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Home My WebLink About04/16/2014 COUNCIL DIGITAL RECORDING MOM CITY COUNCIL MEETING MINUTES MY 1 1014 Wednesday, April 16, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April 16, 2014, 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 Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthews, Information Services Manager. 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 Mike Sullivan followed by the invocation provided by Reverend Debbie Little of First Christian Church, Disciples of Christ. MAYOR'S REPORT — Mayor Patty Lent... • Thanked Reverend Debbie Little pointing out that she is one of 5 women leaders in our faith - based community; • Invited the community to attend the Pacific Avenue Ribbon Cutting Ceremony on Friday, April 25 at 11:30 AM at the corner of 6 th Street & Pacific Avenue; • Announced that the Annual Kid's Fishing Day will be on Saturday, April 26 from 8:00 AM to 1:00 PM near Otto Jarstad Park located at 4398 West Belfair Valley Road; • Because the event outgrew the previous location, the upcoming West Sound STEM Showcase has been moved to the Kitsap Mall on Saturday, April 26 from 10:00 AM to 3:00 PM; • Proclaimed the Week of May 4 through 10, 2014 as "Drinking Water Week "; with the proclamation accepted by Kathleen Cahall Water Resources Manager; who also encouraged citizens to take part in the free online Mayor's Conservation Pledge through the end of April; • Brought forward Bremerton Farmers Market Board President Carolee Valentine and Bremerton Farmers Market Manager Julia Zander who announced that Thursday, May 1 from 4:00 to 7:00 PM would be the Opening Day for the Bremerton Farmers Market at Evergreen Rotary Park; and on Sunday, May 4 from 10:30 AM to 2:30 PM for the Bremerton Farmers Market near the Ferry Terminal. Council Members were also urged to schedule a "Meet the Council Day" this season; • Explained that applications are due by Friday for students interested in traveling to Bremerton's Sister City Kure, Japan as part of the Exchange Student Program; Families interested in hosting a student from Kure, Japan are asked to contact Elaine Valencia at (360) 473 -5266; and invited the community to attend the Sister City Banquet on Saturday, May 17 beginning at 7:00 PM at the Kitsap Conference Center where 30 dignitaries from Kure, Japan will be in attendance; • Was pleased the "Stand Down for Veterans and their Families" event was back this year, and will be held on Saturday, April 26 from 9:00 AM to 2:00 PM at the Sheridan Park Community Center; • Invited Director of Public Works Chal Martin to announce the City will be conducting a trial run for single lane traffic flow from April 21 to 24 along Washington Avenue between 4 th Street and the Manette Bridge; and also provided an update on the Bridge to Bridge Urban Trail; BPD BRIEFING Police Chief Steve Strachan provided a monthly report. KEDA BRIEFING John Powers Executive Director for the Kitsap Economic Development Alliance provided an update. City Council Reg. Mtg. Minutes Wednesday, April 16, 2014 Page 2 of 6 PUBLIC RECOGNITION Deirdre McKeel reported on a pesticide workshop she recently attended in Portland, OR due to her concerns with the use of pesticides by the City of Bremerton, and suggested that "Pesticide Free Zone" signs could be used by property owners who didn't want pesticides used near their property. Katie Hardiman announced the 2014 Empty Bowl event will be held on Saturday, April 26 beginning at 2:00 PM at the Bremerton Eagles Hall. Tavler Niemy agreed against the use of pesticides and encouraged the use of green alternatives. He also mentioned a protest against Monsanto was planned for Thursday, April 24. Richard "Rick" Richtmyer organized a volunteer clean -up of the beach along Lions Park; presented a plan to "adopt the beach "; and thanked Council Member Mike Sullivan for offering to help. CONSENT AGENDA 7A — Claims & Check Register: Check Numbers 357748 through 357936, and EFT -13739 through EFT -13771 in the amount of $2,354.040.62; Regular Payroll (Supplemental for Missed Over - Time) for the pay period ending March 15, 2014 in the amount of $917.99; and Regular Payroll for the pay period ending March 31, 2014 in the amount of $692,640.83 719 — Minutes of Meeting — April 2, 2014 7C — Minutes of Study Session — April 9, 2014 7D — Basic Life Support Agreement between the City of Bremerton, Handlers Racing Association, and South Kitsap Fire & Rescue 7E — Ordinance No. 5247 to update Section 11.10.010 of the Bremerton Municipal Code (BMC) due to a grammatical error 7F — Amendment No. 2 to the Lease Agreement with Port Orchard Sand & Gravel 7G — Amendment No. 1 to the Interlocal Agreement with the Kitsap Public Facilities District (KPFD) for Expansion of the Kitsap Regional Conference Center P P 9 7H — Purchase and Sale Agreement for Right -of -Way on Lower Wheaton Way Project 71— Ordinance No. 5246 to amend Ordinance No. 5235 relating to the City of Bremerton Fiscal Year -2014 Budget There were no questions or comments by the public... 06:30:11 Motion was made by Younger and seconded by Sullivan; Questions and comments were provided by Runyon; with a response provided by Chal Martin 06:32:00 M /S /C (Younger /Sullivan) Move to approve the CONSENT AGENDA as presented. Voted in favor of Motion: Sullivan, Daugs, McDonald, Davis, Younger, Wheeler Abstained: Runyon (due to serving as the Vice Chair of the KPFD Board...) Motion carried: 6 -Yes; 1- Abstention GENERAL BUSINESS 8A — PUBLIC WORKS AGREEMENT WITH LAKESIDE INDUSTRIES, INC. FOR REPAVING OF GOLD MOUNTAIN GOLF COURSE ENTRANCE ROAD JEFF ELEVADO Parks Department, described that the entry road to the Gold Mountain Golf Course requires repair and repaving. The roadway has deteriorated with areas of "alligatored" asphalt and failing shoulders due to water damage. The exceptionally wet winter has accelerated this deterioration. City Council Reg. Mtg. Minutes Wednesday, April 16, 2014 Page 3 of 6 The Public Works Department is currently under contract with Lakeside Industries, Inc. for the Belfair Valley and Lake Flora Road Preservation Project. Work for this project will include paving on Belfair Valley Road that ends just past the entrance road to Gold Mountain. The opportunity provided by the contractor being `on- site" and completing the Gold Mountain entrance road repairs in conjunction with the Public Works project affords significant cost savings. Lakeside Industries, Inc. has provided a proposal to complete the work for $66,350.48 (including sales tax). There were no questions or comments by the public... 06:34:00 Motion was made by Younger, and seconded by Runyon; Questions and comments were provided by Runyon, Sullivan, and Daugs; with responses provided by Mr. Elevado 06:36:41 M /S /C /U (Younger /Runyono) Move to approve the Public Works Agreement for the Repaving of the Gold Mountain Golf Course Entrance Road; authorize the Mayor to finalize and execute the agreement with Lakeside Industries, Inc. with substantially the same terms and conditions as presented; and amend the 2014 Golf CIP in its entirety to replace items approved with the repaving project ($65,000) and Concession /Restroom Facility ($38,500). CLOSED RECORD HEARING 9A — CLOSED RECORD HEARING ON ORDINANCE NO. 5248 TO APPROVE A REZONE OF TWO (2) PARCELS LOCATED AT 3 RD AVENUE WEST AND SINCLAIR WAY/WEST SUNN FJORD LANE FROM "INDUSTRIAL PARK" (IP) TO "LOW DENSITY RESIDENTIAL" (17110) Allison Satter Community Development, explained that consistent with the 2013 Comprehensive Plan Amendments, the action before the Council is to grant approval of a rezone of the subject parcels located approximately at 3` Avenue West and Sinclair Way/West Sunn Fjord Lane (Tax Parcel ID 282401 -1- 085 -2001 and 282401 -1- 086 -2000) from Industrial Park (I P) to Low Density Residential (R10). City Attorney Roger Lubovich described the procedure for the Closed Record Hearing on the Hearing Examiner's recommendation (Quasi - Judicial); and stated the action before the Council shall be one of the following actions: 1) Approve and Adopt the Hearing Examiner's Findings and Recommendations; 2) Modify and Approve the Hearing Examiner's Findings and Recommendations based upon Council findings; 3) Reject and Deny the Hearing Examiner's Findings and Recommendations on the proposal as originally submitted based upon Council findings; or 4) Continue the Closed Record Hearing and Remand to the Hearing Examiner for clarification on issues of record. a. No public testimony on remand. b. Requires consent of applicant if remand causes decision to be made beyond 120 -day review period. President Wheeler 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 Wheeler 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. City Council Reg. Mtg. Minutes Wednesday, April 16, 2014 Page 4 of 6 Discussion was then opened to the Council... 06:44:20 Motion was made by Daugs; and seconded by Davis, Questions for clarification were made by Daugs and Runyon; with responses provided by Ms. Satter 06:47:05 M /S /C /U (Daugs /Davis) Move to pass Ordinance No. 5248 approving a rezone of 3` Avenue West and Sinclair Way/West Sunn Fjord Lane from "Industrial Park" to "Low Density Residential ". PUBLIC HEARINGS 10A — PUBLIC HEARING ON RESOLUTION NO. 3217 TO AUTHORIZE LAND EXCHANGE BETWEEN THE CITY OF BREMERTON AND THE UELAND TREE FARM Bill McKinney Forestry Manager with Public Works & Utilities, stated that Bremerton Public Works and Ueland Tree Farm are proposing the exchange of similarly valued forestland properties situated north and west of Alexander Lake respectively. The Ueland Tree property has been identified by staff as early as 1992, as being valuable for the City's forest and land management program. A recent appraisal values both properties at $160,000 each. Additionally, the parties would reciprocally grant forest management access (non - public) easements to the subject properties. It is recommended that Council approve the surplus of the City utility property and approve the proposed property exchange and grant of easements. President Wheeler opened the public hearing... Comments from the public against this action were provided by Jack Stanfill Sue Hein Plummer Deirdre McKeel and Mary Hein Hemick with Jeff Sherwood addressing the question about the assessed value of the property... Comments in favor of the action were provided by John Taylor with Mark Mauren representing Ueland Tree Farm, offering some clarifications to previous comments.... With no further public comments received, President Wheeler closed the hearing to the public, and opened discussion to the City Council... 07:19:41 Motion was made by Runyon; and seconded by McDonald, Questions and comments were provided by Runyon, Daugs Younger, and McDonald; with responses provided by Mr. Sherwood Mr. McKinney and Mr. Mauren 07:36:45 M /S /C (Runyon /McDonald) Move to adopt Resolution No. 3217 declaring City utility property located at Section 19, Township 24 North, Range 1 East, surplus to the needs of the City; and authorize the Mayor to finalize and execute deeds and other documents necessary to affect the exchange of the City's property described in Exhibit A and for Ueland Tree Farm property described in Exhibit B along with the reciprocal grant of easements. Voted in favor of Motion: Davis, Runyon, Younger, McDonald, McDonald, Wheeler Voted opposed to Motion: Daugs Motion carried — 6 -Yes; 1 -No 10B — PUBLIC HEARING ON ORDINANCE NO. 5249 TO AMEND THE BREMETON MUNICIPAL CODE (BMC) BY REPEALING TITLE 19 "MOBILE HOMES" IN ITS ENTIRETY; AND MAKING SEVERAL AMENDMENTS TO THE ZONING CODE IN TITLE 20 "LAND USE " Nicole Floyd Community Development, summarized that the action before Council is to conduct a public hearing and adopt an ordinance amending BMC Title 19 and Title 20 as follows: 1) Repeal Title 19 regulating Mobile Homes City Council Reg. Mtg. Minutes Wednesday, April 16, 2014 Page 5 of 6 2) Add language to meet state requirements for Electric Vehicle Infrastructure 3) Update the Sign Code, replacing amortization with other provisions and generally improving consistency within the chapter 4) Revise both the Institutional and Employment Center zones to ensure consistency between both zones President Wheeler opened the public hearing... With no comments from the public, President Wheeler closed the hearing to the public, and opened discussion to the City Council... 07:48:02 Motion was made by Davis, and seconded by Runyon; Comments were provided by Runyon and Daugs... 07:50:00 M /S /C /U (Davis /Runyon) Move to pass Ordinance No. 5249 to repeal BMC Title 19 related to Mobile Homes, and amend Title 20 related to Electric Vehicle Infrastructure, Sign Code Provisions, and allowed uses in the Employment Center and Institutional Zones. COUNCIL MEMBER REPORTS Roy Runyon announced that the Sinclair Inlet Clean -Up would be held on Saturday, April 19 from 11:00 AM to 2:00 PM and will include the Bremerton waterfront, as well as shorelines of Bachman, Lions, and Evergreen Rotary Parks. Dino Davis was excited for two upcoming events, the Empty Bowl fundraiser to benefit the Bremerton Foodline on Saturday, April 26 beginning at 2:00 PM at the Eagles Hall; and the Annual Cinco de Mayo Celebration on Saturday, May 3 along Callow Avenue. Leslie Daugs announced the National Library Week events at both the Downtown and Sylvan Way Kitsap Regional Libraries, the Stand Down for Veterans, and the Empty Bowl fundraiser. Mike Sullivan encouraged residents who would like to volunteer to help with the Lions Park Monthly Work Party on Saturday, April 26 at 10:00 AM or to join the Adopt a Beach Program, to contact Rick at (360) 373 -0282; and enjoyed being a judge for the Washington State Science & Engineering Fair. Greg Wheeler encouraged attendance rain or shine at the Kiwanis Park Egg Hunt & Easter Parade on Saturday, April 19 from 1:00 to 3:00 PM. EXECUTIVE SESSION President Wheeler announced that Council met for a 50- minute Executive Session to discuss "Pending Litigation" under RCW 42.30.110 (1) (i); and a "Real Estate Acquisition and Sale" under RCW 42.30.110(1)(b) and 42.30.110(1)(c). President Wheeler announced that immediately following the adjournment of the Council Meeting, the Council would convene for an Exempt Closed Session to receive an "Update on Labor Negotiations" per RCW 42.30.140 (4)(b), and that no action was anticipated. With no further business, President Wheeler adjourned the Council Meeting at 8:55 PM. Prepared nd Submitted by: LORI SMITH Legislative Assistant City Council Reg. Mtg. Minutes Wednesday, April 16, 2014 Page 6 of 6 Attest: a�AA SHANNON CORIN, City Clerk vV GREG W ER, City Council President GW:SC:ls: