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Home My WebLink About11/13/02TAPES #1861 & #1862 CITY COUNCIL MEETING MINUTES November 13, 2002 The weekly 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 13, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Mike Shepherd was absent. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council President Carol Arends. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss general Council business; followed by a 15-minute Executive Session to discuss a "REAL ESTATE ACQUISITION". 2. Under NEW BUSINESS, Item 8(A) was pulled from the Agenda; and Item 8(B) will be heard immediately following action on the CLAIMS & CHECK REGISTERS. CONSENT AGENDA A. Minutes of Meeting - October 23, 2002 (#AB02-215) #0025 M/S/C (McConnell/Olsen) Move to approve Consent Agenda as presented. Voted in favor of Motion: Olsen, McConnell, Nygren, Rollman, Maupin, Short, and Arends Abstained: Younger Motion carried: 7-Yes; 1-Abstention CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. ~:)045 M/S/C/U (Younger/McConnell) On November 13, 2002 the Council approved payment for Check Numbers 276083 through 276253; 276254 through 276257; and 276286 through 276413 in the amount of $661,573.19 on the Master Check Register; and Regular Payroll for the pay period ending October 31, 2002 in the amount of $1,127,598.09. The following item was moved up on the Agenda... 8B - APPROVAL OF THE DESIGN AND BUILD CONSTRUCTION CONTRACT BETWEEN THE CITY OF BREMERTON AND OPUS NORTHWEST LLC (#AB02-217): Gary Sexton, Director of Economic Developr~ent, explained that this contract is for the project work through the construction phase of the downtown conference center. Mayor Bozeman announced that this may be the most important contract that the City Council will take action on, and that it is probably the most money brought to Council in the last 20 year. Don Larson raised the possibility of accommodating scuba divers and charter businesses. Carol Arends noted that this was an issue for the Port of Bremerton to address. Allen Shute asked if the Conference facility would be ADA (American Disabilities Act) compliant. Mr. Sexton stated most certainly "yes". Mr. Nygren referred to the memo from the Legal Department dated October 29, 2002, and asked if the concerns were addressed, particularly the concern regarding the lack of a 5% contingency fund. Mr. Lubovich assured the Council that all issues had been addressed. TAPES #1861 & #1862 City Council Reg. Mtg. Minutes November 13, 2002 Page 2 of 5 #0750 M/S/C/U (Rollman/Maupin) Move to approve and authorize the Mayor to finalize and execute the Design/Build Construction Contract between the City of Bremerton and OPUS Northwest LLC with substantially the same terms and conditions as contained in the proposed agreement and further to finalize and execute the air rights sale documents for the hotel and restaurant pads as a negotiated sale pursuant to Chapter 2.78 of the Bremerton Municipal Code subject to the approval of the City Attorney. COUNCIL MEMBER REPORTS Will Maupin discussed several meetings he recently attended. Ed Rollman encouraged the public to comment on the 2003 Budget during the Public Hearing scheduled next week on November 20, 2002. He also discussed an event he attended in honor of Veterans Day, and other veteran issues. Daren Ny~ren invited the public to the District 3 Neighborhood meeting on Tuesday, November 26 to discuss the "2003 Budget". He also thanked all those who attended the Manette Business Open House held last Friday. Carol Arends discussed several meetings she recently attended. MAYOR'S REPORT Mayor Bozeman... · Provided The latest figures from the "REVENUE AND PLAYER COMPARISON REPORT" from Gold Mountain Golf Complex, which showed in part that year-to-date, 94,231 players have visited both courses, generating $2,324,411.50 in Green Fees; · Announced the formation of "TEAM BREMERTON" to discuss such issues as how to attract a leading edge company to Bremerton; · Discussed his plan to appointment Kathy McCluskey to Administrative Project Manager for the Public Safety Bond Issue, and Michael Wilson as Interim Finance Director; and lastly · Accepted the 2002 Award of Excellence on behalf of the City from Mike Horton of the Washington State Department of Transportation. PUBLIC RECOGNITION Allen Shute asked for a response from the City to his question regarding Handicap Parking decals; thanked citizens for their e-mails; and encouraged more citizens to attend Council meetings. Earle M. Sears of the American Bowling Association, asked the City for their support for a commercial bowling alley in Bremerton. Don Larson inquired about a Marine Protected Area for the City of Bremerton and a program to provide incentives for citizens who plant trees; and lastly, announced that trees will be planted on December 14 near the Warren Avenue Bridge at 10:00 A.M. was postponed... 8C - QUITCLAIM DEED BETWEEN THE U.S.A. AND THE CITY OF BREMERTON FOR THF ACQUISITION OF EASTPARK (#AB02-218): Roger Lubovich, City Attorney, summarized that federal legislation was passed authorizing the U.S.A. to transfer the property commonly known as Eastpark to the City of Bremerton pursuant to Section 2857 of Public Law 106-398. The proposed quitclaim deed transfers the property to the City. TAPES #1861 & #1862 City Council Reg. Mtg. Minutes November 13, 2002 Page 3 of 5 There were no comments from the public. Mr. N¥o_ren asked if by inheriting this property will there be any problems with infrastructure that will need to be resolved in order to develop the property; and asked for a copy of the Environmental Impact Statement from SEPA. Mr. Lubovich responded that it was his understanding that infrastructure would need to be replaced in its entirety; and that the issue of the Environmental Impact Statement would best be answered by Mr. Sexton who is currently not present to answer that question. Gene Sampley, Director of Public Works & Utilities, concurred that the infrastructure would not be of value to a developer and would need to be replaced. Mr. Maupin thanked the U.S. Navy for all their hard work in making this property available to the City; and Mr. Olsen specifically thanked Congressman Norm Dicks. //2080 M/S/C/U (Younger/Short) Move to authorize the Mayor to finalize and execute a Quitclaim Deed in substantially the same form as presented between the U.S.A. and the City of Bremerton relating to the City's acquisition of Eastpark. 9A - ORDINANCE NO. 4826 [SECOND READING] LEVYING PROPERTY TAXES FOR COLLECTION IN 2003 (#AB02-212): First reading of this ordinance was heard on October 30, 2002. Cathy Johnson, Assistant City Treasurer, elaborated further on this ordinance, and offered to answer any questions. There were no comments from the public. #2198 M/S/C/U (Short/Maupin) Move to pass on second reading Ordinance No. 4826 levying property taxes for collection in 2003. 9B - ORDINANCE NO. 4827 [SECOND READING] SETTING RATES AND FEES FOR WATER FUNn 401, WASTEWATER FUND 451, AND STORMWATER FUND 481 FOR 2003 (#AB20-213): The first reading of this ordinance was heard on October 30, 2002. Gene Sampley, Director of Public Works & Utilities, elaborated further on this ordinance, and offered to answer any questions. There were no comments from the public. /Y2281 M/S/C (Maupin/Short) move to pass Ordinance No. 4827, setting assessments, rates, fees, and charges. Voted in favor of this Motion: Maupin, Short, Olsen, McConnell, Nygren, Younger, and Arends Voted opposed to this Motion: Rollman Motion carried: 7-Yes; 1-No 9C - ORDINANCE [FIRST READING] REPEALING THE DOWNTOWN WATERFRONT URBAN RENEWAL PLAN; AND AMENDING THE ZONING CODE ESTABMSHING THE DOWNTOWN DISTRICT (#AB02-219): Roger Lubovich, City Attorney, said that the current provisions of the Zoning Code set forth in Chapter 21.02 BMC provide that downtown development standards be regulated by the Downtown Waterfront Urban Renewal Plan (DWURP), which is outdated and not conducive to development of the Downtown District. The proposed ordinance repeals DWURP and adds a new section to the Zoning Code relating to the Downtown District. Chris Hugo, Director of Community Development, clarified that the ordinances brought to Council are to be considered as a program and the first two ordinances must both be passed for the program to be effective. There were no comments from the public. TAPES #1861 & #1862 City Council Reg. Mtg. Minutes November 13, 2002 Page 4 of 5 Mr. Hugo elaborated on "Prohibited Uses" at the request of Mr. Rollman. Mr. Hugo also addressed various issues brought up by Mr. Olsen, Mr. Maupin, and Mr. Younger. #3055 M/S/C (Younger/Maupin) Move to approve the proposed ordinance on first reading. Voted in favor of this Motion: Short, McConnell, Nygren, Rollman, Younger, Maupin, and Arends Voted opposed to this Motion: OIsen Motion carried: 7-Yes; 1-No 9D - ORDINANCE [FIRST READING] AMENDING THE SHORELINE MASTER PROGRAM RELATING TO DOWNTOWN DEVELOPMENT REGULATIONS (#AB0-220): Roger Lubovich, City Attorney, pointed out that current provisions of the Bremerton Shoreline Master Program provide that downtown waterfront site development standards be regulated by the Downtown Waterfront Urban Renewal Plan. The proposed ordinance amends the Shoreline Master Program to allow development of the downtown waterfront in accordance with new development standards and regulations. Paula Johnston, Deputy City Clerk, read a letter into the record from Paul A. Schmidt, expressing his concerns regarding this proposed action. Chris Hugo responded that downtown corridor issues must be addressed due to imminent project activity and that view corridor issues would be considered next. Mr. Maupin and Mr. Rollman provided their support for the plan since it will provide a footprint for downtown for the next fifty years. TAPE #1862 #0045 M/S/C (Short/Maupin) Move to approve the proposed ordinance on first reading. Voted in favor of this Motion: McConnell, Nygren, Rollman, Younger, Maupin, Short, and Arends Voted opposed to this Motion: OIsen Motion carried: 7-Yes; 1-No 9E - ORDINANCE [FIRST READING] REAFFIRMING DESIGNATED BLIGHTED AREAS; RE- DESIGNATING THE PROJECT AREA; AND CREATING A NEW COMMUNITY RENEWAL PLAN FOR THE PROJECT AREA (#AB02-221): Roger Lubovich, City Attorney, emphasized that the proposed ordinance reaffirms the blighted areas as designated and reaffirmed in Resolution Nos. 1730 and 2117, creates a new Community Renewal Area for Community Renewal Projects re-designating the same as the "Project Area", and creates a new Community Renewal Plan for the Project Area. There were no comments from the public. Mr. Lubovich clarified for Mr. Rollman that the range of the designated blighted area will extend to 6t' ~treet and Park Avenue. 80200 M/S/C/U (Maupin/Rollman) Move to approve the proposed ordinance on first reading. 9F- ORDINANCE [FIRST READING] AUTHORIZING THE ISSUE OF GENERAL OBLIGATION BONDS TO FINANCE THE PUBLIC SAFETY FACILITIES (#AB02-~): Cathy Johnson, Assistant City Treasurer, pointed out that this ordinance will authorize the financing necessary to acquire additional police vehicles, fire trucks, apparatus and equipment; and to acquire land, construct, remodel, and equip new fire, police and court facilities. This project has been reviewed by Council in the context of the 2002-2007 CIP and is included in the 2003 preliminary budget. The bond issue proposed is a 25 year, Unlimited Tax General Obligation with level debt service. While the debt will be a general obligation of the City, it is expected that repayment will be made from annual property tax levies upon property in the City as approved by the voters on September 17, 2002. It was noted that the Bond pricing would take place Tuesday, November 19; and would be presented at Second Reading on TAPES//1861 &//1862 City Council Reg. Mtg. Minutes November 13, 2002 Page 5 of 5 Wednesday, November 20; with closing expecting to take place on December 3. Dan Gothrig with the Bond Council, provided additional comments regarding the Obligation Bonds. There were no comments from the public. #0525 M/S/C/U (Maupin/Olsen) Move to approve on first reading the ordinance authorizing the bond issue for the acquisition of Public Safety Equipment and Facilities. 9G - RESOLUTION NO. 2878, AUTHORIZING THE USE OF GLASS CULLET (#AB02-223): Gene SamDley, Director of Public Works & Utilities, noted that RCW 42.19A. 020 encourages local jurisdictions to set goals and standards for buying products made from recycled materials. Currently, there is more glass being recycled than can be remanufactured back into glass containers resulting in an oversupply in the Puget Sound region. To address this problem new uses for recycled glass cullet as construction aggregate have been developed and the Washington State Department of Transportation (WSDO'I') has approved specifications for glass cullet to be used for a variety of construction aggregate applications. The attached resolution authorized the Public Works and Utilities Department to preferentially use glass cullet, processed from materials collected in Kitsap County which meets WSDOT specifications for construction aggregate, as long as the glass cullet is used in appropriate construction application, readily available and cost-competitive with natural aggregate materials. Staff recommends approval of the attached Resolution. There were no comments from the public. Mr. Rollman asked if other recycled materials would be considered for use in the future. Mr. Sampley answered that this product will be used anywhere that there is an appropriate use and following research, there may be a variety of applications available for uses of this material. ~ff)623 M/S/C/U (Nygren/Olsen) Move to adopt Resolution No. 2878 approving the preferential use of glass cullet as set forth therein. With no further regular business, the meeting adjourned at 7:31 P.M. ~:~J~,-301~/(~'1"(~I~, Dept~t~ City Clerk CAROL ARENDS, City Council President City of Bremerton CA/P J/Is/cge c: Normal Distribution; File Prepared and Submitted by: Council Liaison