Loading...
HomeMy WebLinkAbout05/29/02TAPES #1835 & #1836 UNAPPROVED DRAFT ~ CITY COUNCIL MEETING MINUTES JUN ! 9 Z00Z May 29, 2002 The weekly meeting of the City Council of the City of BremertOn was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, May 29, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Ceci/JVlcConnell, followed by the invocation provided by Deacon Roy Mclnnis of Sinclair Missionary Baptist Church. President Arends made the following announcements: (1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference Room to discuss general Council business from 5:00-5:30 P.M.; and (2) There will be two Executive Sessions immediately following the regular business meeting of the Council to discuss "PENDING LITIGATION"; and to "REVIEW LABOR NEGOTIATIONS". CONSENT AGENDA A. Minutes of Meeting -May 8, 2002 (#AB02-101) B. Minutes of Meeting - May 15, 2002 (#AB02-102) #0040 MISICIU (McConnell/Rollman) Move to approve 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. #0065 M/S/C/U (Younger/McConnell) On May 29, 2002 the Council approved payment for those vouchers included and further described as follows: EFT-7091, and Check numbers 271312 through 271471 in the amount of $305,351.30; and Retiree Payroll in the amount of $129,616.21 for the pay period ending May 31,2002. COUNCIL MEMBER REPORTS Wayne Olsen was honored to attend the Law Enforcement Memorial Ceremony at Evergreen Park on Friday, May 24, and thanked Chief Rob Forbes for doing an excellent job with the program. Cecil McConnell announced the next District 1 & 2 Town Meeting would be held Tuesday, June 11th starting at 7:00 P.M. at the Sheridan Park Recreation Center to discuss "Is Your Neighborhood Safe?" Ed Rollman provided updates to several issues brought to him by constituents. Mike Shepherd reported that he forwarded several constituent concerns to Departments for a response; reported on a recent visit by his parents; and the Memorial Day Service at Ivy Green Cemetery. Will Maupin thanked the residents of Districts 8 & 9 for attending their neighborhood meeting last week, and thanked Mayor Bozeman for his informative presentation. Mike Short announced the upcoming World Changers event from July 29th to August 2"d that will include volunteer renovation of 25 homes in the Bremerton area, For more information, people may contact Madlyn Waibel of the Planning Department at 478-5375. He also reported on his attendance at the Law Enforcement Memorial Service; and thanked Officer Cronk for taking him on a "drive around". Carol Arends reported on her attendance at the Law Enforcement Memorial Service. TAPES #1835 & #1836 City Council Reg. Mtg. Minutes May 29, 2002 Page 2 of 6 MAYOR'S REPORT Mayor Bozeman provided a packet of information to the Council and summarized the following items: · Bremerton awarded UPAR grant · Comparison Chart for Kitsap County Residential Utility Rates · A list of the Top Ten Sales Tax Payers for the period ending May 2002 · The Bremerton Fire Department's 100th Anniversary Celebration · Introduced a new brochure advertising downtown Bremerton's Arts District · Articles in the Seattle Times & Olympic Olympian newspapers recognizing Bremerton's Economic Development PUBLIC RECOGNITION Charleen Burnette, Public Access Manager, announced the "3'~ Annual BKA T Emmy Awards" ceremony at the Silverdale Community Center on Friday, May 31, 2002 beginning at 6:30 P.M. Pamela Cruise Buckingham pointed out that the curbing on 4~ Street is being waxed by skateboarders who come after hours. She suggested that the area be patrolled and that the City consider building a skateboard and BMX park like other neighboring cities. 8A - AGREEMENT WITH NAVAL MEMORIAL MUSEUM OF THE PACIFIC FOR OPERATION OF THF BREMERTON NAVAL MUSEUM (#AB02-'103): Kathleen McCluske¥, Administrative Services Director, pointed out that the City has contracted for many years with the Naval Memorial Museum of the Pacific, a non-profit organization to manage and operate the Bremerton Naval Museum. The Museum artifacts are on loan to the City from the U.S. Navy. Then Museum is operated by an all volunteer staff. The museum will move to an interim location in the Amy Burnett Gallery on June 1, 2002 pending a move to Building 50 in the Maritime Park within the next two years. The museum receives revenue from donations and sale of items in the gift shop. The non-profit organization pays the rent for their space, and the city is obligated for payment of water, sewer, gas, and electricity which is estimated to cost approximately $500 per month. The volunteers keep the museum open all year- seven days per week during the summer and five days per week during the rest of the year. It was pointed out that the City receives a tremendous amount of value from this contractual relationship. There were no comments from the public. #0625 M/S/C/U (McConnell/Rollman) Move to approve operating agreement with the Naval Memorial Museum of the Pacific for the period January 1, 2002 through December 31, 2004. 8B - PHASE ]1I PROJECT AGREEMENT BE'I'WEEN THE CITY OF BREMERTON AND THE KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY (#AB02-104): Mayor Bozeman stated that tasks under the prior project agreements have been completed to the satisfaction of the parties, and the parties now wish to have the Kitsap County Consolidated Housing Authority (KCCHA) proceed with additional tasks related to developing the office bUilding as part of the phase E[ of the project. It is requested that Council authorize the Mayor to sign the Phase m Project Agreement between the City and KCCHA, subject to modifications and approval by the City Attorney. There were no comments from the public. Mr. Rollman provided comments in support of the agreement, but suggested that a parking study by done. Mr. Maupin also provided Comments in support of this agreement. #0790 M/S/C/U (Olsen/McConnell) Move to authorize the Mayor to sign the Phase ITl Agreement subject to modifications and approval by the City AttOrney. TAPES #1835 & #1836 City Council Reg. Mtg. Minutes May 29, 2002 Page 3 of 6 9A - RESOLUTION NO. 2859, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR AN AQUATICS LANDS ENHANCEMENT ACCOUNT PROJECT TO THE DEPARTMENT OF NATURAl RESOURCES (#AB02-105): Jodi Wroblewski, Parks Department Administrative Analyst, announced that the City of Bremerton has embarked upon a downtown plan and development that envisions a renovation to the entire area. Parks and open space are a critical component in achieving this vision. To that end, the Navy is giving the City the property directly west of the Bremerton Transit Center to develop into a park. The north end will house the Naval Museum and the rest of the area will be developed into a downtown waterfront park that will enhance the entrance to the City. In order to fund the development of the park portion, the City wishes to apply to the Department of Natural Resources for an Aquatic Lands Enhancement Account project grant. The total development for the park portion of the project is estimated to be $1,974,959. The ALEA grant request will be for a maximum of $9878,480. The match (balance of funding) will be coming from City funds, and hopefully other grants (e.g. Interagency of Outdoor Recreation grant submitted May 1, 2002). There were no comments from the public. #0915 M/S/C/U (Rollman/McConnell) Move to adopt Resolution No. 2859, authorizing the application for an Aquatic Lands Enhancement Account funding assistance to the Department of Natural Resources for the development of Maritime Park. 9B - ORDINANCE NO. 4805 (SECOND READING)~ AMENDING CHAPTER 2.04 OF THF BREMERTON MUNICIPAL CODE (BMC) RELATING TO CITY COUNCIL MEETINGS AND PUBLICATION OF COUNCIL SALARY SCHEDULES (#AB02-100): The first reading of the ordinance was heard at the Council meeting on May 22, 2002. There were no comments from the public. #0965 M/S/C/U (Shepherd/McConnell) Move to pass Ordinance No. 4805 on second reading. 9C - ORDINANCE (FIRST READING) AMENDING BMC CHAPTER 21.02 (ZONING CODE) BY PROVIDING THE REGULATORY MEASURES ALLOWING FLEXIBILITY AND DESIGN INNOVATION WITH REGARD TO SETBACKS AND LANDSCAPING REQUIREMENTS (#AB02-'106): Jim Svenson, Planner with the Community Development, summarized that there are situations when the strict application of the development standards articulated in the zoning code does not promote innovative design and allow land use that best serves the public interest. There is a need for provisions in the Code that will, after careful analysis, allow the Director of Community Development the ability to apply administrative discretion with regards to development standards pertaining to setbacks and landscaping. The Planning Commission has reviewed a similar proposal, which was entitled a "Plan-In'Lieu", conducted public hearings, adopted Findings & Conclusions at a March 29, 2002 meeting, and recommended City Council approval. Subsequently, an administrative (Type 1) process pertaining only to setbacks and landscaping will better serve the public interest. The Council must conduct a public hearing prior to its final decision and action on the proposed ordinance in order to implement the zoning text amendments. There were no comments from the public. #1110 M/S/C/U (McConnell/Short) MoVe to approve the attached ordinance on first reading. TAPES #1835 & #1836 City Council Reg. Mtg. Minutes May 29, 2002 Page 4 of 6 9D - ORDINANCE (FIRST READING) REGARDING ANIMAL CONTROL CONTRACT WITH KITSAP HUMANE SOCIETY AND AMENDING TITLE 7 OF THE BREMERTON MUNICIPAL CODE (#AB02- 107): Police Chief Rob Forbes, said that the City Administration has been working with the Kitsap Humane Society for over six months developing a revamped Animal Control Title and related contract for animal control services for the citizens of Bremerton. This proposal includes several elements of change: 1) The Kitsap Humane Society will provide all animal control services including 2 FTE patrols for impoundment/rescue, facilities for intake, kenneling, licensing, adoptions and education; 2) Dangerous dog laws have been clarified and the hearing process streamlined; 3) License fees for un-neutered dogs and cats will increase to $35 per year; 4) Direct costs will increase $40,000 per year from the present city program but include capital facility needs that the City needs to address if the City retains animal control. Gene Nelson provided a brief history of Animal Control from his term as Mayor; read a list of several questions relating to the services provided in the contract; and expressed his concern that Animal Control would revert back to past practices which may not best serve the community and that the contract might allow some issues to be ignored such as removal of dead animals in the street. Police Chief Rob Forbes, Assistant City Attorney Simon Stoker, and Deputy City Clerk Paula Johnston addressed all issues raised by Mr. Nelson. Chris Nordleaf stated that although the Kitsap Humane Society does a wonderful job, she was concerned that the City of Bremerton was unique in terms of its need for these services due to the renter-ship and the abundance of animals that may be left behind when people move from the area; and urged the Council to consider the issue of accountability of Kitsap Humane Society to the City if this change were to occur, to research the amount of revenue the City may lose before "giving away" Bremerton's Animal Control. Tammy Coldber,q, a volunteer for City Animal Control and the "Rescue Every Dog" (RED) organization, reiterated the concern that the Council thoroughly research all options before making this decision. Dou.q Wakefield, Animal Control Committee Member, agreed with the complexities of this issue, but feels confident that this proposal would most effectively serve the citizens of Bremerton. Joe Labady expressed his opinion that this proposal would be a "huge mistake". Donna Barr spoke of additional issues such as "puppy mills" and other abuse to animals, in addition to the unique-to-Bremerton issue of abandonment of pets by members of the military. Winton Read with the Kitsap Humane Society, discussed further details in support of the proposal. Mary Griffin Russell agreed with the previous comments for the Council to research this issue, and hoped this was not a "done deal". Earl Nelson wanted less emphasis on "animal welfare" and more emphasis on "people welfare"; asked how this proposal addressed the problem of barking dogs; and closed by expressing his opinion that the City should retain an Animal Control Department. Simon Stocker expounded on language contained in the ordinance which addresses the issue of barking dogs. Mr. Read added that any animal causing a threat would be immediately addressed by the City's Police Department. Chief Forbes emphasized that Police Officers would still respond to late-night calls regarding barking dogs. Mr. Nvaren and Mr. Short both served as members on the Animal Control Committee, and offered assurances that all of the issues were discussed thoroughly. Each expressed confidence in their decision to support this proposed contract, and emphasized that it was a trial basis, with the opportunity for a 6-month review. TAPES #1835 & #1836 City Council Reg. Mtg. Minutes May 29, 2002 Page 5 of 6 Mr. Shepherd inquired if the Kitsap Humane Society uses cat traps and if they pick-up of the cats. Mr. Read responded yes. Mr. Shepherd asked if the Kitsap Humane Society is currently approved for FEMA emergency response. Mr. Read answered that the Kitsap Humane Society is a member of Kitsap Animal Rescue Teams which is controlled by Kitsap County Department of Emergency Management and FEMA, and that Kitsap County is FEMA certified and in turn registers individuals as disaster workers. Mr. Shepherd also asked if the Kitsap Humane Society currently conducts active enforcement or simply responds to complaints. Mr. Read stated that enforcement is complaint-based, but emphasized that the Kitsap Humane ,Society would work closely with local law enforcement to look at high incidence areas. Mr. Shepherd then asked if Kitsap Humane Society routinely applies for grant funding. Mr. Read responded yes. Mr. Shepherd stated that this community is unique with respect to its transient population and pointed out that responding only to complaints is not necessarily an approach that will benefit the community. TAPE #1836 Mr. Rollman thanked everyone who was involved in bringing this contract forward and asked if the committee had considered the issue of privatizing the collection process. Mr. Read answered that collection and the checking of pet licenses was not part of the agreement, and that fines would be levied by the Municipal Court system. He further explained that in most jurisdictions, compliance is voluntary and that enforcement is problematic and time consuming. Mr. Rollman asked for clarification on the nature of future audits of the organization. Mr. Read responded that financial audits would be conducted in the future not performance audits. If other attributes of service need evaluation, then the organization would work with Council to develop standards to be considered for review. Ms. Johnston added that the working relationship between the City and Kitsap Humane Society would be reviewed in January 2003 and that his concerns could be better addressed at that time. She reiterated that revenue has been historically consistent with respect to license fees and revenue from those license fees is passed directly to the City. Mr. Read stated that the ordinance allows for an additional change to improve the system would include making pet shop operators collect the license fee upon sale of an animal and providing documentation to the Kitsap Humane Society which provides another opportunity to people to license their pets. Mr. Olsen thanked all of the citizens for coming forward with their input tonight in favor or against contracting out animal control services. He expressed concern over the proposed practice of "canvassing", which has been found to not be very effective in other cities. He emphasized that we should rely on the people's honesty in licensing their pets. Mr. Nvqren recognized the concern over past performance in dealing with animal control issues and is willing to look at the performance of the Kitsap Humane Society to see if that organization is living up the agreement and meeting the needs of the people. Mr. Younger commented that there are probably many animals in the City that are not licensed, and that licensing those animals could allow the program to pay for itself easily. He therefore suggested that the issue should be addressed in the future. Mr. Maupin explained that he understood that there is disagreement on which party should perform the services but we need to consider who can do the job and best improve the quality of the services provided to the people. President Arends has reservations on this issue; thanked the committee for their efforts; and TAPES #1835 & #1836 City Council Reg. Mtg. Minutes May 29, 2002 Page 6 of 6 emphasized that this ordinance will go to second reading so input can be considered prior to making a decision. Mr. McConnell has been in support of contracting out animal control services to free up Police Officers for more important duties. #0570 MISICIU (Short/Olsen) Move to approve ordinance replacing Title 7 Animal Control of the Bremerton Municipal Code on first reading as amended. Voted in favor of Motion: Short, Olsen, McConnell, Nygren, Younger, Maupin Voted opposed to this Motion: Rollman, Shepherd Abstained: Arends Motion carried: 6~Yes; 2-No; l-Abstention Council reconvened following the Executive Session regarding "Pending l,itigation"... Mr. l_ubovich summarized the settlement agreement and the following motion was made and passed unanimously... #0619 MISICIU (Short/Maupin) Move to authorize the City Attorney to finalize and execute a settlement agreement with Puget Sound Energy, Inc. (PSE) in the PSE General Rate case pending before the WUTC Docket Nos. UE-011570 and UE-011571 PSE2 relating to City relocation and underground conversions upon terms substantially similar to the negotiated Schedule 71 which is hereby made part of the record. Furthermore, upon the WUTC approval of the negotiated schedule 71, the City Attorney is authorized to dismiss the appeal of the initial underground case PSE1 pending before the Thurston County Superior Court, Case Numbers 02-2-00341-6 and 02-2-00774-8. At the conclusion of the regular business meeting, the City Council reconvened in the Council Conference Room for and additional Executive Session to "REVIEW OF LABOR NEGOTIATIONS". With no further business, the Council meeting was adjourned at 8:00 P.M. Prepared and Submitted by: Council Liaison Attest: ---. /'~ 'r~l~.-J"'~[-i~ ~N~ Deputy City Clerk //? CAROL ARENDS, City Council President City of Bremerton CNPJIIslcge c: Normal Distribution; File