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TAPES #1628 & #1629
CITY COUNCIL MEETING MINUTES
July 7, 1999
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, July 7, 1999, at 5:30 P.M.,
with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos
Montgomery, Carol Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen.
Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative
Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation
given by Pastor David Wheeler of Silverdale Community Church.
President Shepherd made the following announcements:
(1) City Council held a Study Session prior to the meeting to discuss general Council business;
(2) The Study Session scheduled to follow the City Council Meeting tonight to discuss
"HOME Fund Allocation for Home Ownership" has been cancelled;
(3) On Monday, July 12, 1999, City Council will hold their Monthly Study Session, 5:00 - 6:45
P.M. in the Council Chambers to discuss 1 ) Plans for reconfiguration of the Seattle Ferry
Terminal at Coleman Dock with Tim King, Planning Manager for the Seattle Ferry Terminal
Project; 2) Construction Project Updates with Randy Witt, City Engineer; and 3) Legal
Department Updates with Glenna Malanca, City Attorney; and
(4) City Council will hold an additional Study Session immediately following the Monthly Study
Session on July 12, 1999 to discuss "Fluoride Equipment Disposition", also in the Council
Chambers.
CONSENT AGENDA
A. Minutes of Meeting - June 21, 1999 #AB99-120
#0011 M/S/C (McConnell/Montgomery) Motion to approve the Consent Agenda as presented.
Vote on motion: In favor: Olsen, McConnell, Overson, Farr, Arends, Montgomery, Reed
Abstain: Law, Shepherd
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.
#0035 M/S/C/U (Montgomery/Farr) On July 7, 1999, the Council does approve for payment those
vouchers included and further described as follows: 232161-232163; and 232219- 232292 in the
amount of $734,590.80; and Regular Payroll in the amount of $977,581.63.
COUNCIL MEMBER REPORTS
Mr, Olsen reminded the public that the YWCA Community Center Open House will be held Thursday,
July 22 from 3:30 to 7:30 P.M. at 905 Pacific Avenue.
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City Council Reg. Mtg. Minutes
July 7, 1999
Page 2 of 7
Mr. McConnell asked any members of District #1 and #2 who would still like to attend combined
District 1 & 2 meetings, to please contact the Council office at 478-5280.
Mr, Law announced the next District #3 meeting would be held September 21, 1999.
Mr. Overson announced the next District #-4 meeting would be held in August. He also asked
citizens to contact the Council office at 478-5280 with any comments and concerns regarding the new
entry into the City and the City's Animal Control Department.
Mr, Farr reported he was at the Charleston Avenue Cinema on Callow during the recent earthquake,
and was happy to report the renovated building "survived" the quake well.
Mrs. Arends provided a follow-up report from Animal Control, who received 60 calls after the July 4th
holiday. She urged any citizens who have information on lost animals to please report them. She
announced the move of Charleston Baptist Church to their new location at 13th & Lafayette, and
wished them well. All citizens are invited to participate in their moving "celebration" may call 373-
2851 for additional information.
President Shepherd stated that while on a recent trip to New Orleans, he had the opportunity to
explore their redevelopment efforts, and was astounded to see that they faced many of the similar
challenges and obstacles as Bremerton. It was heartening for him to see they persevered and
succeeded. He also provided a brief status report on Evergreen Park, and announced the next
District #5 meeting on Thursday, July 22, to discuss the grand Re-Opening of Evergreen Park in
September of this year.
MAYOR'S REPORT - There was no report this evening.
LEGISLATIVE REPORT
It was announced that a response was provided to Mr. Paul Drnjevic in response to concerns raised
at last weeks meeting regarding the fluoride issue.
PUBLIC RECOGNITION
Tom McDonald commended Mayor Horton, Planning Director Phil Berry, and Councilman David Farr
for their efforts in assisting a new business owner to overcome an obstacle, which allowed her to
open her business, Fiesta Mexican Restaurant, at 6th & Callow. He invited each of the Council and
the Mayor to stop by and enjoy a meal.
Roy Runyon stated that regarding the Anderson Creek property, he wanted to know the cost to the
City of Bremerton to extend City services to Mr. Sciepko; and what was the total economic
development.
Don Larson, President of Kitsap Diving Association, reported on a list of endangered species
currently being considered by the Department of Fish & Wildlife to reiterate his request for an
underwater park for Bremerton with protected areas for marine life.
Paul Drnjevic reiterated that his questions over the fluoride issue have not been addressed.
Ruth Natividad raised several issues over an article printed in The Sun regarding fluoride equipment
disposition, and encouraged citizens to attend the Study Session on Monday.
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City Council Reg. Mtg. Minutes
July 7, 1999
Page 3 of 7
John Becker raised the issue of adding Council Minutes and Council Agendas to the City of
Bremerton web page. He also asked that City Council address Paul Drnjevic's concerns, and did not
feel there should be any cost in removing the fluoride equipment. President Shepherd responded
that the City just funded a contract to update the City web page.
Susan Brown thanked Council for passing the Ethics Code for elected and appointed officials, as
well as employees. She asked the Council President to respond in writing to the following questions:
1 ) What is the time-line for rewriting the Council Rules & Procedures; 2) What is the process to be
followed; and 3) What issues will be addressed.
9A - PORT OF BREMERTON WATER SYSTEM ACQUISITION AGREEMENT. #AB99-121
Gene Sampley, Director of Public Works, presented a visual of the area in question, and reported
that the Port of Bremerton's water system includes system components vital to the City's water
supply system. He further stated that due to regulatory changes and other considerations, the Port of
Bremerton desires the City to own, operate, and maintain the Port's water distribution system
including a pump station, a one-million-gallon water reservoir, and associated valves and piping. The
City and Port have negotiated the attached water system agreement to convey the Port's distribution
system for a total amount of $160,000 payable in cash or in-kind services five years from the date of
the Agreement. The Agreement includes provisions for the City owning, operating, maintaining, and
planning water system and service to the Port. Also, the Agreement includes provision for standard
latecomer fees, payable to the Port, for new connections to the existing system previously
constructed by the Port. City Administration considers the attached agreement to be in the best
interest of the City and recommends the City Council approves the agreement.
Questions and comments from the public:
Ruth Natividad questioned if there was a Trenton Water District; John Becker asked what the City
would gain from this agreement after assuming the cost for maintenance of the system; and Paul
Drnjevic asked for a current evaluation of the condition of the total system.
Mr. Sampley responded that the City assumed the Trenton Water District several years ago, and that
the Port of Bremerton is not a district, it is part of the City's service area, which owns the distribution
center within the Port. He explained the benefit is the one million-gallon reservoir, which is the supply
reservoir for the City and valued at $860,000, at a cost of $160,000. If an agreement is not reached,
the reservoir will need to be separated from the system per State law. The only cost involved is for
the reservoir acquisition. The Port has paid the full County resident rate during this period of time.
He further stated this agreement is mutually beneficial to both the City and the Port, and would be
very similar to agreements with Tracyton and Rocky Point.
Mr. Montgomery asked for clarification on boundaries of the west 517-zone. Mr. Farr clarified that
the City had no other option to be in compliance with State law, that either the City would need to take
and control the reservoir, or provide our own to make up the difference. He asked for the status of
the annexation issue in return for water service. Dick Brandenberg, Director for the Port of
Bremerton, clarified that annexation was never mentioned during any previous discussions.
#2192 M/S/C/U (Montgomery/Overson) Motion to approve the Agreement for Owning, Operating,
Maintaining, and Planning Water System and Service to the Port of Bremerton by the City of
Bremerton and authorize the Mayor to execute the Agreement according to established policies and
procedures.
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City Council Reg. Mtg. Minutes
July 7, 1999
Page 4 of 7
10A - RESOLUTION NO. 2711. AUTHORIZING INTERFUND LOANS TO ENABLE THE
PURCHASE OF EMERGENCY GENERATORS. #AB99-122
Gene Sampley, Director of Public Works, reported the proposed resolution would provide needed
financing to allow the General Fund and the Wastewater Fund to purchase emergency power
generating equipment. This equipment will be used by the General Fund to provide back-up power to
the EOC and to the fleet maintenance building, and by the Wastewater Fund to provide back-up
power to sewage pump stations. The loans will be repaid over a period of five years, thereby
reducing the impact on operations of the two borrowing funds. The State of Washington has a
current contract for mobile power generators that satisfy the City's emergency power needs. It is
recommended that one Cummins 60-kW and one 125-kW trailer mounted, mobile power generators
be purchased through State contract in the amount of $56,903, plus sales tax.
Questions and comments from the public:
Ted Dupee questioned if his utility rates would increase; and John Becker asked how this purchase
came about, which raised a concern about paying for these costs with credit. Mr. Sampley stated
that with a 5-year payback for the wastewater fund, there would be no rate increases in citizen's utility
rates. He further explained the City is currently under Consent Decree with the State Department of
Ecology to provide emergency power to all of the City's wastewater stations, and that it was already
in the budget to purchase 2 generators per year.
Mr. Montgomery asked where the 60-kW generator was located, and if it could provide emergency
back up for the smaller pump stations only. Mr. Sampley responded the generator was "trailer-
mounted" and is currently at the Wastewater Treatment Plant, and yes, is for smaller pump stations.
#2850 M/S/C/U (Montgomery/Overson) Motion to approve the resolution authorizing inter-fund loans
from the Equipment Rental Reserve Fund to the General Fund and the Wastewater Fund and
approve Budget Adjustment Request No. 99-7, with adjusted budget figures and to include two
Cummins 125-kW generators.
#2860 M/S/C/U (Montgomery/Arends) Motion to approve the purchase of two Cummins 125-kW and
one 125-kW trailer mounted, mobile power, generators through the State of Washington Contract No.
04899 in the amount of $56,903, plus sales tax.
11A - PUBLIC HEARING AND ORDINANCE (FIRST READING), VACATING A PORTION OF
MEAD AVENUE RIGHT OF WAY, #AB99-123
This item was not heard due to objections from over 50% of abutting property owners.
Council member Wayne Olsen exited the meeting at 6:55 P.M.
11B - PUBLIC HEARING AND ORDINANCE (FIRST READING), VACATING A PORTION OF 6TM
STREET RIGHT OF WAY. #AB99-124
Jeff Shea reported the City of Bremerton has proposed the vacation of 6th Street between Cambrian
Avenue and Wycoff Avenue. On May 26, 1999, Council passed Resolution No. 2705 setting the
hearing date of July 7, 1999. In accordance with Washington State Law all the postings and
notifications were made. Because less than 50% of the abutting property owners submitted written
objections to the City Clerk's Office, this action is before Council. However, Mr. Shea stated that in
light of the removal of the previous item 11 (A), this vacation should also be removed.
TAPES #1628 & #1629
City Council Reg. Mtg. Minutes
July 7, 1999
Page 5 of 7
Questions and comments from the public:
Ted Dupee asked who was going to take care of this property if it is vacated since several members
of the public use it as an egress. Larry Peterson stated that he wished to maintain driving access
that would not necessitate going through parking lot.
TAPE #1629
#0150 M/S/C (Law/Arends) Motion to disapprove ordinance on first reading.
Vote on motion: In Favor: Arends, Reed, McConnell, Law, Overson, Farr, Shepherd
Opposed: Montgomery
Motion carried.
11C - PUBLIC HEARING AND ORDINANCE (FIRST READING), VACATING A PORTION OF
HARLOW DRIVE RIGHT OF WAY, #AB99-125
This item was not heard due to objections from over 50% of abutting property owners.
11D - PUBLIC HEARING AND ORDINANCE (FIRST READING), VACATING A PORTION OF
TERREL DRIVE RIGHT OF WAY, #AB99-126
Jeff Shea, Senior Engineer, reported the City of Bremerton has proposed the vacation of a portion of
Terrel Avenue between 6th Street and Burwell Street. On May 26, 1999, Council passed Resolution
No. 2705 setting a hearing date of July 7, 1999. In accordance with Washington State Law all the
postings and notifications have been made. Less than 50% of the abutting property owners have
submitted written objections to the City Clerk's Office. The action before the Council is to approve,
disapprove, or modify this vacation of a portion of Terrel Drive.
Questions and comments from the public:
The Deputy City Clerk read a statement of support for this vacation from Sigma Shultz; and Ted
Dupee questioned what he could do to obtain the right-of-way. Mr. Shea quoted the law, which
states that each abutting property receives half. In talking with the legal department, there is case
law, which stipulates that it would be vacated back to the property that it was dedicated from during
the plat process. Mr. Witt further elaborated that the City, by this process, is required to vacate the
property "from where it came from". He recommended that Mr. Dupee might talk with his neighbor
about acquiring the property after the vacation. It would then be a private transaction.
#0430 M/S/C/U (Arends/Montgomery) Motion to approve Ordinance on first reading.
11E - PUBLIC HEARING AND ORDINANCE (FIRST READING), VACATING A PORTION OF TAFT
AVENUE RIGHT OF WAY, #AB99-127
Jeff Shea, Senior Engineer, reported the City of Bremerton has proposed the vacation of the easterly
portion of Taft Avenue between 19th Street and 20th Street. On May 26, 1999, Council passed
Resolution No. 2706 setting a hearing date of July 7, 1999 for this proposed vacation. In accordance
with Washington State Law, all the postings and notifications have been made. Less than 50% of the
abutting property owners have submitted written objections to the City Clerk's Office. The action
before the Council is to approve, disapprove, or modify this vacation of a portion of Taft Avenue.
#0520 M/S/C/U (Farr/Montgomery) Motion to approve Ordinance on first reading.
TAPES #1628 & #1629
City Council Reg. Mtg. Minutes
July 7, 1999
Page 6 of 7
11F - PUBLIC HEARING AND ORDINANCE (FIRST READING). VACATING A PORTION OF
FORD AVENUE RIGHT OF WAY. #AB99-128
Jeff Shea, Senior Engineer, reported the City of Bremerton has proposed the vacation of the
southerly portion of Ford Avenue between Kitsap Way and 13th Street. On May 26, 1999, Council
passed Resolution No. 2706 setting a hearing date of July 7, 1999 for this proposed vacation. In
accordance with Washington State Law all the postings and notifications have been made. Less than
50% of the abutting property owners have submitted written objections to the City Clerk's Office. The
action before the Council is to approve, disapprove, or modify this vacation of a portion of Ford
Avenue.
#0630 M/S/C/U (Arends/Montgomery) Motion to approve Ordinance on first reading.
11G - PUBLIC HEARING AND ORDINANCE (FIRST READING). VACATING A PORTION OF '13TM
STREET RIGHT OF WAY. #AB99-129
This item was not heard due to objections from over 50% of abutting property owners.
11H - PUBLIC HEARING AND ORDINANCE (FIRST READING). VACATING A PORTION OF 19TH
STREET RIGHT OF WAY, #AB99-130
Jeff Shea, Senior Engineer, reported the City of Bremerton has proposed the vacation of a portion of
19th Street between Wycoff Avenue and Callow Avenue. On May 26, 1999, Council passed
Resolution No. 2706 setting a hearing date of July 7, 1999 for this proposed vacation. In accordance
with Washington State Law all the postings and notifications have been made. Less than 50% of the
abutting property owners have submitted written objections to the City Clerk's Office. The action
before the Council is to approve, disapprove, or modify this vacation of a portion of 19th Street.
Questions and comments from the public:
Dan Osborn presented a petition to the Council, which showed support from the neighborhood to
maintain this portion as a public right of way. He stated this pathway has been used by many people
for many years, and is the only passageway between Wycoff and Callow. Nikko Lucas spoke in
favor of this vacation. Mr. Farr added that he received numerous calls opposing the closing of this
area.
Council member John Law exited the meeting at 7:35 P.M.
#1025 M/S/C (McConnell/Farr) Motion to disapprove Ordinance on first reading.
Vote on motion: In Favor: Reed, McConnell, Overson, Farr, Arends, Shepherd
Opposed: Montgomery
Motion carried.
11I - PUBLIC HEARING AND ORDINANCE (FIRST READING), VACATING ALLEY AT WEST
LINE OF IVY GREEN CEMETARY, #AB99-131
Jeff Shea, Senior Engineer, reported the City of Bremerton has proposed the vacation of the alley
east of Whitney Avenue between 13th Street and 15th Street. On May 26, 1999, Council passed
Resolution No. 2705 setting a hearing date of July 7, 1999 for this proposed vacation. In accordance
with Washington State Law all the postings and notifications have been made. Less than 50% of the
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City Council Reg. Mtg. Minutes
July 7, 1999
Page 7 of 7
abutting property owners have submitted written objections to the City Clerk's Office. The action
before the Council is to approve, disapprove, or modify this vacation of the alley.
#1160 M/S/C/U (Farr/Arends) Motion to approve Ordinance on first reading.
With no further business meeting adjourned at 7:45 P.M.
city of Bremerton
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