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HomeMy WebLinkAbout03/30/94 COUNCIL APPROVED APR ! ,3 199,1 TAPE #1187 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTEB MARCH 30. 1994 The regular 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, March 30, 1994, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Richard Neville, Morrie Dawkins, Bob Winters, David Farr, Lon Overson, John Law, A1 Colvin, and Sherril Huff-Menees. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Rick Lund of Family of God Lutheran Church. President Fit~ announced following the City Council meeting the Council will adjourn to a Study Session. Also, on Monday, April 4 the City Council will hold their regularly scheduled Study Session 6:00 - 9:00 P.M., in the City Council Conference Room. CONSENT AGENDA A. Minutes of Meeting -- March 16, 1994 #AB94-061 #0039 M/S/C/U(Neville/Farr) to approve the Consent Agenda as presented. CLAIMB/WARRANT REGIBTER~ 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. NONE COUNCIL MEMBER REPORTS Mr. Winters brought up the treatment of Council members by members of the public when they address issues during Council meetings. He stressed the public is more than welcome to voice their opinion, however, he cautioned them to not hurl accusations unwarranted. He finds such action very disrespectful when trying to get to the solution to the problem. He thanked the public, in advance, for showing that consideration. He extended a special "welcome" to his father-in-law, who is visiting the United States. TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 2 of 20 ~r~ Colvin thanked all the citizens that participated in the District #1 Coalition meeting held March 24. He was pleased that Mayor Horton and Councilman Law were able to attend his meeting as well. He extended a "thank you" and his appreciation for the presentations made by Kitsap County Auditor Karen Flynn and Bremerton Fire Chief Mick McKinley at the District #1 meeting. He urged his fellow Council members to join in the quest to get citizens to register to vote. The next District 91 Coalition meeting will be held in May. Mrs. Huff-Menees stated she also found the behavior of several public speakers at the previous Council meeting disturbing from a number of standpoints. Several statements were made, at that time, that were in an accusatory form or in the fo~ of allegations and some of those are questions that were asked in the past and were answered both in the written form and read publicly at a City Council meeting. Those responses were ignored and again allegations were made. She believes the City Council has the right to expect members of the public to have more respect for this process. Secondly, a very strong comment was made that "this is a dying city" and one of the things that has struck her most in the three+ months she has served on Council is the extent to which that is not true. Anyone who attends City Council meetings regularly has to be struck by not just the complexity of the kinds of issues that come before the Council, but the variety of services that are provided by the City. This past week she reflected on the more positive kinds of things that are going on in the city and some of those include: thousands of lives that are affected by the Parks Department programs, the Police Department through the D.A.R.E. Program as well as Block Watch Programs throughout the City, public safety programs presented by the Fire Department, the Community Block Grant program through their Housing Rehab projects and projects that benefit social programs throughout the City, etc. These kinds of programs are not extraordinary in te~ms of what cities do, but certainly exemplary in terms of identifying that this is not a dead or dying city, but that it is very vital and responsive to its citizens. If anyone was watching or listening when Mayor Horton presented her goals early this month, there was SO much there that not only addressed human needs, but the Administrative needs and financial accountability - everything in those goals and objectives were apart of what a city is responsible for. For those that are so focused on the area of their dissatisfaction, she invited them to look at that list of goals and find ways in which they could support the City in achieving them. She noted at times it is difficult to see all the good that is going on when one only focuses is on their dissatisfaction. She for one is very proud to be a part of this process and proud to be a part of this city that is doing so much and is so vital. Lastly, while certainly the public has the right to expect to be treated TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 3 of 20 courteously and with respect, the City Council also has the same right to expect that from the public. This process is very important and she regards it as a privilege. She emphasized she was speaking solely for herself on this issue. If anyone needs respective from what she conveyed, she suggested they watch national news a few times a week to under stand why this process is a privilege. ~r. Farr stated he agreed with comments made by Council members Bob Winters and Sherril Huff-Menees. Being the newest member of the City Council, he was not sure how long it took members of the City Council to get to the point of not being bothered by comments such as those made at last week's City Council meeting. He emphasized such comments do bother him and he did not appreciate the manner in which they were presented nor the things that were implied. Also, in his two months serving on the City Council his eyes have been opened to the City's fine organization ... the full time employees, who handle very complex problems in a very professional manner and the many volunteers who serve on City boards, commissions and committees. In all the years he has been involved in meeting formats, he has never seen anything that makes a shambles of or kills the enthusiasm of a meeting or its ability to accomplish any thing more than accusations and slanderous remarks. And, he would also appreciate a little respect for the City Council as they are seated to conduct City business. ~r. Neville announced the Central District Neighborhood Information Network meeting (for Council District's #4, #5, #6), is Thursday, April 14, at the Neighborhood Christian Center, 7:00 P.M. If anyone is interested in setting up a Block Watch in their neighborhood, he urged them to attend the April 14 meeting. He also announced "D.A.R.E. To Have Fun Activities Night", Saturday April 2, 7:30 - 10:00 P.M. (for children ages 11 through 15), at the Sheridan Parks And Recreation Center. There will be a $2.00 admission charge for this event. Mr. Overson reported he and several other Council members attended the Council Coalition dinner meeting on March 29. He found the discussion to be very lively on many important subjects including growth management and various challenges cities are having. He is looking forward to future gatherings of this group. Mrs. Fit~ announced the 1994 Spring Clean Up for Bremerton Residents Only - yard waste will be accepted at Evergreen Park, 14th Street and Sheldon Blvd., on April 16 through 24, 11:00 AM - 7:00 P.M. On March 28, she, Mayor Horton and Don Pratt, Director of Community Development attended a Study Session of the Kitsap Regional Planning Council. The allocation of future population for the City of Bremerton was discussed at that meeting and on TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 4 of 20 Wednesday, April 6, a vote will be taken at the regular meeting of the Planning Council to determine if the population numbers will stand as originally approved. ~UBL~ RECOG~TIO~ Mayor LYnn Horton reported this past week the City of Bremerton and the Bremerton/Kitsap County DWI Task Force were the recipient of the State's Excellence In Traffic Safety Award for the best DWI Enforcement Program in the State of Washington. This is a joint program that was started approximately four years ago. Also receiving special Traffic Safety Awards were JoAnn Marez, reporter for The Sun for her work in increasing public awareness of drinking/driver issues; Bremerton Police Officer Allan Horuberg, for the highest number of drinking/driver arrest in Washington State; Shelly Cooey, the immediate past president of the Kitsap County Chapter Of Mothers Against Drunk Drivers. She extended her congratulations to all of those receiving awards and to Les Pope, the DWI Task Force Coordinator. Mayor Horton announced soon she will be presenting a contract for a Grants Writer position to the City Council. And, as a follow up to a recommendation by Jack Lefcoski, a Grant Writing Committee is being formed to do some "leg work" for the grants coordinator. On March 25 she, along with several City staff, toured several derelict properties located around Bremerton. On March 31 the first meeting of a reconvened Code Enforcement Task Force will take place and they will be looking at Building Codes and Fire Codes. An approach will be to involve business licensing, Health District, Attorney's Office and to .focus on a policy for taking care of properties that need to be abated. One criteria she wouId like to see developed is where an abatement process might be used as a catalyst to bring back a neighborhood. They will also be looking at locations with high traffic/high viability, especially around City entrances, to remove derelict buildings in order to improve the impression given when traveling into Bremerton. Mayor Horton reminded everyone of the "farewell" party for Caroline Marshall on Friday, April 1, 2:00 P.M., in the Personnel Conference Room. Caroline served as Personnel Director for the past six years and is branching out into private contracting. Mayor Horton introduced the 1994 Armed Forces Day Queen court candidates: Bonny Terry, Olympic High School; Elizabeth Malley, Bremerton High School; Caroline Raginet, Olympic High School; Jamie Herdman, Bremerton High School; Jennifer Baker, Olympic High School; Ruthie Streeter, Bremerton High School; September Woods, Bremerton High School; Jessica Stodden, Bremerton High School; Nicole Papino, Bremerton High School; Jennifer Shiller, South Kitsap High School. Mayor Horton also introduced Lorna Crawford, and Louise Cramer, Contestant Coordinators. TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 5 of 20 po~ Htkinson, Bremerton Main Street Association, reported the 3rd annual St. Patrick's Day activity had great weather, good turnout for the parade and approximately 350 attended the activities in the "Purple" building. Main Street has been working with some individuals interested in organizing a new antique mall in the downtown area. His organization has also been approached by people interested in opening a "craft" mall in the downtown area. Recently, he was apprised that a new downtown building owner is planning a major upgrade and modernization project. The Bremerton Farmers Market will open on Sunday, May i and run to the middle of October. In addition, there will be four weekend during the summer that will include two days of selling activity and the Market will be functioning in conjunction with the Concerts On The Boardwalk, which have been switched to Friday nights instead of Thursdays. The concerts are being expanded from one to two hours. The last concert, August 19, will be held in conjunction with the Kiwanis Air Fair, which will be included as a Blackberry Festival event. The 5th annual Bremerton Blackberry Festival planning is well underway. He was pleased to report that downtown business owner Mary Ann Huntington has been appointed to the State Interagency Commission on Outdoor Recreation (IAC). Brian Mueller posed the following questions and asked that they be responded to in writing: (1) What percentage of his current water/sewer bill is to pay off the four million dollar lawsuit that was brought by the West Hills Association and when is it expected to be paid off? (2) Why the stormwater charge has been placed only on citizens who are on the sewer and/or water hook up? (3) If the West Hills lawsuit was brought against the City of Bremerton or if it was brought against the City of Bremerton Water/Sewer Utility? If it was not brought against the Water/Sewer Utility, on what basis did the City choose to pass the judgement costs onto the City sewer/water customers? (4) How many grants, and what they are, has the City applled for since the settlement of the West Hills lawsuit and since passing the budget amendment for a grants Writer? And, when that Grants Writer position is expected to be filled? President Fitz stated Mr. Mueller will have answers to those questions next week and they will be read into the record. Jack Lefcoski, West Kitsap Lake Road, voiced his objection over the citizens of Bremerton having to pay $4.00 per month per household for stormwater management at this time when commercial businesses with large impervious surfaces will not be assessed a fee until TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 6 of 20 December of 1994 or later. Robert ~ckerman, Arsenal Way, expressed his concern over road conditions and the need for repair of potholes. He was particularly concerned about the "severe" bump in the roadway area across from Harrison Hospital on Cherry Avenue following construction. Lastly, he requested the City Council look into raising the level of income for iow income senior and iow income disabled reduced utility rates. Mayor Horton stated she and Eddy Chu, Public Works and Utilities Director, discussed the City's criteria for utility reduced rates and Mr. Chu feels the City's policy is more restrictive than the State's policy. Mr. Chu is considering using a sliding scale similar to those used by State agencies. She anticipated bringing a proposal to Council in the near future. In regard to stormwater management commercial accounts, that information will be brought to Council as soon as it is completed. If Mr. Ackerman can provide her with the location of the potholes that concern him, she will see about getting them repaired. Deborah Chard, 1715 Elizabeth, stated this past year their annual income has been reduced from $35,000 down to $22,000 for a family of 5 due to an injury. Their budget is very"tight" and are managing on $125.00 per month for food after they cover their other obligations. Now, she is having to cut back on her food money by $65.00 in order to pay the increased water/sewer bill. Without assistance from KCCAP, they would have been without heat and without friends and family they would not have eaten this past year. Her water/sewer bill went from $35.00 per month up to $65.00 per month. She listed the following conservation methods they instituted over the past five months in order to reduce their water consumption: (1) weighted toilet tanks; (2) installed water flow constrictors on every thing possible; (3) eliminated baths for children and allow only timed showers; (4) water is stored in refrigerator so water is not wasted when running faucet; (5) flush toilet only after 3-4 time used; (6) no lawn watering; (7) no car washing; (8) children are not allowed to use sprinkler or wading pool; (8) rain water is collected to water plants; (9) washer water level has been lowered. Her most recent sewer/water bill came to $120.00 for two months, which is up from $60.00 and after instituting all the conservation practices. If any higher utility rates are implemented by the City, she feels it will drive them to move out of city. Other families on their block have already sold their homes and moved out of the City. She did not blame Kitsap County for wanting to reduce the number of new people moving into the City. In no way can 20,000 more people go through what her family has experienced. She urged the Council to listen to what she was saying because her family is the average normal family in Bremerton, not an exception to the rule. For those who rent and TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 7 of 20 are not required to pay water/sewer bills she wants them to understand they will pay for it in the long run through higher rents. Gordv Byrd, P.O. Box 930, related recently he visited Auburn, Tacoma and Seattle and still believes that Bremerton has more to offer than those other cities. He also applauded Kitsap Transit for its fine service. His shelter for the homeless fund totals $10,770.44. ~lenn Jarstad, 2823 Hefner, stated a number of years ago he recommended that the City establish a Utilities Commission for the City's Utility. Today, he believes such a Commission is needed even more than before and it would provide an opportunity for the public to ask questions and resolve problems. If such a commission is instituted, he recommended the Puget Sound Naval Shipyard Public Works officer be asked to serve on that body because the City's large utility was built to serve the Puget Sound Naval Shipyard. He emphasized the positive aspects of the City's extensive watershed and expanded parks/open spaces. President Fitz stated the City Council has considered the formation of a Utilities Commission and is still under discussion. Ruth Reese announced the next meeting of C.R.A.B. is March 31, 1994, 7:00 P.M., at the KBRO Building on llth and Park Avenue. She pointed out when people grumble about something it should not always be thought of as being negative because it is their city too. Mr. Colvin stated recently a statement was made, following a survey conducted of duplexes and single family homes, that duplexes use less water than a single family residence. He believes there is a lot of confusion over that statement and it needed to be revisited. 6A - CONTRACT EXTENSION - DIAMOND PARKINGr #AB94-062 In 1986, the City of Bremerton entered into a contract with Diamond Parking to operate and manage City owned parking facilities. The present contract extension expires 03/31/94. Staff consensus is that the contract should be extended for an additional two years. This recommendation was heard by Council Operations and Council Fiscal & Budget Committees on February 23 & 24,'1994; both expressed concurrence with the staff recommendation which is based on the following: 1) City's Internal Auditor has reviewed present operations and concluded that contracting presents the City with the most financially beneficial method of operations; 2) Staff has reviewed operating costs and determined that self-operation is not in the best interests of the City; 3) Re-bidding would require a minimum three year contract because of capital investment requirement by a contractor; 4) city is not able to forecast its TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 8 of 20 waterfront and downtown redevelopment beyond two years (or at least until the Leland Study is completed; and 5) No other firm has expressed interest in bidding the contract. Kathleen McCluske¥, City Clerk, explained the Agenda Bill reflects the gross revenue in 1993 was $317,672.70 and a commission in the amount of $42,782.64 paid to Diamond. She emphasized the fact that the City could not manage their five lots weekdays and weekends for the same cost the City is paying Diamond Parking. The contract also reflects that Diamond Parking is responsible for painting, maintaining, janitorial and all operations liability on the City lots they manage. Robert A~kerman, Arsenal Way, stated he is concerned that there isn't adequate short term parking for people who want to visit the boardwalk park area. On the day he visited that area, he parked his vehicle in a space that was posted "tow away zone for unauthorized vehicles", so he kept a close eye on his vehicle. Because he is handicapped, he cannot walk up hills in order to take advantage of other parking spaces that would allow him three hours free parking. He also noted that the Handicapped parking space available at the boardwalk is signed as a "paid" parking spot. Kathleen MoCluske¥ stated part of the Reserved Parking is for the Port Of Bremerton for patrons of their marina facility. There is also reserved parking around the Wheelhouse Restaurant and Pirates Cove Restaurant, but they pay for that parking for those businesses. Ail of the remaining parking is for customers either long or short term. The parking lot closest to the ferry is the most popular with the commuters and the City wants to maximize the revenue off of those spaces. The lot is usually full all week with commuters at the daily rate. They are looking at a possible duel use of the lots so that during the week the parking can service the commuters and on weekends and evenings possibly have short term free or a lessor price parking available to the public. There have been discussions with the Mayor and Parks Department as to how serve the park and serve the interest of raising revenue for the Roosevelt Field Fund. C&rlos Montqomer~, N. Cambrian, questioned the amount of revenue collected off of the Bremerton Lumber site that goes into the Roosevelt Field Replacement fund? Gil Johnson, Purchasing Supervisor, stated the gross revenue collected in 1993 from the Bremerton Lumber site amounted to $110,570.00, and out of that 8.8% went toward taxes and 15% went toward the commission to the contractor. patrick Hirsoh, TCA Cable Access Manager, 3030 1/2 Marine Drive, stated it was brought to his attention by one of his Cable Access volunteers that a previously posted 3-hour parking space in front TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 9 of 20 of City Hall had been changed to one-hour parking. He asked administrative staff if the "one hour" time limited is enforced after 5:00 p.m. on Council meeting nights and was told "kind of..if we don't catch you it is ok...unofficially it isn't going to be enforced". He asked that a clear message be giwen as to where it is OK to park during those specific periods. Mr. Johnson stated the streets are not controlled by Diamond Parking. How the City monitors on-street parking is a matter for the Parking Regulators. Mr. Overson stated he agreed strongly with Mr. Acke£man's comments and for years he has attempted to get some free parking along the waterfront for visitors, tour buses, and anything public. He personally would like to push for moving some of the funds for intergovernmental distribution, which may or may not help the City, to something like this that would definitely help the City. He also felt Mr. Hirsch's comments were very appropriate because of the changes he also finds it confusing and a clearer message needs to be sent to the public. He questioned if there were any changes to the contract or was it purely an extension of a previous contract? Mr. Johnson stated the most significant change required the contractor provide a $1,000 Fidelity Surety Bond for their each of the employees handling collection in City lots. President Fitz questioned if the Diamond employees had not been bonded previously? Mr. Johnson explained those employees were under a $150,000 Performance bond. Mr, F&rr questioned the meaning of "special event parking"? Mr. Johnson explained periodically there are events, such as waterfront/Sinclair Inlet Clean Up, where the organizers request additional parking availability in the City's Parking Garage. Generally, the Parking Garage is closed on the weekends from level #3 up to the top. When a special event is held on weekends, it is necessary to make arrangements to have the Parking Garage open on upper levels. He also agreed with Mr. Overson's comments regarding parking on the waterfront and hopes the Administration will move forward on addressing public parking near the boardwalk. MT. winters also agreed with Mr. Overson and hoped the City would come up with some "free" parking for the public who wish to enjoy the waterfront boardwalk park. President Fitz stated her interested in handicapped parking close to the waterfront boardwalk park and recognizes the difficulty anyone disabled must face if they park up the hill away from the boardwalk in the three hour free parking zone. She would like several parking spaces near the boardwalk designated for handicapped parking, possibly limiting those spaces to one hour. Mr. Overson called upon Brian Mueller to speak. Brian Mueller TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page 10 of 20 wondered why the City hadn't addressed "public parking" near the boardwalk prior to contracting with Diamond Parking to collect parking fees. MrS. MoCluske¥ explained the contract with Diamond is not affected by what the City decides to do with parking. If 20 spaces were set aside as free, that would not affect the contract. Mr. Mueller suggested soon after acting on this item it may be a good idea for Council to set aside 25 parking spaces for public use. President Fit~ stated the issue is not quite that simple since the Bremerton Lumber site property income is to replace the loss of Roosevelt Field. Mr. Mueller pointed out Council approved action to take money out of that fund and purchase other land, which will be used to benefit the Roosevelt Field Fund. He felt it was within the city's power to set aside $5-6,000 income those 20 spaces would bring in to allow people to use the boardwalk. Mrs. McCluske¥ stated she believed courtesy dictates that this issue go back to the Parks Department so they are not left out of the process. Mr. Overson pointed out the City Council's function is from a legislative stand or budgetary standpoint and does not have the right to dictate to staff. Mr. Colvin stated by agreement Council agreed to replace the money that was used to purchase the parking lot, therefore, the City could not designate that entire area as "free" parking. Mr. Overson stated he is not proposing using funds from the Roosevelt Field Fund, but rather some other funding source. Mr. Mueller stated if some "free" parking is set aside in the Bremerton Lumber site, it will not take away from the Roosevelt Fund because the City will still own the land and the value of the land will not change based on the fact of any "free" parking or whether it is "Diamond" managed parking. Eli~abeth Buell, High Avenue, pointed out not everyone who has difficulty walking up hills have handicap permits. She felt having convenient parking for "senior citizens" is just as important as handicapped parking. Mrs. McCluskev stated in light of this conversation and what appears to be a majority of the Council members desires for free parking or short term parking on the waterfront. The City has some flexibility because the subject contract is for a two year period and has a 90 day termination clause. The City Attorney suggested it might be prudent to add "plus or minus 10%" because the scope within the contract actually lists the number of stalls. Mr. Law suggested making it 10% total. %2975 M/S/C/U(Huff-Menees/Colvin) to approve a two year extension of Contract 2708 with Diamond Parking. Other terms and conditions remain unchanged; with the included 10% as noted above. 6B - BID AW~%RD TO ENFORCE TECHNOLOGYt INC. FOR PARKING INFRACTION TICKETING H~RDWARE. SOFTWARE. AND MANAGEMENT 8OFTW~RBo #AB94-063 TAPE #1187 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes March 30, 1994 Page i1 of 20 The City Council approved funding in the 1993 and 1994 budgets for new parking infraction ticketing hardware, software, and management software. Staff spent the better part of a year evaluating the systems bid and is recommending award to Enforcement Technology, Inc. as the most responsive bid as detailed on the attached evaluation sheet. Our estimate for the system was $25,000 based upon the assumption that we would not need to purchase new hand- held computers. However, each system bid requires the use of their hand-held units. In addition, we requested software modifications to the management software in the amount of $2,550. Therefore the bid is $8,060 higher than the estimate, plus sales tax in the amount of $2,876.22. Kathleen McCluskev, City Clerk, stated as mentioned at the Council Committee meetings, the funding source is Fund 105 - Parking Fund. If the contract is approved, the remaining balance in the Parking Fund will be $241,197.00. Mr. overson requested the Municipal Court Manager describe how this equipment will function. Penny Hill, Municipal Court Manager, stated currently her department must "hand search" information that is feed into the computer. The proposed system will allow her to obtain that information by magnetic tape. She forwards information to the Department of Licensing on tape and they response in like manner. With the new equipment, they will be able to put a hold on vehicle licenses and have a system to track them. Currently, her department is unable to track vehicles with multiple owners and the new system will provide that ability. President FitZ asked if this would be a cost savings to the City in not only time but also collecting more in tickets and infractions. Mrs. Hill stated by being able to put a "hold" on vehicle licenses, she anticipates people paying closer attention to what they owe. Currently, the City uses warning letters, which does not have a significant affect on them. The State is also trying to tie in vehicle license with drivers licenses and may be another option for the City to use in collecting outstanding tickets. TAPE #1188 Mr. Winters questioned the amount of parking ticket revenue collected annually? Mrs. Hill stated in 1993 they collected approximately $240,000. Mr. Winters asked of that amount how much is collected directly from the people who are cited? Mrs. Hill stated all of it. Mr. Law stated one thing that impressed him when the presentation was made to the Fiscal and Budget Committee was that the hand held unit will download 25,000 license plate numbers. That means the parking enforcement people will have a better ability to trace stolen vehicles or vehicles of interest as well as identify the TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 12 of 20 numbers that have delinquent tickets. ~o~ert Ackerm&n, Arsenal Way, questioned the use of the parking ticket revenue? Mrs. Hill stated those funds are placed in the Parking Fund and the proposed equipment will be paid out of that fund. Mrs. McCluskev added monies from the Parking Fund are transferred to the Street Fund and are used to cover all the costs of parking enforcement, regulators, etc. Gor4v B~r4, P.O. Box 930, brought up a concern about people parking in the bus loading loan in from of the vacant Woolworth building. Presi4ent Fitz asked Mayor Horton to look into that situation. M~. Winters stated for the benefit of those who attended the Neighborhood Information Network meeting in west Bremerton on March 28, he made a comment that the parking enforcement is fully self- contained and questioned if the enforcement department was actually needed. The reason he brought this up publicly was due to his being confused in the Council Committee meeting over the Parking Fund being separate from the General Fund. Mrs. M~Cluskey stated for clarification that Fund 105 is the Parking Fund and not part of the General Fund. Fund 105 revenue is generated specifically from parking related fines and those funds are used to finance the program and as a transfer to the Street Fund, partially subsidizing their function. The Parking Regulators' salaries are also paid out of the Parking Fund. Mr. overson asked that the Information Services Manager provide a semi-technical discussion on why a budget adjustment is necessary? Bill Ele¥, Information Services Manager, explained the amount budgeted in the 1994 budget was not sufficient to cover the cost of the bid award and the budget adjustment is to cover that difference. Mr. Overson pointed out originally it was intended that the City would retain the hand held computers, however, now it appears they won't work with the new system. ~r. Ele~ stated the companies that responded to the bid required that the City purchase new hand held computers. The City has experienced problems with the hand held computers currently in use and he felt they should be replaced. #0241 M/S/C/U(Law/Winters) to approve award and contract with Enforcement Technology, Inc. and approve budget adjustment in the amount of $11,000.00. 7A - ORDINANCE (FIRST READING) ANENDING TITLE ~5 TO PROVID~ 8TOP.~WATER REGULATION AND RATE STRUCTURE. #AB94-060 EPA estimates that stormwater and non-point runoff is now the major remaining polluter in 30 to 75% of the nations's surface waters, and stormwater contributes significant portions of toxins to Puget TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 13 of 20 Sound urban bays. The threat to the area's recreation, tourism, fisheries, and quality of life is expected to grow with the growth of population in the Puget Sound basin. Federal and State regulations adopted in the last several years have now forced cities and counties to focus on controlling this problem in earnest. The proposed ordinance adds a new chapter to Title 15 adopting separate regulations and rate structure for the Utility's stormwater system. Sections on service connections parallel sections in the chapters on sanitary sewer and water, but the bulk of the regulations adopts Ecology's model Best Management Practices for sto~mwater source control. The 1991 Puget Sound Water Quality Management Plan requires all counties and cities within the Puget Sound drainage basin to adopt ordinances to control runoff from new development and redevelopment by July of this year, including adoption of Ecology's Best Management Practices Manual or its equivalent. The City agreed to accelerate its adoption as part of a Consent Decree approved in 1993. The new rate structure for stormwater and the stormwater operating fund adopted in December are intended to accomplish two things: First, instead of a combined rate for sanitary sewerage and stormwater, the differentiated rate will direct the cost of required new stormwater operations and construction to the users of the stormwater system. Second, a credit which allows property owners to reduce their sto~mwater rate for on-site detention will encourage conservation (reduced discharge) at the source, which is a more cost effective means of handling stormwater than constructing large conveyance and outfall structures or treating the stormwater. The City's consultant will complete a survey of the City's impervious surfaces and recommend a volumetric charge to be used in the new stormwater rate structure by December 1st of this year. I&n sievers, city Attorney, pointed out to Council the short ordinance, which incorporates Title 15 with one minor change over what they reviewed the previous Council meeting. Following Council'~ discussion about a low-income disabled and low-income senior reduced rate for stormwater, he talked with the City Treasurer about including such a rate and his response was any impact of that kind of reduced stormwater rate would be insignificant. Public Works and Utilities Director Eddy Chu agreed to be consistent and apply that rate to stormwater. He directed Council attention to Title 15 Section 15.60.060(b)...the word "sto~uwater" was added. Also, the rate ordinance needed to be amended and that action is identified under Section 2 of the subject ordinance. TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 14 of 20 ~ questioned if the Utility had started billing for the stormwater charge? Kathleen McCluskev, City Clerk, stated yes. Mr, Dawkins questioned if that rate was being pro-rated as well? Rich Hanna, City Treasurer, explained the effective date of this and the rest of the changes to the Rate Ordinance was February and the bills customers are receiving at this point reflect a proration of that $4.00/monthly charge. As the cycle to where the ordinance is fully implemented, the charge will be $4.00/month with the exception of the amendment introduced for the iow-income senior and iow-income disabled customers. Mr. Law questioned if the people who are eligible for the reduced rate for water and sewer be automatically charged the reduced stormwater rate? Eddy Chu, Public Works and Utilities Director, state yes. Mr. Fart stated at previous Council meetings it has been brought up perhaps the implementation of the real commercial stormwater rates, based on impervious surface area, could be accelerated rather than stated in December. If this proposal is approved, is there an easy vehicle to allow for accelerating those rates and could those rates be retroactive? Mr. Chu stated currently the consultants are scheduled to conduct a cost of services study as well as the development of a Comprehensive Plan and upon their completion, a commercial rate study could be started. The schedule agreed upon by the City and consultant is that those studies will be completed and implemented by the thirdquarter of this year. Following that, he projects that the commercial rate will be ready to come before Council in the fourth quarter of this year. If the studies can be completed earlier, he would move up the implementation date. Mr. Parr wanted to make sure that passage of this proposal would not block the City from escalating the commercial rate. Mr. Chu assured Mr. Fart that passage of this ordinance had no impact on the consultant's schedule. President Fitz asked the City Attorney to address Mr. Fart's question about having the commercial rates be retroactive? Mr. Sievers stated in his opinion that would be very doubtful and asked Mr. Bob Wubbena of Economic And Engineering Services Inc.,to comment on that point. Bob Wubbena, Economic and Engineering Services Inc.(EES), stated his firm would be conducting the studies and from his experience developing rate structures for other entities around the State, it is very difficult to consider retroactive rates and is generally not legal to do so. Mr. Winters questioned how many other cities had Mr. Wubbena and his firm provided rate studies? Mr. Wubbena stated his staff had worked on approximately a dozen different stormwater type programs. Mr. Winters asked if he was correct in that when EES conducts a study for a city that they have a format to develop the rate schedule? Mr, Wubbena stated yes, the proposed ordinance actually has the formula and approach that would be used by commercial customers. TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 15 of 20 What they don't have is the capital cost for needed improvements and that is what they will be developing over the next few months. President Fits asked if it would be up to the City to make the decision on how quickly capital improvements are completed or will the City be "under the gun" to do specific improvements right away? Mr. Chu stated it would be entirely up to the City. President Fitz asked if the City would be "hammered" by any regulations at this point. Mr. Chu stated the only thing that might have an influence is the combined sewer overflow program. The City will have met its requirements if the ordinance is in place and the stormwater program is ready to implement by July 1, 1994. Mr. Overson asked if he was correct in his understanding that $4.00 was taken out of the sewer bill and put in the stormwater bill? ~ich Hanna, City Treasurer, stated no, and briefly reviewed the three actions taken in late 1993: (1) to increase the water rates overall 2%; (2) increase wastewater rates overall 30%; (3) implement a $4.00/month stormwater charge. It could be argued that had the City not implemented the stormwater charge the wastewater rate increase would have been something greater than the 30%. As discussed in Study Sessions and with EES, because so much of the City's service area is served by combined sewers where the same infrastructure conveys both storm and sanitary sewer flows, there will be some overlap of both financially until the program of mandated CSO reduction is carried out and the infrastructures of those two systems become separated. Mr. Colvin questioned the location, within the ordinance, of the iow-income seniors and low-income disabled rate and what are the parameters? Mr. Sievers stated the reduced rate is adopted by reference under Section 15.06 of Title 15. It adopts the criteria for that discount as contained in State law RCW 74.38.070, which is also listed in the ordinance. Mr. Winters referenced Mrs. Chard comments that her sewer/water bill went up by 100%. He questioned how does the City say sewer/water bills will go up 30% when people are saying it went up 100%? Mr. Hanna stated he did not have that particular citizen's infok-mation, however, someone on staff had obtained her name and address and will look into the matter. He emphasized for a bill to have gone up 100% the consumption would had to increase from the prior period. Mr. Winters asked what can a citizen do and who should they call if they become alarmed over their billing? Mr. Chu suggested people contact the Customer Service at the Utility Office. He emphasized a number of factors could affect a bill, such as increased consumption, a water leak that goes undetected, etc. The Utility does have personnel who can go out to the home to TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 16 of 20 make sure the water meter is reading correctly and to check other conditions that may affect the billing. Brian Muel~e~ asked each City Council member if their residence is hooked up to City sewers? Ail Council members responded yes, except President Fitz and Councilman Winters, who responded their current residence was on a septic system. However, Mr. Winters owns a rental property and a business in Bremerton that is on City sewer and President Fitz owns a business in Bremerton that is on City sewer. Mr. Mueller stated he did not believe Mrs. Fitz or Mr. Winters should be allowed to vote on this or other sewer related matters until such time their residence is hooked up to sewers. president Fit~ emphasized she owns the property on which her business is located and her business uses lots of water. Mr. Mueller stated he believed businesses can write off their utility expenses and that same opportunity is not available to residents. Therefore, he felt it was unfair for President Fitz and Mr. Winters to vote for or against anything that does not directly affect them. Mr. Neville stated Council makes decisions based into the future. Mr. Mueller stated he felt it would be appropriate for them to vote on issues once they did become affected. He did not believe not acting on this issue took away any of their powers as Council members. Mr. Law stated he does not have a septic tank and is not affected by Mr. Mueller's concern, however, he does take offense at his singling out anyone on the City Council to say, by inference, they would not make a conscientious, honest decision. Mr. Mueller stated he wanted Mr. Law to re-evaluate his thoughts because many times Council asks conflict of interest statements...at this time, he believes there is a conflict of interest. His comment was made not to embarrass or single out anyone except for the fact he wanted to know the answer to that question and he would have done the same to Mr. Law if his residence was on a septic system. It has been stated that there are approximately 8-12,000 customers on the sewer base. It concerned him that people using septic systems within the City are not being charged the stormwater management fee. If the stormwater charge is brought upon all city people equally, then it is a fair and equitable system. He emphasized not all businesses and residents are paying for the sto~mwater service and if they are how are they billed? Mr. Chu stated every tax lot within the City is being assessed and billed even though they might not have water or sewer hookup. The only lots that may not be included under this assessment are totally undeveloped lots due to their not having any runoff. Mr. Mueller stated he lives on Park Avenue and has a very flat lot and believes he contributes no water to the sto~mwater runoff. President Fitz asked if Mr. Mueller's residence has downspout and if so, were they hooked up to the sewer? Mr. Mueller stated yes, his residence has downspout but they discharge onto his yard. He does feel he should pay his fair share, but questions what is his fair share and how can it be TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 17 of 20 determined? Recently, the City Council passed a Resolution opposing unfunded mandates by the State and federal government. He felt this may be the time for the Council to stand up to those mandates. If the City has no choice but to implement this program, he felt the study should be conducted to determine the cost and the source of stormwater and then tell the State a funding source must be identified in order to implement the program. He is concerned that businesses will receive breaks on their rates, once they are imposed, if they set up items such as holding tanks, treatment systems to filer oils and other contaminates, but yet the residents do not get any kind of a "break" in rates. Mr. Sievers stated in response to Mr. Mueller's comment on conflict of interest, this is not a quasi-judicial action but rather legislative active rate setting so the appearance of fairness doctrine does not apply. State statute RCW 42.23.030 lists the following as one of several exemptions: (1) The furnishing of electrical, water or the utility services by a municipality through its officials at the same rate and on the same terms that are available to the public generally. He pointed out President Fitz and Mr. Winters are not getting any break from their rate class. Mr. Mueller stated he believes they are being treated differently because residents who are hooked up to the sewer are having to pay for the lawsuit settlement. ~N. Fart pointed out that Mr. Chu stated earlier that stormwater charges would be implemented based on tax parcels. Mr. Mueller stated Mr. Chu made the comment that they are "implementing" that process. He and other residents have paid stormwater charges since the implementation date passed by the City Council, but not Mrs. Fitz or Mr. Winters. President Fitz stated she understood Mr. Mueller's concern, however, there are many things the Council votes on as a body that do not affect them personally, but they vote for the good of the City as a whole. Council members are elected to represent their constituents in their Districts and the people in the City. If they were to eliminate themselves from things that did not affect them personally, half the time none of them would be voting. The City Council 'is seated as representatives of the citizens to conduct City business to the best of their ability. None of the Council members are taking on this responsibility to benefit themselves. Mr Mueller stated it is easy to vote for a 30% increase, $4.00/month fee, whatever, if it does not affect you. president FitZ stated it is not easy because Council members know that people will question them on why they took specific actions. She will be highly penalized by the stormwater charge when the commercial rates are implemented and she did not think of that when she was trying to make the best decision for the City. Mr. Mueller restated that Mrs. Fitz and Mr. Winters are voting for a bill that will not affect them. He asked them to step down from voting on this sewer related issue until the time when their residence is hooked up. President Fitz stated she would not step down. Mr. Chu stated for clarification that all residential lots in the City are TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 18 of 20 subject to the $4.00/month stormwater fee. The stormwater management fee started as of February 1, 1994, and as properties are surveyed, they will be billed retroactively back to February 1. Jack Lefooski stated even though it has been stated that collecting for commercial accounts on a "retroactive" basis was difficult, he did not believe it was impossible. He suggested adding an amendment to the motion to forewarn the commercial people that it could become retroactive when the rates are established. Robert Aokerman stated he was not clear as to the exact amount of the low-income senior-and low-income disabled reduced stormwater rate. And, he questioned how will people on fixed incomes pay the increased utility charges? Mr. Chu stated the proposed reduced sto~mwater rate for low-income seniors and low-income disabled is $2.50/month. Glenn Jarsta4, Hefner Avenue, pointed out no matter what Council does they wills be criticized, however, he believes the City does not have a choice to do anything other than pass the ordinance as presented. He noted that Kitsap County will be faced with some tremendous stormwater runoffs and they will be implementing a stormwater fee in the near future. Gor4v Byrd reported during a Council meeting break a Council member commented to him that people speaking on issues were taking up to much time, including Mr. Byrd. He questioned if the stormwater charge would cover residents, parking lots, etc.,? Mr. Chu explained the stormwater management.charges will affect everyone whether or not they are connected to the sewer system. In their calculations the base they use is on an average sized residence of 2,500 sq. ft. Mr. Overson stated there has been concern voiced that this action should not be taken or that there are other options. The City Council, along with staff, have looked at other options and he thinks this is the most advantageous to the citizens of Bremerton. #2500 M/S/C/U(Neville/Overson) to approve Ordinance, on first reading, segregating operations of the City utilities' stormwater system from the wastewater system, establishing best management practices for source control and a rate structure for stormwater, and amending Title 15 of the Bremerton Municipal Code. 7B - RESOLUTION NO. 2463 AUTHORIZIN~ /%N INTERFUND LOAN FROM EOUIPMENT RENTAL RESERVE TO THE STREET FUND FOR THE FOURTH STREET L.I.D.m #AB94-064 Construction of the Fourth Street L.I.D. project has been accomplished at a lower than anticipated cost which has allowed the TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 19 of 20 addition of several amenities including the fountain, clock, and kiosk. These additions have extended the final completion date for the project. As a result, the period of the construction financing also requires extension. It has been found that an interfund loan will be the most economical method of providing the needed financing until the assessment roll is filed and permanent financing can be arranged. Rich Hanna, City Treasurer, reiterated the fact that the original construction on this project came in under that originally estimated. Because the time line for the construction phase of the project has been extended to accommodate those additional amenities, it is necessary for the City to make arrangements to extend the construction financing. Currently, the project is financed by proceeds of a Bond Anticipation Note that was sold months ago and will mature shortly. The original time line for the Bond Anticipation Note was based on what was known at that time to be the construction schedule and related work. He did look at the possibility of extending the bond Anticipation Note, but it became apparent that internal financing made more financial sense and allowed more flexibility since the final date for completion of the remaining projects still remains somewhat uncertainl This action appears to be the lowest cost and most flexible financing alternative. Mr. Law questioned what is the City earning on the City's investment fund? Mr. Hanna stated something slightly in excess of 4%...the reason being the average maturity in the City's investment portfolio is somewhat longer than the duration of the interfund loan being proposed. Mr. Law questioned the minimum time length on each? Mr. Hanna explained there are a number of investments contained in the City's investment portfolio and there is a whole spectrum of instruments maturing at different points in the future. The shortest maturity he suspected is significantly shorter than the proposed interfund loan. Mr. Law stated he did not understand why the City wouldn't be saving money going the other way. Mr, Hanna stated when he approached the financial institution about extending the current financing they indicated it would have exceeded not only the interest cost that is provide for in this interfund loan but also exceeded the average yield on the City's investment portfolio. Mr. Overson explained the portfolio with Seafirst Bank expires June 16 at 3.86% and the City has others ... one at 4.65% that expires August 15, one at 3.9% that expires August 23, one at 3.806% that expires in October. It was his feeling that 4% was somewhat in the same area as the above noted transactions. Mr. Law questioned if another loan was being cancelled to pay this item off? Mr. Hanna stated no. There is another interfund loan that will be paid off, however, the two are not inter-related. The loan he was referencing is the money TAPE #1188 City Council Reg. Mtg. Minutes March 30, 1994 Page 20 of 20 borrowed by the Wastewater Fund in anticipation of closing the Water/Sewer Revenue Bond issue. Gordv BYrd ask for clarification on what is meant by a L.I.D. Mr. Harm& stated an "L.I.D." is a Local Improvement District and in this particular case it is the L.I.D. funded reconstruction of 4th street, the block directly in front of City Hall. Robert Ackerman questioned if the property owners along 4th street paying for the L.I.D. improvements and is the City paying anything? President Fitm stated yes.., the City owns property on that street and they too are paying their fair share. #2309 M/S/C/U(Winters/Colvin) to pass Resolution No. 2463 authorizing an interfund loan from the Equipment Rental Reserve Fund to the Street Fund. With no further business meeting adjourned at 8:30 P.M. KAT~ . ~EN L. McCLUSKEY, I City Clerk EILEEN FITZ, C~u~l President City of Bremerton . KLM/EF/me cc: Normal Distribution File/Vault