HomeMy WebLinkAbout09/07/05
CITY COUNCIL MEETING MINUTES
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DIGITAL RECORDING
Wednesday, September 7,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, September 7, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil
McConnell, and Brad Gehring. Council Members Wendy Priest and Carol Arends were absent. Also
present were City Attorney Roger Lubovich and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Council Member Dianne Robinson.
President NYQren announced that a Pre-Council session was held in Council Conference Room 603
from 5:00 to 5:30 P.M.
MAYOR'S REPORT
. Announced that Police Chief Rob Forbes will be retiring after 25 years of service and he has
appointed Captain CraiQ ROQers as Interim Police Chief;
. Thanked Council Members Mike Shepherd and Dianne Robinson for their efforts in
organizing local service groups and churches to help Hurricane Katrina victims;
. Presented an Outstanding Employee Service Award to Matthew KeouQh for his work as a
Growth Planner in the Community Development Department, and wished him well in his new
position at Kitsap Community Resources; and
. Presented the Mayor's Appreciation Award to Boston's Deli & Pizza and commended owners
Don and Cheryl Stauff for raising $7,400 over Labor Day Weekend to benefit victims of
Hurricane Katrina.
PUBLIC SERVICE ANNOUNCEMENTS
Mr. Shepherd presented the City Pride Award for the Month of August 2005 to Marie Almerol of the
900 block of Cogean Avenue.
President NYQren presented a Proclamation for the Week of September 17 - 23, 2005 as
"Constitution Week", which was accepted by Barbara Simmons of the Elizabeth Ellington Chapter of
the Daughters of the American Revolution.
Ms. Robinson presented a Proclamation for the Month of September 2005 as "Community Health
Cate Awareness Month", which was accepted by Gwendolyn Shepherd, Health Care Committee
Chairperson for the Bremerton Branch of NAACP. Ray ROQers, President of the Bremerton Branch of
NAACP thanked the Council for the proclamation; announced that there will be a Parents' Fair in the fall;
and hoped to provide support to the community both in service assistance and education.
CONSENT AGENDA
A. Check Numbers 30247 through 302466; EFT-8558 through EFT-8560; EFT-8562 through EFT-
8563; and 8561 P in the amount of $3,049,731.52; and Regular Payroll for the pay period ending
August 15, 2005 in the amount of $679,387.45 (#AB05-202)
B. Minutes of Meeting - August 31,2005 (#AB05-203)
C. Professional Services Agreement with PARAMETRIX, INC. for Environmental Assessments of
Charleston Beach Road segment of the SR 304 Project (#AB05-204)
D. Resolution No. 2978, authorizing use of the General Contractor/Construction Manager Alternative
Public Works Procedure pursuant to Chapter 39.10 of the RCW for the Bremerton Harborside
Park/Building 50 Renovation/Memorial Plaza Project (#AB05-205)
City Council Reg. Mtg. Minutes
Wednesday, September 7,2005
Page 2 of 6
President NYQren offered an opportunity to the public to comment on these items prior to the vote.
There were no comments from the public.
5:50:55 M/S/C/U (Short/Maupin) Move to approve the Consent Agenda as presented.
6A - PUBLIC HEARING & ORDINANCE NO. 4946 ADOPTING AMENDMENTS TO BREMERTON
MUNICIPAL CODE (BMC) TITLE 20 "ZONING CODE" PERTAINING TO PARKING, LANDSCAPING,
SIGNS, AND TEN ZONING DISTRICT CLASSIFICATIONS (#AB05-206): Chris HUQo, Director of
Community Development explained that the proposed ordinance enacts the fourth of five "packages" of
new section so the zoning code to implement the 2004 Comprehensive Plan. The proposed new BMC
Chapters include standards for Parking, Landscaping and Signs, and administrative chapters for Text
Amendments, Non-Conforming Uses, and Types of Land Use Permits. Ten Zoning Classification
chapters for downtown, residential, industrial, city utility lands, and watershed areas are also included.
The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary
to maintain compliance with the State Growth Management Act. Mr. HUQO clarified that changes were
made to address parking in front yard setbacks 20.48.060(e) and in driveways 20.48.060(g)(1), and
asked that those changes be incorporated into the ordinance.
Mr. NYQren thanked staff and Planning Commission members for there long hours spent working on
updating the zoning code.
Helen Miller asked for clarification on parking restrictions in residential areas. Mr. HUQO responded that
parking would be allowed on paved or partially paved surfaces. Mr. Short stated that many driveways
are not paved and was concerned that people would not be able to comply with the proposed
requirements. Mr. HUQO answered that the provision would only apply to redevelopment or new
construction, not to current homes.
Mr. Shepherd expressed interest in holding future discussions on impervious surfaces as it related to
residential parking. Mr. NYQren pointed out that the Kitsap Home Builders Association will be
addressing the impervious surface issue.
Mr. GehrinQ expressed his concern over restriction of use in back yard parking. Mr. Maupin asked for
clarification on "hard" surfaces. Mr. HUQO stated that hard surfaces include paved surfaces.
Mr. Short discussed his concerns over the section outlining non-conforming structures; and questioned
if someone lost their residence in a natural disaster, would the individual be able to rebuild that structure.
Robert Grumbach, Community Development answered that the non-conforming structure could be
rebuilt with the proper permits but the structure would need to meet current standards and requirements.
Mr. Short also asked for further clarification on walls. Mr. HUQO stated that the language came from
previous discussions and included alternatives to building solid walls such as arbors or vegetative walls.
Mr. Shepherd asked if there will be opportunities to make further changes in the zoning code. Mr.
HUQO answered that any remaining revisions will be presented in the next package. The Planning
Commission will be reviewing each of the packages and any comments to incorporate any further
amendments. Mr. Shepherd also expressed concerns of storage of garbage and indicated that the
issue needs to be addressed before a project is built so the problem does not happen in the first place;
mentioned that there is no opportunity to address replacement of accessory garages; and requested
further clarification on conditional use process. Mr. HUQO answered that the individual would need to
come in and apply for a building permit.
City Council Reg. Mtg. Minutes
Wednesday, September 7,2005
Page 3 of 6
Mr. McConnell pointed out a language discrepancy regarding the ratio of parking availability and
demand. Mr. HUQo stated that some code has been carried forward and there have been no issues, but
the language will be reviewed.
Mr. NYQren reminded Council Members that there would be an opportunity to suggest or make changes
to the zoning code prior to final passage.
Mr. McConnell asked for clarification on limiting sign use as posted on buses or personal vehicles, and
was concerned that the practice would discourage business development in Bremerton. Mr. HUQO
suggested that an amendment could be made to address that issue.
6: 21 :05 Main Motion was made, and seconded but discussion continued... A "friendly amendment" was
made by the maker of the Motion, but was not agreed to by the seconder...
Council Members continued to discuss problems they have encountered with political signs, as well as
their support for the use of signs on vehicles for transporting goods and services or employees and
expressed their opinion for incorporating that change into the ordinance...
6:33:22 Amendment to Motion M/S/C (McConnell/Gehring) Move to remove 20.52.050(b) "Signs placed
or painted on any motor vehicle or trailer which is not routinely used to transport or provide the goods or
services being advertised'~
Voted in favor of Motion: McConnell, Shepherd, Robinson, Gehring
Voted opposed to Motion: Maupin, Short, Nygren
Amending-Motion carried; 4-Yes; 3-No
6:34:20 M/S/C/U (Short/Maupin) Move to pass Ordinance No. 4946 as amended, adopting amendments
to BMC Title 20 Zoning Code pertaining to parking, landscaping, signs, and ten zoning district
classifications.
7 A - PUBLIC SAFETY BOND ISSUE - PROFESSIONAL SERVICES AGREEMENT WITH ARAI
JACKSON ARCHITECTS FOR POLICE DEPARTMENT (BURWELL SITE) AND MUNICIPAL COURT
(17TH AND WARREN) DESIGN (#AB05.187): Gary Sexton, Director of Economic Development stated
that the City previously entered into a contract hiring Arai Jackson Ellison Murakami as architects for the
Police/Courts facilities design development. The recommended design and site developments are the
Kitsap Credit Union on Burwell for the Police facility, and the 1 th & Warren Avenue CenCom site for the
Courts. The architectural agreement retains ARAI JACKSON ARCHITECTS for design development at
these two sites. Mr. Sexton encouraged Council to approve this agreement to move the process of
relocating police and courts forward.
There were no comments from the public.
Mr. Shepherd recommended that a timeline be formed to address the relocation of the Court. Mr.
McConnell asked Judge Doctor if he would support separating the court relocation with respect to the
contract. JudQe Doctor responded that he would support removing courts from this portion of the
contract if indeed the Court Relocation Committee would select an adequate site, and that adequate
funding would be available for relocation.
Mr. McConnell asked for assurance that if the court portion of the contract is separated, there would be
enough money to relocate the courts. Mr. Sexton, explained that there would be sufficient funds but
the amount would vary depending upon the project... whether it included a remodel of a building or was
new construction. He stated that approximately $970,000 is available from the bond proceeds to support
relocation of police and courts.
City Council Reg. Mtg. Minutes
Wednesday, September 7,2005
Page 4 of 6
Mr. GehrinQ indicated that the Court Relocation Committee has looked closely at possible sites and
would like to see all options discussed to come to the right decision that best benefits the citizens and
the court system.
Mr. Short stated that the discussion as part of the Court Relocation Committee regarding the Burwell
site initially did not involve representatives from the police or courts; and asked if there is sufficient
money for new construction or remodel. Mr. Sexton answered probably not for a new facility, but for a
remodel, and that includes the fees paid to the architects for design. Mr. Short asked about the
additional cost for new construction. Mr. Sexton stated that the additional costs would be about
$50,000 which would accommodate any changes to the site. Mr. Short emphasized that it is the
Council's intent to locate the Courts in a suitable location.
Mr. Maupin hoped that the courts and the community would be better served by locating courts in a
different location other than the CenCom location.
Mr. Shepherd commented on rising costs of land. Mr. Sexton responded that current projections
include construction costs and have not been factored in land costs.
Ms. Robinson offered her support for the amendment and hoped that by doing so Council could keep
their promise to Courts to put the department in the right location.
Mr. NYQren summarized that there is less of a time constraint to relocate Courts since the sale of the old
City Hall has not proceeded.
6:57:22 M/S/C/U (McConnell/Gehring) Move to approve the Professional Services Agreement with ARAI
JACKSON ARCHITECTS for the new police station as amended to remove the court and reduce the
contract amount to $173,000 and further to authorize the Mayor to finalize and execute the amended
contract.
7B - PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BREMERTON AND CHEVRON
U.S.A., INC. REGARDING ACQUISITION OF REAL PROPERTY ADJACENT TO EVERGREEN PARK
(#AB05.207): Gary Sexton, Director of Economic Development, pointed out that the proposed purchase
and sale agreement related to the acquisition of 1.5 acres of land adjacent to Evergreen Park form
Chevron U.S.A. Inc. The purchase price is $100.00. The City shall assume environmental
responsibilities relating to identified hazardous substances located at, on, and/or under the property as
outlined in the Agreement.
Mr. Shepherd excused himself from the discussion due to a potential conflict of interest.
Don Larson provided historical background information relative to shoreline clean-ups at Evergreen
Park; recommended moving forward with environmental mitigation of the property, and added that
planting trees and capping the property would be good options for mitigation.
Mr. Short supported the purchase to further parks development; but expressed concerns over the
liability associated with site.
Mr. McConnell expressed concerns over the City assuming liability which could result in possible claims
for property damage or personal injury and could be costs that the City could not handle. He
emphasized that if there is damage being caused now then Chevron should address those issues now.
Mr. Maupin believed that acquiring the property and the possible boardwalk extension would be a huge
benefit to the City, and that the value of the property far exceeds the risk associated with the property.
City Council Reg. Mtg. Minutes
Wednesday, September 7,2005
Page 5 of 6
Ms. Robinson did not believe that purchasing the property is necessary at this time.
Mr. McConnell did not support the purchase due to the risk involved that may involve a great deal of the
tax payers' money to deal with lawsuits and mitigation.
Mr. NYQren emphasized that a funding source has been identified to help with mitigation and therefore,
may choose to support this purchase.
7:16:15 M/S/C/U (Maupin/Short) Move to continue this issue to a month from now.
Due to the length of items heard, President Nygren moved PUBLIC RECOGNITION to be heard prior to
continuing GENERAL BUSINESS. . .
PUBLIC RECOGNITION
Barbara Payton announced that the NAACP will be hosting a Health Fair on Saturday, September 24
from 1 0:00 AM to 2:00 PM at the Norm Dicks Government Center. People may contact Gwendolyn
Shepherd at (360) 405-1450 or (360) 437-8039 for more information.
Don Larson announced that 15th Annual Sinclair Inlet Clean-Up will be held on Saturday, September 17
from 11 :00 AM to 2:00 PM. Volunteers will meet at the. Boardwalk by the Harborside parking garage and
free parking will be available. He also mentioned that the recent project completed by Andrew Owen by
the Warren Avenue Bridge will need a maintenance plan.
Mike Eliason Government Affairs Director for KITSAP COUNTY ASSOCIATION OF REALTORS, thanked
Planning Commission members for including the members in the stakeholders process for the zoning
update; thanked Council Members Gehring and McConnell for attending the Governor's Conference;
and looked forward to City Clerk's Paula Johnston's return.
7C - ORDINANCE NO. 4947 RELATING TO CITY OF BREMERTON'S FY2005 ANNUAL BUDGET
(#AB05.208): Laura Lyon, Director of Financial Services, mentioned that the Bremerton City Council
adopted the 2005 Annual City Budget by Ordinance No. 4921 on December 8, 2004. Certain programs
have been implemented and actions taken during the year which have an impact on the City's 2005
budget resulting in the need to amend the 2005 budget document.
The Council recessed at 7:28 PM for a taping break and reconvened at 7:31 PM.
There were no comments from the public.
Council Members thanked Laura Lyon for her efforts in clarifying mid-year adjustments as well as
improving the actual process; and Finance staff for their hard work on the budget. President Nygren
also thanked Mr. Maupin for his leadership on the Fiscal & Budget Committee.
7:36:50 M/S/C/U (McConnell/Robinson) Move to approve Ordinance No. 4947 amending Ordinance No.
4921 relating to the City of Bremerton's 2005 Annual Budget.
COUNCIL MEMBER REPORTS
Brad GehrinQ wished both Chief Rob Forbes and Matt Keough well in their future endeavors;
announced the 9-11 Memorial on September 10th beginning at 6:00 P.M. at Lions Field; and mentioned
that an Emergency Management Plan is being considered for the City in light of current natural
tragedies. Lastly, he wished his wife Patsy a 'Happy 26th Anniversary'.
Cecil McConnell expressed concerns over repeated road closures during festivals or activities and
hoped that street closures could be rotated so the same businesses would not be affected. He also
reported on his attendance at the Governor's Forum and thanked Mr. Eliason for inviting him.
City Council Reg. Mtg. Minutes
Wednesday, September 7,2005
Page 6 of 6
Mike Shepherd enjoyed the Blackberry Festival, but added that he too agreed that parking and access
issues need to be addressed; and provided information on a Big Band Concert to be held at the Admiral
Theatre on Friday, September 9.
Dianne Robinson thanked KITSAP COMMUNITY RESOURCES for providing backpacks to families from
Anderson Cove; and reiterated that the Health Fair will be on Saturday, September 24 from 10:00 AM to
2:00 PM at the Norm Dicks Government Center, which will focus on minority health care, diabetes, and
high blood pressure.
Will Maupin thanked Chief Forbes for his 25 years of service, and thanked Matt Keough for his work on
the Shaping Bremerton process as well as the Comprehensive Plan which will guide the community for
years. He reported on his attendance at the Puget Sound Regional Council Growth Management Board
and is interested in the discussion on the "2040 Plan" which will include Council Members and Mayors
from all around Puget Sound.
Mike Short also enjoyed the Blackberry Festival and hopes to see vendors spread out in future years to
allow better flow of visitors especially families with young children and hopes to have parking costs
addressed prior to next year's festival; stated that he will miss Chief Forbes and thanked Matt Keogh for
his professionalism in working with Council; and mentioned that the legislature will soon address the
issue of government's role in the land takings process.
Daren NYQren hoped that Council Member Carol Arends will make a speedy recovery and return soon;
and thanked BKA T volunteers for the time they have committed to making sure the meetings are aired.
With no further business, the meeting of the City Council was adjourned at 7:52 P.M.
Pregared and Submitted by:
~~
CHRISTINE GRENIER 1
Council Assistant
PA
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DAREN NYGREN, Ci
DN/PJ/ls/cge