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Home My WebLink About11/05/2014 DIGITAL RECORDING IJ L CITY COUNCIL MEETING MINUTES AWOM NOV__A 9 1014 Wednesday, November 5, 2014 A weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, November 5, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was 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 Mike Sullivan followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. MAYOR'S REPORT—Mayor Patty Lent... • Proclaimed November 2014 as "Alzheimer's Disease Awareness Month"; • Announced that the Annual Veterans Day Program "Honoring All Those Who Served"will be held on Tuesday, November 11 from 9:00 AM to 1:00 PM in the Kitsap Sun Pavilion; • Invited interested community members to attend Youth Conflict Resolution Training hosted by the Dispute Resolution Center of Kitsap County on Thursday, November 13 from 5:30 to 7:30 PM in the Central Kitsap Junior High School; • Proclaimed November 2014 as "Hip Hop History Month'; and announced that there will be an event featuring The Malo Combo and a 3vs3 Dance Battle on Saturday, November 15 from 3:00 to 9:00 PM at the Eagle's Aerie#192 located at 205 6th Street; • Encouraged citizens to submit their vote for Alternative #2 for proposed Improvements to the SR3/SR304 Bremerton Interchange at www.wsdot.wa.aov/projects/sr3/sr3O4icimprovement; • Proclaimed November 2014 as "Pancreatic Cancer Awareness Month", and invited everyone to wear purple on November 13; and announced the "Purple Light" event on March 1, 2015, and the Annual Celebration of Hope Gala on June 6, 2015; • Pointed out the whimsical sculpture that will temporarily reside in the building lobby; and • Reminded residents to clear drains of falling leaves or to report the blocked drains to the City of Bremerton Public Works Customer Response Line at (360) 473-5920. PUBLIC RECOGNITION Bob Dollar read a statement to express his concerns about a proposal that eliminates the full time City Auditor position through defunding the Department as part of the 2015 Budget process. Jane Rebelowski referred to the Washington Avenue.Connector Project and pointed out several examples where she believed it did not meet the design standards set by the City of Bremerton. Chal Martin clarified that no Transportation Benefit District funds are involved in this project. John Bales General Manager of Olympic Indoor Sports Center provided the Council Members with VIP tickets to allow them attendance for the kick-off of the year's Indoor Soccer League on November 22 beginning at 6:30 PM. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 360635 through 361012, and EFT-14276 through EFT-14335 in the amount of$3,428,334.27; Regular Payroll for the pay period ending October 15, 2014 in the amount of$709,431.51; and Retiree Payroll for the pay period ending October 31, 2014 in the amount of$73,238.50 5113— Minutes of Meeting — October 15, 2014 5C — Minutes of Study Session —October 22, 2014 City Council Meeting Minutes Wednesday, November 5, 2014 Page 2 of 6 5D— Minutes of Special Meeting —October 29, 2014 5E— Confirm Appointment of David Hedger to the Parks & Recreation Commission 5F— Contract Award to Lakeside Industries, Inc. for Paving Bremerton Senior Center Parking Lot Jeff Elevado announced that Item 5F would not be possible without the generous donation of all members of "Seniors Uncover Money Solutions ($UM$)"; and President Pat Ward and Treasurer Al Butler; as well as Holly Peterson of the Bremerton Senior Center presented a check for $52,320.57 to repay the City for the full cost of the parking lot. 06:08:06 Motion was made by Daugs and seconded by Davis; Thanks were provided to all members of$UM$; and additional comments were provided by Daugs and Runyon... 06:09:15 M/S/C/U (Daugs/Davis) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A—GRANT AGREEMENT WITH STATE DEPARTMENT OF COMMERCE FOR BURWELL PEDESTRIAN TUNNEL: Tom Knuckev, City Engineer, provided a PowerPoint presentation to summarize that in July 2013, the State of Washington awarded a $1,300,000 Department of Commerce grant to the City to reconstruct the Burwell Pedestrian Tunnel. The tunnel provides pedestrian access under Burwell Street between the Navy's controlled industrial area and a Navy owned property at the intersection of Park Avenue and Burwell Street. The project's purpose is to improve safety and security, while simultaneously improving the overall aesthetic look and feel of the secure access visible from City streets and businesses. Expenditures will begin immediately resulting in a need to increase the 2014 General Fund Engineering Budget by 100,000. The grant does not require matching funds; all project costs will be grant funded. Mayor Lent added that this was a partnership between the City of Bremerton, the United States Navy, and the Washington State Department of Transportation (WSDOT), and brought forward participants LCDR Brent Uvehara, NAVFAC NW, and Rick Tift, Executive Director of Puget Sound Naval Shipyard who each provided comments and thanked the City for their cooperative efforts. There were no questions or comments from the public... 06:24:36 Motion was made by Runyon and seconded by Davis; Questions and comments were provided by Runyon and Daugs; with responses provided by Mr. Knuckev... 06:30:48 M/S/C/U (Runyon/Davis) Move to approve the Commerce Grant Agreement; authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and move to increase the 2014 Engineering General Fund Revenue and Expenditure budgets by $100,000 for 2014 activity. 613— PROFESSIONAL SERVICES AGREEMENT WITH FRASER + FOGLE ARCHITECTS FOR BURWELL PEDESTRIAN TUNNEL DESIGN AND CONSTRUCTION MANAGEMENT: Tom Knuckev, City Engineer, added that in July 2013, the State of Washington awarded a $1,300,000 Department of Commerce grant to the City to reconstruct the Burwell Pedestrian Tunnel. The design was completed assuming Federal acquisition procedures would be employed which differ significantly from a typical City construction contract. The proposed contract with Fraser + Fogle is to revise the existing design into a typical City bid package, to revise the design to streamline several construction issues, and to act as the City's Construction Manager during construction of the improvements. 06:32:14 Motion was made by Davis and seconded by Runyon; Comments were provided by Davis... City Council Meeting Minutes Wednesday, November 5, 2014 Page 3 of 6 06:33:43 M/S/C/U (Davis/Runyon) Move to award the Professional Services Agreement with Fraser + Fogle Architects for$222,243, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6C—ORDINANCE NO. 5262 TO AMEND CHAPTER 9A.44 OF THE BREMERTON MUNICIPAL CODE (BMC) BY ADDING SECTION 9A.44.105 ENTITLED "UNLAWFUL SOLICITATION" TO PROHIBIT PANHANDLING NEAR ATM AND BUS STOPS, AND PASSING OR RECEIVING ANYTHING (LIKE MONEY) FROM THE STREET TO THE SIDEWALK ON MAJOR ARTERIALS: Police Chief Steve Strachan provided a PowerPoint presentation to further explain why members of the City Council desire to add provisions to the Bremerton Municipal Code to regulate solicitation at automated teller machines, bus stops, and within certain designated roadways and makes other related changes. Jane Rebelowski was concerned that the City does not have enough officers now just for general enforcement, and therefore believed this legislation would just be an added burden. Robert Parker questioned the 15-feet restriction from the ATM machines, and suggested that 25-feet might be better. Joan Morris found the ordinance reasonable, but expressed concern that it not lead to a lack of sensitivity to the homeless. 06:53:12 Motion was made by Sullivan and seconded by Daugs; Questions and comments were provided by Sullivan, Daugs, Runyon, Younger, McDonald, and Wheeler, with responses provided by Chief Strachan, Mayor Lent, and Roarer Lubovich... 07:14:30 M/S/C (Sullivan/Daugs) Move to adopt Ordinance No. 5262 amending Chapter 9A.44 of the Bremerton Municipal Code relating to solicitation in certain roadways and designated roadways. Voted in favor of Motion: Davis, Younger, Sullivan, Daugs, McDonald Voted opposed to Motion: Runyon, Wheeler Motion carried: 5-Yes; 2-No PUBLIC HEARING 7A— PUBLIC HEARING AND RESOLUTION NO. 3236 TO APPROVE THE 2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME FUNDING RECOMMENDATIONS FOR INCLUSION IN 2015 CDBG/HOME ACTION PLAN: Marie Vila, Block Grant Program Administrator, explained that on May 21, 2014, the City Council approved the 2015 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process, and based on that policy, the program's Grant Recommendation Committees have developed 2015 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City's 2015 Annual Action Plan. President Wheeler opened the public hearing...Comments were received from Roxanne Bryson, Executive Director of Holly Ridge Center, Linda Hugo, President and Chief Executive Officer of Community Frameworks;and Laura Lyon, Chief Financial Officer and Deputy Executive Director of the Bremerton Housing Authority... With no further comments from the public, President Wheeler closed the hearing to the public, and opened discussion to the City Council... 07:35:48 Motion was made by Daugs and seconded by McDonald, Wheeler, Davis, and Runyon recused themselves from the vote...Comments were provided by Younger... City Council Meeting Minutes Wednesday, November 5, 2014 Page 4 of 6 07:39:25 M/S/C (Daugs/McDonald) Move to pass Resolution No. 3236 approving the 2015 funding recommendations to be included in the 2015 Action Plan to HUD; and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. Voted in favor of Motion: Younger, Sullivan, Daugs, McDonald Abstained: Davis, Runyon, Wheeler Motion carried: 4-Yes; 3-Abstentions 719— rOUASl-JUDICIALI HEARING ON A RESOLUTION NO. 3234 TO RECOVER FEES FOR ABATEMENT COSTS ON THE PROPERTY LOCATED AT 1127 N. CALLOW AVENUE: Janet Lunceford, Code Enforcement Officer, explained that pursuant to a Kitsap County Superior Court Order, the City hired a contractor to demolish a dilapidated building located at 1127 N. Callow Avenue. The work was completed on October 3, 2014. The owner of the property, Benjamin Nelson, surrendered the property to Bank of America in a bankruptcy action, but Bank of America has not foreclosed on the property. Bank of America agreed to demolish the building, but failed to do so in a timely manner, and the City moved forward with the Warrant of Abatement and demolished the house. The cost of the work totaled $5,978.50. The cost of process service, filing fees, the asbestos survey and administrative fees were paid by Bank of America in April of 2014. The Notice of Hearing was published in the Kitsap Sun on October 10, 2014, was posted on the property, was emailed to the owner's attorney, and was mailed both by regular mail and certified mail to the Bank of America. Following a quasi-judicial hearing, the Council must decide if the fees are just and reasonable, and how they should be collected. President Wheeler asked if any Council Member had a conflict with the "Appearance of Fairness" Doctrine; then asked members of the public if any Council Member should be excused due to a conflict. All Council Members remained seated. President Wheeler opened the public hearing...With no comments received President Wheeler closed the hearing to the public, and opened discussion to the City Council... 07:44:03 Motion was made by Runyon and seconded by Sullivan; Questions and comments were provided by Runyon and Daugs; with responses provided by Ms. Lunceford... 07:46:10 M/S/C/U (Runyon/Sullivan) Move to adopt Resolution No. 3234, ordering that the fees incurred for demolition of the building on the property located at 1127 N. Callow Avenue, be collected' as reasonable abatement costs and become a lien against the property and assessed against the property pursuant to RCW 35.80.030. 7C — [QUASI-JUDICIALI HEARING ON A RESOLUTION NO. 3235 TO RECOVER FEES FOR ABATEMENT COSTS ON THE PROPERTY LOCATED AT 1129 N. CALLOW AVENUE: Janet Lunceford, Code Enforcement Officer, explained that pursuant to a Kitsap County Superior Court Order, the City hired a contractor to demolish a dilapidated building located at 1129 N. Callow Avenue. The work was completed on October 3, 2014. The owner of the property, Benjamin Nelson, surrendered the property to Bank of America in a bankruptcy action, but Bank of America has not foreclosed on the property. Bank of America agreed to demolish the building, but failed to do so in a timely manner, and the City moved forward with the Warrant of Abatement and demolished the house. The cost of the work totaled $7,065.50. The costs of process service, filing fees, the asbestos survey and administrative fees were paid by Bank of America in April of 2014. The Notice of Hearing was published in the Kitsap Sun on October 10, 2014, was posted on the property, was mailed both by regular mail and certified mail to the Bank of America , and was emailed to the owner's attorney. Following a quasi-judicial hearing, the Council must decide if the fees are just and reasonable, and how they should be collected. City Council Meeting Minutes Wednesday, November 5, 2014 Page 5 of 6 President Wheeler asked if any Council Member had a conflict with the "Appearance of Fairness" Doctrine; then asked members of the public if any Council Member should be excused due to a conflict. All Council Members remained seated. President Wheeler opened the public hearing...With no comments received President Wheeler closed the hearing to the public, and opened discussion to the City Council... 07:48:25 Motion was made by Runyon and seconded by Daugs... 07:48:38 M/S/C/U (Runyon/Daugs) Move to adopt Resolution No. 3235, ordering that the fees incurred for demolition of the building on the property located at 1129 N. Callow Avenue, be collected as reasonable abatement costs and become a lien against the property and assessed against the property pursuant to RCW 35.80.030. 7D— PUBLIC HEARING ON ORDINANCE NO. 5260 TO AMEND CHAPTER 3.78 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "MULTI-FAMILY PROPERTY TAX EXEMPTION" REGARDING BOUNDARIES FOR THE DOWNTOWN REGIONAL CENTER TARGET AREA: Kell! Lambert, Community Development, stated that in 2007, City Council adopted the Multifamily Tax Exemption for the Downtown Regional Center. IN 2010, the tax exemption Target Area was expanded to include all of the Downtown Regional Center. Ordinance No. 5202, approved in December 2012, amended the Downtown Regional Center Sub-Area Plan to include in its boundaries three parcels at 1008, 1016 and 1018 Burwell Street. Revisions are proposed at this time to again expand the Target Area to include the entire Downtown Regional Center. President Wheeler opened the public hearing...With no comments received President Wheeler closed the hearing to the public, and opened discussion to the City Council... 07:52:26 Motion was made by Davis and seconded by Runyon; Questions and comments were provided by Davis, Runyon, Daugs, McDonald, Younger, and Wheeler, with responses provided by Ms. Lambert and Andrea Spencer, Director of Community Development... 08:02:38 M/S/C (Davis/Runyon) Move to pass Ordinance No. 5260 to amend Chapter 3.78 of the Bremerton Municipal Code (BMC) entitled "Multifamily Property Tax Exemption" regarding the boundaries of the Downtown Regional Center Target Area. Voted in favor of Motion: McDonald, Davis, Runyon, Younger, Sullivan, Wheeler Voted opposed to Motion: Daugs Motion carried: 6-Yes; 1-No 7E— PUBLIC HEARING ON ORDINANCE NO. 5261 TO AMEND CHAPER 20.12 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "LAND DIVISION" REGARDING PHASING, EXTENSIONS, AND DESCRIPTIONS AND MAJOR PLAT AMENDMENTS: Allison Satter, Community Development, summarized that the action before the Council is to conduct a Public Hearing, and adopt an ordinance amending BMC Chapter 20.12 entitled "Land Division" regarding phasing, extensions, and classification of minor and major plat amendments. President Wheeler opened the public hearing...With no comments received President Wheeler closed the hearing to the public, and opened discussion to the City Council... 08:16:55 Motion was made by Daugs and seconded by Runyon; Questions and comments were provided by Daugs, Runyon, McDonald, and Davis; with responses provided by Ms. Satter and Ms. Spencer... City Council Meeting Minutes Wednesday, November 5, 2014 Page 6 of 6 08:28:15 M/S/C/U (Daugs/Runyon) Move to pass Ordinance No. 5261 to amend Chapter 20.12 of the Bremerton Municipal Code (BMC) entitled "Land Division" regarding phasing, extensions, and descriptions of minor and major plat amendments. COUNCIL MEMBER REPORTS Leslie Daugs explained that she has "grown" a full mustache after a challenge from Police Chief Steve Strachan as part of the Movember Foundation's movement leading "global organization committed to changing the face of men's health"; reminded drivers everyone to slow down and be more aware now that school is back in session; and reminded people to appreciate their families. Jerry McDonald announced that the Horse & Cow Pub and Grill will be holding a Grand Opening of their new patio space on Saturday, November 8 from 11:00 AM to 10:00 PM at 536 4m Street with the Ribbon Cutting Ceremony led by Mayor Lent at 3:30 PM. Dino Davis announced that the next Forest Ridge Park Clean-Up will be on Saturday, November 15 beginning at 9:00 AM; and also thanked the Mayor for raising awareness about Alzheimers and Pancreatic Cancer. Roy Runyon reminded citizens that they are welcome to attend the first Budget Workshop beginning tomorrow at 4:00 PM. Greg Wheeler announced that Financial Services Director Cathy Johnson has been invited to answer questions on the City of Bremerton Budget at the next District 4 Neighborhood Meeting on Tuesday, November 18 from 6:00 to 7:30 PM in the basement of the Community of Christ at Memorial Lutheran Church at the corner of 101h Street & Veneta Avenue. President Wheeler stated that immediately following adjournment of the Council Meeting, the Council will hold an Exempt Closed Session to discuss "Labor Negotiations and Proceedings" under RCW 42.30.140(4)(b) with no action is anticipated; and announced that the first Budget Workshop will be held tomorrow night on Thursday, November 6 from 4:00 to 7:00 PM in the Council Conference Room, and the public is invited to attend. With no further business, President Wheeler adjourned the Council Meeting at 8:35 PM. Prep ed and Submitted by: Ar L RI SMITH Legislative Assistant Attest: AVIIR�_ SHANNON CORIN, City Clerk GREG EELER, City Council President GW:SC:ls:cg