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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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