for the City. #0596 M/S/C/U (Montgomery/McConnell) Motion to surplus and sell the fluoride analyzer, and prohibit any fluoride analyzer be purchased without a vote of the citizens of Bremerton, and items 2 -13 remain in place until such time that they are needed. TAPES #1634, #1635 & #1636 City Council Reg. Mtg. Minutes July 28, 1999 Page 6 of 8 Vote on motion: In favor: Arends, Montgomery, Olsen, Opposed: Reed, McConnell, Law, Overson, Shepherd Motion failed. M (Reed) Motion to adopt "Alternative 2", but remove items 1 and 5 through 13. Motion died for lack of a second. #0698 M/S/C/U (Law/Arends) Motion to approve Mayor Horton's proposal for disposition of fiuoridation equipment, and prohibit the purchase a fluoride analyzer without prior approval by City Council. Vote on motion: In favor: Olsen, McConnell, Law, Overson, Arends, Reed, Shepherd Opposed: Montgomery Motion carried. 10A - ORDINANCE NO. 2662 (SECOND READING), AUTHORIZING THE ISSUE OF GENERAL OBLIGATION BONDS TO REFINANCE THE OLYMPIC COURSE AT GOLD MOUNTAIN GOLF COMPLEX, AND TO ACCEPT THE PURCHASE OFFER FROM SEAFIRST BANK, #AB99-139 Rich Hanna, City Treasurer, reiterated the City currently has outstanding $4,605,000 of Limited-Tax General Obligation Bonds which were issued to provide funds for the construction of the Olympic Course at Gold Mountain. These bonds mature through the year 2007. The proposed ordinance will refinance the current bond issue with a new one, which will be structured to mature through the year 2018. The refinancing will provide a lower annual debt service obligation over a longer time period. This in turn will provide the golf course operation with greater financial flexibility both in current operations and in future capital improvements to the courses. The total net-present-value cost of the original issue and the refunding issue are virtually the same. Mr. Hanna provided the Purchase Offer From Bank of America and the final copy of Ordinance No. 4662 to the City Council members. John Becker offered his opinion that this item be "tabled" until it can be figured out why the golf course is not making enough money, possibly increasing or decreasing green fees. Paul Drnjevic concurred, and further suggested additional advertising. Mr. McConnell asked what were the current payments on the existing bond, and why was a shorter term looked at. Mr. Hanna assured the Council that pricing of green fees has been looked at, and stated that decreased fees are offered during off.season. He stated the shorter term provided greater financial latitude, and has a call provision at year ten, allowing greater flexibility. Mayor Horton clarified that if the bond market would have been different, they would have purchased 20-year bonds, and this issue would not have been before Council tonight. #1568 M/S/C/U (Montgomery/McConnell) Motion to pass Ordinance No. 2662, authorizing the refunding bond issue on second reading and to accept the purchase offer of Seafirst Bank. TAPES #1634, #1635 & #1636 City Council Reg. Mtg. Minutes July 28, 1999 Page 7 of 8 Vote on Motion: In Favor: Montgomery, Reed, McConnell, Law, Overson, Arends Opposed: Olsen, Shepherd Motion carried. 11A - PUBLIC HEARING AND APPEAL OF AN ADMINISTRATIVE INTERPRETATION OF A SIDE YARD SETBACK AT 2111 MADRONA POINT DRIVE (PL99-0037), #AB99-149 Jon Holan, Planning Manager, reported the appellant is appealing the issuance of a Zoning Ordinance Interpretation of BMC 21.02.070, the definition of appurtenance, decks and porch as well as BMC 21.02.170, and 180 that appellant states allow intrusions up to three feet from the property line. The appellant states that the deck/porch should be allowed by existing setback rules in effect and seeks Council review. Pursuant to Bremerton Municipal Code (BMC) Section 21.02.845 (d), this Type If decision can be appealed to the City Council. A series of questions and options, with an analysis on each, were supplied to the City Council. President Shepherd announced this was a Quasi-Judicial issue, and asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused? Mr. Overson and Mr. Olsen both stepped down. Mr. Law stated he received phone calls on this issue, and although he requested the conversation to stop, he volunteered to step down if it was requested. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". Paul Scheyer suggested Mr. Law step down, and Mr. Law complied. All other Council members remained seated (Shepherd, Arends, Montgomery, Reed, and McConnell). Paul Scheyer asked for the "rules" of the hearing to be clarified. He then proceeded to provide testimony (original documents were submitted, and are now part of the official record), which contained information on 1) his views on staff interpretation of accessory structures; 2) references to B.M.C. 21.02.210(b) and B.M.C. 21.2.170; 3) his views on staff interpretation of rules concerning "attachments"; 4) B.M.C. 21.02.030; 5) questioning authority of Planning Director in this determination; and 6) his opinion that staff is "bypassing legislative process. TAPE #1636 Linda Hahn was opposed in any change to the Planning Department's decision, and referred to B.M.C. 21.02.090, She stressed that if Mr. Scheyer is allowed to construct this structure within 3 feet of her property, it will place the edge of his deck within 6 feet from her living room, and will invade her privacy. Mr. Montgomery referred to page 38 of the packet, and asked Mr. Holan if there were any obstructions to the view corridor, and asked for clarification of the definition of view corridor. He then referred to the memo from the City Attorney, and verified that an accessory dwelling is different from an accessory structure (detached). TAPES #1634, #1635 & #1636 City Council Reg. Mtg. Minutes July 28, 1999 Page 8 of 8 Mr. McConnell stated that the Council must apply all codes and laws of current ordinances. Mr. Shepherd asked how far the porch is from the property line? Mr. Scheyer stated it was only one corner, which was estimated to be about 10 feet from the property line. #1400 M/S/C/U (Reed/Montgomery) Motion to affirm Staffs interpretation of the code that an attached deck/porch is not considered an accessory structure, but an addition to the primary structure. Vote on Motion: In favor: Arends, McConnell, Reed, Montgomery Opposed: Shepherd With no further business meeting adjourned at 9:32 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File