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TAPES #1681 & #1682
CITY COUNCIL MEETING MINUTES
January 26, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4'h Street, Bremerton, Washington, Wednesday, January 26, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Conrad Esser,
David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council
member Jim Reed was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk
Paula Johnston, and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council President Arends, followed by the
invocation, given by former Council Member AI Colvin.
President Arentis made the following announcements:
(1) City Council held a Pre-Council Session in the Council Conference Room to discuss general
Council business; followed by a 10-minute Executive Session to discuss "Litigation"; and
(2) Items 9(B), 9(F), and 11(A) were pulled from the Agenda; and Item 11(B) has been added.
CONSENT AGENDA
A. Minutes of Meeting - January 5, 2000 #AB00-013
B. WTSC Bicycle and Pedestrian Safety Project and Grant #AB00-014
C. Vest Partnership 1999 Supplemental Funding #AB00-015
#0033 M/S/C/U (McConnell/Farr) Motion 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.
#0041 M/S/C/U (Law/McConnell) On January 26, 2000, the Council does approve for payment as
follows: 238001; 238019 through 238272; and EFT 5788 in the amount of $838,584.95; and Regular
Payroll for the period ending January 15, 2000 in the amount of $772,902.61.
COUNCIL MEMBER REPORTS
Mike Shepherd reported on the "lively discussion" lead by Cris Gears and Mayor Horton regarding
the proposed "Recreation Center' at the District 5 Meeting held January 20th' He also thanked Scott
Rappleye for his informative presentation on "Fire Prevention". He briefly reported on his recent work
with other jurisdictions on the listing of salmon as endangered species in Puget Sound and Hood
Canal, and urged citizens to attend the Public Hearing on this issue March 29, 2000.
Ed Rollman responded to complaints from citizens regarding the incomplete paint job on the
Downtown Library. He discovered that Mike Momany is the contact person for this project, and that
there is paint to complete the job, but they are waiting for warmer weather. He urged interested
volunteers to call 373-7369, or if they had information on obtaining the use of a "JLG" man-lift. Lastly,
he announced his first District 4 meeting to be held Friday, February 18, 2000 in the Community
Development room at the Washington Mutual Bank Building, from 7:00 to 9:00 P.M.
Cecil McConnell announced the first meeting of the "East Side Business Association" tomorrow night
at the Kings Table Buffet Restaurant beginning at 7:00 P.M.
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City Council Reg. Mtg. Minutes
January 26, 2000
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President Arends presented a $2,260.check on behalf of two local businessmen, (Jim Caps, owner
of Rainier Auto Repair, and Aaron Caps, President of Thomas Lincoln, Mercury, Nissan), for a new
alarm system, as well as the installation costs, at the Scout Hall at Forest Ridge Park in response to
numerous break-ins. Cris Gears, Parks & Recreation Director accepted the check for the Mayor,
and expressed his appreciation for the support from these local businessmen.
LEGISLATIVE REPORT- There was no report this evening.
PUBLIC RECOGNITION
Don Atkinson provided additional information on the new "East Side Business Association", and
reported that Randy Witt, the City Engineer, would be the special guest for the first meeting, and that
Cris Gears, Parks & Recreation Director, would be the scheduled guest for next month's meeting. He
encouraged members from the business community as well citizens at-large to attend.
Jeff Turine asked that an exception to the Council Rules & Procedures be allowed to express his
opinion on the proposed Recreation Center. Glenna Malanca, City Attorney, advised him that
Council rules clearly prohibit discussion of an item already on the Agenda during the Public
Recognition portion of the meeting. She stated he could wait until the item was up for discussion, or
state his concerns in a letter addressed to the Council to be included as part of the record.
Susan Brown described a recent opportunity she had to observe first hand, the ruling by the
Supreme Court on the Chinook Ferry issue, and the many facts she learned regarding the ferries.
MAYOR'S REPORT
Mayor Horton presented a plaque to "Evergreen Upholstery' as the first place winner in the holiday
window-decorating contest sponsored by the City of Bremerton and the Bremerton Chamber of
Commerce. She also acknowledged H. Emily Moshay and Susan Souza for their assistance in
organizing this event. Lastly, the Mayor reported that she has been testifying the last few weeks in
Olympia for the passenger-only ferry service, and will be going back again to hear the SEPA
requirements for the Chinoook-class ferry, and to attend the rally for passenger-only service.
9A - US DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT. #AB00-016
Tim Sholtis, BPD Administrative Support Manager, stated that Bremerton was awarded $47,851.00
from the U.S. Department of Justice through the LLEBG formula program. The funding is for police
vehicle purchases. The City has a cash match of $5,317.00 over the grant period of October 1, 1999
to September 30, 2001.
There were no questions or comments from the public.
#0570 M/S/C/U (Shepherd/Law) Motion to approve acceptance of this local law enforcement block
grant, and comply with the special conditions according to grant administration.
9B APPOINTMENT OF TONY THOMAS TO THE SOLID WASTE MANAGEMENT COMMITTEE.
ffAB00-017 ITEM WAS PULLED FROM THE AGENDA.
9C - INTERLOCAL AGREEMENT REGARDING SOLID WASTE DISPOSAL VENDOR
SELECTION, #AB00-018
Kathleen McCluskey, Administrative Services Director, summarized that the county and cities have
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City Council Reg. Mtg. Minutes
January 26, 2000
Page 3 of 6
cooperated in developing and implementing the County's comprehensive solid waste management
plan. Olympic View Sanitary Landfill is the only operating municipal solid waste !andfilll in the county,
and is projected to reach capacity within the next three to five years. In anticipation of the closure of
this landfill the parties to this agreement desire to cooperate to procure long term transfer station and
solid waste disposal services.
This Agreement provides for: 1) A joint board comprised of elected officials or their designee's, to
provide advice on various matters in the vendor selection process, participate in the selection process
and to confirm the procuremerit administrator's recommendations of one or more vendors; 2) The
county will continue to manage the solid waste plan and oversee and implement programs; and 3)
Cities will commit to directing their solid waste to the selected vendor (to the extent they can do so
legally under the terms of existing contracts).
In order to procure services at a competitive price, the coordination of disposal of all solid waste at
the selected disposal site is necessary. This agreement is proposed for 25 years however there are a
number of termination options. 1 ) The agreement may be terminated by a majority vote of all parties
after five years from the date of execution. 2) An individual city may withdraw after five years. 3) Prior
to the execution of a contract for transfer station and solid waste disposal services between the
parties and a vendor a city may withdraw from this agreement by giving 30 days notice. The
above opt outs are conditioned upon preparing and securing our own Ecology approved solid waste
management plan and upon meeting any responsibilities, financial or other, at the time of withdrawal.
In order to move forward with the procurement process it is recommended that this interlocal
agreement be approved.
Don Bulmon asked if there would be more than one vendor providing service. Ms. McCluskey
responded that is yet to be determined.
Mr. Law asked why a "25-year" agreement was being proposed. Gretchen Olsen, from Kitsap
County Public Works, stated that the "25-years" was based on requirements by the Department of
Ecology to plan for disposal for all the waste in Kitsap County in a minimum 20-year planning period.
The additional 5 years was added in case it took awhile to "get something going", but clarified it was
possible that the contract could end up being negotiated for 20-years rather than 25-years.
#0865 M/S/C/U (Shepherd/McConnell) Motion to approve Interlocal Agreement regarding Solid
Waste Disposal Vendor Selection Process.
9D - LAND LEASE AGREEMENT WITH KITSAP SQUARE DANCE ASSOCIATION. #AB00-019
Kathy McCluskey, Administrative Services Director, reported that the Kitsap Square Dance
Association (KSDA) has occupied the three-acre tract of utility land on the Old Bellair Highway since
t969. KSDA built the existing square dance hall and has maintained the hall, grounds and RV hook-
ups throughout the years. Currently, the City and KSDA are on a month-to-month extension of a
lease that was negotiated in 1988. The land lease agreement being proposed has the concurrence of
KSDA and contains the following elements: 1) Three year term with a 180-day termination clause; 2)
Recognition that KSDA retains ownership of the building and improvements until termination of the
lease, thereupon, the City automatically gains ownership of the entire premises with no purchase
costs; 3) Annual rent for the use of the land is at $850 based upon market value of the land less
KSDA contributions for upkeep; and 4) Leasehold tax based upon the land rental in the amount of
$530 per year to be paid by KSDA. KSDA will be directly responsible for property taxes on the
building and improvements since they retain ownership of these.
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City Council Reg. Mtg. Minutes
January 26, 2000
Page 4 of 6
Ms, McCluskey further explained that State law requires that the City receive full market value for
leases with either individuals or entities, for both land and facilities. Each lease must be reviewed to
see if it meets the standards for an exception to this rule, and if they do not, full value must be
assessed to the users of the lease. In this case, the City owns the land, and KSDA owns the
building. She reported they do a very nice job of keeping up the site.
Tracy DiGiovanni, Attorney representing KSDA, felt this agreement was fair for all involved parties.
There were no questions or comments from the pubtic.
#1080 M/S/C/U (Farr/Olsen) Motion to approve the land lease agreement with Kitsap Square Dance
Association and authorize the Mayor to execute the said agreement.
11A CLOSED RECORD HEARING ON APPEAL OF PLANNING COMMISSION DECISION TO
ALLOW TO STAND BUILDING PERMIT 99-051 FOR A GARAGE AT 1409 MADRONA POINT
DRIVE: APPLICANT: DON HOLTZ: APPEALANT: R. WES HENRY. SR., #AB00 022
ITEM WAS PULLED FROM THE AGENDA
11B - REFER BACK TO PLANNING COMMISSION ITEM #PL99-0083 ON DECISION TO ALLOW
TO STAND BUILDING PERMIT 99-051 FOR A GARAGE AT 1409 MADRONA POINT DRIVE;
APPLICANT: DON HOLTZ: APPEALANT: R. WES HENRY, SR., #AB00-022
A Planning Commission decision of October 19, 1999, on a Type I Administrative Decision was
appealed to the City Council. A tie resulted at the hearing before the Planning Commission. The
Bremerton Municipal Code provides that Type I Administrative decisions may be appealed to the
Planning Commission for a final decision. An appeal of the Planning Commission's decision to
Superior Court is available. Since the City Council does not have jurisdiction to hear this appeal, it is
recommended that this matter be referred back to the Planning Commission for further consideration
per the commission's Rules and By-laws relating to tie votes by the Commission.
Due this being a Quasi-JUdicial Public Hearing, President Arends asked if any Council member
believed their participation would conflict with the Appearance of Fairness Doctrine, and if so, they
should be excused. She further asked if any member of the public believed if any Council members
should excuse themselves due to a conflict with the Appearance of Fairness Doctrine. All Council
members remained seated.
There were no questions or comments from the public.
#1308 M/S/C/U (McConnell/Olsen) Motion to refer Planning Commission Item PL99-0083 back to the
Planning Commission for entry of a written decision after continuation, and further consideration, of
the October 19, 1999 hearing on Appeal of Building Permit No. 99-0151 for a garage at 1409
Madrona Point Drive.
9E - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF RESERVOIR NO. 4
MODIFICATIONS, #AB00-020
Tom Knuckey, Senior Engineer, explained that qualifications of four consultants from the City's
consultant roster were reviewed and evaluated for the design of the Reservoir No. 4 Modifications
Project. Montgomery Watson was identified has having a demonstrated ability in planning and design
of water systems including water transmission, water storage, pump systems, reservoir liners and
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City Council Reg. Mtg. Minutes
January 26, 2000
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reservoir covers. The scope of work includes pre-design evaluations, design, and limited construction
services for the Reservoir No. 4 Modifications project. The consultant's fees for this work are
$125,662. The requested action before the City Council is approval of an agreement for professional
services with Montgomery Watson.
There were no questions or comments from the public.
#1400 M/S/C/U (Shepherd/Farr) Motion to approve a professional services agreement for design of
Reservoir No. 4 Modifications with Montgomery Watson in the amount of $125,662 and authorize the
Mayor to execute the same in accordance with City policies and procedures.
QF ANIMAL CONTROL CONTRACT, fIAB00-021 ITEM WAS PULLED FROM THE AGENDA
10A - ORDINANCE (FIRST READING) ESTABLISHING A SPECIAL ELECTION DATE OF MAY
16, 2000 FOR A PARKS & RECREATION BOND, #AB00-007 (Postponed from January/12 & 19,
2000)
Mayor Hotton reported that at the meeting of December 22, 1999, the City Council passed (on first
reading) an ordinance establishing a special election date of March 14, 2000 for a Parks and
Recreation bond. After discussing this matter further with members of the citizen based Y2R
Committee it was recommended that the Special Election be re-scheduled to May 16, 2000. This
change in election date will allow Y2R Committee members and City staff to spend more time with the
public to ensure that the City's voters are fully informed about the proposed Parks and Recreation
projects prior to the election. Cris Gears, Parks & Recreation Director, further added that the Site-
Selection Task Force will hold a Public Meeting on Monday, January 31, 2000 here in the Council
Chambers at 5:30 P.M. to solicit public input, and that additional public meetings on this topic will
continue in the following months prior to the vote. He asked that any group interested in scheduling a
presentation should call the Parks Department at 478-5305 or the Mayor's office at 478-5266.
Don Bulmon asked if the ballot would specify "downtown" as the location. H. Emily Moshay asked
the public to not ask for a specific location until all the facts were in.
John Becket discussed the financial aspects of the issue, and recommended that the City wait until
the November General Election, so there would be no ballot costs. Elizabeth Buell agreed about
waiting until the General Election in November, and also asked "how much" the proposed Center
would cost, and were the taxpayers going to pay for it. Larry Dickerson stated that in light of 1-695,
he also felt the City needed to consider the extra costs for a special ballot.
Gary Gartin was curious why this item was being placed on the ballot at all, with so many
unanswered questions.
Mr. Gears clarified that this is a "citizen based' project, not "City-driven", and that any delay in the
vote, would delay the project by one full year, which could add thousands of dollars in expense to the
project. He stated there is an abundance of information that has not yet been released to the public.
Ruth Natividad asked if the location of the Center would be included on the ballot, and if not, asked
for a commitment from the Council to include a location before it went to a vote. Mr. Gears stated
that the proposed language for the ballot was included in the Council packet, and that it did not
address the location. Mayor Horton suggested a Resolution to solidify the location.
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City Council Reg. Mtg. Minutes
January 26, 2000
Page 6 of 6
Mr, Esser stated he was not opposed to the idea of a Recreation Center, but supported waiting until
the General Election in November to save money and also allow more time for studies to obtain facts.
He also asked the cost to taxpayers. Mr, Gears responded approx. $85 to $90 per year for the
owner of a $100,000 house (about 85-cents per thousand dollars of value.
TAP E #1682
Mr. Farr believed that enough information would be presented between now and the election, and
pointed out that this vote would be to ask voters to approve the "concept", and did not feel that money
should be spent on further studies until the voters approve this first step.
Mr. Law voiced his concerns that a location was not specified, and asked if any other government
agencies would have an item to share the ballot. Mr. Gears stated that no group has contacted the
County Auditor inquiring about placing an item on the ballot.
Mr. Olsen clarified there is always a cost to place an item on the ballot, even in the General Election,
and also suggested that anyone who had additional questions could attend the Monday night Public
Meeting on January 31, 2000.
Mr. Shepherd asked the percentage of voters required, and observed that there is no legal definition
of "downtown". Mr. Gears responded that the requirement is the total number of voters participating
in the election must be at least 25% of the number of voters that participated in the previous General
Election. If the 25% threshold is not reached, then the entire election is invalidated. Out of the 25%,
a minimum of 60% of those voting must vote in favor of the bond or it fails. Mayor Horton clarified
that historically "downtown" is defined as the central business district with boundaries east of Warren
Avenue and south of 6th Street.
Mr. McConnell stated he could not support this ordinance until questions about land costs were
answered. Mr, Gears responded that the site location would impact the original estimate of $16.5
million, but did not feel the impact would be dramatic since they were not talking about a significant
piece of land. He estimated a possible difference of a half million dollars one way or the other.
#0427 M/S/C/U (Farr/Olsen) Motion to approve ordinance on first reading, provided that the location
be specified in the ballot language for second reading.
Vote on motion: in favor: Olsen, Law, Shepherd, Farr, Arends
Opposed: Esser, McConnell, Rollman,
With no further business meeting adjourned at 7:10 P.M
CAROL ARENDS, City Council President
City of Bremerton
PJ/CA/Is
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