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Home My WebLink About12/11/02TAPES #1868 & #1869 CITY COUNCIL MEETING MINUTES December 11, 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, December 11, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Also 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 Member Daren N¥.qren. President Amnds made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss general Council business; and 2. The Council will hold a 15-minute Executive Session to discuss "POTENTIAL LITIGATION". CONSENT AGENDA A. Minutes of Meeting - November 13, 2002 (#AB02-242) B. Minutes of Meeting - November 20, 2002 (#AB02-243) C. Agreement between the Washington State Department of Revenue, Edward Faulk, and the City of Bremerton (#AB02-244) #0015 M/S/C/U (McConnell/Olsen) Move to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0040 M/SIC/U (Younger/McConnell) On December 11, 2002 the Council approved payment for Check Numbers 276932 through 277080 in the amount of $325,176.44; and Regular Payroll in the amount of $1,021,886.38 for the period ending November 30, 2002. COUNCIL MEMBER REPORTS Mike Short reported on the'Peninsula Regional Transportation Planning Organization (PRTPO) meeting he recently attended, where they continued their work on "Lane Use". Mike, Shepherd commented on the showing of "Pearl Harbor" at the Charleston Cinema this past weekend, and particularly thanked the owners of the Theater; and Don Green, a member of the "Pearl Harbor's Survival Association for his presentation. Ed Rollman noted that he had a wonderful time at the First Friday Art Walk and Winter Fest events in downtown Bremerton last Friday, and thanked all the businesses that participated. was sad to report the death of Mr. Rich Daniel, one of the original band members with the Wailers. He Damn Nygmn thanked the American Red Cross for organizing the 4th Annual American Red Cross Heroes Breakfast on Tuesday, December 10; and also thanked the Bremerton Yacht Club and its members for organizing the Christmas Ship display. TAPES #1868 & #1869 City Council Reg. Mtg. Minutes December 11, 2002 Page 2 of 6 Wayne Olsen thanked his fellow Council members for the conduct they showed at the meeting last week, particularly Council member Eric Younger; and encouraged the public to support the YWCA with a donation or even a visit this Holiday Season. Carol Arends also enjoyed the First Friday Art Walk and Winter Fest event last week. MAYOR'S REPORT Mayor Bozeman read a statement to apologize for his "emotional outburst" during the Council meeting last week, and provided further details to explain his position on the management and administration of the Public Safety Bond. He noted that he looks forward to working with the Council on this issue. He then introduced Kathleen Cahall, Water Resources Manager, reminded the public that a City program is available to assist homeowners in disconnecting downspouts from their homes if they are connected to the sewer system to help reduce combined sewer overflows. Citizens may call 479-2837 for a free site assessment, or visit the web site at www.cityofbremerton.com for additional information. PUBLIC RECOGNITION Allan Shute reiterated his concern about the City's proposal to charge a residential parking fee. Don Larson announced a Tree Planting event on Saturday, December 14 at 10:00 A.M. on the northwest side of SR303 at the end of the Warren Avenue Bridge. Helen Miller read a statement into the record in support of previous Mayor Lynn Horton for initiating the discussions with the Department of the Navy to obtain the Eastpark property. John Thomas expressed his concern over the use of interest proceeds from the bond to pay for a project manager, and asked the Council to consider other uses for that money like the purchase of police cars or fire trucks rather than to increase staffing. 8A - AMENDMENT NO. '1 TO THE "CASAD DAM INTAKE TOWER SEISMIC UPGRADE PROJECT" PROFES, SIONAL SERVICES AGREEMENT FOR DESIGN SERVICES WITH ACRES INTERNATIONAL~ CORPORATION (#AB02-245): Michael Mecham, City Engineer, summarized that the Department of Public Works & Utilities has negotiated an amendment to the Casad Dam Intake Tower Seismic Upgrade Project Professional Services Agreement for design services with Acres International Corporation. This amendment adds scope and budget for evaluation of alternative braces, and replacement of the tower gate operators and operating rods. The amendment adds $35,275 to the existing contract of $152,858, for a revised contract amount not to exceed $188,133. There are sufficient funds within the DWSRF loan to fund this amendment. The requested action before the City Council is approval of Amendment No. 1 to the Professional Services Agreement with Acres International Corp. There were no comments from the public. #0735 M/SIC (Maupin/Short) Move to approve Amendment No. 1 to the Professional 'Services Agreement with Acres International Corporation in an amount of $35,275.00 for a total contract amount not to exceed $188,133, and authorize the Mayor to execute the same. TAPES #1868 & #1869 City Council Reg. Mtg. Minutes December 11, 2002 Page 3 of 6 Voted in favor of the Motion: Nygren, Rollman, Shepherd, Younger, Maupin, Short, McConnell, and Arends. Abstained: Olsen Motion carried: 8-Yes; and l-Abstention 9A - RESOLUTION NO. 2880 FOR REMOVAL OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 1906 N. WYCOFF AVENUE {#AB02-246): Janet Lunceford, Building Inspector, stated that on October 11, 2002, Public Works & Utilities removed garbage and debris from the property located at 1906 N. Wycoff Avenue after the owners of record, Homeside Lending, Inc. failed to do so as ordered. The legal requirements for notice were met. The cost of this action, including administrative fees totaled $902.44. Council must now decide if the fees are just and reasonable, and how the fees should be collected. There were no comments from the public. #0860 M/S/C/U (Younger/McConnell) Move to pass Resolution No. 2880, ordering that the fees in the amount of $902.44 incurred for the abatement of garbage and debris located at 1906 N. Wycoff Avenue be collected as reasonable abatement costs and become a lien against the property. 9B - PUBLIC HEARING APPROVING A STREET VACATION FOR A PORTION OF SECOND STREET EAST OF WASHINGTON AVENUE (#AB02-247): Michael Mecham, City Engineer, said that the City has initiated the vacation of a portion of Second Street east of Washington Avenue. A hearing date of December 11, 2002 was set by the City Council on November 20, 2002. Posting of the headng notices has been completed in accordance with state law and the Bremerton Municipal Code. The vacated area will be incorporated into the abutting City owned property to provide a site compatible with usage for downtown redevelopment. Functionality of Second Street as a transportation facility will not be significantly affected. Access to the waterfront will not be impeded with this vacation. This is a Class ]-I right-of-way and compensation is not required in accordance with BMC 11.20.080. Helen Miller asked if the ordinance affected the Shoreline Master Program. Mr. Lubovich stated that the purpose is to maintain the air dghts over the sidewalk, and that the vacation would actually improve access for pedestrians. Mr. Mecham indicated that there have been no concerns voiced by the public. #0990 M/SIC/U (McConnell/Rollman) Move to direct the City Attorney to prepare an ordinance to vacate a portion of Second Street, east of Washington Avenue. 9C - ORDINANCE NO. 4838 [SECOND READING] AMENDING THE 2002 BUDGET (#AB02- 240): The first reading of this ordinance was heard on December 4, 2002. There were no comments from the public. #1090 M/S/C/U (Olsen/Short) Move to pass Ordinance No. 4838 amending the fiscal year 2002 budget on second reading. TAPES #1868 & #1869 City Council Reg. Mtg. Minutes December 11, 2002 Page 4 of 6 9D - ORDINANCE NO. 4839 [SECOND READING] ADOPTING THE 2003 BUDGET (#AB02- 241 ): The first reading of this ordinance was heard on December 4, 2002. Several of the Council members thanked the Mayor and his staff for the collaborative effort in working with the City Council on this budget. #t850 Amendment to Main Motion/S/F (Rollman/Shepherd) Move to increase Fund 354.0000 "PARKING INFRACTIONS" by the entire amount necessary to pay for the Residential Parking Permit Program. Voted in favor of the Amendment: Rollman, Shepherd Voted opposed to the Amendment: Maupin, Short, Olsen, McConnell, Nygren, Younger, and Arends Motion failed: 2-Yes; 7-No #1935 Main Motion/SIC (McConnell/Olsen) Move to pass Ordinance No. 4839 on second reading, including an amendment to the "2003 Budget" to change the Position Titles under the "Department of City Council Fund 001-11" and the "Pay Band" to read as follows: "Council Liaison" is re-titled to "Legislative Assistan¢, "Legislative Assistant/Internal Auditor Assistant" is re-titled to "Council/Auditor Assistant", and to change Position Title under the "Department of Auditor Fund 001-18" and "Pay Band" to read as follows: "Internal Auditor" is re-titled to "City Auditor". Voted in favor of Main Motion: Short, Olsen, McConnell, Nygren, Younger, Maupin, and Arends Voted opposed to Main Motion: Rollman and Shepherd Motion carried: 7-Yes; 2-No 9E -ORDINANCE [FIRST READING] RELATING TO COMMERCIAL PARKING TAX RATES (#A~102-248): Ka~y McC!uskey, Administrative Services Director, pointed out that the proposed ordinance amends Section 3.82.020 of the Bremerton Municipal Code to increase the commercial parking tax rate to 8%. Bob Dupree of Diamond Parking provided additional information in support of this increase. There were no comments from the public. Mr. Olsen endorsed a 6% increase, but not 8%. #2295 M/SIC (Younger/Short) Move to approve the proposed ordinance on first reading. Voted in favor of Motion: McConnell, Nygren, Rollman, Shepherd, Younger, Maupin, Short, and Arends Voted opposed to Motion: Olsen Motion carried: 8-Yes; 1-No 9F- ORDINANCE [FIRST READING] RELATING TO RESIDENTIAL PARKING PERMITS (#AB02-249): Kathy McCluskey, Administrative Services Director, announced that the proposed ordinance amends Chapter 10.09 of the Bremerton Municipal Code to establish permit fees for the issuance of parking permits, makes minor amendments, and update Chapter 3.01 Rate Tables A and B relating to parking fees and fines. Additionally, it was noted that the fee would be $12.00 per vehicle (with a limit of two), two free visitor permits would be provided, and billing would take place once per year. TAPES #1868 & #1869 City Council Reg. Mtg. Minutes December 11, 2002 Page 5 of 6 The fo/lowing citizens voiced their opposition to the proposed Residential Parking Permit Program: Allen Shute, John Thomas, Del Knauss, Helen Miller, and Terry Hodgen. TAPE #1869 After an in-depth discussion by members of the Council, the vote was taken .... #0625 M/S/C (Younger/Maupin) Move to approve the proposed ordinance on first reading. Voted in favor of Motion: Nygren, Younger, Maupin, Short, Olsen, McConnell, and Arends Voted opposed to Motion: Rollman and Shepherd Motion carried: 7-Yes; 2-No 9G - ORDINANCE [FIRST READING1 RELATING TO GENERAL BUSINESS LICENSES (#Ai~102-250): Roger Lubovich, City Attorney, summarized that the proposed ordinance repeals Chapter 5.02 of the Bremerton Municipal Code relating to business licenses, business and occupation taxes and utility taxes, and creates a new chapter 5.02 relating to the issuance, denial, and revocation of general business licenses and establishes provisions relating to the renting and leasing of real property. There were no comments from the public. #0955 M/S/C/U (McConnell/Maupin) Move to approve the proposed ordinance as amended on first reading. 9H - ORDINANCE [FIRST READING] RELATING TO BUSINESS AND OCCUPATION (B & O) TAXES (#A~02-251): RoGer Lubovich, City Attorney, told the Council that the proposed ordinance updates the BMC provisions relating to business and occupation taxes; separates the provisions of the BMC related to business and occupation taxes from those related to business licenses and utility taxes; and establishes provisions relating to administration of the same. There were no comments from the public. #1405 M/S/C/U (Short/Maupin) Move to approve the proposed ordinance on first reading. 9I - ORDINANCE [FIRST READING1 RELATING TO UTILITY TAXES (#AB02-252): Ro~er Lubovich, City Attorney, emphasized that the proposed ordinance updates the provisions relating to utility taxes; separates the provisions of the BMC related to utility taxes from those related to business licenses and business and occupation taxes; and establishes new taxes for certain utilities. John Thomas referred to Section 3. 50. 050 "PERSONS SUBJECT TO TAX-AMOUNT" of the proposed ordinance, and asked why there was such a disparity in the rates of utilities. Mr. Lubovich responded that the 7% is the payment in lieu of taxes that the utility pays the General Fund; the 6% are the general taxes on the utilities; and the current 11% tax for Solid Waste has actually gone down the last several years from a high of 21%. #1565 MISICIU (Nygren/Short) Move to approve the proposed ordinance on first reading. 9J - ORDINANCE [FIRST READING] RELATING TO ADMINISTRATIVE PROVISIONS FOR TAXES (#AB02-253): Roger Lubovich, City Attorney, stated that the proposed ordinance creates a new chapter in the BMC, which establishes new provisions for the administration of TAPES #1868 & #1869 City Council Reg. Mtg. Minutes December 11, 2002 Page 6 of 6 City codes relating to business licenses, business and occupation taxes, utility taxes, and other City codes making reference to said chapter. There were no comments from the public. Mr. Maupin thanked Mr. LuboviCh for his proactive approach in updating these ordinances. #1755 M/S/C/U (McConnell/Short) Move to approve the proposed ordinance on first reading. At the conclusion of regular business, the Council recessed to the Council Conference Room for a 15-minute Executive Session to discuss "POTENT/AL LITIGATION". The Council members then reconvened in the Council Chambers to continue the Council meeting. 10A- POTENTIAL LITIGATION REGARDING THE CITY OF BREMERTON V. FOSTER PEPPER & SHEFELMAN (#AB02-254): Gary Sexton, Economic Development Director, established that a briefing was provided to the Council regarding the City of Bremerton v. FOSTER PEPPER & SHEFELMAN. There were no comments from the public. #1805 M/S/C/U (Younger/Olsen) Move to approve the mediated offer of settlement in the matter of the City of Bremerton v. FOSTER PEPPER & SHEFELMAN, Cause No. 01-2-00968-2, and to authorize the Mayor to finalize the settlement. With no further business, the meeting adjourned at 8:35 P.M. ULA ~1 ~~1~' Dep[Jty City Clerk CAROL ARENDS, City Council President City of Bremerton LORI SMITH Council Liaison CNPJIIslcge c: Normal Distribution; File