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HomeMy WebLinkAbout07/18/2012 DIGITAL RECORDING MW CITY COUNCIL MEETING MINUTES APPRn Wednesday, July 18, 2012 AUG 1 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, July 18, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Also present were City Attorney Roger Lubovich, 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 Pastor Denis Huelle of Peace Lutheran Church SHORELINE MASTER PROGRAM UPDATE Nicole Floyd City Planner II, Community Development, provided a presentation on the Shoreline Master Program Update regarding "Ecology Requirements and Research Documents" More information including the schedule of presentations can be found at SMP @ci bremerton wa us PUBLIC RECOGNITION Teresa Osinski Executive Vice President of the Home Builders Association, asked that before the Shoreline Master Program is adopted, she would like to know how many properties will become "non - conforming ", and what does the City have planned to address this issue Todd Best asked that the Mayor's Report return to the original place on the agenda prior to Public Recognition, felt discouraged that the Council does not seem to recognize or care about the citizens who provide comments, and lastly invited the Mayor, Council Members, and their families to participate in a work party that will be held all day on Saturday, August 4 to clean up the headstones and area around the Tomb of the Unknown Soldier at Ivy Green Cemetery Mike Walton Marketing Director of the Bremerton Family YMCA, provided an update on the construction taking place, and highlighted the activities scheduled at the "Y" over the summer Vern LaPrath began to mention that the Bremerton School District would be asking voters to approve a $7 6 million Capital Projects Levy, however City Attorney Roger Lubovich explained that per the Bremerton City Council Rules and Procedures Rule 9, Item 4 titled "Ballot Issues ", Discussion of ballot issues is prohibited after the issue has qualified for the ballot Wayne Keffer President of Home Builders Association (HBA), and Judy Eagleson 2nd Vice - President of HBA, both shared information on their organization and its range of resources, and indicated that they are available to offer the small business owner and construction industry a fair perspective of issues that come before the Council MAYOR'S REPORT Mayor Patty Lent • Thanked Mr Best for his efforts to organize a clean -up event at Ivy Green Cemetery, • Was proud to present the seventh "Outstanding Performance" award from the Washington State Department of Ecology which was accepted by Wastewater Manager Pat Coxon on behalf of his crew, and Public Works Director Chal Martin • Presented City Clerk Shannon Corin with a Certificate of Completion from the Northwest Clerks Institute, Professional Development I, • Presented Mayor's Appreciation Award to each student from Kitsap Youth in Action for taking pride in their community and helping to eliminate graffiti, City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 2 of 8 • For those looking to enhance their fob skills, the Bremerton Goodwill Job Training & Education Center offers a 9 -week course that begins on August 6, • Looked forward to the 2 nd Annual Brewfest that will be held this Saturday, July 21 from Noon to 9 00 PM in downtown Bremerton, and • Reported that this Sunday, July 22, would be the first time that every single picnic table and shelter in all of the City Parks has been reserved for use by local families CONSENT AGENDA 6A Check Numbers 349030 through 349379, and EFT -11965 through EFT -12028 in the amount of $4,860,997 12, Payouts for Regular Payroll for the pay period ending June 15, 2012 in the amount of $13,66610, Regular Payroll for the pay period ending June 30, 2012 in the amount of $678,381 64, Retiree Payroll for the pay period ending June 30, 2012 in the amount of $63,087 77, and Regular Payroll for the pay period ending July 15, 2012 in the amount of $696,22580 6B Minutes of Meeting — June 20, 2012 6C Minutes of Study Session — June 27, 2012 6D Minutes of Special Meeting — July 11, 2012 6E Minutes of Study Session — July 11, 2012 6F Appointments of Kelli Lambert, Bob Dollar, and Michael Goodnow to the Community Development Block Grant (CDBG) Recommendation Committee 6G Resolution No 3175 granting consent and approval of owner transfer from Sandler Capital Management to Oak Hill Partners (Franchise Agreement) 6H Award Contract to Stan Palmer Construction, Inc for construction of the "Highway Safety Improvement Project' 6I Award Contract to Valmont Industries, Inc for installation of the radio tower antenna on the 100 -foot self supporting Tower at 100 Oyster Bay Avenue 6J Professional Services Agreement with HDR Engineering, Inc for 2012 Wastewater System Comprehensive Plan Update There were no comments or questions from the public 06:15:25 Motion was made by Flemster, and seconded by Wheeler Roy Runyon referred to Item 6G, and asked if Wave Broadband rates would go up City Clerk Shannon Corin responded that this was dust a change in equity partners, and that rates would remain the same f 06:16:36 M /S /C /U (Flem ister/W heeler) Move to approve the CONSENT AGENDA as presented PUBLIC HEARING ' 7A — ORDINANCE NO. 5187 AMENDING CHAPTER 20.04 OF THE BREMERTON MUNICIPAL CODE (BMC) TITLED "STATE ENVIRONMENTAL POLICY ACT " Andrea Spencer Director of Community Development, explained that the Bremerton Municipal Code (BMC) Chapter 20 04 contains provisions for the City's implementation of the State Environmental Policy Act (SEPA) requirements The City's regulations were drafted primarily in 1984, and since that time the state legislature has made modifications to SEPA Staff recommends that Council update the references in the BMC to include new provisions contained in the Washington Administrative Code (WAC) related to SEPA City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 3 of 8 The proposed ordinance contains two (2) updates to the SEPA rules 1) Reference is added to BMC 20 04 010 "Statutory Authority" to include reference to the City's Comprehensive Plan, Capital Facilities Plans, and Municipal Code These references are important to these policies and regulations and their associated environmental review documents are often used during the mitigation process for development projects 2) Adds a new Section 20 04 205 called "Planned Action" This incorporates the provisions contained within the WAC 197-11-164,197-11-168, and 197 -11 -17 President McDonald opened the public hearing for comment With no further comments the hearing was closed to the public and opened to the Council for discussion 06:20:02 Motion was made by Brockus, and seconded by Runyon Mr. Runyon asked if these changes would create hindrances to business development Ms. Spencer answered the process will be streamlined so businesses will benefit from the changes 06:21:09 M /S /C /U (Brockus /Runyon) Move to pass Ordinance No 5187 amending Chapter 20 04 BMC State Environmental Policy Act to include provisions for Planned Action environmental review and clarify the statutory authority 719 — RESOLUTION NO. 3176 ADOPTING THE 2013 -2018 SIX -YEAR TRANSPORTATION IMPROVEMENT PLAN Tom Knuckev City Engineer, summarized that the Six -Year Transportation Improvement Program (TIP) is prepared pursuant to Revised Code of Washington (RCW)3577010 The TIP is updated annually and fled with the Secretary of Transportation, Local Programs Office It is intended as a planning tool for the local, State, and Federal transportation improvement entities The TIP has been prepared for City Council approval by resolution prior to submittal to the Washington State Department of Transportation This TIP is consistent with Bremerton's Comprehensive and Non - Motorized Transportation Plans President McDonald opened the public hearing for comment With no further comments the hearing was closed to the public and opened to the Council for discussion 06:24:10 Motion was made by Runyon, and seconded by Brockus Mr. Runyon asked about O & M estimates, and Mr. Wofford asked if there were any listed items that would be addressed by the TBD Mr. Knuckev responded that information on O & M estimates can be brought to Council at the time they apply for grants, and that two projects on the list would be addressed with TBD funding 06:27:42 M /S /C /U (Runyon /Brockus) Move to approve Resolution No 3176, which approves the City's 2013 -2018 Six -Year Transportation Improvement Plan, and direct the Mayor to forward the i Resolution and Plan to the Department of Transportation, Local Programs Office 7C — CONSIDERATION OF PROTESTS REGARDING UTILITY UNDERGROUND CONVERSION Gary Sexton Project Manager, summarized that as part of the Park Avenue downtown redevelopment project the City converted overhead utilities to underground utilities Pursuant to RCW 35.96 050, when the underground utilities are available for connection, the City must mail notice to adjoining property owners that they must convert such utility service lines from overhead to underground within 90 days after the date of mailing of the notice On May 30, 2012, the City mailed such notice to the adjoining property owners RCW 35 96 050 also provides that if the owner files a written objection to the utility conversion within 30 days from mailing of the notice, that the City shall schedule and conduct a hearing to determine whether such a conversion is in the public benefit Three (3) adjoining property owners have filed a protest The purpose of this City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 4 of 8 hearing is to consider the protests and determine whether or not the removal of services and conversion of utilities from overhead to underground pursuant to RCW 35 96 050 is in the public benefit City Clerk Shannon Corin announced that a letter was included into the record from David A Bricklin of Bricklin & Newman, LLP, on behalf of the Soriano Brothers and Navy Yard Investment Company to protest the conversion City Attorney Roger Lubovich emphasized that the purpose was to determine whether or not the disconnection and removal of all or part of the overhead utilities is in the public benefit If it is determined that it is in the public benefit as required by State law, then the property owners shall convert the service lines from overhead to underground Mr Lubovich further described the process for the hearing tonight, stating that first it would be opened, the Mayor would provide a beef opening statement, Gary Sexton would provide a detailed staff presentation, the protesting property owners would speak to the issue, as well as anyone else present, and then the Council Members will be allowed to comment and ask questions Rebuttal will also be allowed, and Assistant City Attorney Mark Koontz will be available to address legal issues raised by the Council Members Following the presentations and discussion, the Public Hearing would then be closed to allow Council deliberation to come to a decision If necessary, the Public Hearing may be reopened by the Council to ask more questions from anyone that previously made a presentation or provided testimony President McDonald opened the public hearing for comment and testimony Mayor Lent referred to the City's Comprehensive Plan approved in 2004, which includes language that the City would encourage providers to under - ground their utilities Roy Runyon was concerned that even though the City "encouraged underground utilities" the problem is that no discussion was included about who would bear the costs Mr Sexton continued his presentation, using photos and providing further details, including several options that were considered, including suggestions and accommodations that were offered to reduce costs Assistant City Attorney Mark Koontz responded to a request for the definition of "Public Benefit", establishing that because the term is not defined in the statute, and there is no case law that defines criteria, the ordinary dictionary definition is used Mr. Sexton pointed out however, that the preamble to the statute includes language that underground utilities are a public benefit Mr. Sexton along with Mr Koontz further addressed comments and responded to specific questions raised during the discussion by Council Members Daugs, Wofford, Brockus, Younger, Flemister, Wheeler, and Runyon 07:35:35 President McDonald now asked for comment from any other member of the public and /or affected property owners Joe Hudson Evergreen Trophies and Evergreen Kitchen, expressed his concern that he was not even contacted by the City when part of the alley was taken away And then after talking to the potential owners of the apartment complex pad, they revealed that they can not build the apartment until the utilities are underground He is very concerned that no estimates of the costs were ever provided to him and the only beneficiary of under - grounding the utilities appeared to be the private developer of the apartment complex City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 5 of 8 David A. Bricklin Bricklin & Newman, LLP, countered that he believed he found 320 Washington State cases that addressed the issue of "public benefit ", and discussed the specifics of one particular case that addressed an example of a public benefit that was in violation of the constitutional right that prevents the government from taking private property unless it is for public use, not public benefit which he believed this was a similar situation because the City was "forcing the property owners along this alley to dig into their own pockets to help provide for a project that doesn't help them ", which he beleives is not constitutional Jerry L. Soriano provided a brief history on how he first learned about this issue and the reasons why he believes this action was initiated, which would actually be for the benefit of a developer who plans to build apartments He also expressed his disappointment that the City chose to "ignore" a list of other, cheaper options that would have greatly reduced the amount of fees he as a property owner 4s being asked to pay Mr. Koontz addressed the previous comments from Mr Bricklin and Mr Soriano, and summarized that although he can appreciate the arguments and concerns with respect to the costs, it is not a consideration for the Council at this hearing tonight Further comments were received by Wheeler and Flemister, and additional questions were asked by Runyon and Wofford, which Mr Sexton and Mr Koontz responded to Mr Lubovich responded to the possibilities of mitigating costs by establishing that the action before the Council was to determine whether or not this Is a public benefit, and that mitigating costs would be another Issue and McDonald asked questions regarding the letter received from Mr Bricklin Mr. Bricklin also responded to the questions and comments, and also suggested an option for the Council to conclude that this was a public benefit provided that the impact on the private property owners was adequately mitigated He also raised the possibility of continuing the hearing Carlos Jara as a small business owner downtown he was concerned that if the owners were forced to incur these costs, the increase will then be passed onto the customers He believes the "public benefit' would be to help the downtown businesses keep their costs low Jerry McDonald agreed with the previous comments, and if the City places another burden on downtown property owners, it will not do anything to help fill the empty buildings currently in and around downtown Todd Best can see that although the overhead lines are not as aesthetically pleasing, does not believe the property owners should have to pay the costs to place the utilities underground 08:30:10 Motion was made by Runyon to continue the Public Hearing to the August 1, 2012 City Council Meeting Motion died for lack of a second With no further comments from the public, President McDonald closed the Public Hearing 08:31:15 Main Motion was made by Wheeler, and seconded by Brockus 08:33:18 Amendment was made by Runyon, and seconded by Flemister to add " provided that the City mitigate the cost to the property owners to reconnect to underground power" Mr. Lubovich raised several concerns about proposed amendment including the definition of "mitigate ", and what would happen if an agreement is not reached. 08:36:32 with more questions now raised, President McDonald reopened the Public Hearing Mr. Bricklin stated that he and his client would desire further discussion regarding the mitigation issue, as well as provided a suggestion for a more specific term City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 6 of 8 Mr. McDonald questioned if the Council approved the original motion, would there be another mechanism available to assist in reaching a settlement agreement? Mr. Bricklin said that it would be a more expensive option Mr. Hudson said that he would be agreeable to a mitigation option, suggesting that the sale of the pad would provide enough money to pay for the underground conversion 08:39:32 with no further questions or comments from the public, President McDonald again closed the Public Hearing, and reopened discussion to the Council Ms. Flemister was concerned that this action may open the door for other property owners to come forward to also ask for help with mitigating their costs Mr. Koontz provided his reasons why he believed that any action taken by the Council tonight would not affect other projects, and Mr. Lubovich added that the 30 -day time period to object has already passed Mr. Younger provided several reasons why he would not support the amendment Mr. Brockus stated that he believes the City should compensate the property owners, but he too has concerns with the proposed amendment Ms. Daugs expressed her reservations and confirmed that she will vote no on the amendment Mr. Wofford reminded the Council that the costs should not be considered, and clarified that the only decision they are being asked to make is whether or not the action is a "public benefit' Mr. Runyon questioned why the Council would not consider continuing the hearing if they are now concerned they do not have enough information Ms. Daugs further explained why she could not support a continued hearing 08:50:08 Amendment -M /S /F (Runyon / Flemister) Based on the testimony and the record, move to find that the removal of the service lines in the conversion area is in the public benefit, provided that the City mitigate the costs to the property owners to reconnect to underground power Voted in favor of Motion Runyon Voted opposed to Motion Wheeler, Flemister, Younger, Wofford, Daugs, Brockus, McDonald Amendment Faded 1 -Yes, 7 -No Back to the vote on the Main Motion 08:50:50 Main -M /S /C (Wheeler / Brockus) Based on the testimony and the record, move to find that the removal of the service in the conversion area is in the public benefit Voted in favor of Motion Flemister, Younger, Wofford, Daugs, Brockus, Wheeler, McDonald Voted opposed to Motion Runyon Motion carried 7 -Yes, 1 -No President McDonald called a 12- minute recess from 8 52 to 9 04 PM GENERAL BUSINESS 8A — AWARD CONTRACT TO STAN PALMER CONSTRUCTION, INC. FOR LOW IMPACT DEVELOPMENT PROJECTS AND WATER/SEWER REPLACEMENTS (PACIFIC AVENUE AND EAST 1_7 STREET LID) Thomas Knuckev City Engineer, announced that sealed bids for construction of the project titled "Low Impact Development Projects and Water /Sewer Replacements" were opened on July 10, 2012 Two (2) bids were received, and Stan Palmer Construction was the lowest responsive bidder with a bid of $827,245 01 including sales tax The engineer's estimate of probable cost of this project is $700,000 City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 7 of 8 There were no comments from the public 09:06:30 Motion was made by Wheeler, and seconded by Brockus, Comments and questions were then provided Runyon, Brockus, Wheeler, Daugs, and addressed by Mr Knuckey and Public Works Director Chal Martin 09:19:47 M /S /C (Wheeler /Brockus) Move to award a contract in the amount of $827,245 01 including sales tax to Stan Palmer Construction for the construction of the project titled "Low Impact Development and Water /Sewer Replacements" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Younger, Wofford, Daugs, Runyon, Wheeler, Flemister, McDonald Voted opposed to Motion Brockus Motion carried 7 -Yes, 1 -No 819 — REAL ESTATE PURCHASE AND SALE AGREEMENT FOR PARK PLAZA RETAIL PAD AND PARKING LEASE AGREEMENT WITH MUNDY JO HOLDINGS, LLC: AND TRI PARTY WALL AGREEMENT BETWEEN THE CITY OF BREMERTON, MUNDY JO HOLDINGS LLC AND BREMERTON CINEMA, LLC Gary Sexton Project Manager, emphasized that Mundy Jo Holdings, LLC desires to purchase the retail pad located at Park Plaza The proposed real estate purchase and sale agreement is for the retail pad The proposed Parking Lease is for the lease of four (4) stalls at the City parking lot located at 4 th Street & Park Avenue Both the Purchase and Sale Agreement, and Lease Agreement are with Mundy Jo Holdings, LLC The Tri -Party Wall Agreement is between the City of Bremerton, Mundy Jo Holdings, LLC, and Bremerton Cinema, LLC, and establishes an agreement relating to a shared wall There were no comments from the public 09:25:15 Motion was made by Brockus, and seconded by Flemister, Comments and questions were then provided Runyon, and addressed by Mr Sexton 09:27:23 M /S /C /U (Brockus /Flemister) Move to approve the sale of the retail pad at Park Plaza to Mundy Jo Holdings, LLC and authorize the Mayor to finalize and execute the Purchase and Sale Agreement, Parking Lease Agreement, and Tri -Party Wall Agreement with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Greq Wheeler invited the community for free food, vendor booths, raffle drawings, live music, kid's games, a car show and much more at the 2012 Union Hill Block Party to be held on Saturday, August 11 from noon to 6 00 PM, and acknowledged City employees Janet Lunceford and Nicole Floyd, both of the Community Development department Roy Runyon encouraged attendance at Brewfest this Saturday, July 21 from Noon to 9 00 PM Adam Brockus confirmed that he would be at Brewfest, and on behalf of the Bremerton Housing Authority, invited the community to attend an Open House of the newly renovated Winfield Apartments on Thursday, August 2 from 3 30 to 5 00 PM, and also encouraged attendance at the 2012 Manette Edible Gardens & Tour de Coop to be held this Saturday, July 21 Leslie Daugs reminded residents that the Kitsap Pride event will be held on Sunday, July 22 beginning at Noon at Evergreen Rotary Park, offered a 'happy birthday' to Roger, congratulated Daryl Daugs for being selected as the new Executive Director for Kitsap Habitat for Humanity, and encouraged citizens to vote in the primary election City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 8 of 8 With no further business, President McDonald adjourned the Council Meeting at 9 35 PM PrepqMd and Submitte LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk J McDONALD, City Council President JM SC Is cg