HomeMy WebLinkAbout03/16/94 COUNCIL
APPROVED
I AR 3 0 199
TAPE #1183 UNAPPROVED DRAFT
CITY COUNCIL MEETINg MINUTES
M~RCH 16. 1994
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, March 16, 1994, at 5:30 P.M.,
with Council President Eileen Fitz presiding. Council members
present were Richard Neville, Morrie Dawkins, David Fart, Lon
Overson, John Law, A1 Colvin and Sherril Huff-Menees. Councilman
Bob Winters was absent. Also present were City Attorney Ian
Sievers and Acting city Clerk Rich Hanna.
The meeting opened with the Pledge of Allegiance led by Council
President Fitz and Invocation given by Councilman A1 Colvin.
~0NSENT agENDA
A. Minutes of Meeting - March 2, 1994, AB94-051
#0022 M/S/C/U(Neville/Farr) to approve the Consent Agenda as presented.
CLAIMS/W/~NT 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.
#0041 M/S/C/U(Colvin/Dawkins) March 16, 1994, the Council does approve
for payment those vouchers included and further described as
follows: 173698, 173700 through 173860 in the total amount of
$638,422.93.
COUNCiL MEMBER REPORTS
Mr. Colvin reported today at the Bremerton Central Lions Club
meeting he heard a presentation by Bremerton Police Officer Gerald
Fitzpatrick, who played the bagpipe, share information on gang
activity and its impact on the City and the responsibility of
citizens to be involved and become knowledgeable of what's going on
in the community. He attended District #3's neighborhood meeting
on March 16, which was well attended and very enjoyable. He
reminded everyone that District #1's Neighborhood Coalition Meeting
will take place March 24, 7:00 P.M., at the Sheridan Park
Recreation Center.
Mr. Dawkins wished his wife a "Happy Anniversary".
Mrs. Huff-Menees stated it came to her attention there was a
TAPE %1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 2 of 16
question regarding the possibility that she may have breached a
Council policy in her comments at the previous meeting following
Mrs. Long's public comment. The policy in question is: there is
not a rebuttal from Council to public comment. She emphasized she
did not rebut any of Mrs. Long's comments, but did question the
appropriateness of her bringing to Council aquestionnaire that was
not issued by the City Council but was issued by her Council
representative with the intention of having it returned to her
Council representative. She apologized to anyone who might have
felt she had rebutted Mrs. Long's comments or anyone's comments.
She gave credit to Mrs. Long for her regularly attending City
Council meetings and uses those opportunities to make her views
known. While Council welcomes input from all citizens, they also
know that opportunity and rights for Mrs. Long have not been
infringed upon by anyone on the City Council. If rules have been
bent at all, they have been bent in Mrs. Long's favor in terms of
allowing comment even at such time when the discussion is closed to
public comment.
Mr. Law reported District #3's monthly meeting was held March 16
and he was pleased to report those in attendance were in excess of
50 people. He appreciated having City Engineer Randy Witt discuss
some of the aspects of the repair of the bridges, particularly the
Manette Bridge. They were honored to have Senator Betti Sheldon
participate in that discussion. At that same meeting, the K-Prep
program was presented.
Mr. Fart reported today he had the privilege to serve on the
selection committee for the consultant films for repairs and
upgrades to the wastewater treatment plant and collection facility.
He was quite impressed with the quality of the four consultant
fi£ms interviewed. He learned through this process that Bremerton
is not the only place where sewer treatment plant odor problems
were encountered. That information was documented as experience and
qualifications of the consulting firms vying for the City's
contract. And, such problems were not limited to the northwest,
but reached across the nation where communities were backfitting
sewer plants with equipment that will correct odor problems. In
reference to his District #6 questionnaire, he shared the following
response: overwhelming majority of the responses listed as one of
their highest concerns the trashiness of some of the neighborhoods.
Their wishes included having such areas cleaned up, which they felt
would result in putting pride back in the community. Mr. Fart
shared their view and recently viewed a program on CNBC, sponsored
by a Board of Realtors, that pointed out trash in the neighborhood
could devaluate property by 15% at time of sale, and
vacant/abandoned/ derelict houses could devaluate property by 35%
when trying to sell them. He feels strongly that this is an issue
that concerns everyone, both in attitudes and pocketbooks. He
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 3 of 16
encouraged people to bring forth their feelings on this issue
through letters to him, Mayor Horton's office or the City Council
office. The City already has in place a complaint reporting
process through the Building Department and he encouraged anyone
who is aware of a trashy condition within their area to file a
complaint.
Mr. Neville expressed his sympathy to the Carpenter family in the
passing of Murrel Carpenter, who dedicated over 27 years of service
to the Warren Avenue PeeWee Association.
Mr. Overson reported he also attend the District #3 neighborhood
meeting and everyone was quite well educated by Mr. Witt and
Senator Sheldon. In reference to the garbage problem in
neighborhoods, it did not please him to report that currently there
is a residence in his neighborhood that has created a mountain of
garbage. A complaint has been filed with the City, however, that
process gives the homeowner a lot of rights but the surrounding
neighbors have to put up with the bad odor, infestation of rats and
unsightliness.
pUBLIC RECOGNITION
Mayor Lynn Horton reported she also served on the selection
committee for the consultant services for sewer treatment plant
upgrades. She was impressed with the caliber of presentations of
all the firms and believed there was a clear consensus from the
group on the final selection. On Saturday, March 12, she attended
the Women's Multi-Cultural Conference held at Olympic College.
Henry Mincey, Safe Street Coordinator, was a presenter at that
event and did an outstanding job. She emphasized the City's
dollars are spent wisely having Mr. Mincey on-board and assisting
the City. In response to a question raised by Mrs. Reese about the
City looking into its insurance policies concerning the sewer
treatment plant, the City is reviewing the liability insurance
coverage during the years of sewer treatment plant operation for
compensation. Several weeks ago a citizen expressed concern over
the safety of pedestrians crossing the street at 11th and Warren
Avenue and asked her to look into the matter. As a result of her
investigation, she became educated on how crosswalk signals work
based on the Manual On Uniform Traffic Control Devices. It is
important that the public be aware of the fact that the "walk" sign
is displayed for 7 seconds following by a flashing "don't walk"
message, which means the pedestrian has 11 seconds to finish
crossing the street. She believes this is confusing to the
pedestrian and may cause some to either feel hurried as they cross
an intersection or stops them from entering a crosswalk during
their opportunity to cross when they see the flashing "don't walk"
message. She suggested writing a letter to the appropriate body
pointing out the "walk" and "don't walk" message is confusing and
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 4 of 16
a little more time should be allowed for display of the "walk"
message.
Mayor Horton noted at the previous Council meeting Andy Parypa
posed a n,,mher of questions and requested the City to respond. A
letter was prepared, however, she was unable to review it prior to
this meeting and will send the letter to Mr. Parypa as well as
share that information at the March 23 City Council meeting.
J&ok Lefooski, W. Kitsap Lake Rd., stated he would advise people to
use the red light at an intersection to proceed across
intersections in crosswalks. He would like to see the City get rid
of the "buttons" to activate the crosswalk signs because he feels
they bunch up traffic in all directions. It was his opinion that
no pedestrian is as important as getting vehicles moved through an
intersection. He pointed out the pedestrian will get a "red" light
that will enable them to cross the intersection.
Brian Mueller, Bremerton resident, stated since the change in
Aaministration, the Mayor is present during most City council
meetings. He suggested that space be added to the "staff's table"
so that she would have a microphone available to respond to issues.
He also would like to see the City Council members answer citizen
generated questions rather than deferring to staff. He appreciated
Mrs. Huff-Menees' apology and in his opinion the comment she made
did not come across good on TV. It concerned him that about the
time Mrs. Long's comments hit the 3-minute mark, a number of
Council members started talking among themselves, which was carried
through the microphones out into the homes of those watching the
meeting on TV. He emphasized whether ornot someone goes over the
3-minute time limit, they still deserve the respect and common
courtesy from each Council member.
Hordy Byrd, P.O.Box 930, stated his only mode of transportation is
walking or riding on Kitsap Transit and as a pedestrian he is
concerned about his safety when crossing streets in crosswalks. He
is very aware of the amount of traffic that travels through the
llth and Warren Avenue intersection, however, he also has
personally experienced the difficulty of trying to cross the street
in that area due to vehicles not yielding the right-of-way to
pedestrians as they enter the crosswalk when the "walk" message is
displayed. He wished everyone a "Happy St. Patrick's Day".
Noah Bennett, President of the Westpark Resident Council, invited
Mayor Horton and Councilman Huff-Menees to participate in
their"Safe Street Walk", in Westpark on Saturday, March 19, 1:00
P.M.. The "Walk Against Crime" is open to the public and he hoped
people would come out and participate.
TAPE %1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 5 of 16
Tom LonG, 2515 Baymont Place, delivered a message that described
the quality of education provided through the Bremerton School
District. He cited numerous instances where Bremerton High School
students had excelled in receiving scholarships based on their
academic abilities. He believes people perceive Bremerton schools
to not be in the same league with other Kitsap County School
Districts, which in his opinion is just the opposite, that it is
the best of them. He hoped people looking at the possibility of
moving to the City from other areas would take a long and hard look
at what has been achieved by Bremerton students, which reflects the
quality of education they received while attending Bremerton
schools. President Fit~ agreed with Mr. Long that not enough
information is published about what the good students and their
accomplishments. She emphasized the students who get into trouble
are only a small percentage of the total student body, however,
their actions generally receive the most publicity.
6A - REQUEST FOR STATEMENT OF QUALIFICATIONS FOR CONTRACTING OUT
POLICE REPORT TI~%NSCRIPTION, #AB94-052
A request for Statements of Qualifications to contract for
production of police reports.
Police Chief Del MoNeal stated a few years ago the department
instituted a recording system for Patrol Officers that would
shorten the time required for them to write reports. One. of the
problems experienced with that system was to make those reports
flow in a quick manner. With the staffing of two people in that
function, it has been a common occurrence for the department to be
behind on the reports due to time loss because of vacation or sick
leave. At this time, he is proposing going out to bid from a group
of people or a corporation that does this type of work. He
anticipates doing this through the electronic media of computers
and fax modem that will work with the Department's data processing
capability.
Mr, Fart noted one point Chief McNeal brought out during the
Operations Committee meeting was that this is an opportunity for
someone in an in-home enterprise to become involved. Chief McNeal
stated he believes that someone capable of producing reports could
put together a home business involving two or three people.
Someone having such a system could check the reports coming on line
at any time during the day or night.
Mr. Law stated for the public's information that Chief McNeal
stated to the Fiscal and Budget Committee that he will be concerned
about the security of the reports. Chief McNeal stated once the
report is typed it would be faxed to a computer in the Police
Department and those reports would not be stored on the report
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 6 of 16
writers hard disk but would be transferred to a floppy disk that
would be turned over to the Police Department. Another aspect of
security will be background investigations on any corporation or
employees involved with this function.
Mr. Dawkins questioned if other cities use this type of service for
Police Report writing? Chief MoNeal stated other cities do
initiate reports internally within their Police Department through
electronic media dictation. To his knowledge, no one has
contracted out this function to a private corporation or
individuals. He did note that physicians have used this method of
report writing for quite some time.
Public comment - none.
Mr. Overson questioned if the documentation provided included a
definition of "produce"? Chief MoNsa~ explained in his thinking
the person doing the actual work will take the report into their
headset, produce it on their computer and download it to the Police
Department. The specific term "produce" was not defined in the
document. Mr. Overson stated in reference to doing background
checks on corporations/employees, it concerned him that the Police
Department would not have physical contact with the contractual
body. Chief McNeal explained wording is included that would allow
the City to go into the work area and make an inspection of their
location of production. Before entering into a contract, the City
would require the location of where the work would be carried out.
If it is a business location downtown or in Seattle, the City would
want to know that location. And, before an employee is hired for
that firm, the City would want to conduct a background check on
that person. Mr. Overson noted another challenge would be turnover
of personnel.
Mr. Colvinquestioned if Chief McNeal had routed this issue through
the City's legal department? Chief McNeal stated yes, he did
discuss the issue of background checks with the attorney. Ian
Sievers, City Attorney, stated the principal problems with this
proposal is confidentiality of the contractors and personnel issues
involving unions, which he did discuss with Chief McNeal. Mr.
Colvinquestioned if there would be adequate provisions included to
insure confidentiality? Mr. Sievers stated he believed so through
job site inspection and supervision of whose handling software.
Mr. Law questioned what recourse does the City have to cancel the
contract if the Police Department is not satisfied with the service
rendered? Chief McNeal stated that would be negotiated in the
agreement. The City is also requesting that some kind of bonding
be provided.
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 7 of 16
President Fits questioned what made Chief McNeal come to the
decision that this approach was a viable option? Chief McNeal
explained when he first looked into the idea of dictated reports
rather than having the officers write them, they felt it would save
time and produce better reports, which has been true. A problem
they encountered when they first initiated the process was the need
for about five employees to carry out the report writing around the
clock, which works best for the Department. In trying to balance
out the program cost, he hired two individuals to carry out the
task and they were able to sort of stay abreast of all the reports
run through the system. If either one of those individuals took
vacation time or were out on sick leave, then the system would be
bogged down. Because of the latitude a contractor might have, they
would not be required to have an employee standing by for a full
eight hours like the City is required to do. He stressed the fact
he was not positive that a corporation or individuals could be
found to provide this service.
#1554 M/S/C/U(Overson/Dawkins) to approve Statements of Qualifications.
7A - ORDINANCE NO. 4450 (SECOND READINg) EST/%BLISHING THE UTILITY
LIMITED IMPROVEMENT DISTRICT (ULID) FOR PORTIONS OF NEST KITSaP
LAKE ROAD AND NORTHLAKE WAY (ULID ~37), #AD94-050
Councilman Morrie Dawkins stepped down due to a conflict of
interest on this issue.
Randy Nitt, City Engineer, restated prior action taken by Council.
Jack Lefcoski, W. Kitsap Lake Drive, stated "just do it".
Brian Mueller, Bremerton resident, stated he believes the City
would be setting a precedent if they contribute $300,000 toward
this project. He questioned if more residents are annexed into the
City that are not already on the City's sewer system, would the
City have to provide the same sort of concessions, if not legally
obliged then morally obliged? He was also concerned about adding
more sewers to the treatment plant and existing problems. And, he
was concerned about residents with septic systems along small
creeks that empty into the sound and the possibility of having to
provide sewer services to them. He questioned if the City will
provide sewer services to such residents as well? He asked that
his questions be answered prior to taking a vote. President Fitz
pointed out the Department of Ecology (DOE), will not allow sewage
into the waters. Currently, DOE is concentrating on saltwater
areas, but she believes Within a short period time they will focus
on fresh water resources. She believes the sewer treatment plant
has the capacity to service new customers and the City needs to
assure the residents that the treatment plant has capacity for
expansion. Mr, Mueller questioned if the people coming on to the
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 8 of 16
sewer system after the litigation over sewer plant odor was
settled, are they in any way responsible for the previous
litigation or do they have to pay the same rates? Ian Sievers,
City Attorney, explained each ratepayeris subject to the same rate
for its user class. Those rates can be amended by the City Council
depending on the resource needs for the utility. If rates increase
in the future, each person that is connected and paying rates to
the utility will be responsible for the same rates as any other
resident of the City. ~r. witt stated the sewer treatment plant
does have adequate capacity for expanded service beyond what is
proposed at this time. Regarding the $300,000 City contribution,
this issue has been discussed at great length, starting in November
of 1993, and the City Council did formally agree to such an
arrangement. He pointed out that issue was also discussed at the
previous Council meeting. Mr. Overson stated Mr. Mueller's
questions were very good and a point he brought up is whether or
not this would set a precedent. A determination has been made that
"no" it does not set a precedent, but does demonstrate that Council
handles each situation according to its own merits.
Mr. Colvin re-emphasized the fact that Kitsap Lake is the City's
lake and as such there is concern about pollution.
#1885 M/S/C(Colvin/Overson) to pass Ordinance #4450, on second reading,
ordering the West Kitsap Lake Road Sewer Extension Project all in
accordance with Resolution No. 2459 of the City Council;
establishing Utility Local Improvement District No. 327; ordering
the carrying out of the proposed improvement; and providing that
payment for the improvement be made by City funds and special
assessments upon the property in the District.
Mr Law stated following the previous City Council meeting he
received questions from several Kitsap Lake residents why he voted
no and he wished to provide the rational for his action. For every
$10,000 of assessed value, the city taxpayers will be funding $2.50
towards the West Kitsap Lake Road U.L.I.D. project and he did not
feel this was fair to the City residents outside of the U.L.I.D.
boundary.
Vote on motion: In Favor: Overson, Neville, Farr, Fitz,
Huff-Menees, Dawkins, Colvin
Opposed: Law
Motion carried.
Councilman Dawkins returned to the City Council Chambers at 6:40
P.M.
7B - ORDINANCE NO. 4451 (EMERGENCY READING} AUTHORIZING THE IBSUE
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 9 of 16
~F $11,00o,000 N~TER/SEWER REVENUE BONUS. ~CCEPTING THE PURCHASE
~FFER OF LEHMA~BROTHERS. INC.. AND DECL;%RING/%NEMER~ENCY. #AB94-
053
The proposed Ordinance will allow the City to finance the portions
of the improvements described in Exhibit "A". These projects are
included in the 199'4 Budget and are necessary to the long term
management of the utility, and in several instances, are required
by either State or Federal regulations.
~oh Hanna, City Treasurer passed out the following three
documents to the Council members: (1) updated Bond Ordinance, which
was updated this date following the pricing of the Bonds; (2)
supplemental pricing information; (3) the final purchase offer
contract from Lehman Brothers.
Dick Kinq, Lehman Brothers, outlined for Council the changes that
were made to the Bond Ordinance that Council had viewed previously
as being "clerical" largely in nature and including: final interest
rates as well as the final principle amounts; confirmation that the
City's Storm drainage system is in fact consolidated to the
Waterworks Utility; Table Of Contents page n~mhers have been
corrected; Municipal Bond Insurance has been utilized to achieve
AAA rating on the bonds, and the Bond insurer has asked for certain
clerical changes. The most significant material change is to
confirm flexibility that the City has relative to utilizing the
State of Washington Local Government Investor Pool. The ordinance
authorizes and directs the City Council to do everything necessary
for the prompt authentication and delivery of the bonds. Included
within that framework is the City Treasurer's execution of the Bond
Purchase Contract.
Mr. overson asked Mr. King to compare the pricing information that
was just handed out with that included in the Ordinance. Mr. Kin~
stated what is shown in the Bond Ordinance are interest rates or
coupon rates and the difference is they sold the bonds with a
slight discount so that investors paid less than 100 cents on the
dollar. It is a marketing technique they use to achieve the lowest
overall borrowing cost. Mr. Overson stated it appeared from the
comparison that the City was getting a good rate. Mr. King stated
the City is getting a lower rate relative to the other transactions
it was compared with. It was important to note that one of the
transactions priced on Tuesday had the same bond rating as the City
and is a General Obligation Bond, which investors have a preference
for and therefore generally will accept a lower yield for that
issue. Mr. Law stated Mr. King cited three bondings...he
questioned if there were any that were less than those listed? Mr.
Wing stated what they did was to find issues that have comparable
ratings or sold at a similar time frame. There were a number of
State General Obligation issues in the State of Tennessee and South
TAPE ~1153
City Council Reg. Mtg. Minutes
March 16, 1994
Page 10 of 16
Carolina, which have higher ratings than the City, and the yields
were lower than the City's yield. They don't view those to be
particularly comparable, however, it is a bit like comparing apples
and oranges. Mr. Law stated he had understood with the insurance
giving a AAA rating it was the best. Mr. Kina explained investors
will accept a lower yield for a bond that is rated AA+ or AAA on
its own than they will for a bond that achieves that rating on the
basis of Bond Insurance. Mr. Law asked that Mr. King explain how
this rate was figured. Mr. Kina stated what they did was to have
a meeting in the afternoon of March 15 with the head of their Los
Angeles Underwriting Department, with the Rich Hanna, City
Treasurer tied in by phone, to talk about where the credit markets
were generally and they came up with a proposed scale of interest
rates. On this date, the bonds were priced first thing in the
morning and all of their sales people contacted their accounts who
then got back to them. Some of those contacts said the price is
too high and they wanted more yield, other said they liked what was
being offered because the City of Bremerton has a good name with
strong credit and they had a need for that type of bond. At the
end of the order period, approximately three hours, they reviewed
all of the orders and in places where there were more orders than
bonds that is an indication they could reduce the interest rate to
the City, which is what they did. Mr. Law questioned the first and
second figure for 2002? Mr. King stated in 2002 the original re-
offering yield was 5.20 cents and they were able to shave that by
five basis points. When they reduce the yield like that, they
generally lose orders. He emphasized you want the competitive
forces of the market working on your behalf. Mr. Law questioned if
he was correct that Mr. King was able to sell the City's issue in
three hours? Mr. Kinq stated they were able to sell it at the
original prices within that three hour period. They did not sell
all of the maturities and still have some small unsold balances
and that is a risk they are willing to take. Mr. Colvin questioned
if the City's historical growth revenue had any impact on this
transaction? Mr. King stated yes, the investors look very
carefully at the Utility and what they are able to generate. They
focus less on gross revenue and more on net revenue because that is
what is securing the bonds. They also look very carefully at debt
service coverage, how many times over can you pay per annual debt
service cost and the City ranks quite well. He referenced a Moody
Report included in the handout material that describes the City's
issue, highlighting what they view as strengths as well as some of
their concerns. Mr. Fart stated since some of the issue was unsold
today, in hindsight would Mr King say the best price possible was
obtained for the City? Mr. King stated he would and he was quite
pleased with the results.
Mr. Kinq stated in drafting the Bond Ordinance, one of the major
projects is the Warren Avenue CSO project and inadvertently it was
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 11 of 16
omitted. He provided a handout that. identified as Project #40 -
Wastewater Construction And Transmission System Improvements -
Warren Avenue Basin ComBined Sewer Separation Project (within
Exhibit A) that becomes the last page of the Bond Ordinance.
Public comment - none.
Mr. Overson pointed out that it may appear that Council just
received volumes of information to consider in order to make a
decision on this issue. He assured the public that this was not
the first time this subject was presented to them, and the handout
was actually the last piece of information needed to make a
decision. He emphasized the only purpose behind the "emergency"
reading is to lock in the rates provided.
#2568 M/S/C/U(Overson/Neville) to pass, on an emergency basis, Ordinance
No. 4451 relating to the waterworks utility of the City, including
the sewerage system as a part thereof; providing for the issuance
of $11,000,000 principal amount of Water and Sewer Revenue Bonds,
1994, of the City to pay part of the costs to carry out the system
or plan of additions and betterments to and extensions of the
waterworks utility specified and adopted by Ordinance No. 3887, as
amended by Ordinances Nos. 3948, 4015, 4053, 4147, 4241, 4363, and
this ordinance; fixing the dates, fo~ms, terms, interest rates,
maturities and covenants of such bonds; providing for bond and
reserve insurance, issuance of the bonds, and acquisition of the
insurance policies; approving the sale and providing for the
delivery of such bonds to Lehman Brothers Division of Shearson
Lehman Brothers, Inc. of Seattle, Washington; and declaring an
emergency.
7C - ORDINANCE (FIRST READING) RECLASSIFYING THREE NANA_~R. NTAND
PROFESSIONAL STAFF POSITIONS IN THE DEPARTMENT OF PUBLIC WORKS 1%17D
UTILITIES AND AMENDING CHAPTERS 2.50 AND 2.10 OF THE B~iERTOM
MUNICIPAL CODE AND THE 1994 BUDGET, #AB94-054
Reassigned responsibilities in the Public Works and Utilities
Department have resulted in changes to job duties of three
classifications. New classification specifications were approved
by the City Council on March 2, 1994. Affected portions of the
Budget, Management, and Professional Compensation Program and
Salary Plan and the Organizational Ordinance for the Public Works
and Utilities need amendment. Responsibility reassignments are as
follows: Facilities has been transferred from the Public Works
Operations Division to the Project Management function. Sewer line
maintenance was moved from the Public Works Operations Division to
the Utility Operations Division along with storm utility and
customer field services (meter reading, hookups/service stops,
etc.) The level of responsibilities assigned the Public Works
Operations Manager position have decreased to a point where it is
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 12 of 16
appropriate to lower the salary level for the position from Band 5
to Band 6 in the Salary Plan. The position of Utility Field
Superintendent is eliminated as no longer relevant and is removed
from the Salary Plan's Band 8. The new position of Utility
Operations Manager has line management responsibility at the same
level as the Public Works Operations Manager and is placed in Band
6 of the Salary Plan. Changes are show~ on Exhibit "A" MANAGEMENT
AND PROFESSIONAL STAFF SALARY PLAN.
Caroline Marshall, Personnel Director, briefly reviewed prior
actions as identified in the Summary Statement. She emphasized the
need to amend the 1994 Budget Ordinance due to needed revisions to
its contents that include organizational charts, wired diagrams and
pictorial rendition of the various functional areas assigned to
each manager.
Mr. Colvin questioned if any changes had been made to the documents
since this issue was presented at a Council Study Session? Mrs.
Marshall stated no changes were made following presentation to the
Fiscal and Budget Committee.
Public comment - none.
#2855 M/S/C/U(Colvin/Huff-Menees) to approve Ordinance, on first reading,
amending Chapter 2.10 and Chapter 2.50 of the Bremerton Municipal
Code and the 1994 Budget.
PUBLIC HEARING - ORDINANCE (FIRST RE~DING) VACATING ~00 FT. OF
FIRST STREET RIGHT-OF-WAY ON THE WEST SIDE OF ITS INTERSECTION WIT~
BREMERTON BOULEVARD. #AB94-055
The Planning Commission has recommended vacation of the portion of
right-of-way addressed in the attached application and staff
report. Only an ordinance passed by the city Council can implement
the vacation. The action proposed is a public hearing and first
reading of such an ordinance.
President Fitz asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Don Pratt, Community Development Director, stated for clarification
that the subject site was incorrectly marked in the info£mation
provided and clarified it as being: 30 feet west of Bremerton
Boulevard, which is a portion of right-of-way in extension of First
Street. The City's Public Works complex is located on the west
side of the parcel. The School District's Educational Skill Center
is on National Avenue and the subject property is immediately south
of the that facility.
Zoning of the parcel and surrounding area is Single Family 2. The
Comprehensive Plan identified that area as Industrial And Business
TAPE #1183
City Council Reg. Mtg. Minutes
March 16, 1994
Page 13 of 16
Park Zoning designation. This project is exempt from any SEPA
determination and it was not processed for SEPA. The surrounding
land uses to the north is part of the ESE School District property,
which is vacant and undeveloped, to the south is residential. The
property was recently sold by the City and is being developed as
residential property. To the east is First Street continuation and
on the west is continuation of First Street going back towards the
Public Works Complex.
At the Planning Commission hearing, the Planning Staff's report
recommended that the parcel not be vacated because they felt the
parcel could be used to enhance greenway opportunities and trail
systems in that location. Upon taking testimony, the Planning
Commission made a recommendation that the right-of-way be vacated
but that the City retain an easement and attach restrictions to the
deed, which would grant the City use of the parcel for a trail
system and would control development on the parcel, possibly
preserving the landscaping and vegetation that is current there
today. The Planning Commission unanimously passed a motion
recommending approval of the applicant's request with the exception
that the City would retain an easement for possible public use such
as trails, bike ways, greenways and other non-motorized use.
Following the Planning Commission's hearing, the applicant offered
an alternative to vacating the full right-of-way and then having
the City retain an easement or receive an easement back for public
access and landscape. The City Engineer has determined that it is
unlikely this right-of-way will ever be developed as a street
because of development patterns in the area and subsequent
development of the Public Works Complex. He pointed out on the map
that Forest Avenue and the remaining portion of First Street also
were recommended for vacations by the Planning Commission, but have
not yet been brought to Council. There is some discussion as to
whether or not actually finalize that action, however, the
recommendation that was made to the Planning Commission and their
recommendation to Council that we don't need this portion for a
street is still valid and that recommendation stands.
TAPE #1184
Mr. Jones, representing Mr. Hall, stated originally the proposal
was to vacate the full 30 ft. by 100 ft. property and an easement
retained by the City. At that time, it was not clear how much
would be retained as a City easement. Since that time, a proposal
has been made to vacate one half of the property, which would be 15
ft. by 100 ft. Because of the City's easement amounting to one
half of the subject property, he saw no benefit to him to acquire
the entire piece and asked that he be granted 15 ft. by 100 feet.
TAPE #1184
City Council Reg. Mtg. Minutes
March 16, 1994
Page 14 of 16
Public comment - none.
Mr. Overson questioned why it took so long for this issue to come
before Council. He questioned if he was correct in understanding
the Planning Commission's intent was to retain approximately 15 ft.
by 100 ft., as identified through their statement relative to the
easement? The way their recommendation reads is that they wanted
Mr. Hall to take over the whole piece of property, pay taxes on it
but could not use the portion that contained the City's easement.
And, he questioned if the alternative proposal was written down in
the supporting documents? Mr. Prat~ noted the application
addresses the vacation of the entire piece of property. The option
to vacate only 15 ft. came after notice was given for the full
vacation. It is his understanding that Council has the authority
to accept the Planning Commissions' recommendation or the option
proposed by the applicant. Mr. Overson stated Council then had the
issue of determining whether to usurp the Planning Commission or
send the issue back to them to determine if it was their intent by
the retention of the easement. Mr. Pratt stated an option could be
to remand back to the Planning Commission for their opinion about
vacating just 15 feet. He felt he could confidently represent the
Planning Commission's intent to preserve some portion of that
property for public use and as the Executive Secretary of the
Planning Commission, he felt the alternative to vacate only 15 feet
and retain 15 feet would accomplish that intent. Mr. Overson
questioned what value could the City have in a piece of property 15
feet by 100 feet in an area of the City that is somewhat isolated?
Mr~ Prat~ state West Hills Elementary School draws children from
the West Park housing development and there are some trails that
were not developed that go through the site. He believes it is
possible to develop a trail through that site thereby bringing this
housing density up to Navy Yard City and the school. The Public
Works Complex was developed on an adjoining site and as part of the
site plan review that complex was developed with adequate space on
its perimeter for a trail system. It is seen as a beginning
element of a pedestrian system in that neighborhood. The piece of
property the City sold to Mr. Hall and Mr. Jones in 1993 in that
area is being developed into housing. Lastly, the Planning
Commission's discussion on this issue was held in 1993 when they
were in the middle of some County wide discussions on greenways and
the affect of greenways on the developing community. Today, that
hillside is heavily wooded and fairly steep that provides a vista.
By protecting veins of vegetation and keeping it out of rooftops it
enhances the vista for the people in the distance and is something
worth thinking about as the community develops. There is neither
a pedestrian trail system plan or greenway plan in the system, but
this gives the City an opportunity to retain some aspects of the
neighborhood to build on in the future. The Planning Commission
was struck with that opportunity and made the stated
TAPE #1184
City Council Reg. Mtg. Minutes
March 16, 1994
Page 15 of 16
recommendation.
Mr. Dawkins questioned if Mr. Jones' intent is to build some houses
in that area and will they go on the City tax roll? Mr. Jones
stated they intent to build three houses. They desire to acquire
the additional land in order to increase the lot size for one of
the proposed houses.
President Fit~ stated she liked the idea of keeping the greenway
because as there is more development in the City, we need more
places for kids to play or a trail that provides a safe path for
them to use when they walk to school.
Mr. Colvin questioned Mr. Jones' preference to either purchase the
area recommended by the Planning Department or purchasing one half
of the proposed site? Mr. Jones explained that the Planning
Commission recommended retaining 1/2 the subject site for a City
easement, which he could not use. Therefore, he could not see why
he should pay for property that he could not utilize and preferred
purchasing just the portion that he could use. If the
recommendation from the Planning Commission had been for a small
segment of the site, he could have accepted that condition. He
does understand about the desire to have a greenway and when he
first purchased his adjoining property children were using a trail
to walk to and from school. Once construction started on the
City's Public Works Complex, the pathway was altered so that
children could no longer use that as an access to school and were
using an alternate route. He emphasized his acquiring 15 feet
would allow him to build a reasonably sized house and keep the
neighborhood in good condition.
Mr. Parr questioned for clarification if the 15 feet by 100 ft.
parcel is sold would it still require easement restrictions or
would they be eliminated? Mr. Prat~ stated if Mr. Jones purchased
the 15 feet there will be restrictions applied.
Mr. Overso~ stated following Mr. Pratt's comments he felt more
comfortable that the option proposed by Mr. Jones did meet the
Planning Commission's intent. And, if this proposal passes on
first reading, he asked Mr. Pratt to get some kind of validation of
what is proposed from the Planning Commission by second reading of
the Ordinance. Mr. Pratt stated he would have an opportunity to
speak to the out going Chairman of the Planning Commission and
advise her of Council's action. If her response is one that feels
it is a violation of what they intended, he will carry that message
back to Council.
Ian Sievers, City Attorney, provided an amended ordinance that
included a change in property size from 30 ft. by I00 ft. to 15 ft.
TAPE #1184
City Council Reg. Mtg. Minutes
March 16, 1994
Page 16 of 16
by 100 ft., removed all easement restrictions and deleted the
condition of payment before second reading because that payment has
been posted.
#0391 M/S/C/U(Overson/Dawkins) to approve the substitute ordinance, on
first reading, vacating 15 ft. by 100 ft. of First Street
With no further business meeting adjourned at 7:30 P.M.
KATHL~EN L. McCLU~KEY, City Clerk
EIT.~EN FITZ, C6u~sident
City of Bremerton
KLM/EF/me
cc: Normal Distribution
File/Vault