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Home My WebLink About11/23/04 AGENDA FILE CITY COUNCIL 345 6~ Street, Suite 600, Bremerton, WA 98337 c~ (360) 473-5280 o~ Fax (360) 473-5251 PLEASE NOTE - THE COUNCIL MEETINGS ARE NOW BEIN~ HELD IN THE NEW "NORM DICKS GOVERNMENT CENTER" LOCATED AT 34~ $~" STREET TUESDAY, NOVEMBER 23, 2004 CITY COUNCIL MEETING AGENDA I. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in COUNCIL CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC SERVICE ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB04-236) B. Minutes of Meeting - October 20, 2004 (#AB04-237) C. Minutes of Meeting - October 27, 2004 (#AB04-238) D. Setting the Salary Level for Mark McLaughlin, Budget Analyst for the Department of Financial Services, at Pay Band 10, Rate 4 (#AB04-239) 5. NEW BUSINESS - There are no New Business Items this week... 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading], amending Chapter 3.50 of the Bremerton Municipal Code, decreasing the Cable Utility Tax from 8.5% to 7% for 2005 (#AB04-240) B. Ordinance [First Reading], amending Chapter 3.01 of the Bremerton Municipal Code, updating Rates and Fees for 2005 (#AB04-241) 7, ADJOURNMENT OF CITY COUNCIL BUSINESS MEETINR CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 for a LEGISLATIVE REVIEW MEETINR to hear presentations on the following proposed items. Please note that no action will be taken, and the content of these items are subject to change... 1. Appointment of John Lyall to the Bremerton Housing Authority Board of Directors (Them will be no presentation for this item.., please contact the Mayor ff you have any concerns) 2. Commercial Real Estate Purchase and Sale Agreement, and Right of First Refusal & Option to Purchase Agreement with West Sound Bank - Gary Sexton, Director of Economic Development 3. Real Estate Pumhase and Sale Agreement with Kitsap Community Federal Credit Union located at 1025 Burwell Street - Gary Sexton, Director of Economic Development 4. Proposed ordinance authorizing the extension of an Agreement with Bank of America to secure an $800,000 line-of-credit for the Kitsap Conference Center at Bremerton Harborside - Michael Wilson, Finance Director 5. Proposed Resolution presenting Compliance Schedule for Adoption of Development Regulations per Growth Management Act - Chris Hugo, Director of Community Development [] Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the ~nt~n~.il m~.efino DATE SUBMITTED: BILL # O (~ AGENDA BILL CITY OF BREMERTON q CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A ~C2."~ ~'~ ~YO/ ~)-c~ COUNCIL MEETING Date: tl Department: City Council Presenter: Damn Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held I o/~"o/ ATTACHMENTS: Minutes for I 0.!~o,:;O c( FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA [] COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COLqNCIL ACTION: [] Approve [] Deny ~ Table [] Continue [] No Action TAPE #1976 CITY COUNCIL MEETING MINUTES Wednesday, October 20, 2004 The weekly 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, October 20, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Aisc present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier EIlingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnel!, followed by the invocation provided by Chaplain Bill Martin of Kitsap Lake Baptist Church. President Ny,qren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; and 2. Items 7F and 7G will be pulled from agenda. MAYOR'S REPORT President Ny.qren read a proclamation on behalf of Mayor Bozeman declaring the Week of October 31 - November 6, 2004 as "Naval Memorial Museum of the Pacific Week" and was accepted by Mr. Nelson. He announced that an Open House will be held on November 5th from 5:00 - 8:00 P.M PUBLIC SERVICE ANNOUCEMENTS Mr. McConnell announced that the Grand Opening for the Government Center wilt be held on Saturday, October 23rd. CONSENT AGENDA A. Check numbers 294496, EFT-6475 through EFT-6479, EFT-6481 through EFT-6487 in the amount of $668,601.97 (#AB04-210) B. Minutes of Meeting - October 6, 2004 (#AB04-211 ) C. Minutes of Meeting - October 13, 2004 (#AB04-212) D. Reappointment of Sharon Cromley to the Bremedon Housing Authority Board of Directors (#AB04~213) E. Appointment of Sharon Shrader to the Bremerton Housing Authority Board of Directors (#AB04-214) F. Appointment of Sheldon Parr to the Public Access Citizens Advisory Committee (#AB04- 2t5) G. 10-Year Renewal of Concession Agreement with KITSAP COMMUNITY RESOURCES (#AB 04-216 ) H. Professional Services Agreement with GEOENGINEERS for Geotechnical Evaluation for Stabilization of NAD Park and the McKenna Fails Watershed Entrance (#AB04-217) #0175 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. 6A - ACCEPTANCE OF HAZARD MITIGATION GRANT NO. E05-104 FOR RESERVOIR SEISMIC UPGRADES (#AB04-218): Michael Mecham, City Engineer stated that as a result of the Nisqually Earthquake that occurred in February 2001, FEMA established a Hazard Mitigation Grant Program to allow municipalities and others to apply for grant funds to perform upgrades to critical facilities that were damaged during the eadhquake. The City applied for and has been offered a grant to partially fund design and construction of seismic upgrades to five water reservoirs. TAPE #1976 City Council Rag, Mtg. Minutes Wednesday, October 20, 2004 Page 2 of 6 There were no comments from the public. Mr. Short asked if the amount of the City's matching funds has been budgeted. Mr. Mecham answered yes. #0300 M/S/C/U (Arends/McConnell) Move to accept and approve Hazard Mitigation Grant No. E05-104, and authorize the Mayor to finalize and execute the necessary documents for acceptance of the grant. 7A - APPROVAL OF DRAFT 2005 CDBG ADVISORY COMMITTEE RECOMMENDATION-~ (#AB04-219): Michelle Eichhorn, Department of Community Development said that on July 7, 2004, the City Council approved the 2005 Community Development Block Grant (CDBG) Policy Plan which included CDBG rules and regulations, as well as the application/allocation process. Funding availability was advertised on June 8, 2004 and applications were accepted until August 20, 2004. The CDBG Advisory Committees reviewed the applications, conducted interviews and individually rated each application. Attached are the committee funding recommendations based on their scores. Larry Eyer expressed his appreciation to the advisory board and mentioned some projects being recommended that would benefit the community through housing rehabilitation and providing necessary services. Rob Schneidler thanked the staff and the advisory board for their dedication in reviewing the applications. #0495 M/S/C/U (McConnell/Priest) Move to approve the Draft 2005 CDBG Advisory Committee recommendations for 2005 CDBG allocation, and authorize the submission of the annual Action Plan to HUD. 7B - ORDINANCE rFIRST READING] VACATING A PORTION OF THE NORTH/SOUTH ALLEY BETWEEN 13TM AND 16TM STREETS; AND A PORTION OF 15TM STREET BETWEEN BROADWAY AND WARREN AVENUES (#AB04-220): Michael Mecham, City Engineer pointed out that the City received a petition from Olympic College to vacate a portion of the north/south alley between 13th and 16~h Streets, and a portion of 15th Street between Broadway and Warren Avenues, This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. Gina Chaffee asked if this vacation will block off one end of the alley. Mr, Mecham answered that this vacation is just a clean-up following construction of the current parking lot, The alley will not be blocked off and the ownership of the alley would be transferred to Olympic College. Mary McFarlane raised concerns over drainage in the alley and that the street is one-way. She also asked how garbage trucks would be able to access the alley. Mr. Shepherd recommended that a meeting with residents be held next week to discuss the proposed street vacation. The Council recessed the meeting from 5:59-6:00 P. M, Mr. Short asked if the access will be available to the adjacent property owners. Mr. Mecham answered yes. Mr. Short referenced the drainage concern mentioned earlier. Mr. Mecham stated that the issue will be reviewed. TAPE #1976 City Council Reg. Mtg, Minutes Wednesday, October 20, 2004 Page 3 of 6 Mr. McConnell asked for clarification on the location of the alley and asked for assurance that residents would have access following the vacation. Mr. Gehrin,q asked if access to utilities has been addressed with Olympic College. Mr. Mecham answered yes. Mr. N¥,qren asked if public safety and access were considered while pursuing this vacation. Mr. Mecham responded that those issues did receive consideration and the usual survey process was followed. Mr. Shepherd hopes to get feedback from residents and clarify any issues that need to be addressed. Mr. Maupin commented that this ordinance clears up ownership issues, Ms. Arends requested that Olympic College be included in any discussions with the residents on these issues. #0935 M/S/C/U (Maupin/Shepherd) Move to approve the attached ordinance on first readin~A vacating a portion of the north/south alley between 13th and 16th Streets, and a portion of 15 Street between Broadway and Warren Avenues. 7C - ORDINANCE [FIRST READING1 VACATING A PORTION OF COONTZ STREET LYING BETWEEN CALLOW AVENUE AND CHARLESTON BOULEVARD; AND THE ALLEY LYING BETWEEN COONTZ STREET AND CHARLESTON BOULEVARD (#AB04-221): Michael Mecham, City Engineer stated that the City also received a petition from Kitsap Transit to vacate the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. This is a Class right-of-way and compensation has been paid by Kitsap Transit. There were no comments from the public. #1040 M/S/C/U (Arends/Priest) Move to approve the attached ordinance on first reading, vacating the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. 7D - ORDINANCE rFIRST READING] AMENDING CHAPTER 21.22 OF THE BREMERTON MUNICIPAL CODE RELATING TO APPEALS OF CRITICAL AREAS LAND USE DECISIONS AND ENFORCEMENT OF VIOLATIONS OF THE CRITICAL AREAS CODE (#AB04-222): Chris Huqo, Director of Community Development explained that current provisions of BMC 21.22 relating to appeals of critical areas land use decisions, and enforcement of violations of the critical areas code are outdated. The proposed ordinance updates those provisions to obtain more efficient and effective appeal and enforcement processing. Mr. Lubovich emphasized that this ordinance provides for enforcement options through the hearing examiner process, There were no comments from the pubfic. Mr. Short asked for clarification on the enforcement tool being proposed. Mr. Huqo responded that while staff can not enter private property without permission from the property owner, it does allow for reporting of issues and assessing penalties through the use of the hearing examiner. 4 TAPE #1976 City Council Reg. Mtg. Minutes Wednesday, October 20, 2004 Page 4 of 6 Mr. Gehrinq asked if there is a document that summarizes the enforcement actions that may be taken. Mr. Hu.qo stated that there is no one document that provides the actions, but the actions are included in the updated municipal code. Mr. Lubovich emphasized that the best way to resolve the issue is through voluntary compliance to ensure safety and to avoid the process with the hearing examiner as well as possible fines. Ms. Arends was concerned about a clearing project on the 100 and 200 btocks of North Lafayette Avenue, and asked for clarification on the definition of critical areas and what process would be in place for enforcement. Mr. Hu.qo discussed requirements for work on steep slopes and hillsides. The process would be that a resident would call in their concerns and after investigation if the project is not permitted properly, staff could issue a stop work order to ensure safety on the worksite and compliance with critical areas regulations. #1475 M/S/C (Priest/Shepherd) Move to approve the proposed ordinance on first reading to update the provisions of the BMC relating to appeals of critical areas land use decisions and enforcement of violations of the critical areas code. Voted in favor of Motion: Maupin, Short, Gehdng, McConnell, Priest, Shepherd, Nygren Voted opposed to Motion: Arends, Robinson Motion carried: 7-Yes; 2-No 7E - ORDINANCE [FIRST READING] CREATING A NEW CHAPTER OF THE BREMERTON MUNICIPAL CODE RELATING TO THE REGULATION AND USE OF MOTORIZED WHEELED TRANSPORTATION DEVICES WITHIN THE CITY (#AB04-223): Ro.qer Lubovich, City Attorney emphasized that the current provisions of the BMC do not provide provisions relating to the regulation and use of motorized wheeled transportation devices within City limits. The proposed ordinance creates a new BMC chapter, Chapter 10.13, entitled "Motorized Wheeled Transportation Devices" and further amends BMC Section 6.32.010(f) relating to noise level definitions and Section 13.04.100 entitled "Riding Motor Vehicles, Non-Motorized Vehicles and Horses" to provide for motorized wheeled transportation devices. He added there is a need to address safety issues, outline where devices are prohibited as well as guidelines for use, and sets up enforcement provisions. Also, the Washington State Patrol has categorized the "pocket bike" as a motorcycle, but since they lack safety equipment they recommend prohibiting their use on roadways. Edward Cox provided excerpts of security footage outlining his concerns regarding pocket bikes and supported the proposed regulation. He was also concerned about the potential for accidents. Mr. Lubovich added that the City can not prohibit the use of pocket bikes on public roads. However, the Washington State Patrol defines pocket bikes as motorcycles. Therefore, in order to operate on public roads the pocket bikes must have the necessary safety equipment found on motorcycles, otherwise they are prohibited. Douq Compton agreed that there needs to be rules established for these bikes and supported the safe use of pocket bikes. He also detailed improvements that can be made to make the bikes street legal. Mr. Lubovich intends to research before second reading what devices are legal or illegal with respect to the proposed code. Mr. Shepherd emphasized that law enforcement needs some delineation of what is problematic use or safe use of pocket bikes. He also requested further discussion on how to provide public education on the new law. TAPE #1976 City Council Reg. Mtg. Minutes Wednesday, October 20, 2004 Page 5 of 6 Mr. Lubovich stated that he had met previously with Police Chief Rob Forbes to discuss public education. Possible venues may include district meetings, brochures to distribute and to post on the internet, and to coordinate with pocket bike dealers to pass on this information. Mr. Lubovich clarified that electric scooters and wheelchairs are not included in this discussion. Mr. Maupin pointed out that some activities of pocket bikes inclusive of helmets and safe speeds will be allowed. Mr. Gehrin.q and Ms. Robinson provided their support for the ordinance; and Mr. M¢Connell requested some language changes to the ordinance. #2688 M/S/C/U (Shepherd/Maupin) Move to approve the proposed ordinance as amended on first reading creating a new BMC chapter relating to the regulation and use of motorized wheeled transportation devices, and amending the other BMC sections to provide for said devices. /~ ~,, ~k~ ~k~ ~ln~__~k~ ..--M~. TO E~Cc~n--- ~2.5 i.. ~ .~k~ /~n~ ~).. Ite pulled from t .-.t ......................... ~ .......... m was the agenda. THE ":~'"c..c~ oc~.~ ~ oceco~c =~ ~ ~..~,, ~ ~u= UL!D ~O 30"~ O" FUN~ "~ ~' ~"OU~"m ~OT T~ cv~ccn ~. n.. ~.~ ~-~_~o~. Item was pulled from the agenda. PUBLIC RECOGNITION Ed Pietras announced the Italian Spaghetti Festa to be held on Sunday, October 31~t from 1:00 - 7:00 P.M. at the Knights of Columbus Hall located at Bu~ell and Montgome~. The cost is $6 for adults, $3 for children 6-12, and free for children under the age of 6. The event will benefit the Olympic Peninsula Kidney Center. For more information, please call 479-9210. COUNCIL MEMBER REPORTS Will Maupin stated that the Vision 2020 Plan is in the process of being updated with the Puget Sound Regional Council. Carol Arends attended the Kitsap Regional Coordinating Council Meeting with Council Member Dianne Robinson, as well as the Health Board, CENCOM, and Kitsap Transit Board meetings. She also highly recommended the "Spaghetti Festa" as one of the great events to attend during the year. Dianne Robinson mentioned that Council Member Carol Arends and herself attended the BremeAon Foodline Banquet last weekend; and asked for her constituents to contact her at 473-5280 if they have nominations for the City Pride Program Award. Mike Shepherd commended Congressman Norm Dicks for his effods in bringing about the Government Center and encouraged people to attend the Grand Opening on Saturday, October 23rd. He also announced that the Evergreen Neighborhood Association would be meeting to elect officers on Sunday, October 24th beginning at 4:00 P.M. at Caf~ Destino. 6 TAPE #1976 City Council Reg. Mtg. Minutes Wednesday, October 20, 2004 Page 6 of 6 Cecil McConnell announced that the next District 1 & 2 Meeting would be held tomorrow night starting at 6:30 P.M. at the Sheridan Community Center located on the corner of Lebo Boulevard to discuss "Emergency Preparedness" and to answer any questions from citizens. Daren Ny,qren thanked Sister City Kure for hosting officials and the delegation from Bremerton, and believed that many good ideas came from that visit. Pa-la Johnston announced that wh~le' C~ty' offices will be moving nextth week, the Council ~ ~ ~'ontinue to be held in the Council Chambers at 239 4 Street next week. President Ny,qren added that moving the meetings to the new Chambers is pending installation of recording equipment, so the meetings would continue in the current location until further notice. With no further business, the meeting of the City Council was adjourned at 7:04 P.M. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge DATE SUBMITTED: (~c~ ~.,r'-- ~-7, ~t~---x~(3F BILL # ~--~ AGENDA ~ILL CITY OF B~MERTON ~ CITY CO~CIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A OC~ ~7t ,~O4' CO~CILMEET~GDate: ~t/~/O ~ ' D~a~ment: C~ty Council Presenter: D~en Ny~en, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held 1 ~ [3~/oq, ATTACHMENTS: Minutes for i O /~---7/o5L' FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [~ Table [] Continue [] No Action TAPE #t977 CITY COUNCIL MEETING MINUTES Wednesday, October 27, 2004 The weekly 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, October 27, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Aisc present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Brian Banke of Memorial Lutheran Church. President Ny.qren made the following announcements: 1. A Pre-Council session was held in the Conference Room from 5:00 to 5:30 PM; 2. The Council will convene in the Conference Room for a 15-minute Executive Session to discuss "LITIGATION" and "POTENTIAL LITIGATION" per R.C.W. 42.30.110(1 )(i); and 3. Council will reconvene in the Conference Room at the conclusion of the Council meeting for a LEGISLATIVE REVIEW SESSION to hear a presentation on upcoming agenda items; followed by an overview of the "2005 Budget". Terry Bickle, Bremerton General Manager of WASTE MANAGEMENT, provided an informational postcard providing "Fall Clean-Up and Other News"; and answered questions about their service. He also announced their new web site at www.wmnorthwest.com. CONSENT AGENDA A. Check numbers 294497, 294501 through 294861, EFT-6488 through EFT- 6495, EFT~ 6498; and EFT-6500 through EFT-6505 in the amount of $1,422,244.44; and Regular Payroll in the amount of $635,157.97 for the pay period ending September 30, 2004. (#AB04-226) #0215 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. 6A - ORDINANCE NO. 4912 [SECOND READING1 VACATING A PORTION OF THE NORTH/SOUTH ALLEY BETWEEN 13TM AND 16TM STREETS; AND A PORTION OF 15TM STREET BETWEEN BROADWAY AND WARREN AVENUES (#AB04-220): The first reading of this ordinance was heard on October 20, 2004. There were no comments from the public. #0335 M/S/C/U (Arends/Shepherd) Move to pass Ordinance No. 4912 on second reading, vacating a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues. 6B - ORDINANCE NO. 4913 [SECOND READING] VACATING A PORTION OF COONTZ STREET LYING BETWEEN CALLOW AVENUE AND CHARLESTON BOULEVARD; AND THE ALLEY LYING BETWEEN COONTZ STREET AND CHARLESTON BOULEVARD (#AB04-221): The first reading of this ordinance was heard on October 20, 2004. There were no comments from the public. #0375 M/S/C/U (McConnell/Priest) Move to pass Ordinance No. 4913 on second reading, vacating the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. TAPE #1977 City Council Reg. Mtg. Minutes Wednesday, October 27, 2004 Page 2 of 2 6C - ORDINANCE NO. 4914 [SECOND READING] AMENDING CHAPTER 21.22 OF THE BREMERTON MUNICIPAL CODE RELATING TO APPEALS OF CRITICAL AREAS LAND USE DECISIONS AND ENFORCEMENT OF VIOLATIONS OF THE CRITICAL AREAS CODE (#AB04- 222): The first reading of this ordinance was heard on October 20, 2004. There were no comments from the public. #0450 M/S/C/U (Short/Arends) Move to pass Ordinance No. 4914 on second reading to update the provisions of the BMC relating to appeals of critical areas land use decisions and enforcement of violations of the critical areas code. 6D - ORDINANCE NO. 4915 [SECOND READING] CREATING A NEW CHAPTER OF THE BREMERTON MUNICIPAL CODE RELATING TO THE REGULATION AND USE OF MOTORIZED WHEELED TRANSPORTATION DEVICES WITHIN THE CITY {#AB04-223): The first reading of this ordinance was heard on October 20, 2004. Edward Cox provided additional information in the form of a DVD to be used for training purposes, and expressed his appreciation to the City for addressing this issue. President Ny,qren added that the Police Department would prepare an educational campaign to inform the public on the details of this new ordinance. #0930 M/S/C/U (Gehring/McConnell) Move to pass Ordinance No. 4915 on second reading creating a new BMC chapter relating to the regulation and use of motorized wheeled transportation devices, and amending the other BMC sections to provide for said devices. At the conclusion of regular business, the Council convened in the Conference Room for a 15- minute Executive Session to discuss "LITIGATION" and "POTENTIAL LITIGATION" per R.C.W. 42.30.110(1)(i). With no further business, the meeting of the City Council was adjourned at 6:30 PM. The Council then reconvened in the Council Conference Room to hear a presentation on upcoming agenda items; followed by an overview of the "2005 Budget". Prep,~red and Submitted by: LOI~I SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge 10 DATE SUBMITTED: November 17, 2004 BILL # AGENDA BILL SUBJECT: Setting the Salary Level for the Committee Meeting Date: August 25, 2004 Budget Analyst position COUNCIL MEETING Date: November 23, 2004 Department: Financial Services Presenter: Michael R. Wilson Phone: 473-5590 SUMMARY: The BMC Chapter 2.50, Section 2.50.032 (a) requires Council approval for an initial salary rate which exceeds Rate 1. Cotmcil approval is requested to the salary rate of Mark McLaughlin as Budget Analyst for the Department of Financial Services at Pay Band 10, Rate 4 ($4,442/month) based upon his more than twenty-five years of his extensive budget and finance experience. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): There will be a salary savings of $461 per month due to the proposed salary level of the new Budget Analyst being four steps lower than the incumbent. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: , k -'-"---! - FISCAL/BUDGET: CONSENT AGENDA OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve of setting the salary rate of Mark McLaughlin as Budget Analyst for the Department of Financial Services at Pay Band 10, Rate 4, commencing on the date of hire of Mr. McLaughlin. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 11 DATE SUBMITTED: November 16, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date: amending Ch 3.50 BMC decreasing the tax COUNCIL MEETING Date: November 2~, 2004 for cable utilities. Department: Financial Services Presenter: Paula Johnston Phone: 473-5323 SUMMARY: The proposed ordinance amends Chapter 3.50 of the Bremerton Municipal Code to decrease the utility tax rate for cable utilities from 8.5% to 7% for the year 2005. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ~r~-O,o~,,~t:l ~ff;~310,-f CONSENT AGENDA [] OPERATIONS: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading decreasing the cable utility tax to 7% for 2005. 2. I move to pass Ordinance No. on second reading decreasing the cable utility tax to 7% for 2005. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 12 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.50 relating to utility taxes for 2005 decreasing the tax for cable utilities. WHEREAS, the City Council desires to decrease the utility tax rate for cable utilities for the year 2005; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 3.50.050 of the Bremerton Municipal Code entitled "Persons Subject to Tax - Amount" relating to utility taxes is hereby amended to read as follows: 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in business within the City, a fee or tax to be collected as follows: (a) Gas. Upon every person engaging in the business of transmitting, distributing or the selling of manufactured or natural gas, a fee or tax equal to six (6) percent of the total gross income fi.om such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to eight and one-half (8.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of providing water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to eight and one-half (8.5) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to eight and one-half (8.5) percent of the total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as television cable service, a fee or tax equal to~,~,,~:~' ~,,~ w,~ · .... ~v..~oeven (7) percent of the total gross income from such I business conducted within the City. (f) Solid waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal ten (10) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or selling electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in carrying on a telephone business for hire or for sale of a commodity or a service within or partly within the corporate limits of the 1 2005 Utility Tax City, a tax for the privilege of so doing business a tax equal to six percent (6%) of the total gross income rendered within the City. (1) "Deductions" In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited fi.om taxing under the Constitutions of the United States or the State of Washington. (ii) Amounts derived fi.om that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carder access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellular telephone service companies which keep their regular books of account on an accrual basis, for cash discounts and credit losses actually sustained by a taxpayer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service address: Payments by a customer for the telephone service fi.om telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. (ii) Roaming phones: When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (i) Except for solid waste, utility taxes will be frozen at their current rates for a period of two years through fiscal year 2005 unless City Council unfreezes the cap with a super- majority vote of the whole Council as seated. SECTION2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President 2 2005 Utility Tax 24 Approved this day of _, 2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the _day of _, 2004 ORDINANCE NO. R:\LEGAL\Ordinances\Finance\2005 Cable Utility Tax Changes.doc 3 2005 Utility Tax DATE SUBMITTED: November 16, 2004 BILL # 04 ~ ~ ~ I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date: amending Ch. 3.01 BMC updating Rates and COUNCIL MEETING Date: November 23, 2004 Fees for 2005 Department: Financial Services Presenter: Paula Johnston Phone: 473-5323 SUMMARY: The proposed ordinance amends Rate Tables E and F of Chapter 3.01 of the Bremerton Municipal Code to update the rates and fees for the Fire Department, Parks and Recreation Department and Gold Mountain Golf Complex. All other rates and fees remain unchanged for 2005. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: D~'e.- C~..v_t! ,~/~.3[~ CONSENT AGENDA [] OPERATIONS: Pfc- Co~,:l ttJ~l~q CO~CIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading amending Rate Tables E and F of Chapter 3.01 BMC to update the rates and fees for 2005. 2. I move to pass Ordinance No. on second reading amending Rate Tables E and F of Chapter 3.01 BMC to update the rates and fees for 2005. COUNCIL ACTION: [] Approve [] Deny ~ Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.01 of the Bremerton Municipal Code updating Fire Department, Parks and Recreation Department and Gold Mountain Golf Complex rates and fees for 2005. WHEREAS, the City Council desires to update the rates and fees for the year 2005; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDA1N AS FOLLOWS: SECTION L Rate Tables Amended. Chapter 3.01 of the Bremerton Municipal Code is hereby amended by amending Rate Table E (Fire Department), Rate Table F(2) (Parks and Recreation program fees and charges) and Rate Table F(5) (Gold Mountain Golf Complex) as set forth in Exhibit A of this Ordinance. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. E. ffective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ~, 2004 PASSED by the City Council the day of ., 2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:\LEGAL~Ordinances\Financc~2005 Rate Changes.doc 1 2005 Rates 17 FIRE DEPARTMENT - RATE TABLE E All Rates Listed Are "Not To Exceed" Fees E. FIRE DEPARTMENT RATE 1. AMBULANCE TRANSPORT FEE ALS Residents $425 ALS Non-Residents $490 BLS Residents $360 BLS Non-Residents $420 Mileage $§7/mile 2. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM CARE $100 After AND ADULT CARE FACILITIES first response per quarter 3. FIRE RESCUE BOAT RESPONSE Resident $115 Non-Residents $200 4. HAZARD MATERIALS RESPONSE Rice Hull Ash Actual Cost per Bag Absorbent Pads Actual Cost per Bag 5. STAND-BY-TIME Per crew of 3 $98/hour Fire Engine - Crew of 4 $115/hour 6. ACTIVE FIREFIGHTING Fire Engine $121/hour Aerial Ladder $200/hour 7. FALSE ALARM FEE $120 for second $225 for 3 or more per quarter 8. SPRINKLER/FIRE ALARM PLANS UBC or ICC Rates* *Uniform Building Code or International Fire Code EXHIBIT A 18 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees F. PARKS AND RECREATION DEPARTMENT RATE 2. PROGRAM FEES & CHARGES not to (a) NEW PROGRAMS exceed cost plus 25% (b)GLENN JARSTAD AQUATIC CENTER ADMISSIONS Youth (0-3 yrs.) NC Youth (4-17 yrs.) $2.50 Adult (18-54 yrs.) $3.00 Seniors (55 & up) $2.50 Disabled $2.50 Adult Fitness $3.00 Senior Fitness $2.50 Disabled Fitness $2.50 Special Public $1.00 PUNCH CARDS Youth 10 }unch $20.00 Youth 20 }unch $40.00 Adult 10 ~unch $24.00 Adult 20 ~unch $48.00 Senior/Disabled 10 ~unch $20.00 Senior/Disabled 20 ~unch $40.00 Fitness/Lesson 10 ~unch $24.00 Fitness/Lesson 20 )unch $48.00 Senior/Disabled Fitness 10 ~unch $20.00 Senior/Disabled Fitness 20 )unch $40.00 PASSES Youth 6 months $108.00 Youth 12 months $207.00 Adult 6 months $132.00 Adult 12 months $253.00 Senior/Disabled 6 months $108.00 Senior/Disabled 12 months $207.00 SWIMMING LESSONS Youth/Adult 30 min. $3.50 Private 30 min. $13.00 Semi-Private 30 min. $20.00 Parent Tot $3.00 Family Lessons 4 lessons $68.00 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees ITEMS FOR SALE Basic goggles $5.50 Deluxe goggles $13.00 Latex cap $3.50 Ear plug $2.25 Nose plug $2.25 New items not to (includes Washington exceed cost State Sales Tax) plus 75% RATE (c) ATHLETIC PROGRAM FEES VOLLEYBALL Co-ed (Fall & Winter) per team $210.00 Men and Women (Spring) per team $210.00 Men and Co-ed Sand (Summer) per team $110.00 Open Gym (Oct. - June) per person $2.00 SOCCER Player's fee per player $40.00 BASKETBALL Men's League (Fall & Winter) per team $425.00 Boy's League (Winter) per team $225.00 Girl's (Fail) per player $55.00 Blacktop League (Summer) no charge SOFTBALL Men's League (Spring) per team $450.00 Men's League - Players fee (Spg) per player $17.00 Sunday Co-ed (Spring) per team $330.00 Sunday Co-ed - Players fee (Spg) per player $12.00 Co-ed League (FalJ) per team $360.00 Co-ed - Players fee (Fall) per player $13.00 Men's League (Fall) per team $360.00 Men's League - Players fee (Fall) per player $13.00 TOURNAMENTS (SOFTBALL AND SOCCER) -- INVITATIONAL TOURNAMENTS Lions - One Day $220.00320.00 Lions - Two Day $ ......450.00 Lions - Three Day $4~0.00580.00 20 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees RATE Pendergast - One Day $290.00390.00 Pendergast - Two Day $48~0~585.00 Pendergast - Three Day $615.00 -- STATE TOURNAMENTS Lions - One Day $270.00370.00 Lions - Two Day $4.0~90500.00 Lions - Three Day $510.00610.00 Pendergast - One Day $390.00490.00 Pendergast - Two Day $580,00§80.00 Pendergast - Three Day $719.00810.00 -- Regional and National Tournaments will pay no less than State fees, but rates will be negotiated 5. GOLD MOUNTAIN GOLF COMPLEX (a) CASCADE COURSE RATE Weekday 18 Holes * 27.0028.00 Weekend/Holiday 18 Holes (3) 35.0038.00 Weekday 9 Holes * 19.0020.00 Weekend/Holiday 9 Holes 22.9024.00 Weekday 9 Hole Continue* 8.00 Weekend/Holiday 9 Hole Continue 14.00 Twilight Weekday* 19.0020.00 Twilight Weekend/Holiday 22.0023.00 League Rate** 18.0020.00 Senior 18 Holes* 21.0023.00 Junior 18 Holes* ! 1.0013.00 Junior Twilight Weekend/Holiday 13.00 Annual Pass Single :tC-OG~1,450.00 Annual Pass Couple 2,200.002,300.00 Annual Pass Family*** $2,300.00 plus $200.00 per iunior Annual Pass Sr. Single** 900.00950.00 Annual Pass Sr. Couple** 1,400.001,500.00 Semi Annual Single 700/750725.00/775.00 Semi Annual Couple ! ,I00/!,!501,150.00/1,200.00 Semi Annual Sr. Single** 450/500475.00/525.00 Semi Annual Sr. Couple** ~00/~°50550.00/900.00 Senior Punch Card** (2) 190.00 Regular 20 Rnd Punch Card 450.00475.00 21 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees Regular 10 Rnd Punch Card 245.00258.00 Junior 10 Rnd Punch Card 85.00 .... 985.00 Low Income Sr. Punch Card** **** (2) o,~ ,~ Pass Nc .......... *** (3asterisksaredeleted)(2) Corporate ~ ~-~w~.,... 2,200.00 r,,,,.. ~.v. ~.v~" Pccs Tcxcb!c* *** (a, asterisks are deleted) (2) 2,200.00 Daily Private Cart 18.0017.00 Annual Cart Fee 140.00 Shotgun Tournament (Not To Exceed) 18 Hole Green Fee 45.0050.00 * Monday through Thursday ** Not for Saturday, Sunday or Holiday *** c~..=.... 4 ~, ~r~,~ ,~,.. ~.., ...... .4 .... .4 +~ 4 nn ..... ,4,.~ June thro gh September .-.-u ........ ~ ..................................... rom u , juniors may only play after 11 a.m, on weekends and holidays **** Age 62 & up with household income < $18,000. RCW 71.38,070 1. A reduced rate, not less than the current twi-light rate, may be offered with the approval of the Director of Parks & Recreation 2. May be used for twilight any day of the week including Holidays 3. Saturday, Sunday or Holiday (May - September Not to Exceed Rate) (b) OLYMPIC COURSE RATE Weekday 18 Holes* 37.0040.00 Weekend/Holiday 18 Holes (2) ~4~g~55.00 Weekday 9 Holes* 2! .0023,00 Weekend/Holiday 9 Holes 30.0033,00 Weekday 9 Hole Continue* 18.0017.00 Weekend/Holiday 9 Hole Continue 24.0022.00 Twilight Weekday* 20.0022.00 Twilight Weekend/Holiday Junior Twilight Weekend 20.00 League Rate** 18.0020.00 Senior 18 Holes* 30.0032.00 Junior 18 Holes* 20.0022.00 Cascade Passes And Punch Cards 10.00 St~otgun Tournament (Not To Exceed 18 Hole Green Fee) (2) 65.0058.00 *Monday through Thursday ** Not for Saturday, Sunday or Holiday .... Age 62 & up with household income < $18,000. RCW 71.38.070 1. A reduced rate, not less than the current twi-light rate, may be offered with the approval of the Parks & Recreation Director. 2. Saturday, Sunday or Holiday (May - September Not to Exceed Rate) 22