HomeMy WebLinkAbout10/23/02TAPES #1856 #1857
CITY COUNCIL MEETING MINUTES
October 23, 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 23, 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; Deputy City Clerk Paula
Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Ptedge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by former Council Member Al Cotvin.
CONSENT AGENDA
A. Minutes of Meeting - October 9, 2002 (#AB02-194)
#0025 MISICIU (McConnell/Olsen) 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.
#0055 MISICIU (McConnell/Rollman) On October 23, 2002 the Council approved payment for Check
Numbers 275693; 275694; 275725 through 275873 in the amount of $427,806.74 on the Master Check
Register; and Regular Payroll for the period ending October 15, 2002 in the amount of $896,117.21.
COUNCIL MEMBER REPORTS
Daren N¥.qren announced the District 3 meeting scheduled October 26 has been cancelled; and invited
the public to the Manette Open House sponsored by the Business District on Friday, November 8.
Ed Rollman discussed his experience with being "flamingo'ed" as a fundraiser for the Bremerton High
School Senior Class of 2003 Grad Night. He also invited the public to the Trick-or-Treat event
downtown on Halloween night from 5:00 to 8:00 P.M.
Mike Shepherd held a neighborhood meeting to discuss resident's concerns with speeding vehicles;
and announced a number of upcoming Halloween events in the community.
Will Maupin discussed his attendance at the Teen Late Night program at the YMCA last Friday, and
was very impressed with the number of teens who were in attendance; and on Monday he attended the
Bremerton Housing Authority Board meeting where Chris Hugo discussed the Comprehensive Plan.
Carol Arends reported on her attendance at the Bremerton Area Chamber of Commerce Installation
Dinner last week, and tomorrow would be attending the Puget Sound Regional Council meeting in
Seattle.
MAYOR'S REPORT - There was no Mayor's Report tonight.
On behalf of the Mayor Council President Arends read a Proclamation to proclaim October 30, 2002
as "Weatherization Day" in the City of Bremerton, which was accepted by Mary Booher,
Weatherization Assistant Manager with Kitsap Community Resources.
Deputy City Clerk Paula Johnston read the following statement into the record:
The Public Employment Relations Commission, a Sate Agency, has held a legal proceeding in
which all parties were allowed to present evidence and argument. The Commission has found
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October 23, 2002
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thai we have committed unfair labor practices in violation of a State Collective Bargaining Law,
and has ordered us to post this Notice to our Employees:
WE WILL NOT interfere with, restrain or coerce employees in any manner in the free exercise of
their rights guaranteed by RCW 41.56.
WE WILL NOT discriminate against any employee in the free exercise of their rights guaranteed
by RCW 41.56.
WE WILL NOT assert any procedural defects, particularly contractual requirements regarding the
time period when a contractual grievance can be filed, in the event that John Bogen files a
grievance disputing the discipline enacted by the employer concerning his off-duty work for
Kitsap Transit in 2001.
DATED: October 22, 2002
PUBLIC RECOGNITION
Allen Shute asked the City what action they were taking to ~'~" .... activity; when ^ ~*"'~; .... "'~
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Gateway Project would resume; and what would happen to the 7-11 store that was recently closed.
Ed Pietras announced the 20th Annual Spaghetti Festa to be held on Sunday, October 27th from 1:00 to
7:00 P.M. at the Knights of Columbus Hall located at the corner of Burwell and Montgomery to benefit
the Olympic Peninsula Kidney Center. Any more information may be obtained by calling 479-9210.
Don Larson announced that the Washington State Department of Transportation installed anti-litter
signs along Highway 304; and recommended including trees in new project areas.
Gene Sample¥ was pleased to provide a brief report on funding for the CSO Program which was
obtained by Congressman Norm Dicks and Senator Patty Murray.
Dick Boyd provided comments in support of the Skateboard Park.
8A - RE-APPOINTMENT OF NICK GARGUILE~ SR. DOUGLAS GRONEMAN~ AND SUSAN BELL TO
THE PARKS & RECREATION COMMISSION; AND APPOINTMENT OF STEVE CORDA TO THE
PARKS & RECREATION COMMISSIOn: Jim Spencer, Parks & Recreation Director,
stated that three Parks & Recreation Board Commissioner' terms have expired. One Commissioner has
resigned. It is necessary to re-appoint those Commissioners whose terms have expired and appoint a
new Commissioner to fill the unexpired term of the Commissioner resignee. All three Commissioners
with expired terms wish to be re-appointed, and the Mayor recommends such action by the Council. The
Mayor also recommends Council action to appoint Steve Corda as a new Commissioner.
There were no comments from the public.
#0960 M/S/C/U (McConnell/Shepherd) Move to approve re-appointment of Position 2 Commissioner
Nick Garguile, Sr.; Position 4 Commissioner Douglas Groneman; and Position 7 Commissioner Susan
Bell to the Bremerton Parks & Recreation Commission.
#0975 M/S/C/U (Nygren/McConnell) Move to approve appointment of Steve Corda to fill the unexpired
term for Position 1 on the Bremerton Parks & Recreation Commission.
8B - CONTRACT WITH WASHINGTON STATE DEPARTMENT OF COMMUNITY~ TRADE~ &
ECONOMIC DEVELOPMENT FOR BOARDWALK REPAIRS (#AB02-196): Jim Spencer, Parks &
Recreation Director, summarized that the City of Bremerton was fortunate to receive funding under the
Job Creation and infrastructure Program, as contained in the 2003 Supplemental Capital Budget from
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the State of Washington Department of Community, Trade, and Economic Development. The purpose
of this contract is to allow for the appropriation of funds necessary to repair the corrosion to the steel
pilings that support Bremerton's over-water Boardwalk. The total appropriation is not to exceed
$495,750. The repairs are expected to last up to 30 years and the pilings would be inspected annually
at an estimated cost of $800-$1,000.
There were no comments from the pubfic.
Mr. Shepherd asked if there was some form of warranty available regarding the range given for the
pilings to last is 15 to 30 years. Mr. Spencer answered that this issue would be addressed during the
contract phase of the project.
Mr. Olsen asked if the boardwalk would be closed during repairs. Mr. Spencer stated no.
¢'1195 M/S/C/U (Shepherd/Olsen) Move to authorize the Mayor to execute Capital Contract No. 02-
99400-012 with the Washington State Department of Community, Trade, and Economic Development
so that repair to the Boardwalk can proceed.
8C - PHASE [] DESIGN AGREEMENT MODIFICATION NO. 1 BETWEEN THE CITY OF
BREMERTON AND OPUS NORTHWEST, LLC (¢AB02-197): Gary Sexton, Director of Economic
Development, pointed out that the project scope has not been altered and that this modification extends
the design development to completion.
There were no comments from the public.
Mr. Rollman asked if this agreement included design work on the conference center, parking garage,
and the plaza, Mr. Sexton responded that the agreement includes design on those features as well as
the open and surrounding areas.
Mr. Olsen asked if the purchase and sale agreement between the City and Opus would be signed by
November 15 and what that would entail, Mr. Sexton stated that there are two parts of the project that
will be addressed: the hotel and restaurant portions of the project. Also, Kitsap Transit at that time
would become owner of office building and retail space.
Mr. Short asked if the issue on square footage on port space use has been resolved, Mr. Sexton
answered that there is a limitation which includes not more than 3,400 square feet. The actual space
required by the port is still being decided due to cost issues.
#1425 M/S/C/U (Rollman/Olsen) Move to authorize the Mayor to sign the modification to the Phase [t
Design Agreement to complete design development.
8D - AGREEMENT BETWEEN THE CITY OF BREMERTON~ BREMERTON HOUSING AUTHORITY~
BREMERTON SCHOOOL DISTRICT~ AND BAINBRIDGE ARCHITECTS REGARDING ANDERSON
COVE MASTER PLAN & URBAN DESIGN STUDY (¢AB02-198): Gary Sexton, Director of Economic
Development, explained that this agreement describes the Scope of Work, Approach, Fees and
Schedule for a Preliminary Master Plan & Urban Design Study, for the greater Anderson Cove area,
Bremerton, Washington. Council action required is approval for the Mayor to sign the agreement
between the City of Bremerton, Bremerton School District, Bremerton Housing Authority, and Bainbridge
Architects Collaborative.
Linda Pierce thanked Mr. Sexton for providing details on the purpose for this Agreement, and offered
additional comments in support of the plan.
Don Larson questioned if this urban design included trees. Mr. Sexton assured him it would.
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October 23, 2002
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Ruth Redman did not understand how the City could make a decision to bulldoze their neighborhood,
and urged the City to take a look at the homes in the area and talk to the residents. Mr. Sexton assured
the neighborhood that they would be involved in the process. Keith Hoofna.qle explained that the City's
original plan was to increase home ownership in the Anderson Cove area, but was concerned that this
plan appears to have now "gone by the wayside".
Mr. Ny.qren reassured the neighbors that this was a study to obtain information, and that nothing would
happen to Anderson Cove without the residents involved in the process.
Mr. Maupin was very encouraged to see the City, the Bremerton Housing Authority, and the Bremerton
School District all come together to work on this project.
Mr. Shepherd provided his support for the study and believed that there was room for improvement with
respect to communication between the citizens and involved parties,
Mr. Short respected citizen concerns and emphasized that this is a study with no action to be taken at
this time.
Mr. McConnell requested that the Council receive a full report after this Study was completed.
Mr. Rollman asked why the study would be conducted when there is clearly no funding available for
school construction in the first place. Mr. Sexton answered that this study would determine if this
project is financially feasible and that funding sources may be found.
#2587 M/S/C/U (Shepherd/Maupin) Move to allow the Mayor to sign the agreement between the City of
Bremerton, Bremerton Housing Authority, Bremerton School District, and Bainbridge Architects
Collaborative preliminary design for the greater Anderson Cove Preliminary Master Plan & Urban Design
Study Scope of Work.
9A- ORDINANCE NO. 4815 (THIRD READING) REPEALING ORDINANCE NOS. 4771 AND 4772 TO
BRING THE CITY BACK INTO COMPLIANCE WITH THE REQUIREMENT OF THE GROW'I'H
MANAGEMENT ACT{#AB02-191): The first reading of this ordinance was heard on October 9, 2002;
and the second reading was heard on October 16, 2002.
There were no comments from the public.
#2645 M/S/C/U (Short/Nygren) Move to pass Ordinance No. 4815 on third reading.
9B - ORDINANCE NO. 4816 (SECOND READING) RELATING TO 2003-2008 SIX-YEAR
TRANSPORTATION IMPROVEMENT PLAN (#AB02-193): The first reading of this ordinance was heard
on October 16, 2002.
Don Larson asked if planting strips were included in this plan. Mr. Mecham stated that this plan was
preliminary at this time, but that landscaper architects would be involved in the plan in the next phase.
#2805 M/S/C/U (Short/Olsen) Move to pass the Ordinance No. 4816, which approves the City's 2003-
2008 Six-Year Transportation improvement Program, and direct the Mayor to forward the Ordinance and
Plan to the Department of Transportation, Local Programs Office.
Mike Shepherd stepped out of the meeting at approximately 6:55 P.M. He did not return, and therefore
was not available for any further vote this evening..,
9C - ORDINANCE (FIRST READING) REGARDING AMENDMENTS TO BMC CHAPTER 21.02
ZONING CODE TO PROVIDE FOR SENIOR HOUSING PROJECTS (#AB02-199): Chris Hu.qo,
Director of Community Development, mentioned that nearly 20% of Bremerton citizens are 55 and older,
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and this percentage is expected to increase to 30% over the next generation. The Bremerton Municipal
Code includes no provisions for senior housing projects designed for this specific population. The
proposed code amendments provide opportunity to develop housing projects designed for the housing
needs and lifestyles of seniors while insuring that the projects are compatible with the surrounding
neighborhood. This initiative is also complementary to the housing goal of the Growth Management Act
that directs local governments to meet the housing needs of all segments of society.
Don Larson suggested that hobby centers be added to any Senior Housing projects.
Mr. Olsen continued to question the definition of "senior". Mr. N¥,qren considered Mr. OIsen's concerns
about the age guidelines used in the ordinance, but pointed out that it was not the government's job to
dictate who can and cannot live with the senior's, and that the guidelines used for the ordinance were
modeled after Federal guidelines.
Mr. McConnell asked if this Type I[I Special Permit would automatically go before the Hearing
Examiner? Mr. Hu.qo responded yes, that every one of these would go before the Hearing Examiner for
a Public Hearing.
#TAPE 1857
#0025 M/S/C (Short/Maupin) Move to approve ordinance on first reading.
Voted in favor of Motion: Nygren, Rollman, Maupin, Short, and Arends
Voted opposed to Motion: OIsen and McConnell
Motion carried: 5-Yes; and 2-No
9D - ORDINANCE (FIRST READING) RELATING TO INSURANCE REQUIREMENTS FOR
ISSUANCE OF A PERMIT FOR WORKING WITHIN THE CITY RIGHT-OF-WAY (#AB02-200): RoRer
Lubovich, City Attorney, said that the current provisions of Section 11.02.230 of the Bremerton
Municipal Code relating to insurance requirements for issuing a permit to work within or use a City right-
of-way may result in an unnecessary hardship for Bremerton residents. The proposed ordinance
updates the provisions of Section 11.02.230 allowing the Director of Public Works & Utilities to exercise
discretion when requiring insurance for right-of-way permits issued to residents.
There were no comments from the public.
Mr. Maupin and Mr. Nygren provided their comments in support of this action. Mr. McConnell asked
the City Attorney to confirm that the company's which provide homeowner's insurance cover City right-
of-ways. Mr, Lubovich was certain that most homeowner's insurance policies would cover the work, but
that he would look into to it.
#0270 M/S/C/U (Maupin/Short) Move to approve the proposed ordinance on first reading.
9E - ORDINANCE (FIRST READING) CREATING BMC CHAPTER 1.04 ESTABLISHING A
FRAMEWORK FOR CODE ENFORCEMENT (#AB02-201): Ro,qer Lubovich, City Attorney,
announced that the current provisions for code enforcement within the City of Bremerton are not
adequate to effectively provide for enforcement of violations of City Codes. The proposed ordinance
establishes a framework for code enforcement by adopting new procedures to be used in conjunction
with the City's Administrative Hearing Examiner process as established in Chapter 2.13 of the BMC.
Susan Brown and Klm NaRel provided comments in support of this document.
#0675 M/S/C/U (Maupin/McConnell) Move to approve the proposed ordinance on first reading.
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9F - ORDINANCE (FIRST READING) RELATING TO PENALTIES FOR VIOLATIONS OF CITY
BUILDING CODE~ UNIFORM FIRE CODE~ FIRE SPRINKLER CODEI FIRE ALARM CODE~ AND
FALSE ALARM CODE (#AB02-202): RoRer Lubovich, City Attorney, clarified that current provisions of
Sections 17.04.110 and 18.02.090 of the BMC do not provide for effective enforcement of violations of
the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, and Fire Alarm Code, and False
Alarm Code. The proposed ordinance amends Sections 17.04.110 and 18.02.090 in order to provide
for more effective enforcement of violations through Chapter 1.04 entitled "CODE ENFORCEMENT".
There were no comments from the public.
#0725 M/S/C/U (Rollman/Nygren) Move to approve the proposed ordinance on first reading.
9G - ORDINANCE (FIRST READING) RELATING TO ENFORCEMENT OF VIOLATIONS OF THE
ZONING CODE (#AB02-203): RoRer Lubovich, City Attorney, emphasized that the current provisions
of Sections 21.02.940 and 21.02.945 of the BMC result in ineffective enforcement of violations of the
City's Zoning Code. The proposed ordinance updates these sections in order to provide for more
effective enforcement of violations of the Zoning Code through Chapter 1.02 entitled "CODE
ENFORCEMENT".
There were no comments from the public.
#0835 M/S/C/U (Nygren/McConnell) Move to approve the proposed ordinance on first reading.
Mike Short stepped out of the meeting at approximately 7:45 P.M. He did not return, and therefore was
not available for any further vote this evening...
9H - ORDINANCE (FIRST READING) RELATING TO REMOVAL OF NUISANCE VEGETATION AND
THE ENFORCEMENT OF CODE VIOLATIONS RELATING TO SAME (#AB02-204): Roger Lubovich,
City Attorney, stated that the current provisions of Chapter 9.14 of the BMC relating to vegetation result
in ineffective enforcement of nuisance violations. The proposed ordinance updates Chapter 9.14 in
order to provide for more effective enforcement of nuisance vegetation violations through Chapter 1.04
entitled "CODE ENFORCEMENT".
Susan Brown referred to Chapter 9.14.010, where it notes that the owner of property within the City
shall remove or destroy any vegetation that overhangs any sidewalk at a clearance height of tess than
eight (8) feet, and questioned if that measurement could be lowered to 7-foot. Janet Lunceford
responded that the 8~foot measurement was used to remain consistent with the Municipal Tree
Ordinance, and because the 8-foot measurement was also the standard for signage.
Mr. Olsen questioned if City parks and properties were exempt from these nuisance ordinances. Ms.
Lunceford stated that the City is only exempt from City watershed lands - everything else, the City must
clean-up.
#1160 M/SIC (Nygren/McConnell) Move to approve the proposed ordinance on first reading.
Voted in favor of Motion: McConnell, Nygren, Rollman, Maupin, and Arends
Voted opposed to Motion: Olsen
Motion carried: 5-Yes; and l-No
9! - ORDINANCE (FIRST READING) RELATING TO ENFORCEMENT OF VIOLATIONS RELATING
TO GARBAGE AND REFUSE (#AB02-205): Roger Lubovich, City Attorney, pointed out that the
current provisions of Chapter 6.04 of the BMC result in ineffective enforcement of violations of Chapter
6.04 relating to garbage and refuse. The proposed ordinance amends Chapter 6.04 in order to provide
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for more effective enforcement of violations relating to garbage and refuse through Chapter 1.04 entitled
"CODE ENFORCEMENT".
There were no comments from the public.
#1200 M/S/C/U (McConnell/Olsen) Move to approve the proposed ordinance on first reading.
9J - ORDINANCE (FIRST READING) RELATING TO PUBLIC NUISANCES (#AB02-206): RoRer
Lubovich, City Attorney, concluded that the current provisions of Title 9 of the BMC do not provide for
public nuisances or for enforcement of public nuisance violations. The proposed ordinance adds a new
chapter, Chapter 9.16 entitled "Public Nuisances", which defines and declares what constitutes a public
nuisance, and provides for enforcement of public nuisance violations through Chapter 1.04 entitled
"CODE ENFORCEMENT".
There were no comments from the public.
#1335 M/S/C/U (Nygren/Maupin) Move to approve the substitute amended ordinance on first reading.
With no further regular business, the meeting adjourned at 8:03 P.M.
Prepared and Submitted by:
LO~I SMITH
Council Liaison
pVAOI~'J"O~ ¢R~l,'"[~e~uty City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
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