HomeMy WebLinkAbout06/26/02TAPES #1840 & #1841 UNAPPROVED DRAFT JUL 1 0 2002
CITY COUNCIL MEETING MINUTES
June 26, 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, June 26, 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 Council Liaison 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 Nygren.
Council President Arends made the following announcements:
(1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference
Room to discuss general Council business from 5:00-5:30 P.M.
CONSENT AGENDA A. Minutes of Meeting - June 12, 2002 (#AB02-120)
B. Minutes of Meeting - June 19, 2002 (#AB02-121)
C. Pre-Purchase of a 400kW Generator for Pump Station WB-3 off of the Washington State Bid List
(#AB02-122)
#0030 M/S/C/U (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 M/S/C/U (Younger/McConnell) On June 26, 2002 the Council approved payment for those
vouchers included and further described as follows: Check numbers 272206 through 272365 in the
amount of $1,724,381.95; and Regular Payroll in the amount of $867,752.06 for the pay period ending
June 15, 2002.
COUNCIL MEMBER REPORTS
Mike Short reported on his attendance at the Association of Washington Cities' Annual Conference in
Yakima; and also attended the dedication of the "Bud" Hawk Congressional Medal of Honor Pavilion at
Lent Landing Park.
Will Maupin also reported on his attendance at the AWC Annual Conference.
Mike Shepherd attended the AWC Annual Conference, where he participated in workshops regarding
"Annexation" and the AWC Board meeting. He also reminded citizens that it is illegal to set off fireworks
on any day other than July 4 until 11:00 P.M.
Ed Rollman commented on several citizen concerns he has been working to resolve this week.
Daren Nygren thanked everyone who attended the District 3 neighborhood meeting on Saturday, June
22 to discuss an "Update on the City" and the proposed "Ice Arena". He also reported on a PROA
meeting he recently attended where they discussed a new program to plant more trees in Bremerton.
TAPES #1840 & #1841
City Council Reg. Mtg. Minutes
June 26, 2002
Page 2 of 7
Lastly, he announced a series of brown bag "Peanut Butter & Jam Sessions" during the lunch hour at
the gazebo near City Hall. The concerts will be held on July 10% August 14% and September 18t' from
12:00 to 1:00 P.M.
Carol Arends provided a report on her attendance at the AWC Annual Conference, and was pleased
with the presentation provided by Governor Locke on transportation and passenger ferries.
MAYOR'S REPORT
Mayor Bozeman reported on the following topics:
· An event is currently being planned to mark September 11
· A meeting was held in Seattle with Seattle Mayor Nickels on Friday to promote Bremerton;
· The Public Safety Bond Issue is planned for the September ballot;
· A meeting is scheduled July 1 with Congressman Dicks to discuss Maritime Park;
· Staff from the Seattle Daily Journal of Commerce will tour the City on July 23;
· He plans to participate in the joint meeting with the Council and the Bremerton School District Board
of Directors on Friday;
· Announced the name change from "Silverdale ice Arena" to the "Bremerton Ice Arena";
· Lastly, reported there was no threat of any danger after an accident involving a truck from Bangor
that was carrying a tank used for a nuclear waste program
PUBLIC RECOGNITION - There were no questions or comments this evening.
8A - PRELIMINARY PLAT PL01-0056 "CROWN HILL PARK"; APPLICANT: DALE OIEN, (#AB02-
123): Laura Freed, Planner with the Community Development Department, established that the Hearing
Examiner has recommended conditional approval of a seven-lot preliminary plat that was submitted by
Dale Oien on April 26, 2002. The site is located on the east side of Rocky Point Road where it intersects
with Marine Drive. The Hearing Examiner has recommended approval, subject to ten (10) conditions.
The City procedural ordinance indicates that the Hearing Examiner decision constitutes a
recommendation to the City Council, and that approval must be considered at a closed record decision
hearing.
President Arends stated that all Council members should now give consideration as to whether they
have 1) a demonstrated bias for or against any party to the proceedings; 2) a direct or indirect monetary
interest in the outcome of the proceedings; 3) a pre-judgment of the issue prior to hearing the facts on
the record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to an
issue prior to the hearing. All Council members remained seated. President Arends then inquired if
any member of the public believes any Council member should excuse themselves due to a conflict with
the Appearance of Fairness doctrine, or for another concerns. With no comments from the public, the
hearing proceeded with all Council members seated.
City Attorney Roger Lubovich, clarified the parameters by indicating the options available to the
Council.
There were no comments from the public.
#0762 M/S/C/U (Maupin/Younger) Move to approve and adopt the hearing examiner's findings and
recommendation.
TAPES #1840 & #1841
City Council Reg. Mtg. Minutes
June 26, 2002
Page 3 of 7
8B - REZONE & PRELIMINARY PLAT PL01-0057 "GARLAND PLACE"; APPLICANT: ERIC HOLM
(#AB02-124): Laura Freed, Planner with the Community Development Department, established that the
Hearing Examiner has recommended conditional approval of a rezone from SF-2 to SF-3 and a twelve-
lot preliminary plat that were submitted by Eric Holm on December 7, 2001. The site is located on the
south side of Sylvan Way approximately 300 feet west of Rickey Road. The Hearing Examiner has
recommended approval, subject to twenty (20) conditions. The City procedural ordinance indicates that
the Hearing Examiner decision constitutes a recommendation to the City Council, and that approval
must be considered at a closed record decision hearing.
President Arends reiterated that all Council members should now give consideration as to whether they
have l) a demonstrated bias for or against any party to the proceedings; 2) a direct or indirect monetary
interest in the outcome of the proceedings; 3) a pre-judgment of the issue prior to hearing the facts on
the record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to an
issue prior to the hearing. Wayne Olsen excused himself to avoid a conflict with the "Appearance of
Fairness Doctrine". Afl other Council members remained seated. President Arends then inquired if any
member of the public believes any other Council member should excuse themselves due to a conflict
with the Appearance of Fairness doctrine, or for another concerns. With no comments from the public,
the hearing proceeded with the remaining Council members seated.
There were no comments from the public.
Mike Shepherd referred to the "split reil fence" described in Item No. 4 of the FINDINGS OF FACT-
CONCLUSIONS OF LAW-RECOMMENDATION document, and requested that the motion be amended to
propose a change of style of the fence to a "security fence". Alan Todd, representing the applicant Eric
Holm, mentioned possibilities of including signage and adding additional railing on the fence for security
purposes without taking away from the rural element in the area.
Eric Younger asked staff to elaborate on the proposed zoning change. Laura Freed summarized that a
change in zoning would increase density in the area and pointed out that each lot is about 5,000 square
feet. Alan Todd added that the lots range from 5,000 to 9,000 square feet but easements are included
on the back of the larger lots.
Cecil McConnell asked for more details on the split rail fence. Alan Todd responded that the actual
design of the fence has not been done, but there is speculation on having a two or three horizontal split
rail fence and approximately four feet high.
Daren Nv~3ren emphasized that in the FINDINGS OF FACT-CONCLUSIONS OF LAW-RECOMMENDATION
document, Item No. 2 lists this zoning change as a correction.
Will Maupin proposed a friendly amendment to add the words "or other type of fencing design that
adequately protects wetlands" after the description of the fence.
Mike Shepherd requested that staff follow-up on this recommendation in 6-months to one-year.
Roger Lubovich asked if the applicant had any objections to the amendment. Alan Todd accepted the
proposed amendment.
#1265 M/S/C/U (Shepherd/Nygren) Move to approve and adopt the hearing examiner's findings and
recommendation as amended to add the words "or other type of fencing design that adequately protects
wetlands" after the description of the fence.
TAPES #1840 & #1841
City Council Reg. Mtg. Minutes
June 26, 2002
Page 4 of 7
8C - PRELIMINARY PLAT PL01-0037 "TRICOM"; APPLICANT: LOUIS MENTOR (#AB02-125): Jim
Svensson, Planner with the Community Development Department, established that the Hearing
Examiner has recommended conditional approval of an eight-lot preliminary plat that was submitted by
Louis Mentor on June 12, 2001. The site is located on the east side of Pine Road immediately south of
the Tik Village Condominiums. The Hearing Examiner has recommended approval, subject to fourteen
(14) conditions. The City procedural ordinance indicates that the Hearing Examiner decision constitutes
a recommendation to the City Council, and that approval must be considered at a closed record decision
hearing. Please note that the applicant believes that conditions #7 and #8 as stated in the Hearing
Examiner recommendation are inappropriate and should be modified. Staff concurs with the applicant
and a copy of the memorandum from Scott Rappleye from the Fire Department is attached that
addresses Condition #7. Staff and the applicant will provide additional input regarding modification of
these conditions at the City Council Meeting.
President Arends reiterated that all Council members should now give consideration as to whether they
have l) a demonstrated bias for or against any party to the proceedings; 2) a direct or indirect monetary
interest in the outcome of the proceedings; 3) a pre-judgment of the issue prior to hearing the facts on
the record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to an
issue prior to the hearing. Wayne Olsen again excused himself to avoid a conflict with the "Appearance
of Fairness Doctrine". All other Council members remained seated. President Arends then inquired if
any member of the public believes any other Council member should excuse themselves due to a
conflict with the Appearance of Fairness doctrine, or for another concerns. With no comments from the
public, the hearing proceeded with the remaining Council members seated.
Louis Mentor, applicant for this project, summarized the concerns he had with the Findings & Recom-
mendation'' of the Hearings Examiner, and the reasons why he believed the conditions to be
"unreasonable".
There were no comments from the public.
Cecil McConnell had a few questions regarding the distance for the fire hydrant and the sidewalk.
Ed Rollman referred to the letter from Scott Rappleye, City of Bremerton Fire Marshall, and questioned
if the requirement can be deleted. Roger Lubovich answered that condition 7 should not be repealed
entirely due to the inclusion of requirements. Jim Svensson discussed the issue of standards for City
sidewalks at the request of Eric Younger, and established that there are no City standards for
sidewalks, and further established that there are no sidewalks in any other subdivisions off of Pine Road.
Will Maupin agreed with the comments of the Fire Marshall, indicating that a fire hydrant and turn-
around were not required, however, he did agree with the Hearing Examiner's recommendation for
sidewalks because he believed they were in agreement with the long-term goals for the City's
Comprehensive Plan.
Daren Nygren asked whether or not the City has standards for sidewalks. Jim Svensson clarified that
there are indeed standards for sidewalks, but not standards for sidewalks in this particular type of
project. Roger Lubovich read from the Findings of Fact to offer further clarification to the issue for
standards of sidewalks. Louis Mentor indicated that he would be willing to provide sidewalks if he was
allowed to use asphalt, and if he could put sidewalks in the 20-foot right-of-way. Mike Shepherd asked
how wide is the road. Jim Svensson clarified that the road was 18-feet wide.
TAPES #1840 & #1841
City Council Reg. Mtg. Minutes
June 26, 2002
Page 5 of 7
#$425 M/S/C/U (Shepherd/Nygren) Move to adopt the Hearing Examiner's Findings of Conclusion and
Recommendation, with the following modifications: 1) Strike Item No. 3; 2) Amend Item No. 4; 3) Delete
Item No. 7; 4) Install a fire hydrant at the Fire Department's direction; and 5) Amend Item No. 8 to read
"Property owner has agreed to construct a 3-foot sidewalk made of asphalt before final approval".
#34?0 M/S/C/U (Shepherd/Nygren) Move to accept into the record, the memo from Paul Wandling of
Engineering to Jim Swenson of the Community Development Department regarding sidewalks.
Council member Wayne Olsen retumed to the meeting at approximately 7:05 P.M.
TAPE #1841
9A - SECOND OF TWO PUBLIC HEARINGS ON THE CONCESSION AGREEMENT BETVVEEN THE
CITY OF BREMERTON AND ,~ [BREMERTON] ICE ARENA, INC. (#AB02-118): The first
Public Hearing was held on June 19, 2002. Jim Spencer, Director of the Parks & Recreation
Department, provided an update.
Larry Dickerson was concerned that the City was subsidizing this facility, which would only benefit
those aspiring Olympians. Mayor Bozeman disagreed, and pointed out that the investor is providing $4
million dollars to bring this facility to the City, and emphasized that the ice arena was not going to be a
"private club", but rather a facility that would be open to the public.
Denise Moreno, Comptroller for the Bremerton Ice Arena, read from a statement to emphasize the
scope of comments in support that have been received from all over the world for this project.
Michael Gould read from a statement to demonstrate that Mr. & Mrs. Haselwood not only supported
this project, but also financially supported this project because they "believe in Bremerton".
Gary Chrey, attorney for Chuck & Joanne Haselwood, conveyed the enthusiastic support from the
Haselwood's.
All Council members voiced their support for this project.
Daren Nygren asked for reassurance that ice time for the public would be available; and asked for
concerns regarding "competition" from other local sport facilities to be addressed. Greg Meakin stated
that ice time for the general public was actually the part of this project that he is "most excited" about,
and also stated that prior conversations with Glen Godfrey of the YMCA made clear that there would be
no competition with respect to the facilities.
Cecil McConnell asked if the $175,000 provided by the City could be construed as "gifting". Roger
Lubovich established there were no concerns with "gifting" with the. way the contract was written.
#0665 M/S/C/U (Nygren/McConnell) Move to approve and authorize the Mayor to finalize and execute
the concession agreement between the City of Bremerton and Silverdale Ice Arena, Inc. with
substantially the same terms and conditions as contained in the proposed agreement, subject to final
approval of the contract language by the City Attorney, and further subject to the final approval of the
agreement by the US Secretary of the Interior through the National Park Service.
9B - RESOLUTION NO. 2861, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF
GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 636 PLEASANT AVENUE (#AB02-
126): Janet Lunceford, Building Inspector, stated that on May 7, 2002, Public Works removed garbage
TAPES #1840 & #1841
City Council Reg. Mtg. Minutes
June 26, 2002
Page 6 of 7
and debris on the property located at 636 Pleasant Avenue after the owners of record, Brooks &
Kathleen Coldwell and Washington Mutual, failed to do so as ordered. The legal requirements for notice
were met. The cost of the abatement including administrative fees, totaled $1,456.56. Council must
now decide if the fees are just and reasonable, and how those fees should be collected.
There were no comments from the pubfic.
Ed Rollman asked who would reimburse the City for the abatement costs. Janet Lunceford responded
there will be a lien on the property and when the bank forecloses on the home, the City will be
reimbursed at that time.
Cecil McConnell asked if this is the first time action has been taken on this property. Janet Lunceford
answered yes.
#0?80 M/S/C/U (McConnell/Rollman) Move that Council pass Resolution No. 2861, ordering that the
fees in the amount of $1,456.56 incurred for the abatement of garbage and debris located at 636
Pleasant Avenue be collected as reasonable abatement costs and become a lien against the property.
9C - RESOLUTION NO. 2862, APPROVING MERGER BETWEEN AT&T BROADBAND
CORPORATION AND COMCAST CORPORATION (#AB02-127): Kathleen McCluskey, Administrative
Services Director, stated that AT&T Corporation, the parent corporation of our franchises, and Comcast
Corporation have announced there intention to combine their cable systems into a new public company,
AT&T Comcast Corporation. Pursuant to Section 2 of the franchise, city approval is required for any
transfer of ownership or change in control. Staff has reviewed information provided by the franchisee
which pertains to legal, financial, and technical qualifications of Comcast to perform the obligations of the
franchise. The City has also waited for more detailed reviews to be performed by larger cities affected
by the transfer. The current franchisee is not in violation of any franchise requirements and Comcast
qualifies for approval under the terms of our franchise. It was also noted that there will no change in
local management of the cable company.
There were no comments from the public.
#0885 M/S/C/U (Younger/Maupin) Move to approve Resolution No. 2862, approving the merger
between AT&T Broadband Corporation and Comcast Corporation.
9D - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING TITLE 2 OF THE
BREMERTON MUNICIPAL CODE RELATING TO DEPARTMENTS AND DIVISIONS OF THE CITY
GOVERNMENT (#AB02-128): Mayor Bozeman summarized that this proposed ordinance would
establish a new Finance Department; and provide that the Risk Management & Safety Office would now
report to the Office of the City Attorney.
There were no comments from the public.
Will Maupin provided additional comments in support of this change; and Mike Shepherd urged the
Mayor and the Administration to consider separating the Safety Officer from Risk Management and
having the Safety Officer report directly to the Mayor in order to make the process less cumbersome.
#1075 M/S/C/U (Rollman/McConnell) Move to approve the attached ordinance on first reading.
TAPES #1840 & #1841
City Council Reg. Mtg. Minutes
June 26, 2002
Page 7 of 7
9E - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING TITLE 2 OF THE
BREMERTON MUNICIPAL CODE ADDING A NEW CHAPTER 2.07 CREATING THE ECONOMIC
DEVELOPMENT DEPARTMENT (#AB02-129): Mayor Bozeman announced that the new Chapter
would serve the purpose of facilitating economic, community development, and revitalization projects
within the City of Bremerton. Roger Lubovich added that if this item is approved, Council will be asked
to confirm Gary Sexton at the next regular business meeting. Cecil McConnell asked if any other
positions are being considered for the Mayor's office. Mayor Bozeman stated not at this time,
A letter of support from Linda Niebanck, Chair of the Kitsap Regional Economic Development Council,
was read into the record.
There were no other comments from the public.
#1195 M/S/C/U (Short/Maupin) Move to approve the attached ordinance on first reading.
With no further business, the Council meeting was adjourned at 8:00 P.M.
Prep, ar~t~and Submitted by:
Council Liaison
Attest: //~ ~ ~
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
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