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Home My WebLink About01/16/2013 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES PRowl _, M 6 2013 Wednesday, January 16, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 16, 2013, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Roy Runyon, Adam Brockus, Leslie Daugs, and Jim McDonald Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Council Assistant Christine Grenier 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 Jim McDonald followed by the invocation provided by Manor Jim Baker of Salvation Army PUBLIC RECOGNITION Mike Walton Bremerton YMCA Marketing Director, provided an update on the latest phase of the remodel of the YMCA, encouraged the community to loin the Y with no joining fees in January, and announced upcoming events Cary Bozeman reported that the Parks Funding Task Force is officially formed and will be holding its first meeting tomorrow, and thanked Council Member Roy Runyon for his service to the City Robert Parker also thanked Mr Runyon for representing the City, and thanked the Mayor, Wyn Birkenthal and Parks staff, and the Public Works Department for helping to make a meeting happen recently in the Charleston area Manor Jim Baker and Tina Boewe of Salvation Army, invited the Council to attend a Reception for Sally's Place which will be held on Sunday, January 27 beginning at 1 00 PM in the Meeting Chambers followed by the Groundbreaking Ceremony at 832 6 th Street which is expected to conclude at 3 00 PM Jerry McDonald announced that Terry Brooks will return to Bremerton on February 21 to provide a presentation on branding John Thomas expressed concerns about badly needed repairs in his neighborhood at the intersection of Perry Avenue and Cascade Trail MAYOR'S REPORT — Mayor Patty Lent • Responded that there will be a list of street improvement projects that will be supported by the car tab fees available on the City's website, • Proclaimed January 29, 2013 as "Ready, Set, Go 5 -2 -1 -0 Obesity Prevention" Day, and provided the proclamation to Susan Buell YMCA of Pierce- Kitsap County, who then announced the "5- 2 -1 -0" Kick -Off Celebration would be held on Tuesday, January 29 from 12 00 to 1 30 PM in the Meeting Chambers, • Introduced Terry Schroeder Kitsap Continuum of Care Coalition, who encouraged the community to participate in "Project Connect" which will offer free services and information to homeless families and vulnerable individuals on Wednesday, January 23 from 10 00 AM to 3 00 PM at the Sheridan Community Center, • Added that Olympic Gold Medalist Nathan Adrian will be speaking at the Salvation Army event on January 27, City Council Reg Mtg Minutes Wednesday, January 16, 2013 Page 2 of 6 • Introduced Rana Tan Production Coordinator for the Bremerton Community Theatre, who invited the community to attend the "Kaleidoscope 2013 — Washington State Theatre Festival" being held from February 28 to March 3 at the Bremerton Community Theatre, • Congratulated Community Development Director Andrea Spencer and staff for receiving a "National Planning Achievement Award' from the American Planning Association which will be presented on April 16 in Chicago during the Annual National Planning Conference, and also thanked Tim Thomson Port of Bremerton Chief Executive Officer and John Powers KEDA Executive Director, for their support, • John Powers KEDA Executive Director, provided a brief report on economic development activities, and invited the Council to attend the KEDA Annual Decision Makers Breakfast on January 29 beginning at 10 00 AM at the Kitsap Conference Center, and thanked Roy Runyon for his years of service and for volunteering on the KEDA Board of Directors, • Attended a Sports Hall of Fame Awards Ceremony, • Reported on the Clean Trade Alliance Listening Session that was held on Monday, and • Thanked Roy Runyon for his service CONSENT AGENDA 5A — Claims & Check Register Check Numbers 351683 through 351879, and EFT -12485 through EFT- 12530 in the amount of $2,404,089 93, Regular Payroll and Pay Outs for the pay period ending December 31, 2013 in the amount of $722,820 88 5B — Minutes of Meeting — January 2, 2013 5C — Minutes of Special Meeting — January 9, 2013 5D — Appointment of Colleen Smidt to the Parks & Recreation Commission 5E — Appointment of Patrick Watson to the Parks & Recreation Commission 5F — Renewal of 5 -Year Service Contract with Kitsap County for BKAT Services (KC458 -12) r C— — Re APpFey l of Amendment No 2 ♦e Real Estate PUFGhase and Sale AgFeement with ' GFax PaFtMe'° ' Moved to General Business... There were no comments from the public President Wheeler welcomed Colleen Smidt and Patrick Watson to the Parks & Recreation Commission Ms. Smidt commented that she looked forward to serving on that board 06:19:25 Motion was made by Flemister, and seconded by Brockus Comments were provided by Runyon 06:20:10 M /S /C /U (Flemister /Brockus) Move to approve the CONSENT AGENDA as presented PUBLIC HEARING PUBLIC HEARING ON ORDINANCE NO. 5205 TO AMEND THE BREMERTON MUNICIPAL CODE (BMC) FOR MEDICAL MARIJUANA COLLECTIVE GARDENS Allison Daniels Community Development, stated that the action before the City Council is to conduct a public hearing and adopt an Ordinance to amend BMC Section 20 40 160 and Chapter 20 42 BMC of the Zoning Code relating to medical marijuana collective gardens within the City and to add a definition for medical marihuana collective gardens President Wheeler opened the public heanng for comments, which were received by Ezra Eickmeyer City Council Reg Mtg Minutes Wednesday, January 16, 2013 Page 3 of 6 With no further comments, the public hearing was closed to the public and opened to the Council Members for discussion 06:36:17 Main Motion was made by Brockus, and seconded by Daugs Comments and questions were provided by Brockus, Runyon, Daugs, McDonald, Wofford, and Younger, with responses provided by Ms Daniels and Assistant City Attorney Mark Koontz 06:40:28 Motion to Continue was made by Runyon Motion died due to a lack of a second 06:50:07 Main Motion — M /S /C (Brockus /Daugs) Move to pass Ordinance No 5205 amending the Zoning Code to prohibit medical marijuana collective gardens within any zoning district of the City Voted in favor of Motion Daugs, Brockus, Flemister, Arends, Younger, Wofford, McDonald, Wheeler Voted opposed to Motion Runyon Motion carried 8 -Yes, 1 -No GENERAL BUSINESS 7A — PURCHASE AND SALE AGREEMENT WITH BOAT LAUNCH INVESTMENTS, LLC FOR PROPERTY LOCATED AT 1116 CHARLESTON BEACH ROAD Chal Martin Public Works & Utilities Director, explained that the City has received an offer of $140,000 to purchase the property located at 1116 Charleston Beach Road from Boat Launch Investments, LLC, who proposed to use the budding for a retail site The assessed value of the property is $142,390 The property was acquired during the SR304 Transportation Improvement Project using Transportation Improvement Board Grant funds A condition of the funds requires proceeds from the sale be used for Arterial Street Improvements within the City The requested action is approval of the purchase and sale agreement for the property at 1116 Charleston Beach Road There were no comments from the public 06:51:30 Motion was made by Brockus, and seconded by Daugs Comments and questions on the Main Motion were provided by Brockus, McDonald (conflict with appearance of fairness), Runyon, Younger, Flemister, Arends, and Wheeler, with responses provided by Mr Martin, Mr Lubov►ch, and Mayor Lent No comments or questions were provided by Council Members regarding the Motion to Continue 07:05:17 Motion to Continue made by Younger and seconded by Runyon 07:05:26 Motion to Continue — M /S /F (Younger /Runyon) Move to continue to February 6, 2013 Voted in favor of Motion Runyon, Younger, Wofford Voted opposed to Motion Brockus, Flemister, Arends, Daugs, Wheeler Abstained McDonald Motion to Continue Faded 3 -Yes, 5 -No, 1- Abstention 07:08:28 Main Motion — M /S /C (Brockus /Daugs) Move to approve the purchase and sale agreement, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and further, authorize the Mayor to finalize and execute all documents necessary to complete the transaction Voted in favor of Motion Runyon, Flemister, Arends, Wofford, Daugs, Brockus, Wheeler Voted opposed to Motion Younger Abstained McDonald Main Motion carried 7 -Yes, 1 -No, 1- Abstention City Council Reg Mtg Minutes Wednesday, January 16, 2013 Page 4 of 6 713 — AGREEMENT WITH KITSAP COUNTY FOR INCARCERATION OF CITY PRISONERS Dave Boynton Police Department, summarized that the action before Council is approval of the contract for Incarceration of City Prisoners at the Kitsap County Jail The contract is for a one -year term The contract amount if for $630,000 for 9,000 bed days There were no comments from the public 07:20:57 Motion was made by Runyon, and seconded by Daugs Comments and questions were provided by Runyon, Brockus, and Younger, with responses provided by Mr Boynton and Judge James Docter 07:35:32 M /S /C /U (Runyon /Daugs) Move to approve the Kitsap County /City of Bremerton Agreement for Incarceration of City Prisoners with Kitsap County, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 7C — RESOLUTION NO. 3186 TO SUPPORT KITSAP COUNTY'S ENACTMENT OF A ONE TENTH OF ONE PERCENT SALES AND USE TAX IN KITSAP COUNTY Judge James Docter explained that in 2005, Washington State approved legislation allowing counties to raise their local sales tax by one -tenth of one percent to augment state funding for mental health and chemical dependency services, housing for mental health and /or addictions, and therapeutic courts This equates to one penny for every $10 of purchases or $10 for every $10,000 of purchases As social services are cut, these programs are being affected adversely, our citizens are not being served and /or treated properly, and public safety is jeopardized Kitsap County will consider this issue at a Work Study Session on January 28 and this meeting will be open for the public to attend If the County decides to take action, that will also be during a public meeting Joe Roszak Kitsap Mental Health Services Executive Director, discussed the types of services that are needed by age group in Kitsap County Daryl Daugs Kitsap Habitat for Humanity Executive Director, emphasized that prevention and treatment are not currently covered by health care programs like Medicaid when people are incarcerated and this proposal would help the community immensely Comments from the public were received by Dave Boynton, Kraig Perry; Pam Hamon Eric Dolan Jacqueline To/entino Wendv Pe/ner Larry Meyer Robert Parker Jerry MacDonald and Betsy Keiaher (Kitsap Recovery Center) 08.29:35 Motion was made by Daugs, and seconded by Brockus Comments and questions were provided by Daugs, Runyon, Wofford, Brockus, Younger, Wheeler, Arends, and Flemister, with responses provided by Judge Docter, Mr Roszak, Mr Daugs, Ms Keigher, and Mr Boynton 09:17:48 M /S /C (Daugs / Brockus) Move to approve Resolution No 3186 supporting Kitsap County enacting a one -tenth of one percent countywide sales and use tax for the purpose of providing funds for provision of mental health treatment and /or chemical dependency treatment programs and services, and for the operation or delivery of therapeutic court programs and services Voted in favor of Motion Arends, Younger, Wofford, McDonald, Daugs, Brockus, Runyon, Flemister Abstained Wheeler Motion carried 8 -Yes, 1- Abstention City Council Reg Mtg Minutes Wednesday, January 16, 2013 Page 5 of 6 7D — RE- APPROVAL OF AMENDMENT NO. 2 TO REAL ESTATE PURCHASE AND SALE AGREEMENT WITH LORAX PARTNERS, LLC City Attorney Roger Lubovich explained that the City Council approved Amendment No 2 to the Real Estate Purchase and Sale Agreement with Lorax Partners, LLC for the residential air space on property commonly known as Park Avenue Plaza on September 5, 2012 Substantial changes have been made to the amendment since City Council approval and staff is requesting re- approval of Amendment No 2 with the incorporated changes Amendment No 2 has been executed contingent upon City Council approval There were no comments from the public 09:20:40 Motion was made by Runyon, and seconded by Brockus There were no comments from the public and there were no comments from the Council Members 09 21:04 M /S /C /U (Runyon / Brockus) Move to re- approve Amendment No 2 to the Real Estate Purchase and Sale Agreement with Lorax Partners, LLC and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as represented and further authorize the Mayor to extend the contingency date and related provisions as deemed appropriate COUNCIL MEMBER REPORTS Roy Runyon welcomed new business Tracey's Barber Shop now located at 717 Pacific Avenue, and looked forward to meeting the appointee that will serve District 4 Leslie Daugs announced that the Habitat for Humanity store and offices (formerly known as "Builders Bargains ") will be moving to 3451 Wheaton Way next to the Grocery Outlet, and volunteers will be helping remodel the space to make room for the store on Monday, January 21 from 9 00 AM to 3 00 PM To volunteer at the event, please visit www kitsar)habitat org or call (360) 479 -3853 Jim McDonald attended the Gorst Creek Watershed Advisory Committee Meeting with Mayor Lent Council recessed from 9 25 to 9 30 PM for a BKAT taping break then Council Member Reports were continued Greg Wheeler presented a plaque to Council Member Roy Runyon in recognition of his 5 years of service from January 1, 2008 to January 31, 2013, and announced that the Council will be holding an Executive Session regarding "Potential Litigation" and action is anticipated Roy Runyon recalled his time on Council and was pleased that there have been great debates which provided the best result for the residents, thanked his wife Kimberly for her support, and planned on staying involved in the community Greg Wheeler announced that there will be a vacancy on the Council and applications are due by January 25, and that he will be a keynote speaker at the Martin Luther King Jr Annual Celebration on Monday, January 21 at the Presidents Hall at the Kitsap County Fairgrounds Council recessed at 09 38 PM for a 15- Minute Executive Session to discuss "Potential Litigation" per RCW 42 30 110 (1)(1), and action was anticipated 09:46:40 M /S /C /U (McDonald /Runyon) Move to authorize the Risk Management Specialist to expend up to $55,000 for clean -up and settlement with the property owner at 1328 Coffman Avenue, Bremerton, Washington related to a sewer overflow November 19, 2012 City Council Reg Mtg Minutes Wednesday, January 16, 2013 Page 6 of 6 With no further business, President Wheeler adjourned the Council Meeting at 9 47 PM Prepared and Submitted by CHRISTINE GRENIER Council Assistant A est ' SHANNON CORK City Clerk ILI �X/ GREG W ELER, City Council President GW SC I