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HomeMy WebLinkAbout10/21/98 AGENDABREMERTON CiTY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA OCTOBER 21, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ~'~(::::t~ A. Minutes of Meeting - September 23, 1998 #AB98-234 CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), Small Communities Grant Program RESOLUTIONS A. Resolution No. 2677, Authorizing Application for Aquatic Land Enhancement Account (ALEA) Grant for Smith Cove Development Project #AB98-235 / 3 #AB98-236 B. Resolution No. 2676 Opposing Initiative Measure 200 #AB98-237 ~C:~ CITIZENS WHO FILLED OUT NAME CARDS, AND SPOKE AT COUNCIL MEETING 10/21/98: JEAN BLACK P.O. BOX 588 BREMERTON, WA 98337 (360) 3964641 DEBRA JACKSON 2564 LODGEPOLE DRIVE PORT ORCHARD, WA 98366 (360) 871-4238 DR. NANCY E. GILL 71 NE COLLINS PLACE TAHUYA, WA 98588 (360) 275-5005 PATRICIA M. THOMAS 3359 VILLA COURT SE PORT ORCHARD, WA 98366 SEAN P. GREEN P.O. BOX 6055 SILVERDALE, WA 98315 (360) 697-7080 MATT RYAN 9080 ILLAHEE ROAD NE BREMERTON, WA 98311 PAUL STANBERY 122 OLYMPIC AVENUE BREMERTON, WA 98312-4044 (360) 405-0102 LEROY WILLIAMS 3729 E STREET BREMERTON, WA 98312 (360) 373-3091 DOLORES DONINGER P.O. BOX 762 BREMERTON, WA 98337 (360) 479-1313 ABDULAH MUSTAFA 427 PACIFIC AVENUE BREMERTON, WA 98337 (360) 479-2237 JEANNI JOHNSON 9370 GLENWOOD ROAD PORT ORCHARD, WA 98367 (360) 895-2221 GWENDOLYN SHEPHERD 2626 CHERRY AVENUE BREMERTON, WA 98337 (360) 7924-8785 From: Al Colvtn Fax: (;3~0) 479-4271 (Home) Voice: (360)479-2688 (Home) To: City of Breme~on Farrior 10/24/98 MARTIN LUTHER KING MEMORIAL SCHOLARSHIP FUND OF KITSAP COUNTY P.O. BOX 190 BREMERTON, XVA. 98337Phone 360 4?9 2588 Fax (360)479-4271 To: Honorable Cheo'l Chow From (Retired Council member) AL COLVIN URGENT BREMERTON CITY COUNCIL MEETING Oct. 21, 1998 To: the President, members of the city council and citizens. "Mx' name is Al Colvin, a former City. Council member of the CiD' of Bremerton, currently Chair of the Martin Luther King Bridge Building Awards program. I have been made aware of an issue 1-200 and all it implies that was addressed by THE BREMERTON SUN DAILY, Editorial Board without the participation of members of perhaps one the most affected group females and minorities, and they are significantly affected. It stated that I- 200 deserves thoughtful discussion. I thoroughly agree but the so called facts as stated does not indicate that the matter had thoughtful discussion. I agree with the remarks of the Editor name calling wffi not solve the problem. I do not agree labeling the Suns Editorial Board as one with Archie Bunker mentality, nor do I support a boycott of the SUN'S News DALLY paper, by canceling the subscription not six weeks, one month or one week, Why? In my opinion two wrongs do not one right make. There is no doubt that they the Bremerton Sun was sincere in their in their assumption, but so was Hitler when he murdered thousands of human beings. In his own eyes it was all legal. I do believe that the Sun's Editorial Staff are all honorable persons with good intentions. There was a discussion about the legality of the Bremerton Ci~' Council participating in a resolution considering the 1- 200 issue. In my opinion the Members of the CiO' Council are our From: Ai Colvin Fa~: (360) 479-4271 (Home) Voice: (360)479-2~ (Home) To: Cit'/of Bremerton Farrior 10/24/98 2 chosen community leaders who are ON OCCASION requested to exert leadership in all areas affecting the well being of the commtmity. The have the means of researching the items before them to provide their evaluated opinons to their constituency. If they cannot fullfill this responsibility they should not cooupy a Seat on the City. Council. They were involved in the question of Fluoridation and many other issues that were brought to their attention by the community. They or should I say we since I was a member of the CiO' Council at that time. ANY remarks of a council member that it is illegal for the Bremerton CiO' Council TO CONSIDER INVOLVEMENT IN A RESOLUTION CONSIDERING I- 200 ARE INACCURATE AND MISLEADING. There was no official ruling by the City. Council council's attorney about the legality of the Council discussing the subject or passing a resolution in regards to 1-200. Further investigation indicated that the following cities passed a resolution recommending a "NO" Vote on 1-200 resolution without the acrimony that is apparently prevalent on the Bremerton ciO' Council. Thc cities that passed the resolution to vote NO on 1-200 were the Seattle City Council, the King County Council, the Port Orchard CiO' Council, the Kitsap County Board of Commissioners the Tacoma City Council, the city., of Kent City. Council. What is the Bremerton's City Council excuse. Mr. President when I was a member of the Council, did not hesitate to tell you when I perceived in my opinion that you were wrong about a certain subject. You handled it well without becoming bitter and I appreciate that because non of us can walk the water unless we know where the rocks are. It is my understanding that you initiated the process to provide thc Brcmcrton City. Council an opportuniO' to show intestinal fortitude providing leadership by standing up and being counted like men and citizens of good will in considering a CiO' of Bremcrton resolution to advise a "NO." on thc 1-200 Ballot Initiative. President Fart, Several citizens have requested that I convey their congratulations to you for your profile of courage in proposing the Resolution. A rare commodity in political leaders these days. I hope that your honorable stance does not affect adversely your quest for continued political office. I applaud your efforts as all citizens of Good I:rom: Al ColvJ~'t Fax: (360)479.4271 (Home) Voice: L'3G0)479-2588 (Home) TO: CJt'y of Bremer~an Farrior 10/24,,"98 Wiil would. I sincerely hope and pray that this council would forestall any insinuation of being other than an Honorable Bremerton Ci~· Council ". In conclusion, TO Councilman Mike Sheppard, Council person Carol Arends, Council Person John Law who received the greatest number of vote in his campaign for reelection, I am proud that he let me lend my meager support, and Cecil McConneli, VVayne Olson, My District Councilman, and Jim Reed the youngest member whose future in public serxSce lies ahead. I ask you and the Audience to stand in support of this resolution. As we support the concept being more than pious platitudes, that this Nation will rise to the true meaning of its creed as One Nation under God with Liberty and Justice for ail. That is really what this resolotion is ail about". The Bremerton CiD- Council passed the Resolution and deserve congratulations from all citizens of Good Wffi. M Colx~n P. S. Council Member Cheryl Chow, please Fax a congratulato~~ message to the Bremerton CiD' Council supporting their approval to not turn back the Clock by recommending a NO vote on 1-200 as proposed by Governor Locke. Include a list of ali known Govermental Groups who signed similar resolutions. Our ownly Daft News recommended voting yes on 1-100. You max.' send a copy to other Kitsap County News Papers you may get their Fax Numbers from the Bremerton CiD' Council or TerD~ O'Neal City PR Coordinator.(360)478-$200 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT': MINUTES OF MEETING -- SEPTEMBER 23, 1998 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 10/21/98 CITY COUNCIL DAVID FARR~ COUNCIL PRES 10/12/~8 2. CLEA3~CES: (comment on back if necessary) ENDORS EM~NT INFOR/Z-AT I ON MAYOR APPROVED B~' COUNCIL ~R~ ID~~R SUBMITTAL: COUNCIL P1R.ES ID]SNT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL AcTION: 8. R~COPUZENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: ~.EXPIRATION DATE: R~CiEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTIC~ QF ACTION APPROVED .DISAPPROVED ...DATE: AMENDED 11. AGENDA BITI, NO: TAPE #1571 & #1572 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES SEPTEMBER 23, 1998 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, September 23, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also p8 m .Uresent were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Fred Garry of Summit Avenue Presbyterian Church. President Farr made the following announcements: (1) The City Council held a 15-minute Executive Session prior to the Council meeting, 5:00- 5:15 P.M., to discuss "Labor Negotiations'. (2) The City Council will hold a 20-minute Executive Session immediately following the Council meeting to discuss "Personnel'. CONSENT AGENDA A. Minutes - September 2, 1998 #AB98-217 #0012 MISICIU(McConnetllOIsen) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK 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 #0146 MISlClU(Montgomery/Arends) On September 23, 1998, the Council does approve for payment those vouchers included and further described as follows: 223876 through 224071, 223867, and 223868 in the amount of $364,745.00; and Regular Payroll for the period ending September 15, 1998 in the amount of $771,558.39. COUNCIL MEMBER REPORTS Mr. McConnell stated that he and Mr. Olson had a good turn out at the District 1 & 2 joint meeting held Thursday, September 17 1998. Bremerton Police Chief TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 2 of 11 Paul Du Fresne, City Attorney Glenna Malanca, and Municipal Court Judge James Doctor gave an interesting and informative presentation. Mr. Law stated that Judy Johnson, Building & Development Permit Manager, gave an excellent presentation at the September 15t~ District 3 meeting on building, and the requirements to make changes in rebuilding. The next District 3 meeting will be October 20, 1998 at the senior center. Representatives from the Washington State Department of Transportation will be in attendance to discuss the Manette Bridge. Sketches of the new bridge will be available to see for the first time. Mr. Shepherd attended the two-day seminar on Downtown Improvement along with Mr. Montgomery and Mr. Law. He gathered great ideas that will be shared in the continuing of the Sinclair Landing Development as well as the peripheral areas of Bremerton, i.e. Charleston and Manette. On September 19th there was a District 5 picnic following a cleanup of Evergreen Park and shoreline around Smith Cove. There were 15-20 citizens participating in the cleanup activities, where 8 big bags of trash were gathered. Thirty five to 40 people attended the picnic part of the event. The next regular District meeting will be held in November. Mrs. Arends reminded everyone that the next Bremerton High School football game would be against Fife on Friday night at 7:00 P.M. She also commented that it was great to have 6th Street open again. Mr. Montqomery attended a very lively "Believe in Bremerton" meeting on September 15~h where the subject of home porting carriers in Bremerton was discussed. The public was invited to give their input on this subject either in writing, or by attending City Council meetings. That same evening he also attended a Bremerton Housing Authority board meeting. One of their greatest concerns is the sprinkler system in the Firs Building, which houses elderly people. They are working with the Bremerton Fire Department to come up with an acceptable and affordable solution. Mr. Farr recently participated in a county wide earthquake drill. The scenario was that the mayor was unable to be reached, (hus placing Mr. Farr in command for the first couple of hours. The eye-opening experience taught him how our community could virtually become an 'island", cut off from everything, if such an event actually took place. MAYOR'S REPORT Mayor Horton spoke about the drills, including the Emmittsburg training, where City department heads are brought into the exercise concentrating on the event itself. Communications amongst us, as well as other county agencies, have come a long way in the past 2 to 3 years in getting ourselves prepared. Each TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 3 of 11 employee has an earthquake packet in addition to a special "dig out kit" on every floor of every city building. For the next couple of years, the City will concentrate on the recovery phase involving the Council members and their districts. She encouraged each Councilman to coordinate with key people in their districts to do a rapid assessment of their district area, noting any key elements such as a bridge located in their respective district. She also stated there was a "Smile Mobile" coming to Bremerton. It is a fully equipped mobile dental clinic that will be at the Kitsap Community Health Center between October 13th - 23rd providing service to children 13 and under with limited family incomes. For more information, citizens can call 377-0053, ext. 356, 12:30 A.M. and 12:30 P.M. Lastly, VFW Post 239 honored Bremerton Police Captain Joe Hatfield for being the Legion Police Officer of the Year for Washington State. Mr. Buck King, Commander of the post, presented the award. PUBLIC RECOGNITION Donald L. Larson, President of Kitsap Diving Association, participated in the Sinclair Inlet cleanup. On the Bremerton side, there were approximately 18 volunteers who helped collect two dumpsters of debris. He also thanked all businesses that participated by donating various services. John Becker, Bremerton resident, suggested the City place signs at all entrances to the City stating that Bremerton is/was the "Number One City to Raise a Family", as listed by several magazines, building on the "Believe in Bremerton' theme. 8A - APPROVAL OF THE SINCLAIR LANDING ASSOCIATION PROJECT DESCRIPTION DOCUMENT, #AB98-212 The Master Development Agreement (MDA) entered into by the parties effective March 18,1998, provides for the framework and timelines for the various obligations of the parties. On July 22, 1998, the Sinclair Landing Association delivered its evaluation of the Project Description (Development Program). This document is entitled Project Description, and a copy has been provided to members of the City Council. On August 4, 1998, a Study Session was held on this Description, along with some changes then proposed by the Commercial Group. Since the City is required to approve the Development Program within 60 days of receiving the report, review should occur at the earliest possible meeting. Paula Johnston pointed out changes made in the recommended motion. Vir.qil Elkin.qton, owner of Rabboni's Bagels, stated he provided previous testimony about what was going to be done for businesses that will be displaced because of the Sinclair Landing project. He was concerned that there is no set plan of how those business owners will be helped, as he still hasn't received any written statement with a definitive answer. TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 4 of 11 Mr. McConnell, said that in the Project Description book it says something about the City of Bremerton providing a letter of credit. He would really like to see that verbiage taken out. He stated there was an earlier agreement that Bremerton was not going to provide a letter of credit to fund the new municipal garage. He said the data in the report was extremely old and suggested they go over the document thoroughly prior to signing. Mr. Shepherd, asked if they were being asked to conditionally approve the project description they were originally provided with specific conditions (1-7). They were not approving the project description as an enforceable document but simply as the conceptual document for the basis of these conditions that are listed. The Commercial Group then has 30 days to come back with specifics. Glenna Malanca, City Attorney, said that it was fair to state that the project description before the council is outdated in unknown ways. We have a MDA whereby the City obligated to approve, even conditionally, the project description. She told the council members that their conditional approval set up a structure to get the information that you do require before you can actually approve a project. Additionally, the City Council may not want to waive any rights they have under the MDA. There are certain requirements now for the Commercial Group to come back and provide to you either under a time frame or their approval will not be complete until all those items have been back before the Council and approved by the Council. Mr. Law, reiterated that there were now 8 or 9 items now on the recommendation. He asked if specifics had to be listed on the recommendation now. Ms. Malanca, stated that the intention was that Item #1 covered that. The Council is to get an updated Development Program that would include that type of component. Mr. Reed, stated that he didn't think the Council needs to make this so "detailed that it holds the bar so high" that it doesn't give the Commercial Group any room to make a deal with their financiers. He said that he would like to see some kind of proposal for the displaced tenants on a prospectus. Mr. Montqomery, said that Item #1 spelled it out perfectly clear. He also stated that it was difficult for any private group to come out and say exactly what they are going to do until they get their funding lined up. Mr. Shepherd, asked for clarification of Item #2, regarding future tenant commitments as recommended by the City's Financial Analyst. He also asked if the Council would bind the Commercial Group to recommendations based upon the City's Financial Analyst. TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 5 of 11 Ms. Malanca, stated that Item #2 had to do with the commitment regarding potential tenants. The update on the Commercial Group's effort to purchase necessary properties is intended to include displacement, for areas not intended to be condemned. The Commercial Group would not be bound to the City's recommendations. Mr. Overson stated that since what the Council was really doing was setting a new timeline for the development program, are they telling the Commercial Group to go develop a program or do they say bring the program back to us to review and/or approval. He expressed concern that it was Commercial Groups project, not the City's, and hoped the City wasn't injecting itself where they shouldn't be. He felt the only concerns the City should have, is that the rights of the citizens and businesses are upheld; that a quality project is developed; and that City funds and resources are not excessively impaired. Ms. Malanca, said that this was just a review required under the MDA. Randy McGreal, Commercial Group, provided a brief history of this process. He stated the approval before Council today is due to the public/private partnership arrangement with agencies that did not have any other way to participate. Through this process, and through the MDA, these groups have a way to include their comments. President Farr referred to Item #2 and Item #3, and asked if City Council can expect to see a review with comments done by the Financial Analyst during the 30-day time period being set tonight? Mayor Horton stated that the work the Finandal Analyst would be doing is predicated on when the City can get the numbers from the Commercial Group necessary for the Financial Analyst to review. Mr. McGreal stated that this is only a step in the process. He can provide figures, but he needs further conversations with the land owners to find out what prices they are setting for their land, and what conditions they are going to place on them for relocating some of those businesses. President Farr asked what amount of time was needed if they felt 30 days was not realistic. Mayor Horton stated that she and Mr. McGreal felt_that 90 days was sufficient, but since that deadline falls near the holidays, it was decided that January 15, 1999 would be the best date. #2627 MISIC(MontgomerylArends) Motion to conditionally approve the Project Description document with the following conditions, all pursuant to Paragraph ]]]3 of the MDA. Proposed conditions are: (1) That the Commercial Group provide an updated Development Program to the City Council by January 15, 1999; TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 6 of 11 (2) (3) (4) (5) (6) (7) (8) Future tenants commitments as recommended by the City's Financial Analyst; Response to reasonable inquiries and verifi~tion requests of the City's Financial Analyst; Arrangements for sufficient Public Attractions; Detailed construction estimates; and Update on Commercial Group efforts to purchase necessary properties within the project; Acceptable parking for Marina; Item 1-7 are subject to further approval. This approval is not intended to waive any provisions contained in the Sinclair Landing MDA of March 1998. Vote on motion: Motion passed. In Favor: Opposed: Law, Overson, Shepherd, Arends, Montgomery, Reed, McConnell, Fart Olsen 8B - GORST L.I.D. FORMATION FOR THE PURPOSE OF FINANCING SANITARY SEWERS, #AB98-213 The Bremerton-Kitsap County Health District completed a sanitary survey of on- site septic systems in the Gorst area in May 1996. Based on the survey, the State Department of Health declared the Gorst area a severe public health hazard requiring the area to be served by sanitary sewers. A 1997 study for sewering Gorst and South Kitsap Industrial Properties, determined it to be cost- effective to provide sewer treatment at the Bremerton Wastewater Treatment Plant. The maximum monthly flows are projected to be less than 1% of the plant's design capacity. Kitsap County will provide ali customer service, billing, and collection requirements with treatment provided as county customers under the existing Kitsap County Sewer Distdct I service agreement. An effort is currently underway to form a utility local improvement district (ULID) for construction of the Gorst sewer system. A successful petition requires owners of 51% of the property by area within the service area to sign the petition. The City owns 2.3% of the property within the service area and would benefit from sewer service. It is recommended that the City Council authorize the Mayor to support the establishment of the ULID for sewedng Gorst by (a) signing the petition on behalf of the City and (b) providing a letter of availability to the County under the existing Sewer District I service agreement for treatment at the City's wastewater treatment plant. This recommendation is based on the county's representation that the sewer system will be equivalent to a step system with solids managed by the county and effluent only delivered to the City's Wastewater Treatment Plant (WWTP). TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 7 of 11 Gene Sampley, Bremerton Public Works & Utilities Director, discussed two separate issues involving the sewering of Gorst. One as a landowner and the other as a provider of the treatment of the effluent that would be needing treatment as a result of this project. Through an overhead presentation, Mr. Sampley showed the service area for this ULID. He stated that the method the City is utilizing is a step system. A step system is a system wherein the solids are retained on site similar to a septic tank and the effluent is collected and pumped to the Bremerton system for treatment. The county would handle all the solids management and treat those at the central wastewater treatment plant owned by the county. The amount of impact to the plant is approximately .09 % of the volume and there is more than adequate capacity for that. However, we have considered the possibility of future sewering of the South Kitsap Industrial area of the Port of Bremerton and the Gorst community. If all those areas were to be sewered and routed to the Bremerton plant, it would require some serious evaluation of plant capacity. The maximum cost is approximately $105,000 based on area and associated to the City as a landowner. The revenues associated with this project are approximately $300,000 with monthly rates adding another $75,000 - $80,000. Mr. Sampley asked the Council to authorize the Mayor to sign on behalf of the city, the petition to establish the ULID. John Becker,, Bremerton resident, asked if the Gorst sewer rate was going to be greater than, equal to, or less than what is being charged in Bremerton. Dan Osbom, District 6 resident, asked that since Bremerton sewer rates are based on water consumption, will the City of Bremerton be selling the water to those Gorst residents, and how will we know how much water they are putting in? He was apprehensive on whether it will fit in with a good sewer system that will eventually be needed in this area. TAPE #1572 Gene Sampley, stated that rates outside the corporate city limits are established by ordinance at 115% for sewer and 150% for water. So any county resident that is provided service from the city would be assessed at that additional rate. The revenues to the city are greater than would be otherwise received if they were in the city. A smaller line will be needed initially, with a new line with greater capacity later because you can't build a line large enough to carry all the potential flow from the area without causing some stagnant, odor and pumping problems. Mr. Mont.qomery, said it sounded like a pretty good deal. Mr. McConnell, asked if the estimated $105,600 is the amount it is going to cost Bremerton tax payers to hook on to the sewer. He also asked if the $300,000 connection fees went into Bremerton or to Port Orchard. He further stated that TAPE #1571 & #1572 City Council Reg. Mtg. Mink'[es September 23, 1998 Page 8 of 11 the City of Bremerton woulcJ make out pretty wetl on the income from the monthly rates. Mr. Sample¥, stated that the $105,600 was the maximum amount that would be assessed against the City. He stated that the $300,000 connection fees were up front costs that go directly into the Bremerton sewer fund. Mr. Reid, asked what the other reasons are that you can't overbuild a sewer line due to the ability to pump it. Mr. Sample¥, referred to two reason because of the size of the line and the system. Reason one: the odginal LID boundary was reduced to what is considered to be the severe health hazard area. They had initially a public health hazard area which was broad~. Secondly, the method of construction, system design, is not a typical sewer system where you would have a pipe plumbed into a sewer line transmit the errdre waste stream to the treatment plant. Mr. Overson, asked if the City was installing the sewer collection system. The asked how does the City rate getting the connect fees. He stated he thought the organization installing the system would get the connect fees because that's where the cost of connection goes. Asked from the owner's standpoint the owner will pay #1, a fee to the City and #2, a fee for the installation and #3, a monthly fee? Stated that even though it is considered temporary that he didn't think so and asked how long it would last. Mr. Sampley, said there are two fees that we assess in an established system. One is the facility fee, which pays for the capacity at the treatment plant. The other fee is a front footage fee to pay for the facility that is in the ground at the location where it is to be installed. In this case the developer would pay all of the cost and therefore have no footage fees assessed because they are in the cost of construction. We always assess a facility fee against a project. He stated that the fees Mr. Overson stated were correct. Mr. Sampley stated it would last a considerable length of time, the same as other systems - 40 to 50 years. Mr. MontRomery, asked if the county would be collecting money from the consumer and they will be paying the City on a metered rate? Mr. Sampley, stated that the City would send one bill to the county and the county has a billing system for all their customer. The City has one customer and that's Kitsap County. #0357 MISICIU (Montgomery/Law) That the City Council authorize the Mayor to sign the ULID petition for sewedng Gorst and provide a letter of availability to the TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 9 of 11 County under the same terms and conditions as the existing Sewer District 1 service agreement for treatment at the City's wastewater treatment plant. 8C - BID AWARD FOR SR304 TRANSPORTATION IMPROVEMENT PROJECT, ASBESTOS REMOVAL NO. 2, #AB98-214 Bids were opened for the SR304 Transportation Improvement Project, Asbestos Removal No. 2 on September 21, 1998. This is the second phase for the removal and disposal of asbestos in structures located within the SR304 Transportation Improvement Project. This contract will remove and dispose of asbestos for 21 separate structures occupying public right-of-way. Four bids for this project were received. Northwest Abatement Services, Inc., was the lowest responsive bidder with a bid of $46,159.79. The Engineer's estimate for this project was $55,911. The action before the City Council is approval of a contract with Northwest Abate Services, Inc. or Crown Delta Environmental, Inc., the next lowest responsive bidder, at $46,581.38, in the event Northwest Abatement Services, Inc. is unable to execute the contract. Additionally, in accordance with BMC 2.76.500 (b)(2) staff requests that the City Council provide the Mayor with additional change order authority for a total contract amount not to exceed $90,000. This additional authority will allow for the expedient removal of unanticipated asbestos discovered during the abatement process and will allow for the abatement of additional structures within the project limits. Lynn Price, SR304 Project Manager, added that there are 12 to 16 additional structures anticipated to have asbestos testing over the course of this contract. Public comment - none. #0566 MISICIU (Shepherd/Reed) Motion to (a) Authorize the Mayor to enter into a contract with Northwest Abatement Services, Inc. for $46,159.79 on the SR304 Transportation Improvement Project, Asbestos Removal No. 2; and should Northwest Abatement Services, Inc. be unable to execute the contract, enter into a contract with Crown Delta Environmental Inc. for $46,581.38; and (b) That the Mayor is authorized to execute change orders on the SR304 Asbestos Removal No. 2 contract for a total amount not to exceed $90,000. 9A - PUBLIC HEARING ON RESOLUTION ~2672~ REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 1903 W KITSAP LAKE LANE~ #AB98-215 Beginning in January of 1998, the City of Bremerton removed furniture, clothing, auto parts, appliances, garbage and debris from the property located at 1903 W. Kitsap Lake Lane after the owner, Patricia Hoxer and the tenants failed to do so as ordered by the Building Official. Work was stopped before completion due to the weather and inability to use heavy equipment for the removal of these materials. In June, the house was ordered vacated, more material was removed, TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 10 of 11 and the house was boarded against entry. Council must now decide if the fees incurred for this action are just, and how they should be collected. Judy Johnson, Permit Manager, stated the first complaint received on this property was September of 1997. The reason for the high expense of this abatement was necessary because most of the items had to be removed by hand due to an identified septic system. Public comment - none. #0740 MISICIU (Montgomery/Shepherd) Motion to pass Resolution No. 2672, ordering that the fees incurred for the abatement of garbage, debris, auto parts, furniture, and clothing; and for securing the house located at 1903 W. Kitsap Lake Lane be collected as reasonable abatement costs and become a lien against the property. 9B - PUBLIC HEARING ON RESOLUTION #2673, REGARDING RECOVERY OF FEES FOR THE REMOVAL OF VEGETATION ON THE LISTED PROPERTIES~ #AB98-216, Ordinance No. 4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code, Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by personal judgement against the owner and a lien against the property. Judy Johnson, Permit Manager, announced five weed abatement listings to remove from the attached list: #11 (2510 Fir); #13 (313 S. Hartford); #22 (1522 Snyder Avenue); #26 (1121 Veneta); and #28 (2400 BIk. N. Wycof0. She then asked for approval for Community Service workers to provide labor to cleanup the rest. Monte Beieault, #16 (636 N. Montgomery), asked for a list of what he needed to remove from his property to avoid needing the abatement done by the City. Mrs. Arends noted that most of the addresses listed were from out of town, and questioned if the majority were rentals. Ms. Johnson stated yes. To clarify this process, she stated Council was only being asked to approve the work being done, not to collect fees at this time. That will be done at another time. TAPE #1571 & #1572 City Council Reg. Mtg. Minutes September 23, 1998 Page 11 of 11 #1023 M/S/C/U (Montgomery/Shepherd) Motion to pass Resolution No. 2673, ordering that the nuisance vegetation on the properties identified by the attached listing be removed by the City. With no further business meeting adjourned at 6:53 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton PJIDFIIblIs C: Normal Distribution FileNault AGENDA BILL BREMERTON CITY COUNCIL ]0/21/98 1. SUBJECT: FOR AGENDA OF: U.S. Department of Justice ORIGINATING DEPT: BPD office of Community Oriented Policing Services ORIGINATOR: T. Sholtis COPS Small Communities Grant Program DATE SUBMITTED: ]0/]4/98 o ~3~: (c~nment on back 3. EXHIBITS: ~ ~_~eces sary) Treasurer _~--~/~_~~ .~ -~__~ran_t Award Letter Fiscal & Bud'~t Co~~~~~~ APPROVED BY COUNCIL PRES~NT F~--~UBMITTAL: COUNCIL PRESIDENT [~~~~~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The City has been awarded $30,000 from the U.S. Department of Justice for two full- time officers in the time period 09/01/98 to 08/31/99. This Small Cormnunities Grant must be accepted by the Mayor within 45 days. We request for the Mayor to accept. These funds will be included in the 1999 budget and will be presented to the Council during budget review. 5. The funds will not be used by the City.- r~-n~ ~ 50~-~z%s~-~ 6. The funds will be used towards funding of two full-time officers' salary, wages, and benefits. - ~ ~Ap~- ~/ ~-~1'~ 8. RECOMMENDATION: P. ccc~.end accep ...... this Small Communities Grant RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: Police Chief EXPIRATION DATE: August 31.1999 REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: U.S. Department of Justice Q')?ce of Communi7 Oriented Policing Seth'ices Office of the Director 1100 Vermont Avenue :VIV ~I/ashington. DC 20530 ? Chief Paul Fresne Bremerton, City of 239 Fourth Street Bremerton, WA 98310 Sextember 21, 1998 Dear Chief Fresne: Congratulations on r~eiving a COPS Small Communities grant. Enclosed are your axvard and a list of Conditions that apply to your grant. You should read and familiarize yourself with these Conditions. Also enclosed is your Grant Owner's Manual that summarizes and explains your Small Communities grant. It will assist you with the administrative and financial matters'associated with your grant. This manual also explains many of the Federal government's commonly used grant terms and answers many commonly asked questions. You will soon receive a packet of materials relating to payment methods and procedures for receiving your grant funds. You should, however, review the materials in your Grant Owner's Manual regarding the different methods of payment available to you. Should you have any questions regarding payment methods or any other matter discussed in the COPS Grant Owner's Manual, please do not hesitate to contact the COPS Office at 1-800-421-6770. To accept your grant, please sign the grant award and return it to the COPS Office within 45 days. Note that your grant award start date is 9/1/98 and is 20 percent of your original Phase I, FAST or UHP grant. This funding is intended to assist your agency in paying the salaries and benefits of officers hired under the above mentioned programs for a fourfla year only. The COPS Office will continue to serve your needs in a responsive and innovative manner. With your participation, I believe this office can accomplish its mission - to provide local law enforcement with the resources they need and in a manner that reduces the_burdens ordinarily encountered when applying for a Federal grant. CONDITIONS OF SMALL COMMUNITIES GRANT PROGRAM AWARD 1. Funds a~varded under the Small Communities Grant Program are to be used to assist in paying the approved salaries and benefits of officers hired under a COPS Phase I, FAST, or UHP grant for a fourth year only. 2. Your agency remains subject to the applicable terms and conditions as were set forth in the original Phase I, FAST, or UHP award. 3. Your agency is expected to retain the positions funded by COPS Small Communities Grant Program funds at the conclusion of the grant in accordance with the retention plan contained in your grant application. 4. Your agency agrees to complete and keep on file, as appropriate, an Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of Federal funds to verify that persons are eligible to work in the United States. ,5 U.S. Department of Justice Office of Community Oriented Policing Services COPS Small Communities Grant Program Application Organization's Name: Grant #: ORI #: Vendor #: Law Enforcement Executive Name: .4ddress: City, State. Zip Code: Telephone: Fax: Government Executive Name: Address: City, State, Zip Code: Telephone: Fax: Bremerton, City of 98CGWX0369 WA01801 916001231 ~/ Chief Paul L. Fresne 239 Fourth Street Bremerton, WA 98310 (360) 478-5224 (360) 478-7940 Mayor Lynn S. Horton 239 Fourth Street Bremerton, WA 98337 (360) 478-5266 (360) 478-5883 Award Start Date: Original Award Amount: SCGP AwardAmount: September 1, 1998 Award End Date: August 31, 1999 $150,000 Number of Officers: Full Time: 2 $ 30,000 Part Time: 0 Date By signing this award, the signator~ officials are agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Signature of Law Enforcement Executive with the authority to accept this grant award. Typed Name and Title of Law Enforcement Executive. Date Signature of Government Executive with the authority to accept this grant award. Typed Name and Title of Govemment Executive. Date AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Resolution Authorizing Application for Aquatic Land Enhancement Account (ALEA) Grant For Smith Cove Development Project FOR AGENDA OF: October 21, 1998 ORIGINATING DEFT: Parks & Recreation ORIGINATOR: Jim Spencer, Interim Director DATE SUBMITTED: October 13, 1998 2. CLEARANCES: ~ j~ 3. EXHIBITS: omm nt Parks & Recreation Director:~/'v72"~~ * Resolution '~ ~.-(O 7 -7 Public Works Director: 'g'-'-'F[L Treas ~tfi:~'~-.'~,.~, r'l . -'-. ~ ~__ _ . Fiscal & Budget Committ .~/~~ .~7~ Operations Committee: ~'---~~ ENDORSEMENT ~( INFORMATION._~ APPROVED BY COUNCIL PRES~NTk ) FORI~g~L: .I ) ~ ) ~4~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Parks & Recreation Department presented the Smith Cove Development Project to the IAC in August, and we have received word that this project placed 13 out of 78 local parks projects. This list will be recommended to the Governor, then will progress through the legislative process for funding. Our ranking is very encouraging and the potential for IAC funding is good. The Parks & Recreation Department is now applying to ALEA (Aquatic Lands Enhancement Account) for a development grant of half of the estimated costs for this same project utilizing the aforementioned IAC grant as a portion of the match. The total cost of the project is estimated at $1,716,742, with the ALEA requested match being 50% of this value, or $858,371. Attached is a resolution which demonstrates the City's support for the project. This is a grant application requirement. ~ 08~/~C RECOMMENDATION: To adopt Resolution # O.(a -77 authorizing the Mayor to submit the grant application Resolution Authorizing Application for Aquatic Land Enhancement Account (ALEA) Grant for Smith Cove Development Project 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: ~ AlVlENDED 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The grant will not be applied for and necessary funding for the completion of this project will be jeopardized. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: This is a potential funding source for up to $858,317 for the development of the property surrounding Smith Cove. 7. RESEARCH SOURCES: CITY OF BREMERTON RESOLUTION NO. ~, ~a 7 7 A resolution authorizing application for funding assistance for an Aquatic Lands Enhancement Account project to the Department of Natural Resources. WHEREAS, under the provisions of Chapter 79.24.580, RCW, state funding assistance has been authorized and made available to aid in the financing the cost of land and the construction of facilities for public access, and enhancement of, state-owned aquatic lands, and WHEREAS, the City of Bremerton considers it in the best interest to rehabilitate the shoreline and adjacent uplands around Smith Cove in the central part of the city generally located on the Port Washington Narrows between the Manette Bridge and the Warren Avenue Bridge, and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Bremerton, Washington: 1. That the mayor be authorized to make formal application to the Department of Natural Resources, 2. That any fund assistance so received be used to develop the shoreline and adjacent uplands around Smith Cove, 3. That the city's 50% matching share for the project will be derived from Councilmanic Bonds, an IAC grant, and a donation prior to the execution of the grant agreement, o That any property developed with financial aid through the Aquatic Lands Enhancement Account be maintained for the purpose of habitat protection and/or public access in perpetuity and in accordance with the terms of the grant agreement approved by the Departmem of Natural Resources, 5. That any developed facilities financed through the Aquatic Lands Enhancemem Account be maintained by the city for 25 years or longer, 6. That this resolution becomes part of a formal application to the Departmem of Natural Resources, and 7. That adequate notification has been given and opportunity provided for public input. Adopted try the City Council of the City of Bremerton, Washington at its regular meeting held (date): . . ,1998. ATTEST: DAVID FARK, Council Presidem KATHLEEN L. McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution 2676 in Opposition to Initiative Measure 200 ~~RANCES:<fJ2omment on back if necessary) FOR AGENDA OF: October 21, 1998 ORIGINATING DEPT: City Council ORIGINATOR: David Farr Council President DATE SUBMITTED: October 15, 1998 3. EXHIBITS: Resolution ENDORSEMENT,~' INFORMATION [] .7. ,# APPROVED BY COUNCI~PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~~~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Under the provisions of RCW 42.17.130, the City Council will consider a Resolution of Opposition to Initiative Measure 200. The Ballot Title of this Initiative is "Shall government be prohibited from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in public employment, education and contracting?" The opposing view will be afforded approximately equal opportunity of expression. 8. RECOMMENDATION: Move to adopt Resolution No. 2676 that affirms the City of Bremerton's commitment as an employer to the principals of equal opportunity and diversity in its workforce and preservation of affirmative action to implement the City's objectives. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 5. IMPACT OF NON-PASSAGE: N/A 6. IMPACT.ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: N/A 7. RESEARCH SOURCES: City Ethic's Cod6 and RCW 42.17.130. RESOLUTION NO. ~eT~ WHEREAS Initiative Measure 200, a state ballot measure that attempts to eliminate affirmative action policies and programs for women and minorities in public employment, education, and contracting throughout the State of Washington, will appear on the ballot for the November 3, 1998, General Election, WHEREAS the City's voters and the public deserve to be engaged in balanced and educated understanding of the merits and significance of affirmative action policies and practices in public employment, education, and contracting; WHEREAS affirmative action seeks to ensure equal opportunity, remedy discrimination, and include women and minorities in all professions and trades; WHEREAS the City of Bremerton has long practiced affirmative action and equal employment opportunity beginning with Ordinance 3135 in 1974, and as evidenced by BMC 2.28 and its general employment practices through the present; WHEREAS affirmative action programs create opportunities for our children to compete and fully participate in the social and economic life of society, despite the obstacles of racism, sexism, and cultural bias; WHEREAS one of the primary goals of affirmative action is to ensure the inclusion of qualified women and minorities in sectors of society where they have been historically underrepresented; WHEREAS affirmative action has improved the overall ability of government and business to meet the needs of the diverse populations they serve through: (1) the creation of an expanded labor pool to include the talents and skills of all communities; (2) enhanced economic opportunities in the public contracting process; and (3) availability of educational opportunities for all of the City's young people; WHEREAS affirmative action programs enable the City and region to more effectively compete in the international marketplace through the creation of a more diverse workforce; WHEREAS the need to maintain affirmative action policies and programs is clearly substantiated by historical and present employment figures which indicate that parity has not been achieved for women and minorities in the workforce; WHEREAS women continue to face discrimination in the workplace as evidenced by demonstrated wage inequity, fewer benefits, and fewer upper management positions; WHEREAS the majority of minority and women-owned businesses continue to experience economic exclusion, despite the jobs they create in the community and their contributions to our economic base; WHEREAS recent history indicates that there remains much work to be done in social and employment opportunities in the City of Bremerton; WHEREAS empirical evidence indicates that the abandonment of affirmative action in public contracting has resulted in a dramatic drop in utilization of minority and women-owned businesses; WHEREAS college admissions statistics reveal that the abandonment of affirmative action in public education has resulted in a dramatic drop in minority enrollment in higher educational institutions, subsequently eroding opportunities to acquire the skills an knowledge necessary to attain economic security and self-sufficiency; WHEREAS the passage of Initiative Measure 200 could have an significant negative impact on the City's convention, tourism, and trade industries; WHEREAS many local and regional people, businesses, and organizations, including: The Boeing Company; Washington Water Power; Kaiser/Group Health; Port of Seattle; Association of University Women; Tacoma Chapter, NAACP; Korean Women's Association; Tacoma, Ministerial Alliance; Washington Association of Churches; Pierce County Chapter, HISPAC; League of Women Voters; Tacoma Urban league; Pierce County Labor Council; Washington Federation of State Employees; Tacoma-Pierce County Black Collective; Pierce County Chapter, N.O.W.; Governor Gary Locke; King County Executive Ron Sims; former Governor Dan Evans; Kitsap County; the Seattle City Council; the City of Tacoma; the City of Vancouver; the Washington Business and Professional Women; Washington Association of Churches; Filipino American Political Group of Washington; and the Washington Education Association strongly support affirmative action and oppose efforts to end it; WHEREAS Initiative Measure 200 threatens to erode the progress that has been made through affirmative action to create a more inclusive society; and WHEREAS the City of Bremerton is resolved to protect equal opportunity for all of its citizens and promote diversity through outreach and recruitment programs targeted to women, minorities, and people with disabilities; NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that the Bremerton City Council opposes Initiative Measure 200 and reaffirms its commitment to affirmative action programs that seek to remedy discrimination; foster a diverse society, and ensure the American dream that equality of opportunity is available to all. BE IT FURTHER RESOLVED that the City Council believes its strong support for affirmative action sends a clear signal to the City's communities, especially to the City's young people, that all individuals have an equal place in America's future. PASSED by the City Council of the City of Bremerton this __ day of October, 1998. DAVID FAR_K, Council President