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Home My WebLink About04/14/04 CITY COUNCIL MEETING MINUTES ~A¥ 1 2 Wednesday, April 14, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the Cry Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 14, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, and Brad Gehring. Council Members Cecil McConnell and Will Maupin were absent. 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 Mike Shepherd, followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church. President Ny.qren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; and 2. The Council would convene in the Council Conference Room at the conclusion of regular business for a 30-minute Executive Session to discuss "Potential Litigation" per R.C.W. Chapter 42.30.110(1)0), and to "Evaluate an Application for Employment" per R.C.W. Chapter 42.30.110(1 )(g). CONSENT AGENDA A. Minutes of Meeting - March 17, 2004 (#AB04-054) B. Minutes of Meeting - March 24, 2004 (#AB04-055) #0043 M/S/C/U (Arends/Priest) Move to approve the 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. #0065 M/S/C/U (Short/Arends) On April 14, 2004, the Council approved payment of Check numbers P8122 and P8133; 289420 through 289735; and EFT~8120 through EFT-8134C in the amount of $1,339,301.37 on the Master Check Register. MAYOR'S REPORT - Mayor Bozeman... · Read a Proclamation to proclaim the week of April 12 though 16, 2004 as "Sexual Assault Awareness Week", which was accepted by Jody Stewart, advocate and Prevention Coordinator for the Sexual Assault Center. · Invited Larry Eyer, Executive Director for Kitsap Community Resources to describe several of the programs available to residents of Bremerton; and Verna Rae to provide further detail of the "PARENTING PLACE" program, who also encouraged citizens to wear blue ribbons to bring awareness of child abuse and neglect. · Introduced Cris Larson, Armed Forces Festival Chairman, who highlighted the events planned for the 56th Annual Armed Forces Festival to be held the weekend of May 14-18. 6A - APPLICATION FROM SEATTLE OUTBOARD ASSOCIATION FOR A HYDROPLANE ~' RUNABOUT RACE ON KITSAP LAKE MAY 15 & 167 2004 (#AB04-056): Jodi Wroblewski of the Parks & Recreation Department, explained that the SEA~-]'LE OUTBOARD ASSOCIATION (SOA) has once again applied (Exhibit 1) to the City of Bremerton for permission to host a hydroplane/runabout race on Kitsap Lake. The organizers have satisfactorily complied with all of the 2004 requirements set forth by the Police, Fire, Risk Manager, and Parks & Recreation Departments. The Kitsap Lake neighborhood will be apprised of the event via flyers. The 2003 event was deemed a success, and according to all Departments, there were no significant incidents associated with their 2003 event. TAPE #1945 City Council Reg. Mtg. Minutes April 14, 2004 Page 2 of 5 Cris Larson provided comments in support of this event, and mentioned it was also a sanctioned event of this year's Armed Forces Festival. Jack Lefcoski also expressed his support for this event, and invited members of the SEA'~I-LE OUTBOARD ASSOCIATION to speak at the next Kitsap Lake Neighborhood Association meeting at Camp McKean on April 26 at 6:30 P.M. Mike Short commented that he had the opportunity to speak with many of the residents of Kitsap Lake, and found that they whole heartily support this event, and noted that any minor complaints were addressed. He introduced John Erickson, President of the SEATTLE OUTBOARD ASSOCIATION, who provided additional comments on the event. #0715 MIS/CIU (ShortJArends) Move to approve the SEATTLE OUTBOARD ASSOCIATION'S application to hold a hydroplane/runabout race on Kitsap Lake on May 15 & 16, 2004. 6B - PURCHASE REQUISITION WITH SPRING CITY ELECTRICAL MANUFACTURIN(~ COMPANY~ INC. FOR THE PROCUREMENT OF STREET LIGHTS FOR THE SR-304 TRANSPORTATION IMPROVEMENT PROJECT~ DOWNTOWN PHASE; AND SECOND STREET IMPROVEMENTS (#AB04-057): Lynn Price, Project Manager, indicated that the City would like to purchase twenty-seven ornamental streetlights for the "SR-304 Transportation Improvement Project (TIP), Downtown Phase; and Second Street Improvements~ from SPRING CiTY ELECTRICAL MANUFACTURING COMPANY, INC. The streetlJghts are of the style and standard adopted by the City Council in Resolution No. 2920. There were no comments from the public. Mr. Gehrinf:! commented that the streetlights would be an attractive addition to the City; and Mr. Shepherd agreed that they were attractive, but maintained that they were too expensive. #0945 M/S/C (Arends/Robinson) Move to approve purchase requisition with SPRING CITY ELECTRICAL MANUFACTURING COMPANY, INC. in the amount of $133,398.00 for the purchase of streetlights for the SR-304 Transportation Improvement Project, Downtown Phase, and Second Street improvements. Voted in favor of Motion: Robinson, Arends, Short, Gehring, Priest, Nygren Voted opposed to Motion: Shepherd Motion carried: 6-Yes; 1-No 6C - CONTRACT AWARD TO CA CAREY CORPORATION FOR THE SR-304 TRANSPORTATION IMPROVEMENT PROJECT, DOWNTOWN PHASE-STAGE IE (#AB04-058): Lynn Price, Project Manager, stated that sealed bids for construction of the project titled "SR-304 Transportation Improvement Project (TIP), Downtown Phase- Stage 1E" were opened on March 31, 2004, and four bids had been received for this project. CA CAREY CORPORATION was the lowest responsive, responsible bidder with a bid of $1,348,817.00 including sales tax. The engineer's estimate for the project is $1,286,237. There were no comments from the public. #0965 M/S/C/U (Shepherd/Short) Move to award a contract in the amount of $1,348,817.00 with CA CAREY CORPORATION for construction of the project titled "SR-304 Transportation improvement Project (TIP), Downtown Phase - Stage 1E"; and authorize the Mayor to finalize and execute the necessary contract documents for construction. TAPE #1945 City Council Reg. Mtg. Minutes April 14, 2004 Page 3 of 5 6D - CHANGE ORDER NO. 3 TO STAN PALMER CONSTRUCTION CONTRACT FOR SEWAGF PUMP STATION EB-2 MODIFICATIONS (#AB04-059): Michael Mecham, City Engineer, summarized that the City contracted with STAN PALMER CONSTRUCTION in January 2003 to construct a capacity upgrade to Pump Station EB-2 and various sewer system modifications for combined sewer overflow reduction in the Trenton Avenue Basin. Change Order No. 3 to this contract upgrades an associated pump station, improves flow measurement, and addresses various issues identified during construction. There were no comments from the public. #1010 M/S/C/U (Shepherd/Priest) Move to approve Change Order No. 3 to the existing contract with STAN PALMER CONSTRUCTION, and authorize the Mayor to finalize and execute the Change Order. 6E - APPROVAL TO HIRE ASSISTANT CITY ATTORNEY AT INITIAL SALARY RATE OF PAY BAND 17, RATE 3 (#AB04-060): RoRer Lubovich, City Attorney, pointed out that Chapters 2.50, Section 2.50.032(a) of the Bremerton Municipal Code requires Council approval for an initial salary rate which exceeds Rate 1. Council approval is requested to hire Brett Vinson as Assistant City Attorney at Pay Rate 3 of Band 17. Mr. Vinson began his career at the City of Kent in 1999 as a prosecutor. Shortly thereafter, he transferred to the Civil Division where he has been practicing law in the areas of Public Works, Employment, and Code Enforcement. There were no comments from the public. #1080 M/S/C/U (Arends/Short) Move to approve the hiring of Brett Vinson as Assistant City Attorney at Pay Rate 3 of Band 17. 7A - ORDINANCE ]FIRST READING] AMENDING SECTION 6.32.010 OF THE BREMERTON MUNICIPAL CODE RELATING TO NOISE CONTROL DISTRICTS TO INCLUDE THE DW AND DC ZONES (#AB04-061): RoRer Lubovich, City Attorney, said that the current provisions of Section 6.32.010 of the Bremerton Municipal Code relating to noise control districts do not address the DW and DC zones, therefore, the proposed ordinance updates Section 6.32.010 to include the DW (Downtown Waterfront) and DC (Downtown Core) zones Allen Shute questioned if a sign would be posted at the entrance to the City indicating there was a noise ordinance in effect, and questioned how the ordinance would be regulated. President NyRren stated that the proposed ordinance amendment was to update the zoning of noise control districts, and if Mr. Shute had questions on other aspects of the noise ordinance, he would need to present those questions in writing. Mr. Shute requested the ordinance to be read in its entirety. #1320 M/S/C/U (PriestJArends) Move to approve the proposed ordinance on first reading. 7B - ORDINANCE [FIRST READING] AMENDING SECTIONS 11.08.t00 AND 11.08.130 OF THF BREMERTON MUNICIPAL CODE RELATING TO PERMIT AND INSURANCE REQUIREMENT,~ FOR SIDEWALK CONSTRUCTION~ RECONSTRUCTION~ AND REPAIR (#AB04-062): RoRer Lubovich, City Attorney, reiterated that the current provisions of Sections 11.08.100 and 11.08.130 relating to permit and insurance requirements for sidewalk construction, reconstruction, and repair may result in conflicts with other sections of the Bremerton Municipal Code. The proposed ordinance updates these sections in order to have a comprehensive, consistent permitting process for sidewalk and right-of-way permitting. Interim City Clerk Paula Johnston read the ordinance in its entirety. Mr. Shute. questioned if ordinances required three readings. Mr. Lubovich replied no, only two. Mr. Shepherd asked if there would be a cost to homeowners. Mr. Lubovich replied no. #1495 M/S/C/U (Short/Arends) Move to approve the proposed ordinance on first reading. TAPE #1945 City Council Reg. Mtg. Minutes April 14, 2004 Page 4 of 5 7C - ORDINANCE [FIRST READING] REPEALING AND REPLACING CHAPTER 2.78 OF THF BREMERTON MUNICIPAL CODE RELATING TO REAL PROPERTY TRANSACTIONS [#AB04- 063): RoRer Lubovich, City Attorney, mentioned that the current provisions of Chapter 2.78 of the Bremerton Municipal Code relating to real property transactions are burdensome and result in inefficient administration and processing of real estate transactions. The proposed ordinance simplifies the process for real property transactions by requiring all sales and purchases of real property by the City to be subject to City Council approval upon terms and conditions as approved by the City Council, and further, by providing other provisions related to real property transactions. Interim City Clerk Paula Johnston read the ordinance in its entirety. There were no comments from the public. #1850 M/S/C (Short/Priest) Move to approve the proposed ordinance on first reading. Voted in favor of Motion: Robinson, Arends, Short, Priest, Shepherd, and Nygren Abstained: Gehring Motion carried: 6-Yes; 1-Abstention 7D - RESOLUTION NO. 2923~ DECLARING PUBLIC UTILITY PROPERTY SURPLUS; AND LEASE OF THE PROPERTY TO DANIEL & dIANE Robinson~ OWNERS OF ELANDAN GARDEN-~ (#AB04-064): Michael Wilson., Finance Director, explained that the City has received an offer from Dan and diane Robinson, owners of ELANDAN GARDENS, to continue to lease the utility property. The property is not currently used for public utility service nor will it be required for providing utility service in the future. The City and greater community would be better served by the lease of the property. The lease has been increased from a 10-year term to a term of 15 years. John Lyle expressed his opinion that the Robinson's have created a "world class living museum", and encouraged the City to support their efforts. #2150 M/S/C/U (Arends/Robinson) Move to pass Resolution No. 2923, declaring the public utility property surplus, approving a negotiated lease of the property pursuant to BMC 2.78.010 to Daniel and diane Robinson, and authorizing the Mayor to execute any and all documents necessary to close the transaction. PUBLIC RECOGNITION Allen Shute asked for a copy of the contract between the City of Bremerton and Diamond Parking; and for a copy of the Job Description for Diamond Parking Manager Bob Duprie. John Lyle expressed his concern with a manufactured home recently set-up on expensive waterfront property, which he believed was inconsistent with the surrounding neighborhood, therefore requested the City make it a priority to examine the zoning codes. He added that he saw no need for the ordinance and resolutions to be read into the record when copies are readily available. President NyRren agreed, but stated it is a request made available to anyone who asks per the Bremerton City Charter. Regarding the issue of manufactured homes, he explained that this issue would be addressed when Council reviews zoning changes as part of the Comprehensive Plan updates. H. Emily Moshay was pleased to announce that Dianne Robinson would be honored at the 2004 YWCA Woman of Achievement Luncheon on Tuesday, April 27, 2004 at 11:30 A.M. at the Kitsap Golf & Country Club. COUNCIL MEMBER REPORTS Mike Short provided a briefing on the issues discussed at a meeting of the Peninsula Regional TAPE #1945 City Council Reg. Mtg. Minutes April 14, 2004 Page 5 of 5 Transportation Planning Organization; and announced the Kitsap Lake Neighborhood Association would hold a meeting at Camp McKean on April 26 to review their bylaws and to elect officers. Carol Arenda announced that the homeless men's shelter issue would be addressed at the next Public Hearing by the Hearing Examiner next Tuesday, and further details were available by calling the Council office (473-5280), or the Mayor's office (473-5266). Dianne Robinson invited residents of District 6 to a community meeting on Monday, April 26 at 6:30 at the Bremerton High School to discuss plans to enter a float in the Armed Forces Parade. Mike Shepherd congratulated the family of H.O. Whitey Domstad regarding the dedication of the Viewscape Park named in his honor at the end of the Manette Bridge; discussed several issues addressed at a recent Ferry Advisory Committee meeting; and indicated that he and Dianne Robinson would be meeting with Dr. Mitchell to discuss how the proposed changes to the long-term plans of Olympic College will affect area residents of District 5 and 6. Wendy Priest provided a reminder that the Evergreen Neighborhood Association would be having a Clean-Up event for all neighborhoods surrounding Evergreen Rotary Park. Brad Gehrinq added that on Sunday, April 25, Kitsap County was providing a l-day countywide furniture amnesty day at the Olympic View Transfer Station; and the City of Bremerton was providing an opportunity for city residents to dispose of yard waste from April 26 to May 1 at the Oyster Bay Public Works Facility. He also discussed upcoming Armed Forces Day activities, and welcomed home his friend Robert who just returned after serving about a year in Iraq with the Striker Brigade. Daren Ny.qren noted that the City's website at www.ci.bremerton.wa.us provided a list of road closures taking place next week; thanked the family of H.O. Whitey Domstad and all the citizens who attended the dedication ceremony for the park; and provided a reminder that the Sinclair Inlet Clean- Up Event would be held this Saturday, April 17. With no further business on the regular agenda, the Council convened in the Council Conference Room for a 35-minute Executive Session to discuss "Potential Litigation" per R.C.W. Chapter 42.30.110(1)(i), and to "Evaluate an Application for Employment" per R.C.W. Chapter 42.30.110(1)(g). No action was taken on these items. At the conclusion of Council business, the meeting was adjourned at 7:45 P.M. Prepare~l and Submitted b,y: LO~ISMITH ~ Legislative Assistant .~AULA JOH'~(~',~r~t~r]~m (~ity Clerk DAREN NYGREN, City ~hur~ President City of Bremerton DNIP JIIslcge