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HomeMy WebLinkAbout07/07/04 TAPES #1957 & #1958 CITY COUNCIL MEETING MINUTES 0 20O4 Wednesday, July 7, 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, July 7, 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. Also present were City Attorney Roger Lubovich; 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 Pastor G.T. Johnson formerly of Brownsville United Methodist 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.; 2. Item 3(B) was pulled from the agenda; 3. Item 3(C) was removed from the CONSENTAGENDA and heard as Item (4B) under NEW BUSINESS; 4. Item 3(D) was pulled from the agenda; 5. Item 4(B) was removed from NEW BUSINESS and heard as Item 5(A) under PUBLIC HEARINGS; 6. Item 5(A) was changed to Item 5(B); 5(B) was changed to Item 5(C); 5(C) was changed to Item 5(D); and 5(D) was changed to Item 5(E) 7. Although the Public Hearing for Item 5(C) was heard tonight, there was no action taken. CONSENT AGENDA A. Check numbers 291855 through 291890; EFT-6287 through EFT-6290; P6291, P6295, 291586, EFT-6292 and EFT-6294 in the amount of $175,532.36 (#AB04-125) u,~.~....~;a~, c~...~.~.... ~_ ..... (,-y,.~n,, !27) Item heard under NEwBUSlNESS n ..... * ..... o .... ,-*.... "~. ...... , ...... l,',,,,-. ,D , ...... ,, z*~A~n., !28) Item puffed was #0015 MISICIU (Priest/McConnell) Move to approve the Consent Agenda as presented. MAYOR'S REPORT There was no Mayor's Report this evening; however, President Ny.qren introduced Cris Larsen, Armed Forces Festival Chairman, who provided an update on the Armed Forces Festival, and presented an award to Mike Shepherd for the 1 st annual "Best Float Entry by a Council Member". 4A - AGREEMENT WITH PORT BLAKELY COMMUNITIES~ INC. REGARDING THE PREoPURCHASF SCOPE OF WORK FOR EASTPARK ACQUISITION (#AB04-'129): The Economic Development Department has recommended that the City of Bremerton enter into a Pre-Purchase Scope of Work (Due-Diligence) Agreement with PORT BLAKELY COMMUNITIES, INC. for the potential sale/purchase of Eastpark which is City owned property consisting of approximately 47-acres of land that currently has no structures or improvements. The City desires to see the property developed as an urban medium density residential neighborhood (6 to 10 unites per acre) with a sense of place and locality, quality construction, neighborhood amenities and landscaping, innovative design and respect for the environment. PORT BLAKELY COMMUNITIES, INC. has the background and experience to perform pre- purchase analysis (due-diligence), plan, design, and construct a residential development on that site. Mr. Nygren added that this was an initial agreement that did not bind either party to develop the property, but rather, allows PORT BLAKELY COMMUNITIES, INC. a 90-day fact-finding period; and assured members of the public that there would be an opportunity for community involvement in the development stage. Mr. Lubovich clarified an amendment to the contract prior to the vote. TAPES #1957 & #1958 City Council Reg Mtg. Minutes Wednesday, July 7, 2004 Page 2 of 6 There were no comments from the pub~lc. #0280 M/S/C/U (Arends/McConnell) Move to approve the Pre-Purchase Scope of Work Agreement as amended between the City of Bremerton and PORT BLAKELY COMMUNITIES, INC. regarding the Eastpark property; and authorize the Mayor to execute the agreement upon concurrence by the City Attorney of the language therein. 4B - PARKING MANAGEMENT AGREEMENT WITH DIAMOND PARKING SERVICES~ LLC FOR THF BREMERTON HARBORSIDE PARKING GARAGE (#AB04-'127): Paula Johnston, City Clerk, explained that BREMERTON HARBORSIDE PARKING MANAGEMENT hired DIAMOND PARKING as manager for the Bremerton Harborside Parking Garage for a three-year period. The agreement includes a base rate of $4558 monthly, a 2% incentive for revenues over $40,000 annually, and labor rate for additional services. It also establishes times for lot checks and maintenance. There were no comments from the public. #0228 M/S/C (Arends/McConnetl) Move to approve the BREMERTON HARBORSIDE PARKING MANAGEMENT Agreement with DIAMOND PARKING for the management of the Bremerton Harborside Parking Garage; and authorize the Mayor to execute the agreement and other documents necessary to carry out these agreements in substantially the same form as presented. Voted in favor of Motion: Priest, Shepherd, Robinson, Arends, Maupin, Short, Gehring, Nygren Abstained: McConnell Motion carried: 8-Yes; 1-Abstention 5A - FY'03 & FY'04 HUD-GRANTED PROGRAM FUNDS FOR "AMERICAN DREAM DOWN- PAYMENT INITIATIVE (ADDI) USE & OUTREACH PLAN" (#AB04-130): Michelle Eichhorn., Community Development, explained that as a member of a HOME consortium with Kitsap County, the City wilt receive a total of approximately $58,270 or 45.4% of each years ADDI funding from Federal fiscal year 2003 and 2004 for the purpose of making down-payment assistance to Iow-income families who are first-time homebuyers. It is recommended that these funds be designated for the City's Homebuyer Assistance Program. In accordance with the requirements of the program, the City will conduct targeted outreach to tenants of public housing, and to other families assisted by public housing agencies, for the purpose of ensuring that these funds are used to provide Homebuyer assistance for such residents. There were no comments from the public. #0595 M/S/C/U (Shepherd/Arends) Move to approve the use of HUD-granted "American Down Payment Assistance Initiative" (ADDI) 2003 and 2004 Program Funds in the amount of $58,270 for funding homebuyer assistance activities. SB - PUBLIC HEARING FOR 2005 DRAFT CDBG/HOME POLICY PLAN AND APPLICATION FOR FUNDING (#AB04-~131): Michelle Eichhorn, Community Development, summarized that a study session with the Council was held on June 9, 2004 to review the 2005 CDBG/HOME Policy Plan and Application. Recommendations from the Council are listed on page A. An advertised public meeting was held on June 23, 2004 and there were no recommended changes from the public at that time. There were no comments from the public. #0740 M/S/C/U (Arends/Maupin) Move to approve the 2005 CDBG/HOME Policy Plan and Application as amended. TAPES #1957 & #1958 City Council Reg. Mtg. Minutes Wednesday, July 7, 2004 Page 3 of 6 5C - ORDINANCE [FIRST READING] AMENDING BMC SECTIONS 21.02.230 AND '17.04,060 (E) RELATING TO DEVELOPMENT AND PERMIT REQUIREMENTS FOR FENCES {#AB04-132): Chris Hugo, Community Development Director, mentioned that in recent years, violations of the city's fence height standards have become more prevalent. At the conclusion of a Council's Study Session in April, the DCD was directed to draft ordinance amendments to address provisions for special use permits, entry features, and permit requirements. The Council's direction also confirmed retaining the existing height standards in the code. The Planning Commission conducted a workshop on the proposed amendments on April 15, 2003; and held public hearings on June 17 and July 15, 2003. The Commission recommends the attached ordinance to the Council for adoption. Mr. Hugo provided a POWER POINT presentation to show examples of properties with various conforming and non-conforming fences to provide further details of the proposed amendments and to aid in the discussion of issues that still required resolving, i.e. fence height. President Ny,qren explained that no action would be taken on this item tonight however; he decided to keep it on the agenda so as to take public comment from those who attended the meeting tonight. Jack Garrett provided pictures of his property to show that the fence on his property has been in existence since 1974, and questioned whether his property would be "grand fathered". Jerry VanFossen owns a few properties and the City, but was unaware of the fence ordinances until he attempted to repair one of his existing fences. He felt there were legitimate instances where a chain-link fence higher than 3 feet was reasonable and necessary, and added that the City's fence heights should at least be consistent with the County's. Donald Pennin~lton supported the request made earlier by Mr. Garrett, and additionally expressed his concerns with the areas of the ordinance which he believed infringed on property rights, and added that exceptions should be made for those properties located in "high traffic" areas or for those who owned "high risk" animals such as pit bulls. William Schnarr also discussed the issues uniquely related to those whose property sits on a corner and is in a high traffic area. Mr. Hugo clarified that this ordinance would apply when there is a corner property and both yards facing each street are front yards by definition. Eric Youn,qer provided comments to express his concern with aspects of the ordinance such as the added requirement for a permit; and was disappointed that citizens were not being allowed to ask a lot of questions and receive answers from staff in attendance. President Ny,qren determined that due to the number of questions, he asked that they be submitted in writing, and assured Mr. Younger that he would be provided the answers. Mr. McConnell asked that Council members also received a copy of the questions with the answers. Paula Johnston added that a letter submitted by Jim Adrian listing his concerns with the permitting requirements and fence heights was included as a part of the record. Mr. Hu,qo addressed the issues raised by Mr. McConnell regarding front-yard three-foot setbacks. Mr. Gehrin,q took exception with the restriction for a 42" chain link fence height after calling around and finding out that the standard height available for purchase was 48". Mr. Hugo explained that the 42" height limit has always been in the ordinance, and was not implemented by him; and that Council has not provided direction for any changes to the draft of the ordinance before Council tonight. Mr. Shepherd appreciated that Mr. Gehring took the time to obtain information on chain link fencing height easily available to consumers; and discussed homeowner's use of vegetation for "screening". Mr. Hugo explained that the current ordinance is "silent" regarding the use of landscaping. TAPES #1957 & #1958 City Council Reg. Mtg. Minutes Wednesday, July 7, 2004 Page 4 of 6 Mr. Short commented that the Council requires further deliberation on this issue to consider use of "grand fathering", application of front-yard definitions, fences used for security and noise buffering, permitting costs, and all the other questions raised tonight. Noted that DCD has a pamphlet available which discusses the information needed to build a fence in compliance with City code. Mr. Maupin added that this ordinance will address these and other important issues, and believed that a permitting system was the best way to monitor fence regulations. He also pointed out the added language to allow entry features. Mrs. Arend$ also raised the issue regarding the application of front-yard definitions. Mr. Hu.qo replied that standard zoning regulations are applied, and responds to which yard is on the street, regardless of where the "view" might be. Ms. Priest noted that it was heard over and over from citizens during the Comp Plan public meetings that aesthetics were valued to address the "visual appeal" of the City. #$4?? MISICIU (McConnell/Gehring) Move to continue Public Hearing to July 21, 2004. 6D - RESOLUTION NO. 2931~ REGARDING APPROVAL AND RATIFICATION OF KITSAP CONFERENCE CENTER AT BREMERTON HARBORSIDE CHANGE ORDERS (#AB04-125): Roger Lubovich submitted that expenditures in the form of contract modifications related to the Kitsap " Conference Center at Bremerton Harborside have been approved by the Director of Economic Development, and the work detailed in the contract modifications has been completed pursuant to Bremerton City Code 2.76.400 (a). The City Council must approve change orders of an aggregated value exceeding $250,000. TAPE #1958 Eric Younger asked if the Council members should have approved the Change Orders before they were executed, thereby creating a request that the Council approve an "illegal contract". Mr. Lubovich established that lengthy discussion was held on whether or not the Council has granted authority to the Economic Development Director to execute Change Orders, and it was determined in this instance that a "conservative approach" for ratification would be taken; and further established that this was not an "illegal contract". Mr. Younger expressed his concern that the Economic Development Director did not sign this Agenda Bill. President Nygren explained that the Economic Development Director had agreed to sign it, but it was ultimately decided that the Mayor would sign this particular Agenda Bill. Mr. Younger lastly, questioned how the Council could approve these Change Orders totaling $1,944,999.00 when "Unknown" was listed under the "Fiscal Impact" section of the agenda bill. President Nygren explained that "Fiscal Impact" refers to the City's budget; and Mr. Lubovich further explained that it was not known during the initial discussions whether or not a Budget Adjustment was required, but it was later determined that the Change Orders could be funded with money that was budgeted and held in reserves for these types of items; therefore, no Budget Adjustment was necessary. Mr. Short addressed the opinion of the Audit Committee on this issue; which included a recommendation to move forward and ratify the adjustments because the funding was available. Also, that the requirements of the BMC need to clearly specify issues of authority; and the Executive office needs to improve communications. Mr. McConnel! expressed his concern that a violation occurred with how the Change Orders were executed, and that the Council was not informed earlier; therefore he would not support this Resolution. Mrs. Arends pointed out that after information on this issue was brought to the Council, President Nygren appointed an Ad-Hoc Committee to study the concerns, and it was then determined that although different processes were used to obtain the numbers, the final numbers were ultimately the same. TAPES #1957 & #1958 City Council Reg. Mtg. Minutes Wednesday, July 7, 2004 Page 5 of 6 Mr. Shepherd addressed issues with the fountain, including the lack of a response to previous concerns expressed about the costs and whether or not a fountain would actually bring additional people to the Conference Center. Mr. Maupin agreed that a misunderstanding occurred regarding the authority of the Project Manager, and that after lengthy discussions were held, he agreed that the Council would approve these Change Orders, as well as all future Change Orders; and pointed out that the fountain was included in the original plans, but no money for the fountain was available at that time. #0500 M/S/C (Arends/Maupin) Move to pass Resolution No. 2931 approving and ratifying contract modification expenditures for the Kitsap Conference Center at Bremerton HarborSide. Voted in favor of Motion: Maupin, Short, Gehring, Arends, Nygren Voted opposed to Motion: McConnell, Priest, Shepherd, Robinson Motion carried: 5-Yes; 4-No 5E - RESOLUTION NO. 2932~ SETTING A HEARING DATE OF AUGUST 47 2004 FOR VACATING A SUBTERRANEAN PORTION OF SECOND STREET (#AB04-134): Roger Lubovich, City Attorney, stated that the City initiated the vacation of a subterranean portion of Second Street at the corner of Washington Avenue and Second Street. The vacated area will be incorporated into the abutting property owned by Kitsap Federal Credit Union. This is a Class li right-of-way and compensation will be required in accordance with BMC 11.20.140. Staff requests that a hearing date of August 4, 2004 be established to consider the proposed vacation. There were no comments from the public. Mr. McConnell asked how the value of the property to be vacated was determined. Mr. Lubovich stated that the action before them was merely to set the hearing date, and that more information would be available at that time; but answered the value was provided as $90,000 by the appraiser. #0632 M/S/C/U (Arends/McConnell) Move to approve Resolution No. 2932 setting a hearing date of August 4, 2004, to consider vacating a subterranean portion of Second Street. PUBLIC RECOGNITION Bruce Waterbury was here to represent the YMCA, and announced the Senior Games would begin tomorrow on July 8, which would include a dinner at the President's Hall on Saturday night. He also presented the first medal of the Games to Council President Nygren for his support. COUNCIL MEMBER REPORTS Mike Short provided a briefing on the issues discussed at the last KRCC Policy Board meeting he attended along with Mrs. Arends. Will Maupin added that as part of the Senior Games, he was in charge of the 3-on-3 basketball tournament that would be held on Saturday from 10:00 AM to 3:00 PM at the Bremerton High School Gym. Carol Arends also attended the KRCC Policy Board meeting and added that a public hearing to discuss further issues of the population study would be held on July 27 in Silverdale; and planned to attend a PSRC Board Meeting on July 8 to discuss proposed road projects and current traffic concerns relating to the Highway 305 corridor. TAPES #1957 & #1958 City Council Reg. Mtg. Minutes Wednesday, July 7, 2004 Page 6 of 6 Mike Shepherd announced that the CHARLESTON CINEMA was again offering free summer matinees; discussed the recommendations made by the "Fireworks Committee"; entered a number of the Senior Games events; amazed at how much support has been provided for the downtown redevelopment; was pleased at the interest shown in monorail as an alternative mode of transportation in the area; and added that Concerts at Evergreen Park will be held on Tuesdays from 6:00 to 8:00 PM. Wend¥ Priest announced the "Peanut Butter & Jam Concert Series" was beginning Wednesday, July 14, from 11:30 AM to 1:00 PM at the corner of 4th Street and Washington Avenue. Cecil McConnell asked the Council members to continue to submit their recommendations for Charter changes; and questioned whether the Council would hold a Study Session to critique the Council's new meeting format. President Ny.qren replied yes. Brad Gehrinl:l commented on the recent District 1 and 2 Community Meeting and thanked Michelle Eichhorn of Community Development and City Attorney Roger Lubovich for attending; asked for volunteers for the "Eastside Community Fair" planned for Lions Field on Saturday, August 21 which would include a display on bicycle safety; and lastly, announced a "Blues Concert" would be held at the Admiral Theater on Saturday, August 28 and would include a motorcycle show. Daren Nygren thanked Mrs. Arends for chairing the ad-hoc committee regarding the Change Orders for the Conference Center issues; and Mr. Shepherd for chairing the committee on Fireworks issues, as well as committee members. With no further business, the meeting of the City Council was adjourned at 8:02 P.M Prepared and Submitted by: I'0~1 SMITH ' Legislative Assistant Attest: ~ ~ P"A~ULA JOHN/~f'O[q~ Interim City Clerk DAREN NYGREN, City Cour~cil'President City of Bremerton DNIP JIIslcge