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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 DN/PJ/Is/cge