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HomeMy WebLinkAbout09/09/98 TAPE #1567 & #156, CITY COUNCIL MEETING MINUTES SEPTEMBER 9, 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 9, 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 present 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 Peter Webster of Westpark Christian Church. President Farr made the following announcements: (1) The City Council held a General Pre-Council Study Session, including a discussion on fluoride. He briefed the public on what process has taken place to-date on the fluoride issue, and discussed the possibility of a Resolution to place this item on the February ballot. (2) The City Council will hold a Study Session immediately following the City Council Meeting, to be held in the City Council Conference Room, to discuss the "Gorst Sewer Proposal" with George Mason of the Kitsap County Public Works Department. CONSENT AGENDA A. Minutes - August 26, 1998 #AB98-198 #0177 MISICIU(McConnell/Montgomery) 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. 1fffi198 MISICIU(Montgomery/Arends) On September 9, 1998, the Council does approve for payment those vouchers included and further described as follows: 223452 through 223597 in the amount of $746,140.21. TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 2 of 10 COUNCIL MEMBER REPORTS Mr. Reed commended Mr. Farr and Mr. McConnell on their efforts to place the fluoride issue on the ballot. Mr. Montgomery, warned the public that the Stormwater crews were doing "smoke-tests" of the sewer system today between 17th and 27th Street in the North Lafayette and Wycoff area (tomorrow they will be in the area of Snyder Avenue), and not to be alarmed if they see smoke coming out of roof drains or sewer system vents. He urged the public to take a look at the Children's Evergreen Theater schedule, which will be putting on five excellent presentations this year. At the Bremerton Revitalization Task Force meeting, "Believe in Bremerton" series, they discussed "Art & Cultures", and how art has been alive and well in Bremerton for many, many years. The next meeting is September 22, where a discussion on "Safe Communities" will take place. Mrs. Arends reported that the Bremerton High School football team is playing Yelm High School this Friday. The band will play, the cheedeaders will be there and pop and hot dogs will be served before the game. She encouraged everyone to come out, support the team, and have a fun evening. Mr. Shepherd announced the Dyes Inlet Clean-Up activities will take place at approximately 9:00 A.M. on September 19, beginning at the First Street Park, followed by the District 5 Picnic to be held under the covered area at Evergreen Park, beginning about 1:00 P.M. He concluded by briefly discussing the two proposals for the fluoride issue. Mr. McConnell commended Main Street Association for the Blackberry Festival held last weekend. He attended on Saturday, and commented on the large size of the crowd. Second, he discussed his point of view on the fluoride issue, and his support of placing the issue on the November ballot. Mr. Law discussed the fluoride proposals to place the fluoride issue on the ballot in either November or February, and wanted to clarify if the current initiative petition would still be valid in February. Glenna Malanca, City Attorney, stated she was not prepared to discuss this issue, but did believe the signatures would still be valid if this item was delayed until February. Mr. Law stated he supported placing the vote on the ballot in November due to the wishes of his constituents, and the additional cost to place the item on the ballot in February. He announced the District #3 Neighborhood meeting was scheduled for Tuesday, September 15, from 7:00 to 9:00 P.M., at the Senior Center located at 13th & Nipsic. Judy Johnson, Building & Permit Manager will be at the meeting to answer questions, and discuss concerns. TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 3 of 10 Mr. Olsen hoped this discussion on the fluoride, and the two options being presented proved to dtizens that the Coundl does listen to the concerns of the public. He announced a combined District #1 and #2 Neighborhood meeting on Thursday, September 17, 1998 at the Sheridan Park Community Center to discuss "Law & Justice" with Police Chief Paul Du Fresne, City Attorney Glenna Malanca, and Municipal Court Judge James Docter. He also congratulated all those involved in the Blackberry Festival. Mr. Montgomery reiterated the process for getting an issue on the ballot, and pointed out that a small group of citizens are trying to go-around this process, and change the law, which he didn't think was right. Mr. Farr reported he just bought a house in the City, and found that the previous owners left behind a dog chained on a very short leash. He brought the dog to the West Hills precinct office for officers to bring the dog to the animal shelter, and after discussions with them, found out the number of animals put to sleep in the City every day. He was amazed and appalled, and asked if there was anyone listening who wanted a small, black, lab-mixed, female dog to please call in. Mr. McConnell wanted to clarify that he was not attempting to change the law, but rather exercising his right as a Councilman to put an item on the ballot, per the RCW. MAYOR'S REPORT Mayor Horton congratulated Carol Atkinson, Bremerton Main Street Association, and all those involved in the planning of the very successful Blackberry Festival. She extended the condolences of the City of Bremerton to the family of Am Costello, a former Building Inspector for the City. He was well respected, and she also felt this as a personal loss, since he was a former neighbor and very kind man. The Mayor read a Proclamation proclaiming September 14-19 1998, as "National Health Center Week". Ben Belcher, Chairman of the Board, Kitsap County Health Center, accepted the Proclamation. PUBLIC RECOGNITION Rod Johnson, Citizen for Safe Water, asked the public if there were any petitions out there which still needed to be turned in. There will be people stationed at the Pacific Avenue Post Office from 12:30-5:30, Monday through Friday to accept petitions until September 18. If there are any questions, please call 479-6652 or 373-0723. More volunteers are always welcome. He commended the Council for listening to the people on this issue. He also wanted to clarify that they could not find anyone from Citizens for Safe Water who spat TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 4 of 10 on someone over this issue, contrary to the rumor. He further stated that if such an action had taken place, it would have been totally unacceptable. Ruth Enderle, Admiral Theater, announced the opening night show for the Admiral Theater's first really well planned season. "Spectrum Dance Theater, a jazz/dance company from Seattle, is going to perform. They have been on PBS locally many times and are very well known. The number for tickets is 373-6743. John Beker, Bremerton citizen, wanted to know (1) How much money has been spent on fluoridation already; (2) What is the total cost of the project; and (3) How much of the cost will come from each citizen on their water bill. Elizabeth Buell referred to a letter to the editor printed in the September 9, 1998 Sun newspaper, about Calgary, Canada, and how they were trying to eliminate fluoride from their water. She suggested we contact their city, and find out why. Carol Atkinson, Bremerton Main Street Association, reported the Blackberry Festival had record crowds this year, possibly 70,000+. She thanked all those involved, who helped make this event such a success. Shirlee J. Curley, Bremerton resident, addressed the need for speed bumps on Halverson Avenue and also the alley between Halverson and Aimira Drive. She reported on a number of accidents in the area due to the speeding that goes on constantly. She provided pictures of a recent accident, where a car lost control, flipped, and landed on its side, and slid into a rock wall. H. Emily Moshay, Bremerton resident, thanked John Law for his comments to place the fluoride issue on the ballot in November, since most citizens want the chance to vote on it. She also pointed out a beautiful mural that has recently been painted on 12th Street, near Park Avenue, by local artist Dennis McDaniel. Susan Brown, Parent Educators Network, presented a brochure to the Council called "Unlocking the Future" which provided information on workshops, along with a Youth Access Fair to be held Friday, October 2, 1998, 8:30 A.M. to 4:00 P.M. at the Givens Community Center in Port Orchard. As the Christian Education Chairman of Manette Community Church, she thanked John Law for his cooperation and support of the public town meeting with local candidates held on Sunday. 8A - BUDGET ADJUSTMENT NO. 98-27 FOR WORK STUDY GRANT. #AB98- 199 Through a contract with State of Washington Work Study Program and Olympic College, the department will employ three students for the remaining 12 weeks of this year, for 20 hours per week at $10.00 per hour to support our records and TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 5 of 10 patrol divisions. This will provide the city extra help and the students with income and experience toward future employment. Council will need to approve the contract and budget adjustment. Cost to the department budget is $2,200.00, with $5,000.00 provided by the State of Washington Work Study Program. Chief Paul Du Fresne, Bremerton Police Department, stated his department is excited to try this program, and there is already an indication of students from Olympic College who are interested in looking for work, and would qualify for this program. Public comment - none. Mr. MontGomerY checked with Olympic College to see what kind of programs they had for these three students, and it appeared to him that this is an excellent program, and the three students should be able to handle the job very easily with a little training. #1771 MISICIU(Montgomery/OIsen) Motion to approve for the Mayor to execute this contract and approve Budget Adjustment No. 98-27. 8B - TRIAL RESPONSE AGREEMENT BETWEEN THE CITY OF BREMERTON AND CENTRAL KITSAP FIRE AND RESCUE, #AB98-200 Attached is a proposed Trial Response agreement between the City of Bremerton and Central Kitsap Fire & Rescue. A committee consisting of both Fire Chiefs, elected officials from both entities and the labor representative from each entity started the process of upgrading the Mutual Aid agreement back in October of 1997. The result of the cooperative effort is a Tdal Response agreement represented in the document. The agreement is for a term of 90 days at which point the effectiveness of the program shall be evaluated and determined whether a more permanent agreement may be appropriate. Chief AI Duke, Bremerton Fire Department, reported that there are two fire stations within one mile of each other, which provide the same services to the citizens of these communities, which is not an appropriate use of taxpayer money. This agreement was drafted to show a boundary of Riddell Road, with anything South of Riddell Road being assigned to the City of Bremerton, and Central Kitsap Fire & Rescue would serve anything to the North side. This would increase the cell volume to the City's department by 1.2 calls per day, so in exchange, Central Kitsap Fire & Rescue would take one personnel member and place him in the Bremerton Fire Station the majority of the time. Roy Mclnnis, Bremerton resident, told of an incident in the past where an accident had occurred, and it took over 20 minutes for anyone to respond, which was because a State Trooper happened by, and called it in. He also wondered if TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 6 of 10 90 days was a sufficient trial period. Chief Duke stated that after studying this issue, they determined 90 days to be suffident, and they would also use this time to look more closely at issues where the two departments differed. #2100 M/S/C/U(Olsen/McConnell) Motion to authorize and direct the Mayor to sign and enter into the Trial Response agreement with Centtel Kitsap Fire & Rescue for a term of 90 days. 8C - MUTUAL AID AGREEMENT BETWEEN THE CITY OF BREMERTON AND PUGET SOUND NAVAL SHIPYARD. #AB98-201 Attached is a revision of Mutual Aid agreement between the City of Bremerton and Puget Sound Shipyard. The agreement was last reviewed and amended in 1988. The Fire Chiefs and the Labor organizations from each entity have reviewed the document, and are in agreement. Chief Duke stated this agreement was also a long process, which included dealing with the federal government. In this agreement, it states that in certain boundaries within the City's jurisdiction, they will automatically respond along with the City. There are a number of reasons for this, including stricter requirements from the Department of Labor & Industries (L&I). The boundaries include downtown, and the west side of town outside of the shipyard. Public comment - none. #2204 M/S/C/U(Arends/Montgomery) Motion to authorize the Mayor to sign and enter into the Mutual Aid Agreement with Puget Sound Naval Shipyard. 8D - MEMORANDUM OF AGREEMENT WITH KITSAP COUNTY AND OTHERS, #AB98-176 Kitsap County recently adopted their revised Comprehensive Plan in an effort to come into compliance with the state Growth Management Act. As a result of the new plan, Joint Planning Areas (JPA) were formed in areas adjacent to cities that were either urban or planned to become urban. The JPA is designed to allow affected jurisdictions to study the impacts of urbanization and service delivery in a collaborative process, and to determine how and if areas should eventually be annexed to adjacent cities. Until the JPA issues are resolved, no annexation of urban development of these areas can occur (except for those projects already permitted or below rural densities). There are several steps to take in resolving the planning questions poised for each JPA. The first step in the process is to reach an agreement with the County and others regarding what the purpose and goals of the individual process will entail. The next step is to reach an Intedocal Agreement about the issues disclosed in the MOA. These Memorandum of Agreements (MOA) have been negotiated and are now presented for the City TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 7 of 10 Council to consider. If the MOAs are acceptable, the City Council must make a motion to authorize the Mayor to sign these agreements, Doug Fortner, Assistant City Attorney, stated two of the agreements that the City is working on with the County and other jurisdictions, one for the Port Blakely property, west of Kitsap Lake; and the other is for the Port of Bramerton, which includes the South Kitsap industrial area and airport. These agreements have been ratified by the other jurisdictions, and contain the steps for further negotiations. Public comment - none. Mr. Overson stated that this was a disagreeable program to him, and did not feel this was the way it was supposed to work. He did concede that this is where we are, and where we are going, but asked for reassurance that this will achieve a decent result for the City of Bremerton. Mr. Forther stated that progress is being made, especially on the Port Blakely property. He believes the City and the County's interests have converged, and eventually an agreement will be obtained which will turn that land into an urban area. Environmental issues also need to be addressed. So far, this joint planning seems to be working, and progress is being made. Mr. Shepherd referred to Section No. 4 of the Memorandum, and asked if the County felt the proposal for Chico Creek was an acceptable approach. Mr. Fortner stated yes, and that Port Blakely was concerned that their development did not add impacts to the stream, and viewed the Suquamish Tdbe as being one of the major players, and wanted to involve them early in the process. Mr. McConnell regarding Section No. 5, item (c), where it states the City shall address and mitigate the impacts on County roads, he asked how far out from the project would the City would be responsible for? Mr. Fortner responded that was one of the issues of concern, and is not addressed specifically in this agreement, but will be a subject during negotiations. President Farr stated that he was glad to see this issue has moved to the forefront, and even though it was not the first choice of the City, it was an acceptable compromise. #2625 MISICIU(Montgomery/McConnell) Motion to authorize the Mayor to sign the Memorandum of Agreement for Joint Planning and Intedocal Agreement between Kitsap County and the City of Bremerton for the "Port Blakely Property". #2750 MISICIU(Montgomery/OIsen) Motion to authorize the Mayor to sign the Memorandum of Agreement for Joint Planning between Kitsap County, the City TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 8 of 10 of Bremerton, the City of Port Orchard, and the Port of Bremerton for the South Kitsap Industrial Area. 8E - MEMORANDUM OF UNDERSTANDING FOR SINCLAIR LANDING GROUP. #AB98-196 The proposed Memorandum of Understanding provides for the cooperative development of the Bremerton Transportation Center (BTC). Parties are the Washington State Ferries, City of Bremerton, Port of Bremerton, Kitsap Transit, and the Sinclair Landing Associates. The BTC is the initial component of the Sinclair Landing Project, and requires the conveyance by the City of certain easements. This agreement is identified as Exhibit 'A" in the Sinclair Landing Master Development Agreement executed earlier this year. Public comment - none. Mr. Overson complimented all those involved in putting together this agreement, particularly Mr. Hayes and Kitsap Transit. He felt the flexibility of the easement "defies imagination". Mr. McConnell discussed the reason the agreement was held back between the commercial group and BTC. Ms. Malanca is assuming from Mr. Overson's comments that he has seen the latest draft of the easement, which is not exclusive, and also subject to extinguishment by the City if it is determined to be necessary. Mr. Law referred to the "BTC Project Management Proposed Organization" chart, and pointed out that the City of Bremerton has not been included in the 'BTC Policy Group". Richard Haves, Kitsap Transit, stated that if Council would pass it with the understanding that the Mayor will be included. they would take care of that. He also stated there are also other City staff members at several other points below that which have already been participating, so it needs to be documented. Mr. Law recommended the Motion be amended to include that statement. He also asked about incentives to fill buildings in the BTC group. Mr. Hayes stated an extended meeting was held today with a number of City staff and Randy McGreal from the Commercial Group, that was really a presentation on both the public and private sides of the project. One of the next events to occur is a City Council review of the Commercial Group's Development Proposal, which would be the appropriate time for Council to discuss what incentives they might have, or who they may have already signed up for the Commuter Retail Building. Mr. Law wanted to clarify that the Council had another chance, even thought the Master Development Agreement has been signed. Mr. Hayes stated that with the process that has been set up, both the City and Kitsap Transit System have to review the Proposal that will be brought forward from the Commercial Group. TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 9 of 10 President Farr wanted to clarify the uncertainty of whether or not the Port of Bremerton had cut in on possible ramification on their parking near the Madna. Mr. Hayes replied that they have not had a chance to talk with the Port of Bremerton, but a discussion will be scheduled. Mr. Law wanted to clarify the parking garage issue. TAPE #1568 Mr. Hayes stated the location previously identified for the bulk of the parking, is not yet locked in, but there is a requirement for a total of 2400 spaces. President Fan' stated the Council's mandatory review of the Development Proposal is on a time-line not to exceed 60 days. The next step is a presentation by a Financial Consultant to bring the Council up-to-date on that performa, and he questioned if a Financial Consultant has been hired yet. He requested as much time to thoroughly review this as they could get, along with expert input. #0087 MISICIU(Law/Montgomery) Motion to authorize the Mayor to sign Memorandum of Understanding as here forth amended, and any identified easements. 9A - RESOLUTION #2668, ADOPTING THE CITY OF BREMERTON 1998- 2003 CAPITAL IMPROVEMENT PROGRAM (CIP), #AB98-202 The Mayor and staff have prepared the Capital Improvement Program for the years 1998-2003. This document is the planning document for meeting the City's needs in the areas of infrastructure, facilities and equipment, as well as identifying financial resources necessary to meet those needs. The document has been reviewed with Council in Study Session. Rich Hanna, City Treasurer, stated the CIP is a financial planning tool, which draws from the City-wide Comp Plan for utilities, parks system, the 6-year street plan, as well as the long range financial modeling of the governmental funds of the City. It provides a major element in the foundation on which the City's Operating Budgets are built each year. Public comment - none. #0182 MISICIU(Montgomery/Shepherd) Motion to pass Resolution No. 2668, adopting the 1998 - 2003 Capital Improvement Plan. 9B - RESOLUTION #2669, ACCEPTING DRINKING WATER STATE REVOLVING FUND LOAN FOR THE CORROSION CONTROL FACILITY AND RESERVOIR #J, COVER, #AB98-203 The City applied for and received a Drinking Water State Revolving Fund (DWSRF) loan in the amount up to $1,030,000 for construction of the Corrosion TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 10 of 10 Control and Fluoridation Facility, and for replacing the cover on Reservoir 4. The 3 percent loan fee is included. The loan is to be paid back over 20 years at 4% interest. The attached Resolution accepts the loan and authorizes the Mayor to sign all documents relative to the loan. Gene Samplevy Public Works & Utilities Director, stated the Resolution before Council is to accept a loan to provide Capital funding required to finish the construction of the Corrosion Control Facility. This does not apply to the fluoridation portion of the facility, since those costs are locally funded. The other project to be funded is a replacement cover for the City's 11-million gallon reservoir. The actual amount of the loan will depend on the actual amount of the construction. Public comment - none. Mr. Reed questioned in the event the City does not implement fluoride, is the Corrosion Control Facility still needed? Mr. Sampley stated yes, it is a state mandate. #0422 MISICIU(Arends/Montgomery) Motion to pass Resolution No. 2669, accepting the loan and authorizing the Mayor to sign all documents relative to the loan. President Farr thanked the TV camera crew and Robert Neal, Director and Production Coordinator, for their services. With no further business meeting adjourned at 7:10 P.M. City of Bremerton PJ/DF/Is C: Normal Distribution FileNault