HomeMy WebLinkAbout05/26/04 TAPES #1950 & #19§1
CITY COUNCIL MEETING MINUTES JUN
Wednesday, May 26, 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, May 26, 2004, at 5:30
P.M., with Council President Daren Nygren presiding. Council members present were Mike Shod,
Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and
Brad Gehring. Also present were City Attorney Roger Lubovich; Interim 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 Ethyl Mae Nelson, Associate in Ministry at Our Saviour's
Lutheran Chumh.
President Nyqren made the following announcements:
1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM;
2. Effective June 2®, the Council will be on a new meeting schedule, with regular Council
business meetings on the 1st and 3rd Wednesdays of each month; and limited-agenda Council
meetings on the 2"d, 4th , and 5th (if applicable) Wednesdays of each month, with all meetings
beginning at the usual time of 5:30 PM; and
3. Item 6C under "PUBLIC HEARINGS- ORDINANCES & RESOLUTIONS" will be moved up on the
agenda tonight and heard first as Item 6A.
CONSENT AGENDA
A. Check numbers 290773 through 290972 and EFT-8203 through EFT-8206 in the amount
of $1,249,799.53 on the Master Check Register; and Regular Payroll for the pay period
ending May 15, 2004 in the amount of $894,887.32 (#AB04-091)
B. Hiring of Patric J. Coxon as Wastewater Manager at Pay Band 15, Rate 7 (#AB04-092)
C. Supplement No. 1 to Professional Services Agreement with PARAMETRIX, INC. for SR304
Transportation Improvement Project, Missouri Gate Phase (#AB04-093)
#0040 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
MAYOR'S REPORT
· Reported that Bremerton was recognized in the June issue of MONEY magazine as one of the
top five "Up & Coming" cities in the United States with populations less than 250,000;
· Was pleased with the ongoing park improvements at the corner of 11th & Warren Avenues;
· Announced that a contractor will be chosen soon for the Eastpark Development; and
· Expressed his support for several issues on the Council agenda tonight.
6C - ORDINANCE [FIRST READING1 ESTABLISHING A CITY OF BREMERTON ART~
COMMISSION AND "1% FOR THE ARTS" PROGRAM FOR CITY-FUNDED CAPITAl
PROJECTS (#AB04-095): Ro,qer Lubovich, City Attorney, said that public art is recognized as a
stimulus to the vitality, economy, and culture of our community, enhancing the quality of life for all
citizens because of its public nature. The proposed ordinance establishes a City of Bremerton
Arts Commission and a One Percent (1%) for Arts Program for the City. Further, the proposed
ordinance establishes procedures for the acquisition and display of art for the One Percent (1%)
for Arts Program.
Ms. Priest emphasized that public art can create a sense of place, identity, character, and beauty,
and that this ordinance addresses the need for public art in Bremerton; and added that if a
program were established, the City could then pursue additional grant funding and encourage
private donations.
TAPES #1950 & #1951
City Council Reg. Mtg. Minutes
May 26, 2004
Page 2 of 6
Helen Miller felt it was irresponsible to ask tax-payers to fund ads projects when more police
officers and firefighters were needed.
Allen Shute agreed with the comments made by Ms. Miller, but would rather see any extra money
used to help the homeless.
Ed Rollman asked for this item to be delayed until an "ad survey" could be conducted to identify
issues specific to our community; and raised concerns over title ownership of the ad, maintenance
costs, and school involvement.
Lynn Horton, President of the WEST SOUND ARTS COUNCIL, spoke of the many positive aspects
for having public ad in a community, and urged the Council to support this ordinance.
Additionally, the following members of the public spoke in favor of the proposed ordinance...
Gwendolyn Atwood, Ken Van der Does, and Gail Goodrich, members of the Kitsap County Ads
Commission; Susan Sweetwate~; Don Wesley; Patrick Romney; Robert Kelly; H. Emily
Moshay; Cynthia Cruver, John Lyle, Michael Hosea; Laura Boyle; Amy Burnett; AuRusta
Asberry; and Marnie Swenson.
Mr. Maupin, Mr. Shepherd, and Mr. Nyqren discussed their reasons for supporting this proposed
ordinance; however, Mr. McConnell, Ms. Robinson, Mr. Gehrin.q, Mr. Short, and Mrs. Arends
provided comments to explain that although they supported the arts, they could not support the
proposed ordinance as it was currentJy written. A question was also raised regarding the exclusion
of the performing ads.
Ms. Priest responded that although performing ads and film festivals were wonderful things, she
believed public funds needed to be spent on something sustainable, something that people will
enjoy for a long, long time. And in response to comments that there were "holes" in the ordinance,
she explained that certain details were left out to allow flexibility in the formation of the Arts
Commission. Lastly, she elaborated on the intended use of an Advisory Committee, and explained
that this money could not be used for public safety, but for capital projects.
#3034 M/S/F (Priest/Shepherd) Move to approve the proposed ordinance on first reading, as
amended.
Voted in favor of Motion: Priest, Shepherd, Maupin, Nygren
Voted opposed to Motion: McConnell, Robinson, Arends, Shod, Gehring
Motion failed: 4-Yes; 5-No
6A- ORDINANCE NO. 4898 rSECOND READING] RELATING TO UNAUTHORIZED CAMPING~
PARKING RESTRICTIONS IN PUBLIC RIGHTS-OF-WAY~ AND ENFORCEMENT OF PARKING
INFRACTIONS (#AB04-075): The first reading of this ordinance was heard May 19, 2004.
Allen Shute asked if a record of complaints would be kept by DIAMOND PARKING. Paula
Johnston, Interim City Clerk, clarified that DIAMOND PARKING keeps a log of all calls received.
#3235 M/S/C/U (Maupin/Arends) Move to pass Ordinance No. 4898 on second reading.
6B - ORDINANCE [FIRST READING] AMENDING BREMERTON MUNICIPAL CODE 21.07
RELATING TO NOTICE REQUIREMENTS FOR FINAL SUBDIVISION PLATS (#AB04-094):
RoRer Lubovich, City Attorney, explained that Chapter 21.02 BMC requires technical corrections
to Section 21.02.850 and Appendix Figures 840 and 895 (a) in order to correct the hearing
requirements relating to final subdivision plats. These decisions are subject to a City Council
closed record decision rather than an Administrative Hearing Examiner open record public hearing
as currently noted. The proposed ordinance makes the necessary corrections.
TAPES #1950 & #1951
City Council Reg. Mtg. Minutes
May 26, 2004
Page 3 of 6
There were no comments from the public.
Mr. Lubovich clarified for Mr. McConnell that Council may still hold open record hearings, but this
revision is to addresses the scenario when a Hearing Examiner provides recommendations to
Council regarding project permits, which should be discussed in a closed record hearing.
#3427 M/S/C/U (Short/Arends) Move to approve the proposed ordinance on first reading.
6D - ORDINANCE [FIRST READING] RELATING TO THE RESTRUCTURING OF THF
"DEPARTMENT OF FINANCE" AND "DEPARTMENT OF ADMINISTRATIVE SERVICES" INTO
THE "DEPARTMENT OF FINANCIAL SERVICES"; AND CREATING A NEW POSITION OF
FINANCE OFFICER AT SALARY BAND 16; AND NEW JOB DESCRIPTIONS FOR THF
POSITIONS OF "DIRECTOR OF FINANCIAL SERVICES"T "CITY CLERK"T "ASSISTANT
FINANCE OFFICER"~ AND "BUDGET ANALYST"; AND APPROVE A BUDGET ADJUSTMENT
TO INCREASE THE DEPARTMENT OF FINANCIAL SERVICES IN THE AMOUNT OF ~;40~000
(#AB04-096): Mayor Cary Bozeman stated that the purpose of this proposal is to combine the
Departments of Administrative Services and Finance into the new Department of Financial
Services. This new department would be comprised of the divisions of Finance, Office of the City
Clerk, BKAT, and Information Technology. In order to accommodate the restructuring of the
Department, the new position of Finance Officer needs to be created, and new job descriptions for
the position of Director of Financial Services, City Clerk, Assistant Finance Officer, and Budget
Analyst need to be approved.
There were no comments from the public.
Mr. Short asked for an edit error to be corrected, and noted this proposal was a compromise.
Mr. Maupin explained that a Committee comprised of himself, Mike Short, and Cecil McConnell
held many discussions between themselves and with the Finance Department to come up with
what he believed to be the best solution to solve the current problems, and agreed this was a
compromise. He added that he also believed that the Departments could be combined under one
Department Head.
Mr. McConnell clarified that the proposal was not actually "combining" two departments, but
rather "reorganizing" them under one title.
Mrs. Arends referred to the $40,000 noted under the "Fiscal Impact" to the budget, and asked
what the money was for. Mr. Wilson replied the money was going to pay for the addition of the
Finance Officer position for the remaining 5-month period. Mrs. Arends believed that a
"gentleman's agreement" was made during the budget sessions last year that if any additional
money was found, it would be used to restore what was lost, or to reinstate the step increases to
Management and Professional Staff salaries that were not funded. Mr. Bozeman clarified that the
$40,000 was to restore a cut that was made to this Department two years ago. Mr. McConnell
corrected him and stated the intention of this proposal was to fund the Assistant Finance Officer
position. Mr. Wilson explained that currently, the City has an Assistant Treasurer position which
will be renamed the Assistant Finance Officer; and then a new Finance Officer position will be
established. He went on to state that because the Council eliminated the Director of
Administrative Services position, he has taken on those duties; and with the departure of the
Treasurer Rich Hanna, a professional finance position has been missing, which will be restored
with the addition of a Finance Officer position. Mr. McConnell stated that he misunderstood this
intention during the study of this issue, and had believed the $40,000 was to upgrade the Assistant
Treasurer to a Finance Officer.
TAPES #1950 & #1951
City Counci~ Reg. Mtg. Minutes
May 26, 2004
Page 4 of 6
Mr. Gehrin.q asked for clarification regarding the organization charts shown on pages 35 and 36 in
the proposal. Mr. Wilson clarified that the "Organization Chart" shows the organization structure
by outlining the Department functions; and the other chart is a "Staffing Chart" lists the positions
that would be filled in the Department.
Mr. Ny.qren pointed out that he has requested the Fiscal & Budget Committee to review the
possibility of restoring Management and Professional Staff pay increases.
#0'150 MISlCIU (McConnell/Maupin) Move to approve the attached ordinance on first reading,
creating the new Department of Financial Services.
Voted in favor of Motion: Shepherd, Robinson, Maupin, Short, McConnell, Priest, Nygren
Voted opposed to Motion: Arends, Gehring
Motion passed: 7-Yes; 2-No
6E - RESOLUTION NO. 2926 ADOPTING NEW COUNCIL RULES AND PROCEDURER
(#AB04-097): City Attorney RoRer Lubovich stated that the City Council desires to update the
Rules and Procedures for the City Council. The proposed resolution repeals Resolution No. 2772
and adopts new Rules and Procedures for the City Councii to conduct orderly business. Mr.
Lubovich also pointed out the highlights of the changes, as well as several corrections that were
made to the Resolution.
There were no comments from the public.
Mr. McConnell supported the proposed changes, but asked for each of the weekly meetings to be
televised, even the limited-agenda meetings.
Mrs. Arends agreed that the Council should continue to televise all portions of the meetings,
particularly when voting takes place.
TAPE #195'1
Mr. Lubovich stated that an amendment would be made to provide that both the full-agenda and
limited-agenda meetings shall be televised untess otherwise provided by the Council,
Mr. Shepherd clarified that even though Tuesday night sessions are being moved to
Wednesdays, there is still an inexhaustible amount of work for Council Members to do, which will
not change, and it will just mean that meetings will be longer because more business will have to
be done in one night.
Mr. Lubovich added that the amendment regarding televising Council Meetings would also be
placed under Rule 5 of the Council Rules & Procedures.
Mr. Maupin reminded the public that with the exception of "Executive Meetings", all Council
meetings, whether held in the Council Chambers or Conference Room, are open to the public. Mr.
Ny.qren added that the Conference Room allows for a less formal and more productive
atmosphere.
Mr. Short stated that this was an issue of appearance, and that voting in public provides a public
service, and it is only possible to televise a meeting when held in the Chambers.
Mr. Robinson pointed out a language correction regarding items of business.
#0615 M/S/C/U (McConnell/Short) Move to approve Resolution No. 2926, as amended, on first
reading, repealing Resolution No. 2774, and adopting new Rules & Procedures for the City Council
to conduct orderly business,
TAPES #1950 & #1951
City Council Reg. Mtg. Minutes
May 26, 2004
Page 5 of 6
6F - CLOSED RECORD HEARING ON PROPOSED RESOLUTION NO. 29277 APPROVIN~
AND ADOPTING THE FINDINGS~ CONCLUSIONS~ AND RECOMMENDATIONS OF THF
ADMINISTRATIVE HEARING EXAMINER TO APPROVE THE PRELIMINARY PLANNED UNIT
DEVELOPMENT AND PLAT FOR CAMPBELL WAY TOWN HOMES (#AB04-098): Chris HU.ClO,
Director of Community Development, reiterated that the project included a preliminary Planned
Unit Development and plat (File No. BP03-00213) to subdivide .99 acres into 14 individual lots in
order to construct 14 townhouses at 1207 Campbell Way. The Hearing Examiner recommended
fifteen (15) conditions to be imposed for final plat approval.
RoRer Lubovich, City Attorney, emphasized that this was a Closed Record Hearing, so no new
testimony would be permitted; staff would present the recommendation of the Hearing Examiner;
and the public would be provided an opportunity to speak only if conditions for the project have not
been met.
Mr. Nyqren read the Appearance of Fairness doctrine...
Ms. Priest revealed that the developer for this project is a client of the firm she works for. M~r.
Shepherd mentioned he has had several conversations with citizens involved in this issue, but has
not discussed this situation specifically. Mr. Lubovich excused Ms. Priest, due to a conflict with
the "Appearance of Fairness" doctrine, but allowed Mr. Shepherd to remain for the hearing.
Ms. Priest recused herself from the meeting at 8:00 P.M.
Mr. Huqo provided testimony on the conditions required by the Administrative Hearing Examiner.
Mr. McConnell and Mr. Short referred to sections of the Resolution where they required
additional clarification; and also addressed liability issues.
Mr. Shepherd added additional comments, padiculady because this development would be
located in his District.
#1405 M/S/C/U (Shepherd/McConnell) Move to pass Resolution No. 2927 approving and adopting
the Findings, Conclusions, and Recommendation of the Administrative Hearing Examiner and
approve the preliminary Planned Unit Development and plat for CAMPBELL WAY TOWN HOMES
subject to the proposed conditions.
PUBLIC RECOGNITION - There were no comments from the public tonight.
Will Maupin left the meeting at approx. 7:50 P.M. and did not return.
COUNCIL MEMBER REPORTS
Carol Arends commented that she recently returned from an enjoyable 2-week vacation
Mike Shepherd thanked Jim Spencer for his presentation on the Parks & Recreation Department
at the last District 5 Neighborhood meeting May 20; and discussed a meeting he participated in
with fellow Council member Dianne Robinson and Dr. Mitchell of Olympic College regarding the
affect of the planned expansion by Olympic College.
Cecil McConnell indicated that because of the AWC Conference the week of June 15 through 18,
he and Brad Gehring will reschedule the District 1 & 2 Town Meeting that was to be held June 17.
Brad Gehrin,q was honored to be a part of the Armed Forces Day Parade held last week;
commented on the significant meaning for Memorial Day, and noted that he would be the guest
speaker at a monument dedication and flag raising event to honor armed forces, POW's, and
MIA's, this Saturday, May 29 at 1:00 P.M. at Destination Harley in Silverdale.
TAPES #1950 & #1951
City Council Reg. Mtg. Minutes
May 26, 2004
Page 6 of 6
Daren Ny,qren attended the NAACP Membership Breakfast with Council member Dianne
Robinson and the "Food for Music" fundraising event to fund the food bank.
With no further business, the meeting of the City Council was adjourned at 8:25 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
[~AREN NYGRENr, City ~),(cil President
City of Bremerton
DN/PJIIslcge