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Home My WebLink About10/20/04TAPE #1976 ~ CITY COUNCIL MEETING MINUTES Wednesday, October 20~ 2004 The weekly meeting of the City Council of the City of Bremerton was c@lled to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 20, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Aisc present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Chaplain Bill Martin of Kitsap Lake Baptist Church. President Ny,qren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; and 2. Items 7F and 7G will be pulled from agenda. MAYOR'S REPORT President NyRren read a proclamation on behalf of Mayor Bozeman declaring the Week of October 31 - November 6, 2004 as "Naval Memorial Museum of the Pacific Week" and was accepted by Mr. Nelson. He announced that an Open House will be held on November 5th from 5:00 - 6:00 P.M. PUBLIC SERVICE ANNOUCEMENTS Mr. McConnell announced that the Grand Opening for the Government Center will be held on Saturday, October 23rd. CONSENT AGENDA A. Check numbers 294496, EFT-6475 through EFT-6479, EFT-6481 through EFT-6467 in the amount of $688,601.97 (#AB04-210) B. Minutes of Meeting - October 6, 2004 (#AB04-211 ) C. Minutes of Meeting - October 13, 2004 (#AB04-212) D. Reappointment of Sharon Cromley to the Bremerton Housing Authority Board of Directors (#AB04-213) E. Appointment of Sharon Shrader to the Bremerton Housing Authority Board of Directors (#AB04-214) F. Appointment of Sheldon Parr to the Public Access Citizens Advisory Committee (#AB04- 2'15) G. 10-Year Renewal of Concession Agreement with KITSAP COMMUNITY RESOURCES (#AB04-216) H. Professional Services Agreement with GEOENGINEERS for Geotechnical Evaluation for Stabilization of NAD Park and the McKenna Falls Watershed Entrance (#AB04-217) #0175 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. 6A - ACCEPTANCE OF HAZARD MITIGATION GRANT NO. E05-104 FOR RESERVOIR SEISMIC UPGRADES (#AB04-218): Michael Mecham, City Engineer stated that as a result of the Nisqually Earthquake that occurred in February 2001, FEMA established a Hazard Mitigation Grant Program to allow municipalities and others to apply for grant funds to pedorm upgrades to critical facilities that were damaged during the earthquake. The City applied for and has been offered a grant to partially fund design and construction of seismic upgrades to five water reservoirs. TAPE #1976 City Council Reg. Mtg. Minutes Wednesday, October 20, 2004 Page 2 of 6 There were no comments from the public. Mr. Short asked if the amount of the City's matching funds has been budgeted. Mr. Mecham answered yes. #0300 M/S/C/U (Arends/McConnell) Move to accept and approve Hazard Mitigation Grant No. E05-104, and authorize the Mayor to finalize and execute the necessary documents for acceptance of the grant. 7A - APPROVAL OF DRAFT 2005 CDBG ADVISORY COMMITTEE RECOMMENDATIONS (#AB04-219): Michelle Eichhorn, Department of Community Development said that on July 7, 2004, the City Council approved the 2005 Community Development Block Grant (CDBG) Policy Ptan which included CDBG rules and regulations, as well as the application/allocation process. Funding availability was advertised on June 8, 2004 and applications were accepted until August 20, 2004. The CDBG Advisory Committees reviewed the applications, conducted interviews and individually rated each application. Attached are the committee funding recommendations based on their scores. Larry Eyer expressed his appreciation to the advisory board and mentioned some projects being recommended that would benefit the community through housing rehabilitation and providing necessary services. .Rob Schneidler thanked the staff and the advisory board for their dedication in reviewing the applications. #0495 M/S/C/U (McConnell/Priest) Move to approve the Draft 2005 CDBG Advisory Committee recommendations for 2005 CDBG allocation, and authorize the submission of the annual Action Plan to HUD. 7B - ORDINANCE [FIRST READING1 VACATING A PORTION OF THE NORTH/SOUTH ALLEY BETWEEN '13TM AND 16TM STREETS; AND A PORTION OF 15TM STREET BETWEEN BROADWAY AND WARREN AVENUES (#AB04-220): Michael Mecham, City Engineer pointed out that the City received a petition from Olympic College to vacate a portion of the north/south alley between 13t~ and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. Gina Chaffee asked if this vacation will block off one end of the alley. Mr. Mecham answered that this vacation is just a clean-up following construction of the current parking lot. The alley will not be blocked off and the ownership of the alley would be transferred to Olympic College. Mar~ McFarlane raised concerns over drainage in the alley and that the street is one-way. She also asked how garbage trucks would be able to access the alley. Mr. Shepherd recommended that a meeting with residents be held next week to discuss the proposed street vacation. The Council recessed the meeting from 5:59-6:00 P.M. Mr. Short asked if the access will be available to the adjacent property owners. Mr. Mecham answered yes. Mr. Short referenced the drainage concern mentioned earlier. Mr. Mecham stated that the issue will be reviewed. TAPE #1976 City Council Reg. Mtg. Minutes Wednesday, October 20, 2004 Page 3 of 6 Mr. McConnell asked for clarification on the location of the alley and asked for assurance that residents would have access following the vacation. Mr. Gehrinq asked if access to utilities has been addressed with Olympic College. Mr. Mecham answered yes. Mr. Nyqren asked if public safety and access were considered while pursuing this vacation. Mr, Mecham responded that those issues did receive consideration and the usual survey process was followed. Mr. Shepherd hopes to get feedback from residents and clarify any issues that need to be addressed. Mr, Maupin commented that this ordinance clears up ownership issues. Ms. Arends requested that Olympic College be included in any discussions with the residents on these issues. #0935 MISIC/U (Maupin/Shepherd) Move to approve the attached ordinance on first reading, vacating a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues. 7C - ORDINANCE [FIRST READING] VACATING A PORTION OF COONTZ STREET LYING BETWEEN CALLOW AVENUE AND CHARLESTON BOULEVARD; AND THE ALLEY LYING BETWEEN COONTZ STREET AND CHARLESTON BOULEVARD (#AB04-221): Michael Mecham, City Engineer stated that the City also received a petition from Kitsap Transit to vacate the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. This is a Class I~ right-of-way and compensation has been paid by Kitsap Transit. There were no comments from the public. #1040 M/S/C/U (Arends/Priest) Move to approve the attached ordinance on first reading, vacating the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. 7D - ORDINANCE rFIRST READING] AMENDING CHAPTER 21.22 OF THE BREMERTON MUNICIPAL CODE RELATING TO APPEALS OF CRITICAL AREAS LAND USE DECISIONS AND ENFORCEMENT OF VIOLATIONS OF THE CRITICAL AREAS CODE (#AB04-222): Chris HuRo, Director of Community Development explained that current provisions of BMC 21.22 relating to appeals of critical areas land use decisions, and enforcement of violations of the critical areas code are outdated. The proposed ordinance updates those provisions to obtain more efficient and effective appeal and enforcement processing. Mr. Lubovich emphasized that this ordinance provides for enforcement options through the hearing examiner process. There were no comments from the pubfic. Mr. Short asked for clarification on the enforcement tool being proposed. Mr. Hu,qo responded that while staff can not enter private property without permission from the property owner, it does allow for reporting of issues and assessing penalties through the use of the hearing examiner. TAPE #1976 City Council Reg. Mtg. Minutes Wednesday, October 20, 2004 Page 4 of 6 Mr. Gehrin,q asked if there is a document that summarizes the enforcement actions that may be taken. Mr. Hu.qo stated that there is no one document that provides the actions, but the actions are included in the updated municipal code. Mr. Lubovich emphasized that the best way to resolve the issue is through voluntary compliance to ensure safety and to avoid the process with the hearing examiner as well as possible fines. Ms. Arends was concerned about a clearing project on the 100 and 200 blocks of North Lafayette Avenue, and asked for clarification on the definition of critical areas and what process would be in place for enforcement. Mr. Huqo discussed requirements for work on steep slopes and hillsides, The process would be that a resident would call in their concerns and after investigation if the project is not permitted properly, staff could issue a stop work order to ensure safety on the worksite and compliance with critical areas regulations. #1475 M/S/C (Priest/Shepherd) Move to approve the proposed ordinance on first reading to update the provisions of the BMC relating to appeals of critical areas land use decisions and enforcement of violations of the critical areas code. Voted in favor of Motion: Maupin, Short, Gehring, McConnell, Priest, Shepherd, Nygren Voted opposed to Motion: Arends, Robinson Motion carried: 7-Yes; 2-No 7E - ORDINANCE ]FIRST READING] CREATING A NEW CHAPTER OF THE BREMERTON MUNICIPAL CODE RELATING TO THE REGULATION AND USE OF MOTORIZED WHEELED TRANSPORTATION DEVICES WITHIN THE CITY (#AB04-223): RoRer Lubovich, City Attorney emphasized that the current provisions of the BMC do not provide provisions relating to the regulation and use of motorized wheeled transportation devices within City limits. The proposed ordinance creates a new BMC chapter, Chapter 10.13, entitled "Motorized Wheeled Transportation Devices" and fudher amends BMC Section 6.32.010(f) relating to noise level definitions and Section 13.04.100 entitled "Riding Motor Vehicles, Non-Motorized Vehicles and Horses" to provide for motorized wheeled transportation devices. He added there is a need to address safety issues, outline where devices are prohibited as well as guidelines for use, and sets up enforcement provisions. Also, the Washington State Patrol has categorized the "pocket bike" as a motorcycle, but since they lack safety equipment they recommend prohibiting their use on roadways. Edward Cox provided excerpts of security footage outlining his concerns regarding pocket bikes and supported the proposed regulation. He was also concerned about the potential for accidents. Mr. Lubovich added that the City can not prohibit the use of pocket bikes on public roads. However, the Washington State Patrol defines pocket bikes as motorcycles. Therefore, in order to operate on public roads the pocket bikes must have the necessary safety equipment found on motorcycles, otherwise they are prohibited. DouR Compton agreed that there needs to be rules established for these bikes and supported the safe use of pocket bikes. He also detailed improvements that can be made to make the bikes street legal. Mr. Lubovich intends to research before second reading what devices are legal or illegal with respect to the proposed code. Mr. Shepherd emphasized that law enforcement needs some delineation of what is problematic use or safe use of pocket bikes. He also requested further discussion on how to provide public education on the new law. TAPE #1976 City Council Reg, Mtg. Minutes Wednesday, October 20, 2004 Page 5 of 6 Mr. Lubovich stated that he had met previously with Police Chief Rob Forbes to discuss public education. Possible venues may include district meetings, brochures to distribute and to post on the internet, and to coordinate with pocket bike dealers to pass on this information. Mr. Lubovich clarified that electric scooters and wheelchairs are not included in this discussion. Mr. Maupin pointed out that some activities of pocket bikes inclusive of helmets and safe speeds will be allowed. Mr. Gehrinq and .Ms. Robinson provided their support for the ordinance; and Mr. McConnell requested some language changes to the ordinance. #2688 MIS/ClU (Shepherd/Maupin) Move to approve the proposed ordinance as amended on first reading creating a new BMC chapter relating to the regulation and use of motorized wheeled transportation devices, and amending the other BMC sections to provide for said devices. 7F RESOLUT!O.%~ .NO. 2945 ?JJTHOR!Z!.~!G .~..~! L~!TERFU.ND LO?..N EXTENS~O~ FRO~ ~4~,, .k~ &k, ~?~..k[~ NO~ ~ =v~cc~ e~ ~ n.., [ ,~k. ~e~nn~ ~. Item was pulled from the agenda. 7G Dcqn: I ITl~kl kl0 ~O~ Al ITU~DITIkI~ ~1 !klTCDCl Ikl~ I ~A~I ~XTE~I~:~: cRO~. IN ~.~] A~"O~IT ~I~T T~ :V~=Cn ~4 n~ ~a I~ADnA ~g~. Item was pulled from the agenda. PUBLIC RECOGNITION Ed Pietras announced the Italian Spaghetti Festa to be held on Sunday, October 31't from 1:00 - 7:00 P.M. at the Knights of Columbus Hall located at Bu~ell and Montgomew. The cost is $6 for adults, $3 for children 6-12, and free for children under the age of 6. The event will benefit the Olympic Peninsula Kidney Center. For more information, please call 479-9210. COUNCIL MEMBER REPORTS Will Maupin stated that the Vision 2020 Plan is in the process of being updated with the Puget Sound Regional Council. Carol Arends attended the Kitsap Regional Coordinating Council Meeting with Council Member Dianne Robinson, as well as the Health Board, CENCOM, and Kitsap Transit Board meetings. She also highly recommended the "Spaghetti Festa" as one of the great events to attend during the year. Dianne Robinson mentioned that Council Member Carol Arends and herself attended the Bremedon Foodline Banquet last weekend; and asked for her constituents to contact her at 473-5280 if they have nominations for the Ci~ Pride Program Award. Mike Shepherd commended Congressman Norm Dicks for his effoAs in bringing about the Government Center and encouraged people to attend the Grand Opening on Saturday, October 23rd. He also announced that the Evergreen Neighborhood Association would be meeting to elect officers on Sunday, October 24th beginning at 4:00 P.M. at Caf~ Destino. TAPE #1976 City Council Reg. Mtg. Minutes Wednesday, October 20, 2004 Page 6 of 6 Cecil McConnell announced that the next District 1 & 2 Meeting would be held tomorrow night starting at 6:30 P.M. at the Sheridan Community Center located on the corner of Lebo Boulevard to discuss "Emergency Preparedness" and to answer any questions from citizens. Daren Ny,qren thanked Sister City Kure for hosting officials and the delegation from Bremerton, and believed that many good ideas came from that visit. Paula Johnston announced that while City offices will be moving next week, the Council Meeting would continue to be held in the Council Chambers at 239 4th Street next week. President Nyclren added that moving the meetings to the new Chambers is pending installation of recording equipment, so the meetings would continue in the current location until further notice. With no further business, the meeting of the City Council was adjourned at 7:04 P.M. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: /'~ CA'OrCA J~-H-N S~O'N ~ Oi~y-CTe~rk // DAREN NYGREN, City Co~ci~'President City of Bremerton DN/PJ/Is/cge