HomeMy WebLinkAbout12/23/03 TAPES #1928 & 1929 ~
CITY COUNCIL MEETING MINUTES J~] ~ ?
Tuesday, December 23, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, 239 4th Street, Bremerton, Washington, Tuesday, December 23, 2003, at 5:30 P.M., with
Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric
Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Brad Gehring. Aisc
present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Assistant
Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Paster G.T. Johnson formerly of Brownsville United Methodist Church.
President Arends made the following announcements:
1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss
updates to the agenda; and
2. The next Council meeting would be held Tuesday, December 30, 2003.
CONSENT AGENDA
A. Purchase of a new JOHN DEERE 410 BACKHOE LOADER (#AB03-235)
#0025 M/S/C/U (McConnell/Rollman) Move to approve Consent Agenda as presented.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing
that had been made available to the Council.
#0040 M/S/C/U (Younger/McConnell) On December 23, 2003, the Council approved payment for Check
Numbers 286661 through 287062; and EFT~7971 through EFT-7976 in the total amount $2,344,015.73.
COUNCIL MEMBER REPORTS
Brad Gehring thanked those in military service who are serving abroad, especially during the holiday
season.
Cecil McConnell wished everyone a Merry Christmas.
Daren NyRren wished everyone a wonderful holiday season and looked forward to the new year.
Ed Rollman thanked Council Members for the opportunity to serve with them, and for choosing him as
Chair of the Council Operations Committee. In addition, he hoped that the City could find a way to honor
the OImstead and Bremer families at some point in the future.
Mike Shepherd commented on the District 5 meeting held last Thursday, and mentioned that street
concerns need to be addressed.
Eric Younger wished the citizens a happy holiday and was excited about being able to share a first
Christmas with his 4 month old son.
Will Maupin wished everyone a Merry Christmas and a happy holiday, and urged everyone to be safe.
He also reminded the public that the Council meeting would still be televised tomorrow.
Mike Short hoped that everyone would have a safe and warm holiday season; and announced that
while the Council meeting was being held tonight, the actual broadcast would be tomorrow.
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December 23, 2003
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Carol Arends announced that AUTO ZONE located on 6th Street near Naval Avenue was now open;
wished everyone a joyous holiday season; and commented that we are all very lucky to be here and
have so much to be thankful for.
MAYOR'S REPORT - There was no Mayor's Report this evening.
PUBLIC RECOGNITION
Gordy Byrd wished the Council Members a Merry Christmas.
8A - AUTHORIZATION TO PURCHASE INSURANCE COVERAGE FROM AFFILIATED FM
INSURANCE COMPANY {#AB03-236): Pec~av Lesser, Risk Manager, stated that City Council approval
is required to purchase property insurance, and that a presentation on property insurance coverage was
considered by the Council Committees on December 16, 2003. Staff recommends that the City Council
approve the purchase of property insurance from AFFILIATED FM INSURANCE COMPANY at an annual
premium of $161,467.
There were no comments from the pub~lc.
#0355 M/S/C/U (McConnell/Rollman) Move to authorize the City's Risk Manager to purchase property
insurance coverage from AFFILIATED FM INSURANCE COMPANY.
8B -ALLOCATION OF ~;650,000 IN HOME PROGRAM FUNDS TO KITSAP COMMUNITY
RESOURCES (#AB03-237): Michelle Eichorn, Community Development, explained that as a member
of the Kitsap County HOME Consortium, the City of Bremerton receives an annual allocation of HOME
funds from the Department of Housing & Urban Development (HUD) to expand the supply of safe,
sanitary, and affordable housing for Iow-income persons. The City Council is responsible to make the
final determination concerning use of the funds.
Kitsap Community Resources requests $650,000 of HOME funds for use as a portion of the overall
acquisition and tenant relocation costs of OPAL COURT apartment complex in Bremerton. The apartment
complex will continue to serve Iow-income tenants; however, the units would be used for a Transitional
Housing Program. The Transitional Housing Program will provide affordable housing combined with
case management services for Iow-income, homeless, and at-risk-of-homelessness families and
individuals.
There were no comments from the public.
Mr. Nytclren asked if any City funds or HOME funds were used to purchase this property while under
previous ownership. Marilyn Waibel, Community Development, confirmed that Kitsap County had used
HOME funds for prior pumhase.
Mr. Maupin asked where the money would go when the owners go out of business and the City
acquires the property. Larry Eyers, Kitsap Community Resources (KCR), responded that the proceeds
of the sale would go towards paying off the debt that the church incurred while trying to offer these
services. Mr. Younger asked why the church was getting out of the business. Mr. Eyers stated that
the church did not have the financial resources to provide this type of program, and that KCR is a larger
organization and more experienced in providing services to the population who would benefit from this
program. Ms. Waibel added that there is a clause in the agreement which states the organization must
pay back the money if it is not used within 15 years.
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Mr. Younger asked if any application been denied under the home ownership program. Me. Waibel
answered that no application has been turned down. She also stated that the program is very
successful with about 40 to 60 loans per year. Anyone interested in the Down Payment Assistance
Program may call (360) 473-5375.
Mr. Shepherd emphasized that this is a vital service to provide the community.
#0680 MISICIU (Shepherd/McConnell) Move to approve allocation of $650,000 to KITSAP COMMUNITY
RESOURCES from HOME program funds.
8C - INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR SALES TAX REVENUE SHARING
{#AB03-238): Michael Wilson., Finance Director, established that this agreement provides for a financial
arrangement with Kitsap County for sharing sales tax revenues as a result of the relocation of LOWE'S
HOME IMPROVEMENT WAREHOUSE from within the City of Bremerton to an area just outside the City limits.
The sales tax revenue sharing payments shall be for a period of three years on a phase-down basis
(75%- first year; 50%- second year; and 25%~ third year).
There were no comments from the public.
#0780 M/S/C/U (Short/Rollman) Move to approve the proposed Interlocal Agreement with Kitsap County
for sharing in sales tax revenues generated from LOWE'S HOME IMPROVEMENT WAREHOUSE.
8D - AGREEMENT WITH KITSAP COUNTY FOR INCARCERATION OF CITY PRISONERS (#AB03-
239): Michael Wilson, Finance Director, explained that the City of Bremerton houses in-custody
prisoners at the Kitsap County Jail at a current base rate of $62 per day. Due to the construction of a
new jail facility and resulting improved efficiencies, the Kitsap County has proposed a new agreement
which lowers the daily rate to $56 for 2004. The duration of this agreement shall continue beyond 2004
with provision that the County provides the City with any rate adjustments for the succeeding year by
September 30 of each year, and the City shall then approve such rates within the Annual Budget.
There were no comments from the public.
Mr. McConnell would like to remove the word "shall" from the agreement; was concerned that the City
may not be getting the best rates with this contract; and noted that he preferred contracts continue to
come before Council. Mr. Wilson established that the City currently has contracts with several
jurisdictions to assure getting competitive rates. He clarified that once contracts are approved, they only
require further Council action if there are any amendments necessary for the contract renewal. Mr.
Lubovich added that if the City would like different rates, the contract can be terminated within 90 days.
Mr. Younger and Mr. McConnell questioned if an individual were arrested at 11:00 P.M. and released
at 1:00 A.M., would fees be charged for two days. Mr. Wilson stated that most contracts allow for fees
to be charged on a 24-hour cycle, and that this contract would therefore bill that time as two days.
#1'105 M/S/C/U (Maupin/Short) Move to approve the Kitsap County/City of Bremerton Agreement for
Incarceration of City Prisoners subject to City Attorney approval of insurance provision.
9A - RESOLUTION NO. 2914~ SETTING A HEARING DATE OF JANUARY 14~ 2004 FOR VACATIN~
THE EASTERLY PORTION OF THE ALLEY BOUNDED BY WARREN AVENUE~ PARK AVENUE~ 8TM
STREET~ AND '10TM STREET (#AB03-240): Luke Korpi, Engineering, stated that the City initiated the
vacation of the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street, and
10th Street. The Bremerton Fire Department has proposed a new Fire Station on the property abutting
the proposed vacated portion of the alley, and will relocate the alley to the west of its current location.
This is a Class ! right-of-way and compensation is not required in accordance with BMC 11.20.080.
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December 23, 2003
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There were no comments from the public.
#1175 M/S/C/U (McConnell/Rollman) Move to pass Resolution No. 2914, setting a hearing date of
January 14, 2004, for vacating the easterly portion of the alley bounded by Warren Avenue, Park
Avenue, 8th Street, and 10th Street.
9B - ORDINANCE NO. 4878 [SECOND READING] APPROVING AMENDMENT TO ORDINANCE NO,
4826, RELATING TO THE FISCAL YEAR 2003 BUDGET (#AB03-226):
This first reading of this ordinance was heard at the Council meeting on December ~6, 2003.
There were no comments from the public.
Council Members expressed concerns over funding for the fountain project proposed for the Conference
Center, and determined that in order to balance the budget, revenue sources must be properly matched
with the corresponding Conference Center project expenditures. Therefore, the most appropriate action
would be to remove the line item "OTHER REVENUES - FOUNTAIN' from the proposed budget, and address
that issue in a separate budget adjustment at a later time.
#2816 M/S/C (Nygren/Short) Move to pass Ordinance No. 4878 on second reading, by deleting "OTHER
REVENUES - FOUNTAIN" under Section 5 in Fund 301; reduce capital outlay under said fund by $450,000;
and reduce "REVENUES AND EXPENDITURES" accordingly.
Voted in favor of Motion: Nygren, Shepherd, Maupin, Short, Arends
Voted opposed to Motion: McConnell, Rollman, Younger, Gehring
Motion carried: 5-Yes; 4-No
#2788 A-M/S/C (Shepherd/McConnell) Move to direct the Administration to spend no further money on
the fountain project until authorized by the City Council.
Voted in favor of Motion: Gehring, McConnell, Nygren, Rollman, Shepherd, Maupin, Arends
Voted opposed to Motion: Younger, Short
Motion carried: 7-Yes; 2-No
9C - ORDINANCE NO. 4879 [SECOND READING] AMENDING BMC CHAPTER 3,82 COMMERCIAL
PARKING TAX {#AB03-230): The first reading of this ordinance was heard at the Council meeting on
December 16, 2003.
There were no comments from the public.
Mr. Youn~er questioned if this ordinance were passed, could changes still be made during discussion of
the ordinance for the 2004 budget. Mr. Lubovich emphasized that the separate rate ordinances must
be passed prior to the final passage of the budget, because those items are part of the budget package.
Mr. Wilson added that the Council may choose what order to hear ordinances, but once the ordinances
are approved, those rates would be used to finalize the budget and therefore could not be changed.
#3176 M/S/C/U (Rollman/Nygren) Move to pass Ordinance No. 4881 on second reading, amending BMC
Chapter 3.82 COMMERCIAL PARKING TAX.
TAPE #1929
9D - ORDINANCE NO. 4880 [SECOND READING] UPDATED BMC CHAPTER 3,0t RATES AND
FEES (#AB03-228): The first reading of this ordinance was heard at the Council meeting on December
16, 2003.
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Del Knauss endorsed a higher fine for those who block a fire hydrant than those who park on a
sidewalk.
Bill Hoke expressed concerns over increased fees to cover basic costs, and endorsed high funding for
BKAT services.
Mr. McConnell asked if fees were listed for changes in the zoning ordinance. Mr. HuRo answered that
the fees are presented in the ordinance, and clarified that some of the fees are based on changes in the
zoning code and the remaining fees are based on the Comprehensive Plan. Mr. Short was interested in
seeing a comparison of Community Development fees among comparable municipalities. Mr. Hullo
stated that 24 other municipalities were reviewed and assured Council that the City of Bremerton is in
the median range for charging these fees.
Mr. Short pointed out that no one department should feel the brunt of the increased costs like benefits in
the form of increased fees.
Mr. Shepherd suggested that fees for pet license fees be raised by $1 to cover their cost to the
GENERAL FUND. Ms. Johnston established that the increase is already included in the proposal, and
covers the $2,000 cost increase for the Animal Control Contract. Mr. Nygren was concerned that
responsible pet owners who already license their pets should not be penalized, and further urged more
people to license their animals.
Mr. Gehrin.q was opposed to some of the increases in Community Development fees, and suggested a
one-time exemption for short plat applicants to lessen the burden.
Mr. Rollman was pleased that projected revenue for Ivy Green Cemetery would increase based on fee
increases and applications for spots at the cemetery.
Mr. Short explained that senior citizens have stated through the Animal Control Committee process that
they do not necessarily need to receive reduced pet license rates. Mr. McConnell had thought the main
goal was to get people to license their pets, and therefore should not be punished if the pets are not
spayed or neutered.
Council called a recess at 7.'28 P.M. and business resumed at 7:38 P.M. The vote on the Main Motion
was taken immediately when the Council reconvened.
#0525 M/S/C (Short/Maupin) Move to pass Ordinance No. 4880 on second reading.
Voted in favor of Motion: Shepherd, Younger, Maupin, Short, McConnell, Nygren, Rollman, Arends
Voted opposed to Motion: Gehring
Motion carried: 8-Yes; 1-No
#0830 A-M/S/F (Gehring/McConnell) Move to provide a one-time exemption to leave the fee set at the
current level on "SUBDIVISIONS TABLE C" for individuals who apply for a short plat or long plat.
Voted in favor of Motion: Gehring, Shepherd
Voted opposed to Motion: Rollman, Younger, Maupin, Short, McConnell, Nygren, Arends
Motion Failed: 2-Yes; 7-No
9E- ORDINANCE NO. 488t [SECOND READING] SETTING RATES AND FEES FOR WATER~
WASTEWATER~ AND STORMWATER UTILITIES AND AMENDING BMC CHAPTER 18.06 (#AB03-
231 ): The first reading of this ordinance was heard at the Council meeting on December 16, 2003.
Mr. Knauss asked the Council to consider putting a limitation on fee increases since one increase is
being proposed now, and another increase may be proposed following review of the rate survey.
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Mr. Shepherd suggested that Council not approve a rate increases until the rate study is completed,
and utility costs and actual rates could be determined. Mr. Lubovich clarified that the BMC allows for
automatic CPI adjustments, and the only way to affect the rate increases would be to make a contingent
motion.
Mr. McConnell asked if the rates would be based on the survey results or the ordinance. Mr. Wilson
answered that the rates would be based on the current rates in effect at the time of the completion of the
survey.
Mr. Short agreed that the ordinance should be amended to include the CPI adjustment as part of the
rate increase, assuming a rate increase based on the findings of the rate survey. Mr. Wilson responded
that the survey would take that into consideration.
Mr. Maupin commented that there was a cost to operating the water system and the CPI adjustment
was necessary to cover those costs. The rate survey will propose what the rates should be, and the
Council will then decide how to deal with the rates after the survey is completed.
#1265 M/S/C/U (Younger/Maupin) Move to pass Ordinance No. 4881 on second reading.
9F- ORDINANCE NO. 4882 [SECOND READING] AMENDING BMC CHAPTER 3.50 UTILITY TAXES
(#AB03-229): The first reading of this ordinance was heard at the Council meeting on December 16,
2003.
Mr. Knauss expressed concerns over the trend of tax increases. He asked how much revenue these
tax increases would raise; and what are the beginning and ending balances of the budget. Mr. Wilson.
answered the tax increases would raise $330,000; and that the beginning fund balance was about
$600,000, and the ending fund balance was about $1.2 million. This increase was due to a transfer of
Discretionary Reserve money to the General Fund. The ending fund balance is used for cash flow
purposes and is not a surplus. The extra funds are needed to cover expenditures during the first quarter
of the year when property taxes have not been collected yet.
Ms. Arends commented that in previous years, the City was borrowing money to have cash flow prior to
collection of property taxes.
Mr. Rollman added that some time ago, the Council had promised the citizens a 1% reduction in the
garbage tax per year, and was concerned that no reductions have yet been made. Mr. Shepherd
commented that he would like to eliminate the tax in its entirety.
#'1600 M/S/C (ShortJMcConnell) Move to pass Ordinance No. 4882 on second reading, as amended.
Voted in favor of Motion: Gehring, McConnell, Nygren, Rollman, Younger, Maupin, Short, Arends
Voted opposed to Motion: Shepherd
Motion carried: 8-Yes; 1-No
#16t0 A-M/SIC (McConnell/Gehring) Move to amend Section 3.50.050 to reduce the solid waste tax
from 11% to 10%.
Voted in favor of Motion: Gehring, McConnell, Rollman, Shepherd, Younger
Voted opposed to Motion: Maupin, Short, Nygren, Arends
Motion carried: 5-Yes; 4-No
#2278 A-M/SIC (McConnell/Short) Move to freeze utility taxes at current rates for a period of two years
through fiscal year 2005, except for solid waste taxes, unless unfrozen by a City Council super majority
as seated.
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Voted in favor of Motion: Short, Gehring, McConnell, Rollman, Shepherd, Younger, Maupin, Arends
Voted opposed to Motion: Nygren
Motion carried: 8-Yes; l-No
9G - ORDINANCE NO. 4883 [SECOND READING] ADOPTING THE 2004 ANNUAL BUDGET;
REPEALING BMC CHAPTERS 3,"10 AND 3,38; AND AMENDING BMC CHAPTER 3,38 (#AB03-227):
The first reading of this ordinance was heard at the Council meeting on December 16, 2003.
Michael Wilson, Finance Director, announced that the 2004 Budget was comprised of $142,992,232.
There were no comments from the public.
#2340 M/SIC (Younger/Short) Move to pass Ordinance No. 4883 on second reading, as amended.
Voted in favor of Motion: McConnell, Nygren, Rollman, Shepherd, Younger, Short, Gehring, Arends
Voted opposed to Motion: Maupin
Motion carried: 8-Yes; l-No
#2915 A-M/SIC (Rollman/Younger) Move to amend Ordinance No. 4833 to eliminate the Municipal
Services Coordinator position.
Voted in favor of Motion: McConnell, Rollman, Shepherd, Younger, Gehring
Voted opposed to the Motion: Nygren, Maupin, Short, Arends
Motion carried: 5-Yes; 4-No
Council member Mike Shepherd proposed an amendment to remove an additional $115, 000 from the
Economic Development Department. The motion died due to the lack of a second.
Council member Mike Shepherd proposed an amendment to increase the Animal Control License
Revenue by $20,000. The motion died due to the lack ora second.
With no further business, the meeting was adjourned at 8:50 P.M.
Prepared and Submitted by:
CHRISTINE GRENIER ELLINGS~'ON
Council Assistant
~.~.j LA ,)O~IN~'C'O'N', ~p~ty City Clerk //
City of Bremerton
CNP J/Is/cge