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HomeMy WebLinkAbout02/01/2012 DIGITAL RECORDING ML CITY COUNCIL MEETING MINUTES M D Wednesday, February 1, 2012 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 1, 2012, at 5 00 PM in Council Conference Room 603 of the N ORM DICKS GOVERNMENT CENTER 345 6t Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Also present were City Attorney Roger Lubovich, Interim City Clerk Shannon Conn, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was 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 Leslie Daugs followed by the invocation provided by Mayor Jim Baker of the Bremerton Salvation Army MAYOR'S REPORT Mayor Patty Lent • Introduced Elaine Jones to discuss the WSU Small Business Development Center, • Introduced Holly James and Eric Larsen to discuss Kitsap Entrepreneurial Services, • Recognized Bill Hoke and Stuart Walton Kitsap Business Development Specialist from the Washington Community of Alliance for Self Help (C A S H ) Program, • Provided a briefing on the activities and missions of the USS John C Stennis, • Recognized Bremerton Street Department Manager Jim Orton and his crew for their dedication and services to the City, especially during times of inclement weather, • Provided an update on the Bremerton Re -Power Program, • Brought forward Cynthia Engelgau of the Bremerton Parks Department to provide information on the 17 Annual Daddy & Daughter Dance to be held on Saturday, February 4, 2012, and • Mentioned her regular attendance at regular Ferry Advisory Committee meetings PUBLIC RECOGNITION Todd Best with Corrie Areens believe the City is in violation for not cleaning up a nuisance property located north of 602 Washington Avenue Mike Walton Marketing Specialist, provided a report on current happenings at the Kitsap Family "Y" Robert Parker is joining a movement to clean up the City, including graffiti, and does not understand why the City is not doing more Joe Hudson Evergreen Trophies, was concerned that the City gave away 4 -feet of the alley near his business and now it is not useable by delivery trucks Jer�McDonald stated that he is aware of over 20 graffiti tags on the new Manette Bridge, and also spoke about plans for providing a concierge in Seattle to bring tourists to Bremerton, and hopes to include his idea for producing and distributing brightly colored t -shirts promoting Bremerton Patricia Graf -Hoke Executive Director of the Kitsap Peninsula Visitor & Convention Bureau, talked about how they are promoting and marketing Bremerton CONSENT AGENDA 5A Check Numbers 346584 through 346810 and EFT -11525 through EFT -11569 in the amount of $2,637,687 10, Check Numbers 346811 through 347003 and EFT -11571 through EFT -11614 in the amount of $1,880,158 20, Regular Payroll for the pay period ending December 31, 2011 in the amount of $721,890 04, Regular Payroll (Pay -Out) for the pay period ending December 31, 2011 in the amount of $9,820 61, Regular Payroll for the pay period ending January 15, 2012 in the amount of $690,393 82, and Retiree Payroll for the pay period ending January 31, 2012 in the amount of $73,779 96 City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 2of6 5B Minutes of Meeting — January 4, 2012 5C Minutes of Study Session — January 11, 2012 5D Minutes of Study Session — January 25, 2012 5E Acceptance of Grant from the Washington State Office of Public Defense 5F Approval to pay Damage Claim Redeve Item Pulled 5H Resolution No 3162 to approve traffic and parking revisions with the Manette Bridge Replacement 5I Resolution No 3163 to approve Phase IV of the Bay Vista Final Plat 5J Appointments of Maurice Correia, and Holly James to the Civil Service Commission 5K BKAT Service Contract with Kitsap County 5L Amendment No 4 to the Professional Services Agreement with WILLIS OF SEATTLE, INC for insurance broker services 5M 2012 Excess Liability, Excess Workers' Compensation, and Crime Insurance 5N Resolution No 3164 establishing March 7, 2012 as a Hearing Date to vacate Broadway Avenue between 13 and 16 Streets There were no comments from the public 06 09:37 M /S /C /U (Arends /Runyon) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — RESOLUTION NO 3161 TO APPROVE BACK -IN ANGLE PARKING ON 4 T " STREET AND 5 STREET FROM KIWANIS PARK TO WARREN AVENUE Gunnar Fridriksson, Public Works & Utilities — Engineering, explained that the proposed redevelopment of 4 and 5 Street as "Green Streets" will provide multiple benefits, including sustainability through drainage improvements, traffic calming, reduced vehicular speeds, and implementation of the bicycle boulevards designated in the Non - Motorized Transportation Plan adopted by City Council in 2007 The proposed angle parking along 4 th Street is an effective method to narrow an overly wide residential roadway and reduce vehicle speeds, allowing the corridor to operate suitably as a bicycle boulevard Because 4 th Street is designated as a bicycle boulevard, the back -in /head out angle parking is recommended because this configuration allows a driver exiting the stall to see the cyclists The Public Works Committee reviewed the proposed changes at their meeting on December 7, 2011 Comments from the public in favor of the parking change were received by Maggie Williams Comments and concerns from the public against the parking change were received by Donald A. Palmer Teri Hodgden Joe Hudson Jodet Parker and Terry Telle 06 35 Motion was made by Runyon, and seconded by Wheeler, Comments and questions were then provided by Runyon, Flemister, Wheeler, and Daugs 06.37 M /S /C (Runyon/Wheeler) Move to pass Resolution No 3161 to approve back in, angle parking on 4 th Street and 5 th Street form Kiwanis Park to Warren Avenue Voted in favor of Motion Brockus, Runyon, Wheeler, Flemister, Younger, Wofford, Daugs, McDonald Voted against Motion Arends Motion carried 8 -Yes, 1 -No City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 3 of 6 613 — APPROVAL OF SEPTEMBER 11 MEMORIAL DESIGN CONCEPT FOR EVERGREEN ROTARY PARK Wyn Birkenthal Parks & Recreation Director, summarized that the Kitsap 9/11 Memorial Committee has developed a revised concept for the 9/11 Memorial to be located in Evergreen Rotary Park The revised design is responsive to public comment received on the initial concept Modifications include the addition of landscaping improvements, reduced footprint within the park, improved pathway circulation and lower construction costs owing a lesser quantity of concrete and other hardscape elements The design's circular plaza with embedded timelines of 9/11 events was previewed by the public and the Parks Commission at a public meeting held December 6, 2011 and has been very well received Dave Fergus of Rice Fergus Miller Architects, and Lead Designer for the 9/11 Memorial, showed a PowerPoint presentation to provide further details on the revised design Mr Birkenthal clarified that the action before the Council tonight was only to approve the design concept, and if approved by Council, allows the Committee to begin fundraising efforts Mr. Fergus explained that this is not the "final" design because further refinements are still expected Comments from the public in support of the memonal design concept were received by David Lee Roy Lusk Buck Buchanan and Daniel Sheehan There were no comments from the public against the memonal design concept 06 53.40 Motion was made by Brockus, and seconded by Runyon, Comments and questions were then provided by Brockus, Younger, Wofford, Runyon, Arends, Wheeler, Daugs, and McDonald 07:06:35 M /S /C /U (Brockus /Runyon) Move to approve the revised design concept for the September 11 Memorial to be located in the undeveloped portion of the Evergreen Rotary Park formerly known as the Chevron Property 6C — AWARD CONSTRUCTION CONTRACT TO SOUTH BAY EXCAVATING INC FOR PARK AVENUE PLAZA 4 TH STREET EAST SURFACE IMPROVEMENTS AS PART OF THE PARK AVENUE PLAZA PHASE II PROJECT Gary Sexton Executive Department, stated that this public works construction contract is for Park Avenue Plaza Phase II, 4 th Street East surface improvements to include sidewalks, street, landscaping, lighting and crosswalks The lowest responsive bidder was South Bay Excavating, Inc in the amount of $722,500 00, including Washington State sales tax Comments and concerns from the public were received by Robert Parker Joe Hudson Todd Best and Sandy Corbit 07.32:12 Main Motion was made by Wofford, and seconded by Arends, Comments were provided by Wofford and Runyon 07.33:35 Amending Motion was made by Runyon, and seconded by Flemister to "allow the loss of not more than 6 parking spots ", Comments were provided by Runyon, Arends, Wheeler, and Flemister 07 40 12 AMENDING - M /S /C (Runyon /Flemister) Move to add the language to "allow the loss of not more than 6 parking spots" Voted in favor of Amendment Wheeler, Flemister, Daugs, Runyon, McDonald Voted against Amendment Arends, Younger, Wofford, Brockus Amendment carried 5 -Yes, 4 -No 07 42:45 MAIN - M /S /C (Wofford /Arends) Move to approve the Park Avenue Plaza 4 th Street East improvement construction contract with South Bay Excavating, Inc in the amount of $722,500 00, City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 4 of 6 including Washington State sales tax, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Flemister, Younger, Wofford, Daugs, Brockus, Runyon, Wheeler, McDonald Voted against Motion Arends Motion carried 8 -Yes, 1 -No Council recessed from 7 43 to 7 53 PM PUBLIC HEARINGS 7A — ORDINANCE NO 5178 TO APPROVE A SIX (6) MONTH EXTENSION ON THE EXISTING MORATORIUM RELATING TO MEDICAL MARIJUANA COLLECTIVE GARDENS Allison Daniels Community Development, emphasized that the action before City Council is to conduct a public hearing to grant a six (6) month extension on the existing moratorium (Ordinance No 5159) which was approved on September 1, 2011 Council approved the six (6) month moratorium on all applications and permits for Medical Marihuana Collective Gardens as it was determined by City Council that the Bremerton Municipal Code (BMC) does not adequately address the placement of these uses, the impacts that these uses may present, and the City does not currently have sufficient regulations to property review and consider Medical Marijuana Collective Gardens in the community Currently staff is continuing to follow changing Federal and State regulations and other jurisdictions code amendments and implications regarding Medical Marihuana Collective Gardens RCW 35 63 200 and RCW 36 70A 390 authorizes cities to extend a moratorium for a period not to exceed six (6) months, unless a public hearing is conducted to extend one or more six (6) month moratoria President McDonald opened the Public Hearing for comments With no member of the public wishing to comment, the Hearing was closed to the public and opened for discussion by the Council 07:56.08 Motion to pass Ordinance No 5178 was made by Brockus, and seconded by Daugs, Comments were provided by Brockus and Runyon 07.58:55 M /S /C /U (Brockus /Daugs) Move to approve Ordinance No 5178 extending six (6) months to the existing moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marihuana Collective Gardens 713 — ORDINANCE NO 5177 TO AMEND THE ZONING CODE RELATING TO OPIATE SUBSTITUTION TREATMENT FACILITIES Allison Daniels Community Development, summarized that the action before Council is to conduct a public hearing and adopt an ordinance for zoning code amendments to Chapters 20 46, 20 86, and 20 98 of the Bremerton Municipal Code to address Opiate Substitution Treatment Facilities President McDonald opened the Public Hearing for comments, which were received by Robert Parker and Todd Best With no further member of the public wishing to comment, President McDonald closed the Hearing to the public and opened for discussion by the Council 08 07 Main Motion to pass Ordinance No 5177 was made by Wofford, and seconded by Wheeler, Comments were provided by Wofford 08 17 09 Amending Motion offered by Runyon to include a hybrid option "R" which would include Options A and D Amending Motion failed died due to lack of a second Ms Daniels pointed out a correction on the map displayed for Option D City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 5 of 6 President McDonald reopened the Public Hearing for comments, which were received by Robert Parker With no further member of the public wishing to comment, President McDonald again closed the Hearing to the public and opened for discussion by the Council, Comments and questions were provided by Daugs, Brockus, Runyon, Arends, and Wheeler 08:36.25 M /S /C (Wofford/Wheeler) Move to pass Ordinance No 5177 [Option D] amending the Zoning Code relating to Opiate Substitution Treatment Facilities Voted in favor of Motion Younger, Wofford, Daugs, Brockus, Wheeler, Flemister, Arends, McDonald Voted against Motion Runyon Motion carried 8 -Yes, 1 -No 7C — ORDINANCE NO. 5179 TO ADOPT THE PROPOSAL TO MODIFY CITY COUNCIL DISTRICT BOUNDARIES FOR THE CITY OF BREMERTON FROM 9 TO 7 Bill Eley IT Manager, explained that each decade, the U S Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation Also at the November 2011 election, the citizens of Bremerton approved a charter change reducing the City's districts from nine to seven To formalize the new district boundaries and the reduction form nine to seven, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance can not be adopted for at least a week after the public hearing As such, tonight's action is to make a presentation, illustrating the new boundaries and then hold the public hearing The ordinance will be presented to Council for formal adoption at the February 15, 2012 Council Meeting It was also explained that an appeal process was available through the state 45 -days from date of approval President McDonald opened the Public Hearing for comments With no member of the public wishing to comment, the Heanng was closed to the public and opened for discussion by the Council Comments and questions were received by Runyon and Brockus President McDonald reiterated that Ordinance No 5179 will be presented to Council for formal adoption at the February 15, 2012 Council Meeting COUNCIL MEMBER REPORTS Leslie Daugs reported it has been a busy and exciting first month, attending several events including a retirement party for Cecil McConnell and the AWC Legislative Action Conference She has been appointed to several Committees, and lastly will be donating 5% of her salary back to the City and challenged her fellow Council Members and Department Heads to do the same Adam Brockus mentioned the District 3 Meeting that was held last night, and will be inviting Public Works Director Katy Allen to the next District 3 meeting on Tuesday, February 21 Roy Runyon announced that Win -Co is hiring, and that he will be donating 5% of his salary to the Bremerton Farmer's Market Greg Wheeler announced that his next District 5 Neighborhood Meeting will be held on Monday, February 6 from 6 30 to 8 00 PM in the basement at the Community of Christ at Memorial Lutheran Church located at the corner of 10` & Veneta with April Mills leading a discussion on Evergreen Rotary Park, and Bill Eley will be discussing the proposed new Council District Boundaries Faye Flemister announced the Salad Bowl Sunday 2012 Unity Celebration hosted by Emmanuel Apostolic Church will be held at 4 00 PM on Sunday, February 26, 2012 in the President's Hall at the Kitsap Sun Pavilion, and Surviving Change and New Life will present a program "Remembering & City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 6 of 6 Moving Forward" as part of a Black History Celebration to be held at Bremerton High School on Friday, February 17 from 8 30 to 10 30 AM Carol Arends invited everyone to attend the First Friday Art Walk this week downtown, as well as the Charleston District Eric Younger noted in the Kitsap Sun that a new Starbucks will soon be located on Kitsap Way next to Walgreens, which is exciting especially during the current recession Nick Wofford reported that the Kitsap Historical Museum will be opening a new, free exhibit during the First Friday Artwalk, and that he was pleased to be donating 5% of his salary to Kitsap Mental Health Services and the Bremerton Food Bank Jim McDonald announced the Council would be joining the Mayor and Department Heads for a Joint Planning Session on Saturday, February 4, 2012 from Noon to 4 00 PM in the Mayor's Conference Room With no further business, President McDonald adjourned the Council Meeting at 9 02 PM Prepared and Submitted by UJOU Legislative Assistant et SHANNON CORK Interim City Clerk - ;, `, L "`/ J116f McDONALD, City Council President JMSCIscg