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HomeMy WebLinkAbout11/17/99 -rAPEs #4662 # 663 # 664 CITY COUNCIL MEETING MINUTES November 17, 1999 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, Wednesday, November 17, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also in attendance were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, followed by the invocation, given by Deacon Roy Mclnnnis of Sinclair Missionary Baptist Church. Council President Shepherd made the following announcements: (1) City Council held a Pre-Council Session in the Council Conference room, prior to the meeting, to discuss general Council business; (2) There will be a Study Session following the meeting tonight to discuss "Alternatives for becoming ESA compliant with the Endangered Species Act, and Implications for Kitsap County"; followed by a second Study Session to discuss "Recommendations of the Lodging Tax Advisory Committee", in the Council Conference room; and (3) City Council will hold their next Council meeting on Tuesday, November 23, 1999 due to the Thanksgiving holiday. CONSENT AGENDA A. Minutes of Meeting- November 3, 1999 #AB99-244 B. Resolution No. 2728, Setting a Hearing Date of December 22, 1999, #AB99-245 for Vacation of Portions of Washington Avenue, Front (First Street), and an Alley in Association with the Bremerton Transportation Center (BTC) Project #0050 M/S/CIU (McConnell/Montgomery) Motion 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. #0070 M/SICIU (Montgomery/Arends) On November 17, 1999, the Council does approve for payment those vouchers included and further described as follows: 236201 through 236373 in the amount of $219,452.46. COUNCIL MEMBER REPORTS Carlos Montgomery read an observation printed in The Sun regarding the affects of I-695 on the ferry system, which he found interesting. Carol Arends reported on several new businesses opening in District 7. Lon Overson felt the new 4-way stops re-established downtown has been a success. TAPES #1662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 2 of 10 John Law provided a brief update on the District 3 meeting held last evening. He thanked staff from the Planning Department and Legal Department for their support. He reported a committee will be formed to discuss "View Corridors", including ways to support the program. Cecil McConnell thanked all those who turned out to vote in the recent election, especially those who voted for him! Council President Mike Shepherd announced the next District 5 meeting will be held Thursday, November 18, 1999, 6:30 P.M. at Memorial Lutheran Church at 10th & Veneta. Topics to be discussed include "Parks" and a "District Report Card". MAYOR'S REPORT - Them was no report this evening. INFORMATION ITEM A presentation on "Tourism in Bremerton and Kitsap County' was provided by John Clauson, President, and Grant Griffin, Executive Director, both from the Kitsap Peninsula Visitor and Convention Bureau. Roger Brooks, a consultant with Chandler, Brooks & Donaho; and Warren Olsen, Director of the Economic Development Council each provided support information. LEGISLATIVE REPORT A response was provided from the City Attorney to citizen concerns regarding the last-minute addition of an item to the Council Agenda a few weeks ago. RCW Chapter 42.30 requires that notice be given to the public of the time and place of City Council meetings. The City's Charter and ordinances provide for regular City Council meetings on Wednesdays at 5:30 P.M. in the Council Chambers. So long as appropriate notice of the meeting is provided to the public, and the meeting is open to the public, no notice of specific agenda items is required by state or local laws. The City of Bremerton prefers to give notice of the full agenda, and routinely does. Items needing Council attention do arise last minute on rare occasion, resulting in inclusion of agenda items not known when the Agenda was published. PUBLIC RECOGNITION Tom McDonald voiced his concerns over the recent reports of proposed budget cuts from Kitsap Transit which included the layoffs of approximately 20 disabled workers. Gordy Byrd agreed. President Shepherd announced the Transit Commission meets the first Wednesday of each month. John Thomas felt the City should take the $3 million proposed for the purchase of the KPS building, and pay back the citizens for the construction of the Public Works building because when a bond issue was proposed for that purpose, it was voted down by the citizens. Don Larson provided a newsletter on updates of underwater parks titled "Beneath the Surface". John Pecker asked 1) Why the City was $400,000 in debt; 2) How does the Council oversee the budget; 3) If the City receives money back from the State later on, will this money be used to reduce fees to ratepayers; 4) Will any of the money generated from the proposed rates and fee increases be used to purchase the KPS building; and 5) "Why", not "how", was the "Purchase Offer of the KPS Building" item added to the Council Agenda at the last minute. Ruth Natividad offered her comments on a recent guest editorial by David Farr printed in The SUN. TAPES #I 662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 3 of 10 Robert Dollar, representing members of the International Federation of Professional & Technical Engineers, Local 12, from PSNS, provided a letter which raised concerns of potential safety problems at the cross-walk located at State Street and Burwell Avenue. Mr. Montgomery stated he supports the installment of embedded strobe lights for that cross-walk. Dan Waldbillig referred to the Environmental Impact Statement, which included specific information on the intersection in question. Sandra Kay Fletcher, and Linda Cogan, of PAWS, Ellia Ginn, of Animal Rescue Family, Melody Pew, and Lynn Marie Bassey spoke in opposition to any budget cuts to the City of Bremerton's Animal Control Department. Earl Nelson stated the City should implement new policies allowing the Department to generate more revenue. H. E. Moshay applauded David Farr for the "informative" guest editorial provided to The SUN. Susan Brown asked for information on the revising and updating the Bremerton City Council Rules & Procedures. President Shepherd announced he and Mr. McConnell would work together on updating these rules, and any suggestions should be addressed to either of them. Dave Richards stated the Council should listen to the "message sent" with the passage of I-695. Louis Mentor felt the City should find out what other cities have done in the aftermath of I-695. Larry Dickerson spoke in favor of retaining Animal Control; and requested that the City Council lobby Kitsap Transit and speak for the citizens against all of the proposed cuts in service. Paul Drnjevic stated he did not understand what money was being used for the proposed purchase of the KPS building, and if purchased, what would happen to the current City Hall building. Elizabeth Buell reminded the public that the City is only researching the purchase of the KPS Building, and it is not a "done deal". Jim Reed arrived at the Council meeting at approximately 6:40 P.M. 10A - APPOINTMENT OF KAREN MASON TO PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE, #AB99-246 Mayor Horton, recommended that Karen Mason fill the vacancy on the Public Access Citizens Advisory Committee. There were no questions or comments from the public. President Shepherd stepped out of the meeting at approximately 6:42 P.M. #2538 M/S/C/U (Farr/Montgomery) Motion to confirm the appointment of Karen Mason to the Public Access Citizens Advisory Committee. President Shepherd stepped back into the meeting at approximately 6:45 P.M. 11A - ORDINANCE (FIRST READING) IMPOSING A COMMERCIAL PARKING TAX; AND ADDING A NEW CHAPTER TO TITLE 3 OF THE BREMERTON MUNICIPAL CODE. #AB99-242 Mayor Horton, requested that the City levy a commercial parking tax of ten percent (10%) on gross parking revenues generated by commercial parking businesses to defray the costs of street repairs. This tax revenue must be dedicated to transportation purposes in accordance with RCW 82.80.070. TAPES #1662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 4 of 10 It was noted that the effective date for this ordinance has changed from December 1, 1999 to December 31, 1999 due to the time element involved for publication. Pursuant to RCW 82.80.090, referendum language has also been added. This item is before Council due to issues surrounding the passage of I-695, as well as the shortfall in the current budget (due to a miscalculation of 1998 ending-year cash; and an increase in overtime due to the number of disabilities within the Fire Department). Gordy Byrd referred to the Swearing-In ceremony held recently for several new police officers, and asked how the City could afford to hire them with the shortfall in the budget. Mayor HIorton clarified the Police Officers at the swearing-in ceremony last week have actually been on the City's payroll for sometime, well before the vote of I-695. She also added that parking lots at rental units would not be included unless the lots were leased out for commercial parking. Larry Dickerson asked how the City would regulate the "private lots" who charge PSNS workers. President Shepherd stated that typically when this happens, it usually ends up being reported to the City by another neighbor. Mayor Horton stated these lots are illegal, and will be prosecuted. Mr. Farr excused himself from this issue because his wife owns a parking lot downtown. Mr. Law stated that he would be voting "no" on all proposed tax and fee increases, with exception of item 11D (which involves sewer bonds and construction requirements related to the Consent Decree). Mrs, Arends pointed out that a number of calls are received from citizens concerned about the conditions of their streets, and revenue generated from this parking lot tax would be used to defray the costs of street repairs. She added that according to State law, this money can only be used for transportation purposes, and that the cost for parking in Bremerton is much less than in other cities. TAP E #1663 Mr. Montgomery stated that the City can not fix streets without money, and if the City does run out of money to fix the streets, he suggested that citizens call their City Council member to complain. Mr. McConnell pointed out that owners of commercial parking lots are already paying a business license as well as B&O taxes, and did not feel they should be singled out for this additional tax. Mr. Overson recommended lowering the proposed 10% to 6%. Mr. Reed agreed with the 6%, and reminded citizens that no one likes tax increases, but the City had a budget to balance. He added that this proposed 6% tax amounted to only 24-cents on a $4.00 day President Shepherd stated that many of his constituents have repeatedly told him they do not envy his position on the Council due to the decisions that have to be made. Additionally, he reminded citizens that no assistance was going to be provided by the State to make up for the shortfall caused by I-695. He felt the City could use this as an opportunity to take control of its own issues by looking for local answers and solutions to its own local problems. Mr. Montgomery felt it made more sense to keep the increase at 10%, for rounded numbers. #0260 M/S/C (Arends/Reed) Motion to approve this Ordinance on first reading, amending the amount of tax to 6% rather than 10%. TAPES #1662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 5 of 10 Vote on Motion: In Favor: Overson, Arends, Montgomery, Reed, Shepherd Opposed: Olsen, McConnell, Law Motion carried. Mr. Farr returned to the meeting. 11B - ORDINANCE (FIRST READING) AMENDING PENALTY AMOUNTS FOR CIVIL INFRACTIONS AND MISDEMEANORS; AND AMENDING SEVERAL CHAPTERS OF THE BREMERTON MUNICIPAL CODE. #AB99-243 Glenna Malanca, City Attorney, asked that the City establish a higher ceiling for civil infraction penalties to $1,000 in order to give the Municipal Court Judge greater ability to assess more appropriate fines. It was emphasized that this increase was not related to the passage of I-695. Gordy Byrd discussed situations where a judge has reduced fines to very minimal amounts. President Shepherd explained a judge has latitude in setting the amount of a fine, and the purpose is to change behavior. Del Knauss recommended tabling this issue, and bringing it back at a later date. Mr. McConnell asked what percentage of fines currently levied by the court were paid in full at the time of issuance; and where is the distribution of the funds. Ms. Malanca stated she did not have that information with her tonight, and would need to get back to him, however she estimated it was a very small amount. Rich Hanna, City Treasurer, stated the distribution of funds collected from fines is prescribed by State Statute. He did not have exact figures, but believed that approximately half to two-thirds of the revenue is remitted to the State, and the remaining balance is local revenue. #0470 M/S/C/U (Montgomery/Arends) Motion to approve this Ordinance on first reading. 11C - ORDINANCE NO. 4674 (SECOND READING) SETTING GREENS FEES FOR GOLD MOUNTAIN GOLF COMPLEX. AND REPEALING RESOLUTION NOS. 2657 & 2684, #AB99-231 The First Reading of this ordinance was presented at the City Council meeting on November 3, 1999. Del Knauss referred to Section 2 and asked why a provision that states "fees shall not, in any case, decrease" was included. Mayor Horton clarified the sentence should have been deleted. #0900 M/S/F (McConnell/Farr) Amending Motion to pass Ordinance No. 4674, on second reading, establishing greens fees, striking Section 2 - "CPI ADJUSTMENT" in its entirety. Vote on Motion: In Favor: McConnell, Farr Opposed: Montgomery, Reed, OIsen, Law, Overson, Arends, Shepherd Motion failed. #0920 M/S/C (Montgomery/Arends) Main Motion to pass Ordinance No. 4674, on second reading, establishing greens fees, striking the last sentence in Section 2 - "CPI ADJUSTMENT" which states "Fees shall not, in any case, decrease". Vote on Motion: In Favor: Arends, Montgomery, Reed, Olsen, Overson, Farr, Shepherd Opposed: McConnell, Law Motion carried. TAPES #1662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 6 of 10 11D - ORDINANCE NO. 4675 (SECOND READING) AMENDING BREMERTON MUNICIPAL CODE 15.06. "UTILITY ASSESSMENTS, RATES. FEES. AND CHARGES". #AB99-232 The First Reading of this ordinance was presented at the City Council meeting on November 3, 1999. Rich Hanna, City Treasurer mentioned that the proposed ordinance would allow the City's utility assessments, fees, and charges to be adjusted to compensate for the effects of inflation. Adjustments will take effect December 1, 1999 and on January 1 of each year beginning 2002. These adjustments are necessary to allow the utility to meet the costs of operations and maintenance, and to implement the capital improvements, which are mandated to meet environmental and water quality regulations. There were no comments from the public. #1350 M/S/C (Olsen/Reed) Amending motion to amend rate increase to 3% the first year, and the other 3% the following year, rather than the full 6% the first year. Vote on Motion: In Favor: Olsen, McConnell, Law, Farr, Reed, Shepherd Opposed: Overson, Arends, Montgomery Motion carried. #1450 M/S/F (McConnell/Law) Amending Motion to delete Section 2, "CPI Adjustment". Vote on Motion: In Favor: McConnell, Law, Shepherd Opposed: Overson, Farr, Arends, Montgomery, Reed, Olsen Motion failed. #1600 M/S/C (Montgomery/Overson) Main Motion to pass Ordinance No. 4675 on second reading, adjusting utility assessments, rates, fees, and charges for municipal water, wastewater, and stormwater services, and amending Chapter 15,06 of the Bremerton Municipal Code and Ordinance No. 4642. Vote on Motion: In Favor: Reed, Olsen, Law, Overson, Farr, Arends, Montgomery, Shepherd Opposed: McConnell Motion carried. 11E - ORDINANCE NO. 4676 (SECOND READING). ESTABLISHING REGULATORY AND REVENUE LICENSING OF RESIDENTIAL RENTAL BUSINESSES: AND CREATING A NEW CHAPTER IN TITLE 5 OF THE BREMERTON MUNICIPAL CODE, #AB99-241 The First Reading of this ordinance was presented at the City Council meeting on November 9, 1999, and passed without a stated fee amount. If a fee were added tonight, this ordinance would then revert to First Reading, with Second Reading to take place December 1, 1999. It was noted that the effective date for this ordinance has been changed from December 1, 1999 to December 31, 1999 due to the time element involved for publication; and an addition has been added to the ordinance to clarify that fees would only be paid by "for-profit" entities, not for relatives who rent space in homes. Mayor Horton stated that after hearing discussions at the City Council retreat held Saturday, November 13, 1999, a number of different scenarios and alternatives were studied. She felt a compromise was reached by reducing the fee to $25.00 from the original proposed fee of $50.00. TAPES #1662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 7 of 10 The following citizens spoke in opposition to the proposed tax increase: Vivian Henderson, Governmental Affairs Director for the Kitsap County Association of Realtors (who also presented a letter); Tenant [did not provide his name]; John Freeburg (tenant); Todd Shyrider (landlord); John Gallurn (tenant); Joe Heffnes (landlord); Elizabeth Buell (landlord); Larry Dickerson (tenant); Mike Gustavson (landlord); and Jim Adrian (landlord). Del Knauss stated he originally brought up this idea because he considers landlords to be a "business", since the reason they rent out units is to make money. He considered this a fair tax since other business owners must pay B&O taxes, as well as a business license fee, and he would rather see this tax imposed than to see firemen and policemen laid off. Ms. Malanca clarified this was a "licensing fee", and not a "tax increase". Mr. Olsen has received a number of calls from constituents, both pro and con on this issue. He personally believed that landlords are the same as any other business, however he suggested the City take additional time to talk with the landlords to hear other ideas, then present it to the public for their approval. He stated that Council should listen to the voters who sent a clear message with the passage of I-695. TAPE #1664 Mr. Montgomery also agreed that landlords were a business, and if they had vacant units, it was not the City's fault, therefore he did not see any reason to exempt landlords. Mr. McConnell agreed with previous statements about landlords being a business, and did not see this issue related to I-695. He asked if the Supreme Court has issued a ruling on this issue. MS. Malanca stated no, but the attorney for the City of Mukilteo expects a decision soon (it was explained that this ordinance is patterned after an ordinance passed by the City of Mukilteo, which is now being challenged in Supreme Court). Mr. McConnell then asked the Mayor how these fees would be used; and will there be any attempt by the City to see that rental units are habitable. Mayor Horton responded that if this revenue were not generated, substantial personnel cuts would be required in the Police, Fire, and Parks Departments. She explained the City currently has an abatement program to assure compliance with housing codes, which will continue. Additionally, discussions with the Police Chief have taken place to identify additional ways of notifying landlords of drug and gun violations in units, as well as finding a way to provide Puget Rental Operators with a weekly listing of the addresses that place police calls-for-service. Mr. Farr stated he has been a landlord since 1988, and admitted he did it to generate a profit. He agreed a system needs to be in place for timely notification of problem activity to property owners. Mr. Overson explained to citizens that along with these proposed fee increases, cuts are still being made to the budget. Regarding fire alarms and sprinklers, he reminded property owners that other business owners have had to meet even more stringent safety requirements. He feels this fee should be implemented for the good of the City as well as for the good of the people who live in the City. He stated he appreciates landlords who provide a quality place for a fair price. Mr. Law was concerned that landlords were having a difficult time being notified of illegal activities taking place in their units. He would change his vote and support this license fee if it would create a solid system of indicating which properties are rental units. Mr. Adrian stated this data is available TAPES #1662, #1663 & #1664 City Council Reg, Mtg. Minutes November 17, 1999 Page 8 of 10 through the City's water utility bill, which was confirmed by Mr. Hanna, who clarified however, that the information was not 100% accurate since this was not the reason the system was created. Mr. Reed reiterated his opinion that property owners should be treated as a business, and did not see this as an unfair fee, or even a fee being driven by 1-695. He didn't understand why one group of business people should be exempt from several taxes that the other group of business people must provide. President Shepherd asked why this fee was not implemented 10 years ago. Mayor Horton stated the issue has been discussed in the past, but was not aware why it was never pursued. In response to earlier comments regarding the "message sent by the voters", she pointed out the City has a statutory obligation to come up with a balanced budget by the end of the year, or a budget adjustment to go into the year 2000. She did not understand why the State has not imposed a 6-month or 1-year moratorium to allow local governments time for an in-depth study of their operations. Essentially, the City has only had a short amount of time to come up with a strategy to get through next year. She further stated that she has talked with each of her Department Heads, and given them direction to clarify every position in their departments, which will in all likelihood lead to additional cuts. She reiterated again, that there is no "fat" in the City's budget, and there hasn't been for a number of years. She understands that any time there are talks for a reduction in service, there will be unhappy people, but did not see a lot of alternatives. Mr. Montgomery stated that one proposal presented at the Council retreat on Saturday was that there would be no fee or tax increases, but that money would be made up with severe budget cuts to service such as Fire, Police (including Animal Control) and Parks. He did not believe this is what the citizens would want. He encouraged citizens to "keep the heat" on the State Legislatures where it belongs. #1200 M/SIC (Overson/Montgomery) Motion to approve ordinance on first reading, with a $25 fee per unit, per year, effective December 31, 1999. Vote on Motion: In Favor: McConnell, Overson, Farr, Arends, Montgomery, Reed, Shepherd Opposed: Law, Olsen Motion carried. 11F - ORDINANCE NO. 4677 (SECOND READING) ESTABLISHING RATES AND FEES FOR ALL MUNICIPAL LICENSES. PERMITS. ASSESSMENTS, USER FEES. AND PARKING FINES: AND CREATING A NEW CHAPTER IN TITLE 3 OF THE BREMERTON MUNICIPAL CODE, #AB99-239 The First Reading of this ordinance was presented at the City Council meeting on November 9, 1999. Between readings, several requested changes were added as follows: Rate Table A - parking fees have been combined to a "not-to-exceed-level" for on-street, off-street, and parking garages; and Table D - Police Department rates were rounded to whole dollars, and impound fees for dogs and cats were added. It was noted that the effective date for this ordinance has been changed from December 1, 1999 to December 31, 1999 due to the time element involved for publication. Jack Lefcoski was concerned that too many last minute changes were being brought to Council, and believed that Council members should demand that staff present complete paperwork. Mrs. Arends explained that most of the changes were actually requested by City Council as a result of the retreat. TAPES #1662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 9 of 10 There were no further comments from the public. Mr. Reed proposed doubling the current fee for appeals to discourage frivolous requests. Mr. Montgomery disagreed, stating that it was a citizen's right to appeal any decisions. Mr. Holan clarified that the current fee for appeals did not cover the cost to the City. President Shepherd agreed with the increase, so that the City will not be subsidizing this process. #1700 M/S/C (Reed/Farr) Amending Motion to amend Rate Table C, doubling the fees for appeals to Planning Commission and City Council. Vote on Motion: In Favor: Farr, Arends, Reed, Olsen, Shepherd Opposed: Overson, Montgomery, McConnell, Law Motion carried. #1750 M/S/C (Montgomery/Olsen) Main Motion to pass Ordinance No. 4677 on second reading, establishing rates and fees for all municipal licenses, permits, assessments, chargers, user fees, and parking fines. Vote on Motion: In Favor: Overson, Farr, Arends, Reed, Olsen, Shepherd Opposed: Law, Montgomery, McConnell Motion carried. 11G -ORDINANCE NO. 4678 (SECOND READING) ESTABLISHING FULL COST RECOVERY FROM NON-CITY RESIDENTS, #AB99-240 The First Reading of this ordinance was presented at the City Council meeting on November 9, 1999. Schedule A with affected rates is attached. It was noted that the effective date for this ordinance has been changed from December 1, 1999 to December 31, 1999 due to the time element involved for publication. Mayor Horton stated that due to a large number of non-city residents utilize city services many of which are subsidized by city taxpayers. This ordinance requires recovery of costs for those services. There were no comments from the public. Mr. McConnell asked how the City would determine whether a citizen was a City or non-City resident. Cris Gears, Director of Parks & Recreation, explained this ordinance includes an exclusion from all daily fees, and would concentrate on annual passes and class fees. Mr. Olsen felt this was one of the worst things the City could do, and felt the City should be thankful there are people who want to use the facilities. Mayor Horton pointed out several issues to consider such as a large number of City programs such as "Camp Sparky" have a majority of County residents as participants; and many of the City's residents shop in Silverdale which adds to the County's tax base through sales tax. #2030 M/S/C/(Arends/Montgomery) Motion to pass Ordinance No. 4676 establishing full recovery on second reading. TAPES #1662, #1663 & #1664 City Council Reg. Mtg. Minutes November 17, 1999 Page 10 of 10 Vote on Motion: In Favor: Arends, Montgomery, Reed, Law, Overson, Farr, Shepherd Opposed: Olsen, McConnell Motion carried. With no further business meeting adjourned at 9:35 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File