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HomeMy WebLinkAbout11/03/93TAPE #1147 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES NOVEMBER 3, l993 NOVEMBER 3, 1993 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 3, 1993, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Richard Neville, Lynn Horton, C.R. "Tiny" Collins, Morrie Dawkins, Lon Overson, and Al Colvin. Councilmen Russ Johnson and Hank Waibel were absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Councilman Al Colvin. CONSENT AGENDA None CLAIMS/WARRANT 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. #0032 M/S/C/U(Colvin/Dawkins) November 3, 1993, the Council does approve for payment those vouchers included and further described as follows: 170651, 170653, 170657, 170661 through 170673 in the total amount of $1,063,354.60; and Retirees' Payroll for the period ending October 31, 1993, in the amount of $96,346.42; and Regular Payroll for the period ending October 31, 1993, in the amount of $632,635.54. COUNCIL MEMBER REPORTS Mrs. Horton thanked everyone for coming out to vote. She looks forward to a good and efficient transition over the next two months and her taking office as Mayor on January 1. Council will be into 1994 budget review sessions starting on November 4th. Today she attended the Kitsap Regional Planning Council meeting where they learned that the Department Of Emergency Management, who devised the K-Prep program in Kitsap County for earthquake preparedness, won three national awards for the K-Prep program as follows: (1), Phyllis Mann, Coordinator of Emergency Management; (2) K-Prep video that was developed for community usage; (3) Partners In Preparedness by Puget Power. She felt this was quite an honor that we should have such TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 2 of 19 national acclaim for that program. One of the things found when the K-Prep program was presented in neighborhoods was that it was hard going out to the individual neighborhoods. As a result of that, on the third Wednesday of each month training is provided for people who want to be coordinators and leaders in their neighborhoods. If anyone is interested in becoming a neighborhood coordinator and getting volunteers to mobilize their neighborhood, they can call 876-7119 and obtain a schedule for the training programs. Mr. Neville also thanked the voters for turning out and he extended congratulations to all the winners and condolences to all the losers. He hopes the campaign workers take down their campaign signs with as much enthusiasm as when they put them up. Mr. Overson stated he recently overheard a doctor tell an individual about these kinds of events where people have a 50% chance of winning or losing, as in an election. The doctor pointed out that 50% of the nation's very best political candidates lost. He noted the City's Parks Director Vicki Vanneman has been out sick with the flu for some time and he was not sure if that was as a result of having gotten a flu shot. Mr. Collins extended special congratulations to Sherril Huff- Meness and Matt Ryan on their winning an elected position. At the previous Council meeting, Councilman Overson asked for an update on what was happening in the Puget Sound Air Pollution Control Agency (PSAPCA). For the past 11/2 year he has served as Vice Chair for the PSAPCA Board Of Directors. The major things that have happened, starting now and viewing past activities include: PSAPCA Director Anita Frankel was called back to the Environmental Protection Agency (EPA) and could not remain as Director of PSAPCA, which was a great loss because she had done a tremendous job getting it off the ground from a staggering nothing to something that was operational. They were able to obtain the services of Art Davidson (as interim director), who had retired from an organization similar to PSAPCA in the Los Angeles area, while they search for a permanent director. Last week they set a contract, in the amount of $105,000, for a firm to take all of the data collected on air pollution in the Puget Sound area over the past ten years and put it together. The problems they face at this time are a result of pollution control actions being taken because we think that it would be a good idea. It is hoped that out of organizing that material the effectiveness of burn bans can be determined. It is thought that burn bans are good when weather conditions are of a TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 3 of 19 certain kind, such as air inversions. As the data is charted, they can see some "dips", but what real good is it. It is estimated that this task will take approximately i 1/2 years effort. Burn Bans - one of the first things he did when he became a representative to PSAPCA was to get the greater Bremerton area out of the "burn ban" when it is declared in Pierce, King, and Snohomish Counties. He was able to finally convince the Board to take Kitsap County out of the combined areas, a separate monitoring station was set up with a second to follow in the very near future and should be in place prior to the new year. He noted on the east side of the sound they had 16 burn ban days and on the west side of the sound there was only one, and it was truly a day when there was an air inversion. The other thing he was able to do was to get the County divided up. In all cases before, the entire County was put into the collective burn ban area. He was able to prevail upon his colleagues on the Board of Directors to look at the weather and topography of Kitsap County and worked it out so there is a burn ban area that basically encompasses Bremerton, Port Orchard, Silverdale, Poulsbo and Bainbridge Island. The truly rural areas of the County do not fall into this category and are not susceptible to the ban when those other areas are put in that designation. He referenced one thing that he believes has a great deal of implication, not only for PSAPCA, but for the rest of governmental labor organizations. This year he was part of the training and negotiations for the labor agreement with PSAPCA using a process called non-confrontational negotiations. What that means is that when labor and management come together for contract negotiations they come together to negotiate and not fight. He noted PSAPCA employees are ably represented by the Teamsters Union, but in this particular case where it has taken from 3-6 months to work out a labor contract, it was accomplished in three weeks from the time they sat downat the table to when it was approved by the PSAPCA board. There were the same number and types of things that had gone on in labor contracts in previous years, but they met in an entirely different atmosphere to negotiate. He would like to see the City Council use the non-confrontational negotiations method. One of the things that happened in the course of this training was the old time labor negotiators from the Teamsters were also included. The class included employee stewards, management personnel, some employees and representatives from the Teamsters Union. He found it very gratifying to see the Teamsters grab a hold of this technique and want to use it in other places. The benefitting result of the training cut the TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 4 of 19 negotiations time almost to nothing in comparison to the usual amount of time required and it established goals before negotiations started, which resulted in something that could be measured. Lastly, he wanted to convey to the supporters of Proposition # 1, that if they ever want to start looking at going about bringing in Freeholders so that the citizens can have a say in a form of government, he will be right there with them. But, he hoped, after two very hectic times, that we've got the change in government out of our system. Mr. Dawkins stated he sat on the PSAPCA board for several years and understands the kinds of things Mr. Collins experienced. He noted Mr. Collins did an excellent job getting parts of Kitsap County out of the burn ban area. He had the opportunity to view a program on television showing the political activity in Russia that involved soldiers and tanks, which brought to his mind how fortunate the citizens of America are to have the kind of government and election process that we have. Mr. Colvin congratulated all those who prevailed in the recent election and congratulated all who participated. He had visited the Soviet Union and he thanked God for America. He extended his congratulations to Councilman Horton on her winning the appointment as the new Mayor of the City of Bremerton and wished her well. He recently had the opportunity to meet with some East Junior High students and work with them on going through the democratic voting process. As a result of that experience, he invited the students to come before the City Council during the Public Recognition time of the meeting at a future meeting. Mrs. Fitz congratulated everyone who took part in the democratic process. She does not believe there are losers in elections, but that someone is going on to an office. Those who participated and were not elected have benefitted from the process and they have benefitted the citizens as well. There were two newly elected Council members who ran unopposed and she believes that if the democratic process is served there should be opponents in every elective race. She encouraged everyone to be mindful of the next election and to make every effort that any elected position has two candidates so that no one runs unopposed. PUBLIC RECOGNITION Mayor Louis Mentor stated last week he spoke about unfunded mandates and it was his feeling that Puget Sound Air Pollution Control Agency fits into that category of governmental entities that impose mandates and doesn't even know if it is TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 5 of 19 doing any good. He believed a little "PSAPCA" was needed but we've had a little too much up to this point along with a lot of other things. He announced a Flea Market will be held on Saturday at the Sheridan Park Recreation Center to benefit the Pendergast Regional Park. He also congratulated the election winners and condolences to the losers. He was of the opinion that it is a lot better winning an election than losing an election. He had a statement he wanted to make on the Brem- Air transfer issue at this time due to his not staying for the remainder of the Council meeting. He was asked to take a position or say what his position is on the transfer of Brem- Air to Envirofil. He deliberately stayed out of the negotiations and discussions because he did not have a vote on it and he has known Don Lindgren for over 30 years, just as some Council members will step down when they feel there is a conflict. He did state the contract with Brem-Air Disposal states, in Section 813.3, that any transfer of the business requires approval by the City subject to four conditions: (1) that the transferee shall demonstrate that it posses the business skill and financial capacity to performthe contract; (2) the transferor shall executed a general release in a form satisfactory to the City; (3) all of the contractors accrued monitory obligations and other outstanding obligations related to the contract have been satisfied; (4) the transferee shall enter into a written assignment in a form satisfactory to the City. The information by the Administrative Services Director and Envirofil indicates the company does possess the business and financial ability to form a contract; a general release form from Don Lindgren has been approved by the City Attorney; the resolution prepared by the City Attorney approving the transfer addresses the outstanding issues and Envirofil's obligations to resolve these issues. Based upon the above, he endorses the transfer of control of Brem-Air Disposal Inc., to Envirofil. Gordy Byrd, P.O.Box 930, reported as of this date he had collected $14,346.73 towards his shelter for the homeless. He announced he is also accepting donations of no less than $10.00 for tee shirts advertising his shelter for the homeless project. 6A - LEASE: KITSAP COMMUNITY ACTION PROGRAM, 245 4TH STREET, #AB93-211 Kitsap Community Action Program and the City have negotiated a lease for approximately 3,000 square feet of office space on the 5th floor of the 245 4th Street Building. The leased space will be used to house the KCAP Administrative offices. The proposed lease is for one year with an option for three one-year extensions. The lease amount will be adjusted TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 6 of 19 annually by CPI, Department of Labor for U.S. City Average, all items. The first years rental is $2,250.00 per month. To accommodate tenancy, renovations are required. Cost estimate is $44,448.00, and will be recovered by rents. Renovation is imperative, regardless of tenancy, to actively and successfully market the property for rental. Kathleen McCluskey, City Clerk, explained Council received some information at the pre-Council study Session noting the updated cost estimate. Notification was received from KCAP a week ago Monday that they were interested in the site. Negotiations have been underway for a couple of weeks and KCAP has one month to get into a location, which gives the City one month to do some major remodel work. Ms. McCluskey noted there were several representatives from KCAP in the audience, who would like to make some statements regarding this proposal. Randy Witt, City Engineer, stated there is an extensive amount of wall and ceiling demo, which is removing the different laminates that have been put on, repair, painting and some new wall construction; asbestos removal, removal of floor tiles, removal of sinks and plugging plumbing, repairing broken windows, putting in new carpet, bringing the electrical service up to grade, providing the telephone service (not the actual phones); and installation of a fire alarm system. The total cost for all of the above described work is $70,500.00. A simple work chart was provided to show how the City is proceeding. All essential work is to be completed by Thanksgiving with a few items to be completed after KCAP has moved into the premises. Mr. Collins stated he recalled a lengthy list of repairs that needed to be done before anyone could occupy the unused portion of the building. He questioned what happened to the list or wasn't the original list accurate? Mr. Witt stated there have been a couple of studies done on the building on what it would take to renovate it and a lot of those study include things like air conditioning, redoing all the windows, etc. This proposal is providing tenant improvements to get it up to what the tenant agreed would be suitable for their use. The other list has not gone away and as they look at further occupying the building, they are working on that list, most notably is the air conditioning. Mr. Collins stated he recalled there were some things on the list that were necessary before any tenant occupancy. Mick McKinley, Fire Chief, stated they have developed a plan on the building and he is comfortable with it. The Fire Department is not doing TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 7 of 19 anything different to the City's building that they wouldn't require of anyone else in the City, nor are they being more restrictive. As long as the City is working towards gaining compliance and they see steps being taken, they feel that is progress and it is acceptable to them. Some things under the last Code change that took place has negated some of those requirements on earlier lists. Previously, the City had a life safety code and that has been deleted along with some other versions. There was a long hard study by the Fire Department on a cross section of older buildings in Bremerton. In looking at the construction types, they elected to delete some portions of the Code that had been in affect in adopting the new Code. The areas that remain very firm and clear on are those areas that have basements that are not openable to grade requiring either sprinkler systems or alarm systems. The main thing in this building that they feel remains a hazard to life is the notification capability to notify occupants when there is a fire in the building. The Fire Department is working, with Mr. Witt, towards having a pull station system in the building and eventually having a smoke detention system, or, if Council and the leadership of the City desires to open that building up between City Hall, then they would be talking about a sprinkler system at that time. However, that is something Council needs to address in the long term plan. Mrs. Horton questioned if the fire alarm system being installed would be throughout the building? Chief McKinley stated that alarm system would be for the occupancy of the Fifth floor. The panel will probably be located in the basement mechanical area with an annunciator panel by the front door, which essentially tells which zone or floor is being activated. It would allow, either by contract or through the City's Electronics Department, to add floors on a time line schedule, which is the same thing they have done with several other buildings in the City. Mrs. Horton questioned what would happen if there was a fire on the second floor, will the people on the fifth floor be notified of the fire on the second floor? Chief McKinley stated the horn system would be auditable unless they had some type of loud machinery. Their goal is to have about a 70 decibel rating in all areas of the building through horn systems. He feels confident stating this is the same procedure they are using for all other property owners in the City and that this is a step forward from what is currently in place. He had made attempts to bring the building into compliance with City codes with the previous owner, but to no avail. Mr. Witt stated a pull station is to be placed in the lobby of the building so if there is a fire or other emergency anyone can set off the alarm. Mrs. Horton stated she recalled from the "laundry list" there was something about the transoms over the doors TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 8 of 19 needing to be corrected. Chief McNeal stated Mrs. Horton was correct and that was something the Fire Department wants to see correct in the long range time line. Mrs. Horton questioned if that would be corrected in this modification? Mr. Witt stated no, it was not included. Mrs. Horton stated in the original documentation given to Council there is a contingency of $5,000 on a $39,000 subtotal and in the revised handout there is a $3,300 contingency on a subtotal of $67,099.22. She questioned if Mr. Witt felt comfortable with that low of a contingency even though there was a much higher one for a lower amount? Mr. Wltt explained when he was working with Ms. McCluskey putting this proposal together to meet the Council Agenda packet deadline, there were things not included and as they refined costs they found some items had gone up and some had gone down. They are now more knowledgeable about what work is to be done so they are comfortable with less of a contingency. If they do hit something that is a big ticket item, 5% or $3,300 is not a lot of money. Mrs. Horton questioned how did he arrive at the $70,000 budget for the proposal? Mr. Witt stated he rounded up the total cost of improvements and set the budget to accomplished the work identified. He was not saying there is a line item in the City budget for that work. Mr. Colvin stated he was pleased that the building would be having more tenants, however, it seemed to him that KCAP would not sign a 3-year lease because it is predicated on a grant...he questioned if that was correct? He also questioned if KCAP receives a 3-year grant what is the possibility of keeping them at that location? Ms. McCluskey stated if the grant continues KCAP will stay in the building. She and representatives of KCAP had talked about tightening up the language in the lease to read that KCAP could terminate the lease if they lost grant funding, but not just to go out and look for another site. Jim Paris, Administrative Services Manager for KCAP, stated he was tasked with the responsibility of finding office space for some of their staff due to the their facility constraints. In his search, he become aware of the space available in the 245 4th Street building and one of the biggest reasons why this location is popular was being part of the revitalization downtown along with convenient location. KCAP intends to move their Administration offices to the downtown site. The most recent grant award was two million dollars coming to Kitsap County and they know it will cover two years. Because of their track record with other grants and programs, they believe that even if the two million dollar grant is not extended, they would be expanding in other areas and would most likely need to retain the office area in the 4th Street Building. When they enter into a lease agreement, they like to include a "lack of funding" clause. TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 9 of 19 Their ultimate goal is to remodel their existing facility located on Park Avenue, however, that requires funding and such a project could take several years to put together. He has been employed with KCAP for nine years and over that time he has not seen that agency get smaller. His own personal feeling was that KCAP could become a long term tenant for the City. Mr. Overson pointed out the Agenda Bill information presented $44,448 as cost estimate for renovation however, the handout provided to Council just prior to the meeting reflects $70,500. He questioned which figure was Council being asked to approve? Mr. Witt stated $70,500. Mr. Overson stated it was his understanding that all or some of the funding would come out of a fund that was established for refurbishment of the 4th Street Building. Ms. McCluskey stated Mr. Overson was correct, $250,000 is budgeted in the Facilities' budget for 1993 and funding has been carried over year-to-year since the building was purchased, plus the interest that has accrued. A Budget Adjustment request was not included in this proposal due to the fact funds were already budgeted. Mr. Overson stated then the intention is to reimburse the owners departments for crews participating. Ms. McCluskey stated that is correct. Mr. Overson reminded Council they would need to recall what action Council took at this time during the 1994 budget deliberations and how such action will influence the 1994 budget. Ms. McCluskey stated the 1994 Preliminary Budget does show the full $250,000, which will be reduced by the amount spent within the next month. In reference to Mrs. Horton's comment about the "market rate" the City is charging, Bradley Scott, who is the City's agent to market the building, but did not participate in this proposal, recommended a rate of $9.00 per square foot for that building based on other applicable rates in the downtown area, age of the building and other factors they use to evaluate. The City is renting the space at $9.00 per square foot and there is a range of rates for the other tenants in the building from a low in the basement of about $3.00 up to $9.50. The majority of the tenants are at $9.00 per square foot. The parking being provided (17 spaces) are identified as follows: 13 in the City Parking Garage, at a rate being offered throughout the City, which is 10 or more spaces at $10.00 per space reduced monthly fee. The four spaces behind the 4th Street Building are the maximum spaces offered per tenant. The parking behind the building is either negotiated as part of the rental fee or as a separate paid item. In this case, four spaces are part of the rental package. Mr. Neville questioned if Mr. Witt felt the time line proposed TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 10 of 19 for the renovation was attainable? Mr. Witt stated as of this morning they received confirmation from all the vendors on their getting their work accomplished within those time frames. The one activity that he believes will have to be pursued diligently is the electrical wiring of the building. Mr. Neville questioned if some work had already been started? Mr. Witt stated yes. Mark Moshay, PSNS employee and President of PEPS Union and a member of the Labor Management Committee for Kitsap County involved with obtaining the grant KCAP and Washington State Employement will be operating, stated he appreciates attention to fiscal responsibility and he also knows of people importance is the image that you present to people you serve. What he did not anyone to lose sight of is the fact that this grant represents a model that the entire nation will be watching. This grant is the only one of its type and many people volunteered many hours to make it a reality. Two representatives from the Pentagon were visiting this area and one of them commented the reason why Kitsap County was awarded that grant was the attitude of cooperation between labor, management, the community and volunteer agencies. He urged Council to think about the dollars, but to also think about the people. The visibility of KCAP operating this program, dealing with defense conversion would tie volunteer, the City and military together in a beautiful way and when this program becomes a working model for the countrywe won't have to worry about two or three years. Mrs. Horton related that someone who was concerned about this lease arrangement made a statement to her that the City was giving away City assets at a cut rate deal, including some parking. Because of the information presented at this time, it was clear that the City was charging KCAP the market rate. She did want a little more assurance that the lease would be for a full three years, however, she understood that could not happen at this time. Mr. Overson questioned if he understood correctly that the City's Project Manager would not be involved in this project? Mr. Witt stated this particular aspect of the 4th Street Building is under his responsibility. Mr. Overson asked Mr. Witt to keep Council updated on what is happening and when the renovation portion of this proposal is completed. He believed Mr. Moshay's comments need to be strongly considered and the proposed project is one that we should all take pride in. #1730 M/S/C/U(Colvin/Collins) to approve the lease with Kitsap Community Action; motion to approve the renovation TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 11 of 19 expenditure in an amount not to exceed $70,500, and that termination of the lease could be without cause with 90 days prior to written notice to the landlord upon loss of grant funding. 6B - INFORMATION ITEM - PUBLIC WORKSHOP: "THE VISION FOR BREMERTON" TO INVITE INPUT INTO THE COMPREHENSIVE PLAN UPDATE, #AB93-210 The Bremerton Comprehensive Plan contains a section entitled "The Vision For Bremerton". Since our vision of the future guides the direction of our planning, it was necessary to review and revise our 1986 vision statements so that they most accurately reflect the direction in which we wish to go. The Citizens Advisory Committee (CAC) and Planning Commission have reviewed the vision statements and forwarded their recommendations. Following its discussion on October 12, the Council's Growth Management Committee directed that the vision statements be brought to the City Council for further input to ensure that they are complete and acceptable. Ron Hough, Planning Manager, reported he is working on the City's Comprehensive Plan and at this time is bringing a small piece of that plan, the Vision For Bremerton. Visioning is becoming a normal practice of the early portions of planning. This is a document that was done for Kitsap County by Anton Nelessen, who does the visioning process throughout the country, and is based out of New Jersey. He noted New Jersey is one of the states leading the way in comprehensive planning for the country and information was borrowed from New Jersey, Florida, Georgia, Oregon, etc., to put into the Growth Management Act of Washington. The City also did some "visioning" in its recent neighborhood study for the Campus Neighborhood in 1992. Chapter one of the City's Comprehensive Plan is the Vision For Bremerton and that plan is a revision of the 1986 Comprehensive Plan, so a new plan is not being developed from the ground up, but rather looking at the old plan that is only seven years old and which took a lot of work in its development. The Vision Of Bremerton section was given to a Citizens Advisory Committee (CAC), which was established late last spring, to review to see if it was the vision that we wanted to continue to lead the Comprehensive Plan in the direction we are currently going. The vision, as described to the Advisory Committee, is the ability to see the end result to see where we are going in a 20-year picture. Vision statements describe a unique and ideal future image of the community, what we'd like it to become and an attainable dream, not just a projection of what the trends are today. And, the vision guides the planning process. The visionary i TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 12 of 19 there is thinking about what is the vision for Bremerton 20 years from now, what kind of community can Bremerton become or should become, what are the needs, what are the opportunities and what are the desires. All this leads into goals and assumptions and in some cases statements that include goals. The CAC and Planning staff reviewed the current vision and evaluated the content, refined the draft and then took it before the Planning Commission for a public hearing in August of 1992. The Planning Commission made some minor changes and set it aside saying it was a good direction to go. The next step was to take the draft to the Council Growth Management Committee, which they did about a month ago, and discussed it to make sure they were going in the right direction because Vision Statements lead goals, policies and everything else that is done. The Growth Management Committee suggested that staff bring the issue before the full Council as an information item, taking input and indicating whether or not the Planning staff were going in the right direction. The Vision for Bremerton statement is divided into eight subjections: (1) Bremerton - 20 Years From Now; (2) Population Growth; (3) Neighborhoods; (4) Human Development/Education; (5) Urban Governmental Services; (6) Economic Diversification; (7) Tourism; (8) Transportation & Mobility. Mr. Hough stated hopefully that covered the realm of what they will be dealing with in the Comprehensive Plan and all the elements that are mandated by the State. He pointed out Bremerton 20 years from now, in the overall view, could have significant growth, better planning and services, economically stronger and more diversified, better schools and health care, expanded arts, entertainment and cultural activities, new recreational opportunities, improved inter-jurisdictional cooperation and efficiency, stronger and more attractive neighborhoods, changes in mobility and our ways of getting around. He emphasized the statements lead the City in a direction and staff will be developing some scenarios, recommendations and amendments to zoning development standards that will assist in going in that direction. He quoted the following from Bremerton - 20 Years From Now: "As growth and traffic increase, travel and work habits will change. New mobility options will be come available, including expanded ferry and bus service, increased car-and-van pooling, and greater emphasis on placing housing and jobs in close proximity to each other. Tele-commuting will become more commonplace as an effective way to reduce travel". Mr. Hough noted all of these things came through the process with the Citizens Advisory Committee, Planning staff and Planning Commission working together and evolved into this set of vision statements and proposed as an element to the Comprehensive Plan. Council TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 13 of 19 could expect to be getting into other elements of the plan in February or March of 1994, with the hope to have it all adopted by July. Mr. Neville questioned if Mr. Hough's work was complete or would this be an on going project? Mr. Hough explained this was just one element of the plan and there is much work left yet to do. Mr. Neville questioned how many members serve on the Citizens Advisory Committee and is there an opportunity for more citizen involvement? Mr. Hough stated there are about 10 regular members, some alternate members and there is opportunity for other to become involved. He announced the CAC's next meeting is Tuesday, November 9, 7:00 P.M., at the Bremerton High School. The topic to be discussed at that meeting will focus on "housing". Anyone wanting additional information on the CAC meetings can contact him at 478-5275. Mrs. Horton noted under Section 9 (A) - Transportation & Mobility (Agenda Package #23), she asked that it be amended to reflect: "...discourage use of single occupancy vehicle" rather than "use of the family car". Mr. Hough stated the intent was to keep the wording in laymanws terms. Mrs. Horton stated she understood that point, but there is a difference between having a car filled with four or five individuals than a single occupancy vehicle. What they are trying to eliminate in transportation is the single occupancy vehicle, not a vehicle filled to capacity. Additionally, she recommended making a change to Section 5 (D) Human Development/Education by including the words "cultural diversity" to that section following "...mentally disadvantaged, cultural diversity...". She felt having that included was important especially because of the Navy involvement and the wide cultural diversity of the community. Mr. Hough pointed out there was a list of "late' arrival" suggestions that have not been incorporated into the text of the element, but were added for Council's consideration. He asked that Council members let him know if there was anything in that list that was not acceptable. He did anticipate further effort to try and incorporate those items into the text if they are deemed acceptable. Mr. Colvin stated he felt it was important having something included for youth within the community. President Fitz noted under Section 5(D) Human Development/Education did address facilities and activities for youth. Mr. Overson questioned if this is a coordinated plan in that it is coordinated with the County's plan? Mr. Hough stated TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 14 of 19 the City is working toward that end. Mr. Overson questioned the process being used for that coordination? Mr. Hough stated the coordination from this stage is primarily at the staff level. There are periodic monthly meetings held with all the planners and Planning Directors throughout the County. Mr. Overson noted this is not an action item, however, he presumed it was presented or approved by some vehicle. Mr. Hough stated what was presented to Council is still a draft that had passed before the Planning Commission through a public hearing process. Later, when the other elements are reviewed, the document will come back through the public hearing process where further adjustments can be made. Mr. Overson questioned if this was the precursor to the Comprehensive Plan? Mr. Hough stated yes, and it was important to bring it before Council early so that they did not head off in the wrong direction. Mr. Collins noted this is an addendum to the Comprehensive Plan, not a new Comprehensive Plan. Mr. Hough explained effort is underway to revise the current Comprehensive Plan and to readopt it at the end. Public comment - none. 7A - RESOLUTION NO. 2449 APPROVING TRANSFER OF BREM-AIR DISPOSAL, INC. TO ENVlROFIL, INC., #AB93-213 Pursuant to Section 8.13 of the contract, Brem-Air Disposal, Inc. is requesting approval of transfer of control of the company to Envirofil, Inc. A staff report along with documentation provided by Envirofil, Inc. has previously been provided to the Mayor and City Council. President Fitz explained this is a continued item and Council did take public comment the last two times this item was before them, therefore, discussion would be closed to just Council member deliberation. Ian Sievers, City Attorney, stated President Fitz was correct. He noted a new set of documents was handed out to Council members at the pre-Council study session with some minor changes indicated on that document. He believed those modifications either provide useful clarification in several spots where the release doesn't materially change what the City needs to see in those documents. Mr. Overson raised the issue that discussion at this time was closed to just Council members. President Fitz emphasized Council had always closed public input after much public input. Last week Council had closed the discussion, however, input was allowed by people who had not attended the two other TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 15 of 19 Council meetings where this issue was discussed. Mr. Sievers stated Council did open up the discussion for additional new testimony last week, but it was closed to the public and Council made its motion on what they wanted included in the resolution. The purpose of this meeting is simply for the Council to satisfy itself that those concerns were included in the documents and that the proceedings were not open to public comment again. Mr. Colvin noted the Council members do have the privilege of calling on someone in the audience to speak on their behalf. Mrs. Horton emphasized if Council wants more public input there is nothing that precludes them from allowing further public comment. Mr. Sievers stated that was correct, if Council wanted to make a change they could make a motion to reopen for public input. Mrs. Horton asked for a show of hands of those in the audience who might want to speak on this issue. Mrs. Horton recognized Lee Harbin to speak. Mr. Harbin stated he posed a question to Mr. Humphreys three weeks ago and did not believe he received an answer. His question was - if Mr. Humphreys is aware of more than one lawsuit being filed against Olympic View Sanitary Landfill and others earlier this year, that claim that the landfill may be a potential source of ambient air, surface water contamination, ground water and soil contamination? And, did he have the opportunity to review these various suits and if so, to what extent will his role be in future litigation, if any? Mr. Humphreys stated the information is not privileged and they have not had the opportunity to really review in detail all of the petitions in those various claims, however, they do intend to address them as they would for any claim against any subsidiary of Envirofil. Mrs. Horton recognized Roy McInnis to speak on this issue. Rev McInnis, 2711 Maple Street, questioned if Council would make public those minor changes that the City Attorney stated were made to the agreement? Mr. Sievers stated the changes were not modifications from the last hearing, but they were modifications from the documents that they drafted and to implement Council's direction last time, so there were changes to the documents in the Agenda Packet. One of the WHEREAS sections of the resolution, that was in the packet, stated the City finds no outstanding obligations and that was changed to the City maintains its position. In the body of the resolution itself they had talked about having a review in six months of what progress had been made in resolving issues and obligations under the contract and to also consider an audit of the landfill operation fund...that was changed to more specifically refer to the landfill closing and post closing funds administered by the Bremerton/Kitsap County Health District. A couple of the exhibits were changed in a minor TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 16 of 19 fashion to provide some assurances that Envirofil requested reserving their right in the release that Don Lindgren gave the City, which was required by the contract. There was a provision added that although he was releasing any claims or cause of action he had against the City if the City chose to pursue him personally later he could defend himself, and of course the conditions of the contract for approval of the transfer did not obligate him to waive his right to defend himself. Mr. Overson noted that Mr. Jim Adrian forwarded a letter listing a series of questions and requested that they be answered. He questioned who would be providing an answer to Mr. Adrian...the City Council President or Envirofil or a combination and when might a response be available? President Fitz stated Mr. Adrian's letter was forwarded to Envirofil. Kathleen McCluskey, City Clerk, stated she forwarded Mr. Adrian's letter to Gary Chrey, legal counsel for Envirofil, who was to pass them onto Envirofil representatives and she has not heard back. Mr. Gary Chrey confirmed he did provide Mr. Adrian's letter to Envirofil and was being reviewed by representatives of Envirofil. Mr. Overson questioned if Envirofil was willing to comment on when a response to that letter will be forthcoming? Mr. Humphreys stated answers would be provided as soon as possible following the closing of the transfer. Mr. Collins referenced the WHEREAS (on page i of the Resolution)... the city maintains its position that Brem-Air Disposal Inc., has an outstanding obligation to correct the disparity between City and non-City collection rates...". He questioned if that included recycling rates? Mr. Sievers stated that section just referred to collection rates, which is the outstanding claim the City is concerned about. The City may also have concern over the recycling rates, however, it is not felt that would be an obligation from past dealings with Brem-Air Disposal. Mr. Overson stated he believed the Mayor, in his comments, expressed the staffs' position, which basically talked about the four criteria and his understanding those have all been taken care of. Ms. McCluskey stated that was correct. #3139 M/S/C(Collins/Neville) to pass Resolution No. 2449 approving transfer of control of Brem-Air, Inc. to Envirofil, Inc. Mrs. Horton stated she will abstain on this item and it was not indicative of how she feels about Envirofil. She does feel that Envirofil is a very sound company, financially as TAPE #1147 City Council Reg. Mtg. Minutes November 3, 1993 Page 17 of 19 well as technically. However, she the City has an outstanding difference when it comes to the rate structure and although she knows from all the legal advice given, that we cannot or should not base this transfer on the rates. She believes the City's rate payers deserve to have the issue looked at and responded to because the City feels there is a discrepancy in what the City residents pay verses what County residents pay. Vote on motion: In Favor: Collins, Dawkins, Colvin, Overson, Neville, Fitz Abstain: Horton Motion carried. TAPE #1148 7B - ORDINANC (FIRST READING) FOR THE ANNEXATION OF THE KITSAP/COP, BET AREA INTO THE JURISDICTION OF THE CITY OF BREMERTON, #AB93-214 A legally sufficient petition for the Kitsap/CorbetAnnexation area has been filed and approved by the City Council of Bremerton. The City has held a hearing before the City Council for discussion on this matter on July 14, 1993. On October 28, 1993, the County BoundaryReview Board unanimously approved this annexation. The Legislative Body must consider: 1) Enacting an ordinance annexing the area; and 2) Approving the pre-annexation zoning for the area. Terrie O'Neill, Municipal Services Coordinator, stated this is the final ordinance for annexation of the Kitsap Way/Corbet area that was revised earlier this year. The process for this annexation has been underway for approximately two years and the 10% petition was before Council in the fall of 1991, showing a larger area that was later revised. In November and December of 1991, she conducted approximately nine neighborhood meetings in that area to complete the 75% petition and in June of 1993 the petition was certified and a public hearing was held. At that time, application was made to the Boundary Review Board where there was an invocation of jurisdiction and a request for a hearing from the Rocky Point Water District. That hearing was held on September 30, 1993, and the decision was carried over to October 30, where a unanimous decision was given supporting the annexation of the area described. The Boundary Review Board needs to release a written decision that describes why they came to their conclusion and they have promised release of that document on November 18. She projected the effective date of the annexation to November 28, 1993, provided Council approves the proposal as presented at this time. TAPE #1148 City Council Reg. Mtg. Minutes November 3, 1993 Page 18 of 19 A census of the annexation area has been conducted resulting in identifying 16 people residing within that area. The area is assessed at approximately 5 1/2 million dollars and 4.6 million dollars was identified through petitions, which was 84%, and 10% more than was required. The area contains 29 parcels and of those four parcel owners voiced objection to the annexation, six parcel owners who did not respond and 19 property parcels in favor. The annexation area includes a convenient store, Methodist Church, a bank, car sales lot, realtor, an attorney's firm, furniture store, two fast foods stores, a doctor's clinic, a pharmacy, a day care, a tire sales store, trailer sales and mechanic shop. Mrs. O'Neill urged Council's approving this ordinance to finalire annexation of the Kitsap Way/Corbet area. Mrs. O'Neill also noted that the Boundary Review Board also passed the Crown Hill Annexation and all that was left to finalize that annexation was the official Boundary Review Board decision document. Robert Ackerman, 3706 Arsenal Way, expressed his concern about the City expanding through annexation and acquiring more streets, more sewer lines and other things to put in and/or maintain. He believes that City funds would be expended in the newly annexed areas and older parts of the City would go without needed street repair, sewer upgrades, etc. Mrs. Horton explained this annexation is on Kitsap Way, which the City already currently maintains and then goes up Marine Drive, which the City currently maintains. There is a great deal of tax base within the annexation area and that will benefit the City in helping to maintain services in the future. She acknowledged that the City needed to address street needs in other parts of the City during the 1994 budget review session because it is a separate issue. She agreed with Mr. Ackerman that the City does need to maintain City streets better. Mr. Overson stated previous to this annexation everyone who accessed these areas were using these roads but no funding was provided to maintain them and now there will be. As the City becomes consolidated services can be distributed better. He complimented Mrs. O'Neill on a "job well done" on this annexation and wanted her to know her efforts are appreciated. Mr. Colvin stated Mr. Ackerman was correct and the City needs to be aware of taking in more property than that which can be maintained. #0271 M/S/C/U(Horton/Colvin) to approve ordinance, on first reading, annexing approximately 20.18 acres known as the Kitsap Way Annexation Area, located north of Kitsap Way, east of Marine Drive and west of Corbet Drive along Kitsap Way, into the City TAPE #1148 City Council Reg. Mtg. Minutes November 3, 1993 Page 19 of 19 of Bremerton and fixing the effective date of annexation. #0285 M/S/C/U(Horton/Dawkins) to approve the zoning as recommended by the Planning Commission. With no further business meeting adjourned at 7:42 P.M. KATHLEEN L. McCLUSKEY, City Clerk , EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault