HomeMy WebLinkAbout06/02/93TAPE #111 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JUNE 2, 1993
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 2,
1993, at 5:30 p.m., with Council President Eileen Fitz
presiding. Council members present were Lon Overson, Richard
Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins,
Morrie Dawkins, Al Colvin, and Russ Johnson. Also present
were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Fitz and Invocation given by Pastor Bill
Wambsganss of the Westside Baptist Church.
CONSENT AGENDA
A. Minutes of Meeting - May 19, 1993, #AB93-099
#0028
M/S/C/U(Waibel/Horton) to approve the Consent Agenda as
presented.
CLAIMS/WARRANT 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.
#0045
M/S/C/U(Colvin/Horton) June 2, 1993, the Council does approve
for payment those vouchers included and further described as
follows: 166767, 166776 through 166797 in the total amount of
$383,777.11.
COUNCIL MEMBER REPORTS
Mr. Neville reported he enjoyed entertainment presented by a
couple from Bogota, Columbia on the boardwalk this past
Sunday. He had an opportunity to talk with the entertainers,
who stated how pleased they were with Bremerton and the
beautiful scenery. They also shared that when they return to
this area next year they would like to play for the children
of Kitsap County, especially the handicapped children. He
announced an indoor Flea Market will be held on Saturday, June
5, 9:00 AM - 5:00 P.M. at the Sheridan Park Recreation Center.
Proceeds from this sale will benefit the Pendergast Regional
Park fund.
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Mrs. Horton reported last Friday she attended the Bremerton
Main street meeting where she enjoyed entertainment presented
by the couple from Bogota, Columbia. She was somewhat
surprised at Mr. Baker's dancing ability, which also was
displayed at that event. She was also impressed with the way
things of nature were used as musical instruments by the
entertainers. Today she attended the Kitsap Regional Planning
Council meeting and one of the things of most interest at that
meeting was a presentation on the Olympic View Landfill
Closure process that will be taking place. She emphasized the
Barney White portion of the landfill has been closed for
sometime, but now is being reviewed how best to mitigate and
complete the closure process. There is concern over that
portion of the landfill due to its not having any liner,
therefore, there is seepage through the garbage.
Mr. Waibel noted Mr. Neville forgot to mention that he also
took advantage of the Farmer's Market on Sunday. He was
pleased to report that the Market was well attended and for
those who are concerned about seafood being sold there, it all
come from certified beaches and certified as being safe to
eat.
Mr. Dawkins stated the weather has improved and in between
showers he managed to play some golf at Gold Mountain Golf
Course. He was pleased to report the golf course is in great
shape.
Mr. Colvin reported Larry Stone, of the Ad Hoc Citizen
Advisory Committee, made an excellent presentation at the
Bremerton Central Lions Club meeting this date.
Mr. Johnson thanked Miller Woodlawn Cemetery for their "Avenue
of Flags" display over Memorial Weekend.
Mrs. Fitz stated she also enjoys the Cemetery's flag display.
This past weekend she visited the Farmers Market. She was
pleased to report the Marina was full. Recently she read in
the Bremerton Area Chamber Of Commerce's bulletin the
following statistics: for every boat in a marina, such as is
in Bremerton, boaters spend between $75 - $100 per day while
tied up to a pier and where they have access to shopping.
She believes with this influx of boaters the local business
people must be benefitting from boaters stay in Bremerton.
Mrs. Horton added there are 52 boat slips in the downtown
waterfront marina.
PUBLIC RECOGNITION
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Mayor Louis Mentor reported on June 6 there will be a D - Day
Remembrance Ceremony in Tacoma, and among the guest speakers
at that event is Richard Chrisinger of Bremerton. He
referenced the closure of a portion of Olympic Landfill and
the fact that it is projected to cost over 20 million dollars
over 30 years. He cautioned "sometimes we should stop and
figure out what our priorities are"...the closure will not be
providing a new landfill. He would like to see some of those
funds spent on figuring out what we are going to do with our
garbage over the next 50 - 100 years. This past weekend he had
the pleasure of being a judge for the Fathoms 'O Fun Court.
He participated in the Law Enforcement "Torch Run" ( a Special
Olympics funding raising event). On May 28th he attended a
Scholarship Awards program at the Masonic Temple, where
scholarships were awarded to students from the whole Olympic
Peninsula. He attended a Memorial Day Ceremony on May 31, at
Ivy Green Cemetery. He extended a special "thank you" to Bob
Sauter and others who organized that event. This week the
D.A.R.E. graduations are taking place in Bremerton area
elementary school. He announced the Home Builders Of Kitsap
County will hold their "Parade Of Homes" on June 5 and 6.
Cecil McConnell, 3245 Almira Drive, Chair of the Ad Hoc
Committee on government review, stated he wished to respond to
several comments Mayor Mentor made at the previous City
Council meeting. At that time, Mayor Mentor stated "there
were still many unanswered questions in the Committee's
report, and he asked specifically what about the Commissioner
or City Administrator form of government. In response to that
statement, Mr. McConnell explained the Committee was not
charged to bring back a report on the items they did not
recommend. Both of those issues were discussed by the Ad Hoc
Committee, and the Commissioner formwas dismissed as a viable
forms of government for Bremerton because it was not all that
long ago since the City had a Commissioner form of government
- people would not buy it any way. The City Administrator
question was discussed and resulted in a decision it would
only work if the City had a Mayor who left the entire
administration of the City up to the City Administrator. A
motion was made in the Committee to suggest a City
Administrator to the City Council, however, that motion died
for lack of a second. It was further decided that a City
Administrator did not provide continuity to a City's
government if the position of Mayor changed every four years.
What upset him most about Mayor Mentor's previous comments was
that he impugned the honesty, integrity and sincerity of the
Ad Hoc Committee. He stated he would feel more comfortable
about Bremerton's government if some of the members of our
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government were as well informed as the people who served on
the Ad Hoc Committee. Even though the Mayor Mentor's comments
may not have been meant as an insult, Mr. McConnell believes
he owes them an apology. In response to previous comments
about a previous Ad Hoc Committee that formed the current form
of government - the Committee he chaired did a well thought
out job because they had the cooperation from the City
Attorney's office, but the last committee had a hostile
government and hostile City Attorney's office that resulted in
the current Charter.
Mayor Louis Mentor extended his apology to the Ad Hoc
Committee if they felt he was insulting him by his previous
remarks. He still believes there are a lot of unanswered
questions and that is one of the reasons why Council chose to
go to an Advisory Ballot.
Bill Amo, 6625 Lake Drive, Ad Hoc Committee member, stated he
did not speak at the previous Council meeting on the Advisory
Ballot issue because he was disgusted with the Mayor and City
Council. He was disgusted with the Mayor for his remarks
about the poor job that the committee did that formed the
present form of City government. He emphasized that group
worked many hours and was not a "closed" group. They
completely fewrote the Charter to match the form of government
and then were told by the City "it was unconstitutional and
that only one thing could be changed", so they changed the
form of government. Then, it was the duty of the City Council
and subsequent Councils to make the amendments necessary to
that Charter to make it work. During the short time he served
on the City Council action was taken to make amendments to the
Charter. When it came time to obtain signatures to pursue the
change in government, it was accomplished by a group of
dedicated citizens. He served on the current Ad Hoc Committee
because, unfortunately, the Mayor/Council form of government
was not perfect. It seems that there was a built in
adversarial relationship between the City Council and Mayor
that has shownup time - after - time. He did not ask Council to
change the form of government, however, it seemed to him that
Council felt there was something wrong and created the Ad Hoc
Committee to study the issue and make a recommendation. When
that recommendation was presented, it appeared it was not
quite what the Council wanted so the Committee went back and
tried to conformto what Council must want and modified their
recommendation. Now, he questioned Council's need for more
guidance through a Freeholders process? He emphasized he has
seen Council make decisions on various issues totally opposite
from what the public's input and wishes identified. He
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suggested taking the Ad Hoc Committee's recommendations, make
whatever slight adjustments that are needed to suit Bremerton
well, and run with it. He did not believe an election needed
to be held to implement such a plan and that it could be
initiated through an ordinance. He pointed out the lack of
public protest to "bat down" the Committee's recommendation.
Del Knauss, Olympic Avenue, stated Mayor Mentor stated at the
May 26th Council meeting that voters turned down the last
attempt to change the form of government 2 - 1, but what he did
say was that out of 7,603 participating voters 3,520 voted for
a Council/Manager form of government and 2,642 voted for a
Commissioner form of government for a grand total of 6,162
voters who though a change was needed. This only left 1,451
voters out of 7,603 that thought the present form of
government was working properly. Also, Mayor Mentor made it
clear that he strongly favors the current Council/Mayor form
of government, which he could understand ...he's protecting
his job. He feels this is misleading because he told the Ad
Hoc Committee he felt the best form of government for
Bremerton was a dictatorship, which was the only form of
government the Committee did not study for obvious reasons.
He personally feels the Mayor does not want what is best for
Bremerton. He referenced Councilman Colvin's District # 1
informal survey and questioned wouldn't it have been better to
undertake such a survey after Mr. Stone, of the Ad Hoc
Committee, presented the Committee's recommendations to the
residents of District # 1 at their September Neighborhood
Coalition meeting?
Mayor Mentor stated when the vote was made a year ago the
question asked was "do you think we should change the form of
government - Yes or No". The voters' response at that time was
"No" - 63% and "Yes" - 37%. Then, the ballot went on to say
"regardless of whether you voted yes or no in the first
question, which form of government would you prefer, if there
had to be a change", and that is when the other vote came into
play. The vote was almost 2 - 1 that No...we don't want a change
of government.
Larry Stone, Secretary/Ad Hoc Advisory Committee, stated he
had hoped through the seven months the Committee has worked on
this issue it could be an objective program. Last September
Council asked the members of the Ad Hoc Committee to "review
the Bremerton City Charter and form of government", and based
upon those findings make recommendations that are appropriate
under the RCW and State Constitution. While the Committee
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Report was a disappointment to some elected officials, the
Committee's charter did not obligate them to be pleasing
rather than factual. They believe the Committee obligation
has been discharged as capably as possible and their
recommendations were made with the highest degree of
objectivity and the proposed sequential handling of those
recommendations was far more than a capricious decision. The
decision of the Council to address Phase II subjects first is
unquestionably within their authority and the Committee agrees
with the importance of knowing the wishes of the voters.
However, as Councilman Colvin's telephone survey pointed out,
that type of research can only take place after some effort
has been made to expand their understanding. Putting the
issue on the November ballot, as pointed out by Municipal
Research Services and County Auditor, could contribute to a
great deal of confusion at a time when six City elections are
also taking place. For reasons not all apparent to the
Committee, the Council seems determined to proceed with an
Informational Ballot in November instead of September. The
Committee feels such action will have three immediate results:
(1) it makes the incumbent Mayor, who has announced his
objection to the Committee proposal to run two re - election
races; (2) by making an objective governmental change
recommendation a campaign issue it clearly establishes the
Committee as a pawn in a political game of chess; (3) the
injection of the Freeholder issue, however unintentional, is
an insult to the integrity and validity of the work done by
the Committee. There is still the issue of the City Charter
and what to do about it. The Charter, as presented by the
Committee, is a reproduction of the present Charter minus its
many errors, job descriptions and its design to suit the needs
of the present Council/Mayor form of government. It could
very well serve the needs of Bremerton even if a change of
government never takes place. It would be an even better
Charter, however, if it applied to a City under the Optional
Municipal Code because it would grant to the City Council
extended home rule powers they do not now have. Comments by
various Council members over the past few weeks made it
obvious that there is a lot of misunderstanding of the Charter
and proposed reclassification. If Council still persists
putting Phase II items on an informational ballot, either in
September or November, we'll all have to live with it.
However, he suggested in the interim that Council hold a Study
Session in which the Committee will be allowed to fully
outline the Phase I Charter Code City proposal without having
to respond to a lot of questions dealing with semantics and
ideology. If Council finds the Committee's reasoning to be
sound, they are then in the position, under RCW 35A.070.030,
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to take steps that would create a solid foundation for the
continued operation of the City while political games are
played.
Bob Wood, Bremerton, stated our best resources are people,
however, he believes that simplistic polls that are taken,
believed in and espoused by certain people really don't hold
up. A change in government is desired because people want
government brought back closer to them (in neighborhoods) and
a government that is responsive, not one that is divided. He
believes composition of the Ad Hoc Advisory Committee is very
representative of the citizens of Bremerton and need to be
believed. He emphasized this is not a "Mayor's" matter as he
is the administrator of the City. The citizens of the City
are the policy makers and the City Council codifies the policy
that comes up from the citizenry. He suggested moving the
process along, despite all previous Council motions, by having
a Council retreat that included the Ad Hoc Committee to
discuss the form of government. Through such a process he
could see the reconciliation of minor differences between the
parties, making sure the City Attorney takes care of all the
legal aspects of what can and cannot be done under the Revised
Code of Washington and let's move for change.
Betty Griggs, member of the Ad Hoc Advisory Committee, stated
she was upset that the recommendations from her Committee had
come to this point. She felt it was important to note when
this Committee was first brought together, individually and
collectively, they were told the Committee was formed as a
smoke screen to get rid of the Mayor and that the City Council
would not accept any of their recommendations unless it was
for a City Manage form of government. Individually and
collectively, they tried to be very objective and she believed
they managed to do that regardless of their personal feelings,
and came up with their best recommendations. She feels that by
ignoring their recommendations and putting Phase II on the
November Ballot that rather supports that theory. She urged
the City Council to take the Committee's first recommendation
to take a step - at - a - time.
Barbara Boyd, member of the Ad Hoc Advisory Committee, asked
the City Council to consider the Charter that Ian Sievers has
worked out and was recently distributed by the Committee,
which conforms to the State Code. It would give the citizens
of Bremerton the exact government that is currently'in place
and all the changes would still take future action, but it
would clarify the Charter and clear up the many confusions
that have caused trouble and made the City awkward to run.
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She was sure the City Attorney watched out for Council's
interest if there was anything in the Charter that would
alienate them. She was pleased with the idea that Council
wanted to put some of the issues up for a vote because she
agrees people rarely come to public meetings to voice their
opinion.
President Fitz stated she did not believe there was any intent
by anyone on the City Council to not consider the Charter as
presented by the Committee. There has not been enough time to
study it since it was delivered. At previous Study Session on
the Ad Hoc Committee's recommendations, the new Charter was
not ready and other items were covered more extensively, such
as should there be a change in form of government, etc. She
does plan to schedule Study Sessions to discuss the City's
Charter.
She wanted to dispel the perception that Council was not going
to look at the Charter as presented.
Roy McInnis, 2711 Maple Street, stated once again he is
confused over proposed Council action. At the time the Ad Hoc
Committee presented its recommendations to the City Council,
he recalls Mr. Stone saying the first thing the Committee
recommends is for Council's reviewing the City Charter. He
did not know how the issue of "change of government" got in
front of reviewing the City Charter. He hopes sooner or later
the City Council, along with the Ad Hoc Committee, can clear
up the confusion he is experiencing at this time.
6A - INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR SALE OF
KITSAP MENTAL HEALTH PROPERTY LOCATED AT 500 UNION AVENUE,
#AB93-106
The Kitsap Mental Health property was made surplus by Council
on May 12, 1993. This agreement authorizes the City to
proceed to sell the property and building and share costs
proportionally based upon appraised value. The acceptable
purchase offer will be presented to Council and the County
Commissioners for final approval.
Kathleen McCluskey, City Clerk, explained the agreement was
prepared by the City Attorney, forwarded to the County
Commissioners, which they signed and returned to the City.
Mr. Waibel stated he absented himself from the May 12
discussion on this subject due to a potential appearance of
fairness and questioned if he should just abstain on any
action on this item or to totally step down? Ian Sievers,
City Attorney, recommended that Mr. Waibel excuse himself
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rather than participate.
Mr. Waibel left the Council Chambers at 6:17 P.M.
Mr. Johnson stated when this item was discussed at the Fiscal
and Budget Committee meeting they were told since the
agreement had already been signed off by the County
Commissioners it would difficult to modify the document. He
is concerned over the percentage of split in cost and in the
sales costs. He believes when the property is sold the cost
of such a sale would be greater on the building than on the
raw land and he wanted something reflected in the agreement
stating that belief. He questioned how do we assure the
agreement is clearly understood by the County that if 70% of
the sales costs are attributable to the building they must be
responsible for that cost? He did not mind splitting the
proceeds at the percentage designated. Mr. Sievers stated
unless it is stated in the contract it would not be clear nor
would it have any affect since this agreement is an integrated
agreement as to discussions and understanding of the parties.
If you intend to pay less than the formula set forth for cost
of sale, then the agreement needs to be amended. Mr. Overson
stated under Section 4 it states distribution of proceeds from
a sale is not negotiable. Ms. McCluskey stated that was based
on the value of the property. The value of the land was 34%
and the building 66%, so the though was if it was sold for
either the appraised value or less, then that percentage
identified the value of each piece. She did not know how,
other than the appraisal, to identify a percentage and claim
we have more or less money when that was the purpose of the
appraisal. Mr. Overson stated it is quite simple to appraise
the value of real estate separate from the appurtenances. Ms.
McCluskey pointed out they did just that. Mr. Overson
suggested not using a percentage and just state the City
receives the appraised value commensurately reduced and the
County would receive the appraised value of the building
commensurately reduced. Ms. MoCluskey stated the
Administration was not contemplating selling the site with a
bid for the land and bid for the building, which is what Mr.
Overson proposed. They felt the appraisals split out the
appraised values so whether the bid comes in higher or lower,
these percentages would reflect the values based upon
appraisal. The only wayto accomplish what Mr. Overson is
suggesting is when itis put up for bid that a prospective
bidder place a bid for land and building. She believed this
would be real unusual and anyone bidding would have to do a
lot of research and/or like the County better than the City
and bid a higher price for the building and less for the land.
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She believes the City is safer using the certified appraiser's
appraisal percentages and apply that to whatever price is
agreed upon.
Mr. Colvin questioned how is it equitable for the County to
receive 66% and the City receive 34%? Ms. McCluskey explained
the building is appraised at $300,000+ and the property is
appraised at $100,000+ based on a certified real estate
appraiser. The County owns the building and the City owns the
property so each should receive that value. In response to
Mr. Johnson's concern, the agreement could be amended.
However, the sale of this property, according to this
agreement, would be based on advertising, realtor, etc., it
does not address if someone comes back and says in order for
them to buy the property they want a new roof, fumigated,
etc.. It would be her understanding that any proposed deal
that comes back to the Commissioners and Council to approve
the sale will come back with the buyers conditions. At that
time, Council and the Commissioners will decide whether or not
they want to sell the property. Also, at that time she
believed Council could put conditions on the sale. Since no
one knows what will be offered for the property, it would be
difficult to place conditions at this point. The purpose of
this proposal was not to address "what if" and "sales
condition", but simply the City's and County's cost of
marketing the property.
President Fitz stated if Council placed conditions in the
agreement at this time it may be act has a "hamper" to a sales
agreement someone might present. Ms. McCluskey stated she
believed there will be significant negotiations once bids are
received. Mr. Sievers stated Ms. McCluskey's representation
is accurate and this agreement covers the standard closing
costs. The City may be getting a better deal because if it
were a raw piece of land the City would be covering all of the
closing costs rather than sharing in them.
Mrs. Horton pointed out the exact wording states" the parties
agree the proceeds from the sale shall be disbursed as
follows: ....", it does not caveat it in any way. If you are
talking a plain sale where there are no conditions this would
be fine, however, there is no guarantee there will not be
conditions. Mr. Sievers. suggested inserting a phrase under
Section 4, after the word "property" ...assuming it is sold as
is. He believed most conditions coming back on a counter
offer have to do with financing. Mrs. Horton stated she would
be more comfortable if such language was added allowing some
flexibility in case something changed.
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Mr. Collins questioned which fund would the proceeds of this
sale go into? Ms. McCluskey stated according to the City's
current ordinance, such funds would go into Cumulative Reserve
Fund. She pointed out the site is a General Fund property and
never belonged to the Utility. Previously, the site was GSA
Right - of - way and other properties that were part of some
parcels in that area. Mr. Collins stated Kitsap Mental Health
came before Council requesting that the City designate the
sale funds from the land be donated towards the cost of their
new facility. He questioned if anything further had come from
that request? Ms. McCluskey stated no, the City agreed to
surplus the property but no commitment as far as disbursement
of the funds has been made. She does expect them to come back
to Council following the sale of the site with a request.
Public comment - none.
Mr. Johnson stated Mr. Collins had an excellent point. City
ordinances stipulate funds derived from sale of capital assets
to be deposited into Cumulative Reserve for more capital
assets. He was bothered that Kitsap Mental Health may come
back to Council and request the donation of the sale funds
towards their new facility. He emphasized Kitsap Mental
Health is a deserving cause, however, Council deals with lots
of deserving causes and if they feel the City should
contribute to their cause they should come forward at budget
time and complete with everyone else.
#2056
M/S/C(Horton/Colvin) to approve Interlocal Agreement with
Kitsap County for sale of Kitsap Mental Health property and
building, with the addition of, under Section 4, adding the
words "as is" after the word property.
Vote on motion: In Favor: Horton, Collins, Dawkins, Colvin,
Johnson, Overson, Fitz
Opposed: Neville
Councilman Waibel returned to the Council Chambers at 6:30
P.M.
6B - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 1993-
1995, #AB93-107
The attached Labor Agreement between the City and the
International Association of Fire Fighters Local 437 has been
negotiated in conformance with Council direction and covers a
three - year period beginning January 1, 1993 and ending
December 31, 1995. All changes made to the existing agreement
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are identified in the attached Exhibit 2. Significant changes
are summarized here.
Wage adjustments: 3.5% January 1, 1993
90% of Seattle CPI - W July 1993 Index
Minimum 3% -- Maximum 6% January 1, 1994
90% of Seattle CPI - W July 1994 Index
Minimum 3% -- Maximum 6% January 1, 1995
Fire Prevention Specialist/Public Educator
receives a special 5% adjustment 1/1/93 to
adjust to labor market and internal
alignments
The position of Fire Captain was added -- same wage as Medical
Officer and Deputy Fire Marshal.
Changes to hours of work are included as follows:
Two (2) pro - scheduled relief days (K - Days) are added on 1994
and two (2) additional are added in 1995. This reduced the
average shift hours worked per week in 1993 from 52.5 to 51.6
in 1994; and 50.65 in 1995.
Vacation leave accruals were changed from an annual adjustment
to one every five years. No change to the overall benefits
result and contract administration is made more efficient and
accurate.
New provisions were added to Article 15 (15.7 and 15.8) which
prescribe standard rules for Paramedic certification and
promotional examination processing.
Mayor Louis Mentor stated negotiations have been going on with
the Fire Department since last summer on this agreement. He
believes it is a fair agreement and the City is fortunate to
have a good Fire Department to be proud of. The City has been
a little out - of - line in the area of benefits and the wages and
benefits reflected in this contract will bring the City more
in line with other Fire Departments in the area. He noted the
contract is for a 3 - year term, which takes the pressure off
having to deal with the Unions yearly. He believes the
contract is a reasonable amount and acknowledged it is
sometimes "hard to swallow" when local news articles reflect
400 people are to be laid off from the Shipyard.
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Public comment - none.
Mr. Johnson stated he is opposed to this contract and has been
opposed to a number of labor contacts in the past, not because
we aren't giving excellent fire service...we have excellent,
dedicated fire fighters. What has happened, as a result of
binding arbitration in the State of Washington in the area of
pubic safety, is "blackmail" against the City saying we have
to be "on average" with anyone. That means as all the cities
cycle through the negotiations project automatically 50% or
below and you end up with a constant upward spiral. Over the
past 10 years most of the contracts he has seen are 3 - 6%,
mostly on the 6% end and the core of the citizenry of
Bremerton being Federal Civil servants or related contractors
with similar wage rates, have had their wages frozen,
promotions have been frozen and down sizing has occurred
causing layoffs. It seems to him as a City government when
you talk about cutting costs and spending rate and the salary
of municipal employees should reflect that of the community.
He emphasized his feelings on this issue is no reflection on
the excellent fire personnel in the City of Bremerton.
Mr. Overson stated he agreed with Mr. Johnson and he works in
the Shipyard with people who are residents of the areas around
the City, who have told him outside Fire Districts cover the
same number of residents and/or homes as Bremerton but they
cost 1/3 less. He wished the City could get closer to its
competition, but something needs to be done at the higher
level. He also expressed his appreciation for the Fire
Department personnel and the good work they do for the
citizens.
Mrs Horton raised the point that neither Mayor Mentor or the
Fire Chief had signed off on the Agenda Bill and questioned if
they supported the proposal? Mayor Mentor explained he was
out - of - town when the Agenda Bill came trough his office and
both he and Fire Chief McKinley were supportive of the
proposal. Kathleen McCluskey, City Clerk, reported Chief
McKinley did sign the original Agenda Bill.
Mr. Dawkins stated he understood the concern of some Council
members, however, if a citizen vote was taken as to the most
important service they receive from the City, it would be the
Police and Fire services. If council turned this proposal
down, the next step would be binding arbitration, which is not
the direction Council desires to go.
Mr. Colvin stated he agreed with Mr. Dawkins, Council was led
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to believe that binding arbitration could be more costly than
the proposed contract. He questioned how binding is binding
arbitration? Ian Sievers, City Attorney, stated it is very
binding. In reference to Councilman Johnson's comments, the
State's law sets up binding arbitration for Fire and Police
and does sets standards that arbitrators will apply in those
arbitrations, using averages of like jurisdictions and do get
caught up into a spiral.
Mr. Neville stated it is his understanding that this agreement
will bring the City closer to the norm of the other
municipalities around the State and places the City where it
needs to be to get to a common ground where we can't be placed
in binding arbitration.
#2354
M/S/C(Neville/Horton) to approve the Labor Agreement by and
between the City of Bremerton and the International
Association of Fire Fighters Local 437 for the period January
1, 1993 through December 31, 1995.
Mr. Collins added this proposal will cost $2,040,638.36, of
that $1, 534,128.63 is for salary and $106,509.73 will be for
benefits, uniforms and standard insurance. He recognizes this
is a large sum, but he does agree with the overall proposal.
Mr. Waibel stated the City Council could made a statement of
principle and not approve the increase, however, it would cost
the City more due to the cost of arbitration along with the
results of binding arbitration. He understands the desire to
not support this proposal, but he encourages passage.
Mr. Overson stated in order to help the citizenry understand
the Council's concern, as Mr. Collins pointed out this is a
large budget item and the increase over what was budgeted for
1993 is $71,422, which is about $1,500 per fire personnel. He
pointed out additional increases will be forth coming in years
1994 and 1995. Also, this proposal provides for additional
time off in 1993, 1994 and 1995, which is a significant
advantage to the fire personnel. He believes the proposal is
a good agreement and hoped the fire personnel will appreciate
it as much as we appreciate their services.
Vote on motion: In Favor: Waibel, Collins, Dawkins, Colvin,
Overson, Neville, Horton, Fitz
Opposed: Johnson
Motion carried.
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President Fitz stated we cannot fight this battle in the City
of Bremerton, but all cities in this State who are
experiencing the same problem need to band together and have
a lobby as good as the Fire and Police personnel have. Mr.
Overson stated another approach would be that the firemen
recognize the problem and just stick with a level situation
and not ask for more.
7A - ORDINANCE NO. 4419 (SECOND READING) ESTABLISHING L.I.D.
FOR 4TH STREET IMPROVEMENTS, #AB93-104
Mr. Overson stated he had been contacted by some of the
business people who agreed with his previous point that this
project should not happen. The business people who talked
with him were not present at the previous discussion because
they were angry because the City did not pay attention to
their first opposition to it when it started.
Public comment - none.
Mr. Waibel stated he did not want this proposal to sound like
one of the examples Mr. Amo pointed where Council had its mind
made up in spite on the public's opinion. He has received a
lot of positive responses from many people in the area, who do
support the City taking this step. Hearings on this proposal
have been held and if someone wishes to make a statement for
or against they did have. that opportunity.
#2615
M/S/C(Waibel/Johnson) to pass Ordinance No. 4419, on second
reading, ordering the improvement of 4th Street from
Washington Avenue to Pacific Avenue all in accordance with
Resolution No. 2430 of the City Council; establishing Local
Improvement District No. 326, ordering the carrying out of the
proposed improvement; and providing that payment for the
improvement be made by special assessments upon the property
in the District.
Vote on motion: In Favor: Neville, Horton, Waibel, Fitz,
Collins, Dawkins, Colvin, Johnson
Opposed: Overson
Motion carried.
RESOLUTION # 2433 SETTING PUBLIC HEARING DATE FOR VACATION OF
ARVON AVENUE RIGHT - OF - WAY, NORTH OF 16TH STREET, TO BE
INCORPORATED AS PRIVATE STREET IN THE "ARVON VILLAGE"
SUBDIVISION, #AB93-108
Vacation of approximately 3,027 square feet of the Arvon
Avenue right - of - way (a portion 15' wide by 202' long) north of
16th Street. RCW 35.79,010 requires the setting of a hearing
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By resolution not less than 20 days nor more than 60 days
after Council passage of the Resolution.
Mr. Johnson suggested slipping the hearing one week due to the
absence of several Council members who will be attending the
Association Of Washington Cities Conference in Yakima on that
date. Kathleen McCluskey, City Clerk, stated if the Planning
Department had not already sent out the public notices, the
date could be moved ahead to June 30.
Public comment - none.
#2764
M/S/C(Dawkins/Johnson) to pass Resolution # 2433, setting a
public hearing for the Arvon Avenue Vacation on June 30, 1993,
at 6:00 P.M., or later.
Vote on motion: In Favor: Overson, Neville, Horton, Waibel,
Fitz, Dawkins, Colvin, Johnson
Opposed: Collins
Motion carried.
8A - PUBLIC HEARING ON MOTION TO RESCIND AN ADVISORY BALLOT
FOR THE ESTABLISHMENT OF FREEHOLDERS, #AB93-109
On May 26, 1993, the City Council passed a motion to place an
Advisory Ballot Measure on the November Election Ballot
regarding the utilization of Freeholders to examine the City
government structure and recommend changes as appropriate.
The Motion was heard after some of the public that had been in
attendance had left Council Chambers apparently believing that
all Agenda items regarding the City Charter and form of
government had been completed. This motion is brought in
keeping with the spirit of open public meetings and procedures
and policies of the City Council to only act on items that
have been properly advertised, placed on the Council Agenda
and distributed for public review prior to the Council
meeting. The public should be allowed input or discussion on
the additional advisory measure on the establishment of
Freeholders.
Mr. Waibel called for a point of order - in all of his
education on western civilization, all civic classes and
public science classes, one of the things he learned about a
democracy is that it is very hard for democracy to get
anything done if you continually allow vote - after - vote - after
vote on the same item. Because of that, rules have been
created to keep from going back and rehashing the same motion
over and over again. Robert's Rules, which Council does not
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follow all of the time but has followed this particular rule
in the past, says that the only time a motion can be
reconsidered is if a person who was in the majority of that
item requested it before any further action is taken by the
voting body. He emphasized Council cannot hear this issue at
this time and still say that we follow any rules. Mr. Johnson
stated Mr. Waibel was absolutely correct if he were asking for
a reconsideration motion. He is not doing that, but is asking
for a recision of a previous motion. Mr. Waibel stressed you
cannot frame this in any other way but a reconsideration and
you have directed what you want the reconsideration to be.
Mr. Johnson stated he would refer a response to Mr. Waibel to
the City Attorney and parliamentarian. He stressed all this
proposal would do is to take it back so that the public has an
opportunity for input. Council had an item on the Agenda last
week that was advertised on the Agenda, discussed by the
public and Council, followed by Council action on three
motions that were included in the Agenda Bill. Council then
took a break as part of normal procedure which means the item
is over unless it is stated that the item will continue. He
did not believe Mr. Collins was trying to "sneak by" something
in the motion on a prior Agenda item but he believed it did
have an appearance of such an action. After reflecting on
that action, he realized he was remiss in not having called
for a point of order at the time the motion was made. His
intent of this Agenda item is to go back and do it right. Mr.
Waibel stated Council never has "public input" after a motion
has been made. Council always makes motions after taking the
discussion back from the public. The issue of "freeholders"
has been brought up by Mr. Collins at every opportunity the Ad
Hoc Committee Report has been discussed. If anyone on Council
needed to address that issue, they should have done so at the
time they had the opportunity. Not only do we not have
motions listed in many Agenda items, but Council often changes
those motions after closing to public input. Mr. Johnson
suggested Mr. Waibel rereading Robert's Rules Of Order,
looking at the difference between "Recision" and
"reconsideration".
Kathleen McCluskey, City Clerk, stated when this issue was
raised she looked at Robert's Rules and as Mr. Waibel stated,
the way this body functions Robert's Rules is used as a guide
and the final decision is left to the chair of the Council,
who is Mrs. Fitz. However, in reviewing this issue to see if
a motion to rescind was appropriate what Robert's Rules states
is "when an assembly wishes to annul some action it had
previously taken and it is too late to reconsider the vote,
the proper course to pursue is to rescind the objectional
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resolution, order or other proceeding. The motion has no
privilege but stands on a footing with the new resolution.
Any action of the body can be rescinded regardless of the time
that has elapsed". Mr. Waibel questioned if there is any
restriction as to who can request a rescission? Ms. McCluskey
stated there was nothing written restricting who could request
it or any time - it is simply a new motion.
Mr. Collins stated he would like to "shed a little light" on
what we are here to accomplish. The Revised Code Of
Washington provides very specific law on the amending and
revising of a City Charter. Because of the direction, the
Law, what is being proposed by the Ad Hoc Committee he can
only agree with in substance but not in method. He has been
very emphatic from the beginning that in order to do the
extensive modification proposed it must be accomplished by
freeholders. What brought him to this conclusion is RCW
35.22.120 Petition for submission of charter amendment. "On
petition of a number (equal to fifteen percent of the total
number of votes cast at the last preceding general state
election) of qualified voters of any municipality having
adopted a Charter under the laws of this state, asking the
adoption of a specified Charter amendment, providing for any
matter within the realm of local affairs, or municipal
business...".
TAPE #1112
Mr. Collins noted as additional clarification to this
statement RCW 35.22.140 New or revised Charter Petition -
Freeholders reads: "On the petition of a number of registered
voters of a city equal to twenty-five percent of the total
votes cast at the last preceding city. election, the city
council of a charter city shall, or without such petition, may
cause an election to be held for the purpose of electing a
board of 15 freeholders for the purpose of preparing a new
charter for the city by altering, revising, adding to or
repealing the existing charter including all amendments
thereto .... ". He emphasized there are two significant
points...according to his dictionary to "amend" is to remove
the fault or error and "to revise" is to change or modify. To
amend a charter by petition requires only the signature on the
petition of 15% of the voters in the last preceding general
State election, but for a new or revised charter 25% of the
voters in the last general state election must sign a
petition. This would indicate the revision of a charter was
a much more serious undertaking than the amending of a
charter. The second point is that freeholders is the only
method allowed to revise a charter. With an amendment there
are two ways to amend the charter, RCW 35.22.120 - petition
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method and RCW 35.22.130 states: "... This and RCW 22.120
do not deprive city councils of the right to submit proposed
charter amendments but affords a concurrent and additional
method of submission". Mr. Collins stressed Council could act
on its own volition but for a new or revised charter there is
only one way - use of freeholders according to the RCW. The
three proposed ballot measures, voted on last week, in his
opinion were inappropriate and illegal, therefore, he voted
against them because they are. major revisions to the City's
existing charter. They are sweeping changes and therefore must
be seen as revisions to the Bremerton City Charter. The
document provided to him by the Ad Hoc Advisory Committee,
dated May 20, 1993, which he feels is an excellent document
and is a good proposed charger, indicates there were 43
changes to 49 existing sections of the charter and it
incorporates the provisions of a Code City. These are not
amendments to the Charter - this is a new or revised Charter
and therefore must be presented to the electorate by the
freeholder method, which he proposed, was seconded, voted on
and passed at the last Council meeting. He feels the
freeholder question was the only one appropriate to place on
the ballot.
Mr. Overson pointed out the above discussion by Mr. Collins
was what should have been in keeping with the proposal. What
is presented at this time is the correctness that we should
have followed doing that process.
Mr. Colvin asked the City Attorney to comment on Mr. Collins'
comments. Mr. Sievers stated he and Mr. Collins had a brief
exchange shortly prior to the Council meeting so he did not
have a in depth analysis of the section of State law Mr.
Collins referenced. He believed Mr. Collins made two points
that there are two methods for amending charters (they seem to
use different terminology) one talks about charter amendments
and the other talks about revisions and a series of other
adjectives. Mr. Collins is interpreting the one to mean the
freeholder description of what can be amended as requiring a
freeholders election for very significant changes to the
charter, basically changing course of direction,
reorganization of government, etc., and amendments being more
minor. Another thing Mr. Collins points to in support of that
argument is the different percentages required to elect
freeholders as opposed to adopt an amendment that is forwarded
by Council. He referred Mr. Collins to a very old case that
states: "...amendments referred to and provided for in the
charter only such revisory or supplemental changes as the
working of the present charter may suggest and should not be
held to refer to amendments which alter or annul the basic
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plan or principle upon which the city government is founded.
It would be dangerous in deed for courts to draw a line
between amendments that are classified in any way". Mr.
Sievers emphasized the courts are apparently unwilling to make
a distinction in the types of changes referred to in those two
sections of the RCW. He is of the opinion the difference in
percentages that supports each ballot action is probably
because when you select freeholders the citizens are electing
a new body to make decisions. In the first instance they rely
on their present elected representatives on the City Council
to make decisions and probably the former is a more
significant change since they are electing a whole new body.
He does not concur with Mr. Collins and believes either method
is available for amending the City's Charter.
Mr. Colvin stated for the record he wants to support the
recommendation that was brought by Mr. Stone, Secretary of the
Ad Hoc Committee. But, failing that, where freeholders are
concerned he is supporting not necessarily the action by
freeholders but the choice of our electorate to be the ones to
determine whether we use freeholders or not. He emphasized
that was his position for voting in the affirmative on placing
the freeholders motion on the Election Ballot.
Mrs. Horton stated if this Council wants to ask the citizens
if they want to use freeholders, and if the result is that
they do want to use that method, then Council should not have
spent the Ad Hoc Committee's time, energy, and months - and -
months of research on what they did. She stressed most
everyone agree that the Ad Hoc Committee did a thorough and
unbiased job in their research. If, at this point, Council
says "thank you very much but we're going to see if the
freeholders idea is going to fly", it would be a real slap in
the face to all of those people who spent all of that time.
If Council had wanted to look at the change in government
through the freeholders method, we should have implemented
that process last September. She believes the Ad Hoc advisory
Committee deserves to at least have something on the ballot
that reflects their recommendation to Council. She would like
to see the Committee's recommendation go in the form of an
advisory vote to see if the citizens want a City Manager,
smaller council and how they want to vote for their Council
representation and then do the Charter change and change of
government all at one time.
Mr. Waibel stated several members of the Council wanted to
address the issue of freeholders in September of 1992. He did
not understand the logic of saying that we want to hear from
a selected part of the public rather than hear from all of the
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public. Council is saying at this time we want to hear from
the people who are present but we don't want to hear from the
electorate. He agrees with Mr. Collins that the motion made
addressing freeholders was the only legitimate motion made at
the previous Council meeting under the issue of Charter
review/change of government. We are not allowed to put on an
Advisory Ballot something we cannot do. Mr. Johnson called
for a point of order. He challenged Mr. waibel's last
sentence and emphasized it was not true and if you would ask
Mayor Nelson if there can be major changes made by non -
freeholders to a City Charter he would have to say yes. Mr.
Waibel stated we cannot ask the citizens of Bremerton if they
want the Federal government to reduce income taxes. He used
that example showing that the City cannot ask things on an
advisory ballot that they cannot deliver. Council cannot
change the number of Council members...that can only be done
by the vote of the people. The other three motions were all
things Council can not do and should not be included on the
advisory ballot. Something Council can do is to suggest
numbers of Council members to comprise the City Council. He
questioned if Council wanted to place such a "suggestion" on
the ballot? Mr. Johnson state that was the point of having
this issue on the Agenda for discussion. If Mr. Waibel felt
so strongly on the whole issue, he wished he had said more
during discussion at the previous Council meeting. However,
he thinks the colloquial that is going on here between
Councilmen Collins, Waibel, Colvin and the City Attorney
points out when you establish that "tonight we are going to
talk about freeholders on the Agenda", some very valid points
are made. He sees this as a positive process and he would
guess that when it is opened up to public input more points
will be brought up. This is a subject that is not just "slid
in" following a lengthy discussion while seated in a over warm
room and geared to go onto the next Agenda item. He has no
problem over the idea of placing the freeholders issue on the
Advisory Ballot, but what he feels, particularly as hard as
this Council has worked, is that action taken at the previous
Council meeting did not support Council's spirit of openness
and fairness to the public. Mr. Walbel stated every time
Council has gotten into the business of trying to change
things about this form of government arguments have occurred,
such as what just took place. He emphasized that is why the
freeholder process is there and Council does not belong in it.
Mr. Johnson stated he disagreed with Mr. Waibel's statement
and in fact 50% ofthe RCW states we can be involved. Mr.
Waibel stated Council can make small amendments and generally
he thought one of the things the Court will look into is how
much controversy surrounds that amendment as to whether or not
it is a revision. Mrs. Horton pointed out the City Attorney
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refuted that argument. Mr. Waibel stated Mr. Sievers stated
he didn't agree but he also did not have a chance to look at
it all. Mr. Johnson stated the subject Agenda Bill has
nothing to do with whether or not the freeholder issue is
placed on the Advisory Ballot. The point of it was that
Council violated the spirit of intent of its own procedures
and want to make it right. Mr. Waibel re - emphasized Council
never goes to the public for comment once the motion has been
made. Mr. Johnson stressed Council never start hearing an
item following a break once it has been closed off. Mr.
Waibel stated there have been a number of motions that have
been made that were not even on the Agenda. He reminded
everyone that two weeks ago an issue was introduced that was
not included on the Agenda for the meeting that week.
Mr. Overson stated something this important should be handled
correctly.
Mr. Colvin stated he agreed with Mrs. Horton that the Ad Hoc
Committee did a tremendous job. He questioned if anyone on
the Council had a different opinion on that statement? Mr.
Collins stated at the same time the Ad Hoc Committee was
serving the City he was serving on a similar committee for the
County for a considerably longer period of time. He has a
document that states the outcome of that committee's work and
the result as to "go to freeholders" and the restof it was to
find the places where the freeholders need to exert some
effort and thought for improvement. He believes that the Ad
Hoc Committee did a good job for what they gave Council as a
proposed Charter - it is excellent. He found only one or two
minor changes that he would make to that document. He also
found some minor things he would like to see changed in the
County's document, but the freeholders will get to look at it.
If the Ad Hoc Advisory Committee feels that what they did on
this, even though we say it is an excellent document, should
not be looked at by freeholders then he is really sorry. He
feels the RCW says that when there are major changes to the
Charter than it comes under the portion that says there will
be freeholders either by petition or established by Council.
Mr. Colvin stated the Ad Hoc Committee made an excellent
presentation and Council lauded their efforts. He questioned
when Mr. Stone made his recommendation why didn't Council
agree with him? President Fitz questioned which
recommendation was Mr. Colvin referencing? Mr. Colvin asked
that Mr. Stone read his original recommendation made to the
City Council. Mr. Stone stated the recommendation to the City
Council was to take Phase I issues first for resolution and
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then move to Phase II issues. Phase II issues deal with the
change of form of government and Phase I issues deal with the
City Charter and Ordinance recommendations. Mr. Colvin stated
he agreed with Mr. Stone' recommendation, however, not all of
the Council members shared that opinion.
President Fitz stated the reason she supported the motion
placing freeholders on the Advisory Ballot was not because she
thinks the Ad Hoc Committee didn't do a wonderful job, but we
are putting items on the ballot for people to make decisions
on something different beside that. To be able to vote for
freeholders is an option for people who may not want a Mayor
or Council/Manager form of government. She believes in the
need to offer the citizens the opportunity to not only vote on
the first three but also vote on having freeholders to study
it further. The citizens may not have the same perception of
the Ad Hoc Committee's report as the City Council and that the
citizens also have the right to make a decision on whether or
not it needs further study.
Larry Stone, Secretary/Ad Hoc Advisory Committee, explained
the Ad Hoc Committee made three changes to their revised
version of the City Charter, which if excluded would leave the
exact same charter presently in effect (2 - year residency
requirement; term length; and performance audit). He did not
know that the law says retyping a charter is an amendment or
a revision. There were sections in the Charter that were
covered by the Code and in that sense were redundant. He was
somewhat confused by Council's action the previous week
because it was addressing the issues of the Ad Hoc Committee.
He has searched through his records and minutes and could find
no reference to "freeholders", so it was difficult for him to
see how it would come in properly in an issue that had an
Agenda title involving the Ad Hoc Committee. He emphasized
the Charter itself will not be changed significantly if it is
a Charter under the Optional Municipal Code.
Cecil McConnell, 3245 Almira Drive, Chair of the Ad Hoc
Advisory Committee, stated he had no objection with the
freeholders question going on the Advisory Ballot. However,
he did object strenuously that it be given any sense of
legitimacy by tieing it to the Ad Hoc Committee's
recommendations. He thinks it is unforgivable of any City
representative to attempt to stick his ideas upon an Agenda
Item that is not remotely connected to the issue that he
addresses. If that representative wanted an Agenda item on
the Council Agenda addressing freeholders, then he should have
submitted one. He emphatically stressed placing freeholders
on the Advisory Ballot was not, is not and will not ever be a
recommendation of the Ad Hoc Committee. A freeholder process
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eliminates Council input and the ability for Council to hold
public hearings and fine tune the results. Also, freeholders
only allows public input twice, once through election of the
freeholders and once to vote "yes" or "no" on their results.
And, a freeholder cannot be given direction to change, modify,
delete, add to or even repeal a Charter under the State RCW.
He specifically asked the sponsor of last weeks motion,
regarding the freeholders issue, if it was his intent to
completely block the Council out from having anything to do
with this and his answer was one word..."YES".
Bob Wood, Willow Street, stated he felt the Council was being
toyed with by one of their members and that he had an agenda
of his "own design". He also served on the County group along
with Councilman Collins and believes the City is not dealing
with the same issues that the County is in their Charter
process. The County Charter deals with very broad issues
along with consolidation of governments, whether they be
junior taxing districts or cities and counties. Also, the
County is dealing with Commissioners, who each represent over
65,000 - 70,000 people. The City Council appointed people to
serve on an Advisory Committee, many of whom were known as
neighborhood leaders, who would be logical and just about
numerically the same as freeholders. The City does not have
big, broad issues, you have choices of form but are not
changing jurisdictions, but rather how the City functions day -
in - and - day - out as a government. To go through another process
would be doing the public a disservice because the Ad Hoc
Committee obviously solicited input and made their
recommendations.
Del Knauss, Olympia Avenue, state he wanted to point out to
Mr. Collins the Ad Hoc Committee's recommendations was the
Agenda item and it had nothing to do with "freeholders". The
City Council made comments on an Agenda item, then opened it
up for public input, public input was closed, Council debated
the issue and then voted on the three recommendations,
followed by Council taking a break. At that point, Mr. Knauss.
thought the issue was over and left the Council Chambers.
Then, Mr. Stone informed him that Council had taken further
action and added a fourth item to be placed on the Advisory
Ballot. He believes Council was totally out - of - line in taking
action after the Agenda item had concluded and with no public
input. As far as he is concerned Councilman Collins tried a
deliberate end run last wednesday and it was deceitful and
dishonorable. From this day forward, based on this act and
previous acts, he hopes he never sees Mr. Collins' name on the
Ballot for Council District # 7 or the City again.
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Mr. Colvin questioned if Council can appoint freeholders or do
they have to be elected? Mr. Sievers stated it is an improper
use of the term, the term "freeholders" should only apply to
those that are elected on a ballot and have duties and
responsibilities in the RCW.
Mr. Waibel noted Mr. Sievers stated he had not been able to
address the issue of the "revised" verses the "amended" and
asked if he agreed if in fact you are talking about a revision
that the freeholder method needs to be used? Mr. Sievers
stated no, he does not agree with Mr. Collins' opinion on that
point. This case and others he has knowledge of where people
have attempted to have a Court strike an initiative because it
is unconstitutional the Courts are very reluctant to interfere
with the political process and they look at that as an
expression of free speech. Mr. Waibel stressed there is a big
difference between an initiative and action taken by Council.
Mr. Sievers stated he understands, but the Courts seems to
take the approach in that case and not wanting to fine tune
what an amendment is verses a charter addition or revision.
They are looking at them as one of the same, allowing both
methods, either initiative or freeholders, for charter change
to go forward. Apparently, both methods are open and they are
not addressing "this re - writes the whole charter as opposed to
only changing a small part that is more compatible with an
existing charter". Mr. Waibel questioned if Mr. Sievers was
saying the Court was saying in that case the Court did not
want to make that distinction? But, if the statutes say there
is only one method to do a revision and two methods to do an
amendment is Mr. Sievers saying they just do not want to make
that distinction? Mr. Sievers states yes, he thinks Mr.
Collins was trying to use definitions found in the dictionary
of "amendment" verses definition of "revision" and saying one
is broader in scope and one is smaller and less significant
and less likely to make a change in direction. The court
said, under the definition, they were not taking that argument
and allowed amendments to be broad and all encompassing
changes as well. Mr. Waibel questioned if changing the form
of government entirely and changing the Charter from a Charter
Code would be considered amendments and not revisions? Mr.
Sievers stated he believed that case considers them as
amendments and the portion he read into the record stated even
those that changed the whole form of government. What might
be misleading to Mr. Waibel was the title of the freeholders
section mentioned by Mr. Collins earlier - it talks about a
new charter revision. Titles provided by the codifier are not
binding and it is the language that is binding within a
section. There are words that can be quite minor, such as
"add to a charter", which accepts every thing that is there
TAPE #1112
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Page 26 of 35
and adding additional items. Those things do not have to be
significant changes even when using freeholders.
Mr. Overson pointed out what is happening is a lot of
discussion that should have gone on at the previous
presentation of the "freeholder" item. He supported stepping
back and taking another look and doing it correctly.
#0981
M/S/F(Overson/Horton) moved to rescind the Advisory Ballot
measure for the establishment of freeholders.
Mr. Waibel again stated he did not understand logic of saying
we and a few members in attendance are the public and not
willing to go to the general public through an election
process. Mr. Johnson stated that was not the point. The fact
is Mr. Collins came in with a motion addressing a subject that
no one on the Council was prepared to address at that time.
He did acknowledge that Mr. Collins had voiced his support of
the "freeholders" process for a long time, but at the point
Council came back to reconvene the meeting they were prepared
for the next Agenda item. Mr. Waibel noted we have had a full
hearing tonight and there is a motion before Council. If the
motion is passed as stated, Council will be saying we and the
few people in the audience, know better than the general
public. He felt this was a real shortcut to ignore one of the
provisions that is very public oriented in terms of
freeholders. Mrs. Horton stated what Council wants to ask the
public is if they agree with the first three items previously
approved by Council for an Advisory Ballot, which were part of
the Ad Hoc Committee's recommendation. Mr. Waibel pointed out
the fourth motion is asking the public if they want Council
out of it and let some neutral people deal with it.
Mr. Overson stated possibly the process is to go ahead with
the Advisory Ballot issues as presented for those three items
and if the result comes me out differently than expected, then
the freeholder process could be pursued.
Mr. Colvin questioned what would it take to go back to the Ad
Hoc Committee's recommendation and vote on that
recommendation? President Fitz stated first of all we need to
address the motion by Mr. Overson and seconded by Mrs. Horton.
Mr. Colvin asked that Mr. Overson's motion be restated and if
approved what impact would it have? The City Clerk restated
the motion. President Fitz emphasized it was an Advisory
Ballot only. Mr. Johnson stated the Agenda Bill he submitted
brought with it the proposal to kill the motion that was made
the previous week relating to freeholders. What he is asking
Council is if consideration is given to the freeholder
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June 2, 19931
Page 27 of 35
question, that it be done by submittal of an Agenda Bill, take
public input followed by a vote of Council. Mr. Waibel stated
if Mr. Overson's motion is upheld we cannot do that but if the
motion is voted down it could bring about that result. Mrs.
Horton emphasized the issue of freeholders was not a
recommendation from the Ad Hoc Advisory Committee, the other
items were. Mr. Colvin stressed Council did not follow the
Committee's recommendation. Mr. Waibel stated nothing Council
did last week had anything to do with recommendations from the
Committee. Mr. Johnson pointed out to Mr. Waibel that the
three motions that were approved at last weeks Agenda were at
the direction of a majority of the Council at a Study Session.
Mr. Overson pointed out those issues were on the Agenda Bill
because Council could not make up its mind what to do.
Vote on motion: In Favor: Johnson, Horton, Overson, Dawkins
Colvin, Neville, Waibel, Collins,
Opposed: Fitz
Motion failed.
8B - PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF
A ZONING ORDINANCE SPECIAL EXCEPTION TO ALLOW AN INTRUSION OF
15 FEET INTO THE FRONT YARD SETBACK OF THE SF-3 ZONE FOR A 30'
X 30' THREE CAR GARAGE/STORAGE STRUCTURE; APPLICANT: DAVID
BARCELON, LOCATION: 1545 MADRONA POINT DRIVE, #AB93-110
On April 25, 1993, the Planning Commission denied an
application for a Zoning Ordinance Special Exception to allow
a three-car garage/storage structure to locate within five (5)
feet of the front property line abutting Madrona Point Drive.
The City Council, when hearing an appeal, shall either: 1)
Affirm the decision under review; 2) Reverse the decision
under review; 3) Modify in whole or part the decision under
review; or 4) Remand the matter back to the Planning
Commission for further consideration.
Such action shall be decided by a majority vote of the members
present. That vote may be taken at the same or any subsequent
meeting.
Don Pratt, Director of Community Development, stated the
appellant for this appeal has advised the City he cannot be
present this evening and requested that it be held at a later
date. The Planning Department became aware of that situation
after public notice had been given. Council's options, at
this time, are: to conduct the meeting without him, to open
the meeting and continue it, to open the meeting and conclude
it. If Council wishes to move the meeting to a time when the
appellant can be present, he recommended opening the meeting,
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June 2, 1993
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asking if any one wished to testify and advising them could
testify now or at a continued meeting, followed by a motion to
continue.
President Fitz asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
President Fitz asked if anyone from the public wished to speak
to this issue, either for or against, at this time - no one
came forward.
#1244
M/S/C/U(Waibel/Johnson) to continue this hearing one week.
8C - PUBLIC HEARING: PRELIMINARY PLAT (AND PUD) FOR 7 LOT SUB-
DIVISION INCLUDING NEW BUILDINGS WITH ACCESSORY PARKING AND
NEW PARKING FOR EXISTING APARTMENTS; APPLICANT: JOHN
STEPHANUS, BREMERTON GARDENS LIMITED PARTNERSHIP; LOCATION:
WEST SIDE OF WEATON WAY, NORTH AND WEST OF EAST 16TH STREET
AND ALONG THE PORT WASHINGTON NARROWS IN EAST BREMERTON,
#AB93-111
On April 25, 1993, the Planning Commission approved a
Preliminary Planned Unit Development which proposes to
subdivide 21 acres (914,760 sq. ft.) into seven lots and
locate five multiple - family structures resulting in 78 new
dwelling units. The Commission also recommends to City
Council approval of the Preliminary Plat for seven lots as
conditioned in the attached Findings of Fact.
The City Council is the decision - making body responsible for
evaluation of Preliminary Plats.
The City Council shall either: 1) Affirm the decision under
review; 2) Reverse the decision under review; 3) Modify in
whole or part the decision under review; or 4) Remand the
matter back to the Planning Commission for further
consideration.
Mr. Waibel raised the question if he had a conflict on this
issue due to his residing within 300 feet of the subject
property? Ian Sievers, City Attorney, stated he believed Mr.
Waibel was the best judge as to whether his property values
would increase by Council action. Mr. Waibel stated such an
increase was certainly not visible and it may help the entire
City.
President Fitz asked the "Appearance Of Fairness/Conflict Of
Interest" question with all member of the Council being
seated.
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June 2, 1993
Page 29 of 35
Shane Jensen, Planner, explained the proposal is a Preliminary
Plat to create seven lots and considered in the framework of
a PUD. As background on this project, this was previously a
PUD and Shoreline Permit approved in 1989. The applicant
could not secure financing and the PUD approval and building
permit approval expired. The project was started but not
completed. At this time, financing is in the works and they
are ready to build the project, which is somewhat modified
from the 1989 proposal. Changes since the first application
include: basically the same PUD but financing requires a
subdivision, which brings a new set of conditions and thus new
set of requirements. Some of the conditions that are attached
are due to the subdivision and others bringing the project
into zoning compliance. A PUD is required because the
proposed lots do not meet standard lot dimensions, there are
some potentially reduced setbacks, and there are some unique
site characteristics. The density was also a consideration in
the PUD and the density proposed is potentially greater than
if this were run as a straight subdivision and adequate open
space has been provided to allow a little greater density.
There are less apartments (78) proposed than what was proposed
previously (104), and there is more parking provided than is
necessary. Parking is evaluated only for what would be
required for new construction. The project still is non -
conforming to current parking requirements, around 60 spaces.
There are some parking, parking lots and landscaping issues
addressed in the conditions. There is now a required
maintenance agreement and common ownership of open common
areas. This is needed because of the subdivision and is a
consideration for streets and open space.. This is needed in
the event the project is put into separate lots, which is a
possibility. If the lots are sold, they could potentially
lose the common site amenities, such as parking, open space,
and access on the private driveways. The conditions listed
serve the subdivision concerns and also uphold the PUD
requirements of the Zoning Ordinance.
Mr. Jensen emphasized this proposal is only a preliminary plat
and all details are not in place. The conditions proposed are
possible to meet and they have been acknowledged by the
project architects, who indicated they will comply. This will
be done prior to a final PUD, which is an administrative
decision and finally a.final plat, which will come back before
Council. Council action, at this time, is voting on the
preliminary plat only and is considered in the framework of a
Preliminary PUD because of some of the development constraint.
Final design plans will be nailed down in the final PUD stage
and then after final plat approval building permits can be
obtained.
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Mr. Dawkins questioned for clarification if any buildings
would be built near the ravine? Mr. Jensen stated no, the
closest building will be A - 6. Mr. Dawklns questioned if the
ravine was being counted in the land area? Mr. Jensen
explained it is counted as part of lot # 5. Mr. Dawkins
questioned the setbacks from the street in areas where there
isn't any setbacks along Wheaton Way? Mr. Jensen stated
setbacks are generally variable within a PUD, except for what
is considered a perimeter setback. Along Wheaton Way there is
a front perimeter setback requirement that is pretty much "set
in stone" - at 25 feet. There is a condition for approval
that must be taken care of through another special process
such as a Special Exception or Variance. Mr. Dawkins
questioned if buildings would be removed and new concrete
foundations put in place? Mr. Jensen stated yes and they were
initially approved, but since the building permits and PUD
expired, this is as if it were a new application, therefore
there is need to resolve the perimeter setback issue through
one of the above mentioned processes.
Public comment - none.
Warren Pollock, Architect - 1423 Western Avenue, Seattle,
stated this proposal is a revisit of a PUD application that
was made and approved as staff indicated. When the original
application was made and approved, there were two phases of
work, Phase I was to rehabilitate the existing buildings on
the property, of which there are 34. Those buildings were
brought up to energy standards with new insulated windows,
siding repaired and repainted. Phase II of the project was to
construct the new buildings and foundations were poured,
buildings were inspected by the Building Department and the
work stopped at that point because the expected financing
disappeared. The project has sat at that stage while the
owner attempted to find financing, which he now feels he has
a good chance of securing. However, one of the conditions of
the financing is that the new buildings be divided on separate
parcels of land from all of the existing buildings so that the
loan is for the new buildings and not encumbered by 34 other
existing buildings. The new component of this request is to
ask for permission to divide the land into separate lots.
There is no intention of selling ownership or dividing the
ownership, it is just to facilitate financing.
Revisions to the project are: that some of the buildings that
were originally proposed and approved have been eliminated.
One of them (A - 3) as well as two others that were to be
located close to the ravine. They also have reconfigured the
parking to meet new Federal handicap requirements, which are
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June 2, 1993
Page 31 of 35
imposed on the project nation - wide. By eliminating buildings
instead of building 104 new units, they are proposing to only
build 78, however, they are still proposing to provide all the
parking that was proposed under the original PUD. The result
of this is having a better parking ratio than what was
previously approved.
From an environmental point of view, the project has less
impact than what Council previously approved. The Shoreline
Permit is still in effect. At the time of the first PUD, an
easement was granted to the City all along the water. There
is a component of the original project that brought about a
lot of discussion and that was how beach access would be
developed since there is a fairly steep embankment, except at
a street end location (E. 16th Street). It was concluded with
City staff that the best location for the beach access was at
a street end because there would always be free access to the
public. Beach access was a condition of the previous approval
and is again indicated as a condition of the final plat that
the applicant provide the required walkway.
Mrs. Horton asked for clarification of the intended use of the
ravine area. Mr. Pollock explained there is no proposed use
or construction in the ravine area, except where civil
engineering needs to correct drainage out fall. The ravine is
under private ownership, but it is just used as open space.
He believes it has a special designation in one of the City's
plans. Mrs. Horton stated since the City is in the process of
working through a Critical Land Ordinance, which she believed
applied to this parcel, she would like to see that area
preserved. Mr. Pratt, Director Of Community Development,
stated the site plan before Council is the only plan that can
be developed on that site. No building permits can be issued
for construction in the ravine area unless this PUD is amended
before the Planning Commission or the City Council. You will
put development prohibitions on the ravine if Council adopts
the proposed PUD.
Mr. Waibel questioned if the roadways in the complex were
public or private roads? Mr. Pollock explained the roads that
are within the parcel are under private ownership. He also
pointed out the beach access would be developed at the end of
E 16th Street.
Mr. Colvin requested clarification of the parking ratio. Mr.
Pollock stated right now at the project site there are 181
apartment units and 129 parking spaces, so there is less than
one space per unit. The proposal for the completed project is
to have 259 units in total and have parking for 302 vehicles.
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Mr. Neville questioned if calculations worked out to 12.7
dwellings per acre density or 12.37 Mr. Jensen pointed out
the density would be well within the allowable density for
that site. Mr. Colvin requested clarification on the
"maintenance of common areas". Mr. Pollock explained all
parcels of property will be under one ownership, however, an
issue raised by Planning staff was if, at some time in the
future, the parcels came under different ownerships they felt
there needed to be a maintenance agreement that would bind any
new owners to maintain the property and open space. The
specific wording of such an agreement has not been worked out,
but in concept everyone has agreed it is a legitimate concern
and they will provide such an agreement.
Mr. Neville stated he was concerned that a Determination Of
Non - significance was issued by the City's Responsible Official
in March of 1993, however in another section of the report is
states the City Engineer is concerned that the stormwater
outlets might cause damage to the ravine. Mr. Overson
questioned if an area proposed for parking near the ravine was
part of the ravine that fell away a couple years ago? Mr.
Pratt stated the parking lot in question and storm drain out
fall cannot be constructed without the City Engineer's
approval and that it follows the design standards and policy
of the City. The assumption is made by the Responsible
Official (SEPA Official) that if the appropriate design
standards are followed the environmental impacts will not be
significant. What is being approved now is conceptual design,
but does not have the engineering detail. Building permits
cannot be issued until the engineering detail is locked in and
at that time he assumes construction will be adequate to meet
the storm requirements and to protect the ravine. That was
the basis for the finding of Non - significance...there is
further review and there has been no variance asked from that
further review. He could not recall the exact cause of the
collapse of a section of the ravine, however, he believed the
primary cause of that slippage was due to drainage coming off
the uplands rather than what was happening below the street.
Mr. Pollock pointed out there is a large culvert under Wheaton
Way.
Mr. Waibel stated as the applicant indicated, the Shoreline
Permit has a different lifetime then the City's preliminary
plat. He thought Shoreline Permits were tied specifically to
the approved site design and if the site design has changed
won't there need to be an amendment to another review by the
Shorelines Permit. Mr. Pratt stated no, the proposed
amendments in the design are away from the shoreline access
and shorelines themselves and it was his administrative
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June 2, 1993
Page 33 of 35
determination that they were not germane to the quality of the
original Shoreline permit. If the City wanted to "box up" the
project they could conceivable go through an amendment process
for the Shoreline permit, but it was felt the project was far
enough away not to adversely affect the shoreline. Mr. Waibel
stated he hoped the City was not setting a precedent. He
understood Mr. Pratt had the administrative authority to not
pursue the amendment process for the Shoreline permit,
however, he felt it might be worthwhile to go through that
step anyway.
Mr. Johnson questioned which parcel contained the Kitsap
Transit stop? Mr. Pollock pointed out the Transit stop is
currently on Wheaton Way. Mr. Johnson noted this Council had
been told when doing large project that proper bus stops are
suppose to be provided. Mrs. Horton questioned if Kitsap
Transit had reviewed the revised plan and concurs the best
site for the bus stop is along Wheaton Way? Mr. Pollock
stated no, transit had not reviewed his proposal.
Mr. Johnson pointed out a statement made by the Fire Chief
that the roads in the project site are too narrow for his
trucks. He questioned if the road were too narrow for garbage
trucks as well? Mr. Dawkins noted some garbage containers are
located near the Wheaton Way access.
Mr. Waibel stated he believed Kitsap Transit should review
this proposal and the possibility of relocating the present
transit stop. If the use of transit is increased in that
area, it may be more appropriate to locate it somewhere else.
He wondered whether or not that may impinge upon the
preliminary plat and Council may want that answered prior to
giving approval.
Mr. Johnson stated he was also concerned with the parcels,
once they all have separate deeds you've locked in the size of
the road going into the complex or most of the places along
Wheaton Way are one of the new parcels, so you preclude good
PUD planning. Mr. Pollock stated his impression of the Fire
Department's comments is that they are commenting about the
existing project. The subject proposal would not be using the
existing roadways and would have their own access. Mr. Pratt
stated both the transit issue and fire issue are eligible for
debate during this discussion since it is a new action. What
was approved previously does not bind Council on anything that
needs to be addressed at this time. The last time it received
approval, there was discussion on transit and the standards
were not quite what they are today. It is entirely possible
and something he would like to do at this point before there
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June 2, 1993
Page 34 of 35
is a final PUD and final plat to require discussions and
negotiations between the developer and transit to see if that
is the best place for the bus stop. If it is not the best
place for a bus stop and needs to be better situated, that can
be reflected. The way to accomplish that at this time is
within the plat, which is an allowable condition, Council
could granting either the Planning Director or City Engineer
authority to sign off on transit improvements made after
receiving transit's comments. At the time the final plat
comes before Council, they can see if adequate design on those
comments has been provided. In response to the questions
raised about narrow roads and fire access, this was an issue
in the first plat, however, it does not bind Council in
consideration of this plat. But, the Fire Department did give
in their clearance comments the fact that the roads are to
narrow and would necessitate care and signage to prevent
parking along those roads. And, the owner had to take both an
active and passive effort to remove illegal vehicles along the
narrow roads. On that basis, they did not recommend denial.
Mr. Johnson again raised the garbage collection question. Mr.
Pratt stated his recommendation is to wait until the final PUD
to see that it is addressed. The PUD Ordinance requires a
final PUD to show how garbage collection areas will be
screened. Mr. Johnson questioned if those would be conditions
Council could place on the proposal at this times? Mr. Pratt
explained a final PUD is an administrative approval subject to
appeal and the final plat approval is a City Council approval.
Ultimately, the City Council will see the whole project and
the burden of the plat is to reflect the discussion held
during this hearing.
Mr. Colvin asked if the Planning Commission addressed the same
concerns that Mr. Johnson raised?
Kathleen McCluskey, City Clerk, read into the record a letter
received from Lucille C. Powell, 1311 Marlow A - 9, expressing
her opposition to this proposal. In her opinion, Bremerton
Gardensis an eyesore, Wheaton Way is already overloaded with
traffic, and since Bremerton is in an unstable employment
situation at the current time it would not be appropriate to
provide high density living where it is always crowded.
Mr. Dawkins pointed out a lot of cars come down Wheaton Way,
traveling south, and turn in front of on coming traffic to
proceed onto 18th Street. He would like the Engineering
Department to look into this situation to see if anything can
be done to lessen the danger. Mr. Walbel stated one of the
problems with making such a turn is having to almost come into
the traffic lane to make it.
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June 2, 1993
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Mr. Overson stated he was not overly concerned over the bus
stop issue because there is another transit stop to the north
of the complex near Eastpark. Mr. Pollock stated when the
transit issue was discussed previously, the present site
seemed the best location. Mr. Johnson stated four years ago
the ADA rules were not in place.
#2962
M/S/C/U(Horton/Waibel) to approve the Planning Commissions's
recommendation of Preliminary Plat with the existing
conditions they placed on it and the additional conditions
that the transit element, the Fire- red lined curbs and no
parking signs are clearly delineated and the Brem - air issue is
resolved on the final plat.
#3030
M/S/CU(Horton/Overson) that Kitsap Transit be included on the
comment survey from here on whenever Council gets a land use
item as a requirement placed on staff.
With no further business meeting adjourned at 8:38 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
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