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HomeMy WebLinkAbout02/24/88TAPE #523 UNAPPROVED DP, AFT #0027 ~0046 CITY COUNCIL NEETING NINUTES FEBRUARY 24, 1988 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, February 24, 1988 at 5:30 p.m. with Council President Hank Waibel presiding. Council members present were A1 Colvin, Spencer Homing, Morrle Dawkins, , Shirley M~rty Crutcher, C. R. "Tiny" Collins, Lon Overson, Russ Johnson and Lynn Hotton. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskeW. The meeting opened with the Pledge of Allegiance led by Council President Hank Watbel and Invocation was given by Reverend Steve Haley of the Westpark Christian Church. CONSENT AGENDA A. Minutes Of Meeting Held February 17, 1988, ~AB88-053 B. Bid Award Recommendation - Jail Meals, #AB88-054 M/S/C/U(Horning/Johnson) to approve Consent Agenda as corrected (editorial change on Page 4, paragraph 6 of the Minutes: "Mr. Hanna stated it would be done"). CLAIMS/WARRANT R~GISTER 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 which has been made available to the Council. M/S/C/U(Colvin/Dawkins) on February 24, 1988, the Council does approve for payment those vouchers included and further described as follows: Warrants Nos.3443, 34454 and 3459S through 34731 in the total amount of $349,815.10 and Regular Payroll in the total amount of 8314,658.66. COUNCIL MEMBFat P~PORTS Mr. Johnson expressed how pleased he was to see planning efforts since 1983 coming to a reality with the the cable televising of Council meetings to commence by March. Also, the Kitsap Neighborhood Association held a meeting last week with Arvilla Oh/de, Parks Director, as key speaker giving an update on the Kitsap Lake Park plan. Ms. Ohlde gave an excellent presentation and the only major concern had to do with the closeness of the boating season and the fact that no action had been taken on the proposed Lake Ordinance. Mr. Johnson emphasized the need to move forward on the adoption of this proposed ordinance. Mr. Colvin reported on his attendance at the AWC Conference in Olympia on February 17 and 18, noting that it was very beneficial. Mr. Colvin suggested that the City become active as leader in scheduling a "Spring Clean Up" for the City of Bremerton. Mr. Dawktns announced that on Thursday, February 25, the Ferry Riders Coalition will be An Olympia meeting with all the House and Senate Transportation Committee members. The Coalition group is recommending that the sales tax on fuel for ferries be removed which would bring in $800,000, and using this source of' funding for enhancement of ferry TAPE #523 City Council Reg. Mtg. Minutes February 24, 1988 Page 2 of 8 services in the Bremerton and Winslow areas - providing approximately 22 hours of continuous ferry service over Puget Sound. Mr. Collins reported that he artended the annual meeting of the Bremerton/Eitsap County Visitor and Convention Bureau, noting that it appears that the pressure put on the VCB by the City previously has caused them to develop into a well run group and making them try to become self- supporting. Mr. Overson reported that he had an opportunity to tour cable access facilities along with Jim Brontoli and was very favorably impressed with Mr. Brontoll~s expertise and commitment to the program. On February 19 Mr. Overson artended a Prtvattzation conference in Olympia and found it very educational - main emphasis was for a city to determine what its needs were and method to accomplish it. An example given was Bremerton's undertaking a "garage" project and its success...other cities have tried this but were not always success. Mr. Overson complimented the Mayor and City staff for excellent management of the City's 1987 budget which reflected a savings and came in at 94~ of budget. Mr. Crutcher reported he had met with a number of neighborhood people to discuss clean up of the CIty, crime, etc. Mr. Crutcher presented the idea' of two Council Districts meeting quarterly and working together on projects to improve the City. ',- Mrs Hotton reported that she had been in contact with Dave Baker, City Engineer, discussing the possibility of forming a neighborhood advisory committee to assess street conditions within their own district. She indicated this may be something other district may want to consider. Mr. Baker indicated that this would be a value service to the City Engineering Department and Street Department. Mr. Horntna reported that the Ad Hoc Committee, created by Council on February 17, had met and developed a 10 point notification outline which would be developed for further discussion. The Committee meeting was well artended by both those appointed and interested citizens. The next meeting of the Ad Hoc Committee is scheduled for March 2, 3:30 PM, in the Council Conference Room - at which time the general ideas will be developed into specifics. Mr. Walbel announced that the Counc11 meeting was being taped but would not be alred until two trlal taptngs had been completed. Also, Mr. Watbel artended the AWC Conference in Olympia on February 17-18 and stated that the Governor had stated in hls speech to the Association of Washington Cities that he would not allow any legislation to pass which would requlre expenses by the cltles that dld not include some revenue being given to the cities. However, later It was 'announced that there might be exceptions to that statement. Mr. Walbel reported that last Friday evening he artended the last game that would be held in the old Bremerton High School gym as well as the last game to be coached by Coach Les Eathome. As an additional note to the report on the Visitor and Convention Bureau... membership ls up 49~ over the 1986 membership. Lastly, Mr. Walbel had the opportunity today of riding in one of the CltV's new police vehlcles - two of the vehlcles are in the City and the remainder are at the car dealership in Bothel. PUBLIC RECOGNITION TAPE #523 Clty Councll Reg. Mtg. Minutes February 24, 1988 Page 3 of 8 Becky Lorber, Bremerton Senior Center, 1140 Nipsic, personally invited Council members to participate in the Senior Pool Challenge to be held March 17 - an Irish dinner will also be served. Mayor Gene Lobe announced that he had authorized overtime in order to get four additional Police vehicles on the road. He also had an opportunity to ride in one of the new vehicles and stated that it handled very well. Roy McGinnis, 2711v Maple Street, reminded Council members that this is Black History Month and challenged them to attend the closing program to be held at Olympic College Student Center Gym on February 28. Mr. McGlnnis announced that on March 12 a Drill Team Competition will be held at the Central Kitsap High School Gym - bringing drill team units from throughout the state as well as local Marine and sailor groups. Mr. McGtnnis noted that he would be acting as a Judge for this event and efforts will be made to try and coordinate cable televising/taping of this event. Mr. Johnson pointed out that if the event was video taped other communities, who may be represented, could obtain a copy of the tape for viewing within their own community through their local access channel. Georae Allen, 1300 N.E. Dawn Rd., expressed concern as to the installation of the new heatlng element in Clty Hall and suggested that someone ~,check to see if ,lt was installed correctly. Also, Mr. Allen stated the need to educate the publlc as to how City' government works and should be included in the. information provided for advertising the new proposed Zoning Ordinance. He noted that he disagreed with portlons of the proposed Zoning Ordinance - that the definition in the Building Code should be the same Zonlng Ordinance - why have two deflnlttons...he used basements In homes and manufactured houslng as examples. #0795 6A - ADDErilIUM #4 TO GENERAL TEAMSTERS UNION LOCAL 589 (1988 WAGE COLA), #AB88-055 After four (4) months of negotiations, the Teamster's Union Local 589 (non-uniformed employees) and the City have agreed to a three percent (3~) 1988 Cost of Living Increase to base hourly pay. Additionally, the Wage Grade of the Combination Building Inspector has been adjusted from Wage Grade 12 to Wage Grade 14. Dave Hiestand, Personnel Director, stated ~hat the only item opened under the contract was "wages" and the reflected pay raise would amount to 8?3,320.00. The Combination Building Inspector position is somewhat unique in this City and after review it was determined that the wage grade needed to be adjusted to Wage Grade 14. Mr. Overson commended the City staff who worked very laborious on this proposal and appreciated everyone's effort to make it happen. Mr. Crutcher pointed out that the 1988 Federal Government cost of living increase was 2~ and the President is proposing a 2~ raise for 1989 - the City is in line with what others are doing. M/S/C/U(Colltns/Horning) to approve Addendum #4 to the Teamster's Local 589 Contract allowing adjustment of base pay and changing the Combination Building Inspector Wage Grade to 14. TAPE #523 CIty Council Reg. Mtg. Minutes February 24, 1988 Page 4 of 8 #0872 6B - SET DATE FOR ANNEXATION ACTIONS - SINCLAIR PAIt~ UTILITY PROPERTY~TION, #AB88-056 The City, represented by Mayor Lobe's signature, is prepared to petition the City Council for annexation of Water Utility owned lands south of the City~s boundaries. State law requires that City Council: 1. Accept a petition from owners of 10~ of the land value to commence annexation. 2. Approve a petition from owners of 75~ of the land value to accept annexation; and 3. Approve first reading of the ordinance implementing annexation. M/S/C/U(Colvin/Colltns) to set March 9, 1988, at not earlier than 6:30 p.m., at Bremerton CIty Hall for the date and place for a meeting with the Initiating parties of the 10~ Notice of Intent for Sinclair Park utility Property Annexation; and that we set the same date and place for a 75~ hearing and first reading of the Implementing ordinance accepting the referenced annexation. 7A - ORDINANCE (FIRST ',ItEADING) AMENDING ORDINANCE #3887 RELATIN8 TO CITY UTILITY CAPITAL IMPROVEMKNTS AND RELATED PROJECT FINANCE, #AB88-057 The capita/ Improvement :programs of the Ctty~s Water and Wastewater Utilities, as~ previously approved, call for the series of capital projects shown in Exhibit A. In order to arrange the necessary financing to carry out these improvements the existt'ng ordinance needs to be amended to include the updated schedule of projects presented. / / . Mr./Colvln requested the City Treasurer to explain the benefit of this action. Rich Hanna, City Treasurer, stated this ordinance would be the latest of three amendments authorizing both interim and long-term financing of capita/ improvement projects for both Water and Wastewater Utilities. This ordinance was last amended by Ordinance 4053./ The proposed ordinance'updates the lists of projects, which are attached to the ordinance as Exhibit A, to embrace the current projects that are contemplated by the capital improvement projects of the two utilities of the City. Mr. Hanna stated that the most recent copy of Exhibit A was ~hat which was made a part of Ordinance #4053, passed in the spring of 1986. Mr. Dawktns questioned if this would complete all the necessary operations for the new plant? Mr. Hanna stated the capital projects embraced in the latest update of Exhibit A deal with both the capital projects of the Water and Wastewater Utilities. He doubted if it would be the final amendment required. Capital Improvement programs of both utilities are on going construction, particularly with the Wastewater these would be the last large scale grant funded capital improvement projects undertaken by the utility in the future. Mrs. Horton questioned the differences between this proposed 5-year CPI plan and the Street Department's 6-year Plan and could they be coordinated with the same time line? Bill Duffy, Utilities Director, explained that the utilities run 'TAPE #523 City Council Reg. Mtg. Minutes February 24, 1988 Page 5 of 8 #1089 on a 5-year Comprehensive Plan as mandated by the Department of Social and Health Services and there will be coordination efforts with the Street Department in carrying out the plan. Mr. Horntnu stated that the State also mandates that the transportation element is a 6-year plan. Mr. Crutcher questioned if the current portion of the project is in the uttllty~s budget? Mr. Duffv stated yes, they are included. Mr. Johnson questioned if a new 5-year plan is about due? Mr. DuffV stated that the Water Comprehensive Plan is due this year, however, with the Safe Drinking Water Act amendments and a number of the items going on in respect to ground water management he has petittoned the Department of Social and Health Services to extend that date and they have agreed to do so pending flnalizatton of the new amendments of the new Safe Drinking Water Act and they would like those Included in the new plan. Hopefully it will be a couple more years before it is required. \ M/S/C/U(Johnson/Colvtn) to approve ordinance, on flrst reading, relating to the combined water and sewerage system of the City and amending Ordinance #3887, as amended. 7B - ORDINANCE (FIRST READING) PING HEARING EXAMINER ORDINANCE #3960, #AB88-058 Thls ordinance amends the Hearlng Examlner 0rdlnance to streamline the appeal process by: (1) eliminating appeals of the examtner's decision to City Council; (2) broadening the Jurisdictional section to allow a decision rendered; (3) broadening the Jurisdictional section to allow Council to selectively Incorporate the hearing examiner process into other sections of the Municipal Code; and (4) transferring the responsibility for document circulation from the City Clerk to the parties to the appeal and the examtner's office. Mr. Cater, 106-B Oak, spoke in .opposition to the proposed ordinance citing the City Council should retain the greater responsibilities and the Hearing Examiner less. Roy McGtnnls, 2711 Maple Street, questioned if the Clty currently had a Hearing Examiner? Eathleen McCluskeV, City Clerk, stated yes, that the City has hired an attorney to serve as Hearing Examiner. W. J. Warren, 2820 Stephenson, spoke in opposition to the proposed ordinance citing that he did not approve of taking away an appeals process that would allow a citizen to make an appeal at no cost and substitute an appeal process that would require additional expense be incurred. Ian Sievers, City Attorney, outlined the current process whereby the Hearing Examiner could defer a hearing to the Municipal Court at a fee of $28.00. However, the .general ordinance already has the $78.00 appeal fee which does not cover all the City's expense in hearing the appeal but is an-amount that hopefully. would discourage frivolous appeals. Mr. Warren questioned if there isn't a law that protects the public from having to pay? Mr. Sievere stated that there is not a right to administrative appeal at a/l, however, an extra right is being provided by the City. Currently if a citizen would want to contest some administrative act without this administrative remedy it would have to go through Superior Court. Under the proposed ordinance a TAPE #823 City Council Reg. Mtg. Minutes February 24, 1988 Page 6 of 8' process is being provided to review the matter at a lower cost to the citizen. Mr. Overson emphasized that this process was a "last resort" in trying to work out the problem after exhausting efforts through the appropriate departments, and is a way to expedite a legal concern. Cecil McConnell, 3245 Elmira Drive, spoke in opposition to the proposed ordinance, particularly to the issue that the City Council would be abdicating their responsibility to the citizen if they approved the ordinance. Mr. Dawkins questioned the $75.00 fee and what would the publication cost amount to? Eathleen McCluskey, City Clerk, explained there would not be the need for public notification ...that the processing and handling of papers plus the Hearing Examiners time would amount to more than the $?8.00 fee. Mr. Johnson emphasized that at the original passing of the ordinance it was pointed out that the City Council could be taken out of the picture on the appeals process and to be aware that efforts could be made to expand the Hearing Examiners responsibilities and developed into a full time position. In no w~y did he support taking the appeals process away from the City Council. Mr. Johnson stated emphatically that if the City Council can create legislation, then they should be allowed to interpret the Ctty's laws. Mr. Crutcher stated that~ it was his understanding that in some instances there was need for a legal decision and could be best carried out through' the Hearing Examiner process. Mr. Sievers stated that the Hearing Examiner would be best suited to handle those quasi judicial hearings on subjects where Judgments can be made on an administrative action by evaluating facts under a specific set of criteria set out by the City Council through an ordinance. A quasi judicial hearing affects named parties, testimony is given under oath, requires a record of proceedings, and produces a product of Findings of Fact and Conclusions. Mr. Colvin emphasized the importance of leaving open the opportunity for appeal to the City Council on a case- by- case basis and to not put it in such a mandated manner which could stifle citizens from making an appeal. Mr. Hornina pointed out that very few issues have come up before Council in the areas discussed and the citizens are most concerned with such things as water bills and the City Council is still in the chain whereby they can be involved actively. Legal issues that would come before a Hearing Examiner should be judged on a legal basis not an emotional basis. Mr. Overson related a personal experience he had in bringing an appeal before the City Council and felt that. due to it being a legal question would have been better handled by a Hearing Examiner who would have dealt with the legal issues and made a decision on that basis. Therefore, he believes that the proposed ordinance is in the best interest of the citizens. Mr. Crutcher suggested that the Council take some time to review and further study the Hearing Examiner issue. TAPE #523 City Council Reg. Mtg. Minutes February 24, 1988 'Page 7 of 8 Mr. Dawktns questioned how many appeals had come up in the past five years? Ms. McCluskev stated that to her knowledge Just Mr. Overson's appeal and a few regarding sauna parlors. Mrs. Hotton pointed out that our Country is governed with checks and balances - executive branch, legislative branch and that through the proposed process the citizen is not being cut off from pursuing all avenues prior to legal resolution, however, if all efforts are exhausted then they do have the right of appeal. Mr. Waibel pointed out that a number of changes are being introduced in the ordinance which are of significant benefit to the citizens and should not be held back because of the disagreement on the Council appeal issue. Therefore, he suggested voting this motion down and introduce another motion that everyone can agree on. #187S M/S/F(Collins/Johnson) moved to disapprove ordinance, on first reading, amending Hearing Examiner Ordinance #3960. Vote: In Favor: Collins, Colvln, Johnson Oppose: Overson, Crutcher, Horton, Homing, Watbel, Dawkins Motion Fails. Mr. Johnson stated that clearly this is one of the poorest pieces of legislation to come to City Council and the right of appeal to the Council should not be taken away. Mr. Collins pointed out that it is very unlikely that an appeal of a Hearing Examtnerws decision to Superior Court would cost less than the $78.00 fee and by approvlng the ordinance the City Council would be abdicating their responsibility. #3100 M/S/F( Horntn~/Overson) called for the previous question to cease debate. Vote: In Favor: Overson, Horton, Homing, Dawktns Oppose: Colvln, Johnson, Crutcher, Collins Abstain: Walbel Motion failed - requires 2/3 vote. #2360 M/S/C/(Hornlng/Overson) to approve ordinance, on reading, amending Hearing Examiner Ordinance #3960. first Vote: In Favor: Oppose: Overson, Hotton, Homing, Dawktna, Watbel Johnson, Collins, Colvin, Crutcher PUBLIC C~ Robert Spencer, 119 Burwe/i, brought a message to the leaders of America - that it is their responsibility to keep our country good and clean with honesty and high moral standards, love for one another and caring for those who need assistance. With no furthe~ business meeting adjourned at 7:15 p.m. TAPE #823 Clty Councll Reg. Mtg. Minutes February 24, 1988 Page 8 of 8 EATHLEEN L. MCCLUSKEY, CITY CLERK HANK WAIBEL, Councll President City of Bremerton ELM/HW/me cc: Normal Distribution Fl.le/Vault