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HomeMy WebLinkAbout03/06/91TAPE #895 UNAPPROVE' DRAFT CITY COUNCIL MEETING MINUTES #0030 #0035 MARCH 6, 1991 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 6, 1991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Spencer Horning, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilman Hank Waibel was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Lynn Horton and the Invocation given by Councilman A1 Colvin. President Hotton announced Council would hold an Executive Session immediately following the Council meeting to discuss "collective bargaining and grievance strategy". CONSENT AGENDA A. Minutes Of Meeting - February 20, 1991, #AB91-047 M/S/C/U(Dawkins/Estes) to approve Consent Agenda as presented. CLAIMS/WET 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 has been made available to the council. M/S/C/U(Colvin/Collins) on March 6, 1991, the Council does approve for payment those vouchers included and further described as follows: 125349, 125351 through 125358, 125734 through 125868 in the total amount of $89,342.14 and Regular Payroll for the period ending February 28, 1991, in the amount of $350,382.39 COUNCIL MEMBER REPORTS Mr. Hornin~ reported he attend the Puget Sound Council Of Governments meeting this date. A summation of the Growth Management Symposium will be released soon and the theme from that event was "make growth liveable". He noted Bremerton will have to absorb its share of the 70,000 people moving into Kitsap County within the next ten years. Mr. Johnson thanked the African American Advisory Committee and Blacks In Government group, who recently sponsored the first "Community Unity Banquet", and commended them for a job well done. The attendance at this event was well over 300 and the program was smoothly staged and carried out for the enjoyment of all. Mr. Johnson announced that the Illahee property was in the final four TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 2 of 31 areas being considered for placement of the National Veterans Memorial Cemetery. A draft Environmental Impact Statement, which is the last formal document the public has an opportunity to comment on or explain why Kitsap County is the best site location, must be responded to no later than April 1. He encouraged anyone in the public, who was interested, to take this opportunity to give input on this proposal. Mr. Johnson complimented Olympic College for their recent use of the Bremerton Community Access Channel for a satellite program to do with excellence in teaching methods. This program was aired on Wednesday, February 27, just prior to televising the City Council meeting. He hoped to see more use being made of the Access Channel by the educational institutions in Bremerton. Lastly, he spent three days attending the National Conference "Bio-Cycle", held in Seattle, which looked at all the different ways to get rid of municipal solid waste through composting, recycling, etc. Mr. Colvin stated he also enjoyed the Community Unity Banquet and noted the lack of representation by the City Council at that event. He hoped the 2nd annual Community Unity Banquet would be even better attended than the 1st. He noted Spring clean up time was upon us and questioned if any formal plans were being made for cleaning up the City? He had received compliments from citizens regarding service being provided by City employees and he was pleased to pass that information on to Mayor Mentor and the employees of the City. Mr. Dawkins stated he appreciated watching the State Basketball Tournament games televised on the Bremerton Access Channel and it was a tough break for Bremerton High School losing their game in the State tournament by only two points. Mrs. Hotton attended the PSCOG- Subregional Council meeting this date. At that meeting, Richard Hayes, Executive Director of Kitsap Transit, announced they would be sponsoring an "Oil Smart Wednesday-March 27", that encouraged bus ridership by offering free fares and selling 1/2 priced bus passes. This event will provide a good opportunity for residents of Kitsap County to "try transit". Mr. Johnson noted the Chamber Of Commerce and other groups were working hard to improve ferry service to Kitsap County and were seeking input on developing a ferry service plan that best supports not only the commuter but everyone who uses ferries. Anyone wishing to give input may call the Bremerton Area Chamber Of Commerce at 479-3579 or Kitsap Transit. PUBLIC RECOGNITION Mayor Louis Mentor stated he was not able to attend the Community Unity Banquet, however, he did attend a "lipsing" contest at the Pavilion in the afternoon prior to evening event. He reminded everyone of the Kitsap Dixieland Jazz Festival scheduled for March TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 3 of 31 15, 16, and 17 at the Bayview Inn. Mayor Mentor read a Proclamation recognizing the contributions made by women in the United States Military from the earliest day of our republic, as well as in the Continental Army of the American Revolution, as nurses, spies and soldiers on the front lines. Approximately 35,000 women served during WWI, 400,000 in WWII, 50,000 during Korean War, 7,500 serving in Vietnam from 1962-1973; and 400,000 women serve their country today in active military, National Guard and Reserves. Mary Benikee, USN Hospital, accepted the Proclamation on behalf of all the women who served in the military, past and present. She thanked the City Council and Mayor Mentor for their support. Mary Lynch Commander, American Legion Post 149, thanked the Mayor and City Council on behalf of the women in the American Legion. Richard Chrisinger, Commander VFW Post 3694, representing Hazel Ferguson of Veterans Of Foreign Wars and all women who had served in military forces, joined in the acceptance of the Proclamation. Robert Sauter, Sgt. Major (Retired), thanked the Mayor and Council members for the Proclamation, which would be forwarded to Washington, D.C., to be hung in the Women's Of Military Service for American Memorial in Arlington, VA. Elena Argomanz, Kitsap Mental Health Services, announced their receiving a Washington State Housing Grant in the amount of $474,000. The purpose of the grant was to develop a pool of affordable housing for mentally ill citizens, who currently live in the community and who were facing the prospect of being homeless due to limited incomes and escalating rents. This funding will provide 10 homes to be distributed throughout the County, with six being located in the Bremerton area. Ms. Argomanz thanked the City Council for their support of the grant application. Also, through other sources of funding, they now have acquired the resources to purchase and renovate four other properties, that will also be spread throughout the County. She reported that effort was underway to resolve the financial issue that previously precluded locating any of the homes on Bainbridge Island and they look to being successful in providing such housing at that location. She emphasized that the cooperation and collaboration they experienced among city entities and County entities was critical to their success so far. The most recent collaboration between the County and City Housing Authorities resulted in the County Housing Authority to issue a low interest bond for the entire program. Robert Sauter presented a copy of the draft Environmental Impact Statement, relating to the Veterans Memorial Cemetery, to Councilman Russ Johnson. Mr. Sauter commended Kitsap Mental Health of Kitsap County, for their program for counseling families of the people in Desert Storm. He sat in on several of their sessions and TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 4 of 31 found them to be very gratifying and effective. Richard Chrisinger stated the Kitsap County Commissioners read a Proclamation concerning those servicemen and women who died in Operation Desert Shield and Desert Storm. The County Commissioners requested all flags be lowered to half staff for one week in honor of those who gave their lives protecting the rights to freedom for all. President Herton announced Item 7B (Ethics Ordinance) had been pulled off the Agenda for three weeks. 8A - PUBLIC HEARING - PRELIMINARY PLAT/SHORELINE PERMITS (9 LOTS) APPLICANT: RAYDELL ENT., LOCATION: 1555 SHOREWOOD DRIVE, #AB91-056 On January 15, 1991, the Planning Commission voted 6 to 0 to recommend approval of the Harbor Ridge Preliminary Plat. The application also requires approval of a Shoreline Substantial Development/Conditional Use Permit because a portion of the site is within 200 feet of the shoreline. Title 58, RCW Boundaries and Plats empowers the City Council to hold a public hearing in order to accept, reject or modify the Planning Commissions' recommendation. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Jack A11ingham, Current Planner, provided a view graph showing the location of the subject site on Shorewood Drive ( west side of Shore Drive adjacent to and north of Beach Drive). The request is to subdivide a 3.6 acre site into nine single-family lots. Access to the site is a proposed 32 ft., wide road approximately 450 feet in length. The application is divided into two parts, a preliminarily plat approval from the City Council and a Shorelines Substantial Development and Conditional Use Permit due to the site being located within 200 feet of the shoreline. During the preliminary plat stage, Council seeks to ask questions as to public interest of subdividing the property, whether or not provisions for roads, drainage, sewer/ water utilities are in place, whether or not it complies with all land use regulations (the Zoning Ordinance and Comprehensive Plan), and then determine from those if public interest would be served. Once the preliminary plat approval was given, the applicant then could go out and move soil, construct the roads and put in utilities. From the preliminary plat approval, after all utilities and roads are constructed, the City Council then gets a second look at the TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 5 of 31 project during the final plat process - determining if all the conditions of the preliminary plat approval had been met, whether or not construction was subject to the standards imposed at the preliminary stage. The Comprehensive Plan designation for the site is Residential 0-7 dwelling units per acre. The nine lots proposed would have a density of 2.5 dwelling units per acre. Therefore, the subdivision would be consistent with the Comprehensive Plan. The zoning designation for the site is Single-Family (SF3) with a minimum lot size of 4,800 sq. ft., and minimum lot width of 40 ft. The application does meet zoning requirements. Under public services, i.e, water/wastewater, power/telephone, Fire/Police, stormwater services are adequate and available to provide the subdivision. As a part of the subdivision, there is a 7,000 square foot common area proposed at the entrance (open space) of the site. The Planning Commission made a specific recommendation to identify that open space and designate it as a condition of the project. If that piece of property were not included in the plat, it could later be used as a buildable lot. Circulation/Trip Generation: approximately an average of 10 vehicle trip-end per dwelling unit will be generated per single-family residence. Nine single-family residences will generate a potential of 90 vehicle trip-end. There is a right-of-way issue where the applicant is proposing to construct a 32 ft. wide right-of-way and construct a cul-de-sac, however, he did not want to dedicate it but rather be kept as a private drive. The Zoning Ordinance allows a private street to serve four or fewer lots. The Planning Commission felt the right- of-way should be dedicated and developed according to City standards as a full street. They also understand that the City Engineer had the authority to review and approve just what those standards were. Under the Shorelines regulations, because the subject site was within 200 feet of the shoreline it has an urban residential shoreline environment. In this environment the utilities are allowed out right but construction of a road requires issuance of a Shoreline Conditional Use Permit. The Planning Commission reviewed the criteria for granting such a Shorelines Conditional Use Permit and determined the plat met those conditions. The Planning Commission determined the plat was consistent with the Comprehensive Plan, in compliance with zoning and shoreline relations and adequacy and availability of utilities and public TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 6 of 31 services. The Planning Commission recommended approval of the proposal with the following conditions: 1. Right-Of-Way: The applicant shall design, construct and dedicate a public right-of-way which meets the adopted City design standard for work within the right-of-way subject to review and approval of the City Engineer. These standards include but are not limited to a 50-foot wide right-of-way with paved lanes, curbs gutters and sidewalks. ' The entrance to the subdivision shall be landscaped with street trees. The applicant shall submit a landscape plan for review and approval of the Director Of Community Development. 2. Utilities: The applicant/developer shall design and construct underground utilities for water and sanitary sewer subject to the review and approval of the Bremerton Utilities Director. 3. Stormwater: The applicant/developer shall design and construct a stormwater detention facility for stormwater to be collected from the street prior to'discharge into the City's stormwater system on Shorewood Drive. The stormwater detention facility shall be subject to review and approval of the City Engineer. 4. Subdivision Design: The Final Plat shall be prepared by a licensed surveyor showing distances and bearings for lots and rights-of-way. 5. Fire: The aPplicant/developer shall provide fire hydrant(s) with street markers. The design and location shall be subject to the review and approval by the Bremerton Fire Marshal. Environmental: 1. Prior to making any improvements on the property, such as land clearing, grading or construction of utilities, a sediment and erosion control plan shall be approved by the City Engineer. The · facilities required by the plan shall be in operation prior to land clearing and or construction. The erosion control measures shall be maintained until construction is completed and the potential for on-site erosion is absent. All disturbed soils shall be re-seeded or replanted with ground cover and continually maintained to prevent erosion. Only trees and vegetation necessary to construct the access road, utilities and common area shall be removed. No "clear cutting" shall be permitted. Further clearing shall only be permitted during construction of those uses permitted by zoning. Open Space: 1. The common area shown on the plat shall be landscaped and TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 7 of 31 remain a tract available to all the residences of the subdivision for recreation. The common area shall not be transferred for residential development or other use. Mr. A11inghammade a slide presentation showing the location of the subject site and surrounding area. He pointed out the access road would exit across the street from the owners' residence (duplex). In some instances that might have been a problem, however, in this instance the garage would act as a barrier for headlights shinning into the residence. way Passmore, representing Raydell Ent., Inc., stated he would be available to answer any questions from the Council or members of the public. Public comment - none. Mr. Estes questioned what would protect the house, across from the exit, from being damaged due to a vehicle sliding into it during hazardous winter road conditions? Mr. Allin~hamnoted the owner of the subject site was the proponent of the application and may have considered that as a risk. However, the grade at the exit was not substantial and it would be doubtful that a prudent driver would have a problem in that area. Mr. Estes questioned the number of vehicle trips into the area and would it affect the neighborhood? Mr. Allingham stated according to the Institute of Transportation Engineers, approximately 9-12 vehicle trip-ins per dwelling unit would be generated daily. Mr. Dawkins questioned if seven dwellings per acre could be built on the subject site? Mr. Allingham stated the Comprehensive Plan designation was Residential 0-7 dwelling units per acre. However, the Comprehensive Plan was only a guide for making land use decisions and the actual SF(3) zoning allows up to 8 dwelling units per acre, so there is an inconsistency between the Comprehensive Plan and zoning. The lots, as proposed, far exceed the minimum lot size of 4,800 sq. ft. Mr. Dawkins questioned if the Planning Commission's decision was by a unanimous vote? Mr. Rilingham stated yes, they recommended approval of the proposal, including listed conditions. He pointed out the criteria for granting approval was not whether or not they felt it was a good development, but whether or not it was consistent with the Comprehensive Plan, that it complied with the land and shoreline regulations and that the publics' interest would be served. The Planning Commission felt the proposal would be a quality project if the listed conditions were fulfilled. Mr. Collins stated he felt this would be an excellent development, however, his only concern was to insure the cul-de-sac was dedicated to the City and not a private street. He based his TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 8 of 31 concern on the fact that it was a street that would serving seven residents and 20 years from now the street would need fixing and no one would want to take on the responsibility. If the street was dedicated to the City from the beginning, then the responsibility of maintenance would rest with the City. Mr. A11inghamreferenced Exhibit #5 in the Agenda Bill - article in the National Association Of Homebuilders' Journal, that discussed the pros and cons of the accuracy, size and whether or not right-of-ways should be dedicated. Basically, it supported in order to construct a dedicated right-of-way with curbs, gutters and sidewalks to the widths required in some municipalities, it added the cost to the lot and housing. Also, it stated'that excessively wide right-of- ways would encourage speeding and could detract from the residential character. In Bremerton the experience had been that we wished we had wider right-of-ways, so there needs to be some compromise in sizeable right-of-way necessary to serve nine lots as opposed to a right-of-way necessary to serve 100 lots. In this case, a 32 ft. wide right-of-way may be adequate to serve nine lots. The City does have adopted design standards for right-of-way and the Planning Commission recommended that it be designed to those standards, subject to the review and approval of the City Engineer. The City Engineer does have the authority to vary that right-of-way through a variance process. Mr. Collins stressed if the road was not dedicated wouldn't the City be treading on delicate ground? Mr. Allingham stated if it was not a dedicated road, then the City would not have the responsibility to maintain it. Mr. Collins questioned what about the people living on that road 20 years from now? Mr. A11inghamexplained the developer had submitted a Declaration Of Covenants and land Use Restrictions that provided for a Homeowners Association, spelling out each property owner's responsibility for the common areas. Mr. Collins pointed out the standards established by the City of Bremerton varies from 32-48 feet, depending upon the size of the development. He felt the Community as well as future citizens would be best served to adhere to the roadway as a City street. Mr. Allingham stated the Planning staff and Planning Commission recommended that as well. Mr. Passmore emphasized the Homeowners Association would be formed at the time the property was developed, that would include annual dues as a part of the Deed, to be used for maintaining the street. Their main reason for keeping the driveway area private was to make a secured area for nine homes, with a gate placement 100 feet back off the road and the entire property fenced. President Hotton stated she applauded the proposal and just because a street was owned by the City didn't mean that it would be kept in good condition (she cited her own street as an example). Mr. Passmore stated he had no problem dedicating 100 feet of the right- of-way, however they were concerned with the roadway starting at the gate and desired to have it owned and maintained by the property owners. Mr. Overson pointed out numerous condominium #1724 #1933 TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 9 of 31 projects in Bremerton and the fact that their roadways were private property. M/S/C(Overson/Collins) to adopt the Finding Of Facts and Conclusions of Law of the Planning Commission and hereby approve the Harbor Ridge Preliminary Plat and Shoreline Substantial Development/Conditional Use Permit subject to the conditions outlined in Exhibit I (as previously listed above); with the exception that the right-of-way be a private drive. Mr. Morning questioned if Council deleted Item #1 of Exhibit I, would that meet with Mr. Passmore's approval? Mr. Passmore stated yes. Mr. Allingham stated that would approve the plat as submitted. Mr. Johnson stated from his experience private streets do deteriorate and over time people may notice their street was not in as good condition as others and question why the City doesn't maintain their's better. He emphasized if the street was not dedicated to the City, the residents should not expect any services, such as sanding or snow plowing during winter conditions, no ditch cleaning, and no repairs made by the City. He did not support keeping the roadway as a private drive. M/S/F(Johnson/Dawkins) an amendment the original motion to require that the roadway be dedicated as a public City street. Mr. Colvin questioned if Council could impose provisions on the occupants if the street wasn't kept up that it would revert to the City? Ian Sievers, City Attorney, stated he supposed it would be possible to fashion those kinds of conditions. As Mr. Johnson stated, when private roads are built there are no standards for construction, so those would have to be developed. He felt it would be a complicated system of judging deterioration. Mr. Collins questioned how did the Fire truck get up this private road? Mr. Passmore stated it was the intent to have a key-guard gate and in that event the Police and Fire Departments would be furnished a key. He noted this arrangement was popular throughout the United States and they were not setting any precedents. He emphasized that the roadway would be developed according to City Engineer specifications. Mr. Horning stated he was not all that proud of some of the City's streets and this would be a lightly used access with a maintenance fund built into the home ownership. He emphasized the commitment by the homeowners was legal and binding and not easily forgotten. stated he wanted to see the street developed right. TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 10 of 31 Mr. Overson noted he felt the proposal was a good plan and wanted it to have the opportunity to work. Vote on amended motion: In Favor: Collins, Colvin, Johnson Opposed: Horning, Dawkins, Overson, Estes, Horton Motion failed. Vote on main motion: Unanimous. 7C - ORDINANCE (FIRST READING) ANERDING THE OFFICIAL ZONINGMAP FOR A 20-ACRE PARCEL WEST OF ALMIRA DRIVE AND SOUTH OF RIDDELL ROAD (REDICORP REZONE), #AB91-053 On February 27, 1991, the Bremerton City Council conducted a public hearing to consider written information, the Planning Commission's recommendation, and public testimony pertaining to a request by American Redicorp, Inc., for approval of a rezone of a 20- acre parcel at the intersection of Almira Drive and Riddell Road. The City Council's decision has been included in this ordinance, which now requires Council passage to finalize the rezone and Zoning Map Amendment. Mr. Houuh, Planning Manager, noted Section 3 of the ordinance contained the conditions Council applied to this rezone to bring back at the preliminary site plan for Council Public Hearing and approval and includes the seven specific areas of concern which the applicant will have to address during the preliminary site plan approval. He also noted the SEPA process was still open and the applicant was still required to provide information on storm runoff, transportation and traffic (bus traffic, bicycle circulation and pedestrian circulation) and the impact of the project on schools and parks. Mr. Hough noted the applicant, Mr. Hancock, was not able to be at this meeting due to a prior commitment. Mr. Hancock asked Mr. Hough to pass on to Council that he was working on arrangements with the traffic engineering and architectural firms to provide the information required. He also hoped to begin meetings with neighborhood residents within two weeks. Lastly, the recommendation is to approve the ordinance as presented. De1 Knauss, Olympic Avenue, stated after hearing the comments made by City Council members during the February 27 public hearing, he requested that the vote be rescinded and a new public hearing be held for the following reason: the decision to approve this rezone was based on economics (several statements during the Planning Commission public hearings and Council's public hearing were referenced). TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 11 of 31 John CannadV, 4413 Petersville Road, questioned Mr. Dawkins what he based his decision on at the time of the vote approving this fezone? Mr. Colvin questioned if there was any validity to Mr. Knauss's concern that the decision could not be based on economics? Mr. Sievers, City Attorney, stated unless it had to do with the City's proprietary financial interest, which is a different matter entirely, economics relating to the health and welfare of the community would be totally appropriate for zoning decisions. Mr. Colvinquestioned if an increase in density would also increase the City's tax base? Mr. Sievers stated it might have that effect, however, the City would not be owning the property to be used for City purposes at some later date. It would be more a revenue fixture that goes into City coffers to perform functions of the City generally. Revenues allow the City to operate and provide specific services for the benefit of the vitality of the community are appropriate for zoning. Mr. Co111ns requested Mr. Pratt explain the interpretation of the changing of land use or rezoning and the economic considerations. Don Pratt, Director Of Community Development, stated he would defer to Mr. Sievers any legal questions Council might have. Secondly, he had consistently told Council that the economic basis he was referring to was the economic basis of a specific piece of property and what the value of that property would be to an owner or potential owners of the property. He agreed that the economic well being of the community was a valid issue, but he did not agree whether more or less profit could be made according to density - that was not a valid issue for rezone. Mr. Sievers, stated he agreed with Mr. Pratt's statement. Many times zoning actions were taken because the financial predicament of an owner were based on special circumstances of an owner and that cannot be taken into affect. Mr. Johnson stated obviously the tax base would increase and high density type developments had lots of costs associated with them. If he had made a decision based on that, his vote would have been no. However, from his experience in dealing with high density developments, the costs of providing public safety, maintaining, etc., is probably a break even to a slight loss as far as overall revenue. He revealed the real reason he supported the proposal was that Bremerton needed housing and particularly in the mid- income bracket. His only concern was that the developer would not develop the property. He questioned if all the conditions imposed would have an affect on the density of the project? Mr. Sievers stated he believed that was what the Planning Department pointed out during the public hearing. If Council maintained some strings to rezones in the form of a binding site plan approval, some of those setbacks, which exceed the normal setbacks and open space requires TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 12 of 31 of the Zoning Code, could force a lower density. Mr. Johnson questioned the Council's right to place such conditions, i.e., height, setbacks, open spaces, wet lands, etc., that affected density of a project? Mr. Sievers confirmed Council's rights. Mr- Johnson questioned if the highest density allowed could be developed on the? And, he noted he would be voting on the liveability of the surrounding neighborhoods based on the best layout and utilization of the site. Mr. Homing noted during the Subregional Council meeting this date discussion centered on the Growth Symposium and in particular the proposed project was referenced. And, at that time it was noted Bremerton was willing to step forward to do good development that did increase densities but there was concern for the people in the surrounding neighborhoods. He acknowledged it was difficult for the neighbors to see the benefit of such a project, however, Council had stipulated conditions that would bring about good development. One of the big concerns that would help the neighbors was Council's concern for streets and sidewalks abutting the site. This development, if built correctly, would make for a very plus to their community and to greater Bremerton. Referring to Mr. Knauss's comment, economics are always discussed and a developer could plead that economics were critical, however, economics do play a part if the City wants good development. SHB2929 and Vision 2020 addresses specific actions cities/counties must do and if the City is going to insist on good development then the public must understand that SHB2929 says "you will have densities". Mr. Estes stated one always hears about "rights"...he questioned what about the neighborhoods' rights? His interpretation on this issue was that the residents of the neighborhood were being neglected and not enough consideration given to their views. Mr. Overson pointed out the Council had certain responsibilities and this was one of them. He referenced another time when a tough decision had to be made by the Council, that being to build a secondary treatment sewer plant; and had they gone with the anger of the citizens they would not have approved it. He emphasized Council could not vote based on the threats of constituents, but to base that decision on the facts. Mr. Dawkins questioned how many units could be built if the property was left at SF? Mr. Hough stated it would depend how it was developed, SF-3 allows one unit per 4,800 sq. ft., approximately 7 units per acre. Mr. Dawkins noted if that were the case, then 140 single family homes could be built on the site. He felt it would be better to have clusters of buildings with trees landscaping than to clear all the land bare and put in signal family homes. Mr. Johnson questioned what type of quality home could be built on that size lot? Mr. Dawkins noted the type of #3533 #3616 TAPE #896 TAPE #895 City Council Reg. Mtg. Minutes March 6, 1991 Page 13 of 31 homes would probably be approximately 2,000 sq. ft. President Horton reviewed the background of public involvement in putting together Vision 2020 and through that process the public said what they wanted...open space retained, urban areas to be more densified, stop sprawl, recognizing the fact that it would make some hard decision of the elected officials. Growth will bring change to a community. Through Vision 2020 and SHB292 a vision has been created and now it is up to the respective communities to make sure it happened. In order for this vision to happen in Bremerton, it must be of quality and that was why Council requested preliminary site approval of this project. Mr. Johnson pointed out the one thing the County has to do is to stop sprawl, however, the City can not be effective running up to the County and telling them to stop sprawl when the City had not done its part in providing higher densities. Mr. Colvin stated he did not believe higher density was synonymous with better. He noted he did support the Planning Commission's position, however, he could not support Council's action on this issue. M/S/C(Overson/Horning) to approve Ordinance, on first reading, amending the Official Zoning Map of the City of Bremerton from "SF- 3" to "MF" on a 20 acre parcel southwest of the intersection of Almira Drive and Riddell Road. Mr. Johnson requested that Council be informed if in fact the developer did meet with the residents of the neighborhood prior to submittal of the preliminary site plan, if he considered their input in the plan and if not then the citizens needed to bring such items to the Council during the next public hearing. M/S/F(Collins/Johnson) amendment to the motion to add the density to the criteria, making it #8. Mr. Homing stated he did not see now Council could make this work as proposed by Mr. Collins' amended motion. Mr. Sievers stated it may be more an economic matter in that the developer may not want to design a lot of studio apartments that would not be marketable, so as a practical matter he felt the developer needed some assurance that planning for a site plan would be worthwhile and that he would not revert back to the current density. Mr. Sievers stated it was not appropriate to be modifying the decision that was made during the last public hearing. If Council was modifying the substance of the decision rather than simply approving the ordinance as an implementing instrument, maybe the public hearing should be reopened. Mr. Homing stated he did not support such action as it would be unfair to the applicant who was not present during this meeting. Mr. Johnson stated if everyone says Council TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 14 of 31 had density control, couldn't a density be set? Mr. Homing stated the control was through the preliminary site plan - the developer could not exceed MF zoning and could build at a lower density. Council could require him to go lower depending on what he proposed in the site plan. President Hotton stated it was a given considering the requirements for open space, transit turn outs, walkways, setbacks, trash facilities, and access onto neighboring streets. And, Council would be controlling density by what was being required in the site plan. Mr. Slevers stated it would at least give the developer the advantage to design something for the density allowed under MF. If Council imposes excessive conditions, the developer could question his given rights and challenge whether or not Council was being reasonable. As a practical matter, Council's conditions may seem reasonable. President Hotton noted if the site plan came back with 22-units per acre and everything requested by Council was included, she did not believe Council would take back their commitment of the MF zone. She raised the question: "if Council approved the motion stated what would that do to the course of action taken during the last public hearing?" Mr. Sievers stated the one thing the developer received through previous Council action was the MF zoning allowing a high density and he could go ahead and design something with that density in mind and not have it taken back on the pretext of open space. Mr. Johnson suggested adding the wording "which could affect density". Mr. Sievers stated it would be almost the same as saying he would get the old density but we'll give you more if you come back with a site plan we like. Mr. Colvin questioned if Council approved MF density and that the conditions were not placed on the density? Mr. Pratt stated yes, Council did approve MF density and the conditions were placed on the site design not density. If Council attached density to this as a condition, then there would be no reason to have zoning. The zoning was multi-family based on use and up to a certain density. If the density factor was taken out, then the zoning issue would be removed. Mr. Overson questioned if the motion on the floor was a legal motion? Mr. Sievers stated the City's charter says that a public hearing must be held for both readings of an ordinance, which was not true in all cities. Public input must be allowed and that could affect Council's decision if it is on the merit of the decision itself. In the past, a public hearing was held and may coincide with first reading. On the subsequent Charter hearings on ordinances, he believed it was the City's practice to make sure only the ordinance was accurate and implemented the decision and that a rehearing on this issue should be set if a reconsideration of the merits of that decision is desired so that all parties affected could be present. Mr. Overson asked for clarification if this motion was not legal? Mr. Sievers stated he believed the TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 15 of 31 motion would change the decision from the previous action and he was not sure if this hearing received the same kind of notice as the last hearing. If a decision is to be changed, he believed the full notification process used during the past hearing was warranted. Mr. Johnson questioned if Council could change the density when a site plan was brought back for approval. Mr. Slevers stated yes, Council had given itself some powers that might affect density that would still be supportable. Often times there are administrative decisions through SEPA for multi-residential projects that may affect density simply because environmental issues on the site may be such that conditions have to be met...not allowing the developer to use the full density of the zone. As a practical matter, people should understand that some legitimate conditions may affect maximum density on the site. President Horton pointed out that was stated during discussions at the last public hearing. Mr. Hough stated there were lots of things in the Zoning ordinance that would affect this development outlining standards and lot size, the density just being one part. There are parking requirements, setbacks, landscaping, open space, etc., which are in the Zoning Ordinance and must be included in the design. At the same time, the seven conditions included in the ordinance are issues that have to be considered and addressed in the site plan. Mr. Colvin questioned how many parking spaces per unit would be required? Mr. Hough stated that was not known yet and depended on the design of the buildings. There are different standards for different size units - 1-2 bedroom units require 11/2 parking spaces, 3-bedroom unit would require 1.75 parking spaces. Mr. Colvin felt this was inadequate and cited the problems residents were experiencing on Fir Avenue. Mr. Hough stated when the Zoning Code was adopted it was felt to be adequate. Mr. Collins stated Council did not approve a MF zone but approved the drafting of an ordinance. Mr. Sievers stated no, Council approved the rezone. Vote on amendment: Motion failed. In Favor: Dawkins, Johnson, Collins Opposed: Overson, Estes, Horning, Horton Abstain: Colvin Vote on main motion: In Favor: Johnson, Overson, Horning, Dawkins, Horton Opposed: Colvin, Estes, Collins Motion carried. 6A - AGREEMENT FOR USE OF OPTI-COM SIGNALIZATION WITH KITSAP TRANSIT, ~AB91-048 Kitsap Transit has agreed to provide matching funding with the City TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 16 of 31 of Bremerton to upgrade signalization at major intersections to OPTI-COM. This agreement will allow Kitsap Transit non-emergency use of these OPTI-COM intersections for a period of 10 years. Mick McKinley, Deputy Fire Chief, reviewed changes in the contract that included: under Item #2, Kitsap Transit will pay the City 75% of the cost; Item #8 - the life of this agreement would be 10 years rather than 5 years as previously stated. John Clauson, Service Development Manger for Kitsap Transit, stated he would stand by for any questions they might have regarding this issue. Mr. Hornlng stated this item had been reviewed over quite a period of time and he supported the proposal from the start and felt having Kitsap Transit involved was very beneficial to the City. #0733 M/S/C/U(Horning/Colvin) to approve agreement for use of OPTI-COM signalization with Kitsap Transit. 6B - CABLE ACCES8ADVI8ORY COMMITTEE - REAPPOINTMENTOF ED BACHMANN AND LORRAINE INABINETT, #AB91-049 Two members of the Cable Access Advisory Committee have terms that have expired or will expire shortly: Ed Bachmann, expired 5/90, Lorraine Inabinett, expires 5/91. Both members would like to be reappointed and both are excellent committee members. Kathleen McCluskey, City Clerk, stated as a member of this Committee, she noted both of these individuals were extremely active members and very knowledgeable of the many aspects of community access cable televising. She stressed there was a lot more planning over the next five years and felt both of these individuals would be an asset to the City. Ms. McCluskey pointed out that Mr. Bachmann served as a member representing education and Ms. Inabinlett served as a representative of the general public. Public comment - none. Mr. Johnson stated Bremerton Community Access television had come a long way in a short period of time and two major reasons that was a fact was the contributions of Ed and Lorraine. He strongly urged the reappointment of both of these Committee members. Mr. Johnson pointed out neither of them were Bremerton residents, however, the Community Access Television Ordinance was amended to allow out-of- City committee members because of the expertise required for some positions. #0817 M/S/C/U(Johnson/Horning) to reappoint Ed Bachmann retroactively to 5/90 for a three year period to 5/93; and to reappoint Lorraine Inabinett for the period 5/91 to 5/94. TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 17 of 31 Mr. Colvin stated Mr. Johnson also deserved to be commended for his support and involvement in the Community Access Television program. 6C - AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC., FOR THE BREMERTON-GORST CONNECTOR PROJECT, #AB91- 050 The Washington State Department Of Transportation has requested that the City assess the feasibility of transitioning a State Highway into/through Gorst and transitioning highway traffic north and south through the Loxie Egans Interchange area as part of the Bremerton-Gorst Connector Project. This amendment will allow the City's consultant to perform this work. Jan Stemkoski, Assistant City Engineer, stated the Department Of -Transportation (DOT) requested that the City take a more in- depth look at the interface of the Gorst-Bremerton project with Highway #3 at Loxie Egan Interchange and Highways #3 and #16 at Gorst. They wanted a more detailed study to see what the benefits would be of making the route a State Highway. The additional study would also provide a completed Environmental Impact Statement (EIS), that would be beneficial at the time the State wanted to begin construction of either one of the interchanges at those two locations. The State felt it would be better coordinated if the City did the additional study as a part of its project rather than they undertake the task and coordinate it with the City's work plan. Funding for this study would be covered 100% by the State. Public comment - none. Mr. Dawklns reported this item had been reviewed by the Council Operations Committee. Mr. Johnson questioned if the City had anything in writing that stated 100% of the cost for such a study would be funded by the State; and could the City increase the dollar amount of the contract? Mr. Stemkoski stated at this point the City had a letter from Art Smelser, District Administrator, that tied into the $365,000 for this portion and in addition $430,000 funded by DOT for the City's portion of the project. And, the City cannot charge more money for the work designated. Mr. Estes questioned if this study would indicate where the road would be located? Mr. 8temkoski stated this particular work, that is requested through the amendment, only applied to those two locations...(1) in Gorst where the City's route would tie into Gorst;and (2) where the City's route would into Loxie Egan Interchange. The actual route cannot be identified until the EIS was completed and all alternatives were reviewed. Mr. Overson questioned by approving the amendment would it extend #0920 #1042 TAPE #896 City Council Meg. Mtg. Minutes March 6, 1991 Page 18 of 31 the contract of Phase I to 25 months and how much would the change amount to? Mr. Stemkoski stated the original contract was for 20 months and the amendment would add five months. M/S/C/U(Dawkins/Collins) to authorize the Mayor to execute the contract amendment to Contract #3240 with Parametrix, Inc. 6D - I~MENDMENT TO THE L~BOR ~GREEMENT BY ~ BETWEEN THE CITY OF BREMERTON ~ TE~STERS' LOCAL 589, #AB91-042 Positions added to 1991 Budget through Council budget actions: Several new classifications have been added to the classification plan through the Civil Service Office. Wage Grades need to be established for the new classifications. The City and the Union have met and agreed upon the Wage Grade placements for each of the new positions, as set forth in the Amendment. The 1991 Budget, as adopted by the City Council, includes position allocations for all of the new positions in the appropriate departments. Caroline Marshall, Director Of Personnel, stated this was formal action to amend the agreement to include the new positions and classifications that were added during the budget process. Public comment - none. Mr. Johnson questioned what a Wage Grade 16 earned? Ms. Marshall stated that would be the classification for a Civil Engineer. Mr. Johnson questioned if the salary would be less than that for Information Services Manager? Ms. Marshall stated yes. M/S/C/U(Johnson/Colvin) to amend the Labor Agreement between the City and Teamsters' Local 589 to add new classifications to the Wage Grades contained in Appendix A as set forth in the Amendment to the Agreement. And, to acknowledge receipt of the Letter Of Understanding regarding the inclusion/exclusion of the position of Payroll Specialist in the bargaining unit covered by the agreement. 7~ - ORDINI~NCE (FIRST RE~DING) idaENDING THE I~d~AGEMENT ~ PROFESSIONAL STAFF COMPENSATION PROG1U~H, #AB91-045 A new classification of Water Quality Manager has been added to the Management and Professional Staff group and needs to be included in the listing contained in 2.50,020(a) Applicability. Caroline Marshall, Director of Personnel, stated this was a formality to implement action taken during the budget process, i.e., adding the Water Quality Manager. This position needed to be added to the Ordinance so that it would have the same benefits as the rest of the managers and professional staff. TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 19 of 31 Public comment - none. #1107 Mr. Overson pointed out that action taken at this time would not implement the salary level for this position. M/S/C/U(Johnson/Colvin) to approve Ordinance, on first reading, amending Chapter 2.50.020 (a) Applicability to add to the listing contained under the heading ,,MANAGEMENTAND PROFESSIONAL STAFF" the title "Water Quality Manager", and requesting that staff submit the change to Appendix A of the budget by a Budget Change Request form through the Fiscal and Budget Committee. 7D - ORDINANCE (FIRST READING) REVISING TITLE 15 OF THE CITY OF BREMERTON MUNICIPAL CODE, #AB91-054 The Utility, in order to maintain compliance with recently enacted Federal and State regulations regarding the management and operation of municipal utilities and in response to the City Council's Statement Of Legislative Intent, has updated Title 15 of the Bremerton Municipal Code. The revisions include new sections in response to the Federal Safe Driving Water Act Amendments and to the Federal Clear Water Act which provides for the delivery of safe drinking water supplies to the community and the treatment and discharge of wastewater. The revisions also include a new program for the management of stormwater. Additionally, the Code has been reformatted into various sections to include but not limited to Administrative, Water, Wastewater, Storm and Utility Billing in order to allow for increased flexibility and understanding of the Code. Drafts of Title 15 have been distributed to Council members and to City staff. Two Council Study Session were held to solicit comments with respect to the revisions. The revisions together with comments have been reviewed and incorporated into the Code by the City Attorney. Bill Duffy, Utilities Director, stated this was a long awaited revision to the Utility Ordinances. The ordinance had been reformatted and changes made to meet increased regulations, legal requirements, Council Statements Of Legislative Intent (SLI's), and compatibility with other ordinances. He also eliminated some of the more burdensome information and actually gone to a rule making process - most of the changes involve facility construction standards and he is developing a Construction Facilities Manual. The first section of the Ordinance deals with General Provisions of · APE #896 , City Council Reg. Mtg. Minutes March 6, 1991 Page 20 of 31 the Utility together with definitions and then is broken into three areas: Water, Wastewater and Stormwater. There is a section on assessment rates, charges and Utility Billing System and an appeals process. Mr. Dully reviewed the following changes: 1. Section 3 - established a Stormwater Operating Fund (note: Section 3 deals with the revenue section of City government). 2. Section 2 - the section relating to "Wastewater Utility only" was deleted and created a "Municipal Utility" section -provides for the purpose of the department and indicates the various programs that department undertakes to provide water, wastewater and stormwater. There is a section for administration of the Utility, which provides for appointment of a director, and establishes the authority of the Utility. 3. I. General Provisions - provides for definitions. 4. 15.01.070 Developer System Improvement - Agreements - this is a new section and would provide for a standard policy and procedure for negotiating system improvements. 5. 15.01.080 Developer System Improvements - Reimbursement -this would provide for codification of a procedure wherein development improvements that benefitted not only the developer but the City as a whole could be reimbursed for some of the excess costs. 6. 15.02.020 Comprehensive Plan - this is required by State Law and is being included in the ordinance. 7. 15.02.040 Service Beyond City Limits - contains three new sections that deal with service beyond the developed City limits. 8.. III Wastewater...15.03.020 Comprehensive Plan - included in ordinance per State law requirement. 9. IV Stormwater - this is a new section, although somewhat abbreviated, providing for creation of a Stormwater Program in the City. The following sections are outlined as follows: Purpose, Comprehensive Plan, Service Availability, Service Connections, On- Site(Private) Improvements, Sampling Stations, Abatement Of Nonconforming, Unauthorized Or Unsafe Conditions, Stormwater System Maintenance, Interruption Of Service, Changed Site Conditions, Prohibited Acts. (As previously noted this section was somewhat abbreviated and the City was still waiting on the new ordinances coming out from the Department Of Ecology.) 10. V 15.05 Reserved For Future Programs TAPE #896 City Council Meg. Mtg. Minutes March 6, 1991 Page 21 of 31 11. VI Assessments, Rates Fees And Charges - under Section 15.06,020, for water utility service, the assessments deal with an equity fee upon footage fee and connection fee. In the past there was a flat rate for wastewater service connections. As far as connection for stormwater, the City had not been recovering costs. In the Wastewater and Stormwater sections, a mechanism was provided where the City would recover some of the assessment fees. Through this section they have tried to provide some consistency from utility program to another. 12.15.06.050 Rates - Stormwater - this is a new section. Section "a" did set a rate, Section "b" provided an adjustment for those property owners who had participated in either retention or detention or stormwater quality program. 13. 15.06,060 - Miscellaneous Fees and Charges - Section (a) provides for the automatic check handing system. The credit was raised from 25 cents to $1.00 per bill for those people who choose to use it. Under Section (f) Cross-Connection Control Inspections - the City is required by law to insure that all cross connection controls devices that had been installed between the public water system and private water systems be checked on a regular basis. Most of the devices are installed by private parties. 14. "VII Utility Billing Section 15.07,050 Billing And Duplicate Billings is a new section. The intent is to bill property owners and then provide a mechanism to send a duplicate bill to tenants or residents. The department was experiencing considerable cost in dealing with tenants and inability to collect fees. Last year they processed over 6,000 account changes. Under Section 15.07,070 Designated Agents - this provides a mechanism whereby someone could designate an agent or someone other than the owner to receive billings. Under Section 15.07.100 Deferred Payment - the current ordinance has a section relating to this issue, however, there are conflicts with State law and this new section was developed to replace the previous one. Public comment - none. Mr. Overson commended Mr. Duffy on his providing an excellent document and noted he found only one comma missing before the "if" (on page 58) under section 15.06.060 (g), because it sets out and identifies if the customer requests an inspection. he questioned if Mr. Duffy had an implementation plan for the Stormwater Section? Mr. Dully stated yes, due to its being a monumental ordinance, it would take time to make some changes and a priority list was developed that did involve. other departments, such as Information TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 22 of 31 Services. He noted the Stormwater portion would be the most difficult and some of the Water and Wastewater sections would be fairly easy to change. Mr. Overson pointed out the ordinance approval process was relatively short in time and questioned if his implementation plan would be ready by second reading of the ordinance? Mr. Dully stated he did have an implementation plan, however, implementation of the Stormwater Section would take between 90-120 days. Mr. Overson noted one of the biggest impacts would be the billing of property owners as opposed to tenants, he was not sure the double billing plan would resolve that and he questioned how that would be implemented? And, he was not even sure that was the best method. Mr. Dully stated currently they were sending two billings, one to the tenant and one to the owner in case of delinquent accounts, but many times a landlord would put the account in the tenants name. What was being proposed was to bill the landlord directly but a duplicate billing provided for a $1.00 fee to the resident. Mr. Overson questioned if any consideration had been given to 12 billings per year? Mr. Duffy stated that process would be expensive. Mr. Overson noted even if it did cost more, he felt it was easier on the customer, especially those who were on fixed incomes. Mr. Duffy pointed out the next item on the Agenda relating to utility rates included a rate structure to give some relief for people on fixed incomes/low incomes/disabled. President Hotton questioned if any action had taken place on two bills pending in the State Legislature, one taking about the 150% rate for out-of-city customers and the other relating to billing owners? Kathleen McCluskey, City Clerk, stated as of this date they were both still alive with some modifications. Mr. Johnson thanked Mr. Duffy for providing a well written document and for included Chapter V (blank) to be used for other issues that would be coming up to address solid waste, cable Television, etc. #1811 M/S/C/U(Johnson/Colvin) to approve Ordinance, on first reading, updating Title 15 of the City of Bremerton Municipal Code; which will become effective 10 days after passage and posting; and authorize the Mayor to implement the revisions to the code, subject to City Administrative Polices and Procedures, as amended. Mr. Colvin questioned on the ACH Program would it be possible to set up a budget process, similar to the Power Company program? Mr. DuffV stated no, not at this time. They have looked into such a program as well as the possibility of bar coding utility bills. Mr. Colvin noted he also felt Mr. Duffy did and excellent job putting the document together. Mr. Estes questioned under Section 2.16.020 Administration if the wording as underlined: .... "Utilities Director who shall be TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 23 of 31 appointed and removed from office by the Mayor; appointment and removal shall be subject to City Council confirmation" was in violation of the Charter and was he correct in that the City Attorney was the only employee who shared Mayor/Council appointment and removal? Mr. Sievers, City Attorney, stated Mr. Estes was correct. the Charter was explicit on his positions because the City Attorney served two clients. He was not sure if under the Charter it addressed either the confirmation or removal of the Utility Department head. There is another ordinance under Personnel that mentions Administrative heads and does list the Utility Director subject to Council confirmation on appointment. Mr. Estes stated he could not support this proposal as written because it violated the City Charter. Mr. Sievers stated he did not believe this would violate the City Charter, however, it was contrary to the other Personnel Ordinance. President Hotton questioned if the City Charter exclusively said that City Council could not confirm removal? Mr. Sievers stated no, it mentions only confirmation on a couple of department heads and the Utility Department head was not even mentioned. Mr. Duffy stated the Charter provides for a Water Superintendent of the Water Department. President Hotton questioned if the underlined wording outlined by Mr. Estes, remained in the ordinance, would it be in violation of the Charter? Mr. Sievers stated since the Council had powers of confirmation on appointment and the Council by legislative action through this ordinance set up personnel procedures, policies and ordinances for the selection of any employees and that personnel system may include confirmation on appointment as well as termination. Therefore, he believed Council had an open power if they adopted it by ordinance. Unless it was somehow inherent in separation of powers between Administrative and Legislative branch he did not see it as a problem. He pointed out Council had given itself the power to confirm a number of department head positions, through the Personnel Ordinance, that were not included in the Charter. He concurred with Mr. Estes that this pointed out a conflict with current policy on conformation for removal of a department head. Mr. Estes stated it was his understanding the Utilities Director could be removed from office tomorrow and Council would have no recourse? Mr. Sievers stated yes. President Hotton pointed out if the City Charter stated the City Council would have confirmation of removal of only the City Attorney then Council would be in violation of the Charter. Without that only City Attorney, then this ordinance could stand as it was presented. Mr. Sievers stated that was correct, and there was a case discussing conflicts of a general Personnel Ordinance with Seattle City Charter, but they found that personnel system had by ordinance not to be in conflict. President Horton requested Mr. Sievere to review this issue prior to the second reading of the ordinance. Mr. Homing questioned if Council passed this ordinance at this time would that mean a Stormwater Utility was set up? Mr. Duffy TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 24 of 31 stated Council would be setting up a Stormwater Utility without a rate structure. Mr. Homing stated he was not in favor of doing that in this context and felt the Stormwater Utility portion should be addressed separately and during a public hearing. He did not believe the general public understood all that was included in the ordinance proposed and stressed the importance of their having an opportunity for input prior to passage. Under Section 15.07.050 Billing And Duplicate Billing, he questioned if the requested duplicate billing would have the wording "duplicate" stamped on it? Mr. Dully stated yes. Mr. Homing stated he preferred some refinement on this section - hebelieved the billing should remain in the tenants name so that they would be responsible. He understands that the landowner is subject to a lien against the property subject to unpaid water bills. He stressed that to change this as the ordinance proposes would make it very difficult for a large number of people. He suggested leaving the first billing sent in the name of the tenant and he understood the need for a charge to provide a duplicate of that billing sent to the property owner, because he would be ultimately responsible. Mr. Duffy stated he understood Mr. Horning's concern, however, there had been some problems with tenant/landlord relations and they did have approximately 6,000 changes in the past year. President Hotton questioned when a tenant leaves without paying their bill did the Utility tack on all costs administratively incurred when billing the landowner? Mr. Dully stated within the limits of the current ordinance yes, but they are still left holding a lot of "bad paper". President Horton questioned how many dollars did the City lose because of that? Mr. Dully stated approximately one year ago there was over $1,000,000 in unpaid bills. Mr. Overson questioned if it was legal for the City to follow suit of other utilities and charge a deposit upon opening an account, such as a $50.00 deposit if they leave without paying final bill? Mr. Duff~ stated the City already charged a deposit and noted there was an accounting problem if deposits were collected due to the requirement to pay interest on the funds collected. Mr. Colvin stated he felt Mr. Sievers was trying to change the Charter by ordinance. President Hotton explained what was being done was to put in the ordinance what the Charter didn't say and Mr. Sievers would check into the legality prior to second reading of the ordinance. If it was found to be in violation, then that portion could be removed from the ordinance prior to passing. Mr. Mr. Collins questioned why was Utility Billing built into this and questioned why wouldn't it be more appropriate for the Treasurer to collect the funds? Mr. Duffv explained changes were made to Section 2 and 3 of the ordinance and the Treasurer is responsible for funds collected. The Utility does the billing and the Treasurer collects the funds, except in the instances where someone makes an adjustment on their bill, signs up for services, etc. Mr. #2736 TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 25 of 31 Collins questioned under the Appeals Section, third paragraph, who from the Utility would respond? Mr. Dully stated either the Director or his designee. The particular person to respond may depend on the area of concern. Mr. Collins suggested including wording that spelled out that more clearly. He questioned who would respond to a person who felt they had been over billed? Mr. Dully stated they would come to the Utility Office and if it was determined to be a computer error, it would be corrected immediately. If that individual thought he had paid too much or that his bill was too high, they would work with him to determine if there was a leak. If a satisfactory resolution was not accomplished, then the appeals process would come into effect. Mr. Duffy noted ultimately he was the responsible person within the department and he would assign appropriate staff to work with the citizen. M:. Collins questioned how would the citizen know that there was a process to use for problems relating to billing? Mr. Duff~ handed out samples of the water billing forms, which included information for the public as to who they should contact if they had any questions regarding billings and that information is also included in the Telephone Book. Mr. Homing stated he would not support this proposal as presented and suggested setting up a public hearing to give the public the opportunity to give input. M/S/F(Horning/Colvin) an amendment to the motion to remove the Stormwater Section from the Ordinance and set a date for a future public hearing to discuss the setting up of the Stormwater Utility and the rates thereof. Mr. Johnson stressed the fact that Council had been discussion the issue of stormwater separation for over a year and had no other alternative. He was not resistive to delaying the second reading until a public hearing could be scheduled, however, he personally felt Council should act on the ordinance now. Mr. Homing stated this Council had always stood up for the public's right for input and strongly supported providing an opportunity for such input. Vote on amendment: Motion failed. In Favor: Collins, Dawkins, Colvin, Horning Opposed: Johnson, Overson, Estes, Horton Mr. Homing stated he was sure Mr. Duffy had misunderstood when he stated that the City had lost in excess of $100,000 through bad billings. If the City were to have lost anything he would be surprised, a bad check maybe. The point here is if you bill a tenant for water and they don't pay the City had the right to: (a) TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 26 of 31 place a lien against the property; (b) to not turn the water back on until that bill was paid. He hoped there was $100,000 worth of accounts out that did not have water service. #2934 #3027 M/S/C(Horning/Overson) an amendment to the motion to allow for the original set up of an account in whatever name the owner chooses. If the owner chooses having someone else receive a duplicate bill, i.e., himself then he would have to pay an appropriate fee to recover costs of such service. If the name is changed on either the primary biller or the duplicate biller an additional $1.00 is charged. M/(Johnson ) an amendment to the amendment to say that in order to implement that proposal that all landlords would be required to put up separate service connections for each unit. Motion died for lack of second. Mr. Johnson stressed that landlords were in the practice of keeping track of tenants, not the City and he did not feel City residents should be subsidizing them. Mr. Horning stated he was not asking the City to do anything more than what they were already doing now and he was suggesting they charge for it. TAPE #897 President Hotton again brought up the issue whether or not the City collected all its administrative costs for collecting past due bills? Mr. Dully stated that was what he was looking at under the next agenda item. He pointed out Bremerton had a 50% transient population and much time was spent just handling paper. Mr. Horning pointed out under his proposal a charge would be levied for such service. Mr. Overson stressed that the amendment motion was hopefully to bill the party who was using the water and it provided for the needs of the City to recoup the cost of doing City business, i.e., collecting from its utility users. Mr. Dully stated the question was whether or not the City was willing to provide a billing service on behalf of landlords in Bremerton. Mr. Horning stated he proposed to charge for such service. The City is in the business of servicing the public and if the public is willing to pay for such service then it should be done. Mr. Homing suggested changing the wording in the amending motion to reflect an "appropriate fee to cover costs of such service", and Mr. Overson, as the second on the motion, concurred. Vote on amended motion: In Favor: Dawkins, Colvin, Estes, Overson, Collins, Horning TAPE #896 City Council Reg. Mtg. Minutes March 6, 1991 Page 27 of 31 Opposed: Johnson, Horton Motion carried. Vote on main motion as amended - unanimous. 7E - RESOLUTION #2338, ESTABLISHING FEES, I~TES AND CHARGES FOR UTILITY SERVICES, #AB91-055 The Utility, pursuant to the revised Title 15 of the Bremerton Municipal Code, has a requirement to establish fees, rates and charges for utility services. Attached for Council's consideration is a resolution establishing said fees, rates and charges. The resolution provides for an 8% increase in water rates and a 4% increase in wastewater rates, revises the assessment rates for connection to the Wastewater System and further provides for a fee and rate structure for a stormwater utility. Bill Duffv, Utilities Director, reviewed the proposed Resolution and made the following comments: Water Assessments/General Facility Fee - no change. Front Footage - no change. Connection Fee - no change of 3/4" and 1". Currently the 11/2" and 2" meters are being charged on time and material basis. He would now like to place a flat rate on that portion. Asphalt and Restoration costs - a fee is assessed when a street has to be torn up as part of the project. If a street is not disturbed then the money collected is remitted back. Rates - Retail Water Service Rates - there is an 8% rate increase on the Commodity Charge only. Currently the City is charging $0.69/H.C.F., and moving it up to $0.75/H.C.F. Mr. Duffy noted there had not been a rate increase in the Water Utility since June 1983. He provided a Rate Comparison Chart to Council showing water costs of other areas of Kitsap County. The average customer uses about 1500 ft., and currently costing $13.85 -the new rate proposed would be $14.75. Other areas are charging as follows: Silverdale is currently charging $14.10, Port Orchard $19.70, North Perry $23.75, Annapolis $25.00, PUD #1 $26.50, Poulsbo $22.70. Fire Protection Services - slight increase - in some instances the base charge was lower than the what was being charged for a 3/4" water meter. One of the things needing to be done in this area was to install more meters and cross connection controls in order to meet State requirements. Hydrant Service and Maintenance Rates -Public and Private hydrants TAPE #897 City Council Reg. Mtg. Minutes March 6, 1991 Page 28 of 31 - currently the City is covering the costs of those hydrants built into the rate...they are looking to itemize those costs and actually bill separately for them. This would have some implications in regard to where or how the City charged outside agencies, i.e., Fire Districts. Low-Income Senior Citizen and Low-Income Disable Citizen Rates - this has been upgraded to meet State law by providing a bi-monthly charge of $3.50 and at no charge the City will provide the first 1,000 cu. ft. of water for a two month period. Anything over the 1,000 cu. ft. must be paid at the current rate. Temporary Construction Meters - charges fall within same range as what was being charged now - this just formalized those charges. Wastewater -Assessments - General Facilities - currently there is just a flat rate depending on the type of connection ($795.00). In order to provide a consistency with the Water Utility that charge will be broken up and charge a Facility Fee of $150.00 per equivalent residential unit, a Front Footage Fee, wish is the same as Water and an Inspection Fee. In most cases, these charges would amount to less than what some people are currently paying. Retail Wastewater Service Rates - this was consolidated into a base charge in Commodities Charge reflecting a 4% raise. Low-Income Senior Citizen and Low Income Disabled Citizen Rates - based on a single family the City would be providing the base cost with no charge for the commodity up to 1,000 cu. ft., and any thing over that amount must be paid at the current rate. Stormwater Assessment General Facility Fee - currently the stormwater rate was set up on impervious surface unit which equates to 2,500 sq. ft. of impervious surface. To hook up to the City's stormwater sewer system would cost $100.00 per impervious surface unit. A mechanism is built in for all single family/duplex residential units to be considered one (1) impervious surface unit. Front Footage Fees - slightly higher than the Water charge due to the pipes being larger and costing more. Open Conveyance System - no charge to hook up to a drainage ditch. General Rates Structure -Undeveloped Property - no charges. Under developed property 0-2 impervious surface unites, all residential and duplex living structures fall within that category. Mr. Duffy noted a correction under this heading "3 - 4 ISU" rather than "3-5- ~ISU". Mr. Duffy presented a tentative Stormwater budget with three alternatives. The rate structure was based on Alternative A and TAPE #897 City Council Reg. Mtg. Minutes March 6, 1991 Page 29 of 31 would generate about $425,000 annually, which provides for supervision, labor, supplies, other services and charges for those activities that are generally done by the Street Department now. And, he stressed the proposed rate structure did not provide any funding for construction. Under Alternative B and C, the only difference was that they would begin to collect some money in terms of capital to make improvements and that would be based on a city- wide Stormwater Utility. If Council chose either Alternative B or C, the cost per impervious surface unit would increase and Alterative B provided for a $3.50 per month charge and Alternative C provided for a $6.00 per month charge. Mr. Overson noted some of the private residential property had been cleared and replaced with space for parking vehicles. He questioned what the ISU and fee for such areas would be? Mr. Duffy stated currently parking lots constructed if they don't have utility services, are basically discharging water into the stormwater system at no charge. However, under the new ordinances, those areas would be charged. Those individuals who did put in retention, detention, oil separator systems, could apply for and receive an adjustment up to 50%. Duplicate Billing Charge - this was changed but a dollar amount was not available at this time. Office Services and Field Services - City is currently charging for this service but this document would formalize that action. Plan Check Fees - this is a new charge. Jack Swanson, representing The Sun, raised the following questions: 1. What plan do you have, as a Council or Utility Director, to inform the public of the increases? 2. He requested, on behalf of the public, a copy of Mr. Duffy's materials that showed the actual changes in rates so they could be published. 3. In specifically showing the Retail Water Increases it was specified the overall increase was 8% and then cited increase from $13.85 to $14.75...making it only a 6.5% increase and wondered why there was a difference? 4. He requested City Council or Mr. Duffy provide him with the actual changes made to Title 15 Ordinance that was just acted upon. 5. ~uestion - when would the new rate structure go into effect and when specifically would the property owners and users see the change in their bill? Mr. Dully responded to Mr. Swanson's questions as follows: in TAPE #897 City Council Reg. Mtg. Minutes March 6, 1991 Page 30 of 31 regard to the 8% increase it was on the Commodity charge only. There is two parts to the charge, a base charge and a commodity charge and it was the cost of commodity that would increase. In reference to informing the public, he noted Ordinances had to be advertised in The Sun's legal section and he expected some type of reporting in the news section of the newspaper. And, ordinances become effective 30 days after passage and publication unless a "10 days" clause was included. Kathleen McCluskey,City Clerk, stated the effective date of the Resolution would be tied to the effective date of the Ordinance. Mr. Duffy pointed out the billing process would probably be ready with the new charges approximately 60 days after the Ordinance when into effect. Mr. Hornlng expressed concern that there was not more citizens in the audience to speak on this issue and suggested that publication be such to notify the public and set up another Public Hearing in three weeks to discuss the rate schedule. If the decision was made tonot bring this information before the public prior to adopting, he would not support the proposal as presented. Mr. Colvln questioned what provisions were made to notify the rate payers of this proposal? Ms. McCluskev stated there was no public notice placed other than the Agenda Packets and Cable Access Channel advertising. Mr. Duffv stated he had not provided any other publication of this item. Mr. Colvin questioned how much would the proposed rate change increase an average household billing? Mr. Duffy stated for water service the customer would pay another six cents for 700 gallons of water. Mr. Overson questioned who put the budget figures together? He noted by using his calculations, using those figures, the average bill would be raised by approximately $2.50 per month. Mr. Duffv stated that was correct and he did look at the overall revenue stream coming into the Utility on the commodity charges. President Hotton questioned what the stormwater fees would be used for? Mr. Duffy stated initially they were setting up a basic Utility so they could get on with handling some of the water quality problems. In addition to that, there are some problems throughout Bremerton, i.e., flooding, that need to be studied and then a determination made as to the source of funding to correct such problems. It was not his intention to address all the stormwater problems at this time, but to create a mechanism so they could go ahead with figuring out what to do. President Hotton questioned if the City was being pressed by the State and Federal regulations to move forward on stormwater separation? Mr. Duffv stated yes, the Puget Sound Water Quality Management Plan names Bremerton as a problem area. Mr. Johnson questioned how a fee was determined when connecting water/sewer service along a private road? Mr. DuffV stated #1373 TAPE #897 : City Council Reg. Mtg. Minutes March 6, 1991 Page 31 of 31 generally the public service stops at the right-of-way line and from there on it was the customers responsibility. Mr. Duffy explained the developer can put in the infrastructure and then dedicate it to the Utility. Mr. Johnson stated the reason he was so emphatic during his discussion on the stormwater issue was that large shopping areas with extensive paved surfaces were discharging stormwater into the City's sewer system and not paying the City to process it through the wastewater treatment plant. It is to the City's benefit to separate the sewage and stormwater, however, the City did not have a mechanism to accomplish that. Mr. Duffy stated about 30% of Bremerton is combined sewers and most of that was in the older sections of town on the Callow Avenue basin, downtown Bremerton. Mr. Johnson stated he was not opposed to continuing this item for one week and delay second reading of the ordinance for one week, if a public hearing was held March 13. Mr. Homing stated the Council did every thing legal in putting this item on the Agenda, however, he honestly did not feel that the public had the opportunity to respond. M/S/C/U(Horning/Colvin) moved to continue this item at a Public Hearing on March 27. With no further business meeting adjourned at 9:47 p.m. KATHLEEN L. MCCLUSKEY, CITY CLERK APPROVED L~~NHORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault