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HomeMy WebLinkAbout04/20/2011 MAY 4 2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 20, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April 20, 2011, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council Assistant Christine Grenier A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Command Chaplain Brent Johnson of USS Nimitz (CVN68) MAYOR'S REPORT — Mayor Lent • Presented a Mayor's Appreciation Award to Caroline Stein Washington State Science and Engineering Fair, Ms. Stein provided an update on the very successful WSSEF event held April 1 -2, 2011, thanked Council Members Adam Brockus for being an exhibit judge and Council Members Nick Wofford, Roy Runyon, and Greg Wheeler for attending, and recognized students from Bremerton schools who participated • Proclaimed May 1 through 7, 2011 as "National Drinking Water Week" which was accepted by Kathleen Cahall Public Works & Utilities, Water Resources Division who encouraged citizens to visit the City's website www ci bremerton wa us for more information about Bremerton's drinking water, • Presented a Mayor's Appreciation Award to Patti Peterson Bremerton Foodline Executive Director, who discussed a new program to encourage people to grow their own food, • Attended a ribbon cutting ceremony for the new homeless shelter "Rescue Mission ", • Also attended the grand opening of the new Neighborhood Bar and Grill on Monday and encouraged people to visit and check out the menu, and • Wished Council Members and the community a Happy Easter, and announced that there will be an Easter Buffet at Gold Mountain Golf Course on Sunday, April 24 from 9 00 AM to 3 00 PM The cost is $24 95 for adults, $12 95 for children, and free for children under 6 years old People may contact (360) 415 -6895 for reservations PUBLIC RECOGNITION Joe Hudson discussed concerns about the project on 4 th Street and hoped that issues will be resolved for the proposed projects on Pacific Avenue, specifically communication about the project with the property owners, and thanked the City for working with him on his issues Jerry McDonald has invited hotel representatives to visit Bremerton on May 6 to see the progress of development and visit downtown museums and businesses, and discussed options that would make a weekend passenger ferry from Port Orchard viable CONSENT AGENDA A Check Numbers 342589 through 342720, and EFT -10784 through EFT -10809 in the amount of $1,694,501 35, Regular Payroll Payout for the pay period ending March 31, 2011 in the amount of $17,025 56, and Regular Payroll for the pay period ending April 15, 2011 in the amount of $721,12482 B Minutes of Meeting — April 6, 2011 C Minutes of Study Session — April 13, 2011 D Approval of Basic Life Support (BLS) Services Agreement with Handlers Racing Association City Council Reg Mtg Minutes Wednesday, April 20, 2011 Page 2 of 7 E Approval of Community Forestry Assistance Grant Agreement with the Washington State Department of Natural Resources to help pay for shade and habitat trees for use at Lions Park F Award contract to ESN Northwest, Inc for the project titled "ORC Infection at former Chevron Property" There were no comments from the public 05:54:42 M /S /C /U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented CLOSED RECORD HEARING 6A — CLOSED RECORD HEARING FOR BREMERTON INVESTMENT GROUP LLC PROPOSED SITE SPECIFIC REZONE AT THE NORTHEAST CORNER OF 15 STREET AND CAMBRIAN AVENUE Roger Lubovich City Attorney, explained that the action before the City Council is to hold a closed record heannq on an application for a site specific rezone for property located at the northeast corner of 15 and Cambrian The applicant, Bremerton Investment Group, LLC, requests a rezone of 0 34 acres from Neighborhood Center Core to Low Density Residential (R -10) The Comprehensive Plan designation for the site is Neighborhood Center The Department of Community Development reviewed the application and recommended denial of the rezone A site specific rezone application is processed as a Type IV City Council decision pursuant to provisions set forth in the Bremerton Municipal Code (BMC) BMC 20 58 040 requires City Council to act on the proposal after the Administrative Hearing Examiner holds an open record public hearing and makes a recommendation to the City Council The Hearing Examiner recommended that The City Council review the Comprehensive Plan, the City's 2005 Zoning Map where the R -10 is described, and the rezone application to determine if the rezone request from NCC to R -10 is consistent with the Comprehensive Plan If so, it is recommended that the Council remand the application to the Department of Community Development to analyze the remaining criteria for approval of rezone to determine if the request should be granted If no, then the rezone request would be denied and the Council need not take further action at this time A site specific rezone application is a "quasi judicial" matter, and as such City Council Members shall not have ex -parte communication with City staff of the Applicant regarding the matter Each party shall be entitled to a five - minute presentation to Council, whereby the Applicant will have the opportunity to present first, followed by the City, followed by a rebuttal by the Applicant The parties may not introduce new evidence into the record The Council must make a determination on the proposal based on the record The following page contains a table of contents of the public record The action before the City Council is whether or no the proposed rezone is consistent with the City's Comprehensive Plan • If the proposed rezone is consistent with the City's Comprehensive Plan, the rezone application will be remanded to the Department of Community Development for further processing and review OR • If the proposed rezone is not consistent with the City's Comprehensive Plan, the rezone application is denied President Maupin read the Appearance of Fairness Doctrine and asked if any Council Members 1) have demonstrated bias or prejudice for or against any party in the proceedings, 2) have a direct or indirect monetary interest in the proposed project, 3) have developed pre - judgment prior to hearing the record, or 4) have had any ex -parte communication with the applicant prior to the hearing All Council Members responded in the negative so President Maupin discussed contact with the applicant that did not relate to this issue but asked if this would be considered ex -parte communication Roger Lubovich responded that this does not constitute ex -parte communication City Council Reg Mtg Minutes Wednesday, April 20, 2011 Page 3 of 7 President Maupin then asked the public if there were any reasons any Council Member should be excused No responses were provided so all Council Members remained seated Because this is a Closed Record Hearing, no opportunities were provided to the public to ask questions or provide comment on the issue Opening statement was given by applicant Victor Targett followed by a staff presentation made by JoAnn Vidinhar, Community Development Discussion was then opened to the Council Nick Wofford asked for clarification on the R -10* zone JoAnn Vidinhar answered that * means further analysis through a sub -area planning process is needed The hearing examiner could not answer whether R -10 equates to R -10* which is why the issue is before the City Council Victor Targett believed that the zoning is clear and is still consistent with the Comprehensive Plan, and added that if additional land is needed to allow more business to meet employment numbers, then adjustments can be made during the sub -area planning process in the future, residents need more housing in that area and businesses could be placed towards Charleston which is due for revitalization Mr. Wofford asked for clarification on the center designation Mr Targett answered that the area is zoned Neighborhood Center Core (NCC) Ms Vidinhar summarized that NCC allows for mixed -use commercial and residential and assumes higher density Roy Runyon asked how long BIG has owned the property, if the applicant was aware of the zoning at the time, and asked for clarification of the project and the zoning code Mr. Targett answered that BIG has owned the property for 4 to 5 years, yes, the applicant was aware of the zoning, and that half of the respondents were residents who support a housing project in the neighborhood Ms. Vidinhar clarified that 15 of 37 signers are residents in the neighborhood The * is only on the zoning map and not in the Bremerton Municipal Code Jim McDonald asked for clarification on zoning Ms. Vidinhar answered that while low density residential would be allowed, the question is will the project allow growth targets to be reached Greg Wheeler pointed out that the area is NCC and outside NCC is R -10 Ms. Vidinhar responded that future projects can be discussed in the sub -area planning process Mr. Targett reiterated testimony given to the hearing examiner, and disagreed that his project would have a negative impact on the neighborhood Ms. Vidinhar clarified that the Comprehensive Plan promotes commercial development in the neighborhood core and the proposed project does not support this Dianne Robinson asked how residential could be allowed in the NCC Ms. Vidinhar responded that residential is allowed but must be secondary An example would be commercial on bottom and residential on top, a mixed use environment Will Maupin asked how R -10 or R -10* could be consistent with the Comprehensive Plan Ms. Vidinhar responded that the zoning code discusses the difference between density in a center and density in low density residential areas, and each area has different growth targets Mr. Targett emphasized that the Comprehensive Plan is updated periodically in order to consider appropriate growth and use, and thanked Council for their consideration of this matter Mr. Maupin stated that the zoning code could be changed prior to obtaining a sub -area plan Mr. Targett added that the area is not limited like other areas such as downtown which means there is room for adjusting designations Mr Runyon asked if we are limited to the update schedule for the Comprehensive Plan Ms. Vidinhar answered that a review may be done on an annual basis City Council Reg Mtg Minutes Wednesday, April 20, 2011 Page 4 of 7 Mr. Wheeler clarified that the Council should be asking 'does this project fit or not' Ms. Vidinhar recognized that while the housing market has changed, there is hope that the market will improve over time Mr. Wheeler added that if we revisit this center, then the other centers would need to be reviewed Ms. Vidinhar concurred Mr. Lubovich clarified that the issue is consistent with the Comprehensive Plan Mr. McConnell believed that converting the area to residential goes against the intent of the zoning in place at this time Ms Vidinhar specified that residential structures would be allowed but in R -10 *, projects promoting higher density would be allowed Mr. Taraett emphasized that the project intends to maintain the neighborhood's character and that this project is a re -zone request not a comprehensive plan amendment Ms. Vidinhar stated that R -10 is classified as low density residential but the intent of centers is to allow higher density Carol Arends was hesitant to changing a small area to residential when there are other residential areas available for building homes, but available space for new businesses is more limited Cecil McConnell asked Ms Vidinhar for further clarification of zoning designations on the zoning map 07:07:12 President Maupin reiterated that the task of the Council is to determine whether the rezone from NCC to R -10* is consistent with the Comprehensive Plan, and then asked both the applicant and the staff to provide their final arguments Mr. Tarpett summarized that there were already two other zones allowed in this Neighborhood Center and that his request was for a "rezone" (not a "comp plan amendment ") that may still be ultimately denied if it doesn't meet all of the other requirements He hoped that Council would agree that the project is consistent with the Comprehensive Plan and appropriate for the community Ms. Vidinhar hoped Council would not move the rezone forward since that would go against the long term plan of growth for that center as laid out in the Comprehensive Plan 07:12:15 Motion to find rezone consistent with the Comprehensive Plan was made by Runyon, and seconded by McDonald Comments in summary were provided by several of the Council 07:20:25 M /S /F (Runyon /McDonald) Move to find that the proposed rezone is consistent with the Comprehensive Plan Voted in favor of Motion Runyon, Robinson, McDonald Voted against Motion McConnell, Brockus, Wheeler, Arends, Wofford, Maupin Motion failed 3 -Yes, 6 -No President Maw recessed the meeting for a break from 7 25 to 7 35 PM GENERAL BUSINESS 7A — PROJECT DESIGN AGREEMENT WITH PUGET SOUND ENERGY (PSE) FOR SCHEDULE 74 UNDERGROUND CONVERSION OF PACIFIC AVENUE IMPROVEMENTS FROM 6 TH STREET TO 11 STREET Larry Matel Public Works & Utilities, Engineering Division, summarized that the proposed improvements on Pacific Avenue between 6 Street and 11` Street are part of an urban redevelopment of Pacific Avenue that includes sustainabdity and the latest in environmental practices with landscaping and scenic enhancement As it is deemed vital for scenic enhancement, the underground conversion of the overhead lines will provide tangible benefits to this goal The underground conversion will be performed according to Puget Sound Energy (PSE) Tariff G Schedule 74 It was clarified that the request was for design services only City Council Reg Mtg Minutes Wednesday, April 20, 2011 Page 5 of 7 Mr. Matel further emphasized that this project is unique and that staff has met to discuss project costs, and that staff are waiting for confirmation from Washington State Department of Transportation ( WSDOT), about whether or not the underground costs could be paid for by the grant rather than by the property owners There were no comments from the public 07.48:30 Motion to approve project design agreement was made by Brockus, and seconded by McDonald, Discussion was then opened to the Council Mr. Runyon asked for background on the project, and asked if there is a grant requirement to put utilities underground Mr. Matel provided a summary of the sub -area planning and grants application processes, and added that funding comes from the Federal Highway Administration (FHA), and there was no grant requirement for underground utilities Mr. Runyon asked if Puget Sound Energy would request reimbursement if a design is not used He also expressed his concern about the cost for property owners to connect to the utilities, and was not comfortable about making a decision when it is not clear or in writing about these costs Mr Matel answered that if a design is not utilized, the funds would not be reimbursed, and that that there is a 10% contingency to address any unforeseen circumstances Mr. Runyon asked who would pay to reconnect for phone or electric utility Mr. Matel answered that the actual cost of getting the line to the structure will be minor in comparison to the total cost but will not be materialized until later Mr. Wheeler thanked Public Works staff for providing a great deal of information, but was concerned that the City has not identified funding to cover costs if grant funding can not cover costs to property owners Mr. McConnell asked if property owners have been notified of potential costs Mr Matel answered that property owners have been notified of the process Eduardo Aban Project Engineer, added that seven property owners have contacted him for estimated costs Mr. McConnell asked where the 13 5% grant match is being drawn from Mr. Matel answered that the match was identified in the 2011 budget Becky Hasart Financial Services Director clarified that the funds come from the Arterial street budget Mr McDonald asked if the City did not proceed with the undergrounding component of the project while proceeding with the rest of the street improvements, what the impact would be Mr. Matel answered that the outcome would be cost prohibitive Mr Wofford asked if PSE owns the cable up to the meter, why the property owner should have to pay Mr. Aban answered there are two different schedules, one for the City Right -of -Way (Schedule 74) and one for the property owner, outside Right -of -Way (Schedule 85) Mr. Matel added that a determination by WSDOT will be made on these costs Ms. Arends and Ms. Robinson expressed their support for undergrounding utilities for aesthetic reasons and for the amenities it provides Mr. Brockus offered his support but had concern for property owners Ms. Hasart added that Local Improvement District (LID) can be formed to pay for the public portion but not the private portion of the connecting costs Mr. Matel reiterated that any delay of the project design will ultimately delay construction Mr. Maupin emphasized that Puget Sound Regional Council has asked that the City obligate the funds and move forward with this project but also recognizes that there are still questions that need to be answered City Council Reg Mtg Minutes Wednesday, April 20, 2011 Page 6 of 7 08:22:25 M /S /C (Brockus /McDonald) Move to approve proposed Schedule 74 Conversion with Puget Sound Energy, and authorize the Mayor to finalize and execute the Design Agreement Voted in favor of Motion Brockus, Robinson, Arends, Wofford, McDonald, Maupin Voted against the Motion Runyon, Wheeler, McConnell Motion carried 6 -Yes, 3 -No 713 — RESOLUTION NO. 3139 SETTING FORTH AMENDMENTS TO THE BREMERTON CITY CHARTER FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 8.2011 GENERAL ELECTION TO REDUCE THE SIZE OF THE CITY COUNCIL FROM 9 TO 7 AND OTHER RELATED CHANGES City Attorney, Roger Lubovich explained that the City Council is proposing charter amendments for the submission to registered voters at the general election on November 8, 2011 to reduce the size of the City Council from 9 Council Members to 7 Council Members and to make other related changes He also explained that whether or not the charter amendment passes during the General Election, data from the Census will be factored in to redraw the district boundaries as appropriate Jack Kerneen offered a comparison of other cities, population size, and relative size of City Councils, and urged the Council to support this resolution Jerry McDonald added that the citizens would be well represented even with 7 Council Members 08.30:35 Motion to approve Resolution No 3139 was made by Wheeler, and seconded by Brockus, Discussion was then opened to the Council Mr. Wheeler believed that reducing the council will mean the City will become more effective and place less demands on staff Mr. Runyon agreed that the proposal will save $24,000 per year but asked if reducing the size of the Council would improve the quality of representation He also expressed interest in why Bremerton initially chose to have 9 Council Members Mr. Mauain summarized that the initial Charter laid out 9 council districts for the 9 distinct neighborhoods that existed at the time, and prior to that the city had 3 commissioners Mr. Runyon asked for cost estimates to put this issue to the ballot Ms. Etgen answered $10,000 at the General Election for a stand alone issue but if more issues are on the ballot, the cost would be less Ms. Hasart added that all of the various jurisdictions that had items on the ballot would share in the cost and since Bremerton would already have items on the ballot due to the election of four Council Members, the remaining cost is the estimated $10,000 If there was a stand alone election for this item only, the issue would cost up to $70,000 So if the City is going to do this, now is the most cost effective time Mr. Runyon asked for clarification about the timing of the charter changes Mr. Lubovich provided detailed information about how the staggering of Council positions would work until the new larger districts were phased in, and further explained that filing takes place the first week in June so it was determined that it would be important to inform potential candidates before filing whether there is a 2- year or 4 -year term involved Mr. McConnell was concerned about the impact of cuts on other departments and offered ideas such as a $3,000 salary reduction per year among Council Members instead of redistricting which would yield greater savings Mrs. Arends emphasized that population is not the only factor for comparisons and that it is difficult to compare workloads among officials 08 M /S /C (Wofford /Runyon) Move to postpone action until May 4 City Council Reg Mtg Minutes Wednesday, April 20, 2011 Page 7 of 7 Voted in favor of Motion Runyon, Robinson, Arends, Wofford, McConnell Voted against the Motion Wheeler, McDonald, Brockus, Maupin Motion carried 5 -Yes, 4 -No COUNCIL MEMBER REPORTS Nick Wofford thanked Jerry McDonald for his efforts to make Bremerton a better place Carol Arends wished the community a Happy Easter, and thanked those in the community who stayed with the Council tonight for a long meeting Dianne Robinson reported on yesterday's Matan Park construction meeting, noting that construction will begin May 9, and that neighbors of the area are very excited about the proposed changes She thanked Parks Director Wyn Birkenthal and staff Colette Berna, as well as all Community Frameworks and all the citizen volunteers Greg Wheeler recognized the volunteers planning the Union Hill Block Party at a meeting tomorrow night from 6 00 to 7 00 PM at Community of Christ Lutheran Church, and discussed the Wounded Warriors (Heart Beat) program for veterans, which offers under water /scuba training at the YMCA Roy Runyon reported on his District 4 Meeting held on Monday night which covered earthquake preparedness and noted that there was good attendance Adam Brockus announced that the next District 3 Meeting will be held on Tuesday, April 26 from 6 30 to 8 00 PM at the Senior Center located at East 13` Street & Nipsic Avenue, and added that the decision about representation should be decided by the voters Cecil McConnell referring to the earlier discussion clarified that Council Members for larger cities like Seattle are full -time but Bremerton Council Members are part time Jim McDonald attended the Arbor Day tree - planting event and thanked Armin Jahr Elementary School and Parks Department for making it a successful event, and attended the Neighborhood Bar & Grill grand opening event and encouraged residents to check it out Will Maupin acknowledged that most of the time the Council acts in the best interest of the citizens of the City, but expressed his frustration that it was not the case tonight With no further business, President Maupin adjourned the Council Meeting at 8 56 PM Prepared and Submitted by CHRISTINE GRENTER Council/Auditor Assistant Attest i I I CAROL GEN, City Glerk I • WILL MAUPIN, Ci Councilpksident WMCEIscg