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HomeMy WebLinkAbout09/02/87TAPE #479 PROVE SEP 9 - 1987 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 2, 1987 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, September 2, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Hank Watbel, A1 Colvin, Morris Dawkins, Shirley Marry qrutcher, Lon Overson, C.R. "Tiny" Collins, Mary Lou Long, Russ Johnson. Also present were City Attorney Ian Sievers and Kathleen McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Spencer Homing with Reverend Dave Clarkson of, Gofer Baptist Community Church, giving the Invocation. #0034 #0049 CONSENT AGENDA A. Minutes of Meeting held August 26,1987, #AB87-234 M/S/C/U(Watbel/Crutcher) presented. to approve Consent Agenda as CLAIMS/WARRANTS REGISTER 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(Crutcher/Long) on September 2, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 31286, 31287 and 31293 through 31404 in the total amount of 8184,714.82 and Retirees Payroll in the amount of 863,741.16. PROCLAMATION Ms. McCluskeV read Proclamation recognizing the great service rendered to the community by the members of many community service organizations,. clubs and associations who volunteer their time and talents for the betterment of our community, with Mayor Lobe proclaiming the week of September 7 through 13 as VOLUNTEER IN ACTION WEEK. Ms. Jane Farley, Toastmasters International, was present to accept the Proclamation and announced that on September 12 and 13 a demonstration show will be held at the Kitsap Mall publicizing many of the volunteer efforts. COUNCIL MEMBER REPORT Mr. Johnson returned from a two week training course held in Oakridge Tennessee and while there had the opportunity to observe Oakrtdge's cable access channel and programming of local City Council meetings and community programs. Mr. Colvln announced the next Sheridan Neighborhood Meeting is scheduled for September 17, 7:00 PM, at the Sheridan Park Center. Former City Council members have been invited to participate on the program along with Pete Flynn, Executive Director of Bremerton Main Street Program, Don Atktnson of KTIZ and other news media members. TAPE #479 City Council Reg. Mtg. Minutes September 2, 1987 Page 4 of 12 Mrs. Lona reported on her recent trip to Washington D.C., which was sponsored by the National Committee For Employers Support of Guard and Reserves. Her itinerary included briefings from the Military branches, tour of the Pentagon, Laying a wreath at the Tomb of the Unknown Soldier and visiting the Lincoln and Vtetnam Memorials. Mr. Collins pointed out that the City was not looking quite as clean and well kept as it was during the campaign headed up by Phil and Mary Droutn. Mr. Collins was pleased to see the observation tower attracting people and is be£ng used. Also, he noted that the one-way street near the Ferry Terminal is working well with no major problem so far. Mr. Collins expressed a desire to have a "Saluting Battery" located on the observation tower. Mr. Waibel reported that Kitsap Transit has available 50,000 copies of a complete schedule of all of their service areas available for public. Also, the Enhanced 911 system installation is ahead of schedule and is being tested with a target date of November 19 to go on line with the new system. Mr. Crutcher artended Council Public Safety Committee meeting where they received an update from Chief Coney and a briefing on annexation activities. Recent visitors of the Crutcher family expressed to them how pleased they were with Bremerton and surrounding area, enjoying the many activities 'available and the fact that it was safe to walk on the streets and not be afraid. Mr. Dawktns reported on a comment from an exchange student from Norway... how impressed she was that this area looks so much like Norway. Mr. Hornin~ reported on attending the Sub-Regional Council of Governments and that the Parstransit contract had been renewed, Cencom will soon have the Enhanced 911 system in operation and is being used more which means an increase in the Ctty's contribution to the 911 System. PUBLIC RECOGNITION Robert Smttter, 1511 Park Avenue, expressed how pleased he was to discover a mounted horse Police Patrol in Evergreen Park and applauded the Police .Department for undertaking such an effort. Chief Lynn Coney, Bremerton Police Department, stated that the department is involved in an R and D project with two horses and Patrol Officers. Stan Christensen, 419 Plum, requested Council to grant him time to respond to a letter received from the City Attorney regarding the legality of Don Cundtff serving as Chief of Police. President Hornin~ stated that Mr. Christensen would be allowed three minutes, however if a longer period of time was needed he should put his replay in writing. Mr. Christensen stated he would need up to 10 minutes. 6A - ANNEXATION COORDINATION PROGRAM AND RESOLUTION #2180, #AB87-235 The Mayor proposes to expend annexation coordination activities. A Resolution signifying Council's agreement on a work program and general support for the project is Included. The Resolutio~ also requires Council review of TAPE #479 City Council Reg. Mtg. Minutes September 2, 1987 Page 3 of 12 the brochure design/budget prior to release of printing funds. No funds are currently budgeted to cover this program. Don Pratt, Director of Planning, outlined briefly that current staffing was inadequate to carry out the necessary functions for annexation and the Mayor is proposing to provide additional staff through December 31, 1987. As a part of the 1988 budget personnel will be budgeted, within the Planning Department Long Range Planning staff to carry out future annexation responsibilities. Adequate 'staffing of an enlarged annexation program is necessary to assure: 1) the City receives accurate data relative to the costs and benefits of a proposed annexation; 2) the legal procedural requirements of assuming Jurisdiction are fulfilled correctly; s) the affected residents receive adequate and correct information. The Annexation Coordinator's proposed Work Proqram includes: I. Develop tools for annexation information: (a) City computer linked to Kitsap County Treasurer and Assessor files in order to determine taxing distracts, owner, assessor's number, evaluation, etc., of properties. (b) Develop computerAzed spread sheet showing taxing districts and rates. (c) Design annexation brochure listing the costs and benefits of coming under City jurisdiction. II. Coordinate Annexation process in specific areas. III. Prepare Urban Services Delivery Policies for City Council consideration. IV. Develop Annexation Analysis Process and Format Mr. Pratt suggested a change in the proposed Resolution, noting the third paragraph should read: "WHEREAS development of Urban Intensity is occurring on the outskirts of the City limits and the City must plan for the day when other covernmental entities cannot maintain an adequate level of municipal services; and". Ken Huches, City staff, stated his support for enlarging the annexation program and from his two years experience working on the program understands the importance of have accurate information to proceed with annexation activities. \ Mr. Johnson expressed how pleased he was that the responsibilities would be carried out within the Planning Department and not involving the Fire Department. Mr. HornAnt stated for clarification that Ken Hughes would continue to work with the Planning Department and would be the person doing the public contact and presentations of annexation. Mr. Overson stated Bremerton had advanced in its services and is becoming more attractive to surrounding entities. TAPE #479 City Council Reg. Mtg. Minutes September 2, 1987 Page 4 of 12 #2180 Mr. Colvin asked Mr. Pratt if he had long-range plans for the annexation program. Mr. Pratt stated he has some draft policies for the Comprehensive Plan which identify certain geographic areas and density areas that could be annexed to the City. Care has to be taken not to promote a political cause which annexation could be if voted on, however~ Planning can view it as rounding out boundaries of the City and speak about certain level of services in a certain area that could be better served by the City. Mr. Colvtn expressed concern that hiring a person for the remainder of 1987 would not accomplish what has been outlined. Mr. Pratt explained that one long-range planning staff will be assigned for 1/2 time to the annexation program for all of 1988. Mrs. Lon~ questioned funding source for this request. Pratt stated that $13,000 would come from the 1986 carry over funds (Fund 808). M/S/C/U(Walbel/Colvtn) to adopt Resolution No. 2180, as revised, supporting an Annexation Coordination Program and approve the budget amendment funding the Annexation Coordination Program with 814,000; provided the final approval for $8,000 to print a brochure be released only after review/approval of the Council Operations Committee and Council Fiscal and Budget Committee; and the proposed Work Plan be modified to reflect the review of the two committees. #1579 6B - CONSTRUCTION F. ASIg~NT/KITSAP LAICE PARE - OSBERG CONSTRUCTION COMPANY, #AB87-236 Approve the 20' Construction License by the Osberg Construction Company across the North end of Kitsap Lake Park. The construction ls necessary to provide utility line access from the Westview Plat development to the pump station location in the center of the park area. Arvllla Ohlde, Parks Director, explained that the utlllty line plan that has been worked out in detail with the City's Utility and Osberg Construction. Measures wtthln the license provides for restoring the premises to the same or better conditions upon completion of the utillty llne installation. Mr. Horninu raised point as to future work to be done in the park and how thls might affect it. Ms. Ohlde explained she had a walk-through with Osberg Construction company and outlined future plans proposed for the park area. Mr. Walbel asked if the City requires a Bond by the Construction Company to make sure the land ls restored after construction of the line. Me. Ohlde stated a Bond ls not required but the leverage the City has is the acceptance or rejection of the line installation. M/S/C/U(Johnson/Colvin) to approve Construction between the City and Osberg Construction Company. Easement Mr. Johnson raised questlon regarding formally namlng and dedication of what is known as Kitsap Lake Park and to request the Parks Commission to proceed with the proper steps to accomplish this. Ms. Oh/de stated records show it as Kitsap Lake Park but formal naming and dedication have not taken place. . TAPE #479 Clty Council Reg. Mtg. Minutes September 2, 1987 Page 5 of 12 6C - COASTAL ZONE NANAGEMENT GRANT APPROVAL: WEST BREMERTON WATERFRONT PUBLIC ACCESS PLANNING, #AB87-237 The City has been awarded $16,000 of Coastal Zone Management/Department of Ecology funds to do Shoreline Planning. The City is required to match this with 86,857 of personnel costs. The funds are coordinated with the Central Business District Waterfront Development efforts. As descrlbed in the attached Scope of Work, the product will be policies, strategies, and sample construction design for a choreline pathway from 1St Street Dock to Olympic College. In order for the Grant to be accepted, Council must authorize the Mayor to sign the Grant. City match funds will be budgeted as a long-range Planning project with start-up commencing An 1988. Don Pratt, Director of Planning, gave brief history of events leadtng up to the awarding of the grant and the City must provide a match of funds in the amount of 86,857.00. That amount of money will be included in the 1988 budget for a project in the Long- Range Planning Department. If the budgeted item is approved the project would move forwarded in January and if not budgeted then another funding source will be sought. Following are key products of the proposed project: 1) Inventory of all public waterfront 13nds and easements from 1st Street to Olympic College. 2) Review current public access laws to determine what City liability iS attendant to public access aid how recent court decisions have affected the Clty~s ability to acquire land and easements. 3) Analysis of soil and slope suitability to determine location and type of design for potential.pathways. 4) Develop alternative conceptual pathway routes. 5) Hold public workshop to discuss concepts. 6) Develop strategies to acquire public access over private lands. 7) Develop draft construction plans and cost estimates for pathway surface, landscaping, signs, lighting, beaches, and other such amenities by logical construction phases. Council has also given authorization to apply to State agencies for over $100,000 construction funds to build whatever is planned for this grant. This project is key to the waterfront, accomplishment and construction of such a pathway between 1st Street and 4th Street. Mr. Collins stated that Council understood at the time that approval was requested to apply for the grant that matching funds would be required if it was awarded to the City and encouraged Council to carry on with their original plan to develop the waterfront area. Mr. Waibel questioned approving matching funds out of 1988 budget when the 1988 budget has not be approved. Mr. Pratt stated that in order to get reimbursed the City must first expend funds. TAPE #479 Clty Councll Reg. Mtg. Mlnutes September 2, 1987 Page 6 of 12 #1917 M/S/C/U(Overson/Collins) to authorize Mayor Lobe to slgn Washington Department of Ecology Grant No. 00088037 Mr. Johnson pointed out that the grant was from National Oceanographtc and Atmospheric Association appropriated in 1972. Mr. Pratt stated that the grant funds were allocated in the 1986-87 flscal year (Federal funds). 6D - AUTHORIZATION TO PURCHASE COMPU-SEETCH (COMPOSITE MAKE/DESIGN), #ABSY-238 Compu-Sketch (computer aided composite designer) allows Police Department to use advanced technology to interview witnesses and victims, providing a clear, concise picture of suspects, missing persons, etc. Officer Mox, Police Department, stated the Compu-Sketch is state- of-the- art equipment, easy to use, will save time and overtime, more available programs will making it easier to update. The equipment has been in use on a trail basis and working well for the department. Rich Hanna, City Treasurer, explained that after reviewing the option to purchase on contract or buy on cash basis it was determined that it would be more cost the City approximately $1,500 more to purchase on a contract. The budget adjustment request identifies $6,695.00 which is above the $1,000.00 which is included in the 1987 budget. President Horninq expressed his concern about using the Ending Fund Balance. Mr. Hanna stated that the balance of the Ending Fund is approximately $125,000. Mr. Johnson questioned if the new equipment would be compatible with the proposed computer equipment. Mr. EleV, Information Services Manager, stated that it is IBM compatible and that the equipment was designed to run on a Macintosh computer. Mrs. Long stated that if the Compu-Sketch was such state- of-the-art equipment then the City could possibly provide services to other agencies and Cities for a nominal fee, thereby off setting the cost of the equipment. Officer Mox stated the law enforcement agencies have mutual aid agreements and these services would fall under that designation. Mr. Overson asked how many times the Police Department has used the equipment. Officer Mox stated that the first two months they used it about 10 times each month. Since that time it has been 8 or 4 times each month. Lynn Coney, Chief of Police, pointed out that the old equipment was on a lease only basis and was costing the city approximately $400.00 per year. Also, that it is possible to transport the equipment easily to crime scenes and can be used for public relations. #2576 M/S/C/U(Colvin/Collins) to approve purchase of Compu-Sketch (Compute= Aided Composite Designer) and approve budget adjustment request in the amount of 88.895.00. 6E - REVISED PERSONAL SERVICES CONTRACT, #AB87-239 TAPE #479 City Council Reg. Mtg. Minutes September 2, 1987 Page 7 of 12 #2809 Exempt non-union management personnel must sign a contract providing, at a minimum, termination without cause. Council approval of individual contracts is not required after the form of non-union management contract has received Council approval (B.M.C. 2.49.050) Ian Sievers, City Attorney, stated Ordinance #4005 requires that management employees sign a contract. Some of the provisions in the current contract were ambiguous and need revision, particularly after the Management Salary Ordinance was passed by Council earlier this year. This would allow new management employees to be hired on this basic contract without Council action. There are three instances where a new hire would come to Council for action: (1) where the salary exceeds 90~ of the mean; (2) if any of the language of the basic contract are changed or benefits changed; (3) those management positions that require Council confirmation. Mr. Johnson expressed concern that Council should be knowledgeable of all contracts, even if they came as an information item or possibly reviewed by Council Committee. Ian Sievers stated that what is being done is to reflect the procedure that has been passed by the ordinance and an amendment to that to go to a Council Committee would be appropriate. M/S/C/U(Crutcher/Dawkins) to approve the revised Personal Services Contract and to include management contracts will be reviewed by the Council Fiscal and Budget Committee. Councilman Collins left the meeting. 8A - POBLIC HEARING - 10~ ANNEXATION PETITION NOTICE OF INTENT: ANDERSON CREEK OTILITY LAND AND GOLD MOONTAIN GOLF COORSE AND ADJACENT BREMERTON UTILITY IJtND, #AB87--242 The City, represented by Mayor Lob~'s signature, is petitioning the City Council for Water Utility owned lands south of the Clty's boundaries. A 75~ hearing will follow if the 10~ petition is accepted. Ken Huches, City staff, stated the Gold Mountain Golf Course and adjacent utility lands covers 1,066 acres or 1.665 square miles. The Anderson Creek areas covers 689 acres or 1.076 square mile piece of property which is Water Utility property. There is a population designation of 3 people. Mr. Hughes reviewed the supporting documentation which included a letter from the Street Superintendent stating the estimated cost of maintenance of the Old Belfair Valley Road (2.75 miles) for 1988 in the amount of $10,000, the majority of which is for snow and ice control. Future annual overall maintenance costs are estimated at $3,500.00. The Bremerton Police Department has contacted the State Patrol to see if they will continue to investigate accidents on the 2.75 miles of Old Belfair Valley Road and are awaiting a reply from the Olympia office of the State Patrol. The SEPAs and Determination of Nonsignificance cover the two areas independently with no anticipated affect to the environment. The City has a fire protection agreement with the Washington State Department of Natural Resources which is required by RCW 76.04.360 pertaining to large forest land areas. Bill Dully, Utilities Director, stated that an amendment to the Safe Drinking Water ~ct resulted in increased water TAPE #479 City Council Reg. Mtg. Minutes September 2, 1987 Page 8 of 12 'APE #480 TAPE #480 #3279 quality rules and regulations in relation to domestic water supplies. This necessitated the Utility to take some steps to protect the water supply. As a result of this action the Utility put together a Utility Land Management Plan which outlined the steps proposed. One of the difficulties encountered putting this plan together was determining the 3urlsdiction of a number of government agencies have over the City's property. The intent, through annexation, is to get the 3urtsdlction and control of the property under control of one governmental agency. Georae Bogges. Port Orchard, inquired what affect the annexation'wi~l have on the Square Dancers facility use. Also, would the City Business Tax be imposed on the organization which is non-profit. Ms. McCluskey, City Clerk, stated there would be no B&O Tax because they are a non-profit organization and the City is in the process of rewriting the lease but the annexation will not have an impact on them. Don Pratt, Director of Planning stated that a ma3or affect would be that they would be sub3ect to City ordinances and laws, not County. Ms. McCluskey raised question as to zoning. Don Pratt stated that the zoning proposed is Resource Management to allow it to stay in the forestry use. Mr. Pratt stated that other affects to the Square Dance Association may be additional surcharges on lights, phones and a different garbage fee. Ms. McCluskeV, City Clerk, read a letter into the record from Jim Strait, President of the Kitsap Lake Neighborhood Association, noting his not non- support of the annexation citing shortage of funds to support Police, Fire and Street Departments. with the added responsibility for protection and maintenance. Ken Hushes, City Staff, stated the purpose of the annexation is to expand City boundaries and provide opportunities for future expansion. Mrs. Lona questioned the advantages versus costs to the City to annex these properties. Also, the City has the option to do island annexation which would accomplish the same thing plus having mutual aid agreements with other agencies providing protection. Ken Hushes stated the advantages seen by the Administration is the opportunity for future expansion, gives the City better control of the water facility. Bill DuffV, Utilities Director, stated there is some confusion as to who has jurisdiction over the properties and the amendment to the Water Quality Act has imposed regulations and restrictions which can greatly affect the utlity and ultimately the users through possible increased fees. It is the City's intent to do everything possible to protect the watershed lands and try to put off the long-term costs. M/S/C(Waibel Dawkins) to accept annexation petition from the owners of 10~ of the valuation of the property described on this annexation actin - commonly known as Anderson Creek Lands and Gold Mountain Golf Course and ad3acent lands. Vote: In Favor: Oppose: Overson, Dawkins, Crutcher, Waibel Homing, Colvin, Johnson Long 8B - PUBLIC HEARING - 75~ HEARING ON ANNEXATION OF: ANDERSON CREEK UTILITY LAND AND' GOLD MOUNTAIN GOLF COURSE AND ADJACENT BRENERTON UTILITY LAND, #AB87-243 TAPE #480 City Council Reg. Mtg. Minutes September 2, 1987 Page 9 of 12 #0681 The City, represented by Mayor Lobe's signature, is petttionlng the City Council for annexation of water utility owned lands south of the City boundaries. Ken Huqhes, City Staff, stated this is the second portion of an annexation procedure in a 75~ method, discussing items covered in the 10~ method. M/S/C/U(Walbel/Crutcher) to approve the annexation petition from the owners of ?SJ of the valuation of the property described on this annexation action - commonly known as Anderson Creek Utility Lands and Gold Mountain Golf Course and Adjacent Lands. 8C - PUBLIC HEARING - ORDINANCE (FIRST READING) ANNEXING UTILITY OWNED LANDS - ANDERSON CREEK, GOLD MOUNTAIN GOLF COURSE AND ADJACFa~T PROPERTIES, #AB87-244 In order to annex properties, the City Council must adopt the implementing ordinance. This is the public hearing and first reading of the annexation ordinance for the Anderson Creek, Gold Mountain Golf Course and adjacent properties annexation· Don Pratt, Director of Planning, stated that in an open meeting the City Council has approved a 75~ petition for annexation of the Anderson Creek and Gold Mountain Golf Course and adjacent properties and an Ordinance (for first reading) is before Council to implement that annexation. The approval of the ordinance will be followed by a presentation to the Boundary Review Board and subsequent second reading prior to the ordinance taking affect. Mr. Overson asked what percentage of the City would the acreage comprise. Don Pratt stated it would increase the property volume about 10~. Mr. Waibel questioned the section of the ordinance indicating zoning the properties R-1. Mr. Pratt explained that the current Zoning Ordinance states that any property not previously zoned and comes into the City through annexation is zone R-1. R-1 is the least dense development zone under the current Zoning Ordinance and as such recommendation is being made that no action be taken, therefore by default it comes in as R-1. For your information, the new Zoning Ordinance does have a Resource Management Zone specifically designed to manage forestry, water and other types of natural resources. Mr. Watbel questioned if the Council could leave it unzoned. Mr. Pratt stated that technically there can be no unzoned property· If there is not a zone designation a Court of Law would look to some implied zoning through formal discussion or debate. Mr. Johnson raised point that we currently have areas in the City that have Conservtctes Zones, Natural Resources Protection Zones, also am concerned with R-1 for the Golf Course tavern and restaurant and Square Dancers - would these require a special use permit. Mr. Pratt stated there are many non-conformlttes in the City, public lands and private lands alike. Until recently Water Utility properties were not under the considerations of the Cttyts planning efforts - in common term unzoned. This is part of the steps in the Utilities Land Management Plan and with the adoption of the Comprehensive Plan and new Zoning Ordinance we are bringing all of those lands under zoning control and applying zones to them. TAPE #480 City Council Reg, Mtg. Minutes September 2, 1987 Page 10 of 12 #0924 Mr. Collins questioned if the Square Dance burned down would they be able to rebuild as a dance hall on the property. Mr. Duffv stated that two different zoning designations are being proposed...(1) has to do with forestry as it relates to water quality, (2) forestry application as it relates to recreation, such as Jarstad Park, Golf Mountain Golf Course. M/S/C/U(Overson/Crutcher) to approve Ordinance on first reading providing for annexation of certain territory to the City of Bremerton and incorporation the same within the corporate limits. ' 7A - ORDINANCE {FIRST READING) REVISING COMPOSITION OF THE CITY INVESTMENT COMMITTEE, ~AB87-2&O The Fiscal and Budget Committee has regularly scheduled meetings on the second and fourth Thursdays of the month. Because Fiscal and Budget handles matters closely related to Investments, it was felt that the composition of the two committees should be the same. The investment meeting will be held once a month immediately following Fiscal and Budget. This appears to be a more efficient use of time and knowledge gained by the members of the Fiscal and Budget Committee. Ms. McCluskev, City Clerk, stated only one section of the ordinance would change... that the Mayor would not be part of the Committee, deletion of the Budget Analyst position and three Council members would be appointed by the Council. Administrative Services Director and City Treasurer were already designated to serve on the Committee. Mr. Johnson stated he felt it was a mistake for the Investment Committee and Fiscal and Budget Committee to meet simultaneously. However, the Council membership on the Investment Committee is not restricted to those on Fiscal and Budget Committee. The intent of the Investment Committee is a policy making committee and believe that the Mayor should be a part of this committee, as an elected official, to give direction on those policies. Mr. Overson stated that the Investment Committee was established on the basis of what it was suppose to do not on what it is doing - an Investment Policy was enacted and accomplished by the current composition of the Committee and requires no change at this time. Effort should be made to obtain a public representative (non-voting) participant on the Committee. #1183 M/S/C/U(Johnson/Colvin) to table this issue for one week. 7B - ORDINANCE {FIRST READING) ESTABLISHING NEW PROCEDURES FOR TERMINATION OF WATER SERVICE AND REPFa~ING B.M.C. SECTION 15.04.18&, 15.04.188 AND 15.04.410, ~AB8~-241 This Ordinance would establish first the City Water Department'$ authority to terminate a customer's water service; and second, new procedures for water termination. The major difference between the proposed and the current ordinance is that the latter does not provide procedures for appeal of water utility decisions. Under the new ordinance, the uttllty's decision may be appealed to Bremerton Municipal Court and then Kitsap County Superior Court. However, Municipal Court may assign the appeal to the Office of the Hearing Examiner. The City Council would hear no appeals relating to B.M.C. Sections 15.04.184, 15.04.188 and 15.04.410. TAPE #480 City Council Reg. Mtg. Minutes September 2, 1987 Page 11 of 12 #1449 #1653 Ian Stevers, City Attorney, stated the unique feature of this ordinance is the appeal procedure and the grounds for termination are not particularly new and are outlined in State statute. The Hearing Examiner Ordinance indicates this as a general area of Jurisdiction but only if a particular ordinance surpassed in title. In discussing what administrative .appeal process to use with the Utilities Director, review of costs of the Hearing Examiner and research into the potential jurisdiction of the Municipal Court it was decided we could use that as a preferred form and go to the Hearing Examiner if there was a prbblem In holding a quick hearing within SO days. Sue Morgan, 327 S. Charlotte, questioned who would pay the cost for the appeal if it is going into the Municipal Court System. Ian Sievere stated when this was presented in draft form there was a filing fee of 815.00 which was a reduction of the 875.00 filing fee. It was felt that $15.00 was too low and raised it to $25.00. It may not cover all administrative costs but there are advantages to the City allowing this type of appeal. The filing fee would be refunded if the person won the appeal. Mr. Long expressed concern that the City was placing another stumbling block for the citizen when trying to resolve an issue - first they have the Hearing Examiner and then the Olty Councll...now they are being asked to pay $25.00 to go to Municipal Court to have an appeal heard when currently they have the option, at no cost, to come before the Council. M/(Johnson) to pass Ordinance on first reading, establishing new procedures for termination of water services and repealing B.M.C. Sections 15.04.184, 15.04.188 and 15.94.410 and that on second reading section 15.04.185 be revised to delete all reference to Municipal Court, allow first appeals to Hearings Examiner then Council. Motion died for lack second. Ms. McCluskeV, pointed out that the appeals fee of $25.00 is more reasonable considering the amounts of the water bills being questioned are in many instances less than the $75.00 Hearings Examiner fee. Mr. Johnson questioned a lesser amount due to costs to the City. Ian Sievers stated that Municipal Court has everything in place to undertake this type of action. M/S/C/U(Waibel/Colvin) to table this Ordinance additional information can be provided Council. until With no further business meeting adjourned at 8:02 p.m KAT~EN'~. MCCLUSKEY, CITY CLERK APPROVED TAPE #480 City Council Reg. Mtg. Minutes September 2, 1987 Page 12 of 12 S R HORNING, resident KLM/SH/me ccss: Normal Distribution File/Vault