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HomeMy WebLinkAbout04/21/2021 MINUTESCITY COUNCIL VIRTUAL MEETING MINUTES Wednesday, April 21, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, April 21, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Lori Wheat, and Pat Sullivan. Council Members Leslie Daugs and Michael Goodnow were absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Systems Engineer Hans Nilsson. President Gorman read a statement that to help reduce the spread of COVID-19, the Council Meetings are allowed to be conducted virtually until further notice; and announced that Item 6E has been pulled from tonight's agenda... MAYOR'S REPORT — A briefing was provided on the following: • The Sinclair Inlet Clean -Up Project was selected for the Kitsap County Earth Day 2021 Award; • Support was encouraged for our community's health, economic recovery, and local businesses; • City Attorney Roger Lubovich was recognized for his nearly 20 years of service to the City; and announced his retirement will be effective June 30, 2021. PUBLIC RECOGNITION — Comments were received from the following: Roy Runyon; Anna Mockler; Kiaha Low and Jeff Coughlin... CONSENT AGENDA 4A — Claims & Check Register: Check Numbers 393332 through 393473; and EFT V32619 through V32982 in the amount of $1,935,648.52; Regular Payroll (pay outs) for pay period ending March 31, 2021 in the amount of $10,228.09; and Regular Payroll for pay period ending April 15, 2021 in the amount of $911,742.71 4B — Minutes of Meeting —April 7, 2021 4C — Minutes of Study Session — April 14, 2021 4D — Confirm Appointment of Mike Barnet to the BKAT Citizens Advisory Committee 4E — Resolution No. 3338 to authorize Changes in Approved Signers in the Local Government Investment Pool There were no questions or comments from the public... 5:48 M/S/C/U (Younger/Wheat) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARINGS 5A — PUBLIC HEARING AND ORDINANCE NO. 5417 TO UPDATE THE SHORELINE MASTER PROGRAM: Senior Planner Garrett Jackson presented an overview of the proposed ordinance and amendments to the major periodic update of the City's Shoreline Master Program (SMP). The City participated in the optional joint review process for amending the SMP per WAC 173-26-104. The joint review process consolidates the local and Department of Ecology's public comment periods, speeding up the approval process. The Planning Commission held a Public Hearing on the draft amendments in November 2020. Following the hearing, response to public comment and SEPA Determination, the SMP amendments were submitted to the Department of Ecology for their Initial Determination. Ecology has recommended approval with specific required and recommended changes as seen in Attachments A and B. The attached Ordinance embraces all recommended and required changes City Council Reg. Mtg. Minutes Wednesday, April 21, 2021 Page 2 of 5 and have incorporated these changes into Planning Commission's recommendation. Please note that if this Ordinance passes, another public hearing will immediately follow for amendments to update the Critical Area Ordinance for consistency with the SMP updates. If this Ordinance is denied or continued, this would impact the next public hearing. To ease in the review, a Memorandum to City Council is added to this record which discusses changes to both the SMP and the Critical Area Ordinance for this periodic update. President Gorman explained the purpose of this Public Hearing is to accept public comment... Questions and comments from the public were provided by Roy Runyon and Anna Mockler; with responses provided by Mr. Jackson... With no further questions or comments, President Gorman closed the hearing to the public, and opened discussion to the Council... 6:14 Motion was made by Younger; and seconded by Simpson... Questions and comments were provided by Younger, Simpson, Wheat, Sullivan, and Gorman; with responses provided by Mr. Jackson, Vice President Dan Nickel with The Watershed Company, and Mayor Wheeler... 6:42 M/S/C (Younger/Simpson) Move to pass Ordinance No. 5417 to amend the Shoreline Master Program due to the 2021 Periodic Update. Voted in favor of Motion: Simpson, Younger, Sullivan, Gorman Voted opposed to Motion: Wheat Motion carried: 4-Yes; 1-No 513 — PUBLIC HEARING AND ORDINANCE NO. 5418 TO AMEND CHAPTER 20.14 OF THE BREMERTON MUNICIPAL CODE ENTITLED "CRITICAL AREAS" TO BE CONSISTENT WITH THE SHORELINE MASTER PROGRAM: Senior Planner Garrett Jackson presented the proposed ordinance which amends Chapter 20.14 of the Bremerton Municipal Code (BMC) entitled Critical Areas to be consistent with the Shoreline Master Program Update (that was passed in a separate public hearing and Ordinance). The update topics and following sections are summarized below: i. Wetland Buffers. Table changes to incorporate July 2018 Department of Ecology guidance (BMC 20.14.330(h) Wetland Buffers). The change results in slightly smaller buffers for lower functioning wetlands, so long as wetland minimization measures are met. ii. Buffer Flexibility. Adding flexibility for fish and wildlife habitat conservation area buffers (BMC 20.14.730). Small single-family projects of 500 square feet or less may be exempt from having to prepare a Habitat Management Plan, though they will still need to mitigate for the impact. Further, projects that cannot accomplish fish and wildlife conservation area buffers may request for a departure from prescribed buffers, so long as the mitigation proposal is agreed to by two state or federal resource agencies or tribes and can demonstrate equal or greater critical area protection. Please note that this effort to update the Critical Area regulations are based off the Shoreline Master Program update. Much the effort (including the Planning Commission process) and further analysis is described in the SMP Public Hearing Ordinance, which is not repeated here. President Gorman explained the purpose of this Public Hearing is to accept public comment... Comments from the public were provided by Roy Runyon; with a response provided by Mr. Jackson... City Council Reg. Mtg. Minutes Wednesday, April 21, 2021 Page 3 of 5 With no further questions or comments, President Gorman closed the hearing to the public, and opened discussion to the Council... 6:46 Motion was made by Younger; and seconded by Simpson... Questions and comments were provided by Younger; with responses provided by Mr. Jackson... 6:50 M/S/C (Younger/Simpson) Move to pass Ordinance No. 5418 amending Chapter 20.14 BMC entitled "Critical Areas" to be consistent with the Shoreline Master Program Update Voted in favor of Motion: Simpson, Younger, Sullivan, Gorman Voted opposed to Motion: Wheat Motion carried: 4-Yes; 1-No GENERAL BUSINESS 6A — RENEWAL OF AFFILIATION AGREEMENT WITH TACOMA COMMUNITY COLLEGE: Fire Chief Pat McGanney summarized that the purpose of this agreement is for the Bremerton Fire Department to commit to training health care professionals, to provide desirable clinical learning experiences and facilities for Tacoma Community College Healthcare students. Questions from the public were provided by Roy Runyon and Anna Mockler; with a response provided by Chief McGanney... 6:56 Motion was made by Sullivan; and seconded by Simpson... Questions and comments were provided by Sullivan, Simpson, Younger, and Gorman; with responses provided by Chief McGanney... 7:00 M/S/C/U (Sullivan/Simpson) Move to approve the Renewal Affiliation Agreement with Tacoma Community College; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 613 — INTERLOCAL AGREEMENT TO ESTABLISH KITSAP COUNTY FIRE TRAINING CONSORTIUM: Fire Chief Pat McGanney stated that the purpose of this Agreement is to establish a county wide Training Consortium to enable joint fire training activities and operations. Each Agency shall retain full authority for and jurisdiction over fire protection, prevention and suppression, emergency medical services, boundaries, elections, budgets and all other matters not specifically addressed in the Agreement. Questions and comments from the public were provided by Roy Runyon, Mark Camp, Anna Mockler, Kiaha Lonp, and Deborah McDaniel; with responses provided by Chief McGanney and Mayor Wheeler... 7:13 Motion was made by Wheat; and seconded by Younger... Questions and comments were provided by Wheat, Younger, Sullivan, Simpson, and Gorman; with responses provided by Chief McGanney.. . 7:22 M/S/C/U (Wheat/Younger) Move to approve the Kitsap County Fire Training Consortium Interlocal Agreement; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6C — ORDINANCE NO. 5419 AMENDING SECTION 3.50.050 OF THE BREMERTON MUNICIPAL CODE TO SIMPLIFY STREET FUND BUDGETING & RELATED BUDGET REALLOCATION: Public Works & Utilities Director Tom Knuckey summarized that the City has three "Street" funds with overlapping responsibilities. The current organization is confusing, overly complex, and results in loss of staff time in managing the budgets included in the three funds. Staff request budgeting for Street Improvements be collapsed into two funds with the Street Fund City Council Reg. Mtg. Minutes Wednesday, April 21, 2021 Page 4 of 5 responsible for operations and major maintenance of all streets, and the Transportation Projects Fund responsible for all street capital improvements. Making this revision eliminates the Residential Street and Sidewalk Fund and requires a revision to BMC 3.50.050 to direct stormwater utility tax to the Transportation Projects Fund. Residential Street project and Transportation Benefit District expenditure reporting will be accomplished using improved accounting practices. Questions and comments from the public were provided by Roy Runyon and Mark Camp; with responses provided by Mr. Knuckey and Financial Services Director Mike Riley... 7:37 Motion was made by Wheat; and seconded by Younger... Questions and comments were provided by Younger, Simpson, and Sullivan; with responses provided by Mr. Knuckey and Mr. Riley... 7:42 A-M/Failed due to the lack of a Second (Simpson/) Move to amend the Ordinance so that all three portions of the Utility Tax (Water, Stormwater, and Wastewater) go into the two funds which are being designated in the current Ordinance; and that the amount of the tax be reduced year over year by 1 % until all three of the taxes are reduced to 10%. 7:46 M/S/C/U (Wheat/Younger) Move to pass Ordinance No. 5419 to amend Bremerton Municipal Code Chapter 3.50.050 to allocate Stormwater Fees or Taxes to the Transportation Projects Fund; and approve a budget amendment to reallocate the Residential Street and Sidewalk Fund Budget to the Street Fund and Transportation Projects Fund. 6D — MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC. FOR BODY CAMERAS AND IN -CAR RECORDING EQUIPMENT FOR THE POLICE DEPARTMENT: Captain Tom Wolfe stated that the Bremerton Police Department was requesting approval to purchase fifty (50) body cameras and in -car recording equipment. Body -worn cameras can serve both the department and the community as an accountability function. They wish to purchase the equipment from Axon Enterprises, Inc., a participating contractor on the State of Washington's NASPO list of contracts, No. OK-MA-145-015. Questions and comments from the public were received by Roy Runyon and Kiaha Long; with responses provided by Captain Wolfe; and Axon Enterprises representatives Bobby Driscoll and Amy N_guyen... 7:59 Motion was made by Sullivan; and seconded by Simpson... Questions and comments were provided by Sullivan, Simpson, Younger, and Wheat; with responses provided by Captain Wolfe and Mr. Driscoll... 8:17 M/S/C/U (Sullivan/Simpson) Move to approve the agreement; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6E ORDINANCE non 6420 TO REPEAL AND REPLAGE CHAPTER6.32 OF THE BREMERTON MUNICIPAL GODS ENTITLED "NOISE LEVELS": S": This item was pulled; and will be presented at the Council Meeting on May 5, 2021 to receive public comment only, followed by proposed Council action at the Council Meeting on May 19, 2021... COUNCIL MEMBER REPORTS Eric Younger explained his reason for not supporting the amended motion suggested earlier in the meeting related to the utility tax, because he has a proposal that he plans to bring forward soon. City Council Reg. Mtg. Minutes VVedneadey, April 21.2021 Page 5of5 Mike Simpson noted several significant events on Aoh| 15—it's National Tan Day; Annual PenenDo| Financial Affairs Statements are due for elected officials by the Public Disclosure Commission; and it's the day the Titanic sank off the Newfoundland coast in 1912; and commented onthe continued government enforced |ookdovvn. Lori Wheat expressed her appreciation formemberaofthepub|iowhotookUleUmetnsubmittheir comments; shared a personal experience of a past Sinclair Inlet Clean -Up; and announced that she recently received her first vaccine. Pat Sullivan commented that she also did not support the amended motion without having a statistical background of how the proposal would affect the City; and hoped everyone has a wonderful week. President Gorman shared that healso received his first vaccine; inhonor ofAdministrative Professionals Day, expressed his appreciation toCouncj|auppodotaffnlen)bersLohGnnUhand Christine Grenier, and gifted them each with a house plant; on behalf of District 5 Council Member ;Wiohae|Boodnnvv shared that the Department ofCommunity Development will behosting o Virtual Charleston Community Meeting on Thursday, April 22 at 7:00 PM to discuss "Potential Code Updates"; and reminded the public that all meetings will be held by Zoom until further notine, including the Study Session next week onWednesday, April 2O.2O21 beginning at5:UUPM. With no further business, President Gorman adjourned the Council Meeting at 8:28 PM. Prepared and Submitted by: LOR|GK8|TH Legislative Office Manager APPROVED by the City Council onthe 5mday of May,2021.