HomeMy WebLinkAbout11/24/92TAPE #1073
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTE8
NOVEMBER 24, 1992
#0020
#0034
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, Tuesday, November 24,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present were Richard Neville,
Eileen Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin
and Russ Johnson. Councilmen Lon Overson and Hank Waibel were
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 the Naval
Submarine Base at Bangor Chaplain Robert Burt.
President Hotton announced Council would adjourn to an
Executive Session immediately following the City Council
meeting. The topic to be discussed at that meeting is
"litigation".
CONSENT AGENDA
A. Minutes of Meeting - November 4, 1992
#AB92-290
B. Minutes of Meeting - November 9, 1992
#AB92-291
M/S/C/U (Fitz/Colvin) 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.
M/S/C/U(Colvin/Dawkins) on November 24, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 160076, 160089, 160104 through 160383 in
the total amount of $554,011.99; and Regular Payroll for the
period ending November 15, 1992, in the amount of $524,419.27.
COUNCIL MEMBER REPORTS
Mr. Colvin wished everyone a "Happy Thanksgiving".
Mr. Dawkins stated he hoped everyone would be able to spend
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the holiday with their families and loved ones.
President Hotton reported blue recycling boxes are being
delivered to City residents in preparation for the recycling
program to begin in a couple of weeks. She also wished
everyone a "Happy Thanksgiving" and cautioned everyone to
please drive safely.
PUBLIC RECOGNITION
Mayor Louis Mentor stated in response to the recent concerns
expressed over construction at the Middle School on Dewey
Avenue, he did talk with the Building Official and received an
update on what had happened. The School District also
scheduled a meeting with the surrounding neighbors and the
local newspaper ran an article on this same issue. He
believed most everything has been answered except for one
thing. On Saturday, November 21 he received a call asking him
to visit the site, which he did. The citizens he met that
morning were concerned that the retention pond was not
adequate to hold the runoff from the site when it rained. He
did contact the School District and someone was to get back to
him at a later time. It appears that one problem with the
retention pond may be the fact that the'whole hillside is
covered with plastic, so there is no soaking in of moisture
when it rains. Also, during the early states of construction
there may be some silt in the retention pond and may need to
be cleaned out.
Mayor Mentor hoped people were noticing the new garbage cans
being placed around town. Approximately 50 new cans are
replacing 22 old cans in the downtown area and some of the
older type cans will be moved to other places, such as bus
stops, etc.
On Thursday, Mayor'Mentor participated in a tour with the
Kitsap Mental Health people viewing their facilities in
Bremerton and the surrounding area. He noted some older homes
close in have been renovated and opened up to house KMH
clients. On Saturday, November 21, he attended the NAACP
Freedom Luncheon. He also attended the Filipino/American's
Association of Kitsap County's Installation of Officers on
Saturday evening. He reminded everyone of Winter Wonderland
at the Kitsap Pavilion, a fund raising event for Harrison
Hospital, this next weekend.
6A - REAPPOINTMENT TO HOUSING AUTHORITY BOARD -- CARL
BUETTGENBACH, #AB92-292
The term of Housing Authority Commissioner Carl Buettgenbach
has expired. It is recommended he be reappointed to another
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five year term.
Mayor Mentor stated Mr. Buettgenbach has done a terrific job
for the City over the years he served on the Board and urged
Council to confirm his reappointment for another term.
Public comment - none.
#0276
M/S/C/U(Dawkins/Colvin) to confirm the appointment of Carl
Buettgenbach to the Housing Authority Board.
6B - ENTER INTO AGREEMENT FOR APPOINTMENT OF AGENT AND
AUTHORIZATION TO ENTER INTO MUTUAL AID AGREEMENT FOR
IMPLEMENTATION OF MUTUAL AID FIRE RESOURCE PLAN, #AB92-293
1. The Mutual Aid Agreement/Kitsap County, is implemented in
accordance with the State "Mobilization Act". There will
be no costs incurred when resources from outside the City
are required for major emergencies..
The Mutual Aid Fire Resource Plan allows the Department
of Emergency Services when either calling for outside
resources or we (Bremerton Fire) are responding to
outside agencies when called upon. Again, there is no
costs incurred should the City of Bremerton/Fire
Department be in need of services from outside agencies.
Mick McKinley, Deputy Chief, stated this agreement is being
signed by all Fire Districts and Fire Departments in the
County as well as state-wide. This agreement came about as a
result of fires that occurred in Spokane approximately two
years ago. What the State learned at that time was they were
unable to amass large amounts of equipment and manpower
quickly to control those fires, resulting in several million
dollars worth of losses. As a way to prevent something like
that happening in the future, the Legislature has promoted
this type of agreement both inside and outside of counties.
This is known as a Regional Plan and the Bremerton area is
known as Region 4 Zone 11.
Public comment - none.
#0363
M/S/C/U(Fitz/Collins) to pass both agreements as presented.
6C - AMENDMENT NO. 2, PROFESSIONAL SERVICES AGREEMENT WITH
PARAMETRIX, INC. (BREMERTON-GORST CONNECTOR PROJECT), #AB92-
294
This includes the requested expansion in scope to look at the
existing highway and a corridor study proposed and paid by
Kitsap County and W.S.D.O.T. to evaluate if an additional
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north-south route exists to carry future traffic 1) to the
west of; 2) to the east of; or 3) through Gorst.
Dan Eisses, Assistant City Engineer, stated the project is in
the state of Environmental Impact Statement and will be coming
to the public for comments. There is a Charleston
Neighborhood meeting scheduled for November 30 and a public
scoping meeting for December 9. This amendment does two
things to the project: (1) expands the corridor to include SR-
16 through Gorst, SR-3 and SR-304 to be included in the study
area. The final design report for that section of highway is
not included in Parametrix's contract because the State wants
to develop it either in-house and/or paying for that cost; (2)
includes $82,500 for a corridor analysis study of SR-16 and
SR-3, which was requested by the Steering Committee. This is
suppose to provide information for the Gorst question...west,
east, or through it.
In response to the question "will this proposal cost the City
more money" he did not have an easy answer. When he developed
the Arterial Street Fund budget he found that the City was
obligated for $210,000, which he included in that budget.
Looking through the paperwork in preparing this amendment, he
found documentation stating the City's share is $156,500. If
all goes well, he expects this project to cost the City
approximately $190,000. He did not know where the difference
between the two earlier numbers came from, however, he has
budgeted $210,000 in the Arterial Street Fund budget.
President Hotton stated at some point in time she wants to see
the City's share of cost for this project solidified. Mr.
Eisses stated he would provide that information at a later
date.
Mr. Colvin questioned if there was a monetary figure attached
to this proposal? Mr. Eisses pointed out the figure of
$2,230,066 in Amendment II Exhibit "B", which is the contract
without the addendum asked for by the County or the State's
figure of $82,500. President Hotton questioned why did the
original contract amount of $2,274,000 go down? Mr. Eisses
stated that amount was reduced due to the State picking up the
Design Report for that scope. The $2,230,066 does not include
the $82,500 figure. Therefore, the total contract with
Parametrix is higher than the original contract.
Mrs. Fits questioned the definition of the word "mitigation"
in the proposed amendment and would the City be responsible
for any mitigation within City boundaries? Jeff Peacock,
Parametrix, stated the mitigation is typically to identify
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mitigation with the release of the final Environmental Impact
Statement (EIS). Their schedule for releasing the draft EIS
is early April for public and agency comment. Depending on
the extent of comments received, they are required to respond
to them and it will have to be determined how far beyond the
45 day time period will be necessary to complete those
comments. The final EIS will identify the extent of
mitigation for any disruption to the community. President
Hotton stated could one assume, if the mitigation is so great,
that would bump it out into seeking new or alternate methods?
Mr. Peacock stated there is always a balancing act in
determining trying to appeal to the citizenry in terms of what
they want to see out of the project verses what the project
can actually afford. Mrs. Fits questioned the "Hazardous
Waste" section of the contract, could this be a huge problem?
Mr. Peacock stated it is a requirement under any EIS for a
transportation project to address the containment or control
of a hazardous material spill within that corridor. President
Hotton questioned if that meant actual materials needed for
construction of the road or would it relate more to what
things might be dug up? Mr. Peacock stated it references the
control of hazardous materials that might be spilled after the
project is completed. In regard to the other concern, they go
to great detail in trying to identify potential hazardous
waste sites that might be affected by this project and to gain
a handle on the extent of that contamination. As an example,
if the project disturbed an abandoned gas station where there
is an oil tank buried, that site would have to be cleaned up
as part of the route construction project. Mrs. Fitz
questioned if going along the bay where SR-3 heads north and
the other road heads into Bremerton will there be extensive
work done in that area? Mr. Peacock stated there are several
sites identified for having potential hazardous waste.
Further investigation is being made to provide more detail.
Depending on the alternative identified for the preferred
alternative, we may not become involved with the known or
suspected hazardous site locations.
Mr. Colvin questioned in the event there is hazardous waste
will the City be liable for mitigation or will it be a joint
liability ...City/County/State? Mr. Peacock stated at this
point the project would be responsible for any mitigation.
The project funding participants include the Department Of
Transportation, Washington State Transportation Improvement
Board, Kitsap County, City of Bremerton and very potentially
Kitsap Transit and possibly the Department Of Defense.
Dependent upon the nature of the materials and where they are
located would probably dictate a little more responsibility
for one party than another. In terms of monetary percentage
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of each agency participating, it would probably not change by
much.
Mr. Dawkins questioned if there was a length of time for
completion of the work proposed in the subject contract? Mr.
Peacock stated they hope to release the draft EIS in early
April, enabling them to qualify for the next round of TIB
funding. They need to complete the Design Report for the
preferred alternative by December so they can get on the
January 1994 window for that year's funding. The next step
would be right-of-way plans, right-of-way acquisition and the
final plans/specifications/estimates to the level of detail
that a contractor could bid on the project. Depending on the
extent of the right-of-way, hopefully friendly as opposed to
condemnation, that time frame could be as much as two years.
President Horton requested an update on the total budget for
this project at the time of the December Study Session on this
item as well as the participants' share of that budget. Mr.
Peacock questioned if Council would like to see the costs
broken out in each phase? He emphasized the cost of this
phase of the project is very clear. Dependent on the
preferred alternative identified, it is very difficult to
state what those costs might be. He could provide a range of
costs in those subsequent phases.
Mr. Novills questioned if the projected use of the corridor
was up to the year 2020. Mr. Peacock stated yes, however,
they were having a little difficulty coming to grips with
Puget Sound Regional Council providing some updated numbers.
Kitsap County is currently developing a transportation plan
and is using a different approach to determine population and
employment data in the year 2015 to 2020.
Mr. Johnson stated if this information is being based on the
County's data numbers, he felt they were a bit inflated and
suggested Mr. Peacock provide a "range". Mr. Peacock agreed
and stated he would prefer using Puget Sound Regional
Council's data, however, when the County can agree on urban
growth boundaries, population and employment allocations for
each zone, there's will be more accurate numbers. President
Horton stated the numbers arrived at by the Regional Planning
Council is a middle number between what has been given by the
State and Kitsap County's projection. For the City's planning
purposes, she felt those are the numbers that should be used.
Public comment - none.
#0941
M/S/C/U(Dawkins/Collins) to approve Amendment No.
Professional Services Agreement with Parametrix, Inc.
2 to
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6D - PROFESSIONAL SERVICE8 CONTRACT, R.W. BECK, #AB92-295
Approval of a professional services contract with R.W. Beck &
Associates is requested for management consulting services for
a) the development of a proposed organization for Utilities
and Engineering; and b) interim management of Utilities and
Engineering. The written proposal and costs will be presented
at the Council meeting.
Ian Sievers, City Attorney, suggested the following changes to
the draft of the contract that was handed out to Council just
prior to this meeting: (1) under Scope of Work, Task 1, the
amount of time dedicated at least three days to be changed to
"approximately" three days to allow a taper down towards the
end of the contract. (2) Under Compensation Section (3) for
Task 1, instead of $41,400 change to $43.060. During Council
pre-study session there was comment made on continued State
funding for City street projects and arterial projects with
State funds. Mayor Mentor has a meeting scheduled on
Thursday, November 25, with Mr. Holcomb of the Department Of
Transportation (DOT) to address this issue. Mr. Sievers
believed wording should be included in the motion approving
the contract only upon the receipt of a letter from DOT
confirming qualifications of the City to continue to receive
State funding with the proposed arrangement for supervision of
the engineering and public works projects. That letter should
be in hand, confirming the City's eligibility for that State
funding before the Mayor is authorized to sign the agreement.
Mr. Colvin questioned if the City would receive all of the
items listed in the draft contract at a cost of $55,0007 Mr.
Sievers stated, yes, that is the combined budget both interim
management and for the organization audit for the two
departments.
Glenn Jarstad, 2823 Hefner, expressed concern over the recent
firing of two Department managers and the fact the City is
looking to spend $55,000 and another $97,000 to provide
management supervision for those departments. He stated
before he makes any further remarks on this contract proposal,
he would like someone to explain how the City got to this
"state of affairs". Two years ago he made a recommendation to
the City Council for the need to establish a Utility
Commission. At that time, he was under the impression there
was agreement to his suggestion. He felt such a Commission
was needed and the City could look forward to call on the
expertise of any retired Utilities Directors. It upset him to
read in the local newspaper that someone in the City suggested
firing the Utility Director as a cost savings measure for the
City. He felt that was a terrible thing to do to a career
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employee. He requested an explanation to the general public
why such valued employees were let go.
Mayor Mentor stated he needed to take some direction, which is
being done, and he believed it was important to review all the
departments involved, their organizational structure,
necessary staff/managers throughout the whole system. He
emphasized the highly qualified expertise available to the
City through this contract. He agreed with Mr. Jarstad that
Bremerton has a wonderful Water System and had people before
us, who purchased property and developed the Utility, to thank
for that system.
President Hotton stated for the record it was never stated
people were terminated to save money in the Budget. Glenn
Jarstad stated he just related what he read in the newspaper.
If there is a crisis, then talk about that crisis. He was not
aware that there is a crisis...is it in the sewer plant or the
way the Utility is being run? He believed the City has a good
Utility. He feels the City had been burned by actions of past
elected Mayors and their efforts to bring in outside talent to
manage City departments. Possibly there isn't inside talent
to fill the needs, however, he preferred moving people up
within departments. He has not been out questioning around
trying to figure out what went wrong, if anything. His
loyalties are strictly to the City of Bremerton and its
utilities.. He supported the idea of doing a study if it was
truly needed, but did not support someone being fired to
provide funds in developing a budget. Mayor Mentor added no
one was laid off in order to free up money in the budget.
Since he has been in office, he hired a Fire Chief from within
the department and he hired the Parks Director from within
that department. There are some very qualified people within
the City and what he is after is the best person to fill those
positions.
Mr. Johnson expressed concern over the following issues: (1)
running a City department, yet we call the proposed position
an "Interim Manager to provide oversight including daily
operations and other contractors". He also pointed out there
is a section in the contract that states this person does not
have any authority, and Task #1 did not sit right with him.
He thought the intent was to basically bring in an expert
consultant that would be available to staff, helping them
through a rather difficult time. The proposed document also
states that the consultant would be monitoring contracts...he
questioned if that included mitigation, streets, public works
complex, Bremerton-Gorst Connector project, involvement with
litigation currently underway in a number of areas, GMA
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interface with Kitsap County and other boards, and interfacing
with Department of Ecology, and will this individual be the
one attending meetings on those kinds of issues? He stressed
there needs to be City employees identified to be present at
all such meetings to provide accountability for supervisory
functions, budget functions, personnel management functions,
and things that are outside the scope of the contract. Under
the Task discussing looking at the advisability of merging
both departments - he felt it needed to be stated if
accountability and auditability of maintaining the integrity
of Utility rate payer funds and General funds of the City,
however, it may take the City Treasurer a million dollars to
figure that out. Under small square #3 it talks about also
meeting requirements of stormwater...he felt solid waste,
streets, and street lights needed to be added. Under small
square #4, it talks about what kind of managers should we have
and he would like to add something that would state "within
the capability of the Bremertcn tax base and rate payers". He
felt a "no compete" clause for R.W. Beck for five years was
needed. He questioned why would the City have to pay the
consultant travel and meal expenses when the City would be
paying them $150.00 per hour? And, he questioned the $50.00
cost for staff support? On page 3, paragraph (a) it talks
about the City Council receiving reports and correspondence,
including drafts, he wanted to include the City Auditor. In
paragraph (f) where it talked about compliance with State,
local, and Federal laws, he would like to add "Bremerton City
Ordinances and regulations. He questioned the validity of the
signature on the last page of the contract as "Consultant
Inc."? Ian Sievers stated the signature on the contract will
be R.W. Beck.
Mrs. Fitz questioned if she was correct in her understanding
that the scope of work would be limited to the Engineering
Department and Utilities and not to the Parks Department?
President Hotton noted yes. Mr. Johnson pointed out Mr.
Baker, the past City Engineer, was over the Overwater Park
mitigation and probably heavily involved in the Public Works
Complex and Parametrix's planning. Those things get out of
engineering per say, but that is why he is questioning what
can the City expect from the consultant, and how much will it
cost the City? President Horton stated then Mr. Johnson and
Mrs. Fitz are requesting clarification so that Mr. Sampley
does not dabble in the area of parks.
Mr. Johnson questioned how long had Mr. Sampley been with R.W.
Beck? He noted from the resume documentation it appeared Mr.
Sampley had been with R.W. Beck for seven months. He
questioned if the references provided had been checked by the
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Administration? Mayor Mentor stated he was in the process of
checking the references. However, before the contract is
signed, he will wait for the explanation from the Department
of Transportation that such a contract would satisfy their
needs and to make sure the responses from the references are
not negative.
Mrs. Fits pointed out Mr. Jarstad raised question about the
$97,000 identified in this contract. She explained that
amount was an item in the Budget for a Public Works Director,
which is separate and apart from what is being requested under
this Agenda Item. Mr. Collins also pointed out the proposed
contract is not to exceed $55,000. President Hotton pointed
out Mr. Sampley and R.W. Beck will make recommendations to the
City as to what kind of structure should be carried out in the
Utilities and Engineering Departments, whether they should
have a Utilities Director or be consolidated, etc.
Mr. Collins questioned if Mr. Sievers had complete
understanding of what Mr. Johnson requested as changes? Mr.
Sievers stated yes, (1) he understands why Mr. Johnson has
some uncomfortableness with the terms "Manager" since it
sounded more like an employee than an independent contractor
and suggested the possibility of using "Departmental Advisor".
(2) In response to questions raised as to whether this person
will attend all the meetings. to interface on-going projects
and State Agencies, he understands from the Mayor's comments
that he would be that person directing, advising, and setting
tactics, for instances, in law suits. (3) Who will handle the
personnel function is outside the scope of the contract and he
assumed that person would be the Mayor or perhaps assigned to
one of the second tier managers in the departments. (4) Some
additional language was requested under Task 2, under second
block, that should be done considering the need for separate
accounting for enterprise funds. (5) Under the fourth block,
Mr. Johnson wanted that done taking into account Bremerton's
resources and ability to pay. Mr. Johnson noted the City has
other environmental programs but there has been talk about
Street Utilities and Stormwater Utilities, solid waste, etc.,
and wanted to include them in any study that will be
developed. Mr. Sievers continued with listed changes: (6) the
desire to add that City Council receive copies of consultants
periodic reports and all correspondence, including preliminary
reports as well as making all records available to the City's
Internal Auditor upon request. (7) Including a non-
competition clause that states consultant will not bid on City
work for a certain period. Mr. Sievers suggested adding "as
judged by the City Attorney, for a period of two years". (8)
Under Item 7(f), adding the wording "including City Ordinances
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and regulations". (9) Making a correction to the signature
line for the consultant. Mr. Collins pointed out the last
change to include is that there will be a representative of
the City at all negotiations, following the contractor being
seated in that position. Mr. Johnson noted this was
necessary, particularly in the area of environmental issues.
Mr. Sievers pointed out the person in the subject position
would have no authority to bind the City. Mr. Collins
suggested adding the following wording to the next to last
sentence under Section 4: "but when in negotiation they will
have City representation present".
President Hotton noted under the "no competition" clause since
the City is involved in some lawsuits she would like to
include wording that bars the consultants from any
participation on the other side of those lawsuits,
particularly if those lawsuits go on for longer than two
years. Ian Sievers stated then they could not participate as
a party or expert or consultant for any party to suits against
the City. President Hotton questioned if wording was clear
stipulating that the consultant would only be responsible for
the Engineering Department and Utility, not other Departments?
Mr. Slevers stated he felt it was clearly stated, however, he
questions if there was a public works proposal that involved
the Parks Department, such as the Pendergast Regional Park
project, would this person not be involved in that effort?
President HoEton pointed out the contract states "to provide
oversight of departmental activities". Mrs. Fits stated
Council did not want the consultant to go in and rearrange the
Parks Department. Mr. Johnson added nor does Council want
them to go in and change the architect for the Pendergast
project. Mr. Sievers questioned if Council had a particular
title they wanted to use to identify this position? Mr.
Johnson suggested "Management Advisor". Mr. Sievers agreed
such a title would show more separation from employees.
President Hotton stated in reference to the clause precluding
the consultant from being a party to lawsuits that the City is
currently engaged in, she wanted wording included that
precluded the consultants forever from taking part in, not
just for two years. Mr. Sievers stated the problem is the
claimant may not be present now, but the consultant could have
inside information and may be valuable to someone who wanted
to start a lawsuit later on. He recommended leaving it
limitless but any litigation involving operations of the
department during this time. He emphasized the exception on
bidding needs to be set for a reasonable cutoff period because
it is unlikely that the information he obtained now would be
current on contracts in the future.
#2463
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Mr. Johnson emphasized the need to strike "payment for meals"
for the consultant. Mr. Sievers supported deleting "payment
for meals" as stated in the contract. President Hotton stated
she supported paying the consultant for ferry fares, gas and
milage, however, she did not want to pay this individual
$150.00 per hour to be tied up on I-5 due to traffic jams.
Mr. Sievers stated for clarification that Council wishes to
pay for travel expenses but not consultant hourly rate for
travel to the work site and all. reasonable meals/travel
expenses outside of Bremerton area on City business according
to the City's reimbursement schedules. President Hotton
stated if the consultant desires to be paid from "portal-to-
portal" his wishes will be made known to Council. Mr. Sievers
stated yes, considering that would be a change to the proposed
contract.
M/S/C/U(Collins/Colvin) to approve professional services
contract with R.W. Beck & Associates for the work described in
the Professional Services Agreement as amended by Mr. Sievers
and that the contract not exceed $55,000, including positive
responses from DOT and reference checks.
Mr. Johnson requested that Council receive a copy of the
revised contract.
7A - ORDINANCE (FIRST READING) TRANSFERRING PARKING BOARD
FUNCTIONS TO THE TRAFFIC SAFETY COMMI88ION AND ADDING FOUR
APPOINTED MEMBERS, #AB92-296
BMC 10.08 established a nine member Parking Board. BMC 2.11
established a six member Traffic Safety Commission.
Membership on the Parking Board has lapsed. It is recommended
that a combined Board be established to hear parking appeals.
This would be similar to the joint Board of Appeals for
Building Code and Housing Code. The combination of appointed
City staff on the Traffic Safety Commission joined by four
appointed volunteers for parking appeals would provide for a
well informed and balanced committee and the staffing
necessary to assist a volunteer board.
Kathy McCluskey, City Clerk, stated the four individuals are
to be appointed by the Mayor and confirmed by the City
Council. One member would represent Central Business District
and may reside outside the City, one member representing
commuter interest and may reside outside the City, with two
members being "at large" members and Bremerton residents.
President Hotton stated since currently this Commission is
staffed with City personnel and meets during daytime working
hours, will they be changing the meeting time in consideration
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of the new members, who are coming from outside City
personnel? Mayor Mentor explained the appointed members to
the Parking part of the Commission would not meet regularly -
only if there are complaints as they relate to parking. In
that case, then meetings would be scheduled that would be
acceptable by those members. He anticipated those members may
only meet once or twice a year. He pointed out there has not
been a need for such a group to meet for three years. Mr.
Johnson stated he had never heard of members of a committee or
commission only attending some meetings. Mayor Mentor
explained it would be similar to the committees that address
Housing Code appeals and Code Compliance appeals. They would
only come together as a commission if there is a specific
need. Ms. McCluskev explained this also eliminates the use of
the Hearings Examiner, which was included in the previous
Ordinance and saves the City and citizens some money while
putting a citizens appeal in front of citizens and City staff.
Mr. Colvin questioned who would deal with concerns regarding
speed zones, signing, etc.? Mayor Mentor stated the City has
a Traffic Safety Commission, which is made of City employees
from the Police, Street, Engineering and Administrative
Departments and review such issues.
Mr. Johnson noted the citizens appointments are to the Traffic
Safety Commission. Ms. McCluskeV stated yes, they would be
members of the Traffic Safety Commission to hear "parking"
issues only as specifically referenced in the proposed
ordinance. This group would call meetings on special issues
that arise, however, the Traffic Safety Commission meets once
each month to deal with a broad range of safety issues.
Mr. Collins stated during the Operations Committee meeting
there was discussion that Kitsap Transit volunteered their
Planner to be a member of this Traffic Safety Commission and
questioned if that should be included in the ordinance? Ms.
McCluskey stated it was her understanding that the Transit
Planner would like to attend the Traffic Safety Commission's
meetings and receive notices of such meetings, however, they
were not interested in becoming members of that committee.
Mr. Collins stated at the conclusion of the Operations
Committee meeting John Clauson of Kitsap Transit introduced
their Planner and stated the Planner was available to serve on
this committee and that it enhanced what they are doing.
Mayor Mentor stated he would be most happy to appoint someone
from Kitsap Transit on the Safety Commission if they wish to
serve on that Commission, however, he did not feel it was
appropriate to write it into the ordinance. Mr. Collins
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stated he believed wording should be added to the ordinance
indicating that intent. Mr. Clauson indicated, at the
Operations Committee, that Transit was very interested in this
Commission because there are many things they take on that
have an impact on Kitsap Transit.
Public comment - none.
Mr. Johnson questioned what is the interface between this
Commission and Transportation Improvement Plans and the budget
process? President Horton noted this group may provide
recommendations to Council for improvements that may or may
not be included in the Capital Improvement Plan. Contrary to
the Mayor's comment that there had not been a need for this
group to meet over the past 11/2 years, she believed there
are on-going parking problems in the City and she was saddened
to see the Parking Committee disbanded. She hoped issues that
come up are dealt with before they become a crisis.
M/S/C/U(Johnson/Colvin) to approve Ordinance, on first
reading, transferring Parking Board functions to the Traffic
Safety Commission and amending Bremerton Municipal Code
Chapters 2.11 and 10.8 and adding four appointed members for
parking purposes only and includes the capital improvement
coordination.
8A - PUBLIC HEARING AND APPROVING ORDINANCE (FIRST READING)
FORANNEXATION OF ANS.6 ACREAREA, HASELWOODANNEXATION AREA,
INTO THE JURISDICTION OF THE CITY OF BREMERTON, #AB92-297
A legally sufficient petition for the Haselwood Annexation
area has been filed with the City of Bremerton. According to
RCW 35.13,140, the City must now hold a hearing before the
City Council for discussion on this matter. Any interested
persons may appear and voice approval or disapproval for this
annexation. Following the hearing, the Legislative Body must:
1) Enact an Ordinance annexing the area; or
2) Decline to annex the property.
3) Approve, reject, or modify the pre-annexation zoning of
said property.
The Council may annex all or any portion of the area proposed
for annexation, but may not include any property not described
in the annexation petition.
Morris Dawkins stepped down from this issue due to a conflict
of interest.
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President Horton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated
except Mr. Dawkins.
Terrie O'Neill, Municipal Services Coordinator, stated due to
Council's action on November 4, 1992, to accept this area, she
now presents 75% petition for annexation. She has completed
application to and met with the Boundary Review Board on this
issue. At this time, Council is being asked to evaluate the
Annexation Area, holding a hearing accepting public testimony
and making a final decision about allowing this area into the
City and adopting zoning that was established in previous
hearings.
This is an unusual annexation area in that it utilizes
property lines, roads and section lines as boundaries and
meets nearly every criteria in the Boundary Review Boards'
review. The annexed area is being processed by the 75%
petition method, which allows for 75% of the property owners
to include others who do not necessarily want annexation.
However, in this area, there is 100% of the property owners
represented by Chuck and Joann Haselwood together with HMI
Corporation, which is owned by them. Therefore, there are no
other properties leveraged by this petition.
Glenn Jarstad, 2823 Hefner, stated he approved of Council
action to go ahead with this annexation. He attended previous
hearings on this issue, which were well handled by the
Planning Department, where he also signed up his property for
annexation as well. He did not know why his property was
excluded from the Annexation Area. He had hoped a larger area
could have been included along with the Haselwood property.
He believed the area is ideal for expansion of a commercial
zone and hoped he would see the day when his property is
annexed into the City.
James Wall, South Oyster Bay, spoke in opposition to the
proposed annexation, and stated it was his understanding that
the Westhills area was all to be included in the Annexation
Area, amounting to 42 acres. Sometime during the past 60 days
the Annexation area has been scaled down to 8.6 acres to
expedite the process. He also agrees with the fact that a
property owner should have the right to choose what they want
to do with their property. He and his family have lived in
this area for many years and he acknowledged Kitsap County had
not been excessively generous with improvements, however, they
have not hurt the residents either. This annexation will have
an adverse affect on the surrounding properties not included
in the Annexation Area due to the significant decrease in tax
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base for that area. About 11/2 years ago Mr. Wall approached
the County about putting in a storm drainage system in that
area due to the frequent flooding problems. At that time, the
County indicated they would be willing to work with Mr. Wall
and a plan was then submitted to the County. Approximately 30
days after submitting the plan, County surveying crews were on
site engineering a storm drain system. This project did not
go to bid as previously stipulated, however, it was completed
as of November 23, less than one year after he requested it.
If the surrounding properties are annexed into the City
someday, will they be included in the Six or Ten Year Plan?
He raised the issue when is the City going to conclude
negotiations with the residents involved in the "odor"
lawsuit?
Glenn Jarstad stated he has always been pro-annexation because
of the fine City services that can be rendered quickly to any
area. He sees the subject area as an expansion area,
particularly considering the development of the Pendergast
Regional Park.
President Hortonquestioned why was the Annexation Area broken
apart and will there be a second annexation following in some
point in time? Ms. O'Neill explained the City collects
annexation agreements and Outside Utility Agreements all the
time. The agreement collected by Mr. Haselwood allowed the
City to annex any portion of his property in Westhills at the
time the City felt it was most appropriate. They did take the
part that was owned 100% by Mr. Haselwood that met all the
criteria so that she could take more time meeting with the
residents of the Westhills area. The City is in the best
position to give those residents the best services.
Mr. Johnsonquestioned if Gil Johnson's signature was legal on
the Certification? Ian Sievers, City Attorney, explained Mr.
Johnson is the Deputy City Clerk.
M/S/C/U (Johnson/Colvin) to approve the Annexation of the
Haselwood area into the jurisdictional boundaries of the City
of Bremerton; and approve the pre-annexation zoning as it
appears on the exhibits attached to the ordinance.
Vote on motion:
In Favor:
Abstain:
Fitz, Colvin, Johnson, Neville,
Horton
Collins
Motion carried.
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With no further business meeting adjourned at 7:24 P.M.
KATHLEEN L. McC~.%S~Y, City Clerk
~OR~ON, Council President
City of Bremerton
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