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HomeMy WebLinkAbout08/04/04 TAPES #1962 & 1963 ~ AU6 l B ,~0~4 CITY COUNCIL MEETING MINUTES Wednesday, August 4, 2004 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, August 4, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Rick Beaudry of Calvary Chapel. President Nyqren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 P.M. CONSENT AGENDA A. Check numbers 292470 through 292690; EFT-6337, EFT-6338, EFT-6340 through EFT-6346; EFT-6348 through EFT-6352; EFT-6354; P6346 and P6353; in the amount of $917,568.87 (#AB04-145) B. Minutes of Meeting - July 7, 2004 (#AB04-146) C. Acceptance of two EPA State and Tribal Assistance Grants (STAG) totaling $3,686,000 for Wastewater System Improvements (#AB04-147) D. Contract Award with INSITUFORM TECHNOLOGIES, INC. for "Shore Drive Sewer - 2004 Improvements Project" (#AB04-148) E. 2005 - 2007 Interlocal Cooperation Agreement between Kitsap County and the City of Bremerton to form a HOME Consortium under the National Affordable Housing Act (#AB04-149) #0100 MISICIU (Priest/McConnell) Move to approve the Consent Agenda as presented. MAYOR'S REPORT Expressed his pride over the Grand Opening of the Conference Center, and hopes the economic recovery will continue to improve the City's image. Police Chief Rob Forbes introduced the volunteers from the Explorers unit who took 3rd place in the recent Western Regional Competition in Las Vegas. Lieutenant Tim Lopez discussed the program and acknowledged Lt. Jessica Redenbauqh, Capt. Steven Forbraqd, Lt. Jason Jennin.qs, and Jacob Switzer for this accomplishment. President Ny.qren thanked Geof Hosea for introducing the idea for a "City Pride Program" to the Council, and announced that he would present the award to the winner later in the meeting. 6A- ORDINANCE [FIRST READING] VACATING AN UNDERGROUND PORTION ON THE SOUTH SIDE OF SECOND STREET (#AB04-150): Michael Mecham, City Engineer, pointed out that the City initiated the vacation of an underground portion of Second Street at the corner of Washington Avenue and Second Street. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. The proposed vacated area will be incorporated into the abutting property owned by Kitsap Federal Credit Union. This is a Class ]] right-of-way for which compensation will be paid by the Kitsap Federal Credit Union. TAPES #1962 & 1963 City Council Reg. Mtg. Minutes Wednesday, August 4, 2004 Page 2 of 5 The Kitsap Federal Credit Union recently purchased the parcel of property at the corner of Second Street and Washington Avenue to construct a new credit union office. In order to provide adequate parking for the new building, the credit union is proposing the construction of an underground portion of Second Street right-of-way. Engineering staff, in cooperation with the Legal staff contacted all utility users of the right-of-way to determine the potential impacts of the vacation. There are telephone, electric, and natural gas facilities in the southern portion of Second Street. In the ordinance, easements were retained to accommodate these utilities. As a part of the construction some of these utilities will need to be removed. The utilities can either be placed in the ceiling of the underground parking or be relocated in the northern portion of Second Street. This is a decision that will need to be made during the design of the credit union building. At the conclusion of the construction, Second Street will function as part of the City Street system as it does today. The south half of Second Street will actually be a structural part of the parking lot. The ordinance states that the street shall be constructed in accordance with state and national standards to accommodate the weight of typical traffic. There were no comments from the public. Mr. McConnell asked if the amount of compensation would be available by second reading. Mr. Lubovich answered that the compensation would be about $90,000. Ms. Robinson asked what AASHTO stands for. Mr. Mecham responded that the acronym stands for American Association of State Highway and Transportation Officials. Mr. Lubovich added that the second reading of this ordinance would be heard in two weeks on August 18% #0660 M/S/C/U (McConnell/Arends) Move to approve the attached ordinance on first reading, vacating an area underneath the south side of Second Street, from Washington Avenue westerly to the alley at mid-block. 6B - RESOLUTION NO. 2933 REGARDING THE "DOWNTOWN BREMERTON PEDESTRIAN/BTC ACCESS IMPROVEMENT PROJECT" INITIATIVE (#AB04-151): Roger Lubovich, City Attorney explained that the Citizen's Initiative 101 was certified by the County Auditor's office on July 23, 2004. This initiative petition seeks to prohibit the City from constructing a traffic tunnel as a part of the Downtown Pedestrian/BTC Access Improvements Project in downtown Bremerton. The City Council has three options with regard to the initiative petition. 1 ) Adopt the proposed ordinance as presented in the petition; 2) Submit the initiative to a vote of the citizens; or 3) Not submit the initiative to a vote of the citizens. It is the City Attorney's recommendation that the initiative petition not be submitted to the voters for the following reasons: 1 ) The subject matter of the initiative petition is not a valid subject pursuant to Seattle Building and Construction Trades Council v. Seattle, 94 Wn.2d 740 (1980); 2) The issue presented in the initiative petition is now moot; and 3) Submitting the initiative to a vote of the citizens would be confusing in that the voters may think they have an impact on the tunnel decision. He emphasized that following receipt of the petition the Council must take action within 20 days. He requested that the letter from the State and his memorandum be included as part of the record. TAPES #1962 & 1963 City Council Reg. Mtg. Minutes Wednesday, August 4, 2004 Page 3 of 5 The following made comments in support of placing the initiative on the ballot: Ed Rollman requested that the Council allow the initiative to go forward and that the vote be an advisory vote; Gene David Hart expressed his concerns over spending on this project; E.L. Sturdivant asked that Council Members allow the citizens to have their right to representation; Roy Runyon clarified that people who signed a petition may support progress but also hope for a democratic process to address their concerns over the process; Del Knauss urged Council Members to place this issue on the ballot and to abide by the original agreement; Don Lar,qe also agreed that the people should have an opportunity to vote on the issue; Louis $oriano emphasized that by allowing a vote on this initiative, then the State will have to make a decision on the final project alternative; Paul Drnievic encouraged Council to allow the petition to go forward; Michelle Knauss asked Council to consider the appearance of the State's involvement in the project following receipt of the petition; Jerry Reid was concerned over pedestrian safety in the proximity of the proposed ferry terminal and hoped that both citizens' and state concerns be addressed; and Dave Ross emphasized that it is important that the citizens have an opportunity to vote on the issue and that the vote be an indication of what direction the project should take. The following made comments against placing the initiative on the ballot: Helen Miller questioned the validity of the initiative and petition, and was concerned about the cost of placing this item on the general election ballot; Ed Wolfe and Kyle Kru,qer encouraged the Council to accept the Attorney's legal advice and believed that the project would bring about progress; Richard Hayes, Executive Director of Kitsap Transit explained that the tunnel would benefit both car and bus traffic movement from the ferry terminal; Don Bulman was concerned over the potential for acts of terrorism or the occurrence of an earthquake in the proposed tunnel project; Tim Ryan believed that Council should do what is best for the City and that they should rely on the information that is provided rather than put the issue to the vote; Amy Burnett was relieved that the State would take over this project and that the community would benefit from this project. Mr. McConnell clarified that modifying the petition to read as an advisory vote can not be done under the proposed action tonight. Mr, Lubovich concurred. Mr. McConnell and Mr. Shepherd and Mr. Short asked for points of order, and asked citizens to address the issue of the vote rather than their position on the tunnel project. Mr. Shepherd asked who had jurisdiction over this project at the time the grant was accepted. Mr. Lubovich answered that the Department of Transportation had and still has jurisdiction with respect to projects like in-state highways. WSDOT allowed the City to manage the contract work but, at this time the City does not have the responsibility of oversight. Mr, Shepherd believed that community support is crucial for any future projects to succeed; added that the proposed tunnel project did not go through the Comprehensive Plan review or through public review; supported the initiative process since there are some unanswered questions that need to be resolved; and hoped to offer an amendment to the resolution to allow the initiative to go the ballot. Ms. Johnston cautioned that any amending motion would need to follow the main motion, TAPE #1963 Mr, McConnell supported putting the initiative on the ballot, and suggested that citizens may challenge to place the initiative on the ballot through Superior Court; and was concerned that disallowing a vote on the petition would go against the charter and democratic process. Mr. Maupin stated his agreement with the legal opinion. TAPES #1962 & 1963 City Council Reg. Mtg. Minutes Wednesday, August 4, 2004 Page 4 of 5 Mr. Lubovich believed that given all of the facts, the Superior Court would invalidate a request for the initiative. Mr. Short believed that the project has not been decided and that he also agreed with legal opinion; believed that a better job could be done on informing the public; and he agreed with the point made regarding the "moot argument". Mr. Gehrinq had received a lot of negative public feedback on the tunnel project; had concerns regarding proper process, jurisdiction, and funding; and would like to see the initiative go the voters. Ms, Priest was in support of urban planning and downtown improvements but was concerned about the small number of stakeholders who are making key decisions on a project of large scale. This would send a strong message to the state by placing the initiative on the ballot which she estimated the cost to be about $7,000-8,000. Ms, Arends was certain that this is a lose-lose position no matter what action is taken; she agreed that the information made public has been limited; was frustrated by how the information was released and how the state has been involved; supported the legal opinion; clarified that both options are being discussed and no final decision has been reached; and lastly, the statements and petition should be kept as part of the record/on file until the issue is resolved. Ms. Robinson was pleased that the state was taking over the project; and agreed with the legal opinion. Mr. Nyqren supported the resolution and agreed with legal opinion; and added that if the resolution passed, then citizens would be able to appeal the decision of the Council in Superior Court. #0690 M/S/C (Maupin/Robinson) Move to pass Resolution No. 2933 electing not to submit the initiative to a vote of the citizens. Vote in favor of motion: Robinson, Arends, Maupin, Shod, Nygren Vote against the motion: Priest, Shepherd, Gehring, McConnell Motion carried: 5-Yes; 4-No The Council recessed at 7:25 P.M. and reconvened the business meeting at 7:42 P.M. PUBLIC RECOGNITION Geof Hosea presented the City Pride Program Award to Patricia Trapp. Kyle Kruqer announced that the Outdoor Public Market is held on Wednesday nights from 4:00 to 9:00 P.M. near Evergreen Park. COUNCIL MEMBER REPORTS Mike Short was glad to be back after an extended absence. Will Maupin spoke about the Grand Opening at the Conference Center, "Bremerton Night Out" in Westpark, and the Japanese Exchange Program. Carol Arends also attended the Grand Opening of the Conference Center and Bremerton Night Out. Dianne Robinson enjoyed being the MC for the Children's Recreation & Art in the Park Festival at Evergreen Park last week; advised the public to check out the summer programs being provided by the Parks Department; and discussed the Community Recreation Program, Summertime Playground Program, and Camp Sparky Program that are currently being offered. TAPES #1962 & 1963 City Council Reg. Mtg. Minutes Wednesday, August 4, 2004 Page 5 of 5 Mike Shepherd reminded the public that if ticket books are purchased by the end of August, there is a $2 a savings per trip on passenger-only ferry service, and that more information may be obtained by going to the following website: http://wwwkitsapferryco.com. Wendy Priest commended the Parks Department for all of the programs that are being provided to children; and announced that the next Peanut Butter & Jam Session would be Wednesday, August 11th from 11:30 A.M. to 1:00 P.M. at the Gazebo Park located on the corner of 4th & Washington. Cecil McConnell if any citizens have questions regarding utility bills and tax audits they may call the Clerk's Office at 478-5311; and commented on the rounds of golf he played with the Japanese delegation. Brad Gehrinq provided positive citizen comments regarding Gold Mountain Golf Course; invited the public to the Eastside Community Fair on Saturday, August 21st from 10:00 A.M. to 4:00 P.M. at Lions Field, which would include refreshments, and bike and scooter safety checks; and announced the Blackberry Blues Jam to be held at the Admiral Theater on Saturday, August 28th starting at 7:00 P.M. with a Motorcycle Show starting at 4:00 P.M. Daren N¥.qren displayed the executive clock that was presented earlier during a gift-exchange ceremony to the City Council from Mr. Nakata of the Kure, Japanese delegation. With no further business, the meeting of the City Council was adjourned at 8:03 P.M. Prepared and Submitted by: CHRISTINE GRENIER ELLIN~SON Council Assistant Attest: _ ~ .~ PAOLA JO~-IN,~"~I~, ~n~erim -City Clerk DAREN NYGREN, City (~u~cil President City of Bremerton DNIP JIIslcge