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HomeMy WebLinkAbout06/03/2009 Wednesday, June 3, 2009 ~ ~ JUN 1 '1 2aOs DIGITAL RECORDING CITY COUNCIL MEETING MINUTES The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 3, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Carol Arends was absent. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council Assistant Christine Grenier. A COUNCil BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Council Member Dianne Robinson. MAYOR'S REPORT - There was no Mayor's Report tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Roy Runyon welcomed new businesses BREMERTON CRossFIT at 608 4th Street, and the new office of Marcia Marx, Financial Advisor for EDWARD JONES at 555 Pacific Avenue, Suite 101. Nick Wofford announced the Farmer's Market will be starting at 4:00 PM tomorrow; encouraged the public to attend the First Friday Artwalk on June 5; and was excited that the Kitsap Pumas will be playing the Portland Timberwolves on Saturday, June 6 with kick-off at 7:30 PM at the Bremerton High School Memorial Stadium. Katrina Folkerson, Member Services Director of the Kitsap Family YMCA, announced the Annual "Tri Y" event is this Saturday, June 6 beginning at 9:00 AM which includes a walk, run, or swim. Bub Pratt invited the public to attend First Friday Artwalk events; and the "Soothe the Heart" reception to benefit Harrison Hospital on June 18 from 5:00 to 7:00 PM at Amy Burnett's Gallery. . Municipal Judae James Doctor announced that the Municipal Court will be closed from June 15 to 19 while the building will have its roof replaced; and encouraged people to attend the "Passport Festival" on June 18 & 19 from 8:30 to 4:30 in the Norm Dicks Government Center lobby to apply for passports. No appointments are needed and for more information, please visit the website at www.travel.state.qov. CONSENT AGENDA A. Check Numbers 331886 through 332092; and EFT-8792 through EFT-8828 in the amount of $2,930,862.73; Regular Payroll in the amount of $792,705.86 for the pay period ending May 15, 2009; and Retiree Payroll in the amount of $82,254.07 for the pay period ending May 15, 2009 (#AB09-127) B. Minutes of Meeting - May 20,2009 (#AB09-128) C. Minute~ of Study Session - May 27,2009 (#AB09-129) D. Resolution No. 3089 temporarily extending Cable Television Franchise with WAVE DIVISION HOLDINGS, LLC (#AB09-130) E. Ordinance No. 5085 revising and correcting the City Boundaries of streets, roads, or highway rights-of-way located within the City by approving a new legal description of the boundary of the City of Bremerton (#AB09-131) There were no questions or comments from the public.. . 05:41 :43 M/S/C (Runyon/Brockus) Move to approve the CONSENT AGENDA as presented. ' City Council Reg. Mtg. Minutes Wednesday, June 3,2009 Page 2 of 8 Voted for Motion: Gehring, Brockus, Runyon, Shepherd, Robinson, Maupin, McConnell Abstained: Wofford Motion carried: 7-Yes; 1-Abstention PUBLIC HEARINGS Testimony and motions were made concurrently for Items 6A & 68... 5A - ORDINANCE NO. 5083 ANNEXING THE TERRITORY WITHIN THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) URBAN GROWTH AREA KNOWN AS "SYLVAN PRODUCTS. INC"; ESTABLISHING INDUSTRIAL ZONING; AND ASSIGNING A CITY COUNCil DISTRICT FOR THE ANNEXED TERRITORY (#AB09-132): Lindsev Sehmel, Community Development, summarized that property owners within the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) have requested that the City Council consider annexing their property to the City of Bremerton. The City has received an annexation petition that has been referred to as "SYLVAN PROJECTS, INC." After careful deliberation and consideration of the financial impacts, the Council took action on April 15, 2009 to accept the 10% Petition for this area. By accepting this petition, the Council allowed the annexation to proceed to the second phase of the petition annexation process, gathering of the signatures for the 75% Petitions. The 75% Petition for SYLVAN PRODUCTS, INC. was submitted to the City on April 16, 2009, and the purpose oHhe meeting on June 3, 2009 is to hold a public hearing and determine if the Council will pass the proposed ordinance and approve the SYLVAN PRODUCTS, INC. annexation. In addition to accepting the annexation, the ordinance also adopts the Industrial zoning designation, assigns a Council District for the territory and establishes an effective date for the annexation following the Boundary Review Board process. Michael YelvinQton, adjacent property owner, expressed concerns about current business practices by Sylvan and unresolved code enforcement issues presented to the County; and requested that this annexation be delayed so that these issues can be resolved. Ms. Sehmel responded that she, Janet Lunceford, Code Enforcement Officer, and a County Department of Health representative visited the Haines property to pursue this matter and to attain compliance. She added that following annexation, the City would then be responsible for code enforcement. Mrs. Haines has agreed in writing that the parties will work with the City to take care of any actions necessary to be compliant. 5:50:53 Main Motion was made and discussion by Council Members continued... Mike Shepherd explained that any property that is annexed by the City would then be included in the sub-area planning process to address any issues or regulations that may carryover from the County. Andrea Spencer, Director of Community Development, stated that money has been budgeted for 2009 and 2010 for a dedicated zoning review once these annexations have been concluded. Will Maupin thanked the property owners for their participation in this annexation process and appreciated their faith in being annexed into the city. Brad GehrinQ expressed concerns about the code enforcement issues shared by Mr. Yelvington; believed that the City has a strong code enforcement system in place; and hoped that his concerns will be addressed. 05:55:12 MISICIU (Maupin/Shepherd) Move to pass Ordinance No. 5083 annexing the territory within the South Kitsap Industrial Area (SKIA) known as SYLVAN PRODUCTS, INC., establishing Industrial zoning, and assigning a City Council District for the annexed territory. 5B - ORDINANCE NO. 5084 ANNEXING THE TERRITORY WITHIN THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) URBAN GROWTH AREA KNOWN AS "PAIJE. PALMER. ALPINE. AND ESSLINGER"; ESTABLISHING INDUSTRIAL ZONING; AND ASSIGNING A CITY COUNCil DISTRICT FOR THE ANNEXED TERRITORY (#AB09-133): Lindsev Sehmel, Community Development, stated that property owners within the South Kitsap Industrial Area (SKIA) Urban City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 3 of 8 Growth Area (UGA) have requested that the City Council consider annexing their property to the City of Bremerton. The City has received an annexation petition that has been referred to as "PAIJE, PALMER, ALPINE, & ESSLINGER." After careful deliberation and consideration of the financial impacts, the Council took action on April 15, 2009 to accept the 10% Petition for this area. By accepting this petition, the Council allowed the annexation to proceed to the second phase of the petition annexation process, gathering of the signatures for the 75% Petitions. The 75% Petition for PAIJE, PALMER, ALPINE, & ESSLINGER was submitted to the City on April 16, 2009, and the purpose of the meeting on June 3, 2009 is to hold a public hearing and determine if the Council will pass the proposed ordinance and approve the PAIJE, PALMER, ALPINE, & ESSLINGER annexation. In addition to accepting the annexation, the ordinance also adopts the Industrial zoning designation, assigns a Council District for the territory and establishes an effective date for the annexation following the Boundary Review Board process. Ryan Sandstrom of ALPINE EVERGREEN, expressed his appreciation with the City for proceeding. 05:56:18 M/S/C/U (Maupin/Runyon) Move to pass Ordinance No. 5084 annexing the territory within the South Kitsap Industrial Area (SKIA) known as PAIJE, PALMER, ALPINE, & ESSLINGER, establishing Industrial zoning, and assigning a City Council District for the annexed territory. 6C - RESOLUTION NO. 3090 APPROVING THE ACTION PLAN AMENDMENTS TO THE 2008 AND 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS (#AB09-134): Marie Vila and Phedra Elliott with the City's CDBG Program, explained that the City of Bremerton Community Development Block Grant program has received $147,993 in additional CDBG-Recovery (CDBG-R) funding through the American Reinvestment and Recovery Act (ARRA). Block Grant has also received a 5% increase ($28,076) in funding for the 2009 allocation, raising the 2009 award to $573,461. Block Grant has also allocated additional Program Income to the 2009 plan year, an increase of $15,000. Because of the size and nature of this infusion of funds, the City is required to submit to HUD a substantial amendment to our 2008 Action Plan (to outline use of CDBG-R funding) and 2009 Action Plan (to outline use of additional 2009 funding). Block Grant is required to engage citizen participation as the 2009 Citizen Advisory Committee's contingency recommendations, and presents these for Council consideration and approval. If approved, these amendments must be sent to the Department of Housing and Urban Development no later than June 5, 2009. If a plan is not submitted by that date, the City will not be able to accept the additional ARRA funding, and we will proceed with the original Action Plan approved by Council in November 2008. Roxanne Bryson, Holly Ridge Center, thanked the City for its ongoing financial support and emphasized that without this support, many programs would not be possible, and that many at risk children (including autistic students) would otherwise be having disciplinary issues. 06:06:24 Motion was made and discussion by Council Members continued... Roy Runyon explained that the funding recommendations are made by a citizen's commission and thanked these individuals for being part of this process. Dianne Robinson commented on the Community Development Block Grant review committee process, and was pleased that the Holly Ridge Center was funded. Adam Brockus was pleased that the Parks Playground Program was funded. Will Maupin also thanked Marie Vila and Phedra Elliott who work closely with the citizen's committee and for explaining the process to Council. Mike Shepherd was impressed that staff had also prepared a contingency schedule so that if new funding were received like the stimulus money that the Council could consider those options. City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 4 of 8 06:10:22 M/S/C/U (Robinson/Brockus) Move to pass Resolution No. 3090 approving the 2008 and 2009 Action Plan Amendments 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. 6D - ORDINANCE NO. 5082 AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE MANETTE NEIGHBORHOOD CENTER SUB AREA PLAN; AND AMENDING SECTION 20.80 OF THE BREMERTON MUNICIPAL CODE (BMC) TO ACTIVATE THE SUB AREA PLAN (#AB09-135): Lindsey Sehmel, Community Development, emphasized that the action before the Council is to conduct a public hearing and consider amendments to the City of Bremerton Comprehensive Plan and Bremerton Municipal Code 20.80 to incorporate the Manette Neighborhood Sub Area Plan. Andrea Spencer thanked Ms. Sehmel for doing a phenomenal job in arranging public meetings, as well as communicating with the public during this lengthy process. Dannette Graves asked if items were available to the public, or on the website; and was concerned that the Growth Management Act is being amended in July and that those issues are not being addressed by the proposed sub-area plan. Jane Rebelowski expressed concerns about both plans that would allow commercial property to abut single family residences; and asked that Council consider extending the deadline for completion. Jennifer Balliet did not support the Planning Commission Plan in its current form; and asked that Council consider amending Plan A that would allow certain issues to be addressed by residents; and appreciated the time put in by the Planning Commission and community to bring these plans forward. Paul McCulloUQh asked why large scale development would be considered for a small community and felt that type of development is not appropriate for Manette. Michael McWilliamson hoped that the Council's decision tonight would reflect what is best for the community, and that the plan included the public's input. Steve Kreifelt commented that the sub area plan process was flawed; and asked if it were the right thing to do to include developer interests in the sub-area plan or is in the best interest of Manette when the residents do not want growth. Jordy Andrew did not support the Planning Commission Plan and believed that the Citizens Plan was incomplete; and added that the open space issue needs to be addressed. Ryan Malane stated that Manette already has a vibrant core, and that the real concerns are over the proposed change in scale and scope; and that some improvement s needed but not on a drastic scale. Ruth Reese believed that the City approved a plan for Manette some time ago and asked why we have to go through this process again; and was concerned that no members of the Planning Commission are in attendance tonight. John Ales recognized the hard work done by staff; stated that both plans have flaws; there are businesses that could qualify as light industrial and the zoning should be updated to reflect this long standing business use; and hoped that a citizens advisory group may be formed to address any concerns about whatever plan that is approved. Chris Nordleaf commented on recent visits to neighboring cities like Gig Harbor where businesses and residents demonstrated that they can co-exist without destroying the character of a neighborhood or its beautiful views. City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 5 of 8 06:52:56 Main Motion was made and discussion began by the Council... Andrea Spencer responded to previous questions 1) notification to the public was through direct mailing for residents in project area plus 200 feet, newspaper, business posting, email, and website 2) Non-conforming uses have not been addressed in the plan but Council has discretion to add to permitted uses 3) Building heights were discussed and are listed at 35 feet in both plans 4) The Citizen Plan includes input from the citizen discussion during from public meetings. 06:55:26 Amending Motion was made and discussion by Council Members continued... Mike Shepherd supported the Citizens Plan in how it addressed height and scale of homes in relation to businesses; commented that a designation for open space is possible even though funding for open space is not available at this time; hoped that there will be further discussion about the area adjacent to the Manette Bridge; believed that commercial redevelopment was not properly addressed; and agreed with the suggested angled street parking in the Planning Commission plan. Roy Runyon thanked the residents for investing so much of their time in this process; stated that the proposed growth will be actually less than what is described in the plans; and asked if the Citizens Plan were approved, how does the City move forward. Andrea Spencer responded that policies could be put in place to allow further discussion for areas like bridge landing and zoning considerations. ROQer Lubovich added that the Council may take action by motion instead of policy. Will Maupin supported ideas like the streetscapes as listed in the Citizens Plan; noted that while it is unlikely that development will occur now but that may change in the future, the plan may be reviewed in the future to make sure that the needs of the community are continually addressed. Brad GehrinQ asked if a "work in progress" process could be put in place. Andrea Spencer answered that this was considered during the West Park Plan review. Brad GehrinQ also supported the addition of language to allow non-conforming uses by businesses. 07:14:52 Amending Motion was made and discussion continued... Nick Wofford and Will Maupin asked if there were provisions in the plans for the non-conforming businesses. Andrea Spencer responded that existing businesses are grandfathered in. Adam Brockus emphasized that this is the third attempt to form a Manette Sub Area Plan and that the residents participated in this process; and hoped that Council would support the Citizen's Plan. 07:20:17 A -M/S/C/U (Brockus/Runyon) Move to amend Ordinance No. 5082 to include Alternate Exhibit A and Alternate Exhibit B. 07:20:43 A -M (Shepherd/ ) Move to remand the Citizen's Plan to the Planning Commission for a period not to exceed 60 days to address 1) the buffer transition area at the edge of the LOR Zoning Map 2) the bridge end 3) open space and 4) not converting non-conforming businesses to compliant. Amending Motion died due to a lack of second. 07:22:02 M/S/C (Wofford/Maupin) Move to pass Ordinance No. 5082 to amend the Comprehensive Plan to include the Manette Neighborhood Center Sub-Area Plan and amend BMC Section 20.80 to active the Sub Area Plan as amended. Voted in favor of Motion: Maupin, Wofford, Gehring, Brockus, Runyon, Robinson, McConnell Voted opposed to Motion: Shepherd Main Motion carried: 7-Yes; 1- No President McConnell recessed the meeting at 7:21PM and reconvened at 7:32 PM... City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 6 of 8 7:32:53 Amending Motion was made and discussion continued... Bub Pratt asked for clarification on whether the whole plan or part of the plan is going back to the Planning Commission for review? ROQer Lubovich answered that the plan has been approved, but staff would address the other areas as outlined in the motion. Jordy Andrew supported this process since it would allow continued involvement from the community in that staff's recommendations would then be reviewed by the Planning Commission. Mike Shepherd encouraged people to sign in at tonight's meeting or contact the Planning Department if you wish to participate during the process or wish to be notified wher) this matter returns for Council consideration; and expressed his appreciation to planning staff. Adam Brockus asked if staff still has the mailing list from the public meetings. Ms. Sehmel answered yes, that she will be using the current list and if anyone wishes to be added, to contact her. 07:37:26 A-M/S/C/U (Brockus/Shepherd) Related to the Manette Sub Area Plan, move to authorize City Staff to develop recommendations to the City Council: · rights of way configuration related to the new bridge landing . parks and open space creation; and . buffer zones around the MCC GENERAL BUSINESS 7 A - APPROVING A PLAN IN RESPONSE TO THE VACANCY OF CITY OF BREMERTON MAYOR'S SEAT (#AB09-136): There were no comments from the public... 07:38:55 Motion to reduce Mayor's salary was made and discussion continued... Roy Runyon stated that a reduction would be timely given the status of the City's finances. ROQer Lubovich emphasized that the Mayor's salary can not be reduced during a term of office and must be done by ordinance. Brad Gehrinq agreed this was a good idea but believed that this is not the appropriate time. Will Maupin agreed with the opinion of legal counsel and was concerned that this move would be done during election season. Mike Shepherd encouraged Council Members to address this issue. Cecil McConnell added that the current filing fee is based on the current salary; then asked what the impact on the elections process be? Ken BaQwell, Assistant City Attorney, answered that the individual who is elected would be completing the remainder of the unexpired term through 2009 and the filing fee applies to the salary as set in that term, so there would be no impact. Any change in salary, if approved, would not be effective until January 1, 2010. Roy Runyon asked for clarification on when the appointed and elected mayor would take office. Ken Baqwell responded that the individual who is appointed would become mayor effective June 6 and the individual who is elected would be sworn in after election results are certified in November. 07:47:02 M/S/F (Shepherd/Runyon) Move to reduce the Mayor's salary by $20,000. Voted in favor of Motion: Runyon, Shepherd, Robinson Voted opposed to Motion: Gehring, Brockus, Maupin, Wofford, McConnell Motion Failed: 3-Yes; 5-No City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 7 of 8 07:47:50 Motion was made and discussion continued... Mike Shepherd asked if Cecil assumed mayoral duties, would this have any financial impact. Cecil McConnell answered that he would be donating his time as Mayor Pro Tem and there would be no financial impact. Will Maupin did not want to lose Cecil on Council; expressed concerns about appointing Cecil as Interim Mayor; and appreCiated his generosity. Roy Runyon did not agree with allowing the Mayor Pro Tem serving for 6 months and that this is not the intent of the Charter; and expressed concerns about the separation of mayor and council powers. Brad GehrinQ expressed concerns about disrupting the continuity of government and supported pla:cing someone in office that can get the job done and ease the transition process. Adam Brockus supported appointing Cecil as Interim Mayor. Nick Wofford stated that if the City were to go through a selection process, the Mayor Pro Tem would act as Mayor until that selection takes place. Dianne Robinson wishes to follow the provisions in the Charter and would support the interim mayor option. Cecil McConnell asked if he reconsidered the interim mayor option, what then. Ken BaQwell stated that if he chose to remove that option then the other remaining option would be to proceed with a selection process. 08:07:48 M/S/C (Maupin/Wofford) Move to authorize Cecil McConnell, acting in his capacity as City Council President and Mayor Pro Tem, to fulfill the responsibilities of Mayor of the City of Bremerton until such time as the City of Bremerton's 2009 Mayoral election results are certified. Voted in favor of Motion: Shepherd, Maupin, Wofford, Gehring, McConnell Voted opposed to Motion: Brockus, Runyon, Robinson Motion carried: 5-Yes; 3-No COUNCIL MEMBER REPORTS Brad GehrinQ was pleased that Marcia Marx of Edward Jones is a tenant in the Tim Ryan Building; and encouraged people to participate in the Arts Walk and related performing arts events. Adam Brockus thanked all of the neighbors who participated in the sub area planning process and for those who attended tonight. Roy Runyon commented on the very successful Kitsap Harbor Festival and estimated that 5,000 visitors were in attendance. Mike Shepherd reported on the Kitsap Cruz event and was pleased with an amazing number of cars that were parked downtown; and added that the Food Co-op is seeking USDA approval which may result in new products coming soon to the Bremerton Farmer's Market at Evergreen Park. Dianne Robinson attended a work session regarding K-12 education headed by Representative Larry Seaquist and hoped that by fall that legislation may be prepared. Groups that made presentations on community issues included Kitsap Community Resources, Work Source Development Center, Washington Cash, and American Financial Solutions, Peninsula Community Services; and announced that Anderson Cove will be hosting a 4th of July Party and more information is coming. City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 8 of 8 Will Maupin reported on recent Kitsap Regional Coordinating Council meetings he attended and that Countywide Planning Policies were discussed; believed that if agreement could be reached, much progress could be made; and received results on project scoring and $3 million for Pacific Avenue improvements; thanked City Engineer Mike Mecham for his testimony that allowed the City to make the funding list. Nick Wofford was pleased with his recent trip to Egypt; and hoped Council Member Carol Arends returns soon. With no further business, President McConnell adjourned the Council Meeting at 8:27 PM. Prepared and Submitted by: tL~~ ):h~ CHRISTINE GRENIER ..... Council Assistant Attest: CA ~J~~-Jf// CECIL McCONNELL, City Council President CM:CE:ls:cg