HomeMy WebLinkAbout08/18/99TAPES #1641 #1642
CITY COUNCIL MEETING MINUTES
AUGUST 18, 1999
The weekly 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, August 18, 1999, at 5:30
P,M., with Council President Mike Shepherd presiding. Council members present were Jim Reed,
Carlos Montgomery, Carol Arends, David Farr, John Law, Cecil McConnell, and Wayne OIsen.
Councilman Lon Overson was absent. Also present were City Attorney Glenna Malanca, Deputy
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 Pastor Randy Fulton of the Silverdale Baptist Church.
Council President Shepherd made the following announcements:
(1) City Council held a Study Session prior to the meeting to discuss general Council business.
(2) City Council will hold a 30-minute Study Session immediately following the City Council
meeting to discuss a "Report from Kitsap Community Facilities Committee".
CONSENT AGENDA
A. Minutes of Meeting - July 21, 1999 #AB99-165
B. Minutes of Meeting - July 28, 1999 #AB99-166
C. Resolution N. 2722 Converting Tax Title Strips into Rights-of-Way #AB99-167
#0030 M/S/C/U (McConnell/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.
#0055 M/S/C/U (Montgomery/Arends) On August 18, 1999, the Council does approve for payment
those vouchers included and further described as follows: 233500 through 233692 in the amount of
$269,970.98; and Regular Payroll for the period ending August 15, 1999 in the amount of
$763,225.79.
COUNCIL MEMBER REPORTS
Mr. Law announced the first ever "Manette-Fest" on Saturday, August 28, 1999 from 2:00 to 9:00
P.M. at the Manette Community Outdoor Stage, located on the north side of East 11th Street, between
5th and Perry. There will be several groups performing lively music. Donations will be accepted, with
proceeds to go to the American Red Cross to assist relief efforts in Turkey. He also announced a
District 3 meeting on September 21, 1999 at 7:00 P.M. at the Senior Center to review the Manette
Study, with special guest Mindy Stahl.
Mr. Farr encouraged citizens to attend the District 6-7-8 meeting scheduled tomorrow night at the
Bremerton Administration Building at 134 N. Marion Avenue.
Mrs. Arends also invited citizens to attend the District 6-7-8 meeting beginning at 7:00 P.M. to hear a
presentation by Mayor Horton and Cris Gears, the new Parks Director.
TAPES #1641 & #1642
City Council Reg. Mtg. Minutes
August 18, 1999
Page 2 of 7
Mr. Montgomery reminded citizens that the District 6-7-8 meeting would be held in the Curriculum
Library, and to follow posted signs.
President Shepherd invited citizens to attend a number of fun activities planned for the grand
reopening of Evergreen Park on September 11, 1999, co-hosted by the City's Parks Department and
District 5.
LEGISLATIVE REPORT
A response from the City Attorney was read into the record, addressing the question "what gave the
City the legal right to omit the public from legal action taken by the Council" asked by Gordy Byrd.
President Shepherd added that the Council has always been very responsive to citizens concerns.
Mayor's Report
Mayor Horton reported she recently attended several meetings regarding the KPS situation. She
acknowledged the community should play a role in rehabilitating KPS due to it being a major business
in the area. The City of Bremerton also stands to benefit from such efforts since a number of its
employees are covered by KPS; an update was also provided on the Chinook Ferry lawsuit.
Mayor Horton then introduced the Royalty for 1999's Kitsap County Fair & Rodeo, including Rodeo
Queen Leslie Calderwood and "Katie Kitsap", who discussed this year's event.
Mayor Horton concluded her report by reading a message regarding a quilt that was presented to
the Mayor and City of Bremerton from the Bremerton Housing Authority and Americorp. It was made
as a symbol of togetherness, in memory of the Kona Village Fire of 1997, which destroyed property
and life, by the staff and children of the West Park Sports Activity Center.
PUBLIC RECOGNITION
Carol Atkinson invited the public to attend the last of the summer music series on the Boardwalk, to
see the "Tim Turner Band".
Del Knauss voiced his opinion regarding Council's decision to schedule a Study Session the first
Wednesday of the month in place of a regular business meeting. He encouraged the Council to
maintain the current meeting practices, rather than proceed with this change, which includes
elimination of Public Recognition.
9A - RESOLUTION NO. 2723, ADOPTING SOLID WASTE MANAGEMENT PLAN, VERSION
NOVEMBER 6, 1998, AS REVISED, #AB99-168
President Shepherd announced that Item 9A would be postponed until the meeting of 8/25/99.
9B - RESOLUTION NO. 2724. APPROVING FALCON CABLE CHANGE OF CONTROL TO
CHARTER COMMUNICATIONS. #AB99-169
Kathleen McCluskey, Administrative Services Director, along with Jerry Rotondo, Manager of
Falcon, reported that Charter Communications Holding Company, LLC has requested approval of
Transfer of Control of Falcon Cable TV to Charter. Falcon currently serves 84 customers in the City
of Bremerton, and has confirmed that they have no written complaints or service calls on file at this
time. Further, Falcon has indicated that the system upgrade as required in Section 4.3 of the
franchise is very near completion. Staff recommends approval of the attached Resolution with
conditions:
TAPES #1641 & #1642
City Council Reg. Mtg. Minutes
August 18, 1999
Page 3 of 7
1. Compliance with the franchise
2. Provide organization and proxy statements
3. Non-discriminatory access to cable modem platform
4. Comply with commercial leased access requirements
5. Reimbursement of City costs to review transfer, if any
6. Compliance with all other applicable legal requirements
7. Responsibility for any non-compliance by franchises
8. Provide written acceptance of conditions
There were no questions or comments from the public.
#0940 M/S/C/U (Farr/Arends) Motion to approve Resolution No. 2724, granting transfer of control of
Falcon Cable TV to Charter Communications Holding Company, LLC.
10A - CONFIRMATION OF CRIS GEARS TO PARKS & RECREATION DIRECTOR, #AB99-170
Mayor Horton reported on Cris Gears' experience and qualifications in the field of Parks and
Recreation. Of those supporting documents, there is also an attached contract.
There were no questions or comments from the public.
#1090 M/S/C/U (Montgomery/Olsen) Motion to approve the confirmation of Cris Gear to Parks and
Recreation Director.
Cris Gears thanked the Council for their kind and flattering words, and is looking forward to a long
and rewarding career with the City.
10B - BUDGET ADJUSTMENT #99-9 FOR STAFFING AUTHORIZATION CHANGES, #AB99-171
Gene Sampley, Public Works & Utilities Director, requested Council to authorize two staffing
changes, one in Public Works & Utilities, and one in Engineering. They are as follows:
Public Works & Utilities: Accounting Assistants (AA) currently authorized are four AA-Seniors, three
AA-II's, and one AA-I for a total of eight (See Exhibit 1 ). The requested change deletes the AA-I, and
increases the AA-II's to four, still totaling eight (See Exhibit 2). The purpose of this request is to more
appropriately reflect current requirements, and allow for a greater amount of flexibility in cross training
and assignment of duties.
Engineering: Engineering Technician IV's currently authorized are two (See Exhibit 3). Requested
change increases this level to three (See Exhibit 4). This .additional position will be in direct support
of the CSO Reduction Program implementation required by Consent Decree. Funding is available for
this position through grants and loans from the Department of Ecology.
Mr. Sampley stated there is sufficient budget available for the increased salary for this year, and
added that no utility rate increases would result from this change.
Vice-President Carol Arends stepped out of the meeting at 6:15 P.M. and returned at 6:20 P.M.
There were no questions or comments from the public.
Mr. McConnell asked for clarification that if funding was available through the year 2000 from grants
and loans from the Department of Ecology for the Engineering Technician IV, where would funding
TAPES #1641 & #1642
City Council Reg. Mtg. Minutes
August 18, 1999
Page 4 of 7
come from after that? He also asked if this was a new position. Mr. Sampley responded that the
need is for continuing support for the CSO Program, which will go through the year 2007. He is
confident that during that period, staffing needs would be stabilized. He explained that his
Department has had turnover, which created openings a month or two at a time, which in turn
provided sufficient budget to carry the position through the end of 1999.
Mr. Montgomery stated he understands the grants do not need to be paid back, but questioned how
the loans would be repaid. Mr. Sampley explained there would be an extended payment schedule
as are other program expenses. There are several loans with the Public Works Trust Fund and the
Centennial Clean Water Fund that will be paid back through rates over a period of time.
#1525 M/S/C/U (Farr/Montgomery) Motion to approve Budget Adjustment 99-9 to revise authorized
staffing for Accounting Assistants within the Public Works and Utilities Department and Engineering
Technician IV's in the Engineering Division.
100 - BID AWARD FOR ASBESTOS REMOVAL NO. 4 CONTRACT FOR 8R-304
TRANSPORTATION PROJECT, #AB99-172
Randy Witt, City Engineer provided a brief history of this project, and stated bids were opened for the
SR-304 Transportation Improvement Project, Asbestos Removal No. 4 contract on August 9, 1999.
This is the fourth phase of the removal and disposal of asbestos in structures located within the SR-
304 Transportation Improvement Project. This contract will remove and dispose of asbestos from
eight separate parcels occupying right of way. Three bids for this project were received, with Walker
Specialty Construction, Inc. as the lowest responsive bidder with a bid of $49,157.42. The engineer's
estimate for this project was $94,070.16. The action before the City Council is approval of a contract
with Walker Specialty Construction, Inc. for the SR-304 Transportation Improvement Project-
Asbestos Removal No. 4 contract.
There were no questions or comments from the public.
Mr. McConnell questioned if this was a "fixed" price. Mr. Witt stated it was fixed per house.
#1660 M/S/C/U (Montgomery/Arends) Motion to approve award of the bid of $49,157.42 with Walker
Specialty Construction, Inc. for the SR-304 Transportation Improvement Project- Asbestos Removal
No. 4 contract, and authorize the Mayor to execute the same.
10D - PURCHASE OF THREE (3) WASTEWATER PUMP ASSEMBLIES AND THREE (3)
VARIABLE FREQUENCY DRIVES FOR PUMPS FOR PUMP STATION CW-2, #AB99-173
Pat Coxon, Wastewater Treatment Plant Manager, provided bid information with regards to the
asbestos removal project, and stated the Department of Public Works & Utilities seeks approval for
the purchase of three (3) pump assemblies and three (3) variable frequency drives for the upgrade of
Pump Station CW-2. This upgrade is required as part of the Anderson CSO Reduction project to be
completed this year. Bids were called and opened for the three pump assemblies August 16, 1999
per City policies and procedures, with 2 bids received (see Exhibit 1). Staff recommends award to
Pumptech, the low responsive bidder, in the amount of $39,614.02 including sales tax. City Council
has previously authorized sole source purchase of Allen Bradley variable frequency drives to be
consistent with existing standardized installations for pump station upgrades. North Coast Electric is
the supplier of Allen Bradley equipment and the Department seeks approval for the sole source
purchase of three (3) variable frequency drives in the amount of $33,998.60 See (Exhibit 3). Staff
recommends approval.
TAPES #1641 & #1642
City Council Reg. Mtg. Minutes
August 18, 1999
Page 5 of 7
There were no questions or comments from the public.
#1845 M/S/C (Montgomery/Arends) Motion to approve award of three (3) pump assemblies to the
lowest responsive bidder, Pumptech, in the total amount of, $39,614.02 and authorize the Mayor to
purchase the same in accordance with standard policies and procedures.
Vote on motion: In favor: Olsen, McConnell, Law, Farr, Arends, Montgomery, Shepherd
Abstain: Reed
Motion carried.
#1880 M/S/C (Montgomery/Arends) Motion to approve the sole source purchase of three (3) Allen
Bradley variable frequency drives from North Coast Electric at a total cost of $33,998.60, and
authorize the Mayor to purchase the same in accordance with standard policies and procedures.
Vote on motion: In favor: Olsen, McConneil, Law, Farr, Arends, Montgomery, Shepherd
Abstain: Reed
Motion carried.
11A - ORDINANCE NO. 4663 (SECOND READING) REPEALING B.M.C. CHAPTER 2.80, "RULE-
MAKING PROCEDURES" IN ITS ENTIRETY, #AB99-158
Glenna Malanca City Attorney, reiterated this was an Ordinance repealing the Rulemaking
Procedures. This ordinance would be repealed due to the lack of need for procedures for rulemaking.
This is a housekeeping measure to eliminate an outdated ordinance, which jeopardizes current
practices. Chapter 2.80 would be repealed in its entirety.
There were no questions or comments from the public.
#1930 M/S/C/U (Montgomery/Arends) Motion to pass Ordinance No. 4663 on second reading.
11B - ORDINANCE NO. 4664 (SECOND READING) AND SUMMARY RELATING TO VACATION
OF PUBLIC RIGHTS-OF-WAY (B.M.C. CHAPTER 11.20): AND AMENDING B.M.C. CHAPTER
21.02.850, #AB99-159
Randy Witt, City Engineer, reiterated that City staff has prepared a new ordinance on the vacation of
public rights-of-way. This ordinance streamlines and simplifies the vacation procedure, and brings it
in conformity with State Law. The new ordinance repeals the existing BMC Chapter 11.20, Street and
Alley Vacation Procedure, in its entirety replacing it with a new Chapter 11.20, Vacation of Public
right-of-ways, and removes rights-of-way vacations from the Type III City Council Decisions in BMC
21.02.850. A Summary Ordinance for publication has been prepared. Staff recommends passage of
the ordinance.
Mr. Farr left the meeting at 6:35 P.M.
There were no questions or comments from the public,
#2020 M/S/C/U (Montgomery/Arends) Motion to pass Ordinance No. 4664 on second reading,
including the Summary.
TAPES #1641 & #1642
City Council Reg. Mtg. Minutes
August 18, 1999
Page 6 of 7
11C - ORDINANCE NO. 4665 (SECOND READING) SETrING FEES FOR VACATION OF PUBLIC
RIGHTS-OF-WAY, #AB99-160
Randy Witt, City Engineer, reiterated that City staff presented to the City Council a new ordinance on
the vacation of public rights-of-way. This companion ordinance establishes a fee structure for
processing the applications for vacation under the new ordinance. It sets an application fee of
$517.00, which is the existing fee. It allows for automatic annual adjustments based upon the Seattle
Area Consumer Price Index. Staff recommends passage of the ordinance.
There were no questions or comments from the public.
#2090 M/S/C (Montgomery/Arends) Motion to pass Ordinance on second reading.
Vote on motion: In favor: Arends, Montgomery, Reed, Olsen, Law, Shepherd
Opposed: McConnell
Motion carried.
Mr. Farr returned to the meeting at 6:45 P.M.
President Shepherd announced that in the future, he would interrupt the Agenda at or near 6:00
P.M. to begin Public Hearings when there are attorneys and citizens waiting to testify. He then read
the Appearance of Fairness Doctrine. All Council members remained seated.
12A - PUBLIC HEARING AND RESOLUTION NO. 2702, ADOPTION OF 1998 COMPREHENSIVE
PLAN AMENDMENTS, #AB99-075
Jon Holan briefed the Council of the Amendment process and the components of the amendment.
He stated that the City Council is requested to conduct this public hearing on Comprehensive Plan
Amendment CPA 98-0001, which includes amendments to the Comprehensive Plan, and Zoning
maps and text amendments to the Comprehensive Plan.
Staff recommends that the City Council approve the findings of the proposed amendment:
· Is consistent with the GMA and not result in conflicts between the plan and regulations;
· That any change in development will not create significant adverse impacts on existing land uses,
businesses or residents;
· Can be accommodated by all applicable public services and facilities including transportation;
· Help implement the goals and policies of the Comprehensive Plan; and
· The proposal has been sent to Kitsap County for review and comment.
Elizabeth Buell asked for clarification on what types of businesses are located near the schools, and
the portion of the presentation that dealt with fluoridation. Mr. Holan offered a copy of a map which
illustrated the area being discussed, and stated a variety of commercial activity is allowed near
schools, but along the order of small grocery stores, convenience stores, or Laundromats. The
proposed amendments to the Capital Facilities referenced the topic of fiuoridation, however, he stated
the text was written prior to the vote on this issue, and that text will be removed.
Carol Arends left the meeting at 6:50 p.m. and did not return.
Mr. Montgomery recently visited the Port Blakely Tree Farm with members of the County and the
City, including the Kitsap County Planning Director, and it was explained how boundaries were pulled
back from various creeks to avoid any conflict, possibly paving the way for annexation to the City.
TAPES #1641 & #1642
City Council Reg. Mtg. Minutes
August 18, 1999
Page 7 of 7
Mr. Holan explained, however, that the County would need to re-designate the site as an Urban
Growth Area before the City could consider annexation. Their determination would come through the
Review and Approval of the Sub-Area Plan, which is currently being developed. Mr. Montgomery
asked for clarification that actual plans for businesses would be decided at a future date, and the only
issue tonight is merely getting the City's Comprehensive Plan in compliance. Mr. McOonnell asked if
the property has been platted down into several different lots, or is the City attempting to fezone just
a portion? Mr. Holan stated it was his understanding that this is under a singular property owned by
the School District, and this plan would take a portion of the land and re-designate it as General
Commercial. It is also his understanding that the purpose of this, is to surplus the property.
TAPE #1642
#0130 M (McConnell) Motion to remove that portion of the Comprehensive Plan Amendment
regarding the Bremerton School District property on Wheaton Way. Motion dies for lack of a second.
#0168 M/S/C (Law/Montgomery) Motion to delete any reference to fluoride in the Comprehensive
Plan Amendment CPA 98-0001.
Vote on motion: In favor: Farr, Montgomery, Reed, Olsen, Law, Shepherd
Opposed: McConnell
Motion carried.
#0190 M/S/C (Montgomery/Reed) Main Motion to approve Resolution No. 2702, and adopt the
Comprehensive Plan Amendment CPA 98-0001.
Vote on motion: In favor: Montgomery, Reed, Olsen, Law, Farr, Shepherd
Opposed: McConnell
With no further business meeting adjourned at 7:05 P.M.
City of Bremerton
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