HomeMy WebLinkAbout09/24/03 CITY COUNCIL MEETING MINUTES
September 24, 2003
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, September 24, 2003,
at 5:30 P.M., with Council President Carol Arends presiding. Council members present were
Mike Short, Eric Younger, Mike Shepherd, Ed Rollman, and Cecil McConnell. Council
members Wayne Olsen, Daren Nygren, and Will Maupin were absent. 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 Young Life Area Director Brian Kienle.
President Arends made the following announcements:
1. The regular Pre-Council session was held in the Council Conference Room to discuss
updates to the agenda; and included a 5-minute Executive Session to discuss "PERSONNEL";
2. Two Resolutions were added to the agenda tonight as Items 9(E) and 9(F) under PUBLIC
HEARINGS.
CONSENT AGENDA
A. Minutes of Meeting - September 17, 2003 (#AB03-180)
B. 2003 Bulletproof Vest Partnership Grant (#AB03-181)
C. Contract Award for "SR-304 Transportation improvement Project, Underground
Storage Tank Decommissioning No. 3" (#AB03-182)
D. Kitsap Lake House Rental Agreement (#AB03-183)
#0038 M/SlClU (McConnell/Rollman) 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.
#0068 M/S/C/U (Younger/McConnell) On September 24, 2003, the Council approved payment
for Check Numbers 284390 through 284606; and EFT7830 through EFT7863 in the total
amount of $617,493.70; and Regular Payroll in the amount of $928,302.39 for the pay-period
ending September 15, 2003.
COUNCIL MEMBER REPORTS
Ed Rollman mourned the passing of former Bremerton Mayor Louis Mentor; and indicated that
he would support the renaming of the Bremerton Boardwalk in his honor. He also participated
in the welcoming parties for the incoming ships USS CARL VINSON and USS SACRAMENTO.
Mike Shepherd reminded residents that the District 5 Neighborhood meeting was rescheduled
to Thursday, October 2, 2003, beginning at 6:30 P.M. at the Lutheran Memorial Church;
encouraged the public to stop and say goodbye to "Just Your Cup O' Tea" as this was their last
week downtown; and lastly, discussed the diminished service on the Bremerton ferry schedule.
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 2 of 6
Eric Younl:ler also commented on the negative impact due to the cuts in ferry service.
Mike Short thanked VFW Post 239 for the invitation to attend their annual POW & MIA
Remembrance Dinner, and thanked President Arends for reading a proclamation on behalf of
the Mayor to proclaim September fg, 2003 as POW & MIA Remembrance Day. He also
extended an invitation to the Mayor from VFW Post 239 to come for dinner any Fdday evening.
Carol Arends discussed her attendance at the KRCC Annual Retreat last Thursday with fellow
Council member Will Maupin; and the POW & MIA Remembrance Dinner. She also
commented on the diminished ferry service. On behalf of Daren Nygren, she announced the
next District 3 Neighborhood meeting would be held Tuesday, September 30 from 7:00 to 8:30
P.M. at the Manette Senior Center located at 13th & Nipsic to discuss the Passenger Only Ferry
Initiative.
MAYOR'S REPORT - Mayor Bozeman .... · Addressed the critical issue created by the loss of the passenger-only ferries;
· Met with Cheryl Kincer of the Port of Bremerton to discuss the expansion of the Marina;
· Was pleased at the number of citizens who turned out to the City-sponsored event to
welcome back the USS CARL VINSON;
· introduced Gene Sampley, Director of Public Works & Utilities, to provide the good
news about a recent article in The SUN announcing the opening of shellfish beds after
being closed for many, many years on the shores of Dyes Inlet thanks to the
improvement of the water quality thanks due to the City's Combined Sewer Reduction
program; and lastly
· Announced that Chris Hugo, Director of Community Development has submitted his
resignation. He thanked him for his service to the City and wished him well.
PUBLIC RECOGNITION
Helen Miller read a letter into the record from Lee Crawford.; and Betty Davies read her own
statement into the record requesting a "long delayed" ruling on the usage of the property at
1533 Shorewood Drive owned by Mr. Don Holtz.
8A - MEMORANDUM OF UNDERSTANDING BET~NEEN THE CITY OF BREMERTON AND
THE U.S. NAVY REGARDING SECURITY FOR JACKSON PARK MILITARY HOUSING AREA
(#AB03-184): Police Chief Rob Forbes explained that the Jackson Park Military Housing Area
("Jackson Park") is located inside Bremerton City limits. Traditionally, calls to 911 from
residents of Jackson Park were dispatched to the Navy's on-site contracted security forces.
The Navy has informed the City of its intention to cease providing on-site security services in
Jackson Park. In order to provide for the continuation of 911 response to calls made from
Jackson Park, the City and Navy have agreed in principal, subject to Council approval, to
provide such services in partnership with one another. The attached Memorandum of
Understanding (~MOU") delineates the proposed method by which the Navy and Bremerton
Police Department will share duties inside Jackson Park. It was also emphasized that the fiscal
impact associated with providing law enforcement services to the Jackson Park Naval Family
Housing area would be difficult to quantify at this time; however, it is anticipated that there will
be costs associated with the adjudication of arrests/offenses via the civilian criminal justice
system as well as the responding Officers and Managers time and resources required to
address issues within the Jackson Park area.
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 3 of 6
There were no comments from the public.
Mr. Shepherd expressed his frustration that the U.S. Navy would place such demands on the
resources of the community with an apparent disregard for the well being of the citizens by
placing this additional burden on the City Police Depadment.
Mr. Younger asked the Legal Department to research the legislative history to find out what
was the intent of the U.S. Navy when at their request the State approved a change in legislative
jurisdiction of Jackson Park from "exclusive federal jurisdiction" to "concurrent jurisdiction" in
1982; and if the City agrees to this MOU, is the City waiving any of their rights? Mr. Lubovich
agreed to research the legislative history issue; and indicated that the City was not waiving any
rights as both parties have termination rights within 180 days.
Mr. Short pointed out for the benefit of the citizens at Jackson Park, that although they will
receive "less" service, they will receive "better quality" service.
Mrs. Arends stated that after everything was said and done, this Memorandum of
Understanding was the best the City could hope for, and therefore would support this contract.
#1375 M/S/C (Short/Rollman) Move to authorize the Mayor to enter into the attached
Memorandum of Understanding ("MOU") with the U.S. Navy.
Voted in favor of Motion: Younger, Short, McConnell, Rollman, and Arends
Voted opposed to Motion: Shepherd
Motion carried: 5-Yes; 1-No
9A - PUBLIC HEARING AND ORDINANCE NO. 4870 [SECOND READING] RELATING TO
WESTPARK DEVELOPMENT {#AB03-179): The first reading of the ordinance was heard on
September 17, 2003. City Attorney Roger Lubovich and representatives from Kitsap County
Consolidated Housing (KCCH) and the Bremerton Housing Authority (BHA) were available to
answer questions.
Allen Shute expressed his concern regarding the mix of 200 single-family homes with 730
apartment units in one area. Merrill Wallace, Executive Director of BHA responded that there
are 80 acres with plans for up to 750 units, with a mix of 250 subsidized homes from single
family up to higher density.
Mr. Shepherd expressed concerns regarding design and traffic. Chris Hugo, Director of
Community Development, explained that the design standards would be in place prior to
building permits reviewed and issued. He also pointed out that the section of the site is already
designated multi-family.
#1605 MISICIU (Shepherd/Rollman) Move to pass Ordinance No. 4870 on second reading.
9B - PUBLIC HEARING AND ORDINANCE [FIRST READING] CREATING A NEW CHAPTER
2,74 OF THE BREMERTON MUNICIPAL CODE ENTITLED "TRAVEL AUTHORIZATION ANn
EXPENSE REIMBURSEMENT'(#AB03-185): Michael Wilson, Finance Director, presented a
proposal to the City Council to implement new policies and procedures related to employee
expenses incurred while conducting official City business, use of purchase/credit cards for
travel purchases, obtaining travel authorization, and reimbursing City officials and employees
for expenses incurred while conducting City business.
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 4 of 6
There were no comments from the public.
#1962 M/S/C/U (Shepherd/McConnell) Move to approve ordinance on first reading, as
amended, relating to the establishment of travel, meals, and lodging reimbursement policies
and procedures for City officials and employees, and creating Chapter 2.74 of the Bremerton
Municipal Code entitled "TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT".
9C - RESOLUTION NO. 2905, APPROVING ASSIGNMENT OF CARLF FRANCHISE FRO.~'
CHARTER COMMUNICATIONS HOLDING COMPANY~ L[~(~ TO WAVE DIVISION W~ [~[~C
(#AB03-186): Michael Wilson, Finance Director, reported that CHARTER COMMUNICATIONS
HOLDING COMPANY, LLC entered into a purchase and sale agreement with WAVEDIvISION
HOLDINGS, LLC for the sale of CHARTER'S cable television system serving the City and adjacent
areas, pursuant to which (i) the Franchise will be assigned and conveyed from CHARTER to
WAVEDIVlSION IV. LLC, which as of the date of such assignment and conveyance will be wholly-
owned by CHARTER; and (ii) immediately following such assignment and conveyance of the
Franchise, CHARTER will sell and convey all of the membership and ownership interests in
WAVE ~ to WAVE Holdings. Pursuant to Section 2 of the franchise, City approval is required
for any transfer of ownership or change in control. Steve Freidman, Chief Operating Officer
from WAVEDIVISION; and Jerry Rotondo, General Manager from CHARTER COMMUNICATIONS
were available to answer questions.
There were no comments from the public.
#2`145 M/S/C/U (Rollman/Short) Move to pass Resolution No. 2905.
9D - RESOLUTION NO. 29067 AUTHORIZING AN INTERAGENCY LOAN FROM WATER
FUND 40'1 TO THE TRACYTON WATER DISTRICT (#AB03-187): Gene Sampley, Director of
Public Works & Utilities, Finance Director, established that in February 2000 and April 2001, the
City of Bremerton and the Tracyton Water District entered into Interlocal Agreements for
financing and constructing capital improvements to the District's water system for which the City
would be ultimately responsible including a provision that the District would dissolve with its
assets transferred to the City of Bremerton. Currently, the City is in the process of negotiating
an agreement for transfer of assets to the City; however, due to the timing of these
negotiations, the District is in need of a financial loan in an amount not to exceed $125,000 to
make an installment payment due to the Drinking Water State Revolving Fund for the
construction. This loan would be repaid by the earlier of closing of the agreement or December
31, 2003.
There were no comments from the public.
#2515 M/SICIU (Younger/Short) Move to pass Resolution No. 2906, authorizing an interagency
loan from Water Fund 401 to the Tracyton Water District in an amount not to exceed $125,000.
9E - RESOLUTION NO. 2907~ ENACTING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR ANY BUILDING~ LAND USE~ OR DEVELOPMENT PERMIT~ OR
APPROVAL FOR "UNLISTED USES" {#AB03-`188): Roger Lubovich, City Attorney, stated
that the current provisions of the Bremerton Municipal Code provide that the Director of the
Department of Community Development may make a wdtten finding as to what zone and which
approval process Unlisted Uses may be permitted, however, adequate criteria for reviewing and
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 5 of 6
considering applications for Unlisted Uses does not exist. A moratorium on the acceptance of
applications for any building, land use or development permit or approval for Unlisted Uses is
necessary for the City to reconsider its current policies and review existing information to
determine what code revisions are necessary to address the impacts of these uses. The
moratorium would be in placed until the Public Hearing that has been set for October 22, 2003.
Chris Hugo provided additional comments to support the moratorium.
Sister Pat Millen, Catholic Community Services and the Continuum Care Consortium,
expressed her strong opposition to the proposed moratoriums, calling them "unjust".
David Grellier suggested that the City leave the process as it is while the Council studies the
process so as not to stop any further development of projects.
Helen Miller read a statement into the record in support of a moratorium when necessary.
Tape #'1914
Council held a lengthy discussion on this issue...
#0380 M/S/C (Younger/Rollman) Move to pass Resolution No. 2907, enacting a moratorium on
the acceptance of applications for any building, land use, or development permit or approval for
Unlisted Uses.
Voted in favor of this Motion: Shepherd, Younger, McConnell, Rollman, and Arends
Voted opposed to this Motion: Short
Motion carried: 5-Yes; 1-No
9F - RESOLUTION NO. 2908t ENACTING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR ANY BUlLDING~ LAND USE, OR DEVELOPMENT PERMITt OR
APPROVAL FOR "GROUP RESIDENTIAL FACILITIES" (#AB03-189): Roger Lubovich, City
Attorney, stated that the current provisions of the Bremerton Municipal Code relating to Class !
and Class 1! Group Residential Facilities are not clear as to some types of uses that may or
may not fall into the definitions of those classes of facilities. A moratorium on the acceptance of
applications for any building, land use or development permit or approval for Group Residential
Facilities is necessary for the City to reconsider its current policies and review existing
information to determine what code revisions are necessary to address the impacts of these
uses. The moratorium would be in placed until the Public Hearing that has been set for
October 22, 2003. Chris Hugo provided additional comments to support the moratorium.
There were no comments from the public.
#0640 M/S/C (Younger/McConnell) Move to pass Resolution No. 2908, enacting a moratorium
on the acceptance of applications for any building, land use, or development permit or approval
for Group Residential Facilities.
Voted in favor of this Motion: Younger, McConnell, Rollman, Shepherd, and Arends
Voted opposed to this Motion: Short
Motion carried: 5-Yes; 1-No
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 6 of 6
With no further business, the regular meeting of the City Council was adjourned at 7:30 P.M.
Prepared and Submitted by:
LCYRI '~SMITH
Legislative Assistant
- - ~H~S~)~I~ Deputy City Clerk //
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge