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HomeMy WebLinkAbout11/04/98 TAPE #1579 CITY COUNCIL MEETING MINUTES NOVEMBER 4, 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, November 4, 1998, at 5:30 P.M., with Council Vice-President Carlos Montgomery presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Lon Overson, Cecil McConnell, and Wayne Olsen. Council President David Farr and Council member John Law were absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council Vice-President Montgomery, and invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. Vice-President Montgomery made the following announcements: (1) The City Council held a Study Session to discuss general Council Business, followed by a 20-minute Executive Session pdor to the Council meeting, 5:05 - 5:25 P.M., to discuss "Personnel". CONSENT AGENDA A. Minutes of Meeting - October 14, 1998 #AB98-241 B. Minutes of Meeting - October 21, 1998 #AB98-242 #0020 MISICIU (McConnell/Arends) 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. #0040 MISICIU (Arends/Overson) On November 4, 1998, the Council does approve for payment those vouchers included and further described as follows: 225177 through 225335, 225169, 225172, and 225173 in the amount of $814,954.19. COUNCIL MEMBER REPORTS Mr. McConnell reported on the condition of Mr. Law after his recent stay in the hospital. He is currently resting at home, and taking it easy. TAPE #1579 City Council Reg. Mtg. Minutes November 4, 1998 Page 2 of 8 Mr. Overson announced that he had traveled through Idaho, Montana, Nevada, and Utah during the past few weeks. He stated it was a great trip, but he was glad to be back. Mr. Shepherd announced the next District 5 meeting to be held Thursday, November 19, 1998, 6:30 P.M., at Memorial Lutheran Church at 10th & Veneta. The topics of "Block Watch" and "Winter Preparedness" will be discussed. He also announced a presentation on "Women of the Ancient World" at the Central Library on Sylvan Way tomorrow at 3:00 P.M. and tomorrow night at 7:00 P.M. Mrs. Arends announced the last Bremerton High School Football game this year will be Friday night at Bainbridge Island High School. The band and drill team will not be there due to their attendance at a Field Show on Saturday morning. She also enjoyed the Swing Kings held at the Admiral Theater this past weekend. MAYORS REPORT Stated she also attended the Swing Kings performance, and thought it was very interesting to see people of varied ages from teenage years, to those in their 70's, with many dressed in costumes. She said a good time was had by all. She then introduced Captain David Crocker of the USS CARL VINSON (CVN 70), and presented him a Certificate of Appreciation for the officers and crew, offering best wishes and heartfelt thanks for their service to the community and to the Country. The deployment will be 180 days long, and any one interested can join other friends and family members on Friday, November 6 at 7:00 A.M. to wish them a good journey and a safe return. An "Oath of Office" swearing-in ceremony was held for several new officers of the Bremerton Police Department. Judge James Docter performed the ceremony for officers: Shawn C. Clapp, Michael S. Davis, William P. Endicott, and Duane R. Mattson. Each officer was then presented a plaque, and congratulated by Mayor Horton and Police Chief Paul Du Fresne. PUBLIC RECOGNITION Jerry Peret announced the arrival of the newly remodeled ferry Kalakala on Friday morning, 10:00 A.M., at Pier 66 in Seattle. Gordy Byrd announced dinner would be served by Olympic High School students, to anyone interested, on Tuesday, November 24 at the Bremerton Eagles F.O.E. located on the corner of 6th & Washington at Noon; and a second dinner would be served by the Neighborhood Christian Center on Wednesday, November 25 from 6:00 to 8:00 P.M. TAPE #1579 City Council Reg. Mtg. Minutes November 4, 1998 Page 3 of 8 Ann Brown was concerned about the 6,000 County residents who receive City water, but would not get to vote on the fluoride issue. She suggested an advisory vote conducted through the customer water bills, so that all city water- users would have a voice. Mr. Reed explained that this issue was now out of the hands of the City Council, and in the hands of the City voters. 8A - PROFESSIONAL SERVICES AGREEMENT FOR ANDERSON COVE CSO FACILITY PLAN AND DESIGN, #AB98-243 Six consultants were selected from the Professional Services roster and evaluated. HDR Engineering, Inc. was identified as having demonstrated ability in planning and design of Combined Sewer Overflow (CSO) reduction improvements to meet Washington State Department of Ecology (WSDOE) requirements. A scope of work was developed with HDR for development of a Facilities Plan (predesign report meeting EPA and WSDOE guidelines) and also final design of the improvements. The scope of work and budget for final design will be developed during completion of the Facilities Plan, and will be presented to the City Council for approval at a later date. The action before the City Council is approval of a contract for Professional Services with HDR Engineering, Inc. Tom Knuckey, City Engineer, provided a staff report for a Professional Services Agreement for Anderson Cove CSO Facility Plan and Design. He reported that Anderson Cove consists of five separate overflows, and this Facility Plan will address all of them. The Design will address two of the five overflows, with the other three being addressed in a follow-up project. Public comment - none. #0725 MISICIU (McConnell/Arends) Motion to approve a contract for $88,300 with HDR Engineering, Inc. for Professional Services, and authorize the Mayor to execute the same. 8B - TOWER LEASE AGREEMENT WITH PINNACLE TOWERS, INC., #AB98- 244 Pinnacle Towers, Inc. has purchased an existing telecommunications tower enterprise that rents tower space to multiple users located on City property on Gold Mountain and is proposing to enter into a new lease agreement with the City. This site is unusual in that there are four existing towers of which one is owned and maintained by the City for emergency and Public Works communications. This lease agreement includes the rental rate of 15% of gross revenue generated from Pinnacle's three towers from sub-lessees and 60% of gross revenue generated from the City's tower from sub-lessees. The lease term is ten years because the seller of this tower enterprise had an assignable ten- year renewal option that Pinnacle is exercising. The rental payment for this site will be approximately $3,700 per month. TAPE #1579 City Council Reg. Mtg. Minutes November 4, 1998 Page 4 of 8 Paula Johnston, Deputy City Clerk, reported that Gold Mountain is one of the highest points in the Bremerton water shed, where this particular tower site has been in existence for over 20 years. She stated the City tower is a substantial tower that can accommodate more than CenCom attachments, so throughout the years, other users have been added. The new rent negotiated for City tower attachments is 60% of the gross revenue received by Pinnacle. This will generate almost double the rental revenue the City will receive on a yearly basis from the new 10-year lease Roy Mclnnis was concerned about the use of the term "bound for 10 years" used before Council has had a chance to approve the agreement. Ms. Johnston explained the City has an existing lessee on the site with a lease that will expire this month, but has an automatic 10-year option. He can exercise this lease option himself, or assign and sell to a new purchaser, which in this case it is going to be an assignment to Pinnacle Towers. Terry Donahue, Attorney for Pinnacle Towers, Inc., reaffirmed Ms. Johnston's statement that there is an existing lease with a 10-year renewal that "kicks in" at the end of this present term. At the request of the City, a new lease that conforms with other leases used by the City was negotiated. Under the new lease, the City is allowed to use the Pinnacle Towers free of charge, with access to microwave towers included. Gordy Byrd asked for clarification on the amount of the contract and the City being "bound" to it? Ms. Johnston reassured that Council was being presented a binding contract, and the figures can not be changed. Mr. Shepherd further clarified that the terms of the contract were negotiated very diligently. #1000 M/S/C/U (Arends/Olsen) Motion to approve the lease agreement with Pinnacle Tower, Inc. for an existing telecommunications tower site on Gold Mountain. 8C - EASEMENT GRANT TO PUGET SOUND ENERGY FOR BREMERTON TRANSPORTATION CENTER, #AB98-245 Puget Sound Energy is requesting an easement grant across the parking lot adjacent to the boardwalk from 2n Street to the Bremerton Transportation Center for underground power lines. This land parcel is not included in Parks Protection properties so Parks Commission review is not required prior to bringing this issue before City Council. This easement description will be superseded at a later date with a surveyed description once the power has been installed. Jim Spencer, Parks & Recreation Director, stated this easement is for power required to support the new Bremerton Transportation Center. The power will be TAPE #1579 City Council Reg. Mtg. Minutes November 4, 1998 Page 5 of 8 underground, and when installed, will not be a problem with any of the planning associated with the Sinclair Landing Project. #1114 MISICIU (Arends/Olsen) Motion to approve the easement grant to Puget Sound Energy for underground power lines across the parking lot adjacent to the boardwalk from 2nd Street to the Bremerton Transportation Center. 9A - ORDINANCE NO. 4635 (SECOND READING) REGARDING THE GRANT OF A NON-EXCLUSIVE FRANCHISE TO FALCON VIDEO COMMUNICATIONS, #AB98-240 Public comment - none. #1335 M/S/C/U (Shepherd/Arends) Motion to pass Ordinance No. 4635 on second reading, and summary granting Falcon Video Communications a non- exclusive franchise to operate a cable system within Bremerton. 10A - PUBLIC HEARING ON REVENUE SOURCES FOR THE 1999-2000 BUDGET, #AB98-246 The City is required by RCW 84.55.120 to hold a public hearing on revenue sources of the General Fund. This hearing must be held prior to consideration of the City's property tax levy and must include a discussion of possible increases in property tax revenue. Rich Hanna, City Treasurer, reported this is a new requirement of the budget process as a result of the passage of Referendum 47, which was designed to provide property tax relief and reform the process. In closing, he discussed the two ordinances that would be brought to Council next week to levy property taxes for collection in 1999. and authorization to levy of property taxes at a rate in excess of the Increase in the Implicit Price Deflator. Gordy Byrd requested a copy of the City's Budget. Vice-President Montgomery informed him that copies of the Budget were available at the Public Library and in the City Clerk's office, and that Council Study Sessions to discuss the Budget were open to the public. Elizabeth Buell asked why property taxes do not remain the same. Vice-President Montgomery explained the figures vary according to the assessed valuations, which can go up or down, so hence, the rates would change accordingly. John Becker wanted to clarify his assumption that the City planned to increase the property tax to 6% of assessed values. Mr. Hanna further explained there are several constraints on the City's ability to levy property taxes. The City is currently levying property taxes at the maximum allowable rate under law, so from 1998 to 1999, the levy rate can not increase. TAPE #1579 City Council Reg. Mtg. Minutes November 4, 1998 Page 6 of 8 The revenue from property taxes to the City will vary from 1998 to 1999 by whatever percentage the overall assessed valuation of all the property in the City changes from one year to the next. He gave preliminary figures, which showed that over all, the City-wide assessed valuation was going to decrease approximately 1%. However, each individual property owner will need to refer to the value assessed by the County because he understands that most residential properties in the City have increased by about 5%, but commercial property has gone down. He reminded citizens that the City is only one of several government jurisdictions to levy taxes on the property within the City, along with the State of Washington, Kitsap County, the school district, the port district, and the public utility district. Mr. Reed asked for further clarification of what "1% of the shortfall" means to the City. Mr. Hanna explained that 1% of the property tax revenue would be approximately $40,000 of revenue to the City. Mr. Overson pointed out that every year Mr. Hanna has been involved with the City Budget, he has never over-estimated the income, and has ended up with a carry-over at the end of the year, which Mr. Overson felt was a strong testimonial and compliment to the City Treasurer. No Council action is requested. 108 - PUBLIC HEARING AND ORDINANCE (FIRST READING) FOR VACATION OF UNDEVELOPED ALLEY BE'I'VVEEN YANTIC AVENUE AND HARTFORD AVENUE, #AB98-247 Michael Thorniley is the owner of parcels on both sides of an undeveloped alley within Block 3 of the Charleston Navy View addition. The City Council, as the legislative body, must conduct a public hearing to receive comments on the request to vacate the north 213.01 feet of a 12-foot wide undeveloped alley located south of First Street between Yantic and Hartford Avenues. Jon Holan, Planning Manager, stated staff reviewed this request, and no present or future use for this particular alleyway was found. The Planning Commission concurred with those findings, and approved the vacation. Roy Mclnnis wanted to know if Council approved the vacation of this right-of-way, what would happen to it after the City vacates it? Vice-President Montgomery explained it would go to the property owners on both sides of the alley. In this case, Mr. Thorniley owns both sides, so they would both go to him, and he would then be taxed on the additional property. #2250 M/S/C/U (Arends/Olsen) Motion to approve ordinance on first reading, to request to vacate the alley and revert it to the ownership of the adjoining property owner. TAPE #1579 City Council Reg. Mtg. Minutes November 4, 1998 Page 7 of 8 10C - PUBLIC HEARING ON RESOLUTION NO. 2678, ESTABLISHING A MORATORIUM ON THE DEVELOPMENT OF DOCKS AND PIERS WITHIN THE CHANNEL BETWEEN OYSTER AND OSTRICH BAYS, #AB98-248 The City Council approved Ordinance No. 4634 to amend the City's Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay. This matter has been forwarded to the State Department of Ecology for final adoption. The current moratorium is due to expire on Thursday, November 5, 1998. A new moratorium is being requested to allow staff to respond to requests being made by DOE staff and to allow the Shoreline Master Program to be properly updated. Jerry Peret urged Council to uphold the Moratorium to allow the process to proceed. Cathy Gallager also urged Council to uphold the Moratorium. Mr. Reed asked for the current "Findings of Fact" and the work-plan developed for this Moratorium. Jon Holan, Planning Manager, stated the "Findings of Fact" are established under the "Whereas's" listed on pages one and two of Resolution No. 2678. Mr. Reed stated that "Findings of Fact" are supposed to support accusations. He wanted to know if there was specific proof of the accusation that piers and docks "pose a potential danger to navigation and a threat to public safety". Mr. Holan stated that to his understanding, "Findings of Fact" were made at the previous hearings. Since the conditions have not changed, the dangers would still be present. Mr. Reed again asked if there was proof that there is a danger present. Vice-President Montgornery stated the proof has been established and his question has been answered. Mr. Reed did not concur. He referred to the RCW that spelled out what was required for a Moratorium and also a Continuation of a Moratorium. It stated that a 6-month Moratorium can be imposed, and extended one time, but to extend the Moratorium, a work-plan must be developed for related studies providing for such a longer period of time... It further stated that a subsequent public hearing must be held, and "Findings of Fact" made prior to each renewal. He was asking for these "Findings of Fact" and work-plan. Mr. Holan reiterated his belief that the "Findings of Fact" are presented in the Resolution, which included the statement that the channel between Oyster Bay and Ostrich Bay is physically narrow and shallow, especially at low tide. Mr. Reed wanted to know if there were measurements made of the channel, was there proof of the physical narrowness, proof that construction in the area would be incompatible, and was there proof of the hazard. Mr. Holan stated the "work-plan" is listed on the Agenda Bill in the Summary Statement where it indicates the purpose of this extension is to respond to requests by Department of Ecology staff, and to allow the Shoreline Master Program to be properly updated. TAPE #1579 City Council Reg. Mtg. Minutes November 4, 1998 Page 8 of 8 #2617 M/SIC (Overson/Arends) Motion to pass Resolution No. 2678, adopting the moratorium on the development of Docks & Piers within the Channel between Oyster and Ostrich Bays for six months or until the Shoreline Master Program has been amended properly, whichever shall occur first. Vote on Motion: In Favor: Olsen, McConnell, Overson, Arends, Montgomery Opposed: Shepherd, Reed Motion passed. With no further business, meeting adjourned at 6:48 P.M. City of Bremerton PJ/CM/Is C: Normal Distribution FileNault