HomeMy WebLinkAbout02/02/2011 DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, February 2, 2011
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
February 2, 2011, at 5 00 PM in, Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Will Maupin presiding Council
Members present were Nick Wofford, 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 Council Assistant Christine Grenier
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 Pastor Eric Roberts of New Life Assembly
MAYOR'S REPORT — Mayor Lent
• Invited Parks & Recreation, Director Wyn Birkenthal to introduce Dennis Treger from the
Bremerton Rotary, who presented a $25,000 check to be used towards improvements at Matan
Park in the Anderson Cove area Including a picnic shelter, landscaping, streetscape, and
utilities,
• Presented an Employee Recognition Award to Leighann Denton Legal Department,
Attorney Roger Lubovich commented on her positive attitude and the ability to take on
numerous duties in a short timeframe,
• Also presented Employee Recognition Awards to Public Works General Facilities Employees
Chris Mottner Mike Bishop Mark Khriefelter Shaun Tassano and Matt Donleycott for
their outstanding work and positive attitude in relocating the Municipal Court, beautifying
grounds of City buildings, clearing parking lots during snow events, and finishing many
undesirable tasks, Theresa Ewing Court Manager, also expressed gratitude to the employees
on behalf of Municipal Court division
• Proclaimed the Month of February 2011 as " Kiwanis Children's Cancer Cure Month" and
the proclamation was accepted by Kiwanis members Roy Meyers Edna Meyers James
Bennett and Tom Saunders Mr. Meyers also presented a comfort blanket on behalf of
Kiwanis to Mayor Lent and 'explained that similar blankets will be provided to young patients,
• Read a proclamation to proclaim the Month of February 2011 as "Black History Month ",
which was received by Joan Ferebee Bremerton NAACP President Council Member Dianne
Robinson thanked Ms Ferebee for her service to the community and presented her with a City
of Bremerton pin Ms. Ferebee then announced various Black History Month events to be held
at Olympic College including the NAACP Freedom Fund Banquet that will be held on May 14 at
Olympic Lodge, and
• Encouraged the community to attend the First Friday Artwalk and the annual Collective Visions
Gallery (CVG) Show and mentioned that she will be presenting awards on Saturday to the
winners of the CVG Show
PUBLIC RECOGNITION
John Larson Parks & Recreation Commission, thanked the Rotary for their donation towards
improvements at Matan Park
CONSENT AGENDA
A Check Numbers 341391 through 341642, and EFT -10565 through EFT -10615 in the amount of
$1,980,569 97, and Retiree Payroll for the pay period ending January 31, 2010 in the amount of
$82,11549
B Minutes of Meeting —January 19, 2011
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Wednesday, February 2, 2011
Page 2 of 5
C Minutes of Study Session — January 26, 2011
D Reappointment of Joanie Pearson to the Arts Commission
E Appointment of Kelli Warren to the Planning Commission
F Appointment of Charlotte Belmore as Civil Service Officer
G Renewal of 2011 Excess Liability, Excess Workers' Compensation, and Crime Insurance
H Approve 2011 Kitsap Physician Services (KPS) Premium Rates and Underwriting Criteria
I Ordinance No 5136 to repeal in its entirety Chapter 18 08 of the Bremerton Municipal Code (BMC)
entitled "Outdoor Fires"
J Ordinance No 5137 to amend Title 18 02 090 of the Bremerton Municipal Code (BMC) entitled
"Amendments to the International Fire Code
K Professional Services Agreement with SvR DESIGN COMPANY for the Drainage and Sustainability
Design of the Pacific Avenue Improvements from 6 th Street to 11 Street
L Professional Services Agreement with PARAMETRIx for the Street Design of the Pacific Avenue
Improvements from 6 th Street to 11 Street
M Professional Services Agreement with TETRA TECH INCA for the Bremerton Highway Safety
Improvement Program
N Ordinance No 5138 to amend Section 10 04 010 of the Bremerton Municipal Code (BMC) entitled
"[Washington] Model Traffic Ordinance (MTO) — Adoption by Reference ", and to amend Chapter
10 11 of the BMC entitled "Parking Enforcement"
O Scheduled Replacement Purchase of two (2) 2011 Ford Crown Victoria Police Interceptors
P Professional Services Agreement with ExELTECH CONSULTING, INC for Park Avenue Plaza Phase II
Construction
Q Professional Services Agreement with TERRACON CONSULTANTS, INC for Park Avenue Plaza Phase
I and II Construction
R Ordinance No 5139 to amend Section 3 48 030 of the Bremerton Municipal Code (BMC) entitled
"Business & Occupation Taxes, Definitions" relating to "Engaging In Business" (Bremerton Court
Interpreters)
S Correction to Minutes of Special Session & Study Session — August 11, 2010
Mr. Maupin welcomed Kelli Warren to the Planning Commission and thanked her for offering to serve
the City
There were no comments from the public
05:54 57 M /S /C (Arends /McDonald) Move to approve the CONSENT AGENDA as presented
Voted in favor of Motion McDonald, Brockus, Runyon, Wheeler, Robinson, Arends, Maupin
Abstained McConnell, Wofford
Motion carried 7 -Yes, 2- Abstentions
PUBLIC HEARING
6A — 2" Of 2 PUBLIC HEARINGS ON LEASE WITH KITSAP COMMUNITY RESOURCES FOR
SMITH PARK CHILDREN'S NATURE PLAY AREA AND SMITH SCHOOL PARKING LEASE
Wyn Birkenthal Parks & Recreation Director, explained that Kitsap Community Resources (KCR)
operates Head Start and other child development programs at the former Smith School building This
agreement allows KCR to Improve, maintain, and operate the 1 1 acre adjacent to city park property for
a children's nature play area The Improved park and play area will be open to and for the public use
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Wednesday, February 2, 2011
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with the exception of hours when KCR has a scheduled children's program in the facility The Parks
Board reviewed the plans for the proposed play area at an advertised public meeting and voted
unanimously to recommend the KCR agreement to Council The proposed lease incorporates and
replaces the Smith School Parking Lease previously approved by Council on November 9, 2009 Due
to Parks Protection Ordinance requirements, a unanimous vote is required by City Council to take
action on this item
President Maupm opened the Public Hearing for comment from the public
Comments in support of this action were received by the following:
Larry Ever KCR Executive Director, Connie Miller Early Childhood Development Program, John
Larson Parks & Recreation Commission, and Jeannie Screws Leadership Kitsap
President Maupm stated that with no further comments, the Public Hearing was closed to the public
and opened for discussion to the Council
06 Motion to authorize the agreement was made by McConnell, and seconded by Runyon,
Discussion was then opened to the Council
Mr. McConnell asked what play equipment is currently available and if the public would have to
"check -in" to use that part of the park Mr. Birkenthal answered there is one piece of equipment from
the 1980's and that improving the area will increase the usage of Evergreen Rotary Park, and that if
KCR is not using the park for a program, then the area would be open for public use, according to the
terms of the lease
06:09:28 M /S /C /U (McConnell /Runyon) Move to authorize the Mayor to enter into the Smith Park
Nature Play Area and Parking Lease with Kitsap Community Resources, and execute the agreement
with substantially the same terms and conditions as presented
GENERAL BUSINESS
7A — ORDINANCE NO. 5140 REPEALING CHAPTER 5.04 OF THE BREMERTON MUNICIPAL
CODE (BMC) ENTITLED "COMMERCIAL PET FACILITIES, GROOMING PARLORS, AND ANIMAL
WELFARE FACILITIES "; AND FURTHER REPEALING IN ITS ENTIRETY CHAPTER 5 20 OF THE
BMC ENTITLED "STREET /SIDEWALK VENDORS " Roger Lubovich City Attorney, explained that
Bremerton Municipal Code (BMC) Chapter 5 04 requires the regulation of Commercial Pet Facilities,
Grooming Parlors, and Animal Control Facilities The City does not currently regulate or believe there
is a need to regulate these businesses These businesses will continue to be subject to business
licensing and Business and Occupation (B &O) Tax provisions But by removing the regulatory
provisions with the attached ordinance, we are removing an unneeded layer of bureaucracy
In addition, the attached ordinance creates a new BMC chapter which clarifies the licensing and
regulatory requirements for street vendors Our existing codes have limited direction regarding the
types, siting, and licensing requirements for street vendors The attached helps our code become
compliant with county health and fire code regulations It also clarifies the proper process to be used
to become licensed as well as defines the site distance requirements for their location It was further
clarified that only regular business licenses are required for such businesses pursuant to BMC
Chapters 3 01 and 5 02
Jerry McDonald asked if the Farmers Market would be subject to requirements described in this
ordinance Mr. Lubovich answered that the Farmers Market would be subject to a special events
permit instead of a business license and not subject to the 100 -foot distance provisions as described
06 18 Motion to approve ordinance as amended was made by McDonald, and seconded by
Runyon, Discussion was then opened to the Council
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Wednesday, February 2, 2011
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Mr Runyon hoped that other businesses would ultimately be allowed, but agreed that this is the right
direction for the City
Mr. Wofford thanked administration for making the environment better for business by making these
changes, and encouraged business owners to point out any issues that may need correction in the
future
Mr. McDonald asked if there is a process in place to notify businesses of these changes Mr
Lubovich answered that as business license renewals occur, all changes are highlighted
06:20 55 M /S /C (McDonald /Runyon) Move to approve Ordinance No 5140 regarding regulatory
licenses repealing Chapter 5 04 of the BMC relating to "Commercial Pet Facilities, Grooming Parlors,
and Animal Welfare Facilities" and further repealing and replacing in its entirety Chapter 5 20 of the
BMC with a new chapter relating to "Street Vendors" as amended
Voted in favor of Motion McDonald, McConnell, Brockus, Runyon, Wheeler, Robinson, Arends, and
Wofford
Abstained Maupin
Motion carried 8 -Yes, 1- Abstention
713 — ORDINANCE NO. 5141 CREATING CHAPTER 3.49 OF THE BREMERTON MUNICIPAL CODE
(BMC) ENTITLED "USE TAX ON NATURAL OR MANUFACTURED GAS " - Becky Hasart Financial
Services Director, summarized that on May 20, 2008, the Court of Appeals issued a decision clarifying
the "place of use" for local option brokered natural gas tax as the place where the customer first takes
control of the product and not the place of consumption For Bremerton, this means that Cascade
Natural Gas no longer pays the 6% utility tax on the gas delivered to the Puget Sound Naval Shipyard,
as PSNS takes control of the gas at a location outside our city limits
To rectify this loophole, many cities are amending their municipal codes to levy a brokered natural gas
use tax The attached ordinance will create this taxing authority for our BMC This change does not
currently affect any existing businesses as the PSNS has a federal exemption But this change will
allow us to already have the authority on the books should new customers within our city limits
consume brokered natural gas Anyone already subject to the 6% utility tax on natural gas would not
be affected
There were no comments from the public
06.27:53 Motion to approve ordinance was made by Runyon, and seconded by Wheeler, Discussion
was then opened to the Council
Mr Runyon was pleased that after raising this issue, Mr Lubovich was able to find a solution, then
asked for a brief history of this tax Mr Lubovich responded that the Navy had previously paid a tax
to Cascade Natural Gas but that the company is no longer the supplier The revenue lost to the City
from this prior arrangement was $700,000 Mr. Runyon supported this proposal since future business
involving natural gas would return revenue to the City
Mr. Wofford and Mr. Lubovich emphasized that this does not raise taxes for residents
Mr Wheeler believed that his concerns have been addressed and that these changes will be aligned
with the intent of the legislation
06:33:02 M /S /C (Runyon/Wheeler) Move to approve Ordinance No 5141 creating Chapter 3 49 of the
Bremerton Municipal Code entitled "Use Tax — Natural or Manufactured Gas"
Voted in favor of Motion Wofford, McDonald, McConnell, Runyon, Wheeler, Robinson, Arends, Maupin
Abstained Brockus
Motion carried, 8 -Yes, 1- Absention
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Wednesday, February 2, 2011
Page 5 of 5
COUNCIL MEMBER REPORTS
Jim McDonald provided an update on the Kitsap 9/11 Memorial Committee and hoped that a final site
selection will be made soon so that a ground breaking ceremony can be held in time for the
anniversary this September
Adam Brockus asked Vincent Akhimie, Public Works & Utilities Director, if residents along Hayward
Avenue between East 13 and East 17 Streets could receive a waiver for parking on planting strips
due to the change in parking requirements that were passed earlier tonight
Roy Runyon welcomed new downtown business Fingers Duke, a screen printing and design studio
now located at 705 Pacific Avenue and encouraged people to volunteer for the Bremerton Foodline
Please contact (360) 479 -6188 or www bremertonfood line orq for more information
Greg Wheeler thanked the Rotary for their generous donation tonight, reported on his visit to Olympia
on Monday where he testified on ferry service to Legislators, and recognized Beverly Kincaid and Bob
Dollar for helping make "Project Connect" a success
Dianne Robinson reported on the Kitsap Regional Coordinating Council (KRCC) Countywide Planning
Policies public hearing held last Thursday, offered special thanks to the Rotary for their donation
towards Matan Park improvements, announced there would be an Anderson Cove Community Meeting
on Monday, February 21 at 7 00 PM to discuss `Budding a Better Community'; reflected on the
accomplishments of Bremerton Navy war hero John Henry "Dick" Turpin in honor of this year's 86
Black History Month theme "African Americans and the Civil War'; and then announced several Black
History events including "The Right to Dream" program hosted by Central Kitsap School District tonight
at 6 00 PM, "The Life and Times of Opal Greer" presented by Lee Douglass at the Carver Civic Club
meeting on Saturday, February 5 at Noon, and at Olympic College on Thursday, February 17 Dan
Johnson will present "African American History Truths My Teacher Never Told Me" at 11 00 AM, and
Eva Abram will present "Rosa Parks and African Folktales" at 2 00 PM Lastly, the 12 Annual "Salad
Bowl Sunday "event will be held on Sunday, February 27 beginning at 3 30 PM at the Kitsap Pavilion
Carol Arends encouraged people to attend the First Friday Artwalk, and welcomed the new 7 -11 Store
now located off of 11 Street and Callow Avenue
Nick Wofford announced that attendance at the Kitsap Historical Society Museum is free on First
Fridays and that there will be new exhibit at the Puppet Museum, and encouraged people to volunteer
Will Maupin was pleased with the testimony at the KRCC public hearing on Countywide Planning
Policies and added that Bremerton will have an opportunity to ratify or not ratify the proposed policies
With no further business, President Maupin adjourned the Council Meeting at 6 50 PM
Prepared and Submitted by
C I S) INE GRE IER
Council Assistant
Att
CAROL GE y I
w
•
WILL MAUPIN, City C uncil Pres nt
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