HomeMy WebLinkAbout08/18/04 TAPES #1965 & #1966 ~
AUG 5 004
Wednesday, August 18, 2004
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, August 18, 2004, at 5:30
P.M., with Council President Daren Nygren presiding. Council members present were Mike Short,
Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring.
Council Member Mike Shepherd was absent. Aisc present were City Attorney Roger Lubovich;
City Clerk Paula Johnston; and Le§islative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Pastor Butch Hall of Sylvan Way 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 P.M.
CONSENT AGENDA
A. Check numbers 292768 through 293077; EFT-6373 through EFT-6379 in the amount of
$950,021.09 (#AB04-156)
B. Minutes of Meeting - August 4, 2004 (#AB04-157)
C. Minutes of Meeting - August 11, 2004 (#AB04-158)
D. Intergovernmental Cooperative Agreement between the City of Bremerton and the City of
Puyallup for potential future purchase of Diesel Exhaust Extractors (#AB04-159)
E. Amendment to Interlocal Agreement between the City of Bremerton and Tracyton Water
District (#AB04-160)
F. Appointment of Jessica Kennedy to the Community Development Block Grant (CDBG)
Advisory Committee (#AB04-161)
#0045 MISICIU (Priest/McConnell) Move to approve the Consent Agenda as presented.
4A - AGREEMENT FOR PURCHASE AND SALE OF KISS'N RIDE EASEMENT; AND KISS 'N
RIDE EASEMENT & LICENSE AGREEMENT (#AB04-162): RoRer Lubovich, City Attorney, and
Gary Sexton, Economic Development Director, reported that the Kitsap Community Federal Credit
Union has acquired property which it intends to develop and improve. The City of Bremerton and
Kitsap Transit desire to purchase an easement on part of the property after improvement for
vehicular dropping off and picking up ferry passengers. The Agreement for Purchase and Sale of
Kiss 'N' Ride Easement and Kiss 'N' Ride Easement License Agreement provide for the purchase
of the easement and use of the area designated as the Kiss 'N' Ride.
It was further explained that the purchase price for the easement is $450,000 of which the City will
be responsible for half ($225,000); $90,000 of the $225,000 will be paid by way of exchange offset
for the City's vacation of the underground portion of Second Street~ The remaining $135,000 shall
be paid by the City on or before January 15, 2005. If there is any change in use, or if the City
desires to sell the easement, Kitsap Community Federal Credit Union has a right to purchase it.
Alan Shute asked about handicap accessibility. Mr. Nygren explained that laws would be
complied with, and if Mr. Shute had specific questions, he could submit them in writing to obtain a
response.
Mr. McConnell questioned if the $135,000 was an appropriate expense for Real Estate Tax funds.
Mr. Lubovich did not see any prohibition is using the funds since the City would share ownership.
Ms. Robinson asked if money for the listed improvements was included in the current budget.
Mr. Sexton responded that funding was already budgeted as part of the Burwell & Washington
Avenue Improvement Project.
TAPES #1965 & #1966
City Council Reg. Mtg. Minutes
Wednesday, August 18, 2004
Page 2 of 7
#0255 M/S/C/U (Short/Arends) Move to approve (a) the Agreement for Purchase and Sale of Kiss
'N' Ride Easement and (b) the Kiss 'N' Ride Easement and License Agreement.
MAYOR'S REPORT
Bob Battin of the Bremerton Central Lions Club and Chairman for the Sister City Committee for
Kure, Japan, acknowledged the support from the City of Bremerton, and specifically the efforts of
Elaine Valencia for the past 22 years in coordinating the Japanese Exchange Student Program
with Bremer~on's sister City Kure, Japan. Mr. Battin introduced the three exchange students; and
they in turn presented gifts to Council President Daren Nygren.
4B - AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BET~VEEN THE CITY
OF BREMERTON AND BREMERTON POLICE OFFICER'S GUILD (#AB04-'163): Carol Conle¥,
Human Resources Director, pointed out that this amendment agreed to by the City and the
Bremerton Police Officer's Guild (BPOG) will add one-half percent (0.5%) to each bargaining unit
member's base pay rate effective July 1, 2004. To receive the payment, a bargaining unit
member must have been employed with the City on July 7, 2004, and hired on or before July 1,
2004.
There were no comments from the public.
#0491 M/S/C/U (McConnell/Priest) Move to approve the amendment to the Collective Bargaining
Agreement between the City of Bremerton and the Bremerton Police Officer's Guild.
4C - COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BREMERTON AND
TEAMSTERS LOCAL #589 (#AB04-164): Carol Conley, Human Resources Director, announced
that pursuant to RCW 41.56, negotiations have concluded between representatives of the City and
the Teamsters resulting in the attached Collective Bargaining Agreement (CBA). These
negotiations have been discussed with Council in Executive Session. This CBA replaces the
current one that expired on December 31, 2003. The new CBA is for a two (2) year term,
beginning January 1, 2004 through December 31, 2005. It was ratified by the Teamsters
membership on August 10, 2004; and Council approval is required to implement this agreement.
Ms. Conley also acknowledged that with the new agreement, money was saved in health care
insurance.
There were no comments from the public.
#0625 M/S/C/U (Arends/Priest) Move to approve the Collective Bargaining Agreement by and
between the City of Bremerton and Teamsters Local #589, January 1, 2004 through December 31,
2005, and make the necessary adjustments to the Budget.
6A - ORDINANCE NO. 4907 [SECOND READING] VACATING AN UNDERGROUND PORTION
ON THE SOUTH SIDE OF SECOND STREET (#AB04-150): First reading of this ordinance was
heard on August 4, 2004.
There were no comments from the public; however Gord¥ Byrd asked for clarification on the
location.
#0735 M/S/C/U (McConnell/Robinson) Move to adopt Ordinance No. 4907 on second reading,
vacating an area underneath the south side of Second Street, from Washington Avenue westerly
to the alley at mid-block.
TAPES #1965 & #1966
City Council Reg. Mtg. Minutes
Wednesday, August 18, 2004
Page 3 of 7
6B - RESOLUTION NO. 2934~ ACCEPTING THE APPLICATION FOR ANNEXATION RECEIVED
FROM KENNETH A. RACUS (#AB04-165): Chris Hu.qo, Community Development Director,
explained that the City received a petition form Kenneth A. Racus seeking annexation of territory
into the City. The City must meet with the initiating party not later than 60-days after filing the
request to consider the petition and make certain decisions regarding the annexation. The
proposed resolution accepts the proposal for annexation, adopts the comprehensive land use plan
designation for the proposed annexation area, requires the assumption of all existing City
indebtedness and requires the that the appropriate petition be filed with the City and the required
information be forwarded to the Boundary Review Board.
John Park submitted a letter to include as part of the record to express the concerns of 60 other
residents located near the proposed development in Normandy Park.
William Palmer was here to represent Kenneth A, Racus, and to address several of the concerns
raised by Mr. Park and other residents of the area.
Mrs. Arends clarified the action before the Council is to approve the request to annex into the City
of Bremerton, not to consider the proposed development.
#'1415 M/S/C/U (McConnell/Short) Move to pass Resolution No. 2934, accepting the application for
annexation received from Kenneth A. Racus.
6C - RESOLUTION NO. 2935~ SEEKING STATE LEGISLATIVE ACTION TO ADDRESS
FUNDING FOR MUNICIPAL TRANSPORTATION INFRASTRUCTURE (#AB04-'166): Phil
Williams, Public Works & Utilities Director, said that the City is attempting to put together a
coalition of cities to lobby the legislature regarding increased transportation funding. The effort will
involve an appeal for both additional state dollars and pass-through federal funding for cities. In
addition, this coalition will look to the Governor and the legislature for new local options for
transportation funding. This would include specific authority to develop and operate a street utility.
Allen Shute expressed his concern that the City was asking for Federal money while being in
violation of State ADA regulations.
Gordy Byrd asked for further explanation on what the Council was being asked to approve.
President N¥.qren explained that this was a formal request by all the Cities in Washington asking
the State to provide funding for transportation options at the local level.
Paula Johnston, City Clerk, reminded Mr. Byrd that the full Council packet was available for
review on the City's web site at www.ci.bremerton.wa.us and copies are also provided to both the
Downtown Library and the Sylvan Way Library. She further indicated that Del Knauss provided
an e-mail addressing his concerns with this issue, and noted his letter was provided to all Council
members, and would be included as part of the official record as well.
Mr. Short commented that due to the limited funds municipalities receive from the State, along
with reduced revenues this was merely an opportunity for all the cities together to encourage the
State Legislatures to provide legislation and funding allowing the cities to take care of their urgent
needs.
Mr. McConnell explained that he was generically opposed to asking the State to give the City
more power to impose more taxes.
#'1820 M/S/C (Short/Maupin) Move to adopt Resolution No. 2935 as written, and forward to the
Governor, our local state legislative delegation (both House and Senate), other Kitsap County
cities, and the City of Seattle with a cover letter signed by the Mayor.
TAPES #1965 & #1966
City Council Reg. Mtg. Minutes
Wednesday, August 18, 2004
Page 4 of 7
Voted in favor of Motion: Shod, Priest, Robinson, Arends, Maupin, Nygren
Voted opposed to Motion: McConnell
Abstained: Gehring
Motion carried: 6-Yes; l-No; 1-Abstention
6D - RESOLUTION NO. 2936, AMENDING RESOLUTION NO. 2930 EXTENDING
SEPTEMBER 1~ 2004 THE EFFECTIVE DATE OF THE ASSIGNMENT OF THE
"COMPREHENSIVE GARBAGE, RECYCLABLES, & YARD DEBRIS COLLECTION
CONTRACT" FROM RABANCO~ LTD TO WASTE MANAGEMENT OF WASHINGTON~ INC.
(#AB04-167): RoRer Lubovich, City Attorney, summarized that City Council passed Resolution
No. 2930 approving the assignment of the City's Comprehensive Garbage, Recyclables and Yard
Debris Collection Contract from RABANCO, LTD to WASTE MANAGEMENT OF WASHINGTON, INC.
RABANCO and WASTE MANAGEMENT desire to extend the effective date of the assignment from
August 1, 2004 to September 1, 2004. The proposed resolution amends Resolution No. 2930
extending the effective date of the assignment.
Terry Bickel, District Manager for WASTE MANAGEMENT OF WASHINGTON, INC. provided an update
on the transition, and looked forward to serving the residents of Bremerton.
There were no comments from the public.
#1993 M/S/C/U (Priest~McConnell) Move to pass Resolution No. 2936 amending Resolution No.
2930 extending to September 1, 2004, the effective date of the assignment of the Comprehensive
Garbage, Recyclables, and Yard Debris Collection Contract from RABANCO, LTD. To WASTE
MANAGEMENT OF WASHINGTON, iNC.
6E - RESOLUTION NO. 2937 FOR CLOSED RECORD HEARING REGARDING THF
CAMPBELL WAY TOWNHOMES/PLAT FINAL PLANNED UNIT DEVELOPMENT [FILE NO.
BP04-00339; PRELIMINARY FILE NO. BP03-00213] (#AB04-168):
President Ny,qren indicated that because this is a Closed Record Hearing, all Council Members
should now give consideration as to whether they have 1) demonstrated bias or prejudice for or
against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the
proceedings; 3) a prejudgment of the issue pdor to headng the facts on the record; 4) ex parte
contact with any individual, excluding administrative staff, with regard to an issue prior to the
hearing. Wendy Priest advised that she would excuse herself from this hearing because the
applicant for this development is a client of the firm she is employed by. All other Council
members remained seated.
President Ny,qren then asked if any member of the public believed any Council Member should
excuse themselves due to a conflict with the Appearance of Fairness Doctrine, or for other
concerns, to please state the reasons now. Due to no comments from the public, all remaining
Council Members remained seated.
Robert Grumbach., Community Development, made a brief presentation to explain that Resolution
No. 2927 granted preliminary approval to the Campbell Way Townhomes PUD/Plat to subdivide
0.99 acres of land into 14 individual lots in order to construct 14 townhomes at 1207 Campbell
Way. The City Engineer and Community Development Director signatures accompany the final
plat recommending approval.
Because this was a Closed Record Hearing, no comments from the public were allowed.
TAPES #1965 & #1966
City Council Reg. Mtg. Minutes
Wednesday, August 18, 2004
Page 5 of 7
#2502 M/S/C/U (Arends/Maupin) Move to pass Resolution No. 2937 approving the final plat for
Campbell Way Townhomes and authorizing the City Council President Nygren to sign the Mylar.
6F - RESOLUTION NO, 2938 FOR CLOSED RECORD HEARING REGARDING THE WYCOFF
PRELIMINARY PLANNED UNIT DEVELOPMENT [FILE NO. BP04-00231] (AB04-169):
President Ny,qren indicated that because this is a Closed Record Hearing, ali Council Members
should now give consideration as to whether they have 1) demonstrated bias or prejudice for or
against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the
proceedings; 3) a prejudgment of the issue prior to hearing the facts on the record; 4) ex parte
contact with any individual, excluding administrative staff, with regard to an issue prior to the
hearing. Wendy Priest advised that she would excuse herself from this hearing because the
applicant for this development is a client of the firm she is employed by. Ail other Council
members remained seated.
President Ny,qren then asked if any member of the public believed any Council Member should
excuse themselves due to a conflict with the Appearance of Fairness Doctrine, or for other
concerns, to please state the reasons now. Due to no comments from the public, all remaining
Council Members remained seated.
Robert Grumbach, Community Development, recalled that the Hearing Examiner made a
recommendation on a preliminary Planned Unit Development and plat (File Number BP04-00231)
to subdivide 2.486 acres of land into 22 individual lots in order to construct 22 attached single-
family dwelling units at the northeast corner of North Wycoff Avenue and 25th Street. The
recommendation included twenty-one (21) conditions to be imposed for final plat approval. Mr.
Grumbach discussed the highlights of the Hearing Examiner Findings, Staff Conclusions, and
also summarized the citizen comments provided at the Open-Record Hearing that was held prior
to the Administrative Hearing Examiner's review.
Because this was a Closed Record Hearing, no comments from the public were a/lowed.
TAPE #1966
Mr. Grumbach provided clarification on several issues raised by the Council prior to the vote...
#0165 M/S/C (Maupin/Arends) Move to pass Resolution No. 2938 approving and adopting the
Findings, Conclusions, and Recommendation of the Administrative Hearing Examiner; and
approve the preliminary Planned Unit Development and plat for the Wycoff PUD subject to the
proposed conditions.
Voted in favor of Motion: Arends, Maupin, Short, Gehring, McConnell, Nygren
Voted opposed to Motion: Robinson
Motion carried: 6-Yes; 1-No
PUBLIC RECOGNITION
Allen Shute commented on the parking tickets received from DIAMOND PARKING; and expressed
his concerns with the apparent violation of ADA regulations of the parking stalls at the Harborside
Conference Center.
John Allen delivered a letter to the attention of Mayor Cary Bozeman and Council President
Daren Nygren to express his concern with the lack of equipment to assist citizens with special
needs; and to address the specific concerns for handicap accessibility at the Harborside
Conference Center.
TAPES #1965 & #1966
City Council Reg. Mtg. Minutes
Wednesday, August 18, 2004
Page 6 of 7
Don Larson presented a copy of a "State of Washington Visitor Guide" and pointed out that it only
contained three sentences about Bremerton, with no pictures, and hoped the City could do a better
job marketing itself; and Jim Trainer handed out calendars from Kitsap Trees with pictures of
trees found in and around the City of Bremerton.
Jerry Van Fossen owns property in Bremerton, and was concerned that there are more and more
properties being taken off the tax rolls due to property owned by the Kitsap Consolidated Housing
Authority (KCCHA).
Katrina Folkerson announced several youth programs and after-school activities available at the
YMCA; and announced a closure for maintenance to the building from August 29 to September 6.
Norm McLou.qlin provided copies of the "2003 Annual Report for the Kitsap County Consolidated
Housing Authority" to provide factual information in response to earlier comments that KCCHA is
taking City properties off the tax rolls.
Gordy Byrd was pleased to comply with a request to send a number of the toothbrushes he
collected to Cambodia.
COUNCIL MEMBER REPORTS
Mike Short reported on the issues discussed at the last Kitsap Lake Neighborhood Association
meting he attended; and announced a combined District 8 & 9 Neighborhood meeting would be
held in the Oyster Bay Conference Room on September 16 to discuss the Bremerton
Comprehensive Plan.
Mr. Maupin encouraged any citizens interested in developing a neighborhood association to
attend.
Carol Arends discussed the budget season for the Health Board was going to begin soon, as well
as for the City.
Dianne Robinson hoped to see others inspired to implement neighborhood improvements after
seeing the completion of several "face lifting" projects in her District.
Cecil McConnell discussed the positive aspects to the newly formed "Council Liaison to City
Departments Program"; and invited citizens to attend the District 1 & 2 Community Meeting to be
held Thursday, August 19 at the Sheridan Park Recreation Center to hear presentations on the
Bremerton Comprehensive Plan.
Brad Gehrinq invited the public to the "Eastside Community Fair" on Saturday, August 21st from
10:00 A.M. to 4:00 P.M. at Lions Field, which would include refreshments, and activities for the
whole family. He also announced several new businesses opening in Bremerton; and the
"Blackberry Blues Jam" to be held at the Admiral Theater on Saturday, August 28th starting at
7:00 P.M., which would include a Motorcycle Show starting at 4:00 P.M.
Daren Ny.qren asked citizens to contact the City Council office if they wished to add their e-mail
address to a contact-list maintained to provide notification of Council District meetings.
TAPES #1965 & #1966
City Council Reg. Mtg. Minutes
Wednesday, August 18, 2004
Page 7 of 7
With no further business, the meeting of the City Council was adjourned at 8:12 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
I:~,U'LA JOHI~S.~ON, 'City (~lerk
City of Bmmerton
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