Loading...
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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 2 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 3 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 4 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 5 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 6 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 7 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 8 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 9 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 10 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 11 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 12 of 17 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 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 13 of 17 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 #3099 TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 14 of 17 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. TAPE #1073 City Council Reg. Mtg. Minutes November 24, 1992 Page 15 of 17 TAPE #1074 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 #0370 TAPE #1074 City Council Reg. Mtg. Minutes November 24, 1992 Page 16 of 17 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. TAPE #1074 City Council Reg. Mtg. Minutes November 24, 1992 Page 17 of 17 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 KLM/LH/eh cc: Normal Distribution File/Vault