HomeMy WebLinkAbout03/03/2010 DIGITAL RECORDING AMM
CITY COUNCIL MEETING MINUTES MAR 17 2010
Wednesday, March 3, 2010
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March
3, 2010, at 5:00 PM in Council Conference Room 603 of the NORM DICKs GOVERNMENT CENTER, 345 6'
Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council Members
present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus,
Cecil McConnell and Jim McDonald. Also present were City Attorney Roger Lubovich; City Clerk Carol
Etgen; and Legislative Assistant Lori Smith.
A COUNCIL BRIEFING was then held to discuss General Council Business at 5:00 PM in the Council
Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers.
The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation
provided by Reverend Elizabeth Stevens of Kitsap Unitarian Universalist Church.
MAYOR'S REPORT Mayor Patty Lent...
• Read from an article titled "The Top 10 Housing Markets for the Next 10- Years" in a recent issue
of "US News & World Report" that included the areas of Bremerton and Silverdale where
according to Moody's Economy.com the home prices are expected to increase by an average of
5.2% annually;
• Was pleased to be a guest speaker last Tuesday at the 2nd Annual "Hope Builders Breakfast"
sponsored by the Kitsap Habitat for Humanity;
• Participated with the Department Heads in a 2 -day Retreat facilitated by Jim Pearman, Council
Member and Mayor with the City of Mercer Island;
• On Friday attended the Prosperity Partnership Luncheon at the Washington State Convention
Center in Seattle which featured a keynote address from Alan Mulally, President and CEO of
Ford Motor Company, as well as an address from U.S. Congressman Jay Inslee;
• Yesterday hosted the "Kids at Hope" (instead of "kids at risk ") program with several school
superintendents, and representatives from the Health District and Boys & Girls Club; and hopes
to work with the Council to develop some ways to support (other than monetary) the program;
4 Last evening attended the Kitsap Chapter of Washington C.A.S.H. (Community Alliance for Self
Help) Program's graduation ceremony; and '
• Attended the 11 Annual "Salad Bowl Sunday" event as one of the community speakers
PUBLIC RECOGNITION & ANNOUNCEMENTS
The following citizens provided comments in support of legalizing the ownership of chickens in the City of
Bremerton: Brian Watson with daughter Katherine Jean Schanen Kevin Koski Meredith Tummeti
Ying Fowler Karen Danis Glenn Huff and Tamara Smith
CONSENT AGENDA
A. Check Numbers 336378 through 336582; and EFT -9605 through EFT -9644 in the amount of
$1,044,716.95; Regular Payroll for the pay period ending February 15, 2010 in the amount of
$761,816.73; Regular Payroll for the pay period ending February 28, 2010 in the amount of
$701,262.75; and Retiree Payroll for the pay period ending February 28, 2010 in the amount of
$83,349.16.
B. Minutes of Meeting — February 17, 2010
C. Minutes of Study Session — February 24, 2010
D. Professional Services Contract with Law Firm of ROVANG /FOND AND ASSOCIATES for Public Defense
Services for Indigent Persons
E. Resolution No. 3111, to establish April 7, 2010 as a Hearing Date to vacate an alley between 1 s► and
2 " Streets, east of Pacific Avenue
There were no questions or comments from the public...
City Council Reg. Mtg. Minutes
Wednesday, March 3, 2010
Page 2 of 5
06:02:15 M /S /C /U (Arends /Brockus) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A — BLOCK GRANT PROGRAMS CONSOLIDATED PLANNING PROCESS Marie Vila Community
Development Block Grant Program Administrator, provided a PowerPoint@ presentation on the "2011-
2015 Consolidated Plan" that was prepared jointly with Kitsap County and City of Bremerton Block Grant
Programs, and noted this plan is prepared every five years. The plan sets priorities for allocation of the
funding the City and County receive annually from HUD; and therefore encouraged the Council and the
public to participate in the process. (Information Only, No Council Action was required...)
6B — ORDINANCE NO. 5103, TO AMEND TITLE 15 OF THE BREMERTON MUNICIPAL CODE (BMC)
RELATING TO UTILITY GRINDER PUMPS AND ADMINISTRATIVE APPEALS Michael Mecham City
Engineer, summarized that the Department of Public Works & Utilities has developed standards for the
installation of individual grinder pumps for wastewater service. According to WAC 173.240.104, all
individual grinder pumps must be owned and managed by the wastewater utility. This ordinance
amends Title 15 of the Bremerton Municipal Code (BMC) relating to the use of grinder pumps including
setting an initial monthly fee of $10 for the additional operation and maintenance and future replacement
of the pumps. Further, this ordinance amends provisions relating to administrative appeals.
City Attorney Roger Lubovich identified a scrivener's error where the listing of a $10 rate for the grinder
pump was incorrectly indented under the wrong sub - category of another topic, but stated for the record
that the final version of the ordinance has been corrected.
There were no questions or comments from the public...
06:19:20 Main Motion was made and seconded followed by discussion by Council Members...
06:22:35 A- MIS /C /U (Runyon /Brockus) Move to amend ordinance No. 5103 to create four (4) different
individual grinder pump rates:
Appendix A, ASSESSMENTS, RATES, FEES, AND CHARGES (page 7 of Rate Table)
Inside Outside
Cily Limits Cily Limits
Individual Residential Grinder Pumps $10.00 $12.50
Low- income Disabled or Low Income Senior
Individual Residential Grinder Pumps $ 7.50 $10.00
After additional discussion was held, the vote was taken on the Main Motion...
06:43:07 M /S /C /U (McConnell /McDonald) Move to approve Ordinance No. 5103 amending Title 15 of
the Bremerton Municipal Code (BMC) relating to utility grinder pumps and administrative appeals.
7A — CLOSED RECORD PUBLIC HEARING REGARDING ORDINANCE NO. 5104 TO APPROVE A
REZONE OF 6.5 ACRES (TEN PARCELS) LOCATED NORTH OF KITSAP WAY IN THE VICINITY OF
RED APPLE MARKET Lindsey Sehmel Planner, stated that to be consistent with the 2009
Comprehensive Plan Amendments, the action before the City Council is to grant approval of a rezone of
a total of 6.5 acres of land located north of Kitsap Way in the vicinity of Red Apple Market, from
Neighborhood Business (NB) to Limited Commercial (LC).
Since this is a closed record hearing, no public comments were taken.
City Attorney Roger Lubovich stated that per RCW 36.70C.130 LUPA Standards for Granting Relief,
the Council shall approve and adopt the hearing examiner's recommendation unless it finds that one of
the following conditions exists on the record:
City Council Reg. Mtg. Minutes
Wednesday, March 3, 2010
Page 3 of 5
1. The hearing examiner engaged in unlawful procedure or failed to follow a prescribed process,
unless the error was harmless,
2. Recommendation is outside the authority of the hearing examiner,
3. Recommendation is based on erroneous interpretation of law,
4. Recommendation is not supported by substantial evidence, or
5. Recommendation is based on clearly erroneous application of law to facts.
The Council shall take any of the following actions:
1) Approve and adopt the hearing examiner's findings and recommendation.
2) Modify and approve the findings and recommendation based upon Council findings.
3) Reject and deny the hearing examiner's findings and recommendation on the proposal as
originally submitted based upon Council findings.
4) Continue the closed record hearing and remand to the hearing examiner for clarification on
issues of record
a. No public testimony on remand.
b. Requires consent of applicant if remand causes decision to be made beyond the 120 day
review period.
President Wofford inquired that all Council Members should now give consideration as to whether they
have 1) a demonstrated bias or prejudice for or against any party to the proceedings; 2) a direct or
indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue prior to
hearing the facts of record; or 4) ex parte contact with any individual, excluding administrative staff, with
regard to the issue prior to the hearing. He then asked if any Council Member wished to excuse
themselves from voting on this matter. All Council Members remained seated.
President Wofford then asked if any member of the public believes any Council Member should excuse
themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern. There
were not comments; therefore all Council Members continued to remain seated.
There was no discussion by the Council...
06:49:30 M /S /C /U (McDonald /Runyon) Move to pass Ordinance No. 5014 approving a rezone of a total
of 6.5 acres located north of Kitsap Way in the vicinity of the Red Apple Market.
7B — PUBLIC HEARING REGARDING ORDINANCE NO. 5105 TO AMEND FIGURE 3.78(A) OF THE
BREMERTON MUNICIPAL CODE (BMC) TO INCLUDE THE ENTIRE DOWNTOWN REGIONAL
CENTER SUB -AREA BOUNDARY INTO THE MULTI- FAMILY TAX EXEMPTION RESIDENTIAL
TARGET AREA Lindsey Sehmel Planner, pointed out that in 2007 the City Council adopted the Multi -
Family Tax Exemption for the Downtown Regional Center, and this adoption excluded the waterfront
properties for the tax exemption area. Due to a shift in economic conditions and the lack of current
development, staff recommends the Multi - Family Tax Exemption Residential Target Area should be
expanded to include all of the Downtown Regional Center, providing all parcels within the Downtown
Regional Center an equal opportunity to utilize this incentive.
With no questions or comments, the hearing was closed to the public...
06:53:15 The Main Motion was made and seconded...
07:10:50 An Amendment to include a 3 -year sunset clause was made and seconded... Council
Members then discussed at length whether or not there should be a sunset clause, and if so, for how
long...
07:24:35 Prior to the vote on the Amendment, a Friendly Amendment was suggested by Maupin for a 6-
year sunset clause instead of 3 -years to allow more time for the developer. The Friendly Amendment
was accepted...
City Council Reg. Mtg. Minutes
Wednesday, March 3, 2010
Page 4 of 5
07:35:55 A -M /S /F (Brockus /McConnell) Move to amend Ordinance No. 5105 to add a 6 -year sunset
clause (to May, 31, 2016) for only the section included on Figure 3.78(a), Exhibit B.
Voted in favor of Amendment: McConnell, Brockus
Voted opposed to Amendment: Wheeler, Robinson, Arends, Maupin, McDonald, Runyon, Wofford
Motion for the Amendment failed: 2 -Yes; and 7 -No
07:37:15 M /S /C (Runyon /McDonald) Move to approve Ordinance No. 5105 amending Figure 3.78(a) of
the Bremerton Municipal Code (BMC) to include the entire Downtown Regional Center Sub -Area
Boundary into the Multi - Family Tax Exemption Residential Target Area.
Voted in favor of Motion: Arends, Maupin, McDonald, Runyon, Wheeler, Wofford
Voted opposed to Motion: Robinson, McConnell, Brockus
Motion carried: 6 -Yes; and 3 -No
COUNCIL MEMBER REPORTS
Jim McDonald announced that he would be hosting a District 1 Community Meeting on Thursday, March 4
from 5:30 to 7:00 PM in the Conference Room of the Sheridan Park Community Center located at the corner
of Clare Avenue & Lebo Blvd. to discuss the Lions Park Redevelopment and its closure during
reconstruction
Adam Brockus reminded his constituents that he will not have a District 3 Community Meeting in the
month of March; and commented that he would miss Phil Williams as the City's Public Works Director.
Roy Runyon mentioned that the Annual Saint Patrick's Day Parade will be on Saturday, May 13 at
11:00 AM with the route beginning at the corner of a Street & Park Avenue and ending at the Kitsap
Conference Center; and invited anyone interested in applying for a job with the 2010 Census to call
(866) 861 -2010 or visit www.2010censusiobs.gov
Gren Wheeler stated that he has attended several neighborhood and district meetings, as well as the
KRCC Executive Board Meeting this past week; and invited the public to learn more about the 2010
Census and how it will benefit the community at his first District 5 Neighborhood Meeting to be held on
Tuesday, March 16 from 6:30 to 8:30 PM also in the Conference Room of the Sheridan Park Center.
Dianne Robinson briefed the Council on the issues discussed at several of the meetings she has
attended in the past two weeks including the Kitsap Transit Board, the Kitsap Transit Personnel Sub -
Committee; and the KECC Executive Board Meeting; she also attended the Captains Block Watch
Program where she received a copy of the new Neighborhood Watch brochure. Lastly, she announced
the Emmanuel Apostolic Church was pleased to present Christian speaker Bishop T.D. Jakes at an
event free to the public on Friday, March 12 at 7:00 PM at the Champions Centre located in Tacoma.
Carol Arends thanked Phil Williams for his service to the City for the last 6 years; and reported on her
attendance at the CenCom Executive Committee Meeting where they discussed the CenCom budget.
Will Maupin reported on his attendance at a meeting with the Marine Transportation Association of
Kitsap (MTAK) where he heard a detailed presentation on a new passenger -only ferry that will be
launched in less than three weeks on March 22 "d ; discussed a great opportunity he had along with Phil
Williams to go along with members of the Suquamish Tribe on one of their recent trips to transfer fish,
which they both found very interesting and fun; and ended his comments by saying that he is really
going to miss Phil Williams.
Nick Wofford was interviewed by Charleen Burnette of "Inside Bremerton" for a segment on the
Council's Committees that will air on BKAT over the next few weeks; and encouraged everyone to fill out
their Census form to be counted!
City Council Reg. Mtg. Minutes
Wednesday, March 3, 2010
Page 5 of 5
With no further business, President Wofford adjourned the Council Meeting at 7:53 PM.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
AAI
ku
CAROL ETGEN, Ofity Clerk
NIC OFFORD t Counci resident
:CE :Is:cg