Loading...
HomeMy WebLinkAbout12/12/90TAPES #876 & #877 UNAPPROVED DRAFT DRAFT APPROVED DECEMBER 16, 1990 BREMERTON CITY COUNCIL MEETING MINUTES DECEMBER 12, 1990 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, December 12, 1990 at 5:30 p.m., with Council Vice President Morrie Dawkins presiding. Council members present were: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, A1 Colvin, Russ Johnson and C. R. "Tiny" Collins. Council President Lynn Horton was absent. Staff present were City Attorney, Ian Sievers and City Treasurer, Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council Vice President Dawkins and the invocation was given by Rev. Bill Wambsganss, of Westside Baptist Church. CONSENT AGENDA A. Minutes of Meeting - November 28, 1990 #AB90-301 #0038 M/S/C/U (Waibel/Collins) to approve Consent Agenda as presented. CLAIMS/CHECK 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. #0069 M/S/C/U (Colvin/Estes) on December 12, 1990 the Council does approve for payment those vouchers included and further described as follows: payroll register for November 30, 1990 in amount of $384,261.39. Vice President Dawkins stated there will be an executive session following item 7B regarding possible litigation. COUNCIL MEMBER REPORTS Mr. Estes discussed efforts that are underway to clean up Bremerton. He stated some buildings have been condemned. More legislation is needed to take care of more structures. He stated for Bremerton to be the number one city they have to take care of some unsafe housing. Mr. Estes stated on Thursday, 6:30 - 9 pm at the Lincoln Avenue Bible Church, the Youth in Government Program will have legislature night. Some State Legislators will be present to answer questions. Mr. Estes stated the youth in this program are our future leaders. Mr. Horning stated he participated in a group bringing two Indian Tribes to the table as they begin their community processing for planning and transportation as they move into 1991. He stated it Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 2 of 18 is interesting how the different governments work. The Indian Tribes are Federal Reservations and they have people who want to work with the PSCG. Mr. Horning also participated in a discussion of school impact fees. HB 2929 allows for significant opportunities for roads, schools, fire district, parks, to have impact fees on development. They need to be careful to give to schools, etc. the monies they need to do the job properly, but it has to be balanced with the need to house the future generations. Negotiations have started and Sub-regional Council of Governments will be addressing that as they move further into the next year. Mr. Johnson discussed an upcoming Channel 29 telecast on Thursday, December 20 featuring a panel discussing Bremerton Housing Program. Mr. Johnson discussed the Legislative Meeting held this morning in City Hall. He stated the legislators are very supportive of Bremerton. Approximately 30 issues were covered in the 3 hour meeting. Mr. Colvin stated he received a call from a local downtown businessman and he wanted Mr. Colvin to know his business is thriving and that rumors that downtown businesses are not doing well is just that, rumors. Mr. Collins wished his Swedish friends a happy holiday on Thursday, and reminded everyone that is also the first of the 12 days of Christmas. Mr. Waibel stated he and other Council members and representatives of the business community and PSNS meet with Representative Norm Dicks last Thursday. Mr. Dicks is very supportive of Bremerton's housing problems. He will be at a retreat on Thursday and a letter from the city with their requests will be submitted to Mr. Dicks at that time. PUBLIC RECOGNITION Mayor Mentor read a proclamation proclaiming Monday, December 10, 1990 as International Human Rights Day in Bremerton. No one was present to accept the proclamation. Betty Mahan, 801 llth St., discussed the closing of her apartment building at 1018 Burwell by city officials. She stated her low income tenants have been forced to vacate the premises. Ms. Mahan submitted a letter to Council which she read. This letter is on file in the City Clerk's office. Mr. Dawkins asked Ms. Mahan to meet with Mayor Mentor and appropriate departments and notify Council of the outcome of those meetings. Ms. Mahan stated she has already met with the Mayor and other city officials. Mayor Mentor expressed opinion this is not the time or place to debate this Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 3 of 18 issue. The Mayor did state when the city is called in to inspect a building and they find what is considered life threatening defects, they are forced to act. Helen Achterman, Director, Literacy Council of Kitsap, invited everyone to their Open House on Tuesday, December 18, 2 - 6 pm and thanked the city for the space in the 5th Street Library. Del Knauss, Bremerton, shared with Council, in detail, information about the University of Washington's new transportation plan they are developing to solve their expansion problems. Mr. Knauss suggested City officials and Council members look into the University's plan as a guide to help with Olympic College's expansion problems. Gordy Byrd, 402 Chester, stated as of 4:00 p.m. today, he has raised $10,188.11 toward the shelter for the homeless. He thanked everyone, especially Councilman Dawkins, Bremerton/Kitsap Association of Realtors, Land Title and Ticor Corporation for their efforts in raising $2,773.36 at the Kitsap Golf and Country Club auction. 6A - INTERLOCAL AGREEMENT FOR CENCOM SERVICES - #AB90-302 The proposed Interlocal Agreement is between Kitsap County and the City of Bremerton. In consideration of monthly allocated payments from Bremerton, the County shall equip, operate and maintain facilities necessary to provide efficient emergency communications to Bremerton. The County would receive emergency and assistance calls, dispatch emergency units, maintain copies of records and dispatch such information as needed. Mr. Sievers stated this has been returned by Council request to remove some additional last minutes changes staff proposed. This document reflects those changes. Mr. Horning stated having served on Cencom for 8 years he feels the City has tried to get together a number of issues that were important and warranted. The City wasn't able to get everything it requested but significant improvements have been made. He stated in the next 2 years County Commissioner Eder and Council President Horton will Chair Cencom, and items that are vital to the City will be revisited then. #0965 M/S/C (Horning/Colvin) to approve the interlocal agreement between the City of Bremerton and Kitsap County. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 4 of 18 Question: Affirmative - Overson, Estes, Horning, Dawkins, Collins, Colvin Opposed - Waibel Abstain - Johnson 6B - PROFESSIONAL SERVICES AGREEMENT WITH THE MARINE SCIENCE OF THE PACIFIC NW (POULSBO MARINE SCIENCE CENTER) - AB90-303 The City of Bremerton was award $19,000 by the Puget Sound Water Quality Authority with which to develop a water quality education program including a slide show and signage to be placed on the downtown waterfront. The Marine Science Society has great expertise in this area and it is our intention to contract with them to complete the described scope of work. Council authorization is required for signature of the contract. Don Pratt, Director of Planning, gave a brief history and discussed previous discussions with the Department of Fisheries regarding building a public fishing pier on the waterfront several years ago. One concern was the polluted sediment in Sinclair Inlet. Department of Fisheries asked the City to work on an interpretive program on the problem and the Puget Sound Water Quality Authority (PSWQA) informed them there was a grants program that could be interesting to apply for. The City did apply and was awarded the grant upon second application. By the time the grant was received the fishing pier disappeared, but the City was left with the grant. The City was not required to put up a substantial amount of money or effort. Mr. Pratt expressed opinion this contract is a valid effort at minimal cost to the City, it is an interpreter program which comes in three components: 1 - On sight display of a number of signs that explain what pollution sediment is, how it got there, and how it impacts today's life and future life. The signs are designed to be vandal proof, developed by professional interpretative sign makers. They will not just be "do not fish - polluted waters" signs, but will have substance explaining why we do not fish and why we do not eat fish caught in those waters. It is felt that is more important than just saying don't fish. 2 - There will be a slide show available for presentation in the community that will key to the program on the waterfront. 3 - There is a curriculum component that is prepared with the slide show with Sinclair Inlet hi-lighted as to what could happen if you don't take care of the environment. That curriculum will be presented to area schools and hopefully, beyond area schools. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 5 of 18 Mr. Pratt stated the Marine Science Center in north Kitsap is doing that work. It is a pass-through grant from the City to them. The City will be providing some administrative overhead along with the Board of Health and some technical support. They will be doing the three products. Mr. Estes asked for an explanation of a $5,000 expenditure for signs. Mr. Pratt stated there will be nine sets of three panel signs, 27 signs in sets of three. One, two or three sets of signs will be at various points on the waterfront. In order to keep from replacing the signs every few months because of vandalism, new technic will be used, it is not cheap for the initial production. Mr. Waibel stated his support of this educational program, and asked when this will start in order to be complete by the May 10, 1991 deadline. Mr. Pratt stated the date was left blank as they did not know when they would receive authorization to enter into the contract. If Council approves the contract tonight they will probably start next week. Mr. Johnson stated the City is involved in a major program with DOE to clean up Sinclair and Dyes Inlets and asked if the signs being made will address what efforts are required to clean up and what is being done to clean up the waters? Mr. Pratt stated one reason PSWQA is doing this program is to help educate people on why they're in existence and what they're doing. The major component is how the DOE, PSWQA in coordination with the City and US Navy are planning to do the clean up. Mr. Overson stated the contract states payment will be made on a monthly basis and asked if the signs are not completed before the funds are used, do they still keeping working? Mr. Pratt stated item 10 states final payment will not be made until evaluation and final report have been approved by PSWQA. Mr. Overson asked who has the right to remove signs when they are no longer applicable? Mr. Pratt stated once placed they are the property of the City, but the City must act reasonably to remove and it must be mutually agreed between the City and PSWQA. Mr. Colvin asked for an explanation of item 11. Mr. Pratt stated if the City doesn't get the money from PSWQA, the City will not have to pay the Marine Science Center. M/S/C/U (Waibel/Horning) approve the professional services agreement with commencement date to be upon signatures of all parties, and authorize the Mayor to execute the agreement subject to administrative policy. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 6 of 18 7A - ORDINANCE (FIRST READING) AMENDING ORDINANCE #4291 RELATINGTO THE BEET OF THE CITY OF BREMERTON FOR FISCALYEAR1990 -AB90-304 Actions taken by the City since the last amending ordinance in September, require certain additions and corrections, in order that the budget continues to accurately reflect the financial operating plan of the City. Mr. Hanna stated the majority of the budget adjustments have been before Council in related legislation authorizing related activities; Fiscal & Budget has seen all the adjustments and passed favorable judgement upon them. E. L. Sturdivant stated his shock to read in "The Sun" about the increase in the General Fund budget of $2 million. Mr. Dawkins informed Mr. Sturdivant 1990 budget adjustments are before Council at this time. Mr. Johnson asked Mr. Hanna to summarize where the $1 million increase in the bottom line comes from. Mr. Hanna stated the changes are primarily in the City's General Fund. Revenues were greater than anticipated, additionally there have been several grants and contracts wherein revenue and expenditures to the budget have been increased. Greater budgetary authority is requested from Council to fund those new programs. Mr. Johnson asked if City street fund was some of the grant money project? Mr. Hanna responded yes, and stated this allowed the Street Department to accelerate its maintenance and reconsideration of local street networks. Mr. Johnson asked if increasing the 1990 budget could have been avoided by not taking grant funds? Mr. Hanna responded yes. M/S/C/U (Johnson/Colvin) to approve on first reading an Ordinance amending Ordinance No. 4291 relating to the budget of the City of Bremerton for Fiscal Year 1990. Meeting adjourned to executive session at 6:25 p.m. Meeting return to open session at 6:45 p.m. 7B - ORDINANCE (FIRST READING) ADOPTING THE CITY'S 1991 ANNUAL BUDGET - AB90-305 The proposed ordinance will adopt the Mayor's 1991 Budget as amended by the City Council. Passage of the budget ordinance is required by State statute as codified in RCW 35.33.075. Mayor Mentor presented the annual budget for 1991 and stated everything in the budget has been before Council in study sessions, managers have been there, all questions have been answered in Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 7 of 18 public study sessions and he feels Council should be able to adopt the budget at this time. Mr. Hanna stated the General Fund figure should read $17,218,356. This involves two issues - operating transfer of $30,000 from Capital Reserve General Fund, and additional estimated revenue from sales tax has been raised. Mayor Mentor stated when they first started working on the budget there was anticipation that the opening of the new Fred Meyer store just outside the City would directly harm sales at the north end of the City, so low sales tax and B&O tax was projected. Fred Meyer has opened and it hasn't adversely affected business in that area. The Mayor discussed people's concern about a 12% increase and stated when they started working on the budget, revenue was project first by the Treasurer. That projection was conservative. Building has been up last year, new businesses have opened, sales tax and B&O tax have gone up, and there have been substantial increases in grants. Mr. Waibel asked Mr. Hanna to have the correct total by the time Council is ready to vote. E. L. Sturdivant stated he is more satisfied with the budget after hearing staff presentation and asked what is the percent increase in the General Fund for 1991. Mr. Hanna stated 12% is the correct order of magnitude. Mr. Sturdivant stated whatever the increase, Council should remember it comes from the workers and tax payers. Mr. Collins stated this the time to let everyone know some of the good things of intergovernmental revenues: State grants, $30,328 increase in area of planning and community affairs; Drug grant, $85,000 Law and Justice, $142,828 Bremerton Housing Authority (new grant), $225,000 Bremerton Housing Authority (existing grant), $6,000 All are new monies totaling approximately $1 million from the State and Federal governments. Mr. Overson stated it has been an interesting budget year. Previous years were impacted by lose of revenue from Federal Revenue Sharing. With increases this year the City is able to do a few things they have wanted to do. He feels this is a good budget and provides added safety from police and fire and some other improvements which will provide the opportunity with higher quality of life. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 8 of 18 Mr. Estes stated that while it is a good budget it is lacking in detail and hopes next year there will be more detail so Council can understand it without having each page explained. Mr. Colvin stated he agrees with Mr. Overson that the budget process has been hard and long, and he understands there will be a change tonight in the Court portion. Mr. Colvin stated he did not agree with the change but it is his understanding they will change back to what the Mayor originally proposed. Mr. Hanna read a letter from Chief Justice, Keith M. Callow, dated 12/11/90, regarding Council consideration of proposed ordinance to transfer authority of Bremerton Municipal Court from the court to the Mayor. Chief Justice states "Council should be aware there are problems with the ordinance both statutorily and constitutionally and advised Council" "The proposed ordinance appears to be prohibited by RCW 3.50,080 which provides that: .... All costs of operating the municipal court, .... , shall be paid wholly out of the funds of the city or town. The city shall provide a suitable place for holding court and pay all expenses of maintaining it". "All employees of the municipal court shall, for all purposes, be deemed employees of the city or town. They shall be appointed by and serve at the pleasure of the court". "Moreover, this ordinance would seem to unconstitutionally interfere with the ultimate and inherent power of the judiciary to administer its own affairs under the doctrine of separation of powers ...... Under this doctrine, each branch of government must be free to manage and administer its business without undue restriction or interference from the other branches. To the extent that any branch becomes subservient to another, the capacity of that branch to function as a 'check and balance' against the other branch is curtailed and the doctrine of separation of powers is violated". "In view of these significant legal problems, I would ask that you consider the proposed ordinance very carefully." Mr. Hanna read letter from Peter D. Jarvis, President, District and Municipal Court Judges Association, dated 12/10/90, which in part states; " .... city council first took action to pass a budget that failed to provide funds for the position of administrator. When told by the judge he would spend the budget as he thought best in order to Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 9 of 18 best conduct court business, city council then amended the budget to provide only for the position of judge(s) and place the budget for and therefore the control of all other employees of the court under the mayor." "The constitutions provide that we will be governed by three branches - executive, legislative and judicial. Each branch is to operate independently and none is to be allowed such control over the other so as to unduly influence it or hamper or restrain it in the performance of its duties. We must all start from and accept these principals - they are the 'law of the land'." "When you made the decision that Bremerton would best be served by its own municipal court .... you created this separate, independent branch of government. You obligated yourselves to adequately fund this branch and allow it to function free from interference. If you think you made a bad choice, you can't undo it until the present judge's term expires." " .... court acts as a check and balance on both the legislative branch .... and executive branch. If people lose confidence in the independence of the judicial branch, the entire system breaks down." "On behalf of the Association, I strongly protest your recent action. I request you seek competent legal advice and reconsider the action you have taken ..... ". Mr. Colvin stated his belief that it would not be useful to change anything in the court until the requested study is completed. Information will be forthcoming to answer questions and concerns Council has while having the court staffed and operating. He requested the Mayor provide Council members with the ability to participate in identifying some of the issues they want included in the study. Mr. Johnson stated a lot has been said about Council's actions. Over the years he has supported new equipment, more staff and keeping staff in the court level when other departments were taking significant losses. Mr. Johnson stated Council wants a court that works well. They are in receipt of an internal audit report, report from state auditor and there are problems that need to be addressed. Council wants those problems addressed. He stated he simply wants changes made so there are no more audit reports like those they have received. M/S/C (Waibel/Collins) approved on first reading an ordinance adopting the Mayor's 1991 budget as amended by Council with the Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 10 of 18 following corrections to the General Fund 001 modified to $17,281,356, total modified to $49,509,054, and that the funds for the court remain within the current organization, staff of the court remain, but the Court budget will be modified by January 31, 1991. Mr. Hanna asked if the intent of the motion is to approve Municipal Court budget as presented in the Mayor's budget? Mr. Waibel responded that is correct. Mr. Johnson stated if they are going to do something at the end of January why put a full year's worth of money in the budget? He suggested putting in one month's worth and then put in what is needed as a result of the study. Discussion regarding amending the budget followed. In response to an inquiry, Mr. Sievers stated he is uncomfortable with a budget for one month; the court is needed for the entire year. He asked for clarification of time limit requiring budget adjustment pertaining to the court. Mr. Waibel stated Council expects an ordinance amending the budget to be passed by January 31, 1991. Mr. Sievers stated that means the ordinance must be drafted and ready to go the early part of January, which only gives a couple of weeks. He felt the department audit will not be done at that time and he felt that input would be beneficial to the budget adjustment. Mr. Horning stated they will tackle that problem when it comes up, in the meantime Mr. Sievers has time to work on the budget adjustment ordinance. Mr. Hanna asked for clarification purpose, if the motion is to fund the court for 12 months? Mr. Dawkins responded yes. Mr. Johnson stated that isn't exactly the motion; the money will be there for 12 months, but Council expects changes to be made at the end of January, 1991. Question: carried unanimously. 7C - ORDINANCE (FIRSTREADING) AMENDING THE SALARYAND BENEFIT PLAN FOR NONUNION MANAGERS AND AMENDING CHAPTERS 2.49 AND 2.50 OF THE BREMERTON MUNICIPAL CODE - AB90-306 The management salary plan (2.49.055) and benefits (2.50.010) are scheduled to expire on December 31, 1990 by a sunset provision in Ordinance #4257. These proposed ordinances implement some modifications to manager and professional employee benefit and leave programs presented to Council in recent months. No salary range adjustments or alignments are proposed at this time. Substantive changes: - The employee group is now referred to as management and professional staff in Chapters 2.49 and 2.50. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 11 or 18 - Medical and dental plan co-payments are stated as a percentage rather than dollar amount to avoid annual amendments. - Salary steps cover the entire range based upon a satisfactory performance evaluation. - Severance notice (30 days) and severance pay (60 days) are changed to reflect contracts for recent hires. - Sick leave accrual is reduced from 25 to 12 days per year, but the employee is allowed to accumulate a maximum of 125 days. - Administrative leave for removal with pay pending disciplinary action is corrected to remove the pre-condition of civil service process which is generally inapplicable to managers. - Current vacation accrual (20 days) is reduced to 15 days for employees with less than 2 years experience and increased to 25 days after 5 years employment. Maximum carryover of 30 days now allowed to managers hired before 1985 is extended to all managers who now are limited to 20 days maximum approval. An extension of time may be granted by the Mayor for an employee to use excess carryover. Council approval currently is required. Mr. Overson stated he doesn't understand some impacts and results. There are 7 major impacts, the agenda bill says none. He stated they need to go through the ordinance to understand it and until then he can't support it. Mr. Collins agreed with Mr. Overson and stated they put a sunset into this ordinance and they expect solid results. M/S (Collins/Overson) to table this ordinance for one month. Mr. Sievers stated for clarification, last week Council President asked this be in two separate ordinance and they will need two motions if the intent to table is for both. Mr. Estes asked if there is a time limit on which this must be done. Mr. Sievers stated this has been to Council over the last few months and this is the last opportunity for first reading to get it in effect by the first of the year. It is more important for the benefits as this gives managers medical and dental coverage. Salaries would be frozen and continue at present rates until a new ordinance is adopted and in effect. Mr. Horning asked if the benefit package continues as current level? Mr. Sievers responded no, and explained managers do not have a contract as with non-uniformed employees; benefits are award through the ordinance and it would difficult to give those benefits without Council authority. Mr. Johnson asked Vice President to temporarily suspend the rules Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 12 of 18 TAPE #877 and allow discussion on the tabling motion. Mr. Johnson stated if they do table, they should say what they are looking for or in another month it will be the same thing. Original motion withdrawn. Second withdrawn. Mr. Colvin asked Mr. Sievers what impact this would have on managers? Mr. Sievers stated it is possible to make salary adjustments retroactive but not benefits. Council authority is needed. He explained the only items sunsetted that will be repealed at the end of 1990 were section on salary adjustment, 2.50.010, medical and dental, and benefits in lieu of medical coverage if covered by a spouse. Mr. Sievers felt medical and dental is a significant impact. Mr. Collins stated they came down to the wire last year and this year they put in sunsets and now they are down to the wire again. Mr. Hanna stated that is accurate and reminded Council that in a study session several months ago this plan was presented to Council and the response from Council, with minor modifications, appeared to be acceptable. Those modifications have been incorporated in the language presented in this ordinance. Mr. Overson stated the City has some highly qualified managers that need high qualify benefits and salary, and they need a good document. Mr. Johnson stated this is the last year he will participate in negotiating with the managers. He felt it is out of line for Council, should be done with the Mayor as he represents his employees. He suggested adding a paragraph that clearly delineates which positions are covered by this plan. Mr. Horning stated Council doesn't have the document they worked for. Last time it was before Council they were not satisfied, they asked for some things and this hasn't been done. He asked Mr. Sievers if there is some way they can modify the sunset provision by a month so they can deal with this and the Personnel Director can get back to them so this can be resolved. Mr. Overson asked how this is folded back into existing contracts with managers? Mr. Sievers responded most contracts refer to benefits as they are award through the ordinance. In response to Mr. Horning, Mr. Sievers stated the section sunsetting the portion of BMC dealing with the pay plan and standard benefits, if repealed it will continue in effect. Council may want to set another sunsetting date on those two sections. Mr. Horning stated he wants time for this to be resolved. He stated the last set of questions were not Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 13 of 18 answered, they were not brought back to Council. M/S/C (Horning/Collins) to repeal the sunset provision as included in Ordinance 4257, as will be outlined by the City Attorney, and that provision be renewed or changed to read one month. Mr. Overson stated it is now on the Council to get the answers from staff that are requested and to satisfy themselves this is resolved. Mr. Collins stated staff has a responsibility, he will not vote again to change the sunset date, it is their paychecks. Discussion followed regarding the differences in some personal contracts and the ordinance. Mr. Sievers suggest Council give staff their problems with the ordinance so they will know how to re-write the ordinance. Questions: affirmative - Overson, Estes, Horning, Dawkins, Collins opposed - Johnson abstain - Waibel, Colvin 7D - ORDINANCE #4298 (2ND READING) SETTING THE MAYOR'S COMPENSATION AND REPEALING ORDINANCE #4256 - AB90-300 M/S/C/U (Waibel/Colvin) to pass Ordinance No. 4298 setting the Mayor's rate of compensation and repealing Ordinance No. 4256. 7E - RESOLUTION #2329 AUTHORIZING PURCHASE OF DESK TOP COMPUTERS - AB90-307 In order to implement its goals of system networking, word processing, coupled with equipment standardization, it is necessary to purchase desk top computers. City purchasing has received comparative pricing as noted on the exhibit, and determined that the purchase can be more economically made from a source other than Washington State contracts. City procurement Ordinance No. 4296 provides for exception to bidding procedures by Resolution when a vendor can provide the equipment at a cost less than that available from State contract. Bill Eley, Information Services Manager, was available to answer questions. Mr. Overson asked Mr. Eley how many computers the City may purchase through this contract. Mr. Eley stated 12 PCs are budgeted for 1991. Mr. Waibel stated the third Whereas in the resolution addresses a condition that was eliminated from the purchasing procedures. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 14 of 18 #0395 M/S/C/U (Waibel/Horning) pass Resolution No. 2329 authorizing purchase of computers pursuant to Ordinance No. 4296 with the third Whereas deleted. Recess 7:40 - 7:57 pm. 7F - RESOLUTION #2330 REVISING GOLD MOUNTAIN FEES AND CHARGES - AB90-308 In April, City Council adopted a new Golf Course Fee Structure for 1990 and 1991. After hearing extensive testimony from some area golfers, Council requested the Parks staff to review the 1991 fees and work through the Parks and Recreation Commission to make a recommendation to City Council on changes, if any, to the already adopted 1991 fees. After a three month review process, the Commission voted unanimously to recommend the proposed fee structure. The major change is the inclusion of an annual fee classification for senior citizens and senior citizen couples. Vicki Vanneman, Parks & Recreation Director, stated there is an additional proposal to be presented tonight by Gerry DiGiovanni, President of Golf Mt. Mens Club. Ms. Vanneman briefly discussed the Mens Club proposal and detailed chronology of events leading to the final proposed fee structure submitted by the Parks & Recreation Commission. At the September study session, Ms. Vanneman was asked to look into a 2 tier system for 18 hole fees and 9 hole fee to provide a break to local golfers, and bring back an estimated revenue impact this system could cause. Ms. Vanneman is requesting a delay of one year to allow Golf Course staff to thoroughly survey golfers to determine residency. They will have real figures on which to base a recommendation if Council is still interested in 1991 at looking at a 2 tier system. Ms. Vanneman asked Council to adopt the Parks & Recreation Commission recommendations to amend the previously adopted 1991 fees and allow them one year to gather firm figures on which to base a 2 tier system. Gerry DiGiovanni presented a fee rate proposal that would increase revenue by approximately $10,000 and detailed the Mens Club endeavors to come up with a 2 tier system. Andy Paryrpa stated he appreciates Ms. Tinsley's group for lower rates for senior and junior golfers. He believes the golf course provides more benefits to local people and stated he would not like to see another study of rates. He asked Council to make a choice of one or the other proposed. He stated he is in agreement with a 2 tier system. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 15 of 18 Mr. Overson stated there is one proposal that offers the best of all components of all individuals involved. M/S/C/U (Overson/Johnson) to adopt Resolution #2330, modifying to remove the words "that the that the Bremerton City Council", revising 1991 fee schedule. M/S/C (Waibel/Collins) direct the Mayor to provide a recommendation concerning a 2 or 3 tier system based on information collected in 1991 prior to setting of 1992 fees. Mr. Johnson does not understand why the golf course should have a tier system. If fees are fair they should go with it. He discussed one fee for all in other city facilities. Mr. Colvin stated his disagreement. From statistics he feels there are more out of town golfers. Mr. Horning agreed with Mr. Johnson and doesn't feel the city will benefit from this. He further stated if the Mayor wants to study it he will without Council direction. Ms. Estes stated a tier system works elsewhere and feels it can work here. Mr. Collins stated they should continue with the survey in order to make an intelligent decision. Mr. Overson stated it might be worthwhile but feels Council has higher priority issues to address and he will not support. Question: affirmative - Estes, Waibel, Dawkins, Collins, Colvin opposed - Johnson, Horning, Overson 7G - RESOLUTION #2331 ENDORSING THE PENDERGAST COMMITTEE'S INTENTIONS TO BEGIN A FUND RAISING CAMPAIGN - AB90-309 For the past three years, following the sudden death of retired Parks Superintendent Andrew Pendergast, the Pendergast Memorial Committee has worked toward its ultimate goal of building an Athletic Complex in memory of Andy's contribution to the field of recreation and to the City of Bremerton. A conceptual design has been completed, an economic feasibility study was presented to Council earlier this year, and the Committee is now ready to begin a fund raising campaign, the proceeds to which would assist in funding Phase I of the construction of the Athletic Complex. Ms. Vanneman stated this project has been going on for three years. Committee's efforts are commendable, they have a vision for a first Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 16 of 18 class quality athletic complex to be built in Bremerton in honor of Andrew Pendergast. They are asking for Council direction to allow Park & Recreation to allocate $3,000 from the Athletic Fund to match fees the Committee currently has toward the fund raising campaign. $6,000 should be adequate for a video that can be taken to groups in the City in efforts to raise funds for the Athletic Complex. They hope to also put together a three dimension display sign. Mailing costs, advertising and information flyers will also be included in the $6,000. The plan is begin the campaign in March, 1991 for six months. The Committee is confident they can raise significant funds to match other funding sources to make Phase I a reality in the near future. Mr. Dawkins stated Andy Pendergast took the Recreation Department to the top of the scale. He was President of the National American Softball Association, he was well known and recognized as a peer in this area and it was natural after his death people felt it should be named after him. Mr. Waibel stated there is no investment in both commitment and money that will pay off more in the near future for the City. M/S/C (Waibel/Estes) pass Resolution #2331 endorsing the Pendergast Committee Plan to begin a fund raising campaign for the Athletic Complex in the city of Bremerton. Mr. Johnson asked Mr. Hanna, is Fund 107 fees the City charges the leagues for use of the City's field? Mr. Hanna stated that is correct. Mr. Johnson asked Mr. Sievers if it is legal to use that money for fund raising efforts? Mr. Sievers stated it is similar to the Turner Joy project, a contract will be let to do fund raising efforts. Mr. Sievers stated the last sentence should read "Funds raised shall be directed to Fund 107~". (Waibel/Estes) to accept the modification to the motion as stated by Mr. Sievers. Question: carried unanimously. 8A - PUBLIC HEARING ON A 75% PETITION TO ANNEX THE 76 ACRE W. KITSAP LAKE AREA AND ANNEXATION ORDINANCE - AB90-310 On November 7, 1990, City Council gave it's tentative approval to the West Kitsap Lake I. annexation; voted unanimously in favor of 'Default-Zoning' and approved the decision that residents of subject area would assume it's share of the City's indebtedness. Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 17 of 18 The owners of 61 lots in this are, comprising of more than 75% of the total tax assessed value, have submitted their proposal to annex. The Council is asked 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. Terrie Hartson, Municipal Services Coordinator, stated in December, 1988, the City met with Trustees of Kitsap Lake Water Association to discuss an agreement where the City of Bremerton Utility Department would take over the Water Association. Reasons given in a letter dated 12/22/90, which Ms. Hartson read into the record include; increased labor requirements to monitor the system; escalated expenses of reporting the capital expenditures for () added equipment and instrumentation; appreciable operating and maintenance expenses. The Policies were amended to the Federal Surface Water Treatment rules in 1986 and were due to become effective at the end of 1991. Because of the concerns, agreement was made with the Utilities to purchase Kitsap Lake Water District with annexation as part of the agreement. The petition was received 10/3/90; on 11/7/90 Council accepted the annexation agreement to purchase the Water District for $50,000 plus up to $15,000 to hook up the system. They move to require the annexed property to assume current City indebtedness and to allow provisional or default zoning as assigned under zoning ordinance, chapter 2, section 3, which will allow the City to proceed without going through the Planning Commission or pre-annexation planning. Since then Ms. Hartson filed an application with the Boundary Review Board, received declaration of non-significance on SEPA, has contacted County Commissioner Eder and the county public works department, and they have all supported the annexation. On 11/27/90 a community meeting was held, approximately 30-40 residents were present. Using an overview projection, Ms. Hartson displayed a map of the area of approximately 96 parcels. All City services are available to the area. Other benefits to residents will be better representation per capita in government and a higher rated fire department may give them better insurance rates. The map shows all parcels in the Kitsap Lake annexation, most are within the Water Association. Several parcels not on the water were included so boundaries would be clear using streets to separate the City from the County. Robert Griffith, Kitsap Lake resident, spoke in opposition to the annexation and asked Council to consider altering the map at the upper left point. Mr. Griffith stated if they are annexed it will cost them considerably more annually. He stated residents of that upper left point are not on the lake. Mr. Griffith disputed Tape #876 & #877 City Council Reg. Mtg. Minutes December 12, 1990 Page 18 of 18 reduction in fire insurance rates, and stated garbage collection would be an added expense. Mr. Johnson stated annexation provides benefits to residents and the City, and questioned if Mr. Griffith has City utilities does he have an outside utility agreement. Ms. Hartson stated there is a surcharge for utilities which will be removed if he is annexed. M/S/C (Johnson/Colvin) approve the annexation petition of the area designated as West Kitsap Lake I. Question: affirmative - overson, Estes, Waibel, Horning, Collins, Colvin, Johnson abstain - Dawkins M/S/C (Horning/Johnson) annexing approximately annexation. approve on first reading an Ordinance annexing approximately 76 acres known as West Kitsap Lake annexation. With no further business meeting adjourned to executive session at 8:52 p.m. RICH HANNA, CITY TREASURER MORRIE DAWKINS, Council Vice President City of Bremerton