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HomeMy WebLinkAbout05/08/91#0073 #O~B3 CITY COUNCIL MEETING MINUTES May 8, 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, May 8, 1991 at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were: Wayne Estes, Spencer Horning, Morrie Dawkins, C. R. "Tiny" Collins, A1 Colvin and Hank Waibel. Councilmen Lon Overson and Russ Johnson were absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and the Invocation was given by Reverend Paul Meeker of Our Savior Luth&ran Church. CONSENT AGENDA A. Minutes Of Meeting - April 24, 1991, #AB91-116 M/S/C/U(Waibel/Estes) to approve the consent agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing which has been made available to the council. M/S/C/U(Colvin/Dawkins ) on May 8, 1991 the Council does approve for payment those vouchers included and further described as follows: 128675 through 128677, 129091 through 129238 in the total amount of $191,837.31 and Regular Payroll in the total amount of $402,515.24. COUNCIL MEMBER REPORTS Mr. Waibel stated he had a very good time at the Parks Department's "Volunteers Night" and two of his daughters participated in this event. The Parks Volunteer program is.an extremely active program - 170+ individuals were recognized for their volunteer efforts to the Parks Department programs. Last week, on Tuesday and Wednesday, representing the Bremerton Armed Forces Committee, he traveled to Colorado Springs (Peterson Air Force Base), Colorado. He had the opportunity to tour NORAD, the underground SAC operations center. While there, he met the pilot of the plane that lead the fly over during the USS Hornet's reunion ceremonies. He also toured Fauken Air Force Base, where all the operational satellites are launched, deployed and monitored. He was very impressed with the Air Force Academy and he encouraged young people in Bremerton to look into such educational opportunities that they offer. On May llth he attended the Childrens' Art Festival and he also enjoyed attending a Mariners' game. In spite of the wet weather on Sunday, the Farmers' Market got a good start. '~ Mr. Colvin reported Bremerton Night at the Mariners' game was well TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 2 of 19 attended by the citizens of Bremerton and he hoped next year there would be twice as many attending. Mr. Dawkins attended Bremerton Night at the Mariners' game, they won and they are still winning. Mr. Collins reported the Farmers' Market was a success. The vendors spirits were not dampened by the rain. He hoped more people will come and experience this new activity on the waterfront. He explained he had removed the yellow ribbon from his microphone and the reason was because General Schwarzkopf gave his presentation to the Country today before Congress and it was one of the most heart rendering talks he had ever heard. It made him proud to be an American and to have backed a war that we didn't like and didn't want but it had to be done and the Armed Services and American people said "go do it" and it was done. Mrs. Morton reported she and her daughter attended the Childrens' Art Festival on Saturday and enjoyed it very much. The Parks Department had good activities as well as good entertainment and she was happy the community turned out so well for this event. She didn't attend the Mariners' game but looked forward to attending next year if they pick some other night than "bat night". PUBLIC RECOGNITION MaYor Mentor recognized the following students who participated in the YMCA Youth Legislature: Andrew Leadbetter, Teresa Moore, Dennis Quinlin, Amy Morrison, Jason Berger, Terry Angel, Andrew Alexander, Susie Long, Lou Fan, Brad Zentner, Christina Smock, Wess Schriner, Melinda Sodorokus, Heather Demkowski, Sandra Pesenta and James Lamb. The YMCA Youth Legislature takes over the State Capital each spring for four days, since 1947, and student participation is organized through local YMCA's and High Schools. The selected student delegates debate issues, meet with Municipal and State elected officials and staff, propose legislation and lobby positions. Each year they pick an outstanding delegation from that State-wide group and the Bremerton/Kitsap County delegation was selected as that outstanding delegation. Mr. Colvin stated in addition to recognizing the outstanding students, he wished to acknowledge Mr. & Mrs. Oraker and Councilman Wayne Estes for their involvement with this group. Mr. Estes stated Mary Norwood also deserved recognition for her involvement as well. Carl Johnson, Board member of Project Family, expressed his appreciation of the many volunteers, Bremerton government and other agencies that provide necessary support to Project Family. He announced Project Family's 6th Annual County-Wide Leadership Prayer Breakfast will be held October 24. The guest speaker for this meeting will be Joe Foss, former Governor of the State of South Dakota, a recipient of the Congressional Medal Of Honor. Lastly, he had been privileged to be involved with a couple of small groups of community leaders, who meet on a weekly basis. Among the things TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 3 of 19 they do when getting together is to pray for our community and specifically for the City Council. Lena 8wanson, 2123 Snyder Avenue, expressed her great concern over a recent newspaper article in The Sun regarding the initiative she is chairing regarding a change in government. She read into the record the initiative that is being made available to the public: "To The City Council, State Of Washington, we the undersigned citizens and registered voters of the City of Bremerton, Washington, respectfully request that a certain proposed amendment to the Bremerton City Charter, a complete copy of which proposed amendment appears attached to this petition, will be submitted at the next General Election to be held November 5, 1991, for approval or rejection by the voters of the City of Bremerton and would become effective January 1, 1993. And, each of the undersigned petitioners states that he or she is a registered voter of the City of Bremerton, whose residence appears beside his or her signature". To clarify the recent news article, she stated the following: "Should the Bremerton City Charter be amended to change the form of government, effective January 1, 1993, to provide for an elected 5- member full time City Council with Executive and Legislative responsibilities, to take office January 1, 1993 and to consist of a Mayor, with supervision of Police and Fire Departments, a City Clerk, with supervision of Administrative Services, a Public Works and Utility Supervisor, a Budget and Finance Officer and a Parks and Recreation Supervisor, all to be elected at large". She stated she was distressed with the City Council, as a group, and felt they were interfering with Administrative responsibilities of the City. Roy McInnis, 2711 Maple Street, stated he did receive a letter from the City Clerk regarding streets being blocked off in Bremerton Gardens. In her letter she stated that the City was not responsible for streets in Bremerton Gardens. He felt since the City would be providing Police, Fire and Medic 1 services to the Bremerton Garden's area, they should have access to the area. He felt it was a dangerous situation should there be a fire or medical emergency in the Bremerton Gardens area. He was still looking for some type of solution to the problem of streets being blocked off and would appreciate being notified if a solution was found. President Morton requested Ms. McCluskey, City Clerk, readdress that issue or comment on it. Kathleen McOluskeV, City Clerk, stated Bremerton Gardens is a private property. The City dedicated the streets to them and has-no authority to go to them and require them to do anything on those streets~ She did alert the Engineering Department and Public Safety is aware of the situation, however, in talking with the City Attorney there is not a lot the City can do other than make Bremerton Gardens also aware of it. She reported Engineering Department staff did go out and review the situation, however, they did not express the same concerns that Mr. McGinnis had and they had no further comments. Ian Sievers, City Attorney, stated proper fire lanes must be maintained even in TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 4 of 19 private parking lots and he felt the Fire Department could review the situation to make sure that at least the minimum fire lane standards are maintained. President Hotton pointed out if the Fire Department had concerns they would forward them to Bremerton Gardens. Elizabeth Buell, High Avenue, stated she did not understand if the College wanted Roosevelt Field for parking or for new buildings and questioned what would they then do for parking? President Morton pointed out the only one who could answer that would be a representative from Olympic College. Don Larson 135 Rainier Avenue, President of Kitsap Diving Assoc., informed the Council and citizens that May has been designed as a National Take Pride In America Month. He noted through their effort to clean up shorelines along Dyes/Sinclair Inlets, over 12 dumpsters of garbage had been collected. What he would like to see in the future is more people taking care of the shorelines around Kitsap County. He announced on Friday, May 10th, 9:30 AM, at the Silverdale Dock, Petty Officer Walter Bennett of Bangor will head up a clean of Dyes Inlet shoreline. Kitsap Dive Club members and US Navy divers will be cleaning around the Silverdale Dock. Anyone wishing to help at this event can just show up at the Silverdale Dock. Mr. Larson reported Petty Officer Bennett won the PI Jefferson Award for his community volunteer efforts and will be traveling to Washington, D.C., to compete nationally on that award. He announced on May 18 there will be a Low Tide '91 Beach Sweep, a funding raising event to help out Tacoma Point Defiance Zoo and Aquarium, Seattle Aquarium and Port Townsend Marine Science Center. 6A - FIRST OUARTER PROGRAM REPORT FROM THE KITSAP COUNTY ECONOMIC DEVELOPMENT COUNCIL, #AB91-117 Earl Smith, Executive Director Economic Development Council, stated his Board agreed that he spend what he considers to. be an inordinate amount of time in Bremerton and 60% of his time is spent doing the things they, the County, think we should be doing in the City. This is done on purpose, not by mistake. A handout was provided showing a new set of 1991 demographics. He cited the"Retail Office and Commercial Rental Rates in Bremerton" as compared to the rest of the County and where that stands. Due to the City/County being designated #1 in the Country, they had to purchase 2,000 additional copies to distribute to businesses who were looking to locate in Kitsap County. Procurement Proqram - he was pleased to reported that he had found funding into the out years to continue this program. The Defense Logistics Agency will, he believes, fund this program. This would be in partnership with Snohomish County, Pierce County, King County plus Kitsap County. This will bring more marketing to our businesses from the other side of the Sound. TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 5 of 19 Mrs. McCluskey invited him to a meeting with Chuck Clark, who accompanied Governor Gardner during his visit to Bremerton. They discussed what we would do if we lost a lot of military jobs here...that to him was secondary to what we established in that meeting. They were able to discuss with Mr. Clark the possibility of doing some Bremerton revitalization through State funding. The City needs to do some things to qualify as a City for State programs and this was discussed at that meeting. Another issue discussed was "affordable housing". The initial meeting with Mr. Clark lasted for approximately 45 minutes, and it is Mr. Clark's desire to come back for a longer meeting to address these issues. Mr. Clark was thanked for the State funding allocation to the Turner Joy project and requested to provide some additional funding for the Admiral Theater project because that was one of the few areas that the State could help the City. He appeared on KIRO TV, Inside Northwest Business, KIRO Radio Mid- Day program, KOMO, with Cynthia Lamm, where he publicized Kitsap County and Bremerton. Turner Joy - a new Board of Directors was elected for the Turner Roy...Carl Cramer, President; Mike Schrader, Mim Heuss, Secretary, Treasurer Rod Neer, At Large Members Earl Smith, Clyde Strickland and Bill Amo. Mr. Smith gave a brief description of placement of the Turner Joy. Mr. Estes questioned Mr. Smith if it would be possible to have the ship available for temporary public boarding by May 187 After looking into this matter it was determined that would not be possible due to the Shoreline Permitting process required. On the issue of having power on board, currently he is working to get power available by next week through the use of the on board diesel engines. No work can be done on the ship until safety standards on the ship are met. A non-skid deck must be applied prior to any public boarding. The Commander, at Bangor, -has offered the services of the "CB's" to assist with the non-skid decking. The ship will be dressed in flags for the Armed Forces Weekend. Affordable Housing - a handout was provided showing the Navy's study on housing in this area. What this information says is that there will be a 1,300 deficit, on the Navy's side, by the year 1995. The information does not include what the deficit will be on the civilian side. He personally believes that affordable housing, after the waterfront development, will be the most important thing done in Bremerton. He noted three letters were included in the handout - the first letter was from Investco Corporation to Congressman Dick and what it stated was that we had built and are operating 2,000 units throughout the Western Washington area. We have recently learned that the Federal National Mortgage Association (Fanny Mae), is no longer providing financing in areas where the government employment base comprises 40% or more of the total local employment base. That corporation lost a 341 unit housing input (located in Silverdale), but it absolutely "red TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 6 of 19 lines" Bremerton. You can't do that kind of housing in Bremerton. When asked "have you red lined this area?" and their answer was "no we really haven't", but the perception has brought about a negative attitude. The second letter is a multi-family acquisition letter from Fannie Mae and it states: "The risks inherent in local economy dominated by Military ........ ," and on the second page: "properties exceeding either a 40% thresholds will not be eligible for lending by DUCE lenders". What that means is that a mortgage lender will not lend a developer to build housing in Kitsap County. This type of action is "against the law". Congressman Norm Dicks got Mr. John Delaney, Vice President Of Multi-Family Housing to Kitsap County and it was explained that this area had not been "red lined", however, the perception is having a devastating effect. Mr. Delaney has given input and they will be writing letters to all of the DUCE lenders so that perception will be corrected. The third letter, from Polaris Construction Company, lists four reasons why he is having real problems building houses in Kitsap County and Bremerton. It is materials and labor costs, ground price, excessive government regulations and difficulties in finance. The letter from HUD states: "We may need to go back and examine our entire approach to the method in which we provide housing, some of the institution's roles may have to change as well as employers recognizing it may be good business to be a participant". What this is saying is that what was done in the past to finance housing is probably not going to work in the 90's and if we don't look at a new method in which to finance housing we're not going to make it. A June conference is planned to bring together State Housing Team, bankers' association, private bankers, corporate lenders, all the DUCE lenders and developers. The intent is to try and get the U.S. Navy to come and give their housing brief that says there is a shortage of housing in Kitsap County, as well as a private group to come up and show the Navy is not the real problem, but private people are causing increased housing needs. And, participating in that conference will be a representative from Fannie Mae who has 10 billion dollars worth of lending authority. This person will give a brief to show that Kitsap County has not been red lined. This conference will provide one more opportunity to show people what Kitsap County/Bremerton's assets are. President Horton stated several Council members will be attending the Association Of Washington Cities Conference on June 18-19-20 and questioned if the "June conference" discussed by Mr. Smith could be scheduled prior to the AWC Conference? Mr. Smith stated the City of Everett is having their Housing Conference on June 21 and he doubted Bremerton's could be set up prior to that date. Mr. Colvin questioned if he was correct in his understanding that "the higher you go the cost of a building increases expeditiously"? Mr. Smith explained when building above three stories such things as sprinkling, steel structure and other things are required. What might be done in the interim, is to build some tri-plexes in three story buildings that will take us from 77 cents to $1.25 to build something in the middle and utilize subsidizing to help bridge that gap. TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 7 of 19 Mr. Dawkins noted that local lenders are not tuned in at all and he had experienced similar difficulty obtaining funding for projects. Mr. Collins questioned what was the wrong kind of atmosphere that would allow someone to build a 3-story building? Mr. Smith explained the loss of three new building for the Navy because the Navy would only sign a one year lease with four option years and the banks would not support this. The second reason the buildings were lost was because it was not possible to get money unless it is a owner occupied building and the builder was not the tenant. There is a misconception with the lenders as to what Fannie Mae has stated and Fannie Mae is the agency who goes to the lenders that go to the developers. Right now it is Fannie Mae who is hurting this community because the mortgage lenders under them think they can't get rid of their mortgages. Mr. Collins questioned if there was something the City Council could do to set a better atmosphere? Mr. Smith stated the one thing the City Council could do would be to keep an open mind, be flexible when a person comes with a proposal and do not turn it down outright. Developers want to make a profit - the permitting process has to be such that it is not over burdensome and the people in government have to want them to be there. 6B - ANIMAL CONTROL SERVICES TO JACKSON PARK, PSNS, AND EASTPARK, #AB91-118 We have recently completed negotiations with the Navy for expanded animal control services to include Eastpark and PSNS. We previously contracted for Jackson Park only, but provided services to Eastpark as well. The contract requires a minimum of 3 patrols per week at Jackson Park and 2 patrols each at Eastpark and PSNS. We will be enforcing City of Bremerton ordinance, rules and regulations with assistance from Navy Security Police. Kathleen McCluskey, City Clerk, stated for clarification the contract attached to the back of the Agenda Bill was the original contract worked out with the Shipyard, which included some other terms and conditions. As discussions progressed, it was decided to just state the dollar amount, number of patrols required and the remaining wording was in accordance with City of Bremerton ordinances. If this contract is approved, the City will start services on Thursday, May 9. Animal Control has worked with the Navy to get notices out to the residences in the appropriate areas. Public comment - none. Mr. Collins questioned Ms. McCLuskey, as one of the negotiators of this contract, ifshe spoke to them of our existing ordinances or any ordinances that might be changed in the future. Ms. McCluskey stated they discussed any ordinances that existed during the life of this contract, including future changes. #2316 M/S/C/U(Waibel/Horning) to approve the Animal Control Services TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 8 of 19 contract to Jackson Park, PSNS, and Eastpark. 6C - SYNTAX CONTRACT - POLICE COMPUTER SYSTEM, #AB91-119 The attached agreement is for purchase of the Syntax Police Records Manager and Crime Tracker'Software. The purchase price is $22,500 and will be paid from State Criminal Justice Funding. This is included in the 1991 budget. This system was selected by the Police Department with assistance of Information Services, after review of several other Police Systems. This software will provide the State required Incident Based Reporting system. Police Chief De1 McNeal stated they had spent some time'working on this proposal and they felt Syntax had a good incident base reporting system and they were looking forward to getting it implemented. Public comment - none. Mr. Waibel questioned why the Information Services Manager had not signed off on the Agenda Bill? Chief McNeal stated Bill Eley, Information Services Manager, had been contacted and he had viewed the proposal was satisfied with the program. They did make some changes in the contract from the original proposal to obtain what was desired. Mr. Waibel questioned how many systems within the City could this program be implemented on? Ms. McCluskeV stated the City will only be allowed to put it on one system with peripheral PC's. Chief McNeal stated the Police Department would be switching from the present tower onto one of their own. Mr. Dawkins noted the system would be initially funded by a State Criminal Justice grant and questioned what would the program cost to run once it was installed? Chief McNeal stated the maintenance fee would be approximately $4,000 per year ($2,000 per year for programming services). As the system is upgraded, the City would receive upgrades. He noted that the City, as a user, would have input on future needs/upgrades. Mr. Dawkins questioned how many cities were using this system? Chief McNeal stated the Syntax System is used throughout the United States and several jurisdictions in the State of Washington are currently using it. #2534 M/S/C/U(Waibel/Estes) to approve the Syntax Contract for the Police Computer System. 8D - ORDINANCE #4323 (SECOND READING) AMENDING AMBULANCE SERVICE REGULATIONS TO ALLOW ALS TRANSPORT, #AB91-111 RCW 35.21.766 provides that when the legislative authority of a city determines that the City is not adequately served by existing private ambulance service it may provide for the establishment of a system of ambulance service to be operated as a City service. The proposed ordinance amends BMC 5.50 to provide that patients in need of advanced life support ambulance transport shall be transported in a public aid car as a standard procedure rather than TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 9 of 19 limited to instances where special circumstances are found. The ordinance sets the initial transport fee at $125, or $175 where service is authorized outside the City limits. The ordinance also makes the private ambulance representative a non-voting member of the Advisory Committee. Mr. Horning stepped down on this issue. Fire Chief Chet Meigs stated last week at the first reading of the ordinance, there were several questions regarding fee setting. Of the two options given, he preferred the following: "The initial rate for the City ALS Transport will be $125.00 for residents and $175.00 for non-residents. The residency shall be presumed to be the patients mailing address unless established by suitable proof to the contrary". President Morton questioned if he preferred this change over what was presented in the original document? Chief Meigs stated what was in the original document could cause, on the Mutual Aid Agreements with other Fire Districts, the Fire IDepartment charging City residents the higher fee, depending on where they were picked up...City limits, non-City limits type action. He believed the one he stated first was the best of the two. If Council found they did not like either option he would then suggest going for "one fee" for everyone. President Hotton questioned if the Ordinance was modified with the suggested change would it change the intent of the first reading? Mr. Sievers stated it would not change the intent and could be passed on second reading. Richard Sears, 9062 Utah St., representing Mr. Littlejohn/owner of Olympic Ambulance Company, briefly covered some of the points he raised at the previous hearing. His initial concern was when the Council considered this issue they had no factual basis for the conclusions that they arrived at that there was inadequate service. The Statute referenced requires some finding by the Council of inadequate service. The facts are, in the course of 10 years that Mr. Littlejohn had served the City of Bremerton, only three residents had come forward testifying that the ambulance service had been late on different occasions. He felt that was far from what he would call inadequate service. The Council is required to find that a substantial portion of the City had not been serviced. The information provided to Council was that sometime during the winter someone experienced a cold ambulance and there was a time when someone had forgotten to change a slip sheet. There was no evidence given that any pedestrians had been run over by an ambulance, no one not being served by the ambulance and no portion of the City where the ambulance drivers refused to go to pick up people. There were some findings noted that the service could be done more efficiently, less expensively. Unfortunately, he found no proof or facts before the board that the service could be done more efficiently and less expensively. Looking at the budget proposed for the first year, the City would be expending more money than funds taken in during that time period. There has been no TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 10 of 19 evidence of what it will cost the City to maintain the ambulances and staff to provide the service. The complaint is that on occasions the ambulance service was late or they charged more than what was necessary when the facts are that the City sets the fee for the ambulance service and Mr. Littlejohn has no independent authority to set his own fees. If the fees are too high, perhaps the City should be elbowing him to lower his fees. If the City is concerned that he may have been late on three occasions, perhaps the City should allow the ambulances to run lights with sirens when he was prohibited from doing so. He seemed to him that if the City was finding the service inadequate it could be pointed to the City's rules that call for these inadequacies that the City is using to find as rational for taking over the ambulance service in this one important area. In fact, the only inadequacies that were found were ones imposed by the City's rules and regulations. The second issue he raised was the question that a municipal government had the authority to provide this kind of service and charge user fees. The argument was made that five other municipalities are, in fact, doing that. He believed that argument was grounded in the fact that no one had challenged it and those are the municipalities who have a Statute that says these funds are to be raised in this way. The assumption cannot be made that a City has the authority to do anything it wants. In fact, the general rule is that municipal corporations are limited to those powers expressly granted to them by the Legislature...that the powers necessarily or fairly implied in or incident to the powers expressly granted. You get to do what the Legislature allows you to do. The Statute before you states you may do a certain set of things and another Statute states how you charge for it. He objected to charging fees to the individual and if the City wants to provide the service based on the Statute cited, you have to give it away or charge Excise Tax, not charge a user fee. In summary, he believed there are serious concerns about the factual adequacy of the City's findings and about their ability to fund this program as proposed...it will cost a great deal more than what is currently planned. He would hate to see the City enter into this unknowingly and face the fact of a project which carries risk and not gain. Mr. Estes stated he had received comments from people in the community who are concerned about payment of this fee. He questioned if it was true that most of these payments would be made through Medicare or private insurance carriers? Chief Meigs stated he would bill the insurance carriers right out front and they will have that information through investigation of the patient. The only real difference to the patient will be if he did not have insurance then the fee is several dollars less than the private ambulance companies. Mr. Waibel stated this is not a new fee, but in fact a reduced fee TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 11 of 19 from the fee now being charged for the service and in fact it is being subsidized by the 25 cents per thousand based on a taxing for residents. He supported maintaining the residential difference in our differential in the ordinance and he suggested "Section 2 Alternative" be the one approved rather than the one in the document at the time of first reading. He noted the City would be more than efficient by the second year of operation of the A1S program. There are inefficiencies and that is the inadequacies being talked about. Mr. Colvin requested Mr. Sievers to respond to the other attorney's allegations. Mr. Sievers stated this was a re-summary of the points made during the last hearing. Briefly, relating to findings of inadequacy, Mr. Sears had overlooked a more fundamental inadequacy in that he is trying to separate vehicles from people in the vehicles and he was not sure that it was a City rule that they be accompanied by a paramedic but it is a reasonable rule. As to the Excise Tax, again, it is not in conflict with State law, that is a taxing authority that we can exercise or not. It was very similar to the gambling tax which has a rider on that tax that it has to be used primarily for gambling enforcement. If we choose not to adopt a gambling tax it does not mean that we can't go around enforcing gambling violations. Mr. Dawkins stated he had always been concerned with the fact that the City may put the private ambulance out of business or create a situation where two ambulances would be speeding to a accident scene to see who could get there first, if the accident was outside the City Limits. He understands that it is impossible to collect some of the fees. He questioned if Council would be getting an update quarterly on how many patients were being transported and the amount of money collected; and will the City collect the funds or will it be contracted out to a collection service? Chief Meigs stated we have a service at the present time with which to do the billing and the update information being' requested should be readily available on a quarterly basis. M/S/C/U(Waibel/Collins) to pass Ordinance #4323, on second reading, with the Section 2 option alluding to the residency as Section 2. Vote on motion: In Favor: Dawkins, Colvin, Estes, Waibel, Collins Horton 7A - SETTING FEES FOR ALS TRANSPORT: AUTHORIZE JULY 1, 1991 START UP DATE: REQUEST FOR BUDGET ADJUSTMENT FOR SET-UP COSTS, AND AUTHORIZE CALL BIDS FOR NEW RESCUE UNIT, #AB91-110 Pursuant to previous Council action, the Fire Department is requesting finalization of the ALS transport issue. Under this Agenda Bill the Fire Department is requesting Council action to authorize the following: -Set fees for transport TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 12 of 19 -Authorize a July 1, 1991, start-up date -Authorize budget adjustment for set-up costs and revenue realization from transport fees -Authorize the Call for Bid for a new rescue-type vehicle Rich Manna, Treasurer, stated this has been dealt with fairly extensively during the Study Sessions relating to the budget adjustment. In response to a point made by Council earlier this evening, the expenditures they are proposing to make with this budget adjustment are for capital equipment and he did not think it would be reasonable by any standard to expect General revenues generated by this program in the first six months to completely amortize that capital investment. The point that we are spending more money than we are making in the first six months would be accurate but he was not sure that it would point to any deficiency in the program that is being proposed. Public comment - none. President Morton pointed out last week Mr. Johnson was looking for an inter-departmental loan to come back this week and she noted this request was not an "inter-departmental loan" request. Mr. Manna stated she was correct - he had consulted with the Mayor, Fiscal and Budget Committee and Mr. Johnson since the last meeting and the result of those discussions was that it was felt the budget adjustment being proposed was a more direct and straight forward way of dealing with this issue. Essentially, what they are proposing to do is to deal with this capital investment for this equipment strictly with General Fund dollars, thereby eliminating the necessity for any kind of inter-fund loan. President Morton questioned once the program was up and running could he tell her how long he anticipated before those fees start coming back to the General Fund? Mr. Manna stated the fees wills be coming back to the General Fund right from the start of the date when services are rendered. Certainly, he would expect a 30-45 day collection lag from the time the service is rendered, a bill is processed and distributed to the recipient. It was his belief that the City would not see a flow of cash into the General Fund possibly up to 60 days after the service was rendered. Mr. Colvin stated he believed it would take a longer period of time to get funds back to the General Fund than that suggested by Mr. Hanna. Mr. Manna stated that was correct, however, the point he was making was there will be a lag while the City does the billing and waits on payment. Mr. Waibel noted Council did have a Study Session on May 6, at which time discussion was held on equipment reserve. He suggested that the ambulance vehicles be put in the Equipment Rental program, providing a very efficient way to make sure we don't have heavy financial impacts in the future. He believed the transport fee would pay for itself basically over the next year and it would be TAPE #920 City Council Reg. Mtg. Minutes May 8, 1991 Page 13 of 19 approximately six months into the next year before this would be recapitalized. M/S/C/U(Waibel/Colvin) to approve the budget adjustment for the Fire Department General Fund from ALS transport fees to Fire Department Capital Equipment Fund. Vote: In Favor: Colvin, Estes, Waibel, Collins, Dawkins, Horton Mr. Horning returned to the meeting 8A - ORDINANCE (FIRST READING) VACATING RIGHT-OF-WAY OF BRENTWOOD CIRCLE, #AB91-120 On May 1, 1991, the City Council held a public hearing to review the petition by the Bremerton School District to vacate the right- of-way of Brentwood Circle within the proposed elementary school site in the vicinity of Carr Boulevard and Harlow Drive. The Council must pass an ordinance to vacate the requested right-of- way. Ron Hough, Planning Manger, stated this ordinance is finalizing the right-of-way vacation for Brentwood Circle that was approved following the public hearing held May 1. There is a condition built in to have the fee paid prior to second reading of the ordinance. Discussion also included having a second condition involving some additional right-of-way dedication on the streets abutting the property. Ian Sievers, City Attorney, stated under Section 2 - Conditions, it should read: "This riqht-of-waV shall be subject to the followinq condition: 1. The applicant shall dedicate additional right-of-way to Harlow Drive, L¥1e Avenue and Carr Blvd., abuttin~ property of the adjoining owner to expand the abutting 1/2 of these rights-of-way to 25 feet. The applicant shall pay additional compensation established by the City Attorney's office prior to second readin~ hereof after crediting replacement right-of-way." This will replace needed traffic circulations on these other rights-of-way for the right-of-way that is vacated. Public comment - none. #3431 M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading, vacating Brentwood Circle with the condition as read into the record by the City Attorney. 8B - ORDINANCE (FIRST READING) AMENDING SECTIONS OF THE BREMERTON ZONING ORDINANCE PERTAINING TO GENERAL PROVISIONS, LANDSCAPING, NONCONFORMITIES, AND ADMINISTRATIVE PROCEDURES, #AB91-121 As part of the 1990 "Zoning Ordinance Refinement and Publication" project, a number of proposed amendments were brought through the Planning Commission to the City Council. The first two groups of amendments were adopted. The third and final group pertains primarily to Zoning Ordinance chapters dealing with general TAPE #921 City Council Reg. Mtg. Minutes May 8, 1991 Page 14 of 19 development requirements, landscaping requirements, nonconformities and administrative procedures. This Ordinance includes all amendments approved by the City Council following its public hearings in January and April, 1991. Following adoption of these amendments, the Zoning Ordinance will be revised and prepared for printing. Public comment - none. M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading, amending certain sections of the Zoning Ordinance of the City of Bremerton, Washington, that pertain primarily to General Provisions, Landscaping Provisions, Nonconformities and Administrative Procedures. 8C - ORDINANCE (FIRST READING) AMENDING PROCEDURES FOR DECLARING A VEHICLE A NUISANCE FOR FAILURE TO RESPOND TO NOTICES OF INFRACTION, PROVIDING FOR PROCEDURES ON APPEAL, AND AMENDING BMC 10.11 OF THE BREMERTON MUNICIPAL CODE, #AB91-122 The proposed ordinance amends the process of appeal for Declaration of Nuisance Vehicle. For each Declaration, the Court office will schedule a date and time for hearing the appeal. This information will be provided in the Declaration as it is issued by the City Attorney. Failure to appear at the hearing will be deemed a waiver of any right to contest the Declaration. The amendment clarifies that the owner of the nuisance vehicle bears the burden of showing that the registered owner did no fail to respond to three or more outstanding parking infractions. TAPE #921 Mr. Estes questioned if this ordinance is approved, will the City be able to impound the vehicles or will it be just another "slap on the wrist"? Ian Sievers, City Attorney, stated the intent is to definitely follow through with impounding these vehicles and there is a real revenue reason to implement the impound. Mr. Waibel noted the City Attorney indicated this would make things easier for the Court and it will also give the person who does have a vehicle that may be in question the opportunity to have a hearing before it is towed away. In addition, in terms of efficiency of towing away, once that hearing is held and found to be a nuisance vehicle they will then not be able to hold up the process by asking for a hearing after the fact. Mr. Dawkins questioned who can write the enforcement ticket? Mr. Sievers stated on this particular grounds for impound, which is a TAPE #921 City Council Reg. Mtg. Minutes May 8, 1991 Page 15 of 19 declaration that it is a nuisance because there had not been a response to its parking infractions, the eventual finding is first generated by the Courts. They have a record keeping system that searches out these outstanding parking infractions, they forward a list to the City Attorney's office who in turn issues a warning letter and a Declaration that is issued later. If the party does not show up with 10 days, then the Court forwards the list to the Police Department and wherever they spot that vehicle parked it would be subject to immediate impound. On normal impounds for junk vehicles or obstructing traffic, the officer on the scene has the right to issue a citation to tag the vehicle and notify Chico Towing to impound the vehicle. Mr. Colvin questioned what Mr. Sievers meant by "impounding in place"? Mr. Sievers stated Ms. McCluskey's department had a device they would use. Kathleen McCluskey, City Clerk, stated that device is called a "Denver Boot", which allows the impounding of the vehicle right where it is parked. The plus side of this device is that it is very visible and people who are chronic offenders will realize the City is serious about following up on non-payment of parking tickets. She noted there is some controversy over "impound in place" and that is why they had not used it before. President Morton questioned assuming this was a vehicle that did have a lot of parking tickets and if the owner moved it off the street do they have to voluntarily give it up? Mr. Sievers stated no, because the nuisance is defined as a public nuisance, using up City streets and it cannot be removed from private property. If the vehicle is continually parked on City streets and is a scofflaw in terms of responding to City infractions, then it becomes a public nuisance. President Morton questioned if a "junk" vehicle would come under this ordinance? Mr. Waibel stated no, this is a nuisance vehicle only because of parking infractions. Mr. Sievers explained relating to "junk vehicles", there are two sections, one that applies to junk vehicles in the right-of-way and the City has the authority to abate junk vehicles on private property. President Morton questioned if the process would become more likened to this? Mr. Sievers stated no, Council has not changed the appeal process and that would continue with the process of tagging the vehicle, if the owner is unable to be contacted then the vehicle is towed. Mr. Colvin questioned once the vehicle was impounded in place, would the ticketing process continue? Mr. Seivers stated no, the vehicle should be removed after 72 hours had expired. Mr. Dawkins questioned who would pay the towing fee if the owner never claimed their vehicle? Mr. Sievers stated the towing company can try to recover costs out of the impounded vehicle. Mr. Dawkins questioned if the towing company had to pick up a vehicle if the City requested it? Mr. Slevers stated there had been some problems with the towing company not getting their towing/storage #0722 TAPE #921 City Council Reg. Mtg. Minutes May 8, 1991 Page 16 of 19 fees out of junk vehicles. Mr. Dawkins questioned if the City might have to come up with some funds to use towards hauling such junk vehicles away? Mr. Sievers stated there hasn't been a need but there may be in the future. M/S/C/U(Waibel/Colvin) to approve ordinance, on first reading, amending procedures for declaring a vehicle nuisance for failure to respond to Notices of Infraction, providing for procedures on appeal, and amending BMC 10.11 of the Bremerton Municipal Code. #1065 #1166 8E - RESOLUTION #2343, RECOGNIZING THE ACCOMPLISHMENTS AND EXPERTISE OF THE CITIZENS OF OAK HARBOR IN SUPPORT OF NATIONAL DEFENSE, #AB91-114 President Hotton stated as many people are well aware, Oak Harbor is on one of the lists for base closures by the National Defense Department. Because Bremerton has similar concerns about Puget Sound Naval Shipyard and other Naval facilities around the area, this Resolution tends to be one of support for Oak Harbor, especially in light of a certain amount of comradery. President Horton requested the City Clerk to read the Resolution into the record. Public comment - none. M/S/C/U(Colvin/Estes) to approve Resolution #2343, recognizing the accomplishments and expertise of the citizens of Oak Harbor in support of National Defense. 8F - RESOLUTION #2344, AMENDING THE BREMERTON COMPREHENSIVE PLAN IN THE HOSKINSON AREA, #AB91-123 A resolution amending the Bremerton Comprehensive plan changing four of the six parcels with in the Hoskinson Annexation area from plan designations Residential 0-7 DU/AC. and Residential 7-15 DU/AC to "Industrial\Business Park". Ron Hough, Planning Manger, stated there was a special hearing held two weeks ago on the Comprehensive Plan Amendment and zoning in order to separate those decisions from the annexation itself, so the applicants would know what zoning would be designated if they followed through with the annexation. The applicants are satisfied with the zoning designation and do wish to continue the annexation process. Public comment - none. M/S/C/U(Horning/Collins) to approve Resolution #2344, amending the Bremerton Comprehensive Plan in the Hoskinson Annexation area. 9A - PUBLIC HEARING ON 7.04 ACRE HOSKINSON ANNEXATION AND FIRST READING OF ORDINANCE, #AB91-124 On July 25, 1990, the City Council gave its tentative approval to TAPE #921 City Council Reg. Mtg. Minutes May 8, 1991 Page 17 of 19 the Hoskinson Annexation; and voted that residents of subject area would assume its share of the City's indebtedness. Additionally, Council approved zoning for the annexation on April 24, 1991 after a Public Hearing. The area has a total assessed value of $327,830. The applicant properties represent a total of 5.73 acres, and 81% of the total assessed value. They have submitted their intention to annex. The Council is to: (1) hold public hearing to accept comments pertaining to the annexation and related matters; and (2) to make a final determination on the annexation before them. (3) Pass ordinance implementing annexation and zoning of the area. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Terry Hartson, Municipal Services Coordinator, pointed out the need to make the following correction to the proposed ordinance: "changing the "R-3" reference to reflect "SF-3". Over the past few months this annexation proposal had been processed through the Boundary Review Board, zoning process and now ready to finalize annexation of 7.04 acres. Tom Deskins, 4625 ll4th Avenue E., Puyallup, WA, stated he owned a small piece of property near the subject annexation area. It was his feeling that he was already getting good fire protection service and police protection from Kitsap County. He questioned if the City could provide better service than what he already had? Currently, he has a septic system to service the mobile home and is hooked into City water. He questioned if he would be required to hook up to City sewer or could he continue to use his septic system? He expressed concern over school children walking in front of businesses that would be located along Arsenal Way. He questioned how many people in the annexation area received notice of this public meeting? He felt there should be a delay in a decision until everyone, who should be informed, were informed. Paul Hoskinson, .919 Weslon Place, one of the proponents for annexation, stated the area is in very active transition. There is a commercial district, confirmed by the County proposed and there had been a somewhat commercial use of the "dance hall" over many past years and the primary reason for requesting the annexation into the City is because any development that occurs, whether commercial, residential or other, would require significant City services. It was Mr. Seisko and his philosophy from the beginning that they should be able to participate in the City process and to best do that they desired to be inside the City limits. It had been his experience in the past, when developing parcels within the TAPE #921 City Council Reg. Mtg. Minutes May 8, 1991 Page 18 of 19 City limits, that some form of sidewalks or other improvements be required and would enhance any pedestrian traffic in the area rather than detract from it. Ms. Martson reviewed the notification process and pointed out there had been three public hearings, including this hearing, and a fourth opportunity when the City applied through the Boundary Review Board. Five percent of the annexation area could have organized and decided to invoke jurisdiction. Neither the Fire District nor Kitsap County made a move to invoke jurisdiction. The Planning Commission held a public hearing and notification of that meeting included all the neighborhood and surrounding area in addition to the people who were actively involved in the annexation. In preparation for this hearing, she had affidavits showing they posted the area, sent notices and published a legal notice of the hearing in the local newspaper. In answer to the question regarding response time for fire service, it was true there is a volunteer fire station located closely to the properties. However, if someone had a medical emergency those services would originate from District #7 out the South Kitsap area, with a probable response time of over 10-minutes. The City's services are 24-hour services and would truly provide a benefit to the people within the annexation area. In regard to police service, the Sheriff's Department is designed more for rural communities and provides one police officer for 2,000 residents. The City of Bremerton's Police service allows for one officer per 680 residents. The west side Police Precinct is located approximately four blocks from the annexation area and is set up to cater to the needs of an urban area. All the needs, such as planning, traffic, etc., because of the urbanized state of their area, would all be met by the City. At this time, sewer service is not available to the annexation area and there is no requirement to hook up to sewer simply by annexing into the City. If, for some reason, the septic system was not functional and the Health Department required that hook up be made to the City, the cost would be lower than if one were a County resident. When a County resident hooks up to the City's sewer system there is a 50% surcharge and 15% by-monthly billing charge. In reference to the proposal for a new entrance into Bremerton, another public hearing is scheduled in the future. Mr. Collins noted there were several telephone poles near Mr. Deskins' property that were posted. He questioned if there was anything more that Ms. Hartson could have done to notify the public of this annexation action? Ms. Martson stated she did everything possible to notify the public who would be affected by this annexation proposal. Mr. Dawkins asked if a notice was mailed to the registered landowners? Ms. Hartson explained they used the names and addresses out of the County Tax Assessors' office. #2227 #2248 TAPE #921 City Council Reg. Mtg. Minutes May 8, 1991 Page 19 of 19 M/S/C/U(Collins/Colvin) to approve the annexation petition for the area designated as the Hoskinson Annexation. M/S/C/U(Collins/Colvin) to approve ordinance, on first reading, annexing approximately 7.04 acres in the vicinity of Arsenal Way and Marion Avenue, known as the Hoskinson Annexation, rezoning said property and fixing the effective date of annexation. With no further business meeting adjourned to Executive Session and study session at 9:00 p.m. KATHLEEN L. MCCL~ CITY CLERK APPROVED L~~T , Council President City of Bremerton KLM/LH/eh cc: Normal Distribution File/Vault