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Home My WebLink About10/30/02TAPES #1858 & #1859 CITY COUNCIL MEETING MINUTES October 30, 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, October 30, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Eric Younger was absent. Also present were City Attorney Roger Lubovich and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Counci/Member Cecil McConnel~, followed by the invocation provided by Maior Jim Baker of the Salvation Army. CONSENT AGENDA A. Minutes of Meeting - October 16, 2002 (#AB02-207) #0025 M/S/C/U (McConnell/Nygren) Move to approve 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. #0045 M/S/C/U (McConnell/Rollman) On October 30, 2002 the Council approved payment for Check Numbers 275909 through 276071, and EFT 7371 in the amount of $1,001,385.01 on the Master Check Register; and Retiree Payroll for the pay period ending October 31, 2002 in the amount of $133,516.22. COUNCIL MEMBER REPORTS Cecil McConnell reported on his attendance at a KRCC Working Dinner on Thursday, October 24. Daren Ny~lren announced the Manette Business District was hosting an Open House on Friday, November 8 from 6:00 P.M. Ed Rollman invited families to participate in the "2002 Trick-or-Treat" event on Halloween from 5:00 to 8:00 P.M. in downtown Bremerton. Mike Shepherd reminded the public about the ali-City Halloween party at the Sheridan Parks & Recreation Center, and the First Friday Art Walk downtown. He reported that the Caf~ Destino located at 1223 McKenzie would be opening soon after weeks of remodeling. Will Maupin donned his traditional "Groucho Marx" glasses in honor of Halloween! He then went on to report topics discussed at the KRCC Working Dinner he attended last Thursday. Mike Short also attended the KRCC Working Dinner and commented on the topics discussed. He also thanked Deacon Roy Mclnnis for the invitation to the 59th Founder's Banquet for the Sinclair Baptist Church, which he attended along with his wife Patricial and enjoyed very much. Carol Arends also attended the KRCC Working Dinner, which she found very informative and also reminded citizens about the First Friday event this week. MAYOR'S REPORT - Mayor Bozeman .... · Presented a Proclamation to proclaim "Friday, November f, 2002" as "Tony White Day" in the City of Bremerton in honor of Mr. White's support and dedication to the arts community; and announced an event to "Celebrate the Life of Tony White" would be held at the Metropolis Gallery on Friday, November 1, 2002 from 5:00 to 9:00 P.M. TAPES #1858 & #1859 City Council Reg. Mtg. Minutes Qctober 30, 2002 Page 2 of 6 · Attended the Literacy Council event where guest speaker Tony Ventrella of Channel 13 News presented an inspirational message at the Admiral Theater on Tuesday, October 29. · Advised the Council that he would be presenting a balanced budget for their review on Friday. · Will attend the Groundbreaking Ceremony for the Readiness Training Center on Friday, November 8 at 2:00 P.M. · Encouraged citizens to vote on Tuesday, November 5. · Provided an update on the downtown revitalization projects. PUBLIC RECOGNITION Don Larson requested that the City work with Kitsap Trees to beautify Bremerton and to come up with a landscaping plan. He also suggested that the City could provide an incentive program for citizens who choose to plant trees by reducing water bills. Alien Shute objected to comments made in City related email and asked Council to consider ways to improve enforcement of handicapped parking. President Arends suggested that for the purpose of future meetings citizens shall put their concerns in writing to facilitate a response from staff. Roger Lubovich clarified that if individuals need to make comments or announcements other than ask questions, they do not need to put that information in writing. 8A - PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING~ INC. FOR PACIFIC AVENUE BASIN PRE-DESiGN (#AB02-208): Michael Mecham, City Engineer, stated that based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services Agreement with HDR Engineering, Inc. for pro-design services for the Combined Sewer Overflow (CSO) and Storm System in the Pacific Avenue Basin. The purpose of this Professional Services Agreement is for HDR Engineering, Inc. to prepare a pre-design report for the City' s Pacific Avenue Basin, based on the updated CSO Reduction Plan and the downtown redevelopment plan. This report will re-evaluate the improvements required for the Pacific Avenue Basin overflow site and the improvements required for the storm sewer system. The not-to-exceed amount of the agreement is $73,200. The request before the City Council is approval of an agreement for professional services with HDR Engineering, Inc. There were no comments from the public. #0895 M/S/C/U (Shepherd/Maupin) Move to approve the Professional Services Agreement with HDR Engineering, Inc. to provide pre-design services for the Combined Sewer Overflow and Storm System in the Pacific Avenue Basin, not to exceed $73,200 and authorize the Mayor to execute the same. 9A- ORDINANCE NO. 4817 [SECOND READING] REGARDING AMENDMENTS TO BMC CHAPTER 21.02 ZONING CODE TO PROVIDE FOR SENIOR HOUSING PROJECTS (#AB02-199): First reading of this ordinance was heard on October 23, 2002. Chris Hugo elaborated further on the details of this ordinance, and was available to answer questions. Marshall Miller, of Raymont Homeowners Association, was concerned that 58 out of 144 residents would need to be seniors in a planned housing project, and that the area adjacent to the project consisted of wetlands, which may be affected by this development. Marlene Border agreed. Bob Kerell pointed out that seniors must have direct access to public transportation yet direct access is not defined in the ordinance; and asked who would monitor the occupancy of senior housing to ensure compliance. TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October $0, 2002 Page 3 of 6 Don Larson commented that the ordinance does not address the need for green belts and gardens, or hobby houses for the seniors. Kathy Ring stated that in senior housing in California, there was a restriction that no one under the age of 21 would be allowed to live in that complex for more than 30 days. Mr, Hugo addressed the previous comments, and noted that not many of the "development rules" were being changed, but that prior to these changes that are being proposed, age limitations were not part of the code. Council members provided further comment on the discussion prior to the vote addressing criteria on definition of senior occupancy, buffer and setback requirements, inclusion of sidewalks, availability of public transit, and the hearing examiner process to comment on permits and developments. #2040 M/S/C (Short/Maupin) Move to pass Ordinance No. 4817 on second reading. Voted in favor of Motion: Rollman, Shepherd, Maupin, Short, Nygren, and Arends Voted opposed to Motion: Olsen and McConnell Motion carried: 6-Yes; and 2-No 9B - ORDINANCE NO. 4818 [SECOND READING] RELATING TO INSURANCE REQUIREMENTS FOR ISSUANCE OF A PERMIT FOR WORKING WITHIN THE CITY RIGHT-OF-WAY (#AB02-200): The first reading of this ordinance was heard on October 23, 2002. Roger Lubovich, City Attorney, reiterated that the main point of this ordinance lightens the insurance requirements for homeowners who perform work on the right-of-way in front of their property, and expands their right to use the right-of- way. There were no comments from the public. Council Member Wayne Olsen left the meeting, and was not available for any further votes... Mike Shepherd temporarily left the meeting and was not available for the following vote. #2105 M/SICIU (Maupin/Short) Move to pass Ordinance No. 4818 on second reading. 9C-ORDINANCE NO. 4819 [SECOND READING] CREATING BMC CHAPTER 1.04 ESTABLISHING A FRAMEWORK FOR CODE ENFORCEMENT (#AB02-201): The first reading of this ordinance was heard on October 23, 2002. Ro~er Lubovich, City Attorney, explained that this ordinance, along with the following five ordinances, is part of a code enforcement package. Jim Wilson asked for further clarification on the purpose of this ordinance. Mr. Lubovich responded that this ordinance establishes a comprehensive code enforcement program that allows for a hearing process for code violations, allows for voluntary correction and penalties to be awarded for those who fail to comply, and also allows for "orders of abatement" and other options for prosecution code violations. #2330 M/S/C/U (Shepherd/Maupin) Move to pass Ordinance No1 4819 on second reading. 9D - ORDINANCE NO. 4820 [SECOND READING] RELATING TO PENALTIES FOR VIOLATIONS OF CITY BUILDING CODE~ UNIFORM FIRE CODE, FIRE SPRINKLER CODE~ FIRE ALARM CODE~ AND FALSE ALARM CODE (#AB02-202): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2432 M/S/C/U (Shepherd/Maupin) Move to pass Ordinance No. 4820 on second reading. TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 4 of 6 9E - ORDINANCE NO. 482t rSECOND READING1 RELATING TO ENFORCEMENT OF VIOLATIONS OF THE ZONING CODE (#AB02-203): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2485 MISICIU (Rollman/Maupin) Move to pass Ordinance No. 4821 on second reading. 9F - ORDINANCE NO. 4822 rSECOND READING1 RELATING TO REMOVAL OF NUISANCE VEGETATION AND THE ENFORCEMENT OF CODE VIOLATIONS RELATING TO SAME (#AB02- 204): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2533 M/S/C/U (Short/Maupin) Move to pass Ordinance No. 4822 on second reading. 9G - ORDINANCE NO. 4823 [SECOND READING] RELATING TO ENFORCEMENT OF VIOLATIONS RELATING TO GARBAGE AND REFUSE (#AB02-205): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2580 M/S/C/U (Maupin/McConnell) Move to pass Ordinance No. 4823 on second reading. 9H - ORDINANCE NO. 4824 [SECOND READING] RELATING TO PUBLIC NUISANCES (#AB02- 206): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public; however, Fire Chief Al Duke took a moment to thank all of the members who served on the Committee to address this issue, as well as City staff Janet Lunceford and City Attorney Roger Lubovich for their participation. He emphasized however, that his process was only halfway complete, and there was still much work to be done/ President Arends also thanked Fire Chief Al Duke for all his efforts. #2678 M/S/C/U (Shepherd/Maupin) Move to pass the Ordinance No. 4824 on second reading. 9I - RESOLUTION NO. 2877~ DECLARING THE INTENT TO FORM UTILITY LOCAL IMPROVEMENT DISTRICTS (#AB02-209): Gene Sampley, Director of Public Works & Utilities, stated that the City desires to provide for the improvement of a portion of the West 650 Zone distribution water main by forming a utility local improvement district (ULID) and assessing a portion of the cost of the improvement against the property specially benefited by the improvements. The attached resolution declares the City's intent to form the ULID, sets a date and time for the public hearing, and directs staff to take all of the steps necessary to accomplish the formation of the ULID. There were no comments from the public. #3252 MISICIU (Maupin/Short) Move to pass Resolution No. 2877. 9J - ORDINANCE [FIRST READING] AMENDING BMC CHAPTER 11.04 RELATING TO LOCAL IMPROVEMENT DISTRICTS (#AB02-2t0): Gene Sampley, Director of Public Works & Utilities, pointed out that the current provisions of BMC Chapter 11.04 entitled "LOCAL IMPROVEMENT DISTRICTS" do not designate the proper authority pursuant to RVW 35.43.100 to make preliminary estimates and assessment rolls. The proposed ordinance adds a new section to Chapter 11.04, designating the Director of Public Works & Utilities, or his/her designee, as the proper authority for making the preliminary estimates and assessment rolls as required by RCW 35.43.130, and fur/her ratifies all TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 5 of 6 preliminary estimates and assessment rolls previously certified to the City Council There were no comments from the public. #3403 MISICIU (Short/Maupin) Move to approve the proposed ordinance on first reading. TAPE #1859 9K - REVENUE SOURCES FOR THE 2003 BUDGET (#AB02-211): Dick Saunder~, Interim Finance Director, summarized that the City is required by RCW 84.55.120 to hotd a public hearing on revenue sources of the General Fund. This hearing must be held prior to consideration of the City's property tax levy and must include a discussion of possible increases in property tax revenue. There were no comments from the public. No Council action is required. 9L - ORDINANCE [FIRST READING1 LEVYING PROPERTY TAXES FOR COLLECTION IN 2003 (#AB02-2'12): Dick Saunders, Interim Finance Director, said that the City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. There were no comments from the public. #0340 M/S/C/U (Shepherd/Short) Move to approve on first reading the ordinance levying property taxes for collection in 2003. 9M -ORDINANCE [FIRST READING] SETTING RATES AND FEES FOR WATER FUND 401, WASTEWATER FUND 451~ AND STORMWATER FUND 481 FOR 2003 (#AB20-213): Gene Sampley, Director of Public Works & Utilities, emphasized that an increase in assessments, rates, fees, and charges is required in order to meet the ongoing maintenance, operation, capital, and debt service needs of the City's Water, Wastewater, Storm water Utilities. In addition to these requirements, the increase in the Water Utility is proposed to reduce future dependency on timber harvest revenues currently used to supplement the ongoing operation of the Water Utility, and the Storm water increase is required to offset application of Payment-In-Lieu Taxes (PILOT) that was not previously applied to this utility. Staff recommends that assessments, rates, fees, and charges for Water Fund 401 and Wastewater Fund 451 as set forth in the Chapter 15.06 of the BMC be amended effective January 1, 2003 in accordance with the attached Ordinance. Don Larson expressed his concern about the lack of trees in the City, which he stated help to reduce combined sewer overflows. Mr. Shepherd noted that there would be further discussion of trees during upcoming discussions on the Comprehensive Plan. Mr. Maupin reminded the public that ratepayers in Bremerton pay less than anywhere else in Kitsap County. #1135 M/S/C (Short/Maupin) Move to approve the attached ordinance on first reading, setting assessments, rates, fees, and charges for Water Fund 401, Wastewater Fund 451, and Storm Water Fund 481. Voted in favor of Motion: Shepherd, Maupin, Short, McConnell, Nygren, and Arends Voted opposed to Motion: Rollman Motion carried: 6-Yes; 1-No TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 6 of 6 9N - PUBLIC HEARING ON CONSTRUCTION OF BREMERTON WESTSIDE WASTEWATER TREATMENT PLANT WET-WEATHER FACILITIES (#AB02-214): Gene Sampley, Director of Public Works & Utilities, briefly explained that this public hearing was a requirement for the EPA Grant which was received for the construction of this facility. He then brought forward John Poppe, Wastewater Manager, and Patric Coxon, Wastewater Treatment Plant Manager to provide the presentation. There were no comments from the public. There was a brief discussion on this issue by the Council following the presentation, but no action was required. With no further regular business, the meeting adjourned at 8:00 P.M. Attest: ~pu~'(~it-y Cl~rk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution; File Prepared and Submitted by: L~(~RI SMiT~~q~ Council Liaison