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HomeMy WebLinkAbout12/18/2013 UNCL DIGITAL RECORDING CITY COUNCIL MEETING MINUTES JAS 0 2 1014 Wednesday, December 18, 2013 The Regular Meeting of the City Council of the City of Bremerton was called to order on Wednesday, December 18, 2013, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Council Member Eric Younger was absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Corm, Legislative Assistant Lori Smith, and Information Services Manager Kevin Matthew A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room including a 5- Minute Executive Session to discuss "Pending Litigation" per RCW 4230 110 (1)(1) with action anticipated Immediately following was the Council Meeting at 5 30 PM 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 Patty Lent • April Mills provided an update on the fundraising status for Beyond Accessible Playground, • President Wheeler was pleased to invite members of the Kiwarns Club to make a surprise announcement, and present a $30,000 check to finish the Beyond Accessible Playground • Invited Community Resource Officer Joe Sexton to present the 4 th Annual "Neighborhood Improvement Awards" to homeowners Glenn Day (631 Highland Avenue), Trent & Chervl England (106 State Avenue), Daniel Johnson & Robbin Small (339 East 28' Street), Stanley & Barbara Klippert (3209 Phillips Avenue), Victoria & Connie Potter (1142 Rainier Avenue), Ronald & Linda Rice (2321 8 th Street), Leroy & Bobbie Jo Taylor (1125 Ironsides Avenue) • Reported that the latest draft of the "Bremerton Parks, Recreation, and Open Space Plan" is available for review online, • Welcomed the Bremerton Housing Authority into their new office at 600 Park Avenue, • Encouraged community youth ages 10 to 17 at a low cost of $20 to attend a New Year's Eve "Lock -In Extravaganza" at the Presidents Hall at the Kitsap County Fairgrounds, and • Wished everyone a very Merry Christmas and a Happy New Year PUBLIC RECOGNITION Gary Nystul Internal Auditor, presented an award to Council Member Carol Arends in recognition for her years of service on the Audit Committee, including the last 8 years as Audit Committee Chair Roy Runyon provided highlights of the WA State Ferries Community Meeting he recently attended Mary McClure KRCC Executive Director, also presented an award of appreciation to Carol Arends for her years of participation on the KRCC Executive Board CONSENT AGENDA 5A — Claims & Check Register Check Numbers 356221 through 356384, 356227, and 356233, and EFT -13408 through EFT -13444 in the amount of $1,607,299 76, Regular Payroll for the pay period ending November 30, 2013 in the amount of $694,424 61, and Regular Payroll for the pay period ending December 15, 2013 in the amount of $672,747 68 5B — Minutes of Meeting — December 4, 2013 5C — Minutes of Budget Workshop — December 11, 2013 5D— Professional Services Agreement for Actuarial & Consulting Services with LBG Advisors, LLC 5E — Purchase of Playground Equipment for the Evergreen Rotary Park "Inclusive Playground" City Council Mtg Minutes Wednesday, December 18, 2013 Page 2of5 5F — Reappointment of Shawntel Dinkuhn to the Planning Commission 513 — Property Insurance Renewal for 2014 with Lexington Insurance Company 5H — Purchase Agreement with Trebron Company, Inc for Barracuda Backup Solution 51— Appointment of Allison Daniels to Senior Planner in Department of Community Development at a step higher than Rate 1 (Rate 5) in Pay Band 11 of the "2014 Management, Professional, Confidential, and Fiduciary Salary Plan" 5.1 — Authorization to Charge -Off Uncollectable B &O Tax Debts 5K — Resolution No 3211 authorizing Year -End Interfund Loans 51L — Ordinance No 5236 approving 2013 Budget Amendments 5M — Interlocal Agreement with Kitsap County to continue West Sound Stormwater Outreach Group 5N — Acceptance of Washington Department of Ecology Stormwater Capacity Grant for Planning & Design of Marine Drive Low Impact Development Stormwater Retrofit Project 50— Professional Service Agreement and Scope of Work with Parametrix, Inc for Westside Wastewater Treatment Plant (WWTP) Biotower Improvements 5P — Contract Award to Trenchless Construction Services LLC for Orange Drive Jack & Bore 5Q — Resolution No 3212 approving a Type C Right -of -Way Use Permit for the Burwell Pedestrian Tunnel 5R — Professional Services Agreement Contract Modification No 1 with Parametnx, Inc for Consultant Services for the Washington Avenue Sewer Improvement Project 5S— Contract Award to Pape & Sons Construction, Inc for Washington Ave Sewer Improvements 5T — Additional Rate Advancement for Milenka Hawkins- Bates, Administration Division Manager, Public Works & Utilities Department There were no questions or comments from the public 06:04.00 M /S /C /U (Flemister /Arends) Move to approve the CONSENT AGENDA as presented PUBLIC HEARINGS 6A — PUBLIC HEARING TO PASS RESOLUTION NO 3210 APPROVING AN AMENDMENT TO THE 2013 CDBG /HOME ACTION PLAN: AND WAIVER OF THE PER -HOME SUBSIDY CAP FOR HOME FUNDS Marie Vila DCD Block Grant Manager, summarized that on November 7, 2012, City Council approved the 2013 CDBG /HOME Action Plan for funding, which was subsequently approved by HUD Due to unforeseen circumstances, staff is requesting an amendment to the terms of the Habitat for Humanity award included in the Action Plan, and a waiver of the subsidy cap for this award President Wheeler opened the public hearing Comments from the public were provided by Daryl Day-gs (who provided further clarification) With no further public comments, President Wheeler closed the public hearing 06 . 10:47 Motion was made by Brockus, and seconded by McDonald Comments were provided by Brockus and Daugs 06.13:15 M /S /C (Brockus /McDonald) Move to pass Resolution No 3210 approving the amendment to the grant terms and waiver of City of Bremerton per -home subsidy limit as related to the 2013 Habitat for Humanity award "Bay Vista Affordable Homeownership ", and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented once HUD has approved these changes as part of the City's amended 2013 Action Plan City Council Mtg Minutes Wednesday, December 18, 2013 Page 3 of 5 Voted in favor of Motion Brockus, Priest, Flemister, Arends, Wofford, McDonald, Wheeler Abstained Daugs (due to the possible appearance of a conflict of interest) Motion carried 7 -Yes, 1- Abstention 6B — PUBLIC HEARING TO APPROVE ORDINANCE NO. 5237 ADOPTING THE GORST SUBAREA PLAN AS PART OF THE COMPREHENSIVE PLAN: AND AMEND CHAPTER 20.80 OF THE BREMERTON MUNICIPAL CODE (BMC) TO RELATE TO THE SUB -AREA PLAN Allison Daniels Department of Community Development Senior Planner, explained that the action before the City Council is to conduct a public hearing and consider amendments to the Bremerton Municipal Code and Comprehensive Plan to incorporate the Gorst Sub -Area Plan The Sub -Area Plan is to adopt a comprehensive 20 -year plan that establishes the general patterns for future land use, transportation and other infrastructure needs in Gorst The purpose of the this plan is to provide greater detail, guidance and predictability to future development within the Gorst Urban Growth Area (UGA), while also protecting the environment all consistent with the Bremerton Comprehensive Plan This Subarea Plan is intended only to address the future vision and development regulations for the Gorst UGA, which is approximately 335 acres in size The Watershed Characterization & Framework Plan for the Gorst Creek is a functioning plan to the Sub -Area Plan and guides water quality, habitat, and land use plans and activities across the approximately 6,570 acre watershed which the Gorst UGA is a portion of The UGA is currently under the jurisdiction of Kitsap County and assigned to the City of Bremerton as an annexation area, and this Subarea Plan will be adopted jointly by both jurisdictions Eric Baker Manager with the Kitsap County Special Projects Division, provided further highlights of the process and looks forward to working more with the City in the future President Wheeler opened the public hearing Questions and comments from the public were provided by Roy Runyon and Pete Thurman with responses provided by Ms Daniels With no further public comments, President Wheeler closed the public hearing 06:35:15 Motion was made by McDonald, and seconded by Arends Comments were provided by McDonald, Daugs, and Wheeler 06:37:35 M /S /C /U (McDonald / Arends) Move to pass Ordnance No 5237 to adopt the Gorst Sub - Area Plan for the Gorst Urban Growth Area GENERAL BUSINESS 7A — ORDINANCE NO. 5238 AMENDING SECTION 3.72.020 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "PERSON SUBJECT TO TAX — TAX RATES" RELATING THE TAXATION OF PUNCHBOARDS AND PULL TABS Becky Hasart Financial Services Director, emphasized that the City currently assesses a 4% tax on the gross receipts derived from punchboard and pull tab activity in commercial /retail establishments The City has received a petition signed by all twelve businesses subject to this tax requesting it be lowered to 2% The following table compares our current tax rates to the other jurisdictions in Kitsap County Jurisdiction Commercial Rate 2012 Receipts Kitsap County 3% $132,229 Bainbridge Island 10% None Bremerton 4% $74,171 Poulsbo 1 5% $3,000 Port Orchard 1 3% $63,441 2% would make us the lowest rate in the county Finance Committee suggested a 3% rate may be more appropriate The proposed ordinance amends BMC 3 72 020 to reduce the tax on gross receipts derived from punchboards and pull -tab activity from 4% to 3% City Council Mtg Minutes Wednesday, December 18, 2013 Page 4 of 5 There were no questions or comments from the public Questions and comments were provided by, with responses provided by Ms Hasart 06:39:20 Motion was made by Arends, and seconded by Brockus Comments were provided by Arends, Brockus, Daugs, and McDonald 06:41:15 M /S /C /U (Arends / Brockus) Move to approve Ordinance No 5238 of the City Council of the City of Bremerton, Washington, amending BMC 3 72 020 of the Bremerton Municipal Code entitled "Persons Subject to Tax — Tax Rates" relating to the taxation of the punchboards and pull -tabs and making other amendments 7B — EXECUTIVE SESSION — Council convened for a 5- Minute Executive Session during the Council Briefing to discuss "Pending Litigation" per RCW 42 30 110 (1) (1), with action 06:42:08 M /S /C /U (McDonald/Wofford) Move to approve settlement proposal for NPDES Phase II Stormwater Permit Appeal as described in the City Attorney's Memo to Council, and to authorize the City Attorney to sign settlement documents COUNCIL MEMBER REPORTS & RECOGNITION CEREMONY Nick Wofford attended the PSRC Project Selection Task Force Meeting, and was pleased to report the recommendation was to move forward set aside funding for Kitsap County Carol Arends reported on her attendance at the PSRC Executive Policy Board meeting, and has appreciated her time on all of the boards and committees she has served on through the years Wendy Priest was pleased to report that today her family officially adopted 3 -year old twins Johns and James, but also shared information on other ways the public can help other orphaned children and children in foster care by donating to one of many organizations such as www cotni orQ www sonrisebabies com www worldvision orp or www samaritans org Adam Brockus explained that he attended the WA State Ferries Community Meeting on Bainbridge Island because he missed the meeting held recently in Bremerton, and reported the next Ferry Advisory Meeting would be Saturday, January 11 at 9 30 AM here in the First Floor Chambers Leslie Daugs wished everyone a happy holiday, and congratulated the Bremerton Housing Authority and is excited for their future, and wished all of the outgoing Council Members good luck in their future endeavors President Wheeler then presented plaques to outgoing Council Members Wendy Priest (10 -month appointment), Faye Flemister (2 years), Jim McDonald (4 years), Adam Brockus (8 years), Nick Wofford (8 years), and Carol Arends (16 years) Council staff members Lori Smith and Christine Grenier presented a bouquet of 16 roses to Mrs Arends to represent her 16 years of service to the citizens of Bremerton With no further business, President Wheeler adjourned the Council Meeting at 7 30 PM Pre "d and Submitted by 'N � Im C:;� LORI SMITH Legislative Assistant City Council Mtg Minutes Wednesday, December 18, 2013 Page 5 of 5 st S NON CORIN, City Clerk s x GREG EELER, City Council President GW S s g