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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 City Council Reg Mtg Minutes 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 City Council Reg Mtg Minutes Wednesday, February 2, 2011 Page 3 of 5 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 City Council Reg Mtg Minutes Wednesday, February 2, 2011 Page 4 of 5 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 City Council Reg Mtg Minutes 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 WMCEIscg