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HomeMy WebLinkAbout06/01/94COUNCIL TAPE #1207 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 1, 1994 #0038 #0128 #0182 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, June 1, 1994, at 5:30 P.M., with Council President Eileen Fitz opening the meeting, and new Council President Sherril Huff-Menees presiding over the remainder of the meeting following the election of new officers. Council members present were Morrie Dawkins, Bob Winters, John Law, David Farr, Richard Neville, A1 Colvin, and Lon Overson. Also present were Assistant .City Attorney James McNamara and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Cleveland Williams of Ebenezer African Methodist Episcopal Church. ELECTION OF CITY COUNCIL OFFICERS President Fits opened nominations for the position of City Council President: Bob Winters nominated John Law. Richard Neville nominated Sherril Huff-Menees. President Fits thanked all Council members and stated ehe has enjoyed serving as President. Kathleen McCluskey announced the results of the secret ballot as follows: Sherril Huff-Menees: 5 Votes John Law: 4 Votes President Huff-Menees opened nominations for the position of City Council Vice President: Mrs. Fits nominated Richard Neville. M/S/C/U(Dawkins/Fitz) to cast a unanimous ballot for Richard Neville as City Council Vice President. Vote on motion: In Favor: Overson, Neville, Farr, Law, Fitz, Dawkins, -Colvin, Winters, Huff- Menees President Huff-Menees opened nominations for the position of Mayor Pro Tem, and also nominated Bob Winters. M/S/C/U(Fitz/Farr) to cast a unanimous ballot for Bob Winters as Mayor Pro Tem. Vote on motion: In Favor: Overson, Neville, Farr, Law, Fitz, Dawkins, Colvin, Winters, Huff- Menees TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 2 of 18 #0240 #0263 CONSENT AGENDA A. Minutes of Meeting'-- May 11, 1994 #AB94-105 B. Single Source Purchase - Golf Course #AB94-106 Maintenance Equipment C. Single Source Purchase of a Greens #AB94-107 Mower for Gold Mountain Golf Course M/S/C/U(Dawkins/Farr). to approve the Consent Agenda as presented. Vote on motion: In Favor: Overson, Neville, Farr, Law, Fitz, Dawkins, Colvin, Winters, Huff- Menees CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW42.24.080, 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. M/S/C/U(Colvin/Fitz) on June 1, 1994, the Council does approve for payment those vouchers included and further described as follows: 175753 through 175892 in the total amount of $246,348.74. Before moving on, President Huff-Menees thanked Mrs. Fitz for her service as Council President, and stated that she has come to appreciate very much the qualities Mrs. Fitz has brought to the position and certainly has set a standard that she will pay very close attention to. Above all, Mrs. Fitz has brought an abiding devotion to fairness, and she believes tha~ the Council has benefitted from this, and public has as well. COUNCIL MEMBER REPORTS Mr. Winters stated that he had no report, as he was'ready for a long agenda. Mr. Colvin stated that he was also ready for a long agenda, but did have a report. He thanked Eddy Chu and Kathy Cahill for their excellent presentation given earlier that day to the Bremerton Central Lions Club. They responded to all questions without hesitation. Eddy Chu stated that he was willing to consider any suggestions a citizen might have on either the water bills or sewer charges. Also, Mr. Carlos Montgomery made several suggestions to the Council that many citizens believe have merit, and are worthy of more than just casual consideration: 1) Move the Public Recognition portion of the meeting to the end of the Agenda. This TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 3 of 18 will provide the necessary time to take care of the Cityts business and reduce the amount of time that City staff spends waiting for their Agenda Bill to be acted on by the Council~ and 2) Once every quarter, a town meeting should be held in' lieu of the Council meeting for informational purposes. If any citizen feels these ideas have merit, please call the City Council office. According to an article in the Bremerton Sun, the City is obligated to spend approximately $5 million and none of this amount will go towards the repair of the sewer plant. After talking to Randy Witt, City Engineer, he stated that the $6 million he requested was for the repair of the sewer plant, but there are noguarantees. So, we are going to have to do some belt tightening along the way. Hr. Dawkins stated that he was fortunate enough to represent the Mayor at the Ivy Green Cemetery on Veterans Day, and its always impressive with all the colors around the replica "Tomb of the Unknown Soldier", the only one outside of Washington, D.C. There were a few tears, and lots of cheers for the veterans that were there. Bob Sauter was the Master of Ceremonies for the event. It was a great day to honor a lot of fine veterans that wetve lost through the years, it was a very nice ceremony. Mrs. Fitz had no report this evening. Mr. Law stated that District 3 will have their monthly Neighborhood Meeting on June 21, 1994 at the Senior Center, and Sheriff Pat Jones will be in attendance and there will be many interesting discussions points to bring to the public. Mr. Farr had no report this evening. Mr. Neville stated that a Viewerrs Survey is taking place right now, put on by the City of Bremerton, TCI, and Falcon Cable. The City is getting ready for re-franchising with the two cable companies, and citizen comments and views are requested. Surveys are available at the front counter in City Hall and also at the back table in the City Council Chambers. Please return them in a timely manner. Also, a Public Meeting Notice for the Warren Avenue Combined Sewer Overflow Separation Project, Tuesday, June 7, 1994, at 6:00 P.M. in the City Council Chambers, Room 212. Items to be discussed include the purpose and description of the project, project schedule, location of the work, and traffic impact and local accesses. Mr. Overson had no report this evening. President Huff-Menees announced that there will be a Study Session on Monday in the City Council Conference Room, at 6:00 P.M. to TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 4 of 18 discuss City Projects, Leasing of City Properties, Ramping Down Garbage and Utility Taxes, Political Rules for Cable Community Access Channel, City Council Meeting Format, City Council Policies & Procedural Manual, and City Charter Revisions. Public is invited. PUBLIC RECOGNITION Mayor Lynn Horton stated that this last week she attended an awards presentation put on by the Veterans of Foreign Wars (VFW), and they gave two present City officers and Fire Chief Mick McKinley awards for outstanding service to the community. Officer Jon Johnson, Crime Prevention Specialist with the Police Department and Firefighter Paramedic Larry Rankin were awarded as Officers of the Year from the VFW. Mayor Horton also had a citation given to the Community Access Television in sincere appreciation of the generous contribution of its time and facilities in support of the Veterans of Foreign Wars and its Americanism Program. This was presented to Council Member Neville, who sits on the Cable Committee. Mr. Neville received the citation on behalf of the Cable Committee and thanked the Mayor. Mayor Horton then discussed a few citizen issues: 1) Mr. Andy Parypa has brought forward an issue regarding vehicles parking on the sidewalk at the 1500 block of Elizabeth Avenue, and his discussions with a Parking Enforcement Officer who did not go back and cite those vehicles. He questioned what was the City policy concerning this issue. The existing policy at this point is that they do have regular rounds, and although they do respond to complaints, the Parking Enforcement Officer stated that she did look down toward the 1500 block of Elizabeth Avenue and did not observe any safety hazards. Due to time constraints, she 'continued on her regular patrol, which does not include the 1500 block of Elizabeth. Mayor Horton stated the Parking Enforcement Officer felt Mr. Parypa misunderstood her statement. The City does respond to complaints and perhaps can lgive a little better direction when complaints are received, but generally unless it is an immediate "life/safety" issue, the Parking Enforcement Officers will continue on their rounds, and then go back and pick up the complaint issue. If the Council or the public is not happy with that policy, the Mayor's office is willing to look at how we might change it and be more accommodating in the future. 2) A second citizen complaint from citizens living on Olympic Place who HAVE been cited for parking on the sidewalks, and their issue has to do with the fact that their block is very narrow, they have limited off-street parking, and if they do not park on the sidewalk, large vehicles can not maneuver through the street. They are asking is. there is some remedy to this situation. It is a City Ordinance that if you are parked on the sidewalk, you are subject to a $50 fine, that issue was brought through a citizen group several years ago, and the reason is that it was felt that this was a TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 5 of 18 "life/safety" issue. Because this street is so narrow, there may be some other options. The Mayor will meet with her staff, and citizens to see if a result can be met. A proclamation was presented for "National Safe Boating Week" to the Coast Guard Auxiliarywho stated that they have Boating Safety classes and free vessel examinations. For schedules, check with your local Marine dealer. Mayor Horton also congratulated Ms. Huff-Menees and felt she will do a fine job, and also to the other new officers to keep up the good work. Mrs. Huff-Menees inadvertently left out her Council Report and did want to mention that she held a Neighborhood meeting in her District last night, and it was a great meeting. She wanted to thank all citizens who attended, and also wanted to encourage all citizens to take advantage of these opportunities. Mr. Andy Parypa stated he wanted to give the true facts of what happened with the parking incident on Elizabeth Avenue. On May 18, 1994 at 11:35 A.M., he asked a Parking Enforcement Officer why she was not citing vehicles parked on sidewalks, facing the wrong direction, and on planting strips. She answered that she was instructed to not ticket vehicles parked on sidewalks unless a citizen filed a complaint, and then only if the sidewalk was entirely blocked. She didI'not address the other violations. Mr. Parypa states that enforcement in this manner is a violation of BMC 10.11.020 as now written. On May 19, 1994, Mr. Parypa asked the Mayor who issued such an order, and he replied the Mayor's answer was "not me". Mr. Parypa was told that Council Member Fitz gave the Mayor a letter on the 26th asking by whom and why were these orders issued. Mr. Parypa is asking the Council President to press for a written answer. Also, as of May 12, 1994 he has 84 photographs taken at his expense, and 15 typewritten pages showing much damage to public right-of-ways and negligence on the part of the City. He will share the photos with anyone, but will not allow them to be used by staff members as a complaint against any property owner. Elizabeth Buell asked President Huff-Menees to speak louder and into the microphone because she is having trouble hearing her. Jack Lefcoski also stated that he had a hard time hearing President Huff-Menees, and asked her to speak louder. Regarding A1 Colvin's comments that Eddy Chu was looking for new ways for charging sewer bills, he questioned the use of flow-meters. He learned recently that Puget Sound Naval Shipyard is on a flow-meter system for sewage, and why can't other communities be on flow-meter systems? Citizens are charged for water consumption rather than for sewage outflow. He would like to propose that a flow-meter be put on the TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 6 of 18 main line of the Kitsap Lake project of 77 parcels, before it taps into the City line, and not charge for water only charge for sewer. Finished with a plea for the Council to get rid of the "3-minute" timer. Don Atkinson reported that the Westsound Antique Gallery in theAmy Burnett Complex opened quietly over the weekend and they're planning a grand opening later in June~ There were 55 boats in the marina over Memorial Day weekend~ There are plans to welcome the Labor & Industries staff when they relocate downtown in the Washington Mutual building~ Some new events of the Blackberry Festival will include "Tour Day Kitsap" on August 7, 1994, "Jazz it Up" activity on August 20, 1994, and three other new activities, the "Fun Run", "Car Show", and "Softball Tournament"~ The Admiral Pete tour boat officially went into service today~ The taping of the Archdiocesan Housing Program was conducted on May 19, 1994 will be rebroadcast on Monday, June 6, 1994 and again on Thursday, June 9, 1994 at 7:00 P.M.~ and one other thing, the Downtown Task Force had its second meeting with the consultants from Seattle who are going to be working with them on Master Planning for Downtown Today with the subject being "Signage", and helping people to find downtown Bremerton, and then helping them to flow between the upland businesses and the waterfront. Ruth Davies was upset at an incident that took place at a Neighborhood Information Network meeting. She told of an attendee at the meeting who was approached by three separate individuals who had "warned" her not to speak to Ms. Davies because "she was affiliated with the wrong people". This group also had a list of approximately 30 dwellings that they were going to keep an eye on and report on. Believes there was a lot of "gossip mongering" taking place at this meeting. Feels that the City should be careful about what kind of information and networking is being presented at these meetings. Expressed disappointment at the Council for their seemingly lack of feelings for the woman who brought in the letter about the loss of her daughter in an accident of Lebo Blvd. Ms. Davies expressed her unhappiness at the City's process for annexation, and also brought a letter to read to Council from Mary Wagner, who could not be at the meeting due to health considerations: "I am a casualty of the Rickey Road Annexation Group. It has been 5 years of one technicality after another by the Bremerton City Attorney. This annexation was supposed to be by the petition method. Only there wasn't any petition, only a handful of outside Utility Agreements. Many of these were not recorded at Port Orchard, therefore, their assessed value should not have been counted. They were counted anyway. There is nothing in the State RCW law that says a handful of outside Utility Agreements can constitute an annexation in lieu of TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 7 of 18 a petition. The City of Bremerton criteria for annexation says "People who have signed an outside Utility Agreement must sign the annexation petitions to have their evaluation counted". This was not done because there was no petition to sign. The method of annexation by petition of 75% of assessed valuation discriminates against the small land owner. The small land owner does not have anything to say, but still has to pay City tax on lights, telephone, water, sewer, and garbage. The small land owners constitute the majority of parcels of land in any annexation. Many of the people in the Rickey Road annexation area have moved, or passed away during the five'years of maneuvering by the City of Bremerton. Now let me tell you of some of the things that are going on since the supposed annexation of March 1, 1994...On the water bill, we all received a storm water charge for February and March. We weren't supposedly annexed until March 1, so why is there a charge for the month of February? As to recycling, I didn't get any bins until after April pick-up. None of my · neighbors even got a notice about the garbage or received any bins. Only the ones who were receiving garbage service before the annexation. No bills either. I was transported to the hospital on February 22 by a Bremerton Fire District ambulance. The fire districts reciprocate with one another. I was still in the County and the ambulance should have been paid by my tax dollars to District 15. So I get a bill from the Bremerton Fire District for $150.00. When you are in the County, your ambulance bill is paid by your taxes. They requested I fill out a form. Too my medicate and other insurance numbers and billed them. I found out through the Bremerton Fire District that they are now required to reimburse medicare and my other insurance for that mistake (A1 Duke '478- 5394). If I can have grandfathers rights on the sewers, why can't we have grandfathers rights on the storm water charge at least until we get some service lines in our area? This utility was initiated before we were supposedly annexed. For garbage, we pay as much for two months service as we did for three months in the County. I would like A1 Colvin to see that this letter is not edited out of the minutes. To Mayor Horton, I did not have a heart attack. My doctor said I was not ready to expire at the time of my trip to the hospital. Respectfully, Mary Wagner, 3125 Rickey Road". Gordy Byrd passed on a message he received from several people, that the Council is doing a fine job, especially for the low salary they are paid. Also let everyone know that the notebook he had lost at the Bremerton Armed Forces Day Carnival was turned in to the Bremerton Post Office, and he wanted to thank the person who turned it in, and requested that they please call. Kal Leitchman wanted to let everyone know that the Bremerton Fire TAPE #1207 City Council June 1, 1994 Page 8 of 18 Reg. Mtg. Minutes Department went to the aid of Mary Wagner on Rickey Road under a Mutual Aid Agreement, but to call it a heart attack, and to denigrate District 15 for not being there, is not correct. The City should stand on facts if it wants to save itself. Robert Ackerman came to the City to pay his water bill, and had trouble finding parking. Why can't therebe two disability parking spots closer together? As it is now, one spot is on one end of the block, and the other spot is on the opposite end of the block. Also had a friend who parked his car in'Bremerton, then went over to Seattle on the ferry, and feels that the City is over-charging to park your car for a day. Glen Jarstad saw that today was Eileen's last day as Council President, and wanted to tell her that he thinks she is doing a great job, and handles herself well. He is sure that Sherril will do the same. Came across some information' on Park projects completed when he was Mayor, and wanted the Council members to have the information for their files, and felt they should be proud of the accomplishments. According to his statistics,. over 60% of those utilizing the City parks are County residents, and would like to see the County match the City in Open Space sometime in the future. Elizabeth Buehl disagreed with Robert Ackerman, and felt there were too many disability parking spots. She comes downtownto park, and all she can find are empty handicap spots. Robert Ackerman disputed with Elizabeth Buehl. He always finds it difficult to find an open handicap spot. Elizabeth Buehl spoke on behalf of someone else who wanted to know about people who have a handicap permit for their spouse, and their spouse dies, but they still continue to use the handicap permit for parking privileges, who do you tell? President Huff-Menees stated that this was a State issue, and it would need to be reported to them. The phone number for the Legislative Hot-Line is 1-800-562-6000. Roy McGinnis said he would fill out a Viewer's Survey, but would not provide information for item no. 17. 6A - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT BID AWARD RECOMMENDATION FOR PLAYGROUND EQUIPMENTAT WARREN AVENUE PLAYFIELD, #AB94-108 A Call for Bid for design, site preparation specifications, install surface matting, and provide and install barrier-free playground TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 9 of 18 #2326 equipment at Warren Avenue Playfield was prepared, advertised, distributed and received in accordance with accepted call for bid procedures. Two bids were received and recorded as follows: Pacific Playgrounds $29,000.00 Funco of Washington $30,230.00 Although apparent low bidder, Pacific Playgrounds did not include in their bid the cost of three spring toys as specified in the City's bid documents, Pacific Playgrounds, Inc. did offer the City any of their spring toys listed in their catalog for additional cost. If the City exercised this offer, the additional cost would have increased their bid to $30,575, which is higher than Funco of Washington's bid which did include the cost of three spring toys. So, the recommendation is to award the bid to Funco of Washington, which is the lowest bid. Jodi Wroblewski, Assistant Parks Director, reported she was pleased to bring forth this community development block grant project to be awarded and asked for questions. Mr. Neville asked if the existing structure, the ship, was going to be replaced, and then would the old ship be placed somewhere else? Ms. Wroblewski stated yes, the ship would be replaced by a new ship, and that the old ship was in such disrepair, that they could only salvage some of the timber. Mr. Neville also thanked the sea-bees for taking out the old concrete pond that he used toplay in as a youth, and was glad to see the community effort done by the Navy and the City working together. He stated how no matter what time he drives by the Park, there are always kids playing there. Mr. Overson asked about a Budget Adjustment. Rich Hanna, City Treasurer, said there is adequate budgetary capacity. This project was not specifically addressed because the block grant allocation program was on-going at the time of preparation of the budget. The project brings along its own funding with the award of the grant project, but the paperwork will need to be carried out sometime in the near future. Mrs. Fits asked if the entire cost of the project be covered by the money we have available here? Ms. Wroblewski stated yes. Gor~y Byrd, asked where the ship was located? Vicki Vanneman, Parks & Recreation Director, explained that the ship is a big wooden toy sitting right next to the swings at the Warren Avenue Playfield. This new ship will look more like a pirate ship. M/S/C/U(Dawkins/Neville) motion to award equipment at Warren Avenue Playfield be Washington. bid for playground awarded to Funco of 6B - PROFESSIONAL SERVICES AGREEMENT FOR DEMOLITION OF STORAGE BUILDING, #AB94-109 The Street Department has moved to the new Public Works Complex. The buildings at their prior location on Sheldon Blvd. are no longer being used and have no value to the City . An offer for the TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 10 of 18 #2535 removal of one of the buildings commonly referred to as the "quonset hut" has been received from Colin and Scott Corey, two employees of the Street Department. A review of alternatives for disposal of the building indicates that acceptance of the Corey~s offer as set forth in the proposed contract is in the best interest of the City. Mr. Hanna stated that the City does want to move ahead with the demolition of the old structure on Sheldon Blvd. The City has under-taken some level of effort to assure ourselves that there is no commercial value represented in the structure, and that has proven.to be the case. There is no need to bring this item to Council, but as was discussed in the Study Session, because the two volunteers involved are City employees, the City wanted the discussion done in a public forum to to assure the constituents that this is an "arms length transaction" and is being conducted in an appropriate manner. Mr. Colvin wanted it pointed out to the public that two employees are going to tear this building down at their own expense and on their own time, and without assistance of City equipment. President Huff-Menees pointed out that there is a "hold harmless" clause in the contract that will protect the City. In other words, if the Corey brothers are injured during this demolition of the building, they will not sue the City. Mrs. Fitz also pointed out to the public that the "quonset hut" is the really old, ugly building downby the City park and it will be a beautiful addition to the City to have it gone. M/S/C/U(Fitz/Colvin) motion to authorize the Mayor to sign the attached contract for the demolition of a City building. 6C ~ AMENDMENT TO FLEET MAINTENANCE CONTRACT, #AB94-110 Section 4.08(a) of the City~s contract with Ryder MLS for fleet maintenance provides for an annual adjustment to the approved budget within the contract. The contractor and staff have tentatively agreed to the budget contained in the attachment. Also, an addition to the contract is proposed as Amendment 4 addressing the use of salvaged parts in the repair of City vehicles. Hr. Hanna stated this is an annual event, the current contract has a five year term, but makes provision for the adjustment of the budget which is a target number which is used in conjunction with the financial incentives that are contained in the contract. That target number is adjusted on an annual basis. The proposed numbers are provided. Mr. Law understood that Council was going to get a statement from the manager to concur that the services were satisfactory, which would be appropriate since Council is looking at an increase. Mr. Hanna stated that he did not have a written statement, however, pointed out that Mr. Tulp was available to provide Council with whatever assurances they required. Bob TUlD, Public Works Operations Manager, stated that they have been very well satisfied with the work Ryder has been TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 11 of 18 #3072 #3236 providing. We try to point out things we think are deficient, and Ryder has been cooperating with us very well to correct those deficiencies. Mr. Colvin asked for the footnote to be explained. Mr. Tulp read the footnote written by Lon Overson during Fiscal & Budget Committee meeting "disagree with administration and management fee increase - request manager support". President Huff-Menees explained that is why Mr. Law wanted Mr. Tulp to .speak to the satisfaction of the administration. Mr. Overson stated it was easy to understand the need to increase the cost for parts, labor, and direct expenses, but not for admin and management fee. In his opinion there is not a direct relationship between what has changed and the increase in price, so I personally do not support that part of the contract. Mr. Hanna explained that he posed that very samequestion to the contractor during the negotiation process and that they reviewed the numbers throughout the life of this contract, back to 1987, and the contractor pointed out the administration and management fee components have remained, over the years, a constant percentage of the total contract, there were a number of years where the adjustment to the admin and management fee were less than the CPI and in some cases were actually negative. Mr. Overson pointed out that he did not agree with that argument that just because the City got a good deal in the past, does not mean that the City should not get a good deal now. That is one of the reasons that the City contracted this out because when the City owned it, they felt that they could improve on that, and Mr. Overson feels that they have. Mr. Hanna agreed that the City has been well served by this contractor. Mr. C01vin asked if this increase represents 5.5%, and felt that seemed nominal. M/S/C/(Neville/Fitz) motion to authorize the Mayor to sign the proposed contract amendments the Fleet Maintenance Contract. Vote on motion: Abstain: Bob Winters In Favor: Neville, Farr, Fitz, Dawkins, Huff- Menees Against: Overson, Law, Colvin 7A - ORDINANCE NO. 4462 (SECOND READING) AMENDING PROFESSIONAL. MANAGEMENT COMPENSATION PLAN, ~AB94-103 Public opinion - none. M/S/C/U(Colvin/Neville) motion to pass Ordinance No. 4462 on second reading, amending the management and professional staff compensation plan; and amending Chapter 2.50 of the Bremerton Municipal Code. TAPE #1207 City Council Reg. Mtg. Minutes June 1, 1994 Page 12 of 18 #3407 TAPE #1208 Leila Mills, Assistant City Attorney, replaced James McNamara, Assistant City Attorney, for the remainder of the meeting. 7B - ORDINANCE NO. 4463 (SECOND READING) AMENDING OFFICIAL ZONING MAP OF THE CITY OF BREMERTON FOR PROPERTY LOCATED BETWEEN LILAC LANE AND BRUEN AVENUE, NORTH OF BARLOW DRIVE, IN THE AUTO CENTER WAY AREA OF WEST BREMERTON (JENNINGS KAHN INC.), #AB94-104 President Huff-Menees questioned if she should step down, since she was not at meeting for first reading of this ordinance. Ms.Mills, stated that you can not vote unless you have listened to the tapes or have been filled in on details. President Huff-Menees stated that she'had not, and'stepped down from voting. Mrs. Fits and Mr. Neville also stepped down. Bob Winters, Mayor Pro Tem, stepped in to conduct procedure. Public opinion - none. M/S/C/U(Farr/Dawkins) motion to pass Ordinance No. 4463 on second reading, amending the Official Zoning Map of the City of Bremerton for property located between Lilac Lane and Bruen Avenue, north of Harlow Drive in the Auto Center Way area of West Bremerton (Jennings Kahn Inc. Rezone, File #RZ-02-94). President Huff-Menees~ Mrs. Fits, and Mr. Neville returned to the Council Chambers and rejoined the Council at 7:08 P.M. 7C - ORDINANCE {FIRST READING) AMENDING THE 1994 BUDGET, #AB94-111 Actions taken by the City since passage of the 1994 budget require certain corrections in order that the budget continues to 'accurately reflect the financial operating plan of the City. Hr. Hanna stated that the actions that have taken place to this point, need to be addressed formally in the budget, and a majority of them have, in fact, been heard by full Council earlier on as they relate to the approval of contracts or other action. He directs the Councilts attention to pages 75-76 of their packet where the different items that are being addressed in this ordinance are summarized. Mr. Colvln asked if the $250,000 amount shown on "Request No. 94-1a, Roosevelt Capital" was that the amount the City received on the Roosevelt Field transaction? Mr. Hanna stated no, that the fund involved in Request No. 94-1a is the Roosevelt Capital Asset Fund, and that adjustment changed the budget to allow for the acquisition of what is commonly known as the "Salvation Army property" at the corner of 2nd Street and Washington Avenue. Hr. Farr asked Mr. Hanna to explain '*Request No. 94-11, General Facilities, FourthStreet Building". Mr. Hanna stated that what this represents is that in 1991 when the Fourth Street Building was purchased, bonds were issued to finance both the purchase and a certain amount of renovation of the structure. TAPE #1208 City Council Reg. Mtg. Minutes June 1, 1994 Page 13 of 18 When the 1994 budget was prepared, the City estimated that $275,000 of those unspent bond proceeds would be remaining January 1994, as it turned out, more work was accomplished and more money was spent in the last quarter of 1993 than was estimated. For that reason, this adjustment is adjusting down the beginning 'cash, and the authorized capital expenditure on the Fourth Street budget to bring the allocated budget capacity in line with the remaining unspent bond proceeds. Mr. Overson asked if the $35,000 shown for "Demolition" on page 77 was the total for the demolition or is a subsequent one coming through? Mr. Hanna stated that that was the preliminary estimate, and like any estimate for demolition, that may or may not get the job done. If there are no ugly surprises, then that is a fairly good estimate of demolition costs. Mr- Overson stated the building is still there. Is that because we need more funding, because we had a proposal before us for demolition and construction of the parking area, and I thought that was already in process. Are you saying that is still happening? Mayor Hotton stepped in to explain that there was an underground oil storage tank found that had some sort of a leak problem. Right now, they are doing remediation on the oil problem, and until that portion is settled, we won't take the building down. The budget for taking the building down and putting in the parking lot is the same. The only thing that has changed is the time-frame to do the remediation on the oil problem, and the Bremer Trust is taking care of the problem per the agreement. Robert ackerman asked about the oil leaking and the contaminated dirt, would it add to the cost? Mayor Hotton stated that all of the oil problem, and all of the dirt surrounding the oil problem would be taken care of by the Bremer Trust, that financial obligation will not be borne by the City. They are handling all of it. The only money that we are talking about is for the demolition of the building to replace it with the parking lot. Roy MoGinnis questioned the statements made by Mr. Hanna concerning funds taken from the Roosevelt Field fund to purchase the Salvation Army property. He was under the impression that funds from Roosevelt Field were only to be put into a trust for the new Sports Complex. Why are we using the money to purchase the Salvation Army property? Mr. Hanna stated there was considerable debate concerning using the funds from the Roosevelt Capital Asset Fund to purchase the Salvation Army property. It was Council's decision to go forward with the purchase of the property and this adjustment simply provides the budgetary capacity necessary to carry out that purchase. Mr. Colvln stated that Mr. Hanna might point out that those assets still belong to the Roosevelt Capital Asset Fund, its just amatter of where you have your money. Mr. Overson further explained that the intent is to combine this real estate with the present real estate that the City owns, and to make it a more "marketable package", as an income vehicle. This real estate will be turned into more income, which TAPE #1208 City Council Reg. Mtg. Minutes June 1, 1994 Page 14 of 18 #0528 #0756 will there upon go back into the Roosevelt Capital Asset Fund to reimburse the cost of the purchase and add to the income for replacing the Roosevelt Field. We eliminate a problem, the ancient building on the waterfront, we increase the value, and thereby the income to the Roosevelt Field fund through this process. Mr- Neville pointed out that Mr. Overson is referring to the old Bremerton Lumber sight. Mr. hckerman asked if the City will pay back interest on the money that they borrow, and if yes, how much? Mr. Hanna stated that yes, interest will be paid as required on any inter-fund loan. In this particular case, he believes the rate is 5.5%. M/S/C/U(Overson/Colvin) reading. motion to approve ordinance on first 7D - ORDINANCE (FIRST READING) AMENDMENT TO MTO (MODEL TRAFFIC ORDINANCE) REFERENCE UNDER TITLE 10 BMC, ADOPTING CHAPTER 308-330 OF THE WASHINGTON ADMINISTRATIVE CODE, #AB94-112 The State legislature has provided that Chapter 46.90 RCW (Model Traffic Ordinance) will expire on July 1, 1994, and the provisions of the Washington Administrative Code have been readopted in the Washington Administrative Code in Chapter 308-330, which will become effective on July 1, 1994. The proposed amendment makes the necessary changes to correctly reference the Washington Administrative Code in our Bremerton Municipal Code. Ms. Mills summarized, that if Council does not adopt this ordinance, because the previous RCW is no longer going to exist, we simply will not have much of our criminal infraction code to enforce when it comes to police officers out in the field enforcing vehicle violations, and until we adopt this, we simply don't have anything, or it is not complete. M/S/C/U(Overson/Neville) motion to approve ordinance on first reading. 7E - ORDINANCE (FIRST READING) AMENDMENT TO BASE PENALTIES FOR BICYCLE/SKATEBOARD INFRACTIONS UNDER BMC 10.12.040, #AB94-113 Under Substitute Senate Bill 6006, the Washington State Supreme Court was authorized to provide an increase to the monetarypenalty for each infraction by $10.00. The $10.00 increase is to be directed to the Judicial Information Service Account, which is to provide for an adequate level of judicial information services. The Supreme Court has added a $10.00 assessment on the base monetary penalty for each infraction. While the infractions penalties for all State law violations have increased as of May 1, 1994 by $10.00, penalties on local ordinance infractions (other than parking infractions) have not changed, but will also be subject to $10.00 assessments to be paid to the JIS fund as of June TAPE #1208 City Council Reg. Mtg. Minutes June 1, 1994 Page 15 of 18 #1241 9, 1994. In order to offset this amount to be paid to the JIS fund, the proposed ordinance increases base penalties for bicycle and skateboard violations under BMC 10.12.040 by approximately $10.00. Any defendant found to have committed an infraction will be required to pay the base penalty, plus 90% assessments, unless otherwise ordered by the court. Ms. Mills explained that the legislature granted the court the authority to increase penalties by $10.00, and that is what the court did. Not only does the base penalty increase, but when an officer is out in the field and he cites a citizen for $35.00, for example, 90% is added on to that by the state, so then that fine actually turns out to be $66.00. There are a number of local ordinances such as the Bicycle/ Skateboard Ordinance, Animal Control Ordinance, and Garbage/Refuse Ordinance and those penalties have not been increased. We need to take local action to increase those base penalties so that we recoup our costs for the $10.00 that needs to go to the JIS fund. Language has also been changed to show that there must be a base penalty charged. Mr. Overson pointed out to the public what the State has done to them. They have added $10.00 to every infraction, which will go to the State's Judicial Information System (JIS). Its going to cost you more, so Council must provide for it in the ordinance. Mrs. Fits explained that Council is just talking about the fines and the penalties, NOT changes to the ordinances. Jack Lefcoski stated that he had little faith in this JIS fund or whatever else Olympia was going to do with this additional $10.00 per infraction. Mr. Overson requested that Ms. Hill give a quick review of where these funds are going to go and why we should all feel happy that we are going to have this JIS system. Penny Hill, Municipal Court Services Manager, explained that we are going to be very happy to have this system. This $10.00 assessment will go to fund a state-wide computer system called "Discus". It is now full, there is no room for any other courts to come on. They have a waiting list of approximately 40 courts waiting to get on the state-wide computer system. We should know probably this month sometime when our tentative target date will be, and I'm expecting that to be about this time next year. A state-wide computer system will enable us to access an individual's record throughout the entire state for any court who is on Discus, allowing a court to apply the appropriate penalties. This fund will be assessed and sent monthly to the state as we do our penalties now. Mr. Winters asked how long the City has been on the waiting list to get on this system. Ms. Hill indicated it has been a little over a year now. She does not believe that a court has been added for the last 2, to 3 years. M/S/C/U(Fitz/Colvin) motion to approve ordinance on first reading. 7F - ORDINANCE (FIRST READING) AMENDMENT TO BASE PENALTIES FOR TAPE #1208 City Council Reg. Mtg. Minutes June 1, 1994 Page 16 of 18 #1270 ANIMAL CONTROL INFRACTIONS UNDER BMC 7.05.200, #AB94-114 Under Substitute Senate Bill 6006, the Washington State Supreme Court was authorized to provide an increase to the monetarypenalty for each infraction by $10.00. The $10.00 increase is to be directed to the Judicial Information Service Account, which is to provide for an adequate level of judicial information services. The Supreme Court has added a $10.00 assessment on the base monetary penalty for each infraction. While the infractions penalties for all State law violations have increased as of May 1, 1994 by $10..00, penalties on local ordinance infractions (other than parking infractions) have not changed, but will also be subject to $10.00 assessments to be paid to the JIS fund as of June 9, 1994. In order to offset this amount to be paid to the JIS fund, the proposed ordinance increases base penalties for bicycle and skateboard violations under BMC 10.12,040 by approximately $10.00. Any defendant found to have committed an infraction will be required to pay the base penalty, plus 90% assessments, unless otherwise ordered by the court. M/S/C/U(Neville/Fitz) motion to approve ordinance on first reading. 7G - ORDINANCE (FIRST READING) AMENDMENT TO BASE PENALTIES FOR GARBAGE/REFUSE INFRACTIONS UNDER BMC 6.04.160, #AB94-115 Under Substitute Senate Bill 6006, the Washington State Supreme Court was authorized to provide an increase to the monetarypenalty for each infraction by $10.00. The. $10.00 increase is to be directed to the Judicial Information Service Account, which is to provide for an adequate level of judicial information services. The Supreme Court has added a $10.00 assessment on the base monetary penalty for each infraction. While the infractions penalties for all State law violations have increased as of May 1, 1994 by $10.00, penalties on local ordinance infractions (other than parking infractions) have not changed, but will also be subject to $10.00 assessments to be paid to the JIS fund as of June 9, 1994. In order to offset this amount to be paid to the JIS fund, the proposed ordinance increases base penalties for bicycle and skateboard violations under BMC 10.12,040 by approximately $10.00. Any defendant found to have committed an infraction will be required to pay the base penalty, plus 90% assessments, unless otherwise ordered by the court. Ms. Mills explained that under this ordinance, for the "Additional Convictions for Same Violation in Excess of Three", under section 4 (page 147 of Agenda Packet) that the fine used to be $500 per day. This was changed to $250 per day because the maximum that any jurisdiction can impose for an infraction is $250 base penalty amount, and that needs to be altered. #1290 M/S/C/U(Farr/Colvin) motion to approve ordinance on first reading. TAPE #1208 City Council Reg. Mtg. Minutes June 1, 1994 Page 17 of 18 #1482 7H - ORDINANCE (FIRST READING) AMENDING THE PENALTIES FOR VARIOUS CRIMINAL ACTS~ AND AMENDING BMC TITLE 9A. ~AB94-116 Substitute House Bill 1544, effective July 1, 1994, provides that punishment under any criminal ordinance for the City shall be the same as the punishment provided at State law for the same crime. Currently, the Bremerton Municipal Code contains certain crimes that exist in State law, but provides for different penalties. In order to be in compliance with SHB 1544, the following changes must be made: BMC 9A.20.020: Leaving children unattended in an automobile should be amended from a misdemeanor to a gross misdemeanor. BMC 9A.20.030: Supplying tobacco to a minor should be amended from a misdemeanor to a gross misdemeanor. BMC 9A.40.020: Obstructing a law enforcement official should be amended from a misdemeanor under the BMC misdemeanor to a gross misdemeanor. The proposed change also provides for a new definition of "law enforcement officer" to include public officers responsible for enforcement of fire, building', zoning, and safety codes. MrS. Fitz wanted to express her opinion that the charge for leaving children unattended in an automobile should be a felony rather than a gross misdemeanor.. President Huff-Menees answered a question from the audience that in this case, a "minor child" is considered to be the age of 12 and under. M/S/C/U(Fitz/Colvin) motion to approve ordinance on first reading· 71 - ORDINANCE (FIRST READING) AMENDMENT TO THE PENALTY FOR THE ACTS OF PROSTITUTION, PATRONIZING A PROSTITUTE AND PERMITTING ACTS OF PROSTITUTION - BMC 9.24, #AB94-1I~ Substitute House Bill 1544, effective July 1, 1994, provides that punishment under any criminal ordinance for the City shall be the same as the punishment provided at State law for the same crime. Currently, the Bremerton Municipal Code contains the crimes of prostitution, patronizing a prostitute, and permitting acts of prostitution. These acts under State law constitute misdemeanors, and carry a maximum fine of $1,000.00 and maximum jail timeof 90. days· The penalties in the BMC currently allow for 90 days in jail, but only a $300·00 maximum fine. In order to be in compliance with SHB 1544, the BMC should be amended to eliminate the maximum fine of $300.00, thereby increasing the maximum fine to $1,000.00· The proposed ordinance repeals BMC 9.24.030 "Promoting Prostitution TAPE #1208 City Council Reg. Mtg. Minutes June 1, 1994 Page 18 of 18 #1566 Designated and Prohibited" because such conduct is a felony under State law and therefore such acts should be filed through the Kitsap County Prosecutor. Additionally, proposed BMC 9.24,020 amends the prohibited conduct to include offering to engage in sexual conduct in return for payment of a fee. The ordinance currently only addresses engaging in or agreeing to engage in such conduct. BMC 9.24.020(b) is amended to correctly refer to RCW 9A.44,010(2) for definitions of "sexual conduct". M/S/C/U(Colvin/Farr) motion to approve ordinance on first reading. With no further business meeting adjourned at 8:12 P.M. President Huff-Menees wanted to remind everyone that there will be a Study Session Monday, June 6, 1994, at 6:00 P.M., and everyone is welcome to attend. KATHLEEN L. McCLUSKEY, City Clerk KLM/SH/ls cc: Normal Distribution File/Vault