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Home My WebLink About02/21/2007 Wednesday, February 21, 2007 AFPROVm. MAR 'I lOt7 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES . 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, February 21, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Wendy Priest, Adam Brockus, 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 Brad GehrinQ followed by the invocation provided by Associate in Ministry Ethyl Mae Nelson of Our Saviour's Lutheran Church. President Maupin announced that a Pre-Council Session to discuss General Council Business was held prior to the meeting; and that Council will be holding a 20-Minute EXECUTIVE SESSION to discuss "Pending Litigation" per RCW 42.30.110 (1) (i) and "Labor Negotiations" per RCW 42.30.140 (4 )(b) immediately following the business meeting. Action is anticipated following the Executive Session. MAYOR'S REPORT . Provided copies and briefed the Council on his "2006 Financial Results Summary Report"; and . Thanked the Council for their efforts in setting policy; and commended the Finance Department and Department Heads for being good stewards of the City's money. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus invited the public to attend the next District 3 Community Meeting to be held on Tuesday, February 27 from 7:00 to 8:30 PM at the Manette Senior Center located at East 13th Street and Nipsic Avenue. The program will include "City of Bremerton Fire Department Q & A" with Fire Chief AI Duke. Helen Miller asked if financing is in place for the Westpark development. President Maupin indicated that this question should be directed to the Bremerton Housing Authority. CONSENT AGENDA A. Check Numbers 314675 through 314928; and EFT-9525 through EFT-9543 in the amount of $2,664,443.69 (#AB07-027) B. Minutes of Meeting - February 7,2007 (#AB07-028) C. Budget Amendment from the General Capital Improvement Fund; and Contract with Opus NORTHWEST, INC. for the remodel of the Oyster Bay Room in the Kitsap Conference Center (#AB07-029) D. Budget Adjustment to the 510 Account for purchase of 3 Fire Department Staff Cars; 1 BKAT Van; and 1 Public Works and Utilities Body Truck; and replacement "Conflict Monitor" for Electronics Division (#AB07-030) E. Purchase of 7 Police Vehicles (#AB07 -031) F. Budget Adjustment in Personnel within the Department of Public Works and Utilities eliminating a Lead Automotive Equipment Technician and replacing it with an Automotive Equipment Technician Supervisor at Pay Band 17 (#AB07-032) G. Schedule 74 Underground Conversion Agreement for 1st Street from Washington Avenue to Pacific Avenue with PUGET SOUND ENERGY (PSE) (#AB07-033) H. Appointment of Bishop Lawrence R. Robinson to the Bremerton Housing Authority Board of Commissioners (#AB07 -034) Gordy Byrd asked when the police vehicles would arrive. Jim Orton, Fleet Manager, answered that the vehicles would arrive late Mayor early June, and would be in service by August. City Council Reg. Mtg. Minutes Wednesday, February 21,2007 Page 2 of 4 Mayor Bozeman introduced Bishop Robertson to the Council and thanked him for serving on the Bremerton Housing Authority Board of Commissioners. He also thanked David Farr for his service on the Board in prior years. Bishop Robertson also thanked David Farr, the Mayor, and the Council for the opportunity to make a difference. 5:44:27 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - RESOLUTION NO. 3022, COMMENCING NEGOTIATIONS FOR INTERLOCAL AGREEMENT REGARDING THE POTENTIAL ANNEXATION OF NAVY YARD CITY (#AB07-035): Andrea Spencer, Community Development Director, explained that the resolution commences negotiations with Kitsap County to create an interlocal agreement regarding the annexation of unincorporated lands known as Navy Yard City in the West Bremerton area. Through the 'Island Interlocal' annexation method, a city may annex territory having 60% or more contiguity to city limits after an interlocal agreement has been executed with the County. Ms. Spencer then summarized the process that the City will go through to pursue annexation of Navy Yard City which is about 225 acres and is within Bremerton's Urban Growth Area. This process could take up to a year and will allow residents time to either agree or disagree with possible annexation efforts. Other issues to consider will include management of sewer districts, crime and code enforcement, and possible improvements. Dena Geyer asked if West Hills would be considered. Mr. Maupin stated that the next item on the agenda would address the West Hills issue. Gordy Byrd opposed the annexation due to his personal experience of receiving better service outside city limits. Ms. Arends commented that this is the first step of the process and that there will be opportunities in the future for the public to comment on whether or not they support annexation of Navy Yard City. Mr. Brockus added that Navy Yard City being an island causes police-response issues and therefore annexation will actually improve police-response. Ms. Robinson believed that this is a good move for the City and asked what role the Boundary Review Board would play in the annexation process. Ms. Spencer answered that the Boundary Review Board will consider potentially annexed property and make recommendations to the City. Mr. GehrinQ commented that the standard for the level of service to be provided is much higher for the City than the County, and Navy Yard City would benefit from annexation. Mr. Maupin looked forward to the future discussions regarding Navy Yard City. 05:53:31 M/S/C/U (Priest/Brockus) Move to pass Resolution No. 3022, commencing negotiations to create an Interlocal Agreement with Kitsap County regarding annexation of unincorporated lands known as Navy Yard City. 6B - RESOLUTION NO. 3023, INITIATING ANNEXATION PROCEEDINGS FOR THE WEST HILLS ISLAND OF UNINCORPORATED TERRITORY IN WEST BREMERTON (#AB07-036): Andrea Spencer, Community Development Director, stated that the resolution initiates proceedings for an annexation by the abbreviated Island annexation method, and sets a public hearing date for March 21, 2007 on the proposed annexation. West Hills is approximately 175 acres, is completely surrounded by the City, and is within Bremerton's Urban Growth Area. Following passage of the resolution, there will be a public meeting between City staff and residents, and a public hearing will be held to take further comment from interested parties and property owners. Council could then adopt an ordinance approving annexation. City Council Reg. Mtg. Minutes Wednesday, February 21,2007 Page 3 of 4 \. Gordv Bvrd asked for clarification on the boundary lines for West Hills. Ms. Spencer referenced a map to respond to his question. Ms. Miller asked for clarification on the petition requirements for annexation. Ms. Spencer explained that the percentage of registered voters to respond by petition is higher for the interlocal method of annexation in comparison to the island method of annexation. The City has already been through previous negotiations with the County regarding West Hills so there is previous history and communication with residents in dealing this proposed annexation. Dena Gever expressed concerns over possible property tax increases and how much industrialization could occur; and provided testimony of slow fire response. Ms. Spencer answered that these issues would be addressed during the public meetings as well as offer information on the petition process. Helen Miller asked if there is specific RCW to assist in forming a petition. Mr. Lubovich responded that there is no specific RCW addressing the petition process, but upon passage of the ordinance, registered voters may form a 10% petition if they do not wish to be annexed, and information regarding the petition process would be provided at the public meeting. Mr. Maupin emphasized that there will be opportunities to obtain more information at the meet and greet meeting, and citizens may also provide comments at the public hearing on March 21 st. Dena Gever asked when the petition would have to be filed following the public hearing on March 21 st. Mr. Lubovich answered the petition would need to be filed within 45 days after passage of the ordinance. Ms. Priest asked how the public would be notified. Ms. Spencer responded that the residents would be notified of the "Meet & Greet" meeting as well as the public hearing. Mr. Gehrinq added that with respect to Tracy ton, sewer rates are actually cheaper within the city. 06:15:31 M/S/C/U (Arends/Wofford) Move to pass Resolution No. 3023 initiating annexation proceedings for the West Hills area, and setting a hearing date on the proposed annexation for March 21,2007. 6C - ORDINANCE NO. 4999. CHANGING THE BOUNDARIES OF CITY COUNCIL DISTRICT 1 TO INCLUDE RECENTLY ANNEXED PROPERTY (#AB07-037l: ROQer Lubovich, City Attorney, summarized that the City Council passed Ordinance No. 4997 annexing certain property to the City of Bremerton and establishing the effective date of the annexation as Febru~ry 1, 2007. The annexed property is adjacent to City Council District 1. The proposed ordinance assigns the annexed property to City Council District 1. There were no comments from the public. Mr. Brockus asked if this will be a similar process for the other annexations. Ms. Spencer answered that if annexations for West Hills or Navy Yard City were approved, then those boundaries would be included in the prospective ordinances. 06:21 :35 M/S/C/U (McConnell/Gehring) Move to pass Ordinance No. 4999 assigning recently annexed property to City Council District 1. COUNCIL MEMBER REPORTS Nick Wofford encouraged people to apply for vacancies on boards and commissions. Dianne Robinson provided a summary of the sessions she attended while at the AWC Conference; and while in Olympia, also attended the African American Legislative Day. She further reported on City Council Reg. Mtg. Minutes Wednesday, February 21, 2007 Page 4 of 4 the Neighborhood Meeting held at Matan Park last Saturday to discuss the "Beautification of Anderson Cove" and hopes to resolve lighting issues; and announced that a "Better Workplace Award" was presented recently to Art Anderson Associates. Adam Brockus hopes the public will be able to attend the next District 3 meeting as he previously announced; and thanked Senator Rockefeller and Rep Kilmer for crafting Bill 5978 that is currently being reviewed by the legislature to look at education needs in Kitsap County. Brad GehrinQ thanked AWC for representing the city's concerns and was pleased with Governor Gregoire's approach to reaching statewide goals. He added that he was pleased to see Bremerton's need to expand education being considered at the state level. Mr. Maupin also attended the AWC Conference where he learned about possible legislation that may improve growth management and annexation efforts. Council Members recessed at 6:31 for a 20-Minute Executive Session and action is anticipated. At 6:55 PM the Executive Session was extended 10 minutes. Meeting was reconvened at 7:05PM. 8A- EXECUTIVE SESSION TO DISCUSS "PENDING LITIGATION" PER RCW 42.30.110 (1)(i); AND LABOR NEGOTIATIONS" PER RCW 42.30.140 (4)(b): ROQer Lubovich, City Attorney stated that based on discussion during the executive session, action must now be taken by Council regarding the pending litigation issue. 07:05:52 M/S/C/U (Wofford/McConnell) Move to authorize the City Attorney to file an appeal in the case of WEBG v. Bremerton, Kitsap Superior Court Cause No. 06-2-01149-1; to authorize the City Attorney to retain the services of Foster Pepper PLLC to represent the City on appeal based on the Letter of Engagement from Foster Pepper PLLC dated February 21, 2007; and to authorize the City Attorney to take all action necessary to litigate the appeal. With no further business, President Maupin adjourned the regular Council Meeting at 7:06 PM. Prepared and Submitted by: ~~ CHRISTINE GRENIER Council Assistant Attest: WM:PJ:ls:cg