HomeMy WebLinkAbout01/27/04 COUNCL
TAPES #1935 & #1936
CITY COUNCIL MEETING MINUTES F'F'J~ ~[ ~
Tuesday, January 27, 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, Tuesday, January 27, 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 Bred
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 Pastor Roger Henni.qan of Apostolic Life Tabernacle.
President Nygren made the following announcements:
1. In lieu of the Fiscal & Budget and Operations Committee meeting, staff presentations were made
during the Pre-Council session in the Council Conference Room; along with a discussion on
updates to the agenda from 5:00 to 5:30 P.M.;
2. The Council meeting is being held tonight due to a majority of the Council members attending the
AWC Legislative Action Conference in Olympia on Wednesday; and
3. A 15-Minute Executive Session will be held immediately following the Council Meeting to discuss
"LITIGATION" per RCW 42.30.100 (1) (i).
CONSENT AGENDA
A. Minutes of Meeting - December 16, 2003 (#AB04-006)
B. Minutes of Meeting - December 23, 2003 (#AB04-007)
C. Minutes of Meeting - December 30, 2003 (#AB04-008)
#0020 MISICIU (McConnell/Maupin) Move to approve 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.
#0045 M/S/C/U (McConnell/Short) On January 27, 2004, the Council approved payment of Check
numbers P8014; 287558 through 287854; and EFT-8009 through EFT-8016 in the amount of
$1,690,802.71 on the Master Check Register; and Regular Payroll and Payouts for the pay period
ending December 31, 2003 in the amount of $1,265,000.43.
MAYOR'S REPORT - Mayor Bozeman... · Congratulated Police Chief Rob Forbes for receiving an award from the School Board for all of
his work on behalf of children in the school district;
· Changes will be made to increase security for the second floor of City Hall;
· Thanked the Council for their support to transfer of Building 50;
· Met with Columbia Hospitality to plan Grand Opening activities for the BREMERTON
HARBORSIDE CONFERENCE CENTER; and
· Discussed an invitation he received to make a presentation at the Seattle Roundtable.
6A - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BREMERTON AND PSNS
REGARDING TRANSFER OF OWNERSHIP OF BUILDING 50 (#AB04-009): Gary Sexton,
Economic Development Director, explained that the proposed memorandum agreement is in regard
to the transfer of ownership of Building 50. Entering into this agreement is necessary to satisfy the
TAPES #1935 & #1936
City Council Reg. Mtg. Minutes
January 27, 2004
Page 2 of 5
requirements of Section 106 of the National Historic Preservation Act of 1966 (as amended) and 35
CFR Part 800, and is necessary to mitigate the adverse effects on the Puget Sound Naval Shipyard
National Historic Landmark District and Building 50 that are anticipated to occur with the moving of
Building 50. The agreement requires as a condition of the transfer of ownership of the building to the
City that the City will maintain the building in accordance with recommended approaches in the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings.
There were no comments from the public.
Mr. McConnell asked who would be responsible for any damage that may occur while moving the
building. Mr, Sexton responded that Navy would be responsible.
Mr. Ny~lren asked if the City has a contract with an urban designer to include the Naval Museum in
the proposed park for downtown. Mr. Sexton answered that a designer has been involved so far for
the initial design phase of the maritime park and the museum would be located within the park.
After their concerns were addressed, several Council members added their comments in support of
this project, and thanked Gary Sexton for his efforts in making it happen.
#0608 M/S/C/U (McConnell/Maupin) Move to authorize the Mayor to finalize and execute the
proposed Memorandum of Agreement in substantially the same form as attached hereto.
6B - PURCHASE OF LIABILITY SURETY INSURANCE (#AB04-010): Pec~c~v Lesser, Risk
Manager, stated that Bremerton's liability and surety coverage expires on January 31, 2004 and City
Council approval is required for the purchase of replacement coverage. Bremerton's account has
been marketed to interested insurers and it is recommended that replacement liability coverage be
purchased from MUNICH AMERICAN RISK PARTNERS at an annual cost of $243,200 and replacement
surety coverage be purchased from GREAT AMERICAN INSURANCE COMPANY at an annual cost of
$4,473.
There were no comments from the public.
#0610 M/S/C/U (Arends/Short) Move to authorize the Risk Manager to purchase liability insurance
from MUNICH AMERICAN RISK PARTNERS and surety coverage from GREAT AMERICAN INSURANCE
COMPANY.
6C - INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND TRACYTON
WATER DISTRICT FOR TRANSFER OF THE DISTRICT WATER SYSTEM TO THE CITY (#AB04-
0tl): Gene Sampley, Director of Public Works & Utilities, summarized that in February 2000 and
April 2001, the City of Bremerton and the Tracyton Water District entered into interlocal agreements
for certain improvements and for the eventual transfer of assets and operations of the District to the
City. The City and District have negotiated the final provisions for the assumptions of rights, powers,
duties, obligations, and transfer of assets of the Tracyton Water District to the City of Bremerton. It is
recommended that the attached Interlocal Agreement be approved. The cooperative participation by
the Tracyton Water District was acknowledged.
There were no comments from the public.
#0805 MISICIU (Shepherd/Arends) Move that City Council approve Interlocal Agreement between the
City of Bremerton and Tracyton Water District for the Assumption of Rights, Powers, Duties,
Obligations, and Transfer of assets of the Water District, and authorizes the Mayor to finalize and
execute the same.
TAPES #1935 & #1936
City Council Reg. Mtg. Minutes
January 27, 2004
Page 3 of 5
7A - PUBLIC HEARING AND ORDINANCE [FIRST READING] AMENDING BMC 21.02.150
REGARDING UNLISTED USES AND BMC 2'1.02.070 DEFINITIONS (#AB04-012): Chris Hugo,
Director of Community Development, stated that current provisions of BMC 21.02.150 do not provide
adequate criteria for reviewing and considering applications for UNLISTED USES that are not listed in
Figures 120 and 140 of the zoning code, BMC Chapter 21.02, as allowable uses by zones in the City.
The proposed ordinance amends BMC Chapter 21.02.150 to provide criteria for review and
consideration of applications for unlisted uses, and makes minor technical correction to Section
21.02.070, DEFINITIONS, relating to LOT LINE, FRONT and LOT LINE, REAR.
Helen Miller referred to the section blot Line, Rear" on page 122 of the ordinance, and asked since
there is no rear lot line on waterfront property would the line adjoining the high water mark, as listed in
the Shoreline Master Program and SEPA, create a conflict between a front yard setback with a rear
lot line. Mr, Hugo explained that a zoning yard is for certain purposes like maintaining privacy or
development along a street, and a setback keeps development back from the water's edge. He
stated that the zoning regulations are not the same for land and water environments. He also
believed that it is possible to have a zoning rear yard that is also a shoreline front yard. Mr~
Lubovich clarified that this paragraph was not being changed with this action. He emphasized that
the language referring to special exceptions is being addressed, and if there were a conflict in the
code with respect to Ms. Miller's concerns, that part of the zoning code would need to be addressed
at a later time. President Nygren instructed Ms. Miller to provide her concerns in writing if she would
like to receive a response.
Mr. McConnell asked if there were a conflict, would the Shoreline Management Act take precedence.
Mr. Hugo answered that the City can not act in violation of the law, but that staff would investigate
this issue to make sure there is no conflict, and address it if necessary.
Mr, Gehring asked what the cost may be for appeal hearings to be heard by the Hearing Examiner.
Mr. Hugo responded that the filing fee for appeals would be $350.
Mr, McConnell asked if the hearing examiner found an appellant correct during an appeal, does the
appellant receive a refund. Mr, Hugo answered that the hearing examiner process does not allow for
a refund. He told Mr. McConnell that this issue could be addressed by amending the zoning code.
President Nyflren emphasized that Mr. McConnelrs concerns are not pertinent to the ordinance
being discussed and invited him to present proposal at a later time.
Ms, Priest noted that the appeal process was mentioned in the ordinance and was in fact
reformatted. Mr. Hugo explained that the changes made the process less complicated for applicants.
Mr. Lubovich added that if the applicant feels the Director of Community Development does not
follow criteria that the applicant may have an opportunity to seek relief through the hearing examiner.
#'1620 M/S/C/U (Shepherd/McConnell) Move to approve the proposed ordinance on first reading.
7B - PUBLIC HEARING AND ORDINANCE [FIRST READING] AMENDING BMC 2'1.02.'152
REGARDING THE DOWNTOWN DISTRICT (#AB04-013): Chris Hugo, Director of Community
Development, pointed out that when the current provisions of BMC Chapter 21.02.152 were adopted
a year ago, they unintentionally created nonconforming uses out of existing land-uses in the
Downtown Waterfront (DW) and Downtown Core (DC) zoning districts because of off-street parking
requirements. The proposed ordinance amends BMC Chapter 21.02.152 to exempt existing
structures from off-street and landscaping requirements.
TAPES #1935 & #1936
City Council Reg. Mtg. Minutes
January 27, 2004
Page 4 of 5
Pastor Henni~lan asked what area was designated "Downtown". Mr. Hullo explained the area
included 6t~ Street, south to the waterfront, and from Pacific Avenue, east to the waterfront, and also
included properties on the west frontage of Pacific Avenue.
Mr. Shepherd expressed his concerns over the cost of refurbishing buildings in the downtown area
and any impacts on parking availability any new construction may cause.
Mr, Maupin believed that this is a good solution at this point in time, but would like to see further
study on how to solve some of the parking problems.
Mr, Gehrin~l believed that the parking issue is something that the City needs to keep an eye on.
Ms, Priest supported this proposal because encouraging people to develop old buildings would
benefit the City, and agreed with comments made by other Council Members that the parking issue
needs to be addressed.
#2035 M/S/C/U (Arends/Maupin) Move to approve the proposed ordinance on first reading.
7C - PUBLIC HEARING AND RESOLUTION NO. 2918 AUTHORIZING AN INTERFUND LOAN TO
THE WASTEWATER UTILITY FUND FROM THE EQUIPMENT RENTAL RESERVE FUND (#AB04-
014): Michael Wilson, Finance Director, stated that the Wastewater Utility requires a short term loan
to provide cash flow needs for the calendar year 2004. The Wastewater Utility has a history of cash
deficiencies necessitating the Utility to secure interim funding in the form of an interfund loan in the
amount of not to exceed $1,500,000.00. This loan shall be secured from the City's Equipment Rental
Reserve Fund No. 510 and repaid from the Wastewater Utility Fund No. 451 on or before December
31, 2004, with interest at a rate of 2.5% per annum.
There were no comments from the public.
Council members discussed their concerns regarding aspects of this loan, and stated that although
they could support this action tonight, they looked forward to continuing this discussion in further
detail at a future time.
#3t35 M/SIC (Arends/Short) Move to approve Resolution No. 2918 authorizing the Director of
Finance to make an interfund loan from the Equipment Rental Reserve Fund No. 510 to the
Wastewater Utility Fund No. 451 in the amount not to exceed $1,500,000.00.
Voted in favor of Motion: Short, Gehring, McConnell, Priest, Robinson, Arends, Maupin, Nygren
Voted opposed to Motion: Shepherd
Motion carried: 8-Yes; 1-No
PUBLIC RECOGNITION
Bruce Waterbury of the YMCA reminded members of the public that a Teen Late Night Program is
held every Friday night from 8:30 to 11:00 P.M. at the YMCA, which includes basketball, dancing,
pizza, etc. He also extended the invitation to any Council member who would like to attend.
COUNCIL MEMBER REPORTS
Will Maupin reported that he attended the Bremerton Housing Authority Board of Commissioners
meeting yesterday and announced that the process of rebuilding Westpark is now under way.
Carol Arends reported that the Metropolis Art Gallery will be moving to the Charleston Business
District.
TAPES #1935 & #1936
City Council Reg. Mtg. Minutes
January 27, 2004
Page 5 of 5
Mike Shepherd thanked his new neighbors for their warm welcome during his recent move; and
discussed the issues he would be bringing to the legislatures at the AWC Legislative Action
Conference in Olympia tomorrow and Thursday.
Wendy Priest welcomed the Calvary Children's Center to downtown and announced if citizens would
like more information they may call Catherine, the Program Director, at 782-2925.
Cecil McConnell announced a District 1 & 2 Town meeting would be held on Thursday, February
19TM beginning at 6:30 P.M. at the Sheridan Parks Community Center, and invited citizens to provide
their ideas for a topic to the Council staff.
TAPE #t936
Brad Gehrin~l thanked Bruce Waterbury for announcing the activities at the YMCA; and discussed
the issues presented at the recent Economic Development Council's "Decision Makers Breakfast".
Daren N¥~lren announced that the next District 3 Neighborhood Meeting would be held on Thursday,
February 12TM from 7:00 - 8:30 P.M. at the Manette Senior Center. Representatives from the School
Board will discuss proposed changes in Bremerton schools and take comments from citizens.
Council recessed to the Council Conference Room for an Executive Session to discuss "LITIGATION"
per RCW 42.30,100 (1) (i). Council reconvened back in the Council Chambers at 7:15 P.M.
#0070 M/S/C/U (Maupin/Arends) Move to approve the settlement in HiNOJOSA VS. CITY OF
BREMERTON as presented.
With no further business, the meeting of the City Council was adjourned at 7:30 P.M.
Prepared and Submitted by:
CHRISTINE GRE~NIER ELLINGSON ~
Council Assistant
(P'A[J-!_.~'JO-H/~f(~ '[n'ter'im City Clerk
City of Bremerton
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