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HomeMy WebLinkAbout09/27/89 0CT18 TAPE ~676 'trNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES SEPTEMBER 27, 1989 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 27~ 1989 at 5:30 p.m., with Council President Spencer Horning. Council members present were: Lon Overson, Shirley Marty Crutcher, Lynn Horton, Hank Waibel, Morrie Dawkins, C. R. "Tiny" Collins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and Deputy City Clerk Gii Johnson. The meeting opened with the Pledge of Allegiance led by Council President Horning and invocation was given by Councilman A1 Coivin. CONSENT AGENDA A. Minutes Of Meeting - SepTember i3.~ i989. $AB89-265 )027 M/S/C/U(Waibei/Crutcher) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified Dy 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 which has been made available to the council. )050 M/S/C/U(Coivin/Horton) on September 27~ 1989~ the Council does approve for payment those vouchers included and further described as follows: I00148~ 100149, 100155 through 100319 in the total amount of $422~024.55 and Regular Payroll in the total amount of $351~135.i4. COUNCIL MEMBER REPORTS Mr. Johnson reported among the letters received from private industry regarding recycling the City also received one from the Department Of Ecology thanking the Council for leadership in Bremerton on the Resolutions for preferential procurement, goals setting and prioritization for recycling. Also~ on Tuesday, September 26, a second program on a series of Earthquake Preparedness was presented on Cable Access Channel 29. He commended ti~e cable personnel ±or setting up this program. Mr. Coivin attended the Economic Development Council (EDC) Summit on Tuesday~ September 26.. and appreciated tlne effort put into this event by the many organizations involved. And~ on Sunday, Septemoer 24, he met with a group of young Sunday School people and discussed with them what they would like to be when they grow up. As a result of this discussion~ Ai promised them he would help them to meet people who were in different professions they had named and also invited them to attend and speak to the City Council. Mr. Dawkins announced this past weekend the Third Annual Kitsap County/Bremerton Hall Of Fame was held, which is made up of the old baseball players and softball players starting in about 1930. This event was well attended and old friendships were renewed. A Golf Tournament was held on Friday, Sept. 19, at Gold Mountain, a picnic and softball game were held at Roosevelt Field and a formal awards banquet was held at the Quality Inn on Sunday afternoon. Mr. Waibel announced this Friday~ September 29~ the Standing Committee On Transportation~ which is a subcommittee of the Puget Sound Council Of Governments, will hold a special meeting to talk about the transition to the new form of i~SCOG and following that TAPE #676 City Council Reg. Mtg. Minutes September 27, 1989 Page 2 of 18 the Economic Development Council will have a meeting at that same location. Mr. Waibei will De attending both of these meetings and will report back to Council at next weeks Council meeting. Mrs. Horton stated she spent two days at the Governor's Training Institute on Urban Renewal and Economic Redeveiopment, which was held in Eliensburg. She found the conference very informative and other representation from Bremerton included Bremerton Main Street~ ECD, Flagship, Olympic College and the City of Bremerton. Among some of the things they learned~ as far as urban renewal, it was pointed out that in a lot of instances things~ such as rehab of bukldings, can be accomplished that do not cost a lot of money - having good maintenance, creative painting, modern facades removed to find original buildings. The second part of the conference was economic redevelopment and what cities can do to encourage not only new business but business retention.., what can the City do to help those business stay and grow. One thing which was pointed out through the whole event was that there is no one entity or thing that can turn things around. Discussion brought out time after time that joint efforts between municipalities, Chambers Of Commerce, EDC's, Main Streets and Flagship groups as well as the private sector were needed and some remarkable results produced. She felt Bremerton is on the right track to redevelopment. She will provide a detailed report on this subject at the November Study Session. Mr. Crutcher stated he spent a couple of days taking with citizens of Bremerton about parking needs and the relationship of PSNS to the City. He pointed out that citizens of Bremerton are just as much a part of PSNS as anyone else and it is hoped that there will be efforts to work cooperatively to solve some of the problems. Mr. Overson stated he had good reports from those in his District who attended the EDC Summit on September 26. He reported progress is being made on the sewer project and some real positive results are being seen. This is 5he basis on which the future of the City will De built - this City's government reaping the rewards of years of work to do our part to turn the City around downtown. Mr. Horninq stated he also attended the EDC Summitr thought it was wonderful and a report will De forth coming. Mim Heuss, Executive Director of Bremerton/Kitsap County Visitor and Convention Bureau, stated she was ready to give an update to activities at the Bureau in response to Council's SLI. The Bureau also was a participant at the EDC Summit and what they learned out of t~aE event was that tourism is very positive for the community and citizens want tourism to be an active part of future plans. Region 8 Tourism Council - is comprised of five Counties that make up the Olympic Peninsula and the VCB won a competitive bid to house the Administrative Offices of Region 8 Tourism Council in Bremerton. What this means is with ali of the Regional advertising that goes out state and nationally - 121 Washington, Bremerton, WA will be listed on every brochure, magazine article, etc., that is written about the Olympic Peninsula. It will also provide a 1-800 telephone number in their office which will be installed in January. That I- 800 phone number will then put an answering service in business to take care of the more than 1,000 inquiries per month that come in regarding the Olympic Peninsula. Also, a first class computer will be provided which will greatly enhance the VCB office. VCB's Office Space - due to the addition of Region 8 Tourism Council, Bremerton's VCB office space became an issue so an additional 900 sq. ~t. will be rented, directly in back o~ their TAPE ~676 City Council Reg. Mtg. Minutes September 27, 1989 Page 3 of 18 current office space. Ms. ~euss handed out copies of the VCB's annual report, containing some interesting statistics and facts. She noted the VCB is still an active part in the USS Turner Joy project - the first phase is completion of the brochure for a membership drive and that brochure is being included in mail outs from the Bureau. A Marketing Plan has been developed for 1990, which deals primarily with conventions and bus tours - their goal for 1990 is to increase this by a considerable amount. The Bureau does have a couple of concerns and one being since Kitsap Transit has moved their main downtown stop right in front of the Bureau offices the Bureau's walk in traffic has dropped from 110 per day to about 10 per day. People are unable to see the Bureau office because of the buses being parked there. Effort has been made by Kitsap Transit to provide some additional parking spaces around the side of the building but people are not finding them. This situation should only last until January 1990. Some of the positive things happening in their location is that the new ferry slip being put in place in January will allow buses back into Bremerton which has not meen possible, via ferries, for the past five years. All bus traffic has had to be routed through Bainbridge Island. Their Washington State Tourism Conference is October 4, 5, 6, in Tacoma, and Ms. Heuss extended an invitation to any Council members who would like to attend. Clyde Strickland, President of VCB, stated they also enjoyed the EDC Summit meeting. He noted one of the things the USS Turner Joy project will do for Bremerton is point out the importance of the people here in Bremerton are the people who built, operated and maintained those ships. Mr. Dawkins congratulated Mim and Clyde on their presentation at the EDC Summit meeting. PUBLIC RECOGNITION Margaret Jensen, Service Representative of NARFE (National Association Of Retired Federal Employees), announced that N'ARFE has an office located in the PSNS Employment Office and are open Tuesday and Thursday afternoons 12:30 - 2:30 p.m. This office is manned by volunteers who assist retiree who need assistance in some way. Much information and a variety of forms are available at this office which could be obtained locally and not have to be requested by mail. She noted that NARFE encourages people of all ages to plan for the retirement years at least five years prior to retirement. And, she pointed out that many retired federal employees are not aware of changes in their benefits or programs and strongly urged that people xnquire at least annually for updated information. The local NARFE organization currently has about 3,400 people with about 200 attending the monthly meetings which are held at Sheridan Lounge, 3rd Tuesday of the month at 1:00 p.m. Anyone wanting more information on NARFE can contact the office at 476-1064 or Mrs. Jensen personally at 373-8451 (7:30 a.m. tO 11:00 a.m.) Jim McDonald 2944 Pawnee Drive NE, questioned how a ~'tire wail:' was allowed to be built in the City. He provided a picture showing a retaining wall made of used tires and dirt and questioned how a building permit could have been issued, which it was, for the construction of such a wall? He requested the Council to direct staff ~o develop an Ordinance which would prohibit the use of waste stream products for storage or use in construction. President Hornina requested the City Clerk to look into this matter. TAPE #676 City Council Reg. Mtg. Minutes September 27, 1989 Page 4 of 18 Louis Mentor~ 2669 Marine Drive, stated the need to work with Olympic College to help ease the parking problem they are experiencing. He noted the controversy over the possible sale of Roosevelt Field to Olympic College which would then be used for parking. Parking needs are a today concern and he believed the City of Bremerton could assist the College with options which would provide additional parking spaces. He offered to meet with the City Council either at a regular meeting or special study session to present his proposal. Clarence Land, 145 S. Lafayette, stated as he recalled there was a Parking Plan voted on by the City Council several months ago which would provide for some free parking as well as increased fine for parking violations. He indicated that what concerns him is that nothing happened after Council action and questioned who is in charge of seeing implementation is carried out? Del Knauss, 139 Olympic Avenue, challenged any one of the Council members to pass a Resolution to just drop the issue of selling Roosevelt Field. He feel the issue has ripped the City apart and if a sports complex is desired to go to private solicitation of funds. RoM Mcinnis, 2711 Maple Street, stated he did not support the sale of Roosevelt Field and he hoped this Council would see their way to drop the issue of selling Roosevelt Field. Elizabeth Buell~ 1722 High Avenue~ stated she does not support selling Roosevelt Field and warned the college kids to stop parking their vehicles on the sidewalks before the City catches them and give them tickets. Kathleen McCiuske¥~ City Clerk, read a Proclamation recognizing the responsibility of the American Red Cross to help meet the human needs of disaster victims and the immediate needs due to the devastation brought about by hurricane Hugo. And~ Mayor Gene Lobe urged all individuals, groups and organizations to make contributions for relief of disaster victims to the American Red Cross. President Horninq stated it was an honor to have the Red Cross so active within our community and commended the local chapter for doing an excellent job both locally and afar. Mike Lande__r, Director American Red Cross~ stated three of the four last months he has represented the Board of Directors of the local Red Cross Chapter talking about disaster preparedness and the need in the County. He noted we are very fortunate that this disaster did not occur here, however, there is a major job ahead in providing disaster relief for the 100~000 families that have been affected by the hurricane. As a non-affected area, we have been asked to do our share in raising the 42 million dollars that relief effort will require. Mr. Danders handed out donation envelopes and requested that each person consider a personal gift for the disaster victims. Kathleen McCluske¥~ City Clerk~ read a Proclamation recognizing the work of the YWCA~s A.L.i.V.E. Program assistance to victims of domestic violence and promotion of public awareness of the problem; with Mayor Gene Lobe declaring October 2~ 1989 as "NIGHT OF UNITY" in the City of Bremerton. 6A - EXTENSION OF INTERLOCAL AGREEMENT W~TH BREMERTON HOUSING AUTHORITY AI~D BUDGET ADJUSTMENT APPROVAL~ $AB89-266 On July 19~ 1989~ the City Council approved an Interlocai Agreement between the City of Bremerton and Bremerton Housing Authority for enhanced patrol and drug eniorcement for a three month period (July I through September 31, 1989). The Bremerton Housing Authority has requested an extension of the TAPE $676 City Council ReG. Mtg. Minutes September 27, 1989 Page 5 of 18 Interlocal Agreement to cover the period of October 1 through December 31, 1989. Police Chief Del McNeal briefly reviewed the activities currently taking place by the patrolling of Bremerton Housing Authority noting that the patrol effort is working and he urged the Council to approve the request. Mr. Johnson questioned for clarification what was the $5,000 for capital if this is an extension of the old program? Chief McNeal stated at this time they are using a computer system and billing the Housing Authority for those services in the capital area. ~ Johnson questioned if this is Going to continue he did not want to see it continue on an overtime basis. Chief McNeal stated this is a program that started out with Bremerton Housing Authority feeling the need and finding resources within their own budget to fund it. They were not sure how far their resources would Go, which brought about the three month proposal; now they have the ability to roll over some funds and carry the program another three months. Chief McNeal does anticipate in January new revenue sources that would support a longer program. He is cautious about working his officers too much and monitoring them so that one person is not overworked. If funding is available through the Housing Authority, he would like to request hiring a full time officer. Also, included in the request for contract extension is a request to approve a budget adjustment, which is needed because they are expending Police Department budget for the officers doing the patrolling and are recouping the funds from the Housing Authority but it does not reflect back into the Police Department budget. This adjustment allows those funds to be returned to the Police budget. Mr. Colvin questioned since the Housing Authority is within the City limits isn't the City obligated to provide them Police protection? Chief McNeai stated the City does provide them Police protection but this above the normal amount of officer service they receive. The Housing Authority is made up of 75 acres and is a close knit Group and they recognize they are attractive for a lot of items and people to be there. The Housing Authority has recognized that problem and have asked the Police Department for assistance. Mr. Waibel stated he believes the Housing Authority could get more for their money if they were not paying "overtime" time and they could pay for the training up front of an officer and pay straight time - covering this period for less than as it is under overtime service. He pointed out the U.S. President's recent support of committing funding to Housing Authorities for these kinds of services and Mr. Waibel supported bringing on more people, getting them trained and ready to provide the needed service because of the drug problems in that area. Chief McNeai stated he would agree with Mr. Waibel if the Housing Authority would agree that they would fund the people in training and he will go back to the Housing Authority and ask them if they are willing to do this. Mrs. Horton stated this issue was discussed in the Operations Committee - the Chief had indicated he would have an answer by next month as to what funding would be available at the first of the year. She also did not support the overtime and time and a half but in the coming year the budget will be tight and she supported not hiring someone until funding could be guaranteed. She did not want the rest of the City to suffer as a result of that. Chief McNeat stated right now they have a viable Civil Service list and they are doing some background checks in anticipation of future needs. Mr. Jonnson stated he would support the proposal but he believes the City Council should relay to the Housing Authority that the TAPE $676 City Council Reg. Mtg. Minutes September 27, 1989 Page 6 of 18 Council wishes to increase cooperation with them, particularly in the area of drug enforcement and general police activities in their area and would offer assistance through our Grants manager in possible joint application for grants funding. Mr. Collins pointed out that Ms. Devaney, Grants Manager, had already assisted the Housing Authority for their 1990 grant application. .783 M/S/C/U(Crutcher/Dawkins) to extend the Interiocat Agreement between the City of Bremerton and Bremerton Housing Authority for the purpose of enhanced patrol and drug enforcement from October 1 through December 31, 1989, and to approve the Budget Adjustment. 6B - APPROVAL TO SUBMIT JOINT APPLICATION WITH KITSAP COUNTY HEALTH DEPARTMENT TO PUGET SOUND WATER QUALITY AUTHORITY, $AB89-267 Puget Sound Water Quality Authority provides Centennial Clean Water money to fund public involvement and education in issues surrounding water quality. Kitsap County Health Department and the City of Bremerton staff have proposed a joint project which develops: 1. Interpretive Center at waterfront. 2. Water quality signage for County. 3. Stormwater educational brochure for City of Bremerton residents and business people. Connie Devane¥, Grants Manager, stated the Health Department will act as the lead agency and will contract with the City of Bremerton for specific services. Mr. Jonnson questioned if the Interpretive Center at the waterfront will explain what sediment is where by the Recreation Pier? Ms. Devane¥ stated it is hoped that is exactly what it will do. Mr. Waibel questioned if this requires matching funds? Ms. Devaney stated this particular money does not require matching funds. Mr. Colvin questioned what is the anticipated date of receiving the grant funds? Ms. Devaney stated she believed it will be some time in November. Mrs. Horton stated she feels that Bremerton and the recreation pier project had been held captive by State and Federal entities. She believes the City could have had the Interpretive Center and Fishing Pier had various entities wanted to sincerely make an effort to do something that makes sense. She thinks the environmental issues are very important but in the process they discourage and do a lot of harm. And~ she feels this is a little bone that has been thrown to the City and for that reason she will abstain from voting on this issue as her way of protesting the whole action. .970 M/S/C(Crutcher/Coivin) to authorize the proposed grant application be submitted with Kitsap County Health Department to Puget Sound Water Quality Authority. Vote: In Favor: Waibei~ Collins, Dawkins, Colvin~ Johnson Overson, Crutcher, Homing Abstain: Horton 6C - APPROVAL TO SUBMIT GRANT APPLICATION - COUNTY-WIDE SAFE DRIVING TASK FORCE, $AB89-268 The State Highway Traffic Commission provides funding to develop local Traffic Safety Task Forces. TAPE #676 City Council Reg. Mtg. Minutes September 27, 1989 Page 7 of 18 The City of Bremerton staff has discussed a proposed program with the Commission and has been invited to apply. The proposed program develops a County wide Traffic Task Force and coordinates the DWI Victim Panel. Council approval is required for grant application submittal. Connie Devane¥, Grants Manager~ stated the City has an opportunity to apply for $38,673 to be used to develop a County-wide Safe Driving Task Force. The proposed project will provide funding for one full time person in the Municipal Court Department, who would be responsible for coordinating Safe Driving Education Programs throughout the County and coordinating the DWI Victim Panel that the City is currently operating. The Victims Panel is also a County-wide service and the City has been coordinating this for about one year - utilizing current staffing level. With the new proposed position the current staff will be freed up for completion of proDation case work. The grant is program start up money and will last for a three year period. After that time, the City is expected to pick up the cost of the program and ensure its continuation. The DWI Victim Panel has an Advisory Board that will be charged with fund raising for the program. In addition, Kitsap County supports the program and a letter of support is coming from Commissioner John Horsley. Mrs. Horton stated this was discussed in Operations Committee meetings on several occasions and Ms. Devaney was directed if the City goes ahead with the grant and receives funding then at the end of the three year period the City needs to approach various entities such as Kitsap County to help with the funding. Ms. Devane¥ stated the DWI Victims Panel does have an Advisory Board comprised of some Judges and different legal personalities in the area and they will be charged with fund raising for the program also. Mr. Waibe~ stated actually the Operations Committee has asked that source of funding after the three years be started now and he hoped the letter coming from Commissioner Horsiey will include some potential financial commitment as well as commitment to the program. Ms. Devaney stated that was her request to Commissioner Horsley. President Horninq questioned if the City receives and accepts the grant is there a reason to believe that the program will have to be continued forever? Ms. Devane¥ stated she had not seen the actual contract but she did not believe it would be that binding. However, the State Highway Commission expects the City will continue the program. Mr. Colvin questioned if matching funds are required as part of this grant? Ms. Devane¥ stated no - funds are granted to start a program and then it is assumed after three years the program will be up and running and the City would then be willing to accept the responsibility for that program. Mr. Colvin questioned what would happen if after three years the City did not have funding avaiiaDle? Ms. Devaney stated that would depend upon what is actually stated in a signed contract. And, if the City does not like the contract as proposed then the City does not have to sign it and the issue is dead. Mr. Jonson expressed concern that the City would be running a County-wide program and feels it would be more appropriately run by Kitsap County. He would like to see, in writing, some financial commitment from the County before the City gives its authorization. TAPE S676 City Council Reg. Mtg. Minutes September 27, 1989 Page 8 of 18 Mr. Waibel pointed out the strength of the application needs to De looked at to show continuing support and that is why it is so important to have the commitment from the County. He was not sure if the time limit for submittal could be met. Mrs. Horton pointed out that the City is currently running a DWI Victim Panel that serves the County. 1208 M/S/F(Crutcher/Horton) to authorize the proposed grant application be submitted to the State Highway Traffic Commission. Vote: In Favor - Dawkins, Crutcher, Horton, Horning Opposed - Collins, Johnson, Overson, Waibel Abstain - Colvin Motion Failed. 1541 M/S/C(Waibel/Colvin) to support this application if in fact, prior to submittal, a financial commitment is received from Kitsap County to help fund the program four years out. President Homing cautioned that the time limit for submittal may not allow enough time to get a response from the County Commissioners and he pointed out that the City could submit the grant request and then make the decision to go ahead or stop at the time the contract is submitted for signing. And, he stated in principle he was supportive of the motion but he would be against the motion due to the short time line for the County to respond. Mr. Waibel questioned if the County Commissioners knew about this proposal prior and how long ago? Ms. Devane¥ stated she wrote the letter asking for support before speaking to the Council on this. That letter went to Commissioner Horsley and she later talked with him personally about issuing a letter and at that time she told him the City would like some financial support - that it did not need to be a number at this point but that we would want him to assist the City in supporting this program in some manner. His response was fine - he wanted some of his staff to review the proposal and get feedback as to how well the current DWI Victim Assistance Panel was doing. President Homing noted the passage of this motion hinges on the City receiving the letter by Thursday and the application to be mailed on Friday - September 29. Vote: In Favor - Coivin, Johnson, Overson, Crutcher, Waibel, Collins, Dawkins Opposed - Horton, Morning 7A - OKDINANCE (FIRST READING) AMENDING REGULATION OF GA/[BAGM ACCUMULATION AND DISPOSAL, #AB89-242 The City has been experiencing enforcement problems on properties where the owners do not voluntarily abate garbage complaints. The abatement procedures of Chapter 6.20 of the Bremerton Municipal Code have been revised and consolidated in Chapter 6.04 GARBAGE AND REFUSE. Dick Mu~uma, Building Official, stated the City had been experiencing problems in trying to define in many cases what garbage and debris was during Court cases. He developed some language which in his opinion defined garbage and litter more clearly, including some specific items which they were having some problems with. While his proposal was in the City Attorney's office for review they pointed out there was repetitious language in Section 6.04 and 6.20. Due to this, the City Attorney combined the two chapters into what is now felt is a very clean ordinance and redefining procedures used. Mr. Waibel suggested removing the word "remove" under Section 6.04.050(a), in order that it read correctly, lan Sievers, City Attorney, stated he had no problem with this correction. 'YAPE ~676 City Council Reg. Mtg. Minutes September 27, 1989 Page 9 of 18 Mr. Johnson expressed concern over the language in Section 6.04.050(a) and questioned if it would restrict him from placing a garbage can out on City right-of-way for the garbage company to pick up? Mr. Mumma pointed out the language is currently in the ordinance and has been since 1942 and it has not posed much of a problem for persons wishing to dump garbage at a landfill facility. However, if Council feels the word "remove" be deleted then he supported such action. Mr. Collins questioned if the ordinance~ as amended, would be enforceable? Mr. Mumma stated yes. .PE #677 Mr. Owerson questioned if the intent of Section 6.04.050 was to tell the citizens they can not dispose of their own refuse? Mr. Sievers stated he believed it was after seeing other City ordinances and the worry about litter and mandatory garbage service so rates can be kept down for the whole City. Mr. Overson stated he felt this was too restrictive and he would not support the proposal. ~077 M/S/C/U(Waibei/Collins) to approve ordinance, on first reading, amending regulations for the deposit and removal of refuse, and amending Bremerton Municipal Code Chapter 6.04 and repealing Chapter 6.20, and removing the word "remove" from Section 6.04.050. Mr. Colvin questioned if this would restrict a person who has a truck load of excess yard cuttings from taking them to the garbage dump themselves? Mr. Sievers stated even with deleting the word "remove" there are other sections which deal with garbage disposal and that it has to be picked up and removed by the authorized disposer. And, the City contract with Brem-Air Disposal Inc., has rates and volumes based on this ordinance and it would be very difficult to change this point without also looking at renegotiating the contract. Mr. Johnson stated any changes in philosophy of the ordinance should not be made until after the garbage contract has been renegotiated. He urged the Council to vote down the proposal and send it back to the department for further review. Mr. Mumma stated the reason that particular language was deleted was because the EPA prohibits Durning of those articles. The only thing that may be burned in the City limits is natural vegetation and by having that law written into the City ordinance the City was in violation of EPA requirements. Mr. Johnson stated he did not believe the law prohibited burning newspapers outside since they are allowed to be burned in side the home in fire places and wood burning stoves. Mr. Mumma stated actually burning of paper in the fire place or wood stove is also prohibited. Mr. Johnson requested verification of that law. President Morning stated he intended to vote in favor of the proposal because it will provide the City tools of enforcement, however, he noted it is real clear when opening the Garbage Collection contract, currently held with Brem-Air, that there is a need to review thi~ as well as other documents. And, questioned if Mr. Mumma agreed that this should be dealt with at the time of contract review with recycling in mind? Mr. Mumma stated his original intention was to deal only with Chapter 6.20, which had originally just had garbage and refuse in it. Section 6.04 dealt with garbage pick up and contracts and the City Attorney recommended that those two chapters be combined and he voiced his concern that the areas dealing with the contract not be touched. And, yes later on other areas of that chapter do need review and rewritten. Mrs. Horton stated if this ordinance is not approved at this time TAPE ~677 City Council Reg. Mtg. Minutes September 27, 1989 Page 10 of 18 she would like some direction to either have the area pertinent to enforcement for Building Official totally removed and brought back separately, thereby 'leaving Section 6.04.050 totally alone, mr. sievers stated it was more critical than just quibbling with definitions of waste. He agreed that Section 2, which does address some of the garbage collection issues, could be removed. However, it is more critical that the Building Official be allowed to go forward to do some abatement and what is important to that is to now have the lien, which was incorporated in this chapter. There is a State Law Lien on property for garbage disposal, for example, the City can lien the property if people do not pay Brem-Air Disposal for garbage pickup or if they don't pay the City for the clean up effort undertaken. 452 M/S/C/U(Johnson/Overson) an amendment to the original motion that Section 2 be stricken from this ordinance. Mr. Colvin questioned if striking Section 2 of the ordinance diminish the effectiveness of the ordinance? Mr. Sievers stated he did not think so. It will not affect Mr. Mumma's program of garbage abatement, it won't affect what is happening now for burning waste paper and debris because apparently they are not getting permits from the Fire Department to burn the materials outside and they will continue to enforce this. President Hornin~ stated if something is removed from a proposed amendment it leaves what was written previously, so there is no change to Section 2. Mr. Mumma stated there is one possible problem - he believed this section was originally written into Chapter 6.20, which is proposed to be repealed and if they do not adopt the amendment the City will not have it. Mr. Waibel stated for clarification what is being discussed is an amendment to 6.040.050. Mr. Muauna questioned of Mr. Sievers if this section was in Section 6.04.050 originally? Mr. Sievers stated that was the original section and the minor changes were underlined. Vote on the amendment: In Favor - unanimous vote. Vote on original motion: in Favor - unanimous vote. 7B - ORDINANCE (FIRST READING) REPEALING B.M.C. 6.24 - FUMIGATION ~AB89-269 The Fumigation Ordinance BMC 6.24 was enacted in 1944. In 1961 the State enacted the Washington Pesticide Application Act, RCW 17.21. It is recommended that BMC 6.24 be repealed because fumigation licenses for business operations and private applications are covered in the RCW. Safety measures and examination requirements are also addressed, thus ensuring safety standards for workers in the industry and the public. The City has not issued fumigation licenses nor enforced BMC 6.24 for several years. Kitsap County has no~ adopted a Fumigation Ordinance, and the Bremerton Kitsap County Health Department looks to State enforcement. Ian Sievers, City Attorney, stated the ordinance has been preempted by State licensing since 1967. Public comment requested - none received. )645 M/S/C/U(Waibei/Colvin) to approve Ordinance, on first reading, repealing the fumigation regulations, Bremerton Municipal Code Chapter 6.24. 7C - OKDINANCE ~4328 (SECOND READING) AMENDMENTS TO UNIFORM SIGN CODE, ~AB89-262 Mr. Waibel questioned if Mr. Mumma had looked into whether or not TAPE $677 ~-~ ,-~ City Council Reg. cg. Minutes September 27, 1989 Page 11 of i8 there is language in the ordinance covering cloth signs. Mr. Mumma stated yes, what was actually done was amend the ordinance, on second reading, leaving the definition in Chapter 14 of cloth signs and only removed 14.01, which was the section creating the problem. ~713 M/S/C/U(Waibel/Collins) to pass Ordinance $4328, on second reading~ amending Section 17.04.030(6) of the Bremerton Municipal Code to eliminate Chapter 14 of the previously adopted Uniform Sign Code~ 7D - RESOLUTION #2266, COMPREHENSIVE PARK & RECREATION OPEN SPACE PLAN AND C.I.P, ~AB89-264 The Bremerton Parks & Recreation Department, City Staff, Bremerton area residents and the Parks & Recreation Board formed a steering Committee in 1988 to complete the proposed 5 Year Comprehensive Park & Recreation Open Space Plan. The plan was created with citizen involvement through community surveys and public meetings. The plan outlines the community planning areas, existing facilities, 6 Year Capital Improvement Plan, demands and needs, goals and objectives and the Action Plan. Vickie Vanneman, Assistant Parks Director, stated she had provided an amended copy of the C.I.P., which included a legend. She did note that there were still some minor errors in the most recent copy of the plan that Council received. There are three areas of concern that will be altered before the plan is forwarded to Olympia. Public comment was requested - none received. Mr. Collins questioned if an inventory will be updated on an annual basis? Ms. Vanneman stated yes. Mr. Collins questioned if funding had been set aside to carry out this update? Ms. Vanneman stated the plan is on a computer disc which would allow updating through a simple procedure. Mr. Waibel pointed out this may be good information to include on Council's Bulletin Board system. ~841 M/S/C/U(Overson/Crutcher) to pass Resolution #2266, approving the 5 Year Comprehensive Park & Open Space Plan. 7E - RESOLUTION_~_~267, AQUATIC LAND ENHANCEMENT ACCOUNT GRANT APPLICATION TO DEVELOP OVER-WATER BOARDWALK - DESIGNATING SOURCE OF LOCAL SHARE, ~AB89-27q Staff, with Council approval has submitted grant application in the amount of $75,000 to the Aquatic Land Enhancement Account to develop an over-water boardwalk from First to Second Street. ALEA requires a local cash match of 254 or in this case $25,000. In order to complete our grant application to ALEA, this Resolution is required. Don Pratt, Director Of Community Development, stated Items 7E and 7F are both driven by this project and would include in his presentation the two Agenda items. Several months ago the City Council authorized submittal of a grant request for funding from State agencies to build a waterfront boardwalk. The grant applications were submitted and the project defined in both applications totalled $434,359, which presents a projected construction estimate of a 13,000 sq. ft. boardwalk at an estimated cost of $30.00 per sq. ft. There are two State funding sources available that can fund such a project, one the Aquatic Lands Enhancement Account, which is TAPE #677 City Council Reg.~':g. Minutes "~ September 27, 1989 Page 12 of 18 funded by the Department Of Natural Resources using gas tax that is paid for gasoline to operate motor vessels; and the other is the Interagency Committee For Outdoor Recreation~ which is a combination of State and Federal monies. The maximum amount of funds available through the ALEA is $75,000 and the maximum amount available from IAC is $150~000. In order to receive the grants the City will have to provide a minimum of $175,000 of matched funds. Council is being requested, through Item 7E and 7F, for the total $175,000 to identify the source of matched funds to the funding agencies. In addition, Council is being asked to budget $9,000 over the $175,000 to construct the project defined. If Council approves Resolutions #2267 and #2268, it will authorize a budget amendment that transfers an amount of $184,359 from the Real Estate Excise Tax Account, which currently has a balance of $227,000 from $1989 ending cash and they expect a total of $75,000 in revenues from 1990 for a total amount of $302,500. The grant request, under Resolution ~2267 (Item 7E) - $434,000 - Project Description: is a new public pedestrian over water boardwalk from First to Second Street, which will be the only project of this type in the City. The project is part of a larger development including a municipal breakwater and pier, includes Department Of Transportation funding, includes a pathway park which was previously funded and also is coordinated with the sewer system upgrade and placement of a surplus Destroyer for public viewing. Public comment invited - none received. Mr. Collins pointed out in the upcoming budget process funding for certain services may be very limited and he felt the citizens deserved an explanation of why the City can spend $300,000 but can't afford additional Patrol Officers and requested Mr. Pratt to explain why this is so. Mr. Pratt stated the request is actually for $184,000 not $300,000. ~he State law allows the City to impose a tax on real estate transactions and if the City does impose that tax the funds collected from that tax can only be spent on capital improvement - they cannot be spent for operations. If the City does not budget these funds, these funds can be spent for other capital improvements for the City but they canno~ be spent to fund another Police Patrolman. Mr. Colvin questioned if the City could spend the interest earned on these funds on something other than capital improvements? Kathleen McCluskey, City Clerk, stated the interest is apportioned back to the Real Estate Excise Tax fund. Mr. Waibel questioned if a motion would be necessary to move those funds from ending balance in order to be able to pass both Resolutions (7E and 7F)? Mr. Pratt stated no - he had been advised that the proposed Resolution is adequate to indicate to the State that the City has committed the funds to the project. Mr. Waibel stated he had a problem committing funds the City does not have to commit. Mr. Pratt stated the ending cash of 1989 is $227,000 and only $184,000 is being requested. Mr. Waibel questioned if there were other commitments of those funds made somewhere else? Mr. Pratt stated no. .139 M/S/C/U(Dawkins/Colvin) to pass Resolution 92267, stating that $25,000 from the Real Estate Excise Tax Account be dedicated to the Over Water Boardwalk from First to Second Street and be used as local share in ieveraging ALEA Funds. 7F - RESOLUTION ~2268, INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION' GRANT APPLICATION TO DEVELOP OVER-WATER BOARDWALK - DESIGNATING SOURCE OF LOCAL SHARE~ ~AB89-27i TAPE %677 City Council Reg. Mtg. Minutes September 27, 1989 Page 13 of 18. Staff, with Council approval, has submitted grant application in the amount of $150,000 to the Interagency Committee for Outdoor Recreation to develop an over-water boardwalk from First to Second Street. IAC requires a local cash match of 504 or, in this case $150~000. In order to complete our grant application to IAC, this resolution is required. Don Pratt, Director of Community Services, stated the introduction to this request is the same as for Item 7E. The project description is the same except for the funding agency. In this case, out of the $432.000 they are asking for the maximum amount available of IAC - S150,000 with the City providing $150,000 matched funds. If the Resolution is approved as presented, it will be tied into the same budget adjustment as Item 7E ($184,000). Public comment invited - none received. Mr. Johnson questioned if the City had written certification from Bremer's Trust and Olympic College on easements and if so what type of format is it in? Mr. Pratt stated Bremer's Trust does not control the property any more. Bremer's Trust and the Port of Bremerton have executed an assignment of a Harbor Lands Lease from the Trust to the Port Of Bremerton. Therefore, the Port of Bremerton now controls the property over which the boardwalk will be built. The Port administration has indicated, by letter, to the City their intent to enter into a sublease with the City to allow building the boardwalk on the property they control. They cannot enter into a lease with the City at this time because they have not finalized their lease with the State. He pointed out the budget amendment includes a sentence that states: "these funds cannot be released without State award of $225,000 of grant funds" Mr. Johnson pointed out under paragraph 8 of the Resolution it cites the Department of Natural Resources, Bremer's Trust and Olympic College and no where does it indicate the Port Of Bremerton. Mr. Pratt suggested amending the Resolution by adding the Port of Bremerton. L417 M/S/C/U(Horton/Crutcher) to approve Resolution #2268, stating that S150,000 from the Real Estate Excise Account to be dedicated to the Over-Water Boardwalk from First to Second Street and be used as local share in ieveraging IAC funds and amend paragraph 8 - to include the Port of Bremerton. 7G - RESOLUTION ~2269, REGARDING ATHLETIC COMPLEX GENERAL CONCEPT PLAN ADOPTION, ~AB89-272 Current planning and funding efforts for the Athletic Complex require graphic representation of what is being proposed. The attached design study was developed by the Andy Pendergast Memorial Committee and approved by the Bremerton parks Board. Arvilla Ohlde, Director Of Parks and Recreation, briefly outlined the formation of the Andy Pendergast Memorial Committee and their efforts in developing the objectives for creating a sports complex. And those objectives were: (1) that it be self-supporting public operation; (2) would appeal to the general public year around including a variety of facilities7 (3) should be a magnet for attracting State, Regional and National tournaments which were able to generate significant economic return to the local business; (4) should be constructed through public/private partnership utilizing a significant commitment of private donations and contributions. The Committee then developed a master plan which included amenities for: (1) a five star championship field with one being a tournament size with attached bleachers; (2) support building or plaza area with restrooms, concessions and a Hall Of Fame, which would honor TAPE #677 City Council Reg. Mtg. Minutes September 27, 1989 Page 14 of 18 athletes from this local area. In addition, this community has a lot of young players and a lot of the amenities that were added were those oriented towards family -play grounds close to athletic area, batting cages, 300 space parking area, trail system, junior baseball field, practice field and two soccer fields. Some of the additional amenities would create some revenue - a 28 stall RV park and outdoor play swimming pool. The plan included heavily landscaping giving it a very "park like" look and atmosphere. The site location that has Peen chosen is currently under the Utility and is located in West Bremerton...near Highways #3 and 304 near Werner Road. It is currently a 40 acre site which would not require a lot of earth moving in order to change the terrain. Access to and out of such a complex was given a thorough review. Ms. Ohlde pointed out the need for such a facility as outlined as there is not one located on the Olympic Peninsula. This would not only include tournament play but would include all of the league play that now needs lots of extra space. Currently some weekend play has to be shut out in order to hold essential tournaments. The City has two field at Roosevelt Field~ which are used for women and men's fastpitch and four fields located at Lions Field - making a total of 6 fields but dealing with 400 teams to play. Fields at the Kitsap County Fairgrounds are also utilized to help meet the demand. Expansion of any program would be difficult considering the limited facilities now being used. However, if more facilities were available the demand would again increase. The service area of the sports complex would be all of Kitsap County as well as tournaments that would come from neighboring counties. According to the Bremerton/Kitsap County Visitor's Bureau, the economic value to this community would be estimated about $168,000 per tournament held. A complex of this type would not only be self-supporting but would also bring tourism dollars and become an economic benefit to the community. The project, if completed all at once, could amount up to 3 million dollars. However, what is looked at in realistic terms is to break the project into phases and Phase I would include five playing fields, support facilities, two practice fields and parking area. The first stage will be a $1,180,000 project. In 1988 an Athletic Fund was created for athletic programs, which was a first step in establishment of a budget so that account can support itself. If, in the long term~ the sports complex is developed and it generates its own revenue, it would not become a burden to the General Fund. The 107 fund is working well and 954 of the revenues have been collected and the $30,000 in capital is already in the account and can be rokled over into the next year to start the program. Operating costs have been anticipated and it comes to about $160r000 annually~ counting all the utilities and costs incurred. Ms. Ohlde noted the Pendergast Memorial Committee is postured and ready to begin a funding campaign and are looking for a signal of support and urges the Council to adopt the Master Plan which will then be forwarded to IAC for project funding. Therefore, she requests passage of Resolution #2269 approving the conceptual design of an athletic complex. Public comment invited - none received. Mr. Collins pointed out that the land described for the sports TAPE ~677 City Council Reg. Mtg. Minutes September 27, 1989 Page 15 of 18 complex actually belongs to the Utility and questioned if it would cost the City money to utilize that land? Ms. Ohlde stated it would cost he Athletic Fund account to lease that property from the Utility. Mr. Collins questioned if the City had 40 acres somewhere else that could be used for such a complex? Ms. Ohlde no, not flat as this nor in one location that would not impact a neighborhood. Mr. Dawkins called Pat Westoff to speak. Pat Westoff, Parks Department, briefly outlined the kinds of tournament facilities in other areas of the State and noted the potential use of a 5-field complex if it were developed. He believes Bremerton will make an impact with a facilities such as proposed. Mr. Waibel suggested, for clarification, that the Resolution title be corrected to read "A Resolution Recommending Athletic Complex Conceptual Site Design", and insert "1989" in the second paragraph of the Resolution. Mr. Colvin questioned how much will Kitsap County contribute to development of such a complex and are there any provisions to request funding from them and how long before the complex becomes self-sufficient? Ms. Ohlde stated she had not been requested to negotiate with Kitsap County and she felt it would be self- sufficient its first year. Whatever year the complex starts there has to be a 12 month up-time to bid on National tournaments, therefore, the first year will have just increased league play and she only calculated the Operations and Maintenance revenue to be generated on existing tournaments the City currently bid on. Mr. Johnson stated he supports this proposal, he believes it is a winner and stands alone by itself. He noted this proposal was not tied to Roosevelt Field in any way. Mr. Dawkins questioned if there would be additional acreage available to the 40 acre site? Ms. Ohlde stated no. Mr. Waibel emphasized supporting this proposal is in no way a commitment or any tie to the sale of Roosevelt Field. ~052 M/S/C/U(Overson/Crutcher) to approve Resolution #2269, recommending Athletic Complex Conceptual Site Design and inserting "1989" in the second paragraph of the Resolution. 7H - KESOLUTION ~2270, DESIGNATING SOURCE OF LOCAL SHARE - INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION GRANT APPLICATION TO DEVELOP ATHLETIC COMPLEX~ #AB89-273 With approval of the City Council staff has submitted grant application to the Interagency Committee for Outdoor Recreation in the amount of $150~000 to begin Phase I development of an Athletic Complex. IAC requires a 504 local match or in this case $150,000. IAC requires a resolution approved by Council designating source of local share. Arvilla Ohlde, Director of Parks and Recreation, pointed out the project has been broken into phases and Phase i is identified at a cost of $1,183r000. Council has authorized her to continue seeking funding through IAC - with funding available through their Capital Park Fund Account and can match up to $150,000. The proposed Resolution allows her to continue on with the next review process and request matching funds from IAC. Del Knauss, 139 Olympic Avenue, questioned which of two funds would the matching funds be derived...Hotel/Motel Tax or Real Estate Excise Tax? Ms. Ohlde stated she presented a Budget Adjustment TAPE #677 City Council Reg. Mtg. Minutes September 27, 1989 Page 16 of 18 request to Council Fiscal and Budget Committee which listed either of those two funding accounts and they chose the Stadium or Hotel/Motel Tax. Mr. Knauss requested clarification of Item #4 on the Resolution ... is this referencing IAC or a private donor who might have pulled out? Ms. Ohlde stated the iAC requests and the City will seek from those who have made verbal community commitments - a certification, which can be in letter form, that they have dedicated money toward the project. If it is a non-cash item some communities say they will use in-kind volunteer labor or civic group sponsoring a specific amount of money but they have not secured it in a certified form - then of course the Agency applying for the grant needs to be responsible for it. Mr. Collins stated Council had earmarked better than 1/2 of the Real Estate Excise Tax Account and now it is desired to earmark the total Hotel/Motel Tax Fund and questioned what impact would this proposal have on this fund? Ms. Ohlde stated the City has the Athletic Account which generates $30,000 from annual player fees that can be committed to capital improvements or paying back a loan for remaining amount of money. In Civil 104 Fund (Hotel/Motel Tax) there is available $510,900. Mr. Colvin questioned how much was currently in the Athletic Fund Account? Ms. Ohlde stated currently there is $135,000 in that account. Mr. Johnson stated he sees the $150,000 commitment by the City as no more than signing a loan and it seems to him that unless something drastic happen that $150,000 has already been covered by existing public offers of either cash or land clearing, etc. And, he believes that the Andy Pendergast Committee as well as others will be a funding source and the City may never have to touch the Hotel/Motel Tax Account. President Horninq questioned if Council passes the Resolution what will the Any Pendergast Memorial Committee do next? Ms. Ohlde stated they will probably wait to do anything until IAC has made a decision on the grant application. Mr. Waibel expressed concern over Items 3 and 4 of the Resolution. He stated circumstances could happen where donations for services and supplies amounting to a million dollars as non-cash and if at some point those donated services/supplies did not materialize the City is left totally responsible. Ne feels there must be a responsible acceptance of donations that the City feels it can cover and have a commitment of dollars. Mr. Overson pointed out the success of the YMCA building project and the response of citizens supporting such a project. !865 M/S/C/U(Overson/Dawkins) to approve Resolution #2270, designating $150,000 from the Hotel/Motel account to be used as local share to leverage IAC funds in the development of an athletic complex.. 7I - RESOLUTION ~2271, AUTHORIZING KITSAP COUNTY TO ACT AS LEAD AGENCY IN PREPARING A REGIONAL RECYCLING/WASTE REDUCTION PROGRAM, ~AB89-274 This resolution is presented to provide support for Kitsap County planning efforts to implement a cooperative Solid Waste Management Program for the region. This Resolution specifically provides support and authorization for Kitsap County to be the lead agency in the preparation of a Regional Recycling Plan, which includes a jointly developed and Council approved Recycling Plan for the City of Bremerton. Kathleen McCluskey, City Cterkf read into the records two letters: (1) from Mayor Lobe to Kitsap County Board of Commissioners lending the City's support to the County developing a program design for waste reduction and/or a recycling project; (2) from R. W. TAPE #677 City Council ReG. Mtg. Minutes September 27, 1989 Page 17 of [8 Casteel, Assistant Director/Utilities - Kitsap County to the City Council requesting that the Council pass a Resolution stating their support to the County in regard to submittal of a grant application to the Department Of Ecology and development of a Solid Waste Reduction/Recycling Program design. Mr. Johnson noted Mayor Lobe's letter to Kitsap County was one of the strongest letters sent from the Mayor, however, the Department Of Ecology is asking for something more formal and he urges the Council to support the proposed Resolution. Public comment was invited - none received. 1066 M/S/C/U(Johnson/Waibel) to pass Resolution #2271, supporting Kitsap County to act as lead agency in preparing a Regional Recycling/Waste Reduction Program. 7J - RESOLUTION ~2272, REGARDING DOWNTOWN WATERFRONT BOARDWALK GENERAL CONCEPT PLAN ADOPTION, ~AB89-275 Current Planning and funding efforts for the waterfront boardwalk require graphic representation of what is being proposed. The attached design study was used for the CDBG small park design. The Council designated design committee has approved the concept represented in the study. In order to clarify the City's design intent for the waterfront projects, this Resolution is proposed. ~PE #678 Don Pratt, Director Of Community Development~ stated in order to change the lack of a picture he proposed adoption of the proposed resolution and attached to the Resolution would be a picture that was one that was developed previously. The Resolution specifically says that the Council wishes to signify general public project development intent. What this says is simply this is the direction we are trying to go. Also, it is saying Council adopts this design as a general concept plan and that it conveys graphical relationships and locations and depicts general forms and functions of the public facility on the waterfront. Lastly, Council will be telling staff that it is their desire that any design projects developed for the waterfront shall be developed according to this study or it must be brought back to them. The secondary issue is that this Resolution and map will be submitted for a funding request this Friday, if approved. Mr. Johnson expressed some concern regarding boat moorage along the east side of the recreational pier, which would allow the general public access to boats using the moorage. Mr. Pratt stated if Council adopts the concept as presented, the recreational pier will be available for boat moorage. Mr. Johnson noted he could not support the proposal as presented - he felt this did not allow privacy for the boat owners who might use it. Mr. Pratt stated the City has approved a Shoreline Permit, which allows for the inside of the pier to be used for boat moorage, the extreme southerly end of the pier is reserved for the Port Orchard Ferry and the northern outside edge is reserved for public activities, such as fishing. )88 M/S/C(Waibel/Horton) to approve Resolution #2272, recommending downtown waterfront concept of boardwalk configuration and area plan. TAPE #678 City Council Reg. Mtg. Minutes September 27, 1989 Page 18 of I~ Vote: In Favor - Overson, Crutcher, Horton, Waibel, Horning, Collins, Dawkins, Colvin Opposed - Johnson With no further business meeting adjourned at 9:00 p.m. File/Vault