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HomeMy WebLinkAbout03/21/2007 CITY COUNCIL MEETING MINUTES ~ APR 42001 DIGITAL RECORDING Wednesday, March 21, 2007 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 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 Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehrinq followed by the invocation. provided by Reverend Amv Hiqdon of Ebenezer African Methodist Episcopal Church. President Maupin announced that a Pre-Council Session to discuss general Council business was held prior to the meeting. MAYOR'S REPORT · Announced that the Grand Opening of the Naval Avenue Boys & Girls Club will be on Monday, March 26 at 5:00 PM; · Added that an Employee Recognition Breakfast will be held on Wednesday, May 16, 2007 at 7:30 AM at the Kitsap Conference Center to recognize employee longevity; o Stated that he was pleased to see that crime has gone down in Bremerton; · Reported that the City will receive $5 million in State funding for capital projects; and · Invited the public to attend the grand opening of the Harborside Fountain Park on Saturday, May 5 from1 0:00 AM to 5:00 PM; and it was noted that a private ceremony will be held Friday, May 4 at 4:00 PM for the contractors and elected officials. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus invited the public to attend the next District 3 Community Meeting on Tuesday, March 27 from 7:00 to 8:30 PM at the Manette Senior Center; and encouraged citizens to attend the WSDOT Manette Bridge Open House on Wednesday, March 28 from 5:00 to 7:00 PM also at the Manette Senior Center. Dianne Robinson announced that a delegation from Uganda would be in Washington State this weekend and in Bremerton on Sunday, March 25. Ed Pietras discussed the "Miss Katie Kitsap" pageant and encouraged anyone who would like more information to contact the Knights of Columbus Hall at (360) 479-9210. Lena Swanson asked if the City of Bremerton could provide the same hanging baskets of flowers used downtown in the Charleston Business District. Mrs. Arends responded that she spoke with the Mayor about this request, and he was favorable to the idea. Georqe Comeau added that he would like to see similar efforts as downtown to beautify the Charleston area. Helene Norman provided information on the upcoming 2nd Annual Peninsula Services Art Auction to be held on April 3rd in the Chambers of the Norm Dicks Government Center. Susan Brown reminded the City that when the voters approved the Public Safety Bond, the intention was for the Municipal Court to be relocated to a new building, and reminded the City to keep this issue a priority. CONSENT AGENDA A. Check Numbers 315443 through 315582; and EFT-7016 through EFT-7023 in the amount of $334,938.98 for the period ending March 15,2007 (#AB07-054) B. Minutes of Meeting - March 7, 2007 (#AB07 -055) City Council Reg. Mtg. Minutes Wednesday, March 21, 2007 Page 2 of 6 C. Minutes of Meeting - March 14, 2007 (#AB07 -056) D. Purchase of Fire Department Command Vehicle (#AB07-057) E. Purchase of two Replacement Vehicles (#AB07-058) F. Extension of Gold Mountain Golf Complex Professional Services Agreement (#AB07-059) G. Resolution No. 3027 authorizing Financial Services Director and Finance Officer to designate certain expenditures for potential reimbursement from debt proceeds (#AB07 -060) H. Interlocal Agreement for Legal Services relating to the Phase II National Pollutant Discharge Elimination System (NPDES) Permit Appeal (#AB07-061) I. Authorization to add a permanent part-time Legal Assistant (#AB07 -062) J. Ordinance No. 5001 amending Chapter 3.64 of the Bremerton Municipal Code; creating Chapter 2.36 of the Bremerton Municipal Code; and repealing Resolution Nos. 2666 and 2772, all relating to lodging taxes (#AB07-063) K. Reappointments of Silvia Klatman, Ruth Enderle, Corky Trent, and David Tufts to the Lodging Tax Advisory Committee (#AB07-064) There were no comments from the public. 05:52:10 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - INTERLOCAL AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE REGARDING EXCHANGE OF FIRST RESPONSE FIRE PROTECTION AND EMS SERVICES (#AB07-065): Fire Chief AI Duke explained that this is an agreement between the City of Bremerton and South Kitsap Fire & Rescue to exchange first response areas. Currently, there are areas in each jurisdiction that are difficult to respond to in a timely manner. The areas for the City of Bremerton are the Gold Mountain and Anderson Hill region, and for South Kitsap Fire & Rescue it is the Rocky Point and Navy Yard City region. Because of the disparity in responses this would generate revenues that would allow for staffing of the paramedic unit at Station NO.1. There were no comments from the public. 05:56:45 M/S/C/U (Arends/Brockus) Move to approve the Interlocal Agreement between City of Bremerton and South Kitsap Fire & Rescue regarding exchange of first response fire protection and EMS services with a corresponding budget amendment; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6B - REAL ESTATE PURCHASE AND SALE AGREEMENT WITH McCORMICK LAND COMPANY (#AB07-066): Bill McKinney, Forestry Manager, summarized that the McCormick Land Company owns approximately 30-acres of undeveloped property adjacent to Water Utility forest land. This property had previously been identified in the 1996 Utilitv Land Manaqement Plan and the 2000 Land Use Guidelines Addendum for potential acquisition. Because of its proximity to current Water Utility land, the property has the potential to be used as an expansion to the Site 2 Biosolids application site. The property is bounded by Bremerton Water Utility land to the north and west; State Highway 3 right-of-way to the southeast; and a private residence to the south. The property is relatively flat and consists of well drained soils. The property is stocked with third growth conifer approximately 25- years old. Land value was determined by a local appraiser agreed to by the City. The value of $15,000 for existing tree cover was by mutual agreement. McCormick Land Company has agreed to sell this property to the City for $165,000 total price (land and timber inventory). There were no comments from the public. City Council Reg. Mtg. Minutes Wednesday, March 21, 2007 Page 3 of 6 Nick Wofford asked for clarification on a small square area within the parcel. Mr. McKinnev answered that the area is actually a remnant 2/10 acre parcel from the highway and needed to be included in the purchase. 06:06:10 M/S/C/U (Brockus/McConnell) Move to approve the Real Estate Purchase and Sale Agreement with McCormick Land Company and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and further authorize the Mayor to finalize and execute any and all documents to close the transaction. 6C - ORDINANCE NO. 5000 AMENDING CHAPTER 6.04 OF THE BREMERTON MUNICIPAL CODE REGARDING GARBAGE COLLECTION; AND CHAPTER 7.05 OF THE BREMERTON MUNICIPAL CODE REGARDING LIVESTOCK IN NEWLY ANNEXED AREAS (#AB07-067): ROQer Lubovich, City Attorney, stated that the City is annexing areas and some property owners in annexed areas, which have traditionally been more rural in character, have declined collection, removal and disposal of garbage and refuse services, which is mandatory by the City. Additionally, other property owners have maintained livestock on their property. The proposed ordinance allows certain property owners in newly annexed areas to decline collection, removal and disposal of garbage and refuse services, and to maintain livestock under certain conditions. Pamalonia McCrary asked if there would be a change to the minimum number of household pets that are allowed per resident; and if garbage collection would be mandatory. Mr. Lubovich stated that while the ordinance does not address the pet issue, the current code does set limits. Phil Williams, Director of Public Works & Utilities, responded that solid waste collection would not be mandatory, but that if residents opted to participate, the cost would be less than the costs paid at the county level. Mr. McConnell could not support this proposed ordinance because of the garbage collection exemptions, and also the number of household pets that are allowed per resident. Mr. Gehring explained that the idea was to slowly transition the residents into the City. Mrs. Arends stated that the City still would have the capability of abating any property that did not keep up with garbage removal from their property. Mr. Maupin added this area was an Urban Growth Area, and when the property turns-over and becomes dense that would be the right time for the resident to transition from County regulations to City regulations. Mr. Brockus pointed out that the comments at the neighborhood meeting were supportive of annexation and this ordinance is part of that process. Mr. Priest expressed her concern over a possible increased workload for the code enforcement officer as the City grows. 06: 14:00 AlS/C(Priest/Robinson) Amendment to the Main Motion to amend Section 7.05.010(d)(ii) to include "the minimum number of domestic animals that a resident is required to have, applicable to current County regulations". Voted in favor of the Amendment: Priest, Robinson, Arends, Wofford, Gehring, Brockus, Maupin Voted opposed to the Amendment: McConnell Amendment approved: 7-Yes; 1-No 06:25:00 M/S/C (Brockus/Arends) Move to pass Ordinance No. 5000 amending BMC Chapter 6.04 regarding garbage collection and BMC Chapter 7.05 regarding livestock and domestic animals in newly annexed areas. City Council Reg. Mtg. Minutes Wednesday, March 21, 2007 Page 4 of 6 Voted in favor of the Motion: Robinson, Arends, Wofford, Gehring, Brockus, Priest, Maupin Voted opposed to the Motion: McConnell Motion approved: 7-Yes; 1-No PUBLIC HEARING 7A- PUBLIC HEARING AND ORDINANCE NO. 5002 APPROVING ANNEXATION OF THE WEST HILLS ISLAND OF UNINCORPORATED TERRITORY TO THE CITY OF BREMERTON. ADOPTING INTERIM ZONING CONTROLS. AND ESTABLISHING CITY COUNCIL DISTRICTS (#AB07-068): Andrea Spencer, Community Development Director, pointed out that this ordinance approves annexation by the abbreviated island annexation method, and sets an effective date of the annexation ordinance as May 7,2007. The annexation is subject to Boundary Review Board review, and resident petition for a recall election before it may be effective. Assuming no election, annexation would be in effect on June 1, 2007 and if there were an election, pending results and if applicable, a later date for annexation would be set. Phil Williams, Public Works & Utilities Director, presented a Power Point presentation to help clarify the differences between the various County and City water utility rates that would be affected by annexation. Helen Miller referred to the "Meet & Greet" public meeting on March 12 and asked if this was the only such meeting and how residents were notified. Pamalonia McCrary read her letter to the editor "West Hills Annex Not a "Wash" for Residents" which was published in the Kitsap Sun, into the record. Alden Kulick. Jr. was opposed to this annexation, and asked if water mains and sewage lines would be installed and who would pay for them? Kathy Hench asked where she is to take her trash since there are no sidewalks. Marylou Jenson asked if she would have a vote in the annexation proposal since she owns a rental in the area, but does not personally live there; and who would pay for the sewer system? Danita Gueyer asked if the residents could vote on whether or not to approve this annexation, and would this be 10% of the residents of the area or 10% of the voters in the area. Also, she was confused by numbers provided for utility costs. Maryellen Babbitt asked for an explanation of the zoning process. Tom Cowdery asked if comparisons of other fees besides utility fees could be provided for living in the City compared to living in the County. Neil Allen felt a heavy handed method was used by the City since residents were "told" they were going to be annexed. John Taylor was opposed to the annexation proposal, and particularly fearful that the City would not protect the streams, trees, and wildlife. William T. Duke asked what the time-frame would be for public safety improvements such as installing sidewalks and fire hydrants. Shirley McDonald was not in favor of this proposal, and agreed that all the residents as well as the property owners of the area should get to vote; and asked if senior citizens would have reductions for rates and fees. With no further comments, the Public Hearing was closed. City Council Reg. Mtg. Minutes Wednesday, March 21,2007 Page 5 of 6 Ms. Spencer responded that the ordinance passed earlier tonight would exempt newly annexed residents from mandatory garbage service; residents were notified by mail of the neighborhood meeting; the City is using the "Island Annexation" method which means that following passage of the ordinance, there will be a 45-day window where 10% of the registered voters who voted in the last election may file a petition to send this matter to a vote of the entire area, and this percentage requirement is set by State law; the City has a newly adopted Critical Areas Ordinance which would protect habitat and wildlife; mentioned that when property is annexed, that property is subject to the taxes; explained that the zoning measures would allow staff to go through a zoning process for the area because there may be zoning differences between the County and City with respect to the Comprehensive Plans. Mr. Williams provided additional information regarding utility fees, including how the amount is affected by individual circumstances; responded that sewer lines would be built first to new developments and the costs would be borne by contractors, or current neighborhoods may form local improvement districts to cover the costs. Laura Lvon, Finance Director, confirmed that property tax exemptions for low income would remain because it is a State law that provides this exemption; and informed residents that a worksheet is available by the City to help them determine what their individual tax and rate affects would be according to their specific situations. Council recessed from 7:27 to 7:42 PM for a taping break. Ms. Spencer emphasized that the proposed growth would remain in downtown areas and urban centers, so rural areas would retain their rural character. Mr. Wofford added that if the area remained in the County, West Hills will eventually be encroached upon by development approved of by the County. Mr. McConnell asked for clarification on the livestock issue. Mr. Lubovich answered that the when the property changes hands, that property would be subject to current code. Mr. Gehrinq believed the City has been very responsive to the questions and concerns expressed by citizens regarding this proposed annexation, and reminded citizens that the level of emergency response will increase, and that the annexation was initiated because of State Law requiring the City to do so. Mrs. Priest commented on the possible increase in costs of septic systems in the future and how those costs could ultimately be higher than connecting to sewer systems. Mr. Brockus encouraged people to provide their comments on annexation and hoped residents would support annexation. Mr. Maupin stated that annexation is the best direction for the West Hills area since services will be better provided and hoped that residents will advocate how well the process went during future annexation discussions. 08:04:00 M/S/C (Robinson/Wofford) Move to pass Ordinance No. 5002 approving annexation of the West Hills Island, adopting interim zoning controls, and establishing council districts. Voted in favor of the Motion: Arends, Wofford, Gehring, Brockus, Priest, Robinson, Maupin Voted opposed to the Motion: McConnell Motion approved: 7-Yes; 1-No City Council Reg. Mtg. Minutes Wednesday, March 21, 2007 Page 6 of 6 COUNCIL MEMBER REPORTS Brad GehrinQ assured citizens that the City is actively pursuing options for relocating the Municipal Court; wished Admiral French well as he leaves the area; and thanked Water Resources staff for their presentation on the water system at the Water Festival held at Olympic College. Adam Brockus reiterated information about the WSDOT workshop to discuss the replacement of the Manette Bridge. Nick Wofford encouraged citizens to comment on the Manette Bridge at the workshop on March 28; and to apply for vacancies on City Boards and Commissions. Will Maupin also encouraged citizens to attend the workshop regarding the Manette Bridge. With no further business, President Maupin adjourned the Council Meeting at 8: 1 0 PM. p~ L I SMITH Legislative Assistant Attest: WM:PJ:ls:cg