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HomeMy WebLinkAbout10/15/2008 CITY COUNCIL MEETING MINUTES '.GUR !RMD NOV 5 ZOOI DIGITAL RECORDING Wednesday, October 15, 2008 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 15, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were Assistant City Attorney Mark Koontz; City Clerk Carol Etgen; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Reverend Ron Anderson of the Manette Community Church. President Maupin announced that a Briefing Session to discuss General Council Business was held prior to the meeting; Changes to the meeting agenda include: 1) Item 5G has been moved from Consent Agenda and will be heard as Item 6A under General Business and 2) Former Item 6A will be heard as Item 6B under General Business. MA VCR'S REPORT President Maupin read a proclamation on behalf of the Mayor supporting Bremerton High School's" 2008 - 2009 Dare Not To Swear Campaign". The proclamation was accepted by Madonna Hanna, Coordinator for the "Dare Not To Swear" Campaign, who encouraged City employees and students in the Bremerton School District to participate in the yearlong campaign. Students also provided a brief rap performance of the campaign's message. PUBLIC RECOGNITION & ANNOUNCEMENTS Dianne Robinson announced the 96th Annual Celebration for Ebenezer African Methodist Episcopal Church which will be held on Sunday, October 19 beginning at 4:00 P.M. at the Comfort Inn located at 5640 Kitsap Way. Please contact (360) 373-1063 for more information. Roy Runyon announced the "Safe Trick or Treat" event on Halloween, October 31 from 5:00 to 8:00 PM in the downtown area. There will be a costume ball, harvest festival, and hayrides. For more information on the event or how to volunteer, please contact Chris at (360) 479-3844. Also, candy donations for the trick or treat event may be dropped off at Simply Renewed on Pacific Avenue. Brad Gehrina encouraged people to attend Red Cross Safety Saturday on October 25 at Ridgetop Junior High School in Silverdale. The event is geared towards youth ages 7 -12. Interested citizens may contact (360) 478-7685 for more information. Adam Brockus announced that the Manette Bridge is not closed this week but will be closed November 17 to 20; and asked that any voters who have not received ballots or have questions, to contact the Elections Office at (360) 337-7128. Will Maupin announced the Council will be participating in a Joint Study Session with the Bremerton School District to discuss the Collaborative School Siting Study on Thursday, October 23 from 5:00 to 7:00 PM. The meeting is open to the public and will be held at the School District Office located on Marion Avenue. CONSENT AGENDA A Check Numbers 327543 through 327914; and EFT-8181 through EFT-8219 in the amount of $2,625,219.53; Regular Payroll in the amount of $751,118.39 for the pay period ending September 30, 2008 (#AB08-215) City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 2 of 8 B. Minutes of Meeting - September 17, io08 (#AB08-216) C. Minutes of Meeting - October 1, 2008 (#AB08-217) D. Minutes of Study Session - October 8, 2008 (#AB08-218) E. Contract with BREMERTON HOUSING AUTHORITY for Supplemental Police Services (#AB08-219) F. Award of Goods & Services Agreement to C. CRONAUER CONSTRUCTION for Gorst Creek Debris Removal on City Property (#AB08-220) 05:46:50 M/S/C/U (RunyonlWofford) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - RESOLUTION NO. 3070. APPROVING AN INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR THE TRANSFER OF REAL PROPERTY AND AUTHORIZING THE SALE OF THE CENCOM PROPERTY (#AB08-221 ): Phil Williams, Public Works & Utilities Director, explained that the City has received an offer to purchase the property commonly known as CenCom property and adjacent parcel currently owned by Kitsap County for $505,000. Kitsap County has agreed to transfer its property to the City in order to facilitate sale in exchange for compensation in the amount of $100,000 to be paid form the proceeds of the sale. In the event the sale to the Johnson's does not close, the City will have the option to purchase the adjacent property. The proposed resolution approves the Interlocal agreement with Kitsap County for the transfer of its parcel and authorizes the sale of the entire property to the Johnson's. Mike Shepherd emphasized that the property is underutilized and is pleased that the sale is moving forward. Roy Runyon provided his support for the sale and was pleased that funds would go towards the Municipal Court. Brad Gehrina asked if the tower would remain part of the property. Mr. Williams responded yes. 05:50:35 M/S/C/U (Shepherd/Runyon) Move to pass Resolution No. 3070 approving the Interlocal Agreement with Kitsap County for the transfer of real property and approving a negotiated sale of the property commonly known as the CenCom property; and authorize the Mayor to sign the Interlocal agreement. 6B - ORDINANCE NO. 5060 AMENDING SECTION 13.04.140 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO THE SALE OF BEER AND WINE AT OLYMPIC SOCCER & SPORTS CENTER IN PENDERGAST PARK (#AB08-222): Wyn Birkenthal, Parks & Recreation Director, explained that the owners of the Olympic Sports & Soccer Center (OSSC), an indoor facility which operates through a concession agreement managed by the Parks & Recreation Department, has petitioned the City to allow the sale of beer and wine within the mezzanine food service area of the OSSC building. The proposed ordinance amends BMC Section 13.04.140 to allow the sale of liquor under certain conditions at the Olympic Sports & Soccer Center. On August 26, 2008, the Park Board (voting 5 in favor, 1 opposed) recommended the ordinance to City Council. On September 15th, the Public Safety & Parks Committee narrowed the language of the proposed ordinance to state "sale of beer and wine" in place of using the general term of "alcohol". Richard Nerf, Parks & Recreation Commission, informed Council that the commission spent three meetings discussing this matter and hoped that Council would follow through with the commission's recommendations; and believed that serving alcohol should be considered on a case by case basis. City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 3 of 8 Bill North, Parks & Recreation Commission, did not support the commission's recommendations; believed that the lapse in business may be due to the economy or reduced interest in adult soccer leagues; emphasized that alcohol should not be served in a public park and that service does not meet the park's mission in providing recreational opportunities to the community; and suggested that the business owners provide a written business plan and cost analysis regarding serving alcohol. Tom Clavton stated that the facility is intended for recreation and socializing after the game; and believed that people would treat the drinking as part of that socializing in a responsible manner. Mark Grindrod agreed that socializing after games is quite common and players have a drink at facilities where this is allowed; and has seen business go to competitors' facilities that offer the service. Lois Stromberg, essc Manager, reiterated that gas prices and the economy has impacted business and hoped that by providing this service, some teams may return to Pendergast Park. Mike Chaplis emphasized that drinking in the soccer venue is minimal and does not foresee any problems with offering alcohol. Lvnn Frei asked Council to consider which way the social standard is going by authorizing the sale of alcohol at a park. Trish Jose does not believe alcohol is a necessity but thought it would be a nice amenity to offer that would improve the social atmosphere; and believed that this may not provide a lot of revenue but people may spend money there instead of leaving and going to another establishment. Del Lang emphasized that when he had played soccer at facilities where alcohol was not served, people brought their own coolers with beer and soda. Tom Calgary has witnessed teams who self-police and drink lightly, and children are not affected. Main Motion was made at 6:20 PM and discussion by Council Members continued... Cecil McConnell asked if there is any mention of selling alcohol in the contract with Olympic Sports & Soccer Center; and in his opinion, the proposal is a major change in use and should not be approved. Wvn Birkenthal replied that the contract is silent on this issue. Adam Brockus suggested moving the alcohol service into another space, separate from the main entry to the facility; and would have less concerns if drinking were re-Iocated in a restricted area away from families in the main dining area. Dennis Michael, OSSC owner, discussed plans for ongoing renovations; and explained that there are exits on the lower level away for the current eating area so people could exit away for those eating and drinking. Nick Wofford asked if the owner will be taking precautions to monitor players for alcohol consumption; and added that during other sports events, there is no separation of drinkers from non-drinkers. Dennis Michael responded that individuals will be held responsible and accountable according the State Liquor Control Board rules; and staff would receive training to serve appropriately. Brad Gehrina expressed concerns about the City's liability. Mr. Birkenthal answered that there is a hold harmless agreement between essc and the City, so the City is not held liable for any actions by people at the facility. Mr. Gehring then asked if serving alcohol would make a positive impact on the business. Mr. Michael did not expect to make up losses in business through the alcohol and serving alcohol is something that his customers have asked for and will encourage City Council Reg. Mtg. Minutes Wednesday, October 15,2008 Page 4 of 8 people to stay and order food while socializing. Mr. Gehrina also asked if sales would be available to anyone in the complex. Mr. Michael stated that beer and wine would be sold after adult soccer games and people who are at the center at that time could purchase alcohol. M!:. Gehrina hoped that the City would be consistent in the setting of its policy regarding this issue. Rov Runvon stated that this issue has been through lengthy public meetings, a legal opinion has been provided clarifying that this is not a change in use, and that the owner is willing to obtain an insurance rider to indemnify the City, and the business practices will have to be reviewed by the State Liquor Control Board; hoped that there could be some division between drinking adults and children; and believed that beer or wine is an amenity but not a major draw to the facility and supported the sale and offering people an opportunity to demonstrate responsible drinking. Mike Shepherd agreed that there seems to be a conflict with serving alcohol at a public facility but believed that this arrangement should be reviewed so the business can continue its success. Carol Arends emphasized that the original plan was to have a facility with programs and events for youth; did not support serving alcohol and stated that it is not a necessity; and was concerned about liability to the City. Dianne Robinson did not support having alcohol around children and hoped for a better plan in addressing the liability. Will Maupin commented that the primary activity is soccer and socializing or drinking after the game was quite common; added that from previous experience the group would gather in a separate room; and believed that the City could support local businesses and address liability at the same time. Mr. Brockus encouraged players to support local businesses near Pendergast Park who serve alcohol. Mr. Maupin thanked members of the public for submitting letters and providing their comments tonight regarding this issue. 06:58:55 M/S/C (RunyonlWofford) Move to pass Ordinance No. 5060 amending BMC Section 13.04.140 relating to the sale of beer and wine at Olympic Soccer & Sports Center. Voted in favor of the Motion: Runyon, Shepherd, Wofford, Gehring, Maupin Voted opposed to the Motion: Brockus, Robinson, Arends, McConnell Motion carried: 5-Yes; 4-No Council Members recessed from 7:00 to 7:07 PM... PUBLIC HEARINGS 7A - ORDINANCE NO. 5061 VACATING A PORTION OF CARR BOULEVARD AND RESERVING CERTAIN EASEMENTS (#AB08-223): Michael Mecham, City Engineer, pointed out that the applicant for this right-of-way vacation is also the developer of the Lakeland Lodge Complex, an assisted senior housing complex. The project occupies portions of the existing right- of-way of Carr Boulevard. The applicant petitioned the City to vacate the right-of-way within the project and relocate the street southerly of its current position. The connection to Lyle Avenue from Carr Boulevard is currently within 150 feet of the intersection of Kitsap Way and Lyle Avenue. The relocated street will provide better sight distance for the two intersections, better overall operating characteristics and superior function to the existing Carr Boulevard. This is a Class II right-of way and as the area for the new roadway and the portion to be vacated is roughly equal, compensation will be paid in form of the new roadway dedication. City Council Reg. Mtg. Minutes Wednesday, October 15,2008 Page 5 of 8 Mr. Mecham made a presentation which included the following information... that law enforcement and emergency services as well as the School District believed that there would adequate access. Also, the grades range from 2 to 12 % but there is the possibility to decrease grades in some places along Carr Boulevard. An improvement will be made at the intersection between Carr Boulevard and Lyle Avenue which would allow some area for deceleration during snow or icy conditions. Notice was provided to abutting property owners and posted onsite and at city hall. Jerry Vandeariffe expressed concerns about the steep hills and believed for a short road this would pose a problem during winter conditions; this proposed project would impact his egress from his neighborhood; and emphasized that many seniors and children live in the neighborhood and believed that alternative routes for emergency vehicles would be removed by supporting this Del Lana also expressed concerns about the steep grade of the road and during winter weather, one vehicle travels at a time; commented on the lack of notice for this meeting; and hoped that the grade could be reduced to improve access. Cathy Tona stated that the area has a lower volume of traffic but that emergency access needs to be assured to the residents; and was concerned about the delay in notifying the public and the steepness of the road. La Von Willey did not agree with the proposal and this would eliminate the direct and safe route into Bremerton; and expressed concerns about the grade of the road especially during winter. Walt Schreiber expressed concerns about emergency access. Lola Armstrona also expressed concerns about safety during winter; in its current configuration Carr Boulevard allows traffic to move smoothly and safely; any changes would not improve safety and access; and suggested the installation of a traffic signal at the intersection with Kitsap Way. Dick Mayo reiterated that the revision will isolate approximately 50 residents during snow conditions and will ultimately lead to abandoned vehicles and blocked access to emergency care. Crystal Rice believed that the change will make it harder to go uphill and stop traveling downhill. Amanda Thorn believed that grade should be equal or less than the current grade on Carr Boulevard; does like the part of the proposal that reconfigures the road from a "y" to a "t". Kiar Willey was also concerned about emergency access. Crystal Rice asked for the purpose of the short sidewalk. Mr. Mecham answered that the intent of the sidewalk is to begin efforts of being more pedestrian friendly. Mr. Williams added that there is not enough funding to install complete sidewalks and that the sidewalk is being installed by the project developer to meet our codes. Eventually, the remaining portion of the sidewalk will be installed. Mr. Mecham responded that "t" intersections are preferred to "y" intersections; that the actual grade is 1 0% but with further design work the grade may be closer to 8%. The applicant will be constructing the portion of the side Main motion was made at 7:42 PM and discussion by Council Members continued... Mr. Wofford clarified that the grade is not changing along the route; and supported the proposed vacation. Mr. Runyon asked if sanding would be considered during winter and if the grade will be reduced. City Council Reg. Mtg. Minutes Wednesday, October 15,2008 Page 6 of 8 Mr. Mecham answered that main streets followed by roads with steep grades like Carr Boulevard. Also, he hopes to get the developer to reduce the grade to 8%. Mr. McConnell expressed concerns that the developer may ultimately cause problems for neighbors. Mr. Gehrina was disturbed that information is being provided to residents by an anonymous author and much of the information is inaccurate. Mr. Shepherd expressed confidence in the review from Public Works and Fire Departments; and would have liked that people could contact the city to discuss concerns and to review the facts; hoped that the safety of the corner be considered in the project; and believed that improvements will eventually be made along Lyle Avenue. Mr. Mecham added that there are no plans to install a light at Kitsap and Lyle since there is no additional traffic expected. Mr. Brockus believed that there can be difficulty going up Lyle but that the proposal does ultimately improve the road. Mr. Maupin emphasized that this project would promote development in an urban growth area which would benefit residents. Ms. Arends clarified that discussion about the project has been going on for some time and was concerned that the road reconfigurations were not discussed earlier in the process; and believed that there are some unanswered questions that need to be addressed. Mr. McConnell added that while misinformation was provided to the residents, their testimony was based on first hand experience. Ms. Robinson asked if residents were notified, and if not, why. Mr. Mecham answered that abutting property owners to the project were notified regarding the public hearing. Ms. Spencer pointed out if the right-of-way were approved, then Community Development would issue a notice for the public hearing before the Hearing Examiner set for November 3 to residents. Mr. Gehrina asked if the public will have an opportunity to attend the hearing. Ms. Spencer stated that if this goes forward, residents living within 300-feet of the project site will be notified. 08:02:36 M/S/C (Wofford/Shepherd) Move to pass Ordinance No. 5061 for vacating a portion of Carr Boulevard and reserving certain easements. Voted in favor of the Motion: Runyon, Shepherd, Robinson, Wofford, Gehring, Brockus, Maupin Voted opposed to the Motion: Arends, McConnell Motion carried: 7-Yes; 2-No 7B - ORDINANCE NO. 5062 ADOPTING THE 2008 COMPREHENSIVE PLAN AMENDMENT DOCKET (#AB08-224): Andrea Spencer, Community Development Director, stated that the action before the Council is to conduct a public hearing and the consideration of the 2008 Comprehensive Plan Amendment Docket. The amendment docket contains both comprehensive plan text and map changes, and is summarized as follows: 1) Cartographic updates to the Official Land Use Map 2) Land use map change for Fire Station NO.2 on Oyster Bay Avenue 3) Land use designation for the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) 4) Establishing land use equivalencies for Bremerton-associated UGA's and 5) Establishing land use designations for City-owned parcels outside of City limits. City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 7 of 8 Richard Nerf asked for clarification on the location of the fire station. Ms. Spencer answered Arsenal Way. Main Motion was made at 8: 16 PM. Mr. Brockus asked if there would be any changes needed for the proposed Fire Station location at Oyster Bay Avenue. Ms. Spencer answered no changes are needed. Mr. McConnell disagreed with the parcel line including the golf course. 08:17:38 M/S/C/U (Robinson/Runyon) Move to pass Ordinance No. 5062 adopting amendments to the Comprehensive Plan Text and Official Land Use Map. 7C - ORDINANCE NO. 5063 AMENDING BREMERTON MUNICIPAL CODE (BMC) SECTION 20.40 "DEFINITIONS" AND 20.58.060 "RESIDENTIAL CLUSTER DEVELOPMENT" (#AB08- 225): Nicole Ward, Community Development, summarized that the action before Council is to conduct a public hearing and adopt amendments to BMC Section 20.40 "Definitions" and 20.58.060 relating to "Residential Cluster Developments". The proposed amendments are to 1) establish clearer development standard; 2) eliminate duplicate sections of the code; and to 3) reformat and reorganize the chapter for reader ease. The Planning Commission has provided its support for these proposed changes. There were no comments from the public. Main Motion was made at 8:30 PM and discussion by Council Members continued... Mr. Shepherd thanked Ms. Ward for the work she has done on this issue; and offered his support in moving housing in the right direction. Ms. Robinson also thanked Ms. Ward for her research work in preparation of this item, especially during the Planning Committee review. Mr. Runvon asked if any developers have commented on this proposal. Ms. Ward responded that she has received phone calls in support of clusters and that clusters allows for creativity in where to place parking. Ms. Spencer added that this will actually improve availability of project sites. Mr. Gehrina agreed that this is a great plan and asked if this code change would modify the definition of open space throughout the code. Ms. Ward answered that there will be limitations what can be done in open space. Mr. Gehrina pointed out various "gray" language issues regarding setbacks and lot lines. Ms. Ward provided background information in response. Mr. Wofford asked if the pervious surface will be included. Ms. Ward responded that the pervious surface is like grass and will not be included as part of the 50% coverage. Mr. Maupin also thanked Ms. Ward and Ms. Spencer as well as planning staff, and members of the Planning Commission. 08:42:35 M/S/C (Shepherd/Brockus) Move to pass Ordinance No. 5063 to amend BMC Section 20.40 "Definitions" and 20.58.060 "Residential Cluster Development". Voted in favor of the Motion: Robinson, Arends, Wofford, McConnell, Brockus, Runyon, Shepherd, Maupin Voted opposed to the Motion: Gehring Motion carried: 8-Yes; 1-No City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 8 of 8 COUNCIL MEMBER REPORTS Nick Wofford reminded citizens of the importance of voting in the election. Carol Arends reported on her attendance at the Kitsap Regional Coordinating Council and Health Board meetings yesterday. Dianne Robinson announced that there will be a free health screening for women ages 40 to 64 for those who are uninsured or have limited insurance on October 31 from 9:00 AM to 3:45 PM in Port Orchard. This program is offered through Kitsap County Health and is sponsored by the Susan B. Komen Foundation. Please call (360) 874-5580 or (360) 874-5581 for more information. Mike Shepherd reported on the joint District 4-5-6 Meeting held last night with Roy and Dianne; and noted there were some great and interesting ideas offered by citizens regarding the budget. Roy Runyon also provided comments on the joint District Meeting held last night. Adam Brockus announced that the next District 3 Meeting will be held on Tuesday, October 28; The Manette Bridge is open this week; and reminded people to vote. Brad Gehrina was pleased with the "Dare Not To Swear" students' performance and emphasized that how you present yourself is very important. With no further business, President Maupin adjourned the Council Meeting at 8:48 PM. Prepared and Submitted by: L~ 4,~-:= CHRISTINE GRENIER Council Assistant Attest: ~~~o CAROL ET , City CI rk WM:CE:ls:cg