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HomeMy WebLinkAbout05/18/2011 wwa DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 18, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 18, 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 Legislative Assistant Lori Smith 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 Jim McDonald followed by the invocation provided by Associate Pastor Dennis Huelle of Peace Lutheran Church MAYOR'S REPORT — Mayor Lent • Presented a Mayor's Citizen Recognition Award to Brianna Lammi for earning first place for her Elk's Youth Week, essay, `Why 1 am proud to be an American', • Presented a Mayor's Citizen Recognition Award to Sarah Wyrich and members of the Bremerton High School Wind Ensemble for their performance at Carnegie Hall last month where they received a silver plaque award, • Proclaimed May 30, 2011 as "Memorial Day ", and encouraged the public to attend the Memorial Day ceremony at the "Tomb of the Unknown Soldier" at Ivy Green Cemetery, • Presented a Certificate of Support for Leadership Kitsap to Kathy Nelson Executive Director, • Presented a Mayor's Appreciation Award to Jerald McDonald for tourism promotion, • Introduced Dawn Nelson as the City of Bremerton's new Municipal Court Services Manager, • Proclaimed the Week of May 15 to 21, 2011 as "Armed Forces Week ", and lastly • Announced that 3 host families are needed for Kure Exchange Students July 23 to August 26 PUBLIC RECOGNITION Todd Best described a recent experience where he received a parking ticket while visiting downtown and would like to help the City find a solution to the parking problems in Bremerton Don Stahl owner of Boston Pizza, felt that it was time for the City to remove the "No Parking" signs, which he said did nothing to prevent the problem of cars "shuffling" and are not customer friendly Jerry McDonald stated that he happened to be at Boston Pizza when Mr Best received his parking ticket and hopes the City can make some changes quickly before tourist season begins President Mau in agreed, and asked anyone with an idea to help alleviate the parking problem to please notify the City Mr. Stahl reiterated his suggestion for the City to remove the unfriendly signs CONSENT AGENDA A Check Numbers 343050 through 343253, and EFT -10869 through EFT -10903 in the amount of $2,077,035 79, and Regular Payroll for the pay period ending May 15, 2011 in the amount of $714,02280 B Minutes of Meeting — May 4, 2011 C Minutes of Study Session — May 11, 2011 D Ordinance No 5150 amending Section 2 09 040 of the Bremerton Municipal Code (BMC) entitled "Office of the City Clerk — Duties" to appoint a temporary Deputy City Clerk in absence of City Clerk E Lease - Purchase Agreement for 9 Toro Mowers for maintenance of Gold Mountain Golf Complex City Council Reg Mtg Minutes Wednesday, May 18, 2011 Page 2of6 F License Agreement with Bremerton Farmer's Market for use of a portion of Evergreen Rotary Park G Grant Agreement with the Washington State Department of Ecology for Matan Park LID Improvements (Retrofit Project) constructed by Washington Conservation Corps (WCC) H Resolution No 3145 amending Rate Table H related to production, rental, and membership rates and fees for Bremerton Kitsap Access Television (BKAT) There were no comments from the public 05:55:40 M /S /C /U (Runyon /Arends) Move to approve the CONSENT AGENDA as presented PUBLIC HEARINGS 6A — ORDINANCE NO. 5149 TO VACATE AN ALLEY FOR OLYMPIC COLLEGE BETWEEN 13 & 15 STREETS, WEST OF WARREN AVENUE Gunnar Fridriksson Engineering, summarized that Olympic College has petitioned the City of Bremerton to vacate the alley between 13 and 15 Streets, West of Warren Avenue The College is completing campus improvements including replacement of parking lots to new building construction The new parking lot will encompass the entire block between 13 and 15 Streets, and Broadway and Warren Avenues rendering the alley useless for access Deferred compensation and fees for this vacation is requested until the right -of- way dedication along 13 Street and Warren Avenue is completed President Maupin opened the Public Hearing for comment John H. Larson read a statement into the record to express his concern about the timing of this issue, which he believed did not allow citizens a chance to weigh in prior to the Public Hearing Brent Carson Attorney for Olympic College, discussed the issues faced by Olympic College, and also presented a letter from Dan O'Toole of Qwest Communications that confirms and verifies that they have no objections to the requested Right -of -Way vacation President Maupin closed the Public Hearing for further comment 06.07:55 Motion to vacate the alley was made by McDonald, and seconded by Brockus, Discussion was then opened to the Council Mr Runyon agreed with Mr Larson that the process should be examined Mr Fridriksson explained that the City recommended the vacation be done before proceeding with the project, and established that it was Olympic College that made the decision to go forward with the vacation Mr Wheeler stated that he too agrees that a public hearing should take place early in the process to allow citizens an opportunity to provide comment, but he understands the special circumstance in this particular case 06:11.25 M /S /C /U (McDonald / Brockus) Move to pass Ordinance No 5149 to vacate an alley for Olympic College between 13 and 15 Streets, West of Warren Avenue City Clerk Carol Etqen explained that one presentation would be provided for the next three items 66 — RESOLUTION NO. 3142 ADOPTING THE 2012 CITY OF BREMERTON / KITSAP COUNTY CDBG /HOME COORDINATED GRANT APPLICATION Marie Vila Block Grant Administrator and Doug McIntyre Block Grant Coordinator, stated that the City of Bremerton Block Grant Program has joined with Kitsap County Block Grant and Kitsap Regional Coordinating Council (KRCC) Homeless and Affordable Housing Grant Programs to develop and present the 2012 Coordinated Grant Application The application document also includes schedule, estimated funding available, resources, instructions, and procedures for applying City Council Reg Mtg Minutes Wednesday, May 18, 2011 Page 3of6 President Maupin opened the Public Hearing for comment Stewart Walton Kitsap CASH Program, thanked the Council for acknowledging the CDBG process President Maupin closed the Public Heanng for further comment 06:27:22 Motion to adopt the Coordinated Grant Application was made by Brockus, and seconded by Runyon, Discussion was then opened to the Council Comments in support were provided by Mr. Runyon Ms. Robinson Mr Wheeler and Mr. Maupin Ms. Robinson also asked if the funding for the Homeless and Affordable Housing Programs will follow the same process as CDBG Ms. Vila answered that the funding requests would be part of the same process but funded through a different funding source which is through the Kitsap Regional Coordinating Council (KRCC) Mr Wheeler agreed that combining services with three other entities would be cost efficient, but asked if the City would still retain the same amount of funding Ms. Vila replied yes 06 33 M /S /C /U (Brockus /Runyon) Move to pass Resolution No 3142 adopting the 2012 Coordinated Grant Application 6C — RESOLUTION NO 3143 ADOPTING THE AMENDED 2012 CITY OF BREMERTON / KITSAP COUNTY CDBG /HOME CITIZEN PARTICIPATION PLAN Marie Vila Block Grant Administrator and Doug McIntyre Block Grant Coordinator, pointed out that the Citizen Participation Plan (CPP) is mandated by HUD for entitlement jurisdictions in receipt of Community Development Block Grant and HOME Funds Bremerton's CPP is a point document with Kitsap County Block Grant, and was last updated January 1, 2011 The Plan has been amended to reflect formation of anew, multi - jurisdictional Grant Recommendation Committee, and to amend the definition of "Substantial Amendment" President Maupin opened the Public Hearing for comment With no comments provided, President Maupin closed the Public Hearing 06:35:00 Motion to adopt the City of Bremerton /Kitsap County CDBG /HOME Citizen Participation Plan was made by Wheeler, and seconded by Brockus, There were no comments by the Council 06.35 M /S /C /U (Wheeler /Brockus) Move to pass Resolution No 3143 adopting the City of Bremerton /Kitsap County CDBG /HOME Citizen Participation Plan 6D — RESOLUTION NO. 3144 ADOPTING THE 2012 CITY OF BREMERTON / KITSAP COUNTY CDBG /HOME POLICY PLAN Marie Vila Block Grant Administrator and Doug McIntyre Block Grant Coordinator, explained that the CDBG /HOME Policy Plan sets parameters for the City's management of its HUD entitlement, including eligibility, application, review and implementation requirements and processes for grant funded projects The 2012 Policy Plan is a point City of Bremerton and Kitsap County Block Grant plan In addition, five new policies are being introduced President Maupin opened the Public Hearing for comment With no comments provided, President Maupin closed the Public Hearing O6 36 Motion to adopt the City of Bremerton /Kitsap County CDBG /HOME Policy Plan was made by Robinson, and seconded by Wheeler, Discussion was then opened to the Council City Council Reg Mtg Minutes Wednesday, May 18, 2011 Page 4 of 6 Ms Robinson hoped this coordinated plan works well for the citizens of Bremerton 06 M /S /C /U (Robinson/Wheeler) Move to pass Resolution No 3144 adopting the City of Bremerton /Kitsap County CDBG /HOME Policy Plan GENERAL BUSINESS 7A — REAL ESTATE PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY OF BREMERTON (SELLER) AND BREMERTON CINEMA, LLC (BUYER) FOR THE PARK AVENUE PLAZA CINEMA AIR SPACE CONSISTING OF APPROXIMATELY 30,500 SQUARE FEET G r Sexton Executive, summarized that the property which Bremerton Cinema, LLC agrees to buy is commonly known as the Park Avenue Plaza Cinema air space consisting of approximately 30,500 square feet, situated on real estate located at Burwell Street and Park Avenue, Bremerton One of the contingencies of this Purchase and Sale Agreement is the approval by City Council and Mayor of the Parking Lease Agreement 06 44.55 Motion to approve the purchase and sale agreement was made by Wheeler, and seconded by Runyon There were no comments from the public Discussion was then opened to the Council Comments of support were provided by Mr. Brockus Mrs. Arends Mr. Wheeler and Mr. Maupin Mr. Runyon had a question about the proceeds of the sale Mr. Sexton replied that the proceeds of the sale go towards the match of a grant 06 M /S /C /U (Wheeler /Runyon) Move to approve the Purchase and Sale Agreement with Bremerton Cinema, LLC (Buyer) for the Park Avenue Plaza Cinema air space consisting of approximately 30,500 square feet 7B — LEASE AGREEMENT WITH BREMERTON CINEMA, LLC FOR PARKING SPACES IN THE PARK AVENUE PLAZA GARAGE Gary Sexton Executive, said that this agreement includes a three year lease with five three -year options with Bremerton Cinema, LLC (Lessee) for parking in the Park Avenue Plaza Garage for theater attendance and associate cafe on Park Avenue The lease includes approximately 200 spaces at varying time of day, day of week, and month of year as detailed in the agreement 06.50.45 Motion to approve the lease agreement was made by Runyon, and seconded by Wheeler There were no comments from the public Discussion was then opened to the Council Comments of support were provided by Mr. Wheeler Mr. Wofford and Mr. Brockus Mr McConnell asked about the hours of parking and related signage Mr. Sexton responded that the theatre will not have the ability to issue tickets, but will be able to contact enforcement to address issues 06:56:25 M /S /C /U (Runyon/Wheeler) Move to approve the Lease Agreement with Bremerton Cinema, LLC for parking in the Park Avenue Plaza Garage and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 7C — RESOLUTION NO 3146 AUTHORIZING AN INTERFUND LOAN TO THE GENERAL FUND FROM THE EQUIPMENT RENTAL RESERVE (ERR) FUND; AND APPROVING A BUDGET City Council Reg Mtg Minutes Wednesday, May 18, 2011 Page 5 of 6 ADJUSTMENT TO THE GENERAL FUND Becky Hasart Financial Services Director, stated that the City Council, during its meeting of May 11, 2011, approved a settlement agreement with Kitsap County and Housing Kitsap authorizing payment to Housing Kitsap in the amount of $1,150,000 no later than June 1, 2011 in full settlement of the County and Housing Kitsap's claim against the City under the City Contingent Loan Resources with which to repay the settlement in full are not presently available in the General Fund requiring that the settlement amount be financed over time The least cost financing alternative is a loan from another city fund It has been determined that the Equipment Rental Reserve fund has adequate surplus cash to loan Repayment of the loan would be over a ten year period at an interest rate that reflects the return on municipal investments The resolution also provides for an increase to the General Fund 2011 expenditure budget in the amount of $1,150,000 to provide for the payment of the settlement amount There were no comments from the public 06 Motion to authonze an Inter -fund loan to the General Fund and to increase the General Fund Budget was made by Brockus, and seconded by Wofford 06 59:43 A substitute motion was made by Runyon, and seconded by McDonald Discussion was then opened to the Council Mr. McConnell commented that he would not support an inter -fund loan since it would take 10 years to repay the $1 15 million but that he could support using the reserve since that would not directly impact the citizens Mr. Brockus asked what constitutes an emergency which is a condition to take funds from the reserve Ms. Hasart explained that the Bremerton Municipal Code specifies that an emergency is an unforeseen and /or emergency situation The Council would need to declare the emergency and approval would be by a 9 -0 vote Mr. Runyon stated that if the inter -fund loan were used, there would be an approximate $60,000 interest expense and believed that using the reserve is the fiscally responsible thing to do Mr. Lubovich and Ms. Etgen agreed that if the substitute motion passes unanimously, then the main motion is replaced Mr. McConnell asked what the return is currently on the reserve Ms. Hasart answered about 1% 07 09:05 Substitute- M /S /C /U (Runyon /McDonald) Move that the settlement payment of $1 15 million to Housing Kitsap approved on May 11, 2011 constitutes a financial emergency due to the City's lack of unbudgeted liquid funds available prior to June 1, 2011, and further move to authorize payment of such from the Contingency Reserve Fund COUNCIL MEMBER REPORTS Dianne Robinson thanked Marie Vila and Doug McIntyre for their efforts with the CDBG program, reported on her attendance at a meeting with "One Church, One Family" last Sunday, and congratulated fellow Council Member Roy Runyon for being named Kitsap Transit Access Driver of the Month Greg Wheeler recognized the Kiwanis Club for all of their efforts in keeping the floats moving for the parade, the Central Lions Club for serving pancakes, and the Chamber of Commerce for organizing the event, reminded the public about the Bremerton's Farmers Market which is held every Thursday 4 00 to 7 00 PM at Evergreen Park through mid- October, announced on Thursday, May 19 a Public Design Workshop "Green Street Right -of -Way Road Design Improvements to 4' & 5 ' Streets between Kiwanis Park and Warren Avenue "will be held from 5 30 to 7 00 PM in Camerman Hall at Our Lady Star of the Sea Church located at the corner of 5 th & Veneta City Council Reg Mtg Minutes Wednesday, May 18, 2011 Page 6 of 6 Roy Runyon thanked everyone who participated in the US Postal Food Drive, as well as the Junior Corps who helped process the foods received, announced the Armed Forces Day Parade begins at 10 00 AM this Saturday, announced Kitsap Harbor Festival events on May 27 in Bremerton and Port Orchard, with the foot ferry running over that weekend, and announced that Movies on the Roof will be held on Fridays this July on July 15, 22, 29 and August 5 beginning after 7 00 PM at Harborside Commons Garage (formerly JC Penney's Building) at the corner of Pacific Avenue and Burwell Street Pre -1970 vehicles may park on the roof Adam Brockus looked forward to July 26 when the Manette Bridge will be closed to vehicular traffic, but reminded the public that the businesses in that area will still be open, if interested in making a donation for the 7 h & Ironsides park call the Council Office at (360) 473 -5280, if interested in providing handicapped accessible playground equipment, please contact the Parks Department at (360) 473 -5428, and mentioned that Boeing was looking at property at the Port of Bremerton Jim McDonald announced that Thursday, May 19, the Papa John's located at 3100 Wheaton Way will donate 10% of their proceeds from all pizza sales to the Kitsap 9/11 Memorial Will Maupin reported on the Puget Sound Regional Council (PSRC) Growth Management Policy Board where the Silverdale Urban Growth Area and fast ferry service were discussed, was amazed at all of the visitors at the First Friday Art Walk held a few weeks ago, even though it was a rainy and dreary day 9A — EXECUTIVE SESSION The Council recessed from 7 27 to 7 42 PM for a 15- Minute Executive Session to discuss `Pending Litigation "per RCW 42 30 110 (1)(i) No action was taken With no further business, President Maupin adjourned the Council Meeting at 7 45 PM Prep red and Submitted by LORI SMITH Legislative Assistant t- �asa+r lt, T� -o— res;(z,r WILL MAUPIN, Cit ou resident WMCEIscg