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HomeMy WebLinkAbout01/29/92 TAPE #988 UNAPPROVED ~ 3%FT ~~ CITY COUNCIL MEETING MINUTES JANUARY 29, 1992 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, January 29, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Eileen Fitz, C. R. "Tiny"COllins, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilman Hank Waibel was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend Larry Mead of the Neighborhood christian Center. CONSENT AGENDA A. Minutes Of Meeting - January 15, 1992, #AB92-020 B. Surplus Of City Vehicles, #AB92-021 C. Shared Contract with Puget Power For Undergrounding Utility Services In Alley South Of 4TH Street, #AB92-022 #0040 M/S/C/U(Colvin/Dawkins) to approve 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. #0057 M/S/C/U(Colvin/Fitz) on January 29, 1992, the Council does approve for payment those vouchers included and further described as follows: 143251 through 143256 and 143436 through 143613 in the total amount of $243,974.42; and Retirees Payroll for the period ending January 31, 1992, in the total amount of $55,886.98. COUNCIL MEMBER REPORTS Mr. Overson noted there is a lot of activity in the City with pilings being driven on the overwater park project and undergrounding cable by Puget Power in the downtown area. He TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 2 of 16 announced on Thursday, January 30 a number of city streets will be blocked off for repairs of damage done to the sewers due to excess water; and Highland Avenue will be blocked totally for such repairs. Mr. Estes related during a recent water line break at his residence he had a number of people stop by and comment on a number of issues. One of those comments was whether there was a way to work up an insurance program, possibly amounting to 30-50 cents per water bill, that would cover the Utility or a private contractor repairing water line breaks for senior citizens or anyone who did not have time to personally make those repairs. Also, in reference to the Baseball World Series, he would be much happier if the states of Oregon and Washington were included. Mr. Colvin stated he would like to see the City Council initiate a Resolution in support of the Mariners being purchased by the Japanese, similar to the one enacted by the Seattle City Council. He would also like to encourage the County Commissioners to pass such a Resolution. He strongly supported efforts being made to retain the Seattle Mariners in this area. On Saturday, January 25, he had the pleasure of hearing Attorney General Ken Eikenberry's presentation at the Puget Rental Owners Association meeting. During this meeting he met Mr. Eikenberry's wife, Beverly, who shared that for the past 15 years she had received corneas through the Lions Club organization. She has offered to participate on the Lions Club Radiothon by giving her personal testimony of the value of this program. Mr. Dawkins stated he felt sorry for residents along Snyder Avenue, who are putting up with a major water line project. Mrs. Horton reported this past week she spent time in California, where they were experiencing about 85 degree temperatures. She emphasized if there is any reason for this area to get a handle on growth management it is to make sure that this area does not become another Los Angeles. She found traveling in the Los Angeles area an unending stream of freeway traffic. She found it very disheartening to see so much graffiti and hoped whatever has to be done to prevent this area from becoming a "Los Angeles", is worth every ounce of effort from all of us to do. PUBLIC RECOGNITION Mayor Louis Mentor read a Proclamation in recognition of Blacks In Government and proclaimed February 1 through 29, 1992, as AFRICAN AMERICAN HISTORY AND COMMUNITY UNITY MONTH. TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 3 of 16 Mayor Mentor announced the Unity Banquet will be held on February 15, 1992, 7:00 P.M., and if anyone wishes additional information on this event they may call his office - 478-5266. Rewerend Danny Allan, representing Blacks In Government, accepted the Proclamation. Mayor Louis Mentor read a Proclamation recognizing the roles of minority women in the military and proclaimed the month of February, 1992, as BLACK WOMEN VETERANS AND SERVICEWOMEN'S MONTH. Bob Bauter, Retired Sgt. Major and a field representative for Women In Military Services, accepted the Proclamation and will forward it on to the Women's Memorial in Washington D.C. Mayor Mentor reported he attended a joint Bremerton/Silverdale Chambers of Commerce luncheon this date where Mike Phillips, Editor of The Sun, spoke on open space preservation. Mayor Mentor shared a complimentary letter from a resident, Ken Bates on Lakehurst Drive, relating to road work recently done in their area. He found all the workers pleasant, hard working and concerned with residents accessing their homes during the project. He also received a letter from the United States Department Of Interior informing the City that the USS Hornet has been designated as a National Historic Landmark. Bob Sauter, member of VFW Post 3694, announced the establishment of a Scholarship Endowment Fund in the names of Dustin Lamoureaux, Dean Mobley, Michael Linderman and Lee Belas, who all lost their lives in the Desert Storm war conflict. He reminded us that the United States still has 11,000 troops, including Bremerton Naval Hospital personnel, in the Persian Gulf and asked that we not forget them and to support these troops with letters as was done for the troops during the earlier conflict. He reminded everyone of the School Bond Levy Election Day on Tuesday, February 4, 1992. Earl Bert, 6410 Lake Drive, Chairman of the Pre-release Facility Citizen Advisory Committee, announced the State Department Of Corrections will initiate the Environmental Impact Statement (EIS) on Wednesday, February 12, 1992, 6:00 PM, at the Westhills Elementary School, 520 National Avenue, Bremerton. This meeting is open to the public and public input is requested, president Horton reported Council's Legislative Assistant will look into the possibility of the remote Cable Access crew taping that proceeding. She noted it will be held on the same night and during the same time as the City Council meeting. Mr. Johnson expressed concern that this meeting had not been scheduled in a facility within the TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 4 of 16 City rather than outside the City. Mr. Bert explained the facilities at the elementary school has a large area to hold such a meeting and is within a mile of the proposed site. Mr, Estes explained this same facility was used when a public meeting was held on the Gorst/Bremerton connector issue. Mr. Bert explained there had been some discussion about having this meeting in the Council Chambers and televising it, however, it was felt that the space available would not be adequate. He emphasized this meeting is open to the public and everyone is welcome. Mr. Johnson extended a "thank you" to Mr. Bert for his serving on the Pre-release Facility Advisory Committee. Richard Chrisinqer, Post Commander VFW Post 3694, requested everyone's help in making the Scholarship Endowment Fund a living memorial to the young men who gave their lives for their country. He expressed some concern about continuing the "newspaper" collection box service due to public dumping garbage in it. Gra¥1e Johnson, Owner of Bremerton Ambulance Company, expressed concern over several violations that are occurring with local ambulance operations. Currently, Peninsula Ambulance is operating in the City of Bremerton in violation of City Ordinance Section 5.50.060. They are in violation because they are currently operating ambulances in the City but do not have their rates approved by the City Council. They are also in violation of Section 5.50.100 because they are operating in the City with less than the required three ambulances, which also constitutes a violation of Section 5.50.030, which brings her to the point that the license issued was illegal. Therefore, until these violations are corrected, Peninsula Ambulance should be prohibited from operating in the City. She questioned if the City Council was aware of this situation, and if so, why were these violations allowed? She had made repeated attempts to inform the Council to advise them of the situation privately, however, those attempts were unsuccessful, which brought her to the decision to bring this issue before a public forum. She has filed for a rate adjustment, which would make their rates comparable, however, the City will not even address them, meanwhile Peninsula Ambulance operates and is allowed to charge a higher rate without Council approval. She questioned if it was Council's intent to treat local businesses like this in the future? Regardless of the intent of any new proposed ordinance, she was personally and professionally affronted considering the fact that she has been required to abide by every letter of the ordinance, president Horton stated she had tried to contact Ms. Johnson but was unsuccessful. TAPE ~988 City Council Reg. Mtg. Minutes January 29, 1992 Page 5 of 16 Kathleen McCluske¥, City Clerk, stated she is aware of the situation and will follow up on this issue. Mr. Colvin stated he was unfamiliar with this issue and needed to be briefed. President Horton stated possibly a report can be provided to Council by Monday, February 3. Willi-m Andress, 1214 8th Street, stated he was motivated to speak before Council after finding a bullet hole in his vehicle. He stated his appreciation of the time and effort given by the members of the Council. He and a number of other city residents have discussed the idea of increasing property taxes in order to support a larger Police force. He noted the city's Police force had grown by less than 10 officers since the late 1960's, however the City's population and crime rate have increased since that period. President Horton stated a Study Session on law enforcement issues will be scheduled in February in order to formulate a law enforcement policy for the City. Britne¥ Andress, 1214 8th Street, stated she and her husband have been living in Bremerton for four years and purchased their own home in the downtown area this past year. They want to stay in this location, however, they are very concerned about the "crime" problems. She stated every encounter with Police personnel had been excellent and they want to see conditions improve so they can stay in Bremerton. Don Larson, 135 Rainier Avenue, reported there will be a planning meeting Thursday, 7:00 P.M., Reid Realty 3330 Kitsap Way, sponsored by the Department Of Ecology Citizen Advisory Committee meeting. This is a pubic meeting and the purpose will be to plan for a spring time clean-up event for Sinclair Inlet. He contacted Virgil Fleming, Administrative Assistant of the Navy Peace Program at Puget Sound Naval Shipyard about coordinating volunteer help from Bremerton and South Kitsap schools for this event. On Thursday, January 30, there will be a meeting, in Olympia, concerning an artificial reef program for Washington State. This meeting will involve the Department Of Natural Resources, Department Of Ecology, Recreational Divers, State Parks, along with a number of State Senators. He restated his efforts to pursue an underwater park in Bremerton. Glenn Jarstad, 2823 Hefner Avenue, stated he felt it would be sad if a farewell was said to Roosevelt Field. He emphasized the historical nature of this field and his personal involvement in activities played on the field. He extended a "thank you" to all of the ball players and people of Bremerton, who by their vote of confidence and money, were TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 6 of 16 able to get this City Council to obtain an additional $400,000 for Roosevelt Field. He questioned why did the City Council make all arrangements for the settlement for Roosevelt Field outside of the courts? 6A - SETTLEMENT AGREEMENT ON COMPENSATION IN ROOSEVELT FIELD CONDEMNATION, ~AB92-010 The settlement is essentially the same as that approved as an offer of settlement by the City Council in April of 1991, with the following exceptions: (1) Recitals that the exchange was a settlement in lieu of condemnation have been replaced with the recital that the exchange is now in settlement of compensation to be paid pursuant to Court Order authorizing condemnation, issued November 26, 1991; (2) Paragraph 5 of the Exchange Agreement has been renegotiated to provide reciprocal indemnity by the College and the City on the two sites exchanged for any costs of hazardous waste abatement which might arise in the future; and (3) Escrow instructions have been modified to make Olympic College rather than the Bremer Trust the immediate transferor of the Bremerton Lumber site. Ian Sievers, City Attorney, stated he passed out to Council an amended motion to accept the settlement agreement, which contains some additional language to take care of some contingencies before closing that had arisen. He requested that a change be made to Item #4 of the amended motion so that it would read: "Deed for Roosevelt Field shall reflect a surveyed eastern boundary which corresponds to the outside of the sidewalk along the western margin of Warren Avenue". The first contingency that needs clarifying is to pass along an obligation that the Trust made to the Port Of Bremerton to allow access across the lumber site to access the marina. The second contingency is to re-emphasize this is settlement of all issues in the pending lawsuit. The third contingency reflects some additions to the preliminary title report, which he did not have a chance to review yet. And, the fourth contingency is to reflect some recent information that the Warren Avenue boundaries of the Roosevelt Field site actually used an old platted Warren Avenue, which predated the revisions to Warren Avenue that included a ramp at the exit of the bridge. Therefore, the Engineers say that the outside of the sidewalk should be included in the right-of-way. Mariwyn Tinsle¥, Chairman of the Parks and Recreation Commission, stated over the past three years the Parks Commission has provided recommendations and input in regard to the Roosevelt Field issue. At this time, they recognize that we are looking at an exchange, but with that they wanted Council's attention drawn to several issues: (1) we are losing TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 7 of 16 7.2 acres of property in the downtown core of Bremerton with no immediate plan of replacement. The Parks Commission has come to Council with the infoL,lation that the amount of the exchange will not adequately replace current playing fields. We have at this time also drawn attention to the fact that the Pendergast Sports Complex cannot be viewed as an adequate exchange for Roosevelt Field. The Parks Commission requests Council to consider the two ideas they brought previously. We must continue to look for ways of replacing these fields in the downtown core area. Two possible ways of doing this are looking at the Brem-Air/ Loftus property, the expansion of Evergreen Park or the American Legion Field in conjunction with Bremerton School District. Both of those properties offer some help and support in that particular area. She believes City Council recognizes, with the Parks Protection Ordinance, the strong feelings the citizens of Bremerton have for their parks. Please do not leave us, at this time, with the loss of Roosevelt field, without a commitment to the replacement of those fields in the core of the city. The Parks Commission is dedicated to youth play in the downtown core area. Please give the Commission some assurance that Council will work hard to accomplish this for the citizens of Bremerton. Glenn Jarstad, 2823 Hefner Avenue, stated in something this complex one thing he felt was wrong was excluding public input during the debate on issues. He would like to see Council change their procedure allowing someone from the public to comment during the discussion period of an issue. He expressed concern that the agreement between the City of Bremerton and the Sons Of Norway Lodge relating to parking on the Roosevelt Field property was not protected through this agreement; and any time Olympic College wants that property for educational purposes that agreement would be null and void. Ian 8ievers, City Attorney, stated the Deed is subject to encumbrances of record. The City did file a corrected Deed Of Easement in favor of the Sons Of Norway reflecting their parking easement on Roosevelt Field, which is of record. He talked with the College's attorneys this date to make sure they were aware that needed to be protected. There is also an agreement with Olympic College which settled them as a party in the Condemnation suit, saying that they would take that Deed subject to that reservation. Mr. Jarst&d emphasized the proposed agreement states that agreement would be null and void if needed for educational purposes. Mr. 8ievers stated apparently that was agreed to by the Sons of Norway. Mr. Jarsta~ stated when he talked with the Lodge Board recently they did not have any knowledge of it and he will continue to look into the matter. He questioned what the value of park TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 8 of 16 land is and by not going to a jury trial all of those who are interested in parks and open space will have no indication of the value of open space. He was not pleased with the recent information that the college planned to spend 1/2 million dollars to buy and equip Roosevelt Field when they would not consider taking action to buy up properties around the college to use in its place. Del Knauss, Olympic Avenue, stated he found it amazing that his local officials did not put in a big effort to lobby in Olympia to put a stop to the condemnation process, when Olympic College put unbearable pressure on the City Council and members of the Friends Of The Park. He believed this action could have been stopped had the City Council worked with the Friends Of The Park. Open space is too vital in the downtown core to lose it. There has not been any discussion on how the playing fields will be replaced. He noted a lot of the tension could be eased if they know replacement facilities will be provided for in the core area and that replacement should be tied to the funds of the waterfront property. Mr. Johnson stated in response to comments about Council's commitment for field replacement, that was why almost a year ago City Council established the Roosevelt Field Capital Asset Fund, which takes all of the net proceeds and dedicates them to expansion of parks facilities for perpetuity. This fund is set up to be coordinated with the City Council and Parks Commission. He did not want to commit that all funding will be used for ball fields in the central core of Bremerton, but rather commit it to types of facilities the citizens' want. He assured everyone that the commitment to the Park's program is in place. In regard to valuation of park land, he believed there were specific RCW's that spoke to such valuations. Mr. Sievers stated he did not believe there were any specific RCW's on valuation, and that issue is being sorted out through .case law. Mr. Johnson stated when issues end up in court the case law or something like that basically says it is too hard and so valuable that a precise dollar amount can't be placed on it...it leaves you in the position "what is the least you could accept or get two parties to agree to". Mr. Colvin stated he agreed with Ms. Tinsley in that the Sport Complex was not taking the place of Roosevelt Field. He believe that some time or another these words needed to be translated into action and consider a field in a local central area. Now was the time to move forward and mend fences with citizens who opposed the sale of Roosevelt Field. One concern he had with the proposed agreement was under Item 5.4 Indemnity For Hazardous Waste. He requested the City Attorney TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 9 of 16 explain just what that section means. Mr. Sievers stated since there are two parcels being exchanged for consideration in the settlement agreement, the indemnity on hazardous waste clean up affects both parcels and both parties. The party that is conveying the parcel is responsible if in the future a clean up is required by some outside State agency. There is also a clause that allows the responsible party to negotiate and conduct a clean up so that it can be done most cost effectively. As a result of that, the City will be responsible if at any time in the future a hazardous waste clean up is required for Roosevelt Field, likewise Olympic College will be responsible if such a clean up is required for the Bremerton Lumber site. Mr. Colvin stated he objected to this point in the agreement. President Horton stated according to Federal and State law, even if the City had agreed to take care of our reciprocal problems, specifically cite the maker of the problem is the entity responsible for cleaning it up. At least this way there is no immediate need to do core sampling on Roosevelt Field and it may be that it will be kept in "parking" for perpetuity and nothing disturbed on that site. Mr. Colvin emphasized Olympic College condemned Roosevelt Field and felt they should accept whatever was there. Mr. Sievers stated this clause, as written, is the standard approach to sales since enactment of Federal and State toxic laws. In fact, this clause is similar to the one included in the property exchange agreement with Pope Resources within the last 2-3 months. The City was required by Pope Resources to indemnify them if in fact there were deposits of hazardous waste on the City's watershed property that was made surplus to them and vice versa the property the City received from Pope indemnified the City. This is the standard and typical way it is handled now because the party that is giving the property has the most knowledge of what is there; and the new property owner does not want to assume those legal responsibilities that are incurred under the Act. It is an indices of value and that is why it was settled as part of value even though it did start as a condemnation. Mr. Es%es stated in response to Mr. Knauss's concerns, as soon as the Street Department moves its facilities from near Evergreen Park to the Public Works Complex, that area will then become part of Evergreen Park and hopefully this Council will have the wisdom in the future to never sell the Bremerton Lumber site and to utilize it as parking until an opportunity opens for leasing that land. Mr. Overson stated one of the primary concerns voiced has been "values of property". He believes this City worked very hard, both City administration and the City Council, to try to do TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 10 of 16 what is best by the City through this event. He truly believes, along with an overwhelming preponderance of evidence, this method of handling Roosevelt Field is the very best the City can do given the conditions. This City has a very bad history so far as opposing things like progress and change,i.e., like the downtown. He reminded everyone that the city might get a much better collegiate situation, which would enhance employment opportunities, etc. President Horton stated whatever is decided, assuming this agreement is approved, will need to go on the Parks Capital Improvement Plan and she has given that responsibility to the Park's Commission. This responsibility would entail having public meetings to find out what the citizens of Bremerton would like as a replacement for Roosevelt Field. The ultimate decision may not look like "Roosevelt Field", however, that does not mean that such a replacement could not be even better than what we have at present. This will not happen overnight and will take a great amount of effort and a strong commitment from Council to see that Roosevelt Field is replaced. She personally pledged to do everything possible to see that is accomplished. Mr. Johnson stated in response to comments made about working with State Legislators, over the past three years Council has requested State Legislators to change the language in the Revised Code Of Washington to require State agencies to reach concurrence with junior jurisdictions or local government prior to condemning or doing any property changes. Also, that the State would follow local Zoning Codes, Comprehensive Plans, etc. So far there has not been any action in that direction. Just because Bremerton has not been successful in getting significant changes to current laws does not mean that we should stop trying. Mr. Collins read the following statement into the record clarifying Council's commitment on this issue: "The Roosevelt Field Capital Assessment Fund shall be administered by the City Treasurer and the Mayor. All monies received by the fund together with investment earning thereon may be expended only by authorization of the City Council. The City Council will consult with the Parks and Recreation Commission before commitment of these funds. Expenditures shall be limited to Park's capital assets which address community parks/recreation and open space needs. Community recreation open space needs served by Roosevelt Field shall have first priority in funds expenditure". Mr. Overson pointed out contributions made by the Parks TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 11 of 16 Commission and Friends of the Parks during this lengthy process. Mr. Colvin also commended the Parks Commission for their efforts on this issue. In light of the fact that the money derived from the rental of the land received in exchange for Roosevelt Field will specifically be used for the Parks Department to purchase replacement field, he will support this proposal as presented. %1841 M/S/C/U(Collins/Overson) to approve Settlement Agreement in State Of Washinqton, et. al. v. City of Bremerton, et. al., Kitsap County Superior Court Cause %91-2-01664-1, subject to additional closing instructions: 1. The City shall negotiate reasonable access to marina adjacent to Bremerton Lumber Site for the benefit of the Port of Bremerton; 2. The agreement is accepted by the Kitsap Superior Curt as complete settlement of the above lawsuit; 3. Any encumbrances in addition to those of the preliminary title report shall be subject to City approval; and 4. Deed for Roosevelt Field shall reflect a surveyed eastern boundary, which corresponds to the outside of the sidewalk along the western margin of Warren Avenue. 7A - ORDINANCE (FIRST READING) AMENDING THE 1992 BUDGET AND AMENDING ORDINANCE ~4351, DELETING THE DIRECTOR OF MUNICIPAT, COURT AND ADDS A COURT SERVICES MANAGER POSITION AND CORRECTS ORGANIZATION CHART~ AB92-023 The attached ordinance deletes the Director of Municipal Court position, and adds a Court Services Manager position and corrects the organization chart. Kathleen McCluske¥, City Clerk, stated prior to the Council meeting she had handed out a recommended change in the organization chart to better reflect the reporting direction of the Municipal Judge and will be so indicated by second reading of the Ordinance. Public comment - none. Mr. Johnson requested clarification of administrative reporting on the organization chart. ~11ins suggested a minor modification to the two organizational exhibits provided: (1) Exhibit B - remove the dotted line that comes off the right side of Director Of Administrative Services and TAPE #988 city Council Reg. Mtg. Minutes January 29, 1992 Page 12 of 16 insert a dotted line that comes from the bottom of Director Of Administrative Services to the top of Municipal Court Services. This change would show Municipal Court Services is subordinate to but not in the direct line of command. (2) Exhibit C - remove the dotted line that comes from bottom of Director Of Administrative Services and insert a new line out of the bottom of Director Administrative Services and over to the top of the Court Services Manager. This would show a subordinate role for the Court Services Manager, but the Court Services Manager is in direct chain of Municipal Court Judge. Mr. Johnson noted he thought the "dotted line" would be to the Judge. He felt both the Mayor and Municipal Judge should have significant influence on the operation of the Court. Mayor Mentor explained the Municipal Court Judge desires to be in the Court Room and not have to worry about the daily functioning of the Court administration. Through the Judge's direction, the Mayor was asked to work out a way to get that responsibility under someone else, but he would still be responsible for the Court and would give direction through the Director Of Administrative Services. Kathleen MoCluskey, City Clerk, explained the job description for the Court Services Manager does also clearly state the reporting responsibility. Mr. Colvin questioned if the proposed system was patterned after that used in the City of Olympia? Mayor Mentor stated yes, he and the Municipal Court Judge reviewed Olympia's system, talked with their Municipal Judge, Court Services Manager and Director of Administrative Services and were impressed with how well it worked for that City. Mr. Colvin stated he received documentation that the system in Olympia has not been challenged by the Courts and that there was a question of legality with their system. He questioned if the City Attorney was aware of this situation? Mr. Sievers stated he could not dispute Mr. Colvin's comment. Mr. Colvin stated he was in favor of anything that would improve the system, however, he did not want to risk another lawsuit for the City. Mayor Mentor stated there was no question that the City is complying with Washington State laws and no one wants to get involved with more lawsuits. President Horton pointed out State Law stipulates that the Court personnel will serve at the pleasure of the Municipal Court Judge and the Judge's pleasure is to place that function under the Director Of Administrative Services. Mayor Mentor emphasized the Judge does have final authority over any decision or thing that is done in that department, i.e. it is administered by the Judge through the Director Of Administrative Services. Mr. Overson stated he had two concerns: (1) have all the functions been taken care of through the appropriate TAPE #988 City Council Reg. Mtg. Minutes January 29, 1992 Page 13 of 16 documentation; (2) should there be a correction made to the "Staffing Authorization" (page 46 of Agenda packet) showing the inclusion of a Director Of Municipal Court for the years 1990, 1991 but deleted in 1992; and showing that Court Services Manager position was "0" in the years 1990 and 1991, but funded in 1992. Mr. Johnson questioned if there should be a page for Administrative Services? Ms. McCluskey noted Mr. Overson's %2 concern, as stated above, will be corrected. The Staffing Authorization sheet shows just those positions that are funded in the Municipal Court budget unit (001/17). Because Administrative Services is funded in another budget unit, it would not be reflect in this same table. This particular statement is a financial statement not an organizational statement. Mr. Estes stated his personal feeling is that we should keep the Court separate from the Administrative and Legislative portion of this government, therefore he could not support this proposal as presented. #3102 M/S/C(Overson/Johnson) to approve Ordinance, on first reading, with the changes identified to the organization by the later submittal and by Mr. Collins' changes as well as changes to Amendment D to the Budget. Vote on Motion: In Favor: Collins, Dawkins, Johnson, Overson, Fitz, Horton Opposed: Colvin, Estes Motion carried. ?B - ORDINANCE #4356 (SECOND READING} AMENDING ORDINANCE NO. 4231 ADDING THE POSITION OF PAYROLL 8PECIALIST~ ~AB92-017 Public comment - none. #3167 M/S/C/U(Johnson/Collins) to pass Ordinance #4356, on second reading, providing salary adjustment and other benefits of the position of Payroll Specialist, and amending Ordinance #4231. TAPE #989 7C - ORDINANCE ~4357 (SECOND READING) ~RNDING THE 1992 BUDGET~ AMENDING ORDINANCE NO. 4351 AND REPEALING ORDINANCE ~4298, ~AB92-018 Public comment - none. President Horton stated the issue of a Managers' Compensation Plan was discussed during the previous discussion on this issue. Mayor Mentor has responded, this date, to expect presentation of such a plan around April 1, therefore, she will support this ordinance at this time. She stressed that if Council does not have the Managers' Compensation Plan by Ordinance by the end of the year, she will not vote for this TAPE #989 city Council Reg. Mtg. Minutes January 29, 1992 Page 14 of 16 kind of ordinance next year. #0010 M/S/C/U(Colvin/Dawkins) to pass Ordinance #4357, on second reading, amending the 1992 budget making certain organizational changes, and making changes in the compensation levels for non-uniformed employees, fire department chief officers, confidential employees, management and professional employees and the Mayor; and amending Ordinances #4298 and #4351. 8A - PUBLIC HEARING AND (FIRST READING) OF ORDIN]tNCE FOR THE PROPOSED VACATION OF THE MARINE DRIVE OFF-RAMPt ~AB92-024 On October 31, 1991, the City of Bremerton received a petition for the vacation of the Marine Drive Off-Ramp. The proposed vacation area is 9,432 square feet of the Kitsap Way and Marine Drive intersection. The proposed vacation is requested in order to facilitate a trade of real estate which is essential in redesigning the intersection for improved public safety. The City Planning Commission held a hearing and has recommended the Council approve this request. The City ordinances require the legislative body to determine if there is a public need to retain the right-of-way vacation and protection of utility easements. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Terrie Hartson, Municipal Services Coordinator, provided a view graph showing the location - on the north side of Kitsap Way converging with Marine Drive leading to the Rocky Point Peninsula. The site of the proposed vacation consists of the lane leading off of Kitsap Way's west bound lanes to Marine Drive. The three major issues for Council's consideration are as follows: (1) if the roadway is needed to accommodate Bremerton's traffic needs; (2) if by vacating this real estate the public's best interest will be served; (3) if we are adequately providing for the protection of utility easements. It is the recommendation of City staff and the Planning Commission that all of the required criteria are completely satisfied by this proposal and request the approval of this application. Criteria items (1) and (2) are both being met because while the subject property is being vacated, the City is given the opportunity to redesign the intersection, which will provide for the public's needs and better accommodate traffic. In reference to protection of utility easements, no TAPE #989 City Council Reg. Mtg. Minutes January 29, 1992 Page 15 of 16 Utility Agreement easements exist on the subject site, however, the water and power currently existing in that area will be moved. Funding to move the water main is in the 1992 budget. In conclusion, this public hearing was set by Resolution and properly advertised with legal notices in The Sun on January 9, information posted near the site and notices sent to all residents adjacent to the proposed vacation site within 250 feet. Also, the Planning Commission held a public hearing on December 12, 1991. Public comment - none. Mayor Mentor briefly reviewed the subject intersection noting that it is one of the most dangerous intersections in the City. With the exchange of property and vacation of the off- ramp, the City will be able to greatly improve and provide a much safer intersection. Mr. D&wkins questioned the length of time needed for the construction of a new intersection? Hs. H&rtson stated by performing the street vacation early in 1992 the City will be able to complete the land trade, file pertinent documents with the Federal Highway Administration and start construction in May, completed no later than November. However, the agreement allows for project completion up to June of 1993. Mr. Dawkins questioned if funding was set aside for the construction project? Ms. Hartson stated yes. Mrs. Fitz stated she lives on Marine Drive and agrees that it is a very dangerous intersection. She strongly recommends Council's approval of this proposal. Mr. Estes questioned the accident history of this .intersection? Mayor Mentor stated he did not have actual figures available at this time. However, he also lives out on Marine Drive and has witnessed many near misses. Ms. Hartson explained problems that do exist are impeding traffic on the east/west lanes of Kitsap Way when people are in the turn lane to Marine Drive. The new designed intersection will eliminate the stop sign, which impedes traffic, and will provide better lighting that will shine down on the intersection. Also, there will be sidewalks for pedestrian travel. Mayor Mentor pointed out the possibility of the current landowner to the east of the intersection, who owns the triangular piece of property, rebuilding some type of building on the site if the street is not vacated. TAPE #989 City Council Reg. Mtg. Minutes January 29, 1992 Page 16 of 16 Presi4ent Horton requested Mayor Mentor provide some additional information relating to accidents at the subject intersection as part of the discussion during second reading of the Ordinance. Mr. Johnson stated it has always been the practice to look at utility easements, however, Mr. Duffy did not sign off on the Agenda Bill, which he found unusual. And, during the presentation it was pointed out an eight inch water main would be located across the vacated site without an existing easement. He questioned shouldn't the City be making an easement for the utility at this time? Ms. Hartson explained easements would be granted as part of the "trade agreement". I&n Sievers, City Attorney, explained the reasons easements are not addressed as a consideration in this vacation is because there is an Annexation Agreement, which already addresses moving utilities as part of the complex plan of the annexation, which was entered into with Mr. Duffy's approval. Mr. Johnson expressed concern that wherever Mr. Duffy will locate his new water line should have an easement. Sievers stated it would be included in any right-of-way and an easement does not have to be created on the new portion of right-of-way. Presi4ent Horton questioned if the water line was already in the existing right-of-way? Mr. Sievers explained there is a short part of the water line that extends up the current ramp and that will be moved and extended within the new right-of-way. President Horton requested confirmation of Mr. Duffy's concurrence on this issue prior to second reading of the ordinance. #0365 M/S/C/U(Overson/Estes) to approve Ordinance, on first reading, vacating a portion of Marine Drive at the intersection of Marine Drive and Kitsap Way. With no further business meeting adjourned at 7:32 p.m. KATHLEEN McCLUSKEY, Deputy ~ity Clerk L~NN HORTON, Council President City of Bremerton KLM/LH/me cc: Nozmal Distribution File/Vault