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HomeMy WebLinkAbout06/12/91TAPE #928 UNAPPROVE' ~RAFT CITY COUNCIL MEETING MINUTES jUN 6 JUNE 12, 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, June 12, 1991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and Acting City Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by President Lynn Horton and the Invocation given by Reverend Clinton McCrea of Emanual Apostolic Church. President Horton announced Council would hold a"continued" Study Session immediately following the Council meeting, and an Executive Session following the Study Session to discuss "litigation". CONSENT AGENDA A. Minutes Of Meeting - May 29, 1991, #AB91-151 #0117 M/S/C/U(Waibel/Estes) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing that has been made available to the council. #0154 M/S/C/U(Colvin/Dawkins) on June 12, 1991, the Council does approve for payment those vouchers included and further described as follows: 130883 through 131051 in the total amount of $456,238.18 and Regular Payroll for the ending period May 31, 1991, in the amount of $437,976.16. COUNCIL MEMBER REPORTS Mr. Johnson reported on progress being made on a crosswalk between the Oyster Bay Plaza and Yees Restaurant on Kitsap Way. He noticed the stop lights looked ready to activate and he cautioned drivers to be aware of this new signalization. He had heard rumors that the Chamber of Commerce is planning to hold some type of meeting and presentation concerning a new type of City government that is being proposed. He noted that meeting is scheduled when the Mayor and several City Council members will be out-of-town. He had hoped to participate but would not be available at that time. Parking - Mr. Johnson stated having been a victim of a parking ticket it becomes a personal issue and because of the City's costs for him to challenge that ticket, he elected not to incur that cost. He did TAPE #928 UNAPPROVE' 9RAFT not understand what was really happening, as it related to the Assistant City Attorney's recent situation in Municipal Court. He questioned if there was some bad language in the City's ordinance or an administrative problem? Unless Council objects, he would like to ask the City Auditor to take a look at this matter and get a good understanding of how to correct it. He noted many cities in Europe have a Patron Saint and he wasn't sure if Bremerton would ever have one, but if it could happen he would like to nominate St. Patrick. Mr. Colvin noted there are several groups talking about changing the form of government in Bremerton and he will be attending one of those meetings on Thursday, June 13. He introduced Lions Club member Mark Williams to finish his report. Mark Willjams reported last Friday night he was inducted as the 66th President of the Bremerton Central Lions Club. The Club's motto is "We Serve" and is comprised of 140 members dedicated to community service. This past year their organization donated approximately $35,000 to needs within the community. He emphasized how the Bremerton Central Lions Club was looking forward to working with the City and community in the future. He invited anyone interested to join their organization. Mr. Estes stated there is a small group of people who meet at the E1 Camino Restaurant, 6th and Callow, every Wednesday morning at 7:30 AM - "The Chamber Roundtable". Next week they plan to introduce the three groups proposing a change in municipal government. He noted perhaps this would set the stage for other public meetings so that the public can become aware of the issues. He referenced a statement made during last weeks Council meeting that he was irresponsible in making statements before the Council. His response to that comment is as follows: if he sees a problem it is his philosophy to bring that problem out into the open, try and identify it and then work up a solution to solve it. He believed it was totally irresponsible to sweep a problem under the rug and when these problems are solved, the image of Bremerton will take care of itself. He commended the Bremerton High School Band for the wonderful job they did in playing four National Anthems during the Warspite ceremony. Mr. Homing announced Bremerton High School's graduation will be Thursday, June 13. He noted if you wonder if our educational system is working...the 1991 class of Bremerton High School received in excess of $795,000 worth of College Scholarships. He expressed how proud he was of this accomplishment. Mr. Waibel noted if you wonder if our investment in young people had paid off...up until two years ago the scholarship amount had been less than $100,000 every year. Last year, after the community's investment in the new High School, the scholarships amount to 2/3rd of a million dollars. Mr. Collins announced the Bremerton High School Band is in dire TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 3 of 15 need of help to get them to Washington D.C., for a 4th of July celebration. He strongly suggested that the citizens of Bremerton look a little deeper and give these young people some financial assistance. President Horton reported that any donations towards the Band's trip could be declared as "tax deductible". PUBLIC RECOGNITION Mayor Mentor announced on Friday, June 14, at the Bayview Inn, there will be a fund raising dinner for the Bremerton Knights Band. Cost of the dinner is $17.50 per person if tickets are purchased at the door or $15.00 per person if purchased prior to the event. Dinner will be served from 6:30 PM and musical entertainment provided by "Blues Brothers Band". Also, he participated in the School Patrol recognition event - Pizza feed at Tony's Pizza on Saturday, June 8. He announced today was the Grand Reopening of the Payless Drugs on Wheaton Way and the new store is beautiful. He encouraged everyone to go out and see the changes made. The Payless Manager commented to him that the contractors had commented how easy it was to work with the Building and Planning Departments of the City. On June 15, 11:00 AM there will be a "Welcome Back Troops" Rally at 15th and Lincoln and will parade down to Memorial Field. In reference to parking tickets, he became aware of a system in California where certain tickets that were minor infractions provided a choice to pay a certain amount of money or set a Court date or make a plea by mail. If a plea was made by mail, a Judge would read the statement and then mail back his verdict and whether or not there was a fine. If the mailed plea method was selected, then it was agreed that there would be no further appeal process for that particular infraction. He noted he was involved in that process twice and it worked quite well. Since he was impressed with that process, he is looking into the possibility it may work in Bremerton. Lastly, he announced the Flag Day Ceremony will be held on Friday, June 14, 3:00 PM, at City Hall Park. Mayor Louis Mentor read a Proclamation proclaiming June 14, 1991, as NATIONAL FLAG DAY in the City of Bremerton. Don Larson, President Of Kitsap Diving Association, brought to the public attention the June issue of OUTDOOR NEWS and an article covering the Clean Up along the Bremerton waterfront. He supported the requirement that the City provide public beach access as part of their Shoreline Management Plan. He announced "Coastweeks" will be having a meeting on September 6-7, Tacoma, WA., dealing with public access to waterfront areas. Additional information can be obtained by calling 943-0394. He also announced the publication "UNDERWATER USA" will be publishing an article on Kitsap Diving Association this fall. The Dive Club is working toward the creation of an underwater park. He suggested a good site for this type park would be on the port side of the Turner Joy. TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 4 of 15 Sean Newsome, 128 N. Cambrian, stated during the June 3 Council Study Session he suggested that the City place for public viewing a detailed drawing of the proposed new entrance into Bremerton. As of this date, he had no idea if this was being done or planned for. He was concerned that the maps that are currently available do not really depict the impacts such a project would have on the local residents. He suggested including in such a public display the time table of the project and who people could contact should they have questions or input. He also requested the City Council propose the criteria for the project - what is being proposed seemed direct opposite to what the City should be addressing. Therefore, he requested that the City Council/Mayor publicly state the criteria for this project so the public has a better understanding of the City's intent. President Horton requested the Acting City Clerk to contact Mayor Mentor regarding this concern. 6A - CHANGE ORDER NO. 4, CONTRACT #3087, C17/SCHEDULE A - CENTRAL BREMERTON WASTEWATER IMPROVEMENTS PROJECT (OLYMPIC WESTERN COMPANY), #AB91-152 The Change Order provides for the following changes as noted: Item #1 A. Modification of Discharge Piping B. Installation of a printer at the Wastewater Treatment Plant C. Additional excavation, debris removal and back fill D. Removal of Viewing platform foundation structure E. Revision of flagpole base installation Total: $14,000 Item #2 - Time extension No Charge Item #3 - Revision of contract completion date No Charge Item #4 A. Substantial Completion Date B. Completion in all respects C. Final Contract price May 29, 19990 September 28, 1990 Final Contract Price Sales Tax (7.8%) TOTAL $914,383.00 71,322.65 $985,715.65 TOTAL AMOUNT OF THIS CHANGE ORDER $14,000 TOTAL AMOUNT OF CHANGE ORDERS TO DATE 20,975 ADJUSTED CONTRACT TOTAL $914,393 % CHANGE 2.3% Bill DuffV, Utilities Director, explained this is the last change order in about 23 projects that started several years ago. To date, they had awarded in excess of 23 contracts totaling more than TAPE #928 ~ City Council Reg. Mtg. Minutes June 12, 1991 Page 5 of 15 35 million dollars. With the exception of adjusting the Engineering contract, this should be the last and final change order on those projects. Public comment - none. Mr. Overson noted it appeared the City was getting a "good" deal on the low cost of the change order for the work being done. Mr. Duffy noted the City was presented with a claim in excess of $80,000 and through negotations for settlement brought the amount down to $14,000. #1076 M/S/C/U(Overson/Estes) to approve Change Order No. 4, C17/Schedule A, Contract #3087 and authorize the Mayor to execute the same subject to City Administrative Policies and Procedures. 6B - SURPLUS OF CITY VEMICLES, #ABgl-153 The City has several vehicles which have reached the end of their useful lives and are now surplus to City needs. A declaration of surplus is necessary to allow disposal. Rich Manna, City Treasurer, requested in addition to the vehicles listed that two vehicles be added: 1983 Chevrolet Van #1056; 1978 Cushman Scooter #1436. Public comment - none. Mr. Dawkins questioned if the vehicles were disposed of through an auction? Mr. Manna stated typically the City will solicit in the community the fact that these vehicles are available and make an attempt to sell them. However, if the City was not successful in disposing of them in that manner, then they would be sold through the auction process. In efforts to sell them ourselves, the National Automobile Associations "Blue Book" price is used as a guideline. Also, input is solicited from the City's Vehicle Maintenance Contractor, who has a good idea of the current market value. Mr. Morning questioned how the "Vehicle Numbering System" worked? Mr. Manna stated the first two digits are indicative of the Department to which the vehicle belongs and beyond that is an arbitrary assignment of numbers. Mr. Morning questioned if the same number was assigned to a new vehicle? Mr. Manna stated the intent is to not use the same number immediately, however, they will be reused later one, leaving a 3-year vacancy so old maintenance records will pass out of the computer. Mr. Overson questioned why the "Van" that was added to the list was not classified under the Police Department's number? Mr. Manna stated when the van was originally purchased Animal Control was not TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 6 of 15 part of the Police Department. Mr. Overson questioned how the City stood on the standard for vehicles? Mr. Manna stated the only standard he was familiar with was the Council directive relating to the number of vehicles in the Police Department. To that end, there will be no change in the total vehicle count. The Police vehicles that are being eliminated at this point will be replaced later this month as the new Chevrolet patrol vehicles are delivered. Mr. Colvin questioned if a citizens within the community was interested in the sale of these vehicles, how do they learn of their availability? Mr. Manna stated the most convenient way would be the "public" declaration of surplus in the form of a City Council meeting. Typically, the vehicles that have been surplused are not of sufficient value to incur expenses for marketing. #1290 M/S/C/U(Dawkins/Colvin) to declare Vehicles Nos. 1056, 1833, 1834, 1905, 1846, 1411, 1417, 1418, 1436, 3034, 3010, 3012 and 3021 surplus to City needs and to direct that they be disposed of in the best interest of the City. 6C - BUDGET ADJUSTMENT REOUEST RELATING TO THE TELEPHONE SYSTEM UPGRADE, #AB91-154 Staff research conducted after approval of Budget Adjustment No. 90-1 has disclosed problems which were not known at that time. As a result, an additional appropriation of $10,000 is requested to complete the telephone system upgrade. Rich Hanna, City Treasurer, pointed out a memo from Allen Jacobs, Electronics Division, included in the Agenda packet detailed the problems discovered based on their additional analysis. Police Chief De1 McNeal stated when the phone system was originally discussed, the City was advised by the Phone Company sales representative that a voice mail box would do everything a dictating system would do. However, as this was analyzed they found that a voice mailbox was like "dropping something in a hole and how ever it is taken out of that hole is how you get it". The dictating system offers the opportunity to provide input and then how it is extracted is determined by the user. When discussing the two types of systems, it was determined that only under the dictating system supervisors could go into the system and reprioritize reports if needed. Considering the information that came out of the analysis, they requested additional information on the two systems and determined which would provide the best service to the department. Public comment - none. Mr. Overson explained Council's Fiscal and Budget Committee had TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 7 of 15 reviewed this item and Option #1 would provide the City itself with the phone message system. Therefore, it is up to Council to determined if it would be worth the increased costs. President Morton questioned if Option #2 was selected was it known how difficult it would be to upgrade it to Option #17 During discussion of this item at the pre-Council Study Session the need for the dictation system was stressed, however, no one was quite sure whether or not the voice mail program was really required at this time. Chief McNeal explained the voice mail program could be added to the City's phone system at any time. But, the advantage of putting it all together as a package would result in a better price for that upgrade. Mr. Johnson questioned if there was any discussion during the Fiscal and Budget Committee regarding the number of relative minor Budget Adjustments coming through for amounts like $10,000, yet there are significant number of positions that have been fully funded and authorized from January 1, and only some are just coming on now board now. He questioned why couldn't the Mayor reallocate that money within the Administration and not be asking for changes to Ending Cash? Mr. Overson stated it was his understanding that was what was being done. Mr. Manna stated that was correct, in this particular instance the request identifies using the Capital Reserve Funds of General Fund monies. Mr. Johnson's question of availability of General Fund money based on the different positions does provide another source of funding that could be utilized. Even if those unfilled position funding source was used, it would still require Council approval due to the current Budget Control Ordinance does not allow the Mayor or himself sufficient latitude to do that without Council approval. Mr. Overson stated the intent is that at the end of June to review the City's income and expenses for 1991 - to identify funds that would be potential for inclusion in the Capital Reserve as results of flexes in the budget. Mr. Johnson stated he was concerned with the proper management of those unfilled position funds and did not want to see them disappear by the end of the year. Mr. Manna stated this proposal was continuation of the very first budget adjustment proposed in the 1991 budget. Mr. Collins questioned what was "voice mail" and why it was needed? Chief McNeal stated it was an answering machine that would allow messages to go into the system by manipulating the phone keys. The importance of this system to the Police Department are as follows: (1) Crime Stoppers program is starting and utilizes the system of people calling in and leaving tips for the Police Department. With the voice mail program people could be directed to specific interest areas to deposit their information. This could not be accomplished through the basic phone recording answering machine. (2) This program would also be available 24-hours per day and not TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 8 of 15 be limited to the 8-9 hours that someone is actually answering the phone. Mr. Collins questioned if voice mail was needed throughout the City? Mayor Mentor explained there were a number of another uses for such a system, for example the Parks Department where specific information on a variety of activities could be programmed and provided to the public without the involvement of an employee. If that caller desired to speak to an employee, then the system could be programmed for them to do that. Mr. Johnson explained how such a system would assist the Council office in spreading messages out to individual Council members. Chief McNeal pointed out that access to such messages could be generated from home phones. Mr. Morning stated he supported the intent to review the 1991 budget and refill the capital expenditures. Mr. Overson stated he was concerned over a statement listed in Option #1: "This oDtion will add a small voice mail system to this new phone system. The voice mail system can be expanded in the future, as the City's voice mail requirements increase." This being a small system, which states to him that it is not a full system it will not meet all the requirements of the City's voice mail requirements. He questioned what does it cover and what does it not cover? Mr. Homing pointed out that Option #1 was the best of the two options presented. He was sure that Allen Jacobs could pursue that question and provide a response. Mr. Overson questioned if anyone knew how long it would take to get this system up and running? Chief McNeal stated he could not say how quickly Electronics could get their system ready, however, Dictaphone was the low bidder on their equipment and it would not take long for them to set up the Police Department's portion of the system. President Morton noted the Chief stated the $70,000 was a packaged bid price. Mr. Waibel stated it was not known whether expansion will cost any more real dollars or just Electronic personnel time. He desired quick answer to the questions raised as to who wouldbe on the system and when, if approved. #1815 M/S/C/U(Horning/Collins) to approve Budget Adjustment No. 91-1a (Option #1). President Morton noted since this system seems to have had difficulty in making it from where we were in November to where we are at this point, she wanted both the Mayor and City Treasurer to review the policy on how in-depth the Departments go into a capital item they would like to present for the budget. Obviously, there are a lot of questions on this issue that need to be answered and this may be an isolated case, however, if not then she would like to get better direction to the Department Heads what to look for TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 9 of 15 when going into capital issues. Chief McNeal stated initially they had looked only into a dictating system and then voice mail came into the discussion and it was felt that Council needed to be brought back into the decision making process. 6D - BUDGET ADJUSTMENT REOUEST FOR PURCHASE OF THE FOURTH STREET BUILDING, #AB91-155 Council approved acquisition of the Fourth Street Building at the May 15th meeting. The budget adjustment proposed will provide expenditure authority for the transaction. The source of funds will be $100,000 from General Reserve and $700,000 from financing. Money will be expended for purchase, renovation and remodeling as presented in the financing plan. Public comment - none. Mr. Johnson questioned if the financing plan and the amount of the bond would be of sufficient amount to reimburse the General Fund expenditures made in the interim time and if not could it be? Rich Hanna, City Treasurer, stated he did not anticipated having the financing in place at the time of closing on the purchase of the building. The purchase price was only $475,000 out of the total of $800,000 for the entire project. In the interim, between the time of closing and the time the actual financing will be arranged, they will be using General Fund surplus cash. It is not his intention to pay interest to the General Fund from this project, the reason being that it is the General government nature of the intended use of the building and is an appropriate cost of the General Fund. Mr. Johnson felt that General Fund monies were difficult to come by and there are funds set aside for just "capital" uses and this is a capital type project. Mr. Hanna stated in the immediate context the only funds they actually expect to expend prior to financing is the purchase price of the building. He felt the Mayor would be directing staff to call for bids and drafting up a scope of work, but not expending a significant portion of the funds until financing is already in place. Mr. Johnson stated he desired to have the bonding be large enough to cover the reimbursement of those General Fund monies. Mr. Hanna stated that was his intention. Mr. Estes expressed concern over an item on the Financial Analysis: "Apply Permit Center Payment & Utilities $25,000, annually". He felt this would not be done the first or second year and that it should be deleted. Early on in discussion over this item, it was his and other Council members' understanding that the Permit Center would remain at its current location, however, at the pre-Council meeting they were informed this was not true. Mr. Hanna stated he recalled the discussion took place in the Study Session where they were discussing the financial solution and how the annual cash flow would work. It was the intention that the Permit Center would stay #2451 TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 10 of 15 in City ownership but the Planning and Engineering Departments would not remain there as tenants. If it is Council's intention that those two departments remain in the Permit Center and not be relocated to the 4th Street Building, then Mr. Estes' comments are correct. But, it was his and the Mayor's understanding that those two departments would be relocated from the Permit Center into the 4th Street Building. And, the Water Utility, who is the owner of the Permit Center building, would Seek other tenants. General Fund monies currently being expended in payment to the Water Utility would be redirected to the new building. Mr. Estes stated that was not his understanding. Mr. Colvin felt the City would save money by putting money back into the 4th Street Building rather than paying the Utility. Mr. Manna stated that was correct and they were illustrating that in the Financial Analysis. By deleting the stream of payments currently dedicated to paying off the debt owned to the Water Utility for the Permit Center and reallocating those funds to reducing the debt incurred for the purchase, renovation and remodeling of the 4th Street Building, they would become one of the funding sources for meeting those requirements in future years. Mr. Morning questioned what is the monthly payment currently being made to the Water Utility? Mr. Hanna stated there is a 20-year amortization schedule and the amount is approximately $22,000. Mr. Morning pointed out only $3,000 of that amount could be identified as cost of utilities. Mr. Hanna stated that was correct. Mr. Homing stated he heard the discussion the same as Mr. Estes. He still supported the idea that free enterprise would have been a better purchaser of this building but he is being reassured that in the long-term the purchase would be appropriate. He was not in favor of moving the Permit Center to the 4th Street Building. Mr. Overson stated he felt the City would lose money on the Permit Center...maybe a good idea at the time. He was not convinced that this proposal is in the best interest of the City' capital long- term and was concerned that what is happening is someone's opportunity to come up with reasons to use it and they may be incorrect. Mr. Collins pointed out on May 15, 1991, Council gave its approval for the Mayor to pursue purchase of this building, now he is hearing comments that some may have second thoughts. He urged Council to carry through what they started. Mr. Dawkins stated when the Permit Center was started not much was happening in the downtown area and maybe it was the catalyst for other things happening in this area. M/S/C(Dawkins/Colvin) to approve Budget Adjustment No., 91-10 for acquisition of the Fourth Street Building. TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 11 of 15 Vote: In Favor: Opposed: Dawkins, Colvin, Johnson, Waibel, Collins Overson, Estes, Horning, Horton 6E - PROFESSIONAL SERVICES CONTRACT HDR ENGINEERING, INC./UPDATE UTILITY'S WATER SYSTEM COMP PLAN, #AB91-156 The Utility, pursuant to Chapter 248-54, WAC, Public Water Supplies, has a requirement to revise and update its Water System Plan. The Utility's Water System Plan was last updated in 1982. WAC 248-54-065 requires the plan be updated every five years. Updating of the Utility's plan has been delayed pending promulgation of the State Safe Drinking Water Act rules and regulations. When completed, the Water System Plan will provide guidance for the Utility in meeting the requirements of the Safe Drinking Water Act for unfiltered surface supplies and will outline a capital improvement program for the Utility to replace agreed infrastructure and add facilities to meet additional growth the Utility is experiencing. Attached for City Council's consideration is a professional services contract with HDR Engineering, Inc., for providing engineering services to update the Utility's Water System Plan. The estimated cost of these services is $157,000. Bill Duffy, Utility Director, acknowledged that Councilman Dawkins was one of the original participants in the wastewater project. This proposal is a requirement of the State and it will actually be a complete rewrite of the City's plan that will incorporate many of these new regulations to include surface water treatment rules, conservation activities, cross connection, etc. With regard to a comments during the Study Session, he did looked at the critical path and it appears it is a generic software program. Public comment - none. Mr. Johnson stated he wanted to make sure in the scope of services that the following concerns, of a policy nature, are addressed: (1) will it provide sufficient information to properly define our current and maximum or preferred service areas in the future. This is something the City, working cooperative with the County, needs to identify for both wastewater and fresh water to determine the urban growth area; (2) he heard there are significant benefits to a diversion of the Gorst Creek to protect it in the future and have it available as an emergency or back up water supply; (3) whether or not there is substantiation for the City's surface water claims in the Olympics and the Hamma that will help in our discussions with the State; (4) justification to avoid implementation of a drinking water filtration plant. Mr. Duffy stated the majority of TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 12 of 15 those issues are being addressed in the preamble of the contract. They have had discussion with regard to SHB 2929 regarding urban growth and they need to incorporate those elements into the plan, which has to do with service areas and service to those urban growth areas. In regard to the Gorst Creek supply, this was a supply the City formerly used, however, due to water quality problems it was discontinued in recent years, except in an emergency situation. He is counting on using that source in the future. Regarding surface water in the Olympics, that issue will not be addressed in this plan, however, some of the State-wide water studies will address it along with allocation of water. Water treatment plant - this issue is being worked on right now, a contract was awarded several months ago with regard to taking a look at the McKenna Falls .facilities. Council did adopt a Resolution supporting the intent to remain unfiltered and he has moved along with several studies and planning that will come back to Council in several months for review. Mr. Overson questioned if other Water Districts around the area are being required to do the same thing? Mr. Duffy stated yes, all public water systems, based on their size, are required to put together either a Comprehensive Plan or Engineering Report. The Department Of Health must approve the scope of work and the finalized plan before implementation. Mr. Overson questioned if there was anything in this plan that would insure the City's plan coordinates and/is compatible with the other Districts' plans? Mr. Duffy explained the plan is presented to all public agencies as well as the City Council for a formal review process. Other Water District plans have been presented through the Kitsap County Water/Sewer Technical Review Committee, which he serves as a member, and he does have copies of other plans. He will incorporate that information into the City's plan. The "growth areas" will be the most difficult to deal with in this plan. Mr. Johnson questioned if the CAD systems were compatible throughout the jurisdictions in Kitsap County? Mr. DuffV stated some are, particularly those adjoining the City's water system. The City tries to construct its infrastructure so that it is compatible along with inner ties for emergencies. He explained the County was not in the Water System business, however the PUD is. Mr. Overson pointed out the draft plan was due December 1991 through February 1992 and questioned if Council would have the opportunity to review the draft? Mr. Duffy stated yes, he anticipates putting together a Study Session this fall to get input from Council. Mr. Colvin questioned if there was a penalty for not reviewing the plan every five years? Mr. Duffy stated the City did petition the State of Washington when the first 'due date expired and the City received a waiver based on the County-Wide Ground Water Plan being #2947 TAPE #928 City Council Reg. Mtg. Minutes June 12, 1991 Page 13 of 15 developed as well as the Safe Drinking Water Act. The State was not sure where it was going and at that time it would have been a waste of the City's and State's time to develop a plan only to see it changed in six months to a year. Mr. Morning stated he felt the proposal was an excessive amount of money but typifies the State's perspective on how local government, including Water Utilities, spend our money. However, the City is obligated to proceed. M/S/C/U(Horning/Estes) to approve award of the contract for professional services to update the Utility's Water System Comprehensive Plan to HDR Engineering, Inc., in the amount of $157,000 plus tax, and authorize the Mayor to execute said contract subject to City Administrative Polices and Procedures. 7A - ORDINANCE (FIRST READING) PROPOSED AMENDMENT OF BMC 7.04 AND 7.08 REGARDING ANIMALS AT LARGE AND DETAINING OF DANGEROUS DOGS PENDING HEARING, #AB91-157 Amends BMC 7.04.200 to change definition of "at large" to be consistent with 7.08.100(a) "Animals at Large". Adds a section to 7.08.200 to allow City to detain a dog declared dangerous until the outcome of any appeal is decided. Jim McNamara, Assistant City Attorney, stated there is currently an inconsistency in the City's Animal Control Ordinance. The current definition of animal "at large" includes the language" .... whether by leash or otherwise", which presents a problem when the ordinance also requires that animals be restrained by leash. The proposed change would delete the words" .... or otherwise" and add the word "physically" under Section l(c). Under Section 3, there is a procedure for when a dog is declared dangerous the City Animal Control Officer is given authority to impound such a dog pending hearing and pending the owner demonstration of implementing measures that are required if the dog is declared dangerous and the Hearings Examiner upholds that finding. In the past, there have been three dogs that were declared dangerous and either they lost their appeal or didn't appeal and the dogs have disappeared. The intent of the proposed change under this section would enable to the City to know where such animals were being held until the issue could be resolved through the appeals process. Public comment - none. Mr. Homing questioned if an animal is on private property without a leash is that "at large"? Mr. McNamara stated no, he also added a provision that if one's dog is in their neighbor's yard and there with the neighbor's permission, it is not at large. Now, it stipulates "on public property or private property without the private property owner's permission". Mr. Homing questioned if TAPE #928 ' City Council Reg. Mtg. Minutes June 12, 1991 Page 14 of 15 this would then require that cats be leashed? Mr. McNamara stated there has been exception made under the provision for "animal at large", for cats and trained birds. Mr. Estes questioned if the planting strip in front of a residence is considered part of the owner's "yard" or is it public property? Mr. McNamara stated he would have to examine the property plat to see whether it was included as part of the owner's property. If it is public property, then the animal cannot be allowed to roam freely and is required to be on leash. Mr. Estes felt if the owner maintained the planting strip then it should be considered part of the "yard". Mr. McNamara stated dogs should not be in a location where they could harass pedestrians. Mr. Dawkins stated people use Evergreen Park as a dog run and he questioned if the ordinance, as amended, would help alleviate the problem of dogs using the park as a public restroom? Mr. Mc~amara stated the animals will be required to be on a leash and there are restrictions under the City's Public Health Ordinance to address that problem. Mr. Johnson expressed concern that someone could bring their dog, which was on a leash, into his yard and he was not pleased with that situation. Mr. McNamara stated Mr. Johnson might have some basis for a trespass issue, however, the intent is if the Animal Control officers see an animal running at large they will be able to cite the owner. Mr. Johnson questioned if a dog is running loose, how do you report that so that someone can respond quickly? Mr. McNamara stated you can report it and it then becomes a matter of proof by the person making the report. What they have done in the past, is the complainant testifies in court that they recognized a specific dog and they know who it's owner is. The Animal Control Officer can also testify that they are familiar with that dog and other dogs in that area. Mr. Johnson pointed out someone could also take a picture of an offending animal and use that as evidence. #3280 M/S/C/U(Overson/Collins) to approve Ordinance, on first reading, amending Bremerton Municipal Code Chapters 7.04 and 7.08. TAPE #928 ~ City Council Reg. Mtg. Minutes June 12, 1991 Page 15 of 15 With no further business meeting adjourned at 7:15 p.m. APPROVED LY~~HOR~O~ ,~ Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault RICH HANNA, ACTING CITY CLERK