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HomeMy WebLinkAbout02/05/92 CITY COUNCIL MEETING MINUTES ~~ FEB 19 FEBRUARY 5, 1992 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, February 5, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Eileen Fitz, Hank Waibel, and Morrie Dawkins. Absent were Councilmen A1 Colvin, C.R. "Tiny" Collins and Russ Johnson. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Councilman Dawkins. Council President Horton announced Council will adjourn to an executive session regarding litigation at the conclusion of the Council Meeting. CONSENT AGENDA A. Minutes Of Meeting - January 22, 1992, %AB92-025 M/S/C/U(Waibel/Estes) to approve Consent Agenda as presented. CLaIMS/WARRaNT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. M/S/C/U(Overson/Estes) on February 5, 1992, the Council does approve for payment those vouchers included and further described as follows: 143621, 143986 through 144149 in total amount of $587,614.62; and Regular Payroll for period ending .January 31, 1992 in total amount of $454,876.56 \ COUNCIL MEMBER REPORTS #00§7 Mr. Dawkins stated it is good to see the streets are getting improved and Puget Power is undergrounding utilities in the alleys and expressed desire to see the entire City with wires underground. Mr. Overson stated the weather has cooperated with getting some of the street work done. He stated the overwater park is expanding quickly and a lot of work going on onboard the Turner Joy. TAPE #990 city Council Reg. Mtg. Minutes February 5, 1992 Page 2 of 17 Mr. Estes stated he devoted the last week to fixing water pipes. Mrs. Fitz stated everyone can be thankful the rain has stopped and the school levies passed. Mr. Waibel stated there was a landslide in his district and hopes the street is open soon. In discussing employees leaving the City, Mr. Waibel stated he is extremely hopeful in the future when the City is debating personnel changes and before those changes are finalized that will be done in closed session under the executive session rules. He hoped during the budget process next year that will be remembered. Mr. Waibel stated the CenCom green slips, which are non-emergency calls, have reduced from the beginning of 1991 to the end of 1991 by 38%. The first quarter of the year there were approximately 104 per month, the last three quarters about 68 per month. Mrs. Horton stated there were a series of Board meetings today, one being the Kitsap Regional Planning Council meeting. They are planning a series of community meetings to be held on growth management issues. The most pertinent to Bremerton will be March 26 from 7 - 9 p.m. at the Kitsap Regional Library on Sylvan Way. There will be several others throughout the county during the next two months, and on May 30 there will be a growth management fair at Kitsap Mall, which should be very informative. Mrs. Horton stated if anyone wishes information or input on growth management, they should attend as many of the meetings as possible, or forward documentation to get your input on the record. A new contract for Paratransit services was approved. The process has been ongoing for about eight months in an attempt .to improve Paratransit service. An extensive search was conducted and School Bus Services from Portland was selected. Mrs. Horton feels they are a very good firm, their clients are very pleased with their service and there is good communication between drivers and clients. She feels that will translate to Kitsap County. Changes will come to Paratransit service with the belief that service will improve which is the goal. Last Friday night Mrs. Horton rode with Captain Rogers and it was a real eye opener even though it was a slow night. She discussed an altercation with 20 - 25 young people involved and Mrs. Horton complimented the police for their handling of the situation. TAPE #99O City Council Reg. Mtg. Minutes February 5, 1992 Page 3 of 17 Mrs. Horton discussed an article she read in the Nation's City Weekly newspaper. Dayton, Ohio has gone to a program called "Beat Auto Theft". Florescent decals are issued by the City, participants sign a waiver stating they normally do not drive their vehicle between the hours of 1 a.m. and 5 a.m.; midnight to 6 a.m. is the normal time car theft occurs. The waiver allows police to stop a vehicle with the decal being driven during those hours, and ask the driver for pertinent information. The decal is hard to get off which help to deter theft. Mrs. Horton intends to pass this suggestion on to the police department and suggested getting insurance companies involved since they would also benefit. #0364 Mayor Mentor read a proclamation proclaiming the month of February as "American Music Month in Bremerton". Dorothy Martell, Director of Bremerton Ladies Choral accepted the proclamation and briefly discussed the history of the group. Mayor Mentor stated regarding the Wheaton Way slide, they are waiting for the ground to stabilize before they can set the culvert. They are hoping the dry weather will aid in the ground stabilizing. Mr. Mentor offered congratulation on the passage of all school levies. The Mayor welcomed Travis Baker of The Sun who has replaced Jack Swanson in reporting on city government. Mayor Mentor reported that last Thursday he met with Karen Schmidt, Paul Zellinsky and Tim Sheldon and people from the prison siting group. Mr. Mentor stated three County Commissioners wrote a letter against the site being considered, all nine legislators wrote letters, and he just received a copy of a letter to Secretary of Department Corrections from three State Senators and six State Representatives against the site. Mrs. Horton stated as a follow on, next Wednesday at 6 p.m. at West Hills Elementary there will be a public hearing on the Environmental Impact Statement. It will also be taped by Public Access Channel and will be aired the following day on Channel 29. Mayor Mentor stated there were three D.A.R.E. graduations this week from elementary schools and stated it was a good ceremony. He further stated the City's D.A.R.E officer did a good job and he was happy to see the number of parents in attendance. TAPE #99O City Council Reg. Mtg. Minutes February 5, 1992 Page 4 of 17 PUBLIC RECOGNITION #0607 Melissa An4erson, Animal Control Officer, thanked everyone who called about the "pet of the week" last week and showed this week's "pet of the week" a 3 month old female, medium hair, all white kitten, which is available for adoption. #0639 RESOLUTION NO. 2374 - RETAINING MARINERS B~SEBALL CLUB IN SE~TTLEr ~B92-043 Rick Smith, Chairman, Annual Bremerton/Kitsap Night for the Bremerton Athletic Roundtable, submitted this resolution and requested passage by Council. He discussed Bremerton City government support of the Mariners by having Bremerton/Kitsap community night at the Mariners games. He stated the Mariners have done very well considering they have never been in the pennant race. The new proposal for ownership brings adequate financing which will provide stability. It is Mr. Smith's intent if Council passes this resolution, to gather all resolutions that have been passed, one in the Senate, one in the House and by the City of Seattle, to transmit those resolutions to Fay Vincent, Baseball Commissioner, and each ownership in the major league, urging them consider this opportunity for baseball to be opened to the entire Pacific Rim and to have stability in the franchise in Seattle. While most of the money comes from a Japanese family and company, that family and company would have less than a 40% voting interest in the Board of Directors of the new baseball club of Seattle. It provides local control for the first time in the history of the franchise. Mr. Smith announced that May 9th will be Bremerton/Kitsap night at the Mariners. M/S/C (Dawkins/Waibel) to approve Resolution No. 2374 Retaining the Mariners Baseball Club in Seattle. Mr. Overson stated he has not had the opportunity to read the .entire Resolution and not sure if he does or doesn't support it. He stated the concept seems good but he is not sure of the language. He felt this may compare with sending a Resolution to the U. S. Government to continue the B2 Bomber project at Boeing. He questioned if that is appropriate. Mrs. Horton stated if this is passed she would like to have the resolution retyped to conform with the City's format. Mr. Dawkins and Mr. Waibel concurred with Mrs. Horton's request. Question called affirmative: Fitz, Waibel, Dawkins, Estes, Horton abstain: Overson TAPE ~990 city Council Reg. Mtg. Minutes February 5, 1992 Page 5 of 17 Mrs. Horton suggested that Mr. Smith contact her on Thursday to work out the details. #0811 Gordv BYrd, 402 Chester, reported he now has $13,488.55 in his fund for the home for the homeless. #0962 6A - LEASE ~GREEMENT BETWEEN CITY OF BREMERTON AND MOTOROL~ COMMUNICATIONS & ELECTRONICSt INC., ~AB92-026 The existing lease agreement between the City of Bremerton Department of Municipal Utilities and Motorola Communications & Electronics, Inc. for the operation of a telecommunications system expired on August 31, 1991. Attached for City Council's consideration is a proposed agreement between the city of Bremerton and Motorola Communications & Electronics, Inc. to allow Motorola Communications & Electronics, Inc. to continue to operate telecommunications equipment for ten (10) years and to establish a monthly site rental fee of $1,810.24. Bill Dully, Utilities Director, stated this is a continuation of an existing lease written on the new lease form. Public comment - none Ms. Horton stated when this was first before Council it had an extension of the lease and continuation of 10 years. She asked if this is in fact a renegotiated lease? Mr. Duffy responded yes and stated it has been presented to Motorola and they have accepted it. It was determined they are in compliance with City Charter requiring a 10 year lease. Mr. Waibel inquired of Mr. Sievers if it would be appropriate to have the non-discrimination clause in the lease, to be sure they are in compliance? Mr. Sievers stated this facility does not serve members of the public or involve employees, it can be included, but would have no effect on the lease. Mr. Waibel felt the City is stronger by notifying the public in every case that they do require non-discrimination. Mr. Overson stated this is about $1,800 a month income, and asked Mr. Duffy if that continues for 10 years or does it escalate? Mr. Duffy stated the amount increases based on the standard CPI adjustments each year. M/S/C/U (Waibel/Estes) to approve the lease agreement between the City and Motorola Communications and Electronics, Inc. and authorize the Mayor to execute said agreement subject to City TAPE ~990 City Council Reg. Mtg. Minutes February 5, 1992 Page 6 of 17 Administrative Policies and Procedures with the inclusion of the City's standard non-discrimination clause. #1093 6B - APPOINTMENT TO CABLE COMMUNICATIONS ADVISORY COMMITTEE - LUCY E. HOCHSTEIN~ ~AB92-027 There is a vacancy on the Cable Committee and the Mayor recommends it be filled by Lucy E. Hochstein. Attached is her application for appointment. Mayor Mentor outlined Ms. Hochstein's qualifications and concluded she is an outstanding applicant for this position and asset to the community. Mayor Mentor emphasized Ms. Hochstein will be filling an unexpired term. M/S/C/U(Fitz/Estes) to confirm the appointment of Lucy E. Hochstein to the Cable Communications Advisory Committee. #118§ 6C - PROPOSED RATES FOR PENINSULA AMBULkNCE - NEW LICENSEr ~AB92-028 Ambulance rates for newly licensed companies are subject to review and approval by Council. Peninsula Ambulance has applied to operate a full service ambulance company within the City Limits and thus is seeking rate approval. Paula Johnston, License Inspector, stated this is a new company, they are set up and ready to go. Before they can start operations they need rate approval by the current ordinance. Their original rate structure for 1992 is included in the packet and future rate structure for all companies in the City. That rate structure has not been reviewed by Council, as they are attempting to propose a new ordinance with new regulations tonight. Allen Reid, representing Peninsula Ambulance, stated this is · their last step before they can go into operation and asked Council to consider the rates currently in place in Bremerton rather than the rates submitted with their application. Frank Burk, Olympic Ambulance, stated they submitted 1992 rates in December which have not yet been addressed. He understood the regulations would change, but felt it is not fair to stall one more time as he alleged has happened many times before on rate increases. He felt although Peninsula Ambulance needed rates to open, it is unfair to approve any rate and not address rate increases Olympic Ambulance has requested. Mr. Burk had other concerns; 1) under the new rate TAPE #990 City Council Reg. Mtg. Minutes February 5, 1992 Page 7 of 17 regulations, there is the appearance of price fixing for BLS 911 aid calls; and 2) with new rate regulations there would be situations where his medicare payments could be in jeopardy because medicare will not expect different rates for different customers. Mrs. Horton asked Mr. Sievers if he would address Mr. Burk's concerns. Mr. Sievers stated he is not familiar with the process Mr. Burk was discussing. In reference to the price fixing issue, Mr. Sievers stated he would prefer the City has a uniform rate structure for all companies if they are going to determine rates as the regulatory agency. He felt the City is getting out of that area as they did with taxicab regulatory business and now they are requiring that the fair market set those competitive rates. They are just requiring notice be filed with the City so people are aware what the rates are. Mrs. Horton asked that Mr. Sievers be prepared to address the price fixing aspect in the event the following ordinance is passed. Ms. Johnston stated as the ordinance is written, Council will approve the 911 aid call rates. It doesn't address rates or a formal agreement from the ambulance companies coming forward with a uniform rate. It is to their benefit to let Council know what it is they want in the way of rates. It's up to Council to determine what they want to approve in the way of a base rate for 911 aid calls. Ms. Johnston felt the ordinance is not in conflict with what could be construed as price fixing. In te£ms of the rate approval for Peninsula Ambulance, they applied for their license at the beginning of December. Also in December the other companies applied for a rate increase. License Division has attempted[ to get these items on the agenda. At that time it was her understanding Council was uncomfortable with regulating th,s entire rate schedule for ambulance companies. They felt they did not have the expertise to come up with a fair rate schedule. Staff was directed to bring an amendment or new ordinance before Council. Mrs. Horton asked if there was special treatment given to Peninsula Ambulance over the other ambulance companies in Bremerton? Ms. Johnston stated to her knowledge there was not. She stated they have qualified in every way for a license and the last step is rate approval. Regardless of how Council approaches rate schedule they need to either approve or not approve a rate schedule for Peninsula Ambulance. TAPE #99O City Council Reg. Mtg. Minutes February 5, 1992 Page 8 of 17 Mr. Waibel asked if the proposers from Peninsula Ambulance are in fact asking for the same rate schedule that currently is in place for other ambulance companies? Ms. Johnston stated that is correct. M/S/C/U(Waibel/Estes) approval of a rate structure that Council deems fair and competitive. #1808 7A - ORDINANCE (FIRST READING) CREATING THE PENDERGAST REGIONAL PARK CONSTRUCTION FUNDt ~AB92-029 The proposed ordinance will create a capital project fund in order to provide for a discreet accounting of the financial transactions involved in the City's Regional Athletic facilities project. Use of such an ordinance is consistent with generally accepted accounting principles and prior to City actions. Rich Hanna, City Treasurer, suggested a change in wording that at the conclusion of the project any remaining monies be distributed to the Park Facilities Construction Fund. The original wording was for distribution in such manner as Council directed. Mr. Hanna stated the fund exists only as long as the construction is ongoing. At the conclusion of the construction the fund no longer exists and they are proposing that any monies remaining in the fund will go to the Park Facilities Construction Fund. Public comment - none Mr. Overson asked if this fund is specific to this one park and will funds come from numerous sources including existing 107, 304 and some others? Mr. Hanna stated yes, the initial source of funding would be as has been discussed in the Interlocal and Pendergast Committee and beyond that all the funds Mr. Overson mentioned are a possibility. Mr. Waibel stated Council does intend to dedicate any funds remaining from this fund for the furtherance of parks. M/S/C (Waibel/Dawkins) to approve ordinance on first reading. Mrs. Fitz asked if there will be a problem if at the end any remaining funds are moved to the parks funds when the money was ea£marked for the Pendergast Fund by the people that raised the money? Mr. Waibel explained once construction is over the fund no longer exists. Remaining funds must go somewhere. Mr. Hanna stated that addresses Phase I of the complex. The ultimate construction of the facility will TAPE #99O City Council Reg. Mtg. Minutes February 5, 1992 Page 9 of 17 probably exceed that initial $2 million budgeted by a substantial amount. Question called: carried unanimously. #2314 7B - ORDINANCE (FIRST RE~DIN~} ESTABLISHIN~ OPERATION OF AMBULANCE SERVICE WITHIN THE CITY LIMITS~ ~AB92-030 This Ordinance is a revision of BMC Chapter 5.50. It deletes the Chapter in its entirety and establishes an Ordinance in line with Federal, State RCW's and WACs as well as local requirements. It establishes a rotation policy for current and future participants, eliminates a 3-ambulance requirement and implements a performance-based criteria. The Ordinance allows the Council to approve rates for 911-initiated calls only. A1 Duke, Medical Officer, Bremerton Fire Department, stated the ambulance ordinance hadn't been revised since 1981, the last revision was early last year when the Fire Department decided to start transporting. During that time another ambulance company wanted to do business in Bremerton. There were no provisions for a rotating policy and quality assurance in the ordinance. There have been study sessions and discussion starting in October and this ordinance is the result of those sessions and discussions. Frank Burk complimented Mr. Duke on the final document. He raised a number of questions and felt Council may want to do some editing of the ordinance. Mr. Burk's concerns are: Paqe 3 - Applicability - He stated the Fire Department has repeatedly said they don't want to operate non-emergency BLS and they don't intend to get into that business. This language seems contradictory. He suggested the language should be "non-emergency 911 BLS transports". Paqe 4 - He stated the Fire Chief has the ultimate review and approval for issuance of ambulance company licenses even though he is also in the business. Page 6 - Applicability, Driver and Attendant - He asked why does the City want to get into private company's hiring practices? Ambulance companies already do the things listed except for photos and fingerprinting. He feels this is a duplication of efforts and wastes time and money. TAPE ~990 City Council Reg. Mtg. Minutes February 5, 1992 Page 10 of 17 Paqes $ and 9 - In the event a call for emergency medical assistance is received by a private company and if it's a ~T~ call, the caller is directed to call 911. He suggested language to the effect private dispatch should get a phone number and basic information in case the caller does not call 911. He has no problem making it unlawful to respond by vehicle to any call requested by Fire Department, but doesn't believe that is a State law. Paqe 10 - Section (e) responding to call for emergency assistance within 10 minutes with lights and sirens 95% of the time. Is this to respond to ALS only? is this with lights and sirens? it isn't clear. If it is without lights and siren and ALS aid calls only, and during rush hour when the majority of accidents happen and they must stop for traffic lights, 10 minutes is not reasonable. Another section requests submittal of monthly reports at the conclusion of the rotation stating response time for all emergency calls. There's never been a problem brought to their attention by the local EMS Council of Quality Assurance about timely response to calls. Why are they being asked to monitor themselves? If this section is for BLS it shouldn't even apply. In the next section, in the event they have no ambulances they are to notify the Fire Department and Cencom, which they are already doing. It is now being legislated and being called a criminal misdemeanor. He stated sometimes when they call Cencom they are put on hold 3 minutes and a lot can happen in those 3 minutes in the EMS community. If they can do it by radio there's no problem; he felt this needs to be addressed. Paqe 11 - The licensee shall cooperate with any request from the Fire Department for mutual aid assistance in Kitsap County. He asked if the City is legislating what private companies do outside the city limits? Rate filing - rate schedules filed for 911 initiated calls is what should be addressed. He asked Council not to dwell on his earlier remarks about price fixing, and stated his concern is medicare reimbursement. Last section - penalty for violation: He suggested changing language "guilty of an infraction" to "subject to an infraction". Mr. Burk expressed opinion the ordinance isn't ready yet. TAPE #990 City Council Reg. Mtg. Minutes February 5, 1992 Page 11 of 17 ordinance is commendable. He felt there is still some work to be done. Mr. Reid stated the medicare issue is a real concern. A large part of their clients are medicare and the rules are very specific. They want to be in line and not setting a rate they can't hold to for medicare customers or is different from what they'd charge other customers. Mrs. morton asked why it would matter since medicare doesn't pay the entire bill? Mr. Reid responded that reimbursement is based on the rates. Mr. Waibel asked Mr. Duke if there is a problem with code 3 limitations on page 107 Mr. Duke stated yes, they have taken away the 3 ambulance regulations and replaced them with restrictions. The objective is in order to met those 10 minute requirements they visualize the lights and siren coming on and going code through town in order to stay under the requirements. Usually they are of a BLS nature and lights and siren aren't necessary. If lights and sirens are required they will request them. Mr. Waibel requested an explanation on the difference between codes and emergency and non- emergency. Mr. Duke stated "coming codes" is an emergency where lights and siren are used at intersections. Mr. Waibel stated if responding to calls for emergency assistance in 10 minutes and other calls assuming non-emergency in 15 minutes, it appears in using the wording emergency, they've defined code 3 as well. Mr. Duke responded they could eliminate "emergency" and ask for assistance within 10 minutes. Mr. Waibel asked which calls should be answered in 15 minutes? Mr. Duke stated they don't want lights and siren unless requested. The reason for the use of "emergency" is because they are at an emergency scene. Once they've arrived at the scene they determine if lights and siren are required. Mr. Waibel asked when would it be appropriate to arrive in 10 minutes, 15 minutes? Mr. Duke stated when dispatched they want the ambulance there in 10 minutes, but not over 15 minutes. For clarification, Mr. Waibel stated non-code 3 arrive in 10 minutes 95% of the time, the other 5% in 15 minutes is okay, over 15 minutes they are in violation and subject to a fine. In the City they don't want them using lights and siren in order to meet that 10 minute and it does require that level of service within our boundaries. Mrs. Horton asked when dispatched do they know if it is emergency or non-emergency? Mr. Duke responded yes. TAPE ~990 City Council Reg. Mtg. Minutes February 5, 1992 Page 12 of 17 Mr. Overson felt it would be appropriate to give some guidance to Mr. Duke to re-write and be brought back to Council later. Mr. Waibel discussed 5.50.020 section (a) and indicated he would like a non-competition clause or non-emergency 911, but not regulating BLS. Mr. Duke stated the Fire Department doesn't want to get into a private enterprise BLS aid call business. Mr. Waibel stated as a legislature for the City he's obligated to try to maintain service levels for the people of Bremerton. This is what they are attempting to do, and trying to get out of regulating except the regular levels of service. Regarding the fee, schedules filed for 911 initiated calls are subject to review and approval by Council. They are maintaining the right to review the rates. If any ambulance operator violates federal law by charging medicare patients something other than what is agreed to on the 911 calls that is their problem, not the City's. TAPE Mrs. Horton asked for clarification, can they have two sets of #991 rates? Mr. Duke stated that is up to them. Mr. Overson stated referring to page 8, when a person calls for an ambulance they are told to call 911 and ambulance company operator hangs up. What if there is an incident with many injuries and all 911 ambulances are responding. Someone is told to call 911, it doesn't fit. He suggested removing the entire paragraph. Mr. Duke explained the nursing homes call private ambulance first. The ambulance arrives and they find it is a ALS call. They in turn call 911 and 5 or 10 minutes are wasted. Mr. Overson stated if a person calls a private ambulance let them take the ALS patient and change the ordinance to provide for that. Mr. Duke stated they do not provide 24 hour ALS service. Mr. Overson stated they should determine in advance if it is ALS and if they can handle it. Mr. Duke stated the caller doesn't always know the extent of -the injury or illness. Someone responds to a call and evaluates. Mr. Overson felt uncomfortable with the wording and felt it should provide flexibility to handle other emergency situations. Mr. Overson stated he is concerned with the process for determing rates to be proposed for Council approval. He is not certain this process provides for good 911 rates. This ordinance doesn't call for any committee or educated and/or experienced group to review aside from ambulance people. Mr. Duke stated rates are submitted to the City Clerk's office for survey of companies throughout the Puget Sound area. The old ordinance had a Ambulance Advisory Committee, which the Fire Department sat on, but they are now in competition with private TAPE #991 City Council Reg. Mtg. Minutes February 5, 1992 Page 13 of 17 ambulance companies. The concept of the Committee didn't work and has been dropped from the ordinance. Mr. Overson stated he hopes Council could step aside and let the process work like it does for the taxicab organizations. Paula Johnston stated currently Council does not review or approve any taxi rates and that works. Here Council is tying themselves to what ambulance companies can charge for BLS 911 aid calls they are called upon by the Fire Department to participate in. Council does not have to regulate those rates if they choose not to. It was direction from study sessions and operations committee members that Council wanted to control and approve rates for BLS 911 aid calls. The Fire Department and City is regulating that portion of the industry by saying one company can respond at a time by putting them on rotation. Council felt there is an obligation to residents to approve and control rates charged. The reason the ordinance is in broad format and specifically doesn't outline a procedure, is that ambulance companies and staff can present their case when rate approval is before Council. Mrs. Horton felt the ordinance should reflect a process for the City Clerk's office to do that background check. Mrs. Fitz asked if ambulances needed to be licensed in the county? Mr. Duke stated the county has no regulations he is aware of. Mrs. Horton discussed reciprocal aid agreements and the need to know coverage when outside the city limits. Mr. Overson inquired if a new company needs to prove they can perfo£m and if so, how do they prove it? Mr. Duke discussed the technical side of the process when the application is submitted. Mrs. Horton asked Mr. Sievers to get documentation about the medicare issue. They don't want ambulance companies .or the City put in jeopardy of a lawsuit. M/S/C/U (Overson/Estes) table for two weeks and be brought back to Council reflecting all discussions and concerns. Mrs. Horton asked this document be provided to the ambulance companies in advance for their review. #0511 7C - ORDINANCE (FIRST READING) ~%MENDING THE DEFINITION OF "RECREATIONAL VEHICLE,, IN CHAPTER III OF THE BREMERTON ZONIN~ ORDINANCE AND TO REPEAL TITLE 19 OF THE BREMERTON MUNICIP~?. CODE, ~AB92-031 At the request of the City Attorney's Office, a Zoning Ordinance Text Amendment has been processed to amend the TAPE ~991 City Council Reg. Mtg. Minutes February 5, 1992 Page 14 of 17 definition of "Recreational Vehicle". The Planning Commission conducted a public hearing on October 15, 1991 and recommended City Council approval of the amended wording. On November 20, 1991, the City Council conducted a public hearing, following which it directed some additional adjustments. Those adjustments were made by staff and reviewed by the Council Operations Committee. The amendment is now returning to the city Council for final consideration and first reading. Don Pratt, Director of Community Development, stated last year they became aware of several instances where people were inappropriately living in Recreational Vehicles in vacant lots, adjacent to houses being built, etc. This violates a strong sense of community orderliness in neighborhoods. An ordinance amendment was submitted to the Planning Commission. In October they sent their recommendation to Council. In November Council held a public hearing and additional adjustments have been made. As result of the hearing, the ordinance was sent to the operations committee. Some changes included are more types of recreational and wheeled vehicles that would be controlled by this ordinance. Included are motorhomes, travel and tent trailers, camper conversion vehicles, boats and pickup campers. They've allowed RV use on private property for up to 30 days without a permit, beyond 30 days would be a violation of the zoning code. They've created a RV living permit for 90 days within one year, for a charge of $10. They have permitted use of RVs on construction sites for the balance of the life of the building permit. Public comment - none Mr. Waibel asked when they see 30 days approaching, will they contact the inhabitants of these vehicles and notify them of the permit requirement if they want to stay longer than 30 days? Mr. Pratt stated in the Community Development Department's written Policy and Procedure, the enforcement policy requires, with some exceptions, there be an attempt to establish telephone contact to advise them of the requirement. If they are comfortable the person is taking steps to conform they will hold enforcement action off. Mr. Waibel stated all these vehicles do not have telephones. Mr. Pratt stated if they can't directly contact the person on the site they will contact the property owner. Mr. Overson stated it doesn't address how a person gets an RV occupational permit. TAPE ~990 City Council Reg. Mtg. Minutes February 5, 1992 Page 15 of 17 He asked what starts the 30 days, what starts the 90 days? Mr. Pratt responded in the sign ordinance you can have a temporary sign that has different regulations than permanent signs. The best way is to document the first time they notice someone living in an RV, return 7 or 30 or 90 days later and document it again. What they do when they find the use had gone away and come back so it wasn't a continuous 7 days, is establish an inspection on a periodic basis, take photos, written documentation and build a case, and hope to convey a record of periodic visits that create a sense of continued use. They will start from the day they first document evidence. Mr. Overson asked if it's good for 90 days why isn't it good for 30 days? He stated when you go to the next page it says in a construction related caretaker event they can use the RV until construction is finished. There would be no limit and there would be no control for that. Mr. Waibel stated it is limited to the balance of the building permit. Mr. Overson asked what if they would require a permit anytime someone is going to be in an RV in the City. Example: if someone wants to park on a downtown street, is it appropriate to ask that they get a sticker good until a specific date? Mr. Pratt expressed opinion the problem currently is not serious enough to warrant that kind of administrative attention. He stated the overall intent of the ordinance is to deal with the gross violations. M/S/C/U(Waibel/Dawkins) to approve Ordinance on first reading. #0791 7D - ORDINANCE (FIRST READING) PROHIBITING THE UBE OF RECREATIONAL VEHICLES IN PUBLIC PLACESt ~B92-032 The proposed Ordinance prohibits the use of recreational vehicles for habitation on any street or public place which is .not officially designated for that use. Violation of this ordinance would constitute a civil infraction. Mr. Sievers stated Chapter 19.04 which was repealed restricted mobile homes on streets, alleys, highways and other public places, or on private property. They've broken that ordinance restrictions up into the zoning code which restricts the uses on private land. This ordinance addresses public properties. The current language defining habitation is a vague term and he suggested defining habitation as occupation for four more hours between the hours of 7 am and 7 pm or a like time frame. As far as parking in the downtown area during the day, those vehicles will be subject to time restrictions. TAPE #991 city Council Reg. Mtg. Minutes February 5, 1992 Page 16 of 17 Public comment - none Mr. Waibel asked for clarification, if Mr. Sievers is recommending adding a definition? Mr. Sievers responded yes. Mr. Overson asked if the City intends to designate some spot downtown for over night parking and discussed over night boat parking. Mr. Sievers responded there are some plans to designate spots at the Pendergast Park. M/S/C/U(Waibel/Fitz) to approve Ordinance on first reading, with addition of definition of habitation. #0883 7E - ORDINANCE NO. 4358 (SECOND READING) AMENDING THE ~992 BUDGET /%ND AMENDING ORDINANCE NO. 4351m DELETING THE DIRECTOR OF MUNICIPAL COURT POSITION AND ADDS A COURT SERVICES MANAGER POSITION AND CORRECTS ORGANIZATION CHARTm ~AB92-023 The attached ordinance deletes the Director of Municipal Court position, adds a Court Services Manager position, and corrects the organization chart. Public comment - none M/S/C (Overson/Dawkins) to pass Ordinance #4358, on second reading, amending the 1992 Budget by adding a Court Services Manger position, correcting organizational charts and amending Ordinances Nos. 4351 and 4305, Section 1 (BMC 2.50.020(a). affirmative: Overson, Fitz, Horton, Dawkins opposed: Estes abstain: Waibel #0924 7F - ORDINANCE NO. 4359 (SECOND READING) VACATING MARINE DRIVE OFF-I~a_MP, ~AB92-024 Mr. Sievers asked Council to continue this item. As stated in the ordinance they need two instruments to be filed with the City Attorney's office, a temporary easement and quit claim deed. M/S/C/U(Waibel/Overson) to continue until such time as pertinent documents are received in the City Attorney's office. With no further business meeting adjourned at 7:35 p.m. to executive session. TAPE #991 City Council Reg. Mtg. Minutes February 5, 1992 Page 17 of 17 GILBERT W. JOHNS~D~ty City Clerk LYN~N HORTON, Council President City of Bremerton GWJ/LH/eh cc: Normal Distribution File/Vault