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HomeMy WebLinkAbout03/02/05 IDJI&l - - - - -,_._~ DIGITAL RECORDING "', .: . "! . ,~ CITY COUNCIL MEETING MINUTES MAR 1 6 zoes Wednesday, March 2, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, March 2, 2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation provided by Reverend Debbie Little of First Christian Church. President NYQren made the following announcements: 1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; 2. Public Recognition will be heard immediately following the Consent Agenda tonight; and 3. A Study Session would be held on Tuesday, March 8th from 5:30 to 7:00 PM in Council Conference Room 603 for continued discussion on "Proposed Amendments to Title 20 of the Bremerlon Municipal Code relating to the Zoning Code" with Chris Hugo, Director of the Community Development Department. MAYOR'S REPORT - Mayor Bozeman... . Provided details from the 2004 Year-Ending Preliminary Financial Report; . Read a Proclamation to proclaim the Month of March 2005 as "Brain Injury Awareness Month", which was accepted by Suzanne Griffin with the Brain Injury Association of America; . Read a Proclamation to proclaim the Month of March 2005 as "Red Cross Month"; which Mayor Bozeman accepted on behalf of Janet Mayberry of the American Red Cross. PUBLIC SERVICE ANNOUNCEMENTS Jodi Wroblewski from the Parks Department invited citizens interested in a Bremerton Dog Park to attend a community meeting on the subject at the Sheridan Community Center at 6:00 PM, Thursday, March 3rd. Daren NVQren encouraged the community to participate in the Kitsap County Youth Forum to be held at the Kitsap County Fair Grounds Pavilion on Saturday, March 1 ih from 2:30 to 8:30 PM. Citizens may call Gabe Neil at 337-4879 for more information. CONSENT AGENDA A. Check Numbers 297955 - 297957; 297976 - 298126; and EFT-6714 - EFT-6727 in the amount of $1,152,226.91 (#AB05-055) B. Minutes of Meeting - February 23, 2005 (#AB05-056) C. Sole Source Purchase of a Bomag 813 Paver Machine from WESTERN POWER AND EQUIPMENT (#AB05-057) D. Professional Services Agreement with URS CORPORATION for Engineering and Architectural Services for the Pump Station 4 Redesign and Remodel Project (#AB05-058) E. Resolution No. 2958 extending the existing loan from the EQUIPMENT RENTAL RESERVE FUND to ULlD 2002-1 Fund (#AB05-059) 5:47:25 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. uJ City Council Reg. Mtg. Minutes Wednesday, March 2,2005 Page 2 of 5 PUBLIC RECOGNITION Suzanne Griffin, Brain Injury Association, will be providing a public service announcement for the Norlhwest Afternoon program on March 14th at 2:00 PM at Fischer Plaza in Seattle. For more information regarding events and programs, people may call (360) 475-6480. 6A - RESOLUTION NO. 2956 TO SURPLUS AND APPROVE SALE OF PUBLIC UTILITY PROPERTY (38) ACRES FORMERLY KNOWN AS THE TRACYTON WATERSHED) TO BEALKO. INC. (#AB05-060): Phil Williams, Public Works & Utilities Director, explained that the City received an offer from BEALKO, INC. to purchase the Tracy ton watershed in late November 2004. Staff recommended at that time to declare the property surplus and authorize the Mayor to sign a purchase and sale agreement. The Council directed staff to work with the neighbors who had expressed concerns over the sale to conduct a public informational meeting near the site and then place the item back on the Council agenda for re-consideration. That meeting was held on January 2ih and attended by approximately 40 people. The property is not currently used for public utility service nor will it be required for providing public utility service in the future. In the opinion of staff the offer to purchase the property is reflective of its fair market value. Staff recommends the purchase and sale agreement be signed and if the sale is closed that any remaining concerns be addressed during the required environmental reviews that will be conducted during the development process itself. Property surrounding the reservoir would be retained by the City which is approximately 1.2 acres. Mr. HUQO stated that plans adopted by the County and City indicate that the property was designated for low density residential development. He added that governments must conduct action consistent with the Growth Management Act and that there is no budget provided for capital spending for open space. Mr. Short asked for clarification of the location of the proposed sale property relative to possibly annexation areas. Mr. Lubovich provided financial details of the proposed sale, and explained that due to specific requirements regarding the surplus and sale of public utility property, this action would require a "super majority" vote in favor of the Motion to pass. Paula Johnston, City Clerk, noted that phone calls and e-mails were received in the Council Office by Scot Groulik, Ann Lovell, Marla Brady, Eleanor BerQsma, and Roy Runyon expressing their opposition to the sale of this property. The following citizens provided their comments opposed to the sale of this properly: Todd Anderson; Scot Groulik; Judith BerQsma; Sydney Cotton; Ann Lovell; Jan Williams; John Pierson; Emma Hill; William Radford; Glem Carden; Cris Gears; Stephen Kriefels; David Hall; Melva Hill; David Krouse; Kim Markman; and Jill Bates. Cris Gears, County Administrator spoke on behalf of the Kitsap County Commissioners and requested a 90-day delay in the sale of this property so that other options may be discussed. Mr. GehrinQ hoped that the City would find a solution that best served the interests of the City and the citizens; but concluded that because his constituents have clearly shown that they do not support the property sale, he would represent their interests. Mr. Short thanked the public for their comments and believed that the area could be developed responsibly with housing and green space.~ Mr. Maupin also thanked those who expressed their concerns, and emphasized that the City should decide where the money would be best invested to establish green space to benefit all of the citizens. City Council Reg. Mtg. Minutes Wednesday, March 2, 2005 Page 3 of 5 Mr. McConnell clarified that the property belongs to the Water Utility not the Parks Department; stated that the City must follow guidelines as set by the Growth Management Act and do what is best for the City; and supported use of green space. Mrs. Arends expressed concern about the County's involvement in this matter; thought this may be an opportunity to reclaim funds by selling the property versus raising utility rates; and discussed City liability issues over the City owning this property. Ms. Priest supported the establishment of green space and development through good planning; but also has concerns about safety and liability issues, and the long-term cost of maintaining the property; and agreed that accessibility to green space should benefit the entire city. Mr. McConnell asked for the appraised value of the property. Mr. Williams answered the appraisal value would be provided at a later time. Mr. McConnell asked if the property was not sold, what would then happen to the property. Mr. Williams stated that the property was only recently acquired, so no long range plans had yet been determined for the property. However, short-term issues like access and liability need to be addressed. Mr. McConnell mentioned that a constituent had expressed concerns to him about people using the property to dump yard waste. Mr. Williams stated that access could have potential risks, but fencing the property would address that. Ms. Robinson hoped to consider what is best for the City and for the citizens, as well as consider the financial benefit to the utility. Mr. Maupin pointed out that the projected population growth for Kitsap County would require additional housing needs, and this particular area may be better used for developing housing within the City of Bremerton and still maintain open space in the County. Mr. Short emphasized that planning is necessary in the process to balance benefits and citizen concerns. Ms. Priest asked for clarification on critical areas. Mr. HUQO stated that allowing some green space or critical area environment near homes may actually increase real estate values; and open space often provides for wildlife habitat and slope stabilization. . Mr. NVQren asked if the area has not been annexed into the City, would services be provided. Mr. HUQo expected that development could proceed, but utilities service would only be provided to City residents. Mr. Lubovich clarified that the development is not contingent upon annexation. Mr. NYClren commented that how the property would be developed required further study, and asked what percentage of the land could be developed. Mr. HUQO answered that about 2/3 of the property is developable. Mr. NVQren asked if the County currently has mitigation and impact fees. Mr. HUQO answered that the County could collect fees, and that the City would be able to collect fees through the SEPA process for roads, but not on schools, but that the City would not enter into a service agreement unless the property was annexed. Mr. Lubovich added that service agreements would require annexation, especially if the City utility services were extended beyond our urban growth area boundaries, but the sale is not contingent upon annexation. Mr. Williams added that the existing agreement expired on February 28 and was extended to tonight for Council action. Mr. NYQren suggested that a survey be done to determine if it is possible to deliver services to that area if developed; and asked if an appraisal of this property has been done. Mr. Williams indicated that the appraisal was done prior to acquisition. Mr. NYQren suggested a 30-day extension to allow time to review options. The Council recessed from 7:17to 7:25 P.M. '\ City Council Reg. Mtg. Minutes Wednesday, March 2,2005 Page 4 of 5 Mr. McConnell asked if the Commissioners had discussed other options. Mr. Gears answered that grant funding, a combination of community-fundraising and County-provided interim funding, and property swaps were all possible options. Mr. NVQren encouraged citizens to contact the Council Office at (360) 473-5280 to receive notice of other public meetings regarding this issue. 7:29:35 M/S/C/U (Arends/Gehring) Move to continue Resolution No. 2956 to surplus Public Utility Property and purchase/sale agreement for the property known as the Tracy ton Watershed to April 6, 2005. 7 A - ORDINANCE NO. 4933 GRANTING CASCADE NATURAL GAS CORPORATION A FRANCHISE (#AB05-061): Michael Mecham, City Engineer, stated that the CASCADE NATURAL GAS franchise recently expired; and therefore City staff coordinated with CASCADE NATURAL GAS staff to draft a new franchise. The proposed Ordinance grants CASCADE NATURAL GAS a ten-year franchise. There were no comments from the public. Ms. Robinson asked when the agreement would expire. Mr. Mecham answered the franchise would expire in the year 2015. 7:35:12 M/S/C/U (Short/Robinson) Move to approve Ordinance No. 4933 granting CASCADE NATURAL GAS CORPORATION a franchise with the City of Bremerton. 7B - RESOLUTION NO. 2957 RATIFYING THE KITSAP COUNTYWIDE PLANNING POLICIES AS AMENDED BY THE KITSAP COUNTY BOARD OF COMMISSIONERS (#AB05-062): Chris HUQo, Community Development Director, mentioned that the Kitsap Countywide Planning Policies (CPP's) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the State Growth Management Act. The CPP's were originally adopted and ratified by all Kitsap County local governments in 1992. In 2000, a major update of the CPP's was commenced by the Kitsap Regional Coordinating Council. Amendments were adopted by the Board of Kitsap County Commissioners and ratified by the Council in 2001 and December 2003. The proposed 2004 amendments address some of the most important matters related to urban growth including policies on transfer of governance, association of urban growth areas with cities, and the balance between urban and rural growth. Council ratification of the amendments as adopted by the Kitsap Board of County Commissioners on November 22,2004, is a procedural requirement. Marv McClure, Executive Director with the Kitsap Regional Coordinating Council (KRCC) was available to provide further clarification. There were no comments from the public. Mr. Maupin commented that the language in the policies would provide for 76% of growth to be focused into urban growth areas. Mr. Short added that he and Ms. Arends served on KRCC boards throughout this very thorough process. Mr. GehrinQ acknowledged the efforts behind these documents, but still had concerns over language that may create unfunded mandates. 7:42:30 M/S/C (Arends/Short) Move to pass Resolution No. 2957 ratifying the Kitsap Countywide Planning Policies with 2004 amendments as adopted by the Kjtsap County Board of Commissioners on November 22, 2004. City Council Reg. Mtg. Minutes Wednesday, March 2, 2005 Page 5 of 5 Voted in favor of Motion: Robinson, Arends, Maupin, Short, McConnell, Priest, Nygren Voted opposed to Motion: Gehring Motion carried: 7-Yes; 1-No PUBLIC RECOGNITION Don Larson, Kitsap Trees, expressed concerns over stormwater run-off over pavement; and expressed concern about trees planted in recent projects have not survived. COUNCIL MEMBER REPORTS Mike Short invited citizens to attend the next District 6,7,8, & 9 Community Meeting on Monday, March 7, 2005 at the Oyster Bay Public Works Facility from 7:00 to 8:30 P.M. to hear a presentation on the proposed "Law & Tax Levy" initiative. Dianne Robinson thanked Council Member Mike Shepherd for his assistance in obtaining information on the EPA assessment processes and how to move forward on Sesko and McConkey properties; met with the Parks Department regarding Batann Park, and indicated that she will be announcing the details of a public meeting soon. Lastly, she would like to address the need for street repairs and installation of sidewalks to improve safety for residents in District 6. Cecil McConnell invited citizens to attend the next District 1 & 2 Community Meeting on Tuesday, March 24, 2005 from 6:30 to 8:00 PM to hear a presentation on the "Law & Justice Levy" at the Sheridan Park Recreation Center located at the corner of Clare Avenue & Lebo Boulevard. Brad GehrinQ also encouraged citizens to attend the next District 1 & 2 Community Meeting; and reported on his attendance at the AWC Conference with Dianne Robinson last week and a Policy Makers meeting he attended which are bringing together cities, tribes, and the community to come up with a long-term water use plan. Daren NYQren recognized Dr. Cal Whorpman of the Lions Club for his long-time volunteer service to the community and his involvement with the Eye Bank which has assisted in corneal transplants. With no further business, the meeting of the City Council was adjourned at 7:56 P.M. Prepared and Submitted by: "'-i~R~R ~- Council Assistant \ ~ ( DAREN NYGREN, City Coun DN/PJ/ls/cge