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HomeMy WebLinkAbout10/05/05 ----- COIICL DIGITAL RECORDING ,1fIIVIO . , . . . CITY COUNCIL MEETING MINUTES .t*)V .,.~ .2005 Wednesday, October 5,2005 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, October 5, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich, Deputy City Clerk Cherie Henry, and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Reverend Scott Huff of St. Luke's Methodist Church. President Nyaren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and changes to the agenda include Item 7 A was pulled; Item 7C was added; and that PUBLIC RECOGNITION would be heard after PUBLIC SERVICE ANNOUNCEMENTS tonight. MAYOR'S REPORT - Mayor Bozeman... . Introduced Gary Sexton, Economic Development Director, who provided a photo of a new memorial that has been installed on the Boardwalk in memory of Louis Mentor; . . Stated that Gary Sexton had contacted CHEVRON, INC. regarding the property near Evergreen Park, and because they seem willing to work with the City to help mitigate offshore contamination and offered possible relief from liability, 60 days is being requested to get these measures in writing and time for the Legal staff to draft a Purchase & Sale Agreement with the expectation for closing on the sale by the end of the year; . Announced that the City received the $561,000 payment for the Sullivan property, which was then deposited into the Parks & Recreation Fund to be used for future park purchases; . Mentioned that the Picnic Shelter Ground Breaking Ceremony will be held tomorrow at Lions Field beginning at 12:30 P.M.; and . Hoped Council would support the sale of the Tracy ton property. PUBLIC SERVICE ANNOUNCEMENTS - President Nygren... . Invited Council Member Dianne Robinson to present the City Pride Program Award for the Month of September 2005 to District 6 residents Laurence & Mary Hoback of the 2500 block of North Lafayette Avenue; . Presented James E. Parks and his dog Raynbow with a Certificate of Appreciation for Good Citizenship and Community Service for his efforts in neighborhood clean-ups in Manette; . Read a proclamation to proclaim October 16, 2005 as "Crop Walk Day" which was accepted by Reverend Scott Huff of St. Luke's Methodist Church; and . Invited Council Member Mike Shepherd to read the proclamation to proclaim October 23, 2005 as "Ebenezer A.M.E. Church 93rd Anniversary Celebration Day", which was accepted by Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church. PUBLIC RECOGNITION - There were no comments by the public... City Council Reg. Mtg. Minutes Wednesday, October 5,2005 Page 2 of 5 CONSENT AGENDA A. Check Numbers 303009 through 303164; EFT-8601 through EFT-8604; EFT-8606 through EFT-8613; EFT-8615 through EFT-8618; 8605P; and 8614P in the amount of $893,991.16; Retiree Payroll for the pay period ending 9/30105 in the amount $73,648.04 (#AB05-225) B. Minutes of Meeting - September 21, 2005 (#AB05-226) C. Minutes of Meeting - September 28, 2005 (#AB05-227) D. Bid Award to THYSSEN KRUPP ELEVATOR for Hydraulic Passenger Elevator Replacement and Modernization at the 4th Street & Washington Parking Garage (#AB05-228) E. Contract Award to NORDIC CONSTRUCTION, INC. for Reservoir Nos. 21 & 22 Seismic Upgrade Project (#AB05-229) F. Transfer of Risk Management Funds to General Fund (#AB05-230) There were no comments from the public. 5:55:00 MISICIU (Priest/McConnell) Move to approve the Consent Agenda as presented. 6A - PUBLIC HEARING AND RESOLUTION NO. 2981 REGARDING PURCHASE AND SALE AGREEMENT WITH BEALKO, INC. OF $1.4 MILLION FOR 38.89 ACRES OF CITY-OWNED SURPLUS PROPERTY IN TRACYTON (#AB05-231): Phil Williams, Public Works & Utilities Director explained that the City has received and evaluated a proposal for the purchase of the 38.89 acre Tracy ton property. The successful proposal is a $1,400,000 offer from BEALKO, INC, for construction of a residential development of 100 units on approximately half of the site. The actual lot count and development details will be determined during the preliminary plat process. Scot Groulik noted that he provided an e-mail and letter to the Council to express his concerns regarding the sale of this property which included access to the property and destruction of critical area. ROQer Lubovich, City Attorney, explained that the issues raised by Mr. Groulik would be evaluated during the permit process, and opportunities for public comment would be provided as part of that process. Helen Miller asked questions regarding project financing and was concerned over enforcement of buffers around critical area. President Nyaren requested that Ms. Miller submit her questions in writing to receive an answer. William Bradford, property owner on the northwest corner of the proposed sale, opposed the sale since the land is critical area that he believed should be preserved. Pat Fitzaerald urged the Council to vote with their "heart" and to not sell the property, but rather to preserve this property for the children of the future. Mr. Shepherd asked for clarification on the zoning designation of this property, and asked if this property was listed as a "critical area". Mr. Williams responded that the County Comprehensive Plan shows this property zoned for residential development, and that this property is designated as an Urban Growth Area in the Growth Management Plan. Mr. Nyaren pointed out that this property is also within the City's Urban Growth Area and under the Growth Management Act, the property was slated for development. Mr. Maupin commented that based on 100 lots over the 38 acres, the density is approximately 5 units per acre. City Council Reg. Mtg. Minutes Wednesday, October 5,2005 Page 3 of 5 Mr. McConnell asked how many buildable acres are within the property after subtracting City utility easements and setbacks; and stated that he would not support the sale without a fixed number of lots to be built. Mr. Williams stated that 18- acres is developable, and added that there will opportunities to comment regarding the overall layout of the project during the planning process. Mr. McConnell Clarified that he agreed with the sale of the property but disagreed on how the contract is written. Mr. Short believed that the conceptual drawing of the project accomplishes growth with provisions to protect some of the trees, and thought that only about a third of the property would have buildings on it. Mr. Williams added that at this point, less than half of the property is actually buildable. Mr. Nyaren responded to Mrs. Miller's question regarding project financing, and stated that there is no City standard for setting sale prices of property since each property is unique; though by offering a rebate to the buyer at $15,000 per site for what may turn out to be unbuildable areas is a fair compromise. 6:25:03 MISIC (Arends/Short) Move to pass Resolution No. 2981 declaring the Tracy ton property surplus to the City's needs and authorizing the sale of the property to BEALKO, INC. for $1,400,000, and further to modify the 2005 Budget to place the earnest money proceeds into Fund 401. Voted in favor of Motion: Priest, Shepherd, Robinson, Arends, Maupin, Short, Gehring, Nygren Voted opposed to Motion: McConnell Motion carried: 8-Yes; 1-No 7A PURCHASE AND SALE AGREEMENT BETIVEEN THE CITY OF BREMERTON AND CHEVRON USA INC REGARDING j\CQUISITION OF REAL PROPERTY ADJACENT TO EVERGREEN PARK (#AB05 207) Item was pulled 7B - RESOLUTION NO. 2980 AMENDING THE CITY COUNCIL RULES & PROCEDURES TO ALLOW "TELEPHONIC APPEARANCE" (#AB05-222): President Nyaren explained that the City Council desires to update their Rules & Procedures to provide for attendance at meetings via telephone. The proposed resolution amends the current Rules of Procedure to provide for attendance at meetings via telephone under certain circumstances. Mr. Lubovich clarified that Council could only utilize this measure when action on an item can not be delayed and one of the following conditions are met: 1) emergency situation needs to be addressed; 2) vote of the whole Council is required; and 3) a unanimous vote is required. Adam Brockus identified himself as a candidate for the Council District 3 seat, and then stated that in light of recent disasters, it would be prudent to allow people some flexibility in continuing operations and business. Helen Miller requested a point of order with respect to references regarding an individual's political campaign while public comment was taken on items. Mr. NYQren noted her concern. Carol Arends explained that it is on a very rare occasion that a vote is required by all nine Council members to be present for a vote. City Council Reg. Mtg. Minutes Wednesday, October 5,2005 Page 4 of 5 Brad Gehrina added that an emergency plan is already in existence, therefore believed this policy is unnecessary at this time. Mr. McConnell agreed that the policy may not be needed, but would support it since it does address the possibility of an extreme occurrence so that business would not be hindered. Mr. Maupin believed that the policy may be too restrictive with its use; was concerned over the stretching of the definition of emergency; and suggested a change in language regarding emergencies. Mr. Shepherd emphasized that there is little possibility of abuse given the way the policy is written. Mr. NYQren stressed that the telephonic appearance would not be used merely for "convenience." 6:38:05 MISIC (Maupin/Short) Move to pass Resolution No. 2980, amending the Rules & Procedures for the City Council, as amended, to add "or more" in the last sentence of paragraph 7(a). Voted in favor of Motion: Priest, Shepherd, Robinson, Maupin, Short, McConnell, Nygren Voted opposed to Motion: Arends, Gehring Motion carried: 7-Yes; 2-No 7C - REQUEST TO AMEND COMPREHENSIVE PLAN OUTSIDE THE BIENNIAL PROCESS (#AB05-232): Andrea Spencer, Planning Manager for the Department of Community Development, explained that the City of Bremerton Planning Commission, as a result of its review of the zoning amendments, has recommended that the Oyster Bay Neighborhood Center as designated in the Comprehensive Plan Land Use Map be reduced in size in order to maximize the pedestrian friendly theme of a walkable mixed-use living environment. Implementation of this recommendation requires an amendment to the Comprehensive Plan outside the Biennial Process. There were no comments from the public. 6:44:35 The main motion was made, but no vote was taken as a lengthy discussion followed... Mr. Shepherd asked to amend the Motion to include the commercial areas generally bounded by Chester & Warren and 6th & Burwell. 7:00:55 MISIC (Shepherd/Robinson) Move to include "the commercial area generally bounded by Chester and Warren, and 6th and Burwell". Voted in favor of the motion: Shepherd, Robinson, Maupin, Gehring, Priest, Nygren Voted against the motion: Arends, Short, McConnell Amendment carried: 6-Yes; 3-No 7:01 :57 MISICIU (Short/McConnell) Move to find that an emergency situation as defined by BMC 21.06.050(e) exists and authorize staff to initiate a Comprehensive Plan amendment process outside the biennial review period to consider amending the Oyster Bay Neighborhood Center and the commercial area generally bounded by Chester & Warren, and 6th & Burwell. City Council Reg. Mtg. Minutes Wednesday, October 5,2005 Page 5 of 5 COUNCIL MEMBER REPORTS Brad Gehrina indicated this was the Jewish holiday Rosh Hashanah; and thanked the volunteers who helped fundraise at the Biker Blues Blast held a few weekends ago to benefit veterans and the ABATE Scholarship Fund. Mike Shepherd reported on the "One Church, One Family" program to provide help for Hurricane Katrina victims, and thanked all the volunteers; expressed condolences to Council Member Robinson for the loss of a family member; and invited the community to participate in First Friday Art Walk activities this week. Dianne Robinson invited the church community to attend the "One Church, One Family" presentation from 12:00 to 2:00 P.M. at the Norm Dicks Government Center to see how they can get involved in helping with the Hurricane Katrina relief effort. Carol Arends was glad to be back after missing several Council meetings due to a broken ankle. Will Maupin reported on the first meeting of the Lodging Tax Advisory Committee and added that and a second meeting has been scheduled for Friday, October 14. He also announced that the Committee would meet again to develop a better process; and reported on the monthly Fiscal & Budget meeting held this morning. Daren Nyaren announced that a ground breaking ceremony for the picnic shelter will be held on Friday, October 7 beginning at 12:30 PM at Lions Field. The Bremerton Central Lions Club has worked with the Parks Department to establish the picnic shelter and money for the project was donated by the Lions Club and a grant provided through the Community Development Block Grant Program. With no further business, the meeting of the City Council was adjourned at 7:15 P.M. pry;:!~ LORI SMITH Legislative Assistant ~--- ncil resident DNIPJllslcge