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HomeMy WebLinkAbout12/12/01 COUNCIL TAPES #1809 & #1810 UNAPPROVED D VED CITY COUNCIL MEETING MINUTES December 12, 2001 The weekly 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, December 5, 2001, at 5:40 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne OIsen. Also present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Talma~Te Wilson of the Charleston Baptist Church. Congratulations were offered to Pastor Wilson and his wife Dr. Doris Wilson in recognition of their 50th Weddin9 Anniversary this week. President Law made the following announcements: (1) City Council held a 30-minute Executive Session from 4:45 to 5:15 to discuss "REAL ESTATE ACQUISITION" & "POTENTIAL LITIGATION'; followed by a 25-minute Executive Session from 5:15 to 5:40 P.M. to "REVIEW LABOR NEGOTIATIONS" in the Council Conference Room; (2) It was noted that Council was provided encouraging information regarding the proposed Convention Center in Bremerton, which the Council continues to support; and (3) There will be a Study Session tonight immediately following the Council Meeting in the Council Conference Room to discuss the "2002 LEGISLATIVE AGENDA"; followed by a 30-Minute Executive Session to "REVIEW LABOR NEGOTIATIONS". CONSENT AGENDA - There are no Consent Agenda Items this week 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. #0102 M/S/C/U (Reed/Maupin) On December 12, 200I, the Council does approve for payment those vouchers included and further described as follows: Check numbers 258478 through 258482 and 258535 through 258677 in the amount of $379,014.72; and Regular Payroll in the amount of $953,601.20 for the period ending November 30, 2001. COUNCIL MEMBER REPORTS Will Maupin reported on his participation in the Bremerton Winter Fest 2001 event, including his service as judge for the holiday window display contest for downtown merchants. The same evening, he attended the First Friday Art Walk, as well as the reception to honor the Mayor for her past support of the Art Community. He also reported on his attendance at a Puget Sound Regional Council workshop this afternoon, which he found very interesting and informative. Carol Arends agreed with the previous comments regarding the First Friday Art Walk event; and also reported on her attendance at the Bremerton Symphony on Saturday; and a Bremerton Chamber of Commerce luncheon yesterday where Mayor Horton and Council members John Law and Wayne Olsen were honored for their service to the City. Mike Shepherd discussed the showing of Pearl Harbor at Charleston Cinema over the weekend, including the slide show presentation and a Pearl Harbor survivor as special guest for the event. He also announced the next District 5 meeting scheduled Thursday, December 20, 2001, 6:00 P.M. TAPES #1809 & #18t0 City Council Reg. Mtg. Minutes December 12, 2001 Page 2 of 5 Ed Rollman reminded citizens to replace the batteries in their smoke detectors; and announced if citizens would like to report an abandoned vehicle, they can call the Council office to be directed to the appropriate department. Wayne Olsen also enjoyed the First Friday Art Walk and Winter Fest event last week; and also thanked the Bremerton Area Chamber of Commerce for honoring his service at their luncheon. John Law wished his daughter a happy birthday! He was then pleased to announce that the employees of Puget Sound Naval Shipyard donated a total of SI-million dollars, and thanked them for their contributions, COUNCIL COMMITTEE REPORTS Carol Arends discussed her attendance at the Kitsap County Transportation Policy Board meeting; and noted that the Puget Sound Regional Coordinating Council meeting was cancelled for this month. MAYOR'S REPORT - There was no report this evening~ LEGISLATIVE REPORT Provided a response to Paul Drn_ievic who attended a previous Council meeting on December 5 to ask questions about the "installation of fluoride equipment against the direction of Council". Gene Sampley, Director of Public Works & Utilities provided a statement, which indicated that "nothing was done against Council direction, and there is no fluoridation equipment at the Corrosion Control Facility or anywhere else. In addition, the Fluoride Analyzer was taken out and surplused as promised". PUBLIC RECOGNITION James Platt voiced his concern over a telecommunications tower proposed near his home at 6th & Olympic. Jon Shrader also voiced his concern over the proposed tower, and provided a list of questions regarding the tower that he would like addressed. Mike She_Dherd asked if the testimony provided to Council tonight met the deadline requirements for requested comments from those opposing the location of the tower. Loren Combs, interim City Attorney, replied that this was not the correct forum to provide comments to meet the deadline requirement of the Planning Commission. It was established that the Council could not take action on this issue because it is not properly before them yet. It was further explained that a request for a telecommunications tower was subject to the Special Use permit process, which includes a Public Hearing, so he strongly encouraged all citizens interested in this issue to attend that Public Hearing to have their testimony included in the record. Charles Critler also voiced concern over the proposed cell tower, but also expressed concern that a City truck which went through his neighborhood to vacuum out the sewers, drove over the grass area in the right-of-way, and ran over a new sprinkler system he recently installed. Crystal Groat asked the Council to weigh the risk of locating the tower near an elementary school as well as consider the visual impact the tower would have on the neighborhood. Tom Cantwell also voiced his concerns aesthetics and potential health problems regarding the proposed location of the tower which is exceptionally close to his home. 10A- PUBLIC HEARING AND RESOLUTION NO. 2845, ADOPTING KITSAP REGIONAL COORDINATING COUNCIL (KRCC) INTERLOCAL AGREEMENT (#AB01-273): Mary McClure, Executive Director of Kitsap Regional Coordinating Council, summarized that this Interlocal TAPES #1809 & #1810 City Council Reg. Mtg. Minutes December 12, 2001 Page 3 of 5 Agreement between Kitsap County and the Cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo provides a framework for logical and orderly annexations that are consistent with the Growth Management Act; recognizes that retail development near jurisdictional boundaries has an impact on neighboring jurisdictions; and provides for the mitigation of these impacts. There were no comments from the pubfic. #1117 M/S/C/U (Reed/Olsen) Move to approve the attached Interlocal Agreement between Kitsap County and the Cities of Bainbridge Island, Port Orchard, and Poulsbo concerning Revenue Sharing upon Annexation and in conjunction with major Land Use Decisions within a City's Urban Growth Area; and authorize the Mayor to sign. 10B - PUBLIC HEARING AND RESOLUTION NO. 2846, AUTHORIZING THE MAYOR TO EXECUTE FIRST ADDENDUM TO OPERATING AGREEMENT OF THE ADMIRAL THEATER FOUNDATION (#AB01-274): Mayor Lynn Horton pointed out that in 1990 the voters of Bremerton overwhelmingly supported a fifty (50) year contract with the Admiral Theater Foundation in order to operate and manage the Admiral Theater. The City of Bremerton contracted with the Admiral Theater Foundation to renovate and operate the Admiral Theater to promote the arts, community events, and overall economic revitalization of downtown Bremerton. In order to help with operational expenditures the City agreed to fund the Theater with half of its Hotel/Motel Tax funds. This agreement extends the contribution for the life of the voter approved operating agreement. City Treasurer Rich Hanna pointed out that the resolution will formalize the agreement between the City of Bremerton and the Admiral Theater. Troy Summerill, Howard Johnson, was concerned that a majority of the Lodging Tax Fund would be dispersed to this one entity, and respectfully requested that this item be tabled for further study and discussion. Pat Wright believed the Council was being "short sighted" in taking this action, and removing the flexibility of future Councils in responding to a changing economy. He did not oppose the Admiral Theater receiving funds, but was concerned that this agreement provided the funds in perpetuity. Louis Mitchell representing the Bremerton Area Chamber of Commerce, reminded the Council that in the past, they had promised a "large portion" of the Lodging Tax Fund to the proposed Convention Center, and was concerned that the promise would not be possible if such a large portion of the fund was promised to the Admiral Theater. P.J. Lurid representing the Admiral Theater, emphasized the incredible amount of time volunteered to maintain the theater and office. Debra Barnes expressed her support for the Admiral Theater, however, voiced her concern at the amount of money they were guaranteed to receive yearly per this agreement. Nina Hallett suggested that a "set percentage" of the Lodging Fund Tax be allocated to the Admiral Theater, rather than a "set amount". Scott Buckingham agreed that this action before Council was "short s~ghted", and did not agree with the Admiral Theater receiving a guaranteed amount. Mayor Horton announced that the Feasibility Study and Market Analysis for the Conference Center were recently received, which showed that the Admiral Theater will fit into the downtown redevelopment plan which would include hotel, conference, and parking elements. Eventually, revenues from the new hotel would generate funds needed to maintain the theater. Finally, the TAPES #1809 & #1810 City Council Reg. Mtg. Minutes December 12, 2001 Page 4 of 5 current lodging tax fund would not be impacted by this agreement. Eric Younger started out by offering his support for the Admiral Theater, but had serious concerns over the long-term obligation of funding for the theater. Mike Shepherd felt it was the Council's job to make long-term decisions; and elaborated on the origination of the 2% allocation of Lodging Tax funds to the Admiral Theater. Will Maupin clarified that the Admiral Theater belongs to the City, and reminded the citizens that they approved a 50oyear contract with the Theater; that the allocation would be 2% of the Lodging Tax Fund, with a cap at $100,000, and that the funding agreement comes with criteria for regular reviews every five years. Carol Arends stated the City has a responsibility over and above other programs because the City owns the Admiral Theater, and therefore had a responsibility to manage and upkeep the building. Mr. Rollman agreed that a 38-year agreement was cause for concern, so asked the attorney if the language provided adequate safeguards to protect the City. Loren Combs read portions of the agreement to show quite clearly that there are a number of provisions to adequately protect the City. Wayne Olsen reminded the hotel owners that the Lodging Tax was originally 2%, and was later increased an additional 2% specifically for the Admiral Theater, and felt it was unfortunate that "rumors" and "innuendoes" had been spread regarding this subject. He supported this action to support the theater, and encouraged the citizens to support the theater also. Jim Reed provided comments to assure the public that this agreement will be continuously reviewed, but did suggest that the review could take place every three years rather than every five years. TAPE #1810 John Law concurred with the previous comments made by Mr. Younger, and also believed that the Admiral should apply and compete for funds each year along with the other applicants competing for Lodging Tax funds. #0490 M/S/C (Shepherd/Arends) Move to pass Resolution No. 2846, authorizing the Mayor to execute the First Addendum to Operating Agreement of the Admiral Theater Foundation as amended. Voted in favor of the Motion: Shepherd, Arends, Maupin, Reed, Otsen, and Rollman Voted opposed to the Motion: Younger and Law Motion carried: 6-Yes; 2-No Mike Shepherd stepped out of the meeting at approximately 8:00 P.M., and was not available for the following two votes... 11A- PUBLIC HEARING AND ORDINANCE (FIRST READING), AMENDING THE FISCAL YEAR 2001 BUDGET (#AB01-275}: City Treasurer Rich Hanna, stated that this amending ordinance will incorporate all of the adjustments to the budget which have been considered during the year. Additionally, several adjustments presented for Council approval which the Treasurer's office has identified as necessary to assure that the budget properly reflects all of the changes which have been encountered during the year. Each item was identified and reviewed. There were no comments from the public. Mr. Law asked where the additional money for the jail would come from. Mr. Hanna stated virtually no money was received from the prisoners, so unfortunately, the costs would be funded primarily by the taxpayers, TAPES #1809 & #1810 City Council Reg. Mtg Minutes December 12, 2001 Page 5 of 5 #0754 M/S/C/U (Arends/Olsen) Move to approve the ordinance on first reading, amending the fiscal year 2001 Budget. 11B- PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING THE FISCAL YEAR 2002 BUDGET (#AB01-276): City Treasurer Rich Hanna. said that this amending ordinance will incorporate all of the changes to the budget which have been identified since the beginning of the biennium. These changes have been presented to Council and reviewed in study session. Two public hearings have been held to solicit input. This ordinance will adopt all of the presented mid- biennium changes to the budget and will adopt the "Mid-Biennium Budget Review" document by reference. The Council recommendations for dispersing 2001 Lodging Tax funds were as follows: Admiral Theater - $90,000; Peninsula Visitor & Convention Bureau - $15,000; Bremerton Area Chamber of Commerce - $30,000; Bremerton Main Street Association - $25,000; Historical Society - $7,000; and Historic Ships Association - $13,000. Mary Anne Mascianica, Sylvia Klatman, and Louis Mitchell thanked the Council for the funds dispersed to the Bremerton Area Chamber of Commerce. Carolyn McClurkan, Historical Society, thanked the Council for approving the amount they requested from the Lodging Tax fund. Carol Atkinson thanked the Council for their continued support for the Main Street Association. #1245 M/S/C/U (Younger/Reed) Move to approve the ordinance on first reading, amending the Fiscal Year 2002 Budget. At the conclusion of regular Council business, City Council reconvened in the Council Conference Room for a Study Session to discuss the "2002 LEGISLATIVE AGENDA"; followed by a 30-minute Executive Session to "REVIEW LABOR NEGOTIATIONS". The Council meeting was then adjourned at 9:15 P.M. Prepared and Submitted by:/ · /" , L O¢~¥'~M I T H ,'-E~g i'sla tive A~istant P"~ULA O~D~O-~'~Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File