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HomeMy WebLinkAbout03/27/91TAPE #904 UNAPPROVED DRAFT APR 17 CITY COUNCIL MEETING MINUTES #0037 #0036 MARCH 27 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 27 1991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Wayne Estes, Spencer Horning, Hank Waibel, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilmen Lon Overson and C. R. "Tiny" Collins were absent. Also present were Assistant City Attorney Jim McNamara and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Councilman A1 Colvin. President Hotton announced all references to "Stormwater/Stormwater Utility" had been removed from Agenda items 7B and 8A until further study had been undertaken. CONSENT AGENDA A. Minutes Of Meeting - March 6, 1991, #AB91-075 M/S/C/U(Waibel/Dawkins) presented. to approve Consent Agenda as 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(Colvin/Dawkins) on March..27, 1991, the Council does approve for payment those vouchers included and further described as follows: 126597 through 126600 and 126604 through 126775 in the total amount of $360,946.31, Regular Payroll for the period ending 3-15-91 in the total amount of $397,379.60, Retirees payroll for the period ending 2-28-91 in the total amount of $55,505.23, and Retirees payroll for the period ending 3-31-91 in the total amount of $55,505.23. COUNCIL MEMBER REPORTS Mr. Estes reported he had been working on several projects, however one just came up that he found rather disturbing. Apparently someone in his district was trapping cats and having them picked up by Animal Control and taken to Fairinall TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 2 of 21 Kennel without the owners being notified. He expressed concern that residents do not always license their animals, which would make it much easier for them to be contacted in the event their animal was picked up. He felt a more "common sense" approach should be taken so that those who have cats and those who may not like cats can get along in the same neighborhood. He requested anyone in the general public to write to him with their suggestions and/or concerns on this issue. Mr. Hornin~ congratulated the new Armed Forces Queen, her Court and everyone who had anything to do with the pageant production - it was terrific. He attended the School District celebration on Monday and was pleased to see them moving full speed ahead bettering City schools. He announced this date is National "Joe Day" which allows anyone not liking their own name to take on the name "Joe" for the day. Mr. Waibel reported the pageant was a spectacular show and he was overwhelmed with the quality of candidates competing for the Miss Bremerton title. He felt all nine of the young women were winners. The pageant will be rebroadcast on Thursday, March 28 at 6:30 P.M., on Channel 29. Mr. Johnson announced the issue of stormwater separation had been put off for a little while, but will be brought back for further review. He announced the State Senate recently passed Resolution #1991-86-31, recognizing Bremerton's #1 Most Liveable City status. He thanked the sponsoring Senators as well as the entire Senate of the State of Washington for showing their support of the City of Bremerton. Mr. Colvin extended his "thanks" to Senator Craswell and Senator Owen for their sponsorship and all the Senators for their adopting Resolution #1991-86-31. He was pleased to have been invited to the Queen's Pageant and because it was such an outstanding program he is looking. forward to next year's program. He pointed out that Queen's candidate Michael Horning was wearing a gown designed and created by Council President Lynn Horton. Mr. Dawkins announced plans for the Armed Forces Parade were underway and the Bremerton Central Lions Club will hold their Breakfast on May 18, the same day as the parade. He announced Bremerton will have a Crus-In on May 19th, to be held at Roosevelt Field. Mrs. Hotton echoed all the complimentary remarks made about the Queen's Pageant and from her past experience as a judge TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 3 of 21 for that event knew what a tough job it was to make a choice. She pointed out that new banners were up in the downtown area, which depict the City's #1 Most Liveable City standing. She was also glad to see some of the garbage dumpsters on the street, indicating that some of the old buildings were being renovated and turned into new uses. PUBLIC RECOGNITION Mayor Louis Mentor reported he was present in Olympia on March 18 when the House and Senate adopted the Resolutions recognizing Bremerton as the #1 Most Liveable City in the Nation. He also attended and enjoyed the Queen's Pageant and he attended the School District event. He exclaimed how exciting it was to walk downtown and see the construction underway. Mayor Mentor read a Proclamation recognizing Chambers Of Commerce unite business and industry with a common goal of building stronger communities; and they provide private sector leadership, resources and cooperate with local governments to advance economic development and create jobs. Chambers Of Commerce are dedicated to promoting opportunities for higher education, arts and entertainment. Mayor Mentor proclaimed the week of March 31 to April 6, 1991, as CHAMBER OF COMMERCE AWARENESS WEEK. James Robinson, President of the Bremerton Area Chamber Of Commerce, accepted the Proclamation and stated the 400 members of the Bremerton Area Chamber of Commerce were interested in more than just business advocacy. They seek to promote good relations with the U.S. Navy, support and critique local and state government, working together through a committee structure for overall community betterment. They think Bremerton is a great place to live, they believe that the Chamber objectives are worthy and propose during the Chamber Awareness Week to share with other these worthy objectives and ask them to join in. Robert Schneidler, President Kitsap Physician Service, notified the City Council and members of the community that he was pleased to receive back the Certification of a Filings Of Articles Of Incorporation of the new non-profit corporation "Business For The Arts Of Kitsap County". The initial incorporators are Mr. Schneidler, Jim Pratt of Puget Sound Bank and John Mitchell, a Bremerton Attorney. The plans for the Arts of Kitsap County is to provide financial support and other essential business support to the arts organizations in the County, both fledgling and established They hope to be the "United Way" for the arts of Kitsap County. Kicking off that announcement, they are proud to sponsor a production on April 6, at the Bremerton High School Performing Arts Center, TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 4 of 21 "Don Ricks And Friends, A Little Bit of Broadway, A Little Bit Of Jazz". Tickets for this event are available at the Bremerton Area Chamber Of Commerce, Silverdale Chamber Of Commerce, Kitsap Pavilion and Bremerton/Kitsap County Visitor and Convention Bureau. Don Atkinson, Bremerton Main street Association, stated they appreciated the comments made on the new banners in the downtown area. The Sunday Market planning is coming along nicely. So far they have had one public meeting with about 40 prospective vendors attending and a second meeting is scheduled for March 28, 7:30 P.M., in the City Council Chambers. A third public meeting for prospective market participants will be held April 30, and it will be televised live on Channel 29. The market will be located in the parking lot between the elevated viewing platform and the Ferry Terminal (area donated by the Bremer Trust). The market will start with a Sunday schedule and when local fruit and produce are in full bloom they plan to hold the market on Wednesday evenings as well (July-August-September). Don Larson, 135 Rainier Avenue, Chairman of the Dyes/Sinclair Inlets Advisory Committee and President of Kitsap Diving Association, announced he was seeking volunteers to join in a major clean up along the Bremerton waterfront on April 20, Earth Day. The Committee's next meeting will be April 4, 6:30 P.M., at the Great Northwest Savings & Loan Building (public meeting room). Harold Pickard, 2307 8th Street, stated he supported the Council form of government, however he had a suggestion that he felt would be of more benefit to the citizens. He requested that Council change their procedure to allow citizen input after the staff's report and Council's comments and questions had been held. He explained that many times questions and/or information come up in the minds of the citizens during the Council's discussion time and they would appreciate having the opportunity to share those questions and/or facts with the Council. President Hotton stated Council would discuss Mr. Pickard's request at a later time. Dusty Rhodes, 2513 Reid Avenue, shared with the Council portions of a report by the State College Board relating to available parking spaces at Junior College campuses in Western Washington. Student No. Seattle Comm. College(1989) Peninsula Comm. College (Fall) Seattle Comm. College (Fall) Shoreline Comm. College (Fall) # Of Students Parking Spaces 8,512 1,400 2,937 350 8,409 350 2,868 2,200 TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 5 of 21 So. Seattle Comm. College (Fall) Whatcom Comm. College (Fall) Tacoma Comm. College (Fall) 6,456 1,500 3,299 plentiful 6,404 2,000 Mr. Rhodes noted most community colleges had adequate parking but no other community college was asking this board to support condemnation proceedings to gain additionalproperties to meet their parking problems, much less condemnation proceedings against parks and open space. Olympic College statesthe City ordinances restricting parking in the area of the college will severely reducetheir chances or option of on street parking. He noted on September 5, 1990, the Bremerton City Council passed an ordinance for the purpose of promoting the provision of additional off street by the public or private sector in the vicinity of Olympic College and Bremerton High School. When the question "where do your students park"?, was posed to the other College Directors their response was "that's their problem. 6A INFORMATION ONLY - PARKS & RECREATION COMMISSION'S RECOMMENDATION REGARDING PROPOSED REAL ESTATE EXCHANGE INVOLVING ROOSEVELT FIELD, #AB91-076 At the conclusion of a second public meeting regarding a proposed real estate exchange involving Roosevelt Field, the Parks & Recreation Commission identified a number of unresolved issues which needed clarification. These issues will be addressed at the March 26, 1991, Parks & Recreation Commission meeting. And, based on that decision, the Commission will formulate a final recommendation on the proposed exchange, which they will present during the March 27, 1991, City Council meeting. Mariw~n Tinsley, Chairman Parks Commission, stated Olympic College has a well documented parking problem. Bremerton Parks and Recreation Commission has a problem also, they were asked to solve Olympic College's parking problem. The Bremerton Parks and Recreation Commission is appointed by the City Council to protect the parks and open space in Bremerton and to protect that interest for the citizens of Bremerton. The Bremerton Parks and Recreation Commission is comprised of members who are open minded, thoughtful and take their task seriously. They have studied the Olympic College/Roosevelt Field issue for the last 2 1/2 years. Over this time period, they have taken the assigned task very seriously. Tonight they come to Council with a recommendation for the proposed land exchange between Olympic College and Roosevelt Field. The Bremerton Parks and Recreation Commission go on record stating that they do not support the proposed land exchange of TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 6 of 21 Bremerton Lumber 1.5 acre property for the 7.2 acre Roosevelt Field for the following reasons: 1. The Bremerton Lumber property, the revenue generated $75,000 or $750,000 proposed if tax except bonds are secured, is not enough money for us to be able to recreate the two fields being lost by the Roosevelt Field. It was their estimation in order to do that they would need approximately 1.5 million dollars. 2. The proposed expansion of Evergreen Park, acquiring the Brem-Air and Loftus property along with the Port Commission and the Parks and Recreation Department is a wonderful possibility but they do not have any formal agreement or assurance from the Port that this would come to fruition. 3. The environmental clean up of the Smith Cove area may be a serious issue in the development of this property. They do not know the significance of this clean up but they do know much study will need to be done before this can take place. At best, they know that the Brem-Air and Loftus property is a possibility, not a given. The Bremerton Lumber property, proposed in the land exchange, is presently a parking lot with some buildings. They had not seen formal documentation of the appraised value and it was their understanding that if parking was to be expanded on that property, there may be some serious environmental concerns, which had not been addressed. The Port Commission, although on an informal basis, supports the concept of working together. The Parks Commission do not, at this time, have any interlocal agreement or word from the Port that they are ready to come forward. 4. The overwhelming vote of the citizens of Bremerton last spring, in the Parks Protection Ordinance, sends a clear message to the Parks Commission and to the citizens of Bremerton that we take parks seriously in Bremerton and that the land should not be given away, traded or made surplus lightly. Any time you face a serious decision like we are looking at now, there are many issues to weigh. When they entered into this investigation and study, they were very enthusiastic about the potential of this for the citizens of Bremerton. The Evergreen Park expansion is a wonderful opportunity to increase the quality of life for everyone in Bremerton. The fast start to the sports complex is exciting. The possibility of developing additional ball fields and soccer fields at the American Legion site is also a great way to increase opportunities for youth. And, the willingness of the City, TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 7 of 21 the college, the Parks and the Schools to come together and look at a viable solution is an excellent start to working relationships within the City. Out of this dilemma comes some good. Communication lines have been opened, the City Council has been supportive and responsive to all of their issues and questions. Ideas have been generated into the community that have excellent merit for parks and schools. We have seen a vision of what we can become if we are willing to work together. We have brought to you tonight the only decision that we as prudent Park Board Commissioners can bring. Based on the information presented us at our hearings and the review of the questions given to us by Council, we do not support the land exchange. You, as a City Council, have an equally difficult responsibility, for you must see the bigger picture. You represent not just the parks but the community and it is important for you that you keep the vision alive for what we can become. Keep the Bremerton dream alive. Mr. Waibel thanked the Parks Commission for their report and their serious consideration. President Horton stated she echoed that comment and knew that they had spent many hours in serious deliberation and they had not taken their task lightly. 6B - ADDENDUM TO CONTRACT WITH CORROON & BLACK ADMINISTRATIVE SERVICES FOR CLAIMS ADMINISTRATION SERVICES #AB91-077 The City self-insures its workers compensation exposures and is therefore required by law to utilize the services of a certified claims administrator. Gates McDonald performed those services for most of our W.C. claims throughlJanuary 1991. Due to service handling problems, the City solicited statements of qualification from other organizations and entered into a contract with Carroon & Black to service all new claim~ effective February 1, 1991. Old W.C. claims continued to be serviced by Gates McDonald while the City searched for an economic way to satisfactorily handle them. After reviewing the open claims files, Carroon and Black agreed to assume administration of those claims under the same terms and conditions as they handle our new claims, for an additional fee of $3,500. Amending the existing contract with Carroon & Black will bring the total value of their professional services to $11,500. This exceeds the $10,000 cap established by ordinance and therefore City Council approval is required. Kathleen McCluskev, City Clerk, noted an addendum was included in the Council packet along with a copy of the Claims Services #1395 #1455 TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 8 of 21 contract that the City had entered into for the basic claims service. Carroon and Black offered a very good price for handling prior claims. Public Comment - none. Mr. Dawkins questioned the current number of City employees? Ms. McCluskey stated about 250. Mr. Johnson questioned if the proposal was approved and Carroon and Black take over the service, would the previous company give the City a refund? Ms. McCluskey stated discussions were underway to resolve that issue in an equitable manner. M/S/C/U(Johnson/Dawkins) to approve the amendment to the contract with Corroon and Black Administrative Services to include services for Workers Compensation claims which were open and pending as of February 1, 1991. 7A - ORDINANCE (FIRST READING) AMENDING THE OFFICIAL ZONING MAP TO CORRECT ANERROR FROM "GB" TO "SF" ON THE WEST SIDE OF MEATON WAY (BARRIE REZONE) #AB91-07877 A new City-wide Zoning Map was adopted in 1988. That map included the eastern most 150 feet of a 10-acre parcel owned by James and Sheela Barrie in the "General Business (GB)" zone, while leaving the remaining 9/10 of the parcel in the SF-3 zone. The owners did not request the'commercial zoning, had no intention of developing or using the property for commercial activities, and felt an error had occurred. A Rezone request was made to return the Wheaton Way frontage of the property to residential zoning. On March 13, 1991, the City Council conducted a public hearing, considered the Planning Commission's recommendation, and approved this fezone from "GB" to "SF-3". Public comment - none. Mr. Waibel stated that he would not support this proposal as he did not believe an error had been made at the time of the zoning change. M/S/C(Colvin/Johnson) to approve Ordinance, on first reading, amending the Official Zoning Map of the City of Bremerton from "GB" to "SF-3" on the eastern most 150 feet of a parcel fronting on the west side of Wheaton Way (Barrie Rezone) Vote: In Favor: Estes, Horton, Dawkins, Colvin, Johnson TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 9 of 21 Opposed: Motion carried. Waibel, Horning 7B - ORDINANCE #4314 (SECOND READING) ADOPTION OF BREMERTON MUNICIPAL CODE "INATTENTION TO DRIVING", #AB91-066 Public comment - none. Mr. Colvin questioned the definition of "inattentive driving" and how would the court prove such a charge? Jim McNamara, Assistant City Attorney, stated the proposed ordinance identifies "inattentive driving" as driving in such a manner as to fail to maintain a careful lookout adequate to avoid endangering or colliding with persons or property. Typically what happens now, is that the officer may charge an individual negligent driving when an accident occurs when there is no other reason why the accident occurred, i.e. the driver was not doing good enough job as a driver. The charge of negligent driving is a serious offense so by having the lesser charge of "inattention to driving" the court has some flexibility to find that the driver had some fault but was not doing anything out of the ordinary. The driver may have been following too closely or possibly not driving properly for the road conditions at that time and his attention was diverted. A "negligent driving" charge would have an impact on his driving record. If the driver was charged with negligent driving and if the City was not able to prove a case that it was that high a standard of poor driving yet the driver was still at fault due to inattention to driving, then they could be charged with the lesser offense. Mr. Waibel stated he would not support this proposal because of his experience with logic and the English language. If someone had a collision with persons or property, they would be guilty under this ordinance because they would not have maintained an adequate or careful enough lookout to avoid endangering or colliding. Mr. McNamara stated the city still had the burden to prove that it was the driver's fault. Mr. Waibel stated not by this definition. Mr. McNamara stated the City would still have to prove that they were unable to avoid the accident and if they could demonstrate there was no way to avoid the accident, forces beyond their control, then that would be an adequate defense. Mr. Homing stated or if they did it on purpose. Mr. McNamara stated that happens. President Hotton stated she did not believe this citation would be used at every accident and it was up to the Police Officer's judgement whether or not the accident was avoidable or not. If, in fact, there were extenuating circumstances it would be the officer at the scene who would make that #1798 TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 10 of 21 judgement. Mr. Waibel stated if the proposed definition said "to fail or maintained in a case where it was avoidable adequate then it would be ok. Mr. McNamara stated the purpose of that was to impose upon drivers the duty to maintain that careful lookout. Mr. Waibel stated the proposed wording did not differentiate between accidents that were avoidable and accidents that were unavoidable. Mr. McNamara stated that would be the purpose of a contested hearing. It goes without saying that hopefully the person would not be charged unless in the discretion of the officer it appeared that the person was guilty of the offense, then the burden would shift to the City, at that point, to maintain that it was an avoidable accident to negate the defenses. M/S/C(Dawkins/Estes) to pass Ordinance #4314, on second reading, making it unlawful to drive a motor vehicle in an inattentive manner, and amending Chapter 10.04 of the Bremerton Municipal Code. Vote: In Favor: Opposed Estes, Horning, Horton, Dawkins, Colvin, Johnson Waibel 7C - RESOLUTION #2340, CITY OF BREMERTON BICYCLE COMMITTEE REVITALIZATION AND AGENDA The Bicycle Advisory Committee has been relatively inactive for'the past five years. The Administration was approached by the newly reorganized West Sound Cycling Club regarding their input into City bicycling issues. The Administration and several club members have developed an issues agenda and the members volunteered for membership in the Bicycle Advisory Committee. In order to publicize the new agenda and energy brought by the new members Resolution #2340 is offered. Don Pratt, Director Of Community Development, described how Mayor Mentor was contacted by several members of the West Sound Cycling Club offering to help on City issues regarding bicycling. The City does have a number of bicycling issues of concern, not the least of which is parking bicycles downtown and several bicycle routes. Mr. Pratt stated he was pleased to discover their "agenda" was similar to the City's and he welcomed their participation with Planning staff and the Mayor's Advisory Committee. Rich Ankiel, President of West Sound Cycling Club, representing the West Sound Club, stated one of the reasons for his support of this proposal was to make biking safe and inviting to commuters and those who bike the roads for TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 11 of 21 recreation. He raised the question how could this be accomplished in a growing City? First, he believed the City needed to be informed on bicycling issues and to be inform they need someone with the expertise to informthem. The West Sound Bicycling Club members are considered experts on biking and passionate on the sport of bicycling. If the Advisory Committee is formed, they will express the needs of the bikers to the City Council and because they are bikers they will know what needs to be done to make it more safe. Biking can decrease vehicular traffic, helping to decrease a number of environmental affects, as well as individual fitness for those who do choose to ride a bike. Kathy Thomas, Secretary of the West Sound Bicycling Club, stated she believed the Advisory Committee could help resolve a lot of the biking concerns in the downtown area, i.e. parking. Also an Advisory Committee could help promote safe cycling and also make both vehicle drivers and cyclist aware of their rights and responsibilities. They would also like to encourage some bike rides, promotional rides and events that will bring people to downtown Bremerton. Tim Baker, West Sound Bicycling Club members, stated he believed bicycli~g was more than just a sport, but a viable means of transportation if bike routes were adequate. He promotes bike riding every opportunity he has. The single biggest issue against bicycling is traffic and he hoped with the help of an Advisory Committee some of the more difficult bike routes could be worked on to make them more safe and more attractive to the beginner bikers. Mr. Waibel stated he was in favor of taking advantage of the local experts in the area of biking, however, there were some mandatory provisions in the proposal which he had some concern over. Mr. Pratt suggested the following changes to the proposed Resolution: 5th paragraph to state: "BE IT FURTHER RESOLVED THAT THE CITY OF BREMERTON: does recognize the following issues and tasks to be considered by the Mayor with the advice from the Bicycle Advisory Committee:"; and under Item #2: "Considering possible removal of bicycle route signs .... ". Mr. Dawkinsquestioned if this would guarantee a bicycle route would be mapped along the waterfront? Mr. Pratt stated no, as that item had not been discussed with the Advisory Bicycle Committee yet. He noted there was a problem with mixing bicycle routes with pedestrian routes. It was the Mayor's and his feeling that in a pedestrian situation, such as the boardwalk, they did not want to sign it as a bicycle route and TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 12 of 21 have bicyclist going 20 miles per hour down the boardwalk where pedestrians may be present. For that purpose, they had specifically tried to avoid designing it as a bicycling route and would tryto design other routes parallel to the boardwalk area. The Bike Club expressed the hope to find routes through the City for travel and recreational purposes and to then test those routes to make sure there was adequate room and pavement width. Mr. Colvln questioned if the waterfront plan included places to park bicycles? Mr. Pratt stated the budget did include amenities like that in several places. He would also be interested in the Club's reaction as to whether or not enough parking facilities had been provided for in the proposed plan. Mr. Johnson stated he felt the previous Bicycle Advisory Committee was established on a more formal basis and being tied to some grant funding and appointment procedures. He questioned if this new group would have any conflict with what was done in the past? Mr. Pratt stated not to his knowledge. Some of the recommendations from the last Bicycle Committee were adopted into the City's Zoning Code. There are no remaining grants for grant activity, however, Council may see some recommendations from the Advisory Committee to start some up. Mr. Johnson questioned if the Bicycle Route Maps would be updated? Mr. Pratt stated he felt it was premature to assume that would be done as no budget had been established for this Committee and the only tasks identified are in the Resolution. One of the first things to do would be to reconstitute the committee, establish an agenda and understanding how they would make recommendations to Council. The City does receive funding through the State Arterial Fund annually and the City is required to spend a percentage of those funds on bicycle activities either planning, programs or facilities. Planning needs to go into how that money will be spent and he sees the ~ole of the Advisory Committee as a body to study uses for the funds and bringing recommendations back to Council. Mr. Johnson pointed out the Advisory Committee would be answering directly to the Mayor. Mr. Pratt stated that was correct, they would be advising the Mayor and the Mayor would then bring those proposal to the Council. Mr. Johnson pointed out that at least 50% of committee membership being proposed are individuals living outside of Bremerton. He questioned if the indefinite expiration terms may present a problem if a new Mayor was elected? Mr. Pratt stated the two names listed on the Advisory Committee now were individuals who were listed as committee members for the past five years. There have been no appointments to the Committee as yet, however, the Mayor has talked with the Bicycle Club about such appointments. If #2472 TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 13 of 21 there are appointments, residency was a consideration, although he could not guarantee there would be 100% residency. The last discussion he had with Mayor Mentor was that there would be an increase in percentage of residency for those serving on the Committee. Mr. Johnson suggested some staggering of terms at the formation of this Committee. If the Committee responsibility grows beyond that stipulated in the Resolution, and become an official commission of the City, he felt it should come back as an Ordinance establishing it as such including good business rules for it to function under. Mr. Pratt stated he believed the Mayor agreed with that suggested process, but they also agreed this was a very positive type activity and looked forward to more opportunities to bring this issue before the public. Mr. Estes encouraged the Committee members to not get discouraged initially, but to work to resolve some of the bicycle parking needs in the downtown area. He felt bicycles would become more prevalent in the future and could one day be the major form of transportation. M/S/C/U(Waibel/Johnson) to adopt Resolution #2340, with the corrections as listed by Mr. Pratt. 7D - ORDINANCE #4309 (SECONDREADING) REFORMATTING TITLE 15 TO MEET CURRENT REGULATORYAND OPERATION REQUIREMENTS, #AB91-054 Bill Duffy, Utilities Director, stated the objective of reformatting Title 15 was to provide better organization of the Title: Section I provides for the General Provisions of the Utility together with the definitions for various elements outlined in the code; Section II and Section III deals with water and wastewater service; Section IV deals with assessment rates and charges; Section V deals with Utility billings; Section VIII deals with the Appeals process. The significant changes in the code provide for a new layout and provides for a simplified Wastewater Rate structure. It increases the automatic check handing credit from 25 cents to $1.00; provides some clarity in the assessment section for people desiring to hook up to the system; provides for a Construction Standard for those making improvements to the system; eliminates some surcharges, particularly in the East Bremerton area. Public comment - none. Mr. Colvin questioned clarity of the automatic check handing process? Mr. Duffy explained if someone agreed to have their utility bill paid directly from their bank account they would TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 14 of 21 receive a $1.00 credit on their billing. Mr. Waibel pointed out this item had been before Council previously, including a lively discussion during a special Study Session. During this previous discussion several items had been changed and due to the significance of those changes he believed the Ordinance should return to the status of a "first reading" this time. Mr. Johnson stated in Section 15,070,050, last sentence, he requested the word "all" be added so that the sentence reads: "Duplicate bills sent to a different address shall be assessed a duplicate billing charge sufficient to recover all costs of processing and mailing. #2886 M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading, updating Title 15 of the City of Bremerton Municipal Code and authorizing the Mayor to implement the revisions to the code subject to the Administrative Policies and Procedures except for those provisions for the City's Stormwater Program; and including the word "all" before the word "costs", under Section 15.07.050, last sentence. 8A - PUBLIC HEARING - RESOLUTION #2338, ESTABLISHING FEES,RATES 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 Dully, Utilities Director, stated water rates had not been raised since 1983. He provided a display board showing what the average bill would be per residential customer, using approximately 1500 cubic feet of water. Their bill would increase, over a 2-month billing period, from $13.85 to $14.75 (about 45 cents per month). A wastewater rate increase of 4% is being proposed and calculated on the commodity portion. Wording of the wastewater rate structure was simplified to make it easier for the citizens to understand. That rate increase would amount to about 82' cents per month for an average residential customer using about 1500 cu. ft. of water; for a total TAPE #904 City Council Reg. Mtg. Minutes March 27, 1991 Page 15 of 21 increase of approximate $1.25 per month. The following sections have been reorganized: Water: Assessment Rate - no change Front Footage Fees - no changes Connection Fee -3/4" and 1" remain the same but 11/2" and 1" have been given a flat rate Rate Structure - no change in basic part but did increase commodity charge Fire Protection Costs - slight increase Hydrant Service - fee schedule Low Income-Senior Citizen-Disabled Citizens rates - revised to conform with Dept. of Social and Health Services requirements Temporary Construction Meters - using same rates but formalizing into the Resolution TAPE #905 Wastewater: Wastewater Assessments - currently the wastewater assessments provide for a flat rate of about $800/month - this has been broken down into a General Facilities Fee ($150.00 per residential unit), Front Footage Fee ($8.00/foot. Outside City Limits $12.00/foot), plus an Inspection Fee Rates - have been simplified with a base charge together with a commodity charge (4% rate increase proposed) Customer Classifications - no change Low Income-Senior Citizen - Disabled Citizen Rate - this has been added meeting State requirements Miscellaneous Charges - duplicate billing, meter test fee schedule for testing water meters, office services, which includes account maintenance and billing fee notices, automatic check handing service has been increased from 25 cents to $1.00 credit, field services, new charge - wet tapping, fire hydrant installation has gone from time/materials to a flat rate, water meter removal charges and cross connection control inspections, etc. Mr. Duffy explained most of the fees had already been in effect, however, this process formalized them. President Hotton requested Mr. Duffy explain why he was bringing the proposed increases at this time and to identify what the additional revenue would be used for in Water and Wastewater. Mr. Duffy stated as a result of the rate hike, TAPE #905 City Council Reg. Mtg. Minutes March 27, 1991 Page 16 of 21 most of the increase would be covering the cost- of- living increases incurred over the past few years. The City had been very successful in subsidizing the rates through timber sales. Due to the ban on export of logs, the market has been hurt somewhat. Mr. Dully provided a chart showing comparable rates of other cities and Kitsap County rates. He noted even with the proposed increases the City of Bremerton still had one of the lowest water rates in the County. Harold Pickard, 2307 8th Street, raised the following questions: 1. What goals will this 8% price increase raise for the water Utility? 2. How many years before another rate increase is implemented? 3. Are the COLAS a public policy for the Water Department employees? 4. Does Bremerton plan to provide water to Bainbridge Island? If the answer was yes, what plans are projected for adding holding capacity on the water shed? 5. Will the Council make available to the public the specifics contracts now in effect for the largest users of City water? He was concerned that Puget Sound Naval Shipyard paid their fair share for water and wastewater services. He pointed out that Bremerton was benefitting from lower rates due to the foresight of thinking City fathers who served in earlier years, who purchased valuable watershed property for a very reasonable amount of money. Ron Carpenter, Bremerton School District, stated they were one of the larger users and they requested as much lead planning time as possible for them to provide adequate funding in their budget to cover such increases. Chuck Lauback, 215 6th Street, representing Puget Rental Operators Association, stated he did not have any great concerns over the proposed rate increases, however, he did want to leave a letter, with the City Clerk, that he wrote that dealt primarily with the storm water issue. Muriel Gutdis, 2133 8th Street, questioned if "summer rates" would be included in the resolution? TAPE #905 City Council Reg. Mtg. Minutes March 27, 1991 Page 17 of 21 Mr. Dully explained summer rates were already built into the wastewater structure, using the winter time consumption to calculate the sewer bills during the summer. With regard to what the goals would be for the 8% rate increase - most would be taken up by inflation, however, in 1986 the Federal Government passed a new set of amendments to the Safe Drinking Water Act, which did have significant affects on Bremerton; particularly with the Surface Water Treatment Rule, which provides that the City may some day in the future built a surface water treatment plant and/or increase monitoring and land ownership to protect the City's water. Effort is underway to purchase more land within the watershed area, giving the City 100% ownership. In response to the question "how long before another increase would be implemented?", he stated he would not be back next year. In regard to the COLAS, the payroll for the entire City was managed out of another department, the Treasurer's, and increases are granted through collective bargaining agreements. In response to the question "whether Bremerton would be providing water to Bainbridge Island?", he stated no. The City does have two wholesale Utility contracts, one being the City of Port Orchard and the other with the United States Navy. Me suggested that Mr. Pickard contact his office or the City Clerk's office to obtain copies of those contracts. Both entities do pay their fair share of services received. The Puget Sound Naval Shipyard uses approximately 30% of the City's water supply. Mr. Pickard questioned if the City had considered employing a Water Chemist, who would be responsible for monitoring the quality of the water? Mr. DuffV explained the State Health Department does require a significant amount of monitoring, in fact, over 60 samples are taken monthly. Presently he was advertising to hire a Water Quality Manager, who would also provide assistance in this area for the Utility. Kathleen McCluskey, City Clerk, read into the record a letter received from Jim Adrian, 621 Washington Avenue. Mr. Adrian outlined the following concerns: (1) Headings of Agenda Bills need to clearly state the item that is being presented. (2) In his opinion, setting the rates by Resolution and not by Ordinance was in violation of the City Charter. (3) The most disturbing element of the storm water package was the fact that these rates can only be levied on residents of Bremerton and not all utility users. TAPE #905 City Council Reg. Mtg. Minutes March 27, 1991 Page 18 of 21 (4) Mr. Adrian requested that the Council request staff to return the ordinance to the staff for rework to include at a minimum the rates with the ordinance. And, to have the water and wastewater portions returned to Council for passage. Lastly, to work on the stormwater portion until an equitable funding mechanism was established and all who contribute storm water will pay. Mr. Johnson pointed out Council did not even want to consider supplying Silverdale with water and serving Bainbridge Island would definitely be out-of-the question. In response to the concern that the City may run out of water, as experienced a few years back, Mr. Johnson explained that during the drought season a few years back was complicated not by the lack of water but the unavailability of pumps that were under repair/maintenance at that time. Mr. Duff~ noted since that time he had drilled a significant number of new wells, some have been developed and are being used and other have been capped for future use. Mr. Homing stated he shared Mr. Adrian's concern about the proper process of using an ordinance for this process rather than a Resolution. However, he questioned if summer rates were automatic for everyone, including multi-family? Mr. Dully explained they were automatic for residential and multi- family, but not for commercial. Mr. Homing pointed out this form of government, which is in its 9th year, has significantly changed and improved the size of the water shed, the ownership, annexed it to the City and have set forth greater protection procedures. He was proud to have been part of this effort to provide for the citizens of Bremerton now and in the future. Mr. Estes noted if the County Commissioners were successful in implementing a Comprehensive Plan For Utilities, the City would be concerned with the possibility of having to provide water to Bainbridge Island. President Hotton questioned if the water bills will be easier to read once new format is adopted. Mr. Duffy stated yes. Mr. Johnson questioned if something should be included in the Resolution regarding the timing of the rates? President Hotton noted that will be included in the implementing motion. #0834 M/S/C(Waibel/Horning) to adopt Resolution #2338, with the language in the Resolution to be modified to say: "Be It Resolved That the City Council of the City of Bremerton that TAPE #905 City Council Reg. Mtg. Minutes March 27, 1991 Page 19 of 21 the following fee and rate schedule is adopted for inclusion in Ordinance form for the Municipal Water and Wastewater fees"; and that ordinance would contain the effective date timed with the billing cycles. Mr. Johnson noted his displeasure over the further delay of instituting the new rates. President Horton pointed out the new rates could not go into effect until the Title 15 Ordinance was in effect. Mr. Waibel stated it was desired to time the rate increase to go into effect at the billing cycle timing. Mr. Johnson suggested adding wording to say that the rates when into effect when the ordinance was effective. Ms. McCluskey noted it would be best to have the rates effective on a certain billing schedule that needed to be defined by Mr. Duffy. Mr. Colvin stated a lot of citizens depend on the news media to learn what action is taken by the Council and he hoped the media would publish the current and proposed rates. Mr. Johnson stated he would oppose this because it is one more delaying tactic. President Hotton emphasized that even if a Resolution was used to increase the rates, they would not go into effect until the next billing cycle. Mr. Duffy stated it would have to be implemented at the conclusion of the next billing cycle, so there will a period of about 60-70 days when that would become effective. Mr. Johnson pointed out that would be the fourth agenda item on this particular subject. He questioned how long did it take for Council to make a decision? President Hotton stated this will give indication that Council has made a decision and the paper work would follow. Vote: In Favor: Opposed: Horning, Waibel, Dawkins, Colvin, Estes, Horton Johnson 7E - ORDINANCE (FIRST READING) AMENDING THE ClTYtS CODE OF ETHICS, #AB91-079 The current Ethics Code was extensively revised by the Ad Hoc Ethics Committee chaired by Councilman Estes during the middle of the year. The final draft has been circulated for comment to City departments and bargaining units and conunents were included by the Committee where needed. The broadest changes are: 1. Format - the required distribution of this Code and acknowledgement by City employees is continued. The value of the Code as a required condition of employment is promoted by TAPE #905 City Council Reg. Mtg. Minutes March 27, 1991 Page 20 of 21 considerable shortening and reorganization into three subject areas. Hopefully, comprehension and retention will improve. 2. Enforcement - the never-used Ethics Commission has been replaced with an internal review and investigation process conducted by the Department Head or by appropriate elected officials. Appropriate checks and safeguards are provided. 3. Use Of Property - This subject has been relegated to future personnel policy development, such as the recent policy on phone use. Restrictions may vary by employee group, department or type of City property. In some instances, policies will need to be bargained due to past practices of the City in regard to property use. Once properly adopted, use of property, to the extent allowed, will become part of the employees compensation package and not a misappropriation or gift of public property. Wayne Estes work had been underway on this ordinance for the past 14 months, having received input from all directions. Public comment - none. Mr. Johnson requested clarification for the public record that in the event an elected officials was brought up on an ethics charge that the Mayor would met with remaining Council members in an Executive Session. Jim McNamara, Acting City Attorney, stated the statute provides specifically that Executive Sessions can be called for this type of action, i.e., investigation of violation of the Code of Ethics. It is also provided that if the person who was being questioned requested a public hearing that it would be held outside an Executive Session at a public hearing. Mr. Johnson suggested making the following changes: (1) something needs to be addressed in the ordinance about the powers of the committee, i.e., can they spend money, can they subpoena records, who would act as chairman of the group, etc.; (2) adding the "defendant" to the last sentence of Section (c). He questioned if it was property to carry out an investigation on someone without their knowledge of such an investigation? Mr. McNamara stated there would not be anything legally inappropriate with such actions. Under some circumstances it might be necessary in order to prevent someone from covering their actions. There is not requirement for a pre- confrontation prior to the investigation. Mr. Johnson questioned under Civil Penalties, who would be paid the $500? Mr. McNamara stated it would be his understanding that by default it would go to the General Fund. TAPE #905 City Council Reg. Mtg. Minutes March 27, 1991 Page 21 of 21 Mr. Waibel noted prior to a decision being made, the defendant would have the opportunity to defend themselves. Once a charge was made then it would required that the person being charged receive notification. Mr. McNamara stated there was the option of going against a suspect through civil or criminal action. Mr. Colvin requested clarification of Section 2.96.070(a)? Mr. McNamara stated this section provides a reporting mechanism if there is a perceived violation of the Code of Ethics the first action would be reporting to the employee's Department Head. If the suspect was a Department Head, then the violation would be reported to the Mayor. The third alternative was in the invent the suspect was the Mayor or Council member, the complaint would be filed with the remaining Council members and the Mayor. Mr. Homing noted if this went to a committee of the Mayor and Council, and the decision was split would the Mayor be a voting member? Mr. McNamara stated under this situation he would have a vote. #1231 Mr. Johnson questioned if the proposed ordinance been before the Bargaining Units? Mr. Estes stated yes. M/S/C/U(Estes/Johnson) to approve Ordinance, on first reading, amending the City's Code of Ethics, reflecting Mr. Johnson's comments. With no further business meeting adjourned at 7:50 p.m. KA LEEN L. McCLUSKEY, City Clerk L ~' ~ LN~OHORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault